July 22, 2003
Homeland Security Activities in States Detailed in New NCSL Report
States pass laws on driver's licensing, cyberterrorism, quarantine
SAN FRANCISCO - Since the tragic events of Sept. 11, 2001, state legislatures have been busy strengthening laws to prevent future terrorist activity, according to a new report from the National Conference of State Legislatures.
"State legislators and our legislative staff understand and accept our responsibility to protect our people and communities from terrorism from abroad and to build a stronger democracy here at home," said Massachusetts Senator Richard Moore, co-chair of NCSL's Task Force on Protecting Democracy.
In July 2002, the Office of Homeland Security identified several policy areas for consideration by states. Included among them were: creation of minimum standards for driver's license integrity; training for prevention of cyber attacks; review of quarantine authority and ensuring continuity of the judiciary.
Driver's License Integrity
Clearly one of the most active areas of policy activity since Sept. 11, 2001 has been strengthening the integrity of driver's licenses. Forty-nine states have considered legislation, while half of those have enacted new measures that ensure the proper identity of driver's license applicants.
Seven states - California, Colorado, Florida, Georgia, Hawaii, Texas and West Virginia - now collect fingerprints at application for a driver's license. Additionally, West Virginia uses facial recognition software to verify the identity of individuals seeking to renew or replace a driver's license.
Cyberterrorism
As the nation becomes dependent on electronic information, protecting the digital infrastructure has become of primary importance. NCSL found that at least 24 states have considered legislation to address information technology security, while 10 states - California, Florida, Illinois, Kansas, Michigan, Nevada, South Carolina, Tennessee, Texas and Virginia - have enacted new laws.
States passed laws to give broader authority to law enforcement officials to investigate potential cyber threats and to create new definitions for criminal activity, among many others.
Quarantine
Model legislation from the Centers for Disease Control and Prevention suggested several changes to state law to empower public health authorities to protect and respond to community health threats while preserving individual rights to due process. Since Sept. 11, 29 states have amended their quarantine laws.
Protecting and Promoting Democracy
In addition to studying issues vital to homeland security, NCSL's Task Force on Protecting Democracy recommended states initiate programs that promote civic education and engagement.
In each of 2001 and 2002, more than 1,600 state legislators participated in NCSL's America's Legislators Back to School Week reaching more than 200,000 students each year. The program aims to build stronger connections between legislators and their young constituents during these challenging times.
While states continue to address the necessary areas of concern, Senator Moore stressed that states can only do so much. Homeland security, according to Moore, must be a partnership between the state and federal governments.
"With states facing continued fiscal stress in the coming year, state government will do their part, but they must have the resources that only the President and Congress can provide. That means the federal government needs to increase and expedite federal financial support for state and local governments to ensure that an effective national homeland security effort will be implemented," he concluded.
Copies of the report are available to members of the media by contacting NCSL's Public Affairs staff at press-room@ncsl.org.
NCSL is a bipartisan organization serving the legislators and legislative staff of the states, commonwealths and territories. Its mission is to improve the quality and effectiveness of state legislatures, foster interstate communication and provide the states a strong, cohesive voice in the federal system.
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