LEGISLATIVE MANAGEMENT COMMITTEE

The Legislative Council delegated to the Legislative Management Committee the Council's authority under North Dakota Century Code (NDCC) Section 54-35-11 to make arrangements for the 2001 special legislative session and the 2003 legislative session. Legislative rules are also reviewed and updated under this authority. The Legislative Council designated the committee as the Legislative Ethics Committee under Section 54-35-02.8, with the responsibility to consider or prepare a legislative code of ethics. The Legislative Council delegated to the committee: (1) the duty under Section 54-03-26 to determine the computer usage fee for legislators; (2) the power and duty under Section 54-35-02 to determine access to legislative information services and impose fees for providing such services and copies of legislative documents, and to control permanent displays in Memorial Hall and use of the legislative chambers; (3) the authority under Section 54-06-26 to establish guidelines for use of state telephones by legislative branch personnel; (4) the authority under Section 46-02-04 to determine the contents of contracts for the printing of legislative bills, resolutions, and journals; and (5) the responsibility under Section 54-60-03 to determine which standing committees will receive a report from the Commissioner of Commerce. The Legislative Council assigned to the committee the responsibility to determine when agricultural commodity promotion groups must report to the standing Agriculture Committees under Section 4-24-10 and which committees of the 58th Legislative Assembly are to receive a report from the Labor Commissioner under 2001 Session Laws, Chapter 145, Section 15.

Committee members were Senators Bob Stenehjem (Chairman), Bill Bowman, Randel Christmann, Joel C. Heitkamp, and Aaron Krauter and Representatives Wesley R. Belter, LeRoy G. Bernstein, Merle Boucher, Pam Gulleson, David Monson, and Mike Timm.

The committee submitted this report to the Legislative Council at the biennial meeting of the Council in November 2002. The Council accepted the report for submission to the 58th Legislative Assembly.

LEGISLATIVE RULES

The committee continued its tradition of reviewing and updating legislative rules. After the 2001 legislative session, a legislative process questionnaire was distributed to every legislator. The questionnaire asked specific questions on legislative procedures and also requested comments on how to improve the legislative process. Throughout this report, references are made to the questionnaire and responses.

Joint Constitutional Revision Committee

During its review of responses to the legislative process questionnaire, the committee discussed whether to reestablish the Joint Constitutional Revision Committee. This committee was created in 1977 as recommended by the Legislative Procedure and Arrangements Committee as a means to ensure that constitutional revision measures recommended by the Legislative Assembly were coordinated and did not conflict with one another. Because of conflicts during the 1995 legislative session when other committees met when the Joint Constitutional Revision Committee met, the Legislative Management Committee recommended repeal of the committee in 1996. Since that time, 14 proposed constitutional amendments were considered during the 1997 legislative session, 18 during the 1999 legislative session, and 7 during the 2001 legislative session. Those proposed constitutional amendments were referred to various standing committees for hearings and recommendations.

The committee recommends creation of Joint Rule 303 to reestablish the Joint Constitutional Revision Committee. The committee would consist of 10 members, five from each house. The committee would meet on Wednesday of each week beginning at 3:00 p.m. in the Prairie Room and would receive all resolutions proposing amendments to the Constitution of North Dakota. The committee also recommends the necessary amendments to Senate and House Rules 502 and 503 to allow legislators who serve on two standing committees to be eligible for the Joint Constitutional Revision Committee and to prohibit committees that have Joint Constitutional Revision Committee members from meeting when that committee meets. With this committee reestablished, one committee would coordinate which election measures should be placed on the ballot and the order of placement on the ballot.

Printed Bills and Resolutions

The committee reviewed a suggestion from personnel employed in the bill and journal room during the 2001 legislative session with respect to the number of bills printed. Under Joint Rule 603(1) and (2) and the contract for printing bills, resolutions, and journals, 500 copies of introduced bills and resolutions and 100 copies of engrossed bills and resolutions are printed. The suggestion was to change these numbers to 300 to 350 and 150 to 200, respectively, because of the excess numbers remaining after the legislative session. The reasons for the increase in undistributed bills and resolutions appear to be use of personal computers by legislators, with the corresponding reduction in bill racks in the chambers, and availability of the text of bills and resolutions on the Internet.

The committee recommends amendment of Joint Rule 603(1) and (2) to provide for the printing of 350 copies of introduced bills and resolutions and 200 copies of engrossed bills and resolutions. A corresponding change was made in the contract for printing bills, resolutions, and journals which was awarded by the committee in October 2002.

Executive Agency and Supreme Court Bills

The 57th Legislative Assembly amended Joint Rule 208 to authorize executive agencies and the Supreme Court to file with the Legislative Council those bills they wish to have introduced no later than the close of business on the day after adjournment of the organizational session. The former deadline was December 10, which caused questions about the actual deadline when that date fell on a weekend. The committee discovered that Senate and House Rules 402(2) still refer to the December 10 deadline.

The committee recommends amendment of Senate and House Rules 402(2) to require executive agencies and the Supreme Court to file bills no later than the close of business on the day after adjournment of the organizational session. The amendment completes the change initiated before the 2001 legislative session by making consistent the references in the Senate, House, and Joint Rules.

The committee received a request from the Office of Management and Budget relating to the preparation of appropriation bills. The Office of Management and Budget reported that the office could not meet the statutory deadline provided by NDCC Sections 54-44.1-06 and 55-44.1-07 for the presentation of the appropriation bills at the organizational session. The committee recommends the Legislative Council staff be requested to receive appropriation bills implementing the Governor's budget after the statutory deadline but by December 12, 2002.

Legislative Rules Book

The committee authorized a reprint of the legislative rules book to incorporate rules changes approved at the organizational session, with appropriate grammatical, style, obsolete reference, and numbering changes to integrate new rules; reorder and renumber rules as appropriate; and reflect current procedures.

Other Rules Proposals Considered

The committee reviewed a proposed amendment of Senate and House Rules 402 to designate the fifth legislative day as the deadline for introducing a bill mandating health insurance coverage of services or payment for specified providers of services. This proposal is discussed in detail under MISCELLANEOUS MATTERS, Health Insurance Mandates Procedure.

The committee reviewed NDCC Section 23-12-10, which prohibits smoking outside designated smoking areas in places of public assembly and allows public officials having general supervisory responsibility for government buildings to designate smoking areas. Until 1993, Joint Rule 804 designated the legislative study room on the first floor of the State Capitol as a smoking area during a legislative session for members of the Legislative Assembly, guests specifically invited by members of the Legislative Assembly, and employees of the legislative branch. In 1993 each house adopted a different version of Joint Rule 804--the Senate allowed "employees of the legislative branch" and the House allowed "state employees" to use the smoking area. Thus, no joint rule is in effect which designates a smoking area. The committee makes no recommendation with respect to reestablishing Joint Rule 804.

Recommended Bill - Receipt of Bills by the Governor

The committee discussed news stories concerning the Governor of Minnesota being "unavailable" to accept a bill enacted by the Minnesota Legislature and whether such an issue could arise in North Dakota. No constitutional or statutory provision requires the Governor to receive bills presented by either house of the Legislative Assembly. Although no judicial opinion in North Dakota directly addresses the issue of when the Governor must receive a bill presented by the Legislative Assembly, court decisions in other states support the position that regular presentment to the Governor or Governor's staff constitutes delivery.

The committee recommends Senate Bill No. 2050 to address the lack of procedures with respect to accepting delivery of bills passed by the Legislative Assembly. The bill requires the Governor to accept delivery of bills passed by the Legislative Assembly and presented to the Governor during regular business hours. Provision is made authorizing coordination with the presiding officer of the Senate or the House of Representatives with respect to delivery of bills outside normal business hours or during times the Governor anticipates being out of the office for more than three legislative days. This coordination recognizes current practice. The period of three legislative days tracks the period of time during the legislative session when the Governor must act on a bill after its delivery, as provided by Article V, Section 9, of the Constitution of North Dakota.

LEGISLATIVE INFORMATION SERVICES

Notebook Computers for Legislators

After the 1995 legislative session, 60 IBM ThinkPad 755CD notebook-style personal computers were purchased for distribution to legislators, and during the 1995-96 interim 15 IBM ThinkPad 760ED notebook-style personal computers were leased for distribution to legislators. These numbers were viewed as the upper limit for which support and assistance could be provided through the 1997 legislative session. ThinkPads with built-in CD-ROM drives were chosen for legislators due to their features, past experience with the reliability of IBM hardware, and the ability to obtain local support and maintenance on short notice.

After the 1997 legislative session, 60 Gateway Solo 9100 notebook-style computers were purchased for distribution to legislators. During the 1997-98 interim, the IBM ThinkPads were replaced by 87 Gateway Solo 2500 notebook-style computers. The decision to replace the IBM ThinkPads was made as part of the Legislative Assembly's information technology strategic plan to provide every legislator with a computer that would be able to take full advantage of the 1997-98 enhancements to the Legislator's Automated Work Station (LAWS) system, e.g., split-screen display of amendments and text of bills and planned software upgrades for the next four years. In addition, newer computers would allow more efficiencies due to Pentium processor speed and greater disk capacity. The computers were either Pentium 166 MMXs or Pentium II 233s. Each computer had 48 megabytes (MB) of RAM and the hard drive was either two or four gigabytes (GB). The display was 13.3 inches and the operating system was Windows 95.

The committee reviewed a four-year replacement schedule for notebook-style computers for legislators. Some of the computers used by legislators had been in service four to five years. Warranties on 60 computers expired before the 2001 legislative session, and the warranties on 87 computers expired June 19, 2001. Warranty service was important with respect to the Gateway computers--the computers were experiencing various hardware problems such as hard drive and battery failures, an inventory of replacement parts was becoming difficult to maintain, and a timelag of six weeks to obtain parts was becoming common. A number of computers were operable only because the Legislative Council staff had scavenged other computers for parts. Newer software was not compatible with the Windows 95 operating system, which was no longer supported by Microsoft. For most legislative purposes, the limits on the Gateway computers had been reached as far as further software development and upgrades.

The committee reviewed requirements for the replacement of legislators' computers. Basically, 256-MB RAM is necessary for the LAWS system, Lotus Notes, and Internet Explorer to be open simultaneously and operate at an adequate speed. A 15-inch screen would accommodate future development in the LAWS system, particularly with respect to easier viewing of the text of measures. A 20-GB hard drive is necessary to accommodate the amount of legislative software that needs to be loaded on the computers. The Windows 2000 operating system is recommended for use with Corridor application, which provides access to LAWS via the web. A Pentium III 900 megahertz processor would provide adequate speed for projected future development.

The committee reviewed information on five notebook computers--the IBM ThinkPad A22m, Dell Inspiron 2500, Gateway Solo 9500, Compaq Armada E500, and HP OmniBook XE3. After reviewing the specifications for each computer, committee members gave each computer a hands-on test. The committee authorized the purchase of 150 IBM ThinkPad A22m notebook-style computers with the standard warranty.

Primary reasons for selecting this computer were the inclusion of a DVD drive, which may be useful in the development of future legislative applications; a bright display screen; quiet fan operation, the better "feel" of the keyboard and appearance of the keyboard display; the location of the network connection on the back versus the side; and the Legislative Council's repair experience with its notebook-style computers. One hundred fifty computers were acquired so each legislator is able to receive a computer and identical computers are available for testing and providing help service when legislators have computer-related problems.

The Gateway computers not needed in other areas of the legislative branch were transferred to the Surplus Property Division for transfer to state agencies, political subdivisions, and nonprofit organizations eligible to receive federal surplus property under NDCC Section 54-44-04.6, relating to state surplus property.

E-Mail File Quotas

In May 2002 the Information Technology Department established an e-mail file quota of 50 MB for each state official and employee. The quota applies to a legislator's e-mail with respect to inbox, drafts, e-mail sent, attachments, and graphics, and also includes the legislator's calendar of meetings, appointments, events, anniversaries, reminders, and to do lists. For illustrative purposes, 50 MB is equivalent to 11,370 sheets of paper with two single-spaced paragraphs filling approximately one-half the page. As of October 4, 2002, 21 legislators exceeded the 50-MB quota.

The committee received information indicating quotas were established to address a number of concerns, including security, system performance, manageability, system integrity, disaster recovery, and cost. The quotas provide for a staged warning system--at 40 MB a user receives a message that quota capacity is about to be reached and at 50 MB a user receives a message that the quota has been exceeded. A user with over 50 MB cannot send, reply to, or forward mail and a user over 150 MB will not receive mail.

Although the committee discussed whether to add 50 MB to the quota at a cost of $3 per month per legislator, discussion centered on the purpose of file quotas and the need for proper e-mail management. The committee was concerned, however, over whether the 50-MB quota would be sufficient during a legislative session, when e-mail volume to legislators substantially increases.

The committee recommends that the 50-MB e-mail file quota applicable to state officers and employees be applicable to legislators. The committee also recommends that the Legislative Council staff seek arrangements with the Information Technology Department for additional megabytes or an unlimited quota for the period beginning December before a legislative session and ending May 31 after the legislative session has adjourned.

Personal Computer Usage Fee

During the 1995-96 interim, the Legislative Management Committee developed a policy on use of personal computers by legislators. The policy describes statutory restrictions on use of personal computers, governs use of privately owned personal computers to access legislative information systems, and governs use of state-owned personal computers.

During the 1997-98 interim, the committee revised the policy to recognize the personal use option allowed legislators under NDCC Section 54-03-26, which was enacted in 1997. Under the revised policy, a legislator using a computer under the personal use option: (1) cannot use the computer for any political purpose prohibited by Section 16.1-10-02; (2) must recognize that sufficient capacity needs to remain on the computer for software necessary to access North Dakota's legislative information system; (3) must recognize that legislative software cannot be removed and capacity must remain for upgrades to that software; (4) must recognize that any personal use not require additional memory or disk space; (5) must recognize that the legislator is responsible for the cost of installing and maintaining nonlegislative software; (6) must recognize that the Legislative Council staff is not responsible for installing or supporting nonlegislative software; (7) must recognize that the legislator may be responsible for paying costs in reinstalling legislative software that does not function properly as the result of nonlegislative software; and (8) must recognize that the Legislative Council staff may remove any nonlegislative software in order to properly install or operate legislative software. Under authority of Section 54-03-26, the committee set a monthly fee of $10 as the fee for the personal use option.

When the 50-MB e-mail file quota was established in May 2002, an issue was raised whether payment of the $10 per month entitled a legislator to unlimited e-mail files. During committee discussion of e-mail file quotas, it was pointed out that the personal use option was instituted to encourage legislators to use their computers but not to the point of extensive personal or business use.

The committee recommends that the fee for the personal use option be maintained at $10 per month. The committee makes no recommendation concerning a change in the policy on use of personal computers.

Subscription Fees for Printed Documents

Beginning with the 1989-90 interim, the Legislative Procedure and Arrangements Committee and subsequently the Legislative Management Committee has reviewed the cost of providing various printed documents to persons outside the legislative branch. Subscription fees have been established which, generally, approximate the cost of printing a set of the relevant documents during the previous legislative session, e.g., the cost of printing the documents is divided by the number of sets of documents printed. Representatives of the media as determined under Joint Rule 802 and state agencies and institutions are not charged the fees for copies of bills and resolutions as introduced and printed, daily journals, daily calendars, and committee hearing schedules.

Bill Status Report Subscription

The printed version of the bill status system provides information on the progress of bills and resolutions, the sponsors of measures, and an index to the subject matter of measures. In 1991 the number of printed reports distributed without charge was substantially reduced (state agencies could print their own reports through arrangements with the Information Technology Department rather than receive printed bill status reports from the bill and journal room) and a subscription fee was first established. Eight entities paid a $305 subscription fee (two paid $415 to receive the reports by mail) to receive these reports during the 2001 legislative session. The committee determined that printed bill status reports should continue to be made available through the bill and journal room only to those who subscribe to the 2003 bill status report and pay a $325 subscription fee, $435 if mailed. The committee determined, however, that two copies of the bill status report should be provided to the press room in the State Capitol without payment of subscription fees.

Bills, Resolutions, and Journals Subscriptions

During the 1985-86 interim, the Legislative Procedure and Arrangements Committee adopted the policy that the bill and journal room should mail a small number of bills and resolutions at no charge to a requester. The requester was to pay the postage if the request was for a large number or all of the bills and resolutions introduced. During the 1991-92 interim, the Legislative Management Committee determined that anyone who requests a set of bills, resolutions, or journals should pay a fee to cover the cost of printing a set of bills, resolutions, and journals and the cost of mailing these documents. During the 2001 legislative session, 31 entities paid to pick up a set of bills and resolutions from the bill and journal room and one paid to receive the set by mail; 44 entities paid to pick up a set of bills and resolutions as introduced and as engrossed and two paid to receive a set by mail; 35 entities paid to pick up a set of journals and one paid to receive a set by mail; and 12 entities paid to receive the journal index.

The committee established the following fees with respect to these documents during the 2003 legislative session--$120 for a set of bills and resolutions as introduced and printed or reprinted, $230 if mailed; $280 for a set of bills and resolutions as introduced and printed or reprinted, including a set of all engrossed and reengrossed bills and resolutions, $455 if mailed; and $70 for a set of daily journals of the Senate and House, $170 if mailed. The fee for the journals includes final covers after the legislative session adjourns. The committee established a subscription fee of $30 to receive the index to the Senate and House journals for the 2003 legislative session.

The committee continued the policy that anyone can receive no more than five copies of a limited number of bills and resolutions without charge.

Committee Hearing Schedules and Daily Calendars Subscription

The committee decided to continue the practice of making committee hearing schedules and daily calendars available at no charge. The committee also determined that if a request is received for mailing the daily calendars or committee hearing schedules, the policy followed during the 2001 legislative session should continue, and a fee should be imposed to cover the cost of mailing. During the 2001 legislative session, one entity paid to receive the hearing schedules by mail and no entity paid to receive the calendars by mail. The committee established a subscription fee of $30 for mailing a set of the weekly hearing schedules for Senate and House committees and a subscription fee of $55 for mailing a set of daily calendars of the Senate and House.

Legislative Document Distribution Program

Starting with 30 participating libraries during the 1983 legislative session, the Legislative Assembly provided bills, resolutions, journals, and bill status reports to academic, special, and public libraries throughout the state. Under the program, copies of introduced bills and resolutions, daily journals, and bill status reports were delivered to the libraries by United Parcel Service. The program peaked in 1989 when 51 libraries participated. As the information is now free of charge on the Internet, only three libraries participated in the program in 2001.

The committee approved elimination of the program beginning with the 58th Legislative Assembly.

LEGISLATIVE SPACE USE

Legislative Chambers and Memorial Hall

Since 1981 the Legislative Council has delegated to the committee the responsibility under NDCC Section 54-35-02(8) to control the legislative chambers and any permanent displays in Memorial Hall. In exercising this responsibility, the committee has adopted guidelines for use of the legislative chambers and displays in Memorial Hall.

Under the guidelines, last approved by the committee in January 1996, the first priority for use of the chambers is for the legislative branch. When the Legislative Assembly is not in session, the chambers may be used by other groups or organizations if certain requirements are met. A state agency may use the chambers for official purposes of that agency. Any other group or organization may use the chambers for mock legislative sessions if the group or organization has not employed a registered lobbyist or contracted for independent lobbying services by a registered lobbyist within two years before the request for use. Any use cannot interfere with legislative branch activities; the sponsor of the function must make suitable arrangements with the Office of Management and Budget; the sponsor must assume full responsibility for the care of the chambers; and prior approval must be obtained from the Legislative Management Committee or from the director of the Legislative Council or the director's designee.

During its review of the guidelines, the committee approved requests for use of both chambers by the North Dakota Intercollegiate State Legislature in November and December 2001 and April 2002 and by the North Dakota High School Activities Association State Student Congress in November 2001, November 2002, and October and November 2003; use of the Senate chamber by the Supreme Court for the admission to the bar ceremony in October 2001 and October 2002; and use of the House chamber by the North Dakota 4-H Centennial for a 4-H centennial conversation in January 2002, by the Hugh O'Brian Youth Foundation in June 2002, and by the Silver-Haired Education Association in July and August 2002.

Under the guidelines, any permanent display in Memorial Hall is to be reviewed annually. Since removal of two statues in 1984, Memorial Hall does not contain any permanent display.

Legislative Committee Rooms

Joint Rule 803 provides that during a legislative session committee rooms may be used only for functions and activities of the legislative branch, but the Secretary of the Senate or the Chief Clerk of the House may grant a state agency permission to use a room at times and under conditions not interfering with the use of the room by the legislative branch. With respect to use during the interim, NDCC Section 48-08-04 applies and provides that committee rooms may not be used without authorization of the Legislative Council or its designee.

The Legislative Council adopted the policy governing approval of use of committee rooms in 1998 and revised the policy in 2000. The policy is similar to that governing use of the chambers. The policy also applies to proper use of the press studio on the ground floor of the legislative wing whether during the session or during the interim--the press studio may not be used during a legislative session by anyone other than a legislator and may not be used during other periods by anyone other than a legislator or an elected state official except as authorized by the director of the Legislative Council or the director's designee. The committee makes no recommendation with respect to revisions to the policy.

TELEPHONE USAGE GUIDELINES

Under NDCC Section 54-06-26, a state official or employee may use a state telephone to receive or place a local call for essential personal purposes to the extent that use does not interfere with the functions of the official's or employee's agency. When a state official or employee is away from the official's or employee's residence for official state business and long-distance tolls would apply to a call to the city of residence, the official or employee is entitled to make at least one long-distance call per day at state expense. A state agency may establish guidelines defining reasonable and appropriate use of state telephones for essential personal purposes.

The committee makes no recommendation for guidelines defining reasonable and appropriate use of state telephones for essential personal purposes.

CONTRACTS FOR PRINTING LEGISLATIVE DOCUMENTS

Background

Under NDCC Section 46-02-04, the Legislative Council is authorized to determine the contents of contracts for printing legislative bills, resolutions, and journals. The State Purchasing Division prepares the requests for bids for the printing of these items in accordance with the requirements set by the committee.

Contract Contents

The committee determined that the consolidated contract for printing bills and resolutions, for printing daily journals, and for providing bill and journal room services should not be continued for the 58th Legislative Assembly. A consolidated contract was first entered for the 55th Legislative Assembly (1997) under the assumption that economies would be obtained as the result of a single contractor printing bills, resolutions, and journals and operating the bill and journal room. The committee determined that operating the bill and journal room should be separated from printing responsibilities to give the opportunity for entities to bid for printing without having to operate a distribution center and for entities to bid without having to provide printing capabilities. The specifics relating to operation of the bill and journal room are described under SESSION ARRANGEMENTS, Bill and Journal Room Services.

With respect to the contract for printing bills, resolutions, and journals for the 58th Legislative Assembly, the committee reduced the number of introduced bills and resolutions printed from 500 to 350, increased the number of engrossed bills and resolutions printed from 100 to 200, and eliminated the requirement of a $75,000 performance bond or a $15,000 escrow account. The changes in the number of printed bills and resolutions were suggested by bill and journal room personnel. The elimination of the performance bond or escrow account requirement was suggested by Central Services Division personnel. Reasons for elimination of the surety requirement were that no performance bond has been forfeited in over 30 years, only one other state agency has a similar requirement, and payment for printing is after the fact so any nonperformance would not result in a loss of money.

Only one firm--Quality Printing Service, Bismarck--submitted a bid. The committee accepted the bid by Quality Printing Service for printing bills, resolutions, and journals on recycled paper.

LEGISLATIVE WING RENOVATION PROJECTS

Legislative Council Space

The third floor of the Legislative Council area was the top floor of what formerly was the Supreme Court library. The space provided for only one office and an open area and storage room which housed four information technology employees and two information technology consultants as well as network servers and personal computers in the process of being maintained or salvaged. The committee approved the use of legislative carryover funds to renovate the area to provide separate offices, individually controlled air-conditioning and heating, better lighting, more network connections and wiring, and more efficient storage space.

Public Notebook Access in State Capitol

The committee reviewed a request that the Legislative Assembly provide an area with telephone hookups and tables so that lobbyists and members of the public could connect their notebook computers to their Internet service providers or private networks. The committee reviewed alternate locations in which to provide a small workspace and telephone hookups. Each hookup would require payment of a telephone access charge by the legislative branch. Areas under consideration included the existing telephone connections and carrels in the first floor legislative study (to the west of the Senate chamber), the west end of Memorial Hall just to the east of the windows, either side of Memorial Hall, and the east portion of the public coatroom on the ground floor to the south of the bill and journal room.

The committee discovered that the Information Technology Department has installed wireless access points throughout the Capitol. Any person having a notebook computer with the appropriate wireless card can obtain a network name and a password from the department, access the wireless network, and connect with a private Internet service provider or network from anywhere in the Capitol.

The committee recommends that anyone who desires access to a private service provider or network for a notebook computer install a wireless card and make network access arrangements with the Information Technology Department. This service is available to anyone, and the Legislative Assembly would not incur additional telephone access charges for providing telephone connections.

SESSION ARRANGEMENTS

Reimbursement for Attending Council Meeting

As the result of a recommendation of the Legislative Management Committee in 1996, newly elected members of the Legislative Assembly were reimbursed expenses for attending the final Legislative Council meeting in November. This was viewed as a method of encouraging new members to meet with legislators and allowing caucuses to meet and to elect their leaders on the eve of the Legislative Council meeting in November. Although the caucuses may have different policies regarding whether to take advantage of the early election procedure, the committee determined that it is important for new members to become acquainted with issues to be considered by the Legislative Assembly and attendance at the Legislative Council meeting would be invaluable for acquiring this knowledge.

The committee recommends new members be reimbursed expenses for attending the final Legislative Council meeting in November.

Legislators' Supplies

Stationery

The committee discussed the effect e-mail has had on reducing the volume of letter correspondence by legislators. As a means to reduce costs, the committee requested bid prices for providing 250 sheets of stationery and 250 envelopes to legislators rather than 500 sheets and envelopes. The committee approved the policy that each legislator be given the option of receiving 500 sheets (one ream) of regular stationery and 500 envelopes or 250 sheets and 250 envelopes or receiving no stationery or envelopes; that the Speaker, each leader, and each assistant leader also receive 500 sheets of Monarch stationery (with 500 envelopes); and that the leaders receive as much regular stationery (and envelopes) as needed, and other legislators can request an additional ream of stationery and 500 envelopes. The committee approved use of laser print paper, similar to that used during the 2001 legislative session, for stationery due to its design for laser printers.

Carrying Cases

The committee approved continuation of the policy, first established in 1984, of providing a carrying case to each legislator on request. The committee selected a canvas-type carrying case instead of the leather-type carrying case that has been provided in the past.

Capitol Access Key Cards

During the 1999 legislative session, a legislator could receive a photo identification card from the Office of Management and Budget to assist in properly identifying legislators who desire access to the Capitol after hours. Since October 1999, the Capitol has operated under a security key card system. Access to the Capitol on weekdays before 7:00 a.m. or after 5:30 p.m. or on weekends requires use of a security key card to present near a reader that unlocks the door and records use of the key. Each card is coded, and a computerized record is kept of use. During the 2001 session, every legislator received a security key card for access to the Capitol. The leaders' cards were effective throughout the year and the cards of other members were effective during the legislative session.

During the interim, many legislators conducted business in the Capitol and needed to "card out" after 5:30 p.m. As a result, all legislators' cards were made effective throughout the year.

Legislators' Expense Reimbursement Policies

Section 26 of Article XI of the Constitution of North Dakota provides that payment for necessary expenses of legislators may not exceed that allowed for other state employees. Legislators receive up to $650 per month as reimbursement for lodging. The policy followed for the 57th Legislative Assembly was to allow these items as reimbursable lodging expenses during a legislative session: electricity and heat, water (including garbage collection and sewer charges), basic telephone service, telephone installation charges, rental of furniture and appliances, and transit charges for moving rental furniture and appliances. The committee recommends the legislative expense reimbursement policy for the 58th Legislative Assembly be the same as that followed for the 57th Legislative Assembly.

The committee discussed reimbursement of lodging expenses incurred by legislators in light of a policy adopted by the Office of Management and Budget which provides that receipts for lodging must be from bona fide lodging establishments, which do not include relatives. This policy affects two areas for which legislators are reimbursed--during a legislative session many legislators rent private homes in the Bismarck-Mandan area and during the interim a few legislators are reimbursed for lodging receipts submitted by individuals or relatives with whom the legislators stay during committee meetings.

The committee recommends that traditional policies for reimbursement with respect to lodging receipts and travel for legislators be continued.

Legislators' Computer Training

The committee approved the agenda for providing computer training to legislators before the convening of the 58th Legislative Assembly and authorized the Legislative Council staff to conduct training sessions for legislators. The training focuses on two areas--general computer training and LAWS system training.

New legislators are scheduled for one day (seven hours) of training in the use of personal computers. This training includes the signout of computers, review of the policies governing use of computers, and general introduction to the software packages on the computers. The training for new legislators is on Thursday and Friday, December 5-6, the days immediately following the organizational session.

During the organizational session, returning legislators can take 90-minute, concurrent miniclasses on Notes e-mail, Internet, and Word Pro Millennium, similar to the miniclasses provided during the 2000 organizational session. The miniclasses are scheduled for Monday morning, Tuesday morning and afternoon, and Wednesday afternoon.

Legislators can receive LAWS system training in three-hour blocks, either in the morning or afternoon, on Friday, January 3, or Monday, January 6, in the Brynhild Haugland Room. During legislative sessions, legislators can request individualized training at their desks in the chambers and can receive individual on-line learning through Internet classes.

Legislators' Photographs

The committee approved the invitation to bid for photography services to the 58th Legislative Assembly. With respect to the House, the proposal provided for two color pictures of two poses of 97 individuals; color touchup of the final pose; one composite color picture 50 by 60 inches, proofed, framed, and ready to hang; and 97 copies of the composite picture 11 by 14 inches in size. With respect to the Senate, the proposal provided for two color pictures of two poses of 51 individuals; color touchup of the final pose; one composite color picture 30 by 40 inches, proofed, framed, and ready to hang; and 51 copies of the composite picture 11 by 14 inches in size. The committee continued the option for oak frames for the small composite, available for purchase by individual legislators. The photographs of legislators are to be taken during the organizational session in 2002, and the photographs of the six elected legislative officers are to be taken during the first week of the regular session. For the large composite pictures, the Legislative Council provides the frames from previous Legislative Assembly pictures. The large composites of the previous Legislative Assembly are transferred to the State Historical Society and are placed in the state archives. The photographer is to provide the digital image of the pose selected by the photographer to the Legislative Council by Friday, December 20, 2002, for use in updating the legislative branch web site, and provide the digital image of the final pose to the Legislative Council by Friday, February 7, 2003.

Two firms submitted bids ranging from $3,700 to $4,495. The committee awarded the contract to the lowest bidder--Anderson Photography, Crosby--the firm that was also the photographer for the 54th through 57th Legislative Assemblies.

Journal Distribution Policy

The committee recommends a policy that a legislator may have daily journals sent, without charge, to any person upon approval of that legislator's leader. Because journals are available on the legislative branch web page, legislators providing journals will be requested to ask the person to whom journals are to be sent whether that person has Internet access. The intent is to encourage those persons with Internet access to use that access, which reduces labor and postage costs.

Television Coverage

During the 1989 legislative session, Bismarck-Mandan Cable TV engineered and delivered a live and tape-delayed evening presentation of the North Dakota Senate. A camera was positioned on alternating sides of the gallery, and viewers were given the opportunity to observe the legislative process. During the 1991 and 1993 legislative sessions, Bismarck-Mandan Cable TV, through Community Access Television (a nonprofit corporation responsible for programming the public access channel of Bismarck-Mandan Cable TV), provided television coverage of the Senate and House of Representatives on alternating weeks. During the 1995 legislative session, Meredith Cable (formerly Bismarck-Mandan Cable TV) and Community Access Television provided similar coverage and also distributed nine copies of tapes of the floor sessions to the nine largest cities in the state for rebroadcast by local cable companies on the next day. During the 1997 and 1999 legislative sessions, Dakota Cable Communications (formerly Meredith Cable) and Community Access Television provided coverage of the Senate and House on alternating weeks. Because of funding limitations, no tapes were made for rebroadcast by local cable companies around the state. When the House met in morning session and the Senate met in afternoon session, both sessions were televised. During the 2001 legislative session, Community Access Television provided coverage of the Senate and House on alternating weeks. In addition, Community Access Television provided the video signal to the North Dakota Interactive Video Network and the Information Technology Department. These entities combined the video signal from Community Access Television with the House and Senate audio feed and provided live video/audio streaming of the floor sessions on the Interactive Video Network and the Internet.

During committee discussion of television coverage of the Legislative Assembly, Community Access Television urged consideration of installation of small cameras operated remotely by a single control room operator for broadcasting the floor sessions as well as other functions in the legislative wing.

The committee authorized Community Access Television to continue to provide coverage of the 58th Legislative Assembly under an arrangement similar to that provided during the 2001 legislative session and authorized web streaming through technology provided by the North Dakota Interactive Video Network and the Information Technology Department, at the expense of those parties.

Incoming WATSLine Service

Beginning with the 1985 legislative session, four incoming WATS lines were provided for residents in the state to contact legislators or obtain information concerning legislative proposals. Beginning with the 1989 legislative session, six incoming WATS lines have been provided.

Even if all telephone lines are in use, callers do not receive a "busy" signal. If all lines are in use or the call is made after regular business hours, a caller is given two options--one for staying on the line (if the call is during regular business hours) and one for leaving a message for legislators from the caller's district. This message feature is available 24 hours a day, 7 days a week during regular legislative sessions. During the 2001 legislative session, 1,375 voice mail messages were left for legislators.

The telephone service also includes interactive voice response applications. One application provides bill status and committee hearing information after the caller keys the bill number. Another application separates the caller's information so it is easier for the caller to leave all the required information, e.g., rather than a single statement requesting the caller to provide name, address, telephone number, e-mail address, and message, a separate statement asks for each item individually, with time to respond before the next request.

The committee recommends continuation of the telephone message service on the same basis for the 58th Legislative Assembly as provided for the 57th Legislative Assembly. The WATS number will continue to be 1-888-ND-LEGIS (1-888-635-3447).

Session Employment Coordinators

The committee approved the hiring of personnel representing the two major political parties to receive and coordinate the handling of applications for legislative session employment.

Session Employee Orientation and Training

The committee approved the agenda for orientation and training of legislative session employees immediately before the convening of the 58th Legislative Assembly and authorized the Legislative Council staff to conduct training sessions for various session employees.

The training is similar to that provided before the 2001 legislative session, with particular emphasis on providing training to the bill clerk as a backup for the assistant chief clerk of the House or assistant secretary of the Senate, the journal reporter, or the calendar clerk. The length of training depends on the extent an employee uses computers and ranges from two hours for the information desk attendant to two weeks for a new journal reporter.

The committee recommends that session employees be hired to begin work at various times before the convening of the Legislative Assembly, depending on the nature of an employee's duties and the training required of the employee. The starting dates range from November 25, 2002, to January 2, 2003, depending on the position.

Session Employee Positions

The committee reviewed the number of employee positions during the 1995, 1997, 1999, and 2001 legislative sessions, the impact computerization has had on both houses, the potential impact of increased use of technology in providing legislative information, and the impact resulting from creating a generic "legislative assistant" position in 1997 to allow easy transfer of an employee from one job function to another as necessary.

The committee reviewed a legislative session employee position plan that provided for the same number of positions in the Senate and House during the 2003 legislative session as authorized or filled during the 2001 legislative session. The plan continued the rotation of four positions between the Senate and House--payroll clerk, parking lot attendant, supply room coordinator, and information desk attendant. For the Senate, the plan provided for the payroll clerk (who is a Senate rather than House employee during the 2003 legislative session), the parking lot attendant (who is a Senate rather than House employee during the 2003 legislative session), no supply room coordinator (who is a House rather than Senate employee during the 2003 legislative session), and no information desk attendant (who is a House rather than Senate employee during the 2003 legislative session). For the House, the plan provided for no payroll clerk, no parking lot attendant, the supply room coordinator, and the information desk attendant. In addition, the plan continued the additional legislative assistant (page and bill book clerk) position filled by the House in 2001. In total, the plan provided for 34 Senate employee positions and 40 House employee positions.

The committee recommends that the Employment Committees provide for 34 Senate employee positions and 40 House employee positions.

The committee also recommends that during the organizational session each majority leader and minority leader be authorized to employ an administrative assistant. This is in recognition of the need for administrative assistance in these offices during the organizational session.

Because of enhancements to the calendar and journal system before the 2001 legislative session, the bill status system was completely automated, and thus the bill clerk would have had little responsibility other than numbering and recording bills when they are introduced. The position was continued, however, with primary focus as a backup position to absent desk force personnel. As a result, the bill control clerk receives computer training in the journal system (to back up the desk reporter), the message system (to back up the assistant chief clerk and assistant secretary of the Senate), and the calendar system (to back up the calendar clerk). After each legislative session, a determination can be made whether adequate workload exists for the number of positions at the front desk and whether adequate backup is provided in case an employee is absent.

Session Employee Compensation

The committee reviewed legislative session employee compensation levels during the 2001 legislative session. In 1999 a general increase of seven percent was provided as well as a skills recognition adjustment ranging from an additional $1 to $11 per day for certain legislative session employees in recognition of supervisory, technical, and communication skills. In 2001 a general increase of five percent, rounded to the nearest dollar, was provided as well as a skills recognition adjustment ranging from an additional $2 to $11 per day for certain legislative session employees in recognition of increased technical ability requirements of their positions as well as increased responsibility for accuracy of legislative session information. The committee recommends a general increase of five percent, rounded to the nearest dollar. This was primarily in recognition of the average pay increases of three percent and two percent approved by the 57th Legislative Assembly for state employees. As a result of this recommendation, compensation would range from $68 to $114 per day ($8.50 to $14.25 per hour based on an eight-hour day). The committee also recommends continuation of the authorization for employees to receive an additional $1 per day for each previous regular session employed, up to an additional $10 per day.

North Dakota Century Code Section 54-03-10 requires the compensation of Legislative Assembly employees to be set by concurrent resolution. The committee recommends that the concurrent resolution establishing employee positions continue the practice of not including specific names or identify specific individuals. This type of resolution was first adopted in 1997 as a means to provide flexibility in the hiring of employee after adoption of the resolution. By designating positions and compensation levels, and not naming employees, an employment committee report that names an employee and designates the position is sufficient to identify that employee, the position, and the compensation level. The committee also recommends that the concurrent resolution continue to refer to the generic position of "legislative assistant" in place of employees formerly classified as assistant sergeant-at-arms, supply room coordinator, desk page, page and bill book clerk, information desk attendant, and parking lot attendant; continue to include provisions authorizing conversion of full-time positions to part-time positions; and continue to authorize the leaders to consolidate staff assistant positions.

Bill and JournalRoom Services

Beginning with the 55th Legislative Assembly (1997), bill and journal room services have been provided under contract. The contract has been combined with the contract for printing bills, resolutions, and journals. Only one entity bid to provide these combined services for the 56th and 57th Legislative Assemblies. For the 56th Legislative Assembly, bill and journal room services were provided at a total cost of $38,840; and for the 57th Legislative Assembly, bill and journal room services were provided at a total cost of $49,750.

The contractor who provided secretarial and telephone message services described efficiencies resulting from moving employees from one area to another during the 2001 legislative session and suggested there could be additional savings if employees could be assigned among three areas--secretarial, telephone message, and bill and journal room. The committee directed that these services would be open to bids under alternate proposals--bill and journal room services; secretarial and telephone message services; and secretarial, telephone message, and bill and journal room services. Details of the secretarial and telephone message service contracts are described under Secretarial and Telephone Message Services.

With respect to bill and journal room services, the invitation to bid called for a basic level of service similar to that provided during the 2001 legislative session. At least one person is to organize and operate the bill and journal room Monday through Friday from December 9, 2002, through January 6, 2003, excluding Christmas Day and New Year's Day; the bill and journal room is to be open between 7:00 a.m. and 5:30 p.m. on days either house is in session; at least one person is to be in the bill and journal room anytime either house is in session after 5:30 p.m.; and documents are to be distributed as soon as possible, according to a schedule in the contract. The contractor is required to provide photocopy and facsimile (fax) services to third parties upon payment of a fee set by the contractor and retained by the contractor. In 2001 the contractor reported receiving $237.16 for providing photocopy services and $30 for providing fax services.

The invitation to bid requested a daily rate for five employees for approximately 75 legislative days, a daily rate for one employee for 18 days before the Legislative Assembly convenes and one day after adjournment, and the pay ranges for employees. Four entities bid to provide bill and journal room services. The bids ranged from $393.75 to $525 per day for 75 legislative days; $78.75 to $150 per day for 19 days; and hourly pay ranged from $6.50 to $10.50.

Secretarial and Telephone Message Services

The Legislative Assembly privatized secretarial services in 1995 rather than provide a joint secretarial pool. In 1993 the joint secretarial pool consisted of the equivalent of 10.5 stenographers and typists and cost $56,629.20. Since 1993, the number of employees as well as the cost of secretarial services has gone down each session. During the 2001 legislative session, Spherion provided four employees for a total cost of $24,975.97. Those employees completed 237 speeches (and made 1,008 copies), 304 press releases (1,012 copies), 36 charts (707 copies), 1,080 letters (1,789 copies), 601 faxes (1,180 copies), 148 mail merges (7,052 copies) and 193 miscellaneous documents (9,430 copies).

The Legislative Assembly privatized the telephone message service in 2001 rather than employ telephone attendants. In 1999 the Legislative Assembly employed a chief telephone attendant, eight telephone attendants, and two telephone pages at a total salary and Social Security cost of $57,169.69. The number of telephone calls using the incoming WATS lines to the message center has gone down every legislative session since 1993, when 62,320 calls were received. During the 2001 legislative session, 14,653 calls were received. The 2001 figure includes 950 voice mail messages during the evening and 425 voice mail messages during the day.

During the 2001 legislative session, telephone message services were provided by Spherion, the same contractor that provided secretarial services. Spherion provided nine telephone message service employees at a cost of $44,963.29. One of the employees was cross-trained and "floated" between the telephone message center and the secretarial service area as workload required. Spherion recommended at least two people be cross-trained to work in either area, pointed out the savings realized by flexible scheduling and workflow management, and suggested bill and journal room services be added to the contract to allow for further savings by having three areas among which employees could be assigned.

The committee determined that telephone message and secretarial services should continue to be provided on a consolidated contract basis. With respect to secretarial services, the invitation to bid continued the base level of service as in 2001--four core employees. With respect to telephone message services, the invitation to bid continued the base level of service as in 2001--nine telephone attendants, with one of the attendants designated as the onsite supervisor.

To ensure proper use of secretarial services, the committee reviewed the Policy Regarding Secretarial Services to Legislators approved by the Legislative Council in November 2000. The policy points out that secretarial service employees are not legislative employees; describes secretarial services as being available between 7:30 a.m. and 5:30 p.m.; provides for 24-hour turnaround of most projects; limits requests for transcripts of committee hearing tapes to the majority leader, as requested by the committee chairman when the committee clerk is unable to prepare minutes due to illness, disability, or absence; limits merge requests to 25 individual addresses unless otherwise approved by the majority leader or minority leader, as appropriate; and provides the procedure for any comment or complaint regarding the service. The policy is included in the legislators' information packets distributed during the organizational session.

As described under Bill and Journal Room Services, bids were solicited for three alternate proposals--bill and journal room services; secretarial and telephone message services; and secretarial, telephone message, and bill and journal room services. The alternates provided for secretarial and telephone message services to be provided between 7:30 a.m. and 5:30 p.m. and bill and journal room services to be provided between 7:00 a.m. and 5:30 p.m. on each legislative day; described how the 2001 contractor billed less than the contract price due to flexible scheduling and workflow management; required designation of an onsite supervisor in each area; and required designation of an account manager or liaison to manage the communication process between the Legislative Council, the specific area involved, and the contractor.

The invitation to bid to provide secretarial and telephone message services requested a daily rate for 13 employees for approximately 75 legislative days and the pay ranges for employees. Three entities bid to provide secretarial and telephone message services. The bids ranged from $1,023.75 to $1,085.76 per day for 75 legislative days; and hourly pay ranged from $6.50 to $8.50. In 2001 secretarial and telephone message services were provided under a contract price of $1,044.40 per day, but the contractor billed at the effective rate of $908.30 per day due to efficiencies resulting from worker management, as explained earlier in this report.

The invitation to bid to provide combined secretarial, telephone message, and bill and journal room services requested a daily rate for 18 employees for approximately 75 legislative days, a daily rate for one employee for 18 days before the Legislative Assembly convenes and one day after adjournment, and the pay ranges for employees. Three entities bid to provide the combined services. The bids in the two categories ranged from $1,417.50 to $1,543.04 per day for 75 legislative days; $78.75 to $98.64 per day for 19 days; and hourly pay ranged from $6.50 to $9.25.

The committee determined that the opportunity for efficiencies in workload management and employee assignment could be even greater than that experienced under the combined secretarial and telephone message services contract in 2001 if one contractor provided all three types of services. The committee recommends accepting the combined bid by Spherion, Bismarck, for providing secretarial, telephone message, and bill and journal room services during the 2003 legislative session.

Legislative Internship Program

Since 1969 the Legislative Assembly has sponsored a legislative internship program in cooperation with the School of Law and graduate school at the University of North Dakota and the graduate school at North Dakota State University. The program has provided the Legislative Assembly with the assistance of law school students and graduate school students for a variety of tasks, especially the preparation of amendments, and has provided the students with a valuable educational experience. Since the beginning of the program each intern has received a stipend as a means of covering the expense of participating in the program. In 2001 the stipend was in the amount of $5,250 ($1,500 per month) for the 3.5-month program.

The American Bar Association conducts accreditation reviews of the Law School every seven years and recently raised the question whether the stipend constituted "compensation" for participating in a program outside the law school for law school credit.

The committee approved continuation of the program for the 58th Legislative Assembly at the same number as authorized in 2001 (12--8 from the School of Law, 2 from the graduate program at the University of North Dakota, and 2 from the graduate program at North Dakota State University), with 10 interns assigned to committees and 2 assigned to the Legislative Council office. The committee also authorized an increase in the stipend to $1,550 per month and authorized the Legislative Council staff to make arrangements with the law school to resolve the compensation issue for law students as necessary to ensure continued accreditation of the law school by the American Bar Association.

Legislative Tour Guide Program

For the past 13 legislative sessions, the Legislative Council has operated a tour guide program that has coordinated tours of the Legislative Assembly by high school groups. The tour guide program is extensively used by high school groups during the legislative session, and other groups have been placed on the tour schedule at their request. Since 1987 two tour guides have been hired each session due to the heavy workload in scheduling tour groups. The committee approved the continuation of the tour guide program for the 2003 legislative session.

Doctor of the Day Program

The committee accepted an offer by the North Dakota Medical Association to continue the doctor of the day program during the 2003 legislative session under the same arrangements as in the past.

Chaplaincy Program

The Bismarck and Mandan ministerial associations have coordinated the scheduling of a chaplain in each house to open the daily session with a prayer. Each chaplain receives a daily stipend of $25. Three associations have alternated as coordinator of the program. The committee authorized the Legislative Council staff to invite the Bismarck and Mandan ministerial associations to continue to schedule chaplains for opening prayers for both houses each day of the 2003 legislative session.

The committee reviewed the procedure in effect since 1985 which gives legislators until the end of December to schedule out-of-town clergy to deliver prayers during the legislative session. The committee authorized the Legislative Council staff to notify all legislators that they have until December 31, 2002, to schedule out-of-town clergy to give the opening prayer any day of the legislative session for their respective house during the 2003 legislative session.

Organizational Session Agenda

The committee approved a tentative agenda for the 2002 organizational session. Two major changes are made to the traditional agenda for the organizational session. After reviewing information on the time needed to update computers for new legislators, assign computers to new legislators, and provide computer training to new legislators, the committee recommended to the Legislative Council that the organizational session be scheduled for Monday through Wednesday rather than Tuesday through Thursday. At its meeting on Tuesday, June 25, 2002, the Legislative Council selected Monday, December 2, as the date for convening the organizational session.

The second major change was the time for convening the organizational session on the first day. The committee determined that convening the session at 1:00 p.m. would allow legislators time to travel to the Capitol on Monday rather than during the evening of the previous day. Basically, the traditional procedural items scheduled in the morning were moved to the afternoon and the orientation sessions for freshman legislators and the computer education classes for veteran legislators were moved to the morning.

The agenda was also modified to reflect events as they occurred in 2000. Time was set aside for caucuses on Monday afternoon. Various presentations were rearranged to reflect the times they were made in 2000. Presentations on affiliated organizations and the impact of the federal Americans with Disabilities Act were removed from the agenda. The training sessions for legislators who have been assigned personal computers were scheduled on tracks parallel to the orientation sessions received by freshman legislators. On the third day, each house is scheduled to convene at 8:30 a.m. rather than 9:00 a.m. so the Governor's budget message can be presented at 10:00 a.m. and the Legislative Assembly can adjourn at 10:40 a.m. This will allow the Budget Section to convene at 11:00 a.m. and complete its work by 5:00 p.m. on Wednesday rather than continue into a second day.

Recommended Bill - Organizational Session Agenda

The committee recommends Senate Bill No. 2051 to amend NDCC Section 54-03.1-03, relating to the agenda of the organizational session. The bill updates that section to recognize that there are interim commissions as well as committees, to recognize the current practices of electing leaders before the organizational session convenes, to recognize that all procedural committees are appointed and that some begin work during the organizational session, to delete the reference to the Senate Committee on Committees because that procedural committee is covered under other language in the section, and to delete the reference to presentation of committee preferences because those preferences are surveyed before the organizational session convenes.

State of the State Address

During the 2001 legislative session, the House and Senate convened in joint session at 1:15 p.m. on the first legislative day. Six escort committees were appointed to escort various officials, former officials, and spouses into the chamber--one for the Lieutenant Governor and his spouse, one for the Chief Justice, one for former Governors and their spouses, one for former Chief Justices and their spouses, one for the United States Congressman from the state, and one for the Governor and his spouse and children. The joint session was called to order at 1:30 p.m. and the Governor presented his state of the state address.

The committee authorized the Legislative Council staff to contact the Governor for presentation of the state of the state address on the first legislative day of the 2003 legislative session.

State of the Judiciary Address

The committee authorized the Legislative Council staff to make plans with the Chief Justice of the North Dakota Supreme Court for the state of the judiciary address to a joint session on the second legislative day of the 2003 legislative session.

Tribal-State Relationship Message

During the 1983-84, 1985-86, and 1987-88 interims, representatives of the Indian tribes in North Dakota requested permission to appear before the Legislative Assembly to describe their perspective of the status of the relationship between the tribes and the state of North Dakota. As a result of invitations extended by the Legislative Procedure and Arrangements Committee and the Legislative Management Committee, a spokesman from the tribes has addressed each house of the Legislative Assembly during the first week of the 1985-2001 legislative sessions.

The committee authorized the Legislative Council staff to extend an invitation to representatives of the Indian tribes to make a presentation to each house of the 58th Legislative Assembly on the third legislative day.

Legislative Compensation Commission Report

The committee requested that the report of the Legislative Compensation Commission be a written report submitted to the presiding officer of each house. The practice of submitting a written report rather than an oral report was started in 1993.

Agricultural Commodity Promotion Groups Report

The committee reviewed NDCC Section 4-24-10, which requires 13 agricultural commodity promotion groups to file a uniform report at a public hearing before the standing Agriculture Committee of each house. The report must be filed between the 1st and 10th legislative days of the regular legislative session. The committee designated the second legislative day the Agriculture Committees meet--Friday, January 10, 2003--as the day for a joint hearing by the Senate and House Agriculture Committees to receive this report.

Commissioner of Commerce Report

The committee reviewed NDCC Section 54-60-03, which requires the Commissioner of Commerce to report between the 1st and 10th legislative day of the regular legislative session to a standing committee of each house as determined by the Legislative Council. The report is to be with respect to the department's goals, objectives, and activities. The committee determined the reports should be made to the Industry, Business and Labor Committees on the second legislative day those committees meet--Monday, January 13, 2003.

Labor Commissioner Report

The committee reviewed 2001 Session Laws, Chapter 145, Section 15, which requires the Labor Commissioner to report between the 1st and 10th legislative day to a standing committee of each house of the 58th Legislative Assembly. The report is to be with respect to the nature, number, status, and disposition of complaints received by the Labor Department under the Human Rights Act and the Housing Discrimination Act. The committee determined the report should be made to the Judiciary Committees on the second day those committees meet--Monday, January 13, 2003.

LEGISLATIVE ETHICS COMMITTEE

North Dakota Century Code Section 54-35-02.8 requires the Legislative Council to appoint an ethics committee to consider or prepare a legislative code of ethics. Since 1995 the Legislative Council has appointed the Legislative Management Committee as the Legislative Ethics Committee.

During the 1995-96 interim, the Legislative Management Committee reviewed North Dakota laws affecting legislative ethics. That committee recommended legislative rules declaring a legislative ethics policy, urging members to maintain ethical standards and recognize the importance of standards contained in the rules, urging members to apprise themselves of constitutional provisions and statutes that prohibit conduct for which criminal penalties may apply, and requiring the Legislative Council to conduct classes on legislative ethics and laws governing the activities and conduct of public officials. The Legislative Assembly adopted those rules as Joint Rules 1001 through 1004.

The committee makes no recommendation regarding changes to the legislative code of ethics.

MISCELLANEOUS MATTERS

Legislator Pay Periods

The committee received information about the ConnectND project, which is a statewide accounting, human resource, and payroll project under development for state agencies, including the University System. Of special importance to legislators is the effect of the project's goal of having state government and the University System use the same payroll system. North Dakota Century Code Section 54-03-20 provides legislators the option of receiving their $250 per month compensation either payable every six months or monthly. The committee was assured that the ConnectND project will not affect the legislators' option of being paid every six months rather than monthly.

Meeting With Legislative Compensation Commission

The committee met with members of the Legislative Compensation Commission to discuss legislative compensation. The commission is not making any recommendation with respect to changing legislators' compensation.

North Dakota Century Code Publication

During the 1999-2000 interim, the Legislative Management Committee reviewed the arrangement with LEXIS Law Publishing for publication of the North Dakota Century Code. The review was in response to an inquiry from West Group (a publisher of state statutes). In 1959 the state contracted with The Allen Smith Company to publish the North Dakota Century Code. Since then, The Michie Company (now a member of the LexisNexis Group, a division of Reed Elsevier, Inc.) acquired The Allen Smith Company; the state contracted with LexisNexis in 1991 for electronic use of the Century Code; and the state contracted with LexisNexis in 1994 to publish the code in CD-ROM format.

In 2000 the Legislative Management Committee requested the Legislative Council staff to begin the process of preparing a request for proposals for publication of the North Dakota Century Code. The request recognized that this process would extend through the 2001-03 biennium due to the substantial amount of time required to prepare specifications containing all items necessary for an annotated code product, the countervailing constraints on available time due to the 2001 regular and special legislative sessions, and the current arrangements for publication of the 2001 pocket supplements and replacement volumes.

The committee received information that the current arrangement with the publisher provides total flexibility because there is no definite term during which changes cannot be made. Any new contract with a definite term could result in a lack of flexibility, especially with the changes in publishing which are resulting from technology and the Internet. The state subscribes to 700 sets of the code and the estimated cost of the 2003-04 subscription service is $280,000. In 2002 the publisher proposed a 25 percent discount for state subscriptions to the North Dakota Century Code. The committee determined that the offer of LexisNexis to provide a discount for state purchases of North Dakota Century Code subscriptions should be accepted, effectively continuing the current contract.

Business Continuity Plan

The committee received information on the Governor's directive to state agencies to prepare business continuity and disaster recovery plans. Of concern to the committee was whether the process adequately ensured that planning efforts of the Governor, Office of Management and Budget, and legislative branch would complement one another.

The Legislative Council staff was authorized to develop a disaster recovery plan in coordination with appropriate state agencies on behalf of the Legislative Council and the Legislative Assembly.

State Capitol Security Arrangements

The committee received information on Capitol security arrangements. The carport tunnel at the south entrance has been closed to vehicular traffic; access to certain entrances requires security key cards; all parcel deliveries to the Capitol are directed to one entrance; all deliverymen must sign a login sheet; vendors and contractors must have photo IDs and must log in when entering the complex; agencies open mail in secured areas before distribution; and hours the building is open to the public have been adjusted to 7:00 a.m. to 5:30 p.m.

The committee recommends that the appropriate session employees be informed of the special awareness needed for opening and distributing mail legislators receive during legislative sessions.

The committee authorized the installation of videocameras on the legislative information kiosk in Memorial Hall to provide video coverage of Memorial Hall.

State Capitol Risk Management

The committee received information on tort claims and lawsuits filed against the state and state employees, especially with respect to operation of the Capitol complex. Between April 22, 1995, and December 31, 2001, the risk management fund has paid $4,171 with respect to slips and falls inside the building; $1,510 with respect to state equipment throwing debris or striking parked vehicles; and $607 with respect to slips and falls on the sidewalks and parking lots. Of those claims, $3,604 in claims was paid to an individual who missed a step in the Senate balcony and fell backwards and was injured.

Health Insurance Mandates Procedure

The Budget Committee on Health Care was assigned the responsibility under NDCC Section 54-03-28 to contract with an entity to provide a cost-benefit analysis of every legislative measure mandating health insurance coverage of services or payment for specified providers of services, or an amendment that mandates such coverage or payment. As a result of reviewing the requirements for a cost-benefit analysis, that committee recommended that the Legislative Management Committee consider amendments to Senate and House Rules 402 to designate the fifth legislative day as the deadline for introducing a bill mandating health insurance coverage of services or payment for specified providers of services. The earlier deadline for introducing such a bill was intended to provide sufficient time to request and receive a cost-benefit analysis.

The committee determined that the Legislative Assembly should gain experience on the interplay between normal introduction deadlines and the time required to prepare cost-benefit analyses before further restricting a legislator's ability to introduce legislation. Thus, the committee does not recommend amendments to Senate and House Rules 402 to designate the fifth legislative day as the deadline for introducing a bill mandating health insurance coverage of services or payment for specified providers of services.

The committee considered a bill draft that would have replaced the requirement that the standing committee make the determination of whether a bill mandates coverage and then request a cost-benefit analysis prepared by an entity under contract with the Legislative Council and paid by the Insurance Commissioner with a requirement that the Insurance Commissioner review introduced bills and make the determination of which bills should be accompanied by cost-benefit analyses prepared by a private entity under contract with the commissioner. The proposed procedure is similar to the procedure provided by NDCC Section 54-03-25, which requires the Workers Compensation Bureau to review measures affecting workers' compensation benefits or premium rates. The Insurance Commissioner opposed the bill draft because the commissioner would have become involved in the legislative process. The committee determined that the Legislative Assembly should retain its responsibility in determining whether a measure imposes a mandate. The committee makes no recommendation with respect to the proposed bill draft.

Secretary of State's Certification of Members

The Secretary of State expressed concern over the difference between the actual practice followed in certifying members entitled to serve in the Legislative Assembly and the procedure provided by NDCC Section 54-03-03, which provides that the Secretary of the Senate and the Chief Clerk of the House of Representatives are to file certificates of members of their respective houses who have been issued certification of election. The committee suggested the Secretary of State address this issue during the 2003 legislative session by preparing and prefiling a bill under the agency bill introduction privilege.

SPECIAL SESSION ARRANGEMENTS

The committee reviewed three areas of consideration for the special session--legislative rules, session employees, and miscellaneous matters.

The committee submitted this portion of the report to the Legislative Council on November 6, 2001. The Council accepted the report for submission to the 57th Legislative Assembly, which met in special session November 26-30, 2001.

Legislative Rules

The committee reviewed the legislative rules amendments adopted during the 1991 special session, which was called primarily for legislative redistricting purposes. The amendments primarily addressed the introduction of measures, length of time to consider a measure after it is reported from committee, length of time to reconsider a measure, and special committees during the special session. The committee's recommendations are substantively similar to those rules amendments adopted during the 1991 special session.

The committee recommends amendment of Senate and House Rules 401(1), 402(1) and (2), and 403, and Joint Rule 208 to provide that bills and resolutions, other that bills and resolutions introduced by the Legislative Council, must be introduced through the Delayed Bills Committee of the house of introduction. The requirement for approval by the Delayed Bills Committee is intended to limit introduction of measures to those measures of significant importance for consideration during the special session. The special session is primarily to address legislative redistricting. By requiring measures to be introduced through the Delayed Bills Committees, bills and resolutions would be screened to assure promotion of this objective.

The committee recommends amendment of Senate and House Rules 318(4), 337, and 601, and Joint Rule 207 to authorize a measure to be considered on the same day it is reported from committee or placed on the consent calendar. Thus, the normal time frame for consideration of a measure is shortened from the day after a measure is reported from committee or placed on the consent calendar.

The committee recommends amendment of Senate and House Rules 346 to authorize a measure to be transmitted to the other house immediately after approval unless a member gives notice of intention to reconsider. If notice is given, the measure cannot be transmitted until the end of that day. Without this amendment, the normal procedure would be to retain the measure until the end of the next legislative day.

The committee recommends amendment of Joint Rule 202 to allow either house to reconsider receding before a conference is called. Without the amendment, reconsideration could not be made until the next legislative day.

The committee recommends amendment of Joint Rule 501(4) to require the return of a fiscal note within one day of the request instead of five days. This recommendation recognizes the shortened time frames for considering bills and resolutions during the special session.

The committee recommends creation of Joint Rules 303 and 304 to establish a joint legislative redistricting committee and a joint technical corrections committee. The joint legislative redistricting committee would be responsible for all bills and resolutions relating to redistricting. The joint technical corrections committee would be responsible for all other bills and resolutions relating to statutory or constitutional revision.

The committee recommends amendment of Senate and House Rules 504 to eliminate specific meeting days for committees. Although meetings may be called at times and on days as deemed necessary, the specific listing of days that three-day and two-day committees may meet could cause misconceptions if such committees met on other than regularly scheduled days.

Session Employees

The committee reviewed the employee positions filled during the 1991 special session--17 Senate positions and 18 House positions. The committee was especially cognizant of the reduction in employee positions and numbers since 1991 due to computerization of the chambers and the legislative process. The committee recommends that the Senate Employment Committee employ not more than 10 Senate employees and the House Employment Committee employ not more than 11 House employees for the 2001 special session, with the positions left to the discretion of the employment committees. The employees and their positions can be designated by reports of the respective employment committees during the special session. The rates of pay for employees during the special session would be the compensation levels established by 2001 Senate Concurrent Resolution No. 4007, unless compensation is changed through concurrent resolution introduced during the special session.

Miscellaneous Matters

The committee recognizes the nature of a special session for redistricting purposes would be limited in scope. As such, many services or items normally available during a regular session would not be feasible or economical during the special session. During the 2001 regular session, the telephone message, secretarial, and bill and journal room services were provided by private contractors (these services were not provided during the 1991 special session). During the 2001 special session, constituents can contact their legislators through regular channels or by e-mail directly to a legislator's notebook computer, legislators can contact their constituents through regular channels or by telephone or e-mail, and copies of measures introduced will be available from the counters in front of the bill and journal room and at the information kiosk and from the Legislative Branch web site. The LAWS system will not be available during the special session primarily because the legislators' replacement personal computers have a Windows 2000 operating system and the LAWS system upgrade to work with Windows 2000 will not be finished before mid-2002. Legislative information will be available in printed format and through the legislative branch web site.

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