A Fog of Uncertainty: War and the economy cloud the 2002 state legislative sessions.

• Author: Rose, Gene

"Can anybody remember when the times were not hard and money not scarce?"

RALPH WALDO EMERSON

Clouds of uncertainty have descended on America's state capitols, presenting the nation's legislatures with perhaps their most challenging sessions in a generation.

Even a few months ago, lawmakers knew that the 2002 legislative sessions would be different from years past. They knew there would be less money and that the upcoming elections would drive several agenda items. What they didn't know, however, was how the course of human history was about to dramatically alter their priorities and the legislative environment.

In the post-Sept. 11 world, the unwritten rules of legislating have changed.

* After a decade of unbridled consumer confidence and dramatic revenue growth, some legislators may--for the first time in their careers--have to make painful budget cuts.

* Where political posturing and attacks were once the norm, office holders now must learn to operate in an environment where the collective American psyche is focused on war and unity.

* After years of decline, polls now say that Americans have greater confidence in their elected officials and are placing greater trust in the actions they take.

Nearly every major issue before state legislatures will be shaped by two major forces: the war against terrorism and the deflating economy. These forces may affect legislative activity at any moment.

What's more, the political landscape is about to change. The maps for state legislative districts are nearing completion, and they will take effect during the 2002 elections. Today, Democrats and Republicans control 17 legislatures each, and 15 others are split. The two major political parties are expected to focus considerable political capital on statehouse races this year.

With this as a backdrop, here is the National Conference of State Legislatures's projected list of the 10 key issues in 2002.

PROTECTING DEMOCRACY

Biological warfare is no longer just a threat for those abroad. It is a domestic terror that states are confronting valiantly and proactively.

"We have seen now that bioterrorism is possible and have witnessed the potential widespread disastrous results," says Colorado Representative John Witwer, author of new bioterrorism legislation.

The biggest challenge for state legislatures in 2002 will be to strengthen their public health systems. "Prevention is one of our duties at the state level. There is a danger if we don't address the entire public health infrastructure and make it ready for any crisis," says Texas State Representative Dianne White-Delisi.

Most statutes predate modern public health threats and coordination between state departments often is lacking. "States need to put a plan in place that allows departments to communicate rapidly with each other and those on the front lines, such as the state and National Guard, local health officials and private physicians," adds White-Delisi.

Legislation, modeled after New York's 2001 anti-terrorism law, already is being considered by several states. Indiana is developing a statewide strategy for responding to chemical or biological terrorism under legislation passed last year. Colorado defined bioterrorism in 2000 and created an emergency response committee to address emergency needs in case of an epidemic.

"Each state needs to set up a committee to advise the governor and the public health department and decide what they will do to address immunity, compensation, quarantine and training in the event of bioterrorism or any public health crisis," says Witwer. "These issues all need to be discussed beforehand. At the time of an epidemic, we won't have the time to deal with the complexity of these issues."

On the legislative drawing boards are measures to establish standards for administering antidotes, vaccines and antibiotics in crises. Other initiatives include purchasing mass decontamination units and establishing cabinet-level anti-terrorism positions.

Additionally, the federal government is considering legislation to provide $670 million for block grants to improve state and local preparedness. To receive funds, states must develop a bioterrorism preparedness and response plan and complete an assessment of their public health capacity.

At least 12 states are creating state offices of homeland security. Twenty-eight other states have set up commissions, special committees or task forces to address security and possible terrorism, five of them before Sept. 11.

Another legislative focus will be capitol security. State security officials will look at public access, installation of metal detectors, x-ray machines and barriers, and the process of delivering the mail.

More than half the states made some or all of these security changes immediately following the terrorist attacks using temporary and permanent measures...