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CSG COMMITEE ONSUGGESTED STATE LEGISLATION

Subcommittee on Scope and Agenda

DOCKET BOOKDecember 6, 1998

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CSG COMMITTEE ON SUGGESTED STATE LEGISLATION (SSL)Subcommittee on Scope and AgendaDOCKET BOOK (A), 1999 Cycle

December 1997SSL OVERVIEW

The CSG Committee on Suggested State Legislation (SSL Committee) identifies timely and innovative state legislation on behalf of the states. The items chosen by the SSL Committee are featured in annual, Suggested State Legislation volumes. SSL Committee members represent all regions of the country and many areas of state government. Members include legislators, legislative staff and other state government officials.

Members from the SSL Committee also serve on an SSL Subcommittee on Scope and Agenda. The subcommittee screens and refers legislation to the SSL Committee. The subcommittee serves as an executive committee of the SSL Committee.

Only members of the Committee on Suggested State Legislation or its Subcommittee on Scope and Agenda can vote on items that are brought before these committees, unless such items require further action by other CSG committees.

The SSL Subcommittee on Scope and Agenda meet three times each year: December, April, and July or August (at least two meetings are held along with CSG business meetings). The Committee on Suggested State Legislation meets immediately after the third subcommittee meeting (e.g., the next day). The members of the committee examine the proposals referred by the subcommittee and select the items that will appear in the upcoming volume. The volume and its CD-ROM counterpart are typically published in December.

SSL Committee members, other state officials and staff, CSG Associates and CSG staff can submit legislation directly to the SSL Program. The committee also considers legislation from other sources, but only when that legislation is submitted through a state official. Other sources include public interest groups and members of the corporate community who are not CSG Associates.

It takes approximately 210 bills or laws to fill the dockets of one, year-long SSL cycle. Items should be submitted to CSG at least eight weeks in advance to be considered for placement on the docket of a scheduled Subcommittee on Scope and Agenda meeting. Items submitted after this date are typically held for a later meeting.

Legislation that is submitted to the subcommittee is either referred to the committee, deferred to the next subcommittee meeting or next SSL Cycle, or rejected. Items that are referred to the committee are recommended for inclusion in the upcoming volume, rejected, or in some cases, deferred until the next year's cycle.

Committee members prefer to consider legislation that has been enacted into law by at least one state. Legislation that addresses a single, specific topic is preferable to omnibus legislation that addresses a general topic or references many disparate parts of a state code. Occasionally, committee members will consider and adopt uniform or proposed "model" legislation from an organization, or an interstate compact. In this case, the committee strongly prefers to examine state legislation that enacts the uniform or model law, or compact.

In order to facilitate the selection and review process on any submitted legislation, it is particularly helpful to include information on the current status of the legislation, an enumeration of other states with similar provisions, and any summaries or analyses of the legislation.

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SSL CRITERIA

· Does the issue have national or regional significance?· Are fresh and innovative approaches available to address the issue?· Is the issue of sufficient complexity that a bill drafter would benefit from having a comprehensive· draft available?· Does the bill or Act represent a practical approach to the problem?· Does the bill or Act represent a comprehensive approach to the problem or is it tied to a narrow approach that may have limited relevance for many states? · Is the structure of the bill or Act logically consistent?· Is the language and style of the bill or Act clear and unambiguous?

The word "Act" as used herein refers to both proposed and enacted legislation. Attempts are made to ensure that items presented to committee members are the most recent versions. However, interested parties should contact the originating state for the ultimate disposition in the state of any docket entry in question, including substitute bills and amendments. Furthermore, the Committee on Suggested State Legislation does not guarantee that entries presented on its dockets or in a Suggested State Legislation volume represent the exact versions of those items as submitted or enacted into law, if applicable.

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PRESENTATION OF DOCKET ENTRIES

Docket ID# TitleState/sourceBill/Act

Summary: [These are often excerpted from bill digests, committee summaries, and related materials which are contained in or accompany the legislation.]

Status: [Action taken on item in source state.]

Comments: [Contains references to other bills or information about the entry and issues the members should consider in referring the entry for publication in SSL. Space may also be used to note reaction to an item, instructions to staff, etc.]

Disposition of Entry: [Action taken on item by the committee(s).]

Scope: (Yr.)(A)(B)(C)( ) Refer to full Committee( ) Defer consideration: ( ) next Scope & Agenda Subcommittee mtg. ( ) next SSL cycle( ) Reject

Note to staff: (a, b, c, etc.)

Full: (Yr.)(D)( ) Include in Volume ( ) Defer consideration until next SSL cycle( ) Reject

Note to staff: (a, b, c, etc.)

* Item was deferred from the previous SSL cycle

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SSL DOCKET CATEGORIES

(01) Conservation and the Environment(02) Hazardous Materials/Waste(03) Energy(04) Science & Technology(05) Public, Occupational and Consumer Health and Safety(06) Property, Land and Housing(07) Growth Management(08) Economic Development(09) Business Regulation and Commercial Law(10) Public Finance and Taxation(11) Labor(12) Public Utilities and Public Works(13) State and Local Government(14) Transportation(15) Communications(16) Elections(17) Criminal Justice, the Courts and Corrections(18) Public Assistance/Human Services (19) Domestic Relations(20) Education(21) Health Care(22) Culture, the Arts and Recreation(23) Privacy(24) Agriculture(25) Consumer Protection

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THE COUNCIL OF STATE GOVERNMENTSCOMMITTEE ON SUGGESTED STATE LEGISLATION (SSL)SUBCOMMITTEE ON SCOPE AND AGENDA--DOCKET 99A

SSL committee members typically direct CSG staff to find additional legislation or information about docket items. These are recorded as notations under the respective docket items. The notations are indicated by (a), (b), (c), etc. For example, (99A-a) represents the first meeting (A) of the 1999 cycle and the first notation on that docket (a). Notations from the second meeting (B) of the 1999 cycle will be listed on the next docket as (99B-a), etc. * Indicates the item was deferred from the previous SSL cycle. Summaries from state legislative agencies and committees may also be attached to the legislation on SSL dockets.

ITEM NO. TITLE OF ITEM UNDER CONSIDERATION SOURCE ACTION

(01) CONSERVATION AND THE ENVIRONMENT01-99A-01 Quarry Operation, Reclamation and Safe ARClosure

(02) HAZARDOUS MATERIALS/WASTE02-99A-01 Nonhazardous and Nonliquid Waste Handling IL

(03) ENERGY

(04) SCIENCE & TECHNOLOGY*04-98C-01 Cloning NY04-99A-01 Cloning CA

(05) PUBLIC, OCCUPATIONAL AND CONSUMER HEALTH AND SAFETY05-99A-01 Immunity from Civil Liability for E-911 Response VA05-99A-02 Statewide 800 MHz Public Safety Trunking System IN

(06) PROPERTY, LAND AND HOUSING06-99A-01 Brokerage Relationship Disclosure FL06-99A-02 Lead Exposure NC

(07) GROWTH MANAGEMENT

(08) ECONOMIC DEVELOPMENT

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(09) BUSINESS REGULATION AND COMMERCIAL LAW*09-98B-02 Regulating Interactive Computer Services NE(98B-i) CSG will seek similar Internet-related legislation from other states and develop the topic into a “Note.” Topics include e-mail and taxing Internet transactions or service providers.*09-98C-01 Internet Service Providers CA*09-98C-02 Gambling: Interactive Computer Service CA*09-98C-03A Internet Tax Freedom Act CA*09-98C-03B Taxing the Internet WA*09-98C-04 Electronic Mail and Minors CA*09-98C-05 Student Access to the Internet AR*09-98C-06 Libelous Electronic Material WI*09-98C-07 Blocking/Screen Software and the Internet TX*09-98C-08 Pornography and the Internet TX09-99A-01 Electronic Mail: Civil Liability NV09-99A-02 Out-of-State Alcoholic Beverage Sales LA09-99A-03 Bulk Sales VA09-99A-04 Registering Securities and the Internet VA09-99A-05A Uniform Prudent Investor Act MODEL09-99A-05B Uniform Prudent Investor Act CT09-99A-06 Revision of Uniform Principal and Income Act MODEL09-99A-07 Powers of National Banks Authorized for State Banks IN09-99A-08 National Securities Market Improvement Act NH09-99A-09 Title Insurers/Title Insurance Agents NE

(10) PUBLIC FINANCE AND TAXATION10-99A-01 State Savings Incentive Account WA

(11) LABOR11-99A-01 Workers Compensation: Limited Liability Companies ID11-99A-02 Interstate Jobs Protection Compact COMPACT

(12) PUBLIC UTILITIES AND PUBLIC WORKS12-99A-01 Military Base Utilities IN

(13) STATE AND LOCAL GOVERNMENT13-99A-01 Senior Citizens Service Districts WY13-99A-02 Defined Contribution Plans STATEMENT13-99A-03 Model Ombudsman Act MODEL

(14) TRANSPORTATION14-99A-01 Omnibus DWI Act MN14-99A-02 Teenage and Adult Driver Responsibility Act STATEMENT14-99A-03 Graduated Driver’s License MI

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(15) COMMUNICATIONS15-99A-01A Slamming and Loading MN15-99A-01B Slamming NY15-99A-02 Prize Boxes and Long Distance Telephone Services NY15-99A-03 Powers of Public Service Commission Relative ILto the Federal Telecommunications Act of 199615-99A-04 Telecommunications Infrastructure SD

(16) ELECTIONS16-99A-01 Campaign Finance ID

(17) CRIMINAL JUSTICE, THE COURTS AND CORRECTIONS*17-98C-03 Perpetrator’s Assumption of Risk NOTE**** replaces the North Dakota law on the July 97 scope & agenda docket, per notation (98C-i) - develop a “Note” on this topic for the next cycle. Put the Note on the docket. Check legislation in Hawaii and New York.17-99A-01 Hard Labor Requirements for Prisoners WY17-98A-02 Paying the Cost of Incarceration LA17-99A-03 Closed Circuit Video Teleconferencing TX17-99A-04 Forfeiture For Contacting Victims TX17-99A-05 Expungement of Arrest Records GA17-99A-06 Harassing or Threatening via Computers AR17-99A-07 Inmate Copayments for Health Care TX17-99A-08 Conditional Release of Sex Offenders FL

(18) PUBLIC ASSISTANCE/HUMAN SERVICES18-99A-01 Medicaid Fraud GA

(19) DOMESTIC RELATIONS19-99A-01 Sovereign Marriage LA19-99A-02 Interethnic Adoption AR19-99A-03 Abandoned Children AL

(20) EDUCATION20-99A-01 Postsecondary Enrollment Options for High School IDJuniors and Seniors20-99A-02 Standard Electronic Admission Applications TX20-99A-03 Athletic Scholarships: Requirements TX20-99A-04 Textbooks IN20-99A-05 Student Religious Liberty TN

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(21) HEALTH CARE*21-98A-07 Confidentiality of Records of Genetic Tests NY(98A-dd) Add the “Comment” in the 98A docket book to the abstract.(98D-r) Get updated New York law and check to see if Illinois hasa similar law. Put both on a future scope & agenda subcommitteedocket.21-99A-01 Genetic Testing for Research NY21-99A-02 Genetic Information Privacy IL21-99A-03 Experimental Medical Care Disclosure Act MD21-99A-04 HMOs - Negotiated Rates - Coinsurance Payments MD21-99A-05 Statewide Trauma System NE21-99A-06 Limited-Service Rural Hospitals NE21-99A-07A Hospital Conversions AZ21-99A-07B Hospital Conversions NE21-99A-08 Medically Underserved Areas AZ21-99A-09 Portability, Availability and Renewability of NHHealth Coverage21-99A-10 Tuberculosis Control Compact COMPACT21-99A-11 Breast Cancer Patient Protection RI

(22) CULTURE, THE ARTS AND RECREATION

(23) PRIVACY

(24) AGRICULTURE*24-98A-03 Livestock Management IL(98A-ff) CSG will seek similar bills from North Carolina and other states.*24-98B-01 Agricultural Waste NC24-99A-01 Concentrated Animal Feeding Operations OK24-99A-02 Prohibiting Concentrated Swine Feeding Operations SD24-99A-03A Fertilizer FL24-99A-03B Fertilizer GA

(25) CONSUMER PROTECTION 25-99A-01A Deceptive Commercial Solicitation IN25-99A-01B Simulated Invoices OR25-99A-02 Price Gouging During Emergencies and Natural Disasters AR

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01-99A-01 Quarry Operation, Reclamation and Safe ClosureArkansasAct 1116 of 1997 (SB 397)

This Act establishes procedures to regulate quarries, from notification of operation to reclamation of closed quarries.

Status: enacted into law, 1997.

Disposition of 01-99A-01:

Scope: 99A( ) Refer to full Committee ( ) Defer consideration: ( ) next SSL cycle( ) Reject

Note to staff:

Full: 99D( ) Include in Volume ( ) Defer consideration until next SSL cycle( ) Reject

Note to Staff:

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02-99A-01 Nonhazardous and Nonliquid Waste HandlingIllinoisHB 2164 (enrolled version)P.A. 90-502

This Act amends the state Environmental Protection Act to exclude most nonhazardous and nonliquid industrial-process and pollution-control wastes from the definition of special waste. Generally, businesses that certify that they are following the new law's requirements may dispose of such waste as ordinary municipal waste if the waste has never exhibited characteristics of or been listed by the EPA as hazardous waste; if the waste is not liquid waste; and if it does not contain asbestos, polychlorinated biphenyls (PCBs) or auto fluff. Auto fluff comes from recycling and shredding vehicles.

New certifications are required for each change in process or raw materials. Certifications must be provided when requested by the state EPA, the waste hauler, or the facility receiving the waste.

The excluded wastes no longer require manifests (documents that track their journey from generator to receiving facility). They need not be transported by special-waste haulers; and receiving facilities need not have special-waste authorization. However, wastes that cannot have their special designation removed through the new generator-certification process must continue to be manifested and managed accordingly.

The new law provides stiff penalties for false certification. Anyone who knowingly and falsely certifies that an industrial-process or pollution-control waste is not a special waste commits a Class 4 felony for a first offense, and a Class 3 felony for any subsequent offense. In addition to other penalties prescribed by law, anyone convicted of a Class 4 felony is subject to a fine not to exceed $50,000 for each day of the offense. A Class 3 felony carries a maximum fine of $250,000 for each day the offense continues.

An industrial-process waste is one generated directly or indirectly in the manufacture of a product or the performance of a service. Examples include chemical catalysts, paint sludge, incinerator ash, metallic dust sweepings and off-specification, contaminated or recalled wholesale or retail products.

A pollution-control waste is one generated directly or indirectly in the removal of contaminants from air, land or water. Examples include wastewater treatment plant sludge, baghouse dusts, landfill waste, scrubber sludge and chemical spill cleanings.

In addition to these wastes, the containers that once held them may also be excluded from the definition of special waste (and disposed of as municipal waste) provided the container no longer contains a liquid, all wastes have been removed by means appropriate for the material and the container, any remaining residue is less than one inch thick, and any inner liner has been removed and managed as special waste.


Comment: The key components highlighted in the abstract start on page 30 of this Act, under Section 3.45, “Special Waste.” Other less important components address dry cleaning, fluorescent bulbs and high intensity discharge lamps. A press release about this Act is attached to the Act.Disposition of 02-99A-01:

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Scope: 99A( ) Refer to full Committee( ) Defer consideration: ( ) next SSL cycle( ) Reject

Note to staff:


Note to Staff:

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*04-98C-01 CloningNew YorkS 2877 – B

This bill prohibits growing or creating a human being by replacing a nucleus of a cell of a human oocyte with the nucleus of a differentiated somatic cell of any person for implantation of the resultant embryo for gestation. It enacts a new crime of cloning a human being as a class D felony. It appears to permit cloning-related research if the research is used to find a cure to a disease and the research does not result in cloning a human being.

Status: recommitted to rules committee as of 08/01/97 (latest date available on-line).

Disposition of 04-98C-01:

Scope: 99A( ) Refer to full Committee( ) Defer consideration until next SSL cycle( ) Reject

Note to staff:


Note to Staff:

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04-99A-01 CloningCaliforniaCH 688, Laws of 1997 (SB 1334)

This Act:· prohibits any person from cloning a human being;· prohibits any person from purchasing or selling an ovum, zygote, embryo, or fetus for the purpose of cloning a human being;· authorizes the state department of health services to levy administrative penalties on violators of up to $250,000 for individuals, and up to $1,000,000 for corporations, firms, clinics, hospitals, laboratories, or research facilities; · defines "cloning" as inserting the nucleus from a human cell into an egg cell from which the nucleus has been removed, for the purpose of cloning;· states that a violation of the above provisions constitutes unprofessional conduct under the state Medical Practice Act;· requires business licenses issued by cities or counties, as specified, to be revoked for violations of the above provisions; and· sunsets the above provisions on January 1, 2003;The Act also:· calls for a five-year moratorium on the cloning of an entire human being in order to evaluate the medical, ethical and social implications;· says that the moratorium is not intended to apply to cloning of human cells, human tissue, or human organs that would not result in the replication of an entire human being; and· specifies that during the moratorium, the state director of health services be called upon to establish a panel to review this issue and advise the legislature and governor.




Note to staff:


Note to Staff:

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05-99A-01 Immunity from Civil Liability for E-911 ResponseVirginiaCH 334, Laws of 1997

This Act provides immunity from civil liability to people who voluntarily provide emergency care to injured or sick people.




Note to staff:


Note to Staff:

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05-99A-02 Statewide 800 MHz Public Safety Trunking SystemIndianaHEA 1865

This Act authorizes the state police to set up a statewide radio system to enable state and localpublic safety agencies to communicate with each other. Apparently, such agencies have historically used proprietary frequencies and equipment which inhibits their communication and overall response to disasters and emergencies.




Note to staff:


Note to Staff:

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06-99A-01 Brokerage Real Estate DisclosureFlorida CH 97-42

This law adopts a state Brokerage Relationship Act to clarify the relationship between real estate agents/brokers and real estate buyers and sellers. The Act requires real estate agents/brokers to provide customers with certain information before and after they enter into a brokerage relationship. This includes whether the broker/agent is acting as a single agent or as a transaction broker, and the duties of a single agent and a transaction broker.


Comment: The 1993 Suggested State Legislation contains a Residential Real Estate Disclosure Act which requires sellers to disclosure defects in their residential property to prospective buyers. The Florida Act on this docket addresses the relationship between real estate brokers/agents and real estate buyers and sellers.



Note to Staff:


Note to Staff:

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06-99A-02 Lead ExposureNorth CarolinaSB 806

This Act establishes voluntary standards to reduce the risk of exposure to lead in residencesthat were built before 1978. Owners who bring their buildings into compliance with these standards also limit their liability in lawsuits over lead exposure to occupants of their buildings.


Comment: A letter from the state department of natural resources and environment about this Act and an article on lead safety standards are attached to the Act.



Note to Staff:


Note to Staff:

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*09-98B-02 Regulating Interactive Computer ServicesNebraskaLB 786

This bill amends state law to exclude interactive computer services (e.g., Internet telephone calls) from regulation by the state public service commission.

Status: This bill died in committee on 3/11/97.

Comment: regarding (98B-i) note. CSG added Internet legislation to the 99A docket. Staff will develop an Internet “Note” when more legislation passes in the states, probably by the April 1998 scope & agenda subcommittee meeting.

Disposition of 09-98B-02:


Note to staff:(98B-i) CSG will seek similar Internet-related legislation from other states and develop the topic into a “Note.” Topics include e-mail and taxing Internet transactions or service providers.


Note to staff:

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*09-98C-01 Internet Service ProvidersCaliforniaAB 583 (as amended)

Existing state law does not regulate Internet service providers. This bill imposes certain requirements on Internet service providers (ISPs). ISPs must:· notify subscribers when their access rates fall below 70 percent;· disclose their access rates for the most recent calendar quarter when marketing their services;· post access rates for the most recent calendar quarter via electronic media (e.g., their Web site);· notify subscribers of the ISPs' service cancellation policies; and· enable subscribers to cancel service by telephone, mail, or electronic mail.

Status: pending in committee as of 10/14/97, last posted action on 4/22/97.

Comment: This item was added to the docket per notation (98B-i). A legislative committee analysis is attached to the bill.





Note to staff:

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*09-98C-02 Gambling: Interactive Computer ServiceCaliforniaSB 777 (as amended)

This bill makes it a misdemeanor to use interactive computer services or systems to engage in gaming, transmit bets or wagers, or receive money or credit as a result of gaming or placing bets or wagers.

Status: pending in committee as of 10/15/97; last posted action on 5/6/97.

Comment: This item was added to the docket per notation (98B-i). A legislative committee analysis is attached to the bill.





Note to staff:

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*09-98C-03A Internet Tax Freedom ActCaliforniaAB 1614 (as introduced)

This bill prohibits imposing, assessing or attempting to collect any tax or fee directly or indirectly on, or in connection with, the Internet, any interactive computer services, or the use of the Internet or any interactive computer services.

Status: pending in committee as of 10/15/97; last posted action on 4/22/97.

Comment: This item was added to the docket per notation (98B-i).

*09-98C-03B Taxing the InternetWashingtonSubstitute SB 5763 (enrolled version)

This Act prohibits until July 1, 1999, cities or towns from imposing any new taxes or fees specific to Internet service providers. Cities or towns may tax Internet service providers under generally applicable business taxes or fees, at a rate not to exceed the rate applied to a general service classification. The Act also contains provisions declaring that providing Internet services is a selected business and subject to tax under certain general service business and occupational tax classifications in state law.



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Disposition of 09-98C-03A:




Note to staff:

Disposition of 09-98C-03B:




Note to staff:

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*09-98C-04 Electronic Mail and MinorsCaliforniaCH 590 (AB 181 as amended)

This Act makes is a crime to use electronic mail, the Internet or an on-line service to distribute pornographic material to minors or seduce minors. It also holds harmless Internet service providers, commercial on-line service providers and cable television companies from criminal liability for the actions of their subscribers or service users.


Comment: This item was added to the docket per notation (98B-i). This version was enacted into law. It replaces the version of AB181 that was deferred from the July SSL docket.



Note to staff:(99A-i) CSG will seek similar Internet-related legislation from other states and develop the topic into a “Note.” Topics include e-mail and taxing Internet transactions or service providers.


Note to staff:

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*09-98C-05 Student Access to the InternetArkansasHB 1386

This Act directs local school boards to develop and adopt a written policy concerning student and staff use of computers owned by the district in accessing the Internet.







Note to staff:

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*09-98C-06 Libelous Electronic MaterialWisconsinAB 328

Under current state law, before anyone may commence an action for damages related to a libelous publication in a newspaper or periodical, they must give the person alleged to have committed the libel the chance to correct the libelous material. This bill creates a procedure for dealing with libelous material published in radio, television and electronic media, such as an electronic bulletin board on the Internet, a computer network or an electronic online service.

Status: pending in committee as of 5/14/97. No further action as of 10/15/97.






Note to staff:

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*09-98C-07 Blocking/Screen Software and the InternetTexasHB 1300 (enrolled version)

This Act requires a person who provides an interactive computer service to another person for a fee shall provide free of charge to each subscriber of the service a link leading to fully functional shareware, freeware or demonstration versions of software or to a service that, for at least operating system, enables the subscriber to automatically block or screen material on the Internet.

Status: enacted into law, 1997 (signed into law 6/11/97).

Comment: This item was added to the docket per notation (99A-i).





Note to staff:

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*09-98C-08 Pornography and the InternetTexasSB 674

This bill extends criminal sanctions for possessing child pornography when the pornographic images are depicted or distributed by a computer. The legislation incorporates all types of technology into a new definition of “visual material” in the state statutes.

Status: became law, 6/18/97.




Note to staff:


Note to staff:

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09-99A-01 Electronic Mail: Civil LiabilityNevadaSB 13 (CH 341, 1997)

This Act restricts commercial advertising via electronic mail. It enables people to collectdamages for unsolicited email advertisements, which are referred to on the Internet as electronic “junk mail” and “Spam.”


Comment: A brief note about this Act is attached to the Act.



Note to staff:


Note to staff:

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09-99A-02 Out-of-State Alcoholic Beverage SalesLouisianaHB 1754 (enrolled version)

This Act prohibits wholesalers, retailers, or beverage alcohol producers in other states from shipping their products directly to consumers in Louisiana except under certain circumstances. It imposes penalties and fines on violators.

Status: enacted into law as Act 728, 1997.

Comment: A synopsis of the issue is attached to the Act. A similar Kentucky law (HB 302) is in the resource packet.



Note to staff:


Note to staff:

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09-99A-03 Bulk SalesVirginiaCH 121, Laws of 1997

This Bulk Sales Act replaces Title 8.6 of the Uniform Commercial Code. According to state legislative staff, the new Act is intended to afford better protection to creditors and to minimize impediments to good faith transactions.


Comment: This Act is based on a model by the Uniform Law Commissioners.



Note to staff:


Note to staff:

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09-99A-04 Registering Securities and the InternetVirginiaCH 538

This Act enables offers of unregistered securities to be made in the state via the Internet. It authorizes the state corporation commission to make rules to regulate the practice.




Note to staff:


Note to staff:

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09-99A-05A Uniform Prudent Investor ActMODEL

This Act removes common law restrictions on the investment authority of fiduciaries. It allows fiduciaries to use modern portfolio theory to guide investment decisions. It sets the performance of investment portfolios as the standard to gauge the performance of fiduciaries. It also allows fiduciaries to delegate investment decisions to qualified and supervised agents and requires sophisticated risk-return analysis to guide investment decisions.

Comment: This model by the Uniform Law Commissioners has been enacted in 20 states, seven of which adopted it in 1997. A list of these states is attached to the Act. ULC staff comments are incorporated after each section of the model.

09-99A-05B Uniform Prudent Investor ActConnecticutPublic Act 97-140

This Act adopts the Uniform Prudent Investor Act by the National Conference of Commissioners on Uniform State Laws. It sets guidelines for trustees who invest and manage beneficiaries’ assets. The Act allows trustees to be held legally accountable for breaching their duty to beneficiaries.


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Disposition of 09-99A-05A:


Note to staff:

Full: 99D( ) Include in Volume( ) Defer consideration until next SSL cycle( ) Reject

Note to staff:

Disposition of 09-99A-05B:


Note to staff:


Note to staff:

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09-99A-06 Revision of Uniform Principal and Income Act MODEL

This Act revises the 1931 and 1962 versions of the Principal and Income Act by the Uniform Law Commissioners (ULC).

New rules address: 1. the application of the probate administration rules to revocable living trusts; 2. the allocation between principal and income of receipts from derivatives, options. and

asset-backed securities;3. disbursements made because of environmental laws;4. income tax obligations resulting from the ownership of S corporation stock and interests

in partnerships;5. the allocation of net income from partnership interests acquired by the trustee other than

from the decedent;6. adjusting principal and income to correct inequities caused by tax elections or

peculiarities in the way the fiduciary income tax rules apply;7. the allocation of net income from harvesting and selling timber between principal and

income, a question for which there are no specific rules in the prior acts; and8. a de minimis rule that permits the trustee to avoid making small adjustments that would

otherwise be required by the rigid application of the apportionment rules.Clarifications and changes to existing language include:1. charging depreciation against income is no longer mandatory and is left to the discretion

of the trustee;2. basing income from partnerships on actual distributions from the partnership, in the same

manner as corporate distributions;3. entitling an income beneficiary's estate to receive only net income actually received by a

trust before the beneficiary's death and nor items of accrued income;4. introducing an “unincorporated entity" concept to deal with businesses operated by a

trustee, including farming and livestock operations, and investment activities in rental real estate, natural resources, timber, and derivatives;

5. changing the percentage used to allocate amounts received from oil and gas - 90% of those receipts are allocated to principal and the balance to income;

6. replacing the 1962 provisions for “property subject to depletion" with a rule that allocates 90% of the amounts received to principal and tie balance income; and

7. eliminating the unproductive property rule for trusts other than marital deduction trusts.This update also provides guidance toward an investment regime based on the Uniform

Prudent Investor Act. Investing for total return instead of a certain level of income is one example.

Status: As of 10/23/97, no state has enacted this uniform law. ULC staff believe it will be introduced in several states during the upcoming 1998 legislative sessions.

Comment: A prefatory note by the ULC is attached to the bill.


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Note to staff:


Note to staff:

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09-99A-07 Powers of National Banks Authorized for State BanksIndianaHEA 1655

This Act enables state-chartered banks to obtain the same rights and privileges for doing business as those granted to federally chartered banks. The Act establishes procedures to get such rights.




Note to staff:


Note to staff:

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09-99A-08 National Securities Markets Improvement ActNew HampshireCH 296, Laws of 1997 (HB 611)

This Act amends state law to comply with the federal National Securities Market Improvement Act of 1996.




Note to staff:


Note to staff:

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09-99A-09 Title Insurers/Title Insurance AgentsNebraskaLB 53

LB 53 incorporates two acts which replace existing state title insurance statutes. They are based two models which have been adopted by the National Association of Insurance Commissioners (NAIC), the Title Insurers Act and the Title Insurance Agents Act.These two acts provide for effective regulation and supervision of title insurers and title insurance agents who are authorized to issue title insurance policies. Title insurance has received national attention because of the depressed real estate market of the late 1980s and early 1990s, increased insurer insolvency, and the rehabilitation of a large title insurer.

The Title Insurers Act establishes reserve and disclosure requirements to allow a more accurate determination of the financial condition of title insurers. Currently, Nebraska does not have a domestic title insurer. But this Act establishes needed solvency requirements and sufficient disclosure requirements in the event a title insurer seeks to become a domestic corporation in the state. The Title Insurance Agent Act provides a comprehensive body of law for the effective regulation of title insurance agents. Title insurance is unique from any other line of insurance and it is affected and driven by local laws and practices. The Act provides for the codification of established good business practices. The reporting requirements have been increased by mandating annual audits and increasing the surety bond or letter of credit requirements for agents who engage in escrow closings to $100,000. The law repeals the current controlled business sections and mandates compliance with the federal Real Estate Settlement Procedures Act which requires payment for core title services regardless of any business or financial relationship.




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10-99A-01 State Savings Incentive AccountWashingtonSub. SB 6045

This Act creates a savings incentive account for deposit of unexpended state agency funds at the end of each fiscal year. It authorizes agencies to use of the funds to improve service, but not for new programs.




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11-99A-01 Workers Compensation: Limited Liability CompaniesIdahoSB 1044, As Amended in the House

This Act amends state law that sanctions employers that do not comply with the state Worker’s Compensation Act. This law includes newly created limited liability companies and their managers in the same way as corporations and their officers or employees. Without this amendment, a manager of a limited liability company cannot be sued individually. Individual responsibility is germane to the enforcement of the state Worker's Compensation Act.State law traditionally allowed the state industrial commission to obtain an injunction from the district court against an uninsured employer in order to protect workers from the risk of injury with no compensation. This Act amends state law to resolve a problem the commission encountered with certain judges interpreting the previous statute in such a way that if an uninsured employer obtains worker's compensation insurance, the injunction automatically expires or is no longer applicable and cannot be used if the employer later drops the insurance or allows it to lapse. Instead, a new lawsuit must be filed and pursued. In addition to the expense to the commission of filing and pursuing an additional lawsuit, the enforcement process is extensively delayed, leaving workers subject to the risk of injury with no compensation.




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11-99A-02 Interstate Jobs Protection CompactIndianaSEA 467

This compact establishes an interstate commission to study and make recommendations to preserve existing jobs within the member states.




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12-99A-01 Military Base UtilitiesIndianaHE 1686

This Act enables municipal utilities to bypass traditional regulatory procedures in order toacquire and provide water, sewer and electricity services to military properties.



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13-99A-01 Senior Citizen Service DistrictsWyomingHB 0088 (Enrolled Act 41)

This Act enables counties to establish senior citizen service districts. Like other special districts, senior citizen service districts can:· hold property and enter contracts;· sue and be sued;· own property; and· make rules and regulations as necessary to operate the district.

Senior service districts are governed by a board of trustees.




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13-99A-02 Defined Contribution Plans (Statement)MichiganHB 6229 as enrolled (Public Act 487 of 1996)HB 6206 as enrolled (Public Act 486 of 1996)

Michigan, like many states, administers pension plans for state employees, elected officials and public school employees. Collective, these plans comprise the state retirement system. In Michigan, separate retirement Acts govern the pension system for each group. However, all the plans are primarily funded by state contributions on behalf of the members, and the state directs the investments of the plans’ assets. Historically, Michigan’s retirement system offered “defined benefit” (DB) plans to their members. Generally, defined contribution plans pay benefits to employees at retirement that are based on the employees’ salary and their years of state employment. These plans are essentially risk-free investments for the employee.In 1996 Michigan enacted a package of legislation to enable the state to offer “defined contribution” (DC) retirement plans within the state retirement system. Defined contributions plans are touted as giving employees more flexibility to determine the amount of their benefits and when their can get such benefits. Investments in these plans are considered riskier than those in DB plans. Michigan staff believe Michigan is the first state to do this.Generally, under the new laws, people who were employed prior to March 1997 can choose the defined benefit plan or the defined contribution plan. People who are employed after this date may only participate in the defined contribution plan. The highlighted Acts in this SSL “Statement,” HB 6229 and HB 6206 affect state employees, legislators and the lieutenant governor. Interested readers can contact Michigan to get information about the other measures that were part of the legislative package. They are HB 6207 (amends the state Administrative Procedures Act), HB 6230 (Public School Employees Retirement Act) and SB 248 (State Judges Retirement Act)].

HB 6229House Bill 6229 amends the State Employees’ Retirement Act (MCL 38.le et al.) to establish a defined contribution retirement plan for executive branch employees. The DC plan is mandatory for employees hired on or after March 1, 1997. It is optional for employees hired prior to this date. Employees who opt into the DC plan generally waive all their rights under their old DB plan. The state treasurer administers the plan. The treasurer can appoint an advisory board and contract for services to help administer the plan. Historically, as the employer, the state made all or most of the contributions to its employee retirement plans. Under this Act, the state contributes a base amount to an employee’s account. This equals four percent of the employee’s compensation. Employees can also elect to contribute up to three percent more of their compensation to the plan. The state will also match that amount. Employees can make additional contributions beyond three percent but the state does not have to match such contributions. Employees have several investment choices or categories but there are limits on the amounts that they can invest in a given category.Previously, vesting in the DB system generally required at least 10 years of service. Under this Act, employees in the DC plan are immediately 100 percent vested in their own contributions made to the DC plan account. For state contributions made to the account on their behalf, employees are vested 50 percent upon completing two years of service, 75 percent after three

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years of service, and 100 percent after four years of service. The DC plan covers 100 percent of the cost of hospitalization and medical coverage insurance premiums for retired vested members or their beneficiaries or dependents, and 90 percent of the cost of their dental and vision coverage. The plan pays 90 percent of the annual health insurance premium for members who have at least 30 years of service, and 30 percent for members with 10 years service. Health care benefits under the Act are paid on an annual cash basis. The Act requires the state department of management and budget to annually calculate the savings that accrue to the state as a result of DC plan, and to submit that amount in the executive budget to the legislature. Such funds are supposed to be appropriated in the next succeeding fiscal year to the health insurance reserve fund. Amounts appropriated under this provision can not be spent until the actuarial accrued liability for health benefits was 100 percent funded.

Finally, the Act contains provisions to offer early retirement to state employees, transfer accumulated assets from DB accounts to DC accounts and to adjust retirement benefits for DC plan transferees.

HB 6206This Act amended the Michigan Legislative Retirement System Act (MCL 38.1006 et al.) to establish a defined contribution retirement plan for legislators and lieutenant governors who began serving on or after January 1, 1997. The DC plan is optional for elected officials who participated in the DB plan before this date. Under the DC plan, a member would be vested for purposes of receiving health insurance after six years of service as a qualified participant. Previously, legislators were vested in the retirement system after five years of service and election to the House of Representatives three times, election to the Senate twice, or an equivalent combination of service in the House and Senate.

Comment: This “Statement” is based on an analysis by Michigan House legislative staff. That staff analysis, a “Question & Answer” sheet and HB 6229, the State Employees Retirement Act are in the resource packet. HB 6229 is in the packet as an example of the legislation that is described in this “Statement.”Disposition of 13-99A-02:Scope: 99A( ) Refer to full Committee( ) Defer consideration until next SSL cycle( ) RejectNote to staff:


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· 13-99A-03 Model Ombudsman ActMODEL

This model Act establishes an independent state office to investigate and make recommendations to resolve complaints against state agencies by the public. This “Ombudsman” office is responsible to the legislature.

Comment: According to Hawaii’s Ombudsman office, this version updates prior model acts as well as statutes from Alaska, Arizona, Hawaii, Iowa and Nebraska. As of 10/4/97, it appears that no states have enacted this model law. However, Hawaii staff and the United States Ombudsman Association anticipate several states will introduce it in the upcoming 1998 legislative sessions.

A prefatory note by the United States Ombudsman Association is attached to the Act.



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14-99A-01 Omnibus DWI ActMinnesotaCH: 2, Laws of 1997This Act:

· increases criminal penalties and administrative sanctions for DWI violations involving blood alcohol concentrations of 0.20 percent or more, including the availability of a penalty assessment of up to $1,000 and the doubling of all license revocation and limited license waiting periods; · restructures the criminal penalties for repeat offenses; · revises mandatory minimum periods of incarceration and home detention for DUI offenders;· expands the general DWI law to include snowmobiles, all-terrain vehicles, and motorboats and repeals most of the separate DWI laws relating to these recreational vehicles;· creates a “zero-tolerance of alcohol” standard for school bus drivers; · provides an administrative process for vehicle forfeiture and permits it to be based on license revocation;· enhances criminal penalties for impaired driving and child endangerment violations involving commercial motor vehicles;· authorizes the use of preliminary breath test results for prosecuting certain driving offenses; and· creates a $25 fee for re-registration of a motor vehicle following the period of license plate impoundment and a temporary $5 increase in the fee for reissuance of a driver’s license following its revocation for a non-DWI offense.

Status: enacted into law, 1997.Comment: A legislative staff summary of this Act is in the resource packet.



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14-99A-02 Teenage and Adult Driver Responsibility Act (Statement)GeorgiaHB 681

This Act establishes graduated driver’s licenses for teenagers who are 15 to 18 years old. Under this Act, 15 year olds can get instructional permits if they pass a written examination. Sixteen year olds can get a Class D license if they pass a driving test. Class D license holders cannot drive between 1:00 a.m. and 5:00 a.m. unless they are going to or from work, school, church, or have an emergency. They may not drive with more than three other people in the car who are under 21 and who are not family members.

Generally, teens can get their regular driver’s license when they turn 18 years old. However, drivers can only get the next higher level of license if they have gone 12 consecutive months without being convicted of driving under the influence (DUI), eluding a police officer, drag racing, reckless driving, hit and run, or any moving violation that assesses four or more points on their current driver’s license.

Drivers who are younger than 21 and are convicted of hit and run, leaving the scene of an accident, racing, eluding or attempting to elude a police officer; reckless driving or DUI will get their licenses revoked. The revocation lasts six months for the first offense and 12 months for a second offense.

The Act sets zero tolerance as the standard for DUI convictions when applied to drivers whoare 15 to 21 years old. This means a blood-alcohol content (BAC) of .02% or greater is considered DUI for any driver under age 21. Drivers in this category who are convicted of DUI for having a blood alcohol test of .02% to .07% will have their licenses suspended for six months upon their first offense. They must attend a DUI school, re-take the driver’s test, and may not have their license re-instated before the end of the six month revocation period. They must also perform at least 20 hours of community service. This must be served within 60 days of sentencing. Such people also forfeit the right to get their next level license for 12 months.

First time offenders who are under 21 and are convicted of DUI with a BAC of 08% or morereceive the same penalties as the first offenders listed above, but must also serve a mandatory 24-hour jail term in either a juvenile or county jail.

Drivers who are under 21 and are convicted of a second DUI offense with a BAC of .02% orgreater will have their license revoked for 12 months. They must also attend DUI school, re-take the driver’s test and may not have their license re-instated before their 12 month revocation time expires. They must perform at least 40 hours of community service and forfeit the option to get the next level license for 12 months.

Second time DUI offenders who are under 21 and have a 08% or greater BAC will generallyget the same penalties as first-time offenders who have BACs of .08% or greater, except judges appear to have a few more options when sentencing second time offenders.

Generally, the law prohibits people under 18 years old from getting a driver’s permit or driver’s license unless they are attending school (includes private and home schools), have graduated from high school, have a GED, or are attending college. The Act stipulates that students under 18 will get their driver’s license suspended if they miss more than 10 days of class or have not formally notified the school that they are dropping out.

The Act stipulates that the students will get their licenses suspended for 90 days ifthe students threaten or harm school personnel, sell or use drugs on school grounds, or sell or use weapons on school grounds.

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The Act also stipulates that:· state law will treat nolo contendere pleas for DUI charges as a conviction for all purposes for both adults and teenagers;· people who get a second DUI conviction must undergo a clinical evaluation, and may have to complete a substance abuse treatment program at their own expense;· people over 21 who are convicted of DUI may be ordered by a judge to serve 12 months in prison;· such people will also be subject to a $1,000 fine for their first offense; and· courts can require DUI offenders to have an ignition interlock device attached to the offender’s vehicle.

Finally, the Act establishes procedures to impound the vehicles of people who are convicted of DUI and are deemed habitual DUI offenders.


Comment: A summary of this Act from the governor’s office is attached to the Act.



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14-99A-03 Graduated Driver’s LicenseMichigan1996 PA 387

This Act establishes a graduated driver licensing system for people under 17 years old. The Act also amends previous law to permit, rather than require, school districts to conduct driver education courses. It allows school districts to impose a fee for the course.




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15-99A-01A Slamming and LoadingMinnesotaCH 68 Laws of 1997, 1997 (H.F. 1123)

This Act designates the practice of “slamming” telephone customers as consumer fraud. It also prohibits telephone companies from “loading” services on customers. Slamming means changing customers’ subscriber service providers without the customers’ permission. Loading means adding and billing telephone services to customers without the customers’ permission.


Comment: A legislative staff summary of this Act is attached to the Act.

15-99A-01B SlammingNew YorkS 05631 -- A

This Act prohibits changing the telephone services of consumers without their permission,a practice is which is known as “slamming.”

The governor’s office says this law authorizes the state public service commission to impose a

fine of up to $1,000 per slamming offense. Slamming violations would include failure to comply with federal law and rules applicable to intrastate telephone service or with state law and rules. Further penalties, subject to judicial discretion, of up to $100,000 per offense, with each day of a continuing violation deemed a separate offense, could also be levied.


Comment: A press release about S 06531 and S 04299 is attached to S 05631.

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15-99A-02 Prize Boxes and Long Distance Telephone ServicesNew YorkS 4299 - A

This Act prohibits boxes or containers that are used to collect sweepstake or contest entries tobe simultaneously used to collect letters or other documents from consumers that authorize changing their primary long distance telephone carrier. The Act is designed to protect consumers from being tricked into submitting sweepstakes or contest entries that are also used to change their primary long-distance telephone carrier.




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15-99A-03 TelecommunicationsIllinoisSenate Floor Amendment 2 to SB 700

This Act amends the Telecommunications Article of the state Public Utilities Act to establish a mechanism for protecting consumers and encouraging competition in the provision of telecommunications services. It grants the state commerce commission (ICC) the authority to enforce interconnection agreements negotiated and arbitrated pursuant to the section 252 of the federal Telecommunications Act of 1996.Key terms include a list of prohibited actions considered per se’ impediments to competition, an expedited enforcement process; increased penalty levels, and removal of antitrust exemptionsThe Act defines "Telecommunications service" to include access and interconnection arrangements and services.It removes the requirement that, prior to approving an application for a Certificate ofExchange Service Authority, the state commerce commission must find that the exercise of the applicant's authority under the Certificate would not adversely affect prices, network design, or the financial viability of the incumbent local telecommunications service provider.The law establishes that the burden of proof as to the proper classification of any service rests with the telecommunications carrier providing the service. It creates certainty/protection for a telecommunications carrier who files a tariff listing a telecommunications service as competitive. It provides that no refunds shall accrue if an investigation or hearing regarding the propriety of a competitive classification is initiated within 180 days after a tariff is filed. If a hearing or investigation is held after 180 days from filing of the tariff, the period subject to a refund begins on the date the commission begins the investigation or that a complaint is filed.The Act provides that a proposed increase or decrease in rates or charges for a competitivetelecommunications service shall be permitted upon the filing of the proposed rate, charge, classification or tariff.It authorizes bundling of competitive and noncompetitive telecommunications servicesprovided that the price for a bundle of services shall not be less than the aggregate ofthe unbundled prices of the services offered in the bundle.It authorizes tariffs for competitive telecommunications services that describe a band,range, formula or standard within which a change in rates or charges can be madewithout prior notice or prior commission approval. The provides for filing of a variable tariff.The Act permits filing model contracts with the commission for the provision of competitivetelecommunications service.It grants the state commerce commission with general rule-making authority to make rules necessary to enforce the Telecommunications Article. The ICC must review all rules issued under the Telecommunications Article that apply to the operations or activities of anytelecommunications carrier. The law says that this review must take place no later than 270days after the effective date of the Act and every two years thereafter. The ICC shall, after notice and hearing, repeal or modify any rule it determines to be no longer necessary in the public interest as the result of competition between providers of telecommunications services.The Act provides for a waiver of the application of a rule issued by the ICC pursuant to thePublic Utilities Act, but not the application of a provision of the Public Utilities Act. Atelecommunications carrier may petition the ICC for such a waiver. The petitioner willbear the burden of proof in establishing the right to a waiver. A petition for a waiver

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shall include a demonstration that the waiver would not harm consumers and would notimpede the development or operation of a competitive market. The ICC may conductan investigation of the petition for a waiver. If no investigation is conducted, the waivershall be deemed granted 30 days after it is filed.The law prohibits a telecommunications carrier from knowingly impeding the development ofcompetition in any telecommunications service market. It specifies certain actions thatare considered to be an impediment to the development of competition, includingviolation of interconnection agreements in a manner that unreasonably delays orimpedes the availability of telecommunications services to consumers. The Act provides forcommission enforcement of violations. Civil penalties will be assessed for violation of acommission order issued pursuant to an enforcement action. The penalties will be upto $30,000 per violation, The commission can issue emergency relief (modeled afteran injunction or TRO). The enforcement provisions will not apply to interconnectionagreements with Ameritech until Ameritech gets authorization from the FederalCommunications Commission to offer long distance service. Nor do the enforcementprovisions apply to telecommunications carriers with fewer than 35,000 subscriber access lines.The law extends the sunset date for the Telecommunications Article from July 1, 1999 to July 1, 2001. It amends the state Antitrust Act to remove the exemption for competitive telecommunications services.


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15-99A-04 Telecommunications InfrastructureSouth DakotaHB 1227 (enrolled version)

This Act enables the creation of a statewide public telecommunications network that will be accessible to all residents. This includes a narrowband network, wideband network and a broadband network. Collectively, they will support ubiquitous, feature rich, standard, secure, private, survivable, robust, addressable switched, symmetric, affordable and available systems. This will also enable any-to-any voice, data, videoconferencing, graphics, imaging and multimedia communications.The law provides for creating classes of network service to establish a service-based and value-base pricing model.



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16-99A-01 Campaign FinanceIdahoSB 1228 (Session Law 393)

This Act limits campaign contributions to candidates for statewide, legislative, judicial district, county and city office. Contributions to candidates for statewide office can not exceed $5,000 for each election. Contributions to candidates for legislative, judicial district, county and city office cannot exceed $1,000 for each election.The state central committee of qualified political parties can contribute $10,000 to statewide candidates, and $2,000 to other candidates for each election.The Act defines independent expenditures and clarifies the reporting requirements of such.Under the Act, contributions shall not be obtained for a political committee by use of coercion or physical force, or by making a contribution a condition of employment or membership. The law also disallows converting campaign funds to personal use by the candidate.



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*17-98C-03 Perpetrator’s Assumption of Risk (Note)

At least two states limit people from recovering civil damages for injuries they sustain when committing crimes; Mississippi and North Dakota.

Mississippi CH 471, Laws of 1997 (HB 100) says perpetrators assume the risk of loss, injury or death resulting from or arising out of a course of criminal tresspass, engaged in by the perpetrator or an accomplice. The law says crime victims are immune from and not liable for any civil damages as a result of acts or omissions of the victim.

North Dakota SB 2221 (enacted into law, 1997) states that a perpetrator assumes the risk of loss, injury, or death resulting from or arising out of a course of criminal conduct involving a crime, engaged in by the perpetrator or an accomplice. The law says crime victims are immune from and not liable for any damages as a result or acts or omissions of the victim.

Comment: ** The committee directed staff to defer a North Dakota law on the July 97 scope & agenda docket to the 99 cycle and replace it with a “Note” on the topic. See - (98C-i) - Develop a “Note” on this topic for the next cycle. Put the Note on the docket. Check legislation in Hawaii and New York.

The Mississippi and North Dakota laws are in the resource packet. CSG staff did not find similar bills or laws in Hawaii, New York or other states.


Scope: 98C( ) Refer to full Committee( ) Defer consideration until next SSL cycle( ) Reject

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17-99A-01 Hard Labor Requirements for PrisonersWyomingHB 0248 (Enrolled Act 109)

This Act requires male and female inmates at state penal institutions to perform hard labor which is suited to their age, gender, physical and mental condition. It defines hard labor and directs the state department of corrections to adopt rules to implement the Act.

Status: enacted into law as CH 0202, 1997.



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17-99A-02 Paying the Cost of IncarcerationLouisianaHB 7 (ACT 1378, signed by governor, 7/10/97)

This Act enables courts to factor the estimated cost of imprisonment into the fines of people who are convicted of felonies and likely to be jailed. The fines are contingent on the defendant’s ability to pay and projected sources of income while they are in prison. The Act enables the state corrections department to determine the amount due.

Status: enacted into law, 1997



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17-99A-03 Closed Circuit Video TeleconferencingTexasSB 121 (enrolled version)

This Act allow courts to accept pleas or waivers from defendants via closed circuit video teleconferencing.




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17-99A-04 Forfeiture for Contacting VictimsTexasSB 51 (enrolled version)

This Act requires the state corrections to develop policies and procedures to stop inmates from contacting their crime victims when the victims are under 17 years old. Inmates who violate such policies forfeit all or part of any accrued good conduct time that would shorten their stay in jail.




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17-99A-05 Expungement of Arrest RecordsGeorgiaHB 183

This Act establishes criteria to enable people to get records of their arrest expunged.Generally, the Act makes this permissible when people are arrested but their offense is not referred to a prosecuting attorney or when prosecuting attorneys dismiss charges without seeking indictment.


Comment: The 1983 SSL contains the Expungement of Criminal Records Act. That legislation enables people who are arrested for misdemeanors to have their records expunged if they agree to forfeit their bail and pay a $50 fee.



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17-99A-06 Harassing or Threatening via ComputersArkansasAct 1153 of 1997

This Act makes it unlawful to use computers to engage in harassing or threatening communications.




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17-99A-07 Inmate Copayments for Health CareTexasSB 203 (enrolled version)

This Act sets conditions to require inmates in state prisons to make a three dollar copayment to the state department of corrections when the inmates initiate a visit to a health care provider.


Comment: The September 15, 1997 Governor’s Bulletin reports that South Dakota charges inmates a two dollar copayment when they seek medical treatment from a nurse, dentist or eye doctor. The newsletter says South Dakota initiated the policy after incurring 25,000 inmate sick calls last year, which is equivalent to each inmate making a sick call each month. Apparently, South Dakota implemented this policy administratively.



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17-99A-08 Conditional Release of Sex OffendersFloridaCH 97-308

This Act: · revises treatment protocols for sex offenders; · prohibits sex offenders from possessing telephone, electronic media, or computer programs or services that are relevant to their behavior pattern; · requires sex offenders to submit to certain warrant-less searches; · requires sex offenders to undergo polygraph examinations under certain conditions; · requires sex offenders to maintain driving logs and not drive a motor vehicle alone without approval from law enforcement authorities; · prohibits sex offenders from obtaining or using a post office box without approval from law enforcement authorities;· clarifies the definitions of “sex offender probation” and “sex offender community control;” · imposes a curfew on sex offenders; · establishes HIV testing criteria for sex offenders; and · requires sex offenders to submit to electronic monitoring.

Status: enacted into law, 1997.Comment: The 1991 Suggested State Legislation contains a Sex Offender Act which is based on innesota law. That Act includes comments about sex offender legislation in Missouri, Vermont and Washington state. The Act and comments generally address sentencing sex offenders and psychotherapy for sex offenders. A copy of the 1991 draft is in the resource packet.

The Florida law on this docket addresses restricting the activity of sex offenders when theyare out of prison.



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18-99A-01 Medicaid FraudGeorgiaHB 377

This Act provides that property and proceeds obtained as a result of Medicaid fraud are subject to forfeiture to the state. It establishes procedures for initiating forfeiture actions by the state. These include:

· notice;· filing time limits;· seizing and disposing property; and· the duties of law enforcement officers under the Act.




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19-99A-01 Sovereign MarriageLouisianaHB 756 (Act 1380, 1997)

The July 1997 State Government News says this Act creates a “new kind of marriage” called a “covenant marriage.” Under this law, a man and a woman may contract a covenant marriage by declaring their intent on their application for a marriage license and executing a declaration of intent to contract a covenant marriage. The Act requires couples to undergo premarital counseling and sign an affidavit that they understand the seriousness of marriage. Married couples can also designate their marriage as a covenant under the Act. A main difference between regular and covenant marriage is the elimination of “no-fault” divorce. For those in covenant marriage, legal means of divorce include adultery, physical or sexual abuse, and when one spouse is convicted of a felony and sentenced to death or imprisonment at hard labor.


Comment: A brief note about this Act from State Government News is attached to the Act.



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19-99A-02 Interethnic AdoptionArkansasAct 216 (HB 1405)

The Act removes barriers to interethnic adoptions and establishes a preference in state law to place children who are up for adoption with their relatives.


Comment: this law was enacted in part to comply with federal law.



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19-99A-03 Abandoned ChildrenAlabamaS 112

This Act enables the state human services agency to more quickly and easily terminate theparental rights of people who abandon their children. Doing this should reduce the amount of time that children spend in foster care while the state attempts to locate and proceed against their parents.

The Act sets guidelines for locating parents of abandoned children, service of process against their parents and when a rebuttable presumption of abandonment exists.




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20-99A-01 Postsecondary Enrollment Options for High School Juniors and Idaho SeniorsHB 319 CH 283, 1997

This Act enables high school juniors and seniors to enroll in and receive credit for college courses while they are in high school.




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20-99A-02 Standard Electronic Admission ApplicationsTexasSB 150 (enrolled version)

This Act directs the state higher education board to develop and adopt a standard admission application form for colleges and universities in the state. The application form must be available in print and electronic formats.



Comment: The statutory definition of the state colleges and universities that are affected by this Act and docket item 20-99A-03 (Athletic Scholarships: Requirements) is attached to this Act.


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20-99A-03 Athletic Scholarships: RequirementsTexasSB 1419 (enrolled version)

This Act prohibits colleges and universities in the state from admitting freshman or transfer students on athletic scholarships unless those students meet the same grade point criteria that are applied to the general student population.




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20-99A-04 TextbooksIndianaSEA 271

This Act requires school boards to offer out-dated textbooks to parents at no charge when those textbooks are pulled from the curriculum.




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20-99A-05 Student Religious LibertyTennesseeCH 422, Laws of 1997

This Act establishes religious and free speech rights of students. It provides that students can voluntarily pray, express religious viewpoints, and possess and distribute religious literature as long as such practices do not disrupt the schools or become harassing.


Comment: A state attorney general’s opinion, a letter from the Act’s sponsor and an editorial about the Act are attached to the Act.



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*21-98A-07 Confidentiality of Records of Genetic TestsNew York CH 497, Laws of 1996 (S 4293 - D)

The purpose of this Act is to protect the confidentiality of records of genetic tests and requires the informed consent of the subjects of such tests with specified exceptions in the forensic context.

The Act amends the state civil rights law and prohibits genetic tests on a biological sample taken from an individual without that person's written informed consent.

The Act deems individuals to have an exclusive property right in the records of such tests of their genetic material, particularly against unauthorized release. Exceptions to the informed consent requirement are provided in certain criminal law and forensic contexts.

Penalties are imposed for testing without valid consent or revealing, listing or possessing confidential genetic information without authorization. Negligent disclosures or testing without informed consent are classified as violations with the penalty of a civil fine of not more than $1,000 dollars. Willful disclosing or testing without informed consent are classified as misdemeanors with a penalty or a fine of not more than $5,000 dollars or imprisonment for up to 90 days.

The state health commissioner is empowered to identify genetic diseases for which such strongly predictive tests are available. for these diseases, genetic counseling is a precondition of informed consent.

A Minnesota law on genetic discrimination is in the 1997 SSL volume. That law, and two prior SSL docket items, 21-97C-07A (California) and 21-97C-07B (New York) deal primarily with how genetic tests affect insurance eligibility. Previous SSL entitled Genetic Screening Prohibition Act (Statement) 1995, and Genetic Screening in the Workplace (Note), deal mainly with employers using genetic information to screen potential employees or withhold benefits from employees. These latter items reference state legislation but are not draft legislation. This New York Act focuses on what happens to records of people who take genetic tests, regardless of the reasons why they are tested.


Comment: A legislative staff summary is attached to the Act.

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Note to staff:(98A-dd) Add the “Comment in the 98A docket book to the abstract.(98D-r) Get updated New York law and check to see if Illinois has a similar law. Put both on a future scope & agenda subcommittee docket.


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21-99A-01 Genetic Testing for ResearchNew YorkS 03286 – B

This Act amends CH 497 of the New York law that is docket item 21-99A-07. This law addsprovisions to CH 497 that enable people to sign waivers to permit samples of their genetic tests to be used for research. It establishes provisions for performing genetic testing on newborns and also on people without their consent when the tests are used for research. The law sets protocols for storing and destroying genetic samples.

Status: enacted into law as Chapter 645, 1997.

Comment: This item was added to the docket per notation (98D-r).



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21-99A-02 Genetic Information PrivacyIllinoisPA 90-24 (HB 8)

This Act declares genetic testing and information derived from genetic testing as confidentialand privileged information. It says that such information may be released only to people who are tested or to people who are specifically authorized in writing by law to receive the information.

The Act prohibits insurers from seeking information that is derived from genetic testing foruse in conjunction with health or accident insurance policies. However, companies can use information from genetic testing if the people who have been tested voluntarily provide the companies with such information.

The law also sets guidelines for disclosing genetic test results and for rights of action bypeople whose results are inappropriately disclosed.




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21-99A-03 Experimental Medical Care Disclosure MarylandSB 163 (CH 332, Laws of 1997)

This Act requires health insurance companies to develop a systematic, scientific process to track emerging medical and surgical treatments. This is to ensure that policy holders have access to the latest treatments. The Act defines elements that must be included in the process (e.g., a review of medical literature) and requires companies to make a description of their process available to policy holders.




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21-99A-04 HMOs - Negotiated Rates - Coinsurance PaymentsMarylandHB 1057 (CH 0712, Laws of 1997)

This Act stipulates how health maintenance organizations negotiate rates and coinsurance charges to health providers in their plan.




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21-99A-05 Statewide Trauma SystemNebraskaLB 626

This Act creates a statewide trauma system. This involves a Trauma Advisory Board to implement the system, categorizing hospitals and medical facilities in the state according to their trauma response capabilities, and establishing a trauma registry.


Comment: Statements from the committee chair and the committee that considered this Act are attached to the Act.



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21-99A-06 Limited-Service Rural HospitalsNebraskaLB 837

This Act establishes limited-service rural hospitals. Limited-service rural hospitals:· are facilities which provide 24 hour emergency services;· provide inpatient care for a period not exceeding 96 hours;· are located within 20 miles of another, full service hospital; and· are limited to 15 acute care beds.


Comment: This Act differs from legislation in the 1998 SSL which is based on Utah HB 216. That Act mandates that if a patient lives in a community with less than 100 people per square mile and has to travel more than 30 miles to see a doctor covered under their HMO plan, they can opt to visit a local, non-HMO doctor or hospital instead.



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21-99A-07A Hospital ConversionsArizonaCH 73, laws of 1997 (H Ver of SB 1288)

This Act requires nonprofit health organizations to notify the state in writing 90 days in advance if the organizations intend to sell their facilities. The written notification shall include specific information enumerated in the Act, including a general summary of the intended transaction, a general description of the assets involved and their intended use and the anticipated date of completion. The written notification is a public record.Within 30 days after the written notification is sent, the parties to the transaction shall select a person to conduct a public hearing and set a time and place for the public hearing. Within the same 30 days the interested parties shall also publish a notice of the hearing at least three consecutive times in at least one newspaper of general circulation in the county where the nonprofit health care entity has its principle place of business. The public hearing shall be held within 10 days after the last publication. At the public hearing, the involved parties shall provide a written summary with the information enumerated in the Act regarding the impact of the intended transaction. A final report of the public hearing proceedings shall be prepared by the hearing officer and sent to the state corporation commission, the state department of health services, and the state attorney general.


Comment: A legislative “Fact Sheet” about this Act is attached to the Act.

21-99A-07B Hospital ConversionsNebraskaLB 1188

This Act provides that no person shall engage in the acquisition of a hospital owned by a nonprofit corporation without first having applied for and received the approval of the state department of health and the attorney general. It defines acquisition as a transaction which results in 20 percent or more ownership or control, or a cumulative 50 percent of ownership or control or a hospital. Acquisition does not include the acquisition of an ownership or controlling interest is a hospital owned by a nonprofit corporation if the transferee meets certain requirements.

The Act sets criteria for notifying the appropriate state agencies, reviewing applications, approving or rejecting applications, and deadlines.


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Comment: According to industry representatives and CSG’s health policy analyst, state hospital conversion laws differ in the degree of oversight they exercise over the sales of non-profit hospitals. The applicability of these laws to any hospital sale, as opposed to transactions involving just for-profit hospitals buying non-profits, is one issue. Attorney General approval of hospital sales is another.The Arizona and Nebraska laws on this docket represent both sides. A legislative “Statement of Intent” is attached to the Nebraska Act. A CSG State Trends article on hospital conversions and an industry summery of state hospital conversion legislation is in the resource packet.

Disposition of 21-99A-07A:Scope: 99A( ) Refer to full Committee( ) Defer consideration until next SSL cycle( ) Reject

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Disposition of 21-99A-07B:Scope: 99A( ) Refer to full Committee( ) Defer consideration until next SSL cycle( ) Reject

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· 21-99A-08 Medically Underserved AreasArizonaCH 157 (HB 2087)

This Act establishes a loan program for doctors who locate or intend to locate their practices in medically under-served areas of the state. Participants must agree to provide medical care on a sliding scale fee to people who don’t have medical insurance and whose family incomes are 200 percent below the federal poverty line.


Comment: This Act differs from Utah HB 216 which is included in the 1998 SSL. That Act mandates that if a patient lives in a community with less than 100 people per square mile and has to travel more than 30 miles to see a doctor covered under their HMO plan, they can opt to visit a local, non-HMO doctor or hospital instead.



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21-99A-09 Portability, Availability and Renewability of Health CoverageNew HampshireCH 344, Laws of 1997 (SB 130)

This Act requires insurance companies to use a community rating system to determine health insurance premiums for people in the individual insurance market and for employees of small companies.

The Act restricts premium increases to 25 percent or less per year, addresses guaranteed issue, and prohibits high risk pools. It also requires advance notice to the state insurance commissioner when insurance companies choose to discontinue health coverage in the individual, small employer or large employer market.




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21-99A-10 Tuberculosis Control CompactRhode IslandCH 46-97 (HB 6122A)

This Act adopts the New England Compact on Involuntary Detention for Tuberculosis Control. The compact directs member states to develop and implement comparable procedures to detain and treat people who have TB but have refused treatment.

The compact also encourages member states to share information, personnel andequipment to help control the spread of TB.


Comment: The 1997 SSL contains draft legislation concerning specific state TB control measures. The TB compact on this docket is aimed at a multistate effort.



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21-99A-11 Breast Cancer Patient ProtectionRhode IslandCH 25-97

This Act requires hospital or medical services plan issued or renewed after September 1997 tocover a minimum 48 hour time period in a hospital after a mastectomy, and a minimum of 24 hours after a axilary node dissection.




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*24-98A-03 Livestock ManagementIllinoisHB 3251 (enrolled version)

This Act responds to a trend in the livestock industry to concentrate increasing numbers of animals at livestock facilities, which in turn generates concerns or complaints about odors from the facility and groundwater contamination. This Act sets requirements for registering, certifying, building, modifying, closing and inspecting earthen livestock waste lagoons.

The Act requires owners/operators of livestock management facilities of a certain size to file a livestock waste management plan with the state department of agriculture. Applying livestock waste to the land is acceptable practice in the state. Thus, these plans shall include:

· estimates of the volume of waste to be disposed of annually;· the number of acres available for disposing livestock waste;· estimates of the nutrient value of the waste; and,· provisions governing where and how the waste is applied.The Act establishes a Certified Livestock Manager program and sets requirements where

livestock waste handling facilities must be supervised by a certified livestock manager. It also establishes setbacks for livestock management facilities and livestock waste handling facilities.

The Act directs the state agriculture department to fund environmental research projects pertinent to livestock management facilities.


Status: enacted, 1996.


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*24-98B-01 Agricultural WasteNorth CarolinaCH 626, SB 1217 (1995 session)

This Act requires farms with a certain number of livestock to have state-certified animal waste management systems. These systems include a combination of structures and procedures to collect, store or apply animal waste. The systems are designed to prevent or limit animal waste run-off from farms into surrounding waterways and acquifers.

The Act establishes a program to regulate building and operating farm animal waste management systems. Owner/operators of farms which meet the state threshold must file animal waste management plans with the state and have their animal waste management systems inspected annually by a state inspector.

The Act requires operators of animal waste management systems to be certified to operate their systems. It directs several state agencies to develop a program to train and certify people to operate animal waste management systems.

Section 106 of the Act contains specific provisions governing the location of swine farms.

Status: enacted, 1996.

Disposition of 24-98B-01A:


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24-99A-01 Concentrated Animal Feeding OperationsOklahomaHB 1522

This Act addresses problems in the state that arose from growth in the concentrated animal feeding operations (CAFOs), particularly relating to odor and water quality.

HB1522 enacts new regulations on CAFOs. These include set-back or distance requirements from occupied residences, water wells, state parks or resorts and public water supplies. CAFOs that are licensed or have submitted a completed application to the state department of agriculture before September 1997 are exempt from some of the new requirements.

Other issues addressed in HB 1522 include:· mandatory licensing by the state department of agriculture of a licensed managed feeding operation which is an operation primarily using a liquid animal waste facility, where animals are primarily housed in a roof-covered structure and more than a specified number are confined;· pre-site approval for new facilities and monitoring of the construction of these facilities by the state department of agriculture;· written notification of property owners within one mile of proposed operations and public notice of such operations;· licensure prohibitions for “bad actors” or applicants with past environmental problems; · mandatory four-foot separations between the bottom of a retention structure used for the collection of runoff water and for the storage of animal waste, and the maximum ground water elevations; and· usage of a specific type of liner by any animal feeding operation using a liquid animal waste management system or documentation that there is no hydrologic connection between waters of the state and the retention structure.

Status: enacted into law, 1997.Comment: An executive agency summary about the Act is attached to the Act.Disposition of 21-99A-01:


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24-99A-02 Prohibiting Concentrated Swine Feeding OperationsSouth DakotaHB 1158 (enrolled version)

This Act sets criteria to enable the state agriculture secretary to reject applications to establish concentrated swine feeding operations.




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24-99A-03A FertilizerFloridaCH 97-6

This Act addresses the sale and content of commercially sold fertilizer. The Act:· adds compost, manure and pelletized fertilizer” to be regulated by the state if they are sold as commercial fertilizers;· defines “soil amendment,” “soil conditioner,” “soil additive,” and “unmanipulated animal and vegetable manure;”· authorizes the state department of agriculture and consumer services to test fertilizers and collect fees for costs; · provides for penalties and compensation for certain plant nutrient deficiencies; · revises the method of determining commercial value of fertilizer; · provides for the appointment of members and alternate members of the a state fertilizer technical council; · revises performance levels for licensees; and · provides standards for the distribution of certain fertilizers.


Comment: This law and Georgia HB 49 address the content and sales of fertilizer. Both appear to assign minimum nutrient requirements for commercial fertilizers. Both appear to assign penalties for selling fertilizers that are advertised or labeled as meeting these minimum nutrient requirements but actually do not meet the minimums.

24-99A-03B FertilizerGeorgiaHB 49

This Act provides for licensing and regulating the content, production, sales and use of commercial fertilizers in the state.


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25-99A-01A Deceptive Commercial SolicitationIndianaSEA 12

This Act prohibits fraudulently invoicing people for goods or services that they have not ordered or used.


25-99A-01B Simulated InvoicesOregonHB 2298

This Act prohibits fraudulently invoicing people for goods or services that they have not ordered or used.


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25-99A-02 Price Gouging During Emergencies and Natural DisastersArkansasAct 376 of 1997 (SB 465)

This Act amends state law to protect consumers from price gouging and unfair pricing practices during and after state or local emergencies and natural disasters.




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