The Thicket at State Legislatures

Arizona Legislature Ends Session

By Jan Goehring

The Arizona Legislature adjourned sine die on Friday, June 27. With the end of the fiscal year looming and a possible partial state government shutdown at stake, the Legislature resolved a difficult budget. Facing a nearly $2 billion shortfall, the budget includes agency cuts, fund transfers, deferral of school construction and some borrowing.

In the last hours of the session, the Senate agreed to send the voters a referendum to amend the state constitution to define marriage as a union of one man and one woman. It had previously passed the House.

New laws will help improve Child Protective Services, allow photo enforcement on highways, change the high school exit exam, regulate mortgage loan originators, and strengthen DUI laws. 

Louisiana Adjournment

"Chaotic legislative session comes to an end" is the Times-Picayune's headline summarizing Louisiana's legislative session that adjourned yesterday.  Here are the top lines of the story:

Lawmakers provided new money for education and health care, overhauled the state's worker-training system, bolstered the state's mental health safety net and steered tax dollars to a private school voucher program for poor children in New Orleans.

But the session is likely to be best remembered for two items that were not part of the governor's plan: an increase of legislative salaries from $16,800 to $37,500 a year, and a $300-million-a-year tax cut that the administration initially opposed but ultimately embraced....

And while House Speaker Jim Tucker, R-Algiers, is a subject of derision on radio talk show and Internet chat boards, his stewardship of the pay-raise bill earned him bipartisan acclaim from his colleagues, who saw him as standing up to the administration.

"This is the closest we have come to being an independent body from the fourth floor, and that bodes well for this body," Rep. Roy Burrell, D-Shreveport, said as lawmakers prepared to leave the Capitol.

We first wrote about seeds of change in Louisiana that might lead to more assertiveness on the part of the Legislature a year ago in "Changes in the Louisiana Legislature."

Sine Die Traditions

by Meagan Dorsch

Each year, our NCSL contributors to the Thicket work hard to post a Sine Die (scroll down if you hit this link) for each legislature as it goes dark.

This morning, I noticed an article posted by Dan Petty at Stateline.org. Dan had a little fun with his Sine Die piece, delving into the traditions state legislatures have for the final day of session. 

Our own Karl Kurtz wrote an article on Sine Die and other Vulgarities, where you can find a great list of legislative localisms (this is also one of the most googled article in the Thicket).

Please enjoy both pieces when you have some time, and let us know of any other (Sine Die) traditions that your state might celebrate!

Sessions Over in Florida, Hawaii, Colorado, Minnesota and Vermont

by Julie Lays

More states have ended their legislative sessions.

• Florida's session was overshadowed by the state's lack of money, according to the Associated Press. Lawmakers did manage, however, to pass a $66.2 billion balanced budget, with more than $4 billion in cuts targeted mostly at school children and Medicaid patients.
• Hawaii lawmakers ended their session by approving a smoking ban in public places, allocating $3 million for schools and requiring solar water heaters in new housing. They also approved a $50-million tax cut. But the session may be remembered more for those bills that got away as for those that passed, according to the Honolulu Advertiser.
• Colorado's 119-day session ended May 6. Legislators passed major changes to education curriculum and school construction, but they couldn't find solutions to transportation issues. Lawmakers passed a ballot question that will go before the voters this fall to change how citizens amend the constitution through the initiative process.
• The Minnesota Legislature adjourned May 18 with a relatively well-received compromise budget between the Democratic Legislature and Republican Governor Tim Pawlenty. According to an editorial in In-Forum, "the relatively cordial end to the session is in stark contrast to previous sessions, and that’s probably a good thing in the long run." Lawmakers boosted per student school funding by $51, came to an agreement with the governor to expand public and private health insurance coverage, and passed a property tax relief package and more state aid for cities, counties and townships.
• Saving the state money, the Vermont General Assembly adjourned two weeks early on May 3. In a surprise move, legislative leaders said they won’t bring the legislature back for a day in June to consider whether to override any vetoes. According to WCAX-TV, lawmakers passed a bill to help Vermonters use less heating oil, revamped the state's prison system to save money and passed a balanced budget in tough economic times with no new taxes.

Sine Die: Legislatures in Iowa, Nebraska, Kentucky and Maine adjourned in the second half of April

by Julie Lays

• Iowa ended its session April 28 at 2:38 in the morning by finishing work on the $6 billion budget. This session, the General Assembly passed a smoking ban in public places and created an insurance consumer advocate. Lawmakers also voted to help pay for roads with increased vehicle registration fees, a move the Des Moines Register believed was "a good first step."
• Iowa's neighbor to the west, Nebraska, finished up its session on April 17 with a review of more than two dozen bills. Nebraska lawmakers passed bills on highway funding, school finance, standardized testing in public schools and a statewide smoking ban, to name a few. The Topeka Capital-Journal praised the nonpartisan, unicameral's efficiency. "They start accomplishing things early," the newspaper said in a editorial. "They don't try to cram everything into the frantic final days."
• Kentucky also adjourned its 60-day session in mid-April. Lawmakers approved more than 150 bills ranging from creating incentives to attract math and science teachers to allowing 16-year-olds to give blood to protecting streams and rivers to encouraging solar and wind energy.
• Maine lawmakers, in a final push to fund the controversial Dirigo Health program, passed a bill that will raise taxes on beer, wine and soda, as well as levy a surcharge on health insurance claims. The Morning Sentinel called the  session "largely effective." Lawmakers also enacted a jail consolidation plan, took action to secure state driver's licenses and identification cards, authorized bonds totaling $160 million to pay for shoring up the state's transportation infrastructure, and improved the state's landmark school consolidation law. The Legislature approved a state budget rewrite to offset a $190 million shortfall in Maine’s $6.3 billion two-year general fund budget. Legislative analysts, however, say revenue exceeded projections by $23.2 million in April, which could help offset cuts, according to the Associated Press in the Bangor Daily News.

Early April Adjournments in Alaska, Georgia, Idaho, Maryland

by Karl Kurtz and Bakur Kvaratskhelia

Catching up on our sine die series, four state legislatures "went dark" in the first few weeks of April.

• The Idaho Legislature adjourned its 87-day session on April 2. State revenue came in slower than expected, leading to the failure of new spending proposals, especially in the area of transportation.  Republican Governor Bruce Otter and the Republican majority in the legislature were often at odds.  Significant tax changes included an increase in the rebate that Idahoans receive for sales taxes on groceries and an increase in the exemption for business equipment taxes.
• The Georgia General Assembly completed its 40-day legislative session on April 4. Major legislation enacted included a bill that facilitates creation of charter schools, a measure to make it easier for permit holders to carry weapons in restaurants and other public places, and a plan to make it easier to build new water reservoirs in the drought-stricken state.  The House and Senate each had dueling tax cut measures and were unable to reach agreement on either of them.   
• The Maryland General Assembly wrapped up its 2008 session on April 8, with $500 million in budget cuts in a faltering state economy at the forefront. Gov. Martin O'Malley described the session as a "really grueling" period. In response to a computer industry outcry, the legislature repealed a computer services tax that it has passed in a special session last November.
• The Alaska Legislature adjourned its session--the first since voters mandated a 90 day limit compared to the previous 121 day limit--on April 13.  Majority Republican leaders hailed the session as a great success, while fellow Republican Governor Sarah Palin chastised the Legislature for spending too much money.  High oil prices and an oil tax increase enacted last year allowed the Legislature to put $5 billion into two rainy day funds this year.  Gov. Palin has called a special session for June to deal with an oil pipeline issue.

Photo credit: Sine die in the Georgia Senate by Andre in Georgia Politics Unfiltered.

Four Regular Sessions and One Special Adjourn

by Karl Kurtz

The Virginia and Washington legislatures adjourned on Thursday last week, Indiana on Friday and South Dakota yesterday (Monday).  (Click on the map to see which states are in session and which are not.)  Here are links to session wrap-up stories:

• A budget dispute in the Virginia General Assembly caused the session to go five days over the scheduled adjournment date.  Plans are to come back for a special session to deal with unresolved transportation and capital outlay issues.  Here is a Richmond Times-Dispatch summary.
• "Legislative tally: 60 days, 335 bills" is the headline in The News-Tribune's summary of Washington's even-numbered year short session.
• Property tax reform dominated Indiana's legislative session this year, so much so that the Indianapolis Star refers to all the other legislation as "small stories."
• Here's a summary of the final day of South Dakota's session from the Argus-Leader.  As soon as there is an overall session summary available we will amend this post and add it.

In addition, the Louisiana Legislature adjourned its second special session called by new governor Bobby Jindal who "batted 1,000" on the business tax cuts and $1.1 billion in new spending that he wanted, according to The Times-Picayune.

Legislative Adjournment Season Begins

by Karl Kurtz

NCSL's nifty new 50-state legislative session calendar map gives you a quick overview of which states are in session and which are not.  A glance at this map shows that legislative adjournment season is upon us as four states now have gone dark: New Mexico, Utah, West Virginia and Wyoming.  The Washington, Virginia, Indiana and South Dakota legislatures are all scheduled to adjourn sine die within the next week.

Last year, in our sine die series in The Thicket, we tried to write a short 3-4 paragraph summary of each state's session with links to newspaper stories.  The reason for writing our own wrapup is that those newspaper links sometimes disappear into inaccessible archives.  That task ate us up, though, as we weren't able to keep up with all 50 states.  This year we'll confine ourselves to periodically lumping together into a single post states that have recently adjourned and providing at least one link to a summary of the session.  If the links go away after a few weeks, there's nothing we can do about it.

• New Mexico was the first state to adjourn its legislature in 2008 on February 13.  The headline of an AP story,  "Legislature adjourns, governor plans special session," refers to the likelihood that Gov. Richardson will call a special session this summer to deal with health care issues that were unresolved in the regular session.
• The Utah Legislature adjourned on March 5.  See "On Legislature's last day, some bills beat clock, others did not" in The Salt Lake Tribune.  Long-time Senate Minority Leader Mike Dmitrich announced that he would not run for reelection after 40 years of service in the Utah Legislature.
• The Wyoming Legislature adjourned its 2008 budget-only session on March 6. See "Lawmakers grade budget session" in the Casper Star Tribune.
• Lincoln Walks at Midnight, the curiously named nonpartisan blog on West Virginia politics, posted Sifting through the 2008 session containing a series of links to end of session newspaper stories after the March 8 adjournment of the West Virginia Legislature.

Oregon Special Session Upheld by Court

by Larry Morandi

The Oregon Supreme Court ruled on February 2 that a special legislative session scheduled to start today can proceed as planned.  At issue was whether the special session, called over a year ago to test the viability of annual sessions in a state that meets every two years, met the constitutional requirements for the legislature declaring an "emergency."  The plaintiffs argued that no discrete, unforeseen crisis existed.  A circuit court disagreed (see "Oregon Court Dismisses Challenge to Special Session") and the Supreme Court affirmed that decision.

The decision was based on written notice issued by the House speaker and the Senate president on January 18 stating that "interim committees of the Legislative Assembly have identified specific budget and policy issues that need resolution without delay," not on a resolution passed in January of last year that declared an emergency.  The Supreme Court noted that "even had there been no SCR 1, the same legislators could have filed the same notice, with the same justification, and their colleagues could have agreed that a special session should be called."

One final note with separation of powers implications:  The plaintiffs asked the court to "look behind the acts of the legislators to weigh and assess the motives behind those acts."  The Supreme Court declined to go there, concluding that "Such an exercise of power by this court would be an improper invasion by the judicial branch into the very thought processes of members of a coordinate branch of government.  We have not, and we do not, claim such power."

Oregon Court Dismisses Challenge to Special Session

by Larry Morandi

In January 2007, the Oregon Legislature approved a resolution to experiment with annual sessions (see "Oregon Legislature Adopts Annual Sessions, Sort of").  On January 28, 2008 an Oregon circuit court turned down a challenge to the special legislative session scheduled for start on February 4.  Oregon State Senator Larry George argued that special sessions can only be called for emergencies and that declaring an "emergency" through Senate Concurrent Resolution 1 a year ago circumvented the constitution's prescription for biennial sessions and amounted to a "supplemental" session.

Senate President Peter Courtney and House Speaker Jeff Merkley contended the court had no jurisdiction in the case; that Article IV, section 10 of the constitution "vests with the Legislative Assembly the sole and unreviewable discretion to determine whether a special session is warranted pursuant to its emergency powers."  The court disagreed and framed the issue as "whether the Oregon legislature has properly complied with the provisions of the Oregon Constitution in calling itself into this forthcoming special session."

Judge Lipscomb determined that the resolution by itself was not adequate to trigger the legislature's emergency powers, but that a formal notice issued by leadership on January 18, 2008 provided the necessary legal backing.  Oregon Revised Statutes § 171.015 requires written notice justifying the need for a special session and Judge Lipscomb found it sufficient.  The case will be reviewed by the Oregon Supreme Court with a decision likely by February 1.      

Massachusetts 2007 Sessions Ends before Thanksgiving, Begins Again in Seven Weeks

by Richard Cauchi and Christina Nelson

After 323 days, the Massachusetts General Court wrapped up formal sessions for 2007 the day before Thanksgiving.  The year was marked by transitions, realigned political forces, and growing concern about revenue shortfalls by next year.

The Democratic majority in both House and Senate (at 88 percent the largest in the nation) applauded loudly when Deval Patrick was sworn in as the first Democratic governor in 16 years (and the first black governor in the Bay State’s 387 year history).  But the media quickly played up the disagreements between the freshman governor and the seasoned legislative leadership.  The resignation of Senate President Travaglini in March resulted in the first-ever woman President: Senator Therese Murray.

Some local media complained that only 208 laws were approved this year,"
although statistics show that this is more than states such as WI, OH, PA, MI and NJ. 

The state's Fiscal Year 2008 budget was the most visible bill for the first six months. It moved fairly smoothly and was completed by the June 30th deadline.  The State House News Service (Sept. 17, 2007, not online ) quoted Senate Ways and Means Chair Steven Panagiotakos as saying that the governor signed off on roughly 98.5 percent of the Legislature's $26.8 billion FY 2008 state budget. This included over $1.8 billion to maintain the administration’s commitment to the Commonwealth’s historic health reform law. 

The small portion he vetoed proved contentious, as reported by Statehouse News. In the final week of session, the legislature returned to override vetoes and add $37 million of the $41 million in cuts back into the spending plan. Veto overrides often found Republicans and Democrats voting together, though Senate Republicans used their floor time to question the governor's adherence to campaign promises on cuts to fire safety, Department of Youth Services, and local tourism councils. Votes in the House went much more quickly. 

New Hampshire Completes First Session Under Democratic Control Since 19th Century

by Heather Morton

With Democrats in the majority in both chambers and a Democratic governor for the first time since the 19th century, the New Hampshire General Court adjourned on June 27. House Speaker Terie Norelli and Senate President Sylvia Larsen took the leadership reins after Democrats took the majority in the House with a net gain of 78 seats and in the Senate with a pickup of four seats in November.

The General Court passed a $10.3 billion two-year state budget that sends $20 million into the state's rainy day fund and ends the biennium with a projected $7 million surplus. The budget adds $13.5 million to the state highway fund and $8.5 million to the welfare reserve fund.

New Hampshire joined several states in rejecting Real ID, finding that the federal act is "contrary and repugnant" to the New Hampshire and United States Constitutions. A bill that would have required adult drivers and passengers to wear seat belts failed in the Senate. New Hampshire continues to be the only state without a mandatory seat belt law for adults.

Complying with a court ruling issued by the state Supreme Court, the Legislature defined what constitutes an "adequate education." In the new definition, kindergarten will now be mandatory in all school districts.

After much debate, New Hampshire allowed gay and lesbian couples to form civil unions. A smoking ban in bars and restaurants will go into effect in three months. It raised New Hampshire's minimum wage in increments from the current $5.15 an hour to $6.50 on Sept. 1, and then to $7.25 next year. The governor vetoed a bill that would have changed how damages were divided up between defendants in civil lawsuits.

In a postscript to the legislative session, New Hampshire's Joint Legislative Facilities Committee yesterday approved a new pay and classification plan for legislative employees based on a study conducted by NCSL.

Heather Morton is NCSL's liaison with the New Hampshire General Court.

Energy, Eminent Domain, Health Care Highlight Connecticut Session

by Jeanne Mejeur

Connecticut's 2007 Legislature adjourned in June, after a contentious session, particularly over budget and tax issues.  The General Assembly addressed a number of major issues and budget matters during the 2007 legislative session.

A key goal of the majority Democrats was to pass a progressive income tax on wealthy residents and to adopt an Earned Income Tax Credit to benefit working families, but neither proposal made it through the legislature.  The only tax increase was a higher rate on cigarettes.  The General Assembly passed a $36 billion budget that included increased funding for health care and education.

The General Assembly enacted major provisions on electricity and energy efficiency.  A key component was a $70 million dollar appropriation to restore an energy conservation fund, but the measure was vetoed by Governor Jodi Rell.  Other provisions establish "green building" requirements for state buildings, establish oil and gas conservation programs, and create an Energy Efficiency Partnership to reduce demand for electricity and promote the expansion of renewable energy sources.

Eminent Domain was again a major issue for the second year in a row.  A Connecticut city was the subject of the US Supreme Court decision in the 2005 Kelo case, where the Court approved takings of private property for commercial redevelopment projects, as a means of generating tax revenue.  Traditionally, eminent domain is used to take private property for purely public purposes, such as highways or public buildings, but the Kelo case broadened the definition of public purpose to include economic development.  Many states have since enacted laws to redefine public purpose, to restrict the use of eminent domain to traditional purposes.  The Connecticut General Assembly passed a number of reforms during the session, aimed at clarifying eminent domain procedures and providing greater protections for home owners.

The General Assembly also enacted measures to expand access to health care, increase use of medical technology and encourage preventative health care.  The laws included establishment of two new entities that will focus on alternative ways to provide primary health care services, explore financing mechanisms, contain health care costs and improve the quality of health care.

The legislature joined a number of other state that regulate protests at funerals, in response to a religious group that is staging protests at funerals of Iraq war soldiers across the nation, in protest of gay rights.  Violation of the law would be a misdemeanor offense.

Two major Leadership changes took place this session in both the House and Senate.  Long-time House Minority Leader Representative Bob Ward resigned his seat in the House to focus on business interests.  Representative Larry Cafero is the new leader for the House Republicans.  Senate Minority Leader Louis C. DeLuca resigned his leadership post but retained his seat in the Senate.  Senator John McKinney is the new Republican leader in the Senate.

Unfortunately, the newspaper stories that support this summary have been archived and are available only to subscribers.  The Hartford Courant's Connecticut Politics Page is a useful source on the legislature.

[Jeanne Mejeur is NCSL's liaison with the Connecticut Legislature.  Photo of Connecticut dome by Eric Oxendorf.]

Special Session Required to Complete Montana State Budget

by Sara Vitaska

The Montana Legislature apportioned the state's $1 billion surplus, but it took Gov. Brian Schweitzer calling policymakers back to Helena for a special session to approve a state budget, tax cuts and a school funding plan. The 2007 session became the first regular Montana Legislature in history to adjourn without adopting a budget for the coming biennium.  According to the Missoulian newspaper, the 2007 Montana Legislature was the most contentious in years. 

The 90-day legislative session started and ended embroiled in partisan politics. The 2006 statehouse elections left Democrats with a narrow 26-24 lead over Republicans in the Senate, while Republications in the House had a 50-49 vote margin over Democrats, with one Constitution Party member who typically voted with Republicans. The Senate partisan composition had been tied until former a Republication legislator switched parties after the November election.

Education, human services, corrections, alternative energy, and tax relief for homeowners topped the 2007 biennium agenda. Several of the Governor's "Square Deal" initiatives came to fruition as the legislature passed $140 million for public schools over the next two years; $400 one-time property tax rebates for homeowners; a $100 million infusion into the state's prison system for new facilities and programs; and significant one-time contributions to the state retirement system.

According to a Lee Newspaper poll, Montana voters flunked the Legislature's job performance, while at the same time, strongly supported some of the session's major accomplishments. The poll found that 67 percent of voters gave the divided Legislature a negative job-approval grade. At the same time, 55 percent of voters said Gov. Schweitzer's $400-per-household property tax refund was sufficient. The poll also found that 63 percent of voters approved of the Legislature's spending almost three-fourths of the projected $1 billion surplus on public schools, prisons, human services, state colleges and construction. Twenty-six percent indicated more of the surplus should have been returned to the taxpayers. In addition, 53 percent approved of the decision to provide money to schools districts who wish to offer voluntary full-day kindergarten.

History was made this session when Missoula's Carol Williams was elected as the first female Senate majority leader in Montana history. During the special session, Republican leaders elected Rep. Dennis Himmelgerger to replace Rep. Mike Lange who was asked to resign as House majority leader following his disparaging remarks about the Governor and other Democrats during the regular session.

[Sara Vitaska is NCSL's liaison with the Montana Legislature.] 

Gas Pipeline, Crime Package, Ethics Highlight Alaska Session

by Bob Boerner

The 25th Alaska Legislature wrapped up its first session on time on May 16, having addressed a wide variety of important legislative priority issues.

The biggest item on the agenda was Governor Sarah Palin's AGIA - the Alaska Gas Line Inducement Act, which the Legislature passed substantially as the administration requested.   The AGIA sets out guidelines for companies wishing to compete for the right to build a gas line in the State of Alaska.

The Legislature passed an omnibus anti-crime bill, which tightens up on state laws relating to sexual offenders, incarcerated criminals, traffickers in prostitution, and other areas of the law, closing loopholes and protecting innocent victims.  And, it passed ethics legislation that addresses many of the critical issues of the legislative and administrative branches.

The Legislature was not able to reach agreement on several issues including education funding and the formula that distributes state funds to school districts and classrooms throughout the state; revenue sharing with local communities; and the funded liability accruing to the public employees' and teachers' retirement systems.

Perhaps the most newsworthy story in 2007 was the federal investigation into bribery and corruption in the Legislature.  The U.S. Department of Justice recently revealed VECO Corporation, an oil pipeline service and construction company, was offering state legislators bribes to influence decisions worth tens of billions of dollars.

Two top executives of VECO Corporation have pleaded guilty to federal bribery charges and three state lawmakers they are accused of bribing are awaiting trial. Other elected officials have yet to face charges, though the U.S. Department of Justice says they participated in the schemes. A fourth state legislator faces separate federal bribery allegations.

[Bob Boerner is NCSL's liaison to the Alaska Legislature.]

Minnesota Finishes on Time

by Meagan Dorsch

Minnesota’s 2007 legislature wrapped up in late May without having to go into special session.  It's "the first time since 1999 that the Legislature finished its work on time in a budget year," DFL (Democratic Farmer-Labor party) Representative David Bly posted on his blog.

However, Session Weekly, a nonpartisan publication by the Minnesota House of Representatives, called this session "a cliff-hanger until the end."

With one day to go, Republican Gov. Tim Pawlenty vetoed the entire tax bill put together by the DFL-controlled legislature.  He objected to the bill's requirement to build inflation into the budget forecast--which he says would put "government growth on autopilot."  His veto also cancelled several other major items, including property tax refunds, local aid increases and subsidies for the expansion of the Mall of America.

The omnibus tax bill veto was perhaps the most dramatic in a series of vetoes, including one that killed a proposal to provide property tax relief by increasing income taxes.  Vetoes also nipped at budget bills. 

In addition to finding a budget compromise, lawmakers enacted a renewable energy policy, aimed at combating global warming.  Not everyone was happy with laws restricting the use of ATV's throughout the state.

Other major bills passed included health insurance for children and $800 million dollars in K-12 school funding over the next two years. 

Delaware Session Ends with More Drama

by Matt Sundeen

When Delaware lawmakers wrapped up business late in the evening on June 30th, they fittingly added a few unexpected wrinkles to a session already characterized by intrigue and political bombshells.  As expected, there was some jockeying this year among next year's presumed gubernatorial candidates and other officials starting early election campaigns, but few could have predicted the surprises in Legislative Hall that continued right up until the final gavel.

In December, legislators provided a hint of things to come with hotly contested leadership votes in both the House and Senate.  House Speaker Terry Spence (R)—the second longest serving speaker in the country and the current President of the National Speaker's Conference—narrowly survived a vote to retain his seat in the Speaker's chair.  Many of his colleagues in Delaware's leadership were not so fortunate.  Senate Democrats elected a new majority leader and new majority whip and Senate Republicans elected a new minority leader.  In the House, only the minority whip position changed hands, but new chairs were appointed to several key committees.

The real shock came in February when House Majority Leader Wayne Smith, a 17-year veteran legislator, announced he was resigning his seat to become President of the Delaware Healthcare Association.  That decision touched off some hot politicking in the narrowly divided House.  Democrats eventually won a special election in April to fill Smith's seat and narrowed the margin to 22R-19D. 

Another drama that consumed the agenda through much of the session was the saga of Representative John Atkins.   Atkins, a young Republican legislator, was stopped by Maryland police in October, 2006 for suspected driving under intoxication.  During the incident, it was alleged that Atkins produced his legislative identification card to win special treatment.  Later in the evening, after Atkins had been allowed to drive himself home, Delaware police responded to a domestic violence call at Atkins' house.  In March, following several months of secret ethics committee hearings, closed-door caucus meetings, and threatened votes for censure or expulsion, Atkins finally resigned.  Republicans retained his seat in a special election in May, but only after some additional political drama that included an unofficial write-in campaign to put Atkins back in his vacant seat. 

Missouri Legislature Adjourns

by Julie Lays

The Missouri Legislature adjourned on May 30. It passed a budget 3.3 percent higher than the current year’s, which basically adjusts for inflation. It includes more money for schools, colleges and medical providers, along with raises for judges, some elected officials and state workers, according to the Joplin Globe. 

The budget includes a 5 percent increase in basic aid for K-12 schools. And spending for public colleges and universities will rise on average by more than 4 percent. The budget also provides a substantial increase in funding for Missouri’s main financial-need scholarships.

The budget contains $25 million to increase rates paid to doctors who treat patients on Medicaid. Incentive payments for ethanol and biodiesel producers are budgeted at nearly $42 million, a threefold increase over the current year's funding.

South Carolina Overturns Hundreds of Vetoes

by Julie Lays

The South Carolina Legislature adjourned for good this session on June 29, after reconvening to consider the governor's 243 budget vetoes. The legislature overturned 228 of them.

Governor Mark Sanford tried to cut $167 million from the state's $7.4 billion budget, but lawmakers wouldn't have it. They sustained only 15 of the governor's vetoes.

They restored more than $21 million to expand a program that provides health insurance to children from low-income families. The money will open the program to children whose family income is 200 percent of the poverty level. Currently, the cutoff is 150 percent of the poverty level.

But the Legislature sustained the governor's veto of a public school open enrollment bill.

Read more about the session at the South Carolina newspaper The State.

Contentious Legislative Session in Alabama

by Doug Farquhar

After a contentious session, with fisticuffs breaking out on the Senate floor, peace finally came to the Alabama legislature with the passage of 223 new laws.  Highlights include a $1 billion bond to pay for school repairs, pay increases for state employees and teachers, an economic incentive package and the passage of both the $6.7 billion education budget and $1.5 billion general fund budget.

Most of the new laws emerged from the House, where the members adopted 190 pieces of legislation, including the school bond package, the pay increases and an economic package, which secured the siting of a major new steel mill in south Alabama.

The Senate struggled with finding consensus, with 5 members of the majority Democratic party siding with the minority Republican party, leaving the remaining Democrats with a narrow 18 - 17 vote majority.  This division was enough to force out Lowell Barron as Senate President Pro Tem.  Instead the Senate voted for Senator Hinton Mitchem to lead them as President Pro Tem this session, along with Lt. Governor Jim Folsom, who has constitutional authority over the Senate.  But even with this change, the Senate failed to agree on much, sending only 3 bills to the House before the last week of the session.

The governor has indicated that he may call a special session on ethics during the interim.  Besides the fistfight on the Senate floor, former Governor Siegelman was recently sentenced to 7 years in prison, which has lead to a "loss in the people's faith in Government," according to Governor Riley.

[Doug Farquhar is NCSL's liaison with the Alabama Legislature.  Photo of Alabama Capitol dome by Eric Oxendorf]]

Record Budget Surplus in Louisiana

Continuing our sine die series summarizing legislative sessions around the country, Sheila McCant of the Louisiana House staff has done our job for us in  "2007 Regular Session Wrapup".   According to Sheila's post, the second session of Louisiana's biennium is largely confined to fiscal issues, "and the money issue came in many forms - a record surplus, breaking the spending cap, tax breaks, incentives, and pay raises for teachers, support workers, college faculty, judges, state employees, and others."

Rep. Tim Burns also posted a commentary on the session right before Sheila's summary in the House blog, In the Loop.  And the Times-Picayune has another summary, "Legislative term ends on recovery high note."

Kansas Enacted 202 New Laws This Session

by Julie Lays

The Kansas Legislature adjourned on May 22. On Sunday, July 1, 147 laws enacted by the Legislature took effect. An additional 47 laws took effect before then and an additional eight won't kick in until after that. That's a total of 202 new laws this year, compared with 216 last year and 177 in 2005.

According to an editorial in the Kansas City Star, "lawmakers set aside divisive issues, like banning embryonic stem-cell research, and showed a good bipartisan spirit on some big-ticket items."

The Star gave lawmakers kudos for setting aside money to help some low-income families buy health insurance. The newspaper also approved of the $210 million that will help universities and colleges with the "serious maintenance backlog on campuses."

Maine Legislature Adjourns

by Ron Snell

Sine Die on June 21 in Maine saw Republicans and Democrats both congratulating themselves and each other for a successful budget process for the biennium, though their measures of success differed a little.  The Legislature passed its budget by more than a two-thirds majority in each house, which required a bipartisan effort.  D's (who control both chambers) praised increased spending for K-12 education, which increased the state's share in an effort to help local governments control property taxes.  R's took pride in avoiding the $136 million tax increase that Governor John Baldacci had called for at the beginning of session.

Maine Senate Democrats' summaries of the session are here and here; Senate Republicans here.

One nationally significant enactment was legislation to prohibit administration of the federal Real ID law in Maine.

Another significant success for the Legislature was approval of  $295 million in bond issues, of which voters strongly approved $131 million  for transportation and environmental purposes in June.  The remainder will go to voters later in the year.   Democrats took pleasure in the approval of the bond issues.  Republicans took credit for whittling it back from $2 billion in proposals to what they saw as an acceptable amount that prioritized investments in infrastructure.

Among the year's issues, the most controversial were the governor's proposal for a $1 a pack increase in the cigarette tax, which was defeated; his proposal for dramatic consolidation of school districts; and a legislative proposal for extensive state tax reform.  School district consolidation was approved in a weakened form, but, as part of the budget package, caused the Senate Republican Leader and other Senate and House Republicans to vote against the budget.  Tax reform, a session-long project would have shifted some of the tax burden from the income tax to a broader-based sales tax and thus to tourists.  Final agreement was impossible, but Governor Baldacci has announced his concern for tax reform and raised the possibility of a special session in the fall.

[Photo of Maine Capitol dome by Eric Oxendorf]

Tax Cuts and School Funding Highlight Arkansas Session

by Nicole Moore

Tax cuts and school funding were the big issues the Arkansas Legislature dealt with during its 2007 session, which ended on May 1.

The Associated Press called the tax cuts "the largest in state history." Lawmakers reduced the grocery tax from 6 to 3 percent, according to the Daily Siftings Herald. They reduced manufacturers' taxes for electricity. And they decided that certain low-income workers no longer have to pay income tax.

Like many states, Arkansas found itself with unexpected revenue as the fiscal year ended its third quarter. NCSL's State Budget Update, March 2007 showed that 42 states faced similar circumstances. At the time of NCSL's report, Arkansas was looking at an extra $339 million, or 7.7 percent of its general fund.

The state put some of that money toward schools, although at the request of the courts. The state was sued in 1992 by a school district that claimed the state's school funding formula was "inequitable and inadequate," reports the Springdale Morning News. In late April, though, news reports said the legislative action from this session should resolve that case. The Siftings Herald says the state increased per-pupil spending by $300 to $5,700.

The state earmarked $80 million for road repairs and an additional $40 million for pre-Kindergarten programs, according to the Siftings Herald.

Photo of Arkansas dome by Eric Oxendorf.

Colorado Adjourns After Shortest Session on Record

by Nicole Moore

Colorado's 2007 legislative session, which ended May 4, was set against an interesting backdrop. More freshmen lawmakers served than ever before. The Democrats controlled both chambers and the governor's office for the first time in 45 years. And everyone in the Capitol - legislators and lobbyists alike - operated under the new Amendment 41, which is one of the strictest gift bans in the nation. (The court is in the process of deciding whether it's even constitutional.)

As is usually the case, the majority party is calling it a successful session, while the minority disagrees. But the legislature passed major bills on renewable energy, school finance and prescription drugs.

Legislators passed around 20 bills dealing with new energy sources, the Denver Post reports. One bill that got a lot of press requires large utility companies to get 20 percent of their energy from renewable sources. That's double the current requirement and this proposal had bipartisan support.