November 22, 2008
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State Roundup: August 22, 2002
Techies Wary Of Recycling Program
by Maureen Sirhal

     California state lawmakers are considering several measures in the last days of their legislative session, but the high-tech community is carefully watching the movement of one bill that could force firms to levy new fees to cover the cost of recycling electronics equipment, such as computers, printers and portable devices.
     The bill, S.B. 1523, was amended this week to include a $30 "advance recovery fee" on the cost of such equipment to cover the costs associated with recycling the cathode ray tubes, found in many electronic products. The fee would be distributed to localities to help them properly disposal of potentially hazardous materials found in the equipment.
     Tech groups like the Electronics Industry Association and AeA are rallying against the measure, arguing that it would add substantial costs to the dwindling prices of computers and other equipment. Opponents of the measure also charge that the measure would force firms to track the Internet purchases of such equipment from California in order to collect the $30 fee.
     Already passed by the state Senate, the bill could reach the Assembly's floor as soon as next week. Amendments, including one to reduce the $30 fee, could be considered. But opponents say that any technology recycling programs need to involve private-public partnerships and be governed by federal law to avoid a patchwork of conflicting state and local regulations.
     If the Assembly alters the bill before passing it, the state Senate would have to vote again before sending the measure to Gov. Gray Davis. The legislature adjourns on Aug. 31.
     Meanwhile, observers said another measure that could force tech firms to reveal trade secrets during court cases is likely dead for the year. The bill, S.B. 11, would amend legal procedures for court cases, giving plaintiffs in legal disputes the ability to force defendant companies to disclose vital intellectual property during the discovery stage of the case.
     The high-tech industry has battled to keep the measure buried, but sources said it likely will be re-introduced in the next legislative session.
     In other California news, a three-member task force appointed by Davis has urged that the state limit its use of so-called no-bid contracts for the procurement of technology wares, according to a draft report. The Sacramento Bee reported this week that the draft study also calls for more regulatory scrutiny for procurement contacts.
     Prompted by the recent scandal concerning over the state's $95 million software contract with Oracle, the task force recommended requiring multiple bidders for contracts that are worth more than $100,000 and requested new mandates for training programs to certify state employees to negotiate such contracts.

New York, New Jersey Bolster Anti-Terrorism Efforts
     New York is increasing its effort to thwart terrorism by expanding the state's counter-terrorism network, Gov. George Pataki announced last week.
     Unveiled in January, the system aims to instantaneously provide counter-terrorism intelligence to local, state and federal agencies through the Office of Public Security. The office will more than double the number of terminals -- from 132 to more than 300 -- that supply access to a computer network of data culled from various government sources.
     "This network ensures that critical intelligence data is available to law enforcement officials throughout New York state," Pataki said in a statement. "More than 70,000 state and local law enforcement professionals patrol the streets of New York state every day, and making them a part of our counter-terrorism efforts will help make all New Yorkers safer and more secure."
     The system also will expand its reach to include more agencies, such as the state's Motor Vehicles and Environmental Conservation departments, and park police. John Scanlon, director of the Office of Public Security, said in a statement that the move "tremendously enhances [state] efforts to combat terrorism."
     In other anti-terrorism news, New Jersey Gov. James McGreevey signed signed an executive order last week that reduced the number of exemptions to the Open Public Records Act. Under the order, records held by the state Office of Information Technology and relating to personal information collected in official investigations of individuals would lose their exemptions.
     "The right of public access to government records as provided in the Open Public Records Act must be balanced against the risk of disclosing information that would facilitate terrorist activity," McGreevy said in a statement. He also signed a bill requiring background checks and fingerprinting for airport security workers.

Georgia Gets The e911 Call
     A Georgia economic development agency, the OneGeorgia Authority, this week approved regulations and funding for a regional program aimed at pinpointing the locations of people who use wireless phones to place emergency calls.
     Based on the recommendations of a task force appointed by Gov. Roy Barnes, the so-called e911 program will be available to counties that presently do not have the service, giving more than 250,000 state residents access to the emergency network.
     The OneGeorgia Authority -- in conjunction with the state Community Affairs Department and Georgia Emergency Management Agency -- will oversee the program's implementation and provide grants to counties. Funding can go toward the infrastructure necessary for e911 services.
     The announcement came as Barnes unveiled a series of investments totaling $1.5 million to encourage economic development in rural Georgia.

Michigan Sex-Offender Site To Go Back Online
     A federal appeals court has delayed a ruling that would force Michigan to prevent public access to a Web site that lists the whereabouts of sex offenders. The U.S. 6th Circuit Court of Appeals granted the delay at the state's request.
     "This is great news for families and kids all around Michigan," Lt. Gov. Dick Posthumus said in a statement on Wednesday. "From the very beginning, I called the court's decision to remove the registry wrong-headed and potentially very dangerous. Thanks to the court of appeals, the registry will soon be back online."
     Posthumus originally spearheaded legislation that created the online system, implementing provisions of the federal statute known as "Megan's Law" that authorizes funds to help states develop programs to alert citizens of convicted sex offenders living in their neighborhoods. But when the state put the system on the Internet, former prison guard Daniel Fullmer challenged the law. His name was listed among violent sex offenders for a 1999 conviction, but he said he had a consensual sexual relationship with a female inmate.
     Roberts ruled that Fullmer's reputation could be damaged by the listing and ordered that the online registry be dismantled. The appeals-court decision enables the system to stay online until an appeal of that ruling is decided.
     Michigan state police officials who maintain the system said the registry will be back online as soon as technically possible.




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