State Actions in 1975 (M-102)

ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS Washington, D.C. 20575 (202) 382-21 14

rom its first years, the Advisory Commis- sion on Intergovernmental Relations has Fstudied the actions states have taken as they seek to solve problems and strengthen relationships in our increasingly complex society. Balance in the American federal system can only be achieved if there is a continuing process of adjustment in relationships and responsibilities among the levels of government as new intergovernmental problems emerge. This information report provides a selec- tive summary of state constitutional, legislative, and executive actions during 1975. To a great extent, this report concentrates on subjects where the Commission has made policy recommendations for strengthening the performance of the states, but it does not contain new suggestions of a policy nature. It is issued strictly as an information and ref- erence report. A new feature which has been added to this year's issue of State Acfions is a subject index. The index was compiled because the increasing complexity of issues in the states has required the enactment of statutes which could logically fit into more than one of the subjects we have chosen as chapter divisions. Further, we hope that the index will make this report easier to use for legislators, governors, and their staffs who are looking for ways other states have dealt with similar problems.

Robert E. Merriam Chairman iii

hile the AClR staff relies heavily on the Commission's own information sources w in preparing State Actions each year, the job of assembling and verifying the information in this report could not have been done without the help of many other organizations and individuals. The AClR staff drew freely from legislative summaries prepared by the state legislative service agencies and from press releases from the governors' offices. In addition, we gratefully acknowledge the cooperation of and information provided by state municipal and county associations as well as the publications of the Council of State Governments, Commerce Clearing House, the Federation of Tax Administrators, National Association of Counties, National Municipal League, and Na- tional League of Cities. Particular thanks are due to Common Cause, whose staff reviewed the chapter on "Government Accountability" for accuracy, and to the U.S. Department of Labor, Labor- Management Services Adminis- tration, Division of Public Employee Labor Relations, whose publications provided the major portion of the information in the "Pub- lic Sector Labor Relations" chapter. This report was researched and written by Lynn D. Ferrell, State-Local Relations As- sociate. Ronald C. Fisher wrote the chapter on "State Fiscal Actions." Major typing burdens were borne by Elizabeth A. Bunn and Gloria D. Ward. Overall supervision was provided by Lawrence D. Gilson, Director of Policy Implementation. Numerous other AClR staff members contributed to the preparation of State Actions.

Wayne F. Anderson Executive Director

Introduction ...... 1 State Government Modernization ...... 3 Local Government Modernization ...... 11 State Fiscal Actions ...... 19 Environment. Development. and Growth ... 37 Energy ...... 47 Transportation ...... 55 Consumer Protection ...... 63 Equal Rights ...... 71 Crim inal Justice ...... 75 Human Services ...... 83 Government Accountability...... 89 Public Sector Labor-Management Relations...... 103 Index ...... 1-1

luctuations in the national economy were the pervasive influences on state actions Fin 1975. While inflation drove the price of running government up, the recession cut into revenues. Thus, many states had to choose between increasing taxes or cutting budgets in order to make ends meet. Further, the fiscal crisis in New York City and the overall public concern about the size and effectiveness of government seemed to have the effect of causing states to pay more attention to their tight budgets, to focus on per- fecting existing programs, and to shy away from expensive new commitments. The Advisory Commission on Intergov- ernmental Relations prepares this annual summary of state actions in policy areas which have been selected by the staff. This compendium is intended to fulfill two purposes: to draw a sketch of general developments in the states in 1975 and to serve as a clearinghouse which states, and perhaps the federal government, may use to find possible solutions to particular problems. Some of the major actions observed in the states in 1975 follow. For the first time ever, aggregate state tax collections totaled more than $80 billion, the growth over 1974's collections being 8.3 percent. For many states, however, the revenue growth was considerably less than that national average and less than they had projected. Furthermore, inflation forced a growth in expenditures greater than the growth in revenues just to maintain services at existing levels.

* While only three states enacted major tax increases in 1974, 13 Five states moved to guarantee states did so in 1975. public accessibility to govern- * Several states moved to reduce ment records. state taxes, but in many cases Requirements for the reporting of the reduction was only for certain campaign contributions and ex- income groups rather than a gen- penditures or public officials' as- eral reduction. sets were expanded or strength- * Seven states expanded local rev- ened in 12 states, adopted for the enue opportunities by permitting first time in 13 states, and extend- new or increased local sales or ed to local officials in five states. income taxes. Three states moved to permit 1975 saw only two new property state civil service employees to tax relief programs enacted, but participate in partisan politics. several states revised existing Nine states adopted acts to make programs to afford greater relief. it easier to register to vote.

States continued the move to reorganize The attempt to resolve the sometimes con- and streamline state government to make it flicting objectives of developing energy more efficient and economical. At the same supplies and protecting the environment con- time, legislatures continued to strengthen tinued. At the same time, the states moved their roles vis-a-vis the executive branch. toward developing comprehensive planning procedures at both the state and local levels * Two states went through com- to guarantee that growth is in conformance plete reorganizations of their ex- with state and local goals and objectives. ecutive branches, and 16 others reorganized specific agencies or Three states moved toward the departments. development of comprehensive * One more state adopted a re- statewide land use plans, varying quirement that the legislature degrees of local planning were meet every year, leaving only 15 mandated by 12 states, and seven states with biennial sessions. states expanded the capacity of * Three states enacted provisions local governments to meet local for the legislature to exercise environmental and land use plans. controls over state administra- Seven states enacted laws to en- tive agency rules and regulations courage the exploration for al- to guarantee that legislative in- ternative energy sources while tent is carried out. controlling such exploration to protect the environment, and In their continuing efforts to clean up the four granted tax breaks for con- political process, the states revised their laws verting to solar energy heating regulating campaign practices and opening and cooling systems. government to public scrutiny. Fourteen states adopted controls on strip mining, and four enacted * The passage by Mississippi of restrictions on the siting of power that state's first open meetings plants. statute brought to 49 the number of states with some requirement This report summarizes these and other that meetings of government actions taken in 1975 to help state govern- bodies be open to the public. In ments cope with the economy, protect the addition, 15 states broadened ex- environment, and meet the challenges pre- isting open meetings require- sented by the many other problems of the ments. year. GOUERNMENT MODERNIZATION

ince the mid-1960's there has been a dramatic movement toward modernizing and Srestructuring state governments to make them more manageable and responsive to citizen needs. Among those changes are strengthening the governor by reorganizing the state executive departments and allowing him to succeed himself, strengthening the state legislature by holding annual sessions and by providing staff on a year-round basis, and reorganizing the judicial system into a unified court system and by providing for merit selection of judges. By the beginning of 1975, 42 states had a four-year term for the governor, 35 provided for annual sessions of the legislature, and 38 had key elements of an integrated judiciary. Perhaps because of the flurry of activity in this area in recent years, such action seems to have tapered off in 1975. Only two states went through complete reorganizations of the executive branch. By contrast, 16 states enacted legislation which reorganized specific agencies or departments. Two more states adopted a constitutional article providing for annual legislative sessions. Perhaps as a complement to the U.S. Con- gress' reasserting itself to regain powers ab- dicated to the Presidency in recent years, so, too, have state legislatures moved to strengthen their role as an equal partner in govern- law (HB 164) provides that any bill which is ment. In 1975, two more states adopted vetoed after the legislature has adjourned measures to allow the legislature to call itself shall be reconsidered no later than the fifth into special session. Previously, only the gov- day of the next regular or special session. To ernor could convene a special session. Two streamline the legislative process, members more states established veto sessions - a of the legislature are now permitted to prefile short session following adjournment at which resolutions as well as bills (SB 58). the legislature reconsiders all measures ve- Arkansas created several new agencies to toed or pocket vetoed by the governor. Two deal with problems facing the state. New legislatures enacted measures requiring fiscal agencies were established for health planning impact statements to be attached to certain (Act 588), emergency medical services (Act types of bills. And growing out of increasing 435), and poison control (Act 600). Act 278 concern over what many have called execu- was passed, creating the Planning Office in tive branch law-making - regulations adopt- the Office of the Governor. The new office ed by administrative agencies which may will have a Local Services Department which sometimes go contrary to legislative intent - will be empowered to exercise the state's three states adopted provisions which give the responsibility for certain federal programs. legislature the power to review and overturn The act also created the Local Services Ad- administrative rules and regulations. visory Council consisting of 16 members from On June 10, Alabama voters approved a cities of various populations and selected constitutional amendment providing for an- municipal organizations. The council was cre- nual sessions of the state legislature. Ses- ated to represent citizens' interests at the sions will begin in May of each year and will state level. be limited to 30 days. However, the new con- The Arkansas Legislature also passed an stitutional article specifies that its provisions act (SB 162) calling a constitutional conven- may be changed by statute. Thus, longer an- tion which was to meet and submit a new nual sessions may become possible without constitution to the voters at a special election having to go the lengthy route of obtaining a on September 13. However, on May 27, two constitutional amendment. days before the convention was scheduled to The Alaska Legislature created an office of convene, the state supreme court voided the ombudsman to help citizens in their com- convention on the grounds that the limits plaints with the state government (Chap. 32). placed on the convention by the legislature Another act (Chap. 207) dissolved the De- violated the state constitutional provision that partment of Economic Development and Plan- "all political power is inherent in the people." ning and created the Department of Com- The act calling the constitutional convention merce and Economic Development to replace had provided that certain controversial sec- it. The new department was given additional tions of the constitution, including the new duties and functions. local government article approved in 1974, Several 1975 enactments will serve to could not be changed by the convention. strengthen the role of the legislature in Alas- In a reorganization predicted to save the ka. Chapter 82 added some additional execu- state $70,000 to $200,000 per year, Califor- tive appointments, including deputy heads of nia Governor Edmund G. Brown, Jr., issued principal agencies, which will be subject to an executive order consolidating the Division , legislative confirmation. The Administrative of Labor Law Enforcement and the Division of Regulation Review Committee was estab- Industrial Welfare into the new Division of lished as a permanent interim committee of Labor Standards within the Department of the legislature "to examine all administrative Industrial Relations. The consolidation is regulations to determine if they properly im- aimed at improving the effectiveness of the plement legislative intent [and] to make department and benefitting workers whose recommendations for legislative annulment of working conditions and wages are not pro- administrative regulations" (SB 55). Veto tected by a union contract. sessions are now also required in Alaska. The Colorado created a state officials' compensation commission in the legislative integration of client services, to eliminate. branch as one of the service offices of the duplication of services, and to decentralize General Assembly (SB 169). The commission service delivery by creating common districts is to report to the legislature at the start of for all departmental programs. Three state the 1976 session and to each subsequent departments and boards, the Department of odd-year session recommending salaries and Natural Resources, the Department of Pollu- other benefits for members of the legislature, tion Control, and the Board of Trustees of judiciary, district attorneys, and executive l nternal l mprovement Trust Fund, were re- branch officials who are not in the state per- organized into two new departments: the De- sonnel system. partment of Environmental Regulation and In an effort to determine the performance the Department of Natural Resources (SB of state programs, state auditors in Connec- 123). And SB 169 created the new Depart- ticut were directed in 1975 to conduct pro- ment of Offender Rehabilitation comprised of gram effectiveness audits in addition to the the old Division of Corrections of the Depart- financial audits which they had previously ment of Health and Rehabilitative Services, performed. and the field staff and other services and The Delaware Legislature enacted three resources of the Parole and Probation Com- legislative reform measures. Under the pro- mission. The intent of the reorganization is visions of one of the new laws (HB 163) any that the new department integrate the delivery bill which requires expenditures of state funds of all offender rehabilitation and incarcera- must have a fiscal projection for three years tion services deemed necessary for the re- attached by the sponsor prior to the bill's con- habilitation of offenders and the protection of sideration by a committee. The constitutional society. limitation on General Assembly members' Hawaii created a government organization salaries was stricken (SB 17 and HB 322). In commission to develop a plan or organization the future, salaries will be set by statute. In to improve the effectiveness of state and an effort to perform an educational function county government (HB 161). The commis- and to enhance the expertise of the staff, the sion is to report its findings and recom- legislature accepted an offer made by the mendations to the legislature in 1977. See the Delaware Law School to provide students to case study. Another 1975 law (HB 1870) re- assist the legislature and its various commit- organized the State Land Use Commiss~onas tees in legal research. a nine-member, quasi-judicial body. Its plan- In an executive branch reorganization, Del- ning function was transferred to the Depart- aware established the new Department of ment of Planning and Economic Development. Corrections. In creating the new department, In June, Governor Cecil D. Andrus issued juvenile and adult corrections were removed executive orders eliminating the ldaho Human from the Department of Health and Social Resources Development Council and the Services and placed under the new depart- State Department of Special Services. The ment. The new agency has all of the powers essential services provided by each agency and responsibilities of the previous Division will be continued in a more efficient manner of Corrections and the Youth Services Com- within other existing agencies and depart- mission. The act also created the Advisory ments. The governor also dissolved the ldaho Council on Corrections to be appointed by Energy Council which had been created in the governor. 1974. In dissolving the council and transfer- A new law permits the governor of Florida ring the Office on Energy from the jurisdiction to assign the lieutenant governor, without of the Energy Council to the Public Utilities Senate confirmation, to serve as the head of Commission, Governor Andrus said that "cit- any one cabinet level department (HB 1975). izens can best be served by consolidating The state also enacted some executive those governmental entities which deal with branch reorganization measures. SB 165 energy problems, thus providing increased reorganized the Department of Health and efficiency and accountability." Rehabilitative Services to insure the maximum In order to promote adequate review of existing programs the Illinois Legislature was created. The reorganized department will enacted a law (HB 612) which requires the be composed of five divisions (development, eight social service agencies of the state research and publications, planning and com- government to issue annual plans detailing munity development, housing, and minority their accomplishments for the last year, their business enterprises) and an advisory com- objectives for the coming year, and their mission. long-term goals for a three-year period. The The office of state auditor was ended in planning activities are to be coordinated by Kansas in January. A phase-out of the office the Bureau of the Budget. The information had begun in 1971 when the legislature cre- in the plans must include program objectives, ated the Legislative Post Audit Committee the cost of providing various services, the or- to audit the performance and expenditures of ganization of the agency, the impact of feder- state agencies. The remainder of the auditor's al programs and laws on the delivery of ser- duties were assigned to the state treasurer, vices, recommendations on needs that are not the secretary of state, and the Department of being filled, and an outline of the population Administration. The legislature also enacted served by the agency. a law to specifically provide that no bill ever Kansas reorganized the state executive be pocket vetoed. The enactment (HB 2031) branch by merging several state agencies and stipulates that any law not signed by the gov- by creating some new ones. Shortly after tak- ernor automatically becomes a law, and that ing office in January, Governor Robert Ben- any adjournment resolution by the legislature nett issued seven executive orders to reor- must include provisions for the calling of a ganize the Offices of State Insurance Com- veto session. missioner and State Treasurer, the Depart- Kentucky has a new Department of Energy ment of Economic Development, the Director responsible for energy conservation, alloca- of Economic Development, and the Economic tion and management, planning, and resource Development Commission. The new cabinet development. The department was created by level Department of Economic Development executive order. Governor Julian M. Carroll

Case Study bilities, services, activities, and functions of all state Hawaii Searches and county agencies; for More Effective 2) the organization and distribution of all state and coun- Government Organization ty financial powers, functions, and responsibilities; Act 148 of the 1975 Hawaii Legisla- 3) ways to eliminate duplica- ture created the State Government Or- tion and overlapping of ganization Commission, a 12-member services, activities, and body charged with developing a plan of functions; and organization to improve the effectiveness 4) the consolidation of ser- of state and county government in Ha- vices, activities, and func- waii. The commission's report, including tions of a similar nature. legislative recommendations, is to be submitted to the 1977 session of the leg- Representatives of business, state islature. government, and organized labor were The subjects specifically earmarked appointed to the commission. To insure for the commission to study include: comprehensiveness the commission was 1) the definition and limitation given subpoena powers and the power of administrative responsi- to examine all government records. also issued a directive abolishing all govern- to investigate, either upon receipt of a comment forms effective July 1, 1976. The interim plaint or upon its own initiative, any act time is to be used to review the 20,000 differ- of the department or of an individual that is ent state forms in order to weed out the un- contrary to law, departmental policy, accom- necessary ones. panied by inadequate statement of reason, or The Louisiana Legislature now has the based on irrelevant, immaterial, or erroneous power to call itself into special session (SB grounds. The office, after conducting such in- 18). SB 17 provides for veto sessions of the vestigations, will prepare a report with recom- legislature unless a majority of either house mendations to be submitted to the Legislative declares the session to be unnecessary. The Council. Compensation Review Commission was cre- Nebraska legislators approved three con- ated (HB 1349) to study and review the stitutional amendments to be submitted to state's laws pertaining to the salaries of the voters in November, 1976. LB 12CA state, parish, and district elected officials, would change the date when the legislature members of the legislature, judges, and un- meets following an election from January to classified state employees. The commission December. LB 17CA would give the legisla- is to make recommendations regarding equit- ture the power to override the governor's line able compensation and benefits and report item veto of appropriations bills by allowing its findings to the legislature each odd-num- the legislature to consider in whole or in part bered year. the items disapproved or reduced by the gov- Louisiana enacted the article of the 1974 ernor. The proposed amendment would main- constitution requiring a reorganization of the tain the requirement for a 315 majority of the state government. The legislature approved legislature to override or revise the governor's the governor's reorganization plan (HB 1000) action. LB 119CA would remove the lieutenant which transferred all existing executive governor as the presiding officer of the legis- branch agencies into 19 new departments, lature. The amendment would also eliminate exclusive of the offices of governor and lieu- the constitutional provision that the lieuten- tenant governor. Secretaries of the new de- ant governor may vote to break a tie in the partments must be appointed by the governor legislature. in January, 1976. Bills having a financial impact on local gov- Maine created the Office of Advocacy for ernments must now have fiscal notes at- the Department of Mental Health and Correc- tached before being filed in the Nevada Legis- tions (Chap. 507) to investigate claims and lature (AB 250). In addition, a constitutional grievances of clients of the department and amendment to permit the legislature to pro- to assure state institution and agency compli- vide for a consent calendar was approved for ance with applicable laws, rules, and adminis- submission to the electorate in 1976. trative regulations relating to the rights and The new Office of Commissioner of Health dignity of the department's clients. At the and Welfare, to be appointed by the governor, elections held in November, the voters also was created in New Hampshire. Governor approved several revisions in the state consti- Meldrim Thomson, Jr., also appointed a com- tution which were written to help modernize mittee to study the reorganization of the state the state government. See the case study for government. The committee's report, due dur- details on those measures. ing the early part of 1976, is to contain rec- The Office on Aging and a Commission on ommendations on how to reduce future gov- Aging were created in 1975 by the Maryland ernment costs. In announcing the creation of Legislature (HB 485). HB 965 was also enact- the committee, the governor stressed that no ed to permit the prefiling of legislative bills layoffs were contemplated, that the objective during years in which elections for members of the study is to cut red tape in the state of the legislature are held. government. The Office of Legislative Ombudsman was The legislature approved two amendments created by the passage of SB 234 in Michi- to the New Mexico constitution which will be gan. The ombudsman will have the authority on the ballot in November, 1976. CA 4 would Case Study speaker; three members of the minority Maine Voters Approve State party of the House, appointed by their Government Modernization floor leader; two members of the majority party of the Senate, appointed by Constitutional Amendment the president of the Senate; two mem- On November 5, the voters of Maine bers of the minority party of the Senate, approved four amendments to the state appointed by their floor leader; the chair- constitution. The new amendments ad- person for each of the two major poli- dress such questions as annual legisla- tical parties in the state; and three mem- tive sessions, reapportionment proce- bers from the general public. The com- dures, gubernatorial disability in office, mission must submit an apportionment and increased powers of the governor plan to the secretary of the Senate within through the abolition of the Executive 90 days. The legislature may enact that Council. plan or a plan of its own by a two-thirds Constitutional Resolution Chapter 1 vote of each house. Legislative action replaced the current 11 multi-member, must take place within 30 days after the state House of Representatives districts submission of the plan by the commis- with 44 single-member districts. In addi- sion. If the legislature fails to act, the tion, it established procedures to be fol- supreme court must, within 60 days, lowed every ten years to reapportion the draw up a plan. In addition, the supreme legislature to meet the requirements of court was given original jurisdiction to the one man-one vote decisions of the hear any challenge to an apportionment courts. A reapportionrent commission law. If any challenge is upheld, the court must be created within the first three draws up a new plan. calendar days of the convening of a According to Constitutional Resolu- legislature which is required to reap- tion Chapter 3, if, because of mental or portion. The commission will be made physical disability, the governor cannot up of three members of the majority continue his job, the president of the party of the House, appointed by the Senate assumes authority until the gov- repeal the constitutional provision requiring the creation of the Division of Internal Man- an elected state board of education and would agement to aid the commissioner of mental provide instead for a nine-member board hygiene in developing plans, evaluating oper- appointed by the governor. CA 2 would allow ations, and allocating resources; and a reduc- elected state officials, including the governor, tion of central office staff and an increase in to serve two consecutive four-year terms. the regional field staffs to enable the depart- Those officials were limited to two consecu- ment to respond more effectively to area tive two-year terms until a 1970 amendment needs. Another 1975 law restructured the was passed allowing one four-year term. State Commission on Corrections and gave it Two state departments were reorganized in expanded powers to set and enforce jail and New York in 1975. In September, Governor prison standards statewide. Hugh L. Carey announced that the Depart- New York voters in November approved a ment of Mental Hygiene would be reorganized constitutional amendment to permit the legis- to improve the delivery of services to those lature to call itself into special session. with mental disorders and other disabilities. North Carolina completed the final reor- Major features of the reorganized department ganization of the state government, as man- include the creation of the Office of Social dated by a recent constitutional amendment, Rehabilitation which will direct the depart- with the restructuring of the Departments of ment's efforts to move persons out of institu- Administration (HB l247), Commerce (HB tions and into community-based programs; 1035),and Transportation (HB 1194). ernor has recovered. The governor may ment was given to the governor. The ac- certify his disability in writing to the chief tion by Maine leaves only New Hamp- justice of the supreme court. If the gov- shire and Massachusetts with executive ernor has a mental or physical disability councils, a vestige of the revolutionary and fails to notify the chief justice him- period. The councils were built into early self, the secretary may notify the su- New England state governments when preme court, stating his reasons. After the founding fathers feared that an elect- giving notice to the governor, the court ed governor might be able to exercise will hold a hearing. If a majority decides tyrannical power in the same manner that the governor is unable to carry out that the royal governors had. Modern his duties, the president of the Senate day critics have cited that the council assumes authority until the recovery of unnecessarily ties the hands of the gov- the governor. If a governor has been ernor, particularly when the legislature continuously unable to discharge his and the governor are controlled by differ- duties for a period of six months, the ent political parties. legislature may, by a joint resolution ap- Constitutional Resolution Chapter 5 proved by a two-thirds vote of both hous- was overwhelmingly approved by the es, petition the supreme court to declare voters to switch from biennial to annual the office vacant. At that time, the presi- sessions of the state legislature. The dent of the Senate takes over as gover- amendment requires that "appropriate nor. In all of these procedures, the statutory limits on the length" of each speaker of the House is the next in line session be provided. The second session should the office of president of the must be limited to budgetary matters, Senate be vacant. legislation in the governor's call, emer- Constitutional Resolution Chapter 4 gency legislation, bills which the first abolished the Executive Council, a 155- session referred to committees for study year-old body, chosen by the legislature, and report, or legislation presented to with the power to confirm appointments the legislature by petition of the voters to state offices. The power of appoint- through the initiative process.

On July 22, Oklahoma voters approved all state agencies in accomplishing any such eight questions which were submitted to them approved goals. on the ballot. The reorganizations and chang- Two other reorganization measures were es in the structure of state government which adopted by the Oklahoma Legislature. The Of- were approved were: the elimination of the fice of Community Affairs and Planning, Divi- Office of Commissioner of Charities; the sion of Economic Opportunity, and State Man- merging of the Offices of State Auditor and power Planning Division were combined to Examiner and Inspector; the change from create the new Department of Economic and election to appointment of the secretary of Community Affairs (SB 187). The Special state, labor commissioner, and chief mine Commission on the Reorganization of State inspector; the replacement of some of those Government was created (SB 118) to study officials on various state boards and com- the organization, management, and operation missions; and the strengthening of the State of state government. The act requires the Budget-Balancing Amendment. commission to submit recommendations to The Division of Planning and Management the governor, who may implement them by Analysis was created in the Oklahoma executive order unless either house of the governor's office (SB 58). The division is to legislature rejects them within 45 days of the provide technical assistance to the governor convening of the next legislative session. The and the legislature in identifying the state's commissior, is further directed to submit rec- long-range goals and objectives and to assist ommendations for the amendment of the state constitution. The Texas Legislature passed an act (HB To strengthen its own oversight role, the 1172) which requires the governor to create Oklahoma Legislature passed a bill (HB within his office a division of planning coor- 1235) which permits either house of the leg- dination with the function of coordinating the islature, by simple resolution, to disapprove activities of interagency planning councils rules and regulations promulgated by state and serving as the clearinghouse for applica- agencies. tions by state agencies for grants or loans The Pennsylvania Revenue Department from agencies of the federal government. In was reorganized to eliminate duplications of November the voters overwhelmingly rejected effort. It is estimated that the reorganization a proposed new state constitution. Among its will save the state $60 million over the next provisions were articles establishing annual five years. Another reorganization predicted sessions of the legislature, reorganizing the to result in savings of up to $14 million per executive branch, creating a unified court year created the new Department of General system, and granting home rule to counties. Services by merging the Department of Prop- Utah (HB 140) merged the Offices of Lieu- erty and Supplies and the General State tenant Governor and Secretary of State. Authority (SB 360). Another act (HB 226) extended the Constitu- On May 20, Pennsylvania voters approved tional Revision Study Commission for an addi- a constitutional amendment which requires tional two years. The commission is to finish the governor to fill vacancies promptly. Sen- its work by July 1, 1977. The Legislative Man- ate action on confirmation of gubernatorial agement Committee was created to replace appointments is required within 25 legislative the Legislative Council. That new law also days. The amendment also eliminated the use created separate management committees for of the interim appointment to fill vacancies the Senate and House and established interim without Senate confirmation. legislative study committees. Rhode Island extended the time limit for Virginia enacted two reorganization mea- approval or rejection of the governor's ap- sures. The functions of the Department of pointments from three to 12 days. If the Sen- Welfare and Institutions were split by creating ate does not act within 12 days, the appoint- a separate Department of Corrections with ment is automatically confirmed. its own policy board and director. SB 798 A constitutional amendment which would combined the positions of secretary of admin- help South Carolina citizens decide how to istration and secretary of finance into the vote on constitutional amendments (S 34CA) new position of secretary of administration will be submitted to the voters. The amend- and finance. The secretary is also to serve as ment would require that when the people are deputy budget officer and deputy personnel called upon to vote on constitutional amend- officer. Another 1975 act (HB 1776) requires ments, a non-technical explanation of the that the comptroller and the auditor of public: proposed amendment must be on the ballot. accounts, with the advice of the Joint Legisla- State agencies in South Dakota must now tive Audit and Review Commission, develop attach fiscal notes to proposed agency rules a uniform bookkeeping system for state and (HB 564). The legislature also approved sev- local governments. eral constitutional amendments for the 1976 The Wisconsin Department of Health and ballot. Among the proposed changes are: Social Services was reorganized and convert- creation of new state boards for elementary ed to a cabinet agency. In announcing the and secondary and higher education (Chap. reorganization plan, Governor Patrick Lucey 61 0); change of the length and dates of legis- said it was needed "not because [the de- lative sessions (Chap. 61 1); and other minor partment] is mismanaged but rather because legislative changes (Chaps. 613, 61 4). it has become unmanageable." The reorgan- Tennessee acted to provide greater legisla- ization is designed to make the department tive oversight by giving legislative committees more responsive to local community programs the power to reverse objectionable rules and and to better address individual needs while regulations formulated by state agencies. eliminating waste and overlap. LOCllL GOUERNMENT MODERNIZATION

ecent years have seen a proliferation of special districts and considerable duplication of effort by local governments - wastes that could be at least partially eliminated if local governments were "modern- ized." In a 1974 report, Substate Regionalism and the Federal System, the Advisory Com- mission on l ntergovernmental Relations made a series of recommendations for modernizing local governments. Briefly, those recommendations call for broad home rule powers to be granted to local governments, and for local governments to be given statutory authority to determine their own structure, to restructure themselves, to consolidate with other local governments, or to jointly provide government services with neighboring jurisdictions. States continued to act on such matters in 1975 at about the same pace as in 1974. Two states extended home rule powers to their county governments, and two others were conducting major statewide studies of the structure and organization of their local governments. Three states enacted measures to lengthen the amount of time a charter study commission has to conduct its study. During 1974, only one of five local government consolidation proposals passed, while 1975 saw two consolidation successes out of three at- Case Study majority of the commission. The alter- Montana Voter Review nate form of government must be voted on by the general electorate by Novem- Program Looks at ber 2, 1976. Any new forms of govern- Local Government ment which are adopted will become effective on May 2, 1977. Forms and Functions The legislature created five optional forms of government which localities The 1972 Montana Constitution provid- may adopt. The commission-executive ed that all cities, counties, and incor- form has an elected commission to per- porated towns must examine alternative form the legislative function of the local- structures for their governments at least ity, and an executive (mayor) responsible once every ten years. That process be- for administering the laws. The com- gan in 1974 and is continuing. mission-manager form consists of an The 1974 session of the legislature elected legislative council which hires created the State Commission on Local a professional manager to administer its Government and set up the procedures policies. The commission form combines for establishing local government study the rule-making and administrative func- commissions in the state's 126 cities and tions in a single elected board. The com- 56 counties. In November, 1974, citizens mission-chairman form of government elected the members of the study com- has an elected legislative body which missions. chooses one of its members to be a This year, the legislature established chairman responsible for administration. a detailed procedure for those commis- The fifth form, available to cities and sions to follow, and a timetable for the towns with a population of less than remainder of the review process was set 2,000, is the town meeting in which all up. At least one public hearing had to qualified voters meet in an assembly at be held in each affected city or county least once a year. The assembly is the to gather information by October 1, 1975. legislative body, and it elects one of its A tentative report and at least one hear- members to be town chairman to admin- ing on the report must be held before ister policies. June 1, 1976. By August 1, 1976, a final A sixth major option is available. If report must have been approved by a none of the five forms fits, the city, tempts. And, in order to promote more effec- tions if each corporation was organized under tive communication and coordination between the Alaska Native Claims Settlement Act, or state and local governments, five states es- resulted from prior merger or consolidation of tablished intergovernmental relations coun- similarly organized corporations. A borough cils. (county) and a city may agree to contract In addition to those general, structural with a city manager to serve both as' borough measures, several actions were taken to ra- manager and city manager (SB 29). tionalize the delivery of government services At an Alaska election on September 9, vot- by promoting or permitting interlocal coopera- ers approved by about 60 percent the creation tion for those functions. State actions which of a metropolitan government in the Anchor- address specific functional areas are found age area, creating the Municipality of Anchor- in the other chapters of this report if they are age. The manager of the municipality wrote not included in this chapter. of the merger, "I know of no precedence in Alaska Chapter 29 lowered from 5'3 to 1/2 the United States in terms of the scale and the percentage required to approve a merger totality of the merger. There is now one gov- or consolidation of local government corpora- ernment - no city, no borough, no county, ---

town, or county (or a combination of ty may also form a county-municipality those units) may design its own charter confederation. That form of organiza- selecting the governmental powers and tion is a partial consolidation but the structures which best fit the special separate units retain their individual needs of the area. This option gives mu- identities. Under the confederation form, nicipalities and counties even greater government functions are to be assigned freedom to choose a form of government by the charter - with the county pro- that fits local conditions. viding areawide services and cities and The legislature also prescribed a towns providing local services. The con- series of sub-options under each optional federation charter may create separate form of government. Each local govern- legislative and administrative offices, or ment may choose between general gov- a joint legislative body and a single ex- ernment and self-government powers. ecutive may be established for the con- General government powers give the lo- federated unit of government. cal government any power granted by Service consolidations or transfers are the legislature, while self-government also permitted between or among towns, powers (or home rule, residual powers) cities, and counties. The commissions grant the local government any power of the affected jurisdictions must get not prohibited by its charter, or by the together and formulate separate plans for state constitution or laws. Only the each such arrangement. commission form cannot choose self- government powers. Charter forms are Finally, the option of disincorporation required to adopt self-government pow- was created. If a city or town cannot ers. carry out its functions, it may choose to Also among the sub-options are op- go out of business, in which case the portunities for areawide organization of county assumes all the legislative and local governments. A county and one or administrative functions of the former more cities and towns within the county municipal government. may consolidate, or two or more contig- This Bicentennial Year the Montana uous counties and any city or town with- Voter Review Project fulfills an idea pro- in those counties may consolidate and posed by Thomas Jefferson - that cur- form a single unit of government. A rent generations should judge the form of county and any town or city in that coun- government they have inherited.

just the Municipality of Anchorage. It em- the town electorate after the appointment of braces about 180,000 people and includes a consolidation commission. HB 6173 re- some 1,900 square miles. The population by quires that any home rule charter become ef- conservative estimates is expected to double fective 30 days after approval by the elec- in about ten years." torate when no effective date is specified in Colorado SB 68 was enacted to increase the charter. And HB 5769 lowered, from the time limit from 180 to 240 days in which 80,000 to 35,000, the minimum population of a charter commission may present to the those municipalities which may establish spe- board of county commissioners a proposed cial service districts. charter for county home rule. A Delaware enactment (HB 470) provides A Connecticut law (HB 5422) gives a char- that the legislature, by a 2/3 vote, as well as ter commission 18 months to prepare and the citizens of the municipality, may amend submit a proposed charter. Previous law al- the charter of a town or city incorporated lowed one year to complete the task. HB under the home rule statute. 8059 similarly extends the deadline for the Florida Governor Reubin Askew estab- submission of a consolidation ordinance to lished, by executive order, the Florida For- ~mposedof the state's two U.S. Sena- rule powers (HB 1343). Powers may be exer- ~d two members of the House delega- cised by counties if not pre-empted by law tate legislative and executive branch or if the power is not already vested by law s, mayors, and county officials. The in a city, county, or state entity, special pur- is to meet regularly to determine the pose district, or municipal or school corpo- of federal and state programs on local ration. ents. Kansas SB 451 authorizes any county ia Governor George Busbee issued which has been declared to be an urban area ecutive order establishing the Georgia (thus limiting it to only Johnson County) to overnmental Relations Council. The gov- adopt a charter. The charter is to provide for serves as the chairman of the council the exercise of powers of local legislation was created "to serve as a forum for and administration. A charter commission was unication, especially on matters that established to draft the charter which will traditionally been a source of conflict be submitted to the voters for approval. The en the state and local governments." commission will be made up of one member Hawaii Legislature created a reorgan- appointed by each county commissioner, one commission to develop a plan of or- by the central committee of each political tion for improved efficiency and ef- party, one by the council of mayors of the in- ness of state and county governments. corporated cities in the county, and one ap- e case study in the "State Government pointed by each member of the legislative del- nization" chapter for details on the egation from the county. Two areas were ission's mandate. added to activities that may be engaged in lana counties were granted limited home under the interlocal cooperation law. HB 2381 t

ase Study most appropriate and the most accept- able means of accomplishing greater Eas Vegas and governmental unity in the area which is lark County, essentially a single urban area. The legislature created an 11-member evada, Shift to county commission. Eight of the county etropolitan Government commissioners will also serve as the city Ei commission. The present 22 state As- sembly districts in the county were used The 1975 Nevada Legislature man- as the foundation for apportioning the ted a consolidation of Las Vegas and commission. Sixteen of the 22 districts ark County. Four studies of the prob- are totally or predominantly within the ms associated with urbanization in the new city boundaries, and the eight s Vegas Valley have been conducted county commissioners who will also be nce 1968. All four reports found that city commissioners will be elected from e creation of a single government those districts. A mayor of Las Vegas Id be the most efficient and rational will be elected at-large from within the roach to cope with growth in the val- city boundaries. A county-city manager y. All four of the reports found that or administrator will be the chief admin- avings would result from eliminating nu- istrative officer. The county commission erous overlapping or duplicative serv- will elect its own chairman, and the ces, from the benefits of coordinated mayor of Las Vegas will have no active lanning for future growth, and from an role in that body. ncreased government accountability. The reason for taking this approach he problem faced by the legislature was was that governance and planning for eio decide what legal device was both the most of the area could be brought under adds educational services, and SB 419 adds "to serve as a forum for the discussion and weather modification. Weather modification coordinated action on mutual problems." activities may be exercised jointly by public Topics to be considered by the council are the or public and private agencies. And SB 543 renewal of federal revenue sharing, the coor- abolished the Kansas Advisory Council on dination of local government training pro- I ntergovernmental Relations. grams, procedures for conducting the 1980 Massachusetts Governor Michael Dukakis census, and the establishment of joint rela- created the Local Government Advisory Com- tions with the Chicago Federal Regional mittee composed of mayors, selectmen, Council. councilmen, and managers to provide a ve- The Minnesota Legislature (SB 583) autho- hicle to improve communications between rized all townships to adopt one of three op- state and local government officials. In cre- tional forms of government following approval ating the committee, the governor said that he by the electors at an annual township meet- hoped the panel would help "bridge the gap ing. The forms are: (a) a five-member town- between town hall and the state house" and ship board; (b) an administrator who would that "all municipal officials . . . consider the be hired to handle non-discretionary, minis- panel their advocate in the governor's office." terial duties; and (c) the appointment rather The Michigan Council on Intergovernmental than election of the township clerk and trea- Relations was formed by the Michigan Asso- surer. The act also authorized townships ex- ciation of Counties, the Michigan Association ercising the powers of a statutory city to com- of Regions, the Michigan Municipal League, bine the offices of clerk and treasurer follow- the Michigan Townships Association, and the ing approval of the electors at an annual state Office of Intergovernmental Relations meeting. The law stipulates that only one

nearly unified control if the county and countywide general planning, mass trans- city commissions were largely identical. portation, and regional sewage collec- Both the county and the city will continue tion and treatment. The City of Las Vegas to exist, and each will have its own gov- will administer community development erning body. However, because of the block grants and provide fire protection, overlapping, dual membership, the po- parking facilities, and parking meters. tential for coordinated planning, the elim- Joint city-county departments under the ination of duplication of government administrator or manager will be respon- services, and an increase in the ability sible for building inspection and code en- of citizens to fix responsibility have forcement; finance; licensing of business- been greatly strengthened. es, trades, and occupations, liquor and Because of its concern that the new gaming control; automotive services; per- government be readily accessible to citi- sonnel; purchasing; public works and zens, the legislature provided for every engineering; parks and recreation; solid two Assembly districts to have a five- waste; and planning and zoning. Any member advisory council. The citizens service or function not assigned by the advisory councils will be selected by the act may be performed by the county, the county commission from lists of nom- city, or by joint city-county departments. inees. The advisory groups will have This approach to metropolitan consol- similar functions to those of existing idation - overlapping city and county town boards in unincorporated towns governing bodies - is not entirely new. (subordinate service areas). Baton Rouge and East Baton Rouge, The act also lists those services and Louisiana, have been operating under functions which each unit of government such a system since 1949. Both the Ne- is to perform. Clark County will provide vada and Louisiana metropolitan areas airports, hospitals, juvenile institutions, have comparable populations. on may be submitted at an annual meet- half mile, and one member of the zoning com- and establishes procedures for the adop- mission must be from outside the city limits; of, and transition to, optional plans as cities between 5,000 and 25,000 may extend as for the abandonment of optional plans planning and zoning to one mile outside the eturn to the standard form of township city boundaries with two rural members on ernment. the zoning commission; and cities over 25,000 iissouri cities and counties may combine may extend planning and zoning boundaries orm regional port authorities with the ap- two miles outside the city if three rural mem- ~alof the State Transportation Commis- bers are appointed to the zoning commission.

1. The Pennsylvania l ntergovernmental Coun- he Montana Legislature established al- cil was established in 1975. At its first annual ate forms of government for cities, towns, session, Governor Shapp said that the "coun- nties, and consolidated governments (HB cil was established to foster effective inter- ), and established the powers and limita- governmental communication, distribution of s on local government units which adopt information pertinent and related to that goal, self-government powers authorized by as well as to encourage participation among I Montana Constitution. HB 177 provides the various levels of government in matters of _-- procedures for the submission to the voters similar interest." by a local government study commission of A South Carolina Home Rule Act (SB 18) alternative local government forms; provides consists of two major parts: a municipal procedures for consolidating city and county section and a county section. Each part pro- services; establishes a timetable for study vides for the selection of an optional form of commissions; and provides transition sched- government, determines the structure of the ules when new forms of local government various optional government forms, and de- are adopted. And HI3 230 assures tenure for scribes the powers and duties of local gov- firemen upon the consolidation or disincor- ernment bodies. Counties are required to se- poration of a city or town. These actions were lect a form of government by referendum prior anticipatory of the completion of the work to July 1, 1976, or automatically have a form of the 182 local study commissions which preselected for each county in the act. The were working throughout the state during the act allows voters to petition for a referendum year. See the case study. on a change of form of government. The leg- Montana also enacted a statute (HB 76) islature also approved a constitutional amend- which permits existing county, city-county, ment for the ballot which would restore clerks or city planning boards to join with other of court, coroners, sheriffs, and solicitors such boards to form a joint or consolidated to the status of elected constitutional officials planning board. (SB 77CA). The officers named in the amend- Nevada enacted the Metropolitan Cities ment had been deleted as elected officers in Incorporation Law and the Urban County Law a previous amendment. (SB 601) mandating the consolidation of the The lieutenant governor and the speaker of City of Las Vegas and Clark County. See the the House were added as ex officio members case study for details. of the Texas Advisory Commission on Inter- The voters of New Mexico will vote in 1976 governmental Relations. on a constitutional amendment which would Utah SB 321 implemented the constitutional remove the two-term limitation on all county article authorizing counties, cities, and towns officers except those in Class A counties (CA to establish special service districts. The act 1). An amendment approved in 1974 provided provides for the governance of the districts by for four-year terms for county officers in a governing body having general legislative Class A counties. powers in the county, city, or town; and out- North Dakota cities were given the author- lines the powers and duties of the districts, ity to extend their planning and zoning outside including the services to be performed (wa- the city boundaries (SB 2395). Cities of less ter, sewerage, drainage, flood control, gar- than 5,000 may extend the boundaries one- bage, hospital, transportation, recreation, or fire protection). The law also provides for the Wisconsin Governor Patrick Lucey acted to discontinuance and dissolution of the districts, strengthen local participation in planning by the issuing of bonds, and means for existing expanding the influence of county boards in districts to become special service districts. determining the members of regional planning commissions. The governor offered his proxy Utah also enacted an Optional Forms of to appoint commission members to the county Municipal Government Act (SB 179). The act boards in each of the 65 counties that are provides three optional forms of government members of regional planning bodies. for cities and towns: council-mayor; council- In a significant local action, the Metropol- mayor-chief administrative officer; and coun- itan Study Commission in King County, Wash- cil-manager. A new form of government may ington, issued a report calling for a new be proposed by resolution of the governing county charter and for an improvement and body or by initiative petition. The proposed rationalization of the county government form of government must be voted on at a through a substantial change in the present special election. government structure. The recommended In addition, the Utah Legislature provided government concept would be a two-tiered for the creation of a uniform system of bud- structure: the present city and town govern- geting, accounting, and reporting for coun- ments plus new, elected governments for ties. The act will be administered by the state urban service areas and rural service areas; auditor's office with the assistance of an ad- and an areawide government to provide those visory council. HB 116 allows a study com- services now performed by the county. An mission 18 months to submit its final report. areawide council would be composed of the The act also provides for a new optional form first-tier elected officials and directly elected of county government, known as the consoli- representatives. The chairperson would be dated city and county. A proposed consolida- appointed by the areawide council, and an tion of Salt Lake City and County was defeat- appointed chief administrative officer would ed by the voters in March. carry out the council's policies.

STATE FlSCAL

n the realm of state fiscal action, 1975 might best be characterized as a year of reaction; Ia period when all states were reacting to the national economic condition, to the attempts of the federal government to alleviate both the recession and the inflation, and to the growing concern, nourished at least in part by the recession, about the productivity of all levels of government. While 1974 was a year of relative fiscal ease for state governments and while that trend largely continued in the first half of 1975, by the latter months of 1975 more and more states were facing impending deficits that required a reaction: raising taxes or cutting expenditures. Many individuals point to the national economic condition as an explanation for the state fiscal situation in 1975. Real GNP fell sharply - at an 11.5 percent annual rate - in the first quarter of 1975, much beyond any estimates of the likely size of the recession. Recovery in the last half of the year was gradual but not spectacular. During 1975, unemployment remained between 8.2 percent and 9.2 percent. These factors have obvious implications for state finances. Since such a large decline in economic growth was not anticipated, state revenues were often over- estimated. At the same time, higher than anticipated unemployment was swelling state Table 1 State - Local Taxes and ~xpenditures:' Fiscal Years 1971-75 - State-Local Percent Change State Only Percent Change State-Local Percent Change Fiscal Taxes Over Previous Taxes Over Previous Expenditures2 Over Previous Year (millions) Fiscal Year (millions) Fiscal Year (millions) Fiscal Year -- - . -- 1971 $ 94,279 7.0% $ 50,974 6.6% $141,675 1972 108,570 15.2 59,940 17.6 154,525 1973' 119,508 10.1 67,689 13.0 173,775 1974 130,126 8.9 73,966 9.3 194,900 1975 141,454 8.7 80,124 8.3 21 8.400

Current dollars. 21ncluding federal aid. Source U.S. Bureau of the Census. Quarterly Summary of State and Local Tax Revenue, varlous Issues Survey of Current Business, various issues public assistance budgets. Finally, the high increases in government services and the tax- inflation of 1974, though declining some now, es that would be required to pay for them.' remains a major factor in pushing state bud- It should however be borne in mind that gets higher even to maintain constant levels strong general aversion to greater spending of service. These factors had a considerable and taxes does not reveal public opinion on impact on fiscal year 1975 budgets, but the specific spending and tax proposals. It ap- effect on fiscal '76 budgets enacted in the pears that many political officials - gover- spring and summer of the year appears to be nors, legislators, mayors, and council mem- more severe. bers - perceive a political barrier to further To end the story with this obvious explana- tax increases. While the need for making tion would be an error because there are ad- hard economic choices is accentuated by the ditional forces in operation that must be rec- recession, the concern of individuals about ognized. Many of the reactions of previous high tax burdens is likely to continue and years that one might expect in this fiscal that political constraint will quickly become condition have not been forthcoming. In con- an economic constraint. trast to the past, only 13 states have in- As one might expect from this overview of creased major taxes in response to this fiscal the 1975 situation, this has not been an at- crunch. Rather, states are reacting by slowing tractive period for new state programs or for the growth of their expenditures or even mak- action on the tax reform and relief front. Still, ing absolute cuts in state spending. This 20 states have adopted or altered homestead form of reaction cannot be tied only to the property tax relief programs, and Michigan national recession, but perhaps reflects a totally reformulated its taxation of business. growing concern about government size, Much more response to these budget strains scope, and productivity. At a time of econom- occurred on the expenditure side of the fiscal ic recession and the resulting uncertainty for picture. At least ten states have imposed individuals and families, it might be ex- spending restrictions or cutbacks to avoid pected that taxpayers would desire to cut potential deficits; new controls have been back or hold the line on government spending placed on the taxation and spending power and taxes. of local governments; and, as a citizen reac- In ACIR's 1975 survey on public attitudes tion, state and local tax and debt referenda toward governments and taxes, over 70 per- fared very poorly at the polls in 1975. cent of the respondents were against further Finally, any review of state fiscal action in I Table 2 Changes in the Big Three State-Local ~axes:' Fiscal Years 1971-1 975

lndividual Income Percent Change General Sales Percent Change Percent Change Fiscal Tax Over Previous Tax Over Previous Property Tax Over Previous -Year (millions) Fiscal Year (millions) Fiscal Year (millions) Fiscal Year 1971 $ 11,544 8.0% $ 17,710 8.8% $ 38,260 7.1 % 1972 15,411 33.5 20,418 15.3 42,713 11.6 1973 17,977 16.6 22,884 12.1 45,302 6.1 1974 19,607 9.1 26,267 14.8 48,836 7.8 1975 21,782 11.1 29,075 10.7 51,792 6.0

'Current dollars. I Source: U.S Bureau of the Census, Quarterly Summary of State and Local Tax Revenue, varlous ~ssues

1975 requires mention of the fiscal emer- and continued the downward trend since that gency in New York City, the attempts by New year. With an annual inflation rate of 7 to 8 York State to assist itself and the city, and percent, this growth in taxes would be neces- the implications of that crisis for all state and sary to maintain a constant real value of col- local governments. lections. The growth of state-local taxes also continued downward, though falling much Fiscal Overview slower than state taxes alone. Despite the decrease in the growth rate of state-local tax In fiscal year 1975, state tax collections collections, state-local expenditures have in- exceeded $80 billion for the first time (see creased at nearly a constant rate through the Table 1). However, the growth in state taxes last three years. Much of the difference of over the previous year, 8.3 percent, was the state-local expenditure growth and tax smallest it has been since fiscal year 1971 growth can be attributed to the increasing lev-

~ Table 3 ~ State-Local Sector Growth: 1929-1975

State-Local Expenditures1 State-Local Expenditures1 State-Local Employment Fiscal as a Percent of all as a Percent as a Percentage of -Year Government Expenditures of GNP the Labor Force 1929 75.7% 7.5% 5.1 % 1939 54.2 10.6 5.6 1949 33.9 7.7 6.2 1959 35.7 9.6 8.3 1969 41.3 12.7 11.2 1974 44.7 14.7 12.4 1975 43.7 15.3 12.6

'Includes federal aid. Source: AClR staff compilation,

21 el of federal grants. In fiscal year 1975, fed- fell by .5 percent. As of the end of the third eral grants increased by about 15 percent quarter, 1975, real state-local expenditures over the previous fiscal year. were increasing at an annual rate of only .3 As demonstrated in Chart 1, the improved percent, the smallest real growth in state- balance in the state-local tax system that has local government since 1951 .3 developed over the last 25 years continued with only a slight adjustment. The property State Tax Increases tax is still the largest contributor of tax revenue in the state-local sphere, though down In this year of reaction, 13 states moved to slightly from 37.5 percent of all state-local increase the major state taxes: individual in- taxes in 1974 to 36.6 percent this fiscal year. come, corporate income, and general sales. The general sales tax and the individual in- In addition to changes increasing the three come tax followed closely behind, both in- major taxes, many states increased excises creasing very slightly in importance in 1975, on tobacco, liquor, and motor fuels. All state 20.2 to 20.5 percent and 15.0 to 15.4 percent, actions serving to increase state taxes are respectively. In considering the breakdown of shown in Table 4 on the next few pages, and tax revenue producers for the state-local the nature of the increase in the major taxes sector, one should also note that the greatest is explained briefly. increase in revenue from the big three taxes in 1975 occurred in the individual income tax State Tax Reductions (see Table 2). In contrast, the growth of sales tax collections was significantly lower in 1975 Several states also took action in 1975 to than in any of the previous three years when reduce state taxes. In many cases these ac- inflation was a primary factor. tions reduced tax liability only for certain The constraints imposed by the recession income groups or placed certain types of are forcing individuals and public officials personal expenditures in a preferred position. to re-examine the issue of the desired size of In addition, states were confronted with government. Table 3 offers some view of the changes in federal tax laws that concerned change in the size of state-local government state taxation in two areas: federal income tax in the last half century. All state-local ex- rebates and changes in federal income tax penditures in fiscal 1975, including federal laws regarding personal retirement schemes. aid, now comprise 15.3 percent of GNP, a In either case, state action could mitigate figure which has steadily risen since World the impact of the change in federal law. War I I. The significant influence of the state- In format similar to that for tax increases, local sector in our economy is further shown all state actions serving to reduce state by an employment comparison; in 1975, state- taxes are catalogued and explained in Table local employees were 12.6 percent of the 5. labor force, more than double the level of the late 1940's. Since 1948, the annual per- State Aid to Localities centage increase of state-local expenditures, less federal aid, has exceeded the growth State fiscal assistance to local units of rate of GNP in 25 of these 28 years, including government takes many forms, but can be 1975.2 From the previous fiscal year, how- split into two primary categories: (1) state ever, the state-local share of all government grants, including revenue sharing, and (2) expenditures has fallen by a percentage point. state financial takeover of all or part of some In addition, there is other current evidence expenditure functions previously financed en- that the growth trend is slowing; perhaps an tirely at the local level.4 State action to in- immediate result of few tax increases and crease aids was sparse in 1975, partly be- budget cutbacks. The increase in state-local cause of the recession and also partly be- expenditures, excluding federal aid, from the cause major action in this area, particularly second to third quarters of 1975 was only .5 in state school finance reform, had been percent, so that real expenditures actually heavy in the past few years. Still, there were Chart 1 The Big Three's Contribution to State - Local Tax Revenue, Selected Years: 1953-1975 Percent of State-Local Tax Revenue 0% 25% 50% l ndividual Income Tax 1953

1962

1974

General Sales Tax

1962

Proaertv Tax

I Other Taxes I

Source: AClR Staff Cornptlat~on Table 4 State Tax Increases 1975

ieneral ndividual :orporate Motor State Sales l ncome lncome Fuels robacco Other Remarks

ALASKA New rates range from 3% of federal taxable Income below $2.000 to $25 000 plus 14 5% of taxable lncome above $200 000 Prevlous rate was 16% of federal tax hablllty calculated at 1963 federal rates

CALIFORNIA 011 depletion allowance was ellmlnated Tax breaks on capltal gains stock optlons, and accelerated depreclatlon were tightened Gentleman Farmer tax shelters were prohlb~ted

CONNECTICUT Capltal galns tax rates were Increased from 6 to 7 percent Dlvldends tax of 7% was relnst~tuted Corporate lncome tax rates were Increased from 8 to 10 percent Sales tax rates were Increased from 6 to 7 percent

DELAWARE

DISTRICT OF X ' X Corporate lncome and unlncorporated business tax rates were In- COLUMBIA creased from 8 to 12% until June. 1976. 9% thereafter. The unlncorporated business tax will apply to professional and personal servlce firms. For individual income taxes, personal exemptions equal to the federal exemptions are now allowed.

HAWAII

MARYLAND X'

MASSACHUSETTS X' lndlvldual lncome tax rates Increased from 5 to 7% on earned lncome and from 9 to 11% on unearned Income. Corporate Income tax rates Increased from 8.55 to 9% A 20% surtax on all Income taxes was Imposed. Sales tax rates were Increased from 3 to 5%.

MICHIGAN lndlvldual lncome tax rates were Increased from 3 9 to 4 6% untll July 1977, to be 4 4% thereafter A slngle buslness tax was enacted to substitute for other buslness taxes (see case study)

MINNESOTA MONTANA A severance tax on the sales value of coal replaced a coal mine license tax. The rates for strip-mined coal are 20% for low grade and 30% for high grade. The rates for shaft-mined coal are 3% for low grade and 4% for high grade.

NEBRASKA Individual income tax rates were raised from 10 to 12% for fiscal 1975 and to 15% for fiscal 1976. Corporate income tax rates were set at 25% of individual income tax rates for the first $25,000 and 27.5% of the remainder of corporate income.

NEW HAMPSHIRE A tobacco products tax was replaced by a cigarette tax only.

NEW JERSEY A tax on unearned income was instituted beginning at $1000 income with progresswe rates. Unincorporated business tax rate was increased from 114 to 318 of a percent for fiscal 1976.

NORTH DAKOTA

OREGON Corporate income tax rates were increased to 6.5% for 1976-77. increasing by an additional 112% the following two years. An 8% excise tax on financial institutions was repealed; they now will pay the corporate income tax A tax on federal preference income was instituted.

RHODE ISLAND The income tax rate was increased from 15% to 17% of federal income tax liability

SOUTH DAKOTA

TENNESSEE A 3 112% sales tax rate was continued until July, 1976, when it is scheduled to fall to 3%

UTAH Rates were increased. The new range is: 2.5% for income not over $750 and $225 plus 8% of taxable income over $4.500.

WEST VIRGINIA X A tax on the value of coal produced was increased from 3.5% to 3.85%.

WISCONSIN General Sales tax now applies to cigarette sales, telephone service. and cable telev~sionservice

WYOMING

Footnotes: 'Cigarette taxes only increased 2Malt beverages and wines only. =These increases in motor fuel taxes have expiration dates attached and thus will be temporary unless through legislative action they are continued Table 5 State Tax Reductions 1975

Personal2 Retirement State Plans Remarks

ARIZONA

ARKANSAS

CALIFORNIA

COLORADO

DISTRICT OF Purchases of food and non-prescrtptlon rnedlclne were exempted from the COLUMBIA sales tax base The federal personal income tax exsmptions were adopted

DELAWARE X

IDAHO Personal income tax credlt for taxpayers and dependents was increased I from $1 0 to $1 5. INDIANA ~-

IOWA X Maxtmum standard deduction for lndlvldual lncome tax purposes was ~n- creased from $500 to $1.000. Income tax rates on incomes below $4.000 were decreased

KANSAS

LOUISIANA

MAINE MINNESOTA Individual Income tax credit for low income was Increased. The new range IS: all tax due from unmarried taxpayers with income of $4.400 or less and all tax due from married taxpayers with five or more dependants and income of $7.800 or less. The income tax credlt against sales tax paid was increased from $13 to $16 per exemptton.

NEW HAMPSHIRE A commuter tax, a 4 percent levy on non-residents' New Hampshire income in excess of $2.000 was found unconst~tutionalby the U S. Supreme Court. The tax was also imposed on Income earned in another state by New Hampshire residents. However such income was not included In the base if it was taxed in the other state or tf ~t was exempt from taxatlon In the state earned or if ~t was not taxed by the other state. Consequently the court held that th~stax treated residents and non-residents ~nequally.~

NEW MEXICO

NORTH DAKOTA A supplemental one percent ~ndlvidualand corporate income tax was repealed. A two-year tax credit of 25 percent of state individual income tax liability was adopted.

OKLAHOMA A state lndlvldual Income tax deduction for federal income tax liability was introduced.

OREGON The personal exemption for individual income tax purposes was increased from $675 to $750.

WEST VIRGINIA

WISCONSIN

WYOMING Prescription drug sales were exempted from tax liability A sales tax refund to individuals 65 years old and above and to the permanently disabled was enacted. The maximum refund is $100, reduced by percentages for income above $4000.

Footnotes:

'Federal ind~v~dualincome tax rebates were exempt from state taxatlon ZFederalIncome definitions that allow tax preference treatment for personal retlrement contr~but~onswere adopted. 3These states specifically prohiblt state preferential income tax treatment of retlrement contrlbut~ons 'In a sim~larcase, New Jersey's 2 percent tax on the New Jersey lncorne of Pennsylvanlans has also been appealed to the U S Supreme Court several major developments. 1976-1977, no final plan has been approved to Connecticut enacted a new school finance meet the requirement. program that guarantees a tax base at the Ohio approved a new state aid plan to 85th percentile of the state's value distribu- equalize school finances while in Texas, state tion for all districts. In addition, a wealth aid to schools was increased by $983 million measure of per capita valuation weighted by over the next two years and a new local median family income was adopted as a pos- wealth measure involving fair market property sibly more accurate measure of tax capacity. values was adopted. In Kansas, an additional $38.3 million over last year was added to state school aid for Local Revenue Diversification fiscal 1975-1976, raising state school financial aid to $239.8 million. In 1974, AClR revised a long-standing pol- In Kentucky, a 1974 law authorizing a icy urging exclusive use of property taxes at change in the state school aid formula sub- the local level and reserving general sales stituting pupil-units for classroom units was and income taxes to the states. In changing made effective in 1975 by a $5.5 million ap- the policy, the Commission offered these propriation to carry out the changeover. recommendations: The biggest news in this category in 1975 occurred in Michigan. Act 237 enables the 1) that local income and sales tax- state to assume complete financial responsi- es (equipped with proper safe- bility for the general public assistance wel- guards) be used as one of several fare program previously borne by counties. appropriate measures for achiev- State takeover will be phased in over a five- ing a more balanced use of prop- year period through fiscal years 1976 to 1980. erty, income, and sales taxes; The cost to the state in 1976 will be over $5 2) that states should simplify inter- million. In addition, $11 million in new money state sales tax liability for firms was added to the state revenue sharing pro- doing business in a state where gram, the funds to be collected from the new no place of business is main- state single business tax. The state is also tained; shifting some shared state personal income tax revenues from counties to municipalities 3) that states should provide an af- ($4 to $7 million in fiscal year 1976) and is firmative policy regarding local granting $19 million to replace revenue lost user charges; and when the property tax on business inventories 4) that the federal government pro- was repealed. As a result, about $35 million vide withholding for local income will be distributed as state revenue sharing taxes. dollars in June, 1976. In Minnespta, an additional $380 million The Commission felt that local sales and was added to state aid for local public income taxes would be safeguarded if they schools. Thus, state aid to schools will be closely conformed to the state tax base, were $1.6 billion for the 1976-1977 biennium, com- state administered and collected, and if local prising about 70 percent of elementary and choice of rates was permitted only within a secondary school finances in the state. In specified range.5 addition, the state assumed 80 percent of The empirical trend of the last 25 years the costs of caring for the medically indigent toward local revenue diversification has been that had previously been paid by local juris- outlined in Chart 1 and previously noted. Al- dictions. though the property tax remains the largest The state school financial aid issue is still source of state-local revenue, the contribu- not settled in New Jersey. Although the state tion of income and sales taxes has continu- supreme court ordered in May that $300 mil- ally increased. Specifically for fiscal year lion in state aid funds be distributed among 1975, from Table 2, one sees that the greatest districts in a more equalizing manner in FY percentage growth in state-local tax revenue Case Study profit exemption of $34,000 that is sub- The Michigan ject to a $2 reduction for each $1 of federal taxable income greater than Single Business Tax $34,000; thus businesses with taxable in- One of the most significant and unique come greater than $51,000 get no bene- state fiscal actions in 1975 is the new fit from this exemption. Finally, individu- single business tax (SBT, H.B. 4640, als owning unincorporated businesses i.e.) enacted in Michigan. The SBT is are granted a 10 to 20 percent credit of basically a consumption type value-add- the SBT tax liability on the state per- ed tax to be levied on all forms of busi- sonal income tax. ness and professional activities, both The set of business taxes the SBT re- incorporated and unincorporated. When places represented some $800 million in the SBT becomes effective on January 1, state revenue. In addition, since the 1976, eight current business taxes in franchise tax, intangibles tax, and in- Michigan will end. The SBT replaced the come tax will hold on through the first corporate and financial institution income half of 1976, this new single business tax, the franchise tax, domestic insur- tax program will yield an extra $180 ance company privilege tax, the savings million revenue windfall. A large share and loan association privilege tax, the of the revenue from the SBT is ear- local personal property tax on inventor- marked for the state revenue sharing ies, the intangibles tax on business ac- program. In addition, some of these tivity, and the business section of the funds will be distributed to local units personal income tax. of government to substitute for the local The tax is levied at a rate of 2.3 per- property tax on inventories that was recent (except for transportation carriers pealed. who are taxed at .705 percent and sub- In signing the SBT into law in August, ject to the condition that tax liability be Michigan Governor William Milliken, no less than the average tax liability over noted that the SBT "represents a signif- the last five years) on a base equal to the icant reform by making Michigan's busi- sum of compensation, profits, deprecia- ness tax system simpler and more tion, and interest paid. The tax base for equitable." Said Milliken, "This tax dif- multistate businesses is apportioned ac- fers from any other in use in the United cording to a three-factor formula involv- States. Unlike familiar taxes on the sale ing the percentage of total property, of an item or service or on the receipt of payroll and sales relevant to Michigan. certain types of income or the ownership There is a 100 percent deduction for the of assets, the SBT is specifically de- cost of capital assets in Michigan grant- signed for a modern, industrial market ed the first year of acquisition. Business- economy." The SBT value-added format es may select one of two special adjust- is generally favored because it treats all ments: either a deduction for compensa- businesses in a manner that is inde- tion that exceeds 65 percent of the tax pendent of their legal form, provides no base, or a deduction that limits the ad- tax distortions in favor of capital or labor justed tax base to 50 percent of the busi- inputs, may stabilize state tax revenue, ness' gross receipts attributed to Mich- and is neutral with respect to various igan. There is also a small business/low- types of capital financing. occurred in the income tax, and that even the tax at either 5'2 or 1 percent when approved by absolute change in revenue dollars from the a majority of voters for cities with populations property and income taxes was not much dif- greater than 30,000 and which adjoined other ferent ($2,956 million growth in property tax states. Because of the conditions, only Fay- revenues versus $2,175 million in income tax etteville and Ft. Smith are eligible. revenue). Of course it would be incorrect to Colorado authorized county use taxes to ignore federal aid as an additional major com- complement previous county sales tax author- ponent of state-local revenue diversification. ity. Again, voter approval is required for Federal aid to state and local governments adoption. was $47.8 billion in fiscal 1975, second only In Georgia, approval for a 1 percent sales to the property tax as a source of revenue. tax with local voter choice was enacted. This Still, the growing importance of local sales law complements and makes effective a 1974 and income taxes cannot be ignored. In 1975, provision authorizing a local income tax of there was action in several states expanding 1 percent. Counties, and municipalities in lokal revenue opportunities while in one in- counties which do not adopt, are allowed to stance a local income tax was struck down. levy either the sales or income tax but not Arkansas authorized a local sales and use both, provided that the revenue from the new

Case Study for improvement of local financial management and for early detection of local New York City financial problems; that states enact and enforce legislation to regulate the Financial Emergency use of short-term operating debt; that local retirement systems be strictly reg- In any review of fiscal action in 1975, ulated by the states or replaced by cen- one event - the financial plight of New tralized state systems; that since states York City and the subsequent interaction are the logical providers of assistance in of the city, New York State, and the fed- financial emergencies, guidelines to in- eral government - is most important be- dicate when state action is necessary cause it highlights recurrent fiscal prob- and procedures to carry out those ac- lems of cities and identifies significant tions be adopted; and that the federal areas of concern in intergovernmental bankruptcy laws relating to local gov- fiscal relations. ernments be revised. In 1972, AClR considered many of While a complete analysis of the fi- these issues in its report, City Financial nancial problems of New York City and Emergencies: The Intergovernmental their causes is not possible here, some Dimension, which identified several of the important intergovernmental as- early warning signals of city financial pects of both the problem and various trouble and set out five recommenda- solutions can be highlighted. The city's tions for state and federal action. At immediate problem has been an inability that time, the Commission pointed out to borrow in the financial markets, in- that recurring operating fund deficits and cluding short-term obligations to smooth short-term operating loans outstanding the revenue-expenditure flow problem. at the end of a fiscal year were warning Assistance from the state in the emer- signs of a vulnerable fiscal situation or gency has been varied in form and in- impending fiscal crisis. To prevent and tensity. In April, the city was advanced deal with such crisis conditions, the $400 million in welfare aid payments Commission recommended establishing due from July to December, 1975, and a single state agency to be responsible again in May the city received a $200 tax is used for property tax reduction. The torate income tax rate from 6.7 percent to 10.5 tal tax revenue in the adopting year can be percent until January, 1976, (for a complete no greater than the previous year's property review of the New York City situation, see the tax revenue. case study). In New Mexico, a gross receipts tax of .25 Utah authorized an increase in the local percent was authorized for cities, towns, and sales and use tax rate from .5 to .75 percent, villages. In all four of the above states, the effective January, 1975. local sales tax is to be administered by the Washington expanded local authority to state. levy, upon voter approval, a sales and use tax In addition, New York State continued a 4 at rates of .l, .2, and .3 percent to finance percent sales tax for New York City, but re- public transportation (formerly only .3 per- quired that it be paid to the state Municipal cent). Also, the list of eligible jurisdictions Assistance Corporation until all of its notes was expanded. and bonds are paid. The state also authorized An approach to local revenue diversifica- New York City to expand its sales tax cover- tion in Oakland, California, was declared un- age to include services until August, 1976, constitutional in California Superior Court. and approved an increase in the city corpo- The city had enacted an employer license fee

million advance not expected until Jan- pect of the state's assistance was a uary-March, 1976. In June, the state moratorium on the payment of principal passed the New York State Municipal on $1.6 billion of city notes due between Assistance Corporation Act authorizing December, 1975, and June, 1976, for at the creation of an assistance corpora- least three years and a reduction of in- tion for any city that requests and re- terest after that period to 6 percent. As quires financial assistance to meet the an alternative, noteholders were allowed cost of essential services. The Municipal to exchange those city notes for ten year, Assistance Corporation for New York 8 percent MAC bonds. However, the City (MAC) was authorized to issue $3 moratorium plan is currently being con- billion in obligations to be used to assist tested in court by Flushing National the city and to receive the revenues from Bank. The outcome of that case may de- the citywide general sales tax. In ex- termine the future of New York City's change for the benefits from MAC, the financial condition. city is required to meet a number of con- After this response by both the city ditions and limitations on its financial and the state to the financial emer- activity. By November, more state action gency, the federal government offered was required. The state legislature au- help in late November. President Ford thorized a $205 million tax increase, in- proposed $2.3 billion in seasonal loans cluding an increase in personal and cor- to the city over the next three years to porate income tax rates, increased taxes smooth the revenue receipt flow. These on cigarettes, and added a 50 percent loans must be repaid within each fiscal surcharge on the state estate tax for city year. This plan was passed by Congress residents. An agreement was reached and signed by the President before year's that the major banks and city pension end. funds would delay collecting some $850 It is hoped that through this plan, million in city notes they hold. In addi- along with major cutbacks in city spend- tion, the city employee unions agreed to ing, a hiring freeze, and no increase in purchase $2.5 billion of city and MAC welfare expenditures through 1978, the securities over the next three years. city may balance its budget for fiscal The most unique and controversial as- 1978. of 1 percent on all salaries, wages, bonuses, In New Hampshire, a new municipal home- and commissions in excess of $1,625, to be- stead exemption was authorized for senior come effective July 1, 1976. The court based citizens. Municipalities can, with voter ap- a ruling of unconstitutionality on the fact that proval, provide the following exemptions to this was in reality an income tax which, with- qualified senior citizens: for ages 65 to 75, out specific constitutional authorization, is re- $5,000; ages 76-80, $10,000; and for ages served to the state. Oakland has argued that above 80, $20,000. Senior citizens qualify if as a charter city, home rule provisions al- they own their residences, have resided in lowed such a tax. The case is being appealed New Hampshire for five years, have income to the state supreme court. net of business expenses, social security, asset sales, and life insurance payments of Property Tax Relief less than $7,000 ($9,000 if married) and have assets of not more than $35,000. This new Property tax relief has been a major con- law is similar to one enacted in 1973, which cern of all state and local governments in was ruled invalid by the New Hampshire recent years. Concern about the property tax Supreme Court because it required that the has centered on its incidence, allegedly more equalized assessed value remaining after the regressive than other taxes at least at the low exemption must be at least $8,000. end of the income scale, and non-neutral in In addition, many states liberalized their its effects on both residential and non-resi- homestead relief programs by one or more of dential construction and maintenance. One of the following actions: increasing the maximum the most important programs states have income limit, lowering the age requirement, used to ease the burden of property taxes for raising the maximum property tax relief allow-income individuals is the circuit break- lowed, extending the program to include renter.6 These programs provide property tax re- ers, raising the percentage of rent construed ductions, rebates, or credits tied to household as property tax, or expanding the program to income levels. As of 1975, 25 states and the cover fully disabled individuals. States in this District of Columbia have state-financed cir- category were: Arizona, Arkansas, Colorado, cuit breaker programs. In addition, all states Illinois, Iowa, Kansas, Michigan, Minnesota, have some type of property tax relief program, Missouri, Montana, Nevada, New Hampshire, either a state-mandated reduction in valuation New Jersey, North Carolina, North Dakota, for special groups or state-authorized, but Ohio, Oregon, Utah, Washington, Wisconsin, locally financed, relief programs. During 1975 and Wyoming. only two new property tax relief programs Maryland repealed some provisions, re- were enacted, although a great number of enacted others, and generally changed its states revised their programs to provide 1974 homeowner and renter relief program, greater relief. the total effect of which was to decrease el- Washington enacted a new program, ef- igibility. Beginning with fiscal year 1975-1976 fective January 1, 1976. In addition to a and thereafter, only residents 60 years of age state-mandated, locally financed property tax and older are eligible while the 1974 law had reduction for senior citizens and the disabled, made all homeowners and renters eligible. these individuals can elect to defer property The credit, with a maximum of $750, is the taxes up to 80 percent of equity. Deferred property tax in excess of a percent of gross taxes are a lien on the property by the state. income, including social security. The scale Local jurisdictions are reimbursed by the ranges from 3 percent of the first $3,000 of state for all deferred taxes. There is an $8,000 income to 9 percent of income over $15,000. income limit in 1976, increased in each suc- In addition, the credit is not allowed if an in- cessive year by the consumer price index, dividual's net worth is greater than $1 50,000. and individuals are eligible as long as they continue to own their own residence. There Indirect Property Tax Relief- is also a provision to allow surviving spouses Tax Limits to continue the deferral. A second, albeit more indirect means of providing property tax relief are state-imposed The Voters Speak taxation and expenditure limits on local government. These controls range from property While 1975 was not a major year for new tax rate limits to limits on the change in prop- state fiscal programs, it was a year in which erty tax levies to ceilings on all tax collections many questions were put to the voters at the or expenditures. While these controls are November general election. Moreover, the long-established features of our intergovern- response of the electorate was overwhelm- mental fiscal system, the concern now about ingly against new taxes and against major government growth has spurred a resurgence new capital spending programs. No one can of interest in state control of taxing and offer a certain explanation for this reaction, spending power and has induced development but the current economic squeeze of concur- of new varieties of control. Since 1973, 17 rent recession and inflation and the much states have significantly overhauled their local publicized fiscal problems in New York City taxation or expenditure limits. Although no appear to be major factors. While it is very new major or comprehensive controls were feasible that these factors created a nay enacted in 1975, several important programs saying attitude in 1975, it will be interesting were reenacted or slightly revised and, in one to watch for trends in the election results on state, limits were repealed. fiscal issues in the next several years to In Georgia, as noted above, local authoriza- determine if the political process might erect tion for use of the income and sales tax was a barrier to a larger public sector. tied to a freeze on total revenue collections. At the polls in November, 1975, no new tax- A group of states - Iowa, New Mexico, es were approved while in one state a tax re- and North Carolina - made small changes lief program was expanded. In addition, some in their property tax rate limits and perhaps 90 percent of the $7.2 billion of bond requests more interestingly expressed the maximum was rejected (only in 1968 was larger volume rates in cents per $1,000 assessed value of bond issues requested, $9.1 billion). In rather than the less easily understood tradition contrast, in 1972, 75 percent of the bond re- of mills. quests were approved, while in 1974 only 45 Two states took action in 1975 to prohibit percent were approved. windfall property tax revenue gains after a All of the bond issues on the ballot in Cal- statewide property revaluation. In Michigan, ifornia were for local districts: $35 million in local millage rates must be changed after a bonds for water transmission in the Pomona revaluation so that local tax levies change no Valley Municipal Water District and an $11.7 more than they would have without the reval- million issue for the San Diego Community uation. While in South Carolina, total levy in- Building were defeated. The issues approved creases in any jurisdiction of more than 1 were $69.7 million for water and sewer fa- percent as a result of assessment changes cilities in the lrvine Ranch Water Treatment only are not allowed. District and $10 million for the Elk Grove Unit- Minnesota revised its property tax levy lim- ed School District. it, originally enacted in 1973, so that it now In Hartford, Connecticut, a $6 million issue covers only municipalities listed as cities, for schools and pollution control was ac- statutory cities, or towns with statutory city cepted. powers, the population of which is 2,500 or Maine voters approved $14.5 million in greater. An exception to the 6 percent levy in- bonds for highway and bridge construction crease limit was also provided to compensate and for renovation of a University of Maine for the cost of new services required because dormitory. of changes in state law. In Baltimore, Maryland, issues totalling Finally, in 1975, Wisconsin reenacted its $58.7 million were accepted, while a $5.7 levy increase limit originally begun in 1973. million issue was defeated. Local property tax levy increases in Wisconsin In New Jersey, $922 million in economic are limited to the percentage increase in recovery bonds, most for capital construction statewide equalized value. and including $600 million for transportation, were soundly defeated. At the same time, overstated and that fiscal reactions were re- New Jersey voters approved constitutional quired to avoid deficits that are for most amendments authorizing the legislature to states unconstitutional. In fact, as the year expand property tax relief to cover the dis- end approached, more and more states an- abled and to grant additional credits or nounced budget cutbacks of varying propor- rebates for property tax relief. tions and techniques. Some states also react- New York voters turned down a $250 mil- ed to the situation by raising taxes; these ac- lion bond request to construct public housing tions were catalogued in an earlier section. for the elderly. State actions in 1975 to cut budget expendi- The largest issues were submitted in Ohio tures for fiscal 1975 and fiscal 1976 are re- where the voters rejected Governor James corded here. Rhodes' $4.5 billion bond package of econom- In October of 1975, Governor Jay Ham- ic recovery measures. Included in the pack- mond of Alaska announced that state spend- age were proposals for capital improvement ing in fiscal year 1975-1976 had been cut by and various transportation projects. Ohio some $8 million over the announced budget. voters also defeated proposed increases in The reduction was made entirely at the ex- the sales and fuel tax rates that were linked pense of the administrative branch of state to the bond proposals. However, at the local government by cutting all departments in ar- level in Ohio, about $248 million in bond is- eas that will reportedly not affect their operat- sues were approved, while about $1 11 million ing efficiency. Many of Alaska's current were rejected. In Columbus, for example, economic problems, and, indeed, their im- eight issues totaling some $219 million were mediate future solution hinge on the result approved. of oil and gas resource development. The In Pennsylvania, a $10 million issue to state began numerous new social programs support a loan program for volunteer fire de- after receiving a huge cash bonus of $900 partment equipment was approved and in million in 1969 for oil leases. Now these pro- Philadelphia, a $61 million issue was also ap- grams are underway and continued financing proved. is required. In addition, oil and gas resource A new constitution for the state of Texas development has increased the demand for was rejected by the voters there. Among the state public services. However, delay in com- proposals lost in that defeat were proposed pletion of the pipeline has postponed expected sales tax exemptions for food, prescription revenues from oil and gas production. These drugs, and some agricultural machinery and budget cutbacks are part of a package of fis- resources. cal measures designed to alleviate this cur- In Ariington County, Virginia, a $21 million rent fiscal problem. issue for waste water treatment was ap- In Connecticut, Governor Ella Grasso pro- proved, while $40 million in various construc- posed an increase in the state work week to tion projects went down to defeat. 40 hours to avoid overtime costs in an attempt Finally, voters in Washington defeated a to offset a possible $80 million deficit. Since proposal for a 12 percent corporate profits that proposal was not approved by the legis- tax to be used in lieu of special school prop- lature, Governor Grasso has laid off nearly erty tax levies. 6,000 state employees. In June, Georgia prohibited additional state State Budgetary Cutbacks hiring and out-of-state travel and eliminated some proposed capital outlays. The governor In the introduction to this chapter, it was also asked a special legislative session for a suggested that 1975 had been a turning point $108 million cut in the 1975-1976 budget. for many states, a period of transition from Illinois has faced a series of budget prob- relative fiscal ease and surpluses to fiscal lems since the end of fiscal 1975. The state pressure and impending deficits. By the mid- surplus had dwindled to half its expected size dle of 1975, many states realized that revenue by the end of fiscal 1975, and a potential projections for fiscal year 1975-1 976 were $200 million deficit was foreseen for fiscal 1976. In June, a 6 percent across the board the new federal system with an immediate cut in fiscal 1976 appropriations was made gain in federal funds, and to eliminate the that would save $330 million. By October, state veterans trust fund and motor vehicle however, a new problem emerged: the state accident claims fund, financing those pro- was experiencing a liquidity problem that grams out of general revenue. threatened the state's ability to meet all fi- In Nebraska, the legislature was called into nancial requirements. In response, Governor special session in October to consider a vari- Dan Walker established a state central cash ety of measures to avoid a potential $10 mil- management system to coordinate demands lion deficit in January, 1976. on the state account and reiterated again the In New York, Governor Hugh Carey institut- need for the previous budget cuts urging the ed a hiring freeze in January, 1975, that had legislature not to override his appropriation resulted in a reduction of approximately 2,500 vetoes. permanent positions by June. Massachusetts is another state that has Another state in which quick and decisive faced continuous and serious budget difficul- action was necessary to avoid serious finan- ties. When a new state administration came cial problems was Rhode Island. Like the into power in 1975, the state's fiscal situation Michigan case, Rhode Island has been hard was in serious condition. Large deficits were hit by the recession and by rising fuel costs. forecast for fiscal 1975 and 1976. To correct In addition, the state has not yet recovered this situation, over 2,600 state positions have from military base closings in 1973. The com- been eliminated since January, 1975. Still, bination of these forces has caused unem- the state had to borrow $450 million to meet ployment to hover in the neighborhood of 14 obligations in fiscal 1975 and was forced to percent, about the highest in the nation. In increase taxes to repay those loans. A $500 January, a freeze on state hiring and filling million reduction in state spending was made vacant positions was imposed with a resulting in the current budget, with deep cuts in medi- reduction of 1,450 state positions and a $2.1 caid and general public relief funds. Still un- million savings in fiscal 1975. In addition, able to balance the budget for fiscal 1976, state employees' overtime was cut, saving major new tax increases were required. $1.5 million in fiscal 1975 and an expected $1 Michigan is a state that has been adversely million in fiscal 1976, and a 5 percent de- affected by the recession both on the tax and crease in employee compensation was ac- expenditure sides of the budget. Severe lay- complished by shortening the work-day by offs in the automobile industry have raised one-half hour. In addition, the fiscal 1975- demands on the state public assistance pro- 1976 budget was cut so that a potential deficit gram, while the economic slowdown in the of nearly $3.8 million can be avoided. industry has cut expected tax revenue sharp- Also, Vermont faced a potential $9 million ly. By October, the state projected a potential deficit. Measures to avoid that problem were $300 million deficit for fiscal 1976-1977 unless being considered by a special legislative ses- action was taken. The largest factor in this sion in October. potential deficit is a need for $130 million in In Virginia, to avoid a projected deficit, supplemental social services funding. Another the governor has ordered a 5 percent de- important factor is a disagreement over a $50 crease in spending by state agencies, a ban million federal reimbursement for certain wel- on state hiring, and a 5 percent cut in state fare services; the state believes it is entitled aid to local schools. to these monies from the federal government, This report on state budget cutbacks out- but Washington has not made the payment. lines only those states with the most serious Governor William Milliken proposed to close problems. Many others have limited additional the deficit by cutting $150 million with a 3.5 hiring, are considering areas in which spend- percent reduction in most state agency bud- ing reductions might be made in the future, or gets in addition to a previously announced are using surpluses from past years to avoid cut of 1.5 percent. Further, he intends to deficits in fiscal 1975-1976. change the state fiscal year to conform with Finally, it should be noted that some states are still enjoying strong revenue increases and personal income registered a 10.4 rise and resultant surplus conditions. Many of over the first three quarters of fiscal 1975. these states are rich in energy resources and have been able to exploit the "energy crisis" situation. Texas, West Virginia, Ken- FOOTNOTES tucky, Oklahoma, and Arkansas fall into this category. Other states - particularly those 'See ACIR. Changing Publ~cAtt~tudes on Government and Taxes. with strong agricultural sectors - are also S-4. July 1975 in strong fiscal positions: Iowa had a $260 2ACIR staff computatlons. million surplus in fiscal 1975, Minnesota en- 3ACIR staff computatlons 4For a general review of state a~dIssues, see ACIR, State Aid to joyed a $400 million surplus at the end of Local Government. A-34. April 1969 fiscal 1975. California had a surplus of over 5ACIR. Local Revenue Diversification: Income. Sales Taxes and $300 million at the end of fiscal year 1975. In User Charges. A-47. October 1974, and State and Local "Doing Washington, revenue collections in fiscal 1975 Business" Taxes on Out-of-State F~nancialDepositories. report by ACIR to the Comm~tteeon Bank~ng,Houslng and Urban Affalrs, U.S were up about 14 percent over the previous Senate. May 1975 year, although part of this increase resulted 6For a complete explanation of circuit breaker operation, see ACIR, from a new state property tax and a shift of Property Tax Circu~tBreakers. Current Status and Policy Issues, some school financing to the state level. A M-87. February 1975 large increase also occurred in sales tax reve- 'For more information on bus~nesstaxation In Mich~ganand on the SBT particularly, see Michigan's New Single Business Tax, Mich~gan nue, however, which can be explained by the State Chamber of Commerce, September 1975. relatively strong Washington state economy: BACIR, City Financial Emergencies: The Intergovernmental Dimen- employment increased 2.9 percent in 1975 sion. A-42, July 1973 DEVELOPMENT,- AND GROWTH

ne of the nation's most important issues in the 1970's has been how to protect the 0environment without stifling economic growth or wasting scarce and expensive energy. Intergovernmental relationships are particularly crucial in this area, and the interaction between state and local governments is very important: national, state, and local goals and objectives may conflict with each other and those conflicts must be resolved if any controls are to be effective. State actions in this policy area in 1975 tended to be less of a direct reaction to short- range energy scarcity and more directed to the long-term implications of the use of our air, water, and land resources. One state required certain state activities to comply with local land use plans and requirements. Three enactments provided increased state assistance to local governments to fulfill their part of state planning. Twelve states mandated some form of local planning, ranging from specific zoning ordinance requirements to comprehensive plans. Seven enactments dealt with increasing the capacity of local governments to meet environmental and land use needs, usually by permitting localities to issue revenue bonds to finance pollution control facilities. Three states moved toward the development of a comprehensive statewide land use plan, while waiver (SB 125). The act also applies to any 14 enactments around the nation grappled state agency acquiring land within a munici- with the ever-important issue of strip mining pality or exercising platting jurisdiction and regulation, control, and reclamation. power which results in a boundary change. SB One new area of action emerged in 1975 - 376 was enacted to require the disclosure of the protection of the family farm. The concern the ownership interest of non-resident aliens has grown out of a variety of recent trends - in land and corporations doing business in the tendency of some to invest in farming the state. operations with the intention of losing money Arizona cities and towns were authorized in order to claim a tax loss, vertical monop- to regulate by ordinance land splits within olies which control the nation's food sup- their corporate limits. A land split is defined plies from the field to the grocery store, and as the division of improved or unimproved foreign investment in United States farming land with an area of 2.5 acres or less into operations. Four states enacted legislation two or three tracts of land for the purpose designed to restrict, and in some cases out- of sale or lease. The municipal regulation of law, corporate and foreign investment in farm- land splits may govern the division lines and ing operations. the area and shape of the tracts, but not the The Alaska Department of Public Works sale or lease terms or conditions. must now comply with all local planning and The Arizona Legislature also acted to deal zoning ordinances and regulations unless the with three types of pollution - air, water, and state can show an overriding state interest, sight. HB 2313 requires that motor vehicle in which case the governor may grant a emissions be measured as part of auto in-

for a 200-foot wide "green belt" around Case Study the city, to serve as a boundary for urban expansion on the north and east edges California Localities for the city. The 500 dwelling unit permits are issued to builders through the Act-~ - to Curb Urban Sprawl use of an intricate point system relating Petaluma, a suburb 40 miles north to the city's general plan and environ- of San Francisco, has experienced a mental design plans, good architectural remarkable rate of growth in recent design, and the provision of low- and years (25 percent from 1970 to 1972). moderate-income dwelling units, as well The city adopted several resolutions in as recreational facilities. 1972, now known as the Petaluma Plan, The U.S. Ninth Circuit Court of Ap- to retard the accelerating growth of the peals reversed a lower court and ruled city, to correct the imbalance between in August that the plan was constitution- single family and multifamily dwellings, al. Petahma's resolutions state that and to curb the sprawl of the city to the their purpose is to "protect its small east and north. The plan, which covers a town character and surrounding open five-year period (1972-1 977), fixes a space." Opponents contend that the in- housing development growth rate not to tent is to "limit Petaluma's demographic exceed 500 dwelling units per year. The and market growth in housing and in the limitation is only on housing units that are immigration of new residents." The lower part of projects involving five units or court had upheld the view of the op- more, so the plan does not affect any ponents. housing and population growth due to However, the appeals court pointed construction of single family homes or out that the Petaluma Plan did not limit four-unit apartments. The plan also calls all residential housing to 500 units, but spection beginning in 1976. However, no min- it is determined that adequate screening is imum standards will have to be met until not possible or economically feasible. Relo- 1977. The Department of Health Services may cation assistance payments and eminent do- exempt any class of motor vehicle or the main damages will be made to owners of sales of vehicles between private parties, at affected junkyards within 1,000 feet of inter- auction, or of derelict vehicles from testing. state or primary highways and in violation of SB 1098 allows the Department of Health state or local nuisance or zoning laws or Services to issue 90-day temporary condition- ordinances, except no damages will be paid al permits for air pollution sources to vary to junkyards established after May 11, 1971. from the state standards and allows for re- Arkansas Act 153 permits municipalities newals of the permits for up to one year. The and counties to issue bonds for pollution con- permits were previously not renewable. The trol facilities, and then lend that money to a act also authorizes temporary one-year per- privately owned business or group of busi- mits (renewable for one more year) when new nesses to be used to construct or purchase department standards require the implemen- pollution control equipment. A private organ- tation of air pollution control strategies ne- ization which receives such a loan does not cessitating the installation of new or different have to use any of its land, buildings, facil- equipment. HB 2205 amended the state laws ities, etc., as security for the loan. Act 309 on water pollution control permits to conform stipulates that contiguous lands assessed as to federal requirements. And SB 1104 autho- being best suited for agricultural or horticul- rized the Department of Transportation to re-' tural purposes may not be annexed to mu- quire the removal or disposal of junkyards if nicipalities by the usual 2/3 vote of the govern-

that it exempted all projects of four tion of Bay Area Governments (ABAG) units or less and that the original plain- in metropolitan San Francisco voted 23 tiffs offered no evidence as to the num- to 2 to reject a proposal for a major new ber of exempt units expected to be built community. ABAG said a new com- during the five-year period. The court munity "should be started only when en- further assumed that, absent the plan, vironmental and urban development Petaluma would grow at a faster rate problems can be substantially resolved during the five-year period. The court . . . building should occur in central found that if the plan were adopted on a cities and other existing cities with avail- regional basis it would create a serious able facilities and services. New com- housing shortage in the San Francisco munities can be a part of this process metropolitan area, but when considered provided they support the full range of with respect to Petaluma only, there was regional policies." One of ABAG's most "no evidence to suggest that there would important recommendations was that the be a deterioration in the quality and area's public agencies should develop choice of housing available there to per- a coordinated program for making deci- sons in the lower and middle income sions on the location, timing, and magni- brackets." The court then concluded that tude of major developments and the the concept of the public welfare was public services they require. sufficiently broad to uphold the Petaluma Cases on related issues in New Jer- Plan and its goals of preserving its small sey and Ohio were decided, too, on the town character and open spaces and peculiar circumstances of each jurisdic- growing at an orderly and deliberate tion, but, taken as a group, they suggest pace. the likelihood of more such local actions Another California local action to con- and subsequent court involvement in the trol growth was taken when the Associa- future. ing body. Instead, the issue must be deter- The California Legislature also imposed a mined at a special election. The time for legal moratorium on the placing of pipelines or action to block the annexation is reduced other related facilities from offshore drilling from 60 to 30 days after the election. Act 274 rigs on or across state tidelands within the authorizes the state Department of Local coastal zone until after December 31, 1977 Services to make grants and loans toward (AB ,180). Controls were placed on surface financing water, sewer, andlor solid waste mining operations (SB 756). That act also management systems to be constructed by provides for the reclamation of land which cities andlor counties. The act specifically has been strip mined. provides opportunities for cities, towns, and Colorado counties and municipalities may counties to apply jointly for the loans and now issue revenue bonds for the removal of grants. sewage and solid waste (SB 57). Governor California AB 108 deleted requirements for Richard Lamm issued two orders in this sub- lower noise limits for automobiles manufac- ject area in 1975. A new state energy policy tured after 1974. The state Air Resources committee was created to help determine the Board adopted the nation's first anti-smog pace of oil shale development. And state em- regulations for motorcycles. The Chrysler Cor- ployees were ordered to save waste paper for poration paid $328,200 in fines for selling cars return to the company which supplies the which the state Air Resources Board said did state's computer printout paper. In addition not meet emission standards. to the environmental benefits from recycling

Case Study to designate a planning body by July 1, 1976, the state land planning agency assumes the responsibilities of a local Florida Addresses Problems planning agency for that jurisdiction. of Land Use, Growth Municipalities and counties may enter into official joint agreements to meet and the Environment the act's requirements through a regional planning agency if they so desire. The Florida Legislature passed a se- Before a plan can be adopted, a local ries of bills to deal with questions of government must submit a copy for re- land use, environmental protection, and view to the state land planning agency new communities. and to any regional agency operating in The Local Government Comprehensive the area. Planning Act of 1975 (HB 782) requires The act includes a list of items which all local governments to develop and must be in all local comprehensive plans. adopt comprehensive land use plans by A list of optional elements is also in- 1979. The act also requires that all cluded. Communities of more than public or private development and land 50,000 are required to have a mass development regulations be consistent transportation element which shows pro- with the adopted plans. That provision posed methods for moving people, rights makes Florida one of the few states in of way, terminals, related facilities, and the nation with a law which specifically fiscal considerations. Those larger com- requires that regulations be in confor- munities must also include an element mance with the plan. and plans for port, aviation, and related Of Florida's 392 municipalities and 67 facilities coordinated with the general counties, about one-third have no land circulation and transportation element. development regulations or zoning at the The law stipulates that planning pro- present time. If a local government fails grams be continuous and ongoing. the paper, the state will receive a financial facilities. The legislature also enacted three bonus - the company will pay the state $38 comprehensive measures, one each dealing a ton for the waste paper. with land use, environmental, and develop- HB 8554 replaced the Connecticut Energy ment and growth planning. See the case Agency with the Department of Planning and study for the details of these measures. Energy Policy. In addition to those previously The Georgia Erosion and Sedimentation performed by the energy agency, the func- Act of 1975 (HB 174) requires the governing tions of the new department include regional body of each county and municipality to adopt planning for land use, transportation, labor, a comprehensive ordinance establishing the housing, etc.; water resources planning; and procedures governing land disturbing activi- the designation of planning regions. ties which are conducted within their respec- The State Planning Office in Delaware pub- tive boundaries. The act provides for minimum lished The Quality of Life in Delaware: An requirements for such ordinances. "Land dis- Overview. The report represents the first turbing activities" are defined to include any attempt made by the State Planning Office to land changes which result in soil erosion. measure the state's quality of life through a HB 149, the Oil and Gas and Deep Drilling compilation of assorted socio-economic indi- Act of 1975, authorizes the Board of Natural cators. Resources to regulate the drilling and subse- Florida HB 1201 authorized counties to is- quent use of oil and gas and other deep wells. sue revenue bonds to finance pollution control And the Georgia Supreme Court ruled on

The New Communities Act of 1975 nent domain and the ability to issue (HB 178) authorizes the creation of new bonds are included. community districts. The state would A general clause in the act requires make the designations of the districts that the proposed district show a com- and grant certain limited powers as in- mitment to comply with all ecological, dependent special improvement districts. environmental, economic, and other A developer would present a petition to governmental, procedural, and policy the county or municipality with jurisdic- requirements of state and local general tion over most of the land in which the purpose government. Each district is district would be located. Before a peti- governed by the state's regulatory and tion can be submitted certain conditions other agencies as if it were a general must be met: the proposed district can purpose government. be no less than 1,000 acres unless the An environmental bill (HB 1201) was land is wholly within one or more mu- passed to facilitate the financing of nicipalities; the petitioner must have capital projects for industrial or manu- control of 75 percent of the land; the facturing plants and pollution control proposed district should be able to show facilities. The act encourages the plan- a capability to build facilities compatible ning and development of the capital with the overall general purpose govern- projects without regard to the bounda- ment facilities in the area; and 5 to 25 ries between counties, municipalities, percent of the housing in the first five special districts, or other local govern- years of development must be committed mental bodies or agencies. Counties to low- and moderate-income housing. are empowered to issue revenue bonds The law permits the district to operate for the purpose of financing and provid- much like a municipality and eventually ing funds to pay the cost of pollution con- to incorporate as one. No direct state fi- trol facilities or devices, or to provide nancial subsidy is offered to the new facilities for the furnishing of water or communities, but some rights of emi- sewage or solid waste disposal. September 16 that all zoning decisions by ldaho also adopted a land use planning local governments are subject to court re- law which requires comprehensive land use view to determine whether the public good plans and zoning ordinances by local gov- outweighs the property owners' loss. ernments. In addition, the ldaho Tomorrow Hawaii adopted a statewide, comprehen- program, a statewide conference, drafted sive land use planning process (HB 677). plans early in the year. The statewide con- The act instructs the director of planning and ference was followed by six regional confer- economic development to develop and coor- ences. All together, more than 1,000 people dinate a comprehensive plan which is to be participated in the series, the goal of which drafted by a newly created policy council. was "to guide the growth of [the] state The members of the policy council are the and to maintain its superior quality of life." planning directors of each county and the In October, local conferences were held in department chairmen or directors of the De- communities throughout the state where the partments of Agriculture, Budget and Finance, plans were discussed and final recommenda- Planning and Economic Development, Educa- tions were drafted. A statewide telephone sur- tion, Land and Natural Resources, Hawaii vey which climaxed the program found that Housing Authority, Transportation, and Land Idahoans want economic growth to proceed Use Commission. The state plan must be sub- at or above the present rate, and that they mitted to the legislature by January 1, 1977, overwhelmingly prefer non-polluting industry. and any revisions of that plan must also be The Illinois Mined Land Reclamation submitted to the legislature. Within two years Council was created (HB 11 14) to authorize of the legislative enactment of the plan or any the reclamation of land which was strip- amendrnents to it, each county's general mined before 1962. The Department of Mines plans must be in conformity with the state and Minerals would acquire the land and re- plan. The state plan is to be reviewed on an store it to useable condition, then convert it ongoing basis - a comprehensive review to state use, transfer it to a local govern- every fourth year and an annual policy review ment, or sell it at public auction. Another of legislation and programs having a major strip-mining measure (HB 1277) requires that statewide or county impact are required. The mining companies set aside dark top soil to state plan is to include general, social, eco- be used later as row crop farm land when the nomic, environmental, and physical objectives land is reclaimed. The act also extends rec- as they relate to the welfare and prosperity lamation reqbirements to land and water af- of the people of the state. fected by coal mine run-offs, as well as in- The Land Use Commission was also estab- creasing both the amount of information strip lished by the Hawaii Legislature (HB 1870). mining operations must make available to the The nine-member commission, appointed by public and the amount of the bond which must the governor, has a member from each be posted before strip mine operations may county. The procedures of the commission begin. were changed from quasi-legislative to quasi- Indiana HB 1176 provides that a member of judicial. The act also adopted an Interim the county council must serve on the county Statewide Land Use Guidance Policy which, planning commission. in effect, discourages further urbanization of The Iowa Legislature enacted provisions the state's lands until the long-range land regulating the disposal of coal wastes and use policies of the state are adopted in 1977. the revegetation of land affected by strip Another measure (SB 42) established special mining (SB 314). The act, which was taken interim management along the shoreline and from the vetoed federal Surface Mining Con- within 100 yards of the beach vegetation line trol and Reclamation Act of 1974, also pro- until a comprehensive coastal zone manage- vides for the designation by the Department ment plan is proposed and adopted. The act of Soil Conservation of lands unsuitable for also directs each county to establish a special the surface mining of coal on the basis of a management area and administer a relative mine and rehabilitation plan required to be permit system. submitted by the coal operator at the time of registration of a site. A measure designed to ment plan, the state may make its own plans protect the existence of the family farm was for selling or leasing the land. also passed (HB 215). The act prohibits any The Massachusetts Growth Policy Devel- processor or limited partnership, with certain opment Act calls for the creation of local exceptions, from owning, controlling, or op- growth policy committees in each of the erating a feedlot and calls for divestment state's 351 cities and towns. Each local com- of such holdings by January 1, 1985. A one- mittee will fill out a questionnaire being de- year moratorium was declared on the ac- veloped by the Office of State Planning. The quisition of agricultural land by corporations questionnaires will ask localities to make other than family farm corporations or autho- specific suggestions for ways that state in- rized farm corporations defined in the act, vestment programs and regulatory powers and corporations, limited partnerships, can be used to achieve community objectives. fiduciaries, non-resident aliens, and non- A second questionnaire will ask regional resident alien corporations are required to planning agencies to summarize the munici- disclose in annual reports the agricultural palities' responses to key development issues activities in which they are engaged, whether and to address development issues from a on owned or leased lands. regional perspective. The Office of State A 1974 Kentucky law requiring a surface Planning will prepare a final report, with rec- owner's consent for strip-mining was declared ommendations, for the Legislative Commis- unconstitutional by the state court of appeals sion on Growth Patterns which will then pre- in May. Affected by the law were broad-form pare the legislation it finds to be required deeds which granted mineral rights owners as a result of the year-long process. the right to use the surface to mine. Most of The Commission on Maine's Future was the deeds were signed at the turn of the cen- created by the legislature and appointed by tury before strip-mining was widespread. Governor James Longley. The commission will The Kansas secretary of health and envi- solicit opinions and ideas from the state's ronment was authorized (SB 359) to issue citizens and use statistical projections to out- revenue bonds and make grants from the pro- line a comprehensive plan for future state ceeds to local units of government for the policies. construction or expansion of water pollution The Michigan Supreme Court upheld a 1970 control facilities. law allowing citizens to sue to stop projects The Maryland Legislature enacted a law that may damage the environment. The court (Chap. 581) regulating surface mining other ruled that once plaintiffs showed that a proj- than coal (which is already regulated) and es- ect would harm the environment, the project tablishing the Surface Mined Land Reclama- could not proceed unless the public interest tion Fund. compelled it and there was no feasible al- Massachusetts Governor Michael Dukakis ternative. issued an executive order creating a new Missouri HB 655 prohibits corporations, position of director of the Office of State except for family corporations, from engaging Planning. The director will oversee the plan- in farm operations and from acquiring agricul- ning efforts of all state agencies and direct tural lands. Corporations with any interest the development of a long-range state land in farming operations or agricultural land use and growth plan. Another law created a must file reports with the state Department state land bank to preserve surplus military of Agriculture. bases that eventually may be used for indus- The Montana Economic Development Act trial development. Under the provisions of (HB 672) requires that by 1978 each county the act, the state could issue up to $40 mil- and incorporated city and town must have lion in bonds to buy 300 acres at four surplus prepared for its jurisdictional area a land use facilities. The act gives city officials two years plan which classifies all lands into six cate- to develop plans for the land or lease it for gories: agricultural, residential, commercial, development purposes. If city or regional industrial, recreational, or open space. All planners cannot come up with a redevelop- cities and towns that already have zoning laws must comply with the act by January, mation of mined lands and defines the pow- 1976. If any local government fails to de- ers and duties of the board concerning the velop such plans, the Planning Division of reclamation. Also prescribed are methods the Department of Community Affairs is of enforcement, including recourse to the authorized to do its land use planning for it. courts. Nebraska counties in a Standard Metro- A 1973 New Jersey law which bans the politan Statistical Area must prepare com- dumping of out-of-state garbage in the state prehensive development plans by July 1, 1977 was upheld by the state supreme court in (LB 317). If municipalities within that county November. A lower court had ruled that the are not adequately enforcing land use regula- ban conflicted with interstate commerce, but tions, the counties may take that power over. the state supreme court reversed that ruling. The state Office of Planning and Programming New Mexico (HB 147) provided a "tax in- must examine the land use regulation pro- crement" method as a new alternative method grams of all counties and municipalities, and for financing urban renewal projects in all a confidential report listing the inconsistencies municipalities. The act created a municipal between state law and local procedure will urban development fund and earmarked for be sent to each subdivision. If those defi- it, rather than those units of government ciencies are not corrected within three sharing in property tax revenue, that part of months, the state will publish a report of the property tax receipts directly resulting from deficiency in a local newspaper. In addition, increases in net taxable value of property all municipalities and counties must file a rehabilitated or improved because of its in- current copy of its zoning and subdivision reg- clusion within an urban renewal project. The ulations with the state Office of Planning and money in the fund may be used only for the Programming. purposes authorized in the Urban Develop- The Nebraska Legislature also enacted a ment Law. law (LB 410) making several changes in the New York state agencies and local gov- zoning laws and extending zoning authority ernments are now required to prepare en- to second class cities and villages. The act vironmental impact statements. In signing the makes it clear that comprehensive zoning law (AB 4533), which is patterned after the regulations rather than individual council or- federal National Environmental Policy Act, dinances should be the method of controlling Governor Hugh Carey stated that "in recent development. Any development of land which years it has become abundently clear that is subdivided into lots of ten acres or less state and local agencies have not given suf- falls under the regulations. The act also gives ficient consideration to environmental factors first and second class cities and villages the when undertaking or approving various proj- power to adopt building, plumbing, fire pre- ects or activities. The bill requires the prep- vention, electrical, and other codes related aration of an impact statement which must to new construction. LB 203 requires corpora- consider in detail the environmental implications owning or leasing agricultural land in tions of any proposed projects or activity. the state to file a report with the secretary With the information which will be provided of state detailing the ownership of the cor- by these statements, state and local officials poration, the size of the operation, the loca- will be in a better position to make decisions tion of the agricultural land, and the residency which are in the best overall interest of the of the owners. The intent of the legislation is people of the state." to document any anticompetitive forces at New York also began a $2.5 billion Envi- work in the agricultural industry in the state. ronmental Public Works Program, the largest The Nevada Legislature created a vehicle of its kind in the nation. The program will re- emission control section in the Registration sult in the construction of 205 projects within Division of the Department of Motor Vehicles. the next five years to clean up the state's Nevada placed mining under the jurisdiction lakes, rivers, and streams. The program is of the Board of Oil and Gas Conservation. expected to provide at least 100,000 workers The act (HB 323) also provides for the recla- with employment of six months or more. The North Carolina Legislature enacted tax clear power plants before they can be built. write-offs for companies for investment in re- Virginia (HB 1304) requires every local cycling and resource recovery facilities (SB government to establish by July 1, 1976, a 369). Also enacted was the Comprehensive planning commission to promote its orderly Radiation Protection Act (SB 75). development; to have by July 1, 1980, a com- North Dakota created the Regional Envi- prehensive plan for such development; and to ronmental Assessment Program to monitor have by July 1, 1977, a subdivision ordinance. development problems in the state, marshal A 200-page report prepared by the Alterna- information concerning development, and tives for Washington Statewide Task Force provide officials with energy development al- was released in 1975. The report makes rec- ternatives (Chap. 4). Three strip-mining ommendations regarding physical aspects of measures were also enacted. Chapter 318 the state's growth, as well as some high amended the 1973 Strip Mining Act to require priority human concerns, which were derived that five feet of overburden be replaced in from a process which involved considerable reclaiming the land, Chapter 321 requires the citizen input. consent of a surface owner before minerals A 1975 West Virginia law (HB 649) pro- may be extracted, and Chapter 320 mandates hibits the issuance of permits for the surface a 15-day cooling off period before coal leases mining of coal in counties where no surface become binding. mining existed under permit during the years Each South Dakota county must prepare 1970-1977. The moratorium blocks further comprehensive planning and zoning maps by strip-mining in 22 of the state's 55 counties. July 1, 1976 (HB 501). The comprehensive The Wisconsin Legislature enacted a law plan is to be for the purpose of protecting (AB 463) to "safeguard the public interest and and guiding the physical, social, economic, provide for orderly power plant and utility line and environmental development of the county. development." Utility companies are required HB 503 makes the same requirements of cit- to file ten-year plans with the state Public ies. Any city may contract with its county's Service Commission, outlining proposals re- Board of Planning and Zoning Services for garding the construction of power generating assistance. Alternatively, a city may elect facilities and route transmission lines. After to delegate its planning and zoning powers to review, public hearings, and comment, the the county board. SB 288 requires reclama- commission would have to approve or deny tion of strip-mined land. The act also estab- the plans or require their alteration to meet lished exploration controls. the public interest. Key considerations in the The Tennessee surface mining laws were commission's review are to be the plans' extended to include all coal operators mining economic impact, safety, reliability, efficien- 25 or more tons of coal annually (SB 549). cy, and environmental integrity. Special at- The Texas Surfacing Mining and Reclama- tention is to be paid to the rights of land- tion Act (SB 55) provides for controlling and owners, the need to preserve prime agricul- regulating the exploration for and the surface tural land, and environmental safeguards. mining of coal, lignite, uranium, and uranium Utility companies must update their reports ore. The control and regulatory authority every two years. The plans are to be reviewed was placed in the Railroad Commission, by state agencies, regional planning com- which has traditionally served as the regula- missions, and local governments. tory body for utilities and some industries The 1975 Wyoming Land Use Planning Act in addition to railroads. The commission was (AB 112) established a new state office to given responsibility for issuing permits cov- oversee the drafting of land use plans in each ering surface mining operations. The com- of the state's 23 counties by the end of the mission was also authorized to designate cer- decade. A new state land use commission tain land unsuitable for permits for all or cer- and advisory council were established to as- tain types of surface mining operations. sist in compiling the local plans and in es- In the future, the Vermont Legislature must tablishing a statewide land use plan. In ad- approve any plans for the construction of nu- dition, the state commission may designate areas as being of critical concern and draw opment of the state's energy resources, es- up plans for them. tablishes the Industrial Plant Siting Council The new Wyoming Community Develop- to issue permits and supervise impact studies ment Authority Act provides assistance to on the construction of new, large industrial industrial impacted communities. The law, plants. The state authority may also issue aimed at giving communities some time to tax-exempt revenue bonds to make loans to deal with the influx of workers and other communities and lending institutions for all growth problems anticipated by the devel- types of community facilities and housing. hile the long lines at gas stations have become a memory, states acted in 1975 to deal with the more long- term implications of a continuing scarcity of adequate energy supplies. 1974 actions were largely responses to the very immediate and visible signs of the shortage, while 1975 actions dealt more with conservation, research, and development. Seven states enacted new statutes to attract, regulate, or involve the state in the production of energy from sources other than fossil fuels. Those projects run the range from Georgia and Utah's permitting the state to produce electricity to several states' enactment of controls on the development of geothermal energy. Nine states began projects dealing with energy use and conservation: New Jersey is building a plant to produce electricity from garbage, Connecticut is building a housing project for the elderly which will be partially heated by solar energy, and Iowa is convert- ing the state house complex heating and air conditioning system to run on solar energy. Recognizing the need to promote both conservation and the conversion to alternate sources of energy, four states enacted tax breaks for individuals and businesses who convert their systems to rely on solar energy resources. Addressing an issue which is growing with commercial, industrial, governmental, experi- the demand for the expansion of energy pro- mental, or demonstration purposes. duction and with concern over the effects of The California Legislature passed a bill to such facilities on the environment, four states develop a "lifeline" rate to be established for enacted new laws on the siting of new power a basic quantity of gas and electricity needed plants. Vermont, for example, enacted a very by the average household (A6 167). The act strict standard which requires the approval directs the Public Utilities Commission to re- of the legislature before construction may be- quire utilities to file a revised rate schedule gin on any nuclear-powered electrical gener- for the lifeline service at rates no greater than ating facility. those in effect on January 1, 1976. The mea- And there was growing recognition of the sure bars any increase in the lifeline rate un- problems associated with the rising cost of til the rates to all other classes of customers energy. Several states enacted measures to increase by 25 percent or more. The PUC is further regulate the pricing practices of util- additionally directed to designate a lifeline ity companies, and two states adopted mea- quantity of electricity and gas necessary to sures to assure that minimum energy needs supply the minimum energy needs of the av- will be met by guaranteeing a "lifeline" rate. erage residential user for space and water A 1975 Alaska law (Chap. 142) authorizes heating, lighting, cooking, and food refrigera- local governments which may form regional tion. AB 177 ended the state oil depletion al- housing authorities to also form regional elec- lowance for large oil companies. And SB 334 trical authorities. The electrical authority is a prohibited utilities from enclosing political lit- political subdivision of the state authorized erature with customers' bills. to provide electrical service within the area Colorado HB 166, enacted pursuant to a of individual associations. Governor Jay 1974 constitutional amendment, allows mu- Hammond established the Intergovernmental nicipalities to join together or with private or Pipeline Impact Committee to better coordi- public corporations to effect the development, nate governmental responses to the impact of production, and transmission of energy. The the Alaska pipeline. The committee is to be a act also sets forth certain required contents mechanism for all levels of government to of related intergovernmental contracts, and identify responsibilities or to coordinate re- provides for the legal status, general powers, sponses made by various units of government. and bonding requirements of power authori- Governor Hammond also created the Rural ties. Another 1975 law allows counties and Energy Task Force to form a workable plan municipalities to issue revenue bonds to fi- for dealing with the recurring problem of nance the furnishing of energy, among other rural energy needs. The governor asked the services. group to identify current and future energy Before an oil refinery may be constructed requirements, to evaluate fuel distribution and in Connecticut, a referendum on the question storage facilities, to review existing federal may be required in the town in which the re- and state statutes regulating the transporta- finery is scheduled to be built. A town election tion of fuels, and to evaluate existing sources may be called upon the submission of a peti- of funds to meet energy needs. The task force tion signed by not less than 200 electors or is also to consider the advisability of legisla- 5 percent of the town electors, whichever is tion introduced in the next session of the state greater. If a majority of those voting on the legislature. question disapprove, the construction of the Arizona established (Chap. 20) a 15-mem- refinery is barred. SB 1081 abolished the Pub- ber Solar Energy Research Commission to lic Utilities Commission and replaced it with analyze information relating to solar energy the Public Utilities Control Authority. Task technology. A law was enacted (Chap. 93) to forces were also set up to study further re- clarify earlier legislation permitting the amor- organizations and utility bonding. Another tization of the acquisition costs of solar ener- enactment prohibits public utilities from pass- gy devices. Amortization is now allowed ing to their customers the cost of political or whether the device is used for residential, image-making advertising. In January, the state announced that it would build a $1 mil- taining electric generation and transmission lion, 40-unit housing project for the elderly, facilities. These actions are designed to pro- with half of the units using solar heat. vide or make available an adequate, depend- The Delaware Public Service Commission able, and economical supply of electric power was directed to institute and publish a cus- and energy and related services for those po- tomers' bill of rights (SCR 28). litical subdivisions which, on the date the act The Florida Legislature authorized publicly became law, owned and operated an electric and privately owned electric utilities, including distribution system. rural electric cooperatives, to jointly engage The governor of Hawaii was authorized (SB in electric supply projects for the generation 1669) to control the distribution of petroleum or transmission of electrical energy (HB products when shortages occur or are antici- 1329). pated. The former law allowed him to act only The Municipal Electric Authority of Georgia when an emergency situation had occurred. was created (HB 31) for the purpose of ac- A county having the power to do so under its quiring, constructing, operating, and main- charter may exempt itself totally or in part

Case Study sufficiency for the average family will be demonstrated by tropical landscaping and high-yield fruits and vegetables. Hawaii Constructs Energy consumption, temperatures, Energy-Efficient House wind, and water use will be closely mon- itored to determine what may be expect- In June, Hawaii began construction of ed of each of the various systems. The the "Hawaiian Energy House," which house is to be open to the public to pro- Governor George R. Ariyoshi called "the mote an awareness of energy consump- most energy-efficient house that tech- tion and conservation as well as the ap- nology permits." plicability of the features to individual The project will be a demonstration homes. dwelling which uses such energy sources Professor James Pearson, supervisor as solar collector panels and a windmill. of the project, said that preliminary cal- Energy saving appliances and several culations indicated that the Hawaii En- self-sufficient features will also be in- ergy House will use only 25 percent of cluded in the house. the normal electrical consumption of a The house, which will be on the Uni- home in the area. Normal utility services versity of Hawaii's Manoa campus, is will be connected to the home for back- being financed with a state grant of up and comparative monitoring. $65,880 and a $7,370 contribution from In addition, the house will be con- the university. The project will be ad- structed with low-cost materials and ministered by the Hawaii Housing Au- building methods. Most of the features thority under the supervision of a Uni- will be adaptable to existing homes and versity of Hawaii architecture professor. cluster or planned-unit development Some of the house's more unique and housing. interesting features include solar col- Professor Pearson and his graduate lector panels for hot water heating; an student assistants spent about four architectural design that provides maxi- months researching the project and mum natural ventilation and lighting; drawing designs before submitting them electricity generated by a windmill; en- to the Department of Planning and Eco- ergy efficient appliances; and self-con- nomic Development, which recommend- tained sewage treatment, water col- ed to the governor that the state under- lection, and irrigation. Maximum self- write the project. from the state rules and regulations delineat- for geothermal leases may be accepted, and ed in the new act by declaring an emergency the Department of Conservation was given the situation and initiating its own plan. task of managing and coordinating a program ldaho Governor Cecil D. Andrus transferred of research and development regarding the the state Office on Energy from the jurisdic- exploration, extraction, and utilization of tech- tion of the ldaho Energy Council to that of the nologies; determining the environmental ram- state Public Utilities Commission. The ldaho ifications of such projects; and examining the Energy Council, created by executive order in legal, social, and economic consequences 1974, was dissolved. of developing geothermal and geopressure The Iowa Legislature appropriated energy resources. $300,000 for the installation of a solar power The Maine Public Utilities Commission was plant to heat and air condition the state cap- directed (Chap. 585) to establish rules and itol complex. It will be the nation's first solar procedures for, and put into operation, a dem- heated and cooled state capitol. The state onstration lifeline electrical service program also began a three-year project to select, for the elderly. Persons with an annual income develop, and demonstrate new methods for of less than $4,500, or couples under $5,000, surface mining. See the case study. may not be charged more than 3~ per kilo- Kansas SB 13 created the Kansas Energy watt-hour for the first 500 kilowatt-hours of Office and an advisory council on energy electricity they use each month. After the appointed by the governor. The director of one-year demonstration project, the PUC the new office will, among other things, adopt will hold public hearings to review the lifeline rules and regulations establishing a system of service rate to insure that it is adequate to priorities for the allocation of energy re- effect the purposes of the chapter. The PUC's sources and the curtailment of consumption findings and recommendations will be report- during an energy emergency. The act autho- ed to the legislature in 1976. rized the governor, subject to the approval Maine Chapter 489 prohibits the arbitrary of six members of the Finance Council, to imposition of fuel charges by electric power proclaim an energy emergency whenever it utilities. The act stipulates that the cost of any appears that energy resources in the state are and all fuel used in generating or supplying inadequate to meet the demand and a threat electricity must be itemized and billed at a to the public health, safety, and welfare single uniform rate per kilowatt-hour for all exists. During such an emergency, the sys- customers. tem of priorities for the allocation of available In another 1975 Maine action, the position energy resources and/or curtailment may be of director of the Office of Energy Resources imposed in all or part of the state. was established to prepare a comprehensive Kentucky Governor Julian Carroll issued energy resources plan and state energy policy two executive orders dealing with energy in pointing out the directions most feasible for 1975. One created the Kentucky Department Maine to pursue in the field of energy re- of Energy with responsibilities for energy con- source use and development, feasible alter- servation, allocation, and management; plan- natives to implement the state energy plan, ning; and resource development. The order and long-range as well as short-range pro- also created an energy research center. The grams. other executive order created a study com- The Maryland Lesiglature consolidated mission on utility rates and regulations. several diverse activities relating to energy The Louisiana Legislature enacted two laws in the Department of Natural Resources. A to promote the development of geothermal newly formed Energy and Coastal Zone Ad- energy resources (SB 420 and HB 700). The ministration will administer programs in acts declare it to be the policy of the state power plant siting and coastal and outer con- that the rapid and orderly development of geo- tinental shelf management; issue permits for thermal resources within the state is in the in- mining and gas and oil drilling; and admin- terest of the people of Louisiana. Impact ister mine reclamation activities. Under the statements are required before applications act, any facility to be constructed in the coastal area of the state requires a permit. as any other major oil-related facilities in the In another action, the Public Service Com- state. The council already had the power to mission directed that no electrical or oil ap- approve proposed locations for major electric pliances be replaced by natural gas equip- and gas projects. HB 6813 granted a property ment after Febraury 15. The moratorium is tax exemption to homeowners and businesses aimed at conserving natural gas by home- who install solar or wind powered generating owners. or heating systems. Massachusetts HB 5755 gave the Energy The Montana Legislature enacted a law (SB Facilities Siting Council the authority to ap- 86) allocating a percentage of the coal sev- prove sites for onshore support facilities re- erance tax to a fund for supporting research sulting from offshore oil development, as well and development of alternative energy tech-

Case Study coal to meet environmental standards set by the state's Department of Environ- mental Quality. State of lowa Operates The experimental site contains an es- Experimental Strip Mine timated 135,000 tons of usable coal in two seams. About 1.5 million tons of In August, lowa began an experiment earth will have to be moved to get to the to use strip mining for two purposes: to coal and to restore the site. produce coal and to improve the land In his remarks the governor noted that above the coal. The departure from for some time the technology has existed merely reclaiming land (or even leaving to mine coal in such a way that the land it permanently scarred, as has been the above it can actually be improved, and case so often in the past) is part of a $3 that coal may be used within the limits of million, three-year coal research project air pollution standards. The state's ef- established by lowa State University. It fort is an attempt to put those tasks to- is the first coal mine in the nation to be gether to demonstrate to private enter- operated by a university. prise that such efforts can be done at a When he turned the first shovelful of profit. coal at the experimental coal mine es- "The cost of this project should be tablished to demonstrate improved min- looked upon as a small investment," ing and land restoration techniques, Gov- Ray said, "when we consider the enor- ernor Robert Ray called the project an mous potential of our coal resources in "ambitious, innovative way for a state this state. We know that here in lowa we to tackle its energy problems . . .Through are going to have to depend less and less the leadership and efforts of state gov- upon electricity generated from the burn- ernment and our experts in our universi- ing of fuel oils and natural gas." ties we have an opportunity to revive Governor Ray pointed out the impor- lagging, yet potentially important, indus- tance of continuing research and devel- try." opment of "the more exotic energy re- The governor had first proposed a sources" such as geothermal and solar state coal research and development energy, but that solutions must be found program in January, 1974. Later that for the short range without causing per- year the lowa Legislature funded the manent harm to the environment. project at lowa State University. Ray also said, "This is another in- The project's primary goals are to se- stance where instead of sitting and wait- lect, develop, and demonstrate methods ing for federal action in the energy fields, for surface mining of coal, returning the lowa is initiating a problem-solving pro- land to productive use, and cleaning the gram on its own." nologies. HB 663 created property tax incen- Mexico was given the task of formulating a tives for energy conservation and the use of comprehensive statewide plan for the pro- new, non-fossil forms of energy. Tax incen- duction, refining, and sale of fuel and power. tives are also available for installing insulation The board is also to administer the state's fuel and other energy saving materials in buildings. allocation and energy conservation program. Nebraska now allows any city or village Another act (HB 395) requires the Depart- which owns or operates electricity generation ment of Finance and Administration to have a or transmission facilities to enter into a con- feasibility study made of the use of energy tract for electrical services with other power sources other than fossil fuels for heating and suppliers (LB 60). The act also allows the city air conditioning any state-owned building or village to contract with non-profit corpora- prior to the execution of any contract for its tions whose purpose is the financing of elec- construction, major alteration, or renovation. tric properties, projects, or undertakings for SB 120 appropriated $30,000 to the Depart- the city or village. In the spring, Governor ment of Development to attract solar energy James J. Exon announced that the state was projects, including industrial projects involv- purchasing 14,000 gallons of 200 proof ethyl ing the development or use of solar energy. alcohol distilled from tree sugars to be used SB 262 imposed a tax on the generation of for a 2 million mile test as an auto fuel pro- electricity. And HB 276, the Geothermal Re- gram. The Nebraska Legislature's Agricultural sources Conservation Act, gave the Oil Con- Products Industrial Utilization Committee servation Commission substantial powers and used 36 passenger cars and pickups assigned duties to regulate the production and devel- to the State Department of Roads for the test, opment of geothermal energy resources in utilizing both leaded and unleaded gasoline in much the same way that it regulates oil and the alcohol mix. gas resources. Included in those powers and Nevada made geothermal resource devel- duties are such subjects as the prevention of opment subject to the regulatory control of waste and the encouragement of safety prac- the state engineer (SB 158). AB 275 created tices. a committee to study electric utility com- The New York Legislature changed the panies, gas utility companies, and the Public manner of allocating natural gas during pe- Service Commission of Nevada. riods of shortage. The act (AB 4212) em- Automobile registration fees in New Hamp- powered the Public Service Commission to shire will be graduated to require heavier, establish gas conservation measures and lower gas-mileage cars to pay stiffer regis- standards to discourage unnecessary and tration fees. HB 479 permits a local option to wasteful consumption of natural gas. AB 5147 adopt tax exemptions for realty equipped with requires utility companies as well as the solar energy heating or cooling systems. And Power Authority of the State of New York to HB 407 established an electrical energy re- prepare and submit to the Public Service view committee. Commission long-range plans on future opera- New Jersey began building the nation's tions. Previous law required only private com- first large commercial plant for manufacturing panies to submit such plans and did not re- methane gas from municipal garbage and quire the companies to submit their plans to- sewage. The regional facility in South Jersey gether as a group. AB 8620 restructured the will cost $95 million, but that expense will Atomic and Space Development Authority into be offset by annual income generated by the New York State Energy Research and the sale of methane gas and recovered re- Development Authority, the purpose of which sources as well as sludge treatment charges. is "to accelerate the development and use It may even be possible for the state to make within the state of new energy technologies money on the facility, for the annual net prof- to supplement energy derived from existing its are estimated at $5 million, plus an addi- sources and to promote the conservation of tional $5 million in savings from eliminated energy." sludge and trash disposal. The North Carolina State Utilities Commis- The new Energy Resources Board in New sion was expanded to seven members and allowed to form three-member panels to decide power rates and the structure of the Public cases. The legislature may review commis- Service Commission. sion rate decisions and examine utility com- South Dakota established a permanent pany records through the Utility Review Com- Public Utility Commission. With similar action mittee (SB 119). Another act (SB 133) ended in Texas, all 50 states now regulate and mon- the electric utility practice of automatically itor public utilities. SB 283 provided property passing along fuel cost increases to custom- tax reductions for the use of solar energy ers in their monthly bills. HB 3 repealed a systems in residences. The legislature also 1973 law which allowed utilities to base rate enacted a measure to exempt fuel used by increase proposals on projections of future utilities and industry from the state use tax. costs. And SB 943 created a state energy In another 1975 action, municipalities were policy council. empowered to enter into electric service con- North Dakota enacted the Energy Conver- tracts with other public bodies and utilities, sion and Transmission Facility Siting Act. The and the financing of municipal utility systems act (Chap. 436) directs the State Public Ser- by revenue bonds was authorized. vice Commission to establish rules and regu- The governor of Tennessee was granted the lations for locating such facilities. power to allocate or seize all energy re- An Oregon Department of Energy was cre- sources if necessary to forestall a threatened ated to conduct research, to collect data, and or current energy shortage (HB 225). to educate the public. An energy policy review Texas created a three-member Public committee will advise the department. Anoth- Utility Commission to regulate electric, water, er action provided tax credits for solid waste and sewer utilities operating within the unin- facilities which use waste as a source of ener- corporated areas of the state (HB 819). Mu- gy. The legislature also created an energy nicipalities retained jurisdiction over such conservation committee to recommend stand- utilities operating within their incorporated ards for inclusion in the state housing code. areas, but they may surrender that jurisdic- Oregonians for Nuclear Safeguards were suc- tion, by election or ordinance, at any time cessful in their initiative drive to get the Nu- after the new law has been in effect for two clear Safeguards Measure on the 1976 ballot. years. The commission will also regulate all The purpose of the act, according to the telecommunications utilities within the state. group, is to require "that three basic condi- The Railroad Commission will regulate gas tions be met before further nuclear power utilities. The act provides comprehensive plant construction is approved in Oregon . . . standards for the determination of a pub- (1) that safety systems in nuclear power lic utility's rate base and rate of return, re- plants be successfully tested, (2) that there quires certain utilities to obtain certificates be a safe and proven method of handling and of convenience and necessity, and imposes storing radioactive wastes from these plants, duties and restrictions on all public utilities. and (3) that utility companies become fully SB 519 created the Governor's Energy Ad- liable for the consequences of nuclear acci- visory Council. Composed of both legislative dents." and executive officers, the council is charged The Rhode Island Public Utilities Commis- with formulating a state energy policy for sion was given the authority to force utilities recommendation to the legislature and execu- to pay refunds. The attorney general was giv- tive offices. Energy matters affecting the state en the duty of investigating PUC complaints are to be coordinated by the council. against utilities, and the PUC was authorized Under the provisions of SB 685, the Texas to get independent legal advise when the Railroad Commission was given responsibil- attorney general represents either the state or ity for regulating the exploration, develop- citizens in action against utilities. The legis- ment, and production of geothermal energy lature also created a legislative commission and associated resources on public and pri- to study the fuel adjustment charge. vate land. Such regulation is to conserve the A South Carolina joint resolution (HB 2785) resource and protect correlative rights. To created a committee to investigate electric facilitate and encourage the development of geothermal energy, the commissioner of the The nation's most stringent state controls General Land Office was granted the author- over the construction of nuclear power plants ity to provide for the orderly exploration of were adopted by the Vermont Legislature land belonging to the Permanent School Fund (HB 127). The act requires the approval of of Texas, excluding wildlife refuges and rec- the legislature before any construction may reational areas. SB 516 requires the State begin on atomic-powered plants. In signing Building Commission and governing bodies of the act, Governor Thomas Salmon stated, agencies and institutions exempt from the "This act is born out of the total frustration State Building Construction Administration of Vermonters with rising electrical costs, Act to prepare performance and procedural distrust of utilities, and distrust of govern- standards for maximum energy conservation ment." The governor stressed, however, that in the construction of new state buildings. The the bill was not a "nuclear moratorium." State Building Commission is also charged In November, Washington Governor Dan with the responsibility of publishing an energy Evans issued an executive order creating an conservation manual for use by designers, interim State Energy Office. The office will builders, and contractors of residential and coordinate the state's energy programs under non-residential buildings. one roof. Utah HB 111 authorized the state to plan, The West Virginia Public Service Commis- finance, construct, and operate power facili- sion must hold a full public hearing before ties in cooperation with municipalities in other allowing a public utility to increase its rates states. (HB 966). n December of 1974, the Advisory Commis- sion on l ntergovernmental Relations adopted IToward More Balanced Transportation: New Intergovernmental Proposals. That report found that transportation is one of the most pervasive, most expensive, and most intergovernmental of all government functions. Transportation costs about $26 billion a year in public funds alone, and about one-third of that money involves aid from one level of government to another. Perhaps the most crucial transportation problems AClR found are attributable to weaknesses and voids at the regional level in both metropolitan and non-metropolitan areas. At the regional level there is usually no authoritative governmental mechanism which can integrate the various transportation modes to assure the efficient movement of people and goods within the whole region, and to coordinate those transportation systems with overall community development objectives. Instead, regional levels usually rely on an advisory regional planning body plus a variety of separate and independent local governments and special districts. Re- sponsibilities for financing, regulating, and developing the region and its transportation systems are divided among from about 11 to several hundred independent local units, depending upon the size of the region. It is, and effective intermodal planning, policy- therefore, almost impossible to achieve coor- making, and budgeting capabilities. dinated planning and implementation of re- During 1975, state actions dealing with gional transportation development and oper- transportation ran the range from rationaliz- ating policies. ing and restructuring transportation planning In its report, the Commission affirmed that to programs aimed at specific, sometimes ex- all "regional" transportation programs should perimental, transportation needs. Four states be coordinated within a single intermodal pro- created intermodal departments of transpor- gram under the guidance of effective regional tation. Three states expanded local govern- bodies. At the same time, purely local trans- ment capabilities to finance mass transpor- portation would remain a local government tation services. Two states enacted reduced responsibility, and transportation systems mass transportation fares for the elderly and reaching beyond the region would be of pri- handicapped. Four states acted to revitalize mary state or federal concern. Effective in- railroad transportation. And two states moved tergovernmental coordination would be relied to experiment with providing transportation upon to help assure that (1) a state or federal services by using school buses which other- project would not unnecessarily or arbitrarily wise stand idle for several hours each day. disrupt local and areawide communities, (2) Arizona Chapter 86 was enacted to encour- local projects would be consistent with re- age counties and municipalities to spend pub- gional ones, and (3) regional transportation lic funds to provide public transportation systems would connect with and complement services directly or by contract with private the nationwide, statewide, and local systems. parties. The act also permits local jurisdic- Among the AClR recommendations are that tions to enter into intergovernmental agree- states enact legislation which authorizes a ments with each other under the Joint Exer- range of possible forms for areawide trans- cise of Powers Act to provide public transportation policy bodies and associated region- portation directly or by contract with a private al transportation authorities. The policy bodies party, common carrier, or public service cor- could be a strengthened council of govern- poration. However, the act prohibits regional ments or regional planning council, a reor- planning agencies and councils of govern- ganized county containing 70 percent or more ments from providing transportation services. of a metropolitan or non-metropolitan area's There were several transportation actions population, a city acting extraterritorially when in California during 1975. If they are not al- it already performs the bulk of the area's ready in a transit district, counties with less non-highway transportation services, a joint than 100,000 population, or cities in such city-county transportation department, a mul- counties, may contract for transportation of tipurpose or multimodal regional service the elderly, the handicapped, or other groups authority, or a state department of transpor- requiring special transportation help (SB 760). tation or state subordinate multimodal re- AB 918 authorized the Department of Trans- gional transportation agency. States should portation to establish car pool programs and also authorize units of general purpose local to provide incentives for the wider use of car government to deliver, either directly, jointly, pools by commuters in metropolitan areas. or by contract, supplementary local trans- AB 696 permits school districts to make their portation services, provided that those ser- buses available for use by senior citizens vices have not been assumed by the desig- when not being used by students. The state nated areawide transportation policy unit or transportation secretary announced in the its regional implementation authority. spring that the state is shelving plans for Another major recommendation of the new freeways and will work instead to im- Commission is that each state establish a prove existing systems and help cities de- broad intermodal department of transportation velop transit facilities. During June, some headed by a chief administrator appointed by, freeways were converted to provide fast lanes and responsible to, the governor; this admin- for automobiles with high occupancy. istrator would be directly vested with strong Colorado SB 57 was enacted to permit counties and municipalities to issue revenue of Transportation is organized along functional bonds to finance airports, mass transporta- lines and consists of five divisions: the Divi- tion, or parking facilities. sion of Transportation Administration, Division Connecticut HB 8383 abolished the Con- of Transportation Operations, Division of En- necticut Transportation Authority and created gineering and Design, Division of Planning in its place the Connecticut Public Trans- and Development, and Division of Aviation. portation Authority to coordinate transporta- In addition, the 12-member State Highway tion planning and advise the commissioner of Advisory Commission was established by the transportation. act (SB 39). The Statewide Transportation Council was The Maine Department of Transportation established in Hawaii (SB 1214). The council was authorized to lease or purchase railroad was mandated to develop a new state trans- lines scheduled for abandonment and to con- portation plan to be submitted to the 1978 tract for the continued operation of the lines. session of the legislature. The council, which The Michigan Transportation Preservation consists of representatives from the state Act (SB 930) authorized a state subsidy for government and each of the four counties, is acquisition of rail freight lines threatened further charged with establishing and coor- with abandonment in the federal rail reor- dinating a statewide transportation planning ganization. SB 933 authorized the sale of program. A metropolitan planning organiza- $150 million in revenue bonds in 1976 and an tion was established in all counties with a immediate $30 million loan to begin a wide population over 200,000 to serve in an ad- range of transportation projects. The bonds visory capacity to legislative bodies and will make available for the first time in the agencies in transportation planning; formulat- state's history funds significant enough to ing a six-year transportation plan for the develop a total public transportation system, county, including a multimodal plan, with an including rapid transit facilities for urban annual update; reviewing capital improvement areas and taxi-like bus service for the less programs as they relate to transportation; populated areas. integrating state and county transportation Passenger train service between Minnea- planning; making recommendations to legis- polis-St. Paul, Minnesota, and Duluth-Superior lative bodies; serving as liaison with the was resumed on a trial basis due to a coop- United States Department of Transportation; erative funding of the States of Minnesota and developing formulae for the receipt, use, and Wisconsin. The 15-month trial will cost and disbursement of transportation funds from $300,000. federal and other sources. Montana HB 436 provides for the creation Indiana created the Division of Public of urban transportation districts. Transportation within the State Planning Ser- The Nebraska Public Transportation Act of vices Agency and set up the Transportation 1975 (LB 443) was enacted. Under the pro- Advisory Committee (SB 84). Fares collected visions of the act, the Department of Roads by public transportation corporations, public is to maintain data on transportation, develop transit departments, etc., were exempted plans for statewide public transportation, from gross income and adjusted gross income administer federal and state matching pro- taxes. The act (HE3 1675) also exempts pri- grams, report to the legislature and governor vate transportation corporations if 80 percent on their activities, and cooperate with the or more of their corporation's total regularly Public Service Commission in determining scheduled bus passenger vehicle miles are the effect of regulatory decisions on public within a designated regional service district. transportation. The act also created an assis- Kansas created the Department of Trans- tance program to provide state financial as- portation headed by a secretary appointed by sistance of up to 50 percent of the eligible the governor with Senate consent. The Sen- operating costs. Fares for the elderly on these ate, by a Y3 vote, may overrule the secretary systems cannot exceed 106. on his decisions regarding the location and Two New York laws (SB 5514 and SB construction of highways. The Department 5373) were passed to offer "firm assurance that the state will continue to offer operating year public transportation program and direct assistance to the public transportation in- public funds toward those regions, modes, dustry." The act gives recognition to local and specific projects likely to help meet trans- participation in transportation planning, de- portation needs. velopment, and implementation. The state The Ohio Rail Transportation Authority was commissioner of transportation was given a created (HB 64) and required to establish a strong role in developing a unified statewide state rail plan to be submitted to the legisla- transportation program and directing neces- ture before July 10, 1976. The authority may sary long-range planning for a statewide sys- also purchase, lease, and operate rail prop- tem of transportation. AB 7109 enacted a rail erty within the state, and the authority and preservation bond program to develop high- local and regional transportation agencies speed rail service between Albany and Buf- were authorized to apply for federal rail ser- falo. Governor Hugh Carey directed the state vice subsidies and loans. SB 300 established Department of Transportation to launch a se- an alternative procedure for adding counties, ries of administrative actions so that DOT can townships, and municipalities to existing re- assume a more active role in the development gional transit authorities. A proposed consti- and coordination of transportation. The de- tutional amendment to be on the ballot would partment is to prepare a comprehensive five- authorize state, city, county, village, town-

Case Study tion requires the inclusion of the regional plans in the state plan, as well as state Legislatively Mandated policies which address issues of state- Transportation Plan wide significance. The legislation also establishes detailed planning require- for California ments for the regions and the state, as Moves Closer to Reality well as a timetable for both plan prep- in 1975 aration and updating (see Chart). Under this law the regional agencies were required to submit their plans to the state 1975 saw a new state transportation by April 1, 1975, and annually thereafter planning process move ahead signifi- through 1978, when the requirement be- cantly in California. This process was comes biennial. established by the same law which cre- The state plan was to be submitted to ated the California DOT in 1973. The the legislature by January 1, 1976, then state transportation plan is to be based annually through 1978, and biennially upon regipnal plans developed by each of thereafter. The California state plan must 43 regional agencies in California. Ten be adopted by the State Transportation of the 43 regions are urban, and include Board, after public hearings and subject multicounty agencies such as the South- to normal legislative review by the leg- ern California Association of Govern- islature. This board is composed of two ments (SCAG) in the Los Angeles area, state legislators (ex officio) and seven and the Metropolitan Transportation members appointed by the governor. Commission (MTC) in the San Francisco Other board responsibilities for the plan area. Other regional agencies are single include (1) the allocation of planning counties, small urban and rural councils funds to the state DOT (Caltrans) and to of governments, or local transportation the regional agencies, and (2) establish- commissions where there are no coun- ment of guidelines for the preparation of cils of government. plans by the regions. The California transportation legisla- The legislation required the board to ship, or regional transportation authorities to our ongoing efforts to improve service . . . " give or lend their aid or credit to a corpora- The handicapped may use the reduced fare tion created under federal law, or an agency tokens also. of the state, which provides rail transporta- South Dakota SB 135 created the Division tion service to the state. The amendment of Railroads within the Department of Trans- would also authorize the passage of laws portation and established the Task Force on that would reduce taxation of property used Railroad Abandonment Policy as an advisory to provide the state with rail transportation board to that division. service, and laws providing the reimburse- The Texas Mass Transportation Commis- ment of local governments for revenue lost sion was abolished and its functions and du- due to such property tax reductions. ties were transferred to the Highway Depart- Rhode Island became the first state in the ment. The department was given the new nation to provide free bus service for persons name of the State Department of Highways 65 years of age or over on a statewide basis and Public Transportation (SB 761 ) . (HB 6072). Remarking on the inauguration of Several Utah departments and agencies this service, the director of the Department with responsibility for transportation were of Transportation noted, "These programs eliminated with the creation of the State De- are not experimental but permanent parts of partment of Transportation (HB 22). The new

submit progress reports on the develop- a letter to the administration and legisla- ment of the plan to the legislature by July ture noting where material was missing 1, 1974, and January 1, 1975. These re- or inadquate. The deficiencies included ports were to include the goals and pol- the following: icy objectives recommended by the board to guide the plan. These goals and Analysis of transportation alter- objectives were submitted to the legisla- natives was inconsistent and in- ture in the January 1, 1975, progress re- complete. port. The present law provides that the Low-capital, non-hardware solu- legislature must adopt, or modify and tions to transportation problems adopt, the goals and objectives before were inadequately considered. the board may adopt its plan (scheduled Regional transportation plans for January 1, 1976). were not adequately incorporated. Most of the regional plans were sub- The relationship between land mitted by the April 1, 1975, deadline, use and transportation was in- and the regions were nearing completion adequately treated, and the land of the first updates of their plans by the use implications of alternative end of 1975. The first stage plans varied transportation policies and sys- in thoroughness; while most were quite tems were incompletely analyzed. general, they were accepted. Some assertions, assumptions, The development of a satisfactory and conclusions about the con- state plan has been more difficult. The sistency between the existing and board noted a number of deficiencies in full transportation systems were the first draft, recommended revisions, unsubstantiated. and requested a delay in adoption of the Insufficient consideration was plan until mid-1976. given to the full range of financial Public hearings on the plan in 1975 and tax implications of a variety uncovered other inadequacies in the of alternatives. draft plan which would delay its comple- Data were too often collected tion. Therefore, the board transmitted without adequate forethought about the problems to be an- sistent with social, economic, and envi- alyzed. ronmental interests of the state." The Issues of statewide significance board developed policies designed to were not sufficiently defined. help achieve this goal. These policies addressed such issues as the adoption In addition the board noted its contin- of a comprehensive approach to trans- uing concern for inclusion of several portation plan development, the state- issues which had not yet been ad- wide system of transportation services dressed. These included: air quality, and facilities to provide required mobil- transportation deregulation, the leverage ity, and development of a multimodal of private capital in providing transporta- planning process involving the public tion, transit operating subsidies, and the and private sectors at all levels. Detailed role of innovative modes and new tech- transportation planning objectives called nology. for defining the regional powers neces- In rejecting the draft plan, the board sary to ensure (1) regional plan imple- recommended that the administration mentation, (2) the resolution of regional- form a special transportation task force local conflicts, and (3) the establishment possessing diverse skills for the purpose of funding priorities. The board also of evaluating and redirecting develop- called for defined roles and inter- ment of the plan in consultation with the relationships among public bodies in plan board. The administration did this. development and implementation - in- Although the board elected not to pro- cluding the role of the state in inter- ceed with the plan on which it had held regional transportation, transportation re- public hearings, it could not have done search to establish mobility levels, and so even if it had wanted to, because the providing appropriate levels of funding. legislature failed to adopt the goals and Although the development of the plan policies submitted to it in 1974. During and the planning process has been slow- 1975, discussions in the legislature re- er than anticipated, it moved ahead sig- sulted in an effort to rewrite the goals nificantly in 1975. Some felt the board and policy statement in more specific should have adopted the plan on which terms. However, no redraft emerged in it held public hearings, recognizing its 1975. Bills were introduced both to adopt imperfections, and then proceeded to the goals and policies as submitted, and update it as required by law - improving to eliminate altogether the requirement the product in future years. Many of the for legislative adoption of goals and regional plans had been submitted on policies as a prerequisite to the board's this basis. But, the lack of legislative adoption of a plan. Discussion included action on the goals and policies fore- the possibility of having the plan adopted closed this option even if the board had by the legislature rather than by the wanted to exercise it. board, or alternatively for the legislature The process has created a greater to adopt only a capital program emerging awareness of transportation planning is- from the plan. sues at both the regional and state lev- As formulated by the board, "The els. This includes a greater awareness transportation goal of the state is the de- in the legislature of the implications for velopment, coordination, and mainte- the regional and local levels. There are nance of a transportation system that proposals to make some legislative provides the optimum capability for the changes, especially regarding less fre- movement of people and goods, in the quent plan updates by the regions and most efficient, convenient, timely, safe, the state. But few would abandon the reliable, and cost-effective manner con- program altogether. CALIFORNIA TRANSPORTATION PLANNING PROCESS (Effective July 1. 1973)

REGIONAL UPDATED RANSPORTATION PLANS m REGIONAL PLANS 4/1/75 I I ADOPTED CALIFORNIA BY STATE TRANSPORTATION - PLAN BOARD PLAN 4 1/1/76

LEGISLATURE LEGISLATIVE 4

I TO STATE I PROGRESS LEGISLATURE REPORT 7/l 174 BY THE BOARD DOT will be responsible for statewide trans- A new Virginia law (HB 1530) allows cities portation matters including highway, nautical, as well as counties to operate or contract aeronautical, and other transportation plan- for transportation services. The act also pro- ning; research and design; construction, vides that in any county or city where such a maintenance, security, and safety. The State system is desired, or is in operation, the gov- Road Commission, Department of Highways, erning body may contract for transportation Division of Aeronautics, Board of Aeronau- services with any existing transportation tics, and Passenger Tramway Safety Board, authority operating in contiguous localities. and certain functions in the Public Service Washington extended to all counties, ex- Commission and Board of Parks and Recrea- cept those which have a municipal corporation were all eliminated. tion performing the public transportation Vermont HB 184 created the new Agency function, the authority to perform such func- of Transportation consisting of four depart- tions in unincorporated areas of the county ments: aeronautics; highways; motor vehicles; not serviced by a public transportation bene- and bus, rail, waterways, and motor carrier fit area. services. A seven-member Transportation Board was established to be the successor In a notable local action, the Flint, Michi- to the Highway Board, the Aeronautics Board, gan, Transportation Authority began providing and certain portions of the Public Service free transportation on city buses for the city's Board. unemployed in April. ne of the government's functions which has the greatest impact on the individu- 0al's day-to-day life is that of protecting the consumer. Changes in the priorities and problems of a society are reflected in legislative action. Six states enacted legislation to extend, to varying degrees, the function of state public utilities commissions to consumer protecting areas as well as the traditional regulation of the business operations of utility companies: new regulations were adopted to protect against abuse of deposit requirements, deposits were required to be waived for the elderly, and more extensive requirements were adopted to give notice before shutting off utility services. So-called fair trade laws were enacted during the Great Depression to keep big business from underpricing smaller companies out of the market. In recent years those laws have been found to be restrictive of competition - some estimates indicate that they may be costing America's consumers as much as $2 billion a year. At least 15 states repealed their fair trade laws during 1975, before the federal authority for such laws was repealed in December. Landlord-tenant relationships and condominiums continued to be areas of legislative interest. In 1974, four states enacted laws in that area while 1975 saw eight such enact- prohibit the construction of large buildings or ments. Similarly, the protection of the rights structures by unlicensed contractors. The act of condominium purchasers was apparently a vests broad powers in the registrar of con- bigger issue in 1975 with six new laws as tractors to insure that only licensed contrac- compared to one in 1974. tors receive building permits. The law also re- At both the federal and state levels, various vises the qualifications for a contractor's li- means of changing practices which tend to cense, extends license requirements to floor stifle competition in the prescription drug busi- covering installers and landscape contrac- ness were being explored. Four states adopt- tors, and increases penalty bond fees and ed laws in 1975 which permit pharmacists to bonding requirements. substitute less expensive generically equiva- Arkansas adopted four new consumer pro- lent drugs for those prescribed. Only two such tection laws. Act 140 repealed the state's fair laws were enacted in 1974. 1975 saw six trade law, Act 527 made it illegal to roll back states relaxing restrictions on the advertising odometers on automobiles, Act 436 created of drug prices by pharmacies, while two the State Drug Formulary Board and provided states moved on that front in 1974. for dispensing lower cost, generically equiv- Alaska expanded the length of time buyers alent drugs, and Act 739 required that private have to revoke a door-to-door sales purchase. resident and correspondence schools be ap- The act (SB 395) also changed the provision proved and licensed by the Arkansas Board of revocation notice and clarified the defini- of Education. tion of "door-to-door sale." Another 1975 law California repealed the state's fair trade (SB 284) increased the membership of the laws on all items except alcohol (AB 1109). Alaska Public Utilities Commission from three AB 193 was passed to permit pharmacists, to five persons by adding two consumer mem- under certain conditions, to substitute a bers. generic drug for a prescribed brand-name A comprehensive new Arizona Mobile version. Another new law (SB 261) requires Home Residential Landlord and Tenant Act that the price be marked on each grocery (SB 1155) prevents retaliatory conduct by a store item, even if it is electronically marked landlord against a tenant; prohibits rental for an automatic checkout system. agreements limiting the landlord's liability Several consumer credit protections were or waiving the tenant's rights under the act; also passed by the California Legislature. outlaws landlords' collecting entrance or SB 824 requires that any retail seller who per- exit fees unless they are for services actually mits consumers to lay away goods must con- performed; and permits landlords to automat- firm in writing relevant credit information. ically increase rents for substantial unfore- AB 21 98 bans finance charges until merchan- seen expenses or tax or utility rate increases. dise is delivered or available for pick-up and The act also provides that leases are auto- the consumer is notified of the availability or matically for one year unless otherwise stipu- from the date of purchase when those goods lated. are delivered or available for pick-up by the The Arizona Legislature enacted some buyer within ten days of the purchase. AB safeguards (HB 2133) to protect against un- 601 enacted the Investigative Consumer Re- scrupulous private business and trade school porting Agencies Act, placing many restric- practices. The definition of the schools tions on the power and methods used by covered was revised to include correspon- credit bureaus and stipulating that a consum- dence courses run by out-of-state firms, and er must be able to see a credit bureau's file agents of schools with no in-state facilities on him. AB 1271 expanded the coverage of are required to pay a license application fee the Consumer Credit Reporting Act to include and provide surety bonds, among other pro- reporting for employment and insurance pur- visions. poses as well as for consumer credit. The act To safeguard the consumer in the building prohibits the use of stale and obsolete credit construction area, Arizona enacted a law data, imposes restrictions on the compilation (SB 1345) to define owner-builder so as to and use of credit data. limits the distribution of credit reports, and expands consumer ac- buyer a written manufacturer's warranty. The cess to his credit file. And SB 853 requires items which must be covered in the one- the director of consumer affairs to annually year guarantee are spelled out in the act (HB evaluate consumer programs of state agen- 5098). cies. The act also specifically gives the direc- The Delaware Landlord-Tenant Code was tor or the attorney general the power to begin extended to cover leased farm land as well as legal proceedings to protect consumer inter- residential leases (HB 254). The act specifies ests. the rights and responsibilities of each party The Colorado Fair Trade Act was repealed to the lease. in 1975 (HB 1634). SB 69 was enacted to Florida SB 309 renamed the Division of make advertising concerning a guarantee for Florida Land Sales of the Department of goods and services a deceptive trade practice Business Regulation as the Division of Florida if the nature and extent of the guarantee are Land Sales and Condominiums and gave the not disclosed. HB 1154 allows a pharmacy consumers a governmental agency to regulate to advertise its prices for prescription drugs condominiums and residential cooperative in newspapers or magazines, on radio and units. The division is authorized to receive television, or on a poster or handbill. If a and investigate complaints, including disputes drug's brand or proprietary name is adver- arising out of the internal affairs and manage- tised, its generic name must also be used. ment of condominium and cooperative as- Connecticut HB 5945 repealed the state fair sociations. A "bill of rights" for condomini- trade laws. Another act (HB 5420) permits um owners was also enacted (HB 1087). The licensed pharmacists to advertise the price seven major provisions of the act cover such of prescription drugs. A related law (HB 51 15) items as proxies, open books, and the def- requires each drug retailer to post a price list inition of common elements. Florida also re- of the 100 prescription drugs designated by pealed the fair trade law (SB 166). the commissioner of consumer protection. The Georgia Fair Business Practices Act Automobile repair shops in Connecituct of 1975 (SB 285) prohibits unfair or deceptive must, upon request, furnish customers with a acts or practices in consumer transactions, written estimate for the charge for parts and trade, or commerce; provides for an adminis- labor necessary for a specific job before do- trator and consumer advisory board; and pro- ing the repair. The law (HB 8187) further stip- vides for investigations, hearings, and actions ulates that the repair shop may not charge for damages. H.B 619 establishes the require- an amount which exceeds the written esti- ments for and regulation of the creation mate without the customer's consent. HB and operation of condominiums. The Office of 7225 requires that each landlord must, within Consumers' Utility Counsel was created in 60 days of the termination of a lease, either the Georgia Public Service Commission return the tenant's security deposit plus in- (SB 138). The counsel is authorized to repre- terest or submit to the tenant a statement sent consumers and the public in proceed- itemizing any unpaid rent and claimed dam- ings before the PSC in administrative pro- ages to the premises together with a refund ceedings, before federal and local utility regu- for the balance of the deposit. A tenant who latory agencies, and in certain judicial pro- successfully sues a non-complying landlord ceedings. HB 473 makes it illegal for any gas may recover twice the amount of the security or electric utility company or electric mem- deposit and costs incurred in bringing the bership corporation to cut off or suspend gas suit. HB 5110 requires certain express and or electric service in any residence because implied warranties with respect to the sale of the resident has failed to pay or has failed any newly constructed single family dwelling to make timely payments for any appliance unit. The warranties exist for one year and purchased from or repaired by the company may be excluded or modified only in accor- or corporation. dance with the procedures set out in the act. A new chapter in the Hawaii code (SB 91 ) A related act requires sellers of any new regulates the motor vehicle repair industry. mobile, modular, or prefab home to give the The Motor Vehicle Repair Industry Board was established within the Department of within 20 days of the transfer. If either land- Regulatory Agencies to establish qualifica- lord fails to give the required notice, it is pre- tions, practices, policies, and rules for the sumed that the tenant made a security depos- regulation of the motor vehicle repair indus- it equal to one month's rent. SB 92 expanded try. Four of the seven members of the board and clarified the rights of tenants in dealing must be representatives of the general public with their landlords. SB 1139 amended the and three are to represent the industry, at code to require written disclosure to the ten- least two of whom are to be registered auto ant by the landlord of the person authorized mechanics. Another consumer protection bill to manage the premises and to receive rents, enacted this year (SB 165) provides that notices, and demands under the code. HB mortuaries are subject to the same regulatory 1875 corrected deficiencies which have re- controls as cemeteries and pre-need funeral sulted in abuses in the sale and management services. of condominiums. The act limits the term of A new law requires that any Hawaii mer- initial management contracts to one year if chant who accepts the return of goods must the first management agent of the condomini- refund the full amount of payment by cash (if um association is the developer or an affili- the purchase was made by cash or check) or ate of the developer. Among the other pro- by credit to the purchaser's credit card ac- visions of the act, written notice must be count (if purchased with a credit card). The sent by certified mail to all members of the act (HB 142) further requires that retail mer- association 90 days before the normal one- chants post conspicuous signs to indicate year warranty expires, and developers must conditions under which refunds will be al- pay a pro rata share of maintenance costs. lowed. Idaho repealed its fair trade law. The Hawaii Legislature also enacted sev- Illinois adopted legislation to insure quality eral laws dealing with the enforcement of the education for students enrolled in business state's consumer protection acts. HB 134 and vocational schools and to prevent the use granted the director of the Office of Con- of misleading sales practices, enrollment sumer Protection jurisdiction to enjoin viola- procedures, and job placement claims (HB tions of unfair or deceptive acts, so that either 3049). HB 1328 requires that a seller indicate the attorney general or the consumer protec- in advertisments or on coupons the regular tor can enjoin such violations. HB 360 ex- price of the item. HB 826 stipulates that the pressly authorizes the Office of Consumer total amount of finance charges paid during a Protection to bring civil actions and proceed- year be computed and furnished to a buyer ings for the enforcement of consumer pro- upon request within 30 days after the end of tection laws, rules, and regulations. The the year. HB 2286 amended the Credit Card act also authorizes the office to contract Use and Issuance Act to make it an offense with non-profit organizations for the per- to fail to inform a person why his application formance of any function not involving the for a credit card has been denied. Merchants enforcement of rules and regulations. And HB are prohibited from increasing the price of 1209 authorizes the courts to provide for goods sold under a layaway plan by raising restitution to consumers who have incurred payments or substituting merchandise of a losses as a result of unfair or deceptive trade lower quality or higher price (HB 2353). HB practices. 827 requires that lenders in revolving credit In addition, Hawaii enacted four laws to arrangements provide, at the buyer's request, protect tenants and owners of condominiums. the total amount charged to an account dur- HB 1756 provides that when a landlord trans- ing the year, including service and finance fers his interest in a rental unit to a new charges, late charges, and other additional landlord, he must provide an accounting of charges. Ads for consumer goods must state the security deposits he received from each the full price of the item, or state that ser- unit to the new landlord. The new landlord in vices incidental to the proper use of the mer- turn must give a written notice of the amount chandise require an extra fee (SB 1395). of security deposit maintained to each tenant Under the provisions of SB 406, no household appliance, other than new merchandise, may inally unauthorized repairs unless granted per- be sold unless it bears a tag or label indicat- mission, and permits complaints against auto- ing whether it is used, repossessed, rebuilt, mobile repair facilities to be filed under the reconditioned, or used as a demonstrator provisions of the state Consumer Protection unit. Gasoline mileage information must be Act. posted on the price sticker of each new pas- Massachusetts passed a condominium dis- senger automobile (HB 1340). And HB 934 closure law which requires a developer war- increases the interest rates which must be ranty and establishes requirements for the paid on tenant security deposits from 4 to 5 conversion of rental units to condominiums, percent. including six months notice to tenants and The Iowa Fair Trade Law was repealed by the right of first refusal. SB 40. The Michigan Legislature repealed the state A new Kansas landlord-tenant law (HB fair trade law (HB 4925). Also passed was a 2253) lists the obligations of both parties, law (SB 2) to regulate the sale of precious sets maximum amounts of security deposits, metals by extending the Uniform Securities and protects tenants against retaliatory con- Act to include brokers and dealers in various duct of landlords. A tenant and landlord must commodities, including coins and bullion. joi.ntly inventory the premises within five days A 1975 Minnesota law (HB 278) permits of occupancy, deductions from security pharmacists to substitute a therapeutically deposits must be itemized, and certain pro- and generically equivalent drug product for visions are prohibited from being written into the brand name drug prescribed unless the rental agreements. prescribing physician directs otherwise. Even Maine (Chap. 257) now permits pharma- if the prescribing doctor prohibits generic cists to advertise drug prices and requires substitution, the pharmacist may substitute pharmacies to post the prices of the 100 pre- an identical product manufactured by the scription drugs used most commonly in the same manufacturer but distributed under a state. Pharmacies are not permitted to adver- different name. After January 1, 1976, the tise on television, however. Chapter 476 per- name of the manufacturer must appear on mits pharmacists to substitute a less ex- the container of the drug. Owners of rental pensive generic or chemically equivalent properties determined to be hazardous to pub- drug for any prescription unless the doctor lic safety and health may no longer take in- expressly says not to. Chapter 378 prohibits come tax deductions for interest annd de- any public utility from requiring any deposit preciation (HB 274). And HB 278 requires of any residential customer without proof that any restaurant or establishment which that the customer is likely to be a credit risk serves meat to the public must indicate on the or to damage the property of the utility. Ab- menu the meat entrees which contain filler sense of previous experience with the utility or meat substitutes. is not proof that the customer is a credit risk Nevada AB 257 allows the State Board of or threatens to damage utility property. Any Pharmacy to require pharmacies to post pric- proof used in requiring a deposit must be es for prescription drugs and to give such furnished to the customer upon request. prices to telephone callers. SB 300 prohibits A new Maryland condominium law sets unauthorized motor vehicle repairs and re- forth the requirements for conversion from quires cost estimates and invoices of charges rental to condominium and for liens for de- for auto repairs. SB 86 expanded the juris- linquent assessments. The act also exempts diction and scope of the Consumer Product unit owners from liability for certain claims. Safety Commission. Another 1975 law (HB 1026) requires the In New Hampshire, customer approval is posting of the prices of the 100 most com- required for any repair work done on a motor monly prescribed drugs, and permits verbal vehicle which is more than 10 percent in ex- disclosure of drug prices. And HB 432 re- cess of the estimate (HB 848). HB 126 requires auto repair facilities to return replaced pealed the fair trade law. parts, prohibits them from charging for orig- The New Jersey Fair Trade Law was repealed (AB 1843). Another 1975 law requires sold for human consumption in the state be landlords to distribute to tenants a list of their identified as to whether it is of domestic or legal rights. foreign origin, or both, and that any cafe or New Mexico HB 173, the Uniform Owner- restaurant selling textured vegetable protein Resident Relations Act, is an integrated, uni- as an imitation meat must indicate this by form codification of the entire field of land- posting the fact on a sign. Further, each lord and tenant relationships as they relate to package or container utilizing such protein rental property. The act sets the terms for must carry a notice on the label. and conditions allowed in rental agreements Oregon's fair trade law was repealed. The and prohibits the inclusion of certain pro- legislature also approved a bill to permit visions in rental agreements. Obligations are generic substitution for prescription drugs. delineated for both the landlord and the ten- In Rhode Island, any retail item which was ant, and remedies are prescribed for the ten- purchased with cash must be refunded in ant in the event of the failure of the landlord cash if returned within five business days of to deliver possession, to comply with the the sale (HB 5518). Another 1975 law (SB terms of the agreement, to supply essential 713) requires hospitals to furnish a patient services, or for unlawful ouster, exclusion, an itemized copy of his bill upon request. or diminution of service. Landlords are grant- South Carolina pharmacies may advertise ed remedies for the tenant's failure to pay the retail price of prescription drugs (St3 rent, for non-compliance with the rental 41 5). agreement, failure to properly maintain the Professional fund raisers and charitable premises, absence without notice, non-use, organizations in South Dakota were brought and abandonment. The act further prohibits under a new licensing and regulation law. retaliatory conduct by the landlord for com- Also regulated were securities, securities plaints or organizing by the tenants. HB 358 agents, brokers, and the construction and requires the identification of the finished sale of condominiums. Another law (SB 13) dosage form of a legend drug after March 1, requires pharmacists to give prescription 1976. The manufacturer identification require- drug information upon request, and HB 622 ment will be in addition to labelling by a com- requires restaurants and food outlets to cor- pany or manufacturer selling the drug. And rectly label imitation hamburger. HE 167 repealed the state's fair trade law. The Tennessee laws which had set mini- The fair trade law had previously been de- mum prices for liquor and brand names were clared partially unconstitutional as an arbi- repealed, but the state's other fair trade laws trary and unreasonable exercise of the police remain in effect. power without any substantial relation to the Texas HB 809 requires that all prescription public health, safety, and welfare. drugs manufactured and sold or distributed New York (AB 2076) rendered void any to a pharmacist in the state have affixed to provision in a retail installment contract, ob- the label the name and business address of ligation, or credit agreement by which a pur- the original manufacturer of the finished chaser waives his right to a trial by jury in dosage form and the names and business ad- any legal action arising out of such a con- dresses of all repackagers or distributors of tract. SB 5432 directed the Public Service the drug prior to its delivery to the pharma- Commission to require gas, electric, and tele- cist. phone companies to exempt persons 62 years In Vermont, the Public Service Board was old or over from cash deposit requirements. permitted to adopt rules regulating the Also in New York, St3 3331 requires that grounds upon which utility companies may all rental units carry a warranty of habitability. disconnect service, conditions under which a The warranty cannot be waived. The fair trade deposit may be required, the terms of pay- law was repealed by AB 3916. ment of a deposit, and the return of such de- The North Carolina Legislature repealed posits. the state's fair trade law (HB 464). The Washington Fair Trade Act was re- Oklahoma requires (SB 142) that all meat pealed. Wisconsin utilities which plan to cut off boards regulating trades and professions customer service must provide written notice created in the future. In signing the act, stating the reason, under a rule of the Governor Patrick Lucey stated that "consum- Public Service Commission. A 1975 enact- er protection should not be limited to the ment (A6 64) requires prescription drugs to products we buy and the stores we frequent. be labeled with a loss-of-effectiveness date. It should include the many skills and services And AB 354 provides for public members on we require in the course of our everyday the 17 existing boards and on any additional lives."

ith the continuing nationwide attention on the women's movement, equal rights w legislation predictably was the subject of a great deal of attention in many state legislatures in 1975. Two types of acts were passed by the states: general acts assuring equal treatment of women and men in broad subject areas, and specific "cleaning up" legislation to revise state statutes by repealing paternalistic laws and deleting references to or distinctions based on sex in specific acts. The former, general-type of laws for several subject areas such as credit, employment, real estate, and insurance are sum- marized in the table which follows, as well as other subjects such as alimony and the age of majority. The table also reflects the growing tendency of state laws to protect the rights of the handicapped and the elderly, and to make public buildings and street cross- ings more accessible to the handicapped. There was also a great deal of legislative action to deal with other equal rights issues not covered in the table. For example, several states enacted laws to protect a pregnant woman's right to retain her job, to protect the rights of rape victims, and to make both a husband and wife equally liable for the support of the other. The question of whether to ratify the Equal Rights Amendment to the U.S. Constitution was discussed in four of the states which have not yet approved it, and North Dakota became the 34th state to ratify the amendment. Ratification by four more states is required before it can become a part of the constitution. In addition, two states presented equal rights amendments to their state con- stitutions to the people in November. The voters in both New York and New Jersey rejected those proposed amendments. 1975 Actions to Assure Equal Rights and Opportunities

Same Age Prohibitions Against Discrimination in Prohibitions Against Discrimination in of Majority Edension of Credit on Basis of El loyment Practices on Basis of for Men I Physical and Women 1 Sex Marital Status Sex Marital Status Handicap I Ch. 104 Ch.104 ARKANSAS Act 892 1 AB 566 CALIFORNIA AB 181 COLORADO HB 1427 CONNECTICUT H B 8247

FLORIDA GEORGIA HB 40 HB 297 HAWAII Act 109 Act 109 Act 30 ILLINOIS HB 2286 HB 87: HB 250 INDIANA

KANSAS LOUISIANA MAINE MARYLAND

MASSACHUSElTS MICHIGAN MINNESOTA MISSOURI MONTANA

NEVADA NEW HAMPSHIRE NEW JERSEY NEW MEXICO NEW YORK

NORTH DAKOTA OHIO OKLAHOMA SOUTH DAKOTA

TENNESSEE TEXAS UTAH U.S. Supreme (Zourt Decision VIRGINIA WASHINGTON WISCONSIN

Footnotes: Chapter, act, or bill number unknown. a. Requires court to restore maiden name in any divorce if a women requests it. b. Applies only to polling places. c. Or husband may use w~fe'ssurname, or they may hyphenate their names. d Applies only to educational personnel. P Health and accident insurance policies must include conversion option so a person insured under a spouse's policy may obtain the insurance !or h~mselfor herself following a divorce. Prohibition Against Alimony or Discrimination in Real Prohibition Against Child Support Ramps on Curbs Estate Transactions on Discrimination in Issuing May Be Woman or in Public Buildings Basis of Insurance c Basis of Awarded to May Keep Required to Increase Physical Either Maiden Accessibility to Sex Marital Status Sex Name Handicapped ALASKA Ch. 104 Ch. 104 Ch. 137 ARKANSAS A G Op~n~on CALIFORNIA SB 155a COLORADO CONNECTICUT

FLORIDA GEORGIA HAWAII Act 109 Act 1 l4c ILLINOIS INDIANA

IOWA KANSAS LOUISIANA MAINE MARYLAND

M ASSACHUSElTS MICHIGAN MINNESOTA MISSOURI MONTANA

NEVADA NEW HAMPSHIRE NEW JERSEY $ G,and Court Rulings NEW MEXICO

NEW YORK NORTH DAKOTA OHIO OKLAHOMA

SOUTH DAKOTA TENNESSEE Court Ruling TEXAS UTAH

VIRGINIA HB 1234 WASHINGTON SSB 2692 WISCONSIN Court Ruling

f. Appl~esonly to labor organlzatlons. g. lnsurance pol~clesmust provide maternity benefits for unmarr~edwomen at same terms and cond~tionsas offered to marr~edpersons. h. New regulations added to state bulldlng code by Department of Economic and Commun~tyDevelopment. i. Husband or wife may adopt other's name or entirely new name j. Repeals state law restrict~nghours of employment for women. k. State supreme court overturned a law whlch would have granted a wlfe all the couple's property in case of a d~vorce.State appeals court upheld an order requlrlng a woman who deserted her husband and ch~ldrento pay ch~ldsupport

uring recent years a great deal of attention has been focused on the judicial and Dprosecutory elements of our nation's criminal justice system. States have moved to restructure their court systems into unified systems, attention has been paid to increasing the professionalism of judges and prosecuting attorneys, and actions have been taken to assure the independence of defending attorneys and to guarantee each person's constitutional right to be represented by an attorney. Attention has also been directed toward the antiquated prison systems of the states by ex- perimenting with programs aimed at rehabilitating prisoners and by establishing regional or community correctional centers. More attention has also been paid to guaranteeing that the constitutional rights of prisoners are protected. Another area of attention has been the police systems of state and local governments. To promote efficiency and avoid duplication of effort, there has been some attempt to establish regional police forces, and minimum standards for the training of police officers have been established. During 1975, states addressed each of these issues in varying ways. Three states adopted measures to regionalize police services or correctional facilities, three restructured or eliminated their justice of the peace public officials' misconduct, fraud, theft, stol- systems, three enacted statutes to promote en property offenses; and gambling, prosti- the professionalization of police personnel, tution, and narco'tics offenses occurring in or and three states adopted a more unified court affecting the residents of more than one system. Two states established state depart- county. ments of corrections to oversee the punish- Arizona justices of the peace were relieved ment and rehabilitation of offenders, three of their duties as coroners. Counties are now others adopted measures to guarantee the required to appoint a forensically skilled protection of the rights of inmates in state pathologist as county medical examiner or correctional facilities, and five states amend- to contract with a physician to perform the ed their jury service laws to eliminate exclu- duties of county medical examiner (Chap. sion or preferential treatment of women who 114). And Chapter 162 established the Ari- are prospective jurors. zona Drug Control District composed of the Alaska Governor Jay Hammond reorga- four largest population counties. A coordinat- nized the Department of Law by creating the ing committee of the sheriffs and county at- position of deputy attorney general for crim- torneys of each county, the governor, attor- inal affairs. With that change, the division will ney general, speaker of the House, and Sen- be elevated to equal status with the civil divi- ate president was formed. The district is sion. The deputy attorney general will have di- charged with operating a continuing strike rect supervisory and coordinating authority force against violations of the state's drug over all district attorneys' offices in the state. and narcotics laws. The intent of the reorganization is to insure Arkansas created (HB 577) the Advisory maximum efficiency in criminal prosecutions Board and Executive Commission on Law En- and to assure that the standards for the ad- forcement Standards. The act requires the ministration of justice in one part of the state state to provide facilities and training op- are similar to the standards in the other parts. portunities for law enforcement officers ef- As of August 15, the practice of plea bar- fective January 1, 1976. gaining was ended in the state. Under the The Office of State Public Defender was new policy, district attorneys may recom- created in California (SB 1018). The public mend sentences, but sentencing will be pri- defender is to be appointed by the governor marily up to the courts. Two years ago the to a four-year term, subject to Senate con- National Advisory Commission on Criminal firmation. With certain exceptions, AB 255 Justice Standards and Goals called for the bars employers from asking a job applicant abolition of plea bargaining by 1978. to disclose information concerning an arrest The Arizona Legislature authorized the that did not result in a conviction, and the act destruction of juvenile court records relating bars law enforcement officials from disclos- to juvenile offenders when the person judged ing such information to employers. AB 1506 delinquent or incorrigible reaches his or her enumerated the rights of prisoners and pro- 23rd birthday and if the person has no adult vided that prisoners may be deprived of only criminal record, has no pending criminal those rights necessary for reasons of security. complaints, and is not under the jurisdiction SB 299 gave adults the right to petition for the of the Department of Corrections (Chap. 141). sealing of their records in any criminal case Also enacted (Chap. 124) was an act requir- when the person was acquitted of the charge ing the impaneling of a grand jury with state- and when it appears to the judge that the de- wide jurisdiction each year upon the written fendant was innocent. And AB 681 eliminated application of the attorney general to the chief categorical exemptions from the jury selection justice of the Arizona Supreme Court. The process. grand juries (three of them may operate at Connecticut enacted a law (SB 1373) one time) have jurisdiction over only certain which removed all references to sex from the specified offenses: tax and securities of- statute which entitles exemptions from jury fenses; real estate fraud, pension fund and service to policemen and to women who are labor union offenses; insurance offenses; directly participating in the treatment of children in a hospital; who are nurse attendants; fender Division. The division is required to who are caring for a sick member of the fam- consult with and make recommendations to ily; or who have one or more children under the director of corrections regarding the gen- 16 years of age living at home. Thus, the act eral treatment and correctional policies and entitles males to those same exemptions. procedures for committed adult offenders. The Delaware Legislature passed a law The division is also to recommend to the State (HB 679) which established a uniform system Board of Pardons and Paroles orders to direct for the selection of grand and petit juries the conditional release of adult offenders un- to assure random selection of jurors from all der supervision and orders to direct the un- sections of the county where the court is conditional release of such offenders. HB 696 convened. The act prohibits the exclusion of provides that the State Board of Corrections any person from jury service on account of be authorized to pay counties for maintaining race, color, religion, sex, national origin, or and operating correctional institutions in economic status. The superior court in each which state prisoners are assigned. County county is responsible for preparing a written institutions were also authorized by the act to plan to achieve those objectives. An executive participate in state purchasing contracts for order issued by Governor Sherman Tribbitt providing materials and supplies to state or (EO 79) created the Governor's Police Juris- county inmates. HB 74 repealed the exemp- diction Commission to "prepare a recommen- tion of women from service on juries. dat'ion to the governor on the future course of The Hawaii Legislature enacted a new action that should be taken by the state and statute (HB 121 8) which allows a person who county governments to resolve the fundamen- was convicted of a misdemeanor and who has tal problems of competing jurisdictions." SB not subsequently been arrested after 20 years 487 established a state department of cor- of the date of his conviction to have his crim- rections. Juvenile and adult corrections were inal record removed from public access. removed from the Department of Health and Alcoholism is no longer a crime in Idaho. Social Services and placed under the new de- The 1975 legislature declared it an illness to partment, which has all the powers and re- be medically treated. sponsibilities of the previous Division of Cor- Illinois made three changes in the grand rections and Youth Services Commission. The jury process. HB 65 provides that persons act also created the Advisory Council on Cor- charged with an offense or against whom a rections to be appointed by the governor. SB state's attorney is seeking an indictment, 120 established a pre-trial detention center so-called "target defendants," have a right to relieve overcrowding at the state's cor- to private or appointed counsel to advise them rectional institutions. of their rights. Current practice excludes all A proposed amendment to the Florida Con- persons from the grand jury room except the stitution was approved for submission to the prosecutor, witness, court reporter, and grand voters in 1976 (HJR 1709). The amendment jurors. HB 64 requires that transcripts be would change the procedures followed by the made of all questions of grand jury witnesses Judicial Qualifications Commission. The com- and all answers given by them. And HB 1444 mission could receive information from grand allows a state's attorney to prosecute a felony juries and could be required to make avail- case by information instead of being required able all information in its possession for use to present evidence to a grand jury. Before in impeachment or suspension proceedings. seeking any information a preliminary hearing The legislature also approved an act (SB which finds probable cause must be held. 169) creating the new Department of Offender Similar procedures are already in effect in Rehabilitation, separating adult corrections many states. from the Department of Health and Rehabil- The Indiana Legislature created the Office itative Services. of Judicial Administration within the Office of The Georgia Special Adult Offender Act of the Chief Justice to make recommendations 1975 (HB 1106) creates, under the State on improving administrative methods and to Board of Corrections, the Special Adult Of- compile data on case loads (SB 299). HB Case Study

Kentucky Voters Approve Judicial Amendment

The voters of Kentucky approved a Initial implementation concerns cen- constitutional amendment in November tered around state funding for the courts which will significantly alter the organi- which will begin operations on January 1, zation of the court system across the 1976. The new chief justice, in his ca- state and implement other changes de- pacity as chief administrative officer of signed to speed up the judicial process. the new court system, has the difficult Following the lead of states such as Ala- task of developing standard operating bama in court reform, the chief justice procedures for all state courts. The cost of the newly created supreme court will to the state for implementing the Judicial also have administrative responsibilities Article in the 1976-78 biennium has been for the entire system. Other require- estimated at approximately $30 million, ments, such as complete state funding not including juror costs. for the courts and that most judges must Legislation supporting the supreme be attorneys, are seen as major ele- court and the court of appeals will come ments in improving the efficiency and from the 1976 regular session of the enhancing the quality of Kentucky courts. General Assembly, but it is anticipated What emerges is a four-tier court sys- that the difficult problems related to es- tem which will replace a maze of inferior tablishment of the district courts will re- courts and a single appellate body. The quire a special session of the legislature seven former justices of the court of ap- in 1977. Many important decisions have peals will automatically become justices been left to the legislature, such as sal- of the new state supreme court when aries for the various judges, how many the first stage of the enactment becomes districts there should be, the limits of the effective on January 1, 1976. A new in- district court's jurisdiction, and how rev- termediate court of appeals will also enue generated by these courts will be come into being on that date; it will be shared with local jurisdictions. The Of- composed of 14 justices with the power fice of Judicial Planning (OJP), which is to review appeals at locations around coordinating the implementation of the the state, thereby reducing the case load Judicial Article, will probably recom- of the supreme court. mend that the district courts embrace The 86 existing circuit courts will be the existing 55 judicial districts served by retained in essentially their same format, the circuit courts. Heavily populated but jurisdictional bounds will probably counties will have more district courts lo- be redefined. The most sweeping reform, cated throughout the county, whereas effective January 1, 1978, will be the judges in smaller districts may be dis- merger of nearly 1,000 courts of inferior patched to help out in busier districts. jurisdictions - county courts, police courts, magistrate courts, probate District court judges must be residents courts, and juvenile courts - into the of the district in which they serve, and newly created district courts with a min- they will serve four-year terms. The jus- imum of 120 judges (one for each tices of the supreme court and judges of county). the court of appeals and circuit courts PRESENT JUDICIAL SYSTEM

Court of Appeals (7 Justices) I Circuit Court (86 Judges) I I 1 I County Court Quarterly Court Police Court Magistrate Court (120 Judges) (120 Judges) (Approximately 360 Judges) (Approximately 600 Judges)

will serve eight-year terms and will be elected on a non-partisan basis. As to the jurisdictional question, the new district courts will try all mis- demeanors and take over the functions of police courts, probate courts, quarterly courts, and juvenile courts. The circuit courts will ti.y all felony cases and major civil cases, which the Office of Judicial Planning has recommended to be civil cases involving $2,500 or more. The OJP will also recommend that all domestic Supreme Court 1 relations matters be left with the circuit (7 Justices) courts. All fines and fees collected by the courts will go into the state treasury, I I Court of Appeals and the legislature must address the is- (14 Justices) sue of how these funds will be administered and shared with the local gov- I t Circuit Court ernments. (86 Judges) County judges will lose their judicial functions under the reorganization, and I ~istrictCourt the roles of the constitutionally protected (Minimum 120 Judges) county officials remain to be determined 1/1/78 in light of legislative implementation actions. The plan reportedly will speed up the judicial process in Kentucky and perhaps serve as a model for other states interested in court reform, particularly with its novel intermediate court of appeals - a concept that has been urged by jurists at the federal level. A comparison of the old and new judicial systems is seen above. 1805 added a new chapter to formalize plea retirement of judges for cause and to recom- bargaining procedures. If the recommenda- mend to the supreme court such removal or tion is not accepted by the court, it may not involuntary retirement. HB 111 repealed a be used as evidence during the trial. HB 1269 state law which required segregation by race gives jurors civil remedies against employers in state prisons. to protect employment while serving jury duty. The superior court system in Maine was re- The act also provides criminal penalties vised when the legislature approved a bill against an employer who fails to comply with recommended by the Maine Trial Court Re- its requirements. The law concerning trials of vision commission. The bill provides for state juveniles for various crimes was also changed financing of trial courts. Five judicial regions (SB 90). The act takes a juvenile charged were created, each with an administrator and with murder out of the jurisdiction of the a presiding judge to coordinate the superior juvenile court and provides for waiving juris- court activities in each area. The act also diction in certain cases if the child is 14 or created the post of state court administrator, over. SB 441 created small claims courts in appointed by the chief justice of the supreme many counties of the state to replace the court, to oversee the operations of the su- justice of the peace courts. Another act (SB preme court and the superior courts. 57) allows mutual assistance agreements The Maryland Legislature created a new among state, city, town, township, and system for the prosecution of state and local county law enforcement agencies. crimes. The new organization includes the A new Iowa law (HB 766) established a creation of an office of state prosecutor. prosecuting attorneys' training coordinator Massachusetts district attorneys were re- and provided for the creation of a council to quired to drop their private law practices and appoint the training coordinator. The coor- devote full time to their public duties. Gover- dinator's duties will be to develop a program nor Michael Dukakis issued an executive or- of continuing education, to disseminate in- der creating the Judicial Nominating Com- formation, and to achieve a uniform system mission to advise him on all appointments of of conduct, duty, and procedure in the admin- judges and clerks of court and the designa- istration of justice. tion of the chief justices of all the state's A Kansas law (SB 284) implemented one courts. Another executive order established a aspect of the judicial article of the state con- comprehensive set of guidelines for the par- stitution which was adopted in 1972 to estab- doning of criminal offenders. lish a unified court system. The bill created a The Michigan criminal code was amended court of appeals consisting of a chief judge (HB 4363) to establish new procedures for and six associate judges. The qualifications presenting an insanity defense. The act also and methods of selection of the court of ap- created a new plea called "guilty but men- peals' judges are the same as those pre- tally ill." scribed by law for justices of the state su- The Mississippi Supreme Court was em- preme court. HB 2142 provides that a newly powered to establish rules of civil practice elected or appointed sheriff may hold office and procedure for lower courts (SB 2490). only on a provisional basis until he has A constitutional amendment approved in No- satisfactorily completed a course of study at vember changed the name of justices of the the state Law Enforcement Training Academy. peace to justice court judges, increased their In November, Kentucky voters approved a jurisdiction to $500, and required them to new judicial article for the state constitution. have a high school education (HCJ 11). See the case study for a description of the Sheriffs in Missouri cities over 200,000 may amendment. now take prisoners to the state penitentiary The Louisiana Legislature (HB 430) re- whenever they deem necessary rather than pealed the law which had created a judiciary keeping them in local facilities. commission. The judiciary commission had The Nebraska Legislature created the new the power to investigate and conduct hearings Department of Correctional Services to be into questions of the removal or involuntary composed of the Divisions of Community- Centered Services, Administrative Services, granting, denying, or revoking parole. and Juvenile Services. The New York Legislature passed a law Three amendments to the judicial section (AB 1213) requiring that parole boards inform of the Nevada Constitution will be submitted a prisoner, within two weeks after a parole to the voters in November, 1976. One ap- hearing, of the reasons for a denial of parole. points the chief justice as the administrative SB 1641 prohibits the automatic exclusion head of the state court system. His duties in of women from jury duty. SB 1232 increased that capacity are to apportion the work of the the jurisdictional limits of the small claims supreme court among its justices, to assign parts of city and district courts from $500 district judges to assist in other judicial dis- to $1,000. The action was taken to allow con- tricts or to specialized functions which may be sumers recourse to the simplified and inex- established by law, and to recall to active pensive procedure of small claims courts for service any retired justice or judge of the a wider range of items. In November, the vot- court system for assignment to temporary ers approved two questions which were on duty within the court system. Another pro- the ballot. One provided for a centralized posed amendment would authorize the legis- administration of the state's court system un- lature to expand the membership of the su- der a single administrator. The other recon- preme court and to authorize the division of stituted the present Temporary State Com- the supreme court into panels for hearing mission on Judicial Conduct into a permanent certain cases. The third proposal would pro- body that could investigate, discipline, or vide for merit appointments of judicial of- remove judges for improper or incompetent ficers. conduct. Another 1975 act prohibits employ- A New Jersey enactment (SB 762) requires ment discrimination against former felons. that the director of the Division of Correction A proposed North Dakota constitutional and Parole see that every state penal and cor- amendment was approved for the 1976 ballot. rectional institution formally promulgate and The article would create a unified court sys- publish rules and regulations regarding the tem and require a judicial nominating com- rights, privileges, duties, and obligations of mittee to be established by law. Any va- the inmate population. Upon the arrival of a cancy in the office of supreme court justice prisoner in any correctional institution, he or district court judge would be filled by ap- must be furnished with a copy of the institu- pointment by the governor from a list of candi- tion's rules and regulations, and the meaning dates nominated by the committee, unless the must be explained to him. Spanish language governor calls for a special election to fill copies must be available, and any person has the vacancy for the remainder of the term. the right to have a verbal explanation of the The Oregon state parole board was expand- regulations in his or her native language. ed from three to five members. One of the The New Mexico Arrest Record Information new members must be a woman. The board Act (SB 166) was passed to allow a responsi- was ordered to review each inmate's record ble exchange of information among law en- every two years. forcement agencies while protecting indi- Rhode Island enacted a law (SB 389) re- vidual rights which may be infringed if the in- quiring that town lists of qualified jurors information is inaccurate, incomplete, or ir- clude women. responsibly disseminated. The act makes ar- A constitutional amendment moving to a rest record information confidential except unified court system will be on the ballot in for dissemination among law enforcement South Dakota in 1976. agencies or for research purposes. An indi- Texas created the State Judicial Qualifi- vidual may inspect any arrest record informa- cations Commission to take action against tion pertaining to him. HB 85 requires that all judges whose willful or persistent conduct is district attorneys and their assistants be em- clearly inconsistent with the proper perfor- ployed on a full-time basis beginning in 1977. mance of the judge's duties (HB 965). And the legislature created a full-time pro- Texas also created (HB 272) the Commis- fessional parole board with responsibility for sion on Jail Standards, consisting of nine members, to oversee county jails and ensure tenance, transportation, and other expenses that each is in compliance with certain mini- incurred for the resident's release program. mum standards. The commission was given Two 1975 West Virginia laws implemented broad authority to enforce the standards, in- the Judicial Reorganization Amendment to the cluding the authority to prohibit confinement state constitution which was approved in of prisoners in a jail not in compliance. The 1974. HB 1396 established a system of mag- incorporation of non-profit legal service plans istrate courts with the first magistrates to be to provide prepaid legal services was also elected in 1976, and HB 1406 established a authorized (SB 28). more unified court system with administrative The Utah Division of Corrections was pro- powers over lower courts vested in the su- vided the authority to establish and maintain preme court of appeals. community corrections centers for pre- The Wisconsin Supreme Court restructured parolees and probationers (HB 25). The divi- the state's court system into 14 judicial dis- sion was given the power to prescribe rules tricts, each to be headed by a chief judge, and regulations for the operation of the cen- and containing multi-judge courts within the ters and for work release programs. The act districts. The administratively ordered reor- also provides that residents reimburse the ganization may be challenged by the legisla- division for the reasonable cost of the main- ture. HUMAN SERUlCES

ach year there is a great deal of legislation in the states aimed at improving Ecitizens' lives. Such programs run the range from providing government services such as garbage collection on a more efficient basis, to protecting the rights of the mentally ill, to providing state money or guarantees aimed at assuring that low- and middle-income people can afford decent housing. Some of these initiatives in 1975 were largely in response to federal legislation. For example, during the year nine states expanded programs of the state, and four broadened local government powers, to provide money or guarantees for housing. This action was prompted by the federal Housing and Com- munity Development Act of 1974 which, in order to qualify for federal funds, required the states to have some structures and functions which many did not already have. Other actions show the continuing willing- ness of the states to take a more active role in providing human services. Six more states passed laws authorizing the establishment of, or regulating, health maintenance organizations, health care plans which offer full- range medical care to subscribers on a prepaid basis. Four states moved toward establishing community based mental health treatment, and there were actions to permit people who would previously have been committed to a mental hospital to receive atten- the local level for state-approved projects. tion on an outpatient basis. Six more states The interest rates are expected to be 2 per- enacted "bills of rights" for the mentally ill cent less than for conventional home loans. or retarded. Following is a look at some of Required down payments will also be lower the 1975 actions which states took to provide for those who qualify for the loans. Another needed services and protect the rights of act, AB 1229, authorized the cour.ts to confine their citizens. the criminally insane and mentally incompe- The Board of Nursing Home Administrators tent to approved local mental health facilities was created (Chap. 123) in the Alaska De- rather than state hospitals or approved pri- partment of Commerce. The act provides for vate hospitals. AB 1x created a new housing the examination, licensing, and regulation finance agency and authorized it to provide of the nursing home industry. Chapter 121 an insurance program for rehabilitating, re- established a program of state assistance to financing, or purchasing residential structures local communities for planning, organizing, (SB 4x). AB 138 calls for health maintenance and financing community mental health pro- organizations to be regulated by a new health grams. Chapter 124 authorizes the creation care licensing and regulatory system. State of regional resource centers in which the agencies also adopted regulations to forbid services of both a regional educational at- "redlining." (See the Illinois case study for tendance area or a school district may par- a discussion of "redlining.") ticipate. Colorado counties and municipalities may Arizona Chapter 111 provides that prisoners now issue revenue bonds for low- and middle- suffering from mental disorders may be trans- income housing facilities which are to be ferred to the state hospital from any state used as the sole place of residence by the correctional facility and not just from the intended occupants (SB 57). SB 416 author- state prison. The superintendent of the state ized the creation of a state corporation to hospital no longer has an independent re- make loans and provide insurance for loans transfer authority; such a transfer back to a for the purchase and rehabilitation of older correctional facility requires a court order housing. The corporation would make the following a hearing upon a petition submitted loans to persons who can prove that they can- by the superintendent or the patient. not otherwise obtain financing or that financ- The Arkansas Legislature granted munici- ing is available only upon terms substantially palities all powers and authorities granted to different from loans related to newer homes. housing authorities and urban renewal agen- The act directs the Division of Housing of the cies. The law (Act 163) makes it possible for Department of Local Affairs to provide as- municipalities to be much more active in the sistance to determine the extent and method redevelopment of their own cities in the areas of repairs and rehabilitation which will be re- of public housing, urban renewal, and com- quired to qualify for the loans. munity development. Act 454 prescribes pro- The Connecticut City and Town Develop- cedures for the establishment and operation ment Act (SB 572) permits municipalities to of health maintenance organizations. acquire, develop, sell, lease, and operate real A new California law provides for a $950 and personal property for economic develop- million plan to provide low-interest loans for ment purposes. The intent of the act is to allow- and middle-income wage earners who leviate conditions of unemployment which cannot afford to obtain adequate housing. The are related to the obsolete, inefficient, and act calls for the sale of up to $450 million in dilapidated condition of residential and non- state revenue bonds to finance new housing residential facilities located in certain mu- starts and renovation of existing substandard nicipalities. The legislature found that those structures. A $500 million general obligation conditions are impairing the economic and bond issue for the same purpose will be sub- social viability of municipalities, resulting in mitted to the voters for ratification next year. a waste of both human and economic re- Under the bill, the loan funds will be funneled sources, and the municipalities lacked the through both public and private agencies at legal powers needed to deal with the conditions. in various programs designed to increase the The State of Delaware will now guarantee supply of adequate housing for families of mortgage loans of people who qualify under low- and moderate-income, including the el- rules of the Delaware Housing Authority be- derly, the handicapped, and the disabled. The cause banks are unwilling to finance home authority, which may also make loans for non- improvements for fear of losses (Sf3 286). institutional health care facilities, may only The Delaware l mprovement l nsurance Fund function through and in cooperation with local was created and appropriated $1 million to agencies under the condition that some type carry out the purposes of the act. SB 186 of local contribution, not necessarily mone- enacted provisions to protect the welfare of tary, be given by local agencies. persons alleged to be mentally ill. They may Another 1975 lowa law (SB 499) revised be involuntarily committed for no more than the laws governing the hospitalization and three days, during which time they must be treatment of persons for mental illness who either released or certified as mentally ill are involuntarily committed. The responsi- by a psychiatrist. If certified to be mentally bility for deciding that an individual should be ill, the court may order treatment. Hearings hospitalized or required to accept treatment to decide upon further treatment or release against his wishes was transferred to the from the hospital must be held every six district court. A procedure which affords pro- months. tection against arbitrary or ill-considered Two Florida laws (HB 522 and H B 1192) action in such cases is prescribed. were passed to provide additional safeguards In Kentucky, persons may no longer be to the patient in the involuntary commitment involuntarily committed to a mental institution process. Among other provisions, the laws re- unless they are dangerous to themselves or quire hearings, as well as advance notice of others. The new policy is the result of a fed- them, the patient's right to counsel, and his eral court ruling which voided a state law right to an examination by an independent because it set no specific standards for in- expert. HB 815 enacted a bill of rights for the voluntary commitments. mentally retarded which specifically guaran- The Louisiana Development Authority for tees their right to education, training, medical Housing Finance was created by SB 292. treatment, and humane discipline. And HB Maine Chapter 503 authorized the estab- 794 provided start-up loans for group homes lishment and licensing of health maintenance for the retarded. organizations. Chapter 619 enabled the De- The 1975 Hawaii Legislature enacted a pro- partment of Health and Welfare to conduct a gram to develop public service employment program to provide free drugs to the elderly opportunities for the unemployed and under- and disadvantaged. And Chapter 358 amend- employed. Act 151 created the State Compre- ed the state Human Rights Act to prevent hensive Employment and Training Program discrimination against the mentally handi- with an appropriation of $10 million for the capped. one-year project. The Maryland Legislature enacted a law Manufactured (prefabricated) housing was (Chap. 276) which permits the establishment added to the protections of the Illinois of health maintenance organizations and pre- Mobile Home Safety Act (SB 837). The act scribes their rights, powers, and duties and requires manufactured housing to comply exempts them from paying the state insurance with applicable safety codes, and it creates tax on premiums. the Advisory Council on Mobile Homes and The legislature approved a constitutional Manufactured Housing. Illinois also enacted amendment for submission to Nebraska vot- two major bills aimed at halting "redlining." ers in November, 1976. The amendment See the case study on those laws. would authorize tax increment bond legisla- Indiana SB 491 allows cities to establish tion as a method of funding redevelopment a program for urban homesteading. projects. The legislature would be authorized lowa HB 823 was enacted to establish the to allow a political subdivision to issue lowa Housing Finance Authority to engage bonds for the funding of redevelopment projects, and the bonds would be retired by prop- ernments to inspect factory-built housing erty taxes on new valuations in the projects. and manufactured buildings. ~ebraska. also established a construction New Hampshire established a statewide code for the manufacture of mobile homes plumbing code (HB 775). and recreation vehicles. New Jersey created the State Mortgage The State of Nevada created the new Hous- Finance Agency to buy existing low- and ing Division in the Department of Commerce moderate-income housing mortgages to pump (SB 354). The bill authorizes the state to more money into the housing market. The issue up to $200 million in bonds for loans MFA may float bonds to finance the purchase for home purchases to reduce mortgage pay- of outstanding mortgages, with the stipulation ments that discourage workers with good that the lending institutions use the proceeds credit from buying a house. The act is ex- of their sales to fund new mortgage loans. The pected to have the biggest impact in the first issues of the bonds will be approximately $10,000 to $12,000 gross annual income $50 million. Another 1975 law (Chap. 104) range. Prospective home buyers could qual- gave homeowners who live in deteriorating ify if they have already been turned down by neighborhoods a five-year tax break on up conventional loan sources because their to $4,000 in residential improvements. A con- gross incomes are too low to cover the mort- stitutional amendment approved by the voters gage payments. AB 56 authorized local gov- in November authorizes municipalities to

Case Study banks and savings and loan institutions from discriminating on the basis of the Illinois Becomes geographic location of the property in First State to Enact their lending practices. To help the state detect illegal prac- Anti-Redlining Laws tices under the latter act, banks, savings and loans, mortgage banking companies, and insurance companies must also disclose the number and dollar amount of On August 28, Governor Dan Walker loans applied for and granted in the signed two Illinois bills written to prevent communities they serve. The records redlining by lending institutions. The leg- must be filed twice a year with the direc- islation is the first such anti-redlining ac- tor of the Illinois Department of Financial tion in the nation. Redlining, the arbitrary Institutions. The local institutions must denial of mortgages because of the loca- also make their reports available to the tion of the property involved, is usually public. based on a fear that the neighborhood is HB 2350 further prohibits financial in- declining. The practice has created a stitutions from denying normal services, vicious circle in which deteriorating including the granting of mortgages, to neighborhoods cannot be rehabilitated any person on the basis of sex, marital because no money is available - the status, race, or national origin. Financial neighborhood gets worse and money is institutions are also barred from denying even harder to get. or varying the terms of a loan based on One of the bills (SB 1103) requires the geographic location of the property that financial institutions disclose by offered as security or based on the zip code and by census tract the areas in childbearing capacity of an applicant or which they lend their money for the pur- the applicant's spouse. chase or rehabilitation of homes. In addition to denying loans because The other bill (HB 2350) prohibits of location, another effective method of adopt property tax exceptions or abatements court also directed communities to adopt in areas needing rehabilitation. The state land-use regulations which affirmatively pro- commissioner of community affairs and the vide for a choice in housing, including low- new Code Advisory Committee were directed and moderate-income housing at least to the to study various nationally recognized building extent of the municipality's fair share of the regulations and choose one as the basis for a surrounding region's needs. The state su- uniform set of building standards throughout preme court, in two different cases, ruled the state. The advisory committee is to search that mental patients are entitled to a lawyer for methods to reduce energy waste. Those at all commitment hearings, and that the methods will also be incorporated in the de- criminally insane may be confined only as sign and building standards. long as they are dangerous to themselves or On March 24, the New Jersey Supreme others, the same standard that applies to civil Court ruled (Southern Burlington County commitments. And SB 11 17 detailed the NACP versus Township of Mt. Laurel) that rights of people confined because of mental local zoning ordinances which act to exclude illness or mental retardation. poor or moderate-income persons are illegal. The New Mexico Mortgage Finance Au- The decision effectively outlawed restrictive thority was created (HB 88), consisting of zoning ordinances such as those which pro- the commissioner of banking, attorney gen- hibit apartments or require large lots. The eral, state treasurer, and four members ap-

redlining has been to vary the terms of or building and loan associations unless a loan by requiring a greater than av- a similar pledge is made. erage down payment or a shorter repay- If a person believes that he has been ment period, charging higher interest discriminated against by a lending insti- rates, or under appraising real estate or tution, he may bring a suit in circuit other items used as security. The legisla- court. If the court finds a financial in- tion states that financial institutions stitution in violation of the law, damages may not deny or vary the terms of a loan may be awarded. without first having considered all of the These pieces of legislation were rec- regular and dependable income of each ommended by the Governor's Mortgage person responsible for repaying the loan. Practices Commission, a group appoint- Also prohibited are lending standards ed by Governor Walker to study the that have no economic basis and which problem of redlining and to make rec- are discriminatory in effect. ommendations to end the practice. In Earlier in the year a related act had May, the governor appeared before the been signed by the governor. SB 48 re- United States Senate Committee on quires that banks seeking the deposit of Banking, Housing, and Urban Affairs to state money must pledge not to reject urge the enactment of similar federal mortgage loans for residential properties legislation. Walker expressed a fear that within any specific part of the community unless redlining is stopped, the federal served by the institution because of the government would be forced to start property's location. The bank must also huge and expensive programs similar to pledge to make loans available for low- the Model Cities, urban renewal, and and moderate-income residential prop- slum clearance programs of the 1960s erty throughout the community, within to arrest urban decay. Walker stated his the limits of the bank's legal restrictions feeling that, by and large, those pro- and prudent financial practices. That act grams had failed, and any attempt to further prohibits the state treasurer from reestablish them would be an expensive investing state money in savings and loan mistake. pointed by the governor, to issue negotiable justified. A three-judge federal panel voided bonds and notes to provide funds for making a state law which allowed parents to waive loans to mortgage lenders. The authority may their children's right to a hearing. The child purchase mortgages from mortgage lenders must also be granted an attorney for the at prices no less than the unpaid balance of hearing. the mortgages. The bill is designed to assist The Rhode Island Legislature established the housing industry by providing an alternate community-based residential facilities for the funding mechanism for the mortgage market. mentally ill, retarded, drug abusers, and al- HB 240 created the State Housing Authority coholics (SB 51 6). in the State Planning Office and a five- South Carolina authorized the State Hous- member State Housing Advisory Committee. ing Authority to provide funds for stimulating Some of the functions of the authority are: to the housing construction industry and aiding receive federal and other funds for housing low- and moderate-income persons. A similar programs; mobilize housing assistance and 1974 law had been ruled unconstitutional so, funding resources with regard to the construc- to meet the court's decisions, the new law tion of new housing; and establish goals and specifically stipulates that bonds issued by the policies for housing construction, rehabilita- authority do not pledge the full faith and tion of existing structures, and rental or leas- credit of the state. ing programs. HB 399 created a statewide South Dakota provided procedures for the structure for organizing community mental commitment and care of the mentally ill and health programs in service areas designated for establishing their rights. The state also by the Department of Hospitals and Institu- made provisions for reimbursement to state tions, including multicounty areas. facilities for the care of the developmentally In March, the New York Legislature ap- disabled. propriated $90 million to keep the state- The Texas Health Maintenance Organiza- created Urban Development Corporation tion Act provides for the establishment, cer- alive. With $1.1 billion in bonds outstanding, tification, organization, and regulation of the UDC has become the nation's largest HMOs (SB 180). As an alternative to com- housing and business construction agency. mitting a person found to be mentally ill to a The Ohio Supreme Court ruled that subur- mental hospital, HB 91 7 gave judges the dis- ban ordinances that allow voters to keep low- cretion of ordering the person to submit to cost housing out of their communities were treatment, observation, or care on an outpa- unconstitutional (Forest City Enterprises tient basis. versus City of Eastlake). The court said that To assure that handicapped children have such ordinances are designed solely to keep an equal educational opportunity, Texas HB black and poor people out of the suburbs. The 1673 requires school districts to make avail- decision said that communities may vote on able for the education of each handicapped comprehensive zoning plans but not on spe- child in the district the average amount cific zoning changes as involved as in the or- spent on the education of a normal student. dinance in that case. The Utah Housing Finance Agency was The Oregon Department of Human Re- created (HB 106) to stimulate home building. sources was appropriated $1 million for elder- $500,000 was appropriated to carry out the ly health care and housekeeping as an alter- act. A portion of the money is to be used in native to nursing homes. selling revenue bonds for money to back Oklahoma authorized the creation of health mortgages of private lenders in the housing maintenance organizations. The act (SB 243) field. The act provides that the governor may also provides for the licensing and regulation ask the legislature for money in the future to of such organizations by the Oklahoma Health back reserves should the agency be failing. Planning Commission. The agency is to be self-supporting after the Children who are committed to mental in- initial "seed" money by adding a one-half stitutions in Pennsylvania now have a right to percent surcharge to all mortgages. SB 42 a hearing on whether the commitment was authorized the licensing of paramedics. GOUERNMENT ACCOUNTABILITY

n response to the major news items of 1974 - Watergate - many states acted that year to adopt new standards for making government more accountable to the public. That trend continued in 1975, but the empha- sis was more on fine-tuning than on comprehensive new laws such as California's Prop- osition 9 or Missouri's Proposition 1 of 1974. During 1975, one state adopted its first open meetings law, and 15 others broadened the coverage of their open meetings statutes. Twelve states expanded or strengthened their requirements for the reporting of campaign contributions and/or public officials' and candidates' personal assets. Thirteen other states adopted new reporting and disclosure requirements. Five states expanded their disclosure requirements to cover local officials as well as state officials. During 1975, five states strengthened existing open records and freedom of information requirements or adopted new ones. Two new trends seem to have emerged in 1974 which were not as visible in previous years, and both related to issues which were simultaneously debated, without final action, at the federal level. Three states amended their mini-Hatch Acts to permit at least limited political activity by public civil service employees. Nine states adopted laws to make voter registration a less arduous task. Seven he must resign his committee appointment or of those permitted voter registration by mail, his membership will be automatically termi- one established registration centers in drivers nated on the date of his filing. license bureau offices, and one permitted vot- Alaska also enacted two new provisions in er registration by telephone. the area of open meetings and open records. In Alabama, a tough ethics law enacted in Chapter 12 requires that all floor sessions 1973 was replaced. The existing ethics com- of each legislative chamber be electronically mission was abolished and a new commission recorded and that the legislature provide by was created with the provision that the five uniform joint rule for the recording or report- members of the old commission cannot serve ing of committee sessions. The recordings are on the new one. (The attorney general has to be available to the public at cost. The ruled that this provision of the law is uncon- Public Records Act was amended (SB 99) stitutional.) The new law repeals the prohibi- to empower the superior court to enjoin any tion against legislators' voting on bills which person having custody or control of a public might benefit them financially, relying instead record who obstructs or attempts to obstruct on the state's constitutional ban on conflicts inspection of those records. The act also proof interest. The 1975 law also removes the vides strict penalties for such offenses. limitation on how much lobbyists may spend In an effort to open up the political process for "social occasions" for public servants. to all citizens regardless of occupation, Like the 1973 law, the new one requires fi- Alaska enacted a law to permit state civil nancial disclosure by candidates for public service employees to take part in political office, legislators, and certain state em- campaigns at the local, state, and national ployees. In addition, the 1975 law specifically levels and to be appointed, nominated, or includes local officials in its coverage. Parts elected to a non-partisan public office in a of the state ethics provisions were strength- local government unit (Chap. 15). However, ened by prohibiting legislators from repre- those employees are not allowed to be active senting clients before the Public Service Com- in the management of a political party above mission and the Board of Adjustment. Under the precinct level. An Alaska superior court the terms of the Federal Voting Rights Act, judge upheld the constitutionality of the 1974 this new law will need approval by the U.S. campaign financing law. Department of Justice before becoming ef- Arizona made each state and local public fective. body responsible for the preservation, main- The Alaska Legislature changed the pro- tenance, and care of public records. Every visions of the election campaign disclosure person is given the right to request to inspect, law, expanding its coverage to lower elections copy, or be furnished copies of public records and amending the limitations governing polit- (SB 1338). Chapter 48 requires that minutes ical contributions by individuals and groups of public meetings be prepared within three (HE 488). SB 62 limits the conflicts of interest days of meetings and specifies what informa- law to specific public officials and municipal tion is required to be in those minutes. The officers while expanding filing requirements new law also allows any person to record or and creating an enforcement body. However, photograph official meetings. SB 1395 ex- municipalities may, under the provisions of empts conference committees of the state HB 418, exempt their officers from coverage legislature from the statutory requirements by the state conflict of interest law if a major- relating to meeting notices and minutes and ity of voters voting at a general or special from the provisions governing judicial pro- municipal election approve such an exemp- ceedings to enforce public meetings laws. tion. However, those meetings must be open to Under another 1975 Alaska law (SB 41), the public. if a member of certain committees, councils, In Arkansas, Acts 469 and 788 limit cam- or interim committees files a declaration of paign contributions to $1,000 per person or candidacy for elective office other than that of group and require candidates to file financial a member of either house of the legislature, reports and list paid campaign workers. Two pre-election and at least one post-election to be followed when making legislative rec- contributions reports are required for candi- ords available. dates for state office, while candidates for A6 822 allows California voters to register local office are required to file one pre-elec- by mail, starting on July 1, 1976. The state tion report. The post-election reports must supreme court ruled that the top of the ballot also disclose expenditures. can no longer artibrarily go to incumbents or California's omnibus campaign reform act, candidates listed alphabetically. The court Proposition 9, was amended by several 1975 suggested that the names on the ballot be ro- laws. A6 872 subjects members of the Fair tated or chosen by lot for placement. Political Practices Commission (established Colorado extended disclosure requirements to enforce Proposition 9) to the same financial for public officials to all candidates for state- disclosure requirements as members of the wide office and to candidates for district at- legislature and makes it unlawful for a com- torney. The information, relating to income mission member to accept a gift of $10 a and property interests, is to be filed with the month or more from a lobbyist, candidate for attorney general at the time of becoming a office, or certain public officials. AB 959 ex- candidate and continuing up to the time of tends the financial disclosure provisions of withdrawal or defeat at the polls (SB 102). Proposition 9 to cover additional state and Campaign financing laws were changed in local officials. SB 527, which permits local Connecticut by SB 1724, which allows or- agencies, including school boards, to put ganizations to contribute to campaigns, with limits on campaign fund raising and spending, the exception of stock corporations and became law without Governor Edmund G. other business organizations which may only Brown, Jr.'s, signature. AB 905 amended contribute to referenda campaigns. The act Proposition 9 so as to bar state employees also revised reporting requirements by re- who attempt to influence legislative action quiring new and more frequent reporting and who otherwise would qualify as a lobby- dates. Contributions were redefined to exist from making gifts of more than $10 a clude in-kind contributions of under $100, month to an elected state officer or legisla- to require cumulative reporting of contribu- tive officer. tions of under $15, to clarify the disposition SB 1 extended the California sunshine law of checks drawn on a joint bank account, and to cover legislative conference committees, to require that anonymous contributions of matters relating to university regents, rate- over $15 be remitted to the state treasurer. setting hearings of the Public Utilities Com- A related act, SB 1713, doubled the amount mission, and meetings of local legislative bod- that candidates on the state executive ticket, ies making personnel appointments, and A6 except the candidates for governor, may 590 requires that every meeting of the board spend on election campaigns and raised the of governors of the state bar be open to the amount that can be spent for all state offices public. for the primaries. The California Legislature also passed A6 HB 5087 revised the types of records that 23, the Legislative Open Records Act, which must be open to the public in Connecticut and makes the records of the total expenditures required that a copy of public records must and disbursements of the courts, governor be furnished on written request. The act and governor's office, and specified records further requires that meetings in all branches in the custody of or maintained by the gov- of the government be open to the public un- ernor's legislative affairs secretary subject less closed by a two-thirds vote of the agency. to the California Public Records Act. It also A reason specified in the statute for holding provides that legislative records are to be an executive session must also be cited. Fi- open to inspection by every citizen at all nally, the act created the Freedom of Infor- times during the normal office hours of the mation Commission to hear grievances and legislature, and that each house of the legis- to investigate alleged violations of the lature and the Joint Rules Committee shall new law. adopt written guidelines stating the procedure Connecticut Governor Ella Grasso directed all high-level state agency officials to keep a clients represented for a fee before govern- record of all incoming calls and to open mental agencies. those logs to public inspection. The governor Florida HB 2099 changed the statutory said that the new policy was a part of the provisions regarding conflicts of interest opening of state government to public view. for public officers and employees. Standards HB 51 80 allows classified Connecticut state of conduct for legislative employees were employees to participate in political manage- revised, and the policy statement was ex- ment and campaigns. The permitted activity panded to express a duty of public officers includes, but is not limited to, membership and employees to promote the public interest and holding office in a political party, organ- and maintain the respect of the people in ization, or club; campaigning for a candidate their government. The act further strength- in a partisan election; and making contribu- ened the conflict of interest law to prohibit tions to a political party or other political public officials from conducting private busi- organization. Employees are not permitted, ness with their own agencies. HB 1100, however, to be candidates in any election in among other things, clarified and expanded which any of the candidates represents a the powers of the Commission on Ethics to political party whose candidates for president allow it to weed out unfounded complaints. appeared on the ballot in the previous presi- Provisions on penalties were greatly expanded dential election. and made specific for the status of the per- Florida enacted several laws relating to son involved. HB 2040 provides that if public campaign financing and conflicts of interest. funds are expended in payment of dues or SB 105 established new reporting dates for membership contributions to any person, candidates and committees. HB 1072 stipu- corporation, association, etc., all of the fi- lates that political committees receiving fed- nancial, business, and membership records of eral money in a national depository do not the groups are to be made public records and have to set up a bank account in the State of open to public inspection. And on January 29, Florida for the money, and any such political the Florida Supreme Court ruled that a law committee may file with the secretary of prohibiting a public official from being in any state a copy of the list of contributions re- way interested in a public contract was con- quired by the Federal Election Campaign Act stitutional. The court interpreted "interested of 1971 in lieu of similar reports required by in" to mean a personal financial interest. state law. However, any contribution not re- In Georgia, SB 13 prohibited candidates quired to be reported under the federal act from entering both parties' primaries for a must be reported in accordance with state single office. SB 141 amended the 1974 Cam- law. HB 849 permits public employees of a paign Financing Disclosure Act to create the city, county, or of the state to suggest to State Ethics Commission and to provide for any of his fellow employees in a non-coercive limitations on the total amount candidates manner that he or she may voluntarily confor certain elected offices may spend in their tribute to a fund administered by a party, campaigns. The act also applies to all county committee, organization, agency, person, and municipal elected officials, and prohibits labor union, or other employee organization persons acting on behalf of a public utility for political purposes. HB 66 revised the fi- corporation regulated by the Public Service nancial disclosure provisions for public of- Commission from making political campaign ficers and employees. Categories of "local contributions. The state Senate also adopted officer," "state officer," and "specified new rules requiring open meetings. employee" were established for reporting pur- Hawaii amended the Campaign Contribu- poses, and candidates for office are required tions and Expenditures Law by clarifying vari- to file their disclosure statement at the same ous sections of the law and repealing the time as they file their qualifying papers. The limits on how much of the campaign funds act substantially clarifies what is to be re- may be spent on advertising. However, the ported, including information concerning overall spending limits were retained. The act sources of income, gifts, debts, and names of (HB 327) also imposes controls on the pub- licity surrounding the investigation of cam- ficers and employees, was vetoed by Gover- paign law violations. HB 127 requires lobby- nor Otis R. Bowen. SB 37 requires the selec- ists to register and report their receipts and tion of candidates for governor, lieutenant expenditures at least twice a year. Persons governor, and U.S. Senator by a primary elec- lobbying before administrative as well as leg- tion. Those candidates are presently chosen islative bodies are covered by the act which at the state convention of their political also prohibits lobbyists' accepting employ- party. ment on a contingent fee basis. HB 126 re- Iowa revised the campaign financing law quires meetings of state and local public (HF 431). The election laws were revised by bodies to be open to the public. There are HF 700 to keep the polls open one hour long- provisions in the act for executive meetings er and to permit voter registration by mail. closed to the public under certain conditions. The Kansas Campaign Finance Act of 1974 The judicial and legislative branches and any was revised by HB 2483. Candidates who re- board exercising quasi-judicial functions, ex- ceive and spend less than $500 need not file cept the Land Use Commission, are exempted campaign finance reports. Another act (HB from the provisions of the act. 2625) amended the ethics laws to modify re- Idaho, with the enactment of HB 260, cre- porting periods for lobbyists, to exempt gifts ated an election campaign fund with money of less than $10 from reporting requirements, from $1 check-offs on the state income tax and to exclude personal or business enter- form. The taxpayer may designate which party taining from the definition of lobbying. Ex- is to receive his dollar. SB 1054 allows a state empted from coverage of the ethics law were income tax deduction or credit for political members of advisory boards and others who contributions. The secretary of state ruled that serve without compensation. HB 2101 the sunshine law on campaign disclosure and strengthened the open meetings law to pro- lobbyist activities does not apply to candidates vide that the time and place of public meet- for municipal office - it applies only to state ings must be furnished to individuals on re- candidates. quest, and to allow cameras and recording The Illinois attorney general ruled on devices to be used. SB 142 repealed a law March 6 that the State Energy Resources which prohibited any person holding a liquor Commission, a joint advisory body of the leg- license from making a contribution to any islature created in 1974, is not subject to the political party or candidate for public office. Open Meetings Act because the act is not Kentucky Governor Julian Carroll issued an specifically applicable to the General Assem- executive order establishing the Financial bly or its committees and commissions. In Disclosure Review Commission to review the February, Governor Dan Walker extended his confidential filings of net worth statements 1973 executive order requiring personal fi- and tax returns of key individuals in the state nancial disclosure of income, assets, liabili- government. ties, and net worth to cover 16 additional In Louisiana, HB 283 requires candidates agencies, commissions, boards, and author- to file pre- and post-election reports on con- ities. On May 7, the governor fired a member tributions and expenditures. Any contributions of the State Board of Elections for refusing or expenditures above certain thresholds to comply with the provisions of the executive must be reported. Those thresholds are: for order. statewide office, contributions over $1,000 SB 513 in Indiana repealed a law prohibit- and expenditures over $500; for district of- ing corporations and labor unions from mak- fices, contributions over $500 and expendi- ing political contributions. Under the new law, tures above $250; and for all other offices, corporations and unions may make contribu- contributions in excess of $250 and expendi- tions not to exceed $3,000 for statewide tures over $125. A new open primary law (SB candidates or $1,000 for other state or local 274, 178) eliminated party primaries and pro- candidates. A bill (SB 27) to extend the fi- vided for one primary in which candidates of nancial disclosure, ethics, and conflicts of all parties compete against each other. HB interest restrictions to include municipal of- 1342 extended the bribery law to cover any Case Study to file a statement of organization with the commission or a county clerk within ten days after organizing a committee. All campaign committees must have a Michigan Adopts single treasurer. All campaign committees must file Tough Campaign periodic statements which list cash on and Lobbying Law hand; the total amount of all contributions; the full name and address of each person who contributed $15.01 or more, The 1975 session of the Michigan Leg- the cumulative total for each contributor, islature enacted a campaign reform-dis- and the occupation, employer, and prin- closure law which Governor William G. cipal place of business for contributors Milliken called "the most comprehensive of $100.01 or more; a listing by general political reform law of any state in the category of expenditures of $100.00 or nation." The law (HB 5250), among less and the total of those expenditures; other things, provides for regulation of and the full name and address of all lobbyists' activities, conflict of interest persons receiving $100.01 or more in safeguards, financial disclosure, and a expenditures. strong independent enforcement com- Anonymous contributions are illegal. mission. Candidates who receive anonymous do- nations must give the money to a tax Enforcement Commission. The act exempt charitable organization and for- created a six-member commission which ward a copy of the receipt to the com- will operate autonomously within the mission. secretary of state's office. No person No cash contributions or expenditures who has held or run for any elective pub- over $20.00 may be accepted or made. lic office other than precinct delegate or In-kind contributions beyond specified who has been a lobbyist in the preceed- amounts are included in the reporting ing year may be appointed. Members of requirements. the commission may not accept appointment to or become a candidate for pub- Spending Limits. The following spend- lic or political party office, nor may they ing limits for each election were estab- contribute to or participate in state or lished: governor, $1 million; lieutenant local political campaigns. Members are governor, $50,000; secretary of state and also prohibited from lobbying for com- attorney general, $300,000; supreme pensation or reimbursement of expenses. court justice, $100,000; statewide edu- The commission is responsible for in- cational posts, $50,000; elected county vestigating violations of the act. If, by a executive, $50,000; state senator, two-thirds vote, the commission finds $30,000; and state representative, that a candidate or committee has vio- $1 5,000. lated the act, it may issue an order re- Up to 20 percent of the expenditure quiring the offender to cease and desist limit may be spent for the direct solici- from the violation, or it may issue a pub- tation of funds by mail or telephone with- lic reprimand. The commission may also out counting the expense against the request the attorney general or county limit. Also, one response to an unfavor- prosecuting attorney to prosecute. able newspaper, periodical, TV, or radio editorial, or one which endorsed an op- Campaign Finance Disclosure. All ponent, may be purchased without being candidates for public office are required included in the limit. Individuals and groups (other than in- "decision-making conflicts." No official dependent committees or political par- or employee is allowed to participate ties) are limited in the amount they in making any decision which would give may contribute to a campaign - $1,700 him, his family, or his business any more to a candidate for state elective office than a minimum greater financial benefit other than a state legislator, $450 to than that realized by the general public. state senate candidates, and $250 to No public official or attorney is al- candidates for state representative. lowed to act as an attorney or agent be- Counties, cities, townships, villages, fore a governmental body of which he is and school districts are prohibited from a member. adopting ordinances or resolutions more restrictive than those outlined above. Regulation of Lobbyists. The act also regulates lobbyists and their agents. They Public Financing. The act also created are required to register and file informa- a state campaign fund for gubernatorial tion giving the name and address of their campaigns. The fund is financed by a $2 employees or others they have compen- voluntary income tax check-off ($4 for sated for lobbying. In addition, each joint returns). lobbyist must file a report each quarter Candidates for governor qualify for listing his expenditures for food and bev- public funds in a primary by raising erage provided for public officials, ad- $50,000 in contributions of $100 or less. vertising and mass mailing expenses, Then a candidate would receive $2 in and all other expenses related to their state money for each $1 received in lobbying activities. The disclosure must contributions of less than $100. Candi- also list expenditures over $50 a month dates could receive no more than or $150 per year for public officials, $660,000 in public funds. Candidates itemized by name. in primary elections are not entitled to No lobbyist or anyone acting for him receive public money unless a major may give a gift (defined as "anything of party has a contested primary. In that value exceeding $10 for a one-month case, all unopposed candidates from period and given without consideration both major and minor parties would re- of something of equal or greater value ceive up to $165,000. In the general being received in return") to any public election, candidates could receive up to official or member of his immediate fam- $750,000 in state funds on the same ily. matching formula. Restrictions are Local governments are permitted to placed on what public funds may be adopt lobbying disclosure requirements spent for, and all public money must be which are similar to the state law, sub- kept in a separate bank account from ject to commission approval. However, privately raised money. they could not adopt regulations which are stricter than the state's. Conflicts of Interest. The act also The bill, which Governor Milliken said established conflict of interest provisions can affect a post-Watergate restoration for all public officials and employees. of public confidence in democratic in- Officials or employees, their families, or stitutions and the political system, was businesses with which they are associ- supported by the AFL-CIO, American ated may not enter into government con- Association of University Women, Citi- tracts of $1,500 or more unless the con- zens for Better Care, Common Cause, tract is awarded through "an open and League of Women Voters, Michigan Cit- public process." izens' Lobby, and the United Auto Work- Public officials are also restricted from ers Union. person who has been elected or appointed to branch office when they apply for, renew, or public office, whether or not he has yet as- make a correction in their driver's license. sumed the duties or title of the office. The 1975 Mississippi Legislature enacted An existing Louisiana law provided that the state's first open meetings law (SB 2368). sworn statements be filed by certain elected The new law requires that all official meet- state officials with the Board of Ethics for ings of any public body, including the legisla- State Elected Officials when entering into an ture, its interim, standing, and special com- agreement to represent someone before a mittees (but not subcommittees), be open to state agency. Those statements were con- the public, that public notice be given in ad- sidered to be confidential and privileged. A vance of the meeting, and that minutes be 1975 law (HB 979) made such statements taken for each meeting. A citizen may sue public records. a public body to force compliance with Maine created the Commission on Govern- the act. Other 1975 actions created an open mental Ethics and Election Practices. The law primary system to replace the previous party (Chap. 621) also requires financial disclosure primaries and simplified voter registration by legislators and prohibits legislators from (SB 2586). participating in conflict of interest situations. Missouri HB 20 revised the lobbyist regula- The act also establishes campaign expendi- tion law in several respects. Coverage of the ture limits. Chapter 576 revised the lobbying act was expanded to include all legislative disclosure procedures by requiring lobbyists activities of lobbyists, not simply pending to file an annual fee, to report their employers bills. State and federal agency employees and expenses every month, and to limit gifts lobbying before the legislature are now in- from lobbyists and employers to legislators cluded in the definition of lobbyist and are and their immediate families to $50 per year. covered by the act's restrictions and reporting Chapter 422 limited the items that may be dis- requirements, including a new requirement cussed in meetings which are closed to the that gifts to legislators be itemized. Penalties public, and Chapter 483 strengthened the for lobbying violations were increased, and state freedom of information act by applying the hiring of a special prosecutor to help en- it to the legislature and requiring timely re- force the measure was authorized. sponses to citizen requests. In his first cabi- The Montana Legislature passed a compre- net meeting, Governor James 8. Longley told hensive campaign reform package which his 18 department heads not to lobby in the requires pre- and post-election disclosure, legislature for their own programs. establishes limits on contributions, and cre- In Maryland, Chapter 848 broadened the ates the Office of Commissioner of Campaign scope of the personal financial disclosure re- Finances and Practices to enforce the act. quirements, and the Maryland Court of Ap- The new law also applies to any elections in peals upheld a local ordinance requiring school districts, municipalities, and counties, broad financial disclosure. as well as state elections (Chaps. 296, 480, Massachusetts, by enacting Chapter 303, 482). HB 412 extended the scope of the open strengthened the state's open meetings law. meetings law by requiring the presiding of- Michigan revised its lobbying, ethics, and ficer to determine that the demands of indi- campaign financing laws by enacting HB vidual privacy clearly exceed the merits of 5250, which Governor Milliken called "the public disclosure when closing a meeting to most comprehensive political reform law of the public. HB 531 provides that successful any state in the nation." See the case study. plaintiffs in freedom of information suits are A related new Michigan law (HB 4615) entitled to collect attorneys' fees, and HB 396 requires that candidates appoint a single of- established guidelines for increased citizen ficial treasurer to be responsible for reporting participation in government. all contributions over $10, among other du- Nebraska expanded the state open meet- ties. And SB 16 allows Michigan residents to ings law with the approval of LB 325. The register to vote or make changes in their vot- definition of a public body was broadened to er registration at any secretary of state include independent boards and commissions and study and advisory committees in the ex- produce legislation (i.e., contingent fee is ecutive department. The law specifies that illegal). closed sessions may only be held for speci- Also in Nevada, AB 25 established uniform fied purposes or in the public interest, and voting hours for all counties in the state, and a procedure for challenging closed sessions AB 336 was passed to allow voters in presi- was established. Public notice was mandated dential preference primaries to cast their vote with the requirement that the secretary keep for "none of the above." a list of interested media and provide them New Jersey Governor Brendan Byrne or- with actual notice of impending meetings, dered 250 state officials to publicly reveal including emergency meetings. The right of their financial holdings, all sources of income, the public to participate in the meeting proc- and any positions held with a concern that ess was recognized, and no public body may does business with the state. Prior to that ex- completely foreclose citizens from speaking ecutive order, only about 30 top officials were at meetings. Minutes must be kept of all required to make public financial disclosure meetings and be available to the public. statements. The others had been required to Another Nebraska law (LB 453) made sev- file statements with the secretary of state, but eral changes in the state's election laws, the statements were not public. The executive among them a provision that if there is a 2 order was challenged in superior court and it percent spread between the two top candi- was upheld. dates in a primary election, a recount is Provisions to protect against political saba- automatic and is to be conducted at the toge and subversion were tightened in New county's expense. If a general election is in- Jersey (SB 945). On August 15, a superior volved, the percentage requirement drops to court ruling weakened the 1973 campaign fi- 1 % percent. In any election, if the total num- nancing law. The judge declared that an ber of votes cast is more than 100,000 a re- earlier ruling that citizen groups formed to count is automatic if the spread is 1 percent influence legislation are free from require- or less. The automatic recount can be called ments for reporting their finances also applied off only if the losing candidate files a written to groups formed to support candidates. The statement declining such a recount. ruling could lead to numerous groups' being Nevada (AB 610) created the State Ethics formed to channel money into campaigns Commission, established a strict code of eth- without restrictions. AB 1030 requires open ical standards for public officers and em- meetings of state and local public bodies. ployees, and required financial disclosure by Notice must be given and minutes of the candidates for and holders of elective public meetings must be kept. In September, Gov- offices. AB 294 requires campaign contribu- ernor Byrne started a program for voter regis- tions and expenditures for campaigns for state tration by phone. During the first week of office to be reported to the secretary of state, operation, 1,500 people called the toll-free AB 84 places spending limits on candidates number to register to vote. The state had for various state, county, and city offices already allowed voter registration by mail. (e.g., a candidate for governor may spend New York Governor Hugh Carey issued an no more than $150,000 or 806 per voter). executive order requiring financial disclosure The Nevada Legislature also passed AB of any member of his administration who 454 which requires lobbyists to register and earns $30,000 or more per year or who is in file a registration statement and periodic dis- a policy-making position, regardless of in- closure statements with the secretary of come level. The order also sets sharp limits state. The act prohibits lobbyists from giving on outside activities by those full-time mem- legislators gifts in excess of $100 a year. The bers of the administration covered directly disclosure provisions of the act require that by the executive order, including a strict ban lobbyists list their interests, employers, the on the holding of outside jobs for pay or offi- number of members represented, their ex- cial positions in political parties or organiza- penses, gifts, and loans. Lobbyists must also tions. make a declaration that they are not paid to The secretary of state of New York rejected most of the 284 applications to lobby in the A three-judge federal court ruled that some legislature. The secretary demanded that lob- of the major provisions of the New York Fair byists provide specific descriptions of the Campaign Code were in violation of the right legislation they would be lobbying for or to free speech. The court voided the code's against and itemize expenses and earnings as prohibition against a candidate's attacking required by the 1906 lobbyist law. In the past, another candidate's race, sex, religion, or many lobbyists had not bothered to register. ethnic background. The court also overturned SB 576 requires the commissioner of environ- the code's ban on any misrepresentation of a mental conservation to develop and maintain candidate's party affiliation, position on polit- a registry of governmental agencies and offi- ical issues, or personal qualifications, includ- cials and certain private organizations and ing bans on "character defamation" and provide them written notice of regulations "scurrilous attacks." under consideration or permits issued relating The Administrative Board of the New Y0rk to the use or modification of air, land, or Judicial Conference issued new rules severely water uses. restricting the political activities of state

Case Study color of eyes, party enrollment if preferred, and signature. A warning that New York Acts to Make fraudulent use of the system is punish- able by up to five years in prison will Voter Registration Easier also be on the application. Other safeguards include a requirement that the New York became the seventh state local election board verify the infor- to permit voter registration by mail on mation and notify the applicant of ac- June 3 when Governor Hugh L. Carey ceptance by registered letter to his or signed SB 4503. Observers have pre- her home address. In addition, the local dicted that the act could have a sig- chairmen of the political parties will re- nificant effect on voting efforts in poor ceive monthly lists of new registrants, areas where the voters tend to be un- thus encouraging them to see that the registered. opposition's enrollees are legitimate. The act mandates a system permitting In signing the act, Governor Carey potential new voters to obtain an applica- said New York had taken a "progressive tion card at convenient neighborhood step toward encouraging the broadest sites and mail it to election officials. possible participation in the democratic Present law requires that applicants ap- process. Especially in those urban minor- pear in person at local election offices ity communities where registration is to register. Critics have called this a de- painfully low (often due to perceived terrent to free and full use of the right barriers to registration) we can antici- to vote. pate a significant increase in voter par- Advocates of the act noted in debate ticipation and interest that will invigorate that new mail-registration programs in the entire political process." The law is other states have produced dramatic expected to have a significant effect on results. For example, in Montgomery voter registration and participation in County, Alabama, registration increased upstate rural areas as well as urban several fold. slums. The measure contains safeguards to The bill, which was modeled after a protect against potential fraudulent use measure introduced in Congress, re- of the registration-by-mail opportunity. ceived the support of the League of Applicants must list their name, address, Women Voters, Citizens Union, and date and place of birth, height, sex, many other organizations. judges. Judges may not even attend political a $1.50 income tax check-off (HB 3008). dinners or other such affairs unless they are The measure will be on the 1976 ballot for up for election. Limits were placed on polit- voter approval. SB 204 provides for state in- ical contributions by judges, and judges were come tax credits for political contributions. prohibited from soliciting political funds. Another 1975 act established procedures for New York citizens may register to vote by voter registration by postcard. mail by using application cards available at The Oregon Supreme Court ruled on May neighborhood sites under the provisions of 14 that a 1973 law limiting campaign spend- SB 4503. The Assembly adopted rules to re- ing was an unconstitutional infringement of quire that committee meetings be open to the the right to free expression which is guaran- public and that votes in committee be re- teed by the state constitution. In response to corded. that ruling, the legislature enacted two A new North Carolina act (SB 147) requires measures (HB 2756 and SB 833) aimed at legislators to disclose their financial inter- tightening up the state's campaign financing ests and other potential sources of conflict disclosure requirements. HB 2757 strength- of interest. The act also establishes a code of ened the 1973 lobbying law by adding a re- ethics and creates the Legislative Ethics Com- quirement for monthly reporting during the mittee. Chapter 820 requires that lobbyists legislative session. Another 1975 law who attempt to influence the legislature reg- strengthened the state's open meetings law, ister and disclose their finances. Under the including provisions for recorded votes. Under provisions of Chapter 775 taxpayers may the new law, reporters are to be allowed to use their state income tax forms to designate attend executive sessions, but for "back- a political party to receive one dollar. The ground" purposes only. The law makes each campaign financing law was also revised member of a governing body liable for court (Chap. 565). costs upon conviction of violating the law. North Dakota Chapter 188 requires candi- Procedures were also established for the dates for state and local office as well as Legislative Assembly to review rules and reg- certain appointed state officials to file per- ulations of state agencies. On June 5, the at- sonal financial disclosure statements. torney general ruled that the open meetings Another 1975 law (Chap. 465) requires lob- law does not apply to the legislature, on the byists to register and file disclosure state- grounds that the House and Senate rules on ments. such subjects as open meetings, public rec- The Ohio Legislature passed SB 74 which ords, and conflicts of interest supersede requires open meetings of state and local state law. Under the state constitution, both public bodies. The act stipulates that execu- houses are required to adopt rules for the tive sessions may be held only at regular or governance of their internal operations. special meetings of the body, and the act also Also in Oregon, the new Judicial Code of specifies the types of business that may be Ethics encourages judges to minimize their discussed in executive sessions. "Meeting" non-judicial involvement in business and com- is defined as a prearranged discussion of pub- munity affairs and to refrain from "inappropri- lic business by a majority of the members of ate" political activity. a public body. All public bodies must adopt The Pennsylvania Governor's Board of Eth- rules for giving notice of all meetings, includ- ics advised on July 31 that private attorneys ing special notices to persons who have re- cannot work for state agencies, part or full quested notice of meetings at which specific time, if they have law partners who practice types of public business are to be discussed. before state agencies. The attorney general Minutes must be taken of all meetings. Under asked the 300 to 400 lawyers who work in the provisions of another new law, the state the state executive branch to provide his of- is preparing to provide Spanish speaking in- fice with information about their private prac- terpreters at elections. tices in order to assure compliance with the Oregon provided partial public financing for ruling. Also, the legislature adopted new rules statewide and legislative candidates through providing for radio and television coverage of legislative sessions. fee, and to submit financial disclosure state- The Rhode Island Legislature enacted a bill ments of income and expenditures in excess (Chap. 262) which requires Statehouse lob- of $25 spent in relation to their lobbying byists and their clients to file sworn, detailed efforts. A new Chapter 308 permits voter reg- financial reports by the 20th and 40th days of istration by mail. Registration forms will be each legislative session and every ten days available through the mail or at post offices thereafter, as well as within 30 days after and other public places. final adjournment. The act also extended the In Texas, HB 4 amended the Campaign Re- lobbying regulations to those attempting to porting and Disclosure Act of 1973 so that influence the governor as well as the General contributions made to elective public officers Assembly, and it provides for the issuance of for the purpose of assisting the officeholder an identification card or tag to lobbyists. in the performance of duties or activities in The South Carolina Ethics Commission was connection with the office which are not re- created with the enactment of SB 89. The imbursable by the state or political subdivision commission is to review and monitor the con- are included in disclosure statements. HB 299 duct of state, municipal, and county officials established limits on the amount that may be and employees. The commission may receive spent by a candidate and the political com- complaints and take appropriate action in mittees supporting him in a campaign for a cases of violation of the act or other laws statewide office. A candidate may spend 10 relating to the personal conduct of public cents per voting age population in the first employees and officials. Included in the act primary; 4 cents per voting age population in are rules of ethical conduct and political a runoff primary; and 10 cents per voting age campaign practices and provisions requiring population in the general election. disclosure of the economic interests of polit- Texas HB 839 requires certain officers of ical candidates and certain public employees government and candidates for office to make and officials. The ethics committees of the public disclosures of any legal or equitable House and Senate are charged with perform- interest that they may have in property that ing a similar oversight function with respect is acquired with public funds. HB 121 7 added to members of the legislature. two classes of persons exempt from the reg- South Dakota adopted several government istration requirements for lobbyists: persons accountability provisions. Chapter 125 re- who encourage or solicit others to communi- quires pre- and post-election campaign fi- cate directly with members of the legislature nancing disclosure, prohibits contributions or executive branch to influence legislation, from corporations or business, and limits con- and persons whose only activity to influence tributions and expenditures. Chapter 188 re- legislation is compensating or reimbursing a quires personal financial disclosure by candi- registrant to act in their behalf to influence dates for statewide and legislative offices. legislation. Chapter 465 requires detailed records of ex- Two new laws relating to open meetings penditures to be filed by lobbyists. And were also adopted by the Texas Legislature. Chapter 127 created the State Ethics Com- SB 485 amended the existing law to require mission relating to elections and campaign that notice of a meeting of a state board, practices. commission, department, or officer having Tennessee enacted a new campaign fi- statewide jurisdiction be posted by the sec- nancial disclosure law (Chap. 31 4). Candi- retary of state at least seven days preceding dates are required to submit pre- and post- the day of the meeting. The previous notice election reports showing the source and requirement was 72 hours. SB 208 brought amount of all contributions over $100. The meetings of the board of trustees of com- attorney general was given the power to en- munity centers for mental health and mental force the law. The Tennessee Lobbyist Regis- retardation services under the requirements tration and Disclosure Act of 1975 (Chap. of the open meetings law. 313) requires all lobbyists to register with In Utah, persons who receive compensa- the secretary of state, to pay a registration tion or who expend money to attempt to influence legislation or administrative action are fense for anyone to receive compensation for required to register with the secretary of securing passage or defeat of legislation. In state. The new law (HB 218) specifies the another action, the House adopted a rule re- information that is to be included in the regis- quiring recorded committee votes. tration statement. It also prohibits compensa- The State of Washington revised its Public? tion contingent upon the passage of legisla- Disclosure Law of 1972. Reduced were re- tion. HR 135 revised the $1 check-off law, porting requirements which experience has and SB 275 provided for voter registration by shown are unreasonable, unworkable, or in- mai I. appropriate. The act also tightened require- Virginia extended its law requiring disclo- ments where it was apparent that valuable sure of economic interests of candidates for information was remaining undisclosed. and members of the legislature to also apply West Virginia SB 16 requires all meetings to the offices of governor, lieutenant gover- of state and local public bodies, except the nor, and attorney general, and candidates for judicial department and the political execu- those offices. Any interest in a newspaper, tive committees, to be open to the public. The magazine, news agency, press association, law also requires that minutes be taken and wire service, radio or television station, or provides citizen standing to sue for enforce- other news medium must be disclosed. HB ment. The state Senate also strengthened its 1354 requires annual disclosure by members lobbying disclosure rule. of boards of supervisors, city and town A Wisconsin Circuit Court upheld the com- councils, planning commissions, boards of plaint of 21 lobbyists that the secretary of zoning appeal, real estate assessors, county state had no legal basis for requesting fi- managers or executives, and city and town nancial information that was not specifically managers and their immediate families. The required by law. It was the second time that statements must disclose all real estate in- the secretary of state's lobbying rules had terests in the locality in which they serve been overturned. In another case, the at- as well as any interest in a corporation whose torney general ruled that the state's Ethics purpose it is to own or develop real estate Board may not make public advice that it in the locality. The same disclosure is re- issues to state officials on questions of con- quired of candidates for those offices. Of- flict of interest, even though the official might ficials and employees of localities with a make all or part of the advice public. SB 234 population of less than 3,500 are exempted made some changes in the laws governing from the provisions of the act. voter registration. Registration is now per- Two other government accountability laws mitted by postcard, and voter registrars are were enacted by the 1975 session of the now available in all public high schools. Virginia Legislature. HB 1493 requires an of- Wyoming made major changes in the state ficer or employee of a state agency to make election code by requiring post-election cam- a written disclosure of any material financial paign finance disclosure (Chap. 185). The interest which he believes will be substantially law also bars organizations or associations affected by the action of the agency, and from donating money directly to a candidate. Chapter 422 revises the enforcement pro- They may, however, make such contributions visions of the lobbying law. It is now an of- through a political party.

PUBLIC SECTOR LABOR- MANAGEMENT RELATIONS

uring the 19301s, with the enactment of the National Labor Relations Act, em- Dployees in the private sector of the United States economy won the right to or- ganize unions and to bargain collectively. Public sector employees were specifically excluded from the provisions of that act, leaving it up to the states to adopt their own labor relations statutes, if any. In recent years, efforts to establish nationwide standards for public employees have consistently failed in the Congress, placing even more attention on the action, or inaction, of the states. During the 19601s, a number of states adopted legislation granting public employees rights similar to those enjoyed by their private sector counterparts. However, as the issues and climate vary from state to state, there is a great deal of variation among the states. The absence of comprehensive state legislation in some of the states has meant that policy has frequently been determined by attorneys general and the courts, often resulting in confusion. For example, in Ohio five different conflicting judicial decisions have been rendered and the conflicts have not been resolved. (A comprehensive collective bargaining statute was passed by the 1975 session of the Ohio Legislature, but was vetoed by Governor James Rhodes because of appointed to administer the act is likely to be a controversial right to strike section.) In involved as a party to negotiations or other North Carolina, the courts have ruled that the important labor relations and personnel de- state's "right to work" law does not apply to cisions. (e.g., a mini-NLRB serving both the public employees, yet public sector collective private and public sectors would be noted bargaining is prohibited by law. with a "yes" in that column but, if the state Another result of the lack of comprehen- personnel agency is the administrator, there sive state statutes has been that state laws would be no entry in the column.) are often passed as a reaction to events. The consequence is often a marked lack in uni- Provisions for Exclusive Recognition. Once formity as to the rights of different groups of a union has been recognized to represent a public employees. group of employees, it is often the case that Because of the growing importance of the the unit be required to represent all employ- issues involved, the table presented on the ees in the bargaining unit, regardless of following pages summarizes the laws, opin- whether or not they actually belong to the ions, and executive orders governing public union. Without exclusive recognition, the man- employee labor relations in the states. Ac- agement could be faced with having to deal tions which took place in 1975 are in bold- with different unions among a single group faced type. of employees, and the strength of each of the unions - and thus the employees - could Explanation of Terms be diminished. and Issues Covered in the Table Right to Meet and Confer. A structured process short of full-fledged collective bar- Despite the lack of uniformity in state laws, gaining has often been presented as an al- the issues are similar across the nation. The ternative for the public sector (see AClR re- following seven major issues have been se- port A-35, Labor-Management Policies for lected for treatment in the table. State and Local Government). Under such "meet and confer" arrangements, union and Employees Covered. Public sector employ- employer representatives would meet and en- ees have been considered in five groups for ter into a memorandum of agreement which, the table - state, local, police, fire, and while similar to a contract, does not have the teachers - because of the pattern of the full force of a union contract arrived at states' often treating each or some of the through collective negotiations. Management groups differently. If "all" is used as a retains full discretion to dictate the terms of description of employees covered, all five the memorandum; such a memorandum is a groups are treated equally by the law refer- non-binding "gentlemen's agreement" and is enced unless noted otherwise in brackets. usually not legally enforceable.

State Agency Created to Administer. Some Right to Bargain Collectively. Collective debate has centered on who in government bargaining is the practice of the private sec- should administer the provisions of a labor tor where employee and employer repre- relations act. Some have argued for placing sentatives meet to discuss wages, hours, and administration in an already existing mini- conditions of work, and enter into a legally National Labor Relations Board, while others binding contract covering those issues. Dis- favor creating a separate body such as a pub- putes over the interpretation of the contract lic employees relations board. Furthermore, normally are resolved through a quasi-judicial many states do not have a mini-NLRB for pri- arbitration process, the decision of the arbi- vate sector employees to which public em- trator usually being binding on the parties. ployee relations administrative duties can be The terms "permissive" and "mandatory" assigned. The crucial determining factor for are used in both the meet and confer and col- the entry in that column is whether the agency lective bargaining columns. "Permissive" means that the employer and employee rep- Impasse Resolution Procedures. Several resentatives may engage in the process, but methods for resolving disagreements over they are not required by law to do so. "Man- what should be in a new contract in the public datory" means that the law requires the em- sector have been devised as an alternative ployer to enter into the process if an em- to the private sector's right to strike. ployee organization has been formed and ful- "Mediation" is a process in which an impar- fills certain other requirements. Many laws tial third party sits in on negotiations to try to state that the employer and employee have a get the union and the employer to agree. The "mutual duty" to bargain collectively or to mediator has no authority to order or force an meet and confer. agreement; he is there only to serve as a third person who may be able to see the is- Management Rights. Many state laws re- sues more objectively than the actual parties serve certain decisions as being the sole pre- to the impasse and bring them together. rogative of the employer, e.g., the right to hire "Arbitration" is the practice which has been employees, to assign work, or to discipline or used to resolve disagreements over the inter- fire employees with cause. Such clauses also protect against the "mission of the agency" pretation of a contract. In the public sector the practice has often been used to determine becoming a subject of negotiations. disagreements over the content of a new con- Union Security Provisions. These issues re- tract as well. There are two types of arbitra- late to the inclusiveness of union member- tion - "advisory" and "binding." If "advisory ship and means of collecting dues for rep- arbitration" is used, the decision of the arbi- resenting employees. "Check-off" is the prac- trator is not binding on the parties - the tice whereby an employee authorizes in writ- resolution is at the discretion of management. ing to have the employer deduct his union An arbitrator's decision under "binding dues from his pay check. A check-off is usu- arbitration" (also called "final and binding") ally a matter to be agreed upon by the em- is much like those rendered under grievance ployer and employee representatives when arbitration - what he decides is what the negotiating a contract. There has been a contract will say on the disputed issue. In the great deal of debate in both the private and table, arbitration is binding unless noted public sectors as to whether the union should otherwise. be compensated for representing employees "Factfinding" is very similar to advisory who are not union members. If exclusive arbitration. One frequent difference between recognition is provided for, the union is nego- the two is that the factfinding process often tiating wage and fringe benefits and repre- calls for a panel. While arbitration, too, can senting non-member employees in grievance be by a panel, it is more common to select a disputes without remuneration for those ser- single arbitrator. vices. Several alternatives are used to com- If a state provides more than one tech- pensate for this. "Union shop" is a practice nique for resolving impasses, they are listed whereby all employees, usually after a speci- in the order used (e.g., in Maine, mediation fied period such as 30 days, must join the is used as the first step; if the mediator can- union which represents them. Under "agency not effect an agreement, factfinding is used shop" the employee, without having to actual- and, if unsuccessful, an arbitrator is called ly join the union, must pay a fee to the union in). for representing him. That fee is usually cal- There are also some different types of culated to be less than actual union dues by binding arbitration. "Final offer" or "either1 deciding what portion of union dues are actu- or" arbitration requires the arbitrator, after ally used for representation purposes. "Right hearing the case, to make a choice between to work" is a term used to describe laws the final demand of the employees and the which prohibit union or agency shop arrange- final offer of the employer; he may not choose ments or any other form of requirement to a middle position in an effort to please both join or pay a union as a condition of em- sides. Final offer arbitration may be on a ployment. package or issue by issue basis. In the former the arbitrator must choose either the em- Even where strikes are prohibited, employ- ployees' or the employer's position for the ees have found other techniques - a "blue entire contract. Under issue by issue arbitra- flu" which hits them all at once, work slow- tion, he may choose the union's final demand downs, or "working to rule" when employees on one part of the contract and the employ- work exactly according to regulations, often er's final offer on another part. causing a slowdown. It should also be pointed out that strikes resulting from a deadlock in Right to Strike. Whether or not public em- contract negotiations are not the only type of ployees should have a right to strike is one strike. Many public sector strikes have been of the most controversial issues involved in prompted by the refusal of a public employer public sector labor relations. It is also prob- to recognize a union or to submit the ques- ably one of the oldest issues - the first re- tion of organizing to a vote of the employees. corded strike in history was by public employees in ancient Egypt. For many years public sector strikes were almost uniformly pro- Abbreviations Used in the Table. Abbrevia- hibited. However this has changed somewhat tions have been used to denote the source of in recent years with a few states' granting the each policy included in the table. (L) denotes right to strike to some or all employees. Em- that the basis for that policy is state law; ployees are often grouped into "essential" (EO) means executive order of the governor; and "non-essential," depending on the job (A) refers to an opinion given by the state performed. In some cases, only the latter attorney general; and (C) refers to a judicial groups have been granted a right to strike. opinion.

Arkansas All Permtss~ve(A) Voluntary Prohlblted IAl (C1 check-off per- IC) mitted IAI

California State dandatory (L) Governors rep resentatve prepares memo descr~bingarea, and extenl of d~fferencesand makes publlc IEO)

Local, poilce. blandatory IL) f~re

Teachers and Yes (L) Mediation; fact- other school finding (L) employees

Colorado All 'erm~ss~veiA) Publ~cemploy- ers have no authority to en ter Into collec- tlve bargalning agreements IC)

Connecticut State fes (L) Mandalory (L) Yes (L) Agency shop Factfinding (L) Prohibited (L) (L)

Local pollce 'es (L) Mandatory (L) Factf~nd~ng(LI Prohlblted iLl f~re Issue-by-issue arbitration (L).

Teachers les ILi Mandatory IL) Med~at~onad vlsory arbitration (LI

Delaware State, local Mandatory IL) Issues other pollce, flre than wages or salaries may be Submitted by elther party to state DOL or b! agreement of partles to arbl- fratton IL)

Teachers Mandatory iLI Yes ILI Check-off I LI Un~onshop pro hiblted iLI

Kentucky Fire In c~ties Ves (L) Mandatory (L) Factfinding (L) Prohlblted (L) (cont.) over 300.000 or those which petitlon commissioner of labor for coverage

Teachers Prohibited (C)

Louisiana All Permisswe (A) Check-off (L) (C)

Maine Ail Ves (L) Mandatory (L) Mediation: fact- Prohibited (L) finding; arbitration [advisory re salaries, pen- sions, Insurance but binding on all other matters. Either party may seek court revlew of arbitration de- clsionl (L)

Maryland Teachers and Mandatory (L) Yes (L) Mediation (L) Prohibited (L) 3ther school employees

411 Mandatory (L) Agency shop Mediation Prohibited (L) negotiable (L) [Final offer Check-off (L) arbitration for police and firel

State (Classified Mandatory (De. Check-off Mediation: fact- Prohibited Service Em- partment of Civ (DCS policy) fmding (DCS (DCS poiicy) ployees) Service policy) policy)

All Yes (L) Mandatory (L) Agencyshop Mediat~on:fact- Prohibited (L) negotiable (L) finding. [Final lnlunction will offer arbitration not be issued for police and unless clear and firel (L) present danger to public health. safety and welfare has been shown (C)

Impasse State Agency 'rovlsions for Right to Right to Union Resolution Created to Exclusive Meet and Bargain Security Employees Right to Strike Confer Coiiectiveiy Provisions Procedures State Covered Administer Recognition Mediation; tact- rohibited (L) New Hampshin nding. Parties nay agree upon heir own pro- edures (L)

gency shop il- Aediation; vol- New Jersey 3 (L) Aandatory (L) !gal; employees lntary arbitra- annot be forcec Ion (L) )use checkoff C) gency and 'arties may New Mexico !s (State Reg- imployer de- ~tions) :ides if there is nion shop pro- lgree to thelr o be any bar- ibited (Regu- )wn procedures. jaining or con- Itions) )ut arbitration ;ultatton (Reg- and lactflnding ~lations) nay only be jsed with State 'ersonnei 3oard approval :Regulations)

.ocal, police, 'ermitted to ex- Ire. teachers ent civil serv- ce laws do not weempt scope 31 negotiations (A) (C)

(L) :heck-off (L) Mediation; fact- Prohibited (L) New York 'es (L) Mandatory finding Parties may agree to own procedures including arb+ tration. [Arbi- tration mandatory for police and fire] (L) 'Right to work" North Carollna Prohibited (L) (C) aw does not ap ~lyto public employees (C)

Permissive (A) Mediation (L) Prohibited (C) North Dakota State, local. lolice, fire Factfinding if Prohibited (L) reachers Mandatory (L) elther party requests. Part!e may agree to own procedures (L) Provhions State Agency For Union Impasse Employees Created To Exclusive security Resolution state Covered Administer Recognition Confer I Cdleetively I Rights Provisions Procedures Right To Strike - Prohibited (L) Ohio All NO definlttve statement of law. Several Check-off (L) conflictmg court decisions: (1) Civbl Serv- Agency shop ice employees of a city have right to Illegal (C) bargain. (2) State employees have right to present proposals but may not enter into bonding agreements. (3) Contracts voluntarily entered into are legally binding and enforceable. (4) County court of common pleas has authority to enter Into agreements which are bmding on suc- cessors. (5) Collective bargainmg has no place In the public sector

Oklahoma State 'rohtbtted (A) C)

Local, police. Mandatory (L) =actf~nding(L) 'roh~b~ted(L) fire in citles over 25.000; c~t- ies under 25.000 may opt for coverage

Teachers and Mandatory (L) -actfindmg (L) 'rohlblted (L) all other school employees

Oregon All Mandatory (L) Unlon and dediatton: fact- 'errnttted for agency shop ~ndtngParttes :mployees In negotiable (L) nay agree to Inlt for whlch lrbitrat~onlured for po- [Re- ~und~ngarb~tra- on 1s not pro- Ice, fire, and ~dedMed~a- pards at cor- on and fact- ectional or nd~ngpro- nental hospl- edures must alsl (L) rst be ex- austed (L) State Agency Provisions for Right to Right to Union Impasse Employees Created to Exclusive Meet and Bargain Management Security Resolution State Covered Administer Recognition Conler Collectively Rights Provisions Procedures Right to Strike

Pennsylvan State, local. Yes (L) Mandatory (L) Yes (L) Check-off (L) Factf~nd~ngvol- 'ermltted after teachers [Court untary arbttra- xhaustton of employees ex- tton permltted npasse pro- cluded (C)] [Guards and edures Pro- court employees bted for requlred to sub- uards and nlt to arbltra- ourt employ- ttonl (L) es (L) In- Jnction may ot be issued rlor to start of tr~ke(C)

Police. fire Mandatory (L) Elther party may nvoke arbltra- tton (L)

Rhode Islar State 'es (L) Yes (L) Mandatory (L) Agency shop IL) Medtatton, fact- 'rohlblted (L) findtng, adv~sory See Teachers arbltratlon on ,r case law) wages, blndmg on other matters (L)

Local 'es (L) fes (L) Mandatory (L) Elther party 'rohlblted (L) may request See Teachers medlatlon, e~ther 3r case law) party may request arbltratlon wh~chIS blnding on all questions except money (L)

Police, fire 'es (L) fes IL) Mandatory (L) 'rohtblted (L) See Teachers 3r case law)

Teachers 'es (L) fes (L) Mandatory (L) Agency shop (L) Etther party 'rohlblted wlth may request uallflcatton medtat~on, iat courts may e~therparty may ot enjoin strlke request arb~trat~c nless 11causes whlch IS blndlng reparable In- on all questtons Jry fatlure to except money tart school (L) ear on sched- iled day IS not reparable In- ury (C) State Agency Right to Right to Provisions for Union Impasse Employees Created to Exclusive Meet and Bargain Managemen Security Resolution State Covered Administer Recognition Confer Collectively Rights Provisions Procedures Right to Strike Wrltten contract, memorandum of u South Carolil All 1 Prohlb~ted(L) derstandtng, or any other agreemen (C) prohibited (L)

South Dakot; All 'es (L) Mandatory (L) 'es (L) Check-off ne- Partles may got~able(A) adopt own procedures or ask commlssloner c state labor man agement rela- tlons to Inter- vene commls- $loner mediates and may fact- ihnd report ma( o partles and ocal newspa- Jers [Pol~ce 3nd f~reem lloyee organlza Ions may request b~nd~ng leclslon by trl- lartlte Fa~rHea ng Board] L) Binding 4rbitration Un- :onstitutional C) Tennessee Ail 'rohlblted (C)

Texas State, local. 4ny recognltlon Union 'rohlblted (L) teachers 11employee shop prohlb~ted epresentatlves (L) rrohlblted (L)

Pol~ce,f~re 'es (L) Mandatory (L) Check-off ne- 'rohlblted (L) [Local refer- gottable (L) endum re- qu~redto bring each lurisd~c- tlon under coverage, may also be revoked by referendum]

State Agency Provisions for Right to Right to Union Impasse Employees Created to Exclusive Meet and Bargain Management Security Resolution State Covered Administer Recognition Confer Collectively Rights Provisions Procedures Right to Strike Washington State Mandatory (L) Unlon shop Hed~atlon Permitted upon Flther party may maiorlty vote iubm~td~spute Of unlt check o State Per- off negotiable ionnel Board agency shop or arb~trat~on author~zedIL) L) Local, police, Mandatory (L) Check-off Aed~at~onfact- fire 'rohlblted (L) Agency shop lnd~ngarb~tra- negot~able(L) ratlon (L! Constitution- ility of binding rbitration up- eld (C)] Teachers and 'es (L) Mandatory (L) Check-off. Mediation; fact- employees of Agencyshop nding. Parties school negotiable (L) ray agree to districts ieir own pro- edures. (L).

West Virginia All ?rm~ss~ble(A) 'erm~ss~blebut artles may rohlblted (C) ?mployer may gree to med~a- mlaterally on and fact- :hange agree- ndlng (A) nents (A)

Wisconsin All Aandatory (LI ;heck-off Fa~r edlat~on.fact- 'ohlblted (L) ;hare agree- idlng [F~nal nent may be fer arb~tra- luthorlzed by ln for pol~ce eferendum (L) id flrel (L) -. Wyoming Fire ,bttratton (L)

'Primary Source: Summary of State Policy Regulations lor Public Sector Labor Relations: Statutes, Attorney General Opinions and Selected Court Decisions, U.S. Department of Labor. Labor-Management Services Administration. Division of Public Employee Labor Relations. 1975.

ALABAMA Consumer Protection ...... 64 Annual Sessions ...... 4 Drugs & Narcotics ...... 76 Conflict of Interest ...... 90 Energy ...... 48 Constitutional Amendments ....4 Fiscal Action ...... 32 Disclosure ...... 90 Freedom of Information ...... 90 Ethics Law ...... 90 Government Accountability .... 90 Federal Voting Rights Law ....90 Human Services ...... 84 Government Accountability .... 90 Law Enforcement ...... 76 Law Enforcement ...... 78 Mental Health ...... 84 Lobbyists ...... 90 Judicial Reorganization ...... 76 State Legislature ...... 4 Juvenile Corrections ...... 76 Judicial & Court Reorganization 78 Mobile Homes ...... 64 State Modernization ...... 4 Planning & Zoning ...... 38 Voter Registration ...... 98 Pollution ...... 39 Property Tax ...... 32 ALASKA Public Transportation ...... 56 Campaign Financing ...... 90 Solar Energy ...... 48 Conflict of Interest ...... 90 Transportation ...... 56 Consumer Protection ...... 64 Disclosure ...... 90 ARKANSAS Education ...... 84 Campaign Financing ...... 90 Energy ...... 48 Constitutional Convention ...... 4 Government Accountability .... 90 Consumer Protection ...... 64 Governor Jay Hammond 34.48, 76 Fair Trade Laws ...... 64 Hatch Act ...... 90 Fiscal Action ...... 30. 32 Human Services ...... 84 Government Accountability ....90 Law Enforcement ...... 12. 76 Health Maintenance ...... 84 Local Consolidation ...... 12 Housing ...... 84 Local Modernization ...... 12 Human Services ...... 84 Local Planning & Zoning ...... 38 Law Enforcement ...... 76 Mental Health ...... 84 Law Enforcement Training .... 76 Municipality of Anchorage .... 12 Pollution ...... 39 Nursing Home Regulations ....84 Prescription Regulation ...... 64 Open Meetings ...... 90 Private & Correspondence Open Records ...... 90 Schools ...... 64 Pipeline ...... 48 Property Tax ...... 32 Plea Bargaining ...... 76 Sales Tax ...... 30 Regional Electrical Authority ...48 State Modernization ...... 4 Rural Energy Needs ...... 48 Urban Renewal ...... 84 State Modernization ...... 4 Vehicles ...... 64 Veto Sessions ...... 4 CALIFORNIA ARIZONA Agency Consolidation ...... 4 Arrest & Prison Records ...... 76 Arrest & Prison Records ...... 76 Building Construction ...... 64 Consumer Protection ...... 64 Business & Trade Schools .... 64 Disclosure ...... 91 Energy ...... 48 Energy ...... 48 Fair Trade Laws ...... 63 Energy Pricing ...... 48 Fair Trade Laws ...... 65 Arkansas ...... 64 Fair Trade Laws ...... 64 Fiscal Action ...... 28 California ...... 64 Fiscal Action ...... 31 Freedom of Information ...... 91 Colorado ...... 65 Government Accountability . 30. 91 Government Accountability ....91 Connecticut ...... 65 Governor Edmund G . Governor Ella Grasso .....91. 34 Idaho ...... 66 Brown. Jr ...... 4. 91 Hatch Act ...... 92 Iowa ...... 67 Health Maintenance ...... 84 Home Rule ...... 13 Michigan ...... 67 Housing ...... 84 Human Services ...... 84 New Hampshire ...... 67 Human Services ...... 84 Jury Selection ...... 76 New Jersey ...... 67 Jury Selection ...... 76 Landlord-Tenant Relationship ..65 New York ...... 68 Land Use & Zoning ...... 38 Law Enforcement ...... 76 North Carolina ...... 68 Law Enforcement ...... 76 Local Modernization ...... 13 Oregon ...... 68 Lobbyists ...... 91 Mobile Homes ...... 65 Tennessee ...... 68 Mental Health ...... 84 Open Meetings ...... 91 Washington ...... 68 Mining ...... 40 Open Records ...... 91 Florida ...... 65 Open Meetings ...... 91 Solar Heat ...... 49 Georgia ...... 65 Open Records ...... 91 Special Service Districts ...... 13 Governor Patrick Lucey ...... 69 Prescriptions ...... 64 State Modernization ...... 5 Hawaii ...... 65. 66 Public Transportation ...... 56 Transportation ...... 57 Idaho ...... 66 Redlining ...... 84 Utilities ...... 48 Illinois ...... 66 State Modernization ...... 4 Voter Resistance to Taxes ....33 lowa ...... 67 Sunshine Law ...... 91 Kansas ...... 67 Transportation ...... 56. 58 CONSUMER PROTECTION Landlord-Tenant Relationship . . 63 Utilities ...... 48 Advertising ...... 66 Arizona ...... 64 Vehicles ...... 40 Alaska ...... 64 Connecticut ...... 65 Voter Registration ...... 91 Arizona ...... 64 Delaware ...... 65 Voter Resistance to Taxes ....33 Arkansas ...... 64 Hawaii ...... 65 Automobiles ...... 64 Illinois ...... 67 COLORADO Automobile Repair Kansas ...... 67 Consumer Protection ...... 65 Connecticut ...... 65 Massachusetts ...... 67 Disclosure ...... 91 Hawaii ...... 65 New Jersey ...... 68 Energy ...... 48 Maryland ...... 6 7 New Mexico ...... 68 Fair Trade Laws ...... 65 Nevada ...... 67 New York ...... 68 Fiscal Action ...... 30 New Hampshire ...... 67 Maine ...... 67 Government Accountability ....91 Building Construction Maryland ...... 67 Governor Richard Lamm .....40 Arizona ...... 64 Massachusetts ...... 67 Home Rule ...... 13 Connecticut ...... 65 Meat Regulation Housing ...... 84 Business & Trade Schools ..... 64 Minnesota ...... 67 Law Enforcement ...... 5 Arizona ...... 64 Oklahoma ...... 68 Local Modernization ...... 13 Arkansas ...... 64 South Dakota ...... 68 Property Tax ...... 32 Illinois ...... 66 Michigan ...... 67 Recycling ...... 40 California ...... 64 Minnesota ...... 67 Prescription Regulation ...... 65 Colorado ...... 65 Nevada ...... 67 Regional Power Authorities ....48 Condominiums Ne* Hampshire ...... 67 Sales Tax ...... 30 Florida ...... 65 New Jersey ...... 67 Sewage & Solid Waste ...... 40 Georgia ...... 65 New Mexico ...... 68 State Modernization ...... 4 Hawaii ...... 66 New York ...... 68 Transportation ...... 56 Maryland ...... 67 North Carolina ...... 68 Use Tax ...... 30 Massachusetts ...... 67 Oklahoma ...... 68 Utilities ...... 40 South Dakota ...... 68 Oregon ...... 68 Connecticut ...... 65 Prescription Regulation ...... 64 CONNECTICUT Consumer Credit Protection ...64 Arkansas ...... 64 Automobile Repair ...... 65 Illinois ...... 66 California ...... 64 Building Warranties ...... 65 New York ...... 68 Colorado ...... 65 Campaign Financing ...... 91 Delaware ...... 65 Maine ...... 67 Consumer Protection ...... 65 Deposit Requirements ...... 64 Maryland ...... 67 Minnesota ...... 67 California ...... 48 Rural Energy Needs ...... 48 Nevada ...... 67 Connecticut ...... 4 7. 48 Solar Energy ...... - 47 New Mexico ...... 68 Delaware ...... 49 Arizona ...... 48 Oregon ...... 68 Ethyl Alcohol ...... 52 Connecticut ...... 48 ...... South Carolina ...... 68 Florida ...... 49 Iowa 50 South Dakota ...... 68 Georgia ...... 47. 49 Massachusetts ...... 51 Texas ...... 68 Geothermal ...... 47 New Mexico ...... 52 Wisconsin ...... 69 Louisiana ...... 50 South Dakota ...... 53 Return of Merchandise Nevada ...... 52 South Carolina ...... 53 Hawaii ...... 66 New Mexico ...... 52 South Dakota ...... 53 Rhode Island ...... 68 Texas ...... 53 Tax Breaks ...... 47 Rhode Island ...... 68 Governor Cecil . Andrus ..... 50 Massachusetts ...... 51 Rights of Patients ...... 68 Governor Julian Carroll ...... 50 Montana ...... 52 South Carolina ...... 68 Governor Dan Evcns ...... 54 New Hampshire ...... 52 South Dakota ...... 68 Governor James T. Exon ..... 52 Oregon ...... 53 State Agencies ...... 64 Governor Jay Hammond ...... 48 South Dakota ...... 53 Alaska ...... 64 Governor Robert Ray ...... 51 Tennessee ...... 53 Florida ...... 65 Governor Thomas Salmon .... 54 Texas ...... 53 Georgia ...... 65 Hawaii ...... 49 Utah ...... 47, 54 Hawaii ...... 66 Idaho ...... 50 Vermont ...... 45.48. 54 Nevada ...... 67 Iowa ...... 47. 50. 51 Washington ...... 54 Wisconsin ...... 69 Kansas ...... 50 West Virginia ...... 54 Tennessee ...... 68 Kentucky ...... 50 Wind Power ...... 51. 49 Texas ...... 68 Louisiana ...... 50 Utilities Maine ...... 50 ENVIRONMENTAL PROTECTION Georgia ...... 65 Maryland ...... 50 Agency Reorganization Maine ...... 67 Massachusetts ...... 51 Connecticut ...... 41 New York ...... 68 Methane Gas (Garbage) ...... 47 Hawaii ...... 5. 42 Vermont ...... 68 Mining ...... 50. 52 Florida ...... 5 Wisconsin ...... 69 Montana ...... 51 Alaska ...... 38 Vermont ...... 68 Natural Gas ...... 51 . 52 Arizona ...... 38 Washington ...... 68 Nebraska ...... 52 Arkansas ...... 39 Wisconsin ...... 69 Nevada ...... 52 California ...... 40 New Hampshire ...... 52 Colorado ...... 40 DELAWARE New Jersey ...... 47. 52. 87 Connecticut ...... 41 Adult Corrections ...... 77 New Mexico ...... 52 Delaware ...... 41 Consumer Protection ...... 65 New York ...... 52. 98 Energy ...... 37 Energy ...... 49 North Carolina ...... 52 Colorado ...... 40 Environmental Evaluation ..... 41 North Dakota ...... 53 North Dakota ...... 45 Governor Sherman Tribbitt .... 77 Nuclear Safeguards ...... 53 Wisconsin ...... 45 Home Improvement Financing . 85 Oil Refinery Construction .....48 Wyoming ...... 46 Home Rule ..: ...... 13 Oregon ...... 53 Environmental Impact Human Services ...... 85 Pipelines ...... 40. 48 Statements ...... 44 Jury Selection ...... 77 Power Plant Siting ...... 48 Family Farms ...... 38 Juvenile Corrections ...... 5 Maryland ...... 50 Iowa ...... 43 Law Enforcement ...... 5. 77 Massachusetts ...... 51 Missouri ...... 43 Landlord-Tenant Relationship . . 65 North Dakota ...... 53 Florida ...... 41 Legislative Reform ...... 5 Vermont ...... 54 Georgia ...... 41 Local Modernization ...... 13 Pricing ...... 48 Governor Hugh Carey ...... 44 Rights of Mentally Ill ...... 85 California ...... 48 Governor Michael Dukakis ....43 State Modernization ...... 5 Maine ...... 50 Governor Richard Lamm .....40 North Carolina ...... 53 Governor James Longley ..... 43 ENERGY Rhode Island ...... 53 Hawaii ...... 42 Alaska ...... 48 South Carolina ...... 53 Idaho ...... 42 Arizona ...... 48 West Virginia ...... 54 Illinois ...... 42 Coal ...... 51 Regional Electrical Authorities . 48 Indiana ...... 42 Colorado ...... 48 Rhode Island ...... 53 Iowa ...... 42 Kansas ...... 43 Hawaii ...... 42 Washington ...... 36 Kentucky ...... 43 Idaho ...... 42 West Virginia ...... 36 Land Use ...... 37 Massachusetts ...... 43 Georgia ...... 30. 33 California ...... 38 Maine ...... 43 Government Size ...... 22 Florida ...... 40, 41 North Dakota ...... 45 lowa ...... 32 Hawaii ...... 5. 42 Washington ...... 45 Illinois ...... 32 Idaho ...... 42 Tennessee ...... 45 Kansas ...... 28. 32 Massachusetts ...... 43 Texas ...... 45 Kentucky ...... 28 Montana ...... 43 Vehicles ...... 38 Maryland ...... 32 Nebraska ...... 44 Arizona ...... 38 Michigan ...... 28. 32 Wyoming ...... 45 California ...... 40 Minnesota ...... 28. 32 Local Planning 8 Zoning ...... 37 Nevada ...... 44 Missouri ...... 32 Alaska ...... 38 Virginia ...... 45 Montana ...... 32 Arizona ...... 38 Washington ...... 45 Nevada ...... 32 Georgia ...... 42 West Virginia ...... 45 North Carolina ...... 32 Indiana ...... 42 Wisconsin ...... 45 New Hampshire ...... 32 Nebraska ...... 44 Wyoming ...... 45 New Jersey ...... 28. 32 South Dakota ...... 45 New Mexico ...... 31 Virginia ...... 45 EQUAL RIGHTS New York City .....21. 31. 33. 30 Maryland ...... 43 Connecticut ...... 76 New York State ...... 21. 31 Maine ...... 43 Delaware ...... 77 North Carolina ...... 33 Massachusetts ...... 43 Equal Rights Amendment ..... 71 North Dakota ...... 32 Michigan ...... 43 Jury Selection ...... 76. 77 Ohio ...... 28. 32 Mining New Jersey ...... 71 Oregon ...... 32 California ...... 40 New York ...... 71 Property Tax ...... 20. 28 Illinois ...... 42 North Dakota ...... 71 Arizona ...... 32 Iowa ...... 42 Racial Discrimination ...... 80 Arkansas ...... 32 Kentucky ...... 43 Rape ...... 71 California ...... 33 Maryland ...... 43 Women's Rights ...... 71. 76. 77 Colorado ...... 32 Nevada ...... 44 Georgia ...... 30. 33 North Dakota ...... 45 FISCAL ACTION Illinois ...... 32 South Dakota ...... 45 Arizona ...... 32 Iowa ...... 32. 33 Tennessee ...... 45 Arkansas ...... 30. 32 Kansas ...... 32 Texas ...... 45 Business Tax ...... 20 Maryland ...... 32 Missouri ...... 43 Michigan ...... 28. 29 Michigan ...... 28. 32 . 33 Montana ...... 43 New York ...... 31 Minnesota ...... 32. 33 Nebraska ...... 44 California ...... 31. 33 New Hampshire ...... 32 Nevada ...... 44 Colorado ...... 30. 32 New Mexico ...... 33 New Jersey ...... 44 Connecticut ...... 28 North Carolina ...... 33 New York ...... 44 Cuts In Spending ...... 19 Ohio ...... 32 North Carolina ...... 45 Alaska ...... 34 Oregon ...... 32 North Dakota ...... 45 Arkansas ...... 36 South Carolina ...... 33 Oil Shale ...... 40 California ...... 36 Utah ...... 32 Oil & Gas Drilling ...... 41 Connecticut ...... 34 Washington ...... 32 Pipelines ...... 40 Georgia ...... 34 Wisconsin ...... 32. 33 Pollution Illinois ...... 34 Wyoming ...... 32 Arizona ...... 38 Kentucky ...... 36 Sales Tax ...... 22. 28 Arkansas ...... 39 Massachusetts ...... 35 Arkansas ...... 30 Florida ...... 41 Michigan ...... 35 Colorado ...... 30 Public Works ...... 44 Minnesota ...... 36 Georgia ...... 30. 33 Recycling ...... 40. 45 Oklahoma ...... I c New Mexico ...... 31 Sewage & Solid Waste ...... 40 Nebraska ...... 35 New York ...... 31 South Dakota ...... 45 New York ...... 35 Utah ...... 31 State Planning ...... 37 Rhode Island ...... 35 Washington ...... 31 Alaska ...... 38 Texas ...... 36 State Fiscal Assistance ...... 22 Delaware ...... 41 Vermont ...... 35 State Income Taxes ...... 28 Florida ...... 41 Virginia ...... 35 State Revenue Sharing ...... 22 Michigan ...... 28 Erosion & Sedimentation .....41 Governor Ella Grasso ...... 91 Tax Circuit Breaker ...... 32 Fair Business Practices ...... 65 Governor James I3 . Longley ...96 Tax Increases ...... 19 . 22 Fiscal Action ...... 30 Governor William G ...... Tax Reductions ...... 22 Government Accountability ....92 Milliken 94. 96 Texas ...... 28 Governor George Busbee .....14 Governor Dan Walker ...... 93 ...... Use Tax Intergovernmental Relations ...14 Hatch Acts 89 ...... Colorado ...... 30 Local Modernization ...... 14 Alaska 90 Connecticut ...... 92 Washington ...... 31 Oil & Gas Drilling ...... 41 ...... Utah ...... 31. 32 Open Meetings ...... 92 Hawaii 93 Voter Reaction ...... 33 Property Tax ...... 31 Idaho ...... 93 ...... Washington ...... 31. 32 Sales Tax ...... 30. 33 Illinois 93 Welfare ...... 28 Energy ...... 65 l ndiana ...... 93 Wisconsin ...... 32 Zoning ...... 42 Iowa ...... 93 Wyoming ...... 32 Kansas ...... 93 Voter Resistance to Taxes ....33 GOVERNMENT ACCOUNTABlLiTY Kentucky ...... 93 California ...... 33 Alabama ...... 90 Lobbyists ...... 90 Connecticut ...... 33 Alaska ...... 90 California ...... 91 Maine ...... 33 Arizona ...... 90 Hawaii ...... 93 Maryland ...... 33 Arkansas ...... 90 Idaho ...... 93 New Jersey ...... 33 California ...... 89 . 91 Kansas ...... 93 New York ...... 34 Campaign Financing ...... 89 Maine ...... 96 Ohio ...... 34 Arkansas ...... 90 Michigan ...... 94, 95, 96 Pennsylvania ...... 34 Connecticut ...... 91 Missouri ...... 96 Texas ...... 34 Florida ...... 92 Nevada ...... 97 Virginia ...... 34 Georgia ...... 92 New York ...... 97 Washington ...... 34 Hawaii ...... 92 North Carolina ...... 99 North Dakota ...... 99 FLORIDA Idaho ...... 93 Oregon ...... 99 Adult Corrections ...... 77 Indiana ...... 93 ...... Campaign Financing ...... 92 Iowa ...... 93 Rhode Island 100 ...... Condominiums ...... 65 Kansas ...... 93 South Dakota 100 ...... Conflict of Interest ...... 92 Maine ...... 96 Tennessee 100 ...... Consumer Protection ...... 65 Colorado ...... 91 Texas 100 ...... Corrections Reorganization .... 5 Conflict of Interest Utah 100 ...... Disclosure ...... 92 Alabama ...... 90 Virginia 101 Energy ...... 48 Alaska ...... 90 West Virginia ...... 101 ...... Environmental Agency Florida ...... 92 Wisconsin 101 Reorganization ...... 5 Indiana ...... 93 Louisiana ...... 93 Ethics Law ...... 92 Maine ...... 96 Maine ...... 96 Michigan 94 Executive Branch Reorganization 5 ...... Maryland ...... 96 New York ...... 97 ...... Governmental Accountability . . 92 Massachusetts 96 North Carolina ...... 99 Governor Reuben Askew .....13 Michigan ...... 94, 96 Human Services ...... 85 Pennsylvania ...... 99 Mississippi ...... 96 Impeachment & Suspension ... 77 Virginia ...... 101 Missouri ...... 89, 96 Land Use ...... 40. 41 Wisconsin ...... 101 Montana ...... 96 ...... Law Enforcement ...... 5. 77 Connecticut ...... 91 Nebraska 96 Local Modernization ...... 14 Florida ...... 92 New Jersey ...... 97 Open Records ...... 92 Freedom of Information ...... 89 New York ...... 97, 98 Pollution ...... 41 Arizona ...... 90 North Carolina ...... 99 ...... Rights of Mentally Ill ...... 85 Connecticut ...... 91 North Dakota 99 State Modernization ...... 5 Maine ...... 96 Ohio ...... 99 Montana ...... 96 Open Records ...... 89 GEORGIA Georgia ...... 92 Alaska ...... 90 Adult Corrections ...... 77 Governor Otis R. Bowen ...... 93 California ...... 91 Campaign Financing ...... 92 Governor Edmund G . Brown. Jr . 91 Connecticut ...... 91 Condominiums ...... 65 Governor Brendan Byrne ..... 97 Florida ...... 92 Consumer Protection ...... 65 Governor Julian Carroll ...... 93 Louisiana ...... 93 Energy ...... 49 Governor Hugh Carey ...... 97. 98 Open Meetings ...... 89 Alaska ...... 90 Iowa ...... 93 Kentucky ...... 85 California ...... 91 Michigan ...... 96 Maine ...... 85 Connecticut ...... 91 New Jersey ...... 97 Maryland ...... 85 Georgia ...... 92 New York ...... 98. 99 New Jersey ...... 87 Hawaii ...... 93 Oregon ...... 99 New Mexico ...... 88 0 ...... 93 Tennessee ...... 100 Oregon ...... 88 Kansas ...... 93 Utah ...... 101 Oklahoma ...... 88 Maine ...... 96 Wisconsin ...... ,.101 Rhode Island ...... 88 Massachusetts ...... 96 Washington ...... 101 South Dakota ...... 88 Mississippi ...... 96 West Virginia ...... 101 Texas ...... 88 Montana ...... 96 Wisconsin ...... 101 Housing ...... 83 Nebraska ...... 96 Wyoming ...... 101 Arkansas ...... 84 New Jersey ...... 97 California ...... 84 New York ...... 99 HAWAII Colorado ...... 84 Ohio ...... 99 Arrest Records ...... 77 Delaware ...... 85 Oregon ...... 99 Automobile Repair ...... 65 Hawaii ...... 85 Texas ...... 100 Campaign Financing ...... 92 Illinois ...... 85, 86 West Virginia ...... 101 condominiums ...... 66 Indiana ...... 85 Oregon ...... 99 Consumer Protection ...... 65 Iowa ...... 85 Pennsylvania ...... 99 Energy ...... 49 Louisiana ...... 85 Reporting & Disclosure ...... 89 Government Accountability .... 92 Nebraska ...... 86 Alabama ...... 90 Housing ...... 85 New Hampshire ...... 86 Alaska ...... 90 Human Services ...... 85 New Jersey ...... 86 California ...... 91 Landlord-Tenant Relationship ..66 New Mexico ...... 87 Colorado ...... 91 Land Use ...... 5, 42 New York ...... 88 Florida ...... 92 Law Enforcement ...... 5. 77 Ohio ...... 88 Idaho ...... 93 Lobbyists ...... 92 South Carolina ...... 88 Illinois ...... 93 Local Modernization ...... 14 Utah ...... 88 Indiana ...... 93 Mortuaries ...... 66 Illinois ...... 85, 86 Kentucky ...... 93 Open Meetings ...... 93 Indiana ...... 85 Louisiana ...... 93 Return of Merchandise ...... 66 Iowa ...... 85 Maine ...... 96 Solar Energy ...... 49 Kentucky ...... 85 Maryland ...... 96 State Modernization ...... 5. 6 Louisiana ...... 85 Michigan ...... 94 Transportation ...... 57 Maine ...... 85 Montana ...... 96 Unemployment ...... 85 Maryland ...... 85 Nevada ...... 97 U . S. Department of Nebraska ...... 85 New Jersey ...... 97 Transportation ...... 57 Nevada ...... 86 New York ...... 97 Wind Power ...... 49 New Hampshire ...... 86 North Carolina ...... 99 New Jersey ...... 86 North Dakota ...... 99 HUMAN SERVICES New Mexico ...... 87 South Carolina ...... 100 Arizona ...... 84 New York ...... 88 South Dakota ...... 100 Alaska ...... 84 Ohio ...... 88 Tennessee ...... 100 Arkansas ...... 84 Oregon ...... 88 Texas ...... 100 California ...... 84 Oklahoma ...... 88 Virginia ...... 101 Colorado ...... 84 Pennsylvania ...... 88 Washington ...... 101 Connecticut ...... 84 Redlining ...... 85, 86 Wyoming ...... 101 Delaware ...... 85 Rhode Island ...... 88 Rhode Island ...... 100 Florida ...... 85 South Carolina ...... 88 South Carolina ...... 100 Governor Dan Walker ...... 86 Texas ...... 88 South Dakota ...... 100 Hawaii ...... 85 Unemployment ...... 85 Tennessee ...... 100 Health ...... 83 UrbanRenewal ...... 84 Texas ...... 100 Arizona ...... 84 Utah ...... 88 Utah ...... 100 Arkansas ...... 84 Virginia ...... 101 California ...... 84 IDAHO Voter Registration ...... 90 Delaware ...... 85 Agency Reorganization .....5, 50 Alabama ...... 98 Florida ...... 85 Alcoholism ...... 77 California ...... 91 Iowa ...... 85 Campaign Financing ...... 92 ...... Consumer Protection ...... 66 Fair Trade Laws 67 North Carolina 104 ...... Disclosure ...... 92 Family Farms 43 Ohio 103 ...... Fair Trade Law ...... 66 Fiscal Action 32 Public Employees 103 Government Accountability ....92 Governor Robert Ray ...... 51 LAW ENFORCEMENT Governor Cecil D. Andrus ...5. 50 Government Accountability .... 93 Adult Corrections ...... Land Use ...... 42 Health Facilities ...... 85 Delaware ...... Lobbyists ...... 93 Housing ...... 85 ...... Florida ...... State Modernization ...... 5 Human Services 85 ...... Georgia ...... Sunshine Law ...... 93 Law Enforcement 80 .... Alabama ...... Tomorrow Program ...... 42 Law Enforcement Training 80 ...... Alaska ...... Utilities ...... 5 Mining 42. 50. 51 Solar Power ...... 50 Arizona ...... Polls ...... 93 Arkansas ...... ILLINOIS ...... Alcoholism ...... Advertising ...... 66 Property Tax 32. 33 ...... Arrest & Prison Records Business & Private Schools ... 66 Rights of Mentally Ill 85 ...... Arizona ...... Conflict of Interest ...... 93 Voter Registration 93 California...... Consumer Protection ...... 66 KANSAS Hawaii ...... 77 Disclosure ...... 93 Agency Consolidation & New Mexico ...... 81 Environmental Protection .....42 Reorganization ...... 50 California ...... 4 . 76 Fiscal Action ...... 32 Campaign Financing ...... 93 Colorado ...... 4 Government Accountability . 86. 93 Consumer Protection ...... 67 Connecticut ...... 77 Governor Dan Walker .....35. 93 Energy ...... 50 Bribery ...... 93 Housing ...... 85 . 86 Fiscal Action ...... 28 Corrections Reorganization ....4 Human Services ...... 86 Government Accountability .... 93 Alaska ...... 76 Landlord-Tenant Relationship . . 67 Governor Robert Bennett ...... 6 Arizona ...... 76 Law Enforcement ...... 77 Judicial Reorganization ...... 80 ...... California ...... 76 Mining 42 Landlord-Tenant Relationship . . 67 Colorado ...... 4 Open Meetings ...... 93 Law Enforcement ...... 80 Delaware ...... 5 77 Property Tax ...... 32 Law Enforcement Training .... 80 . Florida ...... 5 Redlining ...... 85. 86 Lobbyists ...... 93 Georgia ...... 77 Siate Modernization ...... 6 Local Modernization ...... 14 Indiana ...... 77 Open Meetings ...... 93 Nebraska ...... 80 INDIANA Pollution ...... 43 New York ...... 8 Campaign Financing ...... 93 Property Tax ...... 32 ...... South Carolina ...... 16 County Planning 42 State Modernization ...... 6 ...... Disclosure ...... 93 Virginia 10 Transportation ...... 57 ...... Government Accountability ....93 ...... Delaware 5. 77 Veto Sessions 6 ...... Governor Otis R. Bowen ...... 93 Drugs & Narcotics 76 ...... Home Rule ...... 14 KENTUCKY Education 81 Florida ...... 5. 77 Housing ...... 85 Disclosure ...... 93 Georgia ...... 77 Human Services ...... 85 Energy ...... 50 ~awEnforcement ...... 77 ~i~~~lAction ...... 28 Governor Michael Dukakis ....80 Local Modernization ...... 14 Government Accountability .... 93 Governor Jay Hammond ...... 76 Regional Law Enforcement .... 77 G~~~~~~~Julian M . Governor Sherman Tribbitt .... 77 Small Claims Court ...... 80 carroll ...... 6, 50, 93 Grand Jury Reorganization .... 76 ...... Juvenile Corrections ...... 80 ~~~~~~~~~t F~~~~ ...... 6 Arizona 76 ...... Juror-Employer Conflict ...... 80 H~~~~ services ...... 85 Delaware 77 Florida ...... 77 Plea Bargaining ...... 80 Judicial Reorganization .... 78 . 80 ...... Judicial Reorganization ...... 77 L~~ Enforcement ...... 78. 80 Illinois 77 ...... Primaries ...... Hawaii 77 93 Mining 43 ...... Transportation ...... s7 Rights of Mentally Ill ...... 85 Illinois 77 State Modernization ...... 6 Impeachment & Suspension ... 77 IOWA ...... Indiana ...... 77 Utilities.. 6 Campaign Financing ...... 93 Insanity Defense ...... 80 Coal Research ...... 51 LABOR MANAGEMENT Iowa ...... 80 Consumer Protection ...... 67 Explanation of Terms ...... 104 Judicial Conflict of Interest ....99 Energy ...... 50.51 Maine ...... 105 Judicial Behavior ...... 99 Judicial &Court Reorganization . 77 Racial Discrimination ...... 80 Missouri ...... 16 Indiana ...... 77 Rape ...... 71 Montana ...... 12. 16 Kansas ...... 80 Regional Correction Facilities .. 75 Municipality of Anchorage .... 13 Kentucky ...... 78. 80 Regional Law Enforcement . 75. 80 Nevada ...... 16 Louisiana ...... 80 Rehabilitation ...... 5. 76 New Mexico ...... 16 Maine ...... 80 Rhode Island ...... 81 North Dakota ...... 16 Mississippi ...... 80 Rights of Former Felons ...... 81 Pennsylvania ...... 16 Nevada ...... 81 Rights of Prisoners .... 75. 76. 81 South Carolina ...... 16 New York ...... 81 South Carolina ...... 16 Special Service Districts North Dakota ...... 81 South Dakota ...... 82 Connecticut ...... 13 South Dakota ...... 82 Texas ...... 82 Missouri ...... 16 Texas ...... 82 Training ...... 75 Utah ...... 16 Juror-Employer Conflict ...... 80 Arkansas ...... 76 Texas ...... 16 Jury Reorganization ...... 76 Iowa ...... 80 Utah ...... 16 Jury Selection Kansas ...... 80 Washington ...... 17 California ...... 76 Utah ...... 82 Wisconsin ...... 17 Connecticut ...... 76 Virginia ...... 10 Delaware ...... 77 Voter Registration ...... 98 LOUISIANA Georgia ...... 77 West Virginia ...... 82 Agency Consolidation & New York ...... 81 Wisconsin ...... 82 Reorganization ...... 7 Rhode Island ...... 81 Bribery ...... 93 Juvenile Corrections ...... 5 LOCAL MODERNlZATlON Disclosure ...... 93 Arizona ...... 76 Alaska ...... 12 Energy ...... 50 Delaware ...... 5. 77 Colorado ...... 13 Geothermal Energy ...... 50 Indiana ...... 80 Connecticut ...... 13 Government Accountability ....93 Nebraska ...... 80 Delaware ...... 13 Housing ...... 85 Kansas ...... 80 Florida ...... 13 Human Services ...... 85 Kentucky ...... 78. 80 Governor Reubin Askew ...... 13 Judicial Reorganization ...... 80 Lobbyists ...... 100 Governor George Busbee ..... 14 Law Enforcement ...... 80 Louisiana ...... 80 Governor Michael Dukakis ....15 Open Records ...... 93 Maine ...... 80 Governor Patrick Lucey ...... 17 Primaries ...... 93 Massachusetts ...... 80 Georgia ...... 14 Racial Segregation in Medical Care for Prisoners .... 84 Hawaii ...... 14 Prisons ...... 80 Mississippi ...... 80 Home Rule ...... 11 Special Sessions ...... 7 Missouri ...... 80 Colorado ...... 13 State Modernization ...... 7 Nebraska ...... 80 Connecticut ...... 13 Vet0 Sessions ...... 7 Nevada ...... 81 Delaware ...... 13 New Jersey ...... 81 Indiana ...... 14 MAINE New Mexico ...... 81 South Carolina ...... 16 Agency Consolidation & New York ...... 8. 81. 97 Indiana ...... 14 Reorganization ...... 7 North Dakota ...... 81 Intergovernmental Relations Annual Sessions ...... 9 Oregon ...... 81 Councils ...... 11 Campaign Financing ...... 96 Pardons. Parole. & Georgia ...... 14 Conflict of Interest ...... 96 Probation Massachusetts ...... 15 Consumer Protection ...... 67 Florida ...... 5 Michigan ...... 15 Disability of Governor ...... 8 Georgia ...... 77 Pennsylvania ...... 16 Disclosure ...... 96 Massachusetts ...... 80 Texas ...... 16 Energy ...... 50 New Mexico ...... 81 Kansas ...... 14 Free Drugs for Elderly ...... 85 New York ...... 81 Local Consolidation ...... 11 Freedom of Information ...... 96 Oregon ...... 81 Alaska ...... 12 Government Accountability .... 96 Utah ...... 82 Nevada ...... 14. 16 Governor James Longley . .43. 96 Plea Bargaining ...... 76. 80 Utah ...... 17 Health Maintenance ...... 85 Prison Facilities Local Government Human Services ...... 85 Missouri ...... 80 Structure ...... 11. 12. 17 Judicial Reorganization ...... 80 Texas ...... 82 Massachusetts ...... 15 Law Enforcement ...... 80 Utah ...... 82 Michigan ...... 15 Labor Management ...... 105 Prisoners with Mental Disorders 84 Minnesota ...... 15 Legislative Branch Reorganization .~..,.,,...8 Fiscal Action ...... 28 . 32 Trans~orfafion...... 57 Lobbyists ...... 96 Government Accountability . 94. 96 Open Meetings ...... 96 Governor William G . NEBRASKA Prescription Regulation ...... 67 Milliken ...... 29. 35. 94. 96 Annual Sessions ...... 7 State Planning ...... 43 Insanity Defense ...... 80 Corrections Reorganization .... 80 State Modernization ...... 7. 8 Intergovernmental Relations ... 15 Energy ...... 52 Transportation ...... 57 Lobbyists ...... 94 . 95. 96 Ethyl Alcohol ~ue1...... 52 Utilities ...... 50 Local Modernization ...... 15 Government Accountability ....96 Voter Resistance to Taxes ....33 Property Tax ...... 28. 32 Governor James T . Exon .....52 State Modernization ...... 7 Human Services ...... 85 MARYLAND Transportation ...... 57 Juvenile Corrections ...... 80 Agency Consolidation & Voter Registration ...... 96 Land Use ...... 44 Reorganization ...... 7 Welfare Program ...... 28 Law Enforcement ...... 80 Automobile Repair ...... 67 Lieutenant Governor's Duties ...7 Condominiums ...... 67 MINNESOTA Mobile Homes ...... 86 Consumer Protection ...... 67 Consumer Protection ...... 67 Open Meetings ...... 96 Disclosure ...... 96 Fiscal Action ...... 28 Recount ...... 97 Energy ...... 50 Local Modernization ...... 15 State Modernization ...... 7 Fiscal Action ...... 32 Meat Regulations ...... 67 Transportation ...... 57 Government Accountability ....96 Prescription Regulation ...... 67 Vet0 Changes ...... 7 Health Maintenance ...... 96 Property Tax ...... 33 Human Services ...... 85 Rental Properties ...... 67 NEVADA Natural Gas ...... 50 Transportation ...... 57 Auto Repair ...... 67 Power Plant Siting ...... 50 Campaign Financing ...... 97 Prescription Regulation ...... 67 MISSISSIPPI Consumer Protection ...... 67 Property Tax ...... 32 Government Accountability .... 96 Disclosure ...... 97 State Modernization ...... 7 Judicial Reorganization ...... 80 Energy ...... 52 Voter Resistance to Taxes ....33 Law Enforcement ...... 80 Fiscal Action ...... 32 Open Meetings ...... 96 Geothermal Energy ...... 52 MASSACHUSETTS Primaries ...... 96 Government Accountability .... 97 Condominiums ...... 67 Housing ...... 86 Consumer Protection ...... 67 MISSOURI Human Services ...... 86 Energy ...,...... 51 Family Farming ...... 43 Judicial &Court Reorganization . 81 Energy Tax Breaks ...... 51 Fiscal Action ...... 32 Law Enforcement ...... 81 Government Accountability ....96 Government Accountability ....89 Lobbyists ...... 97 Governor Michael Law Enforcement ...... 80 Local Consolidation ...... 16 Dukakis ...... 15. 43. 80 Lobbyists ...... 96 Local Modernization ...... 16 Intergovernmental Relations ... 15 Local Mdernization ...... 16 Mining ...... 44 Landlord-Tenant Relationship ..67 Port Authorities ...... 16 Prescription Regulation ...... 67 Law Enforcement ...... 80 Prison Facilities ...... 80 Property Tax ...... 32 Local Modernization ...... 15 Property Tax ...... 32 State Modernization ...... 7 Local Planning ...... 43 Land Use ...... 43 Utilities ...... 52 Mining ...... 43 Vehicles ...... 44 Open Meetings ...... 96 MONTANA Pardons ...... 80 Campaign Financing ...... 96 NEW HAMPSHIRE Power Facilities Siting ...... 51 Coal ...... 51 Auto Repair ...... 67 Solar Power ...... 51 Disclosure ...... 96 Consumer Protection ...... 67 Wind Power ...... 51 Energy ...... 51 Energy ...... 52 Energy Tax Break ...... 51 Energy Tax Break ...... 52 MICHIGAN Fiscal Action ...... 32 Fair Trade Laws ...... 67 Business Tax ...... 28. 29 Freedom of Information ...... 96 Fiscal Action ...... 32 Campaign Financing ...... 94. 96 Government Accountability ....96 Governor Meldrim Thompson. Conflict of Interest ...... 94. 95 Local Consolidation ...... 13 Jr ...... 7 C0nSLImer Protection ...... 67 Local Government Structure ... 12 Human Services ...... 86 Disclosure ...... 94 Local Modernization ...... 12. 16 Plumbing Code ...... 86 Environmental Lawsuits ...... 43 Open Meetings ...... 96 Property Tax ...... 32 Fair Trade Law ...... 67 Property Tax ...... 32 State Modernization ...... 7 NEW JERSEY Carey ...... 8. 35. 44. 58. 97. 98 Open Meetings ...... 99 Consumer Protection ...... 67 Housing ...... 88 Property Tax ...... 32 Disclosure ...... 97 Human Services ...... 88 Public Employees ...... 103 Energy ...... 52 Judicial Conflict of Interest .... 98 Transportation ...... 58 Energy Waste Reduction ..... 87 Judicial & Court Reorganization 81 Voter Resistance to Taxes ....34 Equal Rights Amendment .....71 Jury Duty ...... 81 Fiscal Action ...... 28 Landlord-Tenant Relationship . . 68 OKLAHOMA Government Accountability .... 97 Law Enforcement ...... 8. 81. 97 Consumer Protection ...... 68 Governor Brendan Byrne .....97 Lobbyists ...... 97 Health Maintenance ...... 88 Housing ...... 86 Open Meetings ...... 99 Human Services ...... 88 Human Services ...... 86 Natural Gas ...... 52 Meat Regulations ...... 68 Landlord-Tenant Relationship . . 68 New York City ...... 30 State Modernization ...... 9 Methane Gas ...... 52 Parole ...... 81 Open Meetings ...... 97 Rights of Former Felons ...... 81 OREGON Property Tax ...... 32 Sales Tax ...... 31 Campaign Financing ...... 99 Rights of Mentally Ill ...... 87 State Modernization ...... 8 Consumer Protection ...... 68 Rights of Prisoners ...... 81 Transportation ...... 57 Energy ...... 53 Solid Waste ...... 44 Utilities ...... 68 Fiscal Action ...... 32 Voter Registration ...... 97 Voter Registration ...... 98. 99 Fair Trade Law ...... 68 Voter Resistance to Taxes ....33 Voter Resistance to Taxes ....34 Government Accountabilitv .... 99 Judicial Behavior ...... 99 NORTH CAROLINA NEW MEXICO Health Care for Elderly ...... 88 Campaign Financing ...... 99 Arrest Records ...... 81 Human Services ...... 88 Consumer Protection ...... 68 Consumer Protection ...... 68 Law Enforcement ...... 81 Disclosure ...... 99 Energy ...... 52 Lobbyists 99 Energy ...... 53 ...... Fiscal Action ...... 31 Nuclear Safeguards 53 Fiscal Action ...... 32. 33 ...... Geothermal Energy ...... 52 Open Meetings 99 Fair Trade Law ...... 68 ...... Governor's Term of Office .....8 Parole ...... 81 Government Accountability .... 99 Housing ...... 87 Prescription Regulation ...... 68 Lobbyists ...... 99 Human Services ...... 87 Property Tax ...... 32 Property Tax ...... 32. 33 Landlord-Tenant Relationship . . 68 Voter Registration ...... 99 Public Employees ...... 104 Law Enforcement ...... 81 Recycling ...... 45 Local Modernization ...... 16 PENNSY LVANlA State Modernization ...... 8 Mental Health Programs ...... 88 Conflict of Interest ...... 99 Utilities ...... 52 Parole ...... 81 Government Accountabilitv .... 99 Prescription Regulation ...... 68 NORTH DAKOTA Government Vacancies ...... 10 Property Tax ...... 33 Disclosure ...... gg Intergovernmental Relations ... 16 Sales Tax ...... 31 Energy ...... 53 Human Services ...... 88 Solar Energy ...... 52 Equal Rights Amendment .....71 Local Modernization ...... 16 State Modernization ...... 7 Fiscal Action ...... 32 Rights of Mentally Ill ...... 88 Government Accountability ....gg State Modernization ...... 10 NEW YORK Judicial &Court Voter Resistance to Taxes .... 34 A~~ncyConsolidation & Reorganization ...... 81 Reorganization ...... 8 Law Enforcement ...... 81 RHODE ISLAND Conflict of Interest ...... 97 Lobbyists ...... gg Consumer Protection ...... 68 Corporate Tax ...... 31 Local Modernization ...... 16 Energy ...... 53 Corrections Reorganization .... 8 Mining ...... 45 Government Accountability ... 100 Consumer Protection ...... 81 Power Facility Siting ...... 53 Health Facilities ...... 88 Disclosure ...... 97 Property Tax ...... 32 Human Services ...... 88 Energy ...... 52 State Planning ...... 45 Jury Selection ...... 81 Environmental Public Works ...44 Utilities ...... 45 Law Enforcement ...... 81 Equal Rights Amendment .....71 Lobbyists ...... 100 Fiscal'Action ...... 21. 31 OHIO Return of Merchandise ...... 68 Fair Trade Law ...... 68 Fiscal Action ...... 28 Rights of Patients ...... 68 Freedom of Speech ...... 99 Government Accountability .... 99 State Modernization ...... 10 Government Accountability . 97. 98 Housing ...... 88 Transportation ...... 59 Governor Hugh Human Services ...... 88 Utilities ...... 53 SOUTH CAROLINA Annual sessions ...... 3. 9 ~ennsylvania ...... 10 Consumer Protection ...... 68 Arkansas ...... 4 Rhode Island ...... 10 Disclosure ...... 100 California ...... 4 South Carolina ...... 10 Energy ...... 53 Colorado ...... 4 South Dakota ...... 10 Fiscal Action ...... 33 Connecticut ...... 5 Special Sessions ...... 4,7 Housing ...... 88 Constitutional Convention ...... 4 Tennessee ...... 10 Human Services ...... 88 Delaware ...... 5 Texas ...... 10 Law Enforcement ...... 16 Disability of Governor ...... 8 Utah ...... 10 Local Modernization ...... 1 6 Executive Branch Reorganization 3 Veto Changes ...... 7 Power Rates ...... 53 Delaware ...... 5 Veto Sessions Prescription Regulation ...... 68 Florida ...... 5 Alaska ...... 4 Property Tax ...... 3 Kansas ...... 6 Kansas ...... 6 Public Officials' Behavior .... 100 Louisiana ...... 7 Louisiana ...... 7 State Modernization ...... 10 New Mexico ...... 7 Virginia ...... 10 Oklahoma ...... 9 Wisconsin ...... 10 SOUTH DAKOTA Pennsylvania ...... 10 Campaign Financing ...... 100 Texas ...... 16 TENNESSEE Condominiums ...... 68 Utah ...... 10 Consumer Protection ...... 68 Consumers Protection ...... 68 Energy ...... 6 Disclosure ...... 100 Disclosure ...... 100 Florida ...... 5 Energy ...... 53 Energy ...... 53 Government Forms ...... 7 Fair Trade Law ...... 68 Energy Tax Break ...... 53 Governor Cecil D . Andrus ...... 5 Government Accountability ...100 Fund Raising ...... 68 Governor Robert Bennett ...... 6 Lobbyists ...... 100 Government Accountability ... 100 Governor Edmund G . Brown. Mining ...... 45 Human Services ...... 88 Jr ...... 4 State Modernization ...... 10 Judicial &Court Governor Julian M . Carroll .....6 Voter Registration ...... 100 Reorganization ...... 82 Governor Patrick Lucey ...... 10 Law Enforcement ...... 82 Governor Meldrim Thornson. Jr . . 7 TEXAS Lobbyists ...... 100 Hawaii ...... 5. 6 Campaign Financing ...... 100 Meat Regulation ...... 68 Idaho ..: ...... 5 Consumer Protection ...... 68 Mental Health ...... 88 Illinois ...... 5 Disclosure ...... 100 Mining ...... 45 Judicial Branch Reorganization ..3 Energy ...... 53 Prescription Regulation ...... 68 Kansas ...... 6 Fiscal Action ...... 28 Solar Energy ...... 53 Kentucky ...... 6 Geothermal Energy ...... 54 State Modernization ...... 10 Legislation Branch Government Accountability ... 100 Transportation ...... 59 Reorganization ...... 3 Health Maintenance ...... 88 Utilities ...... 53 Delaware ...... 5 Human Services ...... 88 Zoning ...... 45 Kansas ...... 6 l ntergovernmental Relations ... 16 Maryland ...... 7 Judicial & Court STATE MODERNIZATION Michigan ...... 7 Reorganization ...... 82 Agency Consolidation & Oklahoma ...... 10 Law Enforcement ...... 82 Reorganization ...... 4 Tennessee ...... 10 Lobbyists ...... 100 Delaware ...... 5 Texas ...... 10 Local Modernization ...... 16 Florida ...... 5 Utah ...... 10 Mining ...... 45 Idaho ...... 5 Virginia ...... 10 Open Meetings ...... 100 Kansas ...... 6 Lt . Governor's Duties ...... 7 Prescription Regulation ...... 68 Louisiana ...... 7 Louisiana ...... 7 Prison Facilities ...... 82 Maine ...... 7 Maine ...... 7. 8 Rights of the Handicapped ....88 Maryland ...... 7 Maryland ...... 7 State Modernization ...... 10 New York ...... 8 Michigan ...... ,... 7 Transportation ...... 59 North Carolina ...... 8 Nebraska ...... 7 Utilities ...... 53 Oklahoma ...... 9 Nevada ...... 7 Voter Resistance to Taxes ....34 Pennsylvania ...... 10 New Hampshire ...... 7 Virginia ...... 10 New Mexico ...... 7 TRANSPORTATION Wisconsin ...... 10 New York ...... 8 Areawide Systems ...... 55, 56 Alabama ...... 4 North Carolina ...... 8 Ohio ...... 58 Alaska ...... 4 Oklahoma ...... 9 Virginia ...... 62 California ...... 58 Government Accountability ...100 Governor Dan Evans ...... 54 Arizona ...... 56 Housing ...... 88 Local Government Structure ... 17 California ...... 56. 58 Human Services ...... 88 Local Modernization ...... 17 Connecticut ...... 57 Law Enforcement ...... 82 Property Tax ...... 32 Colorado ...... 56' Lobbyists ...... 100 Sales Tax ...... 31 Governor Hugh Carey ...... 58 Local Consolidation ...... 17 Environmental Task Force ....45 Hawaii ...... 57 Local Modernization ...... 16 Transportation ...... 62 Indiana ...... 57 Parole ...... 82 Use Tax ...... 31 Kansas ...... 57 Prison Facilities ...... 82 Voter Resistance to Taxes .... 34 Maine ...... 57 Property Tax ...... 32 Michigan ...... 57. 62 Sales Tax ...... 31 Minnesota ...... 57 Special Service Districts ..... 16 WEST VIRGINIA Montana ...... 57 State Modernization ...... 10 Energy ...... 54 Nebraska ...... 57 Transportation ...... 59. 62 Government Accountability ...101 New York ..... : ...... 57 Use Tax ...... 31 Lobbyists ...... 101 Ohio ...... 58 Voter Registration ...... 101 Mining ...... 45 Public Transportation ...... 56 Open Meetings ...... 101 Railroad Systems ...... 56 VERMONT Utility Prices ...... 54 Rhode Island ...... 59 Consumer Protection ...... 68 School Buses ...... 56 Energy ...... 45. 54 South Dakota 59 ...... Governor Thomas Salmon ....54 State Agencies ...... 56 WISCONSIN California ...... 58 Nuclear 'Iants .....451 54 conflict of lnterest ...... 101 Transportation ...... 62 Connecticut ...... 57 Consumer Protection ...... 69 Utilities ...... 68 Hawaii ...... 57 Energy ...... 45 Indiana ...... 57 Fiscal Action ...... 32 Kansas ...... 57 VIRGINIA Government Accountability ... 101 Maine ...... 57 Conflict of Interest ...... 101 Governor Patrick Lucey . 10. 17. 69 Nebraska ...... 57 Corrections Reorganization .... 10 Lobbyists ...... 101 New York ...... 58 Disclosure ...... 101 ~ocalModernization ...... 17 Ohio ...... 58 Government Accountability ...101 Prescription Regulation ...... 69 south Dakota ...... 59 Law Enforcement ...... 10 Property Tax ...... 32 Texas ...... 59 Lobbyists ...... 101 State Modernization ...... 10 Utah ...... 59 Local Planning ...... 45 Utilities ...... 69 Vermont ...... 62 State Modernization ...... 10 Voter Registration ...... 101 Texas ...... 59 Transportation ...... 62 U.S. Dept . of Transportation ... 57 Resistance Taxes .... 34 Utah ...... 59, 62 WYOMING Vermont ...... 62 WASHINGTON Campaign Financing ...... 101 Virginia ...... 62 Consumer Protection ...... 68 Disclosure ...... 101 Washington ...... 62 Disclosure ...... 101 Government Accountability ... 101 Energy ...... 54 Energy ...... 45. 46 UTAH Fiscal Action ...... 31 Fiscal Action ...... 32 Energy ...... 54 Fair Trade Law ...... 68 Land Use ...... 45, 46 Fiscal Action ...... 31 Government Accountability ... 101 Property Tax ...... 32

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