2022 Shared State Legislation Docket

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 meeting’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 state’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

2022 CYCLE DOCKET BOOK 42

December 3, 2021

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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.

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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 “Act” 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.

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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

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SSL DOCKET CATEGORIES 1*. SEED 2. Agriculture 3. Commerce and Labor 4. COVID-19 5. Education 6. Environment 7. Government 8. Health 9*. Justice 10*. Technology 11*. Transportation

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2022 SSL CYCLE Docket 42

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

SOURCE

Contents (01) SEED 01-42-01*

Establishment of Telecommuting Policy

VA

01-42-02*

Extended Employment Services Program

ID

01-42-03*

Enhancing Competitive Integrated Employment Opportunities for Individuals with Severe Disabilities

TN

01-42-04*

Apprentice Assistance and Support Services Pilot Program

NJ

01-42-05*

Tennessee Transportation Accessibility and Mobility Act of 2020

TN

01-42-06

Accessibility Standards for State's Information Technology Infrastructure

CO

01-42-07

State as a Model Employer Program

TN

01-42-08

Alternative Application Process for Individuals in State Government

VA

01-42-09

Income Tax Credit for employment of individuals with developmental disabilities or severe mental illness by private sector employers

ND

(02) AGRICULTURE 02-42-01

Uniform Easement Relocation Act

NE

02-42-02

Revises provisions governing the administration of certain substances to animals by licensed veterinarians.

NV

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(03) COMMERCE AND LABOR 03-42-01

California Creative Workforce Act of 2021

CA

03-42-02

Hawaii Senate Bill 764

HI

03-42-03

Healthy Workplaces Act

NM

03-42-04

Marijuana regulation and taxation act

NY

03-42-05

Louisiana House Bill 197

LA

03-42-06

Relating to Employment Security

HI

03-42-07

An Act relating to employee incentives, technical education, and unemployment insurance.

VT

03-42-08

Digital Advertising Gross Revenues, Income, Sales and Use, and Tobacco Taxes - Alterations and Implementation

MD

03-42-09

An act relating to contractors installing residential photovoltaic systems used to produce electricity, establishing certain requirements for work contracts, advertisements.

NV

03-42-10

Occupational Therapy Licensure Compact

VA

03-42-11

Relates to the dangers to the safety and health of the public caused by the sale, manufacturing, importing and marketing of firearms.

NY

03-42-12

Counseling Compact

GA

03-42-13

Records of transactions involving unattached catalytic converters

TN

03-42-14

An Act relating to the Employment Security Law

NE

03-42-15

Cannabis: Financial Institutions

CA

03-42-16

Appropriations for FY 2021, FY 2022, and FY 2023, for various state agencies

KS

03-42-17

Urban Air Mobility Study Committee

AZ

03-42-18

Revises provisions relating to cannabis.

NV

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(04) COVID-19 04-42-01

Demographic Data-Covid-19

IL

04-42-02

Automatic COVID-19 Eviction Sealing

NV

05-42-01

Providing for equity and access in the community and technical colleges.

WA

05-42-02

Students; guidelines on excused student absences, civic engagement.

VA

05-42-03

School Code - Media Literacy

IL

05-42-04

An Act to support Arkansas Public Schools and Public School Districts in the Implementation of a Community School Approach

AR

05-42-05

An Act concerning expansion of the opportunities to Administer medical marijuana at school to a student with a valid medical marijuana recommendation.

CO

05-42-06

Concerning professional learning, equity, cultural competency, and dismantling institutional racism in the public school system.

WA

05-42-07

The Civic Literacy Act

RI

05-42-08

Student Identification Card Suicide Prevention Act

SC

05-42-09

Tennessee Work Ready Opportunity Program Act

TN

(05) EDUCATION

(06) ENVIRONMENT 06-42-01

Climate Action Plan to Reduce Pollution Concerning the reduction of greenhouse gas pollution, and, in connection therewith, establishing statewide greenhouse gas pollution reduction goals and making an appropriation.

CO

06-42-02

An act to amend the environmental conservation law, the public service law, the public authorities law, the labor law and the community risk and resiliency act, in relation to establishing the New York state climate leadership and community protection act.

NY

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06-42-03

Concerning the management of certain materials to support recycling and waste and litter reduction.

WA

06-42-04

Advanced Recycling Legislation

PA

06-42-05

Electronic Waste Collection, Recycling & Reuse Act

AR

(07) GOVERNMENT 07-42-01

Concerning the Expansion of the Allowable Uses of the Housing Development Grant Fund.

CO

07-42-02

Remove Lawful Presence Verification Credentialing

CO

07-42-03

Apprenticeship: developmentally disabled persons.

CA

07-42-04

Revising the international application of the uniform child custody jurisdiction and enforcement act to protect families from facing the death penalty in certain foreign jurisdictions on the basis of religious beliefs, political beliefs, or sexual orientation.

WA

07-42-05

Gubernatorial Transfer of Power

UT

07-42-06

Parks, outdoor environmental education, grant program

CA

07-42-07

Student and Military Voter Empowerment Act

MD

08-42-01

Regulation of Pharmacy Benefit Managers

WV

08-42-02

Tobacco Tax, Sales and Use Tax, and Digital Advertising Gross Revenues Tax

MD

08-42-03

Relating to mental health; and declaring an emergency.

OR

08-42-04

An Act relating to mental health; requiring certain mental health professionals to complete continuing education concerning cultural competency and diversity, equity and inclusion.

NV

08-42-05

Telehealth Parity Amendments

UT

08-42-06

An act relating to addressing disparities and promoting equity in the health care system.

VT

(08) HEALTH

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08-42-07

An Act relating to a parity complaint portal and educational TX materials and parity law training regarding benefits for mental health conditions and substance use disorders to be made available.

08-42-08

An Act relating to the creation of the state office of Behavioral Health Consumer Advocacy

WA

08-42-09

Physician-Administered Drugs

LA

08-42-10

An Act to Exempt Health Savings Account-Qualified Health Insurance Policies from Certain Insurance Requirements (To Clarify the Coverage Of Diagnostic Examination’s For Breast Cancer Under Certain Plans; And For Other Purposes).

AR

08-42-11

Tobacco Assessment

CA

08-42-12

An Act Concerning Regulation

IL

08-42-13

Public Option

NV

08-42-14

Genetic Information Privacy Act

UT

08-42-15

Relating to the availability of antipsychotic prescription drugs under the vendor drug program and Medicaid managed care

TX

08-42-16

Greater Access to Treatment for Serious Mental Illness by Restricting Prescription Drug Utilization Management

ME

09-42-01*

Relates to recording certain law enforcement activities

NY

09-42-02

Clean Slate Act

PA

09-42-03

Law enforcement: use of force

CA

09-42-04

Landlord Tenant Relations

WA

09-42-05

Immigration Legal Defense Fund

CO

(09) JUSTICE

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(10)TECHNOLOGY 10-42-01*

Broadband Development

IN

10-42-02*

Blockchain Working Group Formation

KY

10-42-03*

Empower Rural Iowa Act

IA

10-42-04

Election Technology Use Study

AR

10-42-05

Voluntary Contributions for Infrastructure Grants for Broadband Deployment.

NV

10-42-06

Telecommunication service act regulating suppliers of inmate calling services by the Public Utilities Commission.

NV

10-42-07

Utilities Provisions Modification

MO

10-42-08

Virginia Consumer Data Protection Act

VA

10-42-09*

Personal Delivery Devices

WA

(11) TRANSPORTATION 11-42-01*

Limited Driver's License Bill

NC

11-42-02

Supporting access to electric vehicle supply equipment.

WA

11-42-03

An act related to transportation, regulating monitored autonomous vehicles and autonomous vehicle providers.

NV

11-42-04*

Expand Access to Driver’s Licenses

NJ

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SEED 01-42-01

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: Enacted on April 6, 2020.

Comments: From Submitter: 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: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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SEED 01-42-02

Idaho Extended Employment Services Program S 1330

Summary: To establish an extended employment services program, to provide eligibility requirements and to provide for periodic review of eligibility, to provide for covered services and an individual program plan, to establish provisions regarding providers of extended employment services, and to provide for program implementation Status: Enacted on March 27, 2020

Comments: From Submitter: 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 that 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: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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SEED 01-42-03

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

Summary: The purpose of this part is to further the policy of the state to encourage and assist individuals with severe disabilities to achieve maximum personal independence through useful, productive, and gainful employment by assuring expanded competitive integrated employment opportunities, thereby enhancing their dignity and capacity for self-support and realizing independence and self-sufficiency. There is created the committee for providing competitive integrated employment for individuals with severe disabilities. The committee shall provide oversight to the 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: Enacted on July 15, 2020.

Comments: From Submitter: 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 a 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:

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SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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SEED 01-42-04

New Jersey Apprentice Assistance and Support Services Pilot Program SB 3067

Summary: This bill establishes, for a five year period, an Apprentice Assistance and Support Services Pilot Program. The purpose of the program is to address two significant barriers to individuals participating in apprenticeships, a lack of affordable, reliable transportation and a lack of affordable, high-quality childcare, by providing subsidies to eligible individuals participating in federally approved apprenticeships.

Status: Enacted January 21, 2020 Comments: From Submitter: People with disabilities and other underrepresented populations often experience multiple barriers to participation in apprenticeship programs, including lack of affordable and high-quality child-care 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 child-care.

Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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SEED 01-42-05

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 purpose of the office is to 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: Enacted 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: From Submitter: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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SEED 01-42-06

Colorado Accessibility Standards for State's Information Technology Infrastructure HB1110

Summary: The Chief Information Officer in the Office of Technology shall develop, promote, and monitor Accessibility Standards for Individuals with a Disability in the State's Information Technology Infrastructure consistent with Web Content Accessibility Guidelines. Each agency is required to develop an accessibility plan and submit its plan for approval to the Office of Technology.

Status: Enacted on June 30, 2021.

Comments: Staff Note: Disposition of Entry:

SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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SEED 01-42-07

Tennessee State as a Model Employer Program SB100

Summary: Creates the state as a model employer program to ensure that state agencies and departments design and proactively implement best, promising, and emerging policies, practices, and procedures related to the recruitment, hiring, advancement, and retention of qualified individuals with disabilities.

Status: Enacted on May 27, 2021.

Comments: Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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SEED 01-42-08

Virginia Alternative Application Process for Individuals in State Government HB2140

Summary: Directs the Department of Human Resource Management to create an alternative application process for the employment of persons with a disability. The process must be noncompetitive in nature and provide state agencies using the process an option for converting positions filled through the noncompetitive process into positions that are normally filled through a competitive process.

Status: Enacted on March 18, 2021.

Comments: Staff Note: Disposition of Entry:

SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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SEED 01-42-09

North Dakota Income Tax Credit for employment of individuals with developmental disabilities or severe mental illness by private sector employers HB1405

Summary: Relates to an income tax credit for the employment of individuals with developmental disabilities or severe mental illness. The credit equals five percent of up to six thousand dollars in wages paid during the first twelve months of employment by the taxpayer for each employee with a developmental disability or chronically mentally ill employee, if the department of human services' vocational rehabilitation division determines the individual has a most significant disability, is eligible for services, and requires customized employment or supported employment in order to obtain competitive integrated employment.

Status: Enacted on March 25, 2021.

Comments: Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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AGRICULTURE 02-42-01

Nebraska

Uniform Easement Relocation Act LB 501

Summary: The Uniform Easement Relocation Act allows the owner of real estate burdened by an easement to obtain a court order to relocate the easement if the relocation does not materially impair the utility of the easement to the easement holder, or the physical condition, use, or value of the benefited property. The burdened property owner must file a civil action, give other potentially affected real-property interest owners notice, and bear all the costs of relocation.

Status: Enacted.

Comments: From https://www.uniformlaws.org Sections 64 to 77 of the bill enact the Uniform Easement Relocation Act.

Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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AGRICULTURE 02-42-02

Nevada

Revises provisions governing the administration of certain substances to animals by licensed veterinarians.

AB 101

Summary: Existing law authorizes a licensed veterinarian to engage in the practice of veterinary medicine by: (1) prescribing or administering any drug, medicine, biologic, apparatus, application, anesthetic or other therapeutic or diagnostic substance or technique in order to treat an animal; and (2) rendering advice or recommendations related thereto.

(NRS 638.007, 638.008) This bill additionally authorizes a licensed veterinarian to administer to an animal a product containing hemp or CBD that has a concentration of not more than 0.3 percent THC. This bill also authorizes a licensed veterinarian to recommend to the owner of an animal the use of a product containing hemp or CBD to treat a condition of the animal. Existing law authorizes the Nevada State Board of Veterinary Medical Examiners to take disciplinary action against a licensed veterinarian for the violation of a regulation adopted by the Nevada State Board of Veterinary Medical Examiners or the State Board of Pharmacy. (NRS 638.140, 638.147) This bill prohibits the Nevada State Board of Veterinary Medical Examiners from taking disciplinary action against a licensed veterinarian or the facility in which the licensed veterinarian engages in the practice of veterinary medicine for recommending the use of or administering certain products containing hemp or CBD to treat a condition of an animal.

Status: Enacted.

Comments: From VIN News Service (June 10, 2021) Nevada takes lead on CBD in veterinary medicine Nevada has become the first state in the U.S. to authorize veterinarians to recommend and administer CBD under a new law that protects practitioners from disciplinary action if they treat veterinary patients with the cannabis derivative. The law takes effect Oct. 1.

Assembly Member Steve Yeager, sponsor of the legislation that passed last month, said it broadly clarifies for veterinarians rules regarding cannabidiol, or CBD. They can now talk about CBD with pet owners, explain which products are appropriate, offer recommendations and dosing advice, and even administer the products.

"They can do all that without having to worry about being disciplined by their board, which was really the main concern behind the bill," Yeager said. Two other states,

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California and Michigan, allow veterinarians to discuss the use of cannabis with clients but not administer such products to clients' pets.

Most states are silent on the use of cannabis products in veterinary medicine. With 40 jurisdictions in the United States now allowing people to take cannabis as medicine, and 20 jurisdictions also allowing adults to use cannabis for recreation — according to tallies by the National Conference of State Legislatures — the nebulous status of therapeutic use in veterinary patients has caused a dilemma for the profession. Meanwhile, the marketplace hasn't hesitated, with vendors promoting CBD and hemp products for pets as well as people.

One of many biologically active compounds in cannabis, CBD does not cause intoxication or euphoria and has generated interest for its possible therapeutic benefits.

Without explicit authorization, veterinarians by and large have been hesitant to discuss with pet owners the potential medicinal application of a product that, before 1996, was illegal in every U.S. state except for federally authorized research.

What's changed Today, Nevada is among the states where cannabis is legal for human medical and adult recreational use. The new law pertaining to veterinary use follows a similar bill in 2015 that never made it to the floor. That legislation would have enabled animals to receive medical marijuana registry cards.

Yeager, sponsor of the successful bill, said he suspects the state simply wasn't ready to take such a step in 2015, pointing to the fact that its dispensary program was still in early stages, which likely prompted fears of doing too much too soon.

"I think we fast-forward six years later, and the landscape is just really different in the state," he said. "I think there's a comfort level with the cannabis industry, with CBD, that just was not there in 2015."

Another big shift: Federal law has softened. Whereas all forms and derivatives of the cannabis plant previously were regulated as schedule 1 controlled substances, meaning the U.S. government saw it as having a high potential for abuse and no accepted medical use, that changed with the passage of the Agriculture Improvement Act of 2018.

Informally known as the 2018 Farm Bill, the legislation provided a carve-out for hemp, defined as cannabis plants and plant parts containing no more than 0.3% tetrahydrocannabinol. THC, as it's commonly known, is the compound in cannabis that imparts a high.

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2018 was a watershed year for cannabis in another respect: The U.S. Food and Drug Administration for the first time approved a drug derived from the cannabis plant.

Containing CBD, the prescription medication Epidiolex is labeled for use in human patients to treat either of two forms of a rare and severe epilepsy.

Meanwhile, published research is starting to mount on CBD in veterinary patients, including studies on the pharmacokinetics of CBD oil in healthy dogs and dogs with osteoarthritis; and a study on the efficacy of CBD in treating epileptic dogs. There is also research focused on the safety of cannabinoids in small doses in dogs and in cats.

Bill passed easily Yeager became involved with the issue near the end of 2020, when he was approached by a lobbyist for the Nevada State Board of Veterinary Medical Examiners. He said she offered him a bill, already written.

A champion of cannabis-related legislation, Yeager agreed that it was a "nice gap to fix."

"Of course, I asked her what I always ask, which is 'How many people are going to come out of the woodworks and really hate this idea and oppose it?' " he recounted.

"And to her credit, she said, 'I'm not aware of anybody. I've talked to folks, and everybody seems to be OK with it.' So thankfully, that's how it actually turned out."

Indeed, the journey of the groundbreaking legislation was remarkably unremarkable: It received unanimous yes votes in both chambers and flew through Assembly and Senate committees with not a single word of testimony in opposition. Yeager, a Democrat, found common ground on the bill across party lines, with one conservative member of the Assembly offering to speak on the bill's behalf on the floor.

Similar legislation has appeared in other states, to varying degrees of success. A law in Michigan that took effect March 24 allows veterinarians to "consult with an owner on the use of marihuana or industrial hemp on an animal of the owner." In 2018, California became the first state to recognize the use of marijuana as medicine for veterinary patients with a law that protects licensees from disciplinary action for solely discussing its use.

Subsequent attempts to expand California veterinarians' latitude, enabling them to recommend cannabis, have so far been stymied. A bill introduced this session, AB 384, is stalled in the Appropriations Committee.

Rhode Island, New York and Oklahoma also considered related legislation in this session, according to American Veterinary Medical Association President Dr. Douglas Kratt.

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In Rhode Island, a bill to make pets eligible for medical marijuana has been held for further study. Similar bills in New York and Oklahoma did not make it out of committee before the states' legislative sessions adjourned.

Staff Note:

Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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COMMERCE AND LABOR 03-42-01

California

California Creative Workforce Act of 2021 SB 628

Summary: This bill enacts the California Creative Workforce Act of 2021, the purpose of which would be to establish creative arts workforce development as a state priority and to promote employment and “earn and learn” job training opportunities for creative workers. Among other things, this bill requires the California Arts Council (CAC), in consultation with the California Workforce Development Board (CWDB), to design the program guidelines and criteria and vests the Council with the responsibility of overseeing and administering the grant program.

Status: Enacted on September 14, 2021.

Comments:

Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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COMMERCE AND LABOR 03-42-02

Hawaii

Hawaii Senate Bill 764 HI SB764

Summary: Adds a permanent commercial driver's license disqualification for a commercial driver's license or commercial learner's permit holder who is convicted of a felony involving severe forms of trafficking in persons, without the possibility of reinstatement.

Status: Enacted on July 6th, 2021.

Comments:

Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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COMMERCE AND LABOR 03-42-03

New Mexico

Healthy Workplaces Act HB 20

Summary: This bill allows employees in the state to use earned sick leave for diagnosis, care, or treatment of mental or physical illness, injury, or health conditions.

Status: Enacted on April 8, 2021.

Comments: From Submitter By passing this bill, NM joins 15 other states that require employers to offer paid sick leave to employees, but it is unique in that it specifies that sick leave can be used for managing mental health needs.

From National Law Review (April 9, 2021) New Mexico: Private Employers Must Provide Up to 64 Hours of Paid Sick Leave To Employees in 2022 Beginning on July 1, 2022, New Mexico will join 15 other states (and Washington, D.C.) in requiring private employers to provide paid sick leave to their employees.

On April 8, 2021, New Mexico Governor Michelle Lujan Grisham signed House Bill 20, thereby enacting the Healthy Workplaces Act (HWA). Generally, the HWA entitles employees to up to 64 hours of paid sick leave each year.

Covered Employees and Employers HWA will require individuals, partnerships, associations, corporations, business trusts, legal representatives or any organized groups of persons employing at least one employee at any time provide paid sick leave to all employees, including full-time, parttime, seasonal, and temporary employees. Significantly, HWA will not obligate public employers (i.e., the United States, the state, or any political subdivision of the state) to provide paid sick leave to employees. Unlike paid sick leave laws in some states, small employers are not exempted from the HWA. Sick Leave Entitlement Employees will accrue one hour of paid sick leave for every 30 hours worked, up to a total of 64 hours a year. An employer may choose to frontload its employees with the 64 hours 29

at the beginning of the year or, of course, be more generous in providing employees with paid sick leave. An employer can choose how it would like to define a “year” in which paid sick leave must be used (i.e., the calendar year, fiscal year, a rolling 12-month period measured forward from the date an employee first requests sick leave, and the like).

Permitted Uses Employees may use paid sick leave for the following reasons: 1. The employee’s: 1. Mental or physical illness, injury, or health condition; 2. Medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or 3. Preventive medical care; 2. The employee needs to care for a family member relating to the family member’s: 1. Mental or physical illness, injury, or health condition; 2. Medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or 3. Preventive medical care; 3. For meetings at the employee’s child’s school or place of care related to the child’s health or disability; 4. For absence necessary due to domestic abuse, sexual assault, or stalking suffered by the employee or a family member of the employee; provided that the leave is for the employee to: 1. Obtain medical or psychological treatment or other counseling; 2. Relocate; 3. Prepare for or participate in legal proceedings; or 4. Obtain services or assist a family member of the employee with any of the activities set forth in the statute.

Employees must take paid sick leave in one-hour increments, unless the employer permits employees to take leave in smaller increments. Additionally, as a condition of taking paid sick leave, employers may not require that the employee search for and find a replacement worker to cover the employee’s paid sick leave.

Notice and Documentation Employers must provide paid sick leave upon an employee’s oral or written request.

Employees should include the expected duration of sick leave being requested. When the 30

leave is foreseeable, employees should make a good faith effort to provide notice and make a reasonable effort to leave in a manner that does not unduly disrupt business operations. Employers may require employees to provide reasonable documentation that sick leave is being used for a qualifying HWA reason if the employee uses at least two consecutive workdays of sick leave.

Documentation signed by a health care professional indicating the amount of earned sick leave taken is necessary will be considered reasonable documentation, as will a police report, a court-issued document, or a signed statement from a victim services organization, clergy member, attorney, advocate, the employee, a family member of the employee, or other person. An employer may not require that the documentation explain the nature of any medical condition or the details of the domestic abuse, sexual assault, or stalking.

Interaction with Employer’s Paid Time Off Policy Employers with paid time off (PTO) policies that provide the minimum amount of leave required by the HWA (i.e., 64 hours) may use their PTO policy to comply with their HWA requirements, so long as employees can take PTO for the same reasons set forth in the HWA and under the same terms and conditions. For example, employees requesting PTO for a qualifying, HWA reason cannot be required to receive advance approval from their manager to take time off and must be able to use PTO in hourly increments or less.

Sick leave required by the HWA will be in addition to any PTO provided by an employer pursuant to a collective bargaining agreement, unless that PTO may be used for the same purposes and under the same terms and conditions as the HWA. Notice to Employees An employer must give written or electronic notice to an employee at the commencement of employment of the following: 1. The employee’s right to earned sick leave; 2. The manner in which sick leave is accrued and calculated; 3. The terms of use of earned sick leave as guaranteed by the HWA; 4. That retaliation against employees for use of sick leave is prohibited; 5. The employee’s right to file a complaint with the Labor Relations Division of The Workforce Solutions Department if earned sick leave as required pursuant to the HWA is denied by the employer or if the employee is retaliated against; and 6. All means of enforcing violations of the HWA. The Labor Relations Division of the Workforce Solutions Department provide a poster that must be posted in the workplace.

Anti-Retaliation 31

The HWA prohibits retaliation against employees who take this leave, providing an avenue of relief if employees feel their employer has taken any adverse action against them.

Recordkeeping Employers must retain records for each employee for a four-year period, documenting hours worked and paid sick leave used.

Violations of HWA Aggrieved employees may file a civil action in court for a violation of the HWA within three years from the date the alleged violation occurred. An employer that violated the HWA may be liable to the affected employee for a number of enumerated violations, including an employer’s failure to compensate an employee for sick leave, unlawfully denying sick leave, discharging an employee relating to the employee’s use of paid sick leave, and failure to provide notice or comply with the HWA’s recordkeeping requirements.

Employers also will be penalized if they fail to provide sick leave to employees who are misclassified as independent contractors. Penalties for the foregoing violations vary from fines, to back pay, lost wages, and benefits.

Additionally, a plaintiff prevailing in a legal action brought pursuant to the HWA will recover all appropriate legal or equitable relief, the costs and expenses of suit, and reasonable attorney fees.

Next Steps Employers should consult with legal counsel to create and review their PTO or paid sick leave policies for compliance.

Staff Note:

Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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COMMERCE AND LABOR 03-42-04

New York

Marijuana regulation and taxation act NY S 854

Summary: Establishes regulatory and taxing framework for legal cannabis in the state. Levies a tax on distributors at 0.5 cents per milligram of THC for flower, 0.8 cents per milligram of THC for concentrates, and 3 cents per milligram of THC for edibles.

Status: Enacted on May 31, 2021.

Comments: From Submitter: This bill makes New York one of the few states posing a potency tax on cannabis.

Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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COMMERCE AND LABOR 03-42-05

Louisiana

Louisiana House Bill 197 LA HB197

Summary: Relative to providing occupational licenses for dependents of healthcare professionals.

Status: Enacted on August 1, 2021.

Comments: Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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COMMERCE AND LABOR 03-42-06

Hawaii

Relating To Employment Security.

HB 1278

Summary: Amends the definitions of benefit year and week. Conforms the manner of filing claims for partial benefits to the same as for total or part-total benefits. Provides relief for certain reimbursable employers. Requires the director of labor and industrial relations to omit benefits charged for experience rating for employers due to the event of COVID-19 in calendar years 2021 and 2022. For calendar years 2021 and 2022, sets the employer contribution rate at schedule D. Makes amendments to contribution rate schedule and procedure for determination retroactive to 1/1/2021.

Status: Enacted on March 2, 2021.

Comments: From Honolulu Civil Beat (February 24, 2021).

Bill Spares Hawaii Businesses From Replenishing UI Trust Fund – For Now Like most local businesses, The Pizza Press had to scramble, adjust and improvise to stay afloat in the COVID-19 pandemic. The Pearl City establishment drastically reduced the work hours for its 25 employees, relying on a “skeletal crew” to operate.

“We’re in survival mode to be able to pay our bills, pay our vendors and keep the lights on,” said co-owner Sarah Nguyen. “Every day we’re looking at our numbers. We’re looking at opportunities — what’s working, what’s not working.”

Typically, the business pays around $500 a year per employee in unemployment insurance tax, Nguyen said. Those funds help keep the state’s UI trust fund solvent to cover unemployment claims.

But COVID-19 decimated Hawaii’s economy, and the $600 million that was in the fund when the pandemic hit evaporated in less than three months as unemployment reached staggering levels as high as 25%.

Under state law, it falls on employers such as Nguyen to pay significantly more in UI tax at the highest possible contribution rate when the trust fund gets depleted as it is now.

That would leave many businesses facing at least triple the cost in UI tax right as they’re trying to recover from the pandemic, officials say.

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At that rate, “I don’t know how long we would last,” Nguyen said Tuesday. “We’re barely making it. It’s scary. I’m pretty exhausted. This is the last thing that we need.”

On Wednesday, state lawmakers sent Gov. David Ige a bill that would spare local businesses from having to pay those drastically higher rates under what’s known as “Schedule H” through 2022.

Instead, their rates will bump up slightly, from Schedule C to Schedule D, as recommended by the Department of Labor and Industrial Relations.

The measure, House Bill 1278, also prevents employers from paying more based on how many workers they’ve laid off or shifts they’ve reduced. That’s because the pandemic has caused virtually everyone to cut back on jobs and work, through no fault of their own.

The bill received no opposition from legislators. It passed through both chambers with hardly any changes and didn’t require a conference to hash out differences.

It was largely seen as a no-brainer to help keep Hawaii’s struggling economy afloat — and it needed to get to Ige by early March in order to avoid the severe Schedule H rates from taking effect.

What the bill doesn’t solve, however, is the looming long-term problem of how to pay back the $700 million — and counting — that the state owes the federal government to help cover Hawaii’s mounting UI claims.

An Insurmountable Debt By some estimates, including one last May from the DLIR, the state could owe the feds as much as $1.2 billion by the end of 2021 for funds needed to keep up with all of the UI claims.

The state’s struggling businesses could not realistically pay back that debt through UI taxes, local payroll tax experts and some legislators say.

In 2019, at a Schedule C rate, the tax generated $174.5 million. After claims were paid the fund grew by more than $47 million, according to the DLIR. Barron Guss, president and CEO of the Hawaii-based human resources firm Altres, said the surplus will barely put a dent in the growing debt to cover the claims.

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Furthermore, he and others argue, there’s a “moral argument” that the state — not employers — should cover the debt because the state compelled businesses to scale back in order to help control the COVID-19 spread.

“Reality is, the state was responsible,” House Finance Chairwoman Sylvia Luke recently told Civil Beat. “Even if we were to put the employers’ assessment at the highest level (Schedule H), they would not be able to bring in enough money to repay the loan anyway.”

If the federal funds aren’t paid back by November 2022 then they’ll start accruing interest and local businesses would see an increase in their federal payroll tax rates, officials say.

Guss compared the pandemic to a natural disaster. When a disaster hits, the Federal Emergency Management Agency doesn’t require localities to pay back the federal dollars under threat of penalties, he said.

Meanwhile, when the pandemic hit, the state’s UI trust fund was the “only conduit to money” for a population suddenly thrust into financial crisis, Guss added.

“The system was not designed for emergency welfare. It was designed to regulate … the ebbs and flows of an economy,” Guss said in a recent video. “It wasn’t made to provide benefits to essentially 25% of the population at the time.”

Still, it’s not clear how transferring the debt burden from employers to the state might impact essential services, as state leaders already grapple with a significant budget deficit wrought by the pandemic.

Legislators said Wednesday that they’re waiting to see what if any relief on the UI funds borrowed is included in the next major federal COVID-19 relief package before they decide how to address the issue.

The problem isn’t limited to Hawaii. At least 19 states have borrowed more than $50 billion from the feds to help cover their depleted UI trust funds. The Chamber of Commerce Hawaii has joined a consortium of 15 other state chambers petitioning Congress for relief on that debt.

HB 1278 will cause some 5,000 businesses currently not paying anything into the fund under Schedule C to pay about $96 per employee annually, according to Guss and others in the business community.

Ige has 10 days to approve, veto or allow the bill to become law without his signature.

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Claimants Still Can’t Get Through Meanwhile, some Hawaii workers who’ve waited months for unemployment payments rallied outside the State Capitol Wednesday to demand that DLIR reopen its offices to the public.

The workers, led by a coalition of labor unions and advocacy groups including the Hawaii Workers Center, Unite Here Local 5 and the Hawaii Nurses Association also lamented the state’s outdated claims system.

Sen. Maile Shimabukuro, a Waianae senator who spoke at the rally, said lawmakers allocated $10 million to fix those computers.

“DLIR is working as fast as they can to modernize their system. I know it’s not fast enough,” she said.

The system did not work fast enough to help Robyn Conboy, who is self employed but also held a job before the pandemic shuttered businesses.

Conboy said she called DLIR hundreds of times one week but couldn’t get through to anyone.

“It’s frustrating, we can’t go on this way,” Conboy said. “We seemed to be being ignored and put off.”

Like others at the rally, Conboy called for unemployment offices to open to in-person visits again.

“They opened the DMV, they’ve opened everything else successfully, the need is real.

The time is now, and we need to have some answers,” she said.

Staff Note:

Disposition of Entry: SSL Committee Meeting: 2022

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

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COMMERCE AND LABOR 03-42-07

Vermont

An act relating to employee incentives, technical education, and unemployment insurance.

S 62

Summary: Establishes an incentive program to attract relocating workers to Vermont.

Status: Enacted on June 1, 2021.

Comments: From Submitter: While this legislation is new, Vermont has made previous attempts at this type of program https://www.wcax.com/2021/09/06/new-round-incentives-remote-relocatingworkers/.

Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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COMMERCE AND LABOR 03-42-08

Maryland

Digital Advertising Gross Revenues, Income, Sales and Use, and Tobacco Taxes - Alterations and Implementation SB 787

Summary: Exempting, from a certain tax on annual gross revenues derived from digital advertising services in the State, advertisement services on digital interfaces owned or operated by or operated on behalf of a broadcast entity and news media entity; prohibiting a person who derives gross revenues from digital advertising in the State from passing on the cost to a certain customer; allowing, for a certain taxable year, a subtraction under the Maryland income tax for certain utility arrearages forgiven during that taxable year, etc.

Status: Enacted on May 30, 2021.

Comments: From https://www.jdsupra.com/ (April 15, 2021).

First state to enact this type of legislation. Enacted via override of the Governor Hogan's veto. The legislation is also currently subject to court challenges.

From American Bar Association Last week, we reported on Maryland’s new gross receipts tax on revenues derived from digital advertising services (the “Tax”), the first of its kind in the nation. Affected taxpayers and tax practitioners alike can breathe a sigh of relief—the Tax will not apply to tax years beginning before 2022. Additionally, the broadcast news industry secured a significant victory by obtaining an exclusion from the Tax. Background As we previously discussed, the Tax is imposed on annual gross revenues derived from “digital advertising services” in Maryland. “Digital advertising services” is defined broadly to include advertisement services on digital interfaces, including banner ads, search engine ads, interstitial ads and other “comparable” advertising services. As enacted, the Tax applied to the revenues from digital advertising services in Maryland of any taxpayer with global annual gross revenues from any source of at least $100 million.

The Tax was originally passed in 2020, but was vetoed by Maryland Governor Larry Hogan after the end of the legislature’s 2020 legislative session. After laying dormant for the better part of a year, the legislature overrode the Governor's veto earlier this year. As enacted, the Tax applied to tax years beginning after 2020. As we noted in our prior blog post, many issues, such as the promulgation of rules regarding apportionment methodology, still need to be addressed. The Tax is already the subject of at least one court challenge. That lawsuit is ongoing.

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Senate Bill 787 Maryland Senate Bill 787 (“SB 787”) was passed by the Maryland House of Delegates on April 9, 2021, and by the Maryland Senate on April 12, 2021. Governor Hogan is expected to neither sign nor veto SB 787. In that event, SB 787 will become law on or about May 12, 2021.

SB 787 amends the Tax in at least three significant ways: 1. SB 787 creates a reprieve from the Tax for certain revenues. Specifically, the legislation exempts from the Tax revenues that are derived from services on digital interfaces that are owned or operated by or on behalf of a “broadcast entity” or a “news media entity.” For this purpose, a “broadcast entity” is defined as an entity “primarily engaged” in operating a broadcast television or radio station; and a “news media entity” is defined as an entity “engaged primarily” in the business of gathering news, reporting, or publishing articles or commentary regarding “news, current events, culture, or other matters of public interest.” Entities that primarily aggregate or republish third-party content are expressly excluded from the definition (and thus are subject to the Tax).

2. SB 787 prohibits taxpayers from directly passing on the cost of the Tax to customers by means of separate fees, surcharges or other line-item charges.

Of course, it does not prohibit taxpayers from simply increasing the cost of goods or services to withstand the tax cost.

3. SB 787 suspends the effective date of the new tax for one year. It provides that the Tax becomes effective for taxable years beginning in 2022 and later.

The broadcast and news industries secured an important exclusion from the Tax. At least for those taxpayers, there will be one less tax to worry about.

The changed effective date for the Tax under SB 787 will undoubtedly result in numerous sighs of relief by affected taxpayers and practitioners. It will also make administration of the Tax a bit more palatable by giving the Maryland Comptroller time to issue regulations and guidance on matters such as apportionment (as directed under the original legislation). It should also give taxpayers time to allow the litigation challenging the Tax to take its course.

We will continue to provide updates as the evolution of the Tax develops.

Staff Note:

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Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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COMMERCE AND LABOR 03-42-09

Nevada

An act relating to contractors performing any work concerning residential photovoltaic systems used to produce electricity, establishing certain requirements for work concerning residential photovoltaic systems and contracts, establishing certain standards for advertisements for work concerning residential photovoltaic systems.

Senate Bill 303

Summary: Legislative Counsel’s Digest: Existing law governs the work of licensed contractors.

(Chapter 624 of NRS) Sections 3-5 of this bill define the terms “contract,” “contractor,” “electric utility,” “residential photovoltaic system” and “work concerning a residential photovoltaic system used to produce electricity” for the purposes of certain provisions governing work concerning such systems and the licensees of the State Contractors’ Board who perform that work. Section 6 of this bill prohibits a person from performing any work on residential photovoltaic systems used to produce electricity without the proper license or other authorization under state law. Section 7 of this bill sets forth the requirements for: (1) all work concerning residential photovoltaic systems used to produce electricity; (2) the contractors who perform the work; and (3) the owner-builders who direct the work. Section 8 of this bill sets forth contractual requirements for the performance of work concerning residential photovoltaic systems used to produce electricity. Section 9 of this bill: (1) authorizes the State Contractors’ Board to adopt regulations establishing certain provisions which must be included in a contract for work concerning a residential photovoltaic system used to produce electricity; and (2) requires the contractor for such work to apply for and obtain all necessary permits and approvals. Section 10 of this bill: (1) establishes certain requirements and prohibitions relating to advertisements and solicitations for work concerning residential photovoltaic systems used to produce electricity; (2) requires the Board to adopt by regulation standards for advertisements for work concerning residential photovoltaic systems used to produce electricity; and (3) prohibits a contractor from certain uses of advertisements that do not comply with the standards adopted by the Board. Section 12 of this bill sets forth certain circumstances under which a contract for work concerning a residential photovoltaic system used to produce electricity is not enforceable against the owner of a single-family residence. Section 13 of this bill authorizes the Board to require a contractor to obtain the services of a construction control if the Board determines that the contractor has violated certain provisions of law or regulation. Section 14 of this bill provides that a violation of any provision of sections 2-14 of this bill constitutes cause for disciplinary action against a contractor by the Board and may be reported to the Office of the Attorney General as a potential deceptive trade practice. Existing law authorizes the Board to require a contractor who performs certain work to obtain performance and payment bonds if the contractor: (1) is determined by the Board to have committed certain violations; (2) enters into a contract 44

that is later found to be void and unenforceable against an owner; or (3) has five valid complaints filed against him or her with the Board within a 15-day period. (NRS 624.270) Section 15 of this bill: (1) makes these provisions applicable to contractors who perform work concerning residential photovoltaic systems used to produce electricity; and (2) authorizes the Board to require a contractor who performs certain work to obtain performance and payment bonds if the contractor enters into a contract that is later voided by the owner of the single-family residence. Existing law sets forth certain acts and omission that constitute cause for disciplinary action against a contractor by the Board. (NRS 624.3016) Section 16 of this bill provides that a contractor’s failure to comply with certain provisions of this bill or regulations adopted by the Board governing contracts for work concerning residential photovoltaic systems used to produce electricity constitutes cause for such disciplinary action. Existing law sets forth the applicability of certain provisions governing construction controls. (NRS 627.175) Section 17 of this bill provides that those provisions apply to a contractor who is required to obtain the services of a construction control to perform work concerning residential photovoltaic systems used to produce electricity.

Status: Enacted on May 30, 2021.

Comments: From Submitter: This bill addresses the problem of shady contractors and promoters selling residential photovoltaic systems to customers. It is modeled on the bill addressing spa and pool contractors which was a big problem in Nevada in the late 1990s.

From The Reno Gazette Journal (July 23, 2021).

SB 303 protects solar consumers in Nevada One of the many blessings of living in Nevada is the Silver State’s renowned, abundant sunshine. With an average of approximately 300 sunny days per year, Nevada offers residents the perfect setting for integrating energy-efficient solar power into their daily life. Therefore, it’s not surprising there are currently 84 solar companies employing over 7,000 workers across Nevada, according to the Solar Energy Industry Association.

However, along with the increased demand for solar energy, there’s also increased opportunities for misleading business practices in the state’s residential solar industry.

Informing and protecting Nevada consumers In an effort to protect and inform Nevada residents, the Nevada State Contractors Board is pleased with the efforts of Senator Chris Brooks, who spearheaded the public safety initiatives of Senate Bill 303, resulting in its approval by Governor Sisolak during the 2021 legislative session. The new law aims to enhance consumer protections for all parties engaging in connecting a solar energy system in their home.

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Under SB 303, Nevada’s residential solar contractors are required to: ► Obtain building permits; ► Comply with the NSCB’s contracting statutes and regulations; and ► Meet requirements imposed by the Public Utilities Commission or other regulating entity throughout the completion of each project.

The new law also requires that any advertising or solicitation for residential solar projects be truthful, or the contractor may find themselves subject to discipline by the NSCB. In addition, down payments are limited to $1,000 or 10% of the contract value, whichever is less. If a homeowner doesn’t agree to financing terms or if the homeowner rescinds the financing per the Truth in Lending Act, the contract for the residential solar project is voidable. In addition to being held accountable by the NSCB, contractors who fail to uphold their new responsibilities under the law may also be subject to discipline by the Nevada Attorney General’s Consumer Affairs Bureau.

Ensuring future quality contracting work Over the last five years, the NSCB has received 331 licensed complaints against Nevada solar contractors; in addition, 21 of the 226 contracting licenses revoked during that period were solar contractors. The hope is that the new law created by SB 303 will greatly reduce or eliminate both the number of solar contracting complaints and the need for revocation of solar contracting licenses.

Since 2016, complaints against illegitimate contractors have also resulted in 275 residential fund claims, awarding Nevada homeowners more than $3 million in damages and refunds. More than 60 percent of those claims (174) were filed against solar contractors, resulting in $767,000 claims awarded.

Simple steps to ensure reliable contracting While SB 303 provides additional consumer protections and public safeguards, there are several simple measures that consumers can take to best ensure they’re hiring qualified licensed contractors.

Nevadans should always consider taking the following steps as they search for a licensed contractor to hire: ► Always ask for the contractor’s license number; this information should be displayed on all bids and contracts and is different than a Nevada Business License. ► Verify the contractor’s license number on the NSCB website (www.nscb.nv.gov), mobile application (NSCB Mobile), or by calling the Board’s office (775-688-1141). ► Obtain several bids; having more than one bid will allow you to compare industry costs and make a more informed decision on who to hire.

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► Never pay with cash — always check or credit card. Ensure checks are only payable to the licensed company that provided the services, never an individual.

Increased information, fewer consumer complaints Having experienced the harm that can be caused to Nevada homeowners who are misled during the course of their solar projects, the NSCB looks forward to seeing the new law driven by Senator Brooks take effect on Oct. 1, 2021.

By standardizing contracting practices within the solar industry and providing greater consumer information, the NSCB believes the requirements of SB 303 will shed even more light on Nevada’s burgeoning solar contracting industry and ways to protect the public.

The NSCB encourages consumers to review the resources available on its website, which provide guidance on the new law, contractor requirements, and consumer rights, as well as tips for hiring properly licensed contractors. Should issues arise with work performed, project owners have four years from the date work was performed by a licensed Nevada contractor to file a complaint with the NSCB for investigation and possible remedy of validated issues.

Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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COMMERCE AND LABOR 03-42-10

Virginia

Occupational Therapy Licensure Compact SB 1189 (2021 1st Special Ses.)

Summary: Authorizes Virginia to become a signatory to the Occupational Therapy Interjurisdictional Licensure Compact. The Compact permits eligible licensed occupational therapists and occupational therapy assistants to practice in Compact member states, provided that they are licensed in at least one member state. The bill has a delayed effective date of January 1, 2022 and directs the Board of Medicine to adopt emergency regulations to implement the provisions of the bill. The Compact takes effect when it is enacted by a tenth member state.

Status: Enacted on March 18, 2021.

Comments: From Submitter The Occupational Therapy Licensure Compact is an interstate agreement to allow licensed occupational therapists and OT assistants based in a compact member state to practice in any compact member state by virtue of their home state license.

The OT Compact allows for continuity of care when patients or practitioners travel or relocate, and is particularly beneficial for military-spouse OTs and OTAs, who face unique licensure challenges due to the frequency with which military families relocate (on average, once every two to three years).

While facilitating interstate practice, the OT Compact also protects the public by creating an interstate database to which all member states are required to contribute certain information on licensees. The data system ensures that all member states are notified of any adverse actions against practitioners using the compact, and it allows for rapid verification of a licensee's eligibility to practice in a new state (a licensee can get approved for interstate practice in a matter of minutes or hours, rather than weeks or months).

From https://www.aota.org/ (March 22, 2021).

Virginia Governor Ralph Northam signed Occupational Therapy Licensure Compact legislation into law on March 18. Senate Bill 1189, introduced by Senator Ghaza Hashmi, authorizes Virginia to join the Occupational Therapy Licensure Compact (OT Compact). The OT Compact takes effect when it is enacted by 10 states.

The OT Compact is a joint initiative of the American Occupational Therapy Association (AOTA) and the National Board for Certification in Occupational Therapy (NBCOT®) with technical assistance from the Council of State Governments. AOTA is collaborating 48

with state occupational therapy associations to get OT Compact legislation introduced and passed across the states with support from NBCOT and CSG. The OT Compact is a legal agreement or contract between state governments. In this case, the occupational therapy compact will provide licensed occupational therapists and occupational therapy assistants with the opportunity to practice in the states that join the compact without having to secure a new license in each of these states.

The Virginia Occupational Therapy Association (VOTA) led the charge in Virginia.

According to Erin Clemens, VOTA President, “passage of this compact has been supported by occupational therapy practitioners across the state ever since it was a possibility for us to pursue legislation. We are very grateful to Senator Hashmi for being our bill patron and providing the steadfast leadership it needed to pass. As a military spouse, this compact bill will assist not only other military spouses who are occupational therapists, but will help the continuity of care for so many clients across the lifespan.”

In addition to the enacted legislation in Virginia, OT Compact bills are pending in 13 additional states (GA, IL, IA, ME, MD, MO, NE, NH, NC, OH, SC, TX, and UT). OT Compact legislation is expected to be introduced in Delaware, Pennsylvania, and Wisconsin later this year.

For more information about the OT Compact, please visit https://otcompact.org/.

Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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COMMERCE AND LABOR 03-42-11

New York

Relates to the dangers to the safety and health of the public caused by the sale, manufacturing, importing and marketing of firearms S7196

Summary: This law allows victims of gun violence and impacted communities to hold the gun industry accountable for irresponsible practices that have created dangerous conditions in parts of New York. Since 2005, a federal law called the Protection of Lawful Commerce in Arms Act (“PLCAA”) has shielded bad actor gun manufacturers and dealers from most lawsuits, creating a culture of impunity within the industry.

However, this bill relies on an exception to PLCAA to allow lawsuits to go forward against irresponsible or negligent gun manufacturers and dealers who put our communities in danger.

Status: Enacted on July 6, 2021.

Comments: From Submitter

a)

b)

c)

Current Issue of Significance: Every day, more than 100 Americans are shot and killed and over 230 more are wounded, disproportionately impacting Black and brown communities. Gun violence results in severe economic consequences for states, with an estimated cost of $280.1 billion per year.

Benefit to Bill Drafters: Each state must tailor a bill of this nature to ensure that it achieves its goals and withstands constitutional challenges. Many lessons can be gleaned from the approach taken in New York. This approach allows states and other stakeholders to hold bad actors in the firearm industry accountable, without infringing upon the rights of responsible sellers and manufacturers, or those who wish to legally purchase firearms.

Clear and Innovative Approach: This bill is the first of its kind. It should serve as a road map for other states to stem the flow of gun trafficking and ensure that industry acts responsibly to prevent gun violence. The approach works within the legal framework established by the PLCAA, and adds a new tool to the toolbox of those who wish to hold the gun industry accountable and stop gun violence.

From The Daily News (April 7, 2021) A New Weapon in the war on gun violence A shooting in Boulder that left 10 dead. A murderous rampage targeting Asian-American women in Atlanta. And a 39-year-old shot dead on a Flatbush street on an otherwise beautiful Sunday evening. All this carnage happened in a single week.

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Mass shooting events tend to galvanize the public consciousness, but the violence in urban communities like the ones we represent is far more commonplace. In many cities across New York and around the nation, shootings represent an endemic, daily threat, especially for people of color.

Throughout the state, gun violence is on the rise. In Brooklyn, shooting incidents more than doubled in 2020 compared to the previous year, and 2021 is off to an even worse start, according to NYPD data. Shootings in Buffalo were up 90% last year, and of the 355 people shot in Buffalo last year, nearly 88% were Black. Albany, Syracuse, Rochester and Yonkers all experienced double- or triple- digit increases in gun violence last year.

At their best, policymakers tend to address urban gun violence by directing additional resources and opportunities toward young people in these communities. Less creatively but more commonly, the solution is simply an increased police presence that often does not serve to reduce the threat of bodily harm to Black and Brown people.

Neither of these address the most obvious source of bloodshed in our streets: The ease with which dangerous weapons are purchased legally in states with lax gun laws, and illegally trafficked up I-95 to cities in the northeast. This route is commonly known as the “Iron Pipeline.” Statewide, 74% of crime-involved guns were purchased legally in other states. In Buffalo, 55% of likely-trafficked guns came from just three states: Ohio, Pennsylvania and Georgia.

Nearly all American products are subject to civil liability if they are irresponsibly manufactured, marketed or sold — except for firearms. That’s because of the near-total immunity enjoyed by the gun industry, thanks to the federal Protection of Lawful Commerce in Arms Act (PLCAA), passed by Congress in 2005. So, while the gun industry actively resists efforts to make their products safer and less likely to fall into the wrong hands, they are essentially shielded from any accountability thanks to this law.

But that law has an exception for state statutes, and we have introduced legislation to meet this moment. PLCAA allows for actions against gun manufacturers or dealers who knowingly violate an existing state law. Our state laws already protect us from dangerous or harmful products that could reasonably be expected to cause injury or death, but do not specifically protect against the harm caused by firearm violence. In nearby Connecticut, families of the Sandy Hook victims have brought suit against Remington Arms in a trial expected to begin in September. It is time that New York enforce its ability to regulate businesses that consistently shirk responsibility for their merchandise.

Our bill would make civil damages accessible to people in New York State who are impacted by the devastating effects of gun violence, providing a small measure of comfort or relief from the trauma and harm inflicted by shootings. It would also create a strong incentive for the gun industry to get serious about how its products are sold, trafficked and used in the real world, and identify ways — such as technology that

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restricts a gun’s operation to a specific person, or in a specific location— to make it harder for these guns to be resold multiple times on the illegal market.

Since introducing this legislation, we’ve heard from constituents and advocates including former Rep. Gabby Giffords, New Yorkers Against Gun Violence and Everytown for Gun Safety who strongly support this effort to take on the industry responsible for so much suffering, injury and death. We have also heard from those who believe our bill would be an unlawful infringement of the Second Amendment.

Don’t be fooled: This bill does nothing to impact any individual’s right to own a firearm.

Instead, our legislation is directed at the large, multinational corporations that knowingly sell dangerous, harmful products while disclaiming any responsibility for how they are used. Our bill holds these manufacturers and dealers to the same standards we use for companies that manufacture light bulbs, car tires and likely the very device you’re using to read these words.

In an historic first, this year’s state budget recognizes this public health crisis by committing a dedicated funding stream to community-based violence intervention groups. We must now take the next step by using our existing state laws to, finally, hold corporate actors accountable for the harm their products cause. The health of our communities depends on it.

Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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COMMERCE AND LABOR 03-42-12

Georgia

Counseling Compact HB 395 (2021)

Summary: A BILL to be entitled an Act to amend Chapter 10A of Title 43 of the Official Code of Georgia Annotated, relating to professional counselors, social workers, and marriage and family therapists, so as to revise certain licensing provisions; to enter into an interstate compact known as the "Professional Counselors Licensure Compact"; to authorize the Georgia Composite Board of Professional Counselors, Social Workers, and Marriage and Family Therapists to administer the compact in this state; to authorize the board to conduct national background checks; to provide for conditions; to provide for eligibility; to provide for related matters; to provide for a short title; to repeal conflicting laws; and for other purposes.

Status: Enacted on May 10, 2021.

Comments: From Submitter: The Counseling Compact is an interstate compact providing for interstate practice for licensed professional counselors. Through the Compact, counselors based in a compact member state will be able to obtain authorization to practice in other member states in a matter of minutes or hours, as opposed to weeks or months for a license by endorsement.

The Counseling Compact provides for continuity of care when patients or clients relocate, and contains strong measures for public protection, including providing for creation of an interstate licensure data system allowing member states to share information with one another such as licensure decisions, investigative information, and disciplinary sanctions against practitioners.

The Compact is especially beneficial to frequently mobile military spouses, who often face significant licensure barriers.

The Compact will go into effect upon enactment by the 10th state. At that time, the Counseling Compact Commission will convene to begin making initial rules and bylaws and to set up the interstate licensure data system.

The Counseling Compact is similar in form and function to existing compacts for nurses, physical therapists, EMS personnel, psychologists, and audiologists/SLPs.

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From Counseling.org/ (May 11, 2021).

The American Counseling Association and licensed professional counselors nationwide are celebrating the signing of Georgia House Bill 395 in support of the Counseling Compact, which will authorize counselors to practice across state lines once enacted.

Georgia just became the first of 10 states needed to enact the Counseling Compact, an interstate compact allowing professional counselors licensed and residing in a compact member state to practice in other compact member states without the need for multiple licenses. Governor Brian Kemp signed Georgia H.B. 395 into law, reaching a major milestone for the initiative.

Funded by the American Counseling Association and led by the National Center for Interstate Compacts, the compact was finalized in December 2020 and has already been passed by the legislatures in Georgia and Maryland. Once 10 states have enacted the legislation, the compact will go into effect, enabling professional counselors who meet uniform licensure requirements to quickly obtain a privilege to practice, which is equivalent to a license to practice counseling in another state.

Compacts provide a pathway for counselors to move seamlessly from one state to another through an agreement among states to recognize another state’s license.

Currently, counselors have difficulty transferring their licenses from one state/jurisdiction to another because of the independent nature of jurisdictional licensing rules and regulations. There is little consistency regarding the requirements for licensure and these varying requirements make it difficult to transfer one’s license.

“This is a huge milestone for the professional counseling community and ACA”, explains ACA President Sue Pressman. “Georgia is helping light our way to greater access to mental health services through interstate collaboration with the signing of this bill. This day resonates in much the same way that Virginia becoming the first state to approve counselor licensure back in 1976 did.”

Currently, compact bills are pending in Nebraska, Tennessee and North Carolina as well and approximately 15 other states have expressed interest in the compact and are preparing to introduce the bill during the 2022 legislative session.

Staff Note:

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Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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COMMERCE AND LABOR 03-42-13

Tennessee

Records of transactions involving unattached catalytic converters SB1612/HB1155

Summary: A new consumer protection law through the Tennessee Department of Commerce & insurance’s (TDCI) Division of Regulatory Boards will put the brakes on the rising theft and resale of catalytic converters across Tennessee.

Status: Enacted on July 1, 2021.

Comments: From Submitter: This legislation was a cooperative effort between the metal recycling industry and law enforcement to help combat the problem of catalytic converter theft.

From Tennessee Department of Commerce and Insurance (June 8, 2021).

New Tennessee Registration Law Aimed at Deterring Theft, Resale of Catalytic Converters A new consumer protection law through the Tennessee Department of Commerce & insurance’s (TDCI) Division of Regulatory Boards will put the brakes on the rising theft and resale of catalytic converters across Tennessee.

Catalytic converters are exhaust emission devices used to reduce the toxic gases and pollutants created by vehicles’ internal combustion engines. These innocuous-looking devices contain precious metals that have drawn increased interest from thieves who aim to make a quick buck by stealing them from Tennesseans’ vehicles and then reselling them for ill-gotten profits. A growing problem for consumers and law enforcement officials alike, thefts of converters climbed to 1,203 a month in 2020 compared to 282 a month in 2019, according to the National Insurance Crime Bureau.

To combat the rising numbers of catalytic converter thefts, TDCI’s Scrap Metal Registration Program announces the following new consumer law that takes effect July 1, 2021: • Any person engaged in the business of buying and/or selling scrap metal including

unattached catalytic converters as a single item and not as part of a scrapped motor vehicle shall give written notification to the chief of police and sheriff of each city and county in which the activity occurs.

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• Any person purchasing a used, detached catalytic converter must be registered as a

scrap metal dealer pursuant to § 62-9-102. Registering with TDCI’s Scrap Metal Registration Program means providing either a state or federally issued photo identification card with an address and a thumbprint, submitting an application, paying the appropriate fee and meeting all requirements under the law.

• A scrap metal dealer shall not purchase or otherwise acquire a used, detached catalytic converter, or any nonferrous metal part of such converter unless: 1. The used, detached catalytic converter is purchased at the fixed site of the scrap metal dealer in an in-person transaction; or 2. The scrap metal dealer must maintain a fixed site; obtains, verifies and all identification and documentation required by § 62-9-103 and § 62- 9-104; and obtains and maintains a copy of the seller's license or a copy of the documentation and vehicle registration.

“This new law was created with the input of scrap metal professionals in order to create greater protections for hardworking consumers and business owners,” said TDCI Assistant Commissioner Alex Martin. “This law will ensure that unattached catalytic converters being sold to dealers originated from salvaged or wrecked vehicles and not stolen from vehicles.

This new oversight will reduce the inconvenience and expense for consumers who have to spend hundreds of dollars to repair their vehicle. I thank Governor Bill Lee, Commissioner Carter Lawrence and the General Assembly for their leadership in helping protect consumers and prevent illegal activity."

Violations of this new law can result in a Class A misdemeanor. Additionally, the seller of a detached, stolen catalytic converter is liable to the victim for the repair and replacement of the converter.

Tennessee Scrap Recyclers Association President Ross Litz said: “Due to the critical issue of converter theft rising at such an unprecedented rate over the past year, we knew that stricter laws were needed to protect the citizens of Tennessee. Working with the State of Tennessee and law enforcement, we were able to pass the best catalytic converter law in the country.”

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( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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COMMERCE AND LABOR 03-42-14

Nebraska

An Act relating to the Employment Security Law LB 260

Summary: Allows individuals to collect unemployment benefits if they voluntarily leave employment to care for a family member with a serious health condition.

Status: Enacted on May 26, 2021.

Comments:

Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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COMMERCE AND LABOR 03-42-15

California

Cannabis: Financial Institutions AB 1525

Summary: This bill provides that an entity, as defined, that receives deposits, extends credit, conducts fund transfers, transports cash or financial instruments, or provides other financial services, including public accounting, as provided, does not commit a crime under any California law solely by virtue of the fact that the person receiving the benefit of any of those services engages in commercial cannabis activity as a licensee. The bill would authorize a person licensed to engage in commercial cannabis activity to request, in writing, that a state or local licensing authority, state or local agency, or joint powers authority share the person’s application, license, and other regulatory and financial information, as specified, with a financial institution of the person’s designation and would require the request to include a waiver authorizing the transfer of that information and waiving any confidentiality or privilege that applies to that information. The bill would further authorize a state or local licensing authority, state or local agency, or joint powers authority upon receipt of a written request and waiver as described above, to share regulatory and financial information with the designated financial institution for the purpose of facilitating the provision of financial services for the requesting licensee until such time that the state or local licensing authority, state or local agency, or joint powers authority receives a withdrawal of the waiver.

Status: Enacted on September 29, 2020.

Comments: From Submittor: This legislation facilitates the ability of financial institutions (FIs) to comply with reporting requirements to federal regulating agencies when providing service to the cannabis industry, in states where it is legal. The Financial Crimes Enforcement Network (FinCEN) issued guidelines that financial institutions can serve cannabis if they comply with due diligence reporting obligations related to suspicious activity. Filing suspicious activity reports (SARs) require FIs to ensure a business does not violate state law or any federal priority. The track-and-trace information will verify lawful transactions and help expedite SARs filings. This legislation will allow sharing of track-and-trace data and therefore help FIs ensure compliance and safety when banking cannabis.

Similar provisions have been enacted in OR and WA that permit FIs to provide financial services to legal cannabis-related institutions. Furthermore, the SAFE Banking Act of 2021, H.R. 1996, passed in the U.S. House of Representatives on April 19, 2021. The SAFE Banking Act provides a safe harbor for FIs accepting deposits from, extending

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credit, or providing payment services to an individual or business engaged in legal cannabis-related commerce.

From JDSupra (March 24, 2021) A Step Away from the Cash Carrying Days for Cannabis Business As of February 1, 2021, licensed cannabis businesses in California gained another avenue, albeit narrow, to secure financial services.

Safe Harbor for Financial Services Prior to AB 1525, California banks and other financial institutions faced penalties for transacting with cannabis businesses. On September 29, 2020, Governor Newsom of California signed into law AB 1525 (now California Business and Profession Codes § 26260), creating a safe harbor for financial institutions, armored car services, and accountants (Financial Businesses), which provide financial services to cannabis businesses that are legal under state law.

On February 1, 2021, California’s Office of Administrative Law approved emergency regulations on information sharing with financial institutions, consistent across the Bureau of Cannabis Control, the California Department of Food and Agriculture, and the California Department of Public Health. Now Financial Businesses can provide their services to licensed cannabis businesses without penalty under California law.

Cannabis businesses and financial institutions may request that state or local licensing authorities share the cannabis businesses’ license and other pertinent financial information, to facilitate the provision of financial services. The licensee authorization for release of information form and financial institution request form is used by all three state cannabis licensing authorities to streamline information sharing.

Cash Carrying Fears In a predominantly cash industry, cannabis entities face a high risk of burglary, theft, and fraud. There are myriad stories in this regard, from break-ins at distribution centers to robberies at dispensaries. For instance, in Oakland, on this past election night, multiple cannabis businesses were the target of a caravan of armed robbers in Oakland, due to the perfect storm created by the intense national election and the cash nature of the cannabis businesses. With the advent of legal cannabis banking, the perception of cannabis businesses being cash-heavy will hopefully shift and a reduction in crime will follow.

What Now? Even after the enactment of AB 1525, relatively few banks and credit unions are open to cannabis clients in California. California financial institutions’ hesitance is mirrored 61

nationwide, with only 515 banks and 169 credit unions known to provide banking services to cannabis-related businesses.

However, with this information-sharing framework, cannabis businesses should have an easier path in seeking and retaining financial services. The safe harbor in AB 1525 brings transparency and stability to the cannabis industry just when the industry is catching its stride. As a result, California cannabis businesses have a new capacity to grow their businesses and solidify their place in the (legal) state economy.

Broader legalization efforts at the national level are gaining traction, too. Cannabis reform seems more likely than ever, both with respect to national cannabis legalization via the recently introduced MORE Act, and the Safe and Fair Enforcement (SAFE) Banking Act, reintroduced in the House of Representatives on March 18, 2021. The SAFE Banking Act would provide a federal safe harbor for national financial institutions and insurance companies. Senators Merkley and Daines are planning to introduce similar legislation in the Senate. Per Rep. Perlmutter, a co sponsor of the SAFE Banking Act, as of January 2021, the legal cannabis industry supports 321,000 jobs across the country, fueling the momentum for the passage of the Act. Takeaways Through the enactment of AB 1525, California removed a major roadblock to safe, legal banking options available to cannabis-related businesses. Federal law is poised to follow, but until there is clear black letter law at the national level authorizing cannabis banking, which seems unlikely so long as cannabis remains a scheduled substance, national financial institutions will likely remain on the sidelines.

Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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COMMERCE AND LABOR 03-42-16

Kansas

Appropriations for FY 2021, FY 2022, and FY 2023, for various state agencies SB 159

Summary: SB 159 includes a budget proviso requiring the Kansas Department of Labor to furnish a report, upon request, to any claimant who filed an unemployment benefits claim on or after March 1, 2020, when such claim incurred a delay of 30 days or more in the payment of a benefit to a claimant who properly filed the claim and was entitled to receive the benefit.

Status: Enacted on June 1, 2021.

Comments: From Submitter: Every state had difficulties processing the surge of pandemic related unemployment claims. The OIG issue a report (5/28/21) documenting financial hardships that resulted from delayed benefits payments: inability to pay bills, increased debt, high interest borrowing , depleted savings, food insecurity and homelessness. See page 7: https://www.oig.dol.gov/public/reports/oa/2021/19-21-004-03-315.pdf. Clearly, credit scores were negatively impacted, as well.

These reports can be used to request an "AW" code to be applied to negative credit information reported while claimants waited for benefits to pay out. The leading credit modelers, FICO and Vantage Score, this coded information as neutral so credit scores can be improved. See slide 4: https://cdia-events.s3.amazonaws.com/teleseminarswebinars/handouts/Credit+Reporting+for+Consumer's+Affected+by+Natural+or+Declar ed+Disasters.pdf.

As our economy rebounds and labor markets tighten, this bill helps people participate in both. Increased credit scores will help them secure transportation, housing and food, allowing them to seek work. See: https://drive.google.com/file/d/1ic8pWI6qvNDayURUY2tiK1U8fNQaU94r/view?usp=shar ing.

From KMBC News (June 8, 2021) https://www.kmbc.com/article/kansas-labor-department-to-start-generating-reports-thatcould-help-with-credit-scores/36664583 Kansas Labor Department to start generating reports that could help some with credit scores 63

If you are one of the thousands of people who have struggled to receive payments from the Kansas Department of Labor during the pandemic, next month the agency will be required to give you a copy of your claims information you can show your creditors.

Say you've struggled to pay rent or you're late on a payment. The report will show your creditors or any other third party any delays in payment by the Kansas labor department. Timelines on those reports could provide key information for creditors on how long someone has gone with or without income.

The reports from the labor department are not available just yet. A form to receive a report will go live on KDOL’s website July 1, according to a department spokeswoman.

There is also no guarantee that report can help your credit score. Kansas State Rep. Mari-Lynn Poskin (D-Leawood) said she is hopeful workers can use the reports for good.

Poskin helped push through a plan in the last days of the legislature to make sure workers in Kansas who filed for unemployment after March 1, 2020, have access to claims information from the labor department so they can show landlords or creditors.

She gets daily emails from people needing help with the Kansas unemployment system.

"I just kept racking my brain, and trying to think, 'What is a common thread here?'" she said. 'What can we do to actually help people?' Throughout the emails what I understood is that their credit scores were just being decimated. And that just leads to all kinds of problems that they are not going to be able to participate in the recovery."

Cassandra Dickerson said she is thankful KDOL is required to make the reports available. She struggled for weeks to get paid by KDOL and leads a Facebook group dedicated to helping people access information on how to get help from the labor department.

"It's my understanding this is not supposed to take a long time," Dickerson said. "This process is supposed to move pretty quickly."

While waiting for those reports to become available, you can start checking your credit scores with the top three credit reporting agencies.

Due to the pandemic, those reports are available weekly. You can find out how to access your free weekly credit reports here.

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Aside from the Kansas Labor Department report, Poskin said people can open disputes with credit bureaus to request special "AW" codes on their credit reports. Poskin said the special code applied to each credit line on your report could help recalculate credit scores due to the pandemic.

You can find slides from a webinar on how to access the process here.

Staff Note:

Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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COMMERCE AND LABOR 03-42-17

Arizona

Urban Air Mobility Study Committee HB2485

Summary: Establishes the Urban Air Mobility Study Committee (Study Committee). Current statute requires the Aeronautics Division to encourage and advance the safe and orderly development of aviation in Arizona. The Aeronautics Division is required to cooperate with all state, local and federal organizations. The Aeronautics Division is required to: 1) assemble and distribute information to the public relating to aviation, landing fields, navigational aids and other matters pertaining to aviation, among other requirements; 2) accept, in the name of Arizona, federal monies made available for the advancement of aviation; 3) represent Arizona on issues of routing structures and rate schedules concerning commercial airline traffic; and 4) facilitate the development of a regional airport and other outlined requirements (A.R.S. § 28-8242). There is no anticipated fiscal impact to the state General Fund associated with this legislation.

Provisions 1. Requires the Study Committee do the following: a) review current laws in Arizona that could impact the urban air mobility industry and discuss necessary revisions; b) identify potential laws in Arizona that will create jurisdictional consistency for urban air mobility operations throughout Arizona; c) foster public acceptance and awareness by creating an outreach campaign to educate the general public and lawmakers about urban air mobility technology and its benefits; d) collaborate with local governments to identify the best ways to integrate urban air mobility into transportation plans; and e) submit a report, by July 1, 2022, regarding the Study Committee's activities and recommendations for administrative or legislative action to the Governor, the President of the Senate and the Speaker of the House of Representatives and provide a copy of this report to the Secretary of State.

Status: Enacted on April 9, 2021.

Comments: From Submittor Urban Air Mobility (UAM) envisions a safe and efficient aviation transportation system that will use highly automated aircraft that will operate and transport passengers or cargo at lower altitudes within urban and suburban areas. UAM vehicles will use green renewable energy (electric vertical takeoff and landing aircrafts) to leverage under66

utilized aerial transportation routes to reduce congestion, improve equity of access, promote green energy, boost job growth and economic development, and increase connectivity. The UAM industry has significant potential to transform our communities, and could substantially improve the overall quality of life for many people. However, these benefits can only be realized by developing forward-thinking policies and regulations alongside state and local lawmakers and local community stakeholders. AZ HB 2485 is an encouraging step forward because it takes a proactive approach to embracing this transformative technology while addressing the need for input from various local and industry stakeholders. Several UAM stakeholders have a goal of commercialization between 2024-2028, making the need to begin developing smart state policies and regulations to enable the industry critical.

From https://www.greencarcongress.com/ (April 23, 2021) The Arizona legislature passed, and Governor Doug Ducey has signed, Arizona H.B. 2485, which establishes an Urban air mobility study committee. This is the first urban air mobility (UAM) state legislation, according to Hyundai Motor Group’s Urban Air Mobility Division.

The UAM study committee will: •

Review current AZ laws that could impact the UAM industry;

•

Identify potential AZ laws that will create jurisdictional consistency for UAM operations;

•

Create an outreach campaign to educate the general public and lawmakers about UAM technology and its benefits;

•

Collaborate with local governments to integrate UAM into transportation plans; and

•

Submit a report regarding the committee's activities and recommendations to the Governor.

Staff Note:

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Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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COMMERCE AND LABOR 03-42-18

Nevada

Revises provisions relating to cannabis.

AB 341

Summary: Existing law provides for the licensure and regulation of persons and establishments in the cannabis industry in this State by the Cannabis Compliance Board. (Title 56 of NRS) Under existing law, a cannabis establishment is prohibited from allowing a person to consume cannabis on the property or premises of the establishment. (NRS 678B.510) Existing law also makes it a misdemeanor to consume cannabis or a cannabis product in a public place, in an adult-use cannabis retail store or in a vehicle. (NRS 678D.310) This bill provides for the licensure and regulation by the Board of certain businesses at which the consumption of certain cannabis and cannabis products is allowed.

Status: Enacted.

Comments: From https://www.sierranevadaally.org/ (May 14, 2021) The bill sets up a regulatory framework for cannabis consumption lounges. While other states have done so, the unique part of this bill is in the definition of a social equity applicant and a focus on diversifying the industry (Sections 9-12) and the ability for the Cannabis Compliance Board to reduce fees for social equity applicants by up to 75% (section 17).

Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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COVID-19 04-42-01

Illinois Demographic Data-Covid-19 SB 2133

Summary: Amends the Data Governance and Organization to Support Equity and Racial Justice Act to include, in addition to race and ethnicity, the demographic categories of age, sex, disability status, sexual orientation, and gender identity to the categories of data that must be reported. Amends the Illinois Hospital Act and the Hospital Licensing Act to require a hospital to report to the Department of Public Health certain demographic data for individuals who have the symptoms of or a potential exposure to COVID-19 and are released from and not admitted to the hospital and individuals who were tested for COVID-19, who were admitted into the hospital for COVID-19 or have received a vaccination for COVID-19.

Status: Enacted.

Comments: From Submitter: This bill allows for better data on protected categories so that state governments can understand the extent of health inequities that might exist.

Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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COVID-19 04-42-02

Nevada Automatic COVID-19 Eviction Sealing AB 141

Summary: Existing law establishes a supplemental remedy through an action for summary eviction when the tenant of any dwelling, apartment, mobile home or recreational vehicle with periodic rent due by the month or a shorter period defaults in the payment of rent. (NRS 40.253) Existing law requires a court to automatically seal records relating to such actions for summary eviction: (1) upon an order of the court dismissing the action for summary eviction; (2) ten judicial days after the court issues an order denying the action for summary eviction; or (3) thirty-one days after the tenant files an affidavit relating to the action for summary eviction, if the landlord fails to file a timely affidavit of complaint relating to the action for summary eviction. Existing law also authorizes the court under certain circumstances to seal records relating to such actions for summary eviction which are not automatically sealed by the court. (NRS 40.2545) In addition to the existing procedures for the sealing of records relating to such actions for summary eviction, section 2 of this bill requires a court to automatically seal any records relating to any action for summary eviction that is granted during the COVID-19 emergency. Section 3 of this bill provides that the amendatory provisions of section 2 apply to any action for summary eviction filed before, on or after the effective date of this bill.

Status: Enacted.

Comments: From Submitter: The bill as introduced also included provisions related to removal of a tenant without cause, but that was amended out before passage. Even with the moratorium extensions this is likely to be an issue with rippling effects that states may be interested in addressing even after the pandemic is over.

Staff Note:

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Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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EDUCATION 05-42-01

Washington Providing for equity and access in the community and technical colleges.

SB 5194

Summary: Diversity, Equity, and Inclusion Strategic Plan. Beginning in 2022, all CTCs must submit to the SBCTC strategic plans for achieving diversity, equity, and inclusion on their campuses. The plans must be publicly posted and define key terms including diversity, equity, inclusion, and culturally appropriate. The process must include stakeholders from diverse groups. The SBCTC must develop a model faculty diversity program to aid in recruitment and retention of faculty from diverse backgrounds. Guided Pathways.

Subject to appropriations, at a minimum, Guided Pathways implementation must include: • comprehensive mapping of educational pathways; • dedicated advising and career counseling; • data analytics to measure student learning and program outcomes; and student success support infrastructure with a focus on closing equity gaps among historically underserved populations.

Each college must define and conspicuously post definitions for key terms in guided pathways program documents and reports. The Washington State Institute for Public Policy must complete a study of guided pathways with a preliminary report due in 2023 and a final report due in 2029.

Status: Enacted.

Comments: Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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EDUCATION 05-42-02

Virginia Students; guidelines on excused student absences, civic engagement.

HB 1940

Summary: Provides that, subject to guidelines established by the Department of Education, each school board (i) shall permit one school day-long excused absence per school year for any middle school or high school student in the local school division who is absent from school to engage in a civic event and (ii) may permit additional excused absences for such students who are absent for such purposes. The bill also provides that local school boards may require that the student provide advance notice of the intended absence and require that the student provide documentation of participation in a civic event.

Status: Enacted.

Comments: From Submitter: Virginia is the first state to enact this policy statewide. Delaware has passed similar legislation (DE HB 175).

Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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EDUCATION 05-42-03

Illinois School Code - Media Literacy HB 0234

Summary: Beginning with the 2022-2023 school year, requires every public high school to include in its curriculum a unit of instruction on media literacy. Provides that the State Board of Education shall determine how to prepare and make available instructional resources and professional learning opportunities for educators that may be used for the development of the unit of instruction.

Status: Enacted.

Comments: From Submitter: Illinois is the first state to issue this requirement.

Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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EDUCATION

05-42-04

Arkansas

An Act to support Arkansas Public Schools and Public School Districts in the Implementation of a Community School Approach.

SB 291

Summary: Directs state agencies to support the implementation of Community Schools with wraparound services for students and families.

Status: Enacted.

Comments:

Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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EDUCATION

05-42-05

Colorado

An Act concerning expansion of the opportunities to administer medical marijuana at school to a student with a valid medical marijuana recommendation.

SB 21-056

Summary: School districts must create systems to reasonably accommodate students who have been prescribed medical marijuana.

Status: Enacted.

Comments: Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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EDUCATION

05-42-06

Washington

Concerning professional learning, equity, cultural competency, and dismantling institutional racism in the public school system.

SB 5044

Summary: Cultural Competency, Diversity, Equity, and Inclusion Standards. WSSDA must develop cultural competency, diversity, equity, and inclusion (CCDEI) standards for school director governance and post it on its website at no cost. PESB must develop or update CCDEI standards of practice for preparation, continuing education, and other training of school district staff and post it on its website. WSSDA and PESB must collaborate to compare and align CCDEI standards. EOGOAC must, and the Office of Equity may, review the CCDEI standards. References to cultural competency standards are updated to refer to the CCDEI standards for educator preparation and certification programs; paraeducator preparation and certificate programs; and the professional development program to support implementation of the Teacher Principal Evaluation System.

Status: Enacted.

Comments: Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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EDUCATION

05-42-07

Rhode Island

The Civic Literacy Act HB 5028 SubA

Summary: Requires the implementation of the Civic Literacy Act for all Rhode Island students between the 8th and 12th grades. Proficiency in civics is a graduation requirement.

Status: Enacted.

Comments: From The Boston Globe (July 19, 2021).

Civics proficiency will now be a requirement for all Rhode Island public high school students.

The new law, which was introduced earlier this year by state Senator Hanna M. Gallo, a Cranston Democrat, with mirroring legislation sponsored by state Representative Brian C. Newberry, a North Smithfield Republican, ensures that all students understand the “principles of democracy, how their government works, and the rights and duties of actively engaged citizenship.”

Governor Dan McKee signed the legislation into law Friday.

“Solid civics education in public schools is absolutely critical to having an informed public,” said Gallo on Monday. She is the vice chairwoman of the Senate Education Committee and serves on the Joint Commission on Civics Education. “Students are the next generation of voters. They need and deserve to graduate with a healthy knowledge of how they can create the changes they want to see in their community, their state and their country.”

In 2005, Gallo also sponsored a law that led to the development of a statewide civics curriculum and standards for grades K through 12. Sixteen years later, this new law will require that all high school students attending a Rhode Island public high school demonstrate proficiency in Civics, starting with the graduating class of 2023.

However, this new law does not necessarily require that students take a separate civics course or civics exam. Instead, individual school districts will determine how their

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students can “demonstrate proficiency” because according to lawmakers, many “aspects of civics” are already incorporated into other subjects’ curricula.

The new law also requires that students complete at least one student-led civics project in either middle or high school. The project could be individual, group, or class-wide and is designed to show the student’s ability to reason, make logical arguments using evidence, and understand the connections between federal, state, and local policies.

The decline of American’s civics knowledge has been a debate for the last several years, and according to a 2016 survey by the Annenberg Public Policy Center, one in every four Americans are able to name the three branches of government.

A paper published in 2018 by the Brown Center on Education at the Brookings Institute found that while reading and math test scores have improved in recent years, there has not been an increase in eighth grade civics knowledge, and only 11 states have written standards for service learning, which the report said is required for an “effective civic education experience.” Rhode Island was not one of them.

“A thorough grounding in civics should be a cornerstone of every education consisting of two parts,” said Newberry in a statement Monday. “First it should contain a deep understanding of the foundation of our nation’s government systems and structures, with neither their imperfections whitewashed nor their subtlety, genius and keen reflections of the limitations and foibles of human nature downplayed or diminished.

Second, it should contain practical instruction in how government at all levels works, the interplay between those levels, the limitations on power and constructive ways in which to effect change in public policy.”

The passing of this legislation came after 14 current and former students of Rhode Island public schools sued former governor and now U.S. Commerce Secretary Gina Raimondo and the state in 2018, claiming that their school failed to provide them an adequate civics education.

Their case, Cook v. Raimondo, was dismissed by Rhode Island District Court Judge William Smith in October 2020, but Smith said in his decision, “This case does not represent a wild-eyed effort to expand the reach of substantive due process, but rather a cry for help from a generation of young people who are destined to inherit a country which we — the generation currently in charge — are not stewarding well.”

Smith went on to say that Rhode Island should “pay attention to their plea,” and that the students, and their families, “should be commended for bringing this case.”

“It highlights a deep flaw in our national education priorities and policies. The Court cannot provide the remedy Plaintiffs seek, but in denying that relief, the Court adds its voice to Plaintiffs’ in calling attention to their plea. Hopefully, others who have the power to address this need will respond appropriately,” wrote Smith.

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This new civics proficiency law also comes after the General Assembly passed a bill introduced by Rep. Anastasia P. Williams, a Providence Democrat, that would require public school students to be taught Black history.

The bill was designed to ensure that students are educated in African heritage and history so they understand the role Rhode Island played in the American slave trade, and the contributions African Americans made to society.

“As we have witnessed over the past year, the connections that hold our society together are fragile, but these connections can become strong through respect, compassion, and most importantly, truth,” Williams said at the time.

Staff Note:

Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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EDUCATION 05-42-08

South Carolina Student Identification Card Suicide Prevention Act S 231

Summary: Requires public schools serving 7th through 12th grade and public and private institutions of higher learning to provide the phone number of the National Suicide Prevention Lifeline and an additional crisis resource of their choosing on school-issued student identification cards.

Status: Enacted.

Comments:

Staff Note:

Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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EDUCATION

05-42-09

Tennessee

Tennessee Work Ready Opportunity Program Act SB 1135

Summary: This bill requires the Department of Education to provide every high school student a career readiness assessement that leads to a nationally recognized career readiness credential.

Status: Enacted.

Comments: From Submitter: This bill provides a solution to the issue several states are navigating relative to the skills gap between employers and the emerging and existing workforce. By requiring a state agency (the Department of Education in Tennessee) to provide students with an opportunity to assess their ability to apply the foundational skills required to enter a career, the bill provides the opportunity for educators and students to enhance skills that need remediation. States will benefit in the long and short term because of their ability to attract employers who are seeking to relocate into an area with a qualified workforce.

Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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ENVIRONMENT

06-42-01

Colorado

Climate Action Plan to Reduce Pollution Concerning the reduction of greenhouse gas pollution, and, in connection therewith, establishing statewide greenhouse gas pollution reduction goals and making an appropriation.

HB 19-1261

Summary: Air pollution - statewide greenhouse gas pollution abatement - air quality control commission - rules - appropriation. Section 1 of the act states that Colorado shall have statewide goals to reduce 2025 greenhouse gas emissions by at least 26%, 2030 greenhouse gas emissions by at least 50%, and 2050 greenhouse gas emissions by at least 90% of the levels of statewide greenhouse gas emissions that existed in 2005.

Section 3 specifies considerations that the air quality control commission is to take into account in implementing policies and promulgating rules to reduce greenhouse gas pollution, including the benefits of compliance and the equitable distribution of those benefits, the costs of compliance, opportunities to incentivize clean energy in transitioning communities, and the potential to enhance the resilience of Colorado's communities and natural resources to climate impacts.

The commission will consult with the public utilities commission with regard to rules that affect the providers of retail electricity in Colorado. The commission shall not mandate an electric public utility to reduce its emissions by 2030 more than is required by a clean energy plan filed with the public utilities commission if the plan demonstrates an 80% reduction from 2005 statewide green gas emission levels by 2030. A clean energy plan voluntarily filed by a cooperative electric association that has exempted itself from the public utilities commission's jurisdiction or a municipally owned utility with the public utilities commission is deemed approved if the plan demonstrates an 80% reduction by 2030. $281,588 is appropriated from the general fund to the department of public health and environment to implement the act, of which $93,267 is reappropriated to the department of law.

Status: Enacted.

Comments: Staff Note: 84

Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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ENVIRONMENT

06-42-02

New York

An act to amend the environmental conservation law, the public service law, the public authorities law, the labor law and the community risk and resiliency act, in relation to establishing the New York state climate leadership and community protection act.

S6599

Summary: Enacts the New York state climate leadership and community protection act; relates to climate change; renewable energy program; labor and job standards and worker protection.

Status: Enacted.

Comments: From Submitter: I believe the intersectional approach of this climate bill sets it apart from others that may seem similar in other states. It provides ground-up support for climate in sectors beyond energy and land conservation that makes in innovative at the state level.

Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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ENVIRONMENT

06-42-03

Washington

Concerning the management of certain materials to support recycling and Waste and Litter Reduction.

SB 5022

Summary: Managing solid waste through prohibitions on expanded polystyrene, providing for food service-ware upon customer request, and addressing plastic packaging.

Status: Enacted.

Comments:

Staff Note:

Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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ENVIRONMENT 06-42-04

Pennsylvania

Advanced Recycling Legislation HB 1808

Summary: HB 1808 amends the Solid Waste Management Act to include “gasification”, “gasification facility”, “pyrolysis facility”, “recoverable feedstocks”, and “post-use polymers” within the Act’s definitions. The bill adds further definition to “municipal waste”, “processing”, “residual waste”, and “treatment”. Through these newly added definitions recyclers utilizing pyrolysis and gasification technologies will be enabled to sell and market their post-use plastics as raw materials for manufacturing as opposed to waste.

HB 1808 acknowledges the Environmental Protection Agency’s non-waste determination under 40 CFR 241.3(c) which recognizes recycled waste as a product rather than a solid waste when the product is akin to commercial products, is needed, and is readily utilized by the market. Adding these modern definitions removes barriers that misclassify the products of the recycling industry, allow for simpler permitting, and enables innovation and investment in Commonwealth recycling efforts.

“Gasification” and “pyrolysis” are incorporated as “advanced recycling”, and “gasification facility” along with “pyrolysis facility” is replaced with “advanced recycling facility” within the proposed Solid Waste Management Act’s definitions.

The definitions of “processing” and “treatment” are further amended to require mixed waste to enter a material recycling facility prior to entering an “advanced recycling facility” Status: Enacted.

Comments: From the Pennsylvania Business Report (November 30, 2020) Advanced Plastics Recycling gets Boost as Governor Signs HB 1808 into Law A bill that could bring new jobs to Pennsylvania by changing the classification of advanced plastics recycling facilities in the state to “manufacturing” was among the pieces of legislation that Gov. Tom Wolf approved as the Thanksgiving holiday began.

Wolf signed a number of bills on Nov. 25, including House Bill 1808, which supporters say will smooth the path toward a new surge in recycling that will generate new jobs and also tackle the growth of plastic waste in the state, but make a potential dent in climate change as well.

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“This measure offers an innovative way to manage hard-to-recycle plastics, which will not only reduce waste but also support an emerging recycling industry,” Wolf said in a release.

The bill, supporters said, will make Pennsylvania a more attractive location for companies to deploy an advanced heat-based recycling process. The process, known as pyrolysis, uses heat to break down types of plastics that currently are not handled by conventional facilities that are limited to so-called No. 1 and 2 plastics, generally milk jugs and various beverage bottled. An advanced facility takes in Nos. 3-7 plastics, such as bags and packaging materials. The heated plastics are broken down into compounds such as resins and waxes that can be used to create new plastics and even transportation fuels.

The American Chemistry Council estimated that running 25 percent of the recoverable plastic in Pennsylvania would support as many as 10 advanced recycling plants with a value of $314 million in new economic output every year.

“Recycling and recovery technologies represent an emerging market and provide the ability to remove plastics from the waste stream by converting them into valuable feedstock for new materials,” said bill sponsor Rep. Ryan Mackenzie (R-Lehigh/Berks).

“Treating post-use plastics as raw materials for manufacturing instead of waste will remove the barriers of misclassifying this emerging industry and promote continued innovation and investment. The current law does not clearly classify these new technologies as manufacturing and this new law will provide regulatory certainty as the post-use plastics and recycling industry grows.

Under HB 1808, the plastics involved will not be classified as solid waste and the process is not technically incineration since it takes place within a closed system and there is no oxygen involved in the process nor any emissions. And by being labeled a manufacturing plant instead of a recycling plant, investors will not have to clear regulatory hurdles associated with waste incinerators. The plants, however, will still have to comply with applicable regulations set down by the Environmental Protection Agency and the state Department of Environmental Protection.

“These technologies extend the product life cycle and are providing a free-market solution to help address a global and domestic challenge of waste management,” said Abby Foster, president of the Pennsylvania Chemical Industry Council (PCIC).

“Pennsylvania is fortunate to have a strong and growing petrochemical and plastics market, and potentially now an advanced recycling market.”

Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: 89

( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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ENVIRONMENT 06-42-05

Arkansas

Electronic Waste Collection, Recycling & Reuse Act SB 585

Summary: An Act to create an electronic waste recycling program; to establish a collection recovery plan; to provide for the sustainability of the program through public participation and public and private agreements; to provide for the management and accountability of the program through contract administration; and for other purposes.

Status: Enacted.

Comments: From wasterecylcing.org: Arkansas Bill Looks to Create E-waste Recycling Program, Collective Recovery Plan In Arkansas, Senate Bill 585 introduced by Sen. David Wallas (R-22) looks to create an “Electronic Waste Recycling Program and a Collective Recovery Plan.” Other key elements of the program include the following: • Require effective and efficient criteria for the collection, transport, recycling, reuse or disposal of consumer electronic items, thus capturing this part of the waste stream and diverting the consumer electronic items from the state’s landfills.

•

Sustain the electronic waste (e-waste) recycling program by encouraging public participation and by requiring participation by certain state-supported entities.

•

Instill confidence in the operation of the electronic waste recycling program through proper management and accountability, including without limitation public contract administration and reporting to designated state regulators.

This bill was introduced on March 22 and passed the Senate Public Health, Welfare, and Labor Committee with an unanimous vote on April 1. It’s now referred to the House Public Health, Welfare, and Labor Committee.

Additionally, in Arkansas, Senate Bill 517 was introduced by Sen. Bob Ballinger (R-5) on March 10. This relates to the transfer of oversight of certain duties of the regional solid waste districts from the Division of Environmental Quality to the Arkansas Pollution Control and Ecology Commission. Ballinger also introduced Senate Bill 518 to amend the Solid Waste Management and Recycling Fund Act and to transfer administration of certain funds and duties from the Division of Environmental Quality to 91

the Department of Finance and Administration. Both Senate Bill 517 and 518 were referred to the Public Health, Welfare, and Labor Committee.

Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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GOVERNMENT 07-42-01

Colorado

Concerning the Expansion of the Allowable Uses of the Housing Development Grant Fund SB 21-242

Summary: The act allows the division of housing within the department of local affairs to use the housing development grant fund for rental assistance, tenancy support service programs, and awarding grants and loans for the rental, acquisition, or renovation of underutilized hotels, underutilized motels, and other underutilized properties to provide non-congregate sheltering or affordable housing for people experiencing homelessness.

The act expands those who are eligible to benefit from the rental assistance and tenancy support programs to include individuals experiencing homelessness. The act transfers $30 million from the affordable housing and home ownership cash fund to the housing development grant fund for the funding of rental assistance and tenancy support programs related to the rental, acquisition, or renovation of underutilized hotels, underutilized motels, and other underutilized properties, and the awarding of grants and loans for the rental, acquisition, or renovation of underutilized hotels, underutilized motels, and other underutilized properties.

The act also transfers $15 million from the general fund to the affordable housing and home ownership cash fund. Additionally, the act requires the department of local affairs, during its annual report to the assigned committee of reference, to report on the rental and tenancy support service programs provided by the division of housing related to the rental, acquisition, or renovation of underutilized hotels, underutilized motels, and other underutilized properties and the grants and loans awarded by the division for the rental, acquisition, or renovation of underutilized hotels, underutilized motels, and other underutilized properties.

Finally, the act further expands the permissible use of the housing development grant fund to allow the awarding of grants to nonprofit organizations for the issuance of direct assistance to individuals who are currently experiencing financial need and are not eligible for certain other types of assistance. The act transfers $15 million from the general fund to the housing development grant fund for this purpose and requires the state treasurer to transfer all unexpended and unencumbered money that is transferred to the fund for this purpose to the general fund on June 30, 2022.

Status: Enacted.

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Comments: Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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GOVERNMENT 07-42-02

Colorado

Remove Lawful Presence Verification Credentialing SB21-077

Summary: The act eliminates the requirement that the department of education and each division, board, or agency of the department of regulatory agencies verify the lawful presence of each applicant before issuing or renewing a license. The act also specifies that lawful presence is not required of any applicant for any state or local license, certificate, or registration. The act is a state law within the meaning of the federal law that gives states authority to provide for eligibility for state and local public benefits to persons who are unlawfully residing in the United States.

Status: Enacted.

Comments: Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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GOVERNMENT 07-42-03

California

Apprenticeship: developmentally disabled persons.

AB 1019

Summary: Existing law establishes the Interagency Advisory Committee on Apprenticeship (committee) within the Division of Apprenticeship Standards within the Department of Industrial Relations, and requires that committee to provide advice and guidance to the Administrator of Apprenticeship and the Chief of the Division of Apprenticeship Standards on apprenticeship programs, standards, and agreements, as well as pre apprenticeship, certification, and on-the-job training and retraining programs, in nonbuilding trades industries. Existing law requires the membership of the committee to be composed of specified ex officio members of various departments and 6 persons appointed by the Secretary of Labor and Workforce Development who are familiar with specified apprentice-able occupations that meet specified requirements. Existing law authorizes the committee to create subcommittees as needed to address specific industry sectors or projects. This bill would add to the ex officio members of the committee the Director of Rehabilitation and the executive director of the State Council on Developmental Disabilities. The bill would require the committee to create a subcommittee to address apprenticeship for the disabled community. Existing law states that it is the intent of the Legislature that the department will encourage greater participation for women and ethnic minorities in apprenticeship and pre apprenticeship programs. This bill would add that it is the intent of the Legislature that the department will encourage greater participation for the disabled in apprenticeship and pre apprenticeship programs.

Status: Enacted.

Comments: Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject 96

GOVERNMENT 07-42-04

Washington

Revising the international application of the uniform child custody jurisdiction and enforcement act to protect families from facing the death penalty in certain foreign jurisdictions on the basis of religious beliefs, political beliefs, or sexual orientation.

HB 1042

Summary: The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) establishes procedures to determine when one state has jurisdiction to enter or modify a child custody order and when it must recognize another state's order. The UCCJEA gives exclusive and continuing jurisdiction over child custody to the courts of the child's home state, defined for the most part as the state where the child has lived with a parent for six consecutive months prior to the commencement of the proceeding. It also provides a uniform procedure to register and enforce child custody orders across state lines. The UCCJEA provides a court with temporary emergency jurisdiction, even if another state has issued a custody order, if a child is present in the state and needs protection due to abuse or abandonment. Under the UCCJEA, courts must recognize and enforce the custody decrees from a foreign country as if it were a state, provided that the foreign jurisdiction is in substantial conformity with the jurisdictional standards set out by the UCCJEA, and the child custody laws of the country do not violate fundamental principles of human rights.

Washington courts are permitted to refrain from applying the UCCJEA standards in international custody matters if the foreign country holds that apostasy, a sincerely held religious belief or practice, or homosexuality are punishable by death, and a parent or child may be at demonstrable risk of being subject to such laws. Apostasy is defined as "the abandonment or renunciation of a religious or political belief." Provisions apply to child custody proceedings or proceedings to enforce a custody determination pending or commenced after the effective date of the act.

Status: Enacted.

Comments: From Submitter.

A constituent brought this bill to me, which protects families from facing the death penalty in certain foreign jurisdictions where they could be in danger due to their political beliefs, religious beliefs, or sexual orientation. This bill helped protect and save her and 97

her daughter's life. They successfully used it in their court case and the court order in their favor specifically cited this bill.

From Insider (May 2, 2021) How an American Woman Lost a Bitter Custody Battle with her Saudi ex and fled the kingdom to save her daughter On March 7, 2019, Bethany Vierra pulled up outside a coffee shop in downtown Riyadh, Saudi Arabia, feeling apprehensive and scared.

That morning, the American PhD candidate had received a call from a man identifying himself as a high-ranking Saudi government official, saying it was essential that they meet.

"Send me everything you have on WhatsApp right now," the man instructed down the phone, she recounted to Insider in a recent interview. "We're going to drop a pin and you're going to come there."

Two days before, a story had appeared in The New York Times about a 31-year-old woman in Saudi Arabia — Vierra — whose American family was accusing her exhusband, a Saudi businessman, of using his power as her residency sponsor to trap her in the country while she sued for full custody of their young daughter, Zaina.

Vierra's ex-husband, Ghassan al-Haidari, had refused to renew her residency card — effectively making it illegal for her to be in the country and unable to travel abroad.

Every non-Saudi living in the country, no matter the gender, needs a sponsor to ensure their continued residency.

Within hours of that call, Vierra was departing the coffee shop with a brand new Saudi residency ID card.

"A guy was just ... there, and we exchanged [paperwork]. He gave me the ID. It was creepy," Vierra said.

The Times story appeared to jolt the Saudi government into action, propelling the custody case from a domestic dispute to a political liability involving an American.

Vierra's divorce and custody proceedings were well documented at the time, but now that she is safely out of Saudi Arabia she feels freer to speak of her ordeal.

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An escape plan Vierra moved to Saudi Arabia in 2011 to teach at a women's university, and unexpectedly fell in love with al-Haidari. They married in Portugal in 2013, but divorced in January 2019 following what they both described as domestic unhappiness.

Around four months after the Times story was published, Vierra lost the custody battle, and the stream of news coverage slowed to a drip. But her problems didn't.

Vierra appealed the ruling but the Saudi judge ignored her claim, she told Insider. At this point, the US Embassy in Riyadh intervened and Vierra and al-Haidari, supervised by the judge and US officials, met behind closed doors to sign a joint custody agreement.

Vierra said she had to sign it, as it was her only chance to be there for Zaina.

"That was essentially a life sentence for me. With no power, completely at his mercy, unable to ever leave, I had no option there," she said. "The system failed and I had to expose my daughter to that really bad, toxic environment."

But in private, Vierra hatched a plan. In the weeks that followed, she worked to patch things up with al-Haidari in the hopes that he would grant her and Zaina permission to visit her family in Wenatchee, Washington, in time for Christmas. She started sleeping with him again, she said.

She hoped to win back his trust, which worked: Al-Haidari softened, and granted Zaina and Vierra permission as her sponsor to visit the US. On December 15, the mother and daughter landed in Seattle and never returned — an outright violation of the joint custody agreement.

A US court is preventing Zaina from being returned to Saudi Arabia Some 16 months later, Vierra is still in the US and close to ensuring her daughter may never be forced to return to Saudi Arabia — a move that's come in the form of a bold court ruling and a new Washington state law introduced to protect her.

Arriving home in December 2019, Vierra sued for custody of Zaina, now 6, in a Chelan County court, which ruled in her favor on February 8 this year.

The court said it could not return Zaina to Saudi Arabia, as the kingdom often fails to ensure basic human rights in court.

"A legal system that is set up to not only fail to protect but to deny basic human rights ... is not a legal system whose child custody laws this State can honor," Judge Kristen Ferrera wrote in a ruling seen by Insider.

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The judgment is significant in that it breaks with a US pledge to return children to their country of origin, as part of the Hague Abduction Convention.

"Normally the US respects court orders, especially when it comes to child custody in foreign countries," Vierra said. "The judgment is incredibly brave, but it's incredibly vulnerable on appeal."

As the case elapsed, Vierra was also lobbying her representatives to introduce unique legislation that would shield her in the courts.

Those efforts paid off, too. On April 14, the state of Washington passed HB 1042, requiring courts involved in foreign custody disputes to consider that country's human-rights record before making a decision. The law specifically considers whether that country punishes people for their religion, politics, or sexual orientation with the death penalty — which Saudi Arabia often does.

"This new law will save lives," State Rep. My-Linh Thai, one of the bill's sponsors, told Insider. "I am pleased that Ms. Bethany Vierra and her daughter Zaina are not put in danger of losing their lives while fighting a custody case."

Meanwhile, al-Haidari is appealing Ferrera's ruling, but Vierra believes his legal argument contains weaknesses that won't stand up to HB 1042. "It completely changes everything," Vierra said of the new state law.

Al-Haidari and his lawyer declined Insider's requests for comment. The Embassy of Saudi Arabia in Washington, DC, did not respond to requests for comment.

'We must avoid exposing Zaina to these traditions' After the New York Times story was published, other Western news outlets reported on Vierra's plight, framing her experience as a cautionary tale about the Saudi guardianship system.

Every woman in Saudi Arabia has a male legal guardian who can control parts of their lives, which can include how they access money and who they marry. Al-Haidari was not Vierra's guardian, but her sponsor, as she was not a Saudi citizen.

Saudi guardianship constraints have eased remarkably since late 2019, but Vierra's custody battle came at a time when the kingdom's reputation was taking a hammering.

Months before, the CIA had concluded that the Saudi crown prince, Mohammed bin Salman, had ordered the murder of the journalist Jamal Khashoggi. The kingdom had also been criticized for clamping down on freedom of expression, and denying basic rights to women and minorities.

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Throughout the case, Vierra accused the Saudi courts of discrimination, saying she was being unfairly treated because she was a woman and a non-Muslim. Vierra said the judge disregarded video evidence that showed her husband being verbally abusive to her and evidence that he took drugs in front of Zaina.

In the custody ruling, the judge said Vierra was unfit to parent because she was a westerner. "The mother is new to Islam and a foreigner in this country and embraces customs and traditions in the way she was raised," the judge wrote, according to The New York Times. "We must avoid exposing [Zaina] to these traditions."

Vierra also said she was subject to "creepy threats."

In one instance, days after receiving her new Saudi residency ID card, Vierra was at her yoga studio when a Saudi man arrived at the door. Vierra recognized him immediately, she said, from parties hosted by Western government officials in the diplomatic quarter.

"We helped you with your ID, so now you're going to delete what you're writing online, from your PhD, your human-rights stuff, you need to delete that," the man said, according to Vierra.

It had been a secret — albeit poorly kept — among her expat friends that Vierra had written about human rights in Saudi Arabia for publications like The Daily Beast and AlMonitor under a pen name — Bayan Perazzo — and that her PhD focused heavily on human rights. But "he had no way to know what had happened," she told Insider.

In March 2019, the pro-government newspaper Arab News also fabricated a quote from her, she said, recalling feeling rattled but unable to speak out.

The newspaper cited her as saying: "I'm not trying to politicize my divorce; this is not a guardian issue" in response to her high-profile custody issue, as well as: "I am here to stay in Saudi Arabia." Vierra told Insider she said no such things. Arab News did not respond to Insider's request for comment.

Vierra said that during the custody trial, she also had to be careful of what she said to avoid the wrath of Saudi Arabia's courts and army of Twitter bots, which have been reported to be sanctioned by the Saudi state.

Vierra says she was hounded by those accounts, and remains so to this day. Last month, Hussain al-Gawi, one of Saudi Arabia's most popular journalists, accused Vierra of being a US spy.

The US Embassy is 'frequently involved' in Saudi-American marriages Vierra's case provides a glimpse into how the State Department reacts when Americans run into legal trouble in Saudi Arabia.

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"It happens all the time with these [Saudi-American] marriages," David Rundell, a former chief of mission at the US Embassy in Riyadh, told Insider. "The embassy is frequently involved in these cases."

Vierra told Insider that several US Embassy staff accompanied her to hearings as a show of solidarity, and Rundell said this is not unusual, and not unique to US embassies and consulates around the world.

"We go to the court and we make it clear that the US is supporting its citizen, and we'd appreciate if this lady was allowed to leave," he said. "It's usually not a problem of the mother leaving, it's usually a problem of the child."

But while the US Embassy supported her in some ways, it fell short in others, Vierra said. She said her ex-husband was abusive and that she asked the embassy to protect her daughter in May 2019.

"I went to the US Embassy with my daughter ... and requested protection from the State Department. We were there for 12 hours, and at the end it was rejected," she said.

Throughout the custody case, the embassy also repeatedly told her that its hands were tied until due legal process was completed in the Saudi courts.

Only when Vierra claimed that her appeal to the custody ruling was being ignored did US officials broach the subject with Saudi counterparts, she said.

"The embassy wishes to express its serious concern about the implications of the court's reasoning in this case, which appears to be prejudicial to the rights of American citizens," the embassy wrote to the Saudi Foreign Ministry on July 18, 2019, according to a copy of the letter reviewed by Insider.

A State Department spokeswoman told Insider: "We take seriously our responsibility to assist US citizens abroad, and to provide all appropriate consular services."

"The welfare and safety of US citizens abroad is one of the highest priorities of the Department of State," the spokeswoman said, adding that she could not discuss the particulars of Vierra's particular case due to privacy concerns.

An end in sight Vierra, now 33, appears to be safe to keep Zaina in the US. She now lives in Cashmere, a city in Washington, and works as an advocate for Americans trapped in Saudi Arabia under circumstances like her own.

Al-Haidari is appealing Judge Ferrera's ruling, but Vierra believes he won't succeed in Washington state thanks to HB 1024, the state law passed in April to protect her.

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"That bill that is like an end-all. He can appeal, he can do whatever he wants but with that law in Washington state, he's going to lose," she said.

"We're really talking about time and money," she said. "The headache will be ongoing, but I'm here, and she's here, and I really think, sometimes I forget to just pause and take that in."

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GOVERNMENT

07-42-05

Utah

Gubernatorial Transfer of Power SB 62

Summary: This bill addresses the transition process between governors, including cabinet appointments, access to information and records, funding for incoming administration, and preparation of the Governor's budget.

Status: Enacted.

Comments: From Submitter This past year as we went through the transition between Governor Herbert and Governor Cox, we realized that we were reliant upon a number of gentlemen's agreements to ensure there was not a disruption between administrations. This bill seeks to codify the process by which administrations transfer authorities. The bill is specific to NEW governors and not incumbent governors who win reelection. As we looked nationwide, there were very few states that had statutory guidelines around how administrations transitioned.

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GOVERNMENT

07-42-06

California

Parks, outdoor environmental education, grant program AB 209

Summary: This bill would require the Director of Parks and Recreation to establish the Outdoor Equity Grants Program to increase the ability of underserved and at-risk populations to participate in outdoor environmental educational experiences at state parks and other public lands where outdoor environmental education programs take place. The bill would require the director to, among other things, give priority for funding to outdoor environmental education programs that primarily provide outreach to and serve pupils who are eligible for free or reduced-price meals, foster youth, or pupils of limited English proficiency, as provided. The bill would authorize the director to accept private funds to support the grant program. The bill would establish the California Outdoor Equity Account in the State Parks and Recreation Fund and would require any private funds donated for the grant program and any funds appropriated by the Legislature for purposes of the grant program to be deposited into that account.

Status: Enacted.

Comments:

Staff Note:

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GOVERNMENT

07-42-07

Maryland

Student and Military Voter Empowerment Act HB156

Summary: Requires the State Board to establish a process for an individual to electronically submit an FPCA when using the form to simultaneously register to vote and apply for an absentee ballot. Allows for covered voters to use a common access card to sign an FPCA. Terminology: Common Access Card.

Status: Enacted.

Comments: From Submitter: Currently, only two states (MT, NV) allow for the use of CAC to electronically sign an FPCA. This is the only bill that has been passed within the last two years on this topic.

Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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HEALTH 08-42-01

West Virginia Regulation of Pharmacy Benefit Managers HB 2263

Summary: A bill to amend and reenact §5-16-9 of the Code of West Virginia, 1931, as amended; to amend and reenact §33-51-3, §33-51-8, and §33-51-9 of said code; and to amend said code by adding thereto a new section, designated §33-51-11, all relating generally to the regulation of pharmacy benefit managers; expanding certain definitions; regulating the reimbursements of pharmacy benefit managers; providing certain effective dates; defining certain methodologies utilized by pharmacy benefit managers; protecting consumer choice for pharmacies; setting guidelines for pharmacy benefit plans; and requiring rebates to be passed on to the consumer.

Status: Enacted.

Comments: From WDVM (September 8, 2021) HB 2263 helps lower prescription drug costs in West Virginia WEST VIRGINIA (WDVM) — West Virginia signed legislation into law to crack down on pharmacy benefit managers.

Approximately 1 in 4 Americans cannot afford their prescription medications.

Governor Jim Justice signed House Bill 2263, earlier this year, making it first-of-its-kind legislation that will save West Virginians who have commercial health insurance money.

The legislation requires insurers and their PBMs to share the savings they negotiate on medicines directly with patients.

“The new law in West Virginia is nothing short of revolutionary. It’s the first state in the country, that ensures you share that money with patients,” said Antonio Ciaccia, president of 3 Axis Advisors.

This bipartisan solution was passed unanimously in West Virginia and may serve as a roadmap for other states looking to help lower costs for patients.

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Staff Note:

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HEALTH 08-42-02

Maryland Tobacco Tax, Sales and Use Tax, and Digital Advertising Gross Revenues Tax HB 732

Summary: Increasing certain tax rates on cigarettes and other tobacco products; imposing a sales and use tax rate of 12% on electronic smoking devices; requiring the Governor to include at least $18,250,00 in the annual budget for fiscal year 2022 and each fiscal year thereafter for certain smoking cessation activities; requiring the Comptroller to distribute certain revenue attributable to certain taxes to The Blueprint for Maryland's Future Fund; imposing a tax on certain revenues from certain digital advertising services in the State.

Status: Enacted.

Comments:

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HEALTH 08-42-03

Oregon Relating to mental health; and declaring an emergency.

HB 2949

Summary: This bill requires the Oregon Health Authority to expand funding, develop programs, and provide incentives to improve access to culturally responsive behavioral health services by underserved communities, including tribal members and people of color. It also requires the Authority to provide funding to community mental health programs and private practitioners to ensure access to mental health care by communities disproportionately challenged by COVID-19.

Status: Enacted August 21st, 2021 Comments: From KGW (March 1st, 2021) Lawmakers push for more inclusivity in Oregon mental health workforce PORTLAND, Ore. — Dr. Anjabeen Ashraf has worked as a mental health professional for more than a decade. One thing has become abundantly clear.

“Our professionals are predominantly white,” she said.

Dr. Ashraf says only 10% of the mental health workforce in Oregon is BIPOC. Making matters even worse, the pandemic has disproportionately impacted the BIPOC community. Dr. Ashraf argues there is no better time than now for Black, Indigenous and People of Color to be able to connect with a BIPOC mental health counselor.

“Going to someone as a client, as a BIPOC client, going to a professional who’s also in a shared identity can have a sense of safety and trust," Dr. Ashraf said.

Dr. Ashraf reached out to state lawmakers and her pleas for help did not fall on deaf ears.

“It’s worth it to fight for the mental health of BIPOC Oregonians,” said Rep. Janelle Bynum.

Rep. Bynum is one of the chief sponsors of Oregon House Bill 2949. It aims to bring more BIPOC mental health professionals into the workforce through pipeline development and scholarships, among other things.

“We are addressing supervision costs,” she said. “We’re addressing people who have been formerly incarcerated and allowing them to engage in programs so they can become licensed. We’re addressing the cost of getting your licensure in the first place, not just supervision costs, but with student loan forgiveness, things like that.”

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As the bill moves through the Legislature, Rep. Bynum expects licensing boards to be a major obstacle. She said they are staffed by people not of color. Rep. Bynum remains confident though.

“Do I think we’ll have a bill that passes this session? Absolutely,” she said. “Do I think I’ll get everything? Probably not but it’s worth it to me.”

And to Dr. Ashraf who says the mental health of the community as a whole is at stake.

“Our communities are only as healthy as all of us are,” Dr. Ashraf said. “If our BIPOC community members who have been disproportionately impacted historically, but also in light of the COVID-19 pandemic, aren’t well then our communities can’t be well.”

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HEALTH 08-42-04

Nevada An act relating to mental health; requiring certain mental health professionals to complete continuing education concerning cultural competency and diversity, equity and inclusion.

AB 327

Summary: This bill requires certain mental health professionals to complete continuing education relating to cultural competency and diversity, equity, and inclusion.

Status: Enacted on May 28th, 2021 Comments: Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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HEALTH 08-42-05

Utah Telehealth Parity Amendments HB 313

Summary: This bill requires certain health benefit plans to provide coverage parity for telehealth and telemedicine services.

Status: Enacted on March 24th, 2020 Comments: From Submitter: Allows any doctor to utilize telemedicine.

Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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HEALTH

Vermont

08-42-06

An act relating to addressing disparities and promoting equity in the health care system H 210

Summary: This act establishes the Health Equity Commission to promote health equity and eradicate health disparities among Vermonters, including particularly those who are Black, Indigenous, Persons of Color; individuals who are LGBTQ; and individuals with disabilities.

Status: Enacted on May 16, 2021 Comments: From News 10 (February 11, 2021) Vermont bill would establish ‘Office of Health Equity’ MONTPELIER, Vt. (WFFF) — On Wednesday, the Vermont House Committee on Healthcare heard initial testimony on H.210, a bill that seeks to address inequities in healthcare.

Rep. Brian Cina (P-Chittenden) said he’s worked closely with the Vermont Racial Justice Alliance on the legislation, which would establish an office of health equity and a health equity advisory commission. The bill also proposes issuing grants for the promotion of health equity and requiring more data collection to better understand health disparities in Vermont.

“For hundreds of years, many of us have had to learn to take care of ourselves and each other when the system failed us,” Rep. Cina said at Wednesday’s committee meeting. “In the context of this pandemic, we’ve taken a long, hard look at the inequities and disparities that exist and we ask ourselves ‘can we make the system better?”

The Office of Health Equity would operate within the Department of Health and advise the Vermont Health Commissioner, Governor and the Legislature on how to address the wide-ranging causes of health disparities including economic, physical and social environments.

The office would also serve to expand public health programs to better meet the needs of the BIPOC community, LGBTQ individuals and individuals with disabilities.

Mark Hughes of the Vermont Racial Justice Alliance told lawmakers that advocating for a more equitable healthcare system is at the core of the Alliance’s goals this session. He added that they’ll likely want to make additions or changes to H.210 as the process continues.

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“It’s a really broad-sweeping conversation when you talk about wellness, that means wholeness, that’s everything,” Hughes said. “I am confident that this is headed in the right direction. I think it’s imperative, this is an emergency, the house is on fire.”

H.210 includes statistics that outline how the pandemic has disproportionately impacted BIPOC communities in Vermont – “Nearly one in every five COVID-19 cases in Vermont are among non-White Vermonters even though non-White Vermonters make up approximately six percent of Vermont’s population.”

Christine Hughes has been leading the Vermont Racial Justice Alliance’s Wellness Working Group for the past six months, and said the group has put a lot of work into the current legislation. She challenged members of the Vermont House Committee on Healthcare to change the status quo, describing it as their “comfort zone.”

“You, as elected officials, have a history of being complicit through your inaction and poor stewardship over your power,” Hughes said. “This is an urgent and real need to change 400 year-old systems that are, by design, causing harm to a specific group of people right now.”

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HEALTH 08-42-07

Texas An Act relating to a parity complaint portal and educational materials and parity law training regarding benefits for mental health conditions and substance use disorders to be made available through the portal and otherwise; designating October as mental health condition and substance use disorder parity awareness month.

HB 2595

Summary: Creates a parity complaint portal with basic tracking and reporting features to ensure an enrollee’s complaint can be filed and followed up on; requires annual reporting of parity metrics. The new law also establishes October as mental health awareness month and requires the development and distribution of educational materials on the topic.

Status: Enacted on September 1, 2021 Comments: Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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HEALTH 08-42-08

Washington An Act Relating to the creation of the state office of Behavioral Health Consumer Advocacy; 2. amending RCW 71.24.045 and 71.24.380; Adding a new chapter to Title 71 RCW; creating a new section; 3.

Repealing RCW 71.24.350; and providing an effective date.

HB 1086

Summary: Creates a state office of behavioral health consumer advocacy to advocate for patients to promote their care and compliance with applicable state and federal laws. The new agency, to be created by January 2022, will promote access to services, establish a statewide uniform reporting system, set up a system to investigate complaints and inform patients about their rights. The agency will also train and certify consumer advocates.

Status: Enacted on July 25, 2021 Comments: Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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HEALTH 08-42-09

Louisiana Provides relative to coverage of certain physician-administered drugs and related services SB 191

Summary: The purpose and intent of this Part is to ensure patient access to physicianadministered drugs and related services furnished to persons covered under a health insurance contract. This Part shall ensure that health insurance issuers do not interfere with patients' freedom of choice with respect to providers furnishing physicianadministered drugs and ensure that patients receive safe and effective drug therapies.

Status: Enacted on June 1, 2021 Comments: From L’Observateur (June 4th, 2021) Sen. Cloud’s patient protection bill becomes law BATON ROUGE – Sen. Heather Cloud’s legislation assuring continuance of care for cancer patients and others who receive infusion drugs has become state law.

Gov. John Bel Edwards signed Senate Bill 191 into law June 1, completing Cloud’s personal effort to block insurance companies from imposing requirements that disrupt doctor-ordered care.

“I authored this legislation to protect patient choice and safety,” said Cloud, R-Turkey Creek. “As a cancer survivor, I know how important it is to ensure patients maintain their choice in deciding who is on their healthcare team and to ensure the highest safety standards.

“My legislation prevents insurance companies from forcing patients to choose lower quality sites of care for their infusions and ends the disturbing trend of forcing doctors to mail-order physician administered drugs,” she said. “We should never put profits over patients.”

Testifying in committee, Cloud said patients have enough turmoil in their lives and insurance companies should not complicate matters by requiring them to go to infusion centers not associated with their doctors and forcing them to use “dangerous mail-order drugs.”

“This law is the first of its kind to pass any state legislature,” she said. “I won’t stop fighting for Louisiana families.”

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HEALTH 08-42-10

Arkansas An Act To Exempt Health Savings Account-Qualified Health Insurance Policies from Certain Insurance Requirements; [To Clarify The Coverage Of Diagnostic Examination’s For Breast Cancer Under Certain Plans; And For Other Purposes].

SB 664

Summary: This bill would ensure that a health insurance plan that is a HSA-qualified plan is exempt from any state law that would cause the plan to be disqualified because the state law requires first-dollar benefits..

Status: Enacted on April 27th, 2021 Comments: From Submitter This legislation is offered to ensure that health-related legislation does not unintentionally disqualify a Health Savings Account (HSA) account owner from continuing to use their HSA. A Health Savings Account (“HSA”) is a trust or custodial account offered with a high-deductible health insurance plan that meets IRS requirements. An enrolled individual can deduct contributions from income taxes and use contributed funds tax-free for qualified medical expenses. But consumers cannot benefit from an HSA unless they are enrolled in an “HSA-qualified” plan. A plan will fail to qualify if a state law (however well intended) requires first-dollar benefits coverage unless the mandate is limited to “preventive care” services as defined by federal law.

This unintended consequence will prevent a consumer from continuing to make contributions to an HSA. The Arkansas law was enacted in response to several bills enacted earlier in the legislative session that were problematic including SB 290, SB 309 & HB 1569.

Staff Note:

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HEALTH 08-42-11

California An act to add Section 11756.5 to the Health and Safety Code, relating to substance abuse disorder treatment.

AB 541

Summary: AB 541 requires all substance use disorder programs in California to assess patients for tobacco use, inform them about how continued smoking could affect their recovery, and offer or refer them to treatment to quit smoking.

Status: Enacted on August 17th, 2021 Comments: From Legislative Counsel’s Digest: Existing law requires the State Department of Health Care Services to license and regulate facilities that provide residential nonmedical services to adults who are recovering from problems related to alcohol, drug, or alcohol and drug misuse or abuse, and who need alcohol, drug, or alcohol and drug recovery treatment or detoxification services. Existing law also requires the department to implement a voluntary certification procedure for alcohol and other drug treatment recovery services.

This bill would require a licensed facility or a certified program to assess a patient or client for use of all tobacco products at the time of the initial intake and take certain actions if the patient or client has tobacco use disorder.

Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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HEALTH 08-42-12

Illinois Physicians Dementia Training SB 677

Summary: Amends the Department of Professional Regulation Law of the Civil Administrative Code of Illinois. Provides that for license or registration renewals occurring on or after January 1, 2023, a health care professional who has continuing education requirements must complete at least a one-hour course in training on the diagnosis, treatment, and care of individuals with Alzheimer's disease and other dementias per renewal period.

Provides that the training shall include, but not be limited to, assessment and diagnosis, effective communication strategies, and management and care planning. Provides that the requirement shall only apply to health care professionals who provide health care services to adult populations age 26 or older in the practice of their profession. Provides that a health care professional may count that one hour for completion of the course toward meeting the minimum credit hours required for continuing education. Provides that any training on Alzheimer's disease and other dementias applied to meet any other State licensure requirement, professional accreditation or certification requirement, or health care institutional practice agreement may count toward the continuing education requirement. Provides that the Department of Financial and Professional Regulation may adopt rules for the implementation of the continuing education requirement.

Effective immediately.

Status: Enacted on August 16th, 2021 Comments: From WIFR (May 27th, 2021) Illinois legislature passes dementia training for healthcare providers Springfield, IL. (WIFR) - The Illinois legislature Wednesday night passed Senate Bill 677, a joint initiative of Lt. Governor Juliana Stratton and the Alzheimer’s Association Illinois Chapter, with the aim of all healthcare providers who serve adults having regular dementia training.

The Alzheimer’s Association Illinois Chapter says the training requirement will help people living with dementia receive the diagnosis they need to plan for the future, access vital resources, and participate in cutting-edge clinical trials.

“The fight to end Alzheimer’s is personal. I was honored to be the caregiver for my mother who lived with this disease and I understand the importance of recognizing the symptoms,” Lt. Governor Juliana Stratton said. “This bill ensures that healthcare professionals are educated on identifying the signs which can lead to a better diagnosis of Alzheimer’s and other related dementias. We are one step closer to Illinois becoming a dementia capable state.”

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Senate Bill 677 requires that licensed healthcare professionals who have direct patient interaction with adults age 26 and above dedicate one hour of their existing continuing education requirements to training on the diagnosis, treatment, and care of individuals with Alzheimer’s disease and other dementias. The curriculum will include content on how to identify and diagnose Alzheimer’s, effective communication strategies, and management and care planning, according to the Alzheimer’s Association Illinois Chapter.

The bill passed the Illinois Senate on a vote of 56-0-0 and the Illinois House on a vote of 111-0-1. It now heads to Gov. Pritzker’s desk for his signature.

“Senate Bill 677 seeks equity for Illinoisans living in our most vulnerable communities who may not have a primary care doctor but rely on services provided by other healthcare professionals,” Stratton said. “This bill equips all healthcare professionals, including those serving Black, Brown and rural communities, with the knowledge to provide better access to care for the individuals who show signs of the disease.”

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HEALTH 08-42-13

Nevada AN ACT relating to insurance; providing for the establishment of a public health benefit plan.

SB 420

Summary: Senate Bill 420 requires the director of the Department of Health and Human Services (DHHS), in consultation with the executive director of the Silver State Health Insurance Exchange and the commissioner of insurance of the Department of Business and Industry, to design, establish, and operate a public health benefit plan known as the Public Option.

Status: Enacted on June 9th, 2021 Comments: From The Las Vegas Sun (April 28th, 2021) Bill would create public health insurance option in Nevada CARSON CITY — With about a month left in the Legislative session, Nevada lawmakers are considering a bill that would establish a state public health insurance option.

Senate Bill 420, led by Senate Majority Leader Nicole Cannizzaro, D-Las Vegas, would make the so-called Nevada Option available through the state’s insurance marketplace and state-contracted health insurers. Under the bill, coverage would begin by 2025.

“I think if there’s one thing that the pandemic has absolutely illustrated, it is the need for more affordable health care and sensible health care for Nevadans here in the state,” Cannizzaro said.

“That has absolutely become even more readily apparent as people have lost their jobs; they’ve been kicked off their health insurance; they’ve been struggling to ensure that when and if they get sick during the pandemic, that they’ll be able to have access to health care,” she said.

The bill would require companies that bid to provide Medicaid services in Nevada also offer plans under the public option. Proponents see it as a way to leverage the state’s $2 billion in Medicaid contracts to expand affordable health care.

The bill’s goal is to reduce premiums statewide by 15% in the program’s first five years.

Under the bill, premiums for the public option would be 5% lower than any ZIP code’s reference premium and rate increases would be capped.

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Even with the federal Affordable Care Act, about 350,000 Nevadans remain without insurance. According to a memo by Senate Democrats, the state public option would be available to 67% of uninsured Nevadans.

In 2017, lawmakers passed a bill that would have created a Medicaid buy-in option, but then-Gov. Brian Sandoval vetoed it.

“Senate Bill 420 is the first step toward driving down the high cost of insurance and addressing Nevada’s persistently high uninsured rate, particularly in Black, brown and Native communities across Nevada. All Nevada families deserve the dignity of healthcare,” Laura Martin, executive director of the Progressive Leadership Alliance of Nevada, said in a statement.

Nevada’s Health Care Future, a group with links to large medical organizations, is opposing the measure.

The bill was referred to the Senate Committee on Health and Human Services after its introduction but has not been scheduled for a hearing.

Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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HEALTH 08-42-14

Utah Genetic Information Privacy Act SB 227

Summary: This bill defines terms; requires a direct-to-consumer genetic testing company to provide a consumer clear information regarding the company's collection, use and disclosure of genetic data; provide a consumer a publicly available privacy notice, obtain a consumer's consent for certain collection, use, or disclosure of the consumer's genetic data; protect a consumer's genetic data; allow a consumer to access and delete the consumer's genetic data, and upon request, destroy a consumer's biological sample; prohibits a direct-to-consumer genetic testing company from disclosing a consumer's genetic data to certain persons.

Status: Enacted on March 17, 2021 Comments: Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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HEALTH 08-42-15

Texas Relating to the availability of antipsychotic prescription drugs under the vendor drug program and Medicaid managed care HB 2822

Summary: HB 2822 prohibits Medicaid (both fee-for-service and managed care) from requiring a prior-authorization for antipsychotic medication that is covered on the Medicaid Vendor Drug Program Formulary for an adult if certain requirements have been met.

Status: Enacted on June 7th, 2021 Comments: From Bill Analysis There are concerns that prior authorization requirements under Medicaid managed care and the vendor drug program are burdensome to physicians and providers and may have the potential to prevent adult patients with serious mental illness from receiving essential medications. C.S.H.B. 2822 seeks to address these concerns and improve the availability of prescription antipsychotic drugs for those patients by preventing prior authorization from being used for such drugs under certain conditions and providing for the automation of clinical prior authorization for each drug in the antipsychotic drug class.

Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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HEALTH

Maine

08-42-16

An Act To Provide Greater Access to Treatment for Serious Mental Illness

by Prohibiting an Insurance Carrier from Requiring Prior Authorization or Step Therapy Protocol LD 1268

Summary: This bill prohibits an insurance carrier from requiring prior authorization or step therapy protocol for the prescription of medication to assess or treat an enrollee's serious mental illness.

Status: Enacted on June 23rd, 2021 Comments: Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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JUSTICE 09-42-01*

New York Relates to recording certain law enforcement activities S.3253-A/A.1360

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: Enacted.

Comments: Currently, only two states (MT, NV) allow for the use of CAC to electronically sign an FPCA. This is the only bill that has been passed within the last two years on this topic.

Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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JUSTICE 09-42-02

Pennsylvania Clean Slate Act HB 440

Summary: The process of expungement: - Pardons: The criminal records relating to a charge for which a person has received a pardon would be automatically expunged.

- Acquittals: The court would have to determine that an individual has been fully acquitted of all charges within the same criminal episode before expunging those charges from the person’s record.

The process of expunging the record of a charge for which the person was fully acquitted is as follows: - The court gives the individual and the state a notice that the person’s criminal record will be automatically expunged.

- The state has 60 days to object to the expungement – and that objection can be only that the person received a partial, not full, acquittal.

- The court holds a hearing to determine whether the expungement relates to a partial acquittal. (The hearing can be waived if both parties agree).

- The court orders an expungement (unless it finds that the charge was related to a partial acquittal).

- The record must be expunged within 12 months from the date of the acquittal.

Status: Enacted.

Comments: Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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JUSTICE 09-42-03

California Law enforcement: use of force AB 48

Summary: (1) Existing law authorizes a peace officer to use reasonable force to effect the arrest, to prevent escape, or to overcome resistance. Existing law requires law enforcement agencies to maintain a policy on the use of force, as specified. Existing law requires the Commission on Peace Officer Standards and Training to implement courses of instruction for the regular and periodic training of law enforcement officers in the use of force.

This bill would prohibit the use of kinetic energy projectiles or chemical agents by any law enforcement agency to disperse any assembly, protest, or demonstration, except in compliance with specified standards set by the bill, and would prohibit their use solely due to a violation of an imposed curfew, verbal threat, or noncompliance with a law enforcement directive. The bill would include in the standards for the use of kinetic energy projectiles and chemical agents to disperse gatherings the requirement that, among other things, those weapons only be used to defend against a threat to life or serious bodily injury to any individual, including a peace officer, or to bring an objectively dangerous and unlawful situation safely and effectively under control. The bill would define chemical agents to include, among other substances, chloroacetophenone tear gas or 2-chlorobenzalmalononitrile gas. The bill would make these provisions inapplicable within a county jail or state prison facility.

This bill would also require each law enforcement agency, within a specified timeframe, to post on their internet website a summary, as described, of any incident in which a kinetic energy projectile or chemical agent is deployed by that agency for the purpose of crowd control. The bill would require the Department of Justice to provide a compiled list of links to these reports on its internet website.

(2) Existing law requires each law enforcement agency to annually report specified use of force incidents to the Department of Justice and requires the Department of Justice to annually publish a summary of those incidents, as specified.

This bill would require these reports to be made monthly. By imposing new duties on law enforcement agencies, this bill would create a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

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This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Status: Enacted.

Comments:

Staff Note:

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JUSTICE 09-42-04

Washington Landlord Tenant Relations SB 5160

Summary: • Created the first statewide right to counsel program in the nation for unlawful detainer proceedings, requires the court to appoint counsel for indigent tenants, subject to amounts appropriated, with a prioritization to provide legal representation services in those counties in which the most evictions occur and to indigent tenants who are disproportionately at risk of eviction.

• Requires landlords to offer tenants a reasonable schedule and amount for repayment of any unpaid rent accrued during the public health emergency.

• Expands eligibility for claim reimbursement under the landlord mitigation program to include unpaid rent accrued during the eviction moratorium and public health emergency periods under certain circumstances.

• Requires the Administrative Office of the Courts to contract with dispute resolution centers (DRCs) to establish a two-year, statewide eviction resolution pilot program (ERP) to facilitate the resolution of nonpayment of rent cases.

Status: Enacted.

Comments: From The Seattle Times (April 23rd 2021) https://www.seattletimes.com/seattle-news/homeless/washington-becomes-first-stateto-guarantee-lawyers-for-low-income-tenants-during-evictions/ Washington is now the first state in the U.S. to ensure that its poorest tenants have access to a lawyer during eviction proceedings.

That guarantee, known as a “right to counsel” by tenant organizers and civil legal aid advocates, was signed into law by Gov. Jay Inslee on Thursday as part of a larger bill aimed at preventing a flood of eviction cases once local eviction bans expire.

Several cities, including Seattle, have passed right to counsel laws, and seven other states are considering similar measures.

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“A right to counsel furthers racial, economic, and social justice while helping to address the extreme imbalance of power between landlords and tenants,” John Pollock, coordinator of the advocacy group National Coalition for a Civil Right to Counsel, said in an email. “By being the first state to enact a right to counsel, Washington State has showed the 7 states with pending legislation how to get it done, and showed the other 42 states what they need to get done.”

Staff Note:

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JUSTICE 09-42-05

Colorado Immigration Legal Defense Fund HB21-1194

Summary: This bill creates the immigration legal defense fund. The department of human services as the administrator awards grants from the fund to qualifying nonprofit organizations that provide legal advice, counseling, and representation for, and on behalf of, indigent clients who are subject to an immigration proceeding. The bill lists permissible uses of grant money awarded from the fund. Organizations that receive a grant from the fund are required to report to the administrator certain information about persons served and services provided by the organization.

Colorado has about 190,000 immigrants without documentation, according to the latest data available, and 1 in 10 residents are immigrants. Colorado is now the first state in the nation to pass legislation creating such a fund.

Status: Enacted.

Comments: From The Denver Post (June 26, 2021).

Colorado's immigrants now have more protections, benefits in state law (denverpost.com) Colorado’s Immigrants now have more protections, benefits in state law In a year that Sen. Julie Gonzales called “transformative” for immigrants in Colorado, lawmakers passed more than a dozen bills aimed at helping a population they say suffered disproportionally over the last year.

Several have been signed into law, including HB21-1075, repealing the use of the term “illegal alien” in state statute; HB21-1057, expanding the state’s criminal extortion law to prohibit threatening to report a person’s immigration status to take advantage of them; HB21-1054, allowing immigrants without documentation to apply for housing assistance; and SB21-077, removing lawful presence as a requirement for professional licensing.

“Crisis exacerbates inequality,” Gonzales, a Denver Democrat and bill sponsor, said. “I say that all the time, but it is true. And the pandemic and all of the other crises that we experienced this year really laid bare so many of the gaps and the inequities that exist … the barriers that immigrants and refugees have to navigate and overcome in order to achieve prosperity.”

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On Friday afternoon, Gov. Jared Polis signed four more laws to support immigrants and refugees — HB21-1150, creating the state Office of New Americans; HB21-1194, establishing an immigrant legal defense fund; SB21-199, repealing lawful presence as a requirement to receive certain public benefits; and SB21-131, protecting residents’ personal data from being shared with Immigration, Customs and Enforcement unless required by a judge.

Alleviating “that fear” Laura Peniche, a 37-year-old Aurora resident, immigrated to Colorado 24 years ago with her brothers and dad. She was able to get Deferred Action for Childhood Arrivals or DACA, which allows young people who came to the U.S. unlawfully as children to be temporarily shielded from deportation. Her father didn’t have protections.

So when she learned through her work with the Colorado Immigrant Rights Coalition that the DMV shared information with ICE, she worried about her dad, who recently died of cancer. He had a driver’s license (immigrants without documentation could get licenses after a 2013 law), so the DMV may have already given his information to ICE and he could have potentially been apprehended when out in public.

“Knowing how vulnerable my father was with his illness, knowing that just made it really scary to try to go out to doctors’ appointments or try to go out to places, knowing that his information was not protected,” she said. “That’s why I’m really grateful that this data privacy bill passed, because I know that fear, it’s something that our undocumented community carries here.”

Other bills are still waiting for the governor’s signature such as SB21-009 to provide immigrants without documentation affordable access to birth control, and HB21-1266 to inform disproportionately impacted communities of air quality problems.

A changing tide Fifteen years ago, it was a different story, with Democrats and Republicans voting in favor of policies that were considered among the toughest in the nation on illegal immigration.

In 2006, Colorado was one of the first states to pass a “show me your papers” law (repealed in 2013), requiring police to report those suspected of living in the country without legal permission to ICE. Lawmakers passed bills preventing immigrants without documentation from receiving state benefits and prohibited the state from contracting with employers who hired them. Both of those are repealed with the passage of SB21-199.

First-year lawmaker Sen. Cleave Simpson, an Alamosa Republican, doesn’t view the sea change as positive, saying it will attract more immigrants without documentation to Colorado. Simpson said he evaluated each bill on what could help his rural community, even voting in favor of some bills that other Republicans didn’t support. But he drew the line at the housing assistance bill.

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“I just play by the rules and I expect other folks to do the same and try to find the unique balance to build, not reward people for bad or illegal behavior, but, again, recognize they’re human beings and trying to treat them with dignity and respect,” Simpson said.

For years, Colorado was in a middle ground for introducing new immigrant-inclusive policies while dealing with past policy implications, said Edelina Burciaga, a sociology professor at the University of Colorado Denver. Now, she said the state has become a leader in pro-immigrant legislation.

“I would kind of put Colorado more on the continuum of states that are looking to integrate all immigrants, including undocumented immigrants, and create a welcoming climate,” she said.

An ICE spokesperson did not comment on specific bills but said in a statement that the agency focuses its efforts on “threats to national security, border security and public safety.”

Immigrant workers Colorado has about 190,000 immigrants without documentation, according to the latest data available, and 1 in 10 residents are immigrants. Rep. Naquetta Ricks, an Aurora Democrat, is the only immigrant in the legislature this year and sponsored several of the bills, including the immigrant legal defense fund.

“We are very prevalent,” Ricks said. “We are a part of the fabric of Colorado. We are what makes Colorado work. … We’re a very significant part that needs to be recognized and be included in the policies in the state.”

That’s why removing the legal residency requirement for licenses was important to Metro State University senior and immigrant Monserrat Ariza. She’s studying speech language and hearing sciences and wants to get licensed in the state to pursue her dream of working with autistic children.

“Finally, all this hard work that people have done, it’s going to be recognized and they’re going to be able to help the people they want to work with,” she said.

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TECHNOLOGY

10-42-01*

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: Enacted on May 2, 2019

Comments:

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TECHNOLOGY

10-42-02*

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: Enacted on April 24, 2020.

Comments: From Yahoo Finance: Kentucky governor signs bill creating blockchain working group (yahoo.com) 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.

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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 access expertise in the use of blockchain technology, which is not currently staffed within COT and of limited availability in the marketplace.

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TECHNOLOGY

10-42-03*

Iowa

Empower Rural Iowa Act HF 772

Summary: Creates an Empower Rural Iowa Act to provide incentives for broadband development and workforce housing.

Status: Enacted on May 24, 2019.

Comments: From Gov. Reynolds signs Empower Rural Iowa Act | Office of the Governor of Iowa Gov. Reynolds signs Empower Rural Iowa Act 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. “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.”

Staff Note:

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TECHNOLOGY

10-42-04

Arkansas

Election Technology Use Study HB1568

Summary: Requires a legislative study of and report on the use of certain biometric data (fingerprints, facial recognition technology) for elections as well as implementation of a ballot tracking system.

Status: Enacted.

Comments: Potential alternative to identity verification in states that currently require photo ID to vote.

Staff Note:

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TECHNOLOGY

10-42-05

Nevada

Voluntary Contributions for Infrastructure Grants for Broadband Deployment.

AB 388

Summary: Section 7.92 of this bill requires the State Treasurer to establish, by regulation, a program that enables a provider of broadband or commercial mobile radio service to participate in a voluntary contribution program for broadband infrastructure that enables a customer to opt in and make voluntary monetary contributions as part of the customer’s monthly bill.

Existing law defines various activities involving businesses and occupations that constitute deceptive trade practices. (NRS 598.0915-598.0925) If a person engages in a deceptive trade practice, the person may be subject to restraint by injunction and the imposition of civil and criminal penalties. (NRS 598.0979, 598.0985, 598.0999) Section 7.92 makes a willful violation of any regulation adopted by the State Treasurer concerning the voluntary contribution program a deceptive trade practice. Existing law establishes the Office of Science, Innovation and Technology in the Office of the Governor and prescribes its powers and duties and those of its Director. (NRS 223.600-223.650) Section 7.8 of this bill requires the Director of the Office of Science, Innovation and Technology to establish and administer a program of infrastructure grants for the development or improvement of broadband services for persons with low income and persons in rural areas of this State. Section 7.5 of this bill creates the Account for the Grant Program for Broadband Infrastructure for the deposit of money collected by the State Treasurer from participating providers in the voluntary contribution program established pursuant to section 7.92. Section 7.5 requires that money deposited in the Account be used to: (1) provide infrastructure grants pursuant to the program established pursuant to section 7.8; and (2) defray the costs of establishing and administering the programs established pursuant to sections 7.8 and 7.92. Section 7.6 of this bill requires the Director of the Office of Science, Innovation and Technology to biennially: (1) prepare a report concerning the availability of broadband service in this State; and (2) submit the report to the Governor and Legislature. Sections 7.7 and 7.93 of this bill require the Office, on or before October 1, 2021, to establish and administer a Broadband Ready Community Certification program for the purpose of encouraging the deployment of broadband infrastructure in underserved communities.

Status: Enacted.

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Comments: Connectivity in rural Nevada has long been a problem but with remote schooling/work due to the pandemic, the issue became more urgent. This bill is a way to start to address the issue.

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TECHNOLOGY

10-42-06

Nevada

Telecommunication service act regulating suppliers of inmate calling services by the Public Utilities Commission.

SB 387

Summary: An act relating to telecommunication service; providing for the regulation of certain suppliers that provide an inmate calling service by the Public Utilities Commission of Nevada; and providing other matters properly relating thereto.

Existing law requires the Public Utilities Commission of Nevada to regulate certain utilities. (Chapter 704 of IRS) Under existing law, all telecommunication providers, with the exception of certain small-scale providers of last resort, are classified as competitive suppliers and subject to reduced regulation by the Commission. (NRS 704.68861704.68887) Existing federal regulations adopted by the Federal Communications Commission establish rate caps and certain other limitations on charges that may be imposed by a provider of an inmate calling service for interstate or international calls. (47 C.F.R. §§ 64.6000 et seq.)

Section 3 of this bill defines “inmate calling service” to mean a calling service that allows a person confined in a correctional facility to make intrastate calls to persons outside the correctional facility in which the person is being confined. Section 2 of this bill defines “correctional facility” to include a public or private correctional facility. Section 5 of this bill requires the Commission to adopt by regulation procedures to: (1) establish rate caps and certain limitations on charges for an inmate calling service; and (2) approve a schedule or tariff that exceeds such a rate cap or fails to comply with a limitation prescribed by the Commission. Section 5 also requires the Commission to review annually, and, if necessary, revise such a rate cap or limitation established or imposed by the Commission. Section 4 of this bill requires a competitive supplier to file with the Commission, and obtain approval for, a schedule or tariff that specifies the rates, terms and conditions applicable to an inmate calling service before providing the service.

Section 4 requires the Commission to approve any schedule or tariff that specifies rates, terms and conditions that do not exceed a rate cap prescribed by the Commission and that comply with any limitation prescribed by the Commission. Section 4 authorizes the Commission to approve a schedule or tariff that exceeds a rate cap or fails to comply with a limitation prescribed by the Commission pursuant to the procedure adopted pursuant to section 5. Section 4 also requires a competitive supplier to submit a revised schedule or tariff if the Commission revises a rate cap or limitation and the schedule or tariff on file with the Commission exceeds the revised rate cap or fails to comply with the revised limitation.

Section 12 of this bill authorizes a competitive supplier who provides an inmate calling service before October 1, 2021, to continue to provide such service if the competitive supplier files with the Commission the tariff or schedule required by section 4 by a certain date. Sections 10 and 11 of this bill make conforming changes to remove 147

certain exemptions from regulation by the Commission for competitive supplies that provide an inmate calling service. Section 11 of this bill requires a competitive supplier that provides an inmate calling service to publish the rates, terms and conditions of the inmate calling service. Sections 6-9 of this bill make conforming changes to indicate the proper placement of sections 2-5 in the Nevada Revised Statutes.

Status: Enacted.

Comments: The FCC has called on states to address the issue of intrastate inmate phone charges, and in response, the National Association of Regulatory Utility Commissioners released a statement in July 2020 calling on its members to address the problem of exorbitant inmate phone charges and to seek authority to review the rates in their states. While state correctional facilities may have the oversight and professional staff needed to negotiate good contracts, local jails often do not - and may enter into contracts that provide a financial benefit to the local jail at the expense of the inmates (some of whom are not convicted but merely detained or awaiting trial).

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TECHNOLOGY

10-42-07

Missouri

Utilities Provisions Modification HB 734

Summary: HB 734 specifies how wind farms will be assessed for property tax purposes, and allows gas utility corporations to recover particular costs when they invest in renewable natural gas programs.

Status: Enacted.

Comments: This is likely the most innovative piece of securitization legislation in the country as it relates to electric companies. This bill allows for the replacement of existing generation with renewables, transmission, distribution, or quick start gas. It strategically allows for rates and earnings options that support communities and companies in the transition period by repositioning older generation out of a base rate structure.

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TECHNOLOGY

10-42-08

Virginia

Virginia Consumer Data Protection Act HB 2307

Summary: Establishes a framework for controlling and processing personal data in the Commonwealth. The bill applies to all persons that conduct business in the Commonwealth and either (i) control or process personal data of at least 100,000 consumers or (ii) derive over 50 percent of gross revenue from the sale of personal data and control or process personal data of at least 25,000 consumers. The bill outlines responsibilities and privacy protection standards for data controllers and processors.

The bill does not apply to state or local governmental entities and contains exceptions for certain types of data and information governed by federal law. The bill grants consumer rights to access, correct, delete, and obtain a copy of personal data and to opt out of the processing of personal data for purposes of targeted advertising, the sale of personal data, or profiling of the consumer. The bill provides that the Attorney General has exclusive authority to enforce violations of the law, and the Consumer Privacy Fund is created to support this effort. The bill directs the Joint Commission on Technology and Science to establish a work group to review the provisions of this act and issues related to its implementation, and to report on its findings by November 1, 2021. The bill has a delayed effective date of January 1, 2023.

Status: Enacted.

Comments: Virginia became the second state to pass a new law that would regulate consumer online data privacy. California passed the California Consumer Privacy Act a few years before and Colorado also enacted its own version of data privacy in 2021 as well. Several other states had their own proposals. Virginia's approach has less ambiguity than California's law and more closely aligns to the General Data Protection Regulation (GDPR), enforced by the European Union as of May 2018. As many companies already have processes in place to comply the the EU GDPR, the Virginia approach makes for easier compliance, while still achieving the goal of granting consumers online data privacy protections and rights.

Staff Note:

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TECHNOLOGY

10-42-09*

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: Enacted on April 30, 2019.

Comments: From Geek Wire (April 30, 2019) Washington state greenlights delivery robots on sidewalks 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 152

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.

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.”

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TRANSPORTATION 11-42-01*

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 Governor on June 19, 2020.

Comments: From Associated Press, Fox8 Digital Desk (June 19, 2020) Gov. Cooper signs bill allowing teen drivers in NC to get ‘limited’ license without road test amid pandemic | WGHP FOX8 (myfox8.com)

Gov. Cooper signs bill allowing teen drivers in NC to get ‘limited’ license without road test amid pandemic 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 154

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.

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.

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TRANSPORTATION

11-42-02

Washington

Supporting access to electric vehicle supply equipment.

SB 5192

Summary: Establishes foundational standards for public charging electric vehicles; specifically, price transparency, enhanced payment methods, and increased data and interoperability.

Status: Enacted

Comments: From NW Energy Coalition – April 27, 2021 Complementary Bills Pave the Way for a Zero-Emissions Transportation Future – NW Energy Coalition Complementary Bills Pave the Way for a Zero-Emissions Transportation Future Washington has over 68,000 electric vehicles (EVs) on the road today, and with commitments from automakers, Washington signing on to a recent multi-state zeroemissions vehicle letter, and President Biden’s proposed infrastructure plan, that number will keep growing. To plan for this growth, two bills, SB 5192 and HB 1287, recently passed the Washington legislature and are now on their way to Governor Inslee.

SB 5192 sets foundational standards for public charging, protecting Washington consumers and inspiring confidence so people know they can rely on EV charging infrastructure. Sponsored by Senators Das, Lovelett, Carlyle, Kuderer, Nguyen, and Wilson, SB 5192 would increase access to public charging and make the charging experience as easy as filling up your car with gasoline.

Complementary to SB 5192, HB 1287, is focused on increasing preparedness for a zero-emissions transportation future. Among other things, the bill directs the state to develop a refueling infrastructure mapping tool, ensures electric utilities are planning for new transportation electrification load, and strengthens the state’s EV readiness requirements. HB 1287 was sponsored by Representatives Ramel, Hackney, Bateman, Fitzgibbon, Berry, Santos, Kloba, Macri, Bergquist, Ormsby, Pollet.

SB 5192 – Accessible Public Charging

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With this policy, Washington will establish a standardized framework so you know how you’re going to pay, how much you’re going to pay, and that you’re getting what you pay for when you recharge your car at a public charging station.

As it currently stands, every public EV charging experience is different and unpredictable. Some systems require unique key fobs, RFID cards, specific network apps and cell service to use that app, and can even require consumers to prepay on an account to start charging your car. These are all barriers that can discourage people from making the transition to EVs, and result in inequitable access to EV charging. With the growing availability of EVs from automakers, electric vehicles shouldn’t be reserved for only those who can afford to navigate an inconsistent and often confusing public charging experience. EVs should be an option for renters, rideshare drivers, drivers without bank accounts, and all Washington residents who rely on a personal vehicle to meet their transportation needs.

Simple solutions to charging can help more people enjoy the cost savings of driving EVs with public charging often still more affordable than buying gas. This new policy helps remove barriers and increase access for all.

Here are the things the bill does: 1. Price transparency – requiring all costs associated with a charging session to be clearly displayed.

2. Payment methods – directing the Department of Agriculture to establish convenient and accessible payment methods for all current and future users, means for conducting a charging session in languages other than English, and means for facilitating charging sessions for consumers who prefer not to use a bank or low-moderate income.

3. Data and interoperability – requiring charging providers to report on charging station information and maintain interoperability standards.

Next Steps + Implementation: The Department of Agriculture, with the Department of Commerce and Utilities and Transportation Commission, will start at least two rulemakings. The first rulemaking will be to establish minimum payment method requirements and the second will be to develop interoperability standards. Both rulemakings must be completed by January 1, 2023.

HB 1287 – Zero-Emission Vehicle Readiness (ZEV Readiness) This bill creates planning guidelines and tools to prepare for a zero-emissions transportation future. It will help ensure Washington’s infrastructure meets the needs of current and future residents and to ensure affordability is a key component in the transition.

Here are the things the bill does: 1. Mapping tool – directs the Department of Transportation to develop a mapping and forecasting tool that provides locations and essential information of charging 158

and refueling infrastructure to support forecasted levels of electric vehicle adoption, travel, and use.

2. Utility resource planning – provides further direction and clarity to ensure utilities are proactively planning for new transportation electrification load growth as Washington transitions to electricity as a major transportation fuel.

3. Building codes – directs the State Building Code Council to establish EV infrastructure requirements, including for residential buildings, that support anticipated levels of ZEV use that result from the implementation of the ZEV program and emission reductions consistent with state emission reduction limits.

4. ZEV goal – establishes that all new light-duty vehicle sales in Washington be electric by 2030, contingent upon a vehicle miles traveled fee or tax being in effect in Washington with at least 75% of light duty vehicles participating.

[Update: Governor Inslee vetoed this section of the bill, stating that “we cannot afford to link an important goal like getting to 100% zero-emission vehicles to a separate policy that will take time to design and implement.” See the full veto message here.]

5.

Next Steps + Implementation: There will be opportunities to engage in the design of the mapping tool, the development of utility integrated resource plans, and the building code rules related to electric vehicle infrastructure. The State Building Code Council must adopt the electric vehicle infrastructure requirements by July 1, 2024.

Thank you to Senator Mona Das (D-47), Representative Nicole Macri (D-43), and Representative Alex Ramel (D-40), for their leadership in shepherding these important policies. They will also support the implementation of the Climate Commitment Act and a Clean Fuels Standard, as both policies accelerate the transition to a clean transportation future through transportation electrification.

If you’d like to learn more about these bills or have questions about the Coalition’s transportation electrification work, please email Annabel Drayton at annabel@nwenergy.org

Staff Note:

Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject 159

TRANSPORTATION

Nevada

11-42-03 An act related to transportation, regulating monitored autonomous vehicles and autonomous vehicle providers.

SB 288 Summary: Existing law provides for the permitting and regulation of transportation network companies by the Nevada Transportation Authority. (Chapter 706A of NRS) Existing law defines “transportation network company” to mean an entity that uses a digital network or software application to connect a passenger to a driver who can provide transportation services to a passenger. (NRS 706.050) This bill revises various provisions of existing law governing transportation network companies for the purpose of authorizing a monitored autonomous vehicle provider to provide transportation services to a passenger through the digital network or software application of a transportation network company in the same manner and generally subject to the same requirements as a driver. Section 2 of this bill defines “monitored autonomous vehicle” generally to mean an autonomous vehicle in which a monitored autonomous vehicle monitor is physically present at all times during the operation of the vehicle. Section 2.5 of this bill defines “monitored autonomous vehicle monitor” to mean a person employed by a monitored autonomous vehicle provider to remain physically present at all times during the operation of the vehicle to ensure: (1) the safety of such operations; and (2) that the monitored autonomous vehicle complies with the applicable motor vehicle laws and traffic laws of this State.

Section 3 of this bill defines “monitored autonomous vehicle provider” as a person who: (1) owns and operates a monitored autonomous vehicle; and (2) enters into an agreement with a transportation network company to receive connections to potential passengers and related services from the transportation network company in exchange for the payment of a fee to the transportation network company. Section 5 of this bill authorizes a transportation network company to enter into an agreement with one or more monitored autonomous vehicle providers to receive connections to potential passengers from the company in exchange for the payment of a fee to the company.

Section 5 also provides that a monitored autonomous vehicle monitor employed by a monitored autonomous vehicle provider who has entered into such an agreement is authorized to accept compensation for his or her services only from the monitored autonomous vehicle provider by which he or she is employed. Section 5.5 of this bill provides that a monitored autonomous vehicle provider is liable in tort for any damages arising out of the provision of transportation services in the same manner as a driver.

Section 13.3 of this bill provides that the provisions of this bill relating to monitored autonomous vehicle providers and monitored autonomous vehicles do not apply to an autonomous vehicle network company or a fully autonomous vehicle operated by such a company. Section 13.6 of this bill provides that a monitored autonomous vehicle 160

operated by a monitored autonomous vehicle provider is not a commercial vehicle.

Section 14 of this bill prohibits, with certain exceptions, a transportation network company from controlling, directing or managing a monitored autonomous vehicle provider or a monitored autonomous vehicle operated by such a provider. Section 14.5 of this bill prohibits a monitored autonomous vehicle provider from providing transportation services unless the transportation network company with which the provider is affiliated holds a permit issued by the Authority. Section 15 of this bill authorizes a transportation network company that holds a permit issued by the Authority to take certain actions with respect to a monitored autonomous vehicle provider.

Sections 12 and 13 of this bill, respectively, revise the definitions of “transportation network company” and “transportation services” to reflect the authority of a monitored autonomous vehicle provider to provide transportation services pursuant to an agreement with a transportation network company.

Section 19 of this bill requires a transportation network company to maintain certain records concerning accidents and other incidents involving monitored autonomous vehicle providers. Section 19.3 of this bill authorizes a transportation network company to disclose certain information concerning passengers to a monitored autonomous vehicle provider. Section 19.6 of this bill requires a transportation network company to submit certain reports to the Authority concerning motor vehicle crashes involving monitored autonomous vehicle providers. Section 17.5 of this bill requires a transportation network company, when a monitored autonomous vehicle provider provides transportation services, to provide the license plate number of the monitored autonomous vehicle to a passenger before he or she enters the vehicle.

Section 16 of this bill revises provisions of existing law governing fares charged by a transportation network company for the purpose of authorizing a transportation network company to charge a fare for transportation services provided by a monitored autonomous vehicle provider on behalf of the provider. (NRS 706A.170) Section 16.5 of this bill imposes certain requirements relating to the condition and inspection of a monitored autonomous vehicle used to provide transportation services. Sections 17 and 18 of this bill revises provisions of existing law which impose certain requirements on the provision of transportation services by a driver to apply such requirements to the provision of transportation services by a monitored autonomous vehicle provider. (NRS 706A.190, 706A.210) Section 20 of this bill authorizes the Authority to impose certain penalties on a transportation network company or monitored autonomous vehicle provider for certain violations. Section 21 of this bill prohibits a local governmental entity from imposing any tax or fee on a monitored autonomous vehicle provider or a monitored autonomous vehicle used by such a provider to provide transportation services or on the transportation services provided using such a vehicle.

Existing law requires a transportation network company or driver to continuously provide, during any period in which the driver is providing transportation services, 161

transportation network company insurance for the payment of tort liabilities arising from the operation of a motor vehicle by a driver. Existing law sets forth certain minimum amounts of coverage that must be provided by transportation network company insurance for periods in which a driver is providing transportation services and for periods in which a driver is logged into the digital network or software application service of the transportation network company and available to receive requests but is not otherwise providing transportation services. (NRS 690B.470) Section 22.7 of this bill requires a monitored autonomous vehicle provider to continuously provide transportation network company insurance in a specified minimum amount for the payment of tort liabilities arising from the operation of a monitored autonomous vehicle during any period in which the monitored autonomous vehicle provider is operating the monitored autonomous vehicle, regardless of whether the provider is providing transportation services. Existing law imposes various requirements relating to transportation network company insurance. (NRS 690B.400-690B.495) Sections 22.2, 22.3, 22.5 and 22.7-22.9 of this bill impose on a monitored autonomous vehicle provider and a transportation network company affiliated with a monitored autonomous vehicle provider certain requirements relating to transportation network company insurance which are applicable to a driver and a transportation network company affiliated with a driver under existing law. Sections 11, 22.4 and 22.6 of this bill make conforming changes to indicate the proper placement of new provisions in the Nevada Revised Statutes.

Status: Enacted Comments: This bill deals with the marriage of transportation network companies (TNCs), such as Uber and Lyft, with the autonomous vehicle industry. Monitored autonomous vehicles are the bridge between human drivers and fully autonomous vehicles. Another bill this session - AB 444 - dealt with TNCs linking to limo services; while AB 412 removed barriers to slow speed fully autonomous vehicles operating in neighborhoods - to deliver groceries, prescriptions, etc. States will see more of this merging of technologies.

Balancing the need to support innovation with passenger safety was the key issue.

Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: 162

( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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TRANSPORTATION

11-42-04*

New Jersey

Expand access to driver’s licenses.

A 4743

Summary: Allows residents unable to prove lawful presence in US to receive permits, and standard driver's licenses or identification cards.

Status: Signed by Governor on December 19, 2019.

Comments: From Office of the Governor | Governor Murphy Signs Legislation Expanding Access to Driver’s Licenses (nj.gov) (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.’’

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"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 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 165

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.”

“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.

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“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 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 167

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.”

"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 168

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."

Staff Note: Disposition of Entry: SSL Committee Meeting: 2022 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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