The Council of State Governments
Committee on Suggested State Legislation
Meeting Minutes
Docket 24A
December 8, 2002
Richmond, Virginia
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, Alabama Legislative Research Commission
Senator Bart Davis, Idaho
Penny Davis, Associate Director, Alabama Law Institute
Delegate Jim Dillard, Virginia
Senator Karen Fraser, Washington
Lamar Holland, Georgia, National Association of State Facilities Administrators
Joyce Honaker, Kentucky, Committee Staff Administrator, Legislative Research Commission
Representative Doug Jones, Idaho
Representative Kim Koppelman, North Dakota
Senator Robert Martin, New Jersey
Representative Denny Merideth, Missouri
John McCabe, Legislative Director, Legal Counsel, NCCUSL
E.M. Miller, Director, Virginia Legislative Services
Representative Bobby Moak, Mississippi
Representative Chris Ross, Pennsylvania
Representative Donna Stone, Delaware
Representative Pam Thornburg, Delaware
GUESTS
Steve Arthur, Holcim (US) Inc.
Sandy Beaty, Pfizer
Michael Behm, Stateside Associates
Gary Blalack, GlaxoSmithKline
Bill Bowers, AstraZeneca Phamaceuticals
Mary Anne Bradfield, National Rifle Association
Janice Brannon, American Nurses Association
David Critchlow, HCA
Senator Paul Herron, Kentucky
Murray Johnston, Alliance of Automobile Manufacturers
Delegate Verna Jones, Maryland
Melissa Kelly, American Forest & Paper Association
Rob Kincaid, Merck
Jim Longus, SBC Communications, Inc.
Jim Mason, US Dept. of Health and Human Services, Washington
Miles Mathews, MBNA America
Pete Poynter, BellSouth Corp.
Patrick Rita, American Forest & Paper Association
Teri Ruddy, The Heritage Foundation
Allan Smith, Ohio Casualty Group
Al Stark, Delaware
Carol Stewart, Community Financial Services Association
Dave Swartley, MBNA America
Kelly Vogel, American Association of Health Plans
Paul White, The Karol Group, Inc.
STAFF
Audrey Curry, CSG Lexington
Bonnie Detzel, CSG Lexington
Bert Harberson, CSG Lexington
Barry Hopkins, CSG Lexington
Karen Marshall, CSG Lexington
Magda Mook, CSG Lexington
Jenny Sewell, CSG Lexington
Bill Voit, CSG Lexington
COMMITTEE BUSINESS
The CSG Committee on Suggested State Legislation convened for the first time in the 2004 SSL Cycle on Sunday, December 8, 2002 from 2:00 p.m. - 5:00 p.m. A quorum was present. The SSL leadership announced that for future SSL Committee meetings:
· CSG policy task forces need only report the number of private and public sector members present during the SSL segment of the policy task force meetings and the general recommendations of the task forces for the SSL items on the task force dockets (e.g., reject);
· The SSL Committee is not bound to task force recommendations;
· CSG staff will modify SSL docket books to better indicate the recommendations of the task forces to the SSL Committee, and
· SSL docket items will only be deferred to policy task forces when the SSL Committee defers an item a task force.
The recommendations of the CSG policy task forces to the SSL Committee and the subsequent actions of the SSL Committee are 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, (24A-a) represents the first meeting (A) in the 2004 cycle and the first notation on that docket (a). Notations from the second meeting (B) of the 2004 cycle are listed on the next docket as (24B-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 next SSL meeting is tentatively scheduled in May in the Virgin Islands in conjunction with CSG's 2003 Spring meeting.
RECOMMENDATIONS FROM CSG POLICY TASK FORCES TO THE SSL COMMITTEE, DECEMBER 6, 2002
(*) Indicates item is carried over from previous SSL cycle.
(T) Indicates a “Trends” category from a previous docket that is no longer used.
Items listed under such categories have been placed under similar headings below.
ITEM NO., TITLE OF ITEM UNDER CONSIDERATION, SOURCE RECOMMENDATION
VOTE
PUBLIC PRIVATE
(01) CONSERVATION AND THE ENVIRONMENT
01-24A-01 Wildfires CO 6-0 8-0 Reject
01-24A-02 Sustainable Forest Incentive MN 4-2 5-2 Defer to Environmental Task Force
01-24A-03 Deer Management Plans NJ 7-0 7-0 Reject
01-24A-04 Improving Air Quality AZ 6-1 9-0 Include
01-24A-05 Regional Haze Program AZ 7-0 9-0 Defer to Environmental Task Force
01-24A-06 Regulating Emissions From Electric Generating NC 4-2 6-2 Reject
Facilities
01-24A-07 Requiring Major Water Users To Provide Public ME 7-0 9-0 Reject
Information About Their Annual Water Withdrawals From Public Water Resources
01-24A-08 State Wetland Regulation Extension WI 4-3 8-0 Defer to Environmental Task Force – get legislation from other states
01-24A-09 Comprehensive Environment And Conservation OH 8-0 9-0 Include
Legislation Statement
(02) HAZARDOUS MATERIALS/WASTE
*04T-23B-04 Solid Waste: Cathode Ray Tubes And CRT CA 7-0 9-0 Reject
Devices: Recycling And Refurbishment
*04T-23B-05 Hazardous Electronic Scrap CA 6-0 9-0 Reject
02-24A-01 Above Ground Storage Tanks DE 6-1 8-0 Reject
02-24A-02 Chromated Copper Arsenate Pressure NY 6-1 8-0 Reject
Treated Lumber
02-24A-03A MTBE Elimination IL 7-0 9-0 Reject
02-24A-03B MTBE Prohibition KS 7-0 9-0 Reject
02-24A-03C MTBE Opt Out NH 6-1 8-0 Defer to Environmental Task Force
02-24A-04 Regulating Greenhouse Gases CA 5-2 9-0 Reject
02-24A-05A Reducing Mercury Emissions From Consumer ME 5-2 9-0 Reject
Products
02-24A-05B Prevent Mercury Emissions When Recycling ME 4-2 3-2 Reject
And Disposing Of Motor Vehicles
02-24A-05C Phase Out The Availability Of Mercury-Added ME 6-1 8-0 Reject
Products
02-24A-05D Prohibiting The Sale And Distribution Of Most IN 6-1 9-0 Include
Mercury-Added Novelties
(05) PUBLIC, OCCUPATIONAL AND CONSUMER HEALTH AND SAFETY
05-24A-01 Placing External Automatic External PA 5-1 4-0 Reject
Defibrillators In Schools
05-24A-02 Clean Indoor Air DE Unanimous Defer to Health Capacity Task Force
05-24A-03 Emergency Evacuation Plan For People With IL Unanimous Reject
Disabilities
05-24A-04 Mosquito Abatement And Vector Control CA Unanimous Reject
Districts
(17) CRIMINAL JUSTICE, THE COURTS AND CORRECTIONS/PUBLIC SAFETY AND JUSTICE
17-24A-01 Defrauding Administration Of A Drug Test NJ Unanimous Include
17-24A-02 Prescription Monitoring Program VA Unanimous Defer to Public Safety and Justice Task Force
17-24A-03 Preventing Drag Or “Sideshow” Street Racing CA Unanimous Reject
17-24A-04 Illegal Assembly Or Possession Of Chemicals OH Unanimous Reject
For The Manufacture Of Drugs Statement
17-24A-05 Bar Or Tavern Advertising NY Unanimous Reject
17-24A-06 Computer Crimes Hotline NJ Unanimous Defer to Public Safety Task Force – get additional information about this Act
(21) HEALTH CARE
*06T-23C-02 Born Alive Infant Protection MI No action taken
*05-23C-02 Nurses’ Bill of Rights MD Unanimous Reject
*06T-23C-05 Hospital Nursing Staff OR Unanimous Reject
*21-23C-01 Prescription Drug Cost Containment VT
The only public sector member present made a motion to defer back to HCTF at a later date. There was no second. The motion was made to reject. The public sector member voted against this. Private sector voted for.
*21-23C-02 Pharmacy Benefit Managers GA Unanimous Defer to Health
Regulation Act Capacity Task Force
21-24A-01A Model Pharmacy Benefit Management NCPA Unanimous Defer to Health Capacity Task Force
21-24A-01B Pharmacy Benefits Management Company NJ Unanimous Defer to Health Capacity Task Force
21-24A-02 Retroactive Health Insurance Denials NH Unanimous Include
21-24A-03 Stem Cells: Human Tissue: Research CA Unanimous Reject
21-24A-04 Nursing Home Complaints MI Unanimous Include
21-24A-05 Patient Authority And Patient Safety Trust PA Unanimous Reject
Fund Statement
21-24A-06A Hospital Plan Corporations/Professional Health PA Unanimous Reject
Corporations: Reporting Requirements
21-24A-06B Hospital Plan Corporations/Professional Health PA Unanimous Reject
Corporations: Premium Reductions
21-24A-07 Long Term Care Financing HI Unanimous Defer to Health Capacity Task Force
21-24A-08 Innovations In Long-Term Care Quality Grants IL Unanimous Defer to Health Capacity Task Project Force
21-24A-09 Assisted Outpatient Treatment Demonstration CA Unanimous Defer to Health Capacity Task
21-24A-10 Sole Proprietors And Health Insurance NY Unanimous Include
21-24A-11 Disposing Fetal Tissue CO Unanimous Include
21-24A-12 Medical Malpractice Reform MS Unanimous Defer to Health Capacity Task Force
Amendment To The Delaware Code Relating To Anatomical DE Unanimous Include
Gifts (This bill was added to the Health Capacity Task Force docket at this meeting. After further consideration, the sponsor decided to submit the bill to SSL Committee docket 24B (May 2003). The legislation prohibits third parties from changing the expressed desire of an organ donor to donate an organ.
(24) AGRICULTURE
24-24A-01 Women, Infants, And Children Program - CO Unanimous Defer to Agriculture Task
Farmers' Market Nutrition Program Force and get more information about this Act
24-24A-02 Farmland Preservation Incentive Program NJ Unanimous Reject
24-24A-03 State Purchase Of Perishables KY Unanimous Include
Include only sections 1-10 in SSL Volume, reformat sections 11 and 12 of this Act as a separate bill and defer that bill to the Agriculture Task Force
24-24A-04 Agricultural Odor Management ID Defer to Agriculture Task Force with one public sector member voting against deferring
SSL COMMITTEE ACTION ON DOCKET 24A.
The SSL Committee considered 103 items on this docket. It selected 11 for inclusion in the first segment of the 2004 SSL Volume. It deferred 3 items to CSG policy task force dockets 24B and deferred 34 to SSL Committee docket 24B (37 total deferrals). It rejected the remaining 55 items.
ITEM NO. TITLE OF ITEM UNDER CONSIDERATION SOURCE ACTION
(*) Indicates item is carried over from previous SSL cycle.
(T) Indicates a “Trends” category from a previous docket that is no longer used. Items listed under such categories have been placed under similar headings below.
Deferrals - Items are deferred to next SSL Committee meeting unless designated otherwise (e.g., defer to a CSG policy task force or the next SSL Cycle).
(01) CONSERVATION AND THE ENVIRONMENT
01-24A-01 Wildfires CO Reject
01-24A-02 Sustainable Forest Incentive MN Include
01-24A-03 Deer Management Plans NJ Reject
01-24A-04 Improving Air Quality AZ Include
01-24A-05 Regional Haze Program AZ Defer to Environmental Task Force
01-24A-06 Regulating Emissions From Electric Generating Facilities NC Reject
01-24A-07 Requiring Major Water Users To Provide Public ME Reject
Information About Their Annual Water Withdrawals From Public Water Resources
01-24A-08 State Wetland Regulation Extension WI Include
01-24A-09 Comprehensive Environment And Conservation Legislation OH Reject
Statement
(02) HAZARDOUS MATERIALS/WASTE
*04T-23B-04 Solid Waste: Cathode Ray Tubes And CRT Devices: CA Reject
Recycling And Refurbishment
*04T-23B-05 Hazardous Electronic Scrap CA Reject
02-24A-01 Above Ground Storage Tanks DE Reject
02-24A-02 Chromated Copper Arsenate Pressure Treated Lumber NY Reject
02-24A-03A MTBE Elimination IL Reject
02-24A-03B MTBE Prohibition KS Reject
02-24A-03C MTBE Opt Out NH Reject
02-24A-04 Regulating Greenhouse Gases CA Reject
02-24A-05A Reducing Mercury Emissions From Consumer Products ME Defer
02-24A-05B Prevent Mercury Emissions When Recycling And ME Defer
Disposing of Motor Vehicles
(24A-a) Check to see whether this law is currently in litigation.
02-24A-05C Phase Out The Availability Of Mercury-Added Products ME Defer
02-24A-05D Prohibiting The Sale And Distribution Of Most IN Include
Mercury-Added Novelties
(03) ENERGY
03-24A-01 Multiple Pollutant Reduction NH Include
03-24A-02 Renewables Portfolio Standard Program CA Reject
03-24A-03 Energy Advisory Council ME Reject
03-24A-04 Green Building Task Force WA Reject
03-24A-05 Climate And Rural Energy Development Center WA Reject
(05) PUBLIC, OCCUPATIONAL AND CONSUMER HEALTH AND SAFETY
05-24A-01 Placing External Automatic External Defibrillators In PA Reject
School
05-24A-02 Clean Indoor Air DE Reject
05-24A-03 Emergency Evacuation Plan For People With Disabilities IL Include
05-24A-04 Mosquito Abatement And Vector Control Districts CA Reject
(06) PROPERTY, LAND AND HOUSING/INFRASTRUCTURE, DEVELOPMENT/PROTECTION
*06-23C-01 Predatory Lending Note Include
(23B-j) Combine the abstracts of 06-23A-03 through 06-23B-01E
into a Note for the next docket and add information about Georgia
and Iowa legislation into the Note.
(23C-j) Add bills from Colorado and Florida and other states if available
(contact John Rabenold, CFSA).
(24A-b) Combine the abstracts of 06-24A-01A through 06-24A-01G into this Note.
Include the Note in the volume but not the language of the bills.
06-24A-01A Homeowner Equity Protection CO Reject
06-24A-01B Residential Loan Foreclosure Notice CO Reject
06-24A-01C Fair Lending FL Reject
06-24A-01D Fair Lending GA Reject
06-24A-01E Mortgage Lenders And Brokers; Predatory VA Reject
Lending Practices
06-24A-01F Mortgage Loan “Flipping” VA Reject
06-24A-01G High-Cost Home Loans NY Reject
06-24A-02 Fire Insurance - Issuance And Renewal Of Policy Within CO Reject
A Federally Designated Disaster Area
06-24A-03 Preservation Interim Loan Programs CA Include
(07) GROWTH MANAGEMENT/GLOBAL DYNAMICS/DEVELOPMENT
(08) ECONOMIC DEVELOPMENT
(09) BUSINESS REGULATION AND COMMERCIAL LAW
09-24A-01A Pension And Shareholder Protection CA Reject
09-24A-01B Corporate Disclosure CA Reject
09-24A-02 Tow Truck Operators: Accept Payment By Credit Card NJ Reject
09-24A-03 Professional Employer Organizations (PEOs) NY Reject
(10) PUBLIC FINANCE AND TAXATION
(11) LABOR/WORKFORCE RECRUITMENT, RELATIONS AND DEVELOPMENT
11-24A-01 Dismissal Of Certain Emergency Workers KY Include
11-24A-02 Prohibiting The Use Of State Funds And Facilities To NY Include
Asist, Promote Or Deter Union Organizing
(12) PUBLIC UTILITIES AND PUBLIC WORKS
12-24A-01 Alternative Gas Suppliers IL Reject
(13) STATE AND LOCAL GOVERNMENT/INTERSTATE COOPERATION AND LEGAL DEVELOPMENT
(14) TRANSPORTATION
(15) COMMUNICATIONS/TELECOMMUNICATIONS
(16) ELECTIONS/POLITICAL CONDITIONS
16-24A-01 Judicial Campaign Reform NC Reject
(17) CRIMINAL JUSTICE, THE COURTS AND CORRECTIONS/PUBLIC SAFETY AND JUSTICE
17-24A-01 Defrauding Administration Of A Drug Test NJ Include
17-24A-02 Prescription Monitoring Program VA Defer to Public Safety Task Force
17-24A-03 Preventing Drag Or “Sideshow” Street Racing CA Reject
17-24A-04 Illegal Assembly Or Possession Of Chemicals For OH Reject
The Manufacture Of Drugs Statement
17-24A-05 Bar Or Tavern Advertising NY Reject
17-24A-06 Computer Crimes Hotline NJ Reject
(18) PUBLIC ASSISTANCE/HUMAN SERVICES
(19) DOMESTIC RELATIONS
19-24A-01 Disinterment For DNA Testing GA Reject
19-24A-02 Family Temporary Disability Insurance CA Reject
19-24A-03 “Stephanie's Law” (Report Child Abuse And Neglect) SC Reject
(20) EDUCATION
20-24A-01 Cooperation By Institutions Of Higher Education With CO Reject
Federal Anti-Terrorism Measures
20-24A-02 Campus Sex Offender Registration CO Defer
(24A-c) Check to see whether this Act is in litigation and add a penalty section to the
Act if one exists in the Colorado code.
20-24A-03 Frivolous Actions Against Teachers And Other NH Reject
Education Employees
20-24A-04 Senior Citizens Higher Education VA Reject
20-24A-05 High Technology School-to-Work IL Reject
20-24A-06 Restricting Cell Phone Use While Driving A SchBus IL Reject
20-24A-07 Released Time For Religious Education SC Reject
20-24A-08 Campus Sexual Assault Information SC Defer
20-24A-09 Student-Led Messages SC Reject
20-24A-10 Quality Faculty Plan For Community Colleges IA Reject
20-24A-11 Frivolous Actions Against Teachers And Other NH No action
Education Employees
(21) HEALTH CARE
*06T-23C-02 Born Alive Infant Protection MI Reject
*05-23C-02 Nurses’ Bill of Rights MD Reject
(23C-i) Defer to CSG Health Care Task Force
*06T-23C-05 Hospital Nursing Staff OR Reject
(23C-d) Defer to CSG Health Care Task Force
*21-23C-01 Prescription Drug Cost Containment VT Reject
(23C-l) Update the committee on the status of a lawsuit over a similar Maine law.
*21-23C-02 Pharmacy Benefit Managers GA Defer to Health Capacity Task Force
(23C-m) Check to see whether other states have similar laws.
21-24A-01A Model Pharmacy Benefit Management Regulation Act NCPA Reject
21-24A-01B Pharmacy Benefits Management Company NJ Reject
21-24A-02 Retroactive Health Insurance Denials NH Defer
21-24A-03 Stem Cells: Human Tissue: Research CA Defer
21-24A-04 Nursing Home Complaints MI Defer
21-24A-05 Patient Authority And Patient Safety Trust Fund Statement PA Defer
21-24A-06A Hospital Plan Corporations/Professional Health PA Defer
Corporations: Reporting Requirements
21-24A-06B Hospital Plan Corporations/Professional Health PA Defer
Corporations: Premium Reductions
21-24A-07 Long Term Care Financing HI Defer
21-24A-08 Innovations In Long-Term Care Quality Grants IL Defer
21-24A-09 Assisted Outpatient Treatment Demonstration Project CA Defer
21-24A-10 Sole Proprietors And Health Insurance NY Defer