April 2013
A PUBLICATION OF THE NATIONAL BLACK CAUCUS OF STATE LEGISLATORS
“TECHING” IT TO THE NEXT LEVEL: Changing the Face of America’s Communities
The Bar Has Been Set: The Medicaid Online Voter Utilizing Technology Expansion Ball is in Registration: and Innovation in Your Court The Future Arrives Electoral Campaigns
APR 2013 HIGHLIGHTS 07 Fe ature Article By Michael K. Powell, President & CEO, National Cable and Telecommunications Association Contents “Teching” it to the Next Level: Changing the Face of America’s Communities 07 09 Per spectives By Stefanie Brown James, Vestige Strategies, LLC The Bar Has Been Set: Utilizing Technology and Innovation in Electoral Campaigns 12 Per spectives By Assemblymember Holly J. Mitchell (CA) Online Voter Registration: The Future Arrives 14 Per spectives By Joy Johnson Wilson, Health Policy Director and Senior Federal Affairs Counsel, National Conference of State 12 Legislatures The Medicaid Expansion Ball is in Your Court 17 Per spectives By Kristal Lauren High, Editor in Chief, Politic365.com Tech Engagement in the Age of Obama
FEATURED TOPICS 14 19 SPOTLIGHT: Corporate Roundtable Data, Diabetes, and Disparities: Two local programs leverage technology in innovative ways to reduce healthcare disparities By Noreen M. Clark, Ph.D., Director, National Program Office, Alliance to Reduce Disparities in Diabetes; Myron E. Wegman Distinguished University Professor, Director, Center for Managing Chronic Disease, University of Michigan 22 LEGISLATIVE SCOOP NBCSL’s Legislative Priorities Take Washington: NBCSL Visits the White House, Exchanges with Members of Congress By Ajenai Clemmons 25 Legislator Highlights NBCSL Members Supporting Technological Innovation 40 28 Education Cyberbullying in the Classroom and Beyond: Solutions for State Lawmakers 02 To Our Readers By Lauren E. Williams By Lauren E. Williams 32 business, Financial Services, and Insurance 03 President’s Message E-Commerce and State Tax Reform By Rep. Joe Armstrong (TN) By Michael Belitzky 05 From the Executive 36 energy, Transportation, and the Environment Director Growing a Sustainable Economy What Happens when By Brandt Thorington Technology Meets Opportunity in the Hands 40 nbCSL Events of a Young Adult? NBCSL’s 36th Annual Legislative Conference Highlights By LaKimba B. DeSadier By Lauren E. Williams 2013 – 2015 NBCSL TO OUR READERS EXECUTIVE OFFICERS Rep. Joe Armstrong (TN) President Sen. Catherine Pugh (MD) President-Elect Rep. Gregory Porter (IN) Vice-President Rep. Alan Williams (FL) Secretary Rep. Laura V. Hall (AL) Financial Secretary Rep. Howard Mosby (GA) Treasurer Policymaking for Sen. Hillman Terome Frazier (MS) Parliamentarian the Digital Age Rep. Dee Dawkins-Haigler (GA) Chaplain Rep. Barbara W. Ballard (KS) Past President Almost everything we do involves technology. REGIONAL CHAIRS Rep. Ernest Hewett (CT) From the simplest act of buying shoes to the more complicated Chair, Region I Rep. Ron Waters (PA) task of filing taxes, we seem to log on to a computer, swipe a Chair, Region II card, or use a phone application every day. We tend to welcome Del. Nathaniel T. Oaks (MD) Chair, Region III these advances because it can mean that we spend less time Rep. Karen Camper (TN) getting more accomplished. However, as with everything else in Chair, Region IV Rep. John R.C. King (SC) life, there are adverse outcomes to our increased use. Chair, Region V Sen. Gloria Butler (GA) Chair, Region VI Some argue that our quality of life has been negatively Rep. Willie J. Perkins, Sr. (MS) impacted by a constant barrage of information. We have short Chair, Region VII attention spans, spend more time texting instead of engaging in Rep. Ken Dunkin (IL) Chair, Region VIII conversation, and constantly place our personal data at risk due Sen. Charleta B. Tavares (OH) Chair, Region IX to online privacy concerns. Furthermore, technology has yet to Rep. Regina Barrow (LA) be fully adopted by (and made accessible to) everyone. Chair, Region X Sen. David Haley (KS) Chair, Region XI Understanding that our lives will continue to be impacted by Rep. Angela Williams (CO) innovations in technology, it is important to examine policies Chair, Region XII surrounding technology and the different ways in which it EX-OFFICIO MEMBERS can (and will) touch our communities. In this issue, we cover LaKimba B. DeSadier various topics related to advances in technology, including the Executive Director, NBCSL Cleo Washington encouraging results of online voter registration, the emerging Chair, Corporate Round Table concerns surrounding cyberbullying, and the potential effects of Allyson Sneed Chair, African American Legislative Staff e-commerce. We also discuss the ever-present Digital Divide and Coordinating Committee its impact on the future of our communities.
PUBLISHER: National Black Caucus of State Legislators Regardless of how we use and view technology, state legislators EDITOR: Lauren E. Williams, MPA, NBCSL need to be cognizant of its influence on society. Just as often MANAGING EDITOR: CommonHealth ACTION™ as our devices are updated, rapid improvements in technology DESIGN: Conceptual Geniuses™ require us to revisit our perspectives and fine tune our 444 North Capitol Street, NW, Suite 622 Washington, DC 20001 approaches to policymaking for the digital age. 202.624.5457 | 202.508.3826 fax www.nbcsl.org © 2013 National Black Caucus of State Legislators
Material contained herein does not necessarily represent the position of the National Black Caucus of State Legislators. All material in The Legislator is protected by copyright. No part of the text or images may be reproduced, stored in a retrieval Lauren E. Williams, MPA system, or transmitted in any form or by any means Editor without the prior and express permission of the publisher. For permission to reprint articles, please contact NBCSL at [email protected]
2 THE LEGISLATOR | April 2013 PRESIDENT’S MESSAGE
Choosing to Advance: Making Technology Available for All
The seamless integration of technology into our everyday lives is seemingly a given. We sync our legislative and professional calendars to our phones and use email reminders to make sure we get from point A to point B on time. We use GPS features to guide us around states and read legislation easily on our tablets and smartphones. So much of our work at the statehouse and in our districts is improved through the advancement of technology, but this resource is still not realized by all.
In fact, access to technology, rural and inner city areas, remain to pay for this access has not. be it at a desk or in the palm of a problem. Increased technology Poverty rates for Blacks and our hands, is still a challenge for infrastructure throughout the Hispanics still greatly exceed the tens of millions of Americans, nation is underway. As lawmakers national average. In 2010, 27.4% and is acute among minorities, continue to work with public of Blacks and 26.6% of Hispanics low-income communities, and and private partners, intentional were poor, compared to 9.9% of senior citizens. Although we placement of this infrastructure non-Hispanic Whites and 12.1% have taken great steps to close can help to provide a more of Asians.1 Furthermore, the the digital divide in the United immediate solution. However, median household income for States through lower cost services, even if universal access is Blacks in the United States was cheaper mobile devices, tailored achieved, barriers of personal $32,229 in 2011 as compared to broadband plans, and greater choice may still prohibit minority the national median of $50,054.2 educational outreach, the fact and low-income communities This is a nearly $18,000 gap. A still remains that everyone cannot from total adoption. These digital divide will continue to take full advantage of technology. barriers include cost, relevancy, exist within our communities if and literacy. If all Americans there are no financial resources Why is that? Barriers to full are to have access to technology to help pay for it. technology adoption still exist. innovation, we must address each one of these issues concretely. Poor and low-income families These barriers are a matter of are like all families—they make both infrastructure and personal While the overall access to financial choices. Many of these choice. Physical barriers, such as technology has improved, the choices fall between much limited broadband coverage in ability of all America’s families needed staples for everyday
THE LEGISLATOR | April 2013 3 survival and non-staples such services is not the sole answer processes. Their usefulness is as new technologies, clothing, to closing the remaining digital a given. However, this question entertainment, and the like. In divide. The gap will not be closed remains; how will we ensure that a struggling economy, “luxury” by a multimillion dollar literacy all Americans understand, use, items will always be passed over campaign or a slew of fresh and can afford them? We must for necessities, no matter how new content aimed at minority begin these discussions at our “discounted” or “financially communities. As state legislators statehouses and resolve these manageable” they are perceived and leaders in our communities, issues in our communities. to be. When deciding between a we must understand that the gallon of milk or new technology, solution lies in a combination for poor families, the choice is of these initiatives. Public policy clear. does not exist within a vacuum and must be formulated through Rep. Joe Armstrong (TN) Technology must also be made recognition of all related factors. President, NBCSL relevant and understandable to users. An April 2012 Pew Study It is our obligation to pass and found that among adults who implement sweeping policies do not use the Internet, almost that not only broaden access, half of them choose not to go but also make it easier for our online because they don’t think constituents to embrace, use, and the Internet is relevant to them. ”reach” these resources as well. Another reason members of It is vital that we advocate for low-income and/or minority policies that increase telehealth, communities may not use technology in schools, and technology is because they may broadband adoption. The same not know how. About 80% of is true for those policies that Americans (who do not use support overall human welfare. the Internet) say that they lack Combining legislative efforts that know-how about technology. Only use innovation to improve our 10% of these same Americans everyday lives and lower the costs are interested in using Internet of necessities will prove beneficial technologies in the future. in the future.
Examining current barriers As we move into a seamless to full technology adoption is technological era in the United critical. It helps us to see that States, many understand the reducing the cost of Internet need for these gadgets and
1. National Poverty Center (2013). Poverty in the United States. The University of Michigan. Online: http://www.npc.umich.edu/poverty/. 2. Desmond-Harris, J (2011). 2011 Poverty Numbers: How Did Blacks Fare?. The Root.com. Online: http://www.theroot.com/blogs/poverty/2011- poverty-numbers-announced.
4 THE LEGISLATOR | April 2013 FROM THE EXECUTIVE DIRECTOR
What Happens when Technology Meets Opportunity in the Hands of a Young Adult?
America is in the midst of a technological storm. We have a sprawling e-culture that has left us with little time or opportunity to plan for how young people interact with technologies and tools that are vital to their social, educational, and civic lives. While these new gadgets and technologies have great potential to benefit youth and young adults from all social strata, it is clear that disparities in access have put us in danger of perpetuating current inequities.
According to the Pew Internet & is important to note that a lack Internet & American Life Project, American Life Project’s Digital of high-speed Internet serves as Gaming and Civic Engagement Differences (2012), there are a significant barrier to Internet Survey of Teens/Parents, 2008). persistent disparities between use. The primary barrier to White, Blacks, and Hispanics in in-home high-speed Internet is Upon initial consideration, these regard to Internet access—with cost. Teens living in households numbers may appear encouraging use among Blacks and Hispanics without high-speed access are less to communities of color, but they at 71% and 68%, compared to likely to receive the full benefits also indicate disparities in access 80% for Whites. Where bigger of the Internet. Due to the lack that have greater implications, disparities exist is with regard to of Internet access at home, teens including those surrounding households that have high-speed seem to turn to cell phones for education, social interaction, Internet. Nationally, over 60% web use, which contributes to and civic engagement. In terms of households have high-speed a proliferation of cell phone of education, a cell phone/ access. According to a 2011 ownership and use in urban smartphone is no substitute for U.S. Department of Commerce communities. Most cell phone in-home access to the Internet. report, Exploring the Digital Nation- industry data indicate that at least While high-end smartphones Computer and Internet Use at Home, 87% of Hispanic and Black adults provide expanded functionality, 70% of White households have own mobile phones compared to they are less able to support high-speed Internet compared 80% for their White counterparts. teens in fulfilling academic to 57% and 55% of Hispanic and Amongst all teens, ages 15-17, requirements. Therefore, teens Black households respectively. It 83% have a cell phone (Pew from homes without Internet
THE LEGISLATOR | April 2013 5 access, particularly high-speed through mobile devices, as well associated with education and Internet, are at greater risk of as a heavy focus on applications, social networking, young people under-performing academically mobile-based entertainment, with limited or no access to as they have limited access to and gaming indicate a proclivity technology and the Internet may information. Even though a for technology. Unfortunately, be less inclined towards civic teen might access the Internet this also indicates that Black and participation and engagement. on his or her cell phone, it is very Latino youth are more inclined The last two presidential difficult to write a term paper on to engage in the aforementioned elections have demonstrated that a mobile device. activities as opposed to using civic activities will continue to the Internet for educational or become more dependent upon Teens and young adults in employment purposes. These technology. Without equal America are heavy users of social disparities in usage and e-culture access, young people of color may networking platforms, limiting have the potential to create even have a lesser voice in the most face-to-face interaction. For greater divides in educational important issues of our time and Black and Latino teens, social attainment and employment lower voter participation in the networks are an integral part of success between teens of color future. their daily lives. Their extensive and their White counterparts. use of the Internet, primarily In addition to the challenges Ultimately, legislators and their constituents must work to ensure that accessibility, affordability, and meaningful use of technology by teens and young adults are high priorities. Collectively, we should work to establish an effective e-culture. By being intentional about the integration of technology into our lives, we can avoid the potential destruction of the technological storm and instead harness its power to galvanize our young people.
LaKimba B. DeSadier has served as the Executive Director for NBCSL since 2003. She has worked to promote the organization in state legislatures, as well as increase its membership and visibility nationwide.
6 THE LEGISLATOR | April 2013 Feature Article
“Teching” it to the Next Level: Changing the Face of America’s Communities By Michael K. Powell, President & CEO, National Cable and Telecommunications Association
With high-speed Internet access available to 95% of the country, and more than 90% of the U.S. population owning mobile devices or using a mobile broadband connection, America real, particularly for communities concentration and potential has become a truly connected of color who were once on the economic growth for our nation. From innovations in wrong side of the digital divide. communities. set-top boxes, smart technologies in homes, hospitals schools, in Technology Helps Level Technological advancements of addition to the ever-increasing the Playing Field the past decade have enabled our access to an array of mobile During this country’s agricultural families to stay better connected devices and applications, the and industrial revolutions, both at home and abroad. majority of our population African Americans were unable They allow us to explore new currently enjoys the benefits to capitalize on social and opportunities as online content of technology to enhance and economic gains made by the creators in addition to establish improve their everyday lives. broader society. The advent of the and support digital enterprises. technological revolution, however, Not only are we using technology In the last four years, $250 billion has provided an unobstructed to find jobs or research answers has been invested in America’s pathway for our communities to daily queries, but technology broadband infrastructure, to become innovators and allows us to become more energy but that represents just a entrepreneurs, as well as tap new efficient, better manage our fraction of the total economic levels of unrealized potential. finances, and connect with each impact the technology and Furthermore, African Americans other in previously unheard telecommunications sectors have over-index in the use of mobile of ways. on our economy. The benefits technologies and social media, of America’s tech revolution are representing a new area of market
THE LEGISLATOR | April 2013 7 Technology Keeps Americans to quickly mobilize to In addition to supporting Us Connected – voice support or concerns about infrastructure growth and Economically, Socially pending legislation or looming eliminating regulatory barriers and Politically regulations. to innovation, state policymakers Technological innovation is can play a critically important driving America’s economy in State Policymakers role in promoting technological the 21st century, and broadband Are Key to Increased adoption and digital literacy. Internet access has become the Technological By expounding upon the value critical infrastructure of our Advancement proposition of technology to our day. It facilitates commerce and Policymakers are uniquely communities, the country and economic development, and positioned to ensure that we the world, you can help set the can be leveraged to improve continue to support technological tone for increased activity and social and political outcomes. advances and employ a 21st century engagement in this space. Whether we refer to technologies framework to problem solving. that help connect students to Whether the challenges we face In this new connected nation, new educational opportunities as a nation pertain to finance, we have an opportunity and through distance learning unemployment, commerce, obligation to ensure that our programs, or ground-breaking healthcare or education, communities are well situated to applications that enable people technology can help create more take advantage of technological in rural communities to take efficient and affordable outcomes. innovation. We are facing a advantage of mHealth and watershed moment in our telemedicine to prevent or State legislators should encourage collective history that will allow monitor serious health conditions their colleagues in Congress and us to enhance our country and (like diabetes and heart disease), the Federal Communications improve lives. Together we can technology has a profound ability Commission to ensure robust “tech” things to the next level. to help us live better. spectrum delivery to the market so we can continue to innovate in Beyond its economic and social this space. Cable operators have benefits, technology has become utilized unlicensed spectrum to the ultimate community- deploy more than 100,000 Wi-Fi organizing tool. The dramatic hotspots in communities across impact social media and online our country, enabling consumers mobilizing had on President to stay connected well beyond the Obama’s 2008 and 2012 home. Additionally, it is worth campaigns exemplifies the revisiting the current regulatory manner in which technology structure of our technology and has changed the face of civic telecommunications policies. If Michael K. Powell, former engagement in this country. those policies are antiquated and Chairman of the Federal Communications Commission Whereas people once relied on do not take into consideration (FCC) from 2001 to 2005 and sit-ins and protests to achieve the advanced technology a member of the FCC for eight political impact, today a laptop, infrastructure we have available years, began his tenure as broadband connection, and social to us today, policymakers ought President & CEO of the National Cable and Telecommunications media serves as our everyday to consider revising or repealing Association (NCTA) on ballot box allowing ordinary them. April 25, 2011.
8 THE LEGISLATOR | April 2013 Perspectives
The Bar Has Been Set: Utilizing Technology and Innovation in Electoral Campaigns By Stefanie Brown James, Vestige Strategies, LLC
Prior to Governor Howard Dean’s campaign for President in 2004, the idea of utilizing the Internet to raise massive amounts of money was basically laughable. This was especially true when you consider that the donors his campaign was soliciting via the Internet weren’t the traditional millionaires and CEOs, but working class people who had a genuine interest in seeing their candidate reach the highest office in the land.
Dean ultimately had to withdraw fine-tune Dean’s strategy and his candidacy due to poor completely demolish the idea showings during the primary of politics-as-usual for electoral season, but his grassroots campaigns. funding strategy raised almost $50 million, with an average So what does this have to do with individual donation of just $80. state lawmakers? Two words: This set the stage for then- technology and innovation. Like candidate, Barack Obama to peanut butter and jelly, milk and
THE LEGISLATOR | April 2013 9 cookies, or Ossie Davis and Ruby outreach and get-out-the-vote for America campaign in 2012 Dee, technology and innovation efforts. As a result of the Help to reach supporters and voters are a perfect pair. In an ever- America Vote Act (HAVA) passed digitally was the creation of the changing society where young by the United States Congress online organizing platform, people ages 18 to 29 had the in 2002, states were required to Dashboard. With this revolutionary strongest participation levels in compile an official voter database technology, staff, volunteers, and the Black community in 2012, for the state by January of 2006. supporters were able to create it is imperative for current and Consequently, many companies individual profiles to help them prospective elected officials to use paired this compiled data with better engage with people across new technologies and innovative consumer data to create a the country. With Dashboard, ideas to stay connected with their comprehensive database that users were able to use a myriad communities. gives a clearer picture about the tools to bolster their work on the voters you are working to engage. ground, such as keeping track of While there are a multitude of their field activities (i.e., number ways technology and innovation An online, voter database is a of doors knocked and phone calls may be used to register, educate, necessity for any organization or made); joining groups to discuss and mobilize voters to the polls, campaign that conducts a large- a particular topic of interest; and highlighted below are a few key scale voter contact program. sharing best practice tips. examples of how the bar was set From identifying the issues and in 2012. candidates voters care about to Even with Dashboard’s many “cutting turf” for a volunteer uses, perhaps the most valuable The necessity... canvass operation, this database function the online system As partisan and non-partisan is the most important tool in the provided was its customizable political campaigns become world of electoral politics. call tool that enabled a supporter more sophisticated, access to a anywhere in the country to log registered voter list management Old tool, new tricks… in to their account, obtain a system is essential for a One of the most ambitious script with phone numbers, and campaign’s voter registration, projects undertaken by the Obama dial registered voters in a key
10 THE LEGISLATOR | April 2013 and necessary requirements. In this day and age, every public Providing a young person with official should have an account knowledge, a positive experience, on Facebook, Twitter, and Instagram and opportunities is one of the to give and receive information best investments you could ever to your constituents. Remember, make. however, it is imperative that you keep your online and social Another essential part of your media profile updated and bench is its skill and expertise. relevant–a perfect job for a Just like professionals who must trusted staff member or intern. earn continuing education credits, your team must be The work continues… trained (and re-trained) on the At the end of the day, technology latest techniques to drive voters and innovation are only useful to the polls. This training should if they help you reach the be interactive, held in-person people you are working to serve battleground states. The ease whenever possible, and take place and support. By keeping your and convenience of this call continuously throughout any constituents at the forefront of tool mobilized thousands of campaign to ensure everyone is your agenda, our communities supporters to call potential voters on the same page and resourced will continue to progress and and has permanently advanced with the latest information. see meaningful change that will the level of engagement by impact generations to come. campaigns. Social media is a social must! Where’s your bench? Gone are the days when you had As a state legislator, it is to wait until the next morning important to create a bench to hear about breaking news or of leaders not just for your use an encyclopedia to research a campaign, but for the community topic. Media, especially the news, as well. If the five people you talk is a 24-hour, 7-days-a-week staple to the most can vividly remember that can pass you by if you’re the civil rights movement because not paying attention. But the all of them actually lived it, you most exciting thing about social have a problem. Identify talented media is its ability to scale down the world and place information young people who can serve Stefanie Brown James is the as interns, coordinators, and at your fingertips. According to CEO of Vestige Strategies, LLC consultants, etc., to help with your research conducted by Google and and served as the National outreach efforts and technology GlobalHue, African Americans African American Vote Director for the 2012 Obama for America needs. Oftentimes, students use social media – especially campaign. Formerly, Stefanie serve as a good population to Twitter and video sites – and own served as the National Field from which to recruit. They can smartphones significantly more Director and Director of the receive educational or community than other communities. Youth & College Division for the NAACP. Visit her online at service credit, so be sure to StefanieBrownJames.com or on have them confirm the options Twitter @StefBrownJames.
THE LEGISLATOR | April 2013 11 Perspectives
Online Voter Registration: The Future Arrives By Assemblymember Holly J. Mitchell (CA)
While California has the largest, most diverse electorate in the nation, we rank near the bottom in the percentage of eligible citizens who are actually registered to vote. Unfortunately, those who are registered do not reflect our state’s diversity. As a result, California elected leaders, academicians, and philanthropists have joined forces the implementation of online between September 2012 and in an effort to identify structural registration, general registration the registration deadline on barriers to California’s voter had begun trending toward a October 22nd, 30,000 actually registration system. two percent increase in the first voted – nearly 80%. This may well half of 2012. Nonetheless, a change ballot outcomes in future A new trend in voting rights University of California at Davis elections and on voter initiatives, is clearly underway across the study concluded that the increase effecting progressive changes in country: online voter registration. in those registered to vote in the taxation and social justice issues While no states or territories November general election was such as the state’s “three strikes allow citizens to cast votes unprecedented, adding more law.” or submit ballots online, 12 than 510,000 new voters to the states now allow online voter rolls. Approximately 49% of both Clearly, those who are motivated registration, and three states are general and youth registrants to register online do turn out considering doing so. Of the 12, used the online option to register to vote, especially as compared only New York and Maryland to vote—signifying that this to those who sign up through have higher percentages of became the dominant method of voting registration drives (e.g., African-American residents registration for Californians once door-to-door, mall sign-ups). than California, which suggests implemented. First-time voters under the age important potential impacts for of 25 are most likely to take African Americans. By far, the most significant advantage of the online option. outcome of online registration Their representation among California launched its online appears to be the number of overall registered voters rose one voting registration system new African-American voters percent—easily enough to change last September, after the it brought into California’s election outcomes in close local, 2012 Presidential and most electorate. Of the 38,000 African statewide, and even national legislative primaries. Prior to Americans who registered elections. Research confirms
12 THE LEGISLATOR | April 2013 what has long been common sense: Ease of access improves voter turn-out, especially in communities with less access to other resources, including alternative voting methods (e.g., mobile units). disqualification, and Yet, many members within our disinformation, were brazenly communities fear security risks The United States’ political carried out nationwide during associated with the gathering of electorate has become so the past presidential election, personal data through online polarized since the Vietnam War further demonstrating that registration, as well as the that elections are increasingly African-American voters continue prospect of “paperless” balloting decided by a fraction of one face obstacles at the polls. they believe could lead to stolen percent of the ballots cast. Homelessness and incarceration elections. Those fears are not Districts that were historically further contributed to the groundless, but they can and considered “safe” for one party under-registration of African should be addressed through or the other continue to undergo Americans. The Supreme Court’s vigilance and the smart use of tectonic shifts in class and ethnic 2010 decision in the Citizens technology. Making registration population as the “browning” United case aggravated the more accessible to everyone of America re-shapes political situation by banning limits on through the Internet is essential. constituencies. Nowhere are the corporate spending in elections. It gives the power of the ballot impacts of those shifts more Voter apathy and alienation, box to everyone, and “everyone” acutely felt than in African- obscured by the presidential includes us. American communities. The elections of 2008 and 2012 but 2000 presidential campaign still apparent in local elections, between Vice President Al Gore behooves African-American and Governor George W. Bush is communities and their elected the classic example of how close leaders to seek new ways to modern elections can be, how facilitate their communities’ important the individual voter participation in elections. is, and how local voting sectors Elected in 2010, Holly J. Mitchell can determine the outcomes For all of these reasons, represents the 54th Assembly in national races. The 2012 it is crucial that online District, which stretches from re-election of President Barack registration become a tool of South Los Angeles to UCLA. She chairs California’s Legislative Obama is yet another example enfranchisement. The Internet Black Caucus and the Assembly’s highlighting the importance of is a useful tool that allows our Budget Sub-committee on Health each vote. Several states were democracy to function better. It & Human Services. Previously, she initially too close to call, resulting also offers the prospect of more headed child advocacy and Black women’s health organizations, in weeks of re-calculation and accurate and targeted tracking of and has staffed State Senator review. voter rights violations as well as Diane Watson, the California documentation of census under- Senate’s Health & Human Services Unprecedented campaigns to counts that cheat minorities of Committee and the Western Center for Law and Poverty. She suppress the African-American votes through gerrymandered is a UC Riverside alumna, a Coro vote through intimidation, re-apportionments. Fellow, and a mother.
THE LEGISLATOR | April 2013 13 Perspectives
The Medicaid Expansion Ball is in Your Court By Joy Johnson Wilson, Health Policy Director and Senior Federal Affairs Counsel National Conference of State Legislatures
March Madness had nothing on “Medicaid Expansion” hoopla! Even now, there are states in the game and on the bubble. Some are looking to next year and other are not even in the game at all. There are maps with colors, stripes, dots, checks, plaids, and various combinations of such trying to provide a visual of the state of the decision-making process and progress to date. Thanks to the U.S. Supreme Court, state legislators have become perhaps the most critical players in the game.
When it comes to the Medicaid expansion, governors usually have to seek legislative approval. Spectators from across the country sit on the edge of their seats waiting for next moves by state legislatures and the federal government. The next few months will prove to be very interesting.
What Happened to the Medicaid Expansion Mandate? President Barack Obama signed two groundbreaking bills in March 2010, the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act, signed into law March 23 and 30 respectively. These laws, commonly referred to as the Affordable Care Act
14 THE LEGISLATOR | April 2013 (ACA), include a plan to extend establishing rate review and expansion. As part of the opinion, affordable, comprehensive reforms. the Court prohibits the Secretary health insurance coverage to of the U.S. Department of Health most Americans. The ACA To make the new program work and Human Services (HHS) from accomplishes this mission by financially, the Act also requires withholding Medicaid funds from individuals to have health a state for failure to comply with 1. maintaining and building insurance coverage or to pay the expansion to the new adult upon the existing employer- a penalty for non-compliance category, essentially making the based health care system; (individual mandate); large Medicaid expansion an option. 2. supplementing that coverage employers (employers with with private coverage for more than 50 full-time How Did U.S. Department individuals with income equivalent employees) to provide of Health and Human between 138% and 400% of comprehensive, affordable Services Respond? the federal poverty level (FPL); coverage to their employees or Shortly after the decision, 3. making coverage affordable by pay a penalty for each employee HHS issued guidance on how providing premium and cost- that seeks coverage through to proceed under an optional sharing assistance; the marketplace (employer Medicaid expansion. The HHS 4. expanding Medicaid to able- responsibility); and states to guidance clarified that bodied, childless adults age expand Medicaid coverage to the 19-64 who are not pregnant new adult category or lose their 1. the opinion does not affect and that have income at or Medicaid funding. other aspects of the Medicaid below 138% of the federal expansion in the ACA; poverty level, and providing Soon after the bills were signed 2. states that adopt the Medicaid states enhanced federal into law, a number of legal expansion may decide to stop matching for new eligibles over challenges arose. Twenty-six providing the coverage at any a ten-year period, including state attorneys general, time and can go in and out of 100% reimbursement for the the National Federation of the expansion at will; first three years; Independent Business (NFIB) 3. the enhanced matching funds 5. providing tax credits to small and several others challenged the are provided for specific years businesses that purchase constitutionality of the individual in the statute, so if a state qualifying products for their mandate and the Medicaid chooses to start its expansion employees; expansion in Federal Court. program in the years after the 6. creating a health insurance In June 2012, the U.S. Supreme 100% enhanced match are over, exchange, now referred to as Court ruled on the challenges, the state cannot reach back a “marketplace,” in every state finding that Congress exceeded and receive higher matching to provide a one-stop shopping its authority under the Spending rates for years when it was not experience for people seeking Clause of the U.S. Constitution participating; and qualified coverage in either with respect to the mandated 4. HHS will not permit phasing the individual or small group expansion of the Medicaid in of the expansion by year, by insurance markets; and program. The Court found that income level, or by demographic 7. reforming health insurance when states originally agreed factors. HHS continues to rules, including the to participate in the Medicaid provide guidance and to review prohibition of pre-existing program, they could not have proposals put forth by states. condition exclusions and anticipated such a major
THE LEGISLATOR | April 2013 15 State Game Plans to be tenuous and the federal Medicaid expansion will require government can be fickle. some state resources, and there are no guarantees that the The extremely generous new marketplaces and the new enhanced match is enticing program will be successful. So as and the expansion of coverage in basketball, states are like teams is important to many states. taking different approaches If states do not approve the Joy Johnson Wilson is the Health to the Medicaid expansion. Medicaid expansion, this will Policy Director and a Senior Federal Affairs Counsel at the National States where the governor and slow efforts to extend coverage Conference of State Legislatures legislature agree on the game and improve our nation’s overall (NCSL). NCSL represents the plan are “going all the way” status. legislatures of the 50 states, its commonwealths, territories and with the expansion (Maryland). the District of Columbia. As Senior Others where the coach and the Federal Affairs Counsel, she assists team cannot agree on the game with overall government relations plan may study some more plays and public affairs activities in the NCSL Washington Office. As and try next year (Alabama), and Director of Health Policy, she some may decide they are in the designs and implements the wrong league and sit the whole lobbying strategy for the conference thing out (Louisiana). At the on health care issues. She also staffs the NCSL Task Force on Federal same time, state budgets tend Health Reform Implementation.
Medicaid Expansion: Pros and Cons
Expansion - Expansion - No Expansion – No Expansion - Pros Cons Pros Cons
Provides affordable, Will the federal Allows state time to prepare If a state does not approve the comprehensive government honor the for 2017 when states can expansion to the new adult coverage to low-income enhanced Medicaid develop their own health population, individuals with workers who would match over the 10-year reform program and apply for incomes below 100% FPL will not otherwise likely be period? a federal waiver to replace the be eligible for Medicaid OR to uninsured and increase Affordable Care Act with the purchase coverage through the new the number of healthy Will the Medicaid state initiative. marketplaces. workers. program take a major hit when/if Congress agrees State can focus on other Makes it harder for a state to improve Most consultant reports on additional budget Medicaid reform efforts health status and outcomes. point to economic cuts or entitlement without concern about growth due to growth reform? expansion costs. Assistance to hospitals that serve in employment and a disproportionate share of people investment in the health Will the premiums and with low-incomes is scheduled to be care sector. cost-sharing be too high reduced beginning in 2014 when the despite the assistance? Affordable Care Act becomes fully Less state spending on implemented. The ACA assumed supplemental health What if a state doesn’t many of the people they served programs. have enough players would be on Medicaid in 2014. to make the health HHS is showing some insurance marketplaces Increased state costs because the willingness to work with feasible? outreach effort brings in more people states to address special who were already Medicaid-eligible, circumstances and to but not enrolled. No enhanced review new ideas. federal match for them.
16 THE LEGISLATOR | April 2013 Perspectives
of affinity groups.Kick Starter is a website that helps people Tech fund causes they believe in, and Change.org allows people to create Engagement online campaigns to promote the issues they care about. Furthermore, hundreds, if not in the Age thousands, of new applications have been created that allow of Obama us to reach people in new ways, By Kristal Lauren High, Editor in Chief, Politic365.com and African Americans have been at the forefront of adopting and using these tools of digital Six years ago, on February 10, 2007, then U.S. engagement. Senator Barack Obama made an announcement Just as our tools have expanded, so too have our possibilities for that would forever change the course of political connecting with new audiences. engagement in this country: “In the shadow of the Especially when it comes to outreach among young people— Old State Capitol, where Lincoln once called on a who are already online in divided house to stand together, where common droves—the Internet provides a brave new space for us to hopes and common dreams still live, I stand before communicate about the issues you today to announce my candidacy for President that matter most: healthcare, education, entrepreneurship of the United States.” and economic development, civic participation, the impact of This declaration proved community-organizing model on changing demographics on our monumental—not only because it its head by applying grassroots increasingly digital world, and lead to the election of America’s mobilizing to Internet time and socio-economic parity. first Black president—but interfaces. because it set the stage for a In taking up the mantle to relay political campaign unrivaled by Social technologies and the importance of these issues, any this country had seen ever online media have now totally blogs like Jack and Jill Politics, Field before. President Obama and his transformed the way we receive Negro, and Michelle Obama Watch, campaign team made history by and use political information, as well as online publications appealing to the often uncounted and they have fundamentally like The Root or Politic365, have and under-represented members altered the ways we can activate combined political savvy and of our society: Blacks, Hispanics, our communities to affect social commentary with current young people, and women. particular ends. Twitter has tech-tools to facilitate better the In addition, they did so using become the sounding board for discourse around the importance tools of 21st century – blogs and political protests and Facebook is of Black politics and the impact social media. They turned the used as an organizing mechanism of “our issues” on the nation at
THE LEGISLATOR | April 2013 17 blogs on their websites to help keep the people in their district updated on hot issues, pending legislation, and opportunities to get more engaged and participate in the democratic process. At the same time, policymakers should large. Even organizations like the in an effort to raise awareness seek out publications that focus NAACP and the National Urban about the issue and provide on African Americans, politics, League have taken to the Internet people with the tools to confront and public policy, and develop to reach broader constituencies pending legislation in their opportunities to collaborate, and make policy and politics states. Likewise, to help support either through interviews, sharing more accessible for the masses. President Obama’s re-election of content, hosting events, bid, online voter registration tools advertising, or other creative Some of the most compelling were used to make it easier for partnerships. examples of the impact people to get certified to vote, new media have on policy GPS-enabled mobile applications Social media and web-based conversations in our communities were created to help people technologies have ushered us into include (1) the response to find polling locations and make a brave new era, and together, the untimely death of Florida online contributions to President we can continue to make history teen Trayvon Martin; (2) the Obama’s campaign, and photo using these new media. campaign against voter ID laws sharing sites like Instagram meant to disenfranchise the Black and Pinterest were used to help vote; and (3) the Get-out-the visualize the various aspects of Vote efforts supporting President the campaign, giving people a Obama’s re-election. different medium through which to interact with each other and After a blogger posted a story the campaign. about Trayvon’s murder and circulated a petition requesting These uses of new media and that George Zimmerman be social technologies are but the brought to justice, the story beginning of how we can make Kristal Lauren High, Esq. went viral, being shared across policy and politics more relevant is the founding Editor in Chief of social networks and commented to people’s everyday lives. To Politic365.com, the nation’s first online publication exclusively on by a variety of websites until further the impact of these focused on politics and public it was eventually picked up by technologies and platforms, policy from a multicultural mainstream media. In the case state elected officials can play an point of view. Prior to launching of the campaign against voter important role in making sure Politic365, Kristal developed an expertise in broadband adoption ID laws, new coalitions were their constituents stay connected among minority, low-income and created, websites were erected, to issues of importance by using underserved populations through social media campaigns were new media themselves. In her work with the Minority Media and Telecommunications Council designed, virtual town halls addition to having active social and the Joint Center for Political were conducted and online media accounts, policymakers and Economic Studies’ Media & press conferences were held, all should consider implementing Technology Institute.
18 THE LEGISLATOR | April 2013 SPOTLIGHT: Corporate Roundtable
Data, Diabetes, and Disparities: Two local programs leverage technology in innovative ways to reduce healthcare disparities By Noreen M. Clark, Ph.D., Director, National Program Office, Alliance to Reduce Disparities in Diabetes; Myron E. Wegman Distinguished University Professor, Director, Center for Managing Chronic Disease, University of Michigan
National policies to reduce disparities often do not reflect the very real obstacles faced by those working to improve the quality of and access to care in challenging communities. For example, the lack of adequate federal and state requirements for sharing community-wide health data make identifying those populations most in need of interventions very difficult, furthering disparities. With the help of
THE LEGISLATOR | April 2013 19 technology, local programs that type 2 diabetes. Type 2 diabetes can be realized by addressing make up the Alliance to Reduce disproportionately affects African these factors together. The Disparities in Diabetes are Americans, American Indians, challenge is how best to balance finding ways to overcome care Asian Americans, Hispanics/ the responsibilities of lawmakers delivery barriers and could serve Latinos, and Pacific Islanders. with the needs of local healthcare as models for national efforts to These groups also comprise a professionals. According to reduce diabetes disparities. disproportionate share of the the experience of the Alliance poor and uninsured. grantee sites, healthcare providers Health care disparities are need flexibility, incentives, and perhaps among the most vexing At the Alliance to Reduce comprehensive support to shape problems in medicine, public Disparities in Diabetes, a national their care delivery in ways that health, and health policy. Despite program launched and supported maximize the use of evidence- an increasing awareness of the by the Merck Foundation, we based interventions and, thereby, wide gaps in health between are working to uncover ways improve diabetes outcomes for low-income and minority to reverse this trend through a underserved communities. populations and the rest of series of local health care delivery Americans, disparities continue programs being run in five Alliance sites are making to grow. This is especially true communities across the country. progress, but their leaders report for diabetes, a chronic disease Each of the Alliance’s health care facing an array of barriers in the that sits at the center of America’s delivery sites have implemented healthcare delivery and financing struggle with how to increase multifaceted, evidence-based systems that have limited the access to care, improve quality of programs designed to improve success of interventions. These care, and decrease the costs of care for those who are most likely include care, battling all at the same time. to be burdened by diabetes. the healthcare system’s focus Diabetes affects 25.8 million Extensive research has shown on payments based on units Americans (about 8.3% of the that disparities in health care of care, on specialty care, U.S. population). Individuals are often a result of insufficient and high-cost, high-tech in specific racial and ethnic health resources and poor interventions; groups experience the greatest disease management. Success state credentialing standards prevalence and widest disparity in identifying critical gaps in that present barriers to in outcomes for both type 1 and care and reducing disparities payments for community
20 THE LEGISLATOR | April 2013 health workers who can patients, sometimes even within race, ethnicity, and language provide needed links to the housing communities, to choices from a prescribed list. In community care resources and help them better manage their combination, these data allowed education; and diabetes. Camden has seen a the program to identify the technologies, costs, and reduction in hospital visits as a percentage of each group (e.g., policies that can obstruct result of this intervention. ethnic, racial, language) that met timely and comprehensive the diabetes management goal exchange of patient The problem is that the data and to understand statistically information. needed to recognize these significant differences in patterns are often not available to outcomes at a 95% confidence Health systems face many community healthcare providers, level. challenges in their efforts to because there is a lack of data- collect more comprehensive sharing requirements, and The success of health information data and create community-wide hospitals are reluctant to share technology (HIT) models used in datasets. Challenges include claims data. The Camden site is the Camden and Dallas programs tight budgets, inadequate staff working to fundamentally change affirm the value of uniformly expertise, and lack of information how providers, office staff, and and consistently sharing and technology infrastructure to community agencies in Camden reporting community-wide meet regulatory requirements for care for city residents with data, as discussed in a new data collection and to realize the diabetes by building an accessible, report from the Alliance, “Policy benefits of such data collection. high-quality, coordinated, and Considerations that Make the Furthermore, some providers data-driven health care delivery Link.” National and state policies express concerns that capturing system with a strong primary care aimed at requiring data collection such data could raise privacy base. will be important to ensure that concerns among patients and providers at the community level within the community. But data Data sharing across institutions have access to the data. collection efforts among the in Camden is helping to identify Alliance’s grantees are improving individuals who need the most identification of health disparities intense case management. Data and the creation of better are also enabling the health interventions to address them. system to better assess the impact of its various policies to improve For example, the Alliance’s health care quality, control costs, Camden, New Jersey site learned and expand access to care among from analyzing local insurance at-risk populations. claims data that from 2002 Dr. Noreen M. Clark is the to 2008, only 7,041 Camden At the Alliance’s Dallas, Texas Director of the Alliance to Reduce Disparities in Diabetes’ residents made 62,560 visits to site, the use of a diabetes registry National Program Office; Myron the emergency departments and also has yielded benefits. Data E. Wegman Distinguished hospitals in the area, racking from the registry has been University Professor; Professor of Health Behavior & Health up more than $1.5 billion in included in electronic medical Education; Professor of charges. Using these data, they records and patient charts, Pediatrics; and Director of the were further able to determine allowing healthcare professionals Center for Managing Chronic that most of the residents making to identify high-risk patients. Disease at the University of Michigan. She is interested in these repeat visits to the hospitals Program staff also implemented systems, policies and programs came from only a few housing a series of uniform patient data that promote health, prevent communities in one of Camden’s collection protocols across 110 illness, and enable individuals poorest areas. Based on this provider network clinics, which to manage disease. She is a member of the Institute information, Camden is now systematically ensured the of Medicine of the National reaching out specifically to these recording of patient self-declared Academy of Sciences.
THE LEGISLATOR | April 2013 21 LEGISLATIVE SCOOP
NBCSL’s Legislative Priorities Take Washington: NBCSL Visits the White House, Exchanges with Members of Congress By Ajenai Clemmons, MPP, NBCSL Policy Director
N B C S L’s 2012 Legislative Priorities served as the flagship document for the organization’s policy agenda last year. These priorities were based on policy resolutions ratified during the 2011 Annual Legislative Conference, which focused on affordable housing and homeownership, small business expansion and job creation, increasing affordable access to quality healthcare, education, and rebuilding infrastructure.
Throughout the year, NBCSL NBCSL Priorities in the Director of the White House members continued to voice Midst of a Fiscal Cliff Office of Intergovernmental these priorities in Washington. On the eve of our 36th Annual Affairs; Dr. Alan Krueger, However, when legislators cannot Legislative Conference, 12 Chairman of the President’s be in the nation’s capital to NBCSL members visited the Council of Economic Advisers speak about their priorities with White House to discuss the fiscal and Cabinet Member; Mr. the President, members of his cliff and our legislative priorities. Roberto Rodriguez, Special Administration, or Congressional Members met with President Assistant to the President for members, NBCSL staff ensures Barack Obama and his senior Educational Policy and Member their concerns land in the right economic and domestic policy of the White House Domestic lap and in a listening ear. The advisors: Ms. Valerie Jarrett, Policy Council; and Mr. Luke following recaps two recent Senior Advisor to the President Tate, Senior Policy Advisor for efforts where legislators and staff and Chair of the White House the White House Domestic Policy placed NBCSL’s policy platform Council on Women and Girls; Council. on a national stage in 2012. Mr. David Agnew, Deputy Assistant to the President and
22 THE LEGISLATOR | April 2013 workforce development. Alabama Representative Laura Hall, Housing Policy Committee Chair and veteran teacher, spoke about the need to create pathways to a high-quality education system for all children. She also expressed the importance of fully funding the Maternal and Child Health Block Grant and Promise Neighborhoods, and raising the maximum Pell grant award.
Immediate Past President, Representative Calvin Smyre of Georgia closed out the delegation’s presentation by connecting the fiscal cliff discussion to infrastructure and community health. He underscored the central Led by NBCSL President, economic self-sufficiency. role of Community Health Representative Barbara W. Continuing in that vein, Centers (CHCs) in delivering Ballard (KS), the delegation President-Elect Joe Armstrong care, reaching underserved included legislators from of Tennessee offered ideas populations, and in serving as a Alabama, Colorado, Iowa, for how to simultaneously rich source of jobs. Georgia, Maryland, Mississippi, accomplish goals of job creation, Oklahoma, Texas, and Tennessee. sustainability, financial stability, As a former member of During the meeting, President and the transitioning of more NBCSL—while a state senator in Ballard spoke about protecting people to greater self-sufficiency. Illinois—President Obama said disenfranchised groups, such as Referring to the 2012 Legislative he understood exactly where the elderly, disabled, and working Priorities, President-Elect the members were coming from. poor, from the brunt of deep Armstrong called for appropriate “Your constituencies are our federal cuts. President Ballard funding of programs that pair constituencies,” President Obama also expressed concern that economic development goals with stated. “What you are fighting the fiscal cliff could adversely the building and revitalization of for, we are fighting for. The most impact Community Development affordable communities. important thing right now is to Block Grants (CBDG), grow our economy and to make community-based public safety, Maryland Senator Catherine sure that every American can take workforce training, Medicaid, Pugh, Financial Secretary, raised part in that.” the Supplemental Nutrition concerns regarding owners of Assistance Program (SNAP), and minority business enterprises NBCSL Participates funding for education. Finally, (MBEs) and recommended in Black Women’s she acknowledged President leveraging MBEs to create Roundtable, Engages Obama’s efforts to improve the more jobs in underserved Congressman Paul Ryan Earned Income Tax Credit and communities. She also urged on House Budget Child Tax Credit, touting them the Administration to continue In March of this year, NBCSL’s both as proven anti-poverty tools to help build the capacity of Policy Director Ajenai Clemmons that reward hard work and help HBCUs to be hubs of economic joined representatives of families on the path toward development, research, and organizations across the country
THE LEGISLATOR | April 2013 23 under the banner of the Black training programs to ensure the 2012 Legislative Priorities. Women’s Roundtable (BWR), disadvantaged individuals Originally created as a discussion a program of the National would be able to have the skills platform for NBCSL on the Hill, Coalition on Black Civic necessary to qualify for current the response to NBCSL’s 2012 Participation of which NBCSL jobs and new ones being created. Legislative Priorities has been is a partner organization. Over Noting the importance of quality so overwhelming that it will 300 Black women gathered at education for all children, be issued annually beginning the Capitol to lobby members Congressman Ryan talked about this spring. The 2013 Legislative of Congress. Ms. Clemmons’s how his budget would give Priorities document will reflect most notable exchange was with states greater flexibility. He also state priorities that emerged from Congressman Paul Ryan (R-WI). lauded the pivotal work of long- December’s ratified resolutions: On the morning he released his time NBCSL member, retired (1) Protecting Constitutional budget as Chairman of the House Assemblywoman Annette “Polly” Rights for All Americans, (2) Budget Committee, he hosted Williams of Wisconsin, who Fostering Economic Development the delegation of 11 women in served in the Legislature for 31 and Minority Ownership, (3) his office for a discussion on how years and whom he called a “true Ensuring Quality and Affordable his budget addresses poverty champion.” The Congressman’s Health Care, (4) Promoting through job creation, workforce examples of solutions for Healthy Lifestyles, (5) Improving development and education. The overcoming poverty were rooted Education for All Students, and group also briefly discussed the primarily in individual choice, (6) Creating 21st Century Jobs. criminal justice system. and in the government “getting N BC SL’s Legislative Priorities is out of the way” of non-profits an important communiqué that Chair Ryan answered the group’s and faith-based organizations places the organization at the question on how his budget that could be far more effective. forefront of every policy dialogue would help poor people by At the same time, he agreed exchanging ideas about how to stating that America’s current with Ms. Clemmons that improve communities, optimize tax system is inefficient and poverty was largely structural the nation’s resources, and help overburdens businesses. He and the result of public policy all of our constituents achieve the continued stating that once the decisions. When she offered the American dream. new budget lowered taxes across example of over-criminalization the board for small businesses causing unnecessary poverty, and large corporations – thereby Congressman Ryan agreed making the United States more and interjected that felonies competitive than our neighbors, were an example of this. He like Canada – job creation would said that having too many laws ensue. Then our communities designated as felonies not only (and all communities) would be led to poverty because of people able to take part. Ms. Clemmons being incarcerated and taken expressed that there had been out of the workforce during Ajenai Clemmons currently several instances over the past their sentence, but also because serves as NBSCL’s policy director. She was formerly the twenty or more years in which they are too often unable to ombudsman for Denver’s Office certain corporate taxes had been re-enter the workforce later due of the Independent Monitor, lowered, but the wealth generated to having a criminal record. where she helped establish a was concentrated among a small NBCSL’s policy attests to this civilian agency that monitors police and sheriff internal affairs group of beneficiaries. She dynamic demonstrated by our investigations. She has worked in asked Congressman Ryan how support for full funding of the the Iowa State Legislature as well his budget would concretely Second Chance Act—which as non-profit and private sectors. translate into broad, shared gains aims for successful reintegration Ms. Clemmons holds a Master of Public Policy and B.A. in for the nation. He highlighted of returning citizens into our International Relations, Spanish, how his budget preserved job communities—that capped off and Latin American History.
24 THE LEGISLATOR | April 2013 LEGISLATOR HIGHLIGHTS
NBCSL Members Supporting Technological Innovation
Technology plays an important role in the growth of our economy and in our everyday lives. Policies that promote technological advancement, broad adoption, and safe use not only change the viability of urban communities, but improve our overall quality of life. Advancements are being made in various fields from health and science to education to housing. Furthermore, careers in science, technology, engineering, and mathematics (STEM) are rapidly growing, and they provide additional professional advancement opportunities for African Americans and other minorities. Here we recognize NBCSL members who have contributed to and developed policies that grant access to technological resources and address its usage in our communities. It is through these innovative initiatives that our communities will continue to grow and thrive.
Senator Don Davis (NC) Senator Don Davis has been a member of the North Carolina Senate since 2009. He is a member of the following standing committees: Education/Higher Education, Appropriations on Education/Higher Education, Healthcare, Appropriations, State and Local Government, and Transportation. In addition, he served as a co-chairman of the Joint Legislative Commission on High School Dropout Prevention and vice chairman of the Agriculture, Environment, and Natural Resources Committee.
THE LEGISLATOR | April 2013 25 Specific to his interest in education, Senator Davis helped sponsor SB 118: Digital Learning Competencies/School Employees that directs the state board of education to develop and implement digital learning standards for teachers and school administrators. These standards were recommended by the state’s legislative research commission study committee on digital learning environments in public schools. The bill also calls for education professionals to receive continuing education to improve their skills so that they can provide the best guidance for students as they seek to become successful in their educational pursuits and professional careers.
Representative Mia Jones (FL) Previously a political aide, Representative Mia Jones was first elected to the Florida House of Representatives in 2008. Prior to being elected, she also served on her hometown, Jacksonville, City Council from 2003 to 2008. Her current committee appointments include Appropriations, Education Appropriations, and Health Innovation Subcommittees. Representative Jones is also Ranking Member of the Health and Human Services Committee.
Representative Jones’s support of technology is demonstrated in several ways. In the past few Legislative Sessions, she has introduced legislation to broaden health care coverage by requiring health insurers, corporations, and HMOs to provide coverage for telemedicine services. This session, the bill went through its first reading in March 2013. Representative Jones also serves as Chair for the National Organization of Black Elected Legislative (NOBEL) Women’s Technology Caucus. This caucus focuses much of its efforts on eliminating the digital divide, and in 2010, Representative Jones received the NOBEL Women’s President’s Award as recognition for her work. That same year, NOBEL published a joint policy paper with National Foundation for Women Legislators (NFWL) titled Empowering Women in the 21st Century: Paving the Way with Broadband and Mobility.
Representative Marcus Evans (IL) Representative Marcus Evans was first elected to the Illinois General Assembly in 2012 and is one of the youngest members of the State Legislature. He has also been appointed to the Agriculture and Conservation, Appropriations-General Service, Business Occupational Licenses (Vice-Chair), Finance, and Elementary and Secondary Education committees. Prior to entering the Assembly, his legislative work included serving as the Deputy Chief of Staff for City of Chicago Alderman Michelle A. Harris of the 8th Ward.
Representative Evans recently co-sponsored legislation that supports the use of technology to address crime. Introduced in the 2013 Legislative Session, HB 2893 seeks to establish a state-wide blue alert system that is activated when a suspect has not been apprehended and is considered a threat to the public and police officers. Additionally, the bill outlines the use of television commercials, radio spots, and telephone systems as additional ways to spread awareness about the program and fully implement the new blue alert system.
26 THE LEGISLATOR | April 2013 Representative Beverly Earle (NC) Representative Beverly Earle was first elected to the North Carolina House of Representatives in November 1994. Representative Earle’s legislative committee memberships include Appropriations, Commerce and Development, Government, Health and Human Services, Insurance, Public Utilities and Energy, Subcommittee on Alcoholic Beverage Control, and the Subcommittee on Health and Human Services. Representative Earle has also served as NBCSL’s Health and Human Services Committee Chair (2011-2012).
Representative Earle’s recent work toward the advancement of technology includes sponsoring two bills during the 2013 Legislative Session: HB 44 and HB 45. Signed into law this past March, the Transition to Digital Learning bill (HB 45), called for additional funding for digital textbook resources for elementary, middle, and high school students. HB 45 was just introduced in February 2013 and focuses on adding Internet access and infrastructure to public schools throughout the state.
Representative Anastasia Pittman (OK) Representative Anastasia Pittman has served as a State Representative since 2006. Her committee memberships include the Conference Committee on Human Services (Vice Chair), Human Services (Vice Chair), Appropriations and Budget (A&B) for Higher Education, A&B for Human Services, the Conference Committee on Tourism and International Relations, and Tourism and International Relations.
During the 2013 Legislative Session, Representative Pittman introduced legislation to curtail harassment within the technological space. HB 2278 seeks to expand Oklahoma’s definition of bullying to include cyber-bullying, electronic communication, and other types of harassment. The bill also introduces certain policies for district boards of education in Oklahoma.
Senator Valencia Seay (GA) Senator Valencia Seay was first elected to the Georgia State Senate in 2003. Prior to this election, she served as a State Representative from 2001 to 2002. Senator Seay’s current committee memberships include Appropriations, Government Oversight, Public Safety, Science and Technology, and Transportation. Senator Seay has also served as first vice chair of NBCSL’s Policy Committee on Telecommunications, Science, and Technology.
During the 2013 Legislative Session, Senator Seay co-sponsored legislation to include the term “cyberbullying” in the state’s definition of “bullying.” The bill, SB 279, also provides professional development for bullying prevention strategies and intervention and additional provisions for parental notification.
THE LEGISLATOR | April 2013 27 EDUCATION
Cyberbullying in the Classroom and Beyond: Solutions for State Lawmakers By Lauren E. Williams, MPA, NBCSL Communications & Research Associate; Editor, The Legislator Magazine
28 THE LEGISLATOR | April 2013 It goes without saying that teens are heavy users of online communication. According to a Common Sense Media study, 90% of all American teens have used social media, three-quarters of them have a social networking profile, and nearly one in three teens visits their social networking profile several times a day or more.1 The study also reports that social media use begins at a young age, with 76% of 13-to-14 year olds having visited one of these sites. Increased cell phone use and ownership provides additional access to the Internet for teens. The Pew Center reports that 23% of all youth ages 12-17 say they have a smartphone with ownership being highest among older teens.2 The Internet and social media hold great potential for America’s youth; however, misuse of emerging technologies is a concern for parents, school officials, community members, and legislators. One example of the misuse of these technologies is online intimidation and harassment. Constant intimidation or harassment through the use of the Internet has been termed “cyberbullying.”
What is Cyberbullying? level with non-White teens and intervention due to fear of The National Crime Prevention teens from households with restrictions on cell phone, tablet, Council (NCPC) defines an annual income of less than and/or social media use.7 cyberbullying as harassment $75,000 less likely to report “taking place online and cyberbullying.5 Cyberbullying is considered through text messages sent to especially painful to youth and cell phones.”3 This phenomenon Bullies tend to be easily teens because it can cause great broadly includes bullying through recognized in the school and emotional and psychological e-mail, instant messaging, in neighborhood setting but less is stress, go unnoticed and a chat room, on a website, or known about them in cyberspace. underreported for long periods through digital messages or While some officials see a of time, and lead to more severe images sent to a cell phone. In a difference in these perpetrators, reactions such as suicide and 2007 study, researchers Kowalski others do not. Cyberbullying can depression. For this reason, and Limber found that the most be different from the traditional NBCSL highlighted this act as a common methods for electronic bullying because the perpetrator form of “indirect” bullying in a bullying involved the use of may not be easily identified, the 2012 Policy Resolution, Addressing instant messaging, chat rooms, victim can be seen as an enabler, Bullying Prevention and Intervention and e-mail.4 The frequency of and the act is less controllable. in Schools (YTH-12-27). Ratified cyberbullying reporting varies. Researchers have found that close in December 2011, this resolution In a report commissioned by to half of cyberbullying victims aims to eradicate bullying the U.S. Department of Justice, have reported not knowing through increased research, the Youth Internet Safety Study, the perpetrator’s identity.6 stronger laws that define bullying researchers found a 50% increase Psychologists also see online and cyberbullying, and additional in cyberbullying incidents intimidation as particularly funding to support professional between 1999 and 2004. Ybarra distressing because youth are training and mental services for and Mitchell also saw differences more likely to confront bullies students and faculty. in reporting by race and income alone and without adult/parent
THE LEGISLATOR | April 2013 29 State Action outside of the school setting significant contributions to Increased incidents of if such bullying (a) creates a education and social connection.” cyberbullying have prompted hostile environment at school action from states across the for the victim, (b) infringes on While many proponents of country. As of January 2013, the rights of the victim at school, cyberbullying legislation agree on 16 states enacted legislation or (c) substantially disrupts the strong definitions and effective specifically to address education process or the orderly laws to address the issue, not all cyberbullying and 47 states operation of a school.”9 believe it should be a made a have legislation that addresses criminal offense. Criminalizing “electronic harassment.” States North Carolina has arguably cyberbullying has drawn sharp with laws that specifically outline taken some of the strongest criticism as some see it as a cyberbullying are Arkansas, steps to address cyberbullying conduit for the “school-to-prison” California, Connecticut, inside and outside of the school pipeline system. Although some Hawaii, Kansas, Louisiana, setting. In 2009, lawmakers state legislation explains that the Massachusetts, Missouri, Nevada, not only included the term in offense can be expunged from a New Hampshire, New York, North statutes, but they also made it a juvenile’s record, this action is not Carolina, Oregon, Tennessee, criminal offense. Cyberbullying is guaranteed. Critics warn these Utah, and Washington.8 In punishable in the state as a Class harsh laws may disproportionately most cases, these laws address 1 misdemeanor if the defendant affect children in under- bullying in school and expand is 18 years of age or older and represented and underserved the definition to cyberbullying as a Class 2 misdemeanor if communities, as well as teens in giving additional jurisdiction the defendant is under 18.10 In communities of color. to school officials. To ensure addition to making laws tougher appropriate action, proponents to protect students, North Addressing cyberbullying also of these laws implore state Carolina has recently enhanced has constitutional implications. legislators to make sure that all laws to protect faculty. It is the Since these laws often look to legislation surrounding bullying first state to make student-to- prohibit what one can post, say, and electronic harassment teacher cyberbullying a crime, or do on the Internet, some also include provisions against As of December 2012, lawmakers perceive the law as a violation of cyberbullying. expanded the 2009 law to make the First Amendment freedom of it a misdemeanor for students to expression clause. In a National Legislators in Connecticut post something online with “the Public Radio article about North amended their state law intent to intimidate or torment a Carolina cyberbullying laws, with the passage of “An Act school employee.” legal expert Eugene Volokh Concerning the Strengthening says, “It’s something of a trend of School Bullying Laws,” or Cyberbullying and [cyberbullying laws that attack S.B. 1138. Signed by Governor Related Topics: free speech], but once those Daniel Malloy, this legislation Education and the Law laws are challenged, they’ll be surpassed the language in other School officials are vital partners struck down.”11 Volokh is a UCLA anti-bullying laws to define in combatting cyber-bulling professor who specializes in First cyberbullying as “any act of and devising ways to control Amendment and cyberspace law. bullying through the use of distracting uses of the Internet Although his analysis suggests the Internet, interactive and for children while at school. Many the law’s unconstitutionality, digital technologies, cellular have already taken strides to lawmakers on the state and mobile telephone or other combat this issue. Psychologists federal levels continue to grapple mobile electronic devices or any Subrahmanyam and Greenfield with the broad range of legal and electronic communications.” state, “The challenge for parents constitutional ramifications. The legislation also stated that and schools alike is to eliminate school policies must “include the negative uses of electronic provisions addressing bullying media while preserving their
30 THE LEGISLATOR | April 2013 Conclusion and Programs that continue to ultimate effects of bullying and Recommendations educate stakeholders – from harassment. Increased incidents Alleviating incidents of legislators to laypersons – on of cyberbullying demonstrate cyberbullying is not as easy as the use and proliferation the way in which the “real world” taking away a teen’s cellphone, of social media will prove is now intersecting with the gaming system, or tablet. It beneficial in addressing “virtual world.” Lines are ever can only be solved through incidents of cyberbullying in blurring; therefore, stakeholders a comprehensive strategy the U.S. must come up with solutions that including public policy, school 2. Expand Definitions in State recognize fast fading boundaries. programming and intervention, Legislation: While many states The heightened number of and parent/family involvement. have taken steps to address incidents also corresponds to the In addressing this problem, cyberbullying, some parents speed of technology advancement legislators are encouraged to do and school officials feel that and innovation. Social media the following: more can be done. Amending platforms change quickly and the state legislation to add the mechanisms and features that 1. Stay Socially Engaged: term “cyberbullying” and these sites offer users evolve even Legislators are encouraged expand school jurisdiction past faster. to become more social school grounds may provide media savvy and keep additional security for parents Social media is moving fast and abreast of emerging and students. pertinent legislation should not changes and innovations in 3. Fund Youth-Centered be left behind. communications technology. Programs: Through If legislators are to address traditional and non-traditional Lauren Evette Williams serves as NBCSL’s Communications and Research these issues through policies partnerships, programs that Associate. She was formerly a Chief and programs, they must provide unique workshops of Staff and Communications for an understand the complex focused on safe use of the Atlanta City Councilmember and domain of “cyberspace,” where Internet and social media sites has provided communications and media support to elected officials online bullying occurs. This may help lower cyberbullying and government officials on several understanding will not only incidents and ensure greater levels including municipal, state, and help legislators in relating to communication between all national. Ms. Williams holds a master’s in Public Administration, a bachelor’s their younger constituents, stakeholders. in Communications and Rhetoric, and but it shall also assist them in served as a Communications Fellow drafting legislation to address Just as a picture, tweet, or and Diversity Program Fellow at the problem without violating status can never be completely the Centers for Disease Control and Prevention and the Congressional constitutionally-protected deleted or removed from Research Service, respectively. rights to privacy and speech. cyberspace, neither can the
1. Rideout, V. (2012). Social Media, Social Life: How Teens View Their Digital Lives. Common Sense Media. Online: http://www. commonsensemedia.org/research/social-media-social-life 2. Lenhart, A. (2012). Teens, Smartphones & Texting. Pew Internet and American Life Project, Online: http://www.pewinternet.org/Reports/2012/ Teens-and-smartphones/Summary-of-findings.aspx 3. National Crime Prevention Council. (2012). What is Cyberbulling?. Online: http://www.ncpc.org/topics/cyberbullying/what-is-cyberbullying 4. Kowalski, R.M. and Limber, S.P. (2007). Electronic Bullying Among Middle School Students. Journal of Adolescent Health. 41, 522-30. 5. Ybarra, M, and K.J. Mitchell. (2004). Youth engaging in online harassment: associations with caregiver-child relationships, Internet use, and personal characteristics. Journal of Adolescence. 27, 319-36. 6. Kowalski, RM and Limber, SP. (2007). Electronic Bullying Among Middle School Students. Journal of Adolescent Health. 41, 522-30 7. Juvonen, J. & Gross, E. (2008). Extending the School Grounds?-Bullying Experiences in Cyberspace. Journal of School Health. 78, 496-505. 8. Hinduja, S. & Patchin, J.W. (2013). State Bullying Laws: A Brief Review of State CyberBullying Laws and Policies. Cyberbullying Research Center. Online: http://cyberbullying.us/Bullying_and_Cyberbullying_Laws.pdf 9. CT Public Act No. 11-232 10. NC Statute §14-458.1 11. Miller, L. (2013, February 19). Cyberbullying Law Shields Teachers From Student Tormentors. National Public Radio. Online: http://m.npr.org/ news/Technology/172329526.
THE LEGISLATOR | April 2013 31 BUSINESS, FINANCIAL SERVICES, AND INSURANCE
E-Commerce: Potential State Revenue Source or Complex Tax Issue? By Michael Belitzky, NBCSL Policy Associate
As the nation begins to rebound from the 2008 financial crisis, an effort to improve the country’s fiscal outlook is gaining momentum in Washington, D.C. Leading the way is a conversation surrounding the potential benefits of e-commerce and state sales tax (or lack thereof). Heightened consumer participation has spurred growth of an otherwise stilted retail economy, with the Internet as the largest contributor. E-commerce sales grew from $995 billion in 1999 to $2.39 trillion in 2006. The online marketplace is currently estimated to contribute approximately $4 trillion annually, or around two percent of GDP.1 With the rapid boom of Internet sales, taxing these transactions may be a useful revenue generator for states and the federal government.
The convenience of shopping Before Amazon, there a path of lost revenue for state online has decreased traditional was Quill and local governments. The in-store sales, causing turf wars The ability of online retailers to ruling also enabled retailers to between brick-and-mortar stores operate without collecting sales provide lower prices to consumers and Internet-based retailers. and use taxes is thought to have (undercutting traditional brick- While sales continue to grow, the begun after an important U.S. and-mortar stores). According Internet marketplace remains Supreme Court decision in 1992. to the National Conference of virtually unregulated. States In Quill Corp. v. North Dakota,2 State Legislatures (NCSL), as a and the federal government see the Supreme Court ruled that result of not being able to collect little to no revenue from these a company must have a physical sales tax revenue on remote sales, transactions. If online shopping presence in a state in order to states lost out on an estimated continues without “reform” or require collection of sales or $18 billion dollars in 2008, with regulation, it is projected that use tax for purchases made by more than $7.7 billion alone brick-and-mortar retailers will in-state customers. The ruling from electronic commerce see decreased profits, and states substantiated that online retailers transactions. In 2012, these losses will continue to lose out on did not have to pay state and significantly increased to $23 uncollected revenues. local sales taxes, and created billion and $11.3, respectively.3
32 THE LEGISLATOR | April 2013 The Court also maintained have enacted legislation to echo Arkansas, California, Colorado, that Congress has the authority this document. Connecticut, Georgia, Illinois, to enact legislation requiring North Carolina, Pennsylvania, all retailers to collect sales States have also created “affiliate Rhode Island, South Dakota, taxes without Constitutional nexus” laws to collect tax revenue. and Vermont—have enacted infringement by stating, In 2008, New York enacted a affiliate laws.6 Unfortunately, “Congress is now free to decide pioneering measure requiring little sales taxes have been whether, when, and to what extent large online retailers operating collected. Many online companies the States may burden interstate “affiliate programs” in the state have canceled existing in-state mail-order concerns with a duty to charge sales tax on New York affiliate arrangements and to collect use taxes.”4 sales, even if they have no physical threatened to eliminate future presence. Under this program, programs in states with such States Bypass Court affiliate organizations, such as laws.7 However, even if successful, Ruling, Enact Remote local blog sites, newspapers, the affiliate nexus laws reached Seller Laws and non-profit organizations, only remote vendors with affiliate Despite the Court’s ruling in post links to online retailers arrangements, leaving states 1992, states have maintained their and receive a commission from unable to collect the maximum right to collect taxes, and in some purchases made through these amount of sales taxes owed. cases, enacted legislation to this links. By advertising through effect as well. In 2000, forty- affiliate marketers located Congress Tackles four states and the District of within the state, New York E-Commerce Columbia formed a consortium, lawmakers postulated that To some, the solution to this “tax the Streamlined Sales Tax Project retailers then created a “nexus” problem” rests in the federal (SSTP), dedicated to simplifying or physical presence in the state. government. All state tax systems the collection and remittance of According to the New York State are not uniform, but a federally sales taxes by remote sellers. As Department of Taxation and mandated standard of collection a result of this consortium, the Finance, in the first six months could help alleviate these SSTP drafted a document called since the provision became law, issues. Members of Congress the Streamlined Sales and Use the state gained $46 million.5 have attempted to regulate the Tax Agreement. To date, 24 states Since 2007, eleven other states — collection of sales and use tax
THE LEGISLATOR | April 2013 33 twice. The first attempt was in The legislation gives states the Global Government Relations, at 2007, and the second attempt option to require the collection eBay. “Congress should reject any is currently moving through of “sales and use” taxes already Internet sales tax legislation that Congress. In 2007, The Sales owed under State law by out-of- throws a new tax barrier in front Tax Fairness and Simplification state businesses, rather than rely of small businesses.”10 Act was introduced to promote on consumers to remit those uniformity in the administration taxes to the States—the method Despite e-commerce reform and collection of sales and of tax collection to which they proponents’ claim that use tax. The legislation also are now restricted. The proposed streamlining the taxation system addressed concerns of small legislation seeks to eliminate what would help the entire process online retailers through a small is thought to be a competitive become more efficient and business exception (SBE), advantage enjoyed by internet simplified, opponents counter whereby sellers with less than $5 retailers. that complying with Internet million in gross-remote taxable sales taxes would be a significant sales were not required to collect U.S. Senator Michael Enzi administrative burden for taxes on their online sales. (R-WY), an advocate for companies, particularly small With little unified support, and “e-fairness” stated, “For over a businesses. Keeping track of concerns over the “high” SBE decade, congressional inaction the nearly 10,000 different tax threshold, the legislation failed. has created one of the largest tax jurisdictions throughout the loopholes of our lifetime. The country, with varying rates, bases, Now, with added support from federal government should not and collection methodologies, online retailers and a lower favor some businesses over other would be very challenging for threshold amount of $1 million, businesses and some taxpayers online retailers that have a a bipartisan, bicameral coalition over other taxpayers. It’s time to national reach. of 18 U.S. Senators and 35 U.S. stop discriminating through the Representatives introduced The tax code and put local and Main Another argument addresses Marketplace Fairness Act of 2013 this Street retailers on a level playing the manner in which the sales February.8 The act gives states the field with their out-of-state and taxes are used to support local authority to enforce existing sales online counterparts.”9 revenues. Bill opponents say that and use tax laws, if they choose since most Internet companies to do so, by adopting one of the Divided on Federal require little in the way of state following options: Solution services and infrastructure, sales E-commerce reform opponents and use tax should not apply Streamlined Sales and Use Tax have bolstered efforts to prevent to them. Proponents disagree Agreement (SSUTA): Allows required collection of sales with this notion and see the any state that is a member tax. Organizations such as the use of state highways, postal of SSUTA to require remote National Taxpayers Union and services, and other transportation retailers to collect state and Americans for Prosperity, and mechanisms as justification for local sales and use taxes; or companies such as Overstock.com tax collection. Alternative Minimum and eBay argue it would create a Simplification Requirements: complicated new tax system and Brick-and-mortar retailers have States that are not SSUTA would stifle Internet commerce. joined dozens of government members may require remote “Small business retailers using associations in applauding retailers to collect state and the Internet are innovators using the proposed federal solution local sales and use taxes if they technology to grow a business, to the collection of sales and adopt minimum simplification create jobs in local communities, use tax. David French, Senior requirements as outlined in and serve consumers with Vice President for Government the bill. competitive alternatives,” said Relations at the National Retail Tod Cohen, Vice President and Federation, stated, “While store Deputy General Counsel of owners collect and remit state
34 THE LEGISLATOR | April 2013 and local sales taxes, their digital physical presence in the state. and traditional retail businesses competitors are off the hook To date, thirty governors have in support of the measure include – and benefiting because of it. written individual letters in Bed, Bath, and Beyond, the Target This sales tax disparity hinders favor of the bill. The National Corporation, the J.C. Penney community-based retailers, Governors Association contends Corporation, and Buy.com. hurts Main Street jobs, and has this is an issue on which states [led] to a $24 billion loss for and Congress can come together. For now, it appears momentum is state and local governments.”11 Tennessee Governor Bill Haslam on the side of e-commerce reform The Marketplace Fairness Act testified before the U.S. House proponents. Whether standing boasts support from over 200 Committee on the Judiciary as independent legislation or as business, labor, and state and in support of the Marketplace part of a larger bill, Washington local government organizations Fairness Act stating, “This chatter indicates that requiring including the National discussion isn’t about raising collection of Internet sales tax Conference of State Legislatures; taxes or adding new taxes. This is will soon be standard practice, no Governors Association; National about states having the flexibility matter where a consumer decides Association of Counties; National and authority to collect taxes that to shop. League of Cities; Retail Industry are already owed by their own Leaders Association; National in-state residents.”13 Although all Retail Federation; International parts of the legislation have not Council of Shopping Centers; been agreed upon yet, many state Michael L. Belitzky serves as a Policy Amazon.com; and American governments see it as a step in the Associate for NBCSL focusing on Federation of State, County, and right direction towards Internet health, labor, military, veterans, Municipal Employees.12 regulation reform and increased housing, business, financial services, and insurance issues. He was revenues. Previously a formidable formerly a Federal Policy Advisor State Governors have long opponent, online giant Amazon. to Florida Governor Charlie Crist, supported legislation that com now also supports the new served in the Florida Legislature as allows states to collect and remit proposed legislation causing a a Special Assistant to the Senate President, and managed coalitions for state sales taxes from online notable divide within the online various Florida political campaigns. companies that do not have a sector. Other large-scale online
1. United States Department of Commerce, Census Bureau. (2012). Wholesale and Retail Trade: Online Retail Sales. [Data file]. Retrieved from http://www.census.gov/compendia/statab/2012/tables/12s1055.pdf 2. Quill Corp. v. North Dakota, 504 U. S. 298 (1992). 3. National Conference of State Legislatures, (2013, February 14). NCSL Announces Support for Marketplace Fairness Act of 2013, Calls on Congress to Pass. Retrieved from http://www.ncsl.org/issues-research/budget/letter-of-support-for-the-marketplace-fairness-act.aspx 4. Institute for Local Self-Reliance. (2013, January 8). Internet Sales Tax Fairness. Retrieved from http://www.ilsr.org/rule/internet-sales-tax- fairness/ 5. Institute for Local Self-Reliance. (2013, January 8). Internet Sales Tax Fairness. Retrieved from http://www.ilsr.org/rule/internet-sales-tax- fairness/ 6. Ibid. 7. Fowler, G.A., (2009, June 23). Amazon Warns Calif. Lawmakers on Sales Tax Bill. The Wall Street Journal. Retrieved from http://online.wsj. com/article/SB124579383785943841.html 8. Marketplace Fairness Act of 2013, S.336, 113th Cong. (2013). 9. United States Senate, Office of U.S. Senator Michael B. Enzi, Wyoming. (2013, February 14). Press Release: Members of Congress introduce bipartisan bill to level the playing field for local merchants. Retrieved from http://www.enzi.senate.gov/public/index.cfm/news- releases?ContentRecord_id=27ed84d0-5ab2-4054-afdc-423a8bd36699 10. Cohen, T., eBay. (2013, February 15). Press Release: eBay Calls For A Real Small Business Exemption In Any Internet Sales Tax Legislation. Retrieved from http://www.ebaymainstreet.com/news-events/ebay-calls-real-small-business-exemption-any-internet-sales-tax-legislation 11. Schatz, S., National Retail Federation. (2013, February 14). Press Release: NRF Welcomes Introduction Of Marketplace Fairness Act. Retrieved from http://www.nrf.com/modules.php?name=News&op=viewlive&sp_id=1529 12. United States Senate, Office of U.S. Senator Michael B. Enzi, Wyoming. (2013, February 14). Factsheet: The Marketplace Fairness Act of 2013. Retrieved from http://www.enzi.senate.gov/public/index.cfm/files/serve?File_id=dc86c21c-530d-4802-8d8b-4a3a2745cbd7 13. The Marketplace Equity Act of 2011: Hearing before the House Committee on Judiciary, 111th Cong. (2012). (testimony of Bill Haslam, Governor, State of Tennessee). Retrieved from http://www.nga.org/cms/home/federal-relations/nga-testimony/2012--nga-testimony/col2-content/july- 24-2012-testimony---the-mar.html
THE LEGISLATOR | April 2013 35 ENERGY, TRANSPORTATION, AND THE ENVIRONMENT
Growing a Sustainable Economy By Brandt Thorington, NBCSL Policy Consultant
A green economy is a system of resources aimed at creating long-term jobs, industries, and opportunities while maintaining sustainable practices such as
36 THE LEGISLATOR | April 2013 energy efficiency, waste and pollution reduction, and clean energy generation. The Bureau of Labor Statistics (BLS) examines sectors within green economies by monitoring goods and services that benefit the environment, or Green Goods and Services (GGS). In 2010, GGS jobs accounted for 2.4% of U.S. employment with 2.3 million jobs in the private sector and 860, 300 jobs in the public sector. More specifically, GGS jobs make up roughly 6.8% of the construction industry, 11.9% of the utility industry, and 4% of the manufacturing industry. Although green economies offer various environmental and sustainable benefits, elected officials are still working on ways to fully implement them on state and national levels. In this article, we highlight innovative practices being used to create green economies across the nation.
Green Collar Jobs to deserving communities “Green Jobs Czar” in the Obama One benefit of the green through the Oakland Green administration. movement is the opportunity Corps Jobs program. Green for All for economic empowerment. defines a green-collar job as a Urban Farming Proponents of the green “well-paid, career track job that Fresh food options are often movement see it as a way to contributes directly to preserving lacking in urban areas, which provide social and economic or enhancing environmental directly impacts the health and mobility for all Americans. quality.” The jobs program is an well-being of those communities. Leading the conversation on innovative initiative that combats Urban farming allows residents green jobs and empowerment barriers to employment and to grow fruits and vegetables in are Green for All and The Ella assists non-traditional job seekers unconventional spaces, including Baker Center, two non-profit with opportunities in green empty lots, abandoned buildings, organizations founded by construction, solar installation, and roof tops. Headquartered in committed green jobs champion, home weatherization, and other Milwaukee, WI, Growing Power is a Van Jones. Green for All is an green fields. The program national non-profit organization organization dedicated to targets parolees, at-risk youth, that works to empower supporting sustainable those without a GED or high community members to set up practices while providing school diploma, and non-English farms and create sustainable long-term employment and speakers, and provides them with food sources. The program is financial stability to low-income job opportunities and access to nationally recognized and helps communities. The Ella Baker Center wrap-around services such as develop community food systems is named after a civil rights hero financial education and other through training, technical who sought to inspire and guide training.2 Since the program assistance, and education emerging young leaders, and it started in 2006, it has achieved outreach. is dedicated to advancing “racial local and national success. The and economic justice to ensure Oakland Green Job Corps model There are many benefits to urban dignity and opportunity for has helped to expand green farming. The practice not only low-income people and people of opportunities and economic produces food, but helps the color.” empowerment throughout environment as well. Residents the nation. So much so, that can save time, money, and even Together, these projects work organization’s founder, Van carbon emissions by growing to provide “green collar jobs” Jones, was tapped to serve as the their own food. Residents will
THE LEGISLATOR | April 2013 37 also cut down on ingesting projects, but this is the first time state predicts that roughly 350 harmful pesticides and other it has been implemented on such companies and 600 facilities are chemicals commonly found a large scale. impacted by legislation. Although in produce. Urban farming some facilities may move out of also helps to beautify a state’s Since the project is in its early the state, the law could generate landscape as buildings and lots stages, critics worry about long- numerous jobs as several are re-purposed for planting. term effects and the propriety industries make efforts to reduce of private industry dictating their carbon footprint. Businesses Retrofit Chicago city policy. However, should are expected to implement new The city of Chicago will spend this model work, it could be practices to reduce emissions, more than $225 million duplicated across the country creating a greater demand for from a new public-private for retrofits and new means of green technologies. Should the Infrastructure Trust to retrofit financing. With its innovative program succeed, it could serve buildings throughout the city. funding structure and potential as a national model.5 This program will allow for impact on urban communities, over 100 municipal buildings to it is an initiative certainly worth National Network be retrofitted and is expected watching. for Manufacturing to create about 1,000 jobs for Innovation (NNMI) Chicagoans, while saving over California Cap and President Barack Obama $20 million a year. In addition Trade Program mentioned the first of what is to to improving energy efficiency California is the first state to become 15 centers for innovation in city buildings, the program implement a cap and trade in manufacturing in this year’s will also work with businesses program, which is designed to State of the Union address. This owners and residents to improve allow the state to limit (or cap) program not only targets those efficiency in offices and homes. carbon emissions, and then set up areas of the country that have The Infrastructure Trust allows a market place where the various been hardest hit during the the Chicago city government to businesses affected will be able to recession by creating new job start the project with no upfront buy and sell their carbon credits opportunities, but the program costs, while assuring long-term (or trade). The first carbon also seeks to rebuild the nation’s savings. credits were sold at auction for manufacturing capabilities. The slightly more than $10 in 2012. National Additive Manufacturing The most innovative aspect of Under a cap and trade program Innovation (NAMI) Institute is this program is the financing, like the one in California, the the pilot center in Youngstown, which allows the city to provide state sets an overall carbon Ohio. It focuses on bringing 3-D no upfront costs for the retrofit. limit and either auctions off printing to the manufacturing The Infrastructure Trust – the carbon credits, or credits can industry by convening private project’s main funding source – be distributed by each industry companies, educational will be mostly financed by private affected. In total, their initial institutions, and non-profit investors. Chicago will pay its offering raised $223 million. organizations. Currently, 3-D energy savings (by using the past Most of that funding will be used printers are used to create models utility bills) back to the investors to help reduce utility rates for in an instant, much the way your over the next 15 years. Should residents around the state, as home printer does with a simple the savings not be realized, the many utilities are raising their document. With these printers, investors will take a loss on their rates to deal with the increased you could simply print your own investment. If savings are greater focus on renewable energy. whistle or plastic case for your cell than anticipated, the investors phone. will reap the reward (up to a The cap and trade legislation certain limit). This model has in the state requires that a third The problem with 3-D printers been used to finance private of the energy produced in the is that they can be costly to projects in the past, such as solar state must be green energy. The purchase and print. The NAMI
38 THE LEGISLATOR | April 2013 center in Youngstown seeks to U.S. Environmental Protection technical and financial programs lower 3-D printer costs and make Agency (EPA) coordinated offered under this initiative, but this process more in line with federal resources to institute they can attempt to employ a that of a professional printing environmentally sound similar model of state agencies press. U.S companies will then practices that improve access to working together to produce be more apt to use these devices affordable housing, additional similar results. and make products quickly and transportation options, and at minimal per unit cost to spur lower transportation costs. This Going green can mean a number domestic production. The next cooperation has made potential of things for communities around Manufacturing Innovation Centers grantee communities look at the country. To go green, your could easily focus on green a comprehensive approach to state is encouraged to employ technology and sustainable community development and a multi-faceted approach that efforts in domestic production. incorporate the variety of assets not only works for green job The production of goods in at their disposal to improve training, but helps to spur the America could be considered neighborhoods. Since 2009, this development of entire industries green because of a reduction cooperation has provided over through public and private in carbon emissions related $3.5 billion to more than 700 partnerships. In order for the to shipping and possibly toxic communities. The partnership green economy to take hold in materials that are found in has allowed various field offices to America and invigorate industries products from other countries. work together on a local basis to like construction, all levels of The administration is looking at help achieve some of these goals government must work together funding three additional centers a well. to provide comprehensive this year, and asking Congress solutions that provide not for funding for the remaining 11 A direct example of this only training, but long-term centers in the following years.6 partnership is in the city of opportunities that will employ Moline, Illinois. Here DOT, citizens for generations. Sustainable HUD, and the EPA have worked Communities together to help fund and Going green cannot be done by provide the support necessary just one agency or department; to transform an old warehouse Brandt Thorington serves as Director it takes a multifaceted into a LEED-certified Moline of Government Relations for the Washington Linkage Group. Mr. approach to ensure the success Multimodal Station. The new Thorington specializes in the following of the movement. The U.S. station will house Amtrak services legislative arenas: justice issues, Department of Housing and and offer aid to redevelop the immigration reform, agricultural Urban Development (HUD), city’s downtown area.7 State policy, hurricane relief, homeland security, community development, and the U.S. Department of and local communities can appropriations. Transportation (DOT), and the take advantage of not only the
RESOURCES 1. Bureau of Labor Statistics, “Employment in Green Goods and Services - 2010,” 22 March 2012, http://www.bls.gov/news.release/pdf/ggqcew. pdf 2. “Making Green Work: Best Practices in Green-Collar Job Training,” The Ella Baker Center, 2013, http://makinggreenwork.ellabakercenter.org/ introduction/ 3. “Our Vision” Growing Power, 2012, http://www.growingpower.org/index.htm 4. Lydersen, Kari. “Retrofit Chicago: Is energy efficiency plan worth the hype?” Midwest Energy News, 31 August 2012, http://www. midwestenergynews.com/2012/08/31/retrofit-chicago-is-energy-efficiency-plan-worth-the-hype/ 5. Silverstein, Ken “California’s Cap-and-Trade Program Creating Carbon Market” Energybiz, 20 November 2012, http://www.energybiz.com/ article/12/11/california-s-cap-and-trade-program-creating-carbon-market 6. Advanced Manufacturing National Program Office “From Discovery to Scale-up: About the National Network for Manufacturing Innovation,” 2012, http://www.manufacturing.gov/nnmi_overview.html 7. Office of Sustainable Communities, “Partnership for Sustainable Communities”, June 2012, http://www.sustainablecommunities.gov/pdf/ partnership_accomplishments_report_508%20compliant_final_062112.pdf
THE LEGISLATOR | April 2013 39 NBCSL Events
[Opening Breakfast and Humanitarian Award Ceremony] From Left to Right, NBCSL President-Elect, Rep. Joe Armstrong (TN), NBCSL Corporate Round Table Vice Chair, Melissa Bishop Murphy, Pfizer, Inc, NBCSL President Rep. Barbara W. Ballard (KS), NBCSL Parliamentarian and 2012 Humanitarian of the Year Award Recipient, Sen. Hillman Frazier (MS), the Reverend Jesse Jackson, Sr., and NBCSL Immediate Past President Rep. Calvin Smyre (GA) stop to take a picture after the Opening Plenary Breakfast and Humanitarian Award Ceremony during NBCSL’s 36th Annual Legislative Conference. NBCSL’s 36th Annual Legislative Conference Highlights By Lauren E. Williams, MPA, NBCSL Communications & Research Associate; Editor, The Legislator Magazine
Black lawmakers from across the United States convened for the 36th Annual Legislative Conference of the National Black Caucus of State Legislators (NBCSL) held December 5-9, 2012 in Washington, D.C. The conference’s theme, Leading a United Front: Diverse Not Divided, underscored NBCSL’s commitment to collaborate with the President and Congress in a spirit of unity.
“When we look at the urgent legislative process,” explained American people, because we live issues facing our state legislators NBCSL President, Rep. Barbara and so close to them. NBCSL each year, we can see the critical W. Ballard (KS). “President stands ready to offer the country importance of embracing our Barack Obama and Congress that united front,” she further diversity and making certain have always understood our role stated. all of us are included in the in supporting and serving the
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Legislators came from across the nation. Represented states included Alabama, California, Florida, Georgia, Indiana, Kansas, Maryland, Missouri, Minnesota, Ohio, Pennsylvania, South Carolina, Tennessee, and the Virgin Islands. Several Corporate Round Table (CRT) members, members of the National Labor Round Table, and other stakeholders were also in attendance.
The conference began with two 02 03 annual events focused on youth development, education, and empowerment. These events included the CRT school visit and the Youth Congress Day. Over 30 CRT members visited McKinley High School. During the visit, CRT members shared detailed stories of success and gave rising juniors and seniors advice for post-secondary school plans. During Youth Congress Day, 250 students from schools 04 <01> throughout Maryland and [2013 State Kickoff Event] Washington, D.C. participated in Members of the Tennessee Delegation gather a guided mock legislative session, around NBCSL President-Elect Rep. Joe Armstrong (TN). by NBCSL legislators, designed to teach them about the legislative <02> process while engaging them on [Opening Plenary and Humanitarian Breakfast] U.S. Congressman Elijah issues most important to them. Cummings (D-MD), Sen. Valencia Seay Attendees were also greeted by (GA), and Mayor Vincent Gray (District former BET personality, “Free,” of Columbia). and Maryland local artist and <03> playwright, Lamont Carey. [Benjamin S. Ruffin Corporate Round Table Giveaways from various sponsors 05 Luncheon] Corporate Round Table Members were distributed at both events. Calvin Booker, Waste Management, Inc., Terri Lee, Merck & Co., Inc, and Larry Lucas, WLL Government Affairs, receive Youth Congress Day scholarship awards during the Benjamin S. Ruffin awardees were Corporate Round Table Luncheon. <04> Ashley Jones-Quaidoo, Dr. Sen. Rodger Smitherman (AL) asks a Henry A. Wise Jr. High School question during a NBCSL policy session. Quasia Heru, Dr. Henry A. <05> Wise Jr. High School [Benjamin S. Ruffin Corporate Round Table Luncheon] Keynote Speaker, Bart Peterson, Eli Lilly and Company.
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<06> NBCSL President, Rep. Barbara Ballard (KS) and NBCSL President-Elect, Rep. Joe Armstrong (TN) at the ALC Press Conference.
<07> Sen. Thelma Harper (TN), Rep. Anastasia Pittman (OK), and others stand in applause.
<08> Corporate Round Table Member Mario Bailey, Becker & Poliakoff, smiles during NBCSL’s 07 08 Host Night Out.
<09> U.S. Congressman Bobby Scott (D-VA) talks with Denise Hales Harrod.
<10> [Opening Plenary and Humanitarian Breakfast] Keynote Speaker, the Reverend Jesse Jackson, Sr., addresses the crowd during the 2012 Opening Plenary Breakfast and Humanitarian Awards Ceremony.
<11> [Opening Plenary and Humanitarian Breakfast] Members of the District of Columbia 09 10 Color Guard officially open NBCSL’s 36th Annual Legislative Conference activities.
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17 <12> [Youth Congress Day] TV Personality, Free and NBCSL Immediate Past President, Rep. Calvin Smyre (GA).
<13> [David S. Holmes Awards Luncheon] Master of Ceremony, WPGC News Anchor Guy Lambert speaks to crowd.
<14> NBCSL Past President Rep. Lois DeBerry (TN) is all smiles during an NBCSL breakfast.
<15> [Youth Congress Day] Rep. Mike Shelton (OK), NBCSL Youth Congress Day Scholarship winner, Quaisa Heru, and NBCSL President, Rep. Barbara W. Ballard (KS).
18 19 <16> [NBCSL Meet and Greet] Rep. Gilda Cobb-Hunter (SC) interviews Co-Executive Producer of ABC’s “The Scandal,” Ms. Judy Smith.
<17> [Youth Congress Day] Over 150 students from Washington, D.C. area schools attended Youth Congress Day this year.
<18> [David P. Richardson, Jr. Nation Builder Awards Reception] Rep. Omeria Scott (MS), Rep. Earl Harris (IN) Rep. Willie J. Perkins, Sr. (MS), and NBCSL Past President, Rep. Mary H. Coleman (MS).
<19> [David P. Richardson, Jr. Nation Builder Awards Reception] Rep. Juandalynn Givan (AL) and Willie James Jackson. THE LEGISLATOR | April 2013 43 20 21
<20> NBCSL National Labor Round Table Chair, Foster Stringer of the American Federation of Teachers greets legislators at the 2012 Executive Committee Dinner. 23 <21> [NBCSL Meet and Greet] Rep. Gregory Porter (IN), NBCSL Secretary, Sen. Constance N. Johnson (OK), and Sen. Derrick T. Simmons (MS).
<22> [David P. Richardson, Jr. Nation Builder Awards Reception] Del. Meshea Poore (WV), Rep. Angela Williams (CO), 22 and Atiba Madyun.
<23> [2013 Host State Night Kick-Off] 2012 Indiana State Nation Builders, The Honorable Viola Taliaferro and Mr. George Taliaferro.
Following the youth day were Session titles and speakers are of Representatives; Ms. Portia conference events focused on as follows: White, Director, Department of policy research, innovation, and Legislative and Political Affairs, implementation. During seven Attacking Obesity from the Start: Transport Workers Union of conference workshop sessions, Supporting Children’s Nutrition America, AFL-CIO; and Ms. NBCSL members discussed Speakers included Ms. Audrey Oramenta F. Newsome, Executive policy issues and resolutions that Rowe, Administrator, Food Director, Washington, D.C. addressed the immediate and and Nutrition Service, U.S. Chapter, Local Initiatives Support long-term needs of communities Department of Agriculture; Corporation (LISC). and constituents. Session Congresswoman Marcia panels consisted of federal Fudge (D-OH), U.S. House Nuclear Energy 360: Secure administration officials, members of Representatives; Ms. Families and Safe Communities in of Congress, state legislators; Sandra Ford, SNS, President, the Wake of Fukushima Daiichi corporate, labor, and non-profit School Nutrition Association; Speakers included Mr. Ed advocacy partners; and subject and Ms. Sandra Schefkind, McGinnis, Deputy Assistant matter policy experts. Three OTR/L, Pediatric Coordinator, Secretary for International of seven panels discussed issues American Occupational Therapy Nuclear Energy Policy and relevant to children and youth, Association Cooperation, Office of including obesity, youth violence, International Nuclear Energy and institutional racism through Building Stronger, Policy and Cooperation, the school-to-prison pipeline Sustainable Communities Office of Nuclear Energy, U.S. and deadly force practices in law Speakers included Ms. Shelley Department of Energy; Mr. enforcement. Two other panels R. Poticha, Director, Office Daniel L. Woodall, Jr., Business discussed economic issues in of Sustainable Housing and Manager, Laborers’ International minority communities, and the Communities, U.S. Department Union of North America; Jeff remaining panels discussed of Housing and Urban Baran, Senior Counsel, Energy health information technology Development; Ms. Carol and Commerce Committee, and nuclear power. Wayman, Senior Legislative U.S. House of Representatives; Director, Congressman Keith and Mr. Jon Franke, Site Vice Ellison (MN-5), U.S. House President for Crystal River
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26 27 <24> [David P. Richardson, Jr. Awards Banquet] NBCSL President, Rep. Barbara W. Ballard (KS) and Gerald Shaffer as he receives a Nation Builder Award posthumously for his mother, Ms. Sherry Hopkins.
<25> 29 [Closing Plenary] Moderator, Author, Professor, and Political Commentator, Michael Eric Dyson; Executive Director of the Kirwan Institute for the Study of Race and Ethnicity, Sharon Davis, JD, and Senior Attorney, National Center for Youth Law, Michael Harris, JD; join the crowd, raising their hands in agreement, during a riveting discussion.
<26> 28 [David P. Richardson, Jr. Awards Banquet] Master of Ceremony, TV Personality and Comedian, Jonathan Slocum walks to the podium.
<27> [Closing Plenary] Rep. Ken Dunkin (IL) and Rep. Larry J. Miller (TN) approach the podium with questions.
<28> 30 [David P. Richardson, Jr. Awards Banquet] 2012 Georgia State Nation Builder Award Recipient, Rita Jackson smiles as she accepts her award.
<29> [Closing Plenary] NBCSL President-Elect Rep. Joe Armstrong (TN) addresses the crowd at the end of the Closing 31 Plenary session. <30> [David S. Holmes Luncheon] 2012 Legislator of the Year, Rep. Gilda Cobb- Hunter (SC) accepts her award.
<31> [David P. Richardson, Jr. Awards Banquet] 2012 Nation Builder Award Recipient, Philanthropist, Beverly Bond, accepts her award.
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<32> [David P. Richardson, Jr. Awards Banquet] The 2013-2015 NBCSL Officers take the oath of office. From L to R, Immediate Past President Rep. Barbara W. Ballard (KS), NBCSL Parliamentarian Sen. Hillman Frazier (MS), NBCSL President-Elect Catherine Pugh (MD), NBCSL President, Rep. Joe Armstrong (TN), NBCSL Financial Secretary, Rep. Laura Hall (AL), NBCSL Vice President Rep. Gregory Porter (IN), and NBCSL Treasurer Rep. Howard Mosby (GA). Not pictured: NBCSL Secretary, Rep. Alan Williams (FL). 33 34
<33> [David P. Richardson, Jr. Awards Banquet] 2012 Pennsylvania State Nation Builder Award Recipient, Michael Rashid looks toward the stage.
<34> [David P. Richardson, Jr. Awards Banquet] Mistress of Ceremony, 35 Washington Informer Publisher, Denise Rolark Barnes greets the crowd during an interlude.
<35> [Benjamin S. Ruffin Corporate Round Table Luncheon] U.S. Congresswoman Terri Sewell (D-AL) greets the crowd.
<36> 36 From Left to Right (back row): NBCSL Parliamentarian, Sen. Hillman Frazier (MS), Sen. David Haley (KS), NBCSL President-Elect Rep. Joe Armstrong (TN), NBCSL Financial Secretary, Sen. Catherine Pugh (MD), NBCSL Chaplain, Rep. Helen Miller (IA), Rep. Larry Butler (CT), Rep. Bruce Morris, (CT), and NBCSL Guest. From Left to Right (front row): NBCSL Guest, Rep. Anastasia Pittman (OK), Sen. Thelma Harper (TN), Rep. Gloria Fox (MA), NBCSL Past President Rep. Mary Coleman (MS), Rep. Karen Camper (TN), and NBCSL Sen. Spencer Coggs (WI) are all smiles after the NBCSL Executive Committee dinner.
<37> U.S. Congresswoman Marcia Fudge (D-OH) speaks during an NBCSL policy 37 38 session on combating childhood obesity.
<38> [Humanitarian Breakfast] Lt. Governor Anthony Brown (MD), Del. Nathanial Oaks (MD), and U.S. Congressman Elijah Cummings (D-MD) pose after the Humanitarian Breakfast event and awards presentation.
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40 41 <39> [Corporate Round Table School Visit] Members of NBCSL’s Corporate Round Table visit McKinley High School in Washington, D.C. during NBCL’s 36th Annual Legislative Conference. From Left to Right (second row): Ron Buford, Alabama Power Company, Rep. Charlie Brown (IN), Centene Corporation Corey Dabney, Indiana Dabney University, Timmy Nelson, UPS, Steve Hightower, Nuclear Plant Duke Energy, Duke Mills, CEO, Zero Chaos; and Ms. Hightower Petroleum Company, NBCSL Corporate Round Table Member At-Large Energy Corporation. Linda Chatmon, President and LaKeitha Anderson, RAI Services CEO, Contracts and Grants, LLC Company, Tamera Brown, Merck & Co., Youth Violence: Consulting. Inc., and Yolanda Cash Jackson, Becker A Matter of Public Health & Poliakoff. From Left to Right (first row), William Cheeks, ABBA Associates, Speakers included Congressman Health Information Technology: Nicholas Worrell, National Transportation Bobby Scott (VA-3), U.S. House The Future is Now Safety Board, NBCSL Corporate Round of Representatives; Dr. Carl Speakers included Mr. Damon Table Vice Chair, Melissa Bishop-Murphy, Pfizer, Inc, Richey Hayes, Nuclear Energy C. Bell, President and CEO, Davis, Special Assistant, Office Group, NBCSL Corporate Round Table Community Mental Health of the National Coordinator for Chair, Cleo Washington, AT &T, Gregory Council, Inc; and Ms. Rachel Health IT, U.S. Department of Jones, The Jones Group, Corporate Round Table Second Vice Chair, Joe Debbs, Davis, MSW, Managing Director, Health and Human Services; American Heart Association/American Prevention Institute. Dr. Jay H. Sanders, President Stroke Association, Sen. Constance Johnson and CEO, Global Telemedicine (OK), Olivia Lang, CVS/Caremark, and Ownership, Entrepreneurship, Group; Mr. Gary Capistrant, NBCSL Corporate Round Table Secretary Paula Hoisington, Net Communications. and Wealth Creation in the Senior Director, Public Policy, African-American Community American Telemedicine <40> Speakers included Mr. Eugene Association; and Ms. Sarah [NOBEL/Women’s Breakfast] Rep. Regina Barrow (LA), Rep. Barbara Cornelius, Jr., Deputy Associate Orth, Division Chief, Health Norton (LA) Keynote Speaker, President of Administrator, Office of Field Information Technology, Essence Communications, Michelle Ebanks, Operations, U.S. Small Business Center for Health Information Sen. Sharon Weston Broome (LA), and Rep. Patricia Hayne Smith (LA). Administration; Mr. Lamell Technology, Maryland Health McMorris, Managing Partner, Care Commission. <41> Perennial Law Group, LLP; [Benjamin S. Ruffin Corporate Round Mr. Joe Briggs, Esq., Public Dismantling Barriers to Table Luncheon] NBCSL Corporate Round Table Member At-Large Patrick Hannah, Policy Counsel, NFL Players Institutional Racism in the 21st Liberty Mutual, U.S. Congresswoman Association; Mr. Rick C. Wade, Century: From School Discipline to Terri Sewell (D-AL), and NBCSL Senior Vice President and Head Deadly Force (Closing Plenary) Corporate Round Table Chair Cleo Washingon, AT & T smile during a break. of China Operations, GreenTech Speakers included Dr. Michael Automotive, Inc.; Mr. Harold Eric Dyson (moderator); Ms.
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<42> Sharon Davies, JD, Executive without the events that help [NBCSL Press Conference] Director, Kirwan Institute attendees bond, network, and Maryland Residents and Deanna’s Lyric Foundation Founders, Nancy and for the Study of Race and provide recognition to those who Anthony Green share their testimony about Ethnicity, Ohio State University; continue to help push forward how NBCSL legislators helped others avoid Dr. Tracie Keesee, Captain, NBCSL’s mission. This year’s their daughter’s tragedy. Denver Police Department and annual events included the <43> Executive Director of Operations, Humanitarian Award and Open [Closing Plenary Session] Consortium for Police Leadership Plenary Breakfast; the Benjamin Moderator, Author, Professor, and Political and Equity; Mr. Michael Harris, S. Ruffin Corporate Round Commentator, Michael Eric Dyson JD, Senior Attorney, National Table Luncheon; the NOBEL/ <44> Center for Youth Law; and Women Legislative Breakfast; the [NOBEL/Women’s Breakfast] Mr. Jewell Williams, Sherriff, Prayer Breakfast and Memorial NBCSL President Rep. Barbara W. Ballard (KS), and Keynote Speaker, Philadelphia City and County, Service; the David S. Holmes President of Essence Communications, and Former Pennsylvania State Award Luncheon; and the David Michelle Ebanks hold the most recent Representative. P. Richardson, Jr. Nation Builders edition of The Legislator. Awards Ceremony, Reception, <45> At the close of the policy and Dinner. Congratulations to NOBEL/Women’s Breakfast From Left to sessions, 32 policy resolutions these legislative and corporate Right (Back Row): Rep. Anastasia Pittman were officially ratified. These champions: (OK), Rep. Barbara Norton (LA), Sen. Thelma Harper (TN), NBCSL Financial resolutions will serve as the Secretary, Sen. Catherine Pugh, Rep. basis for both state and federal 2012 Humanitarian Award Patricia Haynes Smith (LA), Rep. Regina legislation and collaboration with Senator Hillman T. Frazier Barrow (LA), Rep. Mia Jones (FL), Rep. Sharon Beasley-Teague (GA), Rep. Angela community-based and advocacy (MS) Williams (CO), Del. Meshea Poore (WV), organizations. Previously ratified Senator Gladys Robinson (NC), Rep. Karen resolutions have resulted in 2012 Nation Builders Camper (TN), Sen. Valencia Seay (GA). Seated Front Row L to R: NBCSL President, enacted laws, regulations, and Beverly Bond Rep. Barbara W. Ballard (KS), NOBEL/ executive orders. The Honorable Eleanor Women President, Sen. Sharon Weston Holmes Norton, U.S. House of Broome (LA), Essence Communications No Annual Legislative Representatives President, Michelle Ebanks, and Sen. Arthenia Joyner (FL). Conference would be complete The Honorable Kathleen
48 THE LEGISLATOR | April 2013 [NBCSL Host Night Out]: L to R (front row): Rep. Barbara Ward Cooper (TN), Sen. Thelma Harper (TN), NBCSL Guest, and NBCSL Guest. L to R (second row): Rep. Gloria Fox (MA), NBCSL Guest., Rep. Anastasia Pittman (OK) and guest. L to R (third row): NBCSL Guest, Rep. Larry Butler (CT), Rep. Ernest Hewitt (CT), and NBCSL Guest.
Sebelius, Secretary, U.S. Legislator of the Year cooperation can make it possible Department of Health and Representative Gilda Cobb- for government to run smoothly Human Services Hunter (SC) and efficiently.” The purpose of Sherry Rochelle Hopkins the ALC is to expose legislators (posthumous) NBCSL members were greeted and stakeholders to issues of great by several dignitaries, world- national importance so that they 2012 State Nation Builders renowned speakers, and experts leave the event better informed, Raymond E. Bell (District of throughout the conference. This ready to collaborate, and Columbia) year’s most notable speakers prepared to take policy action. Rita Jackson (Georgia) included: Crisis Communications This year’s event was no different! George Taliaferro (Indiana) expert and Co-Executive NBCSL thanks its participants, The Honorable Viola Taliaferro Producer of ABC’s The Scandal, sponsors, and speakers for (Indiana) Ms. Judy Smith; the Reverend making this event a huge success Michael Rashid (Pennsylvania) Jesse Jackson, Sr.; Congressman and looks forward to next year! Elijah Cummings (D-MD); 2012 Holmes Awards Maryland Lt. Governor Anthony Join NBCSL at its 37th Annual Lifetime Achievement Award Brown; District of Columbia Legislative Conference to be Senator Arthenia Joyner (FL) Mayor Vincent Gray; Senior Vice held December 11-14, 2013, in Corporate Achievement and President of Corporate Affairs Memphis, Tennessee. Image Award and Communications for Eli Lilly Terri Lee, Merck Company and Company, Mr. Bart Peterson; The Regis F. Groff Award Congresswoman Terri Sewell Imani Kendrick (D-AL); President of Essence Labor Leader of the Communications, Ms. Michelle Lauren Evette Williams serves as NBCSL’s Communications and Research Year Award Ebanks; Bishop Walter S. Associate. She was formerly a Chief Mr. Darryl “Mike D.” Payne Thomas; and TV Personality and of Staff and Communications for an Crystal Gavel Award Comedian, Mr. Jonathan Slocum. Atlanta City Councilmember and NBCSL President-Elect, has provided communications and media support to elected officials Representative Joe Armstrong Each year, NBCSL’s Annual and government officials on several (TN); Representative Laura Legislative Conference (ALC) levels including municipal, state, and Hall (AL); Senator Usie continues to grow. “We are national. Ms. Williams holds a master’s Richards (USVI) discussing real, life-changing in Public Administration, a bachelor’s in Communications and Rhetoric, and The Eagle Award issues through this event,” said served as a Communications Fellow and Representative Sharon Beasley- President Ballard. “From our Diversity Program Fellow at the Centers Teague (GA); Representative Youth Congress to our policy for Disease Control and Prevention and the Congressional Research Service, Lois Deberry (TN); sessions to our closing plenary, respectively. Representative Greg Porter (IN) we looked at how a spirit of
THE LEGISLATOR | April 2013 49 Memphis 2013 37th Annual Legislative Conference December 11–14, 2013 Memphis, Tennessee
Join African American policymakers to discuss strategies for improving the quality of life for all Americans.
Make A Difference!
4 Participate in educational sessions on a range The National Black Caucus of State Legislators (NBCSL) of policy issues. is a membership association representing over 600 African-American state legislators from 45 states, 4 Voice the educational, political, economic, the District of Columbia, and the U.S. Virgin Islands. and social impact your company/ NBCSL members represent upwards of 50 million organization can offer to policymakers and Americans of all racial backgrounds. NBCSL tracks their constituents. legislation at all levels of government and actively monitors state and federal policy initiatives to provide 4 Hear powerful speakers and distinctive its members with important information. Each year, leaders of the African American community. NBCSL members pass policy resolutions that directly impact federal and state policy. The organization 4 Meet, network, exchange ideas, and forge focuses on U.S. domestic policy and is committed to new bonds with legislators, sponsors, and policies that positively affect all Americans. constituents.