14
Government Publications Review, Vol. 13, pp. 451-464, 1986 Printed in the USA. All rights reserved. 0277-9390/86 $3.00 + .OO Copyright D 1986 Pergamon Journals Ltd SUBJECT COMPILATIONS OF STATE LAWS IN FEDERAL AND STATE DOCUMENTS: A Research Guide CHERYL RAE NYBERG University of Illinois Law Library, 504 E. Pennsylvania Ave., Champaign, I1 61820, USA Abstract-Subject compilations of state laws are used to answer questions such as, “Which states have crime victims’ compensation programs?” and “What are the states’ laws on prayer or moments of silence in public schools?” Federal and state government documents are good sources of compilations and, because of their wide availability, compilations in documents are especially useful in non-law libraries. This article discusses the types of compilations found in government documents and the reference tools and techniques that are most useful in locating new compilations in documents. Several recent compilations are included in an Appendix to illustrate the types of compilations and documents discussed in the text. I. INTRODUCTION Government documents, both federal and state, have long been noted for the variety and richness of the information they contain. Historical, political, statistical, and practical an- swers are at the fingertips of the resourceful documents librarian. Another type of govern- ment-produced information, less often discussed, is the subject compilation of state laws. Such compilations can be used to answer questions such as, “Which states impose the death penalty for murder?” and “What are the state laws on joint custody and grandparent visita- tion?” In the past, reference librarians in law, academic, public, and special libraries have strug- gled to answer these questions because no single reference tool or database indexes all state statutes. The only alternative to performing a time-consuming state-by-state search of the statutes is to locate a compilation prepared by someone else. With the publication of two books in 1981 and 1984, access to compilations published in government documents, legal periodicals, treatises, and looseleaf services was greatly facilitated. Subject Compilations of State Laws: Research Guide and Annotated Bibliography by Lynn Foster and Carol Boast [l] (hereinafter referred to as Foster/Boast) won the American Association of Law Libraries’ 1981-82 Joseph L. Andrews Bibliographical Award “in recognition of , . . significant con- tribution to legal bibliography.” Nearly 1500 new compilations were located and annotated for Cheryl Nyberg and Carol Boast’s Subject Compilations of State Laws 1979-1983: Re- search Guide and Annotated Bibliography [2] (hereinafter referred to as Nyberg/Boast). Cheryl Rae Nyberg is Secretary/Treasurer of the American Association of Law Libraries’ Government Documents Special Interest Section, a member of the ILLINET Federal Depository Library Coordinating Council, and co- author of Subject Compilations of State Laws 1979-1983: Research Guide and Annotated Bibliography. 451

Subject compilations of state laws in federal and state documents: A research guide

Embed Size (px)

Citation preview

Government Publications Review, Vol. 13, pp. 451-464, 1986 Printed in the USA. All rights reserved.

0277-9390/86 $3.00 + .OO Copyright D 1986 Pergamon Journals Ltd

SUBJECT COMPILATIONS OF STATE LAWS IN FEDERAL AND STATE DOCUMENTS:

A Research Guide

CHERYL RAE NYBERG University of Illinois Law Library, 504 E. Pennsylvania Ave., Champaign, I1 61820, USA

Abstract-Subject compilations of state laws are used to answer questions such as, “Which states have crime victims’ compensation programs?” and “What are the states’ laws on prayer or moments of silence in public schools?” Federal and state government documents are good sources of compilations and, because of their wide availability, compilations in documents are especially useful in non-law libraries. This article discusses the types of compilations found in government documents and the reference tools and techniques that are most useful in locating new compilations in documents. Several recent compilations are included in an Appendix to illustrate the types of compilations and documents discussed in the text.

I. INTRODUCTION

Government documents, both federal and state, have long been noted for the variety and richness of the information they contain. Historical, political, statistical, and practical an- swers are at the fingertips of the resourceful documents librarian. Another type of govern- ment-produced information, less often discussed, is the subject compilation of state laws. Such compilations can be used to answer questions such as, “Which states impose the death penalty for murder?” and “What are the state laws on joint custody and grandparent visita- tion?”

In the past, reference librarians in law, academic, public, and special libraries have strug- gled to answer these questions because no single reference tool or database indexes all state statutes. The only alternative to performing a time-consuming state-by-state search of the statutes is to locate a compilation prepared by someone else. With the publication of two books in 1981 and 1984, access to compilations published in government documents, legal periodicals, treatises, and looseleaf services was greatly facilitated. Subject Compilations of State Laws: Research Guide and Annotated Bibliography by Lynn Foster and Carol Boast [l] (hereinafter referred to as Foster/Boast) won the American Association of Law Libraries’ 1981-82 Joseph L. Andrews Bibliographical Award “in recognition of , . . significant con- tribution to legal bibliography.” Nearly 1500 new compilations were located and annotated for Cheryl Nyberg and Carol Boast’s Subject Compilations of State Laws 1979-1983: Re- search Guide and Annotated Bibliography [2] (hereinafter referred to as Nyberg/Boast).

Cheryl Rae Nyberg is Secretary/Treasurer of the American Association of Law Libraries’ Government Documents Special Interest Section, a member of the ILLINET Federal Depository Library Coordinating Council, and co- author of Subject Compilations of State Laws 1979-1983: Research Guide and Annotated Bibliography.

451

452 CHERYLRAENYBERG

Used together, these two resources can save the librarian and the researcher of state laws great amounts of time and considerable frustration.

New compilations are published regularly; since mid-1983 over 100 compilations have been located in federal and state documents. Because state legislators amend and create new laws constantly, the individual who wants a compilation on a particular subject will want the most recently published compilation available. To find compilations in documents, the doc- uments librarian must use familiar sources in some unfamiliar ways.

The purpose of this article is to introduce documents librarians to a somewhat unfamiliar aspect of their collections. The value and use of subject compilations of state laws are ex- plored and the importance of federal and state documents highlighted. A profile of compila- tions in documents already located will suggest the most fruitful and efficient research aids and techniques to be used in the search for future compilations. Finally, to illustrate the di- versity of sources and formats of compilations in documents, the article concludes with a small selection of recent compilations.

II. COMPILATIONS GENERALLY

“What are the state laws on drunk driving ?” This simple question can cause an unsuspect- ing librarian hours of research time and endless frustration because there is no single, simple answer. Each state has the authority to pass laws that regulate countless aspects of its citi- zens’ lives. Each state publishes, or authorizes the commercial publication of, its state code, that is, a subject arrangement of the laws in force. But no state, federal agency, or private or- ganization has assumed the responsibility for collecting all of the current state laws on every subject in a single source. Surprising as it may seem in this era of almost universal automa- tion, no database vendor has made accessible the full text of, or an index to, all state laws through computer. Until the creation and availability of such a database, the determined librarian must find other ways of filling requests for compilations.

Subject compilations of state laws partially fill the void between the future state laws data- base and the tedious state-by-state research effort. Compilations appear in an assortment of formats and publications, but they share a common goal: to bring together the laws of the states on a given subject. The location of a compilation is a major step in the attempt to com- pletely answer the questions involving states’ laws. Depending on the amount and type of the information presented in the compilation and on the information needs of the requestor, the compilation may either be the final answer for the patron or the basis upon which the patron may build by updating the statutory references or by obtaining the complete text of the laws for further comparison and study.

Law librarians are not the only ones who have an interest in finding compilations; requests for this type of information come to reference librarians in all types of libraries. To patrons and librarians unfamiliar with legal research, this type of question seems very straightfor- ward and a quick answer may be expected. In fact, compilations enable non-law librarians to answer many law-related questions despite the lack of full sets of individual state statutes. Compilations in documents are especially helpful in the provision of comparative state law information in tabular or summary form. Very often, the public library patron or the non- law student only wants to know which states have laws on a particular topic or needs the an- swer to a specific question about the law, such as which states have mandatory license revo- cation provisions in their drunk driving laws. Compilations in documents are probably the most widely available compilations, thanks to the depository system and to the documents librarians who provide reference service to them.

Hundreds of compilations have been published in documents, and documents continue to

Subject compilations of state laws 453

be a fertile source of new compilations. A profile based on the compilations in documents found in Foster/Boast and Nyberg/Boast reveals that the most frequent publishers of com- pilations are congressional committees, the Justice Department, the Transportation Depart- ment, the Health and Human Services Department, and state legislative research and ref- erence agencies. Roughly half of all compilations in documents include statutory citations, an important feature that enables a researcher to locate the text of the laws in a law library or to request copies of the laws through the interlibrary loan network. More compilations are found in federal documents, although the greater numbers may reflect the superior biblio- graphic and physical access available for federal documents compared to state publications. Only a handful of states are responsible for publishing the majority of compilations found in state documents located to date: Arkansas, Colorado, Connecticut, ‘Hawaii, Illinois, Ken- tucky, Oregon, and Wisconsin. In fact, nearly half of the states are absent from the books and current file of compilations. The reason for this is unclear.

What is clear is that compilations are frequently difficult to locate using the traditional card catalog and its modern automated variations. Many compilations are found in foot- notes, tables, and appendices that are overlooked in indexing and subject cataloging. Even “cover to cover” compilations, documents whose sole or primary purpose is to compare state laws on a given subject, lack a subject heading that immediately identifies them. Instead, Library of Congress subject heading combinations such as “Abortion-Law and legisla- tion-united States-States” and “Marriage law-United States-States” are used, but they are certainly inadequate to separate compilations from the hundreds of other documents that are assigned these types of subject headings. Perhaps the most helpful hint given to find a cover- to-cover compilation is the presence of certain key words in the title. Documents whose titles contain one or several of the keywords listed in Table 1 below are good potential sources of compilations.

The importance of browsing through new documents in search of compilations cannot be underestimated. Browsing is the most reliable method for locating incidental compilations that are buried in footnotes and appendices. Only the librarian who sees all federal and state documents can hope to find all of the compilations published in those documents. Based on the experience of seeking compilations in documents for five years, the following sections discuss the reference sources that are the most likely to lead documents and reference li- brarians to documents that contain new compilations of state laws.

III. COMPILATIONS IN FEDERAL DOCUMENTS

Over 500 compilations in federal government documents are listed and annotated in Foster/Boast and Nyberg/Boast. Approximately one-third of them appear in congressional

Table 1. Title Keywords for Compilations

compilation digest law(s) legal

legislation regulation(s)

state(s) statute(s)

survey

454 CHERYLRAENYBERG

Table 2. Federal Agencies That Published Compilations 1979-83

Agencies Number

Advisory Commission on Intergovernmental Relations 3 Agriculture Department 3 Alcohol Fuels Commission 1 Architectural and Transportation Compliance Board 1 Civil Rights Commission 5 Commerce Department 1 Defense Department 5 Energy Department 3 Environmental Protection Agency 1 Federal Emergency Management Agency 2 Federal Trade Commission 1 General Accounting Office 1 Health and Human Services Department 21 Housing and Urban Development Department 4 Justice Department 26 Judiciary 1 Labor Department 4 Metric Board 1 President’s Commission for the Study of Ethical Problems 4

in Medicine and Biomedical and Behavioral Research President’s Commission on Employment of the Handicapped 1 President’s Council on Environmental Quality 1 Transportation Department 18 Treasury Department 1

committee hearings, prints, and reports. The remainder were published by congressional and presidential commissions and executive agencies. To illustrate the variety of agencies that have recently published compilations, Table 2 lists the noncongressional departments and agencies whose compilations were annotated in Nyberg/Boast and the number of compila- tions issued by each agency.

Two approaches to locating compilations in documents are noteworthy. One method is to locate the compilations as they arrive in the library or as notice of their publication is issued through the bibliographic literature. In taking this wide-net approach, the librarian browses new documents cover-to-cover, being alert for tables, charts, and appendices which often contain compilations. Reference aids that announce recently published documents must also be scanned for titles with the significant keywords listed in Table 1 or whose context other- wise suggests that a compilation may be present. A sensitivity to the types of concerns that are the subject of state regulation is also helpful. Many, perhaps most, documents librarians in selective depositories routinely review new documents to be able to alert library users to the availability of new documents in their areas of interest. This comprehensive approach re- quires a regular ongoing time commitment and is probably suitable only in libraries where the need for compilations is great.

The second, more commonly used, approach is the subject-specific search. The librarian who is asked the drunk driving penalties question will rarely be fortunate enough to find just such a compilation in that day’s depository shipment. The search method and tools (listed below) used in this approach are similar to those used in the known-item search. Keywords are again important and a familiarity with the names and functions of the numerous depart- ments and administrations within the executive agencies is especially useful.

Subject compilations of state laws 455

The ability to anticipate a likely issuer of a compilation on a particular subject permits a targeted and more efficient search of the research tools. As the code departments, commis- sions, and subagencies may be considered subject specialists, so may congressional com- mittees and research support units be considered generalists. That is, while the Transporta- tion Department publishes compilations in documents on traffic safety laws and child passenger restraint laws, the Congress holds and publishes hearings on the important political and popular issues of the day. These subjects of current interest are also the most likely to be pursued by patrons. Because of the superior indexing afforded congressional publications, the parallel between subject-oriented committees and subject-oriented execu- tive departments is not a significant factor in searching for compilations.

The librarian who takes the subject approach to locating compilations will spend more time per item found in the search, but less time overall since the search is initiated only upon the request of a patron. Obviously, this compilation search will not always be successful; not every legal topic, no matter how popular, has been the subject of a government-published compilation. In addition, many incidental compilations are effectively buried in documents and even subject and keyword searches are inadequate to unearth them. Indeed, it is cer- tainly possible to identify a document the title of which includes one or more of the compila- tion-suggesting keywords and is on the subject being sought but that does not contain the compilation desired.

The sources suggested below are listed in a general order from the most comprehensive and helpful to those of lesser utility.

1. CZWZndex and Abstracts. Bethesda, MD: Congressional Information Service, Inc., 1970-date. Monthly, indexes cumulated quarterly and annually.

This excellent service provides extraordinary in-depth indexing of the publications of con- gressional committees, the Office of Technology Assessment, and the Congressional Budget Office. The subject headings are determined by CIS staff from a controlled thesaurus that is revised and expanded as necessary. The indexing practice of CIS is to use the most specific subject term available; cross references from broader headings to narrower ones are usually not made. This practice would increase the difficulty of locating compilations if one had to rely exclusively on the subject approach. Fortunately, CIS adopted a new subject heading, “State laws,” in 1979 upon the suggestion of Carol Boast and Lynn Foster. Even though this heading is applied to documents that include a single state’s law on a topic in addition to real compilations, the “State laws” heading provides ready access to numerous incidental but far from inconsequential compilations.

Given the typical content of published hearings, from the testimony of government offi- cials and expert witnesses to reprinted documents, commercial reports, and legal articles, CZWZndex and Abstracts can lead the librarian to compilations in other government publi- cations and other printed materials. CIS is the single best search tool for locating compila- tions published in congressional documents.

2. Monthly Catalog of United States Government Publications. Washington: U.S. Gov- ernment Printing Office, 195 l-date. Monthly; indexes cumulated semiannually, annually, and every 5-10 years. GP3.28.

Recent indexing enhancements facilitate searching for executive agency compilations in the Monthly Catalog. The subject, title keyword, and author indexes are all helpful. Since the format change in July 1976, the Monthly Catalog has used Library of Congress subject headings, such as “Hazardous substances-Law and legislation-United States-States.” The ti- tle keyword index, which first appeared in 1980, permits a search for the keywords listed in Table 1 and for appropriate subject terms and synonyms that may not be present in the sub- ject index. Generally, the subject and keyword searches are effective at leading the librarian

456 CHERYLRAENYBERG

to potential compilations in documents and cover-to-cover compilations are most easily identified with this method. Incidental compilations will often escape notice, however, be- cause there is no subject heading comparable to CIS’s “State laws” heading. Using the U.S. Government Manual or familiarity with government organization, the documents librarian can select likely government authors. An author search will occasionally be successful when subject and keywords searches are not.

3. Daily Depository Shipping List. Washington: U.S. Superintendent of Documents. Daily. GP3.16/3.

Many documents librarians read the Shipping List for acquisitions purposes, and scanning the List for titles with the keywords from Table 1 is a simple extension of that function. Items that the selective depository does not choose can be requested from the issuing agency and for-sale publications can be ordered on the library’s GPO deposit account. Because many documents go out-of-print quickly, the librarian who is aware of a desirable document soon after its release stands a better chance at obtaining a copy for the library’s collection. Of course, the Shipping List is an important reference tool for the librarian who is identifying compilations before patrons ask for them; it is of no help in the subject-specific search.

4. Index to U.S. Government Periodicals. Chicago: Infordata International Incorpo- rated, 1973-date. Quarterly, cumulated annually.

A small number of compilations in documents appear in the periodical literature and this source provides an alternative to browsing each new issue of the dozens of likely periodicals. The 175 major government periodicals are indexed under a thesaurus. Compilations may be indexed under “subject- Laws and legislation” or under one of the following generic terms: “Law,” Legislation, ” “State government,” and “States.” It is interesting to note that all five of the compilations published by the Department of Defense between 1979 and 1983 were in footnotes and charts that appeared in articles in their law-related journals, e.g., Army Law- yer and Military Law Review. The small number of compilations in the document periodical literature and the absence of a “State laws” subject heading make using the Index a time- consuming effort.

5. CRS Studies in the Public Domain. Washington: Congressional Research Service, Li- brary of Congress, 1978-date. Semiannual. LC14.20.

Many of the compilations published in congressional documents have been prepared by the Congressional Research Service of the Library of Congress. Although CZS/Zndex and Abstracts do an excellent job of abstracting congressional committee hearings and prints, oc- casionally a compilation will not have been indexed under the “State laws” heading. In these instances, CRS Studies may be helpful in locating the compilation. This reference tool is arranged by broad categories, such as “Business, Industry, and Consumer Affairs” and “Law, Crime, and Justice.” The descriptive titles of the CRS reports are quite helpful in de- termining whether a compilation may be present as part of the report, and many of the keywords are often included in the titles. A major flaw of this resource is the omission of Superintendent of Documents numbers for the hearings, prints, and reports in which the CRS studies appear. This title can be of use in both types of compilations searches, the com- prehensive search and the subject-specific search.

6. “Notable Documents Section,” Government Publications Review. New York: Per- gamon Press, 1973-date. Appears in last issue of each volume.

Although this listing is necessarily selective, a fair number of cover-to-cover compilations are included and the brief descriptive reviews make identifying compilations easy. The alpha- betical arrangement by title is of no help in locating compilations and use of the category in- dex is handicapped because the entries are numbered sequentially from one section to another. Looking at the entry numbers under the subject “Law,” one cannot immediately tell

Subject compilations of state laws 457

whether the entries are part of the section dealing with federal depository documents, state publications, or documents from the United Nations and other international organizations. This listing is not, therefore, very helpful in the subject-specific search. Librarians who con- duct comprehensive searches for compilations, however, will browse through the entire list- ing as a matter of course, so the indexing problem is not an obstacle for them.

IV. COMPILATIONS IN STATE DOCUMENTS

Nearly 300 compilations in state documents are listed and annotated in Foster/Boast, Nyberg/Boast, and the author’s current file of compilations found since mid-1983. The great majority of compilations in state documents are published by the states’ legislative research agencies. These agencies, which are also called legislative councils and legislative reference bureaus, perform a function similar to that of the Congressional Research Service; they con- duct research and issue reports and studies upon requests from legislators. A common re- quest that yields compilations is the request for information on the legislative or regulatory activity of other states in response to a problem or issue. Comparative state information is then used by the legislators in decision making. Given the apparent importance and relevance of such information to the legislative process, it is surprising that many more compilations do not appear in state publications.

Several factors contribute to this situation. Publication, distribution, and bibliographic access to state publications are uneven. A few states have strong depository laws, compre- hensive and timely checklists, and free or inexpensive publication policies. Most states have weaker, less effective depository laws or no depository law at all; incomplete and delay- plagued checklists; and little or no control over the cost or availability of documents to li- braries outside the home state. Margaret Lane’s excellent handbook, State Publications and Depository Libraries [3] discusses the various state depository laws, distribution programs, and bibliographic access problems in detail.

The reports of the legislative research councils may escape inclusion in the state’s checklists and may not even be distributed to state depositories, including the Library of Congress’s Exchange and Gift Division, when it is designated by the depository law or by the adminis- trator of the distribution program as a depository library. Individual state checklists and LC’s Monthly Checklist of State Publications are two primary acquisitions tools for state documents and the noninclusion of many legislative reference bureaus’ publications poses ; serious problem for the librarian who is looking for compilations in state documents.

This annoying situation is aggravated by the fact that there is a privately maintained data- base that can provide access to compilations published by legislative reference bureaus: the LEGISNET system developed by the National Conference of State Legislatures (NCSL) in Denver, Colorado. According to the latest guide to the programs and services of the NCSL,

LEGISNET consists of two major data bases: (1) Legislative Information System (LIS) contains abstracts of thousands of legislative research reports, public policy documents, and enacted legislation on selected topics. LIS also holds the full text of numerous 50-state surveys, NCSL journal articles, and information briefs; (2) Public/Private Legislative Exchange (PPLE) contains private sector and association research reports and memorandums. Access to LEGISNET is available at no charge to all legislatures and legislative service agencies, either directly through computer terminals in the state capitals or by contacting NCSL [4].

Obviously, a librarian with access to this database can find a number of compilations quickly and with little trouble. To date, NCSL has been unwilling to allow other individuals or insti- tutions access to the database.

458 CHERYLRAENYBERG

Until such time as LEGISNET is made available outside of the legislatures, documents librarians must contend with the current state of state documents acquisitions. Knowing the names of legislative reference agencies that have published compilations of state laws in the past will be helpful when scanning the acquisitions tools. Table 3 lists state legislative ref- erence and research agencies that are potential publishers of compilations and those agencies whose compilations appear in Foster/Boast, Nyberg/Boast, and the current file. The latter are asterisked. Some states have more than one agency listed.

As a rule, state document titles are very accurate descriptors of the contents of the documents. Many documents that contain compilations have several of the keywords from Table 1 in their titles. Reports and memorandum from the legislative reference agencies also tend to be brief, from several to 40 or 50 pages in length, so locating compilations within the documents takes little time.

Occasionally, other state departments and agencies include compilations in their docu- ments. One particular type of report shows promise as a potential source of new compila- tions: sunset reviews of state agencies. Most states now have sunset laws under which agen- cies, boards, commissions, and departments must justify their continued existence on a periodic basis. One factor used to evaluate the need for an agency is the presence and func- tion of parallel agencies in other states. By way of comparison, the laws that established those agencies and that outline their scope, purpose, and function are often presented. Such comparisons constitute compilations.

The acquisitions tools that are used for general state documents purposes are also used for locating compilations. Because many libraries routinely receive on deposit or otherwise ac- quire documents from their own state and very selectively obtain documents from other states, the documents librarian who wants to provide access to compilations in state documents must be prepared to search the acquisitions tools with compilations in mind. In other words, the comprehensive search for compilations is the one most likely to find com- pilations in state documents. Once the documents are part of the library collection and are made known to library users through the card catalog and bibliographies, then they are available to answer the subject-specific request.

1. Individual state checklists are available free from most states through the state library, the documents distribution center, or some other institution. Most libraries that routinely ac- quire state documents are already on the mailing lists for these checklists. With exceptions that vary from state to state, most state documents appear in the checklists. Many checklists are issued on a regular basis: biweekly, monthly, quarterly, or annually. Although a number of checklists do provide some subject access, most checklists are arranged by agency. Fa- miliarity with the keywords from Table 1 and the legislative reference agencies from Table 3 will facilitate the identification of potential compilation documents. Research reports and memoranda are often good sources of compilations. Even if the documents librarian chooses not to try to obtain the likely titles for the library’s collection, he or she might maintain a local list of such titles for later reference and interlibrary loan use.

2. Library of Congress, Exchange and Gift Division. Monthly Checklist of State Publica- tions. Washington: U.S. Government Printing Office, 1910-date. Monthly, annual subject index. LC30.9.

Every documents librarian is familiar with this source, which recently celebrated its 75th anniversary with a short history of its publication life in the December 1984 issue. Because of the agency arrangement and the number of entries per issue, browsing the Checklist is a time- consuming job. However, the documents librarian who actively acquires state documents for the library collection will usually spend the time to do so. Once again, the keywords from

Subject compilations of state laws

Table 3. State Legislative Research/Reference Agencies

459

Alabama Legislation Council Alabama Legislative Reference Service Alaska Legislative Reference Arizona Legislative Council Arkansas Bureau of Legislative Research* Arkansas Legislative Council* California Legislative Counsel California Legislature Assembly Office of Research* California Legislature Senate Office of Research Colorado Legislative Council* Connecticut Office of Legislative Research* Delaware Division of Research District of Columbia Legislative Counsel Georgia Office of Legislative Counsel Hawaii Legislative Reference Bureau* Idaho Legislative Council Illinois Legislative Council* Indiana Legislative Services Agency Iowa Legislative Council Iowa Legislative Service Bureau Kansas Legislative Coordinating Council Kentucky Legislative Research Commission* Louisiana House Legislative Services Louisiana Senate Research Services Administration Maine Legislative Research Office Maine Office of Legislative Assistants* Maryland Department of Legislative Reference* Massachusetts Legislative Council* Massachusetts Legislative Research Bureau* Michigan Legislative Service Bureau Minnesota House Research Department Minnesota Senate Legal and Research Services Office Missouri Committee on Legislative Research Missouri House Research Staff Missouri Senate Research Staff Montana Legislative Council* Nebraska Legislative Research Office Nevada Legislative Counsel Bureau* New Hampshire Office of Legislative Research New Jersey Legislative Counsel New Jersey Division of Legislative Information and Research New Mexico Legislative Council Service New York Senate Research Service North Carolina Legislative Services Office North Dakota Legislative Council* Ohio Legislative Service Commission* Oklahoma House Director of Research Oklahoma Senate Committee Staff Oregon Legislative Administration Committee* Oregon Legislative Council Oregon Legislative Research Office* Pennsylvania Joint State Government Commission Rhode Island Legislative Council* South Carolina Legislative Council South Dakota Legislative Research Council*

460 CHERYL RAE NYBERG

Table 3. (Continued)

Tennessee Legislative Service* Texas Legislative Council Utah Office of Legislative Research and General Counsel Vermont Legislative Council Virginia Division of Legislative Services Washington House Office of Program Research Washington Senate Committee Services West Virginia Office of Legislative Services Wisconsin Legislative Council* Wisconsin Legislative Reference Bureau* Wyoming Legislative Service Office

*Legislative research offices that have published subject compilations of state laws.

Table 1 and the legislative reference agencies from Table 3 are often present to signal the presence of a potentially useful compilation.

Despite the availability of an annual subject index, searching the Monthly CheckZist by subject is virtually impossible. There is no single subject heading that brings compilations or titles of possible compilations together. Entries under an individual subject merely identify the states that have published documents on that subject during the year; no titles are given in the index. For example, under the subject “Mental health laws” in the 1982 index are entry numbers for Michigan, Oregon, and Texas. It is impossible to tell from the index whether those entries represent reprints of those states’ mental health laws (as is often the case) or if they perhaps represent studies of legislative reference bureaus that might contain compila- tions. The search for a compilation on a specific subject would then entail moving from the index to the individual issues.

3. State Government Research Checklist. Lexington, KY: Council of State Governments, 1947-date. Bimonthly.

For locating compilations published by legislative reference agencies, this source provides the most up-to-date and comprehensive information available. The list is compiled from documents received by the States Information Center and is devoted to research reports issued by legislative service agencies, other state study committees and commissions, federal agencies, and trade and industry groups. Entries are arranged under convenient subject headings, such as “Day care centers-licenses” and “Firearms-Laws and regulations.” Com- pilations are often found in this source before they appear in LC’s Monthly Checklist of State Pub/ications, and sufficient bibliographic information is provided so that copies may be requested from the issuing agency or obtained through interlibrary loan. OCLC numbers are often provided.

4. “Notable Documents Section,” Government Publications Review. New York: Perga- mon Press, 1973-date. Appears in the last issue of each volume.

This annual review of documents includes a section on state documents that were selected for their value as reference and research sources. Compilations certainly meet that descrip- tion, and several compilations are usually included in the listing. The arrangement is by state and addresses and prices are provided for ease of ordering. Almost all of the documents here could be found earlier in the other sources discussed in this section, but the annotations do provide some useful information, particularly for those publications the titles of which may not have suggested the presence of a compilation.

Subject compilations of state laws 461

V. CONCLUSION

Although this article has dealt exclusively with compilations in documents, readers who are interested in compilations should be aware that a great number of compilations are avail- able in other types of material, such as legal periodicals, books, looseleaf services, and court reports. Locating these compilations is considerably more labor-intensive; the most satis- factory approach is to look through each item page by page. That is the technique that was and is the basis for the entries found in Foster/Boast, Nyberg/Boast, and the author’s new 1983-85 bibliography. Certainly, few librarians have the time or the need to engage in that level of compilation-searching, but it can be done and the results are often surprising and satisfying.

Despite the difficulty and effort required to find them, compilations of state laws in fed- eral and state documents are valuable and important aids used to answer troublesome com- parative law questions. Cover-to-cover compilations are particularly good at presenting in- formation on how the state laws differ on a subject and are the easiest type of compilation to locate. Incidental compilations generally provide less substantive information and are harder to find but frequently include statutory citations that are needed to update the compilation or to obtain copies of the full text of the laws. The documents librarian who is aware of the presence and use of these compilations will increase the use and appreciation of the govern- ment documents collection and will enjoy the ability to “pull a rabbit out of a hat,” to find the elusive answers to questions on state laws.

APPENDIX

Samples of Compilations in Documents

These seven compilations illustrate the variety of documents that may contain compilations and the range and type of information that may appear in compilations. Readers who are as yet unfamiliar with Foster/Boast or Nyberg/Boast will also obtain a better understanding of what a compilation is and what questions may be answered with a compilation by consider- ing these examples. These few compilations are representative of the over 100 compilations in documents available in the author’s 1983-85 bibliography.

Following the formats established in Foster/Boast and Nyberg/Boast, each compilation has two parts: the bibliographic component and the annotation. The bibliographic com- ponent includes standard bibliographic information as well as Library of Congress call numbers and Dewey call numbers (as assigned by the Library of Congress), Superintendent of Documents numbers (SuDoc), CIS entry numbers, LC card numbers, and, when those numbers are unavailable, OCLC numbers. This additional information is provided to facili- tate locating the documents in depository collections and requesting copies from the issuing agencies or through interlibrary loan.

The annotations pinpoint the location of the compilation within the document and pro- vide information on the format and content of the compilation. Compilations in government documents usually appear in one of the following formats (although not all formats appear in the following examples):

1. Full text: entire text of the laws is reprinted and cited; 2. Summaries: paraphrases of the laws usually accompanied by citations; 3. Tables: characteristics of the laws with citations included;

462 CHERYLRAENYBERG

4. Charts: checklists with no comments or citations; 5. Citations only; and 6. Lists: names of states listed under general categories.

The type of source cited in the compilation is also indicated, including constitutions, bills, session laws, codes, regulations, and court rules. The coverage statement provides additional detail on the topic or topics covered by the compilation. When ten or fewer states have laws on the subject of the compilation, the states are listed. Territorial possession of the United States are also listed when their laws have been included in the compilation. Individuals and organizations who prepared the compilations are mentioned when they are not also the author or publisher of the document.

FEDERAL

Executive agency

U.S. Department of Agriculture. 1984 Yearbook of Agriculture: Animal Health: Live- stock and Pets. Washington: U.S. Government Printing Office, 1984. 646 pp. LCCN S21.A35. DDC 630.58. SUDOC Al.10:984. LC 04-18127//r854.

Pp. 614-15, “Pet Animal Control Laws.” Table. No citations. Covers authorized agencies, rabies control and vaccinations, minimum age and vaccination intervals of cats and dogs, dog control laws, leash laws, and restrictions on excrement.

Pp. 616-18, “Interstate Shipment Requirements-Dogs/Cats.” Table, No citations. Covers health certificates, rabies vaccinations, and minimum ages. Includes Canada.

Pp. 619-21, “Exotic Animal Control Laws and/or Regulations.” Table. No citations. Covers skunks, raccoons, cats, dogs, primates, turtles, birds, poisonous animals, wild animal laws, and Easter chick laws.

Congressional committee hearing

U.S. Congress, House, Committee on Energy and Commerce, Subcommittee on Health and the Environment. Health and the Environment Miscellaneous- Part 7: Hearings. . . on Toy Safety Act of 1984-H.R. 5630, Steel Jaw Leghold Traps-H.R. 1797, Amusement Park Safety- H.R. 5788, H.R. 5790, and H.R. 5982,98th Cong., 2d Sess., May 31, Aug. 3, and Aug. 6, 1984. Washington: U.S. Government Printing Office, 1985. 876 pp. LCNN KF27.E553 1983i. DDC 344.73/04 or 347.3044. SUDOC Y4.En2/3:98-170. CIS 1985 H361-44. LC 83-603504//r85.

Pp. 79-81. Table. Cites to codes and regulations. Covers the 20 states that require the in- spection of amusement rides at fixed park sites. Prepared by the U.S. Consumer Product Safety Commission. Note: Table reprinted on pp. 842-44.

Commission

D.T. Skelton Service Associates, Inc. Campaign Finance Law 84: A Summary of State Campaign Finance Laws with Quick Reference Charts. Washington: U.S. Federal EIection Commission, National Clearinghouse on Election Administration, 1984. var. pp. SUDOC Y2.E12/3:5C15/3.

Subject compilations of state laws 463

“Part I, Quick Reference Charts.” Tables. No citations. Covers campaign finance report filing requirements, contribution and solicitation limitations, and special tax and public financing provisions.

“Part II, Summaries of State Campaign Finance Law.” Lengthy summaries. Cites to codes, regulations, attorney general opinions, and administrative decisions. Covers contri- bution and solicitation limitations, expenditure limitations, reporting requirements, public financing, tax provisions, offenses and penalties, and regulatory agencies. Current as of Dec. 1983.

Periodical article

Hughes, James A. “Retaliatory Eviction.” Military Law Review 102 (1983): 143-56. (Dept. of the Army Pamphlet No. 27-100-102) LCCN K13.14. DDC 343/.73/01. SUDOC D101.22: 27-100-102. LC 58-62115/L//r81.

Pp. 154-54, “Appendix A, State Statutes Addressing Retaliatory Eviction.” Chart. Cites to codes at p. 155, “Appendix B, Retaliatory Eviction Statutes.” Covers the 27 states that prohibit retaliatory evictions and other related practices.

STATE

Legislative research agency

Science Research Annual, Volume III, July-December 1980. Springfield, Ill.: Illinois Leg- islative Council, Science Unit, 1984. 105 pp. (Publication 185) OCLC 11209443.

Pp. 7-9, “File 80-670, State Bottle Laws.” Chart and citations. Cites to session laws and codes. Covers bans on pull tabs, assessments for litter control and recycling, mandatory deposits, and bans on nonbiodegradable plastic containers. Includes 20 states. Prepared by Keith E. Jackson.

Pp. 15-17, “File 80-568, Sudden Infant Death Syndrome Legislation.” Chart and cita- tions. Cites to codes. Covers autopsy provisions, parental notification of autopsy results, parent counseling, and reports to the legislature. Includes 11 states. Prepared by Keith E. Jackson.

Pp. 3 l-39, “File 80-099, Health Service Corps and Medical Scholarship Programs.” Essay and chart. Cites to constitutions, bills, and codes. Covers the 24 states that have “medical scholarship or loan programs linked to service requirements.” Prepared by Theresa A. Walker.

Pp. 81-86, “File 80-513, Motor Vehicle Safety Inspection Programs.” Essay. No citations. Lists the 29 states with motor vehicle inspection laws that cover passenger cars and trucks and the 11 states that authorize spot inspections.

Legislative committee

Regulation of Acupuncture in Florida. [Tallahassee], FL: Florida Senate, Economic, Community, and Consumer Affairs Committee, 1983. 113 pp. LCCN KFF326.5.A25A25 1983. DDC 344.75910419 or 347.5904419. LC 84-622195.

464 CHERYLRAENYBERG

Pp. 26-63, “IV. Acupuncture Regulation in Other States.” Essay and summaries. Some citations to codes and regulations. Covers the nine states that “license acupuncturists for in- dependent practice” (pp. 30-53). Includes California, Florida, Hawaii, Montana, Nevada, New Mexico, New York, Oregon, and Rhode Island. Covers the eight states that “allow acu- puncturists to practice under supervision” (pp. 53-58). Includes Connecticut, Louisiana, Maryland, Massachusetts, South Carolina, Tennessee, Texas, and Washington. Covers the 11 states that consider acupuncture to be within the practice of medicine and that require a licensed physician to obtain further training or that impose other restrictions on the practice of acupuncture.

P. 108, “Appendix H, States Which Consider Acupuncture as the Practice of Medicine with No Other Requirements for Practice by Physicians.” List. No citations. Includes 21 states.

Executive agency

Legal and Institutional Analysis of Louisiana’s Water Laws with Relationship to the Water Laws of Other States and the Federal Government. [Baton Rouge], LA: Louisiana Department of Transportation and Development, 1983. 6 ~01s. LCCN KFL446.L43 1983. DDC 346.76304/691 or 347.63064691. LC 83-623307.

Vol. 1: P. 105, fn. 44. Citations only. Cites to codes. Covers the nine western states that have separate ground water laws based on their previous water appropriation laws. Includes Colorado, Idaho, Montana, Nevada, New Mexico, Oklahoma, Oregon, Washington, and Wyoming. Covers the five western states that have water appropriation laws that apply to percolating ground water. Includes Alaska, Kansas, North Dakota, South Dakota, and Utah.

Note: Vol. 3, “Extended Analysis of Water Laws of Other States,” includes Arkansas, Florida, Mississippi, Oklahoma, and Texas. Vol. 5, “Selected Water Law Statutes and Cases of Other States and the Federal Government,” provides the full text of Arkansas, Florida, Mississippi, Oklahoma, and Texas laws.

Note: Contractor: Due’, Dodson, deGravelles, Robinins & Caskey; General Editor: James M, Klebba; Contributing Editors: Thomas M. Schoenbaum and A.N. Yiannopoulos.

REFERENCES

1. Lynn Foster and Carol Boast, Subject Compilations of State Laws: Research Guide and Annotated Bibliography (Westport, CT: Greenwood Press, 1981).

2. Cheryl Nyberg and Carol Boast, Subject Compilations of State Laws 197943: Research Guide and Annotated Bibliography (Westport, CT: Greenwood Press, 1984). A new annotated bibliography, covering nearly 1500 new compilations located and published during the period 1983-1985, will be available summer 1986. For further in- formation, contact Carol Boast/Cheryl Nyberg, 716 W. Indiana Ave., Urbana, IL 60801-4836.

3. Margaret Lane, State Publications and Depository Libraries (Westport, CT: Greenwood Press, 1981). 4. National Conference of State Legislatures, A Guide to the National Conjerence of State Legislatures 1985

(Denver: NCSL, 1985), p. 5.