Bills of Note

Bills of Note

In the second installment of the Hamilton Consulting Group Bills of Note, we highlight three legislative initiatives that may be of particular interest to our readers. This week we discuss the GPS tracking device bill, proposed changes to oxygen provider licensure requirements, and Made in the USA legislation.

Unlawful Use of GPS

Last week, Sen. Petrowski introduced Senate Bill 22, the companion bill to Assembly Bill 19, introduced by Rep. Neylon in late January.  The identical bills prohibit a person to place a GPS device in a vehicle owned by another person to gather information on the person’s movement or location without the person’s knowledge. The bill establishes that such a violation would result in a Class A misdemeanor. The bill includes several exemptions for motor vehicle manufacturers or persons who place a communication or telematics systems in the vehicle; parental or guardian using GPS to track dependents; business owner and lienholders tracking business vehicles; law enforcement actions; and auto insurance companies that place a device with the owner’s permission for rating, underwriting, or claims purposes.

The Senate bill version is currently in the Senate Committee on Judiciary and Public Safety. The Assembly bill version cleared the Committee on Justice and Public Safety unanimously earlier this week. Rep. Neylon and Sen. Petrowski proposed substitute amendments to both bill versions to add additional exemptions for motor vehicle manufacturers and auto insurance companies.

The full Assembly considered the substitute amendment and a technical amendment yesterday both motions passing by votes of 99-0-0 and 98-1-0 respectively.

Oxygen Providers

Companion bills, Assembly Bill 26, introduced by Rep. Kooyenga, and Senate Bill 13, introduced by Sen. Farrow, modify licensure requirements of home medical oxygen providers. The bills establish a licensure program to be administered by the Pharmacy Examining Board for persons that dispense medical oxygen directly to patients. These licensed individuals are exempt from pharmacist licensing requirements within the scope of the license under this bill. The bill requires that the board must license persons providing home medical oxygen directly to patients and the board is required to adopt rules governing the granting of home medical oxygen provider licenses. Both bills are currently in their respective Assembly and Senate health committees. 

Made in America

As part of the Assembly Democrat’s “15 for 2015” Economic Development Package, Rep. Kahl and Rep. Jorgensen introduced a Made in America proposal (Assembly Bill 20). Currently, the Department of Administration or their designee have the authority to purchase necessary materials and services for all state agencies awarding contracts to the lowest bidder with some exceptions. One exception requires that, if all other factors are equal, the agency must purchase materials, which are mined, produced, manufactured, fabricated, or assembled in the United States.

This bill proposes that the state must purchase materials that are manufactured to the greatest extent in the United States regardless of whether other factors are equal. The bill also extends this “Made in America” provision to contractor materials in public works or improvement projects. The bill also requires local government public contracts to contain provisions that contractors use materials that are manufactured in the United States.