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RACSS  Newsletter

In this issue:

Chair’s Column
RACSS Elections
Bylaws Amendments
Staff Awards
Regional News

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Chair's Column
by Dave Sallach, RACSS Chair 2001-2002
Principal Research Analyst, Office of Legislative Services, New Jersey

I am sure many of you have had similar experiences with the American Political Science Association, the American Bar Association, Modern Language Association or some other professional association.

As a legislative researcher and committee aide, RACSS is your professional organization. Like other professional associations, RACSS was established, and exists, to help people like you and me-professional legislative staff-be more effective. During the past few years, RACSS has sponsored training sessions to help us foster and refine the communicative, interpersonal, research and analytical skills that we rely on daily; wide-ranging professional development programs; and issue-focused round tables. RACSS is a network for the exchange of information and ideas among professional legislative staffers. It is our professional organization.

Some times we forget how unique we are. Do you know that there are more neurosurgeons in New Jersey then there are legislative researchers and committee aides? I sure the same could be said about your state. There aren't many professions that have fewer practitioners!

How many of you also practice the arcane art of bill drafting? (Yes, it's arcane; and yes it's an art!) How many people in your state can really draft a bill? Is it less than 100? It's probably less than 50. Perhaps it's less than a couple dozen.

Special! We facilitate policy making in our states. On all the issues, big and little, facing state government, we are there-providing the information, research, analyses and committee services our legislators need.

Talk about being unique; talk about being special; talk about professional identity!

To encourage you to get more involved, we are creating new opportunities for participation. At the Annual meeting this July, we will be proposing a change in our Bylaws to expand RACSS's Executive Committee. If approved, the committee will go from seven to nine members.

We also will be establishing a Task Force on Professional Development. The task force's primary responsibility will be to develop program proposals for our sessions at the annual meetings and, more importantly, the RACSS's Senior Skills Seminar each fall. We hope you will take advantage of these new opportunities to get involved. To be successful and effective, professional organizations must serve the needs and interests of their members. What do you want from RACSS?

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RACSS Elections

This year's Nominating Committee members are Mike Nugent (ID), Bob Erickson (NV) and Larry Barish (WI). The committee will evaluate all nominations and select the slate of candidates for election at the RACSS Business Meeting in July. Criteria include a candidate's legislative experience and past participation in RACSS activities, along with geographic balance and diversity on the committee.

Those interested should have the approval of their legislature and submit a letter of nomination outlining their legislative experience and RACSS involvement to:

Michael Nugent, Chair,
RACSS Nominating Committee
NCSL, Att: Jeanne Mejeur
1560 Broadway, Suite 700
Denver, CO 80202

Nominations must be received in the Denver office by Friday, May 10, 2002. For more information, please contact Mike Nugent at (208) 334-2475 or Jeanne Mejeur at (303) 364-7700, x187.

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Proposed Amendments to the RACSS Bylaws

The following changes are proposed for the RACSS Bylaws, increasing the number of directors serving on the RACSS Executive Committee. (deletions shown with a strikethrough; additions shown capitalized.)

Article I: General Provisions

Name-The name of this organization is the Research and Committee Staff Section (RACSS), of the National Conference of State Legislatures (NCSL).

Purposes-The purposes of this staff section are:
1. To improve the quality and effectiveness of services to state legislatures, including research services, policy analysis services, general legislative services, and committee services.
2. To promote communication and information exchange among the members of the staff section.
3. To enhance the professionalism and skills of the members of the staff section.
4. To promote the service of members of the staff section in the activities of NCSL.

Membership-A staff member employed by a member legislature of the National Conference of State Legislatures and who provides research services, policy analysis services, general legislative services, or committee services is a member of the staff section.

Article II: Executive Committee

Membership-The executive committee of the staff section shall consist of a chair, a vice-chair, and five SEVEN directors, one of whom shall be the immediate past chair. In addition, the staff section secretary and the editor of the staff section newsletter shall be nonvoting members of the executive committee, (unless the editor is also an officer or director).

Officers-The officers of the staff section shall consist of a chair and vice-chair.
1. The chair shall serve a one-year term and shall preside at meetings of the executive committee and staff section, and shall have general management and control of the affairs of the staff section, subject to the approval of the executive committee.
2. The vice-chair, who is also the chair-elect, shall serve a one-year term and shall perform such duties as may be assigned by the chair. The vice-chair shall succeed the following year to the office of chair.
3. The chair and vice-chair shall serve as the representatives of the staff section on the Legislative Staff Coordinating Committee (LSCC) of NCSL, and shall participate in the activities and projects of such committees of the LSCC to which they are assigned.
4. The secretary of the staff section shall be the NCSL staff member assigned to the staff section.

Directors-Directors of the staff section shall be elected from the membership of the staff section for a term of two years and may be reelected for a second consecutive term. Two THREE directors shall be elected each even-numbered year and two THREE directors shall be elected each odd-numbered year. If a member of the staff section is appointed to fill a vacancy on the executive committee and the balance of the term is one year or less, the member remains eligible to be elected to two consecutive terms. If the balance of a term to which a member is appointed is greater than one year, the member is considered to have served one full term and is eligible to be elected to serve one additional term. The immediate past chair shall serve one one-year term.

Quorum-A quorum for transaction of business by the executive committee is a majority of the voting members of the executive committee.

Meetings-The executive committee shall meet at the call of the chair during the Annual Meeting of NCSL. Other meetings of the executive committee shall be held at the discretion of chair in conjunction with other NCSL meetings, and at such other times as a majority of the voting members of the executive committee shall agree. Meetings may be conducted by conference telephone call at the discretion of the chair.

Responsibilities-The executive committee shall:
1. Plan and execute the staff section's program at the Annual Meeting of NCSL, and at any other meetings of the staff section held in conjunction with an NCSL meeting.
2. Keep the membership of the staff section informed of activities relating to the staff section, staff activities of NCSL, and topics of interest to members of the staff section.
3. Develop and implement seminars for members of the staff section.
4. Recommend to the membership of the staff section at the annual business meeting such action as the executive committee deems appropriate.

Committees-To assist the executive committee in the performance of its responsibilities, the chair may establish committees comprised of members of the staff section, with the approval of the executive committee.

Article III: Election Of  Executive Committee

Nominating Committee-Each year no later than 90 days prior to the NCSL Annual Meeting, the chair shall appoint a 3-member nominating committee comprised of the immediate past chair, vice-chair, and a member of the staff section not serving on the executive committee and not a candidate for election to the executive committee. The vice-chair shall serve as chair of the nominating committee. The nominating committee shall encourage members of the staff section to become candidates for the executive committee and place a notice in the RACSS newsletter regarding forthcoming vacancies. Such notice shall indicate the names of those serving on the nominating committee and shall solicit candidates for the executive committee. The nominating committee shall implement an equitable process for evaluating candidates and shall explain that process in the notice of vacancies. At the annual business meeting, the nominating committee shall present for consideration a slate of nominees for vice-chair and for vacant director positions. Additional nominations for staff section officers and directors may be made from the floor.

Vacancies- If a vacancy occurs in the office of chair or vice-chair, the executive committee shall appoint a person to fill the vacancy for the balance of the term. If a vacancy occurs in the office of director, the chair, with the approval of the executive committee, shall appoint a member of the staff section to fill the vacancy for the balance of the term. If at the time of succession the vice-chair is unable to assume the office of chair, the nominating committee shall nominate a person to fill the office of chair. The nomination will be part of the slate of candidates presented for consideration at the annual business meeting.

Article IV: Staff Section Business

Annual Business Meeting-The staff section shall hold its annual business meeting in conjunction with the Annual Meeting of NCSL. The chair shall preside at the business meeting, and shall be responsible for conducting staff section business and elections.

Quorum and Voting-A quorum for the transaction of business by the staff section shall comply with NCSL permanent rules applying to staff sections in effect at the time of the meeting. Legislative staff eligible for membership in the staff section shall be eligible to vote. Business which requires approval of the staff section shall require approval of a majority of staff section members attending the RACSS annual business meeting.

Amendment of Bylaws-The members of the staff section shall be notified of proposed amendments to the staff section bylaws through the RACSS Newsletter or in a general mailing to all members on the RACSS mailing list. The notification shall be at least thirty days before the annual business meeting and shall include a copy of the current bylaws and of all proposed changes. Amendments shall be considered at the annual business meeting of the staff section. Unless otherwise stated, amendments to the bylaws shall take immediate effect.

Meetings and Notices-The staff section shall meet as required by the staff section bylaws and at other times as determined by the chair with the approval of the executive committee of the staff section. Notice of the date, time, place, and purpose of meetings of the staff section shall be given in writing to appropriate legislative staff members at least 30 days in advance of the meeting, either through the staff section newsletter, or through a meeting announcement mailed to the appropriate members of the staff section.

NCSL Annual Meeting-In accordance with NCSL permanent rules applying to staff sections, the staff section shall meet annually in conjunction with the Annual Meeting of NCSL. The staff section shall present programs for its members, in the time slots designated for staff section activities by the NCSL Executive Committee.

Additional Meetings-The staff section may meet in conjunction with the meetings of the Assembly on State Issues or other meetings of NCSL, at the discretion of the chair.

Senior Professional Development Seminar-The staff section shall present an annual professional development seminar for senior research staff. The date, location, and agenda shall be determined by the chair, in consultation with the executive committee and staff section secretary.

Staff Section Newsletter-The staff section shall publish a periodic newsletter to inform members of the staff section regarding RACSS programs, meetings, publications, nominations, elections, and news about legislatures, legislative staff and NCSL, and to provide a forum for discussion of issues of interest. The chair shall be the editor of the newsletter or may designate a member of the staff section to serve a one-year term as newsletter editor.

Staff Section Directory-The staff section shall publish an annual Directory of Key Research Contacts, listing the key research staff and offices in each state. One copy of the directory shall be provided to each member of the staff section.

Temporary Provision: The RACSS chair for 2001-02 shall appoint a member of the staff section to serve a SINGLE, one-year term on the RACSS executive committee to accommodate the staggered terms of directors and facilitatE the increase from four to six directors.

- Adopted 1979, amended 1988, 1996, 1998, 1999

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2002 Staff Achievement Award Nominations

RACSS is seeking nominations for the 2002 Legislative Staff Achievement Award. (LSAA). The LSAA permits staff sections to recognize their members who have demonstrated excellence in their legislature career and contributed to the activities of the staff section.

• Criteria for recognition by RACSS in bestowing the LSAA include:
• Demonstrating professionalism, competence, and integrity in serving their state legislature;
• Improving the effectiveness of their legislative institution; and
• Contributing to the activities of the Research and Committee Staff Section.

Nominations, including a brief summary of the legislative accomplishments and RACSS involvement of the individual being nominated, should be mailed to:

Ms. Mary Janicki, chair,
RACSS Awards Committee
NCSL, Att: Jeanne Mejeur
1560 Broadway, Suite 700
Denver, CO 80202

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The Regional News

New England Region
Coordinator: David Ellliott, Maine
Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont

Connecticut-Opening Day Excitement!
by Mary Janicki, Deputy Director, Office of Legislative Services

The opening day of the 2002 General Assembly session was a memorable one here in Hartford! An hour or so after Governor Rowland's noontime State of the State address to the joint convention, the sound of a helicopter got the attention of staff. So did the gathering of Capitol Police, Hartford city, and state police on the streets surrounding the Legislative Office Building (LOB). Looking out the windows, we noticed traffic had been diverted from the ramps on and off I-84. The helicopter hovered over the Capitol grounds.

An email from the Office of Legislative Management alerted legislators and staff that we would not be able to leave the building. Police were investigating reports of a man with a gun on the roof of the legislative garage!

Eventually, the LOB was evacuated. Staff, legislators, lobbyists, and visitors moved to the State Capitol while police searched each level of the garage, inspecting around and under every car. Then they turned their attention to the offices in the LOB. It was 7 p.m. before we were allowed to leave. Not an unusual hour for staff to be ending the workday, but spending the afternoon and evening sitting in the Capitol rotunda waiting for information updates was unusual.

At a press conference the next day, police announced that the reported gunman had been a camera man who had followed procedures by signing out of the building, but walked to the edge of the garage roof (with his camera tucked under his arm) to get some videotaped file footage of the Capitol. After all, it was a "picture perfect" day. And one we won't forget. The session since then has seemed pretty tame.

New Jersey-Domestic Security Act
by David Price, Lead Research Analyst, Office of Legislative Services

P.L.2001, c.246, which is designated the "New Jersey Domestic Security Preparedness Act," was signed into law on October 4, 2001 (Senate Bill No. 2575 of 2001).

The new statute includes the following provisions, which are intended to enhance and integrate security planning and preparedness measures statewide:

• establishment of a Domestic Security Preparedness Task Force, a nine-member body, that is responsible for developing proposals to preserve and sustain domestic security and ensure a comprehensive program of domestic preparedness, and developing, implementing and managing comprehensive responses to terroristic attacks or other technological disasters;creation of an Infrastructure Advisory Committee to act as a liaison between the public and private sectors, which is to assist the task force in meeting its responsibilities;

• establishment of a Domestic Security Preparedness Planning Group to develop a coordinated plan (to be incorporated in the current State Emergency Operations Plan), for consideration by the task force, to prepare for, respond to, mitigate and recover from incidents of terrorism;

• establishment of a Weapons of Mass Destruction Advisory Committee within the planning group to assess the nature and extent of the risk to New Jersey's citizens from terrorist attacks or sabotage involving nuclear weapons or biological or chemical agents and to assist the task force in preparing appropriate security and preparedness plans;

• required annual reports to the Legislature by the task force; and

• funding in the amount of $8.95 million, to be appropriated as follows: $2.7 million to the Division of State Police (DSP) to fund and equip its counter-terrorism unit; $1 million to fund and enhance services provided by the Office of Emergency Management in DSP; $2 million to fund, train and equip a domestic emergency response team in the Department of Military and Veterans Affairs; $1.8 million to establish a program of laboratory services in the Department of Health and Senior Services (DHSS) to detect and analyze biological and chemical agents that may be used in terrorist acts; and $1.45 million to DHSS for disease surveillance and epidemiological investigation.

The statute stipulates that on the first day of the 65th month following its enactment, the Governor is to give notice to the Legislature to review the conduct and performance of the Domestic Security Preparedness Task Force. The task force is to continue operating after that date unless the Legislature adopts, by a two-thirds majority of each House, a joint resolution finding that the task force has failed to adequately perform its duties or is no longer necessary to preserve, protect and sustain the domestic security and preparedness and, therefore, is to be dissolved.

New York-Health Care Reform
by Kathy Wise, Assembly Minority Research Director

In an effort to address low salaries and the growing shortage of workers in the health care industry and to provide health care to New Yorkers in need, the Health Care Reform Act and Workforce Recruitment and Retraining Funding Initiative became law in January 2002. Major provisions of this new law are presented below.

• A total of nearly $1.8 billion is directed to recruit and retain workers in hospitals, nursing homes, personal care programs and freestanding diagnostic and treatment centers throughout the State for the next three years (2002-03 through 2004-05).

• A Medicaid Buy-in program is created to provide Medicaid coverage for working disabled individuals, who earn up to 250 percent of the federal poverty level and pay premiums, on a sliding scale, based upon the disabled individual's income.

• The use of generic drugs for Medicaid recipients is mandated unless no generic alternative exists.

• Medicaid coverage of breast and cervical cancer treatment is provided for low-income women diagnosed with such cancers through the State's Women's Healthy Partnership Program.

• Child Health Plus program enhancements are continued to another year.
These changes and others will be financed by:

• Authorizing Empire Blue Cross Blue Shield to convert from a not-for-profit to a for-profit entity and dedicating proceeds for the above purposes;

• Increasing the State's cigarette tax by 39 cents, from $1.11 to $1.50 per pack, which makes New York's cigarette tax the highest in the nation;

• Reinstating a six percent assessment on the gross receipts of nursing homes; and

• Obtaining an increase in New York's Federal Medical Assistance Percentage.

Pennsylvania-Malpractice Reform
by Michael Gasbarre, Assistant Director, Local Government Commission
One of the more contentious and serious issues facing the General Assembly this legislative session seems to have been somewhat resolved. Pennsylvania's physicians and hospitals, facing astronomical increases in liability insurance premiums, have been facing off against the trial lawyers in a struggle to enact meaningful medical malpractice reform. On March 13, 2002, the House of Representatives and Senate agreed on legislation that addresses both tort reforms and patient safety.

Tort reform provisions reportedly include:

• initiating all malpractice suits within seven years of treatment (except those cases involving children);

• when high damage awards are appealed, courts must give consideration to the award's impact on the "availability or access to health care in the community";.

• hospitals cannot be named in a suit just because an accused private practitioner is part of its medical staff;

• plaintiffs lose the right to seek damages for past bills or lost earnings for which they've already received insurance or other payments;

• damages of more than $100,000 for future medical care must be paid out over time; and

• a study commission is established to review major venue issues in medical malpractice cases.

Patient safety issues addressed include: strengthening the Commonwealth's ability to investigate allegations of doctor misconduct or negligence; requiring a direct, written notification to patients when serious medical mistakes are discovered; and the creation of a new Patient Safety Authority charged with monitoring medical errors and making policy recommendations aimed at lowering future risks.

In addition, the legislation immediately reduces by 7.5% insurance premiums paid by general surgeons, obstetricians, orthopedic surgeons, and neurosurgeons to the state Catastrophic Insurance (CAT) Fund. The CAT Fund provides a mandatory second layer of malpractice coverage to all doctors. It eventually will become privatized. According to legislative leaders, additional reforms will be initiated in the near future.

Like most states, Pennsylvania will be facing a budget deficit at the end of this fiscal year, which concludes on June 30. Some projections portray a $700 million shortfall. However, the Rainy Day Fund contains approximately $1.1 billion, enough to cover the deficit and perhaps some additional funding for education.
 

Great Lakes Region
Coordinator: Terry Bergstrom, Michigan
Illinois, Indiana, Michigan, Ohio, Wisconsin

Michigan-Session on a Rapid Pace
By Terry L. Bergstrom, Research Analyst, Legislative Service Bureau

Despite some concerns that budget problems, political fallout from redistricting, and the effect of term limits, when compounded by a potentially diminishing influence of a lameduck executive, could result in political stalemate in 2002, the Michigan Legislature has in fact set a rapid pace for the early months of this the second year of the biennial session. Indeed, the new initiatives coming to the forefront early in this session exemplify the depth and breadth of public policy-making.

The Michigan Legislature is tackling the state's budget crisis, exacerbated by scheduled income tax and single business tax cuts, with the express intent to protect education. Current proposals going through the legislative process project utilizing withdrawals from the state's rainy day fund, Medicaid trust fund, the employment security trust fund, and tobacco settlement revenues, in conjunction with a diesel fuel tax increase designed to equalize gasoline and diesel fuel tax rates, a freeze in local revenue sharing, and a state employee early retirement proposal, the budget is now projected to provide a $200 per pupil increase in K-12 school aid funding. In addition to preserving the scheduled tax cuts, a one time, 2003 multi-year budget summer property tax levy, if adopted, is to combine expedited revenue collection with a new $266 million cut in the State Education Tax. Education in Michigan is to be further enhanced with legislation expected to be introduced to implement the State Board of Education's Education Yes! school accountability standards initiative, measures to create a nursing scholarship program, and the offering of a $2 billion school infrastructure-stormwater/sewer separation bond proposal.

In other areas, the Michigan Legislature has already addressed comprehensive packages of legislation to fight terrorism, create a broadband development authority to extend broadband service throughout the state, create a joint county/state Detroit Metro Airport operation authority, and implement a Great Lakes protection initiative. The Legislature, moreover, is currently working on bills to raise the rate of unemployment compensation, expand Medicaid health care coverage to low income families, recodify governmental bonding authority, and repeal a host of obsolete laws. Not to be forgotten, the Legislature also named the mastadon the official state fossil.

Clearly, in a few short months, the Michigan Legislature has laid the groundwork for a wide range of policy initiatives.
 

South Region
Coordinator: Denise Sims, Tennessee
Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee

Kentucky-Redistricting and Budget
by Jamie Jo Franklin, Committee Administrator, Legislative Research Commission

When the Kentucky General Assembly went into session in January, it immediately began work on the state's redistricting plan, which had not been revised since the release of the 2000 Census data. Because their work on the new reapportionment plan was not completed prior to the filing deadline for the spring primaries, the filing deadline was extended by court order for a short period until the proposal was approved.

In addition to redistricting, significant legislation is also being considered relating to telemarketers, worker's compensation, funding for teachers salaries, state-wide litter control funded by a tax on fast food beverage containers, the use of electronic video gaming devices at horse tracks, public personnel issues such as collective bargaining, retirement, etc., "Smart" growth, and regulation of merchant electric plants in the state. Aside from redistricting, and like most other states, the other primary issue this year is the state budget. Serious revenue shortfalls have both the legislative and executive branches looking for untapped revenue sources and creative ways to stretch state dollars. The legislative session concludes April 15th.
 

South Central Region
Coordinator: George Humphreys, Oklahoma
Arkansas, Kansas, Louisiana, Missouri, Oklahoma, Texas

Louisiana-House Responds to 9/11
by Rhonda Repetowski, Jean Vandal, Laura Picard and Anne Dunn, House Staff

The tragic events of 9/11 have resulted in a number of initiatives in which the Louisiana House of Representatives is involved that address the potential effects of the terrorist attacks and their aftermath on the House of Representatives, state funding, and state security.

House Security Liaison Group
One of the first House efforts was a renewed focus on state capitol security. Legislative staff members have been very involved in helping to identify and address capitol security needs. One forum for discussion of these issues is an internal group of House staff members. The group, referred to as the Security Liaison Group, is chaired by the Chief Sergeant at Arms for the Louisiana House of Representatives, Clarence Russ. The group consists of staff members from each division of House staff. They meet on an as-needed basis to discuss areas of concern and offer suggestions for correcting the issues identified. Sergeant at Arms Russ is then able to incorporate these suggestions in decision making for capitol security in which he participates with the Speaker, the Senate, Capitol Security Police, the State Police, and the FBI.
Some of the issues that have been addressed by the group are as follows: (1) the need for updated emergency procedures, (2) the benefit of holding security-related discussion panels for legislative staffers, (3) the need for increasing the number of onsite security personnel, and (4) the importance of updating and maintaining security badges for all building personnel.

Task Force to Assess Financial Impact of 9/11
Another response to the terrorist attacks came from the Joint Legislative Committee on the Budget, which called for formation of a joint legislative/executive staff group to assess the potential financial impact of the aftermath of 9/11 on Louisiana. The group was charged with estimating potential increased expenditure requirements for security enhancements, activation of National Guard and reserve personnel, impact of decreased retirement system earnings, and addressing bioterrorism threats. The group also examined the potential impact on revenue estimates of the resulting deepening of the economic downturn, including the effect on the tourism industry, which is so important to Louisiana.

The task force, made up of staff of the governor's Division of Administration and legislative fiscal staff, gathered information and held discussions with numerous agencies, including State Police, National Guard, Department of Health and Hospitals, Department of Labor, tourism officials, state technology personnel, and representatives of the public retirement systems. With assurances that sensitive information would remain confidential, agency personnel provided in-depth explanations of potential risks and the costs of addressing them.

On February 22, 2002, the task force submitted its report to the committee. The report documents costs in the current fiscal year, potential costs for next fiscal year, and areas that may need to be addressed in the future. The report is available from the House Legislative Services Fiscal Division and it may soon be available on our website.

Legislative Committee - Homeland Security
President Bush's new Office of Homeland Security will involve new and expanded efforts by all levels of government and private industry. In an effort to facilitate this objective, Speaker DeWitt has appointed Representative Francis Thompson to chair a new House sub-committee which is charged with reviewing Louisiana's role in the national strategic homeland security plan.

The committee will focus on several issues, including funding availability, agroterrorism, bioterrorism, and other terrorism related issues. The purpose of the committee is to provide the House of Representatives with recommendations and direction concerning security issues and antiterrorism efforts affecting the state. It will provide a mechanism for federal, state, and local government officials, businessmen, and private citizens to come together to make a concerted and coordinated effort to keep Louisiana safe.

Missouri-Term Limits, Redistricting
by Darrell Jackson, House Research Director

The state of the economy and an upcoming general election color everything in the regular session now under way. As shrinking revenues meet growing mandatory expenditures, discretionary expenditures must be radically reduced unless creative measures are taken. Normally in Missouri appropriations are not made contingent upon the passage of revenue-enhancing legislation, but the Governor's budget proposes that. The budget also proposes use of a "rainy day" fund that is designed to meet budget needs due to a disaster. The question arises, Is an economy in recession a disaster? Ultimately that question could be before the courts, since any Missouri taxpayer has the right to challenge use of the rainy day fund.

The upcoming general election will be like no other since the "one man one vote" redistricting of the 1960s. A "double witching" occurs with newly drawn legislative districts being one factor and the first full effect of Missouri's term limits law being the other factor. Nearly half of the members of the Senate and half of the members of the House are ineligible to run for reelection. Ineligible Senators will presumably disappear, but ineligible House members are filing in large numbers for the open Senate seats, including numerous pairings of House members from the same party who will vie for the nomination in the primary election. This should generate numerous subplots as the session progresses.

There are policy issues on the agenda, notably funding for transportation and revising election laws. Any bill with a projected cost stands little chance of passage.
After 25 years of freely walking in and out of our beautiful and majestic Capitol, this author now must either show identification or punch in a combination on an outer door. So far this new concern for security has not resulted in ugly architectural modifications of the Capitol, as it has of other state buildings, but that is probably coming. In the meantime, as school children, little old ladies, and long-time Capitol denizens are hassled, any would-be terrorists will have to spend a few extra minutes figuring out how to do whatever they want to do.

Oklahoma-Session a Busy One
by George Humphreys, House Research Director

The recession has finally had a major impact on the state budget in Oklahoma. State agencies are experiencing across-the-board cuts starting in March that are expected to result in only 1.6% cuts for FY-02, but the FY-03 drop is in the neighborhood of 6.4%. Also regarding taxes, the Governor is pressing the Legislature very hard to eliminate the state income tax and the state sales tax on groceries and replace them with a series of 5.9% state taxes on a variety of services. He feels that this plan would result in significant economic development benefits for the state. The proposal has met significant opposition from many groups affected by the proposed new taxes, but is being considered by a blue ribbon panel of legislators and state leaders.

Congressional redistricting remains on the legislative agenda. The loss of one of the state's six congressional districts has complicated its completion. Legislative Democrats are planning to present a plan that would enable each of the five incumbent members of the Oklahoma Congressional delegation to run in districts in which they live and that would place three of the state's military installations in one district for the purpose of protecting those bases. The plan has drawn significant opposition from incumbent Republicans and the Governor has already threatened to veto it. The State Republican Party has already filed an action in federal district court requesting the court to draw a plan.

The sale of over 100 million gallons per day of water from the southeastern part of the state to Texas that would provide millions of dollars annually to area governments and the Choctaw and Chickasaw nations (which would waive any of its rights to the water) has raised controversy in the Legislature. Although negotiations have stalled, a variety of bills are being considered to either put this sale in the context of overall state water needs or to require a statewide vote on such sales.
Homeland security and post 9/11 bills rank high on the legislative agenda. One of the first bills passed this session designated the state's director of public safety as the homeland security director. A variety of bills remain under consideration as a result of several statewide task forces created after the events of September 11. The model emergency health powers act remains alive, despite opposition that it would expand the state's powers. The Press Association is also very concerned about changes in the state's open records laws that would shield a variety of records for security reasons. The House defeated a bill that would require fingerprinting associated with driver licenses, but a similar provision passed the Senate.

A measure that has not received much public attention, but could be very important for the future operations of the Oklahoma Legislature is one that would amend the Oklahoma Constitution to set aside the odd-numbered years for a budget session. The bill made it out of the House Rules Committee and would have to be approved by voters for it to take effect starting in 2005.
 

Northern Plains Region
Coordinator: David Ortbahn, South Dakota
Iowa, Minnesota, Nebraska, North Dakota, South Dakota

Iowa-Budget Reductions Dominate
by John Pollak, Committee Services Administrator, Legislative Service Bureau

Addressing a marked decline in state revenue growth has been the dominant focus for Iowa's 2002 Legislative Session. A special legislative session was held in November 2001 to address across-the-board cuts for fiscal year 2001-2002. Further cuts were applied March 1 during the regular session, including an additional across-the-board reduction, authorization for regular half-day state employee furloughs, and reductions for the remainder of the fiscal year in the salaries of legislators and other elected officials, as well as judges, justices, and magistrates. The Legislature took early action to reduce the period that per diem is payable for the regular legislative session to not more than 90 days.

Through March 19, 2002, general fund revenues are approximately 0.6 percent below last year. The focus of the debate concerning fiscal year 2002-2003 has been on what budget areas are to be reduced and to what extent reserve funds will be used. There is general agreement between the Governor and Legislature for protecting K-12 education and the Medicaid program in budget deliberations.

Other legislative activity includes new economic development efforts to improve venture capital and support "angel investors", simplifying international adoptions, and including dating relationships under the state's domestic abuse law. The target date for adjournment is April 13, 2002.

Diane Bolender, director of Iowa's Legislative Service Bureau, and immediate past staff chair of NCSL, as well as a former RACSS chair, has announced she will retire following the close of the 2002 legislative session.

Nebraska-Education Budget Cuts
by Cynthia Johnson, Director of Research, Legislative Research Division

Erasing a budget deficit of approximately $186 million has dominated Nebraska's 2002 legislative session. As the session enters the home stretch-the Legislature is scheduled to adjourn sine die April 19-state senators are faced with tough decisions as they weigh a number of competing proposals designed to solve the state's current fiscal crisis.

Packages adopted by the Legislature's Appropriations, Education, and Revenue committees and advanced to the floor, if enacted, would be a giant step toward eliminating the deficit. A one-percent cut to the University of Nebraska, a three percent across-the-board cut for most state agencies, and a $22 million cut in state aid to schools highlight the Appropriations Committee package.

The Education Committee advanced LB 898 to the floor. The measure adjusts the state aid formula by reducing the calculated needs, allocated income taxes, and net option funding to school systems by 1.25 percent in each of the next three years. The formula changes result in the previously mentioned $22 million decrease in state aid to schools for FY2002-03.

In addition to the budget and state-aid cuts, the Revenue Committee advanced a revenue-raising package that includes a property tax levy exclusion for schools, a 20-cent tax increase on cigarettes (from 34 cents to 54 cents per pack), a sales tax on some services, a surcharge on economic development tax credits, the retention of an existing estate tax, and an offset to recent depreciation changes in the federal tax code.
The budget debate began on March 19. Since Nebraska's Constitution requires a balanced budget, senators must hammer out a solution.

South Dakota-Productive Session
by Dave Ortbahn, Principal Research Analyst, Legislative Research Council

The 2002 South Dakota Legislative Session came to an end on March 12. This session was relatively quiet when compared to previous legislative sessions. Only 492 bills were introduced, well below the average of 631 bills. Only four other times since statehood have fewer bills been introduced. Although the number of bills was down this year, there was significant legislation passed.

Legislation was passed to:

• Ratify the Uniform Sales and Use Tax Administration Act and to implement the uniform and simplified features proposed by the Streamlined Sales Tax Project;
• Reduce the legal blood alcohol limit for motor vehicle drivers and boat operators to 0.08;
• Prohibit misleading unsolicited commercial e-mails (Spam);
• Create the crime of terrorism and provide penalties therefor;
• Revise the Governor's emergency powers in the event of a terrorist or bioterrorist attack; and
• Revise the emergency powers of the Department of Health to respond to infectious or toxic agents that pose a significant health risk.

The Legislative Research Council is now in the process of surveying legislators regarding potential interim study topics. Interim study topics and interim legislative committees will be determined in April.
 

Mountain Region
Coordinator: Kirk Mlinek, Colorado
Arizona, Colorado, Idaho, Montana, New Mexico, Utah, Wyoming

Colorado-Budget and Transportation
by Cathy Eslinger, Research Associate II, Legislative Council

Budget discussions and long-term proposals for highways and transportation are dominating Colorado's 120-day legislative session. Legislators are working to reconcile priorities such as transportation and education in a climate of economic uncertainty and budget constraints. Recurring issues around gun regulation and access to health care, as well as new social concerns such as cloning and same-sex adoption, have added to the context of legislative debate.

Legislative economists and budget analysts in Colorado have projected a significant General Fund revenue shortfall for Fiscal Year 2001-02 and continuing weakness in the state economy. The bipartisan Joint Budget Committee, comprised of six legislators, reached agreement with the Governor on cuts to meet initial revenue projections, but is now faced with reducing expenditures at least another $230 million to prevent a budget shortfall. Governor Bill Owens has declared a state hiring freeze through the end of the fiscal year, as well as a freeze on state capital construction projects still in their early phases.

Amidst the budget discussions, transportation funding continues to be a major issue before the Colorado General Assembly. One proposal would increase the amount of sales and use tax revenues diverted for highway construction and authorize the Colorado Department of Transportation to establish nonprofit entities to operate new toll highways. Other transportation proposals are attempting to expedite voter approval of sales tax funding for alternative transportation projects in the Denver metropolitan area.

Alongside transportation funding, education funding will be determined in the second half of the session. With a voter-approved constitutional amendment now mandating minimum increases in K-12 education funding each year, legislators will also try to balance concerns about school capital construction and accountability measures.

A late session proposal on concealed handgun permits returns lawmakers to issues that have been among the most contentious in recent years. The bill would replace the current system of local authority with standardized statewide procedures and specifications for the issuance of permits. Another recurring policy area, health care, is again on the Colorado legislative agenda in 2002. Bills addressing long-term care and the rising cost of prescription drugs are providing the focus of much of the health care discussion this year.

Colorado legislators have also brought forward several issues that highlight recent national news and social concerns. They have introduced legislation prohibiting human cloning and prohibiting the issuance of birth certificates indicating two parents of the same gender. Colorado lawmakers have also debated whether to mandate the teaching of patriotism and whether to require a daily pledge of allegiance in public schools.

Idaho-Term Limits Repealed
by Katharine Gerrity, Senior Legal Analyst, LSO

The second regular session of the Fifty-sixth Idaho State Legislature convened on January 8, 2002, in a Statehouse barricaded following the September 11 attacks. Leadership had high hopes of conducting a short session in a year of unprecedented budget cuts, despite being faced with difficult issues, including term limits and school funding.

Following September 11, Governor Dirk Kempthorne directed that two major streets bordering the Capitol be barricaded and that additional cement barricades be placed around the perimeter of the Capitol building. State police were placed on duty at the Statehouse, along with Idaho National Guard and a contingency of private security guards. All exterior doors were closed to the public and employees, restricting entry to one guarded, secured entrance. Random bags were checked and entrants were questioned as to their intended business in the building. A disgruntled public flooded the local media citing their displeasure. Shortly after session began, amid extensive public pressure, one of the roads was opened and security measures were reduced. Recently it was announced that the remaining barricades would be removed.

In 1994, Idaho voters approved an initiative that limited the terms of office of all public officials in the State of Idaho. The U.S. Supreme Court voided the congressional term limits in Idaho's law in 1995, along with similar laws adopted in 15 other states. In 1998, voters approved the remaining term limits and in late 2001, the Idaho Supreme Court determined that the law was constitutional. With the governor promising a veto, the legislature responded this year by repealing the term limits law. Proponents claimed that influences from outside the state compelled the initiatives by convincing the public that term limits would be good for the state when, in fact, term limits would result in many small communities being left without qualified candidates to run for city, county and state offices. The governor vetoed the bill and the veto was summarily overridden. Following the legislative override, term limit advocates filed a referendum to overturn the legislature's repeal of the 1994 term limits law. Another group has filed an initiative to restore term limits for state office only. The groups will be seeking petition signatures and determining which alternative to pursue. The repeal is also being challenged in the courts.

Idaho's citizen redistricting commission failed on two occasions to come up with a plan that passed judicial muster. The commission began work on the first plan during the summer of 2001. That plan was rejected by the Idaho Supreme Court for violating the equal protection clause of the U.S. Constitution due to population deviations. The commission reconvened and came up with another plan that had a greater deviation than the first plan but it was also rejected by the Court for violating the United States and Idaho Constitutions. The commission was ordered once again to reconvene and come up with another plan that complied with constitutional requirements. The commission met on March 9 and within the day approved a plan within an acceptable range of deviation, days before candidate filing deadlines, which run March 25 through April 5.

The Legislature that had more money than it knew what to do with during the last session struggled with making ends meet this session. Tax collections repeatedly fell short of expectations, leaving the state with severe shortfalls and forcing the legislature to dip into a Capitol renovation account and the state's tobacco settlement funds. School funding was also subject to budget-balancing measures and became the focus of public concern, resulting in a rally that drew nearly 5,000 people to the steps of the Statehouse in protest. Despite public outcry, cuts of approximately $23.3 million in state aid to schools and $64 million in overall state spending were made.
Several items uniquely "Idaho" included a resolution calling for a cessation of violence in the Basque country and proclaiming the support of the State of Idaho for Basque self-determination. The Basque country is now divided into seven provinces, four of which are in Spain and three of which are in France. During the early part of the 20th century, many Basques left their homeland and immigrated to Idaho. The State of Idaho has long been known as the North American center of the Basque population and Idahoans of Basque heritage continue to maintain close ties to the homeland of their ancestors. The resolution unanimously passed the House. It was then that the issue drew national and international attention, prompting some revisions to the language of the resolution which later also passed the Senate. And, on a lighter note, the "potato" has been designated as the Idaho's state vegetable (yes, this tuber is classified as a vegetable by the USDA).

Montana-TV Montana
by Stephen Maly, Research Analyst, Legislative Services Division.

Television Montana: Uniting People and Government through the Power of Television. TVMT is a state public affairs television and Internet broadcasting services tablished through passage of House Bill 144 by the 57th Legislature in 2001.

The purpose of TVMT is to provide Montana citizens with increased and unfiltered access to unbiased information about state government deliberations through gavel-to-gavel coverage of the legislative process and through non-partisan, objective treatment of Executive and Judicial branch activities and events.
The service is housed in the state capitol in Helena. TVMT is governed by the Legislative Council and managed by legislative staff, who will issue a contract to a qualified non-profit organization for production services during the 2003 session.

TVMT is an outgrowth of an experiment in closed circuit TV coverage of House and Senate floor sessions in 2001. In addition, the audio signal from both chambers were "streamed" (transmitted) to a limited number of desktop computers inside and near the state capitol building.

The next phase of TVMT will, with sufficient financial support, provide much expanded coverage to a much broader television audience and to Internet users across the state. In 2002, the goal is to acquire the production equipment, computer technology, technical services, bandwidth, and transmission and distribution capabilities necessary to provide live, tape-delayed, and archived coverage of selected House and Senate hearings, as well as floor sessions, to households and classrooms in as many urban and rural areas of Montana as possible. The estimated cost is one million dollars.

Utah-Olympics Telecommuting
by Connie Steffen, Office of Legislative Research and General Counsel

During the 2002 Winter Olympics, the Office of Legislature Research and General Counsel engaged in a somewhat radical experiment and pulled it off well. Nearly 55 of 60 workers telecommuted, while a skeleton staff manned the office in the State Capitol. The Legislature took almost a two-and-a-half week break from session for the Olympics. Although no committee meetings or floor time were scheduled during the break, bills and amendments had to be researched, written, proofed, and printed for the Legislature's consideration during the one-and-a-half weeks of the session remaining after the Olympics.

The impetus for telecommuting was to alleviate traffic congestion in downtown Salt Lake City and workers' safety concerns. To prepare for nearly office-wide telecommuting, smaller groups of staff experimented with telecommuting in November and December. From those trials we learned what equipment, software, and processes were needed to maintain communications and to do our work, including research, drafting, bill processing and maintaining technology systems.

To maintain adequate communications, we found it necessary for each telecommuter to have a second telephone line or a cell phone. While using laptop or home computers, it was important to have an open telephone line for phone calls. Although a phone line was generally necessary to communicate with legislators, AOL Instant Messenger and email served the staff very well in communicating with each other. To allow us to accomplish our work efficiently, the IT staff loaded employees' laptops with software to enable telecommuters to connect to the state email system, access files on office servers and use custom applications for bill-drafting.
Telecommuting was optional, not mandatory, for the office staff. Each telecommuter was required to enter into a written agreement with the office specifying the terms and conditions of telecommuting, including having a second telephone line or cell phone and working office hours. Nearly everyone offered the option of telecommuting did so during the entire Olympic break. A few staff members were required to work in the office, including receptionists to receive visitors and field phone calls and secretaries to fax documents.

From an employee point of view, telecommuting went well. Staff members were able to get their jobs done, although some tasks took more time due to the much slower speed of at-home Internet connections. More importantly, telecommuting seemed to work for our clients, the legislators. If it hadn't, it would have been abruptly terminated.

West Region
Coordinator: Jim Stembridge, Oregon
Alaska, California, Hawaii, Nevada, Oregon, Washington

Nevada-To Build or Not to Build
By John Meder, Senior Research Analyst, Legislative Counsel Bureau

Construction of a high-level radioactive waste repository at Yucca Mountain has been a concern to Nevadans for many years. It recently became an issue of very high attention when President George W. Bush forwarded a site suitability recommendation to Congress on February 15, 2002. The President's recommendation is an important step in developing a permanent repository for the disposal of the nation's spent nuclear fuel from civilian nuclear power plants and high-level nuclear waste from government weapons programs.

The site recommendation process was established by the Nuclear Waste Policy Act (NWPA) of 1982. As amended, NWPA requires the U.S. Department of Energy (DOE) to conduct a study determining if Yucca Mountain is suitable to house a nuclear waste repository. Earlier this year, Secretary of Energy Spencer Abraham notified President Bush that the Department determined Yucca Mountain is a suitable site for a repository. After reviewing and agreeing with the Secretary's site recommendation, President Bush forwarded his site suitability recommendation to Congress.

The NWPA further requires that the State's Legislature and Governor be notified when the President sends a site suitability recommendation to Congress. The President's action triggers a 60-day clock, which provides the Legislature or Governor the opportunity to disapprove of the site recommendation by transmitting a "Notice of Disapproval" to Congress. A Notice of Disapproval, or state veto, indicates that the state opposes the project and is not willing to house a nuclear waste repository. Unless Congress overrides the state's veto by a majority vote in both houses, the project dies. Governor Kenny Guinn will submit a Notice of Disapproval to Congress during the authorized 60-day response period.

Nevada's Legislature also strongly opposes the proposed nuclear waste repository at Yucca Mountain. Since Congress amended the NWPA in 1987 and designated Yucca Mountain as the only site in the nation to be characterized, the Nevada Legislature has consistently resisted the program. Over the years, the Legislature has enacted eight different measures strongly opposing Yucca Mountain as a repository. Most recently, the 2001 Session adopted Senate Joint Resolution No.6, establishing the Legislature's official position and reconfirming its vehement opposition to the Yucca Mountain repository project.

In 1985, the Legislature created the Nevada Agency for Nuclear Projects (NANP), an executive branch agency directed to aggressively and critically assess scientific studies on Yucca Mountain conducted by the DOE and to perform independent scientific research of its own where necessary. Also, a Legislative Committee on High-Level Radioactive Waste was created, composed of eight members (four from the Assembly and four from the Senate). The committee was charged with general oversight of the Yucca Mountain Site Characterization project and submitting appropriate recommendations to the Legislature.

The NANP's independent review and research varies from the DOE, the Secretary of Energy, and the President. The state concludes that, based on scientific research, Yucca Mountain is not a suitable site, as there are too many uncertainties in DOE's research concerning possible seismic activities, volcanic events, and fast water pathways within the mountain. Also, DOE has not properly addressed transportation. Nuclear waste may travel through at least 42 states, which could affect as many as 109 cities with a population over 100,000 before arriving at Yucca Mountain.

Nevada Legislators and other elected officials oppose the Yucca Mountain repository project. Currently, the Nevada Congressional Delegation is lobbying its colleagues to gain support to uphold the Governor's state veto. If Congress overturns the state veto, Nevada will challenge the DOE's license application to the Nuclear Regulatory Commission. In addition, every other possible opportunity to challenge the repository program in the court system will be pursued by Nevada's government officials.
 

Oregon-Tactical Plan for Staff
By Jim Wiles, Manager, Legislative Committee Services

Wow, sixteen years in private industry, and now I am a public servant. Culture shock, you better believe it. A good move for me, absolutely!!
I arrived in the Committee Services office of the Oregon Legislature in July 2001 with the stated task of providing a managerial structure in an environment that did not have a manager for over 5 months. I was hired not because of my technical skills in the legislative process, but rather for my management experience I had obtained over the years. It was believed that I could come into the organization and provide some guidance and direction.

Well, I arrived and quickly found that I was inheriting an organization that was filled with extremely talented, committed, bright professionals who individually were stars, but as a group, lacked common goals, defined products and a mission. Each person had a clear understanding of what they needed to do to be successful, but as a unit, there was no consistency. Because of this, it was extremely difficult to share with members, the leaders, caucus offices, other legislative agencies and their staff exactly the value we as an organization brought to the legislative process. In fact, there were some in influential positions that questioned whether this office should exist at all. Although unsettling, this was not a surprise since I had been warned about these opinions prior to taking the job. It was apparent to me though that Committee Services did provide a tremendous value to the legislature, so without hesitation, I accepted a job that I saw as a wonderful challenge and opportunity.
It was July 2, 2001, my first day on the job, and all I could think of was now what do I do? The question I began wrestling with on that first day was how could I possibly set a direction for a group of professionals when many of them have been involved in the process for years, and I had just walked through the door that morning? After staring blankly out the window, I realized the answer was easy. All I had to do was ask the people who had the answers - those on my newly acquired staff.

To do this, the vehicle I thought best to use is a tool I have used often in building a plan of direction - that tool being a Tactical Plan. With this decided, I quickly found a facilitator who could help us build the plan and then scheduled a date. I liked a tactical plan because it allowed me the opportunity to pull together the unit and provide them an environment that let us build our common direction as a team. The final product we produced was a document of which everyone had ownership. It was a document that helped us understand the day to day activities we need to do to provide value and accountability to our customers. It clearly outlined in priority what our objectives are so that every single person in the office could clearly articulate what it is we do and what value we provide as an organization.

The tactical plan process was quite simple. We locked ourselves in a room for 1 1/2 days, and started the session off by listing all challenges we face as a unit that prohibit or limit us from providing value to our customers. This was an interesting exercise, and our list quickly grew to over 50 identified challenges. The group then put the challenges aside, and began writing a list of all the tasks and objectives we would like to do, and should do, as a unit. This list also grew quickly and was quite large. Once we had exhausted all ideas, we pulled the challenge list out again, and began aligning that list with our task and objectives list. We looked at each objective and asked ourselves the question "if we do this objective, what challenge(s) will it help us address"? We did this for each objective, and to our delight, we were able to clearly identify what we needed to do to either reduce or eliminate a challenge area. Where we had challenges that were not addressed by a listed objective, we quickly asked ourselves what we needed to do to overcome that challenge. After an edit, we ended up with 31 specific objectives that we wanted to tackle as a unit. The 31 tasks were assigned on a volunteer basis to various staff, who gave a proposed date for completion of their task.

When building a plan like this, an organization always runs the risk that once completed, the plan will sit on a book shelf in a beautiful three ring binder, never to be looked at again. I am happy to report that this problem had been identified as one of our challenges, and as a result, one of the 31 objectives was to build an accountability plan to ensure we implemented the tactical plan. We have stayed true to that plan, and as of March 2002, we have successfully completed 12 of the objectives - all within the committed timeframe. The remaining objectives have due dates that are scattered throughout the remainder of this year.

As employees of the State of Oregon, I feel that it is our responsibility to build value, credibility and accountability into the offices in which we work. We should have the knowledge and ability to explain to any taxpayer exactly what we do, and have the confidence that that taxpayer will walk away knowing that the money spent in our organization is a good use of taxpayer dollars and resources. The tactical plan helped us to where I believe each individual in this unit can do exactly that.

Washington-Contracting Out for State Services
by Katie Blinn, Counsel, House State Government Committee

The Washington State Legislature passed a civil service reform bill during the 2002 legislative session that binds the issue of collective bargaining with the state's ability to contract out for services.
SHB 1268 allows collective bargaining units to bargain over wages, hours, and other terms and conditions of employment. The collective bargaining agreements are negotiated with each exclusive bargaining representative by the Governor's office on behalf of each state agency, and the dates and duration of the agreements must coincide with each fiscal biennium. The terms of the agreement are submitted to the Legislature as part of the Governor's proposed budget, which the Legislature must adopt or reject as a whole. The new collective bargaining agreements may take effect July 2005.

The bill also authorizes greater contracting out by state agencies. Washington law previously prohibited agencies from contracting out for services that were regularly and historically provided by classified state employees, and prohibited agencies from executing or renewing any contract that would effectively terminate classified state employees. Under the bill, agencies are permitted to contract out if they can demonstrate that the contract would lead to savings or efficiencies, and if the contract meets other criteria, such as requiring the contracting entity to consider employing displaced classified employees. State employees may competitively bid for the contract by forming employee business units, and are trained in the bidding process. The contracting out provisions take effect July 2005.

The Territories Region
Coordinator: Tony Cabrera, MP
American Samoa, Guam, Northern Mariana Islands, Puerto Rico, Virgin Islands
 

No news this time from the Territories.