The Council of State Governments
Committee on Suggested State Legislation
Meeting Minutes
Docket 23A
December 1, 2001
Hotel Monteleone
New Orleans, Louisiana

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

COMMITTEE IN ATTENDANCE
Jerry Bassett, Director, Legislative Research Commission
Diane Burkhart, Deputy Administrator, Louisiana Senate
Senator Bart Davis, Idaho
Delegate Jim Dillard, Virginia
Senator David Ford, Indiana
Representative J.R. Gray, Kentucky
Lamar Holland, Georgia, National Association of State Facilities Administrators
Joyce Honaker, Kentucky, Committee Staff Administrator, Legislative Research Commission
Representative Kim Koppelman, North Dakota
Representative Denny Merideth, Missouri
John McCabe, Legislative Director, Legal Counsel, NCCUSL
Representative Bobby Moak, Mississippi
Senator Thomas Moore, South Carolina
Carole Mosely, House Legislative Services, Louisiana
Representative Rocky Nichols, Kansas
Representative Steve Richardson, Iowa
Representative Chris Ross, Pennsylvania
Representative Loren Solberg, Minnesota
Philip Sachtleben, Indiana Legislative Services Agency
Senator Rob Smith, Mississippi
Representative Donna Stone, Delaware

GUESTS
Chris Aboud, American Crop Protection Association
Sandy Beaty, Pfizer
Michael Behm, Stateside Associates
Mary Anne Bradfield, National Rifle Association
Tony Colletti, Community Financial Services Association
Julie Johnson, Office of Senator Pam Redfield
Rob Kincaid, Merck
John Rabenold, Community Financial Services Association
Carol Stewart, Community Financial Services Association
Edward Yarborough, Community Financial Services Association

STAFF
Audrey Curry, CSG Lexington
Bill Voit, CSG Lexington

COMMITTEE BUSINESS
The CSG Committee on Suggested State Legislation convened Saturday, December 1, 2001 from 8:00 a.m. - 1:00 p.m.  This was the first meeting in the 2003 SSL cycle. A quorum was present. 

The committee implemented new procedures to enable members to vote to include, defer or reject items on future SSL dockets. The committee will no longer refer docket items to a fourth and final meeting of the full committee because those meetings will no longer be held. Instead, items that the committee votes to "include" on future dockets will be formatted immediately following every committee meeting and published on-line in some manner at CSG's Web site. The online segments will be compiled into a printed SSL Volume at the end of every SSL cycle.  

The committee considered 71 bills on this docket. It selected 18 for inclusion in the first segment of the 2003 SSL Volume. It deferred 5 items to docket 23B. It voted to include item 17-23A-01 in the 2003 SSL volume only if that item references a different part of law than item 17-22D-01, which is in the 2002 SSL Volume. The committee did not act on item 20-23A-01 because the same item was on docket 22D. The committee added the Uniform Money Services Act to the 2002 SSL Volume after considering it on this docket. It rejected the remaining 45 items.

The status of all docket items is listed below. SSL members usually 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, (23A-a) represents the first meeting (A) in the 2003 cycle and the first notation on that docket (a). Notations from the second meeting (B) of the 2003 cycle are listed on the next docket as (23B-a), etc. An asterisk (*) indicates the item was deferred from the previous SSL cycle. Items that do not have a number were added to the docket at the meeting.  

The committee directed CSG staff to create a State Anti-Terrorism Legislation Supplement to the 2003 SSL Volume. This supplement is tentatively scheduled for publication in January 2002. It will be prepared online as a compilation of state legislation on the issue and updated as necessary. Readers should note that the supplement will not reflect the committee's position on any of the legislation that is contained within. The supplement will be available at CSG's Web site. 

The next SSL meeting is tentatively scheduled for April 2002 in Coral Gables, Florida, in conjunction with CSG's Spring meeting.
 

ITEM NO.  TITLE OF ITEM UNDER CONSIDERATION      SOURCE ACTION

(01) CONSERVATION AND THE ENVIRONMENT
01-23A-01 Environmental Health Protection:  Children CA - reject 
01-23A-02 Carbon Sequestration OK - defer to docket 23B
01-23A-03 Liability: Watershed Improvement Projects NC - reject

(02) HAZARDOUS MATERIALS/WASTE
02-23A-01 Mercury OR - include

(03) ENERGY
*03-22C-02 Energy Security and Reliability MN - reject
03-23A-01 California Consumer Power and Conservation Financing Authority CA - reject

03-23A-02 Power Plant Siting CA - reject
03-23A-03 Expediting Applications for Power Generating Facilities NY - reject
03-23A-04A Energy Facility Siting – Short Term OR- reject
03-23A-04B Energy Facility Siting – Long Term OR - reject
03-23A-05 Performance - Based Efficiency Contracts OK - reject
03-23A-06 Coal Rights Act IL - reject

(04) SCIENCE & TECHNOLOGY

(05) PUBLIC, OCCUPATIONAL AND CONSUMER HEALTH AND SAFETY
05-23A-01A Anti-Terrorism IN - include
05-23A-01B Anti-Terrorism NY - defer to 23B
05-23A-02 Financing: Military Personnel CA - reject
05-23A-03 Domestic Terrorism of Commercial Enterprises UT - reject
(23A-a) Take this off the SSL Anti-Terrorism Web site.
The Model State Emergency Health Powers Act   The Center for Law and the Public's Health at Georgetown and John Hopkins Universities (for the Centers for Disease Control and Prevention) - defer to 23B
(23A-b) Add articles opposing this Model to the SSL Anti-Terrorism Web site (contact Joyce Honaker). 

(06) PROPERTY, LAND AND HOUSING
06-23A-03 Loans Secured by Real Property (Predatory Lending) CA - defer to 23B 
(23A-c) See whether other states have similar legislation, e.g., California, NC and DC.

(07) GROWTH MANAGEMENT
07-23A-01 Smart Growth Compacts NY - reject

(08) ECONOMIC DEVELOPMENT

(09) BUSINESS REGULATION AND COMMERCIAL LAW
09-23A-01 Civil Suits and Alcoholic Beverage Purchases AK - defer
(23A-d) Ensure that the language of bill in the 23B docket packet is complete. 
09-23A-02 Creditor-Placed Insurance MS - reject

09-23A-03 Insurance/Public Records Illegal Use FL - reject

(10) PUBLIC FINANCE AND TAXATION

(11) LABOR
*11-22B-01 Employee Computer Records CA - reject
(22C-b) Add a similar Connecticut bill to the docket.

(12) PUBLIC UTILITIES AND PUBLIC WORKS
 
(13) STATE AND LOCAL GOVERNMENT
13-23A-01 Catastrophic Injuries Fund TN - reject
13-23A-02 State Internet Portals /Fees OK - reject
13-23A-03 Independent Entities UT - reject
13-23A-04 Health Insurance for State Employees Who are Called to Active Duty OH - reject
13-23A-05 State Reports to Legislature: Alternative Formats AL - include

(14) TRANSPORTATION
*14-22B-04 Motor Vehicle Accidents and Mobile Phones: A Rebuttable Presumption of Negligence if Using a Mobile Phone NE - defer to 23B
(22B-g) See whether other states have similar laws.
(23A-d) Add "Distracted Driving" legislation from other states to docket 23B.

14-23A-01 Prohibiting Using a Hand-Held Mobile Phone While Driving NY - reject
14-23A-02 Motorcycle Use on Highways VA - reject 

(15) COMMUNICATIONS
* 15-21B-04 Uniform Computer Information Transactions Statement  ULC - include
(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. 
(23A-e) Add references to this Statement about Virginia's amendments to UCITA (i.e., 15-22C-01A-01C).

*15-22B-01 Uniform Computer Information Transactions Act MD
*15-22C-01A Uniform Computer Information Transactions Act VA
*15-22C-01B Uniform Computer Information Transactions Act VA
*15-22C-01C Uniform Computer Information Transactions Act VA
15-23A-01 Dark Fiber NE - include

(16) ELECTIONS
16-23A-01 Gubernatorial Inauguration Finance Disclosure Act TN - include
16-23A-02 Appointment of Presidential Electors NC - include
 
(17) CRIMINAL JUSTICE, THE COURTS AND CORRECTIONS
*17-22C-07 Cyber Court MI - defer to 23B
(23A-f) Get the most recent version of this Act for docket 23B.
17-23A-01 Storing, Preserving and Retention of Human
Biological Evidence in Felony Cases  VA- include
(23A-g) Include only if this Act references a different part of Virginia's law than item 17-22D-01 in the 2002 SSL Volume.
17-23A-02 Elder Death Review Teams CA - include
17-23A-03 Convict Funds and Compensating Victims of Crime NY- reject
17-23A-04 Juror Gratuities NY - include
17-23A-05 Cyber-Terrorism HI - reject
17-23A-06 Frivolous Lawsuit Registry OK - reject
17-23A-07 Statewide Sexual Assault Nurse Examiner Program NJ - include
Uniform Money Services Act NCCUSL - include in the 2002  SSL Volume

(18) PUBLIC ASSISTANCE/HUMAN SERVICES
18-23A-01 Continuum of Care for the Elderly and Disabled IN - reject
18-23A-02 Hunger Prevention and Nutrition Assistance NJ - reject
 
(19) DOMESTIC RELATIONS
19-23A-01 Retirees KY - reject
19-23A-02 Mandated Offer of Domestic Partner Benefits ME - reject
19-23A-03 Relief from Legal Determination of Paternity VA - include
19-23A-04 Military Honors Funeral IL - include
(23A-h) Mention Missouri's legislation in the abstract of this Act (contact Rep. Merideth) 

(20) EDUCATION
*20-22B-05 Support Programs for Teachers/Annual Contracts ID - include the abstract of this Act in the Note in the 2002 SSL Volume.
(22B-k) Better define what this Act does, see whether other states have similar laws.
(22c-f) Add information about Iowa actions on the issue to the abstract of this item (contact Rep. Steve Richardson).
20-23A-01 Student Achievement and Teacher Quality Program IA - no action (covered on docket 22D)
*20-22C-04 Hearing Aid Loan Bank Program MD - include
(22C-g) get additional information about this Act and check to see whether other states have similar laws.
(23A-i) Don't include the "Comment" about this Act.
20-23A-02 Transition to Teaching FL - reject
20-23A-03 Psychotropic Medication and Students CT - reject
20-23A-04 Bullying CO - reject
20-23A-05A Public Postsecondary Education: Exemption from Nonresident Tuition CA - reject
20-23A-05B In-State Residency Tuition for Immigrants TX - reject
20-23A-06 Higher Education: Meningitis Vaccine; Information IL - reject
 
(21) HEALTH CARE
21-23A-01 Long-Term Care Liability Insurance AR - reject
21-23A-02 Anatomical Gifts SD - reject
21-23A-03 Utilization of Unused Prescriptions OK - include 
(23A-j) reference Connecticut and Nebraska laws in the abstract to this item.
21-23A-04 Managed Health Care Consumer Assistance Program NJ - reject
 

21-23A-05 Managed Care Plans: Accepting Universal Physician Application NJ- reject

(22) CULTURE, THE ARTS AND RECREATION
*22-22C-02 Uniform Athlete Agents Act IN - include

(23) PRIVACY
23-23A-01 Disclosing Motor Vehicle Crash Reports FL - reject

(24) AGRICULTURE
24-23A-01 Livestock Diseases NE - include

(25) CONSUMER PROTECTION
25-23A-01 Children’s Product Safety VT - reject
25-23A-02 Telemarketers: Consent to Charge an Account ID - include