Stateline

Vol. 24, No. 5 • May 2015

MidwestTHE MIDWESTERN OFFICE OF THE COUNCIL OF STATE GOVERNMENTS

INSIDE CSG Midwest Issue Briefs 2-3 New approach to juvenile justice • Nuclear energy: Federal government has new plan for storing nation’s nuclear waste In states such as South Dakota, Nebraska and Kansas, reforms • Health & Human Services: HIV outbreak in Indiana leads to new law on needle exchanges reduce reliance on incarceration, invest in proven interventions • Education: Wisconsin bill would incentivize by Ilene Grossman ([email protected]) schools to improve programs for disabled • Passenger Rail: Hoosier State line had year ago, officials from all three number of young offenders were being Juvenile commitment rates in bumpy ride in first few months of 2015 branches of South Dakota govern- tried in adult, rather than juvenile, courts. Midwest, 2011 (per ment began taking a close, critical “Besides helping kids, these efforts are Around the Region 4 A 100,000 juveniles) look at the state’s juvenile justice system. preventive maintenance,” Nebraska Sen. Civic education bills pass in two states; a look at the impact of this year’s “bird flu” The working group didn’t like what 217 Bob Krist says about the state’s new laws. it saw. “In the long run, if we keep creating 108 Capital Closeup 5 “What we found is that South Dakota criminals in the juvenile justice system, Proposals in Illinois, Michigan aim to kill 385 125 155 the “lame duck” legislative session was an outlier nationally,” Sen. Alan our corrections system will blow up.” 170 Solano says. 244 As a first step, Nebraska legislators 125 Question of the Month 5 “While juvenile commitments were 115 188 passed a measure requiring that youths What is the status of “shared parenting” declining,” he adds, “South Dakota had 157 be placed in the least restrictive situation legislation and laws in the Midwest? the second-highest incarceration rate in that their offense would allow. At the the country in 2011, a rate of 385 youth same time, the Unicameral Legislature in- Profile 8 Higher than U.S. rate of 134 Michigan House Majority Floor per 100,000.” creased funding for a violence-prevention Leader Aric Nesbitt Further, that high commitment rate Lower than U.S. rate of 134 fund in local communities. was not connected to a correspondingly Then, in 2013, lawmakers expanded Source: U.S. O ce of Juvenile Justice and Delinquency Protection FirstPerson 9 high rate of violent crime, and South a successful pilot project between the Illinois Sen. Michael Connelly on “right Dakota’s juvenile offenders were staying state’s probation and health and human to try” laws for terminally ill patients do better in a community setting, and are longer in out-of-home placements than services departments. The goal: Keep more likely to reoffend if incarcerated. CSG News & Events 10 they had in the past. young offenders in their homes and out Juvenile incarceration rates have, in fact, 2015 class of BILLD fellows announced; Those placements were costly (any- of detention facilities or group homes, dropped sharply in many states over the deadline for MLC Annual Meeting is June 5 where from $41,000 to $144,000 per bed); and provide them with greater access to past 15 years. were often for misdemeanors, probation services (such as substance-abuse treat- Capitol Clips 12 Part of that decline is due to a drop violations and status offenses (such as ment and behavioral health counseling) • Laws strengthen rights of pregnant workers in the number of violent crimes being truancy and underage drinking); and as an alternative to incarceration. • Indiana legislature approves new ethics law committed by juveniles, but a shift in were not necessarily effective in treating “We created a system where one • South Dakota establishes youth minimum wage public policy has contributed to this young people (community-based supervi- person, rather than two or three or four • Michigan voters reject road-funding plan incarceration trend as well — namely, a people, is connected with a child’s case, sion tends to yield better results). decision not to commit low-risk juvenile and that person can deal with the child The state needed to do better, the offenders to state facilities. working group concluded. With this and family in real time,” Krist explains. year’s passage of SB 73, lawmakers believe Five years of reform in Nebraska Prior to this change, he says, these they have taken a big step forward, one young people could have had a probation Stateline Midwest is published 12 times a year that will save taxpayer dollars, reduce Nebraska’s reforms began in 2010, in part officer and caseworkers from several by the Midwestern Office of recidivism and improve long-term out- because the state had the nation’s fourth- social-service agencies. The Council of State Governments. comes for young people. highest rate of incarceration. And a large Jeanne Brandner, deputy administrator These same goals are driving proposed Annual subscription rate: $60. PLEASE TURN TO PAGE 6 To order, call 630.925.1922. reforms of juvenile justice systems in other states as well. Using evidence of what Using evidence of what has proven has proven to work and to work and not work in supervising not work in supervising and treating young offenders, states are and treating young reshaping their systems, in part by relying offenders, states are CSG Midwestern Office Staff less on confinement. reshaping their juvenile Michael H. McCabe, Director “There is increasing recognition from justice systems, in Tim Anderson, Publications Manager the research that the effects of incarcera- part by relying less Cindy Calo Andrews, Assistant Director on confinement. The tion have not been particularly positive,” Ilene K. Grossman, Assistant Director goals of these reforms Lisa R. Janairo, Program Director notes Josh Weber, director of the juvenile are to cut costs, reduce Laura Kliewer, Senior Policy Analyst justice program at The Council of State Gail Meyer, Office Manager recidivism and improve Laura A. Tomaka, Senior Program Manager Governments Justice Center. long-term outcomes Katelyn Tye, Policy Analyst Instead, many nonviolent offenders among young people. Kathy Treland, Administrative Coordinator and Meeting Planner CSG MIDWEST ISSUE BRIEFS

Issue Briefs cover topics of interest to the various groups and policy committees of CSG Midwest, including the Midwestern Legislative Conference, Great Lakes Legislative Caucus, Midwest Interstate Passenger Rail Commission and Midwestern Radioactive Materials Transportation Committee. Nuclear Safety & Radioactive Materials Transportation

U.S. announces two-pronged Sites of nuclear power plants in Midwest Radioactive Materials Transportation Committee plan for storage of ‘defense- plans to hold a special event in the fall to educate only,’ commercial nuclear waste legislators and other state officials about the federal radioactive waste management program, with an or decades, the federal government’s plan emphasis on shipments and their impact on this for nuclear waste — both from production region. Fof nuclear weapons and from commercial In addition to the four shut-down sites, the nuclear reactors — has been to store all of it at a Midwest is home to 19 operating nuclear power single, permanent geologic repository. plants. Spent fuel is being stored at these sites as But in March, the Obama administration an- well until a permanent repository for the nation’s nounced a significant shift in that policy strategy. commercial waste is operational. The U.S. Department of Energy now plans “to Until 2010, it appeared that site would be at move forward with the planning for a consent- Operating nuclear plant Shut-down nuclear plant Yucca Mountain in Nye County, Nevada. The federal based, defense-only repository for some of the Source: U.S. Nuclear Regulatory Commission government originally identified the site as a potential DOE-managed high-level wastes,” Energy Secretary repository in 1987, then spent two decades studying it Ernest Moniz said. Meanwhile, the DOE is still actively pursuing one and eventually filed a construction license application. This decision, he said, reflects in part the differ- or more interim facilities to store commercial spent However, in 2010 President Obama put a halt to ence between the two types of waste. The nation’s fuel from the nation’s shut-down nuclear reactors. The the licensing process, and federal funding for the inventory of high-level defense waste is finite, and Midwest currently has four of these: one in Michigan Yucca Mountain project was stripped in the next some of that waste is cooler and easier to handle (Rock Point), two in Wisconsin (Kewaunee and La budget. than commercial waste. This could mean greater Crosse) and one in Illinois (Zion). All four now store In 2013, in response to recommendations from flexibility in site selection, a simpler site design, and a their waste onsite. the Blue Ribbon Commission on America’s Nuclear shorter timeline to begin disposal at a “defense-only” Depending on the location of an interim storage Future, the DOE released a strategy document, repository. facility, other Midwestern states could serve as which emphasized using a consent-based approach For the Midwest, the impact of pursuing a defense- “corridors” for the waste as it travels from these four to identify sites for both a pilot and a full-scale only repository will depend on where it is located and reactors to a repository. interim storage facility in addition to a geologic the routes chosen for shipping the waste there. The Council of State Governments’ Midwest repository.

Brief written by Katelyn Tye, who can be reached at [email protected]. CSG’s Midwestern Radioactive Materials Transportation Committee includes representatives from the executive and legislative branches of government in 12 Midwestern states. The committee’s co-chairs are Laura Dresen of the Indiana Department of Homeland Security and Kelly Horn of the Illinois Emergency Management Agency.

Health & Human Services

Indiana authorizes local needle “This is about helping people not get infected,” exchanges to deal with health States in Midwest that have limited or says Miller, adding that she has not traditionally been removed barriers to syringe distribution a proponent of needle exchanges. emergencies, disease outbreaks Under the new law, providers of any local n the early part of 2015, an outbreak of HIV program must give individuals information on began spreading quickly in the small, southeast drug treatment and provide referrals to treat- IIndiana town of Austin. By the end of April, the ment programs. The state will also launch a pilot number of confirmed cases had reached nearly program that beefs up enforcement of drug-related 150, with many of them linked to use of the opioid crimes in targeted areas of Indiana. painkiller Opana via needle injection. Meanwhile, over the summer, a legislative com- Gov. Mike Pence declared a public health * mittee will study the efficacy of needle-exchange emergency in Scott County to deal with the programs in helping reduce disease transmission outbreak and to allow for a temporary needle- due to intravenous drug use. As part of their study, exchange program, but Sen. Patricia Miller says lawmakers will review Indiana’s criminal penalties it was important for the legislature to act as well. Limited or removed barrier for drug offenses and drug paraphernalia. They also “This is a severe epidemic,” she notes, “and it plan to explore the role of “problem-solving courts,” * New law allows for local syringe exchange programs when health came up very suddenly.” emergencies have been declared which seek to better accommodate offenders with On the last day of session, the Indiana House Source: Robert Wood Johnson Foundation’s Public Health Law Research program specific needs and problems, including drug abuse. and Senate passed SB 461. The bill, Miller says, According to the Robert Wood Johnson sought to find the right policy balance on the most Foundation’s Public Health Law Research program, contentious issue of all — the extent to which needle specific city or county. (The local government can no Midwestern state explicitly authorizes needle and exchanges should be authorized under state law. request the declaration.) A local health department, syringe exchanges. However, Illinois, Minnesota and Under SB 461, Indiana’s health commissioner a city or a nonprofit group can then initiate a needle- Wisconsin are among the 28 U.S. states that have must first declare a public health emergency in a exchange program in the targeted area. removed or limited barriers to syringe distribution.

Brief written by Tim Anderson, who can be reached at [email protected].

2 STATELINE MIDWEST MAY 2015 Education

In Wisconsin, new programs aim their programs — for example, providing students Line plan, which seeks to improve the job market for to help students with disabilities with transportation to jobs, paying for specialized people with disabilities. transition out of high school staff training, or developing Wisconsin is also home to college-prep courses for stu- % of 16-to 21-year-olds the Let’s Get to Work initiative, year after they have left high school, 58 dents with disabilities. who are employed, 2012 a federally funded project percent of Wisconsin students with disabili- “The initiative was some- With Without overseen by the state’s Board State A ties report that they have not yet worked, thing [disability rights groups] disability disability for People with Developmental participated in a job-training program or taken a already had on the table,” Disabilities. The program Illinois 21.5% 34.1% postsecondary course. Brooks says. “I decided to get aims to improve employment Rep. Robert Brooks, a first-year legislator in the going on it.” Indiana 16.0% 36.7% outcomes for students with state Assembly, believes the state and its schools If the plan isn’t adopted Iowa 38.7% 51.4% disabilities as they transition can do better for this population. with the budget, Kansas 22.9% 46.5% out of high school. His plan, introduced at Brooks plans to Each of the project’s 12 pi- MLC Chair’s Initiative: Michigan 18.0% 36.6% least initially as a budget Leveraging the then introduce lot schools has developed and Minnesota 34.2% 47.8% resolution, calls for new pay-for- Senior Year it as a stand- implemented recommenda- performance incentives for school alone bill in Nebraska 28.3% 51.5% tions to improve services and districts to improve their career- and the fall. The North Dakota 43.0% 49.2% outcomes. One strategy, for college-readiness programs for stu- Department example, has been to provide dents with disabilities. of Public Ohio 18.3% 38.9% access to courses that relate Districts would be rewarded with a Instruction South Dakota 34.4% 49.5% to the students’ interests and $1,000 payment for each student with estimates the Wisconsin 22.6% 44.8% career goals. an Individualized Education Plan who program would In the project’s first year, U.S. average 19.3% 34.1% graduates and, the following year, is need $5.8 mil- the number of students with Source: U.S. Census Bureau, 2012 American either employed or enrolled in a postsecondary lion in its initial year. Community Survey disabilities who had paid jobs school. (School districts and the state already Brooks says his new approach tripled. After three years, more collect this data.) complements existing state pro- than 60 percent of the students Schools would use these payments to expand grams, including Gov. Scott Walker’s Better Bottom from these pilot schools were working.

Brief written by Katelyn Tye, staff liaison to the Midwestern Legislative Conference Education Committee. She can be reached at [email protected]. As MLC chair, North Dakota Sen. Tim Flakoll has chosen to focus on raising awareness about the importance of preparing soon-to-be high school graduates for college and careers. In support of the MLC chair’s initiative, articles highlighting state proposals and innovations in this policy area will appear regularly in Stateline Midwest in 2015.

Passenger Rail

Route connecting two major and marketing services. Amtrak would continue to Ridership on selected rail corridor Midwest cities nearly closed due provide the engineers, conductors, tickets and access routes in Midwest, FY 2009-2014 to freight-owned tracks. Ridership, 5-year % to state-federal dispute But the FRA initially told Indiana that in order Route Frequency FY 2014 change very week, hundreds of rail passengers travel on to make such changes, the state would have to be the Hoosier State, a train that runs four days a considered a “railroad carrier” and take ultimate Chicago-St.Louis 5 daily 717,565 +42% week between Indianapolis and Chicago. responsibility for any safety issues. That new require- 7 daily (6 on E Chicago-Milwaukee 799,638 +8% For a time this spring, though, it appeared ment, state officials said, was unacceptable. Sunday) those travelers would be left without a train to ride. “INDOT cannot agree to become a railroad or a rail- Chicago-Detroit/ 3 daily 477,157 +7% Before the state of Indiana and Federal Rail road carrier as that would require a significantly higher Pontiac, Mich. Administration reached an understanding in early commitment of resources, the assumption of additional Chicago-Grand 1 daily 100,961 -2% April, a dispute between them threatened to end liability, and uncertainty over employment practices,” Rapids, Mich. service on the Hoosier State. And even now, questions department Commissioner Karl Browning wrote in a Chicago-Port 1 daily 191,231 +44% about the long-term future of the rail line remain. March 6 letter to U.S. Transportation Secretary Anthony Huron, Mich. Seven years ago, with passage of the Passenger Foxx. Without a change in the FRA’s position, he added, Chicago- the Hoosier State would cease operations. 3 daily 375,443 +45% Rail Investment and Improvement Act, the U.S. Carbondale, Ill. Congress ended funding for Amtrak routes of less INDOT announced in early April, however, that it

than 750 miles, including the Hoosier State line. was able to reach an understanding with the FRA. The Chicago-Quincy, Ill. 3.5 daily 249,734 +23% In 2013, Indiana became responsible for any oper- new deal, INDOT says, establishes “clear lines of ac- Chicago- 4 weekly 33,930 +8% ating and capital costs not generated by ticket revenue. countability for passenger rail safety and accessibility.” Indianapolis (Other states in the region had already been paying for Improving the service and ensuring continued Midwest totals 3.14 N/A +27% similar shorter-distance “corridor” service.) financial support for it is another work in progress. This (all routes) million Indiana initially contracted with Amtrak for the year, the legislature’s biennial budget bill included $3 Source: Amtrak service, with communities along the line providing million in annual funding for the Hoosier State. more than half of the funding and the Indiana In April, the president of Iowa Pacific said that pay the cost of intercity passenger rail service on Department of Transportation providing the rest. the company plans to institute a variety of marketing shorter service routes such as the Hoosier State. In 2014, the state and its local communities agreed packages to increase ridership, and would eventually The Midwest Interstate Passenger Rail Commission to find a better model for operating the line. Later like to see 12 round-trip trains a day on the route. has been encouraging states and the FRA to resolve that same year, the state chose Iowa Pacific Holdings In all, 18 states, including Illinois, Indiana, safety issues with these routes without requiring to provide the rail cars, food and beverage service, Michigan and Wisconsin in the Midwest, currently states to be designated as “railroad carriers.”

Brief written by Laura Kliewer, director of the Midwest Interstate Passenger Rail Commission, which was formed by an interstate compact agreement and now includes nine member states. Laura can be reached at [email protected]. Tim Hoeffner, director of the Michigan Department of Transportation’s Office of Rail, serves as MIPRC chair; information is available at www.miprc.org.

STATELINE MIDWEST MAY 2015 3 AROUND THE REGION North Dakota, South Parts of Midwest hit hard by Dakota OK new policies on civics education strain of ‘bird flu’; millions of ow many amendments does the U.S. Constitution have? How old do citizens birds and dollars lost to virus Hhave to be to vote for presidents? How many U.S. senators are there? highly contagious strain of “bird flu” hit Parts of Midwest with con rmed cases of Those are among the 100 questions that new the United States this year, and parts of highly pathogenic avian inuenza, H5N2 immigrants study and learn before taking the test Athe Midwest have been the epicenter of the to become a U.S. citizen. outbreak. Now, some state legislatures are considering As of early May, highly pathogenic avian proposals to require students to pass the citizenship influenza, H5N2, had been identified in 17 states, test in order to graduate from high school. with outbreaks at more than 60 farms in Minnesota Earlier this year, North Dakota became the alone and the loss of more than 28 million birds. second U.S. state to pass such a requirement. Under Bird flu has also been reported on farms in Iowa, HB 1087, members of the high school class of 2017 Kansas, North Dakota, South Dakota, Wisconsin must score at least 60 percent on the 100-question and Ontario. citizenship test. In following school years, students The majority of farms hit by the virus have must answer 70 percent of the questions correctly. been commercial turkey operations, but several

In South Dakota, legislators unanimously large egg-layer farms with more than 1 million Source: U.S. Department of Agriculture, Animal and Plant Health Inspection Service adopted a concurrent resolution (SCR 6) that birds have been impacted. And backyard flocks directs the state Department of Education to are not immune, with some affected farms having In Minnesota, Jennie-O Turkey, a division of incorporate questions from the citizenship test fewer than 40 birds. Hormel Foods, is laying off 233 employees due to into the curriculum for the mandatory course This form of bird flu kills domesticated poultry reduced bird supplies. in high school government. quickly (especially turkeys) once it gets into a This animal-health emergency is also costly to Every state in the Midwest, in fact, requires that barn. It can spread through an infected bird’s states. In Minnesota, Agriculture Commissioner high school students receive instruction or take a droppings or discharges, and while there is no Dave Frederickson puts the price tag over a course in American government or civics. danger to the public or to consumers of poultry two-month period alone at about $900,000 — for But the Civics Education Initiative is push- products, the recent flu strain is devastating the overtime pay for veterinary technicians and for ing for new laws around the country that make poultry industry. Board of Animal Health employees helping with passage of the citizenship test a prerequisite for When identified, all surviving birds are depopulation and information sharing. high school graduation. A total of five U.S. states euthanized and composted on the farm at a cost Earlier this year, the Minnesota Legislature have adopted some version of the law. of about $2 million per farm. Any farms with birds approved legislation to cover the costs of the emer- In April, the U.S. Department of Education within a 6-mile radius are quarantined — with no gency response through this fiscal year; another $1.2 released the results of eighth-graders’ perfor- movement in or out. As a result, this outbreak of million will be allocated in the next two-year budget mance on the civics portion of the National bird flu is a financial hit not just to one facility, to combat animal or plant diseases. North Dakota Assessment of Educational Progress. Twenty- but to other farms within the quarantined area. legislators allocated an additional $300,000 for their three percent of them scored at or above “In addition to the economic impact ex- Department of Agriculture. According to Iowa Sen. “proficient”: demonstrating solid academic pected to [hurt] the $1.2 billion poultry industry David Johnson, lawmakers in his state have been performance and competency over challeng- in Minnesota, there are practical issues resulting trying to determine whether to cap emergency ing subject matter. Twenty-six percent of the from composting 50,000 or 100,000 birds on site,” appropriations for the Department of Agriculture eighth-graders scored “below basic.” The results says Rep. Paul Anderson, chair of the Minnesota or leave emergency funding open-ended. for 2014 were a very slight improvement over Agriculture Policy Committee. The governors of Minnesota, Iowa and student scores from 2010. The U.S. Department of Agriculture has a Wisconsin, meanwhile, declared states of emer- “This is our future, the next generation of compensation program for affected farmers; gency and mobilized their National Guards to help leaders, the ones whose votes will decide the it pays about $25 for every bird that must be with cleanup and security. direction of this country for decades to come,” euthanized. Farmers, though, are responsible for Avian influenza viruses typically disappear due says Frank Riggs, president and CEO of the the value of birds that die due to the disease. (The to ambient temperatures by mid-May. The concern Joe Foss Institute, which created the Civics Canadian Food Inspection Agency compensates with this outbreak, though, is that epidemiologists Education Initiative in 2014. Canadian farmers for lost poultry, paying $20 for have not been able to figure out exactly how the “We have to make sure our kids understand a non-breeding chicken and $70 for a turkey.) birds are contracting the disease. how our government works, and what their Farmers affected by this outbreak of bird flu More than a decade ago, each state developed a responsibilities for it are.” have no product to sell, and their barns can be response plan to focus on and coordinate surveil- out of commission for months. Other financial lance for diseases that might be communicable Performance levels of eighth-graders on concerns include the cost of testing, bans on the from animals to humans. civics portion of National Assessment shipment of products, and the closing of key export Work on those plans has helped states bet- of Educational Progress markets. ter prepare to handle this outbreak of bird flu. Below More than 30 countries have banned poultry Though they work closely with the USDA, states basic Basic Proficient Advanced imports from affected states. The USDA is predicting are responsible for handling ground operations, that this outbreak will reduce the country’s $5.7 billion defining quarantine zones, assisting in biosecurity poultry export market by more than 8.4 percent. protocols, and testing the animals. All students 26% 51% 22% 2% State departments of natural resources, too, Turkey, egg production in Midwest have ongoing wildlife programs that test thousands Asian/ 17% 44% 34% 5% of wild birds each year. And state departments Paci c Islander Type of Leading states in Midwest of health monitor and test poultry employees to production (U.S. rank) Black 45% 46% 9% ensure there is no transfer to humans. There has # of turkeys Minnesota (1), Indiana (4), Ohio (10) been no evidence that this strain can infect people. raised in 2013 and South Dakota (11) Hispanic 39% 50% 11% 1% # of eggs Iowa (1), Ohio (2), Michigan (3), Indiana Article written by Carolyn Orr, staff liaison to CSG Midwest’s produced in 2013 (4), Minnesota (11) and Nebraska (12) Midwestern Legislative Conference Agriculture & Natural White 14% 55% 29% 3% Resources Committee. She can be reached at [email protected]. Source: U.S. Department of Agriculture, National Agricultural Statistics Service Source: U.S. Department of Education, “The Nation’s Report Card”

4 STATELINE MIDWEST MAY 2015 CAPITAL CLOSEUP Proposals in Illinois, Michigan aim to kill the ‘lame duck’ session

by Tim Anderson ([email protected])

ove them or hate them, lame-duck sessions are majority) have taken advantage of lame-duck (1998), creating the Department of Homeland indisputably a time on the legislative calendar sessions, Rep. Jim Durkin says, at the expense of Security (2002) and reaching a deal to avoid the Lwhen big things often get done. public trust in the legislature. so-called “fiscal cliff” (2012). In early 2011, for example, during the final “You have situations where legislators’ district A December analysis by the Pew Research Center days of Illinois’ 96th General Assembly, legislators phones have been turned off because they’re focused on productivity as well. How much gets done passed an income-tax increase, legalized same-sex leaving office, but they’re still voting on important during lame-duck sessions compared to other times marriage and abolished the death penalty. policy issues,” says Durkin, current minority leader of the year? For the last Congress, 87 bills were passed More recently, in late 2014, the in the Illinois House. “That’s not during the lame-duck period; that is nearly one-third Michigan Legislature approved a $1.2 of all the bills passed during the entire two-year term. Capital Closeup representative government.” billion plan to raise more money for He adds that the lame-duck ses- Timing partially explains this rise in activity. the state’s roads. (Voters ultimately sion can lead to vote trading among Lame-duck sessions occur at the end of the year, rejected this legislatively referred members — outgoing legislators when there is a rush to complete unfinished business. constitutional amendment.) agreeing to support or oppose a bill But the Mercatus Center study also notes how The term “lame duck,” used for in exchange for help in their post- voting patterns change during lame-duck sessions. decades in American politics, refers to legislative career (the promise of a Members are slightly less likely to side with their an official leaving office due to retire- new job, for example). own parties and less likely “to indulge most special ment or an election loss. Under his proposal, the outgoing Illinois interests.” Lame-duck legislators are also more likely For some states in the Midwest, lame-duck General Assembly could not convene or act on leg- to “ignore the ideological wishes of their constituents,” sessions don’t occur because of the typical calendar islation unless the governor and all four legislative some research has shown. for a part-time legislature: Lawmakers adjourn leaders agree to hold a special session. In addition, In Michigan, Johnson says, the loss of account- well ahead of Election Day. the governor would be inaugurated and the new ability to voters is due in part to legislators know- But at the federal level, and in states such as General Assembly would convene much sooner ing they will soon leave office. But he cites another Illinois, Michigan and Ohio, “lame duck” sessions after Election Day. factor as well: a rushed lawmaking process. occur regularly — after fall elections but before a “You end up with 200 or 300 bills to do in a new legislature convenes. Lame-duck sessions in Congress two- or three-week period,” he says. “In that kind Some legislators in Michigan and Illinois say it of time frame, it’s hard for the Legislature to be is time to kill the lame duck in their states. Considerable research has been done on lame- informed, let alone the public. Bills just don’t get “If a bill wasn’t good enough to pass before the duck sessions in the U.S. Congress, including two the normal vetting.” election, it’s probably not good enough after it,” says studies released in the latter half of 2014. Michigan Rep. Joel Johnson. His proposal would As part of their study, researchers at George Capital Closeup is an ongoing series of articles focusing on require the Legislature to adjourn on the Friday Mason University’s Mercatus Center list some institutional issues in state governments and legislatures. before Election Day in even-numbered years. of the big congressional actions taken during Previous articles are available at www.csgmidwest.org. In Illinois, both political parties (while in the lame-duck sessions: impeaching a president QUESTION OF THE MONTH

Nebraska’s LB 437 encourages courts to adopt QUESTION: What is the status of “shared parenting” legislation and a parenting plan that provides for joint legal laws in the Midwest? custody. It also would bar judges from issuing orders that give one parent less than 35 percent of parenting time (minus extenuating circum- The National Parents Organization, a group that other states, too, concerns have been raised that stances such as child abuse or physical assault). advocates for “shared parenting,” defines the shared-parenting proposals would not allow for term this way: “require equal or, when that’s not enough judicial discretion in individual cases. Three years, ago, Minnesota Gov. Mark Dayton ve- feasible, nearly equal parental responsibilities” in toed legislation (HF 322) that would have raised the child custody cases. The North Dakota ballot measure lost by a vote amount of time each parent is presumed to get with of 62 percent to 38 percent. his or her children — from 25 percent to 35 percent. In the Midwest, many “shared parenting” laws have been considered in state capitols and on Last year, the South Dakota Legislature passed “Each divorce has its own unique set of facts, statewide ballots. But to date, proposals to man- SB 74, a bill that requires judges to consider joint conditions and circumstances,” he wrote in his date (with some exceptions) joint and/or physical physical custody when either parent requests this veto message. “Thus it is very hard to codify one child custody have failed. arrangement. set of presumptions and preferences which will apply to every family situation.” This past fall, for example, North Dakota voters This new law, however, doesn’t mandate shared rejected an initiated statutory measure which parenting, nor does it require judges to presume But that veto didn’t end work on changing the would have presumed that both parents are fit that this arrangement is in the best interest of a state’s laws governing child custody. Last year, and should be awarded equal parental rights child. In addition, if a parent has a history of do- the Legislature passed HF 2722, which states that and responsibilities. Only “clear and convincing mestic abuse or assault, joint physical custody is there is no presumption for or against joint physi- evidence” could rebut this presumption of fitness. presumed not to be in the best interest of a child. cal custody. (Historically, Minnesota courts have shown a preference against this arrangement.) Advocates for this type of statutory change say it This year, Michigan (HB 4141) and Nebraska would help more children of divorce have a full (LB 437) are among the states where versions relationship with both parents. of shared-parenting laws have been introduced. Article written by Tim Anderson ([email protected]), CSG Midwest publications manager. Question of the Month But detractors of the North Dakota ballot meas- The Michigan legislation would make joint and shared highlights an inquiry sent to the CSG Midwest Information ure said the state’s current law takes the pre- physical custody the presumed outcome in cases, Help Line. To request assistance, please contact us at ferred approach: make the “best interests of the minus “clear and convincing evidence that a parent is [email protected] or 630.925.1922. child” the standard in child custody decisions. In unfit, unwilling or unable to care for the child.”

STATELINE MIDWEST MAY 2015 5 COVER STORY

CONTINUED FROM PAGE 1 New laws on juvenile justice put greater emphasis on evidence-based treatment of Nebraska’s Office of Probation Administration, More money for diversion programs says this change has enabled the state do a better Change in Midwest’s juvenile job of helping its young people. commitment rates, 1997-2011* n South Dakota, if the state’s projections hold “It is better to keep kids who are either in the true, the Legislature’s actions this year will truly reshape the juvenile justice system. juvenile justice or child welfare system, and are in +10% I danger of crossing over into the other system, in By 2020, the number of youths in residential -46% the one they are already in,” she adds. facilities is expected to drop by 50 percent, while -2% -55% the number of juveniles on “They won’t have multiple people … trying to -40% probation will fall by nearly coordinate their care.” -24% +4% 30 percent. Also under this 2013 legislation, before a juve- -45% nile is committed to a residential center, all local -43% -28% At the heart of this year’s reforms is a push to get more community-service options must first be reviewed -38% and exhausted. Finally, the bill allocated more youths diverted from the court system and to commu- dollars for local governments * Over this time period, the commitment rate in the United South Dakota to provide evidence-based States dropped by 48 percent nity-based programs. Sen. Alan Solano treatment. By the follow- Source: The Pew Charitable Trusts Under SB 73, the state ing year, 11 new diversion will provide new financial programs had been created Kansas is now requiring that risk-assessment incentives ($250 per child) to counties for these throughout Nebraska. tools be used to determine the likelihood of a youth diversion programs. This will keep youths in This year, Krist co- reoffending. These tools help guide decisions on how need of supervision, rather than incarceration Nebraska Sen. sponsored legislation (LB to supervise and treat each juvenile offender. (lower-risk, low-level offenders), from going more Bob Krist 500) calling for the state “We want the least restrictive situation possible deeply into the system. to seek a federal Medicaid for juveniles, commensurate with public safety,” Under the legislation, only the most serious waiver so that some juveniles on probation could Rubin says. “You can’t do that without a risk juvenile offenders will be committed to residential receive certain proven, intensive therapies. A assessment.” facilities. Nebraska-based foundation would cover the costs Last year, too, legislators created a lower level of “A second goal,” Solano says, “was to develop a for training therapists. offense in their sentencing procedures for juveniles. more comprehensive, evidence-based approach and The new category is for young people whose offense increase access to high quality, community-based ‘Far too much recidivism’ was not a risk to public safety (a status offense, for programs.” example). As a result of the statutory change, these These programs will provide the type of As in Nebraska and South Dakota, recent reforms offenders will no longer be support that leads to better long-term outcomes in Kansas have been driven in part by lawmakers incarcerated unless a judge for young people — for example, addressing taking a critical, comparative look at their juvenile finds a compelling reason to substance abuse, behavioral issues or family systems. do so. problems. Funding for these programs will come “It became abundantly clear that we had some Rubin hopes to pass leg- from justice reinvestment: using some of the major shortcomings in our system,” says Rep. John islation next year that will money saved by keeping more young people out Rubin, chair of the Kansas House Corrections and prevent youths who have Kansas Rep. of state facilities. Juvenile Justice Committee. committed status offenses John Rubin “The more we can do earlier [to help the “There was far too much recidivism, much or misdemeanors from ever juveniles], the greater impact we believe we can worse than national averages. Other states were being sentenced to a correctional facility. have,” Solano says. using a more modern, evidence-based approach. “The surest way to take a youthful offender To track the progress of the reforms under “And our incarceration level was too high. who has committed a relatively minor offense and SB 73, South Dakota created an oversight body Most children are better off being treated in the turn them into a hardened criminal is to place composed of leaders from all three branches of community.” them with hardened criminals, he says. government.

Offense profile of juvenile offenders committed Core principles for reducing recidivism, improving to state facilities long-term outcomes in juvenile justice systems Type of crime/% of total juvenile commitments ü Identify who is least and most likely to reoffend — The use of State Public Technical validated risk-assessment tools allows judges to minimize interven- Person1 Property Drug Status3 order2 violation tions for low-risk offenders and target more intensive and restrictive interventions to high-risk offenders. These tools also identify the Illinois 36% 24% 12% 11% 15% 2% cause of the delinquent behavior, a critical step in developing an Indiana 25% 30% 12% 16% 10% 7% effective case-management plan for each offender. Iowa 40% 24% 11% 10% 5% 11% ü Effectively address individual needs and then focus on positive development — An increased emphasis on providing services such Kansas 48% 27% 9% 9% 2% 3% as cognitive behavior therapy and family counseling can help reduce Michigan 32% 24% 5% 12% 15% 11% recidivism rates. Minnesota 44% 23% 3% 15% 11% 5% ü Better coordinate services among different state agencies and systems — Young offenders in confinement, who generally have the Nebraska 28% 33% 8% 12% 6% 12% highest risk of reoffending, may need a number of different services North Dakota 22% 20% 12% 10% 2% 34% — treatment for substance abuse, help with educational challenges, and mental- or behavioral-health counseling. Ohio 49% 24% 3% 12% 11% 2% South Dakota 21% 15% 10% 17% 17% 21% ü Take a “developmentally appropriate” approach — Research on the human brain indicates that teenage brains are not fully mature. Wisconsin 45% 27% 6% 16% 1% 5% These developmental differences between teenagers and adults United States 37% 25% 7% 11% 14% 5% should be recognized in state justice systems. Also, there should be a more systematic engagement of families, and youth should be 1 Includes violent crime and assaults involved in some of the decisions about interventions directed toward 2 Includes offenses such as obstruction of justice, liquor and weapons violations, and disorderly conduct them. 3 Offenses considered crimes based on age of offender (truancy, curfew, underage drinking, etc.) Source: The Council of State Governments Justice Center, National Reentry Resource Center Source: National Center for Juvenile Justice, “Juvenile Offenders and Victims: 2014 Report”

6 STATELINE MIDWEST MAY 2015 FEATUREQ&A ON JUVENILE STORY JUSTICE

Room for reform: States, CSG Justice Center explore strategies that improve outcomes for young people

Better data collection, risk assessments and service coordination can help reduce rates of recidivism

ince being established in 2006, The Council of State Governments Justice Center has helped “Services that focus on positive Spolicymakers across the country improve their criminal-justice systems. development, like family-based Experts at the center work with all three therapy or cognitive behavior branches of government to develop evidence- based strategies to increase public safety and therapy, have proven to be strengthen communities. For states wanting to improve prisoner re-entry policies, reduce recidi- the most effective.” vism or invest their justice dollars more wisely, for Josh Weber, director of CSG Justice Center youth program example, the center has helped legislators develop data-driven policy solutions. The center is now putting a greater emphasis For youth at low risk to reoffend, the research has That means working with families is critical. on juvenile justice reform. shown that the best thing you can do is to leave Also, supervision should be less focused on punitive In a recent CSG Midwest interview, Josh Weber, them alone in most cases. They may need services measures and more focused on promoting positive director of the center’s juvenile justice program, from systems other than the juvenile justice system behaviors, and there should be a continuum of discussed how states can improve outcomes for responses that are appropriate when juveniles commit young people, while also reducing the system’s (for example, mental health or substance-abuse a technical violation of their probation or parole. costs for states and their local communities. Here treatment), but doing much more than that may do For example, don’t immediately incarcerate a are excerpts from the interview. more harm than good. You don’t want to mix them with higher-risk offenders. youth who breaks curfew. Make sure the reaction fits the offense. Why has the CSG Justice Center now turned On the opposite end of the spectrum, reserve the some of its attention to helping strengthen system, and its span of services, to youth who are a Q: What impact does incarceration have on states’ juvenile justice systems? higher risk to reoffend. Limit confinement in general, juveniles? but if you are going to use it, limit it to that population. Q: The Justice Center Board [made up of If states target the services to those most in need, they There is increasing recognition from legislators, judges, law enforcement officers A: will get the most bang for their buck. A: the research that the effects of juvenile and others] was well aware of the work we had done incarceration have not been particularly positive. in criminal justice, and it wanted to see if we could How do you determine which young people The recidivism rate for youths who have been improve outcomes in the juvenile justice system. Q: are at a greater or lesser risk of reoffending? incarcerated can be quite high. There is also some In some ways, the juvenile justice systems research, although not a great deal yet, showing Use validated assessment tools to help had already made dramatic progress over the that for youth who stay longer in facilities, there predict risk to reoffend. These tools also last decade. States had dramatically decreased A: is a point of diminishing return: Long stays can help identify what is driving delinquent behavior, incarceration rates. There were lots of positive lead to higher rates of recidivism. trends, such as diverting lower-risk youths to the which can allow for the targeting of services to community. But there was less attention being address those needs. What are some of the consistent problems paid to the recidivism rate, both for youths on It’s important to then have services that actu- Q: you see with state juvenile justice systems? community supervision and for incarcerated kids ally address those needs. The research shows that A state can have some of the best policies, who were being reintegrated into the community. services that have a punitive approach — those supported by research, but if they are not Within the last year or two, the Justice Center based on discipline, like a boot camp, or are A: implemented the way they are supposed to, then authoritarian — don’t really work. has produced a number of publications to help they will not be successful. This may require the Services that focus on positive development, states improve outcomes for youth in contact legislature to have more direct oversight over like family-based therapy or cognitive behavior with the juvenile justice system. The program funding and policies. works with a diverse array of states (including therapy, have proven to be the most effective. Data collection seems to be a problem for states Kansas and Nebraska in the Midwest) and counties Then hold those service providers accountable as well. Sometimes responsibilities cross branches through the National Reentry Resource Center. by tracking outcomes. Research has also shown of government or state and local lines, so tracking that youth in the deeper end of the system have outcomes across the different systems can be dif- What factors should state policymakers significant mental health and substance-abuse ficult. Most states do not have a centralized data Q: consider as they review their systems? needs, and they also have education challenges. system, and it is important to have that to track Data collection and analysis need to be Also, up to two-thirds have some involvement youth throughout the system. A: improved. They also should consider in the child welfare system. So in order to address Finally, there is not always coordination across reducing the population of youth in confinement, these needs, the juvenile justice system needs states’ different service systems, since they work which has cost implications. to partner with [education and child-welfare] across populations. State policymakers also want to position youth systems to best address youth needs. for long-term success. This includes making sure What is the role of all three branches of state they have good educational outcomes, which can How can states use the research that has Q: government in reforming juvenile justice set them up for meaningful employment later on. Q: been done about young people and brain systems? development? It is critical that everyone shares the same What does the research show about what Youths are biologically and neurologi- A: vision. Focus on a statewide plan that Q: a successful juvenile justice system should A: cally different from adults. They take everyone — all three branches — buys into. It is also look like? more risks. They don’t think about the long-term important to provide judges with good data, so they First, make supervision and service deci- consequences of their actions, so you need to work know what kinds of placements will work and which A: sions based on the youth’s risk to reoffend. with them in that context. ones won’t.

STATELINE MIDWEST MAY 2015 7 STATELINE PROFILE Michigan Rep. Aric Nesbitt Majority floor leader has been part of big policy changes in his home state, and now wants to help pass new energy plan

by Tim Anderson ([email protected])

hen he thinks back to when his interest in near the top of that list is creating a new long-term politics began, Aric Nesbitt first recalls a energy plan for Michigan. Bio-sketch: Rep. Aric Nesbitt Wsingle page in his seventh-grade history CSG Midwest recently interviewed Nesbitt about textbook. his legislative career, his role in leadership, and his  first elected to Michigan Legislature On it was information about the U.S. Congress’ proposed new energy plan for Michigan. in 2010 centuries-long page program for young people. For Here are excerpts from the interview.  the son of a sixth-generation farming family from majority floor leader and chair of southwest Michigan’s Porter Township, the nation’s What did you learn from that previous experi- House Energy Policy Committee capital seemed a world — or many worlds — away. Q: ence of traveling to and working in different  former legislative director in U.S. But the chance to get an up-and-close look at state capitols around the country? House of Representatives and former the nation’s legislative process intrigued Nesbitt, It was really eye-opening to see how the staff person in the Michigan Legislature and a few years later in high school, he successfully states operate and how the legislatures work  applied to be a congressional page. A: raised on a farm in southwest so differently in order to get things done. You travel to Those few months in Washington, D.C., Michigan Utah, and you see the early mornings and long nights changed his life.  that it takes to get things done in a 45-day session. a 2012 graduate of CSG Midwest’s “I had come from a poorer family and a farming We don’t have the rushed activity here in Michigan, Bowhay Institute for Legislative background, and my parents had never given to where we meet throughout the year. And then you see Leadership Development a political campaign,” he says. “Being there [on the hybrid approach taken in states like Minnesota. Capitol Hill] really opened my eyes. It made me I don’t think any of the approaches are either right realize that these members came from varied or wrong. But it is a reminder about the importance new long-term energy plan for the state. Why does backgrounds.” of the idea of states being laboratories of democracy, Michigan need a new approach to energy? It was the first of many experiences that uniquely and they’re laboratories of policy as well. You see prepared Nesbitt for a legislative career of his own. Part of the challenge is the federal rules com- different ideas being tried across the country, and After working his way through college, he went A: ing down that will likely mean the closure you grow an appreciation that not everything should on to serve as a legislative director for two members of nine coal plants in Michigan over the next year be solved at the federal level. Having things decided of the U.S. Congress, ran the campaign of a former and a half. With that change, how are we going to Michigan state legislator, and visited state capitols closer to home can be really beneficial. build a “Michigan-centric” policy on energy that around the country through his work on behalf of ensures we have a reliable and affordable supply of Since you took office in 2011, what are some Americans for Tax Reform. energy — and an adaptable energy plan — for the of the things you’ve learned about what it Then, in 2010, a state legislative seat opened up Q: future? That is the challenge. takes for a party caucus and individual legislators in Nesbitt’s home district, an area that his family has to be successful? Part of your solution is for Michigan to return called home since the early part of the 19th century. to a “fully regulated” electricity system, as “After traveling internationally and to other states, First, I think you need honesty and open Q: opposed to the system now where some generation I felt like I could come back and make a difference communication with the entire caucus. A: can come from alternative electric suppliers, includ- at home,” he says. “At the time, too, we were coming You don’t want to surprise people; you want to ing from out of state. Why do you prefer the “fully out of a ‘lost decade’ in Michigan [due to the poor draw people in and work with them. regulated” model? economy]. But the other thing is, Don’t be afraid of the next “This really was a once-in-a-generation opportu- election. Instead, look to the next generation and I believe that is the best way to ensure nity for me to make a difference.” focus on the generational changes that you want to A: reliability over the long-term for the state As it turns out, too, his party took full control of see. A lot of times, I think there can be a fear of action. [by providing the in-state, regulated utilities with the governor’s office and state Legislature. If you feel it’s the right thing to do, stand up and do the market certainty they need to invest in and “I have not been disappointed in the past four it. I saw that in my first year, when we balanced the build capacity]. In other states that have gone to a years over what we’ve been able to do,” he says. budget, reformed our tax system and started taxing deregulated model, the experience hasn’t been as He cites a long list of big policy accomplishments pension income. That impacted a lot of individuals. successful as people had claimed or had hoped. You and changes: balancing the budget, paying down But in my district, even if they don’t agree with see states such as Virginia, Arizona and Montana some of the state’s long-term liabilities, reforming me, I’ve found that folks will respect you if you’re going back to a fully regulated model. Michigan’s business tax and adopting “right-to-work” willing to make decisions, and then be honest and legislation. accessible to them. You also propose keeping the state’s renewable Now in his third and final term in the Michigan Q: portfolio standard at 10 percent. Why not House (because of the state’s term-limits law), Nesbitt In addition to your caucus leadership role, raise it? is serving as majority floor leader for the Republican Q: you’re serving as chair of the House Energy The idea now is for those industries to stand caucus. He still has plenty left to get done, and at or Policy Committee and leading efforts to develop a A: on their own. We’re going to look at the most competitive fuel options for Michigan. What gives us the best value? If those industries are competitive, “In my district, even if they don’t agree with they’ll be part of the mix. There are many other parts of the plan as well. me, I’ve found that folks will respect you if We want to improve the type of advocacy provided to residents [in disputes with utilities over rates]. We you’re willing to make decisions, and then be also want to find ways to get more natural gas lines to rural communities. That will secure better economic honest and accessible to them.” opportunities in those rural areas, because they will have access to a more secure fuel at a lower price.

8 STATELINE MIDWEST MAY 2015 FIRST PERSON A FORUM FOR LEGISLATORS AND CONSTITUTIONAL OFFICERS The ‘right to try’ in Illinois Bipartisan measure improves terminally ill patients’ access to experimental drugs; new laws already in place in some states

by Illinois Sen. Michael Connelly ([email protected])

t’s not very often in the rough-and-tumble • the drug has successfully completed basic safety ‘Right to try’ legislation (as of April) history of Illinois politics that you find an testing and is part of the FDA’s ongoing approval process; Iissue that unites all spectrums of the political • the patient has provided “informed consent” divide — until now. acknowledging the potential risk of the drug; and I’m from a region in the western suburbs of Chicago • the company developing the medication is that is traditionally Republican — DuPage County. willing to make it available to the patient. My ally in this endeavor is state Rep. Greg Harris, It’s important to note that the act does not obligate who represents a district in the city of Chicago that drug manufacturers to provide an experimental drug one would describe as a bastion of liberal Democrats. to a patient nor obligate insurers to provide coverage to Rep. Harris and I are united in trying to provide an eligible patient who seeks experimental treatment. Illinoisans facing terminal illness with expedited access to experimental medications that may save or prolong Bill has broad statewide support their lives. This joint legislative effort hopes to bring State has passed law allowing terminally ill ep. Harris and I have met with representa- what is referred to as the Right to Try Act to Illinois. patients to more easily access experimental tives from a number of pharmaceutical What drew my attention to this legislation from medications that have not yet been approved companies, the Illinois State Medical Society, the outset is the fact that elected officials from both by the U.S. Food and Drug Administration R members of the legal community and other inter- sides of the political spectrum saw this issue the same Similar legislation has been introduced in ested constituencies across the state to discuss the way. Any piece of legislation that liberal Colorado Gov. state details of the bill. I am not aware of any opposition John Hickenlooper and conservative Louisiana Gov. Similar legislation has not been introduced to the legislation. Bobby Jindal see the same way deserves a hard look. in state In Illinois, there is strong bipartisan and bicameral Source: Regulatory A airs Professionals Society; CSG Midwest research support for the act; as of mid-April, HB 1335 had Hit movie has real-life resonance passed the House by a vote of 114-1-1 and SB 29 had Late last year, my wife and I were at home watching also submit lengthy documentation. The FDA then passed the Senate by a vote of 52-0. the 2013 film “Dallas Buyers Club,” which was set has a month to review the submission and either If the act becomes law, Illinois will join a grow- in 1985. The film’s main character is the hard-living grant or deny the request. ing number of other states with right-to-try laws, cowboy Ron Woodroof. A separate committee called the Institutional including Indiana, Michigan, North Dakota and Woodroof contracts AIDS, and doctors give him 30 Review Board must also approve the patient’s use of the South Dakota in the Midwest. days to live. During the initial HIV/AIDS scare of the medication. This process can take a month to complete. Upon the filing of our respective bills, Rep. mid-1980s, very little was known about the disease. Terminally ill patients who receive a diagnosis of less Harris aptly noted: “I hope this shows that in In real life, Woodroof spent seven years fighting for than six months to live have little time to waste. Illinois, Republicans and Democrats, social liber- the right to access alternative medicines and treatments To be sure, the FDA has announced plans to als or social conservatives, can reach across the already available in other countries. While it makes for a shorten the application process, which is helpful but aisle to solve problems for suffering families. ... dramatic movie, scenes like these — of people who are only addresses one part of the approval process. If your ‘Right to try’ is a huge leap forward to help connect terminally ill and denied access to experimental medical child is dying from a terminal illness and you and your our state’s most terminal patients with some of the treatments ­— play out across the Midwest every day. physician are aware of an investigational medication nation’s best medical resources, including those There are few, if any, of us who have not had a that appears to be helping other children, shortening here in Chicago, and give them the gift of life.” relative, friend or colleague afflicted with cancer, an approval process doesn’t necessarily accomplish I am hopeful that Illinois will join the many Alzheimer’s, AIDS or some other terminal illness. the objective of expedited access to that medication. other states that are providing their residents Last year, much of our country was caught up in the I am hopeful that the FDA will implement an access to new medications that provide them a chance to fight to live. frenzy of the ALS Ice Bucket Challenge, which not only expedited process soon. What a sea change that I would like to personally thank the Goldwater raised awareness and tens of millions of dollars toward would be for the terminally ill. Institute and my legislative colleague Greg Harris for research to find a cure for Lou Gehrig’s disease, but In the meantime, states are stepping up to provide a their advocacy on this sensitive issue. Additionally, also began a national dialogue on access for terminally framework for their residents to access these very same I would like to thank the two dozen legislative allies ill patients to potentially life-saving medications. medications. The Arizona-based Goldwater Institute who have signed on as co-sponsors of this important Today, these people have few options. One can at- has taken a lead role in promoting “right to try” legislation. tempt to enroll in a clinical trial, but it’s estimated that 97 legislation. Kurt Altman, Goldwater’s national policy percent of terminally ill Americans are not in a clinical adviser and general counsel, has testified before more Sen. Michael Connelly, a Republican from Wheaton, was trial. Sadly, many of those 97 percent travel to foreign than 20 state legislative bodies just this year alone. first elected to the Illinois Senate in 2012 after serving countries to gain access to the newest medications. “‘Right to try’ allows terminally ill patients two terms as a state representative. Currently, the U.S. Food and Drug Administration access to medicines that have passed Phase 1 of the has what is called the “compassionate use” program. FDA approval process but are not yet on pharmacy Each year, roughly 1,000 Americans successfully shelves,” Altman says. “This expands access to Submissions welcome complete the program’s application process. potentially lifesaving treatments years before This page is designed to be a forum for legislators and Critics of the program say it is complicated, time- patients would normally be able to access them.” constitutional officers. The opinions expressed on this page consuming and expensive. To begin the application Based on the institute’s model legislation, the process, patients need a doctor willing to spend ap- Illinois Right to Try Act (HB 1335 and SB 29) would do not reflect those of The Council of State Governments or proximately 100 hours on it. Clearly, 100 hours spent allow a patient access to experimental medications if: the Midwestern Legislative Conference. Responses to any writing an application for an experimental process for one • the patient has a terminal illness and has FirstPerson article are welcome, as are pieces written on patient may not be the most efficient use of time for an exhausted all conventional treatment options; other topics. For more information, contact Tim Anderson oncologist treating scores of other terminally ill patients. • the patient’s doctor has advised the use of the at 630.925.1922 or [email protected]. Next, the manufacturer of the medication must investigational medication;

STATELINE MIDWEST MAY 2015 9 CSG MIDWEST NEWS & EVENTS

Bipartisan group of 33 state legislators June 5 is deadline chosen for regional leadership program to register for MLC MLC’s BILLD Steering Committee made this year’s selections in early May Annual Meeting

hirty-three legislators from 11 Midwestern he annual four-day meeting for the states have been selected to attend the 2015 Legislative leaders of BILLD Midwest’s state legislators is fast approach- TBowhay Institute for Legislative Leadership Steering Committee Ting, and so is the deadline to register. Development. The family-friendly Midwestern Legislative The BILLD Steering Committee, made up of Conference will be held July 12-15 in North lawmakers from 11 Midwestern states, awarded Dakota’s capital city of Bismarck. To secure a the fellowships in early May. The bipartisan com- room at the host hotel and to avoid a late fee, mittee is led by co-chairs Indiana Rep. Ed Clere legislators are encouraged to register by June and Ohio Sen. Cliff Hite. 5. Meeting registration can be completed at Since it began in 1994, BILLD has become a www.csgmidwest.org, where a preliminary meet- well-respected leadership institute and a signature ing agenda can also be found. program of the Midwestern Legislative Conference. The goal of the conference is to help the re- Indiana Rep. Ed Ohio Sen. Cliff Many graduates have gone on to serve in the gion’s lawmakers advance public policy, improve Clere, co-chair Hite, co-chair U.S. Congress or as legislative leaders in their the work of state government, and enhance states. For example, nearly a quarter of the top their own legislative skills. This year’s meeting leadership posts in the Midwest’s legislatures are will include a diverse mix of policy sessions, a held by BILLD graduates. workshop on professional development, and Below is a list of the Steering Committee’s prominent speakers such as astronaut Buzz selections for 2015. (Four Canadian provincial leg- Aldrin and pollster John Zogby. islators will also take part in this year’s program.) The meeting’s welcoming, nonpartisan setting is the ideal place for legislators to learn from Illinois and work with colleagues from other states. Minnesota Rep. Nebraska Sen. Kate Legislators from neighboring Canadian provinces • Representative Steven A. Andersson Roger Reinert, Sullivan, co-vice chair also take part in the MLC meeting. • Representative Pamela Reaves-Harris co-vice chair Special events will be held for attendees and • Representative Ron L. Sandack their spouses, adult guests and children — a trip to a local science center for kids, for example, and Nebraska a riverboat cruise for adult guests. The Opening Indiana Night Reception will be held at the North Dakota • Senator Michael Crider • Senator Mark Kolterman Heritage Center and State Museum. Family Night • Representative Holli Sullivan • Senator John L. Kuehn will be held at Fort Abraham Lincoln State Park. • Representative Melanie M. Wright • Senator Matt Williams Featured meeting speakers Iowa North Dakota • Representative Timi Brown-Powers • Representative Mike Lefor • Senator Kevin J. Kinney • Senator Erin L. Oban • Representative Zach M. Nunn • Representative Cynthia K. Schreiber-Beck

Kansas Ohio LOOK TO THE STARS BIG IDEAS FOR • Representative Nancy Lusk • Representative Hearcel F. Craig Astronaut Buzz A NEW AMERICA • Representative Melissa A. Rooker • Representative Rob McColley Aldrin, second person Anne-Marie Slaughter, • Senator Cecil Thomas to walk on the moon president and CEO of the • Representative Troy L. Waymaster New America Foundation Michigan South Dakota • Representative Daniela R. Garcia • Representative Fred Deutsch • Representative Erika Geiss • Senator Terri Haverly • Representative Christine E. Greig • Representative Jeffrey D. Partridge

Minnesota Wisconsin TRENDS THAT WILL FIVE DAYS CHANGE GOVERNMENT, • Representative Laurie L. Halverson • Representative Evan C. Goyke IN NOVEMBER BUSINESS AND OUR LIVES Clint Hill, a tale of • Representative Roz Peterson • Representative Jessie Rodriguez John Zogby, tragedy, heroism and • Representative Erik A. Simonson • Representative Amanda Stuck best-selling author courage the day JFK and pollster was assassinated

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 in 11 states: Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Nebraska, North Dakota, Ohio, South Dakota and Wisconsin. The Canadian provinces of Alberta, Manitoba, Ontario and Saskatchewan are MLC affiliate members.

10 STATELINE MIDWEST MAY 2015 44 legislators sign on to letter in support of Great Lakes Restoration Initiative Congressional leaders urged to fully fund, authorize program in next budget

orty-four members of the Great Lakes Legislative Caucus have signed on to a letter Fseeking congressional support of a 6-year-old federal program that has invested nearly $2 bil- CALENDAR lion in projects to protect and restore the largest surface freshwater system in the world. UPCOMING MIDWESTERN LEGISLATIVE In the letter, the bipartisan group of legislators CONFERENCE AND THE COUNCIL OF STATE praises the Great Lakes Restoration Initiative GOVERNMENTS EVENTS (GLRI) for enabling “vital work to proceed in cleaning up toxic sites, reducing runoff that con- tributes to harmful algal blooms, restoring habitat, 70TH ANNUAL MEETING OF THE and preventing and controlling invasive species.” to $300 million in ensuing years. Obama launched MIDWESTERN LEGISLATIVE Lawmakers from across the Great Lakes region the GLRI soon after becoming president, and he CONFERENCE signed the letter, which calls for GLRI funding in has since included funding for it in each of his July 12-15, 2015 fiscal year 2016 to be maintained at the FY 2015 proposed budgets. Bismarck, North Dakota level of $300 million. In his proposed budget, But Great Lakes advocates say a formal Contact: Gail Meyer ([email protected]) President Obama proposed cutting GLRI funding authorization of the GLRI would greatly improve 630.925.1922 by $50 million, to $250 million. its chances of being funded from one year to the www.csgmidwest.org The initiative began in FY 2010 with an invest- next — especially in light of the coming change ment of $475 million, but that figure has dropped in presidential administrations. In their letter, 21ST ANNUAL members of the Great Lakes Legislative Caucus BOWHAY INSTITUTE FOR LEGISLATIVE Great Lakes Restoration Initiative voice support for formal GLRI authorization. LEADERSHIP DEVELOPMENT (BILLD) funding levels Two different bills have been introduced in August 21-25, 2015 Congress to fund and formally authorize the initia- Madison, Wisconsin $500 tive. In the House, HR 223 would fund the GLRI at Contact: Laura Tomaka ([email protected]) $400 $300 million; in the Senate, S 504 would fund the initiative (and some other Great Lakes programs) 630.925.1922

$475 millio n www.csgmidwest.org $300 at $475 million annually through FY 2020. millions of dollars) ( The Great Lakes Legislative Caucus is led by $200 Wisconsin Rep. Cory Mason (caucus chair) and HENRY TOLL FELLOWSHIP PROGRAM $300 millio n $300 millio n $300 millio n $300 millio n $100 $285 million* Michigan Sen. Darwin Booher (caucus vice chair). August 28-September 2, 2015 $250 million** CSG Midwest provides staff support to Lexington, Kentucky 0 the group. Membership is open to any legisla- Contact: Kelley Arnold ([email protected]) tor from the eight Great Lakes states or two

FY 2010 800.800.1910 FY 2011 FY 2012 FY 2013 FY 2016 FY 2014 FY 2015 Canadian provinces. There currently are about www.csg.org/LeadershipCenter/TollFellows.aspx * reduction due to across-the-board cuts from federal sequestration ** President Obama’s proposed budget 150 caucus members. The letter can be viewed at www.greatlakeslegislators.org. MIDWEST INTERSTATE PASSENGER RAIL COMMISSION MEETING September 23-24, 2015 CSG issues new 50-state study on knowledge economy St. Paul, Minnesota

he Council of State Governments released collaborating across state lines and the research Contact: Laura Kliewer ([email protected]) 630.925.1922 a national study in April that aims to help contributions being made by corporate institu- www.miprc.org Tpolicymakers find state-specific strategies tions. (Indiana, for example, ranks high on the that drive innovation, attract jobs and foster latter measure.) economic growth. GREAT LAKES LEGISLATIVE “America’s Knowledge Economy: A State- CSG’s Pathways to Prosperity CAUCUS MEETING by-State Review” was done in cooperation with September 25-26, 2015 This new report complements the work of CSG’s Buffalo, New York Elsevier, a world-leading provider of scientific, ongoing State Pathways to Prosperity initiative. It technical and medical information products and is focusing on how states can grow their economies Contact: Lisa Janairo ([email protected]) services. through workforce and economic development 920.458.5910 www.greatlakeslegislators.org In particular, the new study looks at various strategies based on nonpartisan, evidence-based indicators that show how much research activity research. is taking place in each state (by government and With release of the new study and the com- CSG NATIONAL CONFERENCE the private sector). parative state information, CSG hopes to spur and December 10-13, 2015 It also identifies research areas that are espe- inform discussions about research funding and Nashville, Tennessee cially strong for individual states — for example, prioritization, as well as how the policy goals of a Contact: Kelley Arnold ([email protected]) Minnesota ranks near the top on measures of state align with the objectives and expertise of its 800.800.1910 medical research, and Nebraska is a leader in research institutions. www.csg.org genetics and molecular biology. Leveraging these CSG is the nation’s only organization serving all strengths, the study’s authors note, should be three branches of state government. It currently is a component of any strategy to build a state’s led by Nevada Gov. Brian Sandoval, CSG president; knowledge-based economy. and New York Sen. Carl Marcellino, CSG chair. The full report, available at www.csg.org, also Nebraska Sen. Beau McCoy is in line to serve examines the extent to which researchers are as CSG chair in 2016.

STATELINE MIDWEST MAY 2015 11 CAPITOL Thirteen U.S.Thirteen states have now passedversions newsletter oftheNebraska Legislature. ties, according to already appliedto individualswithdisabili “reasonable accommodation standard” is and workloads, andjobrestructuring. This periodic rest, modifiedwork schedules dations” for theseworkers —for example, employers to provide “reasonable accommo intoSigned law inApril, LB627requires state protections for pregnant workers. a billthisyear that clarifiesandsolidifies Nebraska of new law Nebraska pregnant workers goal forBetter protections 8 of2014)and list ofstates includesNebraska, National Women’s Law Center reports. That of thePregnant Workers Fairness Act, the in Minnesota, fromin Minnesota, sixweeks to 12. paid parental leave guaranteed for workers Legislators alsodoubledtheamount ofun that itispayingmust certify equalwages. seeking state contracts of$500,000ormore private company with40ormore employees gender pay. Underthelaw, for example, a Act, that alsoseekstoSecurity closegapsin a larger measure, the Women’s Economic Minnesota’s of newprotections are part in theMidwest. NONPROFIT ORGANIZATION

U.S. POSTAGE PAID legislators unanimouslyapproved

CAROL STREAM, IL Minnesota Stateline PERMIT NO. 1859 Unicameral Update, (HF2536of2014) Illinois the (HB

Midwest -

- CLIPS May 2015 - The Council of State Governments and publicaccess to records onlegislative strength of state conflict-of-interest rules countability.” Itsgrades were basedonthe laws ithadinplace to ensure “legislative ac Public Integrity evaluated eachstate onthe Three years ago, Center the nonpartisan for members. own codes ofethicsandprovide training to legislative chambersmustalsoadopttheir follow thestate’s ethicsrules. Indiana’s two office willhelplawmakers understandand tisan Legislative Agency, Services thisnew tive Ethics. Housed withinthestate’s nonpar HB 1002alsocreates ofLegisla anewOffice terest at least$500,000. worth example, andalsodiscloseany businessin closerelativesreport whoare lobbyists, for ments ofeconomic interest. They mustnow forms andontheir statefinancial-disclosure tors willberequired more to report ontheir According to the state’s ethicslaws. Indiana ofinterestconflicts officials, for elected toSeeking improve transparency andremove for legislators to comply law includesmore help Indianaethics Stronger Midwestern Office th west received higherthanaC-inthereport. cords officials. ofelected No state intheMid proceedings andto re theasset-disclosure 701 E. 22nd Street, Suite 110

Lombard, IL 60148-5095 lawmakers have revamped their Phone: 630.925.1922

Fax: 630.925.1930 Tribune Bend South Email: [email protected] www.csgmidwest.org

CHANGE SERVICE REQUESTED , legisla ------wage requirements for youth workers. (workers undertheageof16)alsosetlower and (16-and17-year-olds) Michigan for under-18workers vs. $8for adultworkers. mum wage also differs depending onage: $6.50 to $8.25for adultworkers. guaranteed awage of$7.75perhour, compared In the first90days ofemployment. during the ageof20)alower minimumsalary allow employees to pay younger workers (under Indiana wage requirements for young workers. Many states intheMidwest already setseparate veto referendum. SB 177 opponents have said they plan to seek a measure may getchallengedat theballotbox; wage willhelpyoung peoplegetafirstjob. The FallsSioux for adultworkers. ofSB177told the Supporters ers is $7.50per hour. That compares to $8.50 The state’s newminimumwage for youth work standard for workers undertheageof18. outaseparatecarved —and lower —hourly minimum wage, A year after voters approved ahike inthestate’s wage for youth workers separate minimum Dakota createsSouth Illinois , Michigan , employees under theage of 18are Argus Leader South Dakota South , Nebraska that theseparate youth Minnesota and legislators have Wisconsin ’s mini Ohio - -

sided lossofany proposed amendment to the Detroit Free Press of 80percent to 20percent. According to the soundly defeated at thepolls—by amargin 2014 asaconstitutional amendment, was The plan,approved by theLegislature inlate vest more inthestate’s roads andbridges. $1.2 billionplanto raise taxes inorder to in Michigan boost road funding legislative planto Michigan voters reject road-funding formula. ofits awholesalesalestaxaspart does levy gas tax to pay for roads, though Most states stillrely heavily onaper-gallon license-plate fees. hicle excise tax,anda20percent increase in crease, a1percent increase inthemotor ve gasandethyl alcohol in 6-cent-per-gallon for diesel). by 10cents (to 31cents for gasand22.5cents wa signed into law intwo Midwestern states. ofApril,As taxincreases for roads hadbeen tax). gasoline/diesel tax(inplace oftheper-gallon registration fees andestablishedawholesale general salestax(by 1 cent), raised vehicle- The planwould have increased thestate’s Constitution. Michigan 52-year-old ’s SF 257 increased the gas and diesel tax voters have putthebrakes ona South Dakota South , that marksthemostlop ’s SB1includesa Nebraska Io - - - - -