Online
Social Networking
CA - The Senate passed S.B. 1361 (Sponsored by Sen. Ellen M. Corbett (D-10), legislation which would require that a "social networking Internet Web site shall not display, to the public or other registered users, the home address or telephone number of a registered user who identifies himself or herself as being under 18 years of age." The bill defines "Social networking Internet Web site" as "any business, organization or other entity that provides or offers a service through the Internet that permits a registered user to access, meet, congregate or communicate with other registered users for social networking purposes," but does not include "a business, organization or other entity that only provides electronic mail service." It now goes to the House.

Physician Incentives
CO - The Senate and House both passed S.B. 126, legislation sponsored by Sen. Morgan Carroll (D-29) and amended by MRA to exclude physician incentives from public reporting requirements. The legislation was amended further before passage with all provisions of any consequence removed. MRA last covered this legislation in the March Legislative Update. S.B. 126 now awaits the governor's signature into law.

CT - S.B. 270, legislation MRA testified against that would have required public reporting of payments to physicians from pharmaceutical and medical device manufacturers, has died upon the adjournment of the legislature. For background, see the March Legislative Update and April Legislative Update.

HI - H.B. 2634, legislation MRA opposed, which would have required public reporting of physician incentives over $25, has died with the adjournment of the legislature. For more background, see the March Legislative Update.

HI - S.B. 2506, legislation MRA opposed which would make it "unlawful for any manufacturer of a prescribed product or any wholesale distributor of medical devices, or any agent thereof, to offer or give any gift to a healthcare provider," has died upon adjournment of the legislature. For more information, see the February Legislative Update.

Privacy
Constitutional Right to Privacy
NY - Assembly Member Richard L. Brodsky (D-92) introduced A.B. 4982, which would propose an amendment to the state Constitution: "Section 19. THE INHERENT RIGHT OF EACH PERSON TO PERSONAL PRIVACY SHALL NOT BE INFRINGED. EACH NATURAL PERSON SHALL BE GUARANTEED BY THIS CONSTITUTION AND SUCH LEGISLATION AS MAY BE NECESSARY."

Data Destruction
FL - As predicted in the November 2009 Legislative Update, H.B. 279 and S.B. 586 have died.

Telephone
Automated Calls
KY - S.B. 50, legislation opposed by MRA, which would have made automated political research calls subject to the national Do Not Call Registry, has died upon the adjournment of the legislature. For more background, see the January 2010 Legislative Update.

WI - A.B. 93, legislation MRA opposed, which would have expanded the definition of telephone solicitation to include the simple use of automatic dialing announcing devices, has died with the adjournment of the legislature. For background, see the May 2009 Legislative Update.

WI - A.B. 246, legislation MRA opposed, which would have severely restricted the use of "automatic dialing announcing devices," has died with the adjournment of the legislature. For background, see the December 2009 Legislative Update.

Caller ID
NY - The Assembly passed A.B. 9390 on May 11, legislation sponsored by Assembly Member Amy R. Paulin (D-88), which would make it "unlawful for any business entity within the state... to cause any caller identification service to transmit false caller identification information, with the intent to defraud or harass, when making a call to any person within the state." Sen. Craig M. Johnson (D-7) introduced the companion legislation in the Senate, S.B. 7713. MRA always recommends researchers strive for "truth in caller ID," so this legislation should not impede legitimate survey and opinion research practices. It now goes to the Senate for further consideration.

TN - S.B. 2501 was signed into law as Chapter No. 684. The new law prohibits "any person to utilize any ADAD equipment to intentionally... Conceal or misrepresent the telephone number utilized by the ADAD equipment on the call recipient's telephone or other equipment that is technically capable of displaying the number by: (3) Displaying a telephone number other than the telephone number utilized by the ADAD equipment; (4) Not displaying the telephone number utilized by the ADAD equipment; or (5) Displaying an "unknown number" message or similar message instead of the telephone number utilized by the ADAD equipment." MRA always recommends a policy of "truth in caller ID" for researchers, so this new law should have minimal impact on the survey and opinion research profession.

Telemarketing/Sales/Non-Research Activities
Telemarketing
CT - S.B. 187 was enrolled into Public Act No. 10-52, which increases the penalties for violating telemarketing laws.