CSG Committee on Suggested State Legislation

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This Act generally defines cyberbullying as bullying by using an electronic communication device. It incorporates cyberbullying into a general definition of bullying, and it directs local school boards to adopt plans to prohibit and address bullying on school grounds and in school vehicles. 

 

This Act requires the department of natural resources and the state historic preservation agency offer to lease to any interested unit of local government, non-profit organization, or public or private college or university, the operation and maintenance of any closed state park or historic site. It provides that the leasing entity shall retain all revenues generated by such operation during the term of the lease. The bill requires the state to reimburse a leasing entity for part of improvements to a property made or paid for by the entity at the end of a lease. 

The Act defines harassment as creating a hostile environment that unreasonably and substantially interferes with a student’s educational performance, opportunities or benefits, or mental, emotional or physical well-being, or conduct, verbal threats, intimidation or abuse that reasonably causes or would reasonably be expected to cause a student to fear for their physical safety. 
The bill prohibits harassment and discrimination of students with respect to certain non-exclusive protected classes, including, but not limited to, a student’s actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex. 
This Act requires school districts to adopt policies to create a school environment free from harassment and discrimination. School districts must also adopt guidelines for school training programs that raise awareness and sensitivity of school employees to these issues and enables them to respond appropriately. Schools must designate at least one staff member in each school to be trained in non-discriminatory instructional and counseling. 
 

This Act makes it unlawful for any person to solicit or receive remuneration in return for referring someone to a service subject to reimbursement by Medicaid, or in return for purchasing, leasing, ordering any good, facility, service or item subject to reimbursement by Medicaid. It also makes it unlawful to offer or pay remuneration for such referrals, purchases, leases or orders. 

This Act regulates building near public-use airports. The Act requires owners of proposed structures within a three-mile area surrounding a public-use airport to get special permits from the state aeronautics commission before building such structures. 

This Act prohibits certain Internet-related conduct, including phishing, pharming, spyware, and cybersquatting. For example, the legislation prohibits a person from using electronic communications to facilitate certain types of fraud and injury and it allows for removing domain names and online content by an Internet registrar or Internet Service Provider under certain circumstances. The legislation also prohibits political subdivisions of the state from enacting conflicting laws.

The Act regulates civil litigation funding companies doing business in the state. Nonrecourse civil litigation funding means a transaction in which a civil litigation funding company purchases and a consumer assigns the contingent right to receive an amount of the potential proceeds of the consumer’s legal claim to the civil litigation funding company out of the proceeds of any realized settlement, judgment, award, or verdict the consumer may receive in the legal claim.

This Act enables online prescribing and dispensing drugs. The Act requires a state license to engage in online prescribing, online dispensing, and certain related transactions it defines as Internet facilitation. It establishes requirements for licensing and allows certain online prescribers, online contract pharmacies, and Internet facilitators to continue delivering online pharmaceutical services while their applications for licensure are pending with the state. The legislation establishes duties for a licensed online prescriber, online contract pharmacy, and Internet facilitator. It limits the type of drugs that can be prescribed online. 

This bill authorizes the state commissioner of banking and insurance to create a program and promulgate rules to encourage banks to establish branches in geographic locations in the state where there is a demonstrated need for banking services. The criteria for such areas to be designated as banking development districts include the number of sites offering banking services that are already in the area, the need for banking services in such areas, and the potential impact that additional banking services would have on economic development in the areas.
The legislation authorizes banks in such areas to be designated depositories of public money and allows the state treasurer and municipal governments to deposit public money in such banks at a special, fixed interest rate of return. 
 
Military personnel and overseas civilians face a variety of challenges to their participation as voters in U.S. elections, despite repeated congressional and state efforts to facilitate their ability to vote. These include difficulty in registering abroad, frequent address changes, slow mail delivery or ballots and ballot applications that never arrive, difficulty in obtaining information about candidates or issues, the inability to comply with notarization or verification procedures, or the voter’s failure to properly comply with non-essential requirements for absentee materials. The federal Uniformed and Overseas Citizens Absentee Voting Act of 1986 (UOCAVA) and Military and Overseas Voter Empowerment Act of 2009 (MOVE), as well as the various state efforts, have not been wholly effective in overcoming difficulties that these voters face. The federal laws do not encompass state and local elections. Further, American elections are conducted at the state and local levels under procedures that vary dramatically by jurisdiction, and many are conducted independent of the federal elections to which UOCAVA and the MOVE Act do apply. This lack of uniformity, and lack of application of the federal statutes to state and local elections, complicates efforts to more fully enfranchise these voters. 
At its 2010 Annual Meeting, the national Uniform Law Commission promulgated the Uniform Military and Overseas Voters Act (UMOVA) to address these issues. UMOVA extends to state elections the assistance and protections for military and overseas voters currently found in federal law. It seeks greater harmony for the military and overseas voting process for all covered elections, over which the states will continue to have primary administrative responsibility.
 

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