LEGISLATIVE STAFF: WHY I LOVE THE LEGISLATURE PAGE 30

July/August 2017

Federalism’s Future Redistricting Cases POLARIZATION Budget Blues Civility Tips State Slogans 75% of heroin users first abuse prescription opioids.

Ask a physicalDEPARTMENTS therapist about safer ways to manage pain. A National JULY/AUGUST 2017 VOL. 43 NO. 7 | CONTENTS 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 Contributing Editor FEATURES DEPARTMENTS Jane Carroll Andrade

Summer Intern Olivia Berlin THE STATE OF FEDERALISM TODAY Pages 10-15 SHORT TAKES ON NCSL NEWS PAGE 4

Online Magazine The state-federal relationship enters uncertain times, with a Connections, support, expertise and ideas from NCSL. Ed Smith Mark Wolf perspective from NCSL Executive Director William T. Pound and a conversation with Wisconsin Assembly Speaker Robin Vos and Advertising Sales TRENDS PAGE 6 Manager North Carolina Senate Minority Leader Dan Blue. The latest on ranked-choice voting, suicide prevention, women in LeAnn Hoff (303) 364-7700 leadership, body art and powdered alcohol. [email protected]

Contributors Max Behlke NEWSMAKERS PAGE 16 Neal Osten Molly Ramsdell A look at who’s making news under the domes. Katie Ziegler Art Director STATELINE PAGE 18 Bruce Holdeman Legislative news in brief—from a “brew-haha” NCSL President Senator Daniel T. Blue over cold beer in Indiana to the increase in North Carolina uncontested legislative races nationwide. NCSL Staff Chair Raúl E. Burciaga Director, Legislative Council Service WHAT STAFF KNOW PAGE 36 New Mexico 5 Things Legislative Communicators Want You to Know

Denver Office ©2017 BRUCE HOLDEMAN 7700 East First Place Denver, Colorado POLARIZED, NOT PARALYZED Page 20 YES, NO, MAYBE SO | ETHICS IN THE WORLD OF STATE 80230 (303) 364-7700 By Karl Kurtz GOVERNMENT PAGE 43

Washington, D.C., Why states can get things done when Congress can’t. What are state legislatures doing to restore trust in government? Office 444 N. Capitol St. N.W., Suite 515 Washington, D.C. POWER OF PLACE Page 24 STATESTATS PAGE 44 20001 By Karl Kurtz There’s Gold in Them Slogans (202) 624-5400 Does the seating arrangement of a state legislative chamber play State tourism slogans help states pay the bills. State Legislatures (ISSN 0147-0641) is a role in its effectiveness? published 10 times a year by the National THE FINAL WORD PAGE 46 Conference of State Legislatures. CIVILITY Page 27 Why should NCSL’s Legislative Summit be on ©2017, All rights reserved. Reproduction By Angela Andrews every lawmaker’s calendar? in whole or in part What will it take to rebuild the respectful tone once common in Massachusetts House Speaker Robert A. DeLeo without permission is prohibited. Requests state capitols? “I always enjoy hearing speakers from for permission to reprint may be emailed other states, learning from them and taking to Julie Lays at: julie. [email protected]. WHY I LOVE THE LEGISLATURE Page 30 their ideas back home, and in some cases Opinions expressed in this magazine By Megan McClure implementing them, to make what we’ve do not necessarily reflect NCSL policy. Legislative staffers from around the country describe what drew done here even better.” State Legislatures is indexed in the PAIS them to the statehouse. Massachusetts Senate President Stanley C. Rosenberg Bulletin and Expanded “It’s an opportunity to hear how different Academic Index. Annual subscription A TALE OF TWO RECOVERIES Page 32 regions of the country are dealing with the rates: U.S.—$49; foreign—$55; By Katie Quinn same problems you’re dealing with.” teachers—$25 (promo code SLMTEA). The states have not experienced the same slow but steady Single copy: $6.50. Periodically, NCSL growth the national economy continu es to enjoy. SL ONLINE rents mailing labels to other organizations. If Visit us on the web for more on the topics you prefer your name covered in these pages. not be included please WALKING THE LINE Page 38 send a written request. By Matt Domboski and Wendy Underhill  Go to ncsl.org/magazine Postmaster: Send A decade’s worth of redistricting cases offer lawmakers a little address changes to: State Legislatures clarity with a lot of uncertainty. magazine, 7700 East First Place, Denver, CO 80230. STATE LEGISLATURES 3 JULY/AUGUST 2017 SHORT TAKES ON NCSL NEWS SHORT TAKES STRONG VOICE IN D.C.

Leveraging Leadership Legislative leaders from across the country gathered in Washington, D.C., in June. When they weren’t discussing leadership strategies, state-federal issues, the national political landscape and trends in polling, they were learning how to create a “command climate” from the first woman to fly an F/A-18 in combat for the Marine Corps. The leaders also met with Secretary of Health and Human Services Tom Price and Secretary of the Air Force Heather Wilson.

Legislative leaders gather on the “Navy Steps” of the Eisenhower Executive Office Building. EXPERTISE NCSL’s Molly Ramsdell accompanied Wisconsin House Speaker Robin Vos to “Legislators are asking, ‘How the White House for an infrastructure do we completely rethink our briefing. education system?’” Michelle Exstrom on how state budgets and the federal Every Student Succeeds Act are contributing to potentially big shifts in state SUPPORT education policy, in Education Week. Testimony to States “There are people in the world State trends in juvenile justice and families’ who think that no one innocent roles in caring for children affected by the has ever been executed, and heroin-opioid epidemic are just two of many others who think it happens all topics NCSL staff have testified about in recent the time.” months. NCSL policy experts offer testimony to Amber Widgery on the debate legislative committees regularly, in person and over capital punishment, in the Pittsburgh through Skype and videoconferencing. Post-Gazette.

“Where does the wastewater go, and the trash? Those are novel problems you don’t have with a stand-alone restaurant.” Doug Farquhar on state efforts to regulate food trucks, in Stateline. Nevada Senator Tick Segerblom with Sarah “It’s not that women can’t get Brown, director of NCSL’s Criminal Justice elected, it’s that the number of Program, after she testified before the Nevada women running for elections NCSL’s Nina Williams-Mbengue answers Senate Judiciary Committee. The photos in hasn’t grown.” questions on kinship care trends during a the background include Segerblom’s mother, Katie Ziegler on efforts to hearing by the Center for Rural Pennsylvania at grandmother and great-grandfather—all former recruit women to run for the State Capitol. Nevada legislators. political office, in the Columbia Missourian.

JULY/AUGUST 2017 4 STATE LEGISLATURES CONNECTIONS SHORT TAKES Laboring Over Licensing NCSL, along with the Council of State Governments and the National Governors Association Center for Best Practices, kicked off the “Occupational Licensing: Assessing State Policy and Practice,” project funded by the Department of Labor’s Employment and Training Administration. The meeting set the stage for the three-year effort to study occupational licensing, workforce development, regulatory boards and population groups experiencing challenges entering the workforce. Experts were on hand to advise the group and will also serve as speakers for future meetings. For details, visit ncsl.org/stateslicense.

Daryl Atkinson, a U.S. Department of Justice fellow, and Lisa Knepper, with the Institute for Justice, discuss trends and challenges in occupational licensing. Partners and experts convened in Washington, D.C., to kick off a new occupational licensing project.

Focusing on Families Raising awareness about the financial circumstances and challenges facing America’s families was the focus of the Economic Opportunities for Families meeting, held in Denver in June. Funded by the Annie E. Casey Foundation, the meeting was attended by 28 legislators, staff and others who developed state action plans designed to boost economic security.

NCSL’s Katie Ziegler, far left, takes notes while the Maryland team—from left, Senate President Chief of Staff Vicki Gruber, Delegate Darryl Barnes, Delegate Joseline Peña-Melnyk, Senator Nancy King, Delegate Luke Clippinger and Senator Katherine Klausmeier— develops a plan to address affordable child IDEAS care, remedial Thought-Provoking Podcast education and NCSL’s new podcast, “Our apprenticeship American States,” offers compelling programs. conversations that tell the story of America’s state legislatures, the Health at Work people in them, the politics that Scope of practice was one of nearly a dozen health workforce issues covered during compel them and the important work NCSL’s Health Seminar for Newer Legislators, in Boston. NCSL’s Health Program also of democracy. Topics discussed so provides testimony, training, reports and answers to requests about myriad health far range from health spending and topics. For more information, visit ncsl.org/research/health. election security to leadership and brain science. To listen, visit ncsl.org/podcast.

Questions and Answerers Every day, NCSL staff respond to information requests from state legislators, legislative staff and the media about policies being discussed in statehouses across the country. This year, our transportation team received its first media request about state regulation of flying cars. The answer: States aren’t regulating them … yet. At the other end of the spectrum, the transportation staff still answer questions about horse-drawn carriages. From left, Tennessee Senator Richard Briggs and Ohio Representative Theresa All in a day’s work. Gavarone talk with NCSL’s Sydne Enlund.

STATE LEGISLATURES 5 JULY/AUGUST 2017 TRENDS Ranked-Choice Voting: Now You Don’t Have to Choose Just One

ith the passage of a citizen Supporters say ranked-choice voting “This means the ballots of initiative last fall, Maine ensures that winning candidates have a became the first state broad base of support—a majority. In the loser(s) will determine Wto approve the use of the winner-take-all system (how most the winner. Some voters, ranked-choice voting for state elections. elections are held), races with three or Then, in May, it became the first state four candidates can result in a winner the voters of the loser(s), to have ranked-choice voting ruled receiving well under 50 percent of the would get to vote more unconstitutional. Although the state votes. Ranked-choice voting, they say, Supreme Court issued a nonbinding also prevents an independent or minor- than once.” advisory opinion, it still casts serious party candidate from playing spoiler to a doubt on the measure’s future. major-party candidate. In Maine, the governor has been elected “With ranked-choice voting, you have says some voters will essentially get to vote with less than 50 percent of the vote in the freedom to vote for the candidate you twice under this system nine of the last 11 elections. In five of like best, without worrying that you will because ballots cast by them, the governor won with less than 40 help to elect the candidate you like least,” supporters of a losing percent. Some prefer ranked-choice voting Maine Representative Andrew McLean candidate will be pulled to the current winner-take-all system (D) says. “Ranked-choice voting rewards and retabulated. As she because the winner will have a majority of consensus candidates and ensures that sees it, “the ballots of the the vote—at least 50 percent plus one. candidates who are opposed by a majority loser(s) will determine Representative Instead of choosing just one candidate of voters can never win. This better voting the winner,” she wrote Heather Sirocki Maine from a list, voters rank all candidates for a system gives more voice and more choice in an op-ed opposing the given office according to their preference, to voters.” state’s measure. from first choice to last. Ranking the Ranked-choice voting also gives Other concerns include technology candidates is the easy part; counting the military and overseas voters a say in (ranked-choice voting is challenging votes is more complicated. runoff elections for primaries, which, with current voting equipment) and cost Here’s how it works. (the Maine Secretary of State’s office 1. Each voter’s No. 1 preference is estimated it would need $761,000 in counted. “This better 2017-18 and $641,000 in 2018-19 to print 2. If no candidate receives at least 50 voting system additional ballot pages and update voting percent of the vote, the one with the least equipment). votes is eliminated and the ballots are gives more voice Uncertainties aside, interest in ranked- re-counted. and more choice choice voting has spiked. Lawmakers in 3. If a voter’s No. 1 choice was the Representative 14 states have introduced 25 bills on the Andrew McLean to voters.” eliminated candidate, the voter’s second Maine topic so far this year, though nothing has choice receives his or her vote. passed yet. 4. The process is repeated until one because of deadlines, they normally can’t —Wendy Underhill candidate tops 50 percent. vote in. Five states—Arkansas, Alabama, Louisiana, Mississippi and South Carolina—use a ranked-choice system,

RANK CANDIDATES IN ORDER OF PREFERENCE. aka instant runoff voting, for military and FILL IN ONE CIRCLE PER CANDIDATE AND ONE overseas voters to ensure their votes CIRCLE PER CHOICE. 1ST CHOICE 2ND CHOICE 3RD CHOICE count in the event of a runoff. CANDIDATE A Critics, however, question whether ranked-choice voting is fair. What CANDIDATE B happens, for example, if a voter decides to choose only one candidate and doesn’t rank the others? What if candidates with CANDIDATE C fewer first-choice votes end up winning? Maine Representative Heather Sirocki (R)

JULY/AUGUST 2017 6 STATE LEGISLATURES TRENDS Where Women25% - Lead 20 - ew women are in high-level, high- and in-person campaign training programs Congress or governors’ offices. Women paying private-sector leadership in recent months actually take the next hold 19 percent of congressional seats and positions in this country. Just 5.4 step and declare their candidacy,15 - it may only 8 percent of governorships, while Fpercent of all Fortune 500 CEOs, make a big difference in our representative they make up an average of 24.8 percent of for example, are women, according to the democracy. Research has shown10 - that when state legislatures. Despite climbing steadily Pew Research Center. In the public sector, women run, women win; the reason there during the 1970s, ’80s andGovernors early ’90s, female the percentage is a little higher, but not by aren’t more women in office is not due to representation in legislaturesU.S. Senate has stalled 5 - much. female candidates losing, but rather to a since 2010. Still, of all theU.S. electedHouse and other Following last year’s elections, more lack of female candidates running in the leadership positions in Statethe country, Legislatures the only women are showing interest in running first place. spot more likely than state legislator to be 0 ------for elected office. If the thousands of On average, there is a higher1975 proportion held by a woman is college president.2017 women who have participated in online of women in state legislatures than in —Magazine staff

25% - 25% -

20 - 20 -

15 - 15 -

10 - 10 - U.S. Cabinet Governors Fortune 500 CEOs U.S. Senate Fortune 500 Board Members 5 - 5 - U.S. House College Presidents State Legislatures ------0 - 0 ------1975 2017 1995 2017

25% - Body Art: More Normal Than Novel

20 - early 40 percent of people Nearly every state has some type of body hepatitis C, the leading cause of liver born after 1980 have a tattoo, art law, but they vary widely. cancer in the U.S. and 25 percent have a piercing At least 45 states have laws prohibiting Body art practitioners are some of the 15 - Nsomewhere other than the minors from getting tattoos. Thirty-eight loudest proponents of better regulation; earlobe, according to the Pew Research states have laws prohibiting both body they want their professions to be taken Center.10 But - there’s moreU.S. to Cabinet the story piercing and tattooing on minors without seriously. The National Environmental now than just tattoos andFortune pierced 500 CEOs parental permission. Tattoo facilities are Health Association and the Association Fortune 500 Board Members navels. 5The - broader “body art” category unregulated in several states, including of Food and Drug Officials, along with also includes branding, scarificationCollege Presidents Idaho, Nevada, New Hampshire, state and local health workers, are (scratching, etching or cutting to produce New Jersey, Pennsylvania, Utah and updating the national Body Art Model

0 - - - - a design in the skin) and - subdermal - - - Wyoming. - - Code that was written in the 1990s. implants1995 (placing objects under the skin Health officials2017 worry about the safety The code is meant to be a guide to best for ornamentation). of unregulated body art studios, whose practices that states and localities can The growing popularity of body art practices potentially could cause scarring, adapt to their specific needs. has lawmakers working hard to keep up. nerve damage and infections, including —Magazine staff

STATE LEGISLATURES 7 JULY/AUGUST 2017 TRENDS Slowing the Surge of Suicides

bout every 12 minutes, someone App Saves Lives in the U.S. dies by suicide. It’s the 10th leading cause of death For those in crisis, help can be just a text or phone call away. Utah’s SafeUT Crisis Text and Tip Line is a smartphone app showing early success. After nationally and accounted for A two years, the state’s child suicide rate has dropped 24 percent. The free app, which resulted 44,193 deaths in 2015, according to the from legislation sponsored by Senator Daniel Thatcher (R) and Representative Steve Eliason Centers for Disease Control and Prevention. (R), connects students in crisis anonymously to a licensed clinical social worker who can And although many public health problems coordinate an in-person evaluation or additional emergency services. improved between 2000 and 2015, suicide The app is currently being promoted in every Utah school district, at a cost of between rates climbed by 28 percent, with even 65 cents and $1 per student. “We have found that most teens who consider suicide do so in higher increases among some groups. The reaction to a short-term problem,” Thatcher says. “The faster we can connect someone to a help line, the less likely they are to attempt suicide.” He urges others to learn from Utah’s rate among veterans and other military experience with the app, and adapt it to fit their state. “We’ve done the legwork, so we hope personnel, for example, almost doubled other states take our model and run with it.” between 2003 and 2008. The two lawmakers now want to consolidate local mental health crisis lines into a single CDC research shows that groups with line so that “a plea for help will never go unanswered,” Eliason says. disproportionately high suicide rates include At the federal level, Utah’s U.S. Senator Orrin Hatch (R) has partnered with Indiana’s U.S. middle-aged adults; American Indian, Alaska Senator Joe Donnelly (D) to introduce the National Suicide Hotline Improvement Act of 2017. Native and white populations; lesbian, gay It would create a nationwide mental health hotline using an N11 dialing code like 9-1-1. —Karmen Hanson and bisexual youth; those living in rural areas; and workers in some occupations, THATCHER ELIASON including farming, fishing and forestry. In addition, for every one adult suicide in 2015, 11 people were treated in emergency rooms for intentionally hurting themselves, 32 people attempted suicide and more than 221 people seriously considered suicide, according to the CDC and the Substance Abuse and Mental Health Services Administration. factors, can help prevent suicide. A new called “gatekeeper training,” it helps coaches, Suicide takes a financial toll on families resource from the CDC provides a range clergy, educators, health care providers and and states. In 2014, lifetime per capita costs of strategies based on the best available others to recognize suicide risk factors and from medical care and lost productivity due evidence to help states and communities help those affected receive the support services to suicide ranged from about $107 million prevent suicide and suicide attempts. they need. Illinois, for example, requires in New Jersey to $338 million in Alaska, the Nationally, fewer than half of the training for teachers, guidance counselors and CDC reports. The estimated national cost American adults who reported having others who work with teenage students. of deaths from suicide totaled $56.8 billion. serious thoughts of suicide received any More comprehensive approaches Lawmakers in at least 32 states and mental health care in 2015, even though address factors in the broader community the District of Columbia have introduced research shows it can help, the CDC and surrounding environment that can legislation this year to establish suicide reports. State mental health parity laws, play a role in suicide rates. These policies prevention hotlines, prevent suicide in which require insurance policies to provide encourage the safe storage of medications schools and colleges, and develop or fund mental health coverage equivalent to that and firearms, restrict access to bridges, suicide prevention programs. Indiana provided for other health conditions, were railway tracks and other suicide “hotspots,” lawmakers, for example, enacted legislation associated with an estimated 5 percent promote financial security or ensure stable, to develop a statewide suicide prevention decline in suicide rates, according to a recent affordable housing. program, and the Arkansas General study in the journal Health Economics. Suicide rates vary by state, as do the Assembly enacted a bill requiring colleges Other policies that may improve access to range of strategies being used. But any to provide students with information services include bolstering recruitment and rate above zero is too high when it comes on suicide warning signs and available retention of mental health care providers to suicide, ensuring this issue will remain prevention services. and extending the reach of existing a public health priority for lawmakers for Research shows that many of these providers through telehealth services. quite some time. —Emily Heller strategies, as well as identifying at-risk Some states require teachers and other individuals, ensuring access to services and school employees to complete suicide For more information on SafeUT, go to ncsl. addressing environmental and economic awareness and prevention training. Often org/magazine.

JULY/AUGUST 2017 8 STATE LEGISLATURES Powdered Alcohol: Ban It or Regulate It?

ompanies continue working have taken a different approach by to bring powdered alcohol including powdered alcohol in their products to market—even statutory definitions of alcohol, so that the Cthough a majority of states have products can be regulated similarly. banned them. Concerns about powdered alcohol Powdered drink mixes to which con- center on its potential to fall into the hands sumers add their own liquor to create adult of minors or to be misused—snorted, beverages are still legal; however, compa- inhaled or mixed with other alcoholic nies that make them are looking to expand beverages. into actual powdered alcohol products that Lipsmark argues on its website require only the addition of water. that banning powdered alcohol denies The U.S. Alcohol and Tobacco Tax and responsible adults and businesses a chance Trade Bureau approved labels in May for to use a legal, safe and revolutionary Lieutenant Blender’s Cocktails in a Bag. product that has applications in medicine, The Texas company is also set to begin energy, hospitality, the military and producing a margarita mix, called Cheat- manufacturing. The company claims a-Rita in a Bag. Lieutenant Blender’s is liquid alcohol is in fact easier to conceal following in the footsteps of Lipsmark and to abuse, whether by spiking drinks LLC, an Arizona company developing or by binge drinking. And, because “Palcohol”—freeze-dried rum, vodka and powdered alcohol causes a person to cocktail mixes, including a margarita vari- become intoxicated more slowly than ety called Powderita. liquid alcohol, the company says it is less PAGE 9 This year, Oklahoma and South appealing to underage drinkers. Dakota joined the 34 other jurisdictions Instead of banning powdered alcohol, that have passed laws prohibiting the the company believes legislators should Ad sale of powdered alcohol products. regulate it to deter the creation of a black Maryland’s law is a temporary two-year market and restrict its sales to licensed ban. Minnesota’s one-year temporary ban liquor stores, where consumers must expired on June 1. present valid identification to buy it. Colorado, Delaware and New Mexico —Heather Morton

Powdered Policy

States that ban powdered alcohol States that apply existing alcohol laws to powdered alcohol

RI DC DE PR VI GU MP AS

Source: NCSL, June 2017

STATE LEGISLATURES 9 JULY/AUGUST 2017 FEDERALISM

The State of Federalism

BY BILL POUND

ederalism always has been one of the most significant features of the American constitutional system. FThe division of authority between the states and federal government is a constantly evolving system of dynamic tension. With the recent changes in our nation’s capital, the state-federal relationship is once again at the center of policy debates. The future will likely see both cooperation and conflict. That’s nothing new. In drafting the U.S. Constitution, which was ratified by state legislatures, the fram- ers anticipated states would be the princi- pal policymakers in a system that granted ernments, generally, have been fiscally state spending that has increased as a per- limited power to the federal government. healthy and active as the country’s creative centage of the total in the past 10 years is Over the course of our republic, however, laboratories and public policy innovators. Medicaid. It currently accounts for 29 per- Congress and the federal executive branch Creative environmental and energy legisla- cent of state budgets and grows every year. have often ignored state concerns and tion, novel education reform and inventive How the new administration and Congress enacted laws and rules that pre-empt state health policy all flowed from the states. will address this big-ticket item remains laws, put undue burdens on state finances, But the Great Recession, which hit to be seen. But current debate centers on or are difficult and burdensome to imple- at the end of 2007, was an enormous devolving power back to the states, giving ment. challenge to healthy federalism and the them more autonomy, flexibility and con- Before the Civil War, states generally ability of states to carry out their role as trol over Medicaid—as well as more of the dominated American federalism. But a partners in the federal system. Nearly all costs—and NCSL will continue to moni- stronger national government emerged major domestic policy programs—Med- tor the discussions. after the war and grew with the advent of icaid, family assistance, transportation As the federal deficit grows, the search the income tax, World Wars I and II, and and education—are managed by states for ways to reduce spending or establish the Great Depression. or localities. During the recession, fiscal new revenue sources will increase. Both With the modernization of state leg- shortfalls and constitutional requirements could impact state budgets. Federal tax islatures in the 1960s and ’70s, a new for balanced budgets limited states’ ability changes now under discussion could have balance in our federal system developed. to maintain these traditional funding pri- major effects on traditional state revenue The 1960s saw the creation of Medicaid, orities. sources, yet the voice of the states is often a shared state-federal program. And in At the same time, the ability of the missing from congressional debates. the ’70s, general revenue sharing provided federal government to deficit spend, par- NCSL is here to ensure that states’ unrestricted federal financial assistance to ticularly as a counter to recession, allowed interests and concerns are heard and states and localities. This experiment with it to expand its initiatives and direct state included in the national dialogue. The “no-strings” and noncategorical sharing of policy when it was very difficult for states creative tension in federalism can only be federal revenues did not have a long life, to resist. This only added to the growth maintained by avoiding overreaching fed- however. in the percentage of federal funds in state eral pre-emption and mandates. The last 40 years have been a period budgets that has been occurring over the If states are to be the laboratories of of more balanced federalism. State gov- last 50 years. democracy, they need the freedom, power Federal funds to expand Medicaid and flexibility to innovate, create and William T. Pound is executive director of the have driven increases in overall state adapt policies that best meet the needs of National Conference of State Legislatures. spending. In fact, the only category of their citizens.

JULY/AUGUST 2017 10 STATE LEGISLATURES FEDERALISM FEDERALISM

50, Not 535, Stars on American Flag

CSL is a formidable lobbying force in Washington, D.C., Nadvocating for state legislatures before Congress, the administration and the federal courts. NCSL led the fight for congressional passage of the Unfunded Mandates Reform Act of 1995 and now leads the fight to strengthen the law to make it more difficult for Congress to pass the cost and burden of federal actions on to the states. NCSL is in Washington, D.C., to keep an eye on the federal government so that legislators can focus on the issues that matter most to the citizens of the states they call home. To stop the bleeding of an estimated $26 billion in expected state revenue each year, NCSL has led the efforts by states and retail- ers to collect sales taxes on remote online transactions. The most recent focus has been on stopping the pas- sage of the federal “No Regulation Without Rep- resentation Act of 2017.” It is one of the most coercive, intrusive and pre-emptive legislative measures ever introduced in Congress— pre-empting or limiting state laws regulating every- thing from agriculture and insurance to sales taxes. NCSL speaks for the states in the following letter opposing the law, which would essentially strip states of their ability to govern.

STATE LEGISLATURES 11 JULY/AUGUST 2017 FEDERALISM Dynamic Tension: A Conversation About Federalism Wisconsin Assembly Speaker Robin Vos and North Carolina Senate Minority Leader Dan Blue share their thoughts on the state-federal relationship.

he United States isn’t the only overarching regulatory burden where people Vos: When a lot of states made the decision country to practice federalism, but who I will never meet, never understand to accept federal funding for an expansion the American version is as unique why they’re making decisions, are making of Medicaid, Wisconsin asked for a waiver T to governing as jazz is to music. decisions on behalf of the entire country. to do it differently. We decided to cover Throughout our history, with control of Federal legislators are a little bit better than every single person in the state who is at 100 Congress and the White House changing the bureaucracy. Sometimes legislators percent or below the poverty level, whether hands, the balance of power has constantly think they found the perfect answer, and they have children or not, with basically no shifted among the federal government and it might be for some places, but not for premiums, no deductibles, no cost share. the states. everywhere. We had the ability to get a waiver under the How will the current Republican- concept of federalism. controlled Congress and Trump How has federalism affected your In 2002, we had a waiver for our administration alter the state-federal state, either positively or negatively? prescription drug benefit for seniors. In relationship? State Legislatures magazine put this and other questions to Senator Dan Blue, Democratic leader in North Carolina and president of NCSL, and Assemblyman Robin Vos, Republican speaker in Wisconsin.

How do you view the tension between the federal government and state legislatures today? Blue: Tension is a healthy thing. It was designed to be that way—divided responsibilities between the states and the federal government, each basically equipped to be a check on the other, with states as active partners through this concept of federalism. Vos: The Founders were so incredibly bright in how they designed a system where there is natural tension between folks who want to have decisions made closer to home in state governments and the necessity to have decisions made on a broader basis when they impact the entire country. I fear that having D.C. make so many decisions makes us less nimble and less competitive. That’s why federalism is something we need to reinvigorate. We need to do a better job explaining why decisions made closer to the ground are better for all involved.

Where does the pressure usually come from, the president or Congress? Vos: It’s really a combination. It’s an

JULY/AUGUST 2017 12 STATE LEGISLATURES FEDERALISM FEDERALISM

many ways, it became a model for dealing How can you as leaders maintain to affordable health care insurance for with Medicare Part D, and I think our the balance of power between all citizens. We’re concerned about a Badger Care reform will become a model Washington and the states, reformulation of the way Medicaid funds for the rest of the country. particularly on health care, tax are spent and given to the states without That’s what I want more of. If California reform and infrastructure—all of an acknowledgment that state legislatures decides to do socialized medicine, and which would affect state policies should play an essential role in making Wisconsin wants to do something and budgets? these things happen. dramatically different, I’d love for the Blue: I’d like to see joint efforts and Vos: About six years ago, I made the decision country to watch us both and see which discussions on infrastructure between to get more involved in NCSL. I’m so busy does better so we have a chance to adopt congressional leadership, the White House in Wisconsin that I try to pay attention those reforms based on real-world tactics and the states to come up with a unified plan to what’s happening in Washington, but I as opposed to having Washington dictate it to have joint funding, but not mandated have to rely on others to make sure that the with no way to judge success or failure other funding. We need to be able to pick and interests of our legislature and our citizens than something that could be catastrophic choose the kinds of things that we think are are watched over. to those involved. important to us as states and pursue those For me it was the first easy decision— Blue: For the most part I’m a strong with the federal government’s participation, to be more involved in NCSL and to believer that federalism has worked quite keeping in mind that there are national goals really trust that they are doing a good well for the nation. We don’t like it when the federal government may be aiming at. job representing our interests. And the the federal government ties all kinds of We want to be actively involved more I got involved, the more I have seen conditions to some of the funding choices in conversations on the kinds of tax evidence that they are making sure states that they make or hand down to the states, reforms that help us be more competitive are heard, they’re making sure we have and we don’t like it when they hand down internationally, create new industries and an opportunity to have that direct voice mandates and don’t give the resources to new jobs, and put many of our people into at the United States Capitol, and that our help support those mandates. And we let new skills and back to work. national legislators know it’s important to that be known and resist it appropriately There is a sense across the land that consider the impacts on states, not just on when we need to. there has to be a real national commitment their own interests.

STATE LEGISLATURES 13 JULY/AUGUST 2017 FEDERALISM

When it comes to the federal feel some responsibility to help fund things everybody the same. In Florida, perhaps government, are you more that are important to us as a nation. they want to focus more on tourism. In concerned about the policy or Silicon Valley, maybe the focus is more on budget impacts on your states? Are federal mandates always bad, technology. Blue: I’m more concerned about the or does it depend on your political But the current process treats them all fiscal directives. Policies are fine. If the affiliation? exactly the same, with no ability to specialize federal government thinks that it has the Vos: Boy, it certainly shouldn’t. The one based on unique needs. If we had decisions authority to legislate in an area and they thing I’ve learned being involved with come back to the states, I think we’d have want to set what the policy is on a national NCSL is that the idea of letting states a great opportunity to create more jobs at a level, I’m fine with that. decide for themselves is one of the things lower cost, or even at the same cost but train a What concerns us at the state level more that brings Republicans and Democrats whole heck of a lot more people. And I think than anything else is to have to implement together. Conservative Republicans in you can take that same concept with health a policy that costs a tremendous amount Wisconsin want to make our own choices, care, with energy—the idea that economic of money and not be given the resources and so do liberal Democrats in California. development is more than just worker with which to execute the policy that the I hope both sides begin to realize having training. You’d have an opportunity to see federal government has decreed. States well-intentioned bureaucrats making those laboratories of democracy truly flourish were meant to be partners, not just in decisions instead of well-intentioned in the American spirit of healthy competition. implementing, but in also formulating elected officials just isn’t the right answer these policies if they’re supposed to pay for the long run. How can NCSL best assist states some of the costs associated with them. Blue: Sometimes, federal mandates are in this time of uncertainty, with Vos: They’re both intertwined so much it’s good, but they’re not perfect. Sometimes, proposals coming out of Washington hard to say. There’s an annual federal budget some are bad. When we talk about that turn the current state-federal that’s supposed to pass; it often doesn’t. So, federalism, we ought to keep in mind that relationship upside down? we have to use an educated guess to develop there are distinct things that the federal Blue: NCSL will continue as it has for our budgets. If dramatic things happen government does and distinct things almost 50 years to make sure we reach out in that budget process, it really has the that state governments do, but a good and get legislators involved, make sure potential to screw up where Wisconsin has number of things that cross both levels that we’re constantly communicating with planned to go based on our best guess. of government. The system was designed them, understanding what their needs are On the policy side, so many of the to create tension so that as we address in specific states, and how that fits into decisions they make have a fiscal effect, concerns that are common between the the needs of states generally, so we are full either on state government directly or on two of them, we come up with some participants in this system of federalism, the citizens that we both represent. So, I sensible solutions to the challenges. that our voices mean something and our look at them both somewhat equally. participation can change or significantly Speaker Vos, your state is one of affect the outcome of legislation, One attribute that distinguishes 24 that have created federalism regulations and other national policy. our country from others is that the committees. Tell us why Wisconsin Vos: I think NCSL does so many things states, like the federal government, created one and what role you right: making sure we have an opportunity can raise revenue. What is the right think it should play. for leaders and legislators to get together fiscal balance between the states Vos: My philosophy is that I want more and network; making sure we do constant and the federal government? decisions to come back to Wisconsin. training, because we have higher turnover Blue: If there are issues that don’t I presume that with a Republican in state legislatures than the federal have national implications, the federal Congress, with potential renewed efforts of government does; maintaining the government ought to let states pretty Democrats saying let’s let states make more connections between local legislators and much deal with them. of these decisions, and a president who has their members of Congress, so NCSL is I think that the federal government has implied very vociferously his support for inherently a strong advocate. a responsibility to help fund education, federalism, that this is a great opportunity Several leaders from around the for example. But I don’t think there ought for us to see how far we can go. country wanted this idea of federalism to be a multitude of specific mandates In Wisconsin, we have three large to be a stronger focus and NCSL associated with that funding if states industries: manufacturing, tourism and immediately responded. It shouldn’t in fact are achieving goals the federal agriculture. I would love for us to be able be partisan—it should be bipartisan. government set forth. It’s that kind of to target the worker-training resources in Hopefully this is another area where we fiscal federalism that makes sense to me. the career fields that are most necessary, can collaborate to return power back to By the same token, the states ought to not just have a federal program that treats our state capitols.

JULY/AUGUST 2017 14 STATE LEGISLATURES State-Federal Relations NCSL Works for You Committees Grow

Every legislative chamber has finance, education, health and In one year... criminal justice committees. Now, at least 36 legislative chambers in 24 states have also established “federalism” committees or have added state-federal relations to the responsibilities of other existing committees. The NCSL Washington, D.C. office has hosted several members of these committees in our nation’s capital, briefed them on the status of some of the most important state-federal issues and arranged meetings for them with members of Congress and the administration.

NCSL will convene legislative leaders and the chairs of these committees during the Legislative Summit in Boston. The meeting will offer an opportunity to discuss federalism and what can be done to maintain an appropriate state-federal balance. We will also begin preparations for a convocation of federalism committees in D.C., early next year. Committees have been identified in the following chambers.

Arizona House Missouri House Arkansas House and Senate Montana House Connecticut House and New Hampshire House Senate New Jersey Assembly Florida House New York Assembly Georgia House Ohio House Hawaii Senate South Carolina House and Iowa House and Senate Senate Kansas House and Senate Texas House Louisiana House and Senate Utah House and Senate Maryland House and Senate Vermont House and Senate Massachusetts House and West Virginia House and Senate Senate Mississippi Senate Wisconsin House and Senate

STATE LEGISLATURES 15 JULY/AUGUST 2017 NEWSMAKERS ILLINOIS SENATE REPUBLICAN LEADER CHRISTINE RADOGNO RESIGNED FROM THE LEGISLATURE July 1 with “a sense of sadness and disappointment.” The General Assembly’s first female leader, Radogno served for 20 years. She said she believed it was time for a new GOP “Respect to me does not leader after negotiations to end the state’s record $6 billion budget stalemate failed. She and Democratic Senate President John Cullerton had mean blind agreement.” tried to solve the crisis with a “grand bargain,” which the governor said did Kansas Senate Vice President Jeff Longbine (R) on not go far enough. voting with his fellow Republicans to override the RADOGNO governor’s veto of legislation to roll back his tax cuts, in the Kansas City Star. LONGBINE

LARA “It’s time that Californians have a better voice in who is leading our country.”

California Senator Ricardo Lara (D) on his proposal to hold presidential primaries three months earlier than the current June date, from The Associated Press.

HAWAII HOUSE SPEAKER JOSEPH SOUKI (D) RESIGNED HIS POST on the closing day of the session, citing “disappointments” in the session and acknowledging he did not have the votes to remain speaker. Souki has served in the House for 15 years and was elected speaker in 1993, serving until 1999, and again in 2013. The House elected Representative Scott Saiki (D) to replace Souki. First elected in 1996, Saiki became majority leader in 2013.

“We really need to be careful SOUKI SAIKI about how we’re spending our limited resources, and I want to be sure we get that return on investment.” LUNDSTROM New Mexico Representative Patricia Lundstrom (D) on her goals as the first woman to chair the state’s Legislative Finance Committee, in the Santa Fe New Mexican. HANCOCK

REPRESENTATIVE STEVE KOUPLEN (D) WAS KOUPLEN ELECTED TO BE OKLAHOMA’S NEXT MINORITY LEADER by the House Democratic Caucus. He will succeed Representative Scott Inman, whose term ends in 2018 due to term limits. Kouplen currently chairs the 26-member caucus. Inman is the state’s “We vote for people, not parties.” INMAN longest serving Democratic leader, a post he’s held for eight years, and is running for governor in 2018. Texas Senator Kelly Hancock (R), author of a bill to ban straight-ticket voting, in the Houston Press.

JULY/AUGUST 2017 16 STATE LEGISLATURES NEWSMAKERS

ILLINOIS SENATE REPUBLICAN LEADER CHRISTINE RADOGNO TENNESSEE SENATE MAJORITY LEADER “Sooner or later, somebody NORRIS RESIGNED FROM THE LEGISLATURE July 1 with “a sense of sadness and MARK NORRIS (R) IS ON PRESIDENT disappointment.” The General Assembly’s first female leader, Radogno has to pay.’’ TRUMP’S SHORT LIST FOR A FEDERAL served for 20 years. She said she believed it was time for a new GOP Indiana Representative Ed Soliday (R), co-chair JUDGESHIP in West Tennessee. Elected to leader after negotiations to end the state’s record $6 billion budget of NCSL’s Partnership on Multisector Public- the Senate in 2000, Norris has been majority stalemate failed. She and Democratic Senate President John Cullerton had Private Partnerships, on his concern that states leader for 10 years. He is also rumored to be tried to solve the crisis with a “grand bargain,” which the governor said did will be left footing the bill under any federal considering a run for governor. not go far enough. infrastructure plan, from Bloomberg. “If we all get along, something’s CASADA not right. The people send us up here to argue.”

Tennessee House Majority Leader Glen Casada (R) on SOLIDAY how Republicans overcame disagreements about the budget and other issues during their legislative session, in the Nashville Post.

MARYLAND SPEAKER MICHAEL BUSCH (D) UNDERWENT A SUCCESSFUL LIVER BUSCH TRANSPLANT in June to address nonalcoholic steatohepatitis, a progressive liver disease. His sister was the donor. Busch, Maryland’s longest serving speaker, filed to run for a fifth term before his surgery.

GEORGIA SENATE PRESIDENT PRO TEM DAVID SHAFER (R) IS MAKING A BID TO REPLACE CASEY CAGLE (R) DUNCAN as lieutenant governor. Cagle is running for governor. In SHAFER Georgia, the lieutenant governor is elected on a separate ticket from the governor and presides over the Senate as president. Cagle is the first Republican to win the post since it was created in the state constitution in 1945. Representative Geoff Duncan (R) also is running. CAGLE

RAMOS

“At a time when the island needs as ABRAMS much credibility as it can get, you have a governor going to Washington and saying that 97 percent of the people voted for statehood, when that is simply not true.”

Puerto Rico Representative Luis Vega Ramos (PPD) on the commonwealth’s HILL GEORGIA HOUSE DEMOCRATIC LEADER STACEY ABRAMS recent and controversial status referendum vote, in which nearly 80 percent (D) HAS RESIGNED HER POST to pursue her bid for governor. A of voters chose not to participate, from NBC News. graduate of Yale Law School, Abrams is the first woman to lead either caucus in the Georgia General Assembly and the first African- American female leader in the House of Representatives.

STATE LEGISLATURES 17 JULY/AUGUST 2017 STATELINE AP CRITS 1 Star of Stage and Senate Music and politics can go hand in hand. When Florida Senator Jeff Clemens (D) isn’t working on legislative issues in Tallahassee, he’s playing drums in a nationally touring U2 tribute band called U2 by UV. He and his bandmates work out note-for-note re-creations 2 of the famous Irish rock band’s biggest hits. “Obviously, my responsibility to my Consistent College Credits for All constituents is king,” he told SouthFlorida.com. But for 12 years as part of U2 by Students in Washington who lobbied the Legislature about UV, the appeal of the spotlight has been hard to resist. “It’s a hoot to pretend you’re the way colleges award Advanced Placement credits got someone else for a couple of hours.” a treat in May. They were invited to witness the signing ceremony of a new law requiring the state’s public colleges and universities to come up with consistent standards when awarding college credits for AP exam scores of 3 or higher. The law, which went into effect this 3 summer, means institutions no longer can use their own Saving Time and Money? standards for awarding credit. Some had required higher If a petition drive and potential 2018 ballot proposal scores than others. Washington is the 23rd state to adopt succeed, Michigan lawmakers could start meeting part- a uniform AP credit standard. time with less pay. The “Clean Michigan Government” proposal would amend the state constitution to limit the Legislature’s sessions to 90 consecutive days and cut legislator pay to match that of teachers, The Detroit News reports. Supporters, including House Speaker Tom Leonard (R), say the idea will save money and allow a greater variety of people to run for office because they won’t have to give up their careers. Critics say legislators will have less time to work with constituents, giving more power to the executive branch. Nine other states have some form of a full- time legislature. 4 Brew-haha Over Cold Beer Only certain retailers are allowed to sell cold beer in Indiana—and the state’s liquor store industry wants to keep it that way, the South Bend Tribune reports. When a convenience store owner found a loophole and began selling chilled suds, instead of the usual lukewarm stuff, he set off a battle that lawmakers settled by passing a measure 5 to stop his sales, well, cold. The Toward Gender Parity in USVI resulting “populist uproar,” as the At the federal level, the U.S. Virgin Islands represent paper put it, led leaders to form a women better than many states, The Virgin Islands commission to study an overhaul Consortium, a news website, reports. The current delegate of the state’s alcohol laws, many of to the U.S. House is a woman, Stacey Plaskett (D), and her which date to Prohibition. Maryland predecessor, also a woman, served from 1997 to 2015. At and Massachusetts also formed review home, however, it’s a different story. The islands have yet commissions this year, and Iowa and to elect a female governor, and women hold only three of New Hampshire launched similar studies the 15 legislative seats—or 20 percent, which, to be fair, in 2016. puts them in line with 18 states and Puerto Rico. U.S.V.I. Senator Janette Millin Young (D), for one, wants to get more women involved in island government and business. Women Striving for Success, the group she launched in 2012, provides networking and support to women and holds its third annual conference this month.

JULY/AUGUST 2017 18 STATE LEGISLATURES STATELINE STATELINE

6 States Act on Climate Change Just hours after President Trump’s June 1 declaration that the United States would withdraw from the Paris climate accord, the governors of California, New York and Washington announced the formation of the United States Climate Alliance to uphold the objectives of 7 the 2015 climate agreement. Within days, at least 10 more governors and numerous U.S. cities Midwest Is Tops for Teachers signed on to the alliance, and Hawaii lawmakers became the first to enact legislation aligning Teachers considering a move before the school their state with the accord. Later in the month, more than 550 state legislators from 45 states year begins might want to investigate Bentonville, issued a joint statement declaring they would work to maintain U.S. leadership on fighting Arkansas. Located about 215 miles northwest of climate change and to meet or exceed the goals of the Paris Agreement. Little Rock, the city of 42,000 was ranked by data analysis website GoodCall as the nation’s best for K-12 teachers in 2017. Nearly 700 cities were ranked by job availability, salary and cost of living, 8 among other factors. Bentonville earned the top You Leave Me No Choice spot because teachers’ pay is 68 percent above Voters “essentially had no choice” in 42 percent of elections for state representatives the city’s median overall salary, and cost of living is last fall, The Associated Press reports. Candidates in those races faced no major-party about 10 percent below the national average. Here opposition, a result, say the political scientists cited by the AP, of the way districts have are GoodCall’s top 10 cities for K-12 teachers; half been drawn—gerrymandered, some would say—to protect majority-party seats. In last are in Illinois—which just ended the longest budget year’s race for 4,700 open seats, 998 Democrats and 963 Republicans won with no impasse in modern history. major-party opponent. Despite a slight drop in the rate of uncontested races from 2014 to 1. Bentonville, Arkansas 2016, the AP says the trend is going the other way, with the percentage of people living in 2. Glenview, Illinois districts with limited electoral choices generally rising over the last several decades. 3. Evanston, Illinois 4. Elmhurst, Illinois 5. Troy, Michigan 6. Southfield, Michigan 7. State College, Pennsylvania 8. Burlington, Vermont 9Parade of ‘Prepper’ Homes 9. Plainfield, Illinois Disturbed by thoughts of doomsday? Alien arrivals? Imminent 10. Crystal Lake, Illinois apocalypse? Igloo, South Dakota, might be just the place for 10 you. The remote area in the southwest corner of the state Long Title to Read? Just Breathe is dotted with hundreds of sod-covered Not all legislative chambers have reading clerks. They are the concrete bunkers once used by people who read aloud—often at a tongue-tangling pace— the U.S. Army to store bombs the full long titles of bills after they are introduced and and other ordnance. Thanks to before they are assigned to committees. a California entrepreneur, some Colorado’s clerks—who can rattle off bill of the bunkers are available titles as quickly as a drug-ad narrator listing for conversion “into shelters pharmaceutical side effects—recently for protection against tyranny, spoke to Colorado Public Radio about anarchy, nuclear war, the end times their jobs. “First and foremost,” Andrew or any other calamity that might befall Carpenter, the Senate clerk, advised civilization,” the Rapid City Journal anyone reading a lengthy passage aloud, reports. Part-time leases “remember to breathe.” House Clerk run $25,000 upfront, plus Connor Randall added that they are about $1,100 in annual also responsible for timing lawmakers fees for security and other when they speak, “making sure they services. don’t go over time.”

STATE LEGISLATURES 19 JULY/AUGUST 2017 LEGISLATURES Polarized, Not Paralyzed

Why states can get any Americans’ image of the leg- site is happening. Veteran lawmakers say islative process is based on Con- close majorities often elicit more cooperation things done when gress, which for nearly a decade and collaboration. Former Colorado Speaker Congress can’t. Mhas had difficulty passing laws Dickey Lee Hullinghorst (D) has observed that regardless of which party is in control or who when margins are narrow in Colorado’s legis- sits in the Oval Office. Negotiation and com- lative chambers, “members must be more mod- promise between the parties have largely disap- erate.” peared in Washington, D.C. The same holds true in other states where The public, the news media and others control of the legislature switches often. When BY KARL KURTZ blame political polarization for much of the majorities are slim and caucuses aren’t totally obstruction and gridlock. But is polarization united, leaders have to reach out to the other the only culprit? After all, it’s possible to nego- party to find enough support. tiate policy agreements despite being ideologi- cally divided. Just look at state legislatures. Rules to Live By Lawmakers and governors operate in state Unlike Congress, state legislatures have sev- capitals in the same polarized world. Yet most eral constitutional and procedural rules that still manage to negotiate their differences, help them get things done. reach settlements on significant issues and Fixed adjournment dates in 42 states force enact public policy. timely action and prevent procrastination. The closeness of the two parties and shifting Part-time citizen legislatures limit the length control of the executive and legislative branches of their sessions. Lawmakers go to the capital influences partisan conflict, but exactly how is for a short time to do the public’s business, a matter of disagreement. In her recent book then return to live and work in their commu- “Insecure Majorities: Congress and the Perpet- nities, where relationships and connections ual Campaign,” political scientist Frances Lee transcend politics. argues that at the national level, highly com- Deadlines are powerful motivators as well. Karl Kurtz retired from NCSL in 2014 petitive political parties and frequent changes From bill introductions to conference commit- after 42 years of service to state legislatures. in control of the White House and Congress tee action, and every step along the way, dead- As a consultant, he has been the principal investigator of NCSL’s Polarization, are what drive partisan conflict, impede coop- lines keep the process flowing in three-quarters Partisanship and Policymaking in State eration and lead to stalemate. of state chambers. Legislatures project. But at the state level, many say the oppo- Balanced-budget requirements aid in reach-

JULY/AUGUST 2017 20 STATE LEGISLATURES LEGISLATURES

Terms Defined In Congress, polarization, gridlock and incivility are deeply intertwined. But they don’t have to be. It’s possible to be ideologically polarized yet still negotiate agreements on policy, just as it’s possible to be polarized yet respectful and civil. Similarly, effective policymaking can occur under conditions of either civility or incivility. So, it’s important to differentiate the concepts.

Polarization describes political parties that are unified internally but are ideologically distant from opposing parties.

Policymaking is the process of reaching settlements or agreements, often temporary ones, between competing interests through negotiation and compromise.

Gridlock is the converse of policymaking, which is the inability of legislators and executives to reach agreements or pass laws. in some instances this is what one party prefers.

Civility refers to norms of courtesy, politeness, comity and respect. And while many believe civility facilitates better policymaking, incivility does not necessarily prevent good policymaking. Public name-calling and blame games can mask successful behind-the-scenes negotiations and conflict ing agreement on the most important measure of any legislative ses- resolution. sion—the budget. Trying to balance the budget often brings oppos- ing sides together, and in some states it sets the tone for other issues. with Assembly Minority Leader Peter Barca (D) requiring top Maintaining a high state bond rating is a “compelling force that party leaders to meet privately every day before the session began transcends party,” one Virginia staffer says, adding that it provides to agree on time limits for debate. The agreement worked well and the “come to Jesus” moment at the end of budget negotiations. is still in effect. The Assembly works on a tighter schedule, sessions Single-subject rules that require bills to focus on only one issue end earlier and members get to go home at a reasonable hour. This can also help streamline the process. And rules requiring amend- small step has reduced tensions with the minority and smoothed ments to be relevant help to prevent diversionary tactics. In Col- legislative operations—even though the Republicans didn’t need orado, for example, there is bipartisan pride in the single-subject any Democratic votes to get things done. rule, and members police one another on it. In Washington state, during a period when the House was tied Committee hearings are required for all bills in 22 of the 99 legis- in the early 2000s, lawmakers adopted a formal “no-surprise” rule lative chambers. Hearings keep the process moving and offer some that required leaders to be open with members of both parties fairness to members of the minority party. Hearings also assure about any plans to impose a new rule. Members regard the no-sur- constituents that their concerns are being heard. prise rule as so successful they’ve left it in place, even without hav- ing the incentive of a tied House. It assures minority party members A Leading Factor that they will be treated fairly. Both of the state’s legislative cham- Whether from the executive or legislative branch, leaders have bers also have adopted practices to ensure they pass a substantial great influence over the success or failure of the policymaking pro- number of bills sponsored by the minority party. cess. First, they set the tone. In most states, governors are the single most powerful actors in They also use a variety of approaches to encourage civility, con- the legislative process because they set the agenda, submit a bud- sensus building and teamwork among members. “The legislative get as a starting point for deliberation and use their high media session is like a giant jigsaw puzzle,” says former longtime Min- visibility as a bully pulpit to influence public opinion. The level of nesota Senate Majority Leader Roger Moe (D). “What’s the first interactions they have with legislative leaders and the influence they thing you do with a jigsaw puzzle? You look at the picture on the have over the legislative process depend on the chief executives’ front of the box to see how it is supposed to fit together. Good personal characteristics and skills. leaders help people see how the pieces fit together.” In his book “The Best Job in Politics: Exploring How Governors Sometimes, making a small change can make a big difference. Succeed as Policy Leaders,” the late political scientist Alan Rosen- Two years after a well-publicized blowup over public employee thal describes how the desire to leave a legacy has motivated many bargaining restrictions in 2011, newly elected Wisconsin Assembly governors to get things done, which has led them to moderate their Speaker Robin Vos (R) negotiated a memorandum of agreement positions and negotiate deals.

STATE LEGISLATURES 21 JULY/AUGUST 2017 LEGISLATURES

Plotting Polarization

Political scientists Boris Shor, of the University of Houston, and Nolan McCarty, of Princeton University, use the average ideological distance between the median Democrat and Republican in each state legislature, based on roll call voting data and legislators’ responses to the National Political Awareness Test, to measure its level of political polarization. The higher the score, the greater the level of polarization. According to Representative Senator Former Speaker Senator this scale, most state legislatures are more polarized than Congress. Thomas Sands Randi Becker Dickey Lee Tod Bowman Iowa Washington Hullinghorst Iowa Colorado State eislatres and Conress rom ost olaried to east Staff and Committees Have Roles, Too California • • Colorado Nonpartisan staff often play an important role in • Washington constraining partisanship and mitigating the effects of • Arizona

Polariation • Michigan polarization. Most legislators hold them in high regard • New Mexico and credit them with keeping the institution on track. In • Texas • Wisconsin term-limited states, nonpartisan staff provide continuity • Minnesota and help new lawmakers see the big picture and understand • Montana

Legislative • New Hampshire the history of issues. • Maryland Committees do most of the substantive work of the leg- • Idaho • Ohio islature, and in a well-functioning system, committees give • Missouri Average a fair hearing to all sides, deliberate on the merits of each • Maine • Oregon proposal, allow active participation by minority-party • North Carolina members, and screen legislation for the rest of the cham- • Georgia • Virginia ber’s members. Committees are particularly effective when • Iowa • Utah leaders give them the freedom to negotiate and act. • Florida Committee chairs make key decisions, and can set the • Alaska • New York tone in the committee of either cooperation or partisanship. • Connecticut Washington Senator Randi Becker (R), chair of the • Vermont • Kansas Health Care Committee, for example, holds weekly meet- • Oklahoma ings with the ranking minority member and makes sure • Indiana • Alabama every member of the committee gets at least one bill favor- • Pennsylvania ably reported out of committee. • Tennessee • Wyoming In Iowa, Representative Thomas Sands (R), the House • United States Congress Ways and Means Committee chair, says they have a lot • Illinois • Nevada of freedom and autonomy with their committees. “I don’t • South Carolina have to ask for permission,” he says. “Our role is to funnel • North Dakota • Kentucky the bills and make the leaders responsible for negotiating • Mississippi fewer bills.” • South Dakota • New Jersey • Massachusetts Get Personal • Hawaii • Nebraska Beyond the tangible rules, structures and formal pow- • West Virginia ers that affect policymaking in polarized times, there are • Delaware • Louisiana intangible factors—personal relationships across parties, • Rhode Island political cultures, traditional norms of behavior—that can • Arkansas encourage compromise and problem solving. Many legisla- tors note a decline in legislative socializing, either because 0.5 1.0 1.5 2.0 2.5 .0 of ethics laws or general societal changes. But efforts to get to know each other rarely go unrewarded. Distance Between Party Medians Some lawmakers make it a goal to visit every member on the other side of the aisle in order to get to know them Source: Boris Shor and Nolan McCarty, “The Ideological Mapping of American more personally—their interests, hobbies and families. Legislatures,” American Politico/Science Review. Others connect through shared interests—sports, hob-

JULY/AUGUST 2017 22 STATE LEGISLATURES LEGISLATURES

Polarization and Policymaking: The Study

With political polarization now a constant in American legislative life, a team of NCSL staff and academic political scientists fanned out across the country in 2015 and ’16 to study its effect on state legislative policymaking.

Representative Speaker Former Senate Former Senator This article is based on the group’s findings. Ed Orcutt Linda Upmeyer Majority Leader Michael Gronstal Funded by the William and Flora Hewlett Foundation, researchers asked Washington Iowa Roger Moe Iowa whether state legislatures are able to compromise and reach settlements Minnesota despite increasing political polarization, and what strategies legislative bies, travel. Iowa Senator Tod Bowman (D) says a “good leaders, other lawmakers, staff and lobbyists use to overcome the negative time to talk to colleagues from across the aisle is right effects of polarization. after a friendly game of racquetball or basketball.” The researchers interviewed 250 legislators, staff and other participants Legislators need to take the time to understand all in 10 states. They found that, almost across the board, there’s not much sides of an issue, says Washington Representative Ed disagreement within the parties internally because of a lack of moderates. Orcutt (R). When legislators take the time to understand With more extreme members within their ranks, the ideological split between the parties is great. That’s the essence of polarization. each other’s views, “it is much easier for them to find Seven of the 10 states—Colorado, Iowa, Maine, Massachusetts, common ground,” he says. Minnesota, Virginia and Washington—had divided governments at “It’s not always the far left versus the far right—often- the time of the research, with at least one of the legislative chambers times there is plenty of common ground but just one or under the control of a party different from the governor’s. In the other two points upon which we differ. Understanding the con- three, one party controlled the legislative and executive branches: cerns of all sides better enables us to develop solutions Republicans in Tennessee and Wisconsin, Democrats in Connecticut. that work for everyone.” All 10 states have experienced divided government at some time It helps that in Washington, members of both parties between 2000 and 2016. still connect by having dinner together regularly. The researchers concluded that most of the legislatures in the sample Cultural norms continue to guide actions in a few had increasing levels of political polarization but could still negotiate states, but their influence is fading fast. differences and reach settlements on major policy issues—from budgets, transportation and higher education to mental health, drug addiction and The culture of the Connecticut General Assembly dic- criminal justice. In general, the more local the issue, the more likely there tates that one should never practice “calling the previous was to be effective dealmaking. Legislators in several states reported it was question,” meaning one should never shut off debate. Such more challenging to enact policy on issues that divide the parties nationally, a motion would be viewed as using the “nuclear option.” such as education standards, health care reform or environmental policy. It is a strong norm there that the minority has a right to To read the full report, “State Legislative Policymaking in an Age of extend debate, and it appears to work; the minority has Political Polarization,” go to ncsl.org and search “political polarization.” never abused its filibuster privilege there. Iowa House Speaker Linda Upmeyer (R) says her chamber is similarly respectful of the minority party’s in 2013, lawmakers still “managed to pass property tax reform, concerns, especially about the budget. “We don’t use the tool health reform—there were many grand bargains made,” former of calling the question,” she says. “Or, when we do, we con- Senate Majority Leader Michael Gronstal (D) says. “One suc- sult with the minority leader. We don’t use parliamentary sur- cess led to the next success. We all felt good about not being prises.” like D.C.” For decades, Virginians have taken pride in “the Virginia None of the ideas or practices discussed here will reduce way,” which put the needs of the state above partisanship. polarization without some level of trust among lawmakers. See- Many worry the Virginia way is fading as fewer lawmakers are ing the big picture, treating the minority party fairly, empow- willing to reach across the aisle to solve problems. It is import- ering committees to deliberate effectively, developing personal ant enough in Richmond, however, that members still talk relationships, even finding common cause in “not being like about it and believe it influences their behavior. D.C.”—all of it works best when policymakers know they can depend on one another. Not D.C. Trust is needed in the fair and consistent application of rules, Even if things sometimes get tense, the attitude expressed in relationships between leaders and governors, in carrying out by lawmakers in most state capitols is, “We’re not D.C.” The traditions like the “no-surprise” rule and more. The encourag- desire to make government work better in their states than it ing thing is that a little trust goes a long way. does in the nation’s capital has inspired many a legislator to get Making policy in polarizing times is difficult but by no means to work. When the parties split control of the Iowa Legislature impossible. Legislatures are showing us the way.

STATE LEGISLATURES 23 JULY/AUGUST 2017 LEGISLATURES Power of Place

Does the seating f you were going to build the perfect capitol, with chambers that encourage meaningful arrangement of dialogue, enlightening discussions and a state legislative Ibipartisan camaraderie, would it look like the place where you work? chamber play a role “Whether arranged in a semicircle or horse- shoe, as opposing benches or classroom style, in its effectiveness? the seats in these halls not only offer clues to a nation’s history, but also the atmosphere in which its laws are shaped,” contend Dutch architects Max Cohen de Lara and David Mulder van der Vegt. In “Parliament,” a book BY KARL KURTZ they published last year, the two examine the complex relationship between architecture and politics by comparing the legislative halls of all 193 countries in the United Nations. They found that all chambers’ seating arrangements fit one of five designs, and that despite the unique geography and type of gov- ernment associated with each, these legislative Hawaii House spaces are “part of the drama that is performed in them”—becoming what the authors describe as “actors in the shaping of our shared future.” What about state legislative chambers? The researchers didn’t include any U.S. state capi- tols in their study, so we looked for ourselves. It turns out that state chambers fall into four of the authors’ five categories—with a few modi- fications and one addition.

What Shape Are You In? The most common American chamber shape is the classic semicircle—as it is for the U.N. member parliaments—with 51 legislative chambers (27 houses of representatives and 24 senates) matching this pattern. That both chambers of the U.S. Congress were built in this style probably contributes to its predom- inance among state legislatures. Iowa’s House of Representatives, built in 1886, is a classic example, as are the Arkansas and Idaho house Karl Kurtz, retired NCSL director, is a self- chambers, finished in 1915 and 1920, respec- described legislative junkie who has visited 54 state capitols and 42 parliaments around tively. the world. He is also the principal of the one- The next most popular American form is person consulting firm LegisMatters. the classroom style. The Texas House, with

JULY/AUGUST 2017 24 STATE LEGISLATURES LEGISLATURES LEGISLATURES

Connecticut Senate

New York House

Texas House

Idaho House

STATE LEGISLATURES 25 JULY/AUGUST 2017 LEGISLATURES

Kentucky House

Georgia House

Arkansas House

egory. At first glance, the chamber appears Which Style Is Best? to be arranged in opposing benches, but a Is one configuration better than the closer look reveals that the two sides in fact others? There’s no way to know for sure. are angled toward the front desk and do not But the influence of seating arrangements face each other head-on. Both chambers in on legislative actions is interesting to con- Vermont House the Kentucky Capitol, built in 1910, are in sider. Robert Garton, former president of the chevron style, and the Arizona Senate, the Indiana Senate, and a management and its 150 desks, is set up this way, as are the built in 1960, was designed similarly, but the communications consultant outside his leg- Washington Senate, with 49 desks, and the desks are less angled toward the podium. islative job, believes that room design and Oregon Senate, with 30. Another 26 cham- Finally, no American legislature is using layout are key to effective communication. bers have classroom arrangements. Twelve a pure version of the opposing-benches He observed long ago that the design of more, including the Missouri and Indiana style predominant in Great Britain and the chamber he served in resulted in sena- senates, have a slightly curved classroom its Commonwealth states. Only the Ver- tors talking at, rather than communicating style, with some desks at an angle. mont House of Representatives, built in with, one another. The Connecticut and Massachusetts 1836, comes close. It’s either an oppos- Who sits in which seats may be even more senates are the only full-circle state cham- ing-benches style with a curve, or a horse- important than how the seats are arranged. bers among the country’s 99. (Nebraska shoe with an open neck. If it’s a horseshoe, Assigning seats based on district number or has just one chamber.) then it would be the only one in the U.S. seniority instead of party affiliation may help The only configuration found in the But because it has a table in the middle, defuse obstructive partisanship by encourag- U.S. that the Dutch researchers didn’t find which is typical of the opposing-benches ing members to interact. Once relationships elsewhere is the “chevron” style. The South style, it probably should be described as a develop, collaboration and civil exchanges Carolina Senate, built in 1907, fits this cat- modified opposing-benches style. are more likely to follow.

JULY/AUGUST 2017 26 STATE LEGISLATURES LEGISLATURES

What will it take here’s an epidemic of incivility in believe the 2016 U.S. presidential election was America. It’s everywhere. Just read uncivil, and 97 percent believe it is important to rebuild the the comments on almost any blog, for the U.S. president to behave civilly. T news story or social media post. respectful tone once Watch the commuter traffic on any weekday A Necessary Element morning. Better yet, try discussing the presi- Incivility, however, is no newcomer to the common in state dential election with a coworker or an in-law. political arena. And not everyone views it as a capitols? It’s practically impossible to avoid anony- bad thing. “A dislike of political rancor is at mous offensive language, dangerous road rage heart a dislike of democracy,” Bruce S. Thorn- or rude conversation. Incivility seems to have ton, a research fellow at the Hoover Institu- permeated all aspects of tion, writes in “Three daily life—including life Cheers for Political at the state capitol. Incivility.” BY ANGELA The Institute for “Given the wide ANDREWS Civility in Government variety of conflicting defines civility as “more interests, ideologies and than just politeness, character among the though politeness is a citizenry,” he says, “the necessary first step. It is public deliberation that about disagreeing with- lies at the heart of dem- out disrespect, seeking ocratic policymaking (and finding) common ground as a starting has always been rough, vulgar and insulting, point for dialogue about differences, listening often at a level far beyond what we today call past one’s preconceptions, and teaching oth- the ‘politics of personal destruction.’” ers to do the same. Civility is the hard work of Ronald Reagan biographer Craig Shir- staying present even with those with whom we ley agrees. “The last thing we need in Amer- have deep-rooted and fierce disagreements.” ican politics is more civility,” he writes in an A record high 69 percent of Americans essay titled “In Defense of Incivility.” “What believe that the U.S. has a major civility prob- we need is more focused anger. Anger begets lem, with 75 percent of them saying incivility debate and debate begets change. … Liberty is has increased to crisis levels and 56 percent often messy and, yes, uncivil. Freedom is sup- expecting it to rise further in the next few years, posed to be disorderly.” according to the seventh annual Civility in “Every decade of American history has America poll conducted by Weber Shandwick been filled with political speech of the sort we Angela Andrews is NCSL’s director of and Powell Tate with KRC Research. The now decry,” Thornton points out. In 1800, for Legislative Staff Services. poll also found that 79 percent of Americans example, Founding Fathers John Adams and

STATE LEGISLATURES 27 JULY/AUGUST 2017 LEGISLATURES

Civility Must Be Taught tleness and sensibility of a woman.” In return, Adams’ men called Vice President In his classic book “Choosing Civility: Jefferson a “mean-spirited, low-lived fel- The Twenty-five Rules of Considerate low, the son of a half-breed Indian squaw, Conduct,” P.M. Forni, director of The sired by a Virginia mulatto father.” As Civility Initiative at Johns Hopkins the slurs piled on, Adams was labeled a University, describes what he believes fool, a hypocrite, a criminal, and a tyrant, are the most important elements to building respectful connections with while Jefferson was branded a weakling, others and bringing civility back to an atheist, a libertine, and a coward. legislative debates and deliberations. Here are 10 of his best tips. A Hindrance to Democracy Despite our mudslinging history, many Acknowledge Others. A greeting is a have denounced the current and grow- minimal yet meaningful confirmation of ing level of incivility in government as a person’s value for just being a person. a hindrance to democracy. They argue Think the Best. Assume others are that uncivil behavior erodes trust, stifles good, honest and sensitive before respectful debate over controversial issues, proven otherwise; doing so often and narrows the viewpoints and possible encourages them to be just that. Listen. Listening lets others know we solutions heard. They believe the level of value their message, their viewpoint. incivility in our statehouses threatens the Be Inclusive. Show respect and effectiveness of our legislative bodies. consideration to everyone, do not pick The concern predates our recent pres- and choose. idential election. During his inaugural think that’s the better way to go about Respect Others’ Opinions. The most address in 2001, President George W. Bush solving problems. But I’m not willing to civil question of all time is simple, spoke of his commitment “to live out our dismiss my colleagues who disagree.” humble and smart: “What do you think?” nation’s promise through civility, courage, Congress has become the quintessen- Apologize Earnestly. Apologies should compassion and character.” Civility, he tial example of incivility in government, be thoughtfully conceived, clearly stated said, is not just a tactic or a sentiment. It with numerous incidents of name-calling, and heartfelt. is the determination to choose “trust over unsubstantiated accusations, character Respect Other People’s Time. Give others the amount of time they can cynicism … community over chaos.” attacks and the growing use of such biting expect from you. Ohio Senator Frank LaRose (R), words as “liar,” ”stupid,” “immature” and Accept and Give Constructive co-chair of the National Network of State “idiot.” Criticism. Criticism helps us learn what Legislators Committed to Civil Gover- But what about America’s state legisla- we are unable or unwilling to learn by nance, was elected to the tures? Are they just as bad? ourselves. legislature after serving 10 More than a decade ago, the late Alan Refrain from Idle Complaints. We years in the military, where Rosenthal, a leading scholar of state legis- complain about the world because we people from all walks of life latures, observed that internal and exter- are unhappy about ourselves. come together to accomplish nal politics and never-ending campaigns Assert Yourself. To a large extent, this a mission. were contributing to the growing incivility. means learning to say “no.” “During basic training, I Senator “Given battlefield conditions,” he said, remember the drill sergeants Frank LaRose “it is the exception rather than the rule said, ‘I don’t want to hear Ohio to maintain civil relationships, let alone Thomas Jefferson duked it out in the one any of you arguing about friendships, with people who are shooting and only contest between a president and who’s black or white, city or country, at you.” his vice president. The campaign quickly etc. You’re all green now.’ Later, when I Rosenthal’s assessment holds true today. got dirty, writes Kerwin Swint, professor entered the legislature, I was really—‘sur- Long-term legislative observers and partici- of political science at Kennesaw State Uni- prised’ isn’t exactly the right word—I was pants—legislators and staff alike—say civil- versity and the author of “Mudslingers: disappointed by the level of partisanship I ity continues to decline in state legislatures. The 25 Dirtiest Political Campaigns of All encountered. It rose to the level of tribal- Time”: ism, with a strong sense of us versus them, What’s Changed? Jefferson’s camp accused President the elephant tribe fighting the donkey tribe. Why so much discord now? Experts cite Adams of having a “hideous hermaphro- I rejected that. I’m a loyal Republican, a several possible causes but tend to agree ditical character, which has neither the loyal conservative, and I believe in accom- that no one person, group or political party force and firmness of a man, nor the gen- plishing the goals of my party because I is to blame. Some point out that lawmakers

JULY/AUGUST 2017 28 STATE LEGISLATURES LEGISLATURES

others instead of the worst, NCSL Civility Accord listening deeply to each other to better understand The National Conference of State and empathize. Choosing Legislatures passed an accord in 2011 civility requires humility and giving legislators and legislative staff the the willingness to be wrong. opportunity to pledge their commitment to a set of civility principles designed to It requires time, patience Representative Melissa Wintrow foster bipartisanship. and a commitment to build Idaho As a member of the National honest, respectful relation- Conference of State Legislatures, ships.” we, as state legislators and legislative There is plenty of proof that positive staff, in order to embrace civility interactions improve the odds of achiev- and bipartisanship in our states and ing greater cooperation and less animos- through them our nation, pledge our ity across groups. After all, it’s tough to commitment to the following principles demonize someone you know personally— for civility: and may even like. • Respect the right of all Americans to hold different opinions; • Avoid rhetoric intended to humiliate, Finding Common Ground delegitimatize or question the patriotism Since its founding in 2011 after the of those whose opinions are different shooting of U.S. Representative Gabby from ours; Giffords, the National Institute for Civil • Strive to understand differing Discourse, based at the University of Ari- perspectives; have less time for social interactions that zona, has led civility seminars in several • Choose words carefully; might let them develop trustful relation- state legislatures. Carolyn Lukensmeyer, • Speak truthfully without accusation, ships with colleagues and staff. Term lim- the institute’s executive director, begins her and avoid distortion; its, strict gift laws and increased demands seminars by getting lawmakers to talk to • Speak out against violence, prejudice on legislators’ time don’t help. one another. and incivility in all their forms, whenever The sometimes unforgiving gotcha-news Keeping the tone of statehouse debates and wherever they occur. environment is peppered with sensational civil is important, Lukensmeyer says, We further pledge to exhibit and and negative stories, and the anonymity of because it encourages lawmakers who dis- encourage the kind of personal qualities online and social media interactions opens agree strongly about policy to find common that are emblematic of a civil society: the door to insensitivity and rudeness. ground. Her training sessions ask lawmak- gratitude, humility, openness, passion The entertainment culture offers viewers ers to discuss a “value question” (What do for service to others, propriety, kindness, a “reality”-heavy diet of rejection and vul- you value most about our state?) to foster caring, faith, sense of duty and a garity. And, of course, there’s the ever-wid- better understanding among rival factions. commitment to doing what is right. ening partisan gap on policy issues, fos- Idaho Representative Maxine Bell (R) tering an us-against-them battle mentality approached the institute’s see uncivil behavior and ... increases the among lawmakers. seminar a couple of years ago chances that we will buy into a common So, how do members of a deliberative with skepticism. Members of way of treating each other and working body—where conflict and tension are the Idaho House, she said, civilly through problems for the betterment inherent—maintain decorum and civil dis- didn’t need more training; they of our state.” course with all these forces working against were already respectful of one “Compromise” is not a dirty word, them? For starters, legislatures might try another. “We are very cau- Representative LaRose reminds us: “It’s the way states- to increase opportunities for lawmakers to tious about how we address Maxine Bell men and -women solve problems in a Idaho build better relationships with one another. each other on the floor due to democracy. When there is civility, there is “People need to get to know each other the strict rules of decorum,” she says. space for people to get to know each other as colleagues, not just red or blue, Republi- But Bell is glad she attended. The work- and work together, to compromise and can or Democrat,” says LaRose. shop gave her and others an “opportunity govern effectively. Idaho Representative Melissa Wintrow to see each other as people by giving us an “You can be a strong conservative or (D), LaRose’s cochair for the national net- in-depth look at the person we’re debating strong liberal and still interact with each work, agrees with him. “Civility is seeing against,” she says. other in a civil way. It’s not about political people as people and not objects that get in Wintrow attended as well and says “par- correctness or about being polite. our way,” she says. ticipating in the Idaho workshop gives us a “This is about so much more than just “Civility is about looking for the best in common experience to reference when we being nice to each other.”

STATE LEGISLATURES 29 JULY/AUGUST 2017 STAFF PROFILES STAFF PROFILES Why I Love the Legislature

Legislative staffers Anne Ziaja Sonia Gavin from across the Executive Director Legislative Reference Librarian country describe Massachusetts Senate Office Montana Legislative Services Division of Education & Civic Engagement what drew them to the statehouse.

BY MEGAN “The goal is to give citizens the tools to “I am not your typical introverted MCCLURE be actively, confidently engaged with librarian. I really enjoy interacting with state government.” the public, talking to them about the legislature and the legislative process.” nne Ziaja credits a summer intern- ship in Washington, D.C., during the nation’s bicentennial celebration onia Gavin worked in student gov- A in 1976 as the pivotal moment when ernment at the University of Mon- she decided she wanted to work in government. tana, “so being involved with the state After an internship with the Massachusetts SLegislature was very appealing,” she Senate, she was hired to work for that cham- says. She credits her cousin, who had recently ber’s civic education programs. moved to Helena, however, for convincing her Now in her 40th year at the Senate, she is to move to the state capital. The position of the executive director of the Office of Educa- legislative information resources manager was tion and Civic Engagement. open, so she applied and got the job. “What I find especially gratifying is meeting As a librarian in the Legislative Services someone who participated in an internship or Division for the last nine years, she says her seminar and who credits [my office] for his or job is one part digging up research and one her continued participation in government,” part working with and educating constituents. she says. “Helping someone navigate our legislative Ziaja received NCSL’s Kevin B. Harrington website is very rewarding,” she says, “espe- Award for Excellence in Democracy Education cially when you can help someone find an in 2013 for her work informing students and answer to a question.” the public of the value of democracy and civic The best research question she’s been asked? responsibility. “Especially meaningful to me It was about a parasite that attacks wolves. “A Megan McClure is a senior staff is that this award is named for Massachusetts researcher gave me just the Latin name for it, assistant with NCSL’s Center for Senate President Harrington, the first president and I had to dig to find anyhing regarding the Legislative Research and Support and of NCSL and a major proponent of civic edu- topic. I came up with about 10 articles that is NCSL’s liaison to the Legislative cation. He gave me my first job in the Massa- helped with the research. It was a good chal- Research Librarian staff section. chusetts Senate.” lenge and tested my skills.”

JULY/AUGUST 2017 30 STATE LEGISLATURES STAFF PROFILES

Paul Jennifer Charity Smith Fletcher Stowe

Chief Clerk Legislative Librarian Deputy Director of Legislative Affairs, New Hampshire House of Representatives Alaska State Legislature Leadership Assistant Indiana General Assembly

“I’m kind of a geek. I love “I am never entirely sure what parliamentary procedure and helping each day will bring, what areas of members navigate the parliamentary legislative history or subjects I will “Giving a voice to those who are process to be an effective legislator.” need to research.” often lost in the system is some of the most satisfying work.” aul Smith has the unique perspec- ennifer Fletcher has an unusual tive of having served as both a relationship with Juneau. Since harity Stowe began her career state legislator and a staffer—in moving there, she’s found herself with the Indiana General Assem- Pthat order. He won a seat in the J“in a decaying orbit around the bly as an intern shortly after her New Hampshire House when he was just community, leaving for a while only to be Ccollege graduation. She was sub- 22 years old. After serving two terms, he pulled back in.” She was hired in 2012 to sequently hired as a legislative assistant and joined the legislative staff and eventually work on a project for the Alaska Legisla- has served in that role for the last three years. was elected clerk of the House, in late 2014. tive Affairs Agency, digitizing the Legisla- In July 2015, she took on an additional role: A self-described “quintessential Yan- ture’s archived audio recordings. She soon deputy director of legislative affairs. kee,” he has a deep appreciation for his began working on a second project, then Stowe says her work with constituents is home state and its civic traditions. took up her current position as a librarian. the most fulfilling part of her job. “Advo- “I truly wouldn’t want to be in any other The range of subjects she researches cating for them in tough situations makes legislature in the country,” he says. “It’s on any given day keep her motivated and me feel like we’re making a difference.” often mocked for its size, but it really seems engaged. “I see librarianship as one of the She also values the opportunity she had to me that we’re the most democratic body best ways to be a generalist,” she says, to work closely with her legislator on a in the country. You can call up your state “and legislative history is a quite diverse paid sick leave bill a couple of sessions ago. rep, you see them in the grocery store—you and deep body of knowledge.” “Paid leave is an issue I care a lot about,” have access.” In her time with the Legislature, Fletcher she says, “and getting to research and learn Smith was recently named one of New has supervised the digitization of thou- the ins and outs and what other states were Hampshire’s “40 Under Forty,” an annual sands of hours of audio recordings, sheets doing is definitely a highlight from my time recognition by the Union Leader newspaper of microfiche and rolls of microfilm. She is here at the legislature.” of some of the state’s brightest young achiev- also preserving materials from the 1955-56 The legislature’s annual volunteer project ers. He also received the Outstanding Eagle Alaska Constitutional Convention. offers yet another way for Stowe to support Scout Award, presented by the National She sees her work as a means of expand- her constituents. This year, staff from all four Eagle Scout Association for achievement at ing the use of those materials and develop- caucuses gathered on the Statehouse lawn “in the local, state or regional level. ing research expertise. “Increased availabil- a bipartisan effort,” she says, to help build a Given his holistic experience of legisla- ity of materials leads to increased use,” she home for a Habitat for Humanity family. tive work, Smith has advice for legislators says, “and in-house digitization projects Above all, Charity advises other legis- and staffers alike: “Don’t make assump- help staff develop knowledge of how to use lative staff to “never stop caring. Working tions. Always be interested in what may the resulting resources and their contents.” your hardest and giving insight where it’s come. I hate to use the term ‘keep an open Read more about Fletcher’s work pre- needed will have a lasting effect on you and mind’—but you should.” serving materials from the Constitutional those you interact with.” Convention in the NCSL blog.

STATE LEGISLATURES 31 JULY/AUGUST 2017 STATE BUDGETS A Tale of Two Recoveries

The states have not experienced the same slow but steady growth the national economy continues to enjoy.

BY KATHLEEN QUINN

s the nation’s economy begins its and functional state and local government.” “coincident index” for each state. It calcu- ninth year of expansion, many A look at state and national indicators lates the three-month change in these state- states are not keeping pace, from the start of the expansion in June level economic indicators (sometimes called Ajudging by budget, revenue and 2009 following the Great Recession to this coincident indicators). The June 2009 and state government job num- spring places the states’ economic recov- April 2017 coincident indexes paint very dif- bers. For some states, slow ery in context and offers some insight into ferent images for most U.S. states. The 2009 growth has been tied to spe- what might lie ahead on the fiscal horizon. map shows that indexes in three months cific factors. The current, near-decade-long recovery, decreased in 47 states, remained unchanged “Right in the middle of the often referred to as the “slowcovery,” is actu- in one and increased in two. Conversely, national economic downturn, ally not the longest in history, according to the indexes from 2017 show increases in 46 when Oklahoma was trying to Senator the National Bureau of Economic Research. states and decreases in only four. recover, the oil and gas indus- Kim David That distinction goes to the expansion in the The maps at the top of the next page Oklahoma try went bust,” says Okla- 1990s, a 10-year stretch that ended with the illustrate that state economies continue to homa Senator Kim David (R). collapse of the dot-com bubble in March improve from the volatile beginning of the “Being one of our largest industries, it was an 2001. When gross domestic product growth recovery when they were still experiencing added fiscal challenge for the state.” is considered, however, today’s slowcovery is recessionary pressures. For others, the plodding the weakest since before WWII. Real GDP recovery has meant adopting has grown on average 2.1 percent per quar- UNEMPLOYMENT RATES. The unemploy- a long view. ter since 2009, compared with an average of ment rate is another telling indicator of a “The main drivers of our 4.3 percent over the last 10 expansions. state’s economic performance. Nationally, economic growth are long- National economic indicators continue the United States is averaging at or below term efforts for economic to show improvement, but to get an idea the “natural rate of unemployment” diversification away from Representative of what this recovery looks like at the state (which factors in voluntary, or frictional, highly cyclical industries,” Dan Pabon level, one must look at state economic indica- unemployment that naturally occurs as says Representative Dan Colorado tors, revenue growth and budget conditions. employees leave their current jobs to find Pabon (D) of Colorado, where progress has better ones, or as recent graduates enter been nurtured by “in-migration attracted by State Economic Indicators the labor market). The generally accepted our quality of life and relative affordability, a COINCIDENT INDEX. By measuring non- average natural rate is 5 percent. In April highly skilled workforce and a collaborative farm payroll employment, industrial and 2017, the U.S. average unemployment rate manufacturing production, real wages, and was 4.4 percent. Rates ranged from a low Kathleen Quinn is a research analyst in NCSL’s Fiscal the unemployment rate, the Federal Reserve of 2.3 percent in Colorado to a high of Affairs Program. Bank of Philadelphia produces a monthly 6.7 percent in New Mexico. This reflects

JULY/AUGUST 2017 32 STATE LEGISLATURES STATE BUDGETS State Economic Health—Then and Now Ratings are based on the coincident index—a combination of four key state-level indicators: nonfarm payroll employment, industrial and manufacturing production, real wages, and the unemployment rate. Less than -1% States’ Three-Month Between -0.6% and -1% States’ Three-Month Economic Growth, Between -0.1% and -0.5% Economic Growth, June 2009 Unchanged April 2017 Between 0.1% and 0.5% Between 0.6% and 1% More than 1% Data not available

RI RI DC DC DE DE

Sources: Federal Reserve Bank of Philadelphia, State Coincident Indexes, June 2009 and April 2017 a healthy economy absent the unemploy- STATE GOVERNMENT JOBS. The efforts jobs have actually decreased in num- ment pressures most often associated with by many to shrink the size of government ber during the current recovery. There a downturn in the business cycle. Back in appear to be working, at the state and are other probable explanations for the June 2009, the U.S. average unemploy- local levels at least. State and local gov- loss of state and local government jobs ment rate was 9.5 percent, according to the ernment jobs are not contributing to the during this expansion cycle, including Bureau of Labor Statistics, ranging from a drop in unemployment rates. While they the weak recovery of state tax revenue low of 4.2 percent in North Dakota, to a drove job growth during the economic and a reduction in state government ser- high of 15.2 percent in Michigan. recoveries of the 1950s and ’60s, these vices to close budget gaps.

Getting Back to Work Between June 2009 and April 2017, unemployment dropped an average of 4.5 percent across all 50 states.

More than 15% Between 10.1% and 15% Adjusted Unemployment Between 7.1% and 10% Adjusted Between 5.1% and 7% Rate, June 2009 Unemployment Rate, Between 4.1% and 5% April 2017 Between 3.1% and 4% 3% or less

RI RI DC DC DE DE PR PR VI VI

Source: Bureau of Labor Statistics, State Employment and Unemployment Database, June 2009 and April 2017; U.S. Virgin Islands Bureau of Economic Research

STATE LEGISLATURES 33 JULY/AUGUST 2017 NCSL U.S.TOUR2017

PAGE 34

Ad Whatever your role in the legislature, there’s an NCSL staff association for you—and a training seminar where you’ll connect with colleagues and sharpen your skills. Register for one today!

American Society of Legislative Clerks and Secretaries (ASLCS) Phoenix, Ariz. Sept. 24 – 29 Leadership Staff Section (LSS) Boston, Mass. Aug 5-6 Legislative Information and Communications Staff (LINCS) Washington, D.C. Oct. 3 – 5 Legislative Research Librarians (LRL) Helena, Mont. Sept. 13 – 16 National Association of Legislative Fiscal Offices (NALFO) New Orleans, La. Oct. 4 – 6 National Association of Legislative Information Technology (NALIT) Annapolis, Md. Sept. 12 – 15 National Legislative Program Evaluation Society (NLPES) Madison, Wis. Sept. 17 – 20 National Legislative Services and Security Association (NLSSA) Reno, Nev. Sept. 25 – 29 National Seminar on Human Resource Management in State Legislatures Alexandria, Va. October 26-28 Research, Editorial, Legal and Committee Staff (RELACS) Lexington, Ky. Sept. 24 – 27

Learn more and register today at ncsl.org/legislativestaff STATE BUDGETS

State Revenues Public Job Growth Slips During the current expansion, state rev- The percentage of job growth between the public and private sectors enue growth has been slower than in any of five years after the beginning of each recovery since 1957. the previous four expansions. As of Decem- ber 2015, state revenues had increased only 25%25% - - StateState and and local local governments governments All All other other industries industries 7.9 percent from recessionary lows. This contrasts with 32.1 percent and 20% - 15.4 percent, respectively, after the 1990 20% - NCSL and 2001 recessions. Recent trends show a decreasing rate of state revenue growth as 15% - the economic expansion ages. The Rockefel- 15% - U.S.TOUR2017 ler Institute reported that state tax revenues grew just 1.2 percent during fiscal year 2016, 10%10% - - slowing from 4.7 percent growth in 2015. When adjusted for inflation, state tax revenue growth actually declined by 0.1 per- 5%5% - - Percent of job growth of job growth Percent cent in FY 2016—the weakest performance of job growth Percent since FY 2010. Slow revenue growth is being driven 0%0% - - by weak personal income and sales tax growth, a decline in corporate income tax revenues and a 40.1 percent decline in -5% - -5% - 1957 1960 1969 1973 1980 1981 1990 2001 2007 severance tax revenues. Severance taxes 1957 1960 1969 1973 1980 1981 1990 2001 2007 constitute only about 1 percent of state Recession Start Dates revenues at a national level, but this sharp Source: U.S. Census Bureau Data; Mood’s Analytics, August 2016 decline significantly affects the economies and revenues of energy-producing states. expansion, how have state budgets fared 22 states have addressed or are going to since the recovery began in 2009? NCSL address a budget shortfall before the end State Budget Challenges Ahead tracks the fiscal condition of states and of the fiscal year. State officials are citing a Considering the weak revenue growth found that in April 2009, 43 states were higher demand for services, increasing fixed Whatever your role in the legislature, there’s an NCSL experienced by states during the current resolving a budget gap. This year, only costs and slowing revenue growth as reasons staff association for you—and a training seminar where you’ll connect for these shortfalls. Although officials gen- Slow Revenue Growth erally describe their fiscal situation as stable with colleagues and sharpen your skills. Register for one today! Total percentage growth of state revenue since the start of the five most recent recessions. The in the near term, there are challenges on the lines are colored to indicate each recession, with year zero indicating its start year. Recovery horizon that could be exacerbated by any from the Great Recession has been slower than in any of the previous four expansions. downturn in the national economy. American Society of Legislative Clerks and Secretaries (ASLCS) Phoenix, Ariz. Sept. 24 – 29 A look back at the economic expan- 40% - sion of the last eight years shows two dif- Leadership Staff Section (LSS) Boston, Mass. Aug 5-6 40% - 19731973 ferent paths to recovery. On one path is 30%30% - - the national economy, enjoying slow but Legislative Information and Communications Staff (LINCS) Washington, D.C. Oct. 3 – 5 19801980 19901990 steady growth that, in 2017, points toward 20%20% - - a healthy economic future. On the other, Legislative Research Librarians (LRL) Helena, Mont. Sept. 13 – 16 20012001 2007 decidedly rockier, path are the states. 10%10% - - 2007 National Association of Legislative Fiscal Offices (NALFO) New Orleans, La. Oct. 4 – 6 Many have struggled to handle the bumps, 0%0% - - sharp curves and steep grades that have National Association of Legislative Information Technology (NALIT) Annapolis, Md. Sept. 12 – 15 caused their economies to fall behind the -10%-10% - - rest of the country. Although the national economy contin-

National Legislative Program Evaluation Society (NLPES) Madison, Wis. Sept. 17 – 20 revenue of state of growth Percent Percent of growth of state revenue revenue of state of growth Percent -20%-20% - - ues to expand, persistently sluggish state 0 1 2 3 4 5 6 7 8 0 1 2 3 4 5 6 7 8 revenue performance may pose a major National Legislative Services and Security Association (NLSSA) Reno, Nev. Sept. 25 – 29 YearsYears since since start start of ofrecession recession challenge for state budgets in FY 2018 and National Seminar on Human Resource Management in State Legislatures Alexandria, Va. October 26-28 Notes: Four-quarter average of inflation-adjusted tax revenue. Data are shown only until the start of the beyond. And that should be a concern for next recession. the whole country, because, as we all know, Source: Rockefeller Institute of Government, December 2015 Research, Editorial, Legal and Committee Staff (RELACS) Lexington, Ky. Sept. 24 – 27 a strong nation needs strong states.

Learn more and register today at ncsl.org/legislativestaff STATE LEGISLATURES 35 JULY/AUGUST 2017 WHAT STAFF KNOW 5 Things Legislative Communicators Want You to Know

BY JANE CARROLL ANDRADE

hey write, crafting news releases and speeches. They talk, serving as spokespeople for legislators T and the institution. They record, capturing photos, videos and audio of legislative proceedings. And increasingly, they post—using Twitter, Instagram,

Facebook and more. They are the infor- RESEARCH COMMISSION KENTUCKY LEGISLATIVE JEFF FOSSETT, BY PHOTO mation officers, press secretaries, commu- Bud Kraft, photographer for the Kentucky Legislative Research Commission’s Public Information nications directors, audio and video pro- Office, takes a photo of Jim Hannah, assistant public information officer for the LRC, in front of ducers, photographers, and civic educators the State Capitol. Hannah is tweeting the latest news from the Legislature to his followers. who serve as the liaisons between the nation’s state legislatures, their constitu- ents and the media. Here’s what they want Communications Staff Section. “Our job the process and getting your message to you to know. is to help you look and sound your best. your constituents. A word of caution, When you look good, we look good.” however: Don’t have a conversation near a microphone or in a room with a 1 camera—and that could be just about You are the star of the show. We 2 anywhere these days—that you wouldn’t are your crew. There is no escaping the cameras be comfortable having repeated in the While most of us are perfectly comfort- and microphones. media or online. “Everything is cap- able speaking publicly (we’re communica- Whether they’re pointed at you by tured,” warns Lauren Hieger, communi- tors, after all), we generally shine behind the media or your own staff, get com- cations director for the majority caucus the scenes. Our job is to showcase the fortable in front of cameras and micro- in the Missouri Senate. great work of legislators and the legis- phones. We will help you. “There is a lative institution, not ourselves. We are parallel universe for state legislators and the directors, producers, screenwriters it is online,” says K’Lynn Sloan Harris, 3 and art directors. “We are the eyes and audio-video coordinator for the Mon- Social media is not just social. ears of your audience,” says Dennis tana Legislative Services Division and What started out as a way for a few Yoder, communications technician for chair of LINCS. “That world feeds off college kids to connect with one another the Texas Senate and immediate past videos, livestreaming and social media. has evolved into the way for virtually chair of the Legislative Information and These platforms can be your friends.” everyone to communicate. And we’re way We are here to help you keep up with past social. You’d be hard pressed to find it all and to build positive relationships anyone in the business, nonprofit and Jane Carroll Andrade is a contributing editor to the with the media, because they provide government worlds not using social media magazine and NCSL’s liaison to LINCS. the means for bringing transparency to for professional purposes. As legislative

JULY/AUGUST 2017 36 STATE LEGISLATURES WHAT STAFF KNOW

communicators, we’ve had to evolve with making sure our productions are of the the ever-changing world of social media. highest quality,” says Damien Heard, What Is LINCS? We keep abreast of the latest tools, tech- communications technician for the Loui- The Legislative Information and nologies and best practices. More import- siana Senate. We know what we’re doing. Communications Staff Section is the ant, we help maintain high ethical and “Prepare your message and deliver it professional association for all legislative professional standards in all our commu- with confidence,” says Yoder. “Leave the communicators, a network of staff nications, but especially on social media, technology to us.” from across the country who share whose instantaneous nature can be a real knowledge, skills, ideas and experiences. booby trap for blunders. The group gathers twice a year, once 5 in the summer at NCSL’s Legislative Content is king. Summit and once at the LINCS 4 The message is the message is the professional development seminar held   in the fall. We’re technicians, not magicians. message, no matter how you deliver it. Go to ncsl.org/lincs for more New digital audio and visual record- We take great care in crafting content information, including LINCS activities at ing equipment and editing software help that is accurate, clear and substantive. this year’s Legislative Summit in Boston. us get your messages out more quickly To do that we must be good listeners than ever. But all the bells and whistles in and researchers, we need to keep up the world can’t make up for quality and on the latest technology and tools, and substance. And these take time. So don’t we must stay curious and exhibit pro- communication officer for the Louisi- expect instant results. But do expect us fessionalism at all times. Our job is to ana Senate since 1993 and co-founder to be responsive and nimble. We know, be the voice of state legislatures, and of LINCS. “That does not change, perhaps better than anyone, the pace at we take it seriously. “If you can find a whether you’re typing it on the manual which the modern world moves. “Every member’s voice, then you can find your typewriter and putting it in the mail, or day, we balance working quickly with institution’s voice,” says Brenda Hodge, hitting send on the email button.” OUR OUR AMERICANAMERICAN STATESSTATES A Podcast from NCSL Our American States is where you hear compelling conversations that tell the story of America’s state legislatures, the people in them, the politics that drive them, and the important work of democracy. Listen to previous episodes and subscribe at ncsl.org/podcast.

STATE LEGISLATURES 37 JULY/AUGUST 2017 REDISTRICTING

A decade’s worth of edistricting is the Rubik’s Cube however, offer lessons for legislators who want of politics—and the courts have to make the upcoming redistricting process a redistricting cases provided only piecemeal guidance on little less litigious. Rhow to solve it. offer lawmakers As the 2020 redistricting cycle approaches, state legislatures have a slew of new issues to Commissions aren’t a panacea. a little clarity with a consider. Court rulings have addressed (but Arizona voters approved a citizen initiative lot of uncertainty. not necessarily clarified) several questions this in 2000 that created the Arizona Independent year. Who do we count when constructing a Redistricting Commission, which drew the district? Is it valid to create an independent lines in that cycle and again in 2010. But the redistricting commission by way of a ballot Legislature claimed in 2015 that the commis- initiative? How do we comply with the Voting sion did not have the authority to draw con- Rights Act but avoid drawing districts based gressional districts because the initiative that BY MATT DOMBOSKI solely on race? created the commission violated the Elections & WENDY UNDERHILL And, in what many are calling a potentially Clause of the federal Constitution by remov- landmark case, the U.S. Supreme Court has ing the Legislature’s redistricting authority. agreed to hear a case from Wisconsin next The new district map was, therefore, uncon- term that may give lawmakers an answer to stitutional and void, the Legislature argued. whether maps can be thrown out solely for The U.S. Supreme Court did not agree, ruling favoring one political party over another. The against the Legislature in Arizona State Leg- case was brought by Democratic voters in Wis- islature v. Arizona Independent Redistricting consin who contend state Assembly districts Commission. were unconstitutionally configured specifically It’s worth noting that the court found com- to favor Republicans. The high court’s ruling missions (but not necessarily the maps they could have massive ramifications nationwide. draw) to be valid, which leaves the door open State officials have faced numerous legal for future challenges to commission-drawn disputes over the past decade, and many have maps. Arizona’s legislative district maps were Matt Domboski is a law student at the been forced to either live with court-ordered challenged in 2016 for being too partisan University of Denver and Wendy Underhill maps or go back to the drawing board for a and for violating the “one-person, one-vote” is the director of NCSL’s Elections and rewrite. The rulings have been so varied they principle. The commission’s legislative maps Redistricting Program. bring little clarity to the process. They do, contained a maximum population deviation

JULY/AUGUST 2017 38 STATE LEGISLATURES REDISTRICTING of 8.8 percent (the difference between the be drawn with race as the predominant dominately consider race, yet comply with population in the largest and smallest factor—unless it is done to meet Vot- the Voting Rights Act and create minority districts), which is well above the origi- ing Rights Act requirements. The rule of opportunity districts in which minorities nal plan’s 4.1 percent deviation. But the thumb is that minority voters should have make up at least 50 percent of the vot- Supreme Court ruled in Harris v. Arizona the opportunity to elect the candidates of ing-age population. Independent Redistricting Commission that their choice. The Supreme Court altered the land- the plan’s population deviations predom- Maps can be—and have been—struck scape by striking down the preclearance inantly reflected a “good faith effort” to down if there is evidence that a legislature’s provisions in the Voting Rights Act, in achieve compliance with the Voting Rights predominant purpose was to draw some Shelby County v. Holder, in 2013. The pro- Act, and not an attempt to secure political districts based solely on minority demo- visions required certain states and jurisdic- advantage for one party. graphics, either by “packing” minorities tions to receive federal approval before any The point: No matter who draws into a few districts or spreading them too changes to voting procedures, including them—a commission or a legislature— thinly among many districts, known as redistricting maps, could go into effect. maps can be challenged. Commissions “cracking.” How will this change mapmaking? have no magical immunity from litigation. The U.S. Supreme Court held in Miller Preclearance of maps won’t be required v. Johnson in 1995 that maps can be thrown in 2020, but a recent federal district court out if challengers can prove, either through case in Texas presents a wrinkle—a sel- Race matters—a lot. circumstantial evidence, such as a district’s dom-used option in the Voting Rights Act Although states adhere to a variety of shape and demographics, or through direct to “bail in” jurisdictions or states if they traditional redistricting principles, such evidence, that the maps were drawn with show a pattern of racially motivated deci- as the compactness and contiguity of dis- an intent to use racial demographics as the sions. In Perez v. Texas, the court found tricts, none are as important as those set predominant criterion in determining dis- the maps drawn in 2011 by the Texas Leg- by the Equal Protection Clause of the 14th tricts. The crucial factor, the court noted, is islature discriminated against Latino and Amendment and the Voting Rights Act the legislature’s intent. African-American voters. Because of this of 1965. The Equal Protection Clause has The task legislators face when drawing and other recent voting-rights cases, all been interpreted to mean districts can’t districts is difficult. They must not pre- or parts of the state could be placed back

To Each Its Own

The way lawmakers handle redistricting varies across the country.

State Legislature Redistricting commissions Advisory commissions Backup redistricting commissions Nonpartisan legislative staff

Source: NCSL

STATE LEGISLATURES 39 JULY/AUGUST 2017 REDISTRICTING

under supervision, requiring future elec- Who Is Gerry Salamander? tion changes to be approved by federal officials. An appeal to the U.S. Supreme Gerrymandering is when political districts are drawn to give one party a numeric Court appears likely. advantage over another. The practice is more than 200 years old and faces another Maps in Alabama, Texas and Virginia trial this fall when the U.S. Supreme Court hears a case from Wisconsin. The term have been rejected in the past for inten- “gerrymander” was first used by the Boston Gazette newspaper in 1812 to describe tionally discriminating against minority the way districts were redrawn for a Massachusetts Senate election under then- voters in certain districts. In two recent Governor Elbridge Gerry. The shape of one of the new districts was said to resemble a salamander. Put “Gerry” and “salamander” together and, voilà, you have “gerrymander.” North Carolina cases involving racial Here are six real congressional districts in various states that have been challenged. issues, the plaintiffs prevailed. In one, What animals do you see in them? Cooper v. Harris, the Supreme Court upheld a lower court’s decision to throw out the maps because race was the “pre- dominate rationale” used in creating two congressional districts in 2010.

Tradition can dictate who you count. Everyone counts when redrawing dis- tricts, right? For now, at least. In Evenwel v. Abbott, challengers to the Texas tradi- tion of using the total population argued that only those who are eligible to vote should be counted based on the one-per- son, one-vote principle. The U.S. Supreme Court didn’t agree, ruling that, based in its history, Texas has the right to draw dis- tricts based on total population numbers, as it has done for years. Although the court ruled Texas’ use of total population numbers is OK, it did not rule out the use of only the voting-eligible population in the future. The court acknowl- edged this ambiguity, then punted it away for another day. Currently, no state counts only those eli- gible to vote when redrawing maps. Where prisoners count—or whether they count—is another hotly debated question. Maryland enacted the No Representation Without Population Act in 2010, requir- ing the state to count prisoners at their last known address, or not at all if they are from out of state, but not at the prison location. The act was upheld by a federal district court and by the U.S. Supreme Court in Fletcher v. Lamone in 2012. Fletcher affirmed that states can make their own decisions on how to count prison- ers, who number more than 2 million across the country. How they are counted can sig- nificantly alter the dynamics of certain dis-

JULY/AUGUST 2017 40 STATE LEGISLATURES REDISTRICTING

islative staffers were subpoenaed to testify about their role in the redistricting process. But because a state circuit court found the staffers’ actions fell within the sphere of privileged legislative activity (they acted as an “alter ego” of the lawmaker), they were not required to testify. The actions of legislators, legislative staff and consultants all could fall under legislative privilege. Or not, depending on who and where you are.

Careful with the role partisanship plays. No federal court has invalidated a redis- tricting plan because of partisan bias in more than 30 years. But that changed with a case the U.S. Supreme Court justices will tricts. California, Delaware and New York depositions and providing documents pre- hear next term. In Whitford v. Gill, a fed- have laws similar to Maryland’s. sented inconveniences. The court agreed eral district court held that the Wisconsin but ruled, in Benisek v. Lamone, that Legislature discriminated against Demo- “inconvenience is not a compelling reason cratic voters when it drew district lines in Use legislative privilege to quash the subpoenas.” 2011. The court accepted as proof of dis- cautiously. Most state constitutions do not specif- crimination a newly developed mathemat- One of the critical elements in any redis- ically recognize legislative privilege, but ical standard that evaluates whether maps tricting challenge is what can and cannot courts have accepted it in a few cases. The were drawn to yield a partisan advantage. be revealed in a court proceeding. Among Florida Supreme Court, for example, held The model counts each party’s “wasted” the tools defendants can use to prevent dis- that legislative privilege exists in common votes in an election—defined as the votes closure is the claim of privilege. Lawmak- law due to the principle of separation of cast for a losing candidate and the votes ers defending their redistricting plans have powers. The privilege is not absolute, cast for a winning candidate above the on numerous occasions argued that legis- however, especially when weighing the number needed to win. If one party has lative privilege allows them to withhold reasons behind the claim of privilege and significantly more wasted votes than the documents relating to how they drew their the mandate in the state constitution that other, alarm bells ring. plans, depositions of individuals involved prohibits drawing a map “with the intent How might Whitford play out? The in the map-drawing process and communi- to favor or disfavor a political party or an court could rule that partisanship in redis- cations with consultants. incumbent.” tricting is a given and not worth going to Cases in Florida, Maryland and Wis- Sometimes privilege can even apply to trial over. Or, it could establish new redis- consin have legislators questioning the consultants and legislative staff who help tricting criteria and a standard of review level of scrutiny their actions have received. lawmakers in the map-drawing process. that essentially sets a bright line for parti- In one, lawmakers tried to use legislative The privilege in such cases is, again, not sanship. Or, it could find a middle ground. privilege to prevent certain emails, phone absolute and is subject to requirements Claims of partisan-motivated redistrict- calls and other transcripts of communi- outlined by previous state court decisions. ing also have been made in North Carolina cations among legislators and staff from The Supreme Court ruled, in League of and Maryland. Challengers say congres- being entered as evidence. Women Voters of Florida v. Florida House sional maps were drawn with the intent to In Maryland, when the House speaker of Representatives, that privileged docu- disfavor Democrats in North Carolina and and a senator were ordered by a federal ments held by consultants may be admitted Republicans in Maryland. district court to give depositions and to as evidence under certain circumstances. The Supreme Court’s upcoming ruling turn over documents from a lawsuit chal- In Virginia, the standard for privilege in the Wisconsin case gives redistricting lenging the state’s 2011 congressional redis- depends on whether an individual is func- followers something to anticipate. It could tricting plan, the legislators asserted legis- tioning in a legislative capacity on behalf be a game changer in the ever-evolving lative privilege—but lost. of, and at the direction of, a lawmaker. In but always-complicated world of redis- The lawmakers claimed that giving Vesilind v. Virginia Board of Elections, leg- tricting law.

STATE LEGISLATURES 41 JULY/AUGUST 2017 Thanks to our sponsors for their generous support PLATINUM 1-800 CONTACTS, Inc. Charter Communications International Paper Reynolds American Inc. Advance America Comcast Cable Communications Inuit State Farm Insurance Companies American Bankers Association and the Entertainment Software Association MAXIMUS Takeda Pharmaceuticals USA, Inc. ABA HSA Council Esri Mylan TIAA Amgen Genentech NCTA —The Internet & Cable UnitedHealth Group Anthem Gilead Sciences Association University of Phoenix Astellas Pharma US, Inc. Institute of Scrap Recycling Novartis Visa AT&T Industries, Inc. Nuclear Energy Institute Walmart

GOLD 21st Century Fox AstraZeneca International Council of Shopping Centers Premier AARP Bank of America LexisNexis State Net Professional Beauty Association ADM Bayer HealthCare Pharmaceuticals Lockridge Grindal Nauen P.L.L.P. Reason Foundation The Advocacy Group (TAG)/Focus, Best Buy Mallinckrodt Pharmaceuticals Red Bull a Leonine Business BlueCross BlueShield Association MasterCard Worldwide RELX, Inc. Alliance of Automobile Manufacturers Boehringer Ingelheim McKesson Specialty Health Roche Diagnostics Amazon Capital One Mead Johnson Nutrition Salt River Project American Association for Justice The Carpet & Rug Institute Merck Sanofi American College of Cardiology CenturyLink Microsoft SAS Institute American Council of Life Insurers Chevron Molina Healthcare Siemens American Dental Association The College Board MultiState Associates Society for Human Resource Management American Federation of State, County & Consumer Technology Association National Apartment Association Sodexo Municipal Employees Cox Communications, Inc. National Association of Convenience Sprint American Federation of Teachers Crown Cork & Seal Company, Inc. Stores State & Federal Communications, Inc. American Forest & Paper Association CTIA— The Wireless Association National Athletic Trainers’ Association Stateside American Fuel & Petrochemical Daiichi Sankyo, Inc. National Beer Wholesalers Association Target Manufacturers Darden Restaurants, Inc. National Education Association American Gas Association Design-Build Institute of America National Retail Federation Tax Foundation American Heart Association DJI National Rural Electric Cooperative Teva Pharmaceuticals USA American Hotel & Lodging Association EdChoice Association T-Mobile American Institute of Architects Edison Electric Institute Novo Nordisk Transurban American Institute of CPAs Everytown for Gun Safety NWEA Unilever United States, Inc. American Optometric Association Facebook Organization for International Investment UPS American Public Power Association Google PayPal Vistra Energy American Society of Civil Engineers HIMSS Pearson Walgreens America’s Credit Unions HP Inc. The Pew Charitable Trusts Waste Management Anheuser-Busch Companies IBM PhRMA Wells Fargo Association for Accessible Medicines IGT Philips West, A Thomson Reuters Business

SILVER 3M Ash Grove Cement Company GlaxoSmithKline National Federation of AAA Association of American Railroads Hallmark Cards Independent Business ACS Cancer Action Network BD Helicopter Association International Nike Aflac Boston Scientific The Hershey Company Northrop Grumman Agrium Bristol-Myers Squibb icitizen Outdoor Industry Association Air-Conditioning, Heating, and CEDIA InState Partners Personal Care Products Council Refrigeration Institute The Coca-Cola Company Insured Retirement Institute Property Casualty Insurers Association Alkermes CompTIA International Bottled Water Association of America Alliant Energy Conduent John Deere Purdue Pharma L.P. American Association of Nurse Consumer Healthcare Products Johnson Controls Retail Industry Leaders Association Practitioners Association Johnson & Johnson Satellite Broadcasting and American Chemistry Council CropLife America JPMorgan Chase & Co. American Coatings Association Diageo Communications Association American Electric Power Dominion Mainstreet Property Group Scholastic American Express eBay, Inc. Mattel, Inc. Securities Industry and American Financial Services Association Educational Testing Service McLane Company, Inc. Financial Markets Association American Hospital Association Equipment Leasing and National Association of Service Employees International Union American Medical Association Finance Association Chain Drug Stores Solar Energy Industries Association America’s Health Insurance Plans ExxonMobil National Association of Home Builders Toyota Motor North America AmerisourceBergen Fidelity Investments National Business Aviation Association Wellcare Argentum General Mills NEMA WSP ETHICS 101 Yes, No, Maybe So

What Are Legislatures Doing to Restore Trust in Government?

overnment ethics is so hot trust in government is trending the wrong 104 were enacted. right now. The topic is de way. Some of the resulting concern may be At this rate, state lawmakers could end rigueur among policy wonks, warranted, some of it not. With so many up introducing more than 700 ethics bills G watchdog organizations and flawed metrics, how can we get a read on this year, showing that addressing ethical media types across the country. The the status of trust in government? dilemmas is high on many lawmakers’ news, it seems, is filled with conflict this We can begin to find answers by to-do lists. or conflict that, financial disclosures or looking at the work our legislators are They’re working to combat the public’s outside income. doing. For all the discussion of ethics laws extremely low trust in government, With information being disseminated at all levels of government, one thing is whether real or perceived, that is centered more quickly and in more ways than clear: State lawmakers are responding. at the national level, but easily trickles ever, the actions of our nation’s public At least 520 ethics bills had been down to state and local government officials and governing bodies are under introduced in at least 43 states, officials as well. an increasingly powerful magnifying Washington, D.C., and Puerto Rico by Only time will tell how many of the glass. This raises a question: Is public mid-April of this year. bills gain traction. But all else being equal, trust in government—a cornerstone of Topics include conflicts of interest, its shaping up to be a significant year for representative democracy—decreasing in financial disclosure, outside income, ethics reform legislation. America? gifts and legislator-turned-lobbyist — Ethan Wilson The answer requires some educated prohibitions. Potentially hundreds of conjecture. Polls ebb and flow depending campaign finance bills have also been Have you dealt with an ethical dilemma on who’s conducting them. And, left or introduced during this same time frame. recently? We’d love to hear about that or right, many media outlets tend to let some By comparison, 427 ethics bills were other questions or comments on ethics. Email level of ideology through. But based on introduced and 110 were enacted in all of Mark Quiner, with NCSL’s Center for Ethics in what we read and hear, it does appear that 2015. In 2016, 535 were introduced and Government, at [email protected].

STATE LEGISLATURES 43 JULY/AUGUST 2017 STATESTATS There’s Gold in Them Slogans Tourists Help Pay States’ Bills

Here’s a look at how much tourists spent by state in 2015 and the state and local tourism tax revenue each state took in.

State Travel Spending, Tax Revenue, 2015, in billions 2015 Alabama $12.6 $798 million Alaska $1.9 $187.8 million Arizona $21.0 $1.7 billion Arkansas $7.3 $511.9 million California $122.4 $9.9 billion Colorado $19.1 $1.1 billion Connecticut $8.7 $910 million Delaware $3.1 $486 million Florida $108.8 $11.3 billion Georgia $26.7 (2014) $3 billion Hawaii $15.1 $1.7 billion Idaho $3.3 $245 million Illinois $36.3 $2.7 billion Indiana $11.5 $1.3 billion Iowa $8.1 $583.6 million Kansas $6.5 $588 million Kentucky $8.7 $1.4 billion Louisiana $11.5 $1 billion (state only, 2016) Maine $5.6 $554.7 million Maryland $16.8 $2.3 billion Massachusetts $20.2 $1.3 billion Michigan $22.8 $2.4 billion (2014) Minnesota $14.4 $930 million Mississippi $6.2 $626 million Missouri $13.0 $1.4 billion Montana $3.7 $194 million Nebraska $4.7 $667 million Nevada $33.5 $3.2 billion New Hampshire $5.4 $436 million New Jersey $41.2 $4.7 billion New Mexico $6.3 $629 million New York $63.1 $8 billion North Carolina $22.0 $1.8 billion North Dakota $3.1 $323 million Ohio $33.0 $3.2 billion Oklahoma $8.6 $634 million Oregon $10.7 $464 million Pennsylvania $39.7 (2014) $4.2 billion Rhode Island $4.2 (2013) $682 million South Carolina $20.2 $1.5 billion South Dakota $3.8 $270 million Tennessee $18.4 $1.6 billion Texas $68.7 $6.1 billion Utah $8.2 $1.2 billion Vermont $2.6 $473 million Virginia $22.9 $1.6 billion Washington $20.7 $1.8 billion West Virginia $4.5 $527 million Wisconsin $12.3 $1.5 billion Wyoming $3.4 $175 million

JULY/AUGUST 2017 44 STATE LEGISLATURES STATESTATS STATESTATS

hirty-five percent of Americans will travel as a family this year, according to a AAA survey. That means some 105 million people could see at least one state travel slogan—those catchy little phrases that tourism BY THE NUMBERS officials across the country devise to lure throngs of money-spending visitors to their states. Some slogans, T like “Grand Canyon State” (Arizona), remind us of natural wonders; others, like “Dream Big” (California), U.S. Travel evoke a state of mind. Still others—“This Is Iowa”—seem, well, self-evident. Whatever the wording, the goal is the same: to claim a share of resident and international travelers’ spending, which averaged $2.7 billion a day in 2016, according & Tourism to the U.S. Travel Association. —Kathleen Quinn

$2.3 trillion Economic output generated by domestic and international visitors in 2016 ($990.3 billion in direct travel expenditures that spurred $1.3 trillion more in related industries)

15.3 million Jobs supported by tourism (8.6 million directly in the travel industry and 6.7 million in related industries)

$248.2 billion Total wages earned by American workers directly employed by travel industry

$157.8 billion Tax revenue travel spending generates for federal, state and local governments

2.7% Percentage of nation’s GDP attributed to travel and tourism

1 in 9 U.S. jobs that depend on travel and tourism

Top 10 Travel is among the top 10 industries in 49 states and D.C. in terms of employment

$1,250 Additional amount every U.S. household would pay in taxes annually without the tax revenue generated by tourism

Source: U.S. Travel

Note: Travel spending for the U.S. Virgin Islands was $1.3 billion in 2015; tax Association, 2016 data revenue was not available. Neither figures were available for Puerto Rico. Source: NCSL, 2017 STATE LEGISLATURES 45 JULY/AUGUST 2017 THE FINAL WORD Robert A. DeLeo

Speaker, Massachusetts House

obert DeLeo grew up in an Italian-American family in East Boston. Thank you for hosting the Legislative Summit. Why is it important He earned degrees from Northeastern University and Suffolk for state lawmakers to gather each year? It’s a tremendous RUniversity Law School. DeLeo became involved in public opportunity for folks from all over the country to get together, service at an early age, serving as a town selectman before being compare notes and share ideas. I always enjoy hearing speakers elected to the Massachusetts House in 1990. He was chair of the from other states, learning from them and taking their ideas back Ways and Means Committee before becoming speaker in 2009. home, and in some cases implementing them, to make what we’ve done here even better. How has the legislature changed over the years? It’s become a more professional place, a more serious place. With all the When did you become interested in public service and why? various updates in communication, the way we interact One of my very first political memories was of the 1960 with the public has changed. One thing that I am Democratic National Convention. I was so transfixed by proud of is that we have the largest number of the image of the ever-charismatic local hero John F. women in leadership in the history of our state. Kennedy. After watching him, I got up on my kitchen table and started to imitate his gestures and words What does it take to be an effective leader? A and his vision of hope. The rostrum where I stand as good leader needs to be a good listener. As an speaker of the House is where President Kennedy gave example, in 2014, when we decided to take up his legendary City Upon a Hill speech. I am mindful gun legislation—to strengthen what we already every day of the contribution this state has made to the had and close some of the loopholes—I had greatness of our country. discussions with House members, experts, advocacy groups who wanted stronger laws, What would surprise people most to learn about you? and opponents, gun owners and those who What I hear consistently from folks is that they generally felt the laws were strong enough but that feel more comfortable speaking to me than they expected, certain changes could be made. Not everybody probably because of my title. They tell me they couldn’t was completely happy, but ultimately we had believe how much I listened to them and expressed a a piece of legislation which was hailed as the willingness to find a solution to their problem. strongest in the nation. Do you attribute that to your upbringing? Yes, in What is your proudest accomplishment? The the neighborhood where I grew up, there was a sense gun legislation. I’ll never forget the day the news of obligation that when someone was going through came on about the massacre of school children in a tough time, whatever it may be, we were there to help. Newtown, Connecticut. I can remember pounding the Quite frankly, I think it prepared me very well for the job I console of my car saying that we had to do something about have today. Whether you’re a first-term rep or a speaker of these massive killings throughout the country. I was proud the House, your major objective has to be to help people. that we took up gun legislation and passed it. Another proud moment was when a young mom with two children with What do you do for fun? I’m sort of a workaholic, to be very autism stopped by my office and talked about the problems honest. I look at this as a seven-day-a-week job. But there are she and her husband were having making ends meet because a couple of things I do love. I love spending time with my first of the medical bills. I didn’t know her, she wasn’t even from my grandchild. And I’m a huge sports fan, especially a Red Sox district, but she convinced me that we had to do something. fan. And we did. We required insurance to cover the costs of caring for children with autism. That same woman came back to see What final words would you like to share? We want to me after the bill was signed to profusely thank me. Stories like welcome everyone to Massachusetts and especially to Boston. that—when you make a difference in a person’s life—give me We look at Massachusetts as a great place to work, visit and do the greatest sense of accomplishment. business. Massachusetts offers so many things—the beach, our beautiful Berkshires, our culture, our great educational What do you know now that you wish you’d known when institutions, the finest medical facilities in the world and you first got elected? To be cognizant of the wording I use. The the best sports teams. Make sure to take a nice walk higher I have progressed, the more I realize you have to be careful through the North End, see a little bit of history and enjoy a good to make sure that the thought you wish to convey is conveyed correctly. Italian dinner.

JULY/AUGUST 2017 46 STATE LEGISLATURES THE FINAL WORD Stanley C. Rosenberg

President, Massachusetts Senate

tanley Rosenberg was first elected to the Massachusetts House in Thank you for hosting the Legislative Summit. Why is it important for 1986 and the Senate in 1990. He served as chairman of the Senate state lawmakers to gather each year? It’s an opportunity to hear how SWays and Means committee and majority leader before being different regions of the country are dealing with the same problems elected Senate president in January 2015, becoming the first openly you’re dealing with. It’s networking, it’s informing yourself, and it’s gay leader of the 40-member body. Rosenberg was raised in foster also an opportunity to have some input into the national policies care and graduated from Revere High School and the University of or directions that NCSL may be moving in as they interact with Massachusetts Amherst. the federal government on behalf of the states.

What does it take to be an effective leader? It starts with listening, When did you first become interested in public and having some vision. But it’s also being open to the vision service and why? I was doing community that others bring to the table and creating an inclusive work, both professionally and avocationally. and transparent process, so that even when you can’t I was working in the arts and in training go in the direction that a member or a group wishes programs for people to get involved in to go in, they at least know they had a meaningful affecting public policy, both in the local opportunity and know why you’re moving in a community and statewide arenas. Of different direction. course, that meant I was touching both local government and state government. How has the legislature changed over the years? I was encouraged by others, because The members are increasingly college-educated. of the work I was doing and how they They serve an average of 10 years and then move observed the work I was doing, to on, either up or out. The problems they’re dealing consider running for public office with are more and more complicated. More and someday. I talked with some of the more millennials are being elected, bringing with them local elected officials and got some changed expectations about the speed with which the advice, which included, “Get a job at the legislature operates and the means of communication, most Statehouse and within six months you’ll noticeably emphasizing new and social media. know if you want to be an elected official.” I was able to get a job, and I knew within What is your proudest accomplishment? There are so six months that if I had the opportunity, I many touch points because I’ve been around for a lot of would run. That was 30 years ago. years. Most days you help one person or one business or one community. And then after years of work, you finally get a What do you do for fun, to destress from the piece of legislation through which will affect the whole state, pressures of the legislature? Who says I do? and may or may not be permanent. And some go beyond (chuckles) This is not a job, it’s a lifestyle. I used the state. Whether it’s a cultural facilities bill, the same-sex to love to cook. I’m sure I will someday again, but marriage battle in Massachusetts or higher education capital there’s no time to cook. I used to love to garden, investments to modernize our teaching facilities—those but I haven’t been able to garden for three years. I come along after many, many years of work. Those are the do still get to travel some, happily, and I do enjoy most rewarding times, when you know you’re going to have that, but it’s mostly travel for work. I try to tack on the ability to affect a very large group of people, potentially a day or two here and there when I travel for work. for a long period of time. In the meantime, every day you take some pride in helping one person, one group or one What final words would you like to share? Serving business at a time. in the legislature is an honor and a privilege. The seat you occupy you do so two or four years at a time. What advice do you give to new legislators? Basically, You are the steward of that seat—you don’t own it. you’re here to serve, and when you finish your service you will have done a lot for a lot of people. But if you come Jane Carroll Andrade, a contributing editor to the in the door thinking people are going to reward you by magazine, conducted these interviews, which have been naming a bridge for you, you probably are going to be edited for length. disappointed.

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