Mystery Man Legislative Lawyer and Literary Lion

SAVING MONEY BY CONNECTING VETERANS WITH THEIR BENEFITS PAGE 5 April 2012

INSIDE:

Troops Are Coming Home

Tweeting the Election

Chronic Cost of Diabetes AMERICA’S BEVERAGE COMPANIES ARE DELIVERING. From sodas, juices and teas to waters and sports drinks, we’re making it easier to choose what’s right for you. By introducing more low- and no-calorie beverages, we’ve reduced the average calories per serving by 23% since 1998. Our packaging now has clear calorie labels so you know exactly what you’re choosing. And in schools, we’ve replaced full-calorie soft drinks with lower-calorie and smaller-portion options. Learn more at DeliveringChoices.org STATE LEGISLATURES | 04 .2012 VOL 38 N o- 4| CONTENTS APRIL mbly sse ral a ral e n e g is no i ll i l/ e nag ss u o by r t pho

Features

12 Mystery Man 28 TWEETING the Election By Carol Knowles By Meagan Dorsch Illinois’ David Ellis is a rare combination of legislative Facebook, Twitter and other social media sites could be a lawyer and literary lion. powerful force in the 2012 elections.

20 Coming Home 31 Chronic Cost of Diabetes By James B. Reed By Katherine Mason Troops returning from overseas and veterans are getting Effectively treating this epidemic could mean big savings a hand from states in finding jobs, justice and the support for states and healthier lives for patients. they deserve.

26 EASING THE PATH TO COLLEGE By Michelle Camacho Liu State lawmakers are trying to help vets heading back to school. 4 | CONTENTS | 04.2012 STATE LEGISLATURES Executive Director VOICES DEPARTMENTS SL ONLINE William T. Pound Editor Karen Hansen

16 A Federalist’s Dilemma 5 STATESTATS Visit www.ncsl.org/magazine Managing Editor Three cases before the U.S. States can save money by connecting this month for: Edward P. Smith Supreme Court illustrate the veterans with their health benefits. Associate Editor Julie Lays frequent conflicts between Learn more about state legislative ◆ Copy Editor supporting states’ rights and 6 PEOPLE & POLITICS efforts to deal with the diabetes epidemic. Leann Stelzer backing certain policies. Contributors Erica Chavez 7 TRENDS AND TRANSITIONS Visit the homepage for NCSL’s Task Pam Greenberg ◆ Shannon McNamara 33 For the Record Easy English ballots, iPads in Force on Military and Veterans’ Affairs. Laura Tobler Rich Williams Charmaine Yoest of Americans the chambers, human trafficking Art Director United for Life talks about efforts to crackdown and a population decline ◆ Listen to a U.S. Department of Bruce Holdeman promote the pro life perspective in in the territories. Defense official talk about working with Advertising Sales Manager LeAnn Hoff legislatures. the states to improve the quality of life (303) 364-7700 ...... 10 STATELINE for service members and veterans. NCSL OFFICERS President news and happenings from around Senator Stephen Morris, Kansas

the nation—from car perks to Read more on the role of social media President Elect ◆ Representative Terie Norelli, unfilled jobs. in campaigns. New Hampshire

Vice President Senator Bruce Starr, Oregon 35 AS THEY SEE IT Staff Chair Quotes and cartoons from the states. Michael Adams, Virginia

Staff Vice Chair Patsy Spaw, Texas

THEN & NOW Immediate Past President Senator Richard Moore, Massachusetts 25 Years Ago Did you know … Whose CAPITOL Is it? Immediate Past Staff Chair Tim Rice, Illinois ...... The walls of the main vestibule of Denver Office 7700 East First Place the Mississippi Capitol are covered Denver, Colorado 80230 with marble—Black Belgian and blue (303) 364-7700 Washington, D.C. Office 444 North Capitol Street, N.W. Suite 515 Washington, D.C. 20001 (202) 624-5400

Website www.ncsl.org/magazine ...... State Legislatures (ISSN 0147- 0641), the national magazine of policy and politics, is published monthly by the National Conference of State Legislatures except July/August and October/November, which are combined. Postmaster: Articles from the April 1987 issue of Send address changes to: State Legislatures, 7700 East First State Legislatures: Place, Denver, CO 80230.

LEARNING JAPANESE STYLE Opinions expressed in this “Japan’s students score higher on magazine do not necessarily reflect the policy of NCSL. tests, but American students get a Go to www.ncsl.org/bookstore/ to better college education. Officials are subscribe. United States—$49 per year; foreign—$55. Teachers only studying each other’s systems to find Vermont. The rotunda contains Italian $25 (enter promo code SLMTEA). Single copy: $6.50. out why.” white marble and jet black marble Letters to the Editor may be from New York. There are 11 kinds mailed to the Denver office or sent by e-mail to: edward. NEW FEDERAL LAW EXPANDS of marble in Mississippi’s Capitol, [email protected]. Send requests for permission to reprint to MEDICAID COVERAGE dubbed the “million dollar Capitol.” Edward Smith in Denver. Send subscriptions and changes of “The new law will allow states to Taxpayers didn’t even have to pay for address to the Denver office Attn: Marketing Department. extend Medicaid coverage to some of its construction—The Illinois Central Periodically, NCSL rents mailing the currently ineligible poor.” Railroad did. It owed Mississippi labels to outside organizations. If you prefer your name not be used, back taxes that, along with the legal To find out, go to: www.ncsl.org/magazine please send a written request. TAXING THE POOR settlement, came to more than a million State Legislatures is indexed in the PAIS Bulletin and Expanded “One of the aims of federal tax dollars. Academic Index. It is also available in microform and reform was to lower taxes on the poor. —From “A Celebration of State electronically through University Microfilms Inc. (UMI) at Should states pursue the same goal?” Capitols,” by Richard R. Gibson (800) 521-0600. 04 .2012 | STATESTATS | 5 STATE LEGISLATURES Veterans’ Health Benefits Can Benefit States ashington state is saving millions of dollars by steering low-income veterans, active duty service What is PARIS? members and their families away from Medicaid and into veteran and military health care programs, ◆ The Public Assistance which, unlike Medicaid, are funded entirely by the federal government. Often it’s just a matter of Reporting Information System educating them on these benefits. is a federal database on The state’s Veterans Benefit Enhancement Program uses federal data from PARIS (Public recipients of public assistance. Assistance Reporting Information System) to identify Medicaid beneficiaries (especially veterans ◆ It allows states to share Wreceiving costly long-term care) who may qualify for various VA and military health coverage benefits, including information across statelines. long-term care and prescription drugs. Once the veterans and their families are identified, they are referred to the ◆ States have been required to Washington Department of Veteran Affairs, a partner in the program, to get connected with appropriate health services. contribute data to PARIS since In 2011, the state saved $5.7 million in Medicaid costs, and a total of $21 million since the start of the program in 2003. 2009. “Average active duty salaries for new soldiers are low enough that their children and families can qualify for ◆ using Social Security num- Medicaid or CHIP, especially in Washington where our eligibility level for kids is 300 percent above the federal bers, states can track if Medic- poverty guidelines,” says Bill Allman, project analyst for the program. Twenty-seven states have eligibility levels aid beneficiaries are receiving over 200 percent of poverty for children. duplicate services in other states Currently, at least four other states—California, Connecticut, Kansas and Texas—are in the process of or other federal benefits. establishing similar programs. —Erica Chavez and Laura Tobler

Washington Saves Millions The Number of Veterans Directed to VA in Medical Costs Health, TRICARE or CHAMPVA TRICARE covers military retirees, active duty military personnel and Department of Defense civilian employees. CHAMPVA covers dependants of military personnel who are totally and permanently disabled, or were killed in action.

TRICARE or CHAMPVA

VA Health

CORRECTION: A map published on page 5 in the March issue of State Legislatures contained incorrect minimum wages for eight states. The correct figures are: Arizona, $7.65; Colorado, $7.64; Florida, $7.67; Montana, $7.65; Ohio, $7.70; Oregon, $8.80; Vermont, $8.46; and Washington, $9.04.

Sources: Veteran’s Benefit Enhance Program and Washington State Health Care Authority, 2011. 6 | PEOPLE & POLITICS | 04 .2012

SUSAN CLARKE SCHAAR, CLERK OF THE VIRGINIA SENATE in power,” Grove said. But for now, at least, it seems voters SINCE 1990, was honored for her years of outstanding public want their lawmakers at the Capitol fulltime. A recent Field poll service by the L. Douglas Wilder School of Government and indicated that 45 percent of voters oppose Grove’s idea, while 39 Public Affairs at Virginia Commonwealth percent favor it. And a group called Californians University. The school recognizes for an Effective Legislature want to know if Grove exceptional individuals who are an will put her money where her mouth is. They’ve inspiration to others through their asked her to return her salary and the per diem contributions to the state with the Excellence payments she’s received as a legislator, totaling in Virginia Government Awards. Schaar more than $100,000. No word on the request from received the Lifetime Achievement Award, Grove. and is “nationally recognized for her state government experience and leadership FORMER NEVADA SENATOR BILL RAGGIO WAS ability.” In the Senate, she is responsible REMEMBERED as the Lion of the Legislature, for the parliamentary process, management an icon of Nevada history and a respected and operation of the chamber. She has statesman who valued compromise above been appointed to six state commissions partisan politics. Raggio served in the Nevada by governors from both parties and served as Senate for 38 years—28 of them as Republican staff chair of the National Conference of State leader—before he resigned in 2011. He died in Legislatures from 2005 to 2006. February while on a vacation in Australia. He was 85. The Nevada Senate honored Raggio SOUTH DAKOTA LAWMAKERS AGREED TO in 2011 by electing him to the Senate Hall of SEND THE VOTERS a proposed constitutional Fame. Raggio had recently published “A Man amendment for the November ballot requiring a of His Word,” a book about his life. “Besides balanced budget. Senate Republican Leader Russ his brilliant intellect and remarkable political Olson said the measure is necessary because skills, the thing I’ve thought about is the last year a financial rating agency remarkable humanity that was the essence of believed the state’s constitution his character,” said former Senator Randolph did not clearly require a balanced Townsend, who served with Raggio for 28 years. budget. “We have a long tradition in “One of the great lights in the world of Nevada South Dakota of a balanced budget,” politics has gone out,” Governor Brian Sandoval Olson said. “It cements our hard said of Raggio’s death and ordered the state flag to working South Dakota values into the be flown at half staff during the funeral. “If there constitution.” was a Mount Rushmore of Nevada politics, Bill Raggio’s image would forever be carved there,” A FRESHMAN LAWMAKER WANTS Sandoval said. TO MAKE THE CALIFORNIA LEGISLATURE part-time and cut REPRESENTATIVE BILL DEWEESE (D), A legislators’ salaries from $95,000 to 35-YEAR VETERAN OF THE PENNSYLVANIA $1,500 a month. Assemblywoman HOUSE and former speaker, was convicted in Shannon Grove (R) is one of the February on felony counts of conspiracy, conflict organizers of a proposed constitutional of interest and three counts of theft. DeWeese’s amendment to limit sessions to 30 conviction is part of a five-year investigation days each January and 60 days beginning each May and to slash of political corruption in the so-called Bonus Gate case that salaries. Sessions would be devoted to budget issues in odd has seen 11 other Democrats and nine Republicans, including numbered years. Supporters got approval to circulate petitions to former Speaker John Perzel, either convicted or pleading qualify for the ballot in late February and have 150 days to collect guilty. DeWeese proclaimed his innocence and went from the 807, 615 signatures. “Since switching to a full-time body in the court room to the House chamber and has vowed to continue 1960s, the Legislature has steadily deteriorated, infiltrated by his re-election campaign. A Commonwealth Court judge ruled professional politicians, beholden to special interests, and has sunk in March that DeWeese’s continues to be eligible to serve in the to a ‘whatever it takes’ gang—where anything goes to remain legislature until he is sentenced. That date is set for April 24. 04 .2012 | TRENDS & TRANSITIONS | 7

Testing Tablets

ore than 55 million iPads have been sold since the devices were first introduced in January 2010, and nearly 20 percent of Americans own some kind of tablet or e-reader, according to the Pew Internet & American Life Project. iPads are proving popular in state legislatures as well.M Vermont and Virginia conducted iPad pilot projects last year. In at least seven legislatures, iPad pilot projects are underway this year; two states have purchased iPads for all legislators. Even in states without formal pilot projects, tablets and mobile devices are shaking up the way legislative business is done. Vermont, the Virginia Senate and the Virginia House of Delegates all began pilot projects during sessions last year, and expanded the projects this year. All members of the West Virginia Senate used iPads during a special session last summer, and this year all legislators in West Virginia and Alaska have iPads. Idaho purchased four iPads and four Androids to share among legislators who don’t own their own. Indiana has two committees using iPads, and North Carolina has one committee testing Android tablets and iPads. Why are they so popular? Tablets are user-friendly, relatively cheap, lightweight and more convenient to carry, and have good battery life—all important features for legislators whose schedules involve going from chamber to office to town meetings and home. Tablets are ideal for reading and storing large amounts of information. The Indiana General Assembly found that just a single bill generates about 11,400 sheets of paper. It hopes to go paperless in the future if the iPads work out. West Virginia Senate Majority Leader John Unger II says the tablets have increased efficiency and saved money. “We were the first state to have the full chamber use iPads, and it really expedited things. It also enhances and allows for contribution from the public as well.” Unger uses his iPad to get real time bill information, read email, record meetings and Skype with elementary students back in his district. Tablets pose some challenges, however. “It’s definitely a culture shift, and one challenge is training,” says Unger. iPads also are not very practical when it comes to creating, editing or printing documents, and can be more work for IT staff to support. During last year’s pilot project in Vermont, IT staff had to add apps to each device manually and do updates one at a time. Since then, however, mobile device management software has become available that can push apps, security settings and other information to all the devices at once. Most states are working to provide at least some support for members who have tablets so they can receive legislative email and calendars using whatever type of device they own. Others are trying to accommodate mobile devices by developing special apps. Legislatures or chambers in at least 17 states have optimized their websites for mobile devices. Concerns about how quickly technology can change, however, have many legislatures looking for the best way to adapt to a new environment. “My goal is to be device-agnostic,” says Rich Beckwith, Information Technology director for the Missouri House of Representatives, so that no matter what device legislators or citizens use now or in the years to come, they can access the information they need. —Pam Greenberg

STATE LEGISLATURES 8 | TRENDS & TRANSITIONS | 04 .2012

What the H*%# Does That Mean? Check Your Own Writing Microsoft Word users can apply the Flesch-Kincaid hich of the following sentences is easier to understand? scale to their own documents. 1. “If the location of the land is in a state other than the state in which 1. Click the Microsoft Office button, and then click the agency’s jurisdiction is located, the agency’s justification of antici- “word options” at the bottom right. pated benefits from the acquisition will be subject to greater scrutiny.” 2. Click “proofing.” 2. “When an agency wants to buy land in a different state, its reasons 3. Check “check grammar with spelling.” for the purchase will be studied very thoroughly.” 4. Check “show readability statistics” Then click “OK.” WMost people prefer the second one because it’s clearer, more concise, and written in 5. To check a document, click on the “review” tab, plain language, which the Plain Language Action and Information Network defines as any then “spelling & grammar” check the spelling. When communication that can be understood the first time it is read or heard. done, it displays the reading level of the document. Some think legal and legislative writing has veered too far from plain language. A recent study, “Ballot Readability and Roll-Off,” looked at 1,112 ballot measures from states between 1997 and 2007 to see whether their readability affected voters’ behavior. Researchers scored each one using the Flesch–Kincaid scale, which assigns the grade level required to understand it. (For example, the first sentence above scores at 19.7 grade level; the rewrite is at 9.4.) The authors found that, regardless of the topic, the more difficult a measure was to understand, the less likely citizens were to vote on it. Most popular reading is written at the eighth to 10th grade level, which studies have shown is best for the average American. The authors found, however, that all ballot questions included in their survey contained language that exceeded that level of reading proficiency, and well over half fell into the graduate-school level or higher on the Flesch-Kincaid scale. Ballot measures, especially, require voters to tackle complex, nuanced issues, yet “complex ballot language can confuse voters,” says Shauna Reilly, one of the authors. And confused voters may end up casting a vote for the policy they don’t want—or opting not to vote at all—she warns. Lawmakers in Colorado, Indiana, Missouri, New York and Pennsylvania are considering various requirements for plain language on ballots. “We want the average voter to be able to plainly understand the issues on the ballot,” says House Speaker Pro Tem Shane Schoeller (R), who recently introduced the Missouri Fair Elections Act. The Colorado legislation would require titles of statewide ballot measures to be written in “plain, nontechnical language and in a clear and coherent manner using words with common and everyday meaning that are understandable to the average reader.” The Voting and Usability Project offers guidance on plain Average Reading Level of Ballot Measures, 1997 - 2007 language for all elections-related materials, and the U.S. Election Assistance Commission provides polling place and ballot design This map is based on the Flesch-Kincaid scale that assigns the guidelines and templates for use at the state and local levels. grade-level needed to understand the reading. The average The plain language movement is wider than the ballot box, reading level for Americans is 8th grade. of course. According to the Center for Plain Language, 32 states have a plain language program in at least one governmental agency. Texas, for example, has a plain language project for contracts, Oregon has a plain language standard under the Depart- ment of Administrative Services, and Washington’s plain talk initiative is run from the governor’s office. The Plain Writing Act of 2010 requires the federal government to write all new publications, forms and publicly distributed documents in a “clear, concise, well-organized” manner. Iowa Congressman Bruce Braley (D) sponsored the legislation and now wants to apply the rules to federal regulations. “Whether you like or loathe government regulations, I think everyone can agree that when one exists, it should be written ■ Doctorate (grades 19 to 27) ■ Bachelor’s (grades 13 to 16) as clearly as possible,” Braley said in a press release. “Sadly, ■ Master’s (grades 17 to 18) ■ High School (grades 9 to 12) gobbledygook dominates the regulations issued by government agencies.” Note: Arkansas, Delaware, Illiois and West Virginia either did not have statewide ballot initiatives —Shannon McNamara in the last decade or not enough information is known. Editor’s Note: This article is written at a 13.4 grade level on the Flesch- Source: Pew Center on the States, 2011. Kincaid scale. America’s Islands 04 .2012 | TRENDS & TRANSITIONS | 9 The population took a dip downward on all islands except Guam between 2000 and 2010. Following are each territory’s current population and how it has changed since 2000. Human Trafficking in the Spotlight

he New York Giants defeated the New England Patriots in stunning fashion at this year’s Super Bowl in Indianapolis. Hundreds of thousands of people came from across the country and globe to enjoy the game and festivities hosted in the Hoosier state. But along with all the hoopla comes crime, including prostitution of trafficked victims. Just ask Texas, host of last year’s game, where more than 130 arrests related to human trafficking were made during Super Bowl week. TIn Indiana, this awareness prompted legislators to evaluate their state laws to see if they could be improved to better combat traffickers. The result was a bill sponsored by 3,725,789 Senator Randy Head (R), which became law just before the Super Bowl. It expanded the state’s definition of human trafficking to include elements of force and fraud and -2.2% created a new offense for the trafficking of a minor, when the victim is 16 years of age 1. PUERTO RICO

159,358 +2.9% 2. GUAM

106,405 -2%

3. U.S. VIRGIN ISLANDS

55,519 or younger. Both crimes are Class B felonies. In addition to the law change, the Indianapolis Metropolitan Police Department -3.1% participated in the “National Day of Johns Arrests,” a 10-day anti-sex trade effort surrounding the Super Bowl, coordinated among 20 law enforcement agencies across 4. AMERICAN SAMOA eight states. The operation resulted in 556 arrests for offenses including sex solicitation, prostitution and human trafficking. In Indiana, the first people arrested under the new law were two women tracked down by leads developed from Internet advertisements. After interviewing the arrestees, law 53,883 enforcement officials determined they were part of a trafficking ring and were victims rather than suspects. Police are currently pursuing their traffickers. -22.2% The Indiana legislation was the first human trafficking bill enacted in 2012. Every state except West Virginia and Wyoming has at least one law that addresses some aspect 5. NORTHERN MARIANA ISLANDS of trafficking crimes or protections for victims. —Rich Williams Source: 2010 U.S. Census. STATE LEGISLATURES 10 | STATELINE | 04 .2012

To3he Si ux Saga The battle over the “Fighting Sioux” nickname for the University of North Dakota continues to rage. Last Perk Parked April, the state passed a law forbidding a change and California lawmakers are losing one of their most unique perks—state vehicles. For years, requiring use of the Fighting Sioux name. But by the the1 state has provided legislators with cars, covering the leasing costs up to $285 a month, as end of the year, lawmakers had repealed the law and well as insurance, gas and maintenance expenses. The state Citizens’ Compensation Commis- required a name change. Nickname supporters, seeking sion last year put an end to the program, however, recommending instead to give legislators a referendum in June, filed petitions in February an additional $300 a month for transportation costs. The state controller questioned the com- against the repeal. Now the state’s higher education mission’s authority to create the new allowance, based on state law that allows only board has requested the attorney general ask the state mileage reimbursement, leaving a final decision up in the air. Ironically, paying Supreme Court to rule on the constitutionality of the 55.5 cents a mile to lawmakers in a state that covers 155,779.22 square miles first law requiring use of the name. Legislative leaders could end up costing taxpayers even more. have hired an attorney to represent the Legislative Assembly in the case. The issue at stake for them is the legislature’s authority and role in higher education decisions.

Do n’ t2 Gamble With Gettysburg Pennsylvania Representative Paul Clymer (R) has introduced a bill to prevent casinos from being built within 10 miles of the famous Gettysburg Civil War battlefield or the new federally sanctioned memorial park in honor of Flight 93, which crashed near there on 9/11. “The courage and bravery of those men, on both sides, is a legacy that should not be compromised by putting a gambling casino near the military park, or near the site of the Flight 93 memorial,” Jbs5o Aplenty Clymer told a House committee, according to the Pittsburgh Post-Gazette. Those seeking work may want to look north to South Dakota. That state is swimming in job openings, especially for accountants, engineers, IT specialists and welders. To fill the positions, the governor has created the “1,000 New South Dakotans” initiative. Taxing Times It will, in part, direct the state to contract with the The Tax Foundation, which collects all kinds of data on state and local sales taxes, has found that Manpower recruitment firm to find workers willing to Tennessee (9.45 percent), Arizona (9.12 percent), Louisiana4 (8.85 percent), Washington (8.8 per- move to the Mount Rushmore State. South Dakotans cent) and Oklahoma (8.66 percent) have the highest combined state and average local sales tax will get first crack at the vacant jobs, but after 30 days, rates. The highest total sales tax rate is in Tuba City, Ariz., where you’ll pay 13.725 percent. That Manpower will step in to help fill them. The Legislature rate includes a tribal tax of 6 percent by the To’Nanees’Dizi government. Alaska and Montana do is considering the governor’s proposal now. The state’s not levy statewide sales taxes but allow towns and cities to do so. Three states—Delaware, New unemployment rate is 4.2 percent, lower than every Hampshire and Oregon—have no state or local sales taxes. state except neighboring North Dakota (3.3 percent) and Nebraska (4.1 percent). 04 .2012 | STATELINE | 11

The Beginning of Being The Oklahoma Senate has passed a “personhood” bill, 6giving an embryo, from the moment of conception, “the rights, privileges and immunities available to other persons, citizens and residents.” It now goes to the House. Senator Brian Crain (R), sponsor of the bill, said it is not about blocking access to contraceptives, preventing stem-cell research or banning abortion. It’s about the fact that “the unborn have no voice of their own,” Reaction to Nuclear Plants he told the Tulsa World. Senator Judy Eason McIntyre (D) told The Nuclear Regulatory Commission voted in February to approve a construction the newspaper she was disturbed that men who want smaller permit7 from Southern Company to build two new nuclear reactors at Plant Vogtle, government and less government intrusion are trying to in eastern Georgia. The new reactors will join two existing reactors that have been make personal health decisions for women. Similar bal- operating for 23 and 25 years. Southern Company estimates the deal will bring lot measures have failed in Mississippi and twice 3,500 construction jobs and 800 permanent jobs into the state. It’s the first construc- in Colorado. Similar legislation was con- tion permit in the country for a nuclear reactor since 1978. Another four reactors— sidered in the Virginia General two in South Carolina and two in Florida—are up for approval this year. Assembly.

C 8aribou and You No Tax on Botox The U.S. Fish and Wildlife Service wants to desig- New Jersey lawmakers have voted to gradually nate an area half the size of Rhode Island in Idaho phase out their state’s 6 percent tax on 9cosmetic and Washington as critical habitat for endangered surgery and elective procedures such as Botox woodland caribou. Opponents decried the proposal as noth- injections over the next few years, according to ing more than a federal land grab that would harm their local National Public Radio. Garden State plastic economies by restricting logging, snowmobiling and use of surgeons are elated. They watched all their the forest. A spokesman for the U.S. Fish and Wildlife Service customers drive to neighboring states that told the Associated Press that the government is trying to save don’t tax for their nips, tucks and lifts. The a herd of about 40 and the designation would have little impact doctors also commissioned a study that on local residents. The animals have been on the endangered showed the state was losing, rather than list since 1983. A final decision is expected in November. gaining, revenues because of the tax. The Legislature established the tax in 2006, expecting it to bring in around $20 million a year. The state actually receives about half that amount.

Dam the Discharge! Under the Clean Water Act, states may ask the EPA to designate a “no discharge zone” in which large vessels 10are prohibited from releasing sewage (even if treated) into the water. California lawmakers did so in 2010, after passing three laws in the previous four years to reduce the discharges to protect local aquatic life and public health, prevent beach closures, and support commercial fishing and crabbing. In February, the U.S. Environmental Protection Agency approved the zone, which extends three miles out along the entire 1,624-mile coast. It will be monitored by the U.S. Coast Guard. The shipping industry will have to expand the size of its storage tanks to keep the estimated 22 million gallons of waste out of the shal- low waters off the coast. Hawaii’s coastal waters and Washington’s Puget Sound could be next. STATE LEGISLATURES 12 | LEGISLATIVE STAFF PROFILE | 04 .2012

By Carol Knowles

government lawyer by day, a mystery writer by night Like the characters in his legal thrillers, David Ellis is a richly textured personality, and just when you think you have him figured out, he surprises you. At 44, Ellis is at the top of his game. Since November 2006, he has served as chief counsel to Illinois House Speaker Michael J. Madigan. Mystery Soft-spokenA and mannerly, he was the lead prosecutor in the historic impeachment proceedings against former Governor Rod Blagojevich. Ellis also is credited as a key player in crafting ethical reforms that Illinois lawmakers hope will prevent a repeat of the Blagojevich scandal. Somehow, Ellis also has found the time to write seven page-turning novels and pick up some literary awards along the way. Two more books are coming Man out this year. But nothing, he says, really prepared him for his role in the decline and fall of Illinois’ governor. “I opened a door and walked into Beirut—that’s what it felt like,” Ellis says. Illinois’ David Ellis is “It was a very difficult couple of years. I felt like my feet never touched the ground.”

A Drive to Write a rare combination of Ellis had a typical suburban upbringing in Downers Grove, Ill., just west of Chicago. His parents, he says, are his heroes and have been the most influential people in his life. legislative attorney and “I have a great mixture of my mother and my father in me,” Ellis says. “My creative, artistic side comes from my mother, who is a little bit more of a free spirit. I have my father’s analytical approach to problems. His calm in the face literary lion. of chaos. His sense of humor. “In unconscious ways, you find yourself acting exactly like the people who brought you up. You don’t really know how it happened, you just know it did.” Ellis knew from an early age that he wanted to write, penning two mysteries and a play in grade school. The stories, Ellis says, were reminiscent of the fic- tional teen detectives, the Hardy Boys. “I don’t know why I became a writer, but I was a writer before I was anything else. I was a writer before I was a lawyer. I was a writer before I was an athlete “I was a writer before I was a lawyer. I in high school. It was the first thing I did. It was the first thing I was drawn to.” A product of Downers Grove North High School, he studied finance at the was a writer before I was an athlete in University of Illinois Champaign and earned his law degree at Northwestern University School of Law in downtown Chicago. high school. It was the first thing I did. After graduating in 1993, Ellis spent time in private practice in Chicago, but It was the first thing I was drawn to.” civil litigation bored him. He was looking for a new challenge when a friend called and asked him to join him in Springfield, working for state government. —David Ellis “The pay will be terrible and the hours will be long, but it will be interesting,’ ” Ellis recalls his friend saying. “I got to a point [in private practice] where I felt like I was just pushing paper and not really making a difference in anybody’s life, so I wanted to try something different.” Ellis, an expert in constitutional and election law, spent two years as assistant counsel to the speaker before returning to Chicago to join some friends in his own firm. The change allowed him more time to write. The path to publication was not easy. He was rejected 75 times before finding an agent, and estimates he went through eight drafts and three years of his life

Carol Knowles is a writer in Springfield, Ill., and a former Illinois State House reporter. 04 .2012 | LEGISLATIVE STAFF PROFILE | 13

“Dave Ellis is a skilled attorney. He proved the true measure of his talents with the excellent on his first novel. But his persistence paid off. “Line of Vision” won the prestigious Edgar Allan Poe Award from the Mystery guidance he gave the legislature through the Writers of America for the best first novel by an American truly uncharted course of impeachment.” author in 2002. His following novels—“Life Sentence,” 2003, “Jury of —House Speaker Michael Madigan (D), Illinois One,” 2004, “In the Company of Liars,” 2005, and ”Eye of the Beholder,” 2007— each won critical acclaim, as well.

Stranger Than Fiction reformer. Blagojevich appeared destined to follow his predeces- The lure of a challenge drew Ellis and his wife Susan, a law- sor, George H. Ryan, behind bars. yer with the Illinois Attorney General’s Office, back to Spring- When Blagojevich refused to resign from office following the field in late 2006. As counsel to the House speaker, Ellis’ job arrest, the House moved forward with impeachment, citing a pat- was to analyze legislation, interpret the state constitution and tern of a rampant abuse of power. serve as the House parliamentarian. Little did he know what he Power, Ellis laments, can be corrupting. “I think beyond cor- was walking into. The reality, at times, was stranger than fiction. rupting, it distorts your reality. A good politician won’t let that The state’s fiscal health was a mess, and its chief executive, Rod happen. A strong person will not let that happen. A strong person Blagojevich, had gone rogue. will be able to differentiate between what is real and what is not.” Blagojevich called lawmakers back to Springfield for a seemingly endless series of special sessions, trying to bend lawmakers A Key Player to his will. He twice sued Madigan, Ellis’ boss. There was little As the lead prosecutor, Ellis appeared before the Illinois or no trust between most government officials and the governor, Senate and presented the House’s 13-point, sweeping article of who was viewed as combative and corrupt. impeachment. The whole world was watching. A simple flip “We didn’t know the details, but we knew he was doing bad of a chart could trigger the clicks of as many as 300 cameras. things,” Ellis says. “We were reluctant to give him the reins of Although there was no script to follow, Ellis took great pains to any big pot of money because we didn’t trust him.” ensure the process was orderly and fair. Blagojevich, arrested at his home by federal agents in the pre- By January’s end, Blagojevich was impeached by the House, dawn hours in early December 2008, was charged with, among convicted in the Senate and banned from ever holding public other things, attempting to sell the U.S. Senate seat vacated by office in Illinois. The first Democratic governor to hold office in President Barack Obama. It was the culmination of a years-long a quarter century had become the first governor in Illinois history federal investigation of the governor, who had campaigned as a to be impeached. STATE LEGISLATURES 14 | LEGISLATIVE STAFF PROFILE | 04 .2012

“Probably his greatest achievement there was off-screen, in getting the U.S. Attorney’s Office to release a smidgen of their evidence, something they very rarely do without a tremendous fight when it’s pre-trial.” —Scott Turow, author and attorney

Ellis is humble about his part in the historic proceedings. “I’ve not done anything heroic. I just played a role,” Ellis says. “I was there, and they gave the ball to me.” Madigan is more effusive. “Dave Ellis is a skilled attorney. He proved the true measure of his talents with the excellent guidance he gave the legislature through the truly uncharted course of impeachment.” Best-selling author and trial attorney Scott Turow, who has known Ellis since early in his legal career, echoed Madigan’s sentiments. “He’s a terrific litigator, as his performance in the FBI. Sentenced to 14 years, he was scheduled to enter a federal prison in Blagojevich impeachment permanently established,” mid-March. Speaker Turow says. “Probably his greatest achievement there was Michael off-screen, in getting the U.S. Attorney’s Office to release Fiction Follows Fact Madigan a smidgen of their evidence, something they very rarely do Although his writing ground to a halt during much of the Blagojevich Illinois (D) without a tremendous fight when it’s pre-trial.” saga, Ellis returned to it as soon as he could and with new experiences to As a bill drafter and negotiator, Ellis also was key in developing reforms draw upon. enacted by the legislature following Blagojevich’s arrest, most notably The result was two books—“The Hidden Man” in 2009 and “Breach of those that affect state purchasing and pension investments. It was just the Trust” in 2010—in a new series featuring Jason Kolarich, a tough yet vul- beginning of a long road back from international embarrassment for the nerable street-smart lawyer. He’s the kind of character a reader can cheer. state of Illinois. “Breach of Trust” is both a murder mystery and a tale of political corrup- “You can’t make a corruption-proof system. It doesn’t exist. But you tion that includes an FBI investigation into an allegedly corrupt governor. can make it much, much harder to commit corruption. I think we did that,” Sound familiar? Ellis says. “There is a certain percentage of people in the world who will In the Kolarich character, Ellis says, he found his voice and describes break the law no matter how hard you make it. There is a larger percentage the character as “just like me except he is smarter and braver and more who will obey the law no matter what it is, and then there is a group in the handsome and more talented.” Although he says he doesn’t have a grand middle whose likelihood of breaking the law will vary with how difficult it plan for Jason, he’s enjoyed developing the character and hopes he’s is and how stiff the penalty is.” around for a long time. Ellis wins high marks from government watchdogs even though they “He is a very flawed guy. He has baggage. He can be violent. He has sometimes were adversaries. a very unaltered sense of right and wrong. It is his version of right and “Even when negotiations were at their most contentious, he was a wrong. He breaks rules that he doesn’t think need to be there, but within his delight—smart, fair and engaging,” says Cindi Canary, former long-time own code he stays true. That’s what I like about him. He will not sacrifice executive director of the Illinois Campaign for Political Reform. “While I that, ever.” didn’t always agree with the policy that Dave helped the speaker craft, he Ellis has two books coming out this year. In “The Wrong Man,” Kolar- was never less than a completely honest broker. His contribution in helping ich returns to defend an Iraqi war veteran accused of murder. “Guilty guide Illinois into the post-Blagojevich era, from impeachment to reform, Wives” is a thriller involving four friends on vacation, which Ellis co-wrote has been enormous.” with best-selling author James Patterson. Turow, who chaired the Illinois Executive Ethics Commission and Ellis enjoys the suspense and twists and turns of mystery writing. He worked with Ellis on some reform measures, called Ellis “a consistent force likes challenging his readers—and himself—and says he’s effective at mis- for good in state government.” direction. One of his works, “In the Company of Liars,” occurs in reverse “I found him sane, reflective and pragmatic, with a keen sense of judg- chronological order. ment about how to do the right things—not an attribute that is universal in “There is nothing more fulfilling than to set somebody up for a sur- Illinois government,“ Turow says. prise,” says Ellis, who admits he gets chills just talking about the times fans In the two years that followed his impeachment, Blagojevich faced two acknowledge he’s grabbed them with his writing. trials and was convicted in federal court of 18 counts of corruption involv- He’s had the privilege of working in a courtroom alongside Turow, ing sweeping pay-to-play and influence peddling charges and lying to the whom he considers a mentor. Turow’s writing, he says, “is like silk on a 04 .2012 | LEGISLATIVE STAFF PROFILE | 15

Murder Under the Dome

avid Ellis is the rare statehouse denizen to end up an D award-winning writer of detective fiction. There have been a few others, however, who have melded state government and the occasional homicide. Although some of these books are out of print, you can find used copies on the Internet.

Mike Abrams: This former legislative staffer and lobbyist for the Indiana State Medical Association has written “Lethal Remedy” (2006) a novel about the brutal slaying of an Indiana state representative and the consequences for the legislator who is elected to succeed him. Bill Crider: In the 1992 mystery “The Texas Capitol Hill Murders,” the slaying of a cleaning woman in the Capitol leads Texas Ranger Rayn Harnett on a manhunt through the legislative staff, lawmakers and even the governor. piece of paper” and is the standard by which all other writers in the genre are David Everson: A political scientist, Everson wrote a series measured. of novels about Bobby Miles, a former big league baseball “Whenever I want inspiration, I pick up a book that he wrote, open it up to player turned central Illinois detective who often works for the any page, and I just start reading,” says Ellis. “He’s that good.” speaker of the Illinois House of Representatives. John Feinstein: Feinstein once covered the Maryland State- More Writing, Less Law house for the Washington Post and wrote “Running Mates” Ellis calls his job “fun” and “intellectually challenging,” but he recognizes (1993) about the murder of a Maryland governor. He is best- that the stress and long hours can take a toll on a young family. Ellis and his known as a National Public Radio commentator and the author wife have three children, all under the age of 5, and a pug, Otis. of the two best-selling nonfiction sports books ever, “A Season “The responsibility of knowing your children are sponging up everything on the Brink: A Year with Bob Knight and the Indiana Hoo- that is happening in front of them is a little bit scary because you don’t have all siers” and “A Good Walk Spoiled.” good moments as a parent,” he says. Sean Hanlon: “Deep Freeze: A Prester John Riordan Mys- He steals time away to write at night, while the rest of the family is sleeping, tery” (1992) features a hero who works for the speaker of the frequently getting only three or four hours of sleep a night himself. Alaska House of Representatives. “When I get to write, it is my little vacation. Even if it is just an hour a night, Joe L. Hensley: In “Legislative Body” (1972), Donald Robak, it is an hour of getting to do something I purely love to do,” he says. “Some- a lawyer turned amateur detective, is called upon to investigate times I get on a roll and I can get by on two or three hours of sleep for many the violent deaths of two of his fellow state legislators. The late days in a row, and then sometimes, I just crash.” author was a former legislator in Indiana. Tony Hillerman: Although the late author gained fame for his Next Chapter detective novels set in the tribal lands of the Southwest, “The Ellis is starting a new phase in his life, as special counsel to the speaker. It Fly on the Wall” (1971) was his first novel about a reporter, a will take him out of the day-to-day lawyering of the House, allowing him to murder and corruption set in a Midwestern state capital. work on special projects and write more. Dana Stabenow: This series of murder mysteries focuses on “The book world seems to be on an upward trajectory for me right now, so Kate Shugak, an Alaskan detective and member of the Alaska I’m going to keep going with it,” says Ellis, whose novels have been translated Legislature. Stabenow’s latest, published in February, is “Rest- into Italian, Japanese, German, Dutch, Polish, Czech, Bulgarian and Spanish. “I less in the Grave.” don’t ever want to stop writing books. I am not sure I would ever be able to stop Steve Swatt: This former TV political reporter’s “Fair, Bal- practicing law either.” anced … and Dead” came out in 2009 and is based around He doesn’t rule out a return to full-time public service and encourages young political intrigue and murder in Sacramento. lawyers to strongly consider a career in government. “I think an interesting career path is one that combines private and public This story is based on voracious reading of detective novels work. I’ve jumped back and forth, and I’m very glad that I did.” by NCSL’s Karl Kurtz, the late Yen Lew, former ombudsman Much like the characters in his books, the future is unsettled. for the Hawaii Legislature, and the late Tim Hodson of the “One of the things that is exciting about life is I still don’t know what I’m Center for California Studies at Sacramento State University. going to be when I grow up, and that’s OK,” he says. “Those are some of the most interesting people.” STATE LEGISLATURES 16 | LEGAL AFFAIRS | 04 .2012 A Federalist’s Dilemma Three cases before the U.S. Supreme Court pose a conflict for some who usually back states’ rights.

It is a rare Supreme Court term when the issue of federalism is raised in all the prominent cases, and these three are the biggest of this term.

Affordable Care Act By Lisa Soronen The court is considering four questions in the health reform case—two of which address federalism head on. First, the court s a state legislator, federalism is important to you, and will decide whether the individual mandate—that almost all you know where you stand on the subject. You are Americans must obtain health insurance by 2014 or pay a fine— pro-state rights and anti-federal encroachment. It’s violates the Commerce Clause of the U.S. Constitution. One of simple, right? the reasons the 11th U.S. Circuit Court of Appeals concluded the Then consider the Affordable Care Act, Arizona’s individual mandate is unconstitutional is that insurance and health immigration law and the court cases over Texas’ care are traditional areas of state concern. Second, the act requires interimA electoral map. These three examples may put your feder- states to expand Medicaid coverage or lose all federal Medicaid alism principles and your political views on a collision course. It funding, not just the additional funding needed to cover the expan- turns out it’s just not that simple. sion. The court will decide whether the expansion is permissible It is a rare Supreme Court term when the issue of federalism under the Constitution’s Spending Clause or fails the coercion test is raised in all the prominent cases, and these three are the big- because states are essentially compelled to participate in Medicaid. gest of this term. The issue of states’ rights is central in each Whatever the court decides will affect both legal doctrines case, with the court’s decision most likely to extend beyond the beyond the individual mandate and Medicaid. The argument specific facts being litigated. that Congress can regulate inactivity—not buying health insurance—is novel. Likewise, the court has only twice ruled on the Lisa Soronen is executive director of the State and Local Legal Center in coercion argument. That means any ruling—much less a ruling Washington, D.C. regarding a program as big as Medicaid—is significant. 04 .2012 | LEGAL AFFAIRS | 17

Arizona Immigration claiming the federal district court should have deferred to the The Supreme Court also will decide whether federal law Legislature’s map when drawing the interim map. pre-empts four provisions of Arizona’s immigration statute. The Supreme Court’s opinion in this case was favorable to The state has argued that the law “authorizes cooperative law the Texas Legislature. The court instructed the district court to enforcement and imposes sanctions that consciously parallel fed- “take guidance from the state’s recently enacted plan in drafting eral law.” The Ninth U.S. Circuit Court of Appeals concluded, an interim plan. That plan reflects the state’s policy judgments however, that all four provisions are preempted by federal immi- on where to place new districts and how to shift existing ones in gration law. response to massive population growth.” 1. Requiring police to determine if a person is in the country legally: The court The Dilemma concluded the federal Immigration and “At some point, Even if you are a committed federalist you Naturalization Act allows state and local may, because of your political views, reject police to aid in immigration enforcement even the staunchest the states’ rights position in one or all of these only under the supervision of the U.S. federalist will support cases. attorney general. Unlike some of the most prominent feder- 2. Making it a crime not to carry immi- federal expansion alism cases of the last few decades, all these gration papers: This requirement is pre- involve politically charged topics that divide empted, the court concluded, because Con- on some state issue. mostly on party lines. In contrast, previous gress didn’t mention state participation in This time you don’t questions of whether the federal government this section of the immigration act, though could ban guns near schools (United States v. it did in other sections of the law. have to resolve the Lopez), criminalize violence against women 3. Making it a crime for undocumented (United States v. Morrison), or condition immigrants to work: The court noted the dilemma, the Supreme federal highway funds on states raising the federal law sanctions only employers. Court will.” drinking age (South Dakota v. Dole) lack 4. Allowing police officers to arrest a the same partisan divisiveness of the three person who is likely to be deported: cases the court is deciding this term. Even if “States do not have the inherent authority your political views about one of these ear- to enforce the civil provisions of federal immigration law,” the lier cases didn’t match your usual position on state’s rights, you court concluded. could have avoided talking, thinking and reading about them. Other states have adopted similar immigration laws. These The Supreme Court’s current federalism trilogy collision laws, too, may be preempted by federal law, depending on how is unavoidable, however, for at least three reasons beyond the the court rules. charged partisan nature of the cases. First, they involve issues state legislatures currently might be Texas Redistricting considering, such as redistricting. The issue in the Texas redistricting case was how much a fed- Second, they involve not just hot-button issues, but the most eral district court, when creating interim electoral maps, must hot-button issues of the day. Arizona’s immigration law, for defer to a state legislature’s plan. Texas gained four seats in the example, is the first of its kind, is less than two years old, and has U.S. House of Representatives as a result of population gains in been rapidly replicated in other states. the 2010 census, requiring the Texas Legislature to redraw its Third, these cases affect the daily lives of ordinary Americans electoral maps. The Republican Legislature’s redistricting plan in a way few Supreme Court cases do. Even if the Affordable Care would likely allow Republicans to gain three of the four addi- Act does not affect someone personally, some provision of it— tional seats. such as expanded coverage for adult children or the pre-existing Under Section 5 of the Voting Rights Act, redistricting plans condition ban—may affect a family member or a close friend. in states with a history of voting discrimination must be pre- When federalism principles and partisan politics don’t align, cleared to make sure they are not discriminatory on the basis of how is the conflict resolved? First, accept that such conflicts race or color. While pre-clearance in the Texas case was still are inevitable. Federalism doesn’t take outcomes into account. being litigated in a federal district court in Washington, D.C., At some point, even the staunchest federalist will support fed- the candidate filing period for the 2012 election was approach- eral expansion on some state issue. This time you don’t have to ing. So a federal district court in San Antonio drew an interim resolve the dilemma, the Supreme Court will. redistricting map that would likely give Democrats two of the Also, remember this: No matter what the court decides, every- new congressional seats and, according to Texas officials, sub- one will get something they want—a victory for federalism, for stantially changed all but nine of the 36 districts. Texas sued, the issue they support or both.

STATE LEGISLATURES The NCSL Legislative Summit is your chance this summer to view the issues BUILD STRONG STATES from all angles. Look at the issues in new ways …

The Summit offers you political balance, unbiased perspectives and hands-on opportunities for you to clearly evaluate policy and develop innovative solutions for your state.

The Legislative Summit will help you make smarter decisions on:

Ì Pension policy Ì Education reform Ì Medicaid “best buys” Ì State regulatory changes Ì Voter ID Ì Job growth Ì Justice reinvestment Ì Energy plans Ì Infrastructure projects Ì Leadership and communication Ì And more! REGISTER TODAY Cloud Gate and save with the early-bird rate! A public sculpture in Millennium Park Go to by artist Anish Kapoor www.ncsl.org/summitGo to The NCSL Legislative Summit is your chance this summer to view the issues BUILD STRONG STATES from all angles. Look at the issues in new ways …

The Summit offers you political balance, unbiased perspectives and hands-on opportunities for you to clearly evaluate policy and develop innovative solutions for your state.

The Legislative Summit will help you make smarter decisions on:

Ì Pension policy Ì Education reform Ì Medicaid “best buys” Ì State regulatory changes Ì Voter ID Ì Job growth Ì Justice reinvestment Ì Energy plans Ì Infrastructure projects Ì Leadership and communication Ì And more! REGISTER TODAY Cloud Gate and save with the early-bird rate! A public sculpture in Millennium Park Go to by artist Anish Kapoor www.ncsl.org/summitGo to 20 | MILITARY AFFAIRS | 04 .2012 Coming Home Troops returning from overseas and veterans are getting a hand from states in finding jobs, justice and the support they deserve.

dred bills have been introduced aimed at helping By James B. Reed vets and active members of the military. In Texas, Representative Dan Flynn (R), chair here are 2.3 million veterans of the Iraq and Afghani- of the Military Caucus, is emphatic about step- stan wars. Tens of thousands of additional troops ping up the state effort. “I’m working to ensure are now returning home as the the maximum effort is American presence in both made to give troops return- Representative countries winds down. ing home the support they Dan Flynn This homecoming is a chal- By the Numbers need as they reintegrate Texas (R) lengeT to vets, service members and society 120,000 into daily life,” Flynn says. for several reasons. The number of people He introduced successful legislation Troops returning from Iraq and suffering psychological trauma from the last session to strengthen the right to re- Afghanistan, 2008-2012 current wars has skyrocketed, and not all employment for members of the military those coming home know about or make forces of Texas or any other state upon use of the benefits to which they are entitled. 300,000 return from authorized duty. Numerous Estimate of troops demonstrating post- At the same time, hefty cuts are loom- states offer employment protection for traumatic stress disorder since 2001 ing for the U.S. defense budget over the deployed National Guard members, mirror- next several years. State and local govern- ing or strengthening the federal Uniformed ments will feel the pain. 2.3 million Services Employment and Re-Employ- Veterans of Iraq and Afghanistan States and communities are gearing up ment Rights Act of 1994, which protects to meet the needs of this growing veteran the civilian jobs of those deployed. A new community. At the same time, state law- 321 trend is to give tax credits to employers Military bases in the United States makers are working to protect existing mil- who hire veterans. Developing call centers itary installations from development and for transportation assistance and providing incompatible land uses that could cause the 22 million free or reduced fares for veterans who are Acres owned by the Department of military to pack up and leave. using public transportation are increas- Defense Various federal agencies are primar- ingly common, as well. ily responsible for the post-deployment The list goes on: needs of returning service members and veterans, particularly ◆ Foreclosure protection. providing health care and mental health benefits. States, how- ◆ Income tax reductions, credits or exemptions. ever, have an increasingly important role, providing services that ◆ Reduced college tuition. range from education benefits to unemployment compensation, ◆ Waivers from certain fees and taxes, such as state parks admis- and also granting waivers from taxes and fees for a variety of sion or special license plates. services. ◆ Residential property tax exemptions for disabled veterans. Lawmakers passed nearly 300 bills in 2011 to help veterans, ◆ Free or reduced fees for hunting and fishing licenses. adding to the 225 enacted in 2010. So far this year, several hun- Employment Is Key James B. Reed serves as staff liaison to the NCSL Task Force on Military and All levels of government are looking to ease the transition to Veterans’ Affairs. civilian employment for those returning from Iraq and Afghanistan. 04 .2012 | MILITARY AFFAIRS | 21

“I’m working to ensure the maximum effort is made to give troops returning home the support they need as they reintegrate into daily life.”

Representative Dan Flynn (R), Texas

Several federal agencies not only pay for job training and adopted this approach recently. placement, but also give veterans preference in obtaining small Military spouses in Alaska, Arizona, Colorado, Florida, Kan- business loans. The Obama administration has proposed a Vet- sas, Kentucky, Missouri, Montana, Tennessee, Texas, Utah and erans Job Corps to employ veterans to do conservation work on Washington can obtain temporary licenses while they complete public lands. Washington state created such a program in 2005. requirements, receive reciprocity for their credentials from States are examining a variety of approaches not only for vets, another state, or take advantage of expedited procedures to but also for spouses who have had to move frequently over replace their license from another state. Lawmakers in 15 more Representative the years, imperiling their professional licenses as they move states have introduced similar legislation this year. John Grange between states. “It’s about recognizing the contribution service members Kansas (R) For veterans, several states now require licensing boards make to the community, especially those in the National Guard,” to accept military education, training and experience to fulfill says Kansas Representative John Grange (R). requirements in a variety of fields where the training is compa- Another option is to give employers tax credits for hiring rable. Colorado, Kentucky, Utah, Virginia, and Washington have veterans. Vermont passed legislation in 2011, and 15 states—

STATE LEGISLATURES 22 | MILITARY AFFAIRS | 04 .2012

NCSL Task Force on Military and Veterans’ Affairs awmakers from around the country are serving on NCSL’s Task Force on L Military and Veterans Affairs and studying military-community relations and the health and well-being of veterans. Formed in 2007, the task force has been promoting a greater understanding of the roles state legislators, local government officials, land conservation organizations and the military play in managing development near military bases, while protecting natural resources and the health and safety of citizens. Among the issues covered by the task force are military-community partner- ships to respond to mission change; veteran hiring and procurement prefer- ences; mental health, substance abuse and family issues facing returning veterans; and benefits for military personnel, veterans and their dependents. The task force lets lawmakers share the best ideas and innovations concerning the role legislatures play in assisting military service members and veterans for example, showed a majority of arrested veterans have not obtained and in working with military installations concerning the large variety of issues Veterans’ Administration or other benefits for which they qualify. that cross jurisdictional lines. “A lot of returning young soldiers with problems are not aware of the services they are entitled to,” says retired Air Force Chief Master Sergeant Rich Lindsey, lead peer mentor to returning war veterans Alaska, California, Hawaii, Iowa, Indiana, Massachusetts, Michi- at the Colorado Springs Veterans Trauma Court. The court ensures gan, Minnesota, New Jersey, New Mexico, New York, North Caro- veteran defendants charged with lower level, nonviolent felonies, lina, Pennsylvania, Virginia and Wisconsin—and the District of who also are diagnosed with service-related trauma spectrum disor- Columbia are considering similar bills this year. der, receive treatment so they can get on with their lives. “When we get them the services they need, it really changes Justice Reconsidered these guys,” Lindsey says. Another issue of growing concern to state lawmakers is veterans At least 70 courts like the one in Colorado Springs are operat- who become caught up in the criminal justice system. Veterans are ing in 26 states. Matt Stiner, a Marine veteran who helped start the no more likely to be arrested than the general population, according Tulsa, Okla., veterans’ treatment court, now serves as director of to the Bureau of Justice Statistics. But many end up facing crimi- development and outreach for Justice for Vets, a group promoting nal charges because of wartime psychological trauma that has led to these courts around the country. mental illness and substance abuse. “These courts offer veterans the opportunity to receive the ben- Studies show traditional criminal justice proceedings often fail to efits and services they have earned, while undergoing the treatment meet the needs of veterans. A recent survey in Travis County, Texas, needed to be productive citizens,” Stiner says. “They significantly

States that require notification to the States that require coordination with military of any land use change near the military on land use planning installations near installations “It’s about recognizing the contribution service members 04 .2012 | MILITARY AFFAIRS | 23 make to the community, especially those in the National Guard.”

—Representative John Grange (R), Kansas Protecting the Military’s Presence elping service men and women adjust to coming home also means ensur- Hing there’s a place to come home to. Lawmakers are concerned about encroaching development near military bases and installations that threaten the military’s ability to continue using these facilities. Dozens of state studies have documented the critical role of military facilities to state economies. Maryland, for example, attributes 118,000 jobs and a total economic impact of $36 billion a year to the presence of 17 military facilities. Protecting installations from incompatible development is a paramount concern for states, particularly given the possibility of new base closings, which may consider “crowded” or encroached upon facilities more expendable. Lawmakers have a responded with a variety of policies. ◆ R equiring local governments and state agencies to communicate land use changes with military installations. (17 states) ◆ Creating open space areas around bases and separation between the base reduce criminal justice costs and break the costly cycle of addiction fence line and other land uses. (18 states) and crime.” ◆ Coordinating land use planning with military officials to ensure greater com- These courts are presided over by judges and staffed by people patibility with military installations. (22 states) trained to identify a variety of post-battlefield ailments, such as ◆ Keeping public lighting at a low level to avoid “light pollution” that can post-traumatic stress disorder or traumatic brain injury that have interfere with military training. (14 states) been a factor in veterans’ legal violations. This is critical, since the Last year, several states added to the list by enacting legislation to ensure a incidence of PTSD and TBI is so much higher in the recent wars sustainable military presence. because of long, multiple deployments, coupled with the battlefield Alabama established the Job Creation and Military Stability Commission to horrors such as seeing friends and innocent bystanders killed. study how to ensure the stability of its military facilities. Texas now requires Advocates believe service members and veterans respond better local governments to notify defense bases regarding land use changes. In times in a system that recognizes, addresses and is sympathetic to their of a water shortage or emergency, Utah allows special priority for military unique circumstances and needs and that metes out appropriate facilities. Washington officials are now required to notify the Department of court-ordered treatment. Veterans’ treatment courts often team up Defense when siting any new energy facilities. with other veteran service groups, such as Disabled American Vet- erans, American Legion, United Service Organizations and Veter- Missouri are considering bills this year to address veterans’ courts, ans of Foreign Wars. while a New Jersey task force is studying the issue. Eleven states have created their own courts or diversion programs “When veterans return home with post-traumatic stress disorder for vets. Courts are operating in many other states as well, under the and get in trouble with the law, they need fair judicial treatment,” auspices of local jurisdictions. Lawmakers in Hawaii, Michigan and says New Jersey Assemblymember Upendra Chivukula (D). “A task

States with funding to purchase States with light pollution or property or development rights dark skies requirements near near installations installations

Source: NCSL, 2012 STATE LEGISLATURES NOMINATIONS FOR THE 2012 EXCELLENCE IN STATE LEGISLATIVE LEADERSHIP AWARD

Nominations are being accepted for the 2012 Excellence in State Legislative Leadership Award.The award is given annually to a current or recently “When veterans return home with retired state legislative leader who has worked to preserve and build public trust in the institution of post-traumatic stress disorder and the legislature and whose career embodies the quali- get in trouble with the law, they ties of integrity, leadership, courage and high ethical need fair judicial treatment.” standards. —Assemblymember Upendra Chivukula (D), New Jersey Nominees must hold, or have held in the last two years, the position of senate president, president pro tempore, speaker, speaker pro tempore, majority or force to study the best treatment for post-traumatic stress disorder is a great beginning.” minority leader. The courts also are efficient and can save money. “Grouping veterans into a single docket makes it fea- The award is sponsored jointly by the State sible to involve the VA, veterans’ service organizations, Legislative Leaders Foundation and the National and volunteer veteran mentors in every court session,” Conference of State Legislatures and includes a says Stiner. “They also help veterans receive disability compensation through the Veterans Benefit Administra- $10,000 donation to a charity or institution chosen Assemblymember by the honoree. tion, which helps to stabilize their lives and gives them some income.” Upendra When it comes to getting help, veterans face a maze Chivukula Nominations due Friday, May 18, 2012 of options. Coordinating and consolidating services is a New Jersey (D) goal for many state lawmakers. In 2009, Texas lawmakers decided to For more information and nomination materials, pay for training and technology to help match veterans’ needs with avail- contact Papalinka Paradise at: able resources and to better coordinate services provided by the Depart- State Legislative Leaders Foundation ment of State Health Services. That was combined with a grant program Phone (508) 771-3821 to local governments and charitable organizations to establish more Fax: (508) 775-7310 seamless partnering of agencies to provide an array of needed services Email: [email protected] such as housing, legal assistance, counseling and employment help. Maryland, New York, North Carolina and Oregon set up coordi- “These courts offer veterans the opportunity to receive the benefits and services they’ve earned, while undergoing the treatment needed to be productive citizens.” —Matt Stiner, Justice for Vets Optometry Optometry Optometry

Doctors on the Frontline of Eye and Vision Care nated approaches to assisting veterans in 2011. The Oregon bill requires 11 state agencies to team up with the Oregon Military Department to provide reintegration services for veterans. Another example of coordina- Doctors of optometry are the nation’s largest eye care profession, serving patients in tion is a Maryland executive order that set up nearly 6,500 communities across the country. In more than 3,500 of these communities, a Governor’s Warrior to Worker Council of state agencies to promote the highest quality they are the only eye doctors. As primary eye care providers, optometrists perform services to veterans in the most accessible nearly 70 percent of all first-time eye examinations for Americans. and efficient manner. The work of legislatures to help veterans also is an expres- Doctors of optometry are an integral part of the health care team, earning their sion of gratitude for the sacri- doctoral degree just as dentists, podiatrists and other doctors do. Doctors of optometry fices made by those who have served, says Hawaii Represen- are trained to examine, diagnose, treat and manage diseases and disorders Representative tative Henry J.C. Aquino (D), that affect the eye or vision. who has supported several bills Henry J.C. to aid veterans as chair of the Aquino Hawaii House Committee on Hawaii (D) Public Safety and Military Affairs. “The goal is to assist veterans, active duty service members and families of those who ® protect our country’s freedom,” Aquino says.

Ed Kringer, state liaison with the Department of Defense, discusses efforts to work with states to improve the quality of life for service 1505 Prince St. Suite 300, Alexandria, VA 22314 The American Optometric Association members and veterans at www.ncsl.org/ (800)365-2219 Ext. 1343 • www.aoa.org magazine. 26 | MILITARY AFFAIRS | 04 .2012

Easing the Path to College

Specialized college services. Vets often are By Michelle Camacho Liu nontraditional students—older, with work or family responsibilities; first-generation students; eterans and members of the military returning from or from low-income households. States can overseas face a host of challenges—everything from help by providing information about financial finding a place to live to settling their children in a aid options, flexible schedules and services to new school. Nothing may be as important, however, as support them through graduation. Almost half Representative the chance to further their of those who have Ty Cullen education to improve their served since 9/11 Hawaii (D) Vjob prospects. find it difficult to With the current sluggish econ- readjust to civilian life. Last year, omy and high unemployment, veter- Arizona lawmakers created criteria ans are in a particularly tough posi- for colleges to be certified as vet- tion. The unemployment rate for vets eran supportive, such as providing who have served since 2001 is 11.5 orientation specifically for veterans, percent, compared with 8.3 percent developing resource centers, train- overall, and for those aged 18 to 24, ing peers to be mentors, and teach- it’s a staggering 31 percent. ing faculty and staff to be sensitive Lawmakers have found ways to to and aware of military culture. help those who want to go to school West Virginia also passed legisla- to improve their job prospects as tion in 2010 directing its state col- well as the more than 1 million vet- leges and universities to be “veteran erans and military members already friendly” by providing academic in college. Lawmakers have sup- and social support to veterans. ported a number of policies. Credit for service. Veterans Tuition assistance. Military life receive rigorous training and experi- often requires frequent moves, mak- ence while in the service. Lawmakers ing it difficult to establish residency in a few states are considering ways to qualify for lower tuition rates. In to simplify the system for granting response, 49 state legislatures allow college credit for that military service in-state tuition or other tuition assis- “I believe military members and training. This involves develop- tance for active military, members and their families deserve ing consistent, statewide policies of the National Guard or veterans. for providing academic credit. At Forty-four states extend these bene- some sort of aid from us in least six states have passed legisla- fits to military spouses and children. gratitude for their service to tion directing boards of education Help for kids. To support to develop these policies, and at younger military children—many our nation.” least four state legislatures—Alaska, of whom may attend several schools Florida, Georgia and Hawaii—have during their elementary and high —Representative Ty Cullen (D), Hawaii introduced similar legislation this school years—40 states have passed year. legislation to join the Interstate Compact on Educational Oppor- “I believe military members and their families deserve some tunity for Military Children. Through this compact, states can sort of aid from us in gratitude for their service to our nation,” ease the transitions between schools by allowing kids to quickly says Representative Ty Cullen of Hawaii (D), who is co-sponsor- enroll in a new school, be placed in appropriate classes, and ing one such bill. “This opportunity to make college a little more receive credit for courses to ensure on-time graduation. attractive will give them not only the tools necessary to enhance their innate and acquired abilities, but also the skills to help them Michelle Camacho Liu tracks post-secondary issues for NCSL. in the civilian workforce.” NCSLBipartisan Comprehensive Information Policy Experts States’ Advocate Unbiased Research Legislative Trainers YOUR ORGANIZATION

Facts About NCSL:

• NCSL advocates solely for states’ interests in Washington, D.C. • NCSL is the only organization that serves both legislators and legislative staff. • NCSL is bipartisan, with leadership and participation from both sides of the aisle.

• NCSL presents all sides of the issues with research based on facts, not politics. Make plans to be in Chicago, Aug. 6-9, • NCSL works to make the legislative institution stronger and more efficient. for this year’s Summit! • NCSL conducts the annual Legislative Summit, the largest, most important Learn more at gathering of legislators and legislative staff in the nation. www.ncsl.org/summit 28 | TECHNOLOGY | 04 .2012

Tweeting the Election Facebook, Twitter and other social media sites could be a powerful force in the 2012 elections.

By Meagan Dorsch

rinking coffee with supporters, kissing babies and debating opponents over social and political issues are key activities for any candidate. But they’re just so … analog. In 2012, candidates also are making sure they according to the Pew tweet events, post campaign messages and photos to Research Center’s Inter- Facebook,D allow supporters to check in at rallies on Foursquare net and American Life and air campaign videos on YouTube. Project. In less than one presidential election cycle, social media sites Although younger vot- have become a key tool for campaigns at the local, state and fed- ers tend to be “digital natives,” eral levels. McCroskey cautions, older voters “Now it is part of the national consciousness,” says Chris still are split between traditional and McCroskey, co-founder of the website TweetCongress, which online media. Candidates who throw all collects Twitter feeds from member of Congress, allowing the their resources into social media tools could public to find their congressional representative on Twitter. “It run the risk of missing some voters on the campaign is something politicians cannot separate themselves from. I think trail. from here on out, this is what you will see.” Voters saw the Obama campaign and Democrats use online Friends, Followers and Circles and social media tools effectively during the 2008 presidential In 2012, the use of social media in campaigns election, although many were still relatively unpopular. is expected to continue, increase and evolve. “I think that is why you saw a surge in Republicans adopt- “People don’t realize how important it is to have ing things like Twitter after 2008 because of how effective the an online presence. They think it is important, but Obama campaign had been,” says McCroskey. not necessary,” says South Dakota Senator Dan By the mid-term elections in 2010, Republicans and members Lederman (R). “I think it is the other way around.” of the Tea Party had caught up to, if not exceeded, the num- Lederman created a social media strategy that Senator ber of Democrats using social media; and so had the American included a blog and Facebook page in 2007. He Dan Lederman public. Almost a quarter of online adults used Twitter, Facebook carried those tools onto the campaign trail in 2008 South Dakota (R) or MySpace to connect to campaigns in 2010 or the election, and has since incorporated Twitter, Foursquare, YouTube and Flickr. The reason? To save money and reach Meagan Dorsch is the public affairs director for NCSL. more constituents than any direct mail campaign Lederman says 04 .2012 | TECHNOLOGY | 29

“It’s not just about broadcasting a message, it’s about making a connection with voters.” —South Dakota Senator Dan Lederman (R) he has used in the past. “It’s not just about broadcasting a message, it’s about making a connection with voters,” says Lederman. Idaho Senator Nicole LeFavour (D) used blogs, Facebook and Twitter in her bids for the Idaho Senate in 2008 and 2010. These tools allowed her Senator to mobilize supporters, send announcements and Nicole LeFavour recruit volunteers. Idaho (D) “It is difficult to reach a lot of people without it, and in some ways, that is sad,” says LeFavour. “It’s hard to reach everyone face-to-face, but this comes close.” “Candidates want to be able to organize, call on these people,

tures. Experts expect candidates in the 2012 election to heavily use Facebook, Twitter and even texting to raise money. For now, California is the only state that allows people to contribute to political campaigns via text. Maryland lawmakers were considering similar legislation at press time. “The regulation of Internet campaigning lags far behind how campaigns are using the Internet and new media in most states,” says Jennie Bowser, elections expert for NCSL. Bowser notes have supporters show up, instead of campaign finance laws in most states are written to address the the vast network you would have had to get more traditional avenues of campaigning, which include mail, on the ground just a few years ago to pull this off,” television, radio and phone. says McCroskey. Jon Heining, general counsel for the Texas Legislature, While there is no playbook on how to use social media dur- agrees. He told legislators and staff at NCSL’s Fall Forum last ing a campaign, candidates are creatively borrowing ideas from year that it can be difficult to comply with state statutes because one another, and are willing to experiment with new and unique it is not always clear how social media can be used in campaigns. ways to harness the power of these tools. “Current state laws really do not apply to modern political campaigns,” says Bowser. “States are working to make sure Tweeting for Dollars campaign laws are flexible so they can address ever-evolving One of those ways is using social media to raise money. technology. Facebook is not the be-all, end-all. It’s really just Lederman is using his arsenal of social media tools and mobile the beginning.” constituents to raise money not only for his own campaign, but also for other Republican candidates in the Rushmore state. Tweeting Beyond the Election The use of the Internet and social media to generate campaign Legislators caution that use of social media has to extend contributions is surpassing traditional methods and traditional beyond the campaign trail. media, according to the National Conference of State Legisla- “Our constituency will require us to have a presence on social STATE LEGISLATURES 30 | TECHNOLOGY | 04 .2012 media,” says Arkansas Senator Steve Harrelson (D), who uses his blog and Facebook account to keep his constituents informed of his votes and legislative activity. Candidates are going digital because that’s where their constitu- “It’s hard to reach ents are. According to Pew, half of all adult Internet users now have a social networking site on Facebook, MySpace or even everyone face-to-face, but LinkedIn. Senator “I’m not always looking for people, most of the time, they Steve Harrelson this comes close.” are looking for me on these sites,” says Lederman. Arkansas (D) —Senator Nicole LeFavour (D) Outside of her campaign, LeFavour has found social media is an important tool to connect with constituents, have conversations about issues and broadcast information and ideas. “I try to put a piece of myself up there so people get to know me,” she says. While data are incomplete, NCSL has identified more than 530 legislators on Twitter. Not only elected officials are using social media. NCSL has tracked 48 legislatures that currently use some form of social media, ranging from Face- book and YouTube to Blogs and Twitter. McCroskey warns that using social media to interact with voters only during an election could send a mix message. “You want to be in contact with me when you want my vote and money,” he says. “But when you are supposed to be working for me, you don’t want to communicate. That is not a good thing.”

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www.acscan.org Paid for by the American Cancer Society Cancer Action NetworkSM 04 .2012 | HEALTH | 31 Chronic Cost of Diabetes Effectively treating this epidemic could mean big savings for states and healthier patients.

higher than those who do not have the condition. Nearly 1-in-5 By Katherine Mason hospitalizations in 2008 was related to diabetes, totaling more than 7.7 million hospital stays and $83 billion in hospital costs. iabetes is killing us. The disease was the seventh leading cause of death in the More and more Americans suffer from it, and esti- United States in 2007, the most recent year for which statistics mates are that the 26 million people with the disease are available, according to the Centers for Disease Control and will cost the nation more than $200 billion this year. Prevention. The CDC notes that a person with diabetes also has Expanded health programs aimed at tipping the a shorter life expectancy than someone of similar age without scales against obesity, pre-diabetes and diabetes the disease, often because of complications that may include couldD help prevent many new cases, help those suffering from it, cardiovascular disease, kidney failure, blindness and lower limb and save state governments millions. amputations. Michigan Representative Stacy Erwin Oakes The steady increase in the number of cases is troubling. If cur- (D) knows about diabetes all too well. She was rent trends continue, by 2050, the CDC estimates that as many recently diagnosed as having prediabetes while as 1-in-3 U.S. adults could have diabetes. State budgets will feel being screened for what she thought was a preg- the effect. The estimated 10-year cost just to state budgets for nancy. Young and seemingly healthy, Oakes is a Medicaid clients with diabetes or pre-diabetes is a whopping 5-foot-9-inch former basketball player. She has Representative $111 billion. never struggled with weight or health issues until Stacy Erwin “Ultimately, whether states or the federal government are recently, and believes you’d never know her con- Oakes addressing the issue, we are facing cost and revenue issues that dition just by looking at her. Michigan (D) must be shared,” says Oakes. “In conjunction with the states and “It doesn’t look the same for every person,” Oakes says. insurance companies, we also need to make sure people are getting tested.” Cost Driver People with diabetes are more susceptible to all kinds of other Diabetes accounts for more than 10 percent of all U.S. health diseases and maladies, and once a diabetic, always a diabetic. care spending—a troubling omen for our health care economy. There is no cure. However, prevention strategies and proper treat- The medical bills of people with diabetes often are 2.3 times ment can help reduce the incidence of the disease and complications that add to the personal and fiscal burdens. Katherine Mason tracked diabetes for NCSL in 2011. Kara Hinkley now covers the issue for NCSL. “As chair of the Senate’s Health and Human Services Com- STATE LEGISLATURES 32 | HEALTH | 04 .2012 “Ultimately, whether states or the federal government are addressing the issue, we are facing cost and revenue issues that must be shared.” —Representative Stacy Erwin Oakes (D), Michigan

mittee, and a mother and grandmother, my pri- dinated care through a system that allows them to easily schedule mary concern with this condition is its prevalence appointments, and also offers expanded doctors’ hours and better among Texas youth,” says Senator Jane Nelson communication with providers. (R). “About 26,000 children have been diagnosed Proponents of this model of care see its significant poten- with diabetes, and the number of adult Texans tial for reducing overuse and misuse of services and improving diagnosed with the condition is expected to qua- patients’ health, all of which reduce costs. Senator druple within 30 years—encom- At least 29 state legislatures have enacted Jane Nelson passing nearly a fourth of our legislation on medical homes in the last several Texas (R) state’s population by 2040.” “My primary years. Twenty-two states have tested one or more public, private or public-private medical home Prevention First concern with pilot programs. Most helpful in preventing or delaying the In recent years, lawmakers have enacted mea- onset of Type 2 diabetes is a healthy lifestyle. this condition is sures dealing with the certification of medical One-third of U.S. adults—72 million peo- its prevalence homes, authorized Medicaid pilot programs, ple—and 17 percent of U.S. children are obese, appropriated funds to create them, established and that is a major risk factor for diabetes, as among Texas advisory panels to study them, and protected them well as for cardiovascular disease and some from anti-trust litigation. types of cancer. youth.” State strategies to reduce the incidence of Training and Education obesity, such as promoting access to healthy —Senator Jane Nelson (R), Other efforts include education programs for foods and physical activity in communities and Texas people with diabetes to help them better self-man- schools, help reduce the risk of diabetes. age the disease to prevent serious complications. Self-manage- In addition, the federal health reform law contains numer- ment programs may be the first line of defense in preventing these ous provisions to promote health and wellness, including grants pricey and debilitating conditions, and also in thwarting expensive to states to invest in prevention and incentives in Medicaid to emergency room visits from low or high blood sugar reactions. help enrollees adopt healthy behaviors. The law also increased A few states provide self-management training through their incentive levels for employer-based wellness plans that offer Medicaid programs. In 2009, New York lawmakers gave the employee rewards of up to 30 percent of the cost of insurance state’s nearly 300,000 diabetic Medicaid patients the opportunity coverage for participating in a wellness program and meeting to learn how to better self-manage their disease. In January 2011, certain standards, such as weight control. the state expanded its Medicaid reimbursement criteria to allow Some states also have created statewide diabetes action plans. diabetes self-management training. In 2011, Kentucky and Texas passed legislation to develop such Texas lawmakers created an educational pilot program for plans. about 2,000 people with diabetes in 2009. The program allows “CDC estimates that 79 million Americans have pre-diabetes Medicaid to cover 10 hours of self-management education, with and another 26 million have diabetes,” says Ann Albright, direc- the option for further follow-up care. tor of the Centers for Disease Control and Prevention’s Division Pharmacists, too, are playing a role in fighting diabetes, since of Diabetes Translation.” Strong community programs and poli- medication is so important in its treatment. When pharmacists cies that support healthy eating and physical activity can help from Asheville, N.C., were allowed to work with patients cov- many of them avoid the devastating toll of diabetes. The stakes ered by a city health plan, the diabetics’ health improved. For are too high to fail.” every $1 the city invested in the plan, it saved about $4. New Mexico is one of the few states that licenses “pharmacist A Promising Model clinicians”—pharmacists who receive additional training in cer- The use of medical homes is a promising model for treating tain diseases and can prescribe medication. They are particularly diabetes. It teams primary care doctors with specialists, nurse helpful in managing diabetes. practitioners, physician assistants, nurses, dietitians, pharmacists and mental health professionals to treat all aspects of the patient’s health. The approach considers not only medical prob- Learn more about state efforts to combat the diabetes epidemic, lems, but also the social and emotional issues that may be con- including prevention and treatment strategies, at www.ncsl.org/ magazine. tributing to the patient’s poor health. Patients receive more coor- 04 .2012 | FOR THE RECORD: CHARMAINE YOEST | 33

“We will build on our legislative and litigation success of 2011.”

harmaine Yoest is the president legislators with legally sound language to of Americans United for Life, a prohibit virtually all potential direct and pro-life organization founded in indirect use of taxpayer dollars for abortion, 1971. She holds a Ph.D. in politi- abortion counselling or abortion referrals. cal science from the University of Virginia and came to Ameri- SL: Do you think the pro-life movement Ccans United for Life three years ago after has more support at the state level than in working as an adviser to the presidential the past? campaign of Mike Huckabee. She also has worked as project director of the Family, Yoest: In November 2010, Americans Gender and Tenure Project at the University across the nation voted for strong pro-life of Virginia, and as a vice president at the candidates, and many state legislative cham- Family Research Council, one of the largest bers, as well as the U.S. House of Represen- pro-family public policy organizations in the tatives, became demonstrably more pro-life. country. As a result, in 2011, an historic number of American United for Life recently pro-life state laws were enacted. AUL saw released the report “The Case for Investigat- 28 pieces of legislation based on its models ing Planned Parenthood,” which led to an pass. We expect this life-affirming trend to investigation of Planned Parenthood by the continue in 2012. U.S. House Energy and Commerce Com- mittee. SL: What do you see as the key consequences of stopping state funding for State Legislatures: Why was the Indiana Planned Parenthood? vote to cut Medicaid funding for Planned Parenthood an important one? Yoest: Again and again, Planned Parenthood has proven that it is not the defender of women’s rights and health that it holds itself out to Yoest: The law received convincing support in the legislature— be. Importantly, money that has been going to Planned Parenthood which voted 66-to-32 in favor of the measure—because an over- and its affiliates will now go to community health centers and other whelming number of Americans, 72 percent in one poll, do not want health care providers that are actually providing comprehensive care their tax dollars used to fund or subsidize abortion. The debate and to the underserved and vulnerable. Women will receive better care vote in Indiana strongly reinforced this sentiment and raised legiti- and America’s true health care heroes will receive the financial sup- mate questions about whether or not Planned Parenthood affiliates in port they both need and deserve. Indiana and across the nation have been misusing taxpayer dollars. Notably, Indiana was the first of nine states to take action in 2011 to SL: What effect do you think the debate in Congress last year over eliminate or limit taxpayer funding for Planned Parenthood and other defunding Planned Parenthood had on this issue in the states? abortion providers. Yoest: The U.S. House of Representatives’ February 2011 vote to SL: Do you anticipate more such legislation this year? defund Planned Parenthood both reflected similar actions in the states and encouraged similar state actions. Congress and state leg- Yoest: Currently, one of our most popular pieces of model legisla- islatures were reacting to strong support among their constituents to tion is our new Abortion Subsidy Prohibition Act, which provides ensure taxpayer dollars are not funding or subsidizing abortion.

STATE LEGISLATURES 34 | FOR THE RECORD: CHARMAINE YOEST | 04 .2012

SL: What is the political strategy for the pro-life movement in the next SL: How do you respond to critics who say the government should stay year? out of personal health decisions?

Yoest: The pro-life movement will ensure that the protection of life is a Yoest: Clearly, one effective way for the government to fulfill this man- central issue in the 2012 elections. We also will build upon our legislative date is for it to end taxpayer funding for abortion providers. It should and litigation successes in 2011—successes that protect women from the not subsidize Planned Parenthood nor encourage women to patronize or harms and abuses inherent in abortion, that provide legal recognition and Americans to support it. protection for the unborn, and that lay the groundwork for Roe’s ultimate reversal. Specifically, we will continue our work at the state level to enact Editor’s note: These interviews are part of a series of conversations with common-sense and protective laws such as prohibitions on state funding opinion leaders. They have been edited for length and clarity. The opin- of abortion and abortion providers, informed consent requirements and ions expressed are those of the interviewees and not of NCSL. parental involvement mandates. You can read previous interviews at www.ncsl.org/magazine with:

U.S. House Former Planned Parenthood Americans For Tax Richard Ravitch, Donna Brazile Carl Rove Jacques Chagnon Speaker Florida Governor President Reform President Former New York Author and Author and Quebec National John Boehner Jeb Bush Cecile Richards Grover Norquist Lieutenant Governor political analyst political analyst Assembly President WWW.NCSL.ORG/BOOKSTORE

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“If you need more than 240 handguns, then I would submit something’s wrong with you. Something’s gone wrong in your life.” —Virginia Senator Richard L. Saslaw (D) about a Senate bill to allow people to buy more than one handgun a month, in the Richmond Times Dispatch. H TC PA ST DIS PO IS LOU E ST. H , T ON TS MA J R

T “You’re there to be educated. You’re not there to talk

OURAN smack.” D C

OR —Arizona Senator Lori Klein (R) on her proposed legislation to punish TF public school teachers if they use words that violate the obscenity and HAR E

H profanity guidelines set forth by the Federal Communications Commission, T, T in the New York Daily News. HAR E NGL E “You hear these kinds of comments from a rookie BOB freshman [in the Legislature] who doesn’t understand the process.” —California Assemblyman Charles Calderon (D) responding to criticism “We should walk the talk.” from California Chief Justice Tani Cantil-Sakauye over passage of a bill —New Mexico Representative Dennis Kintigh (R) about his proposal to that removes power from the Judicial Council, in the Sacramento Bee. increase the amount legislators contribute to their pension plans, from the Associated Press.

“The waiver will allow Indiana the flexibility to innovate and make decisions that are right for Indiana. Washington doesn’t have all the answers.” —Indiana Representative Ed Clere (R) on Obama’s decision to give 10 states waivers from some of the requirements in the No Child Left Behind act, in the New Albany News and Tribune.

“I’m probably the first person to give up a safe seat to run for a split one. This will be one of those rare

things in Nevada politics: a truly competitive race.” S OON

—Nevada Senator Sheila Leslie (D) on her resignation from her Senate T seat to run against appointed GOP Senator Greg Bower in evenly AR E C

divided Senate District 15, in the Las Vegas Sun. AGL IKE KEEFE, C M

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