National Conference of State Legislatures - The Forum for America's Ideas

2014 Legislative Summit


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Tuesday, August 19, 2014

 

3:00 PM to 5:00 PM

Outgrowing Crime

Location:
Minneapolis Convention Center Level 1-103DEF
  • NCSL Law, Criminal Justice and Public Safety Committee
Continuing Legal Education
A new "Pathways" study addresses growing up and out of crime and U.S. Supreme Court rulings have prohibited the most serious punishments for juveniles, recently addressing life without parole. Explore the latest developmental research, state actions to comply with the Miller ruling and other federal actions affecting states.

  • Moderator:
  • Representative John C. Tilley, Kentucky
  • Panelist:
  • Sarah Brown, NCSL
  • Adam Foss, Suffolk County District Attorney's Office, Massachusetts
  • Senator Stewart Greenleaf, Pennsylvania
  • Ed Mulvey, University of Pittsburgh Medical School, Pennsylvania

 

3:00 PM to 4:00 PM

Drafting Durable Constitutional Amendments - Part II

Location:
Minneapolis Convention Center LEVEL 1-102DEF
  • Legal Services Staff Section
Continuing Legal Education
Legislator/Staff Training Track
Drafting constitutional amendments requires a different mindset from statutory drafting. Learn about drafting differences and some legal issues that arise with drafting constitutional amendments -- and tips for avoiding the pitfalls.

  • Moderator:
  • Scott Harrison, Nebraska Legislature
  • Speaker:
  • Richard Johnson, Iowa General Assembly
  • Steve Miller, Wisconsin Legislature

 

3:00 PM to 4:00 PM

Recounts: Politically Decisive, Costly and Controlled by State Law

Location:
Minneapolis Convention Center LEVEL 1-103ABC
  • NCSL Task Force On Redistricting & Elections
Continuing Legal Education
No one wants to recount; just ask anyone from Minnesota (remember the Al Franken/Norm Coleman Senate race?) or Virginia, where a high profile recount in 2013 determined the partisan control of the state Senate. Recounts are costly and politically charged; what can legislators do to reduce their likelihood? Hear a few cautionary tales, and then learn about thresholds for publicly funded recounts, discretionary recounts (when candidates foot the bill) and best practices from those who've lived through them.

  • Moderator:
  • Senator Katie Sieben, Minnesota
  • Panelist:
  • Mark Halvorson, Citizens For Election Integrity--Minnesota, Minnesota
  • Jason Torchinsky, Virginia

 

3:00 PM to 4:00 PM

Crowdfunding: Simplifying the Investment Process in the States

Location:
Minneapolis Convention Center LEVEL 1-101DEFG
  • NCSL Communications, Financial Services & Interstate Commerce Committee
Continuing Legal Education
Crowdfunders, like GoFundMe, Kickstarter, Indiegogo, are making it easier to raise capital for personal, entrepreneurial, cause-related and charity campaigns. Crowdfunding opens new opportunities for investors and provides quicker access to capital for the fundraisers. Hear about and learn from experiences in states that are actively shaping equity crowdfunding to suit their state's needs.

  • Moderator:
  • Representative Joe Atkins, Minnesota
  • Panelist:
  • Anya Coverman, North American Securities Administrators Association, Washington, D.C.
  • Senator Travis Holdman, Indiana
  • Carol Mihalik, Securities Commissioner, Indiana

 

4:00 PM to 5:00 PM

Ensuring the Authenticity of Online Legal Information

Location:
Minneapolis Convention Center LEVEL 1-102ABC
  • Legal Services Staff Section
  • National Association of Legislative Information Technology
Continuing Legal Education
The Uniform Electronic Legal Material Act (UELMA) has been enacted in eight states, with others considering legislation. UELMA, which applies to state constitutions, statutes, session laws and administrative rules, sets forth specific requirements of authentication, preservation and access that must be met. Learn about UELMA and technological approaches used in two states to satisfy the authentication requirement.

  • Moderator:
  • Gary Wieman, Nebraska Legislature
  • Panelist:
  • Tim Orr, Minnesota Legislature
  • Mendora Servin, California Legislature
  • Michele Timmons, Minnesota Legislature

 

4:00 PM to 5:00 PM

The Voting Rights Act Evolves in the Post-Shelby County v. Holder World

Location:
Minneapolis Convention Center LEVEL 1-103ABC
  • Legal Services Staff Section
  • NCSL Task Force On Redistricting & Elections
Continuing Legal Education
Some have declared the federal Voting Rights Act dead, based on the 2013 Supreme Court ruling in Shelby County v. Holder. While that decision struck down Section 4 of the VRA, the Department of Justice has begun using Section 2 to enforce the VRA against North Carolina and Texas whose voting laws have been called into question. Congress has responded to the court decision with legislation that attempts to update the requirements in the landmark VRA. Some states are introducing legislation, resolutions and statewide ballot measures. Delve into the legal (and practical) lay of the land, post-Shelby County.

  • Moderator:
  • Susan Parnas Frederick, NCSL
  • Panelist:
  • Representative William C. Denny, Mississippi
  • Lisa Soronen, State & Local Legal Center, Washington, D.C.
  • Representative Arthur L. Turner, Illinois

Wednesday, August 20, 2014

 

7:45 AM to 8:45 AM

Protecting the Legislature as an Institution

Location:
Minneapolis Convention Center LEVEL 1-101DEFG
  • Legal Services Staff Section
Continuing Legal Education
Legislator/Staff Training Track
Part of legislative legal staff's responsibility is to protect the legislature from intrusion by the executive or the judiciary, and help legislators avoid giving up legislative power, intentionally or unintentionally. What can or should legislative attorneys do to protect the institution while recognizing the political realities? Is separation of powers, particularly as delineated in state constitutions, at risk when the legislature gives the executive more power because it trusts the "current" administration?

  • Speaker:
  • Raul Burciaga, New Mexico Legislature

 

10:30 AM to 11:45 AM

Supreme Court Roundup

Location:
Minneapolis Convention Center Level 1-103DEF
  • NCSL Law, Criminal Justice and Public Safety Committee
  • Legal Services Staff Section
Continuing Legal Education
The U.S. Supreme Court's recent term included decisions in several cases with implications for states and states' rights. Affirmative action, campaign finance and the Fourth Amendment were all before the Court this term. Hear an overview of the court's review and opinions handed down in these cases.

  • Moderator:
  • Representative Thomas U. Reynolds, Mississippi
  • Panelist:
  • Heidi Kitrosser, University of Minnesota Law School
  • Lisa Soronen, State & Local Legal Center, Washington, D.C.

 

1:45 PM to 2:45 PM

Reallocation of Prisoners Prior to Redistricting

Location:
Minneapolis Convention Center Mezzanine Level-M101AB
  • NCSL Task Force On Redistricting & Elections
Continuing Legal Education

Prisoner reallocation is a new redistricting practice attributed to several events. Four states have passed laws requiring that prisoners be counted at their home address. Discuss the advent of the practice, get feedback from advocates and opponents on its merits, and learn about how states have fared implementing it and what courts have said. John Thompson, U.S. Census Director, will provide an update on 2020 Census planning, including an overview of research leading to key design decisions.

Defining the Issue:

  • Dr. Thomas Hofeller, Geographic Strategies, LLC, Virginia
  • Peter Wagner, Prison Policy Initiative, Massachusetts

Implementation:

  • Michelle Davis, Maryland Department of Legislative Services
  • Debra Levine, Task Force on Demographic Research and Reapportionment, New York
  • Karin Mac Donald, University of California at Berkeley Law
  • Jeffrey Wice, New York Legislature


 

2:00 PM to 3:15 PM

Flowing Forward: A Conversation on EPA's Waters of the U.S. Rule

Location:
Minneapolis Convention Center Lower Level-L100DEFG
  • NCSL Natural Resources & Infrastructure Committee
  • NCSL Task Force On Agriculture
Continuing Legal Education
In March 2014, the EPA released its proposed Waters of the U.S. rule which aims to define which bodies fall under the jurisdiction of the Clean Water Act, therefore requiring CWA permits. Hear from EPA officials on the proposed rule and discuss what this all means for state and local communities, permitting departments and the agriculture industry.

  • Moderator:
  • Senator Ross Tolleson, Georgia
  • Panelist:
  • Virginia Albrecht, Hunton & Williams LLP, Washington, D.C.
  • Ken Kopocis, U.S. Environmental Protection Agency (EPA), Washington, D.C.

 

3:30 PM to 5:00 PM

Crypto-Currencies: Changing the Way We Do Commerce

Location:
Minneapolis Convention Center LEVEL 1-101DEFG
  • NCSL Communications, Financial Services & Interstate Commerce Committee
Continuing Legal Education
Some stores accept alternative payments, such as Bitcoins and other crypto-currencies, that benefit both customers and merchants. With the concept of crypto-currencies becoming more popular, some states and the IRS issued new guidelines on virtual currencies. Explore the policy implications these new payment methods present for the states.

  • Facilitator:
  • Representative Joe Atkins, Minnesota
  • Gary Schaefer, Louisiana Legislature
  • Speaker:
  • Jim Harper, Bitcoin Foundation, Washington, D.C.
  • Matthew Lambert, Conference of State Bank Supervisors, Washington, D.C.
  • Jason Thomas, Thomson Reuters, Virginia

 

3:30 PM to 5:00 PM

Municipal Bankruptcy: What are States to Do When A Locality Heads South?

Location:
Minneapolis Convention Center Level 1-Ballroom B
Continuing Legal Education

Municipal finance distress can have dire consequences on states. Learn what legislatures can do to prevent municipal bankruptcies and how to make sure near- and long-term obligations are met.

Book signing with Richard Ravich to immediately follow session.


  • Moderator:
  • Frank Shafroth, Center for State & Local Leadership, George Mason University, Virginia
  • Speaker:
  • Thomas Bennett, U. S. Bankruptcy Court for the Northern District of Alabama
  • Kil Huh, State and Local Fiscal Health, The Pew Charitable Trusts, Washington, D.C.
  • Richard Ravitch, Former Lieutenant Governor, New York

Sponsored By: NCSL gratefully acknowledges The Pew Charitable Trusts for supporting this session.

Thursday, August 21, 2014

 

7:30 AM to 8:45 AM

Protecting People with Life-Threatening Allergies (Breakfast Session)

Location:
Minneapolis Convention Center Mezzanine Level-M101AB
Continuing Legal Education
More than 11 million Americans have food allergies, including up to 8 percent of children. In severe cases, foods and insect stings can cause anaphylaxis, a life-threatening allergic reaction. Learn about state actions to improve access to epinephrine for people who may be in jeopardy from unexpected reactions in public places.

  • Moderator:
  • Michael Hely, New Mexico Legislature
  • Speaker:
  • Caroline Moassessi, Nevada Food Allergy and Anaphylaxis Alliance
  • Senator Debbie Smith, Nevada
  • Dr. Allan Stillerman, Allergy & Asthma Specialists, PA, Minnesota

 

10:15 AM to 11:15 AM

New Online Threats and Dangers: Can the Law Keep Up?

Location:
Minneapolis Convention Center LEVEL 2-205ABCD
Continuing Legal Education
Bad actors are involved in revenge porn, mug-shot extortion, online impersonation, privacy invasions, harassment and hacking. Learn about actions legislatures are taking to combat these new challenges and the complex issues they raise.

  • Moderator:
  • Representative Jeff Morris, Washington
  • Representative H.B. Zuber, Mississippi
  • Panelist:
  • Jim Halpert, DLA Piper, Washington, D.C.
  • Lee Rowland, ACLU, New York
  • Jeff Williams, Dell Secureworks, Washington

Sponsored By: NCSL gratefully acknowledges Dell for providing the coffee break.
 

11:30 AM to 12:45 PM

RoboCops: From Phones to Drones

Location:
Minneapolis Convention Center Level 1-Auditorium Room 1
Continuing Legal Education
New technologies can help investigators solve crimes in ways once thought impossible. But debate continues over how to balance a person's 4th Amendment protection from unreasonable search and seizure with the community benefits gained from these new tools.

  • Facilitator:
  • Representative Jeff Morris, Washington
  • Senator Branden Petersen, Minnesota
  • Panelist:
  • Alan Frazier, University of North Dakota
  • Lee Rowland, ACLU, New York
  • Wade Setter, Bureau of Criminal Apprehension, Minnesota

 

2:15 PM to 3:30 PM

Voter Verification, the Courts and the Future

Location:
Minneapolis Convention Center Level 1-101FG
  • Legal Services Staff Section
  • NCSL Task Force On Redistricting & Elections
Continuing Legal Education
Courts have ruled on the legality of voter verification requirements. Discuss their findings, whether technology can speed up the review of signatures and driver's licenses, what impact REAL ID has on voting, if QR, holographic or bar codes help, and when biometrics such as finger prints or iris imprints, will be the norm.

  • Moderator:
  • Doug Chapin, Program For Excellence In Election Administration, Minnesota
  • Panelist:
  • Representative Kathy M. Bernier, Wisconsin
  • Senator David Blount, Mississippi
  • Jessica Karls-Ruplinger, Wisconsin Legislature
  • Mark Ritchie, Minnesota Secretary of State

 

3:45 PM to 5:00 PM

Big Data: Big Opportunities, Big Risks

Location:
Minneapolis Convention Center Level 1-101DE
  • NCSL Communications, Financial Services & Interstate Commerce Committee
  • Leveraging IT To Strengthen Government FSL Partnership
Continuing Legal Education

High profile security breaches have highlighted the enormous amount of data being collected, stored and shared by governments and businesses. Hear about the risks and opportunities big data creates for consumers, government and business, and learn about state and federal approaches to address the growing risk.

Book signing with Chris Surdak to immediately follow session.


  • Moderator:
  • Senator Wayne A. Harper, Utah
  • Lisa Wallmeyer, Virginia General Assembly
  • Panelist:
  • Dave Garriepy, Retail Industry Leaders Association (RILA), Virginia
  • Jim Halpert, DLA Piper, Washington, D.C.
  • Doug Robinson, NASCIO, Kentucky
  • Christopher Surdak, Hewlett-Packard, California

 

3:45 PM to 4:45 PM

The Ethical Challenges of Dark Money

Location:
Minneapolis Convention Center LEVEL 2-205ABCD
  • Legal Services Staff Section
  • NCSL Task Force On Redistricting & Elections
  • NCSL Center for Ethics in Government
Continuing Legal Education
Legislator/Staff Training Track
The term "dark money" is increasingly used to describe campaign funds that come from unknown sources. States have attempted to crystallize ethical values of transparency and openness into law through disclosure and reporting requirements. With recent campaign finance rulings by the U.S. Supreme Court, what options exist for states to retain and strengthen disclosure laws? What are the ethical challenges presented by dark money? What impact do independent expenditures have on the outcome of state elections? Explore attempts to regulate dark money and consider the legal limits of disclosure.

  • Moderator:
  • Tamara Dodge, Wisconsin Legislature
  • Panelist:
  • Allen Dickerson, Center For Competitive Politics, Virginia
  • Gary Goldsmith, Campaign Finance & Public Disclosure Board, Minnesota
  • Larry Noble, Campaign Legal Center, Washington, D.C.

Friday, August 22, 2014

 

9:00 AM to 10:15 AM

Power of the Purse

Location:
Minneapolis Convention Center Level 1-Auditorium Room 1
  • Leadership Staff Section
  • Legal Services Staff Section
  • National Association of Legislative Fiscal Offices
  • National Legislative Program Evaluation Society
Continuing Legal Education
Legislator/Staff Training Track
Appropriating funds is a fundamental legislative power, but administering funding policy is a fundamental executive power. Balancing control of the purse strings was a major issue in the American Revolution, and remains unresolved to this day. Learn about issues arising from recent legislative and executive disputes over appropriations.

  • Moderator:
  • Anne Sappenfield, Wisconsin Legislature
  • Panelist:
  • Jonathan Ball, Utah Legislature
  • John Fellows, Utah Legislature
  • Jan Yamane, Hawaii Legislature