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 2005 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 46-02-05 to determine the contents of contracts for the printing of legislative bills, resolutions, and journals; and (5) the responsibility to administer the appropriation for the purpose of upgrading the sound systems in the House and Senate chambers. The Legislative Council assigned to the committee the responsibility under Section 54-60-03 to determine which standing committees will receive a report from the Commissioner of Commerce and the responsibility to determine when agricultural commodity promotion groups must report to the standing Agriculture Committees under Section 4-24-10. The Legislative Council also assigned to the committee the responsibility to administer the appropriation for upgrading the sound systems in the Senate and House chambers under 2003 Session Laws, Chapter 36, Section 31.
Committee members were Senators Bob Stenehjem (Chairman), Randel Christmann, Michael A. Every, David P. O'Connell, and Herb Urlacher and Representatives Rick Berg, LeRoy G. Bernstein, Merle Boucher, Eliot Glassheim, and David Monson. Representative Janet Wentz was a member of the committee until her death on September 15, 2003.
The committee submitted this report to the Legislative Council at the biennial meeting of the Council in November 2004. The Council accepted the report for submission to the 59th Legislative Assembly.
LEGISLATIVE RULES
The committee continued its tradition of reviewing and updating legislative rules. After the 2003 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.
Officer and Employee Positions
Senate and House Rules 206 require recorded roll call votes for election of the Secretary of the Senate or Chief Clerk of the House, journal reporter, and sergeant-at-arms. The current procedure is to suspend these rules because these positions are filled during the first day of the organizational session, before the voting systems are loaded with names, and manual roll call votes would be required.
The committee recommends amendment of Senate and House Rules 206 to provide for results of the vote, rather than the vote, for election of the Secretary of the Senate or Chief Clerk of the House, journal reporter, and sergeant-at-arms to be printed in the Senate or House journal. Adoption of this rules change would eliminate the need to suspend the rules.
Vote on Behalf of Members
Senate and House Rules 321 provide that every member who is present is to vote on the question unless excused. A question has arisen as to the practice of voting for a member who is in the chamber but not at the member's desk.
The committee recommends amendment of Senate and House Rules 321 to authorize a member to cast a vote on behalf of a member who has announced verbal instructions while in the chamber. Under Senate and House Rules 102, a member must be physically present in the chamber to vote.
Prefiling Procedure
Senate and House Rules 401(3) describe the procedure for prefiling of bills and resolutions. The rules describe a procedure that provides for the Legislative Council to deliver those bills and resolutions to the President of the Senate or the Speaker of the House and their assigning the bills and resolutions to committee and arranging for notice of hearing. In practice, bills and resolutions are prefiled with the Legislative Council and the director of the Legislative Council consults with the majority leaders who determine appropriate committee assignments.
The committee recommends amendment of Senate and House Rules 401(3) to provide for the Legislative Council to identify the sponsoring committee as assigned by the majority leaders and then to deliver those bills and resolutions to the Secretary of the Senate or Chief Clerk of the House.
Consent Calendar
Joint Rule 206 provides that bills or resolutions receiving unanimous do pass recommendations may be placed on the consent calendar upon committee recommendation. During the 2003 legislative session at least two concurrent resolutions that received do not pass recommendations were placed on the consent calendar.
The committee recommends amendment of Joint Rule 206 to provide that a bill or resolution that receives a unanimous do not pass recommendation may be placed on the consent calendar upon recommendation of the committee. With this rules amendment, a bill or resolution receiving a unanimous do not pass recommendation may be treated the same as a bill or resolution receiving a unanimous do pass recommendation with respect to placement on the consent calendar.
Prefiling of Appropriation Bills
Joint Rule 208 provides that bills implementing the Governor's budget are to be filed the day after the organizational session adjourns. North Dakota Century Code Section 54-44.1-07, as amended in 2003, provides that appropriation bills must be submitted to the Legislative Council within seven days after the adjournment of the organizational session.
The committee recommends amendment of Joint Rule 208 to provide for the filing of bills implementing the Governor's budget with the Legislative Council within seven days after adjournment of the organizational session, as required by NDCC Section 54-44.1-07.
Numbers of Copies of Printed Bills and Resolutions
Joint Rule 603(2) provides for copies of engrossed bills and resolutions to be printed on request of the Secretary of the Senate or Chief Clerk of the House. Since 2001, copies of engrossed bills and resolutions are printed automatically without involvement of the Secretary of the Senate or the Chief Clerk of the House. The Legislative Council determines the number of copies of engrossed bills and resolutions under Joint Rule 603(2). Since the change in Joint Rule 603(2) to provide for the Legislative Council to determine the number of engrossed bills to be printed, the Secretary of the Senate and Chief Clerk of the House become involved in requesting the printing of engrossed bills only in the rare instance when a bill originating in the other house is engrossed in the second house.
The committee recommends amendment of Joint Rule 603(2) to provide that the number of bills to be printed when requested by the Secretary of the Senate or Chief Clerk of the House is determined by the Legislative Council.
Legislative Ethics Statement
Joint Rule 1001(3) contains a reference to two-year terms of members of the Legislative Assembly. This language relates back to when members of the House were elected to two-year terms.
The committee recommends amendment of Joint Rule 1001(3) to eliminate the reference to two-year terms of members of the Legislative Assembly.
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 329 and 510 that would have required the Appropriations Committees to recommend rereferral of a measure to the original standing committee for a determination to concur in amendments by the Appropriations Committee which change the intent of a measure originally rereferred to the Appropriations Committee because the measure would have an effect of $50,000 or more on the appropriation of a state agency. The committee also reviewed a proposed amendment of Senate Rule 350 which would have tracked the language in House Rule 350 concerning a single vote to accept recommendations to not concur and to appoint conference committees.
LEGISLATIVE INFORMATION SERVICES
Lotus Notes Applications
In 1995 Lotus Notes was selected as the e-mail software and Lotus SmartSuite was selected as the primary office software of the legislative branch because Lotus Notes had excellent security features, could replicate documents, featured application development software, and featured document management. These features were used extensively by legislators in replicating (downloading) documents or e-mail away from Bismarck and working on those materials offline and thus not incurring long-distance charges at 10 cents per minute. The application development software was used to develop several applications integrated with Lotus Notes e-mail, such as the fiscal notes system, telephone message system, conference committee assignment system, meeting materials system, expense voucher application, payroll import application, digital sender, and Domino.Doc (a document management system). In over eight years of Lotus Notes use, approximately $640,000 has been invested in developing applications integrated with or using Lotus Notes.
The committee received information on migrating from Lotus Notes applications to Microsoft Exchange applications. Although the state supports two messaging and collaboration platforms--Microsoft Exchange and Lotus Notes--the Information Technology Department is adopting Microsoft Exchange as the state's enterprise groupware system. The result will be that all of state government will move to one software platform and that platform is Microsoft Exchange. The timeframe for agencies to complete their migration from Lotus Notes applications is 2010. The four largest departments use Lotus Notes--the Department of Human Services, the Department of Transportation, the Bank of North Dakota, and the Legislative Council.
The committee received estimates from the Information Technology Department as to the cost of programming for conversion of Lotus Notes applications. The estimates included:
- $1,970 to develop an interface for the Internet and the hall monitor system.
- $26,652.50 to develop a conference committee system and interfaces.
- $54,073.75 to develop a constituent/telephone message system.
- $131,877.81 to purchase Microsoft Office for 239 users in the legislative branch.
- $21,468.25 to replace Lotus Notes e-mail with Microsoft Outlook e-mail in Lotus Notes applications used by the Legislative Council staff.
- $392,018.75 to replace Lotus Notes applications (which does not include replacing the conference committee system and interfaces and the constituent/telephone message system).
- Unknown cost to replace Domino.Doc.
- $3,500 per month for the seven converted applications to be hosted on the Information Technology Department's server.
Microsoft Outlook E-Mail
Over the years, individual legislators have suggested replacing Lotus Notes e-mail with Microsoft Outlook e-mail and replacing Lotus SmartSuite with Microsoft Office.
The Information Technology Department informed the committee that the easy part of replacing Lotus Notes e-mail is placing legislators in Microsoft Outlook. The difficult part is identifying the pieces of Lotus Notes e-mail which are linked to other applications in the legislative branch.
The effects of migrating legislators from Lotus Notes e-mail to Microsoft Outlook 2003 e-mail were discovered during a Microsoft Outlook pilot project, in which 12 legislators used Microsoft Outlook 2003 e-mail.
In Lotus Notes, meeting notices are sent to legislators via e-mail and when a legislator accepts a meeting the meeting is added to the legislator's calendar (in Lotus Organizer) and when a legislator declines a meeting a notice is sent to the Legislative Council staff. In Lotus Notes, a legislator can replicate meeting information materials, which then reside on the legislator's computer. These features are not available with Microsoft Outlook 2003.
The conference committee scheduling system uses Lotus Notes e-mail and legislators' computers have been programmed to automatically accept an "invitation" from the House majority leader's staff assistant (who schedules conference committees) to the conference committee meeting. Lotus Notes also displays conference committee schedules in a variety of methods. These features are not available with Microsoft Outlook 2003.
The telephone message system in Lotus Notes consists of an "add to constituent views" component, whereby a legislator can forward an e-mail message to the telephone message center and the telephone message center verifies the message is from the legislator's constituent and then updates the constituent information in LAWS. This component is not available with Microsoft Outlook 2003 and a legislator will need to manually add the telephone room's address as a forwarding address to an e-mail message and then forward that message to the telephone center.
The telephone message system also contains a "telephone message notification" component, whereby legislators are informed when the telephone center has sent a new message to a legislator. This pop-up window feature is not available with Microsoft Outlook 2003.
The committee determined that all legislators and appropriate Legislative Assembly employees would be migrated from Lotus Notes e-mail to Microsoft Outlook e-mail.
The committee authorized development of interfaces between Microsoft Outlook 2003 and the hall monitors and the Internet so that conference committee schedules, which relied on Lotus Notes e-mail for displaying conference committee information, would appear on the hall monitors and the Internet. The net effect of not developing the constituent views icon or telephone message icon is to return legislators to the LAWS system as it was in 1999-2001, i.e., without those enhancements.
E-Mail File Quotas
The issue of e-mail file quotas resurfaced as legislators were being migrated from Lotus Notes e-mail to Microsoft Outlook 2003 e-mail.
In May 2002 the Information Technology Department established an e-mail file quota of 50 megabyte (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. 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.
When the issue of legislators exceeding the 50-MB e-mail file quota arose during the 2001-02 interim, the Legislative Management Committee recommended that the 50-MB e-mail file quota applicable to state officers and employees be applicable to legislators. The committee also recommended that the Legislative Council staff arrange with the Information Technology Department for an unlimited quota for the period beginning December before a legislative session and ending May 31 after the 2003 legislative session adjourned. The Legislative Council staff had planned to move legislative mailboxes back to the Legislative Council server from the Information Technology Department servers and to propose eliminating the quota for legislators because the Legislative Council server would handle foreseeable e-mail files without regard to any quota. This plan, however, was not implemented because of the migration of legislators to Microsoft Outlook e-mail, which requires use of the servers in the Information Technology Department.
The committee reviewed legislators' e-mail file sizes and discovered that 22 legislators were in the 50 to 100 MB range, 12 were in the 100 to 150 MB range, 5 were in the 150 to 300 range, and 2 were over 300 MB. Exceeding the quota caused difficulty during the migration process and the committee was asked to address this issue.
The committee received information on the ability of legislators to archive e-mail files and thus remove those files from the e-mail system (and the quota). The committee also received information on archiving documents to a CD or an external flash drive, but CD-ROM or flash drives would have to be acquired. 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 determined that during the migration of legislators to Microsoft Outlook e-mail, legislators should receive training on how to archive e-mail so that they can better manage e-mail.
Dial-Up Access
The committee surveyed the 137 legislators who have state-provided notebook computers. The surveys served two functions: determine how quickly legislators responded to e-mail and obtain information on the type of access legislators have to local Internet service providers.
Return receipts were used to ascertain how quickly legislators viewed their e-mail: 43 receipts were received on the first day, 21 on the next, 4 to 9 were received each day for the next four days, and 1 or 2 were received each day over the next eight weeks.
Survey responses indicated slow connection speeds continue to be a major problem for legislators. Depending on location and telephone wiring, connection speed ranged between 5 kilobits per second (kbps) and 28.8 kbps. Twenty-four legislators used the dial-up connection daily, 27 used the connection several times weekly, 38 used local Internet service providers, 14 used digital subscriber line (DSL) service, 11 used cable modem service, and 10 used wireless service. Many legislators commented that the state dial-up access was too slow to be worthwhile.
The committee authorized the provision of DSL or equivalent high-speed service to legislators. Where that service is not available, service is to be provided through a local Internet service provider. The 800# dial-up access is to be continued, primarily for use when a legislator is away from the local DSL or high-speed connection. This authorization also reflects the fact that the Information Technology Department recommended that legislators use Internet service providers for access to the state network as a means of obtaining faster connection speeds than that provided by the 800# dial-up number and reducing the overall costs of the per minute charges for using the number. The primary benefit of providing legislators with faster connection speed is to reduce the time taken to download e-mail and thus increase efficiency and the effectiveness of e-mail as a communication medium for legislators.
Microsoft Office Suite Software
The committee received information on the cost of installing Microsoft Office Standard, which includes Outlook, Word, Excel, and PowerPoint. Committee members discussed the impact of using word processing software that differs from what has become the standard for general office work--Microsoft Word. A major concern was the fact that many people who receive documents or e-mail attachments from legislators cannot open those attachments because their software is not compatible with Lotus Word Pro or Lotus 1-2-3.
The committee approved installation of Microsoft Office 2003 Standard edition on legislators' notebook computers and on certain personal computers used by the Legislative Assembly, primarily leadership staff and secretarial services. The cost of acquiring Microsoft Office 2003 Standard edition is $38,137.60 ($238.36 per user for 160 users) in the Legislative Assembly.
Personal Computer Use Policy
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) must recognize that the legislator is responsible for the cost of installing and maintaining nonlegislative software; (2) must recognize that the Legislative Council staff is not responsible for installing or supporting nonlegislative software; and (3) 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.
The committee recommends three changes in the policy. Because legislators primarily are connected through private service providers, as described under Dial-Up Access, the reference to a 60-hour per month maximum for access to the Internet is obsolete. This maximum originally was included in the policy as a means to control costs of dial-up access.
Although the policy provided that for a fee established by the Legislative Management Committee an authorized user could request assistance by the Legislative Council staff for service of software or hardware not provided or installed by the Legislative Assembly or Legislative Council, the Legislative Management Committee had not established a fee for that service.
The committee recommends elimination of the reference to a 60-hour per month maximum for access to the Internet. The committee recommends revision of the policy to reflect that the fee for requesting training, installation service, or other support services for software or hardware not provided by the Legislative Assembly or the Legislative Council or for software not installed by the Legislative Council be a fee equivalent to the desktop support analyst rate of the Information Technology Department. The committee also recommends revision of the policy to reflect that the assistance provided by the Legislative Council for privately installed hardware and software be only for hardware or software for which the staff has experience or knowledge in its use.
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. Seven entities paid a $325 subscription fee to receive these reports during the 2003 legislative session and one paid $435 to receive the reports by mail.
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 2005 bill status report and pay a $350 subscription fee, $460 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, if mailed, the cost of mailing these documents. During the 2003 legislative session, 14 entities paid to pick up a set of bills and resolutions from the bill and journal room and no one paid to receive the set by mail; 39 paid to pick up a set of bills and resolutions as introduced and as engrossed and two paid to receive a set by mail; 22 paid to pick up a set of journals and one paid to receive a set by mail; and 12 paid to receive the journal index.
The committee established the following fees with respect to these documents during the 2005 legislative session--$150 for a set of bills and resolutions as introduced and printed or reprinted, $260 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 $80 for a set of daily journals of the Senate and House, $190 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 of the 2005 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 2003 legislative session should continue and a fee should be imposed to cover the cost of mailing. During the 2003 legislative session, one entity paid to receive the hearing schedules by mail and one 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 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 2004 and by the North Dakota High School Activities Association State Student Congress in November 2004 and November 2005; use of the House chamber by the Supreme Court for the admission to the bar ceremony in October 2003 and September 2004, by the Program Committee of the North Dakota Leadership Seminar in June 2004, by the Silver-Haired Education Association in July 2004, by the United States Army Reserve for a ceremony welcoming the 439th Engineer Battalion on its return from Iraq in July 2004, and by the Land Department for an oil and gas lease auction in November 2004.
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
With respect to the contract for printing bills, resolutions, and journals for the 59th Legislative Assembly, the committee reduced the number of introduced bills and resolutions printed from 350 to 325 and reduced the number of journals printed from 850 to 750. Both changes were based on the surplus of bills, resolutions, and journals remaining from the 2003 legislative session.
LEGISLATIVE WING RENOVATION PROJECTS
Chambers Sound Systems
During the 2003 legislative session, Community Access Television experienced sound level and quality problems while broadcasting the floor session of each house. The committee reviewed an estimate made during the 2003 legislative session relating to proposed enhancements to the sound system in each chamber. The proposal included separating the microphones from a single, daisy-chain wiring system into four separate sections; separating the processors for the floor microphones and the podium microphones; and putting relays at the amplifiers rather than at the on-off buttons of the microphones.
The committee authorized the enhancements under its administration of the appropriation for repairs to the sound systems in the chambers.
Chambers and Memorial Hall Folding Chairs - Brynhild Haugland Room Chairs
The committee assumed responsibility for administering an appropriation of $30,000 for replacement of the chairs used to seat guests in the Senate and House chambers and used in Memorial Hall for various functions and for replacement of the chairs and tables in the Brynhild Haugland Room. The intent of the funding was to purchase chairs either folding or stacking which would be nicer and more color- and style-coordinated for use in Memorial Hall and in the chambers. The intent also was to replace the chairs and tables in the Brynhild Haugland Room with nicer and more color- and style-coordinated chairs.
The committee discovered that Facility Management had recently replaced the tables in the Brynhild Haugland Room with smaller, lighter tables that allowed easier moving, storing, and rearranging for different uses in the room. Thus, the committee directed the full amount of the appropriation toward replacement chairs.
The committee viewed two types of folding chairs for use in the chambers and Memorial Hall. The committee selected a padded folding chair with a welded brace. At least 150 folding chairs are needed to allow each legislator to have one guest on the floor at the same time in each chamber.
The committee viewed five types of stacking chairs for use in the Brynhild Haugland Room. Although stacking chairs similar to those used in the Pioneer Room were considered, the funding available for purchase of these chairs as well as the folding chairs would not have permitted a workable number of chairs to be acquired. The Brynhild Haugland Room capacity is 100 to 150 seated, depending on the seating arrangement. The committee selected a flexback stacking chair for the Brynhild Haugland Room.
The committee received proposals from four local vendors as well as reviewed prices from a catalog vendor. The committee accepted the proposal from a local vendor, which was the lowest bid for both types of chairs. The proposal provided 150 flexback chairs for the Brynhild Haugland Room, pumpernickel in color, and provided 186 folding chairs for use in the chambers and Memorial Hall, hyacinth in color.
Brynhild Haugland Room Sound System
The sound system in the Brynhild Haugland Room was installed in 1981, during the legislative wing renovation project. Since that time, the equipment has been replaced or upgraded as needed. After the 2003 legislative session, the committee received a proposal to repair problem areas, e.g., replace the mic mixer and replace old, dried-out speakers. The committee expressed interest in replacing the 23-year-old sound system with a modern system, primarily because of the importance of a good sound system in a major legislative hearing room. The committee also noted the room is used throughout the year for a variety of functions and the sound system is an important feature for most of the functions of the room. The committee requested Facility Management to prepare invitations to bid to replace the sound system.
The committee approved installation of a new sound system in the Brynhild Haugland Room. The new system includes ability to provide up to 32 rather than 8 microphones, additional access points on the floor to allow more versatility in arranging the room for hearings or other functions, network and telephone connections in the access points to allow various types of presentations and conference communications, and an enhanced media feed in the back of the room so as to avoid media microphones on tables or lecterns.
Committee Hearing Monitors
The committee hearing monitor on the east side of the information kiosk on the first floor of the capitol is difficult to read because of glare from sunlight through the windows in Memorial Hall.
The committee authorized moving the monitors on the information kiosk as appropriate to aid in readability. The monitor on the east side of the kiosk was moved to the west side and both monitors were rearranged as appropriate.
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 of that year, and this policy has been followed since that time. 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 considered the fact that some legislators have requested something other than regular stationery because they write short notes to constituents rather than formal letters and because e-mail has resulted in reducing the volume of letter correspondence by legislators. The committee determined that legislators should have the option of receiving Monarch (7.5 inches x 10.5 inches) or regular (8.5 inches x 11 inches) stationery.
In 2003, every legislator was 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. A legislator also can request an additional ream of stationery and 500 envelopes. With respect to leadership positions, the Speaker, each leader, and each assistant leader also receive 500 sheets of Monarch stationery (with 500 envelopes); and the leaders can receive as much regular stationery (and envelopes) as needed. The committee determined that legislators should be able to select one or both types of stationery.
The committee recommends the policy that every legislator be given the option of receiving none, 250 sheets of regular or Monarch stationery and envelopes, 250 sheets of each type of stationery and envelopes, or 500 sheets of either type of stationery and envelopes. A legislator also can request an additional 500 sheets of stationery and 500 envelopes, up to 1,000 sheets and envelopes total. The Speaker, each leader, and each assistant leader continue to receive as much regular and Monarch stationery as needed.
Brief Bags
The committee approved continuation of the policy, first established in 1984, of providing a brief bag (also referred to as a letter file or carrying case) to each legislator on request. The committee continued use of a canvas-type carrying case first provided in 2002.
Capitol Access 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. Every legislator continues to receive an identification card, and a photo identification card is issued to a legislator on request.
Since October 1999, the Capitol has operated under a security key 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 card to present near a reader that unlocks the door and records use of the card. Each security card is coded and a computerized record is kept of use. During the 2001 session, every legislator received a security card for access to the Capitol and during the 2003 session, a security card was provided to a legislator on request. The leaders' keys were effective throughout the year and the cards of other members were effective during the legislative session. During the 2001-02 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.
An issue has arisen, however, in that some legislators question whether they have returned security cards or ever received the cards. Security is not an issue in these instances because the missing cards are deactivated. Recordkeeping needs to be accurate, however, because NDCC Section 44-08-18 provides for withholding the final salary check if a key is not returned upon termination of employment.
The committee recommends that a security card be provided to a legislator who requests a card and signs a form acknowledging receipt of the card.
Legislators' Expense Reimbursement Policies
Article XI, Section 26, 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 58th 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 59th Legislative Assembly be the same as that followed for the 58th Legislative Assembly.
Legislators' Computer Training
The committee approved the agenda for providing computer training to legislators before the convening of the 59th 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 training immediately after the organizational session adjourns and into Wednesday afternoon. 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 with limited computer experience is scheduled for Thursday, December 9.
During the organizational session, returning legislators can take 90-minute, concurrent miniclasses on e-mail and the Internet, similar to the miniclasses provided during the 2002 organizational session. The miniclasses are scheduled for Monday morning and afternoon, Tuesday morning and afternoon, and Wednesday afternoon.
Legislators can receive LAWS system training in any of three 2.5-hour blocks of instruction on Monday, January 3, the day before the regular session convenes. During the legislative session, legislators can request individualized training at their desks in the chambers and can receive individual online learning through Internet classes.
Legislators' Photographs
The committee approved the invitation to bid for photography services to the 59th 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 x 60 inches, proofed, framed, and ready to hang; and 97 copies of the composite picture 11 x 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 x 40 inches, proofed, framed, and ready to hang; and 51 copies of the composite picture 11 x 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 2004, 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 Wednesday, December 22, 2004, 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 18, 2005.
Although the invitation to bid was sent to 31 photography firms in western North Dakota, only one firm submitted a bid--Anderson Photography, Crosby, of $3,700. The committee awarded the contract to the bidder--Anderson Photography--the firm that was also the photographer for the 54th through 58th 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 and 2003 legislative sessions, 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.
Community Access Television informed the committee that Community Access would not be able to continue coverage of the Legislative Assembly during the 2005 legislative session. The reasons included poor production conditions, e.g., limited camera position options (a balcony view in each chamber) and technical incompatibility; cost of equipment, staff, and coordination; lack of available air time; and content value (inability to access committee meetings or otherwise determine timely issues). Although loss of video transmission over the public access channel would affect only cable subscribers in the Bismarck-Mandan area, loss of the video signal would eliminate the live video/audio streaming of the floor sessions on the Interactive Video Network and the Internet.
Community Access Television provided a proposal to the committee for providing a digital camera and camera operator to supply a video signal for web streaming over the Internet. The proposal was for one digital camcorder, tripod, and necessary cables, and a camera operator to be onsite for a minimum of two hours each day for a minimum of 80 days. The proposal also provided for the Legislative Assembly to provide daily, onsite guidance and direction for the camera operator as to daily start time, which activity to cover, and when to continue transmission beyond the two-hour daily minimum. The proposal was for $30 per hour labor (minimum of two hours per day for 80 days) and $50 per day equipment (minimum of 80 days).
The committee discussed the proposal with a focus on the importance of providing video coverage of the Legislative Assembly to the citizens of the state. Only the Senate and House chambers and Brynhild Haugland Room are wired for video input. Any other coverage of committee hearings would require wiring those locations. The committee discussed whether it could be more economical to employ individuals as camera operators rather than contract for such coverage. To some extent, concern was expressed over the coverage of debate if an individual employed on a partisan basis determined camera subjects and angles. There was little concern expressed over informing a camera operator as to the anticipated happenings each day. Of more concern was the potential for partisan accusations regarding which issue was selected for coverage even though partisanship may not have been intended.
The committee recommends that the majority and minority leaders visit with representatives of Community Access Television to determine if arrangements can be made for a video signal for video/audio streaming over the Internet.
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.
The committee recommends continuation of the telephone message service on the same basis for the 59th Legislative Assembly as provided for the 58th 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 between December 1, 2004, and January 5, 2005, and authorized the Legislative Council staff to conduct training sessions for various session employees.
The training will be similar to that provided before the 2003 legislative session, except the assistant secretary of the Senate and the assistant chief clerk of the House rather than the bill clerks will receive training as backup to the journal reporters, the journal reporters rather than the bill clerks will receive training as backup to the assistant secretary of the Senate and assistant chief clerk of the House, the committee clerks will receive joint training over a one-week period rather than a separate week for House committee clerks and a separate week for Senate committee clerks, and the legislative interns will receive their training Wednesday and Thursday before the session convenes rather than after the session convenes. (In 2002 the bill clerks received training as backup for the assistant secretary of the Senate or assistant chief clerk of the House, the journal reporter, and 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.
Session Employee Positions
The committee reviewed the number of employee positions during the 1993, 1995, 1997, 1999, 2001, and 2003 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 contracting for secretarial, telephone message, and bill and journal room services rather than hiring employees for those areas.
The committee reviewed a legislative session employee position plan that provided for the same number of positions in the Senate and House during the 2005 legislative session as recommended for 2003. The plan continued the rotation of three positions between the Senate and House--payroll clerk, parking lot attendant, and information desk attendant. For the Senate, the plan provided for the information desk attendant and supply room coordinator to be Senate employees. For the House, the plan provided for the payroll clerk and parking lot attendant to be House employees. The plan discontinued the rotation of the supply room coordinator in favor of continuing the position as a Senate employee. This is intended to make that employee available for providing assistant sergeant-at-arms services during the Senate floor sessions as needed. As originally presented to the committee, the plan provided for 34 Senate employee positions and 40 House employee positions.
The committee recommends that the Employment Committees provide for 35 Senate employee positions and 40 House employee positions. The committee added a Senate page and bill book clerk to the original plan because discussion indicated that the two pages and bill book clerks in the Senate were insufficient at times, especially when distributing floor amendments.
Session Employee Compensation
The committee reviewed legislative session employee compensation levels during the 2003 legislative session. In 1999 a general increase of 7 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 5 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. In 2003 a general increase of 5 percent, rounded to the nearest dollar, was provided. This was primarily in recognition of the average pay increases of 3 percent and 2 percent approved by the 57th Legislative Assembly for state employees.
The committee recommends a general increase of 5 percent, rounded to the nearest dollar. This was primarily in recognition of the difficulty in attracting qualified applicants for session employment. As a result of this recommendation, compensation will range from $71 to $120 per day ($8.88 to $15 per hour based on an eight-hour day). The committee 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 identifying specific individuals. This type of resolution was first adopted in 1997 as a means to provide flexibility in the hiring of employees 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.
Secretarial Services
The Legislative Assembly privatized secretarial services in 1995 rather than employ stenographers and typists as 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 and each house employed a chief stenographer and payroll clerk at a cost of $14,326.59.
Since 1993, the number of employees as well as the cost of secretarial services has gone down each session. During the 2003 legislative session, Spherion provided four employees for a total cost of $23,634.13 and the Senate and House shared a part-time payroll clerk.
In 2003 the contractor's employees completed 157 speeches (and made 732 copies), 86 press releases (182 copies), 8 charts (34 copies), 424 letters (3,708 copies), 251 faxes (702 copies), 50 mail merges (4,471 copies), and 119 miscellaneous documents (2,631 copies). For comparison purposes, 237 speeches, 304 press releases, 36 charts, 1,080 letters, 601 faxes, 148 mail merges, and 193 miscellaneous documents were prepared in 2001.
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 5:00 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.
Bill and Journal Room Services
The Legislative Assembly privatized bill and journal room services in 1997 rather than employ bill and journal room attendants. In 1995 the Legislative Assembly employed 12 bill and journal room clerks at a cost of $57,170.61. During the 1997, 1999, and 2001 legislative sessions, the contractor that printed bills, resolutions, and journals provided bill and journal room services as part of the contract for printing bills, resolutions, and journals. During the 2001 legislative session, Quality Printing provided six employees for a total cost of $49,750. Under the consolidated contract for secretarial, telephone message, and bill and journal room services in 2003, Spherion provided five employees for bill and journal room services for a total cost of $29,559.59.
Telephone Message Service
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 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 2003 legislative session, 10,021 calls were received.
During the 2003 legislative session, Spherion provided nine telephone message service employees at a cost of $41,265.60.
Consolidated Secretarial, Telephone Message, and Bill Room Services
During the 1999-2000 interim, the committee recommended that telephone message and secretarial services be provided by the same contractor to determine if efficiencies could be obtained by moving employees from one area to the other as necessary. After the 2001 legislative session, the contractor described efficiencies resulting from workload management between the two areas and suggested that there could be additional savings if employees could be assigned among three areas--secretarial, telephone message, and bill and journal room. For 2003 these services were 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.
The invitation to bid to provide combined secretarial, telephone message, and bill and journal room services during the 2003 legislative session continued the base level of service as in 2001--4 core employees for secretarial services, 9 telephone attendants for telephone message services, but 5 rather than 6 employees for bill and journal room services--for a total of 18 employees. The committee recommended accepting the bid by Spherion to provide combined secretarial, telephone message, and bill and journal room services for $1,532.56 per day.
After the 2003 legislative session, Spherion recommended additional cross-training for secretarial service employees to allow additional assignment to other areas and fewer total employees because of decreased workload and ability to transfer employees among the three areas as necessary.
The committee approved a consolidated bid to provide secretarial, telephone message, and bill and journal room services. The invitation to bid provided for 12 employees rather than 18--9 are to be in the secretarial and telephone message service area and 3 are to be in the bill and journal room area--for 75 legislative days. Three of the secretarial and telephone message service area employees are to be trained in secretarial services as well as telephone message, and during the first three weeks of the session the contractor is to be prepared to assign one or two employees from the secretarial and telephone message service area to the bill and journal room area to handle the workload during the bill introduction period. The invitation to bid also contained a specific description of how the contractor in 2003 billed less than the contract price due to flexible scheduling and workflow management--Spherion billed $1,221.73 per day rather than the bid price of $1,532.56 per day.
Because of the reduction in the total number of employees under the contract, the telephone message employees will be collocated with the secretarial service employees in the secretarial service area behind the Senate balcony.
With respect to bill and journal room services, at least one person is to organize and operate the bill and journal room Monday through Friday from December 13, 2004, through January 3, 2005, excluding Christmas Eve Day and New Year's Eve Day; at least one person is to be in the bill and journal room anytime either house is in session after 5:00 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 fax services to third parties upon payment of a fee set by the contractor and retained by the contractor. In 2003 the contractor reported receiving $411.25 for providing photocopy and fax services.
Secretarial, telephone message, and bill and journal room services are to be provided between 7:30 a.m. and 5:00 p.m. on each legislative day; and an account manager or liaison is to manage the communication process between the Legislative Council and specific area involved and with the contractor.
The invitation to bid to provide secretarial, telephone message, and bill and journal room services was sent to nine temporary personnel and secretarial services in the Bismarck-Mandan area. The committee received three bids. The daily bids were $1,044.48 by Spherion, $1,204.74 by Expressway Personnel, and $1,259.08 by Kelly Services. The hourly pay range in the Spherion bid is telephone message services - $7.75; bill and journal room services - $7.75 to $8.25; and secretarial and telephone message services - $8.25 to $8.75.
The committee recommends accepting the bid by Spherion, Bismarck, for providing secretarial, telephone message, and bill and journal room services during the 2005 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 2003 the stipend was in the amount of $5,425 ($1,550 per month) for the 3.5-month program.
The committee approved continuation of the program for the 59th Legislative Assembly at the same number as authorized in 2003 (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 $1,600 per month.
Legislative Tour Guide Program
For the past 14 legislative sessions, the Legislative Council has operated a tour guide program that coordinates tours of the Legislative Assembly by high school groups. The tour guide program is extensively used by high school groups during legislative sessions, 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 2005 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 2005 legislative session under the same arrangements as in the past. The association is planning to arrange two health screening days, with health professional staff from both local health care organizations checking blood pressure and cholesterol levels in January and April.
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 been involved as coordinators 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 2005 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, 2004, to schedule out-of-town clergy to give the opening prayer any day of the legislative session for their respective house during the 2005 legislative session.
Organizational Session Agenda
The committee approved a tentative agenda for the 2004 organizational session. Two major changes first made in 2002 were continued--convening the session on Monday rather than Tuesday and convening at 1:00 p.m. rather than 9:00 a.m. The convening of the organizational session on Monday in 2002 allowed additional time to update computers for new legislators, assign computers to new legislators, and provide computer training to new legislators. Convening the session at 1:00 p.m. allowed veteran legislators the opportunity to travel to the Capitol on Monday rather than during the evening of the previous day, while continuing to provide orientation to new legislators and computer training to veteran legislators beginning at 9:00 a.m.
In response to a suggestion for a presentation on sexual harassment, the committee approved the addition of a 15-minute presentation relating to sexual harassment to the Senate and the House immediately after the ethics presentations on Tuesday.
In response to a suggestion for a presentation on uniform laws, the committee approved the addition of a 15-minute presentation relating to uniform state laws to the joint session of the Senate and House immediately after the reports on recommendations of the Legislative Council on Tuesday.
The training sessions for legislators who have been assigned personal computers continue to be scheduled on tracks parallel to the orientation sessions received by freshman legislators. On the third day, just as in 2002, each house is scheduled to convene at 8:30 a.m. so the Governor's budget message can be presented at 10:00 a.m. and the Legislative Assembly can adjourn at 10:45 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.
Recommended Bill - Organizational Session
North Dakota Century Code Section 54-03.1-02 provides that in each even-numbered year on the first Tuesday after the first Monday in December or on a date selected by the Legislative Council, the members of the Legislative Assembly are to meet at the Capitol at 9:00 a.m. for the purpose of conducting an organizational session. Since 2002, the Legislative Council has selected Monday as the day for the convening of the organizational session and has set the convening time at 1:00 p.m., while the orientation sessions start at 9:00 a.m.
The committee recommends Senate Bill No. 2039 to amend NDCC Section 54-03.1-02 to provide that the organizational session will convene on the first Monday in December (rather than on the first Tuesday after the first Monday) or on a date selected by the Legislative Council. The bill updates that section to recognize that convening of the organizational session on Monday, rather than Tuesday, has become the norm. The bill also removes the reference to 9:00 a.m. as the time to meet. The time for convening the session would be set by the Legislative Council when the organizational session agenda is approved.
State of the State Address
During the 2003 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 2005 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 2005 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 through 2003 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 59th 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 7, 2005--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 days 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 10, 2005.
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, other than the amendment of Joint Rule 1001(3), reported earlier in this report, relating to elimination of a reference to two-year terms for members of the Legislative Assembly.
MISCELLANEOUS MATTERS
ConnectND 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. Of interest when the presentation was made to the committee was the potential for payroll periods for state employees to change from a monthly basis, paid on the first working day of the following month, to twice a month payroll periods, paid eight days after the pay period ends, or to some other option with a pay lag into the following pay period.
Information From Legislative Compensation Commission
The committee received information concerning recommendations being made by the Legislative Compensation Commission. The commission is recommending an increase in the maximum legislator lodging expense reimbursement allowed during legislative sessions, beginning in 2007, to $900 per month for licensed lodging establishments and to $750 per month for any other lodging and an increase in the state mileage reimbursement rate to 37.5 cents per mile.
