Stateline

Vol. 23, No. 5 • May 2014

MidwestTHE MIDWESTERN OFFICE OF THE COUNCIL OF STATE GOVERNMENTS

INSIDE Hidden, lifetime scars CSG Midwest Issue Briefs 2 States address the needs of children who have experienced • Agriculture: New census shows most states losing farms; Nebraska bucks national trend trauma, aim to stem the cycle of negative outcomes • Passenger Rail: New Wi-Fi service and trains will improve service across region by Kate Tormey ([email protected]) • Midwest-Canada Relations: Concerns raised about piles of petcoke from oil refining magine being a young boy waking up one Neurological research shows that % of children with one or more • Great Lakes: Legislation in five states morning to the sound of your parents these events can spur an overproduction behavioral, developmental or takes aim at big source of plastic pollution Iarguing and your mother being abused. of stress hormones, which, in turn, can emotional conditions (2011-12) Around the Region 4 You don’t get breakfast and you miss actually change the makeup of the brain the bus — so you’re late for school. You and immune system. Interstate pact aims to advance online education; 18% minimum-wage laws under review in Midwest get in trouble for being tardy, and by mid- “Toxic stress in early life and com- 18% morning, you’re hungry and frustrated, so mon precipitants of toxic stress — such 13% 19% Question of the Month 5 you lash out at another student. as poverty, abuse or neglect, parental 20% 19% How many states have banned the use You’re back in the principal’s office substance abuse or mental illness, and 17% 15% 20% of handheld cellphones while driving? instead of learning in the classroom — exposure to violence — can have a 22% First in the Midwest 5 and the vicious cycle continues. cumulative toll on an individual’s physical 16% It’s the type of scenario that plays out and mental health,” according to a report More than a century ago, Illinois started Source: KIDS COUNT, Annie E. Casey Foundation the nation’s first juvenile-court system all too often, says Wisconsin Rep. Janet done by Megan Gunnar, a professor of Bewley. child development at the University of development. Your experiences as a Profile 8 “The idea is not to say to the child, Minnesota. young child still have an impact on you Iowa Speaker of the House Kraig Paulsen ‘What’s the matter with you?’ Instead, we “The more adverse experience in as an adult.” ask, ‘What happened to you — not just childhood, the greater the likelihood The negative outcomes related to FirstPerson 9 this morning, but in your life — that led of developmental delays and other early stress and trauma not only affect Minnesota Sen. Patricia Torres Ray on how her to this behavior?’” Bewley says. problems.” individuals, but can also generate a high state can better help English language learners That’s the idea behind “trauma- The consequences can last into adult- “public cost” to society in the form of CSG News & Events 10 informed care,” which uses scientific hood. And the more negative experiences higher health care costs, unemployment, research to help reverse the negative a person has endured, the more likely criminal-justice expenditures and the MLC meeting to be held July 13-16 in Omaha; consequences of adverse childhood featured speakers include Doris Kearns Goodwin he or she is to experience mental health need for public assistance. experiences. issues (depression, substance abuse and State leaders are looking at ways to Capitol Clips 12 Bewley is part of a council of experts, suicide attempts, for example) as well as increase the number of at-risk children state officials and legislators work- • Trust in state government varies widely chronic health problems such as obesity who receive help and get on the path to ing to integrate the technique into • Wisconsin OKs bill to protect adopted children and heart disease. (See sidebar on page healthy adulthood. • Kansas, Nebraska to require autism coverage Wisconsin state policy, from child welfare 6.) For example, Michigan’s Mental • Parts of Minnesota energy law struck down to education. “We have more evidence than ever Health and Wellness Commission issued It’s one of several efforts in the region before about the importance of early de- a report last year that included recom- aimed at improving the response to early velopment,” says Amy Susman-Stillman, mendations for better addressing the trauma, not only as an investment in co-director of the Center for Early needs of children with mental health Stateline Midwest is published 12 times a year young people, but also in the future of Education and Development at the issues. It suggests giving priority to by the Midwestern Office of states themselves. The Council of State Governments. University of Minnesota. children in long-term foster care (who are “It sets the foundation for later likely to have experienced trauma) and Annual subscription rate: $60. Long-term effects of early trauma To order, call 630.925.1922. By age 16, two-thirds of American chil- PLEASE TURN TO PAGE 6 dren have experienced a traumatic event, according to the National Child Trauma From new anti-bullying Stress Network. These can include: laws to an increased • physical or sexual abuse; emphasis on trauma- CSG Midwestern Office Staff • natural disasters; informed care, state legislators are trying Michael H. McCabe, Director • family or community violence; to do more to limit Tim Anderson, Publications Manager • sudden or violent loss of a loved Cindy Calo Andrews, Assistant Director people’s exposure to one; Ilene K. Grossman, Assistant Director adverse childhood Lisa R. Janairo, Senior Policy Analyst • serious injuries or life-threatening experiences and to Laura Kliewer, Senior Policy Analyst illness; or address those at risk of Gail Meyer, Office Manager • stress related to military service, Laura A. Tomaka, Senior Program Manager experiencing mental Kathryn Tormey, Policy Analyst/Assistant Editor such as parental deployment, health problems. Kathy Treland, Administrative Coordinator and Meeting Planner injury or loss. CSG MIDWEST ISSUE BRIEFS

Issue Briefs cover topics of interest to the various groups and policy committees of CSG Midwest, which include the Midwestern Legislative Conference, Great Lakes Legislative Caucus, Midwest Interstate Passenger Rail Commission and Midwestern Radioactive Materials Transportation Committee. Agriculture & Natural Resources

Growth in Nebraska bucks trend Change in number of farms in income tax credit. And under the 100 Acre and Beef as region, U.S. lose farms overall Midwestern states, 2007-2012* Cow Advantage programs, students learn how to create successful business plans and ranch-transfer programs. ore than 29,000 farmers in the Midwest called The programs are partnerships among the Nebraska it quits between 2007 and 2012, according -3.2% College of Technical Agriculture, the state and the USDA. -8.1% Mto the U.S. Department of Agriculture’s Nebraska also has a decade-old Livestock Friendly -11.0% latest census, a period in which the region also lost +2.6% County program. Twenty-six of the state’s 93 counties farmland while the average size of operations grew. -6.8% now receive this designation, which requires local The new statistics reflect longtime trends occur- -4.6% officials to streamline certain zoning and siting rules. +4.7% ring not only in the Midwest, but nationally as well. -0.5% In recent years, Nebraska and other states in the -2.3% -3.7% But one state that bucked some of these trends western half of the Midwest have fared much better is Nebraska, which recorded one of the largest U.S. -5.7% economically than states in the eastern half — with one gains in the number of farm operations — nearly primary reason being the strength of the farm economy. 5 percent over the five-year period. Nebraska But the new USDA census figures also show that State had more farms in 2012 than in 2007 farmers are also the youngest in the nation, with the recession had an impact on farmers. For example, an average age of 55.7 years old. State lost between 0.5% and 5% of its farms the number of very small farms fell 9 percent during A global leader in red-meat production, Nebraska between 2007 and 2012 the five-year period. These small farmers help meet recently became the No. 1 cattle-feeding state in the State lost more than 5% of its farms between demand for locally grown foods, but they may have nation. Livestock production and a strong ethanol 2007 and 2012 been adversely affected by decreased spending during industry provide a ready market for Nebraska’s * Overall, the Midwest lost 29,300 farms (4.0% of the previous total), while the the economic downturn. U.S. as a whole lost 95,429 farms (4.3% of the previous total). large corn supply (it, along with Iowa and Illinois, In 2012, nearly two-thirds of the Midwest’s farms Source: U.S. Department of Agriculture produces almost half of the nation’s corn), and the had gross sales of less than $50,000, an indication that state also boasts a wide range of companies that use farming is not the primary income for many farm the commodities its farmers produce. states in the Midwest, in fact, support young farmers families; since 2007, the share of farmers with primary Policymakers, meanwhile, have established through outreach and financial assistance.) occupations off the farm grew from 49 to 51 percent. several programs to promote the industry, with one For example, Nebraskans who rent land, equipment Only 6 percent of the Midwest’s farms (and 3.8 percent emphasis being support for young farmers. (Many or livestock to a new farmer are eligible for a 10 percent nationally) had gross sales of more than $1 million.

Brief written by Carolyn Orr, staff liaison to the Midwestern Legislative Conference Agriculture & Natural Resources Committee. She can be reached [email protected] . The committee’s co-chairs are Indiana Rep. Bill Friend and Minnesota Rep. Rick Hansen.

Passenger Rail

From free Wi-Fi to purchase of towns of Grand Rapids, Port Huron and Detroit/ which trains could travel on 40 miles of track by new 125-mph trains, upgrades to Pontiac. rehabilitating grade crossings. Meanwhile, progress on other rail improvements • Minnesota officials, the Wisconsin DOT and Midwest’s rail service continue is continuing in the region: Amtrak are continuing to n February, free Wi-Fi service began on most • The Illinois DOT is study the feasibility of adding Amtrak trains that operate on the Midwest’s working with private rail- a second daily Amtrak train Ishorter-distance, state-funded “corridor” routes. roads and the Federal Railroad between Chicago and the Twin Within the next few years, some of these routes Administration to expand Cities. A recommendation is will also have new high-performance trains. These 110-mph service to about 75 expected this summer. modern train sets will be capable of 125-mph speeds percent of the Chicago-to-St. Also, Amtrak’s Empire and will offer improved fuel efficiency and reliability Louis corridor by 2017. The Builder service is set to return compared to the 40-year-old equipment now in use. state will also study the feasi- Plans to improve passenger-rail service to the renovated St. Paul Union In a procurement process led by the state of Illinois, bility of providing such service in the Midwest include the purchase Depot in May, providing im- the departments of transportation in California, to the rest of the corridor. of new trains, including locomotives proved transit connections and Michigan, Washington and Missouri jointly made the In February, IDOT began like those pictured above. (Photo access to downtown amenities. purchases. Next-generation bi-level rail cars, meanwhile, holding public meetings in credit: www.siemens.com/press) As of mid-April, Minnesota are being manufactured for Midwestern states and communities along the route legislators were considering a California at a facility in the Illinois town of Rochelle. to present results of federally required environmental $27 million bonding request to The purchases were made through grants from the studies and gather public input. further develop rail corridors in the state. U.S. High Speed Intercity Passenger Rail program. The • Last August, the Michigan DOT contracted with • Customer satisfaction with the state-funded rail cars and locomotives are scheduled to be delivered Norfolk Southern to replace more than 138,000 ties Missouri River Runner service between Kansas City starting in 2016, and are part of broader plans to expand and 160,000 feet of rail and to resurface all 135 miles of and St. Louis is among the highest of any Amtrak and improve passenger-rail service in the Midwest. track on the Michigan-owned segment of the Chicago- route. Last year, the Missouri DOT completed two The new equipment will be used for state- Detroit/Pontiac corridor between Kalamazoo and construction projects along the corridor, with two funded corridor routes that provide service between Dearborn. The $8 million stabilization project increased more planned for completion in 2014. And over the Chicago and numerous end points: downstate the speed and efficiency of theWolverine service. winter, despite harsh weather conditions, on-time Illinois; St. Louis; Milwaukee; and the Michigan Also last year, Amtrak improved the speed at performance along the route remained at 90 percent.

Brief written by Laura Kliewer, director of the Midwest Interstate Passenger Rail Commission, which was formed by an interstate compact agreement and now includes 10 member states. Laura can be reached at [email protected]. Tim Hoeffner, director of the Michigan Department of Transportation’s Office of Rail, serves as the chair of MIPRC; more information is available www.miprc.orgat .

2 STATELINE MIDWEST MAY 2014 Midwest-Canada Relations

deliver the coke and coal would have to be covered, Dust pollution from open petcoke Petcoke production capacity in Midw est and the roads inside and nearby the storage facility piles sparks push in Illinois, (barrels per stream day*) Michigan for enclosed storage would have to be cleaned daily. The proposed legislation also requires petcoke- uring the last year, residents of neighbor- 0 storage facilities to obtain state construction, hoods in Chicago and Detroit have had to 24,800 air and water permits; to regularly conduct air deal with growing piles of petroleum coke, monitoring and sampling; and to have plans in D 0 0 or petcoke. These piles were often left uncovered, 10,400 place to control the spread of dust. allowing winds to disperse black dust into sur- 0 According to Mary Morrissey-Kochanny, rounding communities and nearby waterways. 0 14,200 the attorney general’s deputy chief of staff, HB Petcoke is a byproduct of the refining process, 70,495 10,000 5939 applies only to “transloading facilities that and more of it is being produced with the increased 19,923 specialize in moving coke and coal” and that “store use of oil from Canada’s oil sands. (Petcoke can be the materials in large piles near communities and burned in place of coal, but contains more carbon * Petr oleum production can be measured on a calendar-day (365 per year) neighborhoods.” than coal. Much of it is sold and used overseas.) basis or a “stream day” basis, based on the number of days a re nery is Meanwhile, the storage of uncovered petcoke How can and should this residue be safely operating. For example, if it is operated 340 days per year (i.e., 93 percent along the Detroit River raised concerns in availability), the re nery’s production could be stated as 100,000 barrels per stored and transported? day on a stream-day basis or 93,000 barrels per day on a calendar-day basis. neighborhoods on both sides of the U.S.-Canada Proposed legislation in Illinois and Michigan border. Those piles of petcoke are now gone, but Source: “Annual Re nery Report,” U.S. Energy Information Administration would provide greater oversight and require more ( gures as of Jan. 1, 2013) the company that stored the materials there wants of the facilities storing the petcoke (storage is to move its storage site to the River Rouge area, usually not done by the refinery, but instead by just south of Detroit. an outside company). within 1,000 feet of a residence, school, park, Under two different bills introduced in In Illinois, under a measure initiated by hospital, and child care or nursing facility. Michigan (HB 4820 and HB 5365), petcoke would Attorney General Lisa Madigan and Rep. Barbara Under HB 5939, too, the loading and unload- have to be stored in enclosed structures and, when Flynn Currie (HB 5939), petcoke would have to ing of materials would have to take place inside being transported, be in enclosed containers. The be completely enclosed when the storage facility the enclosed facility or with the use of a dust- two measures would also require the companies is within 5,000 feet of a home, school or hospital. suppression process. To further minimize dust storing the petcoke to obtain a stormwater The bill also prohibits location of a storage facility and air pollution, trucks, barges and rail cars that discharge permit.

Brief written by Ilene Grossman, staff liaison to the Midwestern Legislative Conference Midwest-Canada Relations Committee. She can be reached at [email protected]. The committee’s co-chairs are Kansas House Speaker Ray Merrick and Saskatchewan MLA Wayne Elhard. Great Lakes

State legislation calls for ban on and Erie; levels of plastic pollution were found to be Bills in Great Lakes states that target products found to be regionwide particularly high in Lake Erie — as much as 460,000 “microplastics” in waterways (none of plastic particles per square kilometer. these bills had passed as of April) source of plastic pollution “That is comparable to the highest counts we find hen they embarked on a two-year survey in the ocean,” Mason said on a recent web seminar State Bill Description of the Great Lakes’ open waters, research- organized by the Alliance for the Great Lakes. SB 2727 Ban manufacture of personal care (passed by products with microbeads starting in ers expected to find a fair amount of A year later, a survey of the open waters of lakes Illinois W Senate in 2018; ban sale of personal care products plastics. Michigan and Ontario found even higher concentra- April) with microbeads starting in 2019 But the sheer amount of the pollution, and the size tions of plastic particles in parts of Lake Ontario (1.1 Ban manufacture of personal care products million particles per kilometer), where water from all with plastic particles starting in 2015; ban of the plastic particles that were found, is what caught Michigan HB 4994 of the other Great Lakes eventually flows. sale of personal care products with plastic the attention of State University of New York Professor particles in 2016 A closer study of the particles, too, helped Mason Sherri Mason and her research group. Ban sale of personal care products Their findings have, in turn, piqued the interest discover one of the pollution sources — cosmetics and Minnesota HF 2414 containing microplastics starting on of state legislators. personal care products that include microbeads (they July 1, 2015 As of April, bills had been introduced in five are labeled as polyethylene on the list of ingredients). HF 2101/ SF Appropriate money from Clean Water Illinois’ SB 2727, passed by the Senate and Minnesota 1881 and SF Fund to identify plastic microbeads in Great Lakes states to ban the manufacture and sale of 2802 state waterways and study their impact moving toward passage in the House as of April, cosmetics and personal care products (facial scrubs, Ban sale of personal care products body washes and toothpastes, for example) that would institute a manufacturing ban on these containing plastic microbeads; ban New York AB 8652 contain plastic “microbeads”: very small particles (less products in 2018 and prohibit their sale a year takes effect 18 months after bill becomes law than 1 millimeter) that are too small to be captured later. The bill reflects a compromise reached Ban sale and manufacture of personal care AB 8744/ SB by wastewater systems and that end up in the Great between environmental and business groups. New York products containing plastic microbeads 7018 Lakes. Some manufacturers have already begun to starting in 2016 Ban sale of personal care products Those microbeads accounted for the highest count phase out the use of these plastic microbeads, and Ohio SB 304 of plastic pollution found in the recent study of the some legislators envision a shorter period of time containing plastic microbeads Great Lakes system. The findings differ from what before their state bans would take effect. Proposals Source: Great Lakes Legislative Caucus State Legislative Tracker researchers have found in the world’s oceans, where in Michigan and New York, for example, would larger particles account for a greater proportion of prohibit the sale of these products in 2016. food, and there are consequences associated with plastic pollution. As state lawmakers consider instituting these that,” Mason said. Mason’s work has also unearthed just how much new bans, researchers continue to study the Another concern is that these plastic micro- plastic is present in the Great Lakes. potential impact of these small plastic particles. beads act as sponges for toxins, which, as a result, In 2012, she surveyed lakes Superior, Huron “Organisms will eat the plastics thinking it’s a enter the Great Lakes and get consumed by fish.

Brief written by Tim Anderson, who can be reached at [email protected]. CSG Midwest provides staffing services to the Great Lakes Legislative Caucus, a nonpartisan group of lawmakers from eight U.S. states and two Canadian provinces. The caucus chair is Minnesota Sen. Ann Rest. Caucus information is available at www.greatlakeslegislators.org.

STATELINE MIDWEST MAY 2014 3 AROUND THE REGION Interstate agreements New Minnesota law sets highest aim to expand student access to online courses minimum wage in Midwest t the start of the 2012-13 school year, States vary on wage levels, pay for tipped workers and cost-of-living adjustment online enrollment accounted for more Athan one-third of total enrollment at the nation’s degree-granting postsecondary t the start of this year, Minnesota was the only institutions. state in the Midwest that had a minimum Summary of state minimum-wage Ten years prior, it made up less than 10 Awage lower than the federal requirement. laws in the Midwest (as of April 2014)* percent, according to enrollment trends tracked Starting in August, it will have the region’s by the Babson Survey Research Group. highest, as part of a gradual phase-in that will This rise in distance education allows for require the state’s larger employers (sales of more the virtual crossing of state lines in pursuit than $500,000 a year) to pay their workers at least of knowledge and a degree — a North Dakota $9.50 per hour by August 2016. student taking an online course offered by a The recently enacted measure (HF 2091) is one school in Indiana, for example, or vice versa. of many proposals in the Midwest this year calling And those two Midwestern states have for hikes in the minimum wage. As of April, though, emerged as national leaders in an effort to no other state legislature in the Midwest had make interstate distance education even more enacted such a law, and Illinois appeared to be the seamless and accessible. only state where a bill had the potential of passing. State has law requiring higher minimum In February, Indiana became the first U.S. Proposals in that state (SB 68 and HB 3718) wage than federal standard ($7.95 per state to join the National Council for State would increase the minimum hourly rate for Illinois hour in Ohio in 2014; $9.50 in Minnesota Authorization Reciprocity Agreements initia- workers from $8.25 to $10.65. Illinois is already one in 2016); law requires wage to be adjusted based on in ationary changes tive, or SARA. North Dakota followed suit in of four states in the Midwest with a law that requires April. a higher wage than the federal rate of $7.25 per hour. State has law requiring higher minimum wage than federal standard ($8.25 per Implemented by the nation’s four regional The federal law was last modified five years hour in Illinois and $7.40 in Michigan); law higher-education interstate compacts (includ- ago, and with little hope of congressional action, does not tie wage to in ationary changes ing the Midwestern Higher Education Compact advocates of a higher minimum wage have been States’ minimum-wage rate is the same as in this region), the agreements establish focusing more on state-level changes. the federal requirement ($7.25 per hour) interstate reciprocity in the regulation of Later this year, South Dakotans will vote on * Ohio’s higher minimum wage does not apply to postsecondary distance education. They require whether to increase the state’s minimum wage to $8.50 employers with annual sales of less than $292,000. In per hour. This higher wage would then be adjusted 2016, Minnesota’s minimum wage for small businesses approval by state legislatures; participation by (sales under $500,000) will be $7.75 per hour. institutions in each state is voluntary. annually to account for increases in the cost of living. Sources: U.S. Department of Labor and CSG Midwest research For participating institutions, SARA of- Eight years ago, Ohioans approved an increase fers multiple potential benefits. For one, it in their state’s minimum wage. Under that 2006 reduces regulatory burdens — not having to measure, inflationary adjustments are made their first 90 days on the job (this “training wage” annually. This year, for example, Ohio’s wage seek independent authorization in every state will be $7.75 per hour in 2016; it has been $4.90). requirement rose from $7.85 per hour to $7.95 to where the postsecondary school’s distance- In addition to having the Midwest’s highest account for changes in the cost of living. education courses are being offered. Secondly, minimum wage, Minnesota differs from other states Minnesota’s law also includes inflation index- in another important way: It doesn’t have a separate these institutions have a broader market (more ing, which takes effect in 2018. minimum wage for tipped employees. Instead, this students) for their online courses. Students in Legislators, too, established separate wage require- group of employees is covered under the new, higher participating states, meanwhile, could have ments for larger and smaller employers. Businesses minimum wage. access to more educational offerings. with annual gross sales of $500,000 or less must pay In contrast, Indiana, Kansas, Nebraska and South Four North Dakota institutions and two in their workers at least $7.75 starting in August 2016, Dakota set the minimum wage for tipped employees Indiana will be the first to participate in the compared to the large-employer wage of $9.50. at $2.13 an hour (the federal requirement). Tipped Midwestern State Authorization Reciprocity A different, and lower, wage requirement will employees are guaranteed $4.95 per hour in Illinois, Agreement. also apply to Minnesota workers under the age of 18 $4.35 in Iowa, $2.65 in Michigan, $4.86 in North SARA is funded by a $2.3 million grant ($7.75 per hour) and to 18- and 19-year-olds during Dakota, $3.98 in Ohio, and $2.33 in Wisconsin. from Lumina Foundation. As of early April, in addition to Indiana and North Dakota, SARA- enabling legislation had been passed in Iowa, Characteristics of U.S. workers Population estimates of minimum- wage workers in Midwest (2013) Kansas, Nebraska and South Dakota. earning minimum wage or less # of workers paid % of hourly paid workers  In 2013, close to 59 percent of the nation’s workers Online enrollment as % of total State at or below earning minimum enrollment at degree-granting were paid hourly rates (rather than salaries); among that minimum wage wage or below* postsecondary institutions (2002-2012) group of employees, 4.3 percent earned the minimum wage Illinois 96,832 3.2% 35% or less. That compares to 13.4 percent in 1979. Indiana 107,322 6.2% Iowa 49,734 5.4%  About half of the nation’s minimum-wage workers 30% Kansas 34,785 4.5% are under age 25. 25% Michigan 96,178 3.8%  About 10 percent of the nation’s hourly paid workers Minnesota 65,226 4.2% 20% without a college degree earn the minimum wage or less. Nebraska 28,917 5.1% North Dakota 7,072 3.2% 15%  Almost two-thirds of workers earning the minimum Ohio 135,464 4.1% wage or less in 2013 were employed in service occupa- 10% tions, mostly in food preparation and serving-related South Dakota 11,938 4.7% 5% jobs. Sales and related occupations accounted for 23.5 Wisconsin 91,584 5.3% percent. * Nationwide, 58.8 percent of workers are paid hourly rates (rather than on a

2002 2004 2006 2008 2010 2012 salary basis). Tipped workers can be paid less than the minimum wage. Source: U.S. Department of Labor, “Characteristics of Source: Babson Survey Research Group, “Grade Change: Tracking Source: U.S. Department of Labor, “Characteristics of Online Education in the United States” Minimum Wage Workers, 2013” Minimum Wage Workers, 2013”

4 STATELINE MIDWEST MAY 2014 FIRST PERSON QUESTION OF THE MONTH

Illinois’ law is similar to the cellphone bans in QUESTION: How many states have banned the use of handheld place in other U.S. states. Although fine amounts cellphones while driving? often vary from state to state, they always in- crease for multiple violations. Most of these 12 states have decided, too, that repeat cellphone- As of mid-April, 12 U.S. states had general statu- Distracted-driving laws in the Midwest tory bans on drivers’ use of handheld cellphones, ban offenses should result in a moving violation including Illinois in the Midwest, according to the that goes on the driver’s record. Governors Highway Safety Association. Though most U.S. states still allow for cellphone use In each of these 12 states, this traffic violation is a by drivers, nearly all of them (43) ban texting while primary offense: Law enforcement can stop a driver driving. That includes all 11 states in the Midwest, because of the cellphone use and issue a citation. the Governors Highway Safety Association reports. South Dakota legislators approved the texting- Other states have targeted bans in place. For while-driving ban this year with passage of HB 1177; example, every state in the Midwest prohibits it takes effect July 1. This traffic violation will be a cellphone use by young and novice drivers, while secondary offense in South Dakota, as it is in Iowa, Michigan and Minnesota place restrictions on Nebraska and Ohio (as of April). school-bus drivers. Some states outside the region Ban on texting and handheld cellphone Texting while driving is a primary offense in Illinois, also prohibit the use of cellphones in construction use while driving; primary o ense Indiana, Kansas, Michigan, Minnesota, North Da- or school zones. Ban on texting while driving; primary o ense kota and Wisconsin. Illinois’ general statutory ban took effect this year, after the General Assembly passed HB 1247 in 2013. Ban on handheld cellphone use; secondary o ense Article written by Tim Anderson, CSG Midwest publica- Under the new law, violators are fined $75 for a first Source: Governors Highway Safety Association tions manager. He can be reached at [email protected]. offense and must pay as much as $150 for repeat Question of the Month highlights an inquiry received Illinois face a Class A misdemeanor, which can result offenses as well as face a moving violation on their by CSG Midwest through its Information Help Line, a in fines of up to $2,500 and jail time of up to a year. driving record. Three moving violations within a research service for lawmakers, legislative staff and other Drivers involved in fatal accidents can be charged year can lead to the suspension of a driver’s license. state officials. To request assistance, please contact us at with a Class 4 felony, which carries fines of up to [email protected] or 630.925.1922. In addition, distracted drivers who harm others in $25,000 and up to three years of jail time. ’Most copied legal innovation in nation’s history’ began in Illinois

by Mike McCabe ([email protected])

hen 11-year-old Henry Campbell and his building a justice system that was better equipped “[It is] the most copied legal innovation in our parents appeared before Judge Richard to meet their needs. nation’s history,” Tanenhaus says. Over the years, WTuthill in a crowded Chicago courtroom Fueled by the efforts of activists such as Jane juvenile courts evolved in the states, with the informal on July 3, 1899, the course of juvenile justice in Addams and Julia Lathrop, the notion of establish- processes used by Tuthill and other judges gradually America took a historic turn. ing a separate court specifically empowered to giving way to a more systematic adjudication of cases. Held just two days after the effective date of a handle juvenile cases gradually gained momentum The U.S. Supreme Court first recognized the due- landmark Illinois law, the Campbell hearing was in Illinois as the 19th century drew to a close. process rights of minors in the mid-1960s, eventually the first to be held in the nation’s first juvenile court. The bill that passed in 1899 (on the last day of the extending to juveniles many of the same protections Accused of larceny by his own parents, who, legislative session) gave Illinois’ largest counties the long guaranteed to adults (the rights to legal counsel nevertheless, sought an alternative to incarcera- discretionary authority to establish juvenile courts. and to adequate notice of charges, for example, and tion for their son, Campbell was eventually sent Although traditionally recognized as the nation’s to confront and cross-examine witnesses). by Judge Tuthill to live with the boy’s grandmother — and the world’s — first juvenile-court measure, A generation later, in the 1980s, growing in New York. the law did not actually establish any concerns about juvenile violence led many states to In addition to demonstrating the new courts. Instead, it authorized adopt more-punitive measures for young offenders. flexibility afforded to judges under qualified and existing circuit courts As a result, the traditional goal of rehabilitation the state’s new Juvenile Court Act, the to empower their own judges with the gave ground to a renewed emphasis on punish- decision reflected the view of contem- responsibility to hear juvenile cases ment, with most states making it easier for violent porary reformers that rehabilitation, (meaning cases involving dependent, juveniles to be tried as adults in criminal courts. rather than punishment, should be the neglected and delinquent children More recently, according to some observers, states ultimate goal of juvenile justice. under the age of 16) in special court- have revisited their juvenile-justice strategies in an The unprecedented Illinois law First in the Midwest: rooms designated for that purpose. effort to strike a more appropriate balance among was “based on the idea that children Creation of the The results of such proceedings social goals such as public safety and rehabilitation. are qualitatively different from adults juvenile-court system were to be recorded in a separate And Tanenhaus notes that recent Supreme Court and that, therefore, the state should “Juvenile Record,” and the Illinois stat- decisions have captured some of the underlying respond differently to them,” notes ute specified that “for convenience,” ideals that gave rise to the nation’s first juvenile court. David Tanenhaus, a professor at the University of any such court could be called a “Juvenile Court.” “We periodically rediscover why we established Nevada, Las Vegas and an expert on the history Though far from perfect — for example, it juvenile courts in the first place, and we’re at a mo- of juvenile justice. came without funding and was silent regarding ment like that now,” he says.“The idea that juveniles Under the doctrine of parens patriae, a state minors’ due-process rights — the Illinois law was should be treated differently and separately from is obligated to intervene on behalf of delinquent soon widely emulated. Within 25 years, all but two adults is now a universal in the modern world.” and neglected children and to act as their guardian states had passed similar measures; by 1945, every That idea, he adds, is the enduring legacy of the or responsible authority when necessary for their state had established separate juvenile courts. Illinois experiment. protection and guidance. The Illinois pioneers were well aware of the fact Consistent with this philosophy, reformers in that they were blazing an important new trail in First in the Midwest highlights noteworthy “firsts” in state the Progressive Era believed that the best way to juvenile justice, Tanenhaus says. They worked tire- government that occurred in this region. If you have ideas from promote the rehabilitation of delinquent youths lessly, in fact, to circulate the idea to other states. your state, please contact Mike McCabe at [email protected]. was to separate them from adult offenders while Soon, too, it took root in other countries as well.

STATELINE MIDWEST MAY 2014 5 COVER STORY

CONTINUED FROM PAGE 1 Trauma-informed care, anti-bullying laws among policies being pursued by states case management systems that follow high-risk families and children throughout the state and in “Toxic stress in early life and common precipitants different care settings. The report also calls for developing standards of toxic stress ... can have a cumulative toll on an for how to respond to and care for young people who have experienced individual’s physical and mental health.” trauma; those standards Article by Megan Gunnar, University of Minnesota professor (article based on work done by would then be employed National Scientific Council on the Developing Child) across Michigan’s mental- health, human-services and juvenile-justice systems. Futures to guide her work as a legislator, including off the edge so easily because of legislation about Earlier this year, how she interacts with constituents and evaluates which we didn’t think carefully.” Wisconsin lawmakers state policy. passed a seven-bill pack- For example, after learning about childhood School-based policies to prevent age to strengthen the state’s trauma and its long-term effects, Bewley realized Rep. Janet Bewley bullying, other trauma mental health system. that out-of-school suspensions are “impractical Children with mental illness — or who have been One of the measures and cruel” in many cases. calls for new regional hubs that will coordinate “You are putting a child right into the environ- through trauma — are more likely to struggle in care for pediatric mental-health patients. Another ment that probably causes the bad behavior in the school because of the negative effects on their bill will require local public-health programs to first place,” she says. “School may be the only place developing brains. Most efforts aimed at trauma- offer in-home care to severely disturbed children, where students are receiving care, so if you send informed education have been implemented by including telehealth services that allow children them home, you are denying them the one place individual schools, but the issue has begun to to remain in a familiar environment and that help where they can be fed and taken care of.” attract the attention of states as well. prevent further trauma. Bewley points to other policies that she now Outside the Midwest, for example, the state of Meanwhile, Bewley is one of four Wisconsin sees in a new light — for example, the importance Washington has “compassionate schools,” which focus legislators working with Fostering Futures, an of the state requiring telephone companies to on students who are chronically exposed to stress initiative to increase awareness about the effects continue offering landline service, which can and trauma. Teachers and other staff receive special of adverse childhood experiences, or ACEs, around literally be a lifeline in an emergency or in a family training; discipline is handled through “restorative the state. Promoting trauma-informed care has at risk for violence. justice,” a technique that focuses on repairing harm also been a priority of Wisconsin’s first lady, “[This project] has allowed me to realize that in lieu of punishments such as detention. Tonette Walker. legislation can unintentionally cause harm we Lawmakers in Vermont, Massachusetts and Bewley uses the lessons learned from Fostering aren’t looking for,” Bewley says. “People can fall Pennsylvania are also considering measures to

Abused, neglected children much more likely to experience health problems as adults

What kind of impact does a child’s exposure to Health# of people problems in 2014 in estimatedadulthood to more lose abuse, neglect or household dysfunction have Prevalence of different adverse childhood experiences (ACEs) blikelyene ts in peoplewithout who extension have had of feder more al on his or her long-term well-being? adverse childhood experiences (ACEs) Emotional Physical Sexual Emotional Physical Emergency Unemployment Program For answers to that question, medical profes- abuse abuse abuse neglect neglect Suicide attempt Depression sionals, state policymakers and others still turn 10.6% 28.3% 20.7% 14.8% 9.9% 20% 60% to the results of a groundbreaking research 7,900 project that began in the 1990s — the Adverse Household Household Parental Household Mother 15% 65,500 45% Childhood Experiences Study. The results shed substance mental divorce/ member treated abuse illness separation in prison violently 10% 1,600 99,00030% light not only on the high number of people who 189,700 26.9% 19.4% 23.3% 4.7% 12.7% have been exposed to abuse and household 5% 15%

35,500 of or more 2 weeks dysfunction as children, but also the negative, Ever attempted suicide attempted Ever 16,700 128,600 long-lasting impact of these experiences. 0 230,50 mood in past year depressed 0% 0 # of adverse childhood experiences 0 1 2 3 4 or 0 69,3001 2 3 4 or (ACEs) reported by survey respondents more more For example, close to two-thirds of the survey # of di erent35,300 types # of di erent types respondents reported exposure to at least one of ACEs exposed to as child of ACEs exposed to as child adverse childhood experience — abuse, neglect 0 36.1% Smoking Source: Center onSevere Budget and obesity Policy Priorities or household dysfunction (see accompanying 1 26.0% 20% table). This exposure as a child, in turn, makes it 12% 2 15.9% more likely that a person will suffer from depres- 15% 9%

sion, commit suicide, use drugs and smoke, or be # of ACEs 3 9.5% severely obese as an adult. 10% 6% 4 or 12.5%

more smoker Current 5% 3% And the odds of having these physical 0% 5% 10% 15% 20% 25% 30% 35% 40% BMI of 35 or more and mental health problems as adults are % of respondents 0% 0% 0 1 2 3 4 or 0 1 2 3 4 or highest among individuals who have had more more multiple adverse childhood experiences (see collected data on ACEs among their populations, # of di erent types # of di erent types bar graphs). For example, 18 percent of survey using the Behavioral Risk Factor Surveillance of ACEs exposed to as child of ACEs exposed to as child respondents with four or more adverse child- System, a telephone survey conducted by the Alcoholism Drug use hood experiences said they had attempted to CDC. 20% 28% commit suicide, compared to 1 percent of the States in the Midwest have also launched respondents with no such experiences. 21% initiatives to help people who have experienced 15%

The groundbreaking study was done by Kaiser one or more ACEs. The Illinois Childhood 10% 14% Permanente and the U.S. Centers for Disease Trauma Coalition uses a public-health approach to trauma, integrating prevention efforts 5% 7%

Control and Prevention (they are the sources used illicit drugs Ever into state programs that serve children and self alcoholic Consider for all of the accompanying graphics). 0% 0% 0 1 2 3 4 or 0 1 2 3 4 or families. Wisconsin has created the position of more Nearly half of all states (including Illinois, Iowa, more trauma-informed care coordinator within the # of di erent types # of di erent types Minnesota, Nebraska and Wisconsin) have Department of Health Services. of ACEs exposed to as child of ACEs exposed to as child

6 STATELINE MIDWEST MAY 2014 FEATURE STORY

create schools that are more supportive of children right in the state’s capital: a Lansing teenager took Summary of ‘cyberbullying’ laws in affected by trauma. The bill in Vermont, for his own life after being tormented in school. the Midwest (as of April 2014) example, would integrate screenings for childhood Anderson says he was at first hesitant to get in trauma into health care settings. touch with the grieving family. Every state in the Midwest has taken on the “I did not want to inject myself into their sad- issue of bullying, and several new bills have been ness and what they were dealing with,” he says. But considered during this year’s legislative sessions. after waiting a bit, Anderson contacted the family. Minnesota’s HF 826/SF 783, signed into law in “I was surprised to learn they absolutely April, strengthens the state’s old law by requiring wanted to help work on some legislation.” school policies on bullying and by providing new In fact, the current law is named Matt’s Safe state support for teacher training. School Law after the young man who helped inspire the efforts to prevent future tragedies. SB The measure also includes “cyberbullying” 74 would update that law to include cyberbullying. in state statute and allows for school policies to Under the proposal, schools would be required cover the use of electronic technology and com- Bullying law includes term “cyberbullying”; to include cyberbullying in the anti-bullying schools must have bullying policies; law munications off school premises — if that use is policies they are currently required to create. The gives schools the ability to respond to seen to “disrupt student learning or the school o -campus “cyberbullying” bill also includes language that, for the first time, environment.” Bullying law does not include term “cyber- would require school districts to report incidents Legislation has also been introduced in bullying” but refers to electronic harass- of bullying to the state once a year. ment; schools must have bullying policies; Michigan (SB 74) to address concerns about Current law does not require districts to report law gives schools the ability to respond to cyberbullying. back to the state to determine whether the legisla- o -campus “cyberbullying” The bill is meant to complement legislation tion is working. Bullying law does not include term already on the books in Michigan to deal with “cyberbullying” but refers to electronic “If the state wanted to review what is going on harassment; schools must have bullying bullying. But many legislators — and the governor around the state,” Anderson says, “it would have policies; law does not clarify schools’ ability — agree that cyberbullying is a serious concern to seek the information from over 400 districts.” to respond to o -campus “cyberbullying” that needs to be addressed more forcefully. As of late April, Anderson’s bill was being Source: Cyberbullying Research Center “Spreading something about another student considered by a Senate committee. He is hopeful is so much easier and much more prevalent today that it will pass this year. because of the instant nature of social media,” Sen. “Bullying is so detrimental to [children’s] feeling “Bullying is so Glenn Anderson says. of self-worth, their interaction with other students, Anderson started working on the state’s current their success as a student, and their achievement. detrimental to a child’s bullying law about 10 years ago after learning that ... It’s very difficult to concentrate on algebra when feeling of self-worth.” a member of his staff had been a victim. And the you’re scared for your own safety and you’re being need for the legislation was amplified by a tragedy constantly harassed,” he says. Michigan Sen. Glenn Anderson

Four days of learning for the Midwest’s legislators Four days of fun for the whole family

You are invited to meet, learn from and work with fellow legislators The family-friendly Midwestern Legislative Conference Annual Meeting from the Midwest at the premier event for the region’s state leaders offers a host of events for the spouses, adult guests and children of — the Midwestern Legislative Conference Annual Meeting. attendees. This year’s meeting will be held July 13-16 in downtown Omaha. It will include a mix This year’s daytime and evening activities will be held at many of Omaha’s most of highly renowned speakers as well as policy sessions that focus on the Midwest and its popular destinations. There is no fee for the children of MLC attendees to participate. states. As always, too, the meeting will provide a forum for lawmakers to share ideas and A $150 fee covers the meals of adult guests as well as their participation in all learn new ones in a welcoming, nonpartisan environment. meeting-related activities. This year’s featured speakers include Pulitzer Prize-winning author Doris Kearns Evening activities include the Opening Night Reception at The Durham Museum (located Goodwin. Other keynote sessions will explore the future of the Midwest’s economy and at Omaha’s historic Union Station) and Family Night at Omaha’s Henry Doorly Zoo and state legislatures. Throughout the meeting, a series of small-group discussions on a wide Aquarium (home of the Desert Dome, the largest indoor desert in the world). Adult guests range of policy issues will be held to foster collaboration and information sharing will have the chance to tour Omaha’s historic Old Market district and visit the Joslyn Art among attendees and national experts in areas such as education, health care, state fiscal Museum and Lauritzen Gardens-Omaha’s Botanical Center. Children will go to the Omaha policy, economic development and agriculture. Children’s Museum, a trampoline park and the home of the College World Series.

Meeting registration can be completed at www.csgmidwest.org

STATELINE MIDWEST MAY 2014 7 STATELINE PROFILE Iowa House Speaker Kraig Paulsen In Midwest’s only state with divided legislature, leader looks back on two years filled with compromise— ­ and achievement

by Kate Tormey ([email protected])

s speaker of the Iowa House, Kraig Paulsen ation of a $20 million soil-conservation program to has helped oversee what some observers improve water quality. Through the initiative, the Bio-sketch: Speaker Paulsen Aconsider the most productive legislative state provides matching funds for research-based biennium in at least a generation. conservation practices — advanced tillage and  first elected to Iowa House in And it occurred at a time when powers are terracing, for example. 2002; now serving his sixth term and being shared by the Republican-controlled House “One of the great assets of Iowa is our land, and second as House speaker and Democrat-led Senate. we want to make sure we are doing what we can But ask him about some of his proudest ac- to maintain it,” he says.  previously served as House Judiciary complishments as a legislator — the moments Last month, CSG Midwest spoke with Paulsen Committee chair and as House minority he treasures the most — and Paulsen talks about about his policy priorities and strategies for whip and minority leader the chance to lend a helping hand to constituents. success in a divided legislature. Here are some  represents Cedar Rapids area Last summer, for example, Paulsen received excerpts from the interview.  a call from a constituent who was in danger of has a law degree from the University losing her driver’s license because of a paperwork Iowa is the only Midwestern state in which of Iowa and also has an MBA error at the state Department of Transportation. Q: legislative chambers are currently controlled by  has four children with his wife, Paulsen intervened, ensuring that the woman was different political parties. Yet the legislature has passed Cathy able to keep her job and continue going to school. a number of landmark bills. How has that worked?  attorney for a trucking firm “Those are stories that stick out in my mind,” We have a Republican-led House and a he says, “being able to help out individual Iowans A: Democrat-led Senate. If I had my personal  2004 graduate of CSG Midwest’s and make their state government work for them.” preference, I would probably rather work with a Bowhay Institute for Legislative State government, Paulsen says, is where the Republican Senate; but that is not my decision, Leadership Development (BILLD) “rubber meets the road” — where important that is Iowa’s decision. This is the decision that aspects of people’s everyday lives are handled and was made, and now it is our job to go to work. We had a property-tax system that was some of the country’s most important policy issues That is the attitude that all of our principals showed much more burdensome than in some are decided. up with last year. A: other states, and we were able to address that in a Since first being elected in 2002, to a seat I also think that if there is anything good com- significant reform-and-relief bill that was actually representing parts of Cedar Rapids and surround- ing out of Washington, D.C. — and, admittedly, ing communities in eastern Iowa, he has made the you have to look pretty hard to find it — it is the the largest tax cut in the history of Iowa. most of the opportunity to make a difference inside number of people [here] who say, “We don’t want We had the third-highest commercial property and outside the state Capitol. to be like them.” Our members recognize that taxes and the 16th-highest residential property Paulsen was assigned to the Ways and Means and challenge the leaders to figure out how to taxes in the nation, and we deemed that to be Committee in his first year as a legislator, and tax get things done and move the state forward. That unacceptable. So we did several different things. policy has ever since been a policy priority for him. creates a formula to only do successful things. First, we are now fully funding property-tax credits As speaker, Paulsen led the House through debate This was my 11th session, and it was the most for homesteads and veterans in an effort to bring and eventual passage in 2013 of a landmark package productive session I have ever been involved with. down some residential property taxes. of property-tax reforms — the largest tax cut in the ... That is something to be excited about. As I go We also [addressed] property classified as either history of the state, he says. He’s also interested in out and about the state, Iowans are clearly pleased commercial or industrial, and are rolling back taxable making reforms to the state’s income-tax system to with our work last year. assessments over the next handful of years so the tax- make it “more competitive” with surrounding states. As a leader, I try to match up issues with people able value [on commercial and industrial properties] is Last year, too, state leaders hammered out a who have an interest in them. That begins with lower. We have also created a commercial property-tax compromise on how to implement the federal committee assignments and, subsequently, bill assign- credit whereby each commercial property parcel can apply for a tax credit, regardless of valuation, and this ramps up over the next couple of years. And the “Our members challenge the leaders to other part of the two-pronged approach has to do with figure out how to get things done and bringing the valuation [of properties] down. move the state forward.” You are particularly proud of a recently created Q: initiative that returns unused tax revenue to Iowans. How does it work? Affordable Care Act’s Medicaid provision. Iowa ments. Then, I plug them in with other people who When the state collects more in tax receipts extended coverage for low-income residents, but can add value and figure out how to get that subject A: in a fiscal year than projected, and more than with a twist on traditional Medicaid expansion. matter through the legislative process. was needed, [the excess funds] go into the Taxpayer The state received a federal waiver to purchase If you put the right people around the table that Trust Fund. In the following year, that money is managed-care plans for enrollees. The program are committed to try and resolve issues, we have refunded back to Iowans on their income-tax forms. includes incentives for enrollees to monitor their found that’s a pretty decent formula. There is nothing For one thing, it recognizes whose money it is. It’s health. magical about it — it’s just a commitment to getting not the state’s money. It is Iowans’ money. The other “[I am proud] that we were able to do that in a things done for Iowans. thing is, if we can clearly operate state government bipartisan fashion,” he says, “and that the program on something less than what the state brought in — also now includes some level of responsibility Last year, Iowa passed property-tax reforms effectively because of an “overpayment” — then we for recipients to do everything they can to be as Q: that garnered attention from around the ought to send it back to the taxpayers. healthy as possible.” region. What were the concerns about the old system, It is capped at $60 million a year, and our hope is The productive biennium also included cre- and how did the reforms address them? to raise that cap over time. But it’s a great start.

8 STATELINE MIDWEST MAY 2014 FIRST PERSON A FORUM FOR LEGISLATORS AND CONSTITUTIONAL OFFICERS Learning a new language Minnesota legislation reflects education model that views English learners’ native tongue as asset rather than barrier to achievement by Minnesota Sen. Patricia Torres Ray ([email protected])

s my older son was finishing his senior year home language as an educative tool. A Columbia High school graduation rates for Limited in high school, we looked at his yearbook University study found that the erasure of the English Pro cient students in Midw est, and I noticed a significant number of girls home language through English-only school A 2010-11 (rate for all students) who were pictured in the book with their babies. practices reinforces the deficit view that families All except one were Latina students. and their children need to be linguistically “fixed” These young mothers were among the lucky 34 per- 61% or “repaired” before they can succeed academically (86%) cent of Latino students who managed to stay in school 52% in the United States. (77%) long enough to graduate that year in Minneapolis. Sadly, 82% 66% (87%) so many other girls were not in the yearbook photos (83%) 62% Bill tailored to meet diverse needs because they had dropped out of school, and many are 70% (74%) 52% F 2611, the bill we introduced in English Language Learners — people who are learning (88%) 53% (86%) 68% 73% Minnesota, recognizes native- and English- English in addition to their own native language. (80%) (84%) (86%) language development as well as the academic Educating our ELL students is an urgent matter. 70% S needs of diverse English learners, from young According to the Minnesota Department of Education, (83%) children to adults. The bill: there were 65,689 such students in Minnesota for the Source: U.S. Department of Education • encourages school districts to teach reading 2012-13 school year, with Spanish-speaking students and writing in students’ native language and making up the largest segment (39 percent) of the group. English at the same time; And the Minnesota State Demographic Center projects students (many of whom were never ELLs). • requires all teacher candidates to have prepa- the numbers of Latino, black and Asian Minnesotans to According to Kathy Christie, vice president ration to effectively teach ELLs in their classroom; more than double over the next 30 years. for education management with the Education • adds emphasis on ELL instruction strategies The challenge for our state is that the growing Commission of the States, “The network schools and on academic success and literacy to staff number of ELL students is accompanied by alarming follow a number of principles for the effective development activities, plans and outcomes; academic statistics. For the past 10 years in Minnesota, education of English-language learners: • adds academic literacy and achievement of these students have consistently graduated from high • create educational programs that emphasize high school at significantly lower rates than non-ELL stu- expectations, coupled with effective support systems; content area for ELLs to the teacher-evaluation law; and dents, with only 51 percent of ELLs graduating in 2012. • view students’ native languages and cultures • requires parent-involvement program goals In addition, reading, math and science test scores as resources to the student, classroom, community and plans to include native- and English-language for ELL students have been dramatically lower than and society; development and ensure a culturally competent the scores of Minnesota students as a whole. • support the further development of students’ and multilingual approach in outreach and The needs and challenges confronting our ELL native languages both inside and outside of the interaction with parents. students are not just an urban issue — rural and classroom; The effort to review the way we educate our suburban communities are impacted, too. In the • design a professional development program English Language Learners has garnered biparti- rural town of Worthington, the Latino student for all faculty members that specifically addresses san support. For this I am hopeful and grateful, population accounts for almost half of all students. the needs of ELL students; but the challenges ahead are significant. In suburban Bloomington, more than one of every • integrate professional development into the In the past 10 years, the high school graduation five elementary students are ELLs. fabric of the school week to enable teachers to rate for Latinos in Minnesota has increased by almost According to a recent story on Minnesota Public reflect and plan collaboratively on how to include 30 percent. This is not nearly good enough, however: Radio: “In recent years, the Twin Cities’ suburbs and English-language learners; In 2012, only 53 percent of our Latino children communities in rural Minnesota have seen much of • involve families as educational partners; and graduated from high school. This trend extends to the growth in the number of students who are new to • incorporate language development into all our Hmong, Somali and other ELL children too. the language. The Willmar district started its newcomer content areas.” It is imperative that together we say that while class a few years ago, doubling its size in the last decade.” Many of the best practices and the principles our progress in closing the opportunity gap is underlying the Internationals Network for Public moving in the right direction, our pace is not Seeking strategies for improvement Schools are also employed by the St. Paul school dis- fast enough. We must tap into every resource we trict. That district was listed by the U.S. Department have to move faster. The native languages that our I represent a city (Minneapolis) with the largest number English learners bring to schools are major assets of ELL students in my state, and in 2006, I became the first of Education as having made among the best gains of the Great City Schools districts in closing the achieve- to preserve and value their heritages, and to help Latina immigrant elected to the Minnesota Senate. One of these students achieve academic success. my top responsibilities today as the chair of the Education ment gap between ELL and non-ELL students. Policy Committee is to seek more-effective strategies to In 1999, the St. Paul district moved away from Minnesota Sen. Patricia Torres Ray, a Democrat from improve academic outcomes for these students. the “pull-out” model for ELL services (where Minneapolis, was first elected in 2006. At the heart of a bill (SF 2611) proposed this students are pulled out of classes and the focus is year is the research-supported tenet that our solely on students’ English language proficiency) bilingual children’s native, non-English languages and implemented a Language Academy model. are phenomenal assets — not deficits — which we Under this model, students interact with both Submissions welcome must build upon to expand their education. native English-speaking peers and fellow English This page is designed to be a forum for legislators and One model that could guide state policy is provided learners. Students develop English proficiency constitutional officers. The opinions expressed on this page by the Internationals Network for Public Schools. through studying content areas. They are taught by do not reflect those of The Council of State Governments or According to a study by the City University of New both a licensed ESL (English as a second language) the Midwestern Legislative Conference. Responses to any teacher and a licensed content-area teacher. York, Spanish-speaking students attending schools in FirstPerson article are welcome, as are pieces written on that network graduate at a far higher rate than Hispanic Through the program, students are fully integrated other topics. For more information, contact Tim Anderson students in the general citywide population — 87 into the school community. percent vs. 59.9 percent of all New York City’s Hispanic A great deal of research shows the value of the at 630.925.1922 or [email protected].

STATELINE MIDWEST MAY 2014 9 CSG MIDWEST NEWSNEWS & EVENTSEVENTS

Family-friendly MLC meeting offers unique 33 state legislators chance for legislators to learn, collaborate chosen as 2014 4-day event provides diverse mix of sessions for attendees, activities for their guests BILLD Fellows

n July 13-16, lawmakers from across the agenda are available at www.csgmidwest.org. hirty-three legislators from 11 Midwestern Midwest will gather in Nebraska’s largest Legislators with questions about the meeting can states have been selected to attend the Ocity for the only annual event designed call CSG Midwest (which provides staffing services T2014 Bowhay Institute for Legislative exclusively for them. to the MLC and its meeting) at 630.925.1922. Leadership Development. The Midwestern Legislative Conference Annual Nebraska Sen. Beau McCoy, chair of the MLC, The BILLD Steering Committee, made Meeting has been providing a forum for the is leading the work of this year’s host state in up of lawmakers from 11 Midwestern states, interstate exchange of ideas for nearly 70 years. planning the event. awarded the fellowships in late April. The It provides legislators with the unique chance to The MLC is a nonpartisan association of legisla- bipartisan committee is led by co-chairs learn from national policy experts, listen to highly tors from 11 Midwestern states: Illinois, Indiana, Indiana Rep. Ed Clere and Ohio Sen. Cliff Hite. renowned speakers, and collaborate with peers Iowa, Kansas, Michigan, Minnesota, Nebraska, North Started in 1994, BILLD has become a from the region. Dakota, Ohio, South Dakota and Wisconsin. It also signature program of the Midwestern Legislative This year’s meeting in Omaha will include a counts four Canadian provinces as affiliate members: Conference. More than 600 legislators have par- special presentation from Pulitzer Prize-winning Alberta, Manitoba, Ontario and Saskatchewan. ticipated in this renowned leadership program. author Doris Kearns Goodwin. Below is a list of the 2014 class, as chosen by It will also feature a keynote session on the the BILLD Steering Committee. Midwest’s economic and demographic future; a • Illinois — Rep. Laura Fine, Sen. Sam preview of upcoming state and federal elections; McCann and Rep. Elgie Sims and various sessions that explore fiscal, education • Indiana — Sen. Pete Miller, Rep. Robin and health policies in the states. Shackleford and Rep. Dennis Zent Throughout the four-day meeting, too, • Iowa — Sen. Chris Brase, Rep. Jarad activities have been planned for the children and Klein and Rep. Rob Taylor adult guests of MLC meeting attendees, as well as • Kansas — Rep. Susan Concannon, evening events in Omaha for everyone. Rep. Ramon Gonzalez and Rep. Ronald A $425 registration fee ($375 for first-time Ryckman Sr. attendees) covers meals and participation in the • Michigan — Rep. Gretchen Driskell and various events scheduled around the four-day MLC Rep. Rob VerHeulen Annual Meeting. A $50 late fee will be assessed for • Minnesota — Sen. Foung Hawj, Sen. registrations received after June 6. Vicki Jensen and Rep. Ronald Kresha A separate fee of $150 for spouses and other How to register • Nebraska — Sen. Rick Kolowski, Sen. John adult guests is required; there is no fee for the √ Visit www.csgmidwest.org for online forms; regis- Murante and Sen. Dan Watermeier children of attendees (under the age of 18). The tration deadline is June 6 (registrations received • North Dakota — Sen. Tom Campbell, meeting is being held at the Hilton Omaha; at- after that date will be assessed a $50 late fee) Rep. Kylie Oversen and Rep. Peter tendees must make their own room reservations. Silbernagel Registration materials and a preliminary Policy sessions • Ohio — Rep. Kevin Boyce, Rep. John Patterson and Rep. John Rogers √ A series of sessions hosted by MLC committees on Featured MLC meeting speakers • South Dakota — Rep. Paula Hawks, agriculture, natural resources, economic develop- Rep. Timothy Johns, Sen. Ernest Otten ment, education, health care and Midwest-Canada and Rep. Scott Parsley relations • Wisconsin — Rep. Amy Loudenbeck, √ A professional development workshop on Rep. Adam Neylon and Rep. Melissa “Mental Toughness for the Legislative Environment” Sargent √ Sessions on institutional challenges and op- Four Canadian provincial legislators will portunities for state legislatures, state fiscal policy take part in this year’s program. They include and the future of the Midwest’s economy Everett McDonald from Alberta, Wayne Doris Kearns Joel Kotkin, Ewasko from Manitoba and Warren Steinley Goodwin, Pulitzer leading expert on Special events for attendees, guests from Saskatchewan. Ontario’s 2014 BILLD Prize-winning author economic trends participant was not yet known as of April. √ Opening Night Reception at The Durham Museum, Family Night at the Henry Doorly Zoo and Aquarium, and the traditional State Dinner Co-chairs of the BILLD Steering Committee √ For the adult guests of attendees, trips to Omaha’s Old Market District, Joslyn Art Museum and Lauritzen Gardens-Omaha Botanical Center √ For the children of attendees, a day trip to the zoo, a tour of the home of the College World Series, Jennifer Duffy, senior Gary Moncrief, and visits to the Omaha Children’s Museum and a editor of The Cook author of “Why trampoline park Political Report States Matter” Indiana Rep. Ed Clere Ohio Sen. Cliff Hite

The Council of State Governments was founded in 1933 as a national, nonpartisan organization to assist and advance state government. The headquarters office, in Lexington, Ky., is responsible for a variety of national programs and services, including research, reference publications, innovations transfer, suggested state legislation and interstate consulting services. The Midwestern Office supports several groups of state officials, including the Midwestern Legislative Conference, an association of all legislators in 11 states: Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Nebraska, North Dakota, Ohio, South Dakota and Wisconsin. The Canadian provinces of Alberta, Manitoba, Ontario and Saskatchewan are MLC affiliate members.

10 STATELINE MIDWEST MAY 2014 CSG Midwest’s Under the Dome initiative brings customized training to legislators Recent events in Nebraska and Illinois focus on entrepreneurship and water policy

SG Midwest’s commitment to providing customized training to state legislators inside Under the Dome training sessions Ctheir capitols continued in April with two held in the Midwest’s capitols different workshops held in Nebraska and Illinois. • State entrepreneurship policy ~ Nebraska The Under the Dome initiative began two years ago under the leadership of the Midwestern • State budget policy ~ Illinois Legislative Conference. (CSG Midwest provides staff- • Medicaid expansion ~ South Dakota CALENDAR ing services to the MLC, a nonpartisan association of • Legislative civility ~ Nebraska and Ohio all legislators in the 11-state region.) • Great Lakes and water policy ~ Illinois, On April 2, close to 50 people — a mix of Nebraska Michigan and Minnesota UPCOMING MIDWESTERN LEGISLATIVE state senators, legislative staff and executive branch CONFERENCE AND COUNCIL OF STATE officials — took part in a two-hour Under the Dome GOVERNMENTS EVENTS session on entrepreneurship. Through a mix of speakers and discussion, state leaders explored the 69TH ANNUAL MEETING OF THE importance of entrepreneurship to economic growth MIDWESTERN LEGISLATIVE as well as policy strategies to promote it. CONFERENCE The event was held in conjunction with the July 13-16, 2014 Kauffman Foundation, The Council of State Omaha, Nebraska Governments and the state’s legislative leaders: Senate Minority Leader Christine Radogno, House Speaker Greg Adams and Sen. John Wightman. Speaker Michael Madigan and House Minority Leader Contact: Gail Meyer ([email protected]) Nebraska Sens. Heath Mello and Beau McCoy, chair of Jim Durkin). Illinois Rep. Robyn Gabel and Sen. Pam 630.925.1922 the MLC, also helped organize and publicize the event. Althoff also helped organize the workshop. Funding www.csgmidwest.org On April 29, an Under the Dome workshop on from the Joyce Foundation and CSG’s 21st Century the Great Lakes and water policy was held for Illinois Foundation made the workshop possible. GREAT LAKES LEGISLATIVE legislators inside their state Capitol. Participants Since it began, Under the Dome has delivered CAUCUS MEETING examined policies to improve wastewater and storm- a range of programming on professional develop- July 24-25, 2014 water management as well as ideas to prevent the ment and public policy. CSG Midwest is seeking Québec City, Québec introduction and spread of aquatic invasive species. input from the region’s state legislators for future The event was presented by CSG Midwest, its workshops. Contact: Lisa Janairo ([email protected]) Great Lakes Legislative Caucus and Illinois’ four Please contact Mike McCabe at 630.925.1922 920.458.5910 legislative leaders (Senate President John Cullerton, or [email protected]. www.greatlakeslegislators.org

Under the Dome Under the Dome 20TH ANNUAL BOWHAY INSTITUTE FOR LEGISLATIVE in Lincoln, Neb. in Springfield, Ill. LEADERSHIP DEVELOPMENT (BILLD) August 8-12, 2014 Madison, Wisconsin Application deadline has passed

Contact: Laura Tomaka ([email protected]) 630.925.1922 www.csgmidwest.org

CSG NATIONAL CONFERENCE August 9-13, 2014 The April 2 workshop in Nebraska’s state The April 29 workshop in Illinois’ state Anchorage, Alaska Capitol focused on entrepreneurship Capitol focused on Great Lakes protection and entrepreneurship policy. It featured and water policy, with presentations on Contact: Kelley Arnold ([email protected]) presentations from experts at the Kauffman invasive species prevention and improved 800.800.1910 Foundation and The Pew Charitable Trusts. wastewater and stormwater management. www.csg.org

HENRY TOLL FELLOWSHIP PROGRAM September 5-10, 2014 Lexington, Kentucky Caucus urges more action to stop Asian carp Application deadline: May 21

hirty state legislators from across the Great The Army Corps has laid out a series of options Contact: Kelley Arnold ([email protected]) for closing a pathway (the Chicago Area Waterway 800.800.1910 Lakes basin have signed on to a letter urging www.csg.org/LeadershipCenter/TollFellows.aspx Tthe U.S. Army Corps of Engineers to follow System) that could allow Asian carp to enter the up its recent Great Lakes and Mississippi River Great Lakes. However, the federal agency has not Interbasin Study by identifying a preferred option recommended which option to pursue. to prevent the spread of Asian carp and other In the letter, the legislators also say, “It is very invasive species between the two water systems. important for any long-term solutions to be The letter was initiated by the Great Lakes developed in close consultation and collaboration Legislative Caucus, a nonpartisan group of legislators with the region’s stakeholders, including the from the states and provinces of the Great Lakes basin. state legislatures.” The full letter can be read at CSG Midwest provides staffing services to the caucus. www.greatlakeslegislators.org.

STATELINE MIDWEST MAY 2014 11 CAPITOL Illinois Dakota North with trust levels ashigh77percent in widely dependingonwhere theylive — Residents’ trust instate government varies trust state government in how muchresidents Wide variations seen in theflipside,On trust levels were below average cent) and Ohio Minnesota Indiana Midwest hadtrust levels above that average: Dakota,addition to five North states inthe amount” oftrust instate government. In spondents say they had a “great deal” or “fair The average U.S. state had58percent ofre office.) prison timefor crimescommitted whilein of corruption. (The lasttwo governors served says,Gallup ofthestate’s areflection history points lower thaninany otherU.S. state, Trust levels inIllinoiswere 12percentage pears to bethehealthofstates’ economies. levels tend to behigher. ap Another factor results: In smaller-populated states, trust The results from theMidwest mirror national in2013. conducted terviews The state-by-state results were based on in

NONPROFIT Kansas ORGANIZATION (54percent) and , according to arecent poll. Gallup (68percent), (56percent), U.S. POSTAGE PAID Dakota South (62percent), DOWNERS GROVE, IL and aslow as28percent in PERMIT NO. 111 Wisconsin

Stateline Michigan Iowa (74percent). Nebraska (67percent), (57percent). (54percent), (73per

Midwest CLIPS - - - May 2014 - The Council of State Governments before delegating hisorherparental powers. get permissionfrom judge ajuvenile court Ohio. SB311would require aparent to first legislationSimilar hasbeenintroduced in investigateformed to further theissue. A legislative committee, meanwhile, willbe of achildmustseekpermissionfrom ajudge. tion, adoptive parents seeking the transfer tion orany othercustody transfers. Inaddi it isnow achildfor illegalto adop advertise Under thenew Wisconsin law, sent to a home with sexually abusive parents. Wisconsin, andin was9-year-old transferred to apedophilein to unauthorized individuals. For example, a transferred from theirlegaladoptive parents states’laws andtheproblem ofchildren being Reuters islative afew came months after a action AB 581was signedinto law inApril. The leg sometimesreferredpractice to as “re-homing.” measurein-the-nation that cracks down ona Wisconsin were beingplaced inthecare ofabusive adults, In response that to adopted reports children of adopted children on ‘re-homing’down Ohio,crack Wisconsin Midwestern Office physical custody. of thestate for thepurposeoftransferring to bringachildinto orsendthechildout Ohio The same measure would also make it a crime 701 E. 22nd Street, Suite 110 investigation uncovered loopholes in Lombard, IL 60148-5095 legislators have adopted a first- Phone: 630.925.1922 Fax: 630.925.1930 Ohio E-mail: [email protected] , agirlfrom Haitiwas www.csgmidwest.org Reuters CHANGE SERVICE REQUESTED reports, - - - in 11different states, including The findingswere basedonresults from sites disorder.identified with autism spectrum 68 children (and1in42boys) have been Control andPrevention estimated that 1in Earlier thisyear, theU.S. Centers for Disease be exempt from thenewmandates. andNebraska,Kansas somehealthplanswill speech and occupational therapy. In both treatments for children withautisminclude among the covered common Other services. bill, too, itincludesappliedbehavior analysis dren upto theageof12.Like theNebraska the ageof21.Kansas’ HB2744covers chil The new mandate covers individuals up to treatment, suchasappliedbehavior analysis. to 25hoursperweek for behavioral health mustnow becovered,services includingup Under Nebraska’s LB254,awiderange of have notadopted autisminsurance reform. Dakota now lists The organization advocacy Autism Speaks support. and result of legislative measures in of autismcontinued to risein2014,asthe insurers to cover thediagnosisandtreatment The numberofMidwestern states requiring autism coverage requireNebraska New laws inKansas, Kansas astheonlystates intheregion that Ohio that passedwithoverwhelming , North Dakota North Wisconsin and Nebraska

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law, placed Minnesota onthecon restrictions GenerationNext Energy Act. Underthat 2007 lawsuit and its againstneighboringMinnesota judge inApril. The decisionwas handeddown by afederal tion oftheU.S. Commerce Clause. have beenruled anunconstitutional viola designed to dioxide limitcarbon emissions of a 7-year-old Key parts Minnesota energy law in legaldispute over Dakota prevailsNorth terms.” willappealthedecision. Minnesota out-of-state businessaccording to Minnesota’s is that “out-of-state their mustconduct parties region, ofthelaw shesaid, effect thepractical occurs across multiplestateselectricity inthe thebuying,Because sellingandtransmission of grid.”ture oftheelectricity was inconsistent withthe na “boundary-less lawU.S. judgesaidtheMinnesota Court District Dakota. from Inherruling, North electricity the — for instance, Minnesota’s useofcoal-based fromplaced on energy other states imports The legaldispute centered ontherestrictions make themcleanerandmore efficient. be offset by changes at older power plants that requires dioxide thecarbon emissionsfrom itto For example, ofanewplant theconstruction fromtricity out-of-state, coal-fired facilities. ofelec and sought to limit the importation ofnewfossil fuel-firedstruction power plants North Dakota North Minnesota brought the law law

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