The Council of State Governments
Committee on Suggested State Legislation
Subcommittee on Scope & Agenda
Meeting Minutes
Docket 22B
April 6, 2001
Santa Fe, New Mexico

Presiding:
Senator Pam Redfield, Nebraska, Co-Chair
Representative Joe Toomy, Louisiana, Co-Chair
Mr. Virgil Puskarich, Pennsylvania, Vice-Chair

COMMITTEE IN ATTENDANCE
Jerry Bassett, Alabama, Legislative Reference Service
Representative Keith Herman, New Hampshire

Lamar Holland, Georgia, National Association of State Facilities Administrators
Joyce Honaker, Kentucky, Legislative Reference Commission
Senator Bob Martin, New Jersey
Senator Rhine McClin, Ohio
Representative Bobby Moak, Mississippi
Margaret Moore Dean, Delaware, Assistant to the Speaker
Representative Steve Richardson, Iowa
Representative Chris Ross, Pennsylvania
Senator Rob Smith, Mississippi
Philip Sachtleben, Indiana Legislative Service Agency
Representative Nick Salazar, New Mexico
Representative Donna Stone, Delaware

GUESTS
Stan Aronoff, Aronoff & Associates
Nancy Baker, Consumer Healthcare Products Association
Representative Gail Beam, New Mexico
Michael Behm, Stateside Associates
Elizabeth Blowers, Merck and Co., Inc.

John Boltz, John J. Boltz Consulting
Bill Bowers, Astra Zeneca
Mary Anne Bradfield, NRA
John Bridges, El Paso Energy
Senator David Cain, Texas
John Chiaramonte, Olin Corp.
Dave Critchlow, HCA
Bob Crittenden, American Academy of Family Physicians
Pete Dobrozsi, Mead Corp.
Fay Fulton, American Academy of Family
Physicians
Meg Galajda, General Electric
Kristin Iserman, Wyeth-Ayerst Labs
Carl Johnson, Pfizer Inc.
Melissa Kelly, American Forest & Paper Association

Rob Kincaid, Merck
David Kosar, HDMA
David McCloud, The Advocacy Group
Janice McDaniel, Philip Morris Companies
Representative John Miro, Delaware
Mark Mlynarczyk, Hoffmann LaRoche

Representative Al Park, New Mexico
Kristin Power, Grocery Manufacturers of America
Pete Poynter, BellSouth Corp.
John Rabenold, Community Financial Services Association
Alison Reardon, SEIU-AFL-CIO
Representative Luann Ridgeway, Missouri
Jennifer Ryan, AAA
Ron Scheberle, Verizon
Gary Selvy, MBNA America
Archie Shew, Hoffmann LaRoche

Representative Thomas C. Slater, Rhode Island
Alan Smith, Nationwide Insurance
Paul Stranz, MBNA America
Dale Syndrowski, DISCUS

Elizabeth Vernette, AAA
Justin White, American Crop Protection Association
Anthony Wilson, Microsoft Corp.

STAFF
Audrey Curry, CSG Lexington
Don Hunter, CSG Lexington
Jacqueline Kocinski, CSG Midwest
Trudi Matthews, CSG Lexington
John Mountjoy, CSG Lexington
Bob Silvanik, CSG Lexington
Laura Tomaka, CSG Midwest
Bill Voit, CSG Lexington

COMMITTEE BUSINESS
The Suggested State Legislation Scope & Agenda Subcommittee met Friday, April 6, 2001 from 2:30 to 5:45 p.m. This was the second of four meetings in the 2002 SSL cycle. A quorum was present and noted.

The subcommittee discussed several business items prior to considering its legislative docket.

Keeping in line with CSG's new trends mission, the subcommittee notified the CSG Executive Committee that the subcommittee will introduce a resolution at the September CSG meeting in Alaska to change the name of the Suggested State Legislation program to the “Emerging State Legislation Program.” Pending executive committee approval, this change will become effective for the 2003 SSL cycle.

The subcommittee voted to expedite the SSL process for selecting which docket items will appear in future SSL volumes, but retain the current, general criteria that are used in making those selections. The subcommittee discussed and then tabled an idea to add a section to future SSL volumes that would summarize SSL docket items which the committee believes are timely or otherwise noteworthy, but do not merit including their legislative language.

The subcommittee considered 92 bills on its legislative docket. It deferred 29 bills to the next scope & agenda subcommittee meeting. It referred 13 for consideration by the full SSL committee, and it rejected the remaining 50 items. The status of all docket items is listed below.

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, (22A-a) represents the first meeting (A) of the 2002 cycle and the first notation on that docket (a). Notations from the second meeting (B) of the 2002 cycle will be listed on the next docket as (22B-a), etc. * Indicates the item was deferred from the previous SSL cycle.

The next SSL meeting(s) are tentatively scheduled for September 2001 in conjunction with CSG's meeting in Alaska.

ITEM NO. TITLE OF ITEM UNDER CONSIDERATION - SOURCE - ACTION

(01) CONSERVATION AND THE ENVIRONMENT
01-22A-04 Discharging Ballast Waste Water  WA - refer
(22A-a) See whether there have been Constitutional challenges to this law and whether other states have similar laws.
01-22B-01A Ballast Water Management for Control of  Nonindigenous Species CA - reject
01-22B-01B Destroying Alien Aquatic Organisms Through  HI - reject
Regulating Ballast Water Discharges
01-22B-01C Ballast Water Management: Reporting and Prohibition  MD - reject
01-22B-02 Large Passenger Vessels: Water Quality  CA - reject
01-22B-03 Tree Buffer Strips  IL - reject

(02) HAZARDOUS MATERIALS/WASTE

(03) ENERGY

(04) SCIENCE & TECHNOLOGY
04-22B-01 State Agency Technology Account AZ - reject

(05) PUBLIC, OCCUPATIONAL AND CONSUMER HEALTH AND SAFETY
05-22A-02 Cellular 911 Calls CA - defer
(22A-b) See whether other states have similar laws.
(22B-a) See whether other states have similar laws.
05-22B-01 Prohibiting the Sale of Herbal Cigarettes and Bidis NY  - reject
to Minors
05-22B-02 Workers’ Compensation Pools IL - defer
(22B-b) See whether other states have similar laws.
05-22B-03 Prenatal Care for Undocumented Women CO - reject

(06) PROPERTY, LAND AND HOUSING
06-22B-01 Local Housing Agencies: Joint Authority CA-  reject
06-22B-02 Housing Rehabilitation CA - reject
06-22B-03 Building Inspections GA - defer
(22B-c) See whether other states have similar laws.

(07) GROWTH MANAGEMENT

(08) ECONOMIC DEVELOPMENT
08-22B-01 Rural Venture Capital Formation Incentive Act Statement OK - reject
08-22B-02 Rural Redevelopment Authority NC - reject
08-22B-03 Preparing for a Knowledge-Based Economy: Innovations KY - refer

(09) BUSINESS REGULATION AND COMMERCIAL LAW
09-22A-02 Protected Cells for Domestic Insurers IA - reject
(22A-c) Check with NCOIL or the NAIC to see how many states have similar laws.
09-22B-01 Protected Cell Companies Act RI - defer
(22B-d) Get additional background information about this Act.
09-22A-03 Limitations on Deposits Which May be Held by IA - reject
Depository Institutions or Holding Companies
(22A-d) Clarify the intent of this legislation; see whether other states have similar laws.
09-22B-02 Recordings: Pirating and Bootlegging WI - reject
09-22B-03 Assisted Living Communities KY - refer
09-22B-04 Restricting Sales of Products Containing Ephedrine, AR - reject
Pseudoephedrine, Norpseudoephedrine, or Phenylpropanolamine
09-22B-05 Cyber Piracy CA - defer
(22B-e) See whether other states have similar laws and whether there are court challenges to it.
09-22B-06 Dating Services AZ -  reject
09-22B-07 Competition Act ID - reject

(10) PUBLIC FINANCE AND TAXATION

(11) LABOR
11-22A-02 Employee Computer Records CA - reject
(22A-g) See whether other states have similar laws.
11-22B-01 Employee Computer Records CA - defer
11-22B-02 Telecommuting Incentives VA - defer
(22B-f) See whether other states have similar laws.

(12) PUBLIC UTILITIES AND PUBLIC WORKS
12-22B-01 Cable Service Providers: Competition OH - refer

(13) STATE AND LOCAL GOVERNMENT
13-22B-01 County and State Mutual Insurance Guaranty Association IA - reject
13-22B-02 Strategic Lawsuits by Governmental Entities Against FL - reject
Public Participation (SLAPP) Prohibited
13-22B-03 Access to Data Used in Promulgating Regulations NY - refer
13-22B-04 Statewide Infrastructure Protection AZ - defer

(14) TRANSPORTATION
14-22B-01 Crimes Against Livery Drivers NY - reject
14-22B-02 Placement of Roadside Memorial Markers WV - reject
14-22B-03 Midwest Interstate Rail Passenger  Compact  MO - reject
14-22B-04 Motor Vehicle Accidents and Mobile Phones:  NE - defer
A Rebuttable Presumption of Negligence if Using a Mobile Phone
(22B-g) See whether other states have similar laws.

(15) COMMUNICATIONS
* 15-21B-04 Uniform Computer Information Transactions Statement ULC - defer  
(21B-h) Update this Statement with the latest ULC summary, strike the last
paragraph, get more background information (Statement was revised for docket 21C)
(21C-b) Get additional information about other states and update the Statement again (i.e, for the next SSL cycle).
(22B-h) Update the ULC Statement, add Virginia's amended Act to the next docket or to the resource packet for the next meeting.
15-22B-01 Uniform Computer Information Transactions Act MD - defer
15-22A-01 Deploying Personal Wireless Service Facilities NH - reject
15-22B-02 Rural Internet Access Authority NC - refer

(16) ELECTIONS
16-22A-02 Internet Voting PA - reject
(22A-h) See whether other states have similar laws; consider as a possible supplement to the 2002 volume.
16-22B-01A Internet Voting PA - reject
16-22B-01B Internet Voting Pilot Program  CA - reject
16-22B-01C Internet Voting Commission IL - reject
16-22B-01D Internet Voting Pilot Program MI - defer
(22B-i) Get additional legislation from other states about Internet voting; write a Note on Internet voting and include the "Special Focus on Internet Voting" article by the Center for the Study of Technology and Society in the Note.
16-22B-01E Absentee Ballots: Internet Voting MT- defer
16-22B-02 Confidentiality of Elector Records WI - defer
16-22B-03 Uniform Affidavit Ballot MS - reject

(17) CRIMINAL JUSTICE, THE COURTS AND CORRECTIONS
17-22B-01 Ticket Quotas NJ - reject
17-22B-02 Prison Nursery Programs OH - refer
17-22B-03 Indigent Defense Services NC - reject
17-22B-04 Worthless Check Restitution Program WV - reject
17-22B-05 Bioterrorism CO - reject
(22B-j) See whether other states have similar laws (and specifically, Iowa).
17-22B-06 Intensive Community-Based Treatment for Juveniles CO - refer
in the Criminal Justice System
17-22B-07 Vexatious Litigant FL - reject
17-22B-08 Death Penalty Reform FL - reject
17-22B-09 Underage Witness Protection FL - reject
17-22B-10 Statewide Jail Booking and Reporting System WA - reject
17-22B-11 Commission on Racial Disparity in Criminal Justice System CT - reject

(18) PUBLIC ASSISTANCE/HUMAN SERVICES
18-22B-01 Kids Now – Early Childhood Initiative Statement KY - refer
18-22B-02 Office of Child’s Representative CO - reject

(19) DOMESTIC RELATIONS
19-22B-01 Children's Rehabilitative Services Statewide AZ - reject
Parent Action Council
19-22B-02A Domestic Abuse Death Review Team IA - refer
19-22B-02B Domestic Violence Fatalities Review WA - reject

(20) EDUCATION
20-22B-01 Safe Schools Against Violence in Education Statement NY - refer
20-22B-02 Early Mathematics Placement Testing KY - refer
20-22B-03 Professional Preparation of School Personnel Statement KY - defer
20-22B-04 Blind Pupil's Braille Literacy MI - reject
20-22B-05 Support Programs for Teachers/Annual Contracts ID - defer
(22B-k) Better define what this Act does, see whether other states have similar laws.

(21) HEALTH CARE
21-22B-01 Health Care Decisions Act WV - reject
21-22B-02 Joint Negotiations by Physicians and Dentists with Carriers NJ - defer
21-22B-03A RU-486 Prescriptions AR - reject
21-22B-03B RU-486 Prescriptions RI - reject
21-22B-03C RU-486 Prescriptions KY - reject
21-22B-04 Pharmaceutical Advertising and Promotional PA - reject
Expense Disclosure and Cost Containment
21-22B-05 Health Benefit Plans: Delivering Prescription Drugs AL - refer
21-22B-06 Quality-Based Health Care Facilities Inspections IA - reject
21-22B-07 Public Cord Tissue Bank FL - defer
(22B-l) Limit future consideration of the legislation to Section 1 of the Act.
21-22B-08 Nursing Facilities - Electronic Monitoring  MD - defer
(22B-m) Update the committee on the status of this item, see whether other states have similar laws.
21-22B-09 Prepaid Limited Health Service Organizations TN - defer
(22B-n) See whether other states have similar laws.

(22) CULTURE, THE ARTS AND RECREATION
22-22B-01 Recreational Vehicle Rental Space AZ - defer

(23) PRIVACY

(24) AGRICULTURE
24-22A-01C Model Producer Protection Act Model - defer
(22A-j) Clarify whether this is a NAAG model law.
24-22B-01 Farmworker Family Wellness CA - defer
24-22B-02 Agrichemical Remediation IA - defer
24-22B-03 Agricultural Burning Reduction WA - defer
24-22B-04 Soil Amendments and Agricultural Limings CT - defer

(25) CONSUMER PROTECTION
25-22A-02 Misrepresenting A Business Name or Location IA - defer
25-22B-01 Misrepresenting A Business Name or Location IL - defer
25-22B-02 Bottled Water Labeling CA - defer
25-22B-03 Prepaid Calling Cards Rate Disclosure  CT - defer