STANDING COMMITTEE on COMMUNICATIONS, FINANCIAL SERVICES and INTERSTATE COMMERCE COMMITTEE WORKBOOK LEGISLATIVE SUMMIT AUGUST 6 – 9, 2012 CHICAGO, ILLINOIS STANDING COMMITTEE on COMMUNICATIONS, FINANCIAL SERVICES and INTERSTATE COMMERCE TABLE of CONTENTS COMMITTEE AGENDA…………………….…………………..…..3 COMMITTEE DESCRIPTION……………………………………..13 COMMITTEE OFFICERS AND STAFF CONTACTS…...................14 COMMITTEE ROSTER…........................................................16 RULES AND BYLAWS…….……………..……….….……...…...22 POLICY DIRECTIVES TRANSITION CHART…………...…………25 POLICY DIRECTIVES FOR CONSIDERATION…………………….26 Banking & Financial Services (p. 26) Corporate Formations (p. 33) Cradle to Grave Electronics Management (p.34) Insurance (p. 35) Internet & Electronic Commerce (p. 41) Remote Commerce (p. 47) RESOLUTIONS FOR CONSIDERATION……………………..…...49 State Sovereignty in Online Gaming (p. 49) Supports and Urges Enactment of the Marketplace Fairness Act (p. 50) Supports Intellectual Property (IP) Rights and Protections to Promote Productivity, Competitiveness, Jobs, and Public Health (p. 52) Opposes Federal Contactless Technology Mandates For State Issued Identification Documents (p. 54) Support of State Public Affairs Networks (Memorial Resolution) (p. 57) 2012 NCSL Legislative Summit August 6-9, 2012 Chicago, Illinois Communications, Financial Services and Interstate Commerce Committee Agenda Items in bold denote committee activities All sessions will be held in the McCormick Place Convention Center Co-Chairs: Staff Co-Chairs: Senator Carol Fukunaga, Hawaii Duncan Goss, Legislative Council, Representative Greg Wren, Alabama Vermont Patricia Murdo, Legislative Services Division, Montana Vice Chairs: Staff Vice Chairs: Senator Thomas Alexander, South Carolina Karen Cochrane-Brown, Research Representative Wayne Harper, Utah Division, North Carolina Representative Ross Hunter, Washington Gary Schaefer, Senate, Louisiana Delegate Susan Lee, Maryland Delegate Joe May, Virginia Representative Chris Perone, Connecticut Past Chair: Past Staff Chair: Senator Delores Kelley, Maryland Melissa Calderwood, Legislative Research Department, Kansas Sunday, August 5, 2012 12:30 pm – 7:00 pm International Program 1:00 pm – 2:15 pm NCSL Executive Committee: Outreach and Communications W194b - Level 1 Subcommittee 2:00 pm – 5:00 pm Task Force on State & Local Taxation W192b - Level 1 Presiding: Senate Minority Caucus Whip Pamela Althoff, Illinois Delegate Sheila Ellis Hixson, Maryland 2:30 pm – 3:45 pm NCSL Executive Committee: Budget, Finance and Rules W194b - Level 1 Committee 4:00 pm – 5:30 pm Executive Committee W196a - Level 1 Monday, August 6, 2012 7:30 am – 5:30 pm Registration Registration B - Level 3 7:30 am – 1:00 pm Pre-Conferences, Task Forces, International Program, Ancillary ~ 3 ~ 8:00 am – 11:30 am Task Force on State & Local Taxation W179b - Level 1 Hear an update on the Marketplace Equity Act and the Marketplace Fairness Act, which would give states the authority to collect taxes owed on remote sales. Discuss deal- of-the-day vouchers, such as Groupon and LivingSocial, and what to be aware of when determining how to tax discounted products or services. Review a draft statement on principles states should consider when deciding to tax cloud computing services and discuss telecommunications tax reform in the states. Presiding: Senate Minority Caucus Whip Pamela J. Althoff, Illinois Delegate Sheila Ellis Hixson, Maryland 9:00 am – 12:00 noon Legislative Staff Coordinating Committee 10:30 am – 11:30 am Transforming Health Care Through Technology FSL W184ab - Level 1 Partners Project Business Meeting Members of the steering committee will review the accomplishments of this Foundation for State Legislatures’ Partners Project. Presiding: Senator Richard Moore, Massachusetts, NCSL Immediate Past President Senator Kemp Hannon, New York 11:45 am – 1: 15pm Mobile Health Technologies Working Lunch W184cd - Level 1 Joint with Transforming Health Care Through Technology Partners Project Learn about advancements in home health care and explore the ways that mobile technologies are revolutionizing how health care is delivered. Moderator: Senator Jeremy Nordquist, Nebraska Delegate Joe May, Virginia Speakers: Fred Castillo, Executive Director AT&T Government Education, and Medical Mobility Team, Illinois Chuck Davidson, Advanced Communications Law and Policy, New York 11:45 am – 1:15 pm Leveling the Playing Field for Retailers: Fixing a $23 W178ab - Level 1 Billion Loophole on Internet Sales Taxes Working Lunch Co-sponsored by the Task Force on State & Local Taxation NCSL gratefully acknowledges the International Council of Shopping Centers and the Retail Industry Leaders Association for supporting this luncheon session. Supreme Court decisions have limited states’ ability to collect taxes on online sales. In FY 2012 this amounted to around $23 billion. This also puts brick and mortar stores who must collect taxes at a disadvantage to their online competitors. Analyze two bills in Congress that would give states authority to collect these taxes and explore the ~ 4 ~ options states have to fix this loophole. Presiding: Senator Deb Peters, South Dakota Moderator: Joseph Crosby, Multistate Associates, Virginia Panelists: Representative John Otto, Texas David Vite, IRMA, Illinois Adrielle Churchill, Office of Congressman Steve Womack Corey Tellez, Office of Senator Dick Durbin 12:30 pm – 1:15 pm New Attendee Orientation W176c - Level 1 If you are attending your first NCSL Legislative Summit, take part in this interactive orientation and learn how to navigate your way through the nation's most substantive public policy meeting. Learn about meetings that will get you more involved with NCSL, including our business meeting, staff sections, standing committees and more. 1:30 pm – 3:00 pm General Session: Diane Swonk Skyline Ballroom - Level 3 Diane Swonk, chief economist for Mesirow Financial has been named one of the top economic forecasters in the country by the Wall Street Journal. She acts as advisor to Federal Reserve Board and regional Reserve Banks, and is one of the most respected economists in the world and among the most quoted economists in the financial press. 3:15 pm – 5:00 pm Identity Theft and Privacy in the Online Age W184ab - Level 1 Computers and the internet continue to change the way we conduct business, govern and interact with one another. State and federal policymakers grapple with the issues of identity theft and the privacy of online information. Hear about the current state of digital information and examine what issues state lawmakers should be aware of. Moderators: Duncan Goss, Legislative Council, Vermont Karen Cochrane-Brown, Research Division, North Carolina Panelists: House Assistant Minority Leader James B. Durkin, Illinois Senator Delores Kelley, Maryland Senator Ellen Roberts, Colorado Senator Charleta B. Tavares, Ohio Justin Brookman, Center for Democracy & Technology, Washington, D.C. Jim Halpert, DLA Piper, Washington, D.C. 3:15 pm – 5:00 pm Staff Sections 5:15 pm – 6:15 pm Steering Committee Meeting W183a - Level 1 The steering committee includes the overall standing committee officers and the legislator and staff chairs of each standing committee. Members will preview policies for ~ 5 ~ consideration and decide on joint and re-referrals of policy resolutions as necessary. 5:00 pm – 7:00 pm American Financial Services Association’s Reception for Gino’s East of Chicago the Communications, Financial Services and Interstate Commerce Committee members Please RSVP by Friday, July 27, to Susan Sullivan at [email protected]. Tuesday, August 7, 2012 7:30 am – 5:30 pm Registration Registration B - Level 3 8:00 am – 8:45 am Staff Sections Prayer Breakfast 9:00 am – 10:15 am General Session: Peter Hart and Neil Newhouse Skyline Ballroom - Level 3 Peter Hart and Neil Newhouse are two of the nation's leading pollsters. Newhouse is a partner and co-founder of Public Opinion Strategies, a firm that The New York Times describes as "the leading Republican polling company" in the country. Peter Hart is "the foremost Washington pollster for the Democratic Party," according to the National Journal and is chairman of Peter D. Hart Research Associates. 10:30 am – 11:30 am CFI Committee Business Meeting W184ab - Level 1 Members of the committee will discuss and vote on committee business and consider and vote on any new policy resolutions submitted for consideration and review policies. Presiding: Senator Carol Fukunaga, Hawaii, CFI Co-Chair Representative Greg Wren, Alabama, CFI Co-Chair Duncan Goss, Vermont, CFI Staff Co-Chair Patricia Murdo, Montana CFI Staff Co-Chair 10:00 am – 4:00 pm Exhibit Hall Hall F1 - Level 3 11:45 am – 1:00 pm Insurance Fraud—If You Don’t Find It, You’re Not W184ab - Level 1 Looking Working Lunch Sponsored by the National Insurance Crime Bureau Hear how today’s insurance fraud crimes are much more pervasive than ever costing Americans an estimated $30 billion a year while fraud criminals ply their scams with relative impunity. Moderator: Senator Thomas Alexander, South Carolina Speaker: Joseph Wehrle, National Insurance Crime Bureau, Illinois 1:00 pm – 2:15 pm Revolutionizing Care Through Telehealth Technologies W184ab - Level 1 Joint with the Transforming Health Care Through Technology Project With an additional 32 million people estimated to gain health insurance coverage by 2014, states are looking for innovative ways to expand services to underserved and rural areas. Telehealth or telemedicine is emerging