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NCSL LegisBriefs 2005

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 | March | April/May | June/July | August/September | October | November/December
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November/December 2005

Access to Higher Education for Welfare Recipients
Although welfare programs emphasize work, there are many opportunities to allow and encourage postsecondary education as a tool to earn higher wages and become self-sufficient. Most successful programs combine education with work activities.

Small Wind Technology and Policy
From utility-scale farms to smaller machines used to power a home or school, wind energy is currently one of the fastest growing energy technologies in the world. Many states offer grants and loans for the development of distributable renewable energy systems.

Legislative Oversight in the States
Legislative oversight ensures that agencies follow legislative intent in carrying out programs and are good stewards of taxpayer dollars. Almost all state legislatures have created specialized program evaluation offices charged with carrying out oversight studies.

Domestic Violence Against American Indian Women
Many American Indian women choose not to report domestic violence for fear of alienation from their family and tribe, concern that their children could be taken away, lack of money or shelter, or acknowledgment that such crimes are often not prosecuted.

Cradle-to-Grave Electronics Management
What can we and should we do with the escalating number of electronic units being thrown away? Electronics recycling and e-waste management has received growing attention on Capitol Hill, while state legislatures have attempted their own solutions.

Driving Without a License
Unlicensed drivers are believed to be the most dangerous drivers on the road. All states have passed laws including fines, penalties and additional license suspension to combat this serious and growing traffic safety issue.

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October 2005

Lobbyists’ Disclosure and Registration
States require lobbyists and their employers to disclose their expenditures. Most states ask for detailed lists of how much lobbyists spend, what they spend it on and who benefits.

Enterprise Zones: Development for Distressed Communities
Most states have zone-based initiative programs designed to encourage investment and economic growth in distressed communities.  Significant disagreement still exists, however, on whether they deliver the expected benefits to states, communities and families.

Financial Literacy Tools for Young People with Disabilities
Research shows that low educational attainment, employment expectations, and confusing governmental programs with conflicting eligibility criteria have resulted in many disabled youth not making successful transitions from school to college, employment or independent living.

Health Care in Indian Country
Illnesses that plague the general population disproportionately afflict Indians. Factors that contribute to poor Indian health include rising health care costs, federal budget reductions, cultural differences and the remote location of many Indians.

Legislative Use of Performance Information
Policymakers continue to be attracted by the potential link between funding and program performance. There is no doubt that performance indicators can offer some basic accountability to the budgeting process, although a direct connection between performance and appropriate funding levels is difficult to make.

Hospital-Acquired Infection Disclosure Gains Momentum
Legislation forcing hospitals to detail the number of patients infected while under their care may help patients and insurers. But, there is no standard method for counting infections and hospitals seldom know if an infection was acquired before, during or after a patient’s stay.

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August/September 2005

Managing Legislative Time
Lawmakers have adopted processes to maximize the use of legislative time--both in planning the overall session and managing work on the floor, such as allowing pre-filing of bills, controlling debate and limiting congratulatory bills.

Treating Obesity
For most people, obesity prevention and treatment means a healthier diet and more exercise.  For the morbidly obese, the most effective treatment is weight loss (bariatric) surgery. Most states cover this surgery under Medicaid.

Tackling Energy Security
Threats continue to highlight the vulnerability of our nation’s energy infrastructure. It’s important for state officials to know what they can do to establish a more secure, reliable energy system.

Rated E for Everybody?
With the expansion of video and computer software game sales, concerns are rising regarding kids’ use of and access to the more violent and sexually explicit games.  A handful of bills have been enacted addressing selling or renting violent or sexually explicit video games to minors.

Medicare and State Pharmaceutical Legislation
For the first time, Medicare will offer an outpatient prescription drug benefit beginning in January 2006. The new federal assistance will allow states to reconfigure their programs so residents can take advantage of federal benefits, reduce duplication or change eligibility.  But states are under a tight timeline to meet the act’s deadlines.

Safety Net Providers
Safety net providers organize and deliver a significant level of health care to the uninsured as well as Medicaid patients. But recent reductions in state Medicaid programs combined with an increased number of uninsured people have stressed the already fragmented financing for the safety net.

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June/July 2005

Preserving the Past with Tax Incentives
The federal government and a number of states have taken steps to protect historic places.  Usually, state incentives are either a property or an income tax break, although some states offer both.

Education Finance Litigation
Education finance litigation continues to be a significant challenge for states. Litigation has shifted toward adequacy claims, which are about a state’s responsibility for providing a basic level of funding to ensure good quality education for all students.

Medical Marijuana
The growing debate over the use of marijuana to alleviate pain and suffering associated with certain illnesses has been argued before state legislatures, the federal government, health care organization, law enforcement agencies, and many state and federal courts.

Improving the Lives of Young People with Disabilities
Studies show that young people with disabilities are performing at lower academic levels than their nondisabled peers. To increase achievement and prepare youth for the world of adulthood, transition services can help.

Women’s Legislative Caucuses
Women’s caucuses exist in several state legislatures.  Most are bipartisan and represent both houses. They encourage collegiality, participation and cooperation among elected women.

Cell Phones and Novice Drivers
The proliferation of cell phones has drawn new attention to an old traffic safety problem--driver distraction. There is growing agreement in many states that young novice drivers’ use of cell phones should be restricted.

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April/May 2005

Women and Cardiovascular Disease
The No. 1 killer of American women is cardiovascular disease.  State and federal governments, foundations, nonprofits, schools and private employers are taking action to change perceptions, raise awareness and engage women in lowering their risk for heart attack and stroke.

Changing the Face of Long-Term Care
To help Congress understand the challenges states face in financing and delivering long-term care, the Congressional Research Service began a study of 10 state long-term care systems.  This report looks at completed reports on three states.

Backyard Burning
Burning trash in one’s backyard releases toxic emissions, including nitrogen oxides, volatile organic compounds, carbon monoxide, particulate matter and dioxins.  Every state has rules or regulations on backyard burning, and many states are encouraging alternatives to the practice.

Surviving Cancer
Advances in medical technology have lead to earlier diagnoses and better treatment of cancer, resulting in better survival rates.  State lawmakers are addressing the numerous health, financial, psychological and physical issues survivors face throughout their lives.

Recording Devices in Movie Theaters
Video piracy costs motion picture companies billions of dollars.  Some states are looking at model legislation that addresses the issue of piracy by obstructing camcorder users who film and distribute illegal copies of motion pictures over the Internet and on compact disks.

Human Trafficking
The international problem of “people trafficking” often forces women and children into slavery, bondage and prostitution.  Between 18,000 and 20,000 are smuggled into the United States every year.  Several states have enacted laws to make human trafficking a felony.

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March 2005

Enforcing and Evaluating Victims’ Rights Laws
State legislatures have enacted numerous laws advancing the rights of crime victims, but problems remain in enforcing the laws. Today, state legislatures are shifting their focus to enforcing, measuring and holding the system accountable to crime victims.

New Departments Address Disability Issues
People with disabilities can live independent, productive and meaningful lives when provided the right education, training, supports and services.  Many programs across federal and state agencies provide all kinds of services, but can be confusing to find.  So states are creating stand-alone disability departments to coordinate services.

Stem Cell Research
Stem cell research has become the focus of heated debate in state legislatures. Ethical, moral and personal concerns collide with complex policy questions, creating a rigorous decision-making process for legislators involved with this issue.

State Tobacco Tax Trends
Cigarettes and other tobacco products have been recent targets for excise tax increases.  More than half the states have raised rates over the past two years. Tax increases often have the dual purpose of raising revenue and discouraging tobacco use.

Health Savings Accounts
The hot new approach to health coverage are health savings accounts. They are the most flexible and portable personal health spending accounts.  Proponents and critics generally agree on what the accounts do, but differ on the implications.

Regulating Vendor Lobbyists: A New Trend
All states require lobbyists to register and disclose certain information about their expenditures.  The latest trend involves broadening the definition of lobbyist, so that people who conduct more types of interactions with public officials must register, including vendors trying to secure state contracts.

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February 2005

Governing Early Education
Recent trends show that legislators, while considering governance, also aim to coordinate early childhood and child care programs in order to reduce duplication and ensure effective and efficient services.  Three states passed legislation in 2004 to change the administration of early education programs.

Online Enrollment in Medicaid and SCHIP
Nearly half the states now use online enrollment for Medicaid and SCHIP.  Online enrollment simplifies the process of applying for Medicaid and SCHIP.  Applicants can fill out and submit an application discreetly from any computer, anytime, reducing stigma and the constraints of business hours.

VoIP: The Future of Telephone Service
Voice-over-Internet-protocol (VoIP), allows callers to talk using the Internet.  IP based communications are touted by some as the future of telecommunications.  One survey indicated that as many as 30 percent of all homes will subscribe to VoIP in the next three years and some analysts predict that it will soon overtake traditional phone service as the unquestioned leader in voice communication.  VoIP raises questions regarding jurisdiction, regulation and taxation which are currently being debated in the state legislatures, Congress and at the Federal Communications Commission (FCC).

Restricting the Sale of Pseudoephedrine to Prevent Methamphetamine Production
Methamphetamine, a dangerous stimulant similar to cocaine, is easily abused and is a growing problem in the United States. Methamphetamine precursors, the main ingredients in cooking methamphetamine, are pseudoephedrine (or ephedrine or phenylpropanolamine) and anhydrous ammonia. Pseudoephedrine is a drug commonly found in over-the-counter cold medicines.  Almost half the states restrict the sale of pseudoephedrine, but no state has passed legislation regulating how anhydrous ammonia tanks must be locked.

Rural Development Legislation
Rural communities often enjoy unique resources, but face special problems that can hinder their development. Although legislative rural development efforts encompass a wide variety of issues, this brief highlights four major areas of legislative action that lawmakers across the country focused on in 2004.

Customizing Jobs for People with Disabilities
Finding efficient and effective ways to provide appropriate jobs and employment services for people with severe disabilities can be a challenge. To help, the U.S. Department of Labor has developed a customized employment pilot project in 16 states.  Although these customized employment projects are relatively new, through careful planning and links with public and private employment service providers, states can design an effective framework that can help shape the operations of a broader workforce development system.

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January 2005

The Property Tax: Key Local Revenue
Local governments and school districts depend on property taxes. Even though the proportion of property taxes in state and local tax collections has steadily declined since the 1940s, local governments and school districts still depend more on property taxes than on any other revenue source.

Capping Support for College Presidents
College presidents’ salaries have steadily increased. Some state legislators are concerned that a president’s compensation is taking priority over the need to keep college affordable for students. Consequently, some policymakers are responding by enacting legislation limiting the amount of state dollars dedicated to the salary of college leaders.

Refusing Drunk Driving Tests
Civil penalties encourage test refusal.  Offenders who refuse tests may be more likely to be acquitted, charged with a lesser offense, given a plea bargain or have the charges dropped altogether.  At least 16 states have responded to the problem of chemical test refusals by imposing stronger penalties that make it less attractive to refuse, either in the form of criminal penalties or enhanced civil penalties.

State-Tribal Partnerships on Child Support
Providing child support services to tribal families has been a challenge for states and tribes alike.  The U.S. Constitution, numerous court decisions and federal statutes clearly give to Indian tribes important powers of self-government. States must respect the authority of the tribes and simultaneously provide services for tribal members, as they are also citizens of the state in which they reside.

Community Health Centers: An Update
Since the first one opened its doors 40 years ago, community health centers have specialized in providing affordable primary and preventive care services to our nation’s poor and underserved people, regardless of insurance status or ability to pay. They serve nearly 3,600 communities across the country—about 15 million people. These health centers are local, community owned and operated facilities financed by Medicaid, Medicare and private insurance payments as well as federal, state and local contributions.  Today, community health centers can be found in all 50 states and U.S. territories. Thirty-two states provide funding. Budget woes in the states, however, resulted in 18 states cutting their level of dedicated financing for health centers last year.

State Arts Endowments
To bolster funding for the arts, legislatures have created arts endowments (also called cultural trusts). Endowments are independent pools of money set aside for a specific use.  Public endowments are created through legislation and managed by the state or a separate nonprofit organization. The sizes of the funds vary.  Seventeen states and Puerto Rico have some type of cultural endowment.


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