Stateline

Vol. 25, No. 11 • November 2016

MidwestTHE MIDWESTERN OFFICE OF THE COUNCIL OF STATE GOVERNMENTS

INSIDE CSG Midwest Issue Briefs 2-3 States face decisions on their • Economic Development: New state goals, policies aim to create better-educated workforce • Passenger Rail: Five-year trends show piece of food-safety system ridership decline on state-supported routes • Nuclear Energy: Plants in Midwest are struggling to stay open New FDA rules will have big impact on farmers, food processors • Health & Human Services: Some states rely on provider taxes to pay for Medicaid expansion by Carolyn Orr ([email protected])

Around the Region 4 etween 2003 and 2009, a string of Election roundup: Results from this year’s high-profile foodborne illnesses # of foodborne disease Annual value of food ballot proposals, legislative races in Midwest Bhit consumers across the United outbreaks in Midwest (2014) production in Midwest* States. State $ (cash receipts) U.S. rank Capital Closeup 5 4 A look at how Iowa uses ‘funnel dates’ to There were salmonella outbreaks from help keep the legislative process moving produce, hepatitis A infections from raw 66 Illinois $19.6 billion 6 or undercooked green onions, and cases 0 30 40 Indiana $12.1 billion 9 Question of the Month 5 of pet foods contaminated with melamine. 17 How do states and individual state agencies 5 And nine people died and more than 700 13 69 Iowa $32.0 billion 2 go about collecting the debt owed to them? 53 got sick from eating salmonella-tainted 9 Kansas $16.2 billion 7 Profile 8 peanut butter traced back to a single Michigan Senate Minority Leader Jim Ananich processing plant in Georgia. Sources: U.S. Centers for Disease Control and Prevention Michigan $8.3 billion 18 In the wake of these deaths and ill- Minnesota $20.6 billion 5 FirstPerson 9 nesses, federal food-safety legislation that had been many decades in the making North Dakota Rep. Thomas Beadle on the to be in areas such as producer education, Nebraska $24.5 billion 3 importance of addressing the ‘benefits cliff’ finally got signed into law. inspection and compliance. The bipartisan Food Safety North Dakota $8.7 billion 17 “The role for states [is] to help their CSG News & Events 10 Modernization Act of 2010 marks the businesses compete and be successful,” Ohio $10.1 billion 11 States get list of strategies for helping most sweeping change in government overseas voters engage in elections process Jamie Clover Adams, director of the regulation of food production and South Dakota $10.0 billion 12 Michigan Department of Agriculture & processing in more than 70 years. Capitol Clips 12 Rural Development, said in July during Wisconsin $12.1 billion 8 It is just now beginning to be • Access to state IDs crucial for released prisoners a presentation to state lawmakers at * Combined, the 11-state Midwest accounts for 44.1 percent of implemented. the nation’s total value of food production • Ohio law on death penalty upheld the Midwestern Legislative Conference The law’s goal is to reduce the prevalence Source: U.S. Department of Agriculture (2015) • Renewables will power Minnesota Capitol Annual Meeting. (CSG Midwest provides of foodborne illnesses by focusing more • Michigan looks to boost reading proficiency staffing support to the MLC.) on prevention, rather than responding to (those typically eaten raw) are produced outbreaks once they occur. (According to ‘Preventive controls’ a must on the farm. the U.S. Centers for Disease Control and These standards specify everything Prevention, close to 48 million Americans For the first time in the nation’s history, from the use of biological soil amend- Stateline Midwest is published 12 times a year get sick every year from pathogens transmit- as a part of a set of new “preventive ments to animal contamination in the by the Midwestern Office of ted through food; nearly 128,000 people are controls” being put in place, the FDA fields, and require documentation of The Council of State Governments. hospitalized and more than 3,000 die.) has established science-based, minimum every aspect of production. Annual subscription rate: $60. To meet this objective, the U.S. Food standards for how fruits and vegetables For example, water that comes in To order, call 630.925.1922. and Drug Administration’s authority to regulate fruit and vegetable production has PLEASE TURN TO PAGE 6 been greatly expanded. (The FSMA does not Final rules for the Food Safety apply to meat, poultry and egg production; Modernization Act are now in place. those industries are covered by other rules.) Designed to reduce the prevalence The 2010 law and subsequent FDA rules of foodborne disease outbreaks, CSG Midwestern Office Staff also impact food processors and transport- the new law sets new standards Michael H. McCabe, Director ers, as well as the animal-feed industry. for fruit and vegetable farmers Tim Anderson, Publications Manager From the farmer to the distributor, new and food processors, among Jon Davis, Assistant Editor/Policy Analyst Cindy Calo Andrews, Assistant Director accountability measures are in place. others. It also requires inspections Ilene K. Grossman, Assistant Director And for states, decisions will have to of facilities. States must decide Lisa R. Janairo, Program Director be made on whether to harmonize their how involved they want to be in Laura Kliewer, Senior Policy Analyst own regulations on food safety with the implementing the act and helping Gail Meyer, Office Manager the food industry adapt to it. Laura A. Tomaka, Senior Program Manager FSMA, as well as how involved they want Kathy Treland, Administrative Coordinator and Meeting Planner Katelyn Tye, Policy Analyst CSG MIDWEST ISSUE BRIEFS

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

higher-education attainment rate of 60 percent among Through new statewide goals and % of working-age population in its adult population. policies, lawmakers look to boost Midwest with postsecondary degree These targets are being set because more work education levels of workforce or certi cate (2014) in the future will require education and job training wo years ago, Gov. Terry Branstad announced beyond high school. Many of these jobs will not that he wants 70 percent of Iowa’s workforce 47.2% require four-year degrees, and in Iowa, one focus has Tto have education or training beyond high 52.9% been on preparing its young people and workforce school by 2025. Since then, he and state legislators 45.1% 47.1% for success in “middle skill” jobs — for example, have taken a series of steps to meet that goal. 43.3% carpenters, machinists, surgical technologists or Most recently, an alliance of government, business 47.3% truck drivers. 47.0% and industry leaders was formed (via a Branstad 43.2% “There is no corner or any other part of the 49.6% 40.9% executive order in August) and charged with develop- state that is not covered by one of our community ing a statewide plan to meet the state’s new objective. 49.3% colleges,” Rep. Mary Ann Hanusa says, “and we And as part of that plan, which is due next fall, Iowa’s believe that they are perfectly suited and situated new Future Ready Alliance must develop new metrics State has goal of having speci c percentage of to fill that area between high school and a four- to track the state’s progress. workforce earn postescondary degree by 2025 year degree.” For example, is the state closing ethnic and racial And this year, with passage of HF 2392, Iowa Source: Lumina Foundation achievement gaps in postsecondary attainment? Are legislators made the first major revision of the more adult learners seeking postsecondary degrees state’s career-technical education system since and credentials? Do the opportunities at postsec- 28 states — including four in the Midwest — now 1989. In addition to setting new CTE standards ondary institutions align with high-demand jobs? have set specific goals to meet by 2025. (such as requiring individualized academic and What are job-placement rates for various degrees, Minnesota’s SF 5, passed in 2015, says 70 percent career plans for students starting in the ninth credentials and certificates? of the state’s 25- to 44-year-olds should have postsec- grade), the law will increase student access to Across the country, more emphasis is being placed ondary degrees or certificates by 2025. Illinois’ goal information about career opportunities and labor on increasing postsecondary participation and attain- is to have 60 percent of its 25- to 64-year-olds with markets. It also will better align the state’s CTE ment. According to the Lumina Foundation, at least college degrees, while Indiana’s objective is to have a programs with employers’ workforce needs.

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..

Passenger Rail

state-supported Illini/Saluki trains and the long Ridership on Midwest’s state- Ridership on corridor service in distance City of New Orleans (Chicago-Memphis- supported lines have dropped Midwest (fiscal years 2006-2016) over past five years New Orleans) grew by 92 percent; and • The Chicago-Quincy corridor, host to the state- Ridership, 10-year 5-year Route idership on seven of nine state-supported supported Illinois Zephyr and Carl Sandburg trains FY 2016 growth growth Amtrak routes in the Midwest has grown by plus the long-distance Southwest Chief (Chicago-Los Chicago-St. Louis 548,955 109% 0% leaps and bounds over the last 10 fiscal years, Angeles) and California Zephyr (Chicago-Denver- R Kansas City-St. Louis 170,751 43% -8% but has dropped during the last five — a situation Emeryville, Ca.), grew by 69 percent. that state officials attribute at least in part to Michigan’s Blue Water service (Chicago-Port Chicago-Milwaukee 807,720 39% -1% construction projects that aim to increase ridership Huron) also saw 10-year ridership rise 48 percent. The Chicago-Detroit/ 411,625 -6% -18% and improve travel times over the long term. only routes in the Midwest to lose 10-year ridership Pontiac, Mich. Total ridership on the routes grew 42 percent were the Pere Marquette (Chicago-Grand Rapids) Chicago-Grand from fiscal years 2006 to 2016 (up to a total of 89,508 -12% -16% and Wolverine (Chicago-Detroit-Pontiac) trains. Rapids, Mich. 2,705,848 passengers), but dropped 8 percent from Tim Hoeffner, director of the Office of Rail at the Chicago-Port Huron, FY 2011 to FY 2016. 183,069 48% -2% Michigan Department of Transportation, said Mich. Corridor improvement projects got underway the drops were due to “infrastructure work and Chicago-Carbondale, after 2011, when federal funds from the American alternative operating schedules.” 262,325 92% -16% Ill. Recovery and Reinvestment Act of 2009 began In 2012, the Chicago-Detroit corridor became the flowing to state departments of transportation. first route outside the Northeast to be rated for 110-mph Chicago-Quincy, Ill. 202,407 69% -10% Illinois saw the region’s greatest 10-year growth on service, and now the line is being double-tracked in Chicago-Indianapolis 29,488 47% -21% state-supported routes (see table at right): order to extend that service to another part of the route. • The Chicago-St. Louis corridor, which hosts Meanwhile, part of the Chicago-St. Louis corridor is Midwest totals 2.71 million 42% -8% the state-supported Lincoln Service trains and the expected to have up to 110-mph service by late 2017. Source: Amtrak, Mdwest Interstate Passenger Rail Commission long-distance Texas Eagle (Chicago-San Antonio), Derrick James, a senior manager for Amtrak, said jumped 109 percent; another reason for the five-year ridership drop is lower fell from $3.40 in FY 2011 to $2.13 in FY 2016, accord- • The Chicago-Carbondale corridor, host to the gasoline prices: The nationwide average price per gallon ing to the U.S. Energy Information Administration.

Brief written by Jon Davis, who can be reached at [email protected]. CSG Midwest provides staff support to the Midwest Interstate Passenger Rail Commission, which was formed by an interstate compact agreement and includes nine member states. Tim Hoeffner, director of the Michigan Department of Transportation’s Office of Rail, serves as MIPRC chair; more information is available miprc.orgat .

2 STATELINE MIDWEST NOVEMBER 2016 Nuclear Energy Health & Human

As more nuclear plants close, Services Illinois bill seeks better market Shutdown nuclear power plants in Midwest conditions for power source Some states turning to hree nuclear plants in the Midwest are provider taxes to pay their scheduled to cease operations permanently share of Medicaid expansion over the next two years, on the heels of other T tarting in January, states that chose to recent, unexpected closures of plants around the expand their Medicaid programs under country, including Kewaunee in Wisconsin. the Affordable Care Act will have to begin Nebraska’s Fort Calhoun nuclear station closed at S paying part of the associated costs, and three the end of October, and the Quad Cities and Clinton of the Midwest’s expansion states say they will plants in Illinois are on the chopping block, pending Shutdown plant Plant shutdown pending rely at least in part on revenue from their taxes action from the state legislature this fall. The owners on health care providers. of the plants have cited economic conditions in their Under the 2010 law, the federal government decisions to cease operations — specifically, cheap Crain’s Chicago Business reported in late October has been fully funding state-enacted changes natural gas and the failure of energy markets to that a draft version of the bill would use the “social that increased the reach of Medicaid to include reward nuclear with the same zero-carbon emissions cost of carbon” (a formula developed by the U.S. adults with incomes at or below 138 percent of credit given to renewable energy sources. Environmental Protection Agency to estimate the ben- the federal poverty level. (Low-income children Shuttering a nuclear plant is not a simple task efits of carbon dioxide reductions) to calculate the base and their parents, pregnant women, and the and, in some cases, comes with economic and subsidies for nuclear plants. Additional adjustments disabled must be covered by all states.) environmental consequences. would then be made based on market conditions. But the federal match falls from 100 percent At a recent forum on nuclear energy organized If the legislation does not pass, Exelon has to 95 percent in 2017, and then to 94 percent in by the University of Illinois, Illinois Sen. Donne promised to close the Clinton plant in 2017 and 2018, 93 percent in 2017, and 90 percent in 2020 Trotter said that the closure of the Clinton and the Quad Cities plant in 2018. With the closures, and beyond. (In comparison, the federal share Quad Cities plants would result in the loss of $21 both communities would lose not only their largest for all Medicaid spending is about 63 percent.) million in property taxes, $1.2 billion in economic job provider, but also a major tax base. In response to a recent nationwide survey activity and more than 4,000 jobs. “When you take that kind of money out of conducted by the Kaiser Commission on Trotter is the co-sponsor of legislation (SB 1585) the local economy and schools, it’s really going Medicaid and the Uninsured, Illinois, Indiana that would establish a new state energy plan and to hurt,” says Illinois Rep. Pat Verschoore, who and Ohio reported that they will rely on improve market conditions for nuclear power. As of represents his state on The Council of State provider taxes or fees to “fund all or part of late October, he was hoping to pass the legislation dur- Governments’ Midwestern Radioactive Materials the state share of costs of the ACA Medicaid ing the Illinois General Assembly’s fall veto session. Transportation Committee. expansion.” These types of taxes are most The Next Generation Energy Plan would establish a The Fort Calhoun nuclear plant in Nebraska, commonly levied on nursing homes, hospitals Zero Emissions Standard, a legal framework for provid- which employed about 700 workers, officially and intermediate care facilities. ing financial support to nuclear plants. This standard closed at the end of October. Fort Calhoun was one States have increasingly come to rely on would require the Illinois Power Agency (which of two nuclear plants in the state and produced a provider taxes to fund Medicaid — 21 had develops electricity procurement plans for residential quarter of the state’s clean electricity. such taxes in place in 2003, Kaiser reports; and small commercial customers) to procure contracts The Nebraska Emergency Management Agency now, every state except Alaska has them. In the for zero-emissions credits from nuclear utilities. receives revenue from the state’s nuclear plants as re- Midwest, Illinois, Indiana, Iowa, Minnesota, imbursement for developing radiological emergency Ohio and Wisconsin had three or more Midwestern states’ consumption of preparedness plans and conducting training for first provider taxes in place as of fiscal year 2015. nuclear energy (2015), contributions responders. With the closure of Fort Calhoun, funding Seven states in the Midwest have chosen to to federal Nuclear Waste Fund for the plans and training will be cut in half. expand their Medicaid populations under the Nuclear energy Now that energy generation at Fort Calhoun Customer payments to Affordable Care Act: Illinois, Indiana, Iowa, State consumption (in Nuclear Waste Fund* has stopped, the plant will undergo a $1 billion Michigan, Minnesota, North Dakota and Ohio. trillions of Btu) decommissioning and decontamination to remove its Illinois 1,023.5 $2.31 billion nuclear fuel and place it in temporary on-site storage, State taxes or fees on health care providers (FY 2015) Indiana 0 0 a process that could take up to 60 years to complete. As at four other shutdown reactors in the Midwest Iowa 43.4 $141.2 million (Zion in Illinois, Big Rock Point in Michigan, and Kansas 89.5 $228.9 million La Crosse and Kewaunee in Wisconsin), the spent fuel will remain at Fort Calhoun until a centralized Michigan 326.8 $844.1 million storage facility or a permanent repository for the na- Minnesota 132.9 $456.7 million tion’s waste is established. (Nuclear energy customers Nebraska 105.7 $305.3 million in the Midwest have contributed over $5 billion to a federal fund that is earmarked for construction of a North Dakota 0 0 repository or centralized storage facility.) Ohio 170.3 $386.0 million In January, the U.S. Department of Energy South Dakota 0 0 launched a national effort to identify communi- ties that would consent to hosting a storage or Three or more state taxes/fees on providers Wisconsin 98.8 $423.9 million disposal site. CSG’s Midwestern Radioactive Materials Two state taxes/fees on providers * Note: the U.S. Department of Energy suspended collection of the Nuclear Waste Transportation Committee is involved in developing Fund fee in May 2014. best practices for transportation of spent nuclear fuel One state tax/fee on providers Sources: U.S. Department of Energy, U.S. Energy Information Administration and radioactive waste as part of DOE’s project. Source: Kaiser Family Foundation and National Association of Medicaid Directors, “Medicaid Reforms to Expand Coverage, Control Costs and Improve Care” Brief written by Katelyn Tye, who can be reached at [email protected]. CSG’s Midwestern Radioactive Materials Transportation Brief written by Tim Anderson, who can be reached at Committee includes representatives from the executive and legislative branches of government in 12 Midwestern states. [email protected]. The committee’s co-chairs are Illinois The committee’s co-chairs are Kelly Horn of the Illinois Emergency Management Agency and Teri Engelhart of Wisconsin Rep. Robyn Gabel and Kansas Sen. Susan Concannon. Emergency Management.

STATELINE MIDWEST NOVEMBER 2016 3 AROUND THE REGION

GOP continues to gain With passage of fall ballot proposals, more legislative seats, big policy changes coming to Midwest control in Midwest states ith the pending shift in partisan control tate constitutions were changed and policies of the Iowa and Minnesota senates to the on issues ranging from medical marijuana to T WRepublican Party, nearly every legislature Sthe death penalty were decided on by voters M and governor’s office in the 11-state Midwest will across the Midwest this November. be led by the GOP over the next two years. In all, 20 ballot proposals were voted on in Power will be divided among the parties in only seven states in the region. Here is a review of some two of the region’s states: Illinois, Republican gov- of the proposals that won voter approval. ernor and Democratic legislature; and Minnesota, Democratic governor and Republican legislature. Nebraskans back death penalty (Nebraska’s Unicameral Legislature is nonpartisan.) Nebraska is one of five states in the Midwest that A decade ago, some form of divided govern- allows for a veto referendum — the chance for vot- ment existed in five of the region’s states. But ers to override the actions of their state legislature. starting with the decisive elections of 2010 (the Nebraskans used that power to reject, by a margin year that decided which party would control of 61 percent to 39 percent, a decision made by redistricting in each state), Republicans have legislators last year to eliminate the death penalty. enjoyed electoral success in much of the Midwest. As a result of this vote, Nebraska remains one In 2009, more Democratic legislators were of five states in the region with capital punishment serving in the Midwest’s 20 partisan chambers (Indiana, Kansas, Ohio and South Dakota are the than Republicans. But since then, the GOP has others). Supporters of the death penalty also won picked up a total of 238 seats. As a result, in 2017, important ballot victories this fall in two states about 63 percent of the state legislators in the outside the Midwest (Oklahoma and California). Midwest will be Republican. V In this November’s elections, the GOP had seat Independent board to set legislative pay gains in nine of the 10 Midwestern states with partisan legislative chambers (a net gain of more Minnesota is one of five states in the region where than 30 regionwide). The lone exception was Kansas, ballot proposals must first receive legislative N where Democrats gained members in both the House approval, and this year, the state’s lawmakers Sources: Ballotpedia and CSG Midwest (+12) and Senate (+1). successfully sought a change in how their own salaries are set. More than three-quarters of Minnesotans South Dakota this fall (third most in the nation). M agreed to change the state Constitution so that Voters rejected two election-reform ideas: one to legislators no longer have the power to determine create an independent, nine-member commission to how much they are paid. That task will now be draw state legislative districts, and a second to make 1000 handled by an independent, citizen-run board South Dakota’s elections nonpartisan. However, — eight appointed by the governor, eight by the they did approve a major revision of South Dakota’s Minnesota Supreme Court chief justice. campaign-finance laws (by a vote of 52 percent to In most Midwestern states, the decision on 48 percent). 00 legislator pay is ultimately left to the legislators In addition to strengthening disclosure and themselves. However, there are other exceptions — reporting requirements, the citizen-initiated a voter-approved constitutional change is required measure creates a method for publicly financing in Nebraska, and in Indiana, a statutory formula ties political candidates: Every registered voter in the 600 the pay of state lawmakers to that of trial court judges. state will receive two $50 credits and assign them to candidates. To receive these credits, candidates Medical marijuana legal in North Dakota must agree to limits on campaign contributions Over the past six months, two Midwestern states and expenditures. 00 have legalized the use of medical marijuana: Ohio via legislative action, and now North Dakota through a Right to hunt, fish in state constitutions 1 1 1 1 2001 200 200 200 200 2011 201 201 201 vote of the people (64 percent to 36 percent). With R The Indiana and Kansas constitutions now give passage of this citizen-initiated statutory measure, individuals the right to hunt and fish. These North Dakotans with specified medical conditions legislatively referred amendments received the Estimated partisan seat gains in state and written notes from their doctors will be able support of more than 80 percent of voters in both legislatures due to 2016 elections* to purchase marijuana from licensed, nonprofit states. “compassion” centers. If individuals live 40 miles According to the Congressional Sportsmen’s GOP or more from a center, they can grow their own Foundation, the constitutions in Minnesota, +16 GOP marijuana for medical use. Nebraska, North Dakota and Wisconsin also give +9 GOP GOP Illinois, Michigan and Minnesota also permit residents the right to hunt and fish. +4 +2 the medical use of marijuana. 0 GOP Illinois funding for roads put in ‘lock box’ Nonpartisan +8 GOP South Dakotans veto youth-wage law GOP To ensure that revenue from Illinois’ road fund 0 +2 +6 South Dakotans used a veto referendum to reject (gas taxes and license fees, for example) is used DEM a legislative decision in 2015 to create a separate, +13 only for transportation purposes, the Illinois lower minimum wage for workers under the age General Assembly asked voters to amend the state of 18 ($7.50 per hour). By a margin of 71 percent Democratic gains Republican gains Constitution. After receiving near-unanimous legisla- to 29 percent, South Dakotans decided that the tive support this year, the “lock box” amendment minimum wage (currently $8.55 per hour) should No net seat gains was overwhelmingly approved by Illinois voters. In apply to everyone. 2014, a similar change was made to the Wisconsin * Figures based on unocial election results and are subject to change In all, 10 ballot proposals were voted on in Constitution.

4 STATELINE MIDWEST NOVEMBER 2016 MLC CHAIR’S INITIATIVE In Iowa, use of ‘funnel deadlines’ helps keep legislative process moving

by Ilene Grossman ([email protected])

ecades ago, after a session of Iowa’s part-time considered “part time” and expect to meet for only Does the state have in-session Legislature dragged into July, the state’s a handful of months. deadlines dictating when bills must be lawmakers agreed they needed to find a way During this time, hundreds of measures are D acted on in order to advance or pass? to prevent that from ever happening again. introduced; as a result, lawmakers rely on formal Their bipartisan solution at the time: Create a State Deadline* rules such as “funnel dates” to help manage the series of deadlines for when bills had to advance bills as well as the legislature’s limited time before or die. Illinois Yes adjournment. (Some states set dates for when First established in 1979, these “funnel dates” Indiana Yes session must end; Iowa does not.) have been an important part of the legislative pro- In this region, most states have deadlines for cess ever since — closely tracked by constituents, Iowa Yes bills; action must be taken by a specific date — by interest groups, Capitol reporters and legislators Kansas Yes a committee or the full legislative chamber, for themselves. example — or they die. Legislative rules can “Even within your own party caucus, an Michigan No provide ways to keep bills alive past the deadlines. upcoming deadline forces people to work to- Minnesota Yes For example, Illinois legislative leaders can gether,” says state Sen. reschedule or extend final action for specific bills, Capital Closeup Janet Petersen, adding Nebraska No and Minnesota’s rules committees have similar that it’s “a good way for North Dakota Yes powers. us to winnow down the In some states, too, the legislature must act on bills we have to consider.” Ohio No all bills that were introduced. North Dakota requires In 2017, for example, South Dakota Yes every measure to be heard in committee (which the first big deadline for recommends a “do pass” or “do not pass” vote) and bill sponsors and legisla- Wisconsin Yes to be voted on by the full legislative chamber from tive committees will come during the eighth week * States such as Iowa, Kansas and Minnesota exempt certain legislative which it originated. In South Dakota, each House of Iowa’s legislative session. That’s when a measure committees and certain types of bills (tax and spending measures, for example) and Senate bill receives a final disposition vote, and from these in-session deadlines. must be reported out of committee or die. Sources: CSG Midwest staff research and state legislative research agencies all introduced legislation in Nebraska must receive a Two weeks later comes the crossover deadline, public committee hearing. when bills fail if they are not passed by the House and “More issues in the legislature would flounder Senate and sent to the other chamber for consideration. without [the deadlines],” Petersen says. Capital Closeup is an ongoing series of CSG Midwest articles And once a bill crosses over, deadlines are in place for focusing on institutional issues in state governments and when a standing committee and the full legislative A lot of bills, not a lot of time legislatures. Previous articles in this series are available at chamber can consider it. (Some measures, including csgmidwest.org. appropriation bills, are exempt from these deadlines.) Like Iowa, many legislatures in the Midwest are

QUESTION OF THE MONTH

In Indiana, the state tries to provide a signer or QUESTION: Do legislatures provide sign-language interpreter services, interpreter for deaf or hearing-impaired persons including services needed by legislators in their work with constituents? for floor debates, committee meetings, scheduled conference committee meetings, interim study committee meetings and meetings with legisla- Most Midwestern legislatures provide sign-lan- • meet with a legislator or legislative staff (a tors. It asks, however, that people make such re- guage interpreter services and/or closed caption- “meeting” includes events at which a legislator is quests for services at least two weeks in advance. ing in order for the deaf and hearing-impaired to speaking and where there is a defined need of a follow and take part in legislative activities such citizen in attendance) and The National Association of the Deaf recommends as committee hearings, floor debates and State • attend a legislative committee hearing (view that state legislatures take a number of steps to of the State addresses. or participate) or view a House or Senate floor improve accessibility, including: session. • providing closed captioning for live broad- To comply with state law and/or the federal casts (and reruns) of legislative activities, American with Disabilities Act — Title II of which Nebraska provides interpreters (upon request) • authorizing the purchase of portable assis- forbids discrimination by any public entity — for committee meetings as well as for proceed- tive listening systems, many legislatures also provide these services for ings of the full Unicameral Legislature. Requests • adopting a written policy that corresponds meetings between individual legislators and con- for interpreters are typically handled through the with state and federal disability laws, stituents, provided these services are requested Nebraska Commission for the Deaf and Hearing • making legislators and legislative staff better in advance. Impaired, which secures an interpreter for meet- aware of state and federal disability laws and the services available to persons with disabilities, and In a recent CSG Midwest survey of legislative staff ings between a legislator and a constituent. Plans • periodically reviewing activities and facilities from the region, some states reported having no also are afoot in that state to provide closed cap- to ensure compliance with disability laws and, if formal policies in place — either because a re- tioning to allow the deaf and hearing-impaired necessary, taking corrective actions to improve quest for services has not been made or because to follow debate on the floor of the Legislature. accessibility for deaf and hard-of-hearing the request is simply handled as it arises. The state of Michigan’s Deaf Persons’ Interpreters constituents. But in states such as Minnesota, the Legislature Act has been in place since 1982. While this law details how it provides “special needs access.” For principally addresses interactions with courts and Article written by Jon Davis ([email protected]), CSG Midwest example, sign-language interpreters are made law enforcement authorities, it also requires “an available for both individual and group meetings. appointing authority, other than a court” to pro- assistant editor and policy analyst. Question of the Month Arrangements can be made for American Sign vide qualified interpreters if needed. Legislative highlights an inquiry sent to the CSG Midwest Information Language services for a citizen who is deaf, hard staff has been reviewing the law to determine its Help Line: [email protected] or 630.925.1922. of hearing, or deaf-blind in order to allow them to: applicability to the Legislature.

STATELINE MIDWEST NOVEMBER 2016 5 COVER STORY

CONTINUED FROM PAGE 1 States in Midwest partnering with FDA to implement new food-safety rules

contact with food sources will have to be tested for microbiological contamination. The frequency of this testing mandate varies — at least five samples The Food Safety Modernization Act: What states should know per year when surface water is used and annual √ Historic new federal rules in place — Seven new rules/regulations (to be enforced by the testing for those farms that rely on groundwater. U.S. Food and Drug Administration) related to food safety have been finalized: New science-based standards will be in place, • science-based, minimum standards on how farms produce raw fruits and vegetables too, on the use of manure in order to “minimize (see sidebar article on page 7 for details), the potential for contact with produce during and • requirements that food processors and manufacturers implement and document “risk- after application.” In addition, farm workers must be based preventive controls” to keep the food supply safe from contamination, trained on the importance of food hygiene and safety. • a verification program for foreign Some fruit-and-vegetable farms will be exempt suppliers of U.S.-consumed food, from these new FDA rules and standards — for • accreditation for third parties to example, if their sales are less than $25,000 a conduct food-safety audits of foreign year. However, commercial produce buyers such facilities where food is imported to the as grocery stores may still require some of these United States; “exempt” farms to follow the new federal rules. • requirements that animal-feed manufacturers implement “preventive Safety plans required of food processors controls,” • standards on the safe transport of he federal government also is changing how food (proper refrigeration and regular it regulates the facilities that process and cleaning of vehicles, for example), and Tmanufacture food for human and animal • mitigation strategies to prevent consumption. (Farms that are “mixed-type” may intentional, wide-scale harm to public also be covered under these new regulations for health processors — for example, a dairy farm that √ Widespread impact on states’ producers — These new FDA regulations will affect a majority processes its own milk or an apple grower that of states’ fruit and vegetable farmers, feed mills and food processors — either directly through new makes dried apple slices.) requirements and inspections, or indirectly through the demands of the buyers of their produce. The Under the Food Safety Modernization Act, the bottom-line expectations for producers is to “say what they do, do what they say, and then validate first step for any of these processing facilities is to what they do and say” in developing procedures and written plans to comply with the new FDA rules. register with the FDA. They must then have a written √ Need for outreach and education — A state can help its entire food-production industry plan that identifies food-safety hazards, details how adjust to the new law by providing information and outreach about the new FDA rules. to prevent contamination and documents the use of these preventive measures. Facilities must also specify √ Possible new inspections role for states — The new federal law requires inspections of the corrective actions taken when a problem occurs. food-production facilities; states can leave this to the FDA or do the inspections themselves (through contracts with the federal government). The new FDA rules require some food manu- facturers and processors to test their products and facilities for bacteria contamination. They all must ensure that their employees are properly trained the nation’s manufacturers of animal feed. Under She suggests a third option: full adoption of the in any tasks related to food safety. the FSMA, the frequency of facility inspections FSMA rules related to human food, animal feed Similarly, food safety plans (known as Current will depend on a facility’s risks to food safety. The and produce safety. This could require legislative Good Manufacturing Practices) will be required of law also directs the FDA to inspect at least 600 action, by changing existing laws or giving state foreign facilities and to double those inspections agencies statutory authority to implement the 7 Midwest states among 42 every year for the next five years. (The federal law FSMA through administrative rulemaking. nationwide receiving federal dollars to requires importers to verify that their food has With this third option, a state would take implement new produce-safety rule* been produced under the same standards required responsibility for helping farmers and other parts of domestic producers.) of the food industry comply with the FSMA. It also Implementing state $ awarded State could carry out the inspection of facilities. agency (FY 2016-2017) Decisions for states on food safety Leah Wilkinson, vice president of the Animal Indiana Department of Health $500,000 Feed Industry Association, says many farmers, and nder the Food Safety Modernization Act, feed mills in particular, would prefer that state Department of states still have the authority to set stronger, Iowa Agriculture and Land $219,000 more protective regulations on food safety. personnel do the mandatory inspections. (The Stewardship U States, too, can determine how involved they want FDA is explicitly authorized in the law to rely on state or local inspectors.) Department of to be (if at all) in carrying out the FSMA and the Kansas $300,000 Agriculture related new rules. In fact, some cooperative arrangements Michigan’s Jamie Clover Adams, a member between the FDA and states are already in place. Department of Michigan $700,000 of a National State Department of Agriculture The federal agency recently announced funding for Agriculture Association working group on food safety, says 42 states (seven in the Midwest; see table on this Department of states have three policy options. page) to implement the new standards on produce Minnesota $680,000 Agriculture The first is to not adopt any part of the FSMA safety for fruit and vegetable growers. into state statutes or rules. A second option would Under these new cooperative agreements, states Department of Nebraska $120,000 Agriculture be for a state to adopt only a portion of the new will use the federal dollars to develop a system of FSMA. Under these two scenarios, the states could inspections, compliance and oversight as well as Department of Ohio $377,000 take a hands-off approach and leave it to the FDA provide education and technical assistance to farmers. Agriculture to conduct outreach and educational activities, as According to Mike Naig, Iowa’s deputy secre- Department of well as the mandatory inspections. (In some cases, tary of agriculture, his state expects to continue Wisconsin Agriculture, Trade and $700,000 a state agency could do the inspections under its current practice of performing feed inspections Consumer Protection contract with the FDA.) under contract with the FDA. It will do so by incor- * Funding was made available to all states that wanted to begin planning and The problem with these two options, Clover porating the FSMA standards into future state-led developing a produce-safety program under the U.S. Food Safety Modernization Adams says, is that producers and processors inspections. (Iowa has more feed mills than any Act. would have to meet the new FSMA regulations other Midwestern state, but fewer produce farms.) Source: U.S. Food and Drug Administration without the benefit of state assistance. Iowa officials are less certain about the state’s

6 STATELINE MIDWEST NOVEMBER 2016 FEATURE STORY

role in implementing the FDA’s new produce- safety rules. FDA’s new produce-safety rule covers six areas of farm operations, The Department of Agriculture and Iowa State with exemptions for certain fruit and vegetable growers University Extension have been educating producers about the FSMA and its new standards. But no final Six areas covered determination has been made on inspections — whether to simply leave them to the FDA or not. √ Water — Must meet microbial quality with respect to E. coli Inspections often a shared responsibility √ Biological soil amendments — Final rule Organizations such as the National Association of deferred until more research is done State Departments of Agriculture, meanwhile, are √ Sprouts — Must be tested for Listeria trying to help states prepare for the FSMA. √ Animals — New standards in place to prevent According to senior policy adviser Bob Ehart, contamination of produce by domestic or wild animals his association is developing model legislation for states that choose to fully incorporate the FSMA. √ Workers — Food-safety training required; hygienic Likewise, the feed industry is developing state practices must be followed when handling produce legislation related to the new animal-feed rules. √ Equipment — New standards for appropriate Option three — the one in which a state storage, maintenance and cleaning of facilities, tools decides to take an active role in implementing the and buildings FSMA and providing assistance to its farmers and processors — appears to be a likely choice in the Farms exempt from new rule Midwest’s states where food production is high. This will likely mean, too, that states take on the √ Any farm selling less than $25,000 in produce role of performing the mandatory inspections of √ Any farm that only sells produce normally cooked farms, food processors and animal feed producers. before eating (sweet corn, beans, potatoes, etc.) In some ways, this role for states is nothing new — they already cooperate with federal agen- √ Any farm that sells less than $500,000 and mostly to cies on food safety (see table below). “end users” in the same state or within 275 miles For example, state, local and tribal agencies have had the primary responsibility for regulating Note: The distributors of a farm’s products may require the retail food and food-service industry, inspect- it to meet the new federal regulations, regardless of the farm’s size. ing more than 1 million food establishments. In addition, most Midwestern states have already been inspecting food processors that engage in interstate meat sales, and the region’s four largest egg-producing states (Iowa, Indiana, Michigan and Total farm cash receipts from # of people employed in food Ohio) contract with the FDA and inspect egg farms production of vegetables, melons, manufacturing industry (2012) in an effort to prevent salmonella contamination. fruits and nuts (2015) With the FSMA now in place, state legisla- tors and agencies must consider whether and 4,545 how to expand the scope of their food-safety $578.0 million 43,115 responsibilities. $406.2 million 8,790 62,252 Earlier this year, Michael Taylor, then the FDA’s $639.0 $5.7 million 30,406 commissioner for foods, said the success of the million $1.0 billion 48,820 Food Safety and Modernization Act in reducing $29.3 million 34,852 50,967 $166.2 million $188.2 73,187 foodborne illnesses would depend in part on how $91.5 33,105 $73.2 million well it collaborates with state government. And million million 26,959 for state legislatures, this is the time to work with $16.6 million state agencies in order to ease the transition for food producers and processors as they adjust to Sources: U.S. Department of Agriculture and U.S. Census Bureau the largest changes to the food and feed industry in at least 70 years.

Other state-federal partnerships on food safety and inspections of food operations

Year it Program Midwest states involved Details Funding source began

Federal-State Meat Illinois, Indiana, Iowa, Kansas, Under agreement with U.S. Department of Agriculture, states States run inspection program with 50% of and Poultry Inspection Minnesota, North Dakota, Ohio, South 1967 inspect meat processors to enforce requirements “at least equal” funding from USDA; state funding typically comes Program Dakota (meat only) and Wisconsin to federal regulation (meat cannot be shipped across state lines) from general fund revenue

Allows meat products inspected under state inspection Cooperative Interstate Part of Federal government pays for coordinator as Indiana, North Dakota, Ohio and programs to be shipped across state lines; state inspections Shipment of State 2008 farm well as 60 percent of state costs; state funding Wisconsin are overseen by a federal coordinator and must be “the Inspected Meats Program bill typically comes from general fund revenue same as” federal inspections

U.S. Food and Drug Administration covers costs, Egg Safety Goal is to prevent salmonella contamination; states inspect Iowa, Indiana, Michigan and Ohio 2010 negotiates with each state on specific number of Inspection Program shell egg producers with 3,000 or more hens inspections

75% of FDA’s feed inspections are performed by Inspection of animal Illinois, Iowa, Kansas, Minnesota, States conduct inspections under their own authority, but state agencies (the FDA contracts with states for feed mills (under Food, Nebraska, North Dakota, Ohio, South 1965 state employees also inspect feed mills for the U.S. Food the reimbursement of costs); states with their own Drug and Cosmetic Act) Dakota and Wisconsin and Drug Administration inspection requirements also charge feed mills a registration fee, generally based on tonnage

STATELINE MIDWEST NOVEMBER 2016 7 STATELINE PROFILE Michigan Sen. Jim Ananich With friends, family and 100,000 constituents affected by water crisis, Flint native has crucial role in trying to find policy fixes

by Tim Anderson ([email protected])

orn in Flint in 1975, Jim Ananich grew up watching the economic decline of his Bio-sketch of Michigan Sen. Jim Ananich Bhometown — a place once known for being a hub of car-making but that became an example of  Has served as Michigan the effects of deindustrialization and a downsized Senate minority leader since domestic auto industry. 2014 “I wanted to help Flint and make an impact on policy,” Ananich recalls about his decision to run  First elected to state for the Legislature, “and what better place to do Senate in 2013 in a special that than in Lansing?” election; previously served in But instead of a turnaround, Flint recently has House been turned upside down — by an unforeseen, almost unimaginable crisis for an American city.  Once served on Flint The town’s lead-tainted supply of public drinking City Council, including as water has impacted approximately 100,000 of president Ananich’s constituents. “They’ve been affected to a level that’s almost  Former teacher for local schools and education coordinator for Priority Children hard to put in words,” he says. “It’s basically  Lives in Flint with his wife, Andrea, and son Jacob touched every aspect of people’s lives — damage to their health, stress levels, their school systems, their property values. “We want to get to a point where we bring “Leadership is trying to find a way to get to yes, so back some normalcy first and then try to come out of this better — if there is a possible way of long as you don’t compromise your principles.” doing that.” One thing is for sure: He wants to be in the middle of finding and helping implement the the aisle to help his hometown, and leading what I stand, but I make a point of not taking cheap shots policy solutions. he calls a “strong, close” party caucus in the Senate. or doing things in a disrespectful way. “It’s very personal to me,” Ananich says, noting Here are excerpts from the interview. that his family — including his recently adopted You are leading a small caucus, currently only 1-year-old son — relies on the Flint water supply. As a state legislator from Flint, what do you Q: 10 Democratic senators. How has it tried to “That helps with the credibility among the people Q: view as your role in addressing the city’s have a voice in the state Capitol? in Flint, and I think I have credibility among most drinking water crisis? We’re united and strong, and we have the people in Lansing as well.” I’m an advocate, whether that means A: benefit of some subject-matter experts Building that bridge between Flint and Lansing A: being a spokesman for the community, in our caucus who are well-respected in the is critical, because while trust in government may keeping this in the news, helping open doors [for legislative committees that they are on. They’re in be broken among many people in Ananich’s home- new public or private funding], or making sure the a position to make changes to bills because their town, they also need the state’s help to recover. things that need to be fixed get funded. voices are respected. And some positive steps are being taken. I also know the local institutions that are strong When you’re in the minority, it’s easy to always Old underground pipes are being replaced with and the ones that don’t have the capacity. That helps in say no. You can always find a justification for it. state assistance, while a mix of public funds and making decisions on where state dollars or resources But leadership is trying to find a way to get to yes, private-foundation support has led to the opening would be best used. People’s health and lives matter so long as you don’t compromise your principles. of new early-education centers and the start of too much, and the taxpayers matter too. We shouldn’t So there probably isn’t a Republican in the Senate other initiatives to address the potential long-term be wasting people’s money; the state’s resources need that I haven’t spent time with, whether it’s through effects of lead exposure. to be used as efficiently and effectively as possible. something like a [legislative] sportsmen’s caucus “There are some remedies that we know work, or after work at dinners. I respect them, and try to like early education, nutrition and health screen- In your capacity as Senate Democratic minor- keep in mind that everyone has been elected and is ings,” Ananich says. “You’re never going to hear Q: ity leader, how important has it been for you serving in Lansing for a reason. Their constituents me say ‘I’m happy’ with the situation, but we’re to work with Republican leaders and legislators? thought enough of them to send them to Lansing. at least headed in the right direction in some of I came to Lansing in the minority as a I try to listen and get to know them. those areas.” A: member of the House and now the Senate, He came to the Michigan Legislature in 2010, so it’s something that I’ve always had to do. But it’s What are some of the next steps that you hope after previously having served on the Flint City also just my nature — focus on getting things done, Q: to work on with your legislative colleagues in Council (including as its president) as well as don’t take anything personally. And especially addressing the Flint water crisis? working as a teacher and as a congressional staff when it comes to Flint, it has to be about getting The framework for helping Flint is there person. results, not about playing politics. A: now. We just need to make sure it gets imple- Ananich moved from the state House to the I had already worked on developing strong mented, but then there’s other things to make sure this Senate in 2013 and, soon thereafter, was chosen by relationships in both the House and the Senate, as doesn’t happen again in Michigan and to make sure that his fellow Democrats as minority leader — during well as the executive branch. Through my work, too, people are protected — whether it’s strengthening our the same year the water crisis hit Flint. I hope I’ve developed a reputation of someone who lead standards, making sure there is better notification In a recent CSG Midwest interview, Ananich can be trusted and who is focused on getting results. I [about threats to public health], stronger oversight, and talked about dealing with crisis, working across stand up for what I believe in and people know where new [water] testing protocols.”

8 STATELINE MIDWEST NOVEMBER 2016 FIRST PERSON A FORUM FOR LEGISLATORS AND CONSTITUTIONAL OFFICERS Stepping away from the ‘cliff’ North Dakota looking to help lower-wage employees work more hours without facing steep drop in government benefits by North Dakota Rep. Thomas Beadle ([email protected])

s I participated this summer in a CSG The solution might seem to be to simply ask em- Midwest meeting hundreds of miles from State-level data on participation ployers to guarantee enough additional compensation ANorth Dakota, talk among my fellow legisla- in Temporary Assistance for Needy so that it at least equals the benefits being foregone. tors from the region and business leaders turned Families and Supplemental Nutrition But when you are basing your business on the ability to a workforce issue that hits very close to home. Assistance programs to provide customers with a $2.50 hamburger or Is the potential loss of government benefits — TANF (average SNAP (# of $40-per-night hotel room, there isn’t always enough whether it be child care assistance, cash payments, State monthly # of recipients in of a margin to guarantee that the entire benefits gap aid for home heating, food stamps or tax credits — recipients in 2016) July 2016) gets covered. keeping some lower-wage employees from picking up Illinois 36,662 1,924,612 It is in the state’s interest, then, to turn the more work and hours? potential benefits “cliff” for individuals into more of a At the meeting, the then-president and CEO of Indiana 16,308 714,806 “slide” — to ease the transition from public assistance to self-sustaining full employment. Culver’s restaurant mentioned the issue as an aside Iowa 26,249 377,379 during his presentation to the Midwestern Legislative Many programs provide assistance to individuals Conference committees on agriculture and economic Kansas 11,818 247,976 based on their income levels. development. (CSG Midwest provides staff support to The Supplemental Nutrition Assistance Program, Michigan 42,891 1,445,487 the MLC and its policy committees.) the Temporary Assistance for Needy Families Employees at some of Culver’s stores, he said, want Minnesota 44,864 476,536 Program, child care assistance and some tax credits to work more hours, but are unable to take extra shifts do not necessarily restrict work. However, when Nebraska 10,808 176,130 because it could cost them many of their benefits. If a participant’s pay rises above a program’s income something could be done about it, he added, it would North Dakota 2,696 54,330 threshold, participants may see a severe reduction help employers like Culver’s in a very big way. in benefits or get cut off completely. In my own state, this is enough of a problem that Ohio 108,177 1,566,937 members of the North Dakota Hospitality Association South Dakota 6,017 95,654 The ‘cliff’: More hours, less net pay asked me to introduce a study bill (HCR 3049) to Wisconsin 42,639 713,065 States have the flexibility to address the “cliff effect,” shine some light on the issue. That bill passed last and over the last few years, we have made strides year, and as a result, our joint interim Health Services Sources: U.S. Administration for Children and Families and U.S. Department of Agriculture Food and Nutrition Service in addressing this issue in North Dakota. Our Committee has been exploring the relationship Department of Health Services, for example, has done between employment and public assistance. a great job in implementing a sliding-fee schedule for state as a whole — is to convert some of our “part a number of government programs to help workers time” workforce to “full time.” Part-timers could ease worker shortage make the transition. This has allowed individuals to There are many reasons why someone can’t or boost their incomes and work more hours while still For the last decade, North Dakota has had some of doesn’t want to make the leap from part-time to full- the lowest unemployment rates in the country, and receiving some assistance in purchasing food, having time employment, and nobody should be judged for some of our employers have had to search every nook their homes heated or getting child care. that. However, we’ve also heard of situations where and cranny in an attempt to solve their workforce Additionally, the department offers a transition- employers offer extra work and employees want the shortages. assistance program ($200 per month for up to six extra hours — but losing significant government One solution —for individual businesses and the months) in the event that a family becomes ineligible benefits stands in the way. for TANF due to a modest increase in earnings. Despite these positive steps, though, North Dakota Options for states to prevent the ‘benefits cliff’ Hospitality Association members have pointed out to us (and as I was reminded again at the MLC Annual • Put a number on “financial self-sufficiency” — By determining how much income an individual or family must have in order to meet its basic needs, a state has a better idea of when public Meeting in Milwaukee) that more work needs to be assistance should be provided, curtailed or eliminated. done. We all need to see what we can do to make this situation better for our employers, better for our • Raise income limits — With this type of policy change, a state allows individuals to work and employees, and better for our state support systems earn more while remaining eligible for various public assistance programs, from child care and home heating, to food stamps and Temporary Assistance for Needy Families. For example, over the long term. Illinois recently raised the “gross income limit” for its Supplemental Nutrition Assistance Program (food stamps) from 130 percent to 165 percent of the federal poverty level. Rep. Thomas Beadle, a Republican from Fargo, was first • Phase out benefits — When a state uses a sliding scale to phase out eligibility for various elected to the North Dakota House of Representatives public assistance programs, individuals or families don’t lose all of their benefits due to in 2010. modest increases in their income levels. • Provide more “work supports” and streamline the process for families to access them — Work supports include assistance with housing, transportation, health care and child care. And Submissions welcome through the use of new technologies and better coordination among different agencies, a This page is designed to be a forum for legislators and state can make it easier for low-income families to access these work supports. constitutional officers. The opinions expressed on this page • Provide earned-income tax credits to low- and moderate-income workers — These credits do not reflect those of The Council of State Governments or provide working families with more money to meet their basic needs. Illinois, Indiana, Iowa, the Midwestern Legislative Conference. Responses to any Kansas, Michigan, Minnesota, Nebraska and Wisconsin have refundable earned income tax credits. Ohio’s is nonrefundable. FirstPerson article are welcome, as are pieces written on Sources: North Dakota Legislative Assembly (with research assistance from National Conference of State other topics. For more information, contact Tim Anderson Legislatures), Center for Law and Social Policy, and Center on Budget Policy and Priorities at 630.925.1922 or [email protected].

STATELINE MIDWEST NOVEMBER 2016 9 CSG MIDWEST NEWS & EVENTS

CSG-led group issues recommendations to North Dakota gets make voting by Americans overseas easier policy options from

he Council of State Governments, in partner- M ship with the U.S. Department of Defense’s CSG Justice Center Federal Voting Assistance Program, created T the Overseas Voting Initiative in 2013 to help states n January, North Dakota officials asked the make it easier for citizens abroad — whether or CSG Justice Center for help in avoiding a not on military duty — to vote. 347 projected 75 percent increase in the state’s (93.2%) I Three years later, with the November release 2,669 prison population through 2025. (93.5%) of “Overseas Voting: Strategies for Engaging Every 561 1,845 If the state does nothing, the population Voter,” the nation’s state and local election officials (95.9%) (98.8%) 4,533 (which had already grown 32 percent from 2005 to (100%) have a new list of policy options to consider. 597 2015) is expected to grow by 1,310 people by 2025. 332 (95.2%) Available at csg.org/ovi/, the report was (94.3%) 2,939 And spending on prisons, which had already 4,517 1,335 (97.1%) developed by a CSG policy working group of state (**) (71.8%) grown from $83 million to $178 million, is 845 and local election officials as well as other experts (98.1%) projected to rise to $485 million to accommodate in election administration. In developing the those additional people. recommendations, the working group examined * Data may not be complete in some states due to di erent rates of response Enter the Justice Center. successful programs and practices across the among local jurisdictions Center staff met with various stakeholders in ** Data not available country. North Dakota’s criminal justice system as well as It has identified three primary areas where Source: U.S. Election Assistance Commission with members of the state’s Incarcerations Issues state and local governments can improve the Committee, and in September, it presented four experience for military and other overseas voters: data-driven policy options to reduce the forecasted communication, registration and engagement. “We need the best prison population in 2022 by 13 percent: possible outreach and 1. Divert people convicted of low-level drug Voter communication and property offenses to probation rather than • Use plain language when communicating voters services, and prison or jail. with overseas voters, avoiding the use of election these recommendations 2. Reduce recidivism cost-effectively by jargon or acronyms; holding those violating supervision programs • Ensure that election websites are easy to certainly will help accountable with swift, certain and proportional navigate and mobile-friendly (work well with sanctions followed by supervision and treatment smartphones, for example); achieve that.” as needed. • Create user-friendly electronic ballot return Washington Secretary of State Kim Wyman, 3. Increase public safety by focusing supervi- envelopes; co-chair of CSG’s policy working group sion and program resources on probationers and • Communicate to voters when their ballot parolees who pose a high risk of reoffending. applications are accepted, and 4. Reinvest in expanding effective behavioral • Provide information about what is on the resonance for me as one who voted from Germany health treatment for probationers and parolees ballot. when my Army Ranger husband was stationed with substance abuse and/or mental health needs. there,” says Kim Wyman, the state of Washington’s The Justice Center estimates that these steps, Voter registration secretary of state, who served as co-chair of the if implemented, would save North Dakota $36.3 working group. • Establish a standard validity period for when million. “We need the best possible outreach and voter the Federal Post Card Application can be requested Bills incorporating the recommendations services, and these recommendations certainly will (this application is used by overseas voters to are being drafted in time for consideration next help achieve that.” register to vote) and treat it as a permanent request year by the North Dakota Legislative Assembly, CSG Overseas Voting Initiative director for voter registration. says Sen. Ron Carlisle, chair of the multi-branch, Kamanzi Kalisa says most of the recommendations • Incorporate the use of online voter registra- bicameral Incarceration Issues Committee, which do not require legislation and, therefore, can be tion for citizens living abroad (this recommenda- also includes citizen members. implemented immediately by election officials. tion is intended only for states that provide online Several election officials from the Midwest registration to other voters). served on the 10-member CSG working group: CSG justice reinvestment initiatives Engage the U.S. military community • Jon Husted, Ohio secretary of state; in Midwest • Gary Poser, director of elections for the • Establish partnerships between state and Minnesota secretary of state; local election officials and local military instal- • Kevin Kennedy, director and general counsel lations and use social media platforms to reach of Wisconsin’s Government Accountability Board; service members (and their families) abroad. and • Lance Gough, executive director of the Next step is state implementation Chicago Board of Election Commissioners. All of the recommendations are currently in place The working group met in person three times, in some jurisdictions throughout the country and with its meetings purposely held near major U.S. are considered best practices by the CSG policy military installations. Its meetings included pre- State has received or is receiving technical working group. sentations from academics; election data analysts; assistance from CSG Justice Center “The issue [of overseas voting] has particular and federal, state and local election officials. Source: CSG Justice Center

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

10 STATELINE MIDWEST NOVEMBER 2016 Leaders of nonpartisan legislative staff share ideas at fall meeting in Chicago

eaders of the Midwest’s nonpartisan legislative service agencies met in Chicago this fall to Lexplore ideas to improve their operations and the work they do on behalf of state lawmakers. CSG Midwest provides staff support to the CALENDAR Midwestern Legislative Service Agency & Research Directors Group. This year’s meeting, held Oct. 28 UPCOMING MIDWESTERN LEGISLATIVE and 29, was sponsored in part by LexisNexis and Jason Hancock, director of the South Dakota Legislative Research Council, and Tom Bottern, CONFERENCE AND THE COUNCIL OF STATE ThompsonReuters. director of Senate Counsel, Research & Fiscal Analysis, GOVERNMENTS EVENTS George Angelone, executive director of take part in an October meeting of the Midwestern Indiana’s Legislative Services Agency, currently Legislative Service Agency & Research Directors Group. serves as chair of this interstate group and pre- CSG Midwest provides staff support to the group. CSG NATIONAL CONFERENCE sided over the October meeting. Topics included: December 8-11, 2016 Colonial Williamsburg, Virginia • the use of new technologies in publishing legal texts (for example, the long-term viability About the Midwestern Service Contact: Kelley Arnold ([email protected]) of current publishing models and what’s coming Agency/Research Directors Group 859.244.8000 next); csg.org  Interstate group of directors and other staff • managing and developing staff (Chip Barton, from Midwestern states’ nonpartisan legislative human resources director of The Council of State 72ND ANNUAL MEETING OF Governments, served as guest speaker for this service agencies THE MIDWESTERN LEGISLATIVE session);  These service agencies are responsible for CONFERENCE • the training, orienting and mentoring of July 9-12, 2017 handling numerous functions for the legislative Des Moines, Iowa new staff; branch — for example, research, bill drafting, • strategies on how to make meetings run more committee staffing, membership services, Contact: Gail Meyer ([email protected]) efficiently; and 630.925.1922 information technology, staff management and • interacting with legislators and legislative csgmidwest.org committees. training, and professional ethics. Every state legislative branch in the Midwest  CSG Midwest provides staff support to the 23RD ANNUAL relies on nonpartisan staff to handle much of the group and facilitates the interstate exchange of BOWHAY INSTITUTE FOR LEGISLATIVE LEADERSHIP DEVELOPMENT (BILLD) “behind the scenes” work of lawmaking, from information among participating agencies. policy research to bill drafting. August 11-15, 2017 Minneapolis, Minnesota

Contact: Laura Tomaka ([email protected]) 630.925.1922 Partners support regional passenger rail commission csgmidwest.org Founded in 2001, the Midwest Interstate Passenger Rail Commission has nine member states: Illinois, Indiana, Kansas, GREAT LAKES LEGISLATIVE Michigan, Minnesota, Missouri, Nebraska, North Dakota and Wisconsin. Its representatives are state legislators, CAUCUS MEETING governors and their designees, and private-sector delegates. (CSG Midwest provides staff support to the commission.) September 22-23, 2017 MIPRC would like to thank the members of its Partners program (see below). Partners are entitled to a number of Toronto, Ontario benefits, including recognition on the MIPRC website, important information on regional and national passenger rail development, and complimentary registration at MIPRC events. For more information, visit miprc.org or contact Contact: Lisa Janairo ([email protected]) director Laura Kliewer at [email protected]. 920.458.5910 greatlakeslegislators.org Corporate Partners Honorary Partner CSG NATIONAL CONFERENCE December 14-17, 2017 Las Vegas, Nevada

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

STATELINE MIDWEST NOVEMBER 2016 11 CAPITOL tions madeby acommission ofstate legisla ID. The billisoneofmany recommenda would beprovided state withatemporary linois prisonerswithoutthesedocuments card, andtwo proofs ofaddress. ReleasedIl Security certificate, present Social abirth ID upontheirrelease from state prisonifthey meanwhile, would ensure individuals get an Pending legislation inIllinois(SB3368), federal officialsabouttaking that step. states that have talkswith hadpreliminary Illinois ing released, andaccording to states to provide IDsfor federal prisonersbe nors, theU.S. ofJustice asked Department In aletter earlierthisyear to all50gover mates have avalid state identification card. takecan isto ensure that just-released in helps reduce recidivism, and one step states Easing ex-prisoners backinto civilianlife access to state ID released prisonershave Illinois looksto ensure reintegration into thecommunity. playcan acrucial role inaperson’s successful and applyfor employment— that allfactors quired to access secure socialservices, housing Justice Center, IDisfrequently state-issued re According to The Council ofState Governments population by 25percent by 2025. onhow to reduceexperts thestate’s prison tors, otherstate leadersandcriminaljustice NONPROFIT ORGANIZATION , U.S. POSTAGE PAID Michigan CAROL STREAM, IL PERMIT NO. 1859 Stateline and Ohio are among17 The Atlantic

Midwest CLIPS

------November 2016 , The Council of State Governments death penalty aredeath penalty Along withOhio, Midwestern states withthe (to stop theheart). rocuronium bromide andpotassiumchloride medication midazolam, theparalytic agent Jan. 12usingatrioofdrugs: theanti-anxiety currently plansto execute two prisonerson According to inMarcheffect 2015. process) from publicdisclosure. The law took ofpeopleinvolvedidentity intheexecution cember 2014,shieldsdrug suppliers(andthe signed into law by Gov. inDe JohnKasich states usingthemfor executions. HB 663, panies refuse to make orsellsuchdrugs to used for them.Many pharmaceutical com 2015dueto alackofdrugstion) inJanuary suspendedexecutionsOhio (by lethalinjec reports. the denialofinformation, theycouldn’ting because prove harmfrom ruling that theprisonershadnostand court The November decisionaffirmedalower ally conceals information from them. law punishment oncapital unconstitution several A U.S. hasdismissedclaimsby circuit court drugs lethal-injection that shieldssources of upholdsOhiolawCourt Midwestern Office braska 701 E. 22nd Street, Suite 110 and Ohio Lombard, IL 60148-5095 South Dakota South Phone: 630.925.1922 death-row inmates that astate The Columbus Dispatch Fax: 630.925.1930

Email: [email protected] Indiana csgmidwest.org The . , (Toledo) CHANGE SERVICE REQUESTED Kansas , Ohio Blade , Ne ------vehicles. improve for state-owned fuelefficiency and launcheda “Green Fleet Initiative” to government’s overall footprint, carbon to reduceprise Sustainability thestate The state alsocreated ofEnter theOffice percent since 2008,state officialssay. at theCapitol Complex hasdecreased 25 footprints.their carbon Energy consumption agencies viaanexecutive order to reduce In 2011,Gov. MarkDayton directed state with Excel Energy-Minnesota inSeptember. Gov. Tina whoannounced Smith, thedeal even government local buildings, says Lt. successful, itcould expand to otherstate or the state’s Public Utilities Commission. If Pilot Program dealmustbeapproved by The Renewable*Connect Government Capitol Complex. annuallyfor the$5 milliononelectricity that timeperiod. The state spendsabout energy that willsave about$100,000over with Excel locksinprices for renewable State officialssay the20-year agreement deal withExcel Energy. from solarandwindsources underanew Minnesota power oftheelectrical usedinOne-third renewable energy to power Capitol with Minnesota inksdeal ’s Capitol Complex willcome - officials agree itisinthechild’s bestinterests emptions,” includingifparents andschool law doesprovide for some “good ex cause be promoted grade. to However, fourth the on astandardized reading test inorder to requires well students enough to perform thisfallbySigned Gov. Snyder, Rick HB4822 some ofthemfrom grade. entering fourth underanewlaw that also ficiency could keep more helpto reach instructional levels ofpro young readers in Struggling grades in early is to improve reading Goal ofMichiganlaw “good cause” exemptions.) grade.on to (That fourth state, too, offers some have to take summerschoolinorder to move for example, struggling third-grade readers will laws have beenpassedinrecent years. InIowa, other Midwestern states where newreading Iowa provide thecoaches.) (Michigan’s intermediate will schooldistricts training to to teachers students. andinstruction coachmust bringinan early-literacy to provide ofthoseplans, schools local ing behind. part As provement student whoisfall plansfor every mustthendevelop individualreadingtricts im kindergarten through third grade. dis School develop away to screen andassessstudents in ofEducationThe will Department Michigan not to beheldback. , Ohio and Wisconsin Michigan are amongthe willget - - - - -