The Thicket at State Legislatures

From Campaigning to Legislating: Tips from the Trenches

By Wendy Underhill

Legislative careers start with campaigns—but the skills and attitudes that help during election season don't necessarily translate to actually legislating. At least, that was the perspective of participants in "Campaigning to Legislating," a legislative effectiveness session at NCSL's Spring Forum last week.

"Especially the first time, for the first six months you keep thinking you're still on the campaign trail," said Rep. Angel Matos of Puerto Rico.

Speaker Terie Norelli

"When I come into the legislature after a tough campaign, it's hard not to hold a grudge," said Terie Norelli, president of NCSL and speaker of the House in New Hampshire. She noted that campaigns have gotten tougher, more personal and sometimes even ugly in the last decade.

How to cross the divide between campaigning and serving? Building and developing relationships is the only route to success, she says. In her state, where party control shifted in 2006, 2010 and again in 2012, she has operating with a commitment that "we're going to work in a bipartisan manner." Her specific efforts include:

• A weekly meeting with caucus leaders from both parties.
• Occasional gatherings of small groups from her 400-member chamber, such as fifteen people from the 160-member freshman class, or a dinner with all female leaders.
• Providing committee chair training from NCSL, and including ranking members as well.

Speaker Pro Tem Eric Turner

The Indiana House has changed partisan control more often than any other chamber in the country over the last thirty years, and "that means every race counts and campaigns can be expensive and mean," said Representative Eric Turner, speaker pro tem of the House.

And yet once in the statehouse, "you can always find something to agree on," he says. One approach he has used to get beyond partisanship is to offer to work on bills that members of the opposite party are sponsoring—even if 80 percent of issues would have him on the opposite side from the other lawmaker. He has even offered to be the lead sponsor when a bill would have a better success when it comes from his caucus.

Like Norelli, Turner sees relationships as vital: "It's okay to speak from the floor and disagree, and then have dinner together that night."

State Legislative Leaders Gather in Washington

By Jon Kuhl

New Jersey Senate President Stephen Sweeney (D) speaks with former Mississippi Governor and RNC Chairman Haley Barbour

State legislative leaders from across the country gathered in Washington last week for NCSL’s annual legislative leaders meeting. The meeting began with briefings on sequestration and immigration reform; hot topics in Washington and state capitols.

During lunch on Thursday, leaders heard from former Mississippi Governor and Chairman of the Republican National Committee Haley Barbour. Following Barbour’s talk, the leaders visited Capitol Hill for briefings from House Budget Chairman Paul Ryan (R-Wis.), Congressman Luke Messer (R-Ind.), U.S. Department of Health and Human Services Secretary Kathleen Sebelius, Congressman Xavier Becerra (D-Calif.) and House Minority Leader Nancy Pelosi (D-Calif.). In the evening on Thursday, legislative leaders heard about deficit reduction efforts in Canada from Tony Clement, President of the Canadian Treasury Board and Minister for the Federal Economic Development Initiative for Northern Ontario.  

Speaker William Howell (R-Va.) talking with U.S. Department of Transportation Secretary Ray LaHood

On Friday, legislative leaders began their day with a briefing from U.S. Department of Transportation Secretary Ray LaHood. Secretary LaHood was followed by former Vermont Governor and Democratic National Committee Chairman Howard Dean.

Up next was a discussion on technology and the economy with Michael Powell, former FCC Chairman and current President of the National Cable and Telecommunications Association. Following Chairman Powell was a question and answer session with David Agnew, White House Director of Intergovernmental Affairs.  

Wisconsin House Speaker Robin Vos (R) introduces Congressman Paul Ryan

 

Speaker Andy Tobin (R-Ariz.) chats with U.S. Department of Health and Human Services Secretary Kathleen Sebelius

Vermont House Majority Leader William Jewett (D) speaking with former Vermont Governor and DNC Chairman Howard Dean

Former FCC Chairman Michael Powell greets Senator Shawn-Michael Malone, President of the Senate, U.S. Virgin Islands (D)

Maine House Majority Leader Seth Berry (D) talking with David Agnew, White House Director of Intergovernmental Affairs

  

Leadership Turnover

by Tim Storey

The NCSL staff are working on a project to update the NCSL website. As part of that, I am one of many staff looking through older pages on the site. One page I was checking listed legislative leaders from October of 2008. As I looked at the list, I noticed how few of the names seemed to match the 2013 leaders list. I decided to find out how many leaders are serving in their roles today who were not in leadership just prior to the 2008 election.

I assumed that the turnover would be fairly high, but I wasn't quite prepared for how high. We have a list of about 340 leadership positions that we recognize as the top legislative leaders in the 50 states. It's generally the house speakers and senate presidents plus the pro tems, majority and minority leaders. 

Only 17% of the people who were in those top leadership positions just four and a half years ago are still in leadership today. Some of those legislators are in different positions, having moved from minority leader to speaker, for example. Only 13% of the leaders serving in October of 2008 are in the same positions today.

The 15 states with term limits account for some of the change among leaders as well as the two high turnover elections in '08 and '10. It's also a very demanding job being a legislative leader.

So, if you are a legislative leader with more than five years tenure in your position, you are in elite company.

The Most Frustrating Job in the World

By Karl Kurtz

Credit: Narayan Mahon for NPR

Wisconsin's Sen. Fred Risser, 85, the longest serving state legislator in the country is featured today in NPR's series on people working after the age of 65. There are some great quotes from him in the article:

Risser was first elected in 1956. He says he remembers when the Legislature was made up entirely of white men.

"There were no females, there were no minorities or diversity. In fact, they didn't even have a woman's john on the legislative floor," he says. "Now it's much more diversified, which is good."

Other changes, he finds, are not so good.

"The Legislature is more polarized than I've ever seen it. There are more straight party-line votes than there have ever been. I can remember when the rurals would fight the urbans or the eastern part of the state would fight the western part or the north would fight south. But now it isn't that way," he says. "Now it's Democrats versus Republicans."

Nevertheless, he has no inclination to call it quits. "It's the most frustrating job in the world, but it keeps the adrenalin going and it gets you up in the morning. You learn something new every day," he says. "You see different people every day."

I've known Sen. Risser for 35 or so of the 57 years that he has served in the Wisconsin Legislature. He was the leader of a memorable NCSL delegation to Israel that I accompanied in the early 1980s. I knew that his father had served in the Legislature and that he is an avid bicycle commuter, but I was not aware that he was a fourth generation legislator. His father,  grandfather and great-grandfather served before him, as shown in the photo.

What's the Fastest Growing State? North Dakota

By Karmen Hanson

It may come as a surprise to some that North Dakota is now the fastest growing state, according to the Census Bureau state population estimates. From July 2011 to July 2012, North Dakota grew by 2.1 percent, nearly three times as fast as the United States as a whole.  The state has also ramped up improvements at the Capitol that couldn’t be missed during a recent visit.

As the NCSL liaison for the great state of North Dakota, I have the privilege of traveling to Bismarck to meet with the legislators and staff of the 39th state.  The stereotype is that “nothing ever changes in North Dakota,” but my recent visit produced an interesting list of new developments.

• Recent oil and natural gas development is still booming in the Bakken Formation (also known as the Williston Basin) in northwestern North Dakota.  The boom has transformed this once quiet ranching and farming region into one with truck traffic jams, overstretched local resources and infrastructure.  Legislators understand the impact of the boom and plan to address key concerns during this legislative session.
• North Dakota is currently the only state with a budget surplus.  Much of this surplus is due to oil and gas industry tax revenues, in addition to historical judicious biennial spending and saving habits.  This year’s biennium-budget surplus is estimated to be around $1.6B. Yes, that’s billion with a b.
• During my visit, new legislative leaders were busy moving into offices and making committee assignments. Representatives Kenton Onstad and Corey Mock are the new House minority leader and assistant leader, respectively, while Senators Mac Schneider and Joan Heckaman occupy the same positions in the Senate. Senator Schneider and Representative Mock, both in their early 30s or late 20s, are among some of the younger legislative leaders in the country.  Representative Kylie Oversen, from a district that represents the University of North Dakota, is also one of the youngest women legislators in the country at 23.  The Republican majority leadership positions remain the same—Representatives Al Carlson and Don Vigesaa in the House, and Senators Rich Wardner and Jerry Klein in the Senate. 
• A new wall sign featuring the state seal now greets visitors at the Legislative Council Office.  A handful of offices and work spaces were created and painted, and some staff have new, beautiful, state-made office furniture from Rough Rider Industries—welcome  improvements from the decades-old furniture that had graced some offices.
• One of the new offices is occupied by a new fiscal analyst in the Legislative Council. That’s unusual because the average tenure of Council staff is more than 20 years.  Jason Steckler, formerly information technology manager, heads up a new administrative services division that oversees the IT and other admin-related duties of the Legislative Council. An expanded IT crew is also on hand to set up legislators with new laptops, tablets, and handle audio-visual improvements in committee rooms.
• Flat-screen monitors have been added to most committee rooms to allow hearings and legislative sessions to be broadcast online and archived.  A long-awaited new bill-tracking system is up and running, in addition to a redesigned website.

While I’m sure that there are even more changes to come in the Peace Garden state, I hope that the North Dakota Capitol Cafe continues to serve the best traditional treats in the country, including made from scratch knoephla, scotcheroos and popcorn bars. Some things are just too good to change.

The Most Fickle Legislative Chambers

By Karl Kurtz

Reacting to the news that the Washington Senate has a new majority consisting of a coalition of two Democrats and 23 Republicans (Democrats held a nominal 26-23 majority after the 2012 election), a Washington staffer sent us this question: In my 30 years in the Washington Legislature beginning in 1982, the majority in the Senate has changed eight times. Can any other legislative body, house or senate, match that level of voter indecisiveness?

Good question. During the 1982-2012 period, the Washington Senate was one of the kings of swings in party control, tied at eight with the Indiana and Montana houses and tops among senates. The Montana and Maine senates have each switched seven times. The Michigan and Minnesota houses have switched six times over the last 30 years and the North Carolina House and Alaska and Wisconsin senates five each.

Twenty-five of the 99 chambers have had no switches in party control over the 1982-2012 period.

Look for more on the Washington Senate and other coalitions in The Thicket next week.

Legislative Staff: Not Doing it for the Money

By Brian Weberg

State legislatures across the country are ramping up for the 2013 session with a focus on preparing new members, new committee chairs and new leaders for another challenging year of debate and policy making. New member orientations, briefings and trainings are taking place in just about every capitol.  Operating largely below the radar in each legislature is a cadre of legislative staff--hard-working public servants who make it their business to ensure that the new year gets off to a great start. 

Most of us at NCSL work closely with state legislative staff, and we have a special and privileged view into their work and workplaces.  We witness their high level of competence, skill, knowledge, education and experience.  We are also inspired by their remarkable level of engagement, dedication and loyalty to their work and to the legislative institution.  And we know that for many, if not most legislative staff, salary increases and promotions that slowed down or stopped four or five years ago have been slow to return.  Yet legislative staff seem to carry on, bringing their talent and passion to each new legislative session.

How do they do this?  Or, perhaps, the more appropriate question is why?  How do high-functioning professionals like legislative staff find motivation in an era of stagnant pay and benefits? 

Dan Pink offers some clues in his book Drive: The Surprising Truth about What Motivates Us. Pink says that research shows that for jobs similar to those held by legislative staff, money only gets you part of the way there.  The three keys to motivating and engaging employees, according to Pink, are what he calls Autonomy, Mastery and Purpose.  Now, he also adds a caution that money remains important as a motivator, but only up to a point.  People need to feel fairly compensated, but beyond that threshold, money's impact on motivation brings declining returns. Beyond the fair pay threshold, employees respond more to the intrinsic rewards delivered by being self-directed (Autonomy), applying advanced skills to tough challenges (Mastery) and by making a contribution to a larger good (Purpose).

Pink has prepared this clever video summary of his book: 

I think Pink's analysis explains a lot about why and how legislative staff remain so engaged in their work, even during tough economic times. It also provides staff managers and legislative leaders with three important benchmarks they can use to measure and improve the motivational conditions of their workplaces.  

At this time of year, when the focus is appropriately on the members and their needs, maybe a bit of time can be carved out to assess whether staff have what they need to bring their very best efforts to the difficult and challenging tasks ahead.  As economic conditions improve, legislatures should check to be sure that their pay levels do not lag behind the local job market.  But they also should not ignore, according to Dan Pink, the powerful motivational opportunity presented by promoting and encouraging employee autonomy, mastery and purpose. 

Continuing Changes in Veto-Proof Majorities and Partisan Control of Legislatures

By Karen Shanton

Since our post on veto-proof legislatures went to press, there have been a couple of noteworthy developments – one in Georgia and the other in New York – that could affect the political landscape. Here's a quick update on those developments.

Rep. Rusty Kidd

Following the November election, the Georgia House's sole independent, Representative Rusty Kidd, appeared to be considering a shift in party allegiances. Georgia Republicans had fallen just short of a two-thirds supermajority in the General Assembly, missing the mark by a single seat in the House. If Representative Kidd joined the GOP, he would tip the party over the two-thirds threshold. 

That possibility no longer seems to be on the table. Representative Kidd recently announced that he will remain independent.

In theory, this is a significant decision. In Georgia, legislators can override a gubernatorial veto or refer a constitutional amendment to the ballot with two-thirds of the vote. Adding Representative Kidd to their ranks would have given Republicans the numbers to exercise these powers unilaterally, without any input from state Democrats.

In practice, however, its impact may be limited. According to GPB News' Joshua Stewart, Representative Kidd was already considered a reasonably reliable Republican vote. And formally joining the GOP was unlikely to further increase his Republican vote tallies. As he told NBC's Amanda Castro before he announced his decision, "Some people think that automatically means just because you're one of 120 [members of the majority party], you're going to always vote with the majority. That's not the case." In addition, it's unlikely that the majority in the Georgia General Assembly will become so entangled with fellow Republican Gov. Nathan Deal that they need to override many vetoes.

Sen. Jeff Klein

A week or so ago, New York Democrats seemed to be on course to pick up majorities in both chambers of the state Legislature. They emerged from the election with a healthy majority in the state Assembly and 31 seats in the Senate. An additional two Senate races are undecided but are expected to go to the Democrats, leaving them with a slim edge in the 63-member Senate. 

However, Democrats' hold on the Senate has ended before it even began. Thanks to a recently-forged power-sharing agreement, a coalition of the Republican Party and the Independent Democratic Conference (IDC) will assume control of the New York Senate. Republican leader Dean Skelos and IDC leader Jeff Klein will alternate every two weeks as presiding officers of the Senate.

Sen. Dean Skelos

The effect this will have on public policy is uncertain. Traditional Democrats see it as a setback to a popularly-endorsed progressive agenda. Democratic spokesman Mike Murphy labeled it, "a coup against all New Yorkers who voted for Democratic control of the Senate and a progressive state government." However, IDC head Klein maintains that the group is "committed to seeing major pieces of progressive legislation pass in the Senate."

Trent Lott and Byron Dorgan Lobby for Bipartisanship in Washington

By Alex Fitsimmons

Former Sens. Trent Lott (R-Miss.) and Byron Dorgan (D-N.D.) have been on opposite sides of many political skirmishes over the years. But the senators joined forces Friday to fight for a cause they can both support: bipartisanship.

Addressing a group of more than 200 legislators and legislative staff at the plenary session of the National Conference of State Legislatures’ (NCSL) Fall Forum in Washington, D.C., Lott and Dorgan stressed the importance of reaching across the aisle to address a wide range of issues, from the fiscal cliff to energy reform.

Describing himself as an “incurable optimist,” the former Senate Majority Leader predicted Washington would strike a short-term deal to avert the fiscal cliff, a mix of tax hikes and spending cuts set to take effect at the end of the year. 

"I believe they will get an agreement," said Lott. "It will be minimal. It will be a long punt."

Lott and Dorgan, who co-chair the Energy Project at the Bipartisan Policy Center (BPC), endorsed an “all of the above” approach to energy reform. Each emphasized different aspects of energy policy – Lott pushed for more oil, natural gas, and coal, while Dorgan talked up renewables – but they both recognized the need for a balanced plan that borrows the best ideas from all sides.

“This economic engine that makes things possible in America is fueled by energy,” said Dorgan, adding that the BPC plans to unveil its comprehensive energy strategy this winter.

Taking questions from the audience, the pair identified numerous issues ripe for bipartisan compromise, including tax reform and filibuster reform. On tax reform, Lott believes Congress could tackle the issue by the end of 2013. On the filibuster, both agreed that current Senate rules foster discord, though they urged Congress to be circumspect in making any changes.

 “The lubricant of democracy is compromise,” said Dorgan.

Leadership intrigue...and more cool maps

by Tim Storey

Many legislative leaders are now being selected for next year's sessions. I hope to do a full rundown soon highlighting many of them. The leadership race with probably the most intrigue is playing out in the New York Senate. It appeared on election day that Democrats might have regained control of the body that was held 32 R - 30 D before the election. The New York Senate expanded to 63 members in this post-redistricting election, so Democrats needed to win 32 seats to claim the majority.

Two New York Senate races are still undetermined.  Not knowing election results soon after the election is becoming a tradition in New York as is a battle royale for the leaders post. Democrats lead in the two outstanding races and could emerge with a clear numerical majority. However, Brooklyn Democrat Simcha Felder has announce that he will caucus with the Republicans and support current Senate Majority Leader Dean Skelos, a Republican, to continue as the chamber's leader. In addition, Senator Skelos might get other Democrats to back him. Here's a pretty good overview from National Journal's Hotline as of Thursday afternoon, Nov. 15th. It looks like it will take a while for this to sort itself out.

In another chamber with close partisan numbers, the Arkansas House voted today to withdraw the title of Speaker-designate from Democratic Representative Darrin Williams. Republicans won 51 seats in the 100 member body in this election. In a second vote, the House, by a secret ballot vote of 53 to 45, chose Republican Davy Carter as the Speaker-designate over Republican Terry Rice. It appears that Carter received the votes of all or most of the chamber's Democrats to win. A run down of the House leadership election is at Arkansas' Talk Business website.

And in a note unrelated to legislative leaders, here are some cool maps from a professor named Mark Newman at the University of Michigan depicting the presidential results from last week.  They unfortunately do not include Alaska and Hawaii which is a big oversight...no pun intended. However, they do show county results that are really interesting to compare to this amazing precinct results map from 2008 from Stanford.