Stateline Midwestlearning to read, but reading to learn.” In Wisconsin, and across the country,...

T h e M i d w e s T e r n O f f i c e O f T h e c O u n c i l O f s T a T e G O v e r n M e n T s

StatelineMidwest Vo l . 2 1 , N o. 2 • F e b r u a r y 2 0 1 2

Stateline Midwest is published 12 times a year by the Midwestern Office of The Council of State Governments.

Annual subscription rate: $60. To order, call 630.925.1922.

CSG Midwestern Office StaffMichael H. McCabe, DirectorTim Anderson, Publications ManagerCindy Calo Andrews, Assistant Director Ilene K. Grossman, Assistant DirectorLisa R. Janairo, Senior Policy AnalystLaura Kliewer, Senior Policy Analyst Gail Meyer, Office ManagerLaura A. Tomaka, Senior Program ManagerKathryn Tormey, Policy Analyst/Assistant Editor Kathy Treland, Administrative Coordinator and Meeting Planner

INSIDE• Tax incentive polices in the states

• Update of binational Great Lakes agreement

• U.S.-Canada trade: ‘Tyranny of small differences’

• A new ‘roadkill’ law in Illinois

CSG Midwest Issue Briefs 2

Around the Region 4Trends in higher-education funding; right-to-work law returns to Indiana

Question of the Month 5What are Midwestern states’ rules regarding protests and rallies at capitol buildings?

Only in the Midwest 5The broad statutory and constitutional powers given to Indiana’s lieutenant governor

CSG News & Events 10• Application deadline for regional, national CSG leadership programs approaching • State leaders on agriculture meet in nation’s capital with key federal officials

Capitol Clips 12• Trends in states’ earned income tax credits

• Minnesota ruling on newborn blood samples

• Iowa requiring new jobs-impact statements

• State checkoffs make tax season a time for giving

Profile 8Iowa House Minority Leader Kevin McCarthy

FirstPerson 9Michigan Sen. Joe Hune on a program in his state that helps farmers and the environment

Iowa’s fourth-graders mirror those at the national level: A little less than one-third of the state’s fourth-graders are reading at proficiency for their grade level. For a state that has long pointed to its K-12 education system as a point of pride and strength, those results are unacceptable.

Republican Gov. Terry Branstad’s reform package targets, in part, improve-ments in early-reading instruction and performance.

“There are elements that pretty much everyone likes, and one big element that people don’t like,” says Herman Quirmbach, a Democrat who serves as chairman of the Senate Education Committee.

The controversial element is a pro-posal to hold back third-graders who do not meet basic literacy requirements. Branstad and other proponents of this end to “social promotion” point to the

A fter a year of sweeping changes in education policy in the Midwest, a handful of state legislatures in the

region are once again considering major reforms that would have a lasting impact on how students are taught, and how teachers are paid and evaluated.

Governors in Iowa, South Dakota and Wisconsin kicked off legislative sessions this year with State of the State addresses calling for their states to take their K-12 school systems in a new direction. If enacted into law, the proposals would:

• end South Dakota’s tenure/continuing-contract system for teachers while also establishing a new merit-pay system for educators;

• put a stronger emphasis on reading instruction in Wisconsin, through more-rigorous requirements of prospective teachers and enhanced assessments of early learners.

• overhaul Iowa’s K-12 assessment and accountability systems and change that state’s policies on who becomes a teacher and how local personnel decisions on educators are made.

“2011 was a sea-change year as far as education policy goes,” notes Kathy Christie, vice president of the Education Commission of the States. “That seems to be continuing.”

States such as Illinois, Indiana and Michigan were at the forefront of those changes last year with new laws that eliminated “last-in, first-out” policies (basing teacher layoffs and rehirings on seniority) and established new rules on tenure — for example, requirements that personnel decisions be based on performance, and that evaluations of teachers be stronger and be tied to student academic growth.

The changes being proposed this year build off of some of those recent legislative actions. But Christie says one other national

trend emerging early in 2012 — and part of the reform proposals in Iowa and Wisconsin — is an increased emphasis on improving reading instruction.

“No skill is as fundamental to stu-dent achievement as the ability to read,” Republican Gov. Scott Walker said in his January speech to legislators. “By fourth grade, our kids must be equipped with pro-ficient reading skills, so they are no longer learning to read, but reading to learn.”

In Wisconsin, and across the country, test scores show that an alarming number of fourth-graders don’t have these skills.

“You only have one in three kids reading at or above proficiency for their grade level,” Christie says. “That is utterly unacceptable.”

In Iowa and Wisconsin, a push for changes in reading instructionData on the reading performance of

Push for school reform spreads in the MidwestIowa, South Dakota and Wisconsin among states where proposals emerge after ‘sea change’ year of 2011by Tim Anderson ([email protected])

PLeASe TUrn To PAGe 6

Education reform has once again emerged as a top policy priority in Midwestern state legislatures. In Iowa and Wisconsin, one emphasis is on improving the reading test scores of fourth-grade students. About two-thirds of students in this grade level are not proficient in reading.

“We have stagnated, while other states, and more importantly other nations, have accelerated past us.”

Jason Glass, director, Iowa Department of Education

2 STATELINE MIDWEST february 2012

CSG MidweSt Issue Br IefsIssue Briefs cover topics of interest to the various groups and policy committees associated with the Midwestern Office of The Council of State Governments. Located in suburban Chicago, CSG Midwest provides staffing services for the Midwestern Legislative Conference, Great Lakes Legislative Caucus, Midwest Interstate Passenger Rail Commission and Midwestern Radioactive Materials Transportation Committee. More information is available at www.csgmidwest.org.

Great Lakes

A s the United States and Canada finalize the terms of an amended Great Lakes Water Quality Agreement (GLWQA), the changes

being contemplated remain of high interest to Great Lakes stakeholders.

Created in 1972, the GLWQA has guided the two nations’ efforts to “restore and maintain the chemi-cal, physical and biological integrity of the waters of the Great Lakes Basin Ecosystem.” Activities such as managing nutrient loads, cleaning up sediments contaminated by toxic chemicals, and preventing the spread of invasive species are intended to achieve the general objectives of preserving the health of the Great Lakes system and ensuring that the water is “drinkable, fishable, and swimmable.”

In September 2011, members of the Great Lakes Legislative Caucus submitted a letter commenting on some of the proposed changes for the new agreement. Two principal concerns were highlighted: a decline in the amount of federal funding earmarked for the Great Lakes Restoration Initiative (GLRI), and the slow pace of progress in cleaning up contaminated sites.

Restoring the Great Lakes, caucus members observed, cannot be accomplished without “the commitment of significant resources by both parties

at a time when financial constraints abound.” Federal funding for the new GLRI, for example,

kicked off at $425 million in fiscal year 2010 but then dropped by more than a third to $300 million in FY 2011. The requested amount of $350 million for FY 2012 is a 26 percent decline over 2010 levels. In his response to the letter, Cameron Davis, senior adviser to U.S. Environmental Protection Administrator Lisa Jackson, noted that even with the cuts, the GLRI represents “the largest investment in Great Lakes work in more than two decades.”

For years, a lack of funding has hampered the cleanup of toxic hot spots called Areas of Concern: locations within the Great Lakes as well as connecting rivers and harbors that contain sediments polluted by past industrial activities. In 1987, when the agreement was last amended, 43 sites — 26 in the United States and 17 in Canada — were identified as Areas of Concern, with five of the sites shared by the two countries.

Sites were placed on the list because contaminant levels resulted in “beneficial use impairments” such as fish consumption advisories, loss of habitat, and restrictions on dredging activities. Cleaning up these areas can boost tourism, increase property values and make it possible for local communities to redevelop land.

Since 1987, three sites in Canada have been delisted, but only one in the U.S. — the Oswego River in New York. Caucus members urged that cleanup of contaminated sites be accelerated.

Brief written by Lisa Janairo. The Great Lakes Legislative Caucus is planning to host a webinar on the new Water Quality Agreement as part of its “Great Lakes, Great Webinars” series. For more information, contact Lisa at [email protected]. Minnesota Sen. Ann Rest serves as caucus chair.

Decline in Great Lakes restoration funding tops concerns as water-quality pact nears completion

In his response, Davis noted that 35 percent of fund-ing for projects must come from non-federal sources. He called the lack of non-federal funding “one of the most significant barriers” to cleanup progress and requested help from the caucus in identifying non-federal matches.

Over the past four decades, the GLWQA has been amended three times. A final amended agreement is expected by the summer of 2012.

Last year, Sears Holdings Corp. announced that, with state and local incentives set to expire in 2012, the company would consider moving out

of Illinois, where it has been based since 1887. The result was a flurry of states, including New Jersey, Ohio, North Carolina, South Carolina, Texas and Georgia, expressing interest in landing the retail giant.

Two Midwestern states — Illinois and Ohio — became the most serious contenders and waged an intense incentives war. Ohio offered the company a reported $400 million in incentives to move there. In the end, Sears decided to stay in suburban Chicago, with the state and local governments offering a package that will provide $125 million in property tax breaks and $150 million in state income tax credits.

The same day Sears announced it would stay in Illinois, the parent company of the Chicago Mercantile Exchange followed suit after being offered incentives in the same legislation (SB 397). CME Holdings had been wooed by neighboring Indiana. It is estimated that the Sears and CME deals will cost the state $263 million in

fiscal year 2013 and $325 million in FY 2014.Stories like these, of intense competition for jobs

and businesses, are being played out across state lines and within states — and these bidding wars almost inevitably require the use of tax incentives.

According to The Council of State Governments’ third edition of “State Business Incentives: Trends and Options for the Future,” there has been an increase

Economic DevelopmentStates increasing use of tax incentives to lure business

in the number of states offering various types of incentives over the past three decades.

For example, in 1977, at least 28 states offered tax breaks or credits to businesses for equipment and ma-chinery, goods in transit, manufacturers’ inventories, raw materials in manufacturing and job creation. By 2008, the number of states offering such incentives had grown to 44. Likewise, 21 states offered a corporate income tax exemption in 1977, with the number rising to 41 by 2008.

In addition to providing an inventory of and trends in businesses incentives offered by states, the report includes information on state oversight and accountability — how states try to ensure that these taxpayer dollars are being used wisely.

The third edition also discusses two other areas: international economic development and the green/clean economy. Nearly half of the states responding to a CSG survey indicated that they provide grants to small businesses as part of their export assistance portfolios. Every state offers at least two types of incentives for renewable energy,. For state-by-state information on state business incentives, visit the CSG database: http://apps.csg.org/BusinessIncentives.

Brief written by Laura Tomaka, CSG Midwest staff liaison to the Midwestern Legislative Conference Economic Development Committee. She can be reached at [email protected]. The committee’s co-chairs are Ohio Rep. Ted Celeste and South Dakota Sen. Mike Vehle.

$0

$200

$400

$600

$800

$1,000

$1,200

$1,400

$1,600

FY 2

012

FY 2

011

FY 2

010

FY 2

009

FY 2

008

FY 2

007

FY 2

006

FY 2

005

FY 2

004

U.S. federal agency totals for Great Lakes restoration*

Budg

et a

utho

rity

in $

mill

ion

* Amounts for �scal years 2004 to 2010 are enacted; amounts for FY 2011 and 2012 are budgeted. FY 2009 totals include $704 million in funding from the American Recovery and Reinvestment Act.

Source: “Great Lakes Restoration Crosscut Report to Congress,” O�ce of Management and Budget (May 2011)

Corporate income tax in Midwestas % of total tax revenue (2010)

9.0% 0.6%

3.1%

4.3%

5.9%

2.8%

4.2%

5.4%

4.1%

2.4%

3.3%

Source: Federation of Tax Administrators


There are about 1 million car-deer collisions each year, resulting in the deaths of some 200 people and injuries to about 10,000 others.

Iowa, South Dakota, Michigan, Wisconsin, Minnesota and North Dakota are in the top 10 of U.S. states where a driver is most likely to run into a deer.

About 350,000 deer are killed by cars each year, and more than 250,000 other animals, including elk, squirrels, raccoons and foxes, are killed each day on America’s roads.

At the Deer-Vehicle Crash Information and Research Center (a national project of the University of Minnesota Center for Excellence in Rural Safety), these numbers are used to help states reduce such crashes and improve road safety.

But despite these efforts, roadkill will likely remain an all-too-frequent occurrence in rural areas, such as the west-central Illinois district of Rep. Norine Hammond.

Last year, the first bill she sponsored as a freshman lawmaker allowed the harvesting of any fur-bearing mammal “unintentionally killed by a vehicle during the open season” as long as the proper permits are obtained. HB 3178 survived a gubernatorial veto and became law.

Hammond introduced the bill at the request of a constituent who wanted to salvage the hides of animals such as mink and foxes, but she says the measure also

“makes fiscal sense.”“Cleaning the roadways generally falls to the

Department of Natural Resources or Transportation,” she says, “and it didn’t make sense to spend the money to dispose of a resource people would take away.”

Since the bill’s passage, Hammond says, she has received “many positive comments from both wildlife officers and constituents about taking advantage of a resource that had been going to waste.”

In a few states, mostly in the Northeast and South, motorists can request an official tag for any non-restricted species that they unintentionally hit and kill, allowing them to take the carcass for processing or the head or hide for taxidermy. Some states charge for the tags. But in many other states, it is illegal to pick up wildlife hit by

AgricultureStates saving on disposal costs by allowing drivers to salvage animals killed on roads

vehicles, which is considered the property of the state.In most Midwestern states, if a motorist kills a

deer, that person can keep the carcass if he or she gets permission and a tag. About 15 percent of deer kills in the Midwest are taken by the motorist, according to the Deer-Vehicle Crash Center. But few Midwestern states have regulations covering the disposal of other animals.

(Due to strong demand from Asia, animal pelts are bringing the highest prices in years. The hides from small mammals can bring up to $30, with Illinois alone reporting more than $1 million in pelt sales in 2010.)

In Wisconsin, it costs the state about $1 million annually to collect larger animals such as the 35,000 deer and 150 bears that are killed on the road, so allowing the harvest of these would reduce state expenditures. The state already allows deer killed by motorists to be kept if a tag is obtained, and AB 334, which the state Assembly’s Natural Resources Committee passed in December, would allow the same for bears or wild turkeys.

Under the Wisconsin legislation, other animals that are not protected species could be harvested if in season and the person has a hunting or trapping license. A similar bill died in the Senate during the last legislative session.

Both states’ measures have in-season provisions to prevent someone from illegally hunting and then claim-ing they found the animal on the road. While there was concern that someone might intentionally hit an animal to obtain the carcass, the average cost to repair a vehicle that strikes an animal as small as a coyote is $1,600, according to insurance companies.

Brief written by Carolyn Orr, CSG Midwest staff liaison to the Midwestern Legislative Conference Agriculture and Natural Resources Committee. She can be reached at [email protected]. The committee’s co-chairs are North Dakota Sen. Tim Flakoll and South Dakota Sen. Carolyn McGinn.

Likelihood of vehicle collisions with deer in Midwestern states

1 in 107

1 in 81

1 in 110

1 in 193

1 in 96

1 in 77

1 in 97

1 in 250

1 in 90

1 in 178

1 in 132

Source: State Farm Insurance

The Campbell Soup Co. has a production prob-lem. It can’t sell 16-ounce vegetable soup — a mainstay in American kitchens — in Canada,

where it must be sold in a 19-ounce can.That means Campbell’s must use a different produc-

tion line for the soup, and for many other products containing vegetables that the company sells in Canada.

Kelly Johnston, Campbell’s vice president of gov-ernment affairs, calls this can conundrum an example of “the tyranny of small differences” that make it more difficult — and expensive — for companies to do business across the border. He says these differences “plague our regulatory and cross-border programs.”

U.S. Ambassador to Canada David Jacobson uses an example of his own — the bowl of Cheerios he has for breakfast every day. The two countries have different standards for fortified cereals. (You can’t taste the difference, but Cheerios sold in the U.S. are more fortified, with extra vitamins and minerals.) This means that General Mills must have separate production lines for cereals sold in Canada and in the U.S.

Business leaders say varying rules and regulations between the two countries abound, and amount to a non-tariff barrier because they add costs to cross-border trade. In the case of Campbell’s soup, these differences can force companies to have different plants or assembly

lines in order to produce substantially the same product.U.S. and Canadian officials are working to

address these concerns. Formal discussions began early last year, and in December, President Barack Obama and Prime Minister Stephen Harper released the action plans that will pave the way for new agree-ments about security and economic competitiveness, as well as regulatory cooperation.

The two leaders created the Regulatory Cooperation Council to coordinate, simplify and align regulations wherever possible.

“I think there is absolutely a role for state officials to be involved,” Johnston says about efforts to harmonize cross-border rules, noting that states and provinces play a major role in regulating key aspects of the economy.

He notes that some previous discussions aimed at regulatory harmonization have ended in failure — notably the Security and Prosperity Partnership agreement, the trilateral initiative launched in 2005 that is no longer active.

“It wasn’t really an inclusive process,” Johnston says of the initiative, “and I think this program has learned the lessons from the SPP.”

Transportation and trucking rules, as well as the environmental review and permitting process, are examples of areas where states and provinces play a key role, notes Robert Carberry, assistant secretary for Canada’s Regulatory Cooperation Council.

In these areas and others, sometimes there are over-lapping jurisdictions over projects. A state or province

Midwest-Canada Relations

might undertake the major environmental assessment for a project, but the U.S. or Canadian federal government will get involved when it has jurisdiction, such as when navigable waters are involved. And when projects cross the border, as with many pipelines, companies must deal with multiple jurisdictions on both sides of the border.

The regulatory council is attempting to harmo-nize regulations and ensure that future rules and regulations are aligned. It will also try to eliminate protectionist regulations, and move toward mutual acceptance of regulations for cases in which the two countries cannot harmonize their rules.

The results of these discussions could go a long way toward reducing costs for consumers as well as businesses.

U.S., Canadian officials seek to harmonize rules that raise the cost of doing business

Brief written by Ilene Grossman, who serves as staff liaison to the Midwestern Legislative Conference Midwest-Canada Relations Committee. She can be reached at [email protected].

Midwestern states’ bilateral trade with Canada (2010)

$3.6 billion

$760 million

$2.3 billion (2009)

$5.5 billion

$13.9 billion

$6.2billion

$9.8billion

$44.5billion

$62.1billion

$16.8billion

$30.9 billion

Source: Government of Canada

4

Around The r egIon

STATELINE MIDWEST february 2012

Many states report dips in higher-ed funding

Recent data show that support for higher education declined 7.6 percent in the states last year, in part reflecting the

impact of the national recession.Researchers at Illinois State University’s

Center for the Study of Education Policy point out, however, that some of the decrease can be attributed to the expiration of funding from the federal American Recovery and Reinvestment Act (ARRA). The data were collected as part of the annual Grapevine survey conducted in conjunction with the State Higher Education Executive Officers.

When state-only funding was analyzed, the de-cline in higher-education funding was 4.1 percent between fiscal years 2011 and 2012. Nationwide, 30 states reported a decrease in non-ARRA funding. Illinois, North Dakota and Ohio were the only Midwestern states reporting increases.

Total state fiscal support for higher educa-tion in 2012 is down 3.8 percent from 2007, before the recession hit.

Two Midwestern states — Illinois and Ohio — were included among the report’s eight “megastates,” which collectively account for roughly 50 percent of the nation’s total state fiscal support for higher education.

Illinois figures, however, include increased contributions to the state university retirement system to address underfunding.

For more information on the Grapevine survey, visit http://grapevine.illinoisstate.edu.

Right-to-work law returns to Indiana, as does unions’ effort to repeal it

For Indiana residents old enough to remember their state’s politics of the mid-20th century, the legislative battle in recent years over a so-called

“right-to-work” law (dubbed “right to work for less” by opponents) is nothing new.

The year 2012, in fact, may remind them of 1957. In both years, amid protests by labor groups and

strong opposition by the minority party, the legisla-ture passed a bill banning union security agreements that require individuals to become a member of a labor organization and to pay dues to it.

HB 1001, the right-to-work bill signed into law in February, makes such agreements a Class A misdemeanor.

The question now in Indiana is whether there will be another 1965, the year the first right-to-work legislation was repealed after Republicans lost control of state government and Democrats swept into power.

“The next election is going to be fascinat-ing,” says Kenneth Dau-Schmidt, a professor of labor and employment law at Indiana University. “Unionized workers are worked up. They are going to organize and be very motivated, and I don’t think the other side is particularly worked up.

“But Indiana has changed a lot as a state. There has been a nibbling away of the strength of unions. As manufacturing jobs have gone away, so has the ability of unions to influence what happens in the state Capitol.”

Indiana is the first Great Lakes state — a region with a traditionally strong manufacturing and union base — to adopt a right-to-work law.

In Michigan, another Great Lakes state where Republicans control both legislative chambers and the governor’s office, bills have been introduced that would allow local governments to establish “right-to-work” zones. A separate measure would institute a statewide ban on union-security agreements.

In January, though, Gov. Rick Snyder told The Detroit News that he does not want to see right-to-work legislation “on my desk,” and he cited as one reason why the tumult last year in Ohio and Wisconsin over measures restricting the collective bargaining powers of public sector labor unions.

Dau-Schmidt says Indiana’s actions are in many ways a continuation of what occurred in those two other Midwestern states in 2011: In all three instances, the end result has been a weakening of union power.

Proponents of HB 1001 say it will give every Indiana worker the freedom to choose whether or not to join and financially support a union. They also contend it will bring jobs to the state, citing economic growth in existing right-to-work states as evidence.

“This is another important tool we can use to attract jobs to our state,” Republican Sen. Carlin Yoder says.

Soon after the bill’s passage in the House, Democratic Leader Patrick Bauer released a statement saying Republicans had “thrown their support behind a proposal that has a long, docu-mented history of not creating jobs, not improving the pay and benefits of workers, and not making the places where they work safe.”

Each side of the right-to-work debate in Indiana has cited studies regarding the law’s impact on wages and jobs. For researchers, though, finding definitive correlations is problematic, Dau-Schmidt says. (According to his analysis of the research, right-to-work laws have no impact on jobs but tend to lower wages.)

“It’s very hard to separate the effects of a single policy like this on either jobs or wages in a state,” he adds. “You have so many laws and other factors that can impact economic suitability. It’s just not obvious, believe me.”

It is clear, however, that the new state laws on unions will be a significant campaign issue.

A petition to recall Wisconsin Gov. Scott Walker was delivered in January to the Government Accountability Board with more than 1 million signatures. In Indiana, gubernatorial and legisla-tive elections will be held this year. Republicans have long enjoyed a solid majority in the Indiana Senate, but partisan control of the House and governor’s office has fluctuated.

Whether the right-to-work law holds this time in Indiana will depend on whether its proponents can hold off upcoming election challenges.

Article written by Tim Anderson, publications manager for CSG Midwest. He can be reached at [email protected].

States with laws that ban union-security agreements requiring union

membership and payment of union dues

In statute only No lawIn constitution

Source: U.S. Department of Labor

Trends in union membership: % of private sector workers in unions,

2010 and 1983

State 2010 1983 % point change

illinois 9.5% 21.5% -12.0

Indiana 8.2% 25.0% -16.8

Iowa 7.1% 14.6% -7.5

Kansas 4.5% 12.2% -7.7

Michigan 11.1% 25.3% -14.2

Minnesota 8.4% 17.1% -8.7

Nebraska 4.8% 9.7% -4.9

North Dakota 4.6% 9.5% -4.9

Ohio 8.4% 22.5% -14.1

South Dakota 3.0% 8.0% -5.0

Wisconsin 8.4% 19.8% -11.4

United States 6.9% 16.5% -9.6

Source: Barry T. Hirsch and David A. Macpherson (www.unionstats.com)

State support for higher education in FY 12, per capita

$279$174

$166

$238

$202

$241

$240

$258

$352

$218

$503

Source: 2012 Grapevine survey (Illinois State University/State Higher Education Executive O�cers)

Trends in state higher education funding, fiscal years 2007-2012

StateChange

from 2011 to 2012

Change from 2010

to 2012

Change from 2007

to 2012

illinois* 12.1% 9.0% 25.9%

Indiana -1.0% -0.8% 6.4%

Iowa -2.6% -2.5% -8.1%

Kansas -2.0% -1.9% -6.2%

Michigan -12.2% -10.7% -19.3%

Minnesota -7.1% -9.9% -8.3%

Nebraska -0.9% 1.0% 7.3%

North Dakota 10.4% 10.4% 59.5%

Ohio 0.9% 0.8% -8.8%

South Dakota -3.1% -4.1% 0.4%

Wisconsin -20.9% -15.4% -1.1%

United States -4.1% -1.9% -3.8%

* Illinois data for FY 12 include appropriations made to the State University Retirement System to address underfunding of pension programs. These appropriations are not for educational purposes.

Source: 2012 Grapevine survey


Q u e s T i o n o f T H e M o n T H

QuesTion: What are Midwestern states’ rules regarding protests and demonstrations in capitol buildings?

One of the many services provided by the Midwestern Office of The Council of State Governments is its Information Help Line, a research service intended to help lawmakers, legislative staff and state officials from across the region. The CSG Midwest staff is always available to respond to members’ inquiries or research needs regarding various public policy issues. The Question of the Month section highlights an inquiry received by this office. To request assistance through CSG Midwest’s Information Help Line, call 630.925.1922 or use the online form available at www.csgmidwest.org.

In the last year, state capitols in the Midwest have become hotbeds of political protest as lawmakers have debated highly contentious issues.

In early 2011, protesters gathered at the Wisconsin Capitol in Madison during the debate of a bill to, among other things, reduce collective bargaining rights of state employees. The Capitol became a gathering place for protesters at other times dur-ing the year as well — such as when the collective-bargaining legislation made its way through the court system and as a handful of legislators faced recall elections. (Bills regarding labor policy have also sparked demonstrations in the indiana and ohio capitols during the past year.)

one result of all the activity was a call for new rules on public access to Wisconsin’s public facilities. Those rules, adopted in December by the Wisconsin Department of Administration, now require groups of four or more people inside the Capitol, and groups of 100 or more outside the Capitol, to obtain permits for their event. Those permits must be secured at least 72 hours in advance. “events” include rallies,

presentations and ceremonies. families visiting the Capitol and constituents visiting state officials are not required to obtain permits. And the policy does not apply to “spontaneous” gatherings in response to an event happening within the previous week.

Under the new rules, the state can also charge groups in order to cover the cost of additional Capi-tol police officers (or overtime for officers on duty) if these officers need to intervene during the event. Groups may also be compelled to reimburse the state for any damage caused to the Capitol.

earlier this year, proposed limits on the number of people who can gather in Indiana’s Capitol drew fire from policymakers and citizens alike. The rules, written in part by the Indiana State Police and sup-ported by Gov. Mitch Daniels, would have limited the number of people in the Statehouse to 3,000 (including about 1,700 state employees). Daniels cited concerns about safety, but critics said the rules were meant to limit the number of protesters oppos-ing “right-to-work” legislation being considered by the Indiana General Assembly. Daniels ultimately

abandoned pursuit of the proposed rule changes.

CSG Midwest recently surveyed state officials around the Midwest about occupancy restrictions in their capitol buildings.

In general, most Midwestern state governments limit the number of people in a capitol build-ing based on fire code and to protect public safety. But some states in this region have more-stringent rules about rallies and demonstrations than others.

In nebraska, rallies and protests are not per-mitted inside the Capitol and are limited to the outside of the building.

Minnesota, north Dakota, ohio and south Da-kota are among the states that require permits for rallies or demonstrations. ohio specifically defines a rally as two or more people passing out literature or gathering to demonstrate; rallies are not allowed inside the building.

In iowa, groups must submit an event request to gather. The director of administrative services can deny the request if public safety is at risk — but he or she cannot infringe on the right of assembly. Demonstrations are not allowed in the House or Senate galleries.

other states have specific rules of conduct for gath-erings in the capitol building. In Kansas and Michi-gan, for example, an event cannot disrupt state busi-ness. Many states, including Iowa, Kansas, Michigan and Minnesota, do not allow signs on sticks.

helps to ensure the smooth continuity of government operations in the event of an unexpected succession in leadership, as the state experienced firsthand upon the death of Gov. Frank O’Bannon in 2003 and his succession by the lieutenant governor at the time, Joseph Kernan.

Like most other lieutenant governors (including all in the Midwest), Indiana’s is elected jointly on a single ticket with the governor.

In addition to her consti-tutional and statutory duties, Skillman, a former state sena-tor, has served as the point person for Republican Gov. Mitch Daniels’ legislative agenda. She has also led eight international trade missions and is currently in the midst of a 92-county tour of Indiana in an effort to strengthen the state’s ties with local government officials.

Skillman loves the job and all that it entails. But after seven years, there are at least two lessons she has learned about the office that any prospective candidate would want to know: be sure you have “a lot of stamina,” and be ready to manage your time wisely.

Article written by Mike McCabe, director of the CSG Midwest Office. He can be reached at [email protected]. Only in the Midwest highlights unique features of state governments in the Midwest. Past articles are available at www.csgmidwest.org.

Shortly after setting her sights on her current office, Indiana Lt. Gov. Becky Skillman recalls being gently warned about what lay ahead by

a legislative colleague.“Any time the legislature has a great idea and

doesn’t know what to do with it,” the colleague said, “they give it to the lieutenant governor.”

Undeterred, Skillman was elected to the post in 2004, and seven years into her tenure, she calls it “the greatest job in the world.”

That’s because the office of lieutenant governor in Indiana carries with it an array of responsibilities and duties that is unmatched in the Midwest. In fact, with 46 separate constitutional and statutory duties, the office is arguably one of the most demanding and influential among lieutenant governorships nationwide.

According to Julia Hurst, executive director of the National Lieutenant Governors Association, the one duty common to all lieutenant governors in the 43 states that have them is gubernatorial succes-sion. After that, the range of responsibilities varies considerably from state to state.

Just over half of the nation’s lieutenant governors, including five of the 11 in the Midwest (Indiana, Michigan, Nebraska, North Dakota and South Dakota) also serve as presiding officers in their state senates.

But in Indiana, it is the executive branch duties

given to the lieutenant governor that distinguish the office from its counterparts across the Midwest. Although other lieutenant governors are empowered to head up select agencies or commissions, none have the breadth of authority exercised by Indiana’s second-in-command.

Thanks to various constitutional and statutory provisions, including a 2005 reform effort abolishing

the Indiana Department of Commerce and reassigning some of its core functions, Indiana’s lieutenant governor serves as the secretary of agriculture and rural affairs. This gives Skillman authority over the Indiana Department of Agriculture, the Office of Community and Rural Affairs, the Office of Energy and Defense Development, and the Indiana Housing and Community Development Authority.

Indiana’s lieutenant governor also oversees the Office of Tourism Development (a role that took on added significance in connection with this year’s Super Bowl in Indianapolis) and serves as chair of the state’s Counter-Terrorism and Security Council.

With an executive staff of just 14, Skillman relies heavily on the appointed directors of the agencies that she oversees. Together, these directors constitute a “lieutenant governor’s cabinet,” with whom she meets regularly to discuss strategy.

Skillman says the Indiana model works well, in part, because it requires the governor and lieutenant governor to work closely together. This, in turn,

Indiana’s second-in-command afforded powers second to none compared to region’s other lieutenant governors

Lt. Gov. Becky Skillman

Only in the Midwest: Indiana’s o�ce of

lieutenant governor


Cover sTory

State reforms target improvements in reading scores, aim to boost teacher quality ConTInUeD froM PAGe 1

experience of Florida, where such a policy change was implemented 10 years ago and where reading scores have risen in subsequent years.

But Quirmbach notes Florida adopted a whole series of other changes at the same time, making it impossible to say which policies made the dif-ference in student performance.

“We absolutely agree on the goal, because reading is a tool for learning other subjects,” he adds. “But I don’t know that holding back kids is a good strategy. I heard from a juvenile court officer just the other day who said, ‘You hold a kid back, you’re tracking him into my system.’”

But bipartisan consensus, he says, may be more easily reached on other aspects of the governor’s reading-instruction proposals.

For example, the plan calls for a new assessment of the literacy skills of Iowa students entering kinder-garten. Schools would then use those results to target intense, individualized support, including 90-minute blocks of reading instruction for struggling students. Schools would also have to employ evidence-based reading programs that incorporate phonics, phonemic awareness, fluency, vocabulary and comprehension. And any student held back from fourth grade would receive specialized tutoring or attend special summer reading programs.

In contrast to Iowa’s proposal, the revamp of reading instruction in Wisconsin does not call for an end to social promotion. It also doesn’t weigh in on the specifics of how reading should be taught.

But Steve Dykstra, a founding member of the Wisconsin Reading Coalition, says the changes being proposed in his state are an important first step, in part because they call for every kindergarten student to be assessed on his or her literacy skills through a state-funded “reading screener.”

“The longer you take to step in with a remediation plan, the more time and resources it’s going to take,” he notes.

Catching the problem early on is part of the solu-tion, Dykstra says, but he also believes a science-based approach to reading instruction is sorely lacking in many of Wisconsin’s schools.

To begin addressing that problem, he and others want to change the standards for becoming a read-ing teacher. Dykstra points to Massachusetts as an example of the power of this approach: That state has the highest reading scores in the nation, and it requires prospective teachers to pass a rigorous licensure exam that tests their knowledge of methods in reading instruction.

“The current test [in Wisconsin] assesses whether potential teachers can read but does not assess whether they understand how to teach students how to read,” says Republican Rep. Steve Kestell, chair of the Wisconsin Assembly Education Committee.

Kestell, Dykstra, Gov. Walker and other members of the state’s Read to Lead Task Force have proposed using the Massachusetts Tests for Educator Licensure.

Another idea is to better track the effectiveness of Wisconsin’s various teacher-preparation programs. For example, which universities are turning out effec-tive reading teachers (as measured by their students’ progress), and which are not?

A wakeup call in South Dakota, a call for teacher-based reforms in Iowa

South Dakota, meanwhile, is targeting two other subject areas that state leaders say are in need of special attention: math and science.

Republican Gov. Dennis Daugaard has proposed giving a $3,500 annual bonus for the state’s teach-ers in those subject areas.

“We need more excitement around those two disciplines,” says Republican Sen. Mark Johnston, chair of the Senate Education Committee.

Teaching shortages tend to be in those subject areas, he says, and the state needs to graduate more young people in those fields. He learned that first-hand from a business in his home district.

“They wanted to expand and were in need of 100 more engineers,” Johnston explains. “After an analysis, they found they weren’t going to be able to fill those positions. That was a wakeup call to all of us.”

In Iowa, the impetus for broader education reform has been testing data on how the state’s students are doing relative to their peers. Across grade levels and subject areas, Iowa has gone from “national leader to national average,” says Jason Glass, director of the Iowa Department of

Education.“Due to complacency and perhaps hubris,

we have stagnated, while other states, and more importantly other nations, have accelerated past us,” Glass says.

So in addition to trying to improve reading instruction, Branstad’s education proposal targets improvements in overall teacher quality.

For starters, he wants to tighten the standards for becoming a K-12 instructor. At minimum, a student would need a grade-point average of 3.0 in order to enter a teacher-preparation program. And to get a teacher’s license, individuals would have to score in the top 75 percent nationally on tests of their professional skills and content knowledge.

“If you look at the high-performing systems around the world, they set a very high bar in terms of who can be a teacher,” Glass says. “Not everyone makes it.”

For those who do make it into the classroom, Iowa is looking to change how these individuals are

One of the factors driving education reform in state capitols has been a policy shift at the federal level, first with the Race to the Top initiative and now with a decision to give states more flexibility under the No Child Left Behind Act.

The latter decision to provide more flexibility came in 2011, three years ahead of an NCLB requirement that 100 percent of a state’s students be proficient in reading and math.

“As 2014 got closer, more and more schools and districts were not making it; they weren’t meeting AYP [adequate yearly progress] requirements,” explains Alexandra Usher, a senior research assistant at The Center on Education Policy.

The reason, she says, is that some states “back-loaded” expectations of student progress: They set lower achievement goals in the first few years of No Child Left Behind, thus requiring huge gains to be made in the years right before 2014.

Those gains weren’t being made.

States can now get relief from the mandates under No Child Left Behind by applying for waivers with the U.S. Department of Education, but to secure that flexibility, the states must commit to moving forward with a series of education reforms. For example, they must establish new evaluation systems and use data on student academic growth as a factor in measuring the performance of teachers and principals. In turn, these evaluations must be considered in personnel decisions.

States must also establish “college- and career-ready” expec-tations for all students. For many states, this requirement will be met through implementation of the Common Core Standards. Minnesota and Nebraska are the only two states in the Midwest that have not adopted the Common Core.

The state waiver requests must also show how they are going to tailor their accountability systems for different schools, how they are going to identify low-performing schools, and how they will intervene in these schools

to improve per formance. In November, Indiana and Minnesota were among the first 11 U.S. states to apply for a waiver, and every other state in the Midwest except Nebraska plans to do so.

Nebraska officials have said they don’t have the policies in place to meet the waiver requirements — Common Core adoption, for example. They have also expressed concerns that the new waiver requirements will be supplanted by any future congressional reauthorization of No Child Left Behind.

Another state hesitant about moving ahead with the waiver is California, which estimates it will cost $2 billion to imple-ment. That state’s superin-tendent of public instruc-tion, Tom Torlakson, has said the real solution is passage of a new federal law. Usher says most edu-cation leaders agree that a reauthorization of No Child Left Behind (passed with bipartisan support in 2001) is “long overdue.” The waivers being offered to states, she adds, are a way around congressional inaction.

According to the Center on Education Policy, as of late January, 38 states intended to apply for a

waiver or already had done so.

Three years ago, with the launch of the Race to the Top initiative, the U.S. Department of Education began using another method to shape state education policy — finan-cial incentives. Race to the Top gave states the opportunity to compete for a significant amount of additional federal dollars; Ohio, for example, received a $400 million grant for its winning Race to the Top application in 2011, and Illinois recently secured $43 million.

To be eligible for Race to the Top, states must adopt standards and assessments that prepare students for success in college and the workplace; build data systems that measure student growth and success; and develop systems to recruit, develop and retain effective teachers and principals.

With financial incentives and waivers, federal government pushing state reforms

Status of state e�orts to seek waiver from certain requirements of No Child

Left Behind Act (as of January)

intends to submit application waiver in 2012

does not intend to submit application

submitted application waiver in 2011

Sources: Center on Education Policy and CSG Midwest research


FeAture sTory

0% 10% 20% 30% 40% 50%United States

Mississippi2

Massachusetts1

WisconsinSouth Dakota

OhioNorth Dakota

NebraskaMinnesota

MichiganKansas

IowaIndiana

Illinois

% of states’ fourth-graders at or above pro�cient in reading (2011)

34%32%33%

36%32%

39%34%34%

37%35%35%

46%21%

32%

1 Highest-performing U.S. state2 Lowest-performing U.S. state

Source: National Assessment of Educational Progress

Midwestern Legislative Conference 67th Annual MeetingJuly 15–18, 2012 | Cleveland, Ohio

Are you looking for a place to share ideas in a nonpartisan environment?Join us in Cleveland for this summer’s MLC Annual Meeting, the premier event for Midwestern state lawmakers. Register by May 7 to receive a discount on your registration fee.

The MLC Annual Meeting is a conference for policymakers from around the Midwest to share ideas, talk about innovative state policy, discuss common challenges and identify solutions.

Small-group discussions foster collaborative problem-solving, while larger sessions allow attendees to hear from some of the country’s top experts on issues of importance to state policymakers.

This year’s meeting will feature some of the country’s best-known political experts: Donna Brazile, rich Galen and P.J. o’rourke. They will shed some light on the national political scene and provide a preview of the upcoming elections.

evening social events offer the opportunity to network with colleagues. This year’s agenda includes a reception at the Rock and Roll Hall of Fame and a family-friendly evening at The Greater Cleveland Aquarium. Young people will have the chance to visit Cedar Point Amusement Park, the roller coaster capital of the world.

Come early for a special event at the Blossom Music Center, home of the Cleveland Symphony orchestra, or stay late for a chance to visit the Pro Football Hall of Fame.

sPeAKeRs

Donna BrazileDemocratic strategist

Rich GalenRepublican strategist

P.J. o’RourkePolitical satirist, author

WWW.CsGMiDWesT.oRG

Photo by Bob Peroski

evaluated and retained. Following the lead of other states, as well as a push by the federal government (see sidebar article on page 6), Iowa would require more frequent and more thorough evaluations of schoolteachers and principals.

The performance of teachers, as determined in annual evaluations by an administrator, would then be the primary determinant in a school district’s layoff decisions — the practice of last-in, first-out (a seniority-based layoff system) would be eliminated.

In addition, the governor wants to change Iowa’s laws on tenure. Under his proposal, it would take longer to obtain tenure/continuing contract status (the probationary period for a teacher would increase from three years to five years), and the time it takes to remove ineffective tenured teachers from the classroom would be reduced.

“Dismissing an ineffective educator shouldn’t be something that takes a year and hundreds of thousands of dollars,” Glass says.

“Right now, the process can be appealed all the way up to the Supreme Court.”

That system would be replaced with a more streamlined approach: leave the final decision in the hands of the local school board, allow for one outside review by an adjudicator, and ensure the process is wrapped up within 25 days.

In South Dakota, Republican Gov. Dennis Daugaard is proposing to phase out the state’s entire tenure/continuing contract system. After July 1 of this year, tenure would no longer be granted to teachers. (Instructors already with tenure would be grandfathered in.)

These proposed changes continue a regional

trend in tenure reform that began last year. Illinois streamlined the process for dismissing tenured teachers; Michigan expanded the probationary period from three years to five years and tied tenure to proven teacher effectiveness; and Indiana changed its law so that a tenured teacher could be dropped down to probationary status if he or she is evaluated as “ineffective.”

The key to making these changes work, South Dakota Republican Rep. Jacqueline Sly says, will be the implementation of effective evaluation systems.

“The breakdown in continuing contract has been not so much the fault of teachers, but the person evaluating teachers,” says Sly, a retired teacher. “If the evaluation is done right, then you

can address the situation where a teacher is not performing. Document it, offer a plan to assist them, and follow up.”

In South Dakota, under the governor’s plan, a revamped evaluation system would also be used to identify and reward high-performing teachers. Daugaard has proposed a $5,000 yearly bonus for teachers rated among the top 20 percent in their districts. Fifty percent of a teacher’s evaluation would be based on quantitative measures, includ-ing student growth as measured on test scores.

In contrast, under the proposed changes to Iowa’s educator evaluation system, quantitative measures were intentionally left out of the equation.

“We would only use it to validate the evalu-ation,” Glass says, “because even with the best value-added data, there are errors in those results.”

He adds, too, that there are subject areas where students aren’t tested, raising questions about to how evaluate teachers based on student assessments.

Despite these obstacles, though, Glass says development of a quality educator evaluation system in Iowa should be seen as a “bedrock for improving instruction.”

At the same time, he also wants to change how student performance is assessed. For example, have all 11th-graders take a college entrance exam like the ACT, and require that all high school students take end-of-course exams in core subject areas. These moves, Glass says, will help align instruction in the classroom with new state academic standards that emphasize college and career readiness.


StAteLine ProfILe

joined the legislature in 2003. What is your proudest legislative accomplishment in this area?

A: At the time, Iowa was considered to be the methamphetamine-lab capital of

the country. ... The chairman of the committee and I joined forces and we were able to reclas-sify pseudoephedrine as a schedule V controlled substance, which at the time had only been done by Oklahoma, which only [regulated] certain types of it. We worked to classify both liquid and starch-based pseudoephedrine as a schedule V controlled substance, requiring a signature at the pharmacy.

We had an immediate reduction [in meth activ-ity]; in two years, we had a 90 percent reduction in meth labs. Back when we were working on the issue, there were almost 1,500 [meth labs found] the previous year. There was a tremendous cost — it was a health issue. [After we passed the law, we had] an almost 70 percent reduction in child abuse cases related to meth labs. It was a huge success, and that is something that I am pretty proud of. …

Law enforcement tells us that because of the legislation, Iowa has basically had meth-lab extinction. There are 99 counties in Iowa; it was not uncommon to have in each one three to five meth labs — with hazmat crews blocking off an entire neighborhood — per week. It is rare to find a meth lab in the state of Iowa in a given month now.

Q: You served for four years as majority leader in the House. What are some of the top things

the legislature accomplished during this time?

A: The minimum wage hadn’t been raised in years, and we were able to increase the

minimum wage by $2 an hour.We reversed the ban on stem cell research,

which was a pretty controversial issue, but it allowed the University of Iowa to establish one of the nation’s leading stem cell research centers.

We raised teacher pay — we were 42nd in the country, and at the end of that year we were 25th in

the country. And we extended health care coverage to over 30,000 children. That was our first session, so it was a pretty banner year.

Q: One of your top three issues to tackle this session is providing some property tax relief

for businesses. What kind of reforms do you hope for?

A: Commercial property in Iowa is taxed at 100 percent of its valuation. … Our House

Democrat position is to provide some needed relief, but to be sure it is targeted to retail, “main street” businesses as opposed to out-of-state corporations.

Some of the battle between the Democrats and the Republicans is because the Republicans’ formula would allow a vast majority of the dollars of the relief to go to out-of-state corporations. We want to cap the valuation component so that 90 percent of the dollars stay in Iowa for Iowa-based business. That’s the difference in perspective, but we’ve had a seat at the table and have engaged in some very productive bipartisan work.

Q: Another hot topic in the legislature this year is redesigning the delivery system for mental

health and developmental disability services. What is the goal of the work on that issue?

A: Right now the system is county-based, and we have a hodgepodge of 99 delivery

systems. We are trying to go to regional clusters, and the state is taking over the funding for that.

It’s about providing a more equitable situation. Right now there are very disparate situations. If you are in Polk County, which includes Des Moines, you have a very wide array of services. They are delivered fairly efficiently, but there is a lack of funding and there is a waiting list.

However, if you’re just a few counties south, there isn’t that wide array of services and, per capita, it costs a lot more. So we’re trying to figure out regional clusters so that in a cluster of counties, there could be that wide array of services and over time it could be financially sustainable. Right now there are some up-front costs initially, but over time it could be more financially stable.

Q: One of your main jobs is to unite your caucus and help negotiate with lawmakers of the

other party. What is your philosophy in terms of promoting bipartisanship?

A: We have good relationships, but we do engage in partisan battles. Last session

was a disaster for the partisan fighting [because] both parties moved to the extremes.

But we still have good relations across the aisle. One strategy we have is fishing. One of my best friends in the legislature is a Republican, Clel Baudler. He is a pretty conservative Republican, and we go fishing together from time to time. … One of the strategies is to maintain good personal relationships. You might not agree on all of the issues, but if you can trust each other, it’s very helpful.

by Kate Tormey ([email protected])

When he thinks back to his career in politics, Iowa Rep. Kevin McCarthy can attribute many of his opportunities to one phone call.

As an undergraduate at Wartburg College, McCarthy was working as a clerk for a law firm in Waverly, Iowa. One day in the early 1990s, McCarthy noticed a story in The Des Moines Register about Attorney General Tom Miller, who was seeking the office again after an unsuccessful run for governor.

McCarthy wanted to help. So he went to the college library, looked up Miller’s phone number at a Des Moines law firm and called at 5:30 p.m., expecting to leave a message. But surprisingly, Miller answered.

“What I didn’t know is that after the secretaries left, he answered the phone himself,” McCarthy says with a laugh.

McCarthy told Miller a bit about himself, and about his interest in politics and Miller’s run for attorney general. It turned out be an important phone call for both of them. Miller eventually won the election for attorney general with McCarthy ser ving as his campaign manager. And for McCarthy, his work for Miller led him on a path to the Iowa Statehouse.

McCarthy served as an assistant attorney general under Mil ler and later worked in Washington, D.C., for the National Association of Attorneys General on the state tobacco settlement agreement. When an open legislative seat was cre-ated through redistricting in 2002, McCarthy felt compelled to run; he flew home from the nation’s capital on weekends to campaign.

McCarthy was elected to that seat to represent a part of Des Moines where he was born and raised — and where he now lives with his wife and 9-year-old daughter.

He balances his legislative career with his work as an attorney, often “burning the candle at both ends” and going into his law firm on weekends to maintain his caseload.

And for the past five years, McCarthy has had to fit another set of responsibilities into his packed schedule: his role as leader of the House Democratic caucus. McCarthy was selected as majority leader in 2006 and stayed in that position until 2010, when Republicans gained a majority in the House.

“Like a whole lot of states, we were ‘nationalized’ — the conversation was about the federal deficit and federal debt, even though in Iowa we had a balanced budget and a billion dollars in the bank,” he says. “But it didn’t seem to resonate with a lot of the voters, and we were swept out of power.”

McCarthy continues to lead the Democrats as minority leader. Last month, he talked to CSG Midwest about his legislative accomplishments, leadership style and policy priorities. Here are some excerpts from the interview.

Q: You once served as a county prosecutor, and you were appointed as ranking minority

member of the Public Safety Committee when you

Iowa Rep. Kevin McCarthyDes Moines native got his start in attorney general’s office, but has made his mark as leader in state House

Bio-sketch of Kevin McCarthy a Democrat first elected in 2002 and currently serving his 5th term in Iowa House of Representatives

served as majority leader from 2007 until 2010 and currently serves as House minority leader

has a bachelor’s degree from Wartburg College and a law degree from Drake University

born and raised in Des Moines, which he now represents in the legislature

married for 14 years and has a 9-year-old daughter

worked as a Polk County prosecutor and currently practices law


aspect of MAEAP verification has kept almost 55,000 tons of farming soil where it belongs — in farm fields. The MDARD has verified that respon-sible manure applications and other conservation practices are the rule on more than 256,000 acres of Michigan farmland.

In 2011, the Michigan Legislature statutorily made the MAEAP verification process an official state pro-gram, thus providing farmers with tangible benefits for compliance, making farmers better environmental stewards and providing reduction for legal risks in cases of an act of God beyond the farmers’ control. If an accident causes an environmental incident, and if the farmer has done all that was expected of him through the MAEAP program, he will not be subject to fines and penalties. He will have to pay for cleanup, but not civil fines.

Law helps establish clear standards

The law creates a process for the Michigan Agricultural Commission, working with a new advisory council, to formulate and

revise, as needed, clear standards for MAEAP com-pliance. A new grant program was established to help educate and assist farmers with compliance.

Also, a requirement is established for a memo-randum of understanding between the MDARD and the Michigan Department of Environmental Quality to help coordinate pollution prevention activities and to provide for a technical review body to help resolve complaints concerning enforcement issues.

Finally, the new state law (Public Act 1 of 2011) will protect farmers who are MAEAP-verified from often-onerous civil fines under the state’s water quality law if the farm is in compliance, while still retaining liability for the farm for actual natural resources damages.

It was a great honor to have our new governor, Rick Snyder, make agriculture a priority in his first term, as he made the bills in the MAEAP package the first public acts he signed into law for Michigan.

Sen. Joe Hune, a Republican from Hamburg, was first elected to the Senate in 2010 after serving six years in the state House of Representatives.

FirSt PersonFirSt PersonA F O R u M F O R L E G I S L A T O R S A N D C O N S T I T u T I O N A L O F F I C E R S

M ichigan’s Agriculture and Environmental Assurance Program (MAEAP) is another way the state and Michigan’s agriculture

industry are proactively and comprehensively ad-dressing environmental concerns. This program, which was updated in the Michigan Legislature last year, is the latest tool in helping to implement pol-lution prevention practices on farms in the state.

MAEAP is a voluntary, proactive program open to all farms in Michigan. It was designed in 1999 by a coalition of farmers, agricultural commodity groups, state and federal agencies, and conserva-tion and environmental groups to reduce the legal and environmental risks to producers.

The program teaches farmers how to identify and prevent environmental issues and work to comply with state and federal environmental regulations. MAEAP consists of three phases: edu-cation, on-farm risk assessment, and then third-party verification by the Michigan Department of Agriculture and Rural Development (MDARD).

Education begins the processEducation involves farmers attending a qualified MAEAP educational session. Held across Michigan, these sessions introduce farmers to the program and update them on new and emerging regulations and opportunities affecting agriculture.

The on-farm risk assessment focuses on evaluating environmental risks and devising farm-specific and economically viable solutions. Conservation districts in Michigan act as on-farm advisers for these assessments.

Third-party verification is where the MDARD verifies the farm after the requirements of the first two phases are met, the state’s “generally accepted agricultural management practices” are being followed, and the farm has implemented practices specific to system requirements.

Every farm encompasses one of three MAEAP systems designed to help producers evaluate the environmental risks of their operation. Each of the three systems — livestock, farmstead and crop-ping — uses a unique risk-assessment tool that examines a different aspect of a farm, as each has a different environmental impact. Through each phase, producers develop and implement economically feasible, effective and environmentally sound pollu-tion prevention practices.

• The Livestock System primarily focuses on environmental issues related to livestock activi-ties that could include manure handling, storage

and field applications. Conservation practices to protect water and prevent soil erosion are also included. The system concentrates on production and conservation practices, equipment, structures and management activities associated with animal production.

• The Farmstead System addresses environ-mental risks on the entire farmstead, from safe fuel handling to the proper storage of fertilizers and pesticides. It also focuses on protecting surface water and groundwater. This is one MAEAP system that is applicable to every size and kind of operation.

• The final system is the Cropping System, which focuses on environmental issues related to cropping activities, such as irrigation and water use, soil conservation, and nutrient and anti-pest applications. The system has components focused on environmental issues related to management

of diverse commodities.With agriculture being a primary pillar of

Michigan’s economy, thus far 1,000 of the state’s 56,000 farmers have completed the lengthy MAEAP verification process, with 10,000 ad-ditional verifications pending.

Michigan farmers remain the most conscien-tious stewards of our environment because they derive their living from the quality of the state’s land and water resources. To date, farmers have spent more than $1.2 million of their own money on environmental protection measures in this program.

So far, MAEAP, being strictly voluntary, has provided a cost-effective investment for all of Michigan, with more than a 300 percent return on investment for every $1 of state tax dollars spent. Money spent by these responsible farmers saves the state money. Each year, the erosion-reducing

A win-win: Reduce farmers’ legal risks, improve environmental practicesProgram helps producers implement pollution prevention plans by Michigan Sen. Joe Hune (SenJHune@senate. michigan.gov)

Submissions welcomeThis page is designed to be a forum for legislators and constitutional officers. We accept submissions on a wide range of public policy issues and state initiatives. The opinions expressed on this page do not reflect those of The Council of State Governments or the Midwestern Legislative Conference. Responses to any FirstPerson article are welcome, as are pieces written on other topics. For more information, contact Tim Anderson at 630.925.1922 or [email protected].

Each year, the erosion-reducing aspect of MAEAP verification has kept almost 55,000 tons of

farming soil where it belongs — in farm fields.

Farmland as % of total land area in Midwestern states

89.8%

90.0%

92.5%

88.6%

52.9%

86.0%

43.8%

75.4%

27.7%

64.4% 53.4%

Source: U.S. Department of Agriculture


A ttendees of this summer’s MLC Annual Meeting will have the opportunity to hear from some of the nation’s top

speakers on politics, state public policy and the economy, including Donna Brazile, Rich Galen and P.J. O’Rourke.

Registration is now open for the region’s premier event for state lawmakers. This year’s conference will be held July 15-18 in Cleveland and will offer a variety of policy sessions and networking opportunities. An “early bird” discount is available for attendees who register by May 7.

Brazile, a Democratic political strate-gist and syndicated columnist, appears regularly on CNN as one of the network’s political contributors. Her past work as a political strategist included serving as Al Gore’s presidential campaign manager.

Galen, a Republican strategist, also fre-quently appears on television to provide his expertise on politics and elections. He spent six months reporting from Iraq, at the request of the White House, in 2003 and 2004. Galen currently writes an online political column, Mullings.

Legendary political satirist P.J. O’Rourke will be another featured speaker at this year’s meeting. An Ohio native, O’Rourke is the author of numerous best-selling books and has been called the “funniest writer in America” by Time magazine and The Wall Street Journal.

This year’s keynote address on the future of the Midwestern economy will be delivered by Charlie Wheelan, whose work focuses on applying economic principles to solve real-world problems. Wheelan is the author of the book “Naked Economics.”

In addition to hearing from these top speakers, attendees of the MLC Annual Meeting will have the chance to share ideas and innovative solutions with one another in a nonpartisan environment.

Evening events at the MLC meeting give policymakers the opportunity to network with colleagues. This year, the evening program will include an event at the Rock and Roll Hall of Fame. Daytime activities are also being planned for guests of all ages.

Registration for the meeting can be completed online at www.csgmidwest.org.

The Council of State Governments was founded in 1933 as a national, nonpartisan organization to assist and advance state government. The headquarters office, in Lexington, Ky., is responsible for a variety of national programs and services, including research, reference publications, innovations transfer, suggested state legislation and interstate consulting services. The Midwestern Office supports several groups of state officials, including the Midwestern Legislative Conference, an association of all legislators in 11 states: Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Nebraska, North Dakota, Ohio, South Dakota and Wisconsin. The Canadian provinces of Alberta, Manitoba, Ontario and Saskatchewan are MLC affiliate members.

CSG MidweSt news & eVen Ts

MLC Annual Meeting offered at discount for early registrants

While the Bowhay Institute for Legislative Leadership Development is the leader-ship program for newer Midwestern

legislators, CSG also offers a program for more experienced policymakers.

The Toll Fellowship Program, named for CSG founder Henry Wolcott Toll, is one of the nation’s premier leadership development programs for state government officials. Each year, CSG brings 48 of the nation’s top state officials from all three branches of government to Lexington, Ky., for a six-day “intellectual boot camp.” This year’s program will be held Sept. 7-12.

The Toll Fellowship Program is designed for mid-career state officials. Past graduates have gone on to serve as governors, secretaries of state, chief justices, legislative leaders and members of the U.S. Congress.

The program’s agenda includes a lineup of dy-namic speakers and sessions designed to stimulate personal assessment and growth while providing networking opportunities. Previous programs

have included sessions on leadership personality assessment, media training, crisis management, appreciative inquiry, adaptive leadership and much more.

Twelve participants from each of CSG’s regions are selected by a panel of Toll alumni. The cost of the program is covered by CSG; participants are responsible for paying for transportation to and from Lexington.

Applications for the 2012 Toll Fellowship Program are due April 20 and are available online at www.csg.org/LeadershipCenter.

Questions about the program should be directed to program director Krista Rinehart at 859.244.8249 or [email protected].

Applications for CSG regional, national leadership programs due in April

Who should apply for a fellowship?Midwestern legislators in the first four years of

service are encouraged to apply. Fellowships

are awarded based on an applicant’s

ability to demonstrate leadership potential, dedication to public service,

and commitment to the legislative

process and institution.Each year, 33 fellowships will be awarded through a competitive selection process to lawmakers

from the Midwestern states of Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Nebraska, North Dakota, Ohio, South Dakota and Wisconsin.

About BILLD fellowships

Each BILLD fellowship covers the

cost of tuition, lodging and meals

during the five-day institute. Each

fellow also is eligible for a travel

stipend that covers a portion of

travel costs.

How to apply Applications are available on the CSG Midwest website at www.csgmidwest.org or by contacting Laura A. Tomaka at 630.925.1922 or [email protected] application materials must be received by the CSG Midwest office by April 2, 2012.

What is the Bowhay Institute for

Legislative Leadership Development?

The Bowhay Institute helps newer

legislators in the Midwest develop the

skills they need to be effective leaders,

informed decision-makers and astute

policy analysts. BILLD offers a unique

opportunity for lawmakers to improve

their leadership skills and explore

the issues of the day with nationally

renowned scholars, professional

development experts and legislative

leaders and colleagues from across the

region.

18th Annual Bowhay institute for Legislative Leadership Development

August 10-14, 2012 :: Madison, Wisconsin

2012 BiLLD Application Deadline: April 2

Toll Fellows brings together promising leaders in 3 branches of state government

BILLD program designed for Midwestern legislators in first four years of service


running a positive trade balance with other nations.

The summit provided state legislators with policy ideas for growing rural communities and keeping agriculture profitable. Other sessions focused on such issues as rural energy, invasive species, food safety and farmland taxation.

SARL is a national organization that brings together state policymakers interested in agri-culture policy and rural affairs. Its mission is to promote policy solutions and innovation to serve the agricultural and rural communities

of the United States and Canada.

T h re e Mi dwe s t e r n legislators serve on the organization’s leadership team: South Dakota Sen. Larry Rhoden, vice presi-dent; Iowa Rep. Annette Sweeney, board member; and North Dakota Rep. Wes Belter, treasurer.

For more informa-tion about SARL, visit www.agandruralleaders.org or contact Carolyn Orr at [email protected].

S tate legislators from the Midwest traveled to Capitol Hill in January as part of a gathering of agriculture and rural leaders

from across North America.Lawmakers from 47 states (including all

11 in the Midwest) as well as eight Canadian provinces attended the 11th Annual Legislative Agriculture Chairs Summit in Washington, D.C. The summit was organized by the State Agriculture and Rural Leaders Association (SARL), a group sponsored in part by The Council of State Governments.

During a visit to the White House, lawmak-ers met with U.S. Department of Agriculture Secretary and former Iowa Gov. Tom Vilsack as well as other key agriculture officials. They discussed the future of international agricul-tural trade and pending U.S. Environmental Protection Agency regulations.

During a visit to the U.S. Congress, lawmakers participated in briefings on the federal farm bill with staff from agriculture- and energy-related congressional committees.

In addition to the meetings with federal officials, summit attendees met with policy experts and discussed current issues affecting agriculture at the state and national levels. The group of state legislative leaders also discussed solutions that have been successfully implemented around the country.

Nebraska Gov. Dave Heineman opened the summit with a speech fo-cusing on the importance of agriculture and how it has helped his state main-tain a low unemployment rate of 4.1 percent.

He noted, for example, that agriculture is one of the few economic sec-tors in the United States

Midwestern legislators part of North American summit on agriculture issues

C A L E N D A R

uPCOMING MIDWESTERN LEGISLATIvE CONFERENCE AND COuNCIL OF STATE

GOvERNMENTS EvENTS

BOWHAY INSTITuTE FOR LEGISLATIvE LEADERSHIP DEvELOPMENT (BILLD)

STEERING COMMIT TEE MEETINGApril 27-28, 2012Chicago, Illinois

Contact: Laura Tomaka ([email protected])630.925.1922

www.csgmidwest.org

CSG NATIONAL LEADERSHIP CONFERENCEMay 17-20, 2012La Quinta, Calif.

Contact: Kelley Arnold ([email protected])800.800.1910

www.csg.org/events

67TH ANNuAL MEETING OF THE MIDWESTERN LEGISLATIvE

CONFERENCEJuly 15-18, 2012 Cleveland, Ohio

Contact: Gail Meyer ([email protected])630.925.1922

www.csgmidwest.org

18TH ANNuAL BOWHAY INSTITuTE FOR LEGISLATIvE LEADERSHIP DEvELOPMENT (BILLD)

August 10-14, 2012Madison, Wisconsin

Application deadline: April 2

Contact: Laura Tomaka ([email protected])630.925.1922

www.csgmidwest.org

HENRY TOLL FELLOWS LEADERSHIP PROGRAM

September 8-13, 2012Lexington, Kentucky

Application deadline: April 20

Contact: Krista Rinehart ([email protected])859-244-8249www.csg.org

THE COuNCIL OF STATE GOvERNMENTS 2012 NATIONAL CONFERENCE

November 30-December 3, 2012Austin, Texas

Contact: Kelley Arnold ([email protected])800.800.1910

www.csg.org/events

State policymakers who attended the Midwestern Radioactive Materials Transportation Committee’s fall meet-ing in Carlsbad, New Mexico, were invited to tour the U.S. Department of Energy’s Waste Isolation Pilot Plant (WIPP). WIPP is the world’s only deep geologic repository for radioactive transuranic waste; it houses waste material from the U.S. nuclear defense program.

The Midwestern Radioactive Materials Transportation Pro-ject is a joint project between CSG Midwest and the U.S. Department of Energy. Since 1989, the project has helped state governments in the Mid-west learn about and provide input into the DOE’s plans for shipping radioactive materi-als through the region. For more information, contact Lisa Janairo at [email protected].

CSG Midwest committee discusses radioactive waste transportation, tours federal disposal site

Indiana Sen. Jean Leising questions food safety officials about egg farm inspections at a White House briefing.

Iowa Rep. Annette Sweeney talks with U.S. Department of Agriculture Natural Resources Conservation Service Chief Dave White about the repair of flooded land in Iowa.

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CAPitoL CLIPsMidwestern states take differing actions on tax credits for working poorWhile one Midwestern state has passed legislation to decrease taxes for some low-income residents, two other states in this region have scaled back their credits for the “working poor.”

In January, Illinois Gov. Pat Quinn signed a bill (SB 400) to expand the state’s earned income tax credit (EITC). According to the Center on Budget and Policy Priorities, 24 states offer an EITC, which is usually given as a percentage of the taxpayer’s federal credit. EITCs, which are targeted to low-income workers, are typically refundable — meaning a taxpayer can receive a check for an amount exceeding his or her tax bill.

In Illinois, the state EITC rate will increase from 5 percent of a taxpayer’s federal credit to 7.5 percent in tax year 2012. In 2013, it will increase to 10 percent of the federal credit. According to the Chicago Tribune, the expanded credit will save working families $100 more in taxes each year.

For 2011 taxes, however, Wisconsin is re-ducing its credit for families with two chil-dren (from 14 percent to 11 percent) as well as those with three or more children (from 43 percent to 34 percent). In the 2012 tax year, Michigan’s EITC will decrease to 6 percent of the federal credit (from 20 percent).

Court rules Minnesota cannot keep newborns’ blood samplesMinnesota health officials must begin de-stroying blood samples collected from new-borns over the past 15 years, due to a state Supreme Court ruling issued in November.

Every state in the nation conducts a newborn screening program, which tests babies shortly after birth for a range of congenital diseases. Since 1997, Minnesota has kept the samples in an anonymous database and used them for research purposes after testing is complete, re-ports the Minneapolis Star Tribune.

But late last year, the Minnesota Supreme Court sided with nine families who sued the state on grounds that keeping the samples violates the state’s 2006 Genetic Information Act.

The state will still test babies after birth, but under the ruling, samples must be destroyed 71 days after collection. The state will soon begin destroying samples collected since the date of the Supreme Court ruling, Nov. 16.

But still in question are about 1 million other samples, which were collected between 1997 and the date of the court ruling. The District Court must decide whether the families in-volved in the lawsuit are entitled to dam-ages, a process which state officials say could take up to a year.

Iowa requiring close look at impact of new agency rules on jobs in Iowa, any proposed new rule or regulation by a state agency must be accompanied by a “jobs impact statement” — the effects, positive or negative, of the state’s action on employment in the private sector.

The requirement is the result of a gubernatorial executive order signed in 2011. Iowa legislators now want to make the rule more permanent, by passing legislation that would require jobs impact statements no matter who is serving as governor.

According to the Sioux City Journal, HF 2042 was the first bill approved this year by the Iowa House and did not receive a single no vote. (It had not yet been considered by the state Senate as of late January.) Like the executive order, the bill calls for an analysis of the cost of any new administrative rule on local governments and businesses. Whenever possible, too, the jobs impact statement must determine the per-employee cost of implementing or complying with a state rule.

Some states require that economic impact analyses be done on proposed legislation. A 2011 study by the state of Connecticut found that at least seven states (none of the seven were in the Midwest) have such requirements, some of which focus specifically on a bill’s effects on jobs and small businesses.

Tax season a time for giving through voluntary checkoffsThe number of voluntary tax checkoff programs in the Midwest has close to doubled over the past decade, and at least one more may soon be added to the list.

Legislation introduced in Kansas this year (HB 2454) would allow taxpayers to check off a donation to the Kansas Arts Commission. According to The Wichita Eagle, the measure is an attempt to raise private funding for the commission, which had its funding cut out of last year’s state budget. If the legislation is adopted, Kansas would become the region’s first state to create a tax checkoff program for the arts.

Starting this year, Ohio becomes the first state in the region to raise money for its historical society through a tax checkoff program. States have most commonly used tax checkoffs to raise money for wildlife conservation. Every Midwestern state but Michigan will still offer this checkoff option in 2012, and in Indiana and Minnesota, wildlife conservation remains the sole option. In contrast, taxpayers in Wisconsin have 10 different choices (highest total in the Midwest) — from helping with Lambeau Field renovations to assisting military veterans and their families. The latter is one of the more common types of state tax checkoff programs, as are cancer research and child abuse prevention.

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