The Thicket at State Legislatures

Drones: Eyes-in-the-Skies Raise Issues of Privacy, Profit

By Mark Wolf

Drones are among us, above us and watching us. They come in a variety of sizes, shapes and intended uses. They can watch oil pipelines and peep into private places.

They have been the subject of passed or introduced legislation in most states, much of it centered on the use of drones by law enforcement, with more certain to follow.

The pilotless, flying, remote controlled Unmanned Aerial Systems (UAS) - some large, some toy-sized - were the subject of an All About Drones session during NCSL's Legislative Summit.

"Leave drones out of your privacy laws," urged Eric Johnson, the Lockheed Martin associate professor of avionics integration at Georgia Tech. "If your privacy is being violated, do you care if there is a person in the aircraft or a person holding a camera or a hidden camera stuck to a tree?"

States are elbowing for a piece of a drone research windfall and R. Steven Justice, director ofthe George Center of Innovation for Aerospace, estimated drones would be responsible for 1,949 jobs, an economic impact of $379 million and $3.72 million tax impact in Georgia by 2017.

The "reasonable expectation of privacy" standard in the context of the Fourth Amendment to the U.S. Constitution, is "the worst possible model for state legislators who want to draft effective legisation (regarding drones)," said Morgan Cloud, a law professor at Emory University and a leading Fourth Amendment scholar.

Cloud said the privacy expectation "must be one society thinks is reasonable" which means itis ultimately defined by a majority of Supreme Court justices. "That means it changes over time. Reasonableness is a standard, not a rule. What is reasonable changes over time."

The recently-enacted Texas law, Cloud said, was a good example of using precise language: "The crime under the Texas privacy statute is that a person commits an offense if he uses an unmanned aircraft to capture images of people or property with the intent to conduct surveillance. I suggest to you that most private citizens, lawyers and even some judges can understand this."

Representative Lance Gooden, who authored the Texas law, said "people came out of the woodwork after I introduced it and the final product said if you're going to capture an image you can't do it with the intent to conduct surveillance." Law enforcement agencies opposed the bill, seeking an amendment to use drones "for legitimate law enforcement purposes," which lawmakers determined was too board.

"(Drone) manufacturers wanted an exemption for use during production and development but we said, 'What are you doing that requires an exemption from the intent to conduct surveillance," he said. Some exemptions were granted such as to utility companies to use drones to survey pipelines without bringing vehicles onto private land.

Rep. Shelley Hughes of Alaska sponsored a resolution establishing a task force to study the use of drones.

"I researched the activity that is being done (by drones) and decided a lot of good is being done," she said. "A tanker was guided by a UAS to get fuel to Nome. a downed aircraft was found by UAS. We were able to keep sea lions off the endangered species list because we were able to get an accurate count using drones," she said.

"We need to address privacy concerns but surveying is not the same as surveillance. Privacy became an issue when the first caveman stepped out of the cave. If an action is a crime it's the action itself, not the technology.

"I don't want a small helicopter hovering outside the bathroom window while I'm taking a shower but I also don't want to throw the baby out with the bath water."

NCSL Honors Legislators Who Served the Nation in World War II and Serve it Today as Lawmakers

By Mark Wolf

Four of the six World War II veterans who serve in the nation's state legislatures were awarded the NCSL Civic Medal of Honor during Monday's opening General Session of the Legislative Summit.

 

From left: Representative John Yates of Georgia, Senators Fred Risser of Wisconsin, John Pinto of New Mexico and Charles Colgan of Virginia during Monday's opening session.

Representatives John Yates of Georgia, and Senators Charles Colgan of Virginia, Fred Risser of Wisconsin and John Pinto of New Mexico drew a long standing ovation from the opening session crowd in the Thomas Murphy Ballroom of the Georgia World Congress Center in Atlanta.

 

Idaho Representative Frank Henderson and New York Senator William Larkin are the other World War II veterans serving in state legislatures.

Read their stories in the current issue of State Legislatures magazine.

 

 

Delegate Jameson Testifies on Nuclear Waste Storage and Disposal before U.S. Senate Committee

By Melanie Condon

Delegate Sally Young Jameson of Maryland testifying before the U.S. Senate Energy and Natural Resources Committee.

On July 30, Delegate Sally Young Jameson of Maryland testified on behalf of NCSL before the U.S. Senate Energy and Natural Resources Committee to discuss the recently introduced Nuclear Waste Administration Act of 2013 (NWAA), S. 1240. Delegate Jameson, whose Maryland district borders the Calvert Cliffs Nuclear Power Plant, has long been involved with issues of nuclear waste disposal and storage, and has twice provided testimony to the Blue Ribbon Commission on America’s Nuclear Future.

Delegate Jameson’s testimony applauded the bi-partisan work of Senators Wyden, Murkowski, Feinstein and Alexander to move comprehensive policy on the permanent disposal of spent nuclear fuel forward. In her testimony, Delegate Jameson noted the consent-based approach with state and local governments throughout the disposal siting processes.

Although the process has generally been positive, Jameson pointed out how important it is for state legislatures to be involved. Specifically, Delegate Jameson suggested adding the phrase “presiding officer of each legislative chamber” to the bill’s current language of “Governor or duly authorized official of the state.”

Also testifying before the Committee was newly confirmed U.S. Secretary of Energy Ernest Moniz. Secretary Moniz noted that, in his opinion, one of the most important pieces of the NWAA is the consent-based approach of working with state, local and tribal governments throughout the waste disposal life-cycle, saying that the legislation wouldn’t be workable without state consent.

The NCSL Natural Resources and Infrastructure Committee will be holding a session, moderated by Delegate Jameson, on the future of the NWAA and nuclear waste storage at the upcoming Legislative Summit in Atlanta on August 13.

Melanie Condon is a policy associate for the Agriculture, Energy, Environment and Transportation Committee in NCSL’s Washington, D.C. office.

Alan Rosenthal, 1932-2013

By Karl Kurtz

"The field of state politics lost a giant." So said University of Illinois Springfield Prof. Chris Mooney upon learning of the death last night of Rutgers University Prof. Alan Rosenthal. Here's an excerpt from a lengthy and informative article about Rosenthal in The Star Ledger today:

Alan Rosenthal, a Rutgers University political science professor whose quiet demeanor masked his far-reaching influence on government in New Jersey and beyond, has died.

Rosenthal, 81, succumbed to cancer Tuesday at his Princeton home.

Although most recently known for casting the deciding vote two years ago on a map that will help decide the state’s Senate and Assembly elections for the next decade, Rosenthal’s most enduring legacy is helping to build state Legislatures – including New Jersey’s — into more powerful branches of government that rival the governor and judiciary.

“He had more influence nationally over state legislatures and their operations in the last 40 or 45 years than anybody else in the country," said William Pound, executive director of the National Conference of State Legislatures. "There’s no question about it."

But that influence did not feed into ego, according to Raymond Bateman, a former senate president who knew Rosenthal since the 1960s.

"He was a self-effacing guy. He never worked to get in the spotlight, but he always did his work well," Bateman said. "Alan was in the vanguard of people who were really trying to make the Legislature better... When Alan talked about legislatures, legislators listened."

Look for a full-length tribute to Alan Rosenthal in the July-August issue of State Legislatures magazine. The articles in that tribute touch not only on Rosenthal's extraordinary contributions to the study of state politics but also his far-reaching impact on strengthening the legislative branch of government across the nation, his leadership of efforts to improve public understanding of representative democracy and his commitment and support to NCSL and other national organizations.

As part of the tribute, I solicited testimonials from 66 current and former legislators, staff, governors, lobbyists, students and political scientists who have known Alan well. Remarkably, 37 of these highly placed and busy people responded with  comments about his effect on their lives. For example, former Wyoming U.S. Senator Alan Simpson said:

Alan Rosenthal shaped my legislative life. We first met when I was a young Wyoming state legislator. Here was this amazing, creative, inspiring, warm, wise and witty man. He became my mentor as to how to make legislating work. He was a game changer for me. My life is richer for having shared a portion of it with him. I consider him to be one of the greatest influences in my life as a legislator. There have been many other influential people in other areas of my life, but he won the prize in that field. He was “The Wizard” in my mind.

Simpson's comments, along with 36 others, can be found in an online supplement to the July-August issue of State Legislatures magazine.

I have known Alan for more than 40 years as mentor, collaborator and good friend. Our once a month or so hour-long phone conversations--lively dialogues ranging across American state politics, civic education and life in general--have been a highlight and staple of my life for many years. I have missed his energy and ideas over the last several months as he has been in decline with his terrible cancer. He is irreplaceable. 

7/12/03 addendum: See the New York Times and NPR obituaries.

Immigration Reform: “Now is the Time to Get it Done”

By Ann Morse

President Obama invited a wide range of stakeholders to the White House on Tuesday as the U.S. Senate took up S.744, the first comprehensive immigration reform bill the Senate has considered since 2007. The Senate, in a strong showing of bipartisan support, voted 82-15 to proceed. If enacted, this would be the first overhaul of the nation’s immigration laws since 1986.

At the event in the White House East Room were two of NCSL’s legislative leaders, Senator Mo Denis (D), majority leader of Nevada, and Senator Curt Bramble (R), Senate president pro tem of Utah, who serve on NCSL’s Task Force on Immigration and the States. The Senators were accompanied by NCSL immigration policy staff Sheri Steisel and Ann Morse.

 

Senator Curt Bramble (R), Senate president pro tem of Utah, left, and Senator Mo Denis (D), majority leader of Nevada

The president expressed strong support for the bipartisan bill, noting that it includes increased spending for border enforcement and more enforcement at the workplace while encouraging talented workers and students to remain in the U.S. Obama also mentioned the bill’s earned path to citizenship for the 11 million unauthorized immigrants already here.

 

“Fixing the nation’s broken immigration system is an economic, national security, and moral imperative,” said Obama. “Now, this bill isn’t perfect. It’s a compromise. And going forward, nobody is going to get everything that they want - not Democrats, not Republicans, not me. But this is a bill that’s largely consistent with the principles that I and the people on this stage have laid out for common-sense reform.”

While there are state concerns that need to be addressed in the final legislation,  Denis and Bramble stressed that the current immigration system is broken, and that action at the federal level is long overdue.

“Now is the time for the country to come together and for members of both the House and Senate to be statesmen,” said Bramble. “This is a challenge of our time, and doing nothing is simply no longer an option.”

Denis concurred: “I have been tremendously impressed by some on both sides of the aisle here in Washington that have been working together to get this important legislation passed.”

Also participating in the event was former Minnesota State Senator Mee Moua, the first Hmong state legislator in the country. Moua is now executive director of the Asian American Justice Center. She applauded the work of NCSL, and the leadership of senators Bramble and Denis in working across the aisle to advance immigration reform.

A number of Cabinet secretaries were in attendance, notably Homeland Security Secretary Janet Napolitano, Health and Human Services Secretary Kathleen Sebelius, Commerce Secretary-nominee Penny Pritzker and Attorney General Eric Holder.

Speaking with the Attorney General after the event, Bramble took the opportunity to reiterate Utah’s case for a federal waiver providing legal recognition of immigrant workers (part of Utah’s immigration reform law of 2011).

Others invited to the event included business and labor leaders, Republican and Democratic elected officials, law enforcement officers and faith and civil rights leaders.

Ann Morse is the director of NCSL’s Immigrant Policy Project, and works in NCSL’s Washington, D.C. office.

Oklahoma Senators Look Great in Pink

All the members of the Oklahoma Senate wore pink last Tuesday in honor of breast cancer awareness day, as shown in this great photo.

A rose from The Thicket to Caroline Dennis.

You can Find any Occupation you Want among America’s Legislators

By Martyanne Donovan

What do a train conductor, an inventor, a jewelry designer, and an Eskimo whaler have in common? They are all part of 2013's new class of freshmen legislators. The group brings a diverse background, a variety of experience, and a good set of skills to their respective statehouses after spending years of service in their communities.

Blanket toss in Barrow from Wikipedia

Alaska Representative Benjamin Nageak (D), an Inupiat (Eskimo) from Barrow, is a whaler. He and his fellow shipmates fish the mammal during the spring in a boat made from whale skins. Once caught, they skin the whale and freeze the meat until June when the Eskimo community celebrates a "Nalukataq" or feast. The entire community is invited to partake in the meal and day-long events, including "blanket tossing" using the whale skin.

Wyoming State Representative, Lee Filer (D), is a conductor for Union Pacific and a transportation technician for the 153^rd Airlift Squadron.

Karin Housley (R), a newly elected Minnesota senator and her husband, Phil, a former NHL player, are part-owners of the Lumberyard Hockey & Sports Training Facility in Stillwater.

Oklahoma Representative Bobby Cleveland (R), has manufactured all kinds of things including refurbished golf balls. Cleveland is also an inventor, holding two patents and more than 10 trademarks.

Before her leadership service, Georgia's Representative, Valencia Stovall helped with the day-to-day operations for the 1996 Olympic Games, events for the Atlanta Falcons, Atlanta Hawks and the Chick-Fil-A Peach Bowl. Additionally, Stovall helped manage the U2 and Rolling Stones concerts.

Vermont Representative, Cindy Humiston Weed created pinewood toys several years before switching her career to jewelry design. Weed still uses wood products for her pieces; she was featured in 1992's edition of Fine Woodworking's Design Book #6.

Arkansas' Representative Micah Neal (R), is a restaurateur. He worked for years at his family-owned eatery, Neals Café in the famous "pink" building in Springdale. Neals Café was listed in Southern Living in 2004 as one of the best places in the country to eat fried chicken. Their fried pickles also come highly recommended.

Before joining the legislature, Washington's Representative, Gael Tarleton (D), worked for a Fortune 500 company managing two subsidiaries in Russia. She helped lead nuclear waste clean-up in the country and assisted in rebuilding Russia after the fall of communism.

If you know of a legislator with an interesting background or career, please tell us.

After 52 Years in the Virginia House of Delegates, Lacey Putney Retires

By Michael Bird

Photo from the Richmond Times-Dispatch

The price of gas was 31 cents per gallon. First-class postage stamps sold for 4 cents. The Dow Jones hit a high of 734. 183 million people made the United States home. The year was 1961.

It was also the first year Lacey Putney, a native of Bedford County, Virginia, served in the Virginia House of Delegates.

On April 3, 2013, Delegate Putney bid adieu to his colleagues in a stirring floor statement. He served 26 consecutive terms in the Virginia House, a number currently unmatched by any of his House colleagues around the country.

The outgoing chair of the powerful House Appropriations Committee worked with 14 governors. He started a Democrat, became an Independent in 1968 and caucused with Republicans in his latter terms. And, while he worked with six Speakers of the House, he had a stint as acting Speaker of the Virginia House in 2002 prior to the election of Bill Howell, the current Speaker.

“When I first came, I was told that the service here would be a part of my life forever — a very important and rich part of it. I never knew it would be so true,” Putney said. “I never knew it would be so true,” Putney told the Richmond Times-Dispatch.

Michael Bird works in NCSL’s Washington, D.C. office as senior federal affairs counsel, and is the NCSL's liaison to the Virginia General Assembly.

Expulsions of State Legislators are Rare

The expulsion of a member from a state legislature is a fairly rare event. Last week's expulsion of Steven Brooks as a member of the Nevada Assembly brought the total number of legislators expelled from state legislatures to 19 during the last 50 years. Here's the list:Going back to 1757, our historical list includes another 19 state or colonial legislators expelled before 1963 or a total of 38 throughout American history.

A rose from The Thicket to Brenda Erickson.

State Legislative Leaders Gather in Washington

By Jon Kuhl

New Jersey Senate President Stephen Sweeney (D) speaks with former Mississippi Governor and RNC Chairman Haley Barbour

State legislative leaders from across the country gathered in Washington last week for NCSL’s annual legislative leaders meeting. The meeting began with briefings on sequestration and immigration reform; hot topics in Washington and state capitols.

During lunch on Thursday, leaders heard from former Mississippi Governor and Chairman of the Republican National Committee Haley Barbour. Following Barbour’s talk, the leaders visited Capitol Hill for briefings from House Budget Chairman Paul Ryan (R-Wis.), Congressman Luke Messer (R-Ind.), U.S. Department of Health and Human Services Secretary Kathleen Sebelius, Congressman Xavier Becerra (D-Calif.) and House Minority Leader Nancy Pelosi (D-Calif.). In the evening on Thursday, legislative leaders heard about deficit reduction efforts in Canada from Tony Clement, President of the Canadian Treasury Board and Minister for the Federal Economic Development Initiative for Northern Ontario.  

Speaker William Howell (R-Va.) talking with U.S. Department of Transportation Secretary Ray LaHood

On Friday, legislative leaders began their day with a briefing from U.S. Department of Transportation Secretary Ray LaHood. Secretary LaHood was followed by former Vermont Governor and Democratic National Committee Chairman Howard Dean.

Up next was a discussion on technology and the economy with Michael Powell, former FCC Chairman and current President of the National Cable and Telecommunications Association. Following Chairman Powell was a question and answer session with David Agnew, White House Director of Intergovernmental Affairs.  

Wisconsin House Speaker Robin Vos (R) introduces Congressman Paul Ryan

 

Speaker Andy Tobin (R-Ariz.) chats with U.S. Department of Health and Human Services Secretary Kathleen Sebelius

Vermont House Majority Leader William Jewett (D) speaking with former Vermont Governor and DNC Chairman Howard Dean

Former FCC Chairman Michael Powell greets Senator Shawn-Michael Malone, President of the Senate, U.S. Virgin Islands (D)

Maine House Majority Leader Seth Berry (D) talking with David Agnew, White House Director of Intergovernmental Affairs