The Legislative Lawyer A publication of the Legal Services Staff Section (LSSS)
November 2014 State News
Colorado | Delaware | Florida | Indiana | Kentucky | Maryland | Michigan | Minnesota | Missouri | Ohio | Pennsylvania Texas | Virginia | West Virginia panels underneath are being repainted to match the original Colorado | Debbie Haskins stenciling. The trim colors in the chambers are also being repainted to the original colors. Eventually, they hope to take out the dropped ceilings in the chambers and restore Every bill that is introduced in the Colorado General the atrium windows that are underneath the current ceilings. Assembly must be written, edited, revised and approved Colorado built a new judicial building a few years for form by the Office of Legislative Legal Services prior ago and relocated the attorney general’s office into the to introduction. One of the steps that the office follows is new judicial building, freeing up office space in a building that a senior level attorney revises every bill draft after it is across from the State Capitol. This has led to some relo- edited by a legislative editor. Revisors look for legal issues cation of legislative staff offices and some legislators will with bill drafts, such as whether the bill conflicts with a be moving their offices to the newly vacated space. OLLS state constitutional provision or complies with any number did not move, but the State Auditor’s Office moved and of statutory provisions affecting legislation. An internal parts of the Legislative Council moved to the state audi- committee of attorneys and legislative editors met last tor’s vacated space. Musical chairs! Some larger commit- year to see if we could create better standards for revising tee room spaces in the State Capitol are being created out changes. This effort has led to a revisor work group, which of former spaces that were used as offices for legislators. is creating a two-page checklist with electronic links to key provisions in the OLLS Drafting Manual, statutory require- ments and state constitutional provisions. The checklist will DELAWARE | Rich Dillard be used by revisors to remind them of all of the various rules and requirements that bills need to conform to in Colorado. We hope that this will improve the quality of our overall The Chief Medical Examiner’s Office was rocked by a revising and our bill drafting. series of allegations of nonfeasance, malfeasance and a The office is also working on modernizing the standard couple of other feasances. The Chief Medical Examiner language used for concurrent resolutions to amend the state himself was accused of spending much of his time doing constitution and for statutory referendums for referred bills. side-work in other states, and it was discovered by happen- An ad hoc committee studied the standard language and has stance in a courtroom cross examination that drug evidence made recommendations to reduce unnecessary language, had been tampered with. The full extent of the “tampering” provide the actual date of the election, eliminate passive and the full impact upon past convictions and upcoming voice and eliminate archaic phrases, such as “the said,” “to prosecutions is yet to be determined. The general assembly wit,” and “as provided by law.” responded by dissolving the Chief Medical Examiner’s We are excited that the Capitol dome restoration Office and creating a Division of Forensic Science under project has been completed and that the observation deck the Department of Safety and Homeland Security even will reopen to the public on Oct. 2. This view allows for a though there was some opposition to bringing the folks 360-degree view of the city. The project repaired the copper responsible for drug testing for potential criminal prosecu- drum underneath the gold dome and regilded the gold on tions within the same department as the State Police [SB 241 the gold dome. The next renovation project is ongoing in w/ SA 2 and SA 3]. the House and Senate chambers. The acoustical tile that Tanning for Prom will have to come from a can was placed on the chamber walls has been removed and the instead of a booth as of 2015 due to the passage of a ban The Legislative Lawyer November 2014
on the use of tanning booths by anyone under 18 [SB 94]. essentially parallel the existing standing committee For those 18 and older, they will get to see large signs in structure by subject matter. The Legislative Council the tanning facility listing all of the reasons as to why they reduced the number of permissible meetings, removed the shouldn’t be there. discretion of a committee chair to entertain topics other The governor’s proposed additional 10¢ a gallon than topics assigned by law or the Legislative Council and gas tax mentioned in the last missive never even made it reduced the number of lay members serving on interim to the starting gate—it never even got introduced. It was study committees. replaced by a 50-percent increase in the weekend tolls to As the interim winds down, the Office of Bill Drafting get to the Delaware beaches. and Research (OBDAR) is already preparing for the first Also a nonstarter was the governor’s proposed regular session of the 119th general assembly. The prepara- household clean-water fee to be collected through county tions are moving forward under new leadership following property taxes. the retirement of John Rowings from his post as Director On a less somber [sober] note, you can now (openly) of OBDAR, a position in which he had served since 1997. enjoy an adult beverage while in your local movie theater John worked in numerous capacities at the Indiana Legislative [HB 299 w/ HA 1] if the theater pays a $750 a year license Services Agency (LSA) in a career that spanned more than fee, limits consumption to two drinks per person per thirty years. He was so well regarded by the Legislative movie and [wait for it] watches the audience via video Council and other legislators that he was asked to serve cameras. Bottom’s up! for a session as the acting executive director of the LSA in 2006–2007. The attorneys in OBDAR will miss John’s steady demeanor and unique sense of humor. FLORIDA | Edith Elizabeth Pollitz Ross Hooten was named director of OBDAR in September. Ross had served as a deputy director of OBDAR since the fall of 2012. He begins his tenure as director with The Florida Legislature held a special session in August 18 years of experience at OBDAR. as the result of court action throwing out redistricting of a couple of congressional districts as violative of the 2010 “Fair Districts” constitutional amendment (legislators cannot KENTUCKY | Josh W. Nacey draw the districts to favor incumbents or a specific political party) and ordering the legislature to convene to fix them. Senate Bill 2A made adjustments to the offending districts Kentucky’s Constitution requires the Kentucky General by making minor changes in a few adjacent districts, effec- Assembly to convene for not more than 60 legislative days tive after the 2014 elections, and the court approved the in even-numbered years and for not more than 30 legisla- redrawn material. An appeal is apparently in the works. tive days in odd-numbered years. During the 2014 regular session, the legislature met for 59 days. During this session, a total of 820 bills were introduced. There were 240 INDIANA | Ross Hooten Senate bills (SB) and 580 bills originated in the House of Representatives. Of those, 51 Senate bills and 88 House bills were signed by Governor Steve Beshear. The interim between the second regular session of the Legislative sessions held in even-numbered years are 118th general assembly and first regular session of the primarily focused on the passage of a two-year state bud- 119th general assembly is winding down with a Nov. 1 get and this year was no exception. The 2014 budget bill, deadline to complete interim study committee business. House Bill (HB) 235, provided for $20.3 billion in spend- This interim marked the debut of a new interim study ing for the biennium. The bill was another in a long line of committee approach that has rendered study commit- tight budgets that required many state agencies to endure a tee activity subject to greater control by the Legislative five-percent spending cut. Not all agencies and programs Council. The new approach began with the enactment were cut, however. Medicaid was not affected by the reduc- of SEA 80-2014. The act repealed a number of statutory tions and K-12 per pupil funding was increased. While interim study committees and replaced them with seven- spending for post-secondary education institutions de- teen new interim study committees. The new committees creased by 1.5 percent, bond-funded capital construction
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programs proceeded for many campuses. Further, state employees and teachers will receive salary increases. MARYLAND | Elizabeth Mehl Budgets for the legislative and judicial branches and the state road plan were enacted this year. HB 237 autho- rized $5.2 billion for road and bridge projects for the next The Maryland General Assembly will experience sig- two fiscal years. nificant changes in the 2014 general election. Out of a Among the other bills signed into law: membership of 188, 10 senators and 52 delegates have announced their retirement, are running for other office or SB 98: Establishes an adult abuse registry to assist were defeated in the June 1 primary election. The entire adult care professionals in determining if a prospec- general assembly is up for re-election every four years. tive employee has a history of substantiated abuse, The November election will also decide a consti- neglect or exploitation of adults. tutional amendment adopted by the general assembly SB 66: The “Boater Freedom Act” requires boating during its 2013 session that directed the proposal be put enforcement officers to have a reasonable and artic- before the voters during the next general election (2014). ulable suspicion of violation of the state’s boating Known as the “Lockbox” Amendment, it mandates that laws before they may board and inspect a boat Maryland’s Transportation Trust Fund be used only for located on Kentucky waterways. purposes relating to transportation and generally prohibits the transfer of funds to the General Fund. A simple major- SB 124: Allows doctors at the University of ity of votes is required to pass the amendment. Kentucky and the University of Louisville to During its 2014 session, the General Assembly of research and prescribe cannabis oil for medical Maryland considered over 2,600 bills and resolutions. Of purposes. these, 657 were enacted. HB 5: Requires public agencies that maintain Minimum wage. On May 5, 2014, Governor personal information to notify citizens who are Martin O’Malley signed the Maryland impacted by security breaches. Minimum Wage Act of 2014 (HB 295). The SB 109: Forbids the sale of e-cigarettes to people law took effect July 1, 2014, and requires under the age of 18. employers in the State, as of Jan. 1, 2015, to pay the greater of the federal minimum wage SB 184: Allows a person to remove from their crimi- or a state minimum wage of $8.00 per hour to nal record any nonviolent offenses that resulted from employees subject to federal or state minimum that person’s status as victim of human trafficking. wage requirements. The law phases in subse- HB 81: Introduces an employee suggestion system quent annual increases in the state’s minimum for Legislative Research Commission employees wage from July 1, 2015, $8.25/ hour; July 1, and requires the motto “In God We Trust” to be 2016, $8.75/hour; July 1, 2017, $9.25/hour; and prominently displayed in legislative committee on July 1, 2018, $10.10/hour. An exception is rooms. allowed for some employers in amusement or recreational establishments. HB 69: Makes it a felony offense to possess a “tax zapper,” which is a device that could be used on a Decriminalization of marijuana. SB 364 computerized cash register to help a retailer hide reclassifies the use or possession of less than sales that are subject to tax collection. 10 grams of marijuana from a criminal offense to a civil offense. Fines may range from a SB 225: Prohibits the practice known as “up-skirt- maximum of $100 for a first offense, $250 ing” in which cameras or video recording devices for a second offense, and $500 for a third or are used in order to view a person’s undergarments subsequent offense On a third or subsequent without the person’s consent. offense a court must order the offender to SB 213: Allows alcohol sales on Sundays at small attend a drug education program approved by farm wineries, if authorized by local government or the Maryland Department of Health and Mental a local option election. Hygiene, refer the person to an assessment for
3 The Legislative Lawyer November 2014
substance abuse disorder, and refer the person Domestic Violence/Burden of Proof and to substance abuse treatment, if necessary. Protective Orders. A number of bills were An individual younger than 18 charged with adopted by the general assembly to address the this civil offense is subject to juvenile court issue of domestic violence: SB 333 and HB 307 procedures and dispositions, including referral alter the standard of proof, from “clear and con- to an alcohol or substance abuse education or vincing” evidence to a “preponderance” of the rehabilitation program. evidence, by which a judge must make specified findings before granting a final protective order Medical Marijuana Commission. Established or mutual protective order, extending a final in 2013, the Natalie M. LaPrade Medical protective order, or issuing a final peace order Marijuana Commission is required to annually or mutual peace orders. Further, SB 334 and HB issue a request for applications for academic 309 expand the circumstances under which a medical centers to operate medical marijuana permanent final protective order is obtained. The compassionate use programs. Legislation passed law requires a court to issue an order against an in 2014 (SB 923 and HB 881) expands the state’s individual who is sentenced to serve a term of medical marijuana program to allow qualifying imprisonment of at least five years for specified patients to obtain medical marijuana through acts of abuse and has served at least 12 months. persons other than academic medical centers. The The bills also add the crime of second degree commission is currently working on regulations assault to the list of crimes, the commission of to implement the program. which subjects an individual to the issuance of a Pre-K expansion. The fiscal 2015 budget includes permanent final protective order. $4.3 million for the Maryland Prekindergarten Expansion Program. Prekindergarten services are extended to eligible four-year-old children, from families who income is no more than 300 MICHIGAN | Lorna Beard percent of the federal poverty guidelines, through a competitive grant program to provide funding to qualified public and private prekindergarten The Michigan Legislature enacted several laws of note providers. in 2014. Senate Bill No. 934 was enacted in May to repeal the Minimum Wage Law of 1964 and create the Fairness for all Marylanders Act of 2014. Workforce Opportunity Wage Act. Under this new act, the Effective June 1, 2014, SB 212 prohibits dis- standard minimum hourly wage was increased beginning crimination based on “gender identity” in public Aug. 31, 2014. The act provides for specific increases on accommodations, labor and employment, and Sept. 1, 2014; Jan. 1, 2016; Jan. 1, 2017; and Jan. 1, 2018. housing by persons licensed or regulated by a Beginning Jan. 1, 2019, the standard minimum hourly wage unit of the Department of Labor, Licensing, and rate is indexed to inflation. An annual increase must not Regulation. Discrimination based on gender exceed 3.5 percent and does not take effect if the unem- identity and sexual orientation in state personnel ployment rate for the state is 8.5 percent or greater for the actions and in the leasing of property for com- year preceding the year of the prescribed increase. The act mercial use is also prohibited. The law exempts also requires the minimum wage for tipped employees after the rental of rooms or apartments in an owner’s Sept. 1, 2014, to be 38 percent of the standard minimum principal residence. Also, religious corporations, hourly wage rate if certain conditions are met. associations, educational institutions and societies Another issue addressed by the Michigan Legislature are exempted from the employment discrimination in 2014 related to the tax on certain manufacturing personal provisions with respect to employment of property. Legislation enacted by the Michigan Legislature individuals of a particular gender identity to in December 2012 provided for the phaseout of the tax on perform work connected with the activities of eligible manufacturing personal property. Those changes the religious entity. were only to take effect if approved by voters on an August
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2014 ballot question. In 2014, before the August election, including more than 150 line-item budget vetoes. A total of the Michigan Legislature passed a package of bills that 47 spending vetoes were overridden, at an estimated cost would replace the 2012 legislation on the August 2014 to the state of $35.5 million. This followed a summer in ballot. These bills would essentially eliminate the tax on which the governor vetoed $275 million in the state budget eligible manufacturing personal property and provide that began July 1, and withheld an additional $846 million mechanisms for local units of government to replace to be released in the event state revenue collections increased. a portion of that lost revenue. These bills required and Following an earlier regular-session veto override of received voter approval on the August 2014 ballot. You legislation reducing the state income tax rate, the general can find detailed information regarding these bills at assembly overrode another 10 non-budget bills, another www.legislature.mi.gov/documents/2013-2014/billanalysis historical record. Among the successful overrides were /Senate/pdf/2013-SFA-0821-U.pdf. bills to: triple the waiting period for abortions, requiring The Michigan Legislature also enacted a number of a wait of 72 hours; create a special training program for health-related bills. Senate Bill No. 92 requires pharmacy teachers to carry guns in classrooms; bar the sale of elec- technicians to be licensed under the Public Health Code. tronic cigarettes to minors; provide for nonprofit alternative The bill requires an individual to be licensed if he or she schools in St. Louis and Columbia; and equip water patrol performs certain pharmacy-related functions described in boats with defibrillators and life jackets. the legislation. The bill also sets forth the licensure criteria. The governor prevailed on several tax bills, including House Bill No. 4486 amended the Mental Health Code to sales tax breaks involving computer data centers, electric allow a court to order involuntary treatment for an adult companies, fitness clubs and restaurants. who has a substance use disorder under certain circum- Prefiling of bills for the next legislative session begins stances. Another package of bills was enacted to allow Dec. 1, with the regular session to begin Jan. 7, 2015. physical therapists and physical therapist assistants to treat individuals without first obtaining a prescription, subject to certain conditions outlined in the bills. OHIO | Megan Cummiskey and Emily Wendel
MINNESOTA | Karen Lenertz The Ohio General Assembly passed a flurry of legislation before recessing for the summer. In June alone, the gov- ernor signed 45 acts into law. Among other areas of law, The Women’s Economic Security Act (WESA) was signed these acts affected the following subjects: into law on Mother’s Day, creating sweeping employee protection changes. WESA gives employees the right to Transportation. The general assembly worked disclose wages to their coworkers; requires equal employ- quickly in late May to authorize a new toll system ment treatment of employees with children under the age for a future bridge spanning the Ohio River of 18; provides additional accommodations for pregnant between Cincinnati and Kentucky. The new women and nursing mothers; expands new parent leave bridge would replace a 50-year-old, double- from 6 weeks to 12 weeks; expands the list of family decked bridge that carries 172,000 vehicles per day. members an employee can use sick leave to care for and Criminal law. The general assembly passed a creates a new safety leave accommodation; and requires bill to increase protections for minor victims state government contractors to obtain equal pay certifi- of human trafficking, prostitution and related cates. The bill passed with bipartisan support. offenses. Health care. In late spring, the legislature MISSOURI | Russ Hembree passed several bills related to ongoing concerns over the rise in opiate addiction among Ohioans. These bills include provisions requiring hospice This year’s Veto Session of the Missouri General Assembly care programs to strengthen protections against took place on Sept. 10, with the annual Veto Session focused the diversion of opioids; modifying informed on an unprecedented number of gubernatorial vetoes, consent requirements for opioid prescriptions
5 The Legislative Lawyer November 2014
to minors; amending the laws governing Ohio’s then chair of the Senate Aging and Youth Committee, centralized prescription drug database; and des- which resulted in a November 2012 report containing ignating the first Friday in May as “Prescription specific recommendations. Among other changes, the Drug Abuse Awareness and Education Day.” new laws established a comprehensive system for pro- fessional educators who are investigated and disciplined Energy and utilities. After a series of related for misconduct, made critical improvements to the list of bills failed over the last year, the general individuals who are required to report child abuse, pro- assembly passed legislation that, among other vided for multidisciplinary investigative teams to coordi- provisions, temporarily freezes increased nate child abuse investigations between county agencies renewable energy requirements that would have and law enforcement and required the Department of applied to certain utilities and creates a study Public Welfare to establish a secure, statewide database to committee to examine any necessary changes include reports of child abuse and information on children to Ohio’s requirements for renewable energy, in need of protective services. energy efficiency and peak demand reduction. The tragic and destructive crime of human trafficking Administrative law. The legislature passed a has been highlighted by the enactment of Act 105 of 2014 bill to overhaul the administrative rule-making (Senate Bill 75), which provides prosecutors with a more process and the activities of the legislature’s accurate definition of human trafficking and addresses a Joint Committee on Agency Rule Review. weakness in the state’s prior law that often allowed traf- fickers to be charged with lessor crimes. The general assembly broke its summer recess in The Commonwealth successfully enacted a balanced August and September to hold a series of hearings on a budget (fiscal year 2014–15) this past summer only to bill that would repeal and replace the Common Core State have Governor Corbett line-item veto certain components Standards Initiative academic content standards and assess- of Act 126 of 2014 (House Bill 278) [amending The Fiscal ments. Additionally, the Ohio Constitutional Modernization Code] related to appropriations for the general assembly. Commission, which is a legislatively created body consist- Both the House and Senate chambers of the general ing of members of the general assembly and the public, assembly took actions aimed at banning most types of cash has continued to meet during the summer to consider gifts given concerns about recent allegations that some recommending changes to several areas of the state consti- state representatives had accepted cash payments from a tution, including redistricting, elections and the judiciary. confidential informant. Such actions do not preclude legal Ohio expects an active “lame-duck” session following the campaign contributions. The House Bipartisan Management November election. Committee adopted a new ethics rule prohibiting cash gifts. Meanwhile the Senate adopted Senate Resolution 339 changing the Senate Ethical Conduct Rules by implement- PENNSYLVANIA | Jason R. Brehouse ing a ban on cash gifts to senators and staff. The Senate also introduced and passed (49–0) Senate Bill 1327 that would statutorily prevent the acceptance of cash gifts for all state The Commonwealth of Pennsylvania 2013–2014 session and local public officials and employees. This legislation is is about to come to a close as of Nov. 30 and will engage currently in the House and it appears unlikely to be taken up in a new two-year cycle in the coming year. The following before the end of the current session (2013–2014). is a few highlights of recent legislative developments in Act 139 of 2014 (Senate Bill 1164) was recently the Commonwealth. enacted with the goal of saving the lives of drug overdose During the current session, the Pennsylvania General victims. The legislation was introduced by the major- Assembly passed more than 22 pieces of legislation as ity leader of the Pennsylvania Senate (Sen. Pileggi) and part of a child protection package aimed at further pro- provides Good Samaritan immunity from prosecution for tecting Pennsylvania’s children. All of the bills have been certain drug crimes to bystanders who seek help when a signed into law. Many of the legislative proposals were person overdoses on drugs. The legislation was amended the result of work undertaken by the Pennsylvania Task in the House to make naloxone (aka Narcan), an anti-over- Force on Child Protection created by Senate Resolution dose drug more easily available to police, firefighters and 250 of 2011, introduced by Senator Kim Ward who was the family and friends of those at risk of overdosing.
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The State Senate of Pennsylvania, in response to the degree or credential completion, not to mention the main passionate stories of its constituents concerning the need priority of drafting the state budget. Legislative commit- to access medical cannabis, passed (43–7) Senate Bill tees and policy groups began meeting during the interim, 1182 (Folmer), which would create the Medical Cannabis with the House Appropriations Committee already in full Act. However, the Medical Cannabis Act will have to wait swing. until at least next session to become law as the House As if those things were not interesting enough, the currently lacks consensus on the issue. 2014 election cycle is particularly significant for state Companion legislation amending the Municipalities government because no incumbent statewide elected Financial Recovery Act (Act 47 of 1987), represented by official in the executive branch whose term is expiring is House Bill 1773 and Senate Bill 1157, was introduced running for reelection. Notably, Governor Rick Perry, who earlier this session, although House Bill 1773 has been has been the governor of our fair state since 2000, will targeted as the vehicle for this comprehensive legislation not be returning to the Governor’s Mansion. In addition, on track for enactment before the end of the current ses- Lieutenant Governor David Dewhurst will not be return- sion. This legislation reflects a bipartisan effort to update ing, and many of the members of the legislature will be statutory provisions to ensure Pennsylvania’s distressed serving in their first or second term. municipalities have adequate tools to regain fiscal stability With bill prefiling beginning after the November in a timely manner. The changes include establishing in elections, the Texas Legislative Council is preparing by statute the Commonwealth’s early warning intervention hiring sessional employees and training new bill-drafting program, providing for a more definitive time frame for attorneys and research staff. a municipality’s recovery plan exit, revised guidelines and procedures for reevaluating the distressed status of a municipality and enhanced measures to encourage volun- VIRGINIA | Meg Burruss tary consolidation.
Ethics reform was a major focus of the 2014 general TEXAS | Jennifer Jackson assembly session. Bipartisan efforts resulted in legislation establishing the Virginia Conflict of Interest and Ethics Advisory Council. The council is a legislative advisory If you enjoy head-spinning action, anticipation and politi- council tasked with receiving and reviewing statement of cal excitement, Texas is the place to be this fall. The next economic interests forms and lobbyist disclosure forms, regular legislative session convenes Jan. 13, 2015 (the establishing and maintaining a searchable database of all Texas Legislature meets for 140 days for a regular session disclosure forms, and providing formal advisory opinions each odd-numbered year, plus for any special sessions and informal advice. Changes were also made to current called by the governor, each of which may last for up to laws regarding disclosure. Forms are now required to be 30 days), and the legislature has plenty of work to do. filed semiannually and many of the thresholds for disclo- In August 2014, State District Court Judge John sure were reduced from $10,000 to $5,000. Most notably, Dietz of Austin ruled the state’s school finance system certain officers and employees of state or local govern- unconstitutional because of inadequate funding and flaws mental or advisory agencies and legislators are prohibited in the way it distributes money to districts as well as from accepting tangible gifts with a value exceeding $250 because it imposes a de facto state property tax, which or a combination of tangible gifts with a value exceeding is prohibited in the Texas Constitution. In addition, the $250 from a lobbyist, a lobbyist’s principal, or a person, legislature’s 2011 voter ID law and the legislative and business or organization who is or is seeking to become a congressional redistricting maps are in litigation in federal party to certain governmental contracts. Gifts from rela- court. The voter ID law is being challenged in Veasey v. tives or personal friends are not subject to the gift cap or Perry, which concluded arguments in September 2014. disclosure; a lobbyist, a lobbyist’s principal, or a person, The redistricting maps are being challenged in Perez v. business or organization who is or is seeking to become a Perry, and the legislature is awaiting a ruling. party to certain governmental contracts cannot be consid- Meanwhile, other legislative priorities include water, ered a personal friend. transportation and higher education affordability and
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the development of a high speed commuter rail system. A WEST VIRGINIA | Mark McOwen complete list of study topics may be found at the legisla- ture’s website. West Virginia is losing a second long-term United Since the 2nd regular session of the 81st legislature States senator. John D. “Jay” Rockefeller IV is not running adjourned March 14, 2014, the legislature’s monthly for reelection after serving five terms in the U.S. Senate. interim study meetings continue and will finish immedi- Although he served most of those years as the state’s ately prior to the next regular legislative session. Among “junior” senator with Robert C. Byrd, the longest serving the 79 study topics are low workforce participation issues; member of the U.S. Senate in history until his death in genetically modified foods; increasing physical activity office on June 28, 2010, Senator Rockefeller’s own influ- for children and youth in communities; the needs for in ence on important congressional policy in behalf of state home care and long term care planning; management of and nation has been extraordinary and will abide. Rarely contaminants that can impact public water quality and dis- have both senators elected by the citizens of a state risen tribution; veteran’s funding; group government managed to such prominence. We will miss his kind persona as well retirement savings plan; alternative means of handling the as his remarkable leadership, and we wish him well. disposal of drill cutting waste; education requirements Nov. 4 brings the biennial general elections for all for future marcellus-driven industries; the allocation of 100 House of Delegates seats and half (17) of the Senate behavioral health spending on community based support seats. The 1st regular session of the 82nd legislature will services; additional funding sources for state parks; pro- convene Jan. 14, 2015. To monitor legislative activity, please viding broadband service in underserved and unserved visit the West Virginia Legislature’s website at www.legis areas of the state, including broadband middle mile; and .state.wv.us. For toll-free access, dial 1-877-56LEGIS.
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State News Correspondents
State News Editor Edith Elizabeth Pollitz
Regional Correspondents Great Lakes —John Rowings Mid-Atlantic —Rich Dillard Mountain —To be determined (TBD) New England —Michele Childs Mid-West —Scott Harrison South Central —TBD South —TBD West —Jeffrey Mitchell
State Correspondents AK Kathryn Kurtz LA Clifford Williams OH Megan Cummiskey, Emily Wendel AL Karen Smith MA Louis Rizoli OK Matt Duehning AR TBD MD Sherry Little OR Ted W. Reutlinger AZ Don Thayer ME Peggy Reinsch PA Jason R. Brehouse CA TBD MI Lorna T. Beard RI TBD CO Debbie Haskins MN Karen Lenertz SC TBD CT Bradford Towson MO Russ Hembree SD TBD DE Rich Dillard MS Ted Booth TN Emily Urban FL Edith Elizabeth Pollitz MT Todd Everts TX Jennifer Jackson GA TBD NC Jeff Cherry, Shelly DeAdder UT TBD HI Ken Takayama ND Jay Buringrud VA Mary Spain IA Rich Johnson NE Scott Harrison VT Michele Childs ID Katharine Gerrity NH Paul Lindstrom WA Jeffrey Mitchell IL Ronald P. Michel NJ Howard Rotblat WI Cathlene Hanaman IN Roscoe Hooten NM Amy C. Chavez-Romero WV Mark McOwen KS Gordon Self NV Brenda Erdoes WY TBD KY Joshua Nacey NY TBD
The Legislative Lawyer is the periodic newsletter of the Legal Services Staff Section (LSSS), a staff organization of the National Conference of State Legislatures (NCSL). www.ncsl.org | Denver: 303-364-7700 | DC: 202-624-5400 LSSS Officers 2014–2015 NCSL Liaison Chair: Scott Harrison, Neb. Kae Warnock Vice-Chair: Wendy Jackson, Wisc. [email protected] Newsletter Editor: Jery Payne, Colo.