Founders' Foresight
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2018 LEGISLATIVE STAFF AWARDS PAGE 60 July/August 2018 FOUNDERS’ FORESIGHT Federalism and the Balance of Powers Supreme Court Hands States a Win ★ Bipartisanship on School Safety ★ Third Parties on the Rise PAID ADVERTISEMENT MAKING A DIFFERENCE FOR A SAFER AMERICA The fi rearms industry welcomes participation in the national conversation to make our communities safer. Our trade association, THE NATIONAL SHOOTING SPORTS FOUNDATION, has long advocated for e ective solutions to prevent access to fi rearms by criminals, children and the dangerously mentally ill. We run programs that make a real di erence. NSSF has led the way in improving the FBI National Instant Criminal Background Check System (NICS) through our FixNICS® initiative that has reformed the law in 16 states and improved the reporting of disqualifying records. The Don’t Lie for the Other GuyTM program helps fi rearms retailers prevent illegal straw purchases and is conducted in cooperation with Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Project ChildSafe® has distributed more than 37 million free gun locks since 1999. Our partnerships with federal and state agencies, as well as a leading national suicide prevention organization, are building public education resources for fi rearms retailers, shooting SUICIDE PREVENTION ranges and the fi rearms-owning community. Operation Secure StoreSM is a comprehensive joint initiative with ATF to help Federal Firearms Licensees make well- informed security-related decisions to deter and prevent thefts. Practical solutions that protect lives and preserve our citizens’ liberties – making a di erence for a safer America. SaferAmericaAd_lettersize.indd 1 5/7/18 2:04 PM JULY/AUGUST 2018 VOL. 44 NO. 7 | CONTENTS A National Conference of State Legislatures Publication Executive Director William T. Pound Editor Julie Lays The magazine of state policy and politics from the National Conference of State Legislatures, Assistant Editor Kevin Frazzini the bipartisan organization that serves all lawmakers and staff. Contributing Editor Jane Carroll Andrade Online Magazine Ed Smith FEATURES Mark Wolf Contributors Angela Andrews Federalism Forges On Page 14 Statehouse Surprise Page 34 Sarah Hill BY MAX BEHLKE AND JULIE LAYS BY KAE WARNOCK Dylan Lynch Megan McClure When considering where American federalism is today, it’s Workers made an interesting discovery while renovating Dan Thatcher Brian Weberg helpful to remember where it started. Wyoming’s Capitol. Joan Wodiska Advertising Sales Power in the Bank Page 38 Henry Springer [email protected] BY DANIEL SHEA Communications Energy storage could flip the script on how electricity Intern is managed. Anna Smith Art Director Bruce Holdeman How to Run a Better Election Page 44 BY PATRICK POTYONDY NCSL President Senator Deb Peters Five things election officials want you to know South Dakota NCSL Staff Chair Technology Tests Transparency Page 46 Chuck Truesdell Fiscal Analyst, Legislative BY PAM GREENBERG Research Commission Kentucky New apps and sophisticated, high-volume public records requests are straining state sunshine laws. Denver Office 7700 East First Place Denver, Colorado 80230 (303) 364-7700 When the Rules Aren’t Enough Page 56 Washington, D.C., Office Supreme Court Hands Federalism a Victory Page 17 444 N. Capitol St. N.W., Suite 515 BY WILLIAM T. POUND Washington, D.C. 20001 (202) 624-5400 The South Dakota v. Wayfair ruling expands states’ ability to collect sales taxes. State Legislatures (ISSN 0147-0641) is published 10 times a year by the National Conference of A Team of Their Own Page 18 State Legislatures. BY JOHN MAHONEY ©2018, All rights reserved. Reproduction Independents and third-party legislators are succeeding in whole or in part without permission is by staying outside of party lines. prohibited. Requests for permission to reprint may be emailed to Finding Common Ground Page 22 Julie Lays at: julie.lays@ ncsl.org. BY BEN ERWIN Opinions expressed in Legislators are working across the aisle to find ways to ensure BY BRENDA ERICKSON this magazine do not necessarily reflect NCSL that students and staff are safe while at school. To be effective, you need to know—and play by—established policy. State Legislatures is indexed in the PAIS parliamentary procedures. Bulletin and Expanded Academic Index. Annual Pathway to Public Service Page 26 subscription rates: BY HOLLY SOUTH SL Online U.S.—$49; foreign—$55; teachers—$25 (promo Legislative internships have launched many on their political Find more information and links code SLMTEA). Single copy: $6.50. journeys. to resources on topics covered in Periodically, NCSL rents these pages at SL Online. mailing labels to other organizations. If you Tools for Your Tote Bag Page 30 prefer your name not be Go to ncsl.org/magazine included please send a Every legislator can be effective. It just takes the right written request. equipment. NCSL can help. State Legislatures magazine is printed on recycled paper. Postmaster: Send address changes to: State Legislatures magazine, 7700 East First Place, Denver, CO STATE LEGISLATURES 3 JULY/AUGUST 2018 80230. JULY/AUGUST 2018 VOL. 44 NO. 7 | CONTENTS DEPARTMENTS SHORT TAKES PAGE 5 STATESTATS PAGE 55 Connections, support, expertise and ideas from NCSL How does your state score? New “scorecard” data show state performance INNOVATIONS PAGE 7 over time in restraining costs and improving Strengthening the legislative institution: Oregon’s first-in-the-nation access to health care Capitol Diversity, Equity and Inclusion Committee NEWSMAKERS PAGE 58 TRENDS PAGE 8 What’s happening under the domes Energy-efficient buildings, community health centers, internet deregulation, defense spending and the states, minimum marriage ages LEGISLATIVE STAFF AWARDS PAGE 60 and tariff tensions YES, NO, MAYBE SO PAGE 61 STATELINE PAGE 32 This month’s ethics question: Do legislators News bites from across the have a right to privacy? country—from halting pet leasing in California and Nevada to hardening THE FINAL WORD PAGE 62 the statehouse in North Carolina Meet California Assembly Speaker ANTHONY RENDON WHAT STAFF KNOW PAGE 42 “I encourage legislators around the country Legislative auditors and evaluators to look at all that we’re doing here in seek to find the truth through California versus what’s not happening in skepticism and independence. Washington, D.C.” Our American States is where you hear compelling Check out these and other past episodes: conversations that tell the story of America’s n Security of American Elections state legislatures, the people in them, the politics n State Health Spending that drive them, and the important work of n Tackling Sexual Harassment in the Legislature democracy. Listen online or subscribe today. n The State of State Legislatures 2018 www.ncsl.org/podcast Available on JULY/AUGUST 2018 4 STATE LEGISLATURES SUPPORT NCSL NCSL Goes Back to School Members of NCSL’s Student-Centered Learning EXPERTISE Commission went back to the classroom in New Hampshire. The bipartisan group of 16 lawmakers “While Tennessee from eight states visited schools participating in has similar a first-in-the-nation, competency-based pilot legislation pending, program that uses fewer standardized tests and no other state has more locally developed performance assessments. passed a law like Competency education, in which students must the one in South demonstrate mastery of a subject before receiving Carolina.” credit, is expanding across the country. Legislators Sunny Deye on South Carolina’s want to understand what it is, how to implement bill to fight anti-Semitism on it and how to support it. The commission, which college campuses, from Reuters. was formed last year, will release its findings in 2019. For information, contact Sunny Deye in “More and more NCSL’s Education Program. states are passing comprehensive Students at Parker-Varney Elementary School in marijuana Manchester, N.H., produce videos, design projects programs.” and direct much of their own learning. Karmen Hanson on state lawmakers responding to increasing public support for legalized medical marijuana, on pbs.org. CONNECTIONS “It’s a complicated Foundation Welcomes New Sponsors issue, and no two The NCSL Foundation for State Legislatures works to strengthen state legislatures, counteract cynicism about states are the government, and help solve pressing state issues with public-private partnerships and dialogue. It supports NCSL’s same.” Center for Ethics in Government, the Women’s Legislative Network and a host of special projects, including leaders’ Ethan Wilson on services, e-learning, civic education, international programs and more. The foundation gratefully welcomes the state efforts to following new and upgraded sponsors: impose taxes and fees on sports Abbvie Council for Affordable Quality Healthcare National Community Pharmacists Association betting and internet gambling, in American Express Consumer Data Industry Association Nurse Family Partnerships the Philadelphia Tribune. American Water Consumer Technology Association PepsiCo Auto Care Association EcoLab Physicians for Fair Coverage “Many legislatures Biogen Express Scripts RELX Group have realized that BOMA Fresenius Medical Care Sazarec while their policies Celgene GlaxoSmithKline TSYS are strong, the overall environment Want to know more? Contact Caroline Carlson, director of development, for information. needs to change.” Jon Griffin on sexual harassment policies and the workplace culture in statehouses, in Governing IDEAS magazine. Need to Dig a Little