MARCH 2020 | VOLUME 29, NO. 2 THE COUNCIL OF STATE GOVERNMENTS | MIDWESTERN OFFICE

regulations on PFAS to protect States take lead on pfas problem drinking water (as of February 2020)

‘Forever chemicals’ persist in environment and are linked to health problems; options State Details on regulations

include drinking water standards, legal remedies to help fund cleanup efforts Groundwater quality standards in Illinois development by Jon Davis ([email protected]) include chrome plating, electronics website, such advisories “are non- Groundwater cleanup target levels in Iowa manufacturing and oil recovery. enforceable and non-regulatory” effect ichigan and Minnesota Known as “forever chemicals” and intended as informational are leading the charge to because they don’t break down, guides for state and local officials on Health-based guidance levels, ground- water cleanup target levels and surface corral compounds known PFAS can accumulate over time, dealing with contamination above M water discharge limits in effect by an alphabet soup of acronyms including in drinking water. the advisory level. Michigan that have become the source of That aspect, combined with While the EPA is working on Maximum contaminant levels proposed widespread concerns about the related health hazards that have setting “maximum contaminant and under development safety of drinking water across the become known in the last 20 to 30 levels” — legally enforceable limits Health-based guidance levels and Midwest. on what is allowed in drinking water Minnesota years, has led many states to begin groundwater guidance levels in effect Per- and polyfluoroalkyl learning just how pervasive PFAS — for PFAS, states today are left substances, known collectively as are, the threats they pose, and how mostly to their own devices. Groundwater cleanup target levels in Nebraska PFAS, are a group of more than best to regulate them. The best thing states can do to effect 4,700 chemicals that have been in According to the U.S. gauge their PFAS situations is to Maximum contaminant levels, ground- use since the 1940s. Environmental Protection Agency, monitor and test water systems water guidance levels and groundwater Wisconsin Their chemical structures make “studies indicate that PFOA and and wells for contamination, says discharge limits in pre-proposal PFAS resistant to stains, grease and PFOS can cause reproductive and Rebecca Klaper, director of the development phase water, which led to their widespread developmental, liver and kidney, Great Lakes Genomics Center at the use in paper and cardboard and immunological effects in University of Wisconsin-Milwaukee’s Sources: American Water Works Association, CSG Midwest research packaging, food wrappers, personal laboratory animals. Both chemicals School of Freshwater Sciences. care products, carpeting and have caused tumors in animals.” “It’s not like, ‘Who hasn’t known PFaS-related legislation in clothing — anything treated with (PFOA and PFOS are part of the these compounds were around?’ Scotchgard, for example — fire group of PFAS chemicals.) but we’re able to detect them at midwest (as of february 2020) suppression foams, and materials The federal agency also reports much lower levels, and we now with non-stick properties such higher cholesterol levels among know some of the potential health as Teflon. Industrial applications exposed populations, and more effects of exposure, even at lower limited findings related to low levels,” Klaper says. “We don’t really birthweights, effects on the have great ways to clean up the immune system, cancer (for PFOA) industrial sources, so a good place and thyroid hormone disruption (for to start is drinking water.” PFOS). In 2009, the EPA set initial “health MICHIGAN’S MULTI-FACETED advisory levels” at 400 parts per APPROACH TO PFAS trillion for PFOA and 200 ppt for PFOS. The agency reset those to a Michigan in 2015 became the first sum of 70 ppt for both chemicals state in the Midwest to set limits on PFAS-related legislation introduced, in May 2016, but, as stated on EPA’s allowable discharges into surface including enforceable limits/standards to protect drinking water COVER STORY CONTINUED ON PAGE 7 Source: Safer States Inside this issue

CSG Midwest Issue Briefs 2-3 Question of the Month 5 Capitol Insights 8-9

• Criminal Justice & Public Safety: Michigan’s “deep dive” • Do Midwestern states have procurement laws that • Profile: Michigan into county jail populations leads to 18 new policy ideas encourage the purchase of recycled products? House Minority Leader Christine Greig • Economic Development: Federally designated Opportunity Zones open new options for states Capitol Clips 6 • FirstPerson article: North Dakota Gov. • Agriculture & Natural Resources: Minnesota has emerged • Flooding cost Midwest $6.2 billion in 2019; this year, states Doug Burgum as national leader in efforts to protect pollinators are planning for more • Great Lakes: High water levels, shoreline erosion have state • In Saskatchewan, new rules on CSG Midwest News 10 leaders searching for policy responses vaping sales take effect • CSG Midwest Under the Dome Initiative helps bring • Wisconsin invests in peer-to-peer workshop on civil discourse to Kansas legislators Around the Region 4 suicide prevention program • A look at nine policy ideas from nine State of the State • Ohio looks to upskill workforce BILLD Alumni Notes 11 addresses delivered in January and February with micro-credentialing law • Illinois legislators ensure students • A look at three alumni now serving in key leadership MLC Chairman’s Initiative: Literacy 5 get excused school absence to posts in state government vote • Guest column: Why the ability to project strength and • Wisconsin has new law to help children with dyslexia; other warmth is critical to legislative leadership states require screenings, interventions CSG MIDWEST ISSUE BRIEFS

criminal justice & public safety Michigan took a hard look at its county jail system and population, and now has several ideas for reform

by Mitch Arvidson ([email protected]) attributable to pretrial detentions officers’ discretion to use appearance and inmates serving short-term, post- tickets as an alternative to arrests; In Michigan, crime rates have fter nine months of extensive, conviction sentences. reduce the use of arrest warrants unprecedented analysis of fallen, while jail incarceration • While most people admitted to jail for failure to appear in court or pay rates have increased A Michigan’s county jail populations, stayed for less than a week, those who fines and fees; and make greater a specially formed task force has delivered stayed for longer than one month made use of behavioral health services to 18 recommendations to the Legislature Crime rate hits high of up 82 percent of jail bed-days. deflect people away from Michigan’s 6,800 in 1975, then declines designed to improve state policies and • Driving without a valid license was criminal justice system and connect 000 00 curb rising jail incarceration rates. the third most common reason for jail them with treatment options. 000 The bipartisan task force’s work reflects admission. In January, Michigan House 000 0 concerns in Michigan about the impact 000 2 The recommendations now under Speaker Lee Chatfield and Senate of a growing jail population, which has Majority Leader Mike Shirkey stated 000 00 occurred even amid big drops in the legislative consideration reflect these

Crime rate Crime rate 000 and other findings. For example, because their intentions to review the state’s total crime rate (see line graph). recommendations and introduce 2000 Jail incarceration rate rose from 0

of the role of traffic violations in the rate Jail incarceration Who is being sent to these facilities? 63 in 1975 to 166 in 2015 22 overall jail population, one idea is to them to the legislative process. 000 Why? And for how long? “I really feel strongly that the 0 00 “stop suspending and revoking licenses Getting statewide answers to these recommendations are interrelated;

for actions unrelated to safe driving.” 200 20 questions has been difficult because they really should be adopted And because the majority of the the data and records on jail inmates are as a package,” says Bridget Mary ear population is in jail for less than a week, held individually McCormack, chief justice of the C the task force recommends shortening the by Michigan’s Michigan Supreme Court. 00000 time people spend in jail between arrest 83 counties. McCormack, who served as co- Part of the job and arraignment — to 24 hours in most chair of the task force along with 00000 of the task force instances, and no more than 48 hours. It Lt. Gov. Garlin Gilchrist II (other also says the state’s bail laws should be (formed by members included legislators, law Source: he Pew Charitable rusts gubernatorial revised, by strengthening the presumption enforcement and judges), says the executive order), of release on personal recognizance nine months of jail-population then, was to and setting higher thresholds for judges analysis yielded useful, and government or the state Department of collect this to impose non-financial and financial Michigan Chief sometimes unexpected, results. Corrections. This is up from one in nine in information and conditions for release. Justice Bridget Mary “For me personally, I was surprised to the 1970s. McCormack find statewide For defendants who cannot afford bail, learn that the jails in our rural counties patterns. It or who are not eligible for pretrial release were growing far more significantly analyzed arrest and must stay in jail for longer than a than the jails in our urban populations,” North Dakota Rep. Shannon Roers Jones information from 600 law enforcement week, the task force recommends that McCormack notes. and Illinois Sen. Mattie Hunter serve as agencies, court data from 200 district they be tried within 18 months of arrest. This could be due to rural counties co-chairs of the Midwestern Legislative and circuit courts, and admission records It also proposes policy changes having a lack of alternatives to jail, Conference Criminal Justice & Public Safety from 20 representative county jails. to decrease the number of people but also the fact that one in four Committee. The vice chair is Indiana Sen. Michael Crider. Mitch Arvidson serves as Among the findings: entering the jail system at the front people in rural jails are held by non- CSG Midwest staff liaison to the committee. • Michigan’s jail growth is equally end — for example, expand police county authorities, such as the federal Economic development Bipartisan legislation in Wisconsin boosts incentives to invest in federally designated Opportunity Zones

by Laura Tomaka ([email protected]) • An elimination of taxes on potential and an additional 15 percent after seven Number of qualified opportunity zones profits from an Opportunity Fund if years. in midwestern states s of early March, Wisconsin was set to the investment is held for 10 years. (An “We should be doing what we can A become one of the first states in the Opportunity Fund is an investment to incentivize investment in Wisconsin, 25 nation to expand incentives for private vehicle for business investments in these and this bill does that,” says Rep. Nancy investments in federally designated zones.) VanderMeer, sponsor of the legislation. 128 Opportunity Zones. Eligible projects include commercial 25 120 Up to 25 percent of a state’s census 288 Under AB 532, which passed with and residential real estate development, tracts that qualify as low income (along 62 bipartisan support in the Assembly and new business ventures, and the 44 with a limited number of contiguous 320 Senate, Wisconsin would double the 156 census tracts) expansion of existing operations. 327 tax credits for investors supporting can be submitted “One of the things that stood out to 74 projects in financially strapped, low- for designation. us here is that we’re incentivizing private income communities across the state. Nationally, capital investment and not spending tax (The bill had not yet been signed by the there are now dollars,” VanderMeer adds. governor as of early March.) Source: CSG Midwest research more than 8,700 Another plus: Opportunity Zones Opportunity Zones were established Opportunity cover a diverse group of communities. by the U.S. Congress three years Zones. For example, nearly 30 percent of them ago. Under that 2017 law, governors In Wisconsin, are in Wisconsin’s rural areas. program is real estate investment, both submit lists of low-income census which has 120 “[It] is incentivizing private capital residential and commercial,” she adds. tracts to be identified as Opportunity designated zones, to areas of the state that might not “That might mean a new apartment Zones. Through federal tax incentives, Wisconsin Rep. lawmakers saw otherwise garner investment,” she says, complex, a business expansion or investors are then encouraged to Nancy VanderMeer an opportunity adding “there’s a somewhat rare rural investment in a new mixed-use retail- reinvest unrealized capital gains into to build on the and urban appeal to the proposal.” residential building.” development projects in these areas. In federal program. “I’m always thinking about how to particular: AB 532 doubles the state’s Opportunity drive investment to rural areas, and • A deferral of federal taxes on any Zone tax exclusion for investors who economic development in general,” Nebraska Sen. John McCollister and Ohio Rep. Dave Greenspan serve as co-chairs recent capital gains until 2026. invest in an Opportunity Fund. VanderMeer says. “This legislation is • A reduction of capital gains tax a unique way to do that, especially of the Midwestern Legislative Conference Under the legislation, investors Economic Development Committee. The payment by up to 15 percent (10 percent utilizing an already existing program and receive an additional 10 percent state vice chair is Indiana Rep. Karlee Macer. if the investment is held for five years, capital gains tax reduction if they hold structure set up at the federal level.” Laura Tomaka serves as CSG Midwest staff and an additional 5 percent if held for at an investment in a Wisconsin Qualified “The most typical type of investment liaison to the committee. least seven years). Opportunity Fund for at least five years, that has been and will be utilized in the

2 STATELINE MIDWEST | MARCH 2020 Agriculture & natural resources

Over past five years, Minnesota has emerged as national leader in efforts to protect pollinators

by Carolyn Orr ([email protected]) due to disease, the effects of pesticides, climate change and loss of habitat. “Comprehensive policy work and or lawmakers, the results of some “Comprehensive policy work and legislative actions can be seen habitat changes take time, something habitat changes take time, something Falmost immediately — allocate that may be limited for our pollinators,” funding to repair a road, for example, Hansen says. and it’s likely to get fixed soon. What can a state do to help? that may be limited for our pollinators.” But there are other areas where the Starting in 2014, Minnesota has effects of a new state investment or taken several steps, all with a focus “on Minnesota Rep. Rick Hansen policy only will be evident over the supporting good science so that public longer haul. In Minnesota, Rep. Rick dollars are used efficiently,” Hansen says. Hansen says, that will be the case with One of the first steps was to invest $4.2 inspection costs for claims. share program that helps homeowners his state’s commitment to pollinator million for a new bee research facility at Meanwhile, two long-running, make pollinator-friendly plantings in conservation. the University of Minnesota; that school’s conservation-focused funds in their residential lawns. “Important work is often slow and Bee Lab now supports the work of three Minnesota — each with their own The goal of Lawns to Legumes is to results aren’t immediate,” he adds, “but researchers and investigates both native dedicated revenue sources — have provide food sources for all kinds of you hope they are steady.” and honey bees. helped the state advance other pollinators, but the state is particularly Minnesota is leading the Midwest, Minnesota also was one of the first pollinator-friendly policies. interested in saving the rusty patched and most of the nation, in efforts to states to address the issue of insecticide- The Outdoor Heritage Fund receives a bumble bee, an endangered species that protect and promote the population of treated plants being sold as suitable for portion of the state sales tax (the result lives in the cities of Minnesota (and has pollinators. pollinators. HF 3172 of 2014 restricted of a constitutional amendment that been named the official state bee). About one of every three bites of food the labeling of plants as “pollinator raised the sales tax by three-eighths of Minnesota also was one of the first we eat require direct pollinators, and friendly” if they had been treated with a 1 percent for 25 years). One use of this states to recognize the potential value indirectly, pollinators play a role in 75 systemic insecticide. fund is the restoration of prairie habitat, of solar farms for pollinator habitat, percent of what we eat. The Midwest is That legislation also gave the state- and the Legislature now ensures that establishing standards and guidelines home to thousands of pollinator species, run Minnesota Zoological Garden a new any of these state-financed restorations for the developers of these sites to create including more than 400 species of statutory role — as an “official pollinator protect pollinators. “solar sanctuaries” (HF 3353/SF 2689 of native bees. bank” to help avert the extinction of Over the last five years, too, more 2016). Not only do neighboring fields But the pollinator population is at risk threatened and endangered pollinator than $9 million in pollinator-related benefit from a diverse bee population, species. projects has come from Minnesota’s one enterprising owner of a Minnesota That same year, legislators also Environmental and Natural Resource Trust apiary located hives in one of the solar provided funding in the state’s Fund, which gets a portion of state lottery farms — and now markets the product supplemental budget to compensate revenue. (Voters established this fund, via as “solar honey.” bee owners for dead bees attributed a constitutional amendment, in 1988.) to pesticide poisoning. Through That money has been used to create, Minnesota Rep. Paul Anderson and Illinois 2018, the Minnesota Department of restore or enhance native pollinator Rep. Norine Hammond serve as co-chairs Agriculture had documented nine habitats; complete biological surveys; of the Midwestern Legislative Conference Agriculture & Natural Resources Committee. cases of acute pesticide poisoning. and conduct research on insecticides The vice chair is North Dakota Sen. Jim The state provides up to $150,000 and pest management strategies. Most Dotzenrod. Carolyn Orr serves as CSG per year for compensation and recently, in 2019, the state established photo of rusty patched bumble bee from Kim Mitchell, U.S. Fish & Wildlife Service Midwest staff liaison to the committee. $100,000 per year to cover the “Lawns to Legumes,” a $900,000 cost- Great Lakes Caucus, other regional organizations outline six priorities for federal action on protecting lakes, shorelines

arlier this year, the Great Lakes- bill to gradually boost annual GLRI funding are transported on the Great Lakes in state-federal efforts to stop Asian carp St. Lawrence Legislative Caucus until it reaches $475 million by 2026. waterway each year. from reaching the Great Lakes. One of Ejoined a coalition of regional The Soo Locks in Sault Ste. Marie, the coalition’s priorities for 2020: Fund organizations in laying out a six-point #2: INVEST MORE IN WATER Mich., has been dubbed the “linchpin preconstruction engineering and design action plan for the U.S. Congress and INFRASTRUCTURE of commercial navigation in the Great for the Brandon Road project. Trump administration. Along with state Lakes” because it allows vessels to pass With concerns about PFAS legislators and agencies, the coalition between Lake Superior and the other #6: HELP SHORELINE contamination (see cover story) and includes environmental, business and Great Lakes. Funding for a new Soo Lock COMMUNITIES labor groups and tribal and city leaders. the safety of drinking water on the rise, is a priority of the caucus and other Here is an overview of the six priorities. more federal action and investments regional groups, as is upgrading other The U.S. Congress has authorized a are needed, the caucus and other Great locks, commercial ports and navigation new study to map out a plan to manage #1: MAINTAIN FUNDING FOR Lakes organizations say. infrastructure in the Great Lakes region. and protect 5,200 miles of Great Lakes First, they suggest more federal coastline. Full funding for the Great GREAT LAKES RESTORATION funding for two revolving funds: the Lakes Coastal Resiliency Study is still In late 2019, key congressional leaders Drinking Water Fund, which helps #4: REDUCE NUTRIENT needed, and this is a priority of the from the region secured the first-ever replace or upgrade local drinking water POLLUTION FROM FARMS caucus and other regional organizations. boost in funding for the Great Lakes systems; and the Clean Water Fund, By fully funding conservation The study, they say, will “identify ways Restoration Initiative since its inception which supports improvements to local programs in the U.S. farm bill, the to safeguard coastal communities from a decade ago. As a result, $320 million wastewater treatment systems and regional coalition says, the federal erosion, flooding and other impacts from will go to various GLRI projects this year; other infrastructure projects. Other government can help states and their changing lake levels.” that’s up from $300 million. ideas include improved monitoring farmers adopt practices that reduce Maintaining this funding level is a and cleanup of PFAS contamination nutrient runoff from agricultural land — Indiana Sen. Ed Charbonneau serves as top priority of the caucus and other sites and a greater emphasis on “green a major cause of harmful algal blooms. chair of the Great Lakes-St. Lawrence regional organizations. The GLRI funds infrastructure projects.” projects (by states, local governments Legislative Caucus. Illinois Rep. Robyn #5: STOP ASIAN CARP, WITH Gabel is the vice chair. The caucus is a and other entities) that remove toxic #3: STRENGTHEN GREAT LAKES FOCUS ON BRANDON ROAD binational, nonpartisan organization of substances from the Great Lakes basin, MARITIME TRANSPORTATION state and provincial legislators that focuses prevent the introduction and spread of The installation of a new electric on policies related to the Great Lakes and invasive species, control nonpoint source According to the Great Lakes Seaway barrier and other control systems at St. Lawrence River. CSG Midwest provides pollution and restore habitat. Partnership, more than 160 million Brandon Road Lock and Dam in Illinois staff support to the caucus. Earlier this year, the U.S. House passed a metric tons of commercial cargo has been identified as a critical next step

STATELINE MIDWEST | MARCH 2020 3 AROUND THE REGION

Nine Midwest Governors gave state of the state addresses in January and February; here is one policy idea from each of them

ILLINOIS GOV. PRITZKER: ETHICS IN KANSAS, A PUSH FOR NORTH DAKOTA COUNCIL AIMS 1 REFORM NEEDED TO RESTORE 4 MEDICAID EXPANSION, HELP FOR 7 TO IMPROVE COLLABORATION TRUST IN GOVERNMENT RURAL HOSPITALS ON EDUCATION POLICY

Illinois Gov. J.B. Pritzker is pressing legislators Kansas Gov. Laura Kelly unveiled a bipartisan North Dakota legislative sessions are only held in 2020 to enact “real, lasting ethics reform.” agreement in January to expand Medicaid in odd-numbered years, but Gov. Doug Burgum Along with singling out the need eligibility to more low-income residents. “We still delivered a State of the State address for stronger laws that prevent are so close; let’s get this done,” in early 2020. In it, he singled out last year’s conflicts of interest, Pritzker said in Kelly said in her State of the State passage of SB 2215, which established a K-12 his State of the State address that address to legislators. The expansion Education Coordinating Council. Illinois needs a “revolving door” would be funded by a surcharge on That 18-member council, Burgum law — a ban on legislators lobbying hospitals; it includes a work-referral said, is now bringing “everybody immediately after leaving office. program for beneficiaries and a together in one room” — teachers, Eight Midwestern states have such prohibitions requirement that the expansion legislators, school administrators, in place (see map), according to Public Citizen, a population pay a monthly premium. school board members, the nonprofit, consumer-advocacy group. The agreement also contains other health state executive branch, etc. — to policies, including additional support for the identify opportunities for greater state’s struggling rural hospitals. As of mid- collaboration, review the delivery INDIANA GOV. HOLCOMB: NEW February, it was unclear whether the plan would of education services and recommend policy ADOPTION UNIT WILL HELP KIDS pass the Legislature. Eight Midwestern states (all changes. “[It] puts us ahead of almost every 2 FIND PERMANENT HOMES but Kansas, South Dakota and Wisconsin) have other state,” he said. adopted Medicaid expansions in recent years. Indiana Gov. Eric Holcomb announced SOUTH DAKOTA GOV. NOEM plans to create a special unit within state MICHIGAN GOV. WHITMER SEEKS CALLS FOR NEW INVESTMENTS government with a sole mission: find MORE HELP FOR FAMILIES AS 8 IN RURAL BROADBAND permanent homes for the children 5 of parents whose rights have been READING LAW TAKES EFFECT In her State of the State address, Gov. Kristi terminated. According to Holcomb, Michigan Gov. Gretchen Whitmer is Noem said South Dakota needs to make sure that 1,400 children in the state are establishing new public-private partnerships its residents “aren’t forced to choose between the currently available for adoption. to help families navigate a state modern economy on the one hand, and life in The new unit will be part of the law that will keep students from their hometowns on the other.” With that in mind, Department of Child Services (DCS). advancing to fourth grade if they she stressed the importance of finding policies Holcomb also told legislators that the state are reading below grade level. Some that bring high-speed internet to “even will reduce the time it takes to adopt a child to flexibility was built into this retention the most remote” communities. under one year. mandate: families and educators Last year, the Legislature approved can seek exemptions, and Whitmer a $5 million plan to launch Connect IOWA GOV. REYNOLDS CALLS wants to make sure this option is South Dakota, a grant program that FOR TAX SWAP — HIGHER SALES known among parents whose students are at connected 4,800 households to 3 TAX, LOWER INCOME TAX a higher risk of being retained. Michigan’s new broadband; Noem asked lawmakers to budget, meanwhile, is investing more dollars in approve another $5 million in 2020. Iowa Gov. Kim Reynolds wants to raise the literacy coaches to improve reading instruction. state’s sales tax rate by 1 cent, a move that WISCONSIN GOV. EVERS she says would meet several objectives: more NEBRASKA GOV. RICKETTS PROPOSES EXPANSION OF FARM- money for water quality, a dedicated UNVEILS $16 MILLION PLAN FOR 9 TO-SCHOOL PROGRAMS source of state funding for Iowa’s 6 CAREER-BASED SCHOLARSHIPS regionally based mental health Gov. Tony Evers focused much of his State of system, and reductions in income Gov. Pete Ricketts said his state must do more the State address on ways to help Wisconsin’s and property taxes. to “connect the next generation of Nebraskans agriculture industry, noting that the state had lost “Any increase in revenue from a with great careers.” His policy idea: one-third of its dairy farms between 2011 and sales tax must be more than offset offer $16 million in scholarships 2018 and leads the nation in farm bankruptcies. by additional tax cuts,” Reynolds said to help Nebraska colleges attract His mix of strategies includes helping build in her Condition of the State address. students pursuing careers in math, direct, local markets for the dairy Under a constitutional amendment passed engineering, health care or computer products and other foods made by by Iowa voters in 2010, part of the revenue information systems. Recipients Wisconsin farmers. Evers is proposing from any sales-tax increase (three-eighths of would take part in a Nebraska-based state grants to expand farm-to-school 1 cent) must go to a natural resources and internship or apprenticeship, and programs and start a new “farm to fork” outdoor recreation trust fund. Reynolds wants the state would track program outcomes — for initiative. The goal: Get more locally most money in that fund to go to water quality- example, how many scholarship graduates produced food into the cafeterias of related initiatives. become employed by Nebraska businesses. schools, hospitals and businesses.

‘Revolving Door’ Laws in Midwest % of state population in Midwest covered by medicaid (2018) % of U.S. residents who report having access to digital technologies

12% Rural Urban Suburban 18% 13% 17% 22% Home broadband 63% 75% 79%

19% Smartphone 71% 83% 83% 13% 21% 19% 18% Tablet 49% 49% 58% Two-year ban on legislators lobbying after 14% Desktop or leaving o ce (in South Dakota, ban is for 69% 73% 80% lobbying on behalf of a private entity) laptop computer

One-year ban (Kansas’ ban is on contract lobbying; A S 20 S 20 Source: Pew Research Center Minnesota’s applies only to House members) Source: Kaiser amily oundation No ban

Source: Public Citien

4 STATELINE MIDWEST | MARCH 2020 MLC Chairman’s Initiative on Literacy: Wisconsin has new dyslexia law; other states require screenings, interventions and teacher training

by Tim Anderson ([email protected]) Dyslexia-related requirements new resource is complete, Wisconsin school districts n Wisconsin, the path to getting any in Midwest* must provide a link to it on kind of dyslexia-related bill through the their websites. ILegislature has never been easy, with As part of the statute, too, bills in various sessions getting caught up Wisconsin legislators defined in what has been called the state’s “reading dyslexia: wars” over issues such as phonics, whole language and how best to instruct students. “[A] specific learning But proponents of getting the state, and disability that is its school districts, to do more to help neurobiological in origin … young people with dyslexia and related characterized by difficulties conditions finally found some legislative with accurate and fluent word success in early 2020. recognition and by poor spelling and decoding abilities. These “It’s going to be a very good first step,” S Wisconsin Rep. Bob Kulp says of AB 110, difficulties typically result from intervention laws also provide educators which became law in February. “[It] puts a deficit in the phonological component with some level of in-service professional dyslexia on the radar screen in our state.” S of language that is often unexpected in development,” he adds. “But in many Prior to the bill’s passage, Wisconsin was relation to other cognitive abilities.” cases, it is just a one-time event. About a dozen have laws that address pre-service one of four Midwestern states (Kansas, S Kulp is now looking to take additional Michigan and South Dakota are the others) policy steps — for example, modifying training and educator preparation.” The prevalence of dyslexia among without laws on dyslexia, according to the local reading assessments (AB 632) National Center for Improving Literacy. and requiring that each of Wisconsin’s students varies widely in different studies, Much of that center’s research has focused S Cooperative Educational Service Agencies, but the rate usually falls between 3 on provisions that require dyslexia-related which provide support to K-12 districts, percent and 7 percent. Gearin says these * Nebraska, Ohio and Wisconsin have dysleia-related students’ reading difficulties often can be screenings and interventions by school laws, but no reuirements as described above . hire a dyslexia specialist (AB 635). alleviated if they are addressed early on. districts, as well as training for prospective Source: National Center on Improving Literacy His proposals also incorporate some of and current teachers. the state strategies tracked by the National “After that, schools should use evidence- Wisconsin’s AB 110 includes no such Center for Improving Literacy; AB 604, for based interventions that correspond to a mandates. An advisory committee will write the instance, would require school districts to student’s specific area of need.” Instead, the state Department of Public guidebook, and Kulp says it will be made have a policy for identifying and helping Instruction (DPI) will develop a guidebook up of equal numbers of members from students with dyslexia. This year’s Midwestern Legislative Conference on dyslexia and related conditions and two groups that traditionally have been on According to the center’s Brian Gearin, Chairman’s Initiative of Michigan Sen. Ken Horn is focusing on state policies related to then update it every three years. It will opposing sides in the state’s “reading wars.” among the 50 states, universal screenings literacy. Stateline Midwest will feature a series include information on how to identify “The idea is to throw them in a room and early interventions are the most of articles on this subject throughout the dyslexia and provide students with proven together and, with help from the DPI, common policy trends. calendar year. intervention and instructional strategies. build a guidebook,” he adds. Once this “Most states with screening and Question of the Month

mandatory recycling law in place. The breadth of QUESTION | Do Midwestern states have procurement laws these laws can vary widely. Illinois’ statute only that encourage government purchasing of recycled products? covers mercury thermostats, for example, while in Wisconsin, local governments are required to have recycling programs that collect aluminum Legislation in nearly every state in the region without a specific price preference. Instead, cans, corrugated cardboard, food and beverage provides a purchasing preference to products many of these statutes call for state agencies to containers, and certain types of paper. manufactured or produced using recycled buy recycled products whenever economically Nationwide, the five materials most frequently content. However, the extent of the preference feasible. covered by states’ mandatory recycling laws varies, including whether the state has statutory are lead-acid batteries, corrugated cardboard, language that spells out a price preference for Paper is a commonly requested recycled product high-grade office paper, aluminum and tin cans, bidders who offer recycled products. and has been one of the nation’s recycling success stories. Slightly more than 68 million tons and glass containers. Indiana, Kansas, Michigan and Minnesota are of paper and paperboard were recovered in 2018, Six states in the Midwest have battery-recycling examples of states that specify a particular price a new high, according to the American Forest laws of some kind, notes Call2Recycle®, a consum- preference. Indiana offers a price preference of and Paper Association. This has kept increasing er-battery recycling and stewardship program. between 10 and 15 percent for products contain- amounts of paper out of landfills. In 2017, 22 ing recycled content, while million tons of paper products In Minnesota and Iowa, the producers of certain Kansas provides a 5 percent went to landfills, compared to types of batteries must offer or fund recycling price preference. The Kansas 36 million in 2007. of their products. (Minnesota’s law covers preference applies only to more types of batteries than Iowa’s.) The laws paper, including newsprint Along with using their pur- in Indiana, North Dakota, South Dakota and and high-grade printing and chasing powers to encourage Wisconsin apply to lead-acid batteries. Indiana writing paper. recycling, states have the and Wisconsin require retail sellers to post notices option of restricting the dis- to customers about the state’s disposal and In Michigan, the statute posal of certain materials from recycling laws. North Dakota and South Dakota provides for a 10 percent landfills and/or requiring that require retailers to accept lead-acid batteries as price preference for recycled certain materials be recycled. materials. In addition, the part of a customer exchange/trade-in. law includes language that According to a 50-state study a minimum of 20 percent from the Northeast Recycling of purchased products contain recycled content. Council, every Midwestern state has a disposal Question of the Month response by Ilene Grossman, CSG Midwest assistant director. Minnesota also requires the purchase of products ban of some kind. (Nationwide, the most com- She can be reached at [email protected]. with recycled content, when they do not exceed monly banned materials are lead-acid batteries, CSG Midwest provides individualized research the price of products without recycled content by waste oil, tires and liquid wastes.) assistance to legislators, legislative staff and more than 10 percent. other state government officials. This section In addition, Illinois, Indiana, Iowa, Minnesota, highlights a research question received and Other states in the Midwest have statutes that Ohio, North Dakota, South Dakota and answered by CSG Midwest. Research inquiries express a general preference for the purchase Wisconsin were among the 22 states noted in can be sent to [email protected]. of products with recycled content, but often the council’s 2017 study as having some kind of

STATELINE MIDWEST | MARCH 2020 5 CAPITOL CLIPS

Flooding cost Midwest $6.2 billion in 2019; this year, states are planning for more

The National Oceanic and Atmospheric Administration estimates that last year’s flooding along the Mississippi and Missouri rivers from torrential rains that also soaked Indiana and Ohio cost the Midwest $6.2 billion in physical and economic damage. In January, the governors of Iowa, Kansas and Nebraska (joined by Missouri) signed a “memorandum of agreement” to cooperate in ongoing flood recovery projects and prepare for future floods along the Missouri River. Under the multi-state agreement, the Iowa Department of Natural Resources, Kansas Water Office and Nebraska Department of Natural Resources (along with Missouri’s Department of Natural Resources) will: • identify areas for joint study to improve flood recovery and flood control projects; • advocate on behalf of the states to guide the federal government’s management of the Missouri River; and • coordinate flood infrastructure projects to mitigate damages in the three states. Meanwhile, this year’s legislative sessions in the Midwest have included several measures related to flood recovery and mitiga- tion — for example, a $20 million Flood Recovery Plan in Iowa (SF 2144, signed into law in February), a legislative resolution in Nebraska (LR 288, adopted in February) urging the U.S. Army Corps of Engineers to prioritize flood control in its management of the Missouri River, and a bipartisan proposal in Minnesota (SF 3564) to transfer $30 million from the state general fund to a special state account that helps communities recover and rebuild after flooding and other natural disasters. Last year in the Midwest, Illinois’ capital budget allocated $375 million for water management projects, including flood mitigation, and North Dakota legislators passed HB 1014 (signed in May), which created a loan program for homeowners affected by river flooding caused by ice jams.

New restrictions on vaping sales, advertising take effect in Saskatchewan

Under a Saskatchewan law that took effect in February, the province is restricting how vaping and e-cigarette devices are sold, displayed and marketed. Sales to people under the age of 18 are banned, and vaping-related products cannot be used in and around public buildings, including schools. In many ways, The Tobacco and Vapour Products Control Act builds on the restrictions already in place in Saskatchewan for tobacco products. Vaping and e-cigarette products cannot be advertised in areas where young people can enter, and they cannot be sold at amusement parks, arcades and theaters. The province is allowing the regulated sale of flavored tobacco and vapor products to adults. Provincial health officials say many Canadian jurisdictions have similar restrictions in place. In the 11-state Midwest, the minimum legal sales age for e-cigarettes is 21 in Illinois and Ohio; 19 in Nebraska; and 18 in Indiana, Iowa, Kansas, Michigan, Minnesota, South Dakota and Wisconsin, according to the Public Health Law Center at Mitchell Hamline School of Law.

Suicide mortality rate in midwesT: Deaths Wisconsin suicide prevention task force results in peer-to-peer program for students per 100,000 residents (2018)

Wisconsin will be providing grants for peer-to-peer suicide prevention programs in schools under legislation (AB 528) signed by Gov. Tony Evers in February. Another bill also was expected to become law: AB 531 would require student ID cards issued by pub- 19.2 lic schools and the University of Wisconsin system to include contact information for suicide prevention hotlines. The Wisconsin 13.1 Legislature passed this measure in late February. (Similar ID bills have been introduced this year in other states, including Iowa, SF 19.3 2081, and Nebraska, LB 1001.) 14.8 15.0 In September 2019, the Wisconsin Speaker’s Task Force on Suicide Prevention issued eight policy recommendations for legislators, 15.5 13.4 including the peer-to-peer program and student ID requirement. (Wisconsin Rep. Joan Ballweg, current chair of The Council of 15.3 State Governments, led the task force along with Rep. Steve Doyle.) 11.3 16.0 Many other states are taking action as well. In the Midwest, two new laws in Illinois require that suicide awareness be a part of 19.3 police officer training (HB 2767) and that the state’s postsecondary schools provide students with prevention resources (HB 3404). Late last year, Michigan passed legislation (SB 228) to create a Suicide Prevention Commission, and Minnesota’s FY 2020 budget includes a $265,000 grant program for teachers to get training on suicide prevention. Under a proposal in Saskatchewan (Bill A 2 618), the province’s Health Authority would be required to establish a prevention strategy. 2 Source: U.S. Centers for Disease Control and Prevention

Ohio has new incentives for employers, colleges to help workers earn micro-credentials % of state‘s population, ages 25-64, with a postsecondary degree or credential (2018) With the governor’s signing of HB 2 in early 2020, Ohio deepened its commitment to “upskilling” the state’s workforce, a policy objective that lawmakers say will help employers fill high-demand jobs and prepare individuals for better-paying jobs. 50.6% In part, the new law codifies TechCred, a state initiative launched in September that reimburses employers ($2,000 per worker) for the costs associated with a worker earning an industry-recognized, technology-focused credential. One unique aspect of this 56.0% reimbursement program is a requirement that workers be able to earn the credential in less than a year’s time. This is known as 46.4% 50.1% “micro-credentialing,” and Gov. Mike DeWine is hoping to have 10,000 Ohio workers complete micro degrees every year. 45.5% 49.6% Under HB 2, too, the state will establish the Individual Microcredential Assistance Program to reimburse postsecondary schools and 49.8% 45.5% others for training programs. To receive state funding, providers of this training must have a plan for reaching low-income, partially 52.2% 43.6% unemployed and unemployed individuals. 52.4% According to the Lumina Foundation, 45.5 percent of Ohioans between the ages of 25 and 64 had a postsecondary degree or credential as of 2018. Across the Midwest, the rates of working-age adults with this level of educational attainment have been on the Source: Lumina oundation rise, but still fall short of the attainment goals set by policymakers for their state workforces.

For students wanting to vote, Illinois ensures they get excused absence from school U.s. Voter turnout rate in 2018

Illinois schools must now grant a two-hour excused absence for students seeking to cast a ballot. Signed into law in January, SB % point change Age Rate 1970 is for “any student entitled to vote” in a primary or general election (either on Election Day or during the state’s early-voting from 2014 period). The school can specify the hours that it will allow a student to be absent. 18 to 29 35.6% +15.7 The new law in Illinois reflects a legislative trend in that state and others in recent years — changing state election laws to reduce barriers for young people and other first-time voters. Other examples include allowing individuals to register on Election Day 30 to 44 48.8% +13.2 (Illinois, Iowa, Michigan, Minnesota and Wisconsin have such laws in place) and providing for automatic voter registration when individuals interact with a government agency (Illinois and Michigan). Some states outside the region also have begun to pre-register 45 to 64 59.5% +9.9 16- and 17-year-olds. 65 and up 66.1% +6.7 North Dakota is the only state in the nation that does not require voter registration. As of February, nine of the Midwest’s 10 other states provided for online voter registration. The lone exception was South Dakota, where lawmakers were considering an Source: U.S. Census Bureau online-registration bill this year (as of February, HB 1050 had passed the House).

6 STATELINE MIDWEST | MARCH 2020 COVER STORY

Michigan, Minnesota investing in initiatives to address pfas contamination

» CONTINUED FROM PAGE 1 water: 11 ppt for PFOS and 420 ppt for PFOA, according to the American “It may be that we have to get rid Number of pfas-contaminated sites Water Works Association. in midwest, as of October 2019 In 2018, Michigan began testing of the whole class of chemicals.” public water systems as part of a # of Rebecca Klaper, University of Wisconsin-Milwaukee # of # of systematic, ongoing statewide effort drinking State military other to identify sources of contamination water sites sites* through an inter-agency Michigan systems PFAS Action Response Team. Wolverine will pay $69.5 million to in the damaged areas. The team was created by executive extend municipal water to more than An August 2019 report from the Illinois 5 4 None order in November 2017 by then-Gov. 1,000 properties, to continue the use of Minnesota Pollution Control Agency Rick Snyder; Gov. Gretchen Whitmer drinking water filters in the area where and the Department of Natural Indiana 1 3 None PFOA and PFOS concentrations exceed 10 used an executive order in February 2019 Resources (co-trustees of the Iowa None 2 None to make it a permanent body within the ppt, and to sample residential wells. settlement fund) said $32.4 million Michigan Department of Environment, In addition, Wolverine will have is estimated to be spent in the Kansas 1 2 None Great Lakes, and Energy. to monitor contamination, as well current fiscal year on PFAS cleanup Michigan 172 8 16 (Two pending bills, HB 4746 and SB as investigate and address PFAS projects. contamination in surface waters. If any funds are left over after 402, would codify the action team in Minnesota 35 2 None state law.) In January, Michigan Attorney General those goals are met, money could Dana Nessel sued 17 companies, be used for other projects around Among this team’s tasks: Nebraska None 5 None alleging they “deliberately concealed the the state, says Walker Smith, a • Identify impacted locations and dangers of PFAS and withheld scientific spokesman for the Pollution North Dakota None 5 None implement a plan to assist state and evidence” about them while selling and Control Agency. local authorities to ensure the safety of distributing them in Michigan “in a way Last year, Minnesota also lowered Ohio 6 7 1 Michigan’s land, air and water. that they knew would contaminate its own PFOS health advisory level South Dakota 1 4 None • Assess the status of PFAS- natural resources and expose Michigan — which was already lower than the contaminated sites and develop residents to harm.” EPA’s 70 ppt — from 27 to 15 ppt. Wisconsin 4 5 1 individualized site-response strategies. Michigan Sen. Winnie Brinks, Legislation introduced in • Develop environmental whose constituents were February (HF 3268) would * “Other” includes industrial/manufacturing locales, response and health among those affected by the create a PFAS task force akin to landfills or waste disposal sites, and sites contaminated due protocols. Wolverine situation, says that Michigan’s, with a goal of reducing to firefighting foams. In 2019, Michigan officials ordeal led her to introduce contamination by 50 percent by Source: Environmental Working Group announced they would legislation (SB 14) in January 2026 and 90 percent by 2030. begin the rule-making 2019 to set state maximum process to formalize new contamination limits of 5 ppt NEW RULES ON Along with this activity in state maximum contaminant on PFAS and PFOA. DRINKING WATER AND USE OF agencies, legislation to set maximum levels for seven specific “I knew it wouldn’t FIREFIGHTING FOAMS PFAS compounds based move, but it started a good contamination levels for PFAS has been Michigan Sen. Other Midwestern states are also introduced this year in Illinois (HB 3982), on recommendations from Winnie Brinks conversation,” Brinks says, the action team’s Science adding she is glad the state is taking regulatory and legislative action, Indiana (HB 1338), Iowa (HF 2343) and Advisory Workgroup. moving to regulate the seven especially to ban firefighting foams made Ohio (HB 497). The state has spent about compounds. “These seven are with PFAS: Minnesota and Wisconsin Iowa and Ohio also have released $25 million annually on PFAS cleanup simply the ones we know the most about, have prohibitions in place; legislation was PFAS action plans laying out the need since creation of the Action Response so that’s where we’re starting.” introduced this year Iowa (HF 2241) and to identify sites that are or might Team, says department spokesman Scott Minnesota and Ohio, too, have turned Ohio (HB 328). be contaminated, steps to prevent Dean. Legislators appropriated $30.6 to the courts. In Wisconsin, the state Department contamination, and steps to educate the million for PFAS activities in fiscal year Ohio sued DuPont in 2018; that case is of Natural Resources has begun the public and local officials. 2019. winding its way through a state court. rule-making process to set maximum According to Klaper, identifying Michigan is also suing PFAS Minnesota’s 2010 lawsuit against 3M contaminant levels for drinking water; the and eliminating sources of PFAS manufacturers as part of what Dean alleged the company’s production of new rules are anticipated to be finalized contamination are good steps to take, says is a “multi-faceted” approach to the PFAS had damaged drinking water and in late 2021 or early 2022, and take effect but their known and suspected health cleanup problem. In February, the state natural resources in the southeast Twin later that year. problems won’t go away, especially since settled a two-year-old lawsuit against Cities metro area. The Illinois Environmental Protection the science is known only for a handful of Wolverine Worldwide Inc. over PFAS 3M settled in February 2018 for $850 Agency is proposing new, enforceable the thousands of PFAS compounds. contamination of residential wells in million; as a result, the state has $720 groundwater standards for PFAS and will “It may be that we have to get rid of townships north of Grand Rapids. million to use for safe drinking water and send them to the state’s Pollution Control the whole class of chemicals” as was done Under a proposed consent decree, natural resources enhancement projects Board for approval later this year. with PCBs and CFCs, she says.

U.S. and Canadian environmental agencies preparing to tighten federal regulation of PFAS

PFAS have been on the U.S. Environmental Protection the EPA to classify PFAS chemical compounds as hazardous Agency’s radar since at least 2002, when it issued substances and would hold polluters accountable for “significant new use rules” requiring that the EPA be the cleanup of their contamination under an existing notified before any imports or manufacturing of 88 such Superfund law. compounds. In Canada, PFOS and PFOA compounds are controlled under The agency’s 2019 PFAS Action Plan indicates a more federal “Prohibition of Certain Toxic Substances Regulations,” active regulatory regime is coming, including national which prohibit the manufacture, use, sale, offer for sale or maximum contaminant levels, nationwide monitoring of import of these substances, as well as products containing drinking water, and the addition of some PFAS chemicals them, with a limited number of exemptions. to the EPA’s Toxics Release Inventory Program (which Health Canada posted finalized “Guidelines for Canadian tracks the management and releases of more than 650 Drinking Water Quality for PFOS and PFOA ” in December chemicals that pose threats to human health and the 2018, as well as updated guides for “maximum acceptable environment). concentration” levels in April 2019. Pending legislation in the U.S. Congress (H.R. 535) would toxicity; regulate the use of PFAS in firefighting foams Environment and Climate Change Canada (the EPA’s designate PFAS as hazardous substances and require without jeopardizing firefighting efforts; and develop Canadian counterpart) is in the process of amending remediation of their release into the environment; require a public risk-communication strategy. H.R. 535 was the 2012 regulations by removing the exemptions. The the EPA to create drinking water regulations for certain approved by the House in early January. proposed amendments are scheduled for publication in PFAS compounds and to test all PFAS compounds for Another bill, S. 3227 (introduced in January), would require fall 2020, followed by a 75-day public comment period.

STATELINE MIDWEST | MARCH 2020 7 CAPITOL INSIGHTS

profile: Michigan House Minority Leader Christine Greig

Six-year legislator is leading one of the Midwest’s most diverse caucuses, working to build bipartisan relationships during period of divided government

by Laura Tomaka ([email protected]) Bio-sketch: Michigan Rep. Christine Greig s minority leader in the Michigan House, Christine Greig leads a team of 52 Democrats. As a child  elected House Democratic minority leader in 2019; previously A served as minority floor leader and assistant minority floor leader growing up in neighboring Indiana, she was part of another large team — a worked in private sector as application software expert and close-knit family of 12 children.  consultant; owned a computer services business “I’m number six, right in the middle,” she says. “My whole family and childhood  founded and served as executive director of the Farmington/ upbringing were always very team- Farmington Hills Education Foundation centered. Everyone shared in success, and everyone had a part in success.”  is a 2015 graduate of CSG Midwest’s Bowhay Institute for Greig carries that same philosophy to Legislative Leadership Development (BILLD) her role as a legislative leader. “My number one goal is to define  lives in Farmington Hills with her husband, Bob; they have three sons the passions in each of my caucus’s members, and then help them get to a success point,” she says. “When they are successful as individual legislators, then we will be successful as a caucus.” “It would be really easy for us to just completely go to partisan And they’ve enjoyed some additional political leverage since ends and have a bloody battle about everything. 2019, when a Democrat was elected governor (Gretchen Whitmer) to create But our responsibility is to govern.” divided government in a state where Republicans have long held majorities in both legislative chambers. views on lawmaking and legislative their accomplishments to achieve greater can’t figure out tough issues together, Greig ascended to her caucus’s top leadership, and discussed policy organizational success. I firmly believe but there are also issues that we can leadership position that same year, her priorities for her final year in the term- it is my responsibility to bring our 52 work on very well together. We don’t fifth year in the House. limited Michigan House. members along that journey with me. want anyone walking away from the Her path to the Legislature was not My goal is not convincing every single table. a direct one. Though she had been What do you view as some member to agree with my opinion, involved in student government as a Q of the biggest challenges but to encourage each member to high school student, Greig had a long leading your 52-member, strategically evaluate the issues based What would you point to as and successful career in the private minority-party caucus? on their unique district dynamics and Q the most important policy sector as an expert in computer conscience. And, at end of the day, areas for the Michigan Legislature applications and information technology The diversity of our caucus is everyone needs to live up to their values. to address in 2020 and beyond? — working for Andersen Consulting, A breathtaking. Our members I’m committed to always respecting that. for example, and owning a consulting come here from all walks of life and It’s infrastructure. The state that business with her husband, Bob. bring different perspectives — with half A put the country on wheels is “When my boys started getting into being women and 23 first-timers to the You’ve also talked about the having a lot of challenges with our roads school, I started cutting back on work,” Legislature or first-time officeholders. Q value of building personal and our bridges. We have not invested Greig says. And our members range in age, from relationships across the aisle. Why at the appropriate level to maintain She instead was spending more and their 20s through their 70s, and represent is this important to you? and modernize our infrastructure. And more time as a leader in education, the Jewish, Christian, Muslim and Hindu every year that we’re not catching up on creating a foundation for her local schools faiths, to name just a few, and a diversity It would be really easy for us to that investment, our roads and bridges and traveling to Washington, D.C., and of professionals including scientists, A just completely go to partisan are getting worse. We must address Lansing to meet with policymakers. firefighters and teachers. ends and have a battle about everything. the critical infrastructure needs of our “That’s what got that fire going that Unifying the caucus can be But our responsibility is to govern, which state with a practical long-term funding I had when I was in high school,” she challenging on any issue, but our requires both sides coming together for solution. the residents of Michigan. It takes all of says. “I thought I should run for office diversity enriches the conversation. At Another key priority is the protection us talking and working together. and be that voice for parents who are the end of the day, we are usually able of our environment and, in particular, worried about their kids and be a voice to find common ground on the most We don’t always agree, but you must our water. for teachers — to champion public important issues. I strive to be a resource be civil, and you can be respectful We have people across our state that education investment.” and help new members navigate being and still hold on to your values. In this do not feel comfortable or safe drinking Once elected, she began working a first-time legislator, as well as to help legislative session, we’ve seen a lot more the water that’s coming out of their tap. on a range of K-12 education issues: them find their passion in terms of policy dialogue. We really must make the effort Most people in the country are aware improving policies on school safety and development. to talk and find some common ground of the Flint water crisis, but now we student discipline, addressing teacher by becoming better acquainted with have thousands of PFAS contamination shortages, and strengthening charter- each other as people. sites across the state. Under previous school accountability. How would you describe With our Democratic governor, administrations, we’ve been working Early on, Greig’s colleagues took notice your leadership style? Gretchen Whitmer, and a Republican- under a philosophy of containment, and of her legislative work. She has held a Q controlled Legislature — even when not prevention and cleanup. Now, we leadership title of some kind in each of I follow the servant leadership we reach an impasse — we still have a face a significant challenge to improve her three terms in the House. A model, as it is more of a responsibility to continue discussions and protect our water resources and During a recent CSG Midwest collaborative approach that focuses on and deliver solutions for Michiganders. make sure that we’re living up to our interview, Rep. Greig reflected on her helping members of your team optimize There are going to be times when we moniker of the Great Lakes State.

8 STATELINE MIDWEST | MARCH 2020 First person: NORTH DAKOTA IS TRANSFORMING LIVES BY RESHAPING ITS POLICIES ON ADDICTION

Statewide initiatives improve behavioral health outcomes, promote recovery

executive order in 2018 to promote ef- of Shatterproof’s “Just Five” forts to eliminate the shame and stigma program, the North Dakota Estimated % of population, 12 and older, surrounding addiction. The office has Department of Human Services with a substance abuse disorder a seven-member advisory committee, is bringing this program to chaired by the first lady, that is making a our state team members and over past year* difference in the lives of many. private businesses. Recovery Reinvented, as it is known • We’ve developed the Be- 8.41% throughout our state, is the sum of all havioral Health Strategy, which the impassioned parts working togeth- aims to invest in prevention 6.93% er — an ongoing series of innovative and early intervention, increase 8.75% 8.26% 7.13% practices and initiatives to eliminate the access to community-based treatment and recovery ser- 8.67% shame and stigma of addiction. 7.58% Through public-private partnerships, vices and supports, and reduce 7.78% 7.00% 7.30% we are uniting to find solutions to help criminal justice involvement people with proven prevention, treat- for individuals with behavioral 6.91% ment and recovery approaches. health needs. This strategy by North Dakota Gov. Doug Burgum At the third annual Recovery Reinvent- continues to guide statewide * igures based on surveys from and . he U.S. ed event last November, we were joined programs and investments, estimated rate is . percent. ore than 22 million people in ensuring efforts are effective. by national and state addiction recovery Source: U.S. Substance Abuse and Mental Health Services the United States struggle with experts and more than 1,200 people, in- Administration Mthe disease of addiction. It cluding individuals in recovery and their IMPROVING OUTCOMES destroys lives, families and futures across families, behavioral health and health North Dakota spent more every social and economic group. care providers and administrators, busi- Stakeholders in North Dakota have than $260 million over the past ness and community leaders, faith-based decade on new jails at the city, “North Dakota has increasingly called for improvements organizations, Native American leaders in the state’s behavioral health system, county and state levels. Many and educators. individuals in our corrections made progress in citing unmet treatment needs and in- In addition, we’ve launched several sufficient investments in prevention and system are there because of efforts aimed at promoting recovery and crimes rooted in addiction. Half reducing the rates of recovery supports. eliminating stigma: These challenges are not unique of all arrests in our state are to North Dakota. As substance abuse • The Youth Ending Stigma (YES) Chal- alcohol- or drug-related, and 75 substance abuse and takes its toll on families in our state and lenge, launched in partnership with the percent of those in our prisons across the nation, we must explore new first lady, fosters student-led initiatives have an addiction. Incarcera- related consequences.” approaches to addiction. and projects focused on eliminating tion without rehabilitation is Addiction is a treatable disease, and social stigma surrounding behavioral not a cure for addiction. there is hope for recovery. Recovery health issues, including addiction and In 2016, our judicial, legis- happens at home, in communities and mental health conditions. lative and executive branches In the first 18 months of the program, in the workplace (nearly 70 percent of • The first-ever Peer Support Day at joined forces to request intensive techni- more than 60 percent of participants met individuals struggling with addiction are the Capitol brought together behavioral cal assistance from The Council of State three of four outcomes every month. employed full time). For too long, people health advocates and care providers, Governments Justice Center, with sup- with the disease of addiction have been peer-support specialists and recipients, port from The Pew Charitable Trusts and THE ROAD AHEAD deprived of medical treatment, empa- state and local decision-makers, and the U.S. Department of Justice’s Bureau Today, we continue to build on the thy and compassion because of shame, others to discuss the benefits of peer of Justice Assistance. The goal: use a da- foundation we’ve set over the past two stigma and discrimination. support and its role in recovery. The state ta-driven justice reinvestment approach years ­— addressing head-on the chal- In recent years, North Dakota has has doubled down on peer support by to help the state reduce the corrections lenge of building supportive and strong made progress in reducing the rates expanding reimbursement for these population, contain corrections spend- recovery communities at home, at school of substance abuse and related conse- services and recognizing the importance ing, and reinvest a portion of the savings quences. Today, behavioral health and of peer-support specialists within the into strategies that can reduce recidivism or in the workplace. We all play a role in addiction remain a priority as part of our behavioral health workforce. and increase public safety. creating a culture that enables recovery administration’s Five Strategic Initia- • The Families Strong program is avail- As a result, we implemented Free in North Dakota and our nation. tives. We approach each initiative with able for free to our citizens. Developed Through Recovery, a community-based North Dakota is taking a comprehen- a shared purpose: to Empower People, by the Addiction Policy Forum and Mosa- behavioral health program designed sive approach to addressing the behav- Improve Lives and Inspire Success. ic Group, Families Strong uses a support- to increase access to recovery support ioral health needs in our state by invest- group-based model to help families services for individuals engaged with ing in community-based services and impacted by substance use disorders. OUR APPROACH the criminal justice system who have a supports. By focusing on housing, em- • We launched a workplace recovery serious behavioral health concern. ployment, education and peer support, North Dakota is focused on improving initiative that empowers employers and As a partnership between our depart- we will improve outcomes and reduce access to behavioral health services and human resource officers to create re- ments of Human Services and Correc- costs by avoiding expensive emergency reinventing recovery. covery-friendly workplaces. We provide tions and Rehabilitation, Free Through and psychiatric inpatient care. These Inspired by First Lady Kathryn Bur- resources such as the Workplace Cost Recovery aims to improve health care investments will also help to develop the gum’s courageous decision to share Calculator, the Shatterproof Addiction outcomes and reduce recidivism by state’s workforce and expand access to her own recovery story, we created the Education Program, and the SAMHSA delivering high-quality community behavioral health supports in rural areas. Office of Recovery Reinvented through Workplace Toolkit. Believing in the value services linked with effective community North Dakota is a special place, a place supervision. where everyone can come together to Since the program’s launch in 2018, find solutions. When we can empower SUBMISSIONS WELCOME more than 2,500 individuals have been people by giving them effective tools and resources, we can improve their This page is designed to be a forum for legislators and constitutional officers. The opinions referred to participate in this program expressed on this page do not reflect those of The Council of State Governments or the and receive services provided by more lives and inspire success for others. Midwestern Legislative Conference. Responses to any FirstPerson article are welcome, than 50 agencies offering care coordina- Together, we can reinvent recovery. as are pieces written on other topics. For more information, contact Tim Anderson at tion and peer support. Providers are re- 630.925.1922 or [email protected]. imbursed monthly based on participant Doug Burgum has been the governor of outcomes of recovery, housing, employ- North Dakota since December 2016. ment and criminal justice involvement.

STATELINE MIDWEST | MARCH 2020 9 CSG MIDWEST NEWS & EVENTS

registration open for 75th annual Midwestern legislative conference kansas legislators take part in workshop Annual Meeting in Detroit on ‘Building Trust Through civil discourse’ This summer, the Midwest’s state and provincial legislators will celebrate their 75th Annual Meeting in one of the region’s most historic cities. Led by Sen. Ken Horn, chair CSG Midwest co-sponsored the event through its Under the Dome initiative of the Midwestern Legislative Conference, the Michigan Legislature will welcome legislative colleagues to Detroit on July 19-22. Online regis- espite an ice storm that forced the closure tration for the family-friendly of state government in Kansas, 40 legislators MLC Annual Meeting is Dattended a Jan. 17 workshop in Topeka on available at csgmidwest.org. civil discourse. A registration discount is The half-day event was presented by the available through May 11. National Institute for Civil Discourse’s Next Generation program, which provides legislators The MLC Annual Meeting with an opportunity to build relationships and is the premier event for discuss how to change the current trend toward the region’s state and political division. provincial legislators. It Steven Johnson Next Generation workshops are co-facilitated Kansas House Speaker Ron Ryckman speaks to fellow features expert-led policy by Republican and Democratic legislators. The legislators at a Jan. 17 “Building Trust Through Civil sessions, renowned speakers, “Building Trust Through Civil Discourse” workshop Discourse” workshop at Washburn University in Topeka, professional development was developed by former Ohio Rep. Ted Celeste, Kan. workshops, and special events for attendees and their who has been a frequent speaker at CSG Midwest youth and adult guests. Steven Johnson will deliver a events and programs. This Kansas workshop keynote address on innovation. He is the best-selling was co-sponsored by the Midwestern Office of entrepreneurship (Nebraska), state budget policy author of myriad books on this subject, including “How The Council of State Governments, the National and Great Lakes protection (Illinois), Medicaid We Got to Now,” which spawned an Emmy-nominated, Conference of State Legislatures, the Sunflower expansion (South Dakota), legislative civility six-part PBS series. His presentation will be part of an Foundation and Washburn University. (Minnesota, Nebraska and Ohio), Great Lakes opening session on innovation and related state policies. policy (Michigan, Minnesota, Ohio and Wisconsin), health policy and public opinion (Wisconsin), and This year’s meeting also will include: UNDER THE DOME PROGRAMMING strengthening legislative • Sessions and site visits led by the MLC committees on This workshop was also institutions (South Dakota). agriculture, criminal justice, economic development, part of CSG Midwest’s “Under Legislators are education, health care and Midwest-Canada relations. the Dome” initiative, which encouraged to reach out • A spotlight on state strategies to promote literacy — offers customized policy to CSG Midwest staff about part of Sen. Horn’s 2020 MLC Chairman’s Initiative. seminars and professional customizing an Under the development workshops Dome event in their state • Evening events at top Detroit venues, along with capitol. daytime programming for the adult and youth guests of in state capitols across the meeting attendees. Midwest. For information, Topics of past Under please contact CSG the Dome programs Midwest director Mike have included legislative McCabe (630.925.1922 or cSG issues report on overseas voting ethics (Indiana), policy strategies to promote [email protected]) or visit csgmidwest.org. A recent report from The Council of State Governments’ Overseas Voting Initiative details barriers to the delivery of ballots to, and their return from, military and overseas voters, while also offering ideas for how states can help CSG Toll fellowship application period open to may 8 remove these barriers. egislators and other state government opportunities. Applications are available at csg.org. “Examining the Sustainability of Balloting Solutions for officials now can apply for The Council They are due by May 8. (Please note that Toll Fellows Military & Overseas Voting” is available at ovi.csg.org. Lof State Governments’ 2020 Henry Toll are required to attend a graduation ceremony The report suggests a need for “legislation that reflects Fellowship program, which will be held Aug. 21- during CSG’s National Conference in December.) evolving technology and jurisdictional needs,” says Taylor 25, in Lexington, Ky. The program brings together This program targets outstanding, rising state Lansdale, CSG’s program manager for the Overseas Voting 48 officials from all three branches of state government officials from all three branches of Initiative — a collaboration between CSG and the U.S. government for “an intense leadership boot camp.” government. Toll Fellows graduates have achieved Department of Defense to improve the voting process for The program’s sessions are designed to stimulate great success, including serving as governors, uniformed personnel and other U.S. citizens overseas. personal assessment and growth, while providing secretaries of state, chief justices, top legislative priceless networking and relationship-building leaders and members of U.S. Congress. cSG sets policy academies for 2020

The 2020 CSG policy academy and forum schedule covers topics such as Medicaid and health care, privacy and Wisconsin legislators leading CSG and NCSL in 2020 cybersecurity, sustainability and the future of work. Many of the academies will be held at CSG’s National Conference, which will take place Dec. 2-5 in Santa Fe, New Mexico. Wisconsin scored a rare double in 2020 — two of its Here is this year’s list of policy academies. legislators are heading The Council of State Governments and the National Conference of State Legislatures. • Medicaid Leadership, Sept. 23-25 in Washington, D.C. Assembly Speaker Robin Vos is serving as NCSL president in 2019-2020, while Rep. Joan Ballweg is current national chair • Healthy States, Dec. 2-3 in Santa Fe of CSG. Ballweg also was 2016 chair of CSG’s Midwestern Legislative Conference. Earlier this year, CSG and NCSL co- • Future of Work, Dec. 2-3 in Santa Fe hosted a reception for Ballweg and Vos in Madison, Wis. The event drew close to 100 legislators and others. Pictured at • Privacy and Cybersecurity, Dec. 4 in Santa Fe that event, from left to right, are Tim Storey, NCSL executive director; Speaker Vos, NCSL president; Rep. Ballweg, CSG • The Turn Toward Sustainability, Dec. 4 in Santa Fe. national chair; and David Adkins, CSG executive director/ CEO. (photo: Joe Koshollek/Wisconsin Legislature) For information about attending a policy academy, contact CSG’s Jessica Clay at [email protected].

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 representing 11 states (Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Nebraska, North Dakota, Ohio, South Dakota and Wisconsin) and the Canadian province of Saskatchewan. The provinces of Alberta, Manitoba and Ontario are MLC affiliate members.

10 STATELINE MIDWEST | MARCH 2020 CSG MIDWEST’S BILLD PROGRAM

BILLD alumni notes: To lead, you must project two qualities to Graduates in top state others: strength and warmth; here’s why

leadership posts hen people size you up, what are they looking for? Guest Author: Matthew Kohut W The short answer is they want to un- derstand your character. We humans have evolved DOROTHY PELANDA | BILLD CLASS OF 2012 a whole lot of neural circuitry for making split-sec- Matthew Kohut is the OHIO AGRICULTURE DIRECTOR ond character judgments about each other. These co-author of “Compelling judgments are a big deal, shaping every aspect of People: The Hidden Former Ohio Rep. Dorothy Pelanda was appointed state Qualities That Make Department of Agriculture director in January 2019. She our lives. Us Influential” and is is the first woman in Ohio history to serve in this cabinet- And when we decide how to feel about some- managing partner of KNP level position. Pelanda, who one, we’re not just making one judgment — we’re Communications, which attended BILLD in her first making two. The criteria that count are strength specializes in helping clients become better term as a legislator, served and warmth. Both of these traits are especially im- communicators. He also in the Ohio House from 2011 portant for legislators as they seek to lead others in their communities and inside capitols. leads KNP’s development to 2018. In the legislature, of customized training she was a member of the and coaching programs. Agriculture and Natural STRENGTH GETS THINGS DONE Resources Committee, and As a personal quality, strength is a measure of also served as majority whip how much a person can impose their will on our and majority floor leader. world. Strength consists of two basic elements: You can understand why Helping lead the Ohio the ability to affect the world and the gumption to certain people are appealing Department of Agriculture is former Rep. Tim Derickson take action. (BILLD Class of 2009), who serves as assistant director, In short, it is a combination of skill plus will. by looking closely at how overseeing stakeholder engagement. He also served as Grudgingly or gladly, we respect people who the department’s interim director in 2018. Derickson was project strength. We look to strong people as they project strength in the Ohio House from 2009 to 2016. leaders because they can protect us from threats to our group. Strength is essential to effective and warmth. leadership in any group setting. TERESA LUBBERS | BILLD CLASS OF 1998 INDIANA HIGHER EDUCATION BUT STRENGTH ALONE IS NOT ENOUGH expression, flexing our biceps or our vocabulary — tend to make us seem less warm. COMMISSIONER To move beyond respect to admiration, you Likewise, most signals of warmth — smiling also need to be liked. And to do that, you need to Former Indiana Sen. Teresa Lubbers is commissioner often, speaking softly, doing people favors — can project warmth. For our purposes, warmth is what of the state Commission of Higher Education. She was leave us seeming more submissive than strong. people feel when they recognize that they share first elected to the Indiana This presents each of us with a dilemma. Do interests and concerns. It is the sense of being on Senate in 1992 and remained we choose to project warmth, so people like us? the same team. there until her appointment Do we instead show strength, so we command If strength is about whether someone can carry to the commission by former respect? Or do we try our best to project strength out their intentions, warmth is about whether you Gov. Mitch Daniels in 2009. In and warmth, knowing that one undermines the will be happy with the result. When people project the Senate, Lubbers served other and we might end up failing at both? warmth, we like them. Warmth encompasses as assistant majority floor It turns out to be a false choice. Strength and several related concepts, including empathy, leader. She currently is on warmth are complements, not mutually exclusive familiarity and love. the executive committee of opposites. Someone who lacks strength comes the State Higher Education across as weak, not warm, and an absence of Executive Officers Association YOU DON’T HAVE TO CHOOSE BETWEEN warmth reads as cold rather than strong. A and is a commissioner of the STRENGTH AND WARMTH balance of strength and warmth signals capability Midwestern Higher Education Once you grasp these insights about strength in service of others — an aspiration any legislator Commission. She previously served as chair of both these and warmth — and how they impact our can understand. interstate organizations. character judgments — it opens up a whole new window on the human experience. You can THE CHOICE IS YOURS JOHN HILGERT | BILLD CLASS OF 1998 understand why certain people are appealing by Character is a matter of who you choose to be. looking closely at how they project strength and NEBRASKA VETERANS AFFAIRS DIRECTOR People judge your character by the way you act, warmth. Or you can see what makes others seem and especially by the way you interact with them. Former Nebraska Sen. John Hilgert has served as director cold or weak. Even if a lot of behavior is unconscious, nearly of the state Department Knowing that strength and warmth matter is all of it can be subject to conscious choice. You of Veterans Affairs since one thing, but acting on that insight turns out to can choose to learn how to behave differently: 2001; he has now been in be tricky, because it’s very hard to project both at You can take steps that change your unconscious this capacity under three once. reactions in the future. governors. Hilgert was a Strength and warmth are in direct tension with Once you discover the lens of strength and member of the Nebraska each other. Most of the things we do to project warmth, it changes the way you see others ... and Unicameral Legislature from strength of character — wearing a serious facial yourself. 1995 to 2001. He is a U.S. Army veteran of the Gulf War. Hilgert currently is president of the National Association Application Deadline for 2020 bILLD Program: April 8 of State Directors of Veterans Affairs. awmakers in their first four years of service of state and provincial legislators. The application are encouraged to seek a 2020 fellowship deadline is April 8. Lto the BILLD program — the premier legis- The BILLD program will be held Aug. 7-11 in Please submit Alumni News to Laura Tomaka, CSG lative leadership program in the Midwest. Minneapolis and include a mix of sessions on Midwest program manager for BILLD. She can be Thirty-nine fellowships will be awarded this year leadership training, professional development reached at [email protected]. through a competitive application process run by and public policy. Close to 900 legislators have the BILLD Steering Committee, a bipartisan group participated in BILLD since it began in 1995.

BILLDBILLD SteeringSteering CommitteeCommittee OfficersOfficers || Co-Chairs:Co-Chairs: NebraskaNebraska Sen.Sen. SaraSara HowardHoward andand MinnesotaMinnesota Rep.Rep. LaurieLaurie HalversonHalverson || Co-ViceCo-Vice Chairs:Chairs: IowaIowa Sen.Sen. AmyAmy SinclairSinclair andand IndianaIndiana Rep.Rep. HolliHolli SullivanSullivan

Through the the Bowhay Institute for Legislative Leadership Development,Development ,or or BILLD, BILLD, CSG CSG Midwest Midwest provides provides annual annual training training on on leadership leadership and and professional professional development development forfor newernewer statestate andand provincialprovincial legislatorslegislators fromfrom thisthis region.region. ThisThis pagepage providesprovides updatesupdates onon alumnialumni ofof thethe program,program, asas wellwell asas informationinformation relatedrelated toto thethe BILLDBILLD program,program, leadershipleadership development development and legislative and legislative leadership. leadership. CSG’s Midwestern The BILLD Legislative Steering Committee Conference — BILLD a bipartisan Steering group Committee of state — and a bipartisan provincial group legislators of state from and the provincial legislators Midwestfrom the — Midwest oversees — theoversees program, the program,including includingthe annual the selection annual ofselection BILLD Fellows. of BILLD Fellows.

STATELINE MIDWEST | MARCH 2020 11 THE COUNCIL OF STATE GOVERNMENTS | MIDWESTERN OFFICE Upcoming CSG Events

75th Annual Meeting of the Great Lakes-St. Lawrence Legislative Caucus Midwestern Legislative Conference Annual Meeting July 19-22, 2020 | Detroit, Michigan September 18-19, 2020 | Detroit, Michigan Contact: Cindy Andrews ~ [email protected] Contact: Lisa Janairo ~ [email protected] Great Lakes-St. Lawrence 630.925.1922 | csgmidwest.org 630.925.1922 | greatlakeslegislators.org Legislative Caucus

26th Annual Bowhay Institute for Legislative CSG National Conference Leadership Development December 2-5, 2020 | Santa Fe, New Mexico August 7–11, 2020 | Minneapolis, Minnesota Application deadline: April 8 Contact: Kelley Arnold ~ [email protected] 800.800.1910 | csg.org Contact: Laura Tomaka ~ [email protected] 630.925.1922 | csgmidwest.org

CSG Henry Toll Fellowship Program August 21-25, 2020 | Lexington, KY Application deadline: May 8 Contact: Kelley Arnold ~ [email protected] 800.800.1910 | csg.org

Stateline Midwest is published 11 times a year by the NONPROFIT Midwestern Office of The Council of State Governments. ORGANIZATION Annual subscription rate: $60 U.S. POSTAGE PAID To order, call 630.925.1922. FOX VALLEY, IL PERMIT NO. 441 CSG Midwest Office Staff

Michael H. McCabe, Director Ilene K. Grossman, Assistant Director Tim Anderson, Publications Manager Lisa R. Janairo, Senior Policy Analyst Mitch Arvidson, Policy Analyst Laura Kliewer, Senior Policy Analyst Cindy Calo Andrews, Assistant Director Laura A. Tomaka, Senior Program Manager Jenny Chidlow, Office Manager Kathy Treland, Administrative Coordinator and Meeting Planner Jon Davis, Policy Analyst and Assistant Editor

March 2020

The Council of State Governments, Midwestern Office 701 E. 22nd Street, Suite 110 | Lombard, IL 60148-5095 Phone: 630.925.1922 | Fax: 630.925.1930 Email: [email protected] | www.csgmidwest.org CHANGE SERVICE REQUESTED