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The Co:nn.on;..,realth of lIa333.chusetts
Report
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CCtl:.·j I SC ION OI-; n :'l E:R3T1I1 1:: CO-OPEM1' IOi~
to the
G£I.l C;l?J\ L CO UHT
For the Year 1976
Under Gener,'ll La"ls, Chapter 7, 3ections 21 and 2/+ 'I I) TiE CO IIHOl~: The Counci.l of State Gov er nments Officers 1976 Chainnan Senator J. Harry Nichael, Jr. J Virginia President. Governor Ro bert, D. Ray , Iowa Vice Chairman Representative John J. Thomas, Indiana Vice Presi dent . Governor !'·fike 0' Callaghan, Nevada THE COHHONlvEALTH OF IlASSflCHUSETTS OfFICERS OF THE COUNCIL OF STATE GOVERNt1ENT S Headquarters Office (Telephone:606-252-2291) Iron 'darks Pike, Lexington, Kentucky 40511 Brevard Crihfield, Executive Director Ea~;tern Office (Telephone: 212-221-3630.) Southern Office (':.'elephone: 404-266-1271) 15CO Broadl'la;r - 18th Floor 3384 Peachtree Road, n. .c. Nel~r York, New York 10036 Atlanta, Georgia 30326 Alan V. Sokolow, Director . Hercert L. ;nltsee, Director llidwest.ern Office (Telephone: 312-231-4011) Hestern Office (Telephone: 415-936-3760 2C3 Horth I,vatash Avenue 85 Post Street Chicago, Illinois 60601 San Francisco, California 94104 James H. Bm-rhay, Director J ohn q. Doyle, Director l/lashington Office (Telephone: 202-785-5()1G) 1150 Seventeenth Street, N. W. \lJashington, D. C. 2003 t) John Perry, Direct.or corUHSSION ON TIiTERSTJlTE C()-OP!'.;RATIOf~ 1208 Lit t1~ Building 80 Do~ ' 1st-on ::::it. reet Boston, Ha.ssachusetts 02116 Hemtership 1976-1977 727-2880 wpon~TED BY PRESIDENT OF THE SErU\TE: Senator Stanley J. Zarod, Indian Orchard Senator ~tJa.lter J. Boverini, Lynn Senator Ronal::L HacKenzie, Purlineton APPOINTED BY SPEAKEn OF THE HOUS.2:: Representative John F. Cusack, Arlingt.on Representative Fred F. Cain, Wilmington Repr~sentative John J. Long, ~'lestport Point Representative Carlton H. Viveiros, Fall River Represent ative Francis J. Bevilacqua, Haverhill Hepresent.ati ve Bernard 1"li1ter, Cummaquid APPomTED BY DIVISION OF pLfJ;r-,;mG: DEPT. OF COl'lHUNITY AFFIlIRS Djrector Frederick A. Fallon r.pPon~TED BY CONHlssIOtmns OlJ UNIFOm1 STATE LAv·lS Allan G. Hodgers I\PPOllJTSD DY THS GOVSm:OR Ant hon~1 A. Ponzagni Vincent A. Errichetti Charles H. Moore, Jr. George F. Cronin Francj;, K. I)w~'er, I\Gsjst.ant Dircct0r tlnrj e C. Carn ~ ~ ' , F;):ec\ ~ t . iv e SecrctarJ' C 0 ]II P 1\ C 'T' S 1. At lantj.c Stat.es Ilc9.rlne Fisheries Cor.unission 2. Connecticut River Valle;)" Flood Control Comp act 3. Herd.mack Idver Floorl Control Compact 4. E-;w Englan\'l Higher Education Comract 5. Ne1.! En~lan(J Interstate Corrections Cor. 'ract t. New iligland Interstat8 T;!o.ter Folluct.ion Control 7. 1:8'" EnrlC'.nd Police COf.ipact p.. l:o rtheaste rn Inter5t.ate Forest Fire Protection 9. Northea.st,ern Hater and Relat.e(l land Hesources 1976 REP 0 R T Council of State Governments' Officers, Officials and Locations Commissj on on Interstate Co-operation Hembers Contents: Introduction State Headlines Eastern Regional Conference 1976 Atlantic States Harine Fis'heries 1976 Concerns Suggested State Legislation . , I t: T nOD U C T I 0 l~ The COll!mlssion on Int-erst ate Co-·operation of Hassacl'1l'setts worl{s directl:' ",it]; the Council of St2.te Government s. The Cmmcil of State GoverIUl,cnts is a joint a£enc~' of all the state governments - createJ, supported and dtrected l~' then:. It. conduct3 research on stC'.t e programs C'.llrj prorlerr.s; ma.intains an information service avaj 18.:: le to state agend es, officials and legislators: iss1!es a variet.~ ' of putlicaUons; assh,1,s in state - federal liaison; promotes rceional and state - lcca.l coopr.ration and provides staff for affiliated organizatio{1t; . ·n: ".. ..'\1'['~ ' +1,..., r, l:m1-erov pul:.l:l.cation, of tho COl;ncil "f S+at~ Gov~rr,mcnt~i aw' t1 'O:::r e. ff;]jCl+ , ~r . t~~ Cnlr:1J.,s50n on Int~r 't.8t.~ CO-Op~1";:l.t:i(lr .ic: w~ll jnfofTIwr of t h~ "1' :-\;lal j ~:1"~ r, of ~ n t -::r~"t jn all i !l") ot h"'r "t at ~~ ' . The Com Ild3~ion pa:rs particular attention to th (~ l'.:ast ern section. As a men:ber of the East.ern Ref,ional Counc:i.l of Stat.;3 GoverrUTlents, the Commission on Inter~tate Co-ope ration of Ilas3 ;J,chu~ctt;j provides a direct link for our state Hith our si~ter state::; in the l~orthe8.st. Th'3 !l.ut., 1,;.;jJ. IJrot.lelllG of enerf,J' ) uncmp lo~7Dle nt, aging ind1,;.stry, Here highlighted at our annual ECl.stern Regional Conference. ThrouGll Lhe armotateJ. selections fru[a the CuUIlcil of St3.te Govermnents I II State Headlin~ 3 11, the COllJllli~sion focu3es on rrcl:len.s that are nm.. or will be affecting ~la3sachusetts. Th:rou[.b tllC f'.JlllUP.l l:;astcrn n.':!~:i.()Ila] C (l nr '~f'c ncc, the Illt. G r·~ ;t,').to Co-ollerntion COldm:i.::; :.Lion8, ~ i.rlJ Lll''! Council of :..,t rti ,c GOVCl'IlW-:ltLu CClVcr jn depth tho proL1em8 of the j~o rthea :3 t. In 1976 , particular attention wa~ dovoted to our Ea:-.;tern econoll.y. The reac;ons for the plight of the ljorth ~as t pres\;!nted proved not onl;y illformative, 1:ut surprizing, e.g., hOi-! feder Compact s .J.re a major tool of Inter;;;tate Co-opera.tion CorTllllissions. Through COllcpacts, the NortheJ.st has a vehicle to circumvent the necessity of federal ll interference, i.e., "redtape • A gooj exaraple of the succ~ss of COJ[,pacts is the fl tlantic States Harine Fisheries COJr.rnission. The fifteen Atlantic Coast States which cCil,prises the f.tlantic :.:= tates t:larine Fisheries COJi!Iilission, has had manJ' successes j.n the past, and will have even more in the future thanks to the M~tended Jurisdiction Legislation (H.H.200). Legislation is also a concern of the Councilor State Governments anJ. t.he nlterstate Co-oper::ttion COITiIrlissions. Through the Council's Suggested State Legislation Comruit tee, the states aN afforded a means through which they can diGCUSS difficult or future legislation. Also it provides a rroving ground on just how ,,,ell model legislation is ,'rorking in the Stat.es that in:plernenteJ the legislation. ill the report that fol101'[s, th t ~ Interstate Co-operation COllU'uission of l-1C1.ssacbusetts will go into the above areas ir. detail. The COITU'ilission presents thj s report with the hope that the information will prove useful for our state. The following select.ions from t.he Council of .')t.ate Government.'s State Headlines represents the most interestin[j and informative headlines of 1976. from t .hese selections, the Interstate Co-operation Conunission of Nassachusetts hopes that the Hassachusetts Legislature might be able to gain ideas and insights into what othe r states are doing about their similar problems. STATt~ HZADLnmS (Council of State Goverlli~ents) . . . highlighting goverrunent~ developments in the States . • • January 12, 1976 - NEW JERSEY BAN ON OUT-at-sTATE TRASH SUSPENDED A ban on dumping garbage from other States in New Jersey by the New Jersey Supreme Court was temporarily set aside by U.S. Supreme Court Justice William J. Brennan pending an appeal by Philadelphia and other cities. MASSACHUSETTS' PRESIDENTIAL PRIMARY LAW UPHELD Massachusetts' 1975 presidential primary is constitutional and may take effect as scheduled March 2, the Supreme Judicial Court ruled December 31. The Court also upheld provisions of the law removing direct electioll of delegates to national party conventions and no longer requiring delegates to vote for candidates preferred by primary voters. STATES URGE AEROSOL BAN Ten States have joined with three environmental r,roups in a petition seeking a ban on aerosol products containing fluorocarbons. The petition filed with the . f ederal Consumer Product Safety Commission says the aerosols might be destroying the atmosphere's protective layer of ozone thus increasing the danger of skin cancer. States petitionjng were Oregon, which ha s a state aerosol ban, Colorado, Florida, Michigan, Minnesota, New Ilampshirc, New York, Massachusetts, Vermont and Wisconsin. -January 12 (Cont.) - MASSACHUSETTS CRACI S DOWN ON CIGARETTE BOOTLEGGING Massa~husetts Attorney General rranc is X. Bellotti has launched an attack on bootleg cigarette sales he says is costing the State $15-$20 million a year in taxes. The State loses 21 cents a pack on illegal sales of unstamped cigarettes. January 26, 1976 - CAMPAIGN SPENDING LIMITS SUSPENDED IN CALIFORNIA The California Supreme Court January 15 suspended the $1. 2 million limit on spending in campaigns for or against ballot issues. The Court also agreed to hear a suit claiming the ceiling violated freedom of speech. Campaign spending limits were set by Proposition 9, approved by voters in 1974. MASSACHUSETTS SEEKS FEDERAL MEAT INSPECTION The federal government was asked to take over Massachusett's meat inspection program by Governor Michael S. Dukakis in an effort to save the State money. Thirteen States have abandoned their meat inspection programs. February 9, 1976 - MASSACHUSETTS, PENNSYLVANIA SAVE HOUSING AGENCIES FROM DEFAULT Unable to sell short-term notes in the puhlic market, Massachuset·ts in January and December used surplus cash to buy notes from the State Housing Finance Agency and the Massachusetts Bay Transportation Authority. The housing agency funneled its own surplus cash through the State for the purchase since it can't buy its own notes. Pennsylvania passed a $60 million appropriation to save its housing agency from default. The money will be repaid to the State when the housing agency converts its short-term notes into long-term bonds in the near future. LEG'ISLATURr; CAN'T LIMIT GOVERNOR'S HIRING POWERS The kassachusetts legislature acted illegally in requiring legislative committee approval for the Governor to fill vacant state jobs and federally-funded positions, the State Supreme Judicial Court ruled January 14. NEW JERSEY SUSPENDS PRISONER FURLOUGHS Prisoner furloughs were suspended for six weeks by New Jersey Governor Brendan Byrne after a furloughed convict serving time for murder committed a murder while on release. Eight murders have been committed by prisoners on furlough in two years. The numbe~ of furloughs rose to 11,000 last year because of a shortage of prison space. Only sex .offenders and arsonists are ineligible for furlough. NEW YORK JUDGE RULES OUT JAIL FOR ALIMONY DEBT A New York Supreme Court justice said lI e would no longer send anyone to jail for not paying alimony. The judge cited a Jdnuary 8 federal court decision, Vail v. Quinlan, which voided a state law allowinG debtors to be arrested for contempt if they did not pay. 20,000 VIr;TNAMESr; REfUGEES ON CALIfORNIA WELfARE ROLLS Despite assurances by the federal government that only 5,000 Vietnamese refugees would stay in California, the State's secretary of health and welfare says 20,747 refugees in the State are receiving welfare, Medi-Cal, and food stamps and another ~ 000 have filed applications for benefits. Secretary Mario Obledo has asked fo~ a'meeting with California's U.S. Senators to discuss federal aid for the refugees. PORTION OF IMPLIED CONSENT LAW INVALIDATED A U.S. district court invalidated the portion of Kentucky's implied consent law which allows automatic suspension of driver licenses of persons who refuse to take a sobriety test when arrested for drunken driving. Under the January 26 decision a person's license may not be suspended until conviction of the charge. february 23, 1976 - VOTER REGISTRATION BY MAIL STRUCK DOWN IN NEW YORK Voter registration by mail violates the New York constitution, a State Supreme Court justice in Buffalo ruled Febr~ary 11. The constitution requires voters in cities and villages -of 5,000 or more to be registered "upon personal application only." MISSISSIPPI L~GISLATORS NEED NOT OPEN MEETINGS Mississippi legislators do not have to abide by the open meetings law, Attorney General A. F. Summer said. lie said the constitution allows each legis lative house to adopt rules for its own proceedings, even though those rules may violate state statutes. MASSACHUSETTS WILL PAY MENTAL PATIENTS FOR THEIR WORK Massachusetts will pay patients for work they do to help keep mental health institutions operating. The pay will be retroactive to February 1975 when a federal directive was issued to provide the payments as required by a U. S. Supreme Court ruling. The program will cost $1.6 million a year. March 8, 1976 - OHIO DEATH PENALTY LAW HELD CONSTITUTIONAL Ohio's law permitting the death penalty for certain aggravated murders was ruled constitutional by the Ohio First District Court of Appeals in Cincinnati. 8I-STATE PORT AUTHORITY MAY SUBSIDIZE MASS TRANSIT Mass transit systems in New York metropolitan area may be subsidized by the Port Authority of New York and New Jersey, the New Jersey Supreme Court ruled February 24. The Court said the two State Legislatures acted legally in 1974 when they repealed a 1962 convenant barring the authority from investing in transportation systems which were not self-supporting. STATES MAY FORBID HIRING OF ILLE~AL ALIENS States may forbid employers to hire :i llcr,al aliens if such hirinp; makes it harder for legal residents to get jobs, the U.S . Supreme Court ruled February 25. Th e decision upheld a 1971 California law. It overturned a ruling of the California Court of Appeals that such controls should be up to the federal govern ment. OHIO TO INSURE ITS OWN VEHICLES OHIO TO INSURE ITS O\ IN VEHICLES BepinninE March 19, Ohio will insurn its own fleet of 12,000 state vehicles, according to Department of Administrative Services Director Richard L. Krabach. Accident costs will be charged to the responsible agency's budget. Accident pron e state drivers may be required to take driver training. The State recently opened the only bid it received on state vehicle insurance and found the premium had jumped 500 percent. TEXAS PAYS fINANCE CHARGES ON STATE SUPPLIES firms which sell to Texas are writing finance charges into their bids which cost the State more than half a million dollars a year, the State's chief purchasing agent told a legislative subcommittee. Homer Foerster said the fault was the State's because it takes from 45 to 60 days to pay its bills. MINNESOTA GOVERNOR URGES AID fOR HANDICAPPED PRIVATE SCHOOL PUPILS Minnesota Governor Wendell R. Anderson asked public schools to make their special education services for handicapped children available to children from private schools. The Governor also asked the Legislature to mandate that public schools provide special education services since state aid to such services in parochial schools is unconstitutional. April 5, 1976 - COMA VICTIM'S RESPIRATOR MAY BE DISCONNECTED, COURT RULES Karen Quinlan's right to privacy includes the right to discontinue life sustaining machinery even if it means the prospect of a natural death, the New Jersey Supreme Court ruled March 31. Because the 22-year old woman is in a noncognitive state from a year-long coma, the Court said her father as guardian may make the decision for her. The State has until April 27 to seek an appeal. NEW YORK VOTER REGISTRATION BY MAIL UPHELD A 1975 New York Law allowing voter registration by mail was upheld by the Court of Appeals April 1, overturning a ruling by a State Supreme Court justice . TOUGH MASSACHUSETTS GUN LAW GETS COURT APPROVAL Massachusetts nationally acclaimed year-in-prison Eun law was ruled constitu tional by the State Supreme Judicial Court March 15. The Court said the mandatory sentence for carrying a gun without a license was not cruel and unusual. , punishment . ILLINOIS DRUG PENALTIES BASED ON WEIGHTS UPHELD The Illino.1s Supl'eme Court March 18 upheld penalties for drug sales based on quanti ties and weights. The law even applies to the weir,ht of a sur,ilr cube that is laced with LSD. April 19, 1976 - PRESIDENT SIGNS 200-MILE SEA LIMIT BILL President Gerald Ford has si~ned a bill extending U.S. sea limit jurisdiction to 200 miles effective in March 1977. The law calls for eight regional fisheries councils to prepare rules governing flshinRin the new zone. Role of the States in the new fishing limits is not yet clearly defined. LOW INCOME NOT PASSPORT TO ALIMONY A woman who earns less than her hushand is not automatically entitled to alimony, the Missouri Court of Appeals ruled April 6. The Court said the new dissolution of marriage law placed a measure of self-reliance on divorced spouses. The Court said the situation would be different for a wife who never worked outside the home. IT'S NOT NECESSARILY HOOKEY TO ATTEND ALTERNATIVE SCHOOLS Just because the State has not approved an alternative school does not mean parents of children attending such a school can be prosecuted for truancy, the Vermont Supreme Court said in upholding a lower court decision. The Court said the determining factor in the truancy law is "equivalent education" not state approval of a school. COURT LIMITS QUESTIONING OF RAPE VICTIMS A rape victim testifying in court should not be questioned about previous sexual experiences, Pennsylvania Superior Court ruled. The decision is binding on all county Courts. The Legislature is considering a law which protects rape victims from such questioning. LEGISLATORS MAY BE ARRESTED TO GET QUORUM A le~islator may be ordered arrested by the New Hampshire Speaker of the House if necessary to secure a quorum, the State Supreme Court ruled March 3l. Speaker George Roberts last year had a member arrested and returned to the chamber. MICHIGAN ATTORNEY GENERAL SAYS HYPNOSIS IS A MEDICAL PRACTICE Attorney General Frank. Kelley of Michigan issued an opinion saying the use of hypnosis to treat ailments constitutes a medical practice and may only be performed by medical school students in training or persons practicing under the direction of a licensed ·doctor. May 3, 1976 - COLORADO ENACTS FIRST 'SUNSET' LAW Colorado has enacted a law requiring the State's 43 regulatory agencies to come under legislative review every six years. If an agency cannot prove its necessity, the Lev,islature can decide not to continue it or fail t9 take positive action and the board would automatically go out of existence. REVERSE BIAS UPHELD BY NEW YORK COURT Discrimination in favor of minority v,roup students by New York State University Medical Center was upheld by the State Court of Appeals April 8. The Court approved the center's policy of giving less qualified minority applicants a greater oppor tunity for admission than white students. MASSACHUSETTS DETOURS UNEMPLOYED FATHERS FROM WELFARE Unemployed Massachusetts fathers who apply to AFDC are being detoured to a job interview with an employment security counselor in the welfare office. The effort is designed to find the men an immediate job before they apply for welfare. The State already required employable welfare recipients to register for work. GEORGIA CAPITOL SECURITY WARDS OFF BOMB THREATS Guards at the entrances and identification cards for visitors and employees during the 1976 Georgia legislative session resulted in eliminating bomb scares and disruptive de~onstrations. The security measures were ordered by Governor George Busbee after two false bomb threats. NORTH CAROLINA DOT LIKES FOUR-DAY WEEK North Carolina's Department of Transportation is again placing 8,000 highway maintenance workers on a four-day week for the summer. When the experiment was tried last year it resulted in greater productivity. Work days will be staggered from Monday through Friday with hours from 7 a.m. to 5:30 p.m. and a lunch break. NE\~ JERSEY LOCALITIES TOLD TO ENCOURAGE OPEN HOUSING New Jersey cities, towns and suburbs were ordered by Governor Brendan Byrne to comply with state laws requiring planning and zoning for housing for the poor, elderly and families with schoolchildren. The Governor said he would withhold state aid to municipalities which try to exclude apartments or low-income housing. MINNESOTA COUNSELS ACCIDENT-PRONE DRIVERS Minnesota's Driver License Division has identified about 2,000 drivers who have had four or more accidents in 24 months and is counseling them on their accident-prone driving habits. May 17, 1976 - FORCED RETIREMENT RULED OUT BY CONNECTICUT COURT The Connecticut Supreme Court ruled unconstitutional a rule that permits agency heads to force retirement of employees who have worked 25 years at a job and are at least 50 years old. MAINE TO VOTE ON BOTTLE BILL, MICHIGAN STARTS PETITION DRIVE A ban on nonreturnable containers will be voted on by the Maine electorate next November under a 1976 bill. The bill requires a deposit on all 'beverage containers. Gover James B. Longley let it take effect without his signature. Michigan Governor William G. Milliken's Sif,natlJre was the first of the 212,000 names required to ~et a petition on the MichiRan ballot banninf, nonreturnable bottles. The Governor re~retted that the med s ure had not passed the Legislature. MASSACHUSETTS STARTS NUMBERS GAME Massachusetts started its own numbers game to compete with the illegal numbers racket. In this new version of the state lottery, bettors may pick their own number and bet from 24 cents to $10 on a ticket. Rhode Island started an instant-winner lottery game with prizes up to $10,000 in May. NEW JERSEY COMMUNITIES TOLD TO ZONE FOR LESS AFFLUENT HOUSING The New Jersey Superior Court voided the zoning ordinances of 11 municipal ities and ordered the communities to draw up plans to provide a total of 18,697 low- and moderate-income housing units by 1985. The court cited a New Jersey State Supreme Court decision which voided exclusive zoning laws. CRIMINALS MUST PAY IN VIRGINIA Persons convicted of crimes in Virginia must pay $10 into a crime victim's compensation fund starting this July. Awards, limited to. $10,000, will be paid out beginning July 1977 to persons injured by crime or families of persons killed in the course of a crime. INTEREST RATES GO DOYN Lower interest rates were good news to Massachusetts which sold $90 million in short-term housing notes in April at 5.24 percent, compared to 8.7 percent notes on the housing agency's December offering. Reduced interest rates weren't as good news for Wyoming which dropped the rate charged banks f?r state deposits from 6.5 percent to 5.25 percent. Wyoming officials said the higher rate might have resulted in the state losing ;ome banks as depositories. May 28, 1976~EW JERSEY SCHOOLS MAY BE CLOSED BY COURT The New Jersey ·Supreme Court May 13 declarea it would prohibit any spending for public schools as of July 1 unless the Legislature fully funds $378 million in new school aid previously mandated by the court. The decision is the sixth in a series dating from 1973 when the court first declared the sta.te school financing system unconstitutional because reliance on property taxes created wide disparities in school funding between rich and poor districts. After the May 13 decision the state Senate rejected a state income tax for the sixth time in two years. MASSACHUS~TTS' GOVERNMENT CALLED COSTLY, INEFFECTIVE Massachusetts' taxpayers are paying "more than is necessary for the seryices the State performs," the Governor's Management Task Force said in its 235-page report. It recommended 807 proposals for change, including reorganizing the cabinet, tightening up welfare, setting productivity standards, and scrapping Civil Service. The study was funded by $400,000 raised from businesses and staffed with management specialists loaned by businesses. MASSACHUSETTS GOVERNOR DECIDES TO ACCEPT HIGHWAY FUNDS AFTER ALL Massachusetts Governor Michael S. Dukakis said he would accept $51 million in federal hip,hway safety funds, enninr, ~m uproar that resulted when he rejected the funds hecause he said the work wasn't n(~r.dcd and would d.isrurt traffic. lie s~id he chanr,ed his mind because of the jobs at stake. WASHINGTON PLANS OPEN BUDGET HEARINGS Governor Daniel Evans of Washington has announced the State will open to the public hearings for preparation of the 1977-79 biennial budget, rather than hold closed hearings with agency heads. An ulterior motive, the Governor said, is that, "Once people realize what is done for them in the way of services, they are willing to pay." June 14, 1976 - FEDERAL POWER PLANTS EXEMPT FROM STATE PERMIT LAWS Although federal power plants are required to meet state-enforced antipollution standards, they do not have to adhere to state laws requiring permits to operate and other state-imposed pollution control t echniques, the U. S. Supreme Court ruled June 7. The appeal case particularly affects Tennessee Valley Authority (TVA) operations in Ke ntucky, Tennessee, and Alabama. The Court added , however, that Congress could give States authority to require permitting. WISCON SIN'S STATE INSURANCE FUND MAY TAKE SUBSTANDARD RISKS The State Life Fund in Wisconsin, the Nation's only state-owned insurance company, is considering issuing policies to substandard risks--persons with moderately high blood pressure, diabetes, and certain other infirmities that generally disqualify them for privately issued life insurance. NEW MEXICO SHIELD LAW FOR NEWSMEN INVALIDAT ED Saying it encroaches on court authority, the New Mexico Supreme Court ruled May 26 the State's 1973 law protecting newsmen from revealing news sources is unconstitutional. JURY DECIDES POINT OF DEATH IN MURDER CASE In a precedent-breaking decision, a Massachusetts jury convicted a defendant of murder on the basis his victim wa s "brain dead" when admitted to the hospital, rather when doctors removed artificial life support systems a week later. Other states have accepted brain death as a legal definition of death through legisla tion, but not through jury action. GOVERNMENT ACTS AFFECTING ONE RACE NOT NECESSARILY UNCONSTITUTIONAL The U. S. Supreme Court ruled June 7 that government acts that have a "dispro portionate impact" on one race of people are not necessarily unconstitutional. The ruling involved a District of Co lumbia police hiring test that many black applicants have failed. Some state hiring policies have been questioned on similar grounds. The Court's decision noted the new concept could be applicable to charges of housing , zoning , and education racial discrimination. June 28, 1976 - MANDATORY RETIREMENT AG E UPHELD States may s et mandatory retirement a ges for their employees so long as t he requirement i s relevant to job performance, the Court ruled June 25 in upholding a Massachusetts ' requirement for uniformed s t ate police to retire at age 50 (Massachusetts Bd. of Retirement v. Mur gia , No. 74-10440). July 12, 1 976 - DEATH PENALTY RULED ACCEPTABLE , WITH GUIDELINES The U.S. Supreme Court July 2 ruled that the death penalty is not inherently cruel or unusual punishment. It upheld capital punishment laws that permit judges or juries to take account of mitigating or ag ~ ravrtting circumstances in Georgia, florida and Texas. It voided laws that mandated the death penalty for certain crimes, without providing guidelines for tbe judge or jury, in Louisiana, North Carolina, and on July 6 Oklahoma. Oklahoma Governor David Boren called a special session July 19 to enact a new death penalty law. More than 30 states adopted capital punishment laws foll o win~ the Court's 1972 ruling striking down the death penalty as then imposed. Shortly before the high Court's. ruling , the New Mexico Supreme Court upheld that State 's mandatory death penalty law. Maryland's death penalty law is probably unconstitutional, Attorney General francis B. Burch said after the U.S. Supreme Court decision. MASSACHUSETTS REINSTATES PRISONER FURLOUGHS After a three-week suspension, Massachusetts revived its furlough pro~ram for prisoners under stricter guidelines. Several inmates had escaped in May while on furlough, prompting the reassessment. Earlier this year Maryland and New Jersey temporily stopped prisoner furloughs. SCHOOL DESEGREGATION Courts cannot require school authorities to readjust attendance zones to keep up w,ith population shifts once the duty of desegregation has been fulfilled, the Court ruled June 28 and June 30. (Pasadena City Ed. of Education v. Spangler, No. 75-161~). (Ed. of Education of City of Chattanooga v. Mapp, No. 75-1077' ; Mapp v. Ed. of Education of City of Chattanooga, No. 7~-1231). July 26, 1976 - M0LTISTATE TAX COMPACT RULED LEGAL States have the right to cooperate through the Multistate Tax Commission in e~forcin g their taxes against interstate business, the U.S. district court in New York City ruled July 8. The Court turned down contentions by 16 multinational corporations that the tax compact required congressional approval. Twenty-one States are compact members. TREATMENT CAN BE WITHHELD FROM DYING PATIENT Life-prolonging therapy can be withheld from a dying patient who is mentally incompetent to decide whether he wis hes treatment, the Massachusetts Supreme Judicial Court ruled July 9. The high court upheld a lower court's decision that the chemotherapy for cancer would not be worth the paln and trauma for the short time it would ~ai n. OHIO COURT SANCTIONS ST ATE AID TO PAROCHIAL SCHOOLS A U.S. district court in Ohio has sanctioned spending $81 million in state aid for nonpublic schools. The ruling says the law s i gned in 1975 by Governor James Rhodes providing $176 per nonpul)lic s chool child does not violate the separation of church and s tate principle. Courts in New Jersey and Pennsylvania have issued opposite rulings. The case will be appealed. CALIfORNIA CITY WORKLRS Nr.rr) NOT RI~ CITY Rr.SIDLNTS In an opinion to a lawmaker, California Attorney General [velle Younger ruled that a city may not require applicants for city employment to be city residents. The opinion was based on a state constitutional amendment. The U.S. Supreme Court this year ruled the fed~ral constitution doesn,'t outlaw residency requirements. August 9, 1976 - FINANCIAL DISCLOSURE AMENDMLNT WINS FLORIDA BALLOT SPOT Florida state elected officials would be required to make public their finances under a constitutional amendment placed on the November ballot. The amendment, spearheaded by Governor Reubin Askew, was the first successful initia tive in the State. The amendment goes further than Florida's 1974 financial disclosure law, which was ruled constitutional by the State Supreme Court in June. GUN PERMIT LAW FAILS TO CURB VIOLENT CRIME, STUDY SAYS Ma~sachusetts' law mandating a year in jail for carrying a gun without a permit has had little effect on violent crime, according to a Harvard University study. PENNSYLVANIA BEGINS VOTER ReGISTRATION BY MAIL An attempt to register more of the three million eligible, but unregistered voters, in Pennsyl;ania began recently with the mailing of applications for voter ,registration. It would cost $500,000 to fund the 1976 voter registration by mail law, according to Commonwealth Secretary C. Delores Tucker, who may ask for the appropriation this September. Mail registration is available statewide in 13 other States. MASSACHUSETTS UNIT TO PROBE GOVERNMENT CORRUPTION Allegations of corruption in state government will be proved by a permanent investigations unit created by Massachusetts Governor Michael S. Dukakis. The unit will coordinate investigations of complaints received by the Governor, Attorney General, public safety commissioner, and state police. August 23, 1976 - NEW JERSEY PLACES LID ON SPENDING A lid on state government spending was signed into law by New Jersey Governor Brendan Byrne. The law restricts spending by a complicated formula linked to increases in population and personal income and should allow spending to increase by 8 percent a year. Another law limits spending by local governments. Both were part of the State's new income tax package. SOUTH CAROLINA'S OSHA PROGRAM GJ:TS rr.nr.RAL APPROVAL South Carolina llecame the first State to rrceive lcderal approval for its occupiltional !;.)[cty and !tedlth prop,ram. Tile S tdle now has complete control of the pror,ram to protect workers' safety and health, with ~ederal monitoring. MASSACHUSETTS DROPS NO-FAULT ON PROPERTY DAMAGE Massachusetts, the first State to enact no-fault auto insurance and one of the few to extend it to property damage is ending the property damage coverage. The 1976 law also introduces competitiv ~ rates for auto insurers, establishes a merit ratine, system for drivers, and protects safe drivers from hieher rates if they are placed in the assigned risk pool because they live in high-risk areas. CONSENT REQUIREMENTS IN KENTUCKY ABORTION LAW INVALID Portions of Kentuckys abortion law were invalidated by a federal appeals court August 18, applying e,uidelines set by a recent U.S. Supreme Court decision. The Court voided requirements for consent by a woman's husband, parents or guardian and struck down a ban on saline abortions. ~tember 3, 1976 - NEW YORK CITY CANNOT BE FORCED TO FUND SCHOOLS, COURT RULES The New York Legislature violated a constitutional ban on interfering with local affairs when it passed a 1976 law requiring New York City to spend 21 percent of its budget on schools, a State Supreme Court justice ruled August 23. The bill became law when the Legislature overrode the Governor's veto--the first successful override in 104 years--but the city never obeyed it. The city said the law would have forced drastic cutbacks in other services. MASSACHUSETTS TIES ELeCTRIC BILL TO TUIE OF DAY The cost of electricity in Massachusetts will be linked to the time of day it is used under a plan announced by the Department of Public Utilities. The new rate formula, known as peak load pricing, is expected to counter a proposal for "flat rates" placed on the November ballot. Under the flat rate proposal all consumers would pay the same rate, ending the price break for large users such as industry. OHIO WIL~ INSURE ITS OWN AUTOS Ohio has opted to self-insure its fleet of 14,000 vehicles at an expected savings of $500,000 each year. The State began the self-insurance experiment a few months ago after rejecting all insurance bids as too high. September 20, 1976- CALIFORNIA FIRST TO PASS RIGHT TO DIE BILL A bill to give patients the right to die a natural death was passed by the 1976 California Lee,islature. The bill would permit removal of life-sustaining medical procedures with the written consent of the terminally-ill patient. The bill would be the first to legalize the "living will", a written directive that artificial means not be used to prolong life if death is imminent. The Governor has not indicated whether he will sign the bill. COURT STOPS USE OF BONE IN MEAT PRODUCTS Acting on a challenge filed by the Attorney General of Maryland and a coali tIon of consumer groups, a U. S. District Court Septemb er 1 restrained the U.S. Department of Agriculture from permi tt ine hone in pr"ocessed meat through use of mechanical deboners. October 4, 1975 - CALIFORNIA RIGHT TO DIE BILL SIGNED INTO LAW Californians " are eiven the legal rieht to refuse medical treatment and die a natural death, under a 1975 law signed by Governor Edmund Brown, Jr. Effective in January, the law sanctions removal of artificial means to prolong life. CALIFORNIA REVERSE DISCRIMINATION SUIT DUMPS MINORITY QUOTAS An appeal is expected in a case in which the California Supreme Court held 5-1 that minority race admission quotas were invalid in the university system. Such programs often reserve some places in schools for minority race students. The quota system was challenged as "reverse discrimination" by a white student denied admission to a California medical school. November 15, 1975 - NUCLEAR POWER RESTRICTIONS, UTILITY REFORMS REJECTED BY VOTERS Voters rejected initiative measures to ban nuclear power plants unless they proved their safety in Arizona, Colorado, Montana, Ohio, Oref,on, and Washinf,ton. Utility reform initiatives, including proposals for consumer advocates before rate hearings, lost in Colorado and Ohio. Massachusetts voted down a revised utility pricing structure, but approved public-owned power plants. Missouri banned electric companies from passing on to customers current construction costs. GOVERNORS PROPOSE PLAN TO REVITALIZE NORTHEAST Creation of a development corporation to provide $15 billion in federal and state funds for development of industry and energy in the Northeast was proposed by the Governors of New York, New Jersey, Pennsylvania, Connecticut, Rhode Island, Massachusetts, and Vermont. The proposal by the Coalition of Northeastern Governors was one of several recommendations to redirect federal aid to the region. The Governors met November 13-14 in Saratoga Springs, New York. November 29, 1975 - ARKANSAS GOVERNOR TO TAKE TO THE PEOPLE HIS PROPOSED PLAN Arkansas Governor David Pryor is holding regional public meetings on his plan to reduce state aid to localities and make local governments more responsible for their own affairs. He proposes reducing the state income tax and letting the people decide the level of local services they want. The plan has encountered opposition from organizations representing localities and teacher. PRIVATE HOSPITALS CANNOT BAN ABORTIONS The New Jersey Supreme Court ruled November 17 that private, nonsectarian hospitals cannot prohibit use of their facilities for elective abortions. The Court did not rule on the portion of a 1974 law allowing individuals to refuse to participate in abortions. ASSOCIATIONS MOVE INTO HALL OF THE STATES Washington, D.C. offices of the Council of State Governments, the National Conference of State LeEislatures and the National Governors' Conference will move into the new Hall o.f the States at ll44 North Capitol Street, Washington I D.C. 20001, December 4-5. They will be joined l>y many other or~anizatioris and state offices. Main telephone numbers are CSC, 524-5l I50; NGC, 524-5300, NCSL, 524-5400, and CSPA, 624-5386. AG OPINION STRENGTHENS LOUISIANA SUNSHINE LAW Louisians's 1976 sunshine law was strengthened by a recent Attorney General's opinion that all meetings of public bodies, with the exception of purely social or chance encounters, are to be open to the public. .J ALABAMA ALIMONY LAW DISCRIMINATES AGAINST MSN Alabama's alimony law was voided by a circuit court judge because it doesn't provide for awards to 'men in div~rce cases. The October 28 ruling said the law violated constitutional guarantees of equal protection. ZERO-BASE BUDGETING PRACTICED IN 11 STATES Zero-base budgeting (ZBB) which President-elect Jimmy Carter advocates for the federal budget process is already practiced in 11 states according to a survey published by the Council of State Governments in cooperation with the National Association of State Budget Officers and Coneressional Research Service of the Library of Congress. Zero-Base Budgeting in the States, RM-593, $3.50 is available from the Council. Decemter 13, 1976 PErJNSLl"V ANIA LEGISLATURE CONTHOLS FEDERAL Furms The Pennsylvania General Assembly has the constitutionalpower to control all federal funds spent as augmentations to the state budget, cormnonwealth court ruled December 3. The decision upheld 1976 lm-rs proribiting expenditure of federal grant ftmds until they are approved by the Legislature. The court denied all argwnents raised by the Att.orney General in the suit brought 17 the e>~ecutive ti'anch. The executive branch can still appeal the decision t.o the State Supreme Court. \VISCONSm SUPERINTENDENT CANNOT DESEGREGATE SCHOOLS Attorney General Bronson La Follette said November 29 that the State's superintendent of education has no authoritr to order desegregation in Wisconsin's schools. The attorney general said his ruling bas no bearing on a federal court order to desegregate Milwaukee schools. A voluntary deseg regation law that offers financial incentives for transfers of stUdents tetween sul,urban and central citr schools becam0 law in 1disconsin in 1976. The law provides uo to $2,000 per transferring stUdent to the receiving school district. NEll JERSE,'Y HIGH COURT THROI'lS OUT HIRING QlIOTft,S The NEVI JErtSE.'Y Supreme Court November 30 thre out an order by a state civil rights agenc;y requidng a tmm to hire more black police and fire-fighters to correct past racial cii3cdmination. The Court. said the State should elim- inate present unlawful discrimination tut not require quotas t.o correct previous wrongs. STATES ENTER REClPROCAL TAX AGREEHENT The Governors of NFrT JERSEY and PENNSYLVANIA agreed to a reciprocal tax. agreement that would requj.re residents of each State who work in the other to pa~r onl;r their home State's income ta..'C. The new systea will make it easier for Jl" ost affected worKers to 'file their income tax. returns. The agreement is to tal HASSACHUSETTS Governor Hichael S. Dul(akis has issued an executive order prohibiting firms that do as much as ~; 5, 000 business with the State from part,icipating in the Ara'b economic boycot.t of Israel. HASSACHUSETTS DOCTOR CLEA P~ED OF aANSLAUGHTER IN ABORTION CASE The HASSACHUSETTS Supreme Judicial Court ruled Decem~er 17 t hat Dr. Kenneth Zd,elin di not commit manslaught.er during the 1973 abortion of a 2h-week-old fetus. Dr. Et-lelin performed the abortion after the U. S. Supreme Court effectively legalized acortions, but 'before his 01., State enacted Legislation 'o n arortions. The State 's high court ruled the doctor had committed no ""Tanton or recl REGIONALECONOHIC D1ITELOPH[!;'N'T: Can the Northeast Get It All Together? I'lilliam Herckel, Jr., Deputy /'.ssistant Secretary for Operations, Economic Development Administration A. Hr. Henl How? The hasic approach to recover:yu in the Northeast must be to capitalize on proven strengths and <,.dvantages in the region. Advantages such as concentrated markets of large population centers, the vast and efficient transportation network and port system, and the major financial institutions located in rJew York City and Boston. Hr. Henh'el also stated t.hat there Le more emphasis on industrial! commercial retention. Federal Action Needed In an effort to deal with the problems of economic development, the federal government, under the authority of the Public '''orks and Economic Development !let of 19()5, created the Economic Dev elopment Administration (EDA). Hr. Henkel pointed out that EDA spent more than :$120 million in the Northeast - an amount equal to one tMrd of its total. !\long with the money, EDA is interested in reorienting other federal programs and bringing toget.her government officials from neighboring Sta.te3 and localities to discuss mutual problems and niverse joint solutions. Pressing Problems ED/\ recognizes the economic prot-lems of the Northeast, but it has little experience in the needs of mature industrj al areas. Thf(s-, it will take a spirit of cooperation ry governffient officials at all levels to find a solution. B. Regional Income Gap Hidens Dr. James II. llowell, Senior Vice President of The First National Balli: of 'Boston Dr. Ho",ell's majn point deals with attitude, i.e., instead of the Northea.E,t blaming the Sunbelt States for its economic woes, it should positively approach the pr'oblolll through innovative social and environmental legislation, C. Rer,ional Cooreration Dreed ' Dr. Ho\ .... 811 stat.ed t.hat. the federal soverrunent alone possesses the resources a.rid the power to Rlleviate regional disparities ",hich will inevitablr occur in an economy as large and diverse as ours. The federal government could act as a mediator between the North east and the South. Dr. Howell also stressed that it is necessary to have an under standing of the extent to which national economic policies effect each State. ~eed to Reverse a Trend New York Lieutenant Governor Hay Imn Krupsak Lieutenant Governor Krupsak stresses that l"e must understand our economic protlems and then set objective courses of action to remedy the protlem. She stC\tes we suffer from a re ,~ional depression Hhich is not the fruit of the r'usiness cycle, nor, as some VTould have us believe, of the inevitar'le obsolencense of ar,ine cities with insolval' le, plaguing pror'lems, t ,ut resulted from the impact of federal energy, fiscal, monetary and social policies. Lt. Gov. Krupsak said our problems in the Northeast are the result of dcliterate federal policy, e. g., energy which was once fairly unifo:nn in price, is lrJow:}iighly nonuniform. In New York, 500 kilo watts of electricity cost ~~37.33; in Boston, :1>21;..86; in Philadelphia :]:24.82; in Houston, only $15.02; in Atlanta, ~17.h4. A massive gap in this country in regional costs of living. Regional Fiscal Gap In realit~-, we ::10 not have a natiollal fiscal policJT. VJe have a series of totall~' different regional policies. In the Northeast, 'vTe gave Washinton 4:44 billion more than we received, and, at the san~e time, the national deficit i~ ~;70 billion. To curt these inequiti.es, Lt. Gov. Krupsak feels 'vIe need to devise practical and inplementaLle solutions. Among them is direct federal action to equalize the costs of energy through- out America; federal spending to sut.sidize lliass transportation systems; and iirect federal action to revamp federal aid policies. I\s Dr. Hm'i'ell [lointed out, Lt. Gov. Krupsak also l::elieves that t·'8 in tHe !'! ortheast must advertize our advanta.ges. Also, we ~;hould use cooperative lJlachinerJ", e. g., jnterstate compacts, to help each other out jn the t-Jorthe.:tst. Constructive Ctep3 Under Way A Coalition of Northeastern GCiVernors - mbsion - to ~;trug~le against a series of outmoded and outdated national policies \.. hj ch m. Another important part of the aeenda of the Coalition includes plan ning for a Northeast EeonolllieDevelopment Corporation, ' an agencJT to l e supported by a mL'Cture of put lie ard private capital. Nort.heast Feels Absolute Losses Ralph R. Hidner, President of the Academy for Contempory Protlems, cased in Columbus, Ohio. r·tr. Hidner points out that in the past a firm was willing to pay a premium ]. price for a locati.on in the prillnate cities of the North east rut that today costs outwej.ghed location and other 1::enefits. The Northeast must learn to compete 'ITit.h its southern and ,.,estern counterparts rather than attacKing them. Hr. VTidncr feels that to tecO!,e competitive will require cooperative interstate action as 1-Tell' as ind) vidual State action. flppropriate Actions Two cat.egories of action seem rr.ost I1ppropriate: (a) tbose that require 11 sutstancial degree of public and private cooperation, and (b) those that require direct use of governrnental p01ITers. The Northeast Region has two federal interstate economic development commissions; (1) the f-:e,..; England Reeional Cor.J1dssicn; and (2) t.he J\rralachia,n R~gion8.l Corrullission. Tbe potent.ia.l exists to i):.;ta1: lish \ a Title V region'al commission in the r:ortheast thouGh there is the q 1.~. estinn of what to do with the tvlO existing commissions. However, Title V docs not provide the l:ir:.rl. of pctentialthe Northeast reql]j res and, in fact has leen disappointing to most of th8 regions where jt has reen estaclished. Congress .. TOuld have to 1:-e compelled to restructiJ;v-ethe 1it1e V legislation. Also, the federal goverrunent must te brought in on this endeavor. Hr. 1'li::l.ner 'c:elieves it is possihle to envision three Northeastern organiza tj ons: (a.) em intergovernmental cody "Those responsicility it is to carry out putlic ueveloplr.ent programs in the region; (0) a pul-lic/private 1 odJ' an~3,la~ous to the Federation of Rocky Hountain States; and (c) a r~ortheastern caucus linking the two organizations to the delegates in Congress. Can new England Get It Together? ldhy not? If it can overcome some of the internal petty rivalries t.hat. have forestalled such efforts in the pa3t. :Jince the conditions "lre so critical, tho region will have t.o overcome its past jealousy and jointlJ' attact the prol::lems. 1977 Annual HeetirJg The 1977 Annual Heeting of the Eastern Regional Conference "rill 1::e held at The Frenchman's Reef Hotel, St.. Thomas, Virgin Islan'is, December 5-9. r\Tl , A~ )T IC S1'f.TSS lfAqTI:2 fISIlERDS cmr;n ~ JIOIJ [,rajor Cc.,nce rns of 1976 1717 Hllssachus et.ts Avenue J iJ';! vTa shington: DC 20C3{ The !\.S.H.F .C. is the most. active COlJmission with ,,,hich Hassachusetts has a comp act. It i '3 compo sed of t.he fifteen A.tlantic Coastal Stat~s. In the imme diate future, A. S. H. F.C. will p1a~,r even a greater role than it no,,, is cecause of recent legislation ~-;uch as the E..:x.t.ended J urisdiction Act (H.R. 200) and the developn1ent. of off-shore rld.lling and the very real threat of oil spills direct l~ r related to the oU drillir.e an:3 tr8.nsportation of the oil. The Conmssion on Interst.at e Co-operation 1.. ill rresent t he most :ir.1portant concerns of A.S.I1.F.C. rluring 197( with th'3 hop~ that thc Legislature 'tTill find it inter estjne and informative. :.oJct, ended Jurisdiction Fishery Conservation and Hanagment A.ct of 1976 (H.R.200) Bcw j cally, this is the nct "'hich extends the fishedes jurisdiction of the U. S . 200 miles. Ver"j' t'd efly. t.he l cpis1a.tion provide3 as follows: Title I - descrires the 200 mile fishery conservation zone conti[UOl.1S to the territorial sea an,:i provides for exclusive U. S. n:anar-emtnt autority over all fish within the ~one ex.cept,j nB hir,hly migrator;>,' species which are defined as "species of tuna." The effective date of Title I is Harch 1, 1977. Title II - ar\r!rcsses foreign fishing under oe; ~ clusive management. allthority of t.he U. S . The a,llowaHe l evel of f o reig.~ - fishing is that [orton of t.he orUmurn y i el d that will not 1', 13 harvested l,y v c sse;Ls of t he U. S. , if any. foreign vessel s 1vi]1 fish under a perwit. system . Title III - es1.al ]jshes national 3tandards for conservation and. manar,ment ';Thich appl:' t.o t.he preparat.ion of fishery manA.p;rnent plans and rcpulat ions . Eight Her- l onal Fisher~ ' Hana f.!ement Councils are rJ csj f:nat,e':' Cl. l onr- with th8ir goeographic r olln'~arifJs a,nd vo ting anti non-voUnr T1wm} e!'8h:Lp . Title III al ~;o r18scrilos prohH it.ed act. !: , c:i.v:il awl r: d minal penalties, nnd forfeitures. Title rJ - Repea.ls former legisl ation sllperceded t;r H. R. 200 . ';'hP, Fisher~' Conservat.ion and j bnngement ,~. c t of 197G Fact Sheet L isu8,l tJ' U. D. Department. of COI:iTIlcrcc N Because of the dj red. effect of the . FiGhcry Conservation ann Hanagement !Ict of 197(. (H.R.200) and the Regional FbherJ EClnaeement Councils it estab lished, t.he Coastal 7,one Management Act ,·:ill be going through alterations. As Secretary of COl;unerce Elliot L. Richardson remarked at the National Conference for Regional Fishery Hanagement Councils, there must te a balance "8. calance of state, rC[,ional .. national, and j_nternational interests, standards, an ~) responsitil Hies ... a lalance bebreen recreational and commercial fishir;g interests ... a 'ralance l-ehTeen t.he interests of fisherman, boat o\ Ccn~mercial Fisheries & Development Act (S. 2727) The ever increasing support of the federal government for cOTTUllcrcial fisheries is ('m illdic.3.tion that our e:overnTllcnt is finally realizing t.hat t. S. conme rcial fbherrnan have to have t.he financial support of the govern ment fO that it C!3.l1 not onl~y e:;d st. l ·ut compete Hith foreign fisherr!len. Ocean Dun-.pine The Lxnrironl'1 ental Prot.r;cU.on A[enc"J T bas t.he authority to control ocean riumping under Title I of the Ha. d ne Prot.ection, Research .311'j Sculctu The present. reGulat.ion::; of the E. P. f... ,10 not adequately 8.r1dress the regt Jlat.ion of ocean dUE lpin£; s j teG. tl::e. tht) preseJ~ t. regulaU ens pertaining t.o th'3 : 1:L~pc3al of dred£:c3 r:c?.+e rial j~, jna.de qu~t.e . Ho",rever. the E. P. /\ . will consider all written comnH:mts on proposed reyisions to crH0d a and regulaU.on3. Here i::J where our Regional Councils esta1 lished ~ J' the I:;xLended Jurisdj dion Legi slation (1: .IL 200) could be of value. Tnr:!}' couLl furnish 2 . P. A. ~'rith specifi c regional protlerns 1rlith ocean dun.ping. llopeft1ll,Y., this wjll I e the t.rendthat v-rill develop in the fllture. I . • - 197( - 1977 Council of Stc:.te Governlll ents n'~TnODuCT ION . Since 1 941, the Ccnmcil of State Governments h;:.5 puclished SUCGE3TED S'::'ATE LffiISLATI0t: ( 3:3L). These anrllJal voluJnes contain suggeste::i draft le£is1ation "'hich rr.ay r e of inte rest to the States . The Council's Committee on Suggested SUIte Le!3isla.tj on Jetend.nes those measures which are to ce in cluded in S~) L. 1\ representative 8ronp of state officials cOr.1prises the Cou;mittee-Commj ssion~rs on Intcr stC'.te Cooperation: Commissioners on Unifonn State Laws, Attorneys General, legislators and legislative staff, and others. Stat"! Land Trust !l ct. Inter state Furlough Compact Dusj ness Takeover Act State Condominum Act Reta.il Theft A.ct Health iIaintenance Or ganization Act ForestTIesources Plclnnins tl et. T<>..x Increment Financine Act Put,lic Guardi;H1 .~ ct. Hultiservice Senior Center and Ccmnunity Care Program Development Act IIearing A.id Dealers Regulatlon Act HeaJth Care Fa.cility, Saf <.)ty , and Security Act Lj fe Care and Pa;ymentr3 Contracts Act Sexual l\ssult Act Happjng) Chartinr,j 1:1nd Su rveying Coodinntion !\ct· Plea Ne got.iations f,ct Diversion Progrrull Act. Priv:),te .se curit~ , LicensinG and ReJ3Ulatory Act Suggested State Pesticide ~, ct ~. n t'ct for Reciprocal No n-HetaliA.tion in Insurance T8,xation • '" . OJ SUGGESTED STATE LECISLATION 197(. - 1977 -2 Uniform Vehicle Code Revised in 1975 - Statement AC IR State Le[islative PrograJli - Statement Fro1r: tlle list of Sug[,ested State Lceislation, the Interstate Co-operation Commission wi11 present. the annotated virsion of the COlmcil of State Govern ment. 1 S cOll'unlttee of Suggested ct.ate Le Edsl. Hany correctional departments in the la.st fetv :re. l'IHhin the last few ;rears, SOJ:ie correcU_on:=tl :lepartment.s, particularly t.hos e in the reofraprJically sma.ller and more contiguous northeastern States, l-jave gone l8} On .-l. thej r authorization to furlcugh within state torders 'b:r granting t.emporary leav8s for jnmates to visit other St.ates. The lact of ,ill ris':lict iona.l auth(1d.t;l-- has rlaced the increasing numter of departments, fur lOlighinG on an interstate l'asi3, jn a t '3110US ani potentiall~r peril01.1s lee;al po c, it.icn , rarU c1.ll In light of t,hese exprecsions of concern cmd intcrc::;t, the Criminal Pro ject star f fOrr!lCcl .3. COJrunit tee COli,pos od, of three deputy correctional com missioners and three correctional department at torneJ"s to draft. enabling statutory language. The cOILlllittee lnet for drafting sessions in Harch and Nay 1975. supplernente1 ty interim correspondence and phone calls tetween Council staff and comnit.tee memc ers for purposes of critique and review. The interest in establishing, by inter3tate compa.ct., an enal:ling legal nnd 197(: - 1777 -3 rrocedural li ,ocr.Cl.r.islIl for out-of-state furlough:; j..; olvious. Throu£h amond- ments to the Interstate Correct.ions Compact or t.he Parole <'mei Procation CompCl-ct were origina.ll;y considered l'y the com'llittee, the nature anc.l. purpose of these compact3 were deonled to ce inconsistent. with provisions for interstate furloughs. Accordingly ~ the committee settled on developtng' .". distinct Interstate Furlough Compact. and a.ccompan;yinl,; implen,cnU.ng fom,s as the Illost viable m~thou for address ing the protlern . Follovring tho c:onmittee' s finC'll v;ark sessicn in Ua;)' 1975, draft laneuage was revised l y Ccn:ncil staff and circulated to cormnittec meml: ers for their final sue:gcstions and comments. Their suge;ested revlsions were then il1corporated into a final draft l.".hic:l '/las subnittcd in August 1975 t.o the lissociation of State Correctional Administrator3 for approval. The associat.ion enuorsed t.he concept and the lanGuage of the compact. SEXUAL ASSAULT ACT R~cent, :- t,ate act ions jncicate a tr ~nd to'.V'ard 1710dification of current rape st.;],tut'3s . Several ,judsJicticns have enacted laws which protect the rape victim from disclo~l'.re in court. of irrelevant evidence descril' ing previous sexual con it:ct. T!iese la,'ls are r:lesiJ!ned,. in laree part, t.o encouraee the rape victim to prcsGcut,e the rapj r-' t . 0+,; l~r ~t ates have mod j fied rape statutes to estallish different degrees of t Le offense 13. 5 Hell as t.o make changes -"hich recognize that rape or Eexual assa\'lt nlrl.;)' C'3 CO)]Uil:iJ,t e1 'l' ~r f Cj-.Rles as well as mal es . Han~- of these statutes cont.ain penalties for certaln tnlcS of seA-ual contact even if act He,] r1l.pc V!aS not involved . This ·:iraft act vIA S prepare'l ry the Council of State Governments and contains the provj:-3ions descriled al ,ova. It. is tc13~ri uron an act introduced in Congres3, and rec~nt.l~ · enacted Kentuck:r and Wisconsin statutes .