The Thicket at State Legislatures

In What Month is the Most Legislation Passed?

by Karl Kurtz

The number of bills enacted by state legislatures varies widely from state to state.  In 2007 legislative sessions, for example, Wisconsin, Alaska and Ohio passed less than 80 bills each, while Arkansas, Tennessee and Texas enacted more than 1,600 laws apiece.

I have often looked at this variation in enactments from state to state and year to year to see what explains it.   It turns out that this statistic is highly idiosyncratic to each state depending on constitutions, rules and traditions.  It depends on such things as whether a state has bill carryover from year to year (Wisconsin, which enacted only 44 bills in 2007 will probably pass more than 400 in the second year of the biennium in 2008), the strictness of rules regarding single subjects in bills, how resolutions (as opposed to bills) are treated, or whether the state is required to pass laws for individual local governments.

But never before have I looked at enactments month by month.  Thanks to some data recently acquired from State Net, we can now answer the trivia question, In what month is the most legislation enacted?  Without looking at the data, I would have guessed that that month would be April or May, since more states adjourn in those two months (10 each) than in any other month.

Looking at the chart to the left (click to expand) April does turn out to be the month with the largest number of enactments in 2006--the second year of a biennium, but in 2007 June, a month in which only four states adjourned, had the highest number of enactments.  Drilling down to individual state data in Download enactments_2007.xls, Texas and Oregon, two states that usually meet every other year and adjourn in June, account for a large portion of the June flood of legislation.  Texas passed 1,269 bills in June 2007, and Oregon approved 525.  Tennessee, Nevada and Maine also enacted large amounts of legislation that month.

Similarly detailed data for 2006 are available in Download enactments_2006.xls.  In the second year of a biennium (the even-numbered year), there are usually six fewer states (barring special sessions) in session, and many states have somewhat shorter sessions than in the odd-numbered years.  This results in fewer total enactments across the country (18,740 in 2006 compared to 24,240 in 2007), with April being the highwater mark, followed by June and May.

Environmental Protection: Top Legislative Issue in 08

by Meagan Dorsch

States are beginning to see what some are calling the direct effects of climate change: elevated temperatures, more severe forest fires, an increase in severe weather, and drought.

While discussion continues to evolve as to the role of human activities in these events, states are taking action to limit the greenhouse gases contributing to the rise in global temperatures.

Water policy is also receiving increased attention in state legislatures as drought and rapid growth in many areas of the country pit competing users and states against each other.

NCSL's Glen Andersen and Larry Morandi sit down to talk about how legislatures could tackle environmental issues during 2008 sessions.

You can track all 10 of NCSL's top legislative issues of 2008 by reading our press release or listening to our podcast series.

Youth Voter Turnout in Early Presidential Primaries

Here is an interesting electronic release from CIRCLE (The Center for Information & Research on Civic Learning & Engagement) at the University of Maryland.

Youth turnout increased dramatically in both the 2008 IA caucuses and the NH primary according to preliminary analysis of entrance/exit poll results and initial vote tallies by CIRCLE.

In Iowa, the youth turnout rate more than tripled and rose to 13 percent in 2008 from 4 percent in 2004 and 3 percent in 2000. Youth supported both winners-Senator Barack Obama (D) and Governor Mike Huckabee (R)-by the largest margins of any age group.

The youth turnout rate in NH rose sharply to 43 percent in 2008 compared to 18 percent in 2004 and 28 percent in 2000. Young people increased their turnout more than the older age group. The youth turnout rate increased by 15 percentage points over 2000 while the turnout rate for those ages 30 and above increased by only six percentage points.

For estimates of youth turnout in IA and NH as well as analysis of IA entrance polls visit www.civicyouth.org.

Early Look at 2008 State Elections

by Karl Kurtz

Pamela M. Prah, writing in Stateline.org, provides a thorough look at this year's state (not presidential!) elections in "States share national spotlight in 2008." 

The map in the illustration at the left of this post (click to expand) is a different look at the table in Pamela's story on battleground states--legislatures in which the majority party holds less than 55 percent of the seats.

Voter ID Law

by Meagan Dorsch

Does a state law that requires voters to show a government issued identification card before they vote, violate the U.S. constitution? The U.S. Supreme Court is asking that question as it reviews the state of Indiana's voter ID law.

We sit down with Michael Pitts, associate professor of law at Indiana University to talk about how difficult it could be for the Supreme Court to issue a clear ruling in this case and why some states have had voter ID laws challenged in a court of law.

Listen to our podcast (4:54) and log onto NCSL's Elections, Campaigns and Redistricting page for more information about voter identification laws.

Helping Families: Top 10 Legislative Issue in 2008

by Meagan Dorsch

Did you know one-third of families in the United States has no net worth or is in debt? Gas prices, rising health care costs and adjustable rate mortgages are subjecting more families to serious financial hardship.

As more people see their adjustable rate mortgages increase, many cannot afford the payments, and are at risk of losing their homes. This increase in foreclosures could have an impact on state budgets as property values fluctuate.

Heather Morton and Mary Fairchild with NCSL talk about what policies legislatures are working on to help families. Some include policies to build wealth, while other focus on protecting consumers from predatory lending.

Listen to our podcast on Helping Families, (5:28) issue number seven on NCSL Top 10 Issues Forecast in 2008. You can read about all 10 issues in our press release or listen to our podcast series.

The Gully Washer

by Brian Weberg

It has been a few years now since I have been down into the canyons of southern Utah to explore the wonders hidden deep in the tributaries of the Escalante River.  It's a wondrous place rich in history, remarkable in geography and unpredictable in behavior.  If you have not traveled U.S. Route 12 from Torrey to the town of Escalante, well, I can only recommend you do it when you can. 

One thing you learn early (or better learn) is that things can change fast down in the slots that carve their way to the river.  Hurricane Wash probably owes its name to this fact.  Sometimes rain can start to fall miles and miles up-canyon, building onto the flats above and funneling together from a thousand small trickles into a torrent that rams down through the narrow canyons, taking everything with it except the ubiquitous tamarisk that bend downstream but do not break, resembling the back of a porcupine with quills all pointed one way.  Hiking upstream against them can be backbreaking, tedious work.  My colleague Tim Storey can elaborate if you want more illustration. 

Now comes a trickle of a different sort, but one that may build into streams to become a real gulley washer for state legislatures.  As Karl Kurtz reported in a previous post to The Thicket, the old guard staff are beginning to leave.  The leading edge of the baby boomer generation is entering retirement.  Witness the departure at the end of 2007 of John Olsrud, long-time director of the Legislative Council in North Dakota.  He was in that job when I started at NCSL over 27 years ago.  And in Vermont, they currently are hiring to replace retiring Bill Russell, Legislative Counsel and director of the nonpartisan staff there for decades.  He was there when I started here, too. 

John and Bill represent a unique moment in the evolution of state legislatures.  They come from the great legislative reform movement of the 1960s and 70s which elevated the concept and practice of nonpartisan staffing to an almost religious cause.  And they also embody the idea (somewhat novel a few decades ago) that legislative staffing could be a great, life-long career--one both professionally satisfying and personally meaningful. 

The nonpartisan workplaces that John and Bill are leaving are peculiar and unique in the world of work.  Believers voluntarily check their passions at the door, guided by a philosophy that places their work product and the legislative institution above their own interests.  In essence, they sacrifice part of themselves to something larger.  The institution.  The process.  The law.  Gather with a group of veteran nonpartisan staff and get them talking about the value of their nonpartisan status.  Feel the almost religious fervor of these followers.  Feel the dedication and the loyalty.  Nonpartisanship is the prime directive; the legislative institution is the master.      

But what now?  Will the next generations believe?  Who will replace the Olsruds and Russells and their legion of followers?  What will happen when the gulley washer hits?  Are we ready?  Indications are that Gen X and Gen Y employees have different ideas about work and about their legislative careers.  Will they make the sacrifice?  Will they believe?  What can legislatures do now to recruit and retain the dedicated people they will need on board in five or ten or 15 years?  Who will lead?  Will nonpartisanship survive?  Or is it an idea born of the last reform movement but not part of the coming one?

When you backpack down into the canyons of the Escalante it's important to pick a campsite each evening in a place with an escape route to higher ground.  Some faint lightening or distant thunder can keep you up at night, listening for the sound of rushing water.  It's also helpful to have a map covering alternate routes because the path you plan may not be the path you get to take.  For many state legislatures, the distant thunder is audible.  The gully washer is predictable.  Time to get out the maps and head for higher ground.

Photo by the.voyager, courtesy of Flickr.

Transforming Education: Top 10 Issue in 2008

by Meagan Dorsch

Education is always a top issue for state legislatures. It is also high on NCSL's list of top 10 issues state legislatures will deal with in 2008. Education is number six.

Dealing with high school drop outs, retaining teachers and principals, and making college more affordable are three of the top education issues legislatures deal with this year.

Trying to lower the drop out rate could mean making the high school curriculum more challenging for students. In order to retain teachers and principals, schools may have to spend more time dealing with issues of pay and salary. And when it comes to affording a college education, states are looking to identify factors that are driving up costs and exploring new ways to offer financial aid.

You can listen to our podcast (5:24) with NCSL's education group director Julie Bell for more on how states plan to tackle education issues in 2008. For more information on all of NCSL's top 10 issues you can link to our press release or our podcast series.

Voting in 2008

by Meagan Dorsch

What will voting be like for you and me in 2008? Experts say this year is going to be "interesting" and it has nothing to do with the candidates running for state office or the presidency.

There have been more changes made to America's voting process over the last 8 years than in the past 80 years. And many of those changes will culminate in 2008, such as a new breed of voting technology and voter identification.

Doug Chapin, director of Pew's electionline.org examines the voting process in our country. He talks to NCSL about why the voting process in some states could captivate the country's attention during the presidential primaries and state elections. We also discuss how important it is for candidates to take an interest in America's voter reform act and why a new responsibility is being placed on us, the voters.

Listen to our podcast with Doug Chapin (6:15).