csg commitee onssl.csg.org/dockets/docketsdoc/may98sc.doc · web viewsuggested state legislation....

CSG COMMITTEE ONSUGGESTED STATE LEGISLATION

Subcommittee on Scope and Agenda

1999 CYCLEDOCKET BOOK (B)

May 1998

This docket and referenced legislation can be downloaded from: http://www.csg.org/ssl/

1

CSG COMMITTEE ON SUGGESTED STATE LEGISLATION (SSL)

SSL OVERVIEWThe 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.

2

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.

3

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( ) Reject

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

* Item was deferred from the previous SSL cycle

4

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

5

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

ITEM NO. TITLE OF ITEM UNDER CONSIDERATION SOURCEACTION

(01) CONSERVATION AND THE ENVIRONMENT01-99B-01 Underwater Obstruction Removal LA01-99B-02 Small Business Air Quality Assistance KS01-99B-03 Artificial Reef Program FL

(02) HAZARDOUS MATERIALS/WASTE02-99A-01 Nonhazardous and Nonliquid Waste Handling STATEMENT (99A-a) Make the abstract to this item a “Statement” for the next docket.02-99B-02 Hazardous Waste Deed Riders NC

·(03) ENERGY

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

(05) PUBLIC, OCCUPATIONAL AND CONSUMER HEALTH AND SAFETY

(06) PROPERTY, LAND AND HOUSING

(07) GROWTH MANAGEMENT

(08) ECONOMIC DEVELOPMENT08-99B-01 Urban High Crime/Rural Job Tax Credit Program FL08-99B-02 Foreign Capital Depository MT

6

(09) BUSINESS REGULATION AND COMMERCIAL LAW*09-98C-01 Internet Service Providers CA(99A-b) Prepare a “Note” for the next docket that incorporates thisitem plus 09-98C-02 through 09-98C-04 and 09-98C-07.*09-98C-02 Gambling: Interactive Computer Service CA(99A-c) Incorporate this item into the “Note” referenced in (99A-b) *09-98C-03A Internet Tax Freedom Act CA(99A-d) Incorporate this item into the “Note” referenced in (99A-b) *09-98C-03B Taxing the Internet WA(99A-e) Incorporate this item into the “Note” referenced in (99A-b) *09-98C-04 Electronic Mail and Minors CA(99A-f) Incorporate this item into the “Note” referenced in (99A-b) *09-98C-07 Blocking/Screen Software and the Internet TX(99A-g) Incorporate this item into the “Note” referenced in (99A-b) 09-99B-01 State Internet Legislation NOTE09-99B-02 Automobile Brokers MN09-99B-03 Notice of Assistance for Compulsive Gambling LA09-99B-04 Rights and Duties of Innkeepers and Guests KS09-99B-05 Business Coordination FL

(10) PUBLIC FINANCE AND TAXATION10-99A-01 State Savings Incentive Account WA(99A-h) Check to see if other states do this.10-99B-01A Tax Extensions as Disaster Relief ID10-99B-01B Tax Extensions as Disaster Relief NY10-99B-02 Institutions of Public Charity STATEMENT

(11) LABOR11-99A-01 Workers Compensation: Limited Liability Companies ID(99A-i) Check to see if other states do this.11-99B-02 Tax Credits for School-to-Career Internships CO

(12) PUBLIC UTILITIES AND PUBLIC WORKS

(13) STATE AND LOCAL GOVERNMENT13-99B-01 Citizen Complaint CA13-99B-02 Computer Error and Immunity NV13-99B-03 Local Government Service Delivery Systems GA13-99B-04 Year 2000 OR

(14) TRANSPORTATION14-99B-01 State Transportation Infrastructure Bank NOTE14-99B-02 Public/Private Partnerships NJ

7

(15) COMMUNICATIONS15-99A-04 Telecommunications Infrastructure SD(99A-l) Clarify what the bill does.

(16) ELECTIONS16-99B-01A Online Disclosure CA16-99B-01B Electronic Filing/Campaign Reform NC

(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.(99A-m) Add a Minnesota law to this Note, expand on the scope of the Note.17-99A-04 Forfeiture For Contacting Victims TX(99A-n) Check to see if other states do this.17-99A-08 Conditional Release of Sex Offenders FL(99A-o) Check on the Constitutionality of this law and whether otherstates have tried it.17-99B-01 Certificate of Expert Review in Professional Malpractice MN17-99B-02 Mandatory Revocation of Driver’s License As Penalty COfor Defacing Property17-99B-03 No Frills Prison AK17-99B-04 Automated Victim Notification System AK17-99B-05 Anti-Drug Profiteering Penalty NJ17-99B-06A Inmate Assaults with Body Fluids or Other Hazardous COSubstances17-99B-06B Testing for Blood-Borne Pathogens VA 17-99B-07A Chemical Castration for Sex Offenders FL17-99B-07B Chemical Castration for Sex Offenders GA17-99B-07C Chemical Castration for Sex Offenders MT17-99B-08 Public Nuisance FL

(18) PUBLIC ASSISTANCE/HUMAN SERVICES18-99A-01 Medicaid Fraud GA(99A-p) Check to see if other states do this and if federal law has affected this law.18-99B-01A KanWork KS 18-99B-01B HealthyStart OH18-99B-02 Self-Employment Assistance PA

8

(19) DOMESTIC RELATIONS19-99B-01 Birth Defects Surveillance, Registration and Treatment DE19-99B-02 Grandparents as Foster Parents MO

(20) EDUCATION20-99A-05 Student Religious Liberty TN(99A-q) Check to see if there are any federal court cases on this lawand whether other states have adopted similar laws.20-99B-01A Student Religious Liberty AL20-99B-01B Student Religious Liberty KY20-99B-02 Teacher Training/Evaluation SC20-99B-03 Educational Choice CT20-99B-04 Private School Tuition; Tax Credit AZ20-99B-05 Higher Education Technology Infrastructure NJ20-99B-06 Excellent Schools STATEMENT

(21) HEALTH CARE21-99A-02 Genetic Information Privacy IL21-99A-11 Breast Cancer Patient Protection RI21-99B-01 Premium Sharing AZ21-99B-02 Experimental Medical Treatment GA

(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 NC(99A-s) Get 1997 update of this bill.24-99B-01 Clean Water Responsibility Act NC24-99A-01 Concentrated Animal Feeding Operations OK(99A-t) Check to see if there are federal regulations governing the issue.24-99A-02 Prohibiting Concentrated Swine Feeding Operations SD24-99A-03A Fertilizer FL(99A-u) Check to see if other states do this.24-99A-03B Fertilizer GA24-99B-02 Fertilizer WA

(25) CONSUMER PROTECTION

9

01-99B-01 Underwater Obstruction RemovalLouisianaSB 264

This Act establishes a program to identify, inventory and remove natural and manmadeunderwater obstructions which are hazards to navigation and commercial fishing in the state. The state department of natural resources will use private contractors to do much of the work under the program. The program will be funded by private and public contributions.

Disposition of 01-99B-01:

Scope: 99B( ) Refer to full Committee( ) Defer consideration: ( ) next Scope & Agenda Subcommittee mtg. ( ) next SSL cycle( ) Reject

Note to staff:

Full: 99D( ) Include in Volume ( ) Defer consideration( ) Reject

Note to Staff:

10

01-99B-02 Small Business Air Quality AssistanceKansasSB 121

This Act establishes a program to help small businesses comply with air pollution regulations that govern stationary emission sources. The law establishes an advisory panel of small business representatives and government officials to help small businesses comply with such regulations.



Note to staff:


Note to Staff:

11

01-99B-03 Artificial Reef ProgramFloridaCH 97-172 (SB 292)

The Florida Department of Environmental Protection (DEP) reports that Florida has the most prolific artificial reef construction activity of any state. Thirty-two of 34 coastal counties have been actively involved in artificial reef development. The total number of artificial public fishing reefs constructed by local coastal governments from 1985-1996 has exceeded 330, with an investment of state and federal funds alone of over $7.5 million.

However, Florida did not have a state artificial reef program for overall planning,implementation and monitoring of reef development statewide. While this allowed coastallocal governments to pursue their own interests related to reef development and greatly increasedthe rate of annual reef development, the statewide coordination of reef construction activity hasbeen relatively limited to those funded by state reef program grants to local governments. Therewas no established central clearinghouse for tracking the wide array of artificial reefdevelopment activity taking place statewide.

This Act expands the capability of the state DEP artificial reef program to coordinate, track, and regulate development of artificial reefs. The purposes of the program are to better manage fisheries resources associated with artificial reefs and expand recreational fishing and other saltwater recreational opportunities. The existing artificial reef competitive grants program, currently restricted to local coastal governments, is expanded to include certain 501(c)(3) nonprofit organizations as eligible to receive grants for monitoring the biological, recreational, and economic effectiveness of artificial reefs. The law includes minimum eligibility requirements for nonprofit organizations to receive grants and prohibits the improper placement of artificial reef materials or the use of improper materials.

The Act also includes provisions to address enforcement problems with placement of illegal reef materials in reef sites and provides penalties for violation of program requirements.

Disposition of 01-99B-03:Scope: 99B( ) Refer to full Committee( ) Defer consideration: ( ) next Scope & Agenda Subcommittee mtg. ( ) next SSL cycle( ) Reject

Note to staff:


Note to Staff:

12

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

This 1997 law 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.

Industrial-process waste is 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.

Pollution-control waste is 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.

Readers should note that the key components of this Act start on page 30, under Section 45, “Special Waste.” Other less important components address dry cleaning, fluorescent bulbs and high intensity discharge lamps. Interested parties can contact the state legislature to obtain a copy of this Act.

Comment: This item has been changed into a “Statement” per notation (99A-a).

13

Disposition of 02-99A-01:


Note to staff: (99A-a) Make the abstract to this item a “Statement” for the next docket.


Note to Staff:

14

02-99B-02 Hazardous Waste Deed RidersNorth CarolinaSL 1997-528 (HB 227)

This Act establishes criteria for attaching a notice of an inactive hazardous waste site tothe deed of the property that the site is on. Sites which are undergoing voluntary remedial cleaning are exempt.

Status: enacted into law, 1997.

Comment: CSG Center for Environmental Affairs staff don’t know whether other states do this, but they endorse the idea.



Note to staff:


Note to Staff:

15

*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: pending in health committee as of 01/20/98 (latest date available on-line).

Disposition of 04-98C-01:


Note to staff:


Note to Staff:

16

04-99A-01 CloningCaliforniaCH 688, Laws of 1997 (SB 1344)

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.

Status: enacted into law, 1997.Disposition of 04-99A-01:Scope: 99B( ) Refer to full Committee( ) Defer consideration: ( ) next Scope & Agenda Subcommittee mtg. ( ) next SSL cycle( ) Reject

Note to staff:

Full: 99D( ) Include in Volume ( ) Defer consideration( ) Reject Note to Staff:

17

· 08-99B-01 Urban High Crime/Rural Job Tax Credit ProgramFloridaCH 97-50

This Act creates the Urban High-Crime Area Job Tax Credit Program and the Rural Job Tax Credit Program. These programs provide tax credits to be applied toward the state’s sales or corporate taxes to businesses which locate in a high-crime area or a rural area. The law provides for the amount of the tax credits based on the number of employees that are employed by the business and the ranking of the area were the business is located. The Act also provides for additional credits if the business employs state WAGES Program participants. The law further provides that the state tourism and economic development office may approve a maximum of $5 million for each credit program in one calendar year.




Note to staff:


Note to Staff:

18

08-99B-02 Foreign Capital DepositoryMontanaSB 83

This Act authorizes and provides the framework to create financial institutions as depositoriesfor foreign investors. The law contains language detailing how to charter foreign capital depositories, financial privacy, asset protection, and specialized services to nonresident aliens who are depository customers. Status: enacted into law, 1997.

Comment: An article in the April 1998 State Legislatures says this law is the first of its kind in the nation. A copy of the article is in the resource packet.



Note to staff:


Note to Staff:

19

*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 4/16/98, but the Internet language in this bill has been replaced with language addressing rent.

Comment: (99A-b) CSG staff created a “State Internet Legislation Note” (09-99B-01) summarizing several Internet items from previous dockets, as instructed by notations (99A-b) through (99A-g). According to California legislative staff, AB 583 was pending in a legislative committee as of 4/16/98, but the Internet language was removed from the bill and replaced with language on rent skimming. California legislative staff also say that SB 777 (Gambling: interactive computer) failed in committee on 5/6/97, but was revived and was still viable as of 4/16/98. AB 1614 (California Internet Tax Freedom Act) passed the Assembly and was pending in a Senate committee as of 4/16/98. CSG staff suggest that the subcommittee reconsider these items separately or hold the “Note” until these bills are finally resolved by the legislature.


Scope: 99B( ) Refer to full Committee( ) Defer consideration: ( ) next Scope & Agenda Subcommittee mtg. ( ) next SSL cycle( ) RejectNote to staff:(99A-b) Prepare a “Note” for the next docket that incorporates this item plus 09-98C-02 through 09-98C-04 and 09-98C-07.

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

20

*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: failed once in committee 5/6/97, but apparently revived and pending in a legislative committee as of 4/16/98.



Note to staff:(99A-c) Incorporate this item into the “Note” referenced in (99A-b)

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

Note to staff:

21

*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 4/16/98.

*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.


Disposition of 09-98C-03A:


Note to staff:(99A-d) Incorporate this item into the “Note” referenced in (99A-b)


Note to staff:

22

Disposition of 09-98C-03B:


Note to staff:(99A-e) Incorporate this item into the “Note” referenced in (99A-b)


Note to staff:

23

*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.




Note to staff:(99A-f) Incorporate this item into the “Note” referenced in (99A-b)


Note to staff:

24

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

This Act requires interactive computer service providers to provide free software to their subscribers that enables the subscribers to block or screen material on the Internet.

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



Note to staff:(99A-g) Incorporate this item into the “Note” referenced in (99A-b)


Note to staff:

25

09-99B-01 State Internet Legislation (Note)

The Internet is one of the most advanced and challenging developments of the 20th Century.

Government decisions about whether, how and when to regulate the Internet will greatly affect the lives of people in the 21st Century. So far, the debate involves access, content, commerce and crime.

At least three states have legislatively addressed one or more of these issues: California,Washington, Texas.

California AB 583 contained language that imposed certain requirements on Internet service

providers (ISPs). Under this bill, 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.

California AB 583 was pending in committee as of 4/16/98, but the Internet language described in this Note was subsequently removed from the bill and replaced with language that deals with rent control.

California SB 777 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. SB 777 failed in committee on 5/6/97, but was revived and pending in a committee as of 4/16/98.

California CH 590, Laws of 1997 (AB 181 as amended) makes it a crime to use electronicmail, 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.

California AB 1614 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. AB 1614 was pending in a legislative committee as of 4/16/98.

Texas HB 1300 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. HB 1300 became law in 1997.

Washington SB 5763 prohibits until July 1, 1999, cities or towns from imposing any new taxes or fees specific to Internet service providers. Under this 1997 law, 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

26

· 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.

Interested readers can contact the states to get a copy of the legislation highlighted in this “Note.”

Comment: This “Note” was created per notations (99A-b) through (99A-g). AB 583 was pending in a legislative committee as of 4/16/98, but the Internet language has been removed from the bill and replaced with language on rent skimming. According to California legislative staff, SB 777 (Gambling: interactive computer) failed in committee on 5/6/97, but was revived and was still viable as of 4/16/98. AB 1614 (California Internet Tax Freedom Act) passed the Assembly and was pending in a Senate committee as of 4/16/98. CSG staff suggest that the subcommittee reconsider the items listed in this “Note” separately or hold the “Note” until these bills are finally resolved by the legislature.



Note to staff:(99A-b) Prepare a “Note” for the next docket that incorporates this item plus 09-98C-02 through 09-98C-04 and 09-98C-07.


Note to staff:

27

09-99B-02 Automobile BrokersMinnesotaCH 92 (SF 890)

This Act modifies the definition of “brokering” motor vehicles to include lease arrangements

as well as sales. It adds a definition of “motor vehicle broker” as a person who receives a fee for the service of arranging the sale or lease of a motor vehicle between a buyer and a seller or lessee and lessor.

The law requires a license to engage in the business of brokering motor vehicles and establishes the requirements for obtaining that license. It also requires such brokers to have a commercial office space where books, records and files to conduct business are kept with personnel available during normal business hours or an automatic telephone answering service available during normal hours.




Note to staff:


Note to Staff:

28

09-99B-03 Notice of Assistance for Compulsive GamblingLouisianaSB 46 (Act 1192)

This Act requires operators of certain types of gaming facilities to post signs that inform patrons about a toll-free number to get information and referral services about compulsive gambling. Charity bingo and raffles are exempt.

The law also sets up a central registry of gaming facility owners/operators.




Note to staff:


Note to Staff:

29

09-99B-04 Rights and Duties of Innkeepers and GuestsKansasSB 166

This Act clarifies the lawful conditions under which hotel owners or operators can denyaccommodations to prospective customers and eject current customers. Such conditions include minors, people who cannot demonstrate an ability to pay for the room, people who cannot furnish a valid ID and people who behave in a disorderly way.




Note to staff:


Note to Staff:

30

09-99B-05 Business CoordinationFloridaCH 97-15 (HB 399)

In March 1996, the governor created the state Single Business Identifier Interagency Workgroup as a subgroup of the a Task Force on Paperwork Reduction. The Working Group was charged with exploring the development of a single business identification numbering system for use by state agencies with the intended goal of reducing the paperwork burden on the states business and government entities. This Act codifies some of the recommendations of the report from the Working Group.

According to the Working Group, there were twelve or more state agencies which require licenses from or regulate businesses. Research indicates that a typical business owner spends up to eight hours per month with each of up to five state agencies filling out paperwork for tax, labor, and worker-safety reporting and for permitting. In addition, businesses must report the same information to different state agencies and report the same information to the same state agency repeatedly.

The Act directs the department of state to create a master business index in which eachbusiness is assigned a unique single business identifier number (SBIN) for interagencyuse. The master business index is a database which indexes all business entity recordsmaintained by any state government agency. Each agency that registers, licenses, orregulates business entities is to utilize the SBIN so that registration or license informationmay be directly retrieved by the use of the SBIN.

Historically, state law required the use of the federal employer’s identification number(FEIN) by each state agency which registers or licenses corporations, partnerships, orother business entities. The Task Force reviewed the use of the FEIN, but the Task Force determined that the FEIN is unsatisfactory for accomplishing the goal because it is not necessarily a unique number, it is not created or managed within the control of the state, and not all businesses register for an FEIN. This Act repeals the component of state law which requires the use of the Federal Employer Identifier Number by state agencies which register or license business entities.

The law also directs the secretary of state to conduct a study assessing the need for unifiedreporting and consolidated licensing; and to prepare recommendations for the Legislaturebased on the findings of the study.


31



Note to staff:


32

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.

Comment: (99A-h) Staff with the Washington Treasurer’s Office and the Washington Office of Financial Management were not aware of other states with similar programs. CSG did not find similar bills in other states.




Note to staff:(99A-h) Check to see if other states do this.

Full: 99D( ) Include in Volume( ) Defer consideration( ) Reject

Note to staff:

33

10-99B-01A Tax Extensions as Disaster ReliefIdahoHB 126

This Act authorizes the state tax commission to grant extensions of time for filing returns and payments to people who are impacted by natural disasters as declared by the governor or President. It also authorizes county commissioners in disaster affected counties to grant extensions for filing and paying property taxes to residents who are impacted by disasters.


10-99B-01B Tax Extensions as Disaster ReliefNew YorkCH 8

This Act authorizes extending tax deadlines for up to ninety days for people who are affected by natural disasters as declared by the governor or the President.


Disposition of 10-99B-01A:


Note to staff:


Note to staff:

34

Disposition of 10-99B-01B:


Note to staff:


Note to staff:

35

10-99B-02 Institutions of Public Charity (Statement)PennsylvaniaPA 55, Laws of 1997 (HB 55)

This Act 55 of 1997 (House Bill 55, P.N. 2575) provides a statutory definition of the term “institution of purely public charity”. The Pennsylvania Constitution permits the General Assembly to exempt such institutions from tax, but it does not define the term. Since the term was first used in the Constitution of 1874, case law has been used to determine the qualifications for exemption.

The Pennsylvania Supreme Court, in the 1985 Hospital Utilization Project (HUP) case, outlined the five criteria which must be met in order for an institution to qualify for exemption. This legislation uses the criteria established by the court and details what the institution must do to meet each of the criteria. Although the court intended the HUP decision to be a synthesis of prior case law, some local governments had exploited certain ambiguities in the language of the decision in an attempt to reduce the number of institutions which have historically qualified for tax exemption. Act 55 provides statutory guidelines to assist charitable institutions and governmental entities in determining which organizations meet the criteria for exemption.

This legislation, in addition to establishing statutory standards for exemption, defines certain property owned by state-related universities as public property for tax exemption purposes, requires institutions qualifying for tax exemption to disclose certain information, restricts unfair competition between tax exempt institutions and small businesses and provides for voluntary agreements between local governments and institutions of purely public charity.

Other than the definition of the term “institution of purely public charity”, Act 55 addresses two areas of national significance which have been the subject of attention from outside the Commonwealth. First, the Act grants institutions of purely public charity a number of incentives to enter into voluntary agreements with political subdivisions. The Act also contains intent language encouraging financially secure institutions to enter into voluntary agreements to help defray some of the cost of local government services. (More detail on the voluntary agreement section is contained in item #3 of the analysis below.) Second, the Act prohibits institutions of purely public charity, with certain exceptions and limitations, from using their tax-exempt status to unfairly compete with small business. (More detail on the unfair competition section is contained in item #4 of the analysis below.)

The key event leading to this act is a PA Supreme Court decision involving an organization called “Hospital Utilization Project” (HUP). The Supreme Court, in the opinion delivered on that case, took the opportunity to outline the standards which the court determined must be met for an institution to qualify as an “institution of purely public charity”. In this decision the court attempted to synthesize the principles contained in its prior decisions into five general criteria.

The court did not give specific guidance on how to apply the newly formulated criteria to the various types of institutions involved in serving the public. This lack of specific guidance presented some uncertainty as to how the criteria should be interpreted. The uncertainty created an opportunity for some local governments to attempt to define the criteria in ways that limited the number of institutions that had historically qualified for exemption. These local governments treated the criteria as a departure from prior case law instead of a synthesis of prior decisions.

36

In the time elapsing between the HUP decision and the enactment of HB 55, the courts ruled on various cases attempting to further define the five criteria and apply them to specific fact situations. It proved to be a difficult task because no two charitable institutions serve the public in exactly the same way. The multitude of decisions by the various common pleas courts and the Commonwealth Court did not settled the debate. However, two major PA Supreme Court decisions in the post-HUP period (St. Margaret Seneca Place - 1994 and Washington and Jefferson College - 1997) have reigned in some of the more excessive local government interpretations of the criteria, but the need remained for statutory guidance. Act 55 is a response to that need.

Major Provisions1. Criteria for Designation as an "Institution of Purely Public Charity".General Rule. All institutions must meet each of the five following criteria to qualify as an

institution of purely public charity. There is generally more than one way for an institution to demonstrate that it meets a specific criterion. It is important to note that qualification as an institution of purely public charity does not automatically mean that all property owned by the institution is exempt from tax. The institution must prove to the local assessment board that the property is used for an exempt purpose as required under current law.

Charitable Purpose. An institution must be organized and operated to fulfill charitable purposes (i.e. relief of poverty, advancement of education, advancement of religion, prevention and treatment of disease or injury, government or municipal purposes, or accomplishment of social, moral or physical objectives important to and beneficial to the community).

Private Profit Motive. The institution must operate free from any private profit motive. This means that neither the institution’s net earnings nor donations it receives may inure to the benefit of private shareholders or other individuals. Furthermore, the compensation of any employee, officer or director can not be based primarily upon the financial performance of the institution. Any excess of revenue over expenditures must be used to further the institution’s charitable purpose or fund other nonprofit charitable institutions. The institution must incorporate provisions in its articles of incorporation or governing legal documents which prohibit the private issuance to any person in the event of a sale or dissolution of the institution.

Community Service. The institution must donate or render gratuitously a substantial portion of its services. The term “substantial” in this context means something of value as opposed to an amount which is insignificant. This prevents organizations making only token donations from qualifying under this criterion. Satisfaction of this criterion is measured primarily by determining the amount of “uncompensated goods or services” provided by the organization. Various numerical tests are then used to measure whether a substantial portion of the institution’s goods or services have been rendered gratuitously.

Charity to Persons. An institution must benefit a substantial and indefinite class of persons who are legitimate subjects of charity. This section requires that the general public (or a broad segment of the general public) be the beneficiary of the goods or services provided by the institution. These individuals must be unable to provide themselves the goods or services the institution provides for them. Institutions that have membership are not excluded from meeting this criterion as long as their membership is not predetermined in number and cannot be arbitrarily denied by a vote of the existing members. Furthermore, an institution is not disqualified if it provides its goods or services only to those who are in need of its goods or

37

services (i.e. a hospital which only serves people in need of health care services). Organizations serving a private membership or have primarily a private interest would not qualify.

The following types of organizations generally would not be exempt (unless they qualified for exemption under section 501(c)(3) of the Internal Revenue Code) because they serve primarily a private membership and do not serve the general public: associations of employees, labor organizations, agricultural or horticultural organizations, business leagues, clubs organized for recreation or pleasure, and fraternal beneficiary societies, orders or associations.

Government Service. An institution must relieve the government of some of its burden. The “burden” of government is interpreted to include services that the government currently provides, has provided in the past or that the government funds. It also includes services that provide a service to the public which directly or indirectly reduce dependence on government programs or relieve or lessen the burden borne by government for the advancement of social, moral, educational or physical objectives.

2. Rebuttable Presumption for Institutions Approved by the Department of Revenue.An institution which the Department of Revenue has determined meets the criteria in the Act

may assert a presumption that it meets the criteria for local property tax exemption purposes. When a presumption is applicable, the burden of proof for denying status as an institution of purely public charity is on the political subdivision which challenges the institution.

An institution with annual program service revenue exceeding $10 million may assert the presumption only with respect to a political subdivision with which the institution has a voluntary agreement to make payments of cash, property or services.

The rationale for the rebuttable presumption is that the Department of Revenue must use the same standards as a political subdivision for determining whether an institution meets the criteria as an institution of purely public charity. Without all of the additional bureaucracy which may be required by establishing a statewide certification program, the General Assembly can accomplish its goal of fostering increased uniformity with respect to determinations qualification for institutions of purely public charity.

Taxability of individual parcels is still based on the use of the parcels, as determined under existing assessment law. A political subdivision may challenge the exempt status of an institution with a valid sales tax exemption, but would have to demonstrate, through a preponderance of the evidence, that the institution does not meet the five criteria, as defined in Act 55.

3. Voluntary Agreements.Act 55 contains provisions creating incentives for institutions of purely public charity to enter

into voluntary agreements with political subdivisions. All contributions received pursuant to voluntary agreements shall be used by political subdivisions to help ensure that essential governmental, public or community services will continue to be provided in a manner that will permit an institution to fulfill its charitable mission.

Institutions and political subdivisions may establish public service foundations for the purpose of receiving contributions from institutions of purely public charity and making grants or distributions to participating political subdivisions. Political subdivisions which receive a grant or distribution from a public service foundation are prohibited from assessing or seeking a separate contribution for services from institutions participating in a foundation.

38

An incentive for larger institutions (greater than $10 million in annual program service revenues) is the limitation on the use of the rebuttable presumption unless the institution has a voluntary agreement in place with a political subdivision (see #2 above).

All institutions which have a voluntary agreement in place with a political subdivision will be eligible to claim the contribution at either 150%, 250% or 350% of its actual value (depending upon the size of the contribution) for the purpose of meeting the quantitative standards contained in the community service portion of the five part test. Finally, an institution with a voluntary agreement is deemed to have met the government service portion of the five part test.

The Act provides that "nothing in the Act shall be construed to affect, impair, terminate or supersede any contract, agreement or arrangement” between an institution and a political subdivision in effect on or before the effective date of this Act which authorizes or requires payment of taxes, amounts in lieu of taxes, or other charges or fees for the services of a political subdivision. Further nothing in the Act shall be construed to impair, or otherwise inhibit, the right or ability of any institution seeking or possessing an exemption as an institution of purely public charity , a public service foundation or political subdivision from executing voluntary agreements after the effective date of the Act.

4. Unfair Compensation with Small Business. Institutions of purely public charity shall not fund, capitalize, guarantee the indebtedness of,

lease obligations of, or subsidize a commercial business that is unrelated to the institution’s charitable purpose as stated in the institution’s charter or governing legal documents, with certain exceptions. The prohibitions would not apply to: 1) institutions which do not “substantially expand” the scope of a commercial business existing on the effective date of the Act; 2) any commercial business that is intended only for the use of an institution’s employees, staff, alumni, faculty, members, students, clients, volunteers, patients or residents; 3) any commercial business which results in only incidental or periodic sales to the public; 4) investments in stocks, bonds or real estate; and 5) activities the institution is formally requested to undertake by the Commonwealth or a political subdivision.

Small businesses aggrieved by the actions of an institution of purely public charity may file a complaint with the Department of State, which would then initiate an arbitration process. If either the institution of purely public charity or the small business are dissatisfied with the results of the arbitration, they may appeal to the court of common pleas.

5. Accountability/Disclosure. Institutions of purely public charity must file a copy of their IRS information return (Form

990 and Schedule A) with the Department of State each year. Institutions which already file the same information with the Department of State under the Solicitation of Funds for Charitable Purposes Act are exempt from requirements of this section. Institutions include information about their organizational affiliates, how these affiliates are organized, the relationship to the filing entity, and the relationship with other non-profit organizations. Bona fide duly constituted religious institutions and such separate groups or corporations which form an integral part of a religious institution and which are included in a consolidated return filed by the parent organization are exempt from separate filing. Also exempt from filing are institutions which receive contributions of less than $25,000 per year and which have annual program service

39

revenue not exceeding $5 million. The information required under this section would be available to the public.

6. State Related Universities / Federal Government Instrumentalities Property owned by the state-related universities (Pennsylvania State, University of Pittsburgh,

Temple University, and Lincoln University) is deemed to be public property for the purposes of taxation. The public property exemption does not apply to property owned by the state-related university, but leased to a for-profit enterprise.

Real property owned by a corporation established by an Act of Congress of the United States, that is required to submit annual reports of its activities to Congress containing itemized accounts of all receipts and expenditures after being fully audited by the Department of Defense, is deemed to be property of a federal government instrumentality and thus exempt from all state and local taxation.

7. Effective Date. The bill took effect immediately upon the Governor’s signature (November 26, 1997). The

unfair competition and reporting sections take effect 120 days after enactment.

Comment: Although most states have defined charities in their tax codes or other statutes, this item may be of interest to states that want to clarify or update their definitions of charities. It also contains two provisions that may be unique (voluntary payment to localities) and (unfair competition clause). The “Statement” is excerpted from a state legislative summary. A copy of the Act is in the resource packet. The applicable language actually starts on page 17 of the bill.



Note to staff:


Note to staff:

40

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 Workers 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 Workers 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 workers 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.

Status: enacted into law, 1997.Comment: (99A-h) According to the Executive Director of the Idaho Industrial Commission, most states have legally defined limited liability companies. This Act is a minor technical correction to help the commission enforce the law. CSG found three states with limited liability company laws, Iowa, Maryland and New Hampshire. However, staff did not find the same provisions in those states relating to workers compensation as in this Idaho law.

Disposition of 11-99A-01:Scope: 99B( ) Refer to full Committee( ) Defer consideration: ( ) next Scope & Agenda Subcommittee mtg. ( ) next SSL cycle( ) Reject

Note to staff:(99A-h) Check to see if other states do this.


Note to staff:

41

11-99B-02 Tax Credits for School-to-Career InternshipsColoradoCH 247, Laws of 1997 (HB 97-1152)

This Act creates a tax credit of 10 percent of the amount that companies spend on wages, workers compensation, unemployment insurance and training expenses to be used to employ students or to allow students to participate in internships.

“Qualified school-to-career” program means a program that integrates school curriculum with job training and encourages placement of students in jobs or internships that will teach the students new skills and improve their school performance.




Note to staff:


Note to staff:

42

13-99B-01 Citizen ComplaintCaliforniaCH 416, Laws of 1997 (AB 206)

This Act is designed to help the public overcome the many frustrations of dealing withgovernmental agencies. This law makes it easier for consumers to register and resolve complaints with a state agency.

This law requires state agencies that maintain Internet web sites to provide plain-languagecomplaint forms on their web sites by July 1, 1998, or within six months of establishing a web site.

It requires state agencies to be consistent with statewide strategy for electronic commerce as established by the state department of information technology.

The Act allows a state agency to determine whether it will accept complaint forms via the Internet or through the mail.




Note to staff:


Note to staff:

43

13-99B-02 Computer Error and ImmunityNevadaSB 180 (enrolled version)

This law provides immunity to state officers and employees, and political subdivisions, fromany civil action based on or action for breach of contract that is caused by a computer that produced, calculated or generated an incorrect date, regardless of the cause of the error.

It is aimed at problems that may occur because current computer software may not recognize the year 2000 as a valid date.




Note to staff:


Note to staff:

44

13-99B-03 Local Government Service Delivery SystemsGeorgiaHB 489

This legislation requires each county and city in the state to execute a local governmentservice delivery strategy agreement by July 1,1999. Counties must initiate the process of commencing deliberations on the strategy before July 1, 1997, by contacting all municipalities wholly or partially within the county or providing services within the county and to other counties providing services within the county.

Municipalities may begin the same process if the county fails to do so by October 1, 1997.The strategy must contain components identifying all services provided, which local

government will provide services, funding sources, and mechanisms for implementation.The strategy must meet criteria to promote efficient, effective, and responsive service

delivery to avoid overlapping and unnecessary competition and duplication. The strategy shall provide that water and sewer rates not be higher outside the geographic boundaries ofa service provider, and disputes may be settled in a court of competent jurisdiction after a rate study by a qualified engineer and some form of alternative dispute resolution. After July 1, 1999, no state money can be issued to local governments which are not included in a verified service delivery strategy.

Strategies may be revised if necessary, due to: (1) updates of the comprehensive plan;(2) changes in service delivery or revenue distribution arrangements; or (3) the creation, abolition, or consolidation of local governments.




Note to staff:

Full: 99D( ) Include in Volume ( ) Defer consideration( ) Reject Note to staff:

45

13-99B-04 Year 2000OregonHB 2903

This Act recognizes that errors and problems may occur in state computers in the year 2000. The law directs the state administrative services department to develop and implement a plan to prevent such problems and establish a corps of state employees to work on them. The law also directs the department to establish agreements with state universities to develop courses that provide the training and skills to work on the year 2000 project in the state.




Note to staff:


Note to staff:

46

14-99B-01 State Transportation Infrastructure Bank (Note)

The 1995 National Highway System Designation Act enables states to establish “state infrastructure banks for making loans and providing other assistance to public and private entities” to build or maintain the nation’s transportation infrastructure. The national Act also grants consent to two or more states to enter an interstate compact to establish such a bank.

At least three states created these infrastructure banks in 1997, Louisiana, New Jersey andNorth Carolina. Louisiana Act 1372, New Jersey Chapter 142 and North Carolina S.L. 428 establish the framework and governing structure for such banks, including the authority to make loans and incur debt. However, no state has formed such a compact as of 1997.

Interested readers can contact the states to get a copy the laws.


Comment: The Louisiana, North Carolina and New Jersey laws are in the resource packet along with other supporting material.


Note to staff:


Note to staff:

47

14-99B-02 Public/Private PartnershipsNew JerseyCH 136

This Act gives the state department of transportation the authority to form partnerships with private companies for seven demonstration projects to develop the state’s transportation infrastructure, including roads, railroads bridges and tunnels. The department’s authority expires after five years.


Comment: Testimony about this Act is in the resource packet.



Note to staff:


Note to staff:

48

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

This Act makes it the policy of the state to encourage and work with the private sector to improve telecommunications services throughout the state, primarily through better networking of equipment, providers and facilities. Telecommunication services include telephones (voice and data), the Internet and related technologies. The law defines the terminology involved and sets standards for upgrading and integrating telecommunications components such as fiber optics and copper telephone lines.

Essentially a strategic planning document, the Act calls for creating a narrowband network, wideband network and a broadband network. Collectively, these would support ubiquitous, feature rich, standard, secure, private, survivable, robust, addressable switched, symmetric, affordable and available systems. They would also enable any-to-any voice, data, videoconferencing, graphics, imaging and multimedia communications. The law also calls for creating classes of network service to establish a service-based and value-base pricing model to ensure that all state residents can access the networks.

The law requires state agencies and local governments to adhere to the goals of the Act when they make rules or laws that affect telecommunications.


Comment: This abstract has been rewritten to clarify what the bill does, per notation (99A-l).

Disposition of 15-99A-04:Note to staff: (99A-l) Clarify what the bill does.

Scope: 99B( ) Refer to full Committee( ) Defer consideration: ( ) next Scope & Agenda Subcommittee mtg. ( ) next SSL cycle( ) RejectNote to staff:


Note to Staff:

49

16-99B-01A Online DisclosureCaliforniaCH 866, Laws of 1997 (SB 49)

This Act directs the secretary of state to develop and implement an on-line filing and disclosure system for statements and reports required to be filed by the Political Reform Act of

1974, as specified.It requires the secretary of state to accept test files from software vendors for purposes of

determining if their software is compatible with the secretary’s system for receiving data. The secretary of state must make public a list of acceptable test file software compatible with the their system.

The law requires all documents filed on a computer disk also to be filed on paper as the official filing for audit and legal purposes until the secretary of state determines the Internet filing system is working properly and effectively.

It makes on-line filing mandatory for all candidates, committees and lobbyists beginning July 1, 2000 for contributions or donations exceeding $50,000 in an election cycle for candidates, committees and slate mailer organizations and $5,000 in a calendar quarter for lobbyists.

The law requires the secretary of state to report to the legislature twice regarding the Internet filing system: once before the system becomes operational and again after the 2000 elections.


Comment: Seven other states are reported as having similar laws; Alaska, Florida, Hawaii, Illinois, North Carolina, Texas and Washington. North Carolina’s law is docket items 16-99B-01B.

16-99B-01B Electronic Filing/Campaign Finance ReformNorth CarolinaSL 515 (SB 1)

The Act amends state law to require the treasurer of campaign committees to file quarterlyreports with state board of elections during even-numbered years when there is an election for the candidate that the committee supports.

It requires lists of campaign donor contributions to include principal occupation of eachdonor. In reporting contributor's occupation, the treasurer must use occupational classifications established by the state board of elections. Candidate or committee reports are in compliance with state law if the treasurer shows best efforts have been made to obtain and submit information required by this law. However, the state board of elections must issue rules defining what are "best efforts." for purposes of this Act. The Act amends state law to require political party executive committees to report any expenditures that benefit a candidate or group of candidates, including the date, amount, and purpose of the expenditures as well as the names of and offices sought by the candidates on whose behalf the expenditures were made. It also requires candidates who benefit from the

50

expenditures to report the expenditures, or the candidate's proportionate share that benefited that candidate, as in-kind contribution if the candidate or committee has coordinated with thepolitical party executive committee concerning the expenditure. The law requires treasurers for candidates for statewide office; treasurers for state, district, county, and precinct executive committees of political parties; and treasurers for political committees that make contributions to candidates for statewide office or make independent expenditures that affect contests for statewide office, to file any required report electronically if report shows over $10,000 in contributions, expenditures, or loans. Electronic filing is subject to rules issued by the state board of elections. Under this Act, the state board of elections must provide full access to the public of campaign finance reports over the Internet as soon as feasible. The Act is also aimed at reducing data processing costs by requiring certain campaign finance reports to be filed electronically. Traditionally, campaign reports were filed manually, and keyed in by temporary employees. Electronic filing would eliminate the need to key in these campaign reports. The state board of elections does not have precise estimates of how much data entry time could be saved by electronic filing under this law. However, the board estimates that requiring electronic filing from statewide candidates, political parties and political action committees could enable the Board to avoid processing as much as 6,000 pages of data each year. The board believes a workload reduction of this magnitude could save roughly $4,000 per year in data entry time. The Act imposes civil penalties on people who do not file campaign reports on time. It closes the loophole for second primaries by amending state law defining "election," to provide that where a candidate is not on ballot in a second primary election, that second primary is not an "election" with regard to that candidate. (Previously, each contributor could contribute up to $4,000 to candidate for a second primary election even if candidate's name is not on ballot for that election.)

The law defines "limited contributor" as registered lobbyist, lobbyist's agent, or politicalcommittee that contracts with lobbyist, and "limited contributee" as a member of or a candidate for council of state or general assembly, or political committee whose purpose is to assist such a member or candidate. While the general assembly in regular session, the law forbids a limited contributee or agent to solicit contribution from limited contributor to that contributee or to any other candidate, office holder or political committee, or to solicit a third party to pass on the contribution to the prohibited contributor. During a regular session, limited contributors maynot make contribution to limited contributees, either directly or through another candidate, officeholder, or political committee, or transfer anything of value to any entity to transfer it to a limited contributees; also, limited contributees may not accept contribution from limitedcontributors during regular session. Violations are class 2 misdemeanors. The Act increases the amount from $1 to $2 that taxpayers can designate on their state income tax returns to be credited to a Political Parties Financing Fund.

Finally, it requires campaign treasurers to deposit every campaign contribution within 10 daysof receipt.

51



Note to staff:


Note to staff:



Note to staff:


Note to staff:

52

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

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

Delaware HB 49 (enacted in 1997) provides that no civil action for the recovery of damages for a cause of action shall be brought by any person who has been convicted of certain felonies when those people are injured while committing their crimes or attempting to avoid been captured for their crimes.

Minnesota Stat. 611A.08 (enacted in 1996) declares perpetrators assume the risk of loss, injury or death resulting from or arising out of a course of criminal conduct involving a violent crime, engaged in by the perpetrator or an accomplice. Crime victims are immune from and not liable for any civil damages as a result of acts or omissions of the victims if the victims use reasonable force.

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 victims.

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: This “Note” has been modified per notation (99A-m). Its “scope” has not been expanded to other topics because the person who requested such modifications changed their mind upon further reflection on the content of these bills.

Disposition of 17-98C-03:Scope: 99B( ) Refer to full Committee( ) Defer consideration: ( ) next Scope & Agenda Subcommittee mtg. ( ) next SSL cycle( ) Reject

Note to staff:(99A-m) Add a Minnesota law to this Note, expand on the scope of the Note.


Note to staff:

53

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.


Comment: (99A-n) - This law appears to be unique. Staff with the Texas Department of Corrections were not aware of other states with similar laws. The National Organization of Victims’ Assistance did not know about other states, nor did the National Victims Assistance Center. CSG staff did not find similar laws in other states.



Note to staff:(99A-n) Check to if other states do this.


Note to staff:

54

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.


Comment: The 1991 Suggested State Legislation contains a Sex Offender Act which is based on Minnesota 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 they

are out of prison. (99A-n) - Staff with the Florida Attorney General’s Office said this law has not been challenged in Florida courts as of 4/9/98. They do not anticipate challenges because state laws and the courts have traditionally granted wide latitude to state corrections departments to govern the behavior of offenders who are released conditionally under any circumstances (e.g., requiring drug testing). The main criteria for such restrictions is that they must relate to the offenders’ crimes. Staff with the American Parole and Probation Association (APPA) agree with these sentiments. However, neither the Florida AG’s office, Florida corrections department nor the APPA were aware of states that had the exact requirements as this Florida law.

CSG staff did not find other states with the same requirements for sex offenders as stipulated

under this law.

55

· Disposition of 17-99A-08:


Note to staff:(99A-n) Check to if other states do this.


Note to staff:

56

17-99B-01 Certificate of Expert Review in Professional MalpracticeMinnesotaCH 212

This Act requires certification of expert review in civil actions for malpractice against certain

professionals. Certification includes an affidavit of expert review.




Note to staff:


Note to staff:

57

17-99B-02 Mandatory Revocation of Driver’s License As Penalty For Defacing Colorado PropertyCH 263, Laws of 1997

This Act establishes criteria for revoking the driver’s license of people who deface property.




Note to staff:


Note to staff:

58

17-99B-03 No Frills PrisonAlaskaCH 49

This Act restricts the state corrections department from permitting certain amenities like televisions and computers in prisoner’s cells at state prisons or privately operated prisons. The Act establishes utility fees for prisoners who are permitted to possess small electrical appliances. It also enables correctional facilities to monitor and record the telephone conversations of prisoners.




Note to staff:


Note to staff:

59

17-99B-04 Automated Victim Notification SystemAlaskaCH 73, Laws of 1997 (SB 25)

This Act directs the state corrections department to establish an automated telephone service tonotify crime victims when there is a change in the status of their offender.


Comment: The American Probation and Parole Association staff and the National Victims’ Assistance Project staff say that although many localities and prisons are establishing automated notification systems, Alaska may be the only state that has mandated it on statewide basis for state facilities.

The 1985 SSL “Victim Notification of Offender Release Act” requires written notification

to crime victims when prisoners receive suspended sentences, probation, parole or an unconditional release.



Note to staff:


Note to staff:

60

17-99B-05 Anti-Drug Profiteering PenaltyNew JerseyCH 187 (Laws of 1997)

This Act imposes a new "anti-drug profiteering penalty" on people who deal large amounts of drugs for profit. The penalty, which would be imposed by the court upon the application of the prosecutor, would consist of $200,000 where the defendant is convicted of a crime of the first degree, $100,000 in the case of a crime of the second degree, $50,000 in the case of a crime of the third degree and $25,000 in the case of a crime of the fourth degree. Alternatively, the court would impose an amount equal to three times the street value of all controlled dangerous substances or controlled substance analogs involved, if this amount is greater. The penalty could be satisfied by a judgment against any of the defendant's assets.

Drug dealers could be subject to the penalty if any of the following four provisions apply: 1) The defendant was convicted of a violation as a leader of a narcotics trafficking network;

a leader of organized crime; or a racketeering offense which involved drug dealing. 2) The defendant is a "drug profiteer." The law provides that a defendant is a "drug

profiteer" when the conduct constituting the crime of which he was convicted shows that he "has knowingly engaged in the illegal manufacture, distribution or transportation of any CDS or drug paraphernalia as a substantial source of livelihood."

3) The defendant is a "wholesale drug distributor." The law provides that a defendant is a "wholesale drug distributor" when the conduct constituting the crime of which he was convicted involved the manufacture, distribution or intent to distribute a CDS to any other person for pecuniary gain, "knowing, believing, or under circumstances where it reasonably could be assumed that the other person would, in turn, distribute the CDS to another for pecuniary gain."

4) The defendant is a "professional drug distributor." The law provides that a defendant is a "professional drug distributor" if he, "at any time, for pecuniary gain, unlawfully distributed a CDS or drug paraphernalia to three or more different persons or on five or more separate occasions."

Status: enacted into law, 1997.Disposition of 17-99B-05:Scope: 99B( ) Refer to full Committee( ) Defer consideration: ( ) next Scope & Agenda Subcommittee mtg. ( ) next SSL cycle( ) RejectNote to staff:


61

5) 17-99B-06A Inmate Assaults with Body Fluids or Other Hazardous SubstancesColoradoCH 270 (Laws of 1997)

This Act directs that inmates commit a crime of assault in the second degree if they throw or expel infected body fluids or other hazardous material at prison employees or others who provide prison services. The law directs that inmates who commit such crimes can be tested for communicable diseases and that the test results can be disclosed to the crime victims.


17-99B-06B Testing for Blood-Borne PathogensVirginia

CH 722 (H 2174)

This Act establishes procedures to enable public safety employees and law enforcement officers to force certain people (e.g., accident victims and criminals) to be tested for hepatitis B and HIV when the employees or officers suspect they have been exposed to body fluids that carry these diseases.


62



Note to staff:


Note to staff:


Scope: 99B( ) Refer to full Committee( ) Defer consideration: ( ) next Scope & Agenda Subcommittee mtg. ( ) next SSL cycle( ) RejectNote to staff:


Note to staff:

63

17-99B-07A Chemical Castration for Sex OffendersFlorida97-184

This Act authorizes a court to sentence a defendant to be treated with medroxyprogesterone acetate (MPA) if the defendant is convicted of sexual battery. It provides for mandatory treatment with medroxyprogesterone acetate (MPA) upon a subsequent conviction of sexual battery.

The law also permits voluntary physical castration as an alternative penalty under specified circumstances.


17-99B-07B Chemical Castration for Sex OffendersGeorgiaHB 211

This Act authorizes people who are convicted of certain child molestation offenses to undergochemical hormone treatments as a condition of eligibility for probation and parole. The treatments involve administration of a chemical known as "medroxyprogesteroneacetate," which is believed to help suppress the drive toward molestation.

Treatment recipients are required to undergo a psychiatric evaluation by a qualified mentalhealth professional and to have counseling during treatment, at the expense of the recipient of the treatment. The program is to be administered through the state board of pardons and parole, and the treatments can be obtained from private or public licensed providers.

Immunity from civil and criminal liability is granted to physicians who Act in good faith inadministering the treatments. The law requires that potential recipients of the hormonal treatment be fully informed of the side-effects and give written consent prior to beginning the treatments.


17-99B-07C Chemical Castration for Sex OffendersMontanaCH 341 (HB 268)

This Act inserts clauses into state law to enable people who are convicted of sexual offenses to undergo medroxyprogestone acetate treatment or its chemical equivalent.


64



Note to staff:


Note to staff:

Disposition of 17-99B-07B:Scope: 99B( ) Refer to full Committee( ) Defer consideration: ( ) next Scope & Agenda Subcommittee mtg. ( ) next SSL cycle( ) Reject

Note to staff:


65

Disposition of 17-99B-07C:


Note to staff:


Note to staff:

66

17-99B-08 Public NuisanceFloridaCH 97-200

This Act amends state law that establishes prostitution, drug use and gang activity as public nuisances and authorizes local governments to impose administrative fines and other non-criminal penalties as expeditious ways to stop these activities. This Act enables local governments to impose additional penalties on the owners of places that have been declared public nuisances because of prostitution, drug-use or gang activity. Penalties include:

· fines;· payment of reasonable costs, including reasonable attorney fees associated with

investigations of and hearings on public nuisances;· providing for continuing jurisdiction for a period of 1 year over any place or premises that

has been or is declared to be a public nuisance;· penalties for recurring public nuisances; · recording of orders on public nuisances so that notice must be given to subsequent

purchasers, successors in interest or assigns of the real property that is the subject of the order; and

· foreclosure of property subject to a lien and the recovery of all costs, including reasonable attorney fees, associated with the recording of orders and foreclosure. No lien created pursuant to this section may be foreclosed on real property which is a homestead.

The legislation further specifies that a county or municipality is not prohibited from proceeding against a public nuisance by any other means.

Status: enacted into law, 1997.Comment: An analysis of this law by Florida legislative staff is attached to the law.Disposition of 17-99B-08:


Note to staff:


Note to staff:

67

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.


Comment: Staff counsel with Georgia’s Medical Assistance Department said this Act was developed using the state’s drug forfeiture law as a model. This Act was changed in 1998 to clarify the definition of abuse under the law, permit providers to post bond in lieu of forfeiting assets, and to ensure that the burden of proof for fraud rested on the state. Copies of the affected sections are in the resource packet.

The Medicare-Medicaid Anti-Fraud Act and Abuse Amendments of 1977 (PL 95-142) seems

to be the first federal law that is aimed at Medicaid fraud. Penalties under this law include restricting recipients’ eligibility, imposing fines and imprisonment. The Medicare and Medicaid Fraud, Abuse, and Waste Prevention Amendments of 1997 has the same type of penalties. Neither appear to reference forfeiting assets. As of 4/15/98, CSG staff are awaiting a call from the federal HHS Medicaid Fraud unit to see if forfeiting assets is permissible under federal law or regulations. The 1977 federal law was also the basis for establishing and funding state Medicaid Fraud units. Most states have Medicaid Fraud statutes and regulations. At least two have laws that permit the state to seize property that has been obtained because of Medicaid fraud, Ohio and Illinois. These laws are in the resource packet along with supporting material.



Note to staff:(99A-p) Check to see if other states do this and if federal law has affected this law.

68


69

18-99B-01A KanWorkKansasCH 198, Laws of 1996 (HB 2423)

The Personal Responsibility and Work Responsibility Act of 1996 (P.L. 104-193) allows states to test Temporary Assistance for Needy Families applicants for drug use. As of November 1997, Kansas, Louisiana, Maryland, Michigan, New Jersey and New York have enacted legislation to screen TANF recipients.

Kansas House Bill 2423, enacted in 1996, established a pilot project for alcohol and drug screening within the KanWork Program. Employment Preparation Services case managers interview all participants. If screening indicates substance abuse, participants are referred to Regional Alcohol and Drug Assessment centers. Further drug screening, assessment and treatment are mandatory. Those who do not cooperate are subject to sanctions and work program penalties.


18-99B-01B Healthy StartOhioHB 167

The Personal Responsibility and Work Responsibility Act of 1996 (P.L. 104-193) allows states to test Temporary Assistance for Needy Families applicants for drug use. As of November 1997, Kansas, Louisiana, Maryland, Michigan, New Jersey and New York have enacted legislation to screen TANF recipients.

Ohio passed HB 167 in 1996 to require pregnant women on Healthy Start or Medicaid enrolled in managed care to submit to drug screening. The screening is conducted at the earliest prenatal visit and throughout the pregnancy. The screening instrument is conducted by Medicaid service providers or doctors. Treatment is mandated if there is an indication of substance abuse.


70



Note to staff:


Note to staff:



Note to staff:


Note to staff:

71

18-99B-02 Self-employment AssistancePennsylvaniaPA 54, Laws of 1997

This Act authorizes the state labor department to establish a pilot program to pay a “self-employment assistance allowance” in lieu of unemployment benefits to people who are trying to start their own businesses. The program would also offer such people “self-employment assistance activities” such as entrepreneurial training, business counseling and technical assistance.




Note to staff:


Note to staff:

72

19-99B-01 Birth Defects Surveillance, Registration and TreatmentDelawareHB 197

This Act directs the state department of health and human services to establish a program to identify and treat children under 5 years old who have birth defects. The program will help fund such treatment.




Note to staff:


Note to staff:

73

19-99B-02 Grandparents as Foster ParentsMissouriHB 509

This Act creates the "Grandparents as Foster Parents Program" within the state department of social services. Grandparents who are 55 years of age or older who are the legal guardians of a grandchild placed in their care, who meet needs criteria established by the division of family services and in accordance with state appropriations, and who participate in parenting skills training are eligible for state-funded assistance under the welfare reform appropriations. Such assistance will provide reimbursement based on the current foster care payment schedule, support services including child care and transportation assistance, and Medicaid coverage for the grandchild. The program will also offer foster parent training, health screenings including childhood immunizations, and continuing counseling for the child and grandparent.




Note to staff:


Note to staff:

74

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: (99A-q) Alabama and Kentucky recently introduced “Student Religious Liberty Acts.” Alabama’s bill has the same title as this Tennessee law but different language. The Alabama bill was pending in committee as of 4/9/98. Alabama’s bill is docket item 20-99B-01A.

Kentucky enacted a law in April 1998. Kentucky’s law is similar to this Tennessee law. Theenacted version in Kentucky amended the original title from the “Student Religious Liberty Act” to something else, but the law retained the same basic language as the original bill. Kentucky’s Act is docket item 20-99B-01B.

CSG staff found two recent federal court cases dealing with student religious activities. OnNov. 12, 1997, in Michael Chandler v. Fob James et. al., a US District Court in Alabama apparently granted a motion for a summary judgment which held that student-led devotionals, containing prayers, violated the First Amendment. An excerpt from that case is in the resource packet.

The May 1997 Tennessee Attorney General’s opinion that is attached to this Act says “the USSupreme Court’s upcoming decision in City of Boerne v. Flores concerning the constitutionality of the “Religious Freedom Restoration Act of 1993 (RFRA)” may provide additional guidance in this area.” In June 1997 the Court ruled in that case that the RFRA was unconstitutional. A copy of RFRA and a summary of the Court’s ruling are in the resource packet. However, given that Alabama’s bill is still viable in April 1998 and Kentucky’s law was enacted in 1998, it is unclear whether these two cases impact this Act, the Alabama bill or Kentucky law on this docket.

As of 4/13/98, CSG staff were awaiting a call from this Act’s sponsor and the TennesseeAttorney General’s office to see whether they anticipate litigation over this law.

Disposition of 20-99A-05:Scope: 99B( ) Refer to full Committee( ) Defer consideration: ( ) next Scope & Agenda Subcommittee mtg. ( ) next SSL cycle( ) RejectNote to staff:(99A-q) Check to see if there are any federal court cases on this law and whether other states have adopted similar laws.

75


Note to staff:

76

20-99B-01A Student Religious LibertyAlabamaSB 82

This bill would create a safe harbor for public schools desiring to comply with judicialdecisions concerning religion and free speech. The bill specifies when certain religious behavior on public school property is acceptable and not acceptable. It also provides for specific administrative remedies and the institution of legal action challenging public school policy.

Status: Pending in a House committee as of 4/9/98.

20-99B-01B Student Religious LibertyKentucky HB 2

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.


77



Note to staff:


Note to staff:



Note to staff:


Note to staff:

78

20-99B-02 Teacher Training/EvaluationSouth CarolinaAct No. A72

This Act amends state law to direct the state department of education to:(a) develop and implement a plan for the continuous evaluation and upgrading of standards for program approval of undergraduate and graduate education training programs of colleges and universities in the state;(b) adopt policies and procedures which result in visiting teams with a balanced composition of teachers, administrators, and higher education faculties;(c) establish program approval procedures which shall assure that all members of visiting teams which review and approve undergraduate and graduate education programs have attended training programs in program approval procedures within two years prior to service on such teams;(d) render advice and aid to departments and colleges of education concerning their curricula, program approval standards, and results on the examinations provided for in this chapter;(e) adopt program approval standards so that all colleges and universities in the state that offer undergraduate degrees in education shall require that students successfully complete the basic skills examination that is developed in compliance with this chapter before final admittance into the undergraduate teacher education program.

This includes: (1) adopting a basic skills examination in reading, writing, and mathematics that is suitable for determining whether students may be admitted fully into an undergraduate teacher education program. The examination must be designed so that results are reported in a form that shall provide colleges, universities, and students with specific information about his strengths and weaknesses. Procedures, test questions, and information from existing examinations must be validated in accordance with current legal requirements. The passing score on the examination shall be set at a level that reflects the degree of competency in the basic skills that, in the judgment of the State Board of Education, a prospective school teacher reasonably is expected to achieve;(2) adopting nationally recognized teaching examinations that measure the cognitive teaching area competencies desired for initial job assignments in typical elementary and secondary schools in this State. The examinations shall contain a minimum amount of common or general knowledge questions. They shall be designed so that results are reported in a form that provide a student with specific information about the student'sstrengths and weaknesses. Procedures, test questions, and information from existing examinations and lists of validated teacher competencies are used to the maximum extent in the development of the examinations.

An examination that is completely developed by an organization other than the special project may be considered for use as a whole only if the State Board of Education concludes that the development and maintenance of a specific area test is impractical or would necessitate exorbitant expenses. The examinations must be validated. The teaching

79

examinations must be developed or selected only for those areas in which State Board of Education approved area examinations are not available;(3) using nationally recognized specific teaching area examinations approved by the State Board of Education for certification purposes. The qualifying scores on the area examinations shall be set at the same level at which they are now set. The State Board of Education shall examine these levels to determine if adjustments are required. Periodic examinations shall be made to assure the validity of qualifying scores. The qualifying scores may be adjusted if new legal requirements or validity studies indicate the adjustments are necessary. In an area in which an area teaching examination approved by the State Board of Education is not available, the state board shall use the teaching examinations developed in accordance with this section for certification purposes as soon as those examinations are prepared, validated, and ready for use;(4) reporting the results of the teaching examinations to the student in written form that provides specific information about the student's strengths and weaknesses. Every effort must be made to report the results of the area examinations and common examinations in written form that provides specific information about the student's strengths and weaknesses;(5) reporting to each teacher training institution in the State the performance of the institution's graduates on the teaching examinations. The report to the institution must be in a form that assists the institution in further identifying strengths and weaknesses in its teacher training programs;(6) providing for the security and integrity of the tests that are administered under the certification program as currently provided by the State Department of Education;(7) awarding a teaching certificate to a person who successfully completes the scholastic requirements for teaching at an approved college or university and the examination he is required to take for certification purposes;(8) awarding a conditional teaching certificate to a person eligible to hold a teaching certificate who does not qualify for full certification under item(7) above provided the person has earned a bachelor's degree from an accredited college or university with a major in a certification area for which the board has determined there exists a critical shortage of teachers, and the person has passed the appropriate teaching examination.

The board may renew a conditional teaching certificate annually for a maximum of three years, if the holder of the certificate shows satisfactory progress toward completion of a teacher certification program prescribed by the board. In part, satisfactory progress is the progress that the holder of a conditional certificate should complete the requirements for full certification within three years of being conditionally certified.


80



Note to staff:


Note to staff:

81

20-99B-03 Educational ChoiceConnecticutPA97-290 (HB 6890)

This Act authorizes a variety of ways to create an interdistrict public school choice program in

order to reduce racial, ethnic and economic isolation of certain students. Methods include:· interdistrict magnet school programs; · charter schools; · interdistrict after-school, Saturday and summer programs and sister-school projects; · intradistrict and interdistrict public school choice programs;· interdistrict school building projects;· minority staff recruitment; and · distance learning through technology.The Act directs the state board of education to develop a five-year plan to ensure racial and

economic diversity among schools.

Status: enacted in law, 1997.



Note to staff:


Note to staff:

82

20-99B-04 Private School Tuition; Tax CreditArizonaCH 48, Laws of 1997

This Act establishes criteria for $500 tax credit for voluntary contributions to school tuition organizations. School tuition organizations are charitable organizations that devote at least ninety percent of their annual revenue to educational scholarships or tuition grants to children to allow them to attend any qualified school of their parents’ choice.




Note to staff:


Note to staff:

83

20-99B-05 Higher Education Technology InfrastructureNew JerseyCH 238, Laws of 1997

This Act creates an authority and a fund to provide money to develop the video, voice and data telecommunications infrastructure between state colleges and universities. The authority can issue bonds or notes to raise money for the fund and make grants from the fund. The authority can also enter into agreements with colleges and universities to “finance the acquisition of higher education technology infrastructure by the institution.”




Note to staff:


Note to staff:

84

20-99B-06 Excellent Schools (Statement)North Carolina S 272

This 1997 Act raises student performance standards. It adds a new section to state law to assure teacher competency. The law requires that staff members working in low-performing schools demonstrate competency in their certification area. The state board of education must develop a plan to require the same test of all teachers in low performing schools. The law requires remediation training of staff members who fail to meet competency standards and calls for the eventual dismissal of teachers who fail to be certified, after remediation, testing, and more remediation. The legislation requires the board of governors of the state university to designate constituent institutions to provide the training. The law also requires reports on development of student academic performance standards for kindergarten through eighth grade by a set date.

The Act sets standards for entering the teacher profession. It requires all non special-education teachers to have demonstrated competencies in the identification and education of children with learning disabilities. All state institutions offering undergraduate and graduate teacher education must provide annual performance reports to the state board of education. The state board must develop a plan to provide review of teacher education programs and an annual report for each training program, which would include graduation rates, scores on competency tests, and percentage of graduates receiving initial certification. The board must report to the legislature about this performance reporting. The board must conduct a teacher supply and demand study and report on its results to the legislature by a set date. The board of governors of the state university must also report to the legislature on its effort to improve teacher preparation through implementation of a second major requirement.

The law requires the state board of education to make the standard initial certificationexamination more rigorous and requires the state board of education to report to the legislature the results of its review of admission standards for teacher education programs and initial certification requirements.

The Act directs the state board of education to develop more rigorous standards for continuing certification and changes the requirements for teachers who have not received continuing certification prior to a set date.

The law changes the provisions of the state teacher mentor program, including requirements that state board study new teacher needs and develop guidelines addressing optimum working conditions, in topics such as teaching load and extracurricular duties. It clarifies provisions concerning performance standards for school administrators and specifies that board of governors of the state university must develop training programs for school administrators. The law requires that teachers who have not attained career status must be observed three times annually by a school administrator, once by a teacher, and evaluated at least once annually by a schooladministrator. Teachers who have not attained career status before July 1, 1998 will be reviewed for career teacher status at the end of the fourth, fifth, and sixth year of employment. The legislation prohibits a local board of education from re-employing a teacher after a sixth year of employment if (a) the board fails to vote on granting career status, (b) a majority of the board votes against granting career status, or (c) the board vote on this issue results in a tie.

85

The law requires the state board of education to monitor and make recommendations about professional development programs and to require that the board of governors of the state university to administer such programs.

The law expands the meaning of "demote" to include items such as reduction of bonuspayments, reduction in salary as a result of elimination of a special duty provisions for removing poor teachers from the classroom, and transfer of a career school administrator. It defines school administrator.

The Act revises salary schedules as an effort to attract and retain high quality teachers. Finally, the law sets goals for funding the State Board of Education's teacher supply and

demand study, funding training of case managers, and funding development of revised uniform performance standards.

Interested readers should contact North Carolina to get a copy of this legislation.

Status: Enacted into law as CH 97-0021 in 1997.



Note to staff:


Note to staff:

86

21-99A-02 Genetic Information PrivacyIllinoisPA 90-25 (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.




Note to staff:


Note to staff:

87

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

This Act requires hospital or medical services plans to cover a minimum 48 hour timeperiod in a hospital after a mastectomy, and a minimum of 24 hours after a axilary node dissection.




Note to staff:


Note to staff:

88

21-99B-01 Premium SharingArizonaCH 186 (Laws of 1997)

This Act authorizes a state health agency to set up a demonstration program to provide healthinsurance to uninsured and chronically ill people. The law directs a state health agency to contract with a private insurance carrier to provide the insurance and uses state funds to offset the cost of the premiums to program enrollees.




Note to staff:


Note to staff:

89

21-99B-02 Experimental Medical TreatmentGeorgiaHB 341

This Act gives persons with life-threatening or chronically disabling illness or disease the right to be treated by physicians with any experimental or unconventional medical treatment that the individual desires or such person’s legal representative authorizes. Physicians may offer such treatments if there is no reasonable basis to conclude that the medical treatment itself poses an unreasonable and significant risk of danger to the individual. The patient must give an informed consent which acknowledges the experimental nature of the treatment and therisks and probable side effects of the treatment.


Comment: The subcommittee referred a Maryland law on experimental medical disclosure to the SSL Committee. However, the Maryland Act addresses insurance company procedures to track emerging treatments and providing access to such treatments. This law focuses on the legality of administering experimental treatments to patients.



Note to staff:


Note to staff:

90

*24-98A-03 Livestock ManagementIllinoisHB 3151 (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.


Note to staff:


Note to staff:

91

*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 governing the collection, storage or application of 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.Comment: (99A-s) North Carolina legislative staff say the only “updates” to this bill are contained the 1997 general budget bill (SB 352) and in HB 515, “The Clean Water Responsibility Act of 1997.” Provisions in SB 352 generally delay the implementation of requirements that relate to dairy farm permits. A summary of the relevant sections from SB 352 is in the resource packet.

Provisions in the clean water legislation, among other things, call for a moratorium on constructing swine farms. HB 515 is docket item 24-99B-01, however, it is not generally viewed as a rewrite of CH 626 because it is more aimed at controlling source point discharges than animal wastes.

Disposition of 24-98B-01:Scope: 99B( ) Refer to full Committee( ) Defer consideration: ( ) next Scope & Agenda Subcommittee mtg. ( ) next SSL cycle( ) RejectNote to staff:(99A-s) Get 1997 update of this bill.


92

24-99B-01 Clean Water Responsibility ActNorth CarolinaHB 515

Part I of this Act establishes a two-year moratorium on the construction or expansion of swine farms, lagoons and animal waste management systems for swine farms (250 swine). The moratorium is effective from March 1, 1997 to March 1, 1999.

Part II authorizes counties to adopt zoning regulations for swine farms served by an animal waste management system having a design capacity of 600,000 pounds steady state live weight or more. Zoning regulations adopted by counties may not exclude swine farms from the entire zoning jurisdiction and will not apply to swine farms in existence at the time the ordinance is adopted.

Part III directs the state Environmental Management Commission to adopt standards to control the emission of odors from animal operations, including swine, cattle, horses, sheep and poultry, by March 1, 1999.

Part IV prohibits the construction of any component of a liquid animal waste management system serving an animal operation, other than a land application site, on land that is located within the 100-year flood plain. This part also adds the county manager and the local health director to the written notification requirements of the state's Swine Farm Sitting Act.

Part V adds the existence of a comprehensive land-use plan to the priority criteria for receiving a grant or loan from the NC Clean Water Revolving Loan and Grant Fund. The Division of Community Assistance is required to provide technical assistance to any economically distressed local unit of government requesting assistance with the preparation and development of a land-use plan. The Environmental Management Commission must develop priority criteria for modifications to wastewater treatment facilities required to meet nitrogen andphosphorous limits for surface waters.

Part VI prohibits facilities that discharge into Nutrient Sensitive Waters or into other surface waters where nitrogen is a nutrient of concern from discharging more than an amount of nitrogen than would result from a permitted flow at 4.0 milligrams per liter (mg/l). Also prohibits facilities that discharge into surface waters where phosphorous is a nutrient of concern from discharging more than an amount of phosphorous than would result from a permitted flow at 2.0 mg/l. Facilities subject to the nitrogen and phosphorous discharge limits may form cooperativeagreements in order to satisfy the limits.

Part VII directs the Environmental Management Commission to develop model stormwater management programs that may be implemented by state agencies and local units of government. Also requires the Department of Transportation to work with the Division of Water Quality tocomplete the development of a statewide stormwater management permit to govern all programs administered by Transportation.

Part VIII requires the Environmental Management Commission to develop and implement a basinwide water quality management plan for each of the state's 17 major river basins. Also requires all point and nonpoint sources of nutrients and toxins to be considered in the development and implementation of these plans. The Environmental Management Commission is directed to increase its efforts to involve the public in the development and implementation of basinwide water quality management plans.

93

Part IX establishes a certification and training program for persons who apply soil enriching nutrients to golf courses and prohibits the owner or person in control of a golf course from allowing an uncertified person from applying soil enriching nutrients to the golf course. The Water Pollution Control System Operators Certification Commission (WPCSOCC) is directed to develop and administer the certification program and to establish a training program for persons who apply soil enriching nutrients to golf courses.

Part X requires the development of a Violation Points System applicable to permits for animal waste management systems for swine farms. DEHNR is required to develop a recommended system of civil penalties applicable to integrators of swine operations. The part also directs theEnvironmental Management Commission to study the issue of liability for cleanup costs and appropriate penalties for integrators of swine operations if an operator commits a willful or grossly negligent violation that results in significant environmental damage.

Part XI requires the Secretary of DEHNR to refer to the State Bureau of Investigation the possible commission of any criminal offense of any person or facility that discharges waste in a manner that significantly violates State law related to water and air resources on two or moreseparate occasions in any three-year period and requires applicants for a permit to discharge to demonstrate the applicant is financially qualified to carry out the activity for which the permit is required.

Part XII directs the Environmental Review Commission to study various issues related to best management practices and other measures to improve, protect and educate the public about water quality.

Part XIII authorizes the Environmental Management Commission to assume control of and operate a publicly owned treatment works that persistently fails to comply with federal and State laws for the protection of public health and the environment. Prior to assuming control, thecommission must consult with the Local Government Commission and provide notice of intent to assume control and steps that may be taken to come into compliance to the unit of local government that owns or operates the publicly owned treatment works.

Part XIV repeals a residual "Hardison" amendment that prohibits the adoption of effluent standards for animal feeding operations more stringent that those adopted by the federal government, and contains effective dates. Section 14.4(a) makes the required components of each basinwide water quality management plan effective January 1, 1998. Section 14.4(b) makes the provision requiring certification of persons applying soil enriching nutrients to golf courses effective July 1, 1998. Section 14.4(c) makes all other sections of this Act effective when the Act becomes law.


Comment: (99A-s) North Carolina legislative staff say the only “updates” to this bill are contained the 1997 general budget bill (SB 352) and in HB 515, “ The Clean Water Responsibility Act of 1997” (became S.L. 458). Provisions in SB 352 generally delay the implementation of requirements that relate to dairy farm permits. A summary of the relevant sections from SB 352 is in the resource packet.

Provisions in the clean water legislation, among other things, call for a moratorium on constructing swine farms. HB 515 is docket item 24-99B-01, however, it is not generally viewed

94

as a rewrite of CH 626 because it is more aimed at controlling source point discharges than animal wastes.



Note to staff:


Note to staff:

95

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.


Comment: (99A-t) CSG Environmental Affairs staff say the US EPA requires concentrated animal feeding operations to get a permit under the National Pollutant Discharge Elimination Program (CFR Title 40, I 122). However, the states typically administer the program. The applicable CFR sections are listed on the next pages.

96

TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)PART 122--EPA ADMINISTERED PERMIT PROGRAMS: THE NATIONAL POLLUTANT

DISCHARGE ELIMINATION SYSTEM--Table of Contents Subpart B--Permit Application and Special NPDES Program Requirements

Sec. 122.23 Concentrated animal feeding operations (applicable to State NPDES programs, see Sec. 123.25). (a) Permit requirement. Concentrated animal feeding operations are point sources subject to the NPDES permit program. (b) Definitions. (1) Animal feeding operation means a lot or facility (other than an aquatic animal production facility) where the following conditions are met: (i) Animals (other than aquatic animals) have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and (ii) Crops, vegetation forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility. (2) Two or more animal feeding operations under common ownership are considered, for the purposes of these regulations, to be a single animal feeding operation if they adjoin each other or if they use a common area or system for the disposal of wastes. (3) Concentrated animal feeding operation means an ``animal feeding operation'' which meets the criteria in appendix B of this part, or which the Director designates under paragraph (c) of this section. (c) Case-by-case designation of concentrated animal feeding operations. (1) The Director may designate any animal feeding operation as a concentrated animal feeding operation upon determining that it is a significant contributor of pollution to the waters of the United States. In making this designation the Director shall consider the following factors: (i) The size of the animal feeding operation and the amount of wastes reaching waters of the United States; (ii) The location of the animal feeding operation relative to waters of the United States; (iii) The means of conveyance of animal wastes and process waste waters into waters of the United States; (iv) The slope, vegetation, rainfall, and other factors affecting the likelihood or frequency of discharge of animal wastes and process waste waters into waters of the United States; and (v) Other relevant factors. (2) No animal feeding operation with less than the numbers of animals set forth in appendix B of this part shall be designated as a concentrated animal feeding operation unless: (i) Pollutants are discharged into waters of the United States through a manmade ditch, flushing system, or other similar manmade device; or (ii) Pollutants are discharged directly into waters of the United States which originate outside of the facility and pass over, across, or through the facility or otherwise come into direct contact with the animals confined in the operation.

97

(3) A permit application shall not be required from a concentrated animal feeding operation designated under this paragraph until the Director has conducted an on-site inspection of the operation and determined that the operation should and could be regulated under the permit program. Sec. 122.24 Concentrated aquatic animal production facilities (applicable to State NPDES programs, see Sec. 123.25). (a) Permit requirement. Concentrated aquatic animal production facilities, as defined in this section, are point sources subject to the NPDES permit program. (b) Definition. Concentrated aquatic animal production facility means a hatchery, fish farm, or other facility which meets the criteria in appendix C of this part, or which the Director designates under paragraph (c) of this section. (c) Case-by-case designation of concentrated aquatic animal production facilities. (1) The Director may designate any warm or cold water aquatic animal production facility as a concentrated aquatic animal production facility upon determining that it is a significant contributor of pollution to waters of the United States. In making this designation the Director shall consider the following factors: (i) The location and quality of the receiving waters of the United States; (ii) The holding, feeding, and production capacities of the facility; (iii) The quantity and nature of the pollutants reaching waters of the United States; and (iv) Other relevant factors. (2) A permit application shall not be required from a concentrated aquatic animal production facility designated under this paragraph until the Director has conducted on-site inspection of the facility and has determined that the facility should and could be regulated under the permit program.

Disposition of 21-99A-01:Scope: 99B( ) Refer to full Committee( ) Defer consideration: ( ) next Scope & Agenda Subcommittee mtg. ( ) next SSL cycle( ) Reject

Note to Staff:(99A-t) Check to see if there are federal regulations governing the issue.


Note to Staff:

98

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.




Note to Staff:


Note to staff:

99

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.

Comment: (99A-u) This legislation replaces the "Georgia Plant Food Act of 1989." Many of this 1997 Act’s provisions bring Georgia into conformity with the Uniform State Fertilizer Bill. To legally distribute fertilizer, one must obtain a license from the commissioner by July 1 of each year. The license fee is $50.00 per year. A licensee can not distribute a specialty fertilizer until it is registered with the commissioner, and all specialty products sold in containers of ten pounds or less will require a $50.00 fee for each brand of each grade. No fee is required for specialty products in larger sizes. All nonresident licensees must comply with the "Department of Agriculture Registration, License, and Permit Act." Fertilizers must be labeled with the following information: net weight, brand and grade, guaranteed analysis, name and address of the licensee, and sources from which all plant nutrients are derived, if added, guaranteed,

100

· claimed, or advertised. The commissioner must sample and analyze fertilizers and inspect the storage of bulk fertilizer, and samples taken to establish a penalty for nutrient deficiency must be retained for at least 90 days. The bill establishes a 30¢ per ton inspection fee to be paid to the commissioner for all fertilizer distributed to non-licensees except for fertilizer in containers of less than 10 pounds. Each licensee must provide a quarterly report on the amount of fertilizer distributed to non-licensees.

The bill provides for a penalty of 10 percent of the guaranteed commercial value if a sample

shows a deficiency in one of the primary plant nutrients, and a penalty of two times the difference in the found commercial value and the guaranteed commercial value if the found value is less than the guaranteed value. If the found value is less than 97 percent of the guaranteed value, the penalty is four times the difference. The bill also establishes penalties for excessive chlorine in tobacco fertilizer and for deficiency in secondary and micro plant nutrients. This legislation also prohibits the distribution of misbranded and adulterated fertilizer. The commissioner is authorized to determine if a label ingredient contributes to plant growth, and if it is worthless, the commissioner may prohibit its use. If any fertilizer is found to be short in weight, the licensee must pay a consumer a penalty of four times the value of the shortage.

The commissioner is authorized to revoke the license of anyone who uses fraudulent or deceptive practices. The commissioner may issue stop-sale, stop-use, and removal orders. And the commissioner may seize lots not in compliance with these provisions. The commissioner may also apply to the court for a temporary or permanent injunction.

The bill does not require the commissioner to report minor violations for prosecution or to institute seizure proceedings for minor violations; however, it is the duty of each prosecuting attorney to whom any violation is reported to institute proceedings.

CSG staff was not able to find out how many states have enacted the Uniform State Fertilizer

Bill referenced above.


101

Disposition of 24-99A-3A:


Note to staff:(99A-u) Check to see if other states do this.


Note to staff:

Disposition of 24-99A-03B:


Note to staff:


Note to staff:

102

· 24-99B-02 FertilizerWashington

CH 36, Laws of 1998

This Act declares an intent to strengthen the state's fertilizer adulteration laws to protect human health and the environment by:

1. ensuring that all fertilizers meet standards for allowable metals;2. allowing fertilizer purchasers and users to know about the contents of fertilizer products;

and;3. clarifying the department of ecology's oversight authority over waste-derived fertilizers.

The law directs the state department of ecology, in conjunction with the departments ofagriculture and health, to undertake a study of whether dioxins occur in fertilizers, soil amendments, and soils and if so, at what levels. The department of ecology shall seek additional financial and technical assistance from appropriate federal agencies, the fertilizer industry, and other appropriate sources in conducting this study.



Note to staff:


Note to staff:

103

csg commitee onssl.csg.org/dockets/docketsdoc/may98sc.doc · web viewsuggested state legislation....

Documents