Terrorism Legislation

Protecting Democracy

State Legislation Addressing Terrorism

December 2001

Following the Sept. 11, 2001, terrorist attacks in New York, Pennsylvania and Virginia, several state legislatures have addressed the terrorism issue. Even before the September attacks, other state legislatures had considered bills addressing terrorism.

Following are brief summaries of legislation considered by state policymakers, as well as a synopsis of state executive orders.

State Action

New York Governor George Pataki called a special session of the New York Legislature on September 17 to address the terrorism issue. The governor proposed several new bills. One bill defined terrorism as any act that aims to intimidate or coerce a civilian population, influence the policy of a unit of government, or affect the conduct of a unit of government; the maximum penalty is life in prison. Other provisions included making it a crime to make terrorist threats; solicit or supply help for terrorist crimes; obstruct investigations into terrorist crimes; and either make false bomb alerts or place a false bomb in a public building. Punishments range from:

Up to seven years in prison for making a terrorist threat, falsely reporting a bomb threat or placing a fake bomb in a public building;

Up to 15 years for giving more than $1,000 to a terrorist organization or for soliciting a terrorist act;

Up to 25 years to life for hindering the prosecution of terrorism; and

The death penalty for murder in the commission of a terrorism act.

The Legislature approved the measures (A. 60002 and S. 70002), and Governor Pataki immediately signed the bills into law. The bills will not apply retroactively to the World Trade Center attack. Many of these measures previously appeared in A. 1452 (Seminerio) and S. 5646 (Balboni), companion bills introduced in June 2001.

In addition to the legislation proposed by Governor Pataki, the New York Senate approved a wiretap bill (S. 5793) similar to the federal legislation that U.S. Attorney General John Ashcroft is seeking from Congress. The Assembly did not take up this bill during the special session. Governor Pataki has submitted another package of legislation to the Legislature that includes permitting the use of roving wiretaps and eliminating the statute of limitations for terrorist offenses. The proposed legislation would punish those caught with biological or chemical weapons; penalties would include life in prison or the death sentence if someone is killed with these materials. The bill defines a biological agent as something that could cause death, disease or ruin food, water or the environment and establishes a new crime of possessing or using chemical or biological weapons. The Legislature has expressed concern that the bill was too broad and would classify some common items (pepper spray and Clorox) as chemical weapons. The proposed legislation also subjects terrorists’ property outside the state to civil forfeiture; and prevents a judge from suppressing evidence when law enforcement officials make “good faith” mistakes in following search and seizure requirements.

The New York Legislature passed a resolution on Sept. 13, 2001, condemning the attack and authorizing the expenditure of up to $5.5 billion in state and federal money related to disaster relief.

Other bills under consideration by the New York Legislature include A. 3315 (Norman) and S. 3234 (Leibell), companion bills to establish an endowed chair at a state university to study international organized crimes, drug trafficking and terrorism. Senator Roy Goodman also has called for a terrorism task force to assess the vulnerability of a number of potential targets, including the capitol and state offices.

Governor Pataki also is recommending that the spouses and children of those killed during the September 11 attacks and recovery efforts receive scholarships for free tuition at state or city public universities. The plan would include free room and board, books and all other costs. A four-year education at the State University of New York currently costs $47,500. A spouse or child attending a private college would receive an equivalent amount. Pataki wants to offer the scholarships to relatives of anyone who died in the attack on the World Trade Center and the Pentagon or in the crash of United Airlines flight 93 in Pennsylvania, as well as police, fire and emergency medical workers who were seriously injured during the rescue and recovery operations at the World Trade Center. Assemblyman Richard Brodsky has begun drafting legislation.

Alabama passed S.J.R. 36C, denouncing terrorism and offering condolences for the lives lost on Sept. 11, 2001. The Legislature also enacted HJR 156 on September 19, 2001, urging President George W. Bush to repeal the ban on the assassination of terrorists.

The Alaska Legislature is considering a request from Governor Tony Knowles for additional funding to cover the costs of anti-terrorism efforts. State workers are conducting anthrax tests, holding training sessions for mail handlers and coordinating emergency responses in addition to their normal duties. Speaker Brian Porter expects the legislature to agree to the supplemental budget request in January.

California passed S.J.R. 26 (Morrow) and A.C.R. 118 (Cardoza and Leonard), expressing sympathy and support for the people of New York, the District of Columbia and other affected communities. The Legislature offered its assistance and urges other states to join in support of the victims, their families, the president and Congress.

The Legislature also considered and passed S.B. 551, which was amended to provide mental health counseling for those suffering trauma from the Sept. 11, 2001, acts of terrorism and to promote tolerance for those who may be targets of discrimination. Victims can include a relative, a fiancé or fiancée, or a housemate of the actual victim. The Legislature also authorized a $1 million appropriation to the victim compensation program in New York to aid in compensating victims of the Sept. 11, 2001, attack. A new legislative task force has been formed to study the effects of terrorism on the state.

Following an attack that damaged the California capitol earlier this year, the Legislature is considering A.B. 1308 to authorize the Historic State Capitol Commission to make recommendations regarding the restoration of and security at the capitol. The Legislature has appropriated $1.1 million for security at the state capitol. The funds will purchase metal detectors and will be an X-ray machine to screen mail.

California law enforcement and public health groups also are seeking two quarter-cent sales tax increases to be used to meet the threat of terrorism. Health Access, a coalition of consumer and community groups and labor unions, is supporting a quarter-cent sales tax increase to lower the number of uninsured Californians and expand trauma care. Some law enforcement groups also are proposing a quarter-cent sales tax increase for four years; the new funds would be divided among firefighters and law enforcement and public health agencies. Governor Gray Davis has reported that the state is spending between $300,000 and $1 million per day to address a variety of security issues following the September 11 terrorist attacks.

The Colorado legislature passed several joint resolutions including a memorial to those lost in the September 11 terrorist attacks (SJR 01S2-003), recognizing the service of emergency, law enforcement and other personnel who kept state residents safe during the crisis (SJR 01S2-004), and a general expression of support for President Bush and sympathies to families who lost loved ones in the terrorist attacks (HJR 01S2-1002). The Senate also urged Governor Bill Owens to issue an executive order authorizing the enlistment of women in the state national guard (SR 01S2-003). Another resolution (SJR 01S2-007) calling for the creating of an interim committee on state security passed the Senate and was assigned to a House committee.

Senator Bob Hagedorn plans to introduce a comprehensive package of anti-terrorism bills at the beginning of the 2002 legislative session. The package will include a $1 million budget for a state coordinator for terrorism response at the deputy director level of the Colorado Bureau of Investigation. The new position would coordinate with the federal Office of Homeland Security and with local governments. Other components include criminal background checks for anyone seeking flight training, anyone seeking a driver’s license for transporting hazardous materials, and some biotechnology laboratory workers. Fines and penalties also would be increased for launching computer viruses or other electronic sabotage. Other terrorism-related crimes would be classified as felonies; the penalty for hoaxes also would be increased.

The Florida Legislature created two special committees on September 24 to develop legislation to address the state’s security and anti-terrorism activities. Representative Dudley Goodlette will chair the House Select Committee on Security; Representative Dan Gelber will serve as vice-chair. The committee is charged with conducting a thorough review of laws and rules and will make recommendations regarding revisions to improve security for the state’s residents and visitors. The review will consider the coordination of efforts among federal, state and local government agencies. Senator Ginny Brown-Waite will chair the Senate Select Committee on Public Security and Crisis Management. The committee will make recommendations on how the state could improve security to protect not only citizens, but also the state infrastructure and economy. Other potential topics that could be addressed in legislation include restrictions on flight schools; some hijackers appear to have attended Florida flight schools to obtain training on flying commercial aircraft.

The House committee held its first meeting on October 5. The meeting addressed state and local law enforcement issues; provided an overview of state emergency plans and of coordination with federal efforts; the protection of water resources; theme park, major event, airport, port and hotel security; agricultural/chemical security and crop dusting concerns; and hate crime statutes and enforcement. A Senate committee has approved bills enabling the state Department of Law Enforcement to seal public records for one week and judges to seal records for two weeks, plus additional exemptions to the public records law.

The Senate Rules Committee is considering new rules to allow the president to close any meetings in which “possible acts of espionage, sabotage, attack and other acts of terrorism” are discussed. Records and votes taken in secret session also would remain confidential.

In December, the Legislature approved, and Governor Jeb Bush signed, 11 bills into law that address terrorism. These new laws include the following.

Establishes tougher penalties for any crime committed in an act of terrorism.

Seals records related to security and investigations.

Gives authority for judges to move wire taps around the state to follow suspects.

Establishes rules improving security for crop dusting airplanes to prevent theft.

Creates seven regional domestic terrorism task forces, along with a counter-terrorism center and a terrorism database at the Department of Law Enforcement.

Creates penalties for using biological poisons to contaminate food and water supplies.

The Georgia Senate passed S.R. 51 during its 2001 special legislative session. The resolution supports U.S. actions in response to terrorist events.

Hawaii considered 15 bills during its special session in October. The bills included those to extend unemployment benefits for 13 weeks and to appropriate $10 million for tourism marketing. One of the most controversial bills approved by the Legislature gave the governor emergency powers during a disaster.

During the 2001 regular session Illinois passed S.B. 860 (2001 Ill. Laws, P.A. 92-73), which expands the causes of a disaster to include acts of domestic terrorism. H.J.R. 51, which condemns the acts of Sept. 11, 2001, and urges Congress to establish September 11 of each year as a national day of mourning in remembrance of terrorism victims throughout the world, is under consideration by the House Rules Committee. During the November 2001 veto session, the General Assembly passed H.B. 2299, which created an anti-terrorism section in the state criminal code; Governor George Ryan signed the bill into law on December 12. The new law mirrors many of the provisions approved by Congress for use by the U.S. Attorney General. The legislation

expands wiretapping authority for police;

allows the Attorney General to seek an order freezing the assets of suspected terrorists;

makes it a crime to help terrorists financially, eases search warrant guidelines in emergency situations;

allows the Attorney General to prosecute terrorism cases through the statewide grand jury;

limits the ability of non-resident aliens to acquire a state Firearm Owners Identification Card; and

requires those convicted of terrorist-related acts to submit blood samples to the statewide DNA database..

Another bill would provide assistance to families of military reserve and National Guard members called to active duty since the September 11 terrorist attacks. The bill creates a relief fund of voluntary donations from an income tax check off, similar to that currently used for Alzheimer’s research, wildlife preservation and child abuse prevention. The check off could be included on the 2002 income tax forms, if approved by the General Assembly.

Indiana passed S.B. 180 during its 2001 session. The new statute, effective July 1, 2001, requires the state Emergency Medical Services Commission to conduct training and establish standards for the administration of antidotes, vaccines and antibiotics in situations related to a terrorist or military attack. The state Department of Health is directed to monitor communicable diseases and outbreaks of diseases that could be used as biological weapons. The department also is to develop capabilities and procedures to identify unknown biological substances that could be used as weapons. The statute defines terrorism and weapons of mass destruction and provides penalties for terrorism and the false reporting of a weapon of mass destruction. The penalty was enhanced for computer tampering to aid terrorism.

The Kansas Legislative Coordinating Council created a special interim committee on terrorism and security on September 28; the committee will meet until December 3, and the Legislature will determine whether a standing committee is needed. The committee will review emergency response plans and infrastructure, power plant and water supply security, among other issues. Committee members include Senate President Dave Kerr and Representative Carl Krehbiel as co-chairs in addition to Senators Nick Jordan and Chris Steineger. Kerr and Jordan also serve on the Joint Committee for Building Construction which has oversight of the eight-year, $120 million renovation and restoration program for the Statehouse. Improving security will be a key element of the project, including better monitoring of building access. Concrete barricades have been placed beneath the north and south steps of the Statehouse to limit traffic access to the grounds.

The Special Committee on Agriculture has heard testimony on the need to develop a comprehensive strategy for addressing bioterrorism. Professor Jerry Jaax, a bio-security expert at Kansas State University, is urging the state to authorize the construction of a research facility to develop countermeasures to agricultural pathogens.

Kentucky passed H.B. 1 during its 2001 session. The law establishes the crimes of terroristic threatening and the use of a weapons of mass destruction and provides penalties. The new law defines a weapon of mass destruction as a chemical, biological or radiological weapon capable of causing death or serious physical injury. The legislature considered, but did not pass, H.B. 199, a bill that would have directed the state Division of Emergency Management to develop a statewide strategy to address acts of terrorism involving chemical or biological agents.

Maine legislators are directing staff to draft a number of bills that address the prevention of future terrorist attacks; raise money for relief organization; commemorate the Sept. 11, 2001, events; provide coordination between hospitals and state officials during health emergencies; create a state anti-terrorism task force; require a study of airport security; requires an increase in State House and state office building security; and create a special license plate to raise funds for relief organizations.

The Massachusetts legislature approved a $26 million supplemental terrorism budget; most of the funds will be used by the State Police for overtime pay, new recruits and equipment including cruisers and gas masks. State troopers have earned more than $2 million in overtime since September 11 for terrorism-related duties such as guarding Logan International Airport, bridges, tunnels, reservoirs, and other potential targets. The appropriation also includes $600,000 for security improvements at the State House; metal detectors will be installed for the first time in the building’s history.

Senator Richard Moore, co-chair of the Health Care Committee, held hearings to consider a bill proposing to establish an anti-terrorism council. Moore wants his colleagues to review existing laws to determine whether they provide adequate protection. Potential legislative topics could include prohibiting private possession of anthrax bacteria or smallpox and easing the process for out-of-state medical personnel to obtain temporary licenses, if needed, during an emergency.

Senator Robert Travaglini has introduced a bill to guarantee that Massachusetts Port Authority (Massport) employees who lost their jobs as a result of the September 11 terrorist attacks will have priority status to reclaim those positions if Massport or another state agency refills the jobs. The bill is aimed at parking lot attendants and maintenance workers who were laid off following a decline in aviation traffic after the terrorist attacks.

The Michigan Senate is considering legislation that would prohibit firearms on commercial airport property. A ban on airplanes flying over Michigan Stadium during football games also is being discussed; the stadium holds 107,000 people. Legislative leaders have been meeting with Lt. Governor Dick Posthumus, Attorney General Jennifer Granholm, Secretary of State Candice Miller, state Supreme Court Justice Maura Corrigan and cabinet officials to determine what legislation needs to be considered to increase penalties for making a false or implied terrorist threat. The attorney general has raised a list of 25 criminal justice proposals.

The Legislature passed bills (S.B. 497, S.B. 498, S.B. 675) on October 23, 2001, that outline the penalties for using chemical weapons or making a false bioterrorism threat. Under the legislation, a person convicted of making, possessing, transporting or releasing a chemical or biological weapon would face up to five years in prison and a fine of up to $5,000. Damaging property would mean up to seven years in prison and a $10,000 fine. Harming a person with such a weapons would result in 10 years in prison and a $15,000 fine; serious harm to a person increases the penalty to 25 years in prison and a $25,000 fine, while a death resulting from such actions would mean life in prison and a $25,000 fine. Falsifying a terrorist threat would result in a five-year prison term and a $10,000 fine.

The Minnesota crime prevention and health committees held a joint hearing on November 1 to address terrorism prevention and response capabilities. Representative John Tuma, chair of the House Crime Prevention Committee plans to hold hearings in January 2002 to begin considering terrorism-related policy changes and funding. Speaker Steve Swiggum reports that the September 11 terrorist attacks have dramatically changed the legislative agenda for the 2002 session. Public safety issues, airport security and infrastructure improvements have become priorities. Representative Rich Stanek, chair of the House Judiciary Finance Committee believes domestic terrorism will dominate the 2002 legislative session. Other issues that have been discussed include:

Reviewing the state’s terroristic threats statute and penalties to ensure they apply to false threats;

Exempting police investigations of suspected terrorist activity from public reporting requirements and loosening wiretap restrictions;

Improving background checks for workers involved with water works and truck drivers making airport deliveries;

Broadening state powers to quarantine people and property and require treatment to control infectious disease outbreaks;

Funding for public health infrastructure improvements, National Guard call-ups, and anti-terrorism training and equipment;

Economic downturns in the travel and hospitality industries following the attacks;

Measures to protect state agriculture from bio-terrorism.

During the 2002 legislative session, a request for a new anti-terrorism training facility at Camp Ripley, a $50 million project, will be included in the state bonding bill. The facility would include building structures that represent possible terrorist targets (school, shopping center, power station and other public buildings) and which can be used to simulate attacks for training purposes.

The Nebraska Legislature will consider a request from Governor Mike Johanns for $6.5 million to increase Capitol security, including a $5 million wall and police protection. Johanns’ request is supported by recommendations from the state patrol and Capitol security staff. One-time costs would include equipment, training and the wall. Additional staff also would be hired to protect the building, its visitors and state employees. Some senators believe the recommendations are premature and too costly and should be phased in over several years. The Legislature does support some proposals, including better security at the drive-through entrance and dock area.

Nevada Assembly Speaker Richard Perkins, a deputy police chief, believes that the legislation addressing emergency management capabilities and law enforcement will be offered during the 2003 session.

New Jersey has considered several bills during the 2001 session that relate to domestic security and terrorism. More than 100 bills were introduced on October 3; the majority either would help victims or increase criminal penalties for terrorist attacks. A group of four bills was approved on October 3 and signed by the governor. The New Jersey Domestic Security Preparedness Act of 2001 (A.B. 2575) establishes a state domestic security preparedness planning group and task force and provides appropriations to support their work. The law seeks to enhance and integrate security planning and preparedness measures throughout the state by establishing cooperative efforts between state, local and federal governments and the private sector. The nine-member task force will coordinate and supervise all domestic preparedness activities for a terrorist attack. The planning group will assist the task force in its duties and will develop a coordinated plan to prepare for, respond to, mitigate and recover from terrorism incidents. The task force will report annually to the Legislature. The bill appropriated $8.95 million for counter-terrorism, emergency management, and public health activities. Other bills signed into law make it easier for victims’ families to obtain death certificates, relax unemployment eligibility and tax deadline rules, and approve joining the Emergency Management Assistance Compact (EMAC) with 41 other states and two territories.

The Assembly has approved the Anti-Terrorism Act of 2001, a bill aimed at terrorist cells operating in New Jersey. The bill makes terrorism a first degree crime that can carry a 30 year prison term. Terrorism would be added to a list of aggravating factors that would be considered in determining whether to apply the death peanlty. Anyone convicted of harboring a terrorist or hindering prosecution could be guilty of a first degree crime, if the terrorist attack results in fatalities, or a second degree crime (15 year prison term). The measure also includes new penalties for making terrorist threat or engaging in a hoax.

Bills still under consideration include those to establish college scholarships for children and spouses of victims, expand the state’s wiretapping law, increase the penalty for terrorism, add terrorism to the list of aggravating factors to consider in determining whether to impose the death penalty, require background checks for flight lessons, authorize nuclear power plant guards to carry more powerful guns, increase penalties for the sale and possession of fake driver’s licenses, and designate September 11 as “Red, White and Blue Ribbon Day” in honor of the victims.

Other bills introduced and assigned to committees include the following. S.B. 92 makes a supplemental appropriation to the Department of Law and Public Safety for domestic terrorism preparedness; S.B. 1016 creates new offenses of solicitation of material support or resources in support of international terrorism and providing material support or resources for international terrorism; and S.B. 2110 and S.B. 2508 upgrade the crime of terroristic threats to a crime of the second degree and impose a mandatory term of imprisonment for those who make terroristic threats, respectively.

The New Mexico House passed H.M. 1A, a memorial to express condolences to the family of Alfred Marchand, of Alamogordo, N.M., who was killed by terrorists in the World Trade Center attack. The Senate passed an identical resolution (S.M. 2A).

The North Carolina Senate approved a resolution on September 18 honoring the victims of the terrorist attacks and condemning the acts of “unspeakable cruelty and barbarous terrorism.”

The House approved a bill that increases penalties for using a biological or chemical weapon or creating a hoax about such weapons. The House also approved legislation that allows Governor Mike Easley to borrow up to $20 million from the state rainy day fund to better prepare for any terrorist attack by hiring new staff for new anti-terrorism jobs, along with training and equipment. The legislature also authorized spending $1.9 million for anti-terrorism efforts. Easley wants to create six urban search and rescue teams; designate backup facilities for critical state functions and develop a state health alert network for rapid communication among the state’s health departments, hospitals and pharmacies. Representative David Redwine, co-chair of the appropriations committee, foresees the creation of a team of doctors and mobile laboratories to be dispatched anywhere in the state. “We want to be able to respond to something pretty quickly.” Another House bill calls for the creation of a central registry of laboratories that possess potentially lethal biological agents.

The Ohio legislature is considering seven bills that would assist state national guard members, military reservists and veterans. The bills would:

Exempt military income from the state income tax;

Increase the difference the state will compensate state workers between military pay and their normal salary. The last increase occurred during the 1991 Persian Gulf War;

Waive the professional license registration fee for veterans who are accountants, lawyers, barbers and telephone solicitors;

Create the American Red Cross Fund to allow residents to make donations at Bureau of Motor Vehicle offices.

Oregon Speaker Mark Simmons will lead a task force to assess the state’s disaster readiness. Simmons stated that the Legislature plays a role in preparedness because it shapes policy and approves budgets for emergency planning and operations. The task force will begin meeting in November and will issue reports and recommendations for legislation. Governor John Kitzhaber is expected to request additional funding from the legislature by mid-November for training and equipment.

The Pennsylvania legislature returned to session in mid-October. Senator Tim Murphy drafted a bill that makes it a felony to make bomb threats during a state of emergency; during the days following the attacks, hundreds of false bomb threats were made. Bomb threats currently are prosecuted as misdemeanors. A sugar maple was planted on the capitol grounds as a memorial to the passengers of United Airlines flight 93; the flight crashed near Shanksville, Penn. Representative Frank Tulli facilitated the memorial’s approval by the Department of General Services.

South Carolina considered several bills during the 2001 session. H.B. 3223 established the crimes of domestic terrorism, aiding and abetting domestic terrorism, and conspiracy to commit a domestic terrorism act; the bill provide the death penalty for violations of the act. S.B. 387, a concurrent resolution, urged Congress to appropriate and fund $5.7 billion to increase the pay and improve the quality of life of members of the armed forces, along with the funds necessary to modernize, insure maximum readiness and enable the armed forces to meet modern warfare and terrorist challenges in the 21st century.

Legislators did agree to security changes at the State House complex following the September 11 attacks. The State House Committee endorsed a security package at a cost of nearly $500,000. The committee, which has oversight of security and maintenance of State House grounds, adopted several new policies, including hiring 10 new officers to provide additional security in the buildings and parking garage; directed the installation of barriers at strategic locations around the complex; requiring state employees, lobbyists and media to wear state-issued identification badges; and requiring bar-coded parking decals for vehicles entering the underground garage. The committee also is requesting that the city of Columbia remove 39 metered parking spaces near government buildings. Costs will be offset by an increase in the monthly parking fee for the State House garage.

South Dakota legislators, including Senator Fred Whiting, chair of the Senate Judiciary Committee, believe the Legislature will address terrorism during the 2002 legislative session.

Virginia’s Attorney General-elect Jerry W. Kilgore has proposed a package of anti-terrorism legislation that would create new penalties for possessing biological weapons and imposes the death penalty for those who plot terrorist attacks. The package also addresses hoaxes and the use of computers for terrorist acts. Crime Commission Chairman Kenneth W. Stolle and other legislators have questioned whether all features of the package are necessary. Terrorism is expected to be a dominant topic during the 2002 legislative session. Governor-elect Mark Warner has announced a six-point terrorism plan that includes creating an anti-terrorism division in the state police, restoring funding to local law enforcement and replacing the state’s emergency operations center in Richmond.

Out-going Governor James Gilmore is requesting $37.2 million for improvements to the state public health and emergency management systems to protect the state from terrorist threats. The funding would be used to increase staff in the local health districts and regional emergency management offices, hire epidemiologists and scientists for the state laboratory, and buy lab and communications equipment for the state lab and hospitals.

South Carolina Representative Chip Limehouse plans to introduce a port security bill during the 2002 legislative session that is similar to a Florida law. The bill would require port terminal employees in Charleston, S.C., to be fingerprinted and have their backgrounds checked for criminal activity. The Florida law requires its ports to create a security plan and do a criminal history check on employees. Staff convicted of certain drug and stolen property crimes cannot work at port properties.

Washington H.B. 1187 addressed the public disclosure of specific and unique information related to criminal acts of terrorism; the bill was assigned to committee in April 2001. The Legislature passed S. B. 5255, which exempts from public disclosure, inspection or copying any portions of records containing specific and unique vulnerability assessments or response plans that are intended to prevent or mitigate criminal terrorists acts.

West Virginia began a special session on October 21; enhanced security at the Capitol and around the state was on the agenda. The state police, Office of Emergency Services and the fire marshal have exhausted their budgets with overtime due to security concerns and response and recovery operations following summer floods in the southern portion of the state. The Legislature exempted the Homeland Security Commission from the state’s open meetings and freedom of information laws. The commission membership will include the governor, department and agency heads, and four legislators, including the House speaker and Senate president.

Wisconsin Representative Marlin Schneider has asked U.S. senators Herb Kohl and Russell Feingold and U.S. Representative David Obey to consider offering an amendment to the U.S. Constitution to provide for replacement of members of Congress and the Supreme Court, should they be lost in the event of a terrorist attack. The amendment he proposes would allow the state legislatures to appoint temporary members of Congress with the same partisan configuration. Schneider is concerned that a significant number of congressional members and Supreme Court justices could be lost if terrorists were successful in attacking Washington, D.C. Schneider wants to ensure that there is a constitutional mechanism to protect our current form of government. Representative Schneider points out that the Constitution originally provided for state legislatures to appoint U.S. senators; the amendment changing the process to a direct election was approved in the early 20th century.

Governors also have taken action

Governors also have taken action in response to the recent terrorism events. New York Governor George Pataki issued Executive Order 6 in June to establish the commission or terrorism. Executive Order 7 included the State Office of Fire Prevention and Control and the New York City Emergency Management Office as members of the commission.

Alabama Governor Don Siegelman plans to propose to the state Legislature legislation similar to the New York anti-terrorism bills.

On September 13, Arizona Governor Jane Hull announced a special session of the Legislature, scheduled for September 24. The purpose of the session was to recognize the heroes and commemorate the victims of the September 11 “Act of War against the United States” and to provide funds for emergency medical services for illegal immigrants.

Florida Governor Jeb Bush issued Executive Order 262 on Sept. 11, 2001, declaring a state of emergency due to terrorism attacks. The state Department of Law Enforcement has prepared a report about security measures for Governor Bush and other members of the cabinet.

Idaho Governor Dirk Kempthorne ordered the State Police to close on-street parking around the state Capitol. Additional parking restrictions are in place in other parts of the Capitol mall.

Iowa Governor Tom Vilsack has ordered a review of security measures for the Capitol and other state government buildings. Vilsack plans to work with the legislature to establish a comprehensive security plan; the Department of General Services will develop recommendations after examining state buildings. Possible steps include increasing the number of state troopers patrolling the Capitol complex, installing metal detectors and security cameras, and restricting truck access. The legislature already was considering a new security system at the Capitol to restrict access at night. Legislators and statehouse employees would be issued electronic cards that unlock certain doors.

Kansas Governor Bill Graves issued Executive Order 4, which ordered that all flags be flown at half-staff from Sept. 11, 2001, until Sept. 16, 2001, in honor of the people killed and injured during the terrorist attacks. Wooden barricades were erected around the Capitol on September 8 to prevent vehicles from parking under covered entrances. Permanent concrete barriers were installed later in the week. According to a letter to legislators, Governor Graves asked all state safety officials and agencies to report on their readiness for disaster. The reports will serve as a starting point for a newly appointed legislative committee on terrorism and security.

Louisiana Governor Mike Foster expanded the October 8 special session addressing redistricting so that the Legislature can consider financial assistance for military personnel called to active duty. Capitol security now includes inspections at the entrances and at each legislative chamber. Detectors will be routine at the chamber doorways for the foreseeable future. Seating for lobbyists and some public members has been moved into a lobby area outside the Senate; TV monitors allow visitors to follow the proceedings. Balconies above both chambers remain open to the public.

Maine Governor Angus King has asked his cabinet-level anti-terrorism task force to consider how to pay for the additional costs of new services to state residents. The governor has used his contingency fund to pay some additional lab costs, but the account held only $300,000 prior to September 11. King may seek additional appropriations when the Legislature begins its 2002 session.

Minnesota emergency management staff submitted to the federal government a three-year assessment of the state’s financial needs to respond to terrorism prior to the September 11 attacks; the state and its counties should receive $2.6 million for equipment ranging from air monitors to protective suits.

Missouri Governor Bob Holden has established a cabinet-level anti-terrorism position, similar to the post President George W. Bush established for the Office of Homeland Security.

Montana Governor Judy Martz issued Executive Order 25, proclaiming a state of emergency due to terrorist events in New York City and the Washington, D.C., area. The governor directed the expenditure of funds to meet contingencies and needs arising from the emergency.

New Hampshire has established patrols of the Portsmouth Harbor and the Piscataqua River and has increased security at the Seabrook nuclear power plant. In addition, the state is increasing inspections for vehicles carrying hazardous materials.

New Hampshire Health and Human Services Commissioner Don Shumway wants every part of the community, from schools to federal agencies, to be prepared for any disaster. Shumway and state health staff have met with doctors, nurses, the police and rescue workers to train for a biological or chemical weapons attack. Shumway highlights the state’s need for an up-to-date laboratory and communications equipment, along with additional medical staff, as priorities.

New Jersey Acting Governor Donald DiFrancesco created the Office of Recovery and Victim Assistance to respond to the needs of state residents affected by the terrorist attacks. The office will coordinate volunteer efforts and the services of the Port Authority of New York and New Jersey, the national guard and state agencies. Authorities have estimated that as many as 2,000 state residents may have died in the attack on the World Trade Center. Governor DiFrancesco also issued an executive order establishing the New Jersey World Trade Center Victims Memorial Commission; the group will identify and create a permanent memorial in honor of state residents who were victims of the September 11 attacks. The governor issued another executive order to protect job benefits (including salary, pension and health benefits) for state employees who are called to active military duty. Under the executive order, any state employee whose military pay is less than his or her regular salary will receive a differential salary from the state during active service. Employees will retain full seniority when they return to work for the state.

North Carolina Governor Mike Easley and South Carolina Governor Jim Hodges signed a security pact in December to assist each other in the event of an emergency or terrorist attack.

Oklahoma Governor Frank Keating issued Executive Order 39, directing that steps be taken to fly all American flags on state property at half staff until the designated period of mourning ended. Executive Order 40 provides a time limit based upon a proclamation by President George W. Bush.

The Oklahoma Governor’s Security and Preparedness Executive Panel met on Oct. 23, 2001, to discuss what the state has done and plans to do in the future to prepare for bioterrorism.

Rhode Island has qualified for nearly $1.3 million in federal funds to respond to chemical and biological terrorist attacks as one of four states to complete a three-year domestic preparedness strategy. The grant can be used for training courses and to buy equipment to detect chemical contaminants, hazardous materials suits for firefighters and other emergency workers, compressed air tanks and specialized communications equipment. The state has six hazardous materials teams; each team will receive $50,000 to $60,000 worth of equipment. Additional purchases will include a mass victim decontamination unit with showers for washing off chemical contaminants. Other agencies receiving financial support include the state police, the state bomb squad, the Department of Environmental Management and the Emergency Management Agency.

South Carolina Lieutenant Governor Bob Peeler is seeking to establish a state cabinet position for homeland security; duties would include coordination of anti-terrorism efforts and making recommendations to the governor. Governor Jim Hodges believes the position is a good idea; the position could be established by legislative action or executive order.

Texas Governor Rick Perry has appointed a 21-member task force, the Governor’s Task Force on Homeland Security, to study the state’s preparedness for a domestic terrorism incident.

Virginia Governor Jim Gilmore has ordered his 21-member emergency management task force to analyze potential terrorist targets in the state, and to assess the state’s ability to respond. Gilmore is seeking recommendations by November 30 about changes in policies, laws and funding.

West Virginia has relied on State Police officers to man vehicle entrances to the Capitol complex since the September 11 attacks.

Contact Cheryl Runyon in the NCSL Denver office (303) 364-7700, if NCSL can be of further assistance.

State Legislation Addressing Terrorism

State Action

Governors also have taken action

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