JUNE 2020 | VOLUME 29, NO. 5 THE COUNCIL OF STATE GOVERNMENTS | MIDWESTERN OFFICE

As election nears, states prepare What’s at stake in fall elections Partisan Control of state legislatures

for big changes in how people vote *

In parts of Midwest, primaries had record-high numbers of individuals vote by mail

by Tim Anderson ([email protected]) receive a mailing to make them aware percent of the ballots cast came * of this option, and then will receive an from absentee mailings; that is very, n the weeks leading up to Nov. absentee-ballot application. very high for us,” says Iowa Secretary 3, Illinois will be preparing for a All of those changes are the result of State Paul Pate, whose office general election expected to be like All seats in lower chamber, some seats in I of SB 1863, legislation passed earlier sent absentee-ballot request forms upper chamber none other in the state’s history. this year to help authorities in Illinois to every active registered voter in All seats in lower and upper chambers That date will be a state holiday, in conduct an election in the midst of advance of the June election. part to help secure alternative polling a public health crisis, the COVID-19 “Those high numbers [of absentee All seats in lower chamber, no seats in sites as some locations become pandemic. ballots] made our polling sites on upper chamber unavailable due to pandemic-related “The law is for one year only, and the day of the election much more health concerns. Some seats in unicameral legislature that gave people more comfort manageable, in terms of keeping On Election Day, individuals as in knowing that it was a one-time voters and poll workers safe.” Some seats in lower and upper chambers young as age 16 will be poll workers, change,” says Illinois Sen. Julie Other states also were reporting and election officials will have the Morrison, who helped lead legislative * Indiana and North Dakota also have races for historic numbers of votes cast via governor that will be decided in November authority to administer curbside efforts on SB 1863. voting. absentee ballot (mostly by mail) — And perhaps most noteworthy of three-quarters of the total votes in Midwest’s Congressional delegation all, the state is likely to have a huge ‘INEVITABLE INCREASE’ Nebraska and Wisconsin, for example, jump in the number of people who Across the Midwest, big changes while all of North Dakota’s counties vote by mail. Every person who has already have occurred in 2020, the used their existing authority under voted over the past two years will result of primaries being held when state law to hold vote-by-mail * people were being elections. * told to socially “I think the big picture from the * distance, avoid primaries is that vote-by-mail is * * crowds and stay inevitably going to increase,” says home whenever Amber McReynolds, CEO of the possible. National Vote at Home Institute. In Iowa, for “It’s not up to politicians or elected All of state’s U.S. House seats, one of state’s example, the June 2 officials at this point. People are two U.S. Senate seats (South Dakota only primary had record choosing to vote this way.” has one U.S. House seat) turnout — though State policies, though, can make a All of state’s U.S. House seats, none of state’s a much smaller big difference. McReynolds is a former two U.S. Senate seats (North Dakota only number of voters local elections official in Colorado, has one U.S. House seat) actually went to the one of a handful of states where every * In the race for president, Iowa, Michigan, polls. registered voter is mailed a ballot (not Minnesota, Ohio and Wisconsin are commonly “Close to 80 just an application). In 2016, close to listed by polling sites as key “swing” states

COVER STORY CONTINUED ON PAGE 7 Inside this issue

CSG Midwest Issue Briefs 2-3 Question of the Month 5 Capitol Insights 8-9

• Agriculture & Natural Resources: New Minnesota law aims • What steps have states taken to encourage the use of • Profile: Minnesota to help stave off farm bankruptcies through mediation employee stock ownership plans by businesses? Senate Assistant Majority Leader Karin • Criminal Justice & Public Safety: Across Midwest, new Housley laws demand more data to drive policy reforms Capitol Clips 6 • FirstPerson article: • Health & Human Services: Moratoria on utility shutoffs • From bans on chokeholds to new ways of prosecuting police Wisconsin Senate were widespread in the spring, but next steps are unclear wrongdoing, states re-examine laws on law enforcement President Roger Roth • Economic Development: States face long road to recovery, • In Saskatchewan, wage on how his state executed a virtual session this spring and challenges include helping displaced workers supplement helped essential workers during pandemic CSG Midwest News 10 Around the Region 4 • Michigan enters next phase of • Great Lakes-St. Lawrence Legislative Caucus secures grant plan for citizens to redraw state’s • States ramp up investments in contact tracing to ‘box in’ to continue work on protecting region’s water resources political maps COVID-19, including North Dakota’s early use of an app • Indiana provides financial bridge BILLD Page 11 Capital Closeup 5 for individuals transitioning from public health insurance to private • Graduates of CSG’s Bowhay Institute for Legislative • Use of legislative auditing, power of committees help coverage Leadership Development share their perspectives on the ensure oversight of states’ executive branches importance of civil discourse CSG MIDWEST ISSUE BRIEFS

Agriculture & Natural Resources Minnesota responds to rise in farm bankruptcies with change in law requiring creditors to offer mediation

by Carolyn Orr ([email protected]) neutral facilitator. (The creditor must Between April 2019 and March # of Chapter 12 farm bankruptcies take part in the mediation if the farmer 2020, there was a 23 percent o get three major pieces of wants it.) increase in Chapter 12 filings between April 2019 and March 2020 legislation passed with unanimous Early in the year, a broad grassroots compared to filings the previous Tor near-unanimous votes can be a movement of farmers began year. The Midwest (and Wisconsin’s 0 challenge at any time. approaching legislators to extend the dairy farmers, in particular) has In Minnesota this year, lawmakers time allowed for mediation. The old law been especially hard hit. 35 found a way to get that done in gave the two sides 90 days to reach an Along with this adjustment 17 78 agriculture policy under some agreement. in the Farmer-Lender Mediation 16 unforeseen, exceptional circumstances But with this year’s passage of HF Act, Minnesota legislators came 37 — having to conduct business remotely, 41 4599, legislators extended the mediation to broad agreement on new 12 and in a Legislature where partisan 13 12 time to 150 days or Dec. 1, whichever is agriculture-focused appropriations control is split. later. This provides time for markets to “By building relationships across (HF 4490) and policy (HF 4285) bills. 33 recover or for additional federal aid to Poppe cites two key provisions in the aisle, in the other chamber and reach farmers, at a time when already- with staff, we were able to identify those measures. Sources: American Farm Bureau Federation and data from challenging market conditions have First, the state will continue U.S. courts everyone’s priorities and get to the right been compounded by the impacts of end results,” says Rep. Jeanne Poppe, to fund farm-safety grants that the COVID-19 pandemic. For help farmers install new rollover who serves as the chair processing plants to expand operations example, some producers protective structures on older tractors of the House Committee in order to handle the backlog of have had to dump milk or (at a state matching rate of 70 percent) on Agriculture and Food livestock due to the closure of major euthanize livestock because and invest in new safety features for farm Finance and Policy. processing facilities; of processing and marketing work in and around grain safety bins Perhaps the most issues. • expansion of state Department of impactful and unique piece (state matching rate of 75 percent). Poppe credits the outreach Agriculture programs (using a portion of legislation — especially Second, lawmakers added statutory of constituents early on of new federal COVID-19 relief funds) considering economic language extending immunity to for the unanimous votes in to improve mental health services and conditions in the agricultural veterinarians who report suspected both chambers in favor of suicide prevention programs; and sector — was a modification cases of animal abuse to authorities. Minnesota Rep. HF 4599. This bill was signed • modification of a disaster-relief of Minnesota’s Farmer- “Farm safety grants and the veterinary Jeanne Poppe into law in May. immunity legislation had been included program for farmers so that assistance Lender Mediation Act. This can be provided based on revenue losses law dates back to 1986, Farmer-mediation statutes in previous legislation, and while it was due to “contagious animal disease” or “an and it gives farmers the also exist in states such as frustrating that all negotiations had infectious human disease.” opportunity to renegotiate, restructure Iowa, Nebraska and Wisconsin. to be done over the phone or email, or resolve farm debt through mediation. These types of measures were passed relationships that were built during Under the law, creditors cannot collect as a result of the farm crisis of the 1980s, the budget negotiations of 2019 were Minnesota Rep. Paul Anderson and Illinois a debt against an agricultural property and they are just as important now. important in both chambers coming to Rep. Norine Hammond serve as co-chairs of the Midwestern Legislative Conference until an offer of debt mediation has been Chapter 12 bankruptcies have been the final agreements,” Poppe says. rising since 2014 due to agriculture Other significant legislative Agriculture & Natural Resources Committee. extended. The vice chair is North Dakota Sen. Jim producers experiencing low commodity agreements this year in Minnesota: Farmers then can either refuse or Dotzenrod. Carolyn Orr serves as CSG accept the offer. If the latter is chosen, prices, growing levels of farm debt and • establishment of a grant program for Midwest staff liaison to the committee. mediation is then executed by a trained extremely volatile weather conditions. independently owned meat and poultry criminal justice & public safety New state laws, court initiatives identify better data sharing as path to better policymaking in justice system

by Mitch Arvidson ([email protected]) comes to trial, how long were they in jail before they saw a public defender “Legislators and the court system hen a county in Indiana Rep. if they couldn’t afford an attorney. Randy Frye’s district proposed “Those are facts that we don’t have will be able to see if there is Wa tax increase to build a new today.” significant disparity in how jail in order to relieve overcrowding, That pursuit of facts, through data his constituents balked. After noticing collection, to inform decision-making someone is handled for their opposition to the tax increase, he on criminal justice policy has led to wanted to get to the root of the issue. a series of actions in the Midwest’s Indiana Rep. a similar offense.” “The question was, Why is the jail states. Randy Frye overcrowded? And when I went to find Last year, for example, Iowa out, there wasn’t any data available, it’s legislators established a Justice always an opinion,” Frye says. “I didn’t Advisory Board (HF 634) whose duties (This committee was established by LB comprehensive way. feel like I could competently address the include providing for a “clearinghouse of 605, a bill that came out of work led in • Wisconsin’s Criminal Justice issue.” justice system information” and assisting part by The Council of State Governments’ Coordinating Council, whose work Since most data were collected by policymakers in using the data. Justice Center.) includes mapping existing criminal cities and counties, and not shared In North Dakota, law enforcement Illinois, meanwhile, will begin to track justice data systems and identifying between jurisdictions, it wasn’t there for agencies must now share information on how many people are in the state’s opportunities for improvement. a statewide view. So he introduced HB cases involving “missing and murdered county jails, how long they are in jail, • The Ohio Supreme Court’s 1346, which became law in March and indigenous people” (the result of HB and how quickly dockets are cleared. disbursement of grants (via the state’s requires all Indiana jails to contribute to a 1313), and the state Supreme Court Illinois Supreme Court Chief Justice Anne Courts Technology Initiative) to improve new database that measures who is in jail, and Department of Human Services Burke proposed this kind of tracking data sharing and collection. why they are, and for how long. are sharing data to better serve youths system earlier this year, and the General “Legislators and the court system will involved in the juvenile justice and child Assembly approved the $1.6 million be able to look at the data and be able welfare systems. North Dakota Rep. Shannon Roers Jones and to see if there is significant disparity from Five years ago, Nebraska lawmakers request in its budget. Other examples Illinois Sen. Mattie Hunter serve as co-chairs of the Midwestern Legislative Conference county to county in how someone is created a new legislative Committee on from the Midwest include: Criminal Justice & Public Safety Committee. handled for a similar offense, how long Justice Reinvestment Oversight. It collects • An initiative in South Dakota that, for The vice chair is Indiana Sen. Michael Crider. the sentence is vs. the other 91 counties,” and analyzes data from counties and several years, has allowed county sheriffs Mitch Arvidson serves as CSG Midwest staff Frye says. “We also need to know how relevant state agencies to monitor the and other law enforcement agencies to liaison to the committee. long folks are in jail before their case performance of the state’s justice system. share information and track records in a

2 STATELINE MIDWEST | JUNE 2020 Health & human services Utility shutoff moratoria serve a public health need in pandemic, but what will happen when they expire?

by Jon Davis ([email protected]) Gov. Eric Holcomb’s executive order, be played, Meyers says, “I think that’s a for example, set a moratorium for the good question and it’s something we’ll State Actions in the spring to prevent s the COVID-19 pandemic took duration of the COVID-19 emergency. be looking into.” Utility shutoffs due to unpaid bills hold and states and provinces Twenty-three states made such Michigan has been using part of its Abegan shutting down in March, moratoria “voluntary” — asking utility federal CARES Act allocation to pay many either required or called for halts companies to refrain from shutoffs utility bills for low-income residents. on utility shutoffs due to non-payment during the pandemic, in much the same There, direct support payments are of bills for the duration of the public way that many already offer seasonal made to households that have past- health emergency. shutoff moratoria to avoid cutting off due accounts of 90 days and that meet But as economies reopen, questions service in winter cold or summer heat. other eligibility requirements. The arise: When should these state-imposed But Wisconsin Rep. Beth Meyers, three largest utility providers, in turn, moratoria be lifted? What happens then? ranking member on the Assembly’s waive 25 percent of the outstanding “For people who are frail or in poor Energy and Utilities Committee, says she bill for households receiving the direct health, it’s a matter of life or death,” John fears a new crisis as utility customers payment. This allows for available Auerbach, president and CEO of the realize that their bill payments were Low Income Home Energy Assistance nonpartisan Trust for America’s Health, says deferred, not forgiven. Program resources to assist more Utility shuto moratoria by executive order about having access to water, heat and air Her legislative colleagues, as well as families. conditioning. In Saskatchewan, the interest on Utility shuto moratoria are voluntary officials from large utilities “We’re really talking about late bill payments was waived for up such as Xcel and small rural Source: National Association of Regulatory Utility Commissioners what people need to survive.” to six months. The province of Alberta co-operatives, are beginning to With residents being allowed utility customers to defer ask how people will pay their told to stay home by their electricity and natural gas payments the Midwest’s largest city is an example utility bills once the moratoria governors, and the U.S. until mid-June, while Manitoba Hydro of why utilities are crucial to maintain Centers for Disease Control are lifted. Her hope is that suspended disconnections “until further basic health, Auerbach says. And without and Prevention urging hand- the Wisconsin Public Service notice” and late payments for six months. water, people quickly develop basic washing to deal with a highly Commission and the utilities According to Canadian Urban survival issues from dehydration to poor contagious virus, all states find a way to help customers Sustainability Practitioners, all electric sanitation, he adds. took action earlier this year Wisconsin Rep. struggling with payments. and gas utilities in Ontario suspended to prevent utility-service Beth Meyers That happened in Illinois, disconnections after talks with MPP Greg Kansas Rep. Susan Concannon and Iowa disruptions. where a plan negotiated by Rickford, who is the province’s minister of Rep. Shannon Lundgren serve as co-chairs Moratoria were declared Attorney General Kwame Raoul, energy, northern development and mines. of the Midwestern Legislative Conference in 27 states, almost entirely within Chicago Mayor Lori Lightfoot, utilities Twenty-five years ago, a heat wave Health & Human Services Committee. The vice chair is Minnesota Rep. Jennifer gubernatorial declarations of emergency, and customer advocacy groups was killed 739 people in Chicago who either Schultz. Jon Davis serves as CSG Midwest announced in mid-June. according to the National Association of didn’t have air conditioning or couldn’t staff liaison to the committee. Regulatory Utility Commissioners. Indiana Whether there is a legislative role to afford to run it. That deadly summer in economic development Double whammy from double-digit unemployment: Decline in revenues, rise in need for worker retraining

by Laura Tomaka ([email protected]) that trends in economic growth will that promote “work sharing,” take the form of an asymmetric V, “a an unemployment benefit that U.s. job losses, by economic n May, trends in U.S. unemployment very sharp downturn going into the V, gives employers an alternative appeared to take a positive turn, one and then very shallow slow growth out to laying off workers when sector, between March and April Iunexpected by many economists. of it.” business is slow and/or cost cuts And as the Midwest’s legislators State-specific data collected by are needed. LEISURE & learned on a webinar that same Upjohn shows just how low the bottom According to the U.S. -7.5 MILLION | HOSPITALITY month, changes in this closely watched of that “V” was in the early weeks of the Department of Labor, Iowa, economic indicator have huge impacts pandemic: Between March 15 and May Kansas, Michigan, Minnesota, RETAIL TRADE on states’ bottom lines. 14, total unemployment insurance claims Nebraska, Ohio and Wisconsin -2.1 MILLION | “When the national unemployment exceeded 38 million, accounting for 24 are among the states that rate goes up by one percentage point, percent of the labor force. Michigan was already have work-sharing there are budget shortfalls across all among the three U.S. states where more programs established in law. -1.4 MILLION | HEALTH CARE states of about $45 billion,” Michael than one-quarter of its labor force filed Along with Horrigan, leaders Horrigan, president of the W.E. Upjohn initial unemployment claims. of JobsOhio (the state’s Institute for Employment Research, Occupations requiring the lowest level private, nonprofit economic -1.3 MILLION | MANUFACTURING said during the webinar hosted by the of education experienced higher levels development corporation) Midwestern Legislative Conference of unemployment during this period. For joined legislators on the webinar Economic Development Committee. example, in Minnesota, jobs requiring to discuss how Ohio is managing -975,000 | CONSTRUCTION “The other estimate that we’ve come up less than a college degree represent a three-stage economic Source: W.E. Upjohn Institute with is that if a state unemployment rate about 60 percent of the labor market, response to the pandemic: relief, goes up by one percentage point, states but these workers accounted for about restart and recover. Part of the lose about 7 percent in tax revenue.” 70 percent of unemployment claims. recovery stage, they said, will “Unless states get more aid from the Though the May numbers were In some cases, workers’ jobs are gone be identifying sectors expected to thrive federal government,” he said, “they are promising — the result of factors such as for good. and need more workers. going to be in a position of having to the end of stay-at-home orders, business “[They’ll] need to find other “We’re assessing the effectiveness of cut back severely the services that they reopenings and an influx of federal dollars occupations and be retrained,” Horrigan any of the new programs that we put provide or increase the tax revenues they that, in part, encouraged businesses to said, noting that they otherwise risk in place, and we’re trying to remain take in.” retain workers — unemployment rates becoming long-term unemployed. nimble,” said Matt Waldo, director of remain historically high. “This is going to put a high amount research and analysis for JobsOhio. “There’s going to be a slower rebound of pressure on state workforce For all states, Horrigan said, Nebraska Sen. John McCollister and Ohio as firms reopen cautiously and change development agencies in terms of continued congressional assistance will Rep. Dave Greenspan serve as co-chairs their business model,” Horrigan said, trying to help those folks get back into be vital. He suggested tying federal aid of the Midwestern Legislative Conference Economic Development Committee. The “but also as consumers themselves gain meaningful employment.” to state and local governments based vice chair is Indiana Rep. Karlee Macer. confidence in terms of doing things that In addition to emphasizing the on monthly jobless rates, for example, Laura Tomaka serves as CSG Midwest staff require any sort of on-site presence.” importance of retraining, Horrigan while also addressing shortfalls in state liaison to the committee. Over the longer term, he predicted touted the promise of state initiatives unemployment insurance systems.

STATELINE MIDWEST | JUNE 2020 3 AROUND THE REGION

Covid-19 contact tracing has states in estimated # of COVID-19 contact tracers needed in midwest launching new apps, hiring new Midwestern states workers and addressing privacy concerns State # of contact tracers Illinois 3,861

o keep people safe, stay ahead of COVID-19 “It’s a very powerful tool” that gives a tracer much Indiana 2,051 infection rates, and allow for the continued more accurate information than hoping someone Tloosening of “stay at home” restrictions, many recalls their every step, says Vern Dosch, a 45-year Iowa 961 states are trying to heed the advice of public health veteran of the telecommunications and rural electric Kansas 888 experts — ramp up contact tracing programs. industries who was tapped by Gov. Doug Burgum to “There’s a real urgency in this … because we’re re- be North Dakota’s contact-tracing administrator. Michigan 3,043 opening society,” says Dr. Marcus Plescia, chief medical “When you get the call that you’re positive and officer for the Association of State and Territorial Health a contact tracer will be calling … it’s really hard to Minnesota 1,718 Officials. “We’ve already seen new surges in COVID-19 remember everywhere you’ve been in the last 14 days,” cases.” Dosch adds. Nebraska 589 The idea is to isolate, or “box in,” the coronavirus so it North Dakota will also offer a contact tracing app North Dakota 232 can’t spread. being developed jointly by Apple Inc. and Google’s With contact tracing, local or state health parent company, Alphabet Inc., he adds. Once that Ohio 3,561 departments track the movements of people who have happens, the new app will be called CARE19 Exposure tested positive for COVID-19 in order to find everyone while the existing app will be renamed as CARE19 Diary. South Dakota 270 The province of Alberta, too, launched an app, who could have been exposed. Those exposed Wisconsin 1,774 individuals are then contacted, tested and, if they test ABTraceTogether. Information is stored for 21 days and positive, put into isolation and treatment for 14 days is not shared without permission. Saskatchewan offers * Numbers are based on two factors: 1) a state’s share before a retest. an online self-assessment tool to help people determine of the U.S. population; and 2) an estimate that 100,000 contact investigators are needed in the United States to At least 100,000 contract tracers will be needed whether they should get tested for COVID-19. rapidly identify, contain, support and retest individuals nationwide to provide effective tracing efforts, who are infected and have been exposed. according to a study released in May by the Association NEW LAW IN KANSAS ON PRIVACY Source: Association of State and Territorial Health Officials, of State and Territorial Health Officials. “A Coordinated, National Approach to Scaling Public Health An early version of North Dakota’s CARES19 was found Capacity for Contact Tracing and Disease Investigation” “Because restarting society involves some risk of to be sending the anonymous code and an “advertising further COVID-19 infection and transmission, the ability identifier” to third parties, including Foursquare and of local and state health agencies to quickly identify, Google. Although Foursquare said the app uses the free isolate, track and alert potential exposures and the version of its software, which meant that information U.S. Centers for Disease Control and capacity of the health care system to handle new cases was discarded, Dosch says newer versions of the app or ‘surge’ is vital to any reopening plan,” the paper said. addressed those privacy issues. prevention’s principles for state, Concerns about that kind of information gathering local contact tracing programs MIDWEST STATES’ STEPS SO FAR recently led Kansas legislators to approve the “Contact Tracing Illinois’ budget (SB 264) appropriates $800 million  Case investigation is part of supporting patients Privacy Act” (part of HB 2016), for contact tracing and testing ($600 million of which with suspected or confirmed infections; public at the request of Attorney health staff works with the patients to recall comes from the state’s portion of federal funds via General Derek Schmidt. everyone who may have been in contact with them the CARES Act), while Michigan’s SB 151 includes $10 He proposed it in response million in state funds for contact tracing in addition to to concerns raised after news  To protect privacy, contacts are only told they the state’s share of federal funding for such efforts. reports suggested the Kansas may have been in touch with someone who has the In Minnesota, in early June, legislators were working Department of Health and infection; they are given information and support on HF 4579, which would establish a state contact Environment may have been and told how to isolate themselves tracing program and appropriate $300 million for it: using cell phone location data • $228 million to hire, train and employ tracers, to track COVID-19. In addition, Kansas Attorney General  Contact tracers must be properly trained and Derek Schmidt • $30 million each for technology and local health some residents of Linn County, supervised to understand patient confidentiality departments, Kan., filed a lawsuit over local and medical terminology contact tracing practices. • $5 million for public education, Under Kansas’ new law,  Contact tracers must have excellent interpersonal • $4 million to Native American nations for their participation in contact tracing must be voluntary and and interviewing skills, as well as cultural sensitivity contact tracing efforts, and information cannot be collected through cell phone and competency; they must also know basic skills of crisis counseling • $3 million for short-term employees to help launch tracking (which seemingly excludes use of a CARES19- the program. style app). Any information collected that way cannot be used by state agencies.  Case investigators and contact tracers must Wisconsin Gov. Tony Evers in May announced a $1 The act also requires that contact tracing information understand that time is of the essence; infected billion COVID-19 testing and contact tracing effort, to be be kept confidential, and safely and securely destroyed people and those in contact with them must be paid for by federal CARES Act funds. when no longer needed. Collectible information will identified, warned and connected to services as North Dakota’s Legislative Council in May approved be determined by the Kansas secretary of health and quickly as possible a request from the Department of Health to boost environment “through the open and transparent its authority to spend federal funds by $5 million, in process of adopting formal rules and regulations.”  Based on current knowledge, close contact is order to accept and spend federal grant funds for “This new legislation does not address every anyone who was within 6 feet of an infected person COVID-19 contact tracing costs. Those costs include question,” Schmidt said in a statement. “But at least for at least 15 minutes, starting from 48 hours before case investigation, laboratory technicians, laboratory this puts in place basic protections for civil liberties illness onset until the patient is isolated supplies and equipment. The state’s Emergency and privacy to replace the unregulated Wild West that Commission, which consists of four legislators, the otherwise was unfolding in COVID-19 contact tracing.” governor and the secretary of state, also approved the The law runs through April 2021, giving legislators request. (This commission may review and consider time to review how contact tracing should be regulated. requests to accept federal funds during times when the “[It] should give Kansans greater confidence that they legislature isn’t in session.) are free to participate in contact tracing to help contain the spread of the virus, or not, as their best judgment NORTH DAKOTA’S EARLY USE OF TRACKING APP may dictate,” Schmidt added. As of early June, North Dakota was the only Privacy concerns also are reflected in two pending Midwestern state to have launched an app for contact Minnesota bills. SF 4500 would establish a contact tracing. (South Dakota also uses it.) tracing “Bill of Rights” making participation voluntary People who download CARE19, released by the and information collected subject to the state’s existing Fargo-based developer Proud Crowd, are given a privacy laws. HF 4665 would essentially ban mandatory, random ID number; the app then anonymously electronic contact tracing. stores location data throughout the day, tracking only locations where the person visits for at least Article written by Jon Davis, CSG Midwest policy analyst 10 minutes. No personal information beyond the ID and assistant editor. He can be reached at [email protected]. number and location data is kept.

4 STATELINE MIDWEST | JUNE 2020 CAPITAL CLOSEUP

power of legislative auditing, committees helps check executive branch

by Tim Anderson ([email protected]) home order being struck down by the state to the strength of legislative fiscal analysis Overall ranking on state legislatures’ Supreme Court in May. of bills and regulations, as well as “the s part of her study of the nation’s use of institutional capacity to conduct vigor with which sunset review of boards, state legislative institutions, on oversight of executive branch* ORDINARY TIMES commissions and rules is Atopics such as term limits and pursued.” In ordinary times, too, oversight of the executive branch, Marjorie Capital Closeup Of all the institutional Sarbaugh-Thompson found herself viewing the legislative branch has tools she studied, Sarbaugh- old, archived committee hearings in a critical role to play in Thompson singles out the Michigan from a few decades ago. reining in the powers of auditing role as especially The subject was turkey habitats. The place the governor, monitoring important. was a cramped committee room in Lansing. the performance of state Minnesota’s Office of Led by two lawmakers — one Democrat, agencies, and ensuring the Legislative Auditor one Republican — the legislative branch was taxpayer dollars are being has two separate divisions: grilling members of the executive branch on used wisely, Sarbaugh- one scrutinizing agency implementation of a law to protect the state’s Thompson says. spending, the second population of wild turkeys. It’s not a simple task, especially in states M L conducting evaluations of state programs. “They were sharing notes and drilling where legislators are term-limited or part- The office is overseen by a bicameral Source: Wayne State University Center for Urban Studies down with an incredible amount of time. But the legislative branch has several legislative commission with membership knowledge, about the law and about institutional tools at its disposal, such as: evenly divided among the two parties. turkeys,” she says. • the use of auditor’s offices; “When you don’t have that balance, the has received lots of attention in recent “It was a gold standard in legislative • the ability of special committees level of oversight depends very much on months due to state policies related to the oversight.” to review, and sometimes overturn, whether the governor is from the same COVID-19 pandemic. That work in Michigan was being done administrative rules; party [as the legislature] or not,” Sarbaugh- In early June, for example, Kansas largely outside the public eye, on a subject • the role of legislative committees in Thompson notes. lawmakers met in special session to hammer not likely to win or lose anyone an election. monitoring state programs, agencies, “That shouldn’t be the case when it out a deal between the Republican-led Yet this bipartisan group of lawmakers finances and contracts; and comes to oversight.” Legislature and Democratic Gov. Laura found it to be an integral part of their • the power of advice and consent. Outside the Midwest, in the state Kelly over issues such as emergency disaster responsibility. of Washington, a voter-initiated law declarations and the spending of pandemic- Some state legislatures are employing “I would hope that legislators see from 2005 created a new auditor’s office related funds from the federal government. these powers more forcefully than others, oversight as a big part of their job, at least (independent of the legislature and Under the negotiated agreement (HB says Sarbaugh-Thompson, who helped lead one-third of it,” says Sarbaugh-Thompson, a governor’s office) and dedicated a portion 2016), the governor’s emergency disaster Wayne State University’s 50-state analysis professor of political science at Wayne State of the state sales tax to fund its work. As declaration can run through Sept. 15, after (released in 2019) of legislative oversight. University. “If we’re spending the money part of that law, the legislature must hold which approval is needed by a State Finance Illinois, Minnesota and Ohio ranked as [on a program, agency or regulation], we hearings on every audit study and report Council made up mostly of legislative among the strongest oversight states. ought to want to make sure it’s going where on implementation of recommendations leaders. In addition, this council must sign In Illinois, a bicameral committee it’s supposed to go and that it’s working.” made by the auditor’s office. off on the Kansas executive branch’s use of that reviews agency rules has equal federal coronavirus-relief funds. representation among the two parties and EXTRAORDINARY TIMES Capital Closeup is an ongoing series of Minnesota also has recently created is given powers that “are extraordinarily articles focusing on institutional issues in Unlike that overlooked work done in new forms of legislative oversight, and in strong —­ trending toward a legislative state governments and legislatures. Previous Michigan years ago, the balance between Wisconsin, a legislator-initiated lawsuit veto,” the Wayne State study found. articles are available at csgmidwest.org. executive authority and legislative oversight resulted in the executive branch’s stay-at- Ohio’s high marks on oversight were due Question of the Month

QUESTION | How have states tried to promote or facilitate the # of employee stock ownership plans development of employee stock ownership plans, or ESOPs? in Midwest *

54 An ESOP is a type of tax-qualified retirement for businesses that conduct studies on the plan, one that states such as Iowa have iden- feasibility of setting up an ESOP. 270 tified as a tool for helping retain businesses 24 193 when owners decide to sell some or all of their Another policy strategy for states is to create 207 separate offices or commissions that encour- interests in a company. 161 age employee ownership. In Colorado, for 70 296 Here is how an ESOP generally works: A privately instance, the governor signed an executive 347 186 held company contributes its stock, or money to order in 2019 creating such a commission buy its stock, to a retirement plan for employees. and giving it three tasks: 1) provide technical 106 Each worker participating in the plan has his or assistance to businesses; 2) expand awareness her own account, and an ESOP trust is created to about the benefits of employee ownership; * Numbers are from a National Center for Employee hold these shares of company stock. and 3) identify barriers and recommend Ownership analysis of tax lings from 2016. how to remove them. Colorado also offers ESOPs can be a mechanism for allowing partial or revolving loans (HB 1214 of 2017) to help full ownership of a privately held company to be businesses become employee-owned. transferred to employees (when the owner retires, for state-licensed business entities that provide professional services (attorneys, real estate for example). In contrast, the sale of a business Legislation introduced three years ago in agents, accountants, physicians, etc.) to enter into to an outside entity increases the risk of lost jobs. Wisconsin (SB 460) proposed opening a center According to the National Center for Employee employee stock ownership plans. Specifically, for employee ownership in the state’s university the legislation would allow these businesses to Ownership, other potential benefits of ESOPs in- system. The bill, which did not pass, included have owners who are not credentialed to provide clude improving retirement security, reducing a several other provisions — tax incentives, loans these professional services. Last year, Nebraska company’s tax burden, bolstering worker morale, and loan guarantees to finance ownership legislators passed LB 49, a law that allows ESOPs and giving employees a voice in management. transfers, and state purchasing preferences. to own public accounting firms. Since the passage of legislation in 2012 (HF Bills introduced over the past year in the 2465), Iowa has provided a tax incentive to Midwest include: Question of the Month response by Tim encourage the sale of in-state businesses to Anderson ([email protected]), publications employees: Owners get a 50 percent deduction • Michigan’s HB 5201, which would provide busi- manager for CSG Midwest, which provides from income taxes on any net gains from the nesses with assistance in forming ESOPs; and HB individualized research assistance to sale; the transaction must result in the employ- 5202, which would provide a tax benefit (similar legislators, legislative staff and other ees (via the ESOP) owning at least 30 percent of to Iowa’s) for the sale, transfer or conversion of a government officials. This section highlights the company. company to an employee-owned business. a research question received by CSG Midwest. Inquiries can be sent to [email protected]. Iowa also reimburses 50 percent of the costs • Nebraska’s LB 988, which would provide a path

STATELINE MIDWEST | JUNE 2020 5 CAPITOL CLIPS

Advocates seeking state-level changes in police training, standards and prosecutions # of people shot and killed by Amid widespread protests and calls for change in response to the May 25 killing of George Floyd by police in Minneapolis, the push police: Jan. 1, 2015, to June 8, 2020 for state-level legislative reforms has intensified. Here is a look at some of the bills and policy proposals in three Midwestern states: Minnesota, Michigan and Iowa. % black or State Total Hispanic MINNESOTA Illinois 103 68.9% Months before Floyd’s death, an 18-member task force (including two members of the Legislature) released 28 recommendations aimed at reducing deadly-force encounters with law enforcement. Among the ideas: 1) Adopt use-of-force standards that make sanctity of life Indiana 95 34.7% a core organizational value and that include requirements for de-escalation; 2) Improve training and develop new models of response to de-escalate incidents involving individuals in a mental health crisis; and 3) Create a specialized, independent unit within state Iowa 32 21.9% government to investigate all officer-involved shootings and uses of force that result in death or severe bodily injury. Kansas 49 28.6% MICHIGAN One of the first steps taken by Michigan legislators was to advance a bill requiring all incoming officers to complete training on implicit Michigan 78 33.3% bias, de-escalation techniques and the use of procedural justice in interactions with the public. SB 945 describes procedural justice Minnesota 61 21.3% as prioritizing “legitimacy over deterrence in obtaining citizen compliance” and emphasizing “a fair process and respectful two-way communication.” As part of their training, too, incoming officers would receive information on the type of mental health resources and Nebraska 24 29.2% services available to them. Lastly, SB 945 mandates that all officers complete 12 hours of continuing education every year. North Dakota 11 0.0%% IOWA Under a new law in Iowa (HF 2647, signed in June), the state attorney general now has the power to prosecute cases involving the death Ohio 155 36.8% of a civilian by a police officer, “regardless of whether the county attorney requests the assistance.” In addition, the use of chokeholds by law enforcement is not allowed, except in cases when an officer “reasonably believes” that an individual will use deadly force and cannot South Dakota 17 0.0% be apprehended in any other way. (This is the same standard under Iowa law for use of deadly force by police.) Wisconsin 91 28.6%

Other state-level ideas for reform include the mandatory use of police body cameras, public reporting and data collection of deadly-force Source: The Washington Post incidents and citizen complaints against police, and adoption of a confidential whistleblower process for police.

Saskatchewan partners with government of Canada to boost wages of covid-19 essential workers

Workers in Saskatchewan caring for some of the province’s most vulnerable citizens were eligible for a 16-week boost in pay this spring as the result of a program largely financed by the Government of Canada and administered by the Saskatchewan Ministry of Finance. The Temporary Wage Supplement Program was established in response to the COVID-19 pandemic. During the program’s first phase, a wage supplement of $400 per month was made available to home health care workers as well as individuals employed at long-term-care facilities, child care centers, emergency and transition shelters, and community-based group homes. To be eligible, workers had to have monthly earnings of less than $2,500. In early June, the province expanded the program by waiving the income threshold for workers at certain long-term-care facilities (those under public health orders to restrict visitations due to COVID-19). According to the Regina-Leader Post, the cost of the program is $56 million, with about $3 million coming from the province. Under individual agreements with the provinces and territories, the Government of Canada is providing up to $3 billion in support to temporarily increase the wages of low-income essential workers. Saskatchewan’s program is running for 16 weeks, March 15 to July 4.

Michigan and ohio gearing up for big changes in how new political maps will be drawn redistricting processes in midwest

In May, Michigan ended its first phase of a new redistricting process that is the first of its kind in the Midwest (see map). More than 6,000 Michigan voters completed applications to be part of a 13-member citizens commission that will redraw the state’s political maps next year. This transition away from legislatively drawn districts is the result of a voter-approved constitutional amendment in 2018. Last year, the Michigan secretary of state’s office launched an online application portal and sent applications to 250,000 randomly selected voters. With the application deadline now passed, 200 applicants will be chosen as semifinalists. These selections are random, within a constitutional constraint that the pool of semifinalists “mirror the geographic and demographic makeup of the state.” Each of Michigan’s top four legislative leaders (two Democrats, two Republicans) can remove up to five of the semifinalists from the list. The 13 members of the commission will then be randomly chosen, in accordance with the necessary partisan balance: four citizens affiliated with the Republican Party, four with the Democratic Party, and five unaffiliated with either major party. A second Midwestern state, Ohio, is also entering a new era of redistricting. That is because of new rules that encourage the drawing of maps that receive bipartisan support in the General Assembly and/or among the seven members of a Redistricting Commission: the Legislature draws district lines (single U.S. governor, secretary of state, state auditor and four legislative representatives from both parties. Under a constitutional amendment House districts in North Dakota, South Dakota) adopted by voters in 2015, this commission will draw the lines for state legislative districts. Nonpartisan Legislative Services Agency draws A voter-adopted amendment in 2018 also changed how Ohio’s U.S. House district lines will be drawn, with the process starting with the district lines; legislature votes on maps without General Assembly. Any initial plan must receive a three-fifths “yes” vote in both the House and Senate, including support from at least amendments half of the members of each of the state’s two largest political parties. The plan also would require gubernatorial approval. If the General Independent citizens commission draws maps Assembly does not approve a plan, congressional redistricting is turned over to the commission. Any commission-drawn map will require “yes” votes from at least two Republican and two Democratic members. If the commission cannot reach an agreement, the General Seven-member political commission draws state legislative districts; legislature has rst chance Assembly regains control of the process. At this stage, a new map can be approved with a simple majority vote, but it would have to to draw U.S. House districts comply with several “anti-gerrymandering requirements” and expire after only two general elections.

Indiana providing new assistance to individuals transitioning from medicaid to private insurance Average employee premium contribution and deductible as % of Indiana has received federal approval of a first-of-its-kind program that helps individuals transition from Medicaid to employer-based median household income (2018) health coverage or a plan in the individual marketplace. The new “workforce bridge” builds on the Healthy Indiana Plan (HIP), which is used by the state to expand Medicaid to cover low-income adults. 10.0% Each HIP participant has $2,500 placed in an account each year to use for health care expenses. But what happens when someone no 10.4% longer qualifies for HIP, due to a new job or other factors that cause his or her income to rise above eligibility thresholds? 11.8% 10.4% Previously, participants lost the ability to use any funds in their state-funded account. However, with implementation of the HIP 9.2% Workforce Bridge, members leaving the Healthy Indiana Plan can continue to use up to $1,000 from their account for up to 12 months in 10.2% 10.5% order to pay premiums, deductibles, co-payments and co-insurance during their transition to other types of coverage. “This is one of our 11.1% first efforts to mitigate the eligibility cliff effect in Indiana, which is a priority across all of our programs now more than ever,” says Jennifer 10.0% 10.0% Sullivan, secretary of the Indiana Family and Social Services Administration. 10.5% Addressing the “cliff effect” is particularly important considering the rise in costs for individuals enrolled in the nation’s employer-based health plans. Between 2008 and 2018, the combined cost of employees’ contributions to premiums and deductibles outpaced growth in U.S. median income in every state, according to a November 2019 study conducted by The Commonwealth Fund. Nationwide, the A US US combined cost was 11.5 percent of U.S. median household income in 2018; that compares to 7.8 percent in 2008. Every state in the Source: The Commonwealth Fund Midwest followed this trend, with the costs of work-based health care consuming a larger percentage of incomes.

6 STATELINE MIDWEST | JUNE 2020 COVER STORY

Ballot tracking, new equipment and more workers can help manage rise in vote by mail

» CONTINUED FROM PAGE 1

95 percent of the ballots cast in Colorado were done so by early, absentee or mail voting. Sen. Morrison originally envisioned this kind of election process for Illinois. Developments on recent elections, voting laws in Midwest “In a perfect world, I would have had a ballot mailed to all voters, with a return envelope and all the postage paid, in order to make it as absolutely seamless as possible,” she says. But a mix of concerns about elections administration, ILLINOIS: ELECTION DAY WILL BE A STATE HOLIDAY fraud and costs led lawmakers to decide to send applications, rather than actual With this year’s passage of SB 1863, every person in Illinois who has voted in ballots, to all voters. (No state in the Midwest automatically sends ballots to all the past two years will be sent a vote-by-mail application. The new law also voters.) makes the date of this year’s general election a state holiday; allows 16-year- Illinois’ SB 1863 outlines some of the rules that local election authorities will use olds to be election judges; and expands in-person, early-voting hours. to process so many more mail ballots. Morrison says a three-member, bipartisan team of local INDIANA: NO-EXCUSE ABSENTEE VOTING IN PRIMARY election judges will open ballots as they come in. If two of the three judges determine there is a problem with the In advance of the June primary, Indiana election officials allowed all voters ballot signature (it doesn’t match the signature on file, for to request an absentee ballot without an excuse (an exception to state law), including through an online portal. The state also waived a requirement that example), the voter must be notified within two days. The poll workers only work in the county where they live. voter must then submit a statement affirming that he or she did indeed cast the ballot. In Illinois, postage on a mail-in ballot will not be prepaid, IOWA: RECORD TURNOUT DRIVEN BY MAIL-IN BALLOTS Illinois Sen. though any ballot with insufficient or no postage must be This year, Iowa shattered previous records of voter turnout for a June Julie Morrison accepted. Local election authorities also may create drop primary, and a vast majority of the voters cast ballots through the mail. boxes that allow ballots to be returned postage-free. For the primary, the Iowa secretary of state’s office sent absentee-ballot request forms to every active registered voter in the state. STATES HAVE OPTIONS TO HELP VOTE-BY-MAIL RUN SMOOTHLY McReynolds recommends states take a series of actions to prepare for greater KANSAS: LAW CURBS GOVERNOR’S ELECTION POWERS numbers of mail-in votes, so that the process is user-friendly, can be handled As part of a bill passed during a June special session (HB 2016), the Kansas efficiently by local election officials and workers, and is trusted by the public at Legislature forbade the governor from using her emergency powers to large. At or near the top of that list of actions, she says, should be implementation change how elections are conducted and when they are held. Earlier this of ballot tracking: allow voters to follow the progress of their ballot much like they year, the Kansas Democratic Party held its first entirely vote-by-mail election. now do for an item they purchase online. “That technical innovation is one of the most important things that states can MICHIGAN: BIG CHANGES IN VOTING BEGIN THIS YEAR do right now with an expansion of vote-by-mail,” she says. “That one tool increases the accountability of the print vendor and the post office, and it gives voters All registered voters in Michigan will receive an application to vote by mail in the coming elections. This year also marks a new era in Michigan election law transparency of where the ballot is.” because of a voter-approved ballot initiative from 2018 — automatic voter The CARES Act, passed by the U.S. Congress earlier this year, includes federal registration, same-day voter registration, and no-excuse absentee voting. funding (with a match of 20 percent by the states) for states to implement pandemic-related plans for the November election. That can include purchasing new equipment to more quickly process and verify mail-in ballots (for example, MINNESOTA: MORE TIME TO PROCESS ABSENTEE BALLOTS ballot sorters and software that can automatically verify signatures) or hiring Minnesota’s HF 3429, signed into law in May, includes many provisions to temporary workers to handle the additional ballots. prepare for the November election. Officials can begin processing absentee In Minnesota, under a law passed earlier this year (HF 3429), the Legislature gave ballots up to 14 days before Election Day, and employees of health care local election authorities a larger window to process absentee ballots — 14 days facilities are authorized to administer absentee voting to residents or patients. before the election (instead of seven), and then up to three days following it. Other important policy considerations, McReynolds says, include making the design of mail-in ballots easy for voters to understand, strengthening penalties NEBRASKA: THREE-FOURTHS OF VOTES CAST BY MAIL for tampering with ballots or drop-off boxes, and investing in additional voter- The state of Nebraska held a record-breaking primary in May, with close education campaigns. to 500,000 ballots cast. More than three-fourths of the votes were done by In Iowa, Pate says, part of his focus over the next few months will be ensuring mail. Prior to the election, all voters received an early-ballot application, as the state has enough poll workers so that enough polling sites can be up and well as a letter reminding them of their right to request an early ballot. running in November. Yes, many Iowans chose to vote by mail in June, he says, but that 80 percent figure might not be repeated in the fall. NORTH DAKOTA: VOTE BY MAIL IN EVERY COUNTY “Iowans like choices, whether it’s absentee, whether it’s voting in person, North Dakota law already allowed all counties to conduct elections by mail, as whether it’s curbside voting,” he says. “We tried to make sure all of those choices long as ballot applications are sent to each voter. For the June election, every were there for them [in the primary]. We want to make sure they have those county chose this option. The governor also waived a requirement that each choices again.” county have at least one polling location; drop boxes were used instead. As of June, it was not yet known whether the Iowa secretary of state’s office would again send absentee applications to all voters in advance of the 2020 general election (like it had done for the primary). Before it does, though, OHIO: NEW EQUIPMENT TO HANDLE MORE MAIL BALLOTS legislative approval of such a move will now be required. That is because of the Ohio Secretary of State Frank LaRose has proposed a series of new policies passage in June of HF 2486, which requires the state’s legislative leaders to agree in advance of the fall election: prepare for an influx of absentee ballots by to any election-related emergency actions taken by the secretary of state. investing in new equipment and changing deadlines, allow voters to request mail ballots online, and pay the postage for people who vote by mail.

Examples of How states can use funds from U.S. Cares SASKATCHEWAN: INDEPENDENT OFFICE RUNS ELECTIONS Act to prepare for, conduct November 2020 Election Saskatchewan approved regulatory changes that give its chief electoral officer clear authority to take actions necessary to ensure the province’s fall election  Prepare for large influx of votes by mail by increasing staffing, investing in can be conducted safely, in light of the COVID-19 pandemic. An independent, new supplies (envelopes), equipment (ballot tracking for voters and tabulating nonpartisan office of the Legislative Assembly manages elections. equipment) and paying for postage SOUTH DAKOTA: BIG JUMP IN ABSENTEE VOTING  Purchase personal protective equipment for poll workers and voters, as well as cleaning supplies for polling places In advance of the June primary, all of South Dakota’s registered voters were mailed applications to vote absentee, and early turnout data showed a five-  Educate citizens on their voting fold increase in this method of voting compared to 2016, the (Sioux Falls) Argus options and on any changes in elections Leader reported. State law already allowed for no-excuse absentee voting. procedures WISCONSIN: VOTERS WILL GET MAILING ON HOW TO VOTE  Establish new vote centers or relocate As part of a mailing sent by the Wisconsin Election Commission, the state’s polling locations registered voters will receive an absentee ballot and return envelope. In the primary held earlier this year, almost 75 percent of all ballots cast were  Increase pay for and hire more poll by absentee voters (most via mail). workers

STATELINE MIDWEST | JUNE 2020 7 CAPITOL INSIGHTS

profile: Minnesota Senate Assistant Majority Leader Karin Housley

Minnesota native has embraced role of being a legislative voice and advocate for her home state’s seniors and small-business owners

by Mitch Arvidson ([email protected]) Bio-sketch: Senator Karin Housley arin Housley is always up for taking on a new challenge and trying  chosen assistant majority leader in 2018; first elected in 2012 Ksomething new. Two decades ago, that mindset led  spearheaded formation of Senate policy committee focusing on to the writing of a successful book, an issues such as aging, long-term care and child care; currently serves as investment guide for women with an chair of this Family Care and Aging Committee unforgettable title — “Chicks Laying Nest Eggs: How 10 Skirts Beat the Pants  founder and owner of Housley Homes, a family real estate business Off Wall Street ... And How You Can Too!” that she runs with two of her four children The title came from the name of the investment club that she had formed with  lives in St. Marys Point, a part of the Minneapolis-St. Paul metropolitan friends and relatives. area, with her husband, Phil, a member of the Hockey Hall of Fame “During that process, I was looking at my whole life and I thought, What else don’t I know about that a lot of other suburban women might not know about?” “What are things that we just don’t put “I did find my [legislative] passion, and it is protecting our our toe in the water?” Her answer: politics. seniors, being a voice for them, and advocating for their needs.” Housley was at a good point in her life to take a dive into that new challenge. After splitting time between Minnesota and the many cities where her husband, meetings, two a week, with mayors of a really good job in our Minnesota year that allowed for residents and their Phil, played in his long National Hockey some of the bigger cities, to talk about Legislature of keeping things toward family members to put a camera in their League career, Housley had come home our preparedness. What was going on? the middle. I always feel Minnesota is loved one’s room so it can be an extra full-time and started her own real-estate What were they hearing? How were our a middle-left, middle-right state. We’re set of eyes on your parent while they’re business. (Phil is now a coach and in the hospitals doing? It was a way to continue not one of these states that is so far to in there. And it can also help catch bad Hockey Hall of Fame.) to keep in touch with the leaders in the the right or so far to the left. And we’ve people doing bad things. “I thought, OK, it’s my time,” she says. community. accomplished some really great things. So when it comes to the Family Care “It’s my time to stand up for our small- and Aging Committee, I did find my business owners, to really get into the passion, and it is protecting our seniors, mix of things.” You then made the decision Many of those legislative being a voice for them, and advocating Housley was first elected to the Q to open up some of those Q accomplishments for for their needs because they have so Senate in 2012, and has since emerged Zoom meetings to all of your you have involved helping many. They just have a soft spot in my as a leader in the Republican caucus constituents. Why? Minnesota’s senior population, heart. [Editor’s Note: Housley helped form (assistant majority leader) and as including laws to prevent elder this new committee in the Senate and is its an important policy advocate for The more knowledge people had, abuse and improve oversight at chair.] Minnesota’s population of seniors. A the calmer they would be. If they In an interview with CSG Midwest, could tune in and see that the police assisted-living facilities. Why is Sen. Housley discussed her legislative chief is OK, the hospitals have beds this policy area important to you? What will be some of your passions and priorities, the state’s early and ventilators, that helped everyone. I legislative priorities going My mom had Alzheimer’s, and Q response to the COVID-19 pandemic, even had our prison wardens on there. being an advocate for my mom, forward? and the adjustments that she made as We have two prisons in my district, so I A I saw what it was like going through all a legislator to serve her constituents wanted people to know how things were There are so many things, but No. of the transitions — from our home we during the crisis. Here are excerpts. going in the prisons, because people 1 will always be our seniors. … grew up in, to assisted living, and, finally, A want to get the real facts straight from There are many more issues they need to the nursing home. And I saw that there the horse’s mouth, not just some hearsay protection around that I want to work were so many seniors who had nobody When the COVID-19 on Facebook or Twitter. on. I also want to make sure our senior to advocate for them at the state Capitol. pandemic hit, how did you living facilities are still around because Q You see all of these seniors in assisted- adjust your legislative work to stay they’re going to take such a hit due to You represent a suburban living facilities, and I really wanted to put in touch with constituents? What some protections into law for [them]. COVID-19. So we need to make sure we did you learn from the experience? Q swing district in the Twin have the facilities for our seniors to live Cities area, and you serve in a in, and then if they do live in them, we Early on, I was the first one in our partisan-split Legislature. How do What were some of those have to make sure we protect them. A caucus to use Zoom. Nobody you go about your legislative work Q protections that you Also, super important to me are our knew what it was, but I had used it a lot prioritized as a legislator? small businesses. Nothing drives small with my family because they’re all around in this kind of environment? businesses crazier than big government the U.S. So within the first days of the You know that every single vote We’ve got so many great coming down and telling them what to pandemic, I formed a little group with A you take, you’re going to have A caregivers that take care of our do. I want to help our small businesses different leaders in my district, including to go back to your district and be able seniors in these facilities, but every fight for their freedoms. That’s the reason our police and fire chiefs, our hospital’s to justify how you voted, because 50 once in a while, there’s a bad egg. Our they went into their own business CEO, our Chamber of Commerce director, percent of the people aren’t going to assisted-living facilities weren’t licensed, anyway; they wanted to be their own county commissioners, county attorneys, like it. There are a few of us in the Senate so putting that framework in place was boss. To help them to do that, to help superintendent of schools. I also have that have those kinds of [swing] districts, one of my biggest accomplishments — make it financially worthwhile for them two parts of my district, the northern part and we can move good, bipartisan just really protecting our seniors in every because they’ve risked everything, is and the southern part. So I called Zoom bills. … Overall, I think we have done which way I can. I got a bill passed last really important.

8 STATELINE MIDWEST | JUNE 2020 First person: how Wisconsin prepared for, and held, its first-ever virtual legislative session

Ability to adapt, function is critical to public confidence during uncertain times

Management and Continuity of would be necessary to Government, which was charged with address the pandemic, Wisconsin requirements for Virtual making recommendations on legislative Senate Majority Leader operations during emergencies. Scott Fitzgerald decided sessions (act 363 of 2009) One of those recommendations to conduct a virtual resulted in legislation permitting the session out of caution  Participating members’ identities must be Legislature to meet virtually in the event for our members, their verified and actions authenticated of a disaster. However, until this year, such families and their staff a session had never been done. who may be vulnerable  Participating members must be able to Wisconsin’s law governing virtual to COVID-19. simultaneously read/hear comments of members meetings (Act 363 of 2009) requires that Once the session recognized to speak each senator’s identity be verified and schedule was set, the  Documents accepted by the presiding officer that all members may simultaneously Committee on Senate or chair must be immediately transmitted to hear or read the comments of each Organization adopted participating members member recognized to speak. In addition, procedural changes any document used in the meeting, such specific to convening in  The public must be able to monitor proceedings by Wisconsin Senate President Roger Roth as a legislative amendment, must be virtual session, including within technological limits immediately transmitted to participating allowing votes to be cast n early March, the Wisconsin State members. electronically, requiring  Each house must issue a notice of emergency to Senate was set to wind down its With these rules as guidance, I most amendments to meet virtually Iregular, two-year legislative session. began constant communication with be introduced before As Senate president (the body’s the Legislative Technologies Services the beginning of presiding officer), I was gearing up to Bureau (LTSB), the Senate chief clerk session, and limiting take up a lengthy calendar of bills for and the Senate sergeant-at-arms on the the physical presence of the proceedings. The WisconsinEye session day, planned for late March. possibility — and later the actuality — of members. Network, our state’s public affairs That didn’t happen. planning a virtual session. As presiding officer, I conducted the broadcaster, routinely provides live, The session day was postponed amid session from a state Capitol hearing room unedited coverage of state proceedings a statewide shutdown of businesses and NUTS AND BOLTS OF PREPARING equipped with the latest technologies via remote cameras, and its coverage of schools — the same type of emergency FOR A VIRTUAL SESSION and multiple screens. our April virtual session was no different. action taken across the nation as a result To adhere to the U.S. Centers for Members of the press were able to view In the weeks leading up to the virtual of the COVID-19 pandemic. Changes had Disease Control and Prevention’s social the session through WisEye’s streaming to be made to the way we all live and session, our LTSB built a website to service. In addition, one journalist and meet the needs of conducting the usual distancing guidelines, the room was set work. The result was that on April 15, the up to ensure the safety of those physically one photographer were physically Wisconsin State Senate did something business of a session day in a new way. present to provide a pool feed to the In conjunction with the video present. Everything was thoroughly new — hold a virtual session. press corps. conference service Skype for Business, the cleaned and the floors were taped to Compared to most states, Wisconsin The virtual extraordinary session website allowed members to request to guarantee everyone was six or more feet was a step ahead, thanks to a statute ran smoothly — although the speed speak and cast their votes electronically. away from the person next to them. already in place that allowed us to legally of session had to run at a slower pace This information was transmitted to the Physical attendance was limited to be able to conduct a virtual session. In to allow for lag time — with minimal computer screens of the presiding officer essential personnel, including the Senate 2008, the Wisconsin Legislature formed hiccups. When a member spoke, the and chief clerk. chief clerk, sergeant-at-arms, technical the Special Committee on Emergency Skype program would spotlight the When it was determined that legislation support staff and our chief legislative counsel, along with Senate leadership, to speaker. facilitate the debate and floor action. When a vote was required, members All members were present in a virtual voted electronically, and then the Senate manner from locations across the state. chief clerk verbally announced the They were encouraged to find a quiet votes. The virtual session was successful room with a consistent Wi-Fi connection. because initial steps had been taken Many chose to remain at home, others immediately and contingencies planned preferred being in their Capitol offices. for. Each member has a state-issued laptop, The Senate unanimously (32-0) passed a bill giving Wisconsin access to nearly $2 which greatly aided in the consistency billion in federal relief in response to the and reliability of the virtual system. COVID-19 outbreak. Prior to the session day, I held a training Through this virtual session, and with exercise with senators, so everyone was both houses unanimously passing the comfortable and familiar with the setup bill, we showed the public that no matter and the applications being used. During what comes our way, our government is the session, each member could request going to endure. immediate technical assistance either by It is important to instill confidence phone or by clicking a technical support that the functions of a legislature will Wisconsin Senate leadership and Senate staffers meet in a hearing room in the Capitol while button on his or her screen. members join online from their homes or offices in the Legislature’s historic, first virtual session, held continue uninterrupted during times of on April 15. (photo courtesy of Sen. Roger Roth’s office) unprecedented and rapidly changing E-DAY events. While the public saw many On virtual session day, each member events in their lives canceled, their state SUBMISSIONS WELCOME was asked to log in and join the meeting government proved capable of meeting ahead of the actual start time. Our in times of uncertainty and distress. This page is designed to be a forum for legislators and constitutional officers. The opinions information technology staff then expressed on this page do not reflect those of The Council of State Governments or the confirmed that each member could see Midwestern Legislative Conference. Responses to any FirstPerson article are welcome, and hear the conference. Roger Roth has been president of the as are pieces written on other topics. For more information, contact Tim Anderson at Wisconsin Senate since 2017. He was Wisconsin’s virtual session law also 630.925.1922 or [email protected]. first elected to the Legislature in 2006 requires that the public, to the extent (Assembly) and to the Senate in 2014. technology will allow, be able to observe

STATELINE MIDWEST | JUNE 2020 9 CSG MIDWEST NEWS & EVENTS

CSG Providing resources for state leaders on response to, impact of grant will help legislators pursue goals spread of coronavirus of protecting Great Lakes, water quality States have been central to the nation’s policy response to the spread of the coronavirus, and The Council of State Governments has a one-stop resource for leaders to get Caucus also launches new website, planning virtual Annual Meeting for fall information on the actions being taken. The site, web.csg.org/COVID19, includes state-by-state information he Great Lakes-St. Lawrence Legislative Lakes protection and restoration efforts, as well on topics such as the mandatory closure of schools; details Caucus received good news this spring as to explore the impact of these actions on the on the governors’ emergency orders; an updated listing T when The Joyce Foundation awarded CSG region’s economy and ecology. on the number of COVID-19 cases; and changes in state Midwest a new two-year grant to support the These virtual sessions will be held in September legislative sessions. caucus’s work. and October, with information to be posted on the The GLLC is the leading binational organization GLLC and CSG Midwest websites. They will be open CSG also is aware of the potential impacts on its future of state and provincial to GLLC members, other regional and national meetings. Members will be made legislators promoting the legislators, legislative and aware if and when meeting plans must be changed. restoration, protection, executive agency staff, and economy and sustainable anyone else with an interest use of the Great Lakes and St. in the caucus or the Great Lawrence River. CSG Midwest Lakes. provides staff support to this In addition to the policy nonpartisan group. Great Lakes-St. Lawrence sessions, the agenda for The grant, which runs Legislative Caucus each virtual meeting will through May 2022, will make feature a business session to it possible for the GLLC to: consider policy resolutions • hold events, including annual meetings and and to elect a new GLLC leadership team. quarterly web meetings; Indiana Sen. Ed Charbonneau serves as chair of • continue to take coordinated regional action the GLLC; Illinois Rep. Robyn CSG Justice Center helps develop on policies related to lead in drinking water, Gabel is the vice chair. An covid-19 re-entry ‘checklist’ nutrient pollution and other issues; and executive committee (10 • host the second Patricia Birkholz Institute for elected members and two Preparing people about to leave prisons or jails for Great Lakes-St. Lawrence Policy in late 2021. ex officio members) assists re-entry into society was already challenging before the The leaders, members and staff of the GLLC are the officers in overseeing COVID-19 pandemic. deeply appreciative of the Joyce Foundation for the GLLC’s activities. recognizing the importance of state and provincial The province of Québec Now jail and prison officials must balance public safety legislators on policies related to water quality. The will host the 2021 meeting in with the need to reduce populations in potential or foundation is a longtime supporter of the caucus. Québec City in September. Sen. Ed Charbonneau actual COVID-19 hotspots. The caucus will hold its The Council of State Governments’ Justice Center worked ANNUAL MEETING GOES VIRTUAL annual meeting in Michigan in 2022. with the National Sheriffs’ Association to help re-entry The GLLC also recently announced the planners by developing a checklist as “a starting place for CAUCUS HAS NEW ONLINE RESOURCE cancellation of its 2020 annual meeting, originally reviewing the myriad factors staff should consider as they scheduled for Sept. 18-19 in Detroit, due to the In June, the GLLC launched its new website prepare people for reentry.” Released in May, the 21-point ongoing COVID-19 pandemic. (greatlakeslegislators.org), a resource dedicated checklist includes considerations for COVID-19, legal This year’s meeting will be transitioned to to providing news and information about the discharge, basic needs and health treatment needs. The a series of shorter virtual meetings, with the caucus and its members. The site will be updated checklist has already been used in the Midwest by Douglas same goals as the in-person event — bringing regularly to keep legislators informed about GLLC County, Kansas, and Franklin County, Ohio. The checklist is legislators together to learn from each other and activities and legislative developments related to available at csgjusticecenter.org. hear from policy experts and scientists on Great the caucus’s priority issues. The mission of the CSG Justice Center is to develop research-driven strategies to increase public safety and strengthen communities. It provides recommendations for legislation, helps with implementation of re-entry best practices, and promotes alternatives to incarceration for Midwestern Legislative Conference continues to offer people with mental illnesses. region- and policy-focused webinars for members

Csg seeks nominees for inaugural ‘20 he Council of State under 40’ leadership awards Governments’ TMidwestern Legislative The Council of State Governments is seeking “up and Conference is hosting a coming” state officials under 40 years of age who are second webinar series to providing exceptional help state and provincial engagement and leadership legislators during an time in their states or territories of extraordinary policy for special recognition in the challenges on both sides of new “20 Under 40” Awards the border. • legislative oversight of emergency executive program. “Looking Beyond the Pandemic: Midwestern actions, Legislatures Address New Challenges” runs • the pandemic’s impact on state/provincial Each nominee must be an through July. Webinars are being held weekly budgets, elected or appointed official at 10 a.m. CDT on Thursdays. Information on • preparing for future public emergencies, and from a U.S. state or territory upcoming webinars, and recordings of past • assessing economic reopening strategies. and be 40 or younger sessions, are available at csgmidwest.org. on Dec. 31. Nominations Recordings of the MLC’s first series of free These expert- and legislator-led events are weekly webinars, “Confronting a Crisis: The must include two letters of covering these topics: recommendation, a current Midwest Responds to the Coronavirus Pandemic,” • preparing for the fall elections and beyond, resume, and answers to three questions. also can be found at csgmidwest.org. Those events • the challenges of holding “virtual” legislative were organized by the MLC’s six binational, More information is available at web.csg.org/20-40. sessions and committee meetings, interstate policy committees.

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

10 STATELINE MIDWEST | JUNE 2020 2020 CSG MIDWEST’S BILLD PROGRAM

thank you to the Q & A with BILLD Alums: What is the role of 2020 billd program individual legislators in promoting civil contributors discourse and civility? How do members advance The Council of State Governments’ Midwestern Legislative policy over partisan politics and disagreements? Conference wishes to express its deepest thanks to the following private sector donors, all of whom generously pledged significant contributions in support of the MLC’s 26th annual Bowhay Institute for Legislative Leadership Development. Notwithstanding the unfortunate “This is a hard conversation, but one that Iowa Sen. Amy Sinclair cancellation of this year’s institute due to the COVID-19 should be had. I’ve watched good legislation pandemic, the MLC remains grateful for the loyal support become a firestorm of misinformation and of its partners, as well as for their belief in the importance name calling because the drafter of the bill Sen. Amy Sinclair is a 2016 of leadership training and the need to provide legislators graduate of the BILLD with the opportunity to develop their leadership and irritates people. program, and serves as vice policymaking skills. chair of the BILLD Steering “Right or wrong, government and Committee. First elected in lawmakers have become the example for 2012, she currently serves as Senate majority whip. SILVER SPONSORS civility in society as a whole. We need to Sinclair also is chair of the remember that all the legislators and staff, Education and Government all the constituents who come through Oversight committees. our capitols, are individual people with life experiences different from ours. “And while we will often not agree with them on particular issues, the fact that as human beings, they deserve respect should not escape us. Furthermore, the fact that we may not personally like an individual should never reduce us to bad governance in an effort to settle a score.” BRONZE SPONSORS

Michigan Sen. Aric Nesbitt “Treating each other with respect and starting with the notion that each Sen. Aric Nesbitt is a 2012 elected official’s motivations are pure graduate of the BILLD program. He currently until proven otherwise will enable serves as president pro quality discussions and debates.” tempore. First elected to the Senate in 2018, he previously served in the Michigan House, where was majority floor leader.

“Legislators are leaders and role models, whether we recognize it or not. How we North Dakota Rep. Corey Mock treat one another contributes to the larger culture within the legislature and back North Dakota Rep. Corey Mock is a 2011 graduate home. of the BILLD program and serves as a member of the “One way members can advance policy BILLD Steering Committee. is by sharing ‘why’ you’re working on this He was first elected to the House of Representatives in PATRON SPONSORS problem, being open to other suggestions 2008. He served as minority that may be solutions (instead of being leader from 2015 to 2018. married to a specific idea), and personally Mock currently is chair of the Interim Committee on visiting with other members. Information Technology. “Just before I joined the Legislature, the The MLC also wishes to express its gratitude ‘smoking room’ in the North Dakota toward its academic partner, the Center Capitol was closed. During those years, everyone went into the lounge during for the Study of Politics and Governance at breaks — whether they smoked or not — and used that time to get to learn the University of Minnesota’s Humphrey School of Public Affairs, for its contributions about each other and their families. There wasn’t a Republican or Democrat and collaboration in presenting the BILLD lounge; there wasn’t a House or a Senate lounge. It was one room where program. everyone was welcome — and politics was usually left in the chamber.

Please contact Laura Tomaka, CSG Midwest program “That environment to build rapport with colleagues just doesn’t really exist manager, for more information on becoming a BILLD anymore.” sponsor. She can be reached at [email protected].

BILLDBILLD SteeringSteering CommitteeCommittee OfficersOfficers || Co-Chairs:Co-Chairs: NebraskaNebraska Sen.Sen. SaraSara HowardHoward andand MinnesotaMinnesota Rep.Rep. LaurieLaurie HalversonHalverson || Co-ViceCo-Vice Chairs:Chairs: IowaIowa Sen.Sen. AmyAmy SinclairSinclair andand IndianaIndiana Rep.Rep. HolliHolli SullivanSullivan

ThroughThrough the the the Bowhay Bowhay Institute Institute for for Legislative Legislative Leadership Leadership Development, Development or , orBILLD, BILLD, CSG CSG Midwest Midwest provides provides annual annual training training on on leadership leadership and and professional professional development development forfor newer newer state state and and provincial provincial legislators legislators from from this this region. region. This This page page provides provides updates information on alumni related of theto the program, BILLD program,as well as leadership information development related to the and BILLD legislative program, leadership leadership. development CSG’s Midwestern and legislative Legislative leadership. Conference The BILLD BILLD Steering Steering Committee Committee — — a abipartisan bipartisan group group of of state state and and provincial provincial legislators legislators from from the the MidwestMidwest —— overseesoversees thethe program,program, includingincluding thethe annualannual selectionselection ofof BILLDBILLD Fellows.Fellows.

STATELINESTATELINE MIDWESTMIDWEST | | JUNEJUNE 2020 11 THE COUNCIL OF STATE GOVERNMENTS | MIDWESTERN OFFICE CSG Events

CSG Midwestern Legislative Conference CSG National Conference Webinar Series — Looking Beyond the December 2-5, 2020 | Santa Fe, New Mexico Pandemic: Midwestern Legislatures Address New Challenges Contact: Kelley Arnold ~ [email protected] See page 10 for details 800.800.1910 | csg.org

Midwestern Legislative Conference Annual MIPRC Annual Meeting Meeting November 9-11, 2020 | Detroit, Michigan July 21-24, 2021 | Rapid City, South Dakota Contact: Laura Kliewer ~ [email protected] 630.925.1922 | miprc.org Contact: Cindy Andrews ~ [email protected] 630.925.1922 | csgmidwest.org

Bowhay Institute for Legislative Leadership Great Lakes-St. Lawrence Legislative Caucus Development Annual Meeting (Virtual Sessions) Summer 2021 | Minneapolis, Minnesota Fall 2020 | Exact dates/times to be determined Contact: Lisa Janairo ~ [email protected] Contact: Laura Tomaka ~ [email protected] Great Lakes-St. Lawrence 630.925.1922 | greatlakeslegislators.org Legislative Caucus 630.925.1922 | csgmidwest.org

Stateline Midwest is published 11 times a year by the NONPROFIT Midwestern Office of The Council of State Governments. ORGANIZATION Annual subscription rate: $60 U.S. POSTAGE PAID To order, call 630.925.1922. FOX VALLEY, IL PERMIT NO. 441 CSG Midwest Office Staff

Michael H. McCabe, Director Ilene K. Grossman, Assistant Director Tim Anderson, Publications Manager Lisa R. Janairo, Program Director Mitch Arvidson, Policy Analyst Laura Kliewer, Senior Policy Analyst Cindy Calo Andrews, Assistant Director Laura A. Tomaka, Senior Program Manager Jenny Chidlow, Office Manager Kathy Treland, Administrative Coordinator and Meeting Planner Jon Davis, Policy Analyst and Assistant Editor

June 2020

The Council of State Governments, Midwestern Office 701 E. 22nd Street, Suite 110 | Lombard, IL 60148-5095 Phone: 630.925.1922 | Fax: 630.925.1930 Email: [email protected] | csgmidwest.org CHANGE SERVICE REQUESTED