CONTENTS Meeting Highlights...... 2 Campaign Against Hunger ..... 3 Session Summaries Agriculture & Rural Development ...... 4 Economic Development, Transportation & Cultural Affairs ...... 6 Education...... 8 Energy & Environment ...... 10 OPENING PLENARY Fiscal Affairs & SENATE PRESIDENT , ; 2015-16 SLC CHAIR Government Operations .. 12 Human Services & Public Safety...... 14 Staff Workshop ...... 16 Technical Tours ...... 18 SLC STAR Judges Panel...... 19 Conference Notes...... 20 Appreciation ...... 21 Host State ...... 22 SLC Leadership...... 23 Future Annual Meetings ...... 24 OPENING PLENARY th During the 70 Annual Meet- JOHN CALIPARI, HEAD COACH, MEN’S BASKETBALL, ing of the Southern Legislative Conference, July 9-13, 2016, in Lexington, Kentucky, legislators from across the South joined together with policy experts to discuss, review, and consider the opportunities that exist to bring prosperity and promise to states and communities in the region. The meeting summaries in this report are condensed over- views of speaker presentations provided at policy sessions of the SLC Annual Meet- ing. Presentations from ses- sions, where available, can be found on the SLC website at CLOSING PLENARY www.slcatlanta.org/KY2016. MARY MATALIN & JAMES CARVILLE

2 SLC ANNUAL MEETING TAKES ON HUNGER IN THE SOUTH

$2,500 were donated to God's Pan- try Food Bank to benefit food inse- cure families in Central and East- ern Kentucky.

Outreach Incorporated, an Iowa- based nonprofit with an enduring mission of providing food, water, medical care and education to mil- lions of children in the and in East Africa, remains the SLC's partner in this annual event. The SLC also presented Outreach Inc. found- ers Floyd Hammer and Kathy Ham- ilton with a donation.

God's Pantry Food Bank was founded in 1955. Their mission is “to reduce hunger in Kentucky through com- munity cooperation making the best possible use of all available resourc- es.” This is achieved by coordinating efficient, effective ways for people to meet their basic food and nutrition In May, Central Kentucky News re- To provide some assistance to food needs. Sources of food for God's Pan- ported on a recent Map the Meal Gap insecure families in Kentucky, the try Food Bank include the USDA, study by Feeding America, showing SLC held its sixth annual SLC/Mark food manufacturers, local produce that more than one in six Kentuck- Norris Campaign Against Hunger growers, community organizations ians were food insecure in 2014, in- food packaging event. and businesses. The Food Bank's net- cluding more than 222,000 children. work of more than 300 member agen- Since its inception in 2011, Map the Under the leadership of the SLC cies, including food pantries, soup Meal Gap has transformed the way chair, President kitchens and shelters, order the food Feeding America and anti-hunger Robert Stivers, the SLC, Kentucky they need from available invento- advocates define and approach the Legislative Research Commission and ry through an online ordering sys- need for food at the local level. By God's Pantry Food Bank coordinat- tem. Agencies choose to either pick providing critical information about ed more than 200 volunteers from up their orders at one of their facili- the nature and extent of hunger in the local community and attendees ties or from a drop delivery location. communities across the United States, of the SLC's 70th Annual Meeting to Through these partnerships, God's the study equips citizens with the package more than 80,000 meals for Pantry provides more than 121,400 tools to fight for hunger relief where food insecure families. The packaged meals each day for hungry people it is needed. meals and a charitable donation of across a 50-county service area. 3 AGRICULTURE & RURAL DEVELOPMENT COMMITTEE SESSION SUMMARY

SUNDAY, JULY 10 INDUSTRIAL HEMP CULTIVATION , Commissioner of Agriculture, Kentucky Dr. Nancy Cox, Dean, University of Kentucky College of Agriculture, Food and Environment MONDAY, JULY 11 Representative Tom McKee THE TOBACCO MASTER SETTLEMENT AGREEMENT Kentucky Warren Beeler, Executive Director, Governor’s Office of Agricultural Policy, Kentucky 2015-2016 Chair J. Roger Thomas,Chair, SLC Agriculture & Rural Development Committee (2000-2002), Kentucky INDUSTRIAL HEMP CULTIVATION ANIMAL WELFARE: BRINGING BALANCE TO THE PROVISION OF CARE The 2014 Farm Bill cleared the way for Dr. Cia Johnson, Director, American Veterinary Medical states to authorize hemp growth for Association’s Animal Welfare Division, Illinois research purposes. To take advantage Senator J. Thomas McElveen, South Carolina of this provision, state policies must Dr. Robert Stout, State Veterinarian, Kentucky be adopted to authorize hemp culti- vation. Twenty-nine states have leg- research projects. Participants must islation in place supporting industri- report GPS-defined locations of proj- al hemp research in accordance with ects as well as specific information on the pilot program provision, Section planting, harvesting and processing 7606 of the 2014 Farm Bill. Of those of crops. Additionally, any transport states, only nine actively grew hemp of hemp seed or plants within Ken- as part of the pilot program provision tucky must be pre-approved by the in 2015. An early adopter, Kentucky KDA and precisely reported. has emerged as the epicenter of the burgeoning hemp industry. The University of Kentucky’s research on industrial hemp has expanded an- Kentucky Senate Bill 50 (2013) pro- nually since the first research trials vides for the definition and admin- in 2014, and agronomic trials have istration of an industrial hemp pilot increased nearly 10-fold from 2014 to research program. In most states, the 2016. Current research work includes land-grant university has assumed many scientific disciplines ranging the role of administering hemp pilot from genetic transformation to the programs. However, in Kentucky, the engineering and construction of new pilot project is managed by the state equipment for the establishment, cul- Department of Agriculture (KDA). ture and harvest of hemp crops. All The Department also is the sole en- combined, the University of Kentucky tity licensed by the Drug Enforce- leads the nation in hemp-related ment Agency to import live seed for research. research. The Department establish- THE TOBACCO MASTER es and enforces memoranda of un- SETTLEMENT AGREEMENT derstanding with all pilot program participants, which include individ- In 1998, the tobacco industry and 46 uals, corporate entities, and univer- states reached what is known as the sities. Strict reporting requirements Tobacco Master Settlement Agree- are mandated for all program partic- ment (MSA), exempting the tobacco ipants that include all phases of pilot industry from legal liability for harm 4 caused by tobacco use in exchange Kentucky’s distribution of MSA funds ELECTION OF OFFICERS for annual payments, in perpetuity, has empowered the state’s agricultural The Agriculture & Rural Develop- to the 46 states to fund anti-smoking sector to do more with less. The money ment Committee re-elected Repre- campaigns and public health pro- has been used as “seed” for investment sentative Tom McKee, Kentucky, to grams. The industry guaranteed a in production practices, farm innova- serve as the Committee’s chair, and minimum of $206 billion over the tion, genetics, nutrition and education. Senator Danny Verdin, South Car- first 25 years. Farm cash receipts have nearly dou- olina, to serve as the Committee’s bled since the MSA’s inception in 1998. vice chair for 2016-2017. Kentucky has emerged as a model for ANIMAL WELFARE: BRINGING its use of the settlement funds. This BALANCE TO THE PROVISION OF CARE is due, in part, to a state statute that required the funds be spent on ag- The proper care, treatment, and ricultural programs and agricultur- maintenance of animals is charac- al diversification (50 percent), early teristic of a humane society and also childhood development (25 percent) crucial to protecting public health. and public health (25 percent), allow- Animal welfare policies and decisions ing the state’s agricultural industry to often emphasize one of three attri- adapt and diversify, even as its larg- butes: how well the animal functions est crop (tobacco) began to decline. physically; how the animal “feels;” or how closely the environment or prac- Among other things, Kentucky House tice being evaluated corresponds to Bill 611 (2000) established an over- what a wild- or free-living member sight committee, the Kentucky Ag- of the same species might experience. ricultural Development Board, and Differences in emphasis can lead to initiated the formation of the Gov- different decisions about the envi- ernor’s Office of Agricultural Policy. ronment or practice even when the The Kentucky Agricultural Develop- same information is being evaluated. ment Board is chaired by the gover- nor and comprises the commissioner Animals, particularly pets, often re- of agriculture; dean of the University quire veterinary services, particularly of Kentucky’s College of Agriculture, as it relates to population control and Food and Environment; president of public health. While the provision Kentucky State University; secretary of veterinary medicine by a licensed of the Cabinet for Economic Devel- professional at veterinary clinics is opment; and 11 board members ap- well regulated, in many states, these pointed by the governor. regulations do not apply to animal shelters. To ensure that all animals receive appropriate and adequate vet- erinary medical care, states such as South Carolina have sought to en- hance animal welfare and bring bal- ance to the regulatory environment.

In that vein, Bill 980 (2016) places animal shelters under the regulatory authority and supervision of the state Board of Vet- erinary Medical Examiners. The Bill also tightens requirements for the dis- pensing of prescription medication to owners of end-users, expands report- ing requirements for animal shelters, and places certain restrictions on eli- gible locations for mobile clinics. 5 ECONOMIC DEVELOPMENT, TRANSPORTATION & CULTURAL AFFAIRS COMMITTEE SESSION SUMMARY

SUNDAY, JULY 10 IMPACT OF FEDERAL SURFACE TRANSPORTATION LEGISLATION ON THE SLC STATES Senator Steve Gooch, Georgia Alex Herrgott, Deputy Staff Director (Majority), Environment and Public Works Committee, U.S. Senate, Washington, D.C. INGREDIENTS NECESSARY TO PROMOTE ECONOMIC DEVELOPMENT Senator Jeff Mullis Neal Wade, Director, Economic Development Academy, University of Alabama Georgia MONDAY, JULY 11 2015-2016 Chair THE ARTS AND KENTUCKY: CATALYST FOR ECONOMIC GROWTH IMPACT OF FEDERAL SURFACE Everett D. McCorvey, Ph.D., Vice Chair, Kentucky Arts Council TRANSPORTATION LEGISLATION THE EQUINE INDUSTRY’S IMPACT IN KENTUCKY ON THE SLC STATES Jill Stowe, Ph.D., Associate Professor and Director, UK Equine Programs, University of Kentucky The $305 billion, five-year federal Fixing America’s Surface Transpor- tation (FAST) Act, signed into law December 2015, signaled the first time in a decade that Congress had approved a long-term surface trans- portation spending bill. Not only was this the largest infrastructure bill in American history, it delivered certainty regarding funding flows to states, the construction industry and businesses across the country. Ad- vancing commerce is a key plank in the FAST Act and, toward this end, the National Highway Freight Pro- gram dedicates $6.3 billion to states to enhance goods movement across the entire freight system. In addi- tion, the legislation provides $4.6 (Atlantic Gateway: Partner- billion to complete nationally sig- ing to Unlock the I-95 Corridor at nificant freight and highway proj- $165 million). ects across the country. FASTLANE Grants, another important plank in Given the delays and uncertainty the FAST Act, is a competitive dis- associated with federal transporta- cretionary program designed to en- tion and infrastructure funding, a hance freight infrastructure invest- number of states, such as Georgia, ment across the country. Under this implemented their own initiatives program, some of the allocations to to boost funds for this important the SLC states include Georgia (Port purpose. After years of discussions of Savannah International Multi- and measures to generate additional Modal Connector at $44 million); revenue for transportation funding, Louisiana (I-10 Freight Corridor at in 2015, the Georgia General Assem- $60 million); Oklahoma (US 69/75 bly passed, and the governor signed Bryan County at $62 million); and into law, HB 170, the Transportation 6 specific purposes. If not, the funding industry is increasingly seen as a crit- ELECTION OF OFFICERS mechanism for these fees automati- ical piece of the puzzle for effective The Economic Development, Trans- cally will be repealed and no longer economic and community develop- portation & Cultural Affairs Com- collected. ment. According to a 2014 report, mittee elected Representative Brent INGREDIENTS NECESSARY employment in the creative industry Yonts, Kentucky, to serve as the represents 2.5 percent of Kentucky’s Committee’s chair, and Representa- TO PROMOTE ECONOMIC overall employment. While the cre- tive Jeanie Lauer, Missouri, to serve DEVELOPMENT ative industry accounts for annual as the Committee’s vice chair for 2016-2017. Given that states are the pivotal play- earnings of $1.9 billion, collectively, ers in creating the appropriate en- the average wage of a creative work- vironment for companies to thrive, er is $34,299. Additionally, about Alabama’s efforts remain worthy of 38 percent of the establishments in additional examination. In a number Kentucky’s creative segments are of sectors, particularly in advanced self-employed artists and designers. manufacturing, Alabama has made This number is many times larger impressive advancements. Specifical- than the proportion of self-employed ly, the state has experienced signif- establishments across all other in- icant success in automobiles (Mer- dustries. Given that businesses often cedes, Honda, Toyota, Hyundai), look to relocate and expand their op- aeronautics (Airbus, Sikorsky), nau- erations in creative and culturally tical vessels (Austal), space technol- vibrant communities, the Kentucky ogy (General Dynamics) and steel Arts Council initiated a number of (ThyssenKrupp). In Alabama, eco- projects and collaborations to pro- nomic development is refining and mote this concept. promoting a process of creating THE EQUINE INDUSTRY’S wealth through focusing intensely IMPACT IN KENTUCKY on recruitment; retaining and sus- taining existing industries; promot- Kentucky is synonymous with horses ing tourism; fostering retail and com- from the Derby in Louisville to the Funding Act of 2015. Based on this mercial development projects; and, myriad horse farms and related oper- law, the motor fuel tax levied on gas- importantly, fashioning an environ- ations scattered across the common- oline increased from 19.3 cents per ment where entrepreneurs and in- wealth. The economic cluster created gallon to 26 cents per gallon; the mo- cubators can flourish. Undergird- by horse farms radiates to multiple tor fuel tax levied on diesel increased ing these initiatives is the emphasis disciplines from equine health servic- from 21.3 cents per gallon to 29 cents that the state has placed on work- es, professional services, profession- per gallon (these taxes were levied force development and the critical al associations, farm-related services, on distributors and not retailers). In need to provide companies with a transportation, tourism and equine- addition, there were increases in the well-trained workforce, skilled and related businesses. According to the hotel/motel fee, heavy vehicle impact adept in 21st century manufactur- most recent study (2012), the total fee and alternative vehicle impact fee. ing techniques. economic impact of the equine indus- Based on these fee increases, Georgia THE ARTS AND KENTUCKY: try in the state amounted to $2.99 bil- generated $832 million in additional CATALYST FOR ECONOMIC GROWTH lion; 40,655 jobs; and $134 million in revenue in fiscal year 2016 and is es- state income and sales taxes, a signif- timated to recoup an additional $908 The Kentucky Arts Council has taken icant amount. The economic impact million in fiscal year 2017. Most im- steps in the last few years to ensure number includes contributions from portantly, the Georgia Constitution the commonwealth’s competitive- breeding, competition, racing, recre- binds all motor tax revenue toward ness in the 21st century marketplace. ation and other related activities. In transportation and infrastructure, en- A key component of this approach terms of horse racings’ contributions suring this revenue is a bona fide user is a focus on creativity. Innova- to state coffers, the annual number fee and not a general tax. In addition, tion, distinctive design and effective was $12.6 million. In sum, the equine the 2015 legislation requires that all communications can determine the industry contributes substantially to other fees (such as the hotel/motel fee) success or failure of businesses and the commonwealth economically, cul- be appropriated for transportation- public policy, and Kentucky’s creative turally and aesthetically.

7 EDUCATION COMMITTEE SESSION SUMMARY

SUNDAY, JULY 10 EFFECTIVE TEACHER PREPARATION PROGRAMS Rob Rickenbrode, Senior Director, Teacher Preparation Strategies, National Council on Teacher Quality, Washington, D.C. Ashley LiBetti Mitchel, Senior Analyst, Bellwether Education Partners, Washington, D.C. Ann Larson, Chair, Advisory Council of State Representatives, Senator Dolores Gresham American Association of Colleges for Teacher Education; Tennessee Dean and Professor, Department of Middle and Secondary Education, 2015-2016 Chair College of Education and Human Development, University of Louisville EFFECTIVE TEACHER MONDAY, JULY 11 PREPARATION PROGRAMS STUDENT SUCCESS IN POSTSECONDARY SYSTEMS Teacher Prep Review, prepared by the Tristan Denley, Vice Chancellor for Academic Affairs, National Council on Teacher Quali- Tennessee Board of Regents ty (NCTQ), is a biennial assessment UPDATE ON THE EVERY STUDENT SUCCEEDS ACT of 2,400 elementary and secondary, William Knudsen, Education Policy Advisor, Committee on Health, Education, Labor, and Pensions, U.S. Senate, Washington, D.C. undergraduate and graduate teacher Simone Hardeman-Jones, Deputy Assistant Secretary for preparations programs. The 2014 edi- Legislative Affairs, Office of Legislation and Congressional tion of the Review found that, of the Affairs, U.S. Department of Education, Washington, D.C. 1,668 programs ranked by NCTQ’s key standards, only 26 elementary programs and 81 secondary programs ELECTION OF OFFICERS were exemplary. Meanwhile, 17 states The Education Committee re- and the District of Columbia were elected Senator Dolores Gresham, without a highly ranked elementa- Tennessee, to serve as the Com- ry or secondary education teacher mittee’s chair, and Representative preparation program. Elementary Tom Dickson, Georgia, to serve programs continue to be far weaker as the Committee’s vice chair for than their secondary counterparts, 2016-2017. with 70 percent more elementary pro- grams scoring low. However, the re- port found that the top elementary teacher preparation programs. States and secondary teacher preparation that were early adopters of the out- programs reside in the South: Dal- comes-based approach encountered a preparation program evaluation have las Baptist University in Texas and series of technical and political chal- many options and may adapt guide- Lipscomb University in Tennessee, lenges, including the identification lines, targets, and evaluation systems respectively. of highest-value outcomes; determi- to their particular circumstances. nation of measures; design of a sys- Similarly, Bellwether Education Part- tem that differentiates programs by The American Association of Colleges ners recently delved into teacher performance; and targets for appro- for Teacher Education (AACTE) is preparation programs, with an analy- priate interventions to improve pro- the leading voice on educator prepa- sis of state efforts to link teachers to gram quality. Each state handled ration, representing more than 800 the programs that prepared them. these issues differently, with pros, postsecondary institutions with edu- Focusing on 11 states, including cons, and value judgments attached cator preparation programs dedi- five SLC member states, Bellwether to each decision. Cumulatively, states cated to high-quality, evidence-based found that states are relying on out- considering the adoption of an out- preparation that assures educators are comes of graduates to assess their comes-based approach to teacher ready to teach all learners. In that 8 role, AACTE promotes: 1) unification admission standards; adoption of a 61 percent, and from 31 percent to 64 of the profession around a common clinical model of teacher preparation; percent for English. After the pilot’s accreditation to standardize higher and continuation of development success, TBR took the co-requisite education’s preparation of P-12 edu- and study of alternative pathways to model systemwide, implementing it cators; 2) integration of 21st century teaching. at all 13 community colleges and six skills into teacher preparation, which STUDENT SUCCESS IN universities. After one semester, the helps students compete globally; and POSTSECONDARY SYSTEMS numbers still were strong, with 51 3) instilling in teacher candidates the percent completing their first college knowledge of digital tools that enable Developed by K-12 and higher educa- math course and 58 percent complet- them to communicate effectively, col- tion faculty, Seamless Alignment and ing English. laborate on projects, solve problems, Integrated Learning Support (SAILS) UPDATE ON THE EVERY think critically, and innovate. Per integrates the Tennessee Board of Re- STUDENT SUCCEEDS ACT AACTE, states seeking to allevi- gents’ (TBR) Learning Support math ate a shortage in properly prepared competencies into the high school se- During the past seven years, the teachers have several options, such as nior year in a blended learning en- United States has made important teacher residency programs; recruit- vironment, resulting in students be- progress for its students, from high- ment of talented pre-service students ing able to begin college in credit- er standards in nearly every class- with the promise of loan forgiveness; bearing courses. The program utiliz- room to the nation’s highest histori- alignment of teacher production es a facilitated hybrid instructional cal graduation rate. While there is a and workforce needs; high program model, which has been demonstrated lot of work yet to do, the Every Stu- as the most effective method of en- dent Succeeds Act (ESSA) is seen as gaging students with their work and a step forward and beneficial for all increasing their success rate. Mean- students. Congress strategically craft- while, a new approach to remedia- ed ESSA as a set of new federal pol- tion is boosting the number of stu- icies that will be phased in. This ap- dents successfully completing their proach gives the U.S. Department of first college-level English and math Education time to provide guidance courses in the Tennessee Board of and technical assistance, and to reg- Regents system. ulate. It also ensures that the Depart- ment, states, and districts have time Known as a “co-requisite” approach, and capacity to consult with stake- the new model places students in holders and to update systems to re- supplemental learning support class- flect the requirements in the new law. es while also enrolling them in their first credit-bearing courses. In a 2014 Since ESSA was signed into law, the pilot program conducted at nine of Department announced four key fo- the state’s 13 community colleges, the cus areas for guidance and comments system saw completion rates for col- from state and local stakeholders: lege math jump from 12 percent to 1) student assessments; 2) Title I, Part A, requiring federal education fund- ing be used to supplement, not sup- plant, state and local funds; 3) Title I, Part B’s innovative assessment dem- onstration authority, which will al- low a number of states to pilot new approaches to statewide assessments; and 4) accountability, including com- ponents of state plans and data re- porting. The Department continues to seek input on other areas where guidance and technical assistance would be helpful, and does not plan to propose regulations on any other areas of the new law this year. 9 ENERGY & ENVIRONMENT COMMITTEE SESSION SUMMARY

SUNDAY, JULY 10 CLEARING THE AIR: AN UPDATE ON THE CLEAN POWER PLAN Joel Visser, Associate, Sidley Austin, LLP, Washington, D.C. LEGAL CHALLENGES TO WATERS OF THE UNITED STATES LaJuana S. Wilcher, Partner, English Lucas Priest & Owsley, LLP, Kentucky CYBER SECURITY AND NUCLEAR POWER Representative William R. Gross, Senior Project Manager, Cyber Security, William “Bill” E. Sandifer III Nuclear Energy Institute, Washington, D.C. South Carolina 2015-2016 Chair MONDAY, JULY 11 LEGISLATIVE ROUNDTABLE DISCUSSION CLEARING THE AIR: AN UPDATE ON THE CLEAN POWER PLAN On February 9, a 5-4 majority of the U.S. Supreme Court issued a nation- wide stay, blocking implementation of the Clean Power Plan until litigation over the legality of the Plan has con- cluded. The litigation includes near- ly 150 opponents, including 28 states, industries and labor groups. Oppo- nents allege the U.S. Environmental Protection Agency illegally issued du- plicative rules for coal-fired power plants, infringed upon states' rights, intruded on federal energy regulators' jurisdiction, and does not have the authority to force states to transform their energy systems to favor certain and confirmed by the time the case Almost immediately, legal challeng- sources of electricity. The U.S. Court makes it to the U.S. Supreme Court, es were filed in federal appeals and of Appeals for the District of Colum- the justices could split 4-4, which district courts across the country. In bia Circuit will hear oral arguments would uphold the D.C. Circuit's de- October 2015, the U.S. Court of Ap- in late September 2016 and appeals to cision. If the case is heard by a full peals for the 6th Circuit issued a na- the U.S. Supreme Court are expected. Court, a ruling on the regulation tionwide stay against the enforcement could depend on which party nomi- of the Rule and, in February 2016, For many, the U.S. Supreme Court's nates the next justice. concluded that it has jurisdiction to decision to block implementation of LEGAL CHALLENGES TO WATERS hear challenges to the Rule. The deci- the Clean Power Plan signaled doom, OF THE UNITED STATES sion came in the form of three sepa- given the likelihood that the Court rate opinions, as each judge had a dif- also will provide the final ruling on In May 2015, the Environmental Pro- ferent interpretation of the law. Two its legality. However, the death of tection Agency (EPA) and the U.S. judges concluded that the Appellate U.S. Supreme Court Justice Antonin Army Corps of Engineers (Corps) Court has jurisdiction over the le- Scalia in February 2016 dramatically finalized the Clean Water Rule, also gal challenges to the Rule, while the changed the legal landscape, since known as WOTUS, defining the scope third judge concluded it does not. The the fate of the Clean Power Plan now of the “waters of the United States” case before the 6th Circuit is the re- may hinge on his vacant seat. If a subject to federal regulatory jurisdic- sult of consolidated challenges from new justice has not been appointed tion under the Clean Water Act. 31 states, agricultural groups and 10 From 2002-04, the Nuclear Energy Institute (NEI) formed a task force on cyber security, completed a cy- ber security assessment pilot program and developed a cyber security self- assessment method. These early ac- tions positioned NEI as a leader in the field of nuclear cyber security. Their Cyber Security Program for Power Reactors has been fully en- dorsed by the U.S. Nuclear Regula- tory Commission (NRC). As an addi- tional precautionary measure, nuclear energy generators tightly control the onsite use of portable media, such as USB drives, laptops, cellphones and external hard drives, giving nuclear energy security personnel better protection against a Stuxnet-like intrusion.

Nuclear energy stakeholders agree that the nation’s nuclear energy gen- erators are safe from both internal and external cyber threats. The U.S. Department of Homeland Securi- ty's Office of Cyber and Infrastruc- ture Analysis report from October 2015 asserts “nuclear power reac- tors have comprehensive safeguards that protect control system safety and security and prevent the mis- use of portable media and portable equipment from circumventing these protections.” was appealed to the 11th U.S. Circuit ELECTION OF OFFICERS Court of Appeals in Atlanta, Geor- While important steps have been tak- The Energy & Environment Com- gia. The 11th Circuit put its case on en by the NRC to protect this vital mittee elected Representative Lynn hold pending the 6th Circuit's ruling. power source, the cyber risk to nucle- Smith, Georgia, to serve as the CYBER SECURITY AND ar power facilities requires constant Committee’s chair, and Senator evaluation and response, particular- Ed Emery, Missouri, to serve as the NUCLEAR POWER ly as the industry increases its reli- Committee’s vice chair for 2016-2017. As states in the SLC move to in- ance on digital systems and as cyber- crease nuclear generation capacity, criminal activity continues its relent- industry groups that claim the Rule policymakers are beginning to re- less rise. exceeds EPA's constitutional author- consider the relationship between LEGISLATIVE ROUNDTABLE ity. The 6th Circuit will hold brief- nuclear power plants and their ings in September 2016. dependence on externally linked The Legislative Roundtable highlights computer systems. A report from important energy and environmen- Most of the challenges filed in dis- the Nuclear Threat Initiative warns tal legislation taken up in the South- trict courts have been thrown out that access systems at nuclear power ern region during legislative sessions, or placed on hold pending the 6th plants could be compromised, allow- with members briefing the Commit- Circuit's decision. A separate case ing thieves to wreak havoc or steal tee on measures undertaken in their raising the issue of jurisdiction also nuclear material. respective states. 11 FISCAL AFFAIRS & GOVERNMENT OPERATIONS COMMITTEE SESSION SUMMARY

SUNDAY, JULY 10 COMMUTER AND LIGHT RAIL SYSTEMS IN THE SLC STATES: RECENT TRENDS Senator Brandon Beach, Georgia Delegate Ronald Villanueva, Virginia MONDAY, JULY 11 PUBLIC PENSIONS: TRENDS FROM THE SLC STATES Senator Roman Prezioso Representative Barry Ivey, Louisiana West Virginia Representative Stephen Ross, North Carolina 2015-2016 Chair Douglas Offerman, Senior Director, Fitch Ratings, New York COMMUTER AND LIGHT NATIONAL AND REGIONAL ECONOMIC TRENDS William R. Emmons, Assistant Vice President and Economist, RAIL SYSTEMS IN THE SLC Federal Reserve Bank of St. Louis, Missouri STATES: RECENT TRENDS TAX CREDITS, DEDUCTIONS AND EXEMPTIONS: MAKING THEM WORK FOR STATES In the early years of the 21st cen- Josh Goodman, Officer, The Pew Charitable Trusts, Washington, D.C. tury, a number of SLC states began expanding commuter and light rail projects. Georgia and Virginia are Virginia has a long history of pro- two such states. In Georgia, there is viding multiple transit options to its renewed focus on expanding transit residents and continues to explore options not only in the city of Atlan- additional ways to enhance this trans- ta, but also in the neighboring coun- portation mode. Not only do three ties of Clayton, Cobb and Gwinnett. of the 75 largest transit agencies in Given that metropolitan Atlanta is a the country operate in Virginia, the “young” locale in terms of millennial Metrorail system (shared with the Dis- and generation X populations, there trict of Columbia and Maryland) is is heightened attention for increased the nation’s second most heavily used transit-oriented development. The rail transit system. The lead agency Metropolitan Atlanta Rapid Tran- charged with increasing the provi- sit Authority (MARTA), the ninth sion of public transportation services largest transit system in the coun- throughout the commonwealth is the PUBLIC PENSIONS: TRENDS try, currently is funded solely by a 1 Department of Rail and Public Trans- FROM THE SLC STATES percent sales tax levied in the city of portation (DRPT); in fiscal year 2017, Atlanta, Clayton, Dekalb and Fulton the agency’s budget was $733.3 million. Public pensions continue to be one counties. As businesses look to relo- In the upcoming years, DRPT expects of the most vexing fiscal issues con- cate and expand to metropolitan At- to work on multiple transit initiatives fronting every state and local gov- lanta, while concurrently attracting that range from transit feasibility and ernment in the country. Louisiana millennials to their workforce, poli- regional improvement studies to ma- continues to explore mechanisms to cymakers have become increasingly jor construction or expansion projects bolster the funding position of its aware that expanding MARTA’s ser- with the goal of expanding or improv- four state retirement systems: teach- vice is critical. Consequently, during ing transportation choices in Virginia. ers, school employees, state employees the 2016 legislative session, the Gen- Projects include bus and MetroRail and state police. Some of the mea- eral Assembly enacted SB 369, which extensions on Route 1; increased use sures involve requiring state sys- authorizes a referendum in the city of High Occupancy Vehicle and High tems to pre-fund administrative costs of Atlanta (in either November 2016 Occupancy Toll lanes on I-95/395; through explicit inclusion in contri- or 2017) to allow voters to decide on more transit options on I-66; Dulles bution rate calculations; introducing a half-cent sales tax increase to gen- Corridor MetroRail extension; and ex- a defined benefit/defined contribution erate funds for this expansion. panding the Norfolk Light Rail. hybrid plan for new state employees; 12 ELECTION OF OFFICERS The Fiscal Affairs & Government Operations Committee elected Representative Eric Johnson, Texas, to serve as the Committee’s chair, and Representative Penny Houston, Georgia, to serve as the Commit- tee’s vice chair for 2016-2017.

the most serious economic chal- lenge confronting SLC states relate to education outcomes. For enhanced growth prospects, SLC states need to see advancements in education standards and workforce develop- identifying and utilizing new funding decisions. In fact, rating changes have ment opportunities. The most strik- sources to increase the rate at which occurred in a number of states as a ing conclusion about the U.S. econ- existing system debt is liquidated; es- result of the funding position of their omy is the forecast from the Federal tablishing a separate account for ex- pension plans. Nevertheless, rating Reserve that economic growth will cess contributions that can be used agencies maintain that a vast major- hover around 2 percent for the fore- to help stabilize employer contribu- ity of governments are able to effec- seeable future; this new normal is a tion rates; and ensuring that future tively respond to pension challeng- remarkable departure from previous pension costs are split more evenly es, given their ability to raise reve- periods when growth rate averages between the employee and taxpayers. nue and enact other policy changes. were much higher. In terms of major trends, while the TAX CREDITS, DEDUCTIONS North Carolina's pension system, cur- contribution rates for major plans are AND EXEMPTIONS: MAKING rently valued at approximately $90 improving, they still remain inade- billion, ranks in the top five states quate: in 2014, 53 percent of all state THEM WORK FOR STATES in terms of funding. In 2014, the pension plans received 100 percent of There are two key steps that poli- system was 94 percent funded, with their annual required contribution, cymakers can introduce to enhance lawmakers appropriating the actu- an increase from the 42 percent that the efficacy of the assorted incen- arially recommended amount in 76 did so in 2011. Demographic erosion, tives states provide to corporations: out of the last 77 years. About half of with the declining ratio of active em- (1) regularly evaluate the economic average contributions to the system ployees to retirees, continues to pose and fiscal results of these tax incen- emerge from employees. In an effort challenges. tive programs; and (2) ensure that to consolidate the system’s funding NATIONAL AND REGIONAL the fiscal costs of tax incentives are position, policymakers have initi- ECONOMIC TRENDS predictable, so they do not cause ated a series of actions since 2008, budget challenges. With these steps, including increasing employer and The national economic outlook for policymakers can make subtle employee contributions, enacting a 2016 includes a forecast of modest changes to greatly increase their contribution rate stabilization pol- economic growth with some down- return on investment; identify pro- icy and initiating minimal benefit side risks (including economic tur- grams that are working well, so the changes and cost-of-living allowance bulence and sluggish growth globally state can invest in them with confi- changes. North Carolina, like the en- amidst diminishing demand domes- dence; repeal or replace ineffective or tire country, faces challenges in the tically), tame inflation and an envi- obsolete incentives; and maintain a form of higher life expectancy among ronment of historically low interest more constructive conversation about retirees and unrealistic investment rates. For the SLC states, while the incentives with an array of stakehold- return assumptions. national outlook applies, it is cou- ers. In recent years, an increasing pled with the region’s strengths that number of states have begun rou- Credit rating agencies continue to include relatively rapid population tinely gathering high-quality data pay attention to the financial posi- growth and a low cost of living, par- on the costs of incentives as a key tion of state pensions in their rating ticularly in housing. As a negative, part of their operations. 13 HUMAN SERVICES & PUBLIC SAFETY COMMITTEE SESSION SUMMARY

SUNDAY, JULY 10 PRESCRIPTION OPIOID AND HEROIN EPIDEMIC John Tilley, Secretary, Justice and Public Safety Cabinet, Kentucky Van Ingram, Executive Director, Office of Drug Control Policy, Kentucky Robert Childs, Executive Director, North Carolina Harm Reduction Coalition Domestic Abuse and Violence Against Women Representative Helena N. Moreno, Louisiana Representative Claire M. Renzetti, Ph.D., Judi Conway Patton Endowed Chair for Studies of Kentucky Violence Against Women; Professor and Chair of Sociology, University of Kentucky 2015-2016 Chair MONDAY, JULY 11 PRESCRIPTION OPIOID DIABETES IN SLC STATES AND HEROIN EPIDEMIC Dr. Philip A. Kern, Director, Center for Clinical and States across America face the grow- Translational Science, University of Kentucky ing and evolving threat of opioid and Dominique Wilkins, Vice President of Basketball Operations, Atlanta Hawks heroin abuse. In an effort to tackle this public health crisis, states have begun implementing a combination of poli- cies focused on treatment, prevention and enforcement, including increasing access to anti-overdose medication; promoting legal protections for indi- viduals who provide assistance dur- ing emergencies; encouraging syringe exchange programs; and exploring treatment alternatives to incarceration. States faced with a continuous inflow of heroin and other opioids, particu- larly highly potent synthetic variants such as fentanyl, must identify robust solutions in order to successfully bring this epidemic under control.

Among SLC member states, Kentucky has been hit particularly hard by her- oin and opioid abuse. Several pieces substances. The results have been en- a Class “D” felony, which requires one of legislation passed by the Legisla- couraging: prescriptions of all con- to five years in prison, 50 percent of ture, such as HB 1 in 2012 and HB trolled substances for the period July which must be served before parole 217 in 2013, have sought to curb the 2014 - July 2015 were down approx- eligibility. Those selling two grams proliferation of opioid prescriptions imately 5 percent compared to the up to 100 grams face five to 10 years throughout the state, thereby reduc- same period in 2011 - 2012. in prison, while those trafficking in ing levels of addiction and the thou- more than 100 grams can expect to sands of drug-related hospitalizations Part of the solution also lies in com- serve between 10 to 20 years in prison. and deaths that occur annually. The bating the selling and distribution passage of these bills established more of heroin. As a result of Kentucky Equally important are treatment ini- stringent regulations of pain clinics in SB 192, those caught trafficking her- tiatives aimed at supporting individ- Kentucky and set restrictions on pre- oin face stiff penalties. Anyone who uals with ongoing addiction issues, scribers and dispensers of controlled sells up to two grams of heroin faces such as increased access to the anti- 14 ELECTION OF OFFICERS The Human Services & Public Safe- ty Committee elected Senator Doug Overbey, Tennessee, to serve as the Committee’s chair, and Senator Katrina Shealy, South Carolina, to serve as the Committee’s vice chair for 2016-2017.

to the Centers for Disease Control and Prevention, more than 29 mil- lion people in the country have dia- South Carolina. Meanwhile, the high- betes, while an additional 85 million est rates of reported forcible rape are have prediabetes. Altogether, the di- in Alaska, Arkansas, Michigan, New rect and indirect annual costs of di- Mexico and South Dakota. abetes are more than $320 billion, and there are signs it may become Countering such disturbing num- even more severe – and more expen- bers will not be easy, but states have sive – in the years ahead. Of the two begun to act. In Louisiana, where variants of diabetes, type 1 and type more than 5,000 women experience 2, a disproportionately large number domestic violence annually, several of cases – roughly 90 percent – are important pieces of legislation have diagnosed as type 2. Multiple factors been passed. In 2014, SB 291 autho- contribute to the prevalence of type rized punitive or exemplary dam- 2 diabetes, but medical professionals ages for serious bodily injury or se- are in agreement that an explosion vere mental and emotional distress in obesity rates caused by unhealthy caused by wanton and reckless disre- lifestyles is one of the driving causes gard for safety. Also enacted in 2014, behind the tripling of diabetes cases overdose medication, naloxone, and SB 292 provides victims of domes- during the past two decades. syringe-exchange programs. In North tic abuse the option of an immedi- Carolina, naloxone has reversed ate divorce, waiving a 180-day wait- Combating diabetes will require bet- nearly 3,200 opioid overdoses over ing period from the time a protec- ter overall lifestyle choices among the the past three years, while syringe- tive order is issued until the court entire population, including health- exchange programs have provided a can grant a divorce. ier diets, more exercise, weight loss range of social services for addicts programs, and effective medications. and helped prevent the spread of dis- Other successful measures enacted in This will be particularly important eases such as HIV and Hepatitis C. Louisiana that can be replicated else- among SLC states, as the region con- DOMESTIC ABUSE AND where to help victims include prohib- tinues to experience relatively high VIOLENCE AGAINST WOMEN iting firearm possession during the levels of obesity. Without such mea- duration of protective orders; barring sures, millions more will be diag- Domestic abuse and other forms of firearm possession for 10 years after nosed with diabetes and the compli- violence against women impact fam- completion of sentences for domes- cations that come with it, including ilies across America. Nationally, 20 tic abuse battery; expanding trans- many severe chronic conditions such people per minute are victims of vi- mission of protective orders to state as blindness, kidney disease, nerve olence by an intimate partner, one registries and local law enforcement; damage, amputation, and a range of in three female murder victims are creating domestic violence prevention cardiovascular diseases. From a fis- killed by an intimate partner, and commissions; and improving treat- cal perspective, too, the costs will be one in five women will be raped at ment for victims. onerous if diabetes is not checked. some point in their lifetime. Among DIABETES IN SLC STATES According to the American Diabetes the states with the highest rates of fe- Association, the total annual costs of males murdered by men are Alaska, The costs associated with managing diabetes for all SLC states is approx- Louisiana, New Mexico, Nevada and diabetes are staggering. According imately $123 billion. 15 STAFF WORKSHOP SUMMARY

SATURDAY, JULY 9 MEDICAID EXPANSION UPDATE Matt Salo, Executive Director, National Association of Medicaid Directors, Washington, D.C. SUPREME COURT UPDATE Lisa Soronen, Executive Director, State and Local Legal Center, Washington, D.C. Marty Garrity MEET THE NEW DIRECTORS Director David Byerman, Director, Legislative Research Commission, Kentucky Bureau of Legislative Research Paul Coble, Legislative Services Officer, General Assembly, North Carolina Arkansas Gwennetta Tatum, Legislative Services Director, House of Representatives, Mississippi 2015-2016 Chair, SLC Legislative Service Agency Directors Group

MEDICAID EXPANSION UPDATE “private option” allows Arkansas resi- dents who would qualify for Medicaid In 2012, the U.S. Supreme Court ruled to purchase private health insurance that the Affordable Care Act’s (ACA) through the health insurance mar- requirement that states enroll in an ketplace. The state uses Medicaid ex- expansion of their Medicaid program pansion funds, provided by the feder- or lose all of their federal Medicaid al government, to subsidize these pri- funding was unconstitutionally coer- vate insurance purchases. cive. The Court ruled that states could voluntarily participate in Medicaid Kentucky opted for a traditional Med- expansion, but could not be punished icaid expansion in 2014, but is now for not participating. This ruling seeking a Section 1115 waiver in order made Medicaid expansion optional to renegotiate the terms of its expan- for states. Consequently, each state is sion. If successful, Kentucky would able to negotiate their own Medic- be the first state to transition from a aid expansion terms with the federal traditional Medicaid expansion under government via a waiver. The federal the ACA to a waiver system. redistricting, immigration, and af- government will pay 100 percent of firmative action, the U.S. Supreme the cost of expanding Medicaid in a West Virginia was one of five states Court has been the source of much state until the end of 2016. Starting in to employ an auto-enrollment meth- political and legal discussion during 2017, the federal government’s contri- od recommended by the federal its 2015-2016 term. bution will gradually decrease and, by government called “administrative 2020, the federal government will pro- transfer.” State officials sent letters The Obama Administration’s De- vide only 90 percent of the funding. to Supplemental Nutrition Assistance ferred Action for Parents of Amer- Program enrollees and the parents of icans (DAPA) program, announced In 2014, three SLC member states, Ar- children covered by Medicaid notify- in 2014, allows certain undocument- kansas, Kentucky, and West Virginia, ing them of their potential eligibil- ed immigrants who have lived in the began operating an expanded Medi- ity for Medicaid. More than 70,000 United States for five years, and either caid program to provide coverage for West Virginia residents signed up for came here as children or already have adults with an income of up to 138 Medicaid as a result of this outreach. children who are U.S. citizens or per- percent of the Federal Poverty Level. SUPREME COURT UPDATE: manent residents, to lawfully stay and A BRIEFING FROM THE STATE work temporarily in the United States. Arkansas negotiated a unique agree- The Court split 4-4 in United States v. ment with the federal government, AND LOCAL LEGAL CENTER Texas on whether the DAPA program using a Section 1115 waiver to allow Handing down a number of recent violated federal law. As a result, the the state to design its own version groundbreaking and controversial de- 5th Circuit’s nationwide temporary of Medicaid expansion. Arkansas’s cisions, such as those pertaining to stay of the program remains in effect. 16 Act of 1972, “waters of the United States” (WOTUS) are federally regu- lated. Property owners may seek an approved JD from the U. S. Army Corp of Engineers definitively stat- ing whether such waters are present or absent on a particular parcel of land. Based on the Administrative Procedures Act, judicial review may be sought only from final agency actions. Per Bennett v. Spear (1997), agency action is final when it marks the consummation of the agency’s decision-making process and when legal consequences flow from the action. The Court concluded that an approved JD is a final agency ac- tion subject to court review because it meets both conditions laid out in Bennett. MEET THE NEW DIRECTORS To provide a perspective on the changing role of legislative staff and agency administrators, a panel of three newly hired directors provid- ed insights into these complex state agencies.

Legislative service agency directors oversee departments that can include bill drafting; legal, fiscal and gener- al research; staff assistance for leg- islative committees and task forces; and computer and technology sup- port. Directors assist legislators and their staff by providing factual, non- In Fisher v. University of Texas at denied admission to Abigail Fisher, a partisan information on a variety of Austin, the Court ruled 4-3 that the white Texan who did not graduate in general topics and on the increas- University of Texas at Austin’s (UT the top 10 percent of her class. She ingly technical and scientific basis of Austin) race-conscious admissions sued claiming the University’s use of public policy. Staff answer questions program is constitutional. According race in admissions violates the Four- and gather data to help legislators as to Texas’s Top Ten Percent Plan, the teenth Amendment’s Equal Protec- they prepare legislation or respond to top 10 percent of Texas high school tion Clause. inquiries. Legislative service agency graduates automatically are admitted directors also are challenged to inte- to UT Austin, filling up to 75 per- In United States Army Corp of En- grate emerging technology to better cent of the class. Other students are gineers v. Hawkes, the Court ruled disseminate information, maintain admitted based on a combination of unanimously that an approved ju- institutional knowledge and recruit their grades, test scores, and “person- risdictional determination (JD) that and retain top talent in an environ- al achievement index.” Race is con- property contains “waters of the ment where public pension plans, one sidered a factor in one of the two United States” may be immediately of the biggest benefits for government components of an applicant’s “per- reviewed in federal district court. Ac- employees, have become less attrac- sonal achievement index.” UT Austin cording to the federal Clean Water tive incentives.

17 COMMITTEE TECHNICAL TOURS

TOYOTA MANUFACTURING ECONOMIC DEVELOPMENT, TRANSPORTATION & CULTURAL AFFAIRS The SLC has been studying the eco- nomic impact of the automobile in- dustry in the South for over 13 years. One of the oldest foreign automak- er facilities in the country, Toyota’s largest vehicle manufacturing plant in North America in Georgetown, Ken- tucky, produced the first American- made Camry in 1988. Nearly 10 mil- lion vehicles have rolled off Toyota’s assembly line since then, where full- time employment is around 7,000 and investment tops $5.9 billion. In ad- dition to the Camry, America’s best- selling car, Toyota Kentucky manu- factures the Camry Hybrid, Avalon, Avalon Hybrid and Venza, and four- cylinder and V-6 engines. Beginning in late 2015, the plant began produc- tion of the first U.S.-assembled Lexus, adding 50,000 vehicles to its current annual capacity of 500,000 (engine production capacity: 600,000). Partic- ipants were given a detailed briefing on the plant’s operations and taken on a guided tour of the facility. UNIVERSITY OF KENTUCKY CENTER FOR APPLIED ENERGY RESEARCH AGRICULTURE & RURAL DEVELOPMENT to the important research undertaken to the University of Kentucky’s Spin- Participants undertook a tour of the at CAER, the Center’s newest labora- dletop Research Farm and Ashford University of Kentucky Center for tory, CAER 2, is LEED gold certified. Stud Farm. The Spindletop Research Applied Energy Research (CAER) to Participants received briefings on key Farm is located on 2,000 acres of learn about CAER’s research efforts research being undertaken, a tour of prime farmland just north of Lex- and their newly constructed, high- CAER 2 highlighting the building’s ington. Participants learned about the performance laboratory. Research- state-of-the-art laboratory designs, cultivation of hemp and burley tobac- ers at CAER contribute to technical- and learned about the Center’s path co. The Ashford Stud Farm is home to ly sound policies related to fossil fuel, to LEED certification. some of the best young sires in Amer- renewable energy and energy storage. UNIVERSITY OF KENTUCKY ica. The stallion roster is led by Gi- Research efforts are directed to coal SPINDLETOP RESEARCH FARM ant’s Causeway, whose achievements beneficiation, utilization, and conver- include three champion sire titles; a sion process technologies; fuel use; AND ASHFORD STUD FARM feat only achieved by three stallions coal combustion by-products; engi- ENERGY & ENVIRONMENT since 1941. Participants had a close neered fuels; biomass and biofuels; Highlighting some of Kentucky’s viewing of 2015 Triple Crown winner, distributed solar energy; and electro- most recognizable agricultural com- American Pharoah, and learned about chemical power sources. In addition modities, this tour featured site visits the daily operations on a stud farm. 18 STATE TRANSFORMATION IN ACTION RECOGNITION (STAR) JUDGES PANEL

Dr. Christopher Colville, Superintendent of Education, Department of Corrections, Virginia; Nick Donohue, Deputy Secretary of Cleon Ross II, Education Program Coordinator, Division of Education, Department of Corrections, Virginia Transportation, Virginia

its inmates. Research shows that ex- itization process for transportation offenders who have acquired college projects that improve the efficiency credit while incarcerated have lower of the commonwealth’s transporta- recidivism rates. tion network.

The ACE-accredited courses offered The Smart Scale legislation addressed are business software applications, concerns that the selection of trans- AMERICAN COUNCIL ON EDUCATION computer aided drafting, computer portation projects was based on pol- graphics and design, introduction itics, not objective data. Projects now ACCREDITATION PROJECT to computers and print production. are evaluated based on their benefits- In order to reduce recidivism, the Upon release, ex-offenders may sub- relative costs, specifically the ease Virginia Department of Correc- mit an accredited transcript to high- of congestion, improved accessibili- tions, Division of Education (VDOC, er education institutions for potential ty to jobs, improved safety and eco- DOE) offers career and technical ed- transfer credit in a degree program. nomic development, transportation- ucation (CTE) courses to inmates. Based upon the initial success of the efficient land use, and impact on the These courses are designed to pro- program, the VDOC, DOE plans to environment. vide inmates with the skills required seek ACE accreditation for addition- to succeed in today’s workforce. ln al courses, including welding, HVAC, In June 2016, the Commonwealth 2014, the VDOC, DOE received col- plumbing and masonry. Transportation Board approved $1.7 lege accreditation for five CTE cours- SMART SCALE PROGRAM billion in funding to build 163 trans- es through the American Council on portation projects that were select- Education (ACE). For more than 30 In 2014, Virginia became the first ed through the Smart Scale pro- years, colleges and universities have state to pass legislation establishing cess. These projects are fully funded trusted ACE to provide reliable a scored ranking system to evaluate through all phases of project devel- course equivalency information to transportation projects based on proj- opment and construction. The Vir- facilitate credit award decisions. Vir- ect outcomes and across modes with ginia Department of Transportation ginia is the only state in the nation their Smart Scale program legislation, has been working with other states to offer college accredited courses to which established a statewide prior- that wish to replicate their success. 19 CONFERENCE NOTES

THOMAS B. CARTER/HELLARD POLICY POSITIONS ADOPTED AT MURPHY LEGISLATIVE STAFF THE 70TH SLC ANNUAL MEETING LONGEVITY OF AWARD The Southern Legislative Conference SERVICE AWARD The Carter/Hellard adopted five policy positions at the Senator Gerald O. Legislative Staff Award 70th Annual Meeting: Dial, born in Delta, is presented to the Alabama, is serving individual who has 1. Regarding Support for Bipartisan his tenth term in the Alabama Leg- demonstrated excellence and dedi- Efforts in Congress to Encourage islature, having served two terms in cation in staffing service to state legis- Development of Nuclear Power the House and seven previous terms lators in the South. Ms. Estella Smith Reactors in the Senate, for an impressive 37 is the recipient of the 2016 Award. 2. Supporting the Deployment of years of service. Advanced, Innovate Electric Ms. Smith started her service with Transmission Technology He holds degrees from both West the Arkansas Bureau of Legislative 3. Encouraging Resource Conserva- Alabama University and Jackson- Research in 1978 as an administra- tion, Preservation and Recovery ville State University, and has done tive assistant. For 11 years, she served of Coal Combustion Products graduate work at Auburn University. in various positions with the Bureau 4. Supporting the Development and, in 1989, became administrative of Advanced Carbon Emission In the , Senator Dial assistant to the assistant director. In Reduction Technologies for serves as chair of the Health and Hu- 1996, Ms. Smith obtained her bach- Power Generation man Services Committee; chair of elor’s degree and became a legislative 5. Regarding the Cumulative Im- pacts of Future Environmental Local Legislation Committee; and as analyst with the Bureau. Protection Agency Regulations a member of several other influential committees. After serving for five years as a con- To review these policy positions and stituency services analyst for the Ar- those of previous years, please visit Senator Dial is a self-employed real , Ms. Smith returned to www.slcatlanta.org/policy_ positions/. estate developer and a retired briga- the Bureau of Legislative Research in dier general in the Alabama National 2001. Since 2011, she has served as Policy Positions of the Southern Legis- Guard. He is president pro tempore of the administrator of the Committee lative Conference shall sunset the first the Troy University Board of Trustees Staff Section of the Bureau. Ms. Smith day of the following Annual Meeting. and belongs to several sports-oriented has an extensive knowledge of the The SLC collaborated with the CSG organizations. He lists his hobbies as legislative process, parliamentary pro- Washington, D.C. office to forward hunting, fishing, and work. cedures and personnel management. the positions to the proper authorities.

Senator Dial and his wife, Faye, are the parents of two children: Melanie COMPARATIVE DATA REPORTS and Jason. Comparative Data Reports (CDRs) are prepared annually by select SLC CONTINUING LEGAL EDUCATION states’ fiscal research departments. CDRs track a multitude of revenue sources and appropriations levels in Southern states and remain a useful The SLC continues to provide an array tool to legislators and legislative staff alike in determining their respective of services to its legislative members state spending. The reports presented at the SLC Annual Meeting were: and staff by providing the opportunity »»Adult Corrections - Monique Appeaning, Legislative Fiscal Office, Louisiana to earn Continuing Legal Education »»Education - Hank Hager, Senate, West Virginia (CLE) credits for attending certified »»Medicaid - Patrice Thomas, Legislative Fiscal Office, Louisiana substantive sessions during the An- »»Transportation - John Snyder, Legislative Research Commission, Kentucky nual Meeting. For more information Comparative Data Reports are prepared under the auspices of the Con- regarding the annual meeting CLE ac- ference’s Fiscal Affairs & Government Operations Committee. Reports for creditation, contact Roger Moore at 2016 and previous releases, dating back to 2000, are available through the [email protected], or the SLC office by SLC website at: www.slcatlanta.org/Publications/. calling (404) 633-1866. 20 APPRECIATION

The Southern Legislative Conference extends special thanks to the following friends for their generous assistance with the general and substantive programs for our 70th Annual Meeting. We are grateful for their continued support and interest in the Conference.

American Chemistry Council | Chevron | Eli Lilly and Company SLC PROGRAM GlaxoSmithKline | HCA | LexisNexis | Merck SPONSORS Perdue Farms | Phillips 66 | Wells Fargo KENTUCKY HOST STATE SPONSORS UNDERWRITER BRONZE (continued) Keeneland LG&E-KU Kentucky American Water & LexisNexis Kentucky Distillers’ Association University of Kentucky / Tennessee American Water Mountain Valley Pipeline UK HealthCare Kentucky Association of Counties Perdue Farms Kentucky Credit Union League T-Mobile USA, Inc. PARTNER Kentucky Hospital Association VisitLEX AEP - Kentucky Power Kentucky Optometric Association Wine & Spirits Wholesalers Legalize Kentucky Now of Kentucky PLATINUM Altria Client Services Kentucky Coal Association SUPPORTER City of Lexington RAI Services Company American Pharmacy Kentucky County Judge/ Duke Energy Kentucky UPS Services Corporation Executive Association Babbage Cofounder Kentucky Justice Association GOLD Chevron Kentucky Malt Beverage Council AARP Kentucky Highway Industries: Ken- Commerce Lexington Kentucky Medical Association Anthem tucky Association of Highway Cull & Hayden PSC Kentucky Professional Fire Fighters AT&T Contractors, Plantmix Asphalt Eli Lilly and Company Kentucky School Boards Association CVS Health Industry of Kentucky, Kentucky Enova International Kentucky Society of CPAs Genentech Crushed Stone Association Goss Samford KentuckyOne Health Kentucky Association of Electric MGM Resorts International Greater Louisville Inc. Lexmark International Co-operatives: East Kentucky Norton Healthcare Independent Insurance Louisville Convention Power Co-operative and Big Passport Health Plan Agents of Kentucky & Visitors Bureau Rivers Electric Corporation Republic Services, Inc. Kentuckians for Better Transportation Merck WellCare Health Plans Kentucky Association of Manufacturers National Association of Kentucky Association of Realtors Chain Drug Stores SILVER Kentucky Beer Wholesalers Association Owensboro Health Baptist Health Kentucky Horse Park Kentucky Blood Center Procter & Gamble Buffalo Trace Distillery Kentucky League of Cities Kentucky Cable St. Elizabeth Healthcare Churchill Downs, Inc. Kentucky Retail Federation Telecommunications Association Wells Fargo Columbia Gas of Kentucky Koch Companies Public Sector Kentucky Council of Area Windstream Communications Comcast Marathon Petroleum Corporation Development Districts CSX Corporation McCarthy Strategic Solutions GlaxoSmithKline Pharmaceutical Care FRIENDS Kentucky Beverage Association Management Association Allen County Scottsville Industrial Duplicator Sales & Service Kentucky Chamber of Commerce Phillips 66 Development Authority Kentucky Wineries Association Kentucky County Clerks Association RJ Corman Diageo Mr. and Mrs. William Strong Kentucky Employers State Farm Insurance Downtown Lexington Corporation Winchester-Clark County Mutual Insurance Swedish Match Tourism Commission Kentucky Farm Bureau Toyota Kentucky Guild of Brewers Walmart SPECIAL THANK YOU Kentucky Tourism, Arts & Heritage Kentucky Cooperative BRONZE Cabinet: Kentucky Arts Council, Extension Service American Chemistry Council Charter Communications Kentucky Artisan Center Kentucky Beverage Association Advantage Capital Partners Community Ventures Corporation Kentucky Department of National American AmeriHealth Caritas Dart Container Corporation Agriculture: Kentucky Proud Racing Academy Amgen EQT Corporation Program, Kentucky Cattlemen’s Garden Club of Frankfort Anheuser-Busch Express Scripts, Inc. Association, Kentucky Pork God’s Pantry Food Bank Atmos Energy Corporation HCA Producers Association, Kentucky Commerce Lexington Big Ass Solutions Home Builders Association Corn Growers Association Office of Governor Brotherhood of Maintenance of of Kentucky Gallrein Farms Staff of the Kentucky Legislative Way Employees / Teamsters ITG Brands University of Kentucky Research Commission CareSource - Kentucky Insurance Institute of Kentucky Wildcat Pulling Team

21 70TH SLC ANNUAL MEETING HOST STATE

HOST STATE COMMITTEE CO-CHAIRS MEMBERS Senate President Pro Tem Senator Ray S. Jones II Senate President Senator David P. Givens Senator Dan “Malano” Seum Senator Julian M. Carroll Robert Stivers Senator Senator Gerald A. Neal Speaker Pro Tem Representative Speaker Representative Sannie Overly Representative Representative Representative Greg Stumbo Representative Jeffrey Hoover Jim DeCesare LOCAL HOST STATE COMMITTEE Senator Senator Senator Reginald Thomas SENATE Senator Senator

Representative III Representative Representative HOUSE Representative George Brown, Jr. Representative DIRECTOR OF HOST STATE CONFERENCE PLANNING Teresa Arnold, Deputy Director for Research, Legislative Research Commission HOST STATE VOLUNTEERS Krystal Albers • Maurya Allen • Sasche Allen • Bryce Amburgey • Sarah Amburgey • Teresa Arnold • Lowell Atchley James Baggett • Becky Barnes • Debbie Bates • Joey Beeler • Jennifer Black Hans • Kelly Blevins • Andy Bond Jim Bondurant • Shawn Bowen • Alicia Boyd • Tim Bradley • John Buckner • Eric Burge • Jennifer Burkhead • Joe Burks Melissa Bybee-Fields • David Byerman • Christina Campbell • Tonya Capito • Georan Cardwell • Daniel Carter Emily Caudill • Leslie Caudill • Mike Clark • Robert Coleman • David Coles • Joshua Collins • Todd Combs • Katie Comstock Cassaundra Cooper • Joe Cox • John Cox • Janine Coy-Geeslin • Susan Cunningham • Joan Curtis • John Curtis Nicole Cusic • Tammy Daniel • Ange Darnell • Seth Dawson • Mark DeVore • Temple Dickinson • Sean Donaldson Jonathan Eakin • Jeremy Edgeworth • Kim Eisner • Eric Elliott • Christy Fields • Mark Fields • Sandra Fields • Dave Fleenor Miriam Fordham • Jeff Fossett • Judy Fritz • Jens Fugal • Dana Fugazzi • Debra Gabbard • Cynthia Galvin • Michael Ganesan Christy Glass • Nathan Graham • Ray Griffith • Greg Hager • Chris Hall • Rhonda Hall • Katherine Halloran Rebecca Hanchett • Jim Hannah • Bart Hardin • Dale Hardy • Becky Harilson • Emily Harkenrider • Johnathan Harris Holly Harrod • Jay Hartz • Jennifer Hays • Tom Hewlett • Teresa Hill • Alice Hobson • Lana Hogan • Donna Holiday Karen Howard • Dallas Hurley • Adanna Hydes • Jay Jacobs • Robert Jenkins • Angela Jones • Bryan Jones • Stefan Kasacavage Jamie Kay • Chandani Kemper • Robyn Kemper • Colleen Kennedy • Eric Kennedy • Sarah Kidder • Becky King • John King Joy Kiser • Roberta Kiser • Van Knowles • Bud Kraft • Keith Krey • Jennifer Krieger • Steve Kring • Becky Lancaster Kathy Lewis • Chris Lilly • Donna Little • D. Todd Littlefield • Hanley Loller • Jennifer Lowery • Kelly Ludwig Jennifer Luttrell • Alice Lyon • Marielle Manning • Andrew Manno • Elizabeth May • Ashlee McDonald • Capella McFarland Bennie McWain • Glenn Means • Alisha Miller • Mark Mitchell • Tanya Monsanto • Carla Montgomery • Bryan Moore Gloria Morgan • Christy Morris • Anita Muckelroy • Vaughn Murphy • Zach Myers • Deborah Nelson • Christy Nentwick Brennan Newberg • Sharon Newman • Doug Newton • Lisa Nichols • Jenny Noran • Rosemary Oaken • Sabrina Olds Oreta O'Mara • Ben Payne • Tyler Peavler • Yvette Perry • Bruce Phillips • Joe Pinczewski-Lee • Annette Poole-Malone Kristie Powe • Nicole Prather • Theresa Rakes • Peggy Rayborn • Joel Redding • Amy Renfroe • Stephanie Rich • Gina Rigsby Aaron Ritchie • Jonathan Roenker • Michael Rothacker • Jennifer Rowe • Logan Rupard • John Ryan • Meredith Scalos John Schaaf • Rhonda Schierer • Jarrod Schmidt • Jeff Schnobrich • Candace Scott • Jena Scott • John Scott • Jonathan Scott Karen Sigler • Stephanie Skinner • Bettina Smith • Chip Smith • Cindy Smith • Gayle Smith • Liz Smith • Alicia Sneed John Snyder • Morgain Sprague • Janet Stevens • LeAnn Straley • Taylor Sullivan • Jim Swain • Kate Talley • Kelly Taulbee Lisa Thomas • Pam Thomas • Lara Thompson • Brian Throckmorton • Matt Tillman • Karen Timmel • Greg Troutman Chuck Truesdell • Rosalind Turner • Lawrence Tyree • Bill VanArsdall • Millie Vance • Teresa Vascassenno • Julia Wang Erica Warren • Robert Watts • Robert Weber • DeeAnn Wenk • Brandon White • Christal White • Corey Wideman Suzanne Wilkins • Christina Williams • Rob Williams • Stewart Willis • Greg Woosley • Elise York • Ann Zimmer 22 2016-2017 CONFERENCE AND COMMITTEE LEADERSHIP

Speaker Philip Gunn Senate President Pro Tem Ron Richard Senate President Robert Stivers LEADERSHIP

CONFERENCE CONFERENCE Mississippi Missouri Kentucky Chair Chair Elect Immediate Past Chair ECONOMIC DEVELOPMENT, TRANSPORTATION & AGRICULTURE & RURAL DEVELOPMENT CULTURAL AFFAIRS

Representative Senator Representative Representative Tom McKee Danny Verdin III Jeanie Lauer Kentucky South Carolina Kentucky Missouri Chair Vice Chair Chair Vice Chair EDUCATION ENERGY & ENVIRONMENT

Senator Representative Representative Senator Dolores Gresham Tom Dickson Lynn Smith Ed Emery Tennessee Georgia Georgia Missouri Chair Vice Chair Chair Vice Chair FISCAL AFFAIRS & GOVERNMENT OPERATIONS HUMAN SERVICES & PUBLIC SAFETY COMMITTEE LEADERSHIP COMMITTEE

Representative Representative Senator Senator Eric Johnson Penny Houston Doug Overbey Katrina Shealy Texas Georgia Tennessee South Carolina Chair Vice Chair Chair Vice Chair LEGISLATIVE SERVICE AGENCY DIRECTORS GROUP SLC OFFICE Marty Garrity Marcia Goff Colleen Cousineau Director Research Director Director Bureau of House Southern Legislative Legislative Committee Conference Research Services Director Arkansas Oklahoma Southern Office, CSG Chair Vice Chair

23 st 71 Annual Meeting of the 72nd Annual Meeting of the Southern Legislative Conference Southern Legislative Conference Biloxi, Mississippi St. Louis, Missouri July 21 - 25, 2018 July 29 - August 2, 2017

SLC STAFF COLLEEN Cousineau [email protected] Director, SLC; Director, Southern Office, CSG SUJIT M. CanagaRetna [email protected] Fiscal Policy Manager LORI Moore [email protected] Director of Operations & Programs MIKKO Lindberg [email protected] Policy Analyst ANNE Roberts Brody [email protected] Policy Analyst ROGER Moore [email protected] Policy Analyst NICK Bowman [email protected] Research & Publications Associate LILY Schieber [email protected] Administrative Coordinator NEIL Johnson [email protected] Operations Coordinator SLC ANNUAL MEETING ADJUNCT STAFF SUSAN Lanter, The Council of State Governments | JOAN Minton, Consultant

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