On the Edge States Face a Crisis If Retirees Go Broke

HOW MUCH DO YOU KNOW ABOUT SMALL MODULAR NUCLEAR REACTORS? PAGE 7

June 2017

On the Edge States face a crisis if retirees go broke.

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JUNE 2017 2 STATE LEGISLATURES A National JUNE 2017 VOL. 43 NO. 6 | CONTENTS Conference of State Legislatures Publication

Executive Director William T. Pound

Director of Communications Karen Hansen

Editor Julie Lays NCSL’s national magazine of policy and politics

Assistant Editor Kevin Frazzini Contributing Editor FEATURES DEPARTMENTS Jane Carroll Andrade

Online Magazine Ed Smith (UN)READY FOR RETIREMENT Page 10 SHORT TAKES PAGE 4 Mark Wolf BY ANNA PETRINI Connections, support, expertise and Advertising Sales Manager States face a costly future if their citizens fail to save enough for ideas from NCSL LeAnn Hoff retirement. (303) 364-7700 [email protected] STATESTATS PAGE 6 Contributors Understanding the basics of Medicaid Michelle Exstrom Karmen Hanson Martha King Alison Lawrence TRENDS PAGE 7 Meghan McCann Dan Shea The latest on small-scale nuclear Rich Williams reactors, cyberbullies called catfish, Art Director aging at home, the connection Bruce Holdeman between health and education, and the NCSL President Senator Daniel T. Blue war on opioid addiction North Carolina

NCSL Staff Chair Raúl E. Burciaga STATELINE PAGE 18 Director, Legislative Council Service From George Washington’s distillery to New Mexico sunscreen in schools and more Denver Office 7700 East First Place Denver, Colorado NEWSMAKERS PAGE 24 80230 (303) 364-7700 A look at who’s making news under the

Washington, D.C., domes Office 444 N. Capitol St. N.W., Suite 515 Washington, D.C. OPINION PAGE 30 20001 Some thoughts on Supreme Court Justice (202) 624-5400 Neil Gorsuch’s contentious confirmation State Legislatures (ISSN 0147-0641) is process published 10 times a ©2017 BRUCE HOLDEMAN year by the National Conference of State Legislatures. BEHIND BARS, BEHIND IN PAYMENTS Page 20 THE FINAL WORD PAGE 31 ©2017, All rights reserved. Reproduction BY JANE HOBACK Hawaii House Speaker Emeritus JOSEPH SOUKI in whole or in part For parents in prison, unpaid child support bills can become a “Listen first and then ask questions … without permission is prohibited. Requests crushing debt. compromise at times if need be.” for permission to reprint may be emailed to Julie Lays at: julie. [email protected]. FACTS BEFORE FUNDING Page 26 Opinions expressed in this magazine BY ALLISON HILTZ SL ONLINE do not necessarily reflect NCSL policy. Evidence-based policymaking can arm lawmakers with You can find more information and links to State Legislatures is indexed in the PAIS information about what works. resources on topics covered in these pages Bulletin and Expanded at SL Online. Academic Index. Annual subscription NEW MEXICO’S VETO WAR Page 29 rates: U.S.—$49;  Go to ncsl.org/magazine foreign—$55; BY DAN MCKAY teachers—$25 (promo code SLMTEA). The battle over the budget reaches new heights in the Land of Single copy: $6.50. Periodically, NCSL Enchantment. rents mailing labels to other organizations. If you prefer your name not be included please send a written request.

Postmaster: Send address changes to: State Legislatures magazine, 7700 East First Place, Denver, CO 80230. STATE LEGISLATURES 3 JUNE 2017

SHORT TAKES ON NCSL NEWS SUPPORT The Women’s Legislative Network NCSL America’s female legislators are trailblazers and visionaries, experts, mentors, Democrats and EXPERTISE Republicans, solution-seekers and problem-solvers. “Federal law pre- And all of them are automatically members of empts state law, but NCSL’s Women’s Legislative Network—the bipartisan sometimes it creates organization that helps women connect, learn and a floor instead of a lead together. Join them at the Legislative Summit in ceiling for actions that Boston in August. The network is planning dynamic can be taken by the sessions on STEM education and communication skills. states.” Visit ncsl.org/wln to learn more. Rachel Morgan on how New York’s ban on higher health insurance From left, Tennessee Representative Brenda Gilmore; premiums for older residents does Katie Ziegler, NCSL liaison to the Network; and South not conflict with federal law, which Dakota Representative Kristin Conzet caps age-based premiums, on PolitiFact.com.

“It seems to be an organic rising. It’s not like there’s somebody behind the IDEAS scenes pushing this legislation.” Nuclear Knowledge Jon Griffin on growing state efforts NCSL staff travel to states to offer expert to regulate protests, in the Indiana testimony and other assistance more Lawyer. than 80 times a year. In May, NCSL’s Dan Shea and Kristy Hartman testified before “They’ve allowed the newly created Pennsylvania Nuclear people to take some Energy Caucus—the nation’s first bipartisan, action to protect their bicameral caucus focused on nuclear information.” issues. They presented information on Pam Greenberg on nuclear power trends in the U.S. and fielded the increasing number questions about what states are doing to of state laws requiring businesses prevent nuclear power plants from closing. and the government to notify people of security breaches that Pennsylvania Representative Becky Corbin could compromise their privacy, on discusses nuclear power with NCSL staffer CBSNews.com. Dan Shea.

“It’s definitely picked up the last few years, both on the ballot measure and legislatively.” Caring for Foster Youth Jackson Brainerd on Maryland Delegate C.T. Wilson—a efforts to increase the minimum former foster care youth—helped wage, in Bloomberg BNA. host Foster Youth Day in Annapolis,

Maryland, to teach the kids about the “It’s a living and legislative process. NCSL’s Meghan breathing document.” McCann and Nina Williams-Mbengue Brenda Erickson on were on hand to engage lawmakers on how it’s not uncommon issues affecting older youth in foster to amend state care. Check out NCSL’s Extending constitutions, on KUNM. Foster Care Policy Toolkit at ncsl.org/

magazine. Pennsylvania’s proposal is “a good first step.” From left, McCann and Williams- Ben Husch on a Mbengue, Delegates Vanessa Atterbeary comprehensive bill to and Wilson, and, in front, Joy Jones, regulate the testing of Wilson’s chief of staff. autonomous vehicles, on TRIBLive.com.

JUNE 2017 4 STATE LEGISLATURES

SHORT TAKES

CONNECTIONS Intercontinental Collaboration A delegation from the Conference of State Colorado Senate Legislatures of Nigeria visited NCSL’s Denver President Kevin headquarters in March to explore whether Grantham dons a NCSL could be a model for an effective traditional Nigerian member organization for the 36 states in shirt during a visit Nigeria. The group formed last year to “ensure with members of the independence, quality, effectiveness and the Conference of engender unity of purpose among the 36 State Legislatures of State Houses of Assembly in Nigeria.” The Nigeria. delegation heard from more than a dozen staff on NCSL’s history, mission, structure, budget, communications and constituent services. The group also visited the Colorado General Assembly. NCSL has assisted various countries striving to establish democracies through grants from the U.S. State Department.

NCSL’s Center for Ethics in Government As many lawmakers quickly discover, very few ethical questions have clear and easy answers. Turn to NCSL’s Center for Ethics in Blurred State Lines Government for answers to your legislative Assembly Speaker Vincent ethics questions. From in-person ethics Prieto welcomed Illinois training to easy-to-access, robust online Senator Toi Hutchinson, resources, including 50-state data, we can NCSL’s vice president, to the help you tackle topics such as financial New Jersey Capitol in March. disclosure requirements, conflicts of interest, They discussed the value gifts and honoraria, revolving-door laws, of collaborating through ethics oversight entities and more. Visit ncsl. NCSL and the importance org/research/ethics. of bipartisanship. NCSL’s leadership alternates between parties every year.

Networking in New England NCSL has a wealth of information and resources for state legislatures along witih a state liaison or two Mark Quiner and Ethan Wilson are NCSL’s for every state to tell members all ethics experts. about the organization. Find out who your personal contact to NCSL is by searching for state liaisons at Trending Topics ncsl.org. Transportation Knowing how other states tackle | MAR 2017 tough issues can save states time Connecticut Senate President and money. The NCSL transportation Pro Tem Martin Looney, left, shows Traffic team’s Traffic Safety Trends report off NCSL’s folder full of resources Safety is one example of the thousands Trends for state legislators and staff during of NCSL reports, web documents, State a visit by NCSL’s liaison to the Legislative webinars and other resources to Constitution State, Mick Bullock. Action help you in your job. Visit ncsl.org 2016 and click on the Research tab to find what you need.

STATE LEGISLATURES 5 JUNE 2017 STATESTATS Understanding Medicaid edicaid, the nation’s public Total State General Fund Expenditures, FY 2016 health insurance for low-income Americans, has undergone many Medicaid 16.8% Higher Education 13.4% Mchanges in its 50-year history, and as discussions on health reform continue, it’s sure to see more. Transportation 7.5% State lawmakers are charged with making the K-12 24.7% decisions on how to improve this state-federal Corrections 4.4% program, whether to expand it, how to contain costs and more. For new lawmakers unfamiliar with health policy, learning the basics is the first Public Assistance 0.9% All Others 32.4% step toward making informed decisions about this complex program. Here are some of the Source: National Association of State Budget Officers, estimated averages for FY 2016 basics. Even though state Medicaid programs Medicaid Spending receive almost half of all federal funding given Medicaid covers health expenses for 69 million low-income Americans at a to states, the program still consumes a large cost of $397.6 billion a year.

share of state budgets. In 2016, Medicaid Disabled accounted for an average of 16.8 percent of all 15% state general fund expenditures, and 29 percent Elderly 9% Disabled 42% when counting federal funds. Adults One reason costs are high is that Medicaid 27% covers people with complex health-care needs, Elderly $16,643 such as several chronic conditions or serious 21% $15,249

disabilities, and it pays for high-cost services, Adults Children such as long-term care. Even though people 15% 48% with disabilities and the elderly comprise just Children 24 percent of the Medicaid population, they 21% $2,463 $3,247 account for 63 percent of all Medicaid costs. Medicaid is an entitlement program because Portion of Total Portion of Total Children Adults Eldery Disabled Enrollees Costs Average Annual Spending Per Person certain groups, often called the “categorically eligible,” automatically qualify for Medicaid Source: Kaiser Family Foundation, FY 2011 data services, as long as they are U.S. citizens and legal residents of the state. These groups include Medicaid Expansion low-income infants, children, pregnant women Has not expanded and people with disabilities. States also must Has a waiver to expand cover low-income seniors, some of whom are Has expanded “dual eligibles” because they also qualify for Medicare, the federal health plan for seniors. With significant initial financial help from the federal government under the Affordable Care Act, states could expand their Medicaid programs. Thirty-one states and the District RI of Columbia did so, six of them after receiving DC waivers from the federal government that PR VI granted them more flexiblity to innovate and GU test new ways of providing health care. MP Want to know more? A new NCSL Medicaid AS Primer lays out the basic building blocks for legislators new to health policy. It is available at Source:NCSL, May 1, 2017 www.ncsl.org. —Lisa Waugh JUNE 2017 6 STATE LEGISLATURES TRENDS Nuclear Power on a Small Scale

n the power sector, scale has always submit a design by 2019, and a handful been king. The business model that of other companies aren’t far behind, underpinned large-scale power plants with a combination of federal and pri- Imade sense. The economics were as vate funding fueling the development. fixed as the physics. But there are some While each design is innovative and who are now calling that prevailing unique, all incorporate “passive safety” wisdom into question—particularly features, meaning that the plants can Corrections 4.4% when it comes to nuclear power. shut down safely without power and A variety of companies are developing without operator action: reactors that a new type of nuclear reactor known as are impervious to meltdowns. small modular reactors, or SMRs. In Beyond the technological improve- some ways, these companies are turn- ments, small modular reactors would ing the old way of thinking on its head, require less upfront investment funding proposing to build nuclear reactors that and are projected to be more cost-com- are a fraction of the size of traditional petitive than large reactor projects. ones. In other ways, they’re taking a Their components are small enough to page out of Henry Ford’s playbook, ship less expensively and assemble more assuming that centralized production of easily. Proponents also note their adapt- many small reactors will lead to greater ability: They could be placed in sites efficiencies and cost-savings than the that lack the infrastructure to support unwieldy process of constructing large, larger nuclear reactors, and for ener- individual projects on site. gy-intensive tasks like powering a water If the current environment is any indi- desalinization plant. cation, they may be onto something. Critics, however, question their There are four new nuclear reactors safety and security. Their size and under construction in Georgia and South mobility could lead to a greater number Carolina. However, the future of these of nuclear sites, they say, straining the projects hangs in the balance as the limited resources available to protect main contractor, Westinghouse Electric the country’s nuclear assets. Co., filed for bankruptcy protection in Since 2010, lawmakers in several March. Its parent company, Toshiba states have introduced legislation Corp., reported a $6.3 billion loss due supporting the development of small primarily to significant cost-overruns modular reactors, and a handful have and delays at these projects. passed. Most of the bills focus on creat- To some, this shows that nuclear ing nuclear energy task forces to study power is no longer viable. To others, it the research, financing and tax incentive indicates that the future of nuclear power programs around small reactors. will be small—and modular. The Idaho Department of Labor esti- Recently, the Nuclear Regulatory Commission accepted mates that building the first small reactor will create 1,000 direct an application for the first SMR from NuScale Power. Once construction jobs and support an additional 11,800 local jobs ser- approved, NuScale will be able to begin construction of its vicing the new workforce. The department estimates the project first power plant, which is expected to be located at the Idaho will generate almost $4 billion in total new industry revenue for National Laboratory. The plant would have 12 identical reactors, Idaho Falls. each of which produce 50 megawatts of electricity. By compar- For two decades, the U.S. stopped building nuclear power ison, many nuclear reactors in the U.S. generate close to 1,000 plants, and concerns over the upfront costs linger. As the grid MW or more. transforms over the coming decades, small modular reactors could NuScale says its first plant could be operational by 2026, and it offer the solution to keeping the U.S. in a global leadership posi- has continued to identify additional sites for future power plants. tion when it comes to the largest source of carbon-free electricity. But NuScale isn’t alone. Terrestrial Energy says it plans to —Daniel Shea

STATE LEGISLATURES 7 JUNE 2017 TRENDS Cyberbullies Go Catfishing

atfish are easy to farm and a popular inexpensive and safe food. But in Oklahoma, and about a dozen other states, catfishing can get you How to Spot a “Catfish” in trouble. The kind of catfish states like Oklahoma are eyeing are cyber- Be wary of someone who: C • Seems too good to be true, with a profile that perfectly bullies who steal others’ identities and likenesses off the internet. They create entirely fictitious online personas who lure unsuspecting users into online complements your own, or who claims amazing romances or who create those profiles to harass, intimidate or threaten. accomplishments. • Tells tragic tales, like losing a loved one, to gain your sympathy. Oklahoma law defines this kind of scammer as someone who uses social • Has a sparse online profile, with a small number of friends and media to grab a person’s name, voice, signature, photograph or likeness with- few photos with other people. out the person’s consent, to create a false identity, for the purpose of harming, • Avoids letting you see his face and refuses to use the camera phone. intimidating, threatening or defrauding that person. The law allows victims to seek an automatic injunction and money damages. To address First Amend- Check out people you meet online by: ment concerns, the law specifically excludes online parodies or satire. It also • Googling their names and basic information, moving on to does not apply to law enforcement agencies or officials investigating online public record sites, criminal and sex offender records, other social crimes. media accounts. Many states have criminal impersonation laws that potentially could • Dragging and dropping their photos into Google to see if similar apply to online impersonation. However, at least 12 other states have laws photos appear in other places online. that criminalize electronic impersonation of another person with the intent Protect yourself by: to obtain a benefit or to injure or defraud another. Also, at least six states • Saving emails and voicemails and taking screenshots of online include online impersonation in cyberbullying laws. Internet impersonation profiles and private text messages. bills were introduced this year in at least six states. The Oklahoma law, however, is the first to address creating a fictitious person using another person’s Sources: Social Catfish, an online dating resource; PCWorld photographs or videos. —Pam Greenberg magazine; Cyberbullying Research Center; and ABC News Aging at Home Remains Popular

illions of Americans, including are choosing to receive those services in one year of home health aide services was older adults and people with their homes rather than in long-term care almost $45,800 (at $20 per hour, 44 hours disabilities or chronic illnesses, institutions like nursing homes. per week) and about $18,000 ($69 per day, Mrequire long-term services Home- and community-based care five days per week) for adult day care. Gen- and supports to complete their daily ranges from complex services, like IV ther- erally, home- and community-based services routines. And a growing number of them apy, to assistance with bathing and dress- are less expensive than institutional care, ing, housework and other daily activities. but may still represent a major financial Long-term care at home is individualized burden for individuals and their families. and time-intensive—and often paid for by Several states are testing creative home- Medicaid, which currently covers about and community-based programs that aim 50 percent of the country’s long-term care to help consumers direct their own care, by expenses. Medicaid spent a total of $152 drafting their own care plans, selecting their billion on long term-care in 2014, with the personal care assistants (who may be family greatest portion—53.1 percent—going to members), and choosing how and when ser- home- and community-based services. vices are provided. States have established Nearly 90 percent of adults age 65 and these innovations through various Medic- older wanted to stay in their current home aid waivers or state plan amendments. and community as they age, according to With 10,000 Americans turning 65 every a 2014 AARP survey, and the data suggest day, improving long-term services and sup- it’s cost effective for them to do so. The ports will remain a priority for policymak- median annual cost for nursing facility ers as they consider options for meeting an care was $91,250 in 2015, according to the aging population’s needs and desires. Kaiser Family Foundation. By comparison, —Samantha Scotti

JUNE 2017 8 STATE LEGISLATURES TRENDS Better Health for Better Grades

he new federal Every Student Succeeds Act requires are more likely than their peers to have higher rates of diabetes, needs assessments to evaluate how to boost achievement asthma, obesity and other chronic conditions. These students also in low-performing schools. The assessments could help are more likely to attend low-performing schools and less likely to T identify health and other underlying issues affecting graduate high school. academic performance, according to a new analysis conducted by The needs assessments under ESSA can also be used to incor- the Health Impact Project (a collaboration of the Robert Wood porate participation from school leaders, parents and teachers. Johnson Foundation and The Pew Charitable Trusts). Reaching out to community members and other stakeholders may The assessments examine various data, such as standardized test help school districts connect to new state and local resources, or scores and school performance on state accountability goals, to mea- better coordinate existing efforts that can target a range of factors sure the unmet needs of students and schools. They can also be a vehi- related to health and education. cle to identify issues related to school climate, family and community Colorado, for example, requires students’ health to be included involvement, as well as underlying factors like students’ housing sta- in academic accountability and improvement planning. The state bility, health or food security, that can affect academic performance. supports data-collection efforts used by school districts and com- Healthier students are more successful in school. For example, munity partners to help decide where to allocate grants, how to research has demonstrated links between asthma and absenteeism, plan local wellness policies, and what new prevention programs as well as other health conditions and dropout rates. In turn, better should be created. educated citizens have greater employment opportunities and earnings, Across the nation, schools are stretching resources just to pro- according to the Virginia Commonwealth University Center on Society vide essential educational services. State and local partnerships and Health. And studies show that better educated people enjoy better could bring additional resources to the table to address more of health over time and live longer with lower rates of chronic disease. the underlying factors that can affect students’ success in school. Disparities in health and education track each other closely, By incorporating health into education policy, states and commu- too. According to an analysis of data by the Health Impact Proj- nities can better address disparities and improve students’ health ect, students from low-income families and students of color as well as their educational achievement. —Kate Blackman Opioid Offensive Ongoing

pioid overdoses continue to kill Americans at an alarming insurance policies don’t cover the costs of treatment, for example, rate. Improving access to effective treatment for substance patients often choose not to seek the medications and services they need use disorders, including opioid addiction, would help to get well. The new federal grants will help states in their efforts to Ocombat this public health crisis. “Ensuring that people with make the full spectrum of treatment and services more widely available. substance use disorders have access to evidence-based care is essential The most effective substance-use treatments can involve a range to reducing opioid overdose deaths,” says Cynthia Reilly, director of interventions, including talk therapy and cognitive and dialectical of the substance use prevention and treatment initiative at The Pew behavioral therapies, combined with drugs approved by the Food Charitable Trusts. and Drug Administration. Finding the right combination of therapies The Trump administration announced in April that it will award a is patient-specific and can be more difficult if some drugs and services total of $485 million in grants to all 50 states, the District of Columbia are unavailable. and the territories to help improve access to treatments.“Opioids were Even Medicaid doesn’t cover all the services recommended by the responsible for over 33,000 deaths in 2015; this alarming statistic is unac- American Society of Addiction Medicine in 37 states. Private insur- ceptable to me,” Tom Price, secretary of the Department of Health and ance companies may not cover the most effective treatments either, Human Services, said when he announced the grants. “We cannot con- but, when confronted with a parity violation, they often will change. tinue to lose our nation’s citizens to addiction.” Federal and state parity laws require most insurance plans to provide Price said his department is committed to supporting the most coverage for mental health conditions that’s equal to coverage for clinically sound, effective and efficient prevention, treatment and physical illnesses. The federal requirements are part of both the Men- recovery services. The department identified four areas for improve- tal Health Parity and Addiction Equity Act of 2008 and the Afford- ment: public health surveillance, pain management, access to treat- able Care Act. ment and recovery services, and the availability and distribution of States and territories were awarded the new federal funds based on overdose-reversing drugs. It will also support cutting-edge research. their rates of overdose deaths and unmet need for opioid addiction Certain insurance policies and practices create barriers for people treatment. The grants range from a minimum of $2 million in several needing treatment as well as for the providers offering care. When states to $44,749,771 in California. —Karmen Hanson

STATE LEGISLATURES 9 JUNE 2017 RETIREMENT (Un)Ready for Retirement

States face a costly ost Americans are not saving “About half the population enough for retirement. The prob- future if their lem is especially severe among is not on a path toward a citizens fail to Msmall-business employees, low-income workers and communities of color. On secure retirement.” save enough for the brink of a national retirement security crisis, state lawmakers are stepping into the SENATOR DANIEL BISS, ILLINOIS retirement. breach with a spectrum of innovative solutions. Retirement planning experts have tradition- ally used the analogy of a three-legged stool “The bottom line is that, by to describe the common sources of retirement most reasonable metrics, about income: Social Security, employer-provided half the population is not on BY ANNA PETRINI pensions and individual savings. But the stool a path toward a secure retire- has grown wobbly for many workers, par- ment,” says Illinois Senator ticularly in the private sector. For one, fewer Daniel Biss (D). “And that dif- employers offer traditional pensions, which ferentiates this issue from almost Senator puts the onus on workers to save more them- any other in our discourse. We Daniel Biss Illinois selves. Another issue is changing demograph- have very justified anxiety about ics—people are simply living longer and need costs of health care, about costs to save more money as a result. A third con- of college, about affordability of housing, about cern: Just how secure is Social Security? a whole variety of standard bread-and-butter As state officials stare down the prospect of middle-class issues. These anxieties are import- mounting costs if their citizens retire into pov- ant and these problems are severe and require erty, they’re looking carefully at how to boost solutions. I don’t think any of them have the retirement savings. Should they create and situation where the median family is in serious facilitate new retirement savings programs for trouble in the way that we see happening across private sector workers or encourage participa- the country on retirement. … It’s an opportu- tion in existing plans? nity to help people on a scale that I think we One important consideration is how to take rarely encounter as policymakers.” full advantage of the options the private financial services market already offers. It’s a balanc- The Scope of a Looming Crisis ing act as legislators try to promote employee Roughly 10,000 baby boomers turn 65 each Anna Petrini is a policy specialist in savings, limit burdens for employers, and man- day. And less than a quarter of them, along NCSL’s Strategic Initiatives Program. age legal and financial risks for their states. with members of Generation X, feel confi-

JUNE 2017 10 STATE LEGISLATURES RETIREMENT

“If someone retires with risk financial insecurity in retirement, leav- age 55 and older lacked either a traditional ing them unable to afford basics like food, defined benefit pension plan or defined insufficient funds, they’re medicine and utilities. Many who have contribution retirement savings—like remained solidly middle class throughout 401(k)s or individual retirement accounts going to be looking to their working lives may face financial hard- (IRAs)—in 2013. That leaves Social Secu- ship in their senior years. rity as their main or only source of retire- the government as a About 80 percent of workers between ment income. Questions about its long- safety net.” ages 25 and 34, and 48 percent of workers term solvency aside, Social Security was age 45 or older, have less than $25,000 in never designed to serve as a retiree’s sole SENATOR TODD WEILER, UTAH total savings and investments, according source of income. to the Employee Benefits Research Insti- State, local and federal policymakers tute’s 2014 Retirement Confidence Survey. want to ensure that, after a lifetime of hard dent they have enough sav- Moreover, nearly one-third of households work, retirees can maintain a dignified ings to last throughout their retirement years, according to research from the edian Net ort o ouseolds Insured Retirement Institute. Another report, from the N ,22 National Institute on Retire- Senator 07 N 1 ,1 ment Security, found that Todd Weiler 11, 71 Utah 170 , , 3 in 4 Americans are highly 1 anxious about their retire- 1 ment outlook. The level of concern was consistent across gender, generational and ,2 economic lines.

,7 ,21 Senator Todd Weiler (R) of Utah notes 000 , 2 ,00 ,22 that not only do a lot of people retire with 1, , ,22 2 27 20 little savings, many retire with more debt ,7 ,11 1 than savings. “As a Republican, this alarms me because I know that if someone retires older older 4 years old with insufficient funds, they’re going to be years old ounger than 35 35–44 years old 75 years old and looking to the government as a safety net.” Y 45–54 years old 55–64 years old 65 years old and 65–69 years old 70–7 These fears are not misplaced. Accord- Note Total net worth includes all ﬁnancial assets, including home equity, savings accounts, certiﬁcates of deposit, ing to AARP, half of American households stocks and mutual funds, and vehicles. Source: U.S. Census Bureau, 2011 data Source .S. Census Bureau, data

STATE LEGISLATURES 11 JUNE 2017 RETIREMENT RETIREMENT

RETIREMENT BY THE NUMBERS standard of living. And it’s going to cost it would save taxpayer money. taxpayers down the road if people reach New Jersey and Washington are cre- 63 old age without sufficient resources. ating online marketplaces, where small The average age at which Americans retire Numerous factors are driving the retire- businesses and individuals can compari- ment security crisis, from shifting demo- son-shop for savings plans from financial graphics and structural changes in the Amer- services providers. These online clearing- $42,797 ican workforce to limited financial literacy. houses will be voluntary for employers and The amount the average 50-year-old has While retirement ages tick up slowly, employees and are favored by many in the saved they are not keeping pace with increasing financial industry. Washington plans to life expectancies. As a result, Americans roll out its marketplace later this year. have to finance retirement over a longer “Washington residents have a signifi- period of time. They may invest too con- cant gap between their actual retirement $73,857 servatively, yielding insufficient returns savings and the amount financial planners The median income of householders age 45 to guarantee a comfortable retirement. recommend,” says Senator Joe Fain (R), to 54 in 2015 Likewise, consumer debt, large or unan- who served on the Financial Institutions ticipated expenses, and inflation can all and Insurance Committee when the Small threaten long-term savings. Few workers Business Retirement Mar- $62,802 are sophisticated financial experts; indeed, ketplace bill was passed The median income of householders age 55 many lack basic knowledge about personal by the Legislature in 2015. to 64 in 2015 finance. Even the most determined savers “More than 1.5 million may find the complexities of today’s finan- Washington employees do cial markets difficult to navigate. not have access to retire- Workers are 15 times more likely to ment savings plans at work. Senator $38,515 save if they have access to a payroll deduc- Making it easier for people, Joe Fain The median income of householders age 65 Washington tion savings plan through their employers, especially small-business and older in 2015 according to one report. But 68 million employees, to access retirement plans cre- Americans don’t have access to a retire- ates a more financially secure future.” ment savings program at work, the U.S. Taking a different tack, lawmakers in 18 years Department of Labor estimated in 2015. California, Connecticut, Illinois, Maryland The average length of retirement The likelihood of having a workplace and Oregon have adopted legislation to retirement plan varies considerably by create state-sponsored retirement savings geography and employer size, not to men- programs featuring IRAs that receive auto- $1,360 tion worker earnings, education, race and matic deposits from workers’ paychecks. The average monthly Social Security ethnicity. Those with lower rates of access These “Secure Choice” programs, as they’re retirement benefit to on-the-job savings include small-busi- sometimes known as, require employers of a ness employees; part-time, temporary and certain size to offer their employees a way to seasonal employees; members of minority save for retirement at work. Employers who groups; and people with low to moderate don’t want to sponsor their own retirement 20% incomes. Offering such plans may carry savings plans can use the state IRA. It is vol- Portion of Americans who tap into their costs or burdens that small employers, in untary for workers, who decide how much 401(k) assets early, either through a loan or particular, are reluctant or unable to bear. to put away and how to invest it. Employers withdrawal don’t contribute. Secure Choice programs A Spectrum of State Solutions are run via public-private partnership, and Since 2012, lawmakers in at least 39 employee funds are pooled and profession- 97 years states have introduced legislation to study ally invested by the financial industry. The age 30% of today’s 50-year-old women or create some type of state-sponsored A third approach involves the state and 19% of 50-year-old men will live to retirement savings program for nongovern- aggregating employers who elect to partici- mental workers. Task forces in Minnesota, pate to offer a 401(k)-style retirement plan. Sources: U.S. Census Bureau, Kaiser Family New Mexico, New York and Virginia are In January, a study committee in Vermont Foundation, Social Security Administration examining whether a state role in increas- recommended that the state design one of ing retirement savings is appropriate and if these voluntary multiple employer plans.

JUNE 2017 12 STATE LEGISLATURES RETIREMENT RETIREMENT

etireent lans

“Making it easier for ers drop existing plans to send workers Another layer of complexity for state into state-sponsored alternatives? Will lawmakers and regulators, financial ser- people, especially small- employees save less as a result? Will small vices firms and other stakeholders is the account balances make plan administra- constantly shifting matrix of federal law. business employees, to tion inefficient? What is the right type and number of investment options? How many Recent Federal Developments access retirement plans is too many when it comes to ease of use? Following failures of pension plans creates a more financially And what is the appropriate state role for during the 1960s, Congress passed the enhancing financial literacy and general Employee Retirement Income Security Act secure future.” investment education? in 1974 as a framework of consumer pro-

SENATOR JOE FAIN, WASHINGTON Why Don’t Small- and Medium-Sized Businesses Offer In a final variation, Massachusetts is Retirement Plans? experimenting with a voluntary 401(k) plan Top Reasons: Expense, administration burdens, and lack of employee interest for employees of small nonprofits. 71%

63% Tradeoffs Abound A Reason Main Reason The various plan structures and features 50% have tradeoffs. A voluntary marketplace, for example, is an attractive option in part 37% because it capitalizes on existing retirement plan products and services and could be 22% 22% 17% 18% less disruptive for providers. But it may not 13% 15% yield enough participation to generate sig- 11% 5% 7% nificant increases in coverage to make the 1% plan self-sustaining. Too Organization Employees Organization Organization We haven’t Other Policymakers face a host of tough ques- expensive does not are not is too new is concerned thought reason tions. What is the best way to reach those to set up have the interested about how to about it resources to choose a plan on the financial fringes—low-income, administer provider minority or gig-economy workers? How such a plan can states encourage adequate retirement Note: Those without plans were asked to (a) Indicate whether any of the the following are reasons the savings without demanding too much of organization does not offer a retirement plan (more than one reason can be listed) and (b) Give the main reason for not offering a plan. cash-strapped workers, who have little Source: The Pew Charitable Trusts, 2017 set aside for emergencies. Could employ-

STATE LEGISLATURES 13 JUNE 2017 NCSL U.S.TOUR2017

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

Learn more and registerJUNE 2017 today 14 STATE LEGISLATURES at ncsl.org/legislativestaff RETIREMENT tections for employer-provided retirement, health and welfare plans. It generally doesn’t cover public sector employers, religious Retirement Security Legislation 2012-2017 institutions or IRAs set up by individuals. Known as ERISA, the act provides important consumer protections for private sector employees. It also carries regulatory burdens for their employers, who must comply with stringent reporting and disclosure rules, and it imposes fiduciary responsibilities on retirement plan sponsors and providers. States exploring retirement security legislation have faced uncertainty about RI the broad federal pre-emption provisions PR contained in ERISA. In 2016, the U.S. VI GU Department of Labor issued several pieces MP of guidance on how states can address AS retirement insecurity, including a final regulation meant to provide clarity for states interested in sponsoring auto-IRA plans, such as the Secure Choice model men- tioned above. The department followed up with a rule aimed at certain cities and local Enacted state-sponsored IRA savings program for private-sector workers governments that want to set up similar Enacted marketplace plan programs. Enacted state-facilitated plan for nonprofit workers Proposed retirement security legislation and/or a study in 2017 The rule for state-sponsored plans pro- Previously had proposed retirement security or study legislation vides a limited safe harbor exemption from ERISA if a program meets certain require- Source: NCSL ments. Among them, employees must be allowed to opt out, and employers, who ment rules that green-lit state and locally “Retirement insecurity is a cannot make contributions themselves, sponsored auto-IRA plans. Citing an must play a limited administrative role. unwarranted pre-emption of state inno- bipartisan issue.” The rule also requires certain employee vation, NCSL joined a bipartisan group protections. of state treasurers and other groups in SENATE PRESIDENT KEVIN DE LEÓN, CALIFORNIA Some members of the financial services opposing the state rule rollback. As the industry expressed concern that the regula- number of workers who lack sufficient a contentious political cli- tion creates an uneven playing field in the retirement savings grows, the strain on mate, some state leaders have retirement plan marketplace. Under cur- public finances means states need the flex- vowed to forge ahead with rent Labor Department regulations, pri- ibility to develop creative solutions, NCSL retirement security efforts. vate providers cannot offer similar savings said in letters to the House and Senate “There is nothing more arrangements with the types of auto-en- in February. President Donald Trump powerful for financial literacy rollment and auto-escalation features the signed the resolution nullifying the rule for than when a person opens up Senate President Kevin de León department’s recent actions would permit municipalities, and as this magazine went that quarterly statement and California for state-facilitated plans. Other indus- to press, he appeared likely to sign the res- sees the power of compound try concerns relate to unintended conse- olution invalidating the state rule as well. interest over time,” says California Senate quences, like reduced economies of scale Meanwhile, federal legislation autho- President Kevin de León (D). “We are cre- and less incentive for innovation among rizing private retirement providers to ating a generation of new savers through- private providers. offer pooled plans to all employers within out the country who will rely less on gov- Using the Congressional Review Act, a state met with strong bipartisan sup- ernment. Whether you are a Republican or which permits federal lawmakers to roll port when it passed the Senate Finance a Democrat, you will pay the consequences back regulations from the last months of Committee in 2016 and is expected to be in state budgets when you have to subsidize the previous administration, Republicans revived in 2017. those who live in poverty as senior citizens. moved swiftly during the first weeks of the Even with uncertainty about the federal “Retirement insecurity is a bipartisan new session to repeal the Labor Depart- legislative and regulatory landscape, and issue. It’s an American issue.”

STATE LEGISLATURES 15 JUNE 2017 DEEP DIVES LEGISLATIVE n Beyond the Horizon: n The Changing Nature of Jobs: U.S. Economic Outlook Is Our Workforce Prepared? n Disruptive Innovation n Fixing Health Care: SUMMITSUMMIT in Higher Education What’s Next? n Police Community Relations n Communicate to Succeed Aug. 6-9, 2017 SKILLS TRAINING

n Making Work Worthwhile n Leadership Roundtable n Take the Crazy Out of Change n Thwarting Statehouse Saboteurs n Seven Secrets to Leadership n How Effective is Your Legislature? n Conversations that Sparkle, n Cybersecurity Preparedness Inform and Amaze and Response n Expecting the Unexpected n The Boston Tea Party

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Doris Kearns Goodwin Frank Luntz John Bolton Barbara Dershowitz Phillip Goff Celeste Headlee Willow Jacobson Presidential Political commentator Former United States Ambassador Change Managment Center for Policing Equity, Communication expert Associate Professor, University of historian and pollster to the United Nations Specialist John Jay College of Criminal Justice and radio host North Carolina School of GovernmentSTATE LEGISLATURES 17 JUNE 2017 STATELINE 1 The Times Could Be a-Changin’ Time could be running out on the twice-a-year ritual of changing clocks to go off and on daylight saving time. A movement to “lock the clock”—that is, either eliminate daylight saving time or stay on it year-round—is growing as researchers say time changes lead to public health, productivity and safety problems, Pew’s Stateline reports. Lawmakers in at least six states— Connecticut, Illinois, Michigan, Mississippi, New Mexico and Wyoming—have introduced bills that would effectively move their states one time zone to the east. About half the states have considered or are considering time-related bills this year. 3 Special Delivery Georgia Representative Allen Peake (R) knows only that the package of cannabis oils that appears on his office doorstep every month comes from 2 Colorado. He doesn’t know how the packages get to him, and he’s not Busting Backlogs With Donations asking, ABC News reports. His concern is distributing the low-THC oils to Two states are taking novel approaches to the costly challenge hundreds of the 1,300 Georgians enrolled in the state’s medical marijuana of clearing their backlogs of untested rape kits. In New Mexico, a program, which his legislation established in 2015. Enrollees may possess new, first-in-the-nation law lets residents donate to the testing medical cannabis, but can’t grow it, import it or buy it. Peake acquires the effort when they file their state tax returns. The state has some products (not directly; he donates about $100,000 annually to a Colorado 5,000 untested kits, which can cost up to $1,000 each to analyze. foundation), then gives them away, and he’s careful (his partners are The law takes effect in 2018. Next door, The Lone Star State, registered with the state and enrolled in the cannabis program). So far, he’s which also has several thousand untested kits, is considering avoided legal trouble, and he hopes to expand the law. a measure that would ask drivers renewing their licenses to donate $1 or more to testing. Budget officials estimate the bill could raise $1 million in donations. New Mexico’s bill passed unanimously and, at press time, the Texas measure had bipartisan 4 support. No Appetite for Shame Most school districts try to work with families who fall behind in their meal payments. Some, however, resort to “lunch shaming”—singling out kids whose families are in debt by serving them a lower quality meal or requiring them to wear wristbands or stand in separate lines in the cafeteria. New Mexico is the first state to enact legislation banning the practice. The U.S. Department of Agriculture, which pays for student meals through the National School Lunch Program, is requiring that states clarify policies on meal debt by July 1. Last year, the School Nutrition Association 5 estimated that three- The Official Rye? I Cannot Tell a Lie quarters of the As if there weren’t already reasons enough to be impressed by nation’s school our nation’s first president. George Washington ran what was districts have at one time the top whiskey distillery in the country, producing unpaid meal debt. nearly 11,000 gallons in 1799. His rye whiskey is being made again at Mount Vernon and, thanks to a bill sponsored by Senator Adam Ebbin (D), is the designated state spirit.

JUNE 2017 18 STATE LEGISLATURES STATELINE 6 Sunscreen in Schools A few serious sunburns can increase a child’s risk of skin cancer later in life, 7 according to the Centers for Disease Meals on Robo Wheels Control and Prevention. But because Delivery robots may soon the Food and Drug Administration be a common sight in lists sunscreen as a drug, most states Wisconsin. The rolling bots ban it from schools unless students have been used successfully have a note from a doctor and parent. since last year to deliver food Only four states—California, New to apartment dwellers in York, Oregon and Utah—have laws several European cities and, requiring schools to allow students to since February, in pilot programs in California and the District of Columbia. bring sunscreen to school. Seven more About the size of a typical picnic cooler, the self-driving bots are controlled states are considering bills to exempt by GPS and equipped with cameras and sensors allowing them to navigate sunscreen from the medication list. busy streets and sidewalks. After seeing the bots demonstrated at NCSL’s “It’s just kind of a no-brainer,” says Legislative Summit last year, Wisconsin Assembly Speaker Robin Vos (R) Senator Ann Rivers (R), who sponsored directed his staff to investigate bringing the Washington’s bill. technology to the Badger State. The bots are legal on sidewalks in Virginia and the 8 district, and lawmakers are considering Closing the Gender Pay Gap similar measures in Florida and Are you single? Do you attend church? Such Idaho. personal questions are off limits in job interviews, and nearly two-dozen states are considering adding another: How much did your last employer pay you? Massachusetts already has such a law on the books, CNN reports. The measures’ intent is to close the pay gap between men and women—who made 79.6 cents for every dollar men earned in 2015, according to the Census Bureau. Proponents say the bills will help break the cycle of salary-history questions reinforcing unfair wages throughout a woman’s career. Critics, including some chamber of commerce groups, say the laws can make it difficult to search 9 for and recruit top talent. Anniversary Coming Up? When appreciative Minnesota House leaders learned the chamber’s nonpartisan Research Department was turning 50 years old this year, 10 they read a resolution during an April Draining the Swamp? floor session, then threw a reception The residents of Delaware, Minnesota and afterward. But the party almost Massachusetts are the nation’s biggest federal failed to launch. “We discovered it taxpayers. On average, they paid the most per was our 50th anniversary largely by person in federal income, payroll and estate accident, when interviewing a law taxes in 2016, The Associated Press reports. clerk applicant who asked how long Paying the least per person last year the office had been around,” says were New Mexicans, Mississippians and Matt Gehring, a legislative analyst West Virginians. But by far the highest and attorney in the department. He average per person amount was contacted NCSL with advice for other paid in the District of Columbia—it departments: Check your calendars. “I was more than double that paid would guess many other nonpartisan in any of the states. The reason offices in other states are probably the district pays more? A lot of approaching similar milestones, and residents with high incomes, might not even realize it.” the AP reports.

STATE LEGISLATURES 19 JUNE 2017 CHILD SUPPORT Behind Bars, Behind in Payments

For parents in prison, hen parents go to prison, it can Two Issues, Many Questions send their kids’ lives into chaos. It’s important to distinguish the parent who unpaid child support The growing number of is incarcerated for committing a crime who bills can become a Wchildren with parents in prison also has a child support order from the parent raises concerns because of the increased risks who is jailed for failing to pay child support. crushing debt. they face. Children of incarcerated parents Encouraging these two types of parents to are more likely to live in poverty or unsta- make ongoing, consistent child support pay- ble households, according to the National ments requires very different strategies, partic- Resource Center on Children and Families of ularly considering the reasons for and potential the Incarcerated at Rutgers University. More length of their incarceration. often than their peers, they face mental health All 50 states have processes for criminal BY JANE HOBACK issues and educational difficulties. prosecution and civil contempt for failure to Approximately 1.53 million people were pay child support. However, criminal pros- held in federal and state prisons at the begin- ecutions are rarely used. Civil contempt is ning of 2016, leaving an estimated 2.7 million designed to give the defendant an incentive to children behind. In addition, based on previ- comply with the child support order. ous studies, about 400,000 inmates are under a Recognizing that little to no support can be child support order. paid when a parent is incarcerated, many states have established programs to encourage full An “Enormous” Problem compliance. Some adjust child support orders With virtually no income, inmates who to reflect more realistic amounts; others divert owe child support often leave prison with offenders from incarceration and remove overwhelming debt—between $10,000 and potential barriers to finding a job. $110,000 for each of them, according to a The financial benefits of diverting nonpaying Marshall Project study of noncustodial par- parents from jail into employment programs, ents in 10 states. to the family and the wider community, can be Lynne Haney, a sociology professor at New significant. Parents are generally ordered into York University who has published a study of these programs by the courts and may still face child support and incarceration, interviewed a period of incarceration for failing to follow the inmates in California, Florida and New York. rules of the diversion program. Each owed an average of $35,000 in child support. Once out of prison, often with limited The Federal Answer job prospects, some resorted to the “under- The federal Office of Child Support ground economy,” selling drugs, for example, Enforcement updated its administrative rule at and avoiding their families. Frequently, they the end of 2016. The new rule is intended to wound up back in prison. increase the effectiveness of the program for “It’s an enormous problem. It’s just mind- families, and offer more flexibility to states in boggling,” Haney says. “We don’t even have a managing the program. The rule also removes sense of the scale of the problem because we barriers to help states update systems with don’t have reliable data.” newer technology to improve efficiency and The Federal Office of Child Support simplify the process of collecting and distrib- Enforcement reports that late child support uting child support. The new provisions are, Jane Hoback is a freelance writer based owed by all noncustodial parents—not only for the most part, optional and do not require in Denver. Meghan McCann and Alison those in prison—totaled nearly $116 billion in legislation in most states. But they do provide Lawrence, NCSL policy experts, contributed 2015, and of that amount, less than $7.6 billion an opportunity for state legislators to clarify to this article. was paid. various child support enforcement laws.

JUNE 2017 20 STATE LEGISLATURES CHILD SUPPORT

The rule specifically addresses incar- 500 inmates in Florida, and I asked them, guage, and we’re educating the corrections ceration for failure to pay child support in ‘How many of you knew that when you got counselors as well,” says Wally McClure, light of the 2011 U.S. Supreme Court case into prison you had to apply to (modify) director of the state’s Division of Child Turner v. Rogers. The case described the your order?’ Not a single one knew any- Support. “It doesn’t do any good for some- factors to be considered when determining thing about it.” body to come out of prison with $30,000 or which cases should be referred to the court Policy experts and state officials alike $40,000 worth of child support debt. That for civil contempt, including a parent’s agree that, while it’s often difficult to find doesn’t help the child at all. The parent is ability to pay. effective ways to notify prisoners, the just going to hide, or go back to prison.” When parents with child support orders effort is necessary. Pending legislation in Washington offers a program called are incarcerated for other offenses, the rule New York would require that inmates be Alternative Solutions to help noncusto- specifically addresses their right to have a notified of their right to seek modifica- dial parents, including those coming out of child support order reviewed and poten- tion of child support orders. Washington prison, find jobs, training, housing, food, tially modified while they are confined. is experimenting with various methods to and medical and legal resources. It also The rule prohibits states from treating get the word to prisoners that they have a helps them to adjust their child support incarceration as voluntary unemployment right to make such a request. payments to make it more likely they can for purposes of modifying a child support “We’re trying to use more simple lan- pay what they owe. order. Currently 36 states and the District of Columbia treat incarceration as involun- tary unemployment, allowing for child sup- Work vs. Jail port orders to be modified during periods of incarceration. Work Jail States Take Various Approaches Unemployed parent who Unemployed parent who Utah lawmakers this year enacted legis behind in child support is behind in child support islation allowing incarceration to be con- payments is referred to services payments is jailed with little or sidered a factor in setting child support that help him find a job, stay no opportunity to work. amounts and, barring incarceration of at employed and pay child support. least six months, to be treated as voluntary unemployment when establishing or modi- A University of Texas study A Pew Charitable Trusts study fying a support order. shows: shows, after jail release: In 2015, Texas lawmakers passed legis- • More than 80% find work • Individuals are unemployed lation allowing child support payments to within two months nine weeks more per year be adjusted for incarcerated noncustodial • Participants are 33% less • Annual earnings are reduced parents. The bill reversed a law that calcu- likely to file unemployment by 40% lated support amounts by presuming the • Participants paid 51% more • Hourly wages are 11% less earnings of a parent owing child support in child support • Annual family income is were equal to the federal minimum wage • Families are 21% less likely reduced by 22% for a 40-hour week. to receive public assistance “Former prisoners were getting caught Costs per day Costs per day in a trap,” says Brete Anderson, chief leg- $5 $186 islative director for Representative Senfro- • Skills assessment • Loss of job opportunities nia Thompson (D), who sponsored the bill. • Debt management • New barriers to future work “Some of these guys were coming out of • Job search assistance • Uncollectible debt prison after 10 years owing $200,000.” • Job placement • Loss of contact with children California was the first state, and North • Follow-up monitoring and • Other collateral Dakota is the most recent, to enact mea- support consequences sures automatically suspending child support orders when parents are incarcerated. Often, incarcerated parents have no Child support paid Child support paid idea they can ask for an adjustment of $4,000 $0 their support orders. “You have to know about it to apply for it,” Haney, the sociol- Source: Office of Child Support Enforcement, October 2015 ogy professor, says. “I gave a talk to about

STATE LEGISLATURES 21 JUNE 2017 Strong Voice We advocate for you in our nation’s capital.

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LearnJUNE more 2017 22 STATE at LEGISLATURES ncsl.org/members CHILD SUPPORT

“We really are trying to work with par- Virginia, and several counties also have ents who have these barriers and connect established diversion or work release pro- Choices Make a Difference them with the community services they grams to help noncustodial parents find Texas’ NCP Choices Program is a need,” McClure says. work so they can keep up with child sup- court diversion program that assists port rather than go to jail. unemployed and underemployed Alternatives to Prison noncustodial parents find and maintain States also are providing alternative Parents With Custody of Children employment. A program participant punishment for some parents who fail to Children and families with an incarcer- must spend 30 hours a week looking for pay child support so they can stay out of ated parent face even greater challenges. a job, meet with a workforce counselor prison to help raise their children or get “Kids who have parents in prison are at every week until he or she finds a job, jobs to pay their child sup- a higher risk of truancy, of dropping out of attend all court hearings and program appointments, comply with the child port orders. school, of drug or alcohol abuse, of men- support order and communicate with Georgia Representative tal illness. They feel shame and isolation,” the workforce counselor monthly after Alan Powell (R) sponsored says Susan Leavell, program administra- getting hired. legislation, enacted in 2015, tor of Washington’s Family and Offender The program showed the following that created diversion centers Sentencing Alternative and Community results in 2009: for noncustodial parents who Representative Parenting Alternative programs. Estab- • Participants paid $57 more child have been sentenced to jail Alan Powell lished by law in 2010, these programs have support 47 percent more often, showing Georgia for failure to pay child sup- been providing an alternative to prison for a 51 percent increase in total collections. port. The diversion centers custodial parents, or taking them out of These results continued at two and four allow parents to travel to and from their place prison, when the court deems it is in the years after participation. of employment so they can keep their jobs best interest of their children. • Participants were 50 percent more consistent paying child support over and pay alimony or child support, includ- The Family and Offender Sentencing time. ing arrears. If parents don’t comply with the Alternative program allows judges to • Participants were employed requirements, they can be sent to jail. waive a sentence and impose 12 months of at 21 percent higher rates than Georgia also expanded the Parent community supervision for eligible offend- nonparticipants, two and four years after Accountability Courts throughout the state ers facing a prison sentence to maintain the program. as an alternative to incarceration. Similar to a continued presence in their child’s life. • Participants were about one-third less drug courts, accountability courts offer non- Offenders are not eligible if they have been likely to file an unemployment claim in custodial parents help in finding employ- convicted of a felony sex or violent offense. any given month in the first year after ment or getting the education needed to find The Community Parenting Alternative the program. a job. Parents also get help for substance program allows the Department of Correc- • The custodial parents associated abuse and mental health issues. tions to transfer a prisoner back home on with NCP Choices participants were 21 percent less likely to receive TANF “A lot of these noncustodial parents electronic monitoring for up to the last 12 benefits in the first year after the don’t have the ability to pay, so they’re months of his or her sentence, if they meet program, and 29 percent less likely two found guilty of violating the court order the same eligibility requirements as in the to four years after the program. and told they’re going to jail,” Powell says. Family and Offender Sentencing Alterna- —Meghan McCann “That’s not going to help the child or the tive program. family that needs the money.” Parents must comply with several strict The accountability courts have helped activity and reporting schedules that center to prison, Leavell says. Nearly 80 percent 2,711 noncustodial parents provide sup- on the family. The parents must read with of participants have successfully completed port to 4,780 children. Participants have their children and help with homework the programs since they began. paid an estimated $2.8 million in support for at least 20 minutes every day, and they While the numbers are encouraging, the and haved saved the state $10 million in must have family dinner time with no elec- stories tell the true success. “We get letters incarceration costs, according to the Geor- tronic devices or television. from teachers where they note a remark- gia Department of Human Services’ Divi- Program staff visit the families regu- able improvement in a child’s attendance or sion of Child Support Services. larly. “The focus is not work,” Leavell their engagement in school work,” Leavell Powell says the law is also helping lower says. “It’s about building the parenting says. She recalls a case of an eighth-grader Georgia’s high rate of incarceration, which skills and setting up structure and routine, who had been struggling in school, failing in turn can yield cost savings. The cost things we know help kids thrive. It’s really to meet standards for her grade level. “We of incarcerating one person for a year is about strengthening families.” were able to move out her mother [from $50,000, he says. “Instead of locking up the When parents make their children a pri- prison] and get her back home. Within the folks we’re mad at, we need to have that ority, they are more likely to make good next quarter, the girl was meeting the stan- space for the folks we’re afraid of.” decisions in other areas of their lives, deci- dard in reading. Those are the really excit- Other states, including Louisiana and sions that will keep them from going back ing things.”

STATE LEGISLATURES 23 JUNE 2017 NEWSMAKERS

KUGLITSCH “I hear so many people complain “I believe it is our job as legislators about the closed primary system.” to allow innovation and emerging

Alaska Representative Gabrielle LeDoux (R) on her proposal technologies to prosper and be to establish a “top-two” primary system in which all welcome in our state.” candidates, regardless of party, are placed on a single Wisconsin Representative Mike Kuglitsch (R), cosponsor of a bill to ballot and the top two vote-getters advance to the general allow delivery robots to traverse sidewalks and crosswalks, in The election, in the Juneau Empire. Associated Press.

LEDOUX

FERRY FORMER UTAH SENATE PRESIDENT MILES “CAP” FERRY (R) DIED IN APRIL. He was praised as a great leader with a flamboyant wardrobe that included a red plaid tuxedo he wore to governors’ galas. He was 84. Ferry served three years in the House and 17 in the Senate. He was Senate president from 1979-1984, and president of NCSL in 1983-84.

“They shouldn’t be scared of their own government.”

Hawaii Representative Joy San Buenaventura (D), referring to immigrants in her resolution recognizing the traditional “Ho’okipa” value of welcoming visitors and urging law enforcement not to work with the federal government to deport certain undocumented immigrants, in The Associated Press.

NEVILLE ”We have legalized marijuana. Where SAN GRAY do we want people to use it, if not at BUENAVENTURA home? On the street?”

Colorado Senator Tim Neville (R) on his support for failed efforts to allow and regulate marijuana clubs, in The Associated Press.

CALIFORNIA ASSEMBLYMEMBER ADAM GRAY (D) HAS BEEN SELECTED TO CONVENE THE NEW DEMOCRATS, an “The longer we wait for passing this informal caucus of moderate Democrats. Gray said the group is “committed to a pragmatic approach that promotes the interests legislation, the harder it will be for of hard-working Californians alienated by the extreme partisanship the public to understand that this is of both the left and the right.” The group was started in 1997 and not a new tax.” consists of about 24 members. Nebraska Senator Dan Watermeier (NP) on his proposal to require online retailers to remit sales taxes if their gross revenue WATERMEIER in Nebraska exceeds $100,000 or they conduct 200 or more transactions in the state, in The Associated Press.

JUNE 2017 24 STATE LEGISLATURES NEWSMAKERS

SENATOR KENNY YUKO (D) IS THE NEW MINORITY LEADER OF Legislative term limits are a THE OHIO SENATE. Senate Democrats unanimously elected him to fill the leadership post left open after Joe Schiavoni resigned “failed social experiment” in to concentrate on a run for governor. Schiavoni has led the Michigan. Democratic caucus since the end of 2013. He is term limited at the end of 2018 and will continue to serve in the Senate until then. Senate Majority Leader Arlan Meekhof (R) during a YUKO Lansing summit on fiscal stability, in The Detroit News.

MEEKHOF

SCHIAVONI

“We are consuming fewer and fewer gallons of gas for every mile driven and yet it’s not getting any cheaper to build roads. How do we address this and not act like Big Brother?”

COLEY Ohio Senator Bill Coley (R) on his bill to charge Ohio motorists $140 a year for license plates but not have to pay the state’s 28 cents per gallon gas tax, in the Dayton Daily News.

RHODE ISLAND SENATE DEPUTY MAJORITY LEADER DONNA NESSELBUSH (D) STEPPED DOWN from her post following the election of Senator Dominick NESSELBUSH Ruggerio (D) as president. He succeeded Senator RUGGERIO Teresa Paiva Weed, who left to head up the Hospital Association of Rhode Island. Nesselbush opposed what she called an “undemocratic process” through which Ruggerio made some committee chair replacements.

ARESIMOWICZ

CONNECTICUT HOUSE SPEAKER JOE ARESIMOWICZ (D) ANNOUNCED HE IS LEAVING THE LEGISLATURE to coach Nebraska’s defensive backs under former UCONN head coach Bob Diaco. “This is an incredible opportunity, a true dream job, and I know I would regret it if I didn’t give it a go,” he said in a news release distributed to the capitol press corps and dated April 1. April Fools.

“I’m open to looking GEORGIA LIEUTENANT GOVERNOR AND SENATE GUNN at it. I do not think it’s going to be the golden PRESIDENT CASEY CAGLE (R) IS RUNNING FOR GOVERNOR to succeed Nathan Deal who is in his second and final term. egg that everybody Cagle became Georgia’s youngest senator when he was elected thinks that it is.” in 1994 at age 28. He made history in 2006 when he became the first Republican ever elected to the office of lieutenant Mississippi House Speaker Philip Gunn (R), governor in Georgia. who is appointing a committee to study the pros and cons of creating a state lottery, in The Associated Press.

CAGLE STATE LEGISLATURES 25 JUNE 2017 BUDGETING Facts Before Funding

Evidence-based riedrich Nietzsche once said, “There According to project director Sara Dube, are no facts, only interpretations.” But Results First works with states and localities to policymaking can decision makers around the country help them adopt an evidence-based policymak- Fbeg to disagree. Not only do they chal- ing approach so decision makers can identify arm lawmakers with lenge the premise that there are no facts, but and fund programs that yield high returns on also that they are not open for debate. It is with investment. Under the initiative, state agencies information about this mindset that officials in all levels of gov- inventory and analyze programs—from crimi- what works. ernment have begun embracing evidence-based nal justice to child welfare—to determine their policymaking. effectiveness and their financial impact. The More than a buzzword, evidence-based term “evidence-based policy” is fluid, and not policymaking is becoming a movement unto all states, departments and agencies adhere to itself. A recently released report from the the same definition. Generally, the term refers Pew-MacArthur Results First Initiative shows to supporting policies based on careful, unbi- BY ALLISON HILTZ that all 50 states use evidence-based policy- ased, scientific analyses of their effectiveness. making in some way. Many incorporate the Several states have statutes, administrative findings from their in-depth analyses into their codes or executive orders defining how and budgeting decisions, boosting funding for pro- when evidence-based policymaking is required. grams that not only work, but also provide a Examples abound. Mississippi codified its positive return on the tax money invested. definition of “evidence” and and created crite- Since 2011, leaders from 24 states and eight ria to clarify what constitutes “evidence-based.” counties have adopted evidence-based policy- Oregon requires certain human-services agen- making procedures with help from the Results cies to direct at least 75 percent of their fund- First Initiative, a project of The Pew Charita- ing to evidence-based practices. California now Allison Hiltz is a policy associate for Strategic ble Trusts and the John D. and Catherine T. requires results to be reported along with expen- Initiatives at NCSL. MacArthur Foundation. ditures for its drug and alcohol programs.

JUNE 2017 26 STATE LEGISLATURES BUDGETING The Process of Evidence-Based Policymaking

ings), whereas methadone was relatively inexpensive to administer Assess and generated $2.22 for every dollar spent. Programs The distinction between an effective treatment and a cost-effec- Review evidence of tive treatment is a key one, says Elizabeth Drake, a senior research effectiveness of associate at the Institute of Public Policy. “The important thing current programs. to remember is that there are many treatment options that work, Target though some may be more expensive than others. Our goal at the Develop Evaluations the Budget institute is to monetize policy options, not to make value judg- Rigorously evaluate Incorporate evidence ments, and enable lawmakers to make choices that best serve their programs that lack into budget and individual communities.” strong evidence of policy decisions. Despite differences in the ways and rates at which they’ve effectiveness. adopted evidence-based policymaking, many states are moving forward with plans to incorporate more of it into their budgeting practices. And all share a commitment to support programs that are proven to work and that allocate taxpayer money in the best Monitor Conduct way possible. Results Oversight Determine whether Ensure programs are Minnesota Means Lean programs are effectively Minnesota launched its Office of Continuous Improvement a achieving desired delivered. decade ago to bolster government services and cut excess costs. The results. state’s Enterprise Lean Initiative, one of several programs within the office, works to maximize efficiency by training its employees Source: The Pew Charitable Trusts, 2014 to spot opportunities to streamline procedures or methods to save taxpayer money. The program has proved successful. The Department of Human Services, for example, reduced staff time spent annually on appeals from the elderly and disabled con- cerning personal-care attendants, from an average of 87 days to less The Shift to Tighten Belts than a month. The reduction saved the state about $960,000 yearly. There are various reasons why states began shifting toward this The Minnesota Housing Finance Agency saved money by trad- method of policymaking, but one shared event had an influence on ing its stamps and envelopes for emails. By switching its delivery all: The Great Recession. of payment vouchers to residents participating in a federal rental As revenues began to decline in 2008, state lawmakers sought assistance program, the agency garnered more than $16,000 in ways to tighten their belts without losing their shirts. Although annual savings. strategic approaches to decision making were not a novel con- In 2010, the governor kicked off the Better Government Award cept, they oftentimes focused solely on the budgeting process. to recognize agencies that continue to improve services while cut- Performance-based budgeting, or budgeting based on results and ting costs. Some of the winning accomplishments include: cost-benefit analyses, or weighing a program’s financial pros and • Annual savings of $400,000 from adopting an effective e-filing cons, were not uncommon. system for business tax returns. Washington blazed the trail toward data-driven decision making • A 62 percent reduction in the time it takes for road in 1983 when it created the Washington State Institute of Public construction projects to receive approval by increasing interagency Policy and charged it with being the nonpartisan research organi- collaboration. zation within the legislative branch dedicated to improving citizens’ • Annual savings of $630,000 by streamlining the mail processing lives. Since then, it has evolved into a central component of Wash- system to lower the amount of returned mail. ington’s government, conducting valuable, candid cost-benefit Until 2015, Minnesota’s application of evidence-based policies analyses for lawmakers. and return-on-investment analysis was applied informally on an The institute, for example, just finished analyzing the benefits agency-by-agency basis. It saved a lot of money, but it often had and costs associated with long-acting injectable medications versus more to do with streamlining services and improving delivery, than those taken orally for opioid and alcohol disorders. They found with any serious cost-benefit analysis. In 2015, Minnesota worked that injectable naltrexone, while effective, costs nearly four times with Results First and began digging into the details by inventory- more than methadone pills, resulting in a negative return on invest- ing programs to ensure they were both evidence-based and provid- ment. Each naltrexone treatment costs more than the benefits it ing a positive return on investment. yields (benefits include health insurance savings and future earn- The initiative received bipartisan support from both legislative

STATE LEGISLATURES 27 JUNE 2017 BUDGETING

Applying the Process of Budget to think of the cost-benefit analysis process as a routine Most states conduct some aspect of evidence-based part of going through the program selection and budget assembly policymaking, although far fewer are taking the method to the process,” he said in a testimonial for the initiative. next, more advanced level. Sun Shines on Florida Savings Define levels of evidence 23 17 40 In 2003, at the direction of the Florida Legislature, the Office of Program Policy Analysis and Government Accountability set Inventory existing programs 29 21 50 out to determine the cost-effectiveness of a new program. It was Compare program designed to offer alternative, therapy-based programs to nonvio- costs and benefits 16 1 17 lent juvenile offenders in the community, rather than in residential Report outcomes 13 29 42 facilities. Armed with research, the office estimated the program, in the budget named Redirection, would save the state $1.7 million. Target funds to evidence-based programs 5 45 50 In reality, the amount was much higher, generating an estimated $2 million in cost savings its first year, reduced recidivism, and was Require action through state law 11 23 34 so effective it was expanded. Within five years, Redirection gener- Number of states with advanced action in at least one policy area ated $51.2 million in cost savings and avoided $5.2 million in costs, in part, because of the resulting lower recidivism rate. Number of states with only minimum action in at least one policy area The Department of Juvenile Justice took a series of steps in 2006 Total states Source: The Pew Charitable Trusts, 2017 to ensure a consistent adherence to evidence, including defining the levels of evidence, developing a guide that ranks programs by effectiveness and offering ongoing support to officials as they plan and and executive branches and is housed in the Minnesota Manage- begin using the new program. ment and Budget office. “It offers strong, reliable data on cost-ef- Until 2015, these efforts were largely led by state agency direc- fectiveness and program quality, informing the work of policy- tors and state legislators, but in 2015 Florida Governor Rick Scott makers and helping us to provide the most efficient and effective (R) issued two executive orders directing the corrections, juvenile services to Minnesotans,” says Myron Frans, the budget office justice, children and families, health, and health care administra- commissioner. tion agencies to collaboratively evaluate and streamline their ser- Today, Minnesota Management and Budget is coordinating vices and budgeting. with staff from all levels—executive, legislative, agency, counties, Officials from the various agencies are working with Results key stakeholders—to inventory key programs to ensure the services First staff to evaluate programs and direct funding based on what offered are financially efficient and maximize their potential based they find. Currently, they are taking an inventory of all juvenile on the available evidence. justice programs.

New York’s Hub Proves it More Than Just One Way New York’s Division of Criminal Justice Services is a hub for As states increasingly shift toward evidence-based policymak- criminal justice data tracking and analysis. It examines everything ing, there’s no one way to do it—particularly when it’s combined from crime trends to alternative-sentencing programs, then targets with cost-benefit analyses. For some, the shift begins at the depart- funding to the programs with proven records of positive results. ment or agency level and migrates upward. For others, it begins Recently, the division changed the way it invests in alternatives as an executive order or via legislation and cascades outward, to to incarceration. Using the Results First process, the division ana- departments and agencies. lyzed which programs were most likely to reduce recidivism and There are times when things will not work out as expected, and which provided states the most bang for the buck. times when they’ll turn out better than anticipated—when the find- Division staff wanted state lawmakers to see how the process ings will confound you, but the facts will convince you. can result in evidence-based policies that have a measurable effect, How state lawmakers apply evidence-based methods vary, but rather than just produce forecasts for the next decade. they all share the common goal of trying to make government more The analysis showed that several of the alternative programs effective and efficient. were successfully turning lives around, with the potential of saving “Evidence-based policymaking can help guide government pol- the state money down the road. icy and funding decisions,” says Results First project director Sara Community-based employment programs, for example, could Dube. “By focusing limited resources on services and programs generate a taxpayer return on investment of $2.58 for every $1 that have been shown to produce positive results, governments can spent. The same held true for cognitive behavioral interventions, expand investment in cost-effective programs, consider reducing which returned $2.52 for every $1 spent. funding for ineffective programs, and improve the outcomes of ser- The results impressed Marc Schabses, the division’s cost-ben- vices funded by taxpayer dollars.” efit coordinator. “We want our state agencies and our Division Even Nietzsche might agree with that, but probably not.

JUNE 2017 28 STATE LEGISLATURES POLITICS New Mexico’s Veto War The battle over the budget reaches new heights in the Land of Enchantment.

the-court brief. The presidents didn’t take sides in how the budget impasse should be BY DAN MCKAY resolved but asked for a quick resolution. The legal tussle comes as Martinez, a ttorneys for Governor Susana Republican, and the Legislature—where Martinez asked New Mexico’s Democrats hold majorities in both cham- highest court to uphold her bers—remain at odds over a state budget A authority to eliminate funding crisis, triggered in part by a downturn in oil for higher education and the Legislature and gas prices. itself. But they also stressed that the veto of State lawmakers passed a $6.1 billion funding isn’t permanent: It can be restored budget package that includes about $350 in some form during a special legislative million in tax increases—necessary, sup- session, and no one is in danger of running porters said, to avoid damaging cuts to out of money before then, her attorneys said. public schools and other state services. The legal filings came in response to a Martinez responded by vetoing the May 5 deadline issued by the state Supreme entire tax increase package and using her Court, which, at the time this magazine line item veto authority to remove funding went to press, was considering an emer- in the budget for higher education and the gency petition to invalidate Martinez’s line Legislature itself. She has since said she item vetoes of funding for higher education cial legislative session—the appropriate has a plan to fund higher education with- and legislative agencies. venue to craft a new spending plan for out tax increases. The state should balance Legislative leaders sued the governor higher education and the Legislature, its budget, Martinez argues, without tax in April, arguing that she doesn’t have according to the filing, signed by private increases that will raise the cost of living on authority to reject funding for an equal attorney Paul Kennedy. “The governor New Mexico families. branch of government or for educational never stated that she is abolishing the No matter who wins the lawsuit, Mar- institutions established in the constitution. Legislature or any state educational insti- tinez and the Legislature will almost cer- They accused her of trying to “effectively tutions,” the governor’s response said. tainly have to negotiate a new budget agree- abolish” the legislative branch of govern- “Neither the legislative agencies nor the ment of some kind. If lawmakers win—and ment and higher education. educational institutions have run out of the line item vetoes are invalidated—the The state Supreme Court scheduled a funds, and there is still time to appropriate basic operating budget of the state would hearing May 15 for oral arguments. funds for the next fiscal year.” The court, be somewhere in the neighborhood of $70 Attorneys for Martinez said the state then, should wait to make a decision, the million out of balance, according to one constitution empowers the executive governor’s legal team said. estimate by the director of the Legislative branch to reject all or parts of spending The New Mexico Council of University Finance Committee. That’s because the tax bills passed by the Legislature—and there’s Presidents also weighed in. The council told increases—vetoed in a separate bill, which no prohibition on using that power the way the Supreme Court that budget uncertainty isn’t the subject of litigation—are necessary she did. Furthermore, her attorneys said, is already harming recruitment and reten- to pay for all the spending. the dispute isn’t “ripe” for a court decision tion efforts for faculty and students in some And if Martinez wins, the Legislature yet. fields. Some of the damage caused by the and governor would still have to agree on The governor already has called a spe- vetoes is irreparable; some students have how to fund higher education and legis- already been discouraged. They fear their lative agencies. The governor has called a This article was reprinted with permission from The schools may close or wonder whether they special session of the Legislature on May Albuquerque Journal. Permission does not imply endorsement. would be better off finishing their degrees 24 to consider the budget and taxes. The ©THE ALBUQUERQUE JOURNAL out of state, the council said in a friend-of- fiscal year starts July 1.

STATE LEGISLATURES 29 JUNE 2017 OPINION Confirmation by Fire

Some thoughts on Supreme Court Justice Neil the president who nominated him. He soon will be tested with some big Gorsuch’s contentious confirmation process cases. At some point the Supreme Court will rule on the legality of the Clean Power Plan and the “waters of the United States” definitional rule. BY LISA SORONEN Court commentators have speculated that Chief Justice John Roberts voted to ill the charged uphold the Affordable Care Act’s individ- environment in which ual mandate to protect the institutional Justice Neil Gorsuch was integrity of the court more than to validate W confirmed shape his votes the federal law. Roberts may have feared on cases affecting the states? the court would have looked too partisan Justice Neil Gorsuch’s confirmation if the five conservative-leaning justices, process to replace the late conserva- all appointed by Republican presidents, tive Justice Antonin Scalia on the U.S. struck down the Democratic president’s Supreme Court was one of the most politi- signature piece of legislation. cally contentious in recent memory. A closer look at the chief justice’s It is difficult for those of us who treasure record reveals subtle signs that could indi- our democracy, and our legal system in cate he is genuinely concerned about pre- particular, to accept that Supreme Court serving the court’s role as the nonpolitical justices, not to mention regular everyday PHOTO: C-SPAN branch of government. Will Gorsuch feel judges, are chosen more for political rea- Heritage Foundation—came up with a list the same? sons than for their ability to dole out the of 21 potential nominees. All but one of Roberts rarely joins the concurring and law evenly, intelligently and objectively— them were current judges with long track dissenting opinions of his more conserva- with justice resulting in the end. records, to avoid what some call “another tive colleagues. He could be simply less Beneath the thin veneer of choosing Justice Souter,” who was thought to be a conservative than they are, or he might someone with stellar academic credentials conservative when nominated in 1990, but realize the court will appear less political who has had an impressive legal career, who more often joined the liberal justices if he (or any of the justices) is more mod- politics always plays a role when it comes in deciding cases. erate. The chief justice assigns the writing to selecting Supreme Court justices, but Gorsuch was confirmed only after of opinions that he joins. I can’t help maybe never so large a role as it did in the Republicans lowered the number of votes but believe that when he forgoes writing selection of Gorsuch. needed for Supreme Court nominees to opinions in relatively important cases and From Senate Republicans vowing not advance, from 60 to a simple majority. assigns himself small, racial-bias cases, as to hold confirmation hearings no mat- Dubbed the “nuclear option,” the new he did this term in Buck v. Davis and last ter who then-President Barack Obama threshold makes it easier for nominees to be term in Foster v. Chapman, he is trying to nominated, to Obama baiting them by confirmed without wide bipartisan support. convey a message that eradicating racial nominating Merrick Garland, a very Will the fact that Gorsuch was con- bias is a bipartisan issue that conservatives qualified, moderate, white 64-year-old firmed in such a politically charged envi- care deeply about too. male—normally an acceptable candidate ronment affect how he views the institution I expect Gorsuch, like Roberts, will be a for Republicans—to Democrats playing or his role in upholding its Integrity? Will it reliable conservative justice. His decisions the filibuster card, to Republicans follow- influence how he votes on the court? may or may not reflect the acrimony of his ing through on their threat to deploy the No matter how he votes or what he confirmation process, or the concern for “nuclear option,” the process was full of writes, it will be impossible to know his the court as an institution that Roberts’ party-line stances. motivations. When it comes to cases decisions have. But we will have plenty Candidate Donald Trump, after seek- affecting states and local governments, his of time to get to know him—he’s just 49 ing input from two conservative organi- votes may have more to do with how he years old and could sit on the court for zations—the Federalist Society and the feels about federalism, agency deference, more than 30 years. and environmental regulation and protec- Lisa Soronen is the executive director of the State and Local tion than whether he is a liberal or a con- The opinions expressed are the writer’s and Legal Center in Washington, D.C. servative or whether he feels any loyalty to not necessarily those of NCSL.

JUNE 2017 30 STATE LEGISLATURES FINAL WORD Joseph M. Souki

Speaker Emeritus, Hawaii House

oseph “Joe” Souki was born in 1933 in the sugar plantation town I changed all of that and made it so the chair needed to have votes from all of Pu’unene on the island of Maui. In his youth, Souki worked in the members before he could pass a bill out of committee. I provided more the sugar cane fields and enjoyed boxing and aikido. He served in transparency and empowered the members to feel good about themselves J the Army and graduated from Woodbury University in Southern and to make decisions they think are worthwhile. California before returning to Maui. There he worked with the anti- poverty program Maui Economic Opportunity, built a real estate What was it like growing up in Maui? I belong to a generation that business and became active in government. He was first elected to lived on the plantation governance, so to speak. You lived in an old the Hawaii House in 1982 and served as speaker from 1993 to 1998 plantation home. Whenever it rained you brought in the bucket and again from 2013 to 2017. brigades. But what I’ve learned through that is that people even of modest earnings can be very loving and helpful to each other. I’ve You’ve served in the Legislature for 35 years. What’s changed? learned to appreciate that kind of mentality, especially with the The members have changed in their thinking and ideology. laborers—they work hard and take care of their families. They’ve become more progressive, more environmentally concerned and more independent. They’re better When you were a kid, what did you want to be educated. On the negative side, they also come in when you grew up? I was influenced by my dad, who younger, with less civic and worldwide experience. was a strong Democrat. We used to listen to FDR and the “fireside” speeches on the radio and I was very What’s the best advice you give to young, new impressed with all of that. And that possibly led me legislators? First, listen. Listen and then ask to eventually become a Democrat and a leader in the questions. Learn the priorities of government and Democratic Party. of the Legislature. And to have integrity—that one’s word is golden—and to look at issues on a broader Who were your role models in government? I had scale and to compromise at times if need be. two people and they both were speakers of the House and they both were from Maui. Manuel G. Paschoal was To what do you attribute your impressive this rather large person with a huge voice coming out longevity in the Legislature? A lot is good fortune. to speak for the public about why he thinks they need I started quite late in my life. I was in my late 40s, and I more help, they need more water, the roads need to be remember a press person telling me, ‘Aren’t you getting repaired. I listened to this man and I said, ‘You know, in a little late?’ I said, ‘Well, maybe, but I’m coming in maybe someday I want to be like him, where I could running.’ And I did. I moved up quite rapidly in my first have this strong influence over the public in making the few years. My second year I was the vice chairman of desired changes.’ The second was Elmer Cravalho, who the finance committee and in my third term I was the was considered one of the better speakers the state has chairman. In my sixth term I was the speaker of the House. ever had. He led the state from territory to statehood, and It was a bit of luck and having associates believe in me. he was known for his skill as a parliamentarian and ushering legislation. In the three-plus decades you’ve served, what has been your most difficult moment, and what is your What do you do to unwind from work? I don’t unwind! proudest accomplishment? What stands out is the first At the end of the day I like to sit with my close friends, and time I lost my speakership, and that was after six years. I maybe get into a nongambling card game and share some had close friends who weren’t satisfied with the work I was discussion. That helps me unwind a little bit. doing. They had a coalition and I was told to take a vacation. That was kind of a low point. But I rebounded very quickly, What would surprise people most to learn about you? That and I adapted to the new leadership and looked for new I’m younger than I look! challenges as a member and as a committee chair. As for accomplishments, when I first came into the House, What final words would you like to share? The final word the members in the committees had no right to speak or vote on issues. is to enjoy your job. Be cognizant of the needs of the people around you. Everybody has something they need, everyone Jane Carroll Andrade, a contributing editor to the magazine, has a problem, even though they don’t necessarily bring it out. conducted this interview, which has been edited for length. Have sympathy for people, care for people.

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