The Thicket at State Legislatures

Commission to Address Federal Deficit is an Affront to Representative Democracy

by Karl Kurtz

U.S. Senators Kent Conrad (N.D.) and Judd Gregg (N.H.) have proposed the creation of a commission to address the federal deficit.  For Congress to give up the power of the purse to this commission would be to relinquish its fundamental responsibility in our system of representative democracy.

The commission would be made up of 18 members--four members of Congress selected by each of the four congressional party leaders, the secretary of the treasury and one other member selected by the president. At least 14 of the members of the commission would have to agree to make recommendations to cut the federal deficit.  The Congress would then consider the recommendations after the 2010 elections under expedited procedures, no amendments allowed, and a super-majority would be required to pass the proposal.

This proposal has been kicking around for a while but has new currency because Conrad and Gregg propose to attach it to the must-pass debt limit resolution in the next week or so.

Yesterday, Denise Baer, a lecturer at Johns Hopkins University and a consultant sent an e-mail message to political scientists who study legislative politics

to urgently request that you consider adding your voice asking Congress to say “no” to this unprecedented, undemocratic, and unnecessary voiding of traditional legislative prerogatives.

Here is the heart of her argument:

For Congress to “outsource” its legislative powers in such a wholesale way (as Sen. Max Baucus put it) is wrong, and risks reducing congressional oversight and accountability at a time when public will is diverse and lacking for the type of hard decisions that must be made.  In my view, to seek to educate the public AFTER a task force or commission has prepared non-amendable legislation...is both backwards and anti-democratic...AND is partisan in that it reflects congressional deference to a special interest set of economic interests unable to win at the polls.  We political scientists know better -- that ALL interests are special, and it is the special role of Congress to transparently and democratically represent the melding of public views in authoritative legislation (as Professors Rosenthal, Loomis, Hibbing and Kurtz have so persuasively reminded us in Republic On Trial).  

Whoa!  I didn't expect--but am pleased--to find Republic on Trial:The Case for Representative Democracy cited in this discussion.  I'm glad Ms. Baer finds our argument persuasive that it is the role of legislatures to resolve the many disagreements and competing interests in our society through a process of debate, negotiation and compromise.

Extension for States on Adam Walsh Act

by NCSL Staff

A victory for states! This week, Eric Holder, the Attorney General of the United States, signed a one year agreement to extend the deadline for states to comply with the Sex Offender Registration and Notification Act (SORNA), which is part of the Adam Walsh Child Protection and Safety Act.

This extension is a win for all states and one that the National Conference of State Legislatures has fought hard for on Capitol Hill. It also represents an important first step toward making this tough federal law more workable at the state level.

The SORNA compliance deadline for states would have been the middle of this year. The penalty for noncompliance is a 10 percent reduction to federal Byrne/JAG law enforcement assistance grants. But with the Attorney General's signature, states now have until 2010 to come into compliance.

SORNA is a very prescriptive law that mandates information states must collect regarding sex offenders and defines different tiers of sex offenders to determine how long a person has to register as a sex offender. Many of its requirements pertain to juveniles adjudicated delinquent and will force states to completely overhaul how juvenile sex offenders are treated. It also will require periodic, including in-person, verification of registration information and requires internet-based information by added to a national registry among other related requirements.

Although this is a victory for states, many will still face challenges in implementing compliancewith Title 1 of SORNA in just one year. The cost is a major factor for states, especially during this tough economic climate. Many states are grappling with how to redefine their offender classes in order to comply with federal law, while others are working to address the juvenile provisions of the Act.

The Buzz: States Hit a 'Home Run'

by Michelle Blackston

NCSL and states scored a major victory when President Barack Obama released guidelines regarding federal agencies and departments establishing new rules and regulations. The president, in his memo to agency executives, said federal agencies must avoid preempting state laws without a sound legal basis to do so.

In this podcast, Senior Federal Affairs Counsel Michael Bird in the Washington, D.C., office discusses the enormity of this memo and what it means moving forward not only for states, but also for the federal agencies that set regulations. The issue of federal preemption of state laws has been a top 10 policy issue for NCSL and is a big win for states. Listen to our podcast (5:23) and click on "Dateline Washington" at www.ncsl.org for the latest State-Federal news from NCSL.

Fund-raising Bans During Legislative Sessions

by Karl Kurtz

Are bans on campaign fund-raising by legislators during legislative sessions a good idea?  That's the question that A.C. Kleinheider addressed in Nashville's TheCityPaper last week.  His commentary focuses on a proposal by Tennessee Lieutenant Governor (and Speaker of the Senate) Ron Ramsey, who wants to run for governor in 2010, to repeal his state's ban on fund-raising during session:

“To tie someone’s hand when they’re in the legislature when they’re running for another office doesn’t seem fair. The governor himself can raise money, if you’re a sitting congressman you can raise money, why shouldn't someone in the legislature, if they’re running for an office also be able to raise money? So that’s something we need to look at seriously,” Ramsey said discussing the law.

Kleinheider goes on to give a history and argue in favor of the repeal:

Watching What They Eat

by Pam Greenberg

An Associated Press story yesterday highlighted the Montana Legislature's new practice of posting the legislative social calendar on its website. 

The Montana Legislature is offering its constituents food for thought by posting its 2009 calendar of special interest group-sponsored brunches and mixers online for the first time.

The electronic posting of the Legislature's social calendar strengthens openness in government, said House Speaker Bob Bergren.

"We want to make sure this (legislative session) is a transparent process," Bergren said.

He said it's also better than a paper calendar for keeping the state's 150 legislators informed.

The article mentions New Mexico and Nevada as other states that post social calendars, but social calendars also are available online from the Arkansas Senate and the Colorado, Iowa and Oregon legislatures. (Let us know if there are others we missed.)  The practice may be part of a growing transparency movement, although the Arkansas Senate first posted the social calendar on its web site back in 1997.

Peggy Kern's article, "The Influence Business," in this month's State Legislatures magazine, discusses how lobbyists are now facing stricter regulations than ever before.  Reporting and disclosure is a theme in many of the calls for reform. 

Changing How Citizens and Lawmakers Interact

by Pam Greenberg

The Internet has forever changed how citizens and lawmakers interact, says the Congressional Management Foundation's latest publication in its Communicating With Congress project. "Recommendations for Improving the Democratic Dialogue" presents interesting perspectives about managing communications between citizens and Congress. It discusses the challenges citizens, grassroots advocates, and members of Congress each face when dealing with communications in the Internet age. It also provides recommendations and a new model (described in bullet points in the report's executive summary) for these communications. Some highlights for state legislators and legislative staff include the report's "Recommendations to Member Offices."  Among other recommendations, it urges lawmakers to:

• Fully utilize e-mail for responding to constituents.
• Provide a tier-structured online Web form that differentiates between different reasons for contacting the office, so that time-sensitive requests for assistance do not get lost among the many issue-related messages.
• Develop and post correspondence policies online.

Another interesting section (on page 41) counters some common myths about responding to e-mail with e-mail, such as these (excerpted in abbreviated form here):

• "The text of our response will be altered if we respond with e-mail." Reality: "Offices that respond with e-mail have never reported that happening…"
• People like letters--they're more impressive." Reality: "People who send e-mail are expressing their preference for an online reply…"
• "Constituents who write via e-mail are not as important as those who write via e-mail." Reality: "Research shows that people…who have contacted their elected officials [online] are far more influential in their communities than the general public…"
• "We don't want to write shorter responses--constituents appreciate a good, quality response." Reality: "E-mailers will generally place greater importance on the speed of the response than on its length and will view a long response as an unnecessary and difficult read."
• "Answering e-mail with e-mail will encourage pen pals." Reality: "E-mail does make it easier for pen pals to prolong the debate, but there are some easy techniques for managing their expectations…"

The report's recommended "new model for constituent communications" also provides useful ideas and examples of "communications dashboards"--screenshots of a non-product-specific constituent management system interface in a congressional/legislative office.

Brush Up While There's Still Time

by Meagan Dorsch

Finding sources for alternative energy; successful programs to help people stop smoking; possible solutions for transportation revenue shortfalls and breaking the cycle of poverty. All of these issues were discussed at NCSL's Fall Forum in Atlanta, Georgia.

Over 200 legislators and legislative staff were able to attend. For those of you who may not know, our Fall Forum meeting gives lawmakers and staff an opportunity to share their experiences with shaping public policy, passing new laws and managing the legislative institution. 

This annual meeting also provides a first-hand look at the legislative decision-making process and is an opportunity to learn about developments in the states.

NCSL's Twelve Standing Committees help determine the content of our seasonal meeting, which we captured on audio tape!

Be sure to log onto our Fall Forum Recording page and listen to over two dozen sessions from Atlanta. You can learn what states are doing to address many of these complicated issues. Make sure to brush up on the issues while there is still time. Many legislatures go back into session in just a few weeks.  

 

More on the Legislative Tracking Biz

by Karl Kurtz

Anyone who has already read and was interested in "CQ Moves into the Legislative Tracking Business" should go back to that post to read an update.

Following Justice Frankfurter, I thought that legislative redistricting was the ultimate political thicket.  Little did I know.

CQ Moves into the State Legislative Tracking Business

by Karl Kurtz

Congressional Quarterly, Inc., the leading provider of information on the workings of Congress, recently announced that it is moving into the state legislative tracking business by purchasing TrendTrack, a web-based information service on state legislatures.  TrendTrack's founder and CEO, Ron Hogan, is an NCSL staff alum.  Ron will continue to work for CQ's TrendTrack.

The other major providers of state legislative tracking services are:

• State Net, the Sacramento-based company with whom NCSL has partnered for its 50-state Bill Information Service (sorry, The Thicket readers outside the legislatures, this service is available to legislators and staff only)
• NetScan from Thomson West, which contributes to NCSL and its Foundation by providing access to Westlaw and its database on state statutes, as well as supporting numerous legislative staff organization events
• and StateScape.

Like any industry, state legislatures attract vendors who provide services of various kinds such as bill management software, roll call voting machines or constituent request management systems.  Even lobbyists can be considered a type of service provider to legislatures.  We haven't done much in The Thicket to cover these industries.  We invite submissions of items that are of multi-state interest from the broader legislative community.

11/19 Update: When I posted this item, I thought it would be apparent that the term "legislative tracking" services meant companies that provide automated searches of all state legislation.  I have since come to realize that there are other companies that provide tracking services tailored to the interests of their clients and based on intelligence-gathering in each of the states.

One such organization is Stateside Associates, which has been providing legislative monitoring services for 20 years.  Stateside Associates, a strong supporter of NCSL's Foundation, also provides its clients an outlook on pending legislation and develops and implements legislative advocacy programs. 

MultiState Associates is another company that offers 50-state advocacy services on state legislation and with whom NCSL has had a long relationship.  They have recently added a new legislative tracking service. 

I invite any other 50-state service providers on legislation to submit comments below about their company's services.

Bloggers vs. Judges

by Meagan Dorsch

Does your state legislature offer media credentials to bloggers? Are bloggers considered members of the media? Do you remember this Thicket posting on the same issue?

A colleague sent me a link to an article in The Oregonian about a blogger who was kicked out of a city council executive committee meeting for not being a member of the mainstream media. Although this situation takes place in city government, the article points out that in order "to avoid a patchwork of different city or county media policies, the Legislature might have to enact a clearer definition of 'media'."

The Oregon Legislature may not be alone. Bloggers (and the Internet) were not taken into consideration when credential practices were issued. NCSL's Legislative Information Communication Staff Section (LINCS) asked its members which states credential bloggers as part of its office function survey. This comprehensive study provides LINCS members with a better understanding of what it takes to be an effective legislative communicator. If you predict the future based on the results in this survey, it looks like several states could end up in the same situation as Oregon.