State Legislatures Oct/Nov 2015

Reality of Fantasy Football

PAGE 11 October/November 2015

Preschool Is for Real Highway Funding legislative Caucuses Creative Solutions

VISIT US AT BOOTH #121

How can you be an ENVIRONMENTALIST and not support

NUCLEAR ENERGY?

EILEEN CLAUSSEN ENVIRONMENTAL POLICY LEADER & FORMER ASSISTANT SECRETARY OF STATE

The world needs to triple the amount of electricity it gets from non-carbon sources – like nuclear, wind, and solar – to provide the energy we need and reduce carbon emissions.

Eileen Claussen has devoted her career to working with policymakers and a wide range of stakeholders to develop sensible solutions to one of our most fundamental challenges, providing clean, secure, and affordable energy, while protecting our environment.

She knows that no single energy technology can meet our carbon reduction goals. However, nuclear energy produces more than 60% of America’s carbonfree electricity, preventing 2 billion

CLIENT: NEI (Nuclear Energy Institute)

tons of carbon each year. That’s the equivalent of capturing all emissions from nearly all of America’s automobiles.

Find out why some of the world’s leading environmentalists support nuclear energy.

Get the facts at nei.org/cleanair #futureofenergy

PUB: State Legislatures Magazine

RUN DATE: July/August

A National Conference of State Legislatures Publication

OCTOBER/NOVEMBER 2015

VOL. 41 NO. 9 | CONTENTS

Executive Director William T. Pound Director of Communications Karen Hansen Editor Julie Lays Assistant Editor Kevin Frazzini

NCSL’s national magazine of policy and politics

Contributing Editor Jane Carroll Andrade Web Editors Edward P. Smith Mark Wolf Copy Editor Leann Stelzer Advertising Sales Manager LeAnn Hoff (303) 364-7700 Contributors Daniel Diorio Pam Greenberg Heather Morton Douglas Shinkle Wendy Underhill

FEATURES

DEPARTMENTS

Preschool Is for Real Page 14

SHORT TAKES PAGE 4 NCSL news, activities and Summit roundup

BY JULIE POPPE AND ROBYN LIPKOWITZ Funding is up, as is enrollment, as states continue to invest in high-quality early childhood education to help kids succeed.

STATESTATS PAGE 7 Voting Rights Act Reaches Milestone NEWSMAKERS PAGE 8 A peek at what’s happening under the domes

Art Director Bruce Holdeman NCSL Officers President Senator Curt Bramble President Pro Tempore, Utah

TRENDS PAGE 10 Felon voting rights, fighting revenge porn, employers dealing payroll cards and battle on the e-gridiron

President-Elect Senator Mike Gronstal Majority Leader, Iowa Staff Chair Karl Aro Executive Director, Department of Legislative Services, Maryland

STATELINE PAGE 12 News from around the nation—from getting kids off their phones and into parks to working out new legislation on drones

Denver Office 7700 East First Place Denver, Colorado 80230 (303) 364-7700 Washington, D.C. Office 444 North Capitol Street, N.W. Suite 515 Washington, D.C. 20001 (202) 624-5400

ON RECORD PAGE 22 Q&A with Robert Gates, former defense secretary, CIA director— and Eagle Scout “The states have become extraordinary laboratories for experimentation and innovation.”

Website www.ncsl.org/magazine

COVER DESIGN BRUCE HOLDEMAN

State Legislatures (ISSN 0147-0641), the national magazine of policy and politics, is published monthly by the National Conference of State Legislatures except July/August and October/ November, which are combined. Postmaster: Send address changes to: State Legislatures, 7700 East First Place, Denver, CO 80230. © 2015, All Rights Reserved.

Opinions expressed in this magazine do not necessarily reflect NCSL policy.

Go to www.ncsl.org/bookstore to subscribe. Annual rates: U.S.—$49; foreign—$55; teachers—$25 (promo code SLMTEA). Single copy: $6.50.

Letters to the editor and requests for permission to reprint may be mailed to Julie Lays in the Denver office or e-mailed to her at: julie.lays@ncsl.org. Send subscriptions and changes of address to the Marketing Department in Denver.

Periodically, NCSL rents mailing labels to other organizations. If you prefer your name not be included please send a written request.

State Legislatures is indexed in the PAIS Bulletin and Expanded Academic Index. It is also available in microform and electronically through University Microfilms Inc. (UMI) at (800) 521-0600.

On the Road Again Page 20

BY KEVIN PULA States take the wheel on transportation funding as Congress sputters along.

TOOLBOX PAGE 28

BY JAMIE RALL Practice creativity like any other skill and unleash the problemsolving genius of your staff.

Birds of a Feather Page 24

BY SUZANNE WEISS Legislative caucuses bring together likeminded lawmakers and help create ways to work across the political divide.

STATE LEGISLATURES

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THE FINAL WORD PAGE 31 NCSL’s new staff chair, Karl Aro, in the executive director of Maryland’s Department of Legislative Services.

OCTOBER/NOVEMBER 2015

SHORT TAKES ON NCSL NEWS NCSL EXPERTISE

FOCUSED

“The waivers can include broad change as well as very specific or focused change.”

Dick Cauchi on Affordable Care Act “1332 waivers” that will give states more flexibility in regulating health care plans, in the Washington Examiner.

“Every square inch of every state has somebody in that legislature who cares about it.”

Tim Storey on the advantage of having legislatures handle redistricting, on NBCNews. com.

“The impact of uncertain funding is states delaying or cancelling bids for highway projects.”

Ben Husch on states’ frustration over Congress’ inability to pass a long-term highway funding bill, in USA Today.

Telehealth Trek NCSL’s Health Program has organized four visits and meetings to explore telehealth issues, including this one in North Dakota. Participants have also visited sites in Nebraska, Nevada and Utah.

Capitol Art More than 500 works by local artists are displayed in the New Mexico State Capitol. Hawaii Representative Karl Rhoads (D), on the left, and Idaho Senator Curtis McKenzie (R) view the artwork between sessions at an NCSL meeting on election technology.

“Anything passed after the deadline may be subject to a lawsuit.”

Brenda Erickson on the inflexibility of legislative adjournment dates set by state constitutions, in the Daily Nonpareil.

“This is something the states have been looking for.”

Luke Martel on potential Department of Labor rules allowing states to adopt mandatory retirement savings vehicles, in Financial Advisor magazine.

“Now that it has happened, it may be seen as being more likely to pass in another state.”

Karmen Hanson on Hawaii becoming the first state to raise the smoking age to 21, on Fox News.

Nuclear Demonstration At the Oak Ridge National Lab in Tennessee, an employee explains the High Flux Isotope Reactor to NCSL’s 2015 Nuclear Legislative Working Group, including, New Mexico Representative Eliseo Alcon (D), on the left, and Tennessee Representative John Ragan (R) and his staffer Tyler Lane, on the right.

OCTOBER/NOVEMBER 2015

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STATE LEGISLATURES

SHORT TAKES Building the States’ Agenda State lawmakers from across the country will gather at NCSL’ s annual Capitol Forum to defend states’ rights, push for e-fairness legislation and meet with members of Congress. Please join us! Go to www.ncsl. org/forum.

Civil Discourse Legislators from 11 states were among 450 participants from 35 countries in the Kettering Foundation-NCSL Deliberative Democracy Exchange in Dayton, Ohio, this summer. The group explored ways to increase civil discourse in legislatures.

LEGISLATIVE SUMMIT What NCSL Can Pack Into Four Days is Herculean, and the 41st annual Legislative Summit, Aug. 3-6 in Seattle, was no exception. More than 5,400 legislators, legislative staff and others joined a Pulitzer Prize-winning author, former defense secretary, futurist, ethicist, economist and many other thought leaders in forward-looking plenaries, deep-dive policy sessions and professional development seminars, with networking opportunities galore. Here’s a brief recap.

NCSL Welcomes New Officers NCSL’s bipartisan leaders begin their terms every year at the Summit. Above, Immediate Past President Senator Debbie Smith of Nevada, third from left, passed the gavel to President Senator Curt Bramble of Utah, third from right. Other NCSL officers, from left, are Staff Vice Chair Raul Burciaga, director of the New Mexico Legislative Council Service; Immediate Past Staff Chair Peggy Piety, senior staff attorney for the Indiana Legislative Services Agency; Presidentelect Senator Mike Gronstal of Iowa; Vice President Senator Deb Peters of South Dakota; and Staff Chair Karl Aro, executive director of Maryland’s Department of Legislative Services.

“It was invaluable to learn different approaches to similar problems across the country.”

—From the Summit survey

“The detail and depth in the presentations were great.”

—From Summit survey

SEE YOU IN CHICAGO IN 2016

The Annual Business Meeting Policy directives and resolutions to guide NCSL’s advocacy efforts in Washington, D.C., are approved with the support of at least three-fourths of the states attending. Those that passed this year will focus on: • Supporting the Remote Transactions Parity Act, which would give states the authority to collect the sales taxes already owed by residents who make out-of-state purchases.

• Urging Congress to solve the nation’s long-term transportation funding crisis and allocate funds to support state pilot programs exploring alternatives to fuel taxes.

• Supporting reauthorization of the Elementary and Secondary Education Act. • Protecting state and local authority within proposed federal standards on the collection, use and security of student data.

• Urging Congress to leave sports gambling, marijuana and hemp policies to the states.

STATE LEGISLATURES

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OCTOBER/NOVEMBER 2015

“It was the best one I’ve attended.”

SHORT TAKES

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Notable Documents Awards presented by the Legislative Research Librarians for outstanding government publications

85%

Portion of Summit survey respondents who discovered new ideas from other states

LEGISLATIVE SUMMIT Kerman

PHOTOS BY AARON BARNA, WASHINGTON LEGISLATIVE SUPPORT SERVICES

THE SUMMIT By the Numbers

—From Summit survey

Connelly

Summit speakers offered insights into far-reaching topics such as what the future may hold, with help from Ford futurist Sheryl Connelly, above left, as well as specific subjects like women in prison, thanks to “Orange Is the New Black” author Piper Kerman, above right.

300

Items—including handouts, PowerPoints and videos—in the Summit Online Resources Document at www.ncsl.org

3,918 Tweets posted using #NCSLSummit

Pulitzer Prize-winning author Jon Meacham chatted with attendees and signed books after sharing his thoughts about what we can learn from history and its leaders during the closing general session.

Virginia’s Jay Pearson, left, director of the House Information and Communications Services, and Nathan Hatfield, assistant clerk of the Senate, accept the Kevin B. Harrington Award for Excellence in Democracy Education from outgoing Staff Chair Peggy Piety. The Virginia General Assembly was cited for its decades-long effort to promote civic education.

30 Years Strong: NCSL’s Women’s Legislative Network—a professional development organization that includes every female legislator in the 50 states, U.S. territories and the District of Columbia—celebrated three decades of advocating for women in politics.

OCTOBER/NOVEMBER 2015

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STATE LEGISLATURES

STATESTATS

Voting Rights Act Reaches Milestone

T

his year marks the 50th anniversary of the Voting Rights Act, the landmark federal legislation that changed the way America votes.

Although the 15th Amendment to the U.S. Constitution, passed in 1870, granted the right regardless of race, it did not specifically prevent literacy tests, poll taxes, good-character tests or other mechanisms that were frequently used to exclude minorities from voting.

A cornerstone of the civil rights movement, the Voting Rights Act was passed in 1965 to defend the right of all eligible citizens to vote.

The law prohibits discriminating against racial or language minorities, intimidating voters and committing registration fraud. It requires translations of election material into several languages when warranted and ensures that people with disabilities receive assistance with voting. It also allows federal observers into polling places and absentee voting in presidential elections.

The act’s most notable provision, however, is in Section 5. It requires some states and counties with a history of discrimination to get approval, or “preclearance,” from the federal government before changing their voting laws. In 2013, the U.S. Supreme Court found the formula used to determine which jurisdictions needed preclearance to be unconstitutional. Congress has yet to act on legislation to establish a new formula, so once-covered jurisdictions no longer need to seek preclearance.

The Voting Rights Act remains an important tool for ensuring the right to vote in all states, and its place in American history is undeniable.

—Wendy Underhill and Daniel Diorio

How the Voter Pie Is Sliced

On the Decline

Share of votes in the 2012 presidenial election, by race and ethnicity.

Civil rights cases in U.S. district courts alleging violations of voting rights peaked in 1992 and rose again in 2002, most likely the result of redistricting challenges. By 2006, the number of voting rights lawsuits had declined to about 150 cases, much less than in other areas.

Claims

White 72% Black 13% Hispanic 10% Asian 3% Other 2%

Source: Pew Research Center, based on 2012 exit poll data from the National Election Pool.

Source: Bureau of Justice Statistics, 1990 –2006.

A Half-Century of the Voting Rights Act 2013 Supreme Court’s Shelby County v. Holder decision eliminates most preclearance requirements.

Sources: Department of Justice, Civil Rights Division, Voting Section STATE LEGISLATURES

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OCTOBER/NOVEMBER 2015

BEFORE 25% Percent of blacks registered to vote in mid1950s.

15

AFTER 62% 20

10 20

05 20

00

19 95

0

2006 Congress reauthorizes the Voting Rights Act for 25 years and President George W. Bush signs it.

19 9

19 85

0

1980 In Mobile v.

Bolden, U.S. Supreme Court rules that intent must be proved in claims of racial discrimination.

19 8

19 75

0 19 7

19

65

1970 Congress extends Section 5 provisions for five years.

1982 Congress amends the act in response to the Mobile ruling by adding coverage of racially discriminatory effects, intentional or not, and extends the law for 25 years. President Ronald Reagan signs it.

20

1975 Congress again extends Section 5 provisions, Aug. 6, 1965 this time for seven years and President Lyndon adds protections for language Johnson signs the Voting minority citizens.

Rights Act.

Voting Rights Act

Percent of blacks registered to vote in 1968.

NEWSMAKERS

THE ALASKA LEGISLATURE RAISED THE STAKES in its months-long battle with Governor Bill Walker, a Republican-turned-independent, over his attempt to expand Medicaid without lawmakers’ approval. The Legislature has filed an injunction against the governor to block the expansion, and a Republicancontrolled House-Senate committee voted to spend up to $450,000 on two law firms to represent the Legislature in the lawsuit, the Alaska Dispatch News reported. “This is not a policy issue—we’re not discussing whether we should or shouldn’t expand Medicaid,” Senate President Kevin Meyer (R) said. “This is a question of authority and process and our constitution.” Walker says the suit is politically motivated. “I cannot fathom why suing to take away health care coverage of working Alaskans is a partisan issue,” he said.

“The song remains the same in American democracy.”

—Oregon Representative Brent Barton (D) reflecting on the way many topics are discussed year after year, in the Portland Tribune.

CALIFORNIA REPUBLICANS HAVE CHOSEN NEW LEADERS. Jean Fuller replaced Bob Huff as Senate minority leader at the end of August, rather than the end of session in November. Huff is running for Los Angeles County supervisor.

“I’m eager to get started,” Fuller said after the decision. She told reporters that the caucus had moved up the timeline to focus on its priorities. Those likely include current tax proposals being discussed and next year’s elections. On the Assembly side, Republicans have chosen Chad Mayes to be their next minority leader. He will succeed Kristen Olsen, who is termed out next year, when the new session opens in January.

“The right to bail is a constitutional right in the [New Mexico] Bill of Rights.”

—New Mexico Senator Peter Wirth (D), who wants to amend the state constitution to allow judges more discretion to deny bail in certain cases, in the NM Political Report.

COLORADO SENATOR LUCIA GUZMAN (D) WAS CHOSEN TO BE THE NEW MINORITY LEADER, and among the first to salute her was Senate President Bill Cadman (R). “I congratulate Senator Guzman for earning the support of her caucus as the new minority leader. I look forward to working with her in her new role,” Cadman stated. Guzman replaces Senator Morgan Carroll (D) as minority leader, who stepped down to prepare for a run for Congress. Before Guzman’s election in 2010, she was executive director of the Colorado Council of Churches, a small-business owner and vice president of the Denver Public Schools Board of Education.

OCTOBER/NOVEMBER 2015

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STATE LEGISLATURES

IOWA’S NEW SPEAKER ELECT DIDN’T HAVE TO GO FAR TO FIND A ROLE MODEL. Linda Upmeyer (R), who assumes her new position on the first day of the 2016 session in January, is the daughter of the late Delwyn Stromer, who served as speaker in the 1981-82 session. Upmeyer, a cardiology nurse practitioner in her seventh House term, succeeds Kraig Paulsen (R) who is not seeking re-election in 2016. When Upmeyer takes over as speaker, she and Senate President Pam Jochum (D) will be the legislature’s first female presidingofficer duo, The Globe Gazette reports.

“That was my right to try. We gave it a shot and we got it right.”

—Minnesota Representative Nick Zerwas (R), an author of the state’s new “right to try” law, on the experimental heart procedure that saved his life when he was 15, in the (Minneapolis) Star Tribune.

NEWSMAKERS THE FIELD OF GUBERNATORIAL CONTENDERS GOT A LITTLE MORE CROWDED IN VERMONT, where current Governor Peter Shumlin (D) has said he won’t seek a fourth term. House Speaker Shap Smith has announced he’ll seek the Democratic nomination.

“Vermont is the state I grew up in, it’s the state I came back to, it’s the state I love, and it’s the state I seek to lead,” he said, according to the Burlington Free Press. Smith, an attorney in Burlington, was first elected to the House in 2002 and became speaker this past January. He plans to continue as speaker during his campaign.

Other contenders include Lt. Governor Phil Scott (R), Secretary of Transportation Sue Minter (D), Google executive Matt Dunn (D) and H. Brooke Paige (R), who’s also running for attorney general.

“It makes for great TV to arrest a drug lord. But it’s not such great TV to show someone coming out of treatment.”

—Maine Senator Anne Haskell (D) on the governor’s plan to use the National Guard to address the state’s heroin epidemic, in the Portland Press Herald.

FORMER CONNECTICUT SENATOR EILEEN DAILY (D) DIED IN LATE JULY. She was 72. Active in NCSL, Daily represented her Senate district for 20 years before deciding not to seek re-election in 2012. “For decades, she was a tenacious fighter for her constituents and a committee chair who wielded enormous respect among colleagues—and she did it with a smile on her face,” Governor Dannel P. Malloy (D) said in a statement. “Eileen was one of the toughest elected officials in the state, yet her jovial disposition always made those around her feel at ease. She represented the best of public service and politics. … This is a loss for all of us. Eileen will indeed be missed.”

“The money is there. Now it’s our job to get rid of the shell games, make the tough decisions and institute real budget reforms.”

—Alabama Senator Paul Bussman (R), who has proposed unifying the two state budgets, removing all earmarks and capping spending on Medicaid and prisons, on AL.com.

STATE LEGISLATURES

KENTUCKY HOUSE SPEAKER GREG STUMBO (D) WANTS EVERYONE TO FEEL COMFORTABLE coming into the Capitol, “knowing that he or she is going to be treated equally and fairly.” So he’s proposed moving a statue of Confederate President Jefferson Davis from its current place in the rotunda, its home since 1936, to the state historical museum, also located in Frankfort. The monument’s fate is uncertain, however. A state commission and residents who responded to a poll overwhelmingly favor letting the stone Davis remain right where it is. Stumbo is undeterred. “If they had the courage to do it in South Carolina, surely we’ve got the courage to stand up and do what’s right in Kentucky, for every Kentucky citizen,” he said.

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TRENDS

Felon Voting Rights

A

one-time encounter with the justice system can have lasting effects on an individual in more ways than one. For starters, those who have been imprisoned are far more likely to become inmates again. Within five years of release, 76.6 percent of prisoners are rearrested, according to the Bureau of Justice Statistics.

Then there are voting rights. Some 5.9 million Americans will be barred from voting in the 2016 presidential election because of a felony conviction, according to the Sentencing Project, an advocacy group for loosening restrictions.

From the time they were written, most state constitutions have permanently denied voting rights to people convicted of felonies. But states began reversing those prohibitions in the mid-20th century, and the trend has continued. Currently, 11 states permanently ban some felons from voting.

Advocates for restoring voting rights say voting can reduce recidivism by fostering a greater commitment to and involvement in the local community. They also point out that without a parental role model, children of disenfranchised voters are less likely to vote themselves, creating a cycle of disengagement.

Others say felons shouldn’t be allowed to vote because they

committed serious crimes. They’ve lost the public’s trust. A loss of freedoms is simply a consequence of their poor judgment, they argue. It’s just how the judicial system works.

Except for Maine and Vermont, all states restrict felon voting rights to some degree. Thirteen states ban only felony inmates from voting, four also include parolees, and 20 include both parolees and probationers.

Consequently, the percentage of felons who cannot vote varies by state. The rate is highest in Florida, where 10.4 percent of the voting age population is prohibited from voting, according to The Pew Charitable Trusts. The national average is 2.5 percent.

The Florida Legislature rejected recent measures to expand felon voting rights.

In 2015, North Dakota and Wyoming enacted legislation easing voting restrictions for ex-offenders, while 17 other states and Puerto Rico considered similar legislation. Maryland’s governor vetoed a bill.

With a presidential election nearing, felon voting rights is likely to remain a popular topic as candidates from both parties have expressed support for re-engaging citizens whose votes could make a difference in some states.

—Zita Toth

Fighting Revenge Porn

T

he damage a private photo can do once it’s posted on the Internet, the embarrassment and distress it can cause the victim, and the challenge it can be to remove it highlight just how horrible “revenge porn” can be.

In April, Kevin Christopher Bollaert was sentenced to 18 years in custody after being convicted on identity theft and extortion charges in connection with a pair of websites he operated. One site displayed naked and sexually explicit pictures, mostly of women, posted by angry former romantic partners. When people requested that pictures be removed, they were directed to another website that charged up to $350 to take the photos down. Bollaert was ordered to pay a $10,000 fine and $15,000 to each of his victims.

After Bollaert was charged, but before his conviction, California enacted legislation criminalizing the distribution of revenge porn if it causes the victim serious emotional distress.

Since 2013, about half the states have enacted laws that, generally, criminalize the unauthorized distribution of sexually explicit images of another person with the intent to embarrass, harass or frighten that person. The laws vary in their details and in the penalties imposed. Without specific laws against the practice, victims are limited to pursuing stalking or harassment charges, filing a OCTOBER/NOVEMBER 2015

civil action or registering for copyright protection of the photos, all of which can be difficult to achieve.

Even search engine giant Google Search has joined the conversation. Shifting from its previous philosophy that its search function “should reflect the whole Web,” Amit Singhal, senior vice president, stated in June that the company would “honor requests from people to remove nude or sexually explicit images shared without their consent from Google Search results.”

Critics argue this legislation can be overbroad and infringe on free speech. In July, a federal court ordered Arizona prosecutors to halt enforcement of the state’s 2014 law. The advocacy group Media Coalition Inc. had challenged the law as a restriction on speech that criminalizes a wide range of newsworthy, artistic, educational and historical images. Media Coalition represents most U.S. booksellers, publishers and librarians; film, recording and video game producers; and home video and video game retailers.

Although states have been leading the way in crafting bills to tackle the problem, Congress may take action as well. U.S. Representative Jackie Speier, from California, is working on federal legislation.

—Pam Greenberg and Kevin Frazzini

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STATE LEGISLATURES

Battle on the e-Gridiron

TRENDS

Employers Dealing Payroll Cards

P

ayroll cards have become a popular alternative to paper checks and direct deposits for paying wages. Lawmakers have tried to balance promoting their use with protecting employees from hidden and unclear fees. Payroll cards operate much like prepaid debit cards. They can be loaded with employees’ wages and used in stores or online to buy goods or pay bills. Cards are often branded by American Express, Discover, MasterCard or Visa and can be used to get cash from ATMs, bank tellers or through convenience checks.

I

n the fantasy sports world, players act as owners to draft teams that compete against each other based on the performance of real-world athletes. It all involves a bit of make-believe, but there’s nothing imaginary about the number of people playing or the amount of money involved. An estimated 56.8 million North Americans will participate this year, and each will spend around $465. That’s 15.3 million more fans than in 2014, according to the Fantasy Sports Trade Association.

A recent twist on traditional fantasy sports involves daily competitions in which players’ teams compete not for a whole season but for just one day. These daily sites are legal, even though most forms of online gaming are not, and sports betting is illegal everywhere outside of Nevada. Why? The answer comes from a combination of federal and state laws.

The federal Professional and Amateur Sports Protection Act bans betting on sports, except through Nevada’s well-known sports-wagering businesses and the sports lotteries of Delaware, Montana and Oregon. All of these were in operation before Congress passed the legislation in 1993. In theory, the law should apply to fantasy gaming, but no fantasy player has ever been challenged. Fantasy sports were exempted from the ban in the Unlawful Internet Gambling Enforcement Act of 2006 as well.

Although the federal laws can provide a framework, gambling is typically regulated by the states. Currently, only Montana explicitly prohibits fantasy sports if played over the Internet. Fantasy games are considered to be illegal in Arizona, Iowa, Louisiana and Washington, as well, but not because of specific bans. Confusion comes from vague laws, conflicting attorneys general opinions and assumptions made by public officials. Lawmakers in those states have introduced bills over the last two years to clarify and formally legalize fantasy sports, but none have passed.

Lawmakers in Indiana, Massachusetts and Pennsylvania have introduced legislation to allow casinos or lotteries to offer daily fantasy games. And in Texas, a bill was introduced to require sports betting sites, including fantasy sports sites, to obtain licenses. As fantasy sports continue to grow in popularity, more states are likely to clarify their positions on the games.

—Jonathan Griffin STATE LEGISLATURES

Proponents argue that payroll cards are safer and more convenient than getting paid in cash or by paper check. The cards are protected like traditional debit cards under the Federal Reserve Board’s Regulation E. For employees who don’t use financial institutions or who cash their paychecks, payroll cards eliminate check-cashing fees. Employees can also use monthly transaction records to track their spending, and if a card is lost or stolen, the transactions can be disputed and the funds replaced, if necessary.

Consumer advocates are concerned that some of the fees the cards charge are hidden. They also claim that the terms, conditions and available options are not always clearly disclosed.

Although payroll cards eliminate check-cashing fees, some card providers charge for ATM transactions, point-of-sale and customer service, overdrafts and access to account balances.

Twenty-two states and Puerto Rico have enacted legislation authorizing the use of payroll cards. Georgia and Rhode Island enacted legislation this year. Twenty states and Puerto Rico apply the law to all employers, while Texas and Washington apply the law specifically to institutions of higher learning. In Florida, a new law requires labor pool employers to give employees notice before switching to a pay card system. The employer also must give workers a list of nearby businesses that provide free withdrawals.

—Heather Morton

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STATELINE

Faster Permits for Free-Range Deer

2

Drivers who kill deer in auto crashes in Wisconsin now don’t have to wait as long to start preparing their critter dinner. The state recently streamlined the process of acquiring the permit necessary to keep the game meat. Motorists simply contact a Department of Natural Resources call center, which can issue a permit by email at any time of day or night. In the past, motorists were required to call local police who sent an officer to issue a permit before an animal carcass could be removed from a crash site. About 26,000 deer are killed by vehicles every year, according to the DNR. Drivers have 24 hours to request a permit, and still must contact police if crash damage to a vehicle is $1,000 or more, or if a turkey or bear was involved.

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Pot-Free Parkland

Alexander Hamilton: That’s a Rap

1

Founding Father Alexander Hamilton is still making connections, long after his fatal encounter with Aaron Burr along the Hudson River in 1804. Two state senators—Chap Petersen and Donald McEachin, both Virginia Democrats—claim ancestry with Hamilton, and now the nation’s first Secretary of the Treasury is the subject of a well-received Broadway musical, titled simply “Hamilton.” Lin-Manuel Miranda, who conceived, wrote the lyrics and music for, and stars in the production, has said his inspiration was the best-selling biography “Alexander Hamilton,” by the historian Ron Chernow. The hip-hop connection?

Miranda told the New York Times that he saw in Hamilton’s difficult childhood echoes of rap stars Jay Z, Eminem and Biggie Smalls. “I recognized the arc of a hip-hop narrative in Hamilton’s life,” he said.

And hip-hop was the perfect musical style for a story set during the American Revolution, because it’s “the language of youth and energy and rebellion.”

With illegal pot operations on the rise in California’s parklands and forests since voters approved medical marijuana use in 1996, a new law gives the state Department of Fish and Wildlife more power to fight back. “Some of these unregulated grow-sites are responsible for the release of rodenticides, highly toxic insecticides, chemical fertilizers, fuels and hundreds of pounds of waste dumped into the surrounding habitats and watershed systems,” Senator Bill Monning (D) said. In addition, at a time when the state faces historic drought conditions, some growers steal water by constructing dams or diversions. Monning’s bill, signed recently by Governor Jerry Brown, sets fines of up to $40,000 for illegally dumping many kinds of hazardous materials into rivers and streams, and up to $10,000 for removing trees or trapping and killing wildlife, the Los Angeles Times reported.

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Good Snooze for Students

New Jersey lawmakers sent Governor Chris Christie a bill requiring a study of the benefits of later start times in middle and high schools. The legislation, which Christie signed this summer, comes amid growing concern from health officials that teens aren’t getting enough sleep. A recent Centers for Disease Control and Prevention report linked lack of sleep to health risks—being overweight, drinking alcohol, smoking tobacco, using drugs—as well as failing classes. And the American Academy of Pediatrics last year reported that later school start times are more in line with teens’ biological sleep patterns. Under the law, the Department of Education will look at the effects of starting school at 8:30 a.m. or later, as recommended by the pediatricians’ group. Currently, about 85 percent of Tears in Their Craft Beers?

New Jersey middle Colorado is a leader on retail marijuana, but when it comes to beer, some say and high schools start the state is stuck in the past along with Kansas, Minnesota, Oklahoma and before 8:30, according Utah, all of which limit grocery stores to selling the low-alcohol 3.2 version. to the CDC. Some Lawmakers’ efforts over the years to revise the laws, which date to the school leaders and 1930s, have gone flat. But things could change if the group Colorado parents say delays Consumers for Choice gathers enough signatures to put the could conflict with question on the 2016 ballot. “Since 1933, we have invented extracurricular soft-serve ice cream, rock ’n’ roll, space travel, the Internet activities and family and the cellphone, but you still can’t buy real beer or schedules, but wine in a Colorado grocery store,” the group’s website most New Jersey says. On the other side is Keep Colorado Local, students no doubt a group of liquor store owners, craft brewers, are wondering, distillers and winemakers who say changing What took you so the laws would put jobs and the state’s long? $1.15 billion craft brewing industry at

5

risk. It might be the voters who make the last call.

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STATE LEGISLATURES

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STATELINE

License to Drone

Show Me Farmers Keep It ‘Legit’ A new constitutional amendment forever guarantees Missourians the right to farm—they just need to be sure their crops are “legitimate,” a judge decided.

A public defender for a Jefferson City woman arrested in 2012 for allegedly growing marijuana in her basement argued that she was protected by the rightto-farm amendment, added to the state constitution last year. The “argument that growing marijuana in a basement constitutes a ‘farming or ranching practice’ goes way beyond the plain meaning of ‘farming or ranching practice,’” the county judge wrote. “Simply put, marijuana is not considered a part of Missouri’s agriculture.” The judge ruled that the amendment applies only to livestock and “legitimate” crop cultivation, the St. Louis Post-Dispatch reports. The voters may get to decide whether to legalize marijuana, if backers can gather enough signatures to put the question on next year’s ballot. Meanwhile, the Jefferson City grower’s case continues.

8

Hang Up and Camp Kids are getting bigger while state park budgets are wasting away, Stateline reports. Obesity more than doubled in children and quadrupled in adolescents over the last 30 years, according to the Centers for Disease Control and Prevention. Meanwhile, legislative funding for state parks has dropped by about 10 percent nationwide in the last five years, according to the National Association of State Park Directors. To lure kids away from their phones and video games and into the parks, several states are sponsoring camping trips, running conservation programs or organizing outdoor classrooms where students learn about wildlife and ecology.

A relationship to nature, with an understanding of how clean air and clean water are produced are needed for kids care about doing anything about the stewardship of the earth,” said Nita Settina, superintendent for the Maryland Park Service.

9

Pennsylvania could see new limitations on the use of unmanned aerial vehicles if legislation introduced by Senator Mike Folmer (R) becomes law. The bill would put a twoyear moratorium on drone use by state and local agencies, including law enforcement. Folmer has said he fears people’s constitutional rights “are being threatened by 21st century technology.” His bill would prevent the use of drones equipped with cameras, except in some emergency situations, such as natural disasters and search-and-rescue operations. However, National Guard and Department of Defense units could use them for training, as could state and local agencies with a warrant.

Meanwhile, a new North Dakota law requires police using a drone to get a search warrant but allows them to outfit their drones with “less than lethal” weapons, such as Tasers or tear gas. Twenty-six states have drone laws, but most address their use by citizens, not the government. Any use of a mechanized drone still requires FAA approval.

Tops in Transparency Seven states earned high marks in transparency on the Sunlight Foundation’s recently updated report card. The nonprofit foundation, which advocates for openness at all levels of government, evaluated each state based on disclosure of lobbyist activity and compensation, expenditure transparency, expenditure reporting thresholds and document accessibility. Just like in a classroom, the states’ grades fall on a classic bell curve, with seven A’s, 15 B’s, 12 C’s, 12 D’s and—ouch!—four F’s.

States earning Sunlight’s A grade: California Massachusetts New Jersey New York North Carolina South Carolina Wisconsin

10

Not Cool at School This year, the Montana Legislature made it illegal for anyone under age 18 to buy, possess or consume alternative nicotine or vapor cigarette products. Now, following the legislators’ lead, the Bozeman School Board has put the alternative tobacco products on its list of items banned from school grounds, for students and adults alike—and for good measure, it added powdered alcohol. Walking into school with either of the products, like possessing regular tobacco or drugs, can result in students being disciplined. The school district’s decision was unanimous, but the Legislature’s was not.

Representative Denise Hayman (D) said many parents and coaches were “terrified” about e-cigarettes because little is known about nicotine vapor, and adults see it as “a first step,” according to the Bozeman Chronicle. Opponents, such as Representative Nicholas Schwaderer (R), argued vapor cigarettes can help kids quit smoking.

Forty-six states prohibit young people from buying e-cigarettes.

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EARLY CHILDHOOD EDUCATION

Preschool Is for Real Funding is up, as is enrollment, as states continue to invest in high-quality early childhood education to help kids succeed.

BY JULIE POPPE AND ROBYN LIPKOWITZ

Julie Poppe and Robyn Lipkowitz cover early childhood education issues for NCSL’s Children and Families Program.

I

magine yourself as a preschooler. Everything’s an adventure, from pretending you’re a superhero to chasing a butterfly to painting a self-portrait. There is so much to explore, discover and learn at preschool, and it all feels like play—hours and hours of play.

But behind all the fun and games, preschool teachers have one very serious goal: To prepare children for kindergarten and future academic success. To achieve that, they have the daunting task of helping young children learn specific social, emotional, physical, linguistic, cognitive, literacy and math skills, which are defined in state learning guidelines or standards. All this sounds very much like school, although preschool teachers make it all feel like play.

“There’s always a push to make preschool look more like school,” says Shari Funkhouser, a preschool teacher with 18 years of experience from Asheboro, North Carolina. “With that comes a push for more data,” she says, “which leads to more assessments. But no test can really measure all the important growth that occurs in preschool.”

Preschool programs are sprouting up as statewide or pilot initiatives, and public funding is increasing. Forty-one states and the District of Columbia have funded voluntary preschool.

Whether it’s half-day or year-long, preschool is now available to more than 1.3 million kids, according to the National Institute for Early Education Research. States spent $6.3 billion on preschool last year, compared with $2.8 billion in 2005.

Nationally, the percentage of children eligible for preschool who actually enrolled rose to

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EARLY CHILDHOOD EDUCATION

“Getting kids ready for school helps them get ready for life.”

—REPRESENTATIVE SARAH BUXTON, VERMONT

29 percent in 2013, up from 14 percent in 2002.

That still leaves many kids without the benefits of preschool. And an estimated 52 percent of low-income kids and 25 percent of moderate- or high-income kids arrive on the first day of kindergarten unprepared, lacking in many of the skills considered essential to learning.

For those children who don't receive what they need at home, many believe preschool can help.

Why Preschool?

One reason for the recent focus on preschool comes from brain researchers and developmental psychologists who are discovering how critical the early years are for developing healthy brains. That’s when the most rapid proliferation of new neural connections occur. These connections provide a foundation on which to learn and grow, and to be physically and mentally healthy.

The most frequently cited reason for the renewed interest in preschool, however, is concern over the widening achievement gap between rich and poor children. The statistics are telling. By age 3, an 18-month gap opens up in language skills between low-income children and their wealthier peers.

Significant differences exist in how parents and children interact based on their socio-economic backgrounds, according to

The Word Gap Differences in how parents and children interact based on their socio-economic backgrounds leads to wealthier children being exposed to words much more often than their lower-income peers.

College-Educated Parents Working-Class Parents Low-Income Parents

Betty Hart and Todd Risley at the University of Kansas, who conducted a groundbreaking study in 2003. These differences have an impact on children’s language and vocabulary. Researchers calculated that by age 4 the wealthier children had heard 30 million more words spoken than their lower-income peers.

Starting school behind sends most children on a scholastic trajectory that limits their educational choices and affects their future academic and workforce success.

Researchers with the Institute of Education Sciences, after studying 22,000 children through fifth grade, concluded that children who begin school behind rarely, if ever, get ahead. Not only do they pay a price, so does society.

“Children who aren’t able to access high-quality early learning experiences— for whatever reason—are far more likely to challenge the resources of our education, corrections and social welfare systems,” says Vermont Representative Sarah Buxton (D).

To help school districts, private programs and parents, Buxton supported legislation last year that moved the state closer to universal access. It increased funding for additional preschool hours and set a uniform tuition rate for public and private programs. “Getting kids ready for school,” she says, “helps them get ready for life … and be happy, smart, stable adults.”

Parents, policymakers and researchers are not the only ones sounding the alarm.

Military leaders and business executives are concerned about the growing achievement gap as well. They see far too many young people who lack the basic academic skills needed to perform well in the current job market or to pass military entrance exams.

And law enforcement officials say many young offenders are high school dropouts with poor academic skills.

Whose Role Is it?

Along with concerns over the disparities in achievement, however, come concerns over parental rights, big government and a growing “nanny state.”

“The long-term success of early education will depend on preserving ... a firm commitment to parental choice and engagement,” says Katharine B. Stevens

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EARLY CHILDHOOD EDUCATION Funding Sources The average annual cost per preschool student was $4,679 in 2014.

work in the state, so this is really helping out these working parents,” Flakoll says.

Legislation that offers parents options is more likely to attract bipartisan support. Several states have expanded publicly funded preschools recently to include private child care centers, community organizations, faith-based centers, military agencies and colleges.

Return on Investment

State Contributions 87% Local Contributions 7% Federal Contributions 5% TANF Contributions 1% Source: The National Institute for Early Education Research, 2014 Yearbook

from the American Enterprise Institute.

Maintaining parental choice is essential to many who believe government should stay out of family decisions. Like North Dakota Senator Tim Flakoll (R), chairman of the Education Funding Committee, they believe “parents should be the first teachers of kids.”

With that in mind, lawmakers in North Dakota funded a new preschool pro- Senator gram specifically to support Tim Flakoll North Dakota parents—many of whom have recently been drawn to the state by its booming economy. “We have job openings for nearly everyone who needs

Preschool can be expensive, and funding—where it comes from and who receives it—can lead to contentious discussions.

From a purely financial standpoint, however, James Heckman, a Nobel laureate economist at the Center for the Economics of Human Development at the University of Chicago, says publicly funding preschool makes sense. The most efficient and cost-effective investments in education are those made in the early years of life, he says. They offer a greater return on investment than programs that target adults, who generally find it more difficult to learn new skills.

To get the biggest bang for the buck, according to Heckman and others, states should invest in the very young. But not just any early education program will do. When it comes to preschool, quality matters.

“Quality is No. 1,” says Mississippi Senator Brice Wiggins (R). “Whether a preschool program has staying power and provides long-term benefits depends on how good it is. Research shows that high-quality, evidence-based programs provide benefits that take hold and lay the foundation for results later on,” Wiggins says. “The better the program, the more long-lasting the benefits.”

Who and How Much?

The percent of 4-year-olds attending a public preschool has increased while average per-student funding has decreased since 2002.

“Quality is No. 1.”

—SENATOR BRICE WIGGINS, MISSISSIPPI

It’s not just that good programs improve achievement. Studies have also shown that poorly run programs can actually do harm.

It’s well worth it to do what it takes to get schools from not-so-good to great, says Steve Barnett with National Institute for Early Education Research at Rutgers University.

It’s a simple formula. “If you pay for high quality, programs will produce stronger results,” Barnett says.

But will the improvements last?

Long-Term Questions

Funding per child

Skeptics say many of the gains made during preschool disappear by third grade— what is often called the “fade-out” effect.

David J. Armor, George Mason University professor emeritus of public policy, argues in the Washington Post that “the few top-quality studies out there reveal few, if any, lasting benefits.”

4-year olds

Source: The National Institute for Early Education Research, 2014 Yearbook

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Others disagree. It’s difficult to know which skills will diminish over time and which will persist or even appear later.

“That is, early measures may not capture the full long-term impact of the program,” says Rob Grunewald, economist at the Federal Reserve Bank of Minneapolis. The bank got involved in preschool issues over concerns that our future workforce would be ill-prepared and lack the skills needed to lead our country.

Despite concerns, legislation to strengthen preschool in various ways has found strong bipartisan support in most states. “My fellow Republican lawmakers are warming up to the idea, especially preschool’s long-term impacts,” notes Wiggins.

After assessments of the state’s children showed that two-thirds of all 5-year-olds were not ready for kindergarten, Wiggins sponsored legislation in 2013 to provide $3 million to fund preschool for nearly

Portion of Children in Public Preschools About 86 percent of the more than 1.3 million 4-year-olds who attend preschools enroll in publicly funded ones.

None 1%– 20% 21% –40% 41% – 60% 61% – 80%

Source: The National Institute for Early Education Research, 2014 Yearbook

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EARLY CHILDHOOD EDUCATION Innovative Solutions Utah has experimented with a couple of interesting ways to address problems of school readiness, grade retention and special education rates in 2014.

To finance a new statewide early education program for more than 3,500 children, lawmakers approved legislation, sponsored by Representative Greg Hughes (R), that creates a School Readiness Board to negotiate “resultsbased” contracts with private entities.

“We are constantly looking, because of the finite dollars we have in public education, for innovation, efficiencies and smart practices,” Hughes says.

In 2008, the Legislature established a digital in-home preschool program called UPSTART. The program, supported with state funding, recently won an “Investing in Innovation” federal grant.

As part of the program, a learning coach contacts families on a weekly basis in English or Spanish to help monitor and improve the child’s progress. Statistics show that, regardless of their ethnicity or socio-economic status, children in the program are making gains in school readiness skills.

“We are constantly looking ... for innovation, efficiencies and smart practices.”

—SPEAKER GREG HUGHES, UTAH

1,800 children.

The senator’s interest in early education stems from his time as a state prosecutor, when he saw “too many underage offenders who lacked education.” He believes in the “pay now or pay later” theory voiced by many law enforcement and criminal justice officials.

Big Investments for Little Ones In the last two years alone, 35 state legislatures and the District of Columbia have increased funding for new and existing prekindergarten programs.

California legislators made their biggest investment in more than a decade last year: $273 million, including $25 million for professional development for teachers. And Michigan lawmakers, over the last two years and with strong, bipartisan support, have increased funding from $110 million to almost $240 million.

Lawmakers in Minnesota, New York and Pennsylvania have also voted to make large investments in their prekindergarten programs in the last two years.

Federal funding increased this year as well after a coalition of philanthropic, business, education, advocacy and elected leaders gathered at a White House Summit to discuss expanding early education.

As a result, more than $220 million in new federal funding was available this year to states with preschool enrollment rates below 10 percent.

Alabama, Arizona, Hawaii, Montana and Nevada received the first development grants. And Arkansas, Connecticut, Illinois, Louisiana, Maine, Maryland, Massachusetts, New Jersey, New York, Rhode Island, Tennessee, Vermont and Virginia have received expansion grants. The future OCTOBER/NOVEMBER 2015

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of this program is uncertain, however, as Congress has not yet renewed it.

An Eye on Quality Lawmakers have targeted improvements to areas that directly influence quality, including teacher qualifications.

The Institute of Medicine recently recommended that preschool teachers have a bachelor’s degree along with specialized training in early childhood education. Even though more than 30 states already require teachers in public preschools to have a bachelor’s degree, only 57 percent of all preschool teachers do, and only 34 percent of assistant teachers are certified.

EARLY CHILDHOOD EDUCATION

The Quest for High Quality What does a high-quality preschool look like? According to the National Institute for Early Education Research at Rutgers University, great programs include: • Comprehensive state standards for what preschool children need to learn • Lead teachers with bachelor’s degrees and specialized training in a prekindergarten area • Assistant teachers with appropriate certificates • At least 15 hours a year of professional training for teachers • Class sizes limited to 20 students • A staff-to-child ratio of 1-to-10 or better • Children’s vision, hearing and health screenings and referrals • At least one additional support service for families • Meals offered regularly • Adequate monitoring of program quality, including site visits by evaluators

and using state-approved curricula before receiving any of the new grant money.

School districts also have to track and report certain data for the first time.

And Mississippi’s new prekindergarten program was developed to meet all 10 of Rutgers early education quality benchmarks listed above.

Waiting for the Future Finding qualified teachers may be difficult. Salaries don’t exactly attract people to the profession. Although preschool teachers with bachelor’s degrees can make more than $40,000 a year, depending on the type of preschool, the nation’s average salary for all preschool teachers is less than $30,000.

Some states focused on funding more teacher training and coaching, credentialing community providers or establishing quality rating and improvement systems.

Other reforms tageted class sizes, student-to-teacher ratios and curricula. Indiana lawmakers decided to start with a pilot program focused on quality and evaluation to “make sure we are doing it right,” says Rep-

resentative Robert Behning (R), chairman of the Education Committee. Behning’s legislation targets low-income children who are not enrolled in Head Start and offers parents choices through public Representative schools, including charter Robert Behning Indiana schools, or private providers, including child care centers, private homes or religious groups. The state is funding the program with reallocated federal child care money.

Texas lawmakers now require school districts to meet certain quality requirements, including having certified teachers STATE LEGISLATURES

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How effective will all this new investment in high-quality preschools be? Finding out will require patience—at least 10 or so years of it. Meanwhile, preschoolers will continue to be preschoolers, playing tag, learning the alphabet, singing songs. They will learn and grow and develop. And those in high-quality preschools will likely show up on the first day of kindergarten, prepared and eager to sail through the next 12 years.

Teachers don’t need statistical proof to measure that kind of success. “We know where they were when they arrived and, large or small, we can see the changes,” says teacher Funkhouser.

“We know we have made a difference in their futures.”

TRANSPORTATION

On the Road Again “The longer Congress waits, the more limited states’ options become.”

—REPRESENTATIVE JUDY CLIBBORN, WASHINGTON

States take the wheel on transportation funding as Congress sputters along.

BY KEVIN PULA

Kevin Pula is a policy associate in NCSL’s Environment, Energy and Transportation Program. Doug Shinkle contributed to this article.

T

ired of the uncertainty and lack of movement at the federal level, state legislatures passed a variety of transportation funding bills this year, leaving Congress stuck in the slow lane, failing to get beyond yet another short-term extension of the federal bill. More than one-third of the states found ways to increase investments in transportation this year; at least 24 states have done so since 2012.

According to the Congressional Budget Office, federal spending on transportation and water infrastructure was $96 billion in 2014, down 21 percent from a high of $122 billion in 2002, adjusted for inflation. As federal spending on highways has waned in recent years, states and localities have had to increase spending, forcing lawmakers to look deep and wide for new funding sources.

“We cannot wait indefinitely for support from the federal government,” says Washington Representative Judy Clibborn (D), who led the Washington House Transportation Committee as it passed a $16.1 billion funding package this year. Conversations regarding new transportation revenue began in 2012, after “we learned more about the need for additional state funding,” she says.

Clibborn believes “the longer Congress waits, the more limited states’ options become,” and

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this affects long-term planning for transportation infrastructure vital to state economies and public safety, recreation and health.

The funding changes lawmakers made were not limited to any particular region or political party and were about as diverse as the states themselves.

Gas Taxes Adjusted Georgia, Idaho, Iowa, Nebraska, South Dakota, Utah and Washington this year enacted gas-tax increases ranging in size from 6 cents per gallon to 11.9 cents.

South Dakota lawmakers passed one of the more broad-based packages. Along with a 6-cent increase in the gas tax, it includes higher vehicle and truck registration fees and more options for counties to raise transportation revenue. The law also requires the secretary of transportation to report to lawmakers annually “so we know what is going on,” says South Dakota Senator Mike Vehle (R). Before the package was ever considered, however, Vehle needed “to know if it was really necessary to raise more revenues.”

Subsequent studies found 11 percent of the state’s roads rated either poor or fair. But the real game changer for Vehle was that by 2025 that portion was estimated to increase to more than half. And the future for bridges didn’t look

TRANSPORTATION

“If you’ve got it, a road brought it.’ Not much is parachuted in these days.”

—SENATOR MIKE VEHLE, SOUTH DAKOTA

Revenue Streams The Various Sources That Fund Government Transportation Projects

any brighter. Vehle knew that “if we don’t do anything and our roads are in this kind of condition in 10 years, there’s going to be a lot of people saying, ‘What in the devil were you guys in the Legislature doing?’”

Elsewhere, in Kentucky and North Carolina, lawmakers restructured their percentage-based gas taxes to prevent revenues from dipping further because of lower gas prices.

The Utah Legislature elected to allow the gas tax to track with the state’s economy, while lawmakers in Georgia, Kentucky and North Carolina changed how they tie the tax to the state economy.

Additionally, gas taxes in Maryland, Nebraska, Rhode Island and Vermont automatically increased because of indexing or other mechanisms that adjust taxes in those states without legislative action.

New Fees and Bonds, Too Three legislatures established special registration fees on electric or hybrid vehicles. Georgia now charges $200 a year for an electric vehicle, Idaho charges $140 ($75 for a hybrid) and Wyoming requires electric car owners to purchase a $50 decal.

Three states passed bond packages.

Connecticut authorized $2.8 billion in bonds for its 30-year, multi-modal trans-

portation investment program. Massachusetts approved $200 million in bonds for local road repair projects. And Mississippi lawmakers OK’d a $200 million bond package, primarily for bridge repairs.

The Delaware General Assembly increased a variety of transportation fees and taxes, including the new- and used-vehicle sales tax, which went from 3.75 percent to 4.25 percent.

Lawmakers in North Dakota tapped a state fund created from mineral sales and leases to provide $800 million in one-time “surge funding” for transportation. And in Vermont, legislators created a “floor” on the wholesale price of gasoline to limit the potential decrease in revenues generated by their 2 percent transportation infrastructure assessment on motor fuel.

A handful of states will ask voters to approve transportation funding packages this fall. Louisianans will decide whether to divert surplus rainy day funds to transportation. Mainers will vote on an $85 million bond package. Voters in Nevada will determine whether counties will be allowed to link local fuel taxes to inflation. And lawmakers in the Lone Star State are asking voters if $2.5 billion in general funds should be diverted to transportation.

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Note: Local vehicle tax revenue includes a small amount of fuel revenue as well. Federal revenue is in federal fiscal years; revenue of state and local governments is in their own fiscal years or calendar years, depending on how they report their data to the Federal Highway Administration.

Source: Pew Trusts, Funding Challenges in Highway and Transit, Feb. 24, 2015.

The Quest Continues Lawmakers continue to seek adequate long-term funding for vital transportation projects. And many have found acceptable ways to invest in their infrastructure because the condition of roads and bridges affects everyone, whether they’re in the right lane or the left lane.

As Senator Vehle likes to remind his constituents: “If you’ve got it, a road brought it.

Not much is parachuted in these days.”

ON RECORD

Robert Gates Former Defense Secretary, CIA Director—and Eagle Scout

“The states have become extraordinary laboratories for experimentation and innovation.”

Mark Wolf, NCSL’s digital publications editor, conducted this interview.

R

STATE LEGISLATURES: The Boy Scout Law says that a Scout is trustworthy, loyal, helpful, friendly, courteous, kind, obedient, cheerful, thrifty, brave, clean and reverent. How did this affect you growing up?

GATES: The Scout Oath and Law have been with me all my life. I have a photograph of my father in the study in a Boy Scout uniform in front of his house in Kansas City in 1918. He wasn’t an Eagle Scout, but he made sure both my brother and I were. It really was a formative part of my life, and my earliest experiences with leadership were in the Boy Scouts. There’s nothing quite like trying to get a bunch of 12- and 13-year-olds to do what they don’t want to do—and you’re only a year older. If you can do that, you can probably manage just about anything.

What about your experiences with the military’s “don’t ask, don’t tell” policy?

I think the same principles apply. Our folks came in and I told the president that before any action was taken, we had to consult with the troops. We had to get the views of the troops and their families about what they thought about this change, the impact it would have, their concerns and so on, so we could shape the decision to take those concerns into account.

For the first time probably ever, the military actually had a conversation with itself about this subject and, lo and behold, when we got those surveys back, twothirds of the people said that a change wouldn’t have any impact or, in fact, might make the services better. So this was a process that I wanted to emulate for the Boy Scouts.

What approach are you taking with the Boy Scouts since the organization repealed its ban on gay Scoutmasters?

My approach is the same as it was in leading the intelligence community and CIA, and then being president of Texas A&M and finally secretary of defense, which was having an inclusive decision-making process. People aren’t surprised, and they have an opportunity to weigh in with their opinions. I think when people feel they’ve been a part of the process and they’ve been respected, it’s much easier for them to agree to a decision or support a decision, even if, in fact, originally they didn’t.

What do you think of the way the VA is handling the care of returning veterans?

Part of the problem with the VA also affected the Department of Defense, and that was nobody thought these wars were going to last very long, nobody dreamed that the casualties would be as great in numbers as they were, and that there would be so many young people with such severe wounds

obert Gates, currently president of the Boy Scouts of America, has served the country as secretary of defense, as director of the CIA and as an intelligence professional at the National Security Council and the White House under eight presidents.

He has been president of Texas A&M University and the National Eagle Scout Association. He’s served on many boards, won numerous awards and written several books.

A native of Kansas, he earned a doctorate in Russian and Soviet history from Georgetown University.

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ON RECORD

PHOTOS BY AARON BARNA, WASHINGTON LEGISLATIVE SUPPORT SERVICES

closer to the voters, and has to be more responsive to actually getting things done.

Ideological paralysis in a state has more immediate consequences and is more intolerable to the people of that state.

The states have become extraordinary laboratories for experimentation and innovation and how you deliver services, how you try and control costs and things like that.

In most states, being in the legislature is not a full-time job. State legislators are just more connected to the real problems people are facing, and probably feel more accountable.

that would require years of rehabilitation.

The VA was suddenly flooded with these young men and women, and totally unprepared for it. And they were incredibly slow in coming to deal with it.

There are also a lot of bureaucratic problems. The VA is probably the most micro-managed organization in the government by Congress, because every member of Congress is sensitive to veterans and veterans’ interests, and so there’s a lot of very close congressional attention to VA, and some of it, maybe a lot of it, is not very productive in terms of how you make VA work better.

I think that VA Secretary Robert McDonald is a good man with good qualities, but I think he faces what a lot of

business people do when they’re brought in to head a government agency—they’re faced with obstacles and difficulties in getting the job done that they’ve never encountered before.

Based on your experience with Congress, what advice would you give state legislators?

Based on what I read, in most states the legislatures are actually pretty effective.

One thing about state government or being the mayor of a city: It doesn’t matter what your ideology is. If you don’t shovel the snow, and if you don’t pick up the trash, and if you don’t pave the roads, you’re not going to get re-elected.

State government similarly is much

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What are your views on the U.S. nuclear deal with Iran?

First of all, getting the Iranians to the bargaining table in the first place was a success for the economic sanctions policies followed under President Clinton, President Bush and President Obama. Frankly, I believe we could have negotiated a better deal. I have real concerns about the verification provisions and Iran’s compliance. I have concerns about “snapback” sanctions, not to mention the non-agreement parts of Iranian behavior in the region and so on.

All that said, I also believe that voting it down would point to significant negative consequences of its own. I think that we would be all alone. We would be isolated, not Iran. I think the sanctions would be impossible to sustain. Iran could junk the good parts of the agreement, such as the 97 percent of their enriched uranium being taken out of their hands, and the changes that are being made in some of their facilities. We would lose the pieces of the agreement that are good, and I think we would lose all of our leverage except military.

My view is we have to face the reality that we were out-negotiated and we have a flawed agreement, but the consequences of rejecting it were severe.

Editor’s note: This interview is part of a series of conversations with national leaders. It has been edited for length and clarity. The opinions expressed herein are not necessarily those of NCSL.

LEGISLATURES

Birds of a Feather Legislative caucuses bring together likeminded lawmakers and help create ways to work across the political divide.

BY SUZANNE WEISS

F

ollowing a tradition thought to be as old as state legislatures themselves, a handful of Texas House freshmen in 2013 created a mechanism to work together, across party lines, to advance a shared agenda.

The members of the Young Texans Legislative Caucus, all of whom were under age 40, were focused on issues important to their generation and the next, from college affordability to entrepreneurship to natural resources management.

Today, with just two sessions under its belt, the 32-member caucus has put together a string of modest but notable successes. Among them are bills that expand the use of crowdfunding for small businesses, create incentives to use alternative fuels and encourage financial institutions to establish branches in parts of Texas that are “banking deserts.” The caucus also pushed successfully for a bill mandating that public universities strengthen policies on campus sexual assaults, and another requiring hospitals to give parents of newborns safety information that includes a warning against leaving children in hot cars.

“Nearly six in 10 Texans are 40 years of age or younger, and that demographic definitely deserves to have a stronger voice in our legislative deliberations,” says Representative Eric Johnson (D), who co-founded the caucus.

“When I looked at the makeup of the House, I realized we had a solid core of younger members on both sides of the aisle that we could organize around to get some things done.”

Always on the Scene

Suzanne Weiss is a freelance writer and frequent contributor to State Legislatures.

Affiliations of like-minded lawmakers are nothing new, says Peverill Squire, a University of Missouri political science professor and an expert on American legislatures. “Caucuses have probably always been part of the legislative scene,” he says, and they have endured for

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“I realized we had a solid core of younger members on both sides of the aisle that we could organize around to get some things done.

—TEXAS REPRESENTATIVE ERIC JOHNSON

a simple reason: “Their members see value in them.”

Squire cited a couple of ways in which caucuses benefit individual legislators and invigorate the policymaking process.

First, they provide a mechanism to “circulate information and collectively develop ideas, including ideas that, for one reason or another, committees won’t take up,” Squire says. “They provide a chance for things to gain traction.”

In this way, caucuses “serve as alternative routes, as a challenge to existing structures and as a competing source of power to established leadership.”

Membership in a caucus also helps legislators “send a signal to their constituents that an issue is important to them,” he says. And because they are generally bipartisan, caucuses can serve as a countervailing force to the polarization that increasingly afflicts legislative deliberations.

James Henson, director of the Texas Politics Project at the University of Texas at Austin, agrees. “Caucuses allow legislators to sidestep partisan conflicts and coalesce around issue areas,” he says.

Consider, for example, the experience of two members of the Louisiana Legislature’s Acadiana Caucus—Senator Dan “Blade” Morrish (R) and Representative Jack Montoucet (D),

LEGISLATURES

“Democrat and Republican?

That never enters into the picture.”

—LOUISIANA SENATOR DAN “BLADE” MORRISH

who consider themselves party stalwarts and at opposite ends of the political spectrum.

For nearly a decade, the two have worked closely on a wide range of issues, from coastal restoration, bridge projects, flood insurance and workforce training to increased state support for the French-immersion language programs that serve more than 4,000 students, from kindergarten through the 12th grade, in the 22 parishes that make up the state’s Acadiana region.

“As caucus members, Jack and I work together to do what’s best for the people we represent,” Morrish says. “Democrat and Republican? That never enters into the picture.”

Linked by Party, Priorities, Passions By far the most established and powerful legislative caucuses are partisan—one for the minority party and one for the majority, in each chamber. They are given staff, office space and other resources to carry out their business—setting rules, electing leaders, formulating policy and strategy—much of which is done behind closed doors.

By contrast, nonparty caucuses like the Young Texans are both more informal and more open, and typically receive no funding. Most are co-chaired by a Republican and a Democrat. Often, they come and go in the space of several years, giving way to new interests, priorities and affiliations.

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In 2005 and again in 2013, NCSL surveyed legislative clerks and secretaries to get a clearer picture of the number and kind of special caucuses operating within the chambers in each state. Many of those caucuses no longer exist, according to a recent survey that included a 50-state search of legislative websites.

The survey showed that about one-third of states have no caucuses other than party caucuses. The other two-thirds have nonparty caucuses numbering from one or two—typically a women’s and a black or Latino caucus—to between 15 and 20.

But the survey also showed that new caucuses are popping up all the time: in Virginia, a 20-member New Americans Caucus, which pledges to address issues involving undocumented residents and other immigrants; in Connecticut, a 27-member Intellectual and Developmental Disabilities Caucus; and in Utah, a 21-member Clean Air Caucus.

The most numerous and longest lasting nonparty caucuses are those based on demographics. They emerged in the mid1970s as the number of blacks, women and Hispanics elected to legislatures began to increase. Today, 35 states have black caucuses, 23 have women’s caucuses and 16 have Hispanic/Latino caucuses. Nineteen states have Native American caucuses tied to a national network.

Other ethnic and cultural affiliations around which caucuses have coalesced are Asian (California and New York), Filipino (Hawaii), Irish (Pennsylvania) and Italian-American (Connecticut). Among the newest are California’s three-member Armenian Caucus and a nine-member Jewish Caucus, both formed in the past year.

The majority of demographic caucuses, according to their websites, are open to all

LEGISLATURES legislators, regardless of party, race/ethnicity or religion. But in fact, Democrats have long dominated the larger racial/ethnic caucuses—in some cases, to the point of excluding the other party.

When California Assemblyman Rocky Chavez (R) asked to join the 24-member Latino Caucus last year, for example, he was turned away and told that he ought to form his own caucus, Assemblyman where Republicans would be Rocky Chavez California more welcome. Chavez complained publicly, accusing the caucus of discrimination.

Mostly Bipartisan, Bicameral By and large, however, most caucuses are both bipartisan and bicameral.

About half of the nation’s legislatures have caucuses focused on regional needs and interests: the Everglades in Florida, for example, or the coastal counties of Maine, Massachusetts, Oregon and Washington, or rural and agricultural areas, such as Alaska’s Mat-Su Valley and California’s Inland Empire.

Some caucuses are organized around the interests of certain industries or sectors, from arts, culture, aviation and aerospace to coal, fisheries, manufacturing, steel and vineyards.

Michigan, for example, has a caucus promoting the growth of the state’s biosciences industry and another, the Dutch Caucus, nurturing long-term business, civic and cultural relationships between the Netherlands and the western region of the state.

In Texas, 16 legislators banded together in 2012 to create the Farm-to-Table Caucus, which supports the production and wider availability of home-grown foods, craft beers and regional wines. Lawmakers in Hawaii and North Carolina last year established similar groups.

The year-old TechHub Caucus in Massachusetts aims to further the state’s national and global leadership in the Big Data sector, which includes a range of advanced high-speed computing industries and data-analysis companies. And in Washington, a Competitive Caucus was

established earlier this year with the goal of safeguarding the state’s competitiveness in international trade by, among other things, streamlining regulatory processes.

Another major caucus category includes those leading the charge on behalf of a special issue. Some work broadly on big topics such as education, the environment, mental health or transportation, whereas others are tightly focused on autism, hunger, outdoor recreation, diabetes, community colleges or veterans’ benefits.

In many cases, issue caucuses are part of a network, tied to national organizations—the National Caucus of Environmental Legislators, for example, or the National Assembly of Sportsmen’s Caucuses, which has more than 2,000 members in 47 states.

Over the last several years, ideological groups—Mississippi’s Conservative Caucus, Utah’s Patrick Henry States’ Rights Caucus, Article V caucuses focused on federalism and limited government—have sprung up in about 20 states.

Finally, there are a handful of caucuses formed specifically for spiritual fellowship or social activities; they range from Bible study and prayer groups to Illinois’ White Sox Caucus and Pennsylvania’s Karaoke Caucus.

Bridging Political Divide A new wrinkle is the formation of bipartisan legislative groups modeled along the lines of the Young Texans Caucus, and part of a network called State Future Caucuses, whose stated goal is to “break through partisan gridlock and create a more constructive governing environment for the next generation.”

In Maine, where there are now 13 legislators under age 30, the newly established Youth Caucus works to broaden education, training and employment opportunities for the state’s young people.

Similarly, the PA Future Caucus, established last year by and for Pennsylvania’s under-35 legislators, has set its sights squarely on working across the political divide to get things done.

The tendency of millennials to vote and otherwise engage in politics at a lower rate than older citizens, says Representative

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Nick Miccarelli (R), the new caucus’ co-chairman, is not so much political apathy as “an expression of frustration at the lack of progress and results.” He listed measures to address the related prob- Representative Miccarelli lems of soaring college tui- Nick Pennsylvania tion costs and high levels of student loan debt as the top items on the caucus’ agenda.

Although many legislative caucuses meet infrequently and focus their efforts on a handful of issues, others put together ambitious agendas, issue news releases, maintain websites and make use of Facebook, Twitter and other social media.

The Utah Legislative Clean Air Caucus, for example, recently held a news conference at which it unveiled a package of 17 proposed bills and six appropriation requests totaling more than $5.4 million.

The proposals ranged from a higher sales tax on tires and new incineration regulations to a measure allowing the state to adopt pollution standards stricter than those set by the U.S. Environmental Protection Agency.

Changing the Conversation Of course, not every bill backed by a caucus becomes law. But having a caucus to champion a particular measure provides a collective history that can strengthen members’ commitment to introducing it year after year.

The Hawaii Legislature, for example, last year passed a bill ensuring that women who are victims of sexual assault are provided with “accurate, unbiased information” about—and access to—emergency contraception when receiving care at hospitals. It had taken nearly two decades for the measure to gain acceptance, says Senator Rosalyn Baker (D), a 21-year legislative veteran, adding, “We just kept at it.”

In Nevada, the 10-member Hispanic Legislative Caucus recently scored victories on two measures that had died in committee for several years Senator running. One is a $50 million Rosalyn Baker program underwriting, for Hawaii

the first time, English-language-learning programs in the state’s school districts.

The other is a law allowing immigrants in the country illegally to obtain a driver’s privilege card, if they carry auto insurance.

“I wasn’t sure these things would happen in my legislative career,” says Senator Mo Denis (D), who was the only Hispanic in the Nevada Legislature when he was elected in 2004. “The Hispanic community is starting to come of age.”

Senator Denis The recent successes Mo Nevada resulted from better strategies on the part of the caucus, coupled with movement into leadership positions by Denis and several other caucus members, says Andres Ramirez, who runs a political consulting firm in Las Vegas.

In years past, the Hispanic caucus largely touted its ability to stymie what it viewed as anti-immigrant legislation, Ramirez says. More recently, the caucus has moved from defense to offense, and managed to change the legislative conversation, he says.

“The tone of the past two sessions has been not about how to harm or exclude Latinos, but how do we help them and incorporate them in this state,” Ramirez says. “That’s a dramatic and tectonic shift.”

Not all caucuses will effect change on such a scale, of course. But in joining forces, often across party lines, legislators are finding ways to make progress on goals that otherwise might be impeded by partisanship or inertia.

Their flexibility to coalesce and dissolve as needed can infuse caucuses with a sense of purpose, the urgency of a mission, not to mention the strength of numbers.

Considering the success these coalitions have enjoyed since the early days of the republic, and the appeal they have for a new generation of lawmakers, they’re likely to remain a fixture on the legislative scene for quite some time.

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TOOLBOX

Everyday Creativity Practice innovation like any other skill and unleash the problem-solving genius of your staff.

BY JAIME RALL

Jaime Rall is a freelance contributor to State Legislatures and a former NCSL staffer.

I

believe the times demand new invention, innovation, imagination, decision,” John F. Kennedy said in his Democratic acceptance speech in 1960. Fifty-five years later, innovation continues to be a perennially hot topic in public policy circles, as state legislatures seek fresh ideas for leveraging scarce resources and better serving the public in a rapidly shifting world.

“A changing society requires a changing legislature,” says Mary Quaid, executive director of House Legislative Services in Louisiana.

“And change—particularly cost-effective change—requires great creativity.”

Legislative staff, in particular, are often called upon to use their creativity to improve the policymaking process. Every day, staff across the country encounter thorny problems that need creative solutions—whether it’s how to draft an effective bill, balance new technologies with rich traditions, attract talented young people into legislative careers or condense mountains of research into something clear and engaging.

“To me, creativity in the legislative environment means enhancing the process so that it is more open and transparent to the public,” says Susan Schaar, clerk of the Virginia Senate. “As legislative staff and the people who deal with the process on a day-to-day basis, it’s up to us to look for better ways to make it work.”

To spark valuable new ideas, staff leaders are working to encourage creativity within their own walls—not as a rare miracle of inspiration, but as an everyday skill that anyone can develop.

“It’s a bunch of little things you can do, not just a big wave of the wand, that will help spark creativity among legislative staff,” says Jim Tamburro, human resources administrator for Connecticut’s Office of Legislative Management. “But you’ve got to be committed to it. You can’t just go through the motions.”

By taking some of these simple steps to nurture creativity, legislative institutions can

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boost their chances of achieving key insights, smart solutions and, yes, innovation.

1. Plan time for creativity.

In hectic legislative settings, one of the biggest steps toward encouraging creativity can be just setting aside the time and space for it to happen. Good legislative staff are by nature creative, Quaid says. “So to encourage creativity in the legislative environment simply requires the encouragement of staff members and their ideas.”

“We spend time in our meetings where the staff talk about projects they’re working on and I’ll say, ‘What do you think is a better way to do it?’” Schaar says. “It’s got to come from the top down. You’ve got to allow people time to collaborate with each other, and review, and bounce ideas off each other.”

Making time for creativity doesn’t have to involve a big change. In Connecticut, for example, staff now discuss new ideas at the start of their weekly meetings, when minds are fresh, rather than at the end. “I definitely see the change in how we talk about things because of that little tweak,” says Tamburro.

In Virginia, Schaar says, the interim between sessions offers downtime to reflect on what happened during the last session and what improvements could be made for the next one. She and her staff ask themselves: “Are we missing the boat? Are we doing that because it’s the way it’s always been done?

“For us, the best time is when we actually have time to sit and talk about the things we encountered during the session,” she says.

TOOLBOX

Encouraging staff to be creative “implies listening to their ideas,” Quaid says. “Hopefully, age and experience have helped me become a better listener.”

Some staff are more eager than others to participate in creative problem-solving, says Schaar. “Some hesitate, they don’t want to get in trouble.” So Schaar tries to create an accepting atmosphere that encourages staff to pursue their ideas even when she doesn’t agree with them.

“If you want people to grow and step out of their comfort zone,” Tamburro adds, “you have to encourage them to take their ideas a little further, so they feel that it’s OK to try something.”

Similarly, conducting “safe” brainstorming sessions, where staff are encouraged to generate lots of suggestions without immediately critiquing them, can bring out some of the most innovative solutions.

“It’s important to keep the door open,” Schaar says. “Provide an open atmosphere for discussion and suggestions, and encourage people to come forward with those ideas. If we want to attract young, bright people, we need to produce that kind of atmosphere.”

Don’t forget about the perspectives that can come from within your own staff. In Connecticut, the legislature’s long-standing staff training program has spurred creativity by bringing together staff who have different roles and skill sets. “Meeting with people from outside your usual work environment, who have a different perspective, can get you thinking in a new direction,” says Tamburro. “It also helps,” notes Quaid, “to have a diverse staff, one with different backgrounds, interests and abilities, and to embrace their differences.”

Don’t know where to start? Try these classic brain teasers to get your creative juices flowing.

1. With only a small candle, a box of thumbtacks and a book of matches, how would you affix the candle to the wall so that when lit, it doesn’t drip wax onto a table below?

2. Find a fourth word that connects each set of unrelated words below. For example, for “falling - movie - dust,” a correct answer is “star,” as in “falling star,” “movie star” and “stardust.” palm – shoe – house wheel – hand – shopping fly – clip – wall dress – dial – flower 3. The legendary runner Flash Fleetfoot was so fast that his friends said he could turn off the light switch and jump into bed before the room got dark. On one occasion Flash proved he could do it.

How?

3. Seek a variety of viewpoints.

If you’re stuck in a rut, creativity can be sparked by getting a fresh point of view. “I have encouraged my staff to take advantage, every time they have a chance, to talk to their counterparts in other states and get ideas,” Schaar says. Bringing in guest speakers, going on field trips, role-playing with experienced colleagues, asking staff to answer “what if” and “why” questions and attending trainings and conferences also can help.

Exchange programs are another resource. In Virginia, Schaar has sent more than half her staff on trips arranged by the American Society of Legislative Clerks and Secretaries to observe another state’s legislature for a week. One came back from Delaware with the idea of using iPads instead of bill books. “We were able to eliminate six positions during the session and save between $30,000 and $40,000,” Schaar says. And the staffer who brought back the idea? “He was excited!”

Puzzles to Ponder

4. Embrace and learn from mistakes.

Laszlo Bock, head of Google’s people operations, urges leaders to “reward thoughtful failure.” Leadership expert Kevin Cashman says that “being willing to risk failure for the sake of learning” is integral to innovation. And in his book “Creativity, Inc.,” Pixar co-founder and president Ed Catmull warns, “If you aren’t experiencing failure, then you are making a far worse mistake: You are being driven by the desire to avoid it.”

“If you don’t have people taking risks, that’s a roadblock to creativity,” Tamburro says. “So we try to create an environment where staff feel comfortable trying different approaches to things and where they know it’s OK if they fail. The more staff feel supported, the more creative they can become.”

Encouraging creativity can be especially important when an idea fails, as it presents

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Answers: 1. Empty the box of thumbtacks, use the thumbtacks to fasten the box to the wall, put the candle into the box, then light it with the match.

2. tree, cart, paper, sun 3. He went to bed during the day.

2. Make it safe to offer new ideas.

an opportunity to learn from what went wrong. One staff project just “didn’t flow smoothly,” Schaar says. “But they went back to the drawing board and said, ‘OK, this didn’t work, so how can we make it work?’ and came up with an alternative solution. And that’s what I think is important.”

5. Praise successes, reward taking risks.

Celebrating the success of creative solutions is a great way to both honor staff and recognize the worth of innovation. In Virginia, Schaar says, legislators acknowledge when staff creativity helps the lawmaking process and when staff receive national awards for their leadership.

Whether it’s a formal honor or a simple “shout-out” in a staff meeting, showing appreciation for creativity can go a long way toward inspiring it.

NCSL Capitol Forum

December 8–11 | Washington, D.C.

• Learn the latest on important state-federal issues.

• Be a voice for your state on Lobby Day on Capitol Hill.

• Connect with legislative colleagues from across the nation.

REGISTER NOW AT NCSL.ORG/FORUM

THE FINAL WORD

Karl Aro NCSL Staff Chair

K

How has legislative service evolved?

Computerization has changed the landscape dramatically.

The fact that we can do so much more, so much more quickly has sometimes created unrealistic time expectations.

It still takes a human mind to figure out the best way to draft a bill, for example, or to analyze a particular problem and to check the facts.

arl Aro, NCSL’s new staff chair, has 36 years of experience as a bill drafter, research analyst and a director with Maryland’s Department of Legislative Services. He was born in Brooklyn, raised in New Jersey and earned a bachelor’s degree in government and politics from Monmouth University in New Jersey and a master’s in public administration from the University of Maryland. He has worked in several policy areas including health, workers’ compensation, environment, elections, but is best known for his work in redistricting and reapportionment.

Where do you look for inspiration?

Music and nature. I can always find something of value in lyrics. One of the songs that influenced me early on was John Lennon’s “Imagine,” but there’s so much good stuff out there. I’m a big fan of a band called Twenty One Pilots. I also find inspiration in the beauty of our natural world by just reflecting on the wonder of it all.

What life lessons have you learned working in a legislature for 36 years?

What appears to be easy isn’t. It’s difficult to achieve compromise. It’s hard to communicate clearly. It’s challenging to get your ideas or the information needed out there. Nothing is simple.

What advice would you give to new staff?

The greatest asset you have is your credibility. Stay organized, be honest and make sure your work is on time and accurate. And if you don’t know an answer, don’t fake it; there are way too many people out there who know the answers. Say “I don’t know, but I will find out” and then find the answer—fast.

How would your staff describe you?

I hope they would describe me as fair, supportive and caring. I try to be available to them, and I look for ways to support that work-life balance everybody’s looking for. When we’re not in session we allow people to telework and equip them to do that. As long as staff are available during the day and productivity doesn’t suffer, I like to give them as much flexibility as I can. I think it makes for much happier and more loyal employees.

What are your priorities as NCSL staff chair?

We need to continue to provide value-added, useful information and reliable resources, primarily through electronic media. We have to stay current. But even though we can do a lot of work through electronic media, we shouldn’t do it at the cost of face-to-face, personalcontact opportunities. With so many ways available to reach legislators—through Facebook or Twitter or whatever—the challenge becomes distinguishing ourselves, making sure our members understand that we are the most reliable source.

Which books are on your nightstand?

“When Will Jesus Bring the Pork Chops,” by George Carlin, and “I Am America (And So Can You!),” by Stephen Colbert. I just finished reading “Hellhound on His Trail,” by Hampton Sides, about James Earl Ray and the stalking of Martin Luther King Jr. It’s an incredible story.

What do legislative staff wish lawmakers understood?

From a nonpartisan staff perspective, that we always make our best professional effort. We care about the legislative institution. We want to help lawmakers make good decisions by giving them the information they need. We don’t have a dog in the hunt. I just wish they all understood that as fully as I think they ought. I think most do. Some don’t.

What might surprise people to find out about you?

I’ve worked in a patio umbrella factory and was an exterminator. I know how to do a termite job. I come from a blue-collar background, and know what it’s like, as they say, to work for a living.

Do you have any final words you’d like to share?

Working for a legislature has been an incredible experience. Being part of this ongoing pageant of representative democracy and being able to contribute to it in some way has been a great privilege.

Jane Carroll Andrade, a contributing editor to the magazine, conducted this interview.

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