Stateline

Vol. 27, No. 10 • November 2018

MidwestTHE MIDWESTERN OFFICE OF THE COUNCIL OF STATE GOVERNMENTS

INSIDE CSG Midwest Issue Briefs 2-3 Legislative year in review • Health & Human Services: Wisconsin launches diversion program to curb opioid crisis State-by-state recap shows Midwest’s legislators tackling some of • Great Lakes: New federal law advances plans to modernize Soo Locks, stop Asian carp the nation’s biggest issues, from school safety to labor shortages • Economic Development: North Dakota eyes scholarships, loan forgiveness to attract workers by CSG Midwest staff ([email protected]) • Agriculture & Natural Resources: Law on- corporate farming withstands legal challenge Illinois expands reach of Firearm death rates by state, 2016 state-appointed emergency manager is Around the Region 4 medical marijuana, adopts (deaths per 100,000 residents) in charge of the system. (Indiana law A review of noteworthy takeaways allows for state takeovers of financially from fall elections in the Midwest new laws on guns distressed local units of government.) 11.9 The General Assembly’s regular 2018 7.6 Capital Closeup 5 assage of an on-time, bipartisan session included the passage of new laws States’ use of ‘outcome monitoring’ can 13.4 11.4 12.3 that focus on meeting the state’s labor help inform, improve budget decisions budget for fiscal year 2019 was per- 9.2 needs. SB 50 creates a governor’s cabinet to haps the most notable development 9.1 P 12.9 Question of the Month 5 in Illinois, where differences in past years 11.7 15.0 assess and realign various state workforce programs and services, while HB 1002 Do any states in the Midwest have Good between the Democrat-led legislature and 13.4 Samaritan laws for people who save animals? Republican Gov. Bruce Rauner had led to establishes a new grant program for companies that provide workforce training. a protracted stalemate. Source: U.S. Centers for Disease Control and Prevention Profile 8 The latest budget had no tax increases Other high-profile actions included Indiana Senate Majority Floor Leader Rodric Bray (the legislature raised corporate and indi- the passage of SB 99 and SB 340. and their health providers, a medicinal SB 99 tightened the state’s civil for- FirstPerson 9 vidual income tax rates in 2017, and those alternative to opioids. remain in place), included almost $600 feiture law — for example, requiring Nebraska Sen. Anna Wishart on how her state is prosecutors to file an affidavit of probable preparing for a future with autonomous vehicles million in cuts, put an additional $350 mil- lion into the state’s K-12 schools (as required cause within seven days of the seizure CSG News & Events 10 under Illinois’ recently revamped funding Indiana takes next steps in of property and moving up the deadline Interstate commission focusing on improvements formula), and invested $50 million more in takeover of two troubled for prosecutors to file actions that could to Midwest’s passenger rail system early-childhood education. result in the forfeiture of property. school districts SB 340 places additional requirements on Capitol Clips 12 While it was a relatively quiet fiscal year, Illinois lawmakers took high-profile actions abortion providers, who must notify the state uring a one-day special session this • Ohio, Wisconsin target elder abuse in other policy areas, including guns and if complications arise from the procedure. • South Dakota offering in-state tuition to Iowans year, Indiana lawmakers adopted opioids. The law has been blocked by a federal judge. • Wisconsin gets OK to change Medicaid program legislation that changes how two of The state’s new laws on guns were passed D • Midwest’s ethanol industry may get E15 boost the state’s larger, financially distressed in the wake of this year’s mass shooting at school districts are governed. a high school in Florida. Under the state’s HB 1315 gave Ball State University the Iowa legislators cut taxes, new “red flag” law (HB 2354), for example, authority to assume control of Muncie deepen investment in family members and law enforcement can Community Schools, a district that was water quality Stateline Midwest is published 11 times a year initiate a judicial hearing to temporarily placed under state control in 2017. The by the Midwestern Office of take away an individual’s gun. Judges can university has since created a new school The Council of State Governments. then issue a “firearms restraining order” board to govern the system. The same axes and water quality were two Annual subscription rate: $60. (in effect for six months) if they find clear legislation turned the school board in of the issues tackled by the Iowa To order, call 630.925.1922. and convincing evidence that an individual Gary, Ind., into an “advisory board.” A TLegislature this year. “poses a significant danger of personal injury to himself, herself or another.” PLEASE TURN TO PAGE 6 SB 3256, meanwhile, establishes a new In Iowa (state capitol pictured to the 72-hour waiting period on all firearm left) and states across the Midwest, purchases; a third measure calling for CSG Midwestern Office Staff legislatures made decisions in 2018 stricter regulations of gun dealers (SB 337) with big consequences for their Michael H. McCabe, Director was still awaiting action by the governor as states’ futures and the everyday lives Tim Anderson, Publications Manager Jon Davis, Assistant Editor/Policy Analyst of October. of citizens — for example, tax policy Cindy Calo Andrews, Assistant Director This year, too, the General Assembly cre- in Iowa, school funding in Kansas, Ilene K. Grossman, Assistant Director ated a pilot program that expands the state’s pension reform in Minnesota, Lisa R. Janairo, Program Director medical marijuana program to include and workforce development Laura Kliewer, Senior Policy Analyst in Indiana and Michigan. Gail Meyer, Office Manager people dealing with chronic pain. The idea Laura A. Tomaka, Senior Program Manager behind SB 336 is to give these individuals, Kathy Treland, Administrative Coordinator and Meeting Planner CSG MIDWEST ISSUE BRIEFS

Issue Briefs cover topics of interest to the various groups and policy committees of CSG Midwest, which provides staff support to the Midwestern Legislative Conference, Great Lakes-St. Lawrence Legislative Caucus, Midwest Interstate Passenger Rail Commission and Midwestern Radioactive Materials Transportation Committee. Health & Human Services | Criminal Justice & Public Safety

diversion programs. Five diversion “pathways” have To address the opioid epidemic, Rate of opioid overdose deaths been identified, he says: Wisconsin launches pre-booking related to fentanyl (2017) diversion program in select areas • Self-referral: Someone turns himself/herself in to police, without fear of arrest. hree Wisconsin law enforcement agencies 28% • Active outreach: Law enforcement identifies are beginning a statewide experiment in get- 25% individuals and helps get them into treatment. ting people who commit nonviolent crimes T 24% 33% • Naloxone plus: Treatment is part of the response because they’re addicted to drugs into treatment 52% to an overdose or to a severe substance abuse disorder. rather than prison. 32% • Officer prevention: Law enforcement initiates the The “Pre-Booking Diversion Pilot Program,” a key 30% 64% treatment option and no charges are filed. recommendation in a 2016 report of the Governor’s 47% 38% • Officer intervention: Law enforcement initiates Task Force on Opioid Abuse, will split $267,000 in state the treatment option, and charges or citations are funding annually over two years between a sheriff’s 18% held in abeyance, with a requirement for completion office and two city police departments. of treatment. The intent is to “catch these people in early stages * Fentanyl is a synthetic opioid that was involved in almost half of more when they’re a low risk to the community, but with a than 72,000 drug overdoses in the United States in 2017 — up from 6 Illinois’ SB 3023, enacted in August, “is the high need for treatment,” and get them into treatment percent of more than 41,000 drug overdoses in 2012, according to the only comprehensive legislation” in the country that U.S. Centers for Disease Control and Prevention. before they enter the criminal justice system, says authorizes deflection programs and is the first law in Renee Lushaj, a justice system improvement specialist Source: Pew Charitable Trusts (from federal data) the country to allow communities to choose from any with the Wisconsin Department of Justice. of the five pathways, Charlier says. This kind of intervention should lower criminal Only 600 of 18,000 police departments nationwide Ohio, where the Naloxone-plus pathway was justice- and health-related costs due to fewer people have diversion programs, says Jac Charlier, executive developed, provided $3 million in its two-year budget being imprisoned, fewer emergency calls, and fewer director of the Chicago-based Center for Health & for local Drug Abuse Response Teams. These teams overdose cases, she says. Between 25 and 50 people Justice at Treatment Alternatives for Safe Communities. of law enforcement officers, drug treatment providers are expected to be diverted annually before the pilot “We’re very early in. The field is no more than six and others are assigned to opioid “hot spots” and assist program expires at the end of 2019, Lushaj adds. years old,” says Charlier, whose center works to promote overdose survivors in the recovery process.

Brief written by Jon Davis, who can be reached at [email protected]. The Health & Human Services Committee’s co-chairs are Illinois Rep. Robyn Gabel and Kansas Rep. Susan Concannon; the vice chair is Nebraska Sen. John McCollister. The Criminal Justice & Public Safety Committee’s co-chairs are Illinois Sen. Mattie Hunter and Nebraska Sen. Laura Ebke; the vice chair is North Dakota Rep. Shannon Roers Jones. Great Lakes

the nonprofit Northeast-Midwest Institute’s Great Soo Locks authorization, key List of select federal initiatives related Asian carp project included in Lakes Washington Program. to the Great Lakes, water resources recently signed federal law The recently signed WRDA, meanwhile, au- thorizes full funding for modernization of the Soo Funding bipartisan deal on how to manage the Locks, a linchpin of commercial navigation in the Program level Description (FY 2018) nation’s water resources has potentially big Great Lakes. Authorization is considered an essen- Aimplications for the Great Lakes and the tial step toward Congress ultimately appropriating Great Lakes Accelerate restoration region’s states — authorization of a nearly $1 billion Restoration $300 million efforts, target biggest money for the $922 million project. Initiative threats to ecosystem project at the Soo Locks, movement on a plan to stop Another high-priority proposal in this region Asian carp, and more money to protect drinking water. would address concerns about Asian carp reaching Clean Water $584 million Provide grants/low- Signed into law in October, the Water Resources the Great Lakes. The U.S. Army Corps of Engineers State Revolving (in the 8 Great interest loans to protect Fund Lakes states) water quality Development Act (WRDA) also establishes new has a “temporarily selected plan” to install a mix of programs to research the eradication of zebra mus- structural and nonstructural barriers at the Brandon Drinking $230 million Provide grants/low- Water State (in the 8 Great interest loans to ensure sels and Asian carp and to explore technologies that Road Lock & Dam (part of the Chicago Area Waterway Revolving Fund Lakes states) safe drinking water prevent harmful algal blooms in the Great Lakes. System). Most Great Lakes states support the Brandon The WRDA and its various provisions reflect the Road project, but the host jurisdiction, Illinois, has Great Lakes Faciliate cross-border continued strength of the bipartisan Great Lakes Fishery $21 million cooperation to improve, expressed reservations about costs, as well as the Commission perpetuate fishery delegation within the U.S. Congress. This group also impact on navigation and the regional economy. has helped fend off multiple proposals by the Trump The WRDA requires the Army Corps to “consult Source: Northeast-Midwest Institute and CSG Midwest research administration to gut the Great Lakes Restoration with the governor of the state in which the project is Initiative. In his most recent budget proposal, Trump constructed” and boosts the federal cost-share for the ties will have more federal resources (in the form of called for eliminating the initiative altogether. project — up to 80 percent for operation-and-mainte- low-interest loans and grants) to upgrade their drink- “It’s possible that there will be cuts to the overall nance costs. (The typical cost-sharing arrangement is ing water infrastructure — if actual appropriations [FY 2019] budget for the [U.S.] Environmental 65 percent federal and 35 percent local.) Michigan and for the Drinking Water State Revolving Fund meet Protection Agency, but every indication is that fund- other Great Lakes jurisdictions also have expressed an authorization levels set in the new WRDA. The level for ing for the GLRI will stay at its current level of $300 interest in helping fund the project. FY 2021 is $1.95 billion. In comparison, $1.16 billion million a year,” says Matthew McKenna, director of Lastly, over the next three years, states and locali- was appropriated in FY 2018.

Brief written by Tim Anderson, who tracks state and federal bills for the Great Lakes-St. Lawrence Legislative Caucus. He can be reached at [email protected] . CSG Midwest provides staff support to the nonpartisan, binational caucus. Michigan Sen. Darwin Booher serves as caucus chair. More information is available at greatlakeslegislators.org.

2 STATELINE MIDWEST NOVEMBER 2018 Economic Development

In North Dakota, lawmakers eye In contrast, he says, loan forgiveness would go to scholarships, loan forgiveness M “proven graduates who will actually be in the field to deal with workforce shortages S helping fill the workforce gap.” The downside: The incentive is less tangible and requires students to n North Dakota, two features of the state’s 2.7% take on debt during their school years. economy have persisted for years now: some Beadle prefers the scholarship idea; Bekkedahl 2.8% Iof the lowest jobless rates in the nation, and favors loan forgiveness. workforce shortages challenging individual 3.0% 3.0% According to Rep. Jason Dockter, vice chair of 4.0% employers and entire economic sectors. the Interim Taxation Committee, choosing between 2.5% “By most estimates, we have over 20,000 unfilled 2.8% those two options will frame much of the legislative 4.6% jobs,” notes North Dakota Sen. Brad Bekkedahl. 4.1% 3.5% discussion next year. Would scholarships or a loan-forgiveness Dockter says he would like North Dakota to program — with some strings attached — help fix 3.3% pursue the loan-forgiveness approach because “it this mismatch between worker supply and demand? brings some more accountability to the workers … And which of these two options would work best? and helps the legislature track the program and [its Those questions were explored during the effectiveness].” legislative interim and will likely emerge again when Some of the state’s workforce shortages are due to lawmakers convene in early 2019. Source: U.S. Department of Labor Statistics a rise in oil-exploration activities, but Bekkedahl says Proposals envisioned by the interim Taxation labor needs extend beyond the oil fields of western Committee would create a public-private partnership their education or training. Qualifying students North Dakota. He points to shortages in health care, that raises up to $20 million per biennium ($1 in would receive financial assistance equivalent to the professional services, the construction trades, and public funds, via the state-run Bank of North Dakota, cost of up to four semesters of tuition. the technical and manufacturing sectors. for every $1 raised by the private sector). Some legisla- “What I like about the scholarship [idea] is that “I can see the [public-private partnership] as tors believe that money should go to students in the you have a tangible carrot for that student on the front being another tool in the toolbox to help attract and form of a scholarship; others prefer loan forgiveness. end; it provides an incentive now,” North Dakota Rep. retain students and establish careers here,” Bekkedahl Either way, the new partnership would target Thomas Beadle says. says. “It doesn’t by itself solve our workforce shortage assistance to students entering career fields of critical He adds, though, that there are more risks — for issue, but I like that it is targeted to existing workforce need; in return, they would need to remain in North example, identifying young people who end up needs and provides a recruitment incentive to live Dakota for at least three years after completion of leaving school or switching the focus of their degrees. and work here.”

Brief written by Laura Tomaka, staff liaison to the Midwestern Legislative Conference Economic Development Committee. She can be reached at [email protected]. The committee’s co-chairs are South Dakota Sen. Kevin Killer and Michigan Sen. Ken Horn; the vice chair is Ohio Rep. Dave Greenspan.

Agriculture & Natural Resources

Anti-corporate-farming law still Dakota can qualify for the state’s family-farm S exception. The judge, however, did sever the law’s standing, still being challenged language on “domestic corporation” and “domestic n the 1930s, farmers throughout the Midwest limited liability company,” saying the term “domes- were going out of business in record numbers, tic” gave preference to in-state entities. and corporations were buying the farmland at I Three years ago, the North Dakota legislature rock-bottom prices. In response, several Midwestern sought to loosen the state’s anti-corporate-farming states passed bans on corporate farming and foreign law with passage of SB 2351. It allowed corporations land ownership. One of the first was North Dakota — to own pork and dairy operations of up to 640 acres. via an initiated measure approved by voters in 1932. “We were hoping to give smaller farmers the That Depression-era law has faced a mix of tools to survive in modern markets and allow legislative and legal challenges over the past three years, but it’s still standing. extended family to invest,” notes Sen. Terry Wanzek, Most recently, in September, U.S. District Court an author of that bill. One year after SB 2351 became law, however, North Dakotans, by a wide margin, Judge Daniel Hovland issued a decision in a closely R watched case that pitted the state against the North “vetoed” the measure through a ballot referendum. The 1932 anti-corporate-farming law remains Dakota Farm Bureau. N popular in North Dakota, but legal challenges con- Hovland’s ruling allowed both sides in the case to claim victory. But for Attorney General Wayne tinue. The oil-pipeline company Dakota Access, LLC, Stenehjem, the bottom line was this: North Dakota’s N is currently fighting efforts by the state to force a sale law has been upheld, with no fundamental changes of Cannonball Ranch. Located on the route of a new in how his office has been enforcing it. pipeline, this ranchland was the site of anti-pipeline “[We] will continue to permit qualifying family Hovland said the phrase “or operating” distin- protesters. In response, Dakota Access says, it bought corporations to take advantage of the family farm guishes North Dakota’s statute from laws in Nebraska the land to protect the safety of pipeline workers. exception,” Stenehjem said after the decision. and South Dakota that have been ruled unconsti- The attorney general’s office says the company’s That exception to the general ban on corporate tutional violations of the Commerce Clause. Those ongoing ownership of the land is illegal; Dakota farm ownership dates back to 1981. To qualify, family two states had explicit language requiring a physical Access counters by saying the state’s anti-corporate- members in the corporation must be within a “certain presence on the farm; North Dakota’s law does not. farming law is unconstitutional and that the degree of kinship,” and at least one of the shareholders Because agricultural operations can be conducted company qualifies for an industrial and business must be “residing on or operating the farm or ranch.” remotely, Hovland noted, a nonresident of North purpose exemption.

Brief written by Carolyn Orr, staff liaison to the Midwestern Legislative Conference Agriculture & Natural Resources Committee. She can be reached at [email protected]. The committee’s co-chairs are Iowa Sen. Kevin Kinney and Minnesota Rep. Paul Anderson; its vice chair is Illinois Rep. Norine Hammond.

STATELINE MIDWEST NOVEMBER 2018 3

AROUNDAROUNDTHE THE REGION REGION Takeaways from this year’s state elections in the Midwest M

Democrats gain in some Nebraska becomes 8th 1000 states, but GOP still holds state in region to expand 1 strong majorities in most 3 Medicaid eligibility

The Midwest’s 20 partisan legislative chambers After several failed attempts to get a Medicaid 800 have a total of 1,501 seats, and Republicans will expansion law approved by Nebraska’s Unicameral occupy more than 60 percent of them in 2019. Legislature and governor, supporters of the idea In this fall’s elections, Democrats did have a took it directly to the voters — and won. As a net pickup of about 50 state legislative seats in this result, the state must expand its public health 00 region, led by double-digit gains in Minnesota insurance program to cover adults between the and Michigan. Still, Republicans have held onto ages of 19 and 64 with income levels at or below their seat gains from the “wave” election of 2010 138 percent of the federal poverty level. Legislators (see line graph). will have to appropriate an estimated $52 million The partisan shift in Minnesota means over the next biennium to fund the expansion. 00

Democrats now enjoy a majority in the House, As a result of the vote in Nebraska, there are now 1 1 1 1 2001 200 200 200 200 2011 201 201 201 201 while Republicans maintain a one-seat advantage only three Midwestern states that have not expanded R in the Senate. It will be the only state in the nation their Medicaid programs under the U.S. Affordable with a split legislature. (According to the National Care Act: Kansas, South Dakota and Wisconsin. Conference of State Legislatures, the last time (According to the Kaiser Family Foundation, that the United States had only one divided state Wisconsin does cover some childless adults.) legislature was 1914.) M In 2019, parties will be sharing power in three other Midwestern states as the result of Major redistricting Democratic wins in the Kansas, Michigan and 4 changes come to two Wisconsin governor races. Each of these states Midwestern states has a Republican-controlled legislature and, prior to the 2018 election, had a GOP governor. In another closely watched ballot proposal in The other party shift from this year’s gubernato- Michigan, voters chose to overhaul their state’s rial races occurred in Illinois, where incumbent redistricting process, taking it out of the hands Republican Gov. Bruce Rauner lost to J.B. Pritzker, of the Legislature and handing control to a the Democratic candidate. 13-member commission. Regionwide, Republicans hold a slight major- These commissioners will be randomly selected ity of the governors’ offices (six vs. five for the from a pool of registered voters — four Democrats, R Democrats). The GOP has majorities in all but four Republicans and five unaffiliated, independent members. The Michigan secretary of state will three of the Midwest’s partisan legislative chambers — the lone exceptions being the Illinois House oversee the selection process. Partisan elected officials, lobbyists, employees of the Legislature, M and Senate and the Minnesota House. Further, R Republicans hold more than 70 percent of the and party officials will not be eligible to serve on seats in eight of the region’s legislative chambers: the redistricting commission. N Indiana Senate, Kansas House and Senate, North This constitutional amendment received ap- Dakota House and Senate, Ohio Senate, and South proval by more than 60 percent of Michigan voters. Dakota House and Senate. This spring, voters in Ohio approved big changes to that state’s redistricting process. The legislatively referred constitutional amendment Recreational use of M marijuana approved in encourages a bipartisan approach to how con- 2 gressional maps are drawn — by requiring any first Midwestern state new U.S. House district lines to be approved by a three-fifths “yes” vote in the Ohio House and Michigan is the first state in the Midwest to Senate. Those “yes” votes must include support legalize the recreational use of marijuana for from at least half of the members of each of the individuals 21 and older. The November ballot state’s two largest political parties. proposal, which also allows people to grow up to If the General Assembly does not approve a 12 marijuana plants for personal use, won by a plan, congressional redistricting is turned over to margin of 56 percent to 44 percent. a commission: the governor, secretary of state, state Under this new law, the state will create a auditor and four legislative representatives from licensing system for marijuana businesses, with both parties. Any commission-drawn map will retail sales subject to a tax of up to 10 percent. Local require “yes” votes from at least two Republican R governments will have the authority to ban stores and two Democratic members. If the commission within their jurisdiction from selling marijuana. cannot reach an agreement, the General Assembly Michigan already was one of five Midwestern regains control of the process. At this stage, a new * Partisan control ipped as a result of the 2018 elections. Gubernatorial states — Illinois, Minnesota, North Dakota and elections were held this year in every Midwestern state except Indiana map can be approved with a simple majority vote, and North Dakota. Ohio are the others — with broad laws allowing but it would then to have comply with several for the use of medical marijuana. It now joins nine “anti-gerrymandering requirements” and expire states outside the Midwest that permit recreational after only two general elections. use. Conversely, North Dakotans soundly rejected In 2015, Ohio voters approved a change requir- a legalization proposal this fall, by a vote of 59 ing bipartisan support of any commission-drawn percent to 41 percent. plans for state legislative districts.

4 STATELINE MIDWEST NOVEMBER 2018 CAPITAL CLOSEUP

Outcome monitoring can help states set budget priorities

by Jon Davis ([email protected])

he Pew Charitable Trusts and the Chicago- 2011), uses the Pew-MacArthur Results First Across the Midwest, many state agencies maintain based John D. and Catherine T. MacArthur cost-benefit analysis as one of three measurements their own performance data dashboards. Some states TFoundation teamed up in 2010 in the “Results of program effectiveness, along with the Illinois provide a portal with links to agencies’ dashboards First Initiative” to help states implement and make use Performance Reporting System — which tracks rather than making a user look agency-by-agency. of cost-benefit analyses. The goal was (and is) to help performance measures from 400 different state Examples include Data Iowa, KanTrack (Kansas), them identify policies and programs which evidence programs — and the State Program Assessment OpenMichigan and Nebraska’s open data page. shows are working. Rating Tool. Data dashboards are high-profile and a good way By 2014, the initiative identified five key compo- Per its annual report for FY 2018, the commission for the public to see what’s going on, but they’re “really nents of evidence-based policymaking: assessed Illinois’ adult criminal justice a tool in the greater-outcomes monitoring system,” program assessment, budget develop- Capital Closeup programs — a process deemed suc- says Sara Dube, director of the Pew-MacArthur ment, implementation oversight, tar- cessful enough to warrant its expansion Results First Initiative. geted evaluation and, especially, outcome into assessments of juvenile justice and For example, Wisconsin Gov. Scott Walker, in a monitoring. substance abuse programs. March 2016 executive order, directed agencies under Earlier this year, Pew singled out Minnesota was cited for the his control to develop dashboards that report on each Illinois and Minnesota for their use of “Minnesota Dashboard” — a website agency’s performance on core agency functions and outcome monitoring and evidence-based maintained by the Management and put them online for the public to see. decision-making during their respective Budget agency that tracks 40 key indica- Dube says Wisconsin is also a Midwestern leader budget cycles. tors of how well the state’s government, economy, in outcome monitoring, not only because all agencies Illinois was noted for its “Budgeting for Results” education and public health systems are performing. report their data quarterly, but because the state goes performance-based system, established by SB 3660 Policies and programs resulting from the dash- a step further: Agency heads meet on a semi-annual of the 2010 legislative session (signed into law by board include the Results for Children dashboard, basis to discuss progress, and agency staffers who then-Gov. Pat Quinn on July 1 of that year). In its own which tracks outcomes for key populations from early review the data also attend those meetings, which language, the Budgeting for Results law requires “a childhood through postsecondary education, and the means they can elucidate or explain discrepancies in method of budgeting where each priority must be justi- Homework Starts with Home initiative to end student the data, she adds. fied each year according to merit rather than according homelessness. “There’s an incredible appetite for all things to the amount appropriated for the preceding year.” Outcome monitoring also helped legislators al- evidence [based]. I think outcome monitoring is a This process has been incrementally implemented locate $12 million in additional funding in the state’s good example of that,” Dube says. in seven “result areas”: education, economic develop- current biennial budget for home-visiting services ment, environment and culture, government services, for pregnant and parenting teens, to help reduce the health care, human services and public safety. number of babies with low birthweight and lower rates Capital Closeup is an ongoing series of articles focusing on The BFR Commission, established by HB 5424 of of maternal depression while increasing the number institutional issues in state governments and legislatures. the same session (signed by Gov. Quinn in February of mothers who breastfeed for at least eight weeks. Previous articles are available at csgmidwest.org. QUESTION OF THE MONTH

not only animals, but of children found in a locked, QUESTION: Do any states in the Midwest have Good Samaritan laws unattended vehicle. The statutes in Kansas (HB 2516, signed into law earlier this year) and Wisconsin (AB for individuals who take actions to save animals? 308 of 2015) provide immunity to people who save vulnerable animals or people of any age.

Good Samaritan laws offer legal safeguards to people Indiana’s HB 1085, on the other hand, is specific to who help others they believe might be injured, sick or S animal rescues. Signed into law in 2017, it confers civil in peril. In some states, these laws have been expand- and criminal immunity for breaking into a vehicle to ed to provide liability protections for people who take save an animal, but the person who did so may have actions to protect “companion” or “domestic” animals to pay one-half of the costs of any vehicle repairs. left unattended in parked vehicles — in conditions where the animals’ lives could be in danger. The Animal Legal and Historical Center notes that in most states, people who leave animals unattended According to the Animal Legal and Historical Center in a vehicle, and in dangerous conditions, are subject at the Michigan State University College of Law, to no more than a fine or misdemeanor. Among the these animal-rescue laws fall into one of two cat- Midwestern states, the center found three states egories: 1) provide legal protections for all people with specific penalties — Class C misdemeanor in who seek to rescue animals in unattended vehicles, Illinois (for a first offense), petty misdemeanor in if certain conditions are met; or 2) provide legal Minnesota, and an infraction in North Dakota. protections only for law-enforcement officers who seek to rescue these animals. State provides legal protections to law Two states outside this region, New Jersey and Vir- enforcement, rst-responders and/or animal ginia, provide for criminal penalties for individuals who rescuers who forcibly enter vehicle The center lists Indiana, Kansas, Ohio and Wisconsin leave an animal in a vehicle in dangerous conditions. as among the 13 U.S. states that extend protections State extends legal protections to “Good New Hampshire makes the first offense a misde- to all people. Under all four of the Midwest’s “Good Samaritan” citizens who forcibly enter vehicle meanor, but subsequent offenses are a Class B felony. Samaritan” laws (each enacted within the last four No law found years), a person must reasonably believe that the ani- Question of the Month response by Ilene Grossman, mal in the unattended vehicle is in imminent danger. Source: Michigan State University Animal Legal & Historical Center CSG Midwest assistant director. She can be reached at A person also must take certain actions to receive authorities in another way; and stay with the animal [email protected]. Question of the Month highlights immunity protections: determine that the vehicle until first responders or law enforcement arrive. an inquiry sent to the CSG Midwest Information Help Line: is locked and that forcible entry is necessary; use [email protected] or 630.925.1922. no more force than necessary; call 911 or contact Ohio’s law (SB 215 of 2016) applies to the rescue of

STATELINE MIDWEST NOVEMBER 2018 5 COVER STORY

CONTINUED FROM PAGE 1 From Iowa to Wisconsin: A review of legislative actions taken in 2018 Iowa lawmakers ended this year’s session by a requirement; the measure was scheduled to be on passing a tax-cut bill. SF 2417 reduces rates in each of Sources of revenue for public K-12 the November ballot, but legislators pre-empted that the state’s nine income-tax brackets starting in 2019. schools in the Midwest (2014-’15) statewide vote by approving the proposal. and envisions a more far-reaching overhaul four years State Federal State Local Michigan also now has the strictest set of lead and later — a drop in the number of tax brackets from copper standards in the nation. In addition to creating nine to four and a cut in the top rate to 6.5 percent. Illinois 8.3% 24.9% 66.8% stricter “lead action levels” (the point at which a (The top rate is 8.98 percent this year). These larger Indiana 8.2% 56.1% 35.8% water system must take steps to control corrosion), changes in the tax code are contingent on the state Iowa 7.4% 53.5% 39.1% Michigan will require its public water systems to meeting certain revenue targets. replace, on average, 5 percent of their lead service Early in Iowa’s 2018 session, the Legislature passed Kansas 8.9% 64.3% 26.8% pipes per year, starting in 2021. a bill (SF 512) that includes new state funding to ad- Michigan 9.2% 60.2% 30.6% dress the problem of nutrient runoff and water quality. Minnesota 5.7% 66.7% 27.5% SF 512 will help more farmers adopt evidence-based conservation practices. Nebraska 8.2% 32.4% 59.4% Bipartisan bill puts Minnesota on Two health care-related measures also received North Dakota 10.1% 58.7% 31.2% path to fully funded pension system considerable attention this year in Iowa. With the Ohio 7.5% 45.6% 46.9% passage of SF 2349, lawmakers authorized the creation series of gubernatorial vetoes marked the end of “association health plans,” particularly via a part- South Dakota 14.9% 30.4% 54.8% of this year’s session in Minnesota, where pro- nership between the Iowa Farm Bureau Federation Wisconsin 7.5% 45.9% 46.6% posals on issues ranging from taxes and school and Wellmark Blue Cross Blue Shield. The idea is A safety to opioids and elder abuse fell short of passage for a “nonprofit agricultural organization” (the Farm Source: National Center for Education Statistics due to disagreements between the Republican-led Bureau) to sponsor an affordable health care option, Legislature and Democratic Gov. Mark Dayton. and for another entity (Wellmark) to administer it. In June, the Kansas Supreme Court ruled that the However, leaders in both parties hailed a major These newly authorized “association health plans” Legislature had met its responsibility to equitably bipartisan achievement — pension reform. SF 2620 are not considered official insurance plans, and thus distribute school funding, but still fell short on the ultimately received unanimous support in the state not subject to typical state or federal rules. The goal is adequacy requirement. Justices gave specific guid- House and Senate, and Dayton said the measure to give Iowa farmers more insurance options. ance to lawmakers on how to meet that adequacy “stabilizes pension benefits for 511,000 [Minnesota] Another measure, SF 471, bans abortions once a test — add money to account for changes in inflation. workers, retirees and their families.” fetal heartbeat can be detected (SF 471). A judge has The court has given lawmakers until June Before enactment of this legislation, Minnesota since blocked implementation of the law. 30 of next year to make the modification. This faced $16.2 billion in unfunded pension liabilities; school-funding case dates back to 2010 and centers the new law puts the state on a path to fully fund on plaintiffs’ contention that funding for Kansas I M its retirement system within 30 years. The state will schools is neither adequate nor equitable. The contribute $27 million in 2019 and $114 million plaintiffs in the case are a group of school districts. during the next biennium. Under the law, too, public Also this year in Kansas, lawmakers approved employers and current public workers will pay higher increases in the state budget (made possible from tax contribution rates. The state also reduced the cost-of- increases adopted in 2017) that included more funding living adjustment for current retirees. for social services and higher education (the subject of In another important change, the Legislature previous cuts) as well as pay raises for state employees. lowered state pension plans’ assumed “rate of return” on investments, from 8.5 percent to 7.5 percent. Lower assumed rates of return can mean higher costs Michigan creates ‘Marshall Plan on the front end (for the government and its workers) for Talent,’ and also now has but also improve long-term funding levels. State has graduated income tax toughest lead standards State has at income tax (4.95% in Illinois, 3.23% in Indiana, and 4.25% in Michigan) ew laws and investments in Michigan will No income tax reshape the state’s K-12 education, par- Source: Tax Foundation Nticularly as it pertains to preparing young 66% people for careers in high-demand fields such as 53% information technology, the skilled trades, health 97% 99% sciences and manufacturing. Dubbed the “Marshall 64% Kansas moves closer to resolving Plan for Talent” by Gov. Rick Snyder, the changes 82% 89% 72% legal battle over school funding (much of them in SB 941 and SB 942) include state 36% 63% investments such as: 65% onstitutional questions about the state’s fund- • $18.5 million for schools to purchase equipment ing of K-12 education once again headlined that improves instruction in high-demand fields; Cthis year’s legislative session in Kansas. • $25 million in scholarships and mentorship pro- Source: The Pew Charitable Trusts On the final day of the 2018 regular session, grams for low-income students lawmakers passed legislation that phases in a $522 seeking degrees or credentials million increase in state funding over the next five in high-demand fields; and years. That includes more base aid for students as • $30 million for schools In Nebraska, Legislature invests to create competency-based well as additional state dollars for special education education programs in high- more in child welfare and continues and several other programs. (Legislators already had demand fields. increased funding by $300 million in 2017.) reforms of occupational licensing The new law (SB 423) also establishes a more robust Other notable policy accountability system — for example, performance changes in Michigan include id-biennium budget adjustments in audits that make sure the additional state dollars are requiring employers to provide Nebraska led to another round of cuts being spent wisely and that state funding levels are workers with paid sick time. Macross many state agencies and programs. keeping up with the educational needs of students. Michigan is the first state in the Midwest to have such But there was one notable exception — the

6 STATELINE MIDWEST NOVEMBER 2018 FEATURE STORY

Legislature pumped an additional $55 million into studied the state’s current funding formula for the Nebraska Department of Health and Human K-12 education, as well as what impact possible Method for setting legislative pay Services, in large part to address an increase in changes to the formula would have on equity, Method States the number of young people entering the state’s adequacy and sustainability. child-welfare system. • The interim Health Service Committee is Set by Illinois, Iowa, Kansas, Michigan, legislature North Dakota and Wisconsin According to the department, drug use and proposing that the state spend at least $750,000 to addiction are one reason for this trend: In the address gaps in mental and behavioral health services Set in state Nebraska first seven months of 2017, parental use of meth- and to improve supports in underserved areas. Constitution amphetamines was a factor in one of every three Indiana (equal to 18% of pay for trial removals of children from their homes. Gov. Pete Set in statute judges) and South Dakota (equal to Ricketts has formed a task force on how to best Some of nation’s toughest payday 20% of median household income) deal with these rising caseloads. lending rules now in place in Ohio Set by For much of Nebraska’s 2018 session, talk of independent Minnesota property tax reform— a priority of Ricketts’ and council many Nebraska senators’ — en years after the Ohio General Assembly, dominated discussion, but and then voters, placed limits on how much lawmakers adjourned without Tlenders could charge for short-term loans Lawmakers also focused this year on the state’s major changes to the existing (more commonly known as payday loans), lawmakers initiative-and-referendum process. For example, system. The Legislature, how- revisited the issue in hopes of preventing the industry they placed on the ballot a proposal requiring that ever, did make some adjust- from being able to circumvent the restrictions. any constitutional amendments receive approval of ments to ensure that the new HB 123, signed into law in July, affects about 650 55 percent of the votes cast in an election, rather federal tax law did not cause payday lenders in the state. It is considered one of the than a simple majority. In November, South Dakota an increase in state taxes. most restrictive laws of its kind in the nation. voters rejected this change. Lawmakers also contin- By addressing loopholes and clarifying statutory Prior to the start of this year’s session, an interim ued a multi-year push to language in the 2008 law, the state expects to be able to legislative task force had proposed almost a dozen reform Nebraska’s occupational licensing system, stop lenders from skirt- bills aimed at changing the initiative-and-referendum including passage of a bill (LB 299) that requires ing a 28 percent cap on process. Several measures were subsequently passed each standing legislative committee to review 20 annual interest rates for by the Legislature, including new laws that will require percent of the occupational regulations under its short-term loans. (Short- a fiscal note for initiated measures and amendments jurisdiction every year. All regulations will be term lenders had been that impact the state budget (SB 9 and SB 13) and examined within a five-year time frame. registering with the state that expand the role of the nonpartisan Legislative Other high-profile measures signed into law as mortgage lenders, Research Council (HB 1006). this year include LB 841, which requires the allowing them to charge Nebraska Department of Correctional Services to borrowers interest rates as high as 594 percent.) address prison overcrowding, through the use of Other provisions include: Wisconsin makes $100 million an “accelerated parole plan”; and LB 944, which • setting $1,000 as the maximum for short-term investment in school safety prevents federal Title X health care dollars from loans (up to a year in duration); going to organizations where “abortion is a method • requiring any loans with a duration of 90 days n the weeks following a mass shooting at a of family planning” or where abortion counseling or less to adhere to an income-adjusted repayment Florida high school, Gov. Scott Walker called a or referrals occur. scale — the monthly payment on these loans cannot special session of the Wisconsin Legislature to exceed 6 percent of the borrower’s gross income or 7 I consider policies to increase security at the state’s percent of his or her net income (whichever is greater); schools. He signed AB 843 into law on March 26. It: North Dakota uses 2018 interim • capping “monthly maintenance fees” at 10 percent of the loan’s principal (and no more than $30); • creates an Office of School Safety within the to prepare for legislative year ahead • limiting total interest and fees to 60 percent of Department of Justice to work with law enforcement the loan principal; and and schools to establish best practices, provide new orth Dakota’s legislature is the only one • preventing individual borrowers from carrying training opportunities, and assist with safety plans; in the Midwest that meets only once more than $2,500 in principal over all of their loans. • provides $100 million to fund a new grant Nevery biennium, in odd-numbered years. program for security upgrades to school buildings; However, lawmakers spent considerable time this • allows schools to use the safety grants to year on interim committees preparing for the 2019 South Dakota ties legislative pay implement programs that session. Among the notable issues: provide trauma-informed • The interim Committee on Energy to median household income care and help students deal- Development and Transmission has drafted a ing with adverse childhood proposal, nicknamed “Operation Prairie Dog,” outh Dakota legislators took on several experiences; and that would use tax revenues institutional issues in state government this • mandates that teachers, from oil production in west- Syear, including changes in legislative pay principals, other school em- ern North Dakota to fund and the threshold for making changes to the state ployees and health profession- infrastructure needs in non- Constitution. als report any threats of school oil-producing counties. With the passage of HB 1311, approved by com- violence. • The interim Government fortable margins in the House and Senate, South Earlier in the year, Wisconsin tackled another Finance Committee under- Dakota became the first state in the Midwest to big nationwide issue for states — the costs of health took a study of the state’s tie the pay of legislators to the median household insurance and health premiums. current transportation fund- income. The salaries for South Dakota’s 105 part- Under SB 770, signed into law in February, ing model, as well as various time legislators will now be adjusted every year so legislators authorized the creation of a $200 million, policy options to address the state’s needs. that they equal 20 percent of the median household state-based reinsurance plan, which uses a mix of • The interim Taxation Committee developed income. That is estimated to be $10,200 next year; state and federal dollars to stabilize Wisconsin’s health two proposals that would cover the cost of educa- legislative salaries were $6,000 in 2018 and had not insurance market. It does so by covering 50 percent tion for students who enter high-demand, critical- been changed in 20 years. of medical costs between $50,000 and $250,000 — need fields in the state’s labor market (see page Supporters of HB 1311 say a change in compensa- essentially providing insurance for the insurers. This 3 of this month’s Stateline Midwest for details). tion levels was needed to improve candidate recruit- plan, in turn, keeps insurers in the health marketplace • The interim Education Funding Committee ment and open up legislative service to more people. and controls premium increases.

STATELINE MIDWEST NOVEMBER 2018 7 STATELINE PROFILE Indiana Sen. Rodric Bray Fast rise in leadership provides new opportunities, and challenges, for second-term senator whose roots in state politics run deep

by Ilene Grossman ([email protected])

hen he first took office in the Indiana Senate, Rodric Bray expected to enjoy serving his Bio-sketch of Sen. Rodric Bray Whome state and district. He went into the job with more personal experience than most — a father  Elected to Indiana Senate in 2012 who had served in the same chamber (Bray succeeded  him) and a grandfather who enjoyed a 24-year run in Will be president pro tem in 2019; served as majority the U.S. Congress. floor leader in 2018 Yet serving as a senator has still exceeded Bray’s  Attorney, partner at Bray, Bray & Bray; legal expectations. It’s a job, he says, that has become a true counsel for Morgan County passion for him. “Everyone wants to have meaningful work, and at  Bachelor’s degree in history from Indiana University; the end of the day, or the month, you ask yourself if you juris doctorate from Valparaiso University School of Law have accomplished something,” Bray says.  “I don’t go home and think about this each day, He and wife, Kelly, have two sons and live in Martinsville but at the end of the session, when you are able to take a step back and see that you have done some work to make the state better, I take real satisfaction in that.” He first got elected in 2012 and moved fairly quickly into positions of leadership, first as chair of the “My style is to bring people to the table Senate Judiciary Committee. Subsequent departures and let them have input and then build in the Republican caucus’ leadership team created opportunities for Bray; he served as majority leader consensus.” in 2018 and will take on the chamber’s top leadership position — Senate president pro tem — in 2019. culture if people learn what is expected of them. of our police departments were getting body cams, As he prepared for new responsibilities and but there was a real question about what to do with challenges in the year ahead, Bray discussed his views What are some of the big issues, or the the information caught on film. As you can imagine, on leadership and his legislative priorities with CSG Q: goals of your caucus, for the 2019 legislative the police deal with some highly personal issues. We Midwest. Here are excerpts from the interview. session? wanted to make sure that we could balance openness First, pass a responsible budget that leaves and transparency and the public’s right to know with What are some of the qualities and character- A: Indiana in a fiscally sound condition. We privacy. The bill passed without a “no” vote in either Q: istics of an effective leader? also want to continue the work we have been doing in chamber. When you see good leadership, everybody workforce development. We can’t fill all the job vacan- [Editor’s Note: Among other provisions, the law A: knows what that is. It is a person who listens cies we have, and with changing technologies, we need requires that footage be stored for 190 days; sets up a more than speaks; is fair-handed with everyone, to continue to help workers adapt in this competitive petition procedure if a person’s request to see the footage even with people who don’t agree; and tries to be environment. Education funding is always a big prior- is denied; and allows requesters to view the footage twice. deliberative and inclusive. Also, you need to be a good ity. It takes up 52 percent of our general fund budget. Police also must blur out minors and witnesses.] communicator about where you want to go and how School security and ensuring that our state agency The other bill reformed Indiana’s civil forfeiture you want to get there. responsible for meeting the needs of children, including laws, by which law enforcement could take property those who are abused and neglected, runs well are also used in the commitment of a crime. Our law was criti- How would you describe your legislative important. Another issue is teacher pay. The state funds cized because it didn’t have a lot of due process. The Q: leadership style? schools, and the local elected school boards determine legislation [passed in 2018] speeds up the process for A leader needs to be able to look at the big- teacher salaries; in some districts the pay has lagged. getting seized property back. A: picture items — look five, 10 years down the We will take a look at that and see if there is anything road. And to the extent I can, I will help guide us in that we can do. Do you have any big frustrations about the way. My style is to bring people to the table and let them Q: legislature or legislative process? have input and then build consensus. It is important to What are your views on working with the It’s what you would expect: Perhaps I think I build a culture where everyone understands that when Q: minority party when your party has such a A: have a really good idea, but 149 other people you create legislation, it is best to do your homework, large majority? in the General Assembly also have good ideas. But part talk to the groups involved and build some consensus. I share this statistic when I talk to people in of the process is to realize that you are not the only That will work better than just springing an idea in A: Indiana: Each year that I have been in the one with a good idea and that others can add value. January for the legislative session. Senate, about 65 percent of the bills that get passed But it can be frustrating, because it can be a long, are passed unanimously, and about 95 percent are cumbersome process to get something from an idea With the recent election, the Indiana General bipartisan. What that means is that you can count on to the governor’s desk to sign. Q: Assembly is going to have new members. How one hand the number of bills that pass on a party-line important is mentoring for new legislators? vote. Only a few bills each year are polarizing. I am What are some of the biggest challenges and When I was first elected, I was seated by proud of that, and I want to keep it that way. Q: opportunities for Indiana over the next 15 to A: some experienced legislators, so I could ask 20 years? questions and learn about procedures on the Senate Tell us about one or two pieces of legislation We have a challenge of funding local gov- floor and about rules and decorum. We want to keep the Q: you’ve sponsored that you’re most proud of, A: ernment. We do a lot of that funding with [mentoring] program, and I have been working with a and why. property taxes, and a couple of years ago we put a cap couple of senators to beef it up and put more organiza- The first one was a highly controversial issue on property taxes, but that has created some challenges tion to it. I think you can build a healthy, productive A: that dealt with police body cameras. Some for our schools and local governments.

8 STATELINE MIDWEST NOVEMBER 2018 FIRST PERSON A FORUM FOR LEGISLATORS AND CONSTITUTIONAL OFFICERS Nebraska’s look to the future State law on autonomous vehicles reflects the promise this technology holds for making roads safer, improving mobility and benefiting agriculture

by Nebraska Sen. Anna Wishart ([email protected])

or several years, I have been following the advancement of autonomous vehicles, reading Key provisions in Nebraska’s new law on autonomous vehicles (LB 989) Fbooks and blog posts by economists about the future benefits and problems associated with this  Authorizes the use of automated driving technological breakthrough. systems and driverless-capable vehicles if they While these discussions have been occurring comply with state traffic and safety laws online and in the private sector, very few legisla-  Requires a conventional driver, if present in the tors in my state had been spending time talking vehicle, to have a license and to manually operate about it. the vehicle if instructed to do so by the automated As a senator whose top strength is “futur- driving system ist” according to the Gallup Clifton Strengths  Allows automated vehicles to be used for ride Assessment tool (if you are reading this and have sharing and public transportation not taken this strengths test, you should), I have a responsibility to push my legislative colleagues to address emerging technologies to make sure that our state laws allow for free market innovation while still maintaining public health and safety. Nebraska’s regulatory framework for That is why I embarked on introducing autonomous vehicles is one of the most autonomous-vehicle legislation. innovative and business friendly in the country. A technology of ‘limitless potential’ When LB 989 was originally introduced, it was these vehicles also will allow for more flexibility Those concerns resulted in a lengthy filibuster meant to allow for the testing of autonomous among local public transportation systems and of my bill. This opposition required me, as a fresh- vehicles by cities, and specifically to enable their users. man senator, to remove my legislative “training Nebraska’s capital city of Lincoln to pilot an on- Nebraska is a predominantly rural state, and wheels.” I withstood three rounds of debate on demand autonomous shuttle project. farming as we know it is expected to be revolution- the legislation, and with the partnership of Sen. My home city was named one of 35 “Champion ized by autonomous vehicles. Larson, we were able to gain enough votes in our Cities” competing for $5 million in start-up We will see an emergence of self-driving trac- body to overcome a filibuster and advance our bill funding from the Bloomberg Foundation for this tors, self-propelled implements such as sprayers in to the governor’s desk in April of this year. on-demand autonomous shuttle project. row crops, and advanced automated technology for A month later, we celebrated with a signing When I first heard the news of this opportunity major farm activities such as fertilizer application, ceremony with our governor that included riding for Lincoln, I was beyond excited and wanted planting and irrigation. These automated technolo- in an autonomous shuttle, similar to the one to know what I could do to help. In our office’s gies are predicted to become a $250 billion industry we hope to bring to my district in downtown research, we learned that Nebraska’s laws were es- for agriculture suppliers and manufacturers. As Lincoln. sentially silent on autonomous-vehicle technology. one example, small, automated tractor equipment As elected officials, we spend a majority of our So I decided to introduce LB 989 in January will be a $45 billion market on its own. time reacting to current problems, or debating past so that we could ensure that any testing of this issues that will never be put to bed. We spend far technology would be done in a safe and regulated Not an easy road to legislative passage too little time talking about the future. Working on this piece of legislation has environment. hile my original bill, LB 989, dealt strictly inspired me to continue pushing myself and my What happened over the next few months with the testing of autonomous-vehicle colleagues to look to the future. We will continue — through committee hearings, stakeholder technology, I quickly decided to think W to address advancing technologies and examine meetings, research and floor debate with my bigger when one of my colleagues, Sen. Tyson our existing state statutes in a way that enables colleagues — completely changed how I viewed Larson, introduced a similar but broader piece innovation while maintaining health and safety. autonomous-vehicle technology and its limitless of legislation. potential. It is full of promise in the areas of Combining our efforts, we proposed a measure Nebraska Sen. Anna Wishart was elected to the Nebraska safety, mobility, efficiency, agriculture, commerce, that would make Nebraska’s regulatory framework Unicameral Legislature in 2016. She represents a part of the environmentalism and economic development. one of the most innovative and business friendly capital city of Lincoln. Safety was my top priority in trying to intro- in the country. duce this technology to our state. My partnership with Sen. Larson was an An estimated 94 percent of traffic accidents example of true bipartisanship — me, a Democrat are caused by human error, and at a time when from an urban district working closely with him, Submissions welcome vehicular crashes are on the rise, autonomous- a Republican from a rural district. This page is designed to be a forum for legislators and vehicle technology shows great potential in Our team also included the Alliance of constitutional officers. The opinions expressed on this page preventing injury, saving lives and reducing the Automobile Manufacturers, Tesla, Uber, the do not reflect those of The Council of State Governments or cost of traffic accidents. Nebraska Department of Transportation and a Autonomous vehicles also will have a huge bipartisan group of legislative colleagues. the Midwestern Legislative Conference. Responses to any positive impact for people who are unable to drive, While we had great support from industry FirstPerson article are welcome, as are pieces written on giving them greater mobility and all that comes and a select group of senators, we were met with other topics. For more information, contact Tim Anderson with it: access to good jobs, quality health care and opposition from several colleagues concerned that at 630.925.1922 or [email protected]. education, for example. Technological advances in our legislation was too advanced.

STATELINE MIDWEST NOVEMBER 2018 9 CSG MIDWEST NEWS & EVENTS

Through interstate commission, Midwest New ‘Book of the policymakers collaborate on future of rail States’ available

Mix of legislators, state officials met in October to map out plans for crucial year ahead ith 186 in-depth tables, figures and "info graphics" illustrating how state government operates, the 2018 edition he Midwest Interstate Passenger Rail W of “The Book of the States” continues The Council Commission’s 2018 annual meeting convened About the Midwest Interstate of State Governments’ long tradition of providing in early October to lay the groundwork for T Passenger Rail Commission comprehensive, comparative information in a what promises to be a busy 2019. single resource. Fifty-four legislators, state officials and others  Formed in 2000 through an interstate CSG has been publishing “The Book of the took part in the meeting, which began at Chicago’s compact; funded by member states with staff support from CSG Midwest States” since 1935. Union Station before moving north on a 90-minute This year’s version includes chapters on the train ride to Milwaukee’s Intermodal Station. The  Member states are Illinois, Indiana, Kansas, three branches of state government, constitutions, Wisconsin Department of Transportation has Michigan, Minnesota, Missouri, Nebraska, North federalism, elections, finance, state management offices at the station and hosted the meeting. Dakota and Wisconsin (Iowa, Ohio and South and demographic trends, and selected policies MIPRC promotes improvements to state and Dakota are eligible to join as well) and programs. CSG staff mined more than 500 regional passenger rail. To meet this objective, the  Each member state is represented by four sources for this year’s edition, which can be found group facilitates collaboration and information commissioners: one from each legislative at knowledgecenter.csg.org. sharing among member states, and serves as an chamber (two from Nebraska’s unicameral advocate for the Midwest in the nation’s capital. legislature) and two gubernatorial appoint- In October, commissioners agreed to hold their ments — a designated representative and meeting next year in Washington, D.C. — a move that someone from the private sector. Thank you to sponsors will allow for face-to-face meetings with members of  the U.S. Congress as discussions begin over reauthori- MIPRC is helping to implement the Midwest Regional Rail Initiative, developed in the late Members of the nonpartisan, binational zation of the Fixing America’s Surface Transportation 1990s by the member states’ departments of Great Lakes-St. Lawrence Legislative Caucus Act of 2015. This law is due for renewal in 2020. transportation, to guide the development of gathered this fall in Erie, Pa. The group’s Next year, too, the Federal Railroad regional passenger rail Annual Meeting was made possible in part Administration will release the first draft of a by the generous support of outside contribu- study that lays out a 40-year vision for the future  MIPRC is working with the Federal Railroad tors. The caucus and CSG Midwest — which of passenger rail in the Midwest. MIPRC, along Administration on a long-term planning study of future passenger rail service in the Midwest provides staff support to the GLLC — wish with state departments of transportation, has been to acknowledge the following contributors: working with the FRA on this study. • The Joyce Foundation Regional advances in passenger rail • The Consulate General of Canada in New York — Buffalo Presence IPRC’s annual meeting also gives states the • Indiana American Water chance to review recent developments on Mpassenger rail in the region. For example: In-kind contributions came from: • In Illinois, trains on the Chicago-St. Louis Midwest’s leaders on passenger rail • VisitErie corridor are expected to hit speeds of up to 90 mph • Sheraton Erie Bayfront Hotel early in 2019 (and 110 mph shortly thereafter). • Mazza Vineyards These higher speeds are contingent on the instal- • The Brewerie at Union Station lation and testing of positive train controls. • Tom Ridge Environmental Center • In Michigan, work on the Chicago-Detroit • Erie Metropolitan Transit Authority Wolverine route continues, with a goal of increas- The meeting was hosted by Pennsylvania ing speeds between Kalamazoo and Dearborn to Rep. Curt Sonney. 110 mph. (Wolverine trains already run at 110 mph between Porter, Ind., and Kalamazoo). The state is The caucus is seeking sponsors for its 2019 studying new passenger rail service between Ann meeting in Chicago. Please contact Lisa Arbor and Traverse City as well. Janairo ([email protected]) for information. • In Minnesota, adding service between Benefits include complimentary registra- tions, as well as acknowledgement before, Minneapolis and Duluth (via Superior, Wis.) Indiana Rep. Sharon Negle, left, and Beth is the focus of ongoing talks between the state McCluskey were among the 54 attendees during and after the meeting. Sponsorships Department of Transportation, Amtrak and the of this year’s Midwest Interstate Passenger are at the following levels: Superior, $20,000; Burlington Northern Santa Fe Railroad. Along with Rail Commission meeting. They are MIPRC Huron, $10,000; Michigan, $5,000; Erie, this planned Northern Lights Express line, MnDOT commissioners and part of the group’s three- $2,500; and Ontario, $1,250. is studying the addition of a second daily train member officer team. McCluskey, director of the between Chicago and the Twin Cities. Illinois Department of Transportation’s Office of Intermodal Project Implementation, was Also at the meeting, commissioners learned about re-elected MIPRC chair at this fall’s meeting. advances in train equipment, including the new Rep. Negle will continue to serve as financial Siemens “Charger” locomotives (whose engines are officer. Tim Hoeffner (not pictured), director of manufactured in Indiana) as well as the coach cars the Michigan Department of Transportation’s being built by Siemens for higher-speed Amtrak service Office of Rail, was re-elected MIPRC vice chair. in the Midwest. These cars are due for delivery in 2020.

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

10 STATELINE MIDWEST NOVEMBER 2018 With help from CSG, North Dakota explores more reforms of justice system Prison admissions have dropped following legislature’s passage of 2017 law

ne year after the passage of comprehensive changes to North Dakota’s criminal justice Midwestern states’ work with The CALENDAR Osystem, the state’s prison population has Council of State Governments fallen and the availability of behavioral-health on justice reinvestment* UPCOMING MIDWESTERN LEGISLATIVE services is on the rise. CONFERENCE AND THE COUNCIL OF STATE One likely factor in the 6.5 percent drop in overall prison numbers (for fiscal year 2018) is a decline in GOVERNMENTS EVENTS admissions related to alcohol and drug offenses as well as probation revocations. 74TH ANNUAL MEETING OF THE SB 2015 and HB 1041, signed into law in 2017, MIDWESTERN LEGISLATIVE marked a significant shift in North Dakota’s sen- CONFERENCE tencing policies. These measures prioritize prison July 21-24, 2019 space for people who commit the most serious and Chicago, Illinois violent offenses, increase behavioral health services for people in the justice system, and seek to reduce Contact: Gail Meyer ([email protected]) 630.925.1922 recidivism by changing behavior. * Justice reinvestment is a data-driven policy approach to improve public safety and to reduce corrections and related criminal justice spending, csgmidwest.org Experts at The Council of State Governments with savings reinvested in crime- and recidivism-reduction strategies. Justice Center provided assistance to North Dakota policymakers as they studied system reforms and State is currently receiving technical 25TH ANNUAL BOWHAY INSTITUTE crafted the 2017 legislation. The center is now helping assistance from the CSG Justice Center FOR LEGISLATIVE LEADERSHIP DEVELOPMENT (BILLD) the state’s Justice Reinvestment Oversight Committee State has received technical assistance from August 9-13, 2019 monitor implementation. Although impacts of last the CSG Justice Center Minneapolis, Minnesota year’s legislation seem promising, it’s too soon to draw definitive connections between the law (which took Contact: Laura Tomaka ([email protected]) effect on Jan. 1) and the drops in prison admissions prosecutorial diversion programs and specialty courts. 630.925.1922 and the prison population. As a result of the legislative changes adopted in csgmidwest.org This summer, the CSG Justice Center also fa- 2017, North Dakota already has begun investing cilitated a forum in North Dakota on public safety. $7 million in Free Through Recovery, an innovative CSG HENRY TOLL It focused on crime and law enforcement trends, behavioral-health plan for people who have mental FELLOWSHIP PROGRAM pretrial reform, and alternatives to incarceration illnesses, substance addictions, or co-occurring August 23-28, 2019 for people in the criminal justice system who need mental illnesses and substance addictions. Lexington, Kentucky behavioral-health treatment — for example, the use CSG-facilitated forums on public safety also have of crisis stabilization units, crisis intervention teams, been held in Illinois, Iowa, Michigan and Ohio. Contact: Kelley Arnold ([email protected]) 859.244.8000 csg.org

Justice Center updates 50-state report on public safety GREAT LAKES LEGISLATIVE CAUCUS ANNUAL MEETING September 13-14, 2019 he Council of State Governments Justice Chicago, Illinois Center has released an updated version of Highlighted trends from CSG study Tits “50-State Report on Public Safety” that  Between 2007 and 2017, violent crime rates Contact: Lisa Janairo ([email protected]) includes 2017 crime and arrest data. decreased in 31 states, including Illinois, Kansas, 920.458.5910 This web-based resource — available at Michigan, Minnesota and Wisconsin. greatlakeslegislators.org 50statespublicsafety.us — features more than 300  The number of U.S. drug overdose deaths data visualizations comparing crime, recidivism is almost four times higher than the number and correctional practices across all 50 states. It of homicides, compared to 20 years ago when couples these statistics and trends with the latest they were nearly the same. Between 2006 research on strategies that work to improve public and 2016, overdose death rates rose in every Midwestern state — from 16 percent in Kansas safety, as well as more than 100 examples of policy to 196 percent in Ohio. innovations drawn from every state in the country. The goal of the the report is to provide a  States spend nearly 10 times as much on prisons as they do on community supervision. customized “playbook” for policymakers looking Probation and parole populations, however, far to tackle public safety issues most relevant to their exceed state prison populations — 4.5 million communities. vs. 1.5 million in 2015. “Data and research are essential to successfully  Between 2005 and 2015, the prison popula- addressing the unique conditions in each state,” tion grew in 28 states, including Iowa, Kansas, says Megan Quattlebaum, director of the CSG Minnesota, Nebraska, North Dakota and Justice Center. South Dakota. The center provides practical, nonpartisan,  As of 2014, three Midwestern states were research-driven strategies and tools to increase among at least 16 nationwide where the public safety and strengthen communities. percentage of people in prison for property or Funding for the “50-State Report on Public drug offenses exceeded 40 percent: Indiana (46 percent), North Dakota (42 percent) and Safety” was provided by the U.S. Department of Iowa (42 percent). Justice’s Bureau of Justice Assistance.

STATELINE MIDWEST NOVEMBER 2018 11 CAPITOL

NONPROFIT percent between 2001and2017. allegationsof reported in Wisconsin rose by 160 emotional or sexual mistreatment. The number donment; financial exploitation; andphysical, andaban Elder ofneglect abuseincludescases streamline proceedings. orexpedite court and stiffen criminalpenalties andtransactions; cial advisorsandinstitutionsto blocksuspicious ment ofJustice; strengthen offinan theability team ofinvestigators withinthestate’s Depart recommendations: for example, create aspecial force aseriesof onelderabuseissuedinOctober In ers, amongothers. planners, real estate agents andfirst-respond publicaccountants,macists, certified financial now reporters includesphar list ofmandatory ofelderabuseorface cases fines.report The in September, many more individualsmust 49, which was and took passed in June effect law.panded its mandatory-reporter Under HB a federal grant. This year, too, hasex Ohio money for thisnewinitiative iscoming from new county-level collaborations. Much of the referral system abuse, to report andestablish to raise publicawareness, create anonline In fall to domore to prevent elderabuse. Two Midwestern states announced plans this target elderabuse in Ohioand Wisconsin New laws, programs Ohio ORGANIZATION Wisconsin

U.S. POSTAGE PAID willseek, anew$1.3millionproject CAROL STREAM, IL Stateline PERMIT NO. 1859 , anattorney general-led task

Midwest

November 2018 CLIPS

The Council of State Governments ------Midwestern Office from foreign countries.) include students coming to U.S. institutions (-4,608) hadnetlosses. (These state figures trast, among the Midwest’s states: 12,537. In con elsewhere. Iowa hadthehighestnetgain number ofresidents for schooling wholeft education outpaced thefor a postsecondary tonumber ofpeoplewhocame thestate Midwest had netpositive migration — the tion ofstudents. In2016,moststates inthe regularly tracks thestate-by-state migra The National Center for Education Statistics to DakotaSouth beganoffering in-state tuition the in-state rate. This year, somecolleges in paid tuitionequivalent to 150percent of the Regents say. Iowastudentspreviously enue gain” change, as a result of the policy school hasexperienced a “tuition andfee rev Iowa since the reduced rates took effect. Each tal of174full-timeequivalent students from gents, thesefour schoolshave attracted ato According to Dakota theSouth Board ofRe plan hadbegunto pay off. October, state officialsannounced that the ition to Dakota South Two years ago, four publicuniversities in positivereports results state tuitionto Iowans, Dakota offersSouth in-

701 E. 22nd Street, Suite 110 Nebraska

Lombard, IL 60148-5095 Illinois Phone: 630.925.1922 Iowa residents aswell. (-16,628)and Fax: 630.925.1930 undergraduate students. In beganoffering in-state tu Email: [email protected] csgmidwest.org

CHANGE SERVICE REQUESTED Minnesota ------

Services. by theU.S. Centers for Medicare &Medicaid ta Kansas According to Family theKaiser Foundation, law hasbeenblocked by afederal judge.) aid work requirement inplace. (Kentucky’s other U.S. states ofMedic withsometype Wisconsin alsojoins smoke cigarettes oruseillegaldrugs. tions suchaswhethertheywear aseat belt, dependingonresponses towill vary ques The premiums charged to childlessadults fill out a health-and-wellness questionnaire. The state, however, compel can applicants to approval. tion. This requirement didnotreceive federal drug tests popula onsomeofitsMedicaid come thefirststate inthenation to impose Wisconsin also had originally sought to be gram. According to through thepublichealthinsurance pro adults applyingfor andreceiving coverage The approved waiver centers onchildless a healthriskassessment. ing higherpremiums basedontheresults of requiring work for someenrollees andcharg changes to program itsMedicaid that include Wisconsin work requirement in region withMedicaid Wisconsin issecondstate have similarproposals beingconsidered , Michigan hasreceived federal approval of , Ohio The Washington Post Indiana and South Dako South andthree ------,

hicles built in 2001 or later. According to the approved ve theuseofE15inalllight-duty year-round sales. Seven years ago, theEPA initiate a rulemaking process that allows for the U.S. Environmental Protection to Agency In October, President Donald Trump directed producers andethanolindustry. move expectedto helptheMidwest’s corn be eliminated by thefederal government, a banonE15salesmay soonA summertime year-round salesofE15 EPA ruleswould allow Potential changein not designedto use” E15. ing a ontheroad“vast ofcars majority were tive as “anti-consumer ethanolpolicy,” say this authority. Italsoderided Trump’s direc tute doesnothave says thefederal agency Clean Air Act. The AmericanPetroleum Insti to waive requirements certain underthe A move to year-round salesrequires theEPA from 6,521gallonsto 15,845. U.S. rose ethanolproduction by 143percent, of ethanol. 2007and2017,total Between and west. isinthe11-state capacity production Mid Close to 90percent ofthenation’s ethanol “rapid expansion” ofE15availability. says allowing year-round saleswould leadto a retail stations in29states currently sellE15.It Renewable Fuels Association, more than1,300 Indiana Iowa , Nebraska are thefive leadingproducers , Illinois , Minnesota - - - - -