The Thicket at State Legislatures

Sunlight on States

By Pam Greenberg

The Sunlight Foundation recently announced the launch of the Open States website, which has legislative information for all 50 states, D.C. and Puerto Rico. The site was created by staff at Sunlight, a nonprofit, nonpartisan organization, with the help of volunteers.

We wrote in 2011 about an earlier version of the site, which had information from five states. The new site has come a long way in two years, and provides citizens with easy to find information in a standard format for all states.

From the home page, enter an address or browse by state. Selecting a state shows an interactive map of legislative districts—just click and drill down to find your district and who represents you. Or enter an address to bring up names and photos of legislators for that district. Once you’ve selected a legislator, the site shows contact information, committee membership, and bills sponsored. You can click to “Follow” a legislator or a bill, or to share information to Twitter or Facebook. The full text of bills are searchable, and searches can be narrowed with filters like status, chamber, sponsor or, in some states, by topic. There’s also a free Open States app for iPhone or iPad.

Legislative information on the site is automatically collected nightly by scraping legislative websites, so the information available can vary depending on the information provided by the state. Legislators’ votes on bills or events like committee hearings are available in some states. Also, the legislative data is combined with information from other sources. For example, a legislator’s page might include links to news articles and blogs (for example, from a caucus or legislative blog site or from a local political blog). Legislators’ campaign contributions also are shown for most states.

Open States also makes the data they collect available for bulk download formats or via an API (Application Program Interface) so that others can combine or use the data in new ways, like in this visualization from MinnPost.com.

Legislative websites in many states also are evolving and responding to changes in technology and citizen expectations. Some legislatures already directly provide their data in bulk downloads or via an API. Many already have bill tracking services and address look-ups or maps that allow citizens to find out who represents them. They also are creating apps and online features that make it easier for citizens to sign up to testify in committee, to submit testimony, and state their opinions about bills. So visit the Open States site, but remember to check in with your state’s official legislative website, too.

Social Media: Becoming a Trusted Source for Political Information

By Pam Greenberg

Americans increasingly place their trust in social media sources—almost as much as or more than they trust traditional news outlets, according to some recent surveys.

The Social Media Election Survey Report, released in January by the George Washington University Graduate School of Political Management and ORI (a market research and business intelligence firm), examined social media in the 2012 election and its implications for political, business and civic institutions. According to reporter Byron Tau in Politico,

The survey finds that nearly two-thirds of voters reported that political information on social media was either higher quality or on par with traditional media outlets. For users younger than 25, 71 percent put the same or greater level of trust in content.

Older voters are more skeptical of information shared on social media — with 36 percent calling it less reliable than traditional news sources.

In 2012, the Edelman Trust Barometer, a global study, found growing public trust in new communications, noting that while traditional news sources were still the most trusted,

…social media, which consists of social networking sites, content sharing sites, blogs, and microblogging sites, saw the biggest percentage increase (75 percent) in trust among media sources.

Edelman’s 2013 Trust Barometer also reports that people are turning more often to their peers for credible information.

This likely comes as no surprise in statehouses across the country, where every state uses social media in some capacity.

Social Media 2012: A Look Back

By Pam Greenberg

For many of us, the end of the year is a time for reflecting. Here are some social media statistics from the past year that may interest legislative junkies.

Social Media Overall ¹
• 60% of all Americans use social networking sites (such as Facebook, LinkedIn, or Google+ or Twitter)
• 69% of U.S. Internet users use social networking sites (such as Facebook, LinkedIn, or Google+ or Twitter)

Top U.S. Social Networks ²
1. Facebook
2. Blogger
3. Twitter
4. Wordpress
5. LinkedIn
6. Pinterest
7. Google+
8. Tumblr
9. MySpace
10. Wikia

Political Demographics of U.S. Social Media Users ¹
• Republicans: 65% use social networking sites / 12% use Twitter
• Independents: 71% use social networking sites / 18% use Twitter
• Democrats: 71% use social networking sites / 18% use Twitter

Election 2012 Discussion
• Facebook tracked 71.7 million election-related mentions made by users within the U.S., more mentions than the 2012 Super Bowl or the San Francisco Giants’ win in the World Series. ³
• Twitter saw more than 20 million tweets about Election Day in 2012, making the election the most tweeted-about event in U.S. political history (the first tweet was sent in March 2006) ⁴

Election 2012 Online Viewing ⁵
• 46% of registered voters who use the Internet watched previously-recorded videos of candidate speeches.
• 39% watch informational videos online that explain a political issue.
• 36% of registered voters who use the Internet watched political ads.
• 20% of registered voters used social media to let others know that they voted.

Number of Legislative Caucuses or Offices Using Social Media ⁶
Facebook (Caucus): 110
Facebook (Nonpartisan legislature, chamber, or office/agency): 17
Twitter (Caucus):109
Twitter ((Nonpartisan legislature, chamber, or office/agency): 51

Sources:
¹ Social Media and Political Engagement, Pew Internet & American Life Project
² Social Media Report 2012, Nielsen
³ 2012 Election Activity on Facebook, Facebook
⁴ Twitter Government, Twitter
⁵ Online Political Videos and Campaign 2012, Pew Internet & American Life Project
⁶ Legislative Social Media Sites, December 2012, NCSL

 

CA says no to employers asking for SM passwords

By Meagan Dorsch

Can employers force potential or current employees turn over the username and password of their personal social media accounts? California is the latest state to address the issue as Jerry Brown signed bills Thursday prohibiting employers and institutions of higher education from forcing students and prospective employees to hand over their personal social media data.

We first wrote about this issue in April on The Thicket. At that time, the state of Maryland was set to become the first state to enact legislation prohibiting this action. A separate bill passed the House in Illinois, and concern over this practice was being discussed in Congress.

NCSL continues to track this issue and has released data showing that over a dozen states considered legislation that would restrict employers from requesting access to social networking usernames and passwords of applicants, students or employees in 2012.

Four states enacted legislation in 2012 this year, two of which prohibit higher education institutions from requiring students to disclose social media passwords or account information.

As mentioned in the previous post, at the heart of this issue for state and federal lawmakers are privacy and employment laws, both of which could be violated if a person provides passwords to personal accounts. What is your take? 

Citizens Invited to Tackle Red Tape in Texas

by Pam Greenberg

“In the good old days, we did not have to compete in a world market. We did not have to keep up with technology, that changes daily, or learn skills that even seasoned teachers did not have, in order to be the innovators and inventors of the 21st century,” says Christy Garcia, a participant the Texas Red Tape Challenge. The Red Tape Challenge is an innovative site created by the Texas House Government Efficiency and Reform Committee, chaired by Rep. Bill Callegari.

Garcia’s comment, in response to a discussion topic about assessments of academic readiness (or “Testing, Testing and More Testing,” according to another participant) is part of an active crowdsourcing site that encourages public input. In addition to posting comments, participants can vote on others’ ideas with an “agree” or “disagree” vote.

The web-based project, which was launched in early July, currently focuses on four topics: public school mandates, state agency rulemaking, manufacturing in Texas, and occupational licensing (there’s a lively debate going on about the licensing of geoscientists).

According to Callegari, the challenge is "an extension of my longstanding philosophy that good ideas may be found within the wealth of expertise and experiences of all Texans. And that those ideas may contribute to meaningful changes in our laws and regulations."

There’s also room for “Off Topic Ideas” like the top-ranked “Put lawmakers’ financial disclosures online” suggestion, with a feedback score of +15, or the suggestion to "Eliminate the Texas Senate" (score: 0).

According to Jeremy Mazur, Chief of Staff for Rep. Callegari and site moderator, the rate of public participation on the site has exceeded their original estimates, and continues to climb. The committee will consider ideas and recommendations from the project in a formal hearing in the Texas Capitol in November.

House Speaker Joe Straus is encouraging Texans to visit the site, which he says will “help the Legislature make state government more efficient, accountable and responsive to taxpayers. ”

The Hawaii Legislature's Website No ka `oi (the best)

The website for the Hawaii state legislature, which was redesigned and upgraded less than a year ago, earned the Online Democracy Award as the nation's top legislative website this week during the National Conference of State Legislatures' 2012 Legislative Summit in Chicago, Ill. NCSL's Online Democracy Award is given each year to a legislature, legislative chamber or caucus whose website stands out for making democracy user-friendly.

“Through public input and the teamwork of our diligent staff, the Hawaii State Legislature’s website has become a more user-friendly, accessible portal for citizens of all ages wishing to participate in or learn more about the legislative process,” said Senate President Shan Tsutsui. “The website helps citizens from all islands throughout Hawaii to connect to information and policy issues that directly impact their lives and communities.  We are greatly honored to be recognized for these efforts.”

The Hawaii state legislature, stood out to the panel of judges for the extensive amount of information available on the website. Features such as the guide for first-time users, explanations about how to use various features, a citizens guide and a legislative glossary allows citizens of all ages to participate in the legislative process.
The judges also noted:  

• Additional features that invite citizen involvement, such as a “Submit Online Testimony” link on the home page and on bill summary pages, and a flexible “Find Your Legislator” feature.
• Easy and accessible links to calendars, caucus sites, and committee hearings.
• A simple, clean and consistent layout, with the most frequently-used items in the center of the home page and a consistent search function on left and navigation tools on the right.

"As a state comprised of islands, access to legislative information online is critical, and encourages greater participation by the public in the legislative process," said Hawaii's Speaker of the House Calvin Say.  "We are so proud of our team in being recognized through the Online Democracy award.  Their excellent work in redesigning the website promotes greater openness and transparency.   With rapid changes in technology, we understand that people are constantly seeking information in new ways, and this website has now become an invaluable tool for lawmakers, staff, the media and citizens of all ages." 

The Online Democracy Award is sponsored by two of NCSL's staff organizations: the National Association of Legislative Information Technology (NALIT) and the Legislative Information and Communications Staff (LINCS).

Previous winners of the NCSL Online Democracy award include the Florida Senate, Washington Legislature and Tennessee General Assembly.

Library of Congress Selects NCSL Website for Digital Archives

by Jon Kuhl

NCSL recently received some exciting news from the United States Library of Congress. Our website has been selected for inclusion in the Library’s historic collection of Internet materials related to public policy topics.

In their correspondence with us, the Library wrote, “We consider your website to be an important part of this collection and the historical record.” The Library explained the purpose of the digital archive, saying “Our web archives are important because they contribute to the historical record, capturing information that could otherwise be lost. With the growing role of the web as an influential medium, records of historic events could be considered incomplete without materials that were ‘born digital’ and never printed on paper.”

The Library’s web archives project was started in 2000 and is managed by a multidisciplinary team of Library staff who evaluate, select, collect, catalog, provide access to, and preserve the materials. The Library’s web archives are broken down by topic, with such themes as U.S. elections, the Iraq War, and the terrorist attacks on 9/11.

NCSL is a founding member of the Library of Congress’ National Digital Strategic Alliance project. This project works "to establish, maintain, and advance the capacity to preserve the nation's digital resources for the benefit of present and future generations.”

The archiving process of the NCSL site will take at least one year. We can’t wait to see the finished product!

Photo: Google Images

Paltry Participation: 1.6 Percent Report Use Taxes

By Alex Fitzsimmons

People who make out-of-state purchases, including over the Internet, are supposed to pay sales and use taxes on those purchases. But as a new study indicates, just a tiny number of people actually report the use taxes they owe.

Only 1.6 percent of taxpayers nationwide reported use taxes on their 2009 tax returns, according to data from a Minnesota state House report. Rhode Island had the lowest participation rate, with only 0.2 percent of taxpayers reporting use taxes.

At a Senate Finance Committee hearing last week, NCSL submitted written testimony in support of the Marketplace Fairness Act, which would provide states the authority to require remote sellers to collect state sales taxes. The Marketplace Fairness Act, which enjoys bipartisan support in Congress, would close this tax loophole and level the playing field for brick-and-mortar stores, many of which are small businesses.

“Let us make this very clear: State legislators are not advocating any new or discriminatory taxes on electronic commerce,” wrote NCSL’s Task Force on State and Local Taxation of Communications & Electronic Commerce. “We desire, however, to establish a simplified sales and use tax collection system that allows sellers, regardless of where they are located, to collect and remit the legally owed sales and use taxes.”

“We need to make sure our federal, state and local tax systems are working together,” said Senator Max Baucus (D), chairman of the Senate Finance Committee. “As part of tax reform, we should ask how we can help states collect taxes owed and how we can encourage standard rules to protect taxpayers from multiple taxes and needless complexity.”

NCSL announced its support for the Marketplace Fairness Act last November. In a letter to congressional leaders, NCSL praised the bipartisan group of co-sponsors for attempting to close the sales tax loophole.

States and localities in 2012 will lose about $23 billion in uncollected sales and use taxes, with more than $11.4 billion from e-commerce sales, according to a University of Tennessee study. The same study found that only 4 percent of buyers said the collection of a use tax would affect their decision to purchase products online.

Please Fill Out Your Name, SS Number and Facebook Password

By Meagan Dorsch

Updated post on this issue

When applying for your next job, you may need to submit the username and password for your personal social media accounts along with a cover letter, résumé and list of references.

Several companies, and government agencies, have been challenged for allegedly asking job applicants to provide passwords to their personal social media accounts as a condition of employment. This week, U.S. Senators Richard Blumenthal (D-CT) and Charles E. Schumer (D-NY) asked the U.S. Department of Justice  and the Equal Employment Opportunity Commission to look into the matter.

This issue had already grabbed the attention of state lawmakers.  According to the National Conference of State Legislatures, lawmakers in a handful of states have introduced legislation to prohibit such actions. The state of Maryland is set to be the first state to enact this legislation prohibiting this action. A separate bill passed the House in Illinois, and concern over this practice might even prompt federal legislation.

Why do employers want to see what you do on social media? Presumably, they are looking for the “real” you, making sure that those who work in public agencies or with children are not engaging in inappropriate behavior or that those in a high profile position (who might represent a company) do not have inappropriate material floating around online.

What appears to be at the heart of this issue for state and federal lawmakers are privacy and employment laws, both of which could be violated if a person provides passwords to personal accounts. There is also the concern over businesses violating the Federal Stored Communications Act. Even Facebook, the company that has been at the heart of several privacy issues, says providing this information goes against its user agreement. The company has even threatened to sue employers that violate its policy.

Senators Blumenthal and Schumer have called this a disturbing trend, one that has the attention of Congress, state legislatures and the public. For some, it’s an issue of privacy; others see the issue as an infringement of rights. As one person commented on a recent thread, if an employee is asked for his/her password, is it fair to demand it from the company as well? 

Photo from the Daily Press & Argus article in Livingston Daily.com. 

Updated April 11, 2012 to include information regarding Maryland's bill.

Texas Senate Committee Takes Social Media South by Southwest

Texas state Sen. John Carona

by Pam Greenberg

Today, the Texas Senate Committee on Business and Commerce will participate in South by Southwest (SXSW)—the uber music, film, and technology conference and festival held in Austin each year. The session, “Senate Committees Push Boundaries on Social Media,” will highlight the committee’s use of social media and web 2.0 tools to engage with the public. According to the session description, Committee Chairman John Carona wants to “push the envelope so hard it’s no longer stationery,” going paperless, live blogging, using social media, and developing a committee app. A Statesman.com article from January describes some of the committee's work:

At present, the Senate panel is working to "crowdsource" an upcoming hearing on payday lending to give a voice to more Texans affected by the high-interest, short-term loans.

Crowdsourcing is an open call issued online for help in performing tasks—preparing legislation or compiling research, in this case—in the hope of getting a group of people or "crowd" to carry out the task.

Several times in recent months, the Senate panel and the Joint Committee on Oversight of Higher Education Governance, Excellence and Transparency have used Twitter, live blogs and other online tools to try to broaden citizen involvement.

The Committee also has an Android app and is planning an iPhone version (a list of other legislative apps is available from NCSL here.) The New York State Senate has also used crowdsourcing in the past to gather ideas about property taxes, ethics reform and campaign finance.

To follow the Committee and conference events on Twitter, check out the Committee hashtag #TxLegeBC and the conference hashtag #SXSW.