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RACSS Newsletter
Table of Contents Chair's Column by Karl Aro Summer is upon us. At least it is here in the mid-Atlantic region. After an exciting (some might call it "riotous") ending to the Maryland General Assembly's 1999 session in April, we are moving into our interim activities, as I am sure many of you in other states are doing. These activities will focus on the further study of unresolved issues, the identification and analysis of policy issues that are new to the public agenda, and planning for the next legislative session. As the calendar tells me, there are fewer than 287 days until the next session of the Maryland General Assembly. Even in "part-time" legislatures, the work of the legislative institution never ceases. Truly, "part-time" has become a misnomer. As you labor at your assigned tasks during these coming months, I hope that you make use of the resources that RACSS and NCSL have to offer. At this year's Annual Meeting in Indianapolis, RACSS will provide sessions on innovative approaches to new legislator orientation programs, stress management, and the political history of Indiana, as well as a look at the organization of Indiana's legislative staff. Additionally, planning for the RACSS Senior Professional Staff Development Seminar (which will once again be held jointly with the Legal Services Staff Section) is well under way. The seminar, which will be held in Charleston, SC from September 30 to October 2 will feature sessions on ethics for legislative staff, effective presentation skills, effective writing for the legislature, and improving workplace relationships. There will also be workshops on statutory construction and comparative legislative staff organizations. Let me also remind you that RACSS produces an annual listing of key legislative research contacts from each state. This is a very helpful resource when you need to find information from another state; I have always found it easier to get information when I am able to speak to someone in the same line of work. This listing can be found on the RACSS homepage on the NCSL website. By the way, the RACSS homepage contains very complete information about our staff section. I urge all of you who are interested in becoming more involved with RACSS to take More information about the programs at the Annual Meeting and the Senior Professional Staff Development Seminar, as well as interesting news from the states, can all be found in the following pages. News from the states (the brainchild of Diane Bolender (IA)) has become a staple of this newsletter over the past two years and I hope it will continue to be a useful tool for keeping up with the goings on across the country. Finally, as this is my last column as chair of Research and Committee Staff Section, let me take a moment to thank all of those who have contributed this past year in the many RACSS activities. Thanks to all of you who wrote articles for the newsletter and to those of you who acted as regional coordinators in that effort. Thanks to Larry Barrish (WI) for chairing the Legislative Staff Awards Nominating Committee, and to D'Ann Mazzocca (CT), Cora Chua (CT), and David Sallach (NJ), who served on the committee. It was their task to select two RACSS members as recipients of the Legislative Staff Achievement Award for 1999. My appreciation is also extended to Bob Erickson (NV), who chaired the 1999 RACSS Nominating Committee, and to Diane Bolender (IA) and Joyce Honaker (KY), who served on the committee. Their work in soliciting nominations and evaluating candidates for RACSS offices was vital to the continued growth and success of the staff section. I also want to thank the members of the RACSS Executive Committee for all their hard work: Bob Erickson (NV), who served as vice-chair; Debbie Terlip (OK); David Sallach (NJ); Cora Chua (CT); David Ortbahn (SD); and Diane Bolender (IA), our immediate past-chair and newsletter editor extraordinaire. I want to especially thank Diane for her wise counsel during this past 12 months. And of course, last but not least by all accounts, a very special thank you to Jeanne Mejeur, our NCSL staff contact. Her competence, knowledge, energy, and dedication are second to none. Finally (it seems there is always another finally), you are RACSS. RACSS exists for you. Please take some time to consider becoming more involved in the activities of the staff section. We'd love to have you. Thanks for a great year. It has been rewarding and fun.
Each year each of the ten NCSL staff sections is given the opportunity to honor two of their members with the Legislative Staff Achievement Award. The award recognizes staff who have demonstrated excellence in supporting the work of a state legislature and strengthening the legislative institution, and who have supported the work of their peers in a staff section. RACSS annually appoints an Awards Committee to solicit nominations and evaluate candidates for the award. Accomplishments considered by the committee include, but are not limited to: * Helping to improve the effectiveness of * Supporting the legislative process and the mission of the legislature * Exhibiting a high degree of professional- ism, competence, and integrity in serving the legislature and the public * Contributing to the work of NCSL * Demonstrating expertise in a particular field * Contributing to existing knowledge Members of this year's committee were Larry Barish (WI), who served as chair, D'Ann Mazzocca (CT), Cora Chua (CT), and David Sallach (NJ). The committee was fortunate in its task to have received nominations for two very qualified and deserving candidates: Diane Bolender of Iowa and David Hite of Colorado. Both are former chairs of RACSS and have dedicated many hours to providing leadership and guidance for the staff section, including planning very successful senior professional development seminars and improving the RACSS Newsletter, to make it a better forum for information exchange among RACSS members. Award recipients from all the staff sections will be recognized in a ceremony at the Legislative Staff Luncheon in Indianapolis. RACSS members will also have a chance to show their appreciation for the work of David and Diane at the RACSS Business Meeting. Congratulations David and Diane!!
July 24 - 28, 1999 RACSS officers have planned a variety of interesting and informative sessions for the 1999 NCSL Annual Meeting in Indianapolis. Following are program summaries: Indiana's Political History From the heydays of the 19th century when politics was a mainstay of social life and entertainment, to the modern era where politics is serious business, Indiana has been a hotbed of state political activity and the state has played a major role in the national political scene. This informative and entertaining program traces the political history of the 19th state and answers the burning question, "what's a hoosier?" Moderator: Philip Sachtleben, Acting Executive Director, Legislative Services Agency, Indiana. Speaker: David Hadley, Professor of Political Science, Wabash College, Indiana. Legislative Staff Services to the Indiana General Assembly and Tour of the State Capitol This session begins in the chamber of the Indiana House of Representatives with an overview of the support provided by legislative staff to the General Assembly, including research and bill drafting services. Following the presentation, guests will tour Indiana's beautiful state capitol, built in 1888 in the Renaissance Revival style and restored to its original splendor in an $11 million project completed in 1988. Please meet at 2:15 at the main entrance of the Convention Center for the short walk over to the Capitol. Program Host: Philip Sachtleben, Acting Executive Director, Legislative Services Agency, Indiana. RACSS Business Meeting and Election of Officers RACSS members will hold their annual Business meeting. The agenda includes the election of officers, discussion of staff section activities for the coming year, and presentation of the 1999 Legislative Staff Achievement Awards honoring Diane Bolender of Iowa and David Hite of Colorado. Presiding: Karl Aro, Executive Director, Department of Legislative Services, Maryland; 1998-1999 RACSS Chair. Managing Workplace Stress Stress in any employment setting is a fact of modern life but legislative staff members work in an especially fact-paced and challenging environment. This program will focus on simple steps and unique ways to reduce workplace stress, improve health and foster a greater sense of satisfaction and productivity on the job. Moderator: Debbie Terlip, Assistant Director, House Research Division, Oklahoma. Speaker: Sue Ann Specht, Specht Consulting Services, Indianapolis, Indiana RACSS Dutch Treat Dinner Renew old friendships and meet new colleagues in a fun and informal evening at the annual RACSS Dutch Treat Dinner. We'll be enjoying German and American food in Indianapolis' oldest restaurant, the Rathskeller, located in the historic Athenaeum, a popular local landmark listed on the National Register of Historic Places. The Athenaeum includes a restored German beergarden that features more than 50 imported specialty beers. Spouses and guests are welcome. Please meet at 7:00 p.m. at the Rathskeller Restaurant, which is located at 401 E. Michigan Street, on the corner of Michigan and New Jersey streets. Orientation Programs for Legislators Whether it's called "the freshman tour" or "issues briefing," many legislative staff are responsible for presenting orientation programs for new and returning legislators at the beginning of each new session. Most programs cover procedural matters, staff services and the legislative process, and many include briefings on key issues facing the legislature. Learn about how orientation programs are planned and presented in three states in this informative session. Moderator: Karl Aro, Executive Director, Department of Legislative Services, Maryland. Panelists: David Hite, Deputy Director, Legislative Council, Colorado; Tom Lewis, Legislative Assistant to the Speaker of the House, Maryland; and Dianne Odrobina, Legislative Council Administrator, Legislative Council, Michigan. Legislative Staff Information Booth Legislative staff attending the Annual Meeting in Indianapolis are urged to stop at the Legislative Staff Information Booth, located in the convention center near the Registration Area, to visit with the staff volunteers and pick up information about the various programs for staff at the Annual Meeting and about the professional development opportunities for staff. The booth will showcase the 1999 recipients of the Legislative Staff Achievement Awards from all of the staff sections. The booth will be open from midday on Saturday, July 24 until 5:00 p.m. and from 8:00 a.m. until 5:00 p.m. on Sunday, July 25. This year the booth is being coordinated by Clare Cholik, South Dakota, and Bill Marx, Minnesota. The staff volunteers will come from all of the various staff sections and will include representatives from the Research and Committee Staff Section. The volunteers will be happy to provide information about sessions at the Annual Meeting or about the legislative staff work they perform in their own states. RACSS Elections: It's time again for the annual election of RACSS officers. Each year RACSS elects a vice-chair, with automatic succession to the office of chair the next year, and two directors for the RACSS Executive Committee, who are elected for two-year terms. This year's Nominating Committee included RACSS vice-chair Bob Erickson, immediate past chair Diane Bolender and Joyce Honaker. The Nominating Committee met by conference call to evaluate the qualifications of candidates for RACSS offices and has selected the following slate for election at the RACSS Business Meeting, which will be held Tuesday, July 27, 1999, from 12:00 to 1:15 p.m, in Indianapolis: For the office of vice-chair: Debbie Terlip, Assistant Director For the office of director: (two vacancies) Cora Chua, Legal Research Attorney Michael Nugent, Supervisor "The Rumors of My Retirement Have Been Exaggerated" Yes, David Hite of Colorado is retiring, but not quite yet! A recent issue of State Legislatures magazine mentioned that both Becky Lennahan and David Hite of Colorado had retired. Becky retired at the end of May, but David will continue his work for the Colorado Legislative Council until the end of the year. David has endured a bit of good-natured kidding from his colleagues, who wonder "if you've retired, why are you still showing up for work?" Our apologies to David for the confusion!
The Legislative Staff Coordinating Committee (LSCC) is the coordinating body for the various staff activities at NCSL. The LSCC is comprised of representatives from each of the staff sections as well as legislative staff who are NCSL officers, members of the NCSL Executive Committee, and members appointed at the discretion of the Staff Chair of NCSL. The LSCC meets several times a year in conjunction with meetings of the NCSL Executive Committee. This year the Staff Chair, Tom Tedcastle of Florida, established four task forces to meet during the year and bring final recommendations to the LSCC at the Annual Meeting in Indianapolis. The task forces held meetings at the LSCC meeting in Asheville, North Carolina in April. Following are overviews of the activities of each of the task forces. Task Force on Promoting and Developing Professionalism for Legislative Staff Ron Snell, NCSL staff, reported that he had followed up on an initiative from last year in which legislative personnel officers in each state provide information about NCSL to new legislative employees. He indicated that the materials distributed will be updated this fall. The LSCC has worked with NCSL staff to prepare a CD-ROM that describes NCSL and the various activities in which legislators and staff can become involved. Ron Snell provided information about a national Internet video conference sponsored by the Robert Wood Johnson Foundation, which NCSL hosted. He announced that the video conference was successful and that video-conferencing provides a means by which larger numbers of legislators and legislative staff can learn about specific topics, without having to incur the costs of travel and lodging. The Task Force agreed that the format should be studied for additional uses. The Task Force also learned that NCSL has been developing a proposal for a National Education Policy Institute for legislative education staff that would be co-sponsored by NCSL and the Southeastern Regional Vision for Education. The Institute would be held at the University of North Carolina at Chapel Hill. The proposal will be discussed at the July meeting of the Executive Committee and if funded, the Institute would be provided without tuition or lodging expenses to the participants. Task Force on Promoting, Developing and Improving NCSL Services and Products The Task Force plans to review a 1996 Report on Services to Staff Sections to determine which of the recommendations have been implemented. The Task Force plans to meet jointly with the NCSL International Programs staff at the Annual Meeting to discuss the international program with them. Task Force on Promoting Public Service and the Legislative Institution Also at the concurrent session, the Task Force will distribute the storyboard for a video describing a day in the life of a legislator. The Task Force discussed criteria for NCSL to establish a Civic Education Award to be given to a state legislature.The Task Force discussed with Karl Kurtz, NCSL staff, NCSL's overall efforts in civic education. Task Force on Planning and Designing the Legislature of the Future The Task Force has determined that it will build upon three axes: confidence in the legislative institution, the use of direct democracy in the future, and the demand for service. The Task Force plans to do planning and problem solving prior to developing a preliminary product and will brainstorm with Dr. Alan Rosenthal, the Eagleton Institute of Politics at Rutgers University, at the Annual Meeting. The Task Force plans to present its preliminary report to a group of selected legislators. Boulder, Colorado August 25-28, 1999 This year's Skills Development Seminar will be held from August 25 through August 28 at the Regal Harvest House in Boulder, Colorado. "Skills" is designed for staff who've been in their legislative position for two or fewer years. The seminar uses small groups and an informal atmosphere for its sessions, and it promotes basic skills with interactive, hands-on exercises. The seminar offers two half-day plenary sessions. John Turcotte will again present his program on Effective Presentation Skills and Stan Stenersen returns with his session on the basics of Effective Writing Skills. Both are proven speakers with practical advice on improving basic skills. The heart of Skills lies in four separate day-and-a-half long tracks. The seminar offers a choice of tracks based on key legislative functions: research and policy analysis, bill drafting, fiscal analysis, or program evaluation. RACSS sponsors the research and policy track. New Look to the Research and Policy Track 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.
September 30 - October 2, 1999 This year's senior professional development seminar promises to be the best one yet. The agenda features proven and practical programs, along with nationally-known speakers. Add to that the Southern charm of beautiful and historic Charleston, and you have the perfect combination for success. Once again, the seminar is being jointly sponsored by RACSS and the Legal Services Staff Section (LSSS). Brochures are being mailed to all staff section members. Registration materials are also available by calling Jeanne Mejeur or Jo Donlin at NCSL, (303) 364-7700. Members of the seminar planning committee include RACSS members Bob Erickson (NV), Cora Chua (CT) and Debbie Terlip (OK), and LSSS members Alice Boler Ackerman (CO) and Marcia Goodman (CT). Preliminary Agenda 8:00 - 9:00 a.m. Registration 8:00 - 8:30 a.m. Continental Breakfast 8:30 - 9:00 a.m. Welcome and Introductions 9:00 - 11:45 a.m. Morning Plenary: Ethical Issues for Legislative Staff (Bruce Feustel) 11:45 - 1:00 p.m. Plenary Luncheon 1:00 - 1:30 p.m. Run-to-your-room Break 1:30 - 3:30 p.m. Afternoon Plenary: Effective Presentation Skills (John Turcotte) 6:30 p.m. Evening Social Event Friday, October 1, 1999 8:00 - 8:30 a.m. Continental Breakfast 8:30 - 11:45 a.m. Morning Plenary: Effective Writing for the Legislature (Stan Stenersen) 11:45 - 1:00 p.m. Plenary Luncheon 1:00 - 1:30 p.m. Run-to-your-room Break 1:30 - 4:00 p.m. Afternoon Plenary: Improving Workplace Relationships (Kevin Kruger) Saturday, October 2, 1999 8:30 - 9:00 a.m. Continental Breakfast 9:00 - 11:30 a.m. Morning Workshops (choose one) s Statutory Construction s Legislative Staff Services Panel 11:45 - 12:15 p.m. Evaluation and Seminar Wrap-up
Working with interns from other countries is a challenging and rewarding experience. As David Hite mentioned in his article on hosting inter- national interns, in the last edition of the RACSS Newsletter, our system of government can sometimes be difficult for foreign staff to understand and our country can be somewhat overwhelming. Here are some practical suggestions for making it a positive experience for all involved. Planning for the Interns
Are you interested in promoting democracy around the world? Would you like to assist new legislatures and legislative staff in developing democracies? Do you have a foreign language proficiency and/or professional skills and experience that can support NCSL's efforts to provide technical assistance to legislative institutions abroad? Then NCSL's International Program Staff wants to hear from you! With democracy arising in many countries, new legislative institutions are looking to us for models of legislative operation, management, and the development of public initiatives. NCSL has been awarded a number of grants and contracts to perform in these areas and is proud to be recognized as the premier source of experience and expertise in the field of legislative strengthening around the world. NCSL is developing a pool of U.S. state legislative staff that it may call upon for future technical assistance projects. You can obtain and complete an application form to be a part of NCSL's international consultants' pool by visiting the NCSL Website or calling Kathy Brennan Wiggins or Tamara Stanton in NCSL's Washington Office (202/624-5400). To find out more about NCSL's International Program or to download an application form, visit us on the web at www.ncsl.org/public/internat/internat.htm or call the Washington Office.
Who: U.S. state legislative staff with French skills interested in international exchange What: Phase I: Needs Assessment Phase III: Workshop Where: Burkina Faso, Chad, Cameroon, and Senegal Ouagadougou, Burkina Faso When: October/November 1999(tentative) March/April 2000 (tentative) Following on several years of successful programs in Francophone Africa, NCSL is undertaking a three-phased program with the National Assemblies of Burkina Faso, Chad, Cameroon, and Senegal with a focus on parliamentary staff roles and responsibilities. NCSL is seeking legislative specialists who: * are proficient in French, capable of working and teaching in a French-speaking environment; * have significant experience in the legislature, preferably in several different positions; * have an excellent working knowledge of the state legislative institution and familiarity * have extensive experience in more than one of the following areas: staff structures * have a basic understanding of the differences between a parliamentary system of government, as found in the participating Francophone countries, and a separation of powers system of government, as employed in the United States; and * are willing and able to commit to the project well in advance and devote the time and energy necessary for planning various aspects of the project, including but not limited to Previous experience as an instructor and with training techniques and methods is highly desirable. Experience in conducting a needs assessment, evaluation, or interviewing is also desirable. Previous international travel, especially to Africa, is advantageous. NCSL's Francophone Africa Parliamentary Staff Training Program is entering its fifth year. Prior NCSL programs in Francophone Africa have included work in the National Assemblies of Benin, Cote d'Ivoire, and Mali; this is the first year of work in Burkina Faso, Chad, Cameroon, and Senegal. The program is sponsored by the U.S. Information Agency and seeks to encourage the fledgling democratic institutions developing in these four West African countries. The program aims to assist in developing a more effective and independent legislature by enhancing each institution's professional capacity and to encourage a greater understanding of the United States. The program will be composed of three phases. The first phase will consist of a needs assessment of the four African parliaments and a familiarization mission; Phase II of the exchange will involve a 14-day study tour to the United States for twelve senior-level parliamentary staff from the four participating countries; and Phase III will involve a five-day regional workshop, presently scheduled to take place in Ouagadougou, Burkina Faso. This project has several goals: * to expose both the African and the American participants to different legislative systems and a variety of professionals within the legislature; * to help the African participants understand the role and responsibilities of staff within * to examine tools that staff use in their work (bill drafting manuals, data bases, rules of * to promote a better understanding of the United States and its people; * to encourage an improved American appreciation of the histories and cultures of the * to facilitate dialogue among the participants from various countries in the hopes of The exchange program will address organizational and managerial issues, member-staff relations, and specific staff functions. This program will attempt to define the critical role staff play in providing member services, particularly non-partisan staff services. Staffing patterns, staff training and hiring qualifications, interacting with members, chamber administration, parliamentary process and procedure, bill drafting, committee services, legislative oversight, record keeping, and research and information services will be reviewed. Note that this project has a sufficient budget to cover all costs related to participation in the internship, including transportation and living expenses, but cannot cover American participants' salaries. NCSL asks that the states support this program by granting the participants any necessary leave. Once selected, participants must provide a letter from the appropriate leadership approving participation in this project. If interested in participating as an assessor or evaluator in Phase I, as a trainer in Phase III, or both, please submit a letter of interest and a resume by fax to Jeremy Meadows at 202-737-1069 by July 9, 1999. Applications will be evaluated based upon, among other factors, extent and type of legislative experience, French skills, and international experience. A phone interview conducted in French will be required. Please feel free to contact Jeremy or Tamara Stanton by phone at 202-624-5400 or by fax at the number above with any questions or concerns. 1999 Legislative Staff Nominating Committee Members of the 1999 Legislative Staff Nominating Committee have been appointed, with the task of selecting a slate of candidates for NCSL Staff Vice Chair and legislative staff membership on the NCSL Executive Committee. Legislative staff who are interested in serving on the NCSL Executive Committee must submit a letter and resume by July 9, 1999 to the chair of the nominating committee, in care of NCSL, 1560 Broadway, Suite 700, Denver, CO 80202. Nominating Committee: Chair: Paula Tackett, Director, Legislative Council Service, New Mexico Members: Clay Dickey, Information Systems Engineer, Office of Legislative Information Technology Systems (OLITS), Florida Marion Higa, State Auditor, Honolulu, Hawaii Jon Hochkammer, Senate Sergeant-at-Arms, Madison, Wisconsin Alfred W. Speer, Clerk of the House, Louisiana Sally Tubbesing, Executive Director, Legislative Council, Maine Alternates: Susan Swords, Senior Coordinator, Office of Legislative Services, New Jersey Janice Mueller, State Auditor, Legislative Audit Bureau, Wisconsin Multi-StateLegislative Document Management Project A new NCSL steering committee was recently created to consider the possibility of a multistate effort to develop a replacement for TextDBMS software. TextDBMS is used in about a dozen states for bill drafting or other legislative applications. Document Sciences Corp., which recently purchased TextDBMS, will no longer carry the product or support new users. A discussion about TextDBMS on the NALIT listserv prompted interest from a number of states looking to upgrade existing bill drafting or document management systems. This discussion continued at the NCSL Legislative Staff Coordinating Committee (LSCC) meeting in Asheville, North Carolina in April 1999. Members of the LSCC decided to create an NCSL steering committee to explore the idea further. NCSL Staff Chair Tom Tedcastle appointed a steering committee made up of representatives from several NCSL staff sections, including RACSS and NALIT. Mark Allred of Utah, NALIT past chair, serves as co-chair of the steering committee, along with Don Schneider, Chief Clerk of the Wisconsin Senate. A full list of steering committee members and background information about the project The Steering Committee held its first national meeting in Chicago on June 5. At the Chicago meeting, the group discussed the idea at length and was very positive about the desirability of continuing the project. The group came to the following consensus about the goals and immediate next steps for this project: GOALS 1. Develop a document and information model for legislative documents. METHODOLOGY The consensus of the Chicago meeting was that legislative documents should be based on Generalized Markup Language (GML) and the GML should conform to a standard. A working group has been established to research legislative documents in the fifty states to determine whether a common markup language or standard format can be developed. Jeffrey Blanchard of the Florida Legislature will head the project. At the end of six months, the group hopes to have a document model and markup for the states. If possible, a proof of concept for a multi-state application will be developed. (A proof of concept is a sample application used for testing and evaluation.) Other members of the working group include Phil Herron of the Florida House Bill Drafting Office; Sean Johnson, Information Technology Director for the Florida House of Representatives; Mark Allred, Research & Systems Analyst, Utah; Sharon Crouch, Systems Director, Virginia House of Delegates; and Aaron Allred, Legislative Manager, West Virginia. This group also welcomes the involvement and participation of other legislative staff who are interested in the project. The Steering Committee members at the Chicago meeting suggested that interested states may wish to contribute funds toward the expenses of the project. The amounts and methods of contribution are to be determined at a later time. NEXT MEETING The working group will prepare a working document for review and discussion at the NCSL Annual Meeting in Indianapolis. The meeting is scheduled for Monday, July 26 at 4:15 p.m. If you would like to be involved in this project, please contact Jeffrey Blanchard at 850-922-2956 or jeffrey.blanchard@leg.state.fl.us. Following are stories from around the states, gathered by our network of Regional Coordinators and State Contacts. 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: Cora Chua, (860) 240-0075 Mid-Atlantic: David Sallach, (609) 984-0231 South: vacant Great Lakes: David Lovell, (608) 266-1537 South Central: Willa Black Sanders, (501) 682-1937 Northern Plains: David Ortbahn, (605) 773-3251 Mountain: David Hite, (303) 866-3521 West: Anne Tweedt, (503) 986-1496 The Territories: vacant
Connecticut-Budget Surplus, New Ombudsman, Racial Profiling Top Legislative Agenda The General Assembly met its constitutionally-mandated adjournment deadline on June 9, 1999, after passing 307 bills. Members returned on the following Monday in special session to pass two additional bills to implement the budget. Besides passing the budget, a major issue for the first year of the biennium, the legislature approved bonding measures for economic development projects in Hartford and New Haven. It also arranged to give $50 tax-free rebate checks to 2.2 million Connecticut residents, funded with about $110 million from the state's budget surplus. A new law creates an Office of Managed Care Ombudsman to assist health care consumers in their dealings with managed care plans. The legislation's other provisions establish coverage requirements for experimental treatments and drugs, chronic illnesses, prostate cancer screenings, and Lyme disease among other things. It protects the privacy of medical records. The Department of Public Health will develop profiles of state licensed physicians and make them available to the public. Another measure prohibits "racial profiling" and requires police to collect traffic stop statistics for use in reviewing the prevalence of discriminatory traffic stops and the disposition of complaints. The state will develop a new juvenile training school with bond authorizations passed this year. The legislature passed a number of changes strengthening the domestic violence laws and the state's witness protection program. Another law makes it a felony for anyone to intentionally get another person's personal identifying information and use it for an unlawful purpose. Summaries of the major public acts are posted on the Internet at http://www.cga.state.ct.us/olr/ Maine-Technology Upgrades The 119th Maine Legislature is well into its First Regular Session. Nearly 2,200 bill have been filed and are under consideration by the joint standing committees. The number of bills filed this session increased dramatically, up 15% from 2 years ago and 40% from 4 years ago. Top issues this Session include: education funding and funding formula, research and development (resulting in a new joint select committee on R&D), tax law changes and proposed gasoline tax increase to fund highway and bridge improvements, patient's "bill of rights", elections and campaign finance and marine fisheries regulation. The session is scheduled to adjourn by May 31. The Legislature has retained a consulting firm to assist it with a multi-year, multi-phase project to migrate all legislative computer systems from an outdated legacy system to an integrated, Windows-based client/server system. The first phase, beginning this Spring, is a business process review, to be followed by development of new bill drafting and tracking systems. Maine continues to increase its use of the Internet as a way to make legislative information available to state agencies and the general public. Searchable Maine statutes are available on the Internet. Maine law requires that legislative documents, committee hearing and work session schedules, status of legislation, study reports and voting records of Legislators be made available through the Internet. The Maine Legislature's website address is: www.state.me.us/legis.
New Jersey-Technology and Privacy Program On April 26, 1999, the New Jersey Legislature's Council of Academic Policy Advisors (CAPA) and the Office of Legislative Services hosted the "Technology and Privacy" program at the State House Annex in Trenton, New Jersey. The program brought together policy makers, members of the academic community and representatives of the private sector for panel discussions and presentations on privacy issues related to the rapid development of the Internet and other information technologies. Over 100 people participated as panelists or members of the audience. As noted in an article in the Spring 1998 RACSS Newsletter, the Council of Academic Policy Advisors was established on a bipartisan basis by the State's Legislative Leaders for the current 1998-99 legislative session. Its creation was the result of a decision by the Legislature to seek a new partnership with New Jersey's colleges and universities to utilize academic expertise more effectively in the deliberations of the Legislature. The 57 CAPA members selected represent 18 universities and colleges and have expertise in approximately 50 policy areas. Their backgrounds are in areas including criminal justice, education, environment, health, housing, gambling, public utilities deregulation, ethics and conflicts of interest, urban issues, export promotion, gerontology, open space preservation, land use, job training, telecommunications and local government. The "Technology and Privacy" program started from an idea suggested by a CAPA member, Professor James Katz of the Rutgers University School of Communications. Ultimately, his proposal evolved into the April 26th program devoted to consideration of the public policy issues raised by rapid advances in information technology and the resulting implications for personal privacy. Three legislators spoke at the program and indicated their concerns about maintaining responsibility on the Internet, and assuring that privacy protection laws catch up with continuing technological developments. One panelist, a legislative staff member, discussed how previous Legislatures dealt with "smart cards" and other technological devices in terms of their concerns about privacy. In addition, members of the academic community spoke at the program about social and technological forces affecting privacy. Further insights as to the rapid changes in the Internet and to private sector initiatives to provide some personal privacy for Internet users were provided by a panelist who works for AT&T Research. It is anticipated that this program is the first of such events that will foster increased communication and cooperation between faculty and administrators of New Jersey's institutions of higher education, the members and staff of the Legislature and representatives of the business community. Another program, on a topic of mutual interest to the Legislature and the academic community, will probably be scheduled at a later date during this calendar year. New York-Emergency Spending Bills Keep Government Operating For the fifteenth consecutive year, New York was unable to enact a budget by April 1st. Consequently, 1999 has been dominated by the budget stalemate, with government services continuing through the passage of two-week emergency spending bills. Governor Pataki insists on holding spending increases to less than the rate of inflation to ensure sufficient revenues for enacted tax cuts in future years. Both house of the Legislature are advocating additional spending but the differences are significant. The Senate's recently adopted one-house budget exceed the Governor's by $1.1 billion, while the Assembly advocates a spending plan that would increase state spending by $2 to 4 billion, depending on the estimate used. The budget impasse has been contentious and lawmakers are not getting paid as a result of a law enacted in December 1998, which delays their paychecks until a budget is adopted. While a recent court ruling declared the delayed paycheck law unconstitutional, the Governor is appealing the ruling and continuing to have the state treasurer hold legislators' paychecks. Only two significant laws have been enacted to date. Facing an extended federal deadline, an agreement was finally reached to bring New York into compliance with the federal Adoption and Safe Families Act of 1997. The other significant law, highlighted and advocated during a hotly-contested special election for a Senate seat, resulted in the repeal of the 33-year commuter tax on suburban commuters who work in New York City (.45 percent of 1 percent). Connecticut and New Jersey have filed lawsuits challenging the law since the commuter tax repeal did not apply to commuters from those states. While numerous other issues have received attention, the Governor and the Legislature have not been able to reach agreement on: * enhancing school safety; * enacting court reform; * reforming the State's juvenile justice system; * extending the State's Superfund for hazardous waste cleanup, including brownfield development; * extending the Health Care Reform Act, which deregulated New York's hospital reimbursement system; * reforming tort laws; * revising the State's tough drug laws; * using the State's share of the tobacco settlement; * adopting a variety of crime measures (addressing sex crimes, ending parole, etc.); * continuing Medicaid cost containment laws enacted since 1995; and * protecting the public by giving courts the authority to order medications and other needed mental health services for those with mental illness who have discontinued a treatment regimen. Pennsylvania-Spending Bills Passed Due to a continuing growing economy, the General Assembly once again enacted a state budget well ahead of the end of the Commonwealth's fiscal year, June 30. Governor Ridge signed the $19 billion state fiscal plan on May 5. Among other things, the budget contains $400 million in tax cuts for individuals and businesses, a $96 million expansion of the Senior Citizens Rent Rebate and Property Tax Exemption Program, restoration of funding for State Police protection to municipalities without local police, and the reviving of Sewage Treatment Operation Grants that the Ridge Administration had reportedly sought to eliminate. The Legislature also approved $8.7 million for the Environmental Stewardship Fund, but enabling legislation must be enacted, most likely as part of the Governor's Growing Greener proposal, before the appropriation may be used. In addition, the General Assembly allocated $43 million in new state funding for the Agricultural Conservation Easement Purchase Program, and placed $150 million into the State's Rainy Day Fund, which will increase the balance in that account to approximately $1 billion. After a three week recess, the General Assembly will reconvene on June 7, 1999, before breaking for the Summer, for two weeks to possibly consider the Governor's school voucher proposal, which at the time of the writing of this article, apparently was still short in the number of votes needed to pass in both the Senate and House of Representatives. Virginia-Communicating with Legislators Finding the right balance for communicating with legislators can be elusive and temporary. As we all know, communication that is too much, too frequent, too little or too late is too easy to ignore. In Virginia, after some trial and error, we think we have hit on a formula that seems to work well for both legislators and staff: we try to time our publications on "moments of truth." Session communications Between sessions How does all this get accomplished? A very hard working staff and one relentless publications director. By the way, many of the Division publications and links to other important sites can be found on our web site at http://dls.state.va.us/.
Florida-History in the Making The 1999 Regular Session was a historic one for the Florida Legislature. For the first time since Reconstruction, Republicans controlled the Florida House of Representatives, the Florida Senate and the Governor's Office. This in itself will mark the pages of Florida history, but equally noteworthy are this year's legislative accomplishments. Below is a sampling of some of the landmark legislation adopted by both chambers. Education Reform Tort Reform
For more information, contact Maggie Moody, Council Director of the House Civil Justice Council. Environmental Restoration, Conservation and Preservation Building on the successes of P2000, through which the state has already acquired one million acres, Florida Forever maintains a strong emphasis on traditional land acquisition, yet it also recognizes and provides for the needs of the next decade by placing more emphasis than its predecessor on water-related needs, such as water restoration and water resource development, and increasing the amount of money available to urban areas for recreation needs. Learning from the P2000 experience, Florida Forever also provides for enhanced public access to acquired lands by allowing recreational uses ranging from hiking, bird watching, and horseback riding to fishing, hunting, and camping; encourages more use of less-than-fee acquisition techniques; provides more funding for land management; clarifies procedures for surplusing lands no longer needed for conservation purposes; and simplifies a "payment-in-lieu-of-taxes" structure originally established to assist small, rural communities hard-hit by the loss of property tax revenue. Recognizing that as the state's population continues to grow there is greater potential for conflict between preserving more land and providing certain necessary services, the program also authorizes certain "incompatible" uses on state-owned lands, such as linear facilities, but only when the entity holding title has determined that certain established criteria have been met. Basically, the use must be compatible with the natural resource values of the land, the titleholder must be reasonably compensated, and due consideration must have been given to the use of other available lands. For more information, contact Sheri Levine, Council Director of the Resource and Land Management Council. Tax Relief
For more information, contact David Coburn, Council Director of the House Fiscal Responsibility Council, or Alan Johansen, Staff Director of the House Finance and Taxation Committee. Kentucky-Legislative Intern Program In preparation for the 2000 Regular Session, the Kentucky Legislative Research Commission (LRC) recently selected its next intern class of 26 college juniors and seniors. Students accepted into the legislative intern program work full-time as members of the LRC staff during a biennial legislative session. Each intern receives a $900 monthly stipend and college credit for the placement. The intern program, which began in the early 1960's, places the interns on legislative committees' staffs and in the LRC's Public Information Office, Constituent Services Office, and Director's Office. Twenty-two Kentucky college and university campus coordinators begin the process of recruiting and screening each intern class at least one year before the regular session begins, in January of even-numbered years. In the Spring preceding the session, a panel of veteran LRC staffers screens, and the LRC Director selects, the intern class from the candidates nominated by each college and university. The panel, composed of staff who will be supervising the interns, interviews the candidates and reviews their written submissions. In addition to working as members of various staff groups within LRC, the interns have weekly seminars in which they discuss governmental processes and policy issues with legislators and officers of the executive and judicial branches of state government. Prior to assuming their duties, the interns will complete a three-day orientation program in November. Sheila Mason, LRC's Research Coordinator, is also LRC's intern program coordinator, succeeding Bill Miller who is retiring from the Commission staff. Tennessee-Tough Session Includes a Budget Deficit and the Roadkill Bill Tennessee received the most notoriety this session for the passage of what was termed the "roadkill bill." As amended, the bill would allow drivers who hit and kill a deer with their car to pick up the deer without first having a wildlife resource officer tag it. There was a lot of light-hearted kidding as the House sponsor was asked on the floor if he expected a "bumper crop" this year. All joking aside however, the Tennessee Legislature endured a difficult session. When the 101st General Assembly convened in January, few, if any, legislators realized Tennessee faced a $415 million budget deficit. In the midst of the regular session Tennessee lawmakers debated tax reform during a four week special session. (Currently, Tennessee has no state income tax but has an overall 8.25% sales tax on most goods, including groceries.) Legislators heard testimony from the state comptroller, state treasurer, accountants, and tax experts during Finance Committee meetings as members were apprised of the crisis. After the fourth week, no agreement on tax reform was reached and the special session was adjourned. As a result, legislators considered numerous proposals for budget cuts as the end of session approached. The budget agreement reached by the House and the Senate closed several business tax loopholes, placed a 8.25% tax on cable television services above $15, and transferred money from the Tennessee Housing Development Agency in order to balance the budget. The final budget also cut $11 million from a proposed home and community based care program for the elderly and cut salary increases for most state employees and teachers. It is likely that legislators will return later in the fall for another special session on tax reform. The budget crisis had an impact on all the legislation considered this year. Careful considerations were made before creating new programs. The legislature did approve $15 million for improvements in the state's foster care program. Improvements were based on recommendations by the Child Welfare League of America and the Ad Hoc Committee on Foster Care. The funding will allow the Department of Children's services to hire the needed case managers, supervisors and attorneys. The state's Medicaid equivalent, TennCare, also received an increase in funding to ensure doctors receive a higher reimbursement rate. In addition, the school safety grant program, established last year, received an additional $5 million to further encourage innovation in school safety efforts. Other bills of interest that passed this year included the "Don't call me during dinner" bill which would set up a registry allowing consumers to request that they not be contacted by telemarketers. In addition, the state will license and regulate body piercing and tattoo parlors. The Legislature also passed "anti-spamming" legislation aimed at unsolicited email advertising and it passed a bill to create the offense of identity theft. And finally, a bit of trivia. According to one of our researchers, Tennessee also passed the first bill in the nation that would limit the liability of street sweepers. (Just in case a street sweeper is hit cleaning up roadkill!) Throughout the summer, several of the Legislature's ad hoc and study committees will meet. Issues to be considered include: divorce and parenting, charter schools, school safety, zero tolerance, prisons, and various transportation issues. Tax reform will most likely be the focus however of the Legislature's interim activities before reconvening in January. Stay tuned for an update later this year.
Indiana-NCSL to Meet in Indianapolis The Indiana General Assembly finished its 1999 legislative session approximately two months ago. Nonetheless, the Legislative Services Agency staff members are still abuzz with activity. This time they're gearing up for the General Assembly's return to Indianapolis during the last week of July for the annual meeting of the National Conference of State Legislatures. An estimated 5,000 state lawmakers, staff members, and their families will participate in the annual meeting. Approximately 300 volunteers, 57 of whom are from the Legislative Services Agency, are currently being trained to assist in the administration of the annual meeting. The volunteers will help with everything from registration to transportation to assisting within the various activity venues. The volunteers are also enthusiastic about helping out at two social events for the NCSL delegates. The opening social event will take place at the Indianapolis Motor Speedway on Sunday night, July 25th. The conference will close with an event at the world renowned Children's Museum of Indianapolis, on Wednesday, the 28th. The Legislative Services Agency has recently received its interim committee assignments from the legislative leadership. Interim study committees that are newly established include committees to study criminal justice, juvenile law, restorative justice, bureau of motor vehicles issues, and comprehensive health insurance issues. The Legislative Services Agency will soon warmly welcome back veteran attorney Craig Mortell to its Office of Bill Drafting and Research. Mr. Mortell is returning to the agency after holding positions in the insurance industry and with Indiana's Teachers' Retirement Fund. Michigan-Legislature Begins Summer Recess on High Note The Michigan Legislature wrapped up the initial phase of the Ninetieth Legislature (1999-2000) with a flourish of legislative activity. Surpassing expectations, as a large number of freshman legislators took office following the exodus of long-serving term-limited House members, the legislature ironed out the annual state budget and passed measures in a number of substantive areas including crime and public safety, education reform and school violence, and, particularly, tax reform. Indeed, 1999 Public Acts 1 to 6 cut the state income tax by 0.5 percent from 4.4 percent to 3.9 percent over a five-year period and guaranteed that the State School Aid Fund would be held harmless by the tax cut. This historic tax initiative was followed by the dramatic passage of legislation to eliminate the state's principal business tax-the Single Business Tax-a value-added tax with a rate of 2.3 percent. Under the provisions of Enrolled Bill No. 4745, the SBT will be completely phased out, over a period As in past sessions, education issues dominated much of the debate. The culmination of these efforts was legislation to create a Michigan Merit Award Scholarship program and fund, designed to utilize the bulk of the expected tobacco settlement revenues, for up to a $2,500 scholarship for pupils meeting certain standards on the state educational assessment tests. House Bill No. 4666, establishing the award program, was enrolled on June 17, 1999. Crime control efforts were also in the forefront of the legislative agenda. Laws were enacted to strengthen the prohibitions on use of the Internet to entice minors (1999 PAs 32, 33, and 39), home invasion (1991 PAs 44 and 45), and the use of controlled substances or possession of weapons in jail (1991 PA 28). Drunk driving laws were also enhanced to allow vehicle impoundment and forfeiture (1999 PAs 21, 22, and 51). Moreover, the practice of organ harvesting was outlawed by 1999 PA 62. Finally, the Legislature passed legislation to move the state's presidential primary up to the 2nd Tuesday in February (Enrolled House Bill No. 4408), prevent school violence (Enrolled House Bill No. 4240), and expand the tax-free renaissance zone program (Enrolled House Bill No. 4733). In other areas, 1999 PA 17 and related acts require drug testing for social services benefits, Public Act 29 makes failure to wear seat belts a primary offense, and 1999 PA 10 reorganized the Detroit Public School Board by providing for an appointed school reform board and a chief executive officer, with the elected board serving in an advisory role.
Arkansas-Speaker of The House Appoints Tobacco Settlement Task Force House Speaker Bob Johnson announced his appointment of a special task force of representatives to develop a decision-making process for managing Arkansas's portion of a nationwide tobacco lawsuit settlement, at a press conference on June 1, 1999. Arkansas is anticipating more than $1.6 billion from the Tobacco Settlement. The 20-member Tobacco Settlement Task Force will include the chairpersons of the 17 House standing, select and joint select committees, the House co-chair of the Legislative Council, the House vice-chair of the Legislative Joint Auditing Committee and the Speaker of the House. The Task Force will hold meetings in advance of a special legislative session the governor is expected to call later this year for the specific purpose of addressing tobacco settlement issues. The two key areas of legislative concern related to the tobacco settlement as identified by Speaker Johnson are: 1) Whether to receive the settlement funds in a lump sum or in increments over a period of 25 years; and 2) How to best utilize or invest the funds in keeping with terms of the settlement and in addressing issues related to tobacco-related illness. Arkansas-Effects of Term Limits In Arkansas, the 1999 legislative session was the year of impact for the House of Representatives, since term limits went into effect. Out of 100 House members, 54 served their first term and the Speaker of the House served his third and final term. Some observations follow on the effects of term limits on the House: The committees operated more efficiently. There was more debate in committee and less debate on the floor, as new members trusted the committee system to resolve issues in bills. New committee chairs were very conscientious. For conducting the committee meetings, a short guide was written by one of the committee chairs, and overall, the meetings went smoothly. Demeanor was different in committee meetings. The meetings were more formal and business-like than in prior sessions and members were more attentive. However, the new members were not as prepared in presenting their bills in committee. Due to inexperience, they did not "work the committee" in advance of the meeting when the bill was to be considered. Members were inexperienced in using rules to advance or block bills, and this was true in both committee meetings and on the House floor. New members relied more on the staff for procedural questions, and they were more willing to consider and use information we provided. Lobbyists spent more time attempting to influence House members. New members might listen to lobbyists, but the members were more interested in studying the issues and drawing their own conclusions. Lobbyists attended committee meetings as they found that a simple phone call did not give them the desired results. Also, lobbyist functions were not as well attended, forcing the lobbyist to work more in the capitol building. It will be interesting to observe the effects of term limits in the year 2001 when the major impact of term limits will be on the Senate. Missouri-Court Decision Mandates Change on Concurrent Resolutions There was no particular pattern to the legislation passed in the 1999 regular session of the Missouri General Assembly. Continuing strong revenues and the desire to avoid refunds under the state's revenue limitation laws led to the third straight year of tax cuts. The biggest cut is an increase in the personal exemption for state income tax. Other major legislation enacted graduated driver's licensing, programs for the improvement of reading by school children, increased availability of information on child and elder care providers, and assistance for value-added agricultural activities. In a decision just released, the state supreme court, ignoring a line of cases and the plain meaning of the state constitution, nailed down the doctrine that concurrent resolutions with the force of law must be treated procedurally as bills, with titles, reading on three days, etc. So legislative procedures in use for nearly two centuries must be dumped. To be fair about it, the General Assembly brought this on itself by using concurrent resolutions to suspend and overturn executive agency rules without presenting the resolutions to the governor for approval or veto, as the constitution requires. On a humorous note, when a law professor at the University of Missouri-Kansas City wrote an op-ed piece for the Kansas City Star complaining that the quality of legislation was going down because there were too few lawyers in the Missouri General Assembly, the House took umbrage and cut over $2 million from the university's capital improvement budget, directing it to the House, Senate and Legislative research staffs. But before the research staffs could spend this extra money, the wise Senate, doubtless in response to the very "high horse" editorial fulminations of the Star in reaction to what were called the House's "Soviet-era tactics," restored the money to the university. A long-time Jefferson City reporter noted the inability of both editorial boards and university faculty members to understand certain legislative actions. Experienced hands knew not to rush out and hire a bunch of new people with the money. By the way, the law professor who set off the whole thing teaches a legislation class and his column showed no awareness of the existence or role of legislative staff. I guess we could have used the extra money for a public awareness campaign. Oklahoma-Criminal Justice and Education Reform Still Unresolved Frustrations of a new nature marked the 1999 legislative session, as Oklahoma broke with its history as a one-party state, and the Democrat-controlled House and Senate worked with the A slowing state economy, due primarily to low prices in the energy and agriculture sectors, caused a tight revenue picture. The state budget was reduced slightly at mid-year to find room to give tax reductions to the struggling oil and gas industry. Apart from a long-term commitment to a large state road program, little growth was afforded to other critical areas of state and local governments.
Iowa-Top Issues Include Education Improvement, Drug Enforcement, and Taxation Education In the area of education, which encompasses more than half of yearly state outlays, $10, $20, and $30 million is appropriated in the next three fiscal years respectively to reduce class sizes in the lower elementary grades, to improve basic skills such as reading, and to assess student performance. Property tax reduction was the primary subject of legislation which increased state funding for both special education and talented and gifted programs. Other legislation addressed teacher preparation, shortage areas, and mentoring. Methamphetamine A new 99-year indeter- minate prison term is created for delivery of methamphetamines to minors, while providing for sentence reductions for offenders cooperating in the prosecution of other persons and deferring offenders convicted of delivering small amounts of methamphetamine to a new drug court program. Another enactment complements the criminal penalty legislation by appropriating funding for more narcotics enforcement agents and criminologists, for a methamphetamine laboratory emergency response team, and for additional methamphetamine treatment. Other Significant Legislation Other significant legislation targeted managed health care by expanding legal protections for patients through regulation of continuation of care, more health care provider control of treatment, and a managed health care grievance process; private employer drug and alcohol testing of employees is addressed by providing for alcohol testing and rehabilitation; agricultural industry economic development is supported by authorizing investment of state pooled moneys in traditional livestock production and in more nontraditional value-added agricultural projects; and a ban on the sale of the gasoline additive MTBE (methyl tertiary butyl ether) was enacted. Minnesota-Tax and Spending Bills Make for Hectic Session End The 1999 session of the Minnesota Legislature adjourned at the Constitutional deadline of midnight, Monday, May 17. While we are all accustomed to dealing with the pressure of deadlines and large volumes of work to be prepared at the last minute, the ending of this year's legislative session seemed far more rushed and filled with uncertainty than any year in recent memory. The Legislature enacted a $25 billion budget for the biennium beginning June 30, 1999. The budget is comprised of ten major tax and spending bills, and typically all of these bills are resolved during the last week of the legislative session. However, as of late in the day on the Sunday before the date of adjournment, six of these bills were still being negotiated in the conference committees, and it appeared unlikely to many observers that compromises could be reached in time to prepare the bills. Agreements on two of the most significant and most lengthy bills, the K-12 financing bill and the Health and Human Services bill, which was over 600 pages long, were not reached until Monday morning, leaving less than 18 hours for the final drafts of those conference committee reports to be drafted, proofed, and processed. Negotiations on the state government finance bill and the bonding bill were concluded even later on Monday. In previous years, the legislative rule requiring that a written copy of a conference committee report be placed on the desk of each member of a house 12 hours before it was acted upon, was interpreted to require that printed copies be made available to the members before the vote occurred. The application of this rule served to impose a practical deadline on the deliberations of the conference committee that would provide time for the final draft of the conference committee report to be prepared and copies made for the members. It was well known that the multi-hundred-page conference committee reports would take several hours to be copied. This year, however, with most members of both the House and the Senate having laptop computers at their desks in the chambers, the process changed. On the Saturday before adjournment, the $1.1 billion Crime Prevention and Judiciary funding bill was passed by the Senators with no hard copies available to them. Instead, the Senators reviewed the draft of the conference committee report on their computers. This experience undoubtedly led to the conclusion that this practice could be employed for other bills for which agreement was reached only at the very last minute. Needless to say, there is a fair amount of concern on the part of the staff that this practice may result in pushing deadlines for reaching agreements even further past the point where staff has the ability to review and process the drafts. Nebraska-Legislative Passes Two-Year Moratorium on the Death Penalty Nebraska lawmakers broke new legislative ground when they voted, 27-21, to enact legislation imposing a two-year moratorium on the death penalty. LB 76 prohibited the Nebraska Supreme Court from scheduling any executions during a two-year period, ending September 1, 2001. Other proceedings relating to capital cases, such as sentencing a defendant to death or appealing a death sentence, could continue. In conjunction with the moratorium, LB 76 also directed the Nebraska Commission on Law Enforcement and Criminal Justice (known as the crime commission) to review and analyze all criminal homicide cases committed on or after April 20, 1973. The analysis would examine: * The facts of each case, including mitigating and aggravating circumstances; * The race, gender, religious preference, and economic status of the defendant and the victim; * The charges filed; * The result of the judicial proceeding; and * The sentence imposed. Supporters of the legislation contended that the study would determine whether the death penalty is imposed in a fair, uniform manner, and the moratorium was necessary pending the results of the study. Opponents of the measure feared that the bill's passage would serve as the first step toward abolition of the death penalty. Nebraska Governor Mike Johanns vetoed LB 76 on May 26, 1999. He also vetoed the accompanying appropriations bill, LB 76A, which appropriated $160,000 from the General Fund, to finance the study. While the Legislature made no attempt to override the governor's veto of the moratorium, it successfully overrode the veto of LB 76A, indicating that the body felt it was important to conduct the study. Deeming its legislative work complete, the Legislature voted to end the session on the 89th legislative day (May 27, 1999), rather than meet the full 90 days. The early adjournment was the first since 1979. North Dakota-Session Highlights: Technology and the Tobacco Settlement The 1999 North Dakota Legislative Assembly passed several bills relating to information technology. A single state agency will be responsible for all wide area network services for both the state and political subdivisions. Another bill limits state and political subdivision liability for failure to become year 2000 compliant. Legislation was also enacted which prohibits shipping alcoholic beverages into the state except to a licensed wholesaler, which is intended to limit sales of alcoholic beverages via the Internet. Other legislation limits the authority of the Attorney General as a result of issues raised by the recent tobacco settlement. Funds recovered by the Attorney General as a result of court proceedings or negotiated settlements in the future must be deposited for appropriation by the Legislative Assembly. Another bill limits the authority of the Attorney General in using contingent fee contracts with private attorneys. Bonding for flood control, restrictions on local zoning with respect to large-scale livestock feeding operations, and bonuses to school districts that reorganize were subjects of other legislation enacted in 1999. South Dakota-Highway Funding Package The 1999 South Dakota Legislature adjourned for the year on March 23 and ended a relatively quiet legislative session in 39 legislative days, one day early. Only 260 bills were enacted this year. This was the fewest number of bills to be enacted in a year by the Legislature since 1964 and 116 fewer than the average number enacted during a 40-day session. Of the bills introduced in 1999, only 46.8 percent were enacted. This was below the previous average of 57.7 percent for a 40-day session. One of the most significant new laws to be enacted this year was a highway funding package that would increase the state motor fuel tax by four cents and increase motor vehicle license fees for the first time in more than thirty years. This will result in a substantial increase in revenues available for highway construction and maintenance by the state and by local governments. Also, new laws to regulate livestock packers, to regulate health insurers offering managed care plans, and to revise eminent domain procedures for railroads, received considerable attention as they passed through the Legislature. This summer, interim legislative committees were appointed to study the use and sale of illegal drugs and the misuse of prescription drugs in the state, to study risk pools for health insurance coverage and the affordability and availability of health insurance in the state, to study the various revenue sources for financing K-12 education and the means used to distribute those revenues, and to study the procedures used in the valuation and assessment of all real estate for taxation purposes. The number of interim committees appointed is down compared to previous years.
Colorado-Tax Cuts and Spending Top Legislative Agenda The constitutionally mandated 120-day annual legislative session came to an uncharacteristic end on the final day, May 5. The 10 p.m. sine die was the first time in recent memory the General Assembly had adjourned before midnight, the last possible moment. Adjournment came abruptly after legislators failed to decide how to spend Colorado's $2.6 billion tobacco windfall. The House killed a Senate bill to fund health care for poor children, anti-smoking education programs and capital construction needs for public school districts. A final decision will wait until the 2000 session. Tax Cuts Transportation Gun Rights Politics Some Humor "Prairie dogs, prairie dogs, Montana-Legislature Reorganizes Committee Structure Following statutory changes that significantly reorganized the structure of interim committees, legislative staff agencies in Montana will be engaged in a busy 1999-2000 interim, providing support to 11 committees and 10 to 20 additional subcommittees that will conduct some two dozen interim studies, provide legislative review and monitoring of the Executive and Judicial Branches, and undertake both procedural and substantive review of administrative rules. With the adoption of Senate Bill No. 11, the 56th Montana Legislature eliminated about a half-dozen statutory committees, whose purviews ranged from revenue and taxation oversight to public employee pensions, and created six separate and distinct statutory entities defined as interim committees. Additionally, SB 11 expanded the authority of the Legislative Council to manage committee and staff workloads, expand committee memberships, and appoint even non-legislators to subcommittees. The following identifies interim committees and other legislative committees: Interim Committees: * Business and Labor Committee-Gordon Higgins * Education Committee-Connie Erickson * Children, Families, Health, and Human Services Committee-Susan Fox * Law, Justice, and Indian Affairs Committee-Leanne Kurtz * Revenue and Taxation Committee-Jeff Martin * State Administration, Public Retirement Systems, and Veterans' Affairs Committee-Sheri Heffelfinger Pre-Existing Committees: * Legislative Council-Bob Person * Legislative Audit Committee-Scott Seacat * Legislative Finance Committee-Clayton Schenck * Environmental Quality Council-Todd Everts * Legislative Consumer Committee-Bob Nelson * Transition Advisory Committee-Stephen Maly * Montana Districting and Apportionment Commission-Susan Fox As in recent legislative interims in Montana, the 1999-2000 interim promises to keep legislators, staff, executive branch personnel, lobbyists, the media, and citizens relatively busy over the next 18 months. With committee restructuring only beginning, legislators and others will face new challenges and opportunities. And while 18 months may seem like a considerable period of time, there is much work to be done on numerous and significant public policy issues in Big Sky Country. Legislative staff contacts are willing to answer questions regarding the many issues facing the Legislature and its committees. Most staff identified in the preceding article can be reached at the Legislative Services Division, PO Box 201706, Helena, MT, 59620-1706; by phone at (406) 444-3064; or (very soon!) by e-mail at http://state.mt.us/leg/branch/branch.htm, which is the Legislature's website that is currently under expansion. New Mexico-Appropriation Veto Causes Special Session As the regular session of the New Mexico legislature adjourned March 20 with all the finality of a soap opera episode, few observers doubted that a special session would be called. The governor's subsequent veto of the entire General Appropriation Act of 1999 (his second veto of the entire act this year) removed what little doubt remained. The special session convened May 4 and, by the state constitution, was limited to the topics the governor included in his proclamation. In addition to a state budget and other issues, the governor asked the legislature to approve a school voucher proposal, something the legislature rejected during the regular session. A budget was enacted during the special session, but the school voucher proposal was rejected again, following three days of testimony and another day of debate. Among the arguments made by opponents was that the proposal most likely violated several provisions of the New Mexico constitution, including a prohibition against the use of funds appropriated for educational purposes for the support of any sectarian, denominational or private school. During the regular session, the legislature:
In the 1999 General Session, the Utah Legislature enacted S.B. 178, "Study on Sales and Use Tax Compact and Agreement," which authorizes the Utah Tax Commission to enter into preliminary negotiations on a compact with other states to simplify and develop uniformity in the sales and use tax systems of the states. The bill effectively gave the nod to the tax commission to participate in the Northwest Regional Sales Tax Pilot Project being undertaken by the states of Utah, Idaho, and Washington. The three states are attempting to simplify the sales and use tax systems of their states to enable interstate businesses to comply more efficiently with sales tax requirements and to facilitate the collection of sales tax on catalogue and internet sales. It is the goal of the project to develop an experimental, regional sales and use tax system. Businesses involved in the project, including Nordstroms, Eddie Bauer, and Microsoft, would voluntarily collect sales taxes on remote sales to test the ease and effectiveness of the system. If a workable system is created, it could serve as a model for national simplification. Shootings at the Family History Library in Salt Lake City and Columbine High School in Littleton, Colorado, have prompted the legislature to examine gun violence. Three interim committees, Education, Judiciary, and Law Enforcement and Criminal Justice, have been directed to study gun violence as it relates to their areas and to make recommendations for possible legislative action. If the legislative studies produce agreement on actions to prevent gun violence, the governor may call a special session this fall.
Nevada-Shorter Session Saves Taxpayers $2.5 Million Nevada's first limited legislative session, which could not exceed 120 calendar days, was completed on May 31st with 16 minutes to spare! Strict adherence to deadlines, limits, and rules, which were developed by legislative leaders and staff, along with the total cooperation of individual legislators, made the 120-day session an unqualified success. This shorter session (compared to 169 days in 1997) saved Nevada's taxpayers over $2.5 million. It should be noted that the new 120-day session was required by a constitutional amendment that originated in the 1995 Legislature and was approved by the voters in 1998. The Nevada Legislature enacted many important bills during the 1999 Session. The much publicized national settlement by the tobacco companies will cause $48 million to come into Nevada each year over the next 25 years. The legislature and the governor agreed that 40 percent will fund the "millennium scholarship" program for graduating high school students who have maintained at least a "B" average. The other 60 percent of the settlement will fund health care initiatives for seniors, tobacco education programs, disabled and children's programs, and certain cancer research, anti-tobacco, and health programs. Three bills that were approved this session may be of interest in other states. Assembly Bill 311 prevents job discrimination based on sexual orientation or preference. These provisions do not apply to employers with fewer than 15 employees or to certain other employers that are currently exempt from the equal employment opportunities provisions of Nevada law, such as agencies of the Federal Government, Indian tribes, and entities exempt from taxation pursuant to Section 501(c) of the Internal Revenue Code. The legislature also enacted Assembly Bill 267 to require people to report if a child is being sexually abused or treated violently. Specifically, the new law requires a person who knows or has reasonable cause to believe that another person has committed a violent or sexual offense against a child who is 12 years of age or younger to report that offense to a law enforcement agency as soon as reasonably practicable, but not later than 24 hours after becoming aware of the offense. A violation of this reporting requirement is a misdemeanor, but the person cannot be prosecuted unless a judgment of conviction has been entered against the person responsible for the crime reported. In addition, a person who makes a report in good faith is immune from civil liability. Certain persons are exempt from reporting an act under this bill, including, but not limited to, a person who is less than 16 years of age or who is related to the victim or the person who committed the offense. Finally, Assembly Bill 71 created the crime of identity theft. Under the provisions of the bill, any person who knowingly obtains personal identifying information about another person and who uses that information to harm the other person, or for any other unlawful purpose, is guilty of a category B felony. A person found guilty of identity theft may also be ordered to pay restitution and attorneys' fees and costs associated with repairing the victim's credit history or satisfying a debt incurred by the offender. To obtain additional information on these and other bills from the 1999 session, visit our website at www.leg.state.nv.us.
Puerto Rico-Legislature Readies Technology for Y2K The 1999 Legislative Session is distinguished by the approval of laws concerning family law, technology law, internal revenues, civil procedure, criminal law and environmental laws. Once again, the Office of Legislative Services (OLS) has fulfilled its duty as supportive agency throughout the approval of laws related to day care centers and other facilities for children in government buildings, Y2K, exemptions and tariff changes, community services as a new alternative for certain offenses, biology studies, preservation of woods and soil, and hazardous materials management. The OLS plays a crucial role in keeping the legislature up to date with information systems technology. The Government's interest in Y2K procedures finds the legislative branch fulfilling a timetable that commenced last year with a reorganization that includes the distribution and certification of all our applications for Y2K. The OLS is evaluating the legislative procedure programs in order to restructure the system to provide the legislators with the option of digitalization, which allows the electronic submittal of legislative documents through an intranet. In addition, the OLS is working on a web server which will support document management in html format. These new developments are based on one platform with enough capacity for future projects, such as video-conferences, among others. Please make the following corrections to your 1999 RACSS Directory of Key Research Contacts: p. 2 American Samoa p. 16 Maryland p. 16 Michigan p.18 Michigan If you have any additional changes to the directory, please notify Jeanne Mejeur by phone: (303) 364-7700, fax: (303) 863-8003, or e-mail: jeanne.mejeur@ncsl.org. |
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