RACSS Newsletter
Fall 1998
Table of Contents
Chair's Column:
1998-99 RACSS Officer and Executive Committee Profiles
1998 Senior Professional Development Seminar: The Best One Yet!
Scenes from the 1998 Annual Meeting in Las Vegas
1998 RACSS Legislative Staff Achievement Awards
ASI Update
RACSS Programs at the Fall Meeting of the Assembly on State Issues
Legislative Staff Coordinating Committee Update
Regional News
Research Staff Changes
Annual Meeting Schedule 2000-2006
 Return to RACSS Home Page
Chair's Column:
by Karl Aro
Executive Director, Maryland Department of Legislative Services
1998-1999 RACSS Chair
Greetings. It is an honor for me to serve as chair of your Research and Committee Staff Section, one of nine legislative staff section within the NCSL. The work of my predecessors has done much to invigorate our staff section, and I hope to continue and build upon their efforts. As many of you are aware, RACSS has a very diverse membership. Members serve in partisan and nonpartisan capacities, staff committees, or perform general research and conduct policy analysis. While staffing patterns vary among the states' legislatures, the need for dedicated, highly trained employees who can provide the decision makers with accurate information and analyses is universal. During the past few years, considerable effort has been made to involve more of you in staff section activities, both for your benefit and the benefits of the staff section, NCSL, and, ultimately, the legislative institution. It is my intention to continue, and hopefully build upon, those efforts.
Last year a network of regional coordinators and state and territorial contacts was established to facilitate inclusion in the newsletter about projects, issues, new legislation, and other legislative activities going on across the nation. I am pleased that this network of volunteers continues to operate and that this issue contains articles from more than thirty states. Special thanks goes to Diane Bolender for establishing and nurturing the network, as well as agreeing to serve as editor this year.
Kudos are also due all of the RACSS members, whether officers, past officers, or just plain members, for their continued and on-going efforts on behalf of the staff section. Thank you all.
This issue of the newsletter contains articles on several activities conducted by RACSS, as well as other activities that are currently underway in the Staff Division of NCSL. These articles include a review of our Senior Professional Development Seminar in St. Paul, Minnesota, plans for the establishment of an institute for health policy staff, and a summary of the current Legislative Staff Coordinating Committee task force activities.
The sessions at this year's annual meeting were well attended, especially the one that RACSS co-sponsored with Legal Services Staff Section, Leadership Staff Section, and the Legislative Research Librarians Staff Section. Additionally, the professional development seminar, cosponsored with the Legal Services Staff Section, featured an exciting program, which included Dr. Alan Rosenthal, noted expert on state legislatures, who discussed the need for legislatures to take an active role in educating the public as to the nature of representative democracy. The faculty also included Earl Hipp, President of Human Resource Development, who conducted a session on working skills for the next century, and Dr. John Bryson, of the Humphrey Institute, who discussed strategic planning and instructed attendees in the finer points of "snow card" technique.
Finally, there are many exciting changes planned for NCSL over the next year. As part of celebrating its 25th anniversary, NCSL is changing its look and reexamining its mission in order to meet the new century and remain the vibrant and pre-eminent organization of and for state legislators and legislative staff. These are times of change, dynamic times.
I encourage you to become more involved in NCSL; it is your professional association. Did you know that just being a legislative staffer automatically makes you a member of NCSL? In addition to being a reliable source of information on issues, NCSL has much to offer you professionally. In turn, NCSL needs your talents and energy. There are many ways to become involved, from checking out the NCSL home page, the RACSS home page, to taking part in seminars and other professional education opportunities, to becoming active in the governance of the organization. To paraphrase from an old film favorite, "this could be the beginning of a beautiful relationship."
1998-99 RACSS Officer and Executive Committee Profiles
Karl Aro is the Executive Director of the Maryland Department of Legislative Services, the staff management agency established by the 1997 reorganization of legislative staff services to the Maryland General Assembly. Prior to being selected as Executive Director, he served as the Deputy Director of the Research Division, a position he held since 1985. Karl began working for the Maryland General Assembly in 1979 and has served as the key staff person for redistricting and reapportionment. He has also been responsible for providing oversight of health care regulation and policy and worker's compensation and has provided staff support to special joint committees, standing committees and subcommittees. Prior to joining the Legislature, Karl work for the government of Prince George's County and for the American Public Health Association. Mr. Aro holds a B.A. in government from Monmouth College and an M.A. in government and public administration and A.B.D. in policy sciences, both from the University of Maryland. Karl served as RACSS Vice-chair for 1997-98, as the chair of the planning committee for the 1997 Senior Professional Development Seminar, and as a planning committee member for the 1998 seminar.
Robert Erickson is the Research Director for the Legislative Counsel Bureau in Nevada, and has worked for the legislature since 1979, becoming Director in 1984. He was a founding member of the Research and Committee Staff Section in the early 1980s, and was a member of the RACSS Executive Committee in 1988, 1989 and 1997-98. He has actively participated in RACSS activities through the years, worked with the NCSL Reapportionment Task Force, and served as a speaker at many NCSL meetings. Bob was a member of the 1998 RACSS Annual Meeting Planning Committee and served as the moderator for the RACSS program on Nevada's political history. He served as the chair of the 1998 RACSS Staff Achievement Awards Selection Committee and serves as the State Contact for Nevada for the RACSS Newsletter. Bob is a 1992 graduate of the Legislative Staff Management Institute.
Diane Bolender currently serves as Director of the Iowa Legislative Service Bureau and has served in that capacity since 1989. Prior to that she held various positions in the Legislative Service Bureau for twenty years, including Deputy Director and Research Division Chief. She has been active in NCSL activities for many years, serving as a member of the NCSL Executive Committee from 1990 until 1992, and during 1994, and as a member of the Legislative Staff Coordinating Committee from 1990 through 1994. She has served as the Staff Vice Chair and Staff Chair of the Assembly on State Issues and as both a member and chair of the NCSL Staff Nominating Committee. Ms. Bolender is a graduate of the Legislative Staff Management Institute.
David Ortbahn is a Principal Research Analyst for the South Dakota Legislative Research Council and has served as a research analyst for the Legislature for the past 18 years. David has attended many RACSS programs, including the Skills Development Seminar and Senior Professional Development Seminar. He is a Regional Coordinator for the RACSS Newsletter and was a member of the 1998 RACSS Annual Meeting Planning Committee. He is a graduate of the Legislative Staff Management Institute.
David Sallach has worked for the New Jersey Office of Legislative Services since 1977, serving as committee staff for local government, law enforcement, public safety, policy, rules and regulatory oversight committees. He helped organize orientation sessions for the Council of Academic Policy Advisors, which was established by the New Jersey Legislature to make the academic research of New Jersey's colleges and universities more widely available to the Legislature. David currently serves as a Regional Coordinator for the RACSS Newsletter and was a member of the 1998 RACSS Annual Meeting Planning Committee. He helped plan the RACSS session on generational staffing issues and served as the moderator.
1998 Senior Professional Development Seminar: The Best One Yet!
The fifth RACSS professional development seminar for senior staff was held at the St. Paul Hotel in St. Paul, Minnesota on October 8 through 10. This year's seminar, which was conducted jointly with the Legal Services Staff Section, attracted over 120 registrants from 34 states. Based on the evaluations received from the attendees, it ranked among the best seminars conducted by the two staff sections.
The program included sessions on ethical challenges facing staff, developing working skills for the next century, effective writing for legislatures, coping with legislative crises, and the role of the legislature in civic education. Additionally, workshops were offered in statutory construction and the effective use of statistics and graphics. Attendees also toured the facilities of West Publishing and the Minnesota Capitol complex, where they received an overview of legislative staffing organization and responsibilities and a State Capitol tour.
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Speaker Earl Hipp discusses working skills for the next century with staff at the Senior Professional Development Seminar in St. Paul, MN. |
Working on the Fault Line: Skills for the New World of Work
Earl Hipp, President of Human Resource Development, Inc., provided a very entertaining session designed to help attendees cope with the rapidity of change in today's workplace. How we've always done it here is a major barrier to success for both individuals and organizations in a rapidly changing world. He described five rules, or lessons, to be learned in order to adapt effectively to the increasingly rapid changes faced by legislative staff in today's world.
Five Rules for Adapting to Change:
w The old bar or standards won't get you there.
w You will want to cling to the old ways (resistance, inertia, feelings).
w There are costs for holding on (unable to plan, inflexibility, loss of credibility, living with fear). You risk becoming frozen in time.
w You must reach for the future. Take comfort in ambiguity and continually alter your form to stay relevant, embrace creativity, don't be afraid to affirm failure, utilize the potential of all, encourage role flexibility and continuous learning, develop relational skills and cross functional skills, open communication, and provide collaboration.
w Push through your fears in order to avoid the costs of denial and to achieve increased employability and productivity.
Ethical Challenges for Legislative Staff
Bruce Feustel, program manager with the Legislative Management program at NCSL, moderated a combined panel discussion and round table discussion on ethical dilemmas faced by legislative staff. Mr. Feustel provided background information about the Model Code of Conduct for Legislative Staff which was developed by legislative staff of the Legislative Staff Coordinating Committee over a two-year period. The Model Code states that the general principles of conduct for legislative staff are that they are public servants, loyal to the legislative branch, and are trustworthy. The obligations of legislative staff members to legislators are that they be honest, discrete, candid, objective, competent, diligent, and fair. The obligations of legislative staff members to each other are that they are respectful and supportive of each other. They must be courteous and law-abiding to the public. Twelve hypothetical, yet reality based, situations were discussed by participants in small groups and the results shared with the entire body. This served as an icebreaker for the seminar participants. It also provided opportunities for thought-provoking discussions about ethical dilemmas and legislative service including discussions about different legislative cultures. A panel of legislative staff helped facilitate the discussion and presented perspectives on the ethics case studies. Panelists were Mary Janicki of Connecticut, Karl Aro of Maryland, Alice Boler Ackerman of Colorado, and Tina Yacker of Wisconsin.
Effective Writing for the Legislature
A perennial favorite, this year's writing session was conducted by Stan Stenersen of the U.S. General Accounting Office. Mr. Stenersen led the group through several exercises and used clips from two Hollywood films to underscore his points. He noted that writers tend to write in a "writer-based" way instead of writing for the reader and the reader's memory. Readers rely primarily on short term memory; writers use long term memory. Readers seek to "chunk" information in order to organize it. If you can't "chunk" the information you read, you (the reader) won't get it. He stressed that the trick to good writing is to write using the short term memory part of our brains.
Mr. Stenersen presented several organizing strategies. The first is to create a frame that prepares the reader to assimilate information. This strategy requires a clear title for the document, followed by an introduction or summary of the document, and then a clear controlling purpose for each subsequent paragraph. A second strategy is through the process which he calls message mapping. In message mapping, the writer determines the main message to be conveyed. The writer then determines the key points to the message and the data to be used for each key point. For every document no matter which organizing strategy is used, the writer needs to leave time for revision, determining how to make the ideas clearer and more concise.
Mr. Stenersen's three basic lessons were: People pay more attention to what they read first (the primacy effect). The first sentence of each paragraph is the most important. The second lesson is to avoid overload, remembering that the reader can only absorb about 5 different items in a single sentence. The third lesson is that the various ideas must be connected with one another in top-down manner; begin with the conclusion and work toward the details. And of course, the fourth rule: Break any rule if you have a good reason to break it.
Minnesota Legislative Staff Services and Capitol Tour
The legislative staff were welcomed by Ed Burdick, Chief Clerk of the Minnesota House of Representatives.
Paul Marinac, Deputy Revisor of Statutes, stated that his nonpartisan office provides bill drafting services, Code revision services, and administrative rule drafting services. The office reports on appellate court decisions where the court has found statutory defects. The office's services are provided for all members of the Minnesota Legislatures, constitutional officers, and executive offices. Their work is confidential. During the last biennium, the office received about 6,700 requests for bills.
JoAnne Sellner, Director of the Senate Counsel and Research Staff, stated that her office provides staffing services and bill drafting services to 13 policy committees, 10 budget divisions, and 4 tax and budget committees. The attorneys and analysts work closely with the Senate committees during the legislative session and during the interim. Their work is confidential.
Mark Shepherd, representing the House Research Office, stated that his office has a mixture of lawyers, economists, and specialists. The office helps legislators to have the information they need to make decisions, provides drafting services to implement decisions, and provides legal services to the House of Representatives as a business institution. Current issues faced by the office include adapting to changes in technology, being helpful and yet nonpartisan, and providing needed legal services such as providing employment law advice.
Gloria Gunville, Senate DFL Majority Caucus, stated that her office provides research and media services for the DFL senators. The office provides constituent services and responds to letters and e-mail messages. The office prepares background memos on important issues It provides issues research, compiling reports and briefings on bills and summarizing the key points of important issues. The office provides media services by setting up news conferences and serving as a liaison to the Capitol press room.
Tom Hanson, Director of the House Republican Minority Caucus, stated that his office provides services for the Republican House members. The goal is to become the majority party. During the legislative session, the office writes summaries of bills to be debated in committee or on the floor, and provides pros and cons as well as an analysis of the politics of the bills, and writes critical questions relating to the bills. Post-session, the office summarizes the debate of bills and amendments and prepares an abstract of the votes. Pre-session, the office determines what its priorities should be.
Use of Statistics and Graphics
Roger Brooks and Jan Sandberg from the Minnesota Office of the Legislative Auditor, provided helpful advice about the use of statistics and graphs in presentations and reports. Mr. Brooks stated that a good graphic should convey important complex information in a clear straightforward fashion with a minimum of "noise." Noise is also known as chart junk which is unnecessary clip art. Graphics add emphasis and visual relief to the major points of a presentation or paper. Mr. Brooks suggested that legislative staff should use graphics when they are needed and when they add to a presentation. He also suggested that the creator of graphics should be sure that the sizes of the graphics are not distorted, that labeling is clear, that the graphics are self-explanatory and pleasant to look at.
Ms. Sandberg indicated that charts, maps, and other figures present detailed information or show data from a different perspective than is possible in tables or in the text. She advised against using tables in presentations.
Statutory Construction
Philip P. Frickey, Professor of Law at the University of Minnesota, spoke on current controversies in statutory interpretation. Mr. Frickey addressed statutory interpretation from a historical perspective by explaining the three English approaches to statutory interpretation, the development of American eclecticism in statutory interpretation, the effect of the arrival of Justice Scalia on the Supreme Court, and the development of canons of statutory interpretation.
English law provided a basis for the development of American law on statutory interpretation with the following approaches: the mischief rule; the "golden" rule; and the literal rule. The mischief rule looks at what the mischief or defect was that was meant to be addressed by the statute. The "golden" rule provides an absurd result exception to a plain language interpretation of the statute. The literal rule calls for a plain language interpretation of the statute.
American courts at the turn of the century used several canons of statutory interpretation to interpret statutes, often intermingling the canons to arrive at a "just" result. The canons included the mischief rule, the "golden" rule, an examination of the legislative history, and a determination that the purpose of a statute should be rational and consistent with the overall fabric of law unless a contrary intent is shown. Later courts adopted different canons of statutory interpretation, including using a "purpose approach" to give a statute something other than its plain meaning and using the absurd result exception to plain language interpretation.
Courts have struggled in developing an overall theory of statutory interpretation. After the arrival of Justice Antonin Scalia on the Supreme Court, the Court's approach to statutory interpretation gradually changed. The importance of the plain meaning of statutes increased, with continuing consideration of absurd results. Justice Scalia emphasized, in correcting a statute that produced absurd results, doing the "least violence to the text" of the statute. He also stressed avoiding inquiry into legislative intent and legislative history. According to Justice Scalia, statutes should be interpreted by first finding the ordinary meaning of the language in its textual context and then using established canons of construction to determine whether there is any clear indication that some permissible meaning other than the ordinary one applies.
Although Justice Scalia's opinions influenced the Supreme Court and other courts to place more emphasis on the plain meaning of statutes, courts continue to use an eclectic mix of approaches to statutory interpretation, including a reliance on various developed and developing canons of interpretation. (Thank you to Nicole Haatvedt, Legal Counsel, Iowa, for this summary.)
The Role of the Legislature in Civic Education
Alan Rosenthal, Professor of Public Policy and Political Science at the Eagleton Institute of Politics, Rutgers University, who has just published a book, Decline of Representative Democracy, discussed how to improve the citizen attitude about politics and political institutions, especially state legislatures. He believes that the responsibility for civic education is a part of the legislature's function. The views of the legislative process that should be imparted to citizens of a state are that state legislatures are functioning institutions, state legislators are listening to their constituents, state legislatures are dealing with tough issues in which every side is making a reasonable case.
Legislative staff discussed ways in which their own state legislatures are working to educate their citizens and a representative from each table reported to the group. Professor Rosenthal asked legislative staff to help their state legislatures to change the views of citizens about their state legislatures.
Seminar Evaluations
In order to help plan better programs for the future, participants are asked to fill out evaluations. Responses on the evaluations have been largely positive and the seminar received a 4.5 overall rating on a 5.0 scale. The writing, statutory construction and ethics programs were the highest rated individual sessions. Participants noted that in addition to the programs, the opportunity to meet staff from other states was one of the most valuable benefits of the conference.
Scenes from the 1998 Annual Meetingin Las Vegas
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Marilyn Cathcart discusses the Minnesota Legislative web site, while co-panelists Larry Barish (WI) and Bill Montgomery (DE) look on during the Managing Legislative Web Sites program, co-sponsored by RACSS and the Legislative Research Librarians Staff Section.. |
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Bob Erickson (NV) introduces Guy Rocha and Hal Rothman, speakers for the RACSS program on Nevada's Political History. |
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Checking out information at registration. |
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1998 RACSS Chair Diane Bolender presides over the RACSS Business Meeting. |
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RACSS members enjoy an evening together at the annual Dutch Treat Dinner. |
1998 RACSS Legislative Staff Achievement Awards
The Research and Committee Staff Section Executive Committee selected Larry Barish, Wisconsin, and Allan Green, Connecticut, as the recipients of the 1998 RACSS Legislative Staff Achievement Awards. Each of the nine staff sections and the ASI Staff Chair may designate up to two awards annually for staff offices or individuals who have made outstanding contributions to state legislatures and to the staff section.
Mr. Barish and Mr. Green were honored at the Legislative Staff Luncheon and the RACSS Business meeting at the 1998 NCSL Annual Meeting in Las Vegas. The names of all Staff Achievement Awards recipients were displayed on the Legislative Staff Information Booth and they are also listed in the October/November issue of State Legislatures.
Recommendations for the awards were made by a Legislative Staff Achievement Awards Committee consisting of Bob Erickson, Nevada, Executive Committee member, who served as Chair, and Terry Anderson, South Dakota, and Joyce Honaker, Kentucky. The committee solicited nominations, agreed upon criteria, and made recommendations to the RACSS Executive Committee.
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Diane Bolender presents the 1998 Legislative Staff Achievement Award to Larry Barish at the NCSL Annual Meeting in Las Vegas. |
Larry Barish
Director
Reference and Library Services
Legislative Reference Bureau, Wisconsin
Larry Barish has been an integral part of the Research and Committee Staff Section (RACSS) and of outstanding service to RACSS, NCSL and the Wisconsin Legislature. Larry served two terms as the chair of RACSS, and has served as vice-chair for the staff section and as a member of its Executive Committee for several years. In these capacities of leadership for RACSS, Larry oversaw a major revision of the staff section's bylaws, and established and nurtured development of the RACSS Home Page on NCSL's web site. Larry planned the very successful 1996 RACSS Professional Development Seminar, a first effort on the part of RACSS to co-sponsor this event with another staff section, and has planned, moderated or served as faculty for numerous programs for RACSS and NCSL. He had a great influence in the development and enhancement of the RACSS Newsletter, from format to authors to articles. Larry represented RACSS for three years on the Legislative Staff Coordinating Committee. Throughout his tenure in a leadership position with RACSS, Larry emphasized involvement and communication, and fostered an atmosphere of openness and inclusion to encourage greater participation in the staff section.
On his home ground in Madison, Larry began his career with the Wisconsin Legislative Reference Bureau in 1971. He was promoted to his current position as Director of Reference and Library Services in 1986. In addition to his work in research and information services, he has been very much involved in the areas of training, reapportionment, use of technology, publishing and management. Larry serves as the Editor of the Wisconsin Blue Book, a 1,000-page almanac of Wisconsin government, and many other publications for the Legislature. He serves as the chairman of an interagency group overseeing the development and use of the Wisconsin legislative web site.
Larry Barish demonstrates a extraordinary commitment to and an understanding of the legislative institution, and to the role of staff in supporting and protecting the legislative institution. A graduate of the Legislative Staff Management Institute, he has advocated the value of professional development for staff throughout his career and strongly supports legislative staff involvement in RACSS and NCSL. He is a man of great personal integrity, energy and commitment, who has made a difference for RACSS and NCSL, and for the Wisconsin Legislature which he so ably serves.
It is the great pleasure of the Research and Committee Staff Section to present to Larry Barish the 1998 Legislative Staff Achievement Award.
Allan Green
Director (retired
Office of Legislative Research, Connecticut
Allan Green has been an invaluable resource to the Research and Committee Staff Section (RACSS) and of extraordinary service to RACSS, NCSL and the state legislatures he has served throughout his career. Allan worked tirelessly for NCSL and specifically for the Research and Committee Staff Section. His contributions included membership on the NCSL Executive Committee and the Legislative Staff Coordinating Committee. For RACSS, he was a driving force in the establishment and growth of the staff section, serving both as chairperson and as a member of the staff 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. He helped plan and acted as moderator or panelist at countless NCSL and RACSS sponsored programs. Allan always made a special effort to promote participation in RACSS and its organizational leadership. As a man of great judgement and integrity, he has served as a mentor to many others within the staff section.
Allan was the principal force behind the establishment in 1994 of a RACSS Professional Development Seminar for senior research staff, a seminar that has become the premier annual event of the staff section. 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. Contributing like no one else, he helped determine the character of the seminar and set the standard for those to follow over the years.
Allan recently retired from the directorship of the Connecticut Office of Legislative Research, a position he held from 1984 through 1997. Before serving the General Assembly in Connecticut, he applied his talents in three state legislatures. 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.
Finally, Allan did not limit the application of his skills to this country. Under the sponsorship of NCSL and other organizations, he instructed parliamentary staffs in emerging democracies in Africa and Eastern Europe, drawing on his vast skills and experience in state legislatures.
It is with great pleasure that the Research and Committee Staff Section presents the 1998 Legislative Staff Achievement Award to Allan Green.
ASI Update
Key Accomplishments of 1997-1998 Committees of the Assembly on State Issues
The Assembly on State Issues (ASI) is a major forum for the exchange of ideas and information among state legislatures. In 1997-1998, the eight committees and two task forces worked hard to develop communication and enhance information sharing on issues important to the states. Each committee and task force was co-chaired by a legislator and a legislative staffer and included legislators and staffers as members. The committees and task forces planned relevant and timely agendas for a fall meeting, a spring meeting, and the annual meeting in the summer as they studied and developed products in areas of concern to the states.
The following listing of 1997-1998 committees and task forces includes descriptions of their key accomplishments. As a part of their accomplishments, many of the committees developed work products that may be useful to you as a researcher or policy analyst in your state. If you are interested in receiving any of the information from a committee or task force, please contact the NCSL staffer listed:
Arts and Tourism Committee
w Created committee web page as part of a newly re-designed Economic and Cultural Development page.
w Surveyed members to identify topics for future meetings.
NCSL Staff: Laura Loyacono
Children, Families and Health Committee
w Provided one-page substantive summaries of sessions.
w Created committee web page.
w Distributed a book and information about state welfare reform.
NCSL Staff: Mary Fairchild
Communications and Information Policy Committee
w Developed two reports summarizing 1997 enactments on technology, information policy, the Internet, and telecommunications.
w Offered demonstrations of information technology regarding information privacy and computer conferencing.
w Continued enhancing the committee's web page.
w Provided brief committee meeting summaries and handouts.
w Created a Year 2000 page with links to relevant sources.
NCSL Staff: Jo Anne Bourquard
Criminal Justice Committee
w Provided summaries and previews of key committee programs using the on-line Criminal Justice Newsletter.
w Continued the on-line Criminal Justice Newsletter.
w Surveyed committee members on topics of interest.
NCSL Staff: Donna Lyons
Education Committee
w Developed 50-state summaries of state accountability and teacher policies.
w Provided a meeting summary packet, including highlights of sessions and handouts.
NCSL Staff: Julie Bell
Fiscal, Oversight and Intergovernmental Affairs Committee
w Created committee website.
w Provided agendas and summaries of committee activities, including lists of session handouts.
w Produced a draft report on state gambling activities.
NCSL Staff: Judy Zelio
Legislative Effectiveness Committee
w Provided meeting summaries on the committee's website.
w Produced an audiotape: How to be an Effective Committee Chair (sold via NCSL's marketing department).
w Wrote articles for State Legislatures based upon committee sessions.
w Developed a committee listserve.
NCSL Staff: Bruce Feustel
Science, Energy, and Environmental Resources Committee
w Expanded the electric utility restructuring checklist.
w Posted on the committee's web page sample laws passed as a result of the Clean Air Act and laws to implement environmental audits. The environmental audits information will be disseminated as a report.
NCSL Staff: Larry Morandi
Redistricting Task Force
w Developed report summarizing 1990's redistricting litigation.
w Created task force web page which contains electronic versions of task force publications and handouts from task force meetings.
w Co-sponsored with the U.S. Census Bureau a one-day workshop on census and redistricting.
w Developed Redistricting Law 2000 publication.
NCSL Staff: Tim Storey
Task Force on Economic Incentives
w Developed and disseminated report A Review of State Economic Development Policy.
NCSL Staff: Ron Snell
RACSS Programs at the Fall Meeting of the Assembly on State Issues
RACSS is planning two programs at the Fall ASI Meeting in Washington, D.C., December 9-11, 1998. Both are being co-sponsored with the Legal Services Staff Section. Members of either staff section are welcome to attend, along with any other interested participants at the ASI.
NPR: Covering Politics From the Perspective of National Public Radio
December 9, 1998 1:00 - 3:30 p.m.
On Wednesday afternoon, participants will take a tour of the headquarters of National Public Radio (NPR). NPR is recognized as one of the leading providers of political news coverage and commentary. Visit NPR and learn about how they cover politics and the important issues of the day and enjoy a tour of their studios.
Recent and Upcoming Supreme Court Cases: How Will They Affect the States?
Friday, December 11, 11:00 am - 12:30 p.m.
On Friday, December 11, Richard Ruda, Director of the State and Local Legal Center will present an overview of recent U.S. Supreme Court decisions affecting the states and a preview of cases on the Court's docket for the upcoming term. The session will qualify for CLE credits.
The ASI Meeting is featuring special briefings on a variety of issues throughout the day on Wednesday. Briefings include:
w TEA 21 and Transportation
w School Violence
w Countdown to 2000
In addition, all of the committees of the ASI and Assembly on Federal Issues (AFI) will be meeting and presenting programs on Thursday, December 10 and Friday, December 11. Everyone who is registered for the meeting is welcome to attend any of the programs and you do not need to be a member of any committee to attend their sessions. Committee topics include:
w Putting the Squeeze on the States: Effects of the Federal Balanced Budget
w Controlling Sex Offenders in the Community
w Substance Abuse and Welfare Reform: Practices with Promise
w Guaranteeing Rights to Crime Victims
w Patients Bill of Rights
w Child Support: Will State Be Left Holding the Bill?
w Competition in Telecommunications Markets
w Long Term Care: The Budget Buster
w Spending the Welfare Block Grant: Thinking Outside the Box
w Holding Juvenile Offenders Accountable
w State Sanctions in the Global Market
w Securing Permanence for Children-Meeting the Goals of the Adoption and Safe Families Act.
Legislative Staff Coordinating Committee Update
1998 LSCC Task Forces:
- Promoting and Developing Professionalism for Legislative Staff
- Promoting, Developing and Improving NCSL Services and Products
- Promoting Public Service and the Legislative Institution
- Planning and Designing a Legislature for the Future
The Legislative Staff Coordinating Committee (LSCC) is the coordinating body for the various 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, members of the NCSL Executive Committee, and members appointed at the discretion of the Staff Chair of NCSL. The LSCC meets several times a year in conjunction with meetings of the NCSL Executive Committee.
This year the Staff Chair, Tom Tedcastle of Florida, established four task forces comprised of members of the LSCC to meet during the year and bring recommendations to the LSCC at the Annual Meeting next summer. The following is a brief summary of the assignments given to the task forces and a report of the activities at the first task force meeting in Denver in October.
Promoting and Developing Professionalism for Legislative Staff
The first task force, charged with promoting and developing professionalism for legislative staff, is chaired by Bill Marx, Director of the Minnesota House Fiscal Office. This task force will be reviewing the various professional development opportunities provided for legislative staff including the seminars offered by the staff sections, the Legislative Staff Executives Seminar, and the Legislative Staff Management Institute offered annually at the Humphrey Institute at the University of Minnesota. One of the areas of focus for the Task Force is to recommend means by which staff who are unable to travel to meetings can be involved in staff section activities and other NCSL activities. The Task Force will coordinate the Legislative Staff Information Booth at the Annual Meeting in Indianapolis. The Task Force will also review the Trainer Data Base, established within the last year at the recommendation of the LSCC, that briefly describes the programs at various staff seminars and then rates the presenters. The Task Force will also be evaluating and making recommendations regarding the establishment of a legislative staff exchange program which would allow staff members to visit similar staff offices in other states.
Promoting, Developing and Improving NCSL Services and Products
The second task force, charged with promoting, developing and improving NCSL services and products, is chaired by Joyce Honaker, Committee Administrator from the Kentucky Legislative Service Commission. This task force is working with assistance from NCSL staff to complete the CD-ROM begun last year which introduces legislators and legislative staff to the programs and activities of NCSL. The Task Force is also working with NCSL staff in the redesign of the NCSL website and as a result of adoption of a motion by the LSCC will serve as the primary staff to review and assist in the project. Other staff, not on LSCC, will also have an opportunity to comment about the website redesign. The Task Force will also evaluate (together with the task force that is promoting and developing professionalism for legislative staff) responses from legislative staff personnel officers who last year began distributing brochures and other information about NCSL to new legislative employees. The Task Force will review the status and effectiveness of a strategic plan document prepared by the LSCC in 1996. They will also be looking at NCSL's clearinghouse function and will also look at ways to assist in the international program of NCSL.
Promoting Public Service and the Legislative Institution
The third task force, charged with promoting public service and the legislative institution, is chaired by Ramona Kenady, Oregon Chief Clerk of the House of Representatives. The Task Force is planning to develop proposals for the creation of a video which would focus on legislators as public servants. The video could be sent to states accompanied by additional information about how those states might add to the video and make it state specific. In addition, the Task Force plans to develop proposals for creation of a second video describing the responsibilities of members of society in a republic, using examples of citizens in newly-emerging countries who are willing to make many sacrifices for citizenship in a democracy. Partnerships with organizations such as the League of Women Voters and with various cable television channels will be explored. The Task Force will also look at options that might be developed on the Internet to assist social studies teachers and provide activities that would interest children in government activities. Finally, the Task Force will review previous activities of NCSL regarding citizen education and make recommendations for republishing or updating them.
Planning and Designing a Legislature for the Future
The fourth task force, charged with planning and designing a legislature for the future, is chaired by Max Arinder, Director of the Mississippi Joint Committee on Performance Evaluation and Expenditure Review. This task force, which will be a two-year task force, will focus on environmental scanning and strategic planning in order to focus on the future. The Task Force will look at the immediate environment and the probable environment. The first year the Task Force intends to identify the issues. It is hoped that as a result of the Task Force work, focusing on the future will become a part of the thinking of legislative staff.
Some of the Task Forces will hold additional meetings at the joint Assembly on State Issues/Assembly on Federal Issues meeting in December in Washington, D.C. The LSCC will next meet in New Orleans in January, 1999.
Regional News
More than thirty states have contributed news articles for this edition of the RACSS Newsletter. Special thanks to Diane Bolender and our regional coordinators, for a great job in collecting the news!!
These are the stories you'll find in this edition of the Regional News:
Alabama-Preparing for New Member Training
Arizona-Senate Staff Update
Arkansas-Task Force on School Improvement
California-Initial Impact of Term Limits
Colorado-November Ballot Issues
Connecticut-OLR Mission Statement, Goals
Iowa-Interim, Internet, Upcoming Publications
Kansas-Study Committees Established
Kentucky-WLRC Works Kentucky's Airwaves
Louisiana-House Begins Strategic Planning
Maryland-Updating Sexual Harassment Policy
Michigan-New Member Orientation
Minnesota-Workforce of the 21st Century
Mississippi-New Code Publisher Selected
Missouri-Staff Prepare for New Members
Nebraska-Impact of "Tax Lid" Initiative
Nevada-Juvenile Crime on Legislative Agenda
New Jersey- Gun Control; Child Care
New Mexico-Legislative Leaders Hire Staff
New York-Preview of the 1999 Session
Ohio-Education Funding Utility Deregulation
Oklahoma-Staff Changes and Staff Offices
Oregon-First Impact of Term Limits
Pennsylvania-Keystone Opportunity Act
South Dakota-New Member Orientation
Tennessee-Responding to School Violence
Utah-New Method of Presenting Amendments
Virginia-Continuing Legal Education for Staff
Washington-Curbing Internet E-Mail Abuse
Wisconsin-LRB Welcomes New Chief
New England Region
Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont
Coordinator: Cora Chua
Connecticut-OLR Updates Its Mission Statement, Goals and Staff Performance Measures
by Mary Janicki
The Connecticut Office of Legislative Research (OLR) has spent the interim working on projects designed to improve office performance and its services to legislators. In conjunction with the development of the next biennial budget, staff compiled and updated the office's mission statement, objectives, and performance measures. We collected historical data on services we provide to the legislature.
And we developed additional measures that we began to use in the new fiscal year (like personal, e-mail, and telephone contacts with legislators and their staffs to answer inquiries that don't result in written reports). That exercise led to the development of the first ever OLR Annual Report, which we sent to all legislators, highlighting the office's various services and accomplishments.
Staff members are working in groups on other projects like modifying and updating the format for OLR reports, revising the performance appraisal instruments used for researcher and support staff evaluations, emphasizing "plain English" writing skills, monitoring issues expected to be prominent in the upcoming legislative session, and providing training in the legislative process for support staff.
The office is working with its drafting and fiscal counterparts and the Information Technology Services division to develop a more easily readable format for bills, amendments, fiscal notes, and bill analyses. Finally, OLR will play an important role in presenting the biennial issues conference for legislators in December.
Mid-Atlantic Region
Delaware, Maryland, New Jersey, New York, Pennsylvania, Virginia, West Virginia
Coordinator: David Sallach
Maryland-DLS Rewrites its Sexual Harassment Policy in Light of Recent Supreme Court Decisions
by Lynne Porter
Reorganization of a major governmental agency often prompts taking a second look at the way one conducts business. The now year-old reorganization of the Maryland Department of Legislative Services has not escaped this kind of scrutiny of its administrative practices and policies. Among these has been revision of the Department's personnel guidelines, its employees' handbook, and salary guidelines.
Attention has now been focused on revision of the Department's sexual harassment policy. This past summer's U.S. Supreme Court decisions served as the impetus for this undertaking. The past few months have been spent with legal and administrative staff from the DLS and legal staff from the Attorney General's office revising the Department's policy. Central to this revision effort has been an emphasis on ensuring that the new policy reflects the Department's zero tolerance position with respect to sexual harassment.
The two Supreme Court decisions have now clarified an employer's liability for the sexual harassment of one employee by a supervisory employee and have placed same-sex harassment under the ambit of Title VII of the Civil Rights Act of 1964.
An earlier decision by the Court, Meritor Sav. Bank, FSB v. Vinson, 106 S. Ct. 2399 (1986), determined that sexual harassment was a form of employment discrimination actionable under Title VII and set into motion a series of decisions where the Supreme Court and lower federal courts concentrated on defining behavior that constitutes sexual harassment. Two classifications of sexual harassment were crafted by these subsequent decisions: "quid pro quo" and "hostile work environment." While in quid pro quo cases, courts were fairly consistent in holding employers strictly liable for their agents' conduct where the employee suffered a "job-related injury" as a result of resisting the supervisor's demands, they were less consistent in hostile work environment cases. In some of these cases, employers were deemed responsible if supervisors were acting within the scope of their employment in committing acts of harassment while others found liability only if high-level company officials "knew or should have known"(Faragher v. City of Boca Raton, No. 97-282 at *4). This inconsistency created policy problems for employers.
With Faragher v. City of Boca Raton, No. 97-282 and Burlington Industries Inc. v. Ellerth, No. 97-569, the Supreme Court rulings recognized the confusion in the way Title VII had been applied and have clarified employer liability in situations of sexual harassment. The two decisions have been hailed as a "win-win" for employers and employees alike in that they establish clearly defined rights and responsibilities for companies and their workers.
Essentially, both cases establish: (1) that employers are responsible for harassment engaged in by their supervisory employees (those with "immediate or successively higher authority over the employee); (2) that, when such harassment results in a "tangible employment action, such as discharge, demotion or undesirable reassignment," the employer's liability is absolute; and (3) that, when there has been no tangible action, an employer can assert an affirmative defense against liability if it can prove two things: "(a) that the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and (b) that the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer to avoid harm otherwise."
In our revision efforts, we have concentrated on establishing a definitive statement that reflects the Department's zero tolerance position with respect to sexual harassment and on positioning the Department to establish an affirmative defense in instances of sexual harassment. We have done so by establishing a clear and consistent procedure for reporting incidents or perceived incidents of sexual harassment. The policy encourages reporting of any and all such incidents or perceived incidents and assures that all reported incidents will be investigated. The policy affirms the intention of the Department to resolve sexual harassment issues and establishes appeal and grievance procedures.
The Department is planning to train all supervisory staff who, we believe, will be key to the success of our policy. Finally, we are planning to link dissemination of the policy to the already-established policy of signed acknowledgment by employees of receipt of the Department's personnel guidelines and employee's handbook.
A word of advice for those legislative agencies thinking about reviewing/revising their sexual harassment policies. Our agency's nonpartisan status presents a special dilemma for us as our employees interact/work for persons (e.g. legislators) who are not their employers. Throughout this process, we had to constantly remind ourselves that the Department is responsible for protecting the work environment for our employees. However, the dilemma that that poses for us is the lack of "control" that we have over legislators' behavior. It is questionable about the level of "control" that leadership exerts over its legislative members in this regard. However, we have made every effort to alert leadership that it may be in the best interest of the General Assembly that they too revise their policy so as to be in a position to assert an affirmative defense. We believe it is imperative that the legislative staffing agency work very closely with legislative leadership in establishing a legislative sexual harassment policy and mechanisms to coordinate reporting between the staff agency and the legislature it serves.
New Jersey-Members Consider Election Dates, Gun Control and Affordable Child Care
by John F. Kingston
Following a summer briefly interrupted by a rare summer voting session to deal with the financing of open space preservation and other matters, the New Jersey General Assembly has several issues on its fall agenda. Legislation to move the primary elections of 2000 from June to March was reported from committee in October and is in position for a floor vote. The one-time-only switch to March would apply to the presidential primary as well as to the primaries for every other office to be held in 2000. The Assembly passed a similar bill in 1994 that would have changed the date of the 1996 primary; the bill was reported from committee in the Senate but did not receive a floor vote in that house. In 1996, 47 states held their presidential primaries before New Jersey.
Also moving in the Assembly is a three-bill package aimed at promoting gun safety. The bills would create a sales tax exemption and a five-dollar instant rebate program to encourage the purchase of trigger locks, and would also exempt the purchase of firearm vaults from the sales tax. The bipartisan package, sponsored in part by Assembly Speaker Jack Collins, has received initial committee approval and is now before the Assembly Appropriations Committee for fiscal review.
Another legislative package designed to promote the availability of affordable child care has received final committee action in May of this year and is ready for consideration by the full Assembly. The package was developed through hearings of the Assembly Advisory Council on Women during the previous legislative session. The three-bill package includes enabling legislation and tax advantages to create two demonstration programs: one which creates incentives for small and medium sized businesses to form a child care consortium, and another which encourages the creation of child care centers using neighborhood resources and community organizations such as schools, churches and partnerships with local businesses and community leaders.
A series of Assembly committee hearings on restructuring the electric power and gas industries begins in late October, with legislation reflecting the Whitman Administration's proposal serving as the starting point for discussion. Legislative leaders expect final passage of the restructuring legislation by early 1999. Through legislation enacted in 1997, New Jersey has already revised the state's tax structure in anticipation of the transition to a competitive energy market, placing energy utilities and independent power producers on a level playing field.
New York-Preview of the 1999 Legislative Session
by Kathy Wise
Among the issues that will receive attention during the 1999 legislative session are those concerning:
w Reauthorization of the 1996 Health Care Reform Act, which replaced the state's financing mechanism for hospitals from one where the state established the reimbursement rates to negotiated rates. The Health Care Reform Act is scheduled to sunset December 31, 1999.
w Financing proposals for the state's Superfund.
w Potential changes to Child Health Plus, a program providing primary and preventative health insurance coverage to low-income children.
w Reform of New York's tort laws. The Trial Lawyers' Association will work to maintain the status quo while a coalition of over 500 associations, municipalities, farmers, and businesses will endeavor to secure enactment of reforms to lessen the costs associated with lawsuits.
w Hate crimes.
w Efforts to address dairy farmers' concerns about the milk prices they receive. Legislation authorizing New York to join the Northeast Dairy Compact failed to pass both houses during the 1997 and 1998 sessions.
w Proposals advocated by the state's Chief Judge concerning court restructuring and grand jury reform.
w Continuation of actions taken since 1995 to reduce taxes and spur economic development.
w Statutory enactment of: Joint Legislative Budget Conference Committees to negotiate the state's budget; reforms to the budgetary process to achieve an on-time budget; and a process to annual reduce the state's debt.
Pennsylvania-General Assembly Passes the Pennsylvania Keystone Opportunity Act
by Mike Gasbarre
With the General Assembly in election recess and not scheduled to return until November 9, little time is left remaining in the 1997-98 legislative session. The Legislature must adjourn sine die on November 30 and the House and Senate Leadership has indicated that each chamber will be in session only eight days in November. Reportedly on the agenda upon the Legislature's return to Harrisburg is Senate consideration of House Bill 1173, which would provide for a statewide Uniform Construction Code, and perhaps another attempt to enact some type of school voucher legislation which Governor Ridge apparently is seeking.
In a brief Fall session prior to recess, the General Assembly enacted legislation referred to as the "Pennsylvania Keystone Opportunity Act", which is intended to create 12 keystone opportunity zones throughout the Commonwealth to restore prosperity to areas of high economic distress characterized by high unemployment, low investment of new capital, inadequate housing, blighted conditions, and underutilized or abandoned industrial, commercial, and residential structures. The Act is to be administered by the Pennsylvania Department of Community and Economic Development. In addition, the Legislature also passed provisions to tighten lobbying restrictions and provide additional disclosure requirements for registered lobbyists.
Virginia-Continuing Legal Education for Legislative Legal and Research Staff
by E.M. Miller
It has been the long practice of the Virginia Division of Legislative Services to reimburse its lawyer employees for expenses incurred in taking mandatory continuing legal education courses. The only stipulation placed on this practice was that the staff take courses, if possible, related to their specific areas of experience and expertise. The expenditure was justified on the basis that the agency was getting direct benefit from the knowledge those employee lawyers gained from the training. This agency-provided benefit was not an inexpensive proposition with over twenty-three lawyers on the pay-roll and with MCLE programs averaging $150 per six hour class. Twelve annual hours of credit are required in Virginia to maintain an active license to practice law.
In an effort to reduce the costs associated with this program, several years ago the Division piloted its own CLE program that was presented approximately two months following the adjournment of the legislative session. The program addressed recent developments in the law. It was directed by a cast of some twelve Division lawyers and attendance was required of both attorney and research personnel. The Division's Director felt that all staff could benefit from getting an overview of the legislative session. The public was also invited and charged $60 for a six hour program that included lunch. Since the attorneys received CLE credit for both attendance and additional hours as presenters, the monetary savings to the Division was not inconsequential. Also, over one-hundred lobbyists and Richmond-area attorneys attended the program. It was characterized as "the best program, most credits and least expensive CLE deal around." Several members of the Virginia General Assembly attended the program. The program was even taken "on the road" and was presented in another region of the state. Although the staff had great fun, attendance at this program was poor.
After its third year, the program was reviewed by the Division staff at the request of the Director. It was concluded that considerable energy and effort went into producing the program and the monetary savings realized and other benefits realized through the program was not justifiable. We decided to look at other options.
For 1998, twelve Division staff were selected to each write a chapter on a pre-assigned Article of Virginia's Constitution. This was to be written in March and April with a formal presentation made to all other Division staff in June. The Virginia State Bar approved this program for seven hours of CLE credit with additional hours awarded to the various presenters. This program was also successful in that everyone got an excellent review of Virginia's Constitution. Also, we are binding the twelve written articles and sending the document to the General Assembly members for "bedtime reading" (it does get very heavy at times). In addition, at least one law publisher has expressed an interest in publishing the document as a treatise.
In conclusion, the CLE exercise has been fruitful. It is a great training tool, as well as, a means of providing mandatory credits for your staff without cost to your agency. Who better to teach the law, than those who write it.
South Region
Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee
Coordinator: Dianna McClure
Alabama-Preparing for New Member Training
by Jerry Bassett
Under the Alabama Constitution, all members of the Legislature serve four-year terms, which expire this year. All other elected state-wide offices, with the exception of Justices of the Supreme Court and Courts of Appeal who serve staggered terms, are also up for election. A major consequence of that fact is that attention is generally focused on the campaigns and not a lot of thought is given to drafting legislation and preparing for the session in 1999.
Staff is spending the interim working out the final glitches in the new computer system that was implemented for the 1998 regular session, wiring the House and Senate Chambers for the laptop computers that will be available to each member of the legislature during the upcoming 1999 regular session, preparing a three-day training program for the new members of the legislature who will be elected November 3 and take office the next day, and generally trying to stay out of any crossfire that may occur before the election.
Kentucky-WLRC Works Kentucky's Airwaves
by William A. Miller
Over the past three years, the Legislative Research Commission's (LRC) Public Information Office (PIO) has dramatically expanded its arsenal of educational services to assist legislators communicate their messages and to help inform the public about the legislative process. The PIO produces and distributes issues-based news actualities to local radio stations in lawmakers' home districts. Radio news directors are eager to air the actualities, especially in rural areas.
Generally, a radio spot can be produced and distributed the same day a newsworthy event occurs, thus providing a timely and immediate impact unmatched by the print media. Radio news actualities have proven to be one of the most effective ways to communicate directly with the folks back home. Over the past two legislative sessions, General Assembly members have taken advantage of this service. During the 1998 legislative session, well over 100 of Kentucky's 138 lawmakers used the PIO radio-production facilities.
Along with distributing news feeds by telephone and direct mailings, PIO maintains a toll-free news-line, featuring eight news actualities, that lets radio stations from around the state download news stories at any time. Additionally, we can offer news spots about the General Assembly and provide sound bites on specific legislative topics that may be of interest to the local stations.
Local radio stations, as well as legislators, have been enthusiastic to utilize this service. For example, during the 1998 session, the PIO produced well over 300 individual spots that resulted in more than 1,300 placements with local radio stations and over 1,100 calls were logged on the toll-free news-line.
This is truly an exciting period because the newly emerging technologies offer unique ways to distribute audio to both radio stations and end consumers. Before the next legislative session in 2000, the PIO will begin distributing actualities by e-mail and by placing them on the agency's web page for download.
Not only does the PIO work the airwaves, it also provides a wide panoply of services, ranging from preparing news releases, updating the legislative calendar and toll-free line, to developing videotapes on the legislative process and interviews with legislators, that are distributed statewide to the community access television stations. For more information, contact LRC's Public Information Office Director, Scott Payton, (502) 564-8100, or by mail at Room 25, Capitol Annex, Frankfort, KY 40601.
Mississippi-New Code Publisher Selected
by Ronald M. Frith
The State of Mississippi has a new publisher of the Mississippi Code of 1972 Annotated beginning as of October 1998, as a result of action taken by the Joint Legislative Committee on Compilation, Revision and Publication of Legislation at a recent meeting. The Mississippi Code had been published by Lawyers Cooperative Publishing for decades, but West Group was the publisher of the Code for the past two years after the merger between Lawyers Cooperative and West.
The new publisher of the Mississippi Code is LEXIS Law Publishing (formerly the Michie Company) of Charlottesville, Virginia. LEXIS currently publishes 35 annotated codes in 32 states and three territories, with 18 codes being published under contract. Under the new publishing contract with LEXIS, the prices for printed Code products will be about 52% lower than current prices for the state and about 26% lower than the current prices for the general public.
The joint committee, which was created in 1996, is responsible for contracting with a publisher of the Mississippi Code and overseeing the publication of the Code. Before the joint committee was established, the Legislature was not involved in the Code publishing process. The Attorney General and the Secretary of State jointly administered the publication of the Code until the expiration of the previous contract in September of this year. Selecting the publisher of the Code was the first major action taken by the joint committee since its creation. Because the joint committee and staff had never been involved in the process of choosing the Code publisher, the process was a difficult, interesting and educational experience for both committee members and staff.
Tennessee-General Assembly Responds to School Violence
by Brian Dauer
At the close of the historic 100th General Assembly, House Speaker Jimmy Naifeh, disturbed at the incidents of school violence that have occurred in the state of Tennessee and across the country, created an ad hoc committee to look into the issues of school violence, and to identify what actions can be taken to insure the safety and well being of Tennessee's children. At the Speaker's request, Speaker Pro Tempore Lois DeBerry (D-Memphis) is serving as Chair.
Since its inception, the Committee on School Violence has met five times to hear testimony on the issues. The Committee heard testimony from principals, teachers, and students directly affected by two of shootings here in Tennessee. The Department of Education testified as to what types of programs they currently have in place. The Committee listened carefully to the testimony of psychologists and psychiatrists who offered insights as to why kids kill and what may be some of the common characteristics of violence-prone children. Committee members discussed safety issues and prevention strategies with two nationally recognized safe-school experts. The Committee also invited a panel of students from across the state to help the legislators gain a better understanding of what is happening in the schools. Recently, the Committee on School Violence participated in open forums in Johnson City and Knoxville.
Great Lakes Region
Illinois, Indiana, Michigan, Ohio, Wisconsin
Coordinator: David Lovell
Michigan-Comprehensive Plans for Orientation of New Members
by Dianne Odrobina
We have been working hard to develop and implement effective methods of welcoming and orienting no less than 64 new representatives and 5 new senators. The House has already faced the reality of term limits while the Senate has one more four-year term before their first taste.
Here are some of our training/survival skills for this new era. The day after our General Election, we will send a video to new legislators explaining the Legislative Council and its Agencies; it will focus on the basics: how to request a bill draft, who to contact for research projects, etc. We have been invited to participate in a House video and a House Orientation program where we will provide new legislators with a Legislative Briefing Book and the Michigan Manual. Legislative Council Staff will conduct tours of the Capitol and will have a booth set up with information about our different services. Personal contact groups of Legislative Council staffers will visit new legislators and their staff to give a more personal presentation of services that may be of special interest to the legislator due to background and committee assignments. These groups will serve as ongoing resources for the new members and staff assigned to them.
Other Updates:
w Our legislative web site just celebrated its one year anniversary with 6.2 million hits. Check us out at michiganlegislature.org.
w The Michigan Sentencing Guidelines Commission's Report was delivered to the legislature on December 2, 1997. In 1998, the resulting legislation was passed by the House on June 16, by the Senate on July 2 and was signed into law by the governor on July 28.
Ohio-Education Funding and Electric Utility Deregulation Top Legislative Agenda
by Jennifer Ryser
The Ohio General Assembly has been faced with numerous issues this legislative session, but education funding and electric utility deregulation have remained at the forefront of legislative activity. A new formula for education funding was enacted earlier this year in response to a decision by the Ohio Supreme Court holding the existing funding scheme unconstitutional. The Court will probably be called on next year to consider the new formula. Four bills are pending in the current General Assembly regarding electric utility deregulation, but a final plan has not been formulated and the issue will almost certainly be considered in the next biennium.
Legislative Service Commission (LSC) staff recently completed several long-term research projects for the General Assembly; these reports include "Ohio Job Training and Workforce Development Programs," "Allocation of Motor Fuel Taxes to the Waterways Safety Fund," and "Travel and Tourism Funding."
LSC staff is also preparing for New Member Orientation, a program presented by the Commission to incoming members of the General Assembly to familiarize them with the policies, procedures, and issues that await them in the legislature. The Orientation program provides incoming legislators with information pertaining to the services available to them, including explanations of legislative publications; the technical structure of the Ohio Revised Code; the availability of LSC staffing assistance; and the LSC Library. New and current members also have the opportunity to gain an early perspective on the budget process in Ohio through a presentation by representatives of the Ohio Office of Budget and Management, Legislative Budget Office, and Legislative Service Commission.
New Member Orientation includes panel discussions and presentations on external factors affecting the legislative process. This year's program will include discussions with members of the media and lobbyist groups on the roles that these organizations play in the legislature. Veteran members of the Ohio General Assembly will take part in a discussion with new members to provide the insight that only experience can provide. Other presentations include key note speakers, oftentimes veteran members of the General Assembly as well as individuals who have served in previous General Assemblies; presentations by representatives of the National Conference of State Legislatures and the Council of State Governments; and a mock floor session. Legislative ethics law and the benefits and privileges available to members of the legislature are also presented.
New Member Orientation is being expanded to include three briefing sessions in January. These sessions are included to provide new legislators with a greater understanding of specific issues including the budget process, education funding, and electric utility deregulation.
Wisconsin-LRB Welcomes New Chief and Completes Session Summary
by Peter Cannon
Barring a special or extraordinary session, the Wisconsin Legislature has finished its work for the 1997-1998 session. The 1999 Legislature will convene on January 4, 1999. The Legislative Reference Bureau's "Summary of the 1997-98 Wisconsin Legislative Session" at http:// www.legis.state.wi.us/lrb/pubs/98rb1.pdf (in Adobe Acrobat format) provides a brief description of every act passed in the 1997-98 session. Detailed summaries of some of the more significant items passed in the concluded session can be found in Legislative Reference Bureau Budget Briefs and Legislative Briefs at http://www.legis.state.wi.us/lrb/pubs/index.html and in Informational Memoranda issued by the Legislative Council Staff at http://www.legis. state.wi.us/lc/enacts.html.
Fall Elections. All 99 state assembly seats and the 17 odd-numbered state senate seats will be up for election on November 3, 1998. There will be at least three new faces in the senate and 18 in the assembly because incumbents are not seeking reelection or were defeated in the primary. Of those leaving office, six are running for other offices, 13 have chosen to retire and one was defeated in the primary election. One assembly seat was already vacant. The governor, lieutenant governor, secretary of state, state treasurer and attorney general are running for reelection. U.S. Senator Russell Feingold faces U.S. Representative Mark Neumann in the senatorial race. Neumann's 1st District seat is vacant and Representative Scott Klug is retiring in the 2nd District. Incumbents are running for reelection in all the other 7 congressional districts. A complete list of candidates for the general election is available in on the Internet (in Adobe Acrobat format) at http://www.legis.state.wi.us/lrb/ pubs/98wb9.pdf.
Two proposals to amend the Wisconsin Constitution will appear as referendum questions on the November ballot. One would create a state constitutional right to bear arms. The other would extend the term of office of county sheriffs from two to four years. See the Legislative Reference Bureau's "Constitutional Amendments to be Considered by the Wisconsin Voters" (in Adobe Acrobat format) at http://www.legis.state. wi.us/lrb/pubs/98wb10.pdf for more information.
New LRB Chief Named. Stephen Miller has been appointed the new chief of the Legislative Reference Bureau and assumed his new duties June 16. He was formerly general counsel and controller of the Mississippi Joint Legislative Committee on Performance Evaluation and Expenditure Review.
South Central Region
Arkansas, Kansas, Louisiana, Missouri, Oklahoma, Texas
Coordinator: Willa Black Sanders
Arkansas-Special Task Force Outlines School Improvement Plan
by Tony Minicozzi
Act 1183 of 1997 established a legislative committee, the Excellence in Arkansas Public Education Task Force. The Task Force was charged with the following responsibilities:
w Explore strategies for improving K-12 public education in Arkansas;
w Involve the private sector as partners in public education throughout the state;
w Propose and recommend legislation for the 1999 Regular Session;
w Assess current efforts to improve public education in Arkansas; and
w Develop a coordinated master plan to improve public education in Arkansas.
The members of the Task Force reviewed information from a variety of sources and heard numerous presentations during their deliberations. To facilitate their work, the Task Force established four subcommittees, each of which worked with a liaison from the Arkansas Department of Education. As a result of their deliberations, the subcommittees made the following recommendations, which have been endorsed by the Task Force.
Accountability and Public Awareness Subcommittee
- Revise the current structure of the state's accountability system.
- Develop policies that encourage and promote parental and community involvement.
- Develop clear connections between the curriculum, assessment, professional development and accountability.
- Review the components of the state's assessment system.
- Develop a school level performance report for each public school in the state.
Improved School Climate/Environment Subcommittee
- Revise the state's process for inspecting school facilities.
- Revise the standards regarding class size and instructional aides.
- Improve training regarding classroom discipline and school safety.
Improved Student Achievement Subcommittee
- Develop a comprehensive, research-based evaluation system for all education programs.
- Provide high quality, locally developed alternative education programs.
- Use of courses in language and reading by colleges of education that are based on recognized instructional techniques that will result in a child being able to read at grade level no later than by the end of grade 4.
- Develop a school level recognition program for those schools which meet a defined standard of performance or show significant improvement toward meeting such a standard.
- Review curriculum frameworks for clarity and use by the schools.
- Review statutes related to the evaluation of certified school personnel.
- Review student performance in a timely manner and place those students identified as performing below grade level in appropriate instructional programs.
- Review the use of technology at all levels of the state's education system, especially at the classroom level, and develop a comprehensive, measurable program of action to incorporate technology in all facets of the state's educational system.
Improved Professional Development Subcommittee
- Revise teacher recruitment and training policies.
- Strengthen teacher preparation and licensure.
- Revise policies to retain beginning teachers.
- Improve policies concerning professional support and development.
- Incorporate peer review programs into the regulatory process.
In addition to the recommendations developed by the subcommittees, agreement was reached by the membership on the following topics:
w The Task Force is opposed to Proposed Constitutional Amendment 4 and urges its rejection by the voters of Arkansas.
w The Task Force recommends a comprehensive review of the programmatic and organizational structure of the state's preschool system.
w The Task Force recommends that the State Board of Education undertake a study of the current policy structure of the state's public education system.
w The Task Force recommends the creation of a blue ribbon panel to review and make recommendations for improvement of the state's teacher preparation programs.
Although the Task Force extensively discussed each of the topics listed below, its members were unable to reach agreement on any recommendations regarding these issues. The members of the Task Force urge the members of the House Interim Committee on Education and the Senate Interim Committee on Education to continue to discuss and develop policies regarding:
w Charter Schools
w Education Service Cooperatives
w Secondary Vocational Education Programs
The Task Force had the opportunity to review the work of the Workforce Development Commission and the Arkansas Safe Schools Committee. The Task Force commends these entities for their fine work and encourages anyone concerned with the state's system of public education to review the documents and recommendations that resulted from the deliberations of these groups.
For more information, contact Mark Hudson or Tony Minicozzi at the Arkansas Bureau of Legislative Research, (501) 682-1937.
Kansas-Legislative Compensation, Foster Care, and Privacy Issues Assigned for Study
by William G. Wolff
Among the many topics being studied by joint and special committees of the Kansas Legislature this interim are two concerned with the privatization of foster care and issues related to privacy. The topic of legislative compensation is being addressed by a new Commission on Legislative Compensation which will have an ongoing role in setting legislators' salaries.
Legislative Compensation Commission
Legislation enacted in 1998 added Kansas to the list of states that use some form of compensation commission in the process of setting legislators' salaries. Until 1962, compensation of legislators was fixed in the Kansas Constitution. Since then it has been set by statute.
The new law establishes a seven-member Compensation Commission, with one member each appointed by the President, Majority Leader, and Minority Leader of the Senate; the Speaker, Majority Leader, and Minority Leader of the House; and the Governor. The Governor's appointee chairs the Commission. No member of the Commission may be a registered lobbyist or a member of the Legislature within two years of appointment.
The Commission, which is charged to study the compensation, expense allowances, and reimbursement of members of the Legislature, must report its recommendations by December 1 of the even-numbered year. If implementation of the recommendations requires legislation, a bill to do so is introduced at the beginning of the next legislative session. According to the statute, the bill must be enacted by no later than February 1 of that year.
The new Commission will have completed its second meeting by the time this newsletter is published. One or two more meetings are anticipated. To date, the Commission has reviewed the pattern of legislative compensation among the states generally and has considered more detailed information about legislative operations in the surrounding states and in other similarly sized states, as measured by population and total state budget.
It will be interesting to see where this new approach leads. Contact Person: Ben Barrett
Privatization of Foster Care in Kansas
Kansas has moved towards instituting managed care and performance-based
contracting in foster care. The transfer of services began during the time period of January 1996 to February 1997, with the state privatizing the following components of its child welfare system: family preservation services; adoption; and foster care. Previously, all three had been provided directly by the Kansas Department of Social and Rehabilitation Services. The changes allowed the Department to concentrate on case intake, family services delivery, i.e., low-level preventive services, case management, and performance-based monitoring of services provision and providers.
The privatization is being closely monitored by the Legislative SRS Transition Oversight Committee comprised of six senators and six representatives. The Committee has held five days of hearings regarding foster care in two cities with testimony provided by 47 members of the public including foster parents, parents, grandparents, social workers, and foster children. Testimony also has been presented by all of the contractors. The Committee has toured facilities in different cities in the state.
To date, the Committee has found that rural Kansas is providing a disproportionate share of the foster parents and that the contractors are working to place the children as close as possible to the families. In addition, the transitional children, children in the system prior to privatization, are requiring additional services above those entering after privatization. These children are older; therefore, they remain in the system longer, driving up the cost of care. This fact was not adequately addressed during the contract negotiation. The Department has authorized $24.7 million TANF (Temporary Assistance for Needy Families) one-time funding for the increased cost of care for these 1,652 children.
The Committee report will be available from the Kansas Legislative Research Department prior to the 1999 Session. In addition, the Legislative Division of Post Audit currently is auditing the performance of the new foster care system. Its findings will be presented to the Committee in December and will be available from the Legislative Division of Post Audit. Contact Person: Kathie Sparks
Special Committee on Information Management
The Kansas Legislative Coordinating Council has created the Special Committee on Information Management. This Committee, made up of both House and Senate members, is to review various privacy of personal information issues affecting citizens of the state of Kansas.
The members of the Special Committee have heard from Robert Ellis Smith, the Editor and Publisher of the Privacy Journal, a nationally known expert on privacy issues. Mr. Smith reviewed selected state and federal legislation, both under consideration and enacted, in a variety of areas, including bank records; cable TV; computer crime; credit reporting; criminal justice information systems; electronic surveillance; employment records; employment testing; insurance; library records; mailing lists; school records; social security numbers; and telephone sales. Also, the members of the Committee have heard from two representatives of the National Conference of State Legislatures, one of whom reviewed recent changes in state legislation involving privacy issues. The other representative reviewed recent changes in state legislation in the areas of genetic testing and medical records.
The Committee is in the process of surveying state agencies to determine the type of personal information collected and the steps being taken to protect the information from misuse.
At later meetings, the Committee members will hear various presentations, including several with respect to the issue of medical records, genetic testing, and the collection of DNA information. The final report of the Committee will be available from the Kansas Legislative Research Department prior to the 1999 Session of the Legislature. Contact Person: Raney Gilliland.
Louisiana-House Begins Strategic Planning
by Anne Dunn
Soon after adjournment of the 1998 Regular Session, at the request of the Speaker, a group of Louisiana House staffers representing all staff units began a process to develop a strategic plan for the House of Representatives. The legislature has mandated a strategic planning process for executive branch departments and House standing committees began reviewing these executive branch plans during the regular session. This served as impetus for the initiation of the House strategic planning process in June. A final draft of a proposed strategic plan is to be submitted to the Speaker for his review prior to the end of the year.
Staffers agree that the process has been rewarding in itself, particularly in terms of improved staff communication and a greater awareness of the House as an institution. Drafts of a vision statement, mission statement, and a list of core values were completed early in the process. Next, the group undertook a review of current programs and services, the external environment, stakeholders and their expectations, and the culture, structure, personnel, and processes now in place. A SWOT analysis (strengths, weaknesses, opportunities, and threats) was the next step. Finally, a rough draft of goals, objectives, and preliminary suggestions for strategies was completed. Currently, a core group of the larger planning group is reviewing the rough draft of goals, objectives, and strategies and is refining it for review by the full planning group.
The plan in progress has a definite institutional focus. Staffers have discussed the need to strengthen the institution in the face of term limits and to develop an institutional consciousness in members and staff. Civic education has also been a focus. The preliminary statement of goals includes two general institutional goals and two more specific goals addressing major needs:
w The House of Representatives will be an institution that is respected and valued by its members, staff and the public.
w The House of Representatives will be recognized as a model legislative organization.
w The House of Representatives will communicate effectively both internally and externally.
w The House of Representatives will utilize and maintain facilities and state of the art technology to facilitate the operation of the institution to its maximum potential.
The staff had the assistance of an expert executive branch facilitator in the planning process, but information on strategic planning in other legislatures would have been beneficial. RACSS and other NCSL staff sections may want to examine ways to facilitate sharing of such information.
Missouri-Staff Conducts Interim Research and Prepares for New Members
by Darrell Jackson
Staffing the interim committees of the House occupies a great deal of staff time during the late summer and fall. This year there are committees studying the following: aging issues, chip mills, mental health insurance, small farms and value-added agriculture, solid waste, tax credits as an economic development tool, and telecommunications and energy services. Some of the major legislation in the 1999 session will doubtless come from the work of these interim committees.
The staff appears to have survived an invasion by new personal computers. Perhaps redecorated offices increased the survival rate. We are searching for two new legislative analysts.
In 1996 we had a larger role in the orientation of newly elected members, as the "Freshmen Tour" became less of a tour and more of a preparation for service as a legislator. We assisted in the training of new members in reading bills and amendments and in committee and floor procedures. We anticipate repeating the role in 1998, following November's election.
Oklahoma-Staff Changes and Staff Offices
by George Humphreys
The 1998 interim in Oklahoma has started slowly as many members are working hard towards reelection. Interim committees and studies will pick up soon after the November election.
One interim committee in which the legislative staff is particularly interested is studying implementation of performance budgeting in Oklahoma state government. House and Senate fiscal staff have pushed for performance budgeting during the last two administrations with disappointing results. A number of top staff from the two chambers accompanied the committee for a one-day meeting in Austin, Texas where staff from a number of legislative and executive agencies briefed us on performance budgeting and other advances in Texas.
A number of significant personnel changes have occurred in the State Senate over the past year. Connie Irby, a long time administrator at the Oklahoma Department of Commerce, is the Director of Senate Staff. Jan Young, a veteran with the Senate staff, has been promoted to Director of the Senate Committee Staff which provides staffing services to Senate standing committees.
Office space concerns are very high on the priority list for the Oklahoma House staff. Limited space in the Capitol caused House research, legal, and fiscal staff to be divided into cramped space in as many as three different office areas on two floors. Legislation enacted several years ago reallocated space in the Capitol Complex. In that legislation, the House staff was able to secure larger space in the Capitol so that by this time next year the staff will be officed together. In doing so, House members should achieve their long term goal for each member to have a private office.
House staff has been using the interim to "remodel" the web site for the Oklahoma House of Representatives. An interdivisional team is working with data processing staff to make the web site more useful to various constituent groups. Oklahoma residents, for example, will find it much easier to determine who their state representative is and how to contact the representative. A permanent user group may be one of the recommendations from the task force.
Northern Plains Region
Iowa, Minnesota, Nebraska, North Dakota, South Dakota
Coordinator: David Ortbahn
Iowa-Interim Studies, Internet Information, and Upcoming Publications
by John Pollak
Two-year studies of state and local taxation and of land use issues will be completed during the 1998 legislative interim. Both studies include public members and numerous subcommittee members. In addition, a Sentencing Commission consisting of legislators and representatives of the criminal justice system is commencing a two-year study. Other interim study topics include electric utility industry restructuring, private industry employment of inmates, school finance, and teacher preparation.
Internet Information. Legislative information available from the Iowa General Assembly's Internet sites continues to expand. Session information, including bill and amendment text, bill histories, member assignments, and schedules has been available for several years. Legislative publications now include summaries of legislation, Iowa Administrative Bulletin and Code, Legislative Fiscal Bureau publications, and the latest versions of the legislative guides described below. The universal resource locator (URL) for the Iowa General Assembly is http:// www.legis.state.ia.us/.
Legislative Guides. For two years, the Legislative Service Bureau has been publishing Legislative Guides to provide a general survey of a particular area of law for use by members of the legislature and their staff. Existing guides include the topics of education finance, gambling, and local property taxation. New Legislative Guides scheduled for January 1999 release cover watercraft law, public assistance programs, and updates on state taxation and solid waste. Staff contact: John Pollak.
Minnesota-State Seeks to Develop the Workforce of the 21st Century
by Maja Weidmann
A 25-member Workforce Committee is examining the steps Minnesota needs to take to prepare its workforce for the 21st century. The committee was established to develop a statewide workforce training strategy. Members on the committee represent a broad range of constituencies: higher education, business, labor, community-based organizations, local government, state government and non-profits.
To broaden the dialogue regarding workforce training needs, a survey was sent to individuals around the state knowledgeable about workforce issues. They were asked to respond to the following questions:
Is a shortage of skilled workers a major issue for Minnesota businesses and what are some examples?
What should be the role of government, business, labor, K-12 and higher education, and private-public partnerships in creating and maintaining a skilled workforce?
How effective are existing programs in addressing workforce needs?
How can the authority of existing programs and/or agencies be modified to enhance the training of the workforce?
How can the mission of community and technical colleges be redefined to become the state's primary resource for training?
What incentives could the state provide companies to expand their operations to non-metro areas of the state?
How do the issues of transportation and affordable housing affect the search for qualified workers?
The committee will complete its deliberations and develop a plan to implement its recommendations by November.
Nebraska-Preparing for the Impact of the "Tax Lid" Initiative
by Nancy Cyr
Questions surrounding the potential impact of two initiative proposals appearing on Nebraska's November general election ballot have kept the Legislative Research Division busy during the interim.
Known as the "tax lid" petition, Initiative 413 proposes a constitutional amendment that would control state and local government spending by setting limits on tax revenue. The proposed amendment would allow increases in tax revenue at either the state or local level for only four reasons: Inflation; population growth; temporary emergencies; and unfunded federal mandates. Any other increases would have to be approved by a majority vote of the people, and any tax revenue collected in excess of the limits would have to be returned to taxpayers through cuts in tax rates. The initiative was spearheaded by a group called Citizens for Nebraska's Future and supported by many of Nebraska's largest businesses.
The Committee to Vote Yes for Lower Phone Bills was also successful in placing Initiative 414 on the November ballot. The proposed law is aimed at reducing long-distance telephone costs
for Nebraskans, but opponents say it could raise the price of local telephone service in rural Nebraska. The proposal calls for the elimination of subsidies in the access rate that long-distance companies pay to local telephone companies at both ends of a long-distance call. Specifically, the proposal would require the state's Public Service Commission to set access charges for long-distance calls within Nebraska based on the costs of long-distance service and a reasonable rate of return of 12 percent for local companies.
Supporters and opponents of both initiatives have been out in full force, and the outcome of either proposal is anybody's guess.
On an unrelated note, the Nebraska Legislative Research Division houses the Legislature's Program Evaluation Unit. Currently, the unit has an opening for a program evaluation analyst. Any person interested in the position can contact the Legislative Research Division at (402) 471-2221.
South Dakota-Updating the Legislator Briefing Book and Preparing for New Member Orientation
by Dave Ortbahn
The research staff of the Legislative Research Council has been busy updating and revising our Legislator Briefing Book. This document, which is updated every election year, contains basic information regarding the operation of the Legislature, the operation of state government in general, and background information about some of the major issues facing the state. It is sent to all legislators following the general election in November. The document is also used to assist with the orientation of first time legislators in December.
Our interim committees are in the process of winding up their activities for the year. They will be making their final reports in December.
The study of gaming in the state has been proceeding as planned. Deloitte & Touche LLP of Chicago, Illinois was hired to collect empirical data and information on the economic and social effects of gaming in the state. They will be making a progress report later this month. They will be making a final report in December.
Mountain Region
Arizona, Colorado, Idaho, Montana, New Mexico, Utah, Wyoming
Coordinator: David Hite
Arizona-Senate Staff Update
by Susan Anable
Interim Committees - Although it is typical for the number of interim study committees to drop off slightly in an election year, we have an unusually high number of committees this year at 117. Health and Family Services issues dominate the interim committee topics this year.
Electronic Reference Station Expansion - The Arizona State Library and Archives added an Electronic Reference Station to the old capitol museum last year for use by our staff and the public for electronic research. This station provides a number of research links and services including Westlaw and focused Internet research. The station is staffed with qualified electronic research experts and prioritizes its availability to legislative staff. We are excited that the library is adding another electronic reference station this year that will be housed in our staff office.
Research, Majority and Minority Series - For the second year, our research staff has planned and is participating in a series of skills development seminars for not only our staff, but for professional policy staff as well. Some of the topics to be covered by invited experts at our two hour sessions are: Parliamentary Procedure, State Procurement Procedures, Advanced Public Speaking, State Budget Process and Bill Drafting. This program was so successful and well-received last year, we have expanded the number of topics this year.
Colorado-Voters Face a Dozen Initiated or Referred Measures on November Ballot
by David Hite
As a state that provides for changes to the constitution and the statutes through the initiative process as well as procedure for the legislature to refer changes to the electorate, Colorado voters will make decisions on three referred measures and nine initiatives this November.
Referred Measures
Of greatest interest among the referred measures is a request to retain up to $200 million of surplus state revenues for each of the next five years to invest in the state's transportation and education needs. Under the proposal, 50 percent of the funds would go to strategic road construction projects, bridge and highway renovations, and projects that reduce congestion. Thirty percent would be spent on public school construction and renovation projects; twenty percent would go to updating and maintaining state-owned buildings used for higher education.
Initiated Measures
An income tax credit for education expenses is generating interest among diverse groups in Colorado. The measure requires the legislature to create a state income tax credit for parents' education expenses like tuition, fees, and educational materials and books. The amount of the credit would be limited to the savings resulting from students leaving public school for private schools and can vary according to where the student is currently attending school.
Another initiated measure would increase the state's ability to regulate the construction and operation of large, commercial hog facilities and the disposal of manure and wastewater from these facilities to minimize odor and water pollution. In reaction to this initiative, owners of swine feeding operations are supporting an initiative to require uniform laws for regulating all livestock operations that have similar potential impacts on air and water quality. Among other provisions, the measure makes unconstitutional any law or regulation that does not treat livestock operations uniformly.
Other initiated measures include a ban on partial birth abortions; a measure requiring a doctor to notify both parents of a minor's request for an abortion; and a provision allowing a congressional candidate to voluntarily pledge to serve no more than six years in the U.S. House of Representatives or no more than twelve years in the U.S. Senate.
New Mexico-Legislative Leaders Hire Staff
by John Yaeger
The New Mexico Legislative Council Service is helping coordinate a "leadership staff pilot project" funded during a special legislative session earlier this year. Under the pilot project, the senate president pro tempore, the house speaker, and the majority and minority offices in each chamber, are each authorized to hire part-time, professional assistants.
The council service, with the help of other legislative staff and consultants, is assisting with training the leadership staff on a variety of topics, from the functions of the various permanent staffs and legislative process to ethics and the changing nature of representative democracy. The leadership staff, who take their day-to-day direction from their respective leaders, are assisting members with institutional duties such as fostering better communication within and among the caucuses and with other branches of government, policy research and analysis, agenda development and communication with the public. The two-year project will be evaluated on the effectiveness of the various staffing patterns being used and the goals set by the leadership and their staff.
Utah-Staff Develops New Method of Presenting Amendments; Voters Consider Constitutional Amendment
by Connie Steffen
A proposed amendment to the Utah Constitution is drawing some national attention. Utah voters on November 3 will consider whether to make it more difficult to pass certain voter initiatives. The constitution currently requires a majority vote to pass any voter initiative. If Proposition 5 passes, a two-thirds vote will be required to pass any voter initiative to allow, limit, or prohibit the taking of wildlife or the season for or method of taking wildlife. Arguing in favor of Proposition 5 are hunters who are fearful that an increasingly urbanized population will be susceptible to emotional and well-financed voter initiative campaigns to restrict hunting. Opposed to the proposed constitutional amendment are voting rights and non-consumptive wildlife groups.
During the interim period legislative staff has been developing a new amendment process which would involve the preparation of amendment documents that show the context of a proposed amendment. When a legislator seeks to make an amendment either in committee or on the floor, an amendment document would be prepared that shows the section or subsection to be amended and the language to be inserted or deleted. Amendment documents that show the amendment in context are expected to be more meaningful than existing amendment documents which only indicate the language to be inserted or deleted and the page and line of the insertion or deletion.
West Region
Alaska, California, Hawaii, Nevada, Oregon, Washington
Coordinator: Anne Tweedt
California-Initial Impact of Term Limits
by Rona Sherrif
The California Legislature will experience the full effect of term limits this November. The term limits initiative was adopted in 1990 and limited Assembly members to six years and Senators to eight years. This year will mark the almost complete turnover of the old Legislature.
This landmark was most noticeable with the terming-out of Ralph Dills, who first was elected to the Legislature in 1938. Dills, 88, who had presided over Senate sessions for decades, pounded down the gavel for the last time to close the legislative session sine die on August 31. With the opening of the new session in December, almost no member of the Assembly will have served more than four years and almost no member of the Senate will have served more than six years in the Senate.
The exceptions in each house are Bill Leonard, who served in the Assembly prior to term limits and left his Senate seat to run again in the Assembly, and Patrick Johnston, who won a special election to the Senate in 1991 and will be permitted, under a technicality, to serve until the year 2000.
Nevada-Juvenile Crime on Legislative Agenda
by Juliann Jenson
In response to growing concerns about juvenile crime and delinquency, the 1997 Nevada Legislature created two interim committees to study problems associated with youth. Recognizing that the juvenile justice system, as well as the schools, plays an important role in the lives of troubled young people, these interim committees were charged with examining: (1) the system of juvenile justice in Nevada; and (2) special education and student discipline.
Both committees received extensive expert and public testimony. These committees also reviewed relevant laws and gauged the effectiveness of local programs and services. Additionally, the committees examined innovative programs and approaches in other states and discussed their application in Nevada. The juvenile justice committee held six meetings while the one on special education and student discipline met eight times.
Recognizing that juvenile detention and corrections options should be reserved for the most serious and violent offenders, the committee to study the system of juvenile justice in Nevada focused efforts on developing a range of intermediate sanctions and interventions. The committee placed particular emphasis on creating and expanding upon substance abuse treatment programs and addressing the mental health needs of youth.
The juvenile justice committee also made recommendations to develop programs and gather information in the following major topics: assessment instruments; new juvenile offender facility; state-county relationships; statewide gang survey; school violence and alternative education programs; standards of operation for juvenile facilities; school attendance, truancy and social workers in schools; and a future juvenile justice interim study.
The committee regarding special education and student discipline adopted eighteen recommendations. This committee also recognized the need to intervene in the lives of "at-risk" youth and addressed the importance of school attendance in combating juvenile crime and delinquency. Therefore, it was recommended that truancy laws be strengthened, and that student discipline be more comprehensively addressed through behavior programs. Other topics reviewed by this committee include: special education funding; special education programs and services; teacher and staff training; and other matters relating to education.
Recommendations from both committees will be considered by the 1999 Nevada Legislature and are available from the Research Division of the Legislative Counsel Bureau.
Oregon-First Impact of Term Limits and Session Summary
by Anne Tweedt
The 1999 biennial session, beginning January 11, will mark the first and greatest impact of Oregon legislative term limits. Term limits will bring 21 (of 60) new Representatives and two (of 30) new Senators. The total rate of turnover, at least thirty percent, will be somewhat larger than usual.
Issues that kept legislative members (and their policy-committee staff) busy during the 1997-99 interim include:
w the "Salmon Plan" (the State of Oregon's reaction to threatened federal listing of several fish species as endangered),
w prison siting (the Governor's effort to designate a prison site in the Portland metropolitan area),
w pain and symptom management (a reaction to Oregon's "Death with Dignity" physician assisted suicide law),
w flood control planning (an aftermath of Oregon's devastating 1996 floods),
w navigability (an effort to deal with the recreational use of river banks on or adjoining private property),
w Oregon Liquor Control Commission efforts to stop alcohol sales to juveniles (through use of a "Minor Decoy Program"),
w workers' compensation reform sunset recommendations,
w forestry practices on sites where clear-cutting may aggravate landslides, and
w a whole host of other issues equally as important and/or urgent.
After several years of booming growth, Oregon's economy appears to be leveling off, disproportionately affected by economic crises in Asia. Because of the feared downturn, and the lagging state revenue that could result, the 1999 legislative session may be especially difficult. The dilemma is a familiar one though--increasing demands for scarce funding.
Several key individuals have left legislative staff agencies during the year. Tom Clifford retired after some twenty years' service as Oregon's Legislative Counsel, replaced by Greg Chaimov. Jim Scherzinger left to work for the Portland School District after some 20 years in the Legislative Revenue Office. Frankie Bell retir |
