Reality of Fantasy Football PAGE 11

October/November 2015

Preschool Is for Real

Highway Funding

legislative Caucuses

Creative Solutions VISIT US AT BOOTH #121 How can you be an ENVIRONMENTALIST and not support NUCLEAR ENERGY?

EILEEN CLAUSSEN ENVIRONMENTAL POLICY LEADER & FORMER ASSISTANT SECRETARY OF STATE

The world needs to triple the amount of electricity it gets from non-carbon sources – like nuclear, wind, and solar – to provide the energy we need and reduce carbon emissions.

Eileen Claussen has devoted her career tons of carbon each year. That’s the to working with policymakers and a wide equivalent of capturing all emissions from range of stakeholders to develop sensible nearly all of America’s automobiles. solutions to one of our most fundamental challenges, providing clean, secure, and Find out why some of the world’s leading affordable energy, while protecting environmentalists support nuclear energy. our environment.

She knows that no single energy technology can meet our carbon reduction goals. However, nuclear energy produces more than 60% of America’s carbon- Get the facts at nei.org/cleanair free electricity, preventing 2 billion #futureofenergy

CLIENT: NEI (Nuclear Energy Institute) PUB: State Legislatures Magazine RUN DATE: July/August SIZE: 7.5” x 9.875” Full Page VER.: Clean Air/Eileen Full Page Ad 4CP: A National Conference OCTOBER/NOVEMBER 2015 VOL. 41 NO. 9 | CONTENTS of State Legislatures Publication

Executive Director William T. Pound

Director of Communications Karen Hansen

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

Contributing Editor Jane Carroll Andrade

Web Editors Edward P. Smith Mark Wolf FEATURES DEPARTMENTS

Copy Editor Leann Stelzer Preschool Is for Real Page 14 SHORT TAKES PAGE 4 Advertising Sales Manager LeAnn Hoff BY JULIE POPPE AND ROBYN LIPKOWITZ NCSL news, activities and Summit roundup (303) 364-7700 Funding is up, as is enrollment, as states continue to Contributors Daniel Diorio invest in high-quality early childhood education to STATESTATS PAGE 7 Pam Greenberg Heather Morton help kids succeed. Voting Rights Act Reaches Milestone Douglas Shinkle Wendy Underhill

Art Director Bruce Holdeman NEWSMAKERS PAGE 8

NCSL Officers A peek at what’s happening under the domes

President Senator Curt Bramble President Pro Tempore, Utah TRENDS PAGE 10

President-Elect Senator Mike Gronstal Felon voting rights, fighting revenge porn, employers Majority Leader, Iowa dealing payroll cards and battle on the e-gridiron Staff Chair Karl Aro Executive Director, Department of Legislative Services, Maryland STATELINE PAGE 12

Denver Office News from around the nation—from getting kids 7700 East First Place Denver, Colorado 80230 off their phones and into parks to working out new (303) 364-7700 legislation on drones Washington, D.C. Office 444 North Capitol Street, N.W. Suite 515 Washington, D.C. 20001 ON RECORD PAGE 22 (202) 624-5400 Q&A with Robert Website www.ncsl.org/magazine Gates, former defense

State Legislatures secretary, CIA director— (ISSN 0147-0641), the national magazine of policy and Eagle Scout and politics, is published monthly by the National Conference of State “The states have Legislatures except July/August and October/ become extraordinary November, which are combined. Postmaster: Send laboratories for address changes to: State Legislatures, 7700 East First experimentation and Place, Denver, CO 80230. innovation.” © 2015, All Rights Reserved. COVER DESIGN BRUCE HOLDEMAN COVER Opinions expressed in this magazine do not necessarily reflect NCSL policy. On the Road Again Page 20 TOOLBOX PAGE 28

Go to www.ncsl.org/bookstore BY KEVIN PULA BY JAMIE RALL to subscribe. Annual rates: U.S.—$49; foreign—$55; States take the wheel on transportation funding as Practice creativity like any other teachers—$25 (promo code SLMTEA). Single copy: $6.50. Congress sputters along. skill and unleash the problem- Letters to the editor and requests for permission to reprint may be mailed solving genius of your staff. to Julie Lays in the Denver office or e-mailed to her at: Birds of a Feather Page 24 [email protected]. Send subscriptions and changes BY SUZANNE WEISS THE FINAL WORD PAGE 31 of address to the Marketing Department in Denver. Legislative caucuses bring together likeminded NCSL’s new staff chair, Periodically, NCSL rents lawmakers and help create ways to work across the Karl Aro, from Maryland’s mailing labels to other organizations. If you prefer your name not be included political divide. Department of Legislative please send a written request. Services

State Legislatures is indexed in the PAIS Bulletin and Expanded Academic Index. It is also available in microform and electronically through University Microfilms Inc. (UMI) at STATE LEGISLATURES 3 OCTOBER/NOVEMBER 2015 (800) 521-0600. SHORT TAKES ON NCSL NEWS NCSL FOCUSED EXPERTISE “The waivers can include broad change as well as very specific or focused change.” Dick Cauchi on Affordable Care Act “1332 waivers” that will give states more flexibility in regulating health care plans, in the Washington Examiner.

“Every square inch of every state has somebody in that legislature who cares about it.” Tim Storey on the advantage of having legislatures handle redistricting, on NBCNews. com. Telehealth Trek NCSL’s Health Program has organized four visits and meetings to explore telehealth issues, including this “The impact of one in North Dakota. Participants have also visited sites in Nebraska, Nevada and Utah. uncertain funding is states delaying or cancelling bids for highway projects.” Ben Husch on states’ frustration over Congress’ inability to pass a Capitol Art long-term highway funding bill, in More than 500 works by USA Today. local artists are displayed in the New Mexico “Anything passed State Capitol. Hawaii after the deadline Representative Karl may be subject to Rhoads (D), on the left, a lawsuit.” and Idaho Senator Curtis Brenda Erickson McKenzie (R) view the on the inflexibility of legislative artwork between sessions adjournment dates set by at an NCSL meeting on state constitutions, in the Daily election technology. Nonpareil.

“This is something the states have been looking for.” Luke Martel on potential Department of Labor rules Nuclear allowing states to adopt Demonstration mandatory retirement savings At the Oak Ridge National vehicles, in Financial Advisor Lab in Tennessee, an magazine. employee explains the High Flux Isotope Reactor “Now that it has to NCSL’s 2015 Nuclear happened, it may Legislative Working Group, be seen as being including, New Mexico more likely to pass Representative Eliseo in another state.” Alcon (D), on the left, and Karmen Hanson on Hawaii Tennessee Representative becoming the first state to raise John Ragan (R) and his staffer the smoking age to 21, on Fox Tyler Lane, on the right. News.

OCTOBER/NOVEMBER 2015 4 STATE LEGISLATURES SHORT TAKES

Building the States’ Agenda State lawmakers from across the country will gather at NCSL’ s annual Capitol Forum to defend states’ rights, push for e-fairness legislation and meet with members of Congress. Please join us! Go to www.ncsl. org/forum.

Civil Discourse Legislators from 11 states were among 450 participants from 35 countries in the Kettering Foundation-NCSL Deliberative Democracy Exchange in Dayton, Ohio, this summer. The group explored ways to increase civil discourse in legislatures.

LEGISLATIVE SUMMIT

What NCSL Can Pack Into Four Days is Herculean, and the 41st annual Legislative Summit, Aug. 3-6 in Seattle, was no exception. More than 5,400 legislators, legislative staff and others joined a Pulitzer Prize-winning author, former defense secretary, futurist, ethicist, economist and many other thought leaders in forward-looking plenaries, deep-dive policy sessions and professional development seminars, with networking opportunities galore. Here’s a brief recap. NCSL Welcomes New Officers NCSL’s bipartisan leaders begin their terms every “It was invaluable to learn year at the Summit. Above, Immediate Past President different approaches to similar Senator Debbie Smith of Nevada, third from left, problems across the country.” passed the gavel to President Senator Curt Bramble of Utah, third from right. Other NCSL officers, from —From the Summit survey left, are Staff Vice Chair Raul Burciaga, director of the New Mexico Legislative Council Service; Immediate Past Staff Chair Peggy Piety, senior staff attorney for the Indiana Legislative Services Agency; President- elect Senator Mike Gronstal of Iowa; Vice President Senator Deb Peters of South Dakota; and Staff Chair Karl Aro, executive director of Maryland’s Department of Legislative Services. “The detail and depth in the presentations were great.” —From Summit survey

The Annual Business Meeting SEE YOU IN CHICAGO IN 2016 Policy directives and resolutions to guide NCSL’s advocacy efforts in Washington, D.C., are approved with the support of at least three-fourths of the states attending. Those that passed this year will focus on: • Supporting the Remote Transactions Parity Act, which would give states the authority to collect the sales taxes already owed by residents who make out-of-state purchases. • Urging Congress to solve the nation’s long-term transportation funding crisis and allocate funds to support state pilot programs exploring alternatives to fuel taxes. • Supporting reauthorization of the Elementary and Secondary Education Act. • Protecting state and local authority within proposed federal standards on the collection, use and security of student data. • Urging Congress to leave sports gambling, marijuana and hemp policies to the states.

STATE LEGISLATURES 5 OCTOBER/NOVEMBER 2015 “It was the best one I’ve attended.” SHORT TAKES —From Summit survey

THE LEGISLATIVE SUMMIT SUMMIT Kerman By the Numbers

13 Notable Documents Awards presented by the Legislative Research Librarians for outstanding government publications Connelly PHOTOS BY AARON BARNA, WASHINGTON LEGISLATIVE SUPPORT SERVICES

Summit speakers offered insights into far-reaching topics such as what the future may hold, with help from Ford futurist 85% Sheryl Connelly, above left, as well as specific subjects like women in prison, thanks to “Orange Is the New Black” author Piper Portion of Summit Kerman, above right. survey respondents who discovered new ideas from other states 300 Items—including handouts, PowerPoints and videos—in the Summit Online Resources Document at www.ncsl.org

Virginia’s Jay Pearson, left, director of the House 3,918 Information and Communications Services, and Nathan Tweets Hatfield, assistant clerk of the Senate, accept the Kevin posted using B. Harrington Award for Excellence in Democracy #NCSLSummit Pulitzer Prize-winning author Jon Meacham chatted with attendees Education from outgoing Staff Chair Peggy Piety. The and signed books after sharing his thoughts about what we can Virginia General Assembly was cited for its decades-long learn from history and its leaders during the closing general session. effort to promote civic education.

30 Years Strong: NCSL’s Women’s Legislative Network—a professional development organization that includes every female legislator in the 50 states, U.S. territories and the District of Columbia—celebrated three decades of advocating for women in politics.

OCTOBER/NOVEMBER 2015 6 STATE LEGISLATURES SHORT TAKES STATESTATS Voting Rights Act Reaches Milestone

his year marks the 50th anniversary of the Voting Rights Act, the landmark federal legislation that changed the way America votes. Although the 15th Amendment to the U.S. Constitution, passed in 1870, granted the right regardless of race, it did not specifically pre- vent literacy tests, poll taxes, good-character tests or other mechanisms that were frequently used to exclude minorities from voting. TA cornerstone of the civil rights movement, the Voting Rights Act was passed in 1965 to defend the right of all eligible citizens to vote. The law prohibits discriminating against racial or language minorities, intimidating voters and committing registration fraud. It requires trans- lations of election material into several languages when warranted and ensures that people with disabilities receive assistance with voting. It also allows federal observers into polling places and absentee voting in presidential elections. The act’s most notable provision, however, is in Section 5. It requires some states and counties with a history of discrimination to get approval, or “preclearance,” from the federal government before changing their voting laws. In 2013, the U.S. Supreme Court found the formula used to determine which jurisdictions needed preclearance to be unconstitutional. Congress has yet to act on legislation to establish a new formula, so once-covered jurisdictions no longer need to seek preclearance. The Voting Rights Act remains an important tool for ensuring the right to vote in all states, and its place in American history is undeniable. —Wendy Underhill and Daniel Diorio

How the Voter Pie Is Sliced On the Decline Share of votes in the 2012 presidenial election, Civil rights cases in U.S. district courts alleging violations of voting rights peaked in 1992 and by race and ethnicity. rose again in 2002, most likely the result of redistricting challenges. By 2006, the number of voting rights lawsuits had declined to about 150 cases, much less than in other areas.

Claims White 72% Black 13% Hispanic 10% Asian 3% Other 2%

Source: Pew Research Center, based on 2012 exit poll data from the National Election Pool.

Source: Bureau of Justice Statistics, 1990 –2006.

A Half-Century of the Voting Rights Act Voting

1975 Rights Act 1982 Congress again Congress amends 2013 extends Section 5 provisions, the act in response to the Supreme Aug. 6, 1965 this time for seven years and BEFORE Mobile ruling by adding coverage Court’s Shelby President Lyndon adds protections for language of racially discriminatory effects, County v. Holder 25% Johnson signs the Voting minority citizens. intentional or not, and extends decision eliminates Percent Rights Act. the law for 25 years. President most preclearance of blacks 1980 Ronald Reagan signs it. requirements. registered to 1970 In Mobile v. 2006 vote in mid- Congress Bolden, U.S. Supreme Congress 1950s. extends Section Court rules that intent must be reauthorizes the Voting Rights 5 provisions for proved in claims of racial Act for 25 years and President AFTER five years. discrimination. George W. Bush signs it. 62% Percent of blacks registered to 1965 1970 1975 1980 1985 1990 1995 2000 2005 2010 2015 vote in 1968. Sources: Department of Justice, Civil Rights Division, Voting Section STATE LEGISLATURES 7 OCTOBER/NOVEMBER 2015 THE ALASKA LEGISLATURE RAISED THE STAKES in its months-long battle NEWSMAKERS with Governor Bill Walker, a Republican-turned-independent, over his attempt to expand Medicaid without lawmakers’ approval. The Legislature has filed an injunction against the governor to block the expansion, and a Republican- controlled House-Senate committee voted to spend up to $450,000 on two law firms to represent the Legislature in the lawsuit, the Alaska Dispatch News reported. “This is not a policy issue—we’re not discussing whether we should “The song remains the same in or shouldn’t expand Medicaid,” Senate President Kevin Meyer (R) said. “This is American democracy.” a question of authority and process and our constitution.” Walker says the suit is politically motivated. “I cannot fathom why suing to take away health care —Oregon Representative Brent Barton (D) reflecting on the way many topics are discussed year after year, in the Portland coverage of working Alaskans is a partisan issue,” he said. Tribune.

CALIFORNIA REPUBLICANS HAVE CHOSEN NEW LEADERS. Jean Fuller replaced Bob Huff as Senate minority leader at the end of August, rather than the end of session in November. Huff is running for Los Angeles County supervisor. “I’m eager to get started,” Fuller said after the decision. She told reporters that the caucus had moved up the timeline to focus on its priorities. Those likely include current tax proposals being discussed and next year’s elections. On the Assembly side, Republicans have chosen Chad Mayes to be their next minority leader. He will succeed Kristen Olsen, who is termed out next year, when the new session opens in January.

“The right to bail is a constitutional right in the [New Mexico] Bill of Rights.”

—New Mexico Senator Peter Wirth (D), who wants to amend the state constitution to allow judges more discretion to deny bail in certain cases, in the NM Political Report.

COLORADO SENATOR LUCIA GUZMAN (D) WAS CHOSEN TO BE THE NEW MINORITY LEADER, and among the first to salute her was Senate President Bill Cadman (R). “I congratulate Senator Guzman for earning the support of her caucus as the new minority leader. I look forward to working with her in her new role,” Cadman stated. Guzman replaces Senator Morgan Carroll (D) as minority leader, who stepped down to prepare for a run for Congress. Before Guzman’s election in 2010, she was executive director of the Colorado Council of Churches, a small-business owner and vice president of the Denver Public Schools Board of Education.

OCTOBER/NOVEMBER 2015 8 STATE LEGISLATURES IOWA’S NEW SPEAKER ELECT DIDN’T HAVE TO GO FAR TO FIND A ROLE NEWSMAKERS MODEL. Linda Upmeyer (R), who assumes her new position on the first day of the 2016 session in January, is the daughter of the late Delwyn Stromer, THE FIELD OF GUBERNATORIAL CONTENDERS GOT A LITTLE who served as speaker in the 1981-82 session. Upmeyer, a cardiology nurse MORE CROWDED IN VERMONT, where current Governor Peter practitioner in her seventh House term, succeeds Kraig Paulsen (R) who is not Shumlin (D) has said he won’t seek a fourth term. House Speaker seeking re-election in 2016. When Upmeyer takes over as speaker, she and Shap Smith has announced he’ll seek the Democratic nomination. Senate President Pam Jochum (D) will be the legislature’s first female presiding- “Vermont is the state I grew up in, it’s the state I came back to, it’s officer duo, The Globe Gazette reports. the state I love, and it’s the state I seek to lead,” he said, according to the Burlington Free Press. Smith, an attorney in Burlington, was first elected to the House in 2002 and became speaker this past “That was my right January. He plans to continue as speaker during his campaign. to try. We gave it a Other contenders include Lt. Governor Phil Scott (R), Secretary of shot and we got it Transportation Sue Minter (D), Google executive Matt Dunn (D) and H. Brooke Paige (R), who’s also running right.” for attorney general. —Minnesota Representative Nick Zerwas (R), an author of the state’s new “right to try” law, on the experimental heart procedure that saved his life when he was 15, in “It makes for great TV to arrest a the (Minneapolis) Star Tribune. drug lord. But it’s not such great TV to show someone coming out of treatment.”

—Maine Senator Anne Haskell (D) on the governor’s plan to use the National Guard to address the state’s heroin epidemic, in the Portland Press Herald.

FORMER CONNECTICUT SENATOR EILEEN DAILY (D) DIED IN LATE JULY. She was 72. Active in NCSL, Daily represented her Senate district for 20 years before deciding not to seek re-election in 2012. “For decades, she was a tenacious fighter for her constituents and a committee chair who wielded enormous respect among colleagues—and she did it with a smile on her face,” Governor Dannel P. Malloy (D) said in a statement. “Eileen was one of the toughest elected officials in the state, yet her jovial disposition always made those around her feel at ease. She represented the best of public service and politics. … This is a loss for all of us. Eileen will indeed be missed.”

KENTUCKY HOUSE SPEAKER GREG STUMBO (D) WANTS EVERYONE TO FEEL COMFORTABLE coming into the Capitol, “knowing that he or she is going to be “The money is there. Now it’s our job treated equally and fairly.” So he’s proposed moving a statue of Confederate President to get rid of the shell games, make Jefferson Davis from its current place in the rotunda, its home since 1936, to the the tough decisions and institute real state historical museum, also located in Frankfort. The monument’s fate is uncertain, however. A state commission and residents who responded to a budget reforms.” poll overwhelmingly favor letting the stone Davis remain right —Alabama Senator Paul Bussman (R), who has proposed unifying where it is. Stumbo is undeterred. “If they had the courage to do the two state budgets, removing all earmarks and capping spending it in South Carolina, surely we’ve got the courage to stand up and on Medicaid and prisons, on AL.com. do what’s right in Kentucky, for every Kentucky citizen,” he said.

STATE LEGISLATURES 9 OCTOBER/NOVEMBER 2015 TRENDS Felon Voting Rights

one-time encounter with the justice system can have committed serious crimes. They’ve lost the public’s trust. A loss of lasting effects on an individual in more ways freedoms is simply a consequence of their poor judgment, they than one. For starters, those who have argue. It’s just how the judicial system works. Abeen imprisoned are far more likely Except for Maine and Vermont, all states restrict to become inmates again. Within five years felon voting rights to some degree. Thirteen states of release, 76.6 percent of prisoners are rear- ban only felony inmates from voting, four also rested, according to the Bureau of Justice include parolees, and 20 include both parolees and Statistics. probationers. Then there are voting rights. Some 5.9 Consequently, the percentage of felons who million Americans will be barred from voting in cannot vote varies by state. The rate is highest the 2016 presidential election because of a felony in Florida, where 10.4 percent of the voting age conviction, according to the Sentencing Project, an population is prohibited from voting, according to The advocacy group for loosening restrictions. Pew Charitable Trusts. The national average is 2.5 percent. From the time they were written, most state The Florida Legislature rejected recent measures to expand felon constitutions have permanently denied voting rights to people voting rights. convicted of felonies. But states began reversing those prohibitions In 2015, North Dakota and Wyoming enacted legislation in the mid-20th century, and the trend has continued. Currently, easing voting restrictions for ex-offenders, while 17 other states 11 states permanently ban some felons from voting. and Puerto Rico considered similar legislation. Maryland’s Advocates for restoring voting rights say voting can reduce governor vetoed a bill. recidivism by fostering a greater commitment to and involvement With a presidential election nearing, felon voting rights is likely in the local community. They also point out that without a to remain a popular topic as candidates from both parties have parental role model, children of disenfranchised voters are less expressed support for re-engaging citizens whose votes could make likely to vote themselves, creating a cycle of disengagement. a difference in some states. Others say felons shouldn’t be allowed to vote because they —Zita Toth Fighting Revenge Porn

he damage a private photo can do once it’s posted on civil action or registering for copyright protection of the photos, the Internet, the embarrassment and distress it can all of which can be difficult to achieve. cause the victim, and the challenge it can be to remove Even search engine giant Google Search has joined the con- T it highlight just how horrible “revenge porn” can be. versation. Shifting from its previous philosophy that its search In April, Kevin Christopher Bollaert was sentenced to 18 years function “should reflect the whole Web,” Amit Singhal, senior vice in custody after being convicted on identity theft and extortion president, stated in June that the company would “honor requests charges in connection with a pair of websites he operated. One site from people to remove nude or sexually explicit images shared displayed naked and sexually explicit pictures, mostly of women, without their consent from Google Search results.” posted by angry former romantic partners. When people requested Critics argue this legislation can be overbroad and infringe on that pictures be removed, they were directed to another website free speech. In July, a federal court ordered Arizona prosecutors that charged up to $350 to take the photos down. Bollaert was to halt enforcement of the state’s 2014 law. The advocacy group ordered to pay a $10,000 fine and $15,000 to each of his victims. Media Coalition Inc. had challenged the law as a restriction on After Bollaert was charged, but before his conviction, California speech that criminalizes a wide range of newsworthy, artistic, edu- enacted legislation criminalizing the distribution of revenge porn if cational and historical images. Media Coalition represents most it causes the victim serious emotional distress. U.S. booksellers, publishers and librarians; film, recording and Since 2013, about half the states have enacted laws that, gener- video game producers; and home video and video game retailers. ally, criminalize the unauthorized distribution of sexually explicit Although states have been leading the way in crafting bills to images of another person with the intent to embarrass, harass or tackle the problem, Congress may take action as well. U.S. Rep- frighten that person. The laws vary in their details and in the pen- resentative Jackie Speier, from California, is working on federal alties imposed. Without specific laws against the practice, victims legislation. are limited to pursuing stalking or harassment charges, filing a —Pam Greenberg and Kevin Frazzini

OCTOBER/NOVEMBER 2015 10 STATE LEGISLATURES Battle on the TRENDS e-Gridiron Employers Dealing Payroll Cards

ayroll cards have become a popular alternative to paper checks and direct deposits for paying wages. Lawmakers have tried to balance promoting their use with protecting Pemployees from hidden and unclear fees. Payroll cards operate much like prepaid debit cards. They can be loaded with employees’ wages and used in stores or online to buy goods or pay bills. Cards are often branded by American Express, Dis- cover, MasterCard or Visa and can be used to get cash from ATMs, bank tellers or through convenience checks. n the fantasy sports world, players act as owners to draft teams that compete against each other based on the perfor- mance of real-world athletes. It all involves a bit of make-be- Ilieve, but there’s nothing imaginary about the number of people playing or the amount of money involved. An estimated 56.8 million North Americans will participate this year, and each will spend around $465. That’s 15.3 million more fans than in 2014, according to the Fantasy Sports Trade Association. A recent twist on traditional fantasy sports involves daily competitions in which players’ teams compete not for a whole season but for just one day. These daily sites are legal, even though most forms of online gaming are not, and sports betting is illegal everywhere outside of Nevada. Why? The answer comes from a combination of federal and state laws. The federal Professional and Amateur Sports Protection Act bans betting on sports, except through Nevada’s well-known Proponents argue that payroll cards are safer and more conve- sports-wagering businesses and the sports lotteries of Delaware, nient than getting paid in cash or by paper check. The cards are Montana and Oregon. All of these were in operation before protected like traditional debit cards under the Federal Reserve Congress passed the legislation in 1993. In theory, the law should Board’s Regulation E. For employees who don’t use financial apply to fantasy gaming, but no fantasy player has ever been institutions or who cash their paychecks, payroll cards eliminate challenged. Fantasy sports were exempted from the ban in the check-cashing fees. Employees can also use monthly transaction Unlawful Internet Gambling Enforcement Act of 2006 as well. records to track their spending, and if a card is lost or stolen, the Although the federal laws can provide a framework, gambling is transactions can be disputed and the funds replaced, if necessary. typically regulated by the states. Currently, only Montana explicitly Consumer advocates are concerned that some of the fees the prohibits fantasy sports if played over the Internet. Fantasy games cards charge are hidden. They also claim that the terms, con- are considered to be illegal in Arizona, Iowa, Louisiana and ditions and available options are not always clearly disclosed. Washington, as well, but not because of specific bans. Confusion Although payroll cards eliminate check-cashing fees, some card comes from vague laws, conflicting attorneys general opinions and providers charge for ATM transactions, point-of-sale and cus- assumptions made by public officials. Lawmakers in those states tomer service, overdrafts and access to account balances. have introduced bills over the last two years to clarify and formally Twenty-two states and Puerto Rico have enacted legislation legalize fantasy sports, but none have passed. authorizing the use of payroll cards. Georgia and Rhode Island Lawmakers in Indiana, Massachusetts and Pennsylvania have enacted legislation this year. Twenty states and Puerto Rico apply introduced legislation to allow casinos or lotteries to offer daily the law to all employers, while Texas and Washington apply the fantasy games. And in Texas, a bill was introduced to require law specifically to institutions of higher learning. In Florida, a new sports betting sites, including fantasy sports sites, to obtain law requires labor pool employers to give employees notice before licenses. As fantasy sports continue to grow in popularity, more switching to a pay card system. The employer also must give states are likely to clarify their positions on the games. workers a list of nearby businesses that provide free withdrawals. —Jonathan Griffin —Heather Morton

STATE LEGISLATURES 11 OCTOBER/NOVEMBER 2015 STATELINE Faster Permits for Free-Range Deer 2 Drivers who kill deer in auto crashes in Wisconsin now don’t have to wait as long to start preparing their critter dinner. The state recently streamlined the process of acquiring the permit necessary to keep the game meat. Motorists simply contact a Department of Natural Resources call center, which can issue a permit by email at any time of day or night. In the past, motorists were required to call local police who sent an officer to issue a permit before an animal carcass could be removed from a crash site. About 26,000 deer are killed by vehicles every year, according to the DNR. Drivers have 24 hours to request a permit, and still must contact police if crash damage to a vehicle is $1,000 or more, or if a turkey or bear was involved.

3Pot-Free Parkland With illegal pot operations on the rise in California’s parklands and forests since voters approved medical marijuana use in 1996, a new law gives the state Department of Fish and Wildlife more power to fight back. “Some of these unregulated grow-sites are responsible for the release of rodenticides, highly toxic insecticides, chemical fertilizers, fuels and hundreds of pounds of waste dumped into the surrounding habitats and watershed systems,” Senator Bill Monning (D) said. In addition, at a Alexander Hamilton: That’s a Rap 1 time when the state faces historic drought conditions, some growers steal water by Founding Father Alexander Hamilton is still making constructing dams or diversions. Monning’s bill, signed recently by Governor Jerry connections, long after his fatal encounter with Brown, sets fines of up to $40,000 for illegally dumping many kinds of hazardous Aaron Burr along the Hudson River in 1804. Two state materials into rivers and streams, and up to $10,000 for removing trees or trapping senators—Chap Petersen and Donald McEachin, both and killing wildlife, the Los Angeles Times reported. Virginia Democrats—claim ancestry with Hamilton, and now the nation’s first Secretary of the Treasury is the subject of a well-received Broadway musical, titled simply “Hamilton.” Lin-Manuel Miranda, who conceived, wrote the lyrics and music for, and stars 4Good Snooze for Students in the production, has said his inspiration was the New Jersey lawmakers sent Governor Chris Christie a bill requiring best-selling biography “Alexander Hamilton,” by the a study of the benefits of later start times in middle and high historian Ron Chernow. The hip-hop connection? schools. The legislation, which Christie signed this summer, Miranda told the New York Times that he saw in comes amid growing concern from health officials that teens Hamilton’s difficult childhood echoes of rap stars aren’t getting enough sleep. A recent Centers for Disease Jay Z, Eminem and Biggie Smalls. “I recognized the Control and Prevention report linked lack of sleep to health arc of a hip-hop narrative in Hamilton’s life,” he said. risks—being overweight, drinking alcohol, smoking tobacco, And hip-hop was the perfect musical style for a story using drugs—as well as failing classes. And the American set during the American Revolution, because it’s “the Academy of Pediatrics last year reported that later school language of youth and energy and rebellion.” start times are more in line with teens’ biological sleep patterns. Under the law, the Department of Education will look at the effects of starting school at 8:30 a.m. or later, as recommended by the pediatricians’ group. Currently, 5 Tears in Their Craft Beers? about 85 percent of Colorado is a leader on retail marijuana, but when it comes to beer, some say New Jersey middle the state is stuck in the past along with Kansas, Minnesota, Oklahoma and and high schools start Utah, all of which limit grocery stores to selling the low-alcohol 3.2 version. before 8:30, according Lawmakers’ efforts over the years to revise the laws, which date to the to the CDC. Some 1930s, have gone flat. But things could change if the group Colorado school leaders and Consumers for Choice gathers enough signatures to put the parents say delays question on the 2016 ballot. “Since 1933, we have invented could conflict with soft-serve ice cream, rock ’n’ roll, space travel, the Internet extracurricular and the cellphone, but you still can’t buy real beer or activities and family wine in a Colorado grocery store,” the group’s website schedules, but says. On the other side is Keep Colorado Local, most New Jersey a group of liquor store owners, craft brewers, students no doubt distillers and winemakers who say changing are wondering, the laws would put jobs and the state’s What took you so $1.15 billion craft brewing industry at long? risk. It might be the voters who make the last call.

OCTOBER/NOVEMBER 2015 12 STATE LEGISLATURES 7 STATELINE License to Fly 6 Pennsylvania could become the 27th state with a law on Show Me Farmers Keep It ‘Legit’ unmanned aircraft or “drones,” if Senator Mike Folmer’s (R) A new constitutional amendment forever guarantees Missourians the right to bill becomes law. Concerned that people’s constitutional farm—they just need to be sure their crops are “legitimate,” a judge decided. rights “are being threatened by 21st century technology,” A public defender for a Jefferson City woman arrested in 2012 for allegedly Folmer’s legislation would put a two-year ban on the use of growing marijuana in her basement argued that she was protected by the right- the unmanned aircraft by state and local agencies, including to-farm amendment, added to the state constitution last year. The “argument law enforcement, except in emergency situations or when that growing marijuana in a basement constitutes a ‘farming or ranching a warrant is obtained. The bill would allow U.S. military units practice’ goes way beyond the plain meaning of ‘farming or ranching practice,’” to continue to use them for training. In Maine, a new law the county judge wrote. “Simply put, marijuana is not considered a part of allows law enforcement officials, with a warrant, Missouri’s agriculture.” The judge ruled that the amendment applies to use the aircraft if they follow Federal only to livestock and “legitimate” crop cultivation, the St. Louis Aviation Administration requirements Post-Dispatch reports. The voters may get to decide whether and new state standards. In North to legalize marijuana, if backers can gather enough signatures Dakota, a new law may allow to put the question on next year’s ballot. Meanwhile, the police to outfit their drones with Jefferson City grower’s case continues. “less than lethal” weapons, as long they obtain a warrant and receive approval from the state’s Unmanned Aircraft Systems Research Compliance Committee, which received FAA authorization. Any use of a weaponized drone 8 requires FAA approval. Hang Up and Camp Kids are getting bigger while state park budgets are 9 wasting away, Stateline reports. Obesity more than Tops in Transparency doubled in children and quadrupled in adolescents Seven states earned high marks in transparency on the States earning over the last 30 years, according to the Centers Sunlight Foundation’s recently updated report card. The Sunlight’s A grade: for Disease Control and Prevention. Meanwhile, nonprofit foundation, which advocates for openness California legislative funding for state parks has dropped by at all levels of government, evaluated each state based Massachusetts about 10 percent nationwide in the last five years, on disclosure of lobbyist activity and compensation, New Jersey according to the National Association of State Park expenditure transparency, expenditure reporting New York Directors. To lure kids away from their phones and thresholds and document accessibility. Just like in a North Carolina video games and into the parks, several states are classroom, the states’ grades fall on a classic bell curve, South Carolina sponsoring camping trips, running conservation with seven A’s, 15 B’s, 12 C’s, 12 D’s and—ouch!—four F’s. Wisconsin programs or organizing outdoor classrooms where students learn about wildlife and ecology. A relationship to nature, with an understanding of how clean air and clean water are produced are 10 needed for kids care about doing anything about Not Cool at School the stewardship of the earth,” said Nita Settina, This year, the Montana Legislature made it illegal for anyone under age 18 superintendent for the Maryland Park Service. to buy, possess or consume alternative nicotine or vapor cigarette products. Now, following the legislators’ lead, the Bozeman School Board has put the alternative tobacco products on its list of items banned from school grounds, for students and adults alike—and for good measure, it added powdered alcohol. Walking into school with either of the products, like possessing regular tobacco or drugs, can result in students being disciplined. The school district’s decision was unanimous, but the Legislature’s was not. Representative Denise Hayman (D) said many parents and coaches were “terrified” about e-cigarettes because little is known about nicotine vapor, and adults see it as “a first step,” according to the Bozeman Chronicle. Opponents, such as Representative Nicholas Schwaderer (R), argued vapor cigarettes can help kids quit smoking. Forty-six states prohibit young people from buying e-cigarettes.

STATE LEGISLATURES 13 OCTOBER/NOVEMBER 2015 EARLY CHILDHOOD EDUCATION Preschool Is for Real

Funding is up, as is magine yourself as a preschooler. Every- thing’s an adventure, from pretending enrollment, as states you’re a superhero to chasing a butterfly to painting a self-portrait. There is so much continue to invest to explore, discover and learn at preschool, and in high-quality early Iit all feels like play—hours and hours of play. But behind all the fun and games, preschool childhood education teachers have one very serious goal: To prepare children for kindergarten and future academic to help kids succeed. success. To achieve that, they have the daunt- ing task of helping young children learn specific social, emotional, physical, linguistic, cognitive, literacy and math skills, which are defined in state learning guidelines or standards. All this sounds very much like school, although pre- school teachers make it all feel like play. BY JULIE POPPE “There’s always a push to make preschool look more like school,” says Shari Funkhouser, AND ROBYN a preschool teacher with 18 years of experience from Asheboro, North Carolina. “With that LIPKOWITZ comes a push for more data,” she says, “which leads to more assessments. But no test can really measure all the important growth that occurs in preschool.” Preschool programs are sprouting up as statewide or pilot initiatives, and public funding is increasing. Forty-one states and the District of Columbia have funded voluntary preschool. Whether it’s half-day or year-long, preschool is now available to more than 1.3 million kids, according to the National Institute for Early Education Research. States spent $6.3 billion on preschool last year, compared with $2.8 bil- Julie Poppe and Robyn Lipkowitz cover lion in 2005. early childhood education issues for NCSL’s Nationally, the percentage of children eligi- Children and Families Program. ble for preschool who actually enrolled rose to

OCTOBER/NOVEMBER 2015 14 STATE LEGISLATURES EARLY CHILDHOOD EDUCATION

29 percent in 2013, up from 14 percent in Betty Hart and Todd Risley at the Univer- 2002. sity of Kansas, who conducted a ground- “Getting kids ready That still leaves many kids without the breaking study in 2003. These differences benefits of preschool. And an estimated 52 have an impact on children’s language and for school helps them percent of low-income kids and 25 percent vocabulary. Researchers calculated that get ready for life.” of moderate- or high-income kids arrive on by age 4 the wealthier children had heard the first day of kindergarten unprepared, 30 million more words spoken than their —REPRESENTATIVE SARAH BUXTON, VERMONT lacking in many of the skills considered lower-income peers. essential to learning. Starting school behind sends most chil- For those children who don't receive dren on a scholastic trajectory that limits what they need at home, many believe pre- their educational choices and affects their school can help. future academic and workforce success. Researchers with the Institute of Educa- Why Preschool? tion Sciences, after studying 22,000 chil- One reason for the recent focus on pre- dren through fifth grade, concluded that school comes from brain researchers and children who begin school behind rarely, developmental psychologists who are dis- if ever, get ahead. Not only do they pay a covering how critical the early years are for price, so does society. developing healthy brains. That’s when the “Children who aren’t able to access most rapid proliferation of new neural con- high-quality early learning experiences— nections occur. These connections provide for whatever reason—are far more likely a foundation on which to learn and grow, to challenge the resources of our education, and to be physically and mentally healthy. corrections and social welfare systems,” says The most frequently cited reason for the Vermont Representative Sarah Buxton (D). renewed interest in preschool, however, is To help school districts, private pro- concern over the widening achievement grams and parents, Buxton supported gap between rich and poor children. The legislation last year that moved the state statistics are telling. By age 3, an 18-month closer to universal access. It increased gap opens up in language skills between funding for additional preschool hours and low-income children and their wealthier set a uniform tuition rate for public and peers. private programs. “Getting kids ready for Significant differences exist in how par- school,” she says, “helps them get ready for ents and children interact based on their life … and be happy, smart, stable adults.” socio-economic backgrounds, according to Parents, policymakers and researchers are not the only ones sounding the alarm. Military leaders and business executives are The Word Gap concerned about the growing achievement Differences in how parents and children gap as well. They see far too many young interact based on their socio-economic people who lack the basic academic skills backgrounds leads to wealthier children needed to perform well in the current job being exposed to words much more often market or to pass military entrance exams. than their lower-income peers. And law enforcement officials say many young offenders are high school dropouts with poor academic skills. College-Educated Parents Working-Class Parents Low-Income Parents Whose Role Is it? Along with concerns over the disparities in achievement, however, come concerns over parental rights, big government and a growing “nanny state.” “The long-term success of early edu- cation will depend on preserving ... a firm commitment to parental choice and engagement,” says Katharine B. Stevens

STATE LEGISLATURES 15 OCTOBER/NOVEMBER 2015 EARLY CHILDHOOD EDUCATION

Funding Sources work in the state, so this is really helping out these working parents,” Flakoll says. The average annual cost per preschool student Legislation that offers parents options was $4,679 in 2014. is more likely to attract bipartisan sup- port. Several states have expanded publicly funded preschools recently to include pri- vate child care centers, community organi- zations, faith-based centers, military agen- cies and colleges.

Return on Investment Preschool can be expensive, and fund- ing—where it comes from and who receives it—can lead to contentious discussions. From a purely financial standpoint, how- State Contributions 87% ever, James Heckman, a Nobel laureate Local Contributions 7% economist at the Center for the Economics Federal Contributions 5% of Human Development at the University TANF Contributions 1% of Chicago, says publicly funding preschool Source: The National Institute for Early Education makes sense. The most efficient and cost-ef- Research, 2014 Yearbook fective investments in education are those made in the early years of life, he says. They offer a greater return on investment than from the American Enterprise Institute. programs that target adults, who generally Maintaining parental choice is essential find it more difficult to learn new skills. to many who believe government should To get the biggest bang for the buck, stay out of family decisions. Like North according to Heckman and others, states Dakota Senator Tim Flakoll (R), chair- should invest in the very young. But not just “Quality is No. 1.” man of the Education Fund- any early education program will do. When ing Committee, they believe it comes to preschool, quality matters. —SENATOR BRICE WIGGINS, MISSISSIPPI “parents should be the first “Quality is No. 1,” says Mississippi teachers of kids.” Senator Brice Wiggins (R). “Whether a With that in mind, law- preschool program has staying power It’s not just that good programs improve makers in North Dakota and provides long-term benefits depends achievement. Studies have also shown that funded a new preschool pro- Senator on how good it is. Research shows that poorly run programs can actually do harm. gram specifically to support Tim Flakoll high-quality, evidence-based programs It’s well worth it to do what it takes to get North Dakota parents—many of whom provide benefits that take hold and lay the schools from not-so-good to great, says have recently been drawn to foundation for results later on,” Wiggins Steve Barnett with National Institute for the state by its booming economy. “We have says. “The better the program, the more Early Education Research at Rutgers Uni- job openings for nearly everyone who needs long-lasting the benefits.” versity. It’s a simple formula. “If you pay for Who and How Much? high quality, programs will produce stron- ger results,” Barnett says. The percent of 4-year-olds attending a public preschool has increased while average per-student But will the improvements last? funding has decreased since 2002. Long-Term Questions Skeptics say many of the gains made during preschool disappear by third grade— what is often called the “fade-out” effect. David J. Armor, George Mason Uni- versity professor emeritus of public policy, argues in the Washington Post that “the Funding per child 4-year olds few top-quality studies out there reveal Source: The National Institute for Early Education Research, 2014 Yearbook few, if any, lasting benefits.”

OCTOBER/NOVEMBER 2015 16 STATE LEGISLATURES EARLY CHILDHOOD EDUCATION

Others disagree. It’s difficult to know which skills will diminish over time and Portion of Children in Public Preschools which will persist or even appear later. “That is, early measures may not capture About 86 percent of the more than 1.3 million 4-year-olds who attend the full long-term impact of the program,” preschools enroll in publicly funded ones. says Rob Grunewald, economist at the Federal Reserve Bank of Minneapolis. The bank got involved in preschool issues over concerns that our future workforce would be ill-prepared and lack the skills needed to lead our country. None Despite concerns, legislation to strengthen 1%– 20% preschool in various ways has found strong bipartisan support in most states. “My fel- 21% –40% low Republican lawmakers are warming up 41% – 60% to the idea, especially preschool’s long-term impacts,” notes Wiggins. 61% – 80% After assessments of the state’s children showed that two-thirds of all 5-year-olds were not ready for kindergarten, Wiggins sponsored legislation in 2013 to provide $3 million to fund preschool for nearly Source: The National Institute for Early Education Research, 2014 Yearbook

STATE LEGISLATURES 17 OCTOBER/NOVEMBER 2015 EARLY CHILDHOOD EDUCATION

Innovative Solutions

Utah has experimented with a couple of interesting ways to address problems of school readiness, grade retention and special education rates in 2014. To finance a new statewide early education program for more than 3,500 children, lawmakers approved legislation, sponsored by Representative Greg Hughes (R), that creates a School Readiness Board to negotiate “results- based” contracts with private entities. “We are constantly looking, because of the finite dollars we have in public education, for innovation, efficiencies and smart practices,” Hughes says. In 2008, the Legislature established a digital in-home preschool program called UPSTART. The program, supported with state funding, recently won an “Investing in Innovation” federal grant. As part of the program, a learning coach “We are constantly looking ... contacts families on a weekly basis in English or Spanish to help monitor and for innovation, efficiencies and improve the child’s progress. Statistics show that, regardless of their ethnicity smart practices.” or socio-economic status, children in the program are making gains in school —SPEAKER GREG HUGHES, UTAH readiness skills.

1,800 children. The senator’s interest in early education stems from his time as a state prosecutor, when he saw “too many underage offend- ers who lacked education.” He believes in the “pay now or pay later” theory voiced by many law enforcement and criminal jus- tice officials.

Big Investments for Little Ones In the last two years alone, 35 state leg- Federal funding increased this year as of this program is uncertain, however, as islatures and the District of Columbia have well after a coalition of philanthropic, Congress has not yet renewed it. increased funding for new and existing pre- business, education, advocacy and elected kindergarten programs. leaders gathered at a White House Sum- An Eye on Quality California legislators made their biggest mit to discuss expanding early education. Lawmakers have targeted improve- investment in more than a decade last year: As a result, more than $220 million in new ments to areas that directly influence $273 million, including $25 million for pro- federal funding was available this year to quality, including teacher qualifications. fessional development for teachers. And states with preschool enrollment rates The Institute of Medicine recently recom- Michigan lawmakers, over the last two below 10 percent. mended that preschool teachers have a years and with strong, bipartisan support, Alabama, Arizona, Hawaii, Montana bachelor’s degree along with specialized have increased funding from $110 million and Nevada received the first development training in early childhood education. Even to almost $240 million. grants. And Arkansas, Connecticut, Illi- though more than 30 states already require Lawmakers in Minnesota, New York nois, Louisiana, Maine, Maryland, Mas- teachers in public preschools to have a and Pennsylvania have also voted to make sachusetts, New Jersey, New York, Rhode bachelor’s degree, only 57 percent of all large investments in their prekindergarten Island, Tennessee, Vermont and Virginia preschool teachers do, and only 34 percent programs in the last two years. have received expansion grants. The future of assistant teachers are certified.

OCTOBER/NOVEMBER 2015 18 STATE LEGISLATURES EARLY CHILDHOOD EDUCATION

The Quest for High Quality

What does a high-quality preschool look like? According to the National Institute for Early Education Research at Rutgers University, great programs include: • Comprehensive state standards for what preschool children need to learn • Lead teachers with bachelor’s degrees and specialized training in a prekindergarten area • Assistant teachers with appropriate certificates • At least 15 hours a year of professional training for teachers • Class sizes limited to 20 students • A staff-to-child ratio of 1-to-10 or better • Children’s vision, hearing and health screenings and referrals • At least one additional support service for families • Meals offered regularly • Adequate monitoring of program quality, including site visits by evaluators

and using state-approved curricula before receiving any of the new grant money. School districts also have to track and report certain data for the first time. And Mississippi’s new prekindergarten program was developed to meet all 10 of Rutgers early education quality bench- marks listed above.

Waiting for the Future How effective will all this new investment Finding qualified teachers may be diffi- resentative Robert Behning in high-quality preschools be? Finding out cult. Salaries don’t exactly attract people to (R), chairman of the Educa- will require patience—at least 10 or so years the profession. Although preschool teachers tion Committee. Behning’s of it. Meanwhile, preschoolers will continue with bachelor’s degrees can make more than legislation targets low-income to be preschoolers, playing tag, learning the $40,000 a year, depending on the type of children who are not enrolled alphabet, singing songs. They will learn and preschool, the nation’s average salary for all in Head Start and offers par- grow and develop. And those in high-qual- preschool teachers is less than $30,000. ents choices through public Representative ity preschools will likely show up on the first Some states focused on funding more schools, including charter Robert Behning day of kindergarten, prepared and eager to Indiana teacher training and coaching, credential- schools, or private providers, sail through the next 12 years. ing community providers or establishing including child care centers, Teachers don’t need statistical proof to quality rating and improvement systems. private homes or religious groups. The state measure that kind of success. “We know Other reforms tageted class sizes, stu- is funding the program with reallocated fed- where they were when they arrived and, dent-to-teacher ratios and curricula. Indiana eral child care money. large or small, we can see the changes,” lawmakers decided to start with a pilot pro- Texas lawmakers now require school says teacher Funkhouser. gram focused on quality and evaluation to districts to meet certain quality require- “We know we have made a difference in “make sure we are doing it right,” says Rep- ments, including having certified teachers their futures.”

STATE LEGISLATURES 19 OCTOBER/NOVEMBER 2015 TRANSPORTATION On the Road Again

“The longer Congress waits, the more limited states’ options become.”

—REPRESENTATIVE JUDY CLIBBORN, WASHINGTON

States take ired of the uncertainty and lack of this affects long-term planning for transporta- movement at the federal level, state tion infrastructure vital to state economies and the wheel on legislatures passed a variety of trans- public safety, recreation and health. T portation funding bills this year, leav- The funding changes lawmakers made were transportation ing Congress stuck in the slow lane, failing to get not limited to any particular region or politi- beyond yet another short-term extension of the cal party and were about as diverse as the states funding as federal bill. More than one-third of the states themselves. Congress sputters found ways to increase investments in transpor- tation this year; at least 24 states have done so Gas Taxes Adjusted along. since 2012. Georgia, Idaho, Iowa, Nebraska, South According to the Congressional Budget Dakota, Utah and Washington this year Office, federal spending on transportation and enacted gas-tax increases ranging in size from 6 water infrastructure was $96 billion in 2014, cents per gallon to 11.9 cents. down 21 percent from a high of $122 billion in South Dakota lawmakers passed one of BY KEVIN PULA 2002, adjusted for inflation. As federal spend- the more broad-based packages. Along with a ing on highways has waned in recent years, 6-cent increase in the gas tax, it includes higher states and localities have had to increase spend- vehicle and truck registration fees and more ing, forcing lawmakers to look deep and wide options for counties to raise transportation for new funding sources. revenue. The law also requires the secretary of “We cannot wait indefinitely for support transportation to report to lawmakers annu- from the federal government,” says Washington ally “so we know what is going on,” says South Representative Judy Clibborn (D), who led the Dakota Senator Mike Vehle (R). Before the Washington House Transportation Committee package was ever considered, however, Vehle as it passed a $16.1 billion funding package this needed “to know if it was really necessary to year. Conversations regarding new transporta- raise more revenues.” tion revenue began in 2012, after “we learned Subsequent studies found 11 percent of the Kevin Pula is a policy associate in more about the need for additional state fund- state’s roads rated either poor or fair. But the NCSL’s Environment, Energy and ing,” she says. real game changer for Vehle was that by 2025 Transportation Program. Doug Shinkle Clibborn believes “the longer Congress waits, that portion was estimated to increase to more contributed to this article. the more limited states’ options become,” and than half. And the future for bridges didn’t look

OCTOBER/NOVEMBER 2015 20 STATE LEGISLATURES “If you’ve got it, a road brought it.’ Not TRANSPORTATION much is parachuted in these days.”

—SENATOR MIKE VEHLE, SOUTH DAKOTA

Revenue Streams

The Various Sources That Fund Government Transportation Projects

any brighter. Vehle knew that “if we don’t portation investment program. Massa- do anything and our roads are in this kind chusetts approved $200 million in bonds of condition in 10 years, there’s going to be for local road repair projects. And Missis- a lot of people saying, ‘What in the devil sippi lawmakers OK’d a $200 million bond were you guys in the Legislature doing?’” package, primarily for bridge repairs. Elsewhere, in Kentucky and North Car- The Delaware General Assembly in- olina, lawmakers restructured their percent- creased a variety of transportation fees age-based gas taxes to prevent revenues from and taxes, including the new- and used-ve- dipping further because of lower gas prices. hicle sales tax, which went from 3.75 per- The Utah Legislature elected to allow cent to 4.25 percent. Note: Local vehicle tax revenue includes a the gas tax to track with the state’s econ- Lawmakers in North Dakota tapped a small amount of fuel revenue as well. Federal revenue is in federal fiscal years; revenue of omy, while lawmakers in Georgia, Ken- state fund created from mineral sales and state and local governments is in their own tucky and North Carolina changed how leases to provide $800 million in one-time fiscal years or calendar years, depending on they tie the tax to the state economy. “surge funding” for transportation. And in how they report their data to the Federal Highway Administration. Additionally, gas taxes in Maryland, Vermont, legislators created a “floor” on Nebraska, Rhode Island and Vermont the wholesale price of gasoline to limit the Source: Pew Trusts, Funding Challenges in Highway and Transit, Feb. 24, 2015. automatically increased because of index- potential decrease in revenues generated ing or other mechanisms that adjust taxes by their 2 percent transportation infra- in those states without legislative action. structure assessment on motor fuel. A handful of states will ask voters to The Quest Continues New Fees and Bonds, Too approve transportation funding packages Lawmakers continue to seek adequate Three legislatures established special this fall. Louisianans will decide whether long-term funding for vital transportation registration fees on electric or hybrid vehi- to divert surplus rainy day funds to trans- projects. And many have found acceptable cles. Georgia now charges $200 a year for portation. Mainers will vote on an $85 mil- ways to invest in their infrastructure because an electric vehicle, Idaho charges $140 lion bond package. Voters in Nevada will the condition of roads and bridges affects ($75 for a hybrid) and Wyoming requires determine whether counties will be allowed everyone, whether they’re in the right lane or electric car owners to purchase a $50 decal. to link local fuel taxes to inflation. And the left lane. Three states passed bond packages. lawmakers in the Lone Star State are ask- As Senator Vehle likes to remind his con- Connecticut authorized $2.8 billion in ing voters if $2.5 billion in general funds stituents: “If you’ve got it, a road brought it. bonds for its 30-year, multi-modal trans- should be diverted to transportation. Not much is parachuted in these days.”

STATE LEGISLATURES 21 OCTOBER/NOVEMBER 2015 ON RECORD Robert Gates

Former Defense Secretary, CIA Director—and Eagle Scout

“The states obert Gates, currently president of the Boy What about your experiences Scouts of America, has served the country as sec- with the military’s “don’t ask, have become retary of defense, as director of the CIA and as don’t tell” policy? an intelligence professional at the National Secu- I think the same principles extraordinary R rity Council and the White House under eight presidents. apply. Our folks came in and I laboratories for He has been president of Texas A&M University and the told the president that before National Eagle Scout Association. He’s served on many any action was taken, we had to experimentation and boards, won numerous awards and written several books. consult with the troops. We had A native of Kansas, he earned a doctorate in Russian and to get the views of the troops innovation.” Soviet history from Georgetown University. and their families about what they thought about this change, STATE LEGISLATURES: The Boy Scout Law says the impact it would have, their that a Scout is trustworthy, loyal, helpful, friendly, concerns and so on, so we could courteous, kind, obedient, cheerful, thrifty, shape the decision to take those brave, clean and reverent. How did this affect you concerns into account. growing up? For the first time probably GATES: The Scout Oath and Law have been with me all ever, the military actually had a my life. I have a photograph of my father in the study in conversation with itself about this a Boy Scout uniform in front of his house in Kansas City subject and, lo and behold, when in 1918. He wasn’t an Eagle Scout, but he made sure both we got those surveys back, two- my brother and I were. It really was a formative part of thirds of the people said that a my life, and my earliest experiences with leadership were in change wouldn’t have any impact the Boy Scouts. There’s nothing quite like trying to get a or, in fact, might make the services bunch of 12- and 13-year-olds to do what they don’t want better. So this was a process that to do—and you’re only a year older. If you can do that, I wanted to emulate for the Boy you can probably manage just about anything. Scouts.

What approach are you taking with the Boy Scouts What do you think of the way since the organization repealed its ban on gay the VA is handling the care of Scoutmasters? returning veterans? My approach is the same as it was in leading the Part of the problem with the intelligence community and CIA, and then being president VA also affected the Department of Texas A&M and finally secretary of defense, which was of Defense, and that was nobody having an inclusive decision-making process. People aren’t thought these wars were going to surprised, and they have an opportunity to weigh in with last very long, nobody dreamed their opinions. I think when people feel they’ve been a part that the casualties would be as great of the process and they’ve been respected, it’s much easier in numbers as they were, and that Mark Wolf, NCSL’s digital publications for them to agree to a decision or support a decision, even there would be so many young editor, conducted this interview. if, in fact, originally they didn’t. people with such severe wounds

OCTOBER/NOVEMBER 2015 22 STATE LEGISLATURES ON RECORD

closer to the voters, and has to be more responsive to actually getting things done. Ideological paralysis in a state has more immediate consequences and is more intolerable to the people of that state. The states have become extraordinary laboratories for experimentation and innovation and how you deliver services, how you try and control costs and things like that. In most states, being in the legislature is not a full-time job. State legislators are just more connected to the real problems people are facing, and probably feel more accountable.

What are your views on the U.S. nuclear deal with Iran? First of all, getting the Iranians to the bargaining table in the first place was a success for the economic sanctions policies followed under President Clinton, President Bush and President Obama. Frankly, I believe we could have negotiated a better deal. I have real concerns about the verification provisions and Iran’s compliance. I have concerns about “snapback” sanctions, not to mention the non-agreement parts of Iranian behavior in the region and so on. All that said, I also believe that voting it down would point to significant negative consequences of its own. I think that we would be all alone. We would be isolated,

PHOTOS BY AARON BARNA, WASHINGTON LEGISLATIVE SUPPORT SERVICES not Iran. I think the sanctions would be that would require years of rehabilitation. business people do when they’re brought impossible to sustain. Iran could junk The VA was suddenly flooded with these in to head a government agency—they’re the good parts of the agreement, such as young men and women, and totally faced with obstacles and difficulties in the 97 percent of their enriched uranium unprepared for it. And they were incredibly getting the job done that they’ve never being taken out of their hands, and the slow in coming to deal with it. encountered before. changes that are being made in some of There are also a lot of bureaucratic their facilities. We would lose the pieces of problems. The VA is probably the Based on your experience with the agreement that are good, and I think most micro-managed organization in Congress, what advice would you we would lose all of our leverage except the government by Congress, because give state legislators? military. every member of Congress is sensitive to Based on what I read, in most states My view is we have to face the reality veterans and veterans’ interests, and so the legislatures are actually pretty effective. that we were out-negotiated and we have a there’s a lot of very close congressional One thing about state government or being flawed agreement, but the consequences of attention to VA, and some of it, maybe a the mayor of a city: It doesn’t matter what rejecting it were severe. lot of it, is not very productive in terms of your ideology is. If you don’t shovel the how you make VA work better. snow, and if you don’t pick up the trash, Editor’s note: This interview is part of a series of I think that VA Secretary Robert and if you don’t pave the roads, you’re not conversations with national leaders. It has been McDonald is a good man with good going to get re-elected. edited for length and clarity. The opinions expressed qualities, but I think he faces what a lot of State government similarly is much herein are not necessarily those of NCSL.

STATE LEGISLATURES 23 OCTOBER/NOVEMBER 2015 LEGISLATURES Birds of a Feather

Legislative caucuses ollowing a tradition thought to be as “I realized we had a old as state legislatures themselves, a bring together like- handful of Texas House freshmen in solid core of younger F2013 created a mechanism to work members on both minded lawmakers together, across party lines, to advance a sides of the aisle that and help create ways shared agenda. The members of the Young Texans Legis- we could organize to work across the lative Caucus, all of whom were under age 40, around to get some were focused on issues important to their gen- political divide. eration and the next, from college affordability things done. to entrepreneurship to natural resources man- —TEXAS REPRESENTATIVE ERIC JOHNSON agement. Today, with just two sessions under its belt, the 32-member caucus has put together a string a simple reason: “Their members see value in BY SUZANNE WEISS of modest but notable successes. Among them them.” are bills that expand the use of crowdfunding Squire cited a couple of ways in which cau- for small businesses, create incentives to use cuses benefit individual legislators and invigo- alternative fuels and encourage financial insti- rate the policymaking process. tutions to establish branches in parts of Texas First, they provide a mechanism to “circu- that are “banking deserts.” The caucus also late information and collectively develop ideas, pushed successfully for a bill mandating that including ideas that, for one reason or another, public universities strengthen policies on cam- committees won’t take up,” Squire says. “They pus sexual assaults, and another requiring hos- provide a chance for things to gain traction.” pitals to give parents of newborns safety infor- In this way, caucuses “serve as alternative mation that includes a warning against leaving routes, as a challenge to existing structures and children in hot cars. as a competing source of power to established “Nearly six in 10 Texans are 40 years of leadership.” age or younger, and that demographic defi- Membership in a caucus also helps legisla- nitely deserves to have a stronger voice in our tors “send a signal to their constituents that legislative deliberations,” says Representative an issue is important to them,” he says. And Eric Johnson (D), who co-founded the caucus. because they are generally bipartisan, cau- “When I looked at the makeup of the House, I cuses can serve as a countervailing force to the realized we had a solid core of younger mem- polarization that increasingly afflicts legislative bers on both sides of the aisle that we could deliberations. organize around to get some things done.” James Henson, director of the Texas Politics Project at the University of Texas at Austin, Always on the Scene agrees. “Caucuses allow legislators to sidestep Affiliations of like-minded lawmakers are partisan conflicts and coalesce around issue nothing new, says Peverill Squire, a University areas,” he says. of Missouri political science professor and an Consider, for example, the experience of two expert on American legislatures. “Caucuses members of the Louisiana Legislature’s Acadi- Suzanne Weiss is a freelance writer and have probably always been part of the legisla- ana Caucus—Senator Dan “Blade” Morrish frequent contributor to State Legislatures. tive scene,” he says, and they have endured for (R) and Representative Jack Montoucet (D),

OCTOBER/NOVEMBER 2015 24 STATE LEGISLATURES LEGISLATURES

“Democrat and Republican? That never enters into the picture.”

—LOUISIANA SENATOR DAN “BLADE” MORRISH

In 2005 and again in 2013, NCSL sur- veyed legislative clerks and secretaries to get a clearer picture of the number and kind of special caucuses operating within the chambers in each state. Many of those caucuses no longer exist, according to a recent survey that included a 50-state search of legislative websites. The survey showed that about one-third of states have no caucuses other than party caucuses. The other two-thirds have non- party caucuses numbering from one or two—typically a women’s and a black or Latino caucus—to between 15 and 20. But the survey also showed that new caucuses are popping up all the time: in Virginia, a 20-member New Ameri- cans Caucus, which pledges to address issues involving undocumented residents and other immigrants; in Connecticut, a 27-member Intellectual and Developmen- tal Disabilities Caucus; and in Utah, a 21-member Clean Air Caucus. The most numerous and longest last- ing nonparty caucuses are those based on demographics. They emerged in the mid- who consider themselves party stalwarts Linked by Party, Priorities, Passions 1970s as the number of blacks, women and and at opposite ends of the political spec- By far the most established and power- Hispanics elected to legislatures began to trum. ful legislative caucuses are partisan—one increase. Today, 35 states have black cau- For nearly a decade, the two have for the minority party and one for the cuses, 23 have women’s caucuses and 16 worked closely on a wide range of issues, majority, in each chamber. They are given have Hispanic/Latino caucuses. Nineteen from coastal restoration, bridge projects, staff, office space and other resources to states have Native American caucuses tied flood insurance and workforce training to carry out their business—setting rules, to a national network. increased state support for the French-im- electing leaders, formulating policy and Other ethnic and cultural affiliations mersion language programs that serve more strategy—much of which is done behind around which caucuses have coalesced are than 4,000 students, from kindergarten closed doors. Asian (California and New York), Fili- through the 12th grade, in the 22 parishes By contrast, nonparty caucuses like the pino (Hawaii), Irish (Pennsylvania) and that make up the state’s Acadiana region. Young Texans are both more informal and Italian-American (Connecticut). Among “As caucus members, Jack and I work more open, and typically receive no fund- the newest are California’s three-member together to do what’s best for the people ing. Most are co-chaired by a Republican Armenian Caucus and a nine-member Jew- we represent,” Morrish says. “Democrat and a Democrat. Often, they come and go ish Caucus, both formed in the past year. and Republican? That never enters into the in the space of several years, giving way to The majority of demographic caucuses, picture.” new interests, priorities and affiliations. according to their websites, are open to all

STATE LEGISLATURES 25 OCTOBER/NOVEMBER 2015 LEGISLATURES legislators, regardless of party, race/ethnic- established earlier this year with the goal of Nick Miccarelli (R), the new ity or religion. But in fact, Democrats have safeguarding the state’s competitiveness in caucus’ co-chairman, is not long dominated the larger racial/ethnic international trade by, among other things, so much political apathy as caucuses—in some cases, to the point of streamlining regulatory processes. “an expression of frustration excluding the other party. Another major caucus category includes at the lack of progress and When California Assem- those leading the charge on behalf of a spe- results.” He listed measures blyman Rocky Chavez (R) cial issue. Some work broadly on big topics to address the related prob- Representative Nick Miccarelli asked to join the 24-mem- such as education, the environment, men- lems of soaring college tui- Pennsylvania ber Latino Caucus last year, tal health or transportation, whereas oth- tion costs and high levels of for example, he was turned ers are tightly focused on autism, hunger, student loan debt as the top items on the away and told that he ought outdoor recreation, diabetes, community caucus’ agenda. to form his own caucus, Assemblyman colleges or veterans’ benefits. Although many legislative caucuses where Republicans would be Rocky Chavez In many cases, issue caucuses are part meet infrequently and focus their efforts California more welcome. Chavez com- of a network, tied to national organiza- on a handful of issues, others put together plained publicly, accusing tions—the National Caucus of Environ- ambitious agendas, issue news releases, the caucus of discrimination. mental Legislators, for example, or the maintain websites and make use of Face- National Assembly of Sportsmen’s Cau- book, Twitter and other social media. Mostly Bipartisan, Bicameral cuses, which has more than 2,000 mem- The Utah Legislative Clean Air Cau- By and large, however, most caucuses bers in 47 states. cus, for example, recently held a news are both bipartisan and bicameral. Over the last several years, ideological conference at which it unveiled a package About half of the nation’s legislatures groups—Mississippi’s Conservative Cau- of 17 proposed bills and six appropriation have caucuses focused on regional needs cus, Utah’s Patrick Henry States’ Rights requests totaling more than $5.4 million. and interests: the Everglades in Florida, for Caucus, Article V caucuses focused on The proposals ranged from a higher sales example, or the coastal counties of Maine, federalism and limited government—have tax on tires and new incineration regu- Massachusetts, Oregon and Washington, sprung up in about 20 states. lations to a measure allowing the state to or rural and agricultural areas, such as Finally, there are a handful of caucuses adopt pollution standards stricter than Alaska’s Mat-Su Valley and California’s formed specifically for spiritual fellowship those set by the U.S. Environmental Pro- Inland Empire. or social activities; they range from Bible tection Agency. Some caucuses are organized around study and prayer groups to Illinois’ White the interests of certain industries or sectors, Sox Caucus and Pennsylvania’s Karaoke Changing the Conversation from arts, culture, aviation and aerospace Caucus. Of course, not every bill backed by a to coal, fisheries, manufacturing, steel and caucus becomes law. But having a caucus vineyards. Bridging Political Divide to champion a particular measure provides Michigan, for example, has a caucus A new wrinkle is the formation of bipar- a collective history that can strengthen promoting the growth of the state’s bio- tisan legislative groups modeled along members’ commitment to introducing it sciences industry and another, the Dutch the lines of the Young Texans Caucus, year after year. Caucus, nurturing long-term business, and part of a network called State Future The Hawaii Legislature, for example, civic and cultural relationships between the Caucuses, whose stated goal is to “break last year passed a bill ensuring that women Netherlands and the western region of the through partisan gridlock and create a who are victims of sexual assault are pro- state. more constructive governing environment vided with “accurate, unbiased informa- In Texas, 16 legislators banded together for the next generation.” tion” about—and access to—emergency in 2012 to create the Farm-to-Table Cau- In Maine, where there are now 13 legis- contraception when receiving care at hos- cus, which supports the production and lators under age 30, the newly established pitals. It had taken nearly two decades for wider availability of home-grown foods, Youth Caucus works to broaden educa- the measure to gain acceptance, says Sena- craft beers and regional wines. Lawmak- tion, training and employment opportuni- tor Rosalyn Baker (D), a 21-year legislative ers in Hawaii and North Carolina last year ties for the state’s young people. veteran, adding, “We just established similar groups. Similarly, the PA Future Caucus, estab- kept at it.” The year-old TechHub Caucus in lished last year by and for Pennsylvania’s In Nevada, the 10-member Massachusetts aims to further the state’s under-35 legislators, has set its sights Hispanic Legislative Caucus national and global leadership in the Big squarely on working across the political recently scored victories on Data sector, which includes a range of divide to get things done. two measures that had died advanced high-speed computing indus- The tendency of millennials to vote and in committee for several years Senator tries and data-analysis companies. And in otherwise engage in politics at a lower rate running. One is a $50 million Rosalyn Baker Washington, a Competitive Caucus was than older citizens, says Representative program underwriting, for Hawaii

OCTOBER/NOVEMBER 2015 26 STATE LEGISLATURES the first time, English-language-learning programs in the state’s school districts. The other is a law allowing immigrants in the country illegally to obtain a driv- er’s privilege card, if they carry auto insurance. “I wasn’t sure these things would happen in my legislative career,” says Senator Mo Denis (D), who was the only His- panic in the Nevada Legislature when he was elected in 2004. “The His- panic community is start- ing to come of age.” Senator The recent successes Mo Denis Nevada resulted from better strategies on the part of the caucus, coupled with movement into leadership positions by Denis and several other caucus members, says Andres Ramirez, who runs a political consulting firm in Las Vegas. In years past, the Hispanic caucus largely touted its ability to stymie what it viewed as anti-immigrant legislation, Ramirez says. More recently, the cau- cus has moved from defense to offense, and managed to change the legislative conversation, he says. “The tone of the past two sessions has been not about how to harm or exclude Latinos, but how do we help them and incorporate them in this state,” Ramirez says. “That’s a dramatic and tectonic shift.” Not all caucuses will effect change on such a scale, of course. But in join- ing forces, often across party lines, legislators are finding ways to make progress on goals that otherwise might be impeded by partisanship or inertia. Their flexibility to coalesce and dis- More Americans turn to doctors of optometry than any other eye care professional. solve as needed can infuse caucuses With a four-year, doctoral-level clinical degree following college and with a sense of purpose, the urgency of extensive training, optometrists are licensed to correct vision, but they also diagnose a mission, not to mention the strength and treat eye diseases. And as the need for new advancements in eye care of numbers. continue, count on optometrists to offer the most comprehensive eye care. Considering the success these coali- tions have enjoyed since the early days Learn more at AmericasEyeDoctors.org of the republic, and the appeal they have for a new generation of lawmak- ers, they’re likely to remain a fixture on the legislative scene for quite some time.

color palette 1 TOOLBOX Everyday Creativity

Practice innovation believe the times demand new invention, innovation, imagination, decision,” like any other skill John F. Kennedy said in his Democratic acceptance speech in 1960. Fifty-five and unleash the I years later, innovation continues to be a problem-solving perennially hot topic in public policy circles, as state legislatures seek fresh ideas for lever- genius of your staff. aging scarce resources and better serving the public in a rapidly shifting world. “A changing society requires a changing legislature,” says Mary Quaid, executive direc- boost their chances of achieving key insights, tor of House Legislative Services in Louisiana. smart solutions and, yes, innovation. BY JAIME RALL “And change—particularly cost-effective change—requires great creativity.” 1. Plan time for creativity. Legislative staff, in particular, are often In hectic legislative settings, one of the called upon to use their creativity to improve biggest steps toward encouraging creativity the policymaking process. Every day, staff can be just setting aside the time and space across the country encounter thorny problems for it to happen. Good legislative staff are by that need creative solutions—whether it’s how nature creative, Quaid says. “So to encourage to draft an effective bill, balance new tech- creativity in the legislative environment simply nologies with rich traditions, attract talented requires the encouragement of staff members young people into legislative careers or con- and their ideas.” dense mountains of research into something “We spend time in our meetings where the clear and engaging. staff talk about projects they’re working on “To me, creativity in the legislative environ- and I’ll say, ‘What do you think is a better ment means enhancing the process so that it is way to do it?’” Schaar says. “It’s got to come more open and transparent to the public,” says from the top down. You’ve got to allow peo- Susan Schaar, clerk of the Virginia Senate. “As ple time to collaborate with each other, and legislative staff and the people who deal with review, and bounce ideas off each other.” the process on a day-to-day basis, it’s up to us Making time for creativity doesn’t have to look for better ways to make it work.” to involve a big change. In Connecticut, for To spark valuable new ideas, staff leaders example, staff now discuss new ideas at the are working to encourage creativity within start of their weekly meetings, when minds their own walls—not as a rare miracle of inspi- are fresh, rather than at the end. “I definitely ration, but as an everyday skill that anyone see the change in how we talk about things can develop. because of that little tweak,” says Tamburro. “It’s a bunch of little things you can do, In Virginia, Schaar says, the interim not just a big wave of the wand, that will help between sessions offers downtime to reflect spark creativity among legislative staff,” says on what happened during the last session and Jim Tamburro, human resources adminis- what improvements could be made for the trator for Connecticut’s Office of Legislative next one. She and her staff ask themselves: Management. “But you’ve got to be com- “Are we missing the boat? Are we doing that mitted to it. You can’t just go through the because it’s the way it’s always been done? motions.” “For us, the best time is when we actually Jaime Rall is a freelance contributor to State By taking some of these simple steps to have time to sit and talk about the things we Legislatures and a former NCSL staffer. nurture creativity, legislative institutions can encountered during the session,” she says.

OCTOBER/NOVEMBER 2015 28 STATE LEGISLATURES TOOLBOX

2. Make it safe to offer new ideas. Don’t forget about the perspectives that Puzzles to Ponder Encouraging staff to be creative can come from within your own staff. In Don’t know where to start? Try these “implies listening to their ideas,” Quaid Connecticut, the legislature’s long-stand- classic brain teasers to get your creative says. “Hopefully, age and experience have ing staff training program has spurred juices flowing. helped me become a better listener.” creativity by bringing together staff who Some staff are more eager than others have different roles and skill sets. “Meet- 1. With only a small candle, a box of to participate in creative problem-solving, ing with people from outside your usual thumbtacks and a book of matches, how says Schaar. “Some hesitate, they don’t work environment, who have a different would you affix the candle to the wall so want to get in trouble.” So Schaar tries perspective, can get you thinking in a new that when lit, it doesn’t drip wax onto a to create an accepting atmosphere that direction,” says Tamburro. “It also helps,” table below? encourages staff to pursue their ideas even notes Quaid, “to have a diverse staff, one when she doesn’t agree with them. with different backgrounds, interests and 2. Find a fourth word that connects each set of unrelated words below. For “If you want people to grow and step abilities, and to embrace their differences.” example, for “falling - movie - dust,” a out of their comfort zone,” Tamburro correct answer is “star,” as in “falling star,” adds, “you have to encourage them to take “movie star” and “stardust.” their ideas a little further, so they feel that palm – shoe – house it’s OK to try something.” wheel – hand – shopping Similarly, conducting “safe” brain- fly – clip – wall storming sessions, where staff are encour- dress – dial – flower aged to generate lots of suggestions with- out immediately critiquing them, can bring 3. The legendary runner Flash Fleetfoot out some of the most innovative solutions. was so fast that his friends said he could “It’s important to keep the door open,” turn off the light switch and jump into bed before the room got dark. On one Schaar says. “Provide an open atmo- occasion Flash proved he could do it. sphere for discussion and suggestions, and How?

encourage people to come forward with He went to bed during the day. the during bed to went He 3.

tree, cart, paper, sun paper, cart, tree,

those ideas. If we want to attract young, 2. bright people, we need to produce that match. the with it light

kind of atmosphere.” then box, the into candle the put wall, the thumbtacks to fasten the box to the the to box the fasten to thumbtacks the

Empty the box of thumbtacks, use use thumbtacks, of box the Empty 1.

: 3. Seek a variety of viewpoints. Answers If you’re stuck in a rut, creativity can be 4. Embrace and learn from sparked by getting a fresh point of view. “I mistakes. an opportunity to learn from what went have encouraged my staff to take advan- Laszlo Bock, head of Google’s peo- wrong. One staff project just “didn’t flow tage, every time they have a chance, to talk ple operations, urges leaders to “reward smoothly,” Schaar says. “But they went to their counterparts in other states and thoughtful failure.” Leadership expert back to the drawing board and said, ‘OK, get ideas,” Schaar says. Bringing in guest Kevin Cashman says that “being willing this didn’t work, so how can we make speakers, going on field trips, role-playing to risk failure for the sake of learning” is it work?’ and came up with an alterna- with experienced colleagues, asking staff integral to innovation. And in his book tive solution. And that’s what I think is to answer “what if” and “why” questions “Creativity, Inc.,” Pixar co-founder and important.” and attending trainings and conferences president Ed Catmull warns, “If you aren’t also can help. experiencing failure, then you are making 5. Praise successes, reward taking Exchange programs are another a far worse mistake: You are being driven risks. resource. In Virginia, Schaar has sent by the desire to avoid it.” Celebrating the success of creative solu- more than half her staff on trips arranged “If you don’t have people taking tions is a great way to both honor staff by the American Society of Legislative risks, that’s a roadblock to creativity,” and recognize the worth of innovation. In Clerks and Secretaries to observe another Tamburro says. “So we try to create an Virginia, Schaar says, legislators acknowl- state’s legislature for a week. One came environment where staff feel comfortable edge when staff creativity helps the law- back from Delaware with the idea of using trying different approaches to things and making process and when staff receive iPads instead of bill books. “We were where they know it’s OK if they fail. The national awards for their leadership. able to eliminate six positions during the more staff feel supported, the more cre- Whether it’s a formal honor or a simple session and save between $30,000 and ative they can become.” “shout-out” in a staff meeting, showing $40,000,” Schaar says. And the staffer who Encouraging creativity can be especially appreciation for creativity can go a long brought back the idea? “He was excited!” important when an idea fails, as it presents way toward inspiring it.

STATE LEGISLATURES 29 OCTOBER/NOVEMBER 2015 NCSL Capitol Forum December 8–11 | Washington, D.C.

• Learn the latest on important state-federal issues. • Be a voice for your state on Lobby Day on Capitol Hill. • Connect with legislative colleagues from across the nation.

REGISTER NOW AT NCSL.ORG/FORUM THE FINAL WORD Karl Aro NCSL Staff Chair

arl Aro, NCSL’s new staff chair, has 36 years of experi- How has legislative service evolved? ence as a bill drafter, research analyst and a director Computerization has changed the landscape dramatically. with Maryland’s Department of Legislative Services. He The fact that we can do so much more, so much more Kwas born in Brooklyn, raised in New Jersey and earned quickly has sometimes created unrealistic time expectations. a bachelor’s degree in government and politics from Monmouth It still takes a human mind to figure out the best way to draft University in New Jersey and a master’s in public administration a bill, for example, or to analyze a particular problem and to from the University of Maryland. He has worked in several policy check the facts. areas including health, workers’ compensation, environment, elections, but is best known for his work in redistricting and Where do you look for inspiration? reapportionment. Music and nature. I can always find something of value in lyrics. One of the songs that What life lessons have you learned working in a influenced me early on was John Lennon’s legislature for 36 years? “Imagine,” but there’s so much good stuff What appears to be easy isn’t. It’s difficult to achieve out there. I’m a big fan of a band called compromise. It’s hard to communicate clearly. It’s Twenty One Pilots. I also find inspiration challenging to get your ideas or the information in the beauty of our natural world by just needed out there. Nothing is simple. reflecting on the wonder of it all.

What advice would you give to new staff? How would your staff describe The greatest asset you have is your credibility. Stay you? organized, be honest and make sure your work is on I hope they would describe me as fair, time and accurate. And if you don’t know an answer, supportive and caring. I try to be available don’t fake it; there are way too many people out there to them, and I look for ways to support who know the answers. Say “I don’t know, but I will find that work-life balance everybody’s looking out” and then find the answer—fast. for. When we’re not in session we allow people to telework and equip them to do What are your priorities as NCSL staff chair? that. As long as staff are available during the We need to continue to provide value-added, useful day and productivity doesn’t suffer, I like to give information and reliable resources, primarily through them as much flexibility as I can. I think it makes electronic media. We have to stay current. But even for much happier and more loyal employees. NCSL though we can do a lot of work through electronic media, we shouldn’t do it at the cost of face-to-face, personal- Which books are on your nightstand? contact opportunities. With so many ways available “When Will Jesus Bring the Pork Chops,” by George to reach legislators—through Facebook or Twitter Carlin, and “I Am America (And So Can You!),” by Capitol Forum or whatever—the challenge becomes distinguishing Stephen Colbert. I just finished reading “Hellhound ourselves, making sure our members understand that we on His Trail,” by Hampton Sides, about James Earl are the most reliable source. Ray and the stalking of Martin Luther King Jr. It’s an December 8–11 | Washington, D.C. incredible story. What do legislative staff wish lawmakers understood? What might surprise people to find out about From a nonpartisan staff perspective, that we always you? • Learn the latest on important state-federal issues. make our best professional effort. We care about the I’ve worked in a patio umbrella factory and was an legislative institution. We want to help lawmakers make exterminator. I know how to do a termite job. I come • Be a voice for your state on Lobby Day on Capitol Hill. good decisions by giving them the information they from a blue-collar background, and know what it’s like, need. We don’t have a dog in the hunt. I just wish they as they say, to work for a living. • Connect with legislative colleagues from across the nation. all understood that as fully as I think they ought. I think most do. Some don’t. Do you have any final words you’d like to share? Working for a legislature has been an incredible experience. Being part of this ongoing pageant of REGISTER NOW AT Jane Carroll Andrade, a contributing editor to the representative democracy and being able to contribute to magazine, conducted this interview. it in some way has been a great privilege.

NCSL.ORG/FORUM STATE LEGISLATURES 31 OCTOBER/NOVEMBER 2015 America’s Diabetes Challenge: Get to Your Goals is a program from Merck and the American Diabetes Association that urges people with type 2 diabetes to pledge to work with their doctor to set their individual A1C goal and maintain it. Through the program, people can also learn if they are at risk for hypoglycemia and how to help reduce that risk. The program encourages friends and caregivers to help support the nearly 30 million Americans living with diabetes by challenging their loved ones to take the pledge.

“I’ve seen first-hand how type 2 diabetes impacts Americans from all walks of life. It’s affected my family, friends and fans. I’m a strong believer in making healthy choices, so I’m encouraging all Americans to join me and challenge their family and friends with diabetes to work with their doctor to get to their A1C goal. Together, we can make a difference.” - TIM MCGRAW

TIM McGRAW

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