State Legislatures Magazine: January 2001

Editor's Note: This article appeared in the January 2001 issue of NCSL's magazine, State Legislatures. To order copies or to subscribe, contact the marketing department at (303) 364-7700.

Stateline

Trouble Scooting in New Jersey
Motorized scooters and skateboards would be outlawed on most public roads and sidewalks under a bill before the New Jersey Legislature. "The speeds of both motorized skateboards and scooters, which commonly are referred to as 'go-peds,' make them especially dangerous to both riders and pedestrians," said Assemblyman Kenneth LeFevre, sponsor of the measure. Under the law, municipalities would be able to designate property where motorized scooters and skateboards can be operated, but they must require the operator to be at least 12, wear a helmet and have liability insurance. Operators would also be subject to other motor vehicle penalties, including the penalties for drunken driving.

It's Every Year in Kentucky
Like most states (44 to be exact), the Kentucky General Assembly will be meeting every year from now on. In November, the citizens gave the legislature this new right when they adopted constitutional Amendment 1. Kentucky is the first state to switch from biennial to annual sessions in more than a decade. Washington and New Hampshire were the last states to change, doing so in 1981 and 1985, respectively. The remaining six states-Arkansas, Montana, Nevada, North Dakota, Oregon and Texas-hold sessions every other year.

Don't Steal my Name
California, hoping to protect people against Internet fraud, recently passed legislation preventing "cybersquatting." The term refers to registering, in bad faith, ".com" and other domain names that are identical or confusingly similar to famous or trademarked real names of other people, living or dead. Offenders either sell the name to the highest bidder or use it for fraudulent purposes. The Internet Corporation for Assigned Names and Numbers last year developed its uniform dispute resolution policy that trademark owners worldwide can use to reclaim domain names from cybersquatters. And Congress recently passed its own cybersquatting prohibition. The California legislation differs in one significant way from both the federal law and the uniform policy. While those two policies focus on trademarked names, the California law applies to individual names. Although celebrities may trademark their names, trademark and intellectual property law typically does not protect individuals' given names.

Hitting the Books Before Hitting the Road
Getting a driver's permit in Delaware is not as easy as it used to be. A bill passed last summer requires students to meet certain academic standards before receiving a permit. A student needs to earn a passing grade in five credits at the time of certification. At least two of those credits have to be in English, math, science or social studies. Students also have to fulfill the requirements of the driver education program.

Native American to Adorn Dome
Not only will Oklahoma have a new capitol dome, it will also have a bronze statue to place atop it. The decision to have a statue of an American Indian was unanimous by the Capitol Preservation Committee. Senator Enoch Kelly Haney, an Oklahoma state senator and a member of the Seminole tribe, was chosen as the designer of the statue, a symbol of the relations between the state and the Native Americans within it. Haney, an internationally known artist who chairs the Senate Appropriations Committee, is waiving the commission for the statue. Maine, California and South Carolina have also introduced legislation for projects in and around their capitols to honor Native Americans.

The More You Make...
The good economy is overflowing in state treasuries. In fact, state revenues grew by 5 percent in 1999. And individual state income taxes made up the largest chunk of the increase. Connecticut residents paid the highest taxes in 1999, a result of the state's nation-leading average income of more than $39,000. The other highest states were: Delaware, Hawaii, Minnesota and Massachusetts. Citizens of New Hampshire, South Dakota, Texas, Tennessee and Louisiana paid the lowest average per capita income taxes.

Is That Oak or Maple?
The National Arbor Day Foundation is offering a free pocket guide for identifying trees. You may already know oak, maple, fir and pine, which are all included, but can you spot a golden chinkapin willow, or a redbud, or a sycamore from a mile away? Dozens of drawings illustrate the trees' leaves or needles and their acorns, berries, seed pods or cones. "Helping people enjoy and appreciate trees is central to the educational mission of the Arbor Day Foundation," John Rosenow, the foundation's president, said. To get your free tree ID guide, send your name and address to "What Tree Is That?" The National Arbor Day Foundation, Nebraska City, NE 68410.

Iowa Seeks the Poor, the Tired, the Huddled Masses
Cheese fondue may be what most Iowans think of as a melting pot. With nearly 96 percent of the state white, the governor has proposed making Iowa an "immigration enterprise zone," by seeking exemption from federal immigration quotas, helping companies recruit employees abroad, and working with the State Department or refugee organizations to make Iowa a priority destination for refugees. The idea is to ease Iowa's population deficit. With an unemployment rate of 2 percent, there are not enough workers to allow many new businesses to open, or existing ones to expand or even replace retirees. "The point is we need more people," said Governor Tom Vilsack. The idea of making Iowa an Ellis Island of the new century came from a bipartisan committee he appointed.

Arctic Toxins a Concern
During the past decade, scientists working on many separate studies have expressed concern over the increasing presence of toxins such as PCBs, DDT, dioxin and arsenic in Alaska's air, water, wildlife and people. "These contaminants are coming here from thousands of miles away, and over time they are accumulating in the food chain," said Alaska Lieutenant Governor Fran Ulmer. A coalition of a dozen government agencies and native groups recently called for a comprehensive U.S. program to track the pollutants, document their effects and determine the risks. The program would coordinate research, draw on traditional Native Americans' knowledge and observations, educate people about the risks, and work with other Arctic nations to eliminate their use of toxics.

Don't Ride in the Back
Thousands of people have died as a result of riding in the cargo area of pickup trucks, and the American Academy of Pediatrics thinks that's way too many. Forty-eight percent of those killed in 1997 were children and adolescents. Pickup trucks have become an increasingly popular mode of transportation yet no state fully prohibits travel in the cargo areas. Restrictions in some states vary according to age groups, conditions of travel and presence of an enclosed cargo area.

Going to College at Home
Out West, where the antelope roam and towns can be really far apart, governors have created a virtual university designed to bring higher education to far-flung populations. The Western Governors University started offering classes last July using curriculum from universities and colleges located in the 18 member states, American Samoa and Guam. The virtual university grants undergraduate certificates, as well as associate, bachelor's and master's degrees in mostly education, business and information technology. Member states include Alaska, Arizona, Colorado, Idaho, Indiana, Hawaii, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington and Wyoming.

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