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December 2017

Coming to America

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Scientists are pioneering advanced treatments to help dendritic cells activate immune T cells to attack the body’s most lethal illnesses . Welcome to the future of medicine. For all of us.

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GoBoldly.com DECEMBER 2017 VOL. 43 NO. 10 | CONTENTS

A National Conference of State Legislatures Publication

Executive Director William T. Pound

Director of Communications Karen Hansen NCSL’s national magazine of policy and politics

Editor Julie Lays

Assistant Editor Kevin Frazzini FEATURES DEPARTMENTS ©2017 America’s Biopharmaceutical Companies.Biopharmaceutical ©2017America’s Contributing Editor Jane Carroll Andrade Coming to America Page 10 STATESTATS PAGE 4

Online Magazine BY ANN MORSE Hate groups find fertile ground in America. Ed Smith Beyond the border battles, immigrants continue to take the oath Mark Wolf of citizenship and integrate into American life. SHORT TAKES PAGE 5 Art Director

NCSL President Senator Deb Peters TRENDS PAGE 6 South Dakota Hurricanes leave troubled waters behind, another strategy to NCSL Staff Chair Chuck Truesdell battle opioid abuse and the growth of food freedom laws Fiscal Analyst, Legislative Research Commission NEWSMAKERS PAGE 8 Kentucky What’s happening under the domes Denver Office 7700 East First Place Denver, Colorado STATELINE PAGE 16 80230 (303) 364-7700 News in brief from across the country—

Washington, D.C., from marauding mute swans in the B:11.375" OfficeT:10.875" S:10" Northeast to new sanctuary state laws 444 N. Capitol St. N.W., Suite 515 in California and Illinois Washington, D.C. 20001 (202) 624-5400 LEGISLATIVE STAFF WEEK PAGE 18 State Legislatures Introduction: Raul Burciaga and Chuck Truesdell (ISSN 0147-0641) is published 10 times a Toolbox: The Making of a Manager: Six essential traits of top year by the National Conference of State legislative bosses Legislatures. What Staff Know: 5 Things Committee Staff Want You to Know RESEARCHERS ARE ARMING THIS CELL TO BATTLE ©2017, All rights reserved. Reproduction It’s Time To Meet: If Committee Rooms Could Talk…

in whole or in part ©2017 BRUCE HOLDEMAN SOME OF THE MOST INSIDIOUS FORMS OF DISEASE. without permission is prohibited. Requests for permission to THE FINAL WORD PAGE 31 reprint may be emailed Meet Oregon House Speaker Tina Kotek BEAUTY, IT APPEARS, CAN BE A BEAST. to Julie Lays at: julie. [email protected]. “I would encourage everyone in Opinions expressed in this magazine Cut, Color and Chardonnay? Page 24 legislatures across the country not to do not necessarily BY HEATHER MORTON lose hope about the impact they can reflect NCSL policy. State Legislatures is Some believe a merlot and a massage go as well together as a have on people’s lives.” indexed in the PAIS Bulletin and Expanded beer and a football game. Academic Index. Annual subscription SL ONLINE rates: U.S.—$49; Keeping PACE Page 28 Find more information and links to foreign—$55; teachers—$25 (promo BY JOCELYN DURKAY resources on topics covered in these code SLMTEA). Single copy: $6.50. Increasing consumer protections is strengthening a clean energy pages at SL Online. Periodically, NCSL financing program for homeowners. rents mailing labels to  Go to ncsl.org/magazine other organizations. If you prefer your name not be included please State Legislatures magazine is printed send a written request. on recycled paper. Postmaster: Send address changes to: State Legislatures magazine, 7700 East First Place, Denver, CO Scientists are pioneering advanced treatments to help dendritic cells 80230. activate immune T cells to attack the body’s most lethal illnesses . Welcome to the future of medicine. For all of us. STATE LEGISLATURES 3 DECEMBER 2017

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DOCUMENT PATH: TMG:Clients:YR:Pharma:Jobs:2017:7F:7F81844_PHR-GEN-M03633:Mechanicals:7F81844_PHR_b2.1_ks.indd FONT FAMILY: Circular Std (Book, Medium) LINK NAME: 7E81728_PHR_a1_w.tif, Go Boldly™ Lockup_100pt_4C_FINAL_yr.ai, PhRMA_ABC™_logo_4C+W_alt2_yr3.ai INK NAME: Cyan, Magenta, Yellow, Black STATESTATS Hate Groups Find Fertile Ground Types of Hate Groups in the United States, 2016 ow prevalent are hate groups in your state? Since the early 1990s, the Southern Poverty Law Center has published an annual Hmap showing where hate groups operate. The SPLC defines hate groups as having “beliefs or practices that attack or malign an entire class of people, typically for their immutable characteristics.” Their activities can include criminal acts, marches, rallies, speeches, meetings, leafleting or publishing. The SPLC compiled this information using the hate groups’ publications and websites, citizen and law enforcement reports, field sources and news reports. Hate groups operate in every state—except Alaska and Hawaii—and the District of Columbia. By the SPLC’s last count, there were 917 nationwide. —Magazine staff

Number of Identiﬁed Hate Groups in Each State PHOTO BY ANTHONY CRIDER BY PHOTO Alt-right demonstrators prepare to enter Emancipation Park in Charlottesville, Virginia, during the Unite the Right rally in August.

Source: Southern Poverty Law Center

An Upward Trend 101 1007 The number of active hate groups in the United States 1002 peaked at 1,018 in 2011, then decreased sharply. Since 2014, 2 32 3 17 2 however, the number has been on the rise. 44 03 74 751 72 70 7 02

457

Source: Southern Poverty Law Center

DECEMBER 2017 4 STATE LEGISLATURES SHORT TAKES ON NCSL NEWS

IDEAS Making Occupational Licensing Work EXPERTISE NCSL, the National Governors Association’s Center for Best Practices and the Council of State Governments have announced the 11 states that will participate in a new initiative to improve “Moving to paper occupational licensing policy. Participants from Arkansas, Colorado, Connecticut, Delaware, is absolutely the Illinois, Indiana, Kentucky, Maryland, Nevada, Utah and Wisconsin will become experts in their happening trend.” state’s occupational licensing policies and learn about best practices in other states. The goal is Wendy Underhill on to remove barriers to labor markets by improving the portability of certain professional licenses how some states are across state lines. returning to paper The project stems from a $7.5 million grant the three partner organizations received from the ballots to reduce the threat of U.S. Department of Labor’s Employment and Training Administration. In addition to the 11-state cyberattacks, in Governing. consortium, the partners will provide research on the current state of the national occupational licensing landscape. To read more about occupational licensing issues, read the article in the “Basing those fees January 2017 issue of State Legislatures magazine. off of power is not an accurate proxy of use Tackling Transportation Funding or damage caused [to roads].” NCSL’s transportation policy team joined Kevin Pula on a state lawmakers and others to discuss the Missouri study on charging vehicle nation’s transportation infrastructure needs registration fees according to the and how to fund them at the American Road car’s fuel efficiency rather than and Transportation Builders Association’s third engine power, which is used annual workshop in Washington, D.C. From currently, in the St. Louis Post- left, Montana Representative Frank Garner, Dispatch. Tennessee Senate Speaker Pro Tem Jim Tracy, Oregon Representative Brad Witt, and Rich “Since professional Juliano of the ARTBA. Visit ncsl.org/magazine to athletes’ salaries and find all kinds of resources in our Transportation travel schedules are Deep Dive, a one-stop shop for all the latest publicly available, news on transportation policy trends and ideas. they are ripe targets for state tax authorities.” Jackson Brainerd on complicated state “jock taxes” athletes and others must pay on the income they earn CONNECTIONS while performing in a state they don’t Global Reach live in, in Bloomberg BNA. NCSL’s International Programs department serves “This has been as as a liaison between U.S. much of a bipartisan state legislatures and their approach to this type counterparts internationally, of program as you’re including organizations, foreign going to get.” embassies, parliaments and Josh Cunningham legislatures, as well as domestic on Illinois’ tax-credit scholarship organizations with international program to enable low-income interests. Based in NCSL’s students to attend private schools, in Washington, D.C. office, the Education Week. department conducts research, holds public policy forums, “If everyone was to develops technical assistance come knocking on the projects, offers exchange door for treatment, programs and fellowships, and they wouldn’t assists state legislators and know where to put staff in identifying international everybody.” issues with local or regional Karmen Hanson on the lack of implications. Above are a few of the 250 international professionals who attended the 2017 Legislative Summit capacity states would face if in Boston. From left, Lunga Hogan-Msimang, parliamentary exchange program manager for the Gauteng they were to expand involuntary Provincial Legislature in South Africa; Luciano Nunes Santos, assemblyman from Piauí, Brazil, and president of commitment laws to combat the the National Union of State Legislators; Ivana Teixeira Bastos, assemblywoman from Bahia, Brazil; Jamie Caton, opioid epidemic, in USA Today. manager of political relations and public affairs, consulate general of Canada in Denver; NCSL International Programs director Kathy Brennan Wiggins; and Katherine Boyce, NCSL policy specialist.

STATE LEGISLATURES 5 DECEMBER 2017 TRENDS Storms Leave States in Troubled Waters

Lawmakers Lend a Hand With Disaster Relief A succession of natural disasters—from hurricanes and floods to earthquakes and wildfires—devastated millions of lives this year. State lawmakers, sometimes victims themselves, responded with compassion and assistance. In New York, Assistant Assembly Speaker Felix W. Ortiz, a native Puerto Rican who has family on the island, organized the Sunset Park Disaster Relief Collection Center at his district office in Brooklyn. Aid efforts at the center, located in the heart of a Puerto Rican and Mexican American neighborhood, began shortly after Harvey and steadily intensified as the disasters mounted. The center has collected thousands of pounds of donations, including bottled water, canned goods and other food items, clothing and other necessities, most of it bound for Mexico and Puerto Rico. Ortiz is a co-chair of NCSL’s Task Force on International Relations. Four Texans—Representatives Tony Dale, Phil King, Briscoe Cain and Cecil Bell—joined Harvey relief efforts as members of the Texas State Guard, which distributed meals, bagged ice and cases of water. Have you or others in your district organized disaster-relief efforts? We’d love to hear about it. Please send your stories to [email protected].

s Hurricane Maria left Puerto necessary to deal with Harvey recovery. New York Assistant Assembly Speaker Felix W. Rico and the U.S. Virgin Islands, In South Florida, the problem has been Ortiz helps unload bottled water at the relief residents discovered the same sewage. The region’s flat terrain requires collection center he organized at his office in A problem that Houston and South wastewater pump stations to move sewage. Brooklyn. Florida faced after hurricanes Harvey When Irma struck the electrical grid, the and Irma: Receding floodwaters exposed pumps shut down, causing 6 million gallons York, both home to numerous toxic sites. environmental contamination. of wastewater to spill into Miami’s Biscayne Chemicals from the sites placed an addi- Floodwaters in Texas and Florida were Bay. In Fort Lauderdale, a one-minute power tional burden on the EPA and the states to fouled with toxic chemicals and sewage. outage at the sewage plant allowed 86,000 make certain that receding floodwaters were After Harvey, pollutants from Superfund gallons of treated wastewater to spill into the not contaminated. sites and chemical facilities in the Hous- Intracoastal Waterway. Orlando’s wastewater “There’s lots of local contamination that ton area mixed with floodwaters, leading system flowed backward, leading to 10,000 happens in a major storm,” says Tom Burke, Texas Governor Greg Abbott (R) to warn gallons seeping out of manhole covers. who once worked at the New Jersey Depart- residents to stay out of the water. The In the town of Miramar, the site of the ment of Environmental Protection and the EPA confirmed that 13 Superfund sites in largest raw sewage mess, 300,000 gallons of EPA. “I think, in retrospect, the New York Texas were flooded by Harvey and were wastewater streamed from a broken pipe and New Jersey metropolitan area was very “experiencing possible damage” due to for more than a day, soaking front yards, lucky that in many sites the caps held, and the storm. The flooding caused explosions seeping into the canal and requiring a large the contamination was luckily not major.” at the Arkema chemical plant in Crosby, cleanup. Residents were concerned about The full extent of Irma’s damage remains Texas. Chemicals have washed up in neigh- well water being contaminated. to be seen, but the storm already has borhoods, and poisonous globes of mercury “There’s still fecal matter that seems to exacted high costs to people and property. have been found along the San Jacinto be floating,” one resident noted. By late September, at least 42 deaths in River, across from a hazardous waste site. The Florida Department of Health cau- Florida had been attributed to the storm, The Texas Commission on Environmen- tioned residents to avoid areas affected by and 32 state agencies had spent more than tal Quality issued guidance on the environ- sewage and make certain septic systems $273,522,000 on preparation and recovery mental hazards, including how to determine were functioning. efforts, according to The Associated Press. whether drinking water is safe and how to Before the storm, the EPA estimated that By comparison, the final tally for Hurricane handle wastewater runoff. Some residents necessary upgrades to Florida’s wastewater Matthew, which hit the state in October last remain concerned, however, about indus- systems would cost the state $18.4 billion. year, was about $269,000,000. trial chemicals in the floodwaters still linger- After Irma, the need for those upgrades is Florida Governor Rick Scott (R) and ing in many parts of the Texas coast. even more urgent. state lawmakers had not determined Abbott has said that a special session This is not the first time that Superfund whether a special session was necessary to of the Legislature, which isn’t scheduled sites have been struck by a hurricane. Super- tackle storm-related issues. to meet again until January 2019, won’t be storm Sandy flooded New Jersey and New —Doug Farquhar

DECEMBER 2017 6 STATE LEGISLATURES TRENDS Another Strategy in the Opioid Battle

imiting opioid prescriptions has In response to the crisis, Massachusetts viders also are responding to the crisis. emerged as one of the most recent lawmakers enacted comprehensive legis- In March 2016, the CDC released the policy trends for state lawmakers lation in 2016 that included a first-in-the- “Guideline for Prescribing Opioids for L who are scrambling to reduce the nation limit on initial opioid prescriptions Chronic Pain,” a voluntary set of recom- ongoing high rates of addiction, overdose and to a seven-day supply. In just over a year, mendations for providers. A new report death from both legal and illegal opioids. 16 states have followed with similar limits finds that the declines in opioid prescrib- Almost half of the opioid-related deaths or guidelines. ing rates “suggest that health care provid- in the U.S.—42 of 91 daily—involve a Most of these laws limit first-time opioid ers have responded, becoming more cau- prescription painkiller. Despite recent prescriptions to a seven-day supply, though tious in their opioid prescribing practices.” declines, opioid prescribing rates remain some set the limit at three, five or 14 days. Between July and September, the CDC nearly three times higher than 1999 levels, Six legislatures have enacted bills in awarded more than $40 million to states to according to the Centers for Disease Con- the last two years directing or authorizing help them fight the opioid epidemic. With trol and Prevention. other entities—typically, health provider federal and state resources, lawmakers and Using opioids to treat acute pain boards (medical or nursing boards, for other leaders will continue to craft inno- can lead to long-term use, and the risks example) or the state health official—to vative policies to address this persistent increase based on the length or dose of the set the limits or provide the guidelines. public health problem. initial prescription, according to the CDC. Federal agencies and health care pro- —Kate Blackman

Homemade Cookies Make a Comeback

ood freedom laws ease regulations raw dairy products, directly to consumers. on the production and sale of (Federal law prohibits the unregulated homemade and locally grown foods. sale of meat and meat products.) The new FThey exempt producers from what law allows producers to sell up to 1,000 supporters say is a burden of permits, domestic fowl of their own raising every inspections and licensing requirements, year without regulation. Other foods that and give consumers the freedom to buy require refrigeration, such as baked goods foods not inspected by the state. Three containing cream, custard or cheese, must legislatures have adopted them, and several be labeled with this statement: “This more are considering the idea. product is made in a home kitchen that is Wyoming’s Food Freedom Act, from not inspected by the state or local health 2015, was the first of its kind. It exempted department.” many homemade foods from licensing Maine’s Act to Recognize Local Control requirements and allowed farmers to sell Regarding Food Systems allows local gov- directly to consumers. ernments to exempt producers of food sold “Wyoming has had roaring success [with and consumed locally from state licensing the law], and we continue to capitalize on arate cash registers. and inspection requirements. Food pro- those aspects,” says Wyoming Senator Critics say food freedom laws may duced for wholesale or retail distribution, Tyler Lindholm (R), the bill’s lead sponsor. endanger consumers by giving them a sense however, “must be grown, produced or The Legislature amended the act this that inspections are unneeded. An editorial processed in compliance with all applicable year, clarifying which homemade products in Wyoming’s Tribune-Eagle warned that state and federal laws, rules and regula- are exempt from regulations, and adding the law could create “an outbreak of food tions.” The bill is the first to give control of rabbit and fish to the exempted list. The poisoning and threaten the lives of children, food produced and sold locally to munici- amendment also permits state agencies to the elderly and pregnant women as well as pal governments. provide assistance, consultation and inspec- make the rest of the state sick.” Legislators have introduced similar bills tion services when requested. Producers North Dakota lawmakers also enacted in California, Florida, Hawaii, Illinois, may now sell inspected and uninspected a food freedom law this year. It allows Mississippi, Missouri, Montana, New Jer- foods side by side at farmers markets, farms unlicensed, uninspected producers to sell sey, South Dakota, Utah and Virginia. and ranches, as long as they are sold at sep- all foods, except meat, meat products and —Kristina Ellis

STATE LEGISLATURES 7 DECEMBER 2017 “When we turn the Forest Service over NEWSMAKERS to the bird and bunny lovers and the tree huggers and the rock lickers, we’ve turned our history over. …We are going to lose our wildlife and we are going to lose our scenery, the very thing you

Alaska Representative Bryce Edgmon (D) has replaced people wanted to try to protect. It’s just Mike Chenault (R) as speaker of the Alaska House. plain stupidity.” Chenault, a four-term speaker who stepped down from Utah Representative Mike Noel (R) on the cause of the recent wildfires, his post this year, has filed a letter of intent to run for in the Chicago Tribune. governor. He was first elected in 2002 and became

speaker in 2009. Three Republicans voted with a coalition NOEL of Democrats in January to organize the House under Democratic control. EDGMON CHENAULT

“It is encouraging to see occupational licensing reform receiving such increased bipartisan

support nationally and in Utah.” GREENE Utah Representative Brian Greene (R) on his state’s selection to participate, along with NCSL, in a national effort to increase portability of occupational licenses and remove overly broad or restrictive licensing requirements, at UtahPolicy.com.

“There’s no point of incarcerating someone who’s at WEBER the point of death.”

California Assemblywoman Shirley Weber (D) on measures that would release more of the state’s older inmates to ease prison overcrowding, from The Associated Press.

TOWNSEND “Some are saying about us, ‘They are no Hamilton. They are no Jefferson.’ No, we are not. But we Missouri Representative Elijah Haahr (R) was elected are the stewards now. They found by his GOP colleagues to succeed Todd Richardson (R) as speaker in 2019, when term limits end Richardson’s the courage to stand up, and now House service. Haahr, 35, is currently speaker pro tem. He was first elected in 2012. it’s our turn.” HAAHR Arizona Representative Kelly Townsend (R) on the first national convention of states in more than 150 years, at the Arizona Capitol, from azcentral.com.

DECEMBER 2017 8 STATE LEGISLATURES “Drones can easily be used NEWSMAKERS Wisconsin Assembly Democrats elected to smuggle dangerous Representative Gordon Hintz to replace contraband like drugs, Representative Peter Barca (D), who has led the weapons and cell phones CHIRKUN caucus since 2011 when Republicans took control of the chamber. With 35 members in the 99-member inside prisons.” chamber, the Democrats are at their lowest numbers Michigan Representative John Chirkun (D) on his bill since 1957. Hintz has served in the Assembly since to prohibit the flying of drones near state prisons and 2016. Barca stepped down after he voted with other government buildings, from housedems.com. Republicans to support a $3 billion tax incentive program for a technology group his caucus opposed.

HINTZ Maine Senate Majority Leader Garrett Mason (R) announced a bid for governor. The 32-year-old leader joins a field of 16 candidates. If elected, he would be the youngest governor, by five months, in Maine history. MANSON Mason’s mother, first term Representative Gina Mason, died unexpectedly in September.

“There’s no legitimate reason why LINSKY these weapons should be in private ownership. … Congress has been completely derelict in its duty with responding to the public health crisis of gun violence in this country.”

Massachusetts Representative David Linsky (D), shortly after the Las Vegas shooting in October, in the Milford Daily Press.

The Tennessee House will lose its two longest serving members at the end of 2018. Representative Steve MCDANIEL HARWELL McDaniel (R) has served for 29 years and announced he will not seek a 16th term in office. McDaniel, currently deputy speaker, sponsored the Heritage Protection Act to preserve statues and other artifacts associated with the Confederacy. Longtime House member and Speaker Beth CURRIE Harwell (R) is also leaving to pursue the office of governor.

Missouri Representative Elijah Haahr (R) was elected by his GOP colleagues to succeed Todd Richardson Illinois House Majority Leader Barbara Flynn Currie (R) as speaker in 2019, when term limits end Richardson’s (D) is retiring after 40 years in the legislature. Elected Florida Senator Bill Galvano (R) will wield the gavel GALVANO House service. Haahr, 35, is currently speaker pro tem. He in 1978, Currie became the state’s first female majority as Senate president in 2018. The Republican caucus was first elected in 2012. leader in 1998, a post she’s held for 20 years. Currie is named him Senate-president-designate in late October. the latest member to join an exodus from the Illinois He will replace Senator Joe Negron, who is term-limited. legislature that includes 10 other House Democrats, 11 Galvano was elected in 2012 and chairs the Senate Higher House Republicans, three Senate Republicans and three Education Appropriations Subcommittee. Senate Democrats—28 in all—so far.

STATE LEGISLATURES 9 DECEMBER 2017 IMMIGRATION

Where From? Coming to More than half of current immigrants come from South and East Asia or America Mexico.

iven the persistent focus on illegal Beyond the immigration in the public dialogue, border battles, it may be surprising to learn that Gmost immigrants come to the immigrants United States legally. They come to marry, to rejoin family and to work. Some come to seek continue to take haven from persecution or natural disasters. As the baby boomer generation retires at a South or East Asia (26.9 percent) the oath of rate of 10,000 workers a day, immigrants are Mexico (26.8 percent) also filling niches within the U.S. economy in Europe and Canada (13.5 percent) citizenship and both high- and low-wage jobs. the Caribbean (9.6 percent) integrate into They create small businesses for their fami- Central America (7.9 percent) lies in the restaurant and hospitality industries South America (6.7 percent) American life. and fill seasonal shortages in agriculture and the Middle East (4 percent) meatpacking, returning year after year. Some Sub-Saharan Africa (3.9 percent) help address the growing demands in areas such as health care. Source: Migration Policy Institute, 2017 And throughout U.S. history, politicians and citizens debate whether immigrants take BY ANN MORSE jobs away from Americans, lower wages and fail to adopt American values. Who is coming to America currently? What from a high of 12.2 million in 2007) have come role do they play in our economy and commu- here illegally or have overstayed their visas, nities? How are state lawmakers responding? with an estimated 300,000 to 400,000 illegal immigrants arriving and leaving each year. Who Are America’s Immigrants? They make up 3 percent of the U.S. popu- Each year, about a million immigrants lation. Most come from Mexico (56 percent), arrive here legally. In 2015, 679,000 of them Guatemala (7 percent), El Salvador (4 percent), were relatives of U.S. citizens, 144,000 gained Honduras (3 percent) and China (2 percent). permanent work visas, 70,000 were refugees, In 2015, most of the immigrants who and 47,000 received “diversity” visas because became permanent residents and received they were from countries with low emigration green cards were from Mexico, China, India, rates to the U.S. the Philippines and Cuba, while a majority of The 44.2 million foreign-born residents liv- the refugees accepted into the country were ing in the U.S. in fiscal year 2017 comprise 13.7 fleeing from Myanmar, Iraq, Somalia, Congo percent of the total population. About half, or and Bhutan. 20 million, have become naturalized citizens Finally, a substantial number of foreigners and make up 6 percent of the population. One- enter the United States with temporary visas to fourth, or 13.1 million, are legal noncitizens (4 study or work. About 3.7 million were admit- Ann Morse directs NCSL’s Immigrant percent of total population). ted in 2015 to work in areas such as agricultural Policy Project. About 11.1 million U.S. residents (down or seasonal work, or specialty occupations

DECEMBER 2017 10 STATE LEGISLATURES IMMIGRATION

unauthorized immigrants (who had lived in the U.S. since 2007, and who had no criminal record) to apply for temporary legal status. This protected them from being deported for two years and was renewable. It neither granted permanent legal immigration status nor offered a pathway to citizenship. Opponents criticize the program as an executive overreach into legislative authority since Obama implemented it without going through Congress. Earlier this year, 10 state attorneys general threatened to sue the Trump administration if the program was not terminated, which was countered by about 20 state attorneys general writing in support of it. In September, the U.S. Department of Homeland Security rescinded the DACA program with a six-month phaseout to allow Congress to act to save it. U.S. Attorney General Jeff Sessions argued the program has encouraged illegal immigration, denied jobs to hundreds of thousands of Americans and put our nation at risk for more crime. David Bier, an immigration policy analyst at the Cato Institute, agrees that the program was implemented wrongly, but argues in an article in The Washington Post that the administration’s “correct response, however—for economic reasons and security reasons, but above all for moral reasons—would have been to actively push for Congress to enact the program.” He such as high tech or health care. Another 2 debunks the arguments Sessions gave as million visas were issued to students. not based on the facts. “If we’re going to The Deferred Action for Childhood debate the merits of DACA, we should Who’s in Charge? Arrivals, or DACA program, was estab- know what we’re talking about,” he writes. The federal government determines how lished by the Obama administration in Bipartisan legislation entitled the Dream many immigrants are permitted to enter 2012. It has allowed around 800,000 young Act of 2017, has been introduced in both the United States and the conditions for their stay. But, in general, immigration How Many? policy, has evolved into a shared responsibility among local, state and federal gov- Immigrants comprise 13 percent of the total ernments. U.S. population. Since Congress passed the last major reform of legal and illegal immigration 30 Native Born U.S. Citizens 278.8 million 87% years ago, it has been unsuccessful in bring- Naturalized Citizens 20 million 6% Legal Noncitizens 13.1 million 4% ing the system up to date. In recent years, Unauthorized Immigrants 11.1 million 3% states and localities have taken on addi- U.S. Population 323 million tional responsibilities in both immigration enforcement and immigrant integration. Source: Migration Policy Institute, 2017

STATE LEGISLATURES 11 DECEMBER 2017 America’s Beer Distributors Fueling 135,000 Local Careers

America’s 3,000 independent beer distributors are supporting quality jobs, building brands, generating competition and delivering incredible consumer choice.

NCSL magazine ad 2017.indd 1 9/29/17 11:39 AM IMMIGRATION houses of Congress to enact DACA into law. Immigrants Become Lawmakers States Respond With Action After DACA’s implementation, state Minnesota Representative Ilhan Omar legislatures debated what government ser- Fleeing civil war, Minnesota Representative Ilhan Omar (D) and her family vices—in the areas of education, health, escaped Somalia and spent four years in a refugee camp in Kenya before human services and licensing—the pro- resettling in Minnesota. She became policy director at an organization to gram’s young recipients, as well as unau- encourage East African women to become civic leaders, and in 2016 ran for office herself, becoming the nation’s first Somali-American state legislator. thorized immigrants in general, should be She currently serves on the civil law, higher education, and government eligible to receive. Representative Ilhan Omar finance committees in the Minnesota House. All states now issue driver’s licenses to Minnesota She hopes to “make our democracy more vibrant, more inclusive, more DACA recipients. California, Colorado, accessible and transparent.” Connecticut, Delaware, Hawaii, Illinois, Maryland, New Mexico, Nevada, Utah, California Senator Janet Nguyen Vermont, Washington and the District of Born in Vietnam, California Senator Janet Nguyen (R) also passed through Columbia also issue licenses to unautho- refugee camps before settling in California in 1981. She served on the Garden rized immigrants if they provide certain Grove City Council and the Orange County Board of Supervisors before documentation. becoming the first Vietnamese-American to be elected to the California Twenty states offer in-state tuition to Senate in 2014. She serves on the health, governance and finance, human services and veterans committees. unauthorized immigrant students, 16 by Senator Janet Nguyen “Never in my entire life did I think I would become a state senator. It’s the state legislative action and four by state California coolest thing. That’s the American dream. That’s what America is about.” university systems action. Seven states and the District of Columbia offer state-funded financial aid to unauthorized immigrant “This [bill] will lead to an influx of quences of immigrants at the national and students. noncitizen students into our education state levels, using a snapshot of time from Alabama and South Carolina allow system,” Matheny said before the bill was 2011 to 2013. DACA recipients to enroll in public col- voted down in committee. “In synthesizing hundreds of studies, in leges and universities but prohibit undoc- Another area states have addressed is the long term, there is little negative impact umented students from doing so, and some professional licensing. Florida and Illinois of immigrants overall on wages or employ- institutions in Alabama allow DACA allow eligible DACA recipients to receive ment,” says The Urban Institute’s Kim recipients to receive in-state tuition rates. law licenses. The New York Board of Rueben, a participant in the NAS study. Tennessee Representative Regents allows eligible DACA recipients But in the short term,“There is some Mark White (R) introduced to receive professional licenses and some compelling evidence of impact on some a bill for the third year in teacher certifications. Nebraska issues cer- groups, like recent immigrants and those a row this year to allow tain professional and commercial licenses to without a high school degree who are at the in-state tuition rates to stu- eligible recipients. California allows unau- bottom of the wage scale,” she says. dents whose parents brought thorized immigrants to receive professional Other findings from the study include: them to the country illegally. Representative licenses if all other requirements are met. • First-generation immigrants cost more “It is a basic, Republican, Mark White than native-born residents, mainly at the Tennessee conservative position to sup- Immigrants’ Economic Impact state and local levels, in part due to the port a person who is willing In the public debates over who should costs of educating their children. When to get up every morning, go to work, go to be admitted to the U.S., some argue immi- these second-generation children grow up, school and better their lives. That is what grants take jobs away from Americans and however, they are among the strongest we have been about as a party all my life,” depress wages because they are willing to economic and fiscal contributors in the he says. work for less. They question whether immi- U.S. population, contributing more in Others, like White’s col- grants receive more in government services taxes than their parents or the native league Representative Judd than they pay for in taxes. population. Matheny (R), feel the coun- Studies show, however, that immigrants • Immigrants have higher representation try and the state of Tennes- pay their share of sales, property and income in certain occupations requiring high see have been “more than taxes and have positive effects on economic levels of education (science, technology, generous” in letting the stu- growth and business development. engineering and health). dents receive the same K-12 In 2016, the National Academies of Sci- • The children of immigrants working in Representative public education as native- Judd Matheny ences, Engineering and Medicine set out low-status jobs find substantially better born children. Tennessee to examine the fiscal and economic conse- paying jobs than their parents had.

STATE LEGISLATURES 13 DECEMBER 2017 PAGE 14

Ad IMMIGRATION

• Undocumented workers, as a group, tend to get low-paying jobs that don’t require certifications. “Immigrants arrive in their prime working years and help fill the jobs that Americans leave as they age out of the work force,” writes Rueben. “Skilled foreign-born workers boost innovation and productivity, hold more patents, and are more likely to start new businesses than native-born Americans.” Rueben goes on to say that government spending and revenues related to immigrants are roughly the same as for the native-born. Children cost more for education, workers pay more in taxes, and older people receive retirement benefits. Looking specifically at the refugee population, a new report from the National Bureau of Economic Research found that the longer refugees live in this country, the better their economic situation becomes. Refugees who arrived as adults (18 to 45 years old) contributed, on average, $21,000 more in taxes than they received in benefits And finally, the study found first-genera- laws and 195 resolutions on immigration, after 20 years in the U.S. tion immigrant communities to have lower almost twice as many as in 2016. rates of crime and violence than compa- Many of the laws are budget related, but Do Immigrants Become Americans? rable nonimmigrant neighborhoods. But the rest address all kinds of areas. Exam- How well do immigrants successfully in the second and third generations, crime ples range from requiring employers to use integrate into the nation’s social, eco- rates increase and resemble those of the the federal E-Verify internet-based system nomic and civic life? Do they learn English, general population. to validate new hires to authorizing a seal become self-sufficient and adopt American of bi-literacy on high school diplomas. values? Steps to a Solution State lawmakers are also assessing their Another National Academies of Sci- While the federal government has been role in immigration enforcement, debating ences study, completed in 2015, found that stalled on immigration reform, state legis- sanctuary policies that limit cooperation the level of educational attainment, English latures across the country have continued to with federal immigration ability and income improved the more immi- work on local immigration challenges and authorities and detainer pol- grants were integrated into American life. solutions. icies that help identify poten- The study found that today’s immi- “States are coming up with innovative tially deportable people. grants appear to be learning English as fast ways to address immigra- “You’re seeing this state or faster than earlier waves of immigrants. tion issues—in education, legislation come up because In general, immigrants’ incomes improved health care, and economic the feds haven’t fixed the Senator the longer they lived in the United States, development—that the fed- issue, so states are taking the Mo Denis Nevada although more slowly for Hispanic immi- eral government seems to lead,” says Nevada Senator grants than for others. ignore,” says Florida Sena- Mo Denis (D).

Researchers also discovered that when tor René García (R). Senator Ultimately, however, immigration is immigrants arrive, they are less likely to die Each year, over the last Rene Garcia a national responsibility that requires a Florida from cardiovascular disease and cancer, and decade or so, state legisla- national solution. It’s time to align our eco- they have fewer chronic health conditions, tures have considered an nomic and security needs for the 21st cen- lower infant mortality and obesity rates, average of 1,300 bills and resolutions on tury. and a longer life expectancy than native- immigration and have enacted an average The good news is there are plenty of les- born Americans. Over time, however, as of 200 of them. sons and best practices that can be drawn they integrae into American life, these This year, lawmakers in 47 states and from state legislatures’ experiences to build advantages decline. the District of Columbia enacted 133 strong economies and safe communities.

STATE LEGISLATURES 15 DECEMBER 2017 STATELINE

1 Bump-Fire Stock Bans The man who fatally shot 58 people and injured hundreds more in Las Vegas had equipped at least a dozen of his 2Get It on Paper semi-automatic weapons with “bump-fire stock” modifications, which increase After federal officials the weapons’ rate of fire. The devices are legal throughout the United States under found that Russia federal law, though several states restrict their use. California and New York ban them. targeted voting systems Massachusetts, Michigan, Minnesota, New Jersey and Oregon prohibit devices that in 21 states during allow automatic fire or weapons that fire multiple rounds with a single, continuous the 2016 presidential trigger pull. In addition, seven states and the District of Columbia have assault election, some state weapons bans that could be interpreted to include bump stocks as well. and local election agencies are returning to paper ballots. Virginia election officials announced in September that they would stop using electronic voting 3Of Protests and Punishment machines, and Georgia launched a pilot program to use In one of the year’s more striking examples of state-level partisan division, Republican paper ballots. Security officials said that vote counting was legislators in 20 statehouses introduced—and six legislatures approved—new not affected during the election but warned the attacks restrictions on the right to assemble and protest, USA Today reports. Arkansas, for will continue. Iowa and Virginia passed bills this year to example, passed an “anti-loitering” bill. Oklahoma made certain types of trespassing require post-election audits comparing paper ballots punishable by up to 10 years in jail. In Minnesota, an attempt to stiffen penalties for with electronic votes. Several states considered similar actions already subject to fines, like blocking access to freeways or airports, was legislation. The aging of America’s electronic voting vetoed by the Democratic governor. Critics say the bills are intended to silence equipment only adds to the security woes. dissent; supporters say demonstrators who disrupt traffic, damage public property or risk public safety go too far.

5Towers of Power Environmentally friendly economic boosters or property-value killers— attitudes toward wind turbines blow hot and cold. When Indiana lawmakers heard 4Citizens’ Shopping Carts testimony on a bill You can buy shoes, food, music and tires online, so why not government services, to more tightly regulate the towering power like paying taxes, buying a fishing license or renewing a vehicle registration? Some generators, opponents said the machines technology officers envision one-stop, Amazon-like portals for all state services, hurt property values and that residents need Pew’s Stateline reports. Customers log on and create a profile that includes their more notice when a wind farm project is personal information and a credit card number. They can browse for services and being considered. Supporters cited wind’s cost pay in a single transaction, saving time and money. The idea lowers costs for states, effectiveness as a free, clean, renewable energy too, but it’s not without challenges, namely corralling the services of many agencies source. The legislation ultimately failed, but is on one site and protecting customers’ data. Michigan, Ohio and Utah are leading hardly gone with the wind. It could blow back again the way with pilot projects. as soon as January, when lawmakers reconvene.

DECEMBER 2017 16 STATE LEGISLATURES STATELINE

6Swans’ Role a Mute Point The large white-plumed mute swans gracing urban parks across the country look very much at home. But many wildlife biologists say the elegant birds must go, The Associated Press reports. Imported from Europe in the 1800s to embellish ponds in the Northeast, the swans have become 7 established in bays and lakes Abortion Ban Blocked in the Mid-Atlantic, the Great A federal judge permanently struck down parts of an Indiana law passed last Lakes region and the Pacific Northwest. year that would have banned certain abortions and added requirements to all Their aggressive behavior and unstoppable abortion cases. The law, which then-Governor Mike Pence (R) appetites often disturb local ecosystems, signed in April 2016, would have banned abortions displacing such native species as tundra sought because of a fetus’ genetic abnormalities, and trumpeter swans. Six states now have mute-swan- race, gender or ancestry; required that abortion removal policies ranging from shooting or gassing the 8 providers tell women that the state prohibits adults to shaking their eggs, which prevents them Off Label, Not Off Limits such abortions; and specified that aborted from hatching. This year, Arizona became the first state to let fetuses be buried or cremated. The drugmakers communicate directly with doctors judge found the three provisions to be and insurers about alternative uses of FDA-approved unconstitutional and in conflict with prescription drugs. Until recently, the FDA has not allowed rulings by other courts, including the manufacturers to promote so-called off-label uses— U.S. Supreme Court. Indiana Attorney though doctors may prescribe alternative uses. New FDA General Curtis Hill said he plans to Commissioner Scott Gottlieb supports loosening the rules appeal. and says the manufacturers are best qualified to inform others about their products. Critics say the risks of patients using drugs in untested ways are too great. Industry observers expect other states to consider bills similar to Arizona’s.

10Marijuana and Fatal Crashes The number of drivers involved in fatal crashes in Colorado who tested positive for marijuana jumped 145 percent—from 47 in 2013 to 115 in 2016. The Denver Post reports that the trend coincides with the state’s legalization of recreational marijuana, beginning with adult 9Sanctuary State Laws use in late 2012, followed by sales in 2014. Transportation and In the hours before ending their 2017 session, California public safety officials, however, say the increase in fatalities lawmakers passed the nation’s most far-reaching sanctuary cannot be linked with certainty to legalized marijuana. state law. It limits who state and local law enforcement Other findings: More drivers in fatal crashes are testing agencies can hold, question and transfer at the request positive for marijuana and nothing of federal immigration authorities, the Los Angeles Times else (52 percent in 2014, reports. The legislation was opposed by Republican sheriffs, 69 percent in 2016). The and the final vote in the Senate was along party lines. average age of drivers in Democrats viewed the bill as a way to shield the 2.3 million deadly crashes in 2015 who immigrants living illegally in the state. In Illinois, the Trust Act, tested positive was about signed this summer, also shores up immigration protections 35; a quarter were statewide. over 40.

STATE LEGISLATURES 17 DECEMBER 2017 NCSL Legislative Staff Week Dec. 4–8, 2017

egislative staff—the defenders of the institution, the guardians of the legislative process, the “Access to NCSL’s backstage stalwarts who keep democracy rolling—seldom get the attention they deserve. subject matter Many staff like it that way. But NCSL knows how vital they are to every state legislature. So experts has boosted L we’ve designated the first week of December as LEGISLATIVE STAFF WEEK. We celebrate your my confidence and contributions, appreciate your hard work and encourage each one of you to get involved in NCSL. makes me look We are your organization, too. Enjoy these stories about legislative staff, and look for more on NCSL’s smart!” website, blog, social media pages, and the Our American States podcast.

LORE CHRISTOPHER, DIRECTOR OF HUMAN RESOURCES, NCSL and Legislative Staff: A Winning Team “Great!” Burciaga responded. Boring! he OREGON Raúl Burciaga, NCSL’s thought. Little did he know then that he would immediate past staff chair, jokes become that agency’s director, a position he still that when he was 3 or 4 years holds today—with more enthusiasm, of course. old he dreamed of one day As seasoned legislative staffers, these NCSL “I’ve had the being a legislative staffer. After leaders know the value the organization offers opportunity to all, what kid doesn’t? Of course, legislative staff through its various services. BURCIAGA connect with peers the truth is few adults, let alone • A network of policy experts and a database full from all over the children, are even aware there are people working of state policy research–available 24/7. country through hard behind the scenes to do research, revise • Enriching annual professional development NCSL. This has codes, create civic education programs, ensure that seminars for each of NCSL’s staff professional allowed me access websites and computer networks run smoothly— organizations. to knowledge and or any of the myriad other tasks staffers perform • Engaging webinars that share innovative ideas information that to keep the wheels of state government turning. and best practices designed specifically for staff. has greatly helped Chuck Truesdell, fiscal analyst • The Legislative Staff Management Institute–the me succeed in my with Kentucky’s Legislative pre-eminent professional development seminar legislative career.” Research Commission and for legislative staff. current NCSL staff chair, can • State Legislatures magazine which showcases JOEL REDDING, CHIEF INFORMATION OFFICER, relate. He quips, “My parents still legislative staff to a national audience. KENTUCKY think I work for the governor.” TRUESDELL Burciaga was in law school NCSL has a lot more to do with and for in his 40s when he asked a fellow student who legislative staff, and has many new things planned worked in New Mexico’s Legislative Council Service for 2018. Burciaga and Truesdell invite you to get what he actually did. “Well,” the friend said, “we involved. NCSL is your organization. Make it work draft legislation and staff interim committees.” for you!

“NCSL offers excellent research support and great opportunities for professional development. I am able to do a better job because of NCSL’s support.”

JULIA COVINGTON, REFERENCE LIBRARIAN, NORTH CAROLINA

Legislative librarians pose for a photo at the Montana Capitol.

DECEMBER 2017 18 STATE LEGISLATURES STAFF WEEK: TOOLBOX The Making of a Manager

Top legislative he bad boss—we’ve all had one. Good ones, too, one hopes. There’s bosses have no question that the culture of state T legislative agencies (all organizations, mastered these for that matter) is defined by the behavior of their managers. Unfortunately, too few legisla- essential traits. tive managers focus on their management roles and responsibilities, instead sticking to the specialization, knowledge and skills they mastered on their way up the career ladder. And too few legislative staff groups recognize, train BY BRIAN WEBERG and promote staff based on their abilities to be good managers. NCSL has studied the role of staff in many states and conducted numerous workshops on manager performance. The patterns are clear, and the consequences are real. When staff Much of the communication deficit appears groups ignore the critical need to promote and to be rooted in the adage that “information reward good managers, they become vulnera- is power” and in similarly outdated “need to ble to legislators’ dissatisfaction with their ser- know” and “in the loop” notions about infor- vices, higher employee turnover and a decline mation ownership, hierarchy and distribution. in overall effectiveness. Communication is an everyday job, with many “Replacing a boss who is in the lower 10th nuances requiring skill and practice to perfect. percentile of boss quality with one who is at the Great communicators: 90th percentile increases a team’s total output Focus on key messages. Effective managers by about the same amount as would adding are selective in what they communicate. They one worker to a nine-member team,” write don’t spam employees with repetitious emails, the authors of the 2014 paper “The Value of announcements and content that is not central Bosses.” And numerous national surveys and to the work and goals of the group. Instead, studies, from the Gallup Poll to the Society for they focus on what is meaningful and import- Human Resource Management, agree: The top ant for their employees to know to succeed. reason employees quit their jobs is dissatisfac- When managers ensure their employees know tion with their bosses, not their paychecks. all they need to know about their work and Here are six vital traits great managers share. workplace, everyone benefits. Make it personal. No amount of email, Great Communication Skills memoranda or forms can substitute for face time between managers and their employees. “Communication is the act of Managers who are accessible and who make the recipient.” time for conversations about goals, performance, problem solving or brainstorming fos- Peter Drucker, author and management guru ter trust and engagement with employees and within their organizations. Legislative staff want and need communica- Listen intently. Employees want to know tion with their managers that is clearly articu- their manager is not just hearing words, but lated, rich in content and relevant to the work. is really listening to the message. Validation is Legislative librarians pose for a photo at Brian Weberg is the director of NCSL’s Center In too many legislative workplaces, managers crucial to keeping employees engaged. “Active the Montana Capitol. for Legislative Strengthening. fall short. listening” helps all parties leave a conversation

STATE LEGISLATURES 19 DECEMBER 2017 STAFF WEEK: TOOLBOX believing they’ve been heard. In “The 7 Habits of Highly Effective Peo- “In the places I go there are things that I see ple,” Stephen Covey writes that managers should “seek first to under- That I never could spell if I stopped with the Z.” stand, then to be understood.” That begins with listening. Theodor Geisel’s book “On Beyond Zebra,” published Professionalism in 1955, was a call to kids (and adults) to explore ideas and possibilities beyond the boundaries of traditional thought “Professional is not a label you give yourself—it’s a and practice. Geisel, better known as Dr. Seuss, was decades description you hope others will apply to you.” ahead of his time and popularized the notion that important discoveries were waiting for those who dared to break the David Maister, author and management expert rules. If an organization values professionalism, its managers need to Today’s research on effective management is moving us “beyond zebra” and into fascinating new fields connected to reflect that in everything they do. For most organizations, professional- discoveries in brain science and the keys to human motivation. ism means observing shared principles of excellence, integrity, decorum Two authors stand out in this area and deserve the attention of and respect for employees. In state legislatures, it also means showing those who aspire to be great managers. respect for the legislative institution. In his book “Drive,” Dan Pink summarizes studies on human Most legislative staff groups have policies and norms that define motivation that turn traditional concepts of rewards and what “professionalism” means. Professional conduct may connect to performance upside down. His work shows that for today’s ethics, language, interpersonal conduct and appearance. Whatever knowledge workers (including most legislative employees), these norms may be, managers are the standard-bearers for profession- the old “carrots and sticks” formula simply doesn’t motivate. alism. As the saying goes, managers must “walk the talk” about values. Instead, the more intrinsic concepts of autonomy, mastery Professional managers stay above the fray and through their actions and purpose appear to be much more potent predictors of demonstrate a fair, open and balanced approach to workplace issues employee engagement and performance. Pink defines these performance drivers like this: and challenges. Autonomy — the desire to be self-directed When managers violate key values of professionalism, they diminish Mastery — the urge to get better at things their effectiveness, threaten employee engagement and morale, and tar- Purpose — the desire to contribute to something nish the image of their work group. important

Consistency Managers who build workplace cultures of fairness and opportunity can leap forward from that foundation to address “Employees, like customers, respond best when Pink’s formula for enhanced productivity and employee management acts in a predictable, engagement. not capricious, manner.” David Rock’s research and writing follow similar themes. His SCARF model includes “five domains [that] activate Victor Lipman, Forbes Magazine either the ‘primary reward’ or ‘primary threat’ circuitry (and associated networks) of the brain.” Rock argues that awareness Legislative work sometimes can be chaotic and often is filled with of these domains, if applied to the manager-employee uncertainty. In this environment, a manager’s consistent behavior helps relationship (or any relationship), can have a profound impact employees navigate each day and every challenge. Employees know that on behavior and performance. The five domains are: important underlying assumptions about their work are solid and that Status — relative importance to others their manager’s support is steady. Certainty — being able to predict the future Autonomy — a sense of control over events Relatedness — a sense of safety with others Fairness — a perception of fair exchanges between people

Employees who sense that management decisions, behaviors and policies threaten them in any of these five domains are more likely to drop out, underperform or struggle. If they feel supported in these areas, however, they are more likely to achieve new levels of engagement and productivity. “The SCARF model points to more creative ways of motivating that may not just be cheaper, but also stronger and more sustainable,” Rock writes. Note the parallels between Rock’s and Pink’s models. Their research suggests that traditional top-down, control- and-command management styles might be demotivating for today’s knowledge workers.

DECEMBER 2017 20 STATE LEGISLATURES STAFF WEEK: TOOLBOX

Plenty to Read workplace. Tom Peters, author of “In Search become leaders. Through their behaviors The literature on management is rich of Excellence” (cited by some as the best (not just their words), they define the office with lessons and examples that expand business book of all time), called it “manage- culture and set expectations about how on the summary presented in this article. ment by walking around.” Great managers to weather the tough moments and work Here are some classics that should be on know what’s going on with their employees. together to solve problems. every manager’s reading list: They also have a sense of the big picture. In Managers who keep their cool recognize Drive: The Surprising Truth About What Motivates Us, Daniel H. Pink, 2011 the case of state legislatures, great managers the power of their emotions and have learned First Break all the Rules: What the are politically astute and in the know about to keep them in check. They may count to World’s Greatest Managers Do trends and issues that may affect their office 10 or take five deep breaths or practice yoga Differently, Gallup Press, 2016 edition and staff. or meditation, but by whatever means, they Good to Great: Why Some Companies Great managers don’t barricade them- have learned to stop themselves before they Make the Leap … and Others Don’t, selves in their offices, emerging only for food blow up. They recognize that moments of Jim Collins, 2001 or to use the facilities. An approachable stress are opportunities to reinforce work- In Search of Excellence: Lessons From manager has an open-door policy and a rep- place values and demonstrate standards of America’s Best Run Companies, Tom utation for being a good listener, having a behavior for the entire team. Peters, 2006 edition calm voice and engaging with employees in Management: Tasks, Responsibilities an authentic and consistent manner. Good and Practices, Peter Drucker, 1974 Self-Awareness On Beyond Zebra, Dr. Seuss, 1955 managers take a real interest in the lives of SCARF: A Brain-Based Model for their employees, and get to know their staff “Becoming a truly effective Collaborating and Influencing to understand them on a more personal level. manager requires a great deal Others, David Rock, NeuroLeadership of self-reflection, observation Journal, 2008 Composure and growth.” The 7 Habits of Highly Effective Jennifer Stine, management consultant People: Powerful Lessons in Personal “Composure is a behavior that and educator Change, Stephen R. Covey, 2013 people respond to instantly.” edition Along with our strengths, we all have The New One Minute Manager, Ken David Spungin, leadership consultant biases, preferences, emotional baggage and Blanchard, 2015 edition other traits that color the way we work, Great managers strive to be consistent make decisions and interact with others. in everything they do as communicators, When managers become more aware of planners and motivators, and as enforcers how their personality traits, experiences of office rules and policies. Consistency and biases affect their decision-making and and fairness are different things, but when their approach to people and work, they managers are consistently fair with employ- take a giant leap toward becoming great ees, they build trust and foster employee leaders. engagement—key goals for every manager. When employees develop similar awareness, a new dynamic is possible for under- Approachability standing and solving problems and for appreciating the contributions of everyone “Being unapproachable, prickly on the team. or guarded shuts people up Most of us have worked for a boss, or The Myers-Briggs Type Indicator, and shuts them down, cutting have witnessed one, who lost his or her cool Strengthsfinder, professional coaching off information flow and when the going got tough or when caught and similar tools help managers and teams collaboration vital for a off guard. If it was an isolated event, we enhance self-awareness and discover new team to do its best work.” probably let it go. But when managers rou- ways to communicate; they can promote tinely blow up under stress, employees lose understanding and diminish the tendency David Peck, executive coach confidence in them. Volatile managers can to make things personal. leave employees feeling insecure about their Managers who spend time developing Approachable bosses build trust and jobs and disengaged from the mission of the self-awareness make an investment that develop positive relationships so that employ- work group or office. can pay off for everyone. If they embrace ees feel comfortable bringing them ideas and Managers who are consistently calm the values, practices and behaviors outlined solutions, or seeking encouragement when under pressure send a different signal. They above, they’re bound for greatness in their their work is challenging. Accessible manag- instill confidence, trust and loyalty among roles, and their workplaces are destined to ers are routinely present at their employees’ their employees. This is where managers be the best they can be.

STATE LEGISLATURES 21 DECEMBER 2017 STAFF WEEK: WHAT STAFF KNOW 5 Things Committee Staff Want You to Know

BY KAE WARNOCK

n the fast-paced environment of the legislature, committee staff are a bit What Is RELACS? like stage managers in the theater, The Research, Editorial, Legal and Iworking behind the scenes to keep Committee Staff professional association, everyone on task and on message. known as RELACS, is dedicated to Legislative committees perform two fostering professional development and vital functions: They conduct hearings communication among legislative staff where bills are debated and fine-tuned who provide research, editing, legal before they go to the full body, and they services, committee staffing, bill drafting, provide a forum for citizens to voice con- code revision, administrative rules review cerns regarding legislation. and compilation, policy analysis and Committee staff make certain that the constituent services. If you work in one of these areas, you chair has what he or she needs to hold are automatically a member. hearings, that committee members know Learn more at ncsl.org/relacs. what’s coming next and that witnesses are ready to speak.  2  Although committee staff roles differ We Help the Chair Run the Meeting. by state, all staff strive to ensure that the We support the work of the chair.  4  chair and the committee members are pre- To ensure the chair is the expert on the We Support the Committee. pared to examine the issues. What does it committee, we do thorough research and We know what it takes to run a com- take to do the job effectively? Here’s what provide concise information on the subject mittee smoothly. We make sure commit- committee staff want you to know. matter at hand. We help the chair set the tee members have the information they agenda, deliver bills and amendments, and need to ask the right questions and get to  1  write the committee report. We also assist the heart of the issues. We work hard to We Conduct Thoughtful Analysis. the chair with parliamentary questions. ensure that committees receive the best We provide objective and thorough data, meet their deadlines and report analysis of bills. We gather detailed back-  3  action on bills accurately. Our role is to be ground material and summarize it for We Provide Meaningful Testimony. problem solvers for the committee. lawmakers, always striving to give all the We are experts in the policy area under various perspectives. We advise the chair on the committee’s jurisdiction. And, we  5  where there are areas of consensus. We also know who to bring to the discussion to We Know the Rules. research existing laws to help understand help the chair allocate time wisely and We rarely opine about them in public, the possible effects and unintended con- manage testimony fairly, even when ten- but we know the rules and the process sequences lurking within newly proposed sions run high. We know the lay of the well. This ensures that meetings are con- legislation. We aren’t psychics, but we try land—and where the land mines are bur- ducted openly and that committees use to prepare members for potential problems ied! We can line up the needed testimony their investigative powers properly. We that may arise during public meetings that and brief witnesses so that their statements prefer to work with chairs and members could derail a meeting or cause controversy. are timely and relevant. Working under individually to understand what they want the direction of the chair, we help ensure to accomplish, before giving them advice. Kae Warnock is NCSL’s staff liaison to the Research, that the testimony given is not “stacked” Some of us even write scripts for commit- Editorial, Legal and Committee Staff professional and that all sides of an issue are heard. tee members who are unfamiliar with the association. rules of order used to conduct meetings.

DECEMBER 2017 22 STATE LEGISLATURES STAFF WEEK: LEGISLATURES It’s Time to Meet If walls could talk, those that house legislative committees might have a lot to say. BY KAE WARNOCK AND BRENDA ERICKSON

he use of committees in American state legislatures had a slow start. Standing committees, as we know T them today, were rare in the col- onies. Massachusetts had one. Delaware, Georgia and New York each had two. Only Virginia had a whole system of six committees in place by the time of the American Revolution—a fact well known to the man who conceived the state capitol’s design. “The system became so central to the legislative process that when Thomas Jefferson sketched plans for a new capitol building in 1776, he designed separate rooms for each of the six standing committees,” writes his- The renovated Michigan Senate Appropriations Committee room was once the Old Supreme torian Mark Wenger in the Virginia Maga- Court Chamber. zine of History and Biography, the quarterly journal of the Virginia Historical Society. technology (like they have in Alaska and from capitol renovations that beautifully Legislatures have come a long way since Nevada), AV systems, adequate public seat- reflect the décor and style of the historic then, as standing committees are now cen- ing, lines of sight, a quality PA system and buildings they occupy. Some rooms even tral to the lawmaking process. Today, some location are all factors that make up having have a special history. states use many (55 in the Illinois House), an optimum legislative committee room and The current Michigan Senate Appro- while others get by with just a few (six in therefore an optimum legislative committee priations Committee room, for example, the Maryland Senate). meeting. Location matters—in real estate was once the Old Supreme Court Cham- “Every legislative house should have and in legislatures.” ber, where the justices ruled in the famous enough committees to enable it to develop Kalamazoo School Case of 1874 that taxes some expertise in different subject areas, and As Varied as Legislative Chambers could be collected to pay for public high to examine individual proposals in detail,” “While legislative chambers tend to be schools. The ruling had a ripple effect that the Citizen Conference on State Legislatures magnificent halls, legislative committee profoundly changed American education. stated in 1971, “but it should not have so rooms favor functionality over opulence. And in Wyoming, legislative committees many committees that it becomes difficult The very setup of the room helps set the will soon be meeting in a renovated area or impossible to relate different bills and tone for the meeting,” says Scott Maddrea, that was originally the Territorial House proposals to one another, and to consider deputy clerk of committee operations for the Chamber in which the state constitutional them in terms of a single, unified policy.” Virginia House of Delegates, who has done convention and significant suffrage debates States use committees to streamline the extensive work on the history of committees. took place. It’s a grand two-story room with process. It’s where the public “has its say” “We have large committee rooms with stained-glass laylight ceiling panels and a and where the committee, with everyone in elevated daises that set a tone of formality chandelier. the room, hashes out the details. As Bry- that can be intimidating and adversarial,” Our state capitols and legislative buildings ant R. Howe, deputy director of the Utah he says. “I have seen freshman members are national treasures. But what they house is Office of Legislative Research and General get light-headed and weak in the knees the even more important: democracy in action. Counsel, puts it: “Size, setting, lighting, lay- first time they present a bill.” The state also When making laws becomes rather ugly, out, technology, ADA access, remote access has smaller rooms with oblong tables that legislators might benefit from pausing long convey a spirit of cooperation, and a moder- enough to look around. They might see some Kae Warnock and Brenda Erickson cover legislative ately sized room with a U-shaped dais that beautiful reminders of what the Founding management issues in NCSL’s Legislative Staff Services strikes a balance somewhere in between. Fathers had in mind and how far this experi- Program. Many committee rooms have benefitted ment with democracy has come.

STATE LEGISLATURES 23 DECEMBER 2017 ALCOHOL Cut, Color and Chardonnay?

“These businesses—many of “There are no more whom are small, mom-and- stupid laws than the pop shops—want to make sure ones that date back to their customers thoroughly prohibition.” enjoy their visit.”

—SENATOR DIANE SAVINO, NEW YORK —SENATOR SCOTT WILK, CALIFORNIA

Some believe n any Sunday afternoon during ditional food-and-beverage and sports industries football season, it’s a sure bet that to sell or serve alcohol—places like movie the- a merlot and a a fair number of adults attending aters, hair salons, spa resorts and art galleries. Oprofessional games will buy and For movie theaters, the hope is that alcohol massage go as well consume a beer or two or three while at the will turn the tide of flat or declining attendance. stadium. Every National Football League Along with alcohol sales, theater owners have together as a beer stadium is licensed to sell alcohol. Millions turned to reserved stadium seating with reclin- and a football game. more fans watch the games at home or at ing seats to entice people to leave the comfort one of the thousands of bars, restaurants or of homes equipped with on-demand Netflix and brewpubs licensed to sell alcohol as well. cozy couches for a few hours at the movies. In fact, going to restaurants and bars to AMC Theatres, the largest U.S. movie watch football is about as popular as attending chain, has even partnered with Hollywood film the games in person, according to BeerBoard, a studios to create themed drinks, which recently BY HEATHER company that monitors more than 50,000 draft included a Fifty Shades cocktail during the MORTON beer lines at licensed locations. During the first showing of “Fifty Shades Darker,” and a con- Sunday of the 2017 NFL season, BeerBoard coction called the Pennywise, inspired by this reported that total beer consumption nation- fall’s thriller “It.” wide rose 36.6 percent from the week before. More than 30 states and local governments The alcoholic beverage industry is on a win- now allow movie theaters to sell alcohol through ning streak. Where and when you can sip a shi- stand-alone bars or full-service restaurants. raz or down a pale ale is expanding way beyond Delaware, for example, licenses theater the local pub. An economic impact study for operators to serve drinks within the theater or the American Beverage Licensees, a trade asso- where movies are being shown. But, to obtain a ciation representing U.S. beer, wine and spir- license, an operator must: its retailers, found that the industry generated • Sell the alcoholic drinks at a bar or location $295.4 billion in total economic activity in 2016, separated from other food and drinks. paid $25.3 billion in federal taxes, supported • Limit sales to only one alcoholic beverage 1.94 million jobs directly and contributed to at a time per age-verified customer, up to two another 4.27 million jobs indirectly. total per patron per movie. • Install video cameras in every auditorium Widening the Watering Hole to supervise patrons from a central location While drinking alcohol at a football game during movie showings. may not be unusual, drinking in some other • Require employees to attend an alcohol Heather Morton tracks alcohol issues for places is, or at least was, until recently. States service training program. NCSL. have begun licensing businesses outside the tra- • Have a trained employee walk through

DECEMBER 2017 24 STATE LEGISLATURES ALCOHOL

the theater auditorium during each movie Licenses will be awarded beginning Oct. is an experience. It is not uncommon for showing. 1, 2018; until then, movie theaters can sell a customer to be offered a In New York, all Broadway theaters only low-alcohol beer. Getting licensed will glass of wine or a beer,” says may sell alcoholic beverages, but when it require theater operators to check patrons’ Senator Scott Wilk (R), who comes to movie theaters, only dine-in ones ages and identify those who may consume was an assemblyman at the qualify, if they have a kitchen and a chef alcohol with a wristband or hand stamp. time he co-sponsored the bill. serving meals. During the 2017 legislative This requirement applies only to theaters “These businesses—many of session, lawmakers debated bills to help the where children under the legal drinking age whom are small, mom-and- Senator craft beverage industry and small indepen- are allowed in. pop shops—want to make Scott Wilk California dent movie theaters by allowing the State sure their customers thor- Liquor Authority to issue beer and wine A Snip and a Sip oughly enjoy their visit. AB 1322 limits the licenses to all movie theaters. Movie theaters are not the only busi- offering to one beverage to ensure the safety “There are no more stupid nesses looking to expand into alcohol ser- of both the patron and other customers.” laws than the ones that date vice. Many beauty salons and spas like to Many of these businesses already had back to prohibition,” Senate serve their clients a glass of wine or a mug been serving complimentary alcohol believ- bill sponsor Diane Savino (D) of beer during a haircut or other beauty ing that, since it was free, they didn’t need a told the Legislative Gazette. treatment. Legislatures in seven states— license. But, technically, it was illegal. “The “You can go into a live the- California, Maryland, Mississippi, Utah, regulations say unless you ater and buy a drink, but you Virginia, Washington and West Virginia— charge for the beverage and Senator can’t buy a drink in a movie Diane Savino have passed bills authorizing salons, bar- you are fully licensed, you theater. This has to change.” New York bershops and spas to serve alcohol. may not serve,” Assembly- Critics expressed concern California’s law, passed in 2016, stip- man Tom Daly (D), Wilk’s that allowing alcohol into movie theaters ulates that beauty salons or barbershops co-sponsor, told ABC News. could result in drunken movie patrons and (and limousine and hot air balloon opera- “So, there’s a gray area in the Assemblyman make it easier for adults to buy alcohol tors) may serve alcohol without obtaining a law, and the law needs to be Tom Daly California on behalf of minors. New York Assem- license or permit if: modernized.” bly Speaker Carl Heastie (D) announced • The salon or shop serves no more than Critics worry that not in June that the Assembly would not sup- 12 ounces of beer or six ounces of wine to requiring all businesses to get a license port the bills because of his concerns about each customer. will lead to more alcohol-related prob- children sitting next to people consuming • The drink is free and served during lems. “We are outraged that the Leg- alcohol. business hours and no later than 10 p.m. islature and governor ... have failed to Movie theater owners in Oklahoma • The salon or shop is in good standing regulate alcohol consumption at 42,000 fared better. They have more than a year to with the state Board of Barbering and beauty salons and barbershops,” says prepare before a law goes into effect allow- Cosmetology. Richard Zaldivar, co-chair of the Cali- ing them to sell cocktails, wine and beer. “Going to the barber or the beauty salon fornia Alcohol Policy Alliance. The orga-

STATE LEGISLATURES 25 DECEMBER 2017 EACH DAY ARTS, COMMUNITY, BUSINESS, EACHPHILANTHROPIC, DAY ARTS, COMMUNITY, AND ELECTED BUSINESS, LEADERS PHILANTHROPIC,ARE TRANSFORMING AMERICA’S AND COMMUNITIES ELECTED THROUGH LEADERS THE ARTS. ARE TRANSFORMING AMERICA’S COMMUNITIES THROUGH THE ARTS. 2017 NATIONAL ARTS AWARDS – Honoring the Philanthropic Community, Arts Leadership, and Artists 2017 NATIONAL ARTS AWARDS – Honoring the Philanthropic Community, Arts Leadership, and Artists

Clive Davis Andra Day Thelma Golden William Lehr Jr. Gael Neeson and Stefan Edlis Studio in a School Association Carolyn Clark Powers Ted Arison Young Artist Award Outstanding Contributions Legacy Award Philanthropy in the Arts Award Arts Education Award Lifetime CliveAchievement Davis Award Andra Day toThelma the Arts Golden Award William Lehr Jr. Gael Neeson and Stefan Edlis Studio in a School Association Carolyn Clark Powers Ted Arison Young Artist Award Outstanding Contributions Legacy Award Philanthropy in the Arts Award Arts Education Award 2017Lifetime BUSINESS Achievement COMMITTEE Award FOR THE ARTS BCA 10 AWARDS – Honoringto the Arts the Award Business Community 2017 BUSINESS COMMITTEE FOR THE ARTS BCA 10 AWARDS – Honoring the Business Community

21c Museum Hotels Cardinal Health Guitar Center Inc. Halekulani Corporation Houston Methodist Humana Inc. 21c Museum Hotels Cardinal Health Guitar Center Inc. Halekulani Corporation Houston Methodist Humana Inc.

Kaiser Permanente Colorado Lincoln Financial Group Raymond J. McGuire, Magic Hat Brewing Company The Betsy-South Beach UNIQLO and Global Head of Corporate The Museum of Modern Art Kaiser Permanente Colorado Lincoln Financial Group & InvestmentRaymond J. Banking, McGuire, Citi Magic Hat Brewing Company The Betsy-South Beach BCA pARTnershipUNIQLO and AWARD GlobalBCA LeadershipHead of Corporate Award The Museum of Modern Art & Investment Banking, Citi BCA pARTnership AWARD 2017 ANNUAL LEADERSHIP AWARDS – Honoring Arts CommunityBCA Leaders Leadership and Award Tourism Partners 2017 ANNUAL LEADERSHIP AWARDS – Honoring Arts Community Leaders and Tourism Partners

John Schratwieser, Director Guillermina Gonzalez Cath Brunner Sarah Johnson Laura Zucker Kevin Seaman Executive Director Director of Public Art Director Former Executive Director Artist/Administrator Kent County Arts Council Laura Zucker John Schratwieser, Director DelawareGuillermina Arts Gonzalez Alliance Cath4Culture Brunner WeillSarah Music Johnson Institute Los Angeles County BringKevin Your Seaman Own Queer Alene Valkanas State Executive Director Director of Public Art Director Former Executive Director Artist/Administrator KentArts County Advocacy Arts Award Council Michael Newton Award for Public Art Network Award Arts Education Award Arts Commission American Express Alene Valkanas State DelawareInnovative Arts Arts Alliance and 4Culture Weill Music Institute SelinaLos Roberts Angeles Ottum County Award EmergingBring Your Leaders Own Queer Award Arts Advocacy Award MichaelBusiness Newton Partnerships Award for Public Art Network Award Arts Education Award forArts Arts Commission Leadership 1 American Express Innovative Arts and Selina Roberts Ottum Award Emerging Leaders Award 2017Business PUBLIC Partnerships LEADERSHIP IN THE ARTS AWARDS – Honoring Elected Officials and Artist Advocatesfor Arts Leadership1 2017 PUBLIC LEADERSHIP IN THE ARTS AWARDS – Honoring Elected Officials and Artist Advocates

RedCan Jam Oro Valley, AZ Mayor New York Governor Carver County, MN Commissioner Sen. Lisa Murkowski (R-AK) Louisiana Lt. Gov. Robert E. Gard Award Satish Hiremath Andrew Cuomo Randy Maluchnik National Award for Buddy Nungesser for the ArtsRedCan in Community Jam Life PublicOro Leadership Valley, AZ inMayor the Arts Public LeadershipNew York Governorin the Arts Award CarverPublic County, Leadership MN Commissioner in the Arts CongressionalSen. Lisa Murkowski Arts Leadership (R-AK) 3 PublicLouisiana Leadership Lt. inGov. the Arts Robert E. Gard Award Award forSatish Local Hiremath Arts Leadership 3 for GovernorsAndrew Arts Cuomo Leadership 3 Award forRandy County Maluchnik Arts Leadership 4 National Award for Award forBuddy State Nungesser Arts Leadership 5 for the Arts in Community Life Public Leadership in the Arts Public Leadership in the Arts Award Public Leadership in the Arts Congressional Arts Leadership3 Public Leadership in the Arts Award for Local Arts Leadership3 for Governors Arts Leadership3 Award for County Arts Leadership4 Award for State Arts Leadership5 AMERICANS FOR THE ARTS THANKS AMERICANSALL WHO SUPPORT FOR THE THE ARTS ARTS THANKS AND ALLARTS WHO EDUCATION SUPPORT IN THE AMERICA. ARTS AND

Pitbull Boston, MA Mayor Founding Co-Chairs VISITARTS US ATEDUCATION WWW.AMERICANSFORTHEARTS.ORG IN AMERICA. 3 Citizen Artist Award Marty Walsh of the Pennsylvania Arts VISIT(1) presented US in conjunctionAT WWW.AMERICANSFORTHEARTS.ORG with National Endowment for the Arts. (2) Arts Destination Marketing Award, presented Pitbull PublicBoston, Leadership MA Mayor in the Arts Foundingand Culture Co-Chairs Caucus Citizen Artist Award3 Marty Walsh of the Pennsylvania Arts in conjunction with Destination Marketing Association International. (3) presented in conjunction with United States Award for Local Arts Leadership 3 Public Leadership in the Arts (1)Conference presented of Mayors.in conjunction (4) presented with National in conjunction Endowment with for National the Arts. Association (2) Arts Destination of Counties. Marketing (5) presented Award, in presented Public Leadership in the Arts Awardand for StateCulture Arts Caucus Leadership 6 inconjunction conjunction with with National Destination Lieutenant Marketing Governors Association Association. International. (6) presented (3) presented in conjunction in conjunction with National with United States Award for Local Arts Leadership3 Public Leadership in the Arts Conference of Mayors.State Legislatures. (4) presented in conjunction with National Association of Counties. (5) presented in 6 conjunction with National Lieutenant Governors Association. (6) presented in conjunction with National Award for State Arts Leadership Conference of State Legislatures. ALCOHOL nization estimates that the new law will Other Alcohol-Related Bills increase the number of venues allowed to serve alcohol by 41 percent. Besides adding to the list of places where you can drink, some state In addition, opponents point out that legislators are also changing the days and times when you can buy alcohol. the legislation makes no provision for age This year, Delaware allowed retailers who sell alcohol for off-premise requirements or responsible beverage service consumption to begin sales at 10 a.m. on Sundays, instead of noon. training for the staff pouring the alcohol. Minnesota authorized off-premise consumption sales on Sundays from 11 a.m. to 6 p.m. Before this year, the state prohibited Sunday sales altogether. In Virginia, lawmakers authorized alco- Representative hol licenses for commercial day spas that The effort to authorize Sunday sales was several years in the making: “I am Jenifer Loon excited that after four years of championing Sunday sales legislation, we are Minnesota offer licensed massage therapy, barbering finally changing an outdated law which has been in place since statehood,” or cosmetology services, allowing them to Representative Jenifer Loon (R), the chief author of the bill, said. serve no more than two five-ounce glasses The North Carolina General Assembly enacted the so-called “Brunch of wine or one 12-ounce glass of beer on a Bill.” Among other things, the bill allows local governments to adopt an complimentary basis. ordinance allowing for the sale of malt beverages, unfortified wine, fortified And in Utah, legislators approved sub- wine and mixed beverages beginning at 10 a.m. on Sundays, instead of licenses only for spas that are connected to noon. When the bill passed the Senate, Senator Bill Cook (R) questioned its potential public health impacts. “Will there be a downside?” he asked. “Will a resort that already has a license to serve Senator alcohol. there be more drunks? Will there be families ruined?” Bill Cook North Carolina Not all states have expanded access to alco- Not every bill related to sales times in the 2017 session was successful. hol, however. Arkansas specifically prohibits In California, Senator Scott Wiener (D) introduced a bill to allow local communities to extend alcohol service in bars, restaurants and clubs to massage therapists from serving alcoholic 4 a.m. “Nightlife is crucial to the economy and culture of many of our beverages at clinics or schools in rooms where cities, and we should be doing more to empower our communities to massage therapy is being performed, or in a support nightlife,” he said. “The LOCAL Act recognizes that cities like Los massage therapy school. And, when its licens- Angeles could benefit—if it chooses to do so—from developing a plan ing statute was enacted in 1999, Nebraska to expand nightlife in neighborhoods like downtown L.A. By taking this prohibited nail technology salons from know- nuanced approach to empower—but not require—local communities to Senator ingly permitting their employees or clients to extend alcohol sales hours, we can support nightlife in California while also Scott Wiener use, consume, serve or in any manner possess recognizing that there is not a one-size-fits-all solution for each and every Californiaa or distribute intoxicating beverages or con- city in our great state.” Opposed by some public safety advocates, who trolled substances on their premises. argued the bill could lead to more drunken driving and other alcohol-related problems, the bill was ultimately rejected. —Heather Morton New Kids on the Block Art galleries and studios in seven the owners of spas, art studios or galler- accounting for about a third of all motor states—Colorado, Maryland, Mississippi, ies, and cooking schools, allowing them to vehicle fatalities, according to the National Tennessee, Vermont, Virginia and Wash- serve complimentary wine by the glass only. Highway Traffic Safety Administration. ington—and the District of Columbia, are Tennessee’s statute allows art galleries “Americans recognize and agree that the newest businesses to receive legislative to serve complimentary wine if they receive when it comes to a unique product such as permission to serve alcohol. at least 90 percent of their revenue from the alcohol, regulation is vital, and they sup- In Maryland, legislators authorized art sale of artwork, and as long as they do not port the states’ ability to set their own laws gallery beer and wine licenses in Frederick also sell food or beverages. and regulations around alcohol,” Mike and Montgomery counties. In St. Mary’s Vermont lawmakers took a slightly dif- Lashbrook, executive director of the Cen- County, the legislation authorizes an “art ferent approach and authorized the state ter for Alcohol Policy, says. “Policymakers establishment” license, which it defines as Department of Liquor Control to grant per- need to stay focused on the public’s con- a for-profit retail business that either dis- mits for special events held in art galleries, cerns over alcohol misuse and demand for plays, sells or demonstrates original art by bookstores, public libraries or museums. responsible regulation.” an individual or a group, or instructs par- Legislators will continue to study ticipating clients in creating art. Serious About Oversight whether to increase the types of venues In Colorado, art galleries may obtain Americans may enjoy these additional where alcohol can be served. They are permits to serve complimentary alcoholic opportunities to imbibe, yet most believe looking at how to regulate businesses while beverages, if no more than 250 people are drunken driving and underage drinking protecting people’s right to choose where in the gallery at one time. The galleries may are still extremely or very serious problems, and when they drink, debating whether not charge an entrance fee or a cover charge according to a recent national survey by the the benefits to small businesses and tax in connection with serving the alcohol. Center for Alcohol Policy. Drinking and driv- revenue streams outweigh possible public Mississippi offers merchant permits to ing still kills thousands of people each year, health ramifications.

STATE LEGISLATURES 27 DECEMBER 2017 CLEAN ENERGY Keeping PACE

Increasing consumer alifornia is the founder of PACE and administrator slowly, over time, through an my own hometown, Berkeley, was assessment (or lien) on their property that is protections is where it was initiated,” says Sena- added to their tax bill. strengthening Ctor Nancy Skinner (D), referring to PACE programs are private-public partner- the Property Assessed Clean Energy financing ships: State legislatures must enact enabling a clean energy program, launched in 2008, which allows home- legislation, localities may choose whether to owners to pay for energy efficiency, renewable opt in (requiring them to collect payments), financing program energy or water conservation improvements and private-sector administrators finance and through an assessment on their manage the programs. for homeowners. property taxes. Residential PACE was a $2 billion invest- California has the largest ment in 2016. In a study that year of Califor- residential PACE, or R-PACE, nia’s R-PACE program, the average assess- market. “We’ve already empow- ment in the state was slightly more than ered more than 150,000 home- $20,000—a sizable improvement project for owners in California,” she says, many homeowners. BY JOCELYN Senator “which we’re very proud of.” Nancy Skinner According to publicly reported California DURKAY But, like most new programs, California data, the most common R-PACE assessment “Once it’s out in the field, you has a 20-year contract length with an average learn where it needs improvements.” So, after principal of $28,233, resulting in an average hearing consumer complaints about some annual payment of $2,720. Several concerns abuses in the program, California lawmakers have made their way to the California Legisla- recently made some changes. ture, however, since the program began almost a decade ago: deceptive contractors, unclear How It Works repayment terms, customers’ lack of under- Homeowners who want to make certain standing about PACE’s structure and cus- improvements—switching to an energy-saving tomers defaulting on their assessments. Even heating or cooling system, adding solar panels though the reports represented a small percent- to the roof or increasing the home’s resistance age of the projects, lawmakers took them seri- to storms or earthquakes—but who don’t have ously—and responded. the savings to pay for them all at once, can sign a PACE contract. With funding from the pri- Protecting Consumers Jocelyn Durkay is a senior policy specialist vate sector, PACE requires no down payment Last year, California became the first state in NCSL’s Environment, Energy and and pays the contractor in full when the work is to adopt comprehensive consumer protection Transportation Program. completed. The customers then repay a PACE legislation for R-PACE homeowners under a

DECEMBER 2017 28 STATE LEGISLATURES CLEAN ENERGY bill sponsored by Assembly- Housing Finance Agency advised mort- WHAT PACE PAYS FOR man Matthew Dababneh gage lenders in 2010 that it would not pur- (D). It mandates new disclo- chase or guarantee mortgages on proper- sure requirements modeled ties with existing PACE liens, creating a de after federal “Know Before facto requirement that any assessment be You Owe” mortgage dis- paid off before a sale. The decision threw a closure practices, including Assemblyman wrench into many state efforts, suspending giving customers three days Matthew or terminating several R-PACE programs. Dababneh to cancel from the time they California Today, only California, Florida and sign a PACE contract. It Missouri have active residential programs, also limits the methods and data contrac- although 22 states have passed enabling Energy efficiency upgrades: 58% tors that program administrators can use legislation. The picture for commercial Renewable energy installations: 37% to claim that an assessment will increase a PACE programs is quite different: 19 states Water efficiency upgrades: 4% property’s market value. and the District of Columbia have active In October, California Governor Jerry programs, according to the advocacy Source: PACENation, 2016 Brown (D) signed two PACE-related group PACENation. bills into law. One strengthens disclosure Florida and Missouri also have adopted stakeholders adopted industry standards requirements by adding a recorded oral consumer protections in statute. Florida, on consumer protections. The U.S. Depart- confirmation, extends the three-day cancel- like California, has limited the size of a ment of Energy’s best-practice guidelines lation period to all contractors (not just to PACE lien to a percentage of a property’s for R-PACE, released last year, contained PACE contracts) and prohibits kickbacks value and requires specific disclosure state- extensive protection recommendations. to contractors for PACE referrals. In addi- ments. Missouri legislators included pro- The Federal Housing Administration and tion, program administrators must report tections to ensure homeowners pay only the Veterans’ Administration adopted their twice a year on projects—including cus- for the costs listed in the PACE contract. own PACE guidelines. And this spring, tomers’ missed payments and defaults. State law also requires that final costs be federal legislation was introduced in Con- The second bill introduces the first state verified and that reports on assessments be gress to regulate the PACE industry. regulatory structure and ability-to-pay prepared annually. requirements in the country and provides Federal entities and industry also are Not Waiting on the Feds an enforcement mechanism to guarantee acting to protect consumers. In February, Some states, however, are not relying on consumer protections. a network of PACE administrators and federal entities to move ahead. “I think we “When I started reading reports of homeowner concerns, I wanted to make sure the Legislature effectively addressed the issue, ensuring that homeowners would be protected and putting to rest any concerns that discouraged people from par- ticipating in this program,” Dababneh, chair of the Committee on Banking and Finance, says. “California has engaged stakeholders who do not always see eye to eye, but all parties have come together to make consumer protection improvements in the PACE market a priority,” he says. “Local governments, PACE program administrators, environmental groups, banks, credit unions and real estate interests have all come to meet with me to discuss how we can protect homeowners.”

Overcoming Federal Lean on Liens Residential PACE programs encoun- tered a significant federal obstacle shortly after they began in 2008. The Federal

STATE LEGISLATURES 29 DECEMBER 2017 CLEAN ENERGY

WHICH PROJECTS QUALIFY As designated in statute, the following technologies are eligible for PACE financing in the three states with active residential programs:

California • electric vehicle charging infrastructure • energy efficiency • renewable energy • seismic strengthening • water efficiency

Florida • electric vehicle charging equipment • energy conservation and efficiency • renewable energy • wind resistance

Missouri states can do a fair job with- the chairs and ranking minority members • energy efficiency out federal intervention,” of the Legislature’s Energy and Consumer • renewable energy says Minnesota Senator Protection committees. Eric Pratt (R). “I think my role as a legislator is to Sources: California Constitution, Florida Several states with robust make sure that our state laws are a good Statutes and Missouri Revised Statutes commercial programs have balance between economic growth and Senator shifted their focus to devel- consumer protection,” Pratt says. He sits An emerging concern is whether the Eric Pratt oping options for homeown- on both committees. addition of a PACE lien increases the like- Minnesota ers. Minnesota, for exam- Pratt’s bill suspended R-PACE activity lihood a homeowner will miss a payment ple, has statutory language until additional consumer protection legis- or default altogether. Although a February authorizing both residential and commercial lation is enacted. “My hope is that Minne- report from the Kroll Bond Rating Agency PACE programs, but only commercial pro- sota comes out with a program that can be stated that delinquency rates were below grams are operating there now. As plans a model for other states to follow,” he says. 2 percent for homes with PACE liens, the developed for a new residential program, California Association of County Treasur- Pratt was aware of consumer protection The Road Ahead ers and Tax Collectors found that R-PACE concerns in other states. “All that troubled The last decade has proved that the default rates had increased in the last year. me and is why I wanted to get a task force design of state legislation significantly The data are incomplete, making it impos- together,” he says. influences the success of residential PACE sible to compare default rates of PACE He served as the lead in preparing the projects. Common components of effective users with those of homeowners statewide. legislation, which passed this year, creating legislation include a list of eligible improve- California enacted legislation this session a 16-member Residential PACE Consumer ments, cost-effectiveness requirements, that will better capture the data needed to Protection Legislation Task Force in the guidance on transferring projects in a sale make this assessment. state Commerce Department. The task and mortgage-holder notification. Residential PACE financing is a grow- force will develop recommendations to During foreclosure, any overdue portion ing opportunity, and legislatures are active address several consumer protection con- of a PACE assessment must be paid first, as in discussions about these innovative pro- cerns, including the transfers of homes with with all municipal assessments. Legislation grams. Both Dababneh and Skinner say PACE liens, customers’ ability to repay can address concerns with this process by they’ll continue to monitor PACE as it and special considerations for low-income, modifying that rule, which is called “lim- develops in California and respond to elderly or vulnerable homeowners. All ited subordination,” or by clarifying that a future concerns. recommendations and suggested legisla- new owner is not responsible for overdue As Dababneh says, “Strengthening con- tion for the residential program must be balances and assumes the remaining lien sumer protections through legislation is a detailed in a report due Jan. 15, 2018, to balance, called “non-acceleration.” win-win situation for everyone.”

DECEMBER 2017 30 STATE LEGISLATURES Tina Kotek THE FINAL WORD

Speaker, Oregon House

ina Kotek was chosen to lead the Oregon House in 2013, matters a great deal. People see possibility when they see people being making her the nation’s first openly lesbian speaker. A first in whatever it is. Being the first lesbian speaker was certainly an Pennsylvania native, Kotek moved in 1987 to Oregon, honor, and also just a bellwether that things are changing, that you T where she earned her bachelor’s degree in religious can do this no matter where you come from, no matter what your studies at the University of Oregon. After earning her master’s in sexual orientation. It’s very important for the LGBTQ community international studies with a focus on comparative religion from to see leaders at all levels of government. Every person who is the University of Washington, she worked for the Oregon Food out and who is standing up for who they are and whatever they’re Bank and Children First for Oregon before being elected to the doing is really, really important. House in 2006. When you were a kid, what did you want to be when you grew What is your top legislative priority and why? There are up? I thought I would be a detective and solve mysteries like two. One is housing. Whether it’s workforce housing or Sherlock Holmes. Maybe that’s kind of what I do now. housing for low-income and vulnerable individuals, I’m solving public policy mysteries. the lack of affordable housing is a real challenge in a lot of communities right now. I continue to try to How did your education in religious studies come up with new ways to help build more supply, prepare you for your job? The things you learn preserve what we have and help tenants have a fair about religion—which is about values and ritual—are shake in the rental market. The other one, because I similar to many things we have in the legislature. We like big problems, is climate disruption. We are trying have traditions that are in some ways the rituals of to figure out how to bring a cap-and-invest bill to our democracy in action, and you have a lot of values. legislature next year—similar to California’s—because While there are obviously other differences, the Oregon has to join other states to continue to make underpinnings of what religion is about are very evident progress in reducing emissions. in the democratic process. People have values—they want things done a certain way. I think it’s actually helped What does it take to be an effective leader? You me understand this process differently than a lot of people. need to listen, and not just listening for ideas, but for values. My job is to meet the needs of every member What would surprise people most to learn about you? of my body, whether Republican or Democrat, rural or That I’m an introvert. Being a public figure can be difficult urban. Leading is about setting goals and having a plan at times because I like my privacy, I like my personal to get there. A lot of people are really good at identifying time, and when you’re serving as a public servant, you problems. I think it’s up to leaders to chart a path for don’t have a lot of that. solutions and try to get people there. What do you do for fun? The No. 1 thing I do is go to the Women are under-represented in state legislatures. movies. Usually I go for more escapist stuff these days— What’s your take on why, and what can be done to get superhero movies and big-budget blockbusters. I just saw more women involved? It is absolutely true that when “It,” the horror flick, which was a bit outside of my norm, encouraging women to run for any elected office, particularly but my wife wanted to go. When you’re being scared at the legislature, you have to do a little more work. You have to the movie theatre, you’re not thinking about anything else. explain to them that they are just as qualified as the guy next If you want a distraction, that’s a good one. door. We’ve been very successful in Oregon because we’ve made a concerted effort to have more diverse candidates What final words would you like to leave with our who we’ve recruited. We have strong leadership in our readers? I would encourage everyone in legislatures legislature from women. But we have to do better than we’re across the country not to lose hope about the impact doing and it takes effort, it takes intentionality. they can have on people’s lives. From a state legislator’s perspective, regardless of your politics, there is a lot What does your political career and rise to leadership of uncertainty at the national level. That means that mean for the LGBTQ community? Like any community state leaders have an increased responsibility to solve that has been marginalized, whenever you have a first it problems and provide confidence that government can work and will work and does work. When things are so Jane Carroll Andrade, a contributing editor, conducted this interview, unclear at the federal level, it’s an opportunity for us at the which has been edited for length. state level to shine.

STATE LEGISLATURES 31 DECEMBER 2017 NCSL is professional development.

“I attended several of the professional development seminars for legislative staff this fall. Whether they were for information technology staff, librarians, fiscal offices or others, each focused on the unique skill sets and circumstances for those groups. No other organization understands the career needs of legislative staff like NCSL.”

– CHUCK TRUESDELL, FISCAL ANALYST, LEGISLATIVE RESEARCH COMMISSION, KENTUCKY

And you are NCSL. Learn more at ncsl.org/members