Stateline Midwest Is Published 12 Times a Year Some Best Practices Going,” Petersen Says

Stateline

Vol. 26, No. 3 • March 2017

MidwestTHE MIDWESTERN OFFICE OF THE COUNCIL OF STATE GOVERNMENTS

INSIDE CSG Midwest Issue Briefs 2-3 Improving healthy birth • Midwest-Canada Relations: Leaders pledge to deepen world’s largest trading partnership • Economic Development: Michigan considers new tax policies to help redevelop brownfields outcomes in the Midwest • Agriculture & Natural Resources: Change in farmland taxation a top priority in Nebraska MLC Chair: Make this the best region for healthy start to life • Education: Illinois reworks teacher licensing rules in attempt to alleviate shortages by Jon Davis ([email protected]) Around the Region 4 tate policymakers are increasingly worst in the country for the number of Minnesota praised for evidence-based policies; Infant mortality rates in Midwest, protest bills introduced across Midwest realizing that beyond the importance stillbirths to third-best. Sof early childhood development lies 2015 (U.S. rank in parentheses)* Question of the Month 5 its foundation, a healthy birth outcome for 6.2 Simple steps to big gains Do states have laws to prevent agency rules parents and their newborns. (26) 5.1 more stringent than the federal government’s? nother unheralded threat to fetal The phrase “healthy birth outcome” 7.4 (13) 6.0 7.0 health that concerns Sen. Petersen can encompass numerous initiatives — (44) (23) 10.76(36) is congenital cytomegalovirus. Per Capital Closeup 5 safe-sleep education to reduce incidents of 4.8 A 4.9 The story behind the ‘Ad Astra’ statue’s long climb (5) 7.4 the U.S. Centers for Disease Control and Sudden Infant Death Syndrome, mentoring (7) 6.2 7.0 to the top of the Kansas Capitol dome (44) Prevention, CMV is a common virus and support for new and expectant mothers (26) (36) 6.4 that infects almost a third of children to combat child and infant mortality, and (29) Profile 8 by the time they hit 5 years of age, and Minnesota House Minority Leader Melissa Hortman even the somber task of collecting child and infant mortality data. State’s infant mortality rate is lower half of adults by age 40. It’s transmitted FirstPerson 9 It can also include public education than the overall U.S. rate of 6.0 via direct contact with bodily fluids including saliva, breast milk and urine. Saskatchewan Legislative Assembly Speaker Corey campaigns to raise awareness of not-always- State’s infant mortality rate is higher Tochor on connecting civics teachers with legislators apparent health hazards (such as congenital than the overall U.S. rate of 6.0 Most people show no symptoms, cytomegalovirus) and to reduce stress on but it can hurt people with weakened CSG News & Events 10 new parents and parents-to-be. * The rate is the number of deaths of infants less than 1 immune systems or babies in utero, who year of age per 1,000 live births. CSG helps North Dakota leaders on justice This year, Iowa Sen. Janet Petersen, chair can get it via the mother’s blood passing reinvestment; BILLD application deadline nears of the Midwestern Legislative Conference, Source: United Health Foundation, U.S. Centers for Disease Control through the placenta. For those babies, aims to put a yearlong spotlight on the role congenital CMV can cause premature Capitol Clips 12 you just wouldn’t wish that on anyone,” she of states in ensuring healthy birth outcomes. births or even a pregnancy loss, as well as • Iowa revamps collective bargaining law That issue is her MLC chair’s initiative for says. “So I think I carry Grace in my heart lung, liver and spleen problems, seizures • Michigan compensates wrongfully imprisoned 2017. (CSG Midwest provides staff support as a way to try and prevent other families or small head or birth sizes. • Midwest states get high marks on budget policy for the MLC, a nonpartisan association of all from experiencing the heartache of having So, Peterson asks, why not educate • Minnesota ends ban on Sunday alcohol sales legislators from 11 states and four affiliate something go wrong with their pregnancy.” pregnant women now about CMV provinces.) She led an effort to make Iowa the first and simple techniques to prevent its “I’m hoping for dialogue where legis- state to expand its birth-defects registry to transmission, to prevent higher health lators can learn from each other and get include stillbirths. And in 2009, she and four costs later? Stateline Midwest is published 12 times a year some best practices going,” Petersen says. other Iowa women founded Healthy Birth “Very simple things, like when a baby by the Midwestern Office of “So that if you’re having a baby in Iowa or Day, a nonprofit that launched the “Count drops a pacifier, don’t just pick it up and The Council of State Governments. in North Dakota or wherever you live, you the Kicks” public awareness campaign wipe it off and put it back in your baby’s Annual subscription rate: $60. don’t have to worry that you won’t have encouraging expectant mothers to monitor mouth because she may have just picked To order, call 630.925.1922. a better chance for your baby’s survival their baby’s in utero kicks, because decreased up the virus,” she says. “Don’t kiss your in one state or another because we don’t fetal movement could indicate a problem. child on the mouth — little things like share best practices.” Since then, Iowa has gone from 33rd that. Be very vigilant in how you wash It’s a personal mission for Petersen. In 2003, she had a stillborn daughter, due to PLEASE TURN TO PAGE 6 a true knot in her umbilical cord — a rare CSG Midwestern Office Staff occurrence, according to her doctor. But Throughout 2017, one goal of CSG’s Michael H. McCabe, Director when Petersen learned soon thereafter that Tim Anderson, Publications Manager (at the time) one in 160 pregnancies were Midwestern Legislative Conference Jon Davis, Assistant Editor/Policy Analyst ending in stillbirths, she decided to turn is to highlight state strategies and Cindy Calo Andrews, Assistant Director personal tragedy into motivation. programs that promote healthy birth Ilene K. Grossman, Assistant Director outcomes and help get children off to Lisa R. Janairo, Program Director “It’s not an issue I’m willing to give up a good start — in each of the region’s Laura Kliewer, Senior Policy Analyst on, and if one should experience the heart- Gail Meyer, Office Manager U.S. states and Canadian provinces. Laura A. Tomaka, Senior Program Manager wrenching loss of delivering a full-term baby Kathy Treland, Administrative Coordinator and Meeting Planner who was otherwise healthy but has died, Katelyn Tye, Policy Analyst CSG MIDWEST ISSUE BRIEFS

Issue Briefs cover topics of interest to the various groups and policy committees of CSG Midwest, including the Midwestern Legislative Conference, Great Lakes Legislative Caucus, Midwest Interstate Passenger Rail Commission and Midwestern Radioactive Materials Transportation Committee. Midwest-Canada Relations

Trump-Trudeau summit billion in exports to Canada last year, and imported Midwestern jobs dependent on $11.5 billion in Canadian goods. Some of this trade is promises more cooperation on trade/investment from Canada trade, border efficiency between firms in supply chains that send components across the border as they make things together. Canadian companies have invested heavily in Ohio as ithin a month of President Donald 29,000 Trump’s taking office, he and Canadian 174,000 well, and directly employ more than 26,000 Ohioans. Prime Minister Justin Trudeau met for This close trading relationship occurs through- W 158,000 a White House visit in which they jointly agreed 29,000 out the region. Last year, Iowa’s $3.4 billion in 259,000 to strengthen cooperation on a range of issues, exports to Canada included more than $815 million 100,000 from regulatory reform and cooperation, to border 57,000 worth of tractors and farm machinery, while Iowa 309,000 efficiency and security. 344,000 purchased $2.5 billion in goods from Canadian 190,000 “It was important for building a foundation,” companies. Iowa’s insurance service sector Stephen Brereton, Canada’s consul general in 84,000 benefited as well, with Canadians purchasing $67 Chicago, says of this early meeting of the two million in insurance-related products.

federal leaders, “and the government ministers Source: 2014 report (using 2013 data) commissioned by government of Canada The bilateral trading relationship extends to agri- will move much of this forward.” culture as well. The 11 Midwestern states accounted In part, the February summit between Trudeau which, once constructed and open to traffic, will for one-third of all agricultural exports to Canada in and Trump simply reaffirmed a commitment to some add capacity along the Detroit-Windsor border, the 2015 — $8.4 billion in exports from the region, out of ongoing initiatives between Canada and the United busiest commercial crossing in North America. a total of $25 billion in U.S. farm exports. Wisconsin States — for example, giving preclearance to cross In the Midwest, 1.7 million jobs are dependent led the way, with $1.4 billion in agricultural exports, the border for people who meet certain requirements on trade with and investments from Canada (see followed by Illinois, Ohio and Michigan. and better integrating cross-border law enforcement. map). Canada is the largest market for goods in 35 Brereton says he is “very encouraged” about In order to simplify the movement of goods U.S. states, including all 11 Midwestern states. the cooperative tone set by Trudeau and Trump. across the border, the leaders also pledged to expand In Ohio, for example, autos and motor vehicle parts He adds that continuing advances toward a smooth preclearance for freight. And they made special note accounted for nearly $4 billion in exports to Canada and efficient border will help all traders, particu- of their support for the new Gordie Howe Bridge, in 2016. Overall, Ohio companies sent a total of $19.1 larly farmers and manufacturers in the Midwest.

Brief written by Ilene Grossman, staff liaison to the Midwestern Legislative Conference Midwest-Canada Relations Committee. She can be reached at [email protected].

Economic Development

Michigan eyes new mix of Examples of tax credits in Midwest for brownfield development incentives to bring investments in Illinois Environmental Remediation Tax Credit — The income tax credit is worth up to 25% of site assessment hard-to-develop brownfields and remediation costs in excess of $100,000. The annual limit on the tax credit is $40,000 per site, with a maximum rownfields — former industrial and com- total credit of $150,000 per site (credit not available to individuals or entities that contaminated the site). mercial sites that have been abandoned and are contaminated by pollutants or other hazardous Indiana Voluntary Remediation Tax Credit — The tax credit is for up to 10 percent of the total cost of remediation B or $100,000, whichever is less. Participants are typically current or past property owners, current or past lessees, and materials — are among the hardest sites to redevelop prospective purchasers. for other business or residential purposes. This is mainly because of the costs associated with cleaning Iowa Brownfield and Grayfield Tax Credit — Tax credits are available for up to 24% of qualifying costs of a brownfield up the land for new development. project (30% if the project meets green building requirements). Up to $10 million in state tax credits is available every Lawmakers in Michigan, however, are hopeful fiscal year (maximum of $1 million per project); that amount also includes tax credits for the redevelopmentof “grayfields.” that a package of bills under consideration will Source: Redevelopment Economics and CSG Midwest help turn sites across the state into vibrant, pro- ductive locations for new businesses and residents. defray the cost of cleanup (the federal Brownfield authorities, meet a minimum investment threshold Last month, the Michigan Senate approved Tax Credit program ended in 2011), the Michigan and have a net fiscal benefit to the state (as determined legislation that is part of a package of bills (SB proposal would require developers to pay for the by an analysis by the state’s Michigan Strategic Fund). 111-115) known as the Transformational Brownfield cleanup and would spend no state funds until after Similar legislation passed the Senate last year, but Development Plan, which would provide financial the property is redeveloped and new industrial, died in the House. Recently, a coalition of Michigan assistance to developers who take on the job cleaning commercial or residential activity is established. economic development organizations, cities and cham- up these difficult-to-develop brownfield sites. Under the legislative package, developers would bers of commerce formed to support the legislation. “Because these properties are so much more keep part of the future taxes generated from businesses “Local governments around the state are asking expensive to develop, we’re seeing a pattern of outward and residents who occupy the site after cleanup. They for more tools to assist with redevelopment of expansion in our urban areas versus redeveloping would be eligible to receive up to 50 percent of the rev- these sites,” says Horn. “These vacant, crumbling areas that are already available,” says Sen. Ken Horn, enue generated from income and sales and use taxes properties are negatively affecting their ability to chair of the Economic Development and International for up to 20 years. The bill caps the annual amount generate tax and tourism revenue. When that hap- Investment Committee and sponsor of one of the bills. that developers could be reimbursed at $40 million. pens, local and state government pay one way or Unlike programs in several other states, which According to Horn, qualifying projects would have another — whether it is lost tax revenue, property largely rely on giving tax credits to developers to help to receive approval from local and state government maintenance, demolition and so on.”

Brief written by Laura Tomaka, staff liaison to the Midwestern Legislative Conference Economic Development Committee. She can be reached at [email protected].

2 STATELINE MIDWEST MARCH 2017 Agriculture & Natural Resources

land (for property tax purposes) can increase from Tax relief, certainty for farmers Average farm real-estate value one year to the next. are goals of Nebraska measure (per acre) in Midwest, 2016 “This is a sound, long-term, stable solution that changing how ag land is assessed % increase will bring farming into the future,” Brasch believes. State 2016 value he majority of Midwestern states determine According to Brasch, farmland valuations in from 2012 farm property taxes through a system that her home state have been driven up artificially Illinois $7,400 19% assesses the land based on “use value” — how through recreational and speculative purchases of T Indiana $7,150 22% much income it can generate from agricultural adjoining lands in scenic areas such as the Wildcat production. Hills. She adds that limited sales in some areas Iowa $7,860 20% One of the few exceptions is Nebraska, where make it difficult to establish accurate assessments. Kansas $1,880 25% a percentage of the land’s actual market value The goal of LB 338 is to provide Nebraska’s Michigan $4,800 23% (currently set at 75 percent in statute) is used to farmers and ranchers with more certainty on what determine what a farmer or rancher will pay in taxes. they can expect to pay in property taxes every year. Minnesota $4,700 21% With the value of agricultural land rising Under the legislation’s proposed formula for Nebraska $2,950 22% rapidly in recent years (see table), Nebraska’s calculating “agricultural use value,” federal price and North Dakota $1,830 58% agricultural producers have faced big increases in yield data would be used to determine a farmland’s their tax bills, and over the past two years alone, income potential; U.S. Department of Agriculture Ohio $5,700 23% the state’s legislators have intervened by putting and University of Nebraska surveys would be used South Dakota $2,250 69% more than $400 million into a Property Tax Credit to calculate expenses. (A 10-year average would be Relief Fund, which for 2016 will provide $89.57 used in determining the land’s use value.) Wisconsin $4,750 16% per $100,000 of property valuation. Beginning This alone does not prevent dramatic changes Source: U.S. Department of Agriculture in tax year 2017, LB 958 provides $20 million in in taxes from one year to the next, as other states additional funding for property tax relief. using the income-based model have found. Many leading agricultural groups in Nebraska are This legislative year, Sen. Lydia Brasch hopes But LB 338 also calls for Nebraska’s property backing LB 338; opponents are concerned that the she and other Nebraska legislators are able to find tax administrator to modify the capitalization rate bill would impact school funding — in the Midwest, a more permanent solution. (interest rate) to ensure that the agricultural-use value Nebraska is second only to Illinois in relying on local LB 338 would overhaul agricultural tax valu- falls somewhere between 60 percent and 75 percent property taxes to fund its K-12 education system. ation in Nebraska, incorporating “use value” into of the actual value. In addition, the aggregate value Agricultural land currently accounts for 29 the system for the first time while also instituting of agricultural land throughout Nebraska could not percent of all property tax revenue collections in new controls on how much the value of agricultural increase annually by more than 3.5 percent. Nebraska, up from 24 percent in 2002.

Brief written by Carolyn Orr, staff liaison to the Midwestern Legislative Conference Agriculture & Natural Resources Committee. She can be reached at [email protected]. This article is the second in a three-part series examining how individual states in the Midwest tax agricultural land and their proposals this year to change those assessment systems. Last month’s article (available at www. csgmidwest.org) focused on Indiana’s and Ohio’s agricultural tax systems; next month’s article will examine Minnesota’s.

Education

Illinois relaxes rules on out-of- ment that educators pass a performance-based % change in teacher-licensure assessment every 10 years. state licenses as part of efforts program completion in Midw est, to address teacher shortage Districts in Illinois are struggling with a shortage 2011-12 to 2013-14 not only of full-time teachers, but of substitutes as ith the passage of a new law, Illinois has well. In response, state lawmakers reduced the cost made it easier for educators with an +18% of substitute teaching licenses to $50 (from $100) out-of-state license to teach in the state. and removed a requirement that substitute-teaching W -14% Legislators hope this change will get more teachers in -8% candidates pass a basic skills test. classrooms and address a shortage in this profession. -1% In at least two other Midwestern states this year, -16% “We need to make it as easy as possible to members of the executive and legislative branches have -6% recruit the most qualified teachers, whether -4% introduced proposals to streamline the teacher licens- -10% they’re from Illinois or elsewhere,” says Sen. Karen -33% -16% ing process. Under pending legislation in Minnesota McConnaughay, who cosponsored SB 2912, which (HF 140), the state would consolidate its two existing -10% was signed into law in January. licensing authorities into one and adopt a four-tiered According to McConnaughay, Illinois’ rural licensing system. Each tier would have a different set school districts have had a particularly difficult time Source: U.S. Department of Education, “National Teacher Preparation Data” of requirements, such as work experience, education with teacher recruitment. In a recent survey by the level or completion of field-specific training. Illinois Association of Regional Superintendents of ogy — from other states. For subject areas such as In Wisconsin, Gov. Scott Walker’s biennial budget Schools, 83 percent of rural districts reported having special education, reading, and English as a second contains a proposal that would grant teachers lifetime fewer qualified teacher candidates than in previous language, teaching candidates still must complete the teaching licenses with no continuing education years. And 76 percent of all districts that responded coursework previously required by the state. requirements — an attempt to attract candidates to to the survey reported having the same problem. Another provision allows individuals who have the profession. According to a state budget document, Under SB 2912, the Illinois State Board of completed an approved teacher education program at such a lifetime license would reduce the cost of teach- Education has been given the authority to grant a an Illinois college or university, but have not yet passed ing in Wisconsin by more than $750 over 30 years. license to teachers who hold a comparable license or an evidence-based assessment of teacher effectiveness, According to the U.S. Department of Education, certificate from another state. The state is also able to to obtain a provisional license that’s good for one year. fewer individuals completed teacher licensure pro- accept tests of content — which are required to teach SB 2912 also made it easier for Illinois teachers grams in the 2013-14 school year than in 2011-12 in specific subjects, such as foreign languages or technol- to renew existing licenses, by removing a require- every Midwestern state but North Dakota (see map).

Brief written by Katelyn Tye, staff liaison to the Midwestern Legislative Conference Education Committee. She can be reached at [email protected].

STATELINE MIDWEST MARCH 2017 3 AROUND THE REGION Minnesota recognized Protests are on the rise in the for advances in evidence- based policymaking Midwest, and so are the number n a national assessment released earlier this year by the Pew Charitable Trusts and MacArthur of bills to deal with this activity IFoundation, Minnesota is one of five U.S. states singled out as a leader in the use of evidence-based rom demonstrations trying to stop proposed policymaking. pipelines to rallies denouncing deadly police Protest-related bills introduced this year in Midwestern states Generally speaking, this approach looks to Fencounters with civilians, the number of ensure that state resources are going to public protests in the Midwest has been unusually high (as of March 1) services and programs that have shown positive over the past year. results. The two organizations’ 2017 report, “How The region’s legislators have taken notice, States Engage in Evidence-Based Policymaking,” revisiting their states’ laws on criminal trespass- was limited to an evaluation of four areas of state ing, loitering, picketing, blocking roadways and policy: behavioral health, child welfare, criminal disorderly conduct. As of early March, protest- justice and juvenile justice. related legislation had been introduced in 2017 Researchers focused on how each state uses in at least five of the region’s 11 states (see map). program evaluations and evidence to guide North Dakota and South Dakota were the first two government policy and funding decisions. In Midwestern states where those bills became law. Minnesota, for example, In North Dakota, Sen. Kelly Armstrong says, • The state’s Department of Human Services thousands of people came to his home state to oversees an Evidence-Based Practices Database demonstrate against the Dakota Access Pipeline, and Legislation introduced, signed into law that tracks the effectiveness of various services that activity included instances of vandalism and Legislation introduced related to children’s mental health. It incorporates threats against police. “Most of the protesters were peaceful, but law data collected from rigorous reviews of scientific No legislation literature on techniques or strategies for treating enforcement didn’t have the tools to deal with the individuals who were turning peaceful protests Source: ACLU and CSG Midwest research various mental health disorders. • State and local officials use a checklist tool into riots,” he says. “And in the legislature, we (developed at the University of Cincinnati) to as- realized that our statutes just weren’t sufficient to keep the land from being damaged. SB 176 also creates sess their intervention programs for individuals in deal with the conduct that occurred here.” new penalties, or enhances existing ones, for criminal Minnesota’s criminal and juvenile justice systems The recently signed bills in North Dakota: trespass and blocking roadways. and whether those programs follow evidence- • stiffen penalties for “inciting a riot,” which based practices. was enhanced to a Class B felony punishable by Free speech vs. ‘time, place, manner’ limits up to 10 years in prison and a $20,000 fine for Initiatives in other Midwestern states are high- ith these recently passed measures, incidents involving 100 or more people (HB 1426); lighted as well. For example, Ohio now makes and others introduced this year in the • make it a Class A misdemeanor (it had been a sure all state and federal dollars for child-abuse Midwest, lawmakers face the question Class B misdemeanor) for disobeying public safety W prevention go to evidence-based and promising of how far to go in dealing with what they say is orders under riot conditions, punishable by up to programs. In Indiana, counties’ access to state unlawful behavior by protestors. one year in prison (HB 1426); community corrections funds are contingent on Individuals have the constitutional right to • give law enforcement new options to enforce the use of eight principles of effective intervention, free speech and freedom of assembly (in the U.S. the state’s criminal-trespassing statute, with a provi- including evidence-based programming. Two years constitution and many state constitutions), but sion that allows police to cite violators with a $250 ago, too, Indiana lawmakers passed a bill (HB 2006) governments also have the authority to enforce fine rather than filing criminal charges (HB 1293); creating a Justice Reinvestment Advisory Council, reasonable “time, place and manner restrictions.” • expand the state attorney general’s authority which conducts state-level reviews of local corrections “We have been careful in our legislative to appoint ad hoc “special agents,” defined as law programs, county jails and probation services. response to the protests,” Armstrong says, “and enforcement officers from other jurisdictions (SB I think you see that in the fact that we had some 2302); and Levels of evidence-based bills that got passed, but others that were killed or • make the “wearing of masks during commis- policymaking in behavioral health, that we’re at least taking more time on.” sion of criminal offense” a Class A misdemeanor child welfare, criminal justice He cites, for example, a proposed loitering bill (HB 1304). and juvenile justice (HB 1383) that stalled because it was overly broad Some of the legislative actions in North Dakota and would stifle free speech and assembly. came from a review of old state laws that hadn’t been The protest-related bills in states such as Indiana, touched in years (criminal trespass, for example), Iowa and Minnesota target demonstrations or rallies Armstrong says, while others were new: The “mask” that obstruct highways, airports and/or rail lines. law was based on statutory language in other states That activity already is illegal in many states, but and Washington, D.C. this year’s proposals stiffen the penalties. All of the measures were a response in one “I have no issue with people protesting; House File way or another to recent protests over the Dakota 390 does not limit a person’s First Amendment rights,” Access Pipeline, which will transport oil through Rep. Nick Zerwas said as his legislative proposal made its four Midwestern states (North Dakota, South way through the Minnesota House in February. Protests Dakota, Iowa and Illinois). The recent demonstra- on the state’s freeways occurred in 2016 in the wake Leading U.S. state in evidence-based tions centered on environmental concerns and the of the police shooting death of a 32-year-old African- policymaking pipeline’s impact on the drinking water and sacred American man and after the presidential election. Shows established levels of evidence-based sites of the Standing Rock Sioux Tribe. HF 390 would make it a gross misdemeanor to policymaking In South Dakota, legislators passed SB 176 in block highway, transit and airport access. This type of Shows modest levels of evidence-based anticipation of protests over construction of the demonstrating, Zerwas said, “is not only disrespectful policymaking Keystone XL Pipeline. With this new law in place, of people’s time, it’s a matter of public safety.” Very few evidence -based policymaking the South Dakota governor and a local county actions sheriff have the authority to “prohibit any group Article written by Tim Anderson, CSG publications manager, who Source: The Pew Charitable Trusts larger than 20 persons from congregating” on can be reached at [email protected]. public land if they believe such a ban is necessary to

4 STATELINE MIDWEST MARCH 2017 FIRST PERSON QUESTION OF THE MONTH

striction” requires state agencies to provide the QUESTION: Do any laws in the Midwest restrict state agencies from rationale for a more stringent environmental rule, adopting environmental rules more stringent than federal regulations? as well as document its environmental benefits and technological feasibility. State regulators in North Dakota must show that “corresponding Federal laws and regulations on the environment federal regulations are not adequate to protect often serve only as a “floor,” with states having the “South Dakota’s stringency public health and the environment of the state.” leeway to enact tougher rules or statutes of their prohibition provision is arguably own. the most sweeping in the In at least two states outside the Midwest, the “no However, some state legislatures and governors nation.” more stringent than” statutory language applies have adopted measures (either state laws or execu- generally to all regulations (not just environmen- tive orders) designed to rein in the actions of their Environmental Law Institute, 2013 study, tal). Under Kentucky law, “administrative regula- own environmental agencies. Most recently, in “State Constraints” tions shall be no more stringent than the federal February, Indiana’s HB 1082 became law. It applies law or regulations,” and the Arizona Governor’s to any Department of Environmental Management Regulatory Review Council (established by the rule that is “more stringent than a restriction or re- ter] may be more stringent than any corresponding Legislature) must reject any rule “more stringent quirement imposed under federal law” or “applies in federal law, rule or regulation.” than a federal law unless there is [state] statutory a subject area in which federal law does not impose authority to exceed the requirements.” a restriction or requirement.” In a 2013 national study, the Environmental Law Institute concluded that “South Dakota’s stringency Legislative oversight is another means of con- For any new state environmental rule that meets one prohibition provision is arguably the most sweeping trolling the rules set by state agencies. In the of these two criteria, Indiana legislative branch must in the nation.” The focus of the institute’s study was Midwest, every state legislature has a process for be provided notice. The rule then cannot take effect on laws that prohibit state agency rules more strin- reviewing proposed and/or existing administra- until adjournment of a regular session of the General gent than federal regulations under the U.S. Clean tive regulations. This oversight is typically done Assembly, thus giving lawmakers the chance to stop Water Act. For example, under Wisconsin statute, the by a joint, bipartisan legislative committee. In it via legislation. Department of Natural Resources “shall not exceed” states such as Illinois, Iowa, Michigan, South federal requirements. Dakota and Wisconsin, these committees have HB 1082 was vetoed last year, but lawmakers over- the power to suspend agency rules, according rode that gubernatorial action in February. (The But more common than outright prohibitions, the to The Council of State Governments’ “Book of General Assembly was able to act this year on the Environmental Law Institute found, are “qualified the States.” In Illinois, the Joint Committee on 2016 bill because the veto occurred after legislators restrictions” on the actions of state environmental Administrative Rules can block agency rules from had adjourned for the year.) agencies. This means a state agency can adopt more- ever taking effect. stringent rules, but it must first meet specific criteria Indiana’s new statutory language still allows for and/or take some additional steps. more-stringent state-level environmental rules. In Article written by Tim Anderson ([email protected]), CSG contrast, state statute in South Dakota is much more For example, Iowa environmental regulators must publications manager. Question of the Month highlights restrictive: “No rule that has been promulgated [on provide reasons for the more-stringent rules and an inquiry sent to the CSG Midwest Information Help Line: environmental protection, mining, oil, gas and wa- detail the financial impact. Ohio’s “qualified re- [email protected] or 630.925.1922.

The story behind a distinctive statue’s long journey to the top of the Kansas Capitol

by Laura Kliewer ([email protected])

ne of the longest-running disputes in Kansas “Secretaries would find it and put it on display,” history had nothing to do with the policy Brentano says, “and it would revive talk of putting Other statues in Midwest’s capitols Obeing debated inside the state’s Capitol, but something on top.” Only two other state capitols in the Midwest have a rather the statue that now — and finally — sits on But it took until 1984 for the necessary enabling sculpture adorning the top: Nebraska and Wisconsin. “The top of the historic building’s dome. legislation to pass. That legislative Sower,” hoisted to the top of Nebraska’s Capitol building in The story dates back to 1889, when measure did not determine what plans began being made for the finish- the statue would be, but lawmakers 1930, recognizes the importance of the state’s agricultural ing touches at the Kansas Capitol. stipulated that it could not be a god heritage. It also serves as a lightning rod for the Capitol. The Seven sculptors competed to have or goddess. gold-gilded “Wisconsin “was placed on the Capitol dome in their work selected to crown the dome. Late in 1988, three designs were se- 1914 as a symbol of the state’s motto, “Forward.” That statue The winning design was a bronze lected as finalists — a pioneer woman was designed by Daniel Chester French, best known for his sculpture of Ceres, the Roman goddess holding a bread basket, a pioneer sculpture of Abraham Lincoln at the Lincoln Memorial in of agriculture. But it never made it to farmer holding a shaft of wheat, and Washington, D.C. French also designed the Quadriga statue the top of the Capitol building. a Kansa warrior holding a bow and “In the early 1900s, people were a arrow to the sky. (The Kansa, or Kaw, that sits at the base of Minnesota’s Capitol dome. bit of the Victorian era, and not too Nation is one of the four recognized keen on a pagan goddess,” notes Joe American Indian tribes in the state.) touch the statue when it toured,’” Brentano says. Brentano, coordinator of Capitol tours The Ad Astra statue sits The final decision was left to a vote Finally, the 4,420-pound, 22-foot, 2-inch statue atop the Kansas Capitol for the Kansas Historical Society. of Kansas schoolchildren, who chose was hoisted up to the top of the Capitol dome and dome. (photo: Kansas “But more to the point was the Richard Bergen’s bronze sculpture secured in place on Oct. 10, 2002. The formal Historical Society) cost to finish that statue; it was almost of the Kansa warrior. The title of the dedication took place less than a month later, $7,000. After 37 years of building statue, “Ad Astra,” is taken from the with then-Gov. Bill Graves officiating and the four a Capitol, people had had enough.” state motto, Ad astra per aspera: “To American Indian tribes participating. (Construction on the building began in 1866 and the stars through difficulties.” Today, visitors to Topeka can see the unique and was completed in 1903.) It took another dozen years to raise the money distinct profile of “Ad Astra” from miles around or up So for many years, only a light bulb rested on top needed to have the sculpture cast. close from the Capitol grounds, or even by climbing of the Kansas Capitol dome. Once completed in 2002, “Ad Astra” was taken to the top of the dome and standing on the cupola’s Interest in reviving the idea of placing a statue on on a 3,000-mile tour around the state on a flatbed railed balcony 23 feet below the statue. top of the building waxed and waned over the years, truck so Kansans could see it up close. Either way, as Joe Brentano likes to say, you are and a small, 2-foot version of the original Ceres statue “Once in a while, we have people that come a witness to the resolution of one of the lengthiest would sometimes circulate around the Capitol. on a Capitol tour and say, ‘I got to be up close and battles in Kansas history.

STATELINE MIDWEST MARCH 2017 5 COVER ARTICLE

CONTINUED FROM PAGE 1 Home visit programs help babies, families achieve healthy birth outcomes

your hands. And screening the baby’s blood to see poor birth outcomes, and if they have CMV. higher-than-average num- While this article provides a broad overview “If we could help prevent the spread of CMV, we MLC Chair’s Initiative: of healthy birth outcome programs in the bers of women delivering Healthy Birth Outcomes in could greatly reduce the number of babies born with premature infants. the Midwest Midwest, Stateline Midwest will continue health or clinical disabilities including hearing loss.” Michigan has four tar- examining these and other facets of the MLC geted programs: Chair’s Initiative in future issues. “Healthy Home visits help expectant parents • the Maternal Infant Birth Outcomes” also will be highlighted at States (on their own and with assistance from the Health Program, which is this year’s Midwestern Legislative Conference federal government) fund home visit programs to for Medicaid-eligible preg- Annual Meeting, which will be held July 9-12 nant women and infants help achieve healthy birth outcomes. in Des Moines, Iowa. Most, like Kansas’ Maternal and Child Health and includes services from Program’s Healthy Start Home Visitor services, are a licensed social worker and offered to all pregnant women and families with a a registered nurse, as well Pregnancy Maintenance Initiative, which awards baby under one year of age. South Dakota’s Bright as mental health specialists and dietitians in some grants to not-for-profit organizations that provide Start program, however, focuses on first-time moth- instances; services for women which enable them to carry ers with limited economic, social or health resources • the Nurse Family Partnership, in which expectant their pregnancies to term. from pregnancy until the child is 3 years old. The “vulnerable” mothers are partnered early in their Nebraska-Maternal, Infant and Early Childhood pregnancy with a registered nurse and receive ongoing Visiting Program is available to pregnant women nurse visits through the child’s second birthday; Impact, implications of the ACA and families with children up to age 5. • Parents as Teachers, in which trained profession- urrently, the Affordable Care Act mandates Illinois has programs aimed at specific groups als go into the homes during the child’s early years health insurance coverage of maternity care For example: to help a family have their child “develop optimally” Cfor all plans created since the law was signed during these crucial years of life; and • Family Case Management, which provides by President Obama (“grandfathered” plans, those • Infant Mental Health, which focuses on social, income-eligible clients access to medical care, pedi- in existence before the ACA was signed into law, don’t emotional, behavioral and cognitive development. atric health education and counseling, developmental necessarily have the same coverage). screening, and referrals to other community services Nebraska’s general fund budget includes $1.1 On March 6, the American Health Care Act as needed; and million in each fiscal year for “evidence-based was introduced in the U.S. Congress. It retains • Better Birth Outcomes, an intensive prenatal early intervention home visitation programs.” maternity care as an essential health benefit. But case management program in communities with (The “evidence-based” language was added in for women covered by Medicaid, the essential higher-than-average Medicaid costs associated with 2014.) Likewise for Kansas’ Senator Stan Clark health benefits requirement would disappear after

Q&A with Sen. Janet Petersen on her MLC chair’s initiative: State policies to promote child well-being

very year, the leader of CSG Midwest’s Midwestern Legislative need to spend more time addressing. Conference chooses a policy issue as her MLC chair’s initiative. That Edecision helps guide the session topics for the MLC Annual Meeting and How do you attempt to draw at- the research done by CSG Midwest on behalf of the region’s state legislators. Q: tention to this subject in your own Sen. Petersen explains here why her MLC chair’s initiative is focusing on legislature? policies that promote healthy birth outcomes, and why — after experiencing I try to sponsor a number of the loss of her daughter Grace, stillborn in 2003 — this subject area is so A: bills that would help improve personal. birth outcomes to try and elevate the conversation, to get people to talk What do you hope to accomplish by focusing the Chair’s Initiative on about it. Q: healthy birth outcomes? If you don’t sponsor legislation and I hope that we’ll be able to open some eyes to the issues facing don’t have the conversation going, then A: maternal health care in the United States, and give people kind [it behooves us] to step back and realize of an idea of where the U.S. stacks up compared to the rest of the world in that when we are spending a lot of caring for pregnant women. There are a lot of things we could be doing in money on pregnancies and poor birth the United States to improve birth outcomes and get babies started off on outcomes, then maybe we need to ... ask what could we be doing differently. healthier lives. That’s one of the reasons I selected my Chair’s Initiative — because the My goal would be to open up the Midwest region’s eyes to see that there United States is not doing well in terms of maternal health care compared to are a lot of policy issues we should be trying to tackle to make the Midwest other countries. We should up our game. You’ve got to start the conversation one of the safest places in the country to have a baby. That was my goal all somewhere. along in Iowa — to make Iowa a safer place to have a baby. That is my goal in every piece of maternal health legislation that I’ve worked on. How does your personal experience help amplify your voice on the issue Q: of healthy birth outcomes? What is the role of state legislatures in working to improve healthy I think it’s certainly made me a more passionate advocate because I Q: birth outcomes? A: have experienced the best of maternal health care and the worst of There are a lot of things that state legislators and legislatures can maternal health care in our country. And I believe that our daughter Grace A: do if they have a better understanding [of] just how costly it is would have been here if I had known more about stillbirth and stillbirth for our country when we don’t have healthy pregnancies and healthy birth prevention when I was pregnant with her. outcomes, and try to come up with policies ... to improve birth outcomes. It’s not an issue I’m willing to give up on, and if one should experience Plus, healthier babies and infants decrease costs in a number of fronts the heart-wrenching loss of delivering a full-term baby who was otherwise — everything from Medicaid to child health insurance to health in the healthy but has died, you just wouldn’t wish that on anyone. So I think I workforce. carry Grace in my heart as a way to try and prevent other families from Once people see just how costly [unhealthy birth outcomes can be], not experiencing the heartache of having something go wrong with their only financially but in terms of our future, it’s an important issue that we pregnancy.

6 STATELINE MIDWEST MARCH 2017

COVERFEATURE ARTICLESTORY

2019, leaving to the states whether to mandate and ways to prevent, such fatalities; improve such coverage. % of births that are nanced by communication between relevant state and local Before the ACA, only 12 percent of health insur- Medicaid in the Midwest* agencies and the medical community; improve ance policies nationwide included maternity coverage, agencies’ responses to child deaths; and provide according to the National Women’s Law Center. In 33% information for policymakers to consider legisla- the Midwest, only Illinois, Michigan and Minnesota tion for mitigating the number of such deaths, 43% required maternity coverage, or the offer of coverage, according to the national center. 50% 64% according to a Kaiser Family Foundation report — 46% While most CDR programs are state-level, most Illinois required HMOs to cover it or offer coverage FIMR programs are local, says Rosemary Fournier, 37% 35% in individual markets; Michigan and Minnesota 52% the center’s FIMR director. required coverage or the offer in small-group markets. 50% 50% Only Michigan, Indiana, Ohio and Wisconsin According to the HealthCare.gov website, under the 34% provide state-level coordination or financial and/ ACA, all health insurance plans must cover outpatient or technical support (including training). At a services including pre- and post-natal doctor visits, minimum, states should help facilitate regular * States were asked to report the share of all births nanced by Medicaid meetings of local teams to exchange data and medications, lab studies and gestational diabetes in the most recently available 12-month period: 2014 in Illinois, screenings; inpatient services including hospitaliza- Minnesota, Ohio and Wisconsin; 2015 in Iowa, Michigan, Nebraska and ideas, she says. tion and physician fees; and newborn baby care and South Dakota; and 2016 in Indiana and Kansas. North Dakota provided an “It’s a really great surveillance system. It is core estimated average across recent years. lactation consulting, including breast pump rentals. public health surveillance,” Fournier says. Additionally, all plans must let women see an Source: Henry J. Kaiser Family Foundation Over time, the work of these state and local obstetrician/gynecologist without referral from research teams has led to legislative action, including another doctor and cover the following: remedied by public policy or education campaigns, graduated driver’s-license laws, bicycle helmet and all-terrain vehicle safety rules, and improved death- • For pregnant women: Folic acid supplements then that information can be used to fix problems, and screenings for Rh incompatibility, iron deficiency whether they are local environmental condition or investigation protocols. Research has also informed anemia and various infections. gaps in medical and/or public health systems. efforts to expand home visitation and safe-sleep • For newborns and young children: Immunizations, All states have established Child Death Review programs, improve mandatory reporting laws (and vision and hearing screenings, iron supplements for (CDR) programs to examine deaths of children age training requirements) regarding child abuse, and those at risk of anemia, oral health risk assessments, 18 and younger; 26 states — including Illinois, pass “Safe Haven” laws, which allow parents to leave tuberculosis testing, and screenings for various infec- Indiana, Michigan, Nebraska, South Dakota and newborn infants in designated safe places. tions and diseases, autism and lead poisoning. Wisconsin — also have Fetal and Infant Mortality Minnesota may soon join these states. In 2015, Review (FIMR) programs to track data specific to its Maternal & Child Health Advisory Task Force When the worst happens perinatal babies and infants under the age of 1, released part one of its “Infant Mortality Reduction according to the National Center for the Review Plan for Minnesota.” Among its recommendations: Every child or infant death is a personal tragedy. But and Prevention of Child Deaths. assuring “a comprehensive statewide system that if patterns can be found in those deaths that can be CDR and FIMR teams identify the causes of, monitors infant mortality.”

Program aims to promote safe sleep, healthy starts for newborns by putting babies in boxes On March 10, Ohio became the first Midwestern state (and the second overall, behind The company works with local hospitals and health care providers to produce short New Jersey) to begin providing a safe place for newborns to sleep by offering “baby informational videos for the website. Expectant or new parents log in and get a syllabus boxes” to all new parents. tailored to their location. Upon completing the program, parents get a certificate they can use to get a baby box at a designated pickup site or have it delivered directly to their Baby boxes are made of sturdy cardboard and filled with items including clothing, home. (In New Jersey, so far, it’s about 50-50 between pickups and deliveries, Clary says.) diapers, food, bathing supplies, medical and parenting information, children’s books and anything else the boxes’ providers care to add, along with a blanket and firm mattress. Part of the program’s success, she adds, is that Baby Box University is a platform designed Once emptied, it’s a ready-to-go bed for newborns to use until they can roll over. to reach millennial parents who primarily use cell phones or tablets to get information; anyone can access it from any browser-equipped platform. The idea originated in Finland in the late 1930s and was made universal in 1949. Boxes are provided to all expectant mothers, but to get one they must get a prenatal exam The Children’s Health Alliance of Wisconsin is taking a more targeted approach with a during the first four months of pregnancy. They’re credited with helping drop the infant statewide pilot project launched in 2016 to put baby boxes (which they call “newborn mortality rate from 65 deaths per 1,000 births to 2.52. nests”) in homes. Trained volunteers provide the educational component, and conduct home visits to New Jersey and Ohio offer them to parents-to-be, who help parents pick a location for the “nest,” and ensure must first complete an online education course atbaby - sleep safety. Follow-up visits are paid two weeks and two boxuniversity.com. The program isn’t about the boxes per months after nest placement for evaluation. se, but about educating new and first-time parents, says Dr. Kathryn McCans, chair of New Jersey’s Child Fatality and Although this approach is slower than a statewide, Near Fatality Review Board, which identifies causes of deaths universal program, project coordinator Amanda Bagin and near-deaths, their relations to governmental support says the alliance prefers doing things this way because systems, and ways to prevent them. the efficacy and safety of the boxes and education can be better understood as the program grows. McCans says the idea to start a universal baby box program in New Jersey came from a member of the There’s not yet a lot of solid evidence about baby boxes Review Board’s “Sudden Unexpected Infant Death” subcommittee who brought it to in the United States, and “if we can evaluate the program as it goes, we can provide the full board’s attention, and “that story got people thinking.” that evidence,” she adds. The program quickly became a public-private partnership of sorts: In November 2016, the Partly because the training had to be done first, only 25 to 30 nests have been distributed Los Angeles-based Baby Box Co. told the board that with seed money, it could find funding since the summer of 2016, Bagin says, adding that at least five local health departments are to take universal baby box distribution statewide for 2017. The board then decided to tap now getting the training for their own staffs so the program should grow faster through 2017. $40,000 from a Safe Sleep grant it had gotten from the U.S. Centers for Disease Control and Prevention to get started. In Alberta, the nexus of parental education and baby boxes is also the focus of a province-wide study led by Karen Benzies, a professor and associate dean of research “Ideally, every baby born in New Jersey this year [105,000 births, based on historic data] for the Faculty of Nursing at the University of Calgary, examining how supporting would get their own box,” McCans says. “If we see a downtick [in Sudden Unexplained first-time mothers can help children get off to a better start. Infant Death Syndrome fatalities], I’ll consider it a success.” A total of 563 mothers who were about six months to 32 weeks along in their pregnan- Jennifer Clary, CEO of the Baby Box Co., says more than 12,000 people in New Jersey cies, as well as their “mentors” (a friend or family member), were recruited from late have completed the online education course since the program launched there on Jan. October 2015 through 2016. Questionnaires were given at the start and after two 25. About 30 states, including some in the Midwest, have inquired about launching months and six months. similar programs, she says. The company also runs a similar program in Canada, in all provinces except Manitoba and Saskatchewan. The study concludes in June, with results to be announced at the end of July.

STATELINE MIDWEST MARCH 2017 7 STATELINE PROFILE Minnesota Rep. Melissa Hortman House minority leader had her eye on a life in public service since childhood, and found the right fit inside the Legislature

by Katelyn Tye ([email protected])

rom an early age, Melissa Hortman knew she wanted to lead a life of public service. Bio-sketch of Minnesota Rep. Melissa Hortman F As an elementary school student, she was inspired by a line of Girl Scout Law: “Make the world  Member of the state House since 2004; served as a better place.” And from her Catholic upbringing, assistant majority leader in 2007-2010 and as minor- she took to heart that “to whomever much is given, ity whip in 2011-12 of him much will be required.” In middle school, she learned about the U.S. Congress and the presidents,  Attorney; has volunteered as a Sunday school saw the impact elected leaders had on the positive teacher and Girl Scout leader development of the country, and decided that is how  she wanted to give back. Serves on the nonpartisan Uniform Law Commission “To me it was always about public service,  Married to Mark Hortman; they have two college-age never about politics,” she says. children, Colin and Sophie. Hortman was first elected to the Minnesota House in 2004, and since then has advocated for issues ranging from equity in the education system, to renewable energy, to transportation infrastructure. “To be a good representative, you have to do two things: She took on a new role late last year, when her exercise your own judgment and be reflective of what Democratic-Farmer-Labor legislative colleagues chose her as minority leader. (Control of the House your constituents want. You can’t know what they want has been rather fluid of late: Republicans won the chamber last year, in 2014 and 2010; the DFL won unless you are meaningfully engaged.” it in 2012 and 2008.) “The way I define good policy is meaningful invest- Some years you look at the work that you do and As a veteran of the Legislature and now as a top ments in K-12 and higher education, and through my you wonder if it is worth the low pay and the long Q: caucus leader, what sort of advice do you give 12 years of service, I’ve seen much better investment hours. Those are a couple bills that I can look at and to new legislators? possible under DFL leadership,” says Hortman. know that I did make a difference. I think the most important thing is to read When she attended Boston University as an A: all their constituent correspondence and, to undergraduate, Hortman would brag to fellow What are some of your legislative goals for the extent possible, respond personally. When you’re freshmen about how great Minnesota was because Q: this year and next? a freshman in the minority, the one thing you have is its students were always No. 1 or 2 in the country on My goal is to improve the lives of a little more time. I came in my first two years in the education measures such as college attendance, SAT A: Minnesotans in whatever ways we can. minority and spent that time keeping in very close and ACT scores, and high school graduation rates. Student debt is a huge problem, and the House DFL touch with my constituents. People remember that She says state policymakers in the early 1990s began Caucus would love to work on making college more you took the time to listen to them and respond to coasting on that past success — and Minnesota was affordable. Higher education should be something their questions. then overtaken by states that were working more that closes the gap between rich and poor, and right To be a good representative, you have to do two aggressively to become education powerhouses. now some families can afford it and some can’t. We’re things: exercise your own judgment and be reflective at a dangerous point that it could exacerbate the “I always felt like Minnesota was the greatest in of what your constituents want. You can’t know what divide between higher- and lower-income people. terms of education,” she says, “and I’m motivated by they want unless you are meaningfully engaged. a desire to get us as high as we can be.” One of the first bills passed this year in In a recent interview with CSG Midwest, Rep. What are some of your interests outside the Minnesota provides tax credits to individuals Hortman reflected on her legislative career and Q: Legislature? priorities for the next two years. Here are excerpts: facing steep premium increases in the individual Q: health insurance market. How would you assess the I serve on the Uniform Law Commission, a volunteer job, with 350 lawyers from across In your 12 years as a Minnesota state repre- current market for insurers and consumers right now? A: the country working on proposed uniform acts for sentative, what are some of the legislative I think we’re fortunate in Minnesota; we Q: the states. accomplishments that stand out to you? had a fantastic system in place before the A: I’m also teaching my third course on climate In 2009, I carried the child passenger Affordable Care Act was passed (we had 93 percent of change and renewable energy as an adjunct professor restraint bill that opponents called the people covered). For the individual market, we had a A: at the University of Minnesota. In the fall of 2015, I “Wrap Your Kid in Bubble Wrap” bill. It requires a comprehensive risk pool that was deconstructed after child to use a booster seat until he or she is 8 years ACA. Insurers thought they were ready to deal with team-taught an undergrad climate-policy class with old. AAA [American Automobile Association] has the individual market, but clearly had some problems former [Minnesota] Sen. Ellen Anderson. The Paris told me there are children in Minnesota who are predicting the people who would participate, and climate talks were coming up, and I felt the world alive today because of that legislation. premiums have become unaffordable. was finally converging on consensus that it was time When I was chair of the House Energy Committee Since we had a good individual market in to do something about climate change and it was in 2013 and 2014, I authored a bill that set a solar place not long ago, we should be able to put that important to convey to undergrads that they have a energy standard of 1.5 percent by 2020 and autho- back in place. I’m optimistic we’ll be able to make part in that future. rized community solar projects in Minnesota. By significant progress on that component. However, We discussed the science of climate change; 2020, we’ll have at least 35 times as much solar as there’s so much uncertainty in the rest of health private sector, political and defense-related issues; we did before the bill passed. The very first contract care. I think we need to set aside a large reserve and moved into city, state, national and interna- Xcel Energy signed allowed [it] to avoid 7 million to deal with potential multibillion-dollar cuts in tional actions. It turned out that I absolutely loved tons of carbon dioxide emissions. federal assistance. teaching.

8 STATELINE MIDWEST MARCH 2017 FIRST PERSON A FORUM FOR LEGISLATORS AND CONSTITUTIONAL OFFICERS Saskatchewan program brings civic education to higher level Province’s teachers view legislative process, meet with local legislators

by Saskatchewan Legislative Assembly Speaker Corey Tochor ([email protected])

ow planning for its 19th year, the Saskatchewan Social Sciences Teacher’s Teachers feel enthusiastic and NInstitute on Parliamentary Democracy has provided nearly 400 teachers from across the prov- revitalized about teaching civics after ince an opportunity to gain a better understanding of the province’s unicameral legislative process by completing the program. observing it in action. The SSTI, an intensive five-day professional development program hosted by the Office of the members of the media. The institute is designed Speaker of the Legislative Assembly, is offered to ‘Mock parliament’ a highlight so that the teacher participants are emulating the all teachers across the province. day of an MLA during session. he teacher’s learning experience is culminated Started by Speaker Glenn Hagel in 1999, the The conference starts early in the morning and in a mock parliament, following the exact pro- program was modeled after the Federal Teachers events take place on into the evening, depending on Tceedings that occur in the chamber, with the Institute, launched in 1996 by the House of the sessional schedule. Upon their arrival, the institute speaker presiding in his role. It is a unique experience Commons in Ottawa. that most say they will take back to their classroom. provides teachers with a wide array of resources The mock parliament is filmed as a genuine parlia- for their reference, including information about Federal program inspires provinces mentary debate, and a DVD is made available to the parliamentary democracy, law, legislation, the Royal teachers as a classroom resource. After the inaugural federal institute, the six Canadian Mounted Police, the various parliamentary Each year the institute’s Steering Committee Saskatchewan teacher participants contemplated offices and roles, and other subjects of interest. does an assessment after the program is completed. the prospect of undertaking a similar process Teachers are provided with an orientation There have been tweaks and changes to the agenda focusing on the provincial governance system. binder of supplementary materials designed to be over the years, but basically the program has been This group approached Speaker Hagel, who eagerly adapted to the classroom. In addition, the Ministry solid from its inception. Evaluation summaries endorsed the idea and committed staff resources of Education gives a presentation on resources from the participants include comments such as, to making it a reality. and curriculum connections, parliamentary “Don’t change a thing. It is the best professional The SSTI was the very first provincial teacher’s democracy in the classroom, and citizenship. development program in Saskatchewan and it institute in Canada. Most provinces now offer Teacher participants also meet with repre- should not be missed by anyone who wants to teach a similar program to their teachers, with some sentatives of other provincial offices such as their students what it means to be an engaged citi- of these programs having been modeled upon Ombudsman and Elections Saskatchewan. They zen.” They feel enthusiastic and revitalized about Saskatchewan’s. also have the opportunity to hear from the founder teaching civics after completing the program. Teachers are invited to apply by submitting of CIVIX, a successful program in Canada designed Preparing for a program such as SSTI involves a lot a letter of interest as well as a letter of support to help teachers better engage their students in the of preparatory work and cooperation from the various from their principal stating why they should be parliamentary process. It provides teachers with bodies in the Legislative Assembly; however, the considered as a candidate. There is minimal cost resources, including polling stations and lesson reward is great. The opportunity to share the behind- to attend, as all accommodations, food and travel plans for staging an exceptionally authentic and the-scenes workings and the valuable information are supported by the speaker’s office. engaging mock election. Teachers report this to be about parliamentary democracy with our teachers, Once the SSTI begins, the agenda proceeds a beneficial experience for their students. the leaders in our communities, is invaluable. at a rapid pace with a steady schedule of tours, On most evenings, the schedule concludes with I am excited about being the Patron of the briefings and seminars, including briefings with a working dinner and an opportunity to debrief. Saskatchewan Social Science Teachers Institute the lieutenant governor of Saskatchewan, the Teachers are seated with the Legislative Assembly on Parliamentary Democracy. This program speaker, cabinet ministers, MLAs, chiefs of staff, member from each of their respective constituencies has become a Saskatchewan icon, and I hope to clerks, officers of the Legislative Assembly, and (both for their residence and their school). This continue the tradition. I am looking forward to provides an opportunity for both the teacher and the institute’s 20th anniversary in 2018. Achievement levels of U.S. eighth- his or her MLA to discuss teachers’ schools, their grade students on civics portion communities, and any concerns they may have. Saskatchewan Legislative Assembly Speaker Corey Tochor of National Asssessment of Comments from MLAs and teachers have been was first elected to the assembly in 2012, representing the Educational Progress positive about the arrangement. Teachers appreci- Saskatoon Eastview district. He was elected speaker in 2016. ate the chance to have an informal discussion Year Advanced Proficient Basic Below basic with their elected representatives, all the while discovering that they too are human and work Submissions welcome 2014 2% 22% 51% 26% hard for the citizens of the province. This page is designed to be a forum for legislators and The MLAs also feel that this institute is valuable constitutional officers. The opinions expressed on this page 2010 1% 21% 50% 28% to them. It allows them a connection to teachers and their classrooms that they may not have otherwise, do not reflect those of The Council of State Governments or a chance to hear their concerns and to garner their the Midwestern Legislative Conference. Responses to any 2006 2% 20% 48% 30% suggestions about improvements to the education FirstPerson article are welcome, as are pieces written on system. They find that they receive many repeat invita- other topics. For more information, contact Tim Anderson 1998 2% 21% 48% 30% tions from schools that have had teachers participate at 630.925.1922 or [email protected]. in the program.

STATELINE MIDWEST MARCH 2017 9 CSG MIDWEST NEWS & EVENTS

With help from CSG, North Dakota moves April 5 is deadline to toward reforms in criminal justice policy apply for BILLD, top leadership program for Justice Center provided technical assistance in advance of 2017 session Midwest’s legislators he latest Midwestern state to receive technical assistance from the CSG Justice Center is CSG initiatives on justice pril 5 is the last day to apply for the only Ttaking steps this year to enact policies that reinvestment in Midwest leadership program designed to meet save taxpayer dollars and improve public safety. A the needs of newer state legislators from In February, the North Dakota House over- the Midwest. whelmingly approved HB 1041, a comprehensive Now in its 23rd year, the Bowhay Institute bill that includes several policies related to “justice for Legislative Leadership Development counts reinvestment” — for example, changes in the close to 800 people as graduates. Many BILLD penalties for certain drug offenses, greater use of alums have gone on to hold key leadership alcohol and substance abuse treatment programs, positions in their legislatures; others are now and creation of a pilot initiative for pretrial serving in the U.S. Congress and in other state supervision. government positions. HB 1041 is the result of the work of a special This year’s BILLD program will be held interim committee formed in 2015 by the North Aug. 11-15 in Minneapolis. Applications are Dakota Legislative Assembly. Composed of legislators, State has received technical assistance available at csgmidwest.org. local state’s attorneys, judges, law enforcement and from CSG Justice Center the state’s attorney general, the Incarceration Issues Committee met several times over the interim. The Council of State Governments Justice the state and its county governments have spent Center provided the committee with a data- tens of millions of dollars expanding the capacity driven analysis on how to reduce North Dakota’s of existing correctional facilities and building corrections population, contain spending, and new facilities. reinvest a portion of the savings in strategies that Minus legislative action, North Dakota’s prison Details on the BILLD program can reduce recidivism and increase public safety. population is projected to grow by 36 percent by BILLD is designed to advance the leadership In January, the CSG Justice Center issued a final fiscal year 2022, at a cost of $115 million. The CSG skills of legislators in their first four years report outlining policy recommendations and Justice Center’s proposed policy changes would of service. It includes a mix of sessions on options (see below for details). avert a minimum of $63.8 million in costs by 2022. public policy, professional development and Over the past decade, the number of people in North Dakota is the seventh Midwestern state leadership skills. North Dakota’s prisons and jails, on probation, and to receive technical assistance on justice reinvest- These sessions are led by nationally on parole has increased. To accommodate this growth, ment from the CSG Justice Center. renowned policy experts; legislative leaders from the Midwest; and specialists in areas CSG’s policy options for North Dakota policymakers on justice reinvestment such as media training, consensus building and time management.  Option #1 — Use probation instead of prison to hold people who are convicted of nonviolent Class C felony The highly interactive curriculum also offenses. gives participants the chance to meet, learn  Option #2 — Limit to 90 days the time that individuals can be incarcerated as a sanction for a technical from and work with lawmakers from across the violation of their probation or parole; employ more-effective and less-costly sanctions that can reduce further region. The BILLD program includes legisla- violations. tors from all 11 Midwestern states as well as some of the region’s Canadian provinces.  Option #3 — Target resources so that the most intensive supervision of individuals in the criminal justice Each BILLD fellowship covers the cost of system can occur at the beginning of a person’s probation term, when the risk of reoffending is highest. tuition, lodging and meals to attend the five-day institute. In addition, BILLD fellows receive  Option #4 — Expand access to community-based behavioral health services for people in the criminal a nominal travel stipend, which helps cover a justice system. portion of the cost of traveling to the Twin Cities.  Option #5 — Establish a pretrial supervision pilot program and adopt a pretrial risk assessment tool. This BILLD is conducted by CSG Midwest’s option would help reduce unnecessary detentions, prioritize jail beds for people who are at a high risk of reoffend- Midwestern Legislative Conference in part- ing, and connect people with services in the community. nership with The Center for the Study of Politics and Governance at the University  Option #6 — Apply the state’s existing good-time policy to time served in jail as well as prison. of Minnesota’s Humphrey School of Public  Option #7 — Improve the quality of and access to court-ordered programs for people convicted of domestic Affairs. Faculty at the Humphrey School will violence offenses. lead the institute’s policy sessions. The BILLD Steering Committee, a biparti-  Option #8 — Better collect and analyze outcome and demographic data for individuals in the criminal san group of the Midwest’s legislators, oversees justice system. the program, including the annual selection of  Option #9 — Assess, track and ensure the sustainability of recidivism-reduction strategies and increase BILLD Fellows. Indiana Rep. Ed Clere and Ohio Sen. Cliff Hite serve as co-chairs of the BILLD statewide data collection and analysis efforts. Steering Committee; Iowa Rep. Rob Taylor is the vice chair.

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

10 STATELINE MIDWEST MARCH 2017 CSG Policy Academy Series starts in Detroit with 3-day event on autonomous vehicles

t 10 different CSG policy academies held between now and the end of the year, legisla- About The Council of State Governments’ EVENTS CALENDAR Ators and other state leaders will have the Policy Academy Series chance to take a “deeper dig” into critical issues in government, from health and education policy,  designed for legislators and other leaders in MIDWESTERN LEGISLATIVE to the future of public pensions and cybersecurity. state government CONFERENCE ANNUAL MEETING The first of these policy academies will be July 9-12, 2017 ~ Des Moines, Iowa  provide customized training and a “deeper held June 12-14 in Detroit, where legislators will Register at csgmidwest.org have the chance to assess the legal and regulatory dig” on critical issues in state government landscape on issues related to autonomous and  for more information, and to inquire about BOWHAY INSTITUTE FOR LEGISLATIVE connected vehicles. It is designed for legislators participating, visit the CSG events page at LEADERSHIP DEVELOPMENT (BILLD) who are members of their state transportation, csg.org/events/PolicyAcademies.aspx. insurance, economic development, governance August 11-15, 2017 ~ Minneapolis, Minnesota and/or commerce committees. Apply for a fellowship at csgmidwest.org; Here are dates for the nine other academies being • Sept. 20-22 in Washington, D.C. — Two application deadline is April 5 offered by The Council of State Governments in 2017. policy academies will be held over this three-day period. One is a Medicaid academy for legislators • June 23-25 in Lexington, Ky. — Part of CSG HENRY TOLL FELLOWSHIP PROGRAM a broader CSG initiative to foster cross-branch who serve in leadership positions on health August 25-30, 2017 ~ Lexington, Kentucky collaboration in state government, this policy committees. The second is an academy on global academy will focus on legislator-regulator rela- affairs; it is open to graduates of the CSG Henry Apply for a fellowship at csg.org; application deadline is April 23 tions in the areas of environmental and energy Toll Fellowship Program. policy. • Oct. 4-6 in Lexington, Ky.— Two academies • June 28-30 in Washington, D.C. — The will be held over this three-day period: “Workforce GREAT LAKES LEGISLATIVE Medicaid 101 policy academy introduces legisla- Investment: Funding and Trends” and “Public CAUCUS MEETING tors to the intricacies of the state-federal health Pensions and Retirement Security.” September 22-23, 2017 ~ Toronto, Ontario insurance program for low-income people. • Dec. 14 in Las Vegas— Two policy acad- Contact Lisa Janairo ([email protected]) • Aug. 21-23 (location to be determined) — emies will be held in conjunction with CSG’s for registration information Attendees will examine emerging cybersecurity 2017 National Conference: “The Every Student threats in state government and their privacy Succeeds Act: What States Need to Know” and implications. “Fundamentals of Water.”

STATELINE MIDWEST MARCH 2017 11 CAPITOL bargaining unitsgoto arbitration, thean if the contracts for most public-employee employerssector and workers. In addition, innegotiationsdatory between mostpublic Under HF291,onlybasewages willbeman rewrite state ofa43-year-old law. from across Iowa to theCapitol to protest the and brought labor-unionrepresentatives lines291 gotpassedalongmostlypartisan gaining are coming to collective bar changesinpublic-sector Big overhauled inIowa bargainingcollective Law on public-sector ferently violates theIowaConstitution. vs. andtreating non-publicsafety) themdif two classesofpublicemployees (publicsafety Municipal Employees contends that creating the AmericanFederation ofState, County & arbitration. Inalawsuit filedagainstHF291, tively bargained andonwage increases from example, thelimitsonwhat becollec can workers from many of these provisions — for The law, however, exempts publicsafety the subcontracting ofpublicservices. such asinsurance, evaluation procedures, and state also now prohibits negotiations in areas percentage changes. equalto inflationary The following (whichever isless):3percent ora nual wage increase exceed cannot oneofthe sion. According to first billssignedinto law duringthe2017ses NONPROFIT ORGANIZATION U.S. POSTAGE PAID CAROL STREAM, IL

PERMIT NO. 1859 The

Des MoinesRegisterDes Stateline Iowa underoneofthe

Midwest , HF HF , CLIPS

March 2017 ------The Council of State Governments to ahighof185in tion in not commit are now eligiblefor compensa Individuals putinprisonfor acrimetheydid imprisoned wrongfully with laws to compensate Michigan joinsstates place. and Midwestern Office linois, 1062 andHB1067) least two Midwestern states: fully imprisonedhave beenintroduced inat This year, billsto compensate thewrong the second-highest total, 68.) ranging from alow oftwo in west — with the number of exonerations includes 431individualsinthe11-state Mid ofExonerations.National Registry That total according to the University of Michigan’s have beenexonerated over thepast28years, Two thousandpeopleintheUnited States fund. lish awrongful-imprisonment compensation Michigan’s2016, directs treasurer to estab of Claims. SB291,signedinto law inlate to seekcompensation Court viatheMichigan 18 months uponbeingreleased from custody for $50,000from thestate. Individualshave fully incarcerated, heorshewillbeeligible For year every inwhichapersonwas wrong

701 E. 22nd Street, Suite 110 Wisconsin Iowa Michigan Lombard, IL 60148-5095 ,

Phone: 630.925.1922 Minnesota already have theselaws in

Fax: 630.925.1930 .

Email: [email protected] Illinois

csgmidwest.org Kansas , Nebraska . (Michigan has. (Michigan North Dakota North Indiana CHANGE SERVICE REQUESTED (SB125).Il , Ohio (HB ------

and widespread healthcare access. incarceration rates, astrong education system, the result and suchaslow offactors poverty ranked third overall (highestintheMidwest), for theircitizens.”are performing up withanoverall ranking for “how well states tems, crimerates andinfrastructure to come economies, education andhealthcare sys U.S. News &World Report study’s evaluation of “state integrity.” from Moody’s andfinishednearthetop inthe • Ranked No. 10, marks for budgetmanagement. • system. to thestatepart having afullyfundedpension • policies onbudgettransparency. high credit rating from Moody’s andstrong • tion, budgettransparency andstate integrity. 50 states: stability, fiscal government digitaliza country. Four metricswere usedto evaluate all governments are being administered across the World Report have listinarecent madethetop-10 Indiana budget management get highrankings for Several Midwest states Wisconsin North Dakota North Indiana , Wisconsin ranked No. 1overall, thanksto a studythat explores how well state ’s ranking was fourth-place duein Iowa ranked No. 7andgothigh , North Dakota North hasahighcredit rating alsoexplored state Minnesota U.S. News & and Iowa - -

to getasupplemental dealer’s permitandsell would allow the state’s and drug stores grocery bans. Indiana’s SB83,introduced inJanuary, two states intheMidwest withSunday-sales Minnesota March. sult oflegislation (HF30)signedinto law in option ofbuyingalcohol onSunday, there inJuly,Starting willhave Minnesotans the Sunday alcoholsales remove prohibition on Minnesota legislators stores from sellingspirits. Indiana prevents andconvenience grocery hasasimilarlawhol orless;Kansas inplace. onlysellbeerwith3.2percenters can alco spirits. However, theseretail inMinnesota, and convenience stores to sellwine, beerand most states in the Midwest allow grocery tional Alcohol Beverage Control Association, the day oftheweek. According to theNa selling manyof alcohol, types regardless of nesota that prohibits stores grocery from Less languageinMin common isstatutory governing alcohol sales. provisiontory inMidwestern states’ laws sales. This option”“local isacommon statu still have to prevent theauthority Sunday lis) Under Minnesota’s newlaw, the(Minneapo dealers would notneedthispermit. alcoholic beverages onSunday; liquorstore StarTribune and reports,governments local Indiana have beentheonly ------