Midwest THe MIDwesTeRN OffICe Of THe COuNCIL Of sTATe GOVeRNMeNTs
Vo l. 2 0 , No. 1 2 • D e ce mbe r 2 0 1 1
CSG Midwest Issue Briefs 2
Decisions on oil pipeline
run through Midwest
• States strengthening review of increases
in health care premiums
• State export-promotion programs
getting a boost
• Change in federal law could lead to horse
processing facilities opening again
• State, provincial lawmakers raise concerns Nebraska special session shows role for states in
about impact of “Buy American” proposal
project that aims to boost U.S. use of Canadian oil
Around the Region 4
Fiscal data show states being squeezed;
by Ilene Grossman (firstname.lastname@example.org)
policies on health care for retired legislators
ransCanada has faced many hurdles
Question of the Month 5 in its multi-year effort to get a new The Keystone XL pipeline project: A time line of the
What are the similarities and differences in
states’ graduated driver’s license laws?
1,700-mile oil pipeline built. application and approval process
But this fall, the energy infrastructure September 2008 — TransCanada application to build pipeline received by u.s. state
Feature Story 6 company ran up against perhaps its stiffest Department, which publishes a notice of intent to prepare environmental impact statement, meets with
Federal legislation would strip Great Lakes opposition yet — from concerned residents communities/tribes along the route and consults with other federal agencies.
states of authority on ballast water permitting and lawmakers in the state of Nebraska.
April 2010 — Draft environmental impact statement issued, followed by public meetings and
“Every Nebraskan has an opinion about comment period.
Profile 8 two things right now,” state Sen. Ken Haar
Kansas Rep. Paul Davis said in advance of a special legislative session April 2011 — supplemental draft environmental impact statement issued, followed by
called by the governor in November, “Big
FirstPerson 9 August 2011 — final environmental impact statement concludes that the Keystone XL
Red football and the Keystone pipeline.”
Kansas Sen. Tim Owens on his state’s pipeline would not cause any significant impact to resources along the pipeline route.
new law to prevent drunk driving Public outcry over the Keystone XL
pipeline being routed through the Sandhills, September 2011 — Review period begins with public meetings in states and consultations
CSG News & Events 10 an ecologically sensitive area of the state that with at least eight federal agencies.
• CSG policy academies foster collaboration, also contains areas of shallow groundwater, November 2011 — Nebraska unicameral Legislature holds special session due to concerns
learning among state legislators had been building for months. about pipeline being routed through sandhills and Ogallala Aquifer.
• Donna Brazile, Rich Galen and P.J. O’Rourke to be That outcry ultimately resulted in a
featured speakers at 2012 MLC Annual Meeting November 2011 — TransCanada agrees to work with the state of Nebraska on developing an
special legislative session in November, new
alternative route for the pipeline.
Capitol Clips 12 laws that will beef up Nebraska’s oversight
of future oil-pipeline projects, and an agree- November 2011 — Citing the need to explore alternative routes for the pipeline, the u.s.
• Caught on tape: Illinois legislature OKs use state Department announces that a final decision will be delayed until at least the first quarter of
of speed cameras near parks and schools ment to reroute the proposed pipeline away
2013. Previously, an announcement on whether to grant a presidential permit for Keystone XL had
• Fracking legislation: Differing proposals from the Ogallala Aquifer, a critical resource been expected by the end of 2011.
emerge on use of oil and recovery process for irrigation and drinking water.
• Leaving No Child Left Behind: States seeking The events in Nebraska were also cited any new proposal from TransCanada or already had on the books.
waivers for new direction in education policy by the Obama administration when it an- other pipeline projects. In Montana, for example, the state’s
• Paperless legislatures: Indiana latest state trying nounced that a decision on whether to grant Prior to those measures being passed, Major Oil Pipeline Siting Act requires
to cut down on use of paper during session
the necessary presidential permit for the Haar says, Nebraska had lacked the kind that major projects apply for certification
project would be delayed until 2013. of pipeline-siting laws that some states from the Department of Environmental
Stateline Midwest is published 12 times a year A final decision was originally ex-
PLeASe TuRN TO PAGe 6
by the Midwestern Office of pected by the end of 2011. As a result, the
The Council of State Governments. controversy over constructing a pipeline Alberta oil sands
Annual subscription rate: $60. that would bring oil from Alberta’s oil development, mining
To order, call 630.925.1922. sands to U.S. refineries and consumers and exploration
will continue over the next year. continues, as does
the controversy over
plans to build a
More state oversight of pipelines pipeline that would
During Nebraska’s special session, allow much more of
CSG Midwestern Office Staff TransCanada — the energy infrastructure this oil to be shipped
Michael H. McCabe, Director company that developed plans for and will to and used in the
Tim Anderson, Publications Manager own the pipeline — agreed to work with U.S. The pipeline
Cindy Calo Andrews, Assistant Director the state of Nebraska on a new route. expansion would go
Ilene K. Grossman, Assistant Director through the Midwest.
Lisa R. Janairo, Senior Policy Analyst The Legislature, meanwhile, passed
(photo: David Webb/
Laura Kliewer, Senior Policy Analyst two bills to improve state oversight over
Gail Meyer, Office Manager
Laura A. Tomaka, Senior Program Manager
Kathryn Tormey, Policy Analyst/Assistant Editor
Kathy Treland, Administrative Coordinator and Meeting Planner
CSG MidweSt Issue Br Iefs
Issue Briefs cover topics of interest to the various groups and policy committees
associated with the Midwestern Office of The Council of State Governments. Located
in suburban Chicago, CSG Midwest provides staffing services for the Midwestern
Legislative Conference, Great Lakes Legislative Caucus, Midwest Interstate Passenger Rail
Commission and Midwestern Radioactive Materials Transportation Committee. More
information is available at www.csgmidwest.org.
Health & Human Services
— in at least some insurance markets.
With new laws and technologies, State authority to approve or deny South Dakota is the most recent Midwestern state
states strengthening review of health insurance premium increases to pass prior-approval legislation. SB 43, signed into
rate increases by insurers law in March, gives state regulators the ability to
arlier this year, the federal government issued approve or deny rate increases in the individual health
its first request for a health insurer to justify insurance market. Companies in the small-group
a premium increase. market are subject to “file and use” rules: They must
Under the 2010 Affordable Care Act, insurance publish their rates in advance of implementation, but
companies must explain premium hikes of 10 percent the state cannot block changes in rates.
or more. The goal of this provision is to make sure Every Midwestern state except Iowa has been
insurance companies are basing their rates on sound awarded the $250 million in federal grants (part of
data and that they are being fair to the consumer. the Affordable Care Act) designed to set up or improve
But how proposed increases are handled varies rate-review programs. As a result of the first cycle of
widely from state to state. The insurance company State has prior-approval authority in individual
funding, awarded in 2010, nine U.S. states passed
that was flagged in November, for example, is based and small-group markets* legislation to enhance rate review. During the most
in Pennsylvania — one of a handful of states in which Prior-approval authority in No prior-approval recent round of funding, granted in September, seven
the federal government is reviewing health insurance individual market authority states are introducing legislation to strengthen their
rates. In these states, the U.S. Department of Health * In Michigan, the state has prior-approval authority only for HMOs rate-review programs, according to HHS.
and Blue Cross and Blue Shield plans.
and Human Services has determined that state of- States are also using federal funds to hire more
ficials are not able to properly monitor rate hikes. Source: Kaiser Family Foundation staff, upgrade the technology used to collect and
In these states, the federal government cannot analyze data, and improve consumer access to
force insurance companies to lower a proposed to monitor insurance rates. In 26 of these states, information. Indiana, for example, launched a “Rate
increase; it can only require them to explain reasons regulators have the authority to reject the increases Watch” website for residents to search insurance
for the hike and post them online. proposed by health insurance companies. Nine companies’ rate filings.
But in 42 U.S. states, including all 11 in the Midwestern states (all but Illinois and Wisconsin) The federal government will award more grants
Midwest, “effective rate review” programs exist have this ability — known as prior-approval authority to states in 2012.
Brief written by Kate Tormey, who serves as staff liaison to the Midwestern Legislative Conference Health & Human services Committee. she can be reached at email@example.com.
The committee’s co-chairs are Illinois sen. Mattie Hunter and south Dakota sen. Jean Hunhoff.
With new federal grants, states beyond states’ control, from the monetary and tax
policies of national governments, to international Amount of federal grants to states under
target increase in export activity trade agreements, to demographic changes and rst year of pilot State Trade and Export
among small businesses economic conditions in overseas markets. Promotion program
he Midwest’s economy has long been reliant But states do have a role to play.
Did not apply
on the ability of agricultural producers, In fact, through their international develop- for grant
manufacturers and others to export their ment offices and services, states have proven to be $454,000
goods and services to foreign markets. important partners and resources for many small
In 2008, export activity accounted for close to or businesses wanting to become exporters. Now, $1.5
more than 10 percent of total state gross domestic these state-level assistance programs are being million
product in most of the 11 Midwestern states, ac- given the chance to expand. $311,000
cording to the Business Roundtable. (Its study found Every Midwestern state except North Dakota million
a range of between 4.5 percent of total GDP in South has applied for and secured a federal grant under
Dakota and a high of 11.8 percent in Michigan.) the State Trade and Export Promotion program, a
But is the Midwest — and the nation as a whole pilot initiative included in the Small Business Act
— meeting its export potential? Some data would of 2010. The Council of State Governments and the Source: U.S. Small Business Administration
suggest no. State International Development Organizations
First, many U.S. trade competitors and partners (an affiliate of CSG) were instrumental in getting the market analysis and foreign language translation, for
have much higher export figures relative to their legislation through the U.S. Congress. example), and expand efforts to match in-state sellers
total GDP. According to a 2010 Brookings Institution First-year grant awards under the program will with overseas buyers.
report, for example, exports accounted for 35.8 increase total state spending on export promotion Kansas, for example, is targeting help for its
percent of GDP in China and 35.1 percent in Canada. by more than 30 percent, with some states doubling agricultural sector, with plans to have new trade
Second, only a small portion of American firms (less their export budgets. shows and missions that link producers with key
than 1 percent) currently sell their goods or services In the Midwest, states plan to sponsor new trade foreign markets such as Germany, Russia and China.
to markets outside the United States. shows and missions, provide more training programs Wisconsin will focus on helping small and medium-
Many of the factors influencing export activity are and technical assistance (marketing services, sized firms expand sales activities in India.
Brief written by Tim Anderson, who can be reached at firstname.lastname@example.org. Ohio Rep. Ted Celeste and south Dakota sen. Mike Vehle serve as co-chairs of the Midwestern Legislative
Conference economic Development Committee.
2 STATELINE MIDWEST December 2011
Agriculture & Natural Resources
Rising problem of unwanted According to the U.S. Government Accountability adopted like-minded resolutions.)
horses could lead to return of Office, state investigations of horse neglect are up 60 “I believe that we have people in South Dakota
percent since domestic horse slaughter ended in that will build or convert a plant to process horses,”
once-banned processing facilities 2007. Almost all states have reported significant says Sutton, who, like many horse owners, has been
he door is open for horse processing to return increases in the number of horses abandoned on confronted with the problem of what to do with a
to the Midwest. state and private lands, a horse that is no longer serviceable.
In 2007, the region’s lone horse processing plant problem exacerbated by The cost of euthanizing and disposing of an un-
— in the Illinois town of DeKalb — was closed as a result rising costs for hay and feed. wanted horse can run upward of $800. An American
of Illinois HB 1711, which made it unlawful to slaughter The idea of slaughtering Horse Council study found that the maximum
a horse for human consumption. But some recent state horses, though, does not sit capacity for all horse rescue operations in the United
and federal actions now point to the possibility of new well in a country where the States is about 18,060 horses per year. The annual
processing facilities opening in the region. animals are treated as com- cost to maintain one horse averages $2,300.
At the federal level, a de facto ban on horse slaughter panion animals or pets and In Nebraska this year, a bill (LB 305) to create a
had been in place for several years: A rider in the an- not thought of as livestock. state meat inspection program was signed into law.
Sen. Billie Sutton
nual U.S. Department of Agriculture appropriations bill Leading the opposition to The bill did not mention horses, but a companion
prohibited the agency from inspecting horse processing horse slaughter has been the measure that failed to make it out of committee
facilities, and such inspections are required for a facility Humane Society of the United States. would have required every horse rescue operation to
to export the product for human consumption. “Horses are not raised for meat, as cattle are, but provide care for every animal brought to it. This fueled
This year, however, for the first time since 2005, rather opportunistically gathered with the intention speculation that LB 305 was a step toward processing
no such rider was included in the bill. of slaughter and processing,” says Wayne Pacelle, horses in Nebraska — by establishing a state meat
The exclusion is a result of a groundswell of efforts by president of the Humane Society. inspection agency to do what federal inspectors were
horse owners, horse councils and American Indian tribes But South Dakota Sen. Billie Sutton disputes this no- forbidden to do. The bill’s sponsor, Sen. Tyson Larson,
as well as multiple state legislative initiatives to reinstate tion. A self-professed horse lover, he has been active in his has said that it is more humane to allow owners to
horse processing in the U.S. In a recent national survey by state’s efforts to reinstate domestic processing options. send their horses to a processing plant than to allow
the Unwanted Horse Coalition, more than 90 percent of South Dakota is among the dozen or so states to them to starve or be abandoned.
respondents indicated that the number of neglected and have passed resolutions urging the U.S. Congress to Now that the U.S. Congress has removed the ban
abused horses is increasing, and 87 percent — compared reinstate federal inspections of horse processing facili- on USDA inspectors in horse processing facilities, it
with only 22 percent three years ago — said the issue of ties and to oppose restrictions on horse transport. is up to the federal agency to determine how it will
unwanted horses is a “big problem.” (The Midwestern Legislative Conference has also add this service.
Brief written by Carolyn Orr, staff liaison to the Midwestern Legislative Conference Agriculture and Natural Resources Committee. she can be reached at email@example.com. The MLC committee’s co-chairs
are North Dakota sen. Tim flakoll and Kansas sen. Carolyn McGinn.
‘Buy American’ provisions of Ray Merrick, co-chair of the committee. “Today more
Jobs Act raise concern of harm than 40 percent of daily cross-border trade is within
the manufacturing sectors of our two countries.”
to firms on both sides of border
Wayne Elhard, a member of the Legislative
rovisions in President Obama’s proposed Assembly of Saskatchewan, adds, “The supply chain
jobs plan that would require certain projects is so integrated that any disruption in the flow of
to use only American-sourced materials have products across the border can have an immediate
sparked fear over potential damage to the United and significant impact on existing jobs.”
States’ largest trading partnership — with its Canadian as well as U.S. companies could be hurt by
cross-border neighbor Canada. the Buy American provisions. Canadian firms that can-
These “Buy American” provisions would require not participate in these infrastructure projects would
companies bidding on infrastructure projects not need to purchase as many parts and raw materials
funded through American Jobs Act legislation to from their U.S. suppliers. U.S. companies, meanwhile, This photo shows the rear suspension assembly of
use iron, steel and components with 100 percent would be forced to drop reliable suppliers in order to the Chevrolet Equinox, with the flags indicating
domestic content. But with cross-border supply bid on a project funded by the Jobs Act. Sourcing their the source country of the individual parts. (Source:
chains providing a major part of economic activity materials solely from U.S. suppliers could raise the price Martinrea International Inc., London, Ontario.)
between the U.S. and Canada, “Buy American” could of their bids and, as a result, the cost of projects.
hurt companies in both countries. Mike Lynch, a vice president at Illinois Tool Works, before next year’s election that include a Buy American
Leaders of the Midwestern Legislative Conference a diversified manufacturer of engineered products and requirement.
Midwest-Canada Relations Committee expressed specialty systems, points out that companies sometimes While the legislation stated that the Buy American
these concerns in a letter sent to Obama, U.S. Trade aren’t even able to purchase component materials for provision would be applied in a way that is consistent
Representative Ron Kirk and members of the U.S. their products in the U.S. Lynch gives the example of with international trade agreements, this applies only
Congress from the Midwest. The letter focuses spe- safety-critical threaded metal bolts, most of which are to spending by the federal government and to states
cifically on cross-border integrated supply chains: produced using a particular kind of steel. The closest that have signed on to the Government Procurement
groups of companies that buy component parts or supplier for that steel is in Canada. Agreement. Much of the Jobs Act spending would be by
raw materials from one another to make a finished “We [Canada and the United States] need to focus sub-state (mostly city and county) units of government
product. Such chains are common in the auto industry on our real competitors, not in North America but that are not bound by international treaties.
(see illustration), but are also part of the manufacturing around the world,” Elhard says. The Midwest-Canada Relations Committee has been
process for other goods. The Jobs Act failed to pass the U.S. Senate, but the steadfast in its opposition to Buy American provisions,
“Many of our businesses truly are partners, administration is promising to push various provisions which first emerged — and were ultimately included — in
manufacturing products together,” says Kansas Sen. separately. Congress is likely to consider measures the American Recovery and Reinvestment Act.
Brief written by Ilene Grossman, who serves as staff liaison to the Midwestern Legislative Conference Midwest-Canada Relations Committee. she can be reached at firstname.lastname@example.org.
3 STATELINE MIDWEST December 2011
Around The r egIon
Even with uptick in tax
revenue, states not at Michigan ends health benefit for
pre-recession levels legislators now only available in 2
tate tax collections were up across the
Midwest states: Ohio and Illinois
Midwest in FY 2011, a year in which all
11 states in the Midwest either met or
exceeded original revenue projections, accord-
ing to the “Fiscal Survey of States” released in
November. ichigan Rep. Joel Johnson says he entered In Illinois, retired members of the General
In comparison, only three states in the elective office this year looking to save Assembly who have been in the state health
region (Iowa, Michigan and Wisconsin) hit or taxpayers money whenever and wherever insurance program for four years have their entire
surpassed their revenue estimates in FY 2010. he could. health care premium paid for by the state.
There are also signs of an improving revenue Within weeks, he found one of his first targets: In Ohio, former legislators with at least 10
picture in FY 2012. Nationally, states enacted a health care benefit for him and his legislative col- years of service are eligible for insurance and
budgets with a 2.9 percent increase in general- leagues. The state was picking up 90 percent of the premium assistance via the Ohio Public Employees
fund spending — the second year in a row that health care premium of any former legislator who Retirement System. They receive a monthly allow-
expenditures rose following an unprecedented was at least 55 years old and who had six years of ance to pay for health care coverage. Depending
two-year drop. legislative service. on how long the individual has worked in state
Spending by U.S. states still remains below its “That is not something you see in the private government and when he or she retired, the al-
pre-recession high; in the Midwest, four states sector,” Johnson says, “or any sector really.” lowance covers anywhere from 25 percent to 100
enacted FY 2012 budgets with total expenditures The cost to the state percent of health insurance costs.
lower than they were in FY 2008: Kansas, was roughly $5.3 million a Michigan, Illinois and Ohio are also the
Michigan, Minnesota and South Dakota. year, a drop in the bucket three states that have traditionally provided the
The fiscal survey is released twice a year by c onsi d e r i ng Mi c h i g an most generous health coverage for retired public
the National Association of State Budget Officers spends more than $50 employees. In the other eight states, retired public
and the National Governors Association. billion a year. employees must pay most or all of their insurance
Those two organizations warn that despite “Five million dollars is premiums upon retirement.
improvements in tax collections, states are now still real money,” Johnson Retired workers in these states mostly just
being squeezed in two different directions. First, says. “And my feeling is receive an “implicit subsidy”: the ability to pur-
the budget assistance provided to states via the that when we talk about chase insurance through a group plan that includes
Rep. Joel Johnson
federal American Recovery and Reinvestment Act is public service, service does younger, healthier individuals who drive down the
gone. The loss of that money alone wipes away not mean serving yourself. cost of health coverage for everyone in the plan.
state increases in tax collections. Second, local At a time when people are having to get by with (In most states, retired legislators are eligible to
governments are experiencing revenue declines less things, we should do the same.” participate in these group health plans but must
due to the loss of housing values — a situation His colleagues apparently agreed. HB 4808 — a pay the full premium. Michigan lawmakers will
that will put pressure on state leaders to boost measure similar to bills introduced in previous ses- not have this option under the new law.)
funding for cities, counties and schools. sions that failed to pass — received overwhelming Some Midwestern states, though, offer other
Meanwhile, the cost of state Medicaid pro- bipartisan support in the House and Senate and ways to help employees bridge what can be a costly
grams continues to rise. The health insurance was signed into law in October. gap in health care coverage between when they
program now accounts for nearly 1 of every 4 Some current legislators will still be eligible for retire from government and when they are eligible
dollars spent by states. Over the next 10 years, retiree benefits if they have served at least six years for Medicare. In Iowa and Wisconsin, for example,
total Medicaid spending is projected to increase before Jan. 1, 2013. (Because of term limits, many retired workers are able to apply their unused sick
annually by 8.3 percent. current legislators, including Johnson, have not served leave to their health insurance premium. And over
long enough to meet this requirement.) the past decade, Indiana and Minnesota have set
Tax collections in FY 2011 compared with Eventually the benefit will be gone completely. up tax-free accounts that help employees save for
revenue projections used to adopt budget In comments submitted to a Senate committee, post-retirement health care.
leaders of the Michigan State Employee Retirees
Association warned the change may save $5 million Ar t i c l e w r i t te n by Ti m An d e r s o n , p u b l i c at i o n s
a year, but could also cost the state in another way: manager for CsG Midwest, who can be reached at
limiting the people willing and/or able to run for email@example.com. More articles on institutional issues
office in a full-time Legislature like Michigan where in state government and legislatures are available at
lawmakers meet year-round. www.csgmidwest.org.
“Eliminating the retiree health care benefit for
future legislators will diminish, rather than enhance,
the motivation of highly qualified people to run for Retiree health care plans in the Midwest:
the House and Senate,” they said in the letter. Some states pay insurance premiums;
The association had instead proposed raising others leave bill to retired workers
Revenues higher Revenues on target
the age of eligibility (from 55 to 60) and reducing,
but not doing away with, the premium assistance
Total year-end balances as a % of provided to retired legislators.
expenditures, FY 2008 vs. FY 2012
FY 2008 (pre-recession) FY 2012
Regional overview of health benefits
for retired legislators, employees
Prior to the change in law, Michigan had one of the
most generous health insurance plans for retired state
legislators in the Midwest.
A 2007 CSG Midwest survey found that most states
Less than 1% Greater than 1%, in the region provide either no post-retirement health State pays for most or at least some of its
less than 5% retired workers’ health insurance premiums
benefits for legislators or no premium assistance.
Greater than 5%,
less than 10%
Greater than 10% Michigan was one of three exceptions to that rule, Retirees are responsible for paying most or all
of their health care premiums
Source: “The Fiscal Survey of States” with the other two being Illinois and Ohio.
4 STATELINE MIDWEST December 2011
Question OF The MONTh
One of the many services provided by CSG Midwest is its Information Help Line, a research service indiana was the first Midwestern state to limit the
intended to help lawmakers, legislative staff and state officials from the region. Through the Help number of passengers that someone without a full
Line, CSG Midwest staff responds to members’ inquiries or research needs regarding various public license could carry. In 1998, it restricted a young driver
policy issues. The Question of the Month section highlights an inquiry received by this office. To re- from carrying any passengers other than family mem-
quest assistance, please call 630.925.1922 or email us at firstname.lastname@example.org. bers for the first 90 days after obtaining a learner’s per-
mit; in 2009, that period was increased to 180 days.
Question: What states in the Midwest have graduated driver’s license Now, all Midwestern states except for Iowa, North Da-
laws, and what are the differences and similarities in these laws? kota and South Dakota impose some type of passenger
restriction on unsupervised young drivers. Generally,
these state restrictions limit the number of teenage
According to the National Transportation Safety Graduated driver’s license laws passengers to one. In illinois, Indiana, Michigan, Min-
Board, traffic crashes are the leading cause of death
nesota and Ohio, the restriction can be lifted once the
for teenagers, and multiple studies have shown that
driver turns 17. In nebraska, Kansas and Wisconsin, the
graduated driver’s license (GDL) laws are effective
restriction can be lifted while the driver is still 16.
in improving teen driving safety. under these laws,
a state imposes restrictions on young drivers until every Midwestern state bans unsupervised driving
they gain more experience behind the wheel. by young novice drivers during certain evening and
overnight hours. The minimum age at which these
In 1993, the NTSB recommended that states imple-
bans may be lifted, though, varies from state to state:
ment a GDL consisting of three stages: 1) a learner’s
18 years old in Illinois, Indiana and Ohio; 17 years old
permit stage, when a teenager can drive only under
in Iowa, Michigan and Nebraska; and 16 years old in
the supervision of an adult; 2) an intermediate or
Kansas, Minnesota, North Dakota and Wisconsin.
provisional license that allows unsupervised driv-
State has restrictions on nighttime driving and
ing but includes restrictions on when the young number and/or type of passengers (family More recently, states have adopted laws that ban
person can drive; and 3) a full license. members excepted); bans use of cell phones cell phone use among teen drivers, including Il-
State has restrictions on nighttime driving and linois, Indiana, Iowa, Kansas, Minnesota, Nebraska
The NTSB has since added recommendations aimed at number and/or type of passengers (family
reducing distractions for novice drivers: for instance, members excepted); no ban on cell phone use and North Dakota in the Midwest. (every Midwest-
prohibiting them from transporting other teen pas- State has restrictions on nighttime driving and
ern state except Ohio and South Dakota bans text-
sengers or using wireless communication devices. bans use of cell phones; no restrictions on messaging by drivers of all ages.)
number/type of passengers
Today, every Midwestern state has some type of State has restrictions on nighttime driving; no This year, North Dakota became the latest Midwest-
restrictions on number/type of passengers or ern state to strengthen its driver’s license law. The
graduated driver’s license law in place. use of cell phones
new law requires teenagers under age 16 to com-
The minimum age for obtaining a learner’s permit Sources: Insurance Institute for Highway Safety and Hands Free Info plete 50 hours of supervised driving before obtain-
ranges from 14 (in iowa, Kansas, north Dakota All Midwestern states require an initial stage of licens- ing an initial, or intermediate, driver’s license. In ad-
and south Dakota) to 15½ years old (ohio and ing for young people (usually six months), and during dition, drivers younger than 18 cannot use electronic
Wisconsin). In several states, the minimum age this learner’s permit stage, every state except South communications devices. The new North Dakota law
varies depending on whether the person has com- Dakota requires novice drivers to meet a supervised- also establishes nighttime driving restrictions for
pleted a driver’s education program. driving requirement (between 20 and 50 hours). individuals with an intermediate license.
5 STATELINE MIDWEST December 2011
CONTINueD FROM PAGe 1
Concerns about pipeline lead to new siting laws in Nebraska and rerouting of project
Quality. as additional jobs for communities along
In Minnesota, North Dakota and South Dakota, Keystone oil pipeline in the Midwest the pipeline route.
the states’ public utilities commissions have the From oil sands
authority to approve or deny applications to construct in Alberta Pipeline through 6 Midwest states
crude oil pipelines. (South Dakota granted a permit
The first presidential permit allowed the
for Keystone XL in 2010, contingent on TransCanada
construction of an oil pipeline from Alberta
meeting 50 different conditions; the pipeline route
to refineries in the Illinois towns of Wood
did not run through Minnesota and North Dakota.)
River and Patoka.
Nebraska, though, had no such processes in place
That pipeline, which runs through six
— until November.
Midwestern states — North Dakota, South
The new laws approved during the special session
Dakota, Nebraska, Missouri and Illinois —
will establish a siting permit process for the state
became operational in 2010. A second phase
while also authorizing and funding an environmental
of the project was up and running in 2011; it
impact study of TransCanada’s proposed pipeline.
extends the pipeline to storage and distribu-
“From the beginning, I sought a process similar to
tion facilities in Oklahoma.
what neighboring states have to determine the route of
To re neries in The goal of an additional pipeline expan-
oil pipelines,” says Nebraska Sen. Annette Dubas, who
Oklahoma and Texas sion — the Keystone XL project — is to create
helped push for the special session and served as the
a new route carrying oil from Alberta’s oil
sponsor of the Major Oil Pipeline Siting Act, LB 1. Existing Keystone pipeline sands to Port Arthur, Texas. It would dramati-
Under this new law, the Nebraska Public Service
cally increase the amount of oil that could be
Commission has the authority to evaluate and approve Proposed Keystone XL expansion* shipped to and used in the U.S.
applications to site major oil pipelines in the state. The
* TransCanada has agreed to work with the state of Nebraska on an The new pipeline would also transport
applicant will have to pay any costs associated with
alternative route that addresses concerns about the proximity of the oil produced in Montana, North Dakota and
public hearings and state investigations. proposed Keystone XL project to the Sandhills region and the Ogallala South Dakota; according to TransCanada
LB 1 also sets time lines for the commission to Aquifer.
spokesman Shawn Howard, about 25 percent
make a decision — seven months upon receipt of the Source: CSG Midwest map (using information from TransCanada)
of the oil carried in the pipeline would come
application, though the commission could extend that
from those states.
time period by another five months for “just cause” TransCanada officials say they have been surprised In all, the pipeline could transport up to 830,000
— and requires a company to have an approved ap- at the level of opposition to the project. barrels of oil a day.
plication before it is given eminent domain rights. “Four years ago, we thought it would be embraced Regardless of whether Keystone XL is built,
This new state law, though, will not apply to any with great enthusiasm,” Scott Farris, director of
Canadians will not sit on such a valuable energy
new rerouting plan for TransCanada’s Keystone XL government relations for TransCanada, said dur-
resource. Some Canadian officials, including federal
project. The Legislature instead crafted a second bill ing a policy session in October at The Council of
finance minister Jim Flaherty, have said that Canada
to deal with that project. State Governments’ National Conference & North
could also look toward other pipeline options and
Under LB 4, the state Department of Environmental American Summit.
Quality will conduct a $2 million environmental export markets for the oil sands.
The first two phases of the
impact study (paid for by the state) and prepare Flaherty told Bloomberg News
pipeline project had already Crude oil production
recommendations to the governor, who will then that one possibility would be
been completed without resis- in Midwest vs. amount
notify the federal government whether the state to build a pipeline to British
tance, he said, and the proposed imported into u.s. from
approves or disapproves of the new route. Canada (2010)* Columbia for export to Asia.
Keystone XL expansion would
As pipeline proponents
bring additional jobs and reduce Thousand
Long route for pipeline approval U.S. dependence on oil from State barrels per
have noted, too, Canada is a
more-hostile parts of the world. day friend, neighbor and stable
he special session in Nebraska put the state democracy — qualities that
at the center of an international controversy The first part of the pipeline Illinois 25 14
project received a permit in less Indiana aren’t necessarily true of some
over the pipeline and the use of oil from the 5 22
than two years. (That permit was other countries from which the
province of Alberta’s oil sands. Kansas 111 9 U.S. gets its oil.
Haar says his constituents have not necessarily approved by President Bush in
2008.) In contrast, TransCanada Michigan 18 16 “When a nation [like the
been against tapping into the oil sands or even build-
submitted its application for Nebraska 6 21 United States] imports three
ing a new pipeline through Nebraska. (An existing
Keystone XL in September 2008 North Dakota times more energy than it pro-
Keystone pipeline, in fact, already runs through the 310 4
and will now have to wait until Ohio duces, it makes sense to go
state). What they didn’t like was the proposed route. 13 18
at least 2013 for a final decision next door to borrow a cup of
But outside of Nebraska, opponents of the south Dakota 4 25
on the presidential permit. sugar or borrow a million barrels
project have been asking another question: Should
The Obama administration Midwest total 492 — of oil a day,” Murray Smith, a
a pipeline transporting oil
cited recent developments in Crude oil imported into former member of the Alberta
from Alberta’s oil sands to 1,929 —
Nebraska as the reason for the U.S. from Canada legislature who now works in
this country be built at all?
* The U.S. Energy Information Administration reports that the
delay, but the decision was also Midwest was home to eight of the 31 oil-producing states in the private energy sector, told
That question will be
expected to be politically diffi- the United States in 2010. The state data and rankings do not legislators at the CSG summit.
debated for at least an-
other year even if a new
include offshore production. Canada is the leading supplier
cult, in part because the decision of crude oil imports to the United States, accounting for 21 Canada, in fact, already is
route addresses Nebraska’s split union and environmental percent of the total. the leading supplier of U.S. oil
specific concerns about groups.
Source: U.S. Energy Information Administration imports (21 percent of the total),
potential contamination of The Nat iona l Wi ld life with the oil sands accounting for
the Ogallala Aquifer. Federation, for example, says the proposed expansion 170 billion barrels of Canada’s
Opponents say the is a “game-changer” that would “lock the U.S. into a 176 billion barrels of proven reserves. Another 315
Sen. Annette Dubas
pipeline will take the U.S. dependence on this dirty fuel and drive a massive billion barrels could potentially be captured with
on the wrong energy path: expansion of the tar sands operations in Alberta.” advances in technology and the recovery process.
a greater use of fossil fuels (the oil sands, in Key unions, meanwhile, have hailed the proj- Whether the U.S. decides to use more of that
particular, have been criticized because of the ect’s “game-changing economic benefits”: more oil remains to be seen. But as the recent special
amount of greenhouse gases emitted during the jobs and state and local tax revenue. TransCanada session in Nebraska shows, any pipeline project
recovery process) and an abandonment of efforts has said the expansion would create 20,000 U.S. will likely need the backing of all states along the
to reduce the country’s carbon footprint. jobs in construction and manufacturing, as well proposed route.
6 STATELINE MIDWEST December 2011
Sinking states’ role in ballast water rules
As differences surface among governors, bill passes in U.S.
House to take away permitting authority from Great Lakes states
by Tim Anderson (email@example.com)
he political, environmental and economic In response to the governors’ letter, Wisconsin
battle over the future of rules governing Sources for Great Lakes Democratic Rep. Cory Mason circulated a letter
ballast water discharges took some new twists species invasions, 1960-2006 among his legislative colleagues in support of New
and turns during the latter half of 2011. York’s efforts. The letter, sent in September to Gov.
In this region, a dispute has surfaced among some Cuomo, urged New York to “hold fast on its ballast
governors over how stringent state-level permitting water standards to prevent dangerous invasives from
programs can and should be. 7% 6%
entering the Great Lakes basin.” It was signed by
Meanwhile, in the nation’s capital, moves were 22 Wisconsin state representatives and senators. In
made to take such decisions out of the hands of gov- 11% Michigan, a resolution was introduced in November
ernors and legislatures. A proposal passed by the U.S. (SR 98) urging the state of New York to “reject appeals
House in November would strip states of the authority 11% to weaken its ballast water standards.”
to establish ballast water standards more stringent 65% Three Great Lakes states — Michigan, Minnesota
than those set at the federal level. It would also set a and Wisconsin — already have ballast water permit-
new national treatment standard in line with that of ting programs up and running. But New York’s rules
the International Maritime Organization (IMO). would be the region’s most stringent, with discharge
The ballast water provisions in HR 2838, the Coast standards exceeding those of the International
Guard & Maritime Transportation Authorization Aquarium release Maritime Organization — 100 times more stringent
Act, have been criticized by several key Great Lakes than the IMO standard for existing vessels and 1,000
conservation groups, including the Alliance for the Other (Canals, bait, intentional release) times more stringent for ships built after 2013.
Great Lakes. In developing its own permitting program,
“To my mind, it makes very little sense for Unknown Wisconsin had considered implementing tougher-
Congress to be stepping in at a time when we’re actu- than-IMO requirements but decided against it after
ally seeing the most progress among federal agencies Unintentional release a state feasibility study determined that treatment
in the last decade,” says Joel Brammeier, president and technologies did not exist to meet the 100-times
CEO of the Alliance, noting that tougher new regula- Shipping/Ballast water standard. Wisconsin instead settled on requiring ships
tory programs are being established by the U.S. Coast to meet the IMO standard.
Source: U.S. Environmental Protection Agency, “Predicting Future
Guard and Environmental Protection Agency. Introductions of Nonindigenous Species to the Great Lakes” In U.S. House debate over the Bishop amendment,
“Congress is proposing something less protective (November 2008) New York’s proposed rules were cited by U.S. Rep.
than what we expect the agencies to put into place Steve LaTourette, a Republican from Ohio, as a reason
and less protective than what some of the Great Lakes not to give states regulatory leeway.
states are doing.” In his effort to stop the New York regulations,
That amendment, though, was defeated largely
An amendment to HR 2838 (proposed by U.S. LaTourette also proposed an amendment to a
along partisan lines; only 15 Republicans supported it
Democratic Rep. Tim Bishop of New York) would Department of Interior spending bill prohibiting
and 15 Democrats opposed it. Many of the exceptions
have preserved states’ rights to impose more- any state from receiving Environmental Protection
to that party-line voting came from the Great Lakes
stringent ballast water standards. Agency funding if it adopts ballast water requirements
more stringent than federal regulations.
For example, all nine of Michigan’s House
Ballast water, invasive species Republicans voted in favor of the amendment to
The erosion of state authority is only one reason
groups such as the Alliance for the Great Lakes, the
and the Great Lakes retain state authority. (Michigan was the first state in
National Wildlife Federation and Great Lakes United
There are an estimated 180 invasive species in the the nation to adopt a state-level permitting program oppose HR 2838. They also say the measure limits the
Great Lakes, an ecological and economic problem that for ballast water discharges.) In contrast, five of the
costs an estimated $200 million a year. ability of federal regulators to address the ecological
Democratic votes against Bishop’s proposal came from and economic threats posed by invasive species.
Over the last half-century, the leading source of these inva- Great Lakes states — two from Indiana and one each The bill, for example, explicitly exempts
sions has been the ballast water of ocean-going ships. from Ohio, Illinois and Pennsylvania. ballast water discharges from the federal Clean
Beginning in 2006, all overseas vessels entering the Those votes illustrate the differences in how Water Act. This exemption would strip the U.S.
Great Lakes were required to conduct saltwater flush- individual Great Lakes states view ballast water EPA of its authority to regulate ballast water
ing and ballast water exchanges. since then, there regulations and the shipping industry. discharges under the National Pollutant Discharge
have been no reports of invasive species entering the States such as Michigan and New York tend to
Great Lakes via ocean-going vessels. However, there Elimination System (NPDES) permit program.
are limits to the efficacy of exchanges and flushing. want tougher standards and permitting programs, The EPA already has a Vessel General Permit in
for example, some species may be able to tolerate Brammeier says, while states with more ocean-going place, and in November, it proposed a new, more
high salinity levels, and there are other variables ship traffic and activity such as Indiana, Minnesota stringent regulatory program. Under the new
such as weather conditions and the knowledge of the and Ohio tend to share industry concerns about the permit, standards would be tied to the IMO’s. The
crew on board. impact of new rules on waterborne commerce. Vessel General Permit would be eliminated if HR
As a result, there is an ongoing push for tougher standards 2838 becomes law.
as well as for advances in treatment technologies. Pending Differences among Great Lakes states The U.S. Coast Guard is also expected to soon
u.s. Coast Guard and u.s. environmental Protection rules, finalize its new rule on ballast water discharges.
as well as federal legislation, would set a numeric ballast In September, the governors of Indiana, Ohio and Under its proposed rule, the initial standard would
water standard based on one already established by the Wisconsin sent a letter to New York Democratic Gov.
International Maritime Organization (IMO). be the same as the IMO’s but could be raised upon
Andrew Cuomo asking him to ease ballast water rules completion of a “practicability review.”
Great Lakes advocacy groups say this standard is not set to take effect in his state in August 2013. HR 2838 calls for use of the IMO standard as
protective enough and are supporting New York’s plan If not changed, the governors wrote, New York’s well, but according to Brammeier, language in the
to implement tougher rules. The Great Lakes shipping regulations would “possibly force the closure of the St.
industry has said the treatment technologies needed to legislation would make it more difficult to raise the
meet standards tougher than the IMO’s are not available. Lawrence Seaway and imperil thousands of maritime- standard as treatment technologies advance and
related jobs in the Great Lakes states and Canada.” become available for use.
7 STATELINE MIDWEST December 2011
Kansas Rep. Paul Davis
Lawrence native working to secure bipartisan support for
improving education and diversifying state economy
by Kate Tormey (firstname.lastname@example.org)
ince he joined the Legislature in 2003, immediately off the table. [For example], we couldn’t
Kansas Rep. Paul Davis has always been in Bio-sketch of Rep. Paul Davis increase criminal penalties because we couldn’t put
the minority party. more people in prison, and we didn’t have money to
But the Lawrence native always had fellow appointed to the Kansas House in 2003; now build new prisons.
Democrats leading the executive branch — until serving his fifth term in the Legislature Then times got better, and we started to see some
2010, when state elections brought in a Republican chosen minority leader in 2008 after serving surpluses and invest in schools, universities and other
governor as well as a wave of GOP statewide of- valuable programs. Then the economic collapse hit in
as policy chair for the House Democratic caucus
ficers and legislators. 2008, and we were back in the same situation we were
For Davis, those results have meant he is no received a bachelor’s degree in political science in before — but to a much worse degree.
longer just the leader of his caucus, but the leading from the university of Kansas and a law degree from
voice of Democratic policies in Kansas along with
his counterpart in the Senate (Minority Leader
washburn university school of Law
Q: What have you learned from riding the “roller
Davis, though, isn’t discouraged by his party’s
status. Instead, he has worked to get bipartisan sup-
before serving in the legislature, worked for
the Kansas Department of Insurance under Gov. A: When you make budgetary decisions, they
don’t just last a year until the next budget
is passed. They have a very long-lasting impact, and
Kathleen sebelius and as an attorney for the Kansas Bar
port for issues he considers legislative priorities, from sometimes there is a very short-sighted approach that
bolstering the state’s education system to diversifying legislatures take in the budgeting process because
its economy. represents part of his hometown, Lawrence they say, ‘Well, we’re just going to be doing this again
“We understand sometimes that our role is to next year.’ But, in fact, if they decide to cut a program,
disagree and to hold the majority party account- that’s going to have implications for maybe a decade
able,” he says. “You’ve got to pick your battles.” has become a supporter of projects that help make to come. And then if you decide you’re going to invest
One battle in 2012 will be over the state’s tax communities more attractive for residents and in a new program, that’s money that you’ve oftentimes
structure. This coming session, Republican Gov. businesses. He is particularly proud of his work on committed to in perpetuity. …
Sam Brownback is expected to propose reducing, a 2007 bill to authorize casino gaming in Kansas. You have to look beyond the numbers in the
or even eliminating, the state income tax. The legislation allows up to four casinos to be built, budget. … You have to understand that there are
Davis doesn’t believe that’s the right direction with the state receiving a cut of the revenues. faces behind those numbers that are going to be
for the state because he fears property taxes would “We decided we were going to [authorize] a affected by the decisions that we make. Budgets are
rise. He does support the idea of easing the tax handful of casinos and they needed to be desti- really a reflection of values and priorities.
burden for some Kansans, but would rather see the nation facilities,” he says. “We have a couple of
state eliminate its sales tax on groceries.
“That [would] certainly help people on the
great facilities that have led to all kinds of other
development activities beyond them. ... We didn’t Q: You have said that education funding is the issue
that first inspired you to run for office. Why?
lower end of the income scale; they are really
[hurting] during this recession and probably de-
serve the tax relief the most,” he says.
put up a bunch of buildings with slot parlors like a
lot of other states have done, and I am happy with A: I felt like we were on the verge of having the
quality of our public schools go downhill
because the Legislature was not providing adequate
the way that we did this.”
According to the Federation of Tax Administrators, Earlier this month, CSG Midwest talked with funding for schools. In 2005 we made a very large
Kansas is one of two Midwestern states that charge a Davis about leadership, his legislative priorities investment in our schools; unfortunately it was the
full sales tax on groceries (South Dakota is the other; and his career in public service. Here are some result of a court case …. We have seen some of that
Illinois charges a lower rate for food). excerpts from the interview. roll back because of budget cuts, and I am again
concerned about the quality of public education.
Q: Your interest in politics started with internships
avis points out that many states without at the Kansas Legislature and with a member of How would you like to see your state improve
income taxes have economic and revenue the U.S. Congress. What made you decide to continue quality in education?
bases much different from Kansas’.
“What we hear from the advocates of [eliminat-
your career at the state level?
A: A lot of the critical decisions are being made
at the state level right now. Whereas the fed-
A: The core of education is having good teach-
ers. We’ve got to make the teaching profes-
sion more attractive, and that is going to happen with
ing the income tax] is that we need to be more like
Texas, Florida or Wyoming,” he says. “We don’t have eral government is having a difficult time addressing offering more competitive pay structures at the start.
a big pool of oil sitting under us and we don’t have problems that need to be addressed, state government But I think there are also other things that we can do,
huge deposits of coal. … [Those states] have other is still a place where things can get done and we can such as improving teacher-mentoring opportunities
sources of revenue that we don’t have. We have to be responsive to the needs of the people. That is why and continuing educational opportunities for teachers
deal with reality.” state government is the best place to be right now for to keep them in the profession. We are now losing half
The reality for Kansas, he says, is that the state people who are trying to solve problems. of our new teachers within the first five years, and we
must retool an economy that has been largely have to change those numbers.
dependent on manufacturing. He suggests investing
in areas such as the bioscience and energy sectors.
“Having a competitive tax structure is very
Q: This year will be your 10th in office, and the past
decade has been extremely volatile for state econo-
mies. What has it been like to serve during this time?
We also have to get curriculum examples that
are working in other states and school districts. I
am very intrigued with the magnet-school concept
important,” he says. “But there are other significant
factors — such as making sure that you have good
schools, a well-trained workforce and good infrastruc-
A: When I came into office, the state was dealing
with the post-9/11 economic situation and
we had literally $12 million in the bank. It sounds
of offering kids who have an interest in a particular
subject an opportunity to have an enhanced edu-
cational opportunity because of that. Science, in
ture — that are equally important factors in terms of like a lot, but for a state, it’s like having two pennies particular, is a place where we’ve got to place more
creating jobs and creating communities where people in your pocket. It’s really been a roller coaster since resources. ... The United States is falling behind in
want to move to or locate their business in.” then. We started with some very lean times, and training our children. A lot of those jobs are the
That’s why since becoming a legislator, Davis for a couple of years, anything that cost money was jobs of the 21st-century economy.
8 STATELINE MIDWEST December 2011
A F O R U M F O R L E G I S L ATO R S A N D C O N S T I T U T I O N A L O F F I C E R S
Kansas steps up DUI prevention
Scathing report, public outcry spark passage of new
measures to keep drunk drivers off the streets
by Kansas Sen. Thomas C. (Tim) Owens (Tim.Owens@senate.ks.gov)
o matter how the public might perceive the was strapped financially. Therefore,
state efforts to combat Dui: MADD’s checklist of
issue of DUI, it can be summed up as a public modifications in the recommendations
key statutes and law enforcement initiatives
safety issue. had to be made, and those resulted in SB
Approximately five years ago, it became appar- 6, which reflected changes made in both Interlocks Sobriety Child No-refusal
required1 checkpoints2 endangerment4 weekends5
ent that the DUI program in Kansas was broken houses and was worked on right up to the
and needed to be fixed. closing days of session. Illinois
The journey to SB 6, which passed with 100 The major accomplishments in SB 6 Indiana
percent of the vote in both houses of the Kansas were those that addressed some of the Iowa
Legislature in May of this year, began with a report core needs for rehabilitating the weak
done by the Substance Abuse Policy Board (SAPB) — Kansas
DUI system. Here is it look at some of the
the group formed after it became apparent that far too primary achievements, which went into Michigan
many people were driving on the streets and highways effect on July 1. Minnesota
of Kansas with multiple DUIs on their records but had • A central repository will be imple- Nebraska
had little or no corrective or rehabilitative action taken mented and will be the central resource
to cause them to alter their behaviors.
that allows prosecutors and courts to
There were too many deaths and injuries caused have a clearer idea of how many DUIs Ohio
by drunk drivers, and when the public became aware an individual offender may have so that south Dakota
of incidents such as one in Wichita where a mother appropriate prosecution and sentencing wisconsin
and her daughter were killed by a driver who had in may ensue. 1
state requires ignition interlocks for vehicles of all DuI offenders.
excess of a half-dozen DUI convictions and was still Creation of the repository was made 2 state conducts sobriety checkpoints.
driving, pressure mounted on the Legislature to act. possible thanks in no small part to the
state uses Administrative License Revocation, which allows immediate
The SAPB report was scathing in its condemnation secretary of transportation, who helped 4 confiscation of offender’s driver’s license by arresting officer.
state enhances penalties for DuI with child or children in vehicle.
of the manner in which DUIs were handled and the us address the financial issues surrounding 5 state holds no-refusal events during which suspected offender cannot
poor attention that had been paid to rehabilitation its implementation by deferring other refuse blood-alcohol testing.
through drug and alcohol treatment. information technology projects and enter- Source: MADD, “Fifth Anniversary Report to the Nation”
In response, I was appointed (in my role as vice ing into an agreement with the Kansas constraints, particularly in rural areas of the state
chair of the House Corrections and Juvenile Justice Bureau of Investigation. It is our hope that through where it may take longer to get to the testing site.
Committee) to chair a subcommittee to begin explor- this program and the requirements of SB 6, there will It is the sincere hope of the DUI Commission
ing measures to address the SAPB’s concerns. be a uniform application of the law and sentencing and the Kansas Legislature that these changes will
Hearings were conducted and valuable infor- across the state — in every jurisdiction and in every put the state of Kansas back on the road to safer
mation was received from a variety of disciplines court, whether district or municipal. There must be highways and toward a reduction in the number
that dealt in some manner with DUI offenders. uniformity in application of the law, and the central of DUIs.
From those committee hearings came a decision repository creates the opportunity for that to occur. It is not a finished product. Just as the
three years ago to form the DUI Commission, • The new law addresses the issue of safety by inscription on the steps of the National Archives
which was to conduct an extensive investigation requiring all DUI offenders to have an ignition commands, “Eternal Vigilance is the Price of
into the problems as well as potential solutions interlock device installed on their own vehicle, and Freedom,” so too is such vigilance the price of
When a mother and her daughter were killed by Every state wrestles with the public safety issue
of DUI just as Kansas has. Perhaps it is time for the
a driver who had more than a half-dozen DUI Uniform Laws Commission (of which I am a com-
convictions but was still behind the wheel, pressure missioner) and other national organizations to take
mounted on the Legislature to take action. a look at this issue and see if there is a potential for
uniformity, not just within a state, but also among
states in order to address our collective primary
that could improve public safety by reducing the no offender will be allowed to drive any vehicle that concern regarding DUI: public safety.
numbers of DUI offenders on Kansas roadways. does not have an interlock devise installed.
The DUI Commission was made up of 23 members • The new law amends the commercial DUI statute Kansas sen. Tim Owens, a Republican from Overland Park,
from a wide variety of disciplines from all three to make it consistent with the DUI statute. was first elected to the senate in 2008 after serving as a
branches of government. This blue-ribbon panel was • The new law creates a Community Corrections state representative since 2002.
given the task of drafting recommendations for the Supervision Fund, establishes a DUI hearing fee, and
Legislature; it was asked to work over a two-year pe- increases fines for DUI and commercial DUI.
riod and develop recommendations for the Legislature • The new law adjusts the implied-consent provi- Submissions welcome
in the 2011 session. That task was accomplished with sion regarding urine samples and restructures alcohol This page is designed to be a forum for legislators
recommendations that became SB 7 in 2011. and drug evaluations and treatment. Earlier detection and constitutional officers. The opinions expressed
SB 7 had one glaring deficiency, however, and was of drug and alcohol problems in an individual is on this page do not reflect those of The Council of
dead on arrival when it hit the Senate floor. imperative.
state Governments or the Midwestern Legislative
While the bill had extensive hearings in the • The new law adjusts administrative penalties
Conference. Responses to any firstPerson article
Senate Judiciary Committee and passed out of for DUI, creates a DUI look-back date for previous
that committee with a strong majority vote, it had convictions, and allows for the expungement of a DUI are welcome, as are pieces written on other topics.
a fiscal note exceeding $10 million to implement after 10 years of driving without another infraction. It for more information, contact Tim Anderson at
all of the recommendations. This proved to be further addresses the blood- or breath-testing window 630.925.1922 or email@example.com.
too heavy a cost for a legislature in a state that for DUI and commercial DUI in order to address time
9 STATELINE MIDWEST December 2011
CSG MidweSt news & eVen Ts
CSG policy academies foster learning, CSG’s Justice Center
collaboration on key issues for states holds forum on
n November, some of the region’s newest
legislators joined policy experts in Cleveland
to discuss key education issues that will shape olicymakers from all 50 states and all
legislative sessions in 2012 and beyond. three branches of state government
During the summit, first-term legislators who attended a CSG Justice Center meeting
have been appointed to legislative education, in December aimed at improving U.S. cor-
higher-education and appropriations committees rections policy.
received training and information about critical The State Leaders’ National Forum
education issues facing their states: Common on Reentry and Recidivism was held in
Core State Standards, state assessments, teacher Washington, D.C.
effectiveness, state accountability systems, and The agenda included a session analyzing
college and career readiness. Legislators who participated in October’s CSG trends in national and state-by-state recidi-
More than 20 legislators from the Midwest at- Transportation Policy Academy pose for a picture vism data. Attendees also explored policies
outside the U.S. Department of Transportation in
tended the two-day academy. In addition to hearing and practices that are essential to reducing
Washington, D.C. Representing the Midwest were Ohio
presentations from experts in a variety of key areas of recidivism nationwide.
Sen. Frank LaRose (left), Illinois Rep. Dan Beiser (second
education policy, attendees visited a Cleveland high from left), Indiana Rep. Ed Soliday (third from left) and
school that is implementing innovative strategies for Minnesota Rep. Alice Hausman (fourth from left).
teaching science and math.
The recent conference was part of CSG’s Policy
Academy Series, which seeks to Focus on Medicaid, chronic disease
• promote informed policymaking on key his spring and summer, CSG will hold In addition, a panel of experts discussed
issues, academies focusing on health care policy. In how to set and reach goals for reducing
• foster critical analysis of public policy, May — in conjunction with CSG’s National the number of people who re-offend once
• encourage information sharing and networking Leadership Conference — CSG will convene the leaving prison. One of the panelists was
among legislators, first in a series of policy academy sessions on Kansas Rep. Pat Colloton, who is chair of the
• help participants effect change and influence diabetes and chronic disease prevention and Justice Center’s board of directors and head
policy in their states and at the federal level, and treatment. of the House Committee on Corrections and
• prepare legislators to assume leadership posi- Thirty state lawmakers from each of CSG’s four Juvenile Justice in her state.
tions in key policy areas. regions will be selected to participate. Several key members of the U.S. Congress
These CSG academies typically include plenary Attendees will share ideas on how states can gave remarks to the group. Representatives
and interactive sessions led by top policy experts. address the growing problem of diabetes and how to of relevant federal agencies, such as the U.S.
When possible, participants are offered opportunities reduce the impact of chronic disease on state bud- Department of Justice, also attended and
to interact with federal policymakers and/or to take gets. In addition, CSG will be conducting a 50-state shared their insights on how to improve
part in hands-on learning experiences. research survey on diabetes-related statistics that prisoner reentry and reduce recidivism.
will shape a new curriculum guidebook: the “CSG The Justice Center evolved from The Council
D.C. meeting on transportation policy Policy Guide for State Policymakers on Diabetes.” of State Governments’ Eastern Regional
A policy academy on Medicaid is being planned Conference justice program to a national center
This fall, The Council of State Governments for June 2012. in 2006. It serves policymakers at the local, state
also hosted a Transportation Policy Academy in Attendees will interact with leading thinkers and federal levels of government.
Washington, D.C. in the health care field, as well as experts on Among its projects is the National Reentry
Resource Center, which
Academies on state transportation and education policy p rov i d e s e d u c at i o n ,
training and technical
have already been held, and in 2012, legislators will take assistance to states and
part in a series of health care-related workshops. other organizations on
The CSG Justice
Center has also been
Policymakers from 11 states — including four Medicaid. They will focus especially on how states
Rep. Pat Colloton active in helping states
legislators from the Midwest (see photo) — took can prepare for 2014, when millions of people will reform their corrections and
part in the October event. be added to Medicaid rolls and new rules will take sentencing policies. Over the past five years,
The conference provided attendees with effect under the Affordable Care Act. the Justice Reinvestment project has provided
information about the status of reauthorization CSG is working with state legislative leaders to assistance to state policymakers in Indiana,
of transportation legislation in the U.S. Congress. identify a select group of lawmakers for participa- Kansas, Michigan, Ohio and Wisconsin.
Attendees also learned how federal transportation tion in the academy. The Justice Center receives support
programs work, what kinds of best practices For more information, or to nominate a from the U.S. Bureau of Justice Assistance
states are pursuing in transportation finance, and participant for either of the health-related and private grant makers such as The Pew
how the state and federal governments can work policy academies, please contact Deb Miller at
Center on the States. For more information,
together to improve America’s infrastructure. 859.244.8241 or firstname.lastname@example.org.
please visit http://justicecenter.csg.org.
The Council of state Governments was founded in 1933 as a national, nonpartisan organization to assist and advance state government. The headquarters office, in Lexington, Ky., is responsible for a
variety of national programs and services, including research, reference publications, innovations transfer, suggested state legislation and interstate consulting services. The Midwestern Office supports
several groups of state officials, including the Midwestern Legislative Conference, an association of all legislators in 11 states: Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Nebraska, North
Dakota, Ohio, south Dakota and wisconsin. The Canadian provinces of Alberta, Manitoba, Ontario and saskatchewan are MLC affiliate members.
10 STATELINE MIDWEST December 2011
MLC Annual Meeting to feature Brazile,
Galen, O’Rourke and other top speakers
egislators from around the Midwest are
encouraged to make plans now to at-
tend the region’s premier event for state
The Midwestern Legislative Conference Annual UPCOMING MIDWESTERN LEGISLATIvE
Meeting will be held July 15-18 in Cleveland CONFERENCE AND COUNCIL OF STATE
and will offer a variety of policy sessions and GOvERNMENTS EvENTS
networking opportunities for and contributes to publications such as Town Hall.
attendees. He frequently appears on television programs to
Among the distinguished provide his expertise on politics and elections. BOWHAY INSTITUTE FOR LEGISLATIvE
speakers on this year’s agenda Political satirist and author P.J. O’Rourke will LEADERSHIP DEvELOPMENT (BILLD)
are political commentators be a featured luncheon speaker at this year’s MLC STEERING COMMITTEE MEETING
D on n a Bra z i l e and R i ch Annual Meeting. An Ohio native, O’Rourke is the April 27-28, 2012
Galen, who will preview the author of numerous best-selling books and has Chicago, Illinois
2012 elections. been called the “funniest writer in America” by
Brazile, a Democratic Contact: Laura Tomaka (email@example.com)
Time magazine and The Wall Street Journal. 630.925.1922
Donna Brazile political strategist, author, The MLC Annual Meeting provides attendees www.csgmidwest.org
professor and syndicated with the chance to hear from top speakers on a va-
columnist, appears regularly on CNN as one of the riety of issues, as well as to
network’s political contributors. She is currently CSG NATIONAL LEADERSHIP
share ideas and innovative CONFERENCE
vice chair of voter registration and participation solutions with one another
at the Democratic National May 18-19, 2012
in a nonpartisan environ- La Quinta, Calif.
Committee and manag- ment. The event includes
ing director of Brazile & a mix of plenary sessions, Contact: Kelley Arnold (firstname.lastname@example.org)
Associates, a consulting, small-group discussions 800.800.1910
grassroots advocacy and and policy committee www.csg.org/events
training firm. Her decades meetings.
of work as a political strate- Evening events at the 67TH ANNUAL MEETING OF THE
gist included serving as Al MLC meeting give policy- P.J. O’Rourke MIDWESTERN LEGISLATIvE
Gore’s campaign manager makers the opportunity to CONFERENCE
in 2000. Rich Galen network with colleagues while also serving as a July 15-18, 2012
Galen served as press showcase for the host state. This year, the evening Cleveland, Ohio
secretary to former Vice program will include an event at the Rock and Roll
Contact: Gail Meyer (email@example.com)
President Dan Quayle and former Speaker of the Hall of Fame. Daytime activities are also being 630.925.1922
House Newt Gingrich when they were in Congress. planned for attendee guests of all ages. www.csgmidwest.org
He also spent six months reporting from Iraq, at the Meeting registration will begin in January.
request of the White House, in 2003 and 2004. Galen For more information, contact CSG’s Midwestern
currently writes an online political column, Mullings, Office at 630.925.1922 or firstname.lastname@example.org. BOWHAY INSTITUTE FOR LEGISLATIvE
LEADERSHIP DEvELOPMENT (BILLD)
Bright start: CSG Midwest holds legislative August 10-14, 2012
institute on child development in Minnesota Application deadline: April 2
Contact: Laura Tomaka (email@example.com)
group of legislative leaders and policy 630.925.1922
experts met in Minnesota this fall to discuss www.csgmidwest.org
early childhood development research and
its implications for public policy. The three-day HENRY TOLL FELLOWS
Minnesota Legislative Leadership Institute on LEADERSHIP PROGRAM
Child Development Research and Policy was september 8-13, 2012
sponsored by CSG Midwest and the University of Lexington, Kentucky
Minnesota. Application deadline: April 20
Attendees learned from nationally recognized
researchers about the latest science on brain Above, from left: Rep. Pam Myhra, Rep. Rena Moran and Contact: Krista Rinehart (firstname.lastname@example.org)
development in young children, as well as how Sen. Kathy Sheran 859-244-8249
experiences between birth and age 3 affect
developmental, health and behavioral outcomes
across life spans. The conference was made pos- THE COUNCIL OF STATE GOvERNMENTS
sible by a grant from the Minnesota Community 2012 NATIONAL CONFERENCE
November 30-December 3, 2012
Foundation. Austin, Texas
The first Minnesota institute was held in 2009,
and similar events have also been held in North Contact: Kelley Arnold (email@example.com)
Dakota and South Dakota. 800.800.1910
For more information on these institutes, www.csg.org/events
please contact Laura Kliewer at firstname.lastname@example.org Above, from left: Rep. Marion Greene, Rep. Sandra Peterson
or 630.925.1922. and Rep. Jenifer Loon
11 STATELINE MIDWEST December 2011
Cameras to target Questions about future Waivers abandon parts Indiana legislature will
speeders on roads of fracking reaching of No Child Left Behind reduce paper trail by
near parks, schools Midwest’s capitols in favor of new approach relying more on iPads
Illinois lawmakers have paved the way for with the practice of hyrdaulic fracturing, or Minnesota and Indiana were among the Like other state legislatures, the Indiana
speed cameras to be used in designated safe- “fracking,” on the rise, state lawmakers are first 11 u.s. states this fall to formally seek General Assembly uses lots and lots of paper
ty zones in the city of Chicago. increasingly being asked to weigh in on a pro- waivers from key provisions of the No Child — an estimated 17 tons every session. for a
cess that boosts oil and gas production but Left Behind Act. single piece of legislation last year (the state’s
sB 965, passed by the legislature in November, also raises environmental concerns. budget bill), a total of 133,080 pages were
establishes these zones as being roadways with- Their applications were filed seven weeks printed out. That is the equivalent of 16 trees.
in one-eighth of a mile of a school or park. An In North Dakota, the General Assembly has after the u.s. Department of education
individual will be ticketed if he or she is caught announced it would provide more flexibility In 2012, though, Indiana lawmakers hope to
voiced its support for this method of extract-
by a camera driving more than 5 miles per hour under the federal law. for example, states use a little less paper under a pilot project
ing more oil and natural gas from the ground.
over the speed limit. The fine is $50 a day for that receive waivers will no longer have to set that will have them relying more on iPads.
earlier this year, lawmakers passed legislation
driving up to 10 mph over the limit and $100 targets requiring all students to be proficient According to the Northwest Indiana Times, two
(HB 1216) designating fracking as “an accept-
for higher speeds. The cameras will be used be- by 2014 and will be given more discretion legislative committees will go “paperless“
able recovery process” and adopted a resolution
tween 6 a.m. and 10 p.m., and signs must be over the use of federal education dollars. next year. Committee reports and documents
(HCR 3008) urging the u.s. Congress to delegate
posted at the intersections warning motorists. will be distributed electronically, via iPads.
regulatory responsibility to the states. Then, In exchange, states must implement federally Meanwhile, the state will examine ways to
According to the Chicago Tribune, a pedestri- during a special legislative session in November, approved plans for their K-12 education build out the technologies needed to expand
an study done by the city of Chicago served legislators set aside $1 million for a potential systems that include: the use of computer tablets as lawmakers
as the impetus for the legislation. Between lawsuit against the u.s. environmental Protec- familiarize themselves with the devices.
2005 and 2009, the study found, there were tion Agency if it attempts to regulate fracking. • college- and career-readiness standards
and tests; An Indiana Legislative service Agency study
861 crashes involving children near schools According to The Bismarck Tribune, fracking is found that 18 states have already launched
around arrival or dismissal times. • evaluation systems for teachers and
now widely used in parts of North Dakota. It paperless initiatives. In the Minnesota
Most states in the Midwest do not have laws ad- involves the pressurized injection of water and principals that measure effectiveness based Legislature and Wisconsin House, one or more
dressing the use of speed or red-light cameras. chemical additives into a geologic formation. in part on student progress; legislative activities have been converted to
According to the Governors Highway safety environmental concerns center on its potential a paperless process. The Kansas and Ohio
• new accountability systems for low-
Association, Wisconsin is the only state in the impact on drinking water and groundwater; legislatures have also taken steps to reduce
performing schools and schools with
region with a law that expressly prohibits the the ePA is now conducting a major research the use of paper. The same study estimated
persistent student achievement gaps.
use of automated enforcement technologies. study on the issue. Meanwhile, in states such that during Indiana’s 2011 session, $550,000
Illinois, on the other hand, already allows local as Michigan (HB 5150) and Ohio (sB 213), According to Education Week, every was spent “moving paper.” This total includes
municipalities to employ red-light cameras. In bills have been introduced over the past few Midwestern state except Nebraska has actual paper and equipment costs as well as
Iowa and Ohio, automated enforcement pro- months to prohibit fracking until research on indicated that it will apply for an NCLB waiver the time that staff devotes to distributing,
grams are operating under local ordinance. the environmental risks can be completed. by the spring deadline. filing and retrieving paper documents.
u.s. PostAGe PAiD
PeRMit no. 210
ChANGe SeRVICe ReQueSTeD
The Council of State Governments
701 e. 22nd Street, Suite 110
Lombard, IL 60148-5095