Stateline

Vol. 25, No. 3 • March 2016

MidwestTHE MIDWESTERN OFFICE OF THE COUNCIL OF STATE GOVERNMENTS

INSIDE CSG Midwest Issue Briefs 2-3 Flint calls the question: What • Education: Ohio shows some success with new uniform college-readiness indicators • Economic Development: State-federal about our water systems? partnership to boost exports authorized • Agriculture: 3 states in Midwest re-examine their corporate farming bans Aging infrastructure, lead pipes, nitrate runoff and funding • Midwest-Canada Relations: Stronger cross- border energy trade and partnerships sought among challenges vexing Midwest’s drinking water systems Around the Region 4 by Jon Davis ([email protected]) Kansas among states considering changes to how supreme court judges are selected he crisis in Flint, Mich., has pushed Investments needed to meet thing goes wrong, says Nick Schroeck, Question of the Month 5 drinking water quality into the drinking water infrastructure executive director of the Great Lakes forefront of national conversation, * Environmental Law Center at Wayne What age criteria do states use to determine T needs over next 20 years jurisdiction over young offenders? but problems with the Midwest’s aging State University. drinking water infrastructure are not new. As systems age beyond their service Plenty of lead pipes nearing the end of $450 million* lives, some health hazards can be con- Profile 8 $7.4 their service lives remain, and nonpoint billion tained by vigilant, skilled water system Illinois House Minority Leader Jim Durkin $7.1 $738 million* source pollution from agricultural runoff billion $13.8 operators — but only to a point, Schroeck billion FirstPerson 9 besets watersheds and municipal water $6 billion says. Aging systems also mean more $1.6 billion* $12.2 systems before ultimately afflicting the $19 $6.5 breakdowns in equipment, boil alerts for Sen. David Burke on a change in Ohio’s billion pharmacy law that he says will save lives Great Lakes, Mississippi River and Gulf billion billion customers, and problems maintaining of Mexico. $4 billion pressure. CSG News & Events 10 States have taken steps to clean up “You always have to have pressure * CSG working with state leaders in North Dakota Dollar gures are based on a 2011 assessment of needs to deliver safe their water systems and sources (several drinking water to the public — for example, investments in pipes, going through these systems; you need on new Justice Reinvestment Initiative of which were noted in Stateline Midwest’s storage tanks, and treatment plants. The needs in Nebraska, North positive pressure,” meaning the pressure Dakota and South Dakota were only “partially surveyed.” September 2015 edition), but the overall inside pipes is greater than pressure Capitol Clips 12 Source: U.S. Environmental Protection Agency, “Drinking Water tab to modernize is tremendous. Infrastructure Needs Survey and Assessment” outside them. This keeps contaminants • States debate transgender bathroom access At least $1 trillion will be required from getting into the system. • Wisconsin, Minnesota hail health care savings nationwide through 2035 to replace pipes “If you have a water main break and “We have an aging infrastructure for • North Dakota dealing with $1 billion shortfall at or reaching the end of their service you don’t have that positive pressure, then water in this country, and particularly in • ‘Ban the box’ laws enacted in two more states lives, according to a 2010 report, “Buried you can get water leaking into the system the Midwest,” Mason says. “Eventually No Longer: Confronting America’s Water and there is the potential for health we’re all going to have to pay the piper Infrastructure Challenge,” from the hazards,” says Schroeck, adding “there are on aging infrastructure.” American Water Works Association. literally lives at stake with breakdowns in The Midwest’s aggregate share (in- Out of sight, but not out of mind this infrastructure.” cluding Missouri) was estimated at One outcome of the Flint disaster is Stateline Midwest is published 12 times a year $172.2 billion. ater infrastructure is critical, but that water infrastructure, at least for the by the Midwestern Office of “As daunting as the figures in this being underground, it’s “out of time being, is now “top of mind,” among The Council of State Governments. report are,” the authors say, “the prospect Wsight, out of mind” until some- the public and policymakers at all levels Annual subscription rate: $60. of not making the necessary investment To order, call 630.925.1922. is even more chilling.” PLEASE TURN TO PAGE 6 The U.S. Environmental Protection Agency’s 2011 “Drinking Water Needs Survey and Assessment” came in much Clean drinking water has been lower, however, estimating a total invest- almost a given in the Midwest, but ment of $77.4 billion over 20 years. aging infrastructure and nonpoint CSG Midwestern Office Staff For Cory Mason, the Wisconsin rep- source runoff (along with human Michael H. McCabe, Director error) is straining that assumption. resentative who chairs the nonpartisan Tim Anderson, Publications Manager The tragic water crisis in Flint, Jon Davis, Assistant Editor/Policy Analyst Great Lakes Legislative Caucus (CSG Mich., has raised awareness about Cindy Calo Andrews, Assistant Director Midwest provides staff support to the that aging infrastructure and Ilene K. Grossman, Assistant Director caucus), the Flint crisis is a two-pronged Lisa R. Janairo, Program Director the need to replace it. Part of the Laura Kliewer, Senior Policy Analyst warning: first, of the dangers of “really responsibility to protect drinking Gail Meyer, Office Manager bad decision-making”; second, of local water and ensure public health rests Laura A. Tomaka, Senior Program Manager and state water systems in need of repairs with states and their legislatures. Kathy Treland, Administrative Coordinator and Meeting Planner Katelyn Tye, Policy Analyst and upgrades. CSG MIDWEST ISSUE BRIEFS

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

students in Ohio needing remedial coursework has College readiness rules in Ohio Midwestern states’ policies for student lessening need for remediation, dropped from 40 percent to 32 percent. placement into postsecondary courses In late 2012, a few months after passage of HB 153, but rate still tops 30 percent the presidents of 13 Ohio public universities and 23 n 2012, concerned about the high rate of stu- community colleges reached a shared understanding dents who had to take remedial-level math and of what it meant for a student to be “remediation-free” IEnglish classes during their first year of college, in math, science, reading and writing. Ohio legislators decided to intervene. For example, a student who scores 22 or And the early results under HB 153 are promising. higher on the math portion of the ACT is deemed With this law in place, Ohio now sets college remediation-free for that subject. If a student readiness indicators across all of its public colleges scores below the threshold, institutions may also and universities. These statewide standards are consider high school GPA or other assessments. then used to determine which students are placed Despite the recent progress, Ohio education into remedial-level versus college-level classes State has statewide common policy for leaders say the remediation rate remains too high and during their freshman year. student placement into credit-bearing post- more work needs to be done. They are recommending: “By establishing this consistent threshold, secondary courses • new strategies that would allow students students, high school teachers, parents and all stake- State has systemwide common policy for who need remediation to enroll in credit-bearing holders can understand and work toward reaching such placement courses while also receiving the necessary aca- the common threshold for readiness,” says Rebecca State has no common placement policy demic support; Watts, associate vice chancellor of P-16 initiatives at • deeper involvement by high school academic the Ohio Department of Education. Source: Education Commission of the States and career advisers in creating pathways that help These indicators also address concerns that some students transition from K-12 schools to success students were unnecessarily being placed in remedial Though the remedial courses are often necessary in higher education and a career; and classes. Previously, institutions were able to select for future postsecondary success, students taking • development of customized “mathematics their own placement assessments and expectations, them are at a disadvantage because they are not pathways” that align a student’s coursework in so a student deemed “college ready” at one school earning credits like their peers in college-level classes. this subject area with what will be needed in her might be placed in a remedial-level class at another. Between 2012 and 2015, the percentage of or his major program of study and future career.

Brief written by Katelyn Tye, staff liaison to the Midwestern Legislative Conference Education Committee. She can be reached at [email protected]. The committee’s co-chairs are North Dakota Sen. Kyle Davison and South Dakota Rep. Jacqueline Sly.

Economic Development

State-federal partnership to Dakota in the Midwest) received STEP grants total- Midwestern states’ total expo rts, ing $17.4 million. These grants support a variety of increase business exports gets 2013 (U.S. rank in parentheses*) congressional reauthorization services — for example, participation in international trade missions, marketing products and campaigns, $3.73 billion state-federal partnership that helps small- export trade show exhibits and export training. (44) $20.77 billion and medium-sized businesses in the Midwest “For our new-to-export companies, STEP has been (20) $23.11 $1.59 billion reach global markets has been reauthorized the catalyst for them to enter the world of exporting billion $58.65 A (49) through 2020. through training and travels to international markets,” (19) billion $13.89 billion (8) The State Trade and Export Program, or STEP, was says Donavon Johnson, resource management group $7.39 billion (28) $50.80 included in legislation signed into law in February. director with the North Dakota Trade Office. (36) $66.09 $34.16 billion billion billion (9) It provides states with matching funds to help more “For the more experienced North Dakota export- (6) (13) small businesses export their goods and services. ers,” he adds, “the STEP program has allowed them to $12.47 billion (30) The Council of State Governments, through increase their sales by selling into new foreign markets.” the work of the State International Development In Wisconsin, the state’s Economic Development * The rankings include the 50 U.S. states as well as the District of Organizations, helped federal lawmakers and trade Corporation is using part of the grant money to fund Columbia, Puerto Rico and the Virgin Islands. agencies develop the reauthorization language. (SIDO its ExporTech Graduate Assistance Project. Designed Source: U.S. Small Business Administration (using U.S. Census Bureau data) is a CSG affiliate.) for businesses that already have an export expansion “The STEP program has been instrumental in our strategy, the “graduate-level” program offers educa- STEP’s new authorization language also aims shared mission to help more small businesses sell tion on compliance with foreign markets, translation to strengthen coordination between federal trade their products or services in the global marketplace,” services, and assessments on different global markets. promotion offices and the states. This, in turn, should says Andy Karellas, director of federal affairs for CSG “Wisconsin is putting its STEP grant funds to good help small firms navigate an export process that can and SIDO. “Those exports help support and create use, connecting Wisconsin companies with interna- involve more than 20 federal agencies. thousands of good-paying jobs in the states.” tional market opportunities,” says Katy Sinnott, vice Lastly, the U.S. Small Business Administration will SIDO helps manage the program at the state level. president of international business development for now be required to analyze and report on the impact of In 2015, 40 states (all but Indiana and South the Wisconsin Economic Development Corporation. future trade agreements on the nation’s smaller firms.

Brief written by Laura Tomaka, staff liaison to the Midwestern Legislative Conference Economic Development Committee. She can be reached [email protected] . The committee’s co-chairs are Michigan Sen. Ken Horn and Nebraska Sen. Heath Mello.

2 STATELINE MIDWEST MARCH 2016 Agriculture & Natural Resources

or from contracting with farmers to grow livestock. In 3 Midwest states, future of % of farms in Midwest that are In Nebraska, a previous ban on corporate owner- corporate farming bans in doubt family-owned and -operated ship of land was ruled unconstitutional, but meatpack- or North Dakota Sen. Terry Wanzek, recently ers are still prevented from owning in-state livestock, passed legislation in his state to provide ex- 97.2% including by entering into contracts with producers. 96.9% Femptions to a ban on corporate hog and dairy This year, however, LB 176 lifted the restriction in 97.0% farming is all about the preservation of the family 96.6% one sector of the livestock industry — pork production. farm — including his own. 97.0% Nebraska’s longtime restrictions have been designed “My cousin owns a dairy farm next door to our crop 96.2% to prevent vertical integration in the market. But ac- 96.8% farm,” explains Wanzek, who sponsored SB 251 last year. 97.0% cording to Sen. Ken Schilz, meatpackers have been able 96.0% “He is investing heavily in updated facilities, but if we 96.7% to pay farmers in a neighboring state to feed hogs and wanted to incorporate together to add value to my crops, 96.8% then process them in Nebraska. They could not contract any corporation would be illegal should our children with in-state farmers to do the same thing, he adds. inherit it, because they are not closely enough related.” Source: 2012 Ag Census, U.S. Department of Agriculture Some of his colleagues, though, are not con- SB 251, passed by the North Dakota Legislative vinced that LB 176’s changes are best for agriculture, Assembly, would provide the necessary exemptions. processors in operation. “And when we do, it will help and family farms, in Nebraska. Specifically, it would allow corporations to own our grain industry. “Fair prices for livestock require an open market,” up to 640 acres for a dairy or hog farm; corporate “We are a nation of family farmers, many of which Sen. Al Davis says. “Contract production takes this ownership of any other type of farming operation, or incorporate because of liability concerns. This bill isn’t away, and as it increases, farmers lose that open and of farmland, would remain illegal in North Dakota. going to change that. What I do hope it does is ignite public market. Nebraska’s ban on packer ownership has “We have to provide ways for family farms to grow the livestock industry and help the crop farmers too.” kept hog farms under the control of family farmers.” and continue to the next generation,” Wanzek says. Contentious debate over corporate farming laws Sen. Beau McCoy agrees. He notes, too, that the But opponents of the legislation (including the is nothing new for the Midwest. Starting in the 1970s, state’s corporate restrictions on owning cattle have long North Dakota Farmers Union) say SB 251 is not as farm profitability dropped and farms grew larger been in place — and will continue to be under LB 176. the answer, and they gathered enough signatures to across the country, this region became the center of “Nebraska is the No. 1 cattle-feeding state, and yet force a statewide vote on it in June. A “no” vote would a movement to restrict corporate farming. it bans packer ownership of cattle,” McCoy says. “How mean that corporate dairy and hog farms owned by Over the years, many of these laws have been can the hog industry be that different?” individuals further apart than three degrees of kinship removed or weakened by court rulings or legislative South Dakota also bans contract feeding or owner- would remain illegal. changes. And this year in North Dakota, Nebraska and ship of hogs (but not of other livestock). But Sen. Gary Sen. Joe Miller, also a farmer, is leading a coalition South Dakota, the restriction issue has sparked intense Cammack, sponsor of SB 98, says his bill would ensure of farm groups working for a “yes” vote. policy discussion, inside and outside of state capitols. “that all species are treated equally, ending the practice “We have to grow our dairy industry,” says Miller, Traditionally, state restrictions have prevented of additional restrictions on hog farms.” As of early noting that the state currently only has two milk corporations from either owning land and/or livestock March, SB 98 seemed likely to pass the Legislature.

Brief written by Carolyn Orr, staff liaison to the Midwestern Legislative Conference Agriculture and Natural Resources Committee. She can be reached at [email protected]. The committee’s co-chairs are North Dakota Sen. Don Schaible and Iowa Sen. Mary Jo Wilhelm. Midwest-Canada Relations

Citing benefits of continental With this new agreement in place, the three note that a mix of factors already make the three market, U.S., Canada, Mexico countries are expected to more freely share countries “a single [semi-integrated] energy market.” pursue closer ties on energy information in areas such as: Those factors include geographic proximity of Canada, • improvements in energy- Mexico and the United States to one another; their anada and the United States have long been efficiency equipment; isolation from other markets; and each other’s most important energy partners, • deployment of carbon capture, Energy production, use the fact that many energy commodi- Cwith annual trade between the two countries use and storage technologies; in North America, 2014 ties are already traded freely in this economic sector at nearly $100 billion. • strategies to help communi- % of total % of total “Having an integrated system, Source Cross-border pipelines bring natural gas and oil ties adapt to climate change; and production consumption where we can draw power from south to major U.S. markets, and two Midwestern • best practices to reduce emis- Oil 38.6% 41% each other across North America, states, Minnesota and North Dakota, imported 12 is a security benefit for all of us,” sions from the oil and gas sectors. Gas 30.5% 30% percent of their electricity from Canada in 2014. says D’Autremont, adding that a The three countries have also “North America is an integrated market,” Coal 18.2% 16% continental market also leads to begun producing a continent- notes Dan D’Autremont, speaker of the Legislative Nuclear 8.5% 8% greater efficiencies. Assembly of Saskatchewan. wide outlook on trends in energy Other D’Autremont is leading a resources, infrastructure, pro- 4.3% 2% But leaders at the federal, state and provincial renewables region-wide effort to strengthen duction and trade. levels are taking steps now to deepen the two the energy relationship between the Hydro N/A 2% countries’ relationship, this time with an emphasis D’Autremont believes all three Midwest’s states and provinces, as Source: The Shift Project on sharing information and working more closely countries will gain from the strength- chair of the Midwestern Legislative on innovations to reshape the future of energy policy ened relationship. “It is to all of our Conference’s Midwest-Canada and energy use across the entire continent. benefit to maintain a continental Relations Energy Subcommittee. In February, leaders of the U.S., Canadian and market, to gain the benefits of efficiencies, to gain the The subcommittee will meet in June to explore Mexican federal energy departments signed a benefits of shorter transportation routes no matter state and provincial policies on renewable energy and new Memorandum of Understanding Concerning where the energy comes from” in the region, he says. to discuss energy trade, including the expanded use Climate Change and Energy Collaboration. In the “2015 Trilateral Energy Outlook,” the authors of renewable resources such as hydropower.

Brief written by Ilene Grossman, staff liaison to the Midwestern Legislative Conference Midwest-Canada Relations Committee. She can be reached [email protected] . The co-chairs of the Midwestern Legislative Conference Midwest-Canada Relations Committee are Indiana Sen. Ed Charbonneau and Manitoba Minister Drew Caldwell.

STATELINE MIDWEST MARCH 2016 3 AROUND THE REGION

States and the U.S. Nomination of Supreme Court Supreme Court: More uncertainty over big cases judges again a big issue in Kansas

n the wake of the death of Supreme Court Justice ore than a half-century ago, some unpopu- Antonin Scalia earlier this year, some of the big lar political maneuvering in Kansas caused Mode of selecting state supreme court Iconstitutional questions before the court this Mvoters there to create one of the nation’s judges in the Midwest term have been overshadowed by questions about more unique structures for appointing judges to the future of the court itself. a state supreme court. Who will replace Scalia? And when? That change purposefully reined in the nomina- And there also is this question: How will the tion powers of state elected officials, namely the absence of a ninth member affect the outcome of governor. Over the past few years, the legislative and some key cases involving states and state legislatures? executive branches have been exploring ideas to get The U.S. Supreme Court has two choices in cases some of that authority back. that will be decided by a 4-4 vote. The first is to “Kansas is the only state in the country where the wait for a ninth justice to join the court and rehear selection of supreme court justices is controlled by a the case; the second is to issue a non-precedential handful of lawyers,” Gov. Sam Brownback said in his decision that affirms the lower-court decision. annual State of the State address this year. According to Lisa Soronen, executive director of He has been among the state’s political leaders Merit Nonpartisan Partisan the State and Local Legal Center, that first scenario pushing for a constitutional change, one that would selection election election (waiting for a ninth member) appears likely in at least either alter Kansas’ merit-based selection process or Source: National Center for State Courts two cases — one on state redistricting practices, a get rid of it altogether. second on the constitutionality of “fair share” laws. Like many states with merit-based appointment One legislative trend, he says, has been to consider In the redistricting case, plaintiffs say states should systems, Kansas uses a nominating commission to moving to a “quasi-federal” model: allow the gover- draw their maps based on the population of voting- create a pool of candidates to fill open positions to nor to choose anyone who meets basic minimum eligible residents. States have typically redrawn their the Supreme Court. requirements and then provide a state senate or other districts based on total population. Unlike other states, a majority of members on “collegial body” with the power of consent. “This case seems ripe for rehearing unless Kansas’ commission (five of the nine) comes from These proposals are “quasi-federal” because they Justice [Anthony] Kennedy sides with the liberals,” a vote of the state’s practicing attorneys (the other differ from the U.S. constitutional model in important Soronen says. four members are appointed by the governor). When ways. For example, state supreme court judges, once She predicts a similar outcome in a case over choosing a Supreme Court justice, the Kansas governor appointed, would still face voters in retention elec- state “fair share” laws, which require public sector must choose from one of the three candidates selected tions. Another difference is the inclusion of a “default employees who don’t join a union to still pay for by the commission. Once on the court, a justice is then confirmation mechanism.” costs associated with collective bargaining. soon subject to a retention election. “So if the Senate doesn’t act,” Raftery says, “the Kansas’ independent nominating commission process is not held up.” has been part of the state Constitution since 1958. In Kansas, for example, one measure (HCR 5005) A year before, incumbent Gov. Fred Hall had been would require the state’s upper chamber to vote on a defeated in the Republican primary nominee within 60 days (if in session) and then resigned from office. But the Capital Closeup or within 20 days of the beginning of lieutenant governor appointed Hall to the next legislative session. fill a vacant Supreme Court seat — a According to Raftery, Kansas’ HCR move that caused a political scandal and 5013 reflects another legislative trend: that served as a catalyst to change the proposals that would retain the use of nomination process in order to avoid judicial nominating commissions, but favoritism. put control of their members more in Brownback and some legisla- the hands of elected officials. Even with the loss of Scalia, Soronen says, con- tors, though, believe the current process is too servatives on the court are likely to prevail in a third “undemocratic.” Overview of process in Midwest A constitutional amendment introduced in the case with ramifications for affirmative action policies In the Midwest, five states currently employ some Kansas Legislature would discontinue the use of a around the country. At issue is a race-conscious type of judicial “nominating” or “qualification” nominating commission and create a process similar admissions policy at the University of Texas. commission as part of its merit-selection process. to the federal model: nomination by the governor and “Justice [Elena] Kagan is recused [from the In states such as Iowa, Indiana and Nebraska, there consent by the state Senate. This proposal has thus case], and Justice Kennedy is no fan of affirmative is an even split between the number of commis- far failed to get the super-majority vote needed for action,” Soronen says. sioners elected by attorneys and appointed by the legislative approval. Texas is also at the center of a dispute between governor. One spot on these states’ commissions the federal government and about half the U.S. states But lawmakers continue to search for alternatives, is also reserved for a justice of the supreme court. over a presidential executive order protecting certain with HCR 5013 being one of the latest constitutional In all five of these states, supreme court justices immigrants from deportation (known as “deferred changes under consideration. (though initially selected via merit selection) face action”). With a 4-4 vote, a lower court’s decision This proposal would keep the state’s judicial nomi- retention elections once their initial term is complete. to put President Obama’s plan on hold would stand. nating commission but expand its membership to 15: In the Midwest’s six other states, justices come to Lastly, justices will weigh in on the constitutional- four elected by attorneys in the state, five appointed by the supreme court via a direct election by the people. ity of state abortion laws — specifically in this case, the governor and six appointed by legislative leaders South Dakota was last to change its method of judicial a Texas requirement that abortion providers have from both political parties (the majority party in each selection; it moved to a merit-based system in 1980. In hospital admitting privileges and that abortion clinics chamber would get two appointments; the minority all Midwestern states, altering the method of supreme meet the standards of an ambulatory surgical center. party in each chamber would get one appointment). court selections requires a constitutional amendment. Kennedy will again be the swing vote — this time perhaps in favor of liberals on the court. Proposals to tweak judge selection Article written by Laura Kliewer, a CSG Midwest senior “[He] voted to prevent these laws from going policy analyst. She can be reached at [email protected]. ansas is not the only state where legislators into place before the court decided to review the Capital Closeup is an ongoing series of articles focusing on are scrutinizing how judges to the “court of case,” Soronen notes, an indication that “he may be institutional issues in state governments and legislatures. last resort” are selected, according to Bill skeptical of the laws, making a 4-4 vote less likely.” K Previous articles are available at www.csgmidwest.org. A lower court upheld the Texas law. Raftery of the National Center for State Courts.

4 STATELINE MIDWEST MARCH 2016 FIRST PERSON QUESTION OF THE MONTH

boundaries” for juvenile courts. However, four QUESTION: What age criteria do states use to determine jurisdiction in states in the Midwest are exceptions to this rule. cases that involve a young person charged with violating the law? Kansas, Minnesota, South Dakota and Wiscon- sin set the minimum age at 10. In these states, individuals below this age who violate the law According to the National Center for Juvenile instead receive child protective services. Accord- Justice, every state has a set of “age boundaries” Age boundaries for determining ing to the 2014 study “Juvenile Offenders and that help determine jurisdiction in these cases juvenile court jurisdiction Victims,” states that do not set a lower age bound- — in particular, whether they should go through ary rely on common law or case law to determine juvenile court or criminal court. State Upper age Extended age Lower age how to handle cases involving younger offenders.

As of 2014, most U.S. states (41) set the “upper Illinois 17 20 None In addition to age, other factors can determine age” of juvenile court jurisdiction at 17. This age jurisdiction of a case — for example, the type Indiana 17 20 None limit, though, is lower in two Midwestern states: of violation, first-time vs. repeat offenses, and Wisconsin and Michigan, where the upper age Iowa 17 19 None statutory language that leaves the decision to for juvenile court jurisdiction is only 16. the discretion of judges and/or local prosecutors. Kansas 17 22 10 Under twin proposals introduced this past fall in Every U.S. state has laws allowing at least some Wisconsin (AB 378 and SB 280), the state’s non- Michigan 16 20 None juvenile-age offenders to be transferred to adult criminal court. However, this type of transfer can also violent, first-time 17-year-old offenders would no Minnesota 17 20 10 longer be tried as adults. The sponsors of these bills be limited or prohibited in state statute, and one of point to studies showing that young people with Nebraska 17 18 None the common constraints is the age of the offender. criminal records are less likely to graduate from high school and have more difficulty finding work. North Dakota 17 19 None In the Midwest, eight states specify that an individual under a certain age cannot be tried in criminal court Ohio 17 20 None Neither of these Wisconsin measures had made (no judicial or prosecutorial discretion is allowed, it out of legislative committee as of February. A South Dakota 17 20 10 regardless of the offense). The region’s minimum proposal in Michigan (HB 4955) to change that transfer ages are as follows: age 10 in Kansas and state’s upper age from 16 to 17 passed out of a Wisconsin 16 24 10 Wisconsin; age 13 in Illinois; and age 14 in Iowa, House committee earlier this year. Illinois was Source: National Center for Juvenile Justice Michigan, Minnesota, North Dakota and Ohio. the last Midwestern state to make such a change, with passage of HB 2404 in 2013. reports, the oldest age at which a state’s juvenile Article written by Tim Anderson ([email protected]), CSG Every state also provides the statutory authority court may retain jurisdiction of an offender ranges publications manager. Question of the Month highlights for juvenile courts to “extend” their jurisdiction of from age 18 (Iowa) to 24 (Wisconsin). an inquiry sent to the CSG Midwest Information Help Line: a juvenile after he or she exceeds the upper age [email protected] or 630.925.1922. limit. In the Midwest, the National Center for Justice It is less common for states to have “lower age

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THIS YEAR’S FEATURED PRESENTATIONS AND SPEAKERS INCLUDE ...

2016 Elections Preview Effective Communication Water and the Midwest The Art of Political Rhetoric Ken Rudin, host of “Ken Rudin’s in a Polarized Environment Charles Fishman, author of Stephen Lucas, University Political Junkie” and former Kathleen Hall Jamieson, “The Big Thirst: The Secret of Wisconsin professor of NPR political editor director of the Annenberg Life and Turbulent Future of rhetoric, politics and culture Public Policy Center Water”

STATELINE MIDWEST MARCH 2016 5 COVER STORY

CONTINUED FROM PAGE 1 States struggle to find the billions needed to repair, replace drinking water infrastructure

of government. If that leads to more money going to Aggregate needs for investment in In the wake of water crises in Flint (drinking replace this aging infrastructure, Schroeck says, “that’s water mains, 2011-2035, by region water being contaminated) and Detroit (water be- a silver lining to a really, really tragic situation.” (Missouri included in Midwest region) ing shut off due to residential bills not being paid), a host of bills have been introduced in Michigan, Cost to replace Cost to account Region Total including a “Human Right to Water Act.” Minnesota eyes statewide water plan old water mains for growth This proposal (HB 5101) frames a 10-bill pack- Minnesota has begun increasing its spending on Midwest $147 billion $25 billion $172 billion age dealing with — among other subjects — water water infrastructure as part of a constitutional Northeast $92 billion $17 billion $109 billion access, billing, service shut-offs and testing. And amendment passed eight years ago by the Legislature South $204 billion $303 billion $507 billion under HB 5120, local water users would have to and the state’s voters. Starting in 2009, the state’s West $83 billion $154 billion $237 billion be notified within 72 hours of a “Tier II” violation sales tax was raised by 0.375 percent to fund water, of the state’s drinking water standards. (Tier II is outdoor preservation and arts initiatives. Total $526 billion $498 billion $1 trillion defined in Michigan law as violations or situations Approximately 33 percent of the money from Source: American Water Works Association, “Buried No Longer: Confronting America’s Water Infrastructure Challenge” other than short-term exposure to contaminants the Legacy Amendment is dedicated to a Clean that could “have serious adverse effects on human Water Fund, of which at least 5 percent must be health.”) used to protect drinking water sources. Funded at the state’s clean water infrastructure as a whole Within Flint itself, the city has launched a $55 projects include loan programs to help smaller rather than picking one project at a time,” says million “Fast Start” initiative to replace lead pipes communities pay for infrastructure upgrades, Matt Swenson, the governor’s press secretary and with copper ones, kick-started by $2 million from watershed and groundwater well monitoring, and senior communications adviser. the state and technical expertise from the city of desedimentation. Lansing, which is in the midst of its own lead pipe “It’s given us a pretty good income stream to State responses to Ohio, Michigan crises replacement program. deal with drinking water issues,” says Rep. Denny wo years ago, a harmful algae bloom in Lake Flint officials have also announced a low- McNamara, who chairs the House Environment and Erie knocked the city of Toledo’s water system interest $25 million loan program from Union Natural Resources Policy and Finance Committee. offline for a short time, leaving hundreds T Labor Life Insurance Co. to further boost the More recently, Gov. Mark Dayton announced of thousands of people without their supply of program. First in line are houses in neighborhoods plans earlier this year for a $1.4 billion bond drinking water. with the highest concentration of children under package that would include $220 million to help The crisis garnered national attention and led 6, senior citizens, pregnant women, people whose communities upgrade their drinking water sys- one year later to the passage of SB 1, which targets immune systems are compromised, and homes tems and fund projects that protect water quality. a primary source of these toxic algae blooms — where tap water tests have already shown high If approved by the Legislature, the governor’s nutrient runoff in the western Lake Erie basin. lead levels. plan would include $80 million for a water infra- The new law bans the spreading of manure In a March press release, Gov. Rick Snyder structure funding program, $62 million to help on frozen or snow-covered soil, or when the top outlined some of the state responses to the crises: municipalities upgrade treatment plants, and $25 two inches are saturated. It also bans granular million to assist local governments in matching fertilizer from being laid if local forecasts call for • offering $30 million in credits on residents’ federal grants or low-interest loans. heavy precipitation. Other parts of SB 1 require water bills dating back to April 2014; These funds would augment existing financing additional phosphorus monitoring at wastewater • assisting homeowners with lead abatement; programs already administered by the Minnesota treatment facilities and establish the state-level • replacing water fixtures in day care centers, Public Facilities Authority. position of harmful algae management and re- hospitals and schools; “I think we’ll have broad, bipartisan support for sponse coordinator. • placing nine nurses in local schools to moni- that [bond package],” McNamara said in advance Some Ohio lawmakers are also now calling tor students’ health; and of his state’s 2016 legislative session. for a constitutional amendment to invest in local • supplying free bottled water, water faucet With the greater state investment, too, will come water systems. Introduced last year, SJR 3 would filters (and their replacement cartridges) and a first-ever attempt by Minnesota to develop a com- authorize the issuance of $1 billion in bonds over water testing kits. prehensive plan that guides its future investments. the next 10 years to help local governments pay According to Snyder, the state had spent $70 “This is the first time that anyone has looked for sewer and water infrastructure. million between October 2015 and early March.

Examples of recent state actions, proposals to protect drinking water supplies and users

Illinois lawmakers passed “right to know” legislation (HB 4021) in 2009 that requires all water users to be notified when their drinking water has been contaminated. Previously, the state’s Environmental Protection Agency only had to notify water supply owners and operators. Two years ago, the General Assembly expanded the reach of the state’s Clean Water Initiative — which makes hundreds of millions of dollars in low-cost loans available for local governments to upgrade their wastewater, stormwater and drinking water infrastructure.

HSB 601, proposed this year in Iowa, would add drinking water treatment facilities and systems to the list of projects eligible for help from the Iowa Finance Authority, which oversees the State Revolving Fund for water infrastructure, along with several housing and agricultural finance programs, and create a cost-share program for landowners aiming to improve water quality of the local watershed if a project will reduce nutrient runoff under the state’s 2012 Nutrient Reduction Strategy. It would also provide financing for that program by extending the state’s 6 percent sales tax rate until 2050 and adding water quality to school infrastructure or property tax relief as eligible sales tax-funded endeavors. (That rate is currently set to revert to 5 percent after 2029.)

In Michigan, in addition to the emergency actions and funding assistance for Flint in the wake of that city’s drinking water crisis, legislators introduced a 10-bill package that includes the proposed Human Right to Water Act (HB 5101). The legislative package also addresses water access (HB 5177), billing (HB 5097, 5110 and 5178, SB 678), service shut-offs (HB 5122, SB 655), water quality testing standards (HB 5094) and public notice of violations (HB 5120).

A year after Minnesota legislators approved SF 5, which requires water-quality buffer strips on an estimated 110,000 acres of land, they are now considering a $1.4 billion bond proposal from Gov. Mark Dayton that includes $220 million to help communities upgrade their drinking water systems and fund water quality protection projects. SF 5 requires that for lakes, rivers and streams, the average width of the vegetation buffer must be 50 feet. For all public ditches, a buffer width of at least 16.5 feet is required. Placing vegetation near these waterways will help filter out phosphorus, nitrogen and sediment.

In 2014, Nebraska legislators created a new fund (LB 1098) to better manage and protect the state’s water resources. About $11 million a year (from the general fund) is now going to the Water Sustainability Fund. It, in turn, finances a variety of local water initiatives. The statutory goals of the new fund include remediating or mitigating threats to drinking water.

Members of the Ohio Legislature’s Lake Erie Legislative Caucus are contemplating whether to seek a referendum on a proposed constitutional amendment, SJR 3, that would authorize the issuance of $1 billion in bonds over the next 10 years to help local governments pay for sewer and water infrastructure. Last year, lawmakers passed SB 1, a bill that seeks to address nutrient runoff in the Lake Erie basin. In 2014, a toxic algae bloom in Lake Erie caused a contamination of the city of Toledo’s supply of drinking water.

6 STATELINE MIDWEST MARCH 2016 FEATURE STORY

Action brewing in cities, and D.C., too “The collective ‘we’ have “We have known known there is a problem for ome cities didn’t wait for legislative action many years … and it hasn’t there is a problem before acting to “get the lead out.” Madison, been a priority for many for many years ... SWis., spent $15.5 million over 11 years to re- reasons to go in and replace move all lead pipes in the late 1990s and early 2000s them,” Schroeck says. and it hasn’t been after a series of consent orders with Wisconsin’s “Flint has shined a light Department of Natural Resources. on this problem, but people a priority for many In Michigan’s capital city of Lansing, local in the industry have known reasons.” officials are removing their lead pipes and have about this for years.” offered technical assistance to Flint. The U.S. Environmental Nick Schroeck, executive In February, a lawsuit filed in an Illinois circuit Protection Agency is cur- director of the Great Lakes court seeks to force the city of Chicago to replace rently considering revisions Environmental Law Center its lead pipes. (Chicago required lead water-service to the Lead and Copper Rule, pipes until 1986; the Chicago Tribune recently soliciting comments about reported that almost 80 percent of properties in the how to improve oversight of corrosion control city still have lead connections, and that city officials treatments and potential requirements for “ad- lead pipes, including into customers’ meters. do little to warn residents when work on water mains ditional actions that equitably reduce the public’s That recommendation is now getting a lot of might create higher levels of lead in their tap water.) exposure to lead and copper when corrosion attention from the EPA and the U.S. Congress, The federal Lead and Copper Rule, which limits control treatment alone is not effective.” Brammeier says. concentrations of those elements in drinking water Flint’s crisis exposed gaps in the existing rule. “That would be a huge shift nationally to go and sets acceptable pipe corrosion levels, says cities And these gaps “are the most significant policy down that path,” he adds. “It would be a significant should replace old lead and copper water fixtures. question at hand right now,” says Joel Brammeier, recalibration of how we pay for water.” While lead’s health hazards are well known president and CEO of the Chicago-based Alliance Rep. Mason hopes at least one positive can (there is no safe ingestion level and no cure for for the Great Lakes. come from the tragedy in Flint. lead poisoning), the problems with copper are One concern, he notes, is how states’ water “It put everyone on notice that you’d better more complex. Bodies need it for proper metabolic samplers conduct tests and interpret data. figure out the expiration date on your aging and organ functions, but too much can cause upset Currently there is much confusion about the infrastructure and start making plans to replace stomachs, nausea and diarrhea, and other tissue testing methodologies that determine lead and [it],” he says. damage (primarily in the liver). copper levels and, as a result, potential violations As if that’s not difficult enough, Mason says, A lack of coordination and funding between of existing health standards. what happens if there’s no political will to do federal and state governments, utilities and The EPA’s National Drinking Water Advisory anything? customers has prevented the wholesale removal Council, meanwhile, is recommending that the “I think that’s going to be the toughest question of the nation’s old pipes, Schroeck says. federal government pursue a full replacement of going forward.”

State-federal collaboration needed to protect nation’s supply of drinking water For decades, protecting the U.S. supply of drinking water has been a U.S. EPA to hire staff as well as develop guidance and application materials responsibility shared by all levels of government, with a federal law and and a credit subsidy model). state-federal revolving funds helping direct and finance efforts to ensure “The great thing about WIFIA is its leveraging ability” and the way it public health. compliments tax-exempt financing, says Tracy Mehan, executive director Under the Safe Drinking Water Act (first enacted in 1974), the U.S. of government affairs for the American Water Works Association. Environmental Protection Agency establishes quality standards for drink- Depending on its credit rating, a city like Flint might not qualify, but ing water, testing protocols, and national limits on contamination levels. if a $60 million WIFIA loan is made to Michigan, with its higher credit States oversee implementation of the act in their respective jurisdictions. rating, the state could leverage that into $600 million and use those funds The Drinking Water State Revolving Fund was created in 1996. Money as grants for lead pipe removal, Mehan adds. from the fund comes from a congressional For communities, too, the potential appropriation and is awarded to the states, Infrastructure assistance via benefits of WIFIA include low borrowing which must provide a 20 percent match. The U.S. Drinking Water State Revolving costs as well as provisions that do not require states, in turn, support various local drinking Fund (estimates for FY 2016) repayment until five years after project water projects — for example, replacing and completion and that allow for a 35-year fixing pipes, or upgrading treatment plants payback period. and storage facilities. Through their revolving $8.4 million The WIFIA fund was authorized for $20 $15.0 funds, states can offer loans (from 0 percent million million in fiscal year 2015, $25 million in to market rate) or other types of financial $8.4 million $14.6 the current fiscal year and $35 million in million assistance. $26.1 FY 2017 (with continuing ramp-ups to $50 million More recently, the U.S. Congress has $12.6 million in FY 2019). $8.4 million million $23.3 $13.6 developed another way to support these $35.0 million The U.S. EPA is gearing up to offer loans local infrastructure projects: the Water million million via WIFIA in 2017, pending congressional Infrastructure Finance and Innovation Act $9.6 million appropriations, Mehan says. of 2014. This law provides low-interest loans “Negotiations are still in progress,” he

that cover up to 49 percent of the costs for Source: U.S. Environmental Protection Agency says. “We’d like to think that given the WIFIA large water projects (no less than $20 million) fix [in 2015], we’ll get something.” of regional or national significance. Some state environmental officials op- As first enacted, the law barred the use of tax-exempt bonds to fund the posed WIFIA, saying it would take federal dollars away from the Drinking remaining 51 percent. (Most local communities use these types of bonds Water State Revolving Fund. To address some of these concerns, federal to finance their water infrastructure projects.) The U.S. Congress removed lawmakers included language giving states a “right of first refusal” — when this barrier in December, but still hasn’t appropriated money for the WIFIA the U.S. EPA receives an application for assistance under WIFIA, a state loan fund. (It did appropriate $2.2 million in December 2014, allowing the can request that it instead receive a grant from the State Revolving Fund.

STATELINE MIDWEST MARCH 2016 7 STATELINE PROFILE Illinois Rep. Jim Durkin Veteran lawmaker has taken on key leadership role during turbulent, and crucial, time for government in his home state

by Katelyn Tye ([email protected])

im Durkin grew up in a self-described blue- collar, Democratic family in the suburbs of Bio-sketch of Rep. Jim Durkin JChicago and first got introduced to politics in the 1970s by his older brother.  House Republican leader since 2013; served in But it wasn’t until the 1980s that Durkin found Illinois House from 1995 to 2002, then returned in his own interests in public service and government 2006 — and also his political home.  “The enthusiasm about Ronald Reagan and former assistant Illinois attorney general and as- patriotism made me feel really good about the sistant Cook County state’s attorney country,” Durkin recalls, “and I was able to identify  lives in Chicago suburb of Western Springs with his with a lot of his policies.” family That led him first to become active in local Republican politics and, eventually, to the Illinois statehouse. “I decided I didn’t want to be a guy sitting on “It’s important to talk to people who will be impacted by the sidelines,” Durkin says of his decision in 1994 to run for a House seat after previously serving policy changes. Someone’s going to be affected, and we have as a local prosecutor and as an assistant state attorney general. to make sure there are no unintended consequences.” Two decades later, he is now leading Illinois House Republicans through a turbulent time in the state’s What are some of your most memorable mo- system, particularly on issues related to wrongful political history. Illinois has been operating without Q: ments in Illinois politics and the legislature? convictions in capital punishment cases— for a budget this fiscal year due to an ongoing impasse One of the most memorable moments hap- example, concerns about the reliability of eyewitness between Republican Gov. Bruce Rauner and the A: pened after I lost my race for the U.S. Senate testimony and the testimony of jailhouse informants. Democrat-controlled General Assembly. Meanwhile, in 2002. Even though I was beaten pretty handily in the How and why did you get involved in that policy issue? a reform of the state’s ailing pension system remains general election, I was able to get a lot done without I was a former prosecutor and knew how an elusive, yet essential, legislative priority. any money in a primary race against two millionaires. A: the [criminal justice] system works. I passed “The environment we exist in right now has About a year and a half later, then-state Senator some pretty hard-hitting bills out of the Illinois House become very, very challenging,” Durkin says. Barack Obama came up to me and said, “Jim, I’m [in 2002], but they were never called for a vote in the But since the beginning of his tenure in the thinking of running for the U.S. Senate. There’s a Republican-controlled state Senate. But after the bills Illinois legislature, the work has been interesting bunch of rich guys in the race, just like you had, and were passed out of the House, the Illinois Supreme — from being involved in the impeachment of a I’m going to do what you did back in 2002. I’m going Court, by rule, gave criminal defendants the right governor, to working with a future U.S. president, to outwork them, I’m going to get every newspaper to have depositions made of the witnesses on capital to contributing to history-making changes in endorsement, and I’m going to have a great grass- punishment cases. criminal justice policy. roots organization.” Then poof — he wins the primary Two years later, state Senator Obama incorporated In a recent interview with CSG Midwest, Durkin and eventually becomes president of the United States. my legislation into a larger bill to force the use of a reflected on his career in Illinois politics and I’m not saying I gave him the inspiration to run pretrial reliability hearing on testimony of a jailhouse discussed the policy challenges that he and fellow for the U.S. Senate, but I distinctly remember that informant. I believe it made the system — which is legislators must now confront. Here are excerpts. moment when he said he wanted to capture what I never perfect— better. It’s not about getting a convic- had done in my primary campaign. tion or a not-guilty verdict, it’s about finding the truth. How has the politics in Illinois changed from Q: when you were first elected to the House? You also served as ranking member of the What advice do you have for newly elected There was a time back in the 1990s, and maybe Q: House committee that oversaw the historic Q: legislators? A: even the early 2000s, when there was much impeachment proceedings of Gov. Rod Blagojevich, The easiest way to get up to speed on an issue more collegiality on both sides of the aisle. We would who ultimately was removed from office by the A: is to talk to a colleague with that background. do our work, but we would go out and have dinner legislature. What do you recall from that experience? It’s also important to talk to the people who will be together. We don’t have that anymore. Now, our side That was not an easy thing to do, and impacted by policy changes. At the end of the day, feels the Democrats aren’t doing enough to bring the A: I took a very balanced and measured someone’s going to be affected, and we have to make budget impasse to a resolution, and Democrats feel approach toward it. We had an awesome responsi- sure there are no unintended consequences. the same way about us. This frustration boils over on bility, and we had to understand our role, not only Joining the legislature is like drinking out of the [House] floor, which you can tell by the tenor of as the impeachment committee, but also the full a firehose. It’s important to observe and not try the debate. House of Representatives, which basically served to do too much at once. Work on building alli- as the grand jury. I had spent a lot of time as a ances — not only among your own members, but In addition to trying to resolve the state’s cur- prosecutor in the grand jury [process], so I was among the other party, because you’ll need their Q: rent budget impasse, what are your top policy able to look at it from that perspective, and was support as well. priorities for this legislative session? able to educate the Republican caucus about what New legislators also need to realize they’re not exactly our responsibility was. Ultimately, we did going to get everything you want, so if you can get 75 It’s extremely important that we revisit pension the right thing, made the right decision, and the percent of what you originally intended to do, you do reform. It’s been almost nine months since the A: state’s better off for what we did. it and you embrace it. If you’re successful and get that state Supreme Court stated that our [reform] bill from much signed into law by the governor, then you figure a few years ago was unconstitutional. There seems to Earlier on in your career, you had a role in some out how you can get that 25 percent as part of a future be more of a willingness to revisit that issue, and to Q: of the big reforms of Illinois’ criminal justice legislative initiative. Rome wasn’t built in a day. me, that’s a priority for this year. We can’t give up.

8 STATELINE MIDWEST MARCH 2016 FIRST PERSON A FORUM FOR LEGISLATORS AND CONSTITUTIONAL OFFICERS Restricting emergency refills of expired prescriptions can cost lives Ohio man’s death sparks reform of state’s ‘rigid’ refill law

by Ohio Sen. David Burke

or Dan and Judy Houdeshell, Jan. 8, 2014, is the date that their worst nightmare, as As a pharmacist, I Emergency prescription re ll laws in Midwestern states* Fparents, had become reality. know firsthand how While on vacation in Florida, they received the phone call informing them that their 36-year old hard it is for those son, Kevin “Howdy” Houdeshell, had passed away in his home from ketoacidosis, a complication that with a chronic illness diabetics prevent with routine insulin treatments. Kevin Houdeshell, from a suburb of Cleveland, to monitor expiration was diagnosed with diabetes at the age of 27, and dates for their he regularly took insulin to help manage his blood glucose levels. In Kevin’s final days, he faced an various medication. uphill battle while attempting to refill his expired insulin prescription, without success. with me, I was deeply disturbed because I knew State has law allowing prescription refills As a pharmacist, I know firsthand how difficult this tragedy was avoidable. without a doctor’s authorization during a it is for individuals dealing with chronic illness to Our law was too rigid to accommodate individual non-specified health emergency** monitor expiration dates for their various medication. emergencies — allowing pharmacists to dispense State does not have law allowing emergency only up to a 72-hour supply in emergency situations. prescription refills A failure to connect turns fatal The law was originally intended to allow pharmacists to dispense refill prescriptions in * As of November 2014, 12 states (none in the Midwest) and the District of Columbia It is common for pharmacists to assist patients in had passed laws allowing pr escription re lls during a speci ed public-health cases of emergencies, such as natural disasters renewing medications by contacting their physicians emergency, such as a disease outbreak or natural disaster. and major power outages. Also, many medications ** Of the ve states allowing prescription re lls during a non-speci ed emergency, directly. However, when Kevin’s pharmacist tried to can be filled in 72-hour supply packages; however, Kansas allows a seven- to 15-day supply, Ohio and North Dakota allow a 72-hour reach his physician, he was unsuccessful because the supply, and Indiana and Iowa call for a “reasonable quantity” to be made available. others, such as insulin, cannot. (Eective March 23 of this year, Ohio will allow up to a 30-day supply under a law physician’s office was closed for the New Year holiday. It was clear that more needed to be done to equip passed in December 2015). In the days following New Year’s Day, at no pharmacists to deal with these unique situations. Source: Healthcare Ready (November 2014) fault of his own or the physician, Kevin was still We brought together a coalition of doctors, unable to connect with his physician because they pharmacists and patient advocacy groups to had conflicting schedules. I truly believe that the best public policy is reach a consensus and help us produce legislation After several days away from work, recovering derived from life experiences and constituent that included emergency refill provisions and from what he believed to be the common flu, Kevin outreach. In my tenure as a member of the Ohio expanded the scope of working relationships stopped responding to friends’ and co-workers’ Legislature, I have worked on many different between physicians and pharmacists. attempts to contact him. One of his friends stopped issues and bills, but working with colleagues and State Reps. Nathan Manning and Steve by the house to check on him, only to find that constituents to find reasonable solutions will Huffman (a practicing physician) carried the flag Kevin had passed away. always be the most rewarding. for this issue in the House, where they introduced During this process I have learned that Kevin It is easy for individuals to be consumed by companion legislation in the form of HB 188. Houdeshell’s story is not as rare or unique as one their symptoms and not realize the severe health The legislation allows pharmacists to dispense might think. implications they face. When my good friend and emergency refill supplies to patients when the I encourage all my fellow lawmakers across colleague, Sen. Gayle Manning, shared this story following criteria are met: the Midwest to review their corresponding laws • The pharmacist is unable to contact the and statutes to see if a similar resolution may be prescribing physician. applicable in their state, as it could one day make • The prescription is not a controlled substance the difference in saving someone’s life. • The patient is on a consistent drug therapy Ohio Sen. David Burke, a Republican from Marysville, was program and it is documented that the patient appointed to the Ohio Senate in 2011 and elected to a full has previously refilled the prescription with the term in 2012. He previously served as state representative pharmacist. from 2009-2011. • The refill does not exceed a 30-day supply or the standard unit of dispensing. • The pharmacist exercises his or her best professional judgment. Submissions welcome In many states, expired prescriptions for medication This page is designed to be a forum for legislators and cannot be refilled — or can be refilled only in small, After passing the Senate in December 2015, HB constitutional officers. The opinions expressed on this page possibly insufficient amounts — in an emergency 188 was signed into law by Gov. John Kasich later without a doctor’s authorization. This situation, that month and took effect this month. do not reflect those of The Council of State Governments or which can threaten the lives of people caught up in Under the new requirements, pharmacists can the Midwestern Legislative Conference. Responses to any an individual emergency or a public-health crisis FirstPerson article are welcome, as are pieces written on such as a disease epidemic or natural disaster, has only dispense an emergency refill for a patient once many legislators and health advocates urging that per year. This ensures that the patient promptly other topics. For more information, contact Tim Anderson states loosen refill restrictions to allow at least a schedules a follow-up visit with his or her physician at 630.925.1922 or [email protected]. 30-day supply of medication for those who need it. immediately following an emergency refill.

STATELINE MIDWEST MARCH 2016 9 CSG MIDWEST NEWS & EVENTS

CSG lends hand to North Dakota leaders Registration discount on new Justice Reinvestment Initiative for MLC meeting runs through May 10 Policy goals are to reduce recidivism, cut costs and improve public safety egislators who register for this year’s bipartisan group of leaders from all three Midwestern Legislative Conference Annual Meeting by May 10 will receive a branches of North Dakota government has Legislative members of L Alaunched a review of the state’s criminal discount on their registration. justice system with help from The Council of State North Dakota’s Incarceration The nonpartisan, family-friendly confer- Governments. Issues Committee ence will be held July 17-20 in downtown The CSG Justice Center has previously worked Milwaukee. Registration can be completed at on justice reinvestment strategies in six other www.csgmidwest.org. Midwestern states: Indiana, Kansas, Michigan, This year’s agenda includes: Nebraska, Ohio and Wisconsin. • A series of policy sessions organized by North Dakota policymakers will focus on the MLC’s five committees: Agriculture & reducing recidivism, lowering corrections spend- Natural Resources, Economic Development, ing, averting costly future expansions of the state’s Education, Health & Human Services, and correctional facilities and increasing public safety. Midwest-Canada Relations. Gov. Jack Dalrymple, Attorney General Wayne Sen. Ron Carlisle, Rep. Jon Nelson, • Featured presentations on the 2016 Stenehjem, Supreme Court Chief Justice Gerald committee chair committee vice chair elections by NPR “political junkie” Ken Rudin VandeWalle and Sen. Ron Carlisle announced the and on effective political communication by new Justice Reinvestment Initiative at a January Kathleen Hall Jamieson, a nationally recognized event inside the state Capitol. authority on political campaigns and rhetoric. “The legislature has focused on criminal • A keynote session on the future of water and justice policy in recent sessions and we are looking water policy in the Midwest by Charles Fishman, forward to continuing this work,” Carlisle said. author of the acclaimed book “The Big Thirst.” He is serving as chair of the Incarceration • A plenary session on the importance and Issues Committee. This interim legislative com- value of investing in families at the early stages of childhood development. mittee includes state lawmakers, members of Rep. Ron Guggisberg Rep. Kim Koppelman the executive branch, police chiefs, a local state’s • Professional development sessions that attorney, district court judges, Chief Justice help legislators improve their social media Vandewalle and Attorney General Stenehjem. strategies and that help them better under- The committee will work with the CSG Justice stand and work with all generations — from Center on analyzing data, engaging stakeholders, the G.I. generation to Millennials. and developing and implementing new policies. • A luncheon presentation from University Between 2005 and 2013, North Dakota’s crime of Wisconsin professor Stephen Lucas on rate increased by 6 percent and the prison population “The Art of Political Rhetoric: Speeches That spiked by 19 percent, pushing the state’s correctional Changed American History.” facilities to capacity. If no action is taken, the prison Sen. John Grabinger Sen. Terry Wanzek population is expected to grow another 75 percent between 2015 and 2025, from 1,751 to 3,061 people. “We welcome this opportunity to further spending on corrections is as cost-effective as review our criminal justice system and build on possible, while adhering to our high standards of our work to reduce recidivism and to ensure that public safety,” Gov. Dalrymple said. The rise in the prison population has led to Events for guests of all ages increases in corrections spending. From biennial CSG justice reinvestment initiatives budget years 2005 to 2015, North Dakota’s general Numerous daytime activities have been in Midwest fund appropriations to the North Dakota Department planned for the adult guests of attendees — of Corrections and Rehabilitation increased 114 for example, a Milwaukee boat cruise, an percent, from $83 million to $178 million. afternoon at the Milwaukee Art Museum, and More than half of the incarcerated population a tour of some of the city’s famed breweries. in North Dakota is being held in county jails, The children of meeting attendees, meanwhile, causing a strain on those facilities. Between 2005 will have the chance to go to a world-class zoo and 2015, the county jail population increased by and other kid-friendly cultural attractions. 82 percent, from 959 to 1,754 people. The MLC Annual Meeting’s evening social The state’s top-to-bottom analysis of its criminal events include the Opening Night Reception at justice system is also made possible by a partner- the Milwaukee Public Museum, Family Night ship with the Pew Charitable Trusts and the U.S. at Discovery World and the State Dinner at the Department of Justice’s Bureau of Justice Assistance. historic Mackie Building. Staff support for the MLC and its Annual State has received or is receiving technical A comprehensive policy package will be ready assistance from CSG Justice Center for legislators to consider when they reconvene Meeting is provided by CSG Midwest. for the 2017 session. Wisconsin Rep. Joan Ballweg is leading the host state’s planning efforts as MLC chair.

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

10 STATELINE MIDWEST MARCH 2016 Applications due April 6 for Midwest’s premier legislative leadership program

egislators wanting to participate in this year’s Bowhay Institute for Legislative Leadership About the BILLD program Development program must submit their L  the only leadership program designed applications by April 6. This year’s BILLD program will be held Aug. 12- exclusively for newer state legislators from the CALENDAR 16 in Madison, Wis.; applications are available at Midwest (in their first four years of service) www.csgmidwest.org.  BILLD Fellows are chosen by a bipartisan Designed for state lawmakers in their first four UPCOMING MIDWESTERN LEGISLATIVE Steering Committee of the Midwest’s state years of service, BILLD includes a mix of sessions CONFERENCE AND THE COUNCIL OF STATE on public policy, professional development and legislatures GOVERNMENTS EVENTS leadership skills. These sessions are led by nationally  This year’s program will be held Aug. 12-16 renowned policy experts; legislative leaders from  There are more than 700 BILLD graduates, GREAT LAKES LEGISLATIVE the Midwest; and specialists in areas such as media CAUCUS MEETING training, consensus building and time management. including current members of the U.S. Congress and July 15-16, 2016 The highly interactive curriculum also gives several of the Midwest’s top legislative leaders Milwaukee, Wisconsin participants the chance to meet, learn from and work with lawmakers from across the region. Contact: Lisa Janairo ([email protected]) Each year’s class includes legislators from all 11 920.458.5910 Midwestern states and four Canadian provinces. www.greatlakeslegislators.org Now in its 21st year, the five-day leadership institute is run by CSG Midwest’s Midwestern 71ST ANNUAL MEETING OF THE Legislative Conference in partnership with the A bipartisan group of the Midwest’s legislators MIDWESTERN LEGISLATIVE University of Wisconsin-Madison’s La Follette (the Midwestern Legislative Conference’s BILLD CONFERENCE School of Public Affairs. Steering Committee) oversees the program — includ- July 17-20, 2016 Each BILLD fellowship covers the cost of ing the annual selection of BILLD fellows. Milwaukee, Wisconsin tuition, lodging and meals; participants also For more information about BILLD or the Contact: Gail Meyer ([email protected]) receive a nominal travel stipend to help cover a application process, contact Laura Tomaka at 630.925.1922 portion of any travel-related costs. 630.925.1922 or [email protected]. www.csgmidwest.org

22ND ANNUAL ‘BILLD’-ing relationships on annual visit to Iowa Capitol BOWHAY INSTITUTE FOR LEGISLATIVE LEADERSHIP DEVELOPMENT (BILLD) August 12-16, 2016 Madison, Wisconsin

Contact: Laura Tomaka ([email protected]) 630.925.1922 www.csgmidwest.org

CSG HENRY TOLL FELLOWSHIP PROGRAM August 26-31, 2016 Lexington, Kentucky

Contact: Kelley Arnold ([email protected]) 800.800.1910 www.csg.org/LeadershipCenter/TollFellows.aspx

CSG NATIONAL CONFERENCE December 8-11, 2016 Colonial Williamsburg, Virginia

Contact: Kelley Arnold ([email protected]) 859.244.8000 www.csg.org

As part of a visit this year to the Iowa Legislature, CSG Midwest staff met with alumni of the Midwestern Legislative Conference’s Bowhay Institute for Legislative Leadership Development, or BILLD, program.

Several BILLD Fellows from the Iowa House of Representatives gathered for this picture (from left to right): Clerk of the Iowa House Carmine Boal (a former legislator), Rep. Josh Byrnes, Rep. Kraig Paulsen, Rep. Joel Fry, Rep. Dawn Pettengill, Rep. Chris Hall, Rep. Dan Kelley, CSG Midwest director Mike McCabe, House Speaker Linda Upmeyer, CSG Midwest assistant director Ilene Grossman, Rep. Timi Brown-Powers, Rep. Vicki Lensing, Rep. Cindy Winckler, Rep. Mary Lynn Wolfe, Rep. Todd Taylor, and Rep. Zach Nunn.

Every year, CSG Midwest staff travels to the region’s state capitols to meet with legislators, other state leaders and legislative staff. The purpose of these visits is to learn how CSG can best meet the needs of legislators and its other constituents. CSG provides staff support for several interstate groups of state elected officials, including the Midwestern Legislative Conference.

STATELINE MIDWEST MARCH 2016 11 CAPITOL should be left toshould beleft schoolofficials. local decisions onbathroom useandaccess tory. Inhisveto message, Daugaard said ponents deridedthemeasure asdiscrimina would helpprotect op student privacy; The bill’s legislative proponents saidit March. Gov. Daugaard Dennis vetoed HB1008in that correspond withtheirgenderidentities. using schoolbathrooms andlocker rooms tion law banningtransgender students from toyear passafirst-in-the-na intheirefforts Dakota South Dakota, Illinois South access to bathrooms in overClash transgender vacy stallsto theboys’vacy andgirls’ locker rooms. Tribune The student now hasaccess, the the department’s ofCivil Office Rights. then soonreached and between thedistrict to thegirls’ locker rooms. An agreement was a transgender highschoolstudent’s access violated federal civilrights law by denying tion ruled that an In late 2015,theU.S. ofEduca Department litigation,” henoted inhisveto message. law whileknowing itopenlyinvites federal positionoffollowingin thedifficult state “This billwould schooldistrict place every NONPROFIT ORGANIZATION reports, andtheschoolhasaddedpri U.S. POSTAGE PAID CAROL STREAM, IL legislators fell short this legislators fell short Stateline PERMIT NO. 1859 Illinois schooldistrict Chicago -

Midwest - - CLIPS - March 2016 - The Council of State Governments payment. Five years ago, hecreated theoffice to preventup efforts fraud Medicaid andover Walker unveiled results ofhisstate’s ramped- ary. Amonth later, The studywas Minnesota released inFebru manage disease. patients andtheirproviders prevent and central goalofthismodelisto improve how per-patient payment for coordinating care. A and otherproviders. These clinicsreceive a ordination amongateam ofdoctors, nurses tient-centered approach to care involves co asa to becertified home”:“health This pa Under thismodel, clinicsvoluntarily apply investigators ofMinnesota sity found. measures,others onvarious quality Univer health clinics outperformed participating andMedicareicaid $1billion.Inaddition, evaluation found that this model saved Med appear to have beenrealized. Afive-year The hopesfor this care“health home” model care. and higher-quality care that theysaidshouldleadto lower costs tablished anewway ofpaying for health Eight years ago, programs health care hail savings from new Minnesota, Wisconsin Midwestern Office in overpayments to providers. Medicaid 2015, theoffice recovered nearly$40million 2011 and Between ment of Health Services. general withinthestate’sof inspector Depart 701 E. 22nd Street, Suite 110 Lombard, IL 60148-5095 Phone: 630.925.1922

Fax: 630.925.1930 Minnesota Email: [email protected] Wisconsin www.csgmidwest.org lawmakers es

CHANGE SERVICE REQUESTED Gov. Scott ------drop inprices for farmcommodities, The state’s by a economy hasalsobeenhurt inwestern Dakota hasdeclined. North activity theprice ofcrude oilhasfallen,drillingBecause to $750millionfrom previous estimates. tions from salesandusetaxes —down close resulted from a decline in projected collec Dakota’sNorth biggestdrop inrevenue has ance fundsfrom theprevious biennium. its budgetstabilization fundandendingbal by tapping intowill alsoclose the shortfall Forum ofFargo-Moorhead of4.05percent, cuts agency the-board sponse, Gov. ordered JackDalrymple across- in thestate’s biennialgeneral fund. Inre a revenue ofmore than$1billion shortfall leadersannouncedBudget earlierthisyear the globalmarket for oil. ofchangesinhas begunto feel theeffects before, duringandafter theGreat Recession, enue growth ofotherstates was theenvy Dakota North new economicrealities having to adjustto Dakota leadersNorth changes in North Dakota. changes inNorth 2017 — though not nearly as dramatic as the to have weaker growth infiscal years 2016and ment, many otherU.S. states are alsoexpecting According to theRockefeller Institute ofGovern marck Tribune reports. , whosenation-leading rev reports. The state The Bis The The ------are delayed until later inthehiringprocess. screening process. Background check inquiries onjobapplications andduringtheinitial tory questions aboutanindividual’s criminalhis These laws require publicemployers to remove viduals withcriminalrecords. signed to improve ofindi thejobprospects adopted thebox”“ban laws, whichare de Two more Midwestern states have recently on jobapplications states that thebox’‘ban Ohio,join Wisconsin in 2012). nesota (HF2576in2014)and 2013), (HB 3010in2013), the Midwest includelaws inIllinois enacted their criminalrecords. Recent examples in ple, make iteasierfor individualsto expunge employment barriers. These laws, for exam chance” laws that seek to eliminate other More states, too, have beenpassing “second nesota alsoapplyto private employers. laws inplace. The statutes inIllinoisandMin and ployment Law Project, Accordingon civilservice. to theNational Em islation that changedmany ofthestate’s rules was ofleg signedinto law aspart inFebruary inMarch,took effect and Ohio ’s new thebox”“ban measure (HB56) Nebraska Michigan already have ban-the-box (HB4186in2015),Min Indiana Illinois Wisconsin (HB1482in Ohio , Minnesota ’s AB373 (SB337 ------