Stateline

Vol. 28, No. 1 • January 2019

MidwestTHE MIDWESTERN OFFICE OF THE COUNCIL OF STATE GOVERNMENTS INSIDE NEW FOR 2019 See page 11 for our new section on the Bowhay ’Victim-centered’ approach Institute for Legislative Leadership Development (BILLD) — alumni news, articles from BILLD scholars and key upcoming dates New policies on sexual assault, from handling of rape kits to new supports in hospitals, being implemented across Midwest CSG Midwest Issue Briefs 2-3 • Health & Human Services: Illinois law puts by Tim Anderson ([email protected]) new limits on ‘skinny’ health plans • Criminal Justice & Public Safety: ‘Excessive’ s she’s worked on policies to improve fines case from Indiana heard by Supreme Court LB 43 includes these provisions as well.) how her state handles sexual assault State laws in Midwest • Agriculture & Natural Resources: New farm Also last year, Illinois legislators adopted investigations and helps victims, mandating that rape kits bill provides some certainty in uncertain times A new requirements for how sexual assault Nebraska Sen. Kate Bolz has talked to be tested • Great Lakes: Michigan lays groundwork for victims are cared for in the hospital. advocacy groups and consulted with experts. new pipeline beneath Straits of Mackinac Under HB 5245, hospital emergency But she also has in her mind a constitu- rooms must have a staff member who Around the Region 4 ent, a survivor who approached her after a has received training on how to collect town-hall meeting. A look at new studies on budgets and what physical evidence, respond to the medical they say about the Midwest’s fiscal conditions “She was so young and had been so and psychological needs of a survivor, and hurt by her circumstance,” Bolz says, “and testify in court. These requirements take Capital Closeup 5 she talked about the kind of support and effect in three years. Wisconsin changes balance of power information she needed.” The goal of Illinois’ HB 5245 is two-fold: between Legislature, attorney general “Over the past couple of years,” she adds, improve support for victims and govern- “we’ve heard a lot from survivors.” All kits must be tested Question of the Month 5 ment prosecutions of sexual assault crimes. The same likely can be said for legisla- By improving supports, too, the state Have any states considered bills to end daylight tors across the Midwest, as evidenced by No testing mandate* savings time or make it year-round? hopes it encourages more victims of sexual statistics on the prevalence of sexual assault * Through legislation or executive branch actions, several states in the Midwest have taken steps to address concerns assault to report their cases to law enforce- Profile 8 and the burst of activity in state capitols. about backlogged, untested kits — for example, ment. (Nationally, only about one-third do.) According to RAINN, the nation’s largest conducting statewide inventories and/or requiring that all Wisconsin Assembly Assistant Majority of these backlogged kits be tested. Illinois formed a working group four Floor Leader Mary Felzkowski anti-sexual violence organization, someone years ago to explore various “victim- is sexually assaulted in the United States Source: Joyful Heart Foundation FirstPerson 9 centered” policies, and HB 5245 and SB every 98 seconds. And more than 20 percent 3404 are among the results of this group’s Illinois Treasurer Michael Frerichs on how states of women report having been a victim of work and recommendations. are making ABLE accounts work for the disabled would be informed of their rights during rape (either attempted or completed) during A third example was the legislature’s initial interactions with nurses, medical their lifetimes, federal data show. passage three years ago of SB 3096, which CSG News & Events 10 examiners or police officers. States have explored various ways to requires specialized training on sexual Region’s new legislative leadership team in place Bolz worked with the advocacy group improve their policies around sexual assault, assault for law enforcement, first responders Rise on the legislation. That same group lists Capitol Clips 12 and the result has been several new laws that and 911 operators. That same measure also aim to help victims and improve investiga- South Dakota and Illinois as having passed • Population gains in South Dakota, Minnesota extended the time for survivors to consent some version of a Sexual Assault Survivors • Michigan changes ballot-measure rules tions of the crime, particularly through a to the testing of forensic evidence, for use in Bill of Rights in 2018. • Two new state laws aim to improve nurse safety better handling of sexual assault kits. Here sexual assault kits, from 14 days to five years. is a look at some of the strategies being Illinois’ SB 3404, for example, spells • Minnesota documents rise of telemedicine proposed and implemented in the Midwest. out the rights of every victim to have Policies on testing of rape kits Stateline Midwest is published 11 times a year an advocate present during a hospital by the Midwestern Office of New supports, rights for victims examination; to consent to the collection A sexual assault kit, or rape kit, contains The Council of State Governments. of DNA evidence; and to shower after a biological evidence collected in the after- Annual subscription rate: $60. Earlier this year, Bolz introduced LB 43, the medical exam is complete. (Nebraska’s math of a sexual assault. To order, call 630.925.1922. Sexual Assault Survivors Bill of Rights. “I think maybe the most important PLEASE TURN TO PAGE 6 CSG Midwestern Office Staff element [in the legislation] is the proactive Michael H. McCabe, Director requirement that people are provided Tim Anderson, Publications Manager It is estimated that every 98 seconds, a information about their rights — everything Mitch Arvidson, Policy Analyst person in the United States is sexually Jon Davis, Assistant Editor/Policy Analyst from the right to being treated with dignity assaulted. State governments are Cindy Calo Andrews, Assistant Director and respect to the right to participate in the Ilene K. Grossman, Assistant Director at the center of efforts to improve criminal justice process,” she says. Lisa R. Janairo, Program Director the government’s response to Laura Kliewer, Senior Policy Analyst “When you are experiencing a trau- these crimes — including more Gail Meyer, Office Manager matic situation, information that you can supports for victims, new policies on Laura A. Tomaka, Senior Program Manager trust, about the choices you have, is really sexual assault kits, and prevention Kathy Treland, Administrative Coordinator and Meeting Planner important.” programs on college campuses. Under LB 43, sexual assault victims CSG MIDWEST ISSUE BRIEFS

Issue Briefs cover topics of interest to the various groups and policy committees of CSG Midwest, which provides staff support to the Midwestern Legislative Conference, Great Lakes-St. Lawrence Legislative Caucus, Midwest Interstate Passenger Rail Commission and Midwestern Radioactive Materials Transportation Committee. Health & Human Services

a total of six months, says Sen. Laura Fine. Allowing States react to, push back against D that much time was a compromise, she notes; some new federal rules on ‘skinny’ health insurance policies lawmakers wanted these plans banned altogether. Fine says two concerns prompted her vote to n October, the Trump Administration adopted override: First, that these policies could pull all new rules for short-term (or “skinny”) health healthy people out of the state’s exchange, thus raising Iinsurance plans. Since then, some states have everyone’s rates; and second, a lack of disclosure as to weighed in by adopting new rules of their own, while what was and wasn’t covered. “People thought they were also reminding insurers that they must still comply purchasing insurance, but then when they needed it, with state-level regulations. it wasn’t there,” Fine says. “As a state, we need to stay a “Skinny plans” are not new; they have typically step ahead to ensure everyone has insurance.” been used by customers as short-term, or stopgap, In the wake of the new rules, other state actions coverage — for example, if they’re between jobs. have included issuing bulletins or notices (through But these plans have taken on new significance insurance departments or commissioners) reminding since passage of the Affordable Care Act and the Trump insurers that the changes at the federal level don’t pre- administration’s new rules, which allow for the terms Yes empt existing state statutes and rules. Here are other of these plans to run longer (up to a year, rather than examples of how states are trying to protect consumers: three months) and to be renewed for up to three years. No Proponents tout these plans as a more affordable • North Dakota’s Insurance Department requires * Federal rules allow the initial duration of short-term health option for people who can’t afford policies on the insurance companies to ask consumers applying for insurance policies to run up to 364 days and be extended for up to 36 short-term policies if they have comprehensive major months. Some states have more-stringent rules in place. For example, ACA health exchanges. Opponents, however, counter six states in the Midwest required initial contract durations of less that skinny plans are only affordable because they medical coverage in force, if they know that short-term than 364 days: Illinois, Indiana, Michigan, Minnesota, North Dakota, allow insurers to deny individuals with pre-existing insurance is not comprehensive major medical cover- South Dakota and Wisconsin. conditions or to exclude coverage that standard health age, and why they’re applying for short-term coverage. Sources: Commonwealth Fund and CSG Midwest research policies must have under the federal law. • Ohio’s Department of Insurance issued a con- That’s one reason why Illinois legislators in sumer alert to let residents know about the differences materials for short-term plans must “clearly define” November overrode then-Gov. Bruce Rauner’s veto between “skinny” and standard plans; and pre-existing conditions and describe the policy renewal of SB 1737. This new law limits short-term policies to • Nebraska notified insurers that their application process “in clear and unambiguous terms.”

Brief written by Jon Davis, staff liaison to the Midwestern Legislative Conference Health & Human Services Committee. He can be reached at [email protected]. Criminal Justice & Public Safety

U.S. Supreme Court case from rule on whether the vehicle’s forfeiture in the Indiana Indiana challenges states’ use of M case, or similar fines, violate the excessive-fines clause. asset forfeitures, criminal fines I “The most problematic aspect of this litigation … is that it will consume enormous amounts of time n November, the U.S. Supreme Court heard ar- and resources in the lower courts, as state and local guments in a case that could dramatically limit governments are required to litigate, case by case, Istates’ and localities’ ability to levy criminal in order to sort out what kinds of forfeitures are fines and asset forfeitures. The central question in permitted and what kinds are not,” says professor Tyson Timbs and a 2012 Land Rover LR2 v. State of Lawrence Rosenthal of Chapman University, who Indiana is whether the Eighth Amendment’s ban wrote an amicus brief in the Timbs case on behalf on excessive fines applies to states and localities. of the National Association of Counties and other The case started in 2013, when Timbs pleaded local-government groups. guilty to selling about $225 worth of heroin to The court’s decision may prompt further discus- undercover officers. Law enforcement in Indiana sion and/or legislation at the state level. According to seized his vehicle, citing the state’s civil forfeiture laws, Changes in law adopted the Institute of Justice, most Midwestern states have which allow an individual’s property to be seized (the altered their civil forfeiture laws since 2014 (see map). vehicle in this case) if it were used to commit a crime. The statutory changes tracked by the institute include: Timbs disputed the state’s right to seize his vehicle because the value of the car, $42,000, was about four Court decisions. But the brief filed by Timbs (as well 1) abolishing civil forfeiture: Nebraska;  times the maximum allowable fine for the crime he as amicus briefs filed by his supporters) seem to argue 2) requiring a criminal conviction in most or committed. The trial court and a state appeals court for a full incorporation of the entire Bill of Rights. all forfeiture cases: Iowa, Minnesota, Ohio and sided with Timbs, citing the Eighth Amendment’s While the court is months away from announc- Wisconsin; excessive-fines clause. ing opinions, The New York Times and other observ- 3) requiring the government to bear the burden The Indiana Supreme Court, however, disagreed, ers believed it was clear during oral arguments how of proof for innocent-owner claims: Illinois, Iowa noting that the U.S. Supreme Court has never ruled the justices would rule: The excessive-fines clause and Wisconsin; and on whether this clause applies to states. should apply to the states, but the Timbs case should 4) instituting new reporting requirements for Other parts of the Bill of Rights have been not be used to fully incorporate the Bill of Rights. seizure and forfeiture activity: Illinois, Indiana, “selectively incorporated” through past Supreme Additionally, it does not appear that the justices will Iowa, Kansas and Michigan.

Brief written by Mitch Arvidson, staff liaison to the Midwestern Legislative Conference Criminal Justice & Public Safety Committee. He can be reached at [email protected].

2 STATELINE MIDWEST JANUARY 2019 Agriculture & Natural Resources

a result, they will automatically increase over time. New farm bill provides some • Improved safety net for dairy farmers — In much-needed certainty during difficult economic period combination with the Bipartisan Budget Act of 2018, the new farm bill will deliver an improved safety-net program for the nation’s dairy producers. Revenue- t a time when net U.S. farm income levels $325.2 have fallen to a 16-year low, the Midwest’s billion insurance payments to dairy farmers will increase Aagriculture producers were looking for some not based on the price of milk, but rather on the difference between milk prices and feed costs. Small good news at the end of 2018. $3.5 The new farm bill is largely thought to be just that. billion and midsize dairies appear to benefit the most from Passed by the U.S. Congress in December, the this newly created Dairy Margin Coverage program; bipartisan Agricultural Improvement Act maintains $39 for example, premiums to enroll in this program are $29.1 billion reduced for the first 240 cows produced by a farm. and expands crucial loan, insurance and conserva- billion $31.2 tion programs for farmers, while also making new billion • Changes to Conservation Title — The new farm investments in areas such as rural broadband and bill increases the amount of environmentally sensitive N: Provides food assistance to those in land that can be protected through the Conservation urban agriculture. need, primarily through the Supplemental Indiana state Sen. Jean Leising, who attended the Nutrition Assistance Program Reserve Program (CRP), from 24 million acres to farm bill’s signing ceremony, says the new federal law I: Protects farmers against losses 27 million. Under this program, farmers receive a “will provide more certainty to farm programs, particu- in yield, crop revenue or whole farm revenue payment for keeping certain land out of production. One important change under the recently signed law larly the changes to the Commodity Title and the safety : Provides price and income net of the crop insurance program, than an extension [of supports for farmers37% who raise commodity crops is a new cap on that payment — it can be no more than 85 percent of the average rental rate where the the existing farm bill] would have provided.” : Funds programs to improve This good news on the policy front comes at conservation practices on working lands and to county is located. This new limit is designed in part a time when “the economic conditions that our keep certain acreage out of production to address concerns that the CRP was increasing land farms and rural communities are facing are bleak,” : Includes rural development, trade rental rates in some areas of the Midwest. promotion, loan guarantees, research, and The U.S. Congress also greatly increased funding Leising says — the result of factors such as higher renewable energy production costs, weak prices for most major U.S. for the Regional Conservation Partnership Program, Source for dollar amounts: Congressional Budget Office crops, and a volatile period for farm exports due to which leverages public and private dollars to tackle ongoing global trade disputes. regional conservation challenges such as improving With those economic challenges as a backdrop, the • Changes to Credit Title — To help farmers and water quality in the western Lake Erie basin or the U.S. Congress faced the task of reaching agreement ranchers secure the money they need to purchase land Upper Mississippi River watershed. on the single most important piece of agriculture or equipment, the U.S. Department of Agriculture Other notable changes — Other titles of the farm legislation in the country, the farm bill. Here is a runs a Guaranteed Farm Loan Program that shields bill receive much less funding and public attention. summary of some of the key changes. USDA-approved lenders from some financial risk. However, many innovations in the 2018 legislation can • Changes to Commodity Title — Under the Under the new farm bill, the maximum loan that a be found in these titles. For example, the USDA will 2014 federal farm bill, the U.S. Congress created two farmer can receive increases to $1.75 million (up from create a new office within the department that focuses income-support programs: Price Loss Coverage and the current level of $1.4 million). on encouraging urban agriculture and indoor farming. Agriculture Risk Coverage. These two programs will The new law also doubles the limit for farm In addition, federal lawmakers agreed to provide continue, but under the new law, producers will have ownership loans to $600,000 and increases the limit more loans and grants to connect rural communities greater flexibility on which one they elect to use (on on farm-operating loans by $100,000, to $400,000. to high-speed broadband. They also legalized the a crop-by-crop and farm-by-farm basis). Lastly, loan guarantees are now tied to inflation; as growing of industrial hemp across the country.

Brief written by Carolyn Orr, staff liaison to the Midwestern Legislative Conference Agriculture & Natural Resources Committee. She can be reached at [email protected]. Great Lakes

Michigan paves way for new 2,400 trucks doing it every day, nonstop,” says 5, is responsible for the costs, estimated to be $500 tunnel, oil pipeline under lakes VanderWall, a member of the Great Lakes-St. million. It estimates a project completion date of 2024. ichigan Sen. Curt VanderWall calls it the Lawrence Legislative Caucus Executive Committee. Some Michigan residents and groups, though, “most scrutinized pipeline in the nation.” “The pipeline is the safest have not given up on the idea of ridding the Great MAnd whatever one thinks the state should way to transport the oil. We Lakes of this oil pipeline (old or new) altogether, do about the future of Line 5 ­­— which is located need to make it safer.” and they now have two powerful allies on their side: under the Straits of Mackinac and carries up to The state’s policy solu- the state’s new governor, Gretchen Whitmer, and 540,000 barrels of oil and natural gas liquids every tion, at least for now, is this: attorney general, Dana Nessel. One of Whitmer’s day — it’s hard to disagree with the observation. Allow Line 5 to continue to first moves as governor was to request a legal opinion Built in 1953, the twin pipelines have been operate for another few years, from Nessel on the constitutionality of SB 1197. under enhanced inspections. Along with Line 5’s age and location in an ecologi- called a “sunken hazard” that put the “Great Lakes Michigan Sen. at risk of a catastrophic oil pipeline rupture.” Meanwhile, begin construc- Curt VanderWall cally sensitive area (the Straits connect lakes Michigan But VanderWall and others note that Michigan tion on a utility tunnel, located and Huron), other factors have led to heavy public relies on the energy supplies being shipped via Line 5. up to 100 feet beneath the scrutiny — reports that Line 5 has spilled at least 1.1 He says, for example, that most of the propane used in lakebed, that would secure a new pipeline. million gallons of oil since 1968, concerns about the Upper Peninsula comes from the 645-mile pipeline, Michigan’s SB 1197, signed into law in late 2018, Enbridge’s lack of “forthrightness” regarding structural which starts in Wisconsin, goes under the Straits, and establishes a Mackinac Straits Corridor Authority to issues, and a break in another Enbridge pipeline nine then winds through Michigan before reaching Ontario. oversee this project as well as subsequent operations. years ago that spilled more than 1 million gallons of oil “To get the same supplies by truck, you’d need The Canadian company Enbridge, which owns Line into Michigan’s Talmadge Creek and Kalamazoo River.

Brief written by Tim Anderson, who can be reached at [email protected]. CSG Midwest provides staff support to the nonpartisan, binational Great Lakes-St. Lawrence Legislative Caucus. Indiana Sen. Ed Charbonneau serves as caucus chair and Illinois Rep. Robyn Gabel as vice chair.

STATELINE MIDWEST JANUARY 2019 3

AROUNDAROUNDTHE THE REGION REGION State fiscal conditions were the focus of several recent national studies — A here are findings for the Midwest Amid strong revenue Eight Midwestern states 1 growth, states are saving 3 get ‘A’ grades in evaluation more, spending moderately of budget practices

Several encouraging signs marked the end of fiscal Are states prepared to handle the next economic year 2018 and the start of FY 2019 in most Midwestern downturn and avoid a fiscal crisis? states, according to a December report from the That is the focus of a December report of the National Association of State Budget Officers. nonpartisan Volcker Alliance, which grades states NASBO’s 50-state study —“The Fiscal Survey of in five areas: budget maneuvers, legacy costs, States” — found that every state in the Midwest met reserve funds, budget forecasting and transpar- or exceeded its FY 2018 estimates for tax collections ency. Eight Midwestern states received “A” grades (see map). During the first part of FY 2019, too, states in at least one of these five categories. Collections exceeded projections such as Kansas, Nebraska and North Dakota were • Indiana, Iowa, Minnesota and Nebraska Collections came in on target with projections reporting higher-than-expected revenue growth. All were singled out for not relying on various fiscal other Midwestern states reporting early results for maneuvers to balance their budgets. These practices Source: National Association of State Budget Officers, “The iscal Survey of States” FY 2019 said that revenue estimates were on target. include using debt to pay for recurring expenses or Nationwide, led by a jump in personal-income transferring money from special funds to the general tax collections, state general-fund revenue rose by 6.4 fund. These practices may help get budgets passed in percent in FY 2018, the fastest rate of growth in five the short-term, alliance researchers say, but they are years. Most of the Midwest’s states reported increases unsustainable and can indicate deeper fiscal problems. State spending, by function, of between 1 percent and 5 percent. (Illinois and • According to the alliance, “meeting promised in FY 2018 Kansas had double-digit increases between FY 2017 public employee pension and other retirement costs % of general % of all state and 2018, due in part to legislated tax increases.) Function remains perhaps the most formidable challenge fund spending spending* States remain fiscally cautious even with this facing many states.” Iowa, Nebraska, South Dakota stronger revenue picture, the NASBO report con- and Wisconsin stand out for being in strong positions K-12 education 35.8% 19.6% cludes: Spending growth is moderate by historical to meet these obligations. Wisconsin’s pension system Medicaid 20.2% 29.7% standards (it is estimated to be 4.3 percent in is 100 percent funded, the alliance study found, while FY 2019), with states instead “bolstering their South Dakota is the only U.S. state where the system Higher education 9.7% 10.1% reserves to prepare for the next downturn” and is “overfunded” (exceeds 100 percent). Transportation 0.7% 8.0% to “seek long-term structural balance.” • Indiana, Michigan, Minnesota and North Corrections 6.8% 3.1% At the end of FY 2018, among the 50 U.S. states, Dakota received “A’s” for the strength of their the median balance for rainy day funds as a share rainy day funds, as well as the rules that govern Public assistance 1.0% 1.3% of general fund expenditures was 6.4 percent. Six contributions to them. Ohio also is highlighted All other 25.8% 28.3% states in the Midwest reported balances higher in the report for “building its rainy day fund even than this U.S. median: Indiana, Iowa, Michigan, * Includes spending from general funds, federal funds, other though revenues have been below expectations.” state funds and bonds Minnesota, Nebraska and South Dakota. In FY Source: National Association of State Budget Officers, “State 2010, the median balance for state rainy day funds Nebraska, South Dakota Expenditure Report” was 1.6 percent. are top-ranked states in A separate end-of-the-year NASBO study (“State 4 Expenditure Report”) found that state spending eclipsed review of fiscal conditions $2.0 trillion for the first time in FY 2018. Two areas, Nebraska and South Dakota ranked first and second K-12 education and Medicaid, consume more than half in the nation, respectively, in a national study of state Share of states’ revenue that comes from of what states spend in their general funds (see table). fiscal conditions. Conducted by researchers at the federal dollars, scal year 2016 Mercatus Center at George Mason University, the

Federal share of overall study used five indicators of short- and long-term 23.8% state revenue is on the rise, fiscal solvency. According to the center, those two 2 26.7% due largely to Medicaid Midwestern states stand out for the amount of the cash they have on hand to cover short-term obliga- 34.0% 26.3% 33.8% Federal dollars have long made up a significant portion tions as well as their low levels of long-term debt and 31.4% of overall state revenue, and that trend is continuing, unfunded pension liabilities. 30.5% 35.1% according to a November 2018 analysis by the Pew The center’s report also noted how tax cuts 28.8% 35.8% Charitable Trusts. In fiscal year 2016 (the last year in made between 2012 and 2017 have affected which federal data were available), the federal share of states differently. During this period, Indiana 23.0% state revenue was 32.6 percent. That is the third-highest legislators cut corporate and income tax rates, but level since at least 1961, Pew researchers say. The State received a smaller percentage of its accompanied these reductions with a broadening revenue from the federal government than the highest levels were in 2010 and 2011, when states were of the tax base (by eliminating some tax incen- percentage among all 50 states (32.6 percent) digging out of fiscal holes from the Great Recession tives). The result: No negative effect on the state’s State received a higher percentage of its and using money from a federal economic stimulus. long-term fiscal solvency. In contrast, the center revenue from the federal government than the The more recent uptick is the result of additional says, Kansas’ fiscal position was weakened during percentage among all 50 states (32.6 percent) federal assistance to states for health care, particu- this period because its tax cuts were not offset by Source: The Pew Charitable Trusts (using U.S. Census Bureau data) larly the expansion of Medicaid. In the Midwest, the base-broadening or spending-reform measures. percentage of state revenue from federal funds in FY 2016 ranged from a low of 23.0 percent in Kansas to a Article written by Tim Anderson, CSG Midwest publications high of 35.8 percent in Indiana. (See map for federal manager. He can be reached at [email protected]. share in all of the Midwestern states.)

4 STATELINE MIDWEST JANUARY 2019 CAPITAL CLOSEUP

Legislatures v. Attorneys General: Who speaks for the state?

by Jon Davis ([email protected])

ow should the powers of a state’s attorney • ends the position of solicitor general, which had Indianapolis — filed in 2011 over the constitutional- general be weighed against those of a state’s been created in 2015 at Schimel’s request. Per the ity of an Indiana statute addressing enforcement of Hlegislative branch? department’s website, the solicitor general represented immigration laws — which resulted in three state That question arose most recently and prominently the state in cases or appeals “that are of special interest senators seeking to intervene to force then-Attorney at the end of 2018 in Wisconsin, when lawmakers made to the state” in federal appellate court, as well as the General Greg Zoeller to defend the entire statute. statutory changes in an extraordinary session which Wisconsin or U.S. supreme courts. (Zoeller had said he wouldn’t defend a provision altered that power balance in favor of the Legislature. (A lawsuit filed in early January alleges the law is identical to an Arizona law the U.S. Supreme Court The moves by the Republican-led Legislature void because neither Wisconsin’s Constitution nor laws found unconstitutional.) were contentious in large part because give the Legislature power to call itself into The U.S. district court denied them, citing Indiana they came soon after Democrat Josh Capital Closeup an extraordinary session.) case law under which the attorney general “has Kaul defeated incumbent Republican Midwestern state constitutions are exclusive power and right in most instances to represent Attorney General Brad Schimel, and largely silent as to the office’s responsibili- t h e st ate .” before Wisconsin’s new Democratic The court further declined to allow intervention ties or obligations, leaving them to statu- governor could block any of the changes. because “allowing the three individual legislators tory definition. An article in the April 2015 But this balance-of-power debate to intervene here in their official capacities as state edition of the Yale Law Journal — which is not necessarily new or unique to senators not only would conflict with this well-settled surveyed the duty of attorneys general to Wisconsin. It has been part of lawsuits and state law, but would provide the legislators a trump card defend state laws — found that all Midwestern states legislation in other states in recent years — particularly with respect to the attorney general’s statutorily derived have laws stating some variation of “the attorney the powers of state attorney generals as they relate to discretion in this context.” general shall represent the state in all cases in which the serving as counsel in the federal courts. Outside the Midwest, the Maryland Defense Act state is a party or the people of the state are interested.” of 2017 allowed the attorney general to file lawsuits Beyond that, Iowa’s attorney general also prosecutes Diminished powers? independently, which overturned a Maryland law from or defends any matter at the request of the governor, 1864 requiring the attorney general to get permission Wisconsin’s new law (SB 884): executive council or Legislature; Ohio’s attorney general from the governor or legislature to file litigation. • bars the attorney general from settling or appears for the state “when required by the governor or In 2011, New Hampshire’s Supreme Court ruled a law withdrawing from civil cases he or she is prosecuting the general assembly” or prosecutes anyone indicted for requiring the attorney general to join a lawsuit against the without approval from the Legislature; a crime “upon written request of the governor.” ACA was unconstitutional because it violated the state • gives the Legislature oversight of proposed settle- In an article in The Council of State Governments’ constitution’s separation-of-powers doctrine. ments or consent decrees in civil cases the attorney 2016 “The Book of the States,” authors Emily Myers and general is defending, and requires him or her to put Ayeisha Cox cited recent challenges to attorneys general Capital Closeup is an ongoing series of articles focusing on settlement funds into the state’s general fund instead in their role as representative of the state in litigation institutional issues in state governments and legislatures. of spending them as he or she sees fit (it also sweeps all and ability to determine when to seek judicial review. Previous articles are available at csgmidwest.org. unspent settlement funds into the general fund); and They noted an Indiana case, Buquer v. City of QUESTION OF THE MONTH Legislature (HB 1013); and California, via a vote of the people (Proposition 7). Changes in federal law, QUESTION: Have any state legislatures considered proposals to end however, are required before states can switch to daylight saving time or to make it year-round? year-round daylight saving time. Federal legislation was introduced in July (HR 6331) that would give states the authority to decide how they observe This past year marked the 100th anniversary of T M daylight saving time. Other proposals (S 2537 and daylight saving time in the United States, and it also HR 5279) call for the the entire country to observe included the introduction of numerous bills — in the daylight saving time year-round. Midwest and elsewhere — seeking an end to the Daylight saving time originally was established “spring forward, fall back” ritual that now occurs in by the U.S. Congress as a way to conserve energy, communities across the country. and the U.S. Department of Energy cites ”reduced Similar proposals are likely to appear in the year electricity use in buildings” as the rationale for con- ahead. Entering 2019, only two U.S. states, Arizona tinuing this federal policy. Conversely, opponents of and Hawaii, did not observe daylight saving time — the policy cite research linking it to disturbed sleep, an option for all states under federal law. At one time, heart attacks and episodes of depression. much of Indiana did not observe daylight saving Meanwhile, the controversy continues in states over time, but that changed with the passage of legisla- how to set time. This fall in Indiana, three children tion 14 years ago instituting its use across the state. died when they were hit by a pickup truck as they Eastern time zone Over the past two years, bills to end the use of day- attempted to board a school bus in the morning. light saving time were introduced in a majority of Mix of Eastern and Central time zones (Eastern in Sen. Eric Bassler told The Indianapolis Star that “if it all but four counties in Michigan’s Upper were daylight, or even sort of daylight, it would be Midwestern states, including Iowa (SF 168), Kansas Peninsula and 12 counties in northwest and more noticeable for drivers to see the kids as they (HB 2519), Michigan (HB 4011), Minnesota (HF 2458), southwest Indiana) approach.” He wants the entire state to move from Nebraska (LB 309) and North Dakota (SB 2167). The Central time zone the Eastern time zone to the Central time zone. proposals in Michigan and North Dakota also would Mix of Central and Mountain time zones (Central have created a single time zone in those respective time in most of Kansas, Nebraska and North states. (Those two states are currently among six in Dakota; more even split in South Dakota) Question of the Month response by Laura Kliewer, a CSG the Midwest without a uniform time zone; see map.) Midwest senior policy analyst. She can be reached at [email protected]. Question of the Month highlights an None of these bills passed, nor did legislation in In 2018, though, two states outside the Midwest inquiry sent to the CSG Midwest Information Help Line: Illinois (HB 424) and South Dakota (HB 1179) calling adopted policies that seek to adopt daylight sav- [email protected] or 630.925.1922. for year-round use of daylight saving time. ing time year-round — Florida, by an act of the

STATELINE MIDWEST JANUARY 2019 5 COVER STORY

CONTINUED FROM PAGE 1 State laws aim to improve support for victims, testing of sexual assault kits

The handling of these kits — by hospitals, law enforcement and crime labs — has been the focus Legislatures revisit statute of limitations for sex crimes of many states’ new policies on sexual assault. In particular, states have tried to address concerns How to set statutes of limitations — or whether to have them at all — in cases involving sexual assault has been the subject of much legislative debate in recent years. Here is a look at some of the changes about a backlog of untested kits, and how this lack adopted by state legislatures in the Midwest. of testing prevents crimes from being solved, keeps serial rapists from being caught, and adversely • Eliminate or extend time limit in cases impacts victims. involving children — Two years ago, S Illinois eliminated the statute of limitations “There is a big message that you send to for felony criminal sexual assault and sexual survivors [with the handling of those kits], and abuse crimes against children (SB 189). Last that message should be, ‘If you get this done, we year, Michigan lawmakers changed their will do something with it,’ ” says Ilse Knecht, the statute-of-limitations provisions to allow for a director of policy and advocacy for the Joyful Heart criminal indictment to be filed within 15 years Foundation. of the offense or by a survivor’s 28th birthday, whichever is later (SB 871). The limits had The foundation has been advocating that states been 10 years and the survivor’s 21st birthday. across the country “end the backlog,” through the adoption of “six legislative pillars of comprehen- • Eliminate or extend the time limit in cases involving violent sex offenses— Six sive rape kit reform.” years ago, Kansas eliminated the statute of One of those pillars is to conduct a statewide limitations on rape (HB 2252). According to inventory of untested sexual assault kits — a step the anti-sexual violence organization RAINN, 10 years 21 years Nebraska, North Dakota and Wisconsin 11 to 20 that most states in the Midwest have taken. In or less years or more addition, through new laws or voluntary partner- also have no statute of limitations for this crime. In 2015, Ohio legislators extended the ships with law enforcement, many states have * States may have longer time limits in their statutes for the most time limit for prosecutors to pursue cases taken the next step of trying to clear the backlog. serious types of felony sex crimes and those involving children. involving rape and sexual battery, from 20 Source: RAINN In 2018, for example, Ohio announced that all of years to 25 years (HB 6). its old kits had been tested. • Eliminate or extend time limit in certain Nine years ago, Illinois became the first in the circumstances — Illinois lawmakers passed a bill in 2018 for cases in which victims were unaware that nation to require a statewide audit of untested rape a sexual assault was committed against them, due to circumstances such as a drug-induced assault. kits and to require new kits to be tested, though SB 2271 extends the statute of limitations to within one year following a victim’s discovery of a crime, even with this law in place, the Chicago Tribune when corroborating physical evidence is available. Indiana’s SB 94, signed into law in 2015, extended reported in November on problems with the length the statute of limitations by five years in rape cases when new DNA evidence is found. of time it takes to process these kits. • Change law on civil actions — Six years ago, with the passage of HF 681, Minnesota legislators Other states in the Midwest with mandates gave child victims of sex crimes a temporary, three-year window to file civil lawsuits from older cases to test new rape kits include Michigan, Ohio and that otherwise would have run up against the state’s statute of limitations. In 2017, Nebraska legisla- South Dakota. tors eliminated the statute of limitations for the victims of childhood sex abuse to pursue civil actions According to Joyful Heart, Michigan requires (LB 300) against the perpetrator who “directly” caused the “injury or injuries.” law enforcement to collect kits from the hospital within 14 days and then send them for testing within 14 days. The lab must then analyze the kits That would have required the hiring of new The state of Kansas has thus far used a volun- within 90 days, if sufficient resources are available. forensic scientists, among other new expenses; a tary approach to address its backlog of kits and to That question of “sufficient resources” is a big fiscal note on this legislation estimated a cost of prevent future ones. one in all of the states. Last year in Nebraska, a $1.2 million in the first year and $433,000 in the A few years ago, Kansas became the first U.S. different version of the Sexual Assault Survivors second. Bolz removed the testing requirement state to get 100 percent compliance from local Bill of Rights would have mandated that all kits be this year from LB 43 to improve the bill’s chances law enforcement on an inventory of all untested tested, estimated to be about 600 a year. of passing. sexual assault kits. More than 2,220 such kits

Two federal grants $ awarded through DNA With goal of preventing sexual assault, some address backlog of Capacity Enhancement states requiring more of college campuses and Backlog Program, untested rape kits FY 2018 Three years ago, in a poll done by The Washington Post and the Kaiser As they’ve worked to address back- Family Foundation, 20 percent of current or recent female students logs of untested sexual assault kits, State Amount reported that they had been sexually assaulted during their time in college. and to bolster the overall collection Illinois $2.6 million and use of DNA evidence, states In that same national survey, 72 percent of respondents (male and have been helped in these efforts Indiana $1.4 million female) reported that their college had some type of awareness and by two federal grant programs. training program in place. In Michigan, the state’s universities must now Iowa $631,000 have such a program in place in order to receive all of their state funding. Under the Debbie Smith Act, the Kansas $463,000 The Legislature adopted this requirement as part of the current budget. federal government awards grants Schools must offer anin-person course or presentation to all freshmen via the DNA Capacity Enhancement Michigan $2.1 million and transfer students. and Backlog Reduction Program. In Minnesota $966,000 fiscal year 2018, close to $68 million Minnesota’s latest budget for higher education created a new statewide went to states and their localities to Nebraska $459,000 coordinator (within the Office of Higher Education) to assist campuses improve lab capacity (see table for with sexual assault prevention and response efforts. That followed North Dakota $226,000 totals from the Midwest). State and legislation in 2015 requiring schools to provide training to staff and students, as well as to have an online system for individuals to report local governments also get federal Ohio $2.0 million grants through the Sexual Assault sexual harassment and violence. Minnesota colleges also must provide annual reports on incidents of sexual assault. Kit Initiative ($43 million in FY 2018), South Dakota $312,000 the goal of which is to “address the Wisconsin $1.1 million Illinois’ HB 821, signed into law in 2015, addressed training on college growing number of unsubmitted campuses as well as the policies that each institution must have to [kits] in law enforcement custody.” Sources: National Institute of Justice address allegations of sexual violence, stalking and other offenses.

6 STATELINE MIDWEST JANUARY 2019 FEATURE STORY

% of U.S. women, men reporting they had experienced some form Examples of recent state laws, proposals and programs of contact sexual violence during their lifetimes in Midwest to improve sexual assault policies

Type of contact sexual violence Women Men Illinois seeks to improve hospital care for victims Rape (attempted or completed) 21.3% 24.8% By 2022, every hospital emergency room in Illinois must have a nurse or other staff that has received training on how to provide specialized care to victims of sexual Made to penetrate someone else 1.2% 2.6% assault, as well as how to properly collect physical evidence. This new requirement is the result of last year’s passage of HB 5245, which aims to reduce trauma among Sexual coercion 16.0% 9.6% victims and improve government prosecutions of sex crimes. Unwanted sexual contact 37.0% 17.9% Indiana developing new system to track sexual assault kits Source: The National Intimate Partner and Sexual Violence Survey Indiana is taking steps to develop a statewide system for tracking rape kits, a move that is the result of last year’s passage of SB 264 and that the Joyful Heart Foundation says will help ensure “all rape kits associated with a reported crime are collected, transported and tested in an expeditious manner.” In late 2018, an Indiana advisory were identified, as were four primary causes for council reported that a tracking system “will be available in the near future.” the backlog: a lack of 1)training on sexual assault cases, 2) resources among investigative units and Iowa conducts statewide survey of untested kits labs, 3) policies on how to handle evidence, and In 2016, Iowa legislators passed a bill (HF 2420) requiring local law enforcement to 4) societal awareness. participate in a survey about the state’s untested rape kits. The results, released in 2017, “There are a number of reasons that this shed light not only on the number of untested kits (4,265), but reasons for the lack of testing. The top three reasons: 1) the victim did not wish to file charges; 2) law enforce- problem [of untested kits] occurred over decades,” ment doubted the truthfulness of the accusation; and 3) the victim did not cooperate. says Katie Whisman, who leads work on the Sexual Assault Kit Initiative (SAKI) for the Kansas Bureau Kansas working group calls for all kits to be tested of Investigation. “To fix the problem is just as Kansas has a working group of prosecutors, law enforcement, forensic scientists and complex.” victim advocates examining the issue of untested sexual assault kits. In April 2018, this Last year, thanks in part to additional resources group recommended that all of the state’s more than 2,200 untested kits be submitted to a forensic laboratory. It also developed a set of model policies for local law enforcement, allocated by the Legislature, Kansas recommended including that any new kits be submitted to a lab within 14 days from evidence collection. that all new kits be submitted for testing, and that law enforcement and laboratories communicate on Michigan ties university funding to sexual assault prevention a case-by-case basis to decide which kits should In 2018, when Michigan legislators approved the higher-education budget, they made be prioritized for processing. some funding contingent on these schools having policies on sexual assault in place. For Meanwhile, progress on Kansas’ backlog contin- example, universities must provide an in-person prevention course or presentation for all ues: As of the end of October, testing on 993 of the freshmen students and establish policies on how to report and investigate allegations. Lack of compliance results in a 10 percent drop in operations funding. state’s 2,220 kits had been completed. Knecht agrees that myriad factors led to the Minnesota establishes new rules on sexual assault kits nationwide backlog of untested sexual assault kits, Minnesota’s HF 3017, signed into law in 2018, improves victim notification on sexual but she identifies one overriding cause: “I think the assault kits and establishes new rules for handling this evidence. If a victim has agreed biggest reason it exists is because of a lack of prioritiz- to have a kit tested, law enforcement must retrieve the evidence within 10 days and ing sexual violence, not treating it as the violent crime then have it sent to a lab within 60 days, unless investigators determine the kit does not “add evidentiary value.” However, they must then record their reasons for not testing. that it is, not understanding the fact that a lot of rapists are serial rapists.” Nebraska considers Bill of Rights for sexual assault survivors As of late 2018, she says, three U.S. states (all A Sexual Assault Survivors Bill of Rights has once again been introduced in the Nebraska outside the Midwest) had adopted each of the Unicameral Legislature. Last year’s LB 1126 never made it out of legislative committee, foundation’s six “pillars of reforms”; many others had but the bill’s sponsor, Sen. Kate Bolz, announced plans in October to introduce a “new, implemented some of them. streamlined version.” Her goal with LB 43: Ensure that survivors are notified of formal and informal supports available to them during medical and law enforcement interactions. “We are hopeful and optimistic about the progress that has been made so far,” Knecht adds. North Dakota ensures right to counsel for students accused of sexual assault North Dakota gives students at public universities the right to be represented by legal New law for tracking rape kits counsel (at their own expense) when contesting sexual misconduct allegations or other serious non-academic disciplinary charges. SB 2150 received near-unanimous The Ohio law requiring old and new sexual assault approval in 2015. Its passage followed the controversial expulsion of a University of kits to be tested dates back to 2014 (SB 316). In North Dakota student accused of sexual assault. He was later cleared by the university. late 2018, with the passage of SB 201, legislators established a new system that allows each kit to Ohio allows victims to track rape kits — from collection to storage be tracked as it goes through the chain of custody Legislation passed in Ohio (SB 201) in late 2018 creates a Sexual Assault Kit Tracking System. All agencies involved in the chain of custody of these kits must participate — from collection to testing to storage. in the system, which will be run by the state attorney general’s office. With the new Ohio’s labs, hospitals and law enforcement system, victims of sexual assault can anonymously follow the status of evidence as must participate in this tracking system, which it is collected, analyzed, stored and, in some cases, destroyed. will improve state accountability over how these kits are handled, Ohio Sen. Stephanie Kunze says. South Dakota law helps victims through forensic-exam process SB 201 stipulates, too, that victims have the A bill passed by the South Dakota Legislature in 2018 (HB 1126) ensures that victims ability to anonymously access the statewide tracking of sexual assault don’t have to worry about erroneously being billed for the cost of a forensic medical exam. The new statutory language adds clarity to an existing law system. By using a bar code, an individual will be that says the county or the perpetrator, upon his or her conviction, must pay the able to track the location and status of his or her kit. exam costs. Victims also must be notified of the availability of the no-cost exam. “If you’ve been a victim of sexual assault or rape, not having an idea of where that kit is in the Wisconsin clears backlog of sexual assault kits, considers new mandate process can be concerning,” Kunze says. “And it In fall 2018, the Wisconsin attorney general’s office announced that the state had was important to have a way that they could track cleared its backlog of more than 4,100 untested sexual assault kits. Some of the kits dated back to the 1980s, according to the Wisconsin State Journal. Brad Schimel, then it privately on their computer, instead of having to the state’s attorney general, also called on legislators to pass a law to prevent future call different places, to find out the status.” backlogs — by requiring law enforcement to send new kits for testing within 72 hours. In late 2018, Indiana announced plans to establish a tracking system of its own.

STATELINE MIDWEST JANUARY 2019 7 STATELINE PROFILE Wisconsin Rep. Mary Felzkowski Initially reluctant to run, she’s ascended to leadership in a new session and new environment, as Wisconsin returns to divided government

by Jon Davis ([email protected])

he Wisconsin Assembly’s new assistant ma- jority leader has a secret: She never intended Bio-sketch of Rep. Mary Felzkowski Tto be a legislator. A lifelong resident of northern Wisconsin’s  elected to Wisconsin Assembly in 2012 Lincoln County, Mary Felzkowski (Mary Czaja,  chosen assistant majority leader in 2018 as she was known back in 2012) was happy as the owner of an insurance company when a client, who  Insurance agency owner (CIS Insurance Group, in happened to be ex-Rep. Don Friske, called her to Tomahawk, Wis.) ask if she was going to be in her office at 4:30 p.m.  1986 graduate of University of Wisconsin-River Falls, “I thought he was coming in for insurance. And then he walked in with Speaker [Robin] Vos, the ma- with a bachelor’s degree in finance and economics jority leader at the time [Scott Souter], Jenny Kostas,  she and husband, Fries, have five children and three who works for Robin, and they made the pitch that grandchildren I should run for office,” Felzkowski says. “My initial reaction was, ‘No, I don’t want to do that.’ ” But after calls from other legislators and talking with friends and family, she ran for the “With split government, we need to be realistic ... and Assembly seat and was elected with 57 percent of the vote. find out where we have common ground. I think it will “I had never served in public office,” she recalls. be health care.” “It’s not like I served at the county level or anything like that, so it was a whole new experience. “I never worked at something so hard in my the rest of the United States combined. So that was Wisconsin, as in all areas of Wisconsin, is the drug life. I was knocking on doors — it was day in and really, probably, I’d say my biggest accomplishment. crisis — the opioid crisis in some parts of the state, day out — and then running the insurance agency, but up in my area it’s meth. but I very much enjoy it, so I’m glad I did it.” What are your top legislative priorities for Rep. John Nygren has done a phenomenal job Felzkowski initially concentrated on legislation Q: the 2019 session? with the HOPE [Heroin, Opioid Prevention and related to hunting and outdoor sports such as I think that one of the things you’re going Education] agenda. snowmobiling, along with various education issues. A: to see is health care — access to health care, We have people that are using drugs and we’re Re-elected for a third time in November 2018, expanded health care, mental health care, everything. helping them to get their lives back. But now I’m Felzkowski was tapped to be assistant majority leader, We’re very fortunate in the state of Wisconsin in that looking at this issue, and I said this to John, with a position she hopes to use to reconnect her party to our hospital system is No. 1 and our quality of health this question in mind: “What is the why?” Why voters who went in a different direction this past fall. care is always No. 1 to No. 3 nationwide. But that are they using those drugs? And I think that until we really get a handle on that and work through As she prepared for her new responsibilities doesn’t mean that everybody has equal opportunity it, I don’t know that we ever really solve the issue. and challenges, Felzkowski discussed her views or access to that health care, especially our rural areas on leadership and being a legislator with CSG and maybe some of our lower-income urban areas. How does the state get at the “why” question, Midwest. Here are excerpts from her interview. That’s going to be a priority for people. With split government [Republicans control Q: legislatively? I wish I had a really good answer to that. What would you say are your biggest accom- the Legislature, Democrats the governor’s office], I don’t know, but I know that there are a plishments in the Legislature so far? we need to be realistic. There’s going to be probably A: Q: very few reforms that we would like to see happen whole lot of people who work in drug counseling My first session was unique for me. There that are going to get done, so we’re going to have and different areas that can help us get to those weren’t a lot of people who were into the A: to work with Gov. [Tony] Evers and find out where answers. But I think that’s going to be our next sporting heritage in the Assembly at that time, and we have common ground. I think it’ll be health challenge. We need to figure out why people are for the past 15 years [preceding 2012,] there had care, mental health care. doing what they’re doing. been work on legislation to allow people to hunt I also hope we can get some criminal justice with crossbows. We were able to get that done in reform done. I know that’s a priority at the federal Was stepping into a leadership role something my first session. level, and I know that both sides would like to see you anticipated? What did you think when you I also worked on what’s called “CAP/STEP” Q: it get done at the state level, too. were approached about it? [the state’s Club Assistance Program/Snowmobile In doing [campaigning] for other repre- Trail Enhancement Program] with snowmobile What elements of criminal justice reform A: sentatives and helping them out, I thought associations. [Editor’s note: Under CAP/STEP, Q: would you like to see in Wisconsin? to myself, and I don’t mean this as a negative, but if snowmobilers must buy a trail pass in addition to a I think that we would like to look at some you look at our leadership team, it’s ... middle-class vehicle license; proceeds from both are then used to A: of our nonviolent crimes that are felonies white males. So how do we tell a different story? help maintain snowmobile trails around the state]. and move them off the felony roll. And then, I’m a college-educated, 55-year-old white female. In my second and third terms, I was on the how do we help — once you’ve paid your dues Why am I a conservative? ... Safety, education, Joint Committee on Finance, and we did a lot of the to society, so to speak? How do we help you get good-paying jobs, low taxes, opportunities — things around education, but especially fabrication the education you need? Or help you get back to those are all the things that we want. That’s what laboratories, or “fab labs” [today’s version of school work, have the family life and become a productive our voter base said they wanted. But we’ve lost the technology labs]. There are more fab labs in the state member of society? narrative on that. I look at my role as an opportunity of Wisconsin for tech education than there are in One of the largest hurdles we have in northern to start having those conversations again.

8 STATELINE MIDWEST JANUARY 2019 FIRST PERSON A FORUM FOR LEGISLATORS AND CONSTITUTIONAL OFFICERS Together, states are finding way to make ABLE work for disabled Tax-advantaged accounts help individuals, families build financial security by Illinois State Treasurer Michael Frerichs

hen I took office, our team was honored to get the opportunity to launch the Overview of ABLE and programs in the 11-state Midwest “Achieving a Better Life Experience,” or W The December 2014 signing of the Achieving a Better Life Experience (ABLE) Act marked a major policy ABLE, program after it became law in Illinois (the victory for individuals with disabilities as well as their families and advocates. This federal law authorizes result of SB 1383, passed in 2015). state-based, tax-free savings accounts to help individuals and their families build up financial resources As the state’s chief investment officer, my primary that can then pay for disability-related needs. role is to serve as a fiscal watchdog and to invest The ABLE Act also opened up new policy options, and decisions, for the 50 states. More than four years money on behalf of taxpayers, college savers and units later, most states have established their own programs, including eight of the 11 Midwestern states of local government. However, I believe strongly that (see map). Ohio was the first state in the nation to open enrollment; its tax-free savings account for the the treasurer’s office must also invest in people. disabled is called “STABLE.” Eleven other states have since partnered with Ohio to offer STABLE ac- ABLE accounts help to solve a longtime predica- counts. Illinois, Indiana, Iowa, Kansas and Minnesota, meanwhile, are part of the National ABLE Alliance ment that many people with disabilities face — how to (see main article for details). build financial wellness without risking much-needed In the Midwest, ABLE programs are most commonly administered or overseen by state treasurers. Under federal government benefits. federal law, annual contributions by an individual to an ABLE account cannot exceed $15,000. These Before congressional passage of the ABLE Act in contributions are not deductible for federal tax purposes. In six Midwestern states, however, these late 2014, those with disabilities who had more than contributions can be used as a deduction when filing state income taxes (see map). $2,000 in their name would lose government benefits S ALE I such as Supplemental Security Income (SSI). Caps on M ALE such benefits committed people with disabilities to a lifetime of poverty and disincentivized employment. ABLE accounts make it possible for SSI beneficiaries to save up to $100,000 without impacting their benefits. Other benefits, such as Social Security Disability Insurance and Medicaid, are not suspended based upon account balances. ABLE account owners not only achieve greater financial independence, their ABLE account can help reduce reliance on public assistance. Contributions to an individual’s account may be made by the individual, as well as his or her family and friends or any other third-party contributor. These Program up and running contributions are tax-deductible, and earnings and Yes No withdrawals are tax-free when used for qualified, No state program in place; residents can disability-related expenses — for example, medical open ABLE accounts through programs running in other states Source: ABLE National Resource Center care, education, employment training, assistive technology, housing and transportation. If an individual qualifies for Social Security or As chairperson of the ABLE Committee of the Social Security Disability, he or she likely will qualify Illinois part of 16-state ABLE Alliance National Association of State Treasurers, I will for ABLE. An additional requirement is that the indi- hen our state wanted to launch its ABLE pro- continue to work diligently to foster the growth of vidual must have been disabled before the age of 26. gram, we quickly discovered some unique ABLE plans across the country by advocating for While the account beneficiary is always the Wchallenges in trying to ensure its success. legislation that will strengthen and increase access to account owner, others (through legal guardianship The number of individuals that this program could these accounts for people with disabilities. or power of attorney, for example) can help manage serve was too small, and the administrative needs ABLE funds for those beneficiaries who want or need were too big for Illinois to go it alone. It would be cost- Michael Frerichs was elected Illinois state treasurer in the assistance. prohibitive to the very families and individuals for whom November 2014 and re-elected this past fall. He previously an ABLE account would make a difference. So we reached served in the Illinois Senate and is a 2008 graduate of CSG % of state’s population, under age out to states across the country and built a bipartisan Midwest’s Bowhay Institute for Legislative Leadership 65, that is disabled consortium. The result: Achieving an economy of scale Development (BILLD). that makes ABLE plans possible for many states. 7.0% Today, I am proud to say that Illinois leads the National ABLE Alliance, a 16-state consortium that 7.3% Submissions welcome represents more than one-quarter of the nation’s 8.3% 13.8% This page is designed to be a forum for legislators and ABLE-eligible population. (Indiana, Iowa, Kansas 10.4% constitutional officers. The opinions expressed on this page 7.9% and Minnesota also are in the alliance.) 7.6% do not reflect those of The Council of State Governments or 10.0% This consortium, which includes “red” and “blue” 7.1% 9.9% states, offers a best-in-class, low-cost ABLE program the Midwestern Legislative Conference. Responses to any FirstPerson article are welcome, as are pieces written on 8.8% with an exclusive checking account feature. By pool- ing investments and administrative costs with other other topics. For more information, contact Tim Anderson states, we created an ABLE program for thousands of at 630.925.1922 or [email protected]. Source: U.S. Census Bureau families and their loved ones.

STATELINE MIDWEST JANUARY 2019 9 CSG MIDWEST NEWS & EVENTS

Sen. Elgie Sims is now chair of Midwestern Legislative Conference Illinois lawmaker will help host summer meeting of region’s legislators in Chicago CALENDAR OF while also focusing on his MLC chair’s initiative — building civic engagement UPCOMING EVENTS

en. Elgie Sims, a member of the Illinois MLC leadership team for 2019 74TH ANNUAL MEETING OF THE General Assembly since 2013, will lead the MIDWESTERN LEGISLATIVE SMidwestern Legislative Conference (MLC) CONFERENCE in 2019 as its chair. He officially took over the July 21-24, 2019 ~ Chicago, Illinois position in December, when the MLC Executive Event details Committee met in conjunction with The Council • Premier meeting for the Midwest’s state and of State Governments’ National Conference. provincial legislators The nonpartisan MLC — which receives staff • Mix of sessions on public policy and professional support from CSG Midwest — is made up of all state Illinois Sen. Elgie Michigan Sen. Ken development, as well as renowned speakers legislators from the Midwest. Legislators from four Sims, chair Horn, first vice chair • Family-friendly event with activities for spouses, affiliated Canadian provinces also participate. adult guests and children of attendees Sen. Sims has made building civic engagement the • Visit csgmidwest.org or call CSG Midwest at focus of his 2019 MLC chair’s initiative. This topic will 630.925.1922 for more information be covered regularly in Stateline Midwest and also will be the focus of a session at this year’s MLC Annual 25TH ANNUAL BOWHAY INSTITUTE Meeting, which will be held July 21-24 in Chicago. The FOR LEGISLATIVE LEADERSHIP meeting is one of many products and services that DEVELOPMENT (BILLD) CSG Midwest and the MLC provide to legislators. This South Dakota Sen. Indiana Sen. Ed August 9-13, 2019 ~ Minneapolis, Minnesota work is overseen by the MLC Executive Committee Gary Cammack, Charbonneau, Application deadline: April 10 and its team of four officers (see photos). second vice chair immediate past chair Event details • Program designed for legislators in their first four years of service Great Lakes Caucus secures grant to advance • Includes legislator-focused training on leadership, professional development and public policy policy work that addresses nutrient pollution • BILLD Fellows chosen through competitive application process • Applications available at csgmidwest.org new grant from the Fred A. and Barbara the founder of the caucus) later this year with a focus • Visit csgmidwest.org or call CSG Midwest M. Erb Family Foundation will help on finding policy solutions. senior program manager Laura Tomaka at Athe region’s legislators develop strate- CSG Midwest provides staff support to the bina- 630.925.1922 for more information gies that address one of the tional, nonpartisan caucus, which greatest threats to the Great also receives financial support CSG HENRY TOLL Lakes — nutrient pollution. from the Joyce Foundation. Caucus FELLOWSHIP PROGRAM Leaders of the Great membership is free and open to August 23-28, 2019 ~ Lexington, Kentucky Lakes-St. Lawrence Legislative legislators in the Great Lakes’ Caucus have targeted this eight U.S. states and two Canadian Event details environmental problem as provinces. • One of nation’s premier leadership programs a priority, and the grant will Indiana Sen. Ed Charbonneau for state government officials help launch the Patricia Birkholz Institute for is the caucus chair; Illinois Rep. Robyn Gabel is • Designed to stimulate personal assessment and Great Lakes-St. Lawrence Policy (named after the vice chair. growth, while providing priceless networking and relationship-building opportunities • Toll Fellows chosen through competitive Legislators explore energy policy in Germany on CSG-led trip application process • Visit csg.org for more information Legislators traveled to Germany in late 2018 to explore the country’s transition to a low- carbon economy. This study trip is the result of GREAT LAKES-ST. LAWRENCE an ongoing partnership between CSG Midwest LEGISLATIVE CAUCUS ANNUAL MEETING and Germany’s Federal Foreign Office. The most September 13-14, 2019 ~ Chicago, Illinois recent legislative delegation included Illinois Event details Reps. Laura Fine and Will Guzzardi, Iowa Sen. • Meeting for state and provincial legislators that Waylon Brown, Alberta MLA Richard Starke, focuses on protecting, restoring Great Lakes Manitoba government officials Neil Cunningham and Adrian Vannahme, and Ontario MPPs • Visit greatlakeslegislators.org or contact Lisa Janairo at [email protected] for more information Sol Mamakwa and Judith Monteith-Farrell. They are pictured touring a biogas plant in western Germany. (photo: INPOLIS)

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 JANUARY 2019 CSG MIDWEST’S BILLD PROGRAM

The Bowhay Institute for Legislative Leadership Development , or BILLD, provides annual training on leadership and professional development for newer state legislators from the Midwest. This page highlights key upcoming BILLD dates, provides updates on alumni of the program, and features 1995 2 2019 articles by BILLD faculty and others on topics related to the work of state legislators. 5 Gary Moncrief: 5 trends that have changed BILLD Alumni Notes legislative environments over past 25 years North Dakota Rep. Chet Pollert, BILLD Class of 2001, was elected by his caucus in November to serve as majority leader. his year marks the 25th anniversary of CSG Pollert, the owner of a grain and feed operation, Midwest’s BILLD program, which has now Guest Author: Professor Gary Moncrief was first elected to the North Dakota House in provided training to nearly 850 legislators T Boise State University 1998. During the previous six sessions, Pollert had since its inception. How has the environment for Professor Gary Moncrief is been chair of the Human Resources Division of the state legislatures — and the people who serve a distinguished national Appropriations Committee. During his two de- in them — changed since that inaugural BILLD expert on state legislatures cades of legislative service, he has held numerous program in 1995? Here are five notable shifts as whose books include other committee leadership BILLD approaches its silver anniversary. “State Legislatures Today” and “Why States Matter.” positions, including vice He leads a session during chair of the Transportation The impact of party and Agriculture commit- alignment and rise of the BILLD program on 1 legislative institutions. tees, as well as chair of the ‘unified’ government Interim Budget Committee in 2013-2014 and the A realignment of the political parties was underway the term. In fact, Facebook was not introduced Interim Correctional North Dakota in 1995. The core of this realignment occurred in the until 2004. Twitter did not exist until 2006; Facility Review Committee Rep. Chet Pollert South. Of that region’s 30 state legislative chambers, Instagram until 2010. They are ubiquitous in in 2007-2008. Democrats were the majority party in 26 of them in today’s world, and virtually all elected officials Two other BILLD alum- 1995. Today, Republicans are the majority party in all have one or more social media accounts. Yet we ni join Pollert on his caucus’s leadership team: Rep. 30. Partisan shifts in other regions have been far less do not currently fully recognize the implications Scott Louser (class of 2013) is assistant majority dramatic, but still noteworthy. In 1994, Democrats had of social media for facilitating self-selection and leader, and Rep. Shannon Roers Jones (class of majorities in 10 of the Midwest’s 20 partisan legislative incivility. As Evan Williams, co-founder of Twitter, 2017) is majority caucus chair. Other graduates chambers. One year later, that number had fallen to now recognizes, “The trouble with the internet is of BILLD serving in North Dakota leadership this four. Today, 17 of the region’s chambers are Republican- that it rewards extremes.” session include Rep. Karla Rose Hanson (class controlled and three are held by Democrats. The of 2018), assistant minority leader; and Sen. Erin realignment has implications for the prevalence of Partisanship triumphs Oban (class of 2015), minority caucus chair. divided government at the federal level and the increase 4 over legislative process in unified (“trifecta”) governments at the state level. In in era of ‘tribalism’ 2019, we again have divided government nationally, but In 2018, several BILLD Fellows made 37 states with unified government: one party controls The evidence that the parties have become increas- successful bids for offices outside of the state the governor’s office and both legislative chambers. ingly polarized is abundant. This is especially true legislature. since 1995. More importantly, this polarization has • Former Sen. Vicki Schmidt (class of encouraged an “us-them” mentality often called Technological changes 2006): Kansas insurance commissioner and how they transformed “tribalism.” When we view the opposition party as 2 “the enemy,” it becomes easier to justify winning • Former Sen. Kwame Raoul (class of how we communicate by any means. We adhere to rules only when the 2007): Illinois attorney general One of the most obvious changes since 1995 is in the rules are to our advantage. Process becomes less • Former Sen. Frank LaRose (class of area of technology. In 1995, 14 percent of Americans important than partisanship. 2013): Ohio secretary of state used the internet. Today, the figure is about 90 • Former Sen. John Murante (class of percent. Nowadays, too, about 70 percent of the More money, independent 2014): Nebraska state treasurer spending going to races population owns a smartphone. The first rudimentary 5 • Former Sen. Dan Watermeier (class smartphone was introduced in 1992, but the device for state legislature of 2014): Nebraska public service did not become popular until the Blackberry (2002) commissioner and the iPhone (2007). Search engines such as Yahoo One of the biggest changes since 1995 is the increase • Former Sen. Lynn Rogers (class of 2018): (1995) and Google (1998) were just beginning. in campaign spending in state legislative races, and especially the increase in independent spending. Kansas lieutenant governor The pervasiveness of More than $4 million was spent in an Illinois House In addition to the re-election of dozens of 3 social media and how it race in 2016; over $10 million was spent in each BILLD Fellows, a few are returning to rewards ‘extremes’ of two state senate races — one in Florida, one in legislative service after a hiatus. Texas — in 2018. Most surprisingly, control of the In 1995 there was no social media as we now know chamber was not in question in any of these races. • Ohio Rep. Jamie Callender (class of 1997) • North Dakota Sen. JoNell Bakke (class of 2009) Legislators encouraged to apply for 2019 BILLD fellowship • South Dakota Rep. Fred Deutsch (class of 2015) State lawmakers from the Midwest in their first four years of service are eligible to apply for a fellowship to attend the 25th Annual Bowhay Institute for Legislative Leadership Development (BILLD), which • Michigan Sen. Aric Nesbitt (class of 2012) will be held Aug. 9-13 in Minneapolis. Applications are due on April 10. Fellowships cover the cost of tuition, lodging and meals, as well as a partial travel stipend for the Please submit Alumni News to Laura Tomaka, CSG five-day program. The interactive curriculum includes a mix of sessions on public policy, professional Midwest program manager for BILLD. She can be development and leadership. Thirty-seven legislators will be selected to attend this year’s program. reached at [email protected]. Visit csgmidwest.org for the application and more information about BILLD.

STATELINE MIDWEST JANUARY 2019 11 CAPITOL

NONPROFIT fell. in theMidwest) where total population was oneofeight U.S. states (andtheonlystate international migration (+30,735);however, it Illinois hadtheregion’s highestnetgainfrom increase inresidents dueto domesticmigration. Dakotanesota andSouth inexperiencing anet New York andCalifornia). third biggestdrop behindonly inthecountry gration, mostnotably Midwest lostpopulation dueto domesticmi 2017 and 2018, most statesBetween in the year; that compares to 1.8millionin2008. past decade. Nationwide, itwas 1.04millionlast this natural increase hasbeenindeclineover the ever, U.S. Census Bureau researchers note that thandeaths.population —more How births western state experienced a “natural increase” in tional migration. that On firstfactor,Mid every deaths; 2)domesticmigration; and3)interna vs. thenumberof tion: 1)thenumberofbirths Three changesinastate’s cause factors popula percent), according to the U.S. Census Bureau. Dakota, +1.0percent; +0.8 andMinnesota, 2018(Southbetween 2017andJuly July to eclipse the U.S. growth rate of 0.6 percent also were the only two states in this region ing at thefastest rates intheMidwest. They show Population data released at theendof2018 Dakota andMinnesota growing fastest inSouth In Midwest, population ORGANIZATION U.S. POSTAGE PAID Dakota South CAROL STREAM, IL Stateline PERMIT NO. 1859 and Illinois Indiana Minnesota (-114,154,the joinedMin grow

Midwest

January 2019 CLIPS

The Council of State Governments ------Midwestern Office Ohio other four are broad “direct democracy” laws inplace. The isoneoffiveMichigan Midwestern states with ments, statutes andveto referenda. plies to voter-initiated constitutional amend 14 congressional districts. This newlaw ap single congressional has Michigan district. of an initiativeity come petition can from a the signatures usedto determine thevalid graphic diversity.” No more than15percent of requires have what its supporters called “geo HB 6595,signedinto law inlate December, anywhere inthestate. ply gathering enoughvalid signatures from tives on the ballot will require more than sim In future ‘geographic diversity’ ballot measures to have Michigan now requires of the counties percentagecertain ofsignatures inat leasthalf counties. In Ohio, ballot measures must have a tered voters ofthestate’s inat leasttwo-fifths must be fromcollected 5 percent of the regis cording to have “geographic distribution” requirements, ac Among these states, Nebraska also and Ohio ers to only.) changethelegislative article votescounty. for cast governorthe in natures mustbeequalto at least5percent ofthe constitutional amendment, thenumberofsig 701 E. 22nd Street, Suite 110 and Lombard, IL 60148-5095 Michigan South Dakota South

Phone: 630.925.1922 Ballotpedia

Fax: 630.925.1930 ­­— for example, for a proposed Nebraska Email: [email protected] elections, getting initia elections, csgmidwest.org . InNebraska, signatures . ( Illinois , CHANGE SERVICE REQUESTED Dakota North allows vot ------, they are for theoverall workforce. care workers are upto 12timeshigherthan Office, ratesability ofassaultagainsthealth According to theU.S. Government Account specific penaltiesfor assaultsagainstnurses. and Illinois, workers. The American NursesAssociation lists against first-responders andmedical-care creases penaltiesfor assaultscommitted Dakota’South facilities to follow for whencaring aninmate. for nurses, andcreates guidelinesfor newsafety as well), establisheswhistleblower protections grams ( to develop workplace violence-prevention pro The newlaw requires facilities Illinoismedical officer were taken hostage atanotherhospital. month later, anursingassistant andcorrections saulted before police fatally shot the inmate. A officer’s Oneofthenurses gun. was sexually as treated at theirhospitalgotholdofacorrections were taken hostageafter aninmate being case, the in response to two high-profile incidents. Inone The and otherhealthcare professionals. place that aimto improve ofnurses thesafety Two states intheMidwest have newlaws in Illinois, Dakota South is goalofnew laws in nursesafety Protecting Illinois Ohio Minnesota Iowa asamongtheotherU.S. states with Chicago Tribune General passedHB4100 Assembly , Kansas s HB1293,meanwhile, in has this type ofrequirement hasthistype , Michigan reports, two nurses , Nebraska - - - -

option to overcome someofthegeographical show that telemedicine “may beemerging asan ofPublicUniversity School Health, ofMinnesota ofHealth by andducted thestate Department These newfindings, the result of research con visits”“virtual jumpedfrom 11,113to 86,238. 2010and2015,thestate’sBetween numberof cine inthat state. tails adramatic riseintheuseoftelemedi studyin A first-of-its-kind to inMinnesota care, and reducing barriers Telemedicine isonrise, equipment. access, andnewinvestments intelemedicine ofcare,ly at issuessuchasquality broadband cine willrequire thestate to lookmore close According to Malcolm, thisriseintelemedi ance visitingonlinewithnursepractitioners. throat, withconsumers ofcommercial insur conditions, such asthecommon cold orstrep vices in metro areas involved non-emergency Conversely, oftelemedicine ser themajority rologist to for caring astroke discuss patient. room visitwithaneu initiates doctor avirtual someone to apsychiatrist, oranemergency care— for example, provider aprimary refers patients to connect practitioners withspecialists medicine was more commonly used by general Minnesota’sIn nonmetropolitan areas, tele missioner ofHealth JanMalcolm says. barriers ofaccessing care,” specialty state Com Minnesota de ------