Stateline

Vol. 26, No. 10 • November 2017

MidwestTHE MIDWESTERN OFFICE OF THE COUNCIL OF STATE GOVERNMENTS

INSIDE CSG Midwest Issue Briefs 2-3 Review of a challenging year • Agriculture & Natural Resources: Michigan deepens investment in value-added agriculture • Great Lakes: New study calls on states to do more to protect Lake Erie from nutrient runoff in the region’s legislatures • Nuclear Energy: Shutdown and devalued plants can have big impact on local tax revenue Several states dealt with big fiscal problems in 2017; lawmakers • Health & Human Services: Medicaid policies used to help fight problem of opioid abuse also passed bills on road funding, opioids and health insurance

Around the Region 4 by CSG Midwest staff ([email protected]) New state laws, legislation raise questions about preemption, authority of local governments n states such as Iowa, Nebraska and Partisan control of Midwest’s Indiana lawmakers raise North Dakota, much of this year’s state governments in 2017 revenue for roads, pass bills to MLC Chair’s Initiative 5 legislative work centered on adjusting State policies, new federal grants expand I and 2018 prevent abuse of opioids maternal depression screening and treatment to new budget realities — slower-than- expected revenue growth and the need to After several years of legislative work close budget shortfalls. Question of the Month 5 and consideration, Indiana lawmakers Do states have laws governing the release of For lawmakers in Illinois and Kansas, approved a plan that began raising more footage captured on police body cameras? the highest-profile issues involved money for the state’s roads and bridges changes in school funding and increases this summer. By 2024, an additional $1.2 Profile 8 in the income tax. Iowa Senate President Jack Whitver billion will be generated every year for And across the Midwest in 2017, in- the state’s transportation infrastructure. cluding in Indiana, Ohio and Wisconsin, FirstPerson 9 A 10-cent increase on motor fuels many new laws were passed with the hope South Dakota House Majority Leader Lee Qualm Divided government: Democratic took effect in July; as a result, Hoosier of stemming a public health crisis related legislature and Republican governor on resolving a conflict over water use, access motorists are paying a state tax of 28 to opioid addiction and overdoses. Divided government: Republican cents per gallon of gasoline. In future CSG News & Events 10 For this month’s cover story of legislature and Democratic governor years, Indiana’s gas tax will be indexed Indiana Sen. Ed Charbonneau to serve as chair of Stateline Midwest, we provide a state- Single-party government: Republi- to inflation, though annual increases will Midwestern Legislative Conference in 2017 by-state review of some of the big issues can control of legislature, Republican be limited to 1 cent per gallon. and new laws that arose out of this year’s governor Under HB 1002, a $15 transportation Capitol Clips 12 legislative sessions. Nonpartisan, unicameral legislature; infrastructure improvement fee will be paid • Michigan expands reach of Promise Zones Republican governor • Iowa gets new ideas on computer science In Illinois, new budget by car owners (that is on top of an existing • Ohioans OK new rights for crime victims motor-vehi- includes higher taxes; school passage of a revised school funding formula cle registra- • Minnesota secures health-insurance waiver funding overhaul also approved (SB 1947), under which almost all new state tion fee), and dollars will go to high-need schools. the drivers of By overriding the veto of Gov. Bruce Also under this law, an “adequacy electric and Rauner, Illinois legislators adopted a target” will be established for every school hybrid vehi- Stateline Midwest is published 11 times a year new budget in July that increases the district based on its demographic profile cles will pay by the Midwestern Office of state’s individual and corporate income — the greater the needs of the district’s additional The Council of State Governments. taxes. According to the Chicago Tribune, students, the higher the funding target set annual fees — $150 and $50, respectively. Annual subscription rate: $60. Illinois had gone a record-setting 736 by the state. In addition, the new formula Also during its 2017 session, the Indiana To order, call 630.925.1922. days without a budget. accounts for differences in property-rich General Assembly passed bills that aim to The budget bill and -poor districts, with the latter address the problem of opioid abuse: SB 226 raises the state’s in- expected to contribute less to the overall limits the amount of opioids a doctor can dividual income tax costs of educating students. To calculate prescribe to a new patient; HB 1438 allows rate from 3.75 per- the cost of providing a quality education, local governments to set up syringe exchange cent to 4.95 percent the state will consider 27 evidence-based programs, and HB 1540 strengthened penal- CSG Midwestern Office Staff and the corporate practices tied to student achievement. ties for robbing a pharmacy or pharmacist. Michael H. McCabe, Director rate from 5.25 per- Tim Anderson, Publications Manager Katelyn Tye serves as CSG Midwest staff liaison Ilene Grossman serves as CSG Midwest staff Jon Davis, Assistant Editor/Policy Analyst cent to 7 percent. Cindy Calo Andrews, Assistant Director Those changes are to the state of Illinois. She can be reached at liaison to the state of Indiana. She can be Ilene K. Grossman, Assistant Director estimated to bring [email protected]. reached at [email protected]. Lisa R. Janairo, Program Director Laura Kliewer, Senior Policy Analyst in an additional $5 billion in revenue to Gail Meyer, Office Manager the state. Laura A. Tomaka, Senior Program Manager Another development in Illinois was PLEASE TURN TO PAGE 6 FOR OTHER STATE LEGISLATIVE REVIEWS Kathy Treland, Administrative Coordinator and Meeting Planner 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. Agriculture & Natural Resources

Michigan deepens investment in in size (and employment numbers), they still can state program for the agriculture industry, the Illinois value-added agriculture industry have a considerable economic impact because of treasurer’s office can reduce the interest rate on the value they add to locally made products. conventional loans of up to $800,000 for value-added ith its 1,800 dairy farms across the state, Research contracted by agriculture projects. Michigan produces a lot of milk (fifth the Michigan Department • Minnesota’s Agricultural Utilization Wamong U.S. states), but even with all of of Agriculture & Rural Research Institute — Created by the Legislature this economic activity, Michigan Sen. Mike Green Development showed that more than 25 years ago, the institute provides sees the potential for more. the processing of Michigan’s technical and business assistance as well as grant How much additional sales and revenue could farm products into value- funding to innovative businesses developing new be generated, for example, by adding greater value added consumer items could uses for agricultural products. to Michigan’s homegrown milk — by diversifying increase their value over This nonprofit institute is funded by the state or expanding the state’s dairy sector so that more farm-gate sales by at least Legislature (a total of $4.4 million in 2016). buttermilk powder is being made or condensed 53 percent. According to the institute’s most recent annual milk is being produced for ice cream and baked Michigan’s new budget Michigan Sen. report, it was involved in 200 different projects Mike Green goods? and its $4.7 million worth related to value-added agriculture last year. The state’s new budget reflects this vision of add- of grants expand on a pilot Between 2010 and 2016, the institute says, its ing more value to Michigan’s agriculture products. It program initiated by the clients (value-added agriculture businesses in the includes a $4.7 million grant program for mid-sized Legislature in 2016. Three projects were funded state) created or retained more than 600 jobs and food and agriculture processing facilities. under this pilot program, including help for a boosted annual gross sales of food and agricultural According to Green, many agriculture-based dairy processor to expand and produce nonfat dry products by $76 million. operations simply have not qualified for existing milk, butter and condensed milk. The success of • North Dakota’s Agricultural Products state programs designed to encourage business the pilot program led to legislative passage of this Utilization Commission — Created by the state expansion. The reason: They don’t create enough year’s $4.7 million program, Green says. legislature and funded by the agricultural fuel tax, jobs. Michigan’s new grant program aims to fill Other examples from the Midwest of state the commission annually funds up to 15 programs that gap. investments in value-added agriculture include: (totaling just under $500,000) that provide new or While some processing facilities may be small • Ag Invest in Illinois — Through this larger expanded uses for the state’s agricultural products.

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

In 2017, ‘severe’ algal blooms Condition of ecosystems in the The western Lake Erie basin, Kosek-Sills notes, once again observed in Lake Erie five Great Lakes has 4 million acres of agricultural land. “To see real progress, you need at least 50 n May and late June, heavy rains fell on the Lake Condition Trends in lake’s condition percent, 60 percent or 70 percent implementation Maumee River, which begins in Fort Wayne Erie Poor Deteriorating of [nutrient-reduction] practices by farmers in the Iin Indiana, runs through agricultural areas in basin,” she adds. northeast Ohio, and eventually flows into Lake Huron Fair Unchanging Government assistance (technical and/or financial) Erie in Toledo. Michigan Fair Unchanging can help producers adopt these practices and keep The river, scientists say, has high concentrations Ontario Fair Unchanging environmentally sensitive lands out of production. of phosphorus, and with all of the spring and summer In addition, recent laws in Ohio prevent manure and precipitation, those nutrients discharged into the Superior Good Unchanging fertilizers from being spread on frozen, snow-covered smallest of the five Great Lakes. The end result: One * Nine indicators are used to determine the health of each lake: quality or saturated ground and require farmers to be trained of the worst observable algal blooms in Lake Erie. of drinking water, swimmable beaches, fish free of contaminants, levels of pollutants, the health of wetlands, the presence of excess nutrients, and certified before applying fertilizer to their land. According to the National Oceanic and Atmospheric the spread of non-native species, the impact of groundwater on water But a new study from the Alliance for the Great quality and changes in land use. Administration, only the years 2011, 2013 and 2015 Lakes and other environmental groups says that in had more severe blooms. Sources: “State of the Great Lakes 2017” (U.S. Environmental Protection Agency and Environment and Climate Change Canada order to meet the 40 percent reduction goal, Ohio, The federal agency’s findings were the latest Michigan and Ontario have to do more. reminder of the “poor” and “deteriorating” health of “The actions that have been taken up to now just Lake Erie (see table), and of the importance of states wastewater treatment plants and better maintenance aren’t enough; we need a more comprehensive ap- and the province of Ontario reaching their agreed- of home septic systems. Under Ohio legislation signed proach,” says Molly Flanagan, the alliance’s vice president upon goal: reduce nutrient runoff into the lake by 40 into law two years ago (SB 1), dredged material cannot of policy. The study, “Rescuing Lake Erie: An Assessment percent by 2025. be dumped into Lake Erie by 2020, but Kosek-Sills of Progress,” details 12 policy actions and singles out Sandra Kosek-Sills, executive director of the says the state is trying to find uses for the material three as most urgent: 1) require comprehensive nutrient- Lake Erie Commission, says her state is taking a now — to help create coastal wetlands, for example. reduction planning on all farms, 2) completely ban the multifaceted approach to curb nutrient loadings. The But the highest priority, and biggest challenge, is winter spreading of fertilizer and manure, and 3) invest strategies include improving operations at smaller reducing runoff from agricultural operations. in stronger water quality monitoring.

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

2 STATELINE MIDWEST NOVEMBER 2017 Nuclear Energy

value of public utility properties. A second measure Devalued, shutdown nuclear S M plants leave tax hole — and requires the department to develop and present to tough questions for lawmakers the General Assembly a payment plan to compensate districts that experience a 50 percent (or greater) n Midwestern communities that host nuclear reduction in public-utility property valuation from power plants, the utilities generate more than just one year to the next. Ielectricity. The Nuclear Energy Institute estimates FirstEnergy has stated that it will either sell or that, on average, a nuclear power plant pays almost close the Davis-Besse and Perry plants unless the state $16 million in state and local taxes each year. provides subsidies for nuclear energy. Those subsidies Today’s energy markets are being driven by would come under a proposal pending (as of early abundant and inexpensive natural gas, which is good November) in the state General Assembly. Known as for ratepayers, but bad for nuclear generators. the Ohio Clean Energy Jobs Bill, HB 381 would create “Nuclear plants make the bulk of their income O a “zero-emissions nuclear resource program” that by energy sales, and the average price of a megawatt Source: U.S. Nuclear Regulatory Commission provides credits to nuclear generators by increasing hour is down sharply in energy markets around rates for customers. the country,” says Matt Wald, a spokesman for the The Benton-Carroll-Salem school district in Illinois lawmakers last year created a similar institute. “In some places, this price is lower than the Ottawa County, where Davis-Besse is located, is zero-emissions credit program by passing SB 2814. cost of operating the nuclear reactor.” expected to lose $4.6 million annually — nearly The 2016 law averted the closure of the state’s Clinton Unfavorable market conditions led FirstEnergy, one-quarter of its total revenue. Schools in Lake and Quad Cities nuclear plants. the utility that owns the Davis-Besse and Perry County, Ohio, will lose nearly $2.3 million in annual Local school districts and county government nuclear power plants in Ohio, to seek a devaluation tax revenue from the devaluation of the Perry Nuclear in Kewaunee, Wis., owe nearly $12 million in prop- — or reduction in the taxable value — of its plants. Generating Station. erty tax refunds under a settlement with the owner of The devaluations were granted by the Ohio The affected schools should receive additional Kewaunee Power Station, which shut down in 2013. Department of Taxation in early October, meaning state support under provisions that were included in The owner, Dominion Energy Kewaunee Inc., filed a municipalities will see the first impact of the tax Ohio’s fiscal year 2017-18 budget. The first provision lawsuit over its 2015 and 2016 tax payments, arguing payment changes in 2018. State officials approved a 73 requires the Ohio Department of Education to adjust the plant’s assessed value of $457 million was too high. percent reduction in the tax valuation of Davis-Besse, the state aid formula for school districts that experi- The agreement, established in January of this year, low- from $184 million to $49 million. ence a 10 percent increase or decrease in the taxable ers the plant’s valuation to $15 million through 2024.

Brief written by Katelyn Tye, who provides staff support to CSG’s Midwestern Radioactive Materials Transportation Committee, which includes representatives from the executive and legislative branches of government in 12 Midwestern states. She can be reached at [email protected]. The committee’s chair is Kevin Leuer of the Minnesota Department of Public Safety. Health & Human Services

• whether any changes were planned for FY Report spotlights how states # of prescriptions for opioid pain 2018, are responding to opioid crisis relievers per 100 people (2016) • if naloxone coverage was provided for family via their Medicaid programs members and friends obtaining prescriptions on n extensive new report from the Kaiser 47.8 an enrollee’s behalf. Family Foundation, “Medicaid Moving 46.9 In the Midwest, all states but Illinois reported Ahead in Uncertain Times: Results from a A 54.8 62.2 one or more such coverages. That might change 50-State Medicaid Budget Survey for State Fiscal 84.9 in the future, however. Illinois Gov. Bruce Rauner Years 2017 and 2018,” provides an overview of 64.0 signed an executive order in September creating 62.8 states’ approaches to eligibility, premiums and 75.3 an Opioid Overdose Prevention and Intervention 56.8 83.9 managed care initiatives, emerging delivery Task Force. The panel will look at strategies to system and payment reforms, long-term services 76.9 prevent expansion of the opioid crisis, treat and and support reform, and provider rates and taxes. promote the recovery of individuals with opioid- The October report also examines states’ opioid Source: U.S. Centers for Disease Control and Prevention use disorder, and reduce the number of opioid strategies as covered by Medicaid. This public health overdose deaths. insurance program covered three in 10 people with It began a statewide “listening tour” last month. opioid addictions in 2015, thus providing many of these CDC guidelines into their fee-for-service Elsewhere this fall, Indiana University an-

individuals with access to addiction services and any Medicaid programs, the Kaiser study found. Only nounced in October that it will devote $50 million medications used as part of a treatment plan. Indiana required participating managed-care over the next five years to fighting opioid addic- As a step toward prevention, more states are organizations to follow these guidelines. But for FY tion. And in late October, the Wisconsin Senate ap- incorporating into their Medicaid programs the 2018, Iowa, Kansas and Minnesota all reported that proved AB 355, which would add fentanyl analogs U.S. Centers for Disease Control and Prevention’s they planned to adopt the CDC guidelines and require to the “synthetic opiates” category of controlled guidelines for how opioid pain medication should them of participating managed-care organizations. substances, making it easier for prosecutors to go be prescribed in primary care settings. The goals As part of the Kaiser study, too, states were after manufacturers. Possessing, manufacturing or of these federal recommendations are to ensure queried about access via their Medicaid programs dealing a fentanyl analog would become a felony. access to effective chronic-pain treatment and to to the opioid antidote naloxone; specifically All 11 Midwestern states are among 41 states reduce the number of people who misuse, abuse • whether the three federally approved nalox- that have announced investigations of, or lawsuits or overdose from these drugs. one delivery systems — injectable, auto-injectable against, opioid manufacturers to determine their In fiscal year 2017, only two states in the or nasal spray — were available without prior possible complicity (and legal liability) in creating Midwest, Indiana and Nebraska, reported adoption authorization in FY 2017, the opiate addiction crisis.

Brief written by Jon Davis, staff liaison to the Midwestern Legislative Conference Health & Human Services Committee. He can be reached at [email protected]. The committee’s co-chairs are Illinois Rep. Robyn Gabel and Kansas Rep. Susan Concannon; its vice chair is Nebraska Sen. Sue Crawford.

STATELINE MIDWEST NOVEMBER 2017 3 AROUND THE REGION

Foundations of home- rule authority and state From minimum wage to ‘soda tax,’ preemption are court local policies pre-empted by states

rulings from Midwest tate law sets forth X, but some municipal % of local governments’ revenue he legal tension between states and their ordinances set forth X+1 or 2. Or some, but from states (2015)* municipalities traces back to the 19th century, Snot all municipalities in a given state, regulate smoking, bagging materials, minimum wages or Tspecifically to the post-Civil War years, says Total amount of % of total revenue Dr. Lori Riverstone-Newell, an associate professor myriad other measures. local government that comes via State in the Department of Politics and Government at Which layer of law prevails? Which should? revenue ($ amount intergovernmental Illinois State University. The tension between states and cities results in thousands) revenue from state in part from dueling doctrines: “Dillon’s Rule,” Many cities pre-date their states, and states (and Illinois $75,053,318 25.1% the federal government) mostly ignored these local which holds that states are supreme; and “Cooley’s units of governments. But in the late 1800s, cities Doctrine,” which says local government is an Indiana $29,653,077 33.4% became more active and proactive — for example, absolute right. Both are rooted in 19th-century Iowa $16,742,905 31.7% jurisprudence in the Midwest (see side story on issuing bonds or occasionally investing in railroads, Kansas $14,723,990 32.4% etc. — and also increasingly fell under the control of this page). Increasingly in the 21st century, how- political machines. That, in turn, prompted states to ever, states are preempting their municipalities. Michigan $47,400,489 39.4% take a closer look at local governments and a more “Anecdotally, yes; preemption has increased,” Minnesota $30,927,429 37.8% says Trevor Langan, a research associate at the active role in their affairs, Riverstone-Newell says. Nebraska $14,494,774 16.0% Dillon’s Rule, named for Iowa Supreme Court National League of Cities and co-author of the Justice John Forrest Dillon (later a federal judge report “City Rights in an Era of Preemption.” North Dakota $4,551,933 42.5% appointed by President Ulysses Grant), originated Issued in February, that study found laws in: Ohio $56,898,874 31.0% in an 1868 Iowa case: Clinton v Cedar Rapids and • all 11 Midwestern states limiting local finance South Dakota $3,561,894 20.9% the Missouri River Railroad. authority through tax and expenditure limitations; In that decision, the Iowa Supreme Court struck • Indiana, Iowa, Kansas, Michigan, Nebraska, Wisconsin $28,861,399 38.7% down a municipal ordinance from the town of North Dakota, Ohio and Wisconsin that stop local * Local governments include counties, municipalities, townships, special districts and school districts. The U.S. Census Bureau cautions that the Clinton that had barred the railroad from laying regulation of ride-sharing companies; results may include sampling and non-sampling errors, and are subject track without the • Indiana, Kansas, Michigan, Ohio and to other data limitations. City Council’s Wisconsin that prevent locally established Source: U.S. Census Bureau, “2015 Annual Surveys of State and Local Government Finances” permission. This minimum-wage rates; local ordinance •Indiana, Kansas, Michigan, Ohio and directly conflict- Wisconsin that preempt paid-leave ordinances cases. As a result, the city of Tallahassee must fight ed with a state by local governments; and a lawsuit brought by two gun-rights organizations law allowing the • Michigan, Minnesota, Nebraska and without the benefit of its legal department. railroad to do so. Wisconsin that block municipalities from estab- Texas’ SB 4 prohibits local authorities from Dillon wrote: lishing their own broadband services. adopting policies that prevent police officers from “Municipal cor- In March, Iowa joined those states preempting asking people about their immigration status. The porations owe local minimum-wage ordinances and paid-leave Texas law also strips local authorities of their right to their origin to, and derive their powers and rights requirements when HF 295 was signed into law. decide when it’s appropriate to report undocumented wholly from, the legislature. It breathes into them That new statute also preempts local governments immigrants to federal authorities, and allows for the breath of life, without which they cannot exist. from having plastic bag bans — ordinances that financial penalties and removal of officials who As it creates, so may it destroy. If it may destroy, it prevent grocery stores or other retailers from disregard the law. (SB 4 was set to go into effect on may abridge and control.” providing these bags to customers at checkout). Sept. 1, but a preliminary injunction was granted Contrasting Dillon’s Rule is the Cooley Doctrine, Most recently in the Midwest, in reaction to on Aug. 30 by a U.S. District Court judge. Texas has named for Michigan Supreme Court Justice Thomas local “soda taxes” being considered across the appealed that decision.) Cooley. The Cooley Doctrine stems from an 1871 country, Michigan’s HB 4999 was signed into Under a bill passed this year by the Illinois Michigan case, People ex rel. Leroy v. Hurlbut, law in October. It bars local municipalities from General Assembly but vetoed by the governor (SB regarding the state’s creation of a public works board establishing their own taxes on food and drinks. 1905), municipalities would have been forbidden for Detroit. In doing so, the Legislature named the “What really enables preemption is the ‘trifecta from creating local “right-to-work” laws. Officials board’s first members and gave them control over of control,’ when one party controls both legislative who ignored the law could have been charged with a streets and parks, the construction of water and chambers and the governorship,” Langan says. Class A misdemeanor, the Chicago Tribune reports. sewer systems, and public buildings except school Over the past few years, in the Midwest and Then there is Arizona’s SB 1487, which has been houses. around the country, single-party control has be- referred to as the “mother of all preemption bills.” The Michigan Supreme Court ruled that move come more common in state legislatures. Langan Signed into law last year, the measure allows the state unconstitutional, agreeing in essence that the adds, too, that various interest groups have pushed to withhold shared revenues if a local government Legislature could not appoint officers for a full term for state preemption via “model legislation.” passes an ordinance that “violates state law or the whose duties were solely municipal. In his opinion, Constitution of Arizona.” A legislator’s request is Cooley held that “local government is [a] matter of Cases of ‘super-preemption’ enough to trigger an investigation of a local ordinance by the attorney general, who must then provide a absolute right; and the state cannot take it away.” States sometimes go beyond simply trying to stop report within 30 days. The Cooley Doctrine underpins the concept of specific local-level policies. “Blanket” or “super” pre- All states, whether they claim to operate under “home rule” that spread in the 20th century and, emption is another possibility, with states threatening Dillon’s Rule or Cooley’s Doctrine, “step into local through state statutes or constitutions, has given cities financially or legally, says Lori Riverstone- affairs whenever they feel like it,” Riverstone-Newell local governments more discretion over their own Newell, an associate professor in the Department of says. That’s not necessarily a bad thing, but the differ- structures, fiscal policies and regulations. Politics and Government at Illinois State University. ence lately is the “tone and broad brushstrokes” with However, as the National League of Cities Writing in the summer 2017 edition of Publis: which states are preempting cities, she adds. notes in its 2017 report “City Rights in an Era of The Journal of Federalism, she cites two examples of Preemption,” local governments’ power under “super-preemption” outside this region. Article written by Jon Davis, CSG Midwest assistant editor home-rule laws are “limited to specific fields, and In Florida, a state preemption law prohibits the and policy analyst. He can be reached at [email protected]. subject to constant judicial interpretation.” use of public funds in defending local gun-ordinance

4 STATELINE MIDWEST NOVEMBER 2017 CAPITAL CLOSEUP

Policies seek more screening of, treatment for maternal depression

by Tim Anderson ([email protected])

our years ago, Northwestern University As of late October, it was not yet known exactly has been lauded by the group Postpartum Support Medicine researchers completed the largest- how much money would be appropriated for this International for improving awareness among Fscale study to date of depression among new competitive federal grant program. According mothers and providers alike, with the result being postpartum women. to Belsito, it most likely will be between $1 million more screening, early identification and appropriate The findings were surprising to and $5 million annually over the treatment referrals. some (including the researchers), next five years. In Belsito’s home state of Massachusetts, the and disturbing to most everyone: MLC Chair’s Initiative: Even minus this new federal Department of Public Health funds a program that Healthy Birth Outcomes in 14 percent of women in the study action, some state statutes and provides front-line obstetric and pediatric providers the Midwest screened positive for depression, a initiatives (inside and outside the with three types of resources: 1) more training on condition among new mothers that Midwest) already are in place to help postpartum depression, 2) real-time psychiatric often isn’t treated or even screened women and their babies affected by consultations and care coordination, and 3) links to in today’s U.S. health care system. maternal depression. community resources. “It’s the No. 1 complication of Under a nearly 10-year-old “It allows the practitioner to pick up the phone pregnancy,” says Jamie Zahlaway law in Illinois, for example, hos- and get an immediate response to help with a diag- Belsito, advocacy chair for the pitals and health care providers nosis and get the patient the treatment she needs,” National Coalition for Maternal are directed to give women the Belsito says of Massachusetts’ MCPAP for Moms. Mental Health. chance to be screened for perinatal mental health Another policy alternative for states is to cover ma- And without effective intervention, she adds, disorders — during prenatal or postnatal visits, prior ternal depression screening via their public insurance depression during pregnancy and among new to discharge from the hospital after childbirth, or as programs. In May 2016, the U.S. Centers for Medicare mothers can negatively impact birth outcomes, child part of a well-baby checkup. and Medicaid Services clarified that state Medicaid development, and a woman’s own long-term health. In Minnesota, hospitals and other delivery programs can pay for these screenings as part of a More federal resources for states to help with this facilities must provide new mothers with information well-child visit. Even before release of this clarification public health problem will soon be on the way. about postpartum depression. This requirement is letter, Illinois, Iowa, Minnesota, North Dakota and Ohio Under the U.S. 21st Century Cures Act, signed the result of a law passed by the Legislature in 2010. already were providing such coverage, according to the into law in late 2016, federal grants will be awarded to Beyond mandates on postpartum depression American Academy of Pediatrics. states to develop or strengthen programs that improve screening and/or education (most states don’t have the availability of maternal depression screening and such requirements, according to a 2013 study done by This article was written as part of this year’s Midwestern treatment. Funding priority will be given to states that University of Iowa researchers), other policy options Legislative Conference Chair’s Initiative of Iowa Sen. Janet propose “to improve or enhance access to screening are available. Petersen. This initiative, Healthy Birth Outcomes, is examining services … in primary care settings.” Iowa’s Perinatal Depression Project, for example, ideas to improve the health of mothers and their babies.

QUESTION OF THE MONTH

destroyed. Under Michigan’s new law, footage must QUESTION: Do states in the Midwest exempt the body camera footage be kept for at least 30 days; if the video is part of a taken by a law enforcement officer from their freedom of information complaint against an officer or agency, it must be acts, and what other laws are in place to govern use of these cameras? kept for three years. Under a bill recently introduced in Wisconsin (AB According to the Urban Institute (which tracks state 351), only body-camera video related to deaths, laws on body cameras), all states in the Midwest ex- injuries, arrests and searches could be released to empt body camera footage from Freedom of Infor- the public. Images captured in a private home or mation Act requests. And over the past three years, elsewhere where privacy is reasonably expected legislatures in at least seven Midwestern states — could be released only if police first get permission Illinois, Indiana, Kansas, Michigan, Minnesota, from all victims, witnesses and property owners. AB Nebraska and North Dakota — have passed laws 351 also would mandate that video be retained for that set guidelines on police use of body cameras a minimum of 120 days. and/or public access to the recordings. Nebraska and Illinois are among the U.S. states that In Illinois, most footage is restricted from public specify when cameras must be worn. Nebraska re- access. However, video “flagged” because of its con- quires officers “to make every reasonable effort to tent may be disclosed under certain circumstances: Illinois, Indiana, Michigan, Minnesota and Nebraska record all contact with citizens in the course of their if a complaint has been filed against the officer in are among the U.S. states prescribing a length of investigative duties and in situations they believe question; if an officer fired his of her weapon or time that body-camera video footage must be should be recorded for law enforcement purposes.” used force; if the footage records a death “or great stored, aside from trial-related preservation of When entering a private residence, officers using a bodily harm”; if an arrest or detention is made, ex- records. Illinois, Minnesota and Nebraska require body-worn camera must inform occupants of the cepting routine traffic stops; if the officer is subject at least 90 days. Indiana requires at least 280 recording whenever practical. to an internal investigation or requests that the days for state agencies, or 190 days for localities. footage be flagged. Illinois also requires “flagged” footage to be held Illinois requires an officer with a body camera to use for two years. it “at all times” when in uniform and “responding to Michigan and North Dakota are among the states calls ... or engaged in any law enforcement-related that exempt footage recorded by law enforce- In Minnesota, any footage showing discharge of encounter or activity.” ment officers or firefighters “in a private place.” a firearm or use of force by an officer resulting Under Michigan’s HB 4427, signed into law in in serious bodily harm, or an event resulting in a Article written by Jon Davis ([email protected]), CSG Midwest August, some disclosure of such video is allowed complaint, must be retained for at least a year. The assistant editor and policy analyst. Question of the Month if requested by someone who is the subject of the subject of such a video can request its preserva- highlights an inquiry sent to the CSG Midwest Information recording or “whose property has been seized or tion for an additional 180 days. Law enforcement Help Line: [email protected] or 630.925.1922. damaged in relation to a crime.” also must notify the subject before the video is

STATELINE MIDWEST NOVEMBER 2017 5 COVER STORY

CONTINUED FROM PAGE 1 2017 Year in Review: Highlights of this year’s legislative sessions in the Midwest New Iowa laws target ‘nuisance’ suits, year’s changes will generate an additional $1.2 Constitutional showdown, help for change collective bargaining system billion in revenue over the next two years. health consumers mark Minnesota’s year Also this year, the Legislature enacted a new Because of a slowdown in revenue growth, Iowa school-finance system (SB 19) in response to a A disagreement in Minnesota over tax and budget legislators had to make mid-year cuts to the state’s Kansas Supreme Court decision that struck down issues this spring led to a surprising action — a fiscal year 2017 budget, a block grant system for schools. That system had line-item veto by Gov. Mark Dayton of the $130 but they also passed been put in place by lawmakers in 2015. million appropriation for the House and Senate. several bills as part of The new funding model provides a base Since that move, the legislative and executive what the Republican- per-pupil amount of money to each district branches have been involved in a legal battle controlled Legislature and includes certain “weightings” for different centering on constitutional questions about sepa- called its “pro-business categories of students to reflect the higher cost ration of powers. agenda.” of educating them — for example, at-risk and As of early November, the case had made it Prior to this year, special-education students. The state formula also to the state Supreme Court, but without any final partisan control in Iowa had been split. As a recognizes various other costs for school districts, resolution. Legislative result of the 2016 elections, however, Republicans including transportation and changes in student leaders have requested took control of the state Senate while retaining enrollment. that a county judge, who in July ruled that their majority in the House. This change helped In October, however, the Kansas Supreme Court struck down the new funding formula, Dayton’s veto violated pave the way for the passage of a number of bills, saying in part that the Legislature had failed to the state’s separation- including: show how its funding levels were “reasonably of-powers clause, • SF 447, which aims to restrain “nuisance law- calculated” to ensure that all students receive an order the governor to suits” against livestock operations by allowing for adequate education. Legislators must develop a restore funding for the House and Senate. Dayton an affirmative defense (permitting the producer to new formula by April 30. has asked the judge to hold off on enforcing his provide facts that allay the legal consequences of July ruling until a final decision by the Minnesota the nuisance) and limiting compensatory damages; Laura Kliewer serves as CSG Midwest staff liaison to the Supreme Court. • HF 518, which reduces workers’ compensa- state of Kansas. She can be reached at [email protected]. Another point of contention between legisla- tion benefits and changes some of the qualifica- tive leaders and the governor is how much money tions to receive benefits; is available in reserves to keep the Legislature • SF 376, which limits asbestos lawsuits; and Michigan revamps teacher retirement running. • SF 465, which puts in place new limits on system, OKs new business incentives But earlier this year, Gov. Dayton and the medical malpractice lawsuits, including a cap on Republican-led Legislature were able to find agree- non-economic damage awards (at $250,000) and a Michigan legislators continued to make changes to ment on two health insurance-related measures. new process to screen for frivolous lawsuits. the state’s retirement systems for public employees, The first bill signed into law in Minnesota Early in session, too, the Iowa Legislature over- this year with passage of a bill that is expected to (HF 1/SF 1) in 2017 provides relief to the 125,000 residents who purchase insurance in the individual hauled the rules for collective bargaining among move newly hired teachers market and who are not eligible for subsidies public employees (HF 291). With the exception of and other school employees under the Affordable Care Act. They are getting a police and firefighters, these employees will only into a 401(k)-style retirement rebate of 25 percent, at a cost of $327 million to be able to bargain over base wages; health insur- plan. the state. Later in this year’s session, lawmakers ance, personnel evaluations and other issues are Under SB 401, school agreed to establish a $542 million reinsurance now excluded. In addition, unions will no longer employers will contribute an program to stabilize Minnesota’s health insurance be able to collect dues directly from employee amount equal to 4 percent of each employee’s salary. On exchange (HF 5). paychecks and will have to be recertified each time top of that amount, the state they represent workers in contract talks. Katelyn Tye serves as CSG Midwest staff liaison to the will contribute 3 percent, state of Minnesota. She can be reached at [email protected]. Ilene Grossman serves as CSG Midwest staff liaison to the using dollars from its School Aid Fund. School state of Iowa. She can be reached at [email protected], employees will put 3 percent of their salaries toward their individual defined-contribution Budget shortfall dominates Nebraska plan, which will be the “default option” for new Two issues dominate 2017 session in hires. session; licensing reforms also approved A “hybrid” pension plan (part defined Kansas: taxes and school funding Slumping state revenue collections and decisions contribution, part defined benefit) will still be over how to cut state spending dominated much With the override of a gubernatorial veto, the available to school workers, but under the new of Nebraska’s legislative year. Kansas Legislature reversed course on sweeping law, there is now a 50-50 cost share between the “We did something that was unprecedented; no income taxes that Gov. Sam Brownback had employee and employer. This hybrid plan will one can ever remember when we have passed two championed in 2012. be closed if it is less than 85 percent funded for two consecutive years. budget bills in one legislative session,” Nebraska Lawmakers came into the session in January Gov. Pete Ricketts said in May as legislators facing a budget shortfall of roughly $1 billion Soon after passage of the teacher-retirement legislation, Michigan lawmakers approved a three- adjourned for 2017. over the next two years After starting session having to make cuts to bill package (SB 242-244) designed to attract new (many blamed the tax address a shortfall in the biennial budget that businesses and encourage expansions by existing changes from five years ended in June, lawmakers turned their attention firms. This new incentive plan allows qualifying ago as a major contrib- to the new two-year budget cycle and the challenge businesses to “capture” part or all of the income utor to this deficit). SB of closing a projected deficit of about $900 million. taxes generated by the new people they hire (if 30 returned the state to Strategies included making across-the-board certain wage requirements are met). a three-bracket income agency cuts and dipping into various cash funds Businesses that get these incentives will be tax structure. The new and the state’s rainy-day fund. subject to enhanced reporting requirements. rates will be higher than those in place since tax Near the end of session, Ricketts line-item year 2013, but lower than the rates in place prior Tim Anderson serves as CSG Midwest staff liaison to the vetoed a total of $56.5 million in spending. to the 2012 changes. state of Michigan. He can be reached at [email protected]. According to Unicameral Update (a publication of According to The Topeka Capital-Journal, this the Nebraska Legislature), those vetoes will result

6 STATELINE MIDWEST NOVEMBER 2017 FEATURE STORY

in a 3 percent cut in the rates that providers get Early this year, the Ohio Department of Health Some of these bills reinstated parts of Initiated for Medicaid, child welfare, behavioral health and released data showing that the problem had wors- Measure 22. However, another proposal related developmental disability services. ened in 2016 — overdose deaths increased from to campaign finance and ethics may once again Proposals this year in Nebraska to change how 3,050 in 2015 to 4,050 last year (the equivalent appear on South Dakota ballots in 2018. agricultural property is taxed and to make future of more than 11 deaths each day). Fentanyl and This past year, too, lawmakers addressed cuts in the income tax (tying related drugs were involved in 58.2 percent of two long-standing issues related to water policy. them to future state revenue those deaths. During a June special session, the Legislature increases) did not advance. Not surprisingly, dealing with this public health passed a measure (HB 1001) to resolve a conflict However, the Legislature crisis has been a legislative focus throughout 2017. over use of the state’s “non-meandered waters” (see did pass a series of bills that At the start of this year, with the passage of page 9 for details). Another bill (SB 66) provides aim to improve the state’s SB 319, lawmakers expanded access to naloxone tax breaks for private landowners who help protect regulation of occupational (the drug that reverses the effects of opioids) the state’s water resources from agricultural runoff. licensing — for example, in homeless shelters, halfway houses, schools making licensing optional and other places with high-risk individuals. The Cindy Andrews serves as CSG Midwest staff liaison to the state for executive officers at state- same measure also streamlined regulations for of South Dakota. She can be reached at [email protected]. chartered banks (LB 140), allowing credit unions to methadone providers and established new limits decide whether their loan officers should be licensed on high-volume prescription orders. (LB 454), joining interstate compacts on medical In August, Ohio Gov. John Kasich issued Wisconsin lands Foxconn plant, holds and nurse licensing (LB 88), and eliminating re- rules limiting the supply of opiates that can be special session to address opioids quirements for motor vehicle salespeople (LB 346). prescribed for acute pain: seven days for In Wisconsin, one of the biggest stories of the year Tim Anderson serves as CSG Midwest staff liaison to the adults and five days involved a Taiwanese manufacturer of LCD screens state of Nebraska. He can be reached at [email protected]. for minors. In addi- and its plans to build a new manufacturing facility. tion, the state’s new To help land the Foxconn plant, budget contains sev- In difficult budget year, North Dakota the Legislature met in special eral provisions along session this summer and passed approves major justice reforms with $170 million in a $3 billion incentive package, funding to address the opioid problem — for which includes income tax In the wake of dampened oil and food commodity example, giving consumers information about how credits for capital investment prices, North Dakota lawmakers passed one of the to access mental health and addiction services, and job creation as well as sales leanest budgets in recent memory. The general- providing more housing for recovering addicts, and use tax exemptions. fund budget for the next two fiscal years authorizes and arming local law enforcement with one. The new factory could em- $4.3 billion in spending, down nearly one-third Along with these legislative initiatives, Ohio’s ploy up to 13,000 people in the from the biennial budget passed in 2015. Third Frontier Commission is investing $20 southeastern Wisconsin town of Mount Pleasant. But the 2017 session in North Dakota also will million in projects that focus on scientific break- Along with the Foxconn deal, two other legisla- be remembered for a series of reforms made to the throughs to combat the opioid problem. tive issues captured considerable attention: delay state’s criminal justice system. The goals of HB of a deal on the state budget and a special session 1041 and SB 2015 include long-term reductions in Laura Tomaka serves as CSG Midwest staff liaison to the state to address the state’s problem of opioid addiction. costs, the prison population and recidivism rates. of Ohio. She can be reached at [email protected]. The budget delay was due to differences over Both measures received bipartisan support, and transportation funding and taxes. In September, were preceded by months of interim committee however, an agreement was reached and Gov. Scott work examining and crafting policy solutions. Voter-approved ethics law repealed Walker signed the state’s $76 billion budget. The new law is expected to reduce the number of in South Dakota, replaced with 9 bills Wisconsin’s special session on opioids resulted people incarcerated for lower-level offenses — as one in the signing of 11 different bills. Under SB 1, for example, barring aggravating Voter approval in November 2016 of new cam- example, school employees will be protected from factors, probation will be the paign-finance and lobbying regulations set the lawsuits if they administer drugs designed to treat presumptive sentence for people stage for perhaps the most closely watched action opioid overdoses. Other new laws in Wisconsin convicted of Class A misde- of the South Dakota Legislature this year — its authorize the opening of a charter high school for meanors and Class C felonies. repeal of Initiated Measure 22. students struggling to overcome addiction (AB 6) In a move intended to reduce Among other provisions, this ballot initiative and fund training for school personnel to identify recidivism, the state will no lon- created a program to publicly finance political and help students struggling with mental health, ger deny Temporary Assistance campaigns, established a new ethics commission, alcohol and drug issues (AB 11). for Needy Family benefits to instituted new lobbying restrictions on state of- In November, AB 335 was signed into law. It adds ficials once they leave office, increased disclosure people convicted of felony drug fentanyl analogs to the “synthetic opiates” category of and reporting requirements, and set new limits on offenses. (There had been a seven-year wait period controlled substances. This change will make it easier from the time of conviction.) campaign contributions. for prosecutors to go after manufacturers. Legislators also increased access to behav- By March, South Dakota lawmakers had not only ioral health treatment for individuals in the state’s repealed Initiated Measure 22, but replaced it with Jon Davis serves as CSG Midwest staff liaison to the state criminal justice system (both in prison and in nine new bills that Gov. Dennis of Wisconsin. He can be reached at [email protected]. the community). The state hopes to save $18.1 Daugaard said were “constitu- million in corrections costs by 2022 as a result of tional” and “workable.” the reforms. [ Editor’s note: The CSG Justice Center For example, SB 151 About CSG Midwest’s state liaisons creates an ethics-complaint provided technical assistance to North Dakota on The Midwestern Office of The Council of State its justice reinvestment efforts.] process for individuals to report wrongdoing by elected Governments provides research services to legislators Laura Tomaka serves as CSG Midwest staff liaison to the state officials and other public in 11 states: Illinois, Indiana, Iowa, Kansas, Michigan, of North Dakota. She can be reached at [email protected]. employees, while SB 131 Minnesota, Nebraska, North Dakota, Ohio, South increases the amount of time Dakota and Wisconsin. CSG Midwest’s staff liaisons that must pass before elected officials and certain provide a first point of contact for legislators seeking Ohio takes series of steps to address state employees can register as lobbyists (two years research assistance or information about CSG. They instead of one). Other measures in the package health crisis: opioid addictions, deaths also closely track legislative trends and developments of nine bills established a campaign finance task In 2015, Ohio ranked second in the nation in the force, placed limits on lobbyist gifts and created in their respective states. number of deaths caused by overdose. a government accountability board.

STATELINE MIDWEST NOVEMBER 2017 7 STATELINE PROFILE Iowa Senate President Jack Whitver Patience, along with ability to listen and build relationships, helped elevate attorney/entrepreneur to key role in upper chamber

by Ilene Grossman ([email protected])

hen Jack Whitver was elected to the Iowa Senate in 2011, he was close to finishing Bio-sketch of Sen. Whitver Wlaw school and had a successful career as a business owner. He soon rose into leadership  Elected in a 2011 special election; elected as positions in the Senate, first as minority whip and Senate president after the 2016 election ranking member of the Appropriations Committee  and, following the 2016 election, as Senate president. Attorney and entrepreneur A lifelong Iowan, Whitver attended Iowa State  Has a bachelor’s degree and MBA from Iowa University, where he received his B.A. and MBA, and State University, and a law degree from Drake was a three-year starter as a wide receiver on the University football team. He finished his college football career ranked in his school’s all-time Top 10 in receptions  Lives in Ankeny, a suburb of Des Moines, with and receiving yards, and was named an Academic his wife, Rachel, and their three children All-American. He says his career as a lawyer and business owner has helped shape his perspective, “but that is just one piece of our whole caucus. We all come from different “My children are 6, 4 and 2, and they are backgrounds, and I think you need that to have a successful caucus.” He adds, “None of us are experts in a large part of why I do what I do in the everything, so having a wide variety of backgrounds is really important and helps us build a stronger team.” Legislature.” In a recent interview with CSG Midwest, Whitver talked about his priorities as Senate president as well issues are important to them. Along with that, patience individuals, but every small-business owner as well. as his approach to legislative leadership. Here are is really important. As the session goes along, let things If you look across the country at those states that are excerpts. play out and have patience with the people involved in growing, those states with low or no income tax are the issues. As a leader, you have to build trust within doing the best. How important was mentoring to you as a new your caucus and with constituents, so they know they Longer term, it is important to look at how to Q: legislator, and how do you mentor others? can trust you, and that you will be up-front with them, modernize and reorganize state government so that it I was very fortunate because one of the first even if they don’t agree with you all the time. fits a 21st-century model. So many things we do were A: people I met in the Senate was Bill Dix (now designed decades ago and aren’t the most efficient. the Senate majority leader), and he took me under What are one or two of the bills you have been his wing and helped me learn the process. It is so Q: involved with that you are most proud of? What are likely to be some of the big issues important to find someone to mentor you, because As Senate president, I don’t floor-manage Q: the Legislature will take on in 2018? unless you have been around politics, which I never A: bills, but these are two I was deeply involved We will be talking a lot about tax reform. For had, it takes a while to understand how the process with. One of the issues I worked on last year was A: several years, we have been trying to pass works. I try to go out and door-knock with every returning power to the local school districts. The some water quality initiatives and we will continue one of our candidates and spend some time in their school boards now will be able to run their schools to work on that. Mental health is important, and we districts and talk them through any issues or concerns as they see fit and not have to ask permission to do will be looking to improve both services and insurance they are having. I like to build a relationship with them things differently. In a diverse state like Iowa, no mat- coverage. even before they are elected, and once they are elected, ter what a district’s challenges, we treated all schools I try to spend time with them both inside and outside the same. With this legislation, we gave local schools What are some of your biggest frustrations, the Capitol. Relationships are everything in politics. more flexibility to spend funds how they need to so Q: or things you’d like to change, about the they can be successful. Legislature? Why did you pursue legislative leadership, Another bill involved a constituent whose son It doesn’t move very fast. As an entrepreneur, Q: and how did you go about pursuing that was killed on his bicycle by a drunk driver. The A: you are used to making decisions and moving leadership path? parents wanted to get a bill passed that would get with them. When I was first elected, I was more into drunk drivers off the road, so we worked on a bill last Also, a lot of the issues we have to deal with in the A: policy, especially our state budget. But we session that would provide drunk drivers with actual state of Iowa, and in the country, are not hard to find were in the minority, and we weren’t accomplishing help, rather than just jailing them. The legislation gets solutions for. What is sometimes difficult is to find the as much as I hoped we would. I decided to run for drunk drivers into a treatment program. We called it a political will or courage to get the solutions done, so leadership so I could help win the majority, and when 24/7 program. In lieu of other punishments, the judge that can be frustrating at times as well. we did, we were able to get some of our priorities can have the person convicted of drunk driving [in accomplished. the case of multiple offenses or certain first offenses] What do you hope Iowa will be like 15 to check into the local sheriff’s office twice a day, so they Q: 20 years from now when your children are What are some of the qualities and character- are monitored to ensure that they are alcohol-free. grown? Q: istics that you see as important to being an Over time, this type of program has been shown to My children are 6, 4 and 2, and they are effective legislative leader? How would you describe help people break their addiction. A: a large part of why I do what I do in the your legislative leadership style? Legislature. I like to listen a lot more than I talk. I think What are your top legislative priorities for When they are ready for college, I want there to be A: it’s really important to spend as much time Q: 2018? good universities here, and when they are done with as you can listening to your caucus members and your For me, the most important thing is to reduce college, I want there to be good jobs and a good quality constituents to understand what drives them and what A: the individual income tax. It affects not only of life that make them want to stay in Iowa.

8 STATELINE MIDWEST NOVEMBER 2017 FIRST PERSON A FORUM FOR LEGISLATORS AND CONSTITUTIONAL OFFICERS A compromise on water use After years of controversy, South Dakota Legislature navigates deal protecting landowners and recreational access to public

by South Dakota House Majority Leader Lee Qualm

t was coming up on the final week of the 2017 legislative session, and I knew that the How legislators addressed a long-running dispute over ‘non-meandered waters’ South Dakota Supreme Court had heard a case I √ The controversy: Who has the right of use over “non-meandered waters” — bodies of water that sprang up in regarding a long-running dispute over our state’s the 1990s after tremendous rainfall and snowfall? non-meandered waters. Who has the right to control use of these √ The court decision: In a ruling earlier this year, the South waters? When would the court issue its ruling? Dakota Supreme Court left to the Legislature the task of resolving With only four days before adjournment, I got the controversy over whether members of the general public “may the answer to the latter question. Justices issued enter or use any of the [non-meandered] water or ice located on their decision but, in doing so, provided no defini- private property for any recreational use such as hunting or fishing.” tive answer to that first question. In Duerre v. Game √ The legislative response: After the court ruling, lawmakers Fish & Parks/Secretary Hepler, the court stated that formed a special committee, held hearings on non-meandered neither the landowners, who had lost land with the waters, and met in special session in June. flooding that created the non-meandered waters, nor the sportsmen, who were using the waters for fishing √ The legislative solution: Signed into law in June, HB 1001 and hunting, had a “priority of use.” reflects a compromise reached on the use of non-meandered waters. It immediately opened 25 bodies of water to To resolve the dispute, the state Supreme Court the public while giving landowners the ability to post and close certain areas of non-meandered waters. tasked the Legislature with establishing the statutory language that would resolve this “priority of use” question. We did so earlier this year, though only Time for Legislature to act, quickly water access to see what could be done to regain public access. Lastly, we inserted a sunset clause after forming a special task force to explore the issue, ince the issue first arose in the 1990s, we had holding hearings to gather input from all affected of June 2021 to allow an appropriate time frame several summer legislative studies and bills to evaluate whether the law was working. groups, and then meeting in special session. brought forth regarding non-meandered Now, I’m sure some of you are wondering what S With much discussion, our task force passed waters, with no resolution reached. this bill on a bipartisan vote, 14-1. the difference is between meandered waters and The Supreme Court’s 2017 ruling, however, With this decision made, we then had to find a non-meandered waters? marked the first time that the Legislature was really date for the special session, one that would work When our state was founded in 1889, surveyors directed to fix the problem, and it needed to be re- for our part-time Legislature. It was June 12, and were directed to plot the whole state’s section lines and solved quickly. Otherwise, businesses in the northeast on that day, HB 1001 passed with a wide margin to establish which bodies of water were permanent part of the state would not survive the summer. of support and was signed into law. and, therefore, would belong to the state of South The Legislature’s Executive Board formed a During the special session, several amendments Dakota. These were called meandered waters because task force to help settle this extremely emotional to the bill were brought forward, but only one passed. the surveyors “meandered,” or walked around them. and financially impactful issue. As chair of this It changed the sunset clause from June 2021 to June This lawsuit dealt with “non-meandered waters,” task force, I knew that we needed to resolve the 2018. As a result, we will have to address this issue a term that refers to the lakes that sprang up in the issue before the 4th of July; with that in mind, I again during next year’s legislative session. 1990s after tremendous rainfall and snowfall in the set the first meeting for the end of April. As of today, this new law is working very well — a northeast part of South Dakota. Tens of thousands Our first meeting, held in the state capital of Pierre, reflection of the work of legislators in bringing togeth- of acres of privately owned land were flooded. When er Game, Fish & Parks, sportsmen and landowners to that happened, there was much dispute as to who had featured a lot of information sharing and gathering. find a compromise over non-meandered waters. This authority over these newly formed bodies of water. In addition, we heard testimony from Game, Fish was something never before accomplished. Our South Dakota Department of Game, Fish & Parks; affected retailers; lawyers who represented I am hopeful we can pass a bill next session to & Parks believed it could do whatever it wanted affected landowners; and sportsmen’s groups. return the sunset provision to 2021 in order to let this with these new lakes, with very little regard to the With all this background information, I long-needed legislation for non-meandered waters landowners who had lost their very livelihood. The decided we needed some extended time to get work for the good of the people of South Dakota. department’s argument centered on the Legislature’s additional testimony, and we moved our second meeting to a location more easily accessed by af- broad policy that the public has a right to use state South Dakota Rep. Lee Qualm, a Republican from Platte, waters and that recreation is a beneficial use of water. fected individuals, businesses and groups. At that served as chairman of the Legislature’s Regulation of Non- On the other hand, the landowners believed second meeting in Aberdeen, we heard from more Meandered Waters Interim Study Committee. He also is the that since they had lost all of these acres due to than 70 individuals and organizations that would majority leader in the South Dakota House. flooding, and were still required to pay taxes on be directly impacted by the decision before us. them, they should have a say as to who could use After one more information-gathering session, this water for fishing and hunting. we began to work on ideas for potential legislation. Submissions welcome When our state Supreme Court issued its 2017 By mid-May, we had a bill put together. It gave This page is designed to be a forum for legislators and ruling, Game, Fish & Parks completely shut down all landowners the ability to tell Game, Fish & Parks constitutional officers. The opinions expressed on this page access to 25 of these non-meandered lakes because it that they did not want anybody fishing or hunting didn’t have authority to allow access to them anymore. on the water above their property. The landowners do not reflect those of The Council of State Governments or The negative financial impact to nearby hotels, would have to mark off their property lines with the Midwestern Legislative Conference. Responses to any convenience stores, restaurants, boat mechanics, buoys, and would not be able to charge sportsmen FirstPerson article are welcome, as are pieces written on grocery stores, etc., in northeast South Dakota was a fee to access the water above their property. other topics. For more information, contact Tim Anderson immense — and potentially devastating due to very We also gave Game, Fish & Parks the authority at 630.925.1922 or [email protected]. few fishermen and hunters coming to the area. to negotiate with any landowner who restricted

STATELINE MIDWEST NOVEMBER 2017 9 CSG MIDWEST NEWS & EVENTS

Indiana Sen. Ed Charbonneau to lead Region’s leaders nonpartisan group of region’s legislators on passenger rail Longtime lawmaker tapped to serve as Midwestern Legislative Conference chair meet, elect new team of officers ong active in the Midwestern Legislative Conference, Indiana Sen. Ed Charbonneau has List of recent chairs of CSG’s tate legislators and the heads of key state been tapped to lead this nonpartisan group of nonpartisan Midwestern L agencies came together in October as part the Midwest’s state and provincial legislators in 2018. Legislative Conference of ongoing efforts to improve passenger In October, the MLC’s team of officers — Iowa Sen. Year State Legislator S rail service in the region. This year’s three-day Janet Petersen, current chair of the MLC; Illinois Rep. 2018 Indiana Sen. Ed Charbonneau meeting of the Midwest Interstate Passenger Rail Elgie Sims, second vice chair; and Wisconsin Rep. Joan Commission was held in Wichita, Kan. Ballweg, immediate past chair — unanimously chose 2017 Iowa Sen. Janet Petersen CSG Midwest provides staff support to the Sen. Charbonneau to fill the open position. (Ohio Sen. 2016 Wisconsin Rep. Joan Ballweg commission, which was formed by a compact Cliff Hite, who had been slated to be next year’s MLC agreement in 2000 and currently includes nine chair, resigned from the Legislature this fall.) 2015 North Dakota Sen. Tim Flakoll states: Illinois, Indiana, Kansas, Michigan, Charbonneau already has been an important 2014 Nebraska Sen. Beau McCoy Minnesota, Missouri, Nebraska, North Dakota leader in the MLC, serving on its Executive 2013 Minnesota Rep. Alice Hausman and Wisconsin. Committee and as co- The commission is made up of state legislators chair of its Midwest- 2012 Ohio Rep. Armond Budish (appointed by legislative leadership), gubernato- Canada Relations 2011 Indiana Rep. Scott Reske rial designees and private-sector representatives. Committee. In his role 2010 Ohio Sen. Steve Buehrer At the meeting in Wichita, a three-member officer as MLC chair, he will team was chosen to lead the commission. oversee and help plan 2009 Kansas Sen. Jay Emler the group’s 2018 Annual 2008 South Dakota Sen. Tom Dempster • Beth McCluskey will serve as MIPRC chair. Meeting, which will She is the director of the Illinois Department of 2007 Michigan Sen. Patricia Birkholz be held July 15-18 in Transportation’s Office of Intermodal Project Winnipeg, Manitoba. 2006 Illinois Sen. Donne Trotter Implementation. Indiana Sen. Charbonneau’s in- • Tim Hoeffner is now the vice chair (he Ed Charbonneau volvement in The Council stepped down as MIPRC chair). He is director of the Senate Health & Provider Services Committee of State Governments of the Michigan Department of Transportation’s and also is leading the work of an interim legislative and MLC (CSG Midwest Office of Rail. committee in Indiana on health care. provides staff support to the MLC) dates back nearly • Indiana Rep. Sharon Negele is taking over as a decade; in 2008, he was part of the graduating class MLC leaders next meet at CSG meeting the commission’s financial officer (she succeeds of the Bowhay Institute for Legislative Leadership Kansas Sen. Carolyn McGinn). Development. Three years later, he completed CSG’s The MLC’s new four-member officer team will national Henry Toll Fellowship Program. be officially installed at a Dec. 16 meeting of the MIPRC’s new officer team Charbonneau also serves on the Executive group’s Executive Committee, which is meeting in Committee of the Great Lakes Legislative Caucus, conjunction with the CSG National Conference. a binational, nonpartisan group of legislators from That conference will run from Dec. 14-16 and eight U.S. states and two Canadian provinces. CSG will feature a wide array of policy academies and Midwest provides staff support to this caucus. sessions. This year’s keynote speaker is presidential An attorney with a legislative district that historian Michael Beschloss. Registration for the includes five counties in northwest Indiana, meeting can be completed at csg.org. For informa- Charbonneau has been a leader inside the state tion about the MLC Executive Committee, please Senate on a wide range of issues, including water contact CSG Midwest director Mike McCabe: infrastructure and health policy. He serves as chair [email protected] or 630.925.1922. From left to right: Indiana Rep. Sharon Negele, MIPRC financial officer; Beth McCluskey, MIPRC About The Council of State Governments’ Midwestern Legislative Conference chair; and Tim Hoeffner, MIPRC vice chair. ü is a nonpartisan professional association of all legislators from 11 states: Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Nebraska, North Dakota, Ohio, South Dakota and Wisconsin ü counts four provinces as affiliate members: Alberta, Manitoba, Clarification Ontario and Saskatchewan ü overseen by Executive Committee that includes legislators n the October issue of Stateline Midwest, a appointed by leaders in each of the Midwest’s legislative chambers map indicating the authority of legislatures to call themselves into special session should ü led by four officers (chair, first vice chair, second vice chair I and immediate past chair) who are members of the Executive have noted the following about North Dakota: The Committee Legislative Management Committee can call a special session. However, it is constrained by the ü receives staff support from the Midwestern Office of The Council of State Governments number of session days. The legislature can only ü offers numerous services and opportunities for region’s legislators, including policy research meet for a total of 80 days (including any special and assistance, legislative leadership, training sessions on professional development and session) during a biennium, and often uses 77 or public policy, and interstate information sharing and networking 78 days for regular session. Three legislative days are required to pass a bill.

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

10 STATELINE MIDWEST NOVEMBER 2017 The Council of State Governments teams up with Women In Government New affiliation will add value to services provided to nation’s state leaders

wo premier national organizations for state political leaders have inked a historic agree- % of state legislators in Midwest CALENDAR Tment. With more than a century of combined who are women leadership and service on behalf of state political UPCOMING MIDWESTERN LEGISLATIVE leaders, The Council of State Governments and 18.4% CONFERENCE AND THE COUNCIL OF STATE Women In Government entered into a strategic 32.3% GOVERNMENTS EVENTS affiliation that became effective on Nov. 16. 20.0% 23.5% “Women account for nearly a quarter of all 23.6% state legislators,” says Colorado Sen. Nancy Todd, 22.7% CSG NATIONAL CONFERENCE chair of Women In Government’s board of direc- 24.5% December 14-16, 2017 20.0% 22.0% tors. “Our vision and experience are essential to 35.0% Las Vegas, Nevada decision-making at a time when state leadership 28.5% Contact: Kelley Arnold ([email protected]) is more important than ever before.” 859.244.8000 The affiliation enhances the strengths of both * Nationwide, 25 percent of U.S. state legislators are women csg.org organizations and has value-added benefits for Source: Rutgers University Center for American Women and Politics synergy among all leaders in state government. 73RD ANNUAL MEETING OF While retaining their separate boards and Women serving as house speaker, THE MIDWESTERN LEGISLATIVE missions, the two organizations will combine CONFERENCE expertise and capacity to address the complex senate president, majority leader or minority leader in Midwest July 15-18, 2018 policy issues facing states today. Winnipeg, Manitoba “Through this partnership, we will be able to State Legislator Position affirm our commitment to empowering women Contact: Gail Meyer ([email protected]) House majority 630.925.1922 and propelling more women into positions of Illinois Barbara Flynn Currie leader csgmidwest.org leadership,” says Oregon Gov. Kate Brown, CSG’s Iowa Linda Upmeyer House speaker national president in 2017. Senate minority 24TH ANNUAL BOWHAY INSTITUTE The Women In Government Foundation, Iowa Janet Petersen leader FOR LEGISLATIVE LEADERSHIP Inc., is headquartered in Washington, D.C. It is a DEVELOPMENT (BILLD) national, nonprofit, nonpartisan organization of Kansas Susan Wagle Senate president August 10-14, 2018 women state legislators that provides leadership House majority Minneapolis, Minnesota Minnesota Joyce Peppin opportunities, networking, expert forums, and leader educational resources to address and resolve Contact: Laura Tomaka ([email protected]) House minority Minnesota Melissa Hortman 630.925.1922 complex public policy issues to all women state leader legislators. csgmidwest.org House minority CSG is the nation’s only organization serving all North Dakota Joan Heckaman leader three branches of state government. It is a region- CSG HENRY TOLL Senate minority based forum that fosters the exchange of insights Wisconsin Jennifer Shilling FELLOWSHIP PROGRAM leader and ideas to help state officials shape public policy. August 24-29, 2018 Lexington, Kentucky

Contact: Kelley Arnold ([email protected]) 859.244.8000 Congratulations to Midwest’s 2017 CSG Toll Fellows csg.org Eight state legislators and officials from the Midwest successfully GREAT LAKES LEGISLATIVE completed this year’s Henry Toll CAUCUS MEETING Fellowship Program. This national leadership program is held annually September 20-22, 2018 by The Council of State Governments. Erie, Pennsylvania A special graduation ceremony for the entire 2017 Toll Fellows Class Contact: Lisa Janairo ([email protected]) will be held in December at the CSG 920.458.5910 National Conference in Las Vegas. greatlakeslegislators.org Bottom row: Jessica Karls- Ruplinger, deputy director of the Wisconsin Legislative Council, and Wisconsin Rep. Dave Considine Middle row: Nathan Sanderson, policy and operations director for the South Dakota governor’s office; Minnesota Rep. Roz Peterson and Ohio Rep. John Rogers Top row: Taylor Gage, public relations director for the Nebraska governor’s office; Michigan Sen. Ken Horn and Nebraska Sen. Robert Hilkemann

STATELINE MIDWEST NOVEMBER 2017 11 CAPITOL plement “innovative ways” ofproviding access thesewaivers Services, Medicaid letstates im According to theU.S. Centers for Medicare & 2022. able Care inOctober. Act) Itiseffective through waiver oftheAfford (namedfor that section Gov. Mark Dayton signed the 1332”“Section exchange by 20percent. ing premiums on the state’s health insurance and hasbeencredited by officialswith lower created earlierthisyear vialegislation (HF5) $542 millionreinsurance program, whichwas Minnesota insurance exchange for planto solidify Minnesota getswaiver were inflexible rules. month dueto what Gov. KimReynoldssays waiver, butwithdrew itsapplication last Iowa the availability ofcare. federal budgetdeficitanddon’t compromise to healthcare as longastheydon’t increase the the federal government to pickupthetab. credits for qualified consumers, thusforcing premiums increase, sodothefederal tax According to insurers to addasurcharge to thoseplans. change orat to usethemonlyfor “Silver” plansonitsex those eligiblefor ACA cost-sharing subsidies dressed its 2018 premium hikes by requiring NONPROFIT

ORGANIZATION 1332 hadalso applied for a Section U.S. POSTAGE PAID hassecured federal approval for its healthcare.gov

CAROL STREAM, IL Modern Healthcare PERMIT NO. 1859

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Midwest CLIPS

November 2017 - - - - - The Council of State Governments South Dakota South stitution. In2016,voters in initscontions for therights ofcrimevictims nesota Like mostMidwestern states ( refuse discovery requests madeby theaccused. from theaccused, restitution, to andtheability ings, prompt conclusion ofacase, protections includes privacy, proceed notification of court to 17.4percent. Itsenumerated listofrights proved inNovember by voters: 82.6percent Issue 1,alsoknown asMarsy’s Law, was ap improving therights ofcrimevictims. west to change itsconstitution with a goalof Ohio crime victims ‘ rights Constitution to enhance Ohio voters change Midwestern Office pricing law appeared ontheballot. Midwesternfirst state wheretype ofdrug- this ment of Veterans Affairs pays.Ohio was the no more for drugs thanwhat theU.S. Depart required state agenciesandprograms to pay of 79.3percent to 20.7percent. Itwould have votersOhio alsodefeated Issue 2,by amargin were addedbetween 1988and1996. the Midwest, constitutional-level protections billofrights for Ina statutory crimevictims. Wisconsin tutions; ing versions ofMarsy’s law to theirstate consti

701 E. 22nd Street, Suite 110 hasbecome thelatest state intheMid are theexceptions), hasprotec Ohio Lombard, IL 60148-5095 Illinois was thefirst U.S. state to establish Phone: 630.925.1922 overwhelmingly approved overwhelmingly add residents didthesamein2014. Fax: 630.925.1930 Email: [email protected] csgmidwest.org North Dakota North Iowa CHANGE SERVICE REQUESTED and Min and ------and alow of$8,197in — ahighof$13,621among fromversity state vary to state intheMidwest tuition andfees to attend afour-year publicuni According to theCollege Board, average yearly taxes withinthePromisetion property Zone. ofannualgrowth instateusing aportion educa money, thenprovides Michigan assistance, extra munities that successfully raise thescholarship obtaining abachelor’s degree. For com local andcover gofurther thecostsplans alsocan of sociate’s degree. These financial-assistance local Promise Zone students to at leastobtainanas enough fundingto cover thetuitioncosts of Under thestate law, mustprovide acommunity the highschoolgraduating classof2018. scholarships to Flint students beginningwith schoolswillawardpostsecondary tuition-free Up to 15communities in become Promise Zones more communitiesto Michigan allowing raised. According to where private donations already have been new Promise Zone communities will be Flint, of communities was limited to ofthe 10.One since 2008. Prior to the new law, the number the reach ofaprogram that hasbeeninplace SB 98, signed into law in November, increased access to college scholarships. of thestate where students local are ensured the chance to become “Promise Zones,” areas North Dakota North mlive.com Michigan Illinois , three local now have . ’ schools - - - -

state’s required math standards); taken(after they’ve courses that cover the math creditto meetcertain requirements • allowing students to use computer science schools. Ideas include: puter science education inthestate’s K-12 of recommendations for strengthening com by the A work group establishedearlierthisyear science instruction advancing computer Iowa getsideasfor area for current andfuture teachers. tions, andfundingtraining inthissubject veloping statewide standards andcertifica that de highschoolsoffer suchinstruction, computer science. They include requiring tifies ninespecificstate related actions to The national, nonprofit group area.teacher endorsement in thissubject tablishes computer science standards andanew sional development fundfor teachers, andes Iowaevery schoolby 2019,creates July aprofes 274 encourages computer in science instruction In additionto creating thework group, Iowa’s SF the state’s highschoolgraduation requirement. making of computereventually science a part • pathway; and into schools’ career andtechnical education • better integrating computer science courses Iowa Legislature hasissuedaseries code.org iden ------