STAFF Mr. Bill Voit, CSG Lexington Ms. Nancy Vickers, CSG Lexington GUESTS

Transcription

1 THE COUNCIL OF STATE GOVERNMENTS COMMITTEE ON SUGGESTED STATE LEGISLATION MEETING MINUTES DECEMBER 2, 2005 AND DECEMBER 4, 2005 THE HOTEL DUPONT WILMINGTON, DELAWARE The CSG Committee on Suggested State Legislation (SSL Committee) met Friday, December 2, 2005 and Sunday, December 4, Together, these meetings represent the first set of meetings in the 2007 SSL Cycle. On Friday the SSL Committee considered legislation that was not vetted through a CSG policy task force. On Sunday the SSL Committee considered the recommendations of the task forces and other carry-overs from Friday. There were 86 bills on these dockets. Notable issues these bills addressed included hazardous electronic waste, eminent domain and biometrics. The CSG policy task forces made recommendations about 39 of the bills to the SSL Committee. At these meetings, the SSL Committee voted to include 31 bills in the 2007 SSL Volume, which CSG plans to publish in December 2006 or January The SSL Committee voted to defer 5 bills for further consideration at upcoming task force or SSL Committee meetings, and it rejected the remaining 50. There were no action items from the SSL Committee. The next meeting of the CSG Committee on Suggested State Legislation will take place in May 2006 in conjunction with the CSG Spring Meeting.

2 COMMITTEE IN ATTENDANCE December 2, 2005 Presiding: Senator Pam Redfield, Nebraska, Co-Chair Representative Chris Ross, Pennsylvania, Co-Chair Mr. Jerry Bassett, Alabama, Vice Chair Sen. Don Balfour, Georgia Ms. Kathleen Cash, Indiana Senate Ms. Ann Cornwell, Arkansas Senate Rep. Ken Cowling, Arkansas Sen. John Cullerton, Illinois Sen. Bart Davis, Idaho Ms. Penny Davis, Alabama Law Institute Rep. Geraldine Flaharty, Kansas Rep. Mary Glenski, South Dakota Mr. Bill Goodman, Arkansas Senate Rep. Debbie Hudson, Delaware Rep. Terrie Huntington, Kansas Rep. Kim Koppelman, North Dakota Sen. Tim Mathern, North Dakota Mr. John McCabe, NCCUSL Rep. Bobby Moak, Mississippi Rep. Sean O Brien, South Dakota Mr. John Olsrud, North Dakota, Legislative Council Sen. Mitch Seabaugh, Georgia Sen. Chris Steineger, Kansas Rep. Donna Stone, Delaware Rep. Bill Stovall, Arkansas Rep. Pam Thornburg, Delaware Rep. Joe Toomy, Louisiana STAFF Mr. Bill Voit, CSG Lexington Ms. Nancy Vickers, CSG Lexington GUESTS Ms. Rachel Arnold, National Apartment Mr. Michael Behm, Stateside Associates Ms. Fran Bernstein, AFSCME Mr. David Critchlow, HCA Rep. LeRoy Dangeau, Arkansas Ms. Marie Day, Bank of America Mr. Phil Drager, Credit Union National Mr. Kevin Fisk, Grocery Manufacturers Mr. Ken Gear, Alliance of Automobile Manufacturers Mr. Brian Gordon, Stateside Associates Mr. Stuart Gordon, National of Chain Drug Stores Mr. Pierce Haley, Tevnan & Tevnan Mr. Michael Houghton, NCCUSL Mr. Leif Johnson, KSEFOCUS Ms. Suzanne Madden, American Forest & Paper Rep. Bruce Maloch, Arkansas Ms. Amy Malinowski, Alliance of Automobile Manufacturers Mr. David McCloud, Mr. Pete Poynter, BellSouth Ms. Linda Pryor, Pfizer Mr. Paul Russinoff, Visa, USA Mr. Tom Ryder, Illinois Mr. John Sandlowski, MVA Mr. John Selig, Arkansas DAAS Mr. Alan Smith, Ohio Casualty Group Mr. Freeman Smith, National Apartment Mr. Rob Smith, MVA Mr. Bob Stranierd, Pfizer Mr. Paul Stranz, MBNA Mr. Matthew Street, American Bankers Mr. Archie Shew, Hoffmann-LaRoche Mr. Dave Swarrey, MBNA Mr. Rob Sweeney, Citigroup Mr. Alan West, Citigroup Ms. Elizabeth Wise, Food Marketing Institute

3 CSG POLICY TASK FORCE RECOMMENDATIONS TO COMMITTEE ON SUGGESTED STATE LEGISLATION ITEM NO., TITLE OF ITEM UNDER CONSIDERATION SOURCE ACTION (*) Indicates item is carried over from previous SSL cycle. (Include) (Defer to TF) (Reject) (No Action) (01) CONSERVATION AND THE ENVIRONMENT *01-26B-05 Clean Drinking Water Fee KS Include 01-27A-01 Regulating Diesel Engine Emissions NJ Defer to Task Force (02) HAZARDOUS MATERIALS/WASTE *02-26B-01A Hazardous Electronic Scrap CA Reject *02-26B-01B Electronic Waste Computer Monitors and TVs ME Reject 02-27A-01 Statewide Computer Recycling Program MD Defer 02-27A-02 Mercury Switch Removal from Motor Vehicles AR Reject (03) ENERGY 03-27A-01A Renewable Energy Industries - Tax Credits WA Reject 03-27A-01B Tax Credits for Solar Energy WA Reject (17) CRIMINAL JUSTICE, THE COURTS AND CORRECTIONS/PUBLIC SAFETY AND JUSTICE *17-26C-05 Judicial Emergency Act GA Include 17-27A-01A Use of Electronic Communication for Certain Filings; Parties and Witnesses 17-27A-01B Relating to the Electronic Creation, Transmission, and Use of Certain Documents related to the Prosecution of a Criminal Offense VA TX Reject Reject 17-27A-02 Juror Protection IL Reject 17-27A-03 Online Property Offenses IL Include 17-27A-04 Family-friendly Courts Act CO Include 17-27A-05 Using Deadly Force Against Intruders FL Reject 17-27A-06 Model State Anti-Trafficking Criminal Statute USDOJ Include (05) PUBLIC, OCCUPATIONAL AND CONSUMER HEALTH AND SAFETY 05-27A-01 Tobacco Cessation Services CA Reject (21) HEALTH CARE

4 *21-26B-04 Health Enterprise Zones NJ Include 21-27A-01 Statewide African-American Initiative to Address the Disproportionate Impact of HIV/AIDS on the Health of African-Americans 21-27A-02 Requiring Hospitals to Report Charges for Certain Diagnostic-Related Groups CA SD Include Include 21-27A-03 Statewide Stroke Emergency Transport Plan and Stroke Facility Criteria TX 21-27A-04 Tax Deductions for Expenses and Lost Wages Resulting From Donating an Organ ND Reject Reject 21-27A-05 Bone Marrow Donor Education and Leave of Absence for State Employees Donating An Organ Or Bone Marrow ND Include 21-27A-06A Safe Handling OH Defer 21-27A-06B Safe Patient Handling and Movement Practices of Nurses in Hospitals and Nursing Homes TX Defer 21-27A-07 Enhancing Regenerative Medicine MA Include 21-27A-08 Human Experimentation CA Reject 21-27A-09 All Kids IL No Action 21-27A-10 No Senior Left Behind IL Reject 21-27A-11 Health Care Workplace Violence Prevention IL Reject 21-27A-12 Child Rape Protection KS Reject (24) AGRICULTURE *24-26C-01 An Act Concerning the Surety of Perishable Agricultural Defer to Task Force Commodities NJ *24-26C-02 Relating to Animal Identification Program Records ND Include *24-26C-03 Regarding the Protection of Documents Possessed by the Fish and Game Administration that Contains Personal Information of the Public ND Include *24-26C-04 Provisions Related to Taking Fish GA No Action 24-27A-01 Agricultural Enterprise VA Include 24-27A-02 Animal Exhibition Regulation; Permit Required NC Reject 24-27A-03 Agriculture Equipment Lighting and Reflector Standards IN Include

5 COMMITTEE IN ATTENDANCE December 4, 2005 Presiding: Senator Pam Redfield, Nebraska, Co-Chair Representative Chris Ross, Pennsylvania, Co-Chair Mr. Jerry Bassett, Alabama, Vice Chair Sen. Don Balfour, Georgia Ms. Kathleen Cash, Indiana Senate Rep. Ken Cowling, Arkansas Ms. Ann Cornwell, Arkansas Senate Sen. John Cullerton, Illinois Sen. Bart Davis, Idaho Ms. Penny Davis, Alabama Law Institute Sen. Karen Facemyer, West Virginia Rep. Geraldine Flaharty, Kansas Rep. Mary Glenski, South Dakota Mr. Bill Goodman, Arkansas Senate Rep. Debbie Hudson, Delaware Rep. Terrie Huntington, Kansas Rep. Kim Koppelman, North Dakota Rep. Ward Loyd, Kansas Sen. Tim Mathern, North Dakota Mr. John McCabe, NCCUSL Rep. Bobby Moak, Mississippi Rep. Sean O Brien, South Dakota Mr. John Olsrud, North Dakota, Legislative Council Sen. Mitch Seabaugh, Georgia Rep. Mary Skinner, Washington Rep. Tom Sloan, Kansas Sen. Chris Steineger, Kansas Rep. Donna Stone, Delaware Rep. Bill Stovall, Arkansas Rep. Pam Thornburg, Delaware Rep. Joe Toomy, Louisiana STAFF Ms. Annette DuPont Ewing, CSG Lexington Mr. Gene Slusher, CSG Lexington Mr. Bill Voit, CSG Lexington Ms. Nancy Vickers, CSG Lexington GUESTS Ms. Rachel Arnold, National Apartment Ms. Fran Bernstein, AFSCME Ms. Megan Carpentier, of Equipment Manufacturers Mr. David Critchlow, HCA Rep. LeRoy Dangeau, Arkansas Ms. Sally Estvanic, Westfield Group Mr. Ken Gear, Alliance of Automobile Manufacturers Mr. Brian Gordon, Stateside Associates Mr. Stuart Gordon, National of Chain Drug Stores Mr. Michael Houghton, NCCUSL Mr. Ed Jayne, AFSCME Ms. Suzanne Madden, American Forest & Paper Ms. Amy Malinowski, Alliance of Automobile Manufacturers Rep. Bruce Maloch, Arkansas Mr. David McCloud, The Advocacy Group Mr. Pete Poynter, BellSouth Ms. Linda Pryor, Pfizer Mr. John Sandlowski, MVA Mr. Jim Ruda, Intuit Mr. Paul Russinoff, Visa, USA Mr. Tom Ryder, Illinois Mr. John Selig, Arkansas Dept. of Health & Human Services Mr. Alan Smith, Ohio Casualty Group Mr. Rob Smith, MVA Mr. Bob Straniere, Pfizer Mr. Paul Stranz, MBNA Mr. Matthew Street, American Bankers Mr. Dave Swarrey, MBNA Mr. Rob Sweeney, Citigroup Mr. Alan West, Citigroup Ms. Elizabeth Wise, Food Marketing Institute Ms. Rachel Zagrabelny, International Council of Shopping Centers

6 ACTIONS BY THE SSL COMMITTEE ITEM NO., TITLE OF ITEM UNDER CONSIDERATION SOURCE ACTION (*) Indicates item is carried over from previous SSL cycle. (01) CONSERVATION AND THE ENVIRONMENT *01-26B-05 Clean Drinking Water Fee KS INCLUDE 01-27A-01 Regulating Diesel Engine Emissions NJ INCLUDE (02) HAZARDOUS MATERIALS/WASTE *02-26B-01A Hazardous Electronic Scrap CA REJECT *02-26B-01B Electronic Waste Computer Monitors and TVs ME REJECT (26B-a) A model bill being drafted in the Eastern Regional Conference is forthcoming, and may be available in late July. Since Rep. Ross is involved in drafting the model, staff should check with him before 26C docket book is finalized. (26C-a) Defer to December 2005 TF meeting and add to docket 27A: Maryland HB 575 about e- waste submitted by Rep. Dan Morhaim for consideration 02-27A-01 Statewide Computer Recycling Program MD DEFER TF 02-27A-02 Mercury Switch Removal from Motor Vehicles AR REJECT (27A-a) Get similar legislation from North Carolina, Michigan and Texas. (03) ENERGY 03-27A-01A Renewable Energy Industries - Tax Credits WA REJECT 03-27A-01B Tax Credits for Solar Energy WA REJECT (04) SCIENCE AND TECHNOLOGY (05) PUBLIC, OCCUPATIONAL AND CONSUMER HEALTH AND SAFETY 05-27A-01 Tobacco Cessation Services CA REJECT (06) PROPERTY, LAND AND HOUSING/INFRASTRUCTURE, DEVELOPMENT/PROTECTION 06-27A-01A An Amendment Relating to Eminent Domain AL REJECT 06-27A-01B Relating to the Exercise of the State s Power of Eminent Domain and the Protection of Private Property Rights DE REJECT 06-27A-01C Limiting the Use of the Power of Eminent Domain TX REJECT 06-27A-01D Limiting the Public Purposes for Which the Right of Eminent Domain may be Exercised NV REJECT 06-27A-01E Municipal Authority and Eminent Domain UT REJECT (07) GROWTH MANAGEMENT (08) ECONOMIC DEVELOPMENT/GLOBAL DYNAMICS/ DEVELOPMENT 08-27A-01 Innovation Council OR REJECT 08-27A-02 Municipal Theme Districts NY REJECT 08-27A-03 Global Partnership IL REJECT

7 (09) BUSINESS REGULATION AND COMMERCIAL LAW 09-27A-01 Risk-Based Capital for Health Organizations MN INCLUDE (10) PUBLIC FINANCE AND TAXATION 10-27A-01 Partial Abatement of Ad Valorem Taxes Imposed on Property NV REJECT (11) LABOR/WORKFORCE RECRUITMENT, RELATIONS AND DEVELOPMENT 11-27A-01 Private Construction Contracts KS REJECT (12) PUBLIC UTILITIES AND PUBLIC WORKS 12-27A-01 Transmission Authority ND INCLUDE (13) STATE AND LOCAL GOVERNMENT/INTERSTATE COOPERATION AND LEGAL DEVELOPMENT 13-27A-01 Religious Land Use Act UT REJECT (14) TRANSPORTATION *14-26C-02 Regarding the Revocation/Denial of an Elder s Driver s License Based on Statements Made by Their Treating Physicians WY INCLUDE (26C-e) Staff should seek additional legislation, e.g., PA A-01 Restricting the Operation of Mini-Motorcycles (Pocket Bikes) CT REJECT 14-27A-02 Vehicles: Removal: Storage CA REJECT (15) COMMUNICATIONS/TELECOMMUNICATIONS *15-26B-02 Deregulation of Communications Services IA INCLUDE (26C-f) Defer to next SSL meeting and get comments from Technology Working Group. Staff should seek additional legislation, e.g., MO, TX. (27A-b) Combine the abstracts of 15-26B-02, 15-26C-04, 15-27A-01 and 15-27A-02 into a Note. *15-26C-04 Authorizing a Telephone Corporation to Elect to Have All or Part of its Telecommunications Services Excluded from Regulation ID INCLUDE 15-27A-01 An Act relating to Telecommunications MO INCLUDE 15-27A-02 The Use of Electronic Delivery System for Access to Broadband and Other Enhanced Services TX INCLUDE *15-26C-05A Voice over Internet Protocol (VoIP) 911 Calls IL REJECT *15-26C-05B Requiring Internet-based Phone Companies to Connect 911 Calls to Appropriate Emergency Personnel NJ REJECT 15-27A-03 Unauthorized Interception, Interference With, or Retransmission of Services Offered Over a Cable Television SystemLA REJECT (16) ELECTIONS/POLITICAL CONDITIONS 16-27A-01 Direct Recording Electronic Voting Machines CT INCLUDE (27A-c) Include only the germane sections (7 & 8). (17) CRIMINAL JUSTICE, THE COURTS AND CORRECTIONS/PUBLIC SAFETY AND JUSTICE

8 *17-26C-05 Judicial Emergency Act GA INCLUDE (26C-g) Defer to Public Safety & Justice Task Force, get comments from CSG Interbranch working group 17-27A-01A Use of Electronic Communication for Certain Filings; Parties and Witnesses VA REJECT 17-27A-01B Relating to the Electronic Creation, Transmission, and Use of Certain Documents related to the Prosecution of a Criminal Offense TX REJECT 17-27A-02 Juror Protection IL REJECT 17-27A-03 Online Property Offenses IL DEFER TF 17-27A-04 Family-friendly Courts Act CO INCLUDE 17-27A-05 Using Deadly Force Against Intruders FL REJECT 17-27A-06 Model State Anti-Trafficking Criminal Statute USDOJ INCLUDE (27-d) Include the abstract and comments as a Statement and indicate that the Model has not been enacted in its entirety by any state as of December (18) PUBLIC ASSISTANCE/HUMAN SERVICES 18-27A-01 Penalties for the Unauthorized Acquisition or Transfer of Food Stamp Benefits SD REJECT 18-27A-02 Elder Group Homes IA REJECT (19) DOMESTIC RELATIONS/DEMOGRAPHIC SHIFTS/SOCIAL AND CULTURAL SHIFTS 19-27A-01 Custodial Interference OR REJECT (20) EDUCATION 20-27A-01 War Orphan Education Fund VA REJECT 20-27A-02 Digital or Online Learning WA INCLUDE 20-27A-03 University Venture Development Fund OR REJECT 20-27A-04 School Safety Drill Act IL REJECT (21) HEALTH CARE *21-26B-04 Health Enterprise Zones NJ INCLUDE 21-27A-01 Statewide African-American Initiative to Address the Disproportionate Impact of HIV/AIDS on the Health of African-Americans CA REJECT 21-27A-02 Requiring Hospitals to Report Charges for Certain Diagnostic-Related Groups SD INCLUDE 21-27A-03 Statewide Stroke Emergency Transport Plan and Stroke Facility Criteria TX REJECT 21-27A-04 Tax Deductions for Expenses and Lost Wages Resulting From Donating an Organ ND REJECT 21-27A-05 Bone Marrow Donor Education and Leave of Absence for State Employees Donating An Organ Or Bone Marrow ND INCLUDE 21-27A-06A Safe Handling OH REJECT 21-27A-06B Safe Patient Handling and Movement Practices of Nurses in Hospitals and Nursing Homes TX DEFER TF 21-27A-07 Enhancing Regenerative Medicine MA INCLUDE 21-27A-08 Human Experimentation CA REJECT

9 21-27A-09 All Kids IL DEFER (27A-e) Get additional information about this bill from Senator Cullerton A-10 No Senior Left Behind IL INCLUDE 21-27A-11 Health Care Workplace Violence Prevention IL REJECT 21-27A-12 Child Rape Protection KS REJECT (22) CULTURE, THE ARTS AND RECREATION 22-27A-01 Instructing Students about Harmful Effects Associated with the Use of Steroids and Performance-Enhancing Dietary Supplements by Adolescents CA REJECT 22-27A-02 Kids Fitness Challenge Initiative OK REJECT (23) PRIVACY *23-26B-01 Biometric Matching System WA REJECT (26B-n) Check on other states; perhaps resubmit. (26C-h) Defer to next SSL meeting and get comments from technology working group *23-26C-09 Identity Information Protection through Account Security Freezes NJ REJECT 23-27A-01A Regulating Data Recorders in Vehicles CA INCLUDE 23-27A-01B Regulating Data Recorders in Vehicles AR INCLUDE 23-27A-01C Regulating Data Recorders in Vehicles TX INCLUDE 23-27A-01D Motor Vehicle Data Recording Devices ND INCLUDE 23-27A-01E Event Recording Devices in Motor Vehicles NV INCLUDE 23-27A-02 Vehicle Rental Agreements: Electronic Surveillance Technology CA INCLUDE (27A-f) Include only germane sections (O & P) A-03 Transaction Scan Devices TX INCLUDE 23-27A-04 Vital Records Identity Fraud and Identity Fraud KS INCLUDE (24) AGRICULTURE *24-26C-01 An Act Concerning the Surety of Perishable Agricultural Commodities NJ DEFER TF *24-26C-02 Relating to Animal Identification Program Records ND INCLUDE *24-26C-03 Regarding the Protection of Documents Possessed by the Fish and Game Administration that Contains Personal Information of the Public ND INCLUDE *24-26C-04 Provisions Related to Taking Fish GA REJECT 24-27A-01 Agricultural Enterprise VA REJECT 24-27A-02 Animal Exhibition Regulation; Permit Required NC REJECT 24-27A-03 Agriculture Equipment Lighting and Reflector Standards IN INCLUDE 24-27A-04 Agricultural Security Areas OH REJECT (25) CONSUMER PROTECTION 25-27A-01 Extending Credit to Victims of Identity Theft TX REJECT 25-27A-02 Service Charges and Fees on Gift Certificates ND INCLUDE 25-27A-03 Motor Vehicle Sale Contracts: Car Buyer s Bill of Rights CA REJECT 25-27A-04 Violent Video Games CA REJECT

10 (26) MISCELLANEOUS