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FIGHTING FEDERAL PRE-EMPTION PAGE 5 July/August 2016 I’m developing innovative technology that recycles nuclear fuel to generate electricity. With nuclear energy, we can have both reliable electricity and clean air. Leslie Dewan Technology Innovator, Forbes 30 Under 30 We Can’t Reduce CO2 Enough Without The world has set ambitious clean air goals and American innovators, like Bill Gates, Leslie Dewan at Transatomic Power and Jose Reyes at NuScale Power, are developing advanced nuclear energy technologies to reduce carbon emissions. Nuclear energy produces 63% of America’s carbon-free electricity and they know it has a distinct role to play to meet future energy and clean air goals. LEARN MORE nei.org/whynuclear #whynuclear CLIENT: NEI (Nuclear Energy Institute) PUB: State Legislatures Magazine RUN DATE: July/August SIZE: 7.5” x 9.875” Full Page VER.: Leslie - FP Ad 4CP: JULY/AUGUST 2016 VOL. 42 NO. 7 | CONTENTS A National Conference of State Legislatures Publication Executive Director William T. Pound Director of Communications Karen Hansen Editor NCSL’s national magazine of policy and politics Julie Lays Assistant Editor Kevin Frazzini FEATURES DEPARTMENTS Contributing Editor Jane Carroll Andrade What Great Leaders Do Page 14 SHORT TAKES PAGE 4 Online Magazine Ed Smith BY TIM STOREY Letters from members, along with connections, support, expertise Mark Wolf Good leaders have an abundance of skills. Great leaders have and ideas from NCSL Advertising Sales mastered these 10. Manager LeAnn Hoff TRENDS PAGE 7 (303) 364-7700 Which states have started replacing their share of the country’s [email protected] aging voting machines? We also have the latest on financial literacy Contributors Max Behlke for adults, the widening partisan gap and legislative “efficiency.” Jackson Brainerd Mindy Bridges Corina Eckl NEWSMAKERS PAGE 12 Pam Greenberg Katie Meehan A look at who’s making news under the domes Heather Morton Arturo Perez Budget Chaos Page 20 Jennifer Schultz BY ELAINE S. POVICH STATELINE PAGE 28 Rich Williams Rancor between governors and legislatures causes record- What’s happening around the nation—from equipping police with Art Director Bruce Holdeman breaking budget impasses in Illinois and Pennsylvania. body cams to regulating fantasy sports to getting rain-barrel users on the right side of the law. NCSL President Senator Curt Bramble Budgeting for Results Page 25 President Pro Tempore Utah BY ALLISON HILTZ AND LUKE MARTEL WHAT STAFF KNOW PAGE 36 The Results First budgeting approach helps lawmakers decide Three things information technology professionals want you to NCSL Staff Chair Karl Aro which programs are worth funding based on the facts. know about their role in the legislative process Department of Legislative Services, Maryland ON RECORD PAGE 48 Denver Office Tales From the Top Page 30 7700 East First Place BY KATIE FISCHER ZIEGLER Q&A with Jerry Abramson, the White House Director of Denver, Colorado 80230 (303) 364-7700 Women share their insight and advice on leading legislative Intergovernmental Affairs Washington, D.C., Office bodies. “Being responsive to state legislatures has been a priority.” 444 N. Capitol St. N.W., Suite 515 Washington, D.C. 20001 Lean on Me Page 38 YES, NO, MAYBE SO PAGE 51 (202) 624-5400 BY IAN K. KULLGREN What is legislative immunity? State Legislatures (ISSN Two Oregon lawmakers put partisan politics aside to battle a 0147-0641) is published 10 times a year by the serious disease together. STATESTATS PAGE 54 National Conference of State Legislatures. The state of legislative staff ©2016, All rights reserved. Connecting Remotely Page 40 Reproduction in whole or in part without permission BY PAM GREENBERG THE FINAL WORD PAGE 55 is prohibited. Requests for permission to reprint may Technology is letting constituents who live far from the capitol Meet Robin Vos, Speaker, Wisconsin State Assembly be emailed to Julie Lays testify at legislative hearings. “The challenge we always face is trying to get 63 at: [email protected]. Opinions expressed in Type A personalities to have common goals.” this magazine do not necessarily reflect NCSL Everything You Always Wanted to Know About policy. State Legislatures is indexed in the PAIS Redistricting* Page 44 SL ONLINE Bulletin and Expanded BY WENDY UNDERHILL You can find more information and links to resources Academic Index. Annual subscription rates: *But didn’t know who to ask. Elections experts tackle the most on topics in this issue at SL Online. U.S.—$49; foreign—$55; teachers—$25 (promo frequently asked questions. Go to ncsl.org/magazine. code SLMTEA). Single copy: $6.50. Periodically, NCSL rents mailing labels Birth of Liberty Page 52 NEW! Dive deep into the world of marijuana, with to other organizations. If you prefer your name not BY MARK WOLF everything you need to know all in one place. One be included please send a Q&A with historian and author Dan Jones about the significance dive, lots to catch in SL Online’s new Deep Dive written request. of the Magna Carta. section. Postmaster: Send address changes to: State Legislatures magazine, 7700 East First Place, STATE LEGISLATURES 3 JULY/AUGUST 2016 Denver, CO 80230. LETTERS SHORT TAKES ON NCSL NEWS Comments from NCSL SUPPORT Constituents EXPERTISE “It balances one of their Via Email: most significant levers, which is funding, with one Re. “More Than Just Hot Air,” May 2016 of their most significant Maryland is not among the states that “debated, responsibilities, which is but did not pass” legislation relating to counter- accountability.” feit air bags this year, as this article says. Two Julie Bell on why legislators find identical bills prohibiting the importation, man- performance-based funding of higher ufacture, sale, installation, etc., of counterfeit education appealing, in The Washington and nonfunctional air bags—passed and were Post. signed into law earlier this month. April Morton “You can’t tax something Maryland General Assembly if it’s not legal, and states Counsel, Judicial Proceedings Committee right now are [asking], ‘Is it Women Making a Difference legal?’” Four outstanding women making their mark in Your article raises an extraordinarily Max Behlke on efforts to their legislatures and communities are being complex issue. Several thousand dangerous tax fantasy sports sites, in the State Net recognized by NCSL’s Women’s Legislative counterfeit air bags enter the commerce stream Capitol Journal. Network. Clockwise from upper left, Illinois each year filled with random debris or even Senator Sue Rezin, Georgia Representative with nothing at all. Testing by Honda and “This trend has continued Valencia Stovall, Ohio Senator Sandra Williams NHTSA show that these air bags, when used to pick up steam.” and Pennsylvania Representative Marcy Toepel to replace an original air bag during a repair, Wendy Underhill on are the inaugural recipients of the network’s provide little to no protection to passengers. allowing voters to register Women in Politics Making a Difference Federal law enforcement agencies have limited online, in the Associated Awards. Each season—spring, summer, fall authority to combat this problem, which leaves Press. and winter—the awards will recognize four the responsibility of protecting motorists to outstanding female legislators. For information, the states. Many states have laws prohibiting “It is one of the most go to ncsl.org/magazine. the installation of “fake” air bags, but not comprehensive legislative their sale. Currently, only 13 states prohibit efforts to date.” the manufacture, importation or sale of these Karmen Hanson on new products. regulations for e-cigarettes Honda strongly supports state efforts to and vapor products in Washington, in close this dangerous loophole, and encourages The Olympian. policymakers to visit our website at www.air- bagaware.com. “COLAs are expensive Ed Cohen benefits and will continue Vice President, Government and Industry to be examined by Relations, Honda North America Inc. legislatures as they reform pension plans.” Via Twitter: Luke Martel on efforts to reduce cost-of- living adjustments in public pensions, in Pensions & Investments. “There's a good amount of Expert Testimony evidence [that restorative NCSL staffers Amber Widgery (center), and (on practices work]." screen from left) Karmen Hanson and Meghan Joellen Kralik on McCann testify before the Connecticut alternatives to suspending Commission on Children. They gave an or expelling students for misbehaviors, in overview of policy innovations addressing the The Detroit Free Press. alarming increase in heroin and prescription opioid abuse. —Senator Erin Oban, North Dakota JULY/AUGUST 2016 4 STATE LEGISLATURES SHORT TAKES ADVOCACY Fighting Federal Pre-emption According to Merriam-Webster, “pre-emption” is defined as “a doctrine in law according to which federal law supersedes state law when federal law is in conflict with a state law.” But there is another meaning—“a policy of launching a pre- emptive attack in order to prevent a suspected Although there was widespread support for the imminent attack.” Over the last six months, NCSL’s proposal, it failed because it was part of a larger Washington, D.C., office has fought against amendment package. Earlier this year, the House several efforts to pre-empt state action. What’s Transportation and Infrastructure Committee Searching for Solutions the current state of engagement? We may lose a passed a six-year reauthorization that does not battle or two, but we aim to win the war. include the pre-emptive language. While the Mississippi Senator Sampson Jackson most recent extension expired July 15, Congress (front left) and Florida Representative Cary is expected to punt any final action on the FAA Pigman (right) listen to a presentation Medical Malpractice Earlier this year, the House Judiciary Committee reauthorization until after the November elections. on how to address the growing abuse of pulled a bill that would have pre-empted long- prescription painkillers, at an NCSL meeting standing state laws that address liability caps Chemical Security Regulation in New Orleans.
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