Proceedings Summary

NATIONAL CONFERENCE OF STATE LEGISLATURES

EXECUTIVE COMMITTEE MEETING

June 18, 1977

The meeting was called to order at 9:00 a.m. by Speaker Martin 0. Sabo,President. The following members of the Executive Committee, guestsand NCSL staff were present:

Executive Committee

Senate President Fred E. Anderson, Colorado - President-electRepresentative Thomas J. Anderson, MichiganRepresentative Hannah D. Atkins, OklahomaRepresentative Gerald A. Bradley, IllinoisMr. Jim Bricker, WashingtonMr. Richard E. Brown, KansasMs. Maralyn S. Budke, New MexicoMr. Edward A. Burdick, MinnesotaSpeaker Bill Clayton, TexasSpeaker Dale M. Cochran, IowaMr. Joseph E. Gonzalez, Jr., New JerseyMr. Marcus Halbrook, ArkansasSenator Gladys Hansen, New MexicoSenate President Steny H. Hoyer, MarylandRepresentative Tom Jensen, Tennessee - Immediate Past PresidentMr. Thomas M. Keel, TexasDr. Lennis M. Knighton, UtahMr. McDowell Lee, Alabama - Staff Vice PresidentSpeaker Roland Luedtke, NebraskaRepresentative Diane McCarthy, ArizonaMr. David B. Ogle, ConnecticutSenator John C. Ostlund, WyomingMr. Arthur J. Palmer, NevadaMr. Ray D. Pethtel, VirginiaMs. Bonnie Reese, Wisconsin - Immediate Past Staff Vice PresidentSpeaker Vernal Riffe, OhioSenator Lewis B. Rome, ConnecticutSpeaker Martin 0. Sabo, Minnesota - President

Guests

Eugene Farnum, Director, Michigan Senate Fiscal AgencyPatrick E. Flahaven, Secretary of the Senate, MinnesotaAlbert Roberts, Minority Staff Director, New York State AssemblyRepresentative Gordon Voss, Minnesota - Chairman, Science and

Technology Committee

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Staff

Earl S. Mackey, Executive DirectorLonnie Kay Hendrickson, Executive AssistantKarl Kurtz, Director of OperationsWilliam Pound, Director of State ServicesJerome Sohns, Director of State-Federal Relations

A quorum was established with 28 members of the Executive Committee present.

REMARKS OF THE PRESIDENT

Speaker Sabo reported that the Leaders' Seminar in Washington, D.C. onJune 15-16 had been very successful and well attended.

Speaker Sabo announced that Mr. Vincent Puritano, scheduled guest speakerfrom the Office of Management and Budget, was unable to attend the ExecutiveCommittee meeting.

REVIEW OF EXECUTIVE COMMITTEE MINUTES OF MARCH 4. 1977

Speaker George Roberts moved that the Minutes of the March 4, 1977 meetingof the Executive Committee be approved as prepared. The motion was secondedand adopted.

REPORTS OF THE NCSL STANDING COMMITTEES

Marcus Halbrook reported that the Legislative Improvement and ModernizationCommittee had met in San Francisco on June 11-12. The Committee is pre-paring the final report on legislative review of administrative regulationsand updating the report on "Key Points in the Legislative Process."

Senator Gladys Hansen stated that the Ethics and Elections Committee hadbeen working on the Legislative Ethics Handbook as well as studying theFederal Universal Voter Registration Act. The Committee recommendsincreasing voter registration through election day registration but doesnot endorse mandating election-day registration nationwide. In this con-nection, the Committee met with Congressman Frank Thompson who introducedthe measure in the U.S. House of Representatives. The Ethics and. ElectionsCommittee has also been involved in the development of suggestions on privacyof records which would be a companion to its suggested open-records bill.

The Committee on the Federal Judiciary met in Washington, D.C. on June 16,and Jim Bricker reported that the Committee discussed the policies andprocedures presently followed by federal regulatory agencies for assessingthe impact of their standards, regulations and policies on state law.The Committee also met with staff counsels from the House Judiciary Committeeto discuss pending legislation granting the U.S. Attorney General authorityto intervene in and initiate actions on behalf of institutionalized personsin the states.

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Representative Gordon Voss, chairman of the NCSL Science and TechnologyCommittee, reported that the Committee had added new sponsors to theMISTIC clearinghouse program. The Committee will be reviewing the plansfor the newly funded State Science, Engineering and Technology Program atits meeting in Detroit.

On behalf of the Special Committee on Legislative Staff Organization, BonnieReese presented the following resolution recommending that:

The NCSL Executive Committee establish a standing Committeeon Staff Division Activities to promote coordination amongstaff sections and to study and make recommendations to theNCSL Executive Committee on criteria and procedures for staffsection formation; activities of the Staff Division; the AnnualMeeting, and such other responsibilities as may be assigned bythe Executive Committee. It is recommended that the Committeeon Staff Division Activities consist of the 14 staff membersof the NCSL Executive Committee and 16 additional members, toinclude at least one representative from each staff section,to be appointed by the NCSL Staff Vice President.

Ms. Reese moved that the resolution be adopted. The motion was secondedand approved unanimously.

Senator Fred Anderson reported that 50 research reports had been submittedfor consideration for the annual award for outstanding research and thebest three will be selected for further consideration. The Awards Committeedecided not to give awards in the other two categories and to review thecriteria for these awards for future consideration.

Reviewing the activities of the State-Federal Assembly, Jerry Sohns notedthat the Assembly consists of 650 members who will serve for a two-yearterm through 1978. The SFA has met twice this year and approved 60 policypositions for presentation to the NCSL Annual Meeting in Detroit. The SFAwill meet again during the Annual Meeting and will convene four times nextyear.

President Sabo pointed out the membership list of the 1977 NominatingCommittee to be chaired by Speaker William Hamilton, New Jersey.

REPORT OF THE EXECUTIVE DIRECTOR

The NCSL UPDATE contained in the Executive Committee agenda book and disr-tributed to the Executive Committee on a monthly basis contains a thorough,concise outline of the activities of the Conference, including grant programsand committee activities. Turning to the status of the grant programs,Earl Mackey requested approval of the proposed U.S.-Canadian LegislativeExchange project to develop an on-going exchange of information and ideasbetween the Canadian provincial parliamentary leaders and U.S. state legis-lative leaders.

Senator Anderson moved that —the U.S.-Canadian Legislative Exchange project be authorized.

The motion was seconded and adopted.

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In the area of education, a project was proposed at the request of theBureau of Indian Affairs, to evaluate the funding systems for AmericanIndian schools and develop possible revisions for current funding methods.The project would utilize the computer capabilities of the NCSL educationstaff. Senator Anderson moved that —

the project to evaluate the funding systems for AmericanIndian schools be authorized.

It was noted that the project would cover both publicly funded educationas well as BIA funded schools and include elementary and high schools. TheEducation Commission of the States will be participating in the six-monthproject and contributing to the staffing of it. The motion was secondedand adopted.

The Professional Development Committee has reviewed and approved a proposedseminar on "Policy Development in State Legislatures," and the Intergovern-mental Personnel Act staff has indicated an interest in funding the program.Focusing on policy and program formulation, the seminar would assess theimpact of decision-making, consider the interrelationships of decision-makingamong levels of government, and assess the influences on policy formulation.Speaker Roberts moved that —

the project on Policy Development in State Legislatures beauthorized.

The motion was seconded and adopted. Senator Lewis Rome suggested contactingthe National Humanities Council because of their work in this area to insurethat the program would be effective.

The Financial Statements of the Conference were reviewed, and Mr. Mackeynoted that the Conference was continuing to function within the approvedfunding levels. He also noted that the year-end revenues would be downbecause of appropriations which were not received and lower than expectedcontributions to the film. In terms of the 1977-78 fiscal year budget,it was noted that expenditures will be watched closely due to the fact thatthe Conference is now fully staffed at approximately 75 staff persons. Allappropriations for 1977-78 are committed with the exception of Alaska. Thegrant portion of the budget represents approximately one-third of the totalbudget for the Conference. With regard to staffing grant projects, a policyis maintained that employment is for the period of the grant contract.

PROPOSED CLUSTER APPROACH TO PROVIDING SERVICES TO STATE LEGISLATURES INENERGY AND HUMAN RESOURCES AREAS

It was proposed that NCSL develop several "issue service clusters" withinwhich comprehensive services would be provided to state legislators throughan information clearinghouse, policy research, technical services, seminarsand state-federal communication. These service clusters would concentrateNCSL grant activity in the areas of energy and human resources. The overallpolicy-setting structure involving the State-Federal Assembly would remainthe same. Senator Rome recalled a concern for getting over-involved ingrants. It was noted that the basic NCSL services are established; andif these services are to be expanded or additional services added, additionalfunding will be required. Various alternatives were discussed.

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Senator Rome moved that —the proposal to establish service clusters be tabled forreview at the next meeting of the Executive Committee, toinclude specific information on the services which areneeded, how the state are presently handling their needsin these areas, and the anticipated impact on federallegislation.

The motion was seconded and adopted.

It was noted that the Energy Project has made significant contributions,especially through Energy Report to the States. The Education Project,which is grant funded, is also a very successful program. While theEducation Project involves a number of staff, we are currently addressingthe human resources issues with one staff director and a part-timeresearch person. It was noted that the nature and scope of a particularproject determines its effectiveness and impact as part of the total NCSLprogram. It was suggested that a subcommittee be appointed by the Presidentto study the idea of issue service clusters and the relationship of thegrant activities to the total NCSL program. President Sabo indicated hewould appoint a subcommittee as recommended.

BUDGET AND FINANCE COMMITTEE REPORT AND RECOMMENDATIONS

Senator Anderson pointed out that the proposed revisions in the expenditurescategories of the 1976-77 fiscal year budget and moved that —

the proposed revisions in budget categories be accepted.The motion was seconded and adopted.

A proposed amendment to the By-Laws to authorize the Executive Committeeto "amend the budget based upon changed revenue projections" was suggested.It was approved as recommended.

It was noted that no change was recommended in the policies relative tothe Professional Development program or the sale of the NCSL film.

The policy regarding the membership of territories and commonwealths inthe NCSL was reviewed by the Budget and Finance Committe and Senator Andersonmoved that —

the recommendation to amend the By-Laws to include the Common-wealth of the Northern Marianas be approved.

The motion was seconded and adopted.

The policy on services to non-appropriating states was also reviewed. Nochange was recommended, but the question will be reviewed again next year.

The proposed revisions in the NCSL Salary Plan were presented, and SenatorAnderson moved that —

the proposed revisions be approved and cost-of-living increasesof 6.8% and 0-9% for merit be authorized.

The motion was seconded and adopted.

Speaker Sabo pointed out that a budget for two fiscal years was adopted atthe last Annual Meeting.

The report of the Budget and Finance Committee is attached.

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PROGRESS REPORT; NCSL FILM

Representative Tom Jensen reported that he met with Joe Goldman from theState Governmental Affairs Council and discussed with him alternatives forgetting full funding of the film. A follow-up with large companies andtrade associations is planned.

Therefore, it was recommended that no change be made in the policy regard-ing the sale of the film. The rates for rentals were reviewed.

RULES COMMITTEE REPORT AND RECOMMENDATION

Senator Rome presented the report of the Rules Committee (attached) andreviewed the recommended change in the By-Laws and recommended changesin the Rules of Procedure. Senator Rome moved that —

the report of the Rules Committee and the proposed changescontained therein be approved.

The motion was seconded and adopted.

Senator Rome then amended his motion to include the language "CommencingAugust 1977" in connection with Rule 6, C., in order that the changes wouldbecome effective immediately after adoption by the Conference at theAnnual Meeting.

It was noted that the SFA policy positions have been reviewed and updatedas directed by the SFA Steering Committee early in the year. A discussionfollowed on the rationale for changing the SFA task forces to committees.It was noted that committee denotes permanency.

PROPOSAL FOR CREATION OF AN NCSL BANKING TASK FORCE

Speaker Roberts moved that —the proposal to establish for one year a task force onbanking be approved.

The motion was seconded. A discussion followed on the merits of the project.Speaker Bill Clayton suggested that the scope of the project include savingsand loan institutions, and that it be called the Task Force on FinancialInstitutions. Other issues such as electronic fund transfer and regulationof financial institutions are to be included in the study. The motion wasadopted with Speaker Clayton's suggested change. The task force will beappointed by the President..

Dr. Lennis Knighton questioned the effect on existing resources in termsof staffing and expressed his concern with adhering to priorities.

1977 ANNUAL MEETING

The plans for the Executive Committee during the Annual Meeting include adinner on Monday, August 1, at Meadowbrook Hall, a historic mansion.Representative Tom Anderson reviewed the social activities planned for alldelegates at the Annual Meeting. The program includes some outstandingspeakers including Henry Kissinger and Secretary Juanita Kreps. Severaladditional possibilities for programs were suggested. The NCSL film willbe shown often throughout the Annual Meeting.

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NCSL RELATIONSHIP WITH OTHER ORGANIZATIONS

The report of the CSG Evaluation Committee has been tabled. Speaker Saboexpressed his belief that both NCSL and the CSG regions would be strengthenedby coordinating efforts. It is anticipated that the states will be makingsome decisions in the coming years in terms of appropriations to CSG andNCSL. Speaker Clayton reported that regional leadership had met to deter-mine a consensus. They agreed that CSG should continue its process ofself-evaluation to see what kind of services CSG should be providing andthat CSG should not tell NCSL what it should be doing. There is verystrong support for the regional system of organization. Speaker Sabocommented that the basic question is how the regions should be organized,i.e. essentially legislative, or legislative and executive branches.

David Ogle asked if there is a policy whereby members of the NominatingCommittee do not nominate themselves for positions on the Executive Committee,to maintain the integrity of the nominating process. Representative Jensenpointed out that the Nominating Committee has traditionally been hesitantto nominate its committee members and recommended maintaining a flexiblepolicy.

REVIEW OF LOBBYIST REGISTRATION LEGISLATION

Jerry Sohns reported that the House Judiciary Subcommittee on AdministrativeLaw and Government Relations had completed the first round of their mark-upsession on H.R. 1180, the Lobbying Reform Act. The bill emerged from thefirst round of mark-up with a provision which would identify nationalorganizations of state and local elected officials, such as NCSL, as the kindof organizations which should register and complete reports under the Act.It is anticipated that Congressman Romano Mazzoli (D-Ky) will introducean amendment which would exempt NCSL and similiar organizations from theprovisions of the bill. (NOTE: In the final bill approved by the sub-committee, NCSL was not exempted, and national organizations of state andlocal officials would be required to register and make complete reports oflobbing activities.)

PROPOSED PROJECTS WITH STATE GOVERNMENTAL AFFAIRS COUNCIL

Approval was requested for a project to conduct a feasibility study for anational computerized bill status and statute reporting system. Jim Brickerpointed out that the sophistication of the existing systems in the statesvaries considerably and suggested that the study include the development ofa model indexing system and the cost and funding possibilities. The projectwas approved.

Approval was also requested for a proposal to sponsor a seminar for legis-lative and business leaders. A motion was made that —

legislative staff also participate in the proposed seminar.The motion was seconded and approved with the understanding that an appropriatenumber of legislative staff be selected to participate.

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OTHER BUSINESS

Art Palmer presented an invitation from Nationalist China for an expense-paid trip for a group of 20 people from the two previous China delegations.He moved that —

the invitation to consider a trip to the National Republic ofChina be accepted.

The motion was seconded and adopted.

Delegate Steve Sklar has proposed a self-paid trip to India within thenext six to eight months. Speaker Clayton moved that —

the possibility of a trip to India be pursued.The motion was seconded and adopted.

Maralyn Budke pointed out a problem with the language in the policy positionon unemployment insurance. Speaker Sabo indicated the appropriate SFAcommittee would be asked to review the situation.

The meeting adjourned at 12:25 p.m.

BUDGET AND FINANCE COMMITTEE REPORT

June 17, 1977

The Budget and Finance Committee met on Friday, June 17, and reviewed theitems contained in the agenda under tab H of the Executive Committee agendabook.

The Budget and Finance Committee unanimously recommended to the ExecutiveCommittee the transfer between expenditure categories for 1976-77 fiscalyear budget.

Earl Mackey reported regarding the 1977 -78 budget that a proposed revisionof that budget would be submitted for review by the Executive Committee atits first meeting after the Annual Meeting. At the present time it is an-ticipated that revenues for 1977-78 will be approximately $90-$100,000 higherthan budgeted. Therefore, the Budget and Finance Committee voted to recommendto the Executive Committee revisions in the By-Laws to give the ExecutiveCommittee authority to amend the budget based on revised revenue projections.They further recommended as a technical amendment striking the words "Commen-cing with the budget for FY 1977 and annually thereafter" (Article XII, Sec-tion 2).

The Budget and Finance Committee also reviewed a request by the ProfessionalDevelopment Committee for additional funds to be committed to the ProfessionalDevelopment program. It was agreed that substantial funds (20-24% of the bud-get) are already now committed to Professional Development, but the staff willreview these amounts in considering proposed revisions to the 1977-78 budget.

Representative Tom Jensen reported that he had made several contacts regardingsupport for the NCSL film and recommended that efforts to solicit contribu-tions for the film be pursued further before changing the existing policy onthe sale of the film.

In reviewing the policy regarding membership of territories and commonwealthsin NCSL, the Budget and Finance Committee recommended an amendment to the By-Laws to include the newly created commonwealth of the Northern Marianas as amember jurisdiction. Appropriations will be requested from them for the sameamount as the current rates for the other jurisdictions of similar size.

The Budget and Finance Committee recommended no change in the treatment of non-appropriating states.

The Committee adopted the revision of the salary plan contained in the agendabook and gave the Executive Director authority to approve salary increases of6.82 on the first $12,000 and 0-9% for merit increases.

MINUTES OF THE MEETING OF THE N.C.S.L. RULES COMMITTEE

AND REPORT OF THE CHAIRMAN

Submitted by Senator Lewis Rome of Connecticut, Acting Chairman:

The N.C.S.L. Rules Committee convened on Friday, June 17, at 2:00 p.m.A quorum being present, the Committee reviewed the changes in the By-Laws andPermanent Rules of Procedure found in your briefing book under Tab I. Followingaction on those proposed changes, and approval of others, the Committee adjournedat 2:15 p.m.

The following changes in the N.C.S.L. By-Laws and Rules were approved bythe Rules Committee and are submitted to the Executive Committee for its approval.If the changes are approved, they will be considered by the delegates at theConference's Third Annual Meeting in Detroit in August:

1. By-Laws: Article X, Section 2:It is recommended that the Committee on Resolutions be done away with,

and that resolutions submitted at the Annual Meeting within the 48 hour rulebe referred instead to the standing committees of the Conference for action.

2. Rules: Rule III.A. (line 2):The current rule allows a roll call vote to be demanded by the request

of five legislators from five different states. It is recommended thatthe rule be toughened to require that request to come from five states,since, in a roll call vote, each state must vote as a unit.

3. Rules: Rule IV.(lines 4 and 5):A reference to the Resolutions Committee is deleted.

4. Rules: Rule V., sections A., B., C., and D:References to the Resolutions Committee are deleted, and provision is

made for resolutions submitted to the standing committees to be actedupon by them, and for reports to be made to the delegates at the annualbusiness session.

5. Rules: Rule VI., sections A. and B.:References to the old Intergovernmental Relations Committee and its

Task Forces are replaced with current nominclature: the State FederalAssembly and its Committees.

6. Rules: Rule VI., section C.:A new rule is proposed, to provide for the "sunsetting" of all old

N.C.S.L. policies unless they are specifically reaffirmed every two years.

7. Rules: Rule VII., sections A. and B.:References to the old IRC and its Task Forces are replaced by the SFA

and its Committees.i

8. Rules: Rule VII., section B., paragraph 2, lines 4, 5, and 6:The existing proviso, allowing an SFA Committee to approve a policy

position by a simple majority vote, would be deleted, to conform this ruleto the three-fourths rule found in that same paragraph (requiring a three-fourths vote by the full SFA on the same policy) and in Rule III.A. (re-quiring a three-fourths vote by the delegates at the Annual Meeting.

9. Rules: Rule VII:Obsolete reference to the first Annual Meeting are deleted.