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RACSS  Newsletter

Contents

Chair’s Column
RACSS Annual Meeting Summaries
RACSS Leaders—Names and Faces
2000 Legislative Staff Achievement Award
RACSS Directory Updates
Profiles of the RACSS Executive Committee
Regional News

Chair’s Column

In the 1980 film The Blues Brothers, Elwood (Dan Aykroyd) and his brother Jake (John Belushi) are being pursued by hundreds of police officers, angry members of a country and western band, a very angry ex-girlfriend, a group of neo-nazis, and the Illinois National Guard. As the brothers jump into their "Bluesmobile," Jake asks, "How far is it to Chicago?" Elwood replies, "It’s a hundred and six miles, we have a full tank of gas, half a pack of cigarettes, it’s dark, and we have sunglasses." "Hit it!" says Jake.

Like the Blues Brothers, RACSS members also had a very good reason to go to Chicago recently. As you all know, Chicago was the host city for NCSL’s 2000 Annual Meeting. Those of you who did not attend missed out on many great speakers, panel discussions, and the opportunity to exchange ideas with legislative staff from other states and a number of foreign countries. The meeting also offered a full slate of programs sponsored by RACSS, along with our annual business meeting and luncheon. With great weather to boot, this was probably my favorite Annual Meeting of many I’ve attended over the years.

For more information on RACSS’ activities at the Annual Meeting, please see the articles later in this newsletter. If you are interested in attending meetings that cover a wide range of topics of interest to legislative staff, another opportunity is the Fall Meeting of NCSL’s Assembly on State Issues and Assembly on Federal Issues (ASI/AFI). This meeting will be held in Washington, D.C. on December 13 through 16, 2000. Our Nation’s Capital certainly will be abuzz with excitement at that time as a new Administration gears up during the transition period. The Fall Meeting features speakers on a variety of topics relating to state government and state/federal relations. Also, RACSS typically sponsors two or three programs at this meeting. One program is usually held off site to allow an in-depth review of an organization that conducts research. For example, RACSS has sponsored briefings at the National Archives, the Congressional Research Service, National Public Radio, and governmental affairs "think tanks" like the Brookings Institute and the Heritage Foundation. Please consider attending the ASI/AFI meeting this December. I am certain that you will find the sessions to be most informative and timely.

In closing, I encourage all legislative staff who work in research and/or committee staffing to make a concerted effort to attend at least one of the two major meetings sponsored by NCSL over the next 12 months. The first opportunity will be the December meeting of the ASI/AFI in Washington, D.C. The other is the 2001 Annual Meeting, which will be held in the great city of San Antonio between August 11th and the 16th. Circle these dates on your calendars and advise your bosses early that you would really like to attend one or both. Some of our staff often combine such meetings with a family vacation. Both cities offer a multitude of educational and historic attractions. I can assure you that the programs at each Annual Meeting and Fall ASI/AFI Meeting include the best and most extensive subject briefings that legislative staff can attend. I hope to see many new and returning RACSS participants in Washington, D.C. and San Antonio!

RACSS Annual Meeting Summaries

Intellectual Property in a Digital Environment
Co-sponsored with the Legislative Research Librarians staff section, this program examined the challenges presented by the digital age to copyright law and the uses of intellectual property. The nub of the issue is the Uniform Computer Information Transactions Act (UCITA), proposed by the National Conference of Commissioners on Uniform State Laws (NCCUSL), and enacted in Virginia and Maryland. UCITA is intended to revise the Uniform Commercial Code to establish a uniform means of regulating transactions of computer and other digital products as they relate to intellectual property, copyright, and "fair use."

Dr. Henry Gladney, a member of the National Academy of Science’s Committee on Intellectual Property Rights and Emerging Information Infrastructure, noted that the Committee was established to take an objective look of the situation and to make recommendations relating to copyright and fair use. Because of the nature of digital information, fair use is a controversial concept regarding the use of electronic or digital documents. The Committee made several recommendations, but perhaps its two most important were that Congress should not act quickly to regulate the use of digital documents and that more attention be given to archiving and preserving digital documents, primarily because of the ease with which they can be altered or discarded. Also at issue is the access to resources as licensing replaces purchase in the marketplace and the uncertainty of copyright infringement law suits resulting from the downloading and use of digital documents.

Miriam Nisbet, Legislative Counsel to the American Library Association, expressed the concerns of the ALA. The Association is opposed to UCITA because it believes the act replaces the public law of copyright with the private law of contract. In its view, contract law is more limiting and restrictive and would inhibit libraries and other entities from making resources available to their clients. The ALA also believes that UCITA is too broad and negatively affects traditional fair use standards, which in turn, restricts the preservation and lending of information. (summary by Karl Aro, Maryland, and LRL contributors)

Illinois’ Political History
Illinois political history is rich and colorful, so much so that when some colorful political characters get rich, they also go to jail. Paul Green—professor, columnist and author—continued the RACSS tradition of presentations on host state politics. Green described numerous Chicago and statewide political events, some well known (Mayor Daley’s machine, the 1968 Democratic convention, election of John Kennedy), others less so (use of legislative service to train or punish Chicago pols, the statewide bedsheet ballot). A major theme for Green is the shift of power from the city to the suburbs, and what that means to the city and the legislature. But in each instance the punch-lines were backed up with the political scientist’s analysis and documentation.
Green was accompanied by Adrienne Drell of the Chicago Sun-Times, author of "20th Century Chicago, 100 Years-100 Voices". Drell presented a slideshow and commentary that zipped through 100 years of Chicago’s landmark events in politics, music and the arts, tragedies, immigration, and the characters who made the events famous in their day. It must have been good, as the audience stayed through this late afternoon program (summary by Pat O’Grady, Illinois)

Staff Survival Skills for Working with the Media
Dealing with the media has become an ordeal for many legislative staffers. With the legislative arena more competitive than collegial and with the media more aggressively seeking "news," there are new challenges facing legislative staff. While partisan staffers are struggling to get out their party’s positions and stories, non-partisan staffers are increasingly concerned about maintaining and protecting their confidentiality. This session was designed to explore media relationships and provide information on ways for legislative staff to work with the media. More than 80 people attended this Wednesday afternoon program.

Four other staff sections joined RACSS in sponsoring the session: the American Society of Legislative Clerks and Secretaries, the Leadership Staff Section, the Legislative Information and Communications Staff and the National Legislative Services and Security Association.

Reflective of this broad sponsorship, the faculty focused on three different facets of press relations.

In a highly entertaining and informative presentation, John Mullins, a Senior Research Analyst who handles press relations for the Republicans in the West Virginia house, discussed the problems minority staff confront in trying to get their stories out. While it is always difficult to stimulate media interest in the minority’s perspective, it is more so when you don’t have the votes to make any kind of difference. Facing such a "who cares" media attitude, John described a number of techniques he has employed to prompt their interest. One strategy that has proven to be exceptionally effective involves the staging of press conferences. Scheduling press conferences without providing any information relating to the focus of the conference draws media attention to the event. Similarly, having as many legislators as possible in attendance suggests a major policy statement. As John explained, if you can get the media there, you can get your message out. A second strategy involves finding the "right" reporter. The "right" reporter is not always a "friend." In some cases, an "unfriendly" story is the most effective way to highlight policy and program differences.

As a former Communications Director for the Missouri House of Representatives and a practicing reporter, Gene Rose, the NCSL’s Public Affairs Director, offered a blending of the two perspectives. Legislatures and the media need each other. Unfortunately, in many instances there is a mutual sense of distrust. Personal contact is the key to establishing a sound relationship. It also is important for both sides to recognize how the other operates. Two things that communications staffers must appreciate are: (1) The press works under strict time constraints. If you want input, you must return a reporter’s call in a timely fashion. Repeated failures to return calls may be interpreted as a lack of interest or concern and persuade a reporter to give up calling. (2) Flooding the media with press releases can be counter-productive. When overwhelmed, reporters often just dump them in the wastebasket. The policy or position a caucus really wants to get out could end up one of those throw-aways.

Dave Sallach, a Principal Research Analyst with the New Jersey Office of Legislative Services, outlined three rules for non-partisan committee aides. (1) The press believes, and works on the assumption, that it has the "right-to-know." The personal relationships that often characterized relations between the press and non-partisan committee aides has largely disappeared over the past 20 years. Reporters come and go, and often never develop an understanding of the particular constraints under which non-partisan legislative staff operate. The press’ belief that it has a "right-to-know" can pose problems for non-partisan committee aides mandated to protect and preserve certain confidentialities. (2) Although the game is in your house (the State House), it is played on their field.

The press playing field is four tiered. These tiers are differentiated by the level of attribution assigned to the information gathered. They range from "off-the-record" (information that cannot be used) to "for attribution" (where the source of the information is identified by name). Knowing the playing field is essential to avoiding press disasters. (3) Although the game is played on their field, you make the rules. Before an interview begins, it is the non-partisan committee aide’s responsibility to establish which field (level of attribution) the game is going to be played on. For non-partisan legislative staff, this is critical for it determines the character of the interview and the type of information that will be exchanged. (summary by a legislative staffer who wishes to remain an "anonymous source")

Reinventing Customer Service for a New Century
Nine of the NCSL staff sections participated in this session. Hawaii, Wisconsin and Nevada reported on methods they have used to reinvent the way staff provides service to the legislature and its constituents.

Kimo Brown and Suzanne Marinelli gave a presentation on the Hawaii Public Access Room, a division of the Legislative Reference Bureau. Common Cause, League of Women Voters, Council of Churches and the Association of University Women were instrumental in the establishment of the Public Access Room, which is located on the fourth floor of the Capitol. A 100 page citizen’s guide was produced. Computers, typewriters and copying machines are available for testimony preparation.

Floor sessions are televised throughout the capitol. All services are offered to the public free of charge. Service is non partisan. 125,000 copies of testimony were provided last year. Offered to the public are workshops on the legislative process, reading legislative documents, presenting effective testimony, and using Internet sites. Workshops are also provided at other locations. The cost per year is $100,000. Many volunteers help augment the service. The League of Women Voters’ goal is to establish Public Access Rooms in all 50 states. The Public Access Room’s web site is www.state.hi/us/lrb/par

Don Schneider, Chief Clerk of the Senate in Wisconsin reported on the enhanced web site of the Wisconsin Legislature. The web site is updated every 10 seconds. Text of bills and amendments are shown side by side with roll call votes. There are audio links to both houses. Kiosks with access to the site are available in all county court houses. Because of the complete information on the web site, phone calls seeking information have been reduced.

Steve Watson, Deputy Director of the Administrative Division in Nevada’s Legislative Counsel Bureau, spoke on the training session held for all units of the division’s staff. The purpose of the session was to introduce a team approach to serving the public. Training was provided for information technology staff, police, maintenance, media service, and accounting. The Service Quality Institute from Minneapolis, Minnesota conducted the workshop. The process helped build self esteem in individual staff members by making them feel that they were an important part of the team that then provides improved service to the legislature and its constituents. (summary by Irene Stone, California, LRL)

Report on the 2000 RACSS Business Meeting & Elections
The 2000 RACSS Business Meeting was held July 19, 2000 in Chicago, Illinois, in conjunction with the NCSL Annual Meeting. RACSS Chair Bob Erickson of Nevada presided, with approximately 70 RACSS members in attendance. Bob introduced the current RACSS Executive Committee, as well as past officers who were present, and all members were asked to introduce themselves. Patrick Garcia of LEXIS Law Publishing was recognized and Bob expressed the appreciation of RACSS members for LEXIS’ sponsorship of the luncheon for our Business Meeting.

Max Arinder, a member of the Executive Committee for the National Legislative Program Evaluation Society (NLPES) offered brief remarks about the upcoming joint NLPES and RACSS seminar in Austin, Texas, and asked for volunteers from RACSS to serve as discussion facilitators for two sessions on the future of state legislatures. Mike Nugent, Idaho, and Willa Sanders and Karen Holliday, both of Arkansas, volunteered to serve as facilitators.

Bob thanked retiring RACSS Executive Committee members Debbie Terlip, Oklahoma, and David Ortbahn, South Dakota, for their years of service to RACSS. He also recognized the contributions of those remaining on the Executive Committee, including Cora Chua, Connecticut, and Mike Nugent, Idaho. Bob also thanked RACSS members who had served on RACSS committees during the past year, including Joyce Honaker, Kentucky; David Ortbahn, South Dakota; and David Sallach, New Jersey; who had served on the Awards Committee; and Debbie Terlip, Oklahoma; Karl Aro, Maryland; and Darrell Jackson, Missouri; who had served on the Nominating Committee.

The first order of business was the presentation of the two 2000 Legislative Staff Achievement Awards to RACSS members. Bob presented the award to Sandy Deaton of Kentucky. With a number of Kentucky staff present, Sandy thanked RACSS members for the award but particularly recognized her colleagues from Kentucky who had nominated her, as she noted her work was really part of a team effort. David Sallach of New Jersey presented the award to Darrell Jackson of Missouri, who recalled the day Bob Erickson phoned him about the award as being most memorable, not only for learning that he would receive the award, but also for the birth of a new grandchild. Bob noted that both Darrell and Sandy epitomize the finest qualities of legislative staff and it was with great pleasure that RACSS presented them the awards.

Bob summarized the activities RACSS has sponsored in the past year, including the RACSS Newsletter, home page and directory; our senior professional development seminar with the Legal Services Staff Section last fall in Charleston, South Carolina; our sessions at the Fall ASI/AFI Meeting in Washington, D.C.; the Skills Development Seminar in Boulder, Colorado; and our Annual Meeting programs.

Upcoming events were previewed, as Bob talked about our plans for the joint Fall Training Conference with NLPES in Austin, Texas. Immediate Past Chair Karl Aro discussed past sessions at the Fall Meetings of the ASI/AFI and solicited ideas for programs at this Fall’s meeting in Washington, D.C. RACSS liaison Jeanne Mejeur gave an overview of the new course outline being used for the Research and Policy Track of the Skills Development Seminar in Madison, Wisconsin, in August 2000. Legislative staff Bryant Howe, Utah, and Kirk Mlinek, Colorado, are the lead faculty for the track and participated in two separate day-long planning sessions at NCSL to develop an entirely new focus for the track.

NCSL staff officers stopped by during the meeting for their annual visit with RACSS members. Immediate Past Staff Chair John Phelps, Florida, introduced current NCSL Staff Chair Diane Bolender, Iowa, who discussed her plans for legislative staff activities in the upcoming year. As Staff Chair, Diane will be establishing several task forces through the LSCC to study legislatures and staff services. She commended RACSS for their outreach to new members and encouraged RACSS to continue their efforts to increase participation in the staff section.

Bob presided over the election of new officers for the staff section. As vice-chair Debbie Terlip would be unable to assume the office of chair because of the demands of her legislative position, Bob explained the process for filling the vacancy. The Bylaws call on the RACSS Executive Committee to name a replacement should there be a vacancy in the office of Chair or Vice-chair. Meeting in conference call, the members of the Executive Committee determined that it would be in the best interest of the staff section for Bob to continue for a second term as Chair. This would insure continuity of leadership for RACSS and follow the precedent set in 1996 when the same situation occurred. Bob indicated he was willing to serve another term and Karl Aro would also continue, serving another term on the RACSS Executive Committee as Immediate Past Chair. Bob then proceeded with the presentation of the slate of candidates for election. The Nominating Committee selected David Sallach, Principal Research Associate, New Jersey, as the candidate for Vice-Chair, and nominated Elisabeth Kersten, Director of Senate Research, California, and Terry Sullivan, Director of Research, North Carolina, as the candidates for the two openings as Director on the RACSS Executive Committee. Bob called for a motion to accept the slate, which was made by Karl Aro, Maryland, and seconded by several staff. The slate was passed unanimously by voice vote.

Under new business, Bob discussed updating the RACSS Guide, which is distributed during the Annual Meeting at the Legislative Staff Information Booth. He noted the guides of several of the other staff sections had more appeal and asked that RACSS come up with a new design for next year. The future of the Booth was discussed, as there were far fewer visitors to the Booth this year than in past years. Location was likely a factor this year, but members also discussed whether there was continuing need for the Booth. It was started four years ago to help publicize staff activities at the NCSL Annual Meeting, but with the development of staff section web pages and regular mailings by the staff sections, there may no longer be a need for the Booth. Members noted it would be nice to increase opportunities for meeting informally at the Annual Meeting and Bob explained that the Dutch Treat Dinner usually held by RACSS during Annual Meeting had been dropped from the Chicago agenda due to scheduling problems, but it would be back next year, affording members another opportunity to get together. The possibility of establishing a listserv for RACSS was discussed as a means of outreach to new members and sharing information with the entire membership. Jeanne Mejeur agreed to facilitate implementation of a listserv through NCSL, following the training conference in Austin. Having no additional business, Bob adjourned the meeting and thanked members for attending.

Vacancy Filled on the RACSS Executive Committee
The RACSS Executive Committee bids a fond farewell to Cora Chua of Connecticut. Cora, who was in the second year of her term as a Director on the RACSS Executive Committee, is moving back to her home state of Maryland, where she has accepted a position in Maryland’s Executive Branch. As such, she has submitted her resignation, effective immediately, as a member of the RACSS Executive Committee. Although we will all miss Cora’s contributions to RACSS, this is a particularly good move for Cora from both career and personal perspectives, and we wish her the very best in her future endeavors.

We appreciate Cora’s service to RACSS and NCSL over the past several years. In addition to her term on the RACSS Executive Committee, she has also served as the New England Regional Coordinator for the RACSS Newsletter. Cora has collaborated with NCSL staff to provide issues briefings for Connecticut legislators, staff and the general public regarding child care, education, literacy and adoption. Though Cora will miss her work with the Connecticut Commission on Children, she will continue her commitment to serving the best interests of children and families in her new position in Maryland.

In the case of a vacancy on the RACSS Executive Committee, the RACSS bylaws instruct the Chair to appoint a RACSS participant to fill the vacancy, with the approval of the remaining members of the committee. RACSS Chair Bob Erickson has appointed Mary Janicki, also of Connecticut, to complete Cora’s term of office, which expires at the Annual Meeting in 2001. Mary is a long-time participant in RACSS activities (see related article on the RACSS Executive Committee) and is looking forward to working with the other members of the RACSS Executive Committee in planning programs and activities for RACSS members. Welcome Mary!

Understanding NCSL’s Governing Structure
The National Conference of State Legislatures is governed by a 60-member Executive Committee composed of legislators and legislative staff members who are elected annually.

For conference year 2000-2001, the NCSL president is Senator Jim Costa of California; the president-elect is Senator Stephen Saland of New York; the vice president is Senator Angela Monson of Oklahoma; and the immediate past president is Representative Paul Mannweiler of Indiana.

Representing staff on the leadership of the Executive Committee are Staff Chair Diane Bolender, director of Iowa’s Legislative Service Bureau; Staff Vice Chair Ramona Kenady, chief clerk of Oregon’s House of Representatives; and immediate past Staff Chair John Phelps, chief clerk of the Florida House of Representatives. These seven officers direct the annual work of the conference.

The Executive Committee meets at least three times a year and during each Annual Meeting. For this conference year, the Executive Committee will meet September 14 through 16, 2000, in Aspen, Colorado; January 25 through 28, 2001, in Savannah, Georgia; May 17 through 19, 2001, in Yosemite, California; and at the August 11 through 16, 2001, Annual Meeting in San Antonio, Texas.

Update on Legislative Staff Coordinating Committee Activities
In addition to its Executive Committee, the NCSL has provided a Legislative Staff Coordinating Committee (LSCC) to coordinate the various legislative staff activities of NCSL. The LSCC is comprised of representatives from each of the ten 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 three times a year and at the Annual Meeting in conjunction with the NCSL Executive Committee.

For this conference year, Staff Chair Diane Bolender has established three different task forces to accomplish the work of the LSCC. They are:

• Promoting Professional Development for Staff Task Force;
• Promoting NCSL Services to Legislatures Task Force;
• Promoting State Legislatures Task Force.

The ten staff sections governed by the LSCC are:

• Research and Committee Staff Section (RACSS);
• American Society of Legislative Clerks and Secretaries (ASLCS);
• Leadership Staff Section (LSS);
• Legal Services Staff Section (LSSS);
• Legislative Information and Communication Staff Section (LINCS);
• Legislative Research Librarians (LRL);
• National Association of Legislative Fiscal Offices (NALFO);
• National Association of Legislative Information Technology (NALIT);
• National Legislative Program Evaluation Society (NLPES); and
• National Legislative Services and Security Association (NLSSA).

The LSCC bylaws provide that the chair and vice chair of each of the ten staff sections are part of the membership of the LSCC. Bob Erickson of Nevada, current RACSS Chair, and Dave Sallach of New Jersey, current RACSS Vice-chair, represent our staff section on the LSCC.

In addition, it should be noted that LSCC Staff Chair Diane Bolender is a former chair of RACSS. Other RACSS participants serving on the LSCC this year include Karl Aro, Maryland; Dave Henderson, Oregon; Bob Shapiro, Ohio; Joyce Honaker, Kentucky; D’Ann Mazzocca, Connecticut; and Phil Twogood, Florida.

For more information on the activities of the LSCC or its Task Forces, contact NCSL Staff Chair Diane Bolender, at (515) 281-3566, or RACSS Chair Bob Erickson, at (775) 684-6825.

RACSS Leaders—Names and Faces

Current and past RACSS officers and Executive Committee members gathered for a group photo during the NCSL Annual Meeting in Chicago, July, 2000. Pictured from left are: Bob Erickson, Nevada; Karl Aro, Maryland; Debbie Terlip, Oklahoma; Terry Sullivan, North Carolina; Elisabeth Kersten, California; Joyce Honaker, Kentucky; Mike Nugent, Idaho; Dave Sallach, New Jersey; David Ortbahn, North Dakota; Darrell Jackson, Missouri; and Larry Barish, Wisconsin.
 
 

2000 Legislative Staff Achievement Award

Darrell Jackson
Director of Research
House of Representatives, Missouri
Darrell Jackson has provided more than twenty years of distinguished service to the Missouri House of Representatives and has been a mainstay of support to NCSL and the Research and Committee Staff Section. Darrell jointed the Missouri House Research staff in 1977 and has served as director of the office since 1981.

Darrell has provided skilled leadership for RACSS as chair, program planner, speaker, committee member, advisor and mentor. He served as staff section chair for 1995 and completed several terms on the RACSS Executive Committee. As one of the principal planners of RACSS’ early efforts at presenting professional development seminars, Darrell set a standard for training that insured successful and effective programs for RACSS members. As a frequent presenter for RACSS programs, Darrell has been generous in sharing his expertise and supporting professional development for other legislative staff. Darrell is a graduate of the Legislative Staff Management Institute, class of 1990.

A hallmark of his career is his work in promoting ethical standards for legislative staff. Darrell is one of the principal authors of and a guiding force in the establishment of the LSCC Model Code of Conduct for Legislative Staff, which was adopted by the NCSL Executive Committee in July, 1995. In that capacity, he worked extensively with all NCSL staff sections and representatives of the Legislative Staff Coordinating Committee to develop a comprehensive and meaningful code of conduct that provides guidance for all legislative staff, regardless of their position within the legislature.

Darrell represents the very best qualities to which those engaged in supporting the work of state legislatures aspire. His dedication, professionalism, integrity and record of service to the Missouri Legislature and his legislative staff colleagues throughout the nation have set a lofty standard for others to follow.
 

Sandy Deaton
Committee Staff Administrator
Legislative Research Commission, Kentucky
Sandy began her legislative career in 1978 as an analyst and now serves as education committee staff administrator for the Kentucky General Assembly. Throughout her twenty-two years of service, Sandy’s extensive knowledge of education issues has made her a valuable asset to the Kentucky General Assembly. Sandy was a lead staff member assisting in the enactment of the Kentucky Education Reform Act, a major reform of education laws in the 1990s that has been nationally recognized as one of the most comprehensive reform acts of the past decade. She has served on numerous education study groups and task forces, both for the Kentucky General Assembly and the Governor of the Commonwealth.

Sandy has generously shared her expertise in education issues with legislative colleagues in other states, working extensively with NCSL committees, including the ASI Education Committee and the Legislative Education Staff Network.

Sandy’s professionalism, dedication to service and commitment to the role of the legislature in a democratic society have set her apart as a legislative staff member. Her contributions to the Legislative Research Commission have raised the standards of legislative staff services and her work for the Kentucky General Assembly has resulted in a better education system for the citizens of Kentucky. Her service to NCSL has supported staff activities within the conference and provided significant benefit to other state legislatures.
 

Honorees from all staff sections were recognized at the NCSL Annual Meeting in Chicago. Darrell and Sandy were also honored and presented with plaques at the RACSS Business Meeting and Luncheon.

This year’s RACSS Awards Committee was chaired by Joyce Honaker of Kentucky, assisted by David Ortbahn of South Dakota and David Sallach of New Jersey.

Darrell and Sandy join a distinguished list of past RACSS recipients of the Legislative Staff Achievement Award, including Diane Bolender, Iowa; David Hite, Colorado; Larry Barish, Wisconsin; Allan Green, Connecticut; Joyce Honaker, Kentucky; and Carvel Payne, Maryland.

RACSS Directory Updates

Connecticut, page 6
Lawrence Furbish is now Director
of the research office (delete Acting).
Correct email: (po, not pa)
lawrence.furbish@po.state.ct.us

Oklahoma, page 29
Delete listing for Paul McElvany.
Replace Brian Maddy with Tom Walls,
as Senate Chief of Staff.

Oregon, page 30
Under listing for Robert D. Hagen, change office name to Committee Services (formerly Policy, Research and Committee Services).

Pennsylvania, page 31
Add new listing:
Virgil F. Puskarich, Executive Director
Local Government Commission
Senate Box 203078
Main Capitol Building
Harrisburg, PA 17120-3078
phone: (717) 787-7680
fax: (717) 772-4524

Puerto Rico, page 33
Delete listing for Jose A. Figueroa-Lago.

South Dakota, page 35
Replace Doug Decker with Jim Fry and change title to Director.

Virgin Islands, page 37
Replace Arturo Watlington with Constance E. Krieger. Change phone number to (340) 693-3701 and fax number to (340) 693-3659.

Please contact NCSL staff Jeanne Mejeur with any additional directory edits. Phone (303) 364-7700, x187 or e-mail jeanne.mejeur@ncsl.org.

Profiles of the RACSS Executive Committee

Vice-chair:
David Sallach, Principal Research Associate, Office of Legislative Services, New Jersey
Dave has worked for the New Jersey Office of Legislative Services since 1977, serving as committee staff for local government, law enforcement, public safety, policy, rules and regulatory oversight committees. He helped organize orientation sessions for the Council of Academic Policy Advisors, which was established by the New Jersey Legislature to make the academic research of New Jersey’s colleges and universities more widely available to the Legislature. David has served for several years as the Regional Coordinator of the Mid-Atlantic Region for the RACSS Newsletter and has just completed a two-year term as a Director on the RACSS Executive Committee. In addition, Dave has served on several committees for RACSS, including the Awards Committee, Annual Meeting Planning Committees and several program planning committees. He has served as speaker or program moderator at several RACSS programs, including serving as a panelist for the session on media relations at the 2000 NCSL Annual Meeting. Dave holds a B.A. and an M.A. in American history from the University of Pittsburgh and a Ph.D. in American foreign policy from Rutgers University.

Immediate Past Chair:
Karl Aro, Executive Director, Department of Legislative Services, Maryland
Karl is the Executive Director of the Department of Legislative Services, the staff management agency established by the 1997 reorganization of legislative staff services to the Maryland General Assembly. Prior to that, Karl was the Deputy Director of the Research Division, a position he held since 1985. Karl began working for the Maryland General Assembly in 1979 and has served as the key staff person for redistricting and reapportionment. Prior to joining the Legislature, Karl work for the government of Prince George’s County and for the American Public Health Association. He holds a B.A. in government from Monmouth College and an M.A. in government and public administration and A.B.D. in policy sciences, both from the University of Maryland. Karl served as RACSS Chair for 1998-99, as the chair of the planning committee for the 1997 Senior Professional Development Seminar, and as a planning committee member for the 1998 seminar. He is a graduate of the Legislative Staff Management Institute, class of 1993, and was just elected to the NCSL Executive Committee at the 2000 Annual Meeting in Chicago.

Mary Malone Janicki, Assistant Director, Office of Legislative Research, Connecticut
Mary has worked for the Connecticut General Assembly since 1982, beginning as a legislative fellow and then becoming a principal research analyst in 1984. She was recently appointed as Assistant Director of the Office of Legislative Research. Her issue areas include technology, elections, and campaign finance. Mary is a member of the NCSL Redistricting Task Force and has been an active RACSS participant for many years. She has served as a presenter and panelist for several RACSS programs, including Annual Meeting sessions and workshops at several Senior Professional Development Seminars. Mary served as a faculty person and host state planner for RACSS’ very first professional development seminar, held in 1994 in Hartford, Connecticut. She has been a faithful contributor to the RACSS Newsletter, serving as the Connecticut State Contact for the Regional News column since 1997. She holds a B.A. in political science from Dominican University and an M. P. A. in management and public laws from the University of Hartford. Mary is a graduate of the Legislative Staff Management Institute, class of 1993.

Elisabeth Kersten, Director, Senate Office of Research, California
Elisabeth has served as the Director of the Senate Office of Research since 1983. Prior to that, she worked in the California Legislature as Deputy Chief of Staff to Speaker Willie Brown, Jr., and as a consultant to various legislative committees, including the Assembly Economic Development and New Technologies Committee, Assembly Ways and Means Committee and the Senate Finance Committee. Elisabeth has worked with several NCSL committees and has served as chair and vice-chair of ASI committees. She has participated in RACSS activities and serves as the California state contact for the Regional News column for the RACSS Newsletter. Her office has provided speakers for several RACSS sessions, including at the Annual Meeting in San Diego and the ASI sessions on term limits. Elisabeth holds a Bachelor’s Degree in economics and English and a Master’s Degree in Public Policy, both from the University of California, Berkeley.

Michael Nugent, Supervisor, Research and Legislation, Legislative Services, Idaho
Mike has served as staff to the Idaho Legislature since 1977, beginning as a junior research analyst and bill drafter. He took on increasingly senior responsibilities, was promoted to Deputy Director and now serves as the Supervisor of the Research and Legislation Section of the Idaho Legislative Services Office, which is responsible for bill drafting, research, committee staffing, legislative library, legislative publications and administrative rules review. Michael has participated in a variety of NCSL activities throughout his career, including presentations for the Legal Services Staff Section, the State-Tribal Relations Task Force and to committees of the Assembly on State Issues, as well as attending several Annual Meetings and serving as host to a joint ASI/AFI Meeting. Michael is a graduate of the Legislative Staff Management Institute, as a member of LSMI’s first class in 1990.

Terry Sullivan, Director of Research, Legislative Research Division, North Carolina
Terry began working for the North Carolina General Assembly as a legal analyst in 1972. Since 1978, he has served as the director of research, and in 1979, was named Director of the Research Division, where he supervises a staff of 39 attorneys and professional employees. Throughout his legislative career, Terry has staffed many standing and study committees for the General Assembly, covering issues including courts, appropriations, civil law, criminal law, administrative procedures, legislative ethics, health, reapportionment, and parliamentary procedure. Terry has served as Staff Chair of the NCSL Science and Technology Committee and has been a frequent participant in RACSS’ activities and has been a contributor to the RACSS Newsletter. Terry holds a B.A. in International Studies and Political Science and a J.D., both from the University of North Carolina-Chapel Hill.

Regional News

New England Region—Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont
Coordinator: vacant

Mid-Atlantic Region—Delaware, Maryland, New Jersey, New York, Pennsylvania, Virginia, West Virginia
Coordinator: David Sallach, New Jersey, (609) 984-0231

Great Lakes Region—Illinois, Indiana, Michigan, Ohio, Wisconsin
Coordinator: David Lovell, Wisconsin, (608) 266-1537

South Region—Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee
Coordinator: Jamie Franklin, Kentucky, (502) 564-8100

South Central Region—Arkansas, Kansas, Louisiana, Missouri, Oklahoma, Texas
Coordinator: Willa Black Sanders, Arkansas, (501) 682-1937

Northern Plains Region—Iowa, Minnesota, Nebraska, North Dakota, South Dakota
Coordinator: David Ortbahn, South Dakota, (605) 773-3251

Mountain Region—Arizona, Colorado, Idaho, Montana, New Mexico, Utah, Wyoming
Coordinator: Kirk Mlinek, Colorado, (303) 866-3521

West Region—Alaska, California, Hawaii, Nevada, Oregon, Washington
Coordinator: Jim Stembridge, Oregon, (503) 986-1813

The Territories—American Samoa, Guam, Northern Mariana Islands, Puerto Rico, Virgin Islands
Coordinator: Tony Cabrera, North Mariana Islands, (670) 664-0991

New England Region

Connecticut—Interim Activities; Nonpartisan Staff Offices Collaborate
by Mary Janicki, Assistant Director, Office of Legislative Research
The Office of Legislative Research is finishing work on its annual publication, Summary of 2000 Public Acts. In it, public act summaries are organized by their committee of origin. The General Assembly enacted 231 public acts during its regular session and two more on June 19, when it held a special session.

An effort is underway to emphasize collaboration among the Connecticut General Assembly’s nonpartisan staffing offices – the Office of Legislative Research (OLR), Legislative Commissioners’ Office (LCO), and Office of Fiscal Analysis (OFA). Senior staff members below the level of director from each office are meeting regularly to develop strategies to incorporate into operating procedures for the upcoming 2001 session and beyond. Connecticut’s nonpartisan offices are organized by function: OLR provides research reports to members and analyzes bills; LCO drafts proposed bills, committee bills, and amendments and provides legal advice to committees; OFA works with the Appropriations and Finance committees to develop the state budget and tax package and produces fiscal notes on every bill reported to the House and Senate. In each office, staff are organized and assigned to a legislative standing committee.

The senior staff group will look for ways to exchange information, streamline inter- and intra-office procedures, and facilitate the work done by research analysts, drafting attorneys, and budget and revenue section analysts. For example, routinely forwarding copies of research reports to attorneys in the commissioners’ office will provide background on topics that are the subject of proposed bills. The group will also cooperate to plan and present briefings for the legislative pre-session issues conference held next December. The group will continue to focus on collaboration efforts among the offices, coming up with new ideas and ways to cooperate as well as monitoring and refining the practices already in place.

Mid-Atlantic Region

As New Jersey is a "corridor" State, with the nation’s most heavily traveled roads per lane mile, the maintenance and enhancement of our transportation system is essential for economic growth and a positive quality of life. Prior to the passage in 1984 of the original Transportation Trust Fund Act, New Jersey’s transportation system relied upon funding that was not always stable or predictable in providing adequate financing for capital projects. As a result, New Jersey was unable to meet its desired level of commitment to improve the State’s transportation system. The Transportation Trust Fund Act changed that.

The original act, with changes approved in 1988, was to take a disciplined approach to capital financing. The concept for a Trust Fund included:

• A primary reliance on pay-as-you-go financing, rather than a major emphasis on bonds, combined with sufficient annual appropriations to support the pay-as-you-go portion to support needed projects.
• Issuance of 10-year bonds to complete larger, more expensive projects.
• Restraint on the program size.
• Prohibition on using Trust funds for maintenance, operations or staff salaries.

In the 1990s things began to change, and certain principles embodied in the original Trust Fund were overridden. During the early 90s the Trust Fund was used as a jobs program to stimulate the economy, rather than simply as a capital financing program, as it was originally conceived. The Trust Fund program was expanded over this period and was marked by:

• Bonding which provided almost 90 percent of program financing.
• Increased use of money for salaries, maintenance and overhead costs.
• Increase in program size.
• Insufficient appropriations that limited the pay-as-you-go provisions.

By the end of the 1990s debt service was consuming a greater and greater portion of the dedicated moneys to the fund. With this in mind, the Legislature attacked the problem with an eye to returning to the original plan.

There were three principles from the original act that the Legislature was interested in returning to as part of the expanded Trust Fund program. First, the legislature wanted to reduce the reliance on bonding. The reauthorization therefore reduced the amount that the Trust Fund could bond each year for capital projects from $700 million to $650 million. The second principle was a return to greater pay-as-you-go financing. The Legislature achieved this by proposing an increase in the Constitutional dedication of funds to the Trust Fund. The final principle concerned limiting the use of money that could be used for overhead, salaries and maintenance. The Legislature inserted language that set specific limits on the amount of Trust Fund monies that could be used for those purposes in each of the four years.

Although the expanded program is a large program, it was put together mindful of the legitimate transportation needs that are existent in the State at this time. This Trust Fund indeed marks a change in the direction of Trust Fund, and signifies a return to some original principles of the Transportation Trust Fund. Although the Trust Fund legislation must be revisited in four years, in the mean time, New Jersey’s transportation system will have the necessary funding sources to finance the near-term capital construction needs of the transportation system in the State.

New York—Failed Coup for Speaker
by Kathy Wise, Director, Assembly Minority Research
After a relatively quiet beginning to the 2000 legislative session, the end of session was a flurry of activity. Significant accomplishments were achieved, in part, because all 211 legislators face elections on November 7th. However, the unprecedented coup attempt to unseat the Democratic Speaker of the Assembly greatly affected negotiating positions in the final three to four weeks of session.

Following the State’s Democratic Convention, which was held in Albany and witnessed the nomination of Hillary Clinton as the Democratic candidate for the U.S. Senate, the Assembly’s Majority Leader endeavored to have an election held to select a new Speaker. The Speaker was successful in defeating this attempt but the events, besides resulting in some leadership changes by the Speaker, did influence the remainder of the session.

The legislators who wanted a change in Speaker have formed the Democratic Majority Reform Caucus in an effort to secure changes in how the House conducts its business. In response to the criticisms and the formation of this Reform Caucus, the Speaker has appointed 24 legislators to a committee to suggest changes. This committee meets without any staff, which is a significant departure for the Speaker, who traditionally has his staff involved in all aspects of the House’s workings.

Among the significant legislative accomplishments that would not have occurred without the coup attempt was an increase in the age, from 16 to 18, for designating youths as a person in need of supervision (PINS). PINS reform has been advocated ever since the courts, in 1972, held that the State’s differential age for males (16) and females (18) was unconstitutional. Despite many advocating a uniform age of 18 for years, including parents who were unable to secure assistance to save their children who were older than 16, the Assembly had not acted upon the proposal, despite the Senate passing a measure for several years.
Another major accomplishment was action on bills to enhance school safety. Despite each house passing comprehensive proposals to enhance safety in New York’s schools, the two houses had failed to reach agreement since 1998. In addition to the Safe Schools Against Violence in Education Act (SAVE) being enacted, the two houses reached agreement on a bill to require fingerprinting and criminal background checks of all prospective school district employees and prohibit "silent resignation" of any employee or volunteer against whom an allegation of child abuse has been made.

Other notable actions included Sexual Assault Reform, Abandoned Infant Protection Act, Gun Control, Hate Crimes Act, Quality Child Care and Protection Act, Family College Tuition Deduction, Public Employee Pension Reforms, Cigarette Fire Standards, Pesticide Notification, MTBE Phaseout, and Health Information and Quality Improvement Act.

Pennsylvania—Tax Relief Measures
by Mike Gasbarre, Assistant Director, Local Government Commission
It has been a relatively quiet summer in the Commonwealth, as the General Assembly remains in summer recess until the last week in September. Before leaving for the summer in June, the Legislature enacted the "Homeowners’ Century Tax Rebate Act" for the purpose of providing for a one-time rebate of up to $100 to homeowners toward the cost of their school property taxes paid for the 1999-2000 school year. The deadline for persons applying for the rebate has been extended twice by the Department of Revenue to allow more homeowners to apply for the program. In the same enactment that provided for the rebate, the General Assembly also began the phase-out of the capital stock and franchise tax through a two-mill reduction of this tax, retroactive to January 1, 2000, and subsequent reductions thereafter of the tax rate each year until the tax is eliminated. In addition, an exemption from the sales tax was provided for individual non-business purchases of computers and associated equipment during two eight-day periods, the first of which was the week of August 6 - 13, 2000. The second tax-free week for computer purchases will run from February 18 - 25, 2001.

Great Lakes Region

Indiana—Gas Sales Tax Temporarily Suspended
by George Angelone, Deputy Director, Office of Bill Drafting and Research, Indiana Legislative Services Agency
The Indiana General Assembly passed the summer without being called into special session. Rising gas prices gave the Governor an opportunity to use a law passed in 1981 to temporarily eliminate the sales tax on gasoline without calling the General Assembly into session. IC 10-4-1-7.1 allows the Governor to declare an energy emergency for a period of 60 days and suspend the operation of transportation, pollution control, and energy laws by proclamation. The proclamation may be renewed one additional 60 day period.
At the writing of this note, the Governor is considering the application of this statute to the sales tax on natural gas and home heating oil.

The latest order in the long running lawsuit Town of St. John v. State Board of Tax Commissioners gives the State Board of Tax Commissioners until June 1, 2000 to adopt a final real property tax manual that complies with the constitutional requirement that the state "prescribe regulations to secure a just valuation for taxation."

As a separate matter, a summer study committee is reviewing the progress being made on the implementation of a law passed in 1997 that would require that property tax bills be computed on 100% of assessed value rather than 33 1/3 % of assessed value.
Other summer study committee issues include review of the current practice of imposing a surcharge on collect calls made by prisoners from a local jail or state prison. The additional fee is shared by the phone company with the jail or state prison and is used in some cases to purchase recreational equipment for the jail or prison. A more complete listing of summer study committee issues can be obtained on the legislative web site at http://www. state.in.us//legislative/interim.html.

Michigan—Legislature Breaks for Summer Following Productive Session
by Terry Bergstrom, Research Analyst, Legislative Research Division, Legislative Service Bureau
Privacy protection was a paramount concern in the initial phase of the Michigan Legislature’s 2000 session. Public
Act 1 prohibited the inclusion of personal information on state mailing labels, 2000 PAs 192-194 eliminated the sale of Secretary of

State motor vehicle registration lists, and a comprehensive package of genetic privacy bills saw fruition (2000 PAs 26-33).
In the continuing effort to fight crime, the Michigan Legislature enacted an Internet crime package focusing, in large part, on Internet crimes targeting minors (2000 Pas 178-181, and 183-185). Trigger locks must now be provided in conjunction with firearm sales (2000 PA 265).

Embarking to curb sprawl, the Michigan Legislature expanded the amount of credit available and types of facilities eligible for brownfield tax credits and Michigan Economic Growth Authority projects (2000 PAs 143-146), created ten tax-free agricultural renaissance zones (2000 PA 259), and eliminated the property tax assessment "popup" from taxable value to SEV for eligible transfers of agricultural property (2000 PAs 260-261).

On the income tax front, 2000 PA 40 accelerated the state’s income tax rate cut, 2000 PA 41 revised the disability credit, and 2000 PA 42 expanded the child care deduction. The community foundation credit was increased by 2000 PA 195, and the state began an education savings program pursuant to 2000 PAs 161-163.

Finally, in the area of utility deregulation law, early in the session, 2000 PAs 141 and 142 completed years of effort to deregulate the state’s electric utility industry and implement consumer choice. Later, the Michigan Legislature enacted 2000 PA 205 to improve telecommunication competition, reduce rates, and modernize regulation of multimedia services. The act also provided new consumer protections against slamming and cramming.

Ohio—Legislative Glossary, New Member Orientation, Legislation Clinic
by Rebecca R. Fitzwater, LSC Intern, Ohio Legislative Service Commission

Glossary. In response to the request of the 14 General Assembly members who comprise the Legislative Service Commission (LSC), LSC staff members are creating a glossary designed to provide an introductory explanation of terms that may be encountered by members of the General Assembly during their consideration of legislation on various subjects. The glossary project was organized by Marcia A. Cooper with entries prepared by LSC staff members with expertise in a variety of subject areas and edited by members of LSC’s Environment, Natural Resources, and Agriculture Group. The Ohio General Assembly Glossary of Terms will contain over 1000 entries in 38 subject categories. The Glossary will be available on the LSC website (www.lsc.state.oh.us) and published in a binder so that LSC staff can update and add to the compilation as necessary. The Glossary is to be completed by the end of November 2000, in time for the new member orientation, and will be distributed to all members of the General Assembly.

New Member Orientation. LSC conducts an orientation providing basic information regarding the legislative process and legislative staff to new members and members who were appointed during the preceding biennium. Attendance is voluntary and expenses are paid by LSC. Traditionally, orientation for new members has been a two-day program held in Columbus. Term limits will result in the turn over of 49 of the 99 seats in the Ohio House of Representatives and 14 of the 33 seats in the Ohio Senate, so this year’s orientation has been expanded to a five-day program, from November 27, 2000 to December 1, 2000, at an off-site location capable of accommodating approximately 40 newly-elected members. Unlike past programs, this year’s orientation will be open to all members of the General Assembly, providing current legislators the opportunity to meet new members and benefit from the various speakers and panel discussions scheduled.

Legislation Clinic. LSC is one of several Ohio legislative entities participating in The Ohio State University College of Law Legislation Clinic. First-year law students at OSU are required to complete a one-semester course in legislation. In their second and third years, OSU law students may now participate in the one-semester Legislation Clinic directed by Professor Steven F. Huefner and supervised by both Clinic Staff Attorney Terri Enns and LSC Staff Attorney Dennis Papp. The Clinic will include a regular classroom component focusing on the Ohio legislative process. The main component of the Clinic is work outside of the classroom. Legislation Clinic participants will work directly with LSC, completing assignments required of regular staff members, including research memoranda and bill analyses.

Wisconsin—Interim Study Committees Gearing Up
by Peter Cannon, Senior Research Analyst, Legislative Reference Bureau
The Wisconsin Joint Legislative Council is well on the way to starting the 2000 cycle of interim studies. The Council has created 11 study committees and soon will have members appointed to the committees. All study committees will include legislators and members of the public with special interest, knowledge or expertise in the study topic. With split control of the houses (Republican control of the Assembly and Democratic control of the Senate), most of the studies are being headed by co-chairs, one from the majority party of each house.

A number of the studies will address issues related to health or social services. The Special Committee on Dental Care Access will examine ways to increase access to dental care by under-served populations, especially those enrolled in Medical Assistance or the Wisconsin Badgercare program. The Special Committee on Use of Prescription Drugs for Children will study possible responses to the increased use of prescription drugs to modify the behavior of children. The Special Committee on Developmental Disabilities will review the funding and staffing of services to people with developmental disabilities and ways to streamline the bureaucracy that provides those services. The Special Committee on Guardians Ad Litem in Actions Affecting the Family will review the guardian ad litem system as it applies to actions affecting the family, including an examination of the appointment, roles, supervision, training and compensation of guardians ad litem.

The remaining committees will study a wide range of topics. The Special Committee on Labor Shortage will study ways to retain Wisconsin college and university graduates in the Wisconsin labor force and ways to add diversity to the building trades, among other topics.

The Special Committee on Condominium Law Review is directed to study ways to protect the investment of current and future condominium unit owners and ways to facilitate the appropriate development of the condominium form of property ownership.
The Special Committee on Arts Funding is directed to solicit information and develop summaries of funding recommendations made by the arts community and local governments. The Council also has authorized a study relating to special education.

Two committees will prepare statutory recodifications, one regarding intoxicated use of motor vehicles and recreational vehicles and the other regarding navigable waters law. In addition, the Council has directed staff to prepare technical recodifications of statutes relating to family law and navigable rivers.

Finally, the council has created the Special Committee on State-Tribal Relations, as it is required by statute to do in each biennium. This committee, consisting of legislators and public members nominated by the American Indian tribes and bands in Wisconsin, is directed broadly to study issues related to American Indians, tribes or bands in Wisconsin.
For more information regarding the studies or to track their progress, visit the Joint Legislative Council web page at www.legis.state.wi.us/lc/.

South Region

Kentucky—Voters to Decide on Annual Legislative Sessions
by Jamie Jo Franklin, Committee Staff Administrator, Legislative Research Commission
In addition to the usual hoopla that a presidential election year brings, Kentucky voters will also be deciding whether to allow the General Assembly to meet in annual working sessions instead of the 60-day biannual sessions held in even-numbered years, as currently authorized by the state’s constitution. The General Assembly does now meet in odd-numbered years but only for 10 days to organize the leadership and committee membership of each chamber. They are specifically prohibited from conducting any substantive business during this period. The proposed odd- year sessions would be limited to 30 working days and must be concluded by March 30th. The legislative sessions in even-numbered years will continue to meet for 60 working days, with a mandated completion date of April 15th.

Kentucky voters most recently turned down the idea two years ago by a 51 to 49 percent margin, with a great deal of opposition being led by the Kentucky Farm Bureau and the Kentucky Medical Association. The 1998 defeat seemed to indicate a split between the urban and rural areas of the state, with the greatest opposition coming from rural areas. Analysts speculated that this was due to the strong influence of the Kentucky Farm Bureau in the rural areas. The groups which opposed the proposal in 1998, as well as the Governor, who had initially been opposed to the proposal, have said that they will not oppose the proposal this time around.
While the 1998 vote was actually the third time that such a proposal has been rejected by the voters (1969, 1973 and 1998), there is an additional catch in this year’s language. In order for the legislature to enact any budget or tax items in the odd-numbered year sessions, such a bill would require a 3/5 vote (60%) of approval in each chamber. It will be interesting to see how the voters react to this latest version on November 7th.

Tennessee—Legislature Wraps Up Lengthy Session
by Denise Sims, Director, House Research Division
State legislators wrapped up one of the longest sessions in history this past June, approving a budget just days shy of the new fiscal year. The $18.3 billion dollar budget included about $445 million more than the previous year’s figure. It gave raises to state workers, teachers and higher education personnel; authorized funds to implement new long-term health care alternatives; and increased funding to insure that TennCare, the state’s health care provider program, is actuarially sound.

Much of the debate during this past session centered on tax reform. And although a special session was convened in October on the issue, and reform efforts continued throughout the regular session, the 101st General Assembly ended without any new taxes on state residents or businesses.

There were a number of bills that received the lion’s share of attention. The Day Care Reform Bill put into place new provisions of accountability, safety and reporting measures for child care agencies and employees. The Graduated License Bill raised the age at which a teenager may obtain an unrestricted driver’s license, and implemented new license requirements for younger teens. The Title 33 Rewrite, establishing the Department Mental Health and Developmental Disabilities, was a massive piece of legislation requiring the cooperative effort of several agencies. Legislation in the areas of victims’ rights, campaign finance reform, parks and natural areas, consumer issues and environmental concerns also carried major importance throughout the session.

During the summer and fall months, oversight and study committees meet to take up issues that were either unresolved or that surfaced during the regular session. This summer will also see many legislators campaigning again in preparation for fall elections.

South Central Region

Northern Plains Region

Iowa—Interim Studies
by John Pollak, Committee Services Administrator, Legislative Service Bureau
The Legislative Council has authorized the creation of interim study committees for the 2000 legislative interim, relating to the following topics: beverage container redemption law; state funding for property tax exemptions on machinery, equipment, and computers; electronic commerce sales taxation; electronic filing of real property instruments; health maintenance organization (HMO) accountability; mental health and developmental disabilities services; personal privacy issues; prescription drug benefits for senior citizens; public retirement systems issues; renewable reformulated motor fuels; redistricting; and judicial compensation. Many of the studies involve members who are not legislators. The studies involving mental health services and electronic commerce sales taxation are to continue their deliberations in the 2001 legislative interim.

Minnesota—Skills Test Scoring Error
by Ann Marie Butler, Senate Counsel, Minnesota State Senate
Almost 8,000 Minnesota students were told that they failed the Basic Standards Test in math when they actually passed due to a scoring error. As a result, 54 seniors were denied a diploma because of their scores on the math exam.

On July 28, National Computer Systems (NCS) and the Minnesota Department of Children, Families, and Learning announced that the testing division of NCS made an error in scoring the March and April administrations of the Basic Standards Test in math. Apparently, six questions on the answer key were incorrect. An NCS employee failed to do the quality control procedure designed to catch such a mistake.

There are many sad stories about the impact of the error on students and their families. Some students were required by the school district to take summer school and had to give up summer jobs. Some seniors had their college scholarships taken away. Other families incurred the expense of enrolling their students in private tutoring to work on skills necessary to pass the test.

At least three lawsuits have been filed against NCS for damages resulting from the scoring error. The Department of Children, Families, and Learning has not been named in any of the pending lawsuits. In addition, the Department is in the process of renegotiating the contract with NCS for future Basic Standards Tests.

Where does the legislature fit into all of this? The Senate’s K-12 Education Committee is looking into the cost to the state, as well as policy implications caused by NCS’ scoring mistake.

Nebraska—Redistricting Task Force
by Nancy Cyr, Legal Counsel, Legislative Research Division
While the creation of redistricting maps is still months away, preliminary steps to insure an orderly, impartial redistricting process are underway in Nebraska. Based on the adoption of LR 494 during the past legislative session, the 2001 redistricting process will be administered by a nine-member Redistricting Task Force, comprised of members of the Legislature. The Legislative Research Division will staff the task force.

Since Nebraska will probably not receive the population figures needed for redistricting until mid-March—when the Legislature’s 90-day session will be half over—the redistricting process must be ready to go, so that redistricting can be completed by the end of the regular session. The new legislative districts must be in place at least one year before the 2002 general election, so that candidates for the Legislature can meet the constitutional requirement that they be residents of their districts for at least one year before being elected to office.

The Legislative Research Division has been busy over the interim putting the pieces of the redistricting process into place. Redistricting hardware and software has been purchased, and Chris Stanton has been brought on board to serve as the Legislature’s computerized mapping specialist. The division’s legal staff is preparing monthly redistricting newsletters to educate and inform legislators and other interested persons about the legal and theoretical principles of redistricting. The staff is also beginning to work on draft redistricting guidelines that will be refined by the Redistricting Task Force this fall and submitted to the Legislative Council for its approval next year.

South Dakota—Interim Studies and a New Staff Director
by David Ortbahn, Principal Research Analyst, Legislative Research Council
This interim period between legislative sessions has been relatively quiet in comparison to past interim periods. However, while this interim lacks some of the controversy of the past, important issues facing the state are still being addressed this summer. The primary interim study committees and issues are as follows:

Agriculture and Natural Resources Committee—A study of the relative rights of public access and use versus private landowner rights when private land is inundated by water from meandered, navigable, or other lakes and streams.

Education Committee—A study to review property tax levies for schools and explore solutions for predicted teacher shortages.

Government Operations and Audit Committee—A review of any findings of abuse or neglect in a juvenile corrections facility and a continuing study of the operation of the state’s correctional system.

Health and Human Services Committee—A study to examine funding, administrative costs, and personnel issues related to adjustment training centers, nursing facilities, and assisted living facilities.

Judiciary Committee—A study of the federal and state laws and administrative rules that protect the confidentiality of medical records and the privacy of personally identifiable information in other areas of the private and public sector.

Taxation Committee—A study of NCSL sales and use tax model legislation.
Interim committees will make their final reports to the Executive Board of the Legislative Research Council in November.
The Legislative Research Council has a new director. James Fry was appointed in April to replace Terry Anderson. Jim comes to the LRC from the South Dakota Department of Revenue, where he had served as a division director.

Mountain Region

Colorado—November Ballot Initiatives
by Kirk Mlinek, Section Manager, Policy Research, Legislative Council
There will be 12 statewide measures on this year’s ballot in Colorado. Some were initiated by citizens (which requires the collection of 62,438 valid signatures), and others were referred by the Legislature (which requires a 2/3 vote in both the House and Senate).
The Colorado Legislative Council staff prepares a ballot analysis booklet that is mailed to every registered voter household.
The following measures were initiated by citizens:

Amendment 20 would allow patients with serious illnesses to use marijuana for medical purposes. (Constitutional amendment)

Amendment 21 would cut each tax bill by $25 for property, income, utility, and vehicle taxes, and would increase the amount of each tax cut by $25 per year. It prohibits the provisions of the measure from reducing the amount of state or local revenue that must be refunded to taxpayers under current law. (Constitutional amendment)

Amendment 22 would require at least one designated licensed gun dealer to obtain background checks on behalf of non-licensed sellers at gun shows. (statutory amendment)

Amendment 23 would require a minimum increase in per pupil funding under the school finance act and for special purpose education programs. In addition, it would divert $4.58 billion of income tax revenue, over the next ten years, to create the State Education Fund. (Constitutional amendment)

Amendment 24 would require local governments that seek to grow beyond areas that have already been developed to propose growth area maps to local voters. Public hearings will be held and the voters must approve growth area maps before new development may occur outside of the developed areas. (Constitutional amendment)

Amendment 25 would require a doctor and licensed counselor to present specific information to a woman at least 24 hours before an abortion and impose a 24-hour waiting period before an abortion is performed. (statutory amendment)
The following measures were referred by the General Assembly:

Referendum A would lower property taxes for qualified senior citizens by subtracting a portion of a home’s value to determine the amount of property taxes owed. To be qualified, a person must be over 65, be a resident of Colorado, and have lived in the same home for at least 10 years. This proposal reduces the taxable value of a home by one-half of the first $200,000 of a home’s value; therefore, homeowners with homes valued at $200,000 and under would receive the largest percentage tax reduction. (Constitutional amendment)

Referendum B would permanently change the reapportionment timetable, by moving up the start of the legislative reapportionment process to April 15th, by allowing additional time for certain steps in the process, and by completing the process by mid-February of the next year. (Constitutional amendment)

Referendum C would allow the General Assembly to determine how a county fills the office of the County Surveyor, either by appointment or election. (Constitutional amendment)

Referendum D would strike references in the state constitution to one-time events that have already occurred, to public offices that no longer exist, and provisions that have expired or are outdated. (Constitutional amendment)

Referendum E would allow Colorado to either negotiate to join an existing multi-state lottery game or to work with other states to develop a new multi-state game. There are currently 8 multi-state lottery games operating in the country. Proceeds from the lottery would be distributed in the same way that current lottery revenues are distributed, but a portion of the revenues would be reallocated to help alleviate public school health and safety hazards. (statutory amendment)

Referendum F would allow the state to keep and spend $50 million in excess state revenue for each of the next five years. These moneys would be used to distribute grants to school districts for math and science programs. These moneys would be exempt from the provisions of TABOR. (statutory amendment)

West Region

Nevada—Constituent Services Unit
by Kimberly M. Carrubba, Research Analyst, Research Division, Legislative Counsel Bureau
Unlike their counterparts in European parliamentary systems, American legislators are spokespersons and advocates for the residents of the districts they represent. For this reason, the institution of the ombudsman that has flourished in other nations has never gained acceptance here. Americans, when they are need information about government, when they are baffled by laws or regulations, or when they feel they have been victims of official injustice or neglect, turn to their congressman or state legislator for help.

Unfortunately, the burden of responding to constituent problems, investigating abuses, and cutting through red-tape can be almost overwhelming for state legislators, especially in states like Nevada where legislators are citizens who serve part time and have no personal staff. In response to a growing demand for constituent services, the Research Division of the Nevada Legislative Counsel Bureau has formed a special unit to handle inquiries and complaints from citizens.

Upon referral from a legislator, the constituent services unit provides citizens with information, assists them in understanding and navigating complex government procedures, intervenes with state agencies on their behalf, and investigates complaints.
The unit also assists legislators in drafting correspondence and preparing for speeches and other public appearances. In all their contacts with citizens, the members of the unit make it clear that they are acting under the direction of the legislator that referred the problem to them.

During the 12 months since the unit has been operating, it has been praised from legislators who want to respond to their constituents but do not have the time to handle every detail of the cases they receive. A Principal Research Analyst heads the unit, along with two Senior Research Analysts and a Research Secretary. Like all staff of the Legislative Counsel Bureau, the unit is central and nonpartisan and treats all legislative communications confidentially, unless directed otherwise by the legislator.

Oregon—Legislative Staff Helps with Initiative/Referral Process
by Jim Stembridge, Committee Administrator, Committee Services
Oregon’s growing experiment in direct democracy involved legislative committee staffers for the first time. A law change from the 1999 legislative session authorized the legislative committee services office to staff committees that write explanatory statements and estimates of financial impact for initiatives and referrals that qualify for November’s ballot.

For the 2000 General Election, seven legislative referrals, 18 initiatives (by petition), and one referendum, 26 measures in all, qualified for the ballot—the largest number of measures since 1914. Two other initiatives were subject to the explanatory and fiscal statement process, but failed to qualify for the ballot due to a lack of signatures. For a description of each qualifying measure, see http://www.sos.state.or.us/elections/nov72000/2000genmea.htm.

The "window" for committees to complete their work was narrow. The deadline for submitting initiative signatures was July 7, and all committee work had to be complete by August 9.

Following is an overly-simplified view of the committee process: Financial impact statements are developed by Executive Branch officials. Each explanatory statement—500 words or less—is composed by a separate committee of five people. Two of the five are proponents (legislators in the case of referrals, appointees of the petitioners in the case of initiatives), two opponents (appointed by the Secretary of State), and a fifth member appointed by the other four. If the members can’t agree on a fifth member, the Secretary of State picks that person; if the members can’t agree on an explanatory statement, an attorney-written explanation officially adopted by the Legislature’s Legislative Counsel Committee serves. Each Committee meets at least twice, to write an explanatory statement, and committees working on contentious measures may meet five to seven times. Each statement is subject to a public hearing, with revision meetings, if necessary.

To facilitate the staffing and scheduling, two staffers took on the job of scheduling over 110 people and preparing public
notices for all meetings. Five committee administrators shared coordination duties for the 28 committees, and nine committee assistants shared recording and minutes-preparation duties. Approximately 100 meetings were scheduled and staffed between July 10 and August 9. To facilitate the process, conference calls with speaker-phones were available for every meeting, and laptop computers with portable printers were conveniently placed in the hearing rooms so that documents could be easily produced for revision purposes and easy certification.

In many cases, committee members disagreed on where to draw the line between a simple explanation of what the measure does, and a more compete explanation of what the consequences of approval would be. Attempts to include discussion of consequences quickly got into pro- and con- campaigning. On a tax-cutting measure, for example, when opponents wanted to include a statement of state services that would be cut, proponents countered with a statement on additional family purchases that could be made with the tax savings. Ultimately, neither comment was included. Since a simple majority of members was necessary for decision-making, fifth members appointed by the committees held a lot of power.

For legislative committee staff, because of the unexpectedly large number of ballot measures, the short time-line, mid-summer time-frame, and the complexity of the process, this was a demanding experience. However, it was also a rare opportunity to work with representative democracy’s "competition", direct democracy.

The Territories

Northern Mariana Islands—Senators Seek Historic Landmark Status for Island of Tinian
by Tony S. Cabrera, House Legal Counsel
The three senators from the island of Tinian and one senator from the island of Saipan visited Washington, D. C. the week of July 24, 2000, to meet with various department and agency, congressional, and non-profit organization officials.

One of the senatorial delegation’s main objectives of their visit was to garner agency and congressional support for the designation of the Atomic Bomb Pits on the the island of Tinian as a national historical landmark/monument within the purview of the National Park Service. Tinian is the island which, along with Saipan, U. S. forces captured from the Japanese during WW II and, later, from which the Enola Gay took off on the atomic bomb mission to Hiroshima.

The senators also informed key officials of plans to host a symposium next year on federal grants and technical assistance available to insular areas. Washington officials were pleased to assist in planning the symposium.

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