advancing hr public policyin your state

HR: Leading People, Leading Organizations© 2003 SHRM

Presented by David NamuraManager, State AffairsSociety for Human Resource Management

Advancing HR:Public Policy in Your

State

March 31, 2004


“Business to Washington: Save Us From the States”

--Governing Magazine, June 2001

“Governmental Role Reversal: States Shouldering More Federal Burdens”

--Colorado Springs Gazette, 1999

“State Legislatures: Taking on America’s Issues” --State Legislatures, 1998

“New Test Labs of Social Law: States”--Washington Post, August 2000

“All Politics is Local”


State Legislatures – Busy Places

100,000 – State bills introduced in 2003

15,000 – Labor and employment bills

estimated in 2001

7382 – State legislators

835 – Bills tracked by State Affairs

168 – Bills enacted in 2003

99 – State Legislative Chambers


10. In Alabama and Georgia, it is illegal to carry an ice cream cone in one’s back pocket;

9. In Connecticut, lawmakers determined that a pickle is officially a pickle only if it bounces;

8. Arkansas has designated the Dutch Oven as the State’s historic Cooking Vessel;

7. In Louisiana, stealing an alligator is punishable by up to 10 years in prison;

6. In Ohio, it is illegal to get a fish drunk;

Top 10 Dumb LawsTop 10 Dumb Laws


Bellwether States

California

New Mexico

Hawaii

Massachusetts

Illinois Maine


Bellwether States• California

– Nation’s First Paid Leave Mandate (2002)

– Pay or Play Health Care System (2003)

– Mandating Health Care Coverage for Domestic Partners (2003)

• Hawaii– Expanded Sick Leave Usage (2003)

– Paid Leave for School Conferences (2003)


Bellwether States• Illinois

– Comparable Worth (2003)

• Maine– Dirigo Health Act (2003)

• Massachusetts– Legalization of Gay Marriages (2003)

• New Mexico– Equal Pay Task Force (2003)– Sexual Orientation and Gender Identity Civil

Rights (2003)


• The Economy

•The Elections

• Post 9-11 / New Global

Environment

The Climate


Economy

Number of States with . . . Feb. FY ’04 Feb. FY ‘03

. . . Budget gaps 18 36

. . . Gaps above 5% 5 15

. . . Budget overruns 23 37

. . . Revenues above forecast 23 6

. . . Revenues below forecast 14 30

Cumulative mid-year gap $2.5 billion $25.7 billion

BOTTOM LINE: STATES FOCUSING ON FINANCIALS


State Politics

Partisan Split

Democratic (8)Republican (12)Shared (31)


Post 9-11/New Global Environment

• Homeland Security– Emergency Response Planning– Patriot Act Implementation– Post 9-11 Fallout

• Global Environment– Public Health


Legislative Trends

• Leave Legislation

• Health Care

• Wage and Hour

• Discrimination


Leave Legislation

Paid Leave Now Law!

• New Leave Requirements

– 2002: 70 Legislative Proposals in 27 States

– 2003: 73 Legislative Proposals in 27 States

– Nine States Considering Version of CA’s Model

– 2004 States to Watch

– Hawaii, New Jersey, Oklahoma


• Legislative Mandates– 11 New Mandates in 2002

– 16 New Mandates in 2003

• Infertility treatment, cancer clinical trials, coverage for hearing aids, etc.

• Mandatory Contraceptive Coverage– Since 1998, 21 states enacted equity laws– 7 states introduced bills in 2003

• Illinois Enacted

Health Care


• States beginning to react– Legislation prohibiting new mandates:

• CA, LA, SC, VA

• Health Care Reform– Medical Malpractice/ Tort Reform

• Universal Health Care– California, Maine

Health Care contd.


Wage and Hour

•Minimum Wage

•Living Wage

•Compensatory Time

•Comparable Worth/Equal Pay


Civil Rights in the Workplace•Discrimination Trends in Legislation

– Gender Identity/Sexual Orientation

• Through 2003: 14 states have enacted legislation including NM in 2003

• CA created a state wide domestic registry and MA will allow gay marriages starting May, 2004.

– Genetics

• Legislation enacted in 33 states

• Currently legislation pending in New York and Rhode Island.


New Areas of Discrimination Legislation

• Religious Observance

– New York and Wisconsin

• Military Leave

– Legislation introduced in CT, LA, PA, WA, and WI

– New York enacted legislation in 2003

• Domestic Violence

– 4 states introduced legislation in 2003

– Legislation enacted in Illinois


Resources

State Affairs Web Pagewww.shrm.org/government/states

Pending Legislation web page

Enacted Legislation web page

Around the Country

Washington D.C. and State Insider


Top 10 Dumb Laws contd.5. In Pennsylvania, a motorist who sights a team of horses

coming toward him must pull well off the road, cover his car with a blanket or canvas that blends with the countryside, and let the horses pass. If the horses appear skittish, the motorist must take his car apart, piece by piece, and hide it under the nearest bushes;

4. Utah declared Jello as the state’s official snack food;

3. In Alabama, it is illegal for a driver to be blindfolded while operating a vehicle;

4. In Oklahoma, whaling is illegal;1. The Arkansas River can rise no higher than the Main

Street bridge in Little Rock.


Best Practices• The State Affairs Program compiled a list

of best practices submitted by State Legislative Directors and notes from the Legislative Leaders Meeting held during the 2004 SHRM Employment Law and Legislative Conference.

Click Here or visithttp://www.shrm.org/government/states/bestpractices.asp


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