When Jeanne Mejeur, our NCSL staff person, e-mailed me to ask if I could write the required column for this issue of the newsletter my first reaction was, "Yikes. There are 26 days, 8 hours, 56 minutes, and some seconds to go (but who's counting?) in the Maryland General Assembly's session, stuff is flying all over the place, we've got big issues, little issues, big crises, little crises, brush fires to stomp out, medium and long range planning to do (not to mention paying attention to the NCAA tourney), and I should be thinking about a column for RACSS?" Then I realized that I was experiencing the normal legislative staffer reaction to having one more task piled on an already overloaded plate, so I shrugged and reached deep into my vast reservoir of legislative experience to begin this magnificent opus.

Now I don't want to give you the impression that I dislike working for the legislature. In fact, I have a hard time imagining being anywhere else. I think working for the legislative branch at the state level is one of the more rewarding experiences anyone inclined toward public service can have. Our state legislatures are the basic cornerstone of our representative democracy, the nexus between the federal and local levels of self governance. Whether you are nonpartisan or partisan staff, there is a great deal of satisfaction to be had from assisting the legislature to fulfill its constitutional responsibilities.

A way to enhance your satisfaction is to take advantage of everything NCSL has to offer. In addition to providing useful information, NCSL provides many opportunities for professional development. One of the ways these opportunities are provided is through the staff sections. The RACSS Executive Committee is already working on the Staff Section's program for the 1999 Annual Meeting in Indianapolis. Planning has also begun for the Senior Professional Development Seminar, which will be held in Charleston, South Carolina, in conjunction with the Legal Services Staff Section (LSSS). This past year we teamed up with LSSS in St. Paul, and by all accounts, we had the most successful seminar yet. We are hoping for a replay of that success. If you have ideas for the Seminar program, please feel free contact any of the Program Planning Committee members.

Also, the Awards and Nominating Committees have been appointed and are ready to begin their work. If there is someone you wish to nominate for the Legislative Staff Achievement Award, please contact Larry Barish, who has graciously agreed to chair the Awards Committee. If you are interested in serving on the RACSS Executive Committee, I am sure Bob Erickson would be pleased to receive your letter of interest.

So, in closing, thanks to all of you who made this newsletter possible and who donate their talents and energies to making RACSS work for all research, committee, and policy staff. Well, gotta go. There's a brush fire that needs my attention. I hope to see you all in Indianapolis!

Nominations Sought For 3^rd Annual Legislative Staff Achievement Awards

RACSS Chair Karl Aro has appointed a committee to solicit nominations and make recommendations for the 1999 Legislative Staff Achievements Award (LSAA) for the Staff Section. The Committee is comprised of Terry Anderson from South Dakota, D'Ann Mazzocca from Connecticut, David Sallach of New Jersey, and is chaired by Larry Barish of Wisconsin. The LSAA was instituted in 1996 as a way to recognize excellence in legislative staff work by individuals or staff offices.

Each staff section and the staff chair of the Assembly on State Issues may recognize up to 2 individuals or offices. Previous RACSS recipients include Joyce Honaker and Carvel Payne in 1997 and Allan Green and Larry Barish in 1998. You can view information about past RACSS award recipients on the RACSS Home Page at http: //www.ncsl.org/programs/lis/racss/98award.htm.

The 1999 awards will be presented at the NCSL Annual Meeting in Indianapolis in July.

Please submit your nominations, along with a brief description of the accomplishments of the individual or office being nominated, to Larry Barish, Research and Information Manager, Wisconsin Legislative Reference Bureau, P.O. Box 2037, Madison, WI 53701-2037, or phone: (608) 266-0344; fax: (608) 266-5648; or email: larry.barish@legis.state.wi.us.

Connecticut Staffer Fills Vacancy on RACSS Executive Committee

Cora Chua, Legislative Counsel for the Connecticut Commission on Children, has been appointed to fill the vacancy left by the resignation of Dianna McClure from the RACSS Executive Committee. Dianna retired from the Kentucky Legislative Research Commission at the end of February. Cora will fill out the remainder of Dianna's term, which expires in July, 1999.

RACSS officers and members join in thanking Dianna for her two years of service on the RACSS Executive Committee, helping plan programs and activities for the Staff Section, and also serving as a Regional Coordinator for the RACSS Newsletter. We wish Dianna a happy retirement!

We also welcome aboard Cora, who has already been working with the Executive Committee in developing programs for this year's Annual Meeting. She brings new ideas and lots of enthusiasm to the Executive Committee.

Cora is a graduate of the University of Maryland Baltimore County and the American University Washington College of Law. After her graduation from law school, she worked for the Connecticut General Assembly as Counsel for the House Republican Research Office. Cora is currently the Legislative Counsel for the Connecticut Commission on Children. The Commission on Children was created with bi-partisan support in 1985 by an act of the Connecticut General Assembly to research, recommend, implement, and promote public policies in the best interest of children.

Cora has also been active with the National Conference of State Legislature (NCSL) as the New England Regional Coordinator for the Research and Committee Staff Section and attended the NCSL 1998 Annual Meeting in Las Vegas, NV.

She has collaborated with NCSL on several issues impacting the state of Connecticut to inform and educate legislators and the general public regarding child care, education, literacy and adoption. Cora continues to be an active participant in NCSL and looks forward to working with the RACSS Executive Committee.

camping scene

Two Weeks at "Camp" LSMI

by Lynne Porter,
Department of Legislative Services
Maryland General Assembly

camping scene

On the lighter side, I think few would disagree with me that the Legislative Staff Management Institute (LSMI) could be likened to the communal-like, life experiences most of us have probably had--if not in childhood at a stay-away camp, then in young adulthood, as students in a college dormitory. There is that Spartan dorm room with few luxuries, the communal bath, eating on a schedule not necessarily your own, relying on your own ingenuity (and stamina), deprived of the convenience of an automobile, or participating in some "illicit" activity like sneaking a cigarette or enjoying a glass of wine. But then there were those challenges: getting all that reading done; systematizing what you do daily at work without thinking about it; and confronting your own personal shortcomings or idiosyncrasies. And there were shared experiences and friendships forged that made all the "inconveniences" fade away from memory. Like those days at summer camp or the time spent during college years, most of us who attended LSMI 1998 agreed that we would never be so fortunate as to have another experience like this one.

LSMI is a two-week retreat for senior legislative staff where the curriculum, focused almost exclusively on the legislature as an institution, is designed to immerse staff in organizational and conflict management theory and the practical application of those theories to the legislative environment. Participants live in the dorm and attend classes daily which are held at the Humphrey Institute, the University of Minnesota, Minneapolis campus. Most of the faculty teach at the campus; at least one is staff of NCSL.

Generally, Week One of the course is spent learning theory in a series of lectures, and Week Two is spent applying those theories to case studies and in simulations. The case studies are included as part of the course reading material for group discussions. In the simulations, participants are given a set of criteria and circumstances relative to themselves as legislative staffers, their colleagues, and legislators, and similar information relative to an "opponent." As part of the simulations, staffers must resolve conflicts between opposing sides on an issue, developing a durable agreement with which both sides can live. Each day of the retreat begins with a "warm up" where the participants share ideas about the previous day's lectures, readings, or activities. The lectures take place all day with a break for lunch. There is assigned reading most nights. You are expected to complete your reading and simulation assignments on your own time, evenings and during the weekend.

While the simulations are developed in a legislative context, e.g. participating in negotiations between opposing sides of an issue or resolving an organizational problem such as the allocation of staff and resources, the underpinning of the theories is that, irrespective of context, most human interaction is characterized by "conflict." In managing and resolving conflict in the work environment, or even in one's personal life, one must consider that any person's approach to conflict, its management and resolution, is driven by the complexities of that person's personal "makeup" and "world outlook." Effective management and resolution of conflict, i.e. formulation of strategies to resolve same, must take into account these various complexities.

Participants in LSMI are both partisan and nonpartisan staff from all over the country. They are legal, fiscal, and administrative staff. Their functions range from drafting legislation and staffing committees to analyzing budgets and evaluating programs or administering legislative support agencies such as the Chief Clerk's Office. Some participants are already managers; some are bridging the gap between senior staff and management positions.

I believe LSMI is a "must" for any legislative staff person in a management position or any senior staffer aspiring to become a manager. It affords one the opportunity to reflect on the role of the legislature, its component parts, organizational issues, and one's own role and future in the institution. LSMI will help to sharpen your skills with respect to setting goals and devising workable, flexible strategies to attain those goals, whatever they may be. LSMI encourages one to be creative and to "think outside of the box."

Indianapolis Annual Meeting 1999

RACSS 1999

Annual Meeting Programs

July 24 - 29, 1999
Indianapolis, IN

RACSS will be presenting several programs during the 1999 NCLS Annual Meeting in Indianapolis, as well as holding the annual RACSS Business Meeting and election of officers. The Annual Meeting dates are July 24 - 29, 1999. This Annual Meeting will also begin the year-long celebration of NCSL's 25^th Anniversary.

RACSS Officers and Executive Committee members recently met via conference call and have selected the following topics for RACSS programs at the Annual Meeting:

w Indiana's Political History

w Legislative Staff Services in Indiana and Tour of the Indiana State Capitol

w New Member Orientation Programs

w Stress Management

w Dutch Treat Dinner

w Business Meeting and Election of Officers

Additional information about RACSS programs and the NCSL Annual Meeting will be in the summer newsletter and on the RACSS Home Page on NCSL's web site.

Training for Newer Staff At The Skills Development Seminar

August 25-28, 1999
Boulder, CO

If you're relatively new to the legislative staffing arena and you'd like to enhance your research and policy analysis skills, while at the same time meeting legislative staff from other states, the Skills Development Seminar is your opportunity! This year the seminar will be held from August 25 through August 28 at the Regal Harvest House in Boulder, Colorado, northwest of Denver and located with a fantastic view of the Rocky Mountains.

The Skills Development Seminar is a broadly-focused training seminar for junior legislative staff, designed for staff who've been in the legislative environment for two or fewer years or staffers who recently transferred to their positions. The seminar uses small groups and an informal atmosphere for its sessions, and it promotes basic skills with interactive, hand-on exercises.

The seminar holds day-and-a-half long sessions in four separate skill areas: research and policy, bill drafting, fiscal analysis, and program evaluation. In addition to the four tracks, the seminar also offers plenary workshops on writing and presentation skills.

Research and Policy Track has New Look

RACSS is the sponsor of the research and policy track and is pleased to have two new faculty for the program. Mary Janicki, Principal Research Analyst for the Connecticut Office of Legislative Research, and Bryant Howe, Research Analyst for the Utah Office of Legislative Research and General Counsel, are slated to serve as the new faculty team for the research and policy track. Mary and Bryant are both experienced speakers, who have presented programs for RACSS in the past. They bring a wealth of experiences from their legislatures to share with participants and have completely revised the outline for the research and policy track, with a focus on practical and hands-on research skills.

For more information on the Skills Development Seminar, contact Bruce Feustel in NCSL's Denver office, by phone at (303) 364-7700, or e-mail at bruce.feustel@ncsl.org.

International Map

Hosting International Visitors

By David Hite
Legislative Council, Colorado

Once or twice a month for more than twenty years, Legislative Council Staffs in Colorado have hosted visits to the legislature by delegations from around the world. In the great majority of cases, these events have been rewarding for both visitors and hosts. And as a result, I would suggest that legislative staff should always welcome the opportunity to speak with foreign visitors.

A discussion with a foreign visitor brings several rewards. First, since quite a number of visitors are from emerging democracies, there is a great interest in our legislative process. In varying degrees these discussions underscore the notion that our legislatures really are laboratories of democracy. Whether the state is large or small, observing state legislatures seems to be more instructive than visits to Washington, D.C. Secondly, responding to questions from foreign visitors often deepens your understanding and appreciation for our system of representative democracy as well as challenges your ability to explain our decentralized, federal system. Finally, discussions with foreign legislators and staff provide a quick lesson in comparative government, and a wonderful opportunity to meet often very interesting personalities. The best conversations are those that leave enough time to hear about what is going on in the visitor's country.

Foreign visitors are both fascinated and confused with the decentralized nature of our system of government. How does Colorado operate with a system that includes 63 counties, 176 school districts, a couple hundred municipalities, and more than a thousand special districts? With credit to my daughter's middle school civics teacher, I often distribute the following general breakdown of responsibilities between powers resting in Washington, D.C., and those residing with state governments.

Powers Delegated to the National Government: coin money; regulate interstate and foreign trade; conduct relations with foreign countries; establish post offices; govern territories and admit new states; grant patents and copyrights; maintain the armed forces; declare war and make peace; establish immigration and naturalization laws; fix standards of weights and measures; and make all laws necessary and proper for carrying out all delegated powers.

Powers Denied to the National Government: tax articles exported by the states; and give preference to the trade of one state over another.

Powers Reserved to the State Governments: provide for local governments; conduct elections; make laws about contracts, wills, and domestic relations (divorce); provide for and supervise schools; regulate commerce within the states; ratify constitutional amendments; and assume power not granted to the United States nor prohibited to the states.

Powers Denied to the State Governments: negotiate or sign separate treaties with other nations; coin money; impair the obligation of contracts; tax imports or exports without the consent of Congress; and maintain troops or warships without the consent of Congress.

Concurrent Powers: tax; borrow money; charter banks; pass bankruptcy laws; establish courts; build roads; promote agriculture, industry, and science; protect the health, safety, and morals of the people; take property for public purposes; and pay debts. Among the other things we have learned in Colorado is that foreign visitors like to talk with legislators, and, time permitting, state legislators enjoy interacting with foreign legislators. If legislative rules allow and you are in session, introduction of a visitor or delegation to the legislative body is regarded by guests and hosts as something very special. As a way of identifying those visitors Colorado legislators might be interested in talking with, staff distributes a letter asking legislators to list the countries they are most familiar with, have ancestral ties to, or have visited. The response from legislators has been very positive.

We have also learned that you don't need a budget to host foreign visitors. Visitors do not expect to be taken to lunch or dinner or presented with gifts, although a small gift of a lapel pin or publication on your Capitol or state is appreciated. And as host, you quite often are given some small gift in return. In the end, the best gift to them is your time and interest in informing them about state government, the legislative process, and your desire to learn about them as individuals and representatives of their country.

Seeking Nominations For RACSS Offices

Members of the Research and Committee Staff Section who are interested in serving on the RACSS Executive Committee or are interested in running for the office of Vice-Chair should notify the Nominating Committee by May 7, 1999. The Nominating Committee must present a slate of candidates at the RACSS Annual Business Meeting, to be held in conjunction with the NCSL Annual Meeting in Indianapolis.

The 1999 Nominating Committee is chaired by RACSS Vice-Chair Bob Erickson, (NV). Members of the Nominating Committee are immediate past Chair Diane Bolender (IA) and Joyce Honaker (KY).

Under the RACSS bylaws, the Vice-Chair automatically succeeds to the office of Chair. The Nominating Committee must then propose a candidate for Vice Chair and two directors, each to serve two-year terms on the RACSS Executive Committee. Directors whose terms are expiring may choose to run for a second consecutive term. The immediate past Chair remains on the Executive Committee for a one-year term.

The RACSS Executive Committee is responsible for planning and carrying out a program for the Staff Section at the Annual Meeting of NCSL and for planning programs for other NCSL meetings as the Executive Committee deems feasible; for keeping the membership of the Staff Section informed of activities relating to the Staff Section; for working with the Staff Section Secretary to develop and implement seminars for members of the Staff Section, including the Skills Development Seminar for new legislative staff and the Senior Professional Development Seminar for senior legislative staff; and for recommending actions to the Staff Section at the Annual Business Meeting.

The Chair and Vice Chair of RACSS also represent the Staff Section as members of the Legislative Staff Coordinating Committee of NCSL and become involved in decisions regarding the role of legislative staff in NCSL. Members of the Executive Committee should be able to travel to at least one of the meetings at which RACSS presents programs: the NCSL Annual Meeting or the Fall Assembly on State Issues meeting, and are encouraged to attend the RACSS Professional Development Seminar.

If you are interested in placing your name before the nominating committee, please write a letter to Bob Erickson, Chair, RACSS Nominating Committee, in care of Jeanne Mejeur at NCSL. Your letter must be received in the Denver office by Friday, May 7, 1999. The address is:

NCSL
RACSS Nominating Committee
Bob Erickson, Chair
c/o Jeanne Mejeur
1560 Broadway, Suite 700
Denver, CO 80202

In selecting candidates for the slate, Nominating Committee members will review a candidate's prior legislative experience and NCSL activities, including activities relating to RACSS meetings and sessions. A telephone interview with the Nominating Committee may be required. The Nominating Committee will also consider geographic balance on the Committee as well as other factors relating to the diversity of the membership of the Executive Committee.

Invitation to the Spring ASI Meeting

March 1, 1999

Dear Legislative Staffer:

As the Staff Chair of the Assembly on State Issues (ASI), I invite you to attend the ASI Spring Meeting in Jacksonville, Florida, April 9-11, 1999. In addition to informative sessions, the meeting provides a great opportunity for you to share ideas, insights, and information with your staff colleagues from around the nation.

The focus for the plenary sessions on Saturday and Sunday is designed to help legislators and staff to prepare for the challenges and changes of a new century. The plenary session speakers will discuss the changing face and age of Americans and how these changes will affect state legislatures and public policy.

Several special programs have been scheduled for Friday, April 9 and Saturday, April 10. Each of the programs focuses on a timely topic for state legislatures. These programs include a one-day seminar on ways to reduce juvenile crime in the next millennium (with Janet Reno invited to give a late afternoon presentation on crime and kids), a one-day seminar on Year 2000 issues, and a National Summit of the Low-level Radioactive Waste Working Group to assess radioactive waste disposal in the United States. On Saturday, the agenda includes a tobacco settlement briefing in which speakers will discuss the latest details of implementing the settlement and the actions by the federal government to recoup money from the states.

The eight committees and one task force of ASI will hold timely and informative sessions on Saturday. Their different topic areas include Economic and Cultural Development; Children, Families, and Health; Communications and Information Policy; Criminal Justice; Education; Fiscal, Oversight, and Intergovernmental Affairs; Legislative Effectiveness; and Science, Energy, and Environmental Resources. The Redistricting Task Force will also meet. You don't need to be a member of these committees and task forces to attend any of these sessions.

To receive a copy of the meeting agenda (as well as registration and housing information), please call NCSL's fax on demand number (800) 380-7280 and request Document 106. This information is also available through the Internet on NCSL's web site (www.ncsl.org/public/asicmtes.htm). The information available through these two sources will be continually updated as additional details are available.

I look forward to seeing you in Jacksonville.

Diane Bolender

ASI Staff Chair

LSCC

Update On Legislative Staff

Coordinating Committee Activities

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

This year the Staff Chair, Tom Tedcastle of Florida, has 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 in Indianapolis.

The Task Forces held meetings at the LSCC meeting in New Orleans in January. Following are overviews of the activities of each of the task forces.

Task Force on Promoting and Developing Professionalism for Legislative Staff

The Task Force, chaired by Bill Marx of Minnesota, charged with promoting and developing professionalism for legislative staff, discussed the trainer data base which is has been initiated at the request of LSCC and which lists and evaluates presenters and their topics at staff section professional development seminars. The Task Force discussed adding lists and evaluations for presenters appearing before ASI committee meetings. NCSL staff will review maintaining the enhanced list. The Task Force discussed liability issues relating to the lists. The Task Force also discussed and will continue to discuss establishing a program in which NCSL would coordinate legislative staff exchanges between states in which the staff from the two or more states might provide each other with technical assistance. The LSCC endorsed a concept which would provide a fellowship in the Washington, D.C. office for legislative staff on children's health issues. In order for the fellowship to be established, grant funding must be awarded. The Task Force reviewed the evaluations and reports from the various staff section professional development seminars and concluded that they provided valued substantive programs and networking opportunities.

Task Force on Promoting, Developing and Improving NCSL Services and Products

The Task Force, chaired by RACSS member Joyce Honaker of Kentucky, charged with promoting, developing, and improving NCSL services and products, created a sub task force to follow the completion of the CD-ROM being developed to introduce legislators and staff to NCSL services and activities. It is anticipated that the CD-ROM will be demonstrated at the next LSCC meeting and will be finalized by the Annual Meeting. The Task Force reviewed the NCSL website redesign effort, which will provide ease of navigation and will be more manageable for legislators and legislative staff. The Task Force will review assistance to the international programs and evaluate services to staff sections at future meetings.

Task Force on Promoting Public Service and the Legislative Institution

The Task Force, chaired by Ramona Kenady of Oregon, charged with promoting public service and the legislative institution, analyzed current civic education efforts of NCSL and will be surveying states to ascertain the extent to which states have produced videos about their state legislatures and their effectiveness. The Task Force plans to issue an analysis of the videos with suggestions for producing successful videos. The Task Force will develop criteria and a plan for implementing an award to a state legislature that has developed a conscious program for educating citizens about the state legislature. The Task Force has also developed a story line for a video describing a day in the life of a legislator and will pursue various avenues for producing the video. It also will work with the National Council for the Social Studies and with other teachers' organizations to develop assistance for teachers' and kids' state legislative webpages that would be maintained by the individual state legislatures. The Task Force has determined that an NCSL publication completed in the mid-1990's relating to educating citizens about the legislature should be updated.

Task Force on Planning and Designing the Legislature of the Future

The Task Force, chaired by Max Arinder of Mississippi, charged with planning and designing a legislature for the future, met at the Assembly on State Issues in Washington, D.C. and attended a session on planning for the future. The Task Force looked at the history of state legislatures from 1960 to the present and talked about what might be changing. They will be establishing critical forecasting areas. Then the Task Force will produce a series of abstracts for those critical forecasting areas. They hope to bring legislators into the process to react to the forecasts. They plan to have Alan Rosenthal work with the Task Force in developing the core values areas.

Charleston, SC

1999 Senior Professional Development Seminar

Charleston, South Carolina
Sept. 30 - Oct. 2, 1999

The Research and Committee Staff Section Executive Committee is busy planning its fall Professional Development Seminar for Senior Staff, to be held in Charleston, South Carolina from September 30 until October 2. Last year's seminar was such a great success as a joint venture with the Legal Services Staff Section that the Executive Committees of both staff sections have agreed to a repeat performance!

Plan to attend this fall. The seminar will be held at the Charleston Sheraton located near the historic district. Many valuable and informative sessions are planned to help senior staff enhance their skills, and there are many opportunities to network with staff from other states.

Last year's seminar included sessions on writing, ethics, the role of the legislature, conflict resolution, statutory construction, and statistics. While planning for this year's seminar has just begun, the committee plans on building on the successful elements of last year's programs, again including nationally-recognized speakers and interactive sessions.

The 1999 seminar is being coordinated for RACSS by Bob Erickson, Staff Section Chair-elect and Director of Research for the Nevada Legislative Council. RACSS Executive Committee members Debbie Terlip (OK) and Cora Chua (CT) are also serving on the committee, along with Alice Boler Ackerman (CO) and Marcia Goodman (CT), representing the Legal Services Staff Section.

Additional details about the program will be provided in the summer newsletter, as well as in the seminar brochure and on the RACSS and Legal Services home pages.

Proposed Changes to the RACSS Bylaws

RACSS members will be considering changes to the staff section bylaws at this year's annual Staff Section Business Meeting in Indianapolis. It became apparent when a vacancy occurred on the RACSS Executive Committee that clarification was needed in the bylaws regarding vacancies.

Proposed changes are shown in upper case, under Article II, Executive Committee, Directors.

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 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 directors shall be elected each even-numbered year and two 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 ELIGILBLE 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.

Adopted July, 1996, St. Louis, Missouri

Amended July, 1998, Las Vegas, Nevada

Call for Submissions to the

Journal of the

American Society of Legislative Clerks and Secretaries

Officers of the American Society of Legislative Clerks and Secretaries have asked that the following article be shared with members of the other NCSL staff sections.

The members of ASLCS first conceived the idea of a professional journal in 1982, and that vision was finally realized thirteen years later. The Journal of the American Society of Legislative Clerk's and Secretaries published its first edition in the Fall of 1995. Since that time, the Journal has been published twice annually, appearing in the Spring and in the Fall of each year. The Journal reaches more than 800 subscribers, and it can be found in most of the legislative libraries around the country.

The Journal welcomes manuscripts which would be of interest to legislators and legislative staff. It provides a forum to share experiences, expertise and opinions on a wide variety of topics, including parliamentary procedure, technological developments, legislative management, and a host of other subjects that would be of interest to those who work in a legislative environment. The Journal has published articles regarding chamber automation, Capitol preservation, making effective legislative presentations, staff relationships with the press, legislative oversight, strategic planning, performance budgeting, and many others.

While many of the contributing authors have been members of the Clerk's Society, we strongly encourage members from other NCSL staff sections to submit articles to the Journal for publication.

We hope that you will consider writing and submitting an article for publication, and that you will encourage your colleagues to do so. All articles submitted to the Journal for consideration will undergo a review process. The Editorial Board will comment on the articles and the Editor will notify the author of acceptance or of the need for revisions. Articles should be submitted in either Word Perfect 5.1 or Word 6.0 format.

Authors may submit their work to the Editor via computer diskette or via e-mail attachment. Please send submissions to George Bishop, Deputy Clerk, Virginia House of Delegates P.O. Box 406 Richmond, VA 23218 e-mail: gbishop@house.state.va.us. For additional information, please call: (804) 698-1551

Editor's Note: Past issues of the Journal can be viewed on-line at http://www.ncsl.org/ legis/aslcs/cshome.htm.

Regional News

Following are stories from around the states, gathered by our network of Regional Coordinators and State Contacts. A special thank-you to all who contributed to this edition of the Regional News!! If you have an article you'd like to contribute, please contact the Coordinator for your region:

New England Region-Cora Chua, (860) 240-0075

Mid-Atlantic Region-David Sallach, (609) 984-0231

South Region-vacant

Great Lakes Region-David Lovell, (608) 266-1537

South Central Region-Willa Black Sanders, (501) 682-1937

Northern Plains Region-David Ortbahn, (605) 773-3251

Mountain Region-David Hite, (303) 866-3521

West Region-Anne Tweedt, (503) 986-1496

New England Region

New England Region

Connecticut, Maine, Massachusetts,

New Hampshire, Rhode Island, and Vermont

Connecticut-Staff and Members Have New Training Opportunities
by Mary Janicki

The Office of Legislative Management's Training and Staff Development Coordinator, Jim Tamburro, has announced a training initiative for all staff and legislators, too. The program is the result of a staff task force recommendation suggesting the opportunity for professional development within the Connecticut General Assembly. Staff can attend half-day, one- or two-day training programs and can work toward a certificate. Five certificate programs for professionals, legislative aides, session and interim employees include core courses and electives. A Development Guide describes the in-house training program intended to develop management skills and professional performance and to increase staff support and collaboration.

The classes cover topics for all levels of employee experience and positions, such as managing priorities, legislative basics, and correcting performance problems. Any office can identify training needs and work with Jim to take advantage of an existing program, create a customized program, or bring in another resource.

There is also a series of programs for legislators that includes sessions on making presentations, critical thinking and problem solving, and tax issues for state legislators.

Training programs are planned year round to accommodate busy staff and legislators' schedules.

Mid-Atlantic Region

Mid-Atlantic Region

Delaware, Maryland, New Jersey, New York,

Pennsylvania, Virginia, and West Virginia

Maryland-Spending the Tobacco Settlement
submitted by Karl Aro

As is the case in many states, Maryland's General Assembly is debating how to spend the funds it will receive from the tobacco litigation settlement. While the issue is far from resolved at this writing, there are a number of bills which deal with the subject under consideration. The following summary of tobacco legislation is taken directly from the Weekly Wrap-Up, a weekly document produced during the annual legislative session by the Department of Legislative Services.

HB 667 has been scheduled for a hearing on March 17. This proposal would amend the Maryland law that regulates the selling, shipping, and transporting of cigarettes within the State by extending licensing requirements and tobacco taxes to cigarettes sold via the Internet.

How to spend the State's share of the tobacco litigation settlement money is the target of several bills now moving through the process. Maryland expects to receive $175 million in fiscal 2000, $224 million in fiscal 2001, $142 million in fiscal 2002, and $138 million in fiscal 2003 in settlement money.

The Governor has included $54.3 million of the expected settlement payment in the Budget Bill (HB 120) for:

w education and awareness programs to discourage children from using alcohol, tobacco, and other drugs and to encourage those who are already addicted to seek assistance;

w smoking cessation programs;

w programs to reduce public school class size, particularly for reading in the early elementary grades and mathematics in the middle school grades;

w high quality and affordable after-school programs;

w substance abuse treatment programs;

w cancer research, cancer research facilities, and other health facilities; and

w programs to assist tobacco growers and promote alternative agricultural uses for land now used for growing tobacco.

Among the other tobacco proposals, SJ 1, which has passed the Senate, urges Congress and the President to enact legislation that would prohibit the federal government from recouping part of the settlement funds related to Medicaid. Under the tobacco agreement, the federal government has the right to recoup 50% of the states' settlement payments for the federal government's share of Medicaid expenditures.

Related bills that have had committee hearings in the first chamber are:

w SB 257 which would create a task force to examine the various options available to the State for appropriately using revenues it will receive from the tobacco settlement, to hold statewide public hearings to solicit public opinion, and to study the actual impact on State and local programs that would benefit from a portion of the revenues received;

w SB 334 which would create a Cigarette Restitution Fund as a non-lapsing fund with expenditures made by appropriation in the State budget; and

w SB 394 which would set up a Tobacco Control Foundation that would receive 1/3 of the tobacco settlement payment to develop a statewide tobacco control program to decrease smoking and fund anti-smoking campaigns and programs. (The companion bill, HB 596, is scheduled for a hearing next week.)

Other proposals, yet to be heard, are:

w SB 639 which would award $10 million annually, from 2001 to 2026, to the University of Maryland Medical System Greenebaum Center for cancer research and treatment;

w SB 685/HB 903 which would appropriate funds to the Tri-County Council for Southern Maryland to implement the Southern Maryland Strategy-Action Plan for Agriculture;

w HB 751 which would create a Cigarette Restitution Fund, with the legislature making annual recommendations on how to spend the funds to reduce the use of tobacco products, find alternate crop uses for farmland, establish education campaigns and programs, and benefit health care; and

w SB 322 and SB 396 which would fund the cost of converting existing vending machines to use tokens or similar mechanisms to prevent minors from purchasing cigarettes.

New Jersey-Task Force Studies Drunk Driving Countermeasures
by Anne M. Stefane

A Senate task force recently considered a proposal to lower the blood alcohol concentration (BAC) at which a driver is considered to be legally intoxicated, from .10 to .08.

The Senate Task Force on Alcohol Related Motor Vehicle Accidents and Fatalities in New Jersey concluded that reducing the BAC level from the current .10 to .08 without substantial additions and changes in public education, treatment and enforcement will not achieve the real goal of decreasing death and disability and lessening the huge societal costs from drunk driving.

Some studies that claim to show conclusively that reducing the legal limit to .08 BAC is effective have confounding factors, the task force found, such as the implementation of administrative license revocation and major public education and awareness campaigns, which also have been shown to have a significant effect in reducing the incidence of DWI offenses.

The task force spent 18 months holding public hearings, reviewing scientific studies and examining the experiences of other states. Fifteen states have adopted .08 BAC as the per se legal blood alcohol limit.

The implementation of criminal penalties for only third and subsequent drunk driving offenders was another major recommendation. The task force reasoned that conviction for a crime and the threat of imprisonment would provide judicial and administrative agencies with the tools to motivate repeat offenders to seek treatment for the underlying alcohol problem that causes them to reoffend. Currently, drunk driving is a motor vehicle offense in New Jersey, although its penalties are among the toughest in the nation (third offenders suffer a 10-year license suspension). The task force found that if all drunk driving cases were designated as crimes, costs would skyrocket, more cases would go to trial, the average time for disposition would increase and the deterrent value of swift and certain punishment would decrease.

Among the task force's other recommendations were a permanent commission to study the problem of drunk driving; increased funding for public education, enforcement and treatment to more effectively combat drunk driving; conditional licenses for third offenders who successfully complete treatment and present evidence of five years sobriety; police videotaping of persons arrested for drunk driving; and a switch to a modern breath testing instrument.

South Region
South Region

Alabama, Florida, Georgia,

Kentucky, Mississippi,

North Carolina, South Carolina, and Tennessee

Kentucky-Major Staff Changes at the LRC
by Joyce Honaker

Since January 1, the Kentucky Legislative Research Commission has experienced several personnel changes. Don Cetrulo resigned as LRC Director effective at the end of the January 5 - 8 Organizational Session of the General Assembly to go into private law practice. On February 10, legislative leaders selected former LRC Deputy Director Bobby Sherman as the new LRC Director. Bobby was an LRC Staff member from 1978 through 1995, serving first as a committee staffer and then as deputy to former LRC Director Vic Hellard. Our thanks and best wishes to Don, a big "welcome back" to Bobby, and many thanks to LRC Deputy Director Peggy Hyland for serving as acting Director during the search and selection process. In February, several veteran LRC staffers retired, including RACSS Executive Committee member Dianna McClure, Staff Administrator of our Health and Welfare Committees. We'll miss the leadership and experience of Don, Dianna, and our other colleagues who are leaving.

Although Kentucky legislators are not term-limited, we have experienced turnover in our membership and chairmanships. During the General Assembly's 1999 Organizational Session, 14 new Senate Chairs and 12 new House Chairs were appointed for standing committees, statutory (oversight) committees, and budget review subcommittees.

At the request of the Senate President Larry Saunders and House Speaker Jody Richards, LRC staff organized a New Chairs' Orientation workshop held on March 3. The workshop was developed with the technical assistance of NCSL Staff, particularly Bruce Feustel, who has conducted several new chairs' workshops for state legislatures. Following welcoming remarks from the President and Speaker, the program includes a video on committee operations previously prepared by our committee and public information staffers, a brief introduction to reference materials on parliamentary procedure, a panel discussion by six veteran chairs on the role of a committee chair, and small group discussions of how to deal with difficult situations chairs encounter.

NCSL's audio tape on "How to be an Effective Legislator: Advice from the Experts on Chairing a Committee" was our starting point for both the format and questions for the panelists, while Bruce's case studies for new chair training in Hawaii provided the basis for the case studies on difficult situations. The cases will be discussed by small groups of new chairs led by a veteran chair/panelist. Meetings and a luncheon with legislative leaders concluded the workshop. Thanks, NCSL!

Tennessee-Laptops in the Chambers
by Brian Dauer

As the gavel brought the 101st General Assembly into session in January, all 132 Senators and Representatives had something new on their desks, a laptop computer. Members now have access to the state's electronic database that only staff used to access. Legislators now can find every bill, fiscal note, history, and summary right at their fingertips. Legislative Information Services, the information technology arm of the legislature, developed a software program using internet browser technology to allow legislators to follow their calendars electronically, access the bill's text, read the Tennessee Code, and even follow their bill in the other chamber. Staff has also been trained on the system, as it is likely there will be many questions once session gets real busy.

Legislatively, this session promises to be very active. As of the bill-filing deadline, there are over 1900 bills in the system. Of note, Governor Don Sundquist has proposed the "Fair Business Tax" bill, which proposes to reform the business tax code in Tennessee. Under the plan, the sales tax on grocery items would be removed, as would the franchise and excise taxes on businesses' profits. In their place, a 2.5% tax on profits and payrolls would be instituted with the first $50,000 of both profits and payroll exempted. Without a tax reform, the administration predicts a $100 million budget shortfall. As of the submission date of this article, members are debating whether to hold a three-week special session to look at the bill more carefully.

The legislature is also moving toward the adoption of a long-term care program designed to provide home and community-based services to the elderly and disabled. Currently, Tennessee is 49th in Medicaid spending on home and community-based services. The proposed budget includes $11 million in state dollars designed to draw down $19 million in federal matching dollars.

Elsewhere, school safety continues to be a big issue in Tennessee. The Ad Hoc Committee on School Violence and Safety Issues, appointed by the Speaker of the House, is wrapping up nine months of work. The committee has held open forums all across the state to hear from people affected by this issue. The committee has begun to decide which types of legislation to support and will consider extending the Safe Schools Act of 1998. That Act provided $10 million in grants for local education associations and will likely receive another $5 million this year. A final report with recommendations will be forthcoming in April, once the committee has completed its business.

Lakes Region

Great Lakes Region

Illinois, Indiana, Michigan,

Ohio, and Wisconsin

Indiana-New Technology Benefits Staff
by John Rowings

The Indiana General Assembly has reached the procedural midpoint of its 1999 session. 345 House bills and 211 Senate bills were passed by the house of origin and are now moving through the committee process in the other house.

Major issues that have not yet been resolved and may well end up in conference committee include the biennial budget, returning a portion of the state's surplus revenues through some form of tax relief, funding to permit school corporations to offer full-day kindergarten, revisions in the "ISTEP" standardized test required for high school graduation, and changes in annexation procedures. This year's session must adjourn no later than April 29.

The Legislative Services Agency has for the first time used Lotus software to prepare the appropriation portion of the state budget bill. This permits LSA staff and fiscal analysts employed by each caucus more flexibility in computing the impact of proposed changes to the budget as it moves through the hearing and amendment process. The Lotus version of the bill is converted to a WordPerfect document for purposes of printing and distribution to members.

Bill requests for the current legislative session were inputted and tracked using an Oracle database. Based on our positive experience this year, we will continue to use this system for the next session. During the upcoming interim, the LSA will be converting its word processing programs from WordPerfect 6.1 to WordPerfect 8. Other projects will include further refinements to our recently upgraded web page (located at www.state.in.us/legislative).

Carrie Cloud, Susan Cullen and Sarah Burkman have joined the Office of Bill Drafting and Research as staff attorneys.

Ohio-LSC Staff Offer Legislative Briefings
by Jennifer S. Ryser and Shelagh Baker

Electric utility restructuring, managed care reform, and enactment of the state's biennial operating budget appear likely to be the dominant issues in the Ohio General Assembly this year. Further action to revise the state's school funding system is on hold. The state is appealing a trial court decision that the General Assembly failed to implement substantial reforms in response to a prior holding that the current funding mechanism violates the Ohio Constitution.

Like a number of other states, Ohio is considering legislation that would subject managed care organizations to liability for damages resulting from failure to use "ordinary care" in making coverage decisions. The legislation also provides for the establishment of external review procedures for these decisions.

Companion bills that declare public policy and state the goals of electric utility restructuring have been introduced in the House of Representatives and the Senate as "place holder" legislation for the on-going restructuring debate. A legislative working group continues discussion on a new proposal that may be substituted for the place holder legislation. A bill stating that rate reduction is required if restructuring is enacted has been introduced in the House.

In addition to research and bill drafting, Ohio Legislative Service Commission staff have been involved with the planning and presentation of a number of informational programs for legislators and staff. Newly elected members of the G.A. had the opportunity to attend a two and a half day orientation program in December. And, as a result of the number of appointments made after the program, a "mini" orientation was held in March for appointed members.

For the first time, LSC staff expanded on the idea of an orientation for new members and, in conjunction with the Legislative Budget Office, offered three legislative briefings in January for legislators and partisan and nonpartisan staff. The programs, which were very well attended, discussed electric utility restructuring, state budget process, and school funding. LSC's

legislative training also includes programs for new partisan and nonpartisan staff and participation in a consortium of state agencies that present free continuing legal education programs for attorneys in state government.

Wisconsin-Sentencing, Prisons and Long-Term Care Top Legislative Agenda
by Peter Cannon and Dan Ritsche

As usual, the major issue dominating the first half of the legislative biennium is passage of a state budget. The Governor's proposed tax cuts and Wisconsin's prison population and capacity are among the most discussed issues in the budget. The budget also contains a "family care" pilot proposal to overhaul the state's long-term care system. The Joint Committee on Finance is holding a series of hearings around the state to make it easier for citizens to comment on the budget.

The Assembly began the session with new laptop computers on every legislator's desk in the chamber. The goal of the project is to speed up the process by providing better access to legislative documents and by speeding distribution of newly introduced amendments.

Sentencing reform: In order to implement the "Truth in Sentencing" law passed in the 1997 session (1997 Wisconsin Act 283), the legislature created an 18-member criminal penalties study committee to recommend changes to the criminal code. The committee is tasked to formulate an appropriate sentencing structure to reflect the abolition of parole under which a convict will serve the entire prison term handed down by the judge, followed by a mandatory period of extended community supervision. Because of the complexity of the issue, the committee's work has been delayed, and a bill (1999 Assembly Bill 200) has been introduced to extend the deadline for the committee to file its report from April 30, 1999, to August 31. After receiving the committee's recommendations, the legislature will then take up the task of passing criminal code reform legislation.

Prison population: The state is currently responsible for more than 18,000 inmates, and in-state prisons have a designed capacity of about 11,000 beds. The difference is handled by overfilling facilities and sending thousands of prisoners to government and private prisons in other states. Building more prisons fast enough to accommodate a rapidly growing inmate population is one of the major challenges facing this and future legislatures, and the problem is expected to worsen with the abolition of parole after sentencing reform is implemented. With the state's commitment to funding two-thirds of public school costs putting a continuing strain on the budget, building enough in-state correctional facilities will be difficult. Options include increased reliance on contracted space in out-of-state prisons and allowing the establishment of in-state private, for-profit prisons.

Long-term care redesign: The Governor's budget proposes an overhaul of the state's long-term care system. A family care pilot project to be established in 13 counties and with one Indian tribe would attempt to demonstrate that long-term care services and supports can be provided in a more cost-effective manner, while enhancing quality, access and consumer choice. The family care program would establish Aging and Disability Resource Centers, which would consolidate numerous funding sources and programs into a simpler, single point of entry for information, counseling, access to nursing home care and other services, and determination of functional and financial eligibility. Client care services for the elderly and physically or developmentally disabled will be operated by contracted care management organizations. Related to the initiative are advocacy services through the Board on Aging and Long Term Care and funding for comprehensive treatment programs for individuals with mental illness or alcohol or other drug abuse problems.

South Central Region

South Central Region

Arkansas, Kansas, Louisiana,

Missouri, Oklahoma, and Texas

Oklahoma-Legislature Implements New Information System
by Connie Irby and George Humphreys

The Legislature has implemented an entirely new Oklahoma Legislative Information System. The new system, developed by Public Services Associates, the vendor for the original OLIS, is a vast improvement over its predecessor. It is much friendlier for users largely because it is Windows-based and allows bill drafting through Word. One of the main objectives was to reduce the input of duplicate information and to address the changing needs of the staff and members. Some of the enhancements from the new system include: a more efficient bill drafting system; the flexibility for users to customize reports and access legislative information; standardized word processing; ease of making changes and adding new features; and automated procedures to make legislative information available on the web.

For the first time, the Legislature provides access to its bill status for the public through the Internet. The project still has bugs to work out, but the Legislature is using all phases of the new system. With these changes, House and Senate staff have had to update their computers. The House, which has used PCs, had new equipment added to cope with the new OLIS software. The Senate had a greater conversion. Beginning last June, the Oklahoma State Senate began a project of migrating from a macintosh-based network to a PC-based network, which uses the Microsoft suite of software. The project should be complete this summer. In addition to the desktop personal computers, the members' laptops are being replaced with Gateway laptops. Members have the ability to use their laptop computers in the chamber, their offices and remotely from their districts. Problems with implementing the new bill drafting software, at least for the House, were offset by a new bill introduction limit. With exceptions, House members can only be the principal author of eight House bills or joint resolutions in a session. The bill workload has dropped substantially from the 1997 session as a result, but the Senate seems to have absorbed some of the bills that otherwise would have been introduced in the House.

To date the most important thing Oklahoma has to report is the 1999 special session. Historic lows in gasoline prices (ironically economists predicted in the energy boom of the early 1980's that oil would be $100, not under $10 per barrel by the end of this century), when adjusted for inflation, and layoffs in Oklahoma's oil industry, prompted the Governor to call the legislature into special session in mid-January. The outcome of the special session was an oil industry tax relief package that suspended all but 1% per barrel of the gross production tax on oil producers while oil prices remain below $14 per barrel. 4% of the tax will kick back in between $14 and $17 per barrel and the entire 7% per barrel will be applied on oil produced when prices are over $17 per barrel. The special session ran concurrently with regular session for a brief period in early February and presented quite a few challenges to committee, research and fiscal staff preparing for the regular session.

Other policy issues which have been important so far this session include education accountability reforms and school administration costs, and auto license fee reduction.

The Legislature, particularly the House, has been responding to an Attorney General opinion interpreting how the Legislature must conform to a constitutional provision regarding the reading of bills on third and fourth reading. The provision dates to statehood in 1907. A House member asked for the opinion as a result of several bills passed in the last minutes of the 1998 session without adequate copies provided to the members. The opinion stated that the original provision required a complete reading of legislation, but suggested that the Legislature could satisfy the provision either by reading the bill orally or by providing copies or electronic access to them. House rules are in the process of being changed to conform to the opinion. These changes are expected to cause additional burdens on staff to make more copies of bills, which can somewhat be alleviated as members are given on-line access to the bills.

Northern Plains Region

Northern Plains Region

Iowa, Minnesota, Nebraska,

North Dakota, and South Dakota

Iowa-New Governor, New Technology
by John Pollok

Iowa has a new Governor for the first time in 16 years and legislative activity in the first two months of the legislative session has been in negotiating priorities between the legislative and executive branches. While Republicans continue to control both chambers of the Legislature, the Governor is a Democrat. In 1999, the legislative session is tentatively slated to last 110 calendar days. So far, agreement has been reached between the branches on a school aid package and a significant initiative to combat methamphetamine abuse. Discussion is continuing on a tax package.

On the technology tools front, the Iowa Legislative Service Bureau has moved its internal bill drafting tracking system from the mainframe to a personal computer application. The system is a processing database, providing information as to progress on drafting, editing, typing, copying, and delivery on the approximately 2,400 bills drafted and processed each year.

Minnesota-Dealing With a Budget Surplus
by Jo Anne Zoff Sellner

On February 26^th, Minnesota Department of Finance staff announced the most recent state budget forecast, indicating an increase of $732 million in the projected state budget surplus from now through June 30, 2001. This brings the total projected surplus to $1.235 billion for the current biennium, ending June 30, 1999, and $2.821 billion for the biennium ending June 30, 2001.

It appears likely that the additional money being realized for this biennium will be used for increasing the size of the one-time tax rebates that are currently being discussed in a tax conference committee. The Senate position on the rebate, similar to the position of Governor Jesse Ventura, is that the rebate should be based on individuals' sales tax liabilities, while the House of Representatives bases its rebate on individual income tax payments. While the one-time rebate for this year's surplus is already under discussion in a tax conference committee, the disposition of the surplus for the next biennium will be addressed in bills that will be debated later in the session. Again, there seems to be a consensus among the Democratic-controlled Senate, the Republican-controlled House and the Reform party Governor, that a permanent tax reduction should be enacted this year. The primary target of the reduction is likely to be the income tax, but there are some advocates for reduction in motor vehicle registration fees and some proposals that further attention should be paid to property tax reductions.

Proposals for expenditures of portions of the surplus have focused on additional spending for K-12 education and on providing relief to farmers who have been hit by a combination of bad weather, crop and animal diseases and a difficult farm economy.

Debate continues over the proper use of the multi-billion dollar tobacco tax litigation settlement that was realized by the state, with the Senate and the Governor advocating use of a substantial portion of the settlement for endowments to pay for health research, health care and similar long range spending, and the House advocating that this money should be used to provide tax relief.

In addition to delving into these fiscal matters, the Minnesota legislature has already dispatched one of its most contentious issues, by repealing a ban on snowmobile studs before it became effective under a law passed in 1998. Repeal of the ban was opposed by those who were concerned about the damage to trails done by the snowmobile studs. The compromise agreement was reached because of an understanding that the cost of repairing the damage from trails would be addressed later in the session.

Nebraska-Spending Limits Top Legislative Agenda
by Nancy Cyr

The ninety-sixth Nebraska Legislature is in full swing. The 90-day session commenced January 6, 1999, and to date, approximately 929 new bills, appropriation measures, and substantive resolutions have been introduced.

Enacting the biennial budget is a top legislative priority. In the recent November general election, Nebraska voters defeated Initiative 413, a proposed constitutional amendment that would have placed strict controls on government spending. Though the initiative was defeated, the Legislature is heeding the message from Nebraskans that increased government spending should be closely monitored.

Senators have introduced a variety of proposals to limit state spending for the upcoming two-year budget. These proposals include: LR 3, a nonbinding resolution that provides that general fund appropriations for the next biennium will not increase by more than three percent over the previous year's new general fund appropriations; LB 38, which limits state spending growth in the same manner as local spending is currently limited; LB 464, which limits state appropriations to the average growth rate in Nebraska personal income over the three immediately preceding calendar years; LB 508, which limits growth in all state general and cash fund appropriations, except spending related to temporary emergencies and unfunded federal mandates; and LB 860, which provides for the creation of an index of goods and services purchased by state government. The new index would replace the Consumer Price Index when comparing state spending with other economic indicators.

Testimony relating to all five proposals was heard by the Legislature's Appropriations Committee at a public hearing on February 8, 1999. Issues raised at the public hearing are sure to be discussed by the full Legislature as it begins its budget deliberations.

On an unrelated note, Andrew Slain, a recent graduate of the University of Nebraska College of Law, is the newest member of the research division's program evaluation unit. Additionally, the executive summary of the most recent program evaluation report entitled State Foster Care Review Board: Compliance With Federal Case-Review Requirements is now available on the Legislature's website at www.unicam.state.ne.us.

South Dakota-Session is Almost Over
by David Ortbahn

The 1999 South Dakota Legislative Session is in its final days. The main run of the session is scheduled to close on Saturday, March 6. At that time, the Legislature is planning to recess until Tuesday, March 23, for the final legislative day. The Legislature will address any bills vetoed by the Governor on that day.

This year 553 bills were introduced into the Legislature. This total is a hundred bills fewer than the number of bills normally introduced each year.

The major issues addressed by the Legislature this session include legislation to regulate livestock packers and to regulate health insurers offering managed care plans. Important legislation to increase the motor fuel tax and to increase motor vehicle license fees is still pending. Two bills being advocated by the Governor, one to provide for a mandatory prison sentence for certain drug violations and the other to revise eminent domain procedures for railroads, have received considerable attention by the Legislature. These bills may not be resolved until the final legislative day.

Mountain Region

Mountain Region

Arizona, Colorado, Idaho, Montana, New Mexico,

Utah, and Wyoming

Arizona-Legislature Tackles Procedural Issues
by Susan Anable

While there is no shortage of important and sometimes controversial topics facing the Arizona Legislature this year, there is little disagreement that the Legislature's first attempt at fully implementing biennial budgeting is one of the most significant issues of the 1999 regular session. Additionally, state revenues so far in 1999 are outperforming forecasts, which has added another dynamic into the budget negotiations this year. This "found" money is reopening discussions on restoring budget reductions proposed early in the session, (particularly for education) and for new tax cuts and improved "rainy day" planning.

The Arizona Legislature is also considering legislation this year that will change the way committees, boards and councils created by the Legislature function. Currently, there are 117 such committees, boards and councils in existence. In particular, one bill introduced by Senator Ed Cirillo (R), District 15, will repeal several inactive study, advisory and oversight committees and boards; restructure the membership of a number of boards and committees; and change their reporting requirements. A purpose clause in the bill states the importance of ensuring the scope, membership and duration of these committees is appropriate for the issue. The intent clause states further that in many cases committee, board and commission discussions and actions are best conducted by professionals, agency officials, parents and other members of the general public and do not require the formal participation of members of the Legislature, and that in some cases, informal working groups are more appropriate than formal committees.

Additionally, the Senate is continuing to implement procedural changes to expedite and streamline the legislative process without sacrificing public notice and participation. One example is the truncation of floor motions through the grouping of concurrences and adoption of conference committee reports. The Rules Committee is also using a single motion to move groups of bills as "proper for consideration" (not requiring further amendment by the Rules Committee).

The Senate is also in the early stages of implementing changes to its computer system with an overall goal of improving efficiency and reducing paperwork. A pilot program is currently underway to study the feasibility of shifting towards a stronger reliance on laptop computers for members and professional staff. The pilot project involves the use of laptops by several Senators on the floor of the Senate and in the hearing rooms. Subject to the availability of resources, the Senate will likely be pursuing increased use of laptops in the future. A survey of members and staff is currently underway to determine computer needs and expectations.

Colorado-Bringing the Capitol into the Next Century
by David Hite

As Colorado's legislature approaches the new century, members of the House and Senate are beginning to pay a little more attention to the deficiencies of the Capitol. Here are two recent developments.

Capitol Security
Fortunately no adverse incident prompted legislative leadership to recently ask whether there is a security plan for the Capitol. Over the years there have been only random thefts, mostly purses and wallets, although in Colorado the Capitol is very near the center of the city of Denver. The answer to the leadership's question was that there had never been a security plan for the 125 year old building that houses both legislative chambers, offices for legislators and staff, the governor's office and his staff, as well as offices for a couple of other statewide elected officials. During the work day, about a half dozen state patrolmen provide security for both the governor and the legislature, as well as other occupants of the building. Visitors to the building come and go without passing through a security check of any kind. As a manpower saving measure, security cameras are located in a few areas of the building. Some observers regarded this as a bad situation which could only get worse. As a result, legislative leadership has approved the hiring of a consultant to conduct a comprehensive study of building security needs. A report should be ready in a couple of months.

Capitol Life Safety
The legislature has spent nearly a decade debating the need to, at minimum, provide a fire suppressant system for the building. Other interested parties have argued that many of the mechanical features of the building need work and still other observers see the Capitol as an architectural gem needing historic restoration. At a minimum, the fire suppressant system would cost around $16-18 million. The best guess for an historic restoration is in excess of $70 million. Most legislators have shied away from these costs. Another need confronting legislators is for additional office space for elected officials as well as staff. Perhaps as a means of forcing the legislature's hand on this issue, for the second year in a row citizen petitioners are seeking to put the issue of restoring the Capitol on the November election. The initiative seeks $140 million for the building and relocated parking. It appears that only a groundswell of public support extending beyond the petition drive will be needed to motivate final decisions regarding improvements to the building.

Idaho-A Sampling of Legislative Issues This Year
by Michael McConnell

The first regular session of the fifty-fifth Idaho Legislature will end in the last week of March, 1999. The consensus among lawmakers and staff is that this session has been relatively quiet. Much of this session has been spent testing the budget waters with Idaho's new governor, former U.S. Senator Dirk Kempthorne. Still, several issues have created a stir.

Idaho's economy rests heavily on agriculture. It should be no surprise that a bill requiring that minimum wage be paid to farm workers created substantial, heated debate. The bill died in committee.

Concentrated animal feeding operations are becoming a big issue. Large beef and dairy operations have existed in Idaho for years. During the last eight years, dairies have grown dramatically in size and number in southern Idaho and have become the single largest and fastest growing component of agriculture in the state. Now, large swine and poultry operations want to locate in the same area because there is an abundance of space, few neighbors, and relatively little state regulation. However, southern Idaho is a desert. Soils are somewhat fragile and water supplies for new operations are scarce. The legislature is exploring two approaches to the growth of concentrated animal feeding operations: giving greater power to local zoning authorities, and a comprehensive state licensing requirement. Currently, only the zoning measure has been printed as a bill. The measure requiring state licensing is still in draft form.

The legislature has authorized further study of electric utility restructuring. While many states have embraced electric utility restructuring as a way to reduce utility costs for residents, the conclusion here is that restructuring will result in higher costs to Idaho residents. Idaho relies on hydro-power to generate electricity, giving the state some of the cheapest electrical rates in the country. Lawmakers fear that changing the present structure will not benefit the state and are approaching this issue cautiously.

Idaho has a very low child immunization rate. A bill creating a voluntary immunization registry is working its way through the assembly. The registry would enable the Idaho Department of Health and Welfare to track immunizations and provide notification to parents when immunizations are recommended.

Idaho lawmakers put themselves out on a political limb this year by proposing to repeal term limits originally imposed by public initiative. They also proposed a constitutional amendment to allow them to be elected to four year terms, instead of their present two year terms.

A revision of the local land use planning act, addressing private property rights and "takings" issues, was presented by an interim study committee. The legislation failed to find support, frustrating the efforts of many.

The Idaho Department of Fish and Game received a great deal of scrutiny this year. Facing a serious budget shortage, the embattled agency requested an increase in hunting and fishing fees and a first-time ever distribution from the state general fund. Lawmakers were not receptive to either idea, causing the department to cut positions and programs. At the same time, legislation has been proposed to move state jurisdiction over threatened or endangered species from the department to the governor's office, fracturing the department even further.

Abortion has again become a topic for legislative debate. Various drafts have circulated as proponents have tried to gain support for a bill requiring parental consent for abortions for minors, a requirement for which the governor has voiced support. None of the drafts have been printed as bills yet, so this issue may not receive the debate it had last year, when two abortion bills were sent to the governor for his signature.

Montana-Change is the Word for Montana Legislative Staff
by Bob Person

For the current session, technological change has placed powerful new tools in the hands of bill drafters, branch workflow managers, the general public, and fiscal analysts alike. Over the past two interims, a team composed of legislative and TRW personnel designed and built an integrated system we call the Legislative Automated Workflow System (LAWS). Various components of LAWS provide for sophisticated support of bill drafting using WordPerfect 8 with features that integrate it with other elements of the system, including the bill status database and a statute database. An Oracle database hosts a bill status system that tracks legislation from the moment it is requested until its final disposition. During the drafting process, drafters update the status by using macros inside WordPerfect. Once a bill draft has received a legal review and edits, it is processed for introduction and a copy is placed in a file accessible through a state bulletin board system and over the internet. The status of bills, along with a great deal of other information, is also available over the internet. The system runs on six servers operated cooperatively by four agencies of state government. Changing to this system was a remarkably smooth process considering the immensity of it to the core legislative processes.

Change is coming to Montana's interim committee structure and related processes. Over the last interim, the Legislative Council worked with staff to design a bill, which has now passed the legislature, to reduce the number of interim committees, the budgets needed to support them, the number of legislators who need to be recruited to fill positions on them, and the amount of staff time needed simply to organize meetings for the many committees we had. The new structure focuses on 10 interim committees, six of which are at the core of the reorganization. These committees are responsible for specified jurisdictions and will monitor activities of state government, including rule making, in addition to conducting interim studies assigned to them.

Streamlining the interim could not come at a better time, given the fact that current plans are for the Capitol to be evacuated for renovation shortly after the end of the legislative session. During our year (or so) in exile, we will have no regular meeting space close at hand and always available as our Capitol meeting rooms are. So a reduced schedule will alleviate some of the stress involved with change of location. Sometime before the session set for 2001, the staff will move back into new quarters in the building.

This is the last session in Montana before term limits kick in. Statistically, term limits in themselves will not change the legislature much. There will be many changes, however, in the fact that those who are the leadership and provide the institutional memory will change entirely.

So, as we move toward the changing millennium, we also will cope with working for a legislature that has significantly changed in different work spaces with different tools. And as any dedicated legislative staff would do, we will adjust, smile, and charge forward. You can connect to our web site through www.state.mt.us to see how we are doing.

Utah-Curbing Urban Sprawl
by Connie Steffen

In the 1999 General Session, the Utah Legislature launched an effort to mitigate problems associated with urban sprawl. H.B. 119, "Quality Growth Act of 1999," creates the Quality Growth Commission which is directed to make recommendations to the Legislature on the characteristics of quality growth areas and principles of quality growth and to advise the Legislature on growth management issues.

The commission is also instructed to consider incentives the state may provide to encourage local governments to implement quality growth principles. A fund is created from which the commission may make loans or grants to public entities or nonprofit associations for the acquisition of conservation easements. The use of eminent domain in connection with an acquisition using fund monies is prohibited. Fund revenues will be created through energy savings. An expected refund from the state's electrical service provider will be deposited into the fund. In addition, state government agencies will be directed to initiate energy savings measures and 50% of the value of the energy savings will be deposited into the fund.

West Region

West Region

Alaska, California, Hawaii,

Nevada, Oregon, and Washington

Hawaii-Interim Study Reports Available
by Susan Jaworowski

The Hawaii Legislative Reference Bureau performs in-depth reports of issues selected by the Legislature during its interim. This year we produced seven studies on topics ranging from organ donation to the insanity defense. Almost all our studies are available at our web site, http://www.state.hi.us/lrb, and are available in pdf format. Hard copies are also available through the LRB Library, at (808) 587-0690.

w Heart and Soul: Anatomical Gifts for Hawaii's Transplant Community (78 pp.)

w Drugs, Alcohol, and the Insanity Defense: the Debate over "Settled" Insanity (48 pp.)

w Hawaii Demographic Data: 'Ehia Kanaka Maoli? (179 pp.)

w The Price of Access: Fees for Copies of State Administrative Agency Rules (63 pp.)

w The Medical Schedule under Workers' Compensation Law (39 pp.)

w Federally Mandated State Programs During Fiscal Year 1997-1998: Operating Funds. (139 pp.)

w Waikiki Development: Streamlining the Regulatory Process (168 pp.)

Nevada-Education vs. Public Health, A Dilemma Facing The Nevada Legislature
by Michelle L. Van Geel

As most of us are aware, the major tobacco companies are settling lawsuits with many states over the extra cost for taking care of Medicaid patients suffering from tobacco-related illnesses. The State of Nevada settled last year, resulting in our receiving $1.2 billion over 25 years.

Governor Kenny Guinn, in his State of the State address on January 18, 1999, introduced his plan for using a portion of the tobacco-settlement funds: the "Millennium Scholarship" program. Governor Guinn's plan would spend $7.5 million in 2000 and up to $25 million in subsequent years to fund the scholarships. Every Nevada high school graduate with a "B" average who enrolls at a university or community college in the State would be provided a scholarship, up to $2,500 annually for four years for a university student and $1,250 annually for two years for a community college student.

However, Attorney General Frankie Sue Del Papa does not believe the money from the tobacco settlement should be used for scholarships. Rather, she insists the intent of the lawsuit and the language in the settlement requires that the funds be used for public health programs. Additionally, the Federal Government may attempt to claim a portion of the settlement because it pays part of the Medicaid costs.

Stuck in the middle of this tug-of-war is the Nevada Legislature, whose duty it will be to legislate how the funds will be used. So far, the Assembly Democrats like the Governor's proposal, but have added a few other conditions to it: (1) Children from wealthy families would not be eligible; (2) Students could not supplant other scholarships for this scholarship; (3) Students would have to maintain a "C" average once awarded the scholarship; and (4) the funds would only be used for tuition, books, and other educational expenses.

The Nevada Legislature will be in session until May 31, 1999. How this dilemma will be resolved is still unknown. Needless to say, it will be a topic of much discussion in the next few months.

Other Topics Before the Nevada Legislature:
Electric Restructuring: delay the starting date, as well as review the rules adopted by the Public Utilities Commission of Nevada regarding licensing of alternative sellers and use of trade names and logos by existing utilities.

Ethics Commission: review the role of the Ethics Commission and proposals to upgrade its capabilities by increasing the size and expertise of the staff.

Family Courts: review proposals regarding the assignment and rotation of judges; and the expansion of the role of the chief judge to ensure that all cases are handled uniformly and to establish a procedure for litigants to file grievances with the family courts.

Health Maintenance Organizations: attempt to change the rules relating to Health Maintenance Organizations (HMOs), particularly the extent to which they can control the physicians on their panels, as well as privacy issues surrounding the use of patient information.

Teacher Training: review training for Nevada's teachers. For example, provide adequate funding for Clark, Douglas, Elko, and Washoe Counties to establish and equip four regional centers for professional development within the school district to train teachers and administrators in the new standards for public schools.

Workers' Compensation: discuss the financial viability of the Employers Insurance Company of Nevada (formerly the State Industrial Insurance System or "SIIS"). Additionally, attention will be devoted to the transition to a fully competitive workers' compensation market, usually referred to as "three way" (which adds private insurers to the existing options of coverage by the state fund or self-insurance) as already provided in statute.

To track these and other issues before the Nevada Legislature, please visit our website at www.leg.state.nv.us.

Oregon-"Kicker" Law Brings Budget Uncertainty
by Jim Stembridge

Oregon's 70th Legislative Assembly convened January 11 for its once-every-two-year session, expected to last about six months. This is Oregon's first experience under term limits. Twenty-seven members, nearly one-third the total ninety members, are newly elected.

Republicans hold relatively comfortable majorities in both the House and Senate, but not enough of a majority to override the vetoes, if any, of a Democrat Governor.

Two issues that dominated the 1997 session are back for the 1999 session: charter schools and transportation funding. Other issues that are likely to dominate include the possible siting of a prison in the Portland Metropolitan area, changes in Oregon's land-use regulation, the continuation of workers' compensation reform, and policies to address the listing of salmon and other species as endangered.

The state's two-year budget will again be contentious, maybe more so because of the decade-long shift of public school funding from local property taxes to state income taxes.

Oregon's "kicker" law offers matchless budget uncertainty. Here's how it works: If the current biennium's revenue is up to two percent more than forecast, the state keeps the money and has that much extra to spend in the next budget cycle. If the extra revenue exceeds the forecast by more than two percent, all the 'excess' revenue is returned to the taxpayers. Whether the kicker 'kicks' this year will be a close call. Oregon's economy is doing well, but may have been hurt by the economic downturn in Asia, Oregon's largest partner in foreign trade. The state anxiously awaits the May 1999 revenue forecast.

The former forecaster, State Economist Paul Warner, has moved to the Legislative Branch as Oregon's Legislative Revenue Officer.

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RACSS Newsletter

Spring 1999

Table of Contents

July 24 - 29, 1999 Indianapolis, IN

Journal of the

July 24 - 29, 1999
Indianapolis, IN