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In this issue: Chair's Column Chair's Column:Greetings From The Garden Stateby David Sallach, RACSS Chair 2001-2002 Principal Research Analyst Office of Legislative Services, New Jersey Greetings from New Jersey-the "Garden State." All right! Stifle the snickers! Many of you probably know that New Jersey is the most densely populated state in the nation (1,134 people per square mile). But what you might not realize is that about 20 percent of our land area is productive farmland. In fact, New Jersey is one of the nation's top ten producers of a wide variety of fruits and vegetables, including blueberries, cranberries, peaches, asparagus, lettuce, snap beans, spinach, sweet corn and tomatoes. Next time you go to your local supermarket, pick up a container of fresh blueberries. If they are American grown, there is a very good chance that they were grown in Hammonton, New Jersey. That's the rationale for the "Garden State" slogan. It's origins, however, are unclear. It's on our motor vehicle license plates because of a 1954 law. Interestingly, Governor Robert B. Meyner had vetoed the bill on the grounds "that there is no official recognition of the slogan 'Garden State' as an identification of the State of New Jersey" and because he did not "believe that the average citizen of New Jersey regards his state as more peculiarly identifiable with gardening for farming than any of its other industries or occupations." The Legislature disagreed and overrode his veto. One of the more popular explanations goes back to 1876 when Abraham Browning "stirred the pride of Jerseymen." Addressing a crowd gathered at the nation's Centennial Exhibition in Philadelphia for "Jersey Day" (Yes, there was a "Jersey Day"- August 24, 1876. Trust me, you can't make this up!), Mr. Browning said that New Jersey was like an immense barrel, "filled with good things to eat and open at both ends, with Pennsylvanians grabbing from one end and New Yorkers from the other. He called New Jersey the Garden State, and the name has clung to it ever since." (Alfred M. Heston. Jersey Waggon Jaunts, (1926) Vol II, p.310) The New Jersey Legislature, unlike many other state legislatures, is not constitutionally bound to meet at any specific times or for any set number of days, leaving each House to determine its own meeting schedule. Given New Jersey's small size, and the relatively easy commute from all parts of the State to Trenton, legislative sessions do not need to be scheduled in blocks of time as they are in larger states where members remain in the state capital overnight. As a result, each House always stands ready to meet at the call of its presiding officer. Since the Houses are always ready to meet, legislative staff must always be ready, too. The New Jersey Legislature has both partisan and nonpartisan legislative staffs. The majority and minority parties of each House have their own full-time staffs. These staffs range in size from 13 to 28 professionals. The Office of Legislative Services, through its Central Management Unit (CMU), provides nonpartisan legal, fiscal, research, bill-drafting and committee staffing services to the New Jersey Legislature. The 81 professionals in CMU are organized into 10 subject area teams. Each team has its own attorneys, fiscal analysts and researchers, and provides staff for the legislative committees and special study commissions having jurisdiction within the team's subject areas. All CMU professionals are required to have post-graduate degrees. The staff currently averages 13.5 years of experience. Last year RACSS Chair Bob Erickson organized several programs that focused
on committee staffing issues and skills. The response to these programs
has been
Somewhat surprisingly, our committee staff programs at both the annual meeting in San Antonio and the joint professional development seminar which we co-sponsored with the Legislative Research Librarians in Richmond last month attracted a number of legislative staffers from foreign countries. Follow-up conversations suggested that these international delegates would be interested in a committee staffing and skills development program designed particularly for them. Over the next months, we will explore the possibility developing such a program with the NCSL's International Program in Washington, D.C. and other staff sections. I want to encourage all who are interested in these two areas to join us at the NCSL's Joint Meeting of the Assembly on Federal Issues and the Assembly on State Issues in Washington, D.C., on December 5-7, 2001. RACSS will be sponsoring three programs during meetings. One session will focus on Congressional committee staffing; the second, a presentation by the NCSL's International Affairs staff, will provide an overview of the organization's international activities; and the third, as is our tradition, will feature Mr. Richard Ruda, the Director of the State and Local Legal Center, discussing recent and up-coming U.S. Supreme Court cases which affect the states. Attorneys may earn 1.25 hours of CLE credit by attending Mr. Ruda's session. We are always looking for new ideas for RACSS programs. While we are
particularly interested in committee related issues this year, we are open
to any and all suggestions. If you have some ideas, please contact either
Jeanne Mejeur, our RACSS secretary, or myself. Jeanne can be reached via
E-mail at jeanne.mejeur@ncsl.org, or by phone at (303) 364-7700, ext.187.
I can be reached via E-mail at DSallach@njleg.org, or by phone at (609)
984-0231.
RACSS Agenda
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Richard V. Strong, Director (retired) Office of Legislative Research and General Counsel, Utah The Research and Committee Staff Section honors Richard Strong for his support of professional development for legislative staff and for his many years of dedicated and exemplary service to the Utah State Legislature. Richard began working for the Utah Legislature in 1971 and was named Director of the Office of Legislative Research and General Counsel in 1985, a position he held until his retirement in December, 2000. In a Joint Resolution honoring him for his 30 years of service, the Utah Legislature stated that his work "was distinguished by enthusiasm, commitment to excellence, a willingness to tackle difficult challenges, and integrity." Richard strongly supported professional development for his staff and the use of technology to provide the best possible service to the legislature and the public. Richard's work in providing online access to legislative information won him and the office the 1998 Roy B. Gibson Freedom of Information Award, from the Utah chapter of the Society of Professional Journalists. Richard also worked with legislative leaders to improve legislative rules and procedures to insure members had adequate time to consider bills and budgets and that made optimal use of staff services. Richard supported the activities of the Research and Committee Staff Section, serving on the Executive Committee and as RACSS Chair for 1991. Under his leadership, RACSS began publishing its annual Directory of Key Research Contacts, a 50-state guide to legislative research offices. Richard was elected to the NCSL Executive Committee and also was active in the work of the Council of State Governments. |
Karl Aro, Executive Director Department of Legislative Services, Maryland The Research and Committee Staff Section recognizes Karl Aro for his leadership and efforts in support of RACSS programs and activities and for his excellence in direction of staff agencies for the Maryland General Assembly. Karl began his legislative career in 1979, serving as Maryland's key staff person for redistricting and reapportionment, and being appointed as Deputy Director of the Research Division in 1985. When Maryland's legislative staff services were completely reorganized in 1997, Karl was selected as the Executive Director of the newly created Department of Legislative Services. Under his leadership, members of the Maryland General Assembly are provided with effective, efficient, and progressive staff services. From committee services, to fiscal notes, to bill drafting, to technology, each staff unit is on the cutting edge in providing comprehensive services to the Maryland General Assembly. Their operations are most impressive and serve as a model for other states in enhancing their products and services. Karl has provided invaluable service to the Research and Committee Staff Section, serving on the Executive Committee for a number of years, and as the Chair of RACSS for 1998-99. He has planned numerous programs and seminars for RACSS members, served on standing and ad hoc committees, assisted with special projects, and provided counsel and assistance to RACSS officers. Karl was elected to the NCSL Executive Committee in 2000 and serves on the Legislative Staff Coordinating Committee. Karl is a graduate of the Legislative Staff Management Institute, class of 1993. |
Chair:
David Sallach, Principal Research Analyst, Office of Legislative Services,
New Jersey
phone: (609) 984-0231
e-mail: DSallach@njleg.org
Vice-Chair:
Michael Nugent, Supervisor, Research and Legislation Section, Legislative
Services Office, Idaho
phone: (208) 334-2475
e-mail: mnugent@lso.state.id.us
Immediate Past Chair:
Robert Erickson, Research Director,
Legislative Counsel Bureau, Nevada
phone: (775) 684-6825
e-mail: erickson@lcb.state.nv.us
Mary Janicki, Assistant Director,
Office of Legislative Research,
Connecticut
phone: (860) 240-8400
email: mary.janicki@po.state.ct.us
Elisabeth Kersten, Director,
Senate Office of Research,
California
phone: (916) 445-1727
email: elisabeth.kersten@sen.ca.gov
John Pollak, Committee Services Administrator, Legislative Service Bureau,
Iowa
phone: (515) 281-3566
email: jpollak@legis.state.ia.us
Terry Sullivan, Director of Research,
Legislative Research Division,
North Carolina
phone: (919) 733-2578
email: terrys@ms.ncga.state.nc.us
RACSS Secretary:
Jeanne Mejeur, Research Manager,
NCSL, Denver office
phone: (303) 364-7700, x187
e-mail: jeanne.mejeur@ncsl.org
The LSCC is the governing body for legislative staff activities through
NCSL and is comprised of officers from the ten NCSL staff sections and
legislative staff who have been elected to the NCSL
Executive Committee. Following is an overview of the 2001-2002 Task
Forces.
Technology Task Force
• Review, comment on and assess the NCSL website and changes made to it in response to the focus groups.• Actively help NCSL get access to databases in state legislatures that contain information on bills and directories of members and staff.
• Work in conjunction with the new Special Committee on Information Management that replaces the Multistate Document Management task force and expands its role.
Strategic Planning Task Force
• Monitor the executive committee's review of the ASI/AFI committee structure and develop ideas to ensure that staff play an appropriate role within the NCSL committee structure.Legislative Staff Management Task Force• Monitor the executive committee's strategic planning process for NCSL and ensure that the needs of legislative staff are communicated during this process and addressed by the plan when it is developed.
• Assess the needs of district office and members' staff and develop strategies for getting them more actively involved in NCSL activities.
• Complete work on the project to identify issues in the recruitment and retention of legislative staff.Professional Development Task Force• Develop a model personnel manual/guidelines for legislative staff.
• Work with NCSL staff to coordinate a survey of legislative staff salaries.
• Assess the training needs of legislative staff at all levels, oversee and assess current training offered by NCSL and identify additional training activities or changes in current activities to meet the needs of legislative staff.• Review the time available for staff at the NCSL annual meeting, coordinate the staff section activities at the annual meeting, oversee the staff welcome booth and encourage staff sections to sponsor concurrent sessions.
• Communicate with the leaders of each staff section and report on staff section activities at each LSCC meeting.
• Assess the services provided by NCSL to the legislative staff through the 10 staff sections.
Special Committee on Information Management
• This special committee replaces the Multistate Document Management Task Force and expands its role.• Work in conjunction with the technology task force to have the states grant NCSL access to their data bases that contain information on bills including status, title, sponsor, summary, keyword index and other data that will be helpful for researchers and other legislative users.
Legislative Chambers Book Committee
• This is a special committee created to raise money for completing a publication that contains information on legislative chambers at the turn of the century.RACSS Chair Dave Sallach of New Jersey and Vice-Chair Mike Nugent of Idaho represent RACSS on the LSCC. Dave is serving on the Legislative Staff Management Task Force, which is chaired by RACSS member Karl Aro. Mike Nugent is serving on the Professional Development Task Force.• Determine how to gather the necessary information and pictures and the best method for publishing this information.
Our Virginia hosts did many extra things to make the 80 delegates feel
at home and welcome in the "Old Dominion." Three special visits were planned
for the delegates. The Virginia State Capitol Building, which was designed
by Thomas Jefferson, was the site for the opening reception. This event
allowed delegates to mingle and get to know one another, and also view
the priceless sculptures and portraits that grace the old legislative halls.
Following the program at LexisNexis in Charlottesville,
delegates were treated to a late afternoon visit of Monticello - the
home of Thomas Jefferson. This structure and the imprints left there by
Jefferson are true American treasures! Following the conclusion of the
conference on Saturday, about half of the delegates participated in an
optional social event - a visit to Colonial Williamsburg. RACSS extends
its thanks to our colleagues and friends in Virginia who did so much to
make our seminar a tremendous success and our visit so enjoyable.
Joint Plenary Session: Work Styles - Insight into Self and Others
Dr. Susan Wilkes, Director of the Workplace Initiatives Program at Virginia Commonwealth University, administered a written exercise and led a discussion on understanding yourself and others. Whether you are a manager, supervisor, part of a work team, or work independently, the "Insight Inventory" analysis is designed to improve personal effectiveness. Delegates were able to compare both their personal style with their style at work through this exercise.
Four different components of interpersonal relations were examined. The variations within each are neither right or wrong, nor good or bad; they are simply differences in style that individuals and groups should be aware of. In "getting your way," more of our delegates leaned toward the "indirect" approach than the "direct" style. This probably results from our work with elected officials. In "responding to people," our group had more "reserved" types than "outgoing." Under our "pacing of activity," it was interesting that more of our participants tended to be stronger in the "steady" category than the quick response required in "urgent" situations. Finally, more of the group had a "precise" style than an "unstructured" approach when "dealing with details."
This program can be purchased for use among your staff. I liked it well enough to order a supply for my office. At $7.50 per exercise it is quite a bargain for some of a state's in-house training needs. If you would like more information, please contact Jeanne Mejeur at the NCSL office in Denver.
Joint Plenary Program and Tour: Maximizing Electronic Legal Research
LexisNexis, which formerly was LEXIS Law Publishing, publishes over 30 state statutes and a number of other legal publications from its headquarters in Charlottesville, Virginia. The delegates at this year's seminar were taken by bus to Charlottesville (65 miles) to tour the editing and publishing facilities of LexisNexis, which was followed by a briefing on use of some of the company's legislative search tools, which may be accessed at lexis.com.
Joint Plenary: When Leadership Counts
Dr. Ron Carrier, Chancellor of Virginia's James Madison University, provided great insight and humor in his presentation on leadership. He effectively used a number of interesting stories and anecdotes to underscore his main message, which was the importance of effective leadership in the public sector.
Joint Plenary Luncheon: NCSL Executive Committee Project on Cooperative
Bill
Status System
Sharon Crouch, Systems Director for the Virginia House of Delegates, presented an outline of a proposed 50-state bill status system. NCSL's Executive Committee has undertaken this project and Sharon has been appointed to head a committee that will be developing a proposed system. She advised the delegates at the Richmond meeting that she was seeking ideas and feedback on the proposal at the present time. I am pleased to report that our group gave her a number of good ideas that will be considered by her committee at its next meeting.
Joint Plenary Breakfast: New York's Legislative Response to Terrorism
Will Seyse, Research Associate in the Information Center for the New York Assembly, gave a most interesting and moving message concerning the tragedy of September 11, and the response by the New York Legislature that quickly followed. This topic was added to the seminar agenda shortly before the meeting convened. RACSS and LRL members in attendance expressed their appreciation to Mr. Seyse for his timely and insightful remarks.
Special Programs for RACSS Participants
Small Team Leadership: The Art of Delegation
E.M. Miller, Jr., Director of Virginia's Division of Legislative Services, led a most interesting panel discussion on the art of delegation. He first asked the audience to divide into 5-member teams and develop a response to the issues and questions raised in his "Appalachian Trail Experience," which focused on leadership and delegation within a small team. Although we did not have time to examine the differing approaches to the questions raised in this exercise, this topic probably should be revisited at a future RACSS program or seminar The other three panelists - Dave Sallach of New Jersey, Nancy Roberts of Virginia, and Pepper Sturm of Nevada, presented information on the leadership styles of Thomas Jefferson, Abraham Lincoln and others. In summary, an effective leader needs to know when to exercise more authority as opposed to those times when delegation is the best approach.
Tour of the Division of Forensic Science
Many of the RACSS delegates visited the offices of Virginia's Division of Forensic Sciences in Richmond. This agency is a nationally recognized laboratory that serves state and local law enforcement agencies, medical examiners, and Commonwealth's Attorneys in Virginia. Popular author Patricia Cornwell has used this facility to better understand the investigation of crime evidence for use in her novels. She is a frequent visitor and contributor to the Institute. Our visit was conducted just as the national anthrax scare was starting. We can surely assume that the Institute and its staff are busier than ever at the present time.
Teleconferencing Legislative Committee Meetings: Capabilities and Issues
This interactive panel on videoconferencing featured, "live and on several big screens": Steve Watson in Carson City, Nevada; Jon Hochkammer, Steve Miller and Terry Anderson in Madison, Wisconsin; and Susan Clarke Schaar and Maria Everett in Richmond, Virginia. Several states, such as Nevada and Wisconsin, are using this technology to conduct legislative committee hearings in more than one location in the state. The Virginia Senate recently invested significant resources in developing a system that is linked to the major regions of the state.
In Nevada, many standing committees, as well as interim study committees, conduct hearings in either Carson City or Las Vegas (435 driving miles apart), which are linked to the other location by audio and video technology. This allows persons who wish to testify on bills or other matters to appear at alternative locations. During the interim between sessions, this technology saves money for the State and time for legislators by allowing their participation in the most convenient location.
Maria Everett, Executive Director of the Virginia Freedom of Information Advisory Council, reminded the delegates that open meeting laws and public access to the legislative process must not be overlooked as we move ahead with new technology. Delegates from several states requested a copy of the video of this panel discussion. Any others wishing a copy may contact me directly at: erickson@lcb.state.nv.us.
Leadership for Challenging Circumstances
The final program offered by RACSS at the seminar featured Bob O'Neill, President of the National Academy of Public Administration in Washington, D.C. A former city and county manager, including four years as Fairfax County (VA) Executive, Mr. O'Neill shared valuable experience and insight with the group on improving government performance at all levels, with an emphasis on effective leadership and vision.
Overall Response to Seminar
The average rating of the seminar, according to those who attended, was approximately 4.5 on a 1 to 5 scale (5 being the highest). This ranking places the Richmond event right at the top of the Senior Development Seminars sponsored by RACSS over the years! Particular thanks are extended to Virginia's legislative staff for their leadership and assistance. Among others, E.M. Miller, Jr., Cheryl Jackson, Nancy Roberts, Alice Winn, June Chandler, John Garka, Susan Clarke Schaar, Maria Everett, John Garrett, Jay Brock, and Jonathan Palmore were of great assistance before and during the seminar. Also thanks to NCSL staff Jeanne Mejeur, Rita Thaemert and Peg Coniglio for great meeting support. Thank you all!
Finally, the Richmond seminar represented a homecoming of sorts for me. I started my professional career over 30 years ago in Virginia, where I spent five years in both Federal and State government. The Commonwealth of Virginia has continued to grow and prosper since my years there, and the gentle hospitality visitors receive there remains as true and genuine as ever. Thank you Virginia for a memorable experience!
- Submitted by Bob Erickson, Nevada
The “Virginia Volunteers,” wearing gold, white and blue shirts, gave up their research, library and drafting duties for two days, to serve as guides for the seminar. |
June Chandler, Co-Coordinator of the “Virginia Volunteers.” |
The Insight Inventory helped staff better understand their style of interaction. |
Staff participate in an exercises for the Insight Inventory. |
Staff from different states visit during the group dinner at the Ivy Inn in Charlottesville. |
Virginia staff Cheryl Jackson, Nancy Roberts and Alice Winn at Monticello. |
Photos courtesy of E.M. Miller, Jr., Director, Division of Legislative Services, Virginia.
New
England Region
Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island,
Vermont
Coordinator: David Boulter, Maine
Connecticut-Staff Training Programs
by Mary Janicki, Deputy Director, Office of Legislative Research
Both the Office of Legislative Management (OLM) and the Office of Legislative Research (OLR) promote and support staff training and development. Jim Tamburro, the legislature's Training and Staff Development Coordinator, has established in-house training programs designed to facilitate the learning and enhanced performance of General Assembly employees. Staff and legislators can select from among a wide variety of separate courses or follow a program toward a certificate.
A Staff Development Program includes tracks designed for all non-supervisors, including permanent, sessional, and interim employees. A separate Leadership Development Program has been established for all managers and potential supervisors with approval from their current office director. Members can take the Legislator Development Program.
In addition, OLM will assist offices in identifying unique training needs and then deliver an existing program, create a customized program, or bring in another resource to satisfy the training need. For example, Stan Stenersen will be coming to Connecticut in November to work with OLR research staff. Stan will tailor his writing workshop to a small group and we look forward to a lively and informative day. Discussions with NCSL's Jeanne Mejeur helped us identify a consultant and Stan's work at RACSS conferences was familiar to some of us.
And, in the category of training others, OLR's director, Lawrence Furbish,
and four other staff members are preparing a session for recently hired
legislative employees describing our office. Legislative Management is
sponsoring a series of monthly sessions for new caucus and nonpartisan
employees with each of the nonpartisan offices introducing these new employees
to each office's role and functions. We'll give an introduction and overview
of the office and discuss research and committee staffing, bill analyses,
other OLR services and products, and our support staff services.
By David C. Elliott, Interim Director,
Office of Policy and Legal Analysis
Effective September 15, former OPLA Director David Boulter was appointed by the Legislative Council as its new Executive Director. David, who had served for 7 years as Director of OPLA, will now be responsible for implementing the policy decisions of the Council and providing overall direction of all the nonpartisan staff offices. He replaces former Executive Director, James A. Clair, who left for a position in the private sector.
Interim Committee Activities: For the second consecutive year, legislative leaders authorized joint standing committees to hold a limited number of meetings between regular sessions to conduct committee business. Most committees will be meeting at least once during the interim to work on legislation carried over from the First Regular Session, conduct committee studies or perform other oversight responsibilities.
Child Protection: As part of its interim activities, the Joint Standing Committee on Health and Human Services is conducting a series of meetings and hearings to collect information about how various aspects of the child protective system, including services and foster care, are operating, and consider proposals for change. Parents, grandparents, family members, foster parents, attorneys and guardians ad litem, as well as children served by the child protective system, have attended the meetings and hearings and have provided testimony. Although concerns about the child protective system had been percolating for some time, the issues were brought to the fore by the death of a child in foster care in early 2001. The Committee's intent is to not interfere in the specific case as it is being investigated and the potential criminal questions are answered, but to focus on ways to improve the system overall.
Laptops for Students: One of the most hotly debated issues during the last two legislative sessions was Governor Angus King's $50 million plan to provide every seventh grader in the state with an Internet-ready portable computer. The Legislature did not fully embrace the laptop proposal when it was introduced in 2000. Instead a $50 million Maine Learning Technology Endowment (MLTE) fund was created from state budget surpluses and a task force was created to develop a state learning technology plan for presentation to the Legislature in 2001 and implementation in the 2002-03 school year.
During the 2001 legislative session, the Legislature enacted legislation that established a 12-member MLTE Advisory Board, defined agency responsibilities and developed a fundraising plan to expand the MLTE program to high school grades.
The legislation includes the following guiding principles and program components:
• Equity-equip all 7th and 8th grade students and teachers across the state with portable computers beginning in 2002.Update on the Maine Rx Program: At the end of July, the Pharmaceutical Research & Manufacturers of America (PhRMA) filed a petition for certiorari in the United States Supreme Court to appeal the First Circuit's decision upholding the Maine Rx Program. The Maine Rx Program, enacted in 1999, allows the State to negotiate with drug companies for lower prices for residents who lack insurance for prescription drugs, a population estimated at about 325,000 out of the total state population of just over 1.2 million. The law provides that the State can impose price controls in three years if negotiations do not lead to significant price reductions.• Sustainability-provide a laptop computer with functional software to all 7th and 8th grade classrooms in the state that would also allow local districts to add additional tools by utilizing the state network.
• Professional development-provide a classroom-based, integration-focused approach to teacher professional development.
• Integration-use computer technology to learn problem-solving, critical-thinking, teamwork and communication skills.
• Economic development-contribute to the preparation of students for a technology-rich economy.
The Federal District Court for the District of Maine had issued a preliminary injunction in October of 2000, upholding the PhRMA assertion that the Maine Rx Program unconstitutionally regulates transactions outside the state's borders and conflicts with federal Medicaid law. The First Circuit disagreed, however, stating "...arguably, the only burden imposed on interstate commerce by the Maine acts is its possible effects on the profits of the individual manufacturers." The Appeals Court also later turned down PhRMA's request that it reconsider its decision. The First Circuit's decision rested on the clear and precise drafting of the law, as well as the efforts by the Department of Human Services and the Department of the Attorney General in defending the law.
Until the U.S. Supreme Court decides whether to hear the case, the Maine
Rx Program cannot be implemented. The 120th Legislature chose to defer
additional improvements to the law while the case is pending. The Court
recently asked the U.S. Solicitor General for an opinion on the constitutionality
of the law before ruling on PhRMA's petition.
Mid-Atlantic
Region
New Jersey-Pension Benefits Enhanced
By Joseph P. Capalbo, Lead Research Analyst, Office of Legislative
Services
Pension benefits for teachers and State and local government employees in New Jersey will increase under recently signed legislation. On June 29, 2001, Acting Governor Donald Di Francesco signed into law P.L.2001, c.133, which changes the pension benefit formula under the Public Employees' Retirement System (PERS) and the Teachers' Pension and Annuity Fund (TPAF) from the number of years of service over 60 to the number of years of service over 55. This change increases the pension accrual rate from 1.66% of final compensation for each year of service to an annual accrual rate of 1.81%. The average annual accrual rate nationwide is 1.89% for general public employees and 1.71% for school employees. This benefit enhancement will increase pension payments by approximately 9%. The new law applies to persons who have already retired, as well as to current active members.
This change would be the first increase in the PERS benefit formula since 1954 and the first increase in the TPAF benefit formula since 1967. The retirement systems cover approximately 411,000 current employees and approximately 152,000 retired employees. The average annual pension for PERS members would increase from $9,500 to $10,400 and the average annual pension for TPAF members would increase from $22,500 to $24,500.
The additional accrued liability generated by this benefit enhancement is expected to be $3.9 billion ($2.4 billion for TPAF and $1.5 billion for PERS). Using the July 1, 1999 valuation reports as specified in the law, both TPAF and PERS had surpluses: the market value of TPAF assets exceeded the actuarial value of those assets by over $5 billion and the market value of PERS assets exceeded the actuarial value of those assets by over $3.5 billion. The law also provides for a reduction in TPAF member contributions.
New Jersey-Coverage for Infertility
by David Price, Lead Research Analyst, Office of Legislative Services
P.L.2001, c.236, which was signed into law on August 31, 2001 (S.B. No. 1076 (3R) of 2000), requires health insurers that provide pregnancy-related benefits to groups of more than 50 persons to provide coverage for medically necessary expenses incurred in the diagnosis and treatment of infertility. This legislation, which takes effect 90 days after enactment, applies to health insurance or health maintenance organization policies and makes New Jersey the 15th state to mandate coverage for fertility treatments.
The required coverage includes the following services related to infertility: diagnosis and diagnostic tests; medications; surgery; in vitro fertilization; embryo transfer; artificial insemination; gamete intra fallopian transfer; zygote intra fallopian transfer; intracytoplasmic sperm injection; and four completed egg retrievals per lifetime of the covered person. The insurer may limit coverage for in vitro fertilization, gamete intra fallopian transfer and zygote intra fallopian transfer.
The new law defines specifically infertility and requires that the benefits are to be provided to the same extent as for other pregnancy-related procedures under the contract or policy. In addition, the same co-payments, deductibles and benefit limits will apply to the diagnosis and treatment of infertility as those applied to other medical or surgical benefits under the applicable policy or contract.
The law exempts a religious employer (a church or association of churches or an entity operated in connection with a church), which requests such an exclusion from the required coverage if the required coverage is contrary to the religious employer's bona fide religious tenets. In addition, publicly-funded health benefits plans administered by the New Jersey Department of Human Services are exempted from the new statute.
by Kathy Wise, Director, Assembly Minority Research
The September 11th terrorist attack upon America, resulting in damage to the Pentagon and destruction of the World Trade Center (WTC), has challenged every level of government. The total cost of this act is immeasurable-the loss of over 5,000 individuals and the ramifications attendant to those losses, plus the implications upon New York City and State.
The overall impact and ramifications are mind numbing. It is estimated that: 15,000 children lost a mother or father in the WTC attack; over 16,000 disaster-related job losses to date; $12 billion will be needed to replace the entire trade center complex, $3 billion to fix the subway system, $2 billion for repairing phone and electrical systems, and $12 billion for damaged property, such as cars in garages and computers; thousands needing mental health services to cope with the trauma; rebuilding the fire and police departments from their staggering losses, etc.
The State has projected a potential $9 billion loss of revenue over two years and state agencies have been directed to prepare a no-growth budget for the 2002-03 state fiscal year (SFY). The anticipated conclusion of the 2001-02 budget stalemate this Fall has been greatly altered by the WTC catastrophe. A "bare bones" (baseline) budget was adopted in early August and most of the affected organizations and programs were expecting additional appropriations when the entire budget was resolved. The September 11th attack will likely result in most of those programs not receiving any additional funding for the current SFY as New York attempts to address the short- and long-term affects of this catastrophe.
It will be years before New York City can recover and restore the infrastructure damaged or destroyed. Among the ripple effects upon upstate is a significant drop in tourism during the highly popular fall foliage time. Every corner of the State has been and will continue to be impacted by the WTC catastrophe-tighter airport security, enhanced security at the US-Canada border crossings, National Guard troops patrolling 19 federally-regulated airports, loss of state and city revenue, reduced consumer spending, heightened security for water supplies and utility facilities (telephone, electric generating plants, gas pipelines) and procedures to detect bioterrorism.
While New York and Virginia may have been the physical locations of this horrendous act, all Americans know it could have been anywhere. New Yorkers are deeply touched by the outpouring of support received from other states and the federal government as we begin the process of rebuilding lives from this catastrophe.
by Mike Gasbarre, Assistant Director, Local Government Commission
With Governor Tom Ridge accepting President Bush's offer to be Director of the Office of Homeland Security, Lieutenant Governor Mark Schweiker is expected to continue with many of Ridge's planned policy initiatives, including reforming the Philadelphia School District, exercising fiscal restraint during the upcoming budget season, and requiring a statewide referendum before slot machines will be permitted at Pennsylvania racetracks. In addition, Schweiker, from Bucks County in Southeastern Pennsylvania, has expressed an interest in preserving open space, particularly in areas of rapid growth. The new Governor has also stated that he will not seek reelection when the Gubernatorial election will be conducted in November, 2002.
With state revenues declining as a result of the economic downturn, many expect a near no-growth budget for fiscal year 2002-2003. Before leaving office, Ridge signed an Executive Order freezing state spending during this current fiscal year by approximately $200,000,000. Even though Pennsylvania has a reported $1.2 billion in its Rainy Day Fund, some legislative leaders may be reluctant to expend monies on new programs. Pennsylvania's fiscal year runs from July 1 to June 30.
Legislative and Congressional reapportionment is the major issue for the fall sessions. A commission consisting of four legislative leaders from the Senate and House, and a chairperson selected by those four members, performs legislative reapportionment. There is apparent agreement on the redesign of the 203 House Districts and the 50 Senate Districts. Congressional reapportionment is accomplished through passage of a law. Congressional reapportionment will be lively, with the GOP in control of both Chambers seeking to increase the number of Republicans elected to Congress in the Commonwealth.
Great
Lakes Region
No News From Illinois, Indiana, Michigan, Ohio, Wisconsin
Coordinator: David Lovell, Wisconsin
South
Region
Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina,
South Carolina, Tennessee
Coordinator: Denise Sims, Tennessee
Tennessee-Longest Session Ever
by Denise Sims, Director, House Research
During the summer and fall months, legislators held a number of study, ad hoc and oversight committee meetings that were of interest to Tennesseans. Topics such as health care management, charter schools, foster care and higher education were given time for discussion, as well as issues concerning revenue projections, revenue collections and funding.
Weary lawmakers began those summer and fall meetings later than usual this time since the 2001 legislative session was the longest in Tennessee history - lasting well into July. The revenue issue was a primary reason; this year, there were a number of public protests and demonstrations surrounding the discussion of implementing a state income tax. Lawmakers put several proposals on the table, but the session ended without putting any of the measures to a vote.
After a good bit of deliberation, and on the final day of the fiscal year, members passed a temporary "stopgap budget" - the first ever in Tennessee - which only funded those mandates that were statutory, federal or court-ordered. The permanent funding bill for '01-'02 was passed on July 12th but was vetoed by the Governor two weeks later. The legislature finally ended its work on August 7th, with a 66-33 (House), 19-12 (Senate) override of the veto.
Researchers in both the House and the Senate are working hand-in-hand with off-session committees. In the past, analysts have gathered information needed for committee review, assisted with reports filed to the Clerks, and carried out the research needed by committee chairs. It is expected that committee work will continue through the end of the year. The legislature statutorily convenes on the second Tuesday of each January.
South
Central Region
Arkansas, Kansas, Louisiana, Missouri, Oklahoma, Texas
Coordinator: George Humphreys, Oklahoma
Louisiana-Ground Water Management
By Jim Marchand, Attorney, House Environment Committee
Louisiana had one piece of major statewide legislation in the enactment of a state water management policy. The issue was thoroughly covered by several pieces of legislation filed on this subject. Some were local in nature and some contained very restrictive provisions. The legislature chose the least restrictive plan that provided for a gradual implementation of a water management policy and a development of a long term plan.
Act No. 446 (SB 965 by Rep. Daniel Hoyt). This legislation established the Ground Water Management Commission, consisting of 15 members, to regulate the withdrawal of groundwater from "critical groundwater areas". The commission contains some members from user groups, but is made up primarily of technical persons and secretaries of departments dealing with natural resources, environment, health, wildlife and conservation. The legislation requires that all water wells be registered to allow the commission to gather sufficient data on the health of the aquifers for its permitting process. The commission is directed to promulgate rules to preserve and manage the ground water in critical areas, including limitations on withdrawal and restrictions on spacing and depth.
Local input is encouraged in an advisory capacity and any decisions having local impact may only be made with the advice and consultation of local or regional bodies. Groundwater for public consumption is the highest priority, with all other uses having lesser priority. The commission shall cease to exist on July 1, 2003.
In order to develop a long term comprehensive groundwater management system, SB 956 establishes a Ground Water Management Advisory Task Force, consisting of forty-nine members. The Task Force, along with others, shall advise the Commission in its development of a long term groundwater management plan which shall be presented to the environment and natural resources committees of the legislature. This long term plan will include an evaluation of the ground water resources, present and future water demand, data necessary for management, alternatives to ground water use, critical areas, incentives, and designation of the appropriate state entity structure to manage and protect the state's water resources.
This comprehensive plan will be presented to the legislative oversight committees for review prior to January 3, 2003, and introduced during the 2003 Regular Session of the Legislature.
Under the legislation the Conservation Commission is the agency appointed to administer the groundwater law and to staff the Commission. The new Office of Groundwater has promulgated rules and has issued a request for proposals from firms interested in bidding to develop the long term comprehensive plan for the management of the state's groundwater.
By George Humphreys, House Research Director
The tragedies of September 11 and the War on Terrorism is having a great impact on the Oklahoma Legislature. Many New York emergency workers, including some who died in the collapse of the World Trade Centers, came to the aid of Oklahoma during the 1995 bombing of the federal building in Oklahoma City.
Several resolutions related to the current events were adopted when the Legislature returned in special session in late September. In addition, state law was amended to allow the Department of Public Safety to issue fake driver licenses to federal civilian and military investigators involved in criminal investigations such as that underway at present.
Finally, a task force, including legislative staff leaders and legislators,
is
studying steps to better protect state government from terrorist attack.
The capitol building is a specific concern. Several of the task force concerns
have been incorporated into an added call for the present special session
of the Legislature. This
involves a $3 million appropriation from the state's rainy day fund
for the purchase of security equipment, such as surveillance cameras, X-ray
machines, metal detectors, and improved employee identification
and electronic locking systems, and additional security personnel at
the capitol. The task force is also likely to look at the adequacy of the
state's open records laws to determine if they may need to be amended to
exempt security-related records from those laws.
Oklahoma resolved one of the major issues recently that has caused conflict
within the Legislature. Following
passage of a right-to-work (RTW) state question in the 2001 regular
session,
Oklahoma voters passed RTW by a 54-46 margin on September 25 in what
is widely believed to be the most expensive campaigns of its kind in the
state. With its adoption, Oklahoma becomes the 22nd RTW states and the
first to adopt
RTW since Idaho in 1986. RTW enables workers covered by a union agreement
to not only refuse union membership (already federal law) but also to refuse
to pay to support union efforts.
Interim studies are picking up. One of interest involves a blue ribbon task force created by the Legislature to examine ways to protect young children from violent video games and movies. This was a high priority of the Oklahoma Senate in the 2001 session. Members of the task force include civic leaders, legislators, and industry representatives.
Northern
Plains Region
Iowa, Minnesota, Nebraska, North Dakota, South Dakota
Coordinator: Dave Ortbahn, South Dakota
Iowa-Budget Dominates Interim
by John Pollak, Committee Services Administrator, Legislative Service Bureau
In June, Iowa held its first special legislative session since 1992 and dealt with redistricting and other issues remaining from the regular session. Proposed congressional and legislative redistricting plans were prepared by the Legislative Service Bureau, the Iowa General Assembly's nonpartisan drafting and staffing agency, pursuant to a statute which only allows consideration of population, political subdivision boundaries, contiguousness, and compactness. Incumbent addresses and political party voter registrations and election returns cannot be considered by the nonpartisan agency in drawing the new boundaries. The agency is required to submit up to three plans to the General Assembly, the first two of which can only be voted up or down. The third plan is amendable. The first nonpartisan plan was rejected during the regular session. The second plan was adopted during the special session and signed by the Governor. For additional information, visit Iowa's Internet site at www.legis.state.ia.us/Redist/Redist.html.
In addition to redistricting, legislation passed in the one-day session included measures for construction of electric power generation and transmission facilities and abatement of state taxation of the federal income tax rebates.
The Legislative Council authorized committees on the following topics for the 2001 Interim: electronic commerce taxation, mental health and developmental disabilities services, personal privacy issues, public retirement systems, Capitol Complex parking and transportation needs, child abuse reporting, distance learning and Iowa Communications Network, education accountability and oversight, energy efficiency in schools, health insurance market, lobbyist regulation, local elections, and political campaigns.
Budgets issues have dominated state policy discussions in September and October. Iowa continues to experience little or no growth in state revenues compared to the previous fiscal year. In early October, the Governor proposed more than $100 million in selective cuts from the FY 2001-2002 enacted budget and projected that more than $200 million in additional cuts would be needed for the succeeding fiscal year. After Iowa's Revenue Estimating Conference reduced revenue estimates for FY 2001-2002 by approximately $160 million, on October 12 the Governor announced plans for an across-the-board cut amounting to approximately $200 million. An unanticipated shortfall in tax revenues occurred at the close of FY 2000-2001 was addressed by the Governor by tapping moneys from a reserve fund. However, some legislators question the constitutionality of this action. The Governor has proposed holding a special legislative session to deal with the budget and is discussing this possibility with legislative leaders.
by Jo Anne Zoff Sellner, Senate Counsel
When the 2001 regular session of the Minnesota Legislature adjourned at midnight on May 21st, its constitutional deadline, it was inevitable that a special session would be called. In Minnesota, all budget bills intended to provide financing for state programs during the two-year fiscal biennium are enacted in the odd-numbered years. At the end of the 2001 regular session, neither an Omnibus Tax bill nor all but one of the Omnibus spending bills had been agreed upon. Negotiations on these bills continued after the adjournment of the regular session, and the Governor called a special session on June 11th, despite the fact that agreement had not been reached on those bills at that point. Negotiations on the issues were conducted among the DFL (Democrat)-controlled Senate, the Republican-controlled House of Representatives, and the Independence Party Governor and his administration. The Legislature completed its work in the early morning of June 30th, which was the last day of the fiscal biennium.
Nearly 30,000 state employees, members of the two biggest state employee unions, went on strike on October 1st. Legislative employees are not members of unions. The two most significant issues were the level of wage offers and changes in health care coverage and costs. A tentative agreement was reached after two weeks and employees returned to their jobs, although the agreements must still be ratified by a vote of the members and an up or down vote by the Legislature.
A Senate select committee and a joint committee of the House held hearings on issues relating to the effects on air transportation and related businesses following the September 11th attacks. Minneapolis-St. Paul is the headquarters and a major hub of Northwest Airlines, which announced that it would reduce service by 20 percent and lay off nearly 10,000 employees, with as many as 4,500 of them located in Minnesota. Mesaba and Sun Country Airlines announced smaller but still significant cuts in their service and employment, and other air transportation businesses described the negative impact of federal regulations on their operations. The hearings were intended to garner information about the economic effects of these cutbacks on the businesses and the state economy, as well as the need for assistance to the airlines, other flight operations, and affected workers.
Following the discovery of anthrax of the Manhattan office of Governor George Pataki, Minnesota officials tested parts of the State Capitol, as well as the Governor's official and personal residences on October 17th. No anthrax was discovered in any of the places that were checked.
by Cynthia Johnson, Director of Research
In Nebraska, the legislative interim appears to be screeching to a halt as plans for a budget-cutting special session begin to take shape. Due to lower-than-expected tax revenue, Nebraska Governor Mike Johanns began making plans in mid-September to call for a special legislative session, beginning October 25 or 26.
Word from the governor's office is that preliminary figures indicate that anywhere from $150 million to $175 million will need to be cut from the state budget, while the Legislature's Appropriations Committee has determined that the biennial budget needs to be trimmed by approximately $160 million. (Nebraska's Constitution requires the state to balance its budget.)
While no one disputes the budget shortfall, questions have arisen regarding the best way to recoup the lost revenue. Governor Johanns has made it clear that cutting the budget is the only alternative he will consider. However, several legislators have countered that possible tax increases or broadening certain tax bases should also be considered. Whether budget cuts should be across-the-board is another question getting a lot of play.
The Nebraska Economic Forecasting Advisory Board will meet October 19, at which time it will revise its tax-revenue forecasts, and Nebraska's budget needs will come into sharper focus. It is expected that the governor will issue his official call for a special session shortly after the board's meeting.
by John Olsrud, Director, Legislative Council
Although a date for a special legislative session for redistricting has not been established, speculation is that the session will begin Monday, November 26. The Legislative Council has statutory authority to reconvene the Legislative Assembly, but a reconvened session would be limited to three legislative days, which is all that remains under the constitutional 80-day limit for a biennium. If the Governor calls a special session, there is no limit on the length and any bills passed would take effect on whatever date the legislation provides. In a reconvened session any bills would take effect ninety days after filing, which could create problems in meeting deadlines in preparation for the state's primary election next June.
North Dakota is a state that has a strong tradition of avoiding special sessions and limiting the agenda of special sessions when they are held. However, legislative leaders have been quoted in the press saying they may consider suspending a bank privacy law that has been successfully referred to the electorate. The legislation subject to referral was passed during the 2001 session and provides that the state's statutory provisions relating to the disclosure by financial institutions of customer information are not applicable if the disclosure is subject to federal law and the financial institution complies with the federal law.
An interim committee is receiving proposals from consultants to conduct a major study of the state's correctional facilities, including the effectiveness of rehabilitation programs. The study will also look at the impact of changes in sentencing laws.
Since 1961 North Dakota has participated in a biennial conference with neighboring states to discuss mutual concerns. The conference was called the Five-State Legislative Conference until Montana dropped out in 1997, and it became the Four-State Legislative Conference until Wyoming dropped out. As only three states-Nebraska, North Dakota, and South Dakota-are left, and as all three remaining states are members of the Midwestern Legislative Conference, at this year's meeting in Nebraska, North Dakota legislators invited interested legislators to come to Fargo, North Dakota, August 18-21, 2002, for the Midwestern Legislative Conference. The future of an appropriate replacement for this conference will be under consideration over the next couple of years.
by Dave Ortbahn, Principal Research Analyst, Legislative Research Council
Legislative redistricting has continued to be the major topic of the 2001 legislative interim in South Dakota. A Legislative Redistricting Committee has met five times over the course of the interim to develop a legislative redistricting plan to be considered by the Legislature. It has not been an easy process because of significant population shifts from rural to urban areas and because of disagreement as to how districts should be drawn to ensure that the voting strength of Native Americans is not diluted. The committee has recommended a plan for the Legislature to consider; however, it does not appear to be set in concrete. A special session of the Legislature to address legislative redistricting is planned for October 23-25. The Legislature must complete redistricting by December 1 or the South Dakota Supreme Court will do it for them. There is little chance that the Legislature will give the Court such an opportunity.
The rest of the legislative interim has been relatively quiet. The four other interim committees have been proceeding without much fanfare. They will be making recommendations to the 2002 Legislature by late November.
Mountain
Region
Arizona, Colorado, Idaho, Montana, New Mexico, Utah, Wyoming
Coordinator: Kirk Mlinek, Colorado
Colorado-Second Special Session
by Whitney Gustin, Research Analyst II, Legislative Council
The Colorado General Assembly convened for its second special session on September 20. The first special session was called by Governor Owens in May to address the state's growth issues but Legislators were unable to reach agreement on legislation. Because growth is among Coloradan's highest political priorities, the Governor added the issue to his call for a second special session. Other issues the General Assembly was required to address included redistricting, breast and cervical cancer treatment for poor women, health insurance for state employees, and the anticipated state budget shortfall. The session concluded on October 9 with legislation to address each of these issues, except redistricting.
As with other states, Colorado is redrawing its Congressional districts in response to the 2000 census results. In addition to adjusting district boundaries to reflect population growth throughout the state's regions, Colorado is adding a seventh Congressional district. A Subcommittee on Congressional Redistricting was formed, and it conducted several hearings to receive public input. Nineteen bills were introduced during the second special session but no consensus was reached between the Democratic Senate and Republican House. A final plan may be determined by the courts or by the General Assembly during its regular 2002 session.
The General Assembly was able to reach consensus on a number of growth bills during the second special session. S.B. 01s2-015 allows local governments to impose impact fees to cover expenditures for capital facilities related to development. H.B. 01s2-1001 allows land owners whose property is contiguous with a "flagpole annexation" to opt into the annexation. H.B. 01s2-1006 requires counties and municipalities to adopt master plans. H.B. 01s2-1020 provides a way to resolve disputes between local governments over master plans.
Breast and cervical cancer treatment was defeated during the regular session, largely due to state funding concerns. A public outcry ensued. In response, the Governor called on the General Assembly to pass a bill utilizing Tobacco Settlement dollars to pay for the program, which was controversial. Through a series of compromises, the General Assembly passed S.B. 01s2-012, which creates a Medicaid program initially funded with interest earned by Tobacco Settlement money but in three years phases in the state's General Fund as the program's single funding source.
Health insurance coverage for state employees recently became a concern when the Colorado Department of Personnel released information regarding upcoming premium increases. According to the department, the overall cost of state employee premiums will rise by 25 to 40 percent on January 1, 2002 and some areas of the state will experience even greater price increases. H.B. 01s2-1034 creates a pilot program to reduce premiums in areas expected to have increases of 40 percent or more in 2002. S.B. 01s2-022 temporarily increases the state's premium contribution by a small amount in 2002.
A projected budget shortfall of almost $350 million led to the need to make significant changes to the state's FY 01-02 spending. The shortfall has arisen with the economic slowdown and a drop in state revenues. S.B. 01s2-023 cut a total of $390 million from the budget: $216 million in capital construction projects and $174 million in highway projects. The majority of cuts were made to projects which had not yet begun construction. Funding for projects already under construction, lease purchase payments, and controlled maintenance remained unaffected.
by Connie Steffan, Research Analyst, Office of Legislative Research and General Counsel
The Utah Legislature and staff pioneered new procedures for the special session on redistricting. Instead of considering bills that describe political districts by listing the census tracts and blocks within the districts, the bills contained maps of the districts. Amendments to the bills showed a district map, as amended. In addition to having printed bills and amendments containing maps of the political districts in color, large screens were set up in the House and Senate chambers on which the maps were projected. Use of the maps, rather than lists of census tracts and blocks, enabled legislators and the public to have a better understanding of proposed district boundaries.
As host of the 2002 Winter Olympics, Salt Lake City is making every effort possible to assure that the games will be safe. Security at the State Capitol is receiving a high priority, because it is located just a few blocks from the Salt Lake Ice Center, Olympic Medals Plaza, and main media center, and President Bush is scheduled to speak at the capitol on the opening day of the games. The Legislature will recess from the 2002 General Session for the period of the Olympic games, but there will still be plenty of work for staff to do. The proximity of the State Capitol to the Olympic venues may make it difficult for staff to travel to work, so the staff offices are considering flexible schedules and telecommuting during the Olympic period.
West
Region
Alaska, California, Hawaii, Nevada, Oregon, Washington
Coordinator: Jim Stembridge, Oregon
Nevada-Special Session on Redistricting
by Michelle L. Van Geel, Research Analyst, Legislative Counsel Bureau
In 2001, Nevada held only its 17th Special Session in state history. During the regular session, our legislators had difficulty resolving several major issues relating to redistricting and reapportionment. The "threshold" decision was whether to add seats to the 63-member body in order to retain the same number of legislative districts in northern, rural Nevada in light of the fact that the growth rate in the Las Vegas area of southern Nevada had far outstripped that in the northern areas. There also was difficulty reaching consensus on the configuration of the third Congressional seat that Nevada is gaining in the United States House of Representatives.
While agreement on these major issues was being sought between the leadership of the Senate and Assembly, the houses were not able to take action on some of the other remaining bills of the session. (We would not want to call these measures "hostages" - just difficult bills that were of special concern to specific legislators or constituencies!) As midnight approached on the 120th day of session, our constitutionally mandated last day of session, it was clear that there was not adequate time to vote on all of these measures before the deadline.
Shortly before midnight, it was determined that we could take action on bills until 1 a.m. due to the fact the Nevada Constitution states that any legislation passed after midnight "Pacific Standard Time" is void. However, we were working under "Daylight Savings Time," and thus our legislators believed they had an extra hour to work. Although a subsequent court case validated this position, the decision to work the extra hour led to a great deal of confusion and uncertainty. The status of measures passed between midnight and 1 a.m. was in question, redistricting was not completed, and a special legislative session became inevitable.
Governor Kenny Guinn called the special session and instructed the Legislature to approve redistricting plans and to reconsider matters approved during the regular session between midnight and 1 a.m. Before adjourning the special session in the wee hours of the next morning, the Legislature passed a bill to address redistricting, and most of the measures that passed between midnight and 1 a.m. were re-approved.
Finally, if you were wondering, Nevada's legislators decided to keep the number of members of the Legislature at 63. More news in 10 years...
By Jim Stembridge, Committee Administrator
The effort to keep State Capitols open places, not fortresses, is getting more and more difficult. In the wake of recent terrorist attacks, Oregon's Legislative Administration Committee has adopted several new security procedures at the recommendation of Legislative Administrator Dave Henderson.
There will be more security cameras, posted security personnel at the entrance to under-the-Capitol parking, and mandatory photo identification badges for employees. In addition, several entrances to the Capitol will be closed. The six main-floor entrances will be reduced to three, leaving five doors as "exit-only". The drive-through feature of under-the-Capitol parking has been eliminated. Vehicles must now exit the same way they came in, passing a security guard. Under-the-Capitol parking is now closed between 6 p.m. and 6 a.m. The State Police has added to Capitol Mall patrols. A card-lock system for Capitol employees is also being considered. Security is important. In addition to the Legislature, Oregon's Capitol provides offices for the Governor, Secretary of State, and State Treasurer.
By Ken Conte, Staff Director, House Office of Program Research, & Bill Robinson, Coordinator, House Appropriations Committee
The 2002 Washington State Legislature faces a very serious budget session when it convenes in January. Rapidly rising health care costs, voter initiatives with large fiscal impacts, and a major earthquake have combined to increase spending needs while a slow-down in the economy and measures cutting taxes have combined to reduce anticipated revenue.
Health care costs increased $586 million (37%) above the biennial budget adopted by the 1999 Legislature (prescription drug costs is the highest growth area in the health care portion of the budget). In November 2000, two initiatives passed with a combined impact of $830 million on the state general fund. One initiative (I-728) directs $470 million of state property tax revenues to be used by local school districts to reduce class size, provide extended learning, and other specified purposes. A second initiative (I-732) requires annual cost of living increases for public school employees and some community college employees. Two years earlier the automobile excise tax was replaced with a flat $30 licensing fee, resulting in a loss of over $1.7 billion in revenues to state and local governments and significant reductions in the state's new highway construction program. While legislators are discussing options to resolve the state's growing transportation problems, no plan has been adopted to date.
For a variety of reasons, including the September 11 terrorist attack and the announcement of Boeing lay-offs, a reduction in general fund revenues is anticipated. The revenue forecast due in late November is not yet available, but predictions range from $200 million to $800 million below the level assumed in the 2001- 2003 budget. In addition, the state has insufficient reserves to fully address the anticipated loss in revenue.
Although the state entered the 2001-03 biennium with more than $1 billion in reserves, over two-thirds of those reserves were used, along with other measures, to balance the budget. In addition, the Legislature appropriated $77 million from the state emergency reserve account and $168 million of federal matching funds from the Federal Emergency Management Agency for recovery associated with the February 28, 2001, earthquake that was centered less than 15 miles from the capitol.
All in all, the Legislature faces some very difficult decisions in the months to come.
The
Territories
American Samoa, Guam, Northern Mariana Islands, Puerto Rico, Virgin
Islands
Coordinator: Tony Cabrera, Northern Mariana Islands
Northern Mariana Islands-Official Day of Mourning for Sept. 11th Victims
by Tony S. Cabrera, Senate Legal Counsel
Like citizens in the rest of the country, the citizens of the Commonwealth were horrified by the terrorist attacks of September 11, 2001. Almost immediately, church services were held all over the Commonwealth to pray for the victims. Government leaders held an emergency meeting on September 12th to address the situation for what needed to be done to ensure local security, as well as how the Commonwealth could assist nationally. Governor Pedro P. Tenorio issued an executive proclamation designating September 13, 2001 as the Commonwealth's official day of mourning and remembrance for victims of the attacks.
Because of the September 11, 2001 attacks, the Governor's State of the Commonwealth Address and the Resident Representative to the United States' Annual Report that were scheduled to be delivered on September 12th were postponed indefinitely. However, government offices and schools remained open.
Amid the ensuing flurry of news updates on the attacks, legislators continued their work on the FY 2002 annual budget. However, the attacks had an instant chilling effect on the islands' local tourism industry, as many confirmed passengers quickly canceled their trip to the Northern Marianas. Because all international and domestic flights were grounded over the next several days by order of the FAA, tourists who were stranded on Saipan, Tinian and Rota were given some assistance from the local government. Upon their departure from the Commonwealth, hotel rooms quickly emptied and have basically remained that way since then. Needless to say, the September 11 attacks effectively inflicted a heavy blow on the Commonwealth's already struggling economy.
This also being a gubernatorial election year in the Northern Marianas, political parties are championing economic revitalization issues, education, health, public safety, and many others. There are four gubernatorial teams running this year; House Speaker Benigno R. Fitial and Commissioner of Education Rita H. Inos (Covenant); Former Lt. Governor Jesse S. Borja and Rep. Brigida DLG. Ichihara (Democrat); Resident Rep. Juan N. Babauta and Rep. Diego T. Benavente (Republican); and former Governor Froilan C. Tenorio and David Sablan (Reform). The general election is on November 3.
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