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NCSL LegisBriefs 2004

LegisBriefs cover specific topics in state government, analyze successful approaches taken, provide multistate data, offer alternative courses of action and give you resources for more information.


January | February | MarchApril/May | June/July | August/September | October | November/December


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November/December 2004

Autism Disorders
Autism, a developmental disability that affects the functioning of the brain, typically appears during early childhood.  The diagnosis of children with Autism Spectrum Disorders (ASDs) in the United States is becoming an increasingly common occurrence.  Public health officials, researchers, state and federal policymakers, and consumers have mobilized resources in an effort to understand and ultimately reverse this disturbing trend.

Biomonitoring
Biomonitoring—the process of measuring environmental chemicals, such as pesticides or mercury, in people—is also used to look at the chemicals that may affect conditions or diseases such as birth defects, developmental disabilities and cancer.  From helping determine the effectiveness of public policy to responding to terrorism, biomonitoring plays a significant role in protecting public health. Currently, most state laboratories do not have adequate biomonitoring capacity and must rely on federal government assistance.  A federal effort is under way to help states develop this capacity so they can better respond to local health needs.

Hollywood in the Heartland:  State Film Incentives
The film business remains one of the nation’s leading exports.  It’s also an industry on the move. After years of reigning supreme, Hollywood’s status as the film capital of the world is threatened as the industry seeks new locations.  Why do states want films to be produced locally? The answer is easy:  money and lots of it.  Many legislatures, recognizing the revenue potential, are undertaking aggressive campaigns to lure film production to their states.

A Legislator’s Relationship With the Public Sector
Some states prohibit individuals from becoming involved in more than one segment of the public sector.  Laws providing these separations restrict holding dual elected offices, double dipping (having another publicly funded job), representing others before government (representing a client before a state or local agency) and contracting with government (doing business with the state).  At least 46 states restrict state legislators from holding another state-level office.

Long-Term Care and Medicaid
Thirty-two percent of Medicaid money is spent on long-term care.  Although individuals with disabilities and older people make up only 27 percent of Medicaid beneficiaries, they account for 75 percent of Medicaid spending.  The most prominent trend in recent years shows states moving a larger percent of their long-term care funding into home- and community-based services.  Potential savings, consumer demands, new technology, the Olmstead decision and other federal initiatives have fueled this trend.

Overtime Regulations Get an Overhaul
After more than a year of public debate and comment, the U.S. Department of Labor (DOL) published in April the final rule overhauling federal overtime regulations.  It modifies the federal overtime pay requirements of the Fair Labor Standards Act (FLSA).  The new regulation alters the exemption from overtime pay for executive, administrative, professional, outside sales and computer employees, which are often referred to as the “white collar” exemptions.  In general, there are three tests for exemption:  salary level, salary basis and job duties.

October 2004

Abortion Laws in the States
The landmark 1973 Supreme Court case Roe v. Wade is now 30 years old, and abortion remains a hot button issue in state legislatures.  At least 31 states have laws prohibiting certain abortion procedures, including partial birth abortion.  At least 33 states restrict state funding (in the form of Medicaid or other medical assistance) to low-income women for abortions, except in cases of life endangerment, rape, incest or other selected circumstances.  Although federal funds cannot be used for most abortions, states may choose to fund abortions for low-income women through other avenues.

Electronic Communications: Are They Public Record?
Across the United States, there is a growing interest in legislative e-mail.  Only five states have addressed explicitly in statute the issue of whether government officials’ e-mails should be public records.  In a few states, courts have ruled on the issue, or government entities or legislatures have set policies on their own records.  In many states, the issue has not been definitively determined, but is increasingly likely to surface.

State Policy for Hydrogen
Hydrogen technology is developing fast.  The hydrogen industry is heavily focused on research and development. The vehicles that carry people and goods on the nation’s roads run on a well-refined but relatively old technology and fuel:  internal combustion engines operating on gasoline or diesel. As it becomes clear that long-term supplies of oil are diminishing, many policymakers have begun to seriously consider new ways to power cars, trucks and buses.

Assisted Outpatient Treatment for Mental Illness
Untreated mentally ill people comprise a disproportionately large number of both the criminal justice and homeless populations.  One policy option, assisted outpatient treatment (AOT), may benefit those who would not otherwise seek treatment.  This kind of treatment is sustained and intensive, court-ordered and community-based for people with severe psychiatric illnesses or emotional disturbances.  Forty-one states have an assisted outpatient treatment program.

Breaking Down Technological Barriers
In this ever-changing environment of new technology, many people with disabilities are at risk of being left behind.  Section 508 of the Rehabilitation Act—a part of the Workforce Investment Act—was amended in 1998 to require that all electronic and information technology developed, procured, maintained or used by the federal government be accessible to employees and members of the public who have disabilities.  An accessible system includes telephones, voice-mail systems, pagers, fax machines, and any technology used to convey, transmit or receive any kind of information.  States have a variety of ways of providing accessible technology.

Tribal Gaming: Sharing Revenue with States
Gamblers spent $16.7 billion in Indian tribal operations in 2003, according to the National Indian Gaming Commission.  Tribes can agree to share a limited portion of their gaming proceeds with state and local governments, however, subject to approval by the secretary of the Interior.  An agreement (compact) between tribal and state governments must be in place for a tribe to conduct casino-style or high-stakes gambling.  Compacts usually are negotiated by the governor or a designee and sometimes require legislative approval.  Tribes have regulatory responsibility for their operations, although compacts also may include a regulatory role for the state.

August/September 2004

Positive Youth Development: Making the Connections
It's the buzz. The talk. Everybody seems to be doing or promoting it. In the past decade, organizations have changed their focus to "positive youth development." But what, exactly, is positive youth development, and how does it differ from what's been done before?

The Indian Child Welfare Act and the States
Over the years, some federal policies affecting Native Americans have been devastating on the preservation of the Indian family. Based on national studies conducted between 1969 and 1974, 25 percent to 35 percent of Indian children were placed in non-Indian foster or adoptive homes by state courts and welfare agencies. This alarming rate of out-of-home placement came to be viewed as a form of cultural genocide. In response, Congress passed the Indian Child Welfare Act.

"United We Ride:" Coordinating Human Services Transportation
State, local and private agencies offer transportation to people who need it the most--seniors, people with disabilities or those with low incomes. Often agencies offering transportation are unaware of similar services in another agency. As states seek ways to become more efficient, they are looking at coordinating services in order to provide timely, convenient and cost-effective transportation.

New Recommendations for Childhood Influenza Vaccine
The 2003-2004 flu season hit unusually early compared to most years and attracted substantial media coverage, particularly of disease and death among children. Childhood influenza has been a concern of the Centers for Disease Control and Prevention (CDC) for the past several years. Since the last flu season, the CDC and the Advisory Committee on Immunization Practices recently recommended routine use of influenza vaccine for children, 6 to 23 months of age.

Late Budgets
Last year, California, Connecticut, Nevada, New York, Oregon, Pennsylvania and Rhode Island began their fiscal years without final budgets. Although many states have measures to limit the effects of late budgets on government operations, there are consequences for those that fail to pass a budget on time.

Conflict of Interest: What Is It? Can You Avoid It?
Competing interests are common in our lives. They force us to prioritize and make sometimes difficult decisions. For public officials, who must balance their personal interests with the public trust, such conflicts can be more pronounced. Ethicists say conflicts of interests may be the most common ethical dilemma public officials face.

June/July 2004

Minority-Owned Business Development
Minority-owned businesses are growing at more than six times the rate of all firms. A 2002 Kauffmann Foundation study found that minorities, especially African-Americans, are 50 percent more likely to start their own businesses than are other demographic groups.

Energy Security
Energy plays a vital role in American life, but the way it’s delivered exposes it to risk. Vital infrastructure that depends on and supports the energy system includes telecommunications, agriculture, banking, water delivery, health and emergency systems, shipping, and transportation. Policymakers should be aware of the potential risks and policy options related to energy security.

Physical Activity and Community Design
Regular physical activity lowers the risk of certain health problems. State and local government collaboration in designing communities can improve public health by increasing opportunities for more active lifestyles.

Financial Disclosure
Lawmakers in 47 states file regular statements of economic interest. Holding public office means sacrificing a level of privacy in order to promote faith in government. Opinion is split on whether lawmakers should have to reveal amounts.

Environmental Tobacco Smoke
Environmental tobacco smoke is a combination of smoke from burning tobacco products and exhaled smoke. Environmental air quality continues to command the attention of legislators, and the debate about voluntary versus legislated restrictions persists.

Mental Health Services in Rural Areas
Many states have focused attention on mental health issues in rural areas. In rural areas, challenges to providing mental health services are compounded by physical and social isolation, heightened fears about stigmas and confidentiality, and value placed on self-reliance.

April/May 2004

Children's Behavioral Health Screening
One in five children has a diagnosable mental, emotional or behavioral disorder. Behavioral health screening during a primary care visit is an early investment in improving a child's quality of life and reducing the costs of treating a severe disorder.

The Real Cost of Unreliable Child Support Data
States risk losing federal money if their child support agencies do not meet federal requirements to develop and maintain reliable data systems. Although most states have been able to meet these standards, 13 jurisdictions currently face the loss of federal funds.

Connecting Citizens with Legislators
The citizen and government connection needs to be encouraged. American legislators generally agree that their constituents often feel disconnected from government. But other than responding to telephone calls or personal requests, legislators are often at a loss about how to strengthen the citizen connection. There are some exciting programs that are aimed at doing just that.

Security of Spent Nuclear Fuel Stored in Place
Nuclear reactors produce electricity by using fuel made of solid ceramic pellets of enriched uranium sealed in strong metal tubes. Spent nuclear fuel is highly radioactive. How secure are the storage facilities?

High-Risk Insurance Pools: Safety Net or Tightrope?
High-risk pools are nonprofit associations offering special state-supported insurance. The sickest 5 percent of Americans account for more than half the money spent on health care each year. To guarantee that insurance will be available to anyone able to pay, 31 states have created medical high-risk pools or programs, sometimes called comprehensive health insurance plans.

Supermajority Requirements for Tax Increases
There is renewed interest to limit the ability of state legislatures to raise taxes. Severe budget gaps and anemic state revenues forced many states to raise taxes in 2002 and 2003, following seven years of tax cuts.

March 2004

Keeping Child Passengers Safe
Car crashes are the leading cause of death for children over age 1. Six American children die and 721 are injured in motor vehicle crashes every day; 2,095 children were killed in 2002.

Microenterprise Development
A microenterprise is a business with five or fewer employees that requires no more than $35,000 in start-up capital. Microenterprise development programs provide low-income entrepreneurs with the skills and capital needed to start or improve a small business and help them achieve economic self sufficiency.

Get Out and Stay Out: Aiding Offender Re-Entry
More than 1.2 million people were incarcerated in state prisons at the end of 2002. It is estimated that 595,000 offenders were released that year, a 46 percent increase since 1990. There is new attention on helping offenders return safely and productively to society.

State Suicide Prevention Plans
Suicide is the third leading cause of death behind accidents and homicide for young people ages 15 to 24 and the third leading cause of death among 10- to 14-year-olds. Twenty-five states have suicide prevention plans and some have started youth suicide prevention programs.

SUTA Dumping: State Unemployment Tax Avoidance
States have passed laws prohibiting employers from transferring workers to subsidiaries or affiliates that have lower unemployment experience ratings and, therefore, lower insurance taxes This and similar practices have come to be known as state unemployment tax avoidance (SUTA) dumping. SUTA dumping hurts state unemployment insurance (UI) trust funds and shifts the tax burden to law-abiding employers.

States Respond to Term Limits
Although term limits have been around since 1990 when California, Colorado and Oklahoma became the first states to vote them in, it has only been in the last few years that we have been able to measure their effects.

February 2004

Liability Reform for Brownfields
The Small Business Liability Relief and Brownfields Revitalization Act of 2001 (P.L. 107-118) reforms a major hindrance to the cleanup of "brownfields"--abandoned commercial or industrial sites whose future use may be affected by contamination. 

Preventing Cancer: Using Health Dollars Wisely
The costs of cancer in the United States in 2002 exceeded $170 billion. Cancer claims the lives of more than 500,000 Americans each year, making it one of the leading causes of death in this country.

Forest Health and "Healthy Forests"
How do we manage the forests to reduce the catastrophic nature of wildland fires?

Old Drivers
The safe travel of older drivers is an issue many states and organizations are researching.

Social Security Numbers
Several laws and regulations require certain government programs to use Social Security numbers (SSNs) for administrative purposes. With dramatic increases in identity theft, however, concerns about SSN availability have risen.

Welfare to What?
Innovative state welfare programs moved millions of people off the rolls and into the workforce. Recently, state welfare agencies have studied how those who have left welfare are faring.

January 2004

Faith-Based Initiatives in Social Services
The religious community has had a long-standing role of providing social services to poor families, often under contract with state or local government.

The Life Insurance Regulation Compact
Congress has told the states to modernize state insurance regulation or face federal action.

New Approaches to Non-Emergency Medicaid Transportation
Although federal regulations require states to ensure necessary transportation for Medicaid recipients to and from medical providers, states have significant flexibility in choosing how they do it.

The Methamphetamine Menace
Methamphetamine, a.k.a. speed, crank or meth, is the fastest growing drug threat in America.

State Experiences With Crowd-Out Under SCHIP
Before the enactment of the State Children's Health Insurance Program (SCHIP), there was concern about the potential for its substitution for private or employer-based insurance coverage, known as "crowd-out."

Tax and Landowner Revenue from Wind Projects
The wind power industry is experiencing a tremendous surge in growth. Many wind projects are generating tax revenue for counties, school districts and townships.

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