Author: ACR Webmaster

AG’s opinion: Regulating guns at Virginia public universities

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Virginia’s Attorney General recently issued an opinion that universities can prohibit the open carry of firearms inside university buildings by policy; however, must promulgate a regulation to apply such prohibition to concealed handgun permit holders.

Summary of opinion:

Under the present state of the law, the University of Virginia lawfully may promulgate a policy that prohibits persons from openly carrying a firearm in the buildings that are subject to the policy.  Further, with respect to persons who have a concealed carry permit, because the University adopted a policy rather than a regulation, it has not “otherwise prohibited by law” persons with a concealed carry permit from possessing a handgun, and, therefore, the policies may not be used to prohibit persons with such a permit from carrying a concealed firearm into the buildings covered by the policy.

http://oag.state.va.us/Opinions%20and%20Legal%20Resources/Opinions/2011opns/11-078-Hanger.pdf

ULC Approves the Uniform Electronic Legal Materials Act (UELMA)

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On 7/18/2011, the Uniform Law Commission (ULC) distributed an e-mail indicating that the Uniform Electronic Legal Materials Act was “approved during the Vote by States of the 2011 ULC Annual Meeting. Please note that the text is still subject to revision by the Committee on Style, which is scheduled to meet in September.”

In a press release posted on its web site, ULC describes the new uniform law:

A new act approved [July 12, 2011] by a national law group establishes an outcomes-based, technology-neutral framework for providing online legal material with the same level of trustworthiness traditionally provided by publication in a law book.  The Uniform Electronic Legal Material Act was approved today by the Uniform Law Commission (ULC) at its 120th Annual Meeting in Vail, Colorado.

Increasingly, state governments are publishing laws, statutes, agency rules, and court rules and decisions online.  In some states, important state-level legal material is no longer published in books, but is only available online.  While electronic publication of legal material has facilitated public access to the material, it has also raised concerns.  Is the legal material official, authentic, government data that has not been altered?  For the long term, how will this electronic legal material be preserved?  How will the public access the material 10, 50, or 100 years from now?  The Uniform Electronic Legal Material Act provides a consistent approach to solving these problems.

The drafting committee’s web page is available at http://www.uniformlaws.org/Committee.aspx?title=Electronic%20Legal%20Material%20Act .  As of 7/18/2011, the approved uniform act has not been posted.

UPDATE:  7/19/2011 — The approved, pre-style final text is available online at http://www.uniformlaws.org/Shared/Docs/AM2011_Prestyle%20Finals/UELMA_PreStyleFinal_Jul11.pdf .

2011 Colborn Award — Nominations Now Being Accepted

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The Administrative Codes and Registers’ Awards Committee is taking nominations for the 2011 Colborn Award.  This year, the committee consists of Molly Masich (NC; chair), Elizabeth Palen (VA) and John Martinez (NM).  The Colborn Award is presented annually by ACR to recognize a program that demonstrates innovation and creativity in providing public access to, or management of, administrative rules.

The nominations packet and form with complete instructions has been posted on the Colborn Award page available at:  http://www.administrativerules.org/index.php?option=com_content&view=article&id=93&Itemid=56 .

The deadline for submitting nominations is Friday, June 10, 2011.

2011 Summer Conference

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2011 Summer Conference, Glade Springs Resort, WV

2011 Summer Conference
Glade Springs Resort, WV
July 11 – 13, 2011

Electronic Participation at the Summer Conference

_________________________________________

CONFERENCE REGISTRATION

Registration is now open for the NASS 2011 Summer Conference from July 10-13, 2011, in Daniels, West Virginia at the Resort at Glade Springs. Click here for NASS conference information and to register online!

_________________________________________

ROOM RESERVATIONS

NASS/ACR room rate is $159/night.
Call 877-540-3650, Monday through Saturday and mention NASS to get the special rate.
Air Travel:  Fly into Yeager Airport (CRW),  Charleston, WV

Transportation to Glade Springs: Limited shuttle service will be offered. Stacy Fisher with NASS is working on discounted car rental rates. Check with her for more information.

For more information contact:
NASS Meeting Planner Stacy Fisher at (202) 624-3525.

ROOM RATE: $159 per night, mention NASS to get the conference rate. RESERVATIONS: 877-540-3650 (Mon.- Sat.) and mention NASS. EARLY DEADLINE: The deadline for the NASS early conference rate for registration and hotel reservations is Thursday, June 2, 2011. AIR TRANSPORTATION: Fly into Yeager Airport (CRW), Charleston, WV. TRANSPORTATION TO GLADE SPRINGS: Limited shuttle service will be available from the airport.

For more information, contact Stacy Fisher, NASS meeting planner at (202) 624-3525.

_________________________________________

Agenda & Attendance

Agenda pdf – Tentative 6-21-2011

ADMINISTRATIVE CODES AND REGISTERS AGENDA

NASS/ACR 2011 Summer Conference Monday, July 11 – Wednesday, July 13, 2011 The Resort at Glade Springs, Daniels, WV Agenda updated: 6/21/2011 12:22:35 PM
ACR 2011 SUMMER CONFERENCE TENTATIVE AGENDA NOTE:

Agenda details are subject to change. NASS committee meetings are open to all attendees. Valid conference ID badge required for entry to ALL meetings & events. Members of media must display credentials at all times. NO EXCEPTIONS.

SUNDAY, JULY 10, 2011
2:00 PM – 6:00 PM
NASS/ACR/NPA Registration Open The Inn, Bright Foyer
6:00 PM – 7:30 PM
NASS Welcome Reception The Inn, Bright Ballroom & Terrace
7:30 PM – 9:00 PM
ACR LexisNexis Dinner The Inn, The Grille

MONDAY, JULY 11, 2011
7:30 AM – 5:00 PM
NASS/ACR/NPA Registration Open The Inn, Bright Foyer

8:00 AM – 9:00 AM
NASS Breakfast The Inn, The Glade Room

8:00 AM – 9:00 AM
ACR Executive Committee Meeting Working Breakfast The Inn, Governor’s Room ACR Officers and Executive Committee Members

8:45 AM – 9:00 AM
Travel to The Clubhouse

9:15 AM – 9:30 AM
Welcome The Clubhouse, The Cobb Room ACR Officers

9:30 AM – 10:00 AM
Who’s Who and What’s New (Internet participation) The Clubhouse, The Cobb Room

10:00 AM – 10:15 AM
ACR/NPA Loislaw Break The Clubhouse

10:15 AM – 11:30 AM
Who’s Who and What’s New, Continued (Internet participation)

11:30 AM – 11:45 AM
Travel to The Inn

11:45 AM – 1:00 PM
NASS Luncheon The Inn, The Glade Room

1:00 PM – 1:15 PM
Travel to The Clubhouse

1:15 PM – 2:15 PM
Who’s Who and What’s New, Concluded (Internet participation) The Clubhouse, The Cobb Room

2:15 PM – 3:00 PM
Round Table: Authentication The Clubhouse, The Cobb Room

3:00 PM – 3:15 PM
ACR/NPA Break The Clubhouse

3:15 PM – 4:45 PM
ACR 1st Business Meeting The Clubhouse, The Cobb Room John Martinez (NM), ACR President

4:45 PM – 5:30 PM
Break

5:30 PM – 6:00 PM
Buses Depart Glade Springs for NASS Evening Event

6:00 PM – 9:00 PM
NASS Evening Event: Beckley Exhibition Coal Mine 513 Ewart Ave., Beckley, WV 25801 Children are welcome. Attire is casual. Please bring a jacket. It is 59° in the mine.

TUESDAY, JULY 12, 2011
7:30 AM – 4:00 PM
NASS/ACR/NPA Registration Open The Inn, Bright Foyer

7:45 AM – 8:45 AM
NASS Breakfast The Inn, Rotunda

8:45 AM – 9:00 AM
Travel to The Clubhouse

9:00 AM – 10:00 AM
Social Media Implementation The Clubhouse, The Cobb Room Cody York (TN)

  • Cody will be posting his notes and PowerPoint to Google documents.

10:00 AM – 10:15 AM
ACR/NPA Loislaw Break The Clubhouse

10:15 AM – 10:45 AM
Social Media: Implementation, Concluded

10:45 AM – 12:15 PM
Colborn Award and Demonstration The Clubhouse, The Cobb Room Colborn Award Committee: Molly Masich (NC), Elizabeth Palen (VA), John Martinez (NM)

12:15 PM – 12:30 PM
Travel to The Inn

12:30 PM – 1:30 PM
NASS Luncheon The Inn, The Glade Room

1:30 PM – 1:45 PM
Travel to The Clubhouse

1:45 PM – 3:00 PM
Records Management and Regulations in a Digital Age The Clubhouse, The Cobb Room Jim Cundy, Kentucky’s Records Management Manager Among the central challenges state government personnel face are managing the enormous amount of information they maintain, and keeping long-term or permanent information accessible to the public. These challenges have become particularly acute now that the use of digital media has become so widespread. This talk will address issues of records management and long-term retention in a digital environment, using Kentucky’s government agency’s records management programs as examples.

3:00 PM – 3:15 PM
ACR/NPA Break The Clubhouse

3:15 PM – 4:00 PM
Records Management and Regulations in a Digital Age, Concluded

4:00 PM – 5:00 PM
Round Table The Clubhouse, The Cobb Room

5:00 PM – 5:30 PM
Break

5:45 PM
Buses Depart

6:00 PM – 9:00 PM
NASS Evening Event: Tamarack – “The Best of West Virginia” One Tamarack Park, Beckley, WV 25801 Children are welcome. Attire is casual.

WEDNESDAY, JULY 13, 2011
8:00 AM – 9:00 AM
NASS Breakfast Featuring Mr. Bill Sweeney, President & CEO, International Foundation for Electoral Systems (IFES) The Inn, The Glade Room “Global Trends in Democracy and Elections”

8:00 AM – 4:30 PM
NASS/ACR/NPA Registration Open The Inn, Bright Foyer

9:00 AM – 9:15 AM
Travel to The Clubhouse

9:15 AM – 10:15 AM
Making the MOST of Your Time The Clubhouse, The Cobb Room Carl “Chuck” Kinder, Jr. We spend our money and we spend our time. The way we use our money and our time impacts our future. It is really important we do both as correctly as possible. As we try to succeed in life’s challenges, we also have two main responsibilities: we must have success in the workplace and success at home at the same time. Not only are we employees doing our jobs but we are also parents, spouses, grandparents, aunts and uncles. To be truly successful we must get all these things balanced. We must set priorities and have a plan. This session will show you how to develop your own game plan to follow in establishing priorities in order to Make The MOST of Your Time.

10:15 AM – 10:30 AM
ACR/NPA Loislaw Break The Clubhouse

10:30 AM – 11:30 AM
West Virginia Rulemaking The Clubhouse, The Cobb Room Judy Cooper (WV)

11:30 AM – 12:00 Noon
ACR 2nd Business Meeting The Clubhouse, The Cobb Room John Martinez (NM), ACR President

12:00 Noon – 12:15 PM
Travel to The Inn

12:15 PM – 1:30 PM
NASS Leadership Luncheon The Inn, Bright Ballroom For NASS/ACR/NPA members

1:30 PM – 1:45 PM
Travel to The Clubhouse

1:45 PM – 3:00 PM
Executive Review — Implementing EO 13563 The Clubhouse, The Cobb Room Office of the Federal Register

3:00 PM – 3:15 PM
ACR/NPA Break The Clubhouse

3:15 PM – 4:45 PM
Round Table: Beyond Static HTML Pages The Clubhouse, The Cobb Room

4:45 PM – 6:00 PM
Break

6:00 PM – 9:00 PM
NASS Evening Event: Reception & Dinner The Resort at Glade Springs Children are welcome. Attire is casual. NOTE: Wireless Internet is complimentary throughout the Resort at Glade Springs

  • Business Meetings – The Clubhouse, The Cobb Room
    • Monday, July 11, 2011 – 3:15 p.m. to 4:45 p.m.
      • First Business Meeting Agenda
      • Treasurer’s Report
      • Attendance List
    • Wednesday, July 13, 2011 – 11:30 p.m. to Noon
      • Second Business Meeting Agenda
      • Second Business Meeting Sign-In Sheet Attendance List

 

PRESENTATIONS

Who’s Who and What’s New (Internet participation)

Arizona – Scott Cancelosi, Kim Crawford

  • Administrative Code is still the focus – catch-up
  • Rulemaking Moratorium – Extended by Governor Executive Order
  • Rules on rules updated – under Laws 2010, Ch. 287 (H.B. 2260), rules approved by AG’s office July 7, 2011
  • Exempt rulemaking and public records
  • Laws 2010, Ch. 287 – Database Requirements Statewide Database for Business Filings now repealed by Laws 2011, Ch. 343

Arkansas – Jon Davidson

  • Meet the new boss
  • New rules on rules, new laws on rules

Colorado – Deanna Maiolo

New Web design – Usability study provided suggestions for improvement

Status of Administrative Rules Program System Upgrade

  • Exisiting System if five years old
  • Change froma paragraph based- to a document-based publication
  • Enhanced ability to read and print an entire article

Colorado Register

  • Published twice monthy since January 2010
  • Benefit publication dates drive rulemaking activity and effective dates

Administrative Procedure Act

  • Extends effective duration of temporary/emergency rules up to 120 days
  • Clarifieis incorporations by reference.
  • States that the electronic publication prevails over the printed code

No Legislative changes affecting rules in 2011.

Federal Register

Ray Mosley

  • 2.0 Fed Register Released!
  • Version 1.5 updates improves the system
  • 10 years of Codes of Fed Reg in XML – bulk download
  • Videos now posted on the site.
  • Meet and greet with President Obama. Presentation to the president posted.

Mike White

Presents http://ofr.gov

  • Home page has changed since last year.
  • President’s Save Award – A running list of “volunteers” to stop/cancel paper Federal Register.
  • Other new features – Blog
  • Revisit status of FR 2.0 within the next 6 months
  • E-mail capability – e-mail pages, info, doc to someone
  • Bound publication for any day of the year
  • 1951-2002 Statutes, digitally authenticated (adobe client iwith a digital signature); “modern era” from 2003 to present
  • Public papers books – xml from birth, Word docs, digital edition by Framemaker

Idaho – Frank

  • Paperless review and approval process. Outlook and SharePoint for internal approves.
  • No standards for electronic approval.
  • All electronic, online Code is now official. Code on CD
  • Register online, official cut cost in half

 

Mississippi – Amy Foster

  • Who’s running the APA in MS.
    • Mississippi SOS, Regulation and Enforcement Division
      • Dave Scott, Asst. MSSOS
      • Amy Foster, Senior Attorney
      • Connie Booker, Special Projects Officer
  • Supposed to have a Administrative Code in 2006?  Yes.
  • What happened? Cliffs Notes version given by Amy. Bulletin, New rules, New deadline, June 30, 2011
  • Code now? It’s on the way.
  • What else is regulated by division? Funeral services and more…

New Mexico – John Martinez

  • The proposed amendments to the State Rules Act did not pass the Legislature
  • “Air Bubble” passed throught the rulemaking pipeline
  • Permanent electronic New Mexico Register? http://www.digitalpreservation.gov
  • State Records Administrator is retiring

Oregon – Julie Yamaka

Rulemaking Bills in Legislature

  • Committee readings, never made it out of committee
  • Budget spared
  • Since April new system in use, robust notice system

Tennessee – Cody York

Rulemaking Moratorium – Governor Executive Order 45 days review

Less than 100 rules filed in 7 months.

Texas – Dan Procter

Rewrite of Oracle database COMPLETED!

  • Expands email alert options
  • Permits users to download entire chapters
  • Agencies will submit rules via web form (no more e-mail attachments)
  • Agencies will submit MS Word docs instead of tagged text files.
  • Documentation and receipts
  • Tables and graphics now part of database
  • Cloud server hosting

Virginia

Jane Chaffin, Division of Legislative Services

  • Forms uploads feature with links

Elizabeth Palin, Division of Legislative Services

Checks and Balances? Promulgate rules in law.

  • VW vs DMV, Supreme Court case – Legislation said DMV makes regulations, DMV did not
  • Bingo – regulations, agency had not made new regulations – 3 months window

West Virgina – Judy Cooper

3 governors in 1 year

Wisconsin – Bruce Hosely

  • Recall phase, 9 state legislators
  • Administrative procedures changes – new bill, governor has oversight in rules (previously legislative review)
  • Scope Statements, how will they be reviewed?
  • Electronic only publication of the Administrative Code, law changes? by 2013?

Washington – Kerry Radcliff

  • Rulemaking Moratorium – Governor Executive Order
  • Electronic filings, 95 percent of agencies using system.

Utah – Ken Hansen

  • Documentatiing the behind the scenes rules processes
  • Partnership with the Division of State Libraries to digitize back issues of the rules publications
  • Governor’s business review regulation review initiative
  • Conversations with CommerNet about a project they are developing
  • Changes the way we handle incorporation by reference.

_________________________________________

Uniform Law Commission – John Martinez, ACR President 2:45 – 3 p.m. (Round Table: Authentication Canceled)

www.nccusl.org

  • Social Media Implementation
  • Colborn Award and Demonstration
  • Records Management and Regulations in a Digital Age
  • Making the MOST of Your Time
  • West Virginia Rulemaking
  • Executive Review — Implementing EO 13563
  • Round Table: Beyond Static HTML Pages

_________________________________________

Vendors

Lexis-Nexis – Leslie Ostrander

  • e-books

DSCS – Jerry Balan

  • e-books
  • Fraud, waste and abuse

BNA – Karen Schneider

  • Compare Tools, CFR first files
  • Application software, Apps
  • October/November State Regs

CommerNet Inc. – Cliff Li

  • EReg initative
  • Present admin laws and statutes of federal and state governments and ordinance of county county governments.
  • Present historical versions, and rulemaking histories of each rule
  • Unify search-and-acess interface for regs accross governments
  • Support features, public comments and e-mail alerts

_________________________________________

Speaker Biographies

_________________________________________

2011 ACR Committees

2011 ACR Program Committee
Chair: Vacant
Member: Vacant
Member: Vacant

2011 Awards Committee
Chair: Vacant
Member: Vacant
Member: Vacant

2011 Web Committee
Chair: Jeff Hague, Deleware
Member: Scott Cancelosi, Arizona
Member: Jane Chaffin, Virginia

2011 Social Media Committee
Chair: Scott Cancelosi, Arizona
Member: Vacant
Member: Vacant

Photos To be posted following conference, submit photos to the Webmaster.

 

2011 Summer Conference

Posted on by

2011 Summer Conference, Glade Springs Resort, WV

2011 Summer Conference
Glade Springs Resort, WV
July 11 – 13, 2011

Electronic Participation at the Summer Conference

Registration is now open for the NASS 2011 Summer Conference from July 10-13, 2011, in Daniels, West Virginia at the Resort at Glade Springs. Click here for NASS conference information and to register online!

Registration

ROOM RATE: $159 per night, mention NASS to get the conference rate.
RESERVATIONS: 877-540-3650 (Mon.- Sat.) and mention NASS.
EARLY DEADLINE: The deadline for the NASS early conference rate for registration and hotel reservations is Thursday, June 2, 2011.
AIR TRANSPORTATION: Fly into Yeager Airport (CRW), Charleston, WV.
TRANSPORTATION TO GLADE SPRINGS: Limited shuttle service will be available from the airport.

For more information, contact Stacy Fisher, NASS meeting planner at (202) 624-3525.

Room Reservations: NASS/ACR room rate is $159/night. Call 877-540-3650, Monday through Saturday and mention NASS to get the special rate.
Air Travel: Fly into Yeager Airport (CRW), Charleston, WV
Transportation to Glade Springs: Limited shuttle service will be offered. Stacy Fisher with NASS is working on discounted car rental rates. Check with her for more information.

For more information contact: NASS Meeting Planner Stacy Fisher at (202) 624-3525.

Agenda & Attendance

Agenda pdf – Tentative 6-21-2011

ADMINISTRATIVE CODES AND REGISTERS AGENDA
NASS/ACR 2011 Summer Conference
Monday, July 11 – Wednesday, July 13, 2011
The Resort at Glade Springs, Daniels, WV
Agenda updated: 6/21/2011 12:22:35 PM

ACR 2011 SUMMER CONFERENCE TENTATIVE AGENDA
NOTE: Agenda details are subject to change. NASS committee meetings are open to all attendees. Valid conference ID badge required for entry to ALL meetings & events. Members of media must display credentials at all times. NO EXCEPTIONS.

SUNDAY, JULY 10, 2011
2:00 PM – 6:00 PM
NASS/ACR/NPA Registration Open
The Inn, Bright Foyer

6:00 PM – 7:30 PM
NASS Welcome Reception
The Inn, Bright Ballroom & Terrace

7:30 PM – 9:00 PM
ACR LexisNexis Dinner
The Inn, The Grille

MONDAY, JULY 11, 2011
7:30 AM – 5:00 PM
NASS/ACR/NPA Registration Open
The Inn, Bright Foyer

8:00 AM – 9:00 AM
NASS Breakfast
The Inn, The Glade Room

8:00 AM – 9:00 AM
ACR Executive Committee Meeting Working Breakfast
The Inn, Governor’s Room
ACR Officers and Executive Committee Members

8:45 AM – 9:00 AM
Travel to The Clubhouse

9:15 AM – 9:30 AM
Welcome
The Clubhouse, The Cobb Room
ACR Officers

9:30 AM – 10:00 AM
Who’s Who and What’s New (Internet participation)
The Clubhouse, The Cobb Room

10:00 AM – 10:15 AM

ACR/NPA Loislaw Break
The Clubhouse

10:15 AM – 11:30 AM
Who’s Who and What’s New, Continued (Internet participation)

11:30 AM – 11:45 AM
Travel to The Inn

11:45 AM – 1:00 PM
NASS Luncheon
The Inn, The Glade Room

1:00 PM – 1:15 PM
Travel to The Clubhouse

1:15 PM – 2:15 PM
Who’s Who and What’s New, Concluded (Internet participation)
The Clubhouse, The Cobb Room

2:15 PM – 3:00 PM
Round Table: Authentication
The Clubhouse, The Cobb Room

3:00 PM – 3:15 PM
ACR/NPA Break
The Clubhouse

3:15 PM – 4:45 PM
ACR 1st Business Meeting
The Clubhouse, The Cobb Room
John Martinez (NM), ACR President

4:45 PM – 5:30 PM
Break

5:30 PM – 6:00 PM
Buses Depart Glade Springs for NASS Evening Event

6:00 PM – 9:00 PM
NASS Evening Event: Beckley Exhibition Coal Mine
513 Ewart Ave., Beckley, WV 25801
Children are welcome. Attire is casual. Please bring a jacket. It is 59° in the mine.

TUESDAY, JULY 12, 2011
7:30 AM – 4:00 PM
NASS/ACR/NPA Registration Open
The Inn, Bright Foyer
7:45 AM – 8:45 AM
NASS Breakfast
The Inn, Rotunda

8:45 AM – 9:00 AM
Travel to The Clubhouse

9:00 AM – 10:00 AM
Social Media Implementation
The Clubhouse, The Cobb Room
Cody York (TN)

  • Cody will be posting his notes and PowerPoint to Google      documents.

10:00 AM – 10:15 AM
ACR/NPA Loislaw Break
The Clubhouse

10:15 AM – 10:45 AM
Social Media: Implementation, Concluded

10:45 AM – 12:15 PM
Colborn Award and Demonstration
The Clubhouse, The Cobb Room
Colborn Award Committee: Molly Masich (NC), Elizabeth Palen (VA), John Martinez (NM)

12:15 PM – 12:30 PM
Travel to The Inn

12:30 PM – 1:30 PM
NASS Luncheon
The Inn, The Glade Room

1:30 PM – 1:45 PM
Travel to The Clubhouse

1:45 PM – 3:00 PM
Records Management and Regulations in a Digital Age
The Clubhouse, The Cobb Room
Jim Cundy, Kentucky’s Records Management Manager
Among the central challenges state government personnel face are managing the enormous amount of information they maintain, and keeping long-term or permanent information accessible to the public. These challenges have become particularly acute now that the use of digital media has become so widespread. This talk will address issues of records management and long-term retention in a digital environment, using Kentucky’s government agency’s records management programs as examples.

3:00 PM – 3:15 PM
ACR/NPA Break

The Clubhouse

3:15 PM – 4:00 PM
Records Management and Regulations in a Digital Age, Concluded

4:00 PM – 5:00 PM
Round Table
The Clubhouse, The Cobb Room

5:00 PM – 5:30 PM
Break

5:45 PM
Buses Depart

6:00 PM – 9:00 PM
NASS Evening Event: Tamarack – “The Best of West Virginia”
One Tamarack Park, Beckley, WV 25801
Children are welcome. Attire is casual.

WEDNESDAY, JULY 13, 2011
8:00 AM – 9:00 AM
NASS Breakfast Featuring Mr. Bill Sweeney, President & CEO, International Foundation for Electoral Systems (IFES)
The Inn, The Glade Room
“Global Trends in Democracy and Elections”

8:00 AM – 4:30 PM
NASS/ACR/NPA Registration Open
The Inn, Bright Foyer

9:00 AM – 9:15 AM
Travel to The Clubhouse

9:15 AM – 10:15 AM
Making the MOST of Your Time
The Clubhouse, The Cobb Room
Carl “Chuck” Kinder, Jr.
We spend our money and we spend our time. The way we use our money and our time impacts our future. It is really important we do both as correctly as possible. As we try to succeed in life’s challenges, we also have two main responsibilities: we must have success in the workplace and success at home at the same time. Not only are we employees doing our jobs but we are also parents, spouses, grandparents, aunts and uncles. To be truly successful we must get all these things balanced. We must set priorities and have a plan. This session will show you how to develop your own game plan to follow in establishing priorities in order to Make The MOST of Your Time.

10:15 AM – 10:30 AM
ACR/NPA Loislaw Break
The Clubhouse

10:30 AM – 11:30 AM

West Virginia Rulemaking
The Clubhouse, The Cobb Room
Judy Cooper (WV)

11:30 AM – 12:00 Noon
ACR 2nd Business Meeting
The Clubhouse, The Cobb Room
John Martinez (NM), ACR President

12:00 Noon – 12:15 PM
Travel to The Inn

12:15 PM – 1:30 PM
NASS Leadership Luncheon
The Inn, Bright Ballroom
For NASS/ACR/NPA members

1:30 PM – 1:45 PM
Travel to The Clubhouse

1:45 PM – 3:00 PM
Executive Review — Implementing EO 13563
The Clubhouse, The Cobb Room
Office of the Federal Register

3:00 PM – 3:15 PM
ACR/NPA Break
The Clubhouse

3:15 PM – 4:45 PM
Round Table: Beyond Static HTML Pages
The Clubhouse, The Cobb Room

4:45 PM – 6:00 PM
Break

6:00 PM – 9:00 PM
NASS Evening Event: Reception & Dinner
The Resort at Glade Springs
Children are welcome. Attire is casual.
NOTE: Wireless Internet is complimentary throughout the Resort at Glade Springs

  • Business Meetings – The Clubhouse, The Cobb Room
    • Monday, July 11, 2011 – 3:15 p.m. to 4:45 p.m.
      • First Business Meeting Agenda

Treasurer’s Report

      • Attendance List
    • Wednesday, July 13, 2011 – 11:30 p.m. to Noon
      • Second Business Meeting Agenda
      • Second Business Meeting Sign-In Sheet Attendance List

PRESENTATIONS

Who’s Who and What’s New (Internet participation)

Arizona – Scott Cancelosi, Kim Crawford

  • Administrative Code is still the focus – catch-up
  • Rulemaking Moratorium – Extended by Governor Executive  Order
  • Rules on rules updated – under Laws 2010, Ch. 287 (H.B. 2260), rules approved by AG’s office July 7, 2011
  • Exempt rulemaking and public records
  • Laws 2010, Ch. 287 – Database Requirements Statewide Database for Business Filings now repealed by Laws 2011, Ch. 343

Arkansas – Jon Davidson

  • Meet the new boss
  • New rules on rules, new laws on rules

Colorado – Deanna Maiolo

New Web design – Usability study provided suggestions for improvement

Status of Administrative Rules Program System Upgrade

  • Existing System if five years old
  • Change from a paragraph based- to a document-based publication
  • Enhanced ability to read and print an entire article

Colorado Register

  • Published twice monthly since January 2010
  • Benefit publication dates drive rulemaking activity and effective dates

Administrative Procedure Act

  • Extends effective duration of temporary/emergency rules up to 120 days
  • Clarifieis incorporations by reference.

States that the electronic publication prevails over the printed code

No Legislative changes affecting rules in 2011.

Federal Register
Ray Mosley

  • 2.0 Fed Register Released!
  • Version 1.5 updates improves the system
  • 10 years of Codes of Fed Reg in XML – bulk download
  • Videos now posted on the site.
  • Meet and greet with President Obama. Presentation to the president posted.

Mike White

Presents http://ofr.gov

  • Home page has changed since last year.
  • President’s Save Award – A running list of  “volunteers” to stop/cancel paper Federal Register.
  • Other new features – Blog
  • Revisit status of FR 2.0 within the next 6 months
  • E-mail capability – e-mail pages, info, doc to someone
  • Bound publication for any day of the year
  • 1951-2002 Statutes, digitally authenticated (adobe client with a digital signature); “modern era” from 2003 to      present
  • Public papers books – xml from birth, Word docs,  digital edition by Framemaker

Idaho – Frank

  • Paperless review and approval process. Outlook and  SharePoint for internal approves.
  • No standards for electronic approval.
  • All electronic, online Code is now official. Code on CD
  • Register online, official cut cost in half

Mississippi – Amy Foster

  • Who’s running the APA in MS.
    • Mississippi SOS, Regulation and Enforcement Division
      • Dave Scott, Asst. MSSOS
      • Amy Foster, Senior Attorney
      • Connie Booker, Special Projects Officer
  • Supposed to have a Administrative Code in 2006? Yes.

  What happened? Cliffs Notes version given by Amy.  Bulletin, New rules, New deadline, June 30, 2011

  Code now? It’s on the way.

  What else is regulated by division? Funeral services and more…

New Mexico – John Martinez

  • The proposed amendments to the State Rules Act did not pass the Legislature
  • “Air Bubble” passed through the rulemaking pipeline
  • Permanent electronic New Mexico Register? http://www.digitalpreservation.gov
  • State Records Administrator is retiring

Oregon – Julie Yamaka

Rulemaking Bills in Legislature

  • Committee readings, never made it out of committee
  • Budget spared
  • Since April new system in use, robust notice system

Tennessee – Cody York

Rulemaking Moratorium – Governor Executive Order 45 days review

Less than 100 rules filed in 7 months.

Texas – Dan Procter

Rewrite of Oracle database COMPLETED!

  • Expands email alert options
  • Permits users to download entire chapters
  • Agencies will submit rules via web form (no more e-mail attachments)
  • Agencies will submit MS Word docs instead of tagged text files.
  • Documentation and receipts
  • Tables and graphics now part of database
  • Cloud server hosting

Virginia
Jane Chaffin, Division of Legislative Services

  • Forms uploads feature with links

Elizabeth Palin, Division of Legislative Services

  • Checks and Balances? Promulgate rules in law.
  • VW vs DMV, Supreme Court case – Legislation said DMV makes regulations, DMV did not
  • Bingo – regulations, agency had not made new regulations – 3 months window

West Virgina – Judy Cooper

3 governors in 1 year

Wisconsin – Bruce Hosely

  • Recall phase, 9 state legislators
  • Administrative procedures changes – new bill, governor has oversight in rules (previously legislative review)
  • Scope Statements, how will they be reviewed?
  • Electronic only publication of the Administrative Code,  law changes? by 2013?

Washington – Kerry Radcliff

  • Rulemaking Moratorium – Governor Executive Order
  • Electronic filings, 95 percent of agencies using system.

Utah – Ken Hansen

  • Documentatiing the behind the scenes rules processes
  • Partnership with the Division of State Libraries to digitize back issues of the rules publications
  • Governor’s business review regulation review initiative
  • Conversations with CommerNet about a project they are  developing
  • Changes the way we handle incorporation by reference.

Uniform Law Commission – John Martinez, ACR President 2:45 – 3 p.m. (Round Table: Authentication Canceled)

www.nccusl.org

  • Social Media Implementation
  • Colborn Award and Demonstration
  • Records Management and Regulations in a Digital Age
  • Making the MOST of Your Time
  • West Virginia Rulemaking
  • Executive Review — Implementing EO 13563
  • Round Table: Beyond Static HTML Pages

Vendors

Lexis-Nexis – Leslie Ostrander

  • e-books

DSCS – Jerry Balan

  • e-books
  • Fraud, waste and abuse

BNA – Karen Schneider

  • Compare Tools, CFR first files
  • Application software, Apps
  • October/November State Regs

CommerNet Inc. – Cliff Li

  • EReg initative
  • Present admin laws and statutes of federal and state governments and ordinance of county county governments.
  • Present historical versions, and rulemaking histories  of each rule
  • Unify search-and-acess interface for regs accross governments
  • Support features, public comments and e-mail alerts

2011 ACR Committees

Would you like to serve on one of these committees? Contact ACR President, John Martinez

2011 ACR Program Committee
Chair: Vacant

Member: Vacant

Member: Vacant

2011 Awards Committee
Chair: Vacant

Member: Vacant
Member: Vacant

2011 Web Committee

Chair: Jeff Hague, Deleware

Member: Scott Cancelosi, Arizona
Member: Jane Chaffin, Virginia

2011 Social Media Committee
Chair: Scott Cancelosi, Arizona
Member: Vacant
Member: Vacant

 

Register for the NASS 2011 Summer Conference in Daniels, WV

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Registration is now open for the NASS 2011 Summer Conference from July 10-13, 2011 in Daniels, West Virginia at the Resort at Glade Springs.  Click here for conference information and to register online!  To make room reservations call 877-540-3650 (Mon.- Sat.) and mention NASS.  The NASS room rate is $159 per night.  Deadline for the NASS early conference rate for registration and hotel reservations is Thursday, June 2, 2011.

Visit the registration website for summer conference details, including agenda, hotel information, family/spouse activities, exhibitor info and more! Check the website often for agenda updates.

When making transportation plans, we encourage you to either drive or fly to Yeager Airport (CRW) in Charleston, WV.  Yeager is serviced by most major airlines and has a non-stop service from Atlanta, Chicago, Houston, Detroit, Washington DC, New York and several other cities.  We will be offering limited shuttle service from Yeager Airport to Glade Springs and are negotiating a discounted car rental rate.

Legislative review may be up to voters

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A bill pending in Texas requires agencies to wait before adopting rules until the appropriate standing committee of each house reviews the rules. Under present law the legislature is limited to sending agencies a statement supporting or opposing adoption of a rule. The new legislative review authority, if adopted by the legislature, is contingent upon voters approving a constitutional amendment to provide for legislative review of rules.
H.J.R. 88

http://capitol.state.tx.us/tlodocs/82R/billtext/html/HJ00088I.htm

HB 1850
http://capitol.state.tx.us/tlodocs/82R/billtext/html/HB01850I.htm

Utah Governor Charges Cabinet to Review Regulations

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On January 26, 2011, in his State of the State address, Utah Governor Gary R. Herbert said that “most important ways government can nurture a business-friendly environment” is to  “make regulation fair”.  Then, taking a measured approach, Governor Herbert  said:

I understand that the purpose of government regulation is to maintain a level playing field. As a small business owner, I have also experienced the cost and frustration of over-reaching and irrational regulation. In order to separate regulations that serve an important purpose, from those regulations that serve no purpose at all, I have asked each member of my Cabinet to review existing business regulations and determine which could be kept, which should be modified, and which will be eliminated.

Governor Herbert’s state of the state address is available at http://www.utah.gov/governor/news_media/article.html?article=4169.  As more information becomes available about the implementation of this Cabinet-level review of regulation, it will be posted here.

SB 1339 – relating to administrative rules

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“Any agency final rule that has an impact on the private sector in this state is repealed from and after December 31, 2012”
See bill: http://www.azleg.gov/FormatDocument.asp?inDoc=/legtext/50leg/1r/bills/sb1339p.htm
(Posted Jan. 28, 2011)

SB 1339 (Administrative rules; repeal; legislative action) – SB 1339 Failed in the Senate third read March 14, 2011, with a 11-17-2 vote.
(Updated March 15, 2011)