SSL Docket 2024 Cycle 44 by The Council of State Governments

Submissions to The Council of State Governments Shared State Legislation Committee should be sent to staff by Aug. 31 to be considered for that year’s meeting 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

2024 CYCLE DOCKET BOOK 44

Dec. 8, 2023

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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 once a year to consider legislation. The items chosen by the committee are published online at ssl.csg.org 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. It takes many bills or laws to fill the dockets of a one year-long SSL cycle. Items should be submitted to CSG by Aug. 31 to be considered for that year’s meeting docket. Items submitted after that date are typically held for a later meeting. Legislation submitted for consideration must be 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 through the online submission form on the program website.

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SSL CRITERIA The SSL Committee reviews bills that:

1. Have been enacted as law. 2. Are available in similar forms in no more than 10 states. 3. Are no more than 2 years old. 4. Address a current state issue of national or regional significance. 5. Provide a benefit to bill drafters. 6. Provide a clear, innovative and practical approach to a problem. 7. Represent a comprehensive approach to a problem that has relevance for other states. 8. Use a logically consistent structure. 9. Use clear language.

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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.] ( ) 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. 2. 3. 4. 5. 6. 7. 8.

Commerce and Labor Education Environment Government Health *Justice Technology Transportation

(*) Indicates that category includes one or more bills deferred from previous cycle.

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2024 SSL Cycle Docket 44 ITEM NO. TITLE OF ITEM UNDER CONSIDERATION (*) Indicates item is carried over from previous SSL cycle.

SOURCE

Contents (01) COMMERCE AND LABOR 01-44-01

Exempting overtime hours from state income taxation

01-44-02

Right to Start

01-44-03

Kansas Financial Institutions Privilege Tax

01-44-04

Dealer Code of Conduct

01-44-05

An Act to Finalize Licensure for Credentialed Individuals from Other Jurisdictions

01-44-06

Uniform Community Property Disposition at Death Act

01-44-07

Portable Benefits for Independent Workers

01-44-08

Establishing regulatory standards and safeguards for earned wage access providers

01-44-09

Cannabis Interstate Agreements

01-44-10

Buy American Food Act

01-44-11

Middle Class Housing Act

01-44-12

Temp Workers Fairness and Safety Act

01-44-13

Protected Employee Conduct

01-44-14

Consumers Legal Remedies Act: Advertisements

02-44-01

Authorize public and private schools to stock a supply of undesignated ready-to-use glucagon

02-44-02

An Act to amend Tennessee Code Annotated, Title 49, relative to military children

02-44-03

School Mental Health Screening Program

02-44-04

Idaho Launch Grant Program

02-44-05

Revises Legislative Intent of Idaho Launch

02-44-06

Establishes the career scholarship account program

(02) EDUCATION

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02-44-07

Student Loan Borrower Bill of Rights

Reduction of human remains and the disposition of reduced human remains

04-44-01

Local government hiring; people with disabilities

04-44-02

The Uncrewed Aircraft Systems Rights and Authorities Act

05-44-01

Requiring school districts and other public education entities to make information from the department of health available

05-44-02

Access to Medicaid Mental Health Care

05-44-03

Behavioral Health Workforce Pipeline

05-44-04

Creates new provisions related to vulnerable persons

05-44-05

State plan for medical assistance services; telemedicine; in-state presence

05-44-06

Health Care Billing Requirements for Indigent Patients

05-44-07

Organ Donation Discrimination / Glory’s Law

05-44-08

Gender-affirming health care

05-44-09

Dignity for Incarcerated Women

05-44-10

Protections for Trans Incarcerated Individuals

05-44-11

Coverage for Gender Affirming Care

05-44-12

Adolescent Access to Preventative Care

06-44-01*

An Act relating to promoting successful reentry and rehabilitation of persons convicted of criminal offenses

06-44-02*

Criminal Procedure

06-44-03

Organized retail theft; establishes as a crime

(03) ENVIRONMENT 03-44-01

(04) GOVERNMENT

(05) HEALTH

(06) JUSTICE

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06-44-04

Uniform Unregulated Child Custody Transfer Act

06-44-05

Juvenile Offenses on Military Installations

06-44-06

Investigative Genetic Genealogy

06-44-07

Investigative Genetic Genealogy Information and Materials

06-44-08

Democracy for the People Act

06-44-09

Prohibition on Penalties Against Tenants and Landlords for Law Enforcement Contact or Emergency Services

06-44-10

Treatment of Incarcerated Individuals

06-44-11

In-Jail Voting

06-44-12

Missing and Murdered Indigenous Women

06-44-13

Extreme Risk Protection Order Act

07-44-01

21st Century Integrated Digital Experience Act

07-44-02

Connecticut Data Privacy Act

07-44-03

Digital Bill of Rights

07-44-04

Texas Data Privacy and Security Act

07-44-05

The California Age-Appropriate Design Code Act

07-44-06

Right to Repair Act

(07) TECHNOLOGY

(08) TRANSPORTATION 08-44-01

An Act Concerning Transportation

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COMMERCE & LABOR 01-44-01

Alabama

Exempting overtime hours from state income taxation House Bill 217

Summary: The law provides that the compensation paid to full time, hourly employees for working more than 40 hours in a week will be excluded from taxable gross income. Status: Enacted on June 8, 2023. Comments: From submitter: Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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COMMERCE & LABOR 01-44-02

Nevada

Right to Start Assembly Bill 77

Summary: Assembly Bill 77 creates the Office of Entrepreneurship within the Governor’s Office of Economic Development. The Office is required to: (1) work to strengthen policies and programs supporting the growth of entrepreneurship in the State, including, without limitation, across demographic segments and geographic areas; (2) work with stakeholders and organizations supporting entrepreneurship to enhance the learning and skills of, provide technical support to and expand access to resources for entrepreneurs across the State; and (3) serve as a point of contact to assist businesses that have been in operation for not more than 5 years in their interactions with state agencies. Status: Enacted on June 15, 2023. Comments: From submitter: New businesses create almost all net new jobs in the United States. Entrepreneurs create stronger communities, grow GDP, create homegrown jobs, increase community wealth, diversity goods and services, increase lifetime incomes, and fight inequality and poverty. Yet government processes and the system overall make it harder on them to start and grow with many barriers. This has contributed to a startup slump for decades in America. Survey data from the Kauffman Foundation found that 81% of entrepreneurs say that the government favors big businesses over them. Yet 94% of voters – nearly unanimously across party lines – say “it’s important to America’s future” that citizens have a fair opportunity to start and grow their own businesses. However, 92% of voters say that starting a new business today is difficult or very difficult. Nevada Assembly Bill 77 expands entrepreneurial opportunity and economic growth in the state through streamlining processes, reducing or eliminating barriers to starting, tracking data / impact, and by identifying and sharing ways through engagement to increase young business success in the state. Additionally, Nevada Assembly Bill 77 aims at fostering entrepreneurship and economic growth by establishing a dedicated Office of Entrepreneurship within the Governor’s Office of Economic Development. The office will be tasked with developing and tracking relevant data and metrics including state government contracts obtained, demographic, regional data, and recommendations for improving overall entrepreneurship in the state - culminating in an annual status assessment of entrepreneurship in the state, which will be crucial in informing legislators and economic developers. The office will also serve as a one-stop shop for entrepreneurs to navigate government red tape. Government contracts favor incumbent, established big businesses adept at navigating complicated bureaucracies. One government contract can transform a young businesses trajectory and lead to bank loans, new customers or partners, and further legitimacy to grow and create more jobs. Encouraging a percentage of government procurement dollars and contracts to businesses under five years old will have minimal impact on older businesses, but a huge impact on new businesses.

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The legislation received broad bipartisan support, sponsored by Speaker of the House of Representatives Steve Yeager (D) and signed by Governor Joe Lombardo (R). Finally, in 2022, The Southern Office of The Council of State Governments (CSG South) adopted a similar policy position that is included in this larger bill, Regarding the Establishment of a 5% to Start Act for a Right to Start. Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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COMMERCE & LABOR 01-44-03

Kansas

Kansas Financial Institutions Privilege Tax Senate Bill 15

Summary: The bill permits a deduction from net income, beginning in tax year 2023, for financial institutions subject to the Kansas Financial Institutions Privilege Tax (privilege tax) equal to the net interest income received from qualified agricultural real estate and single-family residence loans attributable to Kansas to the extent such interest is included in the Kansas taxable income. The bill creates definitions for the terms “interest,” “qualified agricultural real estate,” and “single family residence” and creates a calculation methodology for “net interest income received from qualified agricultural real estate loans” and for “net interest income from single family residence loans” as follows: 



“Interest” means interest on indebtedness attributed to Kansas and incurred in the ordinary course of the active conduct of any business and interest on indebtedness incurred that is secured by a single-family residence; “Qualified agricultural real estate loans” means loans made on real property that is substantially used for the production of one of more agricultural products and that: o Have maturities of not less than 5 years and not more than 40 years; o Are secured by a first lien interest in real estate, except that the loans may be secured by a second lien interest if the institution also holds the first lien on the property; and o Have an outstanding loan balance when made that is less than 85 percent of the appraised value of the real estate, except that a loan for which private mortgage insurance is obtained may exceed 85 percent of the appraised value of the real estate to the extent the loan amount in excess of 85 percent is covered by such insurance; “Net interest income received from qualified agricultural real estate loans attributed to Kansas” means the product of the ratio of the interest income earned on qualified agricultural real estate loans over total interest income earned, in relation to the net income of the national banking association, state bank, trust company, or savings and loan association without regard to this deduction; “Net interest income received from single family residence loans attributed to Kansas” means the product of the ratio of the interest income earned on single family residence loans over total interest income earned, in relation to the net income of the national banking association, state bank, trust company, or savings and loan association without regard to this deduction; and “Single family residence” means a residence that is: o The principal residence of its occupant; o Located in Kansas in a rural area, as defined by the U.S. Department of Agriculture, that is not within an MSA and has a population of 2,500 or less as determined by the most recent census for which data is available; and; o Purchased or improved with the proceeds of the loan Page 12 of 77

Status: Enacted on Feb. 26, 2021. Comments: From submitter: The Kansas Financial Institutions Privilege Tax will help provide low-cost credit to ag producers and rural housing and for small businesses, including farmers and ranchers, financially affected by the pandemic. It establishes a targeted tax exemption that will lower interest rates for Kansans seeking agricultural real estate loans and from banks and savings & loans operating in Kansas and creates an incentive for rural housing development across Kansas in communities with 2,500 or less. Staff Note: Submitter noted Section 10 only Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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COMMERCE & LABOR 01-44-04

New York

Dealer Code of Conduct Senate Bill S4970A

Summary: This bill creates a robust code of conduct for licensed gun dealers in New York state, including theft protection, employee training, and maintenance of records to aid investigations of gun crimes. The bill lays out a number of concrete steps licensed firearm dealers in NY state must take to ensure they’re doing all they can to keep guns off the illegal market out of the hands of people who shouldn’t have them. The bill mandates that all licensed dealers in NY must:    



Take reasonable steps to prevent straw purchases and gun trafficking, including, but not limited to, training in trafficking prevention through programs created by the state. Ensure the physical security of firearms through the use of secure storage and alarm systems. Complete sales only on the grounds of gun stores or at gun shows. Thoroughly train all employees on state and federal gun laws, recognizing warning signs of straw purchases and buyers who may pose a risk to themselves or others, responding to and reporting to thefts, and educating consumers about secure storage and safe handling of firearms. Keep thorough records for all firearms transactions and all records of tracing.

Status: Enacted on June 6, 2022. Comments: From submitter: Issue of Significance: Every year, more than 43,000 Americans are killed with guns and approximately 76,000 more are shot and wounded, costing the country $557 billion each year. Guns are the leading cause of death among children and teens, and Black youth are 14 times more likely than their white peers to die by gun homicide. Benefit to Drafters: Each state must tailor a bill of this nature to ensure that it achieves its goals, but New York’s law provides an excellent starting place. Legislation in this mold can also require background checks on gun store employees, regular compliance inspections, and clear disciplinary powers for state officials if retailers violate law or regulations. Innovative Approach: Because of the federal PLCAA law, the firearm industry is often shielded from accountability for their misconduct – their profits have only increased, as has gun violence across the country. New York previously took the innovative approach of utilizing the exception to PLCAA that lifts the liability shield for actors that break state law. This bill builds upon that work, setting clear standards all licensed dealers must abide by to help ensure that they’re not contributing to the country’s epidemic of gun violence. Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume Page 14 of 77

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

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COMMERCE & LABOR 01-44-05

Maine

An Act to Facilitate Licensure for Credentialed Individuals from Other Jurisdictions H.P. 105

Summary: H.P. 105 codified into law an opportunity for skilled workers educated in, or with relevant experience or licensure in, other jurisdictions (including other states and U.S. territories) to pursue a variety of opportunities where their skills are critically needed. Status: Enacted on June 11, 2021. Comments: From submitter: Policy allowing skilled workers to easily pursue employment across state and country boundaries will provide lucrative opportunities to workers already in the field, and grow the skilled talent pipeline across the U.S. All states and their constituents could benefit from enacting this proposed model legislation. Businesses need more skilled workers to employ, and these workers will benefit from professional opportunities in other jurisdictions beyond where they are licensed. Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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COMMERCE & LABOR 01-44-06

Arkansas

Uniform Community Property Disposition at Death Act House Bill 1409

Summary: Non-uniform property laws can create problems when a married couple moves to another state. Though the governing law may be different, the nature of the couple’s previously acquired property is not changed. It stands to reason that many couples will accumulate both community and non-community property over time, complicating estate administration when the first spouse dies. The Uniform Community Property Disposition at Death Act (2021) is appropriate for enactment in non-community property states where trustees, judges, and estate administrators may be unfamiliar with the rules governing distribution of community property. The act provides a set of default rules to ensure the equitable distribution of community property when the first spouse dies. It assists courts in determining the character of property when there is a dispute between potential heirs. The act also clarifies the process for partitioning and reclassifying community property for couples who mutually agree to separate their interests, and provides a remedy to address bad-faith transfers intended to impair the property rights of one spouse. The act is a comprehensive revision of a 1971 law that specifically governed the probate of estates containing community property. The update was necessary due to the increased popularity of trusts and other vehicles for non-probate transfers. The act is intended for enactment in non-community property states where the legal status of community property may otherwise be unclear. Status: Enacted on April 11, 2023. Comments: From submitter: The United States has two different systems of property law. Nine states and two U.S. territories treat all property acquired by a married couple during their marriage as community property – the remaining states do not. The Uniform Community Property Disposition at Death Act (2021) ensures spouses will retain their rights in community property even if they relocate to a noncommunity property state. The act prevents unnecessary litigation and modernizes the law in a manner consistent with modern estate planning practices. In our increasingly mobile world, many couples live in multiple states over the course of their marriage. Therefore, these couples will often acquire a mix of community property and non-community property, complicating the distribution to heirs when one spouse dies. The act provides clear and effective rules that will prevent distributions of property to persons who are not entitled to receive it. The 2021 act has been enacted in Arkansas and Colorado. Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume Page 17 of 77

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

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COMMERCE & LABOR 01-44-07

Utah

Portable Benefits for Independent Workers Senate Bill 233

Summary: This bill provides that government entities or private entities may offer a portable benefit plan; requires contributions to a portable benefit plan be voluntary; provides that contributions to a portable benefit plan are not evidence of an employment relationship or employer liability and may not be used as criteria in determining employment classifications. Status: Enacted on March 23, 2023. Comments: From submitter: This is novel policy that addresses emerging workforce issues. More and more Americans are choosing to make a living through independent contracting. Yet, current law across the country prohibit employers from providing benefits to this class of workers. Polling and surveys show that the majority of independent contractors are happy with their worker status and enjoy the flexibility that these employment arrangements provide. However, the one aspect of independent contracting that is of highest concern to the general public and contractors themselves is the lack of options for portable, stackable benefits — similar to the benefits options offered to workers classified as full-time employees. Utah Senate Bill 233 is a relatively simple policy device that clears a pathway for employers to provide benefits to independent contractors on a completely voluntary basis. Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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COMMERCE & LABOR 01-44-08

Nevada

Establishing regulatory standards and safeguards for earned wage access providers Senate Bill 290

Summary: Provides for the regulation of employer-integrated earned wage access providers and direct-toconsumer earned wage access providers. Status: Enacted on June 13, 2023. Comments: From submitter: This is a first-in-the-nation law establishing regulatory standards and safeguards for earned wage access providers, including state licensure, consumer disclosure requirements, and limits on certain fees. Additional Media: Nevada passes law to regulate earned wage access providers | Consumer Finance Monitor https://www.consumerfinancemonitor.com/2023/06/28/nevada-passes-law-to-regulate-earnedwage-access-providers/ Nevada Enacts Nation’s First State Licensing Regime for Earned Wage Access Services | Insights | Greenberg Traurig LLP (gtlaw.com) https://www.gtlaw.com/en/insights/2023/6/nevada-enacts-nations-first-state-licensing-regimefor-earned-wage-access-services#:~:text=Earned wage access allows employees,state legislature with wide margins. Nevada Leads EWA Regulation: What It Means | FinTech Magazine https://fintechmagazine.com/articles/what-nevadas-pioneering-earned-wage-access-law-reallymeans Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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COMMERCE & LABOR 01-44-09

California

Cannabis Interstate Agreements Senate Bill 1326

Summary: SB 1326 authorizes the Governor of California to make agreements with other states allowing commercial cannabis activity (both medicinal and adult-use) between licensed cannabis businesses in each state. SB 1326 would allow transportation and delivery of cannabis across state lines by licensed cannabis distributors as authorized by the agreement. The bill requires agreements to include enforceable public health, safety, and labeling standards, a system to regulate and track cannabis items, and further requires that items delivered to California must be tested, packaged, and labeled in compliance with current state law. Finally, the bill would include legislative oversight in the development of interstate agreements to ensure input in this emerging policy area. Status: Enacted on Jan. 1, 2023. Comments: From submitter: SB 1326 provides a relief valve for the oversupply of cannabis, an opportunity to grow California's brand and market share, support job creation and gives the state a competitive advantage as federal policy develops. SB 1326 would allow the Governor to enter into agreements with other states that have legalized cannabis for medicinal or adult recreational use to promote interstate commercial cannabis activity following California’s robust testing, product safety, and labeling requirements. SB 1326 clarifies that interstate cannabis agreements cannot go into effect until there is an appropriate assurance that these agreements will not cause conflict between the State of California and the federal government. It also clarifies that foreign licensees are subject to the jurisdiction of California for purposes of actions taken for violations of state commercial cannabis laws and regulations. Already, two other states have enacted similar legislation. Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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COMMERCE & LABOR 01-44-10

California

Buy American Food Act Senate Bill 490

Summary: SB 490 requires that all public institutions that receive federal reimbursement to provide prepared meals include in their bids and contracts that they will only purchase agricultural products grown, packed, or processed in the U.S., unless the imported product is 25% or more cheaper than a domestic product. Status: Enacted on Jan. 1, 2023. Comments: From submitter: Competition from nondomestic producers hurts California agriculture and threatens to eliminate the jobs that workers depend on to feed their own families. In 2018, Seneca Foods, a producer of peach and fruit cocktail products, shuttered its Modesto plant, laying off 265 full-time workers and putting close to 1,000 seasonal workers out of a job. The company cited “import competition from overseas China and Europe” as the reason for the plant closure. Public agencies spend billions of dollars every year to buy food to serve to Californians in various settings. The people who rely on federally funded meal programs are often among the most vulnerable, including seniors, patients, children, and families. They deserve and need access to high-quality, healthy meals, such as those grown, packed, and produced in California. California produces more than 400 different agricultural commodities, over one-third of the country's vegetables, and two-thirds of the country's fruits and nuts. Over 99 percent of California’s 1,200 dairy farms are family owned and the dairy sector supports approximately 180,000 jobs in the economy. Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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COMMERCE & LABOR 01-44-11

California

Middle Class Housing Act Senate Bill 6

Summary: SB 6 establishes an expedited process to allow residential development on existing developed lots currently zoned for commercial office, retail, or parking, such as strip malls or large “big box” retail spaces. This bill requires the development of residential units at a minimum density to accommodate affordable housing, abide by existing local planning and development ordinances, pay workers prevailing wages, and prioritize the use of a skilled and trained workforce. Status: Enacted on Jan. 1, 2023. Comments: From submitter: Today, the United States has more retail space per capita than other leading economies and retailing accounts for 31 percent of all commercial property, according to real estate firm Cushman & Wakefield. However, as consumers transition to online and convenience style shopping, many commercial centers are struggling to stay profitable. Retail space is going to reach a crisis in the next 5 to 10 years, and will have an effect on cities as vacant parcels cause urban blight and lost revenue. SB 6 allows housing development on parcels zoned for commercial retail, office, and parking. Allowing this development in conjunction with existing office spaces, shopping centers, or strip mall properties will allow adaptive reuse and create walkable villages where residents can access goods and services all in their neighborhood. This will help reduce greenhouse gas emissions by reducing vehicle trips, help the state achieve its housing goals, and spur economic activity in regions in the most need of revitalization. SB 6 has the potential to unlock the development of up to 2 million or more new residential units, including homes for sale, and generate over $6 billion in annual revenues through new property taxes. Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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COMMERCE & LABOR 01-44-12

Illinois

Temp Workers Fairness and Safety Act House Bill 2862

Summary: This bill amends the Day and Temporary Labor Services Act. Specifically, it provides that no day and temporary labor service agency may send a day or temporary laborer to a place where a strike, a lockout, or other labor trouble exists without providing, at or before the time of dispatch, a statement, in writing and in a language that the day and temporary laborer understands, informing the day or temporary laborer of the labor dispute and the day or temporary laborer's right to refuse the assignment without prejudice to receiving another assignment; provides that a day or temporary laborer who is assigned to work at a third party client for more than 60 calendar days shall be paid not less than the rate of pay and equivalent benefits as the lowest paid directly hired employee of the third party client with the same level of seniority at the company and performing the same or substantially similar work on jobs the performance of which requires substantially similar skill, effort, and responsibility, and that are performed under similar working conditions; provides that upon a reasonable belief that a day and temporary labor service agency or a third party client is in violation of any part of the Act, an interested party may initiate a civil action in the county where the alleged offenses occurred or where any party to the action resides. The bill also provides that before the assignment of an employee to a worksite employer, a day and temporary labor service agency must: (i) inquire about the client company's safety and health practices and hazards at the actual workplace where the day or temporary laborer will be working; (ii) provide training to the day or temporary laborer for general awareness safety training for recognized industry hazards the day or temporary laborer may encounter at the client company's worksite; (iii) transmit a general description of the training program; (iv) provide the Department of Labor's hotline number for the employee to call to report safety hazards and concerns as part of the employment materials provided to the day or temporary laborer; and (v) inform the day or temporary laborer who the day or temporary laborer should report safety concerns to at the workplace. Status: Enacted on Aug. 4, 2023. Comments: From submitter: Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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COMMERCE & LABOR 01-44-13

California

Protected employee conduct Senate Bill 497

Summary: (1) Existing law prohibits a person from discharging an employee or in any manner discriminating, retaliating, or taking any adverse action against any employee or applicant for employment because the employee or applicant engaged in protected conduct, as specified. Under existing law, an employee who is discharged, threatened with discharge, demoted, suspended, retaliated against, subjected to adverse action, or in any other manner discriminated against in the terms and conditions of their employment because, among other things, the employee engaged in protected conduct, as specified, the employee shall be entitled to reinstatement and reimbursement for lost wages and work benefits caused by those acts of the employer. This bill creates a rebuttable presumption in favor of the employee’s claim if an employer engages in any action prohibited by this provision within 90 days of the protected activity specified in this provision. (2) Existing law prohibits employers and their agents from making, adopting, or enforcing a rule, regulation, or policy preventing an employee from disclosing information to certain entities or from providing information to, or testifying before, any public body conducting an investigation, hearing, or inquiry if the employee has reasonable cause to believe that the information discloses a violation of a law, as specified. Existing law also prohibits retaliation against an employee for various reasons. Under existing law, in addition to other penalties, an employer that is a corporation or limited liability company is liable for a civil penalty not exceeding $10,000 for each violation of this provision. This bill instead establishes that in addition to other remedies, an employer is liable for a civil penalty not exceeding $10,000 per employee for each violation of this provision, to be awarded to the employee who was retaliated against. The bill will require the Labor Commissioner, in assessing this penalty, to consider the nature and seriousness of the violation based on the evidence obtained during the course of the investigation, as prescribed. (3) Existing law prohibits an employer from paying an employee at wage rates less than the rates paid to an employee of the opposite sex for substantially similar work, when viewed as a composite of skill, effort, and responsibility, and performed under similar working conditions, except upon a specified demonstration by the employer. Existing law prohibits an employer from prohibiting an employee from disclosing the employee’s own wages, discussing the wages of others, inquiring about another employee’s wages, or aiding or encouraging any other employee to exercise these and other rights. Existing law prohibits an employer from discharging or discriminating or retaliating against an employee because of an action taken by the employee to invoke these and other provisions. Existing law requires a civil action brought in this regard to be commenced within no later than one year, as specified. This bill would create a rebuttable presumption in favor of the employee’s claim if an employer engages in any action prohibited by this provision within 90 days of the protected activity specified in this provision.

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Status: Enacted on Oct. 8, 2023. Comments: From submitter: Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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COMMERCE & LABOR 01-44-14

California

Consumers Legal Remedies Act: Advertisements Senate Bill 478

Summary: The False Advertising Law makes it a crime for a person or a firm, corporation, or association, or any employee thereof, to engage in specified false or misleading advertising practices. The Unfair Competition Law makes various unfair competition practices unlawful, including any unlawful, unfair, or fraudulent business act or practice and unfair, deceptive, untrue, or misleading advertising. The Consumers Legal Remedies Act makes unlawful certain unfair methods of competition and certain unfair or deceptive acts or practices undertaken by a person in a transaction intended to result or that results in the sale or lease of goods or services to a consumer, including advertising goods or services with intent not to sell them as advertised. Existing law authorizes a consumer who suffers damage as a result of the use or employment by a person of a method, act, or practice declared to be unlawful by that provision to bring an action against that person to recover or obtain certain relief, including actual damages of at least $1,000. This bill would, beginning on July 1, 2024, with specified exceptions, additionally make unlawful advertising, displaying, or offering a price for a good or service that does not include all mandatory fees or charges other than taxes or fees imposed by a government on the transaction, as specified. The bill would provide that assessments made pursuant to the California Tourism Marketing Act and the Parking and Business Improvement Area Law of 1989, and business assessments made pursuant to the Property and Business Improvement District Law of 1994, are fees imposed by a government on the transaction for purposes of these provisions. Existing law authorizes vehicle rental companies, when providing a quote or imposing charges for a rental, to separately state specified rates and charges that a renter must pay to hire or lease the vehicle for the period of time to which the rental rate applies. Existing law prohibits a rental company from imposing charges or fees in addition to the rental rate unless specified conditions are met. Existing law requires the rate advertisements of vehicle rental companies to include a disclaimer providing that additional mandatory charges may be imposed, as specified. This bill would provide that a rental company is not in violation of unlawful advertising, displaying, or offering a price for a good or service for excluding from the advertised, displayed, or offered price of a rental vehicle charges that are disclosed to the consumer in compliance with the above-described provisions. Existing law requires any solicitation to enter into a lease contract that includes the amount of any payment, as specified, to also state, among other things, “Plus tax and license” or a substantially similar statement, if amounts due for use tax, license fees, and registration fees are not included in the payments. This bill would specify that a lessor is not in violation of this prohibition against unlawfully advertising, displaying, or offering a price for a good or service because it excludes from the advertised, displayed, or offered lease payment a fee or charge in accordance with the provision described above. Page 27 of 77

Existing law imposes specified requirements on dealers of motor vehicles and motorcycles sold or leased in this state. Existing law prohibits a holder of a dealer’s license from doing specified acts, including advertising the total price of a vehicle without including all costs to the purchaser at time of sale, except taxes, vehicle registration fees, the California tire fee, emission testing charges not exceeding $50, actual fees charged for certificates, finance charges, and any dealer document processing charge or charge to electronically register or transfer the vehicle. This bill would specify that a holder of a dealer’s license is not in violation of unlawful advertising, displaying, or offering a price for a good or service for excluding from the advertised, displayed, or offered price of a vehicle a tax, a vehicle registration fee, the California tire fee, an emission testing charge not exceeding $50, an actual fee charged for a certificate, a finance charge, or a dealer document processing charge or charge to electronically register or transfer the vehicle. Existing law imposes specified requirements on manufacturers of motor vehicles and motorcycles and prohibits a person from acting as a motor vehicle manufacturer without having first been issued a license by the Department of Motor Vehicles, as specified. This bill would specify that a motor vehicle manufacturer, or any other person, that advertises a motor vehicle manufacturer’s suggested retail price (MSRP) set by an automobile manufacturer, or lease payments based upon an MSRP, does not, by doing so, violate the prohibition described above relating to unlawful advertising, displaying, or offering a price for a good or service. Status: Enacted on Oct. 7, 2023. Comments: From submitter: Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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EDUCATION

Georgia

02-44-01

Authorize public and private schools to stock a supply of undesignated ready-to-use glucagon House Bill 440

Summary: A bill relating to student health in elementary and secondary education, so as to authorize public and private schools to stock a supply of undesignated ready-to-use glucagon; to provide for a definition; to provide for requirements for the storage, maintenance, and distribution of undesignated ready-to-use glucagon; to provide for the authorized use of undesignated readyto-use glucagon; to provide for arrangements with manufacturers; to provide for regulations; to amend Chapter 4 of Title 26 of the O.C.G.A., relating to pharmacists and pharmacies, so as to authorize certain healthcare practitioners to prescribe or dispense glucagon to an authorized entity for emergency purposes; to provide for related matters; to repeal conflicting laws; and for other purposes. Status: Enacted on April 13, 2023. Comments: From submitter: Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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EDUCATION

Tennessee

02-44-02

An Act to amend Tennessee Code Annotated, Title 49, relative to military children Senate Bill 317

Summary: This bill extends the benefits and opportunities provided to children of active-duty members of the uniformed services in the Interstate Compact on Educational Opportunity for Military Children to school-aged children in the household of a member of any reserve component of the armed forces of the United States, including members of the Tennessee army and air national guard who are enrolled in any of the grades K-12. Status: Enacted on April 17, 2023. Comments: From submitter: The Interstate Commission on Educational Opportunity for Military Children (the Compact), whose administrative body is known as the Military Interstate Children’s Compact Commission (MIC3), is an interstate compact that supports successful educational transitions for militaryconnected students. Interstate compacts are contractual agreements between states, written into statute, that allow state governments to work collaboratively when addressing issues or concerns across boundaries. While compacts are effective mechanisms for solving interstate problems without resorting to federal legislation, they are limited by the scope of their statutes. MIC3 General Counsel advises, “Based on current information, new state legislation enacted outside the Compact in interested member states providing identical benefits to NGR members is likely to be the most efficient way forward as this solution is scalable, legally sound, and would have a uniform impact.” See the following link to the Legislative Toolkit developed by MIC3 to assist states in drafting language to meet the objective: https://mic3.net/wp-content/uploads/2023/01/NGR-Toolkit-.pdf. Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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EDUCATION

Utah

02-44-03

School Mental Health Screenings House Bill 403

Summary: This bill defines "non-participating LEA" (non-participating local education agency); requires an LEA to determine whether the LEA will be a participating or non-participating LEA; requires a non-participating LEA to report each year whether the LEA will change or maintain the LEA's participation status; amends participating LEA mental health screening and parental notification requirements; amends the annual mental health screening report requirements for the State Board of Education; and amends the uses for which an LEA may use State Board of Education funds and when the board may distribute those funds. Status: Enacted on March 14, 2023. Comments: From submitter: This is a more comprehensive approach to school mental health screenings that increases transparency and supports critical follow-up care. Staff Note: Recommend considering with preceding bill; see notes above. Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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EDUCATION

Idaho

02-44-04

Idaho Launch Grant Program House Bill 24

Summary: The legislation expands the existing Idaho Launch Program to high school graduates starting with the Class of 2024. Eligible graduates can receive a grant of $8,500 to be redeemed at an Idaho technical program, community college, or college of their choice. However, preference will be given to students pursuing in-demand careers based on job market data. Status: Enacted on March 28, 2023. Comments: From submitter: Workforce Savings Accounts - this bill acts in tandem with SB 1167. Staff Note: Consider in tandem with SB 1167 (provided below). Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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EDUCATION

Idaho

02-44-05

Revises Legislative Intent of HB 24 – Idaho Launch Senate Bill 1167

Summary: This is a “trailer” bill, part of the Idaho Launch program, a multimillion-dollar postsecondary career incentives plan. The companion bills would allow high school graduates to receive up to $8,000 to attend community college, pursue a career-technical education certificate or complete workforce training. This bill tightens the scope of the Launch program in several ways. It reduces the program cost from $102 million to a projected $80 million. It caps student incentives at $8,000 and requires students to pay for at least 20% of their education costs. It forbids students from putting Launch money toward a four-year degree — but keeps intact the state Opportunity Scholarship, which is geared for students seeking a college degree. It also requires the Workforce Development Council to submit annual legislative reports on Idaho Launch. Status: Enacted on April 4, 2023. Comments: From submitter: This bill should be considered in tandem with HB 24 (provided above). Staff Note: HB 24 is the original Launch bill. Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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EDUCATION 02-44-06

Kentucky Establishes the career scholarship account program House Bill 1002

Summary: Establishes the: (1) career scholarship account program (CSA program); (2) career scholarship account program fund; (3) career scholarship account administration fund; (4) career scholarship account donation fund; (5) connecting students with careers fund; (6) teacher higher education and industry collaboration grant program and fund; (7) career coaching grant fund; and (8) intermediary capacity building fund. Provides that the department of education (department), in consultation with the commission for higher education (commission), shall designate and approve a course sequence, career course, modern youth apprenticeship, apprenticeship, or program of study for grants under the CSA program. Provides for revocation of the approval if the sequence, course, modern youth apprenticeship, apprenticeship, or program of study fails to achieve an adequate outcome, as determined by the department, in consultation with the commission. Establishes eligibility requirements to participate in the CSA program. Provides that the commission may approve participating entities that meet certain requirements to participate in the CSA program. Provides that grant amounts that career scholarship students receive are not included in adjusted gross income for tax purposes. Provides that, beginning July 1, 2024, certain school corporations shall include instruction for all students regarding career awareness. Provides that the state board of education (state board), in consultation with the commission, shall create certain standards for a career awareness course. Requires the department to collect and aggregate certain data. Requires the department to publish on the department's website a list of skill competencies identified by certain approved participating entities. Requires the state board, in consultation with the department, to establish new high school diploma requirements. Removes a provision that provides that a student who satisfies an Indiana diploma with a Core 40 with academic honors designation through a certain alternative course shall not count toward a school's honor designation award. Requires the commission to create a list of approved intermediaries, employers, and labor organizations. Requires certain high school and college students to meet with an approved postsecondary educational institution, an intermediary, an employer, or a labor organization. Requires certain committed offenders to meet with an intermediary, employer, or labor organization. Provides that during each school year, a public high school must hold at least one career fair during regular school hours. Amends requirements for certification of qualified education programs by INvestED Indiana. Repeals certain provisions in law regarding a comprehensive navigation and coaching system and career coaching grant fund and requires the commission to: (1) develop and implement a comprehensive career navigation and coaching system for Indiana; and (2) award grants from the career coaching grant fund to certain eligible entities to establish or implement comprehensive career navigation and coaching systems. Provides that the department shall approve career coaching providers for the purpose of eligibility for a career coaching grant. Provides that the commission shall receive, distribute, and account for all funds received for career and technical education under the Carl D. Perkins Vocational and Applied Technology Act. Requires the department to establish and maintain an online platform that allows teachers to access and share information regarding connecting daily classroom lessons with innovations in workplace practices and postsecondary education

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research. Repeals provisions relating to the industry collaboration certification program. Repeals and replaces a definition of "participating entity" with "ESA participating entity.” Status: Enacted on May 4, 2023. Comments: From submitter: Indiana and Idaho are doing these - Wyoming is building a fund to administer workforce savings accounts. Trending opportunity to support students as they pursue career pathways outside of the college/university sphere. Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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EDUCATION

Nevada

02-44-07

Student Loan Borrower Bill of Rights Assembly Bill 332

Summary: This bill establishes protections for education loan borrowers by requiring loan servicers to be licensed and adhere to standards of conduct preventing predatory lending practices against Nevada's most vulnerable students. Status: Enacted on June 14, 2023. Comments: From submitter: Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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ENVIRONMENT 03-44-01

California Reduction of human remains and the disposition of reduced human remains Assembly Bill 351

Summary: California will begin allowing an alternative burial method known as human composting in 2027. Assembly Bill 351 will create a state regulatory process for natural organic reduction, a method in which human remains naturally decompose over a 30-to-45-day period after being placed in a steel vessel and buried in wood chips, alfalfa and other biodegradable materials. The nutrientdense soil created by the process can then be returned to families or donated to conservation land. Status: Enacted on Sept. 18, 2022. Comments: From submitter: Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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GOVERNMENT 04-44-01

Virginia Local government hiring; people with disabilities House Bill 710

Summary: Requires any locality to take into consideration or give preference to an individual's status as a person with a disability in its employment hiring policies and practices, provided that such person with a disability meets all of the knowledge, skills, and eligibility requirements for the available position. Status: Enacted on April 11, 2022. Comments: From submitter: This is a unique, innovative yet replicable policy that requires localities to take into consideration the veteran status and/or disability status of applicants in hiring. Most bills tend to prioritize one over the other (veteran or disabled) or just disabled veterans but not others with disabilities. This is an emerging best practice for increasing disability and veteran representation in local government jobs and a strategy to help states deal with workforce shortages in the state government by tapping into populations that are participating in the labor force at a significantly less rate than that of their peers. Other State Examples: People with Disabilities

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In Arizona, under Ariz. Rev. Stat. §38-492, individuals with disabilities are given a five-point preference on examinations, provided the individual would receive a passing grade without preference.

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Colorado enacted SB 095 (2021), which establishes a hiring preference pilot program with the Department of Labor and Employment.

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Kansas Governor Brownback issued Executive Order 15-02 (2015), establishing a hiring preference for individuals with physical, cognitive and/or mental disabilities and requiring that all state executive branch agencies institute a system for giving hiring preference to individuals with disabilities.

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Montana, under ARM 2.21.14, requires that individuals with disabilities be hired over individuals without disabilities when the two are substantially equal in qualifications for an eligible initial hiring position.

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Utah enacted HB 139 (2021), which amends provisions related to hiring principles for, among others, individuals with disabilities relating to minimum qualification standards, job descriptions and job postings, and comparable experience.

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Virginia enacted HB 710 (2022), which requires any locality to take into consideration or give preference to an individual's status as a person with a disability in its employment hiring policies and practices, provided that such person with a disability meets all of the knowledge, skills and eligibility requirements for the available position.

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Disabled Veterans 

In Arizona, under Ariz. Rev. Stat. §38-492, individuals with disabilities are given a five-point preference on examinations, provided the individual would receive a passing grade without preference. Individuals with disabilities who are also veterans receive a 10-point preference.

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Florida enacted HB 541/SB 922 (2021), which authorizes state and political subdivisions to revise lists of positions that are exempt from veterans' preference requirements; requires each political subdivision to develop and implement veterans' recruitment plan; and modifies point preferences given to veterans and their family members when numerically based selection process is used for hiring.

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Nevada enacted AB 309 (2017), which — in addition to providing preference points of veterans, widows and widowers of persons killed in the line of duty while on active duty and widows and widowers of veterans — directs the appointing authority of a state agency to interview a veteran with a service-connected disability who is so certified and is a qualified applicant for the position.

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Oregon enacted SB 184 (2021), which modifies laws related to preferences given to veterans in public employment.

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In South Dakota, under SB 90 (2015), school districts are required to provide veterans a preference in appointment, employment and promotion. The legislation provides that a veteran who has a service-connected disability shall be given a preference over a nondisabled veteran in relation to all public departments and subdivisions and upon all public works of this state and of the counties, municipalities and school districts of this state.

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Wisconsin enacted AB 441 (2016), which establishes the Wisconsin Veterans Employment Initiative and creates the Council on Veterans Employment. It requires the Council to advise and assist the Governor and state agencies with the recruitment and employment of veterans, especially those a with service-connected disability rating, to increase veteran employment in state government.

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Wyoming enacted SF 53 (2017), which provides to veterans and surviving spouses of veterans an advantage of five percent when a public department uses a numerical scoring system prior to the interview process and ten percent for disabled veterans. When a public department does not use a numerical scoring system, the advantage given must reasonably approximate the five or ten percent advantage.

Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Page 39 of 77

GOVERNMENT 04-44-02

Mississippi The Uncrewed Aircraft Systems Rights and Authorities Act Senate Bill 2146

Summary: This measure regulates the usage of uncrewed aircraft systems (UAS), or drones, at the state level. Specifically, this measure codifies federal preemption of the airspace, creating a safe and supportive regulatory environment for drones. It also applies civil and criminal liability to individuals who commit criminal acts with the aid of a drone, addressing common citizen and legislator concerns. Status: Enacted on March 3, 2023. Comments: From submitter: Current Issue of Significance: The commercial drone market is expected to reach $16 billion by 2025 and $29 billion by 2030, with the potential to add thousands of jobs across the country. Drones are used by States in public response efforts, infrastructure inspections, and offer economic benefits through the development of a new commercial industry. States are seeing these benefits and considering related legislation. According to NCSL, at least 44 states have enacted laws addressing drones since 2013. Benefit to Bill Drafters: This measure ensures States are regulating drones as to what is within their authority, preventing any issues of preemption or issues of legality. Additionally, it protects against the most raised issues around drone use (privacy, trespass, delivery of contraband) while allowing States to utilize existing code. Clear and Innovative Approach: Developed by analyzing the current federal regulatory structure around drones and with language pulled from enacted measures across all fifty states, this first of its kind legislative framework is both federally and state approved. Further, built to be customizable, the Act can adjust to all laws that may be on the books in each respective State. Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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HEALTH

Washington

05-44-01

Requiring school districts and other public education entities to make information from the department of health available House Bill 1230

Summary: This bill requires the State Department of Health to post on its website and periodically revise information about secure storage of firearms and ammunition, as well as substance use trends and secure storage of medications. The template information must include format and content options that schools and school districts may use to reflect regional, demographic, and cultural differences. Requires school districts that maintain websites to post a prominent link to the information provided by the Department of Health about secure firearm storage. Districts must also make the information accessible through other internet-based communications, such as social media accounts, at least two times per year. Status: Enacted on July 23, 2023. Comments: From submitter: Current Issue of Significance: Guns are the leading cause of death among children and teens and 5.4 million children live in homes with unsecured firearms. Every year, 350 children gain access to a firearm and unintentionally shoot themselves or someone else; 70% of unintentional shootings by children take place inside a home. The U.S. Secret Service found that 75% of school shooters acquired their firearm from the home of a parent or close relative. Benefit to Bill Drafters: Secure firearm storage is one of the most effective tools to protect children from school shootings, unintentional shootings, and gun suicide. This bill creates a template for legislators to aid parents and educators in their efforts to keep children safe, and can also be an opportunity for a state to better educate the public about their legal responsibility to store guns securely, helping to enforce existing law and making it more likely gun owners will take steps to lock up their weapons. Clear and Innovative Approach: This bill creates an innovative, reasonable, and proactive roadmap to promote responsible gun ownership and educate parents on the effectiveness of secure firearm storage, in turn helping schools to break the cycle of gun violence. Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Page 41 of 77

HEALTH

Colorado

05-44-02

Access to Medicaid Mental Health Care Senate Bill 23-174

Summary: Promotes school mental health screenings while allowing local choice; requires local education agencies (LEAs) to identify whether they are opting in or out; provides funds to LEAs who opt-in to screening to assist parents in accessing follow-up mental health services. Status: Enacted on May 20, 2023. Comments: From submitter: This is a more comprehensive approach to school mental health screenings that increases transparency and supports critical follow-up care. Staff Note: Recommend considering in tandem with following bill; operationally similar/similar intent. Same individual submitted both bills and left the same comments for both. Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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HEALTH

Colorado

05-44-03

Behavioral Health Workforce Pipeline Senate Bill 22-181

Summary: Requires the Behavioral Health Administration (BHA) to create and implement a comprehensive, multi-faceted behavioral healthcare provider workforce development plan and includes allocations to implement, including funding to support peer support professionals. Status: Enacted on June 8, 2022. Comments: From submitter: Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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HEALTH

Missouri

05-44-04

Creates new provisions relating to vulnerable persons Senate Bill 24

Summary: The act repeals a provision in SS/HB 402 (2023) relating to voluntary nonopioid directive forms and replaces it with a new provision relating to advancing health care directives. Specifically, the Department of Health and Senior Services is required to include on its website an advance health care directive form and directions for completing this form. Status: Enacted on Aug. 28, 2023. Comments: From submitter: This year, we worked on legislation that would create an advanced directive for patients to choose how to have their pain managed, if the option is safely available. This would deter providers from issuing opioids when pain can be mitigated another way. The original language, which you will find redacted in the bill was pointed out to be duplicative in the State of Missouri. This is due to the Department of Health and Senior Services already having a template advanced directive form that is utilized in all health care settings across the state. In order to make this a more efficient process, we changed the language to ensure this advanced directive template includes an option for voluntary non-opioid use. Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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HEALTH

Virginia

05-44-05

State plan for medical assistance services; telemedicine; in-state presence House Bill 1602

Summary: Establishes that health care providers are not required to maintain a physical presence in the Commonwealth to maintain eligibility to enroll as a Medicaid provider. Additionally, the bill establishes that telemedicine services provider groups with health care providers duly licensed by the Commonwealth are not required to maintain an in-state service address to maintain eligibility to enroll as a Medicaid vendor or Medicaid provider group. Status: Enacted on March 21, 2023. Comments: From submitter: This bill is identical to SB 1418. Similar legislation passed in KY, TN and IN this session:   

KY HB 311 TN HB 895/ SB 680 IN HB 1352

Included on Page 18, CSG Capitol Ideas | Issue 2 | 2023 Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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HEALTH 05-44-06

Colorado Health Care Billing Requirements for Indigent Patients House Bill 21-1198

Summary: Beginning June 1, 2022, a health-care facility shall screen each uninsured patient for eligibility for public health insurance programs, discounted care through the Colorado indigent care program (CICP), and discounted care as described in the act. Health-care facilities shall use a single uniform application developed by the department of health care policy and financing (department) when screening a patient. If a health-care facility determines a patient is ineligible for discounted care, the facility shall provide the patient notice of the determination and an opportunity for the patient to appeal the determination. Beginning June 1, 2022, for emergency and other non-CICP health-care services provided to patients qualified for public health insurance or discounted care, a health-care facility and licensed health-care professional shall limit the amounts charged to not more than the discounted rate established by the department; collect amounts charged in monthly installments such that a patient is not paying more than 4% of the patient's monthly household income on a bill from a health-care facility and not paying more than 2% of the patient's monthly household income on a bill from each licensed health-care professional; and after a cumulative 36 months of payments, consider the patient's bill paid in full and permanently cease any and all collection activities on any balance that remains unpaid. Beginning June 1, 2022, a health-care facility shall make information about patient's rights and the uniform application for discounted care available to the public and to each patient. Beginning June 1, 2023, and each June 1 thereafter, each health-care facility shall report to the department data that the department determines is necessary to evaluate compliance across patient groups based on race, ethnicity, age, and primary language spoken with the required screening, discounted care, payment plan, and collections practices. No later than April 1, 2022, the department shall develop a written explanation of a patient's rights, make the explanation available to the public and each patient, and establish a process for patients to submit a complaint relating to noncompliance with the requirements. The department shall periodically review health-care facilities and licensed health-care professionals (hospital providers) to ensure compliance, and the department shall notify the hospital provider if the hospital provider is not in compliance that the hospital provider has 90 days to file a corrective action plan with the department. A hospital provider may request up to 120 days to submit a corrective action plan. The department may require a hospital provider that is not in compliance to develop and operate under a corrective action plan until the department determines the hospital provider is in compliance. The act implements fines for hospital providers if the department determines the hospital provider's noncompliance is knowing or willful. Beginning June 1, 2022, the act imposes requirements on hospital providers before assigning or selling patient debt to a medical creditor or before pursuing any permissible extraordinary Page 46 of 77

collection action and imposes fines for any hospital provider that fails to comply with the requirements. Beginning June 1, 2022, a medical creditor shall not use impermissible extraordinary collection actions to collect debts owed for hospital services. A medical creditor may engage in permissible extraordinary collection actions 182 days after the patient receives hospital services. At least 30 days before taking any permissible extraordinary collection action, a medical creditor shall notify the patient of potential collection actions and shall include with the notice a statement that explains the availability of discounted care for qualified individuals and how to apply for such care. If a patient is later found eligible for discounted care, the medical creditor shall reverse any permissible extraordinary collection actions. Beginning June 1, 2022, a medical creditor shall not sell a medical debt to another party unless, prior to the sale, the medical debt seller has entered into a legally binding written agreement with the medical debt buyer in which certain terms are agreed to. The medical debt seller shall indemnify the medical debt buyer for any amount paid for a debt that is returned to or recalled by the medical debt seller. Beginning June 1, 2022, the department shall promulgate rules prohibiting hospitals from considering assets when determining whether a patient meets the specified percentage of the federal poverty level for CICP and ensuring the method used to determine whether a patient meets the specified percent is uniform across hospitals. Status: Enacted on July 6, 2021. Comments: From submitter: Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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HEALTH

New Mexico

05-44-07

Organ Donation Discrimination / Glory’s Law Senate Bill 0071

Summary: This bill prohibits discriminating against organ donor recipients based solely on mental or physical disability. Status: Enacted on March 16, 2023. Comments: From submitter: Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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HEALTH

Minnesota

05-44-08

Gender-affirming health care; use of subpoenas to gather information prevented; child custody and child welfare provisions amended HF 146

Summary: The bill prohibits the enforcement of a court order for removal of a child or enforcement of another state’s law being applied in a pending child protection action in Minnesota when the law of another state allows the child to be removed from the parent or guardian for receiving medically necessary health care or mental health care that respects the gender-identity of the patient. Status: Enacted on April 27, 2023. Comments: From submitter: Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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HEALTH

Nevada

05-44-09

Dignity for Incarcerated Women Assembly Bill 292

Summary: The bill ensures access to necessary medical and reproductive care for incarcerated women in the state, including but not limited to menstrual products. Status: Enacted on June 16, 2023. Comments: From submitter: Requiring the Department of Corrections to adopt certain regulations relating to the care of women who are in the custody of the Department; requiring the warden of an institution or manager of a facility to adopt policies relating to conduct between male correctional officers and women who are incarcerated; requiring the warden of an institution or manager of a facility to adopt policies relating to the care of a pregnant offender; requiring the Department to develop and adopt certain policies and regulations relating to the care of a pregnant offender; requiring a correctional officer to submit a written report if restraints are used on a pregnant offender; and providing other matters properly relating thereto. Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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HEALTH

Nevada

05-44-10

Protections for Trans Incarcerated Individuals Senate Bill 153

Summary: This bill requires the Nevada Department of Corrections to create rules regarding the care and treatment of transgender, gender non-confirming, and intersex incarcerated persons. Status: Enacted on May 31, 2023. Comments: From submitter: Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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HEALTH

Nevada

05-44-11

Coverage for Gender Affirming Care Senate Bill 163

Summary: Existing law requires public and private policies of health insurance regulated under Nevada law to include certain coverage. Existing law also requires employers to provide certain benefits for health care to employees, including the coverage required of health insurers, if the employer provides health benefits for its employees. (NRS 608.1555) Sections 1.3, 3, 4, 6, 7, 8, 11, 13, 14 and 15 of this bill: (1) require certain public and private policies of health insurance and health care plans, including Medicaid, to cover the treatment of conditions relating to gender dysphoria and gender incongruence; (2) authorize those policies and plans to prescribe requirements that must be satisfied before the insurer will cover surgical treatment for conditions relating to gender dysphoria or gender incongruence for persons who are less than 18 years of age; and (3) require an insurer to consult with a provider of health care with experience in prescribing or delivering gender-affirming treatment when considering certain appeals of a denial of coverage. Sections 1.6, 3.6, 4.6, 6.6, 7.6, 8.6, 11.6 and 15.6 of this bill prohibit an insurer from engaging in certain discrimination on the basis of gender identity or expression. Sections 2, 5, 9 and 12 of this bill make conforming changes to indicate the proper placement of sections 1.3, 1.6, 4, 4.6, 8, 8.6, 15 and 15.6 in the Nevada Revised Statutes. Section 10 of this bill authorizes the Commissioner of Insurance to suspend or revoke the certificate of a health maintenance organization that fails to comply with the requirements of sections 8 and 8.6. The Commissioner would also be authorized to take such action against other health insurers who fail to comply with the requirements of sections 1.3, 1.6, 3, 3.6, 4, 4.6, 6, 6.6, 7, 7.6, 11 and 11.6. (NRS 680A.200) Sections 16 and 17 of this bill make appropriations to the Division of Health Care Financing and Policy of the Department of Health and Human Services and authorize certain related expenditures for: (1) the costs of providing the coverage under Medicaid required by section 15; and (2) certain other costs associated with carrying out the provisions of this bill. Status: Enacted on June 13, 2023. Comments: From submitter: Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Page 52 of 77

HEALTH

Nevada

05-44-12

Adolescent Access to Preventative Care Senate Bill 172

Summary: This bill authorizes a minor to consent to healthcare services related to the prevention of sexually transmitted diseases and the dispensing of contraceptives without parental involvement Status: Enacted on June 5, 2023. Comments: From submitter: Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

Page 53 of 77

JUSTICE

Washington

06-44-01*

An Act relating to promoting successful reentry and rehabilitation of persons convicted of criminal offenses House Bill 1818

Summary: The bill promotes successful reentry and rehabilitation of persons convicted of criminal offenses via the provision of housing vouchers for six months following release from the Department of Correction’s custody. Status: Enacted on March 11, 2022. Comments: From submitter: Formerly incarcerated people are seven times more likely to be homeless than those who were not incarcerated, which places them at greater risk. The Washington State Legislature enacted House Bill 1818: Promoting Successful Reentry and Rehabilitation of Persons Convicted of Criminal Offenses, which provides housing vouchers for six months for formerly incarcerated people leaving the Department of Correction’s custody. Staff Note: Deferred for research. Minutes highlight: 

Is it possible for CSG staff to do some research – how many states provide vouchers?



Mechanics of how this works; if voucher is worth money or if state pays on monthly basis



Instruct CSG staff to do memo & share with full committee



Look at HUD voucher for people (state level & state money) – how many states do it?

Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

Page 54 of 77

JUSTICE

California

06-44-02*

Criminal Procedure Assembly Bill 124

Summary: Current law allows an individual who is arrested or convicted of an offense that is directly related to being a victim of human trafficking to request that any penalty be voided. This bill would extend that opportunity to victims of intimate partner violence. The bill also requires prosecutors in plea bargaining to consider the impact of defendant experience as a victim of human trafficking or intimate partner violence. Status: Enacted on Oct. 8, 2021. Comments: From submitter: Staff Note: Deferred for research. Minutes highlight: 

Clarification about summary – amendment to include victims of intimate partner violence.



Motion to defer — get info about where info is located in bill.

SECTION 1. Section 236.15 is added to the Penal Code, to read: 236.15. (a) If a person was arrested for or convicted of any nonviolent offense committed while the person was a victim of intimate partner violence or sexual violence, the person may petition the court for vacatur relief of their convictions and arrests under this section. The petitioner shall establish, by clear and convincing evidence, that the arrest or conviction was the direct result of being a victim of intimate partner violence or sexual violence. Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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JUSTICE

Virginia

06-44-03

Organized retail theft; establishes as a crime, report, penalty Senate Bill 1396

Summary: The bill defines Organized Retail Crime and establishes increased penalties, including classifying Organized Retail Theft as a class 3 felony crime, the ability to aggregate charges, and updated RICO statute to include Petty Larceny. The bill also established the Organized Retail Crime Fund to be administered by the Attorney General for broader enforcement and prosecution. This includes awarding grants to attorneys and law-enforcement agencies to investigate, indict, and prosecute violations of organized retail theft and associated fraud and property crimes. Status: Enacted on March 23, 2023. Comments: From submitter: In late 2022, the Office of the Virginia Attorney General conducted an Organized Retail Crime Workgroup that included leadership from the Virginia General Assembly, state and local law enforcement, and a broad group of industry stakeholders. VA HB 1885 includes the recommendations from this Workgroup. Per the National Retail Federation’s 2023 Study (linked here) Organized retail crime (ORC) is a perpetual and burgeoning problem for the U.S. retail industry, and evidence suggests it is growing in both scope and complexity. ORC has a parasitic relationship to the economy and society, and its effects extend beyond direct financial costs to the retail industry and the public sector, as ORC presents potential public health and security risks to consumers and communities across the United States. Due to this, we have also seen an uptick in state legislation to both combat and proactively prevent ORC. Virginia’s model is unique in that it addresses both, receiving bipartisan support in the legislature. This bill is identical to VA HB 1885. Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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JUSTICE

Colorado

06-44-04

Uniform Unregulated Child Custody Transfer Act House Bill 1157

Summary: In some cases, parents find that after the birth or adoption of their child, they experience considerable difficulty in caring for their child. This sometimes leads to families transferring custody of the child to another person outside of the courts and the child welfare system. Without specific regulations directed at these types of unregulated transfers, a transfer of custody might go unnoticed within the child welfare system. The Uniform Unregulated Child Custody Transfer Act provides states with a uniform legal framework to prohibit unregulated child custody transfers. An unregulated child custody transfer is a transfer by a parent or guardian of a child or an individual with whom a child has been placed for adoption that is performed without state agency or court oversight that assures the new custodian is safe and appropriate for the child. The act also requires child-placing agencies to provide prospective adoptive parents with important information and guidance regarding adoptions that have a heightened degree of risk for a disruption or dissolution. Status: Enacted on April 17, 2023. Comments: From submitter: In late 2013, a Reuters’ investigation on the practice of parents “rehoming” their adopted children through online forums resulted in public outcry. This practice, which is more formally known as the unregulated transfer of custody of children, occurs in the shadows of child welfare oversight. While the extent of the practice is impossible to determine precisely, reported cases suggest that it occurs throughout the United States. Unregulated custody transfers are a dangerous practice that place vulnerable children at risk of harm. Currently, there is limited authority for state and local child protection authorities across the country to take action in response to reports of unregulated child custody transfers and there are widely varying responses from state to state when an unregulated child custody transfer situation is reported. Removing this barrier is critical to current and future efforts to stop unregulated child custody transfers. The Uniform Unregulated Child Custody Transfer Act is drafted in a clear, comprehensive manner and will require little extra work from a bill drafter to make it ready for introduction in a state legislature. The act has been enacted in Colorado, Utah, and Washington. Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject Page 57 of 77

JUSTICE

Maryland

06-44-05

Juvenile Offenses on Military Installations Senate Bill 115

Summary: This bill establishes that the jurisdiction of the juvenile court is concurrent with a federal court sitting in the State over proceedings involving a violation of federal law committed by a child on a military installation of the U.S. Department of Defense if (1) the federal court waives exclusive jurisdiction and (2) the violation of federal law is also a crime under State law. Status: Enacted on May 16, 2023. Comments: From submitter: Key Message: Exclusive federal jurisdiction on military installations can send juveniles through an adult judicial system. Access to state juvenile and family courts may allow for more suitable outcomes. State lawmakers can remove these barriers and pursue solutions that support military families. The broader mission to support children, youth and families remains a high-priority item for the Defense Department. Clarifying that state and local authorities may assert jurisdiction over juveniles on military installations — in areas of exclusive federal legislative jurisdiction — enables state law authorities to enforce laws on base with respect to civilian family members. Between one-half and three-fourths of active/reserve installations may require legislation to change statutory jurisdiction, retrocede exclusive jurisdiction or provide authority to support memorandums of understanding for concurrent oversight of juvenile offenses. Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

Page 58 of 77

JUSTICE

Utah

06-44-06

Investigative Genetic Genealogy Senate Bill 156

Summary: This bill defines and modifies terms; establishes requirements that a law enforcement agency is required to meet in order to: request an investigative genetic genealogy service or a genetic genealogy database utilization from a genetic genealogy company or the Bureau of Forensic Services; and obtain and process a third-party DNA specimen for information regarding the third-party individual's potential biological relatives; provides limitations on: arrests and charges based on certain types of genetic information; and uses of certain genetic information; establishes procedural requirements for retention and destruction of certain types of genetic information; establishes remedies for certain law enforcement investigation violations; establishes law enforcement reporting requirements for certain investigative genetic genealogy database utilizations; requires the State Commission on Criminal and Juvenile Justice to receive, compile, and publish data concerning certain law enforcement genetic genealogy utilizations; creates provisions concerning postconviction relief involving an investigative genetic genealogy service or a genetic genealogy database utilization; and makes technical and conforming changes. Status: Enacted on March 23, 2023. Comments: From submitter: This bill establishes guidelines for law enforcement to follow when commencing an investigative genetic genealogy (IGG) search. It is the product of a broad stakeholder process that included privacy experts from leading universities, IGG experts, DTC genetic testing services, and advocates for the wrongly accused. Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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JUSTICE

Florida

06-44-07

Investigative Genetic Genealogy Information and Materials House Bill 1327

Summary: Provides an exemption from public records requirements for investigative genetic genealogy information and materials; authorizing the disclosure of such information and materials in certain circumstances; provides retroactive application; provides for future legislative review and repeal of the exemption. Status: Enacted on June 16, 2023. Comments: From submitter: This bill excludes from public record information about individuals whose information may have been used in an investigative genetic genealogy (IGG) search who are not implicated in the crime being investigated. IGG searches involve mapping a family tree from known genetic relatives to DNA samples of suspects that are discovered at crime scenes. While this is an important investigative tool, protecting the information about the identities of individuals mapped in the family tree who are not implicated in the crime is important in order to not deter individuals from voluntarily providing information for these searches. Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

Page 60 of 77

JUSTICE

Minnesota

06-44-08

Democracy for the People Act HF 3

Summary: The legislation protects the freedom to vote and ensures fair and inclusive democracy for all Minnesotans. The bill removes language barriers by requiring voting instructions and ballots to be provided in non-English languages. The act also creates automatic voter registration and allows 16- and 17-year-olds to pre-register to vote. The bill also allows all Minnesota voters to choose to vote by mail on a permanent absentee ballot list. Additionally, the bill creates penalties for spreading false information about voting 60 days before an election and protects voters and election officials from harassment. An individual convicted of interfering with a person registering to vote or casting a ballot could face a gross misdemeanor or be sued. Status: Enacted on May 5, 2023. Comments: From submitter: Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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JUSTICE

California

06-44-09

Prohibition on Penalties Against Tenants and Landlords for Law Enforcement Contact or Emergency Services Assembly Bill 1418

Summary: Existing law prohibits a local agency from authorizing or requiring the imposition of a penalty against a resident, owner, tenant, landlord, or other person as a consequence of law enforcement or emergency assistance being summoned by certain individuals, including a victim of abuse or crime, as specified. This bill prohibits a local government from, among other things, imposing a penalty against a resident, owner, tenant, landlord, or other person as a consequence of contact with a law enforcement agency, as specified. The bill similarly prohibits a local government from requiring or encouraging a landlord to evict or penalize a tenant because of the tenant’s association with another tenant or household member who has had contact with a law enforcement agency or has a criminal conviction or to perform a criminal background check of a tenant or a prospective tenant. The bill preempts inconsistent local ordinances, rules, policies, programs, or regulations and prescribe remedies for violations. Status: Enacted on Oct. 8, 2023. Comments: From submitter: Supporters of AB 1418 include housing rights groups and criminal justice groups, including the National Housing Law Project and Root & Rebound. They say the bill will put an end to a practice that disproportionately impacts Black and Latino households and makes it more difficult for them to find and remain in affordable housing. Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

Page 62 of 77

JUSTICE

Nevada

06-44-10

Treatment of Incarcerated Individuals Assembly Bill 121

Summary: This bill requires facilities to provide incarcerated people with their physical mail, alert family members of critical medical conditions, and ensure timely delivery of prescriptions. The focus of AB121 is supporting the physical and mental health of people incarcerated in prisons and jails by strengthening connections and bonds with families. Status: Enacted on Oct. 2, 2023. Comments: From submitter: Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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JUSTICE

Nevada

06-44-11

In-Jail Voting Assembly Bill 286

Summary: This bill requires the person who administers each county or city jail to establish a policy that ensures a person who is detained in a county or city jail is able to vote in any election and register to vote. Status: Enacted on June 16, 2023. Comments: From submitter: Prior to the passage of AB218, while not prohibited, it was the responsibility of the individual to have the information to register themselves & know when elections are while being detained. In Nevada, 69% of people are detained pre-trial, meaning this bill will ensure that the majority of those currently in Nevada jails will be directly provided with the access and information needed to cast their vote during the voting period. Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

Page 64 of 77

JUSTICE

Nevada

06-44-12

Missing and Murdered Indigenous Women Assembly Bill 125

Summary: Existing law requires each state agency that communicates with Indian tribes on a regular basis to designate a tribal liaison whose duties include maintaining ongoing communication between the state agency and affected Indian tribes. (NRS 233A.260) Section 2 of this bill requires the tribal liaison for the Department of Public Safety to also maintain ongoing communication related to missing or murdered indigenous persons between the Department and: (1) Indian tribes and tribal communities in this State; (2) tribal organizations; (3) urban Indian organizations; (4) other tribal liaisons designated by state agencies; and (5) nongovernmental entities that provide services to women who are members of Indian tribes. Existing law requires each sheriff, chief of police or other law enforcement agency which receives a report of a person missing under suspicious circumstances who is 18 years of age or older to enter the information concerning the missing person into the computer for the National Crime Information Center. (NRS 480.500) Section 3 of this bill authorizes the Department to: (1) accept a report of a person who is 18 years of age or older and missing under certain circumstances from an Indian reservation or Indian colony that is located in whole or in any part of this State; and (2) enter the information concerning the missing person into the computer for the National Crime Information Center. Section 3.5 of this bill requires each sheriff, chief of police or other law enforcement agency that receives a report that an indigenous person who is 18 years of age or older is missing from an Indian reservation or Indian colony that is located in whole or in part in this State to notify: (1) the Missing and Murdered Unit within the Office of Justice Services of the Bureau of Indian Affairs; (2) a person employed as a police officer by the Indian tribe having jurisdiction over the Indian reservation or Indian colony from which the person is missing; or (3) the tribal liaison for the Department. Section 4.5 of this bill makes an appropriation to the Investigation Division of the Department for personnel, travel, operating, equipment and information services expenses to carry out the provisions of this bill. Status: Enacted on June 9, 2023. Comments: From submitter: Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle Page 65 of 77

( ) Reject

Page 66 of 77

JUSTICE

Michigan

06-44-13

Extreme Risk Protection Order Act Senate Bill 83

Summary: This bill allows specified individuals, such as a spouse or family member, to request that a circuit court enter an extreme risk protection order for an individual. If the court determines the individual poses a significant risk of personal injury to himself or herself or others by possessing a firearm, the extreme risk protection order would prohibit the restrained individual from possessing or purchasing a firearm, among other prohibitions, while the order is in effect. Status: Enacted on May 23, 2023. Comments: From submitter: Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

Page 67 of 77

TECHNOLOGY 07-44-01

New Jersey 21st Century Integrated Digital Experience Act Bill A2614

Summary: The act requires the Office of Information Technology and certain state agencies in the executive branch to provide citizens with a modern digital experience by developing agencyspecific plans to update the platforms through which these agencies provide services to businesses and members of the public. Status: Enacted on Jan. 18, 2022. Comments: From submitter: Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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TECHNOLOGY 07-44-02

Connecticut Connecticut Data Privacy Act Senate Bill 6

Summary: The CTDPA gives Connecticut residents certain rights over their personal data and establishes responsibilities and privacy protection standards for data controllers that process personal data. It protects a Connecticut resident acting in an individual or household context, such as browsing the Internet or making a purchase at a store. It does not protect an individual acting in an employment context, such as applying for a job. Status: Enacted on July 1, 2023. Comments: From submitter: We amended the bill and strengthened the data privacy protections with SB 3 of 2023. I would combine the two bills: 2022 SB 6 and 2023 SB 3 to make one comprehensive data privacy bill. Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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TECHNOLOGY 07-44-03

Florida Digital Bill of Rights Senate Bill 262

Summary: The newly created Digital Bill of Rights includes: 

The right to control personal data, including the right to confirm, access, and delete your personal data from a social platform;



The right to know that your personal data will not be used against you when purchasing a home, obtaining health insurance, or being hired;



The right to know how internet search engines manipulate search results;



The right to opt out of having personal data sold; and



The right to protect children from personal data collection.

Status: Enacted on June 6, 2023. Comments: From submitter: Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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TECHNOLOGY 07-44-04

Texas Texas Data Privacy and Security Act House Bill 4

Summary: Regulation of the collection, use, processing, and treatment of consumers’ personal data by certain business entities; imposing a civil penalty. The bill is largely modeled on the Virginia Consumer Data Protection Act. However, the law contains several unique differences and more closely resembles recently enacted laws in Colorado and Connecticut. Some of the more notable provisions of the bill are described below: Scope and Exemptions 

The Texas law would apply to all businesses that (1) conduct business in Texas (or produce goods or services consumed in Texas) and (2) process or sell personal data (both of which are defined broadly).



Uniquely, the Texas bill’s carveout for “small businesses” only excludes those entities that are “a small business as defined by the United States Small Business Administration.” This is notably broader than other state privacy laws, all of which establish threshold requirements based on revenues or the amount of personal data that a business processes. It will also make it more difficult to know what businesses are covered under the bill because SBA definitions vary significantly from one industry vertical to another.



The law requires all covered businesses regardless of size to obtain opt-in consent before processing sensitive personal data (described in more detail below).



It excludes state agencies or political subdivisions of Texas, financial institutions subject to Title V of the Gramm-Leach-Bliley Act, covered entities and business associates governed by HIPAA, nonprofit organizations, and institutions of higher education.



The bill would exclude certain categories of information, including health information protected by HIPAA or used in connection with human clinical trials, and information covered by the Fair Credit Reporting Act, the Driver’s Privacy Protection Act, the Family Educational Rights and Privacy Act of 1974, the Farm Credit Act of 1971, emergency contact information used for emergency contact purposes, and data necessary to administer benefits.

Consumer Rights The Texas law would provide consumers with strong individual rights, including the right to: 

Confirm whether a controller is processing the consumer’s personal data;



Correct inaccuracies in the consumer’s personal data, taking into account the nature of the data and the purposes of the processing;



Delete personal data provided by or obtained about the consumer;



Obtain a copy of the consumer’s personal data that the consumer previously provided to a controller in a portable and readily usable format, if the data is available digitally and it is technically feasible; and Page 71 of 77



Opt-out of the processing of personal data for purposes of targeted advertising, the sale of personal data, or profiling in furtherance of a decision that produces legal or similarly significant legal effects concerning the consumer.

Data controllers would be required to respond to consumer requests within 45 days, which may be extended by 45 days when reasonably necessary. The bill would also give consumers a right to appeal a controller’s refusal to respond to a request Controller Obligations The Texas bill would impose a number of obligations on data controllers, most of which are similar to other recently enacted state laws: 

Data Minimization – Controllers should limit data collection to what is “adequate, relevant, and reasonably necessary” to achieve the purposes of collection disclosed to a consumer. Consent is required before processing information in ways that are not reasonably necessary or not compatible with the purposes disclosed to a consumer.



Nondiscrimination – Controllers may not discriminate against a consumer for exercising individual rights under the Act, including by denying goods or services, charging different rates, or providing different levels of quality.



Sensitive Data – Consent is required before processing sensitive data, which includes personal data revealing racial or ethnic origin, religious beliefs, mental or physical health diagnosis, citizenship or immigration status, genetic or biometric data processed for purposes of uniquely identifying an individual; personal data collected from a known child under 13, and precise geolocation data.



Privacy Notice – Controllers must provide a privacy notice that includes (1) the categories of personal data processed by the controller (including any sensitive data), (2) the purposes for the processing, (3) how consumers may exercise their individual rights under the Act, including the right of appeal, (4) any categories of personal data that the controller shares with third parties and the categories of those third parties, and (5) a description of the methods available to consumers to exercise their rights.



Targeted Advertising – A controller that sells personal data to third parties for purposes of targeted advertising must clearly and conspicuously disclose to consumers their right to opt out.

Data Protection Assessments The bills requires controllers to conduct data protection assessments for certain types of processing that pose heightened risks to consumers. The assessments must identify and weigh the benefits of the processing to the controller, the consumer, other stakeholders, and the public, against the potential risks to the consumer as mitigated by any safeguards that could reduce those risks. The categories that require assessments are identical to those required by the Connecticut Data Privacy Act and include: Enforcement The bill would give the Attorney General the exclusive right to enforce the law, punishable by civil penalties of up to $7,500 per violation. Businesses would have a 30-day right to cure violations upon written notice from the Attorney General. Unlike several other laws, the right to Page 72 of 77

cure has no sunset provision and would remain a permanent part of the law. The law does not include a private right of action. Status: Enacted on June 18, 2023. Comments: From submitter: Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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TECHNOLOGY 07-44-05

California The California Age-Appropriate Design Code Act Assembly Bill 2273

Summary: The California Age-Appropriate Design Code Act (CAADCA) applies to companies that (1) meet the definition of a “business” under the California Consumer Privacy Act (CCPA) and (2) develop and provide an “online service, product, or feature” (Online Service) that is “likely to be accessed” by consumers who are under 18 years of age. It specifically exempts providers of broadband internet access services, telecommunications services, and physical delivery services. Under the CCPA, a “business" is any for-profit California entity that collects and processes the personal information of California residents and (1) had annual gross revenues in excess of $25 million in the preceding calendar year, (2) alone or in combination, annually buys, sells, or shares the personal information of 100,000 or more California residents or households, or (3) derives 50 percent or more of its annual revenues from selling or sharing the personal information of California residents. Under the Act, “likely to be accessed by children” means it is reasonable to expect children to access the Online Service based on “indicators” that it is: 

Directed to children as defined by COPPA



Determined, based on competent and reliable evidence regarding audience composition, to be routinely accessed by a significant number of children



Marketing advertisements to children



Utilizing design elements known to be of interest to children (including, but not limited to, games, cartoons, music, and celebrities who appeal to children) and



Reaching an audience that internal company research has determined contains a “significant amount” of children.

Whereas COPPA applies only to those websites and online services that collect, use, or disclose personal information from children under 13 years of age, the Act applies more broadly, including to companies that do not specifically target children, but might have a significant number of children under 18 years of age accessing their Online Service. Status: Enacted on Sept. 15, 2022. Comments: From submitter: Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting Page 74 of 77

( ) next SSL cycle ( ) Reject

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TECHNOLOGY 07-44-06

California Right to Repair Act Senate Bill 244

Summary: California's bill goes further than right-to-repair laws in other states. Rather than limiting its demand that companies provide parts, tools, repair manuals, and necessary software for devices that are still actively sold, California requires that vendors provide those items for products sold after July 1, 2021, starting in July 2024. Products costing $50 to $99.99 must be accompanied by those items for three years, and items $100 and more necessitate seven years. The bill also provides for stronger enforcement mechanisms, allowing for municipalities to bring superior court cases rather than contact the state attorney general. Status: Enacted on Oct. 10, 2023. Comments: From submitter: Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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TRANSPORTATION 08-44-01

Illinois An Act Concerning Transportation House Bill 2231

Summary: Amends the Transportation Network Providers Act. Deletes language: (i) providing that a Transportation Network Company is not deemed to own, control, operate, or manage the vehicles used by Transportation Network Company drivers, and is not a taxicab association or a for-hire vehicle owner; and (ii) providing that Transportation Network Companies or Transportation Network Company drivers are not common carriers, contract carriers or motor carriers, as defined by applicable State law, nor do they provide taxicab or for-hire vehicle service. Status: Enacted on Aug. 11, 2023. Comments: From submitter: Establishes rideshare companies as “common carriers” under state law. Significant in that it increases the companies’ duty of care towards passengers. It also exposes the companies, not just the independent contractor drivers, to liability in the case of a loss. Staff Note: Disposition of Entry: SSL Committee Meeting: 2023 ( ) Include in Volume ( ) Include as a Note ( ) Defer consideration: ( ) next SSL meeting ( ) next SSL cycle ( ) Reject

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