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Research and Committee Staff Section

RACSS Newsletter


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Spring 1998

Table of Contents

Chair's Column
Legislative Staff Assist in African Democracies
1998 RACSS Officers
Allan Green Retires
1998 Professional Development Seminar
Legislative Staff Management Institute
Assembly on State Issues Spring Meeting
ASI-Frequently Asked Questions
Legislative Staff Coordinating Committee Update
Skills Development Seminar for Junior Staff
Regional Coordinators
Regional News
Staff Changes in Legislative Research Offices
RACSS Mailing List Project
RACSS Home Page
1998 Staff Sections Meeting Dates


Chair's Column

by Diane Bolender
Director, Iowa Legislative Service Bureau
1997-1998 RACSS Chair

Before I write about other topics, I would like to thank the individuals who volunteered to assist me in publishing the RACSS Newsletter this year. The names of the Regional Coordinators are listed on page 8 and they've done a great job of communicating with the state contacts from their regions and gathering submissions for the fall newsletter and this newsletter. For this newsletter, the submissions generally describe the important issues being discussed in the various state legislatures and technology issues. I have had several suggestions that more specific topics relating to our legislative employment be addressed by the state contacts in future newsletters. I certainly welcome suggestions from you and invite you to send your suggestions by e-mail either to me or to our NCSL staff person, Jeanne Mejeur. My URL is dbolend@legis. state.ia.us and Jeanne's is jeanne.mejeur@ncsl.org.

This newsletter may be the first newsletter many of you have received. Thanks to Jeanne Mejeur and other staff at NCSL, for updating the mailing lists for legislative staff. If this is your first encounter with RACSS, I urge you to sign onto the Internet, call up the NCSL home page at ncsl.org, and register to sign on to the home page for legislators and staff. Then, click on the Research and Committee Staff Section's homepage.

Please look over your calendar for the rest of the year and note several professional development opportunities for legislative staff involved in research, policy analysis, general legislative services, or committee staffing. All of them provide an occasion to improve skills as well as providing opportunities to network with colleagues. First, the Assembly on State Issues (ASI) is being held from April 3-5 in Seattle. Although RACSS is not offering specific programs for staff section members, staff members can benefit from the experiences of other states in shaping public policy, experimenting with new laws, and managing the legislative institution.

RACSS will be offering specific programs during the NCSL Annual Meeting, scheduled for July 20-23 in Las Vegas, Nevada. We're in the planning stages for those programs. I must mention, however, that Bob Erickson, RACSS Executive Committee member from Nevada, has already planned the session which describes Nevada's amazing political history. A political history session has become an annual event planned by RACSS but attended by legislative staff from all staff sections, as well as legislators. Again, suggestions are always welcome for programs that would interest you.

RACSS members who have been legislative employees for five or more years are strongly encouraged to attend the Professional Development Seminar for Senior Legislative Staff which this year will be a joint endeavor with the Legal Services Staff Section. The seminar is scheduled for October 8-10 in St. Paul/Minneapolis. For more information about the plans, see page 4. Junior staff members (those in their first or second year of legislative service) can benefit from attending the Skills Development Seminar that will be held this year from August 19 through 22, in Burlington, Vermont. In addition to the useful sessions, it's a great experience to learn about the processes of other state legislatures.

For staff members who are interested in becoming more involved in RACSS activities, it's not too early to begin thinking about running for the Executive Committee. Ninety days prior to the Annual Meeting, I will be naming a nominating committee who will select a slate of candidates for RACSS Executive Committee for 1998-1999. Voting will take place at our annual business meeting in Las Vegas. More information about the nomination process will be included in the Summer Newsletter.

Thanks again to all who made this newsletter possible.


Legislative Staff Assist In African Democracies

By David L. Lovell, Senior Analyst, Wisconsin Legislative Council Staff

This NCSL International Program is now in the final phase of a multi-phase project to help fledgling democracies in French-speaking West Africa. The project, titled Parliamentary Staff Development in Francophone Africa, is using the experience and expertise of senior staff in American state legislatures to help recently created legislative bodies develop staffing capabilities. The project is funded by the U.S. Information Agency.

In the late 1980s and early 1990s, the world's attention was focused on the great changes taking place in the Soviet Union and Eastern Europe. With much less fanfare, similar changes were taking place in parts of Africa. The people of a number of African nations deposed their strongman rulers and embarked on the journey toward multi-party democracies. In the mid-1990s, NCSL's International Programs Department initiated two programs to assist these efforts, one working with English-speaking nations and the other with French-speaking nations. Initially, the francophone program included four nations: Benin, the Ivory Coast, Mali and Niger. A military coup in 1996 in Niger reduced participation to three nations.

The early phases of the program included an introductory study tour of the U.S. to Ohio, Maine, Louisiana, and Washington, D.C.; a pair of week-long workshops held in Abidjan, Ivory Coast in October 1996 and Porto-Novo, Benin in September 1995; and attendance at the St. Louis Annual Meeting. The workshops were attended by legislative staff of the participating nations and touched on all aspects of legislative staffing. Faculty for the workshops were drawn from the Legislatures of Alaska, Maine, Montana and Wisconsin. The early phases also included two study tours of American state legislatures, which allowed senior staff from the participating African parliaments to observe the functioning of American democratic institutions.

More recently, in the fall of 1997, three senior legislative staffers conducted month-long internships in the participating African parliaments. Anne Winchester, a Policy Research Analyst for the Vermont Legislative Council, was posted in the Ivory Coast; Hannah Shostack, a Senior Research Associate for the New Jersey Office of Legislative Services, was posted in Benin; and I was posted in Mali. Each internship was very different from the others, depending on the expectations of the host legislature and the level of cooperation extended by that host. In each case, we studied the organization and functioning of the parliament. In addition, I was able to conduct a bill drafting workshop and informal discussions with staff regarding various issues related to legislative staffing.

Now, as this newsletter goes to press, the last phase of the program is wrapping up. For the months of February and March, 1998, six African staffers, two from each of the participating African parliaments, have been conducting internships in the three participating American legislatures. It has been my privilege these two months to work with one colleague from Mali and another from the Ivory Coast. I have attempted to show them all aspects of legislative staff work in Wisconsin and, to this end, many of my Wisconsin colleagues have participated in the program. In addition, I have attempted to give them hands-on exposure to those aspects of legislative staffing of most interest to them, in particular bill analysis, bill drafting and committee staffing. The intention of the program is that the interns will return to their parliaments with new skills and new ideas, which they will share with their colleagues and superiors.

As I think my American colleagues in this program would agree, participation in the program has been a richly rewarding experience. For the phases in Africa, the need to work in French and in a foreign culture has been a challenge and at times down right exhausting, but also very stimulating. The opportunity to observe an African parliament has been an eye-opening experience. The many ways in which these institutions appear non-democratic are striking, especially the lack of public participation in the legislative process. Equally striking to me, however, is the commitment of the staff to the development of democratic institutions and the clear understanding they had of the basic principles of nonpartisan legislative staffing. I found the staff and the leadership receptive to ideas on how the parliaments can improve their organization and functioning and eager for instruction in basic legislative staffing skills.

The greatest reward of the program to me and to my employer, I believe, is the increased understanding that I gained of my own job. In explaining my job and the organization of the Wisconsin Legislature to others, I was forced to examine them, myself. I was forced to think explicitly about many of the things I do routinely, thinking for perhaps the first time about how I do them and perhaps even why I do them. And, to be sure, I learned from my African colleagues, as well.

In my estimation, staff exchange is an excellent approach to helping new legislative institutions develop staffing abilities and a remarkable personal and professional growth opportunity for the participating staff. I hope that NCSL will continue programs of this nature and I would encourage any of my colleagues in the state legislatures to consider participating in them. Fellow RACSS members who are interested in NCSL's programs, and especially staff with language skills, can send a resume to International Programs in the NCSL Washington, D.C. office (fax 202-737-1069).


1998 RACSS Officers

Chair:
Diane Bolender, Director
Legislative Service Bureau, Iowa
phone: (515) 281-3566, fax: (515) 281-8027
e-mail: dbolend@legis.state.ia.us

Vice-chair:
Karl Aro, Executive Director
Department of Legislative Services, Maryland
phone: (410) 841-3875, fax: (410) 841-3774
e-mail: karo@mlis.state.md.us

Executive Committee:

Larry Barish, Director
Information and Library Services, Wisconsin
phone: (608) 266-0341, fax: (608) 266-5648
e-mail: Larry.Barish@legis.state.wi.us

Donna Davis, Senior Legislative Analyst
Bureau of Legislative Research, Arkansas
phone: (501) 682-1937, fax: (501) 682-1936
e-mail: donna@arkleg.state.ar.us

Robert Erickson, Research Director
Legislative Council Bureau, Nevada
phone: (702) 687-6825, fax: (702) 687-5962
e-mail: erickson@lcb.state.nv.us

Dianna McClure, Committee Staff Administrator
Legislative Research Commission, Kentucky
phone: (502) 564-8100, fax: (502) 223-5094
e-mail: dmcclure@mail.lrc.state.ky.us

William Montgomery, Director
Division of Research, Delaware
phone: (302) 739-6174, fax: (302) 739-3895
e-mail: wmontgomery@legis.state.de.us


Allan Green, RACSS Mentor, Retires

By David Hite, Colorado

An invaluable resource and a good friend of our staff section, Allan Green, recently retired from the directorship of the Connecticut Office of Legislative Research. Allan held that position from 1984 through 1997. Before coming to Connecticut, he applied his talents in three states. Allan was Director of the Oregon Legislative Assembly's Research Office, and also worked for the Colorado and Washington legislatures. He started his professional career as a political science instructor at the University of Puget Sound.

Allan worked tirelessly for NCSL and specifically for the Research and Committee Staff Section. His contributions included membership on the Executive Committee and the Legislative Staff Coordinating Committee. For RACSS, he served both as chairperson and as a member of the section's steering committee. Allan was on the faculty for the research track of the Skills Development Seminar for junior legislative staff for more than a decade, and acted as moderator or panelist at countless NCSL sponsored programs. When planning the content of RACSS programs, Allan could be counted on for original thoughts and topics. At RACSS sponsored events Allan made a special effort to promote participation in the group and its organizational leadership.

Allan was a moving force behind the establishment in 1994 of a Professional Development Seminar for Senior Research Staff. As always, he contributed constructive ideas for the event and, without hesitation, agreed to serve as host for the first seminar. Beyond the program content, details from the selection of hotel accommodations to the after-hours entertainment in Hartford had Allan's creative imprint.

Finally, Allan did not limit the application of his skills to this country but under the sponsorship of NCSL and other organizations he instructed parliamentary staffs in emerging democracies in Africa and Eastern Europe.

To our mentor and good friend, job well done!


Professional Development Seminar For Senior Staff

October 8-10, 1998
St. Paul, Minnesota

Mark your calendars for October 8-10, 1998, and plan to attend the Professional Development Seminar for Senior Staff in St. Paul. Senior staff includes those who have five or more years of experience working for a state legislature.

The Seminar is a joint venture this year as the Research and Committee Staff Section teams up with the Legal Services Staff Section to provide educational and informative sessions to help you in your legislative work. Since many legislative staff perform a variety of functions, including bill drafting, policy analysis, research, and committee staffing, the joint endeavor by the two staff sections can provide really stimulating interchanges.

Representatives from the two staff sections have begun developing a program and are very excited about the topics being discussed for the Twin Cities area seminar. West Publishing has agreed to provide a VIP tour of its facilities. Professor Alan Rosenthal, of the Eagleton Institute of Politics at Rutgers University, has agreed to be one of the presenters. Professor Rosenthal has been described as one of the nation's leading students of state legislatures, and he is the author of the recently published book entitled, The Decline of Representative Democracy, Process, Participation, and Power in State Legislatures. Professor John Brandl, Dean of the Humphrey Institute at the University of Minnesota, has been contacted and is excited about assisting the staff sections by providing faculty members for programs. Sessions on improving writing skills, communication skills, and managing crises are all in the planning stages. In addition, a session on ethics is planned.

Additional details about the program will be provided in the summer newsletter as well as in the seminar brochure which will be mailed to staff section members. Karl Aro, Executive Director of the Maryland Department of Legislative Services, is coordinating the seminar for RACSS.


Legislative Staff Management Institute

August 3-14, 1998
Minneapolis, Minnesota

By Larry Barish, Wisconsin

This year's Legislative Staff Management Institute (LSMI) will take place August 3-14, 1998. on the campus of University of Minnesota In Minneapolis. Cosponsored by the University's Humphrey Institute of Public Affairs and NCSL, LSMI provides senior legislative staff with a unique opportunity to learn new management skills to more effectively cope with the often stressful and always challenging legislative environment.

The strength of the program is in the interaction among participants--students and faculty--and the climate for learning which provides the backdrop for this process. Those of us who have attended LSMI have come away with an heightened appreciation for the legislative institution and a deeper understanding and respect for the role that we play in the legislative process. Although the time commitment and intellectual energy expended is considerable, the results are well worth the effort. For a complete class schedule, course contents, list of faculty, and application instructions, visit the NCSL home page at http://www.ncsl.org/legis/lsmi98.htm.


Assembly on State Issues

Spring Meeting
April 3-5, 1998

A Letter From Jennifer L. Noyes
Program Evaluation Director, Wisconsin Legislative Audit Bureau
Staff Chair, NCSL Assembly on State Issues

As Staff Chair of the Assembly on State Issues (ASI), I would like to invite you to attend ASI's Spring Meeting in Seattle, Washington, April 3-5, 1998. The meeting provides a great opportunity for you to share ideas, insights, and information with your colleagues from around the nation.

You've never been to an ASI meeting before? Come join us! If you are hesitating because you have not been active in one of ASI's eight committees and one task force, please know you are welcome to attend. Anyone with an interest in the topics to be covered and the issues to be discussed-regardless of whether they are an ASI committee member-should not miss this chance to exchange ideas and information with other legislative staff and with state legislators.

The meeting agenda is currently shaping up to be quite impressive. Our Opening Plenary will focus on the tobacco legislation resulting from negotiations between forty-one state attorneys general and the tobacco companies that Congress will consider in its 1998 session. While we are still finalizing plans for the session, it promises to be both interesting and informative. Our Closing Plenary Session will feature master communicator Sam Horn. As we all know, working in the legislative environment poses many unique challenges. Participants are under scrutiny from the media and must react quickly and articulately to rapidly changing circumstances. Successfully negotiating in this world requires effective communication. Ms. Horn will show you how to keep your cool under fire, diplomatically disarm difficult behavior and communicate in a way that turns conflict into cooperation.

In addition to the two plenary sessions, a variety of concurrent sessions will be held addressing a broad range of topics such as child health outreach strategies, education options for juvenile offenders, digital signature laws, information privacy, and utilities deregulation. The concurrent sessions are sponsored by ASI's committees and are open to any and all meeting attendees. We will also be presenting a special seminar-Redistricting 2000-in conjunction with the United States Census Bureau as well as a tours of Microsoft, Boeing, and a Public Art Walking Tour. These opportunities all included in your ASI registration, no extra charge!

To receive a copy of the meeting agenda (as well as registration and housing information), please call NCSL's fax on demand number (800) 380-7280 and request Document 102. The agenda will also be available through the Internet on NCSL's web site (www.ncsl.org). The information available through these two sources will be continually updated, as additional details are available.

A brochure for the ASI Spring Meeting, including registration materials, has already been mailed. If you did not receive a brochure, please contact NCSL's Vicky Rodriguez at (303) 364-7700, or e -mail vicky.rodriguez@ncsl.org. She'll be happy to send you a copy of the brochure as well as respond to any questions or concerns you may have.

I look forward to seeing you in Seattle!

Jennifer L. Noyes
Program Evaluation Director, Wisconsin Legislative Audit Bureau
Staff Chair, NCSL Assembly on State Issues

 


The Assembly on State Issues-Frequently Asked Questions

What is ASI?
ASI is one of two committee structures used by NCSL to serve its members. Unlike the other committee structure (the Assembly on Federal Issues, which directs NCSL's lobbying efforts in Washington, D.C.), ASI membership is open to legislative staff. ASI serves as a major forum for the exchange of ideas and information among state legislatures. It allows legislators and legislative staff to benefit from the experiences of other states in shaping public policy, experimenting with new laws, and managing the legislative institution.

How does ASI accomplish the goal of sharing ideas and information?
ASI holds three meetings each year, providing an exchange of information through timely and relevant work products and through networking opportunities for legislators and legislative staff.

How is ASI structured?
Eight ASI committees focus on different topic areas, including Arts and Tourism; Children, Families, and Health; Communications and Information Policy; Criminal Justice; Education; Fiscal, Oversight, and Intergovernmental Affairs; Legislative Effectiveness; and Science, Energy, and Environmental Resources. There is also one task force: the Redistricting Task Force.

Do I have to be appointed to a committee or task force to participate in ASI meetings and activities?
No! ASI meetings are open to all legislative staff, regardless of committee membership. Staff interested in the issues addressed by ASI are encouraged to attend all meetings.

What can I expect from an ASI meeting?
ASI meetings have a structure similar to that of the NCSL Annual Meeting and staff section training conferences. Two plenary sessions addressing topics of wide interest are usually held while concurrent sessions are held on a variety of topics relevant to each committee or task force.

I need more information. How can I get it?
Additional information about ASI is available through NCSL's home page (www.ncsl.org), including information about each of the committees, a list of officers, committee work products, and information about upcoming meetings. You can also contact NCSL's Vicky Rodriguez at (303) 364-7700 or e-mail Vicky.Rodriguez@ncsl.org. Jennifer Noyes, ASI's current Staff Chair, can also answer any questions you may have. You can reach her at (608) 266-2818 (the Wisconsin Legislative Audit Bureau) or e-mail Jennifer.Noyes@legis.state.wi.us.


Update on Legislative Staff Coordinating Committee Activities

The Legislative Staff Coordinating Committee (LSCC) is the coordinating body for the various legislative staff activities at NCSL. The LSCC is comprised of representatives from each of the nine staff sections, as well as legislative staff who are NCSL officers, Executive Committee members, or appointed at the NCSL Staff Chair's discretion. The LSCC meets several times a year in conjunction with the NCSL Executive Committee meetings.

This year Staff Chair Anne Walker has established three task forces to carry on the work of the LSCC. The following is a brief summary of the assignments given to the task forces and their activities. The task forces have met in Santa Barbara and San Antonio.

The purpose of the Outreach and External Communication Task Force is to increase awareness, understanding, and participation by legislative staff in NCSL and staff section programs. The task force is charged to develop a plan of outreach, coordinate with existing staff sections in evaluating the staff section role in outreach, develop new methods of external communication, and present a work product at the year's end. The task force (which has members from all nine staff sections) has analyzed the mailing lists for each staff section, is assessing the outreach activities of each staff section, and has worked to develop methods for identifying new staff. It is contemplating development of a welcome letter and designing a brochure that would be distributed to each new legislative employee at the commencement of legislative employment and also involving the NCSL state contact staff in making sure that new legislative employees are aware of NCSL. It is developing recommendations to urge staff sections to expand their efforts for identifying eligible staff and for reaching out to legislative employees.

The purpose of the Communication and Coordination of Professional Development Task Force is to provide oversight, communication, and evaluation of NCSL's professional development programs for legislative staff and to encourage and promote participation in these programs. A subtask force has been created to review and evaluate the Legislative Staff Management Institute and the new Seminar for Legislative Staff Executives. The subtask force is still conducting its evaluations and anticipates making a report later during the conference year. The task force is developing recommendations to encourage cooperative professional development endeavors among the various staff sections. It is also working with the Communication through Technology Task Force to develop the content for a multi-media product to educate legislators and legislative staff regarding NCSL services and to foster increased participation in NCSL programs and activities. Another subtask force has been established to review issues regarding the development of a certification program for legislative staff.

The purpose of the Communication through Technology Task Force is to examine various technologies that NCSL might use to improve its communication with legislative staff and develop a work product that communicates NCSL's services to legislators and staff. A subtask force has been established to review and evaluate NCSL's Web site. That subtask force has met with NCSL staff members and is discussing changes that might be made. The task force is working with the Communication and Coordination Task Force to develop a multi-media training product. The task force has contacted representatives from a sampling of states to discuss standards for on-line publishing developed by NCSL and will continue its review of that issue.


Junior Staff Training at the Skills Development Seminar

August 19-22, 1998
Burlington, Vermont

The 1998 Skills Development Seminar for junior legislative staff is scheduled for August 19-22, 1998 in Burlington, Vermont.

The skills seminar is a broadly-focused training seminar for junior legislative staff, designed for those who've been in the legislative environment for two or fewer years or recently transferred to their current position. Using small groups and an informal atmosphere, the seminar encourages interaction between participants and faculty, and promotes basic skills with hands-on exercises.

The seminar features day-and-a-half long tracks in four separate skill areas:

w research
w bill drafting
w fiscal analysis
w program evaluation

In addition to the four tracks, the seminar also offers several workshops and concurrent sessions. For more information on the Skills Development Seminar, or for registration materials, contact Bruce Feustel in NCSL's Denver office, by phone at (303) 364-7700, or e-mail at bruce.feustel@ncsl.org.


Regional Coordinators

Thank you to our Regional Coordinators, who have done a great job in gathering articles from their state contacts, for our Regional News column.

New England Region-Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont

Cora Chua, Legal Research Attorney
Commission on Children, Connecticut
phone: (860) 240-0075
fax (860) 240-0248

Mid-Atlantic Region-Delaware, Maryland, New Jersey, New York, Pennsylvania, Virginia, West Virginia

David Sallach, Principal Research Associate
Office of Legislative Services/CMU, New Jersey
phone: (609) 984-0231
fax (609) 777-4606

South Region-Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee

Dianna McClure, Committee Staff Administrator
Committee on Health and Welfare
Legislative Research Commission, Kentucky
phone: (502) 564-8100
fax (502) 564-5094
e-mail dmcclure@mail.lrc.state.ky.us

Great Lakes Region-Illinois, Indiana, Michigan, Ohio, Wisconsin

David Lovell, Senior Analyst
Legislative Council, Wisconsin
phone: (608) 266-1537
fax (608) 266-3830
e-mail David.Lovell@legis.state.wi.us

South Central Region-Arkansas, Kansas, Louisiana, Missouri, Oklahoma, Texas

Willa Black Sanders, Research Analyst
Bureau of Legislative Research, Arkansas
phone: (501) 682-1937
fax (501) 682-1936

Northern Plains Region-Iowa, Minnesota, Nebraska, North Dakota, South Dakota

David Ortbahn, Principal Research Analyst
Legislative Research Council, South Dakota
phone: (605) 773-3251
fax (605) 773-4576
e-mail daveo@lrc.state.sd.us

Mountain Region-Arizona, Colorado, Idaho, Montana, New Mexico, Utah, Wyoming

David Hite, Deputy Director
Legislative Council, Colorado
phone: (303) 866-3521
fax (303) 866-3855
e-mail david.hite@state.co.us

West Region-Alaska, California, Hawaii, Nevada, Oregon, Washington

Anne Tweedt, Senior Policy Analyst
Policy and Research Office, Oregon
phone: (503) 986-1496
fax (503) 986-1780
email anne.e.tweedt@state.or.us


Regional News

Following are news items from state legislatures, written by our state contacts in the RACSS Regional Coordinator system. This month we have added brief headlines to each story, to make browsing the column a bit easier. If you have a news item for your state, please contact the coordinator for your region, at the phone numbers or e-mail addresses shown in the previous article.

Regional News Table of Contents

New England Region-Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont

Connecticut-Tax Cuts and Electric Utility Restructuring Top Legislative Agenda
New Hampshire-Supreme Court Rules Education Funding Unconstitutional

Mid-Atlantic Region-Delaware, Maryland, New Jersey, New York, Pennsylvania, Virginia, West Virginia

Maryland-Highlights of the 1998 Session
New Jersey-Legislature Studies Religion, Juvenile Justice, Domestic Violence
New York-Legislature Addresses Damage Caused by Northeast Ice Storm
Pennsylvania-Legislature Considers Tax Reform

South Region-Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee

Kentucky-Moving to Annual Sessions May Reduce the Number of Special Sessions
Tennessee-Big Issues at End of Session; New Director for House Research

Great Lakes Region-Illinois, Indiana, Michigan, Ohio, Wisconsin

Michigan-Legislative Council Has Broad Duties
Ohio-Lawmakers Work to Fund Education; Current System Ruled Unconstitutional
Wisconsin-Special Session May Depend on Special Election to Fill Vacant Senate Seat

South Central Region-Arkansas, Kansas, Louisiana, Missouri, Oklahoma, Texas

Arkansas-Strengthening State Ethics Laws
Arkansas-Leadership Academy Promotes Skills Building Among Educators
Louisiana-New Computer System Links Research, Drafting, Committees, Chambers
Missouri-Litigation About Procedures Is Affecting the Legislative Process
Oklahoma-Sentencing and Tax Cuts Top Legislative Agenda

Northern Plains Region-Iowa, Minnesota, Nebraska, North Dakota, South Dakota

Iowa-Legislature Studies Human Services, Taxes, Crime and Agriculture
North Dakota-Legislature to Hire an Information Technology Advisor
South Dakota-Legislative Agenda Includes Telecommunications, Taxes, Video Lottery

Mountain Region-Arizona, Colorado, Idaho, Montana, New Mexico, Utah, Wyoming

Colorado-Pilot Program Provides Laptops for Legislators
Idaho-Endowment Lands Fund Education
Utah-Bar Codes Speed Legislative Bill Processing

West Region-Alaska, California, Hawaii, Nevada, Oregon, Washington

Nevada-Looking Forward to Hosting NCSL's 1998 Annual Meeting
 

New England Regional News
Coordinator: Cora Chua, Connecticut

Connecticut-Tax Cuts and Electric Utility Restructuring Top Legislative Agenda
by Mary Janicki
Connecticut's 1998 legislative session began February 4 with Republican Governor John G. Rowland calling for state income tax cuts while Democratic legislative leaders proposed reductions in the property and sales taxes. Among the major issues that the legislature will consider is deregulation of the electric industry to permit competition to reduce rates. The central point of controversy in the matter is who will pay for several billion dollars of stranded costs (costs utilities currently recover through rates, but which may not be recoverable if competition is authorized).

In addition to electric restructuring, other hot issues are: a push for preserving open space; education proposals to provide funding for new programs for students who are poor readers, additional teachers to reduce class size, and relief to towns that send special education students out of district; and tightened restrictions on the state's accelerated rehabilitation program. Recurring issues like the state's speed limit, gasoline prices, and the concept of corporate responsibility that requires companies receiving state aid or assistance to follow a code of conduct for treating their employees will likely be revisited.

New Hampshire-Supreme Court Rules Education Funding Unconstitutional
by Richard Amidon
The Office of Legislative Services in New Hampshire is unusually busy handling a number of late-filed bills relating to education. The state Supreme Court has determined that relying on local property taxes to fund the great share of the costs of public education is not constitutional and that the legislature and governor have a deadline of April 1, 1999 to have in place a means of funding education that is fairer and does not discriminate against property poor towns. The court has also ruled that there must be in statute by that time an acceptable definition of educational adequacy. There continues to be substantial pressure from the public not to enact a broad based income or sales tax to satisfy the funding need. New Hampshire has neither of these at this time.

Mid-Atlantic Regional News
Coordinator: David Sallach, New Jersey

Maryland-Highlights of the 1998 Session
by Karl Aro
The following are summaries of some of the Governor's and House leadership bills before the General Assembly this session.

HB 1-School Accountability Funding for Excellence. This Administration bill establishes the School Accountability Funding for Excellence Program, which provides additional targeted State funding for education programs serving "at-risk" students. Specifically, the bill (1) establishes a new targeted improvement grant, school library grant, and teacher development program; (2) enhances State funding for the limited English proficiency, aging schools, and extended elementary education programs; and (3) provides Prince George's County with additional funding for effective schools, a pilot integrated student support services project, and teacher development initiatives. HB 1 provides an additional $61.5 million in State funding to local school districts, with most of the funding being targeted to programs designed to increase the academic performance of at-risk students. To receive these funds, each local school system must submit to the Maryland State Department of Education a comprehensive plan outlining ways to increase the performance of at-risk students. The bill also includes a non-supplantation provision. In July 1997, the Governor and the Speaker of the House appointed a 28- member task force to undertake a comprehensive review of education funding and programs in grades K-12 to ensure that students throughout Maryland have an equal opportunity for academic success. One of the main goals was to determine if inequities or gaps exist in funding programs earmarked for Maryland students who are believed to be "at risk" of failing in school. Further, the task force was asked to look at current accountability systems to provide assurances to the General Assembly and the public that school systems and school leaders are held accountable for meeting appropriate educational and fiscal standards. Finally, the task force was asked to see if the State can better leverage the money it currently spends and make use of all available public and private resources. At the beginning of the year, the task force submitted its preliminary report which forms the basis of this legislation.

HB 2-Maryland Health Care Regulatory and Systems Reform Act. This bill consolidates certain health care regulatory responsibilities under the Health Care Access and Cost Commission (HCACC), establishes a Health Care Access and Cost Commission Fund and sets fee limits on hospital, nursing home, payor, and health care practitioner assessments to be paid into the fund, and provides for transfers of specified health care regulatory functions between State agencies. The bill abolishes the Health Resources Planning Commission (HRPC) and the Health Services Cost Review Commission (HSCRC) and transfers their responsibilities to HCACC. It transfers the administrative and enforcement responsibility for private review agents from the Department of Health and Mental Hygiene (DHMH) to the Maryland Insurance Administration (MIA). It also transfers the responsibility for investigating complaints about HMOs from DHMH to HCACC. HB 2 repeals: (1) the requirement that a certificate of need (CON) be obtained for establishing a home health agency or hospice; and (2) the Advisory Committee on Practice Parameters and the Advisory Board on Hospital Licensing. It alters the implementation of the health care practitioner payment system and authorizes HCACC to establish a method of financing the cost of uncompensated care for services provided by freestanding ambulatory surgical facilities. HCACC must define by regulation the types of hospital outpatient services for which hospitals may charge below commission-approved rates. The bill requires HCACC to: (1) study the CON program and report by December 1, 1998 to the Governor and various legislative committees; and (2) contract with an independent entity to study HCACC's management and organization and report to the Governor and General Assembly by January 1, 1999. These provisions of the bill take effect June 1, 1998.

HB 4-Children and Families First Health Care Act of 1998. This bill requires the Department of Health and Mental Hygiene (DHMH) to establish the Children and Families Health Care Program. The program extends Medicaid coverage to uninsured children under the age of 19 from families with income up to 185% of the federal poverty level. The bill transfers the responsibility of enrolling recipients into Medicaid managed care organizations from DHMH to the Maryland Health Care Foundation. The foundation will also be responsible for outreach and enrollment under the Children and Families Health Care Program. In addition, the foundation must develop demonstration projects for expanding health insurance coverage to families with income between 185% and 200% of the federal poverty level. The bill also provides that at the end of each fiscal year any surplus general funds from the general fund appropriation to the Children and Families Health Care Program must be transferred to the Maryland Health Care Foundation and dedicated to demonstration projects. The bill requires the Secretary of Health and Mental Hygiene to implement presumptive eligibility for any child who applies for Medical Assistance. DHMH must award Medicaid contracts to managed care organizations (MCOs) through a competitive bidding process.

HB 5-Property Tax, Biotechnology and Computer Software, Manufacturing Exemption. This bill expands the property tax exemption for manufacturing property to include the identification, design, and genetic engineering of biological materials for sale or license, including the small scale development of organisms or derivative biological materials for research application or as a final product for a biological or molecular process. The definition also includes the design, development, or creation of computer software for sale, lease, or license, including the assembly of materials or components to produce an integrated system or other product. Any exemptions from county or municipal property taxes granted for machinery, equipment, materials, and supplies consumed in or used primarily in research and development do not apply to manufacturing personal property exempt from the property tax under current law. This provision does not apply if manufacturing personal property is subject to the county or municipal property tax. This bill is effective October 1, 1998 and shall be applicable to all taxable years beginning after June 30, 1999.

HB 10-Public Service Companies - Holding Companies. This bill allows public service companies to form holding companies. This holding company bill would update current law, which is derived from the original Public Service Commission Law enacted in 1913. Under current law, public utility companies that are incorporated in Maryland are prohibited from forming holding companies. Under current law, any financing that the public service company obtains is classified as "utility specific," thereby requiring PSC approval. This bill would allow the separation of regulated and unregulated business activities undertaken by public service companies. A holding company is the structure which allows for the division of those activities among separate subsidiary companies. BG&E believes that it would enable them further "financial flexibility." This bill is designed to align the state with what the surrounding states, such as Delaware, Pennsylvania, and Virginia have done to update their laws. Congress is in the process of bringing this issue to the federal level.

HB 502-Water Quality Improvement Act of 1998. Introduced by the Governor, based on the recommendations of a blue ribbon commission, this bill seeks to address the problem with pfiesteria in the tributaries of the lower Chesapeake Bay by establishing an Animal Waste Technology Fund; specifying requirements for contract animal feed; specifying requirements for nutrient management plans; requiring the adoption of regulations to limit the size of swine farm operations; providing an income tax deduction for specified agriculture costs. Another bill, HB 599, has been introduced as an alternative to the Governor's proposal.

New Jersey-Legislature Studies Religion, Juvenile Justice, Domestic Violence, Education
by Dave Sallach
During its 1998 session, the 208th New Jersey Legislature is considering a number of important issues. In response to the United States Supreme Court's ruling in City of Boerne v. Flores (117 S.Ct. 2157) that the enactment of the federal Religious Freedom Restoration Act of 1993 exceeded Congress' enforcement power under the Fourteenth Amendment and, therefore, was unconstitutional, both the Senate and the General Assembly have begun committee hearings on a bill, the "New Jersey Religious Freedom Restoration Act." This bill would require that a test of compelling governmental interest be imposed on all governmental actions, including laws, which may impose burdens upon the free exercise of religion, and provide a claim or defense to persons whose religious exercise is substantially burdened by governmental actions.

The Judiciary committees in both Houses are reviewing a proposal to authorize a "blending" of juvenile and adult sentences for certain juvenile offenders. Under the proposal, the court would impose both a juvenile and an adult disposition on the juvenile offender. If the juvenile fails to comply with or fulfill his or her obligations under the juvenile disposition, the adult disposition becomes effective, superseding the juvenile one.

Legislation to establish a central registry for domestic violence cases is also under consideration. The proposed registry would contain records of all persons who have had a domestic violence restraining order entered against them, have been charged with a crime or offense involving domestic violence, or have been charged with violating a court order involving domestic violence. These records would be confidential and released only to law enforcement agencies and the courts. The registry would help authorities to identify quickly individuals with dangerous behavior problems, repeat offenders and violators, and those who, under current law, have restrictions imposed on their right to purchase and possess firearms.

A major concern of the Legislature is the Supreme Court's current review of the state's public school funding formula. Enacted in December 1996, the formula was challenged by a coalition of the state's "Special Needs" districts. If the court upholds this challenge, the Legislature must distribute an additional $312 million in aid.

Two other educational issues are attracting attention. The first issue concerns tenure for principals and supervisors. A few years ago, New Jersey abolished tenure for school superintendents. A proposal which would extend that policy to school principals and supervisors is under review. The second issue concerns provisional employment. Currently, a school employee may be afforded provisional status for a short period while the state's mandatory criminal background check is being completed. Pending legislation would eliminate such provisional appointments.

Another major issue involves restructuring the electrical power industry in the state. Currently, the Legislature is examining the various aspects and impact of restructuring, and is beginning to develop enabling legislation.

The Legislature also must devise a restructuring of the state's solid waste management system. In the 1980s, to meet the demand for alternatives to landfills, several New Jersey counties invested $1.8 billion to develop a system of solid waste incinerators and transfer stations. To assure adequate revenues, the state instituted a waste flow plan, directing haulers to dispose of their waste collections at particular stations or incinerators. The U.S. Supreme Court recently invalidated this plan, ruling that state did not have the authority to direct waste flow. Without adequate waste flow, there is concern that the counties will be unable to generate the revenues they need to retire their outstanding debt.

"Open Space" preservation is another issue attracting legislative attention. The Governor has suggested a preservation program in which the state would spend $200 million annually to acquire open space land. The debate centers on the method of funding the program.

In April, the Senate Budget and Appropriations Committee and the Assembly Appropriations Committee will begin separate hearings on the Governor's budget recommendations. The Governor's recommendation of $17.95 billion for the 1999 fiscal year represents a 5.4 percent increase over last year. New Jersey's fiscal year begins July 1st.

New York-Legislature Addresses Damage Caused by Northeast Ice Storm
by Kathy Wise
The issues being addressed at the beginning of the 1998 Session were greatly affected by the ravages of an ice storm that devastated 10 northern counties and resulted in federal and state emergency declarations. Several million dollar losses were incurred by all---dairy farmers, maple sugar producers, utility companies, businesses, homeowners, municipalities, etc.-from the storm damage that paralyzed the area. Some legislation has been enacted to provide relief and assistance but additional proposals are under active consideration and negotiation.

The losses experienced by New York's northern dairy farms have heightened interest concerning whether the State should join the Northeast Dairy Compact.

The Governor released his 1998-99 Executive Budget which originally recommended an 8.5 percent increase in spending that the Governor reduced to 7.9 percent with his 30 day amendments. Despite a budget surplus of $1.83 billion (Governor's estimate), some do not expect a budget agreement to occur in time for the April first deadline. Numerous proposals to reform the budgetary process have been offered to assure an on-time budget after last year's record setting 126 days late.

Two major crime issues will continue to receive attention. Proposals have been offered to reform the juvenile justice system and address the public's concerns about rising juvenile crime. Jenna's Law, which is a proposal that would ban parole for first time violent felons, remains a contentious issue. While the Senate has acted favorably on a Jenna's Law type proposal, the Assembly has yet to pass it.

Court reform is being discussed to update and streamline the judiciary. The business of the courts is currently being conducted in the context of the 1960s and the courts cannot prioritize or eliminate certain aspects of their operations.

Pennsylvania-Legislature Considers Tax Reform
by Mike Gasbarre
Although it is budget season in Pennsylvania, the General Assembly will shortly deliberate the merits of local property tax reform. On November 4, 1997, the voters of Pennsylvania passed a constitutional amendment that will allow a reduction on real estate taxes imposed on a still-to-be-defined "homestead" property. The amendment was needed since Article VIII of the Constitution of Pennsylvania requires that taxes imposed be uniform on specific subjects of taxation. The effect of the amendment is to allow the Legislature to enact the necessary legislation to define what constitutes a homestead so that real property taxes may be reduced on primarily residential property without affecting the imposition of these taxes on other types of property such as commercial or industrial real estate.

The House Finance Committee is now drafting a three bill package to implement local tax reform. One bill will provide for a local Taxpayer Bill of Rights that will identify the procedures that taxpayers may use to appeal the imposition of a tax and to request a refund of taxes paid in error or simply overpaid. A second bill will define what property is considered to be a homestead such as a primary residence or perhaps a farmstead, and provide the methodology in reducing real estate taxes within the constitutional limitations set forth in the amendment. A third bill, similar to one that has already passed the State Senate, will provide for a local optional tax scheme that will allow political subdivisions opting into a new tax system to r educe property taxes while at the same time eliminating some current local taxes, such as the occupation tax, per capita tax, and other so-called nuisance taxes. It is reported that the Legislature will attempt to enact the necessary legislation prior to Summer Recess.

South Regional News
Coordinator: Dianna McClure, Kentucky

Kentucky-Moving to Annual Sessions May Reduce the Number of Special Sessions
by Joyce Honaker
While the 1998 Regular Session of the Kentucky General Assembly has 23 legislative days remaining as of this writing, the 1998-99 interim promises to be an active one for research and committee staff. New interim legislative study committees and task forces proposed include panels dealing with military and defense-related issues, planning and zoning, funding for tourism development, adult education, services for youth-at-risk, historic properties, utility tax policies, sibling sexual abuse, teens and tobacco, rails-to-trails, and unlicensed assistive nursing. Other research studies that the General Assembly may direct interim joint committees and staff to undertake are bill introduction limits, alternative medicine, state-funded planning and development agencies, and community schools.

A constitutional amendment proposed by the House Speaker would move the Kentucky General Assembly into the annual session states column. If the amendment is passed in the 1998 session and approved by the voters in November, 1998, the current odd-year organizational session of 10 days would be reduced to 5 days, and a 25 legislative day "interim session" would follow. One aim of the proposed amendment is to reduce the frequency, and unpredictability, of special sessions. Called often and on short notice by recent Governors, special sessions have been blamed by several non-returning members for making it impossible to serve in the General Assembly while fulfilling family and occupational obligations.

Tennessee-Big Issues at End of Session; New Director for House Research
by Brian Dauer
The Tennessee Senate and House of Representatives are currently in the midst of the Second Session of the 100th General Assembly. This session promises to be very busy near the end with many big issues yet to be considered. The issues currently facing the General Assembly include the development of a program providing home and community-based services for the elderly and disabled, prison privatization, chronic unemployment in rural areas, annexation, a constitutional convention for a lottery, speed limits, lowering the legal blood alcohol level, graduated driver's licensing for those under 18 years of age, merging the department of mental health and retardation with the department of health, "any willing provider," civil commitment of sexual predators, the development of a state drug enforcement agency, school safety, zero tolerance, charter schools, scholastic achievement testing, consumer access to health care provider profiles and information, telecommunications, and insurance coverage for infertility treatments. The General Assembly should complete its business and adjourn before the end of April.

In other news, the House Research Division welcomed a new supervisor in January, Brunswick Lowe, a former research analyst, who directs a seasoned, experienced staff. Under his leadership, the research staff continues to play a pivotal role in the smooth functioning of the legislative process in Tennessee. That process has been enhanced by the continued improvements of the Legislative Information Services to the General Assembly's web site. Recently a link to the Tennessee Code was established. Feel free to check out our web-site at http://www.legislature. state.tn.us/.

Great Lakes Regional News
Coordinator: David Lovell, Wisconsin

Michigan-Legislative Council Has Broad Duties
by Dianne Odrobina, with contributions from Gary Gulliver, Denise Koning and Cindy Johnson
A unique grouping of agencies falls under Michigan's Legislative Council:
w Legislative Service Bureau-(responsible for Legal Drafting, Legal Editing and Law Publications, the Print Shop, Telecommunications, and Research, including Legal, Legislative, and Science and Technology)
w Legislative Council Facilities Agency-(responsible for buildings and grounds of the Capitol and the Michigan Library and Historical Center, and the Capitol Tour Guide Service)
w Library of Michigan and Law Library
w Legislative Corrections Ombudsman
w Joint Committee on Administrative Rules

The following commissions also fall under the Legislative Council, with a status report on each of the commissions:
w Michigan Sentencing Guidelines Commission
The Report of the Michigan Sentencing Guidelines Commission was approved on November 25, 1997, and was delivered to the legislature on December 2, 1997. The State Senate passed and the House of Representatives is currently considering legislation emanating from the Commission's report. The 19-member Sentencing Commission was created by statute in 1994 and is primarily charged with submitting to the State Legislature recommended sentencing guidelines designed to protect the public and reduce sentencing disparity. Development of the recommended legislative guidelines has included classification of all felonies by severity and crime type (a process which produced the first-ever compilation of a comprehensive felony crimes list in the state), revision of the method used to weigh offenses and prior record variables, and creation of a corresponding grid system which provides the sentencing judge with a range of possible minimum sentences. Under legislative guidelines, the sentencing judge would be able to sentence outside the guideline range ("depart") only for "substantial and compelling" reasons not considered or given adequate weight by the variables structure, and the reason must be stated on the record.
w Michigan Trial Court Assessment Commission
Michigan's Trial Court Assessment Commission is made up of 23 members representing the judicial, legislative, executive and local branches of government; the state bar; and the public. The Commission was created by statute to do the following:
1. Study and classify the civil and criminal cases filed in the state's trial courts, develop criteria to determine the relative complexity of the types of cases filed, and apply the criteria to the caseloads of the trial courts. Based on these mandates, the Commission is to recommend a court funding formula.
2. Provide a recommendation of how many trial court judges are needed to dispose of the state's trial court caseload, a report concerning the need to revise the courts or court system and proposals for implementation, and an analysis of the implementation of any changes in the courts or court system.
3. Recommend a solution with respect to the part-time probate judge issue.
4. Provide a review and recommendation for the total number of judges assigned to the family division of circuit court.
The Commission has completed part of its mandate by conducting a weighted caseload study for the state's trial courts. Recommendations on a court funding formula with be forthcoming. Finally, the Commission has begun studying court structure and the part-time probate judge issue, monitoring the implementation of the new family division of circuit court and using the weighted caseload study to determine available judge time. This combined effort will allow the Commission to make recommendations on the overall structure of the state's court system and the allocation of judicial resources.
w Michigan Law Revision Commission
The Michigan Law Revision Commission consists of four legislative members, four public members, and the Legislative Council Administrator. The Commission is charged by statute to examine the common law and statutes of the state and current judicial decisions for the purpose of discovering defects and anachronisms in the law, to recommend such changes in the law as it deems necessary in order to modify or eliminate antiquated and inequitable rules of law, and to bring the civil and criminal law of this state into harmony with modern conditions. In performing these functions, the Commission receives and considers suggestions from judges, legislators, lawyers and the general public. In 1997, the Commission's principal activity involved the rewriting and reform of Michigan's Administrative Procedures Act. The Commission also addressed other topics, including investment securities (Article 8 of the Uniform Commercial Code (UCC)), letters of credit (UCC Article 5), bulk transfers (UCC Article 6 ), and the Michigan borrowing statute.

Ohio-Lawmakers Work to Fund Education After Current System Ruled Unconstitutional
by Jim Kelly
The Ohio General Assembly continued to concentrate on responding to the March 24, 1997, decision of the state Supreme Court invalidating the current system for funding public schools (DeRolph v. State, 78 Ohio St. 3d 193). The Court gave the legislature one year to develop a new system that relied less on local property taxes, no longer required financially strapped school districts to borrow operating funds, and substantially increased state financial assistance for school buildings.

A new spending plan, in the guise of the FY 1999 education budget, emerged in January after months of meetings by various joint House-Senate committees. It passed on February 1 and the Governor signed it on February 13. The plan established a base cost of providing an adequate education, which the state guarantees each school district will receive in combined state and local funds in each of the next six fiscal years. The base cost was determined by analyzing the spending histories of school districts that had achieved a number of educational benchmarks. By FY 2004, the base cost guarantee grows more than $1,000 per pupil, or 27%, over the current guarantee of $3,663 per pupil. The plan additionally increases state payments for special education and gifted student programs, generally raises the supplements paid to school districts with higher concentrations of low-income families and higher costs of doing business, and increases the state portion of funding for pupil transportation. It funds a new School District Solvency Fund to comply with the court's prohibition against requiring school districts to assume debt to meet operating costs, and provides a state subsidy to assist districts that already have such debt in making interest payments.

The legislation ordered $100 million in across-the-board budget cuts to finance the plan in FY 1999. To assist in funding future years, the General Assembly considered a constitutional amendment to raise the sales tax by one cent, a proposal similar to one presented by the Governor last July. As with the Governor's proposal, the amendment fell short of the required supermajority. The General Assembly then enacted a bill, which required only a simple majority of each chamber, to place the tax increase on the May primary ballot. That ballot issue dedicates half of the new revenues to education and half to property tax relief for homeowners.

A lawsuit was filed on February 19 challenging this method of placing the tax increase on the ballot. At issue is the provision of Ohio's Constitution prohibiting the General Assembly from passing any statute, "except such as relates to public schools, . . . to take effect upon the approval of any other authority."

Accompanying the sales tax question on the May ballot will be a proposed constitutional amendment allowing the state to issue general obligation bonds for school building projects. In 1997, the General Assembly authorized up to $300 million in bond proceeds for state assistance for school district capital projects. This is in addition to $420 million in year-end surplus revenue from FY 1997 and FY 1998 that the General Assembly redirected from state income tax cuts to school building assistance. The bond issue will be on the ballot no matter what the courts decide on the sales tax proposal.

Wisconsin-Special Session May Depend on Special Election to Fill Vacant Senate Seat
by Peter Cannon
The governor's 1998-99 budget adjustment bill was introduced in both houses of the legislature at the beginning of February through identical proposals, Senate Bill 436 and Assembly Bill 768. It is being considered by the Joint Committee on Finance currently and will be a main focus of attention for the remainder of the last general floorperiod of the 1997-1999 session which runs through March 26. With a few possible exceptions, all bills that have not passed both houses on March 26 will die. The last regularly scheduled floorperiod on April 28-30 is limited to consideration of vetoes and technical corrections.

The legislature can call itself back into extraordinary session or the governor can call a special session. There has been discussion of both occurring depending on whether initiatives such as "truth in sentencing" and campaign finance reform pass during the regular session and depending on which party controls the senate after a special election to fill a vacant seat. Party control of the senate is currently deadlocked at 16-16. The Senate and Assembly began Internet broadcast of live floor debate at the end of January. Meetings of the Joint Committee on Finance are also being broadcast live.

South Central Regional News
Coordinator: Willa Black Sanders, Arkansas

Arkansas-Strengthening State Ethics Laws
by Donna Davis
Subcommittees of the Senate and House Interim Committees on State Agencies and Governmental Affairs recommended legislation to the full committees to strengthen ethics laws in the state. The legislation proposes an act to regulate state employment of constitutional officers and their spouses, and it establishes procedures to be followed by the constitutional officers and their spouses when entering into grants, contracts, or leases with the state. The definition of constitutional officers includes the General Assembly. The committees sought the Governor's input and asked that he call a special session. To date, the Governor has not responded to the committees' request.

Arkansas-Leadership Academy Promotes Skills Building and Risk Taking Among Educators
by Tony R. Minicozzi, Jr.
The Arkansas Leadership Academy, created by Act 236 of 1991 as part of that state's school reform effort, is beginning to bear fruit and impact upon educational quality.

The Academy, based on the campus of the University of Arkansas in Fayetteville, represents a coalition of diverse stakeholders, which includes universities, professional associations, corporations, education cooperatives, private foundations, state education agencies and other governmental entities.

The purpose of the Arkansas Leadership Academy is to provide meaningful and intensive workshop experiences for educational leaders, school administrators, teachers, school board members and others to take back to their respective schools with the desired goal of improving teaching and learning.

To achieve its stated goals, the Academy acts as a clearinghouse for massive amounts of educational research data and "best practices in education models." Prominent consultants and trainers assist the Leadership Academy staff with each new class of workshop participants. Much of the Stephen R. Covey research findings from his remarkable book, The Seven Habits of Highly Successful People, are placed into an educational context.

The director of the Arkansas Leadership Academy since inception, is Dr. Beverly Reed, a well-respected and long-time Arkansas educator. At this writing, hundreds of Arkansas superintendents, principals, teachers, college faculty, education department officials, school board members, legislative staff and others, have participated in the workshop activities and have become revitalized and renewed. The future for education looks bright in Arkansas and the Leadership Academy is playing no small role in that endeavor.

Louisiana-New Integrated Computer System Links Research, Drafting, Committees, and Chambers
by Bryan Vincent
The Louisiana Legislature has recently signed a contract with Public Systems Associates, Inc. for the development of a fully integrated computer system supporting operations of the research and drafting staff, committee operations, desk staff, journal, and floor activities. Legislative staff expect that the development of a custom built system on a common foundation will make full coordination of all of its computing needs possible. To help insure success of this project, house staff leadership has facilitated the investment of countless staff hours in specifying the needs of the various offices and how these might be linked together. With respect to research and committee operations, a group of drafters (who are also committee staff in Louisiana) and secretaries have participated in this effort for the past several months.

Technically, a database, rather than a document oriented system such as a word processor, will provide the foundation for the computer system. The drafting portion, referred to as LIDS (Legislative Integrated Drafting System) by the drafters and secretaries, is analogous to a large master book, wherein a designated page contains all information regarding a single legislative instrument. After the initial insertion of a new page, which page is created by merely entering a legislative request into the system, anyone who adds or changes information regarding that instrument will be writing on that same page. Whether it be the instrument itself, reports of committee hearings, or the vote on final passage, all of this information is written on a single page. A document such as a bill is merely a collection of information from that page. In other words, information is extracted from the database and placed into documents rather than the current arrangement which requires information to be extracted from documents, often manually, and placed into other documents or other computer systems.

Staff has imagined numerous possible advantages of a single legislative computer system. One example is the Louisiana conference committee report: Presently such a report requires the drafter to engage in several time consuming tasks in addition to actually drafting the report; these include first finding out that the bill has "gone to conference," pulling the original bill jacket to obtain copies of the adopted amendments, logging on to another computer system to look up the names of the conferees, (names are presently entered into a separate database system at the time the appointments are made), and retyping the names of the conferees into a conventional word processing based format -heaven forbid, transpose a letter of a conferee's name. Staff have requested that under the new system the designated staff member automatically receive a computer generated notice of the conference committee report assignment, that the amendments be electronically "attached" to the assignment, and that all the components of the report which have been written on that instrument's page, such as the conferees names, will appear in the appropriate place when the report is printed.

PSA has proposed delivery of large portions of the new system, including research, drafting, and committee management pieces, by January, 1999.

Missouri-Litigation About Procedures Is Affecting the Legislative Process
by Darrell Jackson
The Missouri General Assembly's 1998 session began in early January. More bills than normal have been filed this year, with much of it dealing with tax reduction, health care, and crime, especially methamphetamine production, in which Missouri is a leader. Litigation about legislative procedures continues to affect the agenda. One suit challenges the way the General Assembly has handled concurrent resolutions from time immemorial, saying that concurrent resolutions with the force of law must be handled exactly like bills, even though the state constitution as interpreted by case law requires only presentation to the governor, but not other bill procedures. Supreme Court decisions continue to narrowly limit the subject and purpose of bills as they are amended through the legislative process. Policy research staff members find themselves called upon to do research and advise on matters of procedure more than in the past.

Oklahoma-Sentencing and Tax Cuts Top Legislative Agenda
by George Humphreys
The Oklahoma Legislature opened its session February 2 with many of the major issues from the 1997 session remaining high on the 1998 agenda. Concentrated animal feed operations (CAFOs) and truth-in-sentencing will be tough issues facing Oklahoma lawmakers even though major legislation on both issues was passed last year.

The governor appointed a water quality task force last spring which came back with many recommendations designed to address pollution problems associated with CAFOs. As a result, a legislative task force is working on legislation and the leadership in the House proposed a one-year moratorium on expansion of large poultry and swine operations.

Truth-in-sentencing legislation enacted last session scheduled to be implemented July 1, 1998, drew heavy criticism from various law enforcement groups. Legislators are attempting to seek a consensus for legislation and appropriations in order to allay criticism of the reform.

Perhaps the most important issue for this session will be actions on tax cuts. The Governor's budget proposes to cut a number of taxes over several years, including the income tax, sales taxes on grocery items, and the inheritance tax. His proposal calls for the tax cuts to be phased in, with each phase being dependent on the availability of growth revenue in the state's general fund to pay for the tax cuts. The response to his proposals have been very mixed from the Legislature, since they could cost the state over 20% of its general fund.

Other items of interest are proposals by the Governor in his state of the state address to extend the Open Meetings and Open Records Acts to the Legislature. Two issues of particular interest to legislative staff are: 1) creation of an independent agency charged to conduct performance audits and 2) establishment of a chief information technology officer for state government.

Northern Plains Regional News
Coordinator: David Ortbahn, South Dakota

Iowa-Legislature Studies Human Services, Taxes, Crime and Agriculture
by John Pollak
Education and Community Initiatives-Committee work continues on bills for early childhood development efforts. Legislators are interested in expanding recent efforts for community groups to collaborate in providing programs. Following an extensive legislative interim study of the state's human services system, there is great interest in building community capacity for managing block grant funding in human services, education, and public health.

Tax Relief-House and Senate leaders have been discussing a tax relief package. Iowa has successfully funded reserve funds, implemented cash management practices, and provided for property, inheritance, and income tax relief in recent years. This year, options being discussed include reducing taxes on pensions, reducing taxes on Internet services, cutting the capital gains tax, increasing the standard deduction, and increasing credits for school expenses.

Crime Policy-Iowa has increased prison space over the last few years and projections for increased needs in the future have lawmakers concerned about sentencing practices. There was significant debate in committee about reinstituting the death penalty. Leadership recently concluded there are not sufficient votes this year for passage of a death penalty.

Agriculture-Regulation of large scale hog production continues to be controversial. One of the most significant problems involves application of statewide standards versus involvement of local governments in applying standards. A recent district court ruling supportive of some aspects of local involvement is being considered by the state supreme court. Meanwhile, legislative committees are considering options for providing county involvement in decisions for siting large hog lots. The state supreme court ruling is expected in late March.

North Dakota-Legislature to Hire an Information Technology Advisor
by John Olsrud
The North Dakota Legislative Council is interviewing candidates for a legislative information technology advisor, which is a new position and a new role for the legislative branch. The person hired will provide an independent voice to legislative leaders and legislative committees concerning the development of information technology for all of state government. Even in a small state such as North Dakota, state government is committed to spending hundreds of millions of dollars on information technology issues in the next few years. Although the executive branch has a centralized information technology coordinator in charge of legislative computer operations, the North Dakota Legislative Assembly passed a law in 1997 giving the Legislative Council considerable responsibility in helping the legislative branch play a key role in this vital area.

South Dakota-Legislative Agenda Includes Telecommunications, Tax Relief, Video Lottery
by Dave Ortbahn
The South Dakota Legislature is in the final days of its 1998 session. The Legislature is scheduled to recess on February 27 for a period of two weeks and return on Monday, March 16, for the final day of session. On that day, the Legislature will be addressing any vetoes the Governor might issue and finish any uncompleted legislative business.

Telecommunications taxation and deregulation, property tax relief, video lottery, and environmental concerns caused by livestock production have been the main topics of the 1998 South Dakota Legislature. Bills to deregulate local telephone service and to establish a gross receipt tax on telecommunications companies have received a lot of attention and probably won't be resolved until the final legislative day.

Regarding property tax relief, a bill has passed the Legislature to reduce property taxes in the state by five percent. This bill was introduced at the request of the Governor and received bipartisan support. Concerning video lottery, there were several bills introduced which would have repealed or restricted video lottery. All of those bills, after receiving considerable debate, failed and it looks like there will be a legislative study during the legislative interim to take a look at the effects of video lottery on the state and its citizens and at the effects of a possible repeal of video lottery. Finally, regarding environmental concerns caused by livestock production, it is likely that a bill to prohibit discharges associated with livestock operations and to establish an environmental livestock cleanup fund will be passed.

Mountain Regional News
Coordinator: David Hite, Colorado

Colorado-Pilot Program Provides Laptops for Legislators
by David Hite
Responding to increased interest in personal computers on the part of legislators, legislative leadership authorized a pilot program for which wireless laptop computers were leased for use by 30 of the 100 members of the General Assembly during the 1998 legislative session. The purpose of the pilot program is to evaluate the utility and practicality of equipping all legislators with wireless personal computers in 1999.

A Joint Legislative Computer Management Committee, a subcommittee of the legislative leadership, was formed to assist in the evaluation. To assure that the pilot program provides an accurate assessment of member usage patterns, guidelines have been established.

Participants in the pilot program were selected based on their agreement to meet the following criteria:
1. Personally access legislative information through their computers on a regular basis.
2. Participate in a post-pilot program survey, express their experiences via E-mail, and attend at least one meeting to provide input on their experience and identify future needs.
3. Not load additional software on to their assigned computers without first receiving approval from the Joint Legislative Computer Management Committee.

Party affiliation was honored based on the respective proportions represented by each party in each legislative chamber. Individuals were selected so that a broad spectrum of levels of computer experience would be captured.

The Colorado Legislative Council Staff contact on this project is Dan Chapman. He can be reached by phone at (303) 866-3521.

Idaho-Endowment Lands Fund Education
by Michael McConnell
Idaho public schools receive a large share of their funding from earnings from endowment lands granted to Idaho by the federal government. Still, schools need more money than the endowment lands and the state currently provide. Part of the problem is that the Idaho Supreme Court has interpreted state law governing the investment of endowment funds narrowly, limiting investments to conservative debt instruments, which has resulted in a very low return rate of approximately 3% a year.

In 1996, Idaho Governor Philip E. Batt appointed a committee to investigate the structure and management of endowment lands and endowment funds. The governor's committee submitted its final report in December, 1996. The report suggested ways in which the management of the public school endowment, as well as the eight other endowments, could be improved to increase their financial return to the endowment beneficiaries.

In 1997, the Idaho Legislature appointed an interim committee to study the conclusions of the governor's committee and to make recommendations to the Legislature. The interim committee has proposed a far reaching legislative package which would amend the Idaho Admission Bill, the Idaho Constitution, and Idaho statutes. In short, the amendments would: establish a land bank fund to make it easier for the State Board of Land Commissioners to buy and sell endowment land; establish an earnings reserve fund to provide a pool of money for investing and distributions, to absorb fluctuations of the investment market, and to enable the endowments to be self-supporting; remove antiquated investment restrictions; promote communication between the State Board of Land Commissioners and the Endowment Fund Investment Board by placing the latter within the former; and promote fiscal responsibility and productive management by requiring the State Board of Land Commissioners to report to the Legislature regarding the status and performance of all endowment assets.

Three of the four measures proposed by the interim committee are HJR 6, HJM 9, and HB 643. Another joint resolution is not yet numbered.

You can read the legislation and track its progress at the Idaho Legislature's web page at: http://www.state.id.us/legislat/legislat.html. If you have questions please call legal analyst Michael McConnell at the Idaho Legislative Services Office at (208) 334-2475.

Utah-Bar Codes Speed Legislative Bill Processing
by Connie Steffan
With an annual general session of only 45 days, the Utah Legislature is compelled to operate in an efficient and effective manner. The legislature and its staff have embraced new technology as a means of speeding bill processing and providing comprehensive and timely information to the public. Joseph Wade, a research analyst in the Office of Legislative Research and General Counsel, has been especially inventive and skillful in applying available technology to expedite the processing of bills. Two slick macros devised by Joe facilitate the preparation and processing of amendments and standing committee agendas.

The amendment macro places a bar code on each printed amendment. When a legislator is ready to move an amendment in the House of Representatives or Senate, the chief page scans the bar code. As the bar code is scanned, the amendment is transferred from a secure directory to a public directory. Legislators are then able to open the amendment on their laptop computers, and the amendment is sent out to the Internet.

The agenda macro incorporates pull-down menus so the committee analyst only needs to point and click and enter bill numbers to create the agenda. Once the agenda is finalized, the macro e-mails the agenda to committee members, bill sponsors, and drafting attorneys and posts the agenda on the Internet. The agenda information is also automatically entered in a Microsoft Access database for use in the creation of reports.

West Regional News
Coordinator: Anne Tweedt, Oregon

Nevada-Looking Forward to Hosting NCSL's 1998 Annual Meeting
by Bob Erickson
The members and staff of the Nevada Legislature cordially invite RACSS participants to attend this year's annual meeting of NCSL, which will be held in Las Vegas on July 20th through the 23rd. Following is some of the information concerning the Nevada Legislature that was developed for our NCSL '98 website (http://www.leg.state.nv.us/ncsl).

Nevada takes pride in its "citizen legislature," which is made up of 63 men and women who take time out of their jobs, businesses, and other activities to serve as members of the Senate and Assembly. Nearly two-thirds of the members of the Nevada Legislature are from Clark County (the Las Vegas area), which became the most populous county in the state in the 1950s. The Legislature is marked by occupational, economic, and ethnic diversity among its members, a high percentage of women (33 percent), and a viable two-party system. Currently, Republicans control the 21-member Senate and Democrats control the 42-member Assembly.

Carson City, with a population of just over 50,000, has always served as Nevada's capital, since formation of the Nevada Territory in 1861 and subsequent statehood in 1864. Carson City is located some 435 miles northwest of Las Vegas and 30 miles south of Reno. Since 1971, the Nevada Legislature has conducted its biennial sessions in the Legislative Building, which is located apart from the State Capitol. Very few states conduct their sessions in separate legislative buildings. The public is always welcome to visit the Legislative Building and the nearby State Capitol, which are open throughout the year on weekdays from 8 a.m. to 5 p.m.

Please browse through some of the other items on our home page for more information about our growing state, the exciting City of Las Vegas, and things to see and do while you are here.


Staff Changes In Legislative Staff Offices

Connecticut
Allan Green retired as the Director of the Office of Legislative Research. D'Ann Mazzocca is now Acting Director of the OLR.

Georgia
Joe Stanton has replaced Steven Hayes as Director of the Senate Research Office.

Indiana
John Rowings has been named Director of the Office of Bill Drafting and Research, replacing Michael Landwer, who has taken a position with the state. Philip Sachtleben is Acting Executive Director of the Legislative Services Agency, replacing Arden Chilcote.

Michigan
David Hansen has left as Director of the Senate Majority Policy Office to become Chief of Staff for Senate Majority Leader Richard Posthumus. His replacement has not yet been named.

Oklahoma
Jan Young has been named Director of the Senate Committee Staff Division, replacing Suzanne Broadbent.

New Hampshire
Richard Amidon is the Director of the Office of Legislative Services, replacing Don Hunter.

Tennessee
Richard McKinney has been named as the Director of the Office of Legislative Services, replacing Bud Gangwer. Brunswick Lowe is the new Director of the House Research Division.


RACSS Mailing List Project Update

Research directors recently received a memo from RACSS Chair Diane Bolender, asking for their help in updating the mailing lists used for the staff section. A copy of each state's current roster was included with the memo. The response was overwhelmingly successful, as updates were received by 45 states. As a result of the mailing list updates, RACSS membership now stands at 1,690, up from 1,235 members.

You can make updates to our mailing lists at any time, letting us know of new staff, changes in position, corrections or deletions. Please fax your changes to Jeanne Mejeur, at (303) 863-8003 or e-mail them to her at jeanne.mejeur@ncsl.org


RACSS Home Page On the Internet

RACSS has it own Home Page on NCSLnet, NCSL's Internet site. If you haven't already visited the site, the address is http://www.ncsl.org/programs/lis/racss/racsshmp.htm. The page contains links to RACSS information, including:

w professional development seminar
w officers and executive committees
w staff section bylaws
w meeting announcements
w programs presented (1983-1997)
w RACSS Directory
w RACSS Newsletters (1995-1998)
w Legislative Staff Achievement Award

RACSS maintains its Home Page on the public area of NCSL's web site. There is also a private area reserved only for legislators and legislative staff. To access the private area, click on the "Members Home Page" button on the main menu page of NCSLnet (ncsl.org) and follow the registration process to obtain a password. Should you have problems accessing the members-only site, please call Janet Randolph at NCSL, at (303) 364-7700, extension 169.


1998 Staff Section Meeting Dates

Legislative Staff Management Institute (LSMI)
August 3-14, 1998
Minneapolis, Minnesota

Skills Development Seminar (junior staff)
August 19-22, 1998
Burlington, Vermont

Senior Fiscal Analysts
September 3-5, 1998
Tucson, Arizona

Leadership Staff Section
September 16-19, 1998
Palm Coast, Florida

American Society of Legislative Clerks & Secretaries
September 18-23, 1998
Madison, Wisconsin

National Legislative Security & Services Association
September 22-27, 1998
Honolulu, Hawaii

National Legislative Program Evaluation Society
September 30-October 3, 1998
Sacramento, California

National Association of Legislative Information Technology
October 7-10, 1998
Baton Rouge, Louisiana

Research and Committee Staff Section and Legal Services Staff Section Joint Professional Development Seminar
October 8-10, 1998
St. Paul, Minnesota

Legislative Research Librarians Annual Training
October 15-17, 1998
Harrisburg, Pennsylvania

Senior Legislative Drafting
November 18-21, 1998
Williamsburg, Virginia

Denver Office: Tel: 303-364-7700 | Fax: 303-364-7800 | 7700 East First Place | Denver, CO 80230 | Map
Washington Office: Tel: 202-624-5400 | Fax: 202-737-1069 | 444 North Capitol Street, N.W., Suite 515 | Washington, D.C. 20001