Policy Analysis | March 2019

Disposal of Coal Combustion Residuals

Anne Roberts Brody, Policy Analyst

The Disposal of Coal Combustion Residuals (CCRs) from Electric Utilities final rule was signed on December 19, 2014, and published in the Federal Register on April 17, 2015. The rule finalized federal regulations to provide a comprehensive set of requirements for the safe disposal of CCRs, commonly known as coal ash, from coal-fired power plants.

On July 26, 2016, the administrator of the U.S. Environmental Protection Agency (EPA) signed a direct final rule and a companion proposal to extend the compliance deadlines for certain inactive CCR surface impoundments. These revisions were in response to a partial vacatur ordered by the United States Court of Appeals for the District of Columbia Circuit on June 14, 2016. The direct final rule was published in the Federal Register on August 5, 2016, and became effective October 4, 2016.

Since 2016, there have been 52 legislative measures addressing CCRs in seven Southern states. The majority came from Virginia, with 17 pieces of legislation introduced. Meanwhile, Georgia introduced 11 pieces of legislation, North Carolina 10 and Missouri eight. Alabama, South Carolina and Texas also considered legislation related to CCRs.

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SLC Regional Resource | March 2019

Sports Betting in the South

Cody Allen, Policy Analyst

On May 14, 2018, the United States Supreme Court — via a 6-3 decision in Murphy, Governor of New Jersey v. National Collegiate Athletic Association (Murphy v. NCAA) — overturned the 1992 Professional and Amateur Sports Protection Act (PASPA), a longstanding federal prohibition on professional and amateur single-game sports wagering. The Murphy v. NCAA case was closely followed by state governments across the country, as ending the prohibition could open up an additional source of revenue. On September 5, 2017, West Virginia — joined by 20 other states — filed an amici curiae brief in support of New Jersey. Several signatories from SLC member states joined the brief, including the attorneys general of Florida, Louisiana, Mississippi, Missouri, Oklahoma, Tennessee and Texas, as well as the governor of Kentucky.

This SLC Regional Resource, current as of January 31, 2019, examines the status of active sports gambling laws in Mississippi and West Virginia, the two SLC states that currently authorize it. As additional data is gathered on the revenue gained from taxing sports wagering, it is anticipated many states will act during the 2019 and 2020 legislative sessions to bring this form of gaming to their states — especially those with a lottery or casino gaming infrastructure already in place.

Policy Analysis | January 2019

Medical Marijuana Laws in Southern States

Anne Roberts Brody, Policy Analyst

Of the 15 states comprising the Southern Legislative Conference, six (Arkansas, Florida, Louisiana, Missouri, Oklahoma and West Virginia) have laws establishing comprehensive medical marijuana programs.* Of those, only Florida’s medical marijuana program is fully operational. Programs in Arkansas, Louisiana, Missouri, Oklahoma and West Virginia are still in the developmental phases.

Within the public policy community, a consensus has emerged on what constitutes a comprehensive medical marijuana program. Such programs are characterized by four key criteria:

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Other | January 2019

Issues to Watch - 2019

Anne Roberts Brody, Cody Allen and Roger Moore

As the 2019 legislative cycle begins, legislators across the South are preparing and pre-filing legislation to address emerging and relevant policy issues in their states. With its regional focus, the Southern Legislative Conference (SLC) is uniquely positioned to research and identify current and emerging policy issues and trends. This report was prepared by SLC policy analysts Anne Roberts Brody, Cody Allen and Roger Moore as a snapshot of issues and trends that are anticipated to emerge during the 2019 legislative term.

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Policy Analysis | October 2018

CDL Waivers for the Agriculture Industry

Anne Roberts Brody, Policy Analyst

Introduction
Transportation facilitates agriculture development by linking farmers, ranchers, manufacturers and service industries to grain elevators, processors, feedlots, markets, ports, rail, and barge facilities. Because agriculture requires large amounts of fertilizers and chemicals, it needs motor carriers that can safely haul hazardous materials. However, obtaining and maintaining a commercial drivers license can be costly and time consuming.

The inherently seasonal nature of agriculture requires drivers to be available to transport freshly harvested crops, or to provide fuel to implements of husbandry in a timely fashion. Delays caused by driver or vehicle shortages can be costly, resulting in spoiled crops and/or reduced returns. Likewise, the seasonal nature of this work means that farmers, farm workers and certain farm-related service industries need the ability to transport these goods during limited periods of time and for shorter distances than drivers for other industries. Recognizing this, the Moving Ahead for Progress in the 21st Century (MAP-21) Act of 2012 authorized a broad exemption from many federal regulations for vehicles that are classified as covered farm vehicles and granted states broad authority to waive certain Commercial Drivers License (CDL) requirements for farmers and employees of designated farm-related service industries. These exemptions offer the flexibility that is vital to the agriculture industry.

Federally Authorized CDL Waivers

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SLC Issue Brief | October 2018

The Growth of Synthetic Opioids in the South

Roger Moore, Policy Analyst

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The drug epidemic, driven in large part by the ongoing opioid crisis, continues to ravage tens of thousands of families and communities across the United States. The latest provisional data from the Centers for Disease Control and Prevention, released in September 2018, estimated that more than 71,500 drug overdose deaths occurred nationally between January 2017–January 2018, an increase of 6.6 percent during the same period the previous year, and 31.4 percent higher compared to January 2015– January 2016.1 In the Southern region, drug overdoses were responsible for more than 24,000 deaths in 2017, approximately one-third of the national total.

This SLC Issue Brief reviews the rise of dangerous synthetic opioids, primarily fentanyl, and their evolving role within the broader opioid crisis afflicting the United States. According to the U.S. Drug Enforcement Agency (DEA), the popularity of fentanyl and related synthetic opioids will remain unchallenged for the next several years, making it crucial for state and local leaders to understand the extent of the crisis and identify potential solutions for its mitigation.

SLC Special Series Report | October 2018

Blown Away: Wind Energy in the Southern States (Part III)

Anne Roberts Brody, Policy Analyst

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Wind energy production in the United States continues to grow, heralding expanded transmission capacity, lower energy prices and job growth in several sectors. This SLC Special Series exploring the myriad impacts of wind energy expansion in SLC states has examined the benefits of wind energy in the region and provided case studies from three SLC states. However, a further understanding of the full impacts of this growing industry also necessitates a discussion of its challenges. To that end, this SLC Special Series Report, the third and final installment, assesses the industry’s obstacles, particularly as they relate to military operations, impacts to avian populations and cultural perceptions.

Policy Analysis | September 2018

Poverty Statistics for Southern States

Roger Moore, Policy Analyst

Poverty is a complex and multifaceted issue, the result of socioeconomic factors often connected to history, geography and race. Studies consistently show that poverty limits access to education, nutritious foods, professional opportunities and safe, prosperous neighborhoods, all of which are critical for sustaining long and healthy livelihoods. For state and local governments, poverty can exacerbate crime, necessitate increased spending on healthcare and social safety nets, and adversely affect economic growth for decades.
 
According to statistics released by the U.S. Census Bureau in September 2018,* 42.5 million people lived in poverty in 2017, equivalent to 13.4 percent of the entire population that year. Among all groups, those identifying as American Indian and Alaska Native experienced the highest poverty rates at 25.4 percent, followed by individuals who identified as black or African American at 23.0 percent and Hispanic or Latino at 19.4 percent. Meanwhile, individuals who identified as white or Asian had the lowest poverty rates in 2017, both at 11.1 percent.

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Policy Analysis | August 2018

Suicide Rates in the South

Roger Moore, Policy Analyst

In June 2018, the Centers for Disease Control and Prevention (CDC) released a report documenting the high – and growing – number of suicides across the United States. In 2016, the last year for which the CDC has comprehensive data, 45,000 people died by suicide, an increase of 25.4 percent over 1999 levels. Nevada, where deaths by suicide were down 1 percent between 1999-2016, was the only state that did not experience an increase during this period.

Seven of the 15 states in the South, including Arkansas, Kentucky, Louisiana, Missouri, Oklahoma, South Carolina and West Virginia, experienced increases in suicide rates between 1999-2016 that were higher than the national average of 25.4 percent. The remaining seven states in the region were below the average, from a high of 24.2 percent in Tennessee, to a low of 10.6 percent in Florida.

Among Southern states, Oklahoma had the highest number of deaths by suicide per capita in 2016, with 21 per 100,000, followed by West Virginia, Missouri and Arkansas, all of which were among the top 15 nationally in this category. Meanwhile, North Carolina, Mississippi and Texas had the fewest number of suicides per 100,000 in the South, with rates of 13.0, 12.7 and 12.6, respectively. The national average was 13.5 deaths by suicide per 100,000, a number surpassed by 10 states in the SLC region.

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Policy Analysis | August 2018

Apprenticeships in the South

Roger Moore, Policy Analyst

Due to a lack of training and education among prospective employees, many businesses often have difficulty finding enough skilled workers to remain competitive in the global economy. This is particularly the case for positions that require moderate to high levels of technical knowledge, which are critical for sustained success in today’s job market.

Successful apprenticeship programs, which have proven valuable for both businesses and students, can help state and local leaders address the skills gap that exists in many industries. For businesses, apprenticeships can nurture student interest in careers related to their industry, potentially increasing the number of applicants in the future and improving employee retention and productivity. They also facilitate robust partnerships with schools, thereby ensuring that education standards include the skills and training necessary to succeed in growing industries. For students, apprenticeships offer the opportunity to apply content learned in the classroom to the workplace, allowing them to explore career options by gaining critical work experience. Apprentices also can interact with mentors who can assist them later when they are seeking career opportunities.

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Comparative Data Report | July 2018

Adult Correctional Systems

Monique Appeaning, Fiscal Analyst/Special Projects Coordinator, Legislative Fiscal Office, Louisiana

Comparative Data Reports (CDRs) are prepared annually by select SLC states’ fiscal research departments. These reports track a multitude of revenue sources and appropriations levels in Southern states and serve as a useful tool to legislators and legislative staff alike in determining their respective state spending.

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Comparative Data Report | July 2018

Education

Hank Hager, Counsel, Senate Education Committee, West Virginia

Comparative Data Reports (CDRs) are prepared annually by select SLC states’ fiscal research departments. These reports track a multitude of revenue sources and appropriations levels in Southern states and serve as a useful tool to legislators and legislative staff alike in determining their respective state spending.

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Comparative Data Report | July 2018

Medicaid

Fiscal Analyst Zach Rau and Section Director Shawn Hotstream, Louisiana Legislative Fiscal Office

Comparative Data Reports (CDRs) are prepared annually by select SLC states’ fiscal research departments. These reports track a multitude of revenue sources and appropriations levels in Southern states and serve as a useful tool to legislators and legislative staff alike in determining their respective state spending.

Download this report (PDF)

Comparative Data Report | July 2018

Transportation

David Talley, Legislative Fiscal Analyst, Legislative Research Commission, Kentucky

Comparative Data Reports (CDRs) are prepared annually by select SLC states’ fiscal research departments. These reports track a multitude of revenue sources and appropriations levels in Southern states and serve as a useful tool to legislators and legislative staff alike in determining their respective state spending.

Download this report (PDF)

Policy Analysis | June 2018

Distracted Driving Laws in SLC Member States

Roger Moore, Policy Analyst

In recent years, states across the South have enacted laws to mitigate distracted driving caused by the proliferation of cell phones and other portable electronic devices. The extent to which the laws impact drivers varies by state, though there are similarities across the region. Fourteen of 15 SLC member states, for example, prohibit all drivers from texting while driving and one, Missouri, prohibits texting by all drivers under the age of 21. Similarly, 10 of the 15 states prohibit all usage of wireless communication devices by novice drivers, generally defined as drivers under 18 years old who hold restricted licenses. Most states in the region have not implemented statewide bans on hand-held devices; however, several states have prohibited the use of hand-held devices in certain areas, such as designated school zones. Only Georgia and West Virginia have banned hand-held devices for all drivers.

Penalties vary widely across the region. Most states have implemented a tiered system whereby drivers face increasingly severe penalties for each subsequent offense. Eight states have fees that do not surpass $100 per violation, while another five states have fees that range between $100 and $300. Two states, Arkansas and Louisiana, permit fees up to $500 and $1,000, respectively, for repeat offenders.

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Policy Analysis | May 2018

Agriculture Sector's Contribution to State GDP, 2016-2017

Anne Roberts Brody, Policy Analyst

The U.S. Department of Commerce reported that real gross domestic product (GDP) increased 2.3 percent nationally between 2016 and 2017. Economic growth was widespread, with 20 of 22 industry groups contributing to the increase. Despite this growth, the agriculture, forestry, fishing, and hunting sector decreased 9.4 percent nationally – the culmination of five consecutive quarterly declines. While still struggling, states in the Southern region fared better than their Midwestern neighbors, which experienced the sharpest declines. Although the agriculture sector declined in each of the Southern states, only Louisiana experienced an overall decline in real GDP. As Congress continues to draft the 2018 Farm Bill, states reliant on farm economies will be paying close attention to any changes that may revive this important sector.

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SLC Regional Resource | May 2018

Opioids and Organ Donations: A Tale of Two Crises

Nick Bowman, Research and Publications Associate

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At least 42,249 Americans died from opioid overdoses in 2016, a 28 percent increase from 2015, according to the National Center for Health Statistics, a division of the Centers for Disease Control and Prevention (CDC). Opioids now kill more Americans each year than guns, breast cancer or automobile accidents and have contributed to the shortening of the average U.S. life expectancy for two consecutive years. The last recorded decrease in U.S. life expectancy was in 1993, due to the AIDS epidemic. The last time life expectancy decreased in two consecutive years was in 1962 and 1963 due to an influenza outbreak.

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Policy Analysis | April 2018

Chamber Vote Adjustment in the South

Multiple Authors

Of the 30 legislative chambers in the South, 25 chambers allow members to adjust their vote after the initial vote has been taken, either by rule or custom. The reasons for permitting a vote adjustment vary among chambers, with several chambers allowing members to change their votes when the vote was recorded incorrectly or the member voted erroneously, while other chambers only will permit a vote change prior to the announcement of the vote. Furthermore, 26 chambers have rules addressing a member’s ability—or lack thereof—to change their vote, while four chambers operate based on custom. There is no rule regarding vote adjustment in either chamber of the Arkansas General Assembly. However, the rules for both Arkansas chambers state that Mason’s Manual of Legislative Procedure—followed by 70 of the 99 state legislatures in the United States—shall be followed for all matters not covered by chamber rules. Mason’s Manual permits a member to change their vote after the roll call is completed, but before the vote is announced. This brief report examines rules or customs regarding chamber vote adjustment. When available, the text of the rule excerpted from the state source and a link to chamber rules are provided.

Chamber Vote Adjustment in the South

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Policy Analysis | April 2018

SLC - China Trade Data

Roger Moore, Policy Analyst

With the world’s two largest economies, the United States and China have much to lose in the event of prolonged trade disruptions between the two countries. In 2017, the total number of goods traded between the United States and China amounted to approximately $636 billion, a large majority of which consisted of Chinese goods entering the U.S. market.

Southern states rely heavily on China as a major export market, as well as a critical source for many of the goods that are imported into the region. In 2017, nine of the 15 states in the South — including Texas, Tennessee, Georgia, Florida, North Carolina, Kentucky, Virginia, South Carolina and Missouri — were among the top 20 recipients, nationally, of Chinese goods imported into the United States. Similarly, nine states in the South — including Texas, Louisiana, South Carolina, Alabama, Georgia, Kentucky, Tennessee, North Carolina and Florida — ranked in the top 20 in the number of goods exported to China.

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Policy Analysis | April 2018

Efficacy and Adverse Effects of Medical Marijuana: An Overview

Anne Roberts Brody, Policy Analyst

State legislatures continue to grapple with the myriad issues surrounding the legalization of marijuana – both medical and recreational.  This brief summarizes the findings of several peer-reviewed studies focusing on the efficacy and outcomes of medical marijuana and CBD in the treatment of disease, the association between marijuana use and motor vehicle crashes, and the 2017 National Institute on Drug Abuse update on marijuana.  Hyperlinks have been provided to all studies referenced herein.

Cannabis and cannabidiol (CBD) are now widely used to treat or alleviate a variety of diseases and symptoms.  While often conflated, the ratio in botanical and pharmaceutical preparations determines therapeutic or psychoactive effects.  Tetrahydrocannabinoil (THC) is the cannabinoid in marijuana that produces psychoactive effects, whereas CBD is nonpsychoactive. 

Marijuana has been approved for recreational and medicinal use in a growing number of states. According to Governing, 30 states and the District of Columbia have laws broadly legalizing marijuana in some form as of January 2018.  Of those, eight states and the District of Columbia have legalized recreational marijuana.  Twenty-two states allow for limited use of medical marijuana under certain circumstances.  Some medical marijuana laws are broader than others, with types of medical conditions that qualify for treatment varying from state to state. 

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Policy Analysis | April 2018

Apiculture and Land Use Valuation

Anne Roberts Brody, Policy Analyst

Apiculture - the maintenance of honeybees and hives - provides farmers and hobbyists with a variety of enterprises including production of beeswax, honey and other edible bee products; crop pollination services and sale of bees to other beekeepers. Due to the extensive problems caused by various diseases and pests of the honeybee, many feral or wild honeybees have been eliminated, which has had a significant negative impact on the pollination of flowering plants.

The domestic honeybee plays a vital role in agriculture. Honeybees pollinate many of the plants which produce the food consumed by humankind. Examples of plants pollinated by honeybees include almonds, apples, blueberries, cucumbers, melons, and pumpkins. The rapid decline of feral honeybees has greatly increased the need for managed honeybees to serve this crucial role of plant pollination.

Because of the important linkages between apian populations and agricultural production, many states in the Southern region extend a “current use” exemption to bee keepers. Current use valuation allows the valuation of agricultural land to be based on the actual use of the property, rather than market value. Of the 15 states comprising the Southern Legislative Conference, six explicitly include apiaries or apian products in the statutory definition of agricultural purposes/land eligible for a current use valuation.

Information relative to the six Southern states that designate apiaries as agricultural land is outlined below.

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SLC Issue Brief | January 2018

The State of Retail in Southern States

Roger Moore, Policy Analyst

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The retail industry, historically one of the largest and most important drivers of economic growth in the United States, is being challenged by technological advances and shifting consumer habits that are undermining sustained growth across much of the industry. The popularity of online retail — most prominently exemplified by the rise and dominance of Amazon and similar online shopping platforms — coupled with growing preferences for discounted shopping and experiences instead of material purchases, have profound implications for an industry that employs millions of people across the nation. According to many financial experts, the industry is confronting a so-called “retail apocalypse,” characterized by depressed profits, store closures and, in several instances, bankruptcy among some of the nation’s largest, most recognizable retailers.

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SLC Special Series Report | January 2018

Blown Away: Wind Energy in the Southern States (Part II)

Anne Roberts Brody, Policy Analyst

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Remarkably, without much fanfare, the nation’s wind energy sector continues to grow, a testimony to both advances in technology and deliberate measures by policymakers to create an environment to stimulate the development of this power source. At the close of 2016, installed wind capacity in the United States exceeded 82,000 megawatts (MW), surpassing hydropower for the first time in the nation’s history. In total, installed wind energy capacity grew by 8,203 MW over the previous year and now generates about 5.5 percent of the country’s electricity, enough to power 24 million homes.

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SLC Special Series Report | December 2017

Long-Term Care in the South (Part II)

Roger Moore, Policy Analyst

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As the nation’s population continues to trend older, it increasingly is apparent that long-term care (LTC) — defined as a range of medical and social services required by individuals in need of extended support due to illness and frailty — is becoming a growing concern for state and federal policymakers. Across the country, the number of people aged 65 and over is growing rapidly, a shift that will continue for several decades. As noted in Part I of this SLC Special Series Report, there will be approximately 88 million people over age 65 by 2050, almost double the 47.8 million recorded in 2015, according to the U.S. Census Bureau. More importantly, the number of people aged 85 and older, the demographic most likely to require longterm care, also will grow dramatically, from 6.3 million in 2015, to an estimated 19.0 million in 2050.

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SLC Issue Brief | October 2017

NAFTA Trade Data – SLC States, Canada and Mexico

Roger Moore, Policy Analyst

The Southern Legislative Conference (SLC) has studied the centrality of the Southern region’s economic integration with Canada and Mexico since the North American Free Trade Agreement (NAFTA) originally was implemented in 1994. After NAFTA’s implementation, the SLC published multiple analyses related to the trade agreement’s impact on the region, including The Influence of the North American Free Trade Agreement on Economic and Social Programs Supported by State Governments in the South; The North American Free Trade Agreement: Changing Economic and Social Programs of Southern States; and NAFTA ’95: A Report Card. The historical context provided by data in SLC’s various publications is essential to understanding the extent to which regional trade has been influenced by NAFTA, and the ways in which it could be impacted if the trade agreement is significantly modified in the months ahead.

As officials from Canada, Mexico and the United States attempt to renegotiate NAFTA’s stipulations, it is instructive for policymakers to understand the current position of SLC states with regard to the export and import of goods with Canada and Mexico, prior to any overhaul of the expansive agreement. Canada and Mexico are important trading partners for SLC member states, meaning any disruption to trade as a result of renegotiation could have significant ramifications across state economies, including in the agriculture, automotive and manufacturing industries.

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