Stateline Midwest Is Published 11 Times a Year Low-Performing Ones

Stateline

Vol. 26, No. 8 • September 2017

MidwestTHE MIDWESTERN OFFICE OF THE COUNCIL OF STATE GOVERNMENTS

INSIDE CSG Midwest Issue Briefs 2-3 New plans for K-12 success • Agriculture: States and siting regulations for Concentrated Animal Feeding Operations New direction in accountability puts emphasis on student • Economic Development: Wisconsin’s pending deal with Foxconn growth, postsecondary readiness, and chronic absenteeism • Criminal Justice & Public Safety: Nebraska law aims to help people if they can’t pay fines by Tim Anderson ([email protected]) • Great Lakes Legislative Caucus: New plan after Asian carp found nearer to Lake Michigan n the coming years, the Midwest’s legisla- than two times the weight as proficiency: Status of states’ Every Student tors are likely to hear much more about 50 percent of the state’s total evaluation of Around the Region 4 Succeeds Act plans in Midwest Occupational license reforms in the Midwest, and Iand be asked to act on a range of issues K-8 school performance vs. the weight of a new national project to ease interstate licensure surrounding education accountability. (as of end of August) 20 percent given to levels of student profi- How well are elementary and middle ciency in math and English/language arts. Capital Closeup 5 schools doing on our state’s measures of The Illinois proposal stands out among Kim Reynolds’ transition to governor prompted academic growth among all students, at all ESSA plans for how much it stresses a close look of the state’s succession laws learning levels? academic growth, says Brendan Wright, Question of the Month 5 Are our high schools adequately prepar- editorial director of the Fordham Institute. ing young people for success in college However, he adds that every state will now be Do states prohibit suspension of driver’s licenses for failure to pay fines/fees? and/or careers? Do our schools provide for using academic growth (to varying degrees) a well-rounded education and a climate as part of its overall assessment of the per- Profile 8 conducive to learning? formance of elementary and middle schools. Indiana House Majority Caucus Chair How prevalent is chronic absenteeism Plan approved by U.S. Department “In the early years of No Child Left Rep. Kathy Kreag Richardson among our state’s students, and what of Education in August Behind, that wasn’t a part of state account- policies can reduce it? What type of state Initial plan submitted in spring; ability systems at all,” Wright says. “Under FirstPerson 9 interventions have helped turn around the revised plan still needs approval the Every Student Succeeds Act, it wasn’t from U.S. Department of Education Ohio Rep. Jonathan Dever on legislation to help lowest-performing schools? a requirement. But it’s what states have victims of human trafficking rebuild their lives These issues aren’t new, and certainly Plan to be submitted in September chosen as another academic indicator for U.S. Department of Education CSG News & Events 10 policymakers have tried to tackle them in approval [besides the mandate that they still track BILLD begins its Minnesota chapter, and legislators the past, but they will get even more atten- rates of proficiency]. tour the U.S.-Canada border at Detroit-Windsor tion because of the Every Student Succeeds “That is a huge improvement.” Act and, in particular, new state plans in this approved by the U.S. Department of As a result, schools will get credit when Capitol Clips 12 region to implement it. Education. their children make significant academic This 2015 federal law (along with some One of the big changes in Illinois will be progress, even if those students haven’t • New Illinois laws ease transition from prison • Nebraska aims to keep pregnant teens in class of the waivers granted to states under its fed- a shift away from evaluating schools largely yet reached proficiency. Many states, too, • Michigan’s tax incentives for high-paying jobs eral predecessor, the No Child Left Behind on their percentage of students who have will give schools credit when students Act) has ushered in a new era in the state- reached levels of proficiency (based on their move beyond proficiency to higher levels • Two-state tax reciprocity deal dead, for now federal relationship on education — more standardized test scores in math and reading). of achievement (“advanced,” for example). flexibility for states, including new options Instead, for K-8 schools, Illinois will fo- “Before, schools and teachers were for evaluating schools and intervening in cus more on student progress — comparing incentivized to focus on ‘bubble kids’ Stateline Midwest is published 11 times a year low-performing ones. test scores from one year to the next to see — those students just around that line by the Midwestern Office of “We’re not seeing any cookie-cutter how much a student has grown academically, of proficiency,” Wright says. In contrast, The Council of State Governments. plans,” Abigail Potts, director of college, regardless of whether he or she has reached many of the new accountability systems Annual subscription rate: $60. career and civic readiness for the National proficiency. will reflect how well schools are helping all To order, call 630.925.1922. Association of State Boards of Education, Under Illinois’ new accountability levels of learners. says about the state ESSA plans, which system, academic growth will receive more In South Dakota, for example, academic had to be submitted in September to the U.S. Department of Education. “They’re all PLEASE TURN TO PAGE 6 pursuing equity and excellence in education, but they all reflect different state priorities States are developing new ways CSG Midwestern Office Staff and visions.” of evaluating K-12 schools and Michael H. McCabe, Director There are, however, some notable trends holding them accountable. Under Tim Anderson, Publications Manager the federal Every Student Succeeds Jon Davis, Assistant Editor/Policy Analyst emerging in school accountability across the Act, the lowest-performing schools Cindy Calo Andrews, Assistant Director states. Here is a look at some of them. Ilene K. Grossman, Assistant Director must be identified and provided Lisa R. Janairo, Program Director The move beyond proficiency with evidence-based supports that Laura Kliewer, Senior Policy Analyst lead to better student outcomes. Gail Meyer, Office Manager In August, Illinois became the first Laura A. Tomaka, Senior Program Manager Midwestern state to have its ESSA plan Kathy Treland, Administrative Coordinator and Meeting Planner Katelyn Tye, Policy Analyst 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. Economic Development

receive tax incentives based on how many jobs they Tax incentive package for new Manufacturing employment in create and how much they invest in the facility.” Wisconsin component plant Midwest, 2016 (as % of nonfarm promises jobs, raises questions According to the bill, a credit would only be given for jobs paying at least $30,000 per year with benefits. employment)* n August, Wisconsin lawmakers advanced an The average salary is expected to be about $54,000. economic incentive bill (ASA 1) to forge a “There are also claw-back requirements to 5.6% Ideal with computer component manufacturer protect taxpayers if Foxconn were to ever stop doing 10.9% Foxconn to build a new facility in the state. business in Wisconsin,” says Ballweg. 9.6% 16.1% The Taiwanese firm, which supplies companies Despite the promise of so many new jobs and the 13.8% such as Apple, Google and Amazon, announced in payback provisions, some worry about the investment of 13.3% 9.6% July its desire to locate a $10 billion factory employing public dollars in private companies and have asked how 12.5% 9.5% 16.8% up to 13,000 people in southeastern Wisconsin. long it will take the state to make its money back. The With the number of potential jobs and 20 million Wisconsin Legislative Fiscal Bureau estimates a payback 11.5% square feet of floor space, the facility, which will primar- time of 20 years, but says this does not include the ily produce flat-screen LCD displays, would be one of impact of spin-off businesses resulting from the plant. * The nationwide gure is 8.6 percent. the largest manufacturing campuses in the world. An Ernst & Young report assessing the incentives’ Source: National Association of Manufacturing The proposed incentives would include tax credits potential impact estimates that 35,000 new jobs and exemptions on the state’s construction sales tax. could be realized as a result of the facility’s indirect to the state and country,” Ballweg says, “I am confident The plan, which has been approved by the benefits, including its construction. Also, Foxconn has the state will see a worthwhile return on its investment.” Wisconsin Assembly (the Senate had not voted on the estimated the facility’s annual payroll at $700 million In light of the state’s low unemployment and short- bill as of the time of publication) would give Foxconn $3 and said it would purchase $1.4 million per year in age of skilled workers, it is likely that some workers billion in refundable tax breaks over the next 15 years. goods from Wisconsin firms for its supply chain. will come over from Illinois (where unemployment is “The incentive package is ‘pay-as-you-grow,’ ” “When you account for all the other ways Foxconn higher), decreasing income tax revenue in Wisconsin. explains Rep. Joan Ballweg, a member of the committee will have an impact on the state, ... it puts Wisconsin on To ensure a pipeline of qualified Wisconsin workers, the that held public hearings on the bill. “Foxconn will the global map and is adding an entirely new industry bill includes $20 million in workforce training funds.

Brief written by Laura Tomaka, staff liaison to the Midwestern Legislative Conference Economic Development Committee. She can be reached at [email protected]. The committee’s co-chairs are Michigan Sen. Ken Horn and Illinois Rep. Elgie Sims; its vice chair is South Dakota Sen. Kevin Killer.

Agriculture & Natural Resources

States search for strategies to local control of CAFO siting; states can also prohibit resolve conflicts between CAFO siting control in Midwest some degree of local zoning or health ordinances for livestock farms, neighbors agricultural operations, or they can use strong “right to farm” laws to supersede local ordinances. ntensive animal production is an $86 billion Under Ohio’s zoning law, townships can’t prohibit industry, but growing conflicts between confine- the use of land for agriculture or the construction or Iment livestock farms and some neighbors has use of livestock buildings; however, Rep. John Patterson spilled over into legislatures across the Midwest. says, Ohio’s own program ensures that CAFOs have the Indiana Sen. Susan Glick, chair of an interim best management practices. committee studying whether there is a need for Iowa uses a “master matrix,” a scoring system that special regulations for concentrated animal-feeding evaluates the siting of livestock facilities. Counties must operations, is among those seeking ways to “bridge a voluntarily accept the matrix to have any input, but divide between modern livestock farmers and some the state has the final decision. This year, 13 counties rural communities” over farm siting. requested changes in the matrix, while SF 447 (signed Siting controlled through state standards The clustering of cattle, hogs or poultry makes into law in March) gave farms added protection from selection of locations for larger farms critical. Geology, Siting controlled through “right to farm”rules nuisance lawsuits. ground and surface water, roads, neighbors and wind North Dakota and Kansas have corporate-farming direction all factor into siting decisions. Siting controlled through local planning and bans and siting standards that counties cannot exceed. If nutrients will be released into water, the farm zoning rules Michigan’s preemption comes from its “Right to Farm will need a federal permit. That permitting authority Siting controlled through local planning and Act,” which is so strong that in 2014, the state removed has been delegated to states, but less than 2 percent of zoning rules and state standards the protection from small farms in residential areas. livestock farms discharge from their property. States Source: CSG Midwest research In Minnesota and South Dakota, local governments are also responsible for regulating siting, manure ap- have broad constitutional zoning powers, but both plication and environmental ordinances for livestock Wisconsin is suing the state, claiming that its pollution states require permits for water usage beyond set levels. farms, and vary greatly in how they regulate them. requirements are tougher than federal law. Minnesota also requires a full environmental review for Wisconsin Sen. Janis Ringhand says, “Local govern- Wisconsin law provides uniform requirements for farms with more than 1,000 animals. ments in my district would like control over livestock confinement operations that cannot be exceeded by lo- And in Nebraska, which also has local control, LB siting because of the peculiarities of the geography of cal law and strongly protects those farms from lawsuits. 106 (2015) directed the development of a voluntary the karst soil.” But the Dairy Business Association of This is one of three ways state legislatures can preempt matrix for counties making siting decisions.

Brief written by Carolyn Orr, staff liaison to the Midwestern Legislative Conference Agriculture & Natural Resources Committee. She can be reached at [email protected]. The committee’s co-chairs are Iowa Sen. Kevin Kinney and Minnesota Rep. Paul Anderson, and its vice chair is Illinois Rep. Norine Hammond.

2 STATELINE MIDWEST SEPTEMBER 2017 Criminal Justice & Public Safety

out a fine or cost or, as a condition of probation, Nebraska law aims to keep Midwestern jail populations and require the person to complete up to 20 hours of people out of jail for inability average length of stay, 2013 community service. If people are unable to pay the to pay bail bonds, fines Average # of people under fine or cost in full, they may also arrange to pay in State estimated length ebraska lawmakers are hoping a new law jail supervision installments. Judges can still hand down jail time, will reduce the number of individuals being of stay (in days) if they find that a person is willfully refusing to Nhoused in county jails due to the financial Illinois 23,176 26 pay a court-ordered fine or fee. inability to pay bail bonds or court-ordered fines Indiana 15,065 23 The law also specifically requires that those alter- and fees. natives be provided before a person’s driver’s license Sen. Matt Hansen says he initially became con- Iowa 3,894 12 can be suspended for failing to pay a traffic citation. cerned about the increasing jail population when he Kansas 6,806 17 “A $200 speeding ticket could mean drastically heard that the county jail built in his district in 2013 different things for different people,” says Hansen. Michigan 14,342 19 was already approaching capacity. He learned that “We wanted to give people the ability to ask for a many of the individuals being held hadn’t actually been Minnesota 6,717 13 payment plan, for more time to come up with the sentenced to jail time — they either couldn’t make their Nebraska 3,541 18 money, or for community service, instead.” bail and were awaiting trial, or couldn’t pay a fine or fee. Hansen has introduced an interim resolution (LR North Dakota 1,038 12 Hansen, who sponsored the enacting legislation 219) that would study the implementation of the law (LB 259), says he was especially troubled by one Ohio 18,652 16 and also take a closer look at how the state utilizes story he heard about a man who received a $150 South Dakota 1,726 12 funds supported by court fees and fines. ticket for possession of an open container of alcohol. Meanwhile, in Illinois, Gov. Bruce Rauner signed Wisconsin 12,417 21 “[The man] was homeless and completely the Bail Reform Act (SB 2034) into law in June, requir- indigent, so $150 may as well have been a million Source: U.S. Bureau of Justice Statistics ing that alternatives to cash bail be offered to people dollars. He had to spend a couple days in jail for a in custody for nonviolent misdemeanors or low-level crime that held no jail time,” says Hansen. requires courts to consider a defendant’s financial felonies such as theft, prostitution, driving under Under the previous law, individuals could earn ability to pay when setting bonds, fines and fees. the influence or drug possession. Such alternatives $90 credit per day toward their debts. LB 259 in- If a judge determines the person is unable to include electronic home monitoring, curfews, drug creased the credits earned per day to $150, and also pay, he or she may either impose a sentence with- counseling, stay-away orders and in-person reporting.

Brief written by Katelyn Tye, CSG Midwest staff liaison to the Midwest Legislative Conference Criminal Justice and Public Safety Committee. She can be reached at [email protected]. The committee’s co-chairs are Illinois Sen. Mattie Hunter and Ohio Rep. Nathan Manning, and its vice chair is Nebraska Sen. Laura Ebke.

Great Lakes

New plan to keep Asian carp were caught or seen, even after the extensive use of Governments’ nonpartisan Great Lakes Legislative out of the Great Lakes would electrofishing and contract netting that captured Caucus urged release of the study in a July sign-on cost $275 million more than 20,000 fish after the letter initiated by Michigan Rep. original discovery in June. What’s at stake? Annual David Maturen, a member of the ess than two months after a silver carp (one of Also, Irons said, with all the dockside value of U.S. caucus’s Executive Committee. four species of Asian carp) was found nine miles added monitoring in place since harvest from commercial According to the Army Corps, Lfrom Lake Michigan and beyond the three electric 2010, only two Asian carp have fi shing in Great Lakes* its tentatively selected plan offers barriers designed to prevent their movement, the U.S. been found above the barriers. the best chance of keeping Asian Lake Dockside value** Army Corps of Engineers unveiled a plan that would “I’m very confident that we’ve carp out of the Great Lakes while add a new layer of protection for the Great Lakes. got the latitude, and the help we Lake Michigan $8.9 million still continuing navigation in the For a cost of $275 million, the Corps says, a mix of need with federal funding, to put Lake Erie $5.0 million Chicago Area Waterway System. structural barriers and other control measures could in place the best defense against But the Corps study points Lake Huron $4.5 million be installed at the Brandon Road Lock and Dam. The Asian carp,” he says. out several “unresolved issues.” federal agency released its “tentatively selected plan” in But is the current strategy Lake Superior $4.0 million Those include concerns about August and is taking public comments through Oct. 2. enough to adequately protect Lake Ontario $32,000 the plan’s impact on commercial Asian carp already have caused great harm to the the Great Lakes? shipping as well as the need to All Great Lakes $22.5 million Mississippi River ecosystem, and their introduction into That will be one of the ques- secure federal funding and to the Great Lakes could decimate native fish populations. tions for policymakers to con- * In addition to commercial fi shing, the Great find a “nonfederal sponsor” In response to the threat, Great Lakes states and sider as they decide what to do, Lakes fi shery supports: that pays for 35 percent of 1) About 63 million recreational fi shing trips provinces have partnered with federal agencies (through if anything, at Brandon Road. The every year (economic value of $1.3 billion), engineering costs (required the Asian Carp Regional Coordinating Committee) on Army Corps’ study was years in 2) More than 1,900 active charter captains under U.S. law). a mix of control strategies, such as the construction of the making, and its release was ($34 million in annual revenues), Though the project would electric barriers, enhanced monitoring, and the mass delayed for several months. 3) Hundreds of pro fi shing tournaments, and be done in Illinois, that state removal of Asian carp in the Upper Illinois Waterway. “The [Trump] administration 4) Subsistence fi shing for Native American is unlikely to serve as the tribes Kevin Irons, aquatic nuisance species program sat on it in reaction to pressure nonfederal sponsor. Earlier manager for the Illinois Department of Natural from industry groups and of- ** Data do not include Canadian harvests this year, in an article for Resources, says the June discovery of the silver carp ficials from the states of Illinois Source: U.S. Army Corps of Engineers, Great Lakes and the Chicago Tribune, Illinois beyond the barriers was “surprising,” and it’s not and Indiana,” the Alliance for the Mississippi River Interbasin Study Lt. Gov. Evelyn Sanguinetti known how this fish got to the Little Calumet River. Great Lakes and other conserva- warned that new Asian carp But he adds that subsequent findings have been tion groups said in August after release of the study. controls at Brandon Road would disrupt commer- reassuring, including the fact that no additional carp Sixty-five members of The Council of State cial navigation and damage the region’s economy.

Brief written by Tim Anderson, who can be reached at [email protected]. CSG Midwest provides staffing services to the Great Lakes Legislative Caucus, a nonpartisan group of lawmakers from eight U.S. states and two Canadian provinces. The caucus chair is Wisconsin Rep. Cory Mason. More information on the caucus is available at www.greatlakeslegislators.org.

STATELINE MIDWEST SEPTEMBER 2017 3 AROUND THE REGION

2015 White House report States’ occupational licensing offers states a road map reform efforts gathering steam to licensure reform f there is an issue left that can unite all colors of wo years ago, the Obama Administration Percentage of Midwest states’ our political rainbow, it might be occupational released a comprehensive overview of oc- workforces licensed by state Tcupational licensing, tracing its development Ilicensing reform. Think tanks from the Brookings Institution to and making recommendations for reform. For example, the report noted that more than the Institute for Justice support state-level reforms 26.6% 25 percent of U.S. workers need a license, up from to reduce the licensure barriers for those seeking to 15.0% open their own businesses or work across state lines. less than 5 percent in the early 1950s. That’s partly 21.8% 18.4% a result of employment gains in jobs that require The current push for occupational licensing re- 20.6% licenses, like education and health, but more so form got a boost from the Obama Administration’s 33.3% 24.6% due to an increase in the number of occupations 77-page report, “Occupational Licensing: A 18.1% 14.9% requiring licensure. Framework for Policymakers,” released in July 24.7% And while licenses create higher-quality 2015 (see sidebar, this page). That report was “a 14.9% services and/or improve public health and safety call to action,” says Elizabeth Whitehouse, director — when designed and implemented carefully of education and workforce policy for The Council Source: Occupational Licensing: A Framework for Policymakers (July 2015) — the report noted that others actually reduce of State Governments. employment opportunities, lower wages and In the Midwest, Michigan in 2015 enacted SB increase consumer costs. 372, which established reciprocity for firefighters licensure portability and other requirements — for Moreover, it said occupational licensing falls from other states, so long as their training meets each of the 34 occupations. disproportionately on military families, immi- or exceeds Michigan’s training requirements. This research will result in the “National grants and those with criminal convictions, often In 2016, Nebraska enacted LB 898, exempting Occupational Licensing Report,” due in December. preventing them from fully contributing to their people who engage in natural hair braiding from Reports on special populations such as military communities and economies. having to get a cosmetology license. South Dakota spouses and veterans, unemployed or dislocated Recommended best practices include: (HB 1048) and Indiana (HB 1243) enacted similar workers, immigrants with work authorization and • Limiting occupational licensing requirements legislation this year. individuals with criminal records, are scheduled for “to those that address legitimate public health and Indiana Gov. Eric Holcomb also signed HB 1394 delivery in July 2018. safety concerns” to ease the burden of licensing into law on April 27, requiring local governments to A final report and a process to establish an on workers; waive their occupational license fees/taxes for veter- interstate compact are due in December 2019. •Applying results of comprehensive cost- ans, military personnel on active duty, or the indigent. According to CSG’s National Center for Interstate benefit studies of licensing laws to reduce the Nebraska’s unicameral legislature this year Compacts, active licensure compacts include: number of unnecessary or overly restrictive approved six bills, all signed by Gov. Pete Ricketts, • The Enhanced Nurse Licensure Compact which licenses; streamlining some occupational and licensure re- allows RNs and licensed practical/vocational nurses • Letting practitioners offer services “to the full quirements (LB 16 and LB 88), adopting the Interstate with a license in a participating state to practice extent of their current competency,” ensuring that Medical Licensure and Nurse Licensure compacts in any other participating state, with 26 member all qualified workers can offer services; (also LB 88), making licensing optional for executive states including Iowa, Nebraska, North Dakota and • Harmonizing regulatory requirements within bank officers at state-chartered banks and loan officers South Dakota. groups of states and, “where appropriate entering at credit unions (LB 140), and eliminating license • REPLICA (the Recognition of EMS Personnel into interstate compacts ... to increase the mobility requirements for motor vehicle salespeople (LB 346). Licensure Interstate CompAct), with 11 states includ- of skilled workers.” In Wisconsin, pending AB 369 would create an ing Kansas. Enabling legislation was introduced in That last point is becoming more relevant with “Occupational License Review Council” to review Minnesota (HF 324) but stalled in committee. the rise of “telework” — the ability to conduct busi- current licenses and make recommendations for • The Physical Therapist Licensure Compact, ness over the internet — and distance learning. modification or elimination of licenses, while AB with 14 states including North Dakota. “It’s really driven by societal change,” says 370, also pending, would create a “self-certifica- • The Interstate Medical Licensure Compact, Daniel Logsdon, manager of The Council of State tion” registry that would let people certified by which allows qualified physicians to practice Governments’ National Center for Interstate state-approved support organizations use the title medicine in a participating state, with 22 states and Compacts. “We’re a much more mobile society now “state certified” in their practices. 29 medical and osteopathic boards in those states. and people don’t see why state borders should be a Participating Midwestern states include Illinois, barrier to doing business.” Compacts to the rescue? Iowa, Kansas, Minnesota, Nebraska and Wisconsin. The Council of State Governments is working with Legislation to join the IMLC has been introduced Average education/experience required by the National Conference of State Legislatures and in Michigan (HB 4066). Enacting legislation was Midwest states for an occupational license* the National Governors Association’s Center for signed into law in South Dakota in 2015, but the Best Practices on a three-year project entitled state’s implementation is delayed pending discussions “Occupational Licensing: Assessing State Policy and between the compact group and the FBI over criminal Practice,” with the goal of enhancing the portability background checks required by the compact. of occupational licenses via an interstate compact. The issue of occupational license portability has The project, which began this summer, will been simmering for a while, but has become more identify licensing criteria to ensure that existing and prominent as new practitioners enter their profes- new licensing requirements are not overly broad, sions, says Daniel Logsdon, manager of the NCIC. burdensome or restrictive, and that they do not cre- “States are taking a methodical, thoughtful approach ate unnecessary barriers to labor market entry, and to this, and that’s the nature of interstate compacts,” improve the portability and reciprocity provisions Logsdon says. “I think states are coming to realize that for selected occupations across state lines. if they want the full effect of law and enforceability, The project will identify and evaluate the licens- interstate compacts have a distinct advantage over 200 days or less ing requirements for 34 occupations across all 55 model legislation or reciprocity agreements. 200-350 days states and territories.

* Note: For selected occupations A comparison report will look at the criteria — Article written by Jon Davis, assitant editor and policy analyst including work experience requirements, fees and for CSG Midwest. He can be reached at [email protected]. Source: Occupational Licensing: A Framework for Policymakers (July 2015) applications, personal background documentation,

4 STATELINE MIDWEST SEPTEMBER 2017 CAPITAL CLOSEUP

Iowa’s new lieutenant governor is in office, but outside line of succession

by Jon Davis ([email protected])

hen is a lieutenant governor not the lieuten- pen, Senate President Jack Whitver would become Gubernatorial succession in Midwest ant governor? In Iowa, it seems the answer governor, being third in line in succession under the is: when the lieutenant governor becomes # of designated W Iowa Constitution. State Third in line governor, and in turn appoints a new lieutenant Miller’s opinion notes that in all four previous successors governor. instances when an Iowa governor resigned or died Illinois 7 Attorney General The question arose earlier this year after then-Iowa while in office, the lieutenant governor was always Gov. Terry Branstad was chosen to be U.S. ambassador considered governor, but never appointed or named Indiana 8 House Speaker to China. State Sen. David Johnson in February asked a new lieutenant governor. Iowa 4 Senate President Attorney General Tom Miller for an Julia Hurst, executive director of official opinion on what would happen to Capital Closeup the National Lieutenant Governors Kansas 3 Senate President the office of lieutenant governor if then- Association, says it’s not uncommon Michigan 3 Secretary of State Lt. Gov. Kim Reynolds became governor. for states to examine or re-examine Miller agreed that two constitutional their succession laws when a lieutenant Minnesota 6 Senate President questions were in play: First, if the gover- governor replaces a governor. “The Iowa Nebraska 2 Legislative Speaker nor resigns, does the lieutenant governor succession [situation] was reflective of become governor? And second, if that national history and events regarding North Dakota 5 Secretary of State happens, may the new governor appoint gubernatorial succession,” she says. Ohio 7 Senate President a new lieutenant governor? California’s 2003 recall of Gray Davis, for example, He issued his formal legal opinion in May: If a forced a look at whether the recall law would supercede South Dakota 11 House Speaker governor resigns, the lieutenant governor becomes the normal line of succession in picking his replace- governor for all intents and purposes. However, he ment; in other words, would Davis’ lieutenant gover- Wisconsin 6 Secretary of State or she does not have legal authority to appoint a new nor, Cruz Bustamante, become governor, or would a Sources: National Lieutenant Governors Association, CSG Midwest Research lieutenant governor because, according to Miller’s new election be held? A court eventually ruled that the reading of Iowa’s Constitution, “Upon the governor’s recall law would prevail, and Arnold Schwarzenegger lieutenant governor. In North Dakota in 2010, Lt. Gov. resignation, the powers and duties of the office will subsequently bested a 135-candidate field. Jack Dalrymple replaced Gov. John Hoeven after the devolve or fall upon the lieutenant governor — who The recent situation in Iowa also raises questions latter became a U.S. senator, and named then-U.S. does not ascend or rise to the office of Governor.” about what happens when vacancies occur in the Attorney Drew Wrigley as lieutenant governor. “This opinion conveys that, in a sense, the two lieutenant governor’s office. In some states, state Now Kansas may be next to have this discussion. offices merge,” Miller said in a press release accompa- constitutions provide clear direction. Gov. Sam Brownback was named by President nying the opinion. “This is consistent with numerous In Illinois, for example, the office “remains vacant Trump on July 26 to serve as the U.S. “Ambassador cases in other states that addressed this question. It until the end of the term.” This is what occurred at-Large for International Religious Freedom.” If he is also consistent with a close reading of the Iowa in 2009, when Lt. Gov. Pat Quinn took over from is confirmed by the U.S. Senate, Lt. Gov. Jeff Colyer governor’s succession provision [in the Constitution].” impeached/convicted Gov. Rod Blagojevich. would succeed him. Reynolds’ solution was to name state public Minnesota’s Constitution spells out that the defender Adam Gregg as “acting” lieutenant gov- Senate president pro tempore ascends to the office Capital Closeup is an ongoing series of articles focusing on ernor; he’ll carry out the office’s administrative and of lieutenant governor when a vacancy occurs. States institutional issues in state governments and legislatures. ceremonial functions, but cannot become governor such as Ohio and South Dakota call for the governor Previous articles are available at csgmidwest.org. if Reynolds leaves office early. If that should hap- to nominate and the legislature to nominate a new

QUESTION OF THE MONTH

QUESTION: Do states in the Midwest prohibit suspensions of driver’s licenses for failure to pay fines or fees?

In 2013, the Washington State Legislature autho- ity to pay for a traffic ticket. The courts may then court in Michigan that argues the state’s practice rized a civil collection process for unpaid traffic vacate the fine, or allow the person to enter into of suspending driver’s licenses for unpaid court fees fines, which replaced a requirement that the state a payment plan or complete community service is unconstitutional because of its disproportionate suspend a person’s driver’s license for failure to pay instead of paying the cost in full. Previously, the impact on low-income residents. Similar lawsuits a traffic violation. state Department of Motor Vehicles was required were filed this year in Virginia and Tennessee and to suspend the operator’s license of anyone who were still in litigation at the time of publication. Under similar legislation enacted in California this failed to pay a citation. year (AB 103), county or court collection programs A 2013 report by the American Association of may not initiate a driver’s license suspension due This year, Illinois lawmakers introduced, but did Motor Vehicle Administrators recommended that to failure to pay a fine or penalty, except in the not pass, legislation (SB 1614) that would have legislatures repeal laws requiring the suspension case that an individual fails to appear at a hearing. prohibited the suspension or cancellation of of driving privileges for violations not related to In addition, the law repealed the authority of the driver’s licenses due to the failure to pay fines or highway safety. The report argued that suspending court to notify the Department of Motor Vehicles penalties related to violations of vehicle standing, licenses for non-traffic violations, such as bounced of a person’s failure to pay a fine or bail, with re- parking and compliance regulations, and road tolls. checks and vandalism, creates an undue burden on spect to various violations relating to vehicles, thus It would also have required the secretary of state to departments of motor vehicles, law enforcement, removing the requirement for the department to reinstate driver’s licenses that had previously been the courts and society as a whole. suspend a person’s driver’s license upon receipt of suspended or cancelled due to a failure-to-pay. that notice. Article written by Katelyn Tye ([email protected]), a CSG There have also been a number of recent court Midwest senior policy analyst. Question of the Month In the Midwest, a Nebraska law (LB 259) enacted challenges against states that suspend driver’s highlights an inquiry sent to the CSG Midwest Information this year allows residents to request a hearing if licenses under failure-to-pay policies. In May, they believe they do not have the financial abil- plaintiffs filed a class-action lawsuit in a federal Help Line: [email protected] or 630.925.1922.

STATELINE MIDWEST SEPTEMBER 2017 5 COVER STORY

CONTINUED FROM PAGE 1 States taking a more holistic approach to evaluating school, student performance

growth will be a stand-alone indicator for evaluating K-8 schools and also will be incorporated Chronic absenteeism in U.S. schools: Every Student Succeeds in the % of students who missed 15 days or into a second indicator — the state’s measure of Midwest academic achievement. South Dakota schools more of school in a year (2013-’14) This article is the first of a two-part series in Stateline will get partial credit for moving students toward All students 13.7% Midwest examining state implementation of the proficiency and “bonus” points for getting students Elementary students 10.9% Every Student Succeeds Act. Next month’s article to the highest level of achievement. Middle school students 12.5% will look at the role of state legislators in overseeing “Our goal is to recognize schools that help kids High school students 18.9% ESSA implementation and shaping their states’ school along the whole spectrum,” says Laura Schiebe, All white students 12.7% accountability systems. deputy director of the South Dakota Department All black students 17.3% of Education. All Hispanic students 14.1% All Asian students 7.1% of possibilities. One common choice has been to Focusing on life after high school All American 22.5% Indian students include “chronic absenteeism,” defined by the U.S. Under the Every Student Succeeds Act, high schools 0% 5% 10% 15% 20% 25% Department of Education as missing at least 15 days have to be measured on indicators such as gradua- Source: U.S. Department of Education of school in a year. Students who miss this many tion rates and the proficiency of students on math school days, the department says, are less likely to and English/language arts tests. reach early learning milestones and more likely to A “nonacademic indicator” must be used as well, state’s evaluation of high schools. (That state uses a drop out of high school. and many states are fulfilling this requirement with 100-point School Performance Index, and for high “Everybody acknowledges that having kids a focus on college and career readiness. schools, college and career readiness has counted attend school and being in their seats is important; As one example, North Dakota has added a for 30 of those points.) there isn’t any controversy about that,” Schiebe says. “Choice Ready” component to its accountability Now, though, instead of just using assessments The debate in South Dakota, and across the system. It measures how well each high school has such as the ACT, Smarter Balanced or WorkKeys, country, has been over whether it’s fair to evaluate done in preparing students to pursue the option of South Dakota will consider the classes that students the quality of a school based on the attendance levels their choice upon graduation — whether that is take and complete while in high school. of students. college, a career or the military. “If kids have taken the equivalent of their “How much control do schools have over that?” For college readiness, this means looking at a freshman year in college while still in high school, Schiebe says of the question being asked about that combination of grade-point average and ACT scores, regardless of whether they have taken the ACT or indicator. as well as participation in Advanced Placement not, that’s a good indicator that they are ready for But for now, student attendance will be used by and dual-credit college courses, among other college,” Schiebe says. South Dakota as its sole “nonacademic indicator” of measurements. For career readiness, North Dakota’s “We now give schools credit for it.” the quality of its K-8 schools. (It is not part of the indicators include successful participation in a Likewise, schools will be recognized for students’ evaluation of South Dakota’s high schools.) career-and-technical-education field of study, as well successful completion of career-and-technical- In future years, Schiebe adds, the state will as a student’s scores on the WorkKeys assessment, education courses. look to incorporate other measures into that completion of a work-based learning experience, Tracking, counting student attendance nonacademic/“school quality” indicator. and/or securing an industry credential. Other states in the Midwest provide examples of For “military ready,” the indicators include levels n fulfilling a federal requirement to integrate what else could be included. of physical fitness and an individual’s score on the one quantifiable, nonacademic indicator into Under Illinois’ ESSA plan, chronic absenteeism ASVAB, a test used to predict military success. Itheir school accountability systems (college and is one of several nonacademic indicators used to In South Dakota, college and career readiness career readiness is one such indicator, but it only evaluate school quality. The others include surveys of already has made up a significant part of the applies to high schools), states considered a number students about their school’s culture and climate, the School accountability checklist: Direction for states under federal Every Student Succeeds Act √ MEASURE STUDENT, SCHOOL PERFORMANCE — States must collect, report and use data to evaluate their schools as well as the progress being made by all students and certain subgroups of students. However, in comparison to the No Child Left Behind Act, a wider mix of performance data will be considered, and states are given more flexibility in how to evaluate their schools. √ USE STANDARDIZED TESTS — The academic proficiency of students, as measured by their scores on standardized tests in English/language arts and math, must be part of states’ accountability systems for K-12 schools. Third- through eighth-graders, as well as either 10th-, 11th- or 12th-grade students, will be assessed in these two subject areas. Students also will take a science test — once in elementary school, once in middle school and once in high school. √ FOCUS ON ENGLISH-LANGUAGE LEARNERS — All schools must be evaluated on how well they’re advancing English-language learners toward proficiency. √ INCORPORATE OTHER ACADEMIC INDICATORS — High schools must be evaluated in part on graduation rates. In addition, states need at least one other academic indicator (beyond graduation rates, achievement on standardized tests and the proficiency of English-language learners) to assess their schools. For elementary and middle schools, many states are emphasizing student academic growth (based on yearly improvements on standardized tests). √ INCLUDE A MEASURE OF SCHOOL QUALITY/STUDENT SUCCESS — Ideas for fulfilling this requirement include a college and career readiness indicator, student attendance and surveys of school climate. (See table on page 7 for examples from the Midwest.) √ WEIGH THE INDICATORS — States decide how to weigh each indicator of school performance in its overall evaluation of school performance. A state accountability index is then used to identify schools in need of improvement. √ IDENTIFY, HELP SCHOOLS — States must intervene in the following schools: those with low graduation rates (67 percent or lower), poor overall performance (rating in the bottom 5 percent of schools according to a state’s accountability index), or poor performance levels among one or more student subgroups. The types of interventions are left largely to the states, though evidence-based strategies must be used.

6 STATELINE MIDWEST SEPTEMBER 2017 FEATURE STORY

percentage of students enrolled in a fine arts class, and the rate of ninth-graders on track to graduate. Midwestern states’ vision for evaluating school performance Under Iowa’s draft ESSA plan, the results of Under the Every Student Succeeds Act, states must include a mix of academic and nonacademic indica- a Conditions for Learning survey will be a sig- tors in their accountability systems for K-12 schools (see page 6 story for details). Certain indicators are nificant part of the state’s overall accountability required: the percentage of students who have reached proficiency in English/language arts and math system. Students, parents and staff participate in (based on standardized test scores); the progress of English-language learners in reaching proficiency; this survey, which includes questions about the and, for high schools, the graduation rates of students. school’s safety and overall learning environment. Beyond these requirements, states have flexibility to establish their own indicators. In the Midwest, The inclusion of indicators such as chronic every state has included the academic growth of students (as measured on standardized tests) in its absenteeism and school climate reflects one of the evaluation of elementary and middle schools. At least six states in this region — Iowa, Kansas, Michigan, big changes in the Every Students Succeeds Act Nebraska, North Dakota and Ohio — also plan to incorporate academic growth/progress into their as compared to No Child Left Behind: States are accountability systems for high schools. Kansas and Ohio have made the closing of achievement gaps another stand-alone measure for evaluating the performance of schools. looking beyond just test scores and taking a more holistic approach to their evaluation of schools. Even more variation can be found in how states plan to meet the federal requirement for a nonacademic indicator — a measurement of “school quality” or “student success” (see table). In the Midwest, most Searching for successful interventions states have chosen to focus in part on student attendance and chronic absenteeism, as well as how well high schools are preparing young people for life after high school. Under the ESSA, with their new accountability plans and indexes in place, states must then iden- As part of their nonacademic indicators, some states also plan to survey students about their school’s climate, give schools credit for providing a well-rounded education, evaluate discipline policies, and tify schools in need of improvement, namely: track the rate of ninth-graders on track to graduate. • schools in the bottom 5 percent of all of the state’s schools in terms of performance (based ‘Nonacademic indicators’ for measuring school quality under states’ on the indicators and indexes established by the draft or final Every Student Succeeds Act plans state itself); • high schools with graduation rates of 67 Elementary and middle schools High schools percent or less; and • schools where certain subgroups of students ILLINOIS • Chronic absenteeism • Chronic absenteeism (race, gender, socioeconomic status, English • Survey of school climate • Survey of school climate language learners, etc.) are performing poorly. • Readiness levels of students for future academic • Rate of 9th-graders on track to graduate success • College and career readiness The types of interventions are largely left to • Participation in fine arts classes • Participation in fine arts classes states, so long as they are “evidence-based.” “That is probably our most dramatic change in INDIANA the [ESSA] plan,” Schiebe says. “Before we had all • Attendance rates • Postsecondary and workforce readiness • Assessment of school culture/climate • Assessment of school culture/climate of these strict [federal] parameters that we had to implement for school improvement. IOWA “Now we have more freedom to support the • Student participation in state assessments • Student participation in state assessments schools in a way that makes sense. We’re very • Conditions for Learning Survey • Conditions for Learning Survey excited about it, but also nervous. How do we • Postsecondary readiness shape these interventions and make them work?” An evidence-based strategy that works in KANSAS an inner-city school, she notes, might not apply • Measure of student success (based on decrease in • Measure of student success (based on decrease in to some of South Dakota’s traditionally lower- number of students at low-performing levels) number of students at low-performing levels) performing schools. “We’re talking about schools in extremely ru- • Participation in statewide testing MICHIGAN • Participation in statewide testing • Chronic absenteeism ral, extremely impoverished areas,” Schiebe says. • Chronic absenteeism • Time spent in fine arts and physical education Illinois and Michigan provide two examples of • Participation in advanced coursework classes the frameworks that states could use to help turn • Postsecondary enrollment • Access to a library media specialist schools around. MINNESOTA Under IL-EMPOWER, Illinois provides schools • Consistent attendance • Consistent attendance with additional resources (including assistance • Well-rounded education • Well-rounded education from outside, state-approved “professional learn- • Career and college readiness ing partners”) to improve student performance. The plan for each school focuses on meeting the NEBRASKA needs of the “whole child” (cognitive, social and • Chronic absenteeism • Chronic absenteeism emotional development), starting with an analysis • “Evidence-based analysis” of school quality • “Evidence-based analysis” of school quality and identification of the barriers to academic achievement. NORTH DAKOTA “ESSA provides for a really robust needs • Choice Ready (students prepared for college, career or • Student Engagement Survey military option upon graduation) assessment, where you have time to find the root • Student Engagement Survey causes [of low achievement or performance in a school],” Potts says. OHIO In Illinois, once those root causes are identi- • Chronic absenteeism • Chronic absenteeism • School discipline (suspensions/expulsions) • School discipline (suspensions/expulsions) fied, improvement plans for each school are • K-3 literacy improvement • College and career readiness implemented, and additional state resources are provided. SOUTH DAKOTA Michigan already has begun to use a “partnership model” for its low-performing/high-needs • Student attendance • High school completion rate schools. The state provides support to local school districts as they create a plan to improve student WISCONSIN outcomes. Academic success is the primary focus, but as in Illinois, Michigan’s model also • Chronic absenteeism • Chronic absenteeism emphasizes the need to address the needs of the “whole child” — health, nutrition, behavior and social/emotional development.

STATELINE MIDWEST SEPTEMBER 2017 7 STATELINE PROFILE Indiana Rep. Kathy Kreag Richardson 25-year veteran of the legislature has unique dual role in government: state lawmaker and local elections administrator

by Tim Anderson ([email protected])

ome colleagues have been known to call her “mother.” Rep. Kathy Kreag Richardson jokes Bio-sketch of Rep. Richardson Sthat she sometimes thinks of herself as “cat herder.”  Member of Indiana House since 1992 But her actual leadership title is majority  caucus chair, and her ascension to the position Majority caucus chair since 2000; first in 2000 made Richardson something else — a woman elected to leadership post in Indiana House trailblazer.  Vice chair of Elections and Apportionment She was the first woman in her state’s history Committee to be elected to a leadership post in the Indiana House. Seventeen years later, Richardson contin-  Elections administrator for Hamilton County, ues to hold the post and value her role in guiding Ind.; has worked in county clerk’s office since legislative policy, building relations among 1976, including as two-time elected county clerk lawmakers and staff, and helping her caucus’s newly elected members.  Member of CSG’s Midwestern Legislative “You spend a lot of time making sure the new Conference Executive Committee members, and all of the members, are successful, probably even more than you think about your own successes,” Richardson says. “We have to find ways of attracting younger poll Over the past nearly two decades, too, she has been part of a leadership team that has helped workers. I think you’d hear that throughout solidify Republican control of the Indiana General the country.” Assembly. Richardson entered the state House in 1993 when her party was in the minority; it now Because of your background, you have a majority caucus chair. What do you try to impart to enjoys super-majority control of that same chamber. Q: unique perspective on elections. What are new members about the legislative process? “I’ve enjoyed being part of that team,” she says, some of the areas you tend to think about in this area, I try to stress the importance of building “sitting in the room where we’re planning out our both as a legislator and elections administrator? A: relationships. That means working within agenda for the year or working out a particular The thing about elections is that they your committee process and, when you have a bill, policy.” A: are run by people. Yes, you have voting making sure you build support before it goes to Richardson’s decades-long connection to machines, but when you send all that equipment committee. It’s also about working with members Indiana government dates back to her teenage out, it’s still our poll workers running things and on the other side of the aisle. We now have some years, when, at the age of 19, she took a job as making sure the elections work. classes of legislators [in our caucus] who haven’t deputy clerk in Hamilton County. That led to a We have to make it as easy on them as possible, served in the minority. But I think it’s important successful run for the elected position of county and we have to find new ways of attracting younger to impress upon them that there is another side. clerk (she held the position for two terms). poll workers. I think you’d hear that throughout Then, in 1991, when the local Indiana House the country. The poll workers that we have are Over the years, what are some of the areas representative decided to call it quits and wanted getting older, and they want to turn it over to Q: where you think Indiana and its legislature to find a successor, he thought of Richardson, a someone else. have stood out in terms of performance? former student in his American government class. Even when many other states aren’t That started Richardson’s 25 years (and counting) What are some policy ideas to meet those A: functioning as well, we have been very of legislative service; all the while, she has kept her day Q: challenges? successful on issues like keeping our bond ratings job in the clerk’s office, where she currently serves as We passed a law allowing 16- and 17-year- high, our budget balanced, and our taxes low. This elections administrator for her home county, located A: olds to work at the polls. They can’t be past year, we did enact a gas tax increase, but it just north of Indianapolis. the [local elections] inspector, but they can be the projects 20-year growth and improvements to Because of that outside work, Richardson soon judge or the clerk. One theory behind this law is our roads. As a Crossroads of America, as we’re became a leader inside the Capitol on elections- you get young people excited about elections by sometimes called, we need to make sure our related issues — a familiar experience for others showing them the inside of the process, not just infrastructure is in good shape for our economy. serving in Indiana’s part-time legislature. what they hear from the media. So we bit the bullet and worked very hard on that “You get a niche and they never let you out,” Another idea is vote centers. It’s centralized for the last two years to get it passed. Richardson jokes. “Our insurance folks in the voting, so instead of having, say, 222 precincts legislature help with insurance issues, our bankers with 222 locations, you have 20 voting locations Every year, you host a unique event for your with banking issues, and so on. For me, that’s been in a county where anybody can go and vote. A lot Q: constituents called “Adult Page Day”. Can you elections and county government.” of our smaller counties have begun using vote talk a little bit about what that is? She has been a part of legislative measures that centers. Our four largest counties haven’t adopted We started that the first time I got elected created online voter registration in Indiana, required them yet, but they are a tool that could help us in A: because some people who had helped me the centralized counting of absentee ballots, and es- terms of reducing the cost of voting equipment win said they never had been a page. We did it for tablished countywide vote centers. She also has served and the number of election workers that we fun, but it worked out so well, I’ve now had 25 of a leading role in the state’s redistricting process. need. those Adult Page Days. Constituents come down In a recent interview with CSG Midwest, and spend a day at the Statehouse. We take them to Richardson reflected on her career in Indiana gov- Along with your work on public policy, you a committee hearing, then we have lunch together ernment, her legislative accomplishments, and her Q: are involved quite a bit with helping newly and talk issues, and they sit in on a session on the outreach efforts for constituents. Here are excerpts. elected representatives because of your position as House floor. It’s really a great opportunity.

8 STATELINE MIDWEST SEPTEMBER 2017 FIRST PERSON A FORUM FOR LEGISLATORS AND CONSTITUTIONAL OFFICERS Ohio bill would erase convictions of trafficking victims forced into crime Sponsor: ‘Modern-day slavery’ survivors need help to rebuild lives

by Ohio Rep. Jonathan Dever

istory is replete with examples of rearview- allows for intervention in lieu of conviction for mirror governing, in which elected leaders # of human-tra cking cases reported any individual charged with prostitution or an Hseek to find short-term, narrow solutions in Midwestern states, 2016* associated crime while being compelled into to pre-existing problems. Seldom do we have a prostitution. chance to look through the windshield of policy- 18 Given the simple concept, I figured the legisla- making, focusing on a long-term solution for those 66 tion would be simple to author and pass through who need it most. 19 65 both chambers. I was mistaken. One example in which we see this playing out 249 Conceptually, most of my colleagues have today is in providing for the wide-ranging needs 72 bought into the idea of giving survivors a true 43 of human-trafficking survivors. These individuals 373 second chance at life, free from the shackles of 202 83 deserve more than mere neutrality from their their past. government leaders. They need a real second 54 chance at life. Crafting legislation a challenge

Human trafficking is modern-day slavery, and * The total number of reported cases nationwide in 2016 was 7,612. owever, the application of the legislation has it victimizes millions of innocent people around Source: National Human Tracking Hotline raised many questions, the most challenging the globe. Hbeing: What convictions can be expunged? The International Labour Organization, a This unfortunate reality carries with it a slew of The expungable convictions will vary from state United Nations agency, estimates that almost other challenges. For example, just a few months to state, but the decision to expunge should not 21 million individuals worldwide are victims of into my first term in the Ohio House, my local be taken lightly. forced labor and human trafficking. Based upon county prosecutor’s office made me aware of the After countless months of deliberation, we in estimates, human trafficking is the second-largest challenges faced by survivors of human trafficking Ohio are finalizing the list of these convictions. We transnational illicit trade, behind drug trafficking. when it comes to the expungement of their records continue to make progress through the collabora- in the court systems. tion of interested parties and the engagement Not just a foreign problem There are laws on the books in Ohio that deal of those currently involved in these types of However, the act of trafficking people does not with the expungement of records for survivors of expungement cases. solely occur in far-off lands, but in our own human trafficking, but a lack of uniform inter- Steps have been taken at both the federal and backyards as well. pretation has left many feeling as if their state has state levels to crack down on human traffickers and The ILO estimates that several hundreds of failed them — something that can be seen across to make it easier for survivors to re-enter society. However, as legislators, we must also continue thousands of adults and minors have fallen victim the country. to ease some of these challenges for survivors of to sex and labor trafficking in the United States. Fortunately, there is a real opportunity to help human trafficking, which is exactly the reason why These crimes occur in big cities and small towns these survivors rebuild their lives. That is why I I sponsored HB 56. alike, and survivors often fall victim to traffickers have sponsored legislation in the past two sessions Although each state will have a different ap- in some of the most public of places: malls, parks that codifies a path to freedom — freedom from proach to similar legislation, the concept is one and large public gatherings. the trafficker, freedom to enter into the workforce, that is important to note and easy to replicate Like much of the Midwest, Ohio finds itself and freedom from the stigma of the criminal with the appropriate stakeholders providing input. in the crosshairs of human trafficking. Gov. justice system. It is true that the more we uncover about the John Kasich has established a human-trafficking Ohio HB 56 will grant survivors equal op- practices, trends and economics of human traf- task force that has made substantial progress in portunity under the law, regardless of where they ficking, the more we realize just how diligent we connecting local resources to those most in need. reside in the state and what judge they appear must be to combat it. But by continuing to look Over the past five years, the state’s General before when seeking to expunge convictions for forward — through the windshield and not the Assembly has passed several pieces of legislation crimes they were forced to commit during the rearview mirror — I am confident that we can targeting the ruthless traffickers and making course of their captivity. make a positive and lasting difference for victims Most agree that every survivor deserves a path valiant attempts to help those who have fallen of these terrible crimes against humanity. victim. With that, there is still much more work to restoration and a full, vibrant life unencum- to be done. bered by a list of convictions for offenses they had Rep. Jonathan Dever, a Republican from Madeira, was first Oftentimes human trafficking is equated with no choice but to commit. elected to the Ohio House of Representatives in 2014. sex trafficking, but victims can also be forced HB 56 aims to expand the list of trafficking- to commit drug-related offenses or theft, or are related convictions that may be expunged to help forced into labor — something I did not fully restore the survivors’ dignity and chances for a Submissions welcome grasp until I began to learn more about the issue. successful future. Additionally, the legislation This page is designed to be a forum for legislators and constitutional officers. The opinions expressed on this page Every human-trafficking survivor deserves do not reflect those of The Council of State Governments or a path to restoration and a full, vibrant life the Midwestern Legislative Conference. Responses to any FirstPerson article are welcome, as are pieces written on unencumbered by a list of convictions for other topics. For more information, contact Tim Anderson offenses they had no choice but to commit. at 630.925.1922 or [email protected].

STATELINE MIDWEST SEPTEMBER 2017 9 CSG MIDWEST NEWS & EVENTS

BILLD Class of 2017 kicks off new Presidential historian Michael Beschloss to partnership with Minnesota’s keynote CSG conference

Humphrey School of Public Affairs ichael Beschloss, the noted and award- winning presidential historian, will be Leadership, development program begins new chapter in Minneapolis Mthe keynote speaker at the 2017 CSG National Conference, to be held Dec. 14-16, in Las Vegas. Beschloss has authored nine books on n August, 37 Midwestern legislators became Jordan; Rep. Joe Taylor presidents, and is a frequent the 23rd class to complete the Midwestern commentator on television Legislative Conference’s renowned leadership IOWA — Sen. Jeff L. Edler; Rep. Ashley E. I news programs including program, the Bowhay Institute for Legislative Hinson; Rep. Charlie McConkey the PBS NewsHour and Leadership Development (BILLD). various NBC News shows. The 2017 class, which included legislators from KANSAS — Rep. Erin Davis; Rep. Linda NBC News named him 11 Midwestern states and four Canadian provinces, Gallagher; Sen. Pat Pettey; Sen. Dinah Sykes as its presidential historian met in Minneapolis for five days of intense training (the first such position at a MICHIGAN — Rep. John Bizon; Rep. Beth J. on personal and professional development skills news network). Michael Griffin; Rep. Abdullah H. Hammoud Beschloss and policy analysis. He won a News & Since the program’s inception in 1995, more Documentary Emmy Award MINNESOTA — Rep. Jeff Backer; Rep. Barb than 800 regional lawmakers have successfully in 2005 for hosting the Discovery Channel’s pro- S. Haley; Rep. Dave Pinto completed the training, which is designed for gram “Decisions That Shook the World,” and was newer legislators. awarded the Order of Lincoln (Illinois’ highest NEBRASKA — Sen. Brett R. Lindstrom; Sen. This year marked the first in which the MLC honor) in 2004 by then-Gov. Rod Blagojevich. Tony Vargas; Sen. Anna D. Wishart teamed up with its new partner in presenting According to his page at the Speaker BILLD — the Center for the Study of Politics Agency’s website, his newest book, due this year, and Governance at the University of Minnesota’s NORTH DAKOTA — Sen. Brad Bekkedahl; will be a history of presidents and wars from Humphrey School of Public Affairs. Rep. Brandy L. Pyle; Rep. Shannon M. Roers Jones 1812 to the present day. In addition to taking part in sessions on This annual meeting of The Council of State consensus building, negotiation, civil discourse, OHIO — Rep. Theresa A. Gavarone; Rep. Governments brings together legislators and and political communication, BILLD Fellows had Nathan H. Manning; Rep. Kent Smith other state officials from across the country. the opportunity to learn from current legislative This year’s event includes policy academies leaders in the Midwest, as well as top experts in SOUTH DAKOTA — Rep. Thomas Holmes; on the Every Student Succeeds Act and on state state government and public policy — all while Rep. Tim S. Reed; Rep. Jamie Smith water policy. developing new relationships that cut across The Midwestern Legislative Conference’s partisan, state and provincial lines. WISCONSIN — Rep. David Bowen; Rep. Executive Committee will meet during the Each year, the bipartisan BILLD Steering Mark Spreitzer; Rep. Nancy L. VanderMeer conference from 10 a.m. to 12 p.m. on Saturday, Committee awards a select group of legislators Dec. 16. ALBERTA — MLA Chris Nielsen fellowships to attend the institute. Here is a list of A reception for Midwestern legislators is also this year’s graduates (also pictured below): planned for Saturday evening. MANITOBA — MLA Andrew Smith Registration for the conference is open and can ILLINOIS — Rep. Sonya M. Harper; Rep. be completed at csg.org/2017nationalconference. Anna Moeller ONTARIO — MPP Lorne Coe All of CSG’s various public policy committees will meet as well. The leaders of these committees INDIANA — Sen. Elizabeth Brown; Rep. Jack SASKATCHEWAN — MLA Steven Bonk include three legislators from the Midwest: • Ohio Rep. Al Landis, co-chair of the Energy and Environment Public Policy Committee; • Indiana Sen. Karen Tallian, co-chair of the Fiscal and Economic Development Public Policy Committee; and • Kansas Rep. Susan Concannon, co-chair of the Health Public Policy Committee. CSG’s other committees cover policies related to education and workforce development and state transportation and infrastructure. In addition to the National Conference, CSG provides support (through its Midwestern Office) to the Midwestern Legislative Conference Annual Meeting. The MLC is a nonpartisan group of all legislators from 11 Midwestern states and four Canadian provinces. The group’s 73rd Annual Meeting will be held from July 15-18 in Winnipeg, Manitoba.

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 SEPTEMBER 2017 CSG Justice Center to host all-states policymaker ‘summit’ on public safety

he Council of State Governments’ Justice Center, in partnership with the Association of TState Correctional Administrators, will host a two-day public safety “summit” of lawmakers, corrections, law enforcement and behavioral health CALENDAR officials in Washington, D.C., on Nov. 13-14, 2017. The summit aims to equip leaders from each UPCOMING MIDWESTERN LEGISLATIVE of the 50 states with a better understanding of the CONFERENCE AND THE COUNCIL OF STATE crime, arrest, and correctional system trends in their GOVERNMENTS EVENTS jurisdictions. Each state’s “team” will include the director of the department of corrections, a key state lawmaker, MIDWEST INTERSTATE PASSENGER RAIL COMMISSION MEETING a person representing local law enforcement and a October 9-11, 2017 local- or state-level behavioral health official. Each Wichita, Kansas team should emerge with opportunities identified to reduce crime and recidivism, improve outcomes Contact: Laura Kliewer ([email protected]) for people with mental health and substance use 630.935.1922 disorders, and to reduce spending on prisons and jails. violent crime clearance rates, or 10 states using the miprc.org The summit’s agenda is divided into three parts: most prison space for sanctioning probation/parole How can states address local public safety challenges? violators) will be state examples of lessons learned, CSG NATIONAL CONFERENCE How can states reduce recidivism through effective case studies and research-based principles. December 14-16, 2017 supervision, services, and reentry strategies? How Each state team will be encouraged to request a Las Vegas, Nevada can states generate savings from cost-effective follow-up visit from the CSG Justice Center, where Contact: Kelley Arnold ([email protected]) corrections and sentencing policies to reinvest in experts will review information presented at the sum- 859.244.8000 public safety? mit to a much larger cross-section of policymakers, csg.org State-by-state data on crime, arrests, recidivism, practitioners and advocates in that state. correctional populations and other criminal justice Up to 20 states may be selected for such a follow- 73RD ANNUAL MEETING OF system metrics will be developed into analyses that up visit. Those states visited will be invited to request THE MIDWESTERN LEGISLATIVE will allow policymakers and state teams to ask practi- additional technical assistance funded by the U.S. CONFERENCE cal questions about their state’s policies and practices. Department of Justice’s Bureau of Justice Assistance. July 15-18, 2018 Accompanying these analyses (e.g., top 10 states For more information about the summit, send Winnipeg, Manitoba with the highest drug incarceration rate, 10 lowest email to [email protected]. Contact: Gail Meyer ([email protected]) 630.925.1922 CSG Midwest, South legislators tour U.S.- csgmidwest.org Canada border facilities in Detroit, Windsor 24TH ANNUAL BOWHAY INSTITUTE FOR LEGISLATIVE LEADERSHIP egislators from The Council of State Governments’ DEVELOPMENT (BILLD) Midwestern and Southern regions learned about August 10-14, 2018 Lborder security and crossing procedures on a Minneapolis, Minnesota visit to Detroit and Windsor, Ontario, hosted by the Contact: Laura Tomaka ([email protected]) Canadian Consulate General in Detroit. 630.925.1922 Legislators represented the CSG Midwestern csgmidwest.org Legislative Conference’s Midwest-Canada Relations Committee and the CSG Southern GREAT LAKES LEGISLATIVE Legislative Conference’s Economic Development, CAUCUS MEETING Transportation and Cultural Affairs Committee. September 20-22, 2018 MLC participants were Indiana Sen. Ed Erie, Pennsylvania Charbonneau, Speaker Dave Levac of the Ontario Legislative Assembly, Michigan Sen. Jim Stamas Contact: Lisa Janairo ([email protected]) and Member of the Manitoba Legislative Assembly 920.458.5910 greatlakeslegislators.org Greg Nesbitt. Indiana Sen. Ed Charbonneau, right, Ontario The group met with the district director of Legislative Assembly Speaker Dave Levac, center, Canada’s Border Services Agency in Windsor, and and Douglas George, Canadian consul general the director of field operations of U.S. Customs in Detroit, on the Detroit River during CSG’s and Border Protection at the Ambassador Bridge, tour of U.S. and Canadian border facilities. where they learned about trusted-traveler programs, border management and border security. to meet with U.S. Coast Guard and Royal A new international bridge will soon be built Canadian Mounted Police officials involved in the between Detroit and Windsor, the busiest com- “Shiprider” program, and board a Coast Guard mercial crossing along the U.S.-Canada border. vessel for a ride on the Detroit River. The group met with officials from the Windsor- Shiprider is an integrated marine defense/law Detroit Bridge Authority, and visited the sites enforcement program permitting RCMP and Coast where the customs plazas will be located on each Guard officers to ride on vessels of the opposite side of the border. country to which they are attached, and participate The legislators also had the opportunity in joint law enforcement efforts.

STATELINE MIDWEST SEPTEMBER 2017 11 CAPITOL and dismemberingahumanbodyare excluded. arms charges, inducement to commit suicide Adjudications for forcible felonies, some fire granted by publicauthority.” public office or “from receiving any license position,qualify someonefrom acivilservice beusedtonot aconviction,andcannot dis also specifiesthat ajuvenile adjudication is HB 3817,whichtakes onJan.1,2018, effect law signedby Gov. lastmonth Bruce Rauner expunged willremain sealedunderanew recordsJuvenile court in transitions to easeex-offenders’ New Illinoislaws aim fenses orchildpornography. ness skills to inmates notconvicted ofsex of ofCorrections to teachthe Department busi which establishesa5-year pilotprogram in Entrepreneur Education Program” (HB698), with prejudice (HB514);andthe “Prisoner or charges resulting inacquittal ordismissal non-violent andnon-sexual crimes(HB2373) where forcases someoneisgiven supervision (SB 1688);allowing thesealingofrecords in ducing barriers to occupational licensing Also amongthosebillswere measures re signedonAug.Rauner 24. and Fairness Act, was oneofsixmeasures The law, known asthe Youth Opportunity NONPROFIT ORGANIZATION U.S. POSTAGE PAID CAROL STREAM, IL Stateline PERMIT NO. 1859 Illinois that are not

Midwest CLIPS - - - - - September 2017 . The Council of State Governments Nebraska’s unicameral legislature approved September meeting. Board ofEducation might review itat its development and that theNebraska State spokesman isunder assaying amodelpolicy U.S. News &World Report incorporatingpolicy thosesteps by Dec. 1. ofEducationpartment to develop amodel The onthe billalsocalled nearby childcare providers. have daycare facilities—help students find breast-feeding; and—for schoolsthat don’t dations for students whoare or lactating home; provide private accommo lactation online courses oraccessing coursework from alternatives to classwork suchastutoring, to return to schoolafter provide pregnancy; nancy-related absences andallow students mum, set standards for dealing with preg Under LB427,thosepoliciesmust, at amini Aug. 24. dents, undera newlaw that on took effect accommodate pregnant orparenting stu cies inplace for the2018-19schoolyear to inNebraska musthave districts School poli mothers inhighschool keep pregnant, new hopesto Nebraska Midwestern Office law oneweek later. stentions). Gov. Pete Ricketts signeditinto LB 427onMay 2by a31-7vote (with11ab 701 E. 22nd Street, Suite 110 Lombard, IL 60148-5095 Phone: 630.925.1922 Fax: 630.925.1930 Email: [email protected]

csgmidwest.org cited a department Nebraska CHANGE SERVICE REQUESTED De ------participate intheprogram.participate eligiblecompanies are noteligibletoerwise businesses andretail-exclusive ofoth parts stadiums,Professional casinos, retail sports of entering theagreement. new jobsmustbecreated withinfive years ness creates newjobs. thecertified Those Tax captures willbeginfrom thedate abusi tax captures over thelife oftheprogram. more than$200millionintotal withholding Dec. 31,2019.Nor thefunddisburse can 15 suchagreements peryear, butnoneafter The Strategic Michigan Fund make can upto to 100percent ofwithholdingfor upto 10years. “Regional Prosperity Initiative”) to capture up vided into 10 such regions under Gov. Snyder’s prosperity region’s annualwage isdi (Michigan pay salariesthat are 125percent ormore ofthe create full-timejobsand at least 250 certified Jobs forProgram,” Michigan companies must Under SBs242-244,whichcreate the “Good they meetspecificcriteria. newemployees,tax withheldfrom certified if companies to keep someorallofstate income jobs to by Michigan allowing neworemerging 26aimstoder onJuly lure new, well-paying A trioofbillssignedinto law by Gov. Sny Rick well-paying jobs designed to lure new, Michigan taxincentives - - - - state only. Wisconsin madeannualpayments to other state filedstate income taxes intheirhome 2009, eachstate’s residents who worked inthe Gov.then-Minnesota Tim Pawlenty canceled in Under thestates’ previous agreement, which to restore ataxreciprocity agreement. state after officialsinAugust offtalks called will getanincome taxcredit from theirhome residentsMinnesota whowork in Wisconsin with Wisconsin out ontaxreciprocity timeMinnesota calls per year. estimate willcost thegeneral fund$8million higher income taxes, amove officials Minnesota reciprocity credit to make up for Wisconsin’s T about 50,000 Wisconsinites work inMinnesota. work20,000 Minnesotans in Wisconsin while According to Wisconsin Public Radio, about enue inanewdeal. payment to recoup what itprojected aslostrev down over Minnesota’s demandfor a$6million the lastround ofnegotiations, in2015,broke According to the million peryear. Wisconsin would owe about$69 Minnesota returns filed in both states in 2011, showed that A newstudycompleted in2013,basedontax year, basedonabenchmarkstudyin1995. 12 monthsMinnesota after the close of each tax hose Minnesotans willnowhose Minnesotans getanincome tax Winona (Minn.) (Minn.) Daily News - ,