Capitol Ideas | 2018 | Issue 5 | American Democracy

2018 ISSUE 5

AMERICAN DEMOCRACY VOTING IN U.S. ELECTIONS FROM ALL OVER THE WORLD MEET THE 19-YEAR-OLD ELECTED IN WISCONSIN DISCOVER WHAT IT TAKES TO CREATE A POLITICAL PARTY DEPLOYING NEW TOOLS TO PROTECT U.S. ELECTIONS

5 QUESTIONS WITH GOV. GA RY H ER BER T | U t ah

Issue 5 AMERICAN DEMOCRACY ON THE COVER Utah Gov. Gary Herbert served as the CSG 2018 national president.

Photo courtesy of the Office of Gov. Gary Herbert

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WELCOME TO THE PARTY

VOTING IN U.S. ELECTIONS

MILLENNIAL LEADERS

ON THE MONEY

Although Democrats and Republicans dominate every branch and level of government in the U.S., the majority of Americans may not stand squarely on the left or right. Some Americans are turning to third parties to find their political home.

U.S. military and overseas voters may face additional hurdles while registering and casting a ballot because of their location and lack of access to technology or a local postal service. These are just a few of the challenges that election officials must consider when making sure overseas voters can participate in U.S. elections.

Connecticut state Rep. Caroline Simmons and Ohio state Sen. Frank LaRose received the Millennial Action Project’s inaugural Rising Star Award for their leadership in enacting bipartisan legislation.

In addition, we talk to Wisconsin state Rep.-Elect Kalan Haywood II, who was elected at 19 years old.

CSG surveys states about salaries of selected administrative officials, from governors to information technology directors to waste management administrators. The 2018 data on top official salaries in each category is reported by states as of Jan. 1, 2018.

ISSUE 5 | CAPITOL IDEAS

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ISSUE 5

FEATURES

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WHAT’S HAPPENING AT CSG

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THEY TWEETED IT | american democracy

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REGIONAL ROUNDUP | east

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REGIONAL ROUNDUP | south

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REGIONAL ROUNDUP | midwest

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REGIONAL ROUNDUP | west

40 FINAL FACTS | kentucky

SPOTLIGHT: American Democracy

10 RESTORING THE POWER OF FEDERALISM

22 25 YEARS OF THE CLAIR FELLOWSHIP

34 POLICYMAKING AT THE BALLOT BOX

Utah Gov. Gary Herbert, CSG 2018 national president, reflects on the state of federalism in the United States, and how to put states back in the driver’s seat as the nation’s policy innovators.

The Japan Local Government Center—also known as CLAIR, New York—is part of the Council of Local Authorities for International Relations, or CLAIR, in Tokyo. The CLAIR Fellowship, started in 1993, is an initiative of CLAIR, New York. The annual program takes representatives of state and local governments in the U.S. and local governments in Canada to Japan to work on government issues.

On Nov. 6, Michigan voters passed Proposal 2, amending the state’s constitution and transferring the power to draw the state’s congressional and legislative districts from the state Legislature to an independent redistricting commission. The Michigan proposal was part of a wave of citizen-led ballot initiatives that began in 2016 and continued in the 2018 election.

24 A RISING GENERATION OF LEADERS

36 ELECTIONS OFFICIALS DEPLOY NEW TOOLS

12 WELCOME TO THE PARTY Although Democrats and Republicans dominate every branch and level of government in the U.S., the majority of Americans may not stand squarely on the left or right.

Some Americans are turning to third parties to find their political home.

16 VOTING IN U.S. ELECTIONS FROM AROUND THE WORLD U.S. military and overseas voters may face additional hurdles while registering and casting a ballot because of their location and lack of access to technology or a local postal service. With 5.5 million overseas citizens, these are just a few of the challenges that election officials must consider when making sure overseas voters can participate in U.S. elections.

ISSUE 5 | CAPITOL IDEAS

28 ON THE MONEY

Utah Gov. Gary Herbert, CSG 2018 national president, talks about bolstering Utah’s economy and ensuring states are leading the way forward on national policy.

CSG surveys states every year about salaries of selected administrative officials, from governors to information technology directors to waste management administrators. The 2018 data on top official salaries in each category is reported by states as of Jan. 1, 2018. Check out this snapshot of how different states allocate funds to best meet the needs of their constituents.

20 BREAKING THE CYCLE OF REOFFENDING

32 SUCCESSFUL INTERSTATE COMPACTS

These infographics, pulled from the CSG Justice Centers’ 50-State Report on Public Safety, illustrate how states can help fulfill their public safety responsibilities by reducing recidivism.

A distinctly American invention, interstate compacts promote multistate problem-solving in the face of complex public policy issues and federal intervention.

Here, we delve into some successful compacts.

18 Q&A WITH UTAH GOV. GARY HERBERT

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Connecticut state Rep. Caroline Simmons and Ohio state Sen. Frank LaRose received the Millennial Action Project’s inaugural Rising Star Award for their leadership in enacting bipartisan legislation and their commitment to bipartisan collaboration. A national, nonpartisan group formed about five years ago, the Millennial Action Project supports young policymakers at the state and national levels. In addition, we talk to Wisconsin state Rep.-Elect Kalan Haywood II, who was elected at 19 years old.

TO PROTECT ELECTIONS If state and local election officials around the country were successful this year in preventing cyberattacks like the ones seen in 2016, it’s thanks not only to coordination with federal agencies, but also to a variety of new partnerships, tools, procedures, training efforts and communications protocols put in place since the 2016 election.

publisher DAVID ADKINS

dadkins@csg.org

editor-in-chief KELLEY ARNOLD

karnold@csg.org

contributing JESSICA KIRBY

writers Research Associate, Overseas Voting Initiative jkirby@csg.org

DAN LOGSDON managing editor COURTNEY DANIEL CSG Manager, National Center

cdaniel@csg.org

for Interstate Compacts

dlogsdon@csg.org associate editors SHAWNTAYE HOPKINS shopkins@csg.org

SEAN SLONE

LISA MCKINNEY CSG Director, Transportation lmckinney@csg.org

and Infrastructure Policy sslone@csg.org

CAPITOL IDEAS, ISSN 2152-8489, NOV/DEC 2018, Vol. 61, No. 5—Published by The Council of State Governments, 1776 Avenue of the States, Lexington, KY 40511-8536. Opinions expressed in this magazine do not necessarily reflect the policies of The Council of State Governments nor the views of the editorial staff.

Readers’ comments are welcome. Subscription rates: in the U.S., $42 per year.

Single issues are available at $7 per copy. POSTMASTER: Send address changes to Capitol Ideas, Sales Department, The Council of State Governments, 1776 Avenue of the States, Lexington, KY 40511-8536. Periodicals postage paid at Lexington, Ky., and additional mailing offices.

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Copyright 2018 by The Council of State Governments. Periodicals postage paid at Lexington, Ky., and at additional mailing offices.

technical editor CHRIS PRYOR cpryor@csg.org 30

graphic designers THERESA CARROLL

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CHAD YOUNG cyoung@csg.org

email capitolideas@csg.org website capitolideas.csg.org

Gov. Gary Herbert UTAH CSG National President

Assemblyman Michael Benedetto

KENTUCKY CSG National Chair

NEW YORK CSG East Co-Chair

David Adkins

Wendell M. Hannaford

CSG EXECUTIVE DIRECTOR/CEO dadkins@csg.org

CSG EAST DIRECTOR whannaford@csg.org

Sen. James Seward

Sen. Ed Charbonneau

NEW YORK CSG East Co-Chair

INDIANA CSG Midwest Chair

House Speaker Taylor Barras

Michael H. McCabe

Colleen Cousineau

Edgar Ruiz

CSG MIDWEST DIRECTOR mmccabe@csg.org

CSG SOUTH DIRECTOR fitzgerald@csg.org

CSG WEST DIRECTOR eruiz@csg.org

LOUISIANA CSG South Chair

Sen. Stuart Adams UTAH CSG West Chair

ISSUE 5 | CAPITOL IDEAS

Senate President Robert Stivers

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what’s happening at csg

WHAT'S HAPPENING AT CSG?

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CSG 2019 Leadership Team Selected

Selected policymakers participated in CSG policy academies held during the CSG 2018 National Conference in Northern Kentucky – Greater Cincinnati. States Place Their Bets and Promising Approaches for America’s Addiction Crisis were held on Dec. 5, and The Intersection of Innovation and Infrastructure and Using Science to Inform State Policymaking were held on Dec. 6. These one-day policy academies provide state leaders with a deeper dig on issues and help state officials to share ideas and solutions.

Our 2019 national leaders were announced during the CSG 2018 National Conference in Northern Kentucky-Greater Cincinnati following confirmation by the CSG Executive Committee. In 2019, Puerto Rico Gov. Ricardo Rosselló will serve as the national president, New Hampshire state Sen. Lou D’Allesandro will serve as national chair, Wisconsin state Rep. Joan Ballweg will serve as national chair-elect, Washington state Sen. Sam Hunt will serve as national vice-chair, and Kentucky Senate President Robert Stivers will serve as immediate past national chair.

ISSUE 5 | CAPITOL IDEAS

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CSG Research Reports Published Several reports were debuted during the CSG 2018 National Conference in Northern Kentucky – Greater Cincinnati. The CSG Election Cybersecurity Initiative Guide for state and local officials was released during the CSG Election Cybersecurity Communications Mapping Initiative session. A report titled Cash-less State Governments: Electronic Collections & Benefit Disbursements was released during the Fiscal & Economic Development Public Policy Committee session titled State Impacts of the Tax Cuts and Jobs Act of 2017. In addition, the U.S. Department of Labor and the Office of Disability Employment Policy’s State Exchange on Employment and Disability collaborated on the Stay-atWork/Return-to-Work Toolkit, which was released during a session at the conference. The Energy and Environment Public Policy Committee also presented the State Strategies for Advancing the Electric Vehicle Marketplace report during The Future of Electrification: Impact on Grid Infrastructure session.

CSG Ends Year With Four Policy Academies

2019 Toll Fellowship Applications Open in January The Council of State Governments Henry Toll Fellowship convenes 48 state officials from all three branches of state government each year for a weeklong leadership development program designed to stimulate personal assessment and growth. CSG will start accepting applications for the 2019 program on Jan. 11. The program will take place at the Hyatt Regency in Lexington, Kentucky, Aug. 23–27. The application can be found online at csg.org/tollfellows. Participants selected for the 2019 Henry Toll Fellowship will be required to attend the 2019 Toll Fellowship Graduation Ceremony, which will be held during the CSG 2019 National Conference in Puerto Rico in December 2019.

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Policy Analyst Selected to Oversee CSG Overseas Voting Initiative Taylor Lansdale, formerly a CSG policy analyst, has been selected to lead the Overseas Voting Initiative, or OVI, as program manager. He will manage CSG’s new fiveyear, $3.9 million cooperative agreement between CSG and the U.S. Department of Defense’s Federal Voting Assistance Program, or FVAP, to research efforts to improve the voting process for U.S. military and overseas voters and the election officials who serve them. In addition to his new role with OVI, Lansdale serves as a military intelligence officer in the Kentucky Army National Guard. Lansdale previously served as a policy analyst for CSG in the field of occupational licensure where he examined the effects of licensing on military spouses and veterans, citizens with criminal records, and unemployed or dislocated workers.

Lansdale will lead the project from CSG’s Lexington, Kentucky, headquarters.

they tweeted it

They Tweeted It Mac Warner @wvsosoffice • Oct 13 @wvsosoffice Mac Warner attended the National Election Security Summit last month to discuss best practices with state & federal elections officials and security & technology professionals. WV has taken a national lead in election security.

Kim Wyman @secstatewa • Oct 12 Thank you to Spokane Community College and @whitworth for having me on campus to talk about the importance of registering to vote and doing your civic duty! It’s always a pleasure to talk to engaged and motivated audiences.

Tre Hargett @SecTreHargett • Nov 6 Thanks again to all of our dedicated election officials across the state. You did a great job today.

Additional thanks to everyone who offered themselves as candidates in today’s elections. Finally, thanks to all of you who participated in the process as voters. #GoVoteTN

Delbert Hosemann @MississippiSOS • Oct 24 Check out this awesome picture from Mt. Olive High School’s recent #PromotetheVote election!

Our teachers and students across #Mississippi are so creative. If you’ve conducted a mock election in your school, don’t forget to send us your results to ptv@sos.ms.gov. #MPBEducation

Lawrence Denney @IDSecOfState • Oct 12 Good News: As of 2 p.m., more than 1,500 NEW voters have pre-registered online at http://IdahoVotes.gov TODAY. #RegisterToVote #IdahoVotes

Paul Pate @IowaSOS • Oct 10 Joining @cspanwj this morning via Skype to discuss #elections & #CyberSecurity. First-in-the-Nation in voting demands first-in-thenation security.

ISSUE 5 | CAPITOL IDEAS

Nevada Elections @NVElect • Oct 27 Week 1 of #EarlyVoting is in the books. Over 310,000 ballots have been cast so far (19.5% of active registered voters). Early voting goes through Friday, November 2. Find times and locations in your county here: https://www.nvsos.gov/sos/elections/voters/early-voting-information …. #iVoted #2018Election

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regional roundup

The East CT • DE • MA • MD • ME • NH • NJ • NY • PA • RI • VT • NB • NS • ON • PE • PR • QC • VI PLASTIC BAN New Jersey has proposed the strictest plastic ban in the country. It is more ambitious than the existing bans in California, Hawaii and New York City. Plastic bags, foam food service products such as cups or carryout containers, and straws would all be prohibited if the bill is passed. The ban is an effort to combat plastic pollution that is severely affecting beaches and wildlife in the state, NorthJersey.com reports.

PHOSPHOROUS CONTAMINATION In response to Vermont’s phosphorous problem, the state has invested $250,000 to keep waterways clean.

The Vermont Phosphorous Innovation Challenge, or VPIC, presented more than 25 potential solutions of which they chose six pilot projects to fund. According to NBC 5 News, one of the funded projects will use biochar, a carbon product, to reduce the amount of phosphorous flowing through waterways.

Next year, the state will review the projects, narrow them and provide additional funding.

ISSUE 5 | CAPITOL IDEAS

MEDICAL MARIJUANA

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Louisiana, Oregon, Michigan, Minnesota and Pennsylvania.

GUN POLICY Pennsylvania Gov. Tom Wolf signed legislation to require citizens convicted of misdemeanor crimes of domestic violence or subject to protective orders to relinquish their guns within 24 hours. The law requires the weapons be handed over to police, a lawyer or a gun dealer. According to the Pittsburg Post-Gazette, this is the first anti-violence legislation in the state regarding guns in over a decade.

CPR A New York hospital has released a public Spotify playlist of songs that can be used during CPR as a part of their campaign for bystander intervention in medical emergencies. New YorkPresbyterian Hospital created the playlist of songs that have 100-120 beats-per-minute, the recommended tempo for chest compressions. Marvin Gaye’s “What’s Going On” and Justin Bieber’s “Sorry” are among the songs on the playlist.

Rhode Island’s Department of Health approved medical marijuana for a specific autism patient population, mostly including children. According to a report from the Providence Journal, the decision was made in response to a parent’s request earlier in the year in which additional parents also testified that they saw improvements in their children after trying CBD. Various states have similar qualifying conditions including Delaware, Georgia,

For more on CSG East, visit capitolideas.csg.org and www.csg-erc.org.

New Hampshire Governor Releases Workforce Initiative New Hampshire Gov. Chris Sununu recently released the Next Generation Workforce Initiative in response to a workforce shortage in the health care industry. According to the report, there are more than 1,000 job openings for registered nurses in the state.

The initiative invests in the state’s community colleges and universities to expand the skilled workforce.

“We’re focusing on our nurses, we’re focusing on advanced manufacturing – exactly what our needs are,” Sununu said during his presentation of the plan at Manchester Community College.

The plan will reintroduce the Licensed Practical Nurse program throughout the Community College System, according to the governor’s office. This effort is specifically targeted to address a shortage of this level position at nursing homes.

Another strategy emphasized is to up-skill the associate degree in nursing workforce to Bachelor’s Degrees in Nursing. This allows already skilled workers a clear and convenient pathway to furthering their education. Also, the initiative aims to expand lab and educational facilities needed to train more health care professionals.

regional roundup

The South AL • AR • FL • GA • KY • LA • MO • MS • NC • OK • SC • TN • TX • VA • WV SNAP The U.S. Department of Agriculture awarded the Alabama Department of Human Resources $2.4 million in performance bonuses for timely and accurate administration of the state’s Supplemental Nutrition Assistance Program, or SNAP, according to AL.com.

Alabama’s application timeliness rate of 94 percent in 2017 and quality control error rate of 4.87 percent in 2016 were among the best in the nation. The bonuses may be used for SNAP related expenses, including investments in technology and actions to prevent fraud, waste and abuse.

CRIMINAL JUSTICE REFORM

Oklahoma Launches Program to Catch Uninsured Motorists

REDUCING GOVERNMENT REGULATIONS Virginia House Speaker Kirk Cox announced that the House of Delegates is on track to eliminate about 1,200 regulations during the next few years, according to The Associated Press. The announcement follows a

COLLEGE GRANTS North Carolina Gov. Roy Cooper announced that more than 30 community colleges statewide have been awarded $1.8 million in grants to help students facing financial crises complete their degree or training, The Associated Press reported.

The grants are part of a federal workforce program that will be particularly helpful for students impacted by Hurricane Florence. Students can receive up to $1,000 per semester for unforeseen fiscal emergencies that could force them to leave school before completing their programs.

PROCESSING FACILITY WLOX-TV reported that a new shrimp shell processing facility, the only one of its kind in the world, began operations in October in Vancleave, Mississippi. The Mari Signum Dragon Drying Facility is equipped to turn shrimp shells into Chitin, a non-toxic bio-polymer that has proved useful for several important medicinal, industrial and biotechnological purposes.

Shrimp shells processed on the coast are hauled to the facility, where they are ground into a fine powder. Afterward, the powder is shipped to a third facility in Virginia, where the Chitin is extracted for commercial use.

For more on CSG South, visit capitolideas.csg.org and www.slcatlanta.org.

ISSUE 5 | CAPITOL IDEAS

A new program in Oklahoma to identify uninsured drivers began on Nov. 1, according to NewsOK. The initiative, known as the Uninsured Vehicle Enforcement Diversion Program, is the first of its kind in the nation. Cameras placed in high traffic areas will oversee roadways and scan license plates to identify vehicles that are not insured.

The program began in November with five cameras in Oklahoma City and Tulsa. It will expand in the coming months, eventually consisting of 30 cameras statewide.

State lawmakers passed legislation in 2017 to implement the program, which will be administered by the Oklahoma District Attorneys Council. Drivers caught without insurance will have an opportunity to pay a fee and become compliant with the law without receiving a ticket or being charged with a crime. If an uninsured vehicle is detected by one of the cameras, the owner will receive a notification letter, along with a copy of the image taken by the camera, to pay a $174 fee and provide proof of insurance.

Some cameras deployed by the state will be attached to existing poles, while others will be mobile, moving around on state-operated vehicles. Information gathered from the cameras will be processed by a newly enhanced insurance database, allowing authorities to see, in real time, which vehicles are insured.

Of the $174 fee that drivers will be required to pay if uninsured, most of the money will go directly to the District Attorneys Council to offset costs associated with the program. The remaining portion will be given to an outside vendor that has been working with the state to provide equipment and technology needed to launch the program.

In Oklahoma, about 25 percent of all motorists drive without insurance, costing the state millions of dollars in lost revenue from taxes on insurance premiums. This program will aim to mitigate that problem.

Louisiana leaders announced plans for reinvesting $8.5 million that was saved from last year’s 10-bill criminal justice reform package, The Advocate reported. The savings, which represent about 70 percent of the $12.2 million saved from the reforms, will be directed toward the five parishes that contribute the highest number of inmates in prison. Across the state, $2 million will be divided among communitybased organizations that work with formerly incarcerated individuals and $4.2 million will be dedicated to local corrections programming.

Another $1.7 million will be spent on victim services.

bipartisan compromise reached earlier this year to make significant cuts to regulations overseen by the Department of Professional and Occupational Licensing and the Department of Criminal Justice Services.

According to legislation passed earlier this year, 25 percent of regulations not mandated by law must be eliminated by 2021.

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regional roundup

The Midwest IA • IL • IN • KS • MI • MN • ND • NE • OH • SD • WI • AB • MB • ON • SK GRADUATION RATES North Dakota’s high school graduation rate for Native American students continues to rise. Native Americans make up around 10 percent of the student population of the state. The Bismarck Tribune reported data from the Department of Public Instruction, which shows an increase in the graduation rate from 65.2 percent in 2016 to 67.3 percent in 2017. The report also shows a continued decrease in dropout rates of Native American students.

HORSE MASSAGE Nebraska passed legislation changing the licensure requirements for horse massage practitioners. Now, an animal therapy license will be required instead of a veterinarian or human massage therapy license.

This updated licensure requirement will provide a new career opportunity for Nebraskans. According to The Columbus Telegram, a Columbus resident has started a horse massage business since the passing of the bill.

ISSUE 5 | CAPITOL IDEAS

STEM

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The 2017–2018 Iowa STEM (science, technology, engineering and math) Evaluation Report was recently released by the Iowa Governor’s STEM Advisory Council, according to a news release from the governor’s office. The report measures the council’s efforts in increasing student interest and success in STEM education and workforce development. The report found that the STEM efforts resulted in increased

standardized testing scores, improved teacher confidence on STEM material, increased overall citizen STEM awareness, and a 26 percent increase in STEM postsecondary credentials.

MANUFACTURING JOBS Recent employment statistics shared by the U.S. Department of Labor’s Bureau of Labor Statistics highlighted Wisconsin’s strides in employment, specifically in the manufacturing workforce.

Wisconsin created an additional 22,800 manufacturing jobs from September 2017 to September 2018, the second highest in the nation, according to News8000. The growing manufacturing sector in Wisconsin has significantly increased the workforce participation and lowered the state’s unemployment rate to around 3 percent.

ADDICTION Methamphetamine addiction is a pressing issue in Kansas.

Many leaders believe the drug addiction is leading to a growing crime rate. At the Sedgwick County jail, 70 percent of inmates are struggling with a drug addiction, according to The Wichita Eagle.

Sedgwick County Sheriff Jeff Easter plans to hire a drug addiction specialist at the sheriff’s office and a mental health coordinator at the COMCARE Crisis Center by 2019 to shift to a focus on drug treatment.

For more on CSG Midwest, visit: capitolideas.csg.org and www.csgmidwest.org.

Michigan Launches Website in Effort to Combat the Opioid Epidemic Lt. Gov. Brian Calley recently announced the launch of a website created to combat the opioid epidemic. “Trying to find helpful information and resources about the opioid addiction epidemic should not be difficult,” he said in a news release.

According to the website, in 2017, there were 1,941 deaths from opioid overdoses in Michigan.

The website, www.michigan.gov/opioids, provides a plethora of information and resources surrounding the issue. It features interactive maps that provide locations of licensed treatment centers and take-back locations where citizens can dispose of unneeded opioids. Visitors to the website will find information about where they can attain naloxone and how to administer it. Additionally, it shares opioidrelated legislation and provides statistics and research findings in efforts to spread awareness.

The website highlights numerous programs such as the Michigan State Police Angel Program. The MSP Angel Program permits citizens struggling with addiction to go to a state police post and receive support and proper drug treatment instead of being entered into the criminal justice system. There is also a resource for prescribers and pharmacists that provides detailed information about the state’s drug monitoring program.

The goal of the new tool is to allow people to have quick, easy access to resources and services from numerous state agencies.

regional roundup

The west AK • AZ • CA • CO • HI • ID • MT • NM • NV • OR • UT • WA • WY • AB • AS • BC • CNMI • GU DUI LAW

EARLY VOTING TURNOUT

On Dec. 30, a new law will go into effect making driving with a blood alcohol level of .05 illegal in Utah. Utah is the first state to lower the nationwide .08 blood alcohol limit, creating the strictest DUI law in the country. According to a report by The Pew Charitable Trusts, the bill was passed last year, but provided time for law enforcement training before it goes into effect.

Nevada set a new record for early voter turnout in the midterm election within the first two days. According to the Las Vegas Review-Journal, around 70,000 voters cast their ballots during the first two days compared to 27,000 voters in the 2014 midterm election. The popularity of early voting and an increased interest in politics are credited for the increase.

CAMPAIGN FINANCE MARIJUANA REVENUE

California Reverses Maternal Mortality Trend

U.S.-CHINA TRAVEL

A judge ruled in December that large parts of a rewrite of Arizona’s campaign finance laws enacted in 2016 violate the state Constitution, reported The Associated Press. According to the ruling, the law illegally removed power from the Citizens Clean Elections Commission, created by voters in 1998, and gave the secretary of state the power to investigate campaign finance violations and act as filing officer for candidates.

Alaska Gov. Bill Walker announced plans to introduce a direct passenger flight from Alaska to Harbin, China, according to KTVA. The direct flight will reduce travel time to Beijing by 70 percent, creating the shortest connection between the U.S and China.

Chinese and Alaskan leaders are hoping that the new flight option will increase tourism and stimulate economic growth. Alaska is aiming to begin direct flights to China in summer 2019.

For more on CSG West, visit: capitolideas.csg.org and www.csgwest.org.

ISSUE 5 | CAPITOL IDEAS

California is trending in the opposite direction from the rest of the country in childbirth death rates. Across the United Sates, the maternal mortality rate has been increasing. Yet, the state Department of Public Health found that between 2006 and 2013, California decreased its maternal mortality rate by 55 percent from 16.9 to 7.3 deaths for every 100,000 births, according to an article by The Pew Charitable Trusts.

According to a report by Pew on average maternal mortality rates from 2011 to 2015, state averages ranged from 4.5 to 47 maternal deaths per 100,000 live births. The national average was 20.7 deaths.

California has led many maternity care initiatives including training for professionals in the field on best practices, creation of a pregnancy-related mortality review board to investigate deaths, rapid data collection and analysis, and instruction manuals on how to respond to specific circumstances. For example, hospitals are now equipped with how-to manuals on best practices for dealing with specific circumstances such as pre-eclampsia, hemorrhages, or damage to organs.

California leaders hope to see other states follow their lead in combating this national crisis. Oregon and Washington have recently collaborated with California to create their own data systems. “There are free [instruction manuals] to help hospitals address the major drivers of maternal mortality and morbidity. And we have a data center in California that can be replicated in other states that is low-burden and lowcost to hospitals,” Stephanie Teleki of the California Health Care Foundation said in a statement.

According to The Denver Post, marijuana sales in Colorado had already reached $1 billion by August of this year. This resulted in $200 million in tax revenue for the state. Colorado is on track to surpass last year’s total of $1.5 billion in marijuana sales. An expanding market and the popularity of edible products are credited for the increase in sales.

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american democracy

RESTORING THE POWER OF

Federalism THE FOLLOWING COMMENTARY IS TAKEN FROM A SPEECH GIVEN BY UTAH GOV. GARY HERBERT, CSG 2018 NATIONAL PRESIDENT, IN WASHINGTON, D.C., AT A CSG EVENT IN FEBRUARY.

Through The Council of State Governments, state officials have the opportunity to work across party lines to share best practices. From my perspective, I can think of no more important effort in public policy today because of the unique role played by the states under our Constitution. In our system of government, both the federal and state governments have important roles to play.

In Federalist 45, James Madison wrote: “The powers delegated by the proposed Constitution to the federal government, are few and defined.

Those which are to remain in the State governments are numerous and indefinite.” Unfortunately, over time we have strayed from that principle.

Just look at the balance between federal and state budgets. In recent years, the federal budget has been roughly three times as large as all of the state budgets combined.

ISSUE 5 | CAPITOL IDEAS

We need to get back to upholding the 10th amendment to the U.S. Constitution that states: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

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I know from first-hand experience that the people benefit the most when states are treated as equal partners with the federal government, rather than as junior partners. Furthermore, states are better attuned to the issues that face people who live within their respective boundaries and are better equipped than the federal government to tailor policies to meet their needs.

For example, Utah has a younger population than our neighbor to the south, Arizona. Consequently, our needs are very different. What works in Arizona won’t necessarily work in Utah—and vice-versa. That’s why every state, not distant bureaucrats in Washington, D.C., should be given the autonomy to develop state solutions to state problems.

federalism

Of course there are issues that must be addressed at the national level—issues such as defense, trade and environmental concerns, among others. But I’m convinced that the majority of the most challenging issues this nation will face in the 21st century are better addressed in the states.” » Gary Herbert, Governor of Utah, CSG 2018 National President

Let me give you a few examples of the type of state solutions I’m talking about.

Oregon has worked to transform their state Medicaid program by establishing Coordinated Care Organizations, which are networks of health care providers working together in their local communities to serve people who receive health care coverage under the Oregon Health Plan.

These organizations are focused on prevention and management of chronic conditions to reduce unnecessary emergency room visits and to support people in their efforts to be healthy.

Today, there are more than a dozen CCOs operating throughout Oregon, with the goal of better health and better care at lower costs. They are governed by a partnership among health care providers, community members, and stakeholders in the health systems that have financial responsibility and risk.

This allows an evaluation of the benefits of the state’s incentives—both on a project-by-project basis and also in the aggregate. Based on a dozen

Here in Utah, I am particularly proud of the passage of our Antidiscrimination and Religious Freedom Amendments in 2015. That bill illustrates what can happen when parties with what appear to be opposing interests come together to find respect and protection by recognizing the interests, needs and rights of others.

The aim of this bill was straightforward—balance protection for religious freedom with anti-discrimination protections for LGBT individuals in their employment and housing. But straightforward does not mean simple or easy, especially dealing with weighty social questions fraught with emotion. But despite the challenges, state legislators and all the parties involved were able to work through what, at times, seemed like impossible issues and compromises.

I will never forget signing that bill in the Capitol rotunda, surrounded by the people of Utah, advocates for and members of Utah’s LGBT community, religious leaders from many of Utah’s different faiths, legislators and legal scholars.

We had found a Utah solution to provide fairness for all and simultaneously resolve difficult issues that, when approached separately, have created conflict and polarization across the country.

Making people’s lives better is not a partisan issue. At a time when it’s difficult to turn on the TV without seeing red versus blue, left versus right, I can attest that states on both sides of the aisle are developing innovative answers to some of today’s most pressing problems.

That’s the point of federalism. Rather than the federal government always dictating to the states, we are instead given the flexibility to pursue initiatives on our own.

The successes I have highlighted are a microcosm of exciting developments taking place across all states and all across the nation.

Such successes serve to highlight what is possible when the rights of states to self-­ determination and their roles as laboratories of democracy and policy innovators are respected.

Of course there are issues that must be addressed at the national level—issues such as defense, trade and environmental concerns, among others. But I’m convinced that the majority of the most challenging issues this nation will face in the 21st century are better addressed in the states.

It’s time we put the states back in the driver’s seat as the nation’s policy leaders and innovators.

ISSUE 5 | CAPITOL IDEAS

Virginia has improved its tracking and reporting of statewide business incentives. Once a business project has been in place for a period of time, the state conducts an analysis to assess whether a company has met the expectations recorded in its performance agreement in terms of new jobs or new state revenue.

years of data on more than 300 projects, Virginia currently calculates a benefit-to-cost ratio on the state’s business incentives at $9.20 to $1.

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Welcome Party

ISSUE 5 | CAPITOL IDEAS

by Lisa McKinney

12

Although Democrats and Republicans dominate every branch and level of government in the United States, the majority of Americans may not stand squarely on the left or right or fit neatly into the two-party system. A report published in October by More In Common, Hidden Tribes: A Study of America’s Polarized Landscape, found that 25 percent of Americans are traditional or devoted conservatives while about 8 percent of Americans are progressive activists. The study found that both groups’ views are outside of the mainstream.

The report, based on a nationally representative poll with 8,000 respondents, 30 one-hour interviews, and six focus groups conducted from December 2017 to September 2018, calls the other two-thirds of Americans the “exhausted majority,” who “share a sense of

fatigue with our polarized national conversation, a willingness to be flexible in their political viewpoints, and a lack of voice in the national conversation.”

culture and Utah has one where there is a one-party system that has existed for the past 40 years or so as Democrats have become less and less competitive,” Davis said.

The perception that the reigning political parties are becoming increasingly polarized—more polarized than the general public—may be contributing to the desire for new political tribes.

Davis said the strong influence of The Church of Jesus Christ of Latter-day Saints in Utah creates a unique mix of policy preferences that does not match perfectly with the right or left side of the political spectrum. The church’s conservative positions on abortion and same-sex marriage are becoming increasingly difficult for Democrats to overcome, while the church’s liberal stance on immigration doesn’t fit in well in the Republican Party.

That’s what happened in Utah when a group of residents led by Brigham Young University political science professor Richard Davis built a new political party that they felt better reflected the sentiments of Utahans.

The United Utah Party, which the founders describe as politically moderate, was founded in 2017.

“Each state has its unique kind of political

“Utah is a well-educated population, so that tends to be more liberal, and in fact for a political analyst just looking at the demographics

welcome to the party of the state, Utah should be quite liberal and quite a home for Democrats,” Davis said. “And yet it isn’t, largely from the influence of religion, which helps create an odd mix of liberal on some issues and conservative on others. …

There seemed to me to be a huge gap in the middle, particularly among Utahans.”

The founding members of the party decided to keep their platform short. They listed their ideals on one page.

“The positions are really more like principle positions rather than specific issue positions for the most part,” Davis said. “We are allowing our candidates within these parameters to make their own choices. We wanted a party with broad appeal that would not bind people the way other political parties have done in the last 40-50 years.”

The legal process for certifying a party in Utah requires 2,000 registered voters to sign a petition, which United Utah submitted to the state in May 2017. The party ran their first candidate, Jim Bennett, in the 3rd Congressional district special election soon after. In a special election held on Nov. 7, Bennett received 9 percent of the popular vote. The party ran 18 candidates in 2018.

Utah United is far from the only party to challenge the two-party system. As of May 2018, there were 32 distinct ballot-qualified political parties and 230 state-level parties in the nation.

The most successful state-level third party in the U.S. is the Vermont Progressive Party, holding the third most seats in state and national offices in the country—after Republicans and Democrats. Progressives have held seats in

the Vermont Legislature since 1991 when they were still a party coalition. They became a statewide party in 2000.

Vermont state Sen. Christopher Pearson, a Progressive Party member, said being part of a third-party allows him to influence the values of the major parties from the outside.

“I was first elected as only a progressive,” Pearson said. “It was later that the Democrats started supporting me. I think you need both to successfully pull the public policy in the direction of progressive values—you need

and the Democratic leadership would say ‘I wish you wouldn’t do that,’ and I would say, ‘well I’m going to do that’ and every couple years more and more Democrats would join us in that effort. Because I was independent, there wasn’t much of a hold on me and my progressive colleagues to placate leadership.

We didn’t mind challenging them. That allows you to gradually make change.”

One of the challenges third-party candidates face is maintaining visibility, particularly in presidential election years.

“The independence is the most important in the Legislature. … Because I was independent, there wasn’t much of a hold on me and my progressive colleagues to placate leadership. We didn’t mind challenging them. That allows you to gradually make change.” » Vermont state Sen. Christopher Pearson people outside of the Democratic Party and inside. Our ability to act as an independent party has put a lot of pressure on the Democratic party to move in our direction.”

Pearson said being in a nonmajor party also offers him a measure of freedom within the Legislature.

“There are many times when I would offer an amendment, let’s say to not cut food stamps but instead to tax the wealthiest Vermonters a little bit more. I would offer that amendment

“Generally left-of-center Democrats usually see a little boost if they live in a blue state in a presidential year, progressive party candidates have to struggle to make sure our party identity doesn’t get subsumed when people vote a straight party ticket in a presidential year,” Pearson said. “Basically the Democratic and Republican parties are well understood entities throughout the country and anybody who is running outside of those parties has a lot of ground to make up to get a basic voter familiarity with what our parties are about.”

Political Party vs. Party Committee PARTY COMMITTEE

STATE PARTY COMMITTEE

An association, committee or organization that nominates or selects a candidate for election to office whose name appears on the election ballot as the candidate of the organization.

A political committee that represents a political party and is part of the official party structure at the national, state or local level.

A committee which, by virtue of the bylaws of a political party or the operation of state law is part of the official party structure and is responsible for the day-to-day operation of the party at the state level, including an entity that is directly or indirectly established, financed, maintained or controlled by that organization, as determined by the Federal Election Commission.

Source: Federal Election Commission

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POLITICAL PARTY

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american democracy

Total state affiliates for each political party, May 2018 Political party

51

Democratic Party

51

Libertarian Party

39

Green Party

27

Constitution Party

15

Various parties calling themselves Independent or Independence parties

12

Working Families Party

4

Reform Party

3

Progressive Party

2

Natural Law Party

2

Labor Party

2

American Delta Party

2

Working Class Party

1

Women's Equality Party

1

Veterans Party

1

Unity Party

1

United Utah Party

1

United Citizens Party

1

Socialism and Liberation Party

1

Prohibition Party

1

Peace and Freedom Party

1

Mountain Party

1

Moderate Party

1

Liberty Union Party

1

Legal Marijuana Party

1

Justice Party

1

Grassroots-Legalize Cannabis Party

1

Ecology Party

1

Conservative Party

1

Better for America Party

1

American Party

1

American Freedom Party TOTAL

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Source: Ballotpedia

14

Number of states

Republican Party

1 230

welcome to the party

Forming a New Political PartY There are both legal benefits and limitations conferred on political parties and party committees at the local, state and national levels, and organizations must meet specific criteria to be classified as a political party. The regula-

The process for qualifying as a political party and getting a candidate on a ballot varies by state, but they usually require a new or nonmajor party to show they have constituent support by filing a petition for party recogni-

tions surrounding political parties include limits on how the organization can accept or direct funds and how they can support certain tax-exempt organizations.

tion signed by a certain number of voters. In some states the party’s candidate must then receive a certain number of votes in the election to maintain its political party designation.

In order to form a local branch of an existing political party, the branch is required to register their party organization with the FEC when they raise or spend money above a designated amount to be spent on a federal election. The local party committee is then affiliated with the other federal party committees in its state and therefore share limits on contributions made and received.

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The most successful state-level third party in the U.S. is the Vermont Progressive Party, holding the third most seats in state and national offices in the country.

New political parties are required to register with the Federal Election Commission when they raise or spend above a designated amount of money on a federal election. However, if a party only participates in state or local elections, it doesn't need to register with the FEC.

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american democracy

Ki

rb

y

Voting in U.S. Elections From All Over the World si

c

a ISSUE 5 | CAPITOL IDEAS

by

16

Fair elections are a pillar of our democracy because they provide each citizen with the opportunity to have a voice in how we run our country, states and local communities. Election officials work tirelessly year-round to ensure that voters are ready to cast their ballots on Election Day. Not every U.S. citizen, however, can attend a local voter registration drive or swing by their polling location to cast their ballot in person. U.S. military and overseas voters may face addi-

s Je

tional hurdles while registering and casting a ballot because of their location and lack of access to technology or a local postal service. With 5.5 million overseas citizens—3 million of which are eligible voters over the age of 18—these are just a few of the challenges that election officials must consider when making sure military and overseas voters are provided opportunities to participate in U.S. elections.

ovi 2.0

Absentee voting in the U.S. is not a new concept—it is more than 150 years old. During the presidential election of 1864, in the midst of the Civil War, state officials knew the importance of ensuring U.S. military personnel were able to cast their ballots in the presidential election.

Their solution was the introduction of absentee voting and in-person early voting.

More recently, legislation has been passed to ensure that election officials stay vigilant in improving the voting process—and access to it—for military and overseas voters. In 1986, the Uniformed and Overseas Citizens Absentee Voting Act, or UOCAVA, was adopted covering all U.S. citizens who are active members of the uniformed services and their eligible family members, members of the Merchant Marine and their eligible family members, and U.S. citizens residing outside of the United States.

As UOCAVA voting and technology continues to improve, election officials face new challenges and opportunities in serving these voters. This is why the Overseas Voting Initiative, or OVI, was born after The Council of State Governments and the Department of Defense’s Federal Voting Assistance Program, or FVAP, entered into a four-year, $3.2 million cooperative agreement in 2013. Recently, the two organizations joined hands again in a five-year, $3.9 million agreement to continue this collaborative work with state and local election officials in developing best practices for improving the military and overseas voting process.

“We are honored that the Federal Voting Assistance Program has chosen to continue to be our partner in the Overseas Voting Initiative,” OVI Program Manager Taylor Lansdale said. “It is a privilege to work with the states to ensure that their overseas and military voters have the greatest possible access to their ballots. We will strive to be a valuable resource to states as they face challenges in this realm, and we will work tirelessly to facilitate innovative solutions.

The importance of this work demands the best efforts of all involved parties.”

•

Improving communications between UOCAVA voters and their election offices

•

Simplifying voter registration for UOCAVA citizens

•

Discussing the use of Department of Defense digital signature for certain UOCAVA voters

•

Examining ballot duplication challenges and stressing the need for transparency and new technology

•

Identifying a data standard for reporting Election Administration and Voting Survey, or EAVS, Section B data to the EAC

•

Streamlining EAVS Section B to make it less burdensome on election officials

The current iteration of the OVI has formed a working group comprised of election officials in jurisdictions that are responsible for about half of all U.S. blank absentee ballots transmitted to military and overseas voters.

"My team and I are very proud of the work we accomplished together with CSG and the working groups of state and local election officials in the first installment of this initiative,” FVAP Director David Beirne said. "We are confident moving forward together in researching and implementing further improvements to the voting process for military and overseas voters and the election officials who serve them."

With the leadership of CSG and FVAP, as well as newly appointed Overseas Voting Initiative national co-chairs—Vermont Secretary of State Jim Condos and Washington Secretary of State Kim Wyman—the OVI will continue exploring new research efforts and best practices, initially focused in the areas of UOCAVA data standardization and technology sustainability.

“I’m proud to be a part of this opportunity to come together with colleagues to develop best practices and improve the absentee voting process for our military and overseas constituents,” said Condos. “I previously served as a member of the Overseas Voting Initiative’s Policy Working Group, and am honored to serve again, this time alongside Secretary Kim Wyman as national co-chair of the Overseas Voting Initiative, as we embark on this next phase of our important work.”

The OVI kicked off its new program with a recent working group meeting in New Orleans to discuss and determine research priorities based on previous OVI recommendations and the current needs of UOCAVA voters and election officials.

“As we prepared in August for this fall’s closely watched midterm election, our highly productive Overseas Voting Initiative kickoff meeting showed how important this initiative is to Secretary Condos and myself as national co-chairs, as well as to the state and local elections officials in our working group,” Wyman said. “We came together from across America, rolled up our sleeves, and set milestone research goals. Our important CSG and FVAP projects will lead us to greater improvements in the UOCAVA process for voters and elections officials alike.”

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In working to improve the UOCAVA voter experience, particularly focusing on increasing the return rate of overseas absentee ballots, CSG initially formed policy and technology working groups comprised of state and local election officials to study policy and technology subject areas and offer best practice recommendations in these areas.

During the 2013-2017 work of the Overseas Voting Initiative, CSG, FVAP and working group members made policy and technology recommendations in the following areas:

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G E T • T O • K N O W

Gary Herbert ISSUE 5 | CAPITOL IDEAS

U TA H G O V E R N O R & C S G 2 0 1 8 N AT I O N A L P R E S I D E N T

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Photo courtesy of the Office of Gov. Gary Herbert

q&a Why did you decide to run for office?

“Like most people, I got involved because I thought there was something I could do to make a difference. I had my own business involved in real estate and did not like the direction the country, the state and my local community were going. I felt strongly about what I thought was bad policy impacting business and private property rights, which I believe are the basis for freedom and liberty. I can do better, I thought. With the support of a number of people—most importantly, my family— I threw my hat in the ring.”

INTERESTING FACTS

1

What’s something you keep in your office and why?

“Pictures of my wife and family. They remind me to make good decisions based on correct priorities. They also remind me that I am really doing what I do for not only my own family but for all the families that I represent.”

States are the laboratories of democracy. How is Utah working to ensure states are leading the way forward on national policies?

“It’s not a matter of the states shaping federal policy. It’s more about federal policy reflecting state policies. As the laboratories of democracy function in the 50 states, we learn from each other, we learn from our successes and our failures. Consequently, we avoid the trap of federal policy, which tends to be one-size-fits-all. Our states recognize the uniqueness of regions, and although the policies may be similar, they’re usually not the same.

If the 50 states have good policy for the 50 states, then we have good policy for the nation.”

2

What restaurant would someone have to eat at if they visited your state?

“It’s a bit of a drive, but I love Maddox, a family-run ranch house in Brigham City. It’s been around since 1949. I go there whenever I can. Order the roast beef, and make sure to get some of their famous rolls.”

What important issues has Utah worked to solve in 2018?

“Our number one priority is addressing the incredible growth our state has seen in recent years. This means expanding and diversifying our economy, which is one of the healthiest in the country. We’re improving education outcomes in both K–12 and postsecondary education. We’re also aiming to maintain and improve access to the highest-quality, lowest-cost health care in America and making sure our infrastructure keeps up with our state’s growth.”

3

What do you see when you look out your office window in the capitol building?

“Temple square and the downtown area of Salt Lake are just out my window. Whenever I look outside, I am reminded of Utah and the significant progress we have made since 1847 when the early pioneers came to our valley. It inspires me to prepare the way for those who come after me — just as those early settlers did.”

How is Utah working to bolster its economy?

“Utah maintains a business-friendly environment, where businesses can be created and expanded and where entrepreneurs can increase their bottom line, profitability and market share. We do this with low and competitive tax rates, regulation reform, and a philosophy driven by a desire to see the private sector succeed in a free market environment. We are also focused on ensuring our workforce has the skill set and education levels that align with the demands of the marketplace.”

“Utah is excelling in virtually every measurable way and we have an unparalleled quality of life. But as we continually emphasize, this is the United States of America. We’re not just out to succeed on our own. We stand ready to help champion other states, and we want to partner with them, so we can succeed together.”

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What is something you would like others to know about Utah?

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american democracy

The bulk of recidivism occurs within the first year that people are released from prison. Providing effective supervision and programming resources early on is essential to reducing the likelihood of reoffending.

State leaders need to maximize the impact of their limited public safety dollars.

Examining both prison and supervision expenditures can help policymakers better understand how resources are allocated, identify gaps in funding, and develop opportunities to reinvest cost-effectively to strengthen public safety.

Five-Year Rearrest Rates for People Released from Prison in 30 States, 2005

State Spending on Corrections, 20155

$42.8 billion

43%

spent on state prisons

U.S. Criminal Justice Populations by Correctional or Supervision Status, 2015

4.5 million

people on probation and parole

29%

21%

$5 billion

16% ISSUE 5 | CAPITOL IDEAS

13%

20

Year 1

Year 2

Year 3

Year 4

Year 5

Source: Bureau of Justice Statistics, Recidivism of Prisoners Released in 30 States in 2005: Patterns from 2005 to 2010, 2014.

spent on state probation and parole

1.5 million people in state prison

 Probation and parole funding includes latest fiscal year available, which may vary by state. In six states, probation is funded at the county level. In five states, there is limited or no parole.

5

Source: CSG Justice Center, structured interviews, Aug. 2017; Vera Institute of Justice, The Price of Prisons; Bureau of Justice Statistics, Correctional Populations.

50-state report on public safety Most states have focused on reducing recidivism among people who are released from prison each year. Yet there are three times as many people starting probation as there are people leaving prison. To have the greatest impact on recidivism, states need to ensure that their efforts are also targeted to people on probation supervision.

Supervision alone is insufficient to reduce recidivism for people who are at a high risk of reoffending. It must be paired with tailored treatment and programming as well as pathways to employment and stable housing.

Reported Use of Behavioral Health Screening for People on Probation, 2017

Potential Recidivism Events for People Released from Prison and Starting Probation in the U.S., 2015

400,000

Potential recidivism events for people starting probation in 2015

232,000

Potential recidivism events for people released from prison in 2015

People starting probation, 2015, N=1,957,400

20%

People released from prison, 2015, N=580,871

7 states

recidivism rate for people starting probation

40%

recidivism rate for people released from prison

11 states

have probation agencies that report behavioral health screening is performed intermittently or not at all

have probation agencies that report that behavioral health screening varies by county or local jurisdiction

16 states

16 states

have probation agencies that report using the behavioral health portions of criminogenic risk and needs assessments to screen everyone on probation

have probation agencies that report that specialized behavioral health screens are conducted for everyone on probation

Source: The Council of State Governments Justice Center 50-State structured interviews, August 2017.

Source: Bureau of Justice Statistics, Correctional Populations in the U.S. 2015.

States cannot know the impact of their efforts if they do not effectively measure recidivism. Unfortunately, many states don’t track or publish key recidivism metrics needed to measure progress. While nearly all states track and publish recidivism for people leaving prison, 32 states use a narrow definition that only includes reincarceration, not rearrests and reconvictions. Only 11 states collect and publish any measure of recidivism for the millions of people starting probation supervision each year. Graphs Source: CSG Justice Center 50-State structured interviews, August 2017.

States Tracking and Publishing Recidivism, 2017

Want to learn more about how your state can understand and positively impact recidivism trends?

Percent of states that track and publish recidivism data for people released from prison by:

Percent of states that track and publish recidivism data for people starting probation by:

Reincarceration

Incarceration

96%

Reconviction

30%

Rearrest

25%

14%

Reconviction

10%

Rearrest

12%

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Check out the 50-STATE REPORT ON PUBLIC SAFETY at https://50states publicsafety.us/.

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ISSUE 5 | CAPITOL IDEAS

25 Years of the CLAIR Fellowship

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The Japan Local Government Center—also known as CLAIR, New York— is part of the Council of Local Authorities for International Relations, or CLAIR, in Tokyo. The CLAIR Fellowship, started in 1993, is an initiative of CLAIR, New York.

the Ministry of Internal Affairs and Communications and the Foreign Ministry, and Tokyo Metropolitan Government. Of course, they are hosted by CLAIR Headquarters. The city has so much to offer that the participants get an opportunity to savor some of Tokyo’s history.

According to Seth B. Benjamin, senior researcher for CLAIR, New York, the annual program takes representatives of state and local governments in the United States and local governments in Canada to Japan to work on government issues. Each year, the CLAIR, New York, office invites state and local government organizations to submit candidates for inclusion in the program.

“The second part is hosted by a prefecture or local government. In this part, the prefecture or local government will introduce them to a specific theme. It could be tourism, industry, culture, redevelopment, rebuilding (as after the Great East Japan Earthquake of 2011) and so on. The participants spend the better part of a week in the prefecture or local government. In essence, they experience government administration first-hand. The highlight is usually a homestay with a Japanese family, where they get the opportunity to experience the culture of Japan, as well as life in a Japanese family.”

“The program in Japan is usually divided into two parts,” Benjamin said.

“The first part is centered on Tokyo and exposes the participants to both the national government of Japan, where they will meet officials from

clair fellowship Mike McCabe

CSG Midwest Director What year were you a fellow?

1995 Where you traveled My trip began and ended with separate stays in Tokyo. In between those stops, I visited the city of Yokohama and spent the rest of my time in Shizuoka Prefecture (the home of Mt. Fuji), where I visited the prefecture capital of Shizuoka and the city of Hamamatsu, among other places.

“The CLAIR Fellowship program provides participants with an invaluable opportunity to learn about local government in Japan, but it was my exposure to Japanese culture, to the nation’s rich history and to the warm hospitality of the Japanese people that I remember most from my time as a CLAIR Fellow. No American who participates in the program can help but return home with a deeper appreciation of the important relationship between the U.S. and Japan. It was an incredible experience.”

“No American who participates in the program can help but return home with a deeper appreciation of the important relationship between the U.S. and Japan.”

Jill Springate

Martha Castaneda

Director of the CSG Center of Innovation

What year were you a fellow?

2016

What year were you a fellow?

2017

Where you traveled The program started in Tokyo with a seminar to learn about Japan’s system of local government and to visit of government facilities, it also ended there for our departures back home. In between the regional study tour took place in Shizuoka City. It is one of twenty current “designated cities”, they are characterized so by having a population larger than 500,000 and designated by order of the Cabinet of Japan. The designated cities are delegated many of the functions typically performed by the prefectural governments so they’re unique.

Where you traveled Rikuzentakata, Iwate prefecture, Japan

“The theme of the program was how local government can promote healthy living for all ages in Shizuoka, Japan. Their ‘healthy cities’ concept, which encourages life-long healthy living by developing and maintaining good nutritional habits and promotes ‘place-making’ with inclusive urban designs for healthy longevity, which meets the needs of young families and seniors alike, is something many American cities strive for. Preparing for the ‘silver tsunami’ here in the U.S. requires us to look to models in other countries around the world to create a system that will respond to our needs and this experience certainly did offered participants that.”

Jason Moseley

CSG Deputy Executive Director/ General Counsel

CSG Chief of Staff

What year were you a fellow?

2018 Where you traveled Tokyo and Okayama

What year were you a fellow?

2013 Where you traveled Tokyo and Tokushima Prefecture “During our trip we learned about the national, prefecture, and local structure of Japanese government and met with officials at all levels.

The areas of emphasis during our trip were tourism and economic development. This included touring agricultural, small business, historical, and artistic venues and discussing how best to reach local residents as well as international visitors.”

“The CLAIR program was a wonderful experience for me professionally. My fellowship year was focused on the Iwate prefecture and in the town of Rikuzentakata, which had experienced a massive tsunami and had completely rebuilt the town. I was so impressed with the focus on accessibility in the rebuild and how the city planners made sure that the city was designed to meet the needs of everyone, including people with disabilities.

I am still in contact with the family from my homestay and they recently sent me pictures of their kids at a local festival. It was an honor to participate and learn from the officials at the local and prefecture level of Japan’s government.”

Edgar Ruiz

CSG West Director What year were you a fellow?

2003 Where you traveled We traveled to the cities of Tokyo, Nagoya, Inuyama and Nagakute. Among other places, we visited the NTT DoCoMo Company, MeijiMura Museum, Inuyama Castle, Central Japan International Airport (CENTRAIR), Aichi World Expo, Ryokan Inn, and met with government officials of the Aichi Prefecture, as well as from the aforementioned cities.

“International exchange programs such as the CLAIR Fellowship Program are important to promote and foster cross-cultural exchanges and deepen our understanding of one another. The program was truly an enlightening experience for me, exposing me to Japanese hospitality, culture, traditions, ingenuity, industry and government institutions. Congratulations to the Japan Local Government Center, CLAIR New York. I am forever grateful for the opportunity you bestowed upon me. Domo Arigato.”

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“I’m proud to represent CSG in Japan as part of the CLAIR Fellowship program. Our history with the Japan Local Government Center brings yet another level of interstate and international collaboration with leaders. The experience was eye-opening and will make me a stronger leader at CSG.”

Elizabeth Whitehouse

Director of Policy and International Programs, CSG West

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american democracy

by Shawntaye Hopkins Recently recognized for her commitment to bipartisan collaboration, Connecticut state Rep. Caroline Simmons believes working across the aisle is essential to restoring Americans’ trust in government and making a difference as a public servant.

As a millennial, however, she also values age diversity in state legislatures.

“Young legislators bring new energy and fresh ideas as well as a unique perspective of the issues facing young people in our generation,” Simmons said. “Older legislators certainly bring many strengths as well, including more life experiences and seasoned knowledge about how the legislature works, and it is important to have a mix of both.”

In September, Simmons and Ohio state Sen. Frank LaRose received the Millennial Action Project’s inaugural Rising Star Award for their leadership in enacting bipartisan legislation and their commitment to bipartisan collaboration. A national, nonpartisan group formed about five years ago, the Millennial Action Project supports young policymakers at the state and national levels.

ISSUE 5 | CAPITOL IDEAS

Throughout history, each generation has had a problem to solve, whether it was reconstructing the nation after the Civil War or putting a man on the moon, LaRose said. And each generation has risen to the challenge.

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“We won’t know until the history books are written, but I feel like for those of us in our 20s and 30s, what our generational struggle is going to be is making civics work again, making governing work again, getting beyond this tribalism that exists in politics … and just making self-government function right again,” LaRose said.

the next generation of leaders

The Millennial Action Project launched in fall 2013 as opinion polls ranked partisanship as a top threat to democracy, a government shutdown loomed and the approval ratings of members of Congress and state governments dropped, said Steven Olikara, founder and president of the Millennial Action Project. The goal was to look forward to the next generation of leaders.

“The fact that we’ve got this group of 20 and 30 somethings that is interested in finding common solutions and ways to govern is really inspiring to me, and it gives us an opportunity to come together,” LaRose said.

The Millennial Action Project provides resources and regularly convenes its members while help-

Young legislators bring new energy and fresh ideas as well as a unique perspective of the issues facing young people in our generation.

Older legislators certainly bring many strengths as well, including more life experiences and seasoned knowledge about how the to have a mix of both.” » Connecticut state Rep. Caroline Simmons

The Millennial Action Project started with the Congressional Future Caucus, the nation’s first caucus for young members of Congress, then it moved into states. Now, 26 states have formed state future caucuses of millennial legislators under age 40 or 45.

“The state level is where most of the millennials are taking their first steps into public office, and that becomes the beginning of our leadership pipeline,” Olikara said.

In addition, there was a tremendous amount of opportunity at the state level because of the activity in state government with numerous bills being proposed and signed into law everyday.

LaRose serves as a co-chair of the bipartisan Ohio Future Caucus for legislators under age 45. He said it’s important to focus on commonalities rather than differences.

“I think we’ve proven that this model works,” Oli­ kara said. “We’ve proven that there is an intense hunger on the ground for new leadership.”

ing them to identify bipartisan opportunities and promoting their members’ policy work. Millennials involved in state caucuses have introduced legislation that appeals to young people as well as the general population, including legislation related to ridesharing, entrepreneurship and redistricting reform, Olikara said.

Layla Zaidane, the Millennial Action Project’s chief operating officer, said she believes in the power of the millennial generation to make a difference.

“What we’ve seen out of Washington in recent years has discouraged, I think, young people from wanting to run for office, and that’s a bad thing,” LaRose said. “We need to hold up public service as an honorable calling, and I think groups like MAP (Millennial Action Project) can help do that.”

Simmons said she went into public service to solve problems in her community, and she praised the Millennial Action Project for bringing together a bipartisan group of leaders who want to fix the political system.

“When only 18 percent of Americans trust our government to do the right thing, we must come together to fix this system,” Simmons said. “We must seek compromise and put country above politics.”

What we’ve seen out of Washington in recent years has discouraged, I think, young people from wanting to run for office, and that’s a bad thing.

We need to hold up public service as an honorable calling, and I think groups

ISSUE 5 | CAPITOL IDEAS

“We want to not only build out this network and infrastructure of lawmakers who are rising stars and, increasingly, influencers in government, but really to shift the national narrative around public service because today the majority of millennials don’t believe that you can achieve change through politics,” Olikara said.

Olikara called political tribalism the greatest threat to democracy right now, and he said there “could not be a more important moment for our work.”

While the Millennial Action Project “packed a lot of work into five years,” it now plans to look forward and continue thinking about how to grow the organization and become a better resource for its members.

LaRose, a military veteran, said he wants to recruit other veterans and more women to run for office in addition to more young people.

legislature works, and it is important

Olikara said the Millennial Action Project aimed to address how the millennial generation would do things differently and transcend the partisan divide to build a better governing system.

“The Millennial Action Project is helping policymakers talk to each other, instead of past one another, and is fostering constructive dialogue around the biggest problems in our country,” Zaidane said. “Not only are we working to transcend political tribalism, we’re also creating a leadership pipeline of legislators who have the skills to work collaboratively and the network to create real change.”

like MAP (Millennial Action Project) can help do that.” » Ohio state Sen. Frank LaRose

continued on next page »

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Q & A W I T H W I S C O N S I N S T A T E R E P. - E L E C T

Kalan Haywood II « article continued from previous page

AT AGE 19, HAYWOOD WILL BE THE YOUNGEST LEGISLATOR IN WISCONSIN AND POSSIBLY THE COUNTRY. 1

How do you think your age will be an asset in the state Legislature?

“According to the National Conference of State Legislatures, the average age of a state lawmaker in America is 56. When it comes to conversations around the issues we face such as education, health care and mass incarceration, there is an age gap in who has a seat at the table.

FOR THE SAKE OF OUR COUNTRY, WE MUST COMBINE THE ENERGY OF YOUNG PEOPLE WITH THE WISDOM OF OUR ELDERS. THAT WILL BE A MAJOR KEY TO FIXING MANY OF THE

ISSUE 5 | CAPITOL IDEAS

ISSUES AT HAND.”

26

There are daily conversations about young people, yet rarely are they at the table. If a loved one were to tell you they weren’t feeling well, you wouldn’t go to the doctor without them.

The doctor wouldn’t be able to provide a proper treatment plan. For too long we have been trying to implement a ‘treatment plan’ without the patient in the room. My age brings a patient in the room, where we can now make an appropriate plan.”

2

What inspired you to run for state office?

“I knew I wanted to run for public office since August 2006, when I was only 7 years old. I saw our mayor speak and immediately knew I wanted to do whatever he does. Over the years, I researched more about government, served as president of the City of Milwaukee Youth Council—where we allocate 10 percent of the city’s reprogramming grant dollars— served as an intern at both the state and mu­ nicipal levels, and am currently working with different nonprofits.

I saw the need for change. I saw that there was a demographic missing from the conversation: young people. I then knew I wanted to go on to represent the sensational 16th Assembly District and be an advocate for my peers and bridging the socioeconomic and generational gaps. I want to be an agent of change and change the narrative of Milwaukee—not only around the state but for the country.”

Did you receive any surprising reactions from family or friends regarding your run for state representative?

3

“I don’t believe many that knew me were surprised by me running. However, the timing may have surprised many. Being a 19-year-old black male running for a state level seat isn’t something that would fall under the status quo for Wisconsin or even this country. Many loved the idea of me running young, while others were uneasy because they often thought of themselves at the age of 19. However, now that it has been done, now that history has been made, I believe most people are on board. I move forward with hopes that when the next 19-year-old black male or female decides to run the door is now already open, and they will have all the support needed.”

4

What policies are you most looking forward to exploring in office?

“On my legislative agenda I am pursuing a great host of things. I want to work on ensuring the safety of voter rights, access to health care, improving our education systems, creating more family sustaining jobs, and increasing safety for all walks of life. I will be representing some of Milwaukee’s wealthiest and poorest, but I believe these are issues that we all share regardless of socioeconomic background. It is also vital that I help bridge the generational divide. For the sake of our country, we must combine the energy of young people with the wisdom of our elders.

That will be a major key to fixing many of the issues at hand.”

What are you studying in college?

How do you think your career as a legislator will inform your education, or vice versa?

5

“I am currently a business major at Cardinal Stritch University. Many will assume that a politician will go to school or has gone to school for political science. However, politics and business are very closely related. There are certain skills that studying business will grant you purview to. That skill set plus being able to master the economics of it all is important. I want to become a great asset for our state and country when it comes to solving issues.”

the next generation of leaders

CO M PA R E T H E M I N I M U M AG E O F 1 8 IN REP.-ELECT HAYWOOD’S STATE WITH THE MINIMUM AGES IN OTHER STATES

HOUSE/ASSEMBLY A LABAMA A LAS KA A R IZONA A R KA NSAS CA LIF OR NIA COLOR ADO CONNE CTICUT D E LAWA R E F LOR IDA

SENATE

Minimum Age Qualification FOR

G E OR G IA H AWAII

I NDIANA I O WA KANS A S K E NT U CKY LOU IS I ANA

M AS S ACHUSE TTS M IC H IG AN M INNE SOTA M IS S IS S IPPI M IS S O UR I M O NTANA N E B R ASKA* N E VADA N E W H AMPSHIR E N E W J ER SE Y N E W ME XICO N E W YOR K N ORT H CAR O LINA N ORT H DAKOTA OH IO OK L AH O MA OR E G O N P E N N SYLVANIA R H ODE ISLAND S O U T H CAR O LINA S O U T H DAKOTA T E NNE SSE E U TAH V E R MO NT V IR G INIA

W I S CONSIN W YOMING D IST. O F CO LUMBIA*

D E L AWARE F LO RI DA

I DAH O

ELECTION TO STATE LEGISLATURES

ILLINOIS I N D I AN A I O WA KAN S AS K E N T U CKY LO U I S I AN A M AI N E

AGE 30 AGE 27 AGE 26 AGE 25 AGE 24 AGE 21 AGE 18

52

40

PERCENT

PERCENT

STATES REQUIRING

STATES REQUIRING

AGE 21

AGE 25

FOR HOUSE/ ASSEMBLY

FOR SENATE

WA S H I NGTO N W E ST VIR GINIA

CO LO RAD O CO N N E CT I CU T

M ARY L AN D M AS S ACH U S E T T S M I CH I G AN M I N N E S OTA MISSISSIPPI M I S S O U RI M O N TAN A N E B RAS KA N E VADA N E W H AM P S H I RE N E W J E RS E Y N E W M E X I CO N E W YO RK N O RT H CARO L I N A N O RT H DAKOTA OHIO O K L AH O M A O RE G O N P E N N SY LVAN I A RH O D E I S L AN D S O U T H CARO L I N A S O U T H DAKOTA TENNESSEE T E X AS U TAH VE RM O N T VI RG I N I A WAS H I N GTO N

* Nebraska and the District of Columbia have unicameral legislatures.

Members in Nebraska are called Senators; in D.C., Councilmembers.

Source: The Book of the States 2018, The Council of State Governments.

W E ST VI RG I N I A W I S CO N S I N W YO M I N G D I ST. O F CO LU M B I A

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T E X AS

ARKAN S AS CAL I F O RN I A

H AWAI I

M AINE M ARY LAND

AL AS KA ARI ZO N A

G E O RG I A

I DA H O I LLINO IS

AL AB AM A

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american democracy

ISSUE 5 | CAPITOL IDEAS

On the Money

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by Courtney Daniel

CSG surveys states every year about salaries of selected administrative officials, from governors to information technology directors to waste management administrators. The 2018 data on top official salaries in each category is reported by states as of Jan. 1, 2018. Check out this snapshot of how different states allocate funds to best meet the needs of their constituents.

annual government salaries

Governor Top 3 California...................$195,806 Pennsylvania .............$194,850

Lieutenant Governor Top 3

New York....................$179,000

Pennsylvania ............. $163,672

Bottom 3

Hawaii......................... $151,776

Maine..........................$70,000 Colorado..................... $90,000 Arizona.......................$95,000

Colorado..................... $153,768

Bottom 3 Virginia........................ $36,321 Arkansas......................$42,315 Idaho........................... $42,909

Attorney General

Top 3

Top 3

Tennessee.................. $201,852

Tennessee..................$185,064

Virginia.......................$163,735

Wyoming...................$175,000

Illinois ....................... $156,541

California...................$170,080

Bottom 3

Bottom 3

Colorado...................... $68,496

Colorado......................$80,004

Wisconsin....................$69,936

Oregon........................ $82,220

Arizona.......................$70,000

Arizona...................... $90,000

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Secretary of State

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american democracy

Highest & Lowest Salaries

By Category

Budget

Collects and analyzes budget requests and supporting materials and prepares the executive budget document.

Administration Umbrella agency of administration that coordinates administrative services provided to state agencies.

Louisiana

Idaho

$237,500

$95,201

Civil Rights

Overall responsibility for preventing and redressing discrimination in employment, education, housing, public accommodations and credit (because of race, color, sex, age, national origin, religion or disability).

New York South Dakota $199,547

$75,656

Michigan South Dakota $152,250

Finance

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Responsible for multiple financial functions (budget, payroll, accounting, revenue estimation).

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Connecticut

Montana

$209,439

$103,485

$51,072

Health

Enforces public health laws and administers health programs and services in the state.

Colorado West Virginia $379,641

$85,512

annual government salaries

Agriculture Enforces agriculture laws and administers agricultural programs in the state.

Banking

Administers laws regulating the operation of banking institutions in the state.

California

Alabama

Texas

West Virginia

$201,869

$84,655

$242,925

$75,000

Commerce

Umbrella agency of commerce responsible for the overall regulation and growth of the state’s economy.

Arizona

Mississippi

$250,000

$90,000

State Police

Patrols the state’s highways and enforces the motor vehicle laws of the state.

$258,286

$85,000

Provides a broad range of services designed to assist communities in the delivery of essential public services.

Texas

Utah

$172,997

$70,554

Tourism

Coordinates promotional and advertising programs for the tourism industry in the state.

Hawaii

North Carolina

$297,684

$82,066

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California West Virginia

Community Affairs

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american democracy

Interstate Compacts A distinctly American invention, interstate compacts promote multistate problem-solving in the face of complex public policy issues and federal intervention. Here, we delve into some established compacts.

THE INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN The Interstate Compact on the Placement of Children, or ICPC, was created to ensure safe and suitable interstate placements of children for purposes of foster care and adoption, and to appoint jurisdictional and financial responsibilities. The ICPC is statutory law in all 50 states, the District of Columbia, and the U.S. Virgin Islands. It provides party jurisdictions with administrative procedures that facilitate each state’s ability to assess the needs of children and to coordinate and align sending and receiving states’ efforts to identify a suitable placement. Because the ICPC legal framework requires reciprocity, the benefits to states are far reaching.

Through the ICPC mechanism, states can maximize resources, create cooperative networks, provide checks and balances throughout the placement continuum, and provide the best opportunity to protect children so they may achieve permanency and reach their full potential.

THE NURSE LICENSURE COMPACT The Nurse Licensure Compact, or NLC, is an interstate compact for multistate licensure of RNs/LPNs adopted originally in 1997. An updated version was adopted in 2015. The NLC enables cross-border nursing practice and remedies the burden nurses experience obtaining licenses in multiple states. The NLC authorizes a nurse with a multistate license to practice in-person or by phone in all compact states.

Thirty-one states have enacted NLC legislation. Licensure requirements are uniform across NLC states.

The NLC is a public protection model of licensure, enabling nurse mobility and license portability while improving access to care. For more information, visit www.ncsbn.org/nlc or nursecompact@ncsbn.org.

ISSUE 5 | CAPITOL IDEAS

THE EMERGENCY MEDICAL SERVICES PERSONNEL LICENSING COMPACT

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The Emergency Medical Services Personnel Licensing Compact provides a privilege to practice in a remote state for EMS personnel based on common qualifications and a valid license in their home state. State EMS agencies improve protection of the public through a coordinated database, which includes disciplinary and license status data on all EMS personnel. For example, an ambulance service is having a large local community event in their response area and has a need for additional EMS personnel for a temporary assignment. An EMS agency across an adjacent state border has staff willing to assist with this assignment.

How do they practice without having a state license? This scenario is but one of many requiring EMS personnel to cross state borders in the performance of their daily duties.

interstate compacts

EMERGENCY MANAGEMENT ASSISTANCE COMPACT In every disaster the most compelling stories are of neighbors helping neighbors. The Emergency Management Assistance Compact, or EMAC, is one of the best examples of this type of American heroism on display. At its core, EMAC is a legal agreement between all 50 states, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, or USVI, and Guam to provide aid to each other during disasters and emergencies.

EMAC provides critical protections for member states, including tort liability, workers compensation, licensure and reimbursement. The compact was established in 1993 and approved by Congress in 1996. EMAC is administered by the National Emergency Management Association, or NEMA.

INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION Developed in 1937 and designed to regulate the movement of probationers and parolees across state lines, the Interstate Compact for Adult Offender Supervision, or ICAOS, is now enacted in all 50 states and three U.S. territories. Revised in 2002, the compact provides states the authority, accountability and resources to adequately track the supervision of offenders who move across state lines, thereby enhancing public safety and offender accountability. ICAOS has become a powerful and adaptive tool for promoting and ensuring cooperative action among the states and a single standard of supervision for offenders.

THE INSURANCE COMPACT The Insurance Compact is a collaborative effort that started with the work of the Insurance Commissioners to create a single point of filing and review, uniform product standards, and a more efficient state-based procedure for processing and filing. Insurance companies may file their life, annuity, long-term care, and/or disability income product with the Insurance Compact for review and approval utilizing one set of uniform standards with approval valid in up to 45 different Compact jurisdictions. The Insurance Compact and the states work together to ensure their consumers have a thoroughly reviewed insurance product available for purchase.

MILITARY INTERSTATE CHILDREN’S COMPACT COMMISSION Military families encounter challenges due to frequent relocations while serving our country. Most military children attend six to nine schools from kindergarten through 12th grade. Adopted by all 50 states and the District of Columbia, the Compact applies to interstate student transitions between public and Department of Defense schools. Its goal is to replace the widely varying educational policies military students encounter with a comprehensive approach. Covering key areas such as eligibility, enrollment, placement, and graduation, the goal is to ensure military students are afforded the same educational opportunities as other students through “Successful Educational Transitions.” Learn more at www.mic3.net.

THE PHYSICAL THERAPY COMPACT ISSUE 5 | CAPITOL IDEAS

Initial planning for the Physical Therapy Compact started in 2014 as a way to address mobility and portability challenges faced by physical therapists, or PTs, and physical therapist assistants, or PTAs. The Physical Therapy Compact Commission, or PTCC, was officially created as an independent governmental entity on April 25, 2017, when the 10th state enacted the model compact legislation. The PTCC developed and maintains an advanced online system and database to easily and efficiently verify applicant eligibility and issue compact privileges to practice to qualified PTs and PTAs in member states. The Physical Therapy Compact preserves the current state-based licensure system, while also establishing a state-based collaborative approach to protect the public by increasing consumer access to physical therapy services by reducing regulatory barriers to interstate mobility and cross-state practice.

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Policymaking at the Ballot Box ISSUE 5 | CAPITOL IDEAS

by Lisa McKinney

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On Nov. 6, Michigan voters passed Proposal 2, amending the state’s constitution and transferring the power to draw the state's congressional and legislative districts from the state Legislature to an independent redistricting commission.

The proposal, known as the Independent Redistricting Commission Initiative, is intended to end gerrymandering in the state. Voters Not Politicians, a registered ballot committee, was behind the proposal.

The six-page long, intricate proposal that rewrote the rules around how congressional and state legislative districts are drawn had simple beginnings.

“People across the country were really divided after the 2016 election, including my own family,” said Katie Fahey, founder and executive

director of Voters Not Politicians. “I wasn’t looking forward to going home for Thanksgiving dinner because I felt like we were at a point where we couldn’t agree on anything. So I put out a Facebook post that read: ‘I'd like to take on gerrymandering in Michigan, if you're interested in doing this as well, please let me know.’”

That Facebook status started a political movement, Fahey said. Thousands of volunteers connected to help create the policy, collect enough signatures to get on the ballot, and rally voters to approve the proposal on Election Day. The group decided to use the ballot initiative process in order to have control over the amendment’s language and give Michiganders the opportunity to vote on it directly.

ballot initiatives “In Michigan, we are fortunate to have citizen-driven initiatives to enact laws or change our Constitution,” Fahey said.

The group did amend the Michigan Constitution.

Prior to the vote, Michigan was one of 28 states where the legislature is in charge of drawing district lines; the proposal will shift that power to an Independent Citizen’s Redistricting Commission, a nonpartisan commission made up of 13 independent citizens overseen by the secretary of state.

The Michigan proposal was part of a wave of citizen-led ballot initiatives that began in 2016 and continued in the 2018 election. Elections policy was a hot topic for ballot initiatives—along with marijuana, restrictions on taxes and health care.

Voters in 37 states decided 155 statewide ballot measures in November 2018. A total of 167 statewide ballot measures were certified for 2018 ballots in 38 states, but 12 were decided before November elections. Of those, 63 were citizen-led initiatives proposing new laws, which is down from 71 in 2016 but still up from previous election cycles.

“I maintain that 2018 is continuing a trend of the resurgence of activities in initiatives,” said Josh Altic, project director for the Ballot Measures Project at Ballotpedia. “It is more than 2014 and 2012 and 2010, but if you look at the number of initiatives filed it was closer to 2016 levels. In 2016 and 2018 right around 1,000 initiatives were filed with state officials. If you look at the few cycles before that it was closer to 500. So there has been more activity around it.”

Altic said the reason the number of initiatives on the ballot was slightly lower this year than in 2016 is because there was at least 10 initiatives that were close to qualifying for the ballot, or did qualify, but then were withdrawn or abandoned because of compromises made with state legislatures or other interested parties.

“That’s another way to use the initiative process,” Altic said. “It’s not the most conventional way, but using it as a bargaining chip to get some sort of deal is one way to use it that I think is really fascinating. I’ve seen it used this year more than I’ve seen it before ever.”

Altic attributes part of the interest in “good governing” ballot initiatives, such as redistricting initiatives, to the upcoming census and public dissatisfaction with election results.

Ballot measures, or ballot propositions, are proposals to enact new laws or constitutional amendments or repeal existing laws or constitutional amendments that are placed on the ballot to be decided by popular vote.

There are several different kinds of ballot measures:

An initiative is a proposal of a new law or constitutional amendment that is placed on the ballot by collecting signatures of a certain number of citizens. Twenty-four states have the initiative process. Of the 24 states, 18 allow initiatives to propose constitutional amendments and 21 states allow initiatives to propose statutes.

A referendum is a proposal to repeal a law that was previously enacted by the legislature, and that is placed on the ballot by citizen petition. A total of 24 states permit referendums.

A legislative measure or legislative proposition is a proposal placed on the ballot by the legislature. All states permit legislative measures and all states except for Delaware require constitutional amendments to be approved by the voters at large. In some states, legislatures place nonbinding advisory measures on the ballot.

Source: IRI Initiative and Referendum Institute, University of Southern California

ISSUE 5 | CAPITOL IDEAS

“The 2020 census is coming up and people never really accomplish anything until the deadline and this is the last year they can pass something and work out the kinks,” he said. “…The proponents of these initiatives all have different intentions behind them. They might have a more pointed idea of what the problem is and how they want to fix it. But I think they are certainly tapping into the national narrative that the game is fixed and voters can’t effect the changes they want to make.”

Ballot Propositions, Initiatives and Referendums

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american democracy

Officials Deploy New Tools, Overcome Obstacles to Protect Elections

ISSUE 5 | CAPITOL IDEAS

by Sean Slone

36

csg cybersecurity initiative Vermont Secretary of State Jim Condos remembers a lot of confusion when he and his counterparts from other states were convened on a conference call in August 2016 with the U.S. Department of Homeland Security. ThenDHS Secretary Jeh Johnson told elections officials they had detected cyberattacks to 21 states or local jurisdictions and suggested they were considering declaring the elections infrastructure “critical infrastructure.”

“Our question to him at that point and leading up to the January actual designation was ‘what does that mean?’” Condos said. “To us it sounded like it was a takeover by the federal government of our elections process. I think the strength of our elections process is that it is decentralized to the 50 states and further decentralized to counties and locals.”

Condos said it wasn’t until a meeting in June 2017 that states learned what the designation meant and not until September 2017 that DHS identified which states had been targeted by hackers.

The Elections Government Sector Coordinating Council, which counted Condos and other state and local elections officials from around the country among its members, was convened to inform how DHS would work with state and local jurisdictions to implement the designation.

Condos and company set up an elections infrastructure information sharing analysis center—EI-ISAC for short.

“DHS, I think, would tell you that it was the fastest setup of an ISAC for critical infrastructure that they’ve ever done and we know that all 50 states are (now) members of that EI-ISAC,” Condos said. “Essentially EI-ISAC is really a communications protocol that allows us to get information that we’re not able to get elsewhere. They also helped set up an Election Day dashboard … a real-time, threat-alert system that we sign on to … so that we can see if anybody else is being attacked.”

“That has been a really constructive relationship here and it’s something that we acted on very quickly,” Lawson said. “We were one of the first states in August of 2016 to welcome them in quickly and let them start cyber-scanning.

We were one of the first states to have internal penetration testing teams from DHS come continued on next page »

“I think we recognize this is a mutually impacting area and best dealt with if we deal with it as a group because I see what some other states are doing where there is one person who has become the czar of elections and I’m pleased that we haven’t done that and that we have the open communications back and forth. I think we share issues and problems. We may not always agree but we’ve got some good strong, open discussion on it and I think we’re headed in the right direction.”

—Washington State Sen. Sam Hunt, who chairs the State Government, Tribal Relations and Elections Committee in Olympia

“I think the secretary’s office is front-and-center for the communications we need on a statewide basis to make all of us feel safe as voters that our ballots are being guarded and our votes count.”

—Washington State Rep. Laurie Dolan, vice chair of the House State Government Committee

ISSUE 5 | CAPITOL IDEAS

Joshua Lawson, general counsel at the North Carolina State Board of Elections and Ethics Enforcement, said once it became clear the 2016 hacks were tied to nation-state actors and not more pedestrian criminals seeking Social Security numbers and birthdays for identity theft, his state didn’t hesitate to jump on new resources and coordination with DHS to improve cyber protections once they were offered.

Talking About Interagency Cooperation Challenges

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american democracy « article continued from previous page

down and spend a week to two weeks here. …

So I think that’s one of the biggest (lessons of the 2016 election) is trying to leverage all the resources that DHS has been making available to us to make sure that we’re matching fire with fire.”

If state and local election officials around the country were successful this year in preventing cyberattacks like the ones seen in 2016, it’s thanks not only to coordination with federal agencies such as DHS but also to a variety of new partnerships, tools, procedures, training efforts and communications protocols put in place since the 2016 election.

But the 2018 election also took place against a backdrop of ongoing challenges election officials had to overcome, including a lack of

tions to be under a government-wide authority such as a state technology office or to maintain those functions under the main election agency.

In Utah, Director of Elections Justin Lee noted his office’s statewide voter database and websites are run by the state Department of Technology Services. He said his office has been under their security umbrella for years.

Condos, the Vermont secretary of state, said in his state the chief information officer has relatively little to do with his office. The secretary of state is independently elected from the governor and the secretary’s office maintains their own servers and IT systems so they’re not part of the state system. Condos sees that as a good thing.

The North Carolina State Board of Elections and Ethics Enforcement keeps its IT in house as well, according to Lawson, the general counsel.

“Our internal IT team builds and maintains and patches the state’s election management system and that is a unified statewide election management system,” he said.

But Lawson noted one area where the arrangement is not optimal.

“The counties are the ones responsible for most of their IT costs, including voting systems,” Lawson said. “They’re the ones who if they want to upgrade the laptops that are being used at a polling place for voter check-in or help desk or whatever, they’re the ones who have to buy those laptops. If they want new voting systems and equipment that may be better configured to prevent cyber activity, they’re the ones who pay for that. We set minimal standards. … But as we know with cyber, you can have something that’s a totally approved software product that you’re allowed to operate on a particular machine, but if that machine’s version of Windows is not updated, that’s your vulnerability. … You don’t want it to be that some big vulnerability is created just because X county has lesser resources than another county.”

A lack of resources, particularly at the local level, to conduct and protect elections was one of the biggest concerns expressed by many elections officials around the country.

Barb Byrum, county clerk in Ingham County, Michigan, said she’d like to see significantly more investment in cybersecurity in particular.

She worries her county doesn’t have the IT support necessary to secure websites and office systems. From the federal level, she’d like to see more support for the Election Assistance Commission, which could help states bring new elections equipment online with a focus on security.

ISSUE 5 | CAPITOL IDEAS

sustainable funding for elections and cybersecurity and sometimes dysfunctional relationships and interagency conflicts.

38

Those were some of the findings from interviews with five dozen state and local elections officials, state legislators, executive branch staff and state technology directors from eight states conducted by CSG between early August and mid-October as part of an election cybersecurity initiative with The Democracy Fund, a Washington, D.C.-based, bipartisan foundation with the aim of improving the democratic process in the United States.

When it comes to interagency coordination, there is some ongoing debate among elections officials as to whether it’s better for election systems, cyber protections and office IT func-

“If my e-mail were to go down on Election Day—one of the busiest days of the year—I don’t have time to fill out a work order with our state digital services team and have them tell me ‘we’ll get it fixed in three days,’” he said.

Sally Williams, director of the Michigan Bureau of Elections, said they’ve taken the DIY approach to a new level. Her office’s cybersecurity programs are self-developed, as was the state’s voter registration program more than 20 years ago. The state is redeveloping voter registration now and in the process of rolling it out to local elections officials. But Williams said her office does get support for those systems from the state technology department. The bureau also has technically oriented staff, some of whom are focused on cybersecurity.

Condos said his state was thankful to receive a portion of the $380 million in federal money made available as part of the 2018 Help America Vote Act, or HAVA, Election Security Fund included in the omnibus appropriations bill signed by President Donald Trump in March.

But he said what’s needed from the federal government is sustained, ongoing support for elections and cybersecurity.

“I think what we need is not … money once every 10 or 15 years,” Condos said. “That helps us maybe with equipment or an immediate need at that point. What we need is ongoing support, sustainable resources going forward.”

Condos noted that the $380 million appropriated this year was actually leftover money that dates back to the 2000 election and subsequent efforts to prevent another “hanging

csg cybersecurity initiative chads” debacle in a future election. In 2002, Congress approved $3.9 billion as part of the first Help America Vote Act but did not appropriate that $380 million.

Wyman, the secretary of state in Washington, said the 2016 election galvanized Congress around protecting election systems in a way not seen since the 2002 Help America Vote Act. “That was why my colleagues and I asked Congress to free up that remaining $400 million so states could actually start addressing the cyber issues immediately,” she said. “I’ve never seen Congress move that fast in my adult life. But with that said, it does point to the ongoing commitment that we really need to get from not only the federal government but from our state legislature that elections need to be a priority.”

Wyman said she had the same concern in the early 2000s when the HAVA dollars started flowing to states.

“We’re getting $75 million to build this new state-of-the-art system and replace voting machines and all of the things that we did but what’s going to happen when those systems age out and that’s exactly what happened unfortunately,” she recalled. “There was no backfill and no long-term view of how you maintain those systems and I think that that has to be part of the discussion.”

CSG released the CSG Elections Cybersecurity Initiative Guide for state and local officials in December 2018.

To view the full report, visit csg.org/cyber.

://Election Cybersecurity Initiative Guide

States invested in a variety of new tools to help them protect the 2018 vote from cyber threats.

States worked to bring county election operations under the protection of intrusion detection sensors known as Albert sensors. Reuters reported this summer that 36 states had installed the $5,000 sensors that make use of open source software at the elections infrastructure level. Overall, Reuters reported, 74 sensors have been installed in 38 local jurisdictions around the country. Only 14 of the sensors were installed nationwide prior to the 2016 election.

Phil Bates, chief information security officer at the Utah Department of Technology Services, said his team was working to cover counties that aren’t run off the state network, which is already monitored.

Washington state is also working toward a goal of getting the sensors on all 39 county systems.

Vermont has an Albert monitor that monitors all internet traffic coming into the secretary of state’s office.

Voter registration databases have become a particular focus for added protection since the 2016 election, when Illinois’ database was breached.

“We’ve been uniquely positioned I think because we started a project back in 2014 to replace our voter registration system and the election management systems in the counties and this has been this incredible, collaborative arrangement with the county auditors and elections officials and we’re right now in the process of installing that system and building it out,” Washington Secretary of State Kim Wyman said.

Vermont now backs up its database daily. But were it ever to be breached, the state, like 17 others and the District of Columbia, has a redundancy and failsafe in place: same-day voter registration.

“In the worst-case scenario if all the voter rolls in the state blew up somehow … we could register people on Election Day and have their votes counted,” Utah Director of Elections Justin Lee said.

Elections officials also tout other security steps like layered firewalls and two-factor authentication systems, which require database users to submit to two identification protocols in order to gain access.

ISSUE 5 | CAPITOL IDEAS

The Council of State Governments

New Bells and Whistles

39

final facts

Horsing Around the Bluegrass

by Shawntaye Hopkins This year, CSG turned its attention to the home of its national headquarters: Kentucky.

The CSG 2018 National Conference in Northern Kentucky—Greater Cincinnati convened policymakers to discuss top issues affecting states. The national conference is an annual opportunity for friends across all branches of state governments to socialize and share ideas.

NAMED FOR THE KENTUCKY RIVER, THE STATE NAME IS FROM THE

Sh aw nee o r Wy an do t l a ng u a ge an d mean s

“ON THE MEADOW.” In 1967, CSG’s executive committee voted to move CSG headquarters FROM CHICAGO TO

L e x i n g t o n , K e n t u c k y.

ORIGINALLY READING “FLORENCE MALL”

95% of the world’s bourbon is crafted in Kentucky.

a water tower built in 1974 on I-75 in Northern Kentucky violated advertising restrictions.

THE MAYOR DECIDED TO REPLACE THE “M” WITH A “Y.”

The 1st Kentucky Derby

Before creating his secret formula for KENTUCKY FRIED CHICKEN Harland S anders operated a service station in Corbin, KY,

where he started cooking for hungry travelers.

M AM MO T H C AV E

W A S H E L D M AY 1 7 , 1 8 7 5

IN SOUTH CENTRAL KENTUCKY

A 3-year-old chestnut colt N A M E D Aristides W O N .

I S T H E L O N G E S T C AV E SYS T E M I N T H E W O R L D.

(EDMONSON COUNTY)

The Roebling Suspension Bridge BETWEEN COVINGTON, KY, AND CINCINNATI, OH,

was the l onge st susp e ns io n br idg e in the wor ld W I T H A C E N T R A L S PA N O F 1 , 0 5 7 F E E T W H E N I T O P E N E D I N JA N UA R Y 1 8 6 7 .

Safety is central to transporting hazardous materials where they are needed so they can be used to provide essential benefits people rely on every day — from safe drinking water to abundant food supply.

That’s why chemical manufacturers are committed to working closely with their transportation partners and regulators to help achieve the safe delivery of their products.

Learn more about this commitment at safetymovesus.com.

SAFETY MOVES US

The Council of State Governments 1776 Avenue of the States Lexington, KY 40511

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COMING IN CAPITOL IDEAS’ NEXT ISSUE !

CSG Serves the States