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INTERNET PRIVACY ONLINE ACCESS DOCTORS' RECORDS High tech and the public interest High tech and the public interest

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INTERNET PRIVACY ONLINE ACCESS DOCTORS' RECORDS

High techand the public interest

High techand the public interest

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CSG's Online Store is now open for business!Visit us at www.csg.org to browse or purchase any of CSG's wide array of publications on state

issues and news.

StatesNews www.csg.org

The Council ofState Governments

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research and a considerable amount of time.

That’s why thousands of people turn to The Council of State Governments’ comprehensive publication For more than 60 years, this publication has beenreferred to as the “encyclopedia of state government.”

information fast. Here’can access:

✔ Terms of office, methods of selection, qualifications and salaries, powers and duties for officials in all three branches;

✔ Legislative organization, procedure, compensation, operation, committee appointments, bill introductions and session length;

✔ Offices up for election for the next eight years, methods of nominating candidates, voting statistics, campaign-finance laws and procedures for initiatives;

✔ State budgetary procedures and fund management, revenues and expenditures, state debt, taxes and federal grants;

✔ State facts such as population, land areas, historical data, capitals, state mottos, elected executive-branch officials, legislative leaders and judges of high courts.

The Book of the States has important information and facts about all three branches of state government. This reference book will make it easy for you to find the answers to difficult questions about state government in all 50 states and six U.S. jurisdictions.

Your One Source for

The Council ofState Governments

P.O. Box 11910Lexington, KY 40578-1910

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4 state government news october 2000

featuresfeatures

information technology

Bridging the digital divide 10States are finding ways to bring access to the Internet to residents whootherwise might be left behind in the race to get online.

by Andy Teague

information technology

A gap in Web access 12As states offer government services over the Internet, they need to ensuretheir Web sites are accessible to people with disabilities.

by Ed Janairo

information technology

Privacy on the line 14States walk a fine line between protecting users’ privacy online and interferingwith Web-based business transactions.

by Heather Bakondy

information technology

Checking up on your doctor 16Many states are using the Internet to let patients check on disciplinaryactions and other information about their doctors once kept secret.

by Michele Bushong

information technology

States give easy access 20Web portals give people one-stop Internet access to multiple state-governmentservices.

by Polly Forster

information technology

Preserving the public trust 21A business executive gives reasons why e-government is not e-business.

by Jim Dodd

environment

Guarding the Great Lakes 24Policy-makers need to protect the water supplies in the Great Lakes.

by Tim Anderson

welfare to work

A ride, not a free ride 26States can use federal funds to help needy people with transportation.

by April Kaplan

elections

Direct democracy under siege 28A political scientist makes an argument against the attack on initiatives.

by Charles M. Price

october 2000 volume 43, number 9

on the cover:The digital divide separates those

who have access to technologyfrom those who don’t.

Illustration by Skip Olson.

managing editorElaine Stuart

associate editorCatherine Cowan

graphic design coordinatorSkip Olson

production systems administratorConnie P. LaVake

contributorsHeather Bakondy

Kristin CormierEd Janairo

Kevin KinnairdCindy J. LackeyKaren Marshall

Malissa McAlisterJohn Mountjoy

Allison SpurrierFred J. Vickers

Laura Williams

advertisingKristi Swanson(859) 244-8118

reprint permissionsSusan Haney

(859) 244-8246

publication sales(800) 800-1910

[email protected]

fax(859) 244-8001

[email protected]

internetwww.csg.org

A Publication of The Council of State GovernmentsA Publication of The Council of State Governments

G O V E R N M E N T N E W S

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the council of state governments 5

departmentsdepartments

6 statesnews■ elections■ Legislative and gubernatorial seats are up in November.■ elections■ Puerto Rico prepares for its first presidential election.■ drug prices■ Maine’s prescription-drug plan faces court battle.■ campaign finance■ California launches the nation’s biggest scholarship fund.

30 excellence in actionCSG activities and events, and those of affiliates, are highlighted.

by Allison Spurrier

36 inquiry lineStates encourage driver’s education for young people.

by James Carroll

38 conference calendarMeetings and conference activities of CSG, affiliates and other associationsare listed.

by Allison Spurrier

Executive CommitteechairDeputy Minority Leader Rep. Tom Ryder, Ill.

presidentGov. Paul Patton, Ky.

chair-electSenate President Pro Tempore Manny M. Aragon, N.M.

president-electGov. Dirk Kempthorne, Idaho

vice chairSenate President Pro Tem John Chichester, Va.

vice presidentGov. Parris Glendening, Md.

executive committeeSen. Pres. Brady Adams, Ore. • Rep. David Adkins, Kan. •Assemblywoman Elaine White Alquist, Calif. • Rep. RamonaBarnes, Alaska • Rep. Gail Beam, N.M. • Sen. John O.Bennett, N.J. • Treas. Marshall Bennett, Miss. • Carl Bianchi,Director, Legislative Services, Idaho • Rep. Dan Blue, N.C. •Rep. Dan Bosley, Mass. • Michele Brown, Commissioner,Dept. of Environment Conservation, Alaska • Sen. DavidCain, Texas • Rep. Deborah Capano, Del. • Rep. CharlieCapps, Miss. • Gov. Mel Carnahan, Mo. • Rep. RobertClayton, Mo. • Rep. John Connors, Iowa • Sen. Jim Costa,Calif. • Rep. Paul Crowley, R.I. • Sen. Bob Cupp, Ohio • Rep.Bob Damron, Ky. • Speaker Jo Ann Davidson, Ohio • Gov.Howard Dean, Vt. • Sen. Bill Doyle, Vt. • Sen. Hugh Farley,N.Y. • Ed Ford, Deputy Secretary, Executive Cabinet, Ky. •Speaker Tim Ford, Miss. • Rep. Sally Fox, Vt. • John Gillig,Counsel to the Speaker, Ky. • Sen. Maryellen Goodwin, R.I. •Ellen Gordon, Administrator, Emergency Management Division,Iowa • Sen. Toni Nathaniel Harp, Conn. • Treas. DavidHeineman, Neb. • Sen. Douglas Henry, Tenn. • Lt. Gov. SteveHenry, Ky. • Assemblyman Lynn Hettrick, Nev. • Treas. JimHill, Ore. • Sen. Pres. Lyle Hillyard, Utah • Rep. Kip Holden,La. • Sen. John Hottinger, Minn. • Gov. Mike Huckabee, Ark. •Judge Bob Hunter, N.C. • Sen. Tim Jennings, N.M. • Sec. ofState Bill Jones, Calif. • Lilia Judson, Executive Director,Division of State Court Administration, Ind. • Gov. AngusKing Jr., Maine • Speaker Douglas Kristensen, Neb. • Sen. SueLandske, Ind. • Gov. Michael Leavitt, Utah • Rep. VictorLescovitz, Pa. • Rep. Paul Mannweiler, Ind. • Sen. Vice Pres.Pro Tem John J. Marchi, NY. • Sen. Kenneth McClintock, P.R.• Rep. Ed McKechnie, Kan. • Stan McKinney, Director, Div. ofEmergency Preparedness, S.C. • Chief Justice Robert A.Miller, S.D. • Senate Majority Leader Roger Moe, Minn. •William Montgomery, Director, Division of Research, LegislativeCouncil, Del. • Sec. of State Ralph Munro, Wash. • SpeakerThomas B. Murphy, Ga. • Sen. David Nething, N.D. • Rep.Marcus Oshiro, Hawaii • Gov. George Pataki, N.Y. • RonaldPenny, Director, Office of State Personnel, N.C. • SpeakerChuck Perricone, Mich. • Sen. Pres. Ray Powers, Colo. • VirgilPuskarich, Executive Director, Local Government Commission,Penn. • Mary Regel, Administrator, Division of InternationalDevelopment, Wis. • Heather Rein, Committee Administrator,Minn. • Speaker Jody Richards, Ky. • Gov. Pedro Rosselló,P.R. • Paula K. Roy, Executive Director, Health CareCommission, Del. • Gov. George H. Ryan, Ill. • Sen. JohnSandy, Idaho • Rep. Ray Short, Utah • Attorney General CarlaStovall, Kan. • Rep. Jessie Stratton, Conn. • Richard Thomas,Director, Real Property Management Group, N.Y. • Gov.Tommy G. Thompson, Wis. • Sen. Pres. Earl Ray Tomblin,W.Va. • Sen. Donne Trotter, Ill. • Ray Wahl, Juvenile CourtAdministrator, Utah • Lt. Gov. Olene Walker, Utah • GailWekenborg, Division of Information Services, Mo. • JeffWells, Counsel, Dept. of Labor and Employment, Colo. • Sen.Jeff Wentworth, Texas • Assemblyman Robert C. Wertz, N.Y.

STATE GOVERNMENT NEWS, ISSN 0039-0119, October 2000,Vol. 43, No. 9 — Published monthly with combined issues in June/Julyand Nov./Dec. by The Council of State Governments, 2760 Research ParkDrive, Lexington, KY 40511-8410. Opinions expressed in this magazinedo not necessarily reflect the policies of The Council of StateGovernments nor the views of the editorial staff. Readers’ comments arewelcome. Subscription rates — In the U.S., $39 per year. Otheraddresses, $45 per year, surface mail. Single issues are available at $6 percopy. POSTMASTER: Send address changes to State Government News,Sales Department, P.O. Box 11910, Lexington, KY 40578-1910.

Advertising — Black and white, two-color and full-color advertisingavailable. For complete circulation and advertising information, contactthe advertising department at (859) 244-8118. Mailing lists are availablefor rent upon approval of a sample mailing.

Copyright 2000 by The Council of State Governments. Periodicals postagepaid at Lexington, Ky., and at additional mailing offices.

council offices

Daniel M. Sprague, Executive Director

headquarters2760 Research Park Drive

P.O. Box 11910Lexington, KY 40578-1910

(859) 244-8000

washingtonJim Brown, General Counsel & Director

Hall of the States444 N. Capitol St., N.W., Suite 401

Washington, DC 20001(202) 624-5460

easternAlan V. Sokolow, Director

5 World Trade Center, Suite 9241New York, NY 10048

(212) 912-0128

midwesternMichael H. McCabe, Director

641 E. Butterfield Road, Suite 401Lombard, IL 60148

(630) 810-0210

southernColleen Cousineau, Director3355 Lenox Road, Suite 1050

Atlanta, GA 30326(404) 266-1271

westernKent Briggs, Director

121 Second Street, 4th FloorSan Francisco, CA 94105

(415) 974-6422Denver, CO: (303) 572-5454

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6 state government news october 2000

Puerto Rico Gov. Pedro Rosselló

he government cannot revoke the prescription licenseof California doctors who recommend marijuana formedicinal purposes under the state’s medical marijuanalaw, a federal judge has ruled. The Sept. 7 order by U.S.District Court Judge William Alsup came a month afterthe Department of Justice said it would resist the law,known as Proposition 215. The law allows seriously illpatients to grow and use marijuana for pain relief with adoctor’s recommendation. Similar initiatives have beenpassed in Alaska, Arizona, Hawaii, Maine, Nevada,Oregon and Washington.

n addition to electing theU.S. president, voters in 44states will decide the make-up of their state legislaturesNov. 7. Some 6,000 statelegislative seats are up forelection. Only Alabama,Louisiana, Maryland,Mississippi, New Jersey andVirginia are not electinglegislatures this year.

Party control of legisla-tive chambers is now fairlyevenly split. Democratscontrol both chambers in19 states; Republicanscontrol both in 18 states,and 12 legislatures are split.The Nebraska Unicameralis nonpartisan.

Changes of just ahandful of seats could tiltthe partisan balance in adozen states. These includethe houses in Indiana,

uerto Rico residents can vote in their first U.S.presidential election this Nov. 7 under a law signed byGov. Pedro Rosselló Sept. 10. The Legislature passed the

law after a U.S. District Courtruled Puerto Ricans have the

right to vote for the U.S.president. Puerto Ricoresidents have been U.S.citizens since 1917, buthave not been allowed tovote in presidentialelections. The island hasa nonvoting delegate in

Congress. Puerto Ricanswho live in U.S. states can

vote for president.The U.S. Justice

Department has appealedthe ruling, saying the Constitution provides only for statesto choose electors. The 23rd Amendment also allowsresidents of Washington, D.C., to vote for president.

First presidential election

Find the latest state news on CSG’s Web site — www.csg.org

Legislative races setin 44 states

Michigan, Minnesota andPennsylvania; the senates inArizona, Kentucky, Oregonand Wisconsin; and bothchambers in Missouri,South Carolina, Texas andWashington.

In addition, term limitstake effect for the first timein both houses in Arizona,Florida, Montana, Ohio andSouth Dakota and in theArkansas Senate and theMissouri House. Term limitswill cause the greatest turn-over in Florida and Ohio.

Party control of statelegislatures after theelection has nationalsignificance because 44legislatures will start toredraw congressional dis-tricts in 2001. Commissionsestablished for this purposeredistrict in six states.

II

Voters to pick 13 governorsoters in 11 states, American Samoa and Puerto Rico

will elect governors Nov. 7. Of the 13 races, seven incum-bents are seeking re-election in American Samoa, Indiana,New Hampshire, Utah, Vermont, Washington and WestVirginia.

Two Democratic incumbents, Delaware Gov. ThomasR. Carper and Missouri Gov. Mel Carnahan, are runningfor the U.S. Senate. Montana Gov. Marc Racicot, a Repub-lican, and North Carolina Gov. James B. Hunt Jr., aDemocrat, cannot seek re-election because their terms areup, and North Dakota Gov. Edward T. Schafer, a Republi-can, and Puerto Rico Gov. Pedro Rosselló, a Democrat,opted not to seek re-election.

American Samoa candidates are Gov. Tauese P.F. Sunia,Lutu Tenari S. Fuimaono, Lealaifuaneva Reid, UfileileiLaki Nomura and Rosalia Tisa Faámuli. Puerto Ricocandidates are Carlos Pesquera, Sila Calderon and RubenBerrios.

At press time, only Washington’s Sept. 19 gubernatorialprimary was left to be decided.

VV

State gubernatorial nominees (as of Sept. 12)State Democrat Republican Third Party

Del. Ruth Ann Minner John Burris*

Ind. Frank O’Bannon+ David M. McIntosh Andrew HorningMo. Bob Holden Jim Talent Richard A. Kline

Richard SmithJohn Swenson

Mont. Mark O’Keefe Judy Martz Stan JonesN.H. Jeanne Shaheen+ Gordon Humphrey

N.C. Mike Easley Richard VinrootN.D. Heidi Heitkamp John HoevenUtah Bill Orton Michael Leavitt+ Jeremy FriedbaumVt. Howard Dean+ Ruth Dwyer Anthony PollinaW.Va. Bob Wise Cecil Underwood+ Bob Meyers

* Burris defeated Bill Lee by 44 votes in the Sept. 9 primary.+incumbent

PP

Court clears medicalmarijuanaTT

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the council of state governments 7

issouri political parties have won a battle over thestate’s limit on campaign contributions. A federal appealscourt ruled September 11 that the state violated theparties’ First Amendment right to free speech by limitingwhat they can spend in campaigns. The 1994law had limited contributions by partycommittees to $11,175 in cash and an equalamount of in-kind support such as officespace. Although the U.S. SupremeCourt in January upheld Missouri’slimits on contributions by individu-als, the lower federal court foundthe rights of political parties wereweightier than those of individu-als. The court, 2-1, held that limitson a party’s spending are the same as limitson a candidate’s spending.

Fund limits voided

irst lady Hillary Rodham Clinton won the Democraticnomination for U.S. Senate in New York, defeatingorthopedic surgeon Mark McMahon, a political unknownwho financed his own campaign. She faces RepublicanU.S. Rep. Rick Lazio, who was unopposed in the GOPprimary.

In Alabama, businessman James Perkins was elected thefirst black mayor of Selma, site of the violent civil-rightsmarch across the Edmund Pettus Bridge that helped lead topassage of the Voting Rights Act of 1965. Perkins defeatedJoe Smitherman, a reformed segregationist first elected in1964.

And in Vermont, voters ousted five Republicans fromthe state Legislature over their support for the law grantinggay couples the right to form civil unions. Four Republi-cans and one Democrat who were targeted for defeatsurvived. In all, nine states and the District of Columbiaheld elections on Sept. 12, the last multistate-primary daybefore the general election Nov. 7.

Historic primariestake place

grouprepresentingabout 100 ofthe largestdrug compa-nies is goingto federalcourt tochallengeMaine’s price-controlprogram for prescriptiondrugs. The PharmaceuticalResearch and Manufactur-ers of America argues thatthe “Maine Rx Program,”the first of its kind in thenation, is unconstitutionalbecause it would illegallyregulate transactionsbetween manufacturersand out-of-state wholesalers.

The program, set tobegin in January 2001, isdesigned to provide low-cost prescription drugs for

Prescription-drugprogram challengedAA

FF

about325,000peoplewho arenot poorenough toqualifyforMedicaid

but who are not otherwisecovered by insurance, saidits sponsor, Democratic Sen.Chellie Pingree. The statewould use its position as abulk purchaser to obtainlower prices for drugs, but ifcosts have not been signifi-cantly cut by 2003, theLegislature would imposeprice controls on drugcompanies doing businessin Maine, she said. Morethan 20 other states areconsidering similar programs.

alifornia will usesurplus funds to expand itsstate scholarship program,called Cal-Grant. A newlaw signed Sept 11 byDemo-craticGov.GrayDaviscreatesthenation’sbiggeststatescholar-shipprogram. Starting next fall,California will pay collegetuition for all needystudents with at least a Caverage at public andprivate universities in thestate. The additional money

California expandsscholarships

is needed because this yearmore than 40 percent ofeligible students weredenied assistance. Theprogram is expected to aid

about 250,000 students at acost of $1.2 billion in 2006,according to the stateStudent Aid Commission.This year the state isspending $530 million on130,000 students.

MM

CC

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8 state government news october 2000

LL

irginia’s moment-of-silence law remained ineffect as the school yearbegan in September. OnAug. 31, U.S. District JudgeClaude Hilton refused arequest by the AmericanCivil Liberties Union tostop the practice pending aruling on whether it isconstitutional. The law

ississippi Gov. Ronnie Musgrove, a first-termDemocrat, has taken the unusual step of presentingbudget recommendations to the Joint Legislative BudgetCommittee. The Mississippi Constitution gives legislators

control over the budgetingprocess. The 14-memberbudget committee plannedto meet throughout Septem-ber to hear spendingrequests from state agencies.The entire Legislature willvote on the budget in 2001.

Former Republican Gov.Kirk Fordice used to present his written budget after theSeptember hearings. He would joke that he knew legisla-tors would throw it away. House Appropriations Chair-man Charlie Capps, a Democrat, said he would look atMusgrove’s budget.

Governor wantsbudget input

Silence not broken yet

ouisiana has agreed tosweeping changes in theway it runs its juvenileprisons, including steps toprotect young inmates fromabusive guards and prom-ises to provide medical,dental and mental-healthcare. The agreement waspart of a settlement ofseveral lawsuits against thestate, including one by theU.S. Department of Justicethat charged teen-ageinmates were beingdeprived of food, clothing

Louisiana reformsyouth prisons

and medical care and wereroutinely beaten by guards.

Under the agreement,Louisiana is prohibited fromplacing any more younginmates at privately operatedprisons such as the one atJena, run by WackenhutCorporation. Wackenhutabandoned the prison lastspring after investigatorsfound teen-age inmates hadbeen deprived of under-wear, sweaters, blanketsand food and a 17-year-oldboy had been mistreated.

his fall, 53 million children entered public and privateelementary and secondary schools, the highest enrollmentin U.S. history, said a report by the Department of Educa-tion. Over the next decade, the number of high-school

graduates is expected to in-crease by 10 percent

nationwide, with 20percent increases

expected in Arizona,California, Florida,Illinois, Nevadaand North Caro-lina. The reportcasts a new light onthe ability of states

to handle the influxof students. Some

classrooms have morethan 40 students, twice

what is considered ideal, and2.2 million teachers will be needed over the next decade tomeet the demand. The report attributed the growth — anincrease of 8 million students in 15 years — in part to theinflux of immigrant families.

Schools are overcrowded

he number of children with a parent in prison hasrisen by 60 percent in the past decade, the U.S. JusticeDepartment reported in August. Nearly 1.5 million U.S.children had a parent in prison in December 1999, com-pared to 936,000 in 1991. More than half of those inprison, or 721,500 inmates, were parents of a minor childin 1999. In state prisons, only 40 percent of incarceratedfathers and 60 percent of imprisoned mothers reportedweekly or more frequent contact with their minor childrenby telephone, mail or a visit. A majority of fathers andmothers reported having no visits with their children sincebeing locked up.

Parents in prison

MM

TT VV

TT

requires students to staysilent for one minute at thestart of each school day to“meditate, pray or engage inother silent activity.” Thejudge said he would rule onthe merits of the case later.The ACLU brought the suiton behalf of 10 studentsand their families whoobjected.

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the council of state governments 9

Minnesota Gov. JesseVentura

lthough a growing number of states have adopted“safe haven” laws to allow mothers to abandon unwantednewborns safely, some say mothers are not taking advan-tage of the legislation, according to news reports. TheCharlotte Observer reported Sept. 13 that no women havetaken advantage of SouthCarolina’s new law in itsfirst two months. After aSouth Carolina womanwas accused of buryingher newborn in a landfill,the law’s sponsor, Rep.Doug Smith, said womenwill keep abandoningbabies as long as they are unaware of the new option. Thelaw gives mothers amnesty from prosecution if they taketheir unwanted infants to a hospital.

Sweepstakes not a winnernotices and simulatedchecks, to make it clear thatrecipients don’t have topurchase anything to enterthe contest, and to keep alist of people who do notwant to receive its mailings.

States participating in thesettlement are Alabama,Alaska, California, Georgia,Hawaii, Idaho, Illinois,Louisiana, Mississippi,Montana, Nebraska,Nevada, New Hampshire,New Mexico, New York,North Dakota, Ohio,Oklahoma, South Carolina,South Dakota, Utah,Virginia, Washington andWyoming.

Safe haven unused

innesota Gov. Jesse Ventura said he planned to askthe 2001 Legislature to foot the entire bill for basic educa-

tion costs of public schools. Localdistricts now pay for 30 percent of thecost through local property taxes.Ventura said his plan would makelocal schools more accountable forthe funds they raise.

In a September interview with theStar Tribune, Ventura said taking K-12

education off the local propertytax is a priority. The governorsaid he wants to simplify the taxsystem, not reduce taxes. Thestate would have to raise $900

million a year to pay all the basic school costs.

Ventura wants tax revamp

PP

MM

ublishers ClearingHouse, which mails out“You are a winner” noticescontaining what look likechecks for large amounts ofcash, has agreed to pay $18million to 24 states and theDistrict of Columbia tosettle allegations that it useddeceptive promotions. Themoney will go to states toreimburse customers whospent at least $2,500 withPublishers Clearing Housebetween 1997 and 1999.

The settlement also callson the company, whichsells magazine subscrip-tions and collectibles bymail, to stop sending award

AA

ublic schools and colleges in New York will be barredfrom using students’ Social Security numbers as identifica-tion numbers starting next July. Although some of the state’sschools and colleges no longer use Social Security numbers,many still do, said the law’s sponsor, Republican state Sen.Hugh Farley, who is also a professor of business law at theState University of New York in Albany. Farley said hisstudents were “outraged” that a criminal who got theirSocial Security numbers could gain access to their bankaccounts, credit cards, health records and other privateinformation. The law will not take effect until July 1, 2001,giving schools and colleges that currently use Social Securitynumbers time to devise a new system for identifying students.

Students gain privacyprotectionPP

ix states includingPennsylvania will partici-pate in a pilot program thatreimburses schools andnonprofit organizationsthat serve dinners tochildren from low-incomefamilies. Money will beavailable to schools in

States to feed poor childrenwhich at least 50 percent ofstudents are eligible for freeand reduced-price breakfastand lunches. The stateDepartment of Education,which is administering theprogram, is taking applica-tions; no date has been setfor it to begin.

SS

bout one in fourcandidates for state officesin Arizona are takingadvantage of a new cam-paign-finance program thatallows them to choosebetween traditional fundraising and replacingprivate donations withpublic money. Fifty-fivecandidates were expected toapply for public fundingunder the Clean Elections

Candidates get fundingLaw, about half as many asparticipated in the first yearof a similar campaign-finance program in Maine.Money for the program,which so far has costArizona residents $6million, is raised fromsurcharges on traffic ticketsand criminal fines, andfrom residents who chooseto use a share of their taxesto support it.

AA

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10 state government news october 2000

information technologyinformation technology

he speedwith whichtechnology

and the Internet haveintegrated into manypeoples’ lives is with-out comparison. E-mail addresses are ex-changed in place oftelephone numbers,and major companiesdare not omit theirWeb-site addressesfrom advertisements.The Internet is be-coming the firstsource many peopleturn to for informa-tion, and businessesand governments arestriving to place asmuch information aspossible online.

While the Internetrepresents an effi-

cient and affordablemedium to distributeinformation to themasses, many legisla-tors are concernedthat some people willbe left out. The “digi-tal divide” is the gapbetween those withand without the ac-cess and the skills touse the Internet.

Who will be left onthe wrong side of thedigital divide? Thereis no simple demo-graphic to use whenillustrating the prob-lem. Governments inurban and economi-cally depressed areascan find the cost oftechnology difficultto prioritize comparedto other needs.

BY ANDY TEAGUEBY ANDY TEAGUE

_______________Andy Teague is chief information officer, Information

Technology, The Council of State Governments.

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the council of state governments 11

The cost of distributing the Internetto sparsely populated rural areas maybe prohibitive. Elderly people, espe-cially retirees, may not have had as

many opportunitiesto become proficientwith computers andthe Internet as manyyounger people have.People with disabili-ties must overcomebarriers to use anInternet designed forpeople without visualor motor-skill diffi-

culties. (See “A gap in Web access” inthis issue.) Overall, there are manypeople who may not be able to join thehigh-speed progress of technology.

Funds to fill the gap

Initiatives to bridge thedivide come at all levels.Schools and libraries can re-ceive substantially reducedrates on high-speed Inter-net access through theFederal CommunicationsCommission “E-Rate”program. The FCC collectsthe funds for this programfrom taxes on personal andbusiness telephone bills. Thefunds then are distributed toschools and libraries in annualgrants, determined through acomplex application process andbased on need. Need is determinedbased on the percentage of studentseligible for the school-lunch programin the school or library district or re-gion. In its third year of issuing grants,the program has only $2.25 billion todistribute and $4.7 billion worth ofrequests.

Private foundations also are address-ing the divide. The Bill and MelindaGates Foundation, formed by Micro-soft Corporation Chairman Bill Gatesand his wife, Melinda, provides grantsto public libraries in states deemedmost in need based on personal incomeand poverty levels. The grants provide

computers, software, Internet connec-tions and staff training to allow librar-ies to become community centers forlearning technology.

Each state faces unique challengesin addressing the digital divide. Be-cause demographics and peoples’needs vary greatly across the country,there is no blanket solution. Manystates have already begun to aggres-sively bring all residents up to “Inter-net speed.” Some states are starting witheducation programs in the schools, othersare building high-speed networks andothers are getting computers intopeoples’ homes.

Rural networks

North Dakota is constructing a ma-jor statewide network, linking hun-dreds of cities, schools, libraries anduniversities. “We need to get moretechnology into the K-12 schools tohelp our children get more computerliterate” said Curtis Wolfe, North Da-kota chief information officer.

Building a major network is just thebeginning of the solution. “It’s howyou use it that brings value to the com-

CSG resourcesFor more on access to high-

speed information services, see“Investing in a digital economy,”SGN August 2000 and “Univer-sal service?” SGN April 2000.

munity,” Wolfe said. The new networkwill be the catalyst for work-force de-velopment and education.

Washington has completed a net-work that connectsall public schools andcolleges to the Inter-net. Network featureswill help childrenwith disabilities par-ticipate in video con-ferences and helphigh-school studentsprepare for college-entrance exams.

Wyoming also is investing in an in-frastructure designed to seamlesslynetwork the entire state. South Dakotaturned to its corrections departmentto provide labor to help defray the cost

of installing a major statewide net-work. By building these networks,

rural states can bring educa-tional opportunities to resi-dents who would otherwisehave to drive long distancesto attend a university orcommunity college. Agricul-tural communities havelost population as youngerworkers pursue careersother than farming. Ruralareas may attract better jobs

with better salaries if theyproduce technically skilled

students.Teaching students the technical

skills they need to compete in a high-tech economy begins early. Many stateefforts toward closing the digital dividestart by focusing on the K-12 schools.

Starting early

Other states are taking on the issue

PennsylvaniaGov. TomRidge

Maine Gov.Angus King

continued on page 23

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12 state government news october 2000

As states offer government

services via the Internet, they

need to make sure people with

disabilities can access their

Web sites.

BY ED JANAIRO

he digital divide is not just one between those who “have” andthose who “have not.” There is also the growing gap betweenthose who “can” and those who “cannot.”

As more state agencies are starting to deliver public services overthe Internet, there is a growing concern that only residents who canafford the technology will be able to fully benefit and those lackingthe means will be left out. But even when computers are widely avail-able, a gulf will remain between those who can use them for accessto public services and those who cannot because of physical disability.

Barriers to access

The design of many government Web sites makes it difficult formany Americans with disabilities to benefit from public servicesover the Internet or e-government. This is particularly true for those

_______________Ed Janairo is a staff contributor for State Government

News.

information technologyinformation technology

A gap inWeb

access

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the council of state governments 13

with vision or hearing impairments.People with vision problems use soft-ware that reads aloud text on a Webpage. As Web technology becomesmore sophisticated and Internet con-nections faster, Web sites are convey-ing more information by using pic-tures, charts, maps, animation andvideo. Screen-reading software, how-ever, cannot translate these graphic im-ages. As a result, a user with impairedvision runs into a wall when trying touse these Web-based services.

“When blind people use the Internetand come across unfriendly sites, wearen’t surfing, we are crawling,” a userwas quoted in a recent New York Timesarticle. “It is like trying to use Netscapewith your monitor off and the mouseunplugged.”

Moreover, hearing-impaired peoplewill suffer as streaming audio is usedmore widely on government sites. Aspeople with disabilities ask for moreaccessible e-government services,states are revamping their Web sitesand adopting stringent guidelines toensure they reach out to as many con-stituents as possible.

Making services accessible

Connecticut’s ConneCT ManagementAdvisory Committee, for example,requires that state Web sites meet ac-cessibility standards set forth by an in-ternational body that helps establishInternet standards, the World WideWeb Consortium. Among other things,these standards demand that anagency’s Web site uses a consistent lay-out and navigation buttons on all itspages, avoids excessive pictures andgraphics and uses background and textcolors with sufficient contrast sopeople with color deficits can clearlysee the text. Also, a Web site shouldhave an alternative text-only site thatis easily translated by screen-readersoftware and any picture or graphicimage should have text describing thecontent of the image. To assist the hear-ing impaired, captioning of all audioand video clips can be accomplished

by closed-captioning or “CC” hyperlinks.Standards for techniques that en-

hance a Web-site’s accessibility can befound at the World Wide Web Consor-tium’s site. These standards set forththree priority categories for Web ac-cess. Priority 1 techniques addressWeb-page features that, if not used,then the Web page is considered “im-possible” for certain groups of peopleto access. If Priority 2 techniques arenot used, then the Web page is “diffi-cult” to access and if Priority 3 tech-niques are not used, then the page is“somewhat difficult” to access.

The Center for Applied Special Tech-nology, a nonprofit educational organi-zation that seeks to expand opportunitiesfor the disabled through the use of tech-nology, provides a free Web-basedservice that can analyze a Web-page’saccessibility. The analysis indicateswhere a site fails to meet the WorldWide Web Consortium’s standards foraccessibility. A recent review of stategovernment home pages using this ac-cessibility analyzer revealed that atleast 20 states do not yet meet the Pri-ority 1 requirements for accessibility,and nearly all fail to meet some Prior-ity 2 and Priority 3 requirements. Thusmost state Web sites are not easy to usefor those with disabilities. This easilyused Web-page analyzer, called “Bobby,”can be found at www.cast.org/bobby.

States can deliver public servicesmore expeditiously to their constitu-ents if they provide greater accessibil-ity to their Web sites. But states haveanother incentive to make their Websites meet accessibility standards.

A legal mandate

The landmark legislation, the Ameri-

Resources• The International Center for Disability Resources on the Internet

(http://icdri.org)• The Center for Applied Special Technology (www.cast.org)• World Wide Web Consortium Accessibility Standards (www.w3.org/TR/

WAI-WEBCONTENT)• The U.S. government’s Web site (www.disability.gov)

cans with Disabilities Act, which justreached its 10th anniversary, alsoapplies to online government services.At the time of the ADA’s enactment,the Internet as we know it today didnot exist and its applicability to e-government had been uncertain. Re-cently, the U.S. Department of Justicemade it clear the ADA relates to e-government services. The departmentissued a policy ruling that Title II ofthe Americans with Disabilities Actcovers government Web sites as pub-lic services and therefore requires stateand local governments to ensure effec-tive communication with individualswith disabilities over the Internet.

Notable civil suits pertaining toInternet services already have beenbrought under Title III of the ADA.This part of the ADA requires busi-nesses to make their public accommo-dations accessible to those with dis-abilities. These cases include a recentsuit against America Online, Inc.,charging that its proprietary browserand Internet Web site was inaccessibleto blind customers, and a case againstthe Bank of America that resulted inthe bank making its online bankingservices accessible to blind Internetusers. Similar suits could be broughtagainst the public sector under Title IIof the ADA.

Moreover, recent amendments toSection 508 of the Rehabilitation Actof 1973 require federal agencies tomake electronic-information technol-ogy accessible to those with disabili-ties. This requirement also applies tostates receiving federal funding underthe Assistive Technology Act of 1998.Section 508 also requires that coveredfederal and state agencies systemati-

continued on page 23

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14 state government news october 2000

n many states today, people havethe convenience of online vehicleregistrations, driver’s license re-

newals, hunting and fishing licenseapplications and simplified tax filing.As states rush to adopt such electronic-commerce applications, policy-mak-ers also need to pay attention to howthey collect and use this proprietary,personally identifying information.

Online privacy is not a simple task.Public officials must protect constitu-ents’ rights in regard to proprietaryinformation without impinging uponFreedom of Information safeguardsthat are unique to the public sector.Governments must strike the rightbalance between making public recordsavailable for proper use via theInternet without placing such infor-mation at risk for financial fraud,theft of reputation and theft of iden-tity.

The Internet has relied on self-regulation. Recent reports of informa-tion brokering by online companies,however, have heated up the debateover Internet privacy. At the AugustDemocratic convention in Los Ange-les, U.S. Rep. Jay Inslee of Washing-ton said, “The privacy of Americansis under siege.”

Amazon.com announced Aug. 31it considers its 23 million customers’personal information a business as-

As they collect and use

personal data on the

Internet, states have a

crucial role in raising

awareness and fostering

discussion about online

privacy.

BY HEATHER BAKONDY

set, which can be sold, licensed orshared.

Privacy has become the top con-cern of Internet users, and state gov-ernments’ efforts to control the useof proprietary information postedonline is coming under increasedscrutiny. A 2000 report from the Na-tional Electronic Commerce Coordi-nating Council, a multiassociationconsortium that focuses on informa-tion technology, found most politi-cians are not cognizant of the degreeof public concern nor are they awareof privacy’s increasing importance inthis online era.

Privacy vs. commerce

While online retailers maintainthat the collection of personal infor-mation allows for more efficient de-livery of personalized services, “theoverwhelming majority of Americanpeople are concerned about privacy,”said Mark Uncapher, vice presidentof the Information Technology As-sociation of America, an Arlington,Va.-based association of U.S. technol-ogy businesses. A 1999 BusinessWeek/Harris poll found that 57 per-cent of online consumers now favorthe passage of some type of law regu-lating the collection and use of per-sonal information.

States are now offering many ser-vices online that require users to di-vulge sensitive information. State of-ficials should bear in mind that the55 percent of Internet subscriberswho do not conduct online transac-tions have cited privacy and fraudconcerns as the greatest deterrent,according to the BusinessWeek poll.

Caution urged

Harriet Pearson, IBM’s director ofprivacy policy, said, “State legislatorsshould address Internet privacy firstin terms of their own state’s e-gov-ernment initiatives. State agenciesmust be responsive to citizens’ needsand expectations regarding data, i.e.,

_______________Heather Bakondy is policy and program

coordinator for the National Association ofState Telecommunications Directors, which is

a CSG affiliate.

information technologyinformation technology

Privacyon the

line

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the council of state governments 15

driver’s license data. It is everyone’sbest interest for state lawmakers toknow good housekeeping rules as theypertain to the Internet.”

Pearson also recommended thatstates show restraint in regulation ofthe Internet at-large. IBM recently un-veiled its Institute for Electronic Gov-ernment, which includes Webcasts ofdiscussions on Internet privacy andrecommendations that are available asan educational resource to governmentofficials and individuals (www.ieg.ibm.com).

State lawmakers are educatingthemselves on issues surrounding theInternet privacy debate. Pearson citedNew York’s Senate Majority TaskForce on the Invasion of Privacy as anoutstanding example. Not only did thetask force take an in-depth look at pri-vacy concerns, but it also released acomplex report in respect to all privacyissues, including Internet privacy. Leg-islators and others should follow inNew York’s footsteps and“tread carefully before makingdecisions,” Pearson said.

New York Senate MajorityLeader Joseph Bruno, a 14-year Senate veteran, led thetask force’s investigation onthe status of privacy protec-tion. Bruno spearheaded the1999 task force in response to“the explosion of technologyand the increased citizen ser-vices that have accompanied it.As these services have increased, pricesare being paid in terms of privacy,” saidhis spokesperson Mark Hansen.

The task force took testimony fromprivate-sector representatives with ex-pertise in Internet and other technolo-gies. The report yielded more than 50recommendations on improving the pri-vacy of personal proprietary information.

The report generated real change inNew York. “As a result of the report,the Senate passed 20 pieces of legisla-tion suggested by the task force, withfive signed into law,” Hansen said. Henoted that while “some people jokethat task force reports do nothing butsit around gathering dust, this report

worked to change state law to betterprivacy protection.”

States take action

New York is not the only state totarget privacy protection. In February,Washington legislators, supported bystate Attorney General Christine Gre-goire, introduced legislation to prohibitbusinesses from refusing service tocustomers unwilling to share personalinformation. The state Senate voted41-6 in support of the bill; however, theHouse later killed the bill in committee.

A law took effect in Texas that as ofJuly 1, the home page of all state Websites and any new or changed key publicentry points must post privacy policies.Each page must detail implementationof security and privacy safeguards suchas Secure-Socket-Layer technology toencrypt personal information, includ-ing names, Social Security numbers,

transaction payment informa-tion and identification codesand passwords. These policiesaddress the use of server logsand/or cookies for informationcollection. A cookie is a smalltext file containing unique in-formation that allows Websites to track such things aspasswords, lists of pages vis-ited, and the data when a spe-cific page was last accessed.Often used in commercial Web

sites to identify the items selected fora specific shopping-cart application,cookies recognize repeat visitors andenable Web sites to store information onthe user’s computer for later reference.

States’ reaction to privacy concernshas been considerable this year. Ac-cording to the Internet Alliance, aWashington, D.C. association dedi-cated to promoting Internet services,state legislatures this year consideredmore than 110 privacy and children’sprivacy bills. Some experts caution,however, that policy-makers may bejumping the gun. “The Internet is avery vibrant place, but laws have ef-fects we don’t intend,” said Sydney

Rubin, a spokeswoman for the OnlinePrivacy Alliance. “It doesn’t mean younever legislate, but you legislate withtremendous care, particularly whenyou’re dealing with mediums as impor-tant to the economy as the Internet.”

As seen in federal attempts, regulat-ing privacy can be burdensome andcomplex for states and businesses. InMay, Democratic U.S. Sens. Jay Rocke-feller of West Virginia and Fritz Hol-lings of South Carolina introduced abill that would require consumers to“opt in” before companies could seekpersonal-identification information.Rockefeller said, “The right informationand the ability to withhold consent willallow consumers to choose a level ofprivacy that makes them comfortable.”

Also in May, the Federal Trade Com-mission issued a 159-page financialservices privacy rule governing thesharing of Web sites’ customer finan-cial information with other companies.This action was in response to insuffi-cient efforts by financial firms in pro-tecting their customers’ personallyidentifying information.

Minnesota Attorney General MikeHatch also took notice of financialfirms’ laxity in protecting consumers’identifying information. Last year,Hatch sued U.S. Bancorp, chargingthat the firm shared identifying infor-mation with a telemarketing firm fora $4 million fee. U.S. Bancorp settledthe case and agreed to change its prac-tices. California, New York, Washing-ton and Vermont, along with 16 otherstates, began their own investigationsinto privacy abuses as a result ofHatch’s lawsuit. Through the investi-gations of possible infractions, statescan learn to best prevent privacy in-fringements in their own electronic-government systems.

Looking forward

As state leaders become aware ofconcerns over Internet privacy, a smartchoice is to thoroughly examine theissue before legislating. In August,Florida Gov. Jeb Bush took such a cau-

continued on page 23

New YorkSenateMajorityLeader JosephBruno

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16 state government news october 2000

wo women in Kansas receivedharassing phone calls and wereshadowed by a stalker. Both re-

cently had visited a hospital emergencyroom. The shocker came when theydiscovered the culprit was their emer-gency room physician.

Dr. Bernard Megaffin was chargedwith stalking and telephone harass-ment of two women he had treated atVia Christi Regional Medical Center-St. Joseph Campus emergency room inKansas. What the victims did notknow was that when Megaffin appliedfor a Kansas medical license, he hadlost his Ohio medical license becausehe was charged with a felony sex crime.

At the time of the crimes, Ohio listeddisciplinary actions against physicianson the Internet while Kansas did not.The question arises: If information onphysicians were publicly available inan easily accessible format, such asthrough the Internet, would it make adifference?

To give patients more informationon their doctors, 10 states have passedlegislation requiring physician profiles,which contain information on a phy-sician’s education, malpractice, disci-

Many states are using

the Internet to let

patients check on

disciplinary actions

and other information

about health-care

providers that was

once difficult to

obtain.

BY MICHELE BUSHONG

plinary history and other backgroundinformation. The profiles are availablein public documents, often on the Inter-net. Another seven states have legisla-tion pending as of August. In addition,medical boards in 14 other states makephysician information available on theInternet without legislation.

“There has been growing interest onthe part of the public for informationon their physicians, and profiles are anatural outgrowth of this,” said DaleAustin, deputy executive vice presi-dent and chief executive officer of theFederation of State Medical Boards,which is an association for state medi-cal boards. Information technologynow makes dissemination of this in-formation much easier than in the past.

Such information has long beenunavailable to the public or was diffi-cult and time-consuming to obtain. Forexample, a federally funded nationaldata bank that compiles malpracticeand hospital disciplinary action ondoctors and licensed practitioners isopen only to state and federal govern-ment agencies, hospitals and a fewother select groups.

_______________Michele Bushong is a health policy research

associate with CSG’s Center forLeadership, Innovation and Policy.

information technologyinformation technology

Checking upon yourdoctor

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the council of state governments 17

Two states’ initiatives

Massachusetts in 1996 was the firststate to enact legislation requiring phy-sician profiles and in 1997 placed pro-files on the Internet. The MassachusettsBoard of Registration in Medicine mustcomplete a profile for each Mas-sachusetts licensed physician.Nancy Achin Sullivan, execu-tive director of the board, saidthat the physician profiles area success. She estimates by theend of this year the Web sitewith the profiles will have 3million ‘hits’ or visits.

Other states may go beyondrequiring public informationon physicians. Awaiting thegovernor’s signature in NewYork is S.B. 8127-A, spon-sored by Sen. Kemp Hannon. The billrequires information on varioushealth-care providers, including phy-sicians, hospitals and health-care planquality assurance data.

The bill calls for patient access toInternet sites about most health-careproviders. Jane Preston, executive di-rector of the New York Senate Health

Committee, said, “Any system that isgoing to provide patients with accessto health information must acknowl-edge this interconnectedness [amongall health care entities].”

The bill also would close regulatoryand enforcement loopholesthat had led to poor patientcare.

New York Rep. RichardGottfried said he sponsored asimilar bill in the Assemblybecause “consumers should beable to obtain as much infor-mation as possible about aphysician before they puttheir lives in that doctor’shands.”

If the governor signs theSenate bill, New Yorkers willhave access to the govern-ment’s extensive information on phy-sicians, including criminal records,malpractice history and loss of hospi-tal privileges.

The bill also creates a patient-safetycenter within the Health Departmentto evaluate data and to review bestpractices in an effort to improve qual-ity of care and patient safety.

“After much thoughtfulanalysis and deliberate nego-tiation, this bill represents abalanced approach to improv-ing the access to health infor-mation and improving thequality of health-care deliveryto patients,” Hannon said.

Context and costs

As with any new legisla-tion, there are concerns asso-ciated with physician profil-

ing. The most controversial topic per-tains to releasing malpractice data.Doctors caution that information thatis made public should be placed in con-text so consumers understand what itmeans.

Dr. Thomas Reardon, past presidentof the American Medical Associationand AMA Board of Trustees member,opposes making raw data available to

patients, especially related to malprac-tice. He said he supports patients havingaccess to good, reliable information tobetter choose their health-care providers.

The Massachusetts Medical Societysupported the profiling legislation,

which enables patients to in-terpret physician malpracticedata in a helpful, instructivemanner without unfairly pe-nalizing some physicians. Theprofiles report malpracticepayments in relation to simi-lar awards against other phy-sicians in the same specialtyso that it benefits the consum-er and is fair to the doctor. Forinstance, awards against anobstetrician are in context ofmalpractice payments byother obstetricians, who typi-

cally treat higher-risk patients than dopediatricians.

The New York bill will disclosemedical malpractice information in aprofile if a physician has three or moresettlements. The commissioner of healthwill have the discretionary authorityto disclose malpractice informationthat indicates egregious problems.

The Federation of State MedicalBoards formed a committee to providerecommendations to state policy-makers.The committee wrestled with the rec-ommendation to include malpracticeinformation in physician profiles.Medical boards maintain that malprac-tice judgments have few implicationsfor disciplinary actions. Disciplinaryaction by a state medical board and amalpractice judgment do not carry thesame weight. “Malpractice informa-tion is subject to a variety of interpre-tations but the public wants to knowit,” Austin said. The committee recom-mended that profiles contain contex-tual information.

The committee emphasized that ittakes resources to do a high-quality jobof putting together physician profiles.Austin said funding is necessary forsuch a resource-intensive undertaking.Medical boards already are resource-starved and profile initiatives will hurt

New York Sen.Kemp Hannon

New YorkAssemblymanRichardGottfried

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18 state government news october 2000

State physician profiling informationBoard initiative Medical License Criminal Malpractice Disciplinary

State or statute education information convictions information actionsAlabama Board initiative Yes Yes No With written Yes

consent fromlicensee

Arizona Board initiative, Yes Yes Adding Adding YesStatute (1999)*

California Statute (1997) Yes Yes No Yes Only if licenseis revoked orterminated

Colorado Board initiative No Yes No No YesConnecticut Statute (1999) Yes Yes Yes Yes YesFlorida Statute (1997) Yes Yes Yes > $5,000 YesGeorgia Board initiative No Yes No No YesHawaii Pending — — — — —Idaho Statute (1998) Yes Yes Yes Yes YesIllinois Pending — — — — —Iowa Board initiative Yes Yes No No YesKansas Board initiative Yes Yes No No YesMaine Board initiative Yes Yes No No YesMaryland Board initiative, Yes Yes No No Yes

Statute (1999)*Massachusetts Statute (1996) Yes Yes Yes Yes YesMichigan Board initiative No Yes No No YesMinnesota Board initiative Yes Yes No No YesNew Jersey Pending No Yes No No YesNew York Pending**, — — — — —

Board initiative*North Carolina Board initiative Yes Yes No No YesOhio Pending, Yes Yes No No Yes

Board initiativeOklahoma Pending, No Yes No No Yes(Osteopath) Board initiative

Oregon Board initiative Yes Yes No No NoPennsylvania Pending — — — — —Rhode Island Statute (1997) Yes Yes Yes Yes YesTennessee Statute (1998) Yes Yes Yes Yes YesTexas Statute (1999) Yes Yes adding adding YesVermont Board initiative Not listed Yes No No Yes

on allprofiles

Virginia Statute (1998) Yes Yes No Yes YesSources: Federation of State Medical Boards, Administrators in Medicine — www.docboard.org, State Medical Boardhomepages* Profile data specified in the statute may require different or additional data than that provided by the board.** Passed the House and Senate, awaiting the governor’s signature.

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the council of state governments 19

existing operations unless additionalfunds are provided, he said.

Funding practices vary among thestates. In a state without authorizinglegislation, the Ohio State Medical Boardreceives state funding through licens-ing fees to implement its program.Ohio provides physician backgroundinformation to the public through thestate Web site. Thomas Dilling, of theOhio State Medical Board, said that theprofiles provide consumers with basicand relevant public information, in-cluding updated board actions againstphysicians.

Legislation pending in Illinois onphysician profiling, H.B. 4075, doesnot provide funding. Tony Sanders, ofthe Illinois Department of ProfessionalRegulation, said, “If a profiling bill doespass, certainly the Department of Pro-fessional Regulation would requestfunding to implement the law.”

Even though not required by law, thedepartment updated its Web site in

August to allow people to check on dis-ciplinary actions taken against licensedprofessionals, including doctors, nurses,chiropractors, dentists and other li-censed professionals and businesses.The department began offering thepublic access last year to other licen-sure information.

The Massachusetts Legislature didnot provide funding for physician pro-filing, leaving the board to rely on itsown resources.

Other concerns

Other concerns surface as infor-mation once private becomes public.Massachusetts offers some examples.Although some people speculated thatpeer reporting of physician misconductwould decrease as this informationbecame public, Massachusetts insteadhas seen an increase in disciplinaryactions. Moreover, although doctorswere concerned about being targets of

frivolous lawsuits, Massachusetts hasseen no change in the nature of itsmalpractice suits since the law passed.Some people thought that doctorswould leave the area, but Sullivan saidthis is not happening. She said that pro-filing may prevent incompetent doc-tors from applying for a Massachusettsmedical license.

In New York, the State Medical So-ciety objected to including informationin profiles of physicians who weredropped from health maintenance or-ganizations. The State Medical Societyargued that HMOs could use this as aweapon against doctors who advocatedfor their patients’ care. As a result, theSenate bill dropped this requirement.

There is a great value in profilingbeing a collaborative, cooperative ef-fort. State medical boards, legislaturesand medical societies can work to-gether to bring everyone to the table.“This results in a better product whichserves everyone well,” Austin said.

the council of state governments 19

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20 state government news october 2000

information technology

States giveeasy access

information technology

hey’re the Internet start-upsfew people talk about: govern-ment portals — Web sites with

little glamour, but ones that will likelytransform the way citizens interactwith local, state and federal agencies.

Over the last few years, state em-ployees and Internet application firmshave redesigned the online faces of manystates, transforming dot-govs that wereonce bureaucratic mazes into dynamicWeb portals resembling Yahoo! and Ex-cite. The electronic makeover allowscitizens and businesses to more easilyaccess services and information. It’sthe new friendlier face of government.

In August, North Carolina’s newNC@Your Service made its debut. Itjoins the ranks of at least 20 other stateWeb sites organized as portals, witheight more expected this year. One ofthe most state-of-the-art in concept, theNorth Carolina site was designed inconjunction with Yahoo! With just afew key strokes, citizens can personal-ize the site as a “mygov,” accessinghealth and employment benefits, theweather and local school closings, anytime of day or night.

“Too often in government we orga-nize the Web like a phone book, butcitizens don’t think like that,” saidRick Webb, North Carolina’s chief in-formation officer. The new portal isorganized by service rather than bygovernment structure, he said.

Although North Carolina’s approachis new, the move of government to the

Web portals give

people one-stop

Internet access to

multiple state

government services.

BY POLLY FORSTER

Internet is not. State governments havebeen leaping into cyberspace for nearlya decade. Like banks, which report costsavings of up to 90 percent with onlinebanking, states may reap significanteconomic benefits. IBM’s Institute forElectronic Government estimates thatthey can cut some costs up to 70 per-cent by moving services online.

In Pennsylvania, the Department ofRevenue saved $2 million last yearthrough online tax filing, while theprocessing time plummeted from 38days to 18. In Alaska, registering a ve-hicle used to cost the state $7.75 toprocess; now it costs 91 cents.

Despite the cost-cutting potential,citizens so far have not seen any ofthese savings. Sometimes they evenhave to pay more. Many state portalscharge citizens a transaction fee forcertain services, making them pay anominal amount for the convenienceof not having to wait in line at a gov-ernment agency where the service isfree. In Indiana, for example, citizensare charged 50 cents for renewing alicense plate or registering a vehicle.

_______________Polly Forster is assistant staff writer,

Stateline.org. This article appeared onwww.stateline.org, Aug. 30. continued on page 22

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the council of state governments 21

information technologyinformation technology

Preserving thepublic trust

lectronic commerce is expectedto grow to more than $1.5 tril-lion over the next five years. Walk

through any airport or catch a half-hour of television commercials and youare struck by the overwhelming message:All businesses are e-businesses. A busi-ness without an Internet strategy iswithout a future. Companies offeringintegrated Internet solutions for e-busi-ness have fueled this conventional wis-dom.

As the Internet economy expands,state and local governments are har-nessing the power of the Internet tobetter serve individuals and busi-nesses. E-business companies and thedot.com crowd smell huge profits in thegovernment market.

Electronic government, however, isnot e-business. The success of onlinegovernment services depends on policyand implementation and an under-standing of the relationship betweenpeople and government. E-governmentis not about technology, but aboutrelationships.

Since 1991, the National InformationConsortium has built partnerships

with state and local governments tohelp them achieve their vision for elec-tronic government. These partnershipsinclude government portals that offercitizens and businesses a single pointof access to information and servicesover the Internet. We have identifiedfive core reasons why e-governmentimplementations can sometimes failand why the public trust is not just agoal, but a mandate.

1. Government leaders are electedby their principal “customers.”

If an e-commerce transaction fails tomeet expectations, the online customermay return to the standard storefrontor opt for a new dot.com experience.When e-government fails, people canlose faith quickly in state leadership.E-government requires a businessmodel with true accountability.

2. Revenues and profits are notthe same.

Most of NIC’s state partners choosea self-funding transaction-based modelthat involves no up-front fees or tax-payer dollars. These states have an im-mediate return on their Internet in-vestment and can point to millions ofdollars in revenues. However, increas-ing state revenue is not the same asincreasing state profits. The state is thetrustee of the people’s money. Increas-ing state revenues for value-addedservices is the right goal only when ex-penditures are consistent with publicpolicy and promises. According to a

A business executive

gives reasons why

e-government is not

e-business.

BY JIM DODD

_______________Jim Dodd is president and CEO ofNational Information Consortium or NIC,the world’s largest e-government solutionsprovider. NIC has more than 100 state andlocal e-government partners.continued on page 22

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22 state government news october 2000

“We get the occasional customerwho asks: ‘Why are you charging me atax?’ We point out that 99 percent ofthe information is free, but if they don’twant to pay for the 1 percent, they canstill walk into a branch of the DMV(Department of Motor Vehicles),” saidRobert Knapp, the director of market-ing at Access Indiana.

When Indiana’s portal generatessavings, the money is split with thesite’s private-sector partner, the Kansas-based National Information Consortium,a provider of e-government services.Other states — Arkansas, Georgia,Hawaii, Idaho, Iowa, Kansas, Maine,Nebraska, Tennessee, Utah and Virginia— have also outsourced their Web sitedevelopment to NIC, using “conve-nience fees” to pay development costs.

Texas uses the same method to payback its private-sector partner, KPMGConsulting, as does Wyoming to repayAndersen Consulting.

Some states are looking for a differ-

ent way to offset development costs.At least three — Rhode Island, Massa-chusetts and Michigan — are ponderingselling ad space on their sites. The in-centive is strong: advertising on the Webis expected to grow from $4.3 billionlast year to $28 billion by 2005, accordingto a report by Jupiter Communications.

Not everybody is gung-ho about ad-vertising. Some people fear that hav-ing ads on state Web sites could leadto conflicts of interest, especially whenstates award contracts to businesses.

To avoid the potential pitfalls of ad-vertising and transaction fees, Pennsyl-vania and North Carolina are forginga no-cost partnership with a privatetechnology company. Alaska developedits Web site itself.

“We feel that with online servicesdriving the cost of government down,citizens shouldn’t have to pay a pre-mium for government services,” saidGeorge White, who manages Pennsyl-vania’s Power Port, to be launched thisfall.

The power behind Pennsylvania’sport is Microsoft. The company “hasdedicated $100,000 worth of consult-ing services as a gratuitous service tothe commonwealth,” White said.

While he and other Pennsylvania of-ficials are grateful for the donation, thedeal has its skeptics. They say the part-nership represents a potentially lucra-tive arrangement for Microsoft. Severallinks on the portal site direct visitorsto Microsoft services such as an e-mailaccount with msn.com.

It is the bigger picture that worriesWayne Kessler, a fellow of The Com-monwealth Foundation, a nonpartisanpublic policy think tank based in Pennsyl-vania, and owner of a Web developmentcompany. He believes the partnershipcould offer Microsoft an unfair advan-tage when competing for state contracts.

“The state is positioning itself tomarket Microsoft to local government,”Kessler said. “That’s over 25,000 enti-ties — that’s a decent plum.”

States give easy accesscontinued from page 20

study commissioned by NIC and con-ducted by the Momentum ResearchGroup, 71 percent of individuals and61 percent of businesses favor fundinge-government through conveniencefees rather than taxpayer dollars.

3. Taxes are not books.When Amazon.com sends you an e-

mail recommending a book based onyour last purchase, it is called customerservice. When your state governmentsends you an e-mail informing you thatyour property value has increased andyou will have to pay an extra tax, it’scalled an invasion of privacy. Personal-ization is critical to the next wave of e-government, but blindly implementingtechnology to enable personalizationwithout developing sound policy rulesviolates the public trust. E-governmentrequires a “stewardship model” thatguarantees all public data remains inthe control of the government, and

Preserving the public trustcontinued from page 21 decisions about fair use of that data

should be determined by an oversightboard created for that purpose.

4. Public policy governs pricing.Convenience fees for online services

should be set in partnership with stateand local government with politicaland social realities in mind. The typi-cal NIC partnership requires that a gov-erning board set fees charged by eachportal.

5. Government must meet the needsof all residents and businesses.

Some e-business consultants wantonly revenue-producing applications.But elected officials must serve allagencies and residents and deliver ser-vices with equity and efficiency. Onaverage, 95 percent of all NIC portalservices are free and the rest carry aconvenience fee. Good governmentseeks to make all services availableonline.

E-government promises to improvethe relationships between people andgovernment and increase public satis-faction with civic leaders. Ultimately,the adoption of e-government solutionswill help create a more responsive andpersonal government that promises tostrengthen democratic institutionsworldwide and streamline business-to-government transactions and processes.E-government will have profound so-cietal implications and have a dramaticand positive impact on our culture andour communities. It will also enablepublic policy-makers to take a broaderperspective and make public servicesmore accessible and responsive to all.

However, if e-government is to growand succeed, state and local govern-ments must challenge private industryto recognize that e-business principlesare only as relevant as good publicpolicy. After all, partnerships are builton trust.

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the council of state governments 23

continued from page 11

from the inside out. Maine Gov. AngusKing this year proposed a plan to dis-tribute notebook computers to everyseventh grader in the state. King sug-gested students would have Internetaccess through the school library, andwould be able to dial in from home.The governor and legislative leadersappointed a commission in August torecommend how the state will spend$50 million set aside for school tech-nology. King suggested the commissionlook into buying a new type of portablecomputer terminals that would give

Bridging the digital dividestudents access to the Internet understrict state controls.

Pennsylvania recently sponsored the“Tax-free PC” week. During one weekin August, Pennsylvania residentswere able to purchase a personal com-puter for home use with the incentivethat retailers would not charge anysales tax on the computer. August waspicked to target parents who wereshopping for school supplies.

As these examples show, states areconsidering a range of programs to makesure the new Internet economy doesnot leave their residents behind.

continued from page 13

cally address the accessibility of theirWeb sites. Typically, agencies ad-dressed accessibility on an “as needed”basis, but such an approach inevitablyfailed to remove all barriers to access-ing public services. Now, agencies musthave a comprehensive plan for meet-ing accessibility needs.

Having government Web sites meetaccessibility standards will help bringonline government services to the es-timated 54 million Americans with dis-abilities. With implementation of thesestandards, however, more can be doneto narrow the general digital divide.Additional benefits will accrue as wellfor nondisabled Americans from acces-sible Web sites.

Screen-reading software that audiblytranslates the content of a Web page willgive governmental access to peoplewho are illiterate. People who have in-expensive, low-tech or older computersand systems with slow Internet con-nection speeds will be able to readilyobtain information from Web sitesaccessible to the disabled. Relevantinformation that is available in a textformat can travel easily over commonphone lines and be processed by olderand slower hardware. Moreover, text-based information is accessible by in-creasingly popular portable digitalphones with Internet access.

As e-government Web sites meetaccessibility standards, government ser-vices will be brought to more Americans,disabled or not, and communities willbenefit from the fuller participation oftheir residents. Everyone wins, saidCynthia Waddell, ADA complianceofficer for San Jose, Calif. and leadingnational advocate for Internet accessi-bility. She said, “By embracing our in-dividual differences, the collectivecommunity receives greater benefitsthan that achieved through the seg-regation and isolation of people withdisabilities.”

A gap in Webaccess

continued from page 15

tious step in appointing a Task Forceon Privacy and Technology to be ledby the state’s chief technology officer,Roy Cales. This task force will exam-ine best practices in working to pro-tect proprietary information constitu-ents submit to the state online.

In researching the privacy issue,policy-makers must consider constitu-ents’ values and interests in maintainingcontrol of their personal information.The Direct Marketing Associationmaintains that online retailers can bet-ter target customer needs via the ac-quisition and manipulation of personaldata. Of course, increasing collections

Privacy principles• Access — Individuals should

have access to their own data toknow what has been collected andto ensure its accuracy.

• Choice — Individuals should begiven a choice whether or not to pro-vide their personal information, sub-ject to law.

• Data Integrity — Individualsshould have reasonable assurancethat their information was enteredcorrectly and has not been corrupted.

• Notice — Individuals should benotified when their information isbeing collected and informed abouthow it will be used.

Privacy on the lineof personal data heightens the oppor-tunities for fraudulent activity. On theother hand, limiting the amount ortype of personal information collectedcan reduce the number of servicesavailable online while lowering the ef-ficiency of e-government tools.

E-government models are just startingto develop and will continue to evolve.As they do, networks will increasinglybe relied upon to enhance productivityand improve services to constituents.Policy-makers must weigh carefully theimplications of information policy forprivacy, confidentiality, security andefficiency as part of their state’s e-government agendas.

• Transfer — Individuals should benotified and given a choice if theirpersonal information will be trans-ferred to another organization thanthe one that originally collected it,or whether the information will beused for a difference purpose thanthat for which it was collected.

• Security — Individuals shouldhave reasonable assurance that theirinformation is secure and protectedfrom outside attack or unauthorizedalteration.

Source: “Privacy — Building the PublicTrust,” National Governors’ Association,Issue Brief, June 20, 2000, www.nga.com.

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24 state government news october 2000

s water levels dropped to near-record lows in parts of theGreat Lakes this summer,

people around the region were re-minded of just how vast and vital thefreshwater system is both as a naturaland economic resource.

Numerous groups have been af-fected by changes in the lakes, from theshipping companies that had to adjustcargo amounts to the pleasure boaterswho saw their launching docks andpiers become unusable.

Since 1997, water levels have plung-ed by as much as 5 feet in some GreatLakes. While that number may notseem significant, for a freshwater sys-tem that holds 6 quadrillion gallons ofwater, the loss amounts to about 63trillion gallons of water — enough tocover the continental United States bymore than an inch.

Threat of exported water

Shifting water levels are natural andhave been occurring for thousands ofyears. However, experts believe thetroubles caused this year could providean important lesson to policy-makersas they make crucial decisions aboutthe Great Lakes’ future.

Policy-makers in

Great Lakes states are

considering how to

better protect the lakes

from threats of water

exports, development

and environmental

contaminants.

BY TIM ANDERSON

“Lake levels naturally fluctuate,largely as a function of precipitationpatterns and climate,” said MichaelDonahue, executive director of theGreat Lakes Commission, a binationalagency that represents the interests ofthe eight Great Lakes states and twoCanadian provinces. “We just happento be in a down cycle right now wherewe’re edging closer to the all-time lowsthat we experienced in the 1930s.

“The low levels, though, emphasizethe importance of opposing any typesof water diversion or withdrawal thatcould measurably affect lake levels.Once you create a reliance on waterdiversion or exportation, it would beliterally impossible to get that activityto cease when lake levels are low.”

The shipping and marina problemscaused by naturally low levels of wa-ter would be compounded — andmaybe economically devastating — ifGreat Lakes’ water is diverted to otherparts of the world in future years.

For that reason, limiting the exportof Great Lakes’ water is considered oneof the most critical issues that state law-makers in the United States and pro-vincial leaders in Canada must resolve.

“The pressures for water diversionand export are going to increase,”

_______________Tim Anderson is publications managerwith The Council of State Governments’

Midwestern office.

The Great Lakes hold 20 percent of the world’s supply of fresh water.

environmentenvironment

Guardingthe Great

Lakes

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the council of state governments 25

Donahue said. “When you look at theGreat Lakes, you’re talking about 20percent of the world’s supply of freshsurface water. There have been tensof billions of dollars pumped into thelakes to improve water quality, and wehave this tremendous reservoir of high-quality water that I firmly believe willbe the subject of diversion or exportplans.

“The argument we’re making is thateven though the Great Lakes have alarge quantity of water, it’s an inten-sively used resource, and any diversionor export would leave the Great Lakes’region vulnerable to losing its mostvital natural asset.”

The issue came to a head a few yearsago when the province of Ontario is-sued a permit allowing a company towithdraw and sell Lake Superior wateroverseas. Great Lakes’ governors foundthemselves in the unenviable positionof being concerned about how such aplan would affect their states’ mostvaluable natural resource, but power-less to do anything about it.

The permit was later revoked, butthe incident has intensified efforts onboth sides of the border to develop abinding agreement. Governors in theregion currently can veto one another’swater diversion plans, and they wouldlike the current Great Lakes Charteramended so that Canadian premiers inOntario and Quebec are included inthe pact.

The eight-state Great Lakes Com-mission recently added Ontario andQuebec as associate members, a movethat demonstrates the importance ofcloser state-provincial relations, saidMinnesota Sen. Cal Larson, a Repub-lican from Fergus Falls.

“We’ve been dialoguing with theprovincial folks for a number of years,but they’ve always been observers;now we’ve formalized the relation-ship,” said Larson, a member of thecommission, who has led efforts toguarantee funding for construction ofa new Soo Lock in Sault Ste. Marie,Mich.

An outright ban on exporting water

could violate international trade laws,so government leaders have been devel-oping a plan that is both “scientificallysound” and “legally defensible,”Donahue said.

In June, Michigan Republican Gov.John Engler announced a plan he be-lieves will be agreed upon by premiersand governors that would allow aGreat Lakes’ withdrawal only if theexportation provides an improvementto the waters and water-dependentnatural resources. Engler said, “Waterprojects will be approved only if theydo more good than harm.”

Antipollution efforts

While water diversion lends itself toregional cooperation, environmentalinitiatives are often spearheaded on astate-by-state — or even community-by-community — basis.

“It’s much more easy for someoneto identify with a stream or local water-shed than the entire Great Lakes,”Donahue said.

Michigan Rep. William Callahanfirst ran for a seat in the Legislatureafter, as mayor of the city of St. ClairShores, he became concerned aboute-coli ratings shutting down localbeaches. He has since become a lead-ing advocate for water quality in hisstate.

His and others’ attempts to keep theGreat Lakes clean are increasingly con-centrating on nonpoint-source pollu-tion, contaminants that make theirway into waterways through agricul-tural and urban runoff.

One way to curb the amount ofnonpoint-source pollution is to stopurban sprawl, which often eliminatesimportant green space, the Democratsaid.

“Sprawl brings with it a lot of prob-lems,” said Callahan, a member of theGreat Lakes Commission. “Numberone, you’re clearing off a natural bio-system that has the ability to removemetals from groundwater and soil. Inits place, we’re bringing in imperviousstreets and roads and driveways. Plus,

you’re putting more of a demand onthe existing infrastructure. Right now,in Michigan, we’re losing 10 acres perhour of open space to development.”

Donahue said: “Attempts to revital-ize urban areas and clean up brown-fields are much more environmentallyfriendly approaches than simply chew-ing up our open space anytime addi-tional development needs to occur.”

The focus on nonpoint-source pol-lution also will likely impact farmers,who may be asked to better controlcontaminants from fertilizers and pes-ticides that make their way intostreams, rivers and, eventually, theGreat Lakes.

Another area of environmental con-cern has been the buildup of develop-ment along the coasts, one of the mostfragile, vital areas of the Great Lakes’region. States have tried to preservelakeshores through various conserva-tion programs.

In Ohio, for example, the state haspartnered with the federal governmentto conserve 67,000 acres of stream cor-ridors in northwest Ohio. Over 10years, the program will cost about $200million (the U.S. Department of Agri-culture will pay for 80 percent of it).The project’s goal is to improve waterquality in Lake Erie by reducing sedi-ment pollution and field runoffthrough the installation of filter strips,wetlands, hardwood trees and wildlifehabitat.

In Minnesota, state legislators haveappropriated money for the purchaseof undeveloped shore land from own-ers with property near the state’s lakesand rivers. The agreements would bein effect for at least 20 years.

“The greatest threat or challengefacing the Great Lakes isn’t in the waterat all; it’s on land,” Donahue said. “It hasto do with land-use management andthe need for controlling urban and sub-urban sprawl, controlling coastal devel-opment and putting more responsibleland-use practices into play. So manyof our water-quality problems are di-rectly attributable to abuses in how wemanage the land.”

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26 state government news october 2000

welfare to work

A ride,not afreeride

welfare to work

tates are taking new approachesto solving transportation prob-lems faced by low-income and

welfare-dependent families. States aredoing so by using the flexibility andfunding allowed by the Personal Respon-sibility and Work Opportunity Recon-ciliation Act of 1996, which set timelimits and work requirements for aid.

States also are assisting these fami-lies by using $150 million providedover six years by the TransportationEfficiency Act, known as TEA-21,through its Access to Jobs Program.This money must be used for familieswhose incomes are at, or below, 150percent of the poverty line, and at least$10 million must be spent on reverse-commute projects.

States also have looked to additionalresources to help move people fromwelfare to work.

States are using existing resources,such as vans and buses owned bysenior-citizen centers and publicschools. These vehicles are insured andoften are available during commutingtimes. The use of existing vehicles isone of the most economical ways ofgetting welfare recipients to jobs andother destinations, where other tran-sit is not available. Such efforts requirecollaboration among agencies and or-ganizations. These agencies can useTemporary Assistance for Needy

People need reliable

transportation to

move off welfare.

States can take

advantage of federal

funds to help people

get to work.

BY APRIL KAPLAN

Families funds to expand existing ser-vices, benefiting their own clients aswell as TANF-eligible riders. Expan-sion can lead to increased revenues forthe transit service, which could de-crease the need for additional TANFfunding for transit services.

Better bus routes

Expanded bus routes also haveproven successful in getting people towork. Detroit’s Suburban MobilityAuthority for Regional Transit orSMART is an example of an expandedbus route. SMART provides transit insuburban Detroit and direct servicefrom the city of Detroit to suburbanjob-growth areas. In 1995, SMARTredesigned its fixed-route system toconnect areas of high unemploymentto areas with jobs. SMART did so byusing Geographic Information Systemstechnology, partnering with job devel-opers, local chambers of commerce andgovernment officials, and gathering in-formation from customers and drivers.The result was a model of collaborationamong groups that previously did notwork together. SMART also initiatedcreative-marketing programs, includ-ing “Get A Job, Get A Ride” that al-lowed new workers to get a free monthof bus service. Recently, SMARTworked with the city of Detroit Em-

_______________April Kaplan is program manager,

Welfare Information Network, a clearing-house for information, policy analysis and

technical assistance on welfare reform,supported by private foundations. WIN islocated at 1000 Vermont Ave., NW, Suite

600, Washington, D.C. 20005.

Marylanddeveloped aprogram totrain formerwelfarerecipients toprovide vanservice.

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the council of state governments 27

ployment and Training, Detroit De-partment of Transportation and theMetropolitan Planning Organizationand used a federal “Access to Jobs”grant to expand its suburban route.SMART’s customer usage is the high-est in its 30-year history, and moreformer welfare recipients than ever areusing the bus to get to suburban jobs.

Using all resources

States also are using private and non-profit entities, including faith-basedorganizations, to provide transporta-tion assistance to welfare recipients.TANF funds can be paid to charities,religious groups and other private or-ganizations to provide services such astransportation. Some states have con-tracted with religious congregations touse their vehicles for getting people tojobs.

In addition, employers can subsidizetransportation for former welfare re-cipients and other workers. Employ-ers have purchased bus passes, week-end services and off-hour bus services,and have subsidized bus routes. Underthe Taxpayer Relief Act of 1997, em-ployers can offer transit passes andtokens or reimburse employees fortransportation costs of up to $65monthly as a tax-free benefit. They alsocan reimburse an employee up to $170monthly for parking.

Empowering people

Volunteers and paid drivers, includ-ing housewives, senior citizens andwelfare recipients themselves, can beused to provide transportation to jobsfor welfare recipients. Volunteer-serviceorganizations can help link welfarerecipients with potential transporta-tion providers. These volunteers alsocan serve as mentors. Leveraging vol-unteer resources can be accomplishedeither through nonfinancial partner-ships or through contracts with volun-teer agencies, civic organizations orreligious congregations.

Training a welfare recipient as a

driver provides a job for that recipientand enables neighboring welfare re-cipients to get to jobs. The MarylandDepartment of Social Services devel-oped the AdVANtage program as amicro-enterprise program for welfarerecipients to provide transportationin Anne Arundel County,Md. The program trainspeople receiving cashassistance to drivevans and helps themstart their own pas-senger-transportationbusiness. This help in-cludes obtaining workingcapital, certification as apassenger carrier and other businessskills. Derrick Young, an AdVANtageparticipant, said, “The training pro-gram has allowed me as an individualto become a productive citizen.”

For some welfare recipients and low-income individuals, a car is the mosteffective and efficient way to get to ajob. Revolving-loan programs can lendrecipients the money needed to buy orlease a car, which they later pay backwith no interest. The repaid money ismade available to other recipients tobuy or lease cars. Another method is aguaranteed-loan program. Charity Cars

Federal aid flexibility for statesTemporary Assistance for Needy Families funding allows states to:• Reimburse, in whole or part, a TANF-eligible individual’s work-related

transportation expenses;• Contract for or purchase vans, shuttles and minibuses;• Purchase rider slots, passes or vouchers;• Facilitate the donation and repair of older vehicles;• Provide loans to eligible individuals for lease or purchase of vehicles;

and• Make one-time or short-term payments for repairs and insurance.

Access to Jobs grant money may be used for:• Financing projects and financing operating cost of equipment;• Promoting the use of transit by workers with nontraditional work schedules;• Promoting the use of vouchers for recipients;• Promoting the use of employer-provided transportation;• Subsidizing reverse commuting; and• Subsidizing purchase or lease by a nonprofit or public agency of vehicles

or services.

in Florida provides vehicles and relatedsupport services to disadvantagedfamilies moving to self-sufficiency.Charity Cars, Inc. is a 501(c)(3) non-profit corporation, whose motto is “AHand Up . . . Not a Hand-Out.”

The program provides donated ve-hicles, as well as support ser-

vices, including repairs, au-tomobile parts and AAAmemberships. Donationscome from automobiledealers, individuals, busi-nesses and governmental

agencies. Vehicles donatedin Florida are processed, re-

paired and retrofitted byCharity Cars, Inc. employees and

distributed to eligible recipients in thestate through public and private social-services agencies. Charity Cars, Inc.auctions vehicles donated outside ofFlorida and uses the proceeds to sup-port its program. Recipients must beunable to accept an offered job solelybecause they can’t to obtain transpor-tation to the job.

Many other states have other inno-vative approaches that address transitneeds. For more information on stateprograms, contact April Kaplan orMichelle Ganow at (202) 628-5790.

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28 state government news october 2000

Direct democracy underSIEGE

electionselections

cross the country from Maineto California legislative effortsare under way to try to rein in

the initiative process in the direct-democracy states.

For example, the Maine and NorthDakota legislatures approved laws tohave professional petitioners get paidan hourly rate (rather than getting paidper signature), but a U.S. District Courtin Maine ruled its law unconstitution-al. In Nebraska, a law was proposedrecently to require that a majority ofvoters would have to vote affirmativelytwice in two separate elections beforean initiative could be approved. AnAlaska state legislator introduced a billto require that initiative petitions re-ceive signatures from at least 30 of thestate’s 40 legislative districts beforethey could qualify. In Oregon, a bill wasintroduced last session to increase thenumber of signatures needed to qualifya constitutional amendment initiative.The Mississippi Legislature attempted

A political observer

decries the growing

attack on direct

democracy.

BY CHARLES M. PRICE

to remove a term-limits initiative fromits ballot by passing a law retroactivelystipulating that signature solicitors hadto reside in the state. In California, aninitiative-reform commission proposedre-establishing an indirect-initiativeformat to require qualified initiativesto be reviewed by the Legislature be-fore submission to the public. Clearly,the initiative process is not popularwith many state legislators.

In addition to politicians, a growingnumber of political science professorsand pundits have joined the attack onthe initiative. The latest to weigh in onthe subject is David Broder, nationalpolitical correspondent and columnistfor The Washington Post. In his newbook, Democracy Derailed: InitiativeCampaigns and the Power of Money(Harcourt) and in several articlesBroder vehemently denounces the ini-tiative. Broder’s criticisms are similarto the complaints of many other jour-nalists and academics when they dis-cuss direct democracy, but Broder alsoraises some new objections. BecauseBroder is such a revered commentatoron American politics, his attack ondirect democracy merits serious con-sideration, and, I believe, a rejoinder.

A rejoinder to Broder

Broder contends ominously that “analternative form of government — theballot initiative — is spreading in theUnited States. Despite its popular ap-peal and reformist roots, this methodof lawmaking is alien to the spirit ofthe Constitution and its carefullycrafted set of checks and balances. Leftunchecked, the initiative could chal-lenge or subvert the system that hasserved the nation so well for more than200 years.”

_______________Charles M. Price is a political science

professor, California State University,Chico, who writes on California politics

and other issues.

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the council of state governments 29

Initiative lawmaking is certainly notspreading rapidly across the country.Since 1973 only one state, Mississippi,has adopted the initiative. Today, 24states allow it, and 26 states do not.

Most of the states adopted the ini-tiative early in the 20th century. Onething is clear: no state has ever subse-quently abolished it. Why? It’s toopopular with voters. A recent Field Polldone in California indicates that anoverwhelming majority of state resi-dents (about 66 percent) like the ini-tiative process, and only 8 percent arecompletely opposed to it. It is true thereare probably more state and local ini-tiatives on the ballot these days thanthere used to be, but this attests to itspopularity and a growing population.

Broder notes that in the states hevisited, “the initiative was viewed assacrosanct and the Legislature washeld in disrepute.” It is unfortunatethat state legislatures are not held inhigher esteem by the public. Perhapsthe media do tend to emphasize thenegative facets of state legislatures anddon’t focus more on the positive ac-complishments. But the critical viewmany have of their state legislatureshas some justification.

Checks and balances

Disagreeing with Broder, I arguethere are checks and balances withinitiatives. Check one — you have toget the requisite number of valid sig-natures to qualify a measure for theballot (9 out of 10 filed never make itto the ballot in California); check two— a majority of voters must approvethe measure for it to become law (onaverage only about one-third of quali-fied California initiatives win voterapproval); check three — state and fed-eral courts can and do strike downsome or all of an initiative; check four— initiatives can be amended by thelegislature and electorate; and, checkfive — the initiative is an additionalcheck on the legislature and governor.Even in the most initiative-activestates, California or Oregon for ex-

ample, 99 percent of the laws approvedare passed by the legislature and signedby the governor. The initiative doesn’treplace the legislature; it’s power-sharing on a few issues.

Broder argues that the founding fa-thers did not want direct democracyand favored representative govern-ment. This is true, but our foundingfathers’ beliefs about governmentviewed from a contemporary perspec-tive are, at times, antiquated. Originallythe president was to be chosen by a fewhundred electors, not the people, andU.S. senators were to be selected by thevarious state legislatures not by a voteof the public. Slavery was accepted inthe original Constitution and AfricanAmericans and women couldn’t vote.Since most Americans were illiteratein the 1780s and not politically savvy,the framers thought it would be follyto give the public the right to vote onissues.

But times have changed. Americansare far better educated and informedabout public policy than they werewhen the Constitution was drafted. Aspart of our country’s democratizingevolution the right to vote has steadilyexpanded, and, similarly in some statespeople gained the right to propose andenact laws via the initiative.

Virtually everyone today believesthat Americans should have the rightto vote for political candidates. But,which is the more complicated votingdecision: deciding whether to vote inthe 2000 presidential contest for Demo-crat Al Gore or Republican George W.Bush (or perhaps a third-party presi-dential candidate) or voting on gaymarriage, campaign finance reform, orwhether to lower from two-thirds to asimple majority the vote needed to passschool bonds — all initiatives on theMarch 2000 California ballot? Candi-date voting decisions can be equally asdaunting as ballot questions.

Broder complains that the initiativeprocess has been subverted from be-ing a tool of the people to a device forspecial interests and millionaires tobuy their way onto the ballot using

paid petitioners. The court has ruledthat paid petitioning is guaranteedunder the First Amendment’s freespeech proviso. Nothing can be doneabout this feature at present. Bigmoney contributed by special interestscan distort initiative-election out-comes, but it also affects candidateraces as well. As Broder notes, havinga preponderance of money in an ini-tiative campaign does not guaranteevictory. In California, the side with themost money in ballot campaigns winsabout two-thirds of the time — not allof the time. Tobacco companies and car-insurance companies vastly outspenttheir opponents in recent Californiainitiative campaigns and lost big. Ifvoters are not sure about an issue, theylook to see which respected politiciansor interest groups support it and gowith these preferences. If they’re stillconfused, they’ll probably vote no ornot vote on that measure — not a badidea.

Yes, special interests, the originaltargets of the initiative, have learnedto use the process. However, publicinterests such as the Planning andConservation League, the League ofWomen Voters, Common Cause andthe American Lung Association havebeen able to successfully sponsor recentCalifornia initiatives because they havemany volunteers willing to collect sig-natures — for free. These groups’ pro-posals would never have cleared theLegislature because of the oppositionof various entrenched interests.

Certainly there are problems withthe initiative, and the process can befine-tuned and improved, but itshouldn’t be eliminated. If Californiadid not have an initiative, then prop-erty tax relief, the Coastal Commission,the open primary, higher tobacco taxes,the state lottery, medical use for mari-juana and term limits, among others,would not have become law. Whetherthese ideas are good or bad is subjec-tive. What is clear is that these are mea-sures the great majority of Californianswanted. Isn’t this what a true democ-racy should be all about?

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30 state government news october 2000

he Council of State Governments’2000 Annual Meeting and State

Leadership Forum in Michigan is anevent no state official can afford to miss.The broadest range of topics will bediscussed by the most comprehensive

collection of stategovernment offi-

cials of any meeting this year.Information on health care, technol-

ogy, budgeting, agriculture, highereducation, economic development andmore will be presented to attendingofficials from all three branches of everystate and territorial government. At noother meeting can officials sit at thesame table with a supreme court jus-tice, a legislator and a lieutenant gov-ernor to discuss cutting-edge topicssuch as food biotechnology and theimpacts of Internet taxation on states.Officials should register today atwww.csg.org at “Events” for the “NewCentury States: Driving the KnowledgeEconomy” meeting scheduled for Dec.7-11 in Dearborn, Mich.

Topical sessions include “FarmingCarbon to Protect the Environment” and“Privacy Rights on the Internet.” Profes-sional-development sessions will beoffered on ethics and communicationskills. Discussions will be held on howstates can tackle the challenges posedby the new-technology economy’sneeds for work-force development andhigher education. To see the latest list-ing of informational forums check theonline meeting agenda at www.csg.org.

At the meeting, CSG will spotlight theeight most innovative state programs

CSG offers sessions for all state officials

national

T in the nation, selected by panels of stateofficials. The innovations program willintroduce unique state approaches tosubstance abuse, organ and tissue do-nation and Medicaid fraud. Among thewinning programs is one that providesstate subsidies to allow mothers to stayhome with newborns for up to one year.

In addition, CSG will recognize thefirst “e-government” award winners.The Eagle Award will recognize statesthat have advanced constituent servicesavailable online.

The editorial page of the IdahoStatesman recently opined that a statecannot be an island, and CSG also rec-

ognizes this. Thegathering will in-clude a session onstate activity andidentity in the in-ternational arena.

For those won-dering about theeffect of the na-tional elections onstates, CSG has in-vited political con-

sultant James Carville, Democrat, andHaley Barbour, Republican, to discussthe national and state elections and givetheir impressions of what issues willemerge from Washington, D.C., to thestates.

Officials often list the opportunity tonetwork, both formally and informally,with colleagues from across the coun-try as a key benefit of CSG meeting at-tendance. To that end, Michigan is host-ing attendees to the many sights andsounds available in the Dearborn area.The forum will open at the GreenfieldVillage and Henry Ford Museum, theworld’s largest indoor-outdoor mu-seum. An evening event will showcasea variety of Motown entertainment, aswell as desserts from Alaska, host ofnext year’s CSG meeting. Ontario,Canada, will host a reception so thatcolleagues can mingle with their coun-terparts just across the border. The clos-ing event is an exclusive for attendeesonly, a Christmas performance by theRadio City Rockettes at the fully reno-

vated Fox Theatre in downtown Detroit.Newly elected officials would greatly

benefit from attendance. These thor-ough presentations on the many top-ics faced by officials will be invaluableto officials about to embark on their firstyear of service. Registration will remainopen for those officials at www.csg.orgbut others should register now.

Greenfield Village, Dearborn

Radio City Rockettes Christmas performance

he 2000 Fall Legislative IssuesConference of the Southern Leg-

islative Conference has been set forNov. 15-19 in Coral Gables, Fla. On Nov.

14, the SLC Agri-culture and Rural

Development Committee will conductan Agricultural Forum to tackle someof the issues associated with the fed-eral 2002 farm bill. The forum and itspolicy recommendations are part of theSLC’s contribution to a national, state-based policy de-bate on the futureof farming. For in-formation and res-ervation materials,contact the South-ern office at (404)266-1271 or visitthe SLC Web site atwww.slcatlanta.org.

Florida hostsSouthern LegislativeConferenceT

the south

Political consultantJames Carville

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the council of state governments 31

ichigan is ready to showcase its finest wares for the families of officialswho attend The Council of State Governments Annual Meeting and Lead-

ership Forum in Dearborn, Mich., Dec. 7-11. Because state officials work long hoursand have many obligations in a life of public service, CSGsupports the attendance of families at its annual meeting.

Any spouse or guest (including adults over age 18) paying the $150 meeting regis-tration fee may attend, complimentary, any or all of the spouse and guest pro-gramming offered by the host state of Michigan.

“We are delighted that Michigan is electing to promote their area by makingsuch a wonderful program available, free of charge, to registered meeting spousesand guests,” said CSG Executive Director Dan Sprague.

Family members and guests areencouraged to register, as soon aspossible, for the tour options theyprefer. This can be done online atwww.csg.org under “Events,” “SpouseEvents.”

On Dec. 7, 9 and 10, guests havean option, each day, of attendingone of two planned events. All res-ervations and questions regardingspouse events should be directed toMo Herstek at the Michigan Houseof Representatives at (517) 373-4698.

On Dec. 7, guests may choose between a day at the Henry Ford Estate or aneconomic tour of Detroit, which includes lunch in historic Hamtramck. Saturday,Dec. 9’s options are a tour of the Motown Historical Museum with lunch inGreektown or a visit to Cranbrook’s Institute of Science, Art, House and Gardens.On Sunday, Dec. 10, spouses may visit the Detroit Zoo or visit The Somerset Collec-tion “no ordinary shopping center.” A daily shuttle will also depart hourly fromguest hotels to deliver attendee guests and spouses to Dearborn’s “jewels.” Regis-trants may wish to stop and tour at any one of the following destinations on theshuttle’s daily round-robin route: the Henry Ford Museum and Greenfield Village(which includes an IMAX theatre), the Spirit of Ford, the Automotive Hall of Fameor the Fairlane Town Center. Reservations for the complimentary programs must bemade as soon as possible at www.csg.org or by calling Mo Herstek at (517) 373-4698.

Michigan offers families a showcase

national

M

he Council of State Governmentsjoins the American Society for

Public Administration and the Interna-tional City/County Management Associa-tion in sponsoring the Public Integrity

Award. The PublicIntegrity Award

pays tribute to a local, state, national,international or nonprofit organization,which has made outstanding contribu-tions to responsible conduct in publicservice.

An organization must present evi-dence of accomplishing or causing sig-nificant projects benefiting the public.Nominations are due Oct. 20, to thePublic Integrity Award Committee, c/o

CSG sponsors Public Integrity Award

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T ASPA, 1120 G St. N.W., #700, Washing-ton, D.C. 20005.

Nominations should include a one-page summary of the accomplishmentsand impact of the unit’s initiative, anarrative limited to five pages, explain-ing the basis of the nomination withappropriate performance indicators,and appendices of up to 10 pages ofadditional evidence such as recommen-dation letters, press coverage and or-ganizational descriptive information.

The winner will be recognized by thesponsors and receive an award ofachievement. The award selection com-mittee is composed of representativesfrom each sponsoring entity.

rgan transplantation has im-proved the lives of thousands of

people with life-threatening diseases.Yet, the critical shortage of donor organshas become a public-health crisis. Morethan 70,000 adults and children remain

on the nationaltransplant wait-

ing list. While an estimated 8,000 to15,000 deaths each year could resultin organ donation, there were only5,788 donors in 1998, and less than21,000 Americans received transplants.More than 4,800 people died waitingfor a transplant in 1998.

In recent years, many state policy-makers have proposed initiatives toincrease awareness about organ andtissue donation and to improve dona-tion rates. Many of these initiatives havesucceeded, and more states are re-questing information on what they cando to help. CSG, in partnership with theHealth Resources and Services Admin-istration, the federal agency that over-sees transplant policy, and the NationalConference of State Legislatures, hasdeveloped a resource guide for stateofficials on organ-donation initiatives.The guide discusses model legislation,best practices, potential barriers andstrategies to increase organ donations.The publication, entitled EnhancingOrgan and Tissue Donation: A ResourceManual, is available for state officials.Contact Trudi Matthews, CSG healthpolicy analyst, at (859) 244-8157.

Organ donationresource guide

O

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he SLC’s latest regional resourcedeals with the status and outlook

of international trade and agriculture.American agriculture is more depen-

dent on exportmarkets for its

profitability. Following record-breakingsales in the mid-1990s, financial crisesin key markets caused export sales toslump and prices to plummet, pinch-ing farmers in the process. This regionalresource investigates these trade trendsand provides an outlook for agriculturaltrade over the next 10 years.

Report onglobal tradeT

the south

The Spirit of Ford

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32 state government news october 2000

ourteen families across the nationwill receive $10,000 scholarships

this fall to invest in a qualified state tui-tion program. The College Savings PlansNetwork will provide winners with advice

on investing ina state college-

savings program as one of three give-away sponsors.

The scholarships are funded by PepsiCola Inc. and include 14 of the $10,000grand prizes, $1,000 cash scholarshipsand $50 gift certificates.

Families can enter the sweepstakesat participating Kroger stores and Krogerdistributors (including King Soopers,Dillons, Food4Less, Kessel, Pay Less,Sav-More Foods, Fry’s, Mini-Mart, QuikStop, Loaf N Jug, Kwik Stop, Turkey HillMint Markets, Jr. Food Stores/TomThumb, and many more).

“This is a very positive opportunityfor CSPN — one the organization couldnot afford alone,” said Chairman Mar-shall Bennett, treasurer of Mississippi.“The Network had already begun plansto develop some type of scholarshipgiveaway this year, and Pepsi and Krogerhave helped to make this a quick reality.”

CSPN is affiliated with the NationalAssociation of State Treasurers, whichsupported participation in the scholar-ship giveaway. “NAST will stand byCSPN’s efforts to encourage families toplan ahead for the cost of college at-tendance,” said NAST President DavidHeineman, treasurer of Nebraska. “Pro-moting college savings plans so thathigher education can become an afford-able reality for all children is vital toAmerica’s future.”

Bennett added, “A family that plansfor college sends a powerful messageto children that higher education is ex-pected. Because both Pepsi and Krogerare high-profile retailers, we hope thesweepstakes will be another reasonfamilies are thinking about paying forcollege. We expect steady inquiries fromfamilies because ours is the only phoneand Web site listed on the in-store pro-motions.”

Staff and families of NAST, state trea-surers’ offices, QSTP plans and TheCouncil of State Governments are noteligible to participate.

Scholarshipsoffered

F

cspn

early 500 state leaders gatheredin Providence, R.I., Aug. 4-7 for

The Council of State Governments’ East-ern Regional Conference Annual Meet-ing. Delegates representing 10 Northeast

states, two U.S.territories and four

Canadian provinces discussed issuessuch as prescription drug pricing,teacher training and criminal justice.

Rhode Island hosts, Sen. MaryellenGoodwin and Rep. Paul Crowley, servedas co-chairs of the conference. “It’s soimportant for regional leaders to meetand stay abreast of the major issues weall deal with,” said Crowley, who mod-erated a panel discussion about edu-cation reform. “There’s a lot to gain bylearning what has worked in otherstates.”

In addition to discussing policy issues,the ERC Executive Committee passednine resolutions. Included among themwere calls for the federal governmentto: support long-term bonds to providecapital funding for intercity passengerrail; increase funding for the Low-In-come Home Energy Assistance Pro-gram; establish a permanent heating-oil reserve in the Northeast; support keyprovisions of the U.S. Senate’s fiscal2001 agriculture appropriations bill;and reauthorize and extend the North-east Interstate Dairy Compact and ratifya Southern dairy compact.

Several nationally known speakersaddressed the group. Football legendJim Brown discussed his work to help

ERC convened in Providence

the east

N

gang members in California, politicalanalysts Paul Begala and John Sununudebated the issues surrounding thisyear’s elections, and Court TV anchorFred Graham considered the impact ofrecent U.S. Supreme Court decisions onstate power.

The program also offered delegatesthe chance to take part in skills work-shops focusing on communication andconflict resolution.

The Eastern Regional Conference,established in 1937, includes Connecti-cut, Delaware, the District of Columbia,Maine, Massachusetts, New Hampshire,New Jersey, New York, Pennsylvania,Puerto Rico, Rhode Island, Vermont, theVirgin Islands, and as associate mem-bers the Canadian provinces of New-foundland and Labrador, Nova Scotiaand Québec.

ERC Director Alan Sokolow posed with ERCCo-chair Sen. Maryellen Goodwin of Rhode Island.

New Hampshire Speaker Donna Sytek receivedthe W. Paul White Leadership Award.

Shown are (from left) Rhode Island SenateMajority Leader Paul Kelly and Speaker JohnHarwood.

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the council of state governments 33

he Council of State Governments is proud to announce the eight successfulstate programs selected as winners of its annual Innovations Awards and

Transfer Program. Panels of state officials and state staff from each CSG regionselected the winners from among a group of semifinalistsout of hundreds of submissions received. Winners of the

awards for 2000 will be honored at CSG’s Annual Meeting and State LeadershipForum in Dearborn, Mich., Dec. 7-11. This year’s winners by region are:East

• Delaware’s Technical Advisory Office provides the General Assembly with re-search and analysis on technical and scientific issues and coordinates the activitiesand teams of technical volunteers affiliated with the Delaware Environmental Alli-ance for Senior Involvement.

• Massachusetts’ Spread the Word Program provides books to at-risk readerswho do not own many or any books.Midwest

• Michigan Department of State’s Organ and Tissue Donor Registry EnrollmentProgram offers a convenient method for Michigan residents to be potential organdonors.

• Minnesota’s At-Home Infant Child Care Program pays mothers to stay at homewith infants under 1 year of age and provides a sliding-scale care subsidy for fami-lies with an income of up to $35,000 a year.South

• Oklahoma’s Charles E. “Bill” Johnson Correctional Center combines regimentedtreatment programs and mandates education and voluntary aftercare programs.

• West Virginia’s Children Identification Program offers identification cards forchildren ages 2 to 15, as part of a fully integrated identification program.

West• Arizona’s Eligibility Fraud Prevention Program conducts a preapproval investi-

gation of applications for Medicaid/state medical benefits in a hospital setting todetect fraudulent or ineligible recipients before taxpayer dollars are spent.

• Utah’s Foster Care Foundation finds, educates and retains foster parents through-out the state.

The next issue of State Government News will report on these winning pro-grams. For more information, contact Debbie Powell, at (859) 244-8249.

Innovations winners selected

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Drug pricesdiscussed

he Council of State Governments’Health Policy Group held the lat-

est Health Policy Monitor teleconferenceentitled, “Prescription Drug Costs andPricing: Perspectives for State Policy-

Makers”, on Aug.17. Participants

included state legislators, legislativestaff and executive agency personnel,as well as representatives from otherpublic and private organizations frommore than 40 states.

A distinguished panel of expertsshared their perspectives. The speakerswere Dr. Patricia Danzon, Celia Mohprofessor at the University of Pennsyl-vania’s Wharton School of Business,Connecticut Sen. Cathy Cook and Penn-sylvania Sen. Tim Murphy.

Topics addressed included price dif-ferences between prescription drugs inthe United States and other countries;the impacts of price controls, price regu-lation and bulk-purchasing options onthe market and access to prescriptiondrugs; options to help those who can-not afford medication; and suggestionsfor policy-makers to deal with the ris-ing costs of prescription drugs.

For more information, contactMichele Bushong at (859) 244-8180.

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T

CSG wins awardswo CSG publications, Sound Sci-ence and Electronic Commerce,

won awards for printing quality, techni-cal difficulty andoverall visual ef-

fectiveness in the Science and Techni-cal Journals category in the 13th AnnualGold Ink Awards competition. Thejudges honored the publications, se-lected from nearly 1,600 entries, asamong this year’s best printing in NorthAmerica.

The Gold Ink Awards Competition,sponsored by Publishing & ProductionExecutive and Printing Impressions maga-zines, is considered to be North Ameri-ca’s most prestigious print competition.

national

TThanks for your supportThe Council of State Governments and the Toll Fellows Class of 2000 thankthe following sponsors for their support of the 2000 Henry Toll FellowshipProgram to develop state leaders.

Gold Sponsors3MEastman Kodak CompanyWyeth-Ayerst Laboratories

Silver SponsorsBayer CorporationOlin CorporationPfizer Inc.The Procter & Gamble CompanyWest Group

Other SponsorsThe Commonwealth of Kentucky

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34 state government news october 2000

Visit CSG onStatesNewswww.csg.org

Visit CSG onStatesNewswww.csg.org

he National Association of StateTreasurers honored all the indi-

viduals who have held the office of statetreasurer in thepast 25 years dur-

ing its Silver Jubilee conference inChicago, Ill. Aug. 6-9, 2000.

“The state treasurers who served 25years ago saw the need and had thevision that has allowed the NationalAssociation of State Treasurers to be-come a powerful voice in the financeindustry,” said NAST President DavidHeineman, treasurer of Nebraska. “Thegroundwork that was established forNAST has supported the growth andstrength of the organization for a quar-

State treasurers honored

nast

T ter of a century,” Heineman said. “It hasenabled each subsequent generation ofstate treasurers to nurture the ever-changing needs of the public-financeofficial.”

Award recipients for 2000 werenamed: Robert Seale, Lucille MaurerAward; William Slade, Honorary Corpo-rate Affiliate Award; and Oregon Trea-surer Jim Hill, Jesse M. Unruh Award.

“Treasurer Hill has touched the livesof thousands of people in nearly everystate of this great nation through sav-ings-education initiatives,” Heinemansaid. “He has given people the toolsthey can use everyday to manage theirown lives.”

The Unruh award, named afterformer California Treasurer Jesse M.Unruh, is the highest recognitionpresented by NAST. Unruh transform-ed the office of state treasurer intoa center of far-reaching power, givingpublic investors a powerful voice.

Heineman also announced theunanimous decision of members tocreate the Harlan E. Boyles Distin-guished Service Award. Boyles hasserved as the treasurer of NorthCarolina since 1977, maintaining thehighest credit rating available to astate throughout his tenure. He said,“Money is required to pay for everysingle government program, act anddeed. The financial reputation of astate among the national and worldfinancial markets is determined bythe treasurer, who is judged on thebasis of his personal integrity, ex-perience and judgment.”

The award will recognize extra-ordinary service to the public financeindustry.

Recipients of the NAST Jesse M. Unruh Award gatherat the 25th Anniversary Conference of NAST. Picturedare (front l-r): Treasurer Jimmie Lou Fisher, Ark.(1991); former Treasurer Sam Shapiro, Maine (1996);Treasurer Marshall Bennett, Miss. (1998); former OhioTreasurer and Treasurer of the United States MaryEllen Withrow (1993); Treasurer Georgie Thomas,N.H. (1997); former Treasurer Robert Seale, Nev.(1998); Treasurer Harlan Boyles, N.C. (1999); andformer Treasurer Janet Rzewnicki, Del. (1995). (back l-r) Former Treasurer Charlie Smith, Wis. (1990);Treasurer Jim Hill, Ore. (2000); Treasurer Ed Alter,Utah (1989); and Treasurer Michael Fitzgerald, Iowa(1992). Not pictured are Treasurer Steve Adams, Tenn.(1999) and the late Treasurer Lucille Maurer, Md. (1994).

he National Association of State Personnel Executives launched the firstissue of its new monthly electronic newsletter the NASPE e-XECUTIVE in

October. It is designed as a supplement to the quarterly print newsletter, StatePersonnel View, and contains human resource news briefson the state and federal levels. It also contains a calendar of

events to keep members apprised of upcoming events. For more information contactLisa Anderson, NASPE program associate, at (859) 244-8179 or [email protected].

Newsletter going electronic

naspe

T

CSG’s SEI projectreceives press

he New Mexico/Idaho bistatepartnership to catalyze pollution

prevention and energy-efficiency tech-nologies in India,the 2000 recipient

of The Council of State Governments’State Environmental Initiative, was re-cently featured in several news articlesand radio coverage in New Mexico.

A project kickoff meeting was heldon June 28 to discuss the project’s ob-jectives and involve private businesses.New Mexico Sen. Pauline Eisenstadtprovided an overview of the CSG andthe SEI program. Numerous organiza-tions, and federal, state and local govern-ment agencies were also represented.

The project received favorable pressin The Albuquerque Tribune; the LasCruces (N.M.) Sun-News; and the NewMexico Business Weekly. The articlesdiscussed the goals and objectives ofthe project and the expected outcomes.Timothy J. Ward, one of the project’s co-directors said in an article: “India is ahuge developing market and it has ex-tensive problems with pollution andwaste management, especially sur-rounding the chemical manufacturingand mining industries. There is a lot ofdevelopment taking place in India andthey need a lot of new technology.That’s why we want to hook them upwith New Mexico and Idaho businessin the areas of pollution prevention andclean energy to help get business goingbetter between these two states andIndia.”

For more information, contact TimothyJ. Ward, WERC-UNM, at (505) 277-2328;e-mail: [email protected] or Guarav Rajen,Sandia National Laboratories, at (505)284-5040; e-mail: [email protected] Magdalena N. Mook at CSG; (859)244-8199; e-mail: [email protected] our Web site at: www.sei-asia.org.

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the council of state governments 35

CSG-WEST to meethe CSG-WEST Annual Meeting willbe an event for the entire family.

Lawmakers will attend policy sessionson topics such aspreparing for do-

mestic terrorism, Internet democracy,Western water policy, public-lands man-agement and legislative fiscal chal-lenges around the West.

In keeping with the theme of TheNorth American West: Three Nations,One Region, the meeting will open witha global perspective on the region’seconomic, cultural and political ties.Trade and transportation corridors, envi-ronmental and energy issues and othercommon concerns along both the U.S.northern and southern borders withCanada and Mexico will be addressed.

A review of the 2000 elections will bemade by nationally syndicated column-ists Bill Press and Arianna Huffington,joined by cultural pollster, John Zogby.Age Wave founder and author, KenDychtwald, will deliver a multimediapresentation on how boomers will af-fect aging policy, politics and programsin the 21st century.

An ancillary meeting will be held onWestern agriculture and the 2002 farmbill. The Western Interstate Compact onHigher Education will host a discussionof the impact of higher education on thenew economy in the West. The NationalHispanic Caucus of State Legislators alsowill meet in conjunction with the CSG-WEST to discuss reapportionment, ven-ture capital, youth concerns and the 2000elections.

The legislative host committee in SanDiego has planned a meeting event forthe entire family. Kids can look forwardto an educational program that will fea-ture the San Diego Zoo, the Reuben H.Fleet Science Center and the San Di-ego Museum of Man, which will includea daily certificate of learning. Policytours are offered to tribal communities,to the ARCO/U.S. Olympic Training Cen-ter, San Diego regional water-storagefacilities, Scripps Institute of OceanTechnology, navy operations and re-gional agricultural businesses. Familiescan come early or stay late for oppor-tunities to visit Tijuana and RosaritoBeach in Mexico or to go deep-sea fish-ing and golfing.

For registration information, call (415)974-6422 or go to CSG-WEST’s Web siteat www.csgwest.org.

the west

Thirty-eight legislators participated in the first Western Legislative AcademyAug. 1-4 in Colorado Springs, Colo. The mostly first- and second-term law-

makers received intensive training to become more effective personally and tolearn to build support for their legislatures.

Training included lessons in representative democracy fromdistinguished academicians to outdoor leadership and team building from expertsat the U.S. Air Force Academy. Professional development trainers taught the legis-lators communications, time management and negotiation skills. Panels of legisla-tive leaders and representatives of the media, lobbyists, staff and executive branchdiscussed the practical aspects of legislative relationships. A spokesperson for theCenter for the New West delivered a presentation on the West as a region in tran-sition. Churchill scholar and author James Humes concluded the training sessionwith a moving dramatization of the language of leadership.

Admission to the Academy was competitive and based on commitment to pub-lic service, desire to improve personal legislative effectiveness and interest in im-proving the legislative process. The WLA Class of 2000 elected Nevada Assembly-woman Barbara Cegavske class president.

The Council of State Governments-WEST established the Academy in responseto increased turnover and the loss of experienced lawmakers in many Westernstate legislatures. The WLA builds on the successful Bowhay Institute for Legisla-tive Leadership Development offered by CSG’s Midwestern region and the na-tional CSG Henry Toll Fellowship program. The WLA took place at the El PomarFoundation Retreat Center in Colorado Springs. El Pomar is dedicated to the recog-nition and promotion of nonprofit organizations.

For more information about the Western Legislative Academy, call CSG-WEST at(415) 974-6422.

Western Legislative Academy a success

the west

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Back Row (left to right) Rep. Bob Jenson, Ore.; Sen. Marcel Camacho, Guam; Rep. Thomas Taylor,N.M.; Sen. Joe Stegner, Idaho; Rep. Colin Simpson, Wyo.; Sen. Jim Honeyford, Wash.; Rep. Pete Illoway,Wyo.; Sen. Gary Wilken, Alaska; Sen. Ron Teck, Colo.; Rep. Eric Croft, Alaska; Sen. Mark Amodei,Nev.; Rep. Sol Kaho’ohalahala, Hawaii; Sen. Jim Dyer, Colo.; Rep. Carl Miller, Colo.Middle Row (left to right) Assemblyman Jerry Claborn, Nev.; Rep. George Golie, Mont.; Rep. RonGodbey, N.M.; Rep. Steve Smylie, Idaho; Sen. John Bohlinger, Mont.; Sen. Harry Mitchell, Ariz.; Sen.Herb Guenther, Ariz.; Sen. Don Burtenshaw, Idaho; Sen. Pete Knudson, Utah; Rep. John Harris, Alaska.Front Row (left to right) Rep. Monica Lindeen, Mont.; Rep. Carolyn Edmonds, Wash.; Rep. VickiWalker, Ore.; Rep. Hermina Morita, Hawaii; Assemblymember Ellen Koivisto, Nev.; Rep. LolaSpradley, Colo.; Assemblymember Barbara Cegavske, Nev.; Rep. Lisa Murkowski, Alaska; Rep. KimGillan, Mont.; Rep. Emily Auwae, Hawaii; Rep. Lorraine Inouye, HawaiiNot pictured: Assemblyman Marco Antonio Firebaugh, Calif.; Rep. Mary Helen Garcia, N.M.; Rep.Linda Evans Parlette, Wash.

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36 state government news october 2000

James Carroll is Southern regional coordinator with CSG’s States Information Center.James Carroll is Southern regional coordinator with CSG’s States Information Center.

Teaching safe drivingBY JAMES CARROLL

use public-private partnerships to make these classes avail-able.

These programs are funded in various ways. Despitebeing a part of many schools’ curricula, driver’s educa-

tion is not state funded for the most part.Only eight of the surveyed states completelypay for the administering of driver’s educa-tion. Conversely in 20 states the fiscal re-sponsibility rests solely on students. In 15states, the state and the students share costs.Three other states require the local schooldistricts to pay for the programs.

When asked about the cost of driver’seducation, some states provided a per studentaverage, while others listed a line-item budgetamount. The average per-student cost of dri-ver’s education was about $122. Costs rangedfrom $45 to $421 per student, with a medianof $155 per student. The range was equallyas broad among states reporting line-item

amounts. One state spent$80,000 last year, while an-other budgeted $5 million forfiscal 2000.

The most common methodof ensuring young drivers’safety is a graduated driver’slicensing system. Twenty-four states currently havesome components of this typeof driver’s education, whichrequires young drivers tomeet a series of driving andeducation standards to havea license. Among the require-ments are the successfulcompletion of a learner’s per-mit and the holding of a pro-

bationary driver’s license for a defined period of time. Thestates with complete graduated driver’s licensing systemsare California, Delaware, Florida, Georgia, Iowa, Massa-chusetts, Michigan, New Jersey, North Carolina, Ohio andRhode Island.

For more information regarding this issue or others,contact the States Information Center at (888) CSG-4SICor [email protected].

H ow do driver’s education programs differ acrossthe states?

Statistics from the National Highway TrafficSafety Administration show that new drivers are

the most at-risk group on the road. In 1997,motor-vehicle crashes accounted for aboutone-third of all deaths of people 15 to 20years old. Moreover, the crash rate for 16-year-old drivers was 15 times that of 20- to24-year-olds.

States offer a diverse range of driver’seducation to reduce accidents by youngdrivers. To compare driver’s education inthe states, the States Information Centerat The Council of State Governments col-lected data pertaining to as many states aspossible. The following information isbased on survey responses from 49 states.

As many as 30 states now require peopleunder the age of 18 to complete some formof driver’s education prior toreceiving a license. Mosteducation programs consistof at least 30 hours of class-room instruction and sixhours behind the wheel. Allthe other states surveyedoffered some type of non-mandatory driver’s instruc-tion. In addition, insurancecompanies often offer incen-tives to drivers who com-plete training.

Many states offer driver’seducation as part of a high-school curriculum. In 41states, at least one publichigh school offers driver’seducation as part of the normal school day. In 17 of thosestates, however, it is left up to the local school district tooffer the course.

Not every school district administers the program inter-nally. In 26 states, school employees teach driver’s education,while six states allow private entities to teach the classes.An additional 12 states offer a combination of public andprivate instruction. Beyond instruction, some states also

Driver’s educationis offered inschools in

most states.

Most states require driver’s education for young drivers.

Page 37: High tech and the public interestcsg-web.csg.org/knowledgecenter/docs/sgn0010.pdf · 2018-01-26 · High tech and the public interest. CSG's Online Store is now open for business!

Dec. 7-10, 2000 Dearborn, Michigan

For information call (859) 244-8103Or visit www.csg.org

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38 state government news october 2000

This calendar lists annual meetingdates of associations serving stateofficials. For more information on aparticular meeting, call the numberlisted.

“CSG”/ denotes organizationsaffiliated with CSG.

Direct new entries or correctionsby the first of the month to:

Allison SpurrierThe Conference CalendarCSGP.O. Box 11910Lexington, KY 40578-1910(859) 244-8113or e-mail to [email protected] CSG’s Web site, www.csg.org

or www.statesnews.org, to see up-dated information and links to otherorganizations and host cities.

OCTOBER 2000October 12-14 — Thursday-SaturdayCSG-WEST Legislative ServiceAgency/Research Directors(LSA/RD) Meeting — San Fran-cisco, CA — Sir Francis Drake Ho-tel (Duvauchelle, San Francisco)(415) 974-6422

NOVEMBER 2000November 1-3 — Wednesday-FridayCSG/Northeast Recycling Coun-cil (NERC) Fall Meeting —Northeast New Jersey — Hotel tobe announced (802) 254-3636November 15-18 —Wednesday-SaturdayCSG-WEST Annual Meeting —San Diego, CA — Hyatt Islandia(Duvauchelle, San Francisco) (415)974-6422November 15-19 —Wednesday-SundayCSG/Southern Legislative Confer-ence Fall Legislative Issues Con-ference — Coral Gables, Florida —Hyatt Regency Coral Gables (Cousi-neau, Atlanta) (404) 266-1271,slcatlanta.org

DECEMBER 2000December 7-9 — Thursday-SaturdayConference of State Court Ad-ministrators (COSCA) MidyearMeeting — Phoenix, AZ — By in-vitation only (Rockwell, Williams-burg) (757) 259-1841December 7-11 — Thursday-MondayCSG 2000 Annual Meeting andState Leadership Forum — Dear-born, MI — Hyatt Regency Dear-born (Hines, Lexington) (859) 244-8103, [email protected]

JANUARY 2001January 7-10 — Sunday-WednesdayCSG/American Probation andParole Association (APPA) Win-

ter Training Institute — Portland,OR — Hotel to be announced (Swin-ford, Lexington) (859) 244-8194

FEBRUARY 2001February 2-5 — Friday-MondayCSG/National Conference ofLieutenant Governors (NCLG)State/ Federal Meeting — Wash-ington, DC — Willard Inter-Conti-nental (Manning, Lexington) (859)244-8171, [email protected] orvisit www.nclg.org

February 3-4 — Saturday-SundayCSG/National Association ofState Personnel Executives(NASPE) Midyear Meeting —Burlington, VT — Radisson Hotel(Scott, Lexington) (859) 244-8182,[email protected]

February 9-14 — Friday-WednesdayCSG/National Emergency Man-agement Association (NEMA)2001 Midyear Conference —Crystal City, VA — Hyatt RegencyCrystal City (Administrative Assis-tant, Lexington) (859) 244-8162 ore-mail to [email protected]

MARCH 2001March 4-7 — Sunday-WednesdayCSG/National Association ofState Treasurers (NAST) Legis-lative Conference — Washington,DC — Willard Inter-ContinentalHotel (Hamilton, Lexington) (859)244-8174, [email protected]

APRIL 2001April 5-8 — Thursday-SundayCSG Spring National Committeeand Task Force Meetings —Santa Fe, NM — El Dorado Hotel(Hines, Lexington) (859) 244-8103,[email protected]

MAY 2001May 16–19 — Wednesday-SaturdayCSG and the University of Ken-tucky Martin School of PublicAdministration, Virtual Connec-tions: Linking State Capitols andPublic Universities in an Era ofe-Government Meeting — Lexing-ton, KY — Embassy Suites (Powell,Lexington) (859) 244-8249,[email protected]

May 22-25 — Tuesday-FridayCSG/National Association of StateTreasurers (NAST) MidwesternConference — Indianapolis, IN —The Omni Hotel (Hamilton, Lexing-ton) (859) 244-8174, [email protected]

JUNE 2001June 9-13 — Saturday-WednesdayCSG/National Association of

State Facilities Administrators(NASFA) Annual Conferenceand Trade Show — Lexington, KY— Hyatt Regency Lexington (Stone,Lexington) (859) 244-8181, [email protected] 14-16 — Thursday-SaturdayState Debt Management Net-work Annual Conference —Kennebunkport, ME — The ColonyHotel (Hamilton, Lexington) (859)244-8174, [email protected] 17-20 — Sunday-WednesdayCSG/National Association of StateTreasurers (NAST) NortheastConference — Kennebunkport,ME — The Colony Hotel (Hamil-ton, Lexington) (859) 244-8174,[email protected] 27-July 1 — Wednesday-SundayCSG/National Conference ofLieutenant Governors (NCLG)Annual Meeting — Louisville, KY— The Seelbach Hotel (Manning,Lexington) (859) 244-8171, [email protected] or visit www.nclg.org

JULY 2001July 7-11 — Saturday-WednesdayCSG/National Association of

State Personnel Executives(NASPE) 24th Annual Meeting— Big Sky, MT — Big Sky Ski &Summer Resort (Scott, Lexington)(859) 244-8182, [email protected] 14-18 — Saturday-WednesdayCSG/Southern Legislative Con-ference (SLC) Annual Meeting— Savannah, GA — Hotel to beannounced (Cousineau, Atlanta)(404) 266-1271, slcatlanta.orgJuly 25-28 — Wednesday-SaturdayCSG-WEST Annual Meeting —Whistler, British Columbia — Hotelto be announced (Duvauchelle, SanFrancisco) (415) 974-6422July 25-28 — Wednesday-SaturdayCSG/National Association of StateTreasurers (NAST) WesternConference — Sun Valley, ID —The Sun Valley Lodge (Hamilton, Lex-ington) (859) 244-8174, [email protected] 29-August 1 —Sunday-WednesdayCSG/Midwestern LegislativeConference (MLC) 56th AnnualMeeting — Lincoln, NE — TheCornhusker (McCabe, Lombard)(630) 810-0210

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