CSG Shared State Legislation | 2021B by The Council of State Governments

Submissions to The Council of State Governments Shared State Legislation Committee should be sent to staff at least eight weeks in advance of the next scheduled SSL committee meeting in order to be considered for that meetingâ&#x20AC;&#x2122;s docket. Submissions received after this deadline will be held for a later meeting. The status of any item on this docket is listed as reported by the submitting stateâ&#x20AC;&#x2122;s legislative website or by telephone from state legislative service agencies and legislative libraries. Abstracts of the legislation on CSG SSL dockets and in CSG SSL volumes are usually compiled from bill digests and state legislative staff analyses.

CSG COMMITTEE ON

SHARED STATE LEGISLATION

2021 CYCLE DOCKET BOOK B

December 8, 2020 December 9, 2020

This docket and referenced legislation may be downloaded from www.csg.org/ssl.

SSL PROCESS With the goal of sharing innovations in state policy, the CSG Shared State Legislation (SSL) Committee identifies, curates and disseminates state legislation on topics of major interest to state leaders. Committee members include two state legislators and one state legislative staff person appointed from each member jurisdiction. No private sector entities are permitted to serve on the CSG SSL Committee. CSG SSL Committee members meet several times a year to consider legislation. The items chosen by the committee are published online at www.csg.org/ssl after every meeting and are then compiled into an annual online CSG Shared State Legislation volume. The consideration or dissemination of such legislation by the CSG SSL Committee does not constitute an endorsement nor will CSG advocate for the enactment of any such legislation in any member jurisdictions. CSG SSL Committee members, other state officials and their staff, CSG Associates and CSG staff may submit legislation directly to the committee. 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 many bills or laws to fill the dockets of a 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 SSL meeting. Items submitted after that date are typically held for a later meeting. 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 “model” legislation or an interstate compact. In this case, the committee strongly prefers to examine state legislation that enacts the uniform or model law, or interstate compact. The CSG SSL Committee does not draft or create “model” legislation. In order to facilitate the selection and review process on any submitted legislation, it is particularly helpful to include information on the status of the legislation, an enumeration of other states with similar provisions, and any summaries or analyses of the legislation. Legislation and accompanying materials may be submitted to the CSG Shared State Legislation Program, The Council of State Governments, 1776 Avenue of the States, Lexington, Kentucky 40511, (859) 244-8000, fax (859) 244-8001, or ssl@csg.org.

SSL CRITERIA

(1) Does this bill:

a) Address a current state issue of national or regional significance; b) Provide a benefit to bill drafters; and c) Provide a clear, innovative and practical structure and approach?

(2) Did this legislation become law?

The word â&#x20AC;&#x153;Actâ&#x20AC;? as used herein refers to both proposed and enacted legislation. Attempts are made to ensure that items presented to the CSG SSL Committee are the most recent versions. However, interested parties should contact the originating state for the ultimate disposition of any docket entry in question, including substitute bills and amendments. Furthermore, the SSL Committee does not guarantee that entries presented on its dockets or in a digitally published CSG Shared State Legislation volume represent the exact versions of those items as enacted into law, if applicable.

PRESENTATION OF DOCKET ENTRIES

Docket ID# Title State/source Bill/Act Summary: [These are typically 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.]

Comment: [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 SSL Committee.]

SSL Committee Meeting: Year A or B

( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

Comments/Note to staff

*Item was deferred from the previous SSL cycle

SSL DOCKET CATEGORIES â&#x20AC;&#x201C; 2021B and later 1. Agriculture 2. Commerce and Labor 3. COVID-19 4. Education 5. Environment 6. Government 7. Health 8. Justice 9. SEED 10. Technology 11. Transportation

2021 SSL CYCLE Docket 41B

ITEM NO. TITLE OF ITEM UNDER CONSIDERATION (*) Indicates item is carried over from previous SSL cycle.

SOURCE

Contents

(01) AGRICULTURE 01-41B-01

Establishes the Hemp Advisory Committee to Provide Advice to Certain Agencies

01-41B-02

Animals: Prohibition on Use in Circuses

01-41B-03

Fur Products: Prohibition

01-41B-04

Animal Cruelty & Abuse

(02) COMMERCE AND LABOR 02-41B-01* Law Recognizing Cryptocurrency as Money

02-41B-02* Special Purpose Depository Institutions

02-41B-03

Gaming, E-sports, and Sports Wagering

02-41B-04

State Sales and Use Tax Provisions

02-41B-05

Designated Distributors

02-41B-06

Liquor Licenses

02-41B-07

Special Liquor Licenses

02-41B-08

Barber Training Requirements

02-41B-09

Small Business Recovery Act of 2020

02-41B-10

Alcohol Home Delivery Law (Includes Liquor)

02-41B-11

Relating to Paid Family and Medical Leave

02-41B-12

An Act Relating to Employment; Prohibiting the Denial of Employment Because of the Presence of Marijuana 6

in a Screening Test Taken by a Prospective Employee with Certain Exceptions

(03) COVID-19 03-41B-01

Urges and Requests the Louisiana Department of Health to Study and Report on the Matter of Racial Disparities in COVID-19 Death Rates in this State LA

03-41B-02

Relates to Establishing a Coronavirus Disease 2019 (COVID-19) Public Employee Death Benefit

03-41B-03

Elections: Vote by Mail Ballots

03-41B-04

Learning Online Initiative

03-41B-05

Health Insurance Affordability Enterprise

03-41B-06

High Risk Population Protection Amendments

03-41B-07

Election Procedures

03-41B-08

Liquor Control Act

03-41B-09

COVID Testing

03-41B-10

Revised Uniform Law on Notarial Acts

03-41B-11

Uniform Electronic Wills Act

(04) EDUCATION 04-41B-01

Naturalization Examination

04-41B-02

Workforce Education Investment Funding

04-41B-03

Teacher Preparatory Programs

04-41B-04

Schools Requiring Advanced Placement Courses

04-41B-05

Intercollegiate Athlete Compensation and Rights

(05) ENVIRONMENT 05-41B-01

Lodging Establishments: Personal Care Products: Small Plastic Bottles

05-41B-02

Energy Transition Act

05-41B-03

Plastic Bag Bill

05-41B-04

Environmental Justice Communities

NJ 7

05-41B-05

Relating to Forests; and Declaring an Emergency

05-41B-06

An Act to Implement Recommendations of the Department of Environmental Protection Regarding the Stateâ&#x20AC;&#x2122;s Mercury-added Lap Law

A Bill for an Act Relating to Natural Resources; Accelerating Public Drainage System Acquisition and Compensation of Ditch Buffer Strips; Providing Runoff and Sediment Option when Charging for Public Drainage Ditch Repairs

05-41B-08

Concerning Wildfire Prevention

05-41B-09

Utility Infrastructure

05-41B-10

An Act to Require the Office of Parks, Recreation and Historic Preservation to Create a Plan Regarding Non-motorized Multi-use Trails

Virginia Geographic Information Network; Transfer of Responsibilities

An Act Amending Title 35 (Health and Safety) of the PA Consolidated Statutes, in 911 Emergency Communication Services

05-41B-07

05-41B-11 05-41B-12

(06) GOVERNMENT 06-41B-01

Deepfakes and Election Security

06-41B-02

Public Financing of Construction Projects

06-41B-03

State Officials and Employees Ethics Act

06-41B-04

Advance Ballot Voting

06-41B-05

Revises Provisions Related to Elections

06-41B-06

Concerning the Implementation Colorado Secure Savings Program

Oklahoma Open Meeting Act

06-41B-07

(07) HEALTH 07-41B-01

Surprise Billing Protections

07-41B-02

An Act Making Appropriations for the Support of the State Government and the Several Public Purposes for

the Fiscal Year Ending June 30, 2020 and Regulating the Disbursement Thereof

07-41B-03

Short-Term Insurance Plans

07-41B-04

Emergency Insulin Assistance Program

07-41B-05

Hearing Loss Reporting Criteria

07-41B-06

Authorize Individuals to Wear Masks and Face Coverings for Health Purposes

07-41B-07

Reproductive Health Bill (Fertility Fraud)

07-41B-08

Authorizes the Recommendation of Medical Marijuana for Additional Conditions and Allows Any State-Licenses Physician to Recommend Medical Marijuana

07-41B-09

Insulin Access Amendments

07-41B-10

Drug Price Transparency

07-41B-11

Prescription Drug Supply Chain – Pay for Delay

07-41B-12

Telemedicine/COVID-19

07-41B-13

Telemedicine

07-41B-14

Public Health – Maternal Mortality and Morbidity – Implicit Bias Training and Study

07-41B-15

California Dignity in Pregnancy and Childbirth Act

07-41B-16

Suicide Prevention Programs

(08) JUSTICE 08-41B-01

Second Chance Act

08-41B-02

An Act Relating to Crimes and Punishments

08-41B-03* Civil Forfeiture

08-41B-04* Extreme Risk Protection Orders

08-41B-05* Extreme Risk Protection Orders

08-41B-06

Seizure of Firearms from Dangerous Individuals

08-41B-07

Nonconsensual Pornography

08-41B-08

Nonconsensual Pornography

Remove Suspension of Driver’s License as Punishment for Certain Crimes

08-41B-10

Identity Documents for Transgender Persons

08-41B-11

Human Trafficking Offenses

08-41B-12

Worker Sexual Harassment

08-41B-13

An Act Concerning Police Accountability

08-41B-14

Relates to Recording Certain Law Enforcement Activities

08-41B-15

COVID-19 Limitation of Liability

08-41B-16

Limits Liability of Persons who Provide Relief or Recovery Equipment or Services During a Declared State Emergency

Limits Liability of Restaurants During the COVID-19 Epidemic

09-41B-01

Establishment of Telecommuting Policy

09-41B-02

Extended Employment Services Program

09-41B-03

Enhancing Competitive Integrated Employment Opportunities for Individuals with Severe Disabilities

08-41B-09

08-41B-17 (09) SEED

09-41B-04

Apprentice Assistance and Support Services Pilot Program NJ

09-41B-05

Tennessee Transportation Accessibility and Mobility Act of 2020

(10) TECHNOLOGY 10-41B-01

Broadband Development

10-41B-02

Personal Delivery Devices

10-41B-03

Blockchain Working Group Formation

10-41B-04

Empower Rural Iowa Act

(11) TRANSPORTATION 11-41B-01

A New Law to Expand Access to Driver’s Licenses

11-41B-02

Limited Driver’s License Bill

Agriculture

01-41B-01

Indiana

Establishes the Hemp Advisory Committee to Provide Advice to Certain Agencies SB 516

Summary: Establishes the Hemp Advisory Committee to provide advice to certain agencies; amends the definition of industrial hemp to conform with the federal definition; changes references from industrial hemp to hemp; establishes requirements for negligent violations; requires any civil penalties collected under the hemp law to be transferred to the State Department of Agriculture and used for hemp marketing and research purposes. Status: Signed by the governor on May 2, 2019. Comments: Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

Agriculture

01-41B-02

California

Animals: Prohibition on Use in Circuses SB 313

Summary: This bill prohibits a person from sponsoring, conducting, or operating a circus, as defined, in this state that uses any animal other than a domestic dog, domestic cat, or domesticated horse. The bill prohibits a person from exhibiting or using any animal other than a domestic dog, domestic cat, or domesticated horse in a circus in this state. Status: Signed by the governor on October 12, 2019. Comments: From abcnews.com (October 12, 2019) California Gov. Gavin Newsom has signed a law banning most animals from circuses. The law exempts rodeos and does not apply to domesticated dogs, cats and horses. California is now the third state to enact such a ban, joining New Jersey and Hawaii. Circuses have been declining in popularity. The most well-known act, the Ringling Bros. and Barnum & Bailey Circus, closed in 2017 after 146 years of performances. At least 18 circuses don't use animals at all, including Cirque du Soleil. Democratic state Sen. Ben Hueso, who authored the bill, said animals in circuses endure cruel training and near constant environment. The southwest California Legislative Council opposed the bill, saying it would prevent people from experiencing "the thrill of a circus performance featuring beautiful, well cared for animals." Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

Agriculture

01-41B-03

California

Fur Products: Prohibition AB 44

Summary: This bill makes it unlawful to sell, offer for sale, display for sale, trade, or otherwise distribute for monetary or nonmonetary consideration a fur product, as defined, in the state. The bill makes it unlawful to manufacture a fur product in the state for sale. The bill exempts from these prohibitions used fur products, as defined, fur products used for specified purposes, and any activity expressly authorized by federal law. Status: Signed by the governor on October 12, 2019. Comments: From BBC News (October 12, 2019) California has become the first US state to ban the manufacture and sale of animal fur. Residents will no longer be able to sell or make clothing, shoes or handbags from fur as of 2023. The move has been celebrated by animal rights groups which have been calling for a ban for some time. Governor Gavin Newsom also signed a bill banning most animals from circus shows, except cats, dogs and horses. It does not apply to rodeos. "California is a leader when it comes to animal welfare and today that leadership includes banning the sale of fur," Mr Newsom said in a statement. The ban does not apply to leather, cow hides and the full skin of deer, sheep and goats, the San Francisco Chronicle reports. It also does not apply to stuffed animals. Those found breaking the law could face a fine of $500 (ÂŁ395) or in repeat cases, $1,000. "We applaud Gov Newsom and the state's lawmakers for recognising that California citizens do not want their state's markets to contribute to the demand for fur products," a statement from Humane Society USA said. But the decision was criticised by the Fur Information Council's spokesman Keith Kaplan. He claimed it was part of a "radical vegan agenda using fur as the first step to other bans on what we wear and eat." Last May, fashion house Prada announced that it would stop using fur, starting with its spring-summer 2020 line. 14

In February, the UK's Selfridges announced it would be banning the sale of exotic animal skins from February 2020. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

Agriculture

01-41B-04

Mississippi

Animal Cruelty & Abuse SB 2658

Summary: An Act to Amend Section 97-41-16, Mississippi Code Of 1972, to Revise the Offense of Abuse of a Domesticated Dog or Cat; and for Related Purposes. Status: Signed by the governor on July 8, 2020. Comments: From WLOX (July 2, 2020) Governor Reeves signed an animal cruelty bill into law Wednesday in an effort to protect cats and dogs and to increase penalties for abuse. Mississippi Citizens Against Animal Cruelty is a group that was formed to push for the new dog and cat protection law and MCAAC President Debbie Martin has been looking forward to this day. “It is just such, such, a relief. When I saw it on the house live today I got chills,” said Martin. “I cried like a baby and I’m not ashamed to admit it. It’s the happiest that I have ever been.” For years MCAAC has been working with senators like Angela Burks Hill to create stiffer penalties for people convicted of animal abuse or cruelty. “If the federal government can pass a federal bill that’s much stronger, we at least in Mississippi can pass state legislation that models what the federal government has done so that we can provide state charges for some of these heinous acts of cruelty and we can provide more than one count for all these neglect charges,” said Burks Hill. Now, each act of cruelty or abuse that is committed against more than one animal will count as a separate offense. “It will be a felony and the fine will double and there will be prison time and psychological counseling,” said Martin. “They will no longer be able to own or reside in a home with pets for a number of years. It takes care of our poor fur babies that are abused or neglected.” Martin says if a person is convicted of an aggravated cruelty felony, they will also be put on a FBI watch list.

“Which means it will go into any employment search history,” said Martin. “It’s like I said once before, ‘Do I want somebody that’s abused an animal taking care of my grandmother in a nursing home?' Oh no.” You can read the full bill here. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 A ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

Commerce and Labor

Wyoming

02-41B-01* Law Recognizing Cryptocurrency as Money S 125 Summary: An act relating to property; classifying digital assets within existing laws; specifying that digital assets are property within the Uniform Commercial Code; authorizing security interests in digital assets; establishing an opt-in framework for banks to provide custodial services for digital asset property as custodians; specifying standards and procedures for custodial services under this act; clarifying the jurisdiction of Wyoming courts relating to digital assets; authorizing a supervision fee; making an appropriation; authorizing positions; specifying applicability; authorizing the promulgation of rules; and providing for an effective date. Status: Signed by the governor on February 26, 2019. Comments: From bitcoin.com (February 2, 2019) The Senate of the U.S. state of Wyoming has passed a bill which defines cryptocurrency as property and establishes rules including for allowing banks to provide crypto custodial services. For secured transactions, however, the bill recognizes cryptocurrency as money subject to some of the same rules as money in the state. Crypto Bill Passes Wyoming Senate A bill defining digital assets as property passed the Wyoming Senate 28-1 with one excused Thursday. The bill classifies “digital assets, including cryptocurrency, as legal property,” the Wyoming Tribune Eagle reported. In addition, “It would subject cryptocurrency to some of the same rules as money by expanding existing laws,” the publication described. Noting that “The legislation is one of eight bills designed to attract blockchain and other new technology companies to the state,” the news outlet detailed: Senate File 125, sponsored by Sen. Tara Nethercott, R-Cheyenne, would establish property rights for owners of cryptocurrency and other ‘virtual assets’ under commercial law, clarifying the legal status of digital money. It also helps banks hold these assets in trusts. “It adds value and legitimacy to the currency by giving financial institutions and businesses the ability to use it more flexibly in ways they are already familiar with,” Nethercott described.

The bill was introduced on Jan. 22. It passed the first reading on Jan. 29, the second reading on Jan. 30 and the third on Jan. 31. It was introduced to the state’s House of Representatives on Feb. 1. Defining Digital Assets as Property The bill classifies digital assets under Wyoming’s existing laws as “property within the Uniform Commercial Code (UCC).” A digital asset is defined in the bill as “a representation of economic, proprietary or access rights that is stored in a computer readable format, and includes digital consumer assets, digital securities and virtual currency.” Virtual currency is subsequently defined as a digital asset that is “Used as a medium of exchange, unit of account or store of value; and … Not recognized as legal tender by the United States government.” Virtual Currency as Money for Secured Transactions Digital assets are classified into three categories: digital consumer assets, digital securities, and virtual currency. The bill refers to Wyoming statutes’ article 9 of the UCC (title 34.1) which lists rules on “secured transactions.” For the purpose of this article 9, “Digital consumer assets are intangible personal property and shall be considered general intangibles,” the bill reads. Similarly, for the purpose of article 8 and 9 of the same code, “Digital securities are intangible personal property and shall be considered securities.” Lastly, according to the bill: Virtual currency is intangible personal property and shall be considered money … only for the purposes of article 9 of the Uniform Commercial Code, title 34.1, Wyoming statutes. Custodial Services The bill also authorizes “security interests in digital assets,” establishes “an opt-in framework for banks to provide custodial services for digital asset property as directed custodians,” and specifies “standards and procedures for custodial services under this act.” Moreover, the bill states that “The courts of Wyoming shall have jurisdiction to hear claims in both law and equity relating to digital assets.” According to the text of the bill: A bank may provide custodial services for digital assets consistent with this section upon providing sixty (60) days written notice to the commissioner. The Wyoming Tribune Eagle elaborated that the bill would “allow banks to hold digital assets in trusts with ease,” adding that “While customers could not deposit bitcoin in the bank itself, they could keep it in their personal trust as property.” 19

Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

Commerce and Labor

Wyoming

02-41B-02* Special Purpose Depository Institutions H 74 Summary: This act creates "special purpose depository institutions" as a new form of bank. Status: Signed by the governor on February 26, 2019. Comments: From Tenth Amendment Center (January 31, 2019) On Tuesday, the Wyoming House passed a bill that would create a legal framework for the establishment of special banks to serve cryptocurrency and blockchain businesses. The proposed law would help expand the of use digital currency and help undermine the Federal Reserve’s monopoly on money. The House Minerals, Business and Economic Development Committee filed House Bill 74 (HB74) on Jan. 4. The legislation would create a legal framework for chartering “special purpose depository banks.” These banks would be tailored to serve cryptocurrency and blockchain businesses. According to the legislative findings, “The rapid innovation of blockchain technology, including the growing use of virtual currency and other digital assets, has resulted in many blockchain innovators being unable to access secure and reliable banking services, hampering development of blockchain services and products in the marketplace.” Blockchain innovators also have greater regulatory compliance challenges under federal anti-money laundering laws. Due to these intricate obligations, many traditional financial institutions refuse to provide banking services to blockchain innovators. Often, they refuse to accept deposits in U.S. currency obtained from the sale of cryptocurrencies or other digital assets. HB74 would facilitate the development of a new type of financial institution with expertise in customer identification, anti-money laundering and beneficial ownership requirements integrated into their operating models. “Authorizing special purpose depository banks to be chartered in Wyoming will provide a necessary and valuable service to blockchain innovators, emphasize Wyoming’s partnership with the technology and financial industry and safely grow this state’s developing financial sector.” On Jan. 29, the House passed HB74 by a 52-7 vote. Last year, Wyoming enacted several new laws to encourage and facilitate the use of cryptocurrency and to support the development of blockchain businesses. Policymakers 21

in Wyoming have publicly stated they want to position the state to become the national leader in cryptocurrency and blockchain business. Wyoming’s commitment to opening the door for the broader use of cryptocurrencies take an important first step toward generating currency competition. If other forms of money, whether it be cryptocurrencies or gold and silver, gain a foothold in the marketplace against Federal Reserve notes, people will be able to choose them over the central bank’s rapidly-depreciating paper currency. This freedom of choice would help allow Wyoming residents to secure the purchasing power of their money. In a paper published at the Mises Institute, Constitutional tender expert Professor William Greene said when people in multiple states actually start using gold and silver instead of Federal Reserve Notes, it could create a “reverse Gresham’s effect,” drive out bad money, effectively nullify the Federal Reserve, and end the federal government’s monopoly on money. “Over time, as residents of the state use both Federal Reserve notes and silver and gold coins, the fact that the coins hold their value more than Federal Reserve notes do will lead to a “reverse Gresham’s Law” effect, where good money (gold and silver coins) will drive out bad money (Federal Reserve notes). As this happens, a cascade of events can begin to occur, including the flow of real wealth toward the state’s treasury, an influx of banking business from outside of the state – as people in other states carry out their desire to bank with sound money – and an eventual outcry against the use of Federal Reserve notes for any transactions.” Once things get to that point, Federal Reserve notes would become largely unwanted and irrelevant for ordinary people. Cryptocurrencies open up another pathway to this same goal. HB74 will now move to the Senate for further consideration. At the time of this report, it had not been referred to a Senate committee. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff 22

Commerce and Labor

02-41B-03

Indiana

Gaming, E-sports and Sports Wagering H 1015

Summary: Amends the state code concerning gaming, E-sports and sports wagering. Status: Signed by the governor on May 8, 2019. Comments: Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

Commerce and Labor

02-41B-04

Georgia

State Sales and Use Tax Provisions HB 276

Summary: Relates to state sales and use tax, so as to modify the definition of dealer; requires the collection and remittance of sales tax by certain persons that facilitate certain retail sales; defines marketplace facilitators and marketplace sellers. Status: Signed by the governor on January 30, 2020. Comments: From the Atlanta Journal Constitution (January 30, 2020) Gov. Brian Kemp on Thursday signed into law legislation to increase sales tax collections from customers of internet- and app-based businesses, including Uber and Airbnb. House Bill 276 was the first major legislation to pass the General Assembly in the 2020 session and could mean big money for a state strapped for funds. Lawmakers voted during the first week of the session for the measure aimed at forcing "marketplace facilitators" whose websites or apps are used to sell goods or services provided by someone else - to collect and remit sales taxes. It goes into effect April 1. Supporters said the taxes are already owed and that the new law will level the competition for brick-and-mortar stores, which have charged sales taxes for their products. A report in June by a group called the Faith, Justice and Truth Project said the state is losing nearly $750 million a year in sales taxes not collected from such online "marketplace facilitators" of sales. The state's estimate on the measure is closer to $150 million a year in state and local collections. More than 30 states have similar laws. Uber lobbyists are expected to push a separate bill that would charge customers a perride fee, rather than the sales tax. The state has seen sluggish tax collections over the past year and while lawmakers are looking for ways to raise more money, they are also having to consider Kemp's proposals to cut 4% in spending this year and 6% next year. Staff Note:

Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

Commerce and Labor

02-41B-05

Michigan

Designated Distributors SB 588

Summary: Allows for refunds for spirits sold by a specially designated distributor. Status: Signed by the governor on February 4, 2020. Comments: From CBS Detroit (February 4, 2020) Governor Gretchen Whitmer signed a bill package on Tuesday containing Senate Bill 588 and House Bills 4620 and 4621 which amend the Michigan Liquor Control Code, as well as House Bill 4335 into law. The governor also vetoed Senate Bill 294 to ensure Michiganders are protected from shoddy construction. “Today I have signed legislation into law that works on behalf of Michigan small businesses,” said Whitmer. “These businesses will now be able to expand their reach across the state, introducing more people to their product and growing Michigan’s economy.” Here’s a closer look at the bills: Senate Bill 588 amends the Michigan Liquor Control Code to allow refunds for spirits sold by a specially designated distributor. The bill was sponsored by Senator Jeremy Moss, D – Southfield. House Bill 4620 allows for the issuance of special licenses to conduct liquor and spirit tastings off sight up to six times per year. The bill was sponsored by Representative Brandt Iden, R – Schoolcraft Township. House Bill 4621 amends the Michigan Liquor control commission to allow a vendor of spirits to provide a special licensee with certain brand logoed material and equipment. The bill was sponsored by Representative Jack O’Malley, R – Manistee. House Bill 4335 revises education and training requirements for cosmetology and barber licensing to allow students to substitute not more than 1,000 hours of instruction to obtain a license in the other profession. Furthermore, the bill now allows both barber and cosmetology schools to occupy the same building and facilities. The bill was sponsored by Representative Jeff Yaroch, R – Clinton Township. Senate Bill 294 would amend the Single State Construction Code act to prevent high school football stadium press boxes from being required to install heating units. This bill 26

was sponsored by Senator Dale Zorn, R â&#x20AC;&#x201C; Monroe. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

Commerce and Labor

02-41B-06

Michigan

Liquor Licenses HB 4620

Summary: Provides for the issuance of a special license to a qualified organization to conduct spirits tasting. Status: Signed by the governor on February 4, 2020. Comments: From CBS Detroit (February 4, 2020) Governor Gretchen Whitmer signed a bill package on Tuesday containing Senate Bill 588 and House Bills 4620 and 4621 which amend the Michigan Liquor Control Code, as well as House Bill 4335 into law. The governor also vetoed Senate Bill 294 to ensure Michiganders are protected from shoddy construction. “Today I have signed legislation into law that works on behalf of Michigan small businesses,” said Whitmer. “These businesses will now be able to expand their reach across the state, introducing more people to their product and growing Michigan’s economy.” Here’s a closer look at the bills: Senate Bill 588 amends the Michigan Liquor Control Code to allow refunds for spirits sold by a specially designated distributor. The bill was sponsored by Senator Jeremy Moss, D – Southfield. House Bill 4620 allows for the issuance of special licenses to conduct liquor and spirit tastings off sight up to six times per year. The bill was sponsored by Representative Brandt Iden, R – Schoolcraft Township. House Bill 4621 amends the Michigan Liquor control commission to allow a vendor of spirits to provide a special licensee with certain brand logoed material and equipment. The bill was sponsored by Representative Jack O’Malley, R – Manistee. House Bill 4335 revises education and training requirements for cosmetology and barber licensing to allow students to substitute not more than 1,000 hours of instruction to obtain a license in the other profession. Furthermore, the bill now allows both barber and cosmetology schools to occupy the same building and facilities. The bill was sponsored by Representative Jeff Yaroch, R – Clinton Township.

Senate Bill 294 would amend the Single State Construction Code act to prevent high school football stadium press boxes from being required to install heating units. This bill was sponsored by Senator Dale Zorn, R â&#x20AC;&#x201C; Monroe. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

Commerce and Labor

02-41B-07

Michigan

Special Liquor Licenses HB 4621

Summary: Allows vendors of spirits to be provided a special licensee with certain brand logoed items. Status: Signed by the governor on February 4, 2020. Comments: From CBS Detroit (February 4, 2020) Governor Gretchen Whitmer signed a bill package on Tuesday containing Senate Bill 588 and House Bills 4620 and 4621 which amend the Michigan Liquor Control Code, as well as House Bill 4335 into law. The governor also vetoed Senate Bill 294 to ensure Michiganders are protected from shoddy construction. “Today I have signed legislation into law that works on behalf of Michigan small businesses,” said Whitmer. “These businesses will now be able to expand their reach across the state, introducing more people to their product and growing Michigan’s economy.” Here’s a closer look at the bills: Senate Bill 588 amends the Michigan Liquor Control Code to allow refunds for spirits sold by a specially designated distributor. The bill was sponsored by Senator Jeremy Moss, D – Southfield. House Bill 4620 allows for the issuance of special licenses to conduct liquor and spirit tastings off sight up to six times per year. The bill was sponsored by Representative Brandt Iden, R – Schoolcraft Township. House Bill 4621 amends the Michigan Liquor control commission to allow a vendor of spirits to provide a special licensee with certain brand logoed material and equipment. The bill was sponsored by Representative Jack O’Malley, R – Manistee. House Bill 4335 revises education and training requirements for cosmetology and barber licensing to allow students to substitute not more than 1,000 hours of instruction to obtain a license in the other profession. Furthermore, the bill now allows both barber and cosmetology schools to occupy the same building and facilities. The bill was sponsored by Representative Jeff Yaroch, R – Clinton Township.

Commerce and Labor

02-41B-08

Michigan

Barber Training Requirements HB 4335

Summary: Revises education and training requirements for cosmetology and barber licensing. Status: Signed by the governor on February 4, 2020. Comments: From CBS Detroit (February 4, 2020) Governor Gretchen Whitmer signed a bill package on Tuesday containing Senate Bill 588 and House Bills 4620 and 4621 which amend the Michigan Liquor Control Code, as well as House Bill 4335 into law. The governor also vetoed Senate Bill 294 to ensure Michiganders are protected from shoddy construction. “Today I have signed legislation into law that works on behalf of Michigan small businesses,” said Whitmer. “These businesses will now be able to expand their reach across the state, introducing more people to their product and growing Michigan’s economy.” Here’s a closer look at the bills: Senate Bill 588 amends the Michigan Liquor Control Code to allow refunds for spirits sold by a specially designated distributor. The bill was sponsored by Senator Jeremy Moss, D – Southfield. House Bill 4620 allows for the issuance of special licenses to conduct liquor and spirit tastings off sight up to six times per year. The bill was sponsored by Representative Brandt Iden, R – Schoolcraft Township. House Bill 4621 amends the Michigan Liquor control commission to allow a vendor of spirits to provide a special licensee with certain brand logoed material and equipment. The bill was sponsored by Representative Jack O’Malley, R – Manistee. House Bill 4335 revises education and training requirements for cosmetology and barber licensing to allow students to substitute not more than 1,000 hours of instruction to obtain a license in the other profession. Furthermore, the bill now allows both barber and cosmetology schools to occupy the same building and facilities. The bill was sponsored by Representative Jeff Yaroch, R – Clinton Township. Senate Bill 294 would amend the Single State Construction Code act to prevent high school football stadium press boxes from being required to install heating units. This bill 32

Commerce and Labor

02-41B-09

New Mexico

Small Business Recovery Act of 2020 SB 3

Summary: An act creating the Small Business Recovery Act of 2020; Creating the Small Business Recovery Loan Fund; Providing Small Business Recovery Loans for Certain Businesses. Status: Signed by the governor on July 7, 2020. Comments: From KFOX 14 (July 7, 2020) Gov. Michelle Lujan Grisham on Tuesday delivered hundreds of millions of dollars for low-interest, low-risk loans to help small New Mexico businesses recover financially from COVID-19. The Small Business Recovery Act of 2020 allocates $400 million from the state’s $5 billion Severance Tax Permanent Fund for loans to small New Mexico businesses and nonprofits and almost $50 million for loans to local governments. Eligible businesses and nonprofits may borrow two times their average monthly expenses up to a maximum of $75,000. The measure sets the interest rate at one-half the prime rate on the day the loan is made. The initial loan period is three years. “Small businesses are the backbone of New Mexico’s economy and the lifeblood of our communities. They’ve suffered greatly from this unprecedented pandemic emergency, and our state and our economy suffer with them,” Gov. Lujan Grisham said. “I will fight for small businesses and their recovery every single day and this measure, putting our state’s wealth to work in getting them back on their feet, is a significant step in the right direction.” The loan program is limited to businesses and nonprofits with 2019 annual gross revenue of less than $5 million and whose April or May income dropped 30 percent or more compared to the same month in 2019. For a local government to be eligible, it must have experienced at least a 10 percent decline in operating revenue in fiscal year 2020 due to the economic impacts of the coronavirus disease. The New Mexico Finance Authority will administer the program.

The legislation also freezes employer contribution rates to the unemployment compensation trust fund through December 31, 2021, stopping expected increases that would have taken effect next year. The legislation, sponsored by Sens. John Sapien, Jacob Candelaria and Sander Rue and Reps. Marian Matthews and Daymon Ely, passed the Senate 26-11 and the House 59-5 during June’s special legislative session. “I commend the governor and the state legislators for actively helping small businesses with a very needed relief aid package at this difficult time,” said Theresa A. Carson, president and CEO of the African American Greater Albuquerque Chamber of Commerce. “This could be the lifeline for many small businesses to get them through this pandemic.” “The COVID-19 Pandemic has hurt small businesses and disproportionately affected Hispanic and minority-owned businesses here in New Mexico,” said Ernie C'deBaca, president and CEO of the Albuquerque Hispano Chamber of Commerce. “Many of these businesses did not receive the funding from federal programs that they needed in order to operate. The $400 million of low-interest loans provided by the Small Business Recovery Act of 2020 is a significant step to help small and minority-owned businesses in New Mexico get back on their feet as we reopen the economy.” “SB3 stands for the simple idea that the greatest asset in New Mexico’s economic recovery is our people, and the businesses owned by our friends and family,” Sen. Candelaria said. “Difficult economic times lay ahead there can be no doubt. SB3 ensures that our state will be there to lend a stabilizing and supportive hand, using funds endowed by New Mexicans for New Mexicans at the time of their greatest need. The loan program this bill creates is a first of its kind in state history and represents the commitment this governor and this Legislature have to charting the course of New Mexico’s economic recovery for the better.” “Big challenges require big responses. This may be the biggest stimulus New Mexico has ever passed, but we’re facing a huge economic upheaval,” Rep. Matthews said. “Some 170,000 New Mexicans are receiving unemployment. Our almost 200,000 small businesses, including thousands of mom-and-pop shops, are facing incredible challenges through no fault of their own. The Small Business Recovery Act is a lifeline to our small business community, and an investment in rebuilding our economy and providing jobs for hardworking New Mexicans. It reflects our faith in our people and our future and a commitment to moving forward.”

Commerce and Labor

02-41B-10

Georgia

Alcohol Home Delivery Law (Includes Liquor) HB 879

Summary: A bill to be entitled an Act to amend Article 1 of Chapter 3 of Title 3 of the O.C.G.A., relating to provisions regarding the regulation of alcoholic beverages generally, so as to provide for the legislative intent of the General Assembly to exercise strict regulatory control over the three-tier system; to provide for penalties; to provide for related matters; to repeal conflicting laws; and for other purposes. Status: Signed by the governor on August 3, 2020. Comments: From the Georgia Recorder (August 3, 2020) Georgians should soon be able to order beer, wine and liquor and have it delivered to their doorstep thanks to a law signed by Gov. Brian Kemp Monday that allows bars, restaurants and grocery stores to bring alcohol to customers. The governor signed the law as COVID-19 continues to prompt more shoppers to order their groceries online, but having a cold beer, bottle of wine or handle of liquor dropped off at your home will be slightly more complicated than ordering milk and bread. Customers will need to create an account with the store and show their ID on delivery to prove they are of legal age to buy alcohol. Drivers are not supposed to make a delivery if the customer is not present, is visibly intoxicated or without identification. A business that fails to meet the requirements could face a fine of up to $500 and a 30-day suspension. Businesses that deliver alcohol will be subject to the same local laws as those that sell it in-store, including restrictions on Sunday sales before 12:30 p.m., and local government officials can ban alcohol deliveries in their jurisdictions. The legislation was introduced in February – before COVID-19 was detected in Georgia – and passed the House in March, days before the session was suspended because of the pandemic. Legislators returned in June after months of lockdown and social distancing, and the bill’s supporters in the Senate touted the plan as both a safer way to sell alcohol and a stimulus for businesses suffering from a lack of dine-in customers. “During this COVID, a lot of people have been getting their groceries, delivered, and they’re like, ‘Hey, if we’re not going out to get exposed, why not get our beer and wine delivered too?” said Athens Republican Sen. Bill Cowsert during the Senate debate.

Georgia’s alcoholic beverage industry has welcomed the new law. “House Bill 879 is a great example of how Georgia’s regulatory system allows for increased consumer choice while providing local businesses with the opportunity to grow and flourish,” said executive director of the Wine and Spirits Wholesalers of Georgia, K.C. Honeyman. “Without leaving their homes, Georgians can now safely purchase products from their favorite locally licensed retailers.” But not everyone is toasting the change. The Georgia Baptist Convention opposed the measure because increasing the availability of alcohol also increases the possibilities of unintended consequences such as drunk driving and addiction, said spokesman Mike Griffin. “This is not Coca-Cola, you’re not ordering a Diet Pepsi, this is alcohol,” he said. “In some places, it’s been seen as the No. 1 drug abuse problem in America. This is not like having milk and eggs delivered to your house. We’re not saying totally prohibit alcohol, but we don’t need any more access. We already have the availability out there. If we increase that, it simply makes it more dangerous.” The Georgia Baptist Mission Board lobbied unsuccessfully for some additional restrictions, including exclusively allowing beer and wine rather than liquor and making the legislation opt-in for cities rather than opt-out. The new law directs the state revenue department to create a system for approving the licenses by Jan. 1. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

Commerce and Labor

02-41B-11

Washington

Relating to Paid Family and Medical Leave SB 5975

Summary: Creates and implements a paid family and medical leave insurance program. The program is funded by premiums paid by employers and employees and administered by the Employment Security Department (ESD). Status: Signed by the governor on July 5, 2017 Comments: From the Vancouver Business Journal (August 3, 2018) As Washington’s new paid family leave program rumbles toward its 2020 launch, lawmakers have begun looking for ways to blunt the costs for small businesses. The paid family leave program, SB 5975, was approved by the Washington Legislature on July 30 in the 2017 session on a 31-12 vote in the Senate and a 65-29 vote in the House. Gov. Jay Inslee signed it into law on July 5. In the program, eligible employees get 12 weeks of family or medical leave, with a cap of 16 weeks per year if an employee experiences both a family and medical crisis. Women with pregnancy complications can also get an additional two weeks leave. “The business community was really involved in creating the law in the first place,” said Sen. Joe Fain, R-Auburn, the lead Republican author. “There was a lot of back and forth with several groups. After it passed, the first step was to go through and do rulemaking for elements of the law.” Both employees and employers will pay for the program through a payroll tax. Employees are eligible for the program after working 820 hours. Employees will be eligible to take leave starting in 2020, with premiums starting in 2019 to build up a funding pool for the program, Fain said. “We will build resources into a trust fund to pay claims,” Fain said. “There will be a year when it’s just generating resources and not paying out, but by January 2020 benefits will start.” Most employees will pay less than $2 a week for the coverage. And low-wage employees making up to $17 an hour would get about 90 percent of their income in the weekly benefit, with an overall cap of $1,000 a week for others. Overall, workers will pay about 63 percent of the cost of the program, while employers pay 37 percent, Fain said.

Fain created a simple online calculator for businesses and employees to get an idea of the costs at family.senatorfain.com. “I actually coded it myself,” he said. The site includes a video about the program and other details. For a worker making $50,000 a year, the weekly employee premium would be about $2.50, and the weekly employer premium for companies with more than 50 employees would be $1.50, Fain said. “Each company’s going to do their own math,” he said. Jim Sikora, an employment attorney with Landerholm in Vancouver, said it’s still a bit early to know how employers will fare under the costs of the new program. “Right now we’re before even the first effective date for premium collections,” Sikora said. ”We’re still in the rulemaking process.” But employers are starting to learn what they’ll need to comply. One major concern he’s heard repeatedly is that the requirement to hold an employee position open during leave could be problematic, Sikora said. “What are the requirements in terms of what to do with their positions?” Sikora asked. “What effect will that have on operators depending on what their operations are? Employees may be taking more frequent leaves of absence than they would when this was unpaid.” As part of the rulemaking process, lawmakers are looking at stipends for employers to access when employees are on leave. Employers can use the funds to bring on temp workers, Fain said. “When you’re sick you shouldn’t work,” Fain said. “When you’re hurt you shouldn’t work. When you’ve got a newborn kid you shouldn’t be working either. This is a societal cost and it shouldn’t be borne solely by employers.” As part of an effort to help small business, companies with 150 or fewer employees will be eligible for reimbursement funds. For instance, if a company hires a temp, it can apply for state reimbursement up to $3,000 per worker. “I think employers are happy that the option exists,” Sikora said. “I think it’s a little early to know how effective it will be. It depends on how onerous the process will be.” That said, many businesses have been supportive of the new program. “From a ‘health of your employees’ and overall health and productivity perspective there probably is a benefit for employees to be able to take time off, take care of themselves and a newborn child,” Sikora said. “That’s good for overall health of your employees. There’s just a lot of curiosity about what the requirements will be.” 40

Another change is a provision that lets companies with their own family leave programs opt out of the state program, as long as they meet certain conditions, Fain said. “There were concerns when we were developing the law,” Fain said. “Businesses were concerned and should be. But for the most part we tried to be the lightest touch possible.” The first talks on the subject were aimed at making businesses pay all the costs, he added. “I was vehemently against that,” Fain said. “With this the only additional requirement on the businesses is they have to calculate and remit this tax.” And companies that have fewer than 50 employees don’t have to pay any tax at all, he said. Sikora’s advice for companies is to make sure they have a plan in place to start making deductions. “Look at your payroll vendor or payroll department and make sure they’re ready to do that,” he said. “You also want to prepare to make quarterly filings on employee wages and hours.” Fain said he also hopes the state will give the program a user-friendly interface for employers and employees to interact with. “I think it’s going to be good for the state,” Fain said. “I think it will be good for both employees and employers.” Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

Commerce and Labor

02-41B-12

Nevada

An Act Relating to Employment; Prohibiting the Denial of Employment Because of the Presence of Marijuana in a Screening Test Taken by a Prospective Employee with Certain Exceptions AB 132

Summary: Prohibits employers in the state of Nevada from refusing to hire a prospective employee based on the results of a positive marijuana test. Status: Signed by the governor on June 5, 2019. Comments: From ABC News (June 12, 2019) Even as 11 states, plus Washington, D.C., have legalized recreational cannabis, lawmakers have struggled to find consensus on the question of whether employers could reject an applicant over their pot use. Now Nevada has become the first to push through that protection. Nevada Gov. Steve Sisolak signed Assembly Bill 132 making it illegal for employers to rebuff job applicants based on the results of a marijuana test. The law will go into effect on Jan. 1, 2020. The law, however, will not apply to people up for jobs as firefighters and public safety positions, including emergency medical technicians, according to the legislation. When the Nevada Trucking Association objected to the proposal, the legislation was rewritten to allow pre-hiring testing for operators of motor vehicles or other positions that â&#x20AC;&#x153;in the determination of the employer, could adversely affect the safety of others," according to the law. "As our legal cannabis industry continues to flourish, itâ&#x20AC;&#x2122;s important to ensure that the door of economic opportunity remains open for all Nevadans. Thatâ&#x20AC;&#x2122;s why I was proud to sign AB 132 into law, which contains common-sense exceptions for public safety and transportation professionals," Sisolak, a Democrat elected governor in November 2018, said in a statement. Sisolak signed the legislation on June 5. Nevadans voted in 2016 to make adult recreational use of cannabis legal in the state. The law went into effect on Jan. 1, 2017.

Nevada Assemblywoman Nina Neal, D-Las Vegas, said that despite the popularity of legal weed in the state, there had been no policy in place until now to prevent employers from discriminating against legal pot users. Neal said she opposed the ballot initiative legalizing recreational marijuana in Nevada, but once it passed she said it quickly became clear that a new policy had to be developed for employers. "I was driving around my district and I realized that the [legal weed] dispensaries were like nightclubs and I was worried, and I was just like, 'This is going to have a negative effect,'" Neal told ABC News on Wednesday. She said that when she proposed the legislation in February, tax revenue from the first year of legal marijuana sales topped $42 million. "I felt like we needed to have a policy to deal with it because we had a significant amount of people using on the weekends," Neal said. Because pre-employment urine tests can detect marijuana in a user's system for several weeks after consuming weed, Neal said she was concerned that her constituents would miss out on employment opportunities. "I hope that employers actually try to not discriminate against recreational users because once we made it lawful through the ballot, the ballot question said it needed to be treated the same as alcohol," Neal said. Other states where marijuana is legal have struggled to forge similar policy for preemployment testing for weed. In Maine, where voters approved legal recreational cannabis in 2016, employers are prohibited from discriminating against people who have used pot, but there is still no specific policy to regulate drug testing. While New York is among the states that have yet to legalized marijuana, the New York York City Council approved a city law last month to prohibit employers from pre-hiring weed testing. “It’s clear that we cannot wait until legalization on the state level before moving to reduce the impact that marijuana prohibition has had on individuals and communities,” New York City Public Advocate Jumaane Williams said in a statement. “Testing isn’t a deterrent to using marijuana, it’s an impediment to opportunity that dates back to the Reagan era -- a war on drugs measure that’s now a war on workers," Williams added. "We need to be creating more access points for employment, not less - and if prospective employers aren’t testing for past alcohol usage, marijuana should be no different.”

COVID-19

03-41B-01

Louisiana

Urges and Requests the Louisiana Department of Health to Study and Report on the Matter of Racial Disparities in COVID-19 Death Rates in this State HR 61

Summary: A resolution to urge and request the Louisiana Department of Health to study the matter of racial disparities in COVID-19 death rates in this state and to report findings of the study to the House of Representatives of the Legislature of Louisiana. Status: Adopted on May 29, 2020. Comments: From the Office of the Governor (April 24, 2020) Today, Gov. John Bel Edwards announced that he is making $500,000 from the Governor’s COVID-19 Response Fund available to the Louisiana COVID-19 Health Equity Taskforce to examine the causes and possible solutions to the high rate of deaths from the coronavirus within Louisiana’s African-American community and other impacted populations. “The disparity in deaths is especially worrisome, and we need to do everything we can to determine why this is happening,” said Gov. Edwards. “African-Americans make up approximately 33 percent of our population yet account for nearly 60 percent of the deaths from this virus. We have an obligation to look for answers and this task force will provide recommendations for addressing the health inequities affecting all communities that are most impacted by this virus. Funding is essential for that work to begin as soon as possible. One death is one too many in any community, and I am committed to helping everyone in our state live healthier lives.” Earlier this month, Gov. Edwards initiated the Louisiana COVID-19 Health Equity Taskforce as part of a comprehensive response to the COVID pandemic. Early data indicates that the impact of the pandemic has not fallen equitably among Louisianans, with African Americans, seniors and other persons residing in group living disproportionately impacted. The taskforce is comprised of a large group of experts from a variety of relevant sectors of the state and will be led by Dr. Sandra Brown, dean of the Southern University’s College of Nursing and Allied Health and Dr. Thomas LaVeist, dean of Tulane University’s Public Health and Tropical Medicine As part of the taskforce's work, members will conduct assessments of the status of the state's response as it affects vulnerable populations and issue a series of actionable reports with recommendations to assure that the state emerges from the pandemic in a 45

stronger position - focused on health equity and improved health outcomes for all Louisianans. The funding will be used to conduct the following: Science-based research A comprehensive evidenced-based analysis of the determinants of health equity that influences racial health disparities Evidenced-based analysis of interventions that positively impact health equity and address disparities. An examination of the population dynamics (political, economic, social, technological, and legal) that are indicative of health equity and disparities to formulate a state wide dashboard. Provide health awareness educational media campaigns. Assessments of the status of the state's response as it affects vulnerable populations and the impact of COVID-19. The Governorâ&#x20AC;&#x2122;s COVID-19 Response Fund is funded through the Irene W & C.B. Pennington Family Foundation, the Baton Rouge Area Foundation and the Huey and Angelina Wilson Foundation. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

COVID-19

New York

03-41B-02

Relates to Establishing a Coronavirus Disease 2019 (COVID-19) Public Employee Death Benefit S 8427

Summary: Establishes a coronavirus disease 2019 (COVID-19) public employee death benefit for individuals who reported to their usual place of employment or an alternate worksite at the direction of their employer on or after March 1, 2020 and such individual contracted COVID-19 within 45 days of reporting to such workplace as confirmed by a laboratory test or by a licensed physician and such individual died on or before December 31, 2020. Status: Signed by the governor on May 28, 2020. Comments: From the New York Daily News (May 29, 2020) New York lawmakers passed legislation late Thursday ensuring families of public employees who die of coronavirus while working on the front lines of the pandemic will receive “line-of-duty” death benefits. The measure establishes a presumption that public employees who die of COVID-19 contracted the virus while on the job, making families and beneficiaries entitled to receive death benefits and a worker’s pension. “These families have suffered a horrific loss and should not have to wait in limbo to get the benefits they are owed,” said Sen. Andrew Gounardes (D-Brooklyn), who sponsored the bill. “I am glad we have been able to move swiftly to get a small measure of justice for the workers we have lost.” The Senate passed the bill shortly before midnight and the Assembly followed suit early Friday morning. Both Gov. Cuomo, who will have to sign off on the legislation, and Mayor de Blasio backed the union approved measure, which applies to cops, firefighters, medics, healthcare workers, teachers, transit employees and others. So far, at least 277 municipal workers have died in the city since the Big Apple became the epicenter of the outbreak. “I’m thankful that the Senate and Assembly were able to work together on such an important issue and take this positive step forward for the working men and women of New York State,” said Assemblyman Peter Abbate (D-Brooklyn), who sponsored the bill in his chamber. 47

To be eligible for the death benefit, workers must have contracted the virus within 45 days of reporting to work in person, have a confirmed positive laboratory test or be diagnosed before or after death by a licensed health care practitioner. â&#x20AC;&#x153;While we cannot put a price on the appreciation and respect we have for our front-line heroes, this bill will help the families of those workers cope with the financial aftermath of such a devastating loss," said Mario Cilento, president of the New York State AFLCIO. "We can never fully repay the debt we owe to our heroes, but this is one small step in providing the security their families deserve.â&#x20AC;? On the federal level, there have been discussions about a benefits package being set up that would cover both public and private sector workers who were considered essential and died during the outbreak. The Pandemic Heroes Compensation Act, supported by Reps. Jerrold Nadler and Carolyn B. Maloney, both Manhattan Democrats, and Peter King (R-L.I.) would be modeled on the 9/11 Victim Compensation Fund. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

COVID-19

03-41B-03

California

Elections: Vote by Mail Ballots A 860

Summary: Requires county elections officials to mail a ballot to every registered voter for the November 3, 2020, statewide general election. Requires county elections officials to permit any voter to cast a ballot using a certified remote accessible vote by mail system. Extends the deadline by which vote by mail ballots must be received. Status: Enacted on June 18, 2020. Comments: From CBS News (June 19, 2020) California Governor Gavin Newsom signed a bill Thursday to require county officials to mail a ballot to every registered voter for the November election, cementing into law the Democratic governor's earlier order to mail out ballots statewide in response to the coronavirus outbreak. Newsom, citing health risks from large groups gathering at polling places, announced in early May that the state will send every voter a mail-in ballot for the fall contest, but his plan has been challenged in court. The bill, approved earlier Thursday by the state Assembly, gives the governor's order the force of law and provides clarity for election officials, said Assemblyman Marc Berman, a Menlo Park Democrat who sponsored the bill. "No one should have to risk their health and possibly their life to exercise their constitutional right to vote," Berman said in a statement. "In the midst of a deadly health pandemic, giving all California voters the opportunity to vote from the safety of their own home is the responsible thing to do." In-person voting places will remain available for those who might need them. The spread of mail-in voting as a reaction to potential health risks from the virus has become a point of conflict between Democrats and Republicans nationwide. President Trump has been among the skeptics and has said that "a lot of people cheat with mail-in voting," without providing evidence. The bill was passed 68-5 by the Assembly, with six members not voting. The opponents were all Republicans. Republicans who backed the bill noted that ballots will not be mailed to so-called inactive voters, who have not participated in recent elections. Another change: Under current law, mail ballots that have been postmarked by election day can arrive up to three days after the election and still be counted. For the November 49

election, the bill would extend that window to 17 days, two weeks later from the current three days. The change is supported by Secretary of State Alex Padilla, the state's chief elections officer. "Expanding vote-by-mail statewide is a necessity to protect our right to vote and our public health," Padilla said in a statement. "Voting by mail has worked safely and securely in California for decades. Mailing every voter a ballot for this election is simply common sense." But Republican National Committee member Harmeet Dhillon called the extension to 17 days "bizarre" and predicted it would raise integrity issues with the vote count, lead to more challenges over the authenticity of ballot signatures and extend the date for determining the outcome in some races to December. With the 17-day delay, "there is a lot of opportunity for mischief," Dhillon said. "There is a tremendous amount of uncertainty." Historically, there is no evidence of widespread voter fraud through mail-in voting. In the state's March primary, more than 75% of California voters received a vote-by-mail ballot. Newsom has already signed an executive order requiring county officials to automatically send mail-in ballots to registered voters but that order was met with legal challenges from the Republican Party. The lawsuit from Republicans argued that Newsom cannot write election laws and it's up to the legislature to determine when and how elections can be administered. The legislature's passage of the mail-in ballot bill arms Newsom in his fight against Republicans. With the move to statewide mail-in ballots, California hopes to avoid the problems that plagued presidential primaries in Wisconsin and Georgia, where thousands of voters, some without protective face masks, were forced to wait for hours in long lines. For most people, the new coronavirus causes mild or moderate symptoms, such as fever and cough that clear up in two to three weeks. For some, especially older adults and people with existing health problems, it can cause more severe illness, including pneumonia, and death. The vast majority of people recover. Newsom also issued a new guidance on Thursday afternoon requiring all Californians to wear face masks when outside of the house. "Simply put, we're seeing too many people with faces uncovered, putting at risk the real progress we have made in fighting the disease," Newsom said. The new guidance requires residents of the country's most populous state to wear face coverings inside of, or in line to enter any indoor public space, at hospitals and healthcare facilities, waiting for or using public transport, including ride-shares, and in most other situations outside the home. Children under the age of two and those with health conditions will be 50

exempt. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

COVID-19

03-41B-04

Iowa

Learning Online Initiative S 2310

Summary: Relates to the Iowa Learning Online initiative; relates to standards, requirements, and rules relating to online learning programs and coursework provided at the secondary school level. Status: Enacted on June 29, 2020. Comments: Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

COVID-19

03-41B-05

Colorado

Health Insurance Affordability Enterprise S 215

Summary: Concerns measures to address the affordability of health insurance for state residents purchasing coverage on the individual market; establishes an enterprise to administer a health insurance affordability fee assessed on certain health insurers and a special assessment on hospitals to fund measures to reduce consumer costs for individual health coverage plans. Status: Enacted on June 30, 2020. Comments: From State of Reform (June 15, 2020) Colorado lawmakers approved legislation today to create the Colorado Health Insurance Affordability Enterprise, which will administer a health insurance affordability fee assessed on certain health insurers and a special assessment on hospitals to fund measures to reduce consumer costs for individual health coverage plans. House amendments to the bill, SB 215, were approved in the Colorado Senate, and it’s next stop will be Gov. Jared Polis’s desk for his signature. The primary function of the affordability fee is to increase the number of individuals who are able to purchase health benefit plans in the individual market by providing financial support for certain qualifying individuals. SB 215 funds Colorado’s reinsurance program credited with offsetting the costs carriers would otherwise pay for covering consumers with high medical costs. The reinsurance program lowered premiums for those purchasing on the individual market by 20 percent in its first year. About 250,000 Coloradans purchase their health insurance on the individual market through via the state’s reinsurance program. The bill also reduces provider cost shifting from the individual market and the uninsured to the group market. Additionally, the bill allows for further expansion of coverage to including people in the “family glitch,” which ties what is considered affordable employer coverage to the cost of the employee, rather than factoring in the higher cost of covering the entire family. Staff Note: Disposition of Entry: 53

SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

COVID-19

03-41B-06

Utah

High Risk Population Protection Amendments S 5011

Summary: Allows the Department of Health and local health departments to share certain data regarding coronavirus patients with state agencies for analysis; enacts provisions relating to coronavirus testing of certain individuals at care facilities; requires the Department of Health to collect and publish information relating to risk factors for coronavirus disease. Status: Enacted on July 7, 2020. Comments: Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

COVID-19

03-41B-07

Minnesota

Election Procedures HF 3429

Summary: Relates to elections; provides special procedures for the safe and secure conduct of the 2020 state primary and state general elections; appropriates money for various election related purposes, including administration, security, accessibility, training, public health and safety, and public outreach; authorizes local grants; requires a report; transfers and appropriates money for purposes of the Help America Vote Act, the federal CARES Act, and the federal Consolidated Appropriations Act. Status: Enacted on May 12, 2020. Comments: Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

COVID-19

03-41B-08

Illinois

Liquor Control Act H 2682

Summary: Amends the Liquor Control Act; waives late filing fees to a liquor license holder affected by the coronavirus public health emergency; provides for the renewal of liquor licenses; permits the delivery and carry out of mixed drinks. Status: Enacted on June 2, 2020. Comments: Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

COVID-19

03-41B-09

Louisiana

COVID Testing SB 426

Summary: Requires coverage for COVID-19 diagnostic tests, antibody tests, and antiviral drugs when ordered by a physician for the purpose of making clinical decisions or treating a patient suspected of having COVID-19. COVID-19 diagnostic test means a test that is fully approved or granted an Emergency Use Authorization (EUA) by the U.S. Food and Drug Administration (FDA) and is ordered by a physician for the purpose of diagnosing an active infection or determining recovery from an active infection. COVID-19 antibody test means a test that (i) is fully approved or granted an EUA by the FDA; (ii) follows the Enzyme-Linked Immunosorbent Assay (ELISA) test methodology performed in highly complex clinical laboratories and includes an antibody titer; and (iii) is ordered by a physician for the purpose of determining the likelihood of a previous infection. COVID19 antiviral drug or agent is a medication that is fully approved or granted an EUA by the FDA for the treatment or prevention of COVID-19 infections when ordered by a physician. Coverage is not subject to annual deductibles, coinsurance, copayment, or any other out-of-pocket or cost-sharing expense provisions until December 31, 2021. After December 31, 2021, these services may be subject to these cost-sharing requirements. Does not include diagnostic nor antibody tests for employment-related or public health surveillance testing. Does not apply to excepted benefit policies. Status: Signed by the governor on June 11, 2020. Comments: Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff: 58

COVID-19 Commission

03-41B-10

Uniform Law

Revised Uniform Law on Notarial Acts

Summary: This Act is a revision of the Uniform Law on Notarial Acts as approved by the National Conference of Commissioners on Uniform State Laws in 1982. It provides for the recognition of notarial acts performed in this state, in other states, under the authority of a federally recognized Indian tribe, under federal authority, and in foreign jurisdictions. It applies to notarial acts whether performed with respect to tangible or electronic records.

Status: Most recently enacted in Wisconsin through AB 293 on March 3, 2020. Comments: The Revised Uniform Law on Notarial Acts (2018) is suitable for inclusion in the 2020 volume of Suggested State Legislation because it meets the statesâ&#x20AC;&#x2122; strong interest in remote notarization. The global COVID-19 pandemic prompted many state governors to permit remote notarization on a temporary basis via executive order. This act provides a long-term remote notarization framework for enacting states, along with other valuable updates to state notarial law. The uniform act is drafted in a clear, comprehensive manner, and will require little extra work from the bill drafter to make it ready for introduction in the state legislature. It has been enacted in 16 states, including Wisconsin in 2020. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

COVID-19 Commission

03-41B-11

Uniform Law

Uniform Electronic Wills Act

Summary: The Uniform Electronic Wills Act permits testators to execute an electronic will and allows probate courts to give electronic wills legal effect. Most documents that were traditionally printed on paper can now be created, transferred, signed, and recorded in electronic form. Since 2000 the Uniform Electronic Transactions Act (UETA) and a similar federal law, E-SIGN have provided that a transaction is not invalid solely because the terms of the contract are in an electronic format. But UETA and E-SIGN both contain an express exception for wills, which, because the testator is deceased at the time the document must be interpreted, are subject to special execution requirements to ensure validity and must still be executed on paper in most states. Under the new Electronic Wills Act, the testatorâ&#x20AC;&#x2122;s electronic signature must be witnessed contemporaneously (or notarized contemporaneously in states that allow notarized wills). States have the option to include language that allows remote witnessing. The act will also address recognition of electronic wills executed under the law of another state. For a generation that is used to banking, communicating, and transacting business online, the Uniform Electronic Wills Act will allow online estate planning while maintaining safeguards to help prevent fraud and coercion.

Status: Most recently passed in Utah through HB 6001 in August 31, 2020. Comments: The Uniform Electronic Wills Act addresses a topic that most states addressed in 2020 with an executive order: the execution of a will by electronic means. Although most other documents are legal and enforceable whether on paper or in electronic form, wills are an exception because of provisions in the Uniform Electronic Transactions Act (UETA) and the federal Electronic Signatures in Global and National Commerce Act (ESIGN). In the twenty years since those acts were drafted, advances in security technology make it simple to produce tamper-evident document files, eliminating the need for the original exemptions for wills. The Uniform Law Commission approved the Uniform Electronic Wills Act in 2019 to address the emerging market for online estate planning. Then in 2020, the global pandemic illustrated the need for laws that allow for the execution of wills while complying with social distancing requirements. The Uniform Electronic Wills Act provides a clear, innovative, and technology-neutral approach to the 60

creation and execution of electronic wills, with secure protocols for remote online witnessing and notarization. It was enacted in Utah earlier this year. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

Education

04-41B-01

Indiana

Naturalization Examination S 132

Summary: Relates to civics; provides that as part of the United States government credit awarded for the general, Core 40 with academic honors, and Core 40 with technical honors designation, each high school shall administer the naturalization examination provided by the United States Citizenship and Immigration Services; requires an enhanced study of the Holocaust in each high school United States history course. Status: Signed by the governor on April 25, 2019. Comments: Staff Note: Disposition of Entry:

SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

Education

04-41B-02

Washington

Workforce Education Investment Funding SB 6492

Summary: Addresses workforce education investment funding through business and occupation tax reform; revises provisions relating to the Workforce Education Investment Accountability and Oversight Board and the Workforce Education Investment Account. Status: Signed by the governor on February 10, 2020. Comments: From the Bainbridge Island Review (February 12, 2020) Fewer businesses will be asked to foot the bill for higher education programs after Gov. Jay Inslee signed Engrossed Substitute Senate Bill 6492 on Monday. The bill will restructure the business and occupation tax and surcharges put in place by legislation passed last year to fund investments in public colleges as well as to provide grants that increase access for low and medium-income students. “We are going to make massive investments in public higher ed,” said Sen. Jamie Pedersen, D-Seattle. “Both for the institutions and more importantly, for the students who need access to these services.” Legislation signed last year and put into effect this year stipulated that on top of the B&O tax rate, certain businesses would also pay a Workplace Education Investment Surcharge. Pedersen, the new bill’s prime sponsor, said he and his colleagues realized the demand for higher education programs was much higher than revenues called for in last year’s legislation. Senate Ways & Means Committee staff member Jeff Mitchell said the tax rate that took effect in January was estimated to have generated $773 million in revenue over four years, while this year’s adjustment is estimated to bring in more than $1 billion during the same timespan. Pederson said this new legislation will be “simpler to administer, more predictable and sufficient to meet the needs of the state.” He said the new surcharge will affect less than 15,000 businesses and applies only to those defined as “advanced computing” companies, such as Microsoft or Amazon. The earlier legislation affected more than 80,000 companies.

Advanced computing companies are defined as firms that make computer software or hardware, provide Cloud computing services, manage online marketplaces, or online social networking platforms. Pedersen said he wanted to focus the majority of the revenue collection for workplace education investment on businesses that â&#x20AC;&#x153;by their nature, rely on highly educated professionals.â&#x20AC;? Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

Education

04-41B-03

Wisconsin

Teacher Preparatory Programs SB 230

Summary: Provides for teacher preparatory programs and granting rule making authority; provides that no license to teach in any public school may be issued unless the applicant possesses a bachelor's degree including such professional training as the department by rule requires. Status: Signed by the governor on February 4, 2020. Comments: From Channel 3000 (February 4, 2020) Governor Tony Evers took questions from students and signed two bills into law at Milton High School Tuesday morning. In front of a full auditorium, Evers detailed the two bills, Senate Bill 230 and Assembly Bill 528, for the students in attendance. Also in attendance was local representative Don Vruwink (D- Milton), State Senator Janis Ringhand (D-Evansville) and student representative Grace Quade. Senate Bill 230 will address licensing requirements for Wisconsin teachers, especially as it refers to student teaching requirements they must complete. By signing this bill, Evers says it will be easier for more teachers to enter the workforce. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

Education

04-41B-04

Oklahoma

Schools Requiring Advanced Placement Courses HB 3400

Summary: Requires all public high schools to make at least four advance placement courses available to students; effective 2024-25 school year. Status: Signed by the governor on May 19, 2020. Comments: From Fox 25 (May 20, 2020) Legislation requiring all Oklahoma public high schools to offer at least four Advanced Placement (AP) courses to students beginning in the 2024-25 school year was signed into law by the governor Tuesday. House Bill 3400, authored by State Rep. Rhonda Baker and State Sen. Gary Stanislawski, allows schools to choose the type of AP courses offered. “Data-driven research shows that high school students are better prepared for higher education coursework and the workforce when they take a blend of both AP and concurrent enrollment classes,” said Baker, the chair of the House Common Education Committee. Stanislawski, chair of the Senate Education Committee said he was gratified that this was his last measure to present to the full Senate. “I appreciate the opportunity for this to be my final bill, promoting advanced placement courses, regardless of what zip code a child lives in. That’s a legacy we can all be proud of.” said Stanislawski. Baker said schools will be able to select the platform on which to offer these courses, whether in a traditional classroom setting, a virtual option or through an area CareerTech. The bill directs the State Department of Education to provide information to all local boards of education, to be distributed to students and parents, on available opportunities and the AP enrollment process. Virtual schools also would need to make these course options available. Nearly six in ten Oklahoma schools do not currently offer a single AP course, many of those in rural areas. Baker said this legislation is a way to ensure all students throughout the state have access to at least some AP courses so they are equally prepared for higher learning and the job market. 66

Education

04-41B-05

Florida

Intercollegiate Athlete Compensation and Rights SB 646

Summary: Authorizing certain intercollegiate athletes to earn compensation for the use of their names, images or likenesses; prohibiting a postsecondary educational institution and other entities, institutions, and their employees from compensating intercollegiate athletes or prospective intercollegiate athletes for the use of their names, images or likenesses; prohibiting the revocation or reduction of certain aid as a result of intercollegiate athletes earning certain compensation or obtaining specified representation; providing requirements for certain athlete agents, etc. Status: Signed by the governor on June 12, 2020. Comments: From USA Today (June 12, 2020) Florida Gov. Ron DeSantis on Friday signed a bill that is aimed at helping college athletes in the state make money from their name, image and likeness, beginning on July 1, 2021. DeSantisâ&#x20AC;&#x2122; action makes Florida the third state with this type of law, joining California and Colorado. However, Floridaâ&#x20AC;&#x2122;s law is set to go into effect 18 months earlier than the other two. Because DeSantis (R) endorsed the idea of such legislation last October, his signature had been expected since the bill completed its path through the state legislature in midMarch, just as the coronavirus pandemic was taking hold in the United States. But now that it's official there will be even more urgency among college sports officials to lobby for the passage of a federal law that would supersede any state actions. The NCAA Board of Governors, its top policy-making group, has approved in principle a series of significant reforms related to athlete name, image and likeness (NIL), but many important details remain to be worked out before the associationâ&#x20AC;&#x2122;s pledged completion date of January 2021. "I viewed it as something that was a matter of fairness, and just understand what we're not talking about," DeSantis said at a press conference Friday. "We're not talking about, you get a scholarship to Florida State or Miami and the universities are gonna pay you, that's not what we're talking about. You're an amateur. ... But, in a situation where you have some great athletes especially in sports like football and basketball whose likeness is being used to make millions and millions and dollars and they don't even have an opportunity to get any of that, there's something fundamentally unfair." 68

Meanwhile, NIL measures were introduced in dozens of state legislatures over the past eight months. Rep. Anthony Gonzalez (R-Ohio) said last week during a video meeting of the Knight Commission on Intercollegiate Athletics that he plans to introduce a bill by late June or early July that he says will be “bipartisan and bicameral.” There is already a bill in Congress from Rep. Mark Walker (R-N.C.), but it has stalled. "Gov. Ron DeSantis was an early supporter of this law. Florida will now afford our state’s 11,000 collegiate athletes the ability to earn a living, the same as their fellow students," Rep. Chip LaMarca (R), one of the primary sponsors of the bill, said. "For far too long, the collegiate athletic system professionalized everyone associated with athletics except for the young women and men who put in all the hard work. Today, we changed that." In May, Senate Commerce Committee Chairman Roger Wicker (R-Miss.) sent a letter to the NCAA, each of the Power Five conferences and dozens of other college sports organizations and schools asking for responses to 20 questions related to the issue. It seems likely that the committee will hold a hearing on the matter, which also has drawn the attention of Sens. Chris Murphy (D-Conn.), Mitt Romney (R-Utah) and other members of that chamber. As with the California law and the NCAA’s proposal, Florida’s law will allow athletes to have agents or lawyers help them secure NIL deals. But Florida’s bill has a number of provisions that are not in the California law. They represent an attempt to address some of college athletics administrators’ concerns about athletes being able to more easily monetize their name, image and likeness than they can under current NCAA rules. Under the law: ►While athletes will be able to get NIL compensation on their own, “such compensation must be commensurate with the market value of the authorized use of the athlete’s name, image, or likeness,” although the bill does not define market value. Gonzalez and others have raised the prospect of having an independent, third-party group oversee these types of determinations. ►Compensation related to NIL “may not be provided in exchange for athletic performance or attendance at a particular institution” and can only be provided by a third-party not affiliated with the school. How this would be enforced is not addressed. Gonzalez said that in the bill he envisions, “we’ll be sensitive to that and have federal penalties for those who break those rules.” ►A school, a booster group or any other school fundraising entity — or an officer, director or employee of a school or such a group — “may not compensate or cause 69

compensation to be directed to a current or prospective” athlete for their NIL. This is an effort to sideline leaders of booster groups and keep athletics departments from having staffers help athletes line up deals. The NCAA’s concepts also have schools being prohibited from being involved in helping arrange these deals. ► An athlete cannot have a deal that includes any term that "conflicts with a term of the intercollegiate athlete’s team contract." This provision is aimed at addressing schools' concerns about athletes having arrangements that could hurt school deals. This issue is particularly important in the area of shoes and apparel. ►An athlete who makes an NIL arrangement must disclose the contract to their school "in a manner designated by the institution." Florida lawmakers believe that their law would less susceptible to legal challenge from the NCAA than California’s law because it only directs schools in the state to allow athletes to have greater freedom regarding their NIL — it does not address the NCAA. The California law expressly addresses the NCAA, saying the association cannot keep athletes from participating in college sports because they are making money from their NIL and it cannot keep a school from participating in college sports because its athletes are getting money from their NIL. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

Environment

05-41B-01

California

Lodging Establishments: Personal Care Products: Small Plastic Bottles. AB 1162

Summary: Prohibits a lodging establishment, as defined, from providing a small plastic bottle containing a personal care product to a person staying in a sleeping room accommodation, in any space within the sleeping room accommodation, or within a bathroom shared by the public or guests. Status: Signed by the governor on October 9, 2019. Comments: From The Pew Charitable Trusts (November 19, 2019) Love those dainty little bottles of shampoo, conditioner and hand lotion in hotel bathrooms? Do you take them home, use them for guests or donate them to the local homeless shelter? You won’t be able to for much longer — states, localities and some hotel chains are scrapping the tiny amenities. The bottle bans follow recent efforts to curb other single-use plastic products, including shopping bags, eating utensils, straws and balloons. Supporters say the moves will reduce the amount of plastic waste filling landfills and polluting the seas. California enacted a law earlier this year, set to take effect in 2023, banning the mostly 1- to 2-ounce bottles. New York state is considering a similar measure, and local jurisdictions such as Fulton County (Atlanta), Georgia, also are getting into the act. Even without legislation, Marriott International, Hyatt Hotels and the company that owns Holiday Inn plan to replace the single-use bottles with large pump dispensers. Marriott said eliminating 500 million small bottles a year will save 1.7 million pounds of plastic. But opponents worry about the economic hit to the personal product and plastics industries, and many see meddling by the state in personal choices. The plastics industry opposes the bills because “product bans are not a long-term solution to the plastic waste issue,” said Shannon Crawford, spokeswoman for the Plastics Industry Association. “Expanding and enhancing our current recycling infrastructure is.” Travel industry analysts say hotels — with the possible exception of very high-end lodging where luxury amenities are part of the experience — should welcome the bans as a money-saver. They also will help hotels appeal to environmentally conscious customers. “I see what’s going on with hotels as part of this larger trend,” said Henry Harteveldt, president of Atmosphere Research Group in San Francisco, a travel analytics firm. 71

“None of these small actions will save our planet individually. But collectively, if we can reduce waste, it’s good.” But he pointed out that the hotels’ actions are not completely selfless. “It’s what I call a ‘greenwashing’ move,” he said. “The hotels are wrapping a sustainability message around a move that will help them save money on toiletries. There’s nothing wrong with saving money on toiletries, and it will reduce some waste.” Many hotels already post signs urging guests to reuse their towels as a way to save water — an environmentally friendly move that also happens to reduce laundering costs. The California law will prohibit a container of 12 ounces or fewer from being set out in hotels unless a customer asks for one. In general, hotels plan to replace the small bottles with multi-use dispensers mounted on shower walls. Hotels with more than 50 rooms must comply by 2023 and smaller hotels by 2024. The bill does not apply to Airbnb or other short-term rental platforms. "This bill is a win-win [for industry],” said California Assemblyman Ash Kalra, a Democrat from San Jose. “It does force the issue by putting in a timeline when they have to phase out [the bottles]. Ultimately they save money, but you have to have this instigation to get them moving. Just because it’s a cost savings doesn’t mean hotels are going to do it, because there’s an upfront cost for dispensers.” But opponents, like California Republican Assemblyman James Gallagher, who voted against the bill, said it’s too much fuss over not very much. “Let’s start with the fact that, in California, we have wildfires, power outages, skyrocketing crime, homelessness and poverty. I feel like banning shampoo bottles is not high on the priority list for me,” he said in a phone call. “I don’t really think it’s that much of a problem. They [the bottles] can be recycled. I kind of like the shampoo bottles. I take them home with me.” The new law puts pressure on the hotel industry. Wyndham Hotels had resisted making the switch, with marketing representative Noelle Nicolai telling The Wall Street Journal in May 2018 that the little bottles, done correctly, “can be one of the top drivers of delight and guest satisfaction.” Now the chain is “working on eliminating single-use plastic,” according to a statement emailed to Stateline. “We are exploring viable alternatives,” Wyndham spokeswoman Jane Danese said in the statement, “including, but not limited to, straws, utensils, containers and packaging to offer our owned and managed properties while ensuring a positive guest experience.” Industry expert Harteveldt said guests’ reactions sometimes depend on the brand of shampoo and body wash being handed out by the hotels. “If they are mainstream brands, there may be nothing special about them in terms of taking them home. But if 72

they are premium brands … bringing them home to use or even raiding the housekeeping cart may be part of the experience that the guests get.” Reneta McCarthy, senior lecturer in the Cornell University School of Hotel Administration, said the little soaps and shampoos are “a piece of that marketing message, the memory of that experience — maybe you have a basket in your bathroom, so when a guest comes they can choose a shampoo or whatever.” But, she said, if the hotels save money on the little bottles, perhaps they could put that money into high-end products in larger dispensers to enhance the experience of staying in that accommodation. Kalra said he hopes more states, cities and hotels look to California as a model. One reason some hotels signed onto the new law, he said, is that they didn’t want to have to deal with smaller jurisdictions one by one. Kalra’s legislation was modeled after Santa Cruz County’s ordinance. The California movement inspired similar legislation in New York. Long Island Democratic state Sen. Todd Kaminsky has introduced legislation that he hopes to pass after the legislature convenes in January. The New York bill also would go into effect in 2023 for large hotels and 2024 for hotels with fewer than 50 rooms. Kaminsky said he also was persuaded by personal experience. “My time as a legislator in Albany requires me to stay many nights in hotels,” he said. “During the day, I was hearing about a plastic crisis in our country.” He estimated hotels in New York City alone use more than 27 million tiny plastic bottles a year, based on data from the InterContinental Hotels Group. The World Bank reported that in 2016 about 242 million tons of plastic waste was produced worldwide, making up 12% of all municipal solid waste. Solid waste overall is expected to grow to 3.4 billion tons annually by 2050, the bank said. After China, for decades the largest importer of used plastic, last year tightened its standards for what scraps it would accept, recycling has become harder and more cities and towns have reduced their programs. “In light of what California has done and what we are doing, hotel chains see the handwriting on the wall,” Kaminsky said. As for consumers, he dismissed the idea that they might suffer from “environment fatigue” with all the new anti-plastic regulations. “The other way to look at it is that we have been polluting the waters and streams for decades and it’s not getting better; we’re using more and more single-use [plastics] every year. It will be a little disruptive, but we owe it to the planet to do this.” But the plastics industry maintains that banning its products is not necessarily planetsaving. Tony Radoszewski, president of the Plastics Industry Association, testified to Congress just last month that some product bans force consumers to switch to something even worse for the environment. 73

For example, he said, California’s plastic bag ban in 2016 “led to an increase in carbon emissions due to increased paper bag usage as well as skyrocketing trash bag sales, which use more plastic.” Without the free plastic bags from stores, consumers might buy new plastic bags for uses such as lining trash cans. He cited a January 2019 study from the University of Sydney that found when California eliminated 40 million pounds of plastic carryout bags, purchases of new plastic trash bags increased by 12 million pounds, meaning that nearly 30% of the reduction was negated by new bag purchases. Kalra said there was brief consideration during debate on how his bill might harm homeless shelters and groups that feed, clothe and tend to those living on the street. Small bottles of soap, shampoo and other personal care items often are distributed to the homeless, who can’t carry around large containers of liquid. Michael Ferrell, executive director of the Coalition for the Homeless in Washington, D.C., said when people donate toiletries “we certainly make use of them,” but the group also purchases small bottles in bulk, he said. He said the donations come sporadically. “We are more likely to get them toward the end of the year or the beginning,” he said, dates that coincide with the end of holiday season giving and the end of the holiday travel period. Kalra had another idea. “It wasn’t lost on me that could be a concern,” he said. “Look, the hotel industry is saving a lot of money with dispensers; if they donate even a fraction of what was given to the homeless,” that could help. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

Environment

05-41B-02

New Mexico

Energy Transition Act SB 489

Summary: This bill commits New Mexico to 50% carbon free electricity by 2030 and 100% carbon free electricity by 2045. Status: Signed by the governor on March 22, 2019. Comments: From the Las Cruces Sun News (March 23, 2019) Making good on a campaign promise, New Mexico Gov. Michelle Lujan Grisham on Friday signed landmark legislation that will mandate more solar panels and wind turbines as the state sets ambitious new renewable energy goals. The Democratic governor, environmentalists and others gathered at the state capitol for a signing ceremony. The measure requires that investor-owned utilities and rural electric cooperatives get at least half of their electricity from renewable sources by 2030. That would jump to 80 percent by 2040. A 100 percent carbon-free mandate would kick in five years later for utilities. Electric coops would have until 2050 to meet that goal. Lujan Grisham, who took office in January, said the legislation resulted from a year of negotiations that brought together utilities, unions and environmental advocates. “The Energy Transition Act fundamentally changes the dynamic in New Mexico,” she said in a statement. “This legislation is a promise to future generations of New Mexicans, who will benefit from both a cleaner environment and a more robust energy economy.” Aside from the renewable energy quotas, funds will be established to help ease the economic pains of closing the coal-fired San Juan Generating Station near Farmington. Critics described the legislation as a boon for Public Service Co. of New Mexico, which operates the power plant. Language in the law will allow Public Service Co. of New Mexico and other owners of the San Juan to recover investments in the plant by selling bonds that are later paid off by utility customers. The utility plans to shutter the plant in 2022 as part of its plans to divest coal-fired generation.

Regulatory and market pressures have pushed many utilities across the U.S. to move away from fossil fuels. PNM is no exception, and utility executives have said that despite the new law, they already were on a path that would boost the percentage of renewable and carbon-free energy sources within their portfolio. “PNM is fully aware of the challenges this legislation places squarely on our company, but we know there is no better place than New Mexico to grow the renewable energy economy,” said Pat Vincent-Collawn, PNM Resources’ president and chief executive. She said the company will be taking the challenge head on and will work to balance “this new path forward” with the needs of its workers and customers. The company touted its current portfolio, saying existing wind, solar and geothermal resources annually generate enough electricity to power more than 154,000 average homes. The company also said customers will realize savings in their bills through the refinancing of bonds related to the San Juan plant and the production of more electricity from renewable sources. State energy secretary Sarah Cottrell Propst described the new law – with its new quotes, financing mechanism for retiring coal plants and community assistance programs – as the strongest package of its kind in the U.S. Governors in Wisconsin and Colorado have campaigned on renewable energy, while legislation calling for higher renewable energy quotas was introduced in Illinois and Minnesota. In Washington state, Gov. Jay Inslee has pushed legislation aimed at eliminating fossil fuels like natural gas and coal from his state’s electricity supply by 2045. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

Environment

05-41B-03

Washington

Plastic Bag Bill SB 5323

Summary: This bill bans the use of single-use plastic bags throughout the state. Status: Signed by the governor on March 25, 2020. Comments: From KREM (March 25, 2020) Washington Gov. Jay Inslee signed a bill into law on Wednesday that bans the use of single-use plastic bags in the state. Inslee called the move "a victory for our environment." The Washington state Senate approved the measure in January. Senate Bill 5323 then headed to the House, where it stalled last year. The legislation, which goes into effect on Jan. 1, 2021, bans retailers from giving out single-use plastic carryout bags and requires an 8-cent charge for other bags handed out. The 8-cent charge would help stores cover the cost of paper or durable, reusable bags and create an incentive for shoppers to bring their own bags. The fee will increase to 12 cents in 2026. The legislation also requires paper bags to be made from 40% recycled material. Under the legislation, carryout bags do not include those used by consumers inside stores to package bulk items; contain or wrap items where dampness or sanitation may be a problem; and newspaper bags, mailing pouches or sealed envelopes, among others. Once the law goes into effect, stores will be given a year to use up whatever plastic bags are already in their inventory. Some conservative lawmakers supported the Democrat-sponsored legislation in the hopes it will create paper bag demand and energize Washingtonâ&#x20AC;&#x2122;s pulp and paper industry. Some opponents of the legislation have argued that plastic bags can help reduce the potential spread of COVID-19 in grocery stores and other retail shops. Staff Note:

Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

Environment

05-41B-04

New Jersey

Environmental Justice Communities S 232

Summary: Protects “overburdened” communities from polluters by requiring any business or company that wants to build in that target area to submit a statement evaluating the potential effects on asthma, lead poisoning, cancer, cardiovascular disease and developmental issues. Status: Signed by the governor on September 18, 2020. Comments: From Next City (September 29, 2020) Pollution is an environmental justice issue. It affects low-income, marginalized communities first and most, as they also bear the brunt of climate change and habitat destruction. People of color contribute less, yet suffer more from pollution, research has shown, and this is especially true in cities with high population density. In New Jersey, the most densely populated state in the country, Black Americans are five times more likely to die from asthma than white people, and Hispanic people are twice as likely, according to an analysis by the NJ Department of Health, which looked at data from 2015 to 2017. Dovetailing with environmental crises, protests have unearthed racial inequities in all corners of public policy, and this past summer Black Lives Matter protests in New Jersey resurrected a tabled environmental justice law that had been in limbo for years, reports NorthJersey.com. Gov. Phil Murphy publicly stated his support for the bill, S-232, on Juneteenth of this year, and signed it into law last week along with U.S. Senators, Newark Mayor Ras Baraka and environmental advocates. The law will be one of the toughest of its kind on top polluters, and is one of the most stringent environmental justice laws in the country, said the Office of the Governor in a press release. The law will protect “overburdened” communities from polluters by requiring any business or company that wants to build in that target area to submit a statement evaluating the potential effects on asthma, lead poisoning, cancer, cardiovascular disease, and developmental issues. Along with the statement, the company is required to hold a public community hearing in the particular neighborhood prior to permit application, reports NorthJersey.com.

An “overburdened” community is defined, according to the census, as having one or more of the following demographics: 35 percent or more low-income households, 40 percent of residents are minorities or of a State-recognized tribal community, or 40 percent or more households have limited English proficiency. In New Jersey, 310 municipalities qualify as overburdened, according to the bill. The polluters that will be held to this law include fossil fuel power plants or refineries, and any other major source of pollution, medical waste incinerators, waste, recycling and scrap metal facilities, sewage and sludge facilities, and landfills, according to the report. If the Department of Environmental protection finds the environmental or public health assessment to have disproportionately negative effects on the state’s vulnerable populations than it would in a non-burdened municipality, it is mandated to deny the permit, says the bill. “Today we are sending a clear message that we will longer allow Black and Brown communities in our state to be dumping grounds, where access to clean air and clean water are overlooked,” said Gov. Murphy in the press release. “This action is a historic step to ensure that true community input and collaboration will factor into decisions that have a cumulative impact for years to come. I’m incredibly proud that New Jersey is now home to the strongest environmental justice law in the nation.” Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

Environment

05-41B-05

Oregon

Relating to Forests; And Declaring an Emergency. SB 1602

Summary: Enhances collaboration between state and private sector to gather GIS data pertaining to the use of pesticides. Status: Signed by the governor on July 7, 2020. Comments: From KDRV (June 26, 2020) The Oregon Senate has passed legislation that solidifies a landmark agreement between timber companies and environmental groups brokered in February. Senate Bill 1602 is supposed to establish greater clean water protections in Oregon's forest communities, focusing on "science-based" forest management practices in the state. If passed in the House and signed into law, the bill would ban the use of aerial pesticides near homes and schools. It would also create buffers between logging sites and the waterways inhabited by salmon, steelhead, and bull trout. “This legislation is a welcome commitment to pursue science-based rules for managing the forests that Oregonians value and love,” said Senator Jeff Golden, D-Ashland, the new Chair of the Senate Committee on Environment and Natural Resources. “It’s also a genuinely historic step towards resolving a conflict that’s divided us for far too long.” According to Senate Democrats, the bill formalizes the February agreement between loggers and environmentalists to continue "productive discussions" and keep modernizing Oregon's forest practices. It charges the Governor with facilitating those mediation sessions. “The status quo of aerial pesticide spraying practices has been extremely harmful,” said Senate Majority Leader Rob Wagner, D-Lake Oswego. “Our vote today will help ensure that forest industry practices are not hurting the health of workers, families and even school children. The process the timber industry and environmental groups will undergo will also ensure transparency, which is critical, as these practices have such a great impact on everyday lives and our environment.” The bill now goes on to the House of Representatives for consideration. Staff Note:

Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

Environment

05-41B-06

Maine

An Act To Implement Recommendations of the Department of Environmental Protection Regarding the State's Mercury-added Lamp Law LD 1668

Summary: Further integrate GIS technology civil infrastructure development. Utilizes GIS modeling to determine the adequate number and geographic distribution of collection locations for mercury-added lamps. Status: Signed by the governor on June 13, 2019. Comments: This law adjusts coverage of the program that recycles mercury lamps, and also encourages recycling by providing more locations for collection and for education and outreach to the public. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

Environment

05-41B-07

Minnesota

Summary: Public drainage system acquisition and compensation of ditch buffer strips accelerated, and runoff and sediment option provided when charging for public drainage ditch repairs. Status: Signed by the governor on May 15, 2019. Comments: When assessing public drainage ditch repairs, the drainage authority must appoint one or more persons qualified to use geographic information system technology and applicable digital information, to apportion repair costs. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

Environment

05-41B-08

Washington

Concerning Wildfire Prevention HB 1784

Summary: Increasingly utilize GIS data in government projects, initiatives etc. Status: Signed by the governor on May 8, 2019. Comments: Requires use of GIS to record features relating to timbered and cut-over areas of the state, areas where forest health treatments were undertaken on state, federal, or private land, public general transportation roads and public and private logging roads, water bodies, and other features on the landscape relevant in planning a fire response. Intended to be used by fire personnel to assist in response decision-making. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

Environment

05-41B-09

Missouri

Utility Infrastructure H 2120

Summary: Use of GIS (or an alternative physical mapping system) to accurately identify the location of each shut off valve and water hydrant within the community water system. Status: Signed by the governor on July 2, 2020. Comments: From the Missouri House UNIFORM SMALL WIRELESS FACILITY DEPLOYMENT ACT (Section 67.5122, RSMo) This bill extends the sunset date for the Uniform Small Wireless Facility Deployment Act from January 1st, 2021, to January 1st, 2025. INFRASTRUCTURE SYSTEM REPLACEMENT SURCHARGE FOR GAS CORPORATIONS This bill modifies the definition of "appropriate pretax revenues" and "gas utility plant projects" for provisions of law relating to an infrastructure system replacement surcharge (ISRS) for gas corporations. By January 1, 2022, gas corporations must develop a pre-qualification process to file with the Public Service Commission for contractors to install ISRS-eligible gas utility plant projects. Any gas corporation whose ISRS is found by a court of competent jurisdiction to include illegal and inappropriate charges shall refund every current customer of the gas corporation who paid such charges, before the gas corporation can file for a new ISRS. Any ISRS petition thereafter shall be accompanied with a verified statement that the gas corporation is using a competitive bidding process for installing no less than 25% of ISRS-eligible gas utility plant projects. Under this bill, the lowest and best bid in the competitive bidding process shall receive the contract to perform the project. The Public Service Commission shall prepare an annual report on the competitive bidding process for the General Assembly beginning December 31, 2023. The provisions of law relating to the ISRS for gas corporations shall expire on August 28, 2029 (Sections 393.1009 to 393.1015). RURAL BROADBAND ACCESS FUNDING Currently, the broadband internet grant program for unserved and underserved areas of the state expires on August 28, 2021. This bill extends the program until June 30, 2027 (Section 620.2459). 86

COMMUNITY WATER SYSTEMS This bill creates the "Water Safety and Security Act" and specifies that within one year, every community water system in the state that uses an Internet-connected control system must create a plan that establishes policies and procedures for identifying and mitigating cyber risk. They must also create a valve inspection and a hydrant inspection program as specified in the bill and must submit a report upon the request of the Department of Natural Resources that certifies compliance with regulations regarding water quality sampling, testing, reporting, hydrant and valve inspections, and cyber security plans. These requirements do not apply to cities with a population of more than 30,000 inhabitants, Jackson or St. Louis counties (Sections 640.141, 640.142, 640.144, and 640.145). LEAD TESTING IN SCHOOLS The bill permits, subject to appropriations, each school district to test a sample of a source of potable water in a public school building in that district serving students under first grade and constructed before 1996 for lead contamination as specified in the bill. The water samples may be submitted to a Department of Health and Senior Servicesapproved laboratory and the results of such testing may be submitted to the department. If any of the samples tested exceed the U.S. Environmental Protection Agency standard, the school district shall notify the parents or guardians of enrolled students. If the samples tested are less than or equal to the standard, the district may notify parents individually or on the school's website (Section 701.200). Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

Environment

05-41B-10

New York

An Act to Require the Office of Parks, Recreation and Historic Preservation to Create a Plan Regarding Non-motorized Multi-use Trails SB 4416

Summary: Requires the office of parks, recreation and historic preservation to create a plan regarding non-motorized multi-use trails in consultation with the department of environmental conservation, the department of health and the department of transportation. Status: Signed by the governor on November 20, 2019. Comments: From Niagara Frontier Publications (June 24, 2020) The New York State Office of Parks, Recreation and Historic Preservation Division of Environmental Stewardship and Planning announced the release of the final scoping document for the Draft Statewide Greenway Trails Plan and Draft Generic Environmental Impact Statement (DGEIS). State Parks is preparing a plan for a comprehensive statewide system of non-motorized multiuse trails (greenway trails) as directed by legislation signed by Gov. Andrew Cuomo last November (S.4416.b/A5035B). This statewide greenway trails plan will identify trail user types, address trail needs and trends, and discuss the benefits of trails. The draft plan will solicit input from of state and local stakeholders as well as from the general public, and compile a GIS inventory of existing and proposed greenway trails across the state. The final plan will guide decision-making, influence greenway development policy in state and local governments, and inform communities, organizations and individuals engaged in trail development and management. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle 88

( ) Reject Comments/Note to staff:

Environment

05-41B-11

Virginia

Virginia Geographic Information Network; Transfer of Responsibilities HB 1003

Summary: Transfers the support and administration of the 9-1-1 Services Board and Virginia Geographic Information Network Advisory Board from the Virginia Information Technologies Agency to the Virginia Department of Emergency Management. The bill also adds the State Coordinator of Emergency Management to the Virginia Geographic Information Network Advisory Board. Status: Signed by the governor on March 23, 2020. Comments: Transfers responsibilities of the Geographic Information Advisory Board from the Information Technology Agency to the Department of Emergency Management. Establishes a Geographic Information Network Division to foster creative utilization of geographic information and oversee development of GIS data catalogue (consisting of descriptions of GIS coverages maintained by individual executive branch and local government agencies) available in the Commonwealth. Creates GIS fund. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

Environment

05-41B-12

Pennsylvania

An Act Amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, in 911 Emergency Communication Services, Further Providing for Definitions, for Telecommunications Management, for Counties, for Fund, for Telephone Records, for Inventory and for Termination of Chapter SB 127

Summary: To support geospatial call routing to ensure the required GIS information is available and maintained to support the next generation 911 call delivery, counties are required to a) cooperate with each other to develop the PSAP boundary, emergency service boundary, provisioning boundary and road centerline data sets; b) share GIS data needed to support geospatial call routing to ensure the required GIS information is available and maintained to support the next generation 911 call delivery. Status: Signed by the governor on June 28, 2019. Comments: Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

Government

06-41B-01

Texas

Deepfakes and Election Security SB 751

Summary: Amends current law relating to the creation of a criminal offense for fabricating a deceptive video with intent to influence the outcome of an election. Status: Effective on September 1, 2019. Comments: From Government Technology (January/February 2020) The past year has seen a remarkable rise in the quality and quantity of deepfakes — realistic-looking images and videos produced with artificial intelligence that portray someone doing or saying something that never actually happened, such as Nixon delivering an alternate moon landing speech. As the tools to produce this synthetic media advance, policymakers are scrambling to address public concerns, and state lawmakers in particular have put forth several proposals this year to respond to deepfakes. One of the top concerns is that deepfakes will be used as part of a misinformation campaign to influence elections. For example, researchers at an MIT conference demonstrated how they could use the technology to create a real-time fake interview with Russian President Vladimir Putin. In response to such concerns, Texas passed a law in September to criminalize publishing and distributing deepfake videos intended to harm a candidate or influence results within 30 days of an election. California passed a law in October that makes it illegal for anyone to intentionally distribute deepfakes intended to deceive voters or harm a candidate’s reputation within 60 days of an election. The law excludes news broadcasters from its rules, as well as any videos that are made for satire or parody and videos that are clearly labeled as being fake. These laws are good steps toward preventing campaigns from using deepfakes to attack their opponents, but they will do nothing to stop foreign political interference. And some First Amendment activists are concerned these laws might unduly restrict free speech. Another major concern is that deepfake technology is used to create pornographic images or videos of individuals — mostly female celebrities — without their consent. In a September 2019 study, Deeptrace, an Amsterdam-based company that detects and tracks deepfakes on the Internet, found 14,678 deepfake videos on popular streaming websites — double the number from December 2018 — and discovered that 96 percent of the fake videos involved nonconsensual pornography. These videos are popular, having received approximately 134 million views. So far only one state, California, has passed a law addressing this issue. In October, Gov. Gavin Newsom signed a law that 92

allows individuals to sue someone who has created a deepfake that makes their likeness appear in pornographic images or videos, even if the content is labeled as fake. The law tries to balance free speech concerns by excluding materials that have legitimate public interest, such as being newsworthy. While this law will provide victims with some recourse, it will not help them if the source of the material is anonymous or out of the state’s jurisdiction, nor will it stop the distribution of the content. The last major issue lawmakers are grappling with is how to protect the rights of individuals to control the commercial use of their image and identity. Deepfake technology is advancing to the point that performers may have their likeness fully recreated in digital form, allowing their image to be used in projects they have no direct involvement in, even after their death. Celebrities typically charge for commercial use of their likeness, and these rights can be enormously valuable, so many want to ensure that they maintain these rights even with emerging technology. The New York state Legislature considered, but ultimately did not pass, legislation supported by the Screen Actors Guild that would have established a new right of publicity for individuals. In particular, it would have extended this right of publicity to 40 years past an individual’s death, and it would have prohibited non-consensual use of a “digital replica” of an individual without their (or their heirs’) consent. Most of these laws generally take the right approach: They make it unlawful to distribute deepfakes with a malicious intent, and they create recourse for those in their state who have been negatively affected by bad actors. However, it is important that lawmakers carefully craft these laws so as not to erode free speech rights or undermine legitimate uses of the technology. As other states consider whether to pursue these types of laws, they should proceed cautiously, recognizing that deepfake technology is changing rapidly. And state laws will only be a first step — websites will also need to take down this content, and the rules for this may need to be decided at the federal level. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

Government

06-41B-02

Texas

Public Financing of Construction Projects SB 178

Summary: The bill requires a public entity that commissions or manages a construction project within the coastal building zone, using funds appropriated from the state, to conduct a sea level impact projection (SLIP) study prior to commencing construction. Status: Signed by the governor on June 29, 2020. Comments: From WJCT (June 30, 2020) Florida Governor Ron DeSantis has signed a bill that would require state-financed coastal developments to account for sea level rise and storm surge. “This bill really is the first transformative piece of legislation on climate the legislature has ever passed,” said Miami Democratic Senator Jose Javier Rodriguez, who introduced SB 178. “It says climate change is real, it’s here, and we have to plan for it when we’re spending state taxpayer dollars.” The bill requires any public entity initiating a coastal project, whether a state agency or local government, to hire an engineer to complete a sea level impaction projection, or SLIP, study, according to guidance from the Department of Environmental Protection. “That's, I think, a cost that all of us are willing to bear to make sure that we're not wasting billions of dollars over the next couple of decades on new construction and on improvements to publicly funded projects that could have been done more wisely,” said Rodriguez. The results of all SLIP studies will be posted on the Environmental Protection Agency’s website. While the law would not require any action to be taken after the study is finished, Rodriguez says that by publicly posting the results, residents will act as a sort of enforcement mechanism by putting pressure on the state or local governments to responsibly use taxpayer dollars. And Rodriguez says by factoring climate risk into building projects, money will likely be saved. “We're going to save money over the long term. It may be more expensive right now, but it will save money over the life of a project, because you'll extend the life of it by

maybe a decade, maybe more, by designing it now in a way that accounts for the future,” he explained. The legislation, which unanimously passed both the Florida House and Senate, got only one no vote this legislative session and that came from Fernandina Beach Republican Aaron Bean. Bean’s office did not respond to a request for comment by this story’s deadline, but before voting against the bill in a February committee stop, he said, “I just hear how hard it is to build anything, to get a building permit for anything, so I worry that we’re putting up more red tape.” However, when the bill made its way to the Senate floor, Bean joined his colleagues and voted in support. “Senator Bean is a staunch defender of local government and I think it was a misunderstanding in terms of the reach of the bill,” Sen. Rodriguez explained. “He was ultimately a yes vote on the Senate floor, so I think we worked out some of the concerns that he had.” Rodriguez hopes this momentum will carry over into future legislative sessions so the state can tackle the other impacts of climate change, as well as its causes. State Rep. Vance Aloupis (R-Miami-Dade) sponsored the House version of the bill (HB 579). Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

Government

06-41B-03

Illinois

State Officials and Employees Ethics Act S 1557

Summary: Amends the State Officials and Employees Ethics Act; prohibits officers, members, spouses and immediate family members living with such persons, from holding an ownership interest, other than a passive interest in a publicly traded company, in any cannabis business establishment which is licensed under the Cannabis Regulation and Tax Act for a specified time period after such persons leave an elected office. Status: Signed by the governor on December 4, 2019. Comments: From JDSUPRA (December 4, 2019) Beginning January 1, 2020, adults over the age of 21 in the state of Illinois will be allowed to legally purchase cannabis from licensed dispensaries. This Illinois recreational cannabis program will have a significant social equity component, including giving a leg up to socially disadvantaged groups in areas with high rates of arrest, conviction and incarceration related to cannabis, or areas of high poverty and unemployment that have been historically affected by the criminalization of cannabis. Illinois regulators started accepting applications December 10, 2019 and will continue to do so through January 2, 2020 for 75 new recreational use dispensary licenses. These licenses will be distributed by May 1, 2020 and are in addition to the 30 existing medical cannabis dispensary licenses to begin legal retail sales on January 1, 2020 – all currently held by non-minorities. Social equity applicants will be awarded a 20 percent bonus in this new application scoring process if they either live in a designated “disproportionally impacted area,” have a low-level drug record or have a close relative with one, or are able to prove that employees hired meet those criteria. Illinois has issued a map with disproportionately impacted areas which shows more than 2 million Illinoisans living in these areas. This program is unique because of this social component and because existing license holders, and new ones, are paying into the Cannabis Business Development Fund through loan repayments, license transfer funds and a percentage fee levied on license fees that companies pay to operate. This fund will provide loans and grants to social equity applicants that win licenses. This Illinois law also provides an avenue for industry involvement for those applicants who live or who will hire individuals that live in “Disproportionately Impacted Area”, which the law defines as a census tract or comparable geographical area that satisfies certain criteria such as: (i) the area has a poverty rate of at least 20% according to the latest federal decennial census; (ii) 75% or more of the children in the area participate in 96

the federal free lunch program according to the reported statistics from the State Board of Education; (iii) at least 20% of the households in the area receive assistance under the Supplemental Nutrition Assistance Program; or (iv) the area has an average unemployment rate as determined by the Illinois Department of Employment Security that is more than 120% of the national average. Census Tract 8432 is a swath of land in Chicago that include parts of Bridgeport and East Pilsen (roughly 34% of the total land in the Census Tract)1 . According to the City of Chicago provided data, 25.8% of households in Pilsen are below the poverty line. Nevertheless, Pilsen is a resurgent and popular neighborhood in Chicago. This area is one of many in the Chicago-area and Illinois at large that is potentially ripe for entrepreneurs to enter the Illinois cannabis space via the social equity provisions in the Illinois law. There is some concern that these measures may not work in the way intended. The process is expensive â&#x20AC;&#x201C; requiring a nonrefundable $5,000 application fee with winners paying $60,000 for the new dispensary licenses. The complicated 400-page application may limit who can realistically apply or necessitate hiring a consultant to navigate through it. The social equity points given for hiring impacted minorities may also work against local entrepreneurs and favor big cannabis companies. Despite these issues, officials, 2 observers and participants are hopeful this program can be a blueprint for future social equity programs in the cannabis field. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

Government

06-41B-04

Kansas

Advance Ballot Voting SB 130

Summary: Permits persons voting an advance ballot to correct a signature deficiency prior to the final canvass. Status: Signed by the governor on April 15, 2019. Comments: From KWCH (April 16, 2019) Governor Laura Kelly has signed a new bill she says makes voting more convenient in Kansas. “Over the past decade, we have seen countless efforts aimed at making voting more difficult in this state,” Governor Kelly said in a press release. “I hope this will be the first of many laws that help ensure that every voice is heard in our democratic process and that every vote is counted.” The new law amends the law concerning advance ballots, signature requirements and polling places. Her office says it will expand and improve voting opportunities. House Substitute for Senate Bill 130 will give county election officials the discretion to allow all registered voters to cast their ballot at any polling place in their county on election day. It also requires county election officers to attempt to contact each voter who submitted an advance voting ballot without a signature or with a signature that does not match the signature on file. The voter will be allowed to correct their signature before the commencement of the final tallying of votes in that county. “This law is about local control and protecting every vote,” Kelly said. “I applaud all of the local and state officials who worked together to make this law a reality, especially those in Sedgwick County who were the driving force behind it.” Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B 98

( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

Government

06-41B-05

Nevada

Revises Provisions Related to Elections AB 4

Summary: Allows for automatic mailing of ballots to registered voters. Status: Signed by the governor on August 3, 2020. Comments: From CBS News (August 3, 2020) State lawmakers passed a bill Sunday that would add Nevada to a growing list of states that will mail all active voters ballots ahead of the November election amid the coronavirus pandemic. The bill now heads to Gov. Steve Sisolak. If he signs it as expected, Nevada will join seven states that plan on automatically sending voters mail ballots, including California and Vermont, which moved earlier this summer to adopt automatic mail ballot policies. Proposals to expand the use of mail ballots have sparked pushback from Republicans, including President Donald Trump, who in tweets, has claimed it would lead to fraud and compromise the integrity of the election, including in Nevada. Consensus among experts is that all forms of voter fraud are rare. Secretary of State Barbara Cegavske told lawmakers Friday that she wasn't aware of any fraud in the June primary, during which Nevada mailed all active voters absentee ballots and only opened a limited number of polling places to prevent the spread of coronavirus. Limited polling places in Reno and Las Vegas resulted in lines of up to eight hours. The U.S. Center for Disease Control has issued election guidance to provide a wide variety of voting options and limit crowds at polling places. In the June primary, each county had one polling place except for Clark County, which had three throughout the Las Vegas area. Assembly Bill 4 requires at least 140 polling places throughout the state, including 100 in Clark County, which had 179 in the November 2018 election. Christine Saunders of the Progressive Leadership Alliance of Nevada said the long waits in the June primary demonstrated why Nevada needs both mail and in-person voting opportunities. "No one should have to choose between their health and voting. No one should have to choose between staying in line to vote and making it to their job on time," she said. 100

In states such as Colorado and Oregon, which have mailed all voters ballots for years, the procedure is cheaper than holding an in-person election. But Cegavske said the equipment, education, printing and postage would cost the Secretary of State's office an additional $3 million, not including costs to counties, which distribute and tabulate ballots. Nevada spent more than $4 million in federal relief dollars in the June primary, most of which it funneled to counties. More than $1 million went toward leasing counting and sorting machines to accommodate a greater number of absentee ballots. Cegavske, the state's top election official and only Republican to hold statewide office, opposed the revised procedures. She blasted the Democratic-controlled Legislature for excluding her from discussions and said she saw a draft of the bill only a day before the vote in the state Assembly. "We were not involved in this bill's writing at all ... I wish somebody would have asked us about because we could have told you what we had planned," she said Friday. To bypass Cegavske and enact the changes, the bill gives the governor the power to command the Secretary of State to adjust election procedures during a declared state of emergency. It passed on a party-line vote through both the state Senate and Assembly, with Democrats in favor and Republicans opposed. Republicans were particularly distressed with provisions of the bill that expand who is allowed collect and hand in ballots. They warned it would enable a practice detractors call "ballot harvesting," in which volunteers working for political groups collect and turn in large quantities of ballots to tip the scales in elections. "It's a safeguard that our state I believe we need ... I feel that taking it out â&#x20AC;&#x201D; and it is in this bill â&#x20AC;&#x201D; would be devastating, not only to us, but to our state," Cegavske said. Democrats argued allowing people other than family members to return ballots would help groups like members of Nevada's 32 tribes, who have historically faced difficulty voting and live far form polling places and seniors â&#x20AC;&#x201C; who may need assistance with voting and fear venturing to the polls. In the June 2020 election, all voters were mailed ballots and 1.6% voted in-person on Election Day, a tiny share compared to the 34.2% that voted in-person in the November 2018 election. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note 101

( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

102

Government

06-41B-06

Colorado

Concerning the implementation Colorado Secure Savings Program SB 20-200

Summary: Implements a statewide retirement savings program for all private-sector employees in the state not currently enrolled in a retirement plan. Status: Signed by the governor on July 14, 2020. Comments: From Pensions & Investments (July 20, 2020) Colorado Gov. Jared Polis signed into law a bill implementing a statewide retirement savings program for all private-sector employees in the state not currently enrolled in a retirement plan. Mr. Polis signed SB20-200, which establishes the Colorado secure savings program fund in the state treasury, on July 14, making Colorado the latest state to implement an automatic individual retirement account program for private-sector workers. Other states with similar programs include California, Connecticut, Illinois, Maryland, New Jersey and Oregon. Sponsored by state Sens. Kerry Donovan and Brittany Pettersen and state Reps. Tracy Kraft-Tharp and KC Becker, all Democrats, SB20-200 was proposed in March after the Colorado Secure Savings Plan Board recommended that the state establish a statesponsored automatic IRA program and launch a financial education system for employees. The Colorado House passed Senate Bill 20-200 on June 12 after the state Senate passed the bill on June 6. The Senate approved the amended bill 19-16 on June 13. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject 103

Comments/Note to staff:

104

Government

06-41B-07

Oklahoma

Oklahoma Open Meeting Act SB 661

Summary: Oklahoma Open Meeting Act; providing for meeting by teleconference or videoconference; meeting notice requirements; authorizing executive sessions by certain methods. Emergency. Status: Signed by the governor on March 18, 2020. Comments: From OMAG (March 19, 2020) On March 18th, 2020 Governor Stitt signed into law Senate Bill 661 which temporarily modifies the Oklahoma Open Meeting Act to allow for teleconferencing as a method of holding public meetings that are subject to the Act. The modification will extend until the State of Emergency declared by Governor Stitt is terminated or November 15, 2020, whichever date occurs first. The new law adds Teleconferencing as an option and clarifies the requirements for videoconferencing. "Teleconference" means “a conference among members of a public body remote from one another who are linked by telecommunication devices and/or technology permitting auditory communication between and among members of the public body and/or between and among members of the public body and members of the public.” "Videoconferencing" now means “a conference among members of a public body remote from one another who are linked by interactive telecommunication devices or technology and/or technology permitting both visual and auditory communication between and among members of the public body and/or between and among members of the public body and members of the public. During any video conference, both the visual and auditory communications functions shall attempt to be utilized.” The language changes in the bill provide for: Relaxation of In-Person quorum: Members of a governing body (City Council, Town Board, Public Trust, etc.) may attend a meeting: Remote by Teleconference

105

Remote by Videoconferencing By attending at the physical location of the meeting, if there is one. All or even a majority (quorum) may attend remotely through one of the two options. The Bill also allows a meeting to be held remotely and without a physical location. Requirement to post governing body membership attendance methods: In addition to regular notice posting requirements (date, time, location, matters to be discussed) the notice must identify whether teleconferencing or videoconferencing will be used as well as how each member plans to attend the meeting (video conference, or teleconference, or in-person). Once the meeting notice is posted, governing body members cannot change their method of attending the meeting (i.e. a member designated to attend in person cannot then attend by teleconference or video conference). The only exception is that a member designated to attend remotely may instead attend the meeting in person (so long as a physical location for the meeting was listed). Public access to all documents: All documents shared electronically with governing body members during the meeting must be immediately available to the general public in the same form as they were shared with the members of the governing body. Many cities and town provide Agenda materials in paper form. However, a more convenient method to address this requirement may be to provide agenda material electronically and through the city or town website. General Public Attendance Required via audio or video conference: Members of the general public who attend the meeting remotely must be allowed to participate in the meeting to the same extent that they could if they attended the meeting in-person. This means that, if you allow the public to speak (during citizen comments or during a public hearing item), then those who attend remotely must be given the chance to speak via the teleconference or video conference. If you use Slack, Microsoft Teams/Skype, or GoToMeeting, be prepared to use the large meeting format. Fortunately, these services have offered free expanded licenses for large meetings due to the Coronavirus emergency. See below under â&#x20AC;&#x153;Technical Assistanceâ&#x20AC;? for more details and links to free resources. Audio disconnects: If the audio disconnects due to a problem or issue, the meeting is suspended until the audio is restored. Recording requirements:

106

The meeting must be recorded by written or electronic means. All votes occurring during any meeting utilizing teleconference or video conference shall occur and be recorded by roll call votes. Executive Sessions: These are now allowed via teleconference or video conference. The Notice of meeting and the agenda identifying the executive session must identify whether teleconferencing or videoconferencing will be used as well as how each governing body member will attend the session (see #2, above). Requirement to post Notice of meetings at the principal office or meeting location is suspended: The public body shall not be required to make the notice of a public meeting available to the public in the principal office of the public body or at the location of the meeting during normal business hours at least twenty-four (24) hours prior to the meeting. The suspension of this requirement shall also extend until the State of Emergency declared by Governor Stitt is terminated or November 15, 2020, whichever date occurs first. Technical Assistance: All major web conferencing solutions often include screen sharing, document sharing, video sharing through built-in laptop web cams are room cameras, audio conferencing using computer microphones and speakers, and teleconferencing (sometimes referred to as a conference bridge) as a backup solution using phone numbers with a passcode or meeting number. Rising to the top, 3 providers are offering their enhanced, or paid for versions for free due to the COVID-19 emergency. This includes GoToMeeting, Microsoft Teams (part of Office 365), and Google Hangouts Meet (part of Google G-Suite). Of these, OMAG is already a heavy user of Microsoft’s solution as OMAG has been a long-time adopter of Office 365. LogMeIn’s GoToMeeting service is offering free “Emergency Remote Work Kits” for municipalities, health care providers, and other non-profit organizations. Information on requesting a free Emergency Remote Work Kit from GoToMeeting is available here. Microsoft’s solution, called Microsoft Teams, which is part of Office 365, has removed restrictions on the free version for individuals and organizations through January 2021, with support for 250 participants with 10,000 viewers, recording, and screen sharing. They have also added a free 6-month trial of Office 365 E1 which includes this option. Information on Microsoft’s free offerings for the emergency are available here. Google’s Hangouts Meet tool is also offering free access to the tool, with 250 participants and live streaming to 100,000 viewers, recording, and screen sharing. More information on Google’s offerings during the emergency are available here.

107

All of these solutions can essentially tick every box above. They allow a meeting organizer to limit members of the public to “View Only”, can temporarily authorize attendees (in this case, members of the public) to speak for the open comments period, allow for members of the public to view the same documents and files, and can record the meeting for later posting on a website or Youtube channel. OMAG’s recommendation from a technical perspective would be to test the technology with your governing body members in advance of the meeting but on a one-on-one basis, using your local IT resources. OMAG’s IT Department also stands ready to offer advice and assistance by emailing itsupport@omag.org Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

108

Health

07-41B-01

Texas

Surprise Billing Protections SB 1264

Summary: Relating to consumer protections against certain medical and health care billing by certain out-of-network providers. Status: Signed by the governor on June 14, 2019. Comments: From NPR (January 1, 2020) Texas now has one of the strongest laws in the nation against surprise medical bills, to protect people in state-regulated health plans from getting outrageous bills for out-ofnetwork care, reports KUT's Ashley Lopez. It looked like the new law may have been weakened in November when the Texas Medical Board drafted the rules for implementing it. The board, made up of health care providers, tried to get a blanket exception to the law for virtually all nonemergency cases. Instead, following an outcry from advocates and media coverage by KUT, NPR and Kaiser Health News, the board decided to relinquish its rule-making authority. â&#x20AC;Ś Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

109

Health

07-41B-02

New Jersey

An Act Making Appropriations for the Support of the State Government and the Several Public Purposes for the Fiscal Year Ending June 30, 2020 and Regulating the Disbursement Thereof A 5802

Summary: Makes FY 2020 supplemental appropriation of $9.5 million to DOH for family planning services Status: Signed by the governor on January 2, 2020. Comments: From NJ.com (January 2, 2020) New Jersey will provide $9.5 million more in state taxpayer money to family-planning clinics such as Planned Parenthood to make up for federal funding they forfeited by opposing a controversial abortion rule from President Donald Trump’s administration. Gov. Phil Murphy on Thursday signed a bill into law that immediately allocates the funding for the current fiscal year — which he said will help clinics across the state provide health services for tens of thousands of New Jerseyans. Last summer, Trump’s administration introduced a rule barring clinics that receive federal aid from telling patients where they can get an abortion. In response, Planned Parenthood announced it was withdrawing from the federal Title X program, which provides $8.8 million in funding to women’s health and family-planning centers in New Jersey. About 100,000 residents in the state — largely women — use such clinics. Of those, about 77,000 use Planned Parenthood. The rule was one of many steps the Trump administration has made to restrict access to abortion, a key issue for many of conservative Christian voters who support the Republican president. Murphy, a Democrat who often opposes Trump, said the president “made a conscious decision to block women from vital information critical to their health.” “Planned Parenthood made a conscious decision to continuing providing vital information to their patients, knowing it would cost them much-needed federal funds,” Murphy, dressed in a pink tie, pocket square, and socks to match the color of Planned Parenthood’s logos, said before signing the law at his office in Trenton.

110

“And today, we’re making a conscious decision to stand with Planned Parenthood and with all who stand for reproductive rights, and to stop President Trump from harming our fellow New Jerseyans,” the governor added. This law (A5802) allocates money in the current state budget that runs through June 30, to replace federal funds the New Jersey clinics gave up. The state Department of Health is in charge of disbursing the funds. The Democratic-sponsored bill passed the Democratic-controlled state Legislature along party lines late last year. The state Senate approved it 25-15 and the state Assembly 49-21 with one abstention. For the additional aid to continue after July 1, the governor and Legislature would have to allocate the funds again in the next state budget. Lt. Gov. Sheila Oliver noted that Planned Parenthood clinics focus on much more than abortion, providing family planning, cancer screenings, and other health-care services — largely to low-income women but also to some men. “Women’s health care and reproductive rights are not just the ‘A word,'” Oliver said. “We cannot have a group of men in Washington, D.C. … make determinations about women having access to the care they need.” Murphy and Democratic state lawmakers have long been supporters of Planned Parenthood. In 2018, they restored $7.5 million in the state budget after eight years of it being cut by former Gov. Chris Christie, a Republican. It was the first the first bill Murphy signed into law after succeeding Christie. Marie Tasy, executive director of New Jersey Right to Life, criticized the new law Murphy signed Thursday, calling it “a disgraceful money grab” by the governor and lawmakers to use tax dollars help a group that supports Democrats in elections. “The taxpayers of New Jersey should not be forced to fund abortion — and make no mistake, that is what this bill will do,” Tasy added. Meanwhile, state Senate President Stephen Sweeney, a sponsor of the legislation, praised Murphy for signing it. But Sweeney, D-Gloucester, also criticized the governor — a frequent rival — for continuing to freeze other money in the state budget, including funding for a program fighting cancer. Murphy signed an executive order last year freezing $235 million in the budget to make sure revenue projections pan out. Sweeney slammed the move, saying it largely hurt South Jersey, the region he represents. The governor has since released $114 million. But Sweeney suggested Thursday that Murphy is being hypocritical by providing more funding for women’s health services while still withholding money for cancer patients.

111

“The women of New Jersey deserve the best health care that Planned Parenthood and other clinics can provide, just as cancer patients seeking services in South Jersey do,” Sweeney said in a statement. Murphy’s administration stressed there are no plans to put the new $9.5 million for family planning in reserve. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

112

Health

07-41B-03

Indiana

Short-Term Insurance Plans H 1631

Summary: Relates to short-term insurance plans; requires an insurer that issues a short-term insurance plan to offer at least one plan that is subject to certain conditions in connection with health status related factors; amends current provisions exempting short-term health insurance from accident and sickness insurance policy requirements; provides for two renewals, a duration of not more than a number of months, and a maximum annual benefit of at least a specified amount. Status: Signed by the governor on May 6, 2019. Comments: Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

113

Health

07-41B-04

Minnesota

Emergency Insulin Assistance Program HF 3100

Summary: Relates to health care; establishes an emergency insulin program; establishes a state insulin patient assistance program; requires participation by pharmacies and insulin manufacturers; requires reports; appropriates money. Status: Signed by the governor on April 15, 2020. Comments: From the Minnesota House of Representatives (April 14, 2020) Today, the Minnesota House of Representatives passed the conference committee report on the Alec Smith Insulin Affordability Act. The legislation establishes an emergency insulin program for the Minnesotans who need it most, with insulin manufacturers financially participating in the solution. Alec’s Bill passed on a vote of 111-22. “Minnesotans should not lose their lives because they can’t afford the insulin they need to survive,” said House Speaker Melissa Hortman. “Thanks to the advocacy of thousands of Minnesotans, and to Representative Michael Howard's dedicated leadership, this legislation is on its way to the Governor's desk. The Alec Smith Insulin Affordability Act will provide emergency access, long-term affordability, require insulin manufacturers to be part of the solution, and is ready to implement right now.” Alec Smith passed away in 2017 at the age of 26 when he aged off of his parents’ health insurance and was forced to ration his insulin that he could no longer afford, due to its incredibly high cost. Alec’s story is unfortunately not unique, as at least two more Minnesotans have died from insulin rationing since last year’s legislative session. These tragic stories have put a spotlight on the skyrocketing cost of insulin, which has tripled in the last ten years. Studies indicate that 1 in 4 diabetics have resorted to rationing their medication due to the lack of access to affordable insulin. “Thank you to Nicole Smith-Holt, James Holt, and all the advocates who have contributed to this cause,” said Majority Leader Ryan Winkler. “Sharing their pain made this legislation possible, and all of us who are parents of diabetics are in their debt. House DFLers will continue our efforts to address the high prices of prescription drugs and to hold the pharmaceutical companies accountable.” The Alec Smith Insulin Affordability Act will ensure that Minnesota’s diabetics, who cannot afford their insulin and are facing an emergency need, can access a 30-day supply at their pharmacy for a co-pay of $35. Eligible Minnesotans include those who 114

are uninsured, under-insured, receiving Medicare, and who do not have access to low co-pays. The legislation also streamlines the process by which Minnesotans can access affordable insulin in the long-term. Insulin manufacturers would participate in the program and could be fined up to $3.6 million a year, doubling in the second year, for non-compliance. “The fight for affordable insulin shows us the immense power that comes from leading with our humanity and engaging in this fight together,” said Rep. Michael Howard (DFL Richfield), author of the Alec Smith Insulin Affordability Act. “Despite stiff opposition and deep pockets from those intent on preserving the status quo, a mighty few banded together and became an unstoppable force for good in this world. Thank you to the insulin advocates that have delivered a victory for the people of Minnesota that will save lives.” Alec’s Bill is the product of more than a year of work with patients, health care providers and other stakeholders. It has the backing of organizations representing patients, doctors, nurses and pharmacists, including the AARP, Minnesota Nurses Association, Minnesota Medical Association and Minnesota Pharmacists Association. The legislation can be found here. A video recording of today’s floor debate can be found here. The legislation is now expected to pass in the Minnesota Senate and be subsequently signed into law by Governor Walz. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

115

Health

07-41B-05

South Dakota

Hearing Loss Reporting Criteria HB 1228

Summary: Includes children with a hearing loss in the reporting criteria specific to language and literacy development required for deaf and hard of hearing children. Status: Signed by the governor on March 23, 2020. Comments: From the Argus Leader (March 24, 2020) South Dakota's deaf and hard of hearing community claimed a long-fought victory in this legislative session. Gov. Kristi Noem on Tuesday signed a bill into law that will better track the language and literacy development milestones of all children who are deaf and hard of hearing across the state, regardless of whether they receive special education services. House Bill 1228 will require the state to expand its current tracking range from children ages birth to five to children from birth through age 18 or until age 21. It alters the state's use of its Language Equity and Acquisition for Deaf Kids law passed in 2018, one of only a handful Lead-K laws passed nationwide. The bill is one of two this legislative session prompted by an Argus Leader investigation into deaf education shortcomings in the state. That investigation found the state has ignored the needs of deaf and hard of hearing children for decades, leaving hundreds at risk of falling through the cracks and missing out on the free appropriate education guaranteed to them under federal law. The other measure, Senate Bill 117, failed to pass out of the Senate in February. It would have mandated the state education department to establish certain programs for children who are deaf and hard of hearing under the Deaf Child's Bill of Rights. The vote was 18-17 in favor of the bill, but because of a last-minute amendment to fund the bill, it failed to reach the required two-thirds majority vote. The education department also opposed Senate Bill 117. "It is wonderful that we are making an impact on deaf and hard of hearing students and their ability to succeed," said Rep. Erin Healy, D- Minnehaha, when the House Bill passed its last hurdle earlier this month to get to Noem's desk. "By counting all students, the state can evaluate whether there's enough support for students right now,

116

and the data collection can also be used to identify the gaps in learning, where they're happening and how we can address those problems." The state is required to start reporting the data July 1, 2021, according to the bill. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

117

Health

07-41B-06

North Carolina

Authorize Individuals to Wear Masks and Face Coverings for Health Purposes SB 232

Summary: An act to repeal confidentiality of certain death investigation information and to authorize individuals to wear masks and face coverings for health purposes. Status: Signed by the governor on July 10, 2020. Comments: From The News & Observer (July 10, 2020) Starting in August, it won’t be illegal for people in North Carolina to wear face masks, with Gov. Roy Cooper signing legislation into law that will allow the face coverings for public health reasons indefinitely. The change is intended to help fight the spread of the coronavirus. Cooper has made mask-wearing mandatory in public until at least July 17, although he could extend that. Until earlier this year, it had been illegal to wear masks in public in North Carolina because of a 1950s law targeted at the KKK. Senate Bill 232, which Cooper signed Friday afternoon, also includes language to repeal a controversial public records provision in Senate Bill 168 if signed into law. However, Cooper vetoed SB 168 Monday. “The overwhelming support for this legislation demonstrates support among state leaders for wearing a mask to slow the spread of COVID-19,” Cooper said in a press release. “This is important as we move forward to limit the spread of the virus so we can educate our children and push the economy forward.” When lawmakers reconvened this spring, they voted to suspend the 1950s law until Aug. 1. The Centers for Disease Control and Prevention recommends cloth face coverings to slow the spread of the novel coronavirus. Rep. Darren Jackson, a Democrat from Wake County, tried several times during the session to extend the measure beyond Aug. 1 by adding amendments into varying bills. Those measures failed until this week, when the House introduced SB 232. The bill passed the House floor Tuesday and the Senate floor Wednesday. The House previously passed a measure that would extend the legality of wearing a mask for public health reasons until February, but the Senate removed the measure 118

from the bill in the early hours of June 26. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

119

Health

07-41B-07

Florida

Reproductive Health Bill (Fertility Fraud) SB 698

Summary: The bill establishes protections for people who are dealing with infertility and seek medical assistance to artificially conceive a child. Status: Signed by the governor on June 18, 2020. Comments: From Vice (April 22, 2019) When 36-year-old Matt White was 15, his biology teacher gave his class an assignment: Students were to go home, ask their parents what their blood type was, and then determine the probability of their own using Punnett squares. When Matt approached his mother and father with the question, they had more to reveal than whether they were type O, A, B, or AB. “My parents sat me down and told me that my father was unable to have children and that they had to use an anonymous donor to have me,” he told Broadly. “I felt bad for my father and his inability to have kids, [but] I pretty much just continued on with life. I didn't think much about it. My dad was my dad, and my family was my family.” Later in life, Matt and his mother, Liz White, occasionally drove by the Indianapolis fertility clinic where he was conceived. “She always pointed it out: ‘That's the building [where] I got pregnant with you,’” Matt said. Thirty-six years ago, Liz sat in that building, the office of fertility doctor Donald Cline, waiting to receive an artificial insemination using an anonymous donor who she was told was a graduate resident. Cline walked her into the exam room, handed her a drape to cover herself with, shut the door, and disappeared for a few minutes. “I'm thinking, He's going into what's referred to as the magazine room to collect the donor's semen,” she said. There was no donor in the other room. Instead, Cline left Liz’s exam room to masturbate, collecting his own semen to inseminate her. From 1974 until at least 1987, Cline used his own semen for fertility treatments on his patients dozens of times while telling them he used anonymous donors, resulting in at least 50 children, including Liz’s son Matt, who share his DNA. What Cline did was not illegal—not in the state of Indiana where he was based, nor in Texas, Idaho, Virginia, or Connecticut, states where strikingly similar fertility fraud cases

120

have been raised, and where fertility fraud is protected in state laws that would otherwise logically cover the offense, like sexual assault and criminal deception. “We were continually told by the prosecutors that there just aren't laws in place to charge him with anything,” says Matt. “A state law for fraud should be able to catch this type of conduct, particularly after it was discovered,” says Jody L. Madeira, fertility fraud expert and professor of law at Indiana University Maurer School of Law. "But there are a lot of state laws out there that are really quirky.” In her paper “Holding Physicians Accountable for Insemination Fraud,” Madeira outlines each of these laws and the loopholes which allow fertility fraud to exist on legal ground, like evidentiary issues, expired statutes of limitations, and antiquated sexual assault legislation. Under Indiana law, rape occurs only when “a person knowingly or intentionally engages in sexual intercourse or sexual conduct with another person who is compelled by force or imminent threat of force, unaware that the sexual conduct is occurring, or is incompetent and cannot consent to sexual conduct.” Madeira explains that the only potentially applicable provision here is that the patient is unaware that sexual conduct is occurring, but prosecutors on Cline’s case believed it would be too difficult to prove that Cline’s actions were sexually motivated without an admission from him saying so. Prosecutors agreed that Cline could not be charged with anything related to fertility fraud. Instead, he was found guilty of two obstruction of justice charges for initially lying to investigators about whether or not he inseminated patients using his own sperm. His one-year jail sentence was suspended. To date, the only state in the US with a law explicitly prohibiting fertility fraud is California, where, in 1995, couples learned that, unbeknownst to them, a fertility doctor was implanting their embryos inside of other patients. The shock Matt White experienced from learning the truth about his conception was twofold: once when he found out that Cline was his biological father through the genetic testing service 23andMe, and again when he learned that what Cline had done was not illegal. “There's nothing more intimate in a couple's life than becoming pregnant and having a child,” says Matt. In the early 2000s, while Matt and his wife were trying to conceive, they learned that, like his father, Matt was unable to have biological children. Instead, he and his wife relied on an anonymous donor through IVF for both of their two kids. “To think that someone would take advantage of that situation… You just assume that safeguards and procedures are [in place] and the ethics and morals of the doctors are correct,” he says.

121

In 2016, Matt and Liz made it their mission to get those safeguards written into law. With the support of other families affected by Cline’s actions, they shared their story with legislators and petitioned them to introduce a bill explicitly criminalizing fertility fraud. After years of working with senators to draft a thorough bill, SB 174 was approved in Indiana’s House and Senate last week. The bill includes a crucial detail that is unique to fertility fraud legislation: It allows for the doctor’s patient, the patient’s spouse, and the donor-conceived child to bring a civil action against a healthcare provider accused of fertility fraud. Currently, SB 174 is awaiting signature on Governor Eric Holcomb’s desk, and will likely become the first law outside of California specifically outlawing insemination from a source other than that to which the patient agreed. Cline’s victims aren’t the only people directly affected by fertility fraud who are pushing the government to finally make it illegal. When Eve Wiley, a professional counselor from Texas, learned that her mother’s fertility doctor was also her biological father through 23andMe, she met with lawmakers to push a bill that would classify the act as sexual assault. The bill passed in the Texas Senate last week and awaits approval by a house committee. The two fertility fraud bills poised to become law raise questions about how we categorize this act of deception. The Texas bill qualifies insemination using sperm from someone who the patient has not consented to as sexual assault—but the Indiana bill does not. Both bills, however, categorize fertility fraud as a felony. According to Madeira, the Texas bill got it right. “The Texas bill really gets to the heart of what fertility fraud is: not only a doctor betraying the trust, but betraying the doctorpatient fiduciary relationship, inserting himself literally or some part of himself into the woman's bodily cavity, betraying her autonomy, and also inserting himself, his own genetic lineage into her family tree—against her will,” she explains. “And it's against her will because she was never given an opportunity to consent to it.” Liz White agrees.“The [sexual assault] element is not that it's forceful in that scenario. It's an issue of trust and lies. We were totally lied to. That is still sexual,” she says. She and Matt considered pushing for a fertility fraud amendment under Indiana’s sexual assault law, but they figured categorizing the bill under fraud and deception would give it a better chance in the House and Senate. Still, Liz hopes that the state’s new committee on fertility laws, which is mandated under their current bill, will look into fertiity fraud as a form of sexual assault. In the past five years, Madeira has tracked a sharp spike in fertility fraud cases nationwide, which she attributes to both the rise of direct-to-consumer genetic testing and a decreasing stigma towards infertility. As the number of people who learn that they are victims of fertility fraud grows, she suspects that more people across the country will follow in the footsteps of Indiana and Texas to push for legislation against it. “Changes for state law tend to be brought by people who are angry that they weren't able to attain accountability,” she says, but we 122

won’t actually know whether or not fertility fraud is illegal in other states until similar cases arise and lawsuits are filed that put states’ fraud and sexual assault laws to the test. Both Indiana and Texas bills have been rare nearly unanimous bipartisan efforts. While it may be shocking that the criminalization of fertility fraud isn’t standard across the country, if these two states serve as any indication, those looking to bring forth future fertility fraud legislation will be able to find the resolutions they seek. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

123

Health

07-41B-08

Louisiana

Authorizes the Recommendation of Medical Marijuana for Additional Conditions and Allows any State-licensed Physician to Recommend Medical Marijuana HB 819

Summary: Authorizes the recommendation of medical marijuana for additional conditions and allows any state-licensed physician to recommend medical marijuana. Status: Signed by the governor on June 11, 2020. Comments: From NORML (June 15, 2020) Democratic Gov. John Bel Edwards has signed a series of bills into law greatly expanding patients’ ability to access medical cannabis products. Late last week, the Governor signed House Bill 819, which expands the discretion of physicians so that they can recommend cannabis therapy for “any condition” that he or she “considers debilitating to an individual patient and is qualified through his [or her] medical education and training to treat.” Under the current law, doctors may only recommend medical cannabis products to those patients with a limited number of select conditions, such as HIV and cancer. The new law takes effect on August 1, 2020. At that time, Louisiana will join a handful of other states — including California, Maine, and Virginia –- that have enacted similar measures providing physicians with the ability to recommend medical cannabis preparations to any patient who they believe may benefit from them. Commenting on the measure, NORML’s Deputy Director Paul Armentano said: “This is common sense legislation that provides physicians, not lawmakers, the ability and discretion to decide what treatment options are best for their patients. Just as doctors are entrusted to make decisions with regard to the supervised use of opioids and other medicines – many of which pose far greater risks to patients than cannabis – the law should provide doctors with similar flexibility when it comes to recommending cannabis therapy to a bona fide patient.” The Governor also signed into law two additional measures, House Bill 418, which provides immunity from prosecution to “any facility that is licensed by the Louisiana Department of Health that has patients in its care using medical marijuana,” and House Bill 211, which encourages banks and other financial institutions to provide services to state-licensed medical cannabis businesses. 124

House Bills 418 and 211 also take effect on August 1, 2020. State lawmakers enacted a limited medical cannabis access law in 2016. However, the program did not become operational until August of last year. Currently, fewer than 4,000 patients are registered to access medicinal cannabis products under the law. Staff Note: The two companion bills referenced in the comments above â&#x20AC;&#x201C; HB 211 and HB 418 â&#x20AC;&#x201C; relate to finance and prosecution immunity for cannabis businesses. Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

125

Health

07-41B-09

Utah

Insulin Access Amendments HB 207

Summary: The bill sets requirements that regulated health plans provide at least one low-cost or no-cost option for enrollees needing insulin and provides four pathways to comply with those standards. All patients, including patients who are uninsured or whose plans are not subject to regulation, may participate in a bulk purchasing arrangement through the state's public employee's health plan that allows them to take advantage of negotiated discounted pricing. The bill also changes rules relating to the dispensation of insulin and allows pharmacists to change prescriptions in some cases or to dispense on an exhausted or expired prescription on a limited basis. Status: Signed by the governor on March 30, 2020. Comments: From Cache Valley Daily (March 10, 2020) The Utah Legislature on Tuesday voted by a large majority to pass House Bill 207 â&#x20AC;&#x201C; Insulin Access and Amendments. The bill had bi-partisan support and will be sent to the desk of Utah Governor Gary Herbert. HB 207 is sponsored by Rep. Norm Thurston and numerous co-sponsors with input from the Utah Chapter of T1 International, a non-profit organization run by people impacted by type 1 diabetes. The bill provides a multi-pronged approach that makes insulin more affordable and accessible. It requires that health plans cover insulin with no deductible in the lowest copay tier, which means that it could be 100 percent covered. If a plan elects to not comply, then this law would create a co-pay cap of $30 per month per prescription. If insurance companies comply, it does give them the ability to structure their benefit plans as they see fit, as long as it still accomplishes the goal of making insulin affordable. According to a press release from T1 International, this would ensure that there is some transfer of power back into the hands of the health plan and the consumer. The cost of insulin is currently exorbitant, with retail prices of insulin analogs around $350 per vial. Many patients use two to four vials per month. Since not everyone can afford such steep prices, one in four individuals turn to rationing their insulin which can lead to serious and often deadly complications of Type 1 diabetes. In the press release about the bill passing, Mindie Hooley, T1 International Utah #insulin4all Chapter Leader said, â&#x20AC;&#x153;My Utah #insulin4all Chapter will not sit here quietly and watch the price of insulin kill our loved ones. I donâ&#x20AC;&#x2122;t want to hear anymore stories 126

about deaths or about people rationing insulin or about the sacrifices people are having to make to keep their children alive. Itâ&#x20AC;&#x2122;s my mission to make a change. HB 207 needed to be passed because lives literally depend on this bill.â&#x20AC;? Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

127

Health

07-41B-10

Minnesota

Drug Price Transparency SF 1098

Summary: Requires manufacturers to report price increases in excess of 10% in a 12-month period, or in excess of 16% in a 24-month period. The bill also requires manufacturers to report specified information regarding new brand name and generic prescription drugs with prices above CMS thresholds. Requires manufacturers to report specified information regarding newly acquired drugs that are brand name drugs priced over $100 for a 30-day supply or generic named drugs priced over $50 for a 30-day supply. Requires public posting of prescription drug pricing information, an annual legislative report, and enforcement authority for the commissioner of health. Status: Signed by the governor on May 20, 2020. Comments: From the Duluth News Tribune (April 20, 2020) The Minnesota Senate on Monday, April 20, approved a proposal to require prescription drug manufacturers to explain why they hiked prices of their drugs. The move aimed at preventing companies from increasing prices with little or no reason comes after more than a year of negotiation between a bipartisan coalition of state lawmakers, patient advocacy groups, doctors, pharmacists, drug manufacturers and others. The bill moves next to the Minnesota House of Representatives for consideration after the Senate approved it on a 63-2 vote. Under the bill, drug manufacturers that priced prescriptions drugs at more than $100 for a 30-day supply, raised a brand name drug price by more than 10% in a 12-month period or increases the price of a generic drug by 50% or more during a 12-month period would be required to report the increase to the Minnesota Department of Health and explain what drove the increase. That information would then be made public and companies that failed to provide the information in a timely manner would be subject to state penalties. The bill's author Sen. Julie Rosen, R-Vernon Center, said the proposal didn't go as far as some would've wanted, but it was a bipartisan plan that gained support among various stakeholders. And it was a good first step in making pharmaceutical companies think twice before approving "horrendous" price increases, she said. "Health care delivery is changing as we speak," Rosen said. "And transparency and accountability is key. And beginning to get the consumer engaged, empowering the consumer is very very important." 128

Lawmakers voted down an amendment to allow the attorney general sue companies that issue "unconscionable" price increases for their products and another proposed change that would allow pharmacists to discuss the cost to obtain a prescription drug. Legislators raised concerns about how the measure could open a door to trade secrets and could adversely impact drug rebate programs. And others said it didn't go far enough to bring down the price of prescription drugs. “I think this bill is a small step forward but it doesn’t go far enough for transparency,” Sen. John Marty, D-Roseville, said. "It's a tiny drop of what we have to do to get prices under control." Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

129

Health

07-41B-11

California

Prescription Drug Supply Chain – Pay for Delay AB 824

Summary: Provides that an agreement resolving or settling a patent infringement claim, in connection with the sale of a pharmaceutical product, is presumed to have anticompetitive effects if a non-reference drug filer receives anything of value from another company asserting patent infringement and if the non-reference drug filer agrees to limit or forego research, development, manufacturing, marketing or sales of the non-reference drug filer’s product for any period of time. Defines “anything of value” but exempts a settlement of a patent infringement claim when the settlement is limited to specific rights, covenants or compensation. Requires a cause of action to enforce those provisions be commenced within four years after the action occurred. Status: Signed by the governor on October 7, 2019. Comments: From the Office of the Governor (October 7, 2019) Building on the state’s first-in-the-nation investments in the California budget and the Governor’s executive actions to lower prescription drug costs, Governor Gavin Newsom today signed into law three bills to lower the cost of prescription drugs and increase access to care for California families. These bills will block pharmaceutical companies from keeping cheaper generic medicine off the market, improve black maternal health, and expand access to PrEP and PEP HIV medication. AB 824, authored by Assemblymember Jim Wood (D-Santa Rosa) and sponsored by Attorney General Xavier Becerra, makes California the first state to tackle pay-for-delay agreements which hurt consumers and increase drug company profits by blocking the development of generic drug competition. According to a Federal Trade Commission study, these anticompetitive deals cost consumers and taxpayers $3.5 billion in higher drug costs every year. The bill prohibits these agreements between brand name and generic drug manufacturers by making them presumptively anticompetitive. “California will use our market power and our moral power to take on big drug companies and prevent them from keeping affordable generic drugs out of the hands of people who need them,” said Governor Newsom. “Competition in the pharmaceutical industry helps lower prices for Californians who rely on life-saving treatments.” SB 464 by Senator Holly Mitchell (D-Los Angeles) will reduce preventable maternal mortality among black women by requiring all perinatal health care providers to undergo implicit bias training to curb the impact of bias on maternal health, and improving data 130

collection at the California Department of Public Health to better understand pregnancyrelated deaths. The 2019-20 state budget includes more than $65 million of ongoing total funds to expand the California Home Visiting Program and the Black Infant Health Program, which will improve the health and wellness of mothers and children and allow more families to access these important culturally appropriate services. “California is sending a clear message that discrimination has no place in our health care system,” said Governor Newsom after signing SB 464. “We know that black women have been dying at alarming rates during and after giving birth. The disproportionate effect of the maternal mortality rate on this community is a public health crisis and a major health equity issue. We must do everything in our power to take implicit bias out of the medical system – it is literally a matter of life and death. I applaud the California Legislature for taking action to save the lives of mothers and children.” SB 159 by Senator Scott Wiener (D-San Francisco) authorizes pharmacists to furnish pre- and post-exposure prophylaxis (PrEP and PEP) without a physician’s prescription. The bill also prohibits insurance companies from requiring prior authorizations for patients to obtain PrEP coverage. The state budget includes one-time $40 million General Fund for infectious diseases prevention and control and ongoing $2 million General Fund specifically to address sexually transmitted diseases, as well as an additional ongoing $5 million General Fund for HIV prevention and control. “Recent breakthroughs in the prevention and treatment of HIV can save lives,” Governor Newsom said of signing SB 159. “All Californians deserve access to PrEP and PEP, two treatments that have transformed our fight against HIV and AIDS. I applaud the Legislature for taking action to expand access to these treatments and getting us closer to ending HIV and AIDS for good.” Today’s actions build on the Governor’s efforts to confront the cost crisis affecting working Californians. Just moments after being sworn in, the Governor launched a series of first-in-the-nation actions to make health care more affordable for all Californians and to move the state closer toward the goal of health care for all. Those proposals included Executive Order N-01-19 to create the nation’s largest singlepurchaser system for drugs and to, ultimately, allow all Californians and private employers to sit together at the bargaining table across from big drug companies when negotiating prescription drug prices. Earlier this year, the Governor announced that the counties of Los Angeles, Santa Clara, Alameda and San Francisco, among the largest public purchasers of prescription drugs in California, will partner with the state to use our combined market power to take on drug companies and lower the cost of prescription drugs. The 2019-20 state budget signed by the Governor makes historic investments in health coverage protections for Californians and includes a series of proposals that leads the nation in reducing health care costs and increasing access for families. The budget:

131

Invests $1.45 billion over three years to increase Covered California health insurance premium support for low-income Californians – and provides premium support for the first time to qualified middle-income individuals earning up to $72,000 and families of four earning up to $150,000, partially funded by restoration of an enforceable Individual Mandate Expands Medi-Cal coverage to all income-eligible undocumented young adults ages 19 through 25 Includes an increase of $1 billion, using Prop 56 funding, to support increased rates to Medi-Cal providers, expanded family planning services, and value-based payments that encourage more effective treatment of patients with chronic conditions Invests in and supports California’s seniors by expanding health and other vital state services to this fast-growing part of California’s population Ends the “senior penalty” in Medi-Cal by raising the income eligibility limit for older Californians Expands eligibility to 138 percent of the federal poverty level for the Medi-Cal Aged, Blind and Disabled program, estimated to help 22,000 Californians Invests boldly in responding to Alzheimer’s disease including $3 million for research grants with a focus on women and communities of color, and $5 million for Alzheimer’s disease local infrastructure. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

132

Health

07-41B-12

Alaska

Telemedicine/COVID-19 SB 241

Summary: Extends the COVID-19 public health emergency until November 15, 2020. The bill also provides that during the COVID-19 public health disaster emergency, certain provisions governing telehealth do not apply to a health care provider who is providing treatment, rendering a diagnosis, or prescribing, dispensing, or administering a prescription, excluding a controlled substance through telehealth, without first conducting an inperson physical examination, if (a) the provider is licensed, permitted, or certified to provide health care services in another jurisdiction and is in good standing in the jurisdiction that issued the license, permit, or certification; (b) the services provided without an in-person physical examination are within the provider’s authorized scope of practice in the jurisdiction that issued the provider’s license, permit, or certification; (c) in the event that the provider determines that the encounter will extend beyond the scope of practice/scope of services described in this section, the provider advises the patient that the provider is not authorized to provide the services to the patient, recommends that the patient contact a provider licensed in the state and terminates the encounter. Providers are not permitted to charge for any services under this circumstance. The amount charged by a health care provider for services provided under this section must be reasonable and consistent with the ordinary fees typically charged for that service and may not be more than five percent above the ordinary fees typically charged for that service. Status: Signed by the governor on May 18, 2020. Comments: From the Anchorage Daily News (March 29, 2020) Ending weeks of negotiations, the Alaska Legislature almost unanimously approved a coronavirus-response bill early Sunday that gives Gov. Mike Dunleavy sweeping powers to address the ongoing pandemic and gives ordinary Alaskans some relief from the economic effects of the anti-pandemic effort. “I want to thank the governor, the House and the Senate — all three — this has been a work in progress. We’re trying to figure out how to help Alaskans. This is a tough, tough deal for all of us, everybody,” said Sen. John Coghill, R-North Pole and one of the legislators behind the bill. The measure, scheduled to become law once Dunleavy signs it, extends the governor’s state of emergency through Nov. 15, unless he cancels it early. During the emergency, the governor can spend vast amounts of money — lawmakers approved $88 million in a 133

first tranche of state response Sunday morning — and impose public health rules across Alaska. For legislators, the biggest debates revolved around economic-aid measures. Conservative Republicans worried that halting foreclosures and evictions would penalize landlords and banks, while Democrats, independents and more moderate Republicans said the priority was aiding the most people possible. “We worked very hard to mitigate some of the challenges associated with pushing forward a very broad-ranging measure in short order,” said Rep. Ivy Spohnholz, DAnchorage. Originally, legislators envisioned separate bills, one for the public health emergency and another dealing with the economic effects, but that plan fell apart as lawmakers attempted to finish work before the first cases of coronavirus were confirmed in the Alaska State Capitol. That forced everything into one bill and days of frantic work leading up to the final votes Sunday morning. An 11 a.m. meeting scheduled to approve the compromise was repeatedly delayed as Coghill and Rep. Chuck Kopp, R-Anchorage, sent the bill back for revisions four separate times. The final version wasn’t released until 8 p.m. “They’ve been going almost 24 hours now," said Sen. Click Bishop, R-Fairbanks, remarking on the work of staff. The resulting compromise had broad support: Only Sen. Mike Shower, R-Wasilla, and Rep. David Eastman, R-Wasilla, voted against it. Economic aid details Under the terms of the new law, a landlord can’t evict a renter, a utility can’t shut off service, and a bank can’t foreclose upon a home if the person responsible for the bill is suffering financial hardship because of the pandemic. The person has to sign a sworn statement — signing it untruthfully would be perjury, a felony — and any bills must eventually be paid. The debt doesn’t go away. Landlords can still evict residents for other reasons, including bad behavior. That abeyance lasts through June 30. Car, truck, boat and airplane repossessions are similarly paused. The bill includes a tougher price-gouging statute. Stores can’t raise prices more than 10% when compared to what they charged during the “normal course of business” before the governor declared an emergency on March 11. Fuel is exempted from that rule.

No direct payments to Alaskans are included. Lawmakers removed a spring stimulus dividend of $1,000 from the state budget; the remaining dividend is $1,000 in the fall. 134

Government services affected To help Alaskans who may be stuck in quarantine, the Permanent Fund dividend application deadline has been extended to the end of April. In addition, anyone stuck in a quarantine outside the state can’t have that period count against them when it comes to calculating eligibility for the dividend. This year’s dividend will be $1,000, paid in October. This fall’s elections could be conducted by mail, if circumstances warrant. A provision allows the state’s lieutenant governor to make that decision. Already, the Alaska Division of Elections has said that it is having a harder time than usual hiring poll workers in advance. Some state tax deadlines have been extended to July 15, and municipal governments are allowed to pause some deadlines of their own. Corporations, including Native corporations and nonprofits, can hold shareholder meetings by teleconference. Public health measures included To increase the number of available medical workers, the bill allows doctors, nurses and other health care workers to temporarily bypass the normal licensing procedures. Anyone with a comparable license in another state or country can get a temporary Alaska license for the duration of the emergency. Fingerprinting procedures have also been streamlined. Similarly, companies that offer health care by videoconference can bypass normal licensing procedures for the duration of the emergency. The Alaska Department of Health and Social Services can order stores and other businesses to follow special rules regarding cleanliness. Critically, the public health measures also grant the governor the ability to spend antipandemic funding according to a spending plan within the bill. The governor will be required to file monthly progress reports with the Legislature. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

135

Comments/Note to staff:

136

Health

07-41B-13

Florida

Telemedicine HB 23

Summary: Establishes a statutory basis and definition for telehealth, along with standards of practice for telehealth providers. Requires contracts between insurers/HMOs and telehealth providers be voluntary with mutually acceptable payment rates or methodology for telehealth services. Any contract provision that distinguishes between payment rates or methodologies for telehealth services and the same services provided without telehealth must be initialed by the telehealth provider. Creates the allowance for out-of-state telehealth providers that go through the state registration system and meet certain eligibility requirements. Telehealth providers are prohibited, with limited exceptions, from using telehealth to prescribe a controlled substance. Status: Signed by the governor on June 25, 2019. Comments: From mHealth Intelligence (May 2, 2019) Florida lawmakers have approved a bill that would set guidelines for telehealth and telemedicine in the Sunshine State and allow payers and providers to negotiate reimbursement rates. HB 23 passed by a 30-9 vote in the Senate and a unanimous 113-0 vote in the House on Monday, and is now headed to Gov. Ron DeSantis for his signature. Pending the governor’s approval, it would go into effect on July 1. The bill steers the state away from payment parity, in which reimbursement for telehealth services is mandated at the same rate as in-person care. Instead, it allows payers and providers to negotiate their own rates for virtual care, and requires the provider to initiate any talk about different rates for virtual care and in-person care. “A contract between a health insurer issuing major medical comprehensive coverage through an individual or group policy and a telehealth provider, as defined in s. 456.47, must be voluntary between the insurer and the provider and must establish mutually acceptable payment rates or payment methodologies for services provided through telehealth,” the bill states. “Any contract provision that distinguishes between payment rates or payment methodologies for services provided through telehealth and the same services provided without the use of telehealth must be initialed by the telehealth provider.” The legislation is a victory for payer organizations who have long argued that they – rather than lawmakers - should be the ones to set reimbursement rates for telehealth 137

and telemedicine. With virtual care poised to reduce unnecessary costs and improve care delivery, payers have argued that such services should be less expensive than inperson care and reimbursed as such. Telehealth advocates, on the other hand, have argued that connected care should be reimbursed at the same rate is in-person care because the two are basically the same, the only difference being in the delivery. They’ve also argued that reimbursement rates should be equal to encourage providers to adopt telehealth, and that the market will set new rates once telehealth is established. Roughly 10 states now mandate payment parity for telehealth, while upwards of 36 mandate coverage parity. Other states, including Massachusetts and Pennsylvania, have tried unsuccessfully to mandate telehealth reimbursement at the same rate as inperson care. Florida has been working toward telehealth legislation for several years, and in 2017 a state task force issued a report aimed at improving telehealth adoption. But the debate over payment parity stymied efforts to pass legislation in 2018. Now the path seems a little more certain. “We are going to provide the quality, cost, access and delivery of health care in Florida in the most efficient way using the 21st Century technology,” State Senator Gayle Harrell, R-Stuart, told the Orlando Sentinel shortly before the Senate vote. “We really have been a little behind the curve here in Florida, in really expanding the use of something that is so, so important.” The bill also allows healthcare providers in other states to use telemedicine to treat Florida residents as long as they register with the state. This requirement would not apply to out-of-state providers using telehealth for emergency care or those coordinating care with an in-state provider who has authority over that patient’s care. And it creates a new definition for telehealth that includes asynchronous, or store-andforward, platforms but does not include audio-only phone calls, e-mails or faxes. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject 138

Comments/Note to staff:

139

Health

07-41B-14

Maryland

Public Health â&#x20AC;&#x201C; Maternal Mortality and Morbidity â&#x20AC;&#x201C; Implicit Bias Training and Study H 837

Summary: Altering the purposes of the Cultural and Linguistic Health Care Professional Competency Program; requiring the Program to establish and provide an evidencebased implicit bias training program for health care professionals involved in the perinatal care of patients on or before January 1, 2021; requiring certain health care professionals to complete a certain training on or before January 1, 2022; requiring the Program to offer a certain training to certain health care professionals; etc. Status: Signed by the governor on May 8, 2020. Comments: Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

140

Health

07-41B-15

California

California Dignity in Pregnancy and Childbirth Act S 464

Summary: Makes legislative findings relating to implicit bias and racial disparities in maternal mortality rates. Requires a hospital that provides perinatal care and alternative birth center or a primary clinic that provides service as an alternative birth center, to implement an implicit bias program for all health care providers involved in perinatal care of patients within those facilities. Status: Signed by the governor on October 7, 2019. Comments: Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

141

Health

07-41B-16

Wisconsin

Suicide Prevention Programs AB 528

Summary: Provides for grants to support peer-to-peer suicide prevention programs in high schools, granting rule making authority and making an appropriation. Status: Signed by the governor on February 4, 2020. Comments: From Channel 3000 (February 4, 2020) Governor Tony Evers took questions from students and signed two bills into law at Milton High School Tuesday morning. In front of a full auditorium, Evers detailed the two bills, Senate Bill 230 and Assembly Bill 528, for the students in attendance. Also in attendance was local representative Don Vruwink (D- Milton), State Senator Janis Ringhand (D-Evansville) and student representative Grace Quade. Senate Bill 230 will address licensing requirements for Wisconsin teachers, especially as it refers to student teaching requirements they must complete. By signing this bill, Evers says it will be easier for more teachers to enter the workforce. The governor also signed Assembly Bill 528, which will create grant funding for peer to peer suicide prevention programs. The bill would train students to recognize when their peers are going through a mental health crisis, and prepare them to act appropriately. “I know it’s tough to be a student. I was one at one time, a long time ago,” Evers said as he addressed the crowd of high school students. “I had a nephew that committed suicide. If he had access to a friend to start the process of healing, I’m sure he would be with us today also.” Evers took more than a dozen questions for students, who asked about mental health initiatives across the state. “It reinforces what I’ve always felt about our students in Wisconsin, they are thoughtful and prepared,” Evers said. Beginning in 2019, students created a group called Raise Your Voice, which addresses mental health concerns.

142

“I think it’s really important to have something like this in our school because it lets other students know that they are being supported,” said Junior Grace Quade, who oversees the group. “A lot of the time kids tend to think that they’re alone in this, but they’re definitely not.” Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

143

Justice

08-41B-01

North Carolina

Second Chance Act SB 562

Summary: Senate Bill 562 makes various revisions to the expunction laws. Status: Signed by the governor on June 25, 2020. Comments: From ABC 11 (June 25, 2020) With bipartisan support, Gov. Roy Cooper signed a bill into law that would allow many people with non-violent criminal pasts the opportunity to have parts of their record expunged. Senate Bill 562, better known as the Second Chance Act, allows many people with nonviolent criminal pasts to have their record expunged if they've gone 10 years with no new charges, served their sentences and paid their fines. "We can give people who make amends for past mistakes the opportunity to clear their records. This bill offers that opportunity and a path to good jobs and a brighter future," Cooper wrote. A person who files a petition to expunge their record must pay a $175 fee. The process cannot start until a person's sentence is complete and any restitution is paid. The bill passed both North Carolina House and Senate unanimously with 119-0 votes and 47-0 votes respectively. Democrats called it a matter of economic fairness; the bill removes the burden of hiring a lawyer to get the charges removed. Republicans called it a jobs bill. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject 144

Comments/Note to staff:

145

Justice

08-41B-02

Kentucky

An Act Relating to Crimes and Punishments SB 133

Summary: Commonly referred to as the â&#x20AC;&#x153;Dignity Bill.â&#x20AC;? Status: Signed by the governor on April 10, 2018. Comments: The bill requires: 1) The Department of Corrections to promulgate administrative regulations for the jails that require adequate nutrition for pregnant inmates, adequate feminine hygiene products, and an appropriate number of undergarments for female inmates.2) That pregnant inmates be restrained solely with handcuffs in front of the body unless further restraint is required to protect herself or others; and to ban the shackling of female inmates. 3) The Department of Corrections to create a classification process for jails that may house female state inmates. 4) A jail be certified before housing any female state inmates and provide a delayed effective date of January 1, 2019. 5) To allow orders of protection to be filed at a domestic violence shelter or a rape crisis shelter. 6) The reporting of allegations of sexual assaults by a jailer or any employee, contractor, vendor, or volunteer of a supervising entity to the Attorney General's Office for investigation. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

146

Justice

Indiana

08-41B-03* Civil Forfeiture SB 99 Summary: Amends civil forfeiture to criminal code. Requires a criminal conviction to seize assets. Enacts new reporting requirements for seizures and forfeitures. Status: Signed by the governor on March 13, 2018. Comments: From the New Hampshire Union Leader (November 29, 2018) On Wednesday, the U.S. Supreme Court heard arguments in a case that could restrict the controversial practice, known as civil forfeiture, even further. The 2016 New Hampshire law prohibited civil forfeiture in the majority of cases until the owner of the property was actually convicted of a crime. But lawyers in the Supreme Court case, Timbs v. Indiana, argued that even in cases where police have obtained a conviction, it may be unconstitutional to seize the person’s money and property. In certain cases, such seizures are equivalent to excessive additional fines on top of the criminal sentence and therefore violate the Eighth Amendment, said Sam Gedge, an attorney for the nonprofit Institute for Justice, which is representing Tyson Timbs in the case. The court must decide whether the Eighth Amendment’s prohibition against excessive fines applies to state governments as well as the federal government. It is one of the last areas of the Bill of Rights for which the court has not explicitly recognized an application to states. “It’s kind of a vital safety check on the most excessive forfeitures,” Gedge said. “Our position has never been that if you convict somebody criminally you can never forfeit their property ... our position is that it’s possible to excessively fine people by taking too much of their property.” Civil forfeiture has been a rare area of bipartisan agreement in recent years, with both liberal and conservative groups arguing that the seizures violate due process rights and encourage police to take property—such as cars, homes, or cash—and ask questions later. But police say it is a vital tool to dissuade drug dealers. “Oftentimes, this personal property is paid for with the proceeds of unlawful, illegal drug transactions and no one should profit from the unlawful sale of drugs,” said Londonderry 147

police Lt. Patrick Cheetham, the past president of the New Hampshire Police Association, who has testified before the state Legislature on the importance of civil forfeiture. “Here in New Hampshire, we’re facing a continued opioid and fentanyl crisis,” he added. “And as a deterrent to those who would sell these deadly drugs—whether it be through their home, their vehicle, or other means—this is one other tool that law enforcement uses to dissuade killers who are selling deadly drugs.” The Supreme Court case centers around the seizure of Timbs’ $42,000 Land Rover. In 2015, Timbs, of Indiana, pleaded guilty to selling drugs to undercover police officers. He was sentenced to a year of house arrest, five years probation and roughly $1,200 in fines as part of the criminal case. But Indiana police also seized his car through a civil forfeiture. The maximum possible fine for Timbs’ crime, under Indiana law, would have been $10,000. Seizing the Land Rover effectively imposed a fine four-times the maximum allowed by law, his lawyers argued. Gedge was optimistic after Wednesday’s arguments in Washington, D.C., and reports from national media outlets that were in the courtroom strongly suggested that the justices were ready to apply the Eighth Amendment’s protections to state governments New Hampshire civil liberties advocates would welcome the changes that would mean for civil forfeiture. “Anything that further restricts the abuse of civil asset forfeiture is a good thing,” said state Rep. Michael Sylvia, R-Belmont. “I’d prefer to see the federal government scale back the program.” Sylvia has sponsored several bills in recent years that would restrict local law enforcement’s ability to work around the state forfeiture law by partnering with a federal agency to pursue the forfeiture in federal court. The federal forfeiture program, known as equitable sharing, allows local law enforcement to retain 80% of the profits from seized property and it does not require that the owner be convicted of a crime first. “That just seems, to us, like a significant due process problem,” said Gilles Bissonnette, legal director for the ACLU of New Hampshire. “If the government believes that the property has some nexus to the criminal activity, the government should have to prove it. That doesn’t happen in the federal system.”

148

State law requires a conviction and police may only keep 45% of the proceeds from civil forfeiture. New Hampshire police are limited in what they can spend that money on. It primarily goes to drug investigations and, in some cases, outreach and prevention programs. “Not every crime gets solved, that doesn’t mean the crime didn’t occur,” said Tuftonboro police Chief Andrew Shagoury, president of the New Hampshire Association of Chiefs of Police. “I understand that people have concerns ... but what programs are funded by that money are going to go back on taxpayers if not funded by the criminals.” Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

149

Justice

New York

08-41B-04* Extreme Risk Protection Orders S 2451 Summary: Establishes extreme risk protection orders as a court issued order of protection prohibiting a person from purchasing, possessing or attempting to purchase or possess a firearm, rifle or shotgun. Status: Signed by the governor on February 25, 2019. Comments: From Moms Demand Action (February 25, 2019) Today the New York chapter of Moms Demand Action for Gun Sense in America, part of Everytown for Gun Safety, released the following statement praising Governor Cuomo for signing a Red Flag bill into law. “We are thrilled that New York now has a red flag law and confident that this commonsense policy will save lives,” said Erin DaCosta, volunteer leader with the New York chapter of Moms Demand Action for Gun Sense in America. “We are grateful to Governor Cuomo and our legislators for their commitment to making New Yorkers safer and all of their hard work to bring this long-awaited law to fruition.” This Red Flag law empowers families, law enforcement officers and school administrators to petition for a court-issued Extreme Risk Protection Order, which temporarily restricts a person’s access to firearms when they pose a significant risk of harming themselves or others. These orders help prevent mass shootings and firearm suicides by empowering those who recognize signs of danger to intervene, before warning signs escalate into gun violence tragedies. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

150

Justice

Colorado

08-41B-05* Extreme Risk Protection Orders H 1177 Summary: Establishes the Deputy Zackari Parrish III Violence Prevention Act; creates policy and procedure for extreme risk protection orders; makes an appropriation. Status: Signed by the governor on April 12, 2019. Comments: From Moms Demand Action (April 12, 2019) The Colorado chapter of Moms Demand Action for Gun Sense in America, part of Everytown for Gun Safety, today applauded Governor Jared Polis for signing HB191177, legislation that will empower family members and law enforcement officers to ask a judge to temporarily suspend a person’s access to guns if there is documented evidence that the person poses a serious risk to themselves or others. “So many shootings are slow-motion tragedies—a long trail of warning signs leading up to one terrible moment,” said John Feinblatt, President of Everytown for Gun Safety. “We applaud Governor Polis for standing firm in the face of gun lobby fear-mongering and signing legislation that will allow family members and law enforcement to step in before it’s too late.” “This victory is the direct result of Coloradans standing up for our safety and showing that together, we are stronger than the gun lobby’s scare tactics,” said Shannon Watts, founder of Moms Demand Action for Gun Sense in America. “Moms Demand Action volunteers helped flip the Colorado senate to be a gun-sense majority in November, and they turned out to make sure lawmakers did the right thing and voted for this commonsense proposal that protects our families. We know these laws are effective in keeping guns out of the hands of people in crisis, which is why they’re gaining traction across the U.S.” “Today’s signing was a long time coming,” said Karin Asensio, volunteer leader with the Colorado chapter of Moms Demand Action for Gun Sense in America. “Coloradoans are all too familiar with the devastation of gun violence, from shootings that make national headlines to the overwhelming number that never do. For years we’ve gone to our statehouse, urging our lawmakers to enact policies that will save lives, and they have responded with action. We thank our lawmakers for standing up for gun safety, and we’re grateful to Governor Polis for signing this bill into law.” HB19-1177 was passed with overwhelming support from Coloradoans. According to polling released by Everytown for Gun Safety Action Fund, the vast majority of

151

respondentsâ&#x20AC;&#x201D;including 78% of gun ownersâ&#x20AC;&#x201D;support the concept of Extreme Risk Protection Order laws. Extreme Risk Protection Order legislation, also known as Red Flag laws, gained traction in the wake of the Parkland shooting, where 14 students and three staff members were shot and killed. Colorado is the fifteenth state, not including the District of Columbia, to enact Extreme Risk Protection Order legislation. Red Flag laws have been shown to be especially effective in reducing the risk of firearm suicide by temporarily removing guns from dangerous situations. The bill was sponsored by newly elected Representative Tom Sullivan (D-Aurora), whose son Alex was shot and killed in the Aurora theater shooting in 2012. Representative Sullivan was an active volunteer with Moms Demand Action for Gun Sense in America and is a member of the Everytown Survivor Network. During the 2018 election, Representative Sullivan was endorsed by the Everytown for Gun Safety Action Fund and Moms Demand Action volunteers turned out in force to support him. Staff Note: Disposition of Entry:

SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

152

Justice

08-41B-06

Indiana

Seizure of Firearms from Dangerous Individuals H 1651

Summary: Relates to the judicial evaluation of dangerous individuals and firearms; provides that a dangerous person is not a proper person for the purpose of applying for or receiving a license to carry a handgun; requires a law enforcement officer who seizes a firearm from a person believed to be dangerous without a warrant to provide an affidavit to a court with jurisdiction over the person at issue. Status: Signed by the governor on May 6, 2019. Comments: Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

153

Justice

08-41B-07

Indiana

Nonconsensual Pornography S 243

Summary: Relates to nonconsensual pornography; defines intimate image and provides that a person who knows that an individual does not consent to the posting of an intimate image of the individual on the Internet and posts the image on the Internet commits internet distribution of an intimate image, a Class A misdemeanor; increases the penalty to a Level six felony for a second or subsequent offense. Status: Signed by the governor on May 2, 2019. Comments: Staff Note: Criminal penalties; listed as a package deal with S 192 below. Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

154

Justice

08-41B-08

Indiana

Nonconsensual Pornography S 192

Summary: Relates to nonconsensual pornography; defines intimate image; creates a civil cause of action against a person who displays or distributes an intimate image without the consent of the individual depicted in the intimate image; provides that a prevailing plaintiff is entitled to court costs, reasonable attorney's fees, and actual damages, or liquidated damages not to exceed a specified amount; establishes criteria to be used by the trier of fact in determining damages. Status: Signed by the governor on April 18, 2019. Comments: Staff Note: Civil penalties; listed as a package deal with S 243 above. Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

155

Justice

08-41B-09

Montana

Remove Suspension of Driver's License as Punishment for Certain Crimes HB 217

Summary: Allows a person to petition the court to order the person's driver's license to be reinstated for a previous failure to pay fines, fees or restitution; providing the person may not be charged a reinstatement fee. Status: Signed by the governor on May 7, 2019. Comments: Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

156

Justice

08-41B-10

Colorado

Identity Documents for Transgender Persons HB 1039

Summary: Requires that the state registrar issue a new birth certificate rather than an amended birth certificate. The act allows a person who has previously obtained an amended birth certificate under previous versions of the law to apply to receive a new birth certificate. A person is not required to obtain a court order for a legal name change in order to obtain a new birth certificate with a change in gender designation. Status: Signed by the governor on May 31, 2019. Comments: From The Gazette (May 31, 2019) Gov. Jared Polis, the nation's first openly gay governor, gave a rousing pre-launch to his first LGBT Pride Month as the state's chief executive by signing into law Friday two measures that supporters say will make life better for many Coloradans. House Bill 1039 will allow transgender people to obtain new birth certificates instead of amended ones, and without necessarily having to go through gender reassignment surgery. The second bill, House Bill 1129, bans licensed medical professionals from providing conversion therapy to minors. HB 1039 will be known as Jude's Law, after the now-13-year-old transgender girl who has testified in favor of the measure for the previous four years, since she was nine. Joined by her sister and parents, Jude (Colorado Politics is not using her last name at her parents' request) said that she's glad the bill is finally passed and signed. "I knew that I could be helping so many people just by showing up and telling my own story," she said. Testifying at the Capitol takes "a lot of confidence," especially for a young person, she said, but Jude pointed out that she's had the strong support of her family and many others all along the way. "Today's an exciting day for an inclusive Colorado," Polis said before signing the bills on the state Capitol's west steps. Accompanied by First Gentleman Marlon Reis, Polis pointed out that it's been 27 years since Coloradans voted in favor of Amendment 2, the amendment later tossed in 1996 by the US Supreme Court that allowed discrimination based on sexual orientation.

157

Colorado has since undergone a "remarkable transformation" into a state that values the contributions of every Coloradan, he added. "We are stronger together, we accept and celebrate our diversity," he said. Under HB 1039, the state registrar in the Colorado Department of Public Health and Environment can issue a new birth certificate without the previously required court order or gender reassignment surgery, and those who have already received an amended certificate can seek a new one. Surgery isn't always an option, supporters say, sometimes for medical reasons, because of cost or because the transgender individual is a minor. For minors, such as Jude, a medical professional also must sign an affidavit that the minor is undergoing a gender transition and that the medical provider believes the gender designation should be changed. The new law will also would end the practice of publishing in a newspaper the name change when it's due to a change in gender identity, which supporters say is a safety risk to those individuals. Until the new law goes into effect on Jan. 1, 2020, changing the birth certificate will still require a court order. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

158

Justice

08-41B-11

Pennsylvania

Human Trafficking Offenses SB 60

Summary: Amends statutes relating to crimes and offenses; relates to human trafficking; provides for the offense of trafficking in individuals and for the offense of patronizing a victim of sexual servitude; provides for asset forfeiture; relates to depositions and witnesses; provides for recorded testimony. Status: Signed by the governor on February 5, 2020. Comments: From Fox 43 (February 6, 2020) A new measure signed into law by Governor Tom Wolf would place significant penalties on criminals who solicit or advertise the sexual services of victims of human trafficking, according to the bill’s prime sponsor, Senator Kristin Phillips-Hill (R-York). The new law, called the “Buyer Beware Act,” builds on recent efforts over the last few years by the General Assembly to curb human trafficking in the Commonwealth. Lawmakers say this law flips the conversation from punishing victims labeled as prostitutes to those who sell or solicit their services. “Today we are saying we stand with victims of human trafficking and law enforcement by providing new tools and penalties on those who seek to obtain services of victims of human trafficking as well as those who advertise those victims for sexual servitude,” Phillips-Hill said. “Human trafficking is a big business that exists in every corner of our Commonwealth and today is the big step Pennsylvania needed to take in order to shut down this devastating crime destroying so many innocent lives.” Act 1 of 2020 will subject individuals to a first-degree felony charge if the criminal recruits, harbors, entices, transports, or advertises human trafficking victims subject to sexual servitude. The bill also significantly increases monetary penalties on criminals who patronize a victim of human trafficking as well. First-time offenders would be subject to a fine up to $1,000, up from $500; second-time offenders would be subject to a fine between $5,000 and $25,000; and third and subsequent offenses would be subject to a fine between $10,000 and $25,000. The measure is called the “Buyer Beware Act” due to a key provision within the law that includes a third-degree felony charge for first-time offenders who engage in sexual activity with a victim of human trafficking. Repeat offenders will be subject to first-degree

159

felony charges. If the victim is a minor, criminals would be subject to a super felony subject to fines between $10,000 and $50,000. State lawmakers passed the House version late last month. Lawmakers believe that penalizing both those who subject these victims to sexual servitude as well as those who purchase the services of these victims will provide more tools to law enforcement in the Commonwealth. â&#x20AC;&#x153;Living along the Interstate 83 corridor, we have immense challenges when it comes to the human trafficking pipeline that funnels through our region each and every day. Act 1 will make an impact in the ongoing fight to eradicate human trafficking from the state,â&#x20AC;? Phillips-Hill added. Revenue generated by the increased fines will go to assist in further efforts against human trafficking across the state through funding programs including Prevention of Human Trafficking restricted account and the Safe Harbor for Sexually Exploited Children Fund. The new law goes into effect in 60 days. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

160

Justice

08-41B-12

Washington

Worker Sexual Harassment SB 5258

Summary: Prevents the sexual harassment and sexual assault of certain isolated workers; provides for requirements from workplaces for protection of isolated workers. Status: Signed by the governor on May 13, 2019. Comments: From Washington Hospitality Association (May 13, 2019) On Monday, May 13, Gov. Jay Inslee signed Engrossed Substitute Senate Bill 5258, preventing the sexual harassment and sexual assault of certain isolated workers, into law. The Washington Hospitality Association supported this bill throughout the legislative process and is supportive of the new law. “I think this legislation will help hundreds of employees in the hospitality industry avoid sexual harassment,” said the bill’s prime sponsor, Senator Karen Keiser, D-Des Moines. “Having the Washington Hospitality Association as an active partner helped to make it a better bill.” Engrossed Substitute Senate Bill 5258 requires that every hotel, motel, retail, security guard entity or property services contract employer must adopt a sexual harassment policy and provide mandatory training to the employer’s managers, supervisors and employees to prevent sexual assault, harassment and discrimination in the workplace. Additional protections in the bill include workforce education about anti-retaliation measures for employees who report violations, a list of resources for employees, and a panic button for each employee who spends a majority of their time working alone. In the hospitality industry, this includes hotel or motel housekeepers, or room service attendants. “Employee health, safety and security is a top priority,” said Anthony Anton, president and CEO of the Washington Hospitality Association. “We prioritized this statewide legislation this year as part of our commitment to our employees.” The increased awareness and promotion of employee safety aligns with the 5-Star Promise, a pledge led by the American Hotel & Lodging Association and 17 of the largest, national hotel brands. The 5-Star Promise is a pledge to hotel employees across the U.S. to expand implementation of employee safety devices by 2020 and a commitment to enhanced policies, training and resources that increase hotel safety.

161

Hotels and motels with 60 or more rooms must meet the requirements of the bill by Jan. 1, 2020. All other businesses must meet the requirements laid out in the bill by Jan. 1, 2021. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

162

Justice

08-41B-13

Connecticut

An Act Concerning Police Accountability HB 6004

Summary: Creates a new inspector general to investigate police use-of-force cases, limits circumstances in which deadly use of force can be justified, and allows more civilian oversight of police departments and allows civil lawsuits against officers by individuals who’ve had their constitutional rights violated by police if those actions were deemed “malicious, wanton or willful.” Status: Signed by the governor on July 28, 2020. Comments: From The Associated Press (July 31, 2020) Gov. Ned Lamont on Friday signed into law a wide-ranging police accountability bill that proponents said answers the calls for reform, after the police-involved death of George Floyd and other Black people, and works toward rebuilding trust in Connecticut’s police departments. The legislation, which cleared the Senate early Wednesday morning, creates a new inspector general to investigate police use-of-force cases, limits circumstances in which deadly use of force can be justified, and allows more civilian oversight of police departments and allows civil lawsuits against officers by individuals who’ve had their constitutional rights violated by police if those actions were deemed “malicious, wanton or willful,” among other things. “In the streets of Connecticut we saw a lot of people, thousands of people go into our streets for weeks, and suggest to us that we needed to do something about the system that is in place,” said Sen. Gary Winfield, D-New Haven, the co-chairman of the General Assembly’s Judiciary Committee. “And the government here responded.” Parts of the legislation, especially the section limiting government immunity protections for police in certain serious situations where a person’s constitutional rights have been violated by “malicious, wanton or willful” conduct of an officer, have been met with strong opposition from police officers and their representatives across the state. Some have warned the bill will further hinder already challenging police recruitment efforts and encourage veteran officers to retire. Waterbury Mayor Neil O’Leary, a former police chief and a Democrat, said he’s heard that some of his city’s officers might want to now retire. But he said there’s a lot of misinformation among the police and the public about what the bill does and it’s incumbent upon officials to explain the bill’s true intentions.

163

Rep. Anthony Nolan, D-New London, a police officer who worked on the legislation, said he’s heard from colleagues who say they’ll resign, as well as from newcomers who see the legislation as a new opportunity to work under a reformed system. Hundreds of police officers rallied at the Capitol last week, hoping to persuade state legislators to oppose the legislation, arguing they felt betrayed by lawmakers and unfairly blamed for the actions of police in Minneapolis, where Floyd was killed, and elsewhere. But Lamont stressed the bill “is not a knock on anybody,” noting there are many good officers on the beat in Connecticut. “But we can do better,” the Democrat said. “And every day, we as political folks, as police, we have to continue to earn the respect of our community.” On Thursday, top members of Lamont’s administration met with police union representatives and municipal officials to discuss their concerns with the legislation. While legislative leaders acknowledged some changes might be made in the coming months, considering parts of it won’t take effect until next year, it’s unclear what those might be. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

164

Justice

08-41B-14

New York

Relates to Recording Certain Law Enforcement Activities S 3253

Summary: Relates to recording certain law enforcement activities; provides that a person not under arrest or in the custody of a law enforcement official has the right to record police activity and to maintain custody and control of that recording and of any property or instruments used by that person to record police activities. However, a person in custody or under arrest does not, by that status alone, forfeit such right to record. Status: Signed by the governor on June 14, 2020. Comments: From the Office of the Governor (June 14, 2020) Governor Andrew M. Cuomo today signed legislation (S.3253-A/A.1360) - the 'New Yorker's Right to Monitor Act' - affirming the right of an individual to record law enforcement activity and to maintain custody of that recording and any instruments used to make the recording. "Transparency is critical to renewing the community's trust and confidence in our policing systems," Governor Cuomo said. "Stopping police abuse vindicates the overwhelming majority - 99.9 percent - of police who are there to do the right thing, and by making clear that all New Yorkers have the right to record and keep recordings of police activity we can help restore trust in the police-community relationship." Senator Kevin Parker said, "Sunlight is the best disinfectant! The right to record act will ensure protection for people who record misconduct by police. The senseless murder of George Floyd is a stark example of why transparency is needed. I appreciate Governor Cuomo recognizing the critical nature of this bill and signing it into law. " Assembly Member Nick Perry said, "There should be no cover, and no comfort for wrongful behavior in any police department, and as free Americans and New York citizens, we have always been informed and aware that we have the right and freedom to monitor and record acts of misconduct by bad apples in our police departments. We are grateful for the Governor's bold and positive leadership against relentless resistance from those behind the blue wall of silence. This new law makes it clear and unquestionable that as New Yorkers we are claiming and will exercise this right to protect us from the dishonorable actors who hide behind the badge, while abusing the awesome powers we afford them as police officers."

165

166

Justice

08-41B-15

Louisiana

COVID-19 Limitation of Liability HB 826

Summary: Provides relative to the limitations of liability due to the COVID-19 public health emergency. Status: Signed by the governor on June 13, 2020. Comments: From Insurance Journal (June 22, 2020) Louisiana businesses are receiving state protection from most lawsuits involving COVID-19 deaths or injuries, after Gov. John Bel Edwards signed into law a package of measures that provides the sweeping liability limitations. Three Republican-sponsored bills offering the lawsuit shields won support from lawmakers in the regular session that ended June 1. The Democratic governor announced he’d signed the measures among a long list of bill signings released on June 15 and 16. Edwards didn’t comment on the bills, which took effect immediately and are retroactive to March 11. Supporters said the measures will protect businesses who kept providing — or started offering — needed services to the public despite the risks of the coronavirus pandemic from frivolous lawsuits. “This legislation provides much needed peace of mind,” the Louisiana chapter of the National Federation of Independent Business posted on Twitter about one of the measures, sponsored by Republican Rep. Thomas Pressly of Shreveport. Under Pressly’s bill, people will be unable to sue businesses, government agencies, trade show organizers and event planners for civil damages for injuries or death from COVID-19 unless they can prove the high legal standard of “gross negligence or willful misconduct.” A second measure by GOP Sen. Sharon Hewitt, of Slidell, offers the same lawsuit protection to people and businesses who donate recovery services or products — such as hand sanitizer and protective clothing — and those selling that type of disaster aid “outside of the typical course and scope of their operations.” Hewitt’s protections don’t just last through the coronavirus pandemic. They’ll continue during any declared state of emergency in Louisiana.

167

A third bill by Republican Sen. Patrick McMath, of Covington, gives the same limitation of liability to restaurant owners and employees for the coronavirus outbreak, as long as they are deemed “in substantial compliance” with state, federal and local regulations about the virus. It doesn’t apply to future state emergencies or disasters. The new laws received little opposition as they moved through the majority-Republican House and Senate. A handful of opponents in the Senate said they worried the blanket immunity being granted could have unintended consequences of keeping people from being able to file legitimate lawsuits. The bills are: House Bill 826 and Senate Bills 491 and 508. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

168

Justice

08-41B-16

Louisiana

Limits Liability of Persons who Provide Relief or Recovery Equipment or Services During a Declared State Emergency SB 491

Summary: To amend and reenact R.S. 29:735.3.1(A) and to enact R.S. 29:735.3.2, to provide for 3 limitation of liability for rendering disaster relief, recovery services, or products 4 during a declared state of emergency; to provide certain terms, conditions, and 5 requirements; and to provide for related matters. Status: Signed by the governor on June 12, 2020. Comments: From Insurance Journal (June 22, 2020) Louisiana businesses are receiving state protection from most lawsuits involving COVID-19 deaths or injuries, after Gov. John Bel Edwards signed into law a package of measures that provides the sweeping liability limitations. Three Republican-sponsored bills offering the lawsuit shields won support from lawmakers in the regular session that ended June 1. The Democratic governor announced he’d signed the measures among a long list of bill signings released on June 15 and 16. Edwards didn’t comment on the bills, which took effect immediately and are retroactive to March 11. Supporters said the measures will protect businesses who kept providing — or started offering — needed services to the public despite the risks of the coronavirus pandemic from frivolous lawsuits. “This legislation provides much needed peace of mind,” the Louisiana chapter of the National Federation of Independent Business posted on Twitter about one of the measures, sponsored by Republican Rep. Thomas Pressly of Shreveport. Under Pressly’s bill, people will be unable to sue businesses, government agencies, trade show organizers and event planners for civil damages for injuries or death from COVID-19 unless they can prove the high legal standard of “gross negligence or willful misconduct.” A second measure by GOP Sen. Sharon Hewitt, of Slidell, offers the same lawsuit protection to people and businesses who donate recovery services or products — such as hand sanitizer and protective clothing — and those selling that type of disaster aid “outside of the typical course and scope of their operations.”

169

Hewitt’s protections don’t just last through the coronavirus pandemic. They’ll continue during any declared state of emergency in Louisiana. A third bill by Republican Sen. Patrick McMath, of Covington, gives the same limitation of liability to restaurant owners and employees for the coronavirus outbreak, as long as they are deemed “in substantial compliance” with state, federal and local regulations about the virus. It doesn’t apply to future state emergencies or disasters. The new laws received little opposition as they moved through the majority-Republican House and Senate. A handful of opponents in the Senate said they worried the blanket immunity being granted could have unintended consequences of keeping people from being able to file legitimate lawsuits. The bills are: House Bill 826 and Senate Bills 491 and 508. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

170

Justice

08-41B-17

Louisiana

Limits Liability of Restaurants During the COVID-19 Epidemic SB 508

Summary: To enact R.S. 29:773, to limit the liability of restaurants during a declared state of emergency; to provide certain terms, conditions, and definitions; to provide relative to claims pursuant to the Louisiana Workers' Compensation Law; and to provide for related matters. Status: Signed by the governor on June 12, 2020. Comments: From Insurance Journal (June 22, 2020) Louisiana businesses are receiving state protection from most lawsuits involving COVID-19 deaths or injuries, after Gov. John Bel Edwards signed into law a package of measures that provides the sweeping liability limitations. Three Republican-sponsored bills offering the lawsuit shields won support from lawmakers in the regular session that ended June 1. The Democratic governor announced he’d signed the measures among a long list of bill signings released on June 15 and 16. Edwards didn’t comment on the bills, which took effect immediately and are retroactive to March 11. Supporters said the measures will protect businesses who kept providing — or started offering — needed services to the public despite the risks of the coronavirus pandemic from frivolous lawsuits. “This legislation provides much needed peace of mind,” the Louisiana chapter of the National Federation of Independent Business posted on Twitter about one of the measures, sponsored by Republican Rep. Thomas Pressly of Shreveport. Under Pressly’s bill, people will be unable to sue businesses, government agencies, trade show organizers and event planners for civil damages for injuries or death from COVID-19 unless they can prove the high legal standard of “gross negligence or willful misconduct.” A second measure by GOP Sen. Sharon Hewitt, of Slidell, offers the same lawsuit protection to people and businesses who donate recovery services or products — such as hand sanitizer and protective clothing — and those selling that type of disaster aid “outside of the typical course and scope of their operations.”

171

172

SEED

09-41B-01

Virginia

Establishment of Telecommuting Policy S 877

Summary: Transfers operational responsibilities of the Office of the Secretary of Technology to the Secretary of Administration and responsibilities of the Office of the Secretary of Technology related to commercialization and entrepreneurial support to the Secretary of Commerce and Trade. The bill contains technical amendments. Status: Signed by the governor on April 6, 2020. Comments: This legislation is extremely relevant and timely given the pandemic. This legislation is unique in its focus on private as well as public employers (most state policies focus on state government), including developing incentives for private sector employers to adopt or expand and improve telework programs. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

173

SEED

09-41B-02

Idaho

Extended Employment Services Program S 1330

Summary: Relating to extended employment services; to define terms, to establish an extended employment services program, to provide eligibility requirements and to provide for covered services and individual program plan. Status: Signed by the governor on March 27, 2020. Comments: Individuals with the most significant disabilities need long-term services and supports (e.g., job coaches) to enable them to work in competitive integrated employment (at or above minimum wage in same setting as nondisabled persons). Vocational rehabilitation (VR) programs only provide short-term services until the individual has attained an employment outcome. This is a unique and innovative policy that provides a state funding source separate and apart from any federal programs. It enables individuals with the most significant disabilities to receive the long-term services and supports they need to retain their jobs after VR funding has expired in competitive integrated employment. On April 29, 2019 the Governor of Virginia approved similar legislation [SB 1485]. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

174

SEED

09-41B-03

Tennessee

Enhancing Competitive Integrated Employment Opportunities for Individuals with Severe Disabilities SB 1642

Summary: Creates a committee for providing competitive integrated employment for individuals with severe disabilities. The committee shall provide oversight to a central nonprofit agency in developing and implementing a state and political subdivision procurement program of commodities and services and in employing individuals with severe disabilities. Status: Signed by the governor on July 15, 2020. Comments: Many states have established "state-use" programs under which centralized, nonprofit agencies facilitate contracts between state agencies and community rehabilitation programs to procure goods and services from sheltered workshops i.e., programs that serve persons with significant disabilities in centered-based (segregated) settings. Some sheltered workshops pay at or above minimum wage to some workers and pay a subminimum wage to others in accordance with Section 14(c) of the Fair Labor Standards Act. The legislation is unique and of national significance because it establishes a new, innovative approach under which the state creates a central committee that oversees the functioning of a central nonprofit agency that facilitates contracts between state agencies and entities that offer competitive integrated employment opportunities to individuals with the most significant disabilities (pay at or above the minimum wage in the same setting with nondisabled workers) rather than sheltered workshops. Louisiana enacted HB 333 on June 11, 2019 instituting supported employment (competitive integrated employment with supports) providers as the successor for sheltered workshop providers under its state use program. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle 175

( ) Reject Comments/Note to staff:

176

SEED

09-41B-04

New Jersey

Apprentice Assistance and Support Services Pilot Program SB 3067

Summary: People with disabilities and other underrepresented populations often experience multiple barriers to participation in apprenticeship programs, including lack of affordable and high-quality childcare and access to affordable and reliable transportation. These barriers have only increased as a result of the COVID-19 pandemic. This pilot program is clear, innovative and practical. It is a timely response to increasingly urgent employment disparities by providing subsidies to participants for both transportation and childcare. Status: Signed by the governor on January 21, 2020. Comments: People with disabilities and other underrepresented populations often experience multiple barriers to participation in apprenticeship programs, including lack of affordable and high-quality childcare and access to affordable and reliable transportation. These barriers have only increased as a result of the COVID-19 pandemic. This pilot program is clear, innovative and practical. It is a timely response to increasingly urgent employment disparities by providing subsidies to participants for both transportation and childcare. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

177

SEED

09-41B-05

Tennessee

Tennessee Transportation Accessibility and Mobility Act of 2020 SB 1612

Summary: Creates a new office within the Tennessee Department of Transportation (TDOT) that will focus solely on accessible transportation. The office will provide resources and expertise for expanding and improving accessible transportation and mobility across the state. All appropriate state and local agencies shall coordinate with the Department of Transportation toward the goal of expanding and improving accessible transportation and mobility across the state. The legislation provides for the development of a five-year strategic plan and periodic reports to the legislature. Status: Signed by the governor on March 20, 2020. Comments: Lack of accessible transportation options is often identified as a significant barrier to employment for people with disabilities. This specific legislation addresses this single, specific topic by establishing an office whose sole responsibility is accessible transportation. The purpose of the office is to maximize the likelihood that accessible transportation is taken into consideration at the initial design stages of new transportation initiatives by developing a comprehensive strategic plan and providing resources, expertise, and coordination among agencies and departments. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

178

Technology

10-41B-01

Indiana

Broadband Development S 460

Summary: Relates to broadband development; provides that a communications service provider that holds a certificate of territorial authority shall be designated as a public utility solely as that term is used in federal law that allows a state to exempt a public utility from the federal law's requirement that the state must charge fair market value for the use of real property acquired by the state using federal transportation funding. Status: Signed by the governor on May 2, 2019. Comments: Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

179

Technology

10-41B-02

Washington

Personal Delivery Devices HB 1325

Summary: Regulates personal delivery devices; requires a personal delivery device to give an audible signal before overtaking and passing a pedestrian or a bicyclist. Status: Signed by the governor on April 30, 2019. Comments: From Geek Wire (April 30, 2019) Autonomous delivery robots will soon be allowed on Washington state’s sidewalks. On Tuesday, Washington Gov. Jay Inslee signed a bill into law that establishes new regulations for “personal delivery devices” like the delivery robot Amazon unveiled earlier this year. Starship Technologies — an Estonia-based company started by Skype’s co-founders — builds delivery robots like the ones Washington just greenlit. Starship worked closely with Washington state lawmakers on the legislation so perhaps it’s fitting that one of the company’s robots delivered the bill to Inslee. “Thank you starship … but I can assure you, their technology will never replace the Washington state legislature,” Inslee said before signing the bill. Under the new regulations, the devices: Can’t travel faster than six miles per hour Can’t exceed 120 pounds before they’re loaded up with items to deliver Can only cross the street at crosswalks Can be tracked with a unique ID number Must be monitored and controlled by an operator Must belong to a business with an insurance policy that covers liability of at least $100,000 Must yield to pedestrians and bikes Must have effective brakes and lights In January, Amazon began testing its own delivery robot in Snohomish County, Wash., near the company’s Seattle headquarters. The so-called “Scout” device looks a bit like a cooler on wheels and travels down sidewalks at a walking pace. Amazon partnered with the county on the pilot. Today’s news allows devices like Scout to operate statewide.

180

Amazon did not immediately respond to GeekWire’s request to comment on the new law. Starship and Amazon representatives attended the bill signing Tuesday. Starship has been pushing for this legislation in Washington since 2016. Washington is now the eighth state to permit personal delivery robots on sidewalks. Companies like Starship have been lobbying for this type of legislation across the country. In addition to Washington, Virginia, Idaho, Wisconsin, Florida, Ohio, Utah, and Arizona allow the devices on sidewalks. “In Washington, we embrace technological innovation,” Inslee said Tuesday. “As we work to become a leading innovator in the use of autonomous vehicles these robots are a welcome new addition.” Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

181

Technology

10-41B-03

Kentucky

Blockchain Working Group Formation SB 55

Summary: Create a new section of KRS Chapter 42 to create a six-member Blockchain Technology Working Group; attach the working group to the Commonwealth Office of Technology; require the working group to examine the applicability of blockchain technology for various utility sectors and report to the Governor and the LRC by December 1 of each year. Status: Signed by the governor on April 24, 2020. Comments: From Yahoo! Finance (April 26, 2020) Public records show that the U.S. state of Kentucky has finalized a legislative effort to create a working group focused on blockchain tech. According to the Kentucky General Assembly website, state governor Andy Beshear approved the measure on April 24, ten days after submission to his office. The bill was introduced in the Senate in early January and passed that chamber unanimous in late February. The state's House of Representatives passed it with a vote of 87-2 on April 14. As the passed bill states: "The working group shall evaluate the feasibility and efficacy of using blockchain technology to enhance the security of and increase protection for the state's critical infrastructure, including but not limited to the electric utility grid, natural gas pipelines, drinking water supply and delivery, wastewater, telecommunications, and emergency services." The nine-member working group (including three ex officio members) will include representatives from the Commonwealth Office of Technology, the Kentucky Public Service Commission and the Kentucky Department of Homeland Security, among others. "The workgroup shall report to the Governor and to the Legislative Research Commission by December 1 of each year. The report shall include the current priority list and a discussion of whether blockchain could be deployed, and any associated costbenefit analysis," the bill states. A fiscal impact document indicates that the effort will cost $400,000 annually, with those funds coming from state revenues. To that point, "[m]ost of the funds would be used to 182

access expertise in the use of blockchain technology, which is not currently staffed within COT and of limited availability in the marketplace. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

183

Technology

10-41B-04

Iowa

Empower Rural Iowa Act HF 772

Summary: Creates an Empower Rural Iowa Act to provide incentives for broadband development and workforce housing. Status: Signed by the governor on May 20, 2019. Comments: From the Office of the Governor (May 20, 2019) Today, Gov. Reynolds signed HF 772, the Empower Rural Iowa Act that will lay the foundation for vibrant rural communities. The bill passed the Iowa Legislature unanimously, was a key priority in the Governor’s Condition of the State Address, and was based on the task force recommendations of the Governor’s Empower Rural Iowa Initiative. Watch video of the bill signing here. “Today we are one step closer to achieving growth and prosperity in every single corner of our state,” said Gov. Reynolds. “We’re connecting, investing and growing our rural communities through this collaborative initiative. This new law will not only continue the positive momentum taking place across rural Iowa, but strengthen our way of life to keep our young people here and attract others to our state.” “The Governor’s Empower Rural Iowa Initiative will ensure the entire state is positioned to be successful today and well into the future,” said Lt. Gov. Gregg, co-chair of the Governor’s Empower Rural Iowa Initiative. “This legislation encompasses ideas from community stakeholders who were willing to step up and propose solutions. Through this effort, we are making Iowa the best place to seek the American dream.” Governor Reynolds signed the legislation in Wilton at the Wilton Candy Kitchen, a local ice cream parlor, soda fountain and confectionery store. HF772: an act creating an empower rural iowa act to provide incentives for broadband and workforce housing, and including effective date and applicability provisions. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume 184

( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Comments/Note to staff:

185

Transportation

11-41B-01

New Jersey

A New Law to Expand Access to Driver’s Licenses A 4743

Summary: Allows residents unable to prove lawful presence in the U.S. to receive permits, and standard driver's licenses or identification cards. Status: Signed by the governor on December 19, 2019. Comments: From the Office of the Governor (December 19, 2019) Governor Phil Murphy today signed a new law (A4743) to expand access to driver’s licenses. The bill will give more New Jersey residents the opportunity to earn a license while decreasing the number of uninsured drivers on the road, improving roadway safety. New Jersey joins thirteen other states, including California, New York, and Utah, and the District of Columbia, in allowing residents to obtain driver’s licenses regardless of immigration status. “Expanding access to driver’s licenses is critical for the safety of New Jerseyans and a step toward building a stronger and fairer New Jersey for all,” said Governor Murphy. “Allowing residents the opportunity to obtain driver’s licenses regardless of their immigration status will decrease the number of uninsured drivers and increase safety on our roads. I thank my partners in the Legislature for sending this important bill to my desk.” Allowing residents the opportunity to obtain driver's licenses will decrease the number of uninsured drivers and increase safety on our roads. I thank my partners in the Legislature for sending this important bill to my desk.” “This law allows hundreds of thousands of immigrants on our roads to be trained, tested, licensed and insured,’’ said Motor Vehicle Commission Chief Administrator Sue Fulton. “Those who pass our driver testing and meet our strict identity requirements will be able to drive to work, school, doctor’s appointments, and other activities, without risking the break-up of their families.’’ "Studies have shown that similar legislation in other states has had positive results for public and highway traffic safety and we look forward to similar benefits here in New Jersey," said New Jersey State Police Superintendent Colonel Patrick Callahan. “For many residents, access to a driver’s license will mean access to educational and job opportunities that will allow them to enhance their families’ lives. It will also mean access to auto insurance, which will reduce the number of uninsured in our state and create safer roadways for all of New Jersey. I want to thank the Governor and 186

Legislature for their support and effort on taking a bold step that once again demonstrates that New Jersey is a leader on issues of social and economic justice that are vital to our residents, and to ensuring the success of our state,” said Department of Banking and Insurance Commissioner Marlene Caride. The bill creates two categories of driver’s licenses and non-driver identification cards: federally-compliant REAL ID, which is only available for documented residents, and the Standard Basic driver’s license and ID, which will be available to all New Jersey residents regardless of immigration status. Anyone who applies for a Standard Basic driver’s license or ID, whether a citizen or non-citizen, must provide six points of identification. Further, the bill ensures that those who hold a Standard Basic driver’s license are treated fairly. The bill prohibits insurance companies from charging a driver more for having a Standard Basic driver’s license, and prohibits employment, housing, and public-accommodation discrimination against an individual for holding a Standard Basic driver’s license or ID. The bill also requires the Chief Administrator of Motor Vehicle Commission (MVC) to establish a two year public awareness campaign to inform the public about the availability of and the requirements to obtain a Standard Basic license or REAL ID. The bill also creates an 11-member advisory board to review the MVC’s implementation of the bill and the issuance of Standard Basic and REAL ID driver’s licenses. A report from the Board will be issued to the Governor and Legislature containing its findings and recommendations no later than 12 months following the bill’s effective date, which is January 1, 2021. "Ensuring all eligible New Jersey residents have access to greater independence with a driver's license or identification card, in the wake of Real IDs also posing affordability and access concerns, required a keen attention to detail,” said Assemblymembers Annette Quijano, Raj Mukherji, Gary Schaer, Gordon Johnson, Valerie Vainieri Huttle, and Joe Danielsen. “The main purpose was to ensure safer roads and more insured drivers in New Jersey. We have created a pathway for a New Jersey resident to acquire a driver’s license, register their vehicle and insure their vehicle thus making for safer roads for all. We know this legislation will change thousands of lives in the Garden State, a state with both urban, suburban and rural communities that require residents to drive a car to get from point A to point B. This bill has always been, first and foremost, about safety. We’re proud to have sponsored the bill and we look forward to it being signed into law.” “Everyone benefits from safer roads,” said Senator Joseph Vitale. “When more people are able to be trained, tested and buy insurance, it reduces risk for everyone. This legislation, now law, is not only the right thing to do for our residents, it is the responsible thing to do for our state.”

187

“This legislation is going to be life-changing for thousands of families across New Jersey. It is incredible to imagine the impact it will have on the 168,000 children with undocumented parents and over 400,000 undocumented immigrants of driving age. These are mothers and fathers striving to make a better life for their children. It is extremely difficult to navigate this state without a car and like every New Jerseyan, they have jobs to get to, children to drop off at school and lives to live,” said Senator Teresa Ruiz. “Not only will this law make our roads safer, it will also positively impact our economy and workforce. Other states that have approved similar legislation have seen a significant decrease in car insurance premiums and hit-and-run accidents. We expect to see the same here.” “This legislation breaks down barriers that are holding back hardworking men and women trying to ensure their family’s financial security and provide opportunities to their children that were not afforded to them,” said Senator Nilsa Cruz-Perez. “Getting behind the wheel is a privilege that is often assumed in the commonality of our daily lives, but for the undocumented community residing in New Jersey, access to the roadways offers is a path to new opportunities and an improved quality of life. This law will be transformative for families across the state.” “This is a historic day, and I am grateful to everyone who has advocated and fought for this law, without their dedication, persistence and patience this would never have become a reality. Not only will this make our roadways safer, it is going to immediately impact the quality of life of over half a million tax paying and contributing residents of our state,” said Senator Nellie Pou. “Through this law and regulatory approach, we will make our roads safer and boost our economy but more importantly, we will provide for a fair mechanism to empowering all communities here in New Jersey.” “It has been incredible to see the immigrant community organize, mobilize and advocate for this issue,” said Senator Nia Gill. “It is good, common-sense legislation and I look forward to seeing the impact it has on our communities and our economy.” "This new law will allow residents the opportunity to obtain driver’s licenses regardless of their immigration status and will keep our roads safe,” said City of Passaic Police Chief Luis A. Guzman. “There are advocates in New Jersey that have been fighting for access to driver's licenses for more than 20 years,” said Adriana Abizadeh, Executive Director of the Latin American Legal Defense and Education Fund (LALDEF). “As the 15th state to pass this legislation, we are shouting from the rooftops that immigrants are welcome in New Jersey. As an organization focused on the inclusion of immigrants in this state, I am heartened by the progress we have made. It doesn't stop here. We will continue to tackle inequities through policy for some of the most vulnerable among us. ¡Si se pudo!” "This is a historic moment for the Latino community of New Jersey, the culmination of 15 years of struggle," said Frank Argote-Freyre, a Latin-American history professor at Kean University and Chair of the Latino Action Network Foundation. "It is the moment 188

when the organizing power of the community reached a new level and I am confident it will be seen as a turning point in the struggle for self-empowerment by generations to come. We are fortunate at this time to also have a Governor willing to show courage in the face of a torrent of anti-immigrant sentiment. His support of our community will be long remembered." “This is a huge moment for working people who have fought for years to be able to have access to this necessity,” said Kevin Brown, New Jersey State Director and Vice President of SEIU 32BJ. “Driving is more often than not essential to having and keeping a job in New Jersey, so expanded access to driver’s licenses will fuel our economy, make our streets safer and support at-risk populations who need access. This bill is more than just a license; it’s an opportunity for growth. We are thankful to Governor Murphy and the NJ Legislature for standing up for all New Jerseyans.” “On this historic day, New Jersey says to hundreds of thousands of New Jerseyans without status, you are a part of our state and our communities regardless of your federal immigration status,” said Johanna Calle, director of New Jersey Alliance For Immigrant Justice. “A driver’s license is so much more than a driver’s license, it is a basic form of identification which shows that we are a part of this state and our communities. It brings immigrants out of the shadows. It means that every one of us, regardless of immigration status, belongs. Thank you to the Legislature and Governor Murphy for making New Jersey the 15th state to allow all residents and families to drive safely.” "Expanding access to driver’s license is a victory that was won by collective fights of all the community organizations,” said Reynalda Cruz, member of the New Labor. “Having a license is a necessity that will allow individuals to drive to work, school, and doctor’s appointments. New Labor members applaud New Jersey for taking this important step.” "Since the founding of the Latino Action Network in 2009, this has been our number one legislative priority," said Christian Estevez, President of LAN. "Governor Murphy's signing of this bill is a landmark moment for our community and the entire state of New Jersey. It makes our state, a more humane and safe place to live. The coming together of a wide range of constituencies made this possible. It challenges the tone of intolerance set by President Trump at the national level." “Today New Jersey has taken a major step towards a more fair and welcoming state for all of its residents,” said Itzel Hernandez, Immigrant Rights Organizer, American Friends Service Committee. “As the 15th state to sign a similar bill into law, New Jersey is ensuring that we can all enjoy safer roads. Today, we recognize that we all need to be able to get to work, school, take our children to the doctor and other regular tasks as productive members of society. Having tested, licensed and insured drivers is just commonsense legislation. While providing an economic boost for the state, it will also allow us to treat our neighbors with dignity and respect. We are thrilled to be part of this key moment for immigrant justice.”

189

"I would like to thank Governor Phil Murphy for doing the right thing. It sounds foolish, but just look around the country. How many people in positions of power that do the wrong thing over and over,” said Brian Lozano, Lead Organizer and Advocacy Coordinator of Wind of the Spirit. “Thank you for opening the door to undocumented immigrant communities and helping our communities reclaim their dignity.” “This law sends a clear message to the nation that New Jersey values the dignity of every resident, regardless of their immigration status or where they were born,” said Erika Nava, Policy Analyst at New Jersey Policy Perspective (NJPP). “Driver’s license expansion, more than any other policy, will immediately boost the mobility and economic opportunity of mixed-status households in every corner of the state. Allowing all residents to legally drive will also ensure everyone on the road is properly trained, tested, and insured, making roads safer for all.” "Today, after years of struggle, immigrants made history in New Jersey. As a mother who has taken three buses to take my son to the doctor and to school, my life will change now that I can have access to a driver's license,” said Margarita Rodriguez, member of Make the Road New Jersey. “This victory belongs to immigrant brothers and sisters from across New Jersey who have fought so hard for so many years to be able to drive, and for the respect and dignity we deserve. We thank Governor Murphy, who has stood with our campaign from day one, and to our incredible sponsors, especially Assemblymembers Quijano and Schaer, as well as, Senators Vitale, Ruiz, Cryan, Pou and Cruz-Perez, and to Senate President Sweeney and Speaker Coughlin for their leadership." “Now that the law will expand access to driver’s licenses to all New Jersey residents regardless of immigration status, hundreds of thousands of New Jerseyans will be able to move more freely and live with less fear,” said Amol Sinha, Executive Director of the ACLU-NJ. “It will surely improve public safety, increase civic participation, and strengthen our economy. We could not have gotten here without the leadership of Assemblywoman Annette Quijano and Senator Joseph Vitale, along with Senate President Steve Sweeney, Speaker Craig Coughlin, and Governor Murphy. Above all, we thank the tireless activists and fearless community members who have for years dedicated themselves to the causes of fairness, justice, and equality – this monumental achievement belongs to them, and to all New Jerseyans.” "This is an especially gratifying moment not only for the state, but for the many organizers and leaders within our organization that have dedicated their time and energy to this cause,” said Charlene Walker, Executive Director of Faith in New Jersey. “We focus heavily on protecting the rights and needs of the most vulnerable, and this measure opens up a whole new door for thousands of individuals that have had to risk driving without a license or insurance, having to rely on public transportation, or having to walk miles to get to work. Having a license is a demonstration of inclusion and the state’s way of recognizing that one is responsible enough to handle such a privilege that many of us take for granted."

190

191

Transportation

11-41B-02

North Carolina

Limited Driver’s License Bill HB 158

Summary: An act to require the Division of Motor Vehicles to temporarily waive the road test requirement for level two limited provisional licenses and to provide accommodations for driver education coursework interrupted by school closures in the spring semester of 2020. Status: Signed by the governor on June 19, 2020. Comments: From Fox 8 (June 19, 2020) Governor Roy Cooper signed House Bill 158 on Friday that will allow teen drivers in North Carolina to get a limited driver’s license without taking a road test amid the coronavirus pandemic. The bill also addressed what happens to young people who were only able to partially complete the 30 required hours of classroom instruction in order to get their first license before schools were closed. With the signing of the bill, Cooper gave the N.C. Division of Motor Vehicles the ability to temporarily waive the requirement of a road test for young drivers seeking a Level 2 Limited Provisional license. For health and safety reasons, those tests have been suspended since March. “Our top priority is safety and ensuring that drivers who are licensed in this state are equipped with the skills and knowledge to be safe on our roadways for themselves and any passengers, other drivers, cyclists and pedestrians,” said DMV Commissioner Torre Jessup. “We believe a young driver who has gone through the graduated licensing process to qualify for a Level 2 license should have sufficient supervised driving experience and instruction to be able to forego a road test and to continue gaining driving experience.” Drivers who qualify for the waiver are 16 or 17 years old, have held a Level 1 Limited Learner Permit for at least 12 months, have completed at least 60 hours of supervised driving, including time driving at night, and have not had a moving violation or seat belt/cell phone violation in the last six months. As part of the process for a Level 1 permit, drivers already passed the DMV’s written, sign and vision test and have their driving eligibility and driver’s education certificates.

192

Drivers seeking the waiver have to make an appointment at a driver license office. They would select “Teen Driver Level 2” as the type of appointment, and then choose an available office, date and time. The online appointments can be made up to a month in advance. Drivers must have a parent or a guardian at the office with them, must present proof of liability insurance and a driving log that shows at least the 60 hours of supervised driving and must get their picture taken. They will be given a paper temporary license, while the permanent license is mailed to their address. The Level 2 license allows unsupervised driving from 5 a.m. to 9 p.m. as well as traveling to and from work, and to work with a volunteer rescue, fire or emergency medical service. Other than member’s of the driver’s family who live in the same household, the new driver is not allowed to have more than one passenger under 21 in the vehicle. They are also not allowed to use a cell phone in the vehicle. Driver’s moving up to a Level 3 full provisional license will still have to pass a road test. A Level 3 license allows unsupervised driving at all times. They will have to wait at least six months after receiving the Level 2 license to advance to move on to the next level. They also cannot have convictions for a moving violation or seat belt/cell phone infraction within the last six months before scheduling their road test. When the DMV can start doing road tests again, a provision of the new law will end the waiver option. There is no set timetable for the road test resumption at this time. Staff Note: Disposition of Entry: SSL Committee Meeting: 2021 B ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle 193

( ) Reject Comments/Note to staff:

194