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					    Stateline
      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




INSIDE
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 (igrossman@csg.org)
policies on health care for retired legislators




                                                                    T
                                                                          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
                                                                                                                         comment period.
                                                                    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
                                                                                                                                                                                                      Dreamstime.com)
    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


       E
              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 ktormey@csg.org.
       The committee’s co-chairs are Illinois sen. Mattie Hunter and south Dakota sen. Jean Hunhoff.



       Economic Development
       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


       T
             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
                                                                                                                                            $116,000                    $162,000
           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
                                                                                                                                                             $370,000
       product in most of the 11 Midwestern states, ac-           given the chance to expand.                                                $311,000
                                                                                                                                                                            $1.3            $983,000
       cording to the Business Roundtable. (Its study found           Every Midwestern state except North Dakota                                                           million
                                                                                                                                                                                   $100,000
       a range of between 4.5 percent of total GDP in South       has applied for and secured a federal grant under
                                                                                                                                                $505,000
       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 tanderson@csg.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


       T
              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 corr@sarl.us. The MLC committee’s co-chairs
       are North Dakota sen. Tim flakoll and Kansas sen. Carolyn McGinn.



       Midwest-Canada Relations
       ‘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


       P
                                                                             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 igrossman@csg.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
    S
          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



                                                                   M
    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           tanderson@csg.org. 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
        than estimates
                                                                   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 csgm@csg.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
       Cover sTory
         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
                                                                                                                                                                               U.S.
                                                                                                                                                                              rank
                                                                                                                                                                                        have noted, too, Canada is a



       T
                                                                    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
       FeAture sTory

       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 (tanderson@csg.org)




       T
             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
                                                                         congressional delegation.
                                                                                                                                               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
       StAteLine ProfILe


       Kansas Rep. Paul Davis
       Lawrence native working to secure bipartisan support for
       improving education and diversifying state economy
       by Kate Tormey (ktormey@csg.org)




       S
              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
                                                                                                                                         coaster”?
       Anthony Hensley).
            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
                                                                      Association
       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.
       Strengthening communities
                                                                   Q:       Your interest in politics started with internships


       D                                                                                                                         Q:
              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
       FirSt Person
                                    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)




       N
              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
                                                                                                                        State                                   ALR3
                                                                                                                                    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.
                                                                                                                   North Dakota                                                
                                                                    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
                                                                                                                   3
                                                                                                                     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
                                                                                                                                           public safety.
            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 tanderson@csg.org.
       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
                                                                                                                                                         prisoner reentry
        I
           n November, some of the region’s newest
           legislators joined policy experts in Cleveland


                                                                                                                                                        P
           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


                                                                             T
            • 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
                                                                                                                                                                                prisoner reentry.
                                                                                                                                                                                    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 dmiller@csg.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

        L
              egislators from around the Midwest are
              encouraged to make plans now to at-
              tend the region’s premier event for state
                                                                                                                                       C ALENDAR
        policymakers.
            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 (ltomaka@csg.org)
                                                                 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 (karnold@csg.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 (gmeyer@csg.org)
        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
                                                                                                                                        18TH ANNUAL
        currently writes an online political column, Mullings,   Office at 630.925.1922 or csgm@csg.org.                      BOWHAY INSTITUTE FOR LEGISLATIvE
                                                                                                                               LEADERSHIP DEvELOPMENT (BILLD)
               Bright start: CSG Midwest holds legislative                                                                                August 10-14, 2012
                                                                                                                                           Madison, wisconsin
              institute on child development in Minnesota                                                                              Application deadline: April 2




        A
                                                                                                                                Contact: Laura Tomaka (ltomaka@csg.org)
               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 (krinehart@csg.org)
        development in young children, as well as how            Sen. Kathy Sheran                                                             859-244-8249
                                                                                                                                                www.csg.org
        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 (karnold@csg.org)
        Dakota and South Dakota.                                                                                                              800.800.1910
            For more information on these institutes,                                                                                     www.csg.org/events
        please contact Laura Kliewer at lkliewer@csg.org         Above, from left: Rep. Marion Greene, Rep. Sandra Peterson
        or 630.925.1922.                                         and Rep. Jenifer Loon




11   STATELINE MIDWEST December 2011
 CAPitoL CLIPs
           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
 non-PRoFit oRG.



                                                      PeRMit no. 210
                                       FReePoRt, iL




  Midwest
Stateline

                                                                                                                                                                                                                                                                                             ChANGe SeRVICe ReQueSTeD
                                                                                       The Council of State Governments


                                                                                                                                              701 e. 22nd Street, Suite 110
                                                                       november 2011



                                                                                                                                                                              Lombard, IL 60148-5095



                                                                                                                                                                                                                                                 e-mail: csgm@csg.org
                                                                                                                                                                                                       Phone: 630.925.1922



                                                                                                                                                                                                                                                                        www.csgmidwest.org
                                                                                                                          Midwestern Office




                                                                                                                                                                                                                             Fax: 630.925.1930

				
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