Stateline Midwest - CSG Midwest

Stateline
Midwest Vol.
20, No. 12 • December 2011
The Midwestern Office of The Council of State Governments
INSIDE
CSG Midwest Issue Briefs 2
• States strengthening review of increases
in health care premiums
• State export-promotion programs
getting a boost
• Change in federal law could lead to horse
processing facilities opening again
• State, provincial lawmakers raise concerns
about impact of “Buy American” proposal
Around the Region 4
Fiscal data show states being squeezed;
policies on health care for retired legislators
Question of the Month 5
What are the similarities and differences in
states’ graduated driver’s license laws?
Feature Story 6
Federal legislation would strip Great Lakes
states of authority on ballast water permitting
Profile 8
Kansas Rep. Paul Davis
FirstPerson 9
Kansas Sen. Tim Owens on his state’s
new law to prevent drunk driving
CSG News & Events 10
• CSG policy academies foster collaboration,
learning among state legislators
• Donna Brazile, Rich Galen and P.J. O’Rourke to be
featured speakers at 2012 MLC Annual Meeting
Capitol Clips 12
• Caught on tape: Illinois legislature OKs use
of speed cameras near parks and schools
• Fracking legislation: Differing proposals
emerge on use of oil and recovery process
• Leaving No Child Left Behind: States seeking
waivers for new direction in education policy
• Paperless legislatures: Indiana latest state trying
to cut down on use of paper during session
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 Staff
Michael H. McCabe, Director
Tim Anderson, Publications Manager
Cindy Calo Andrews, Assistant Director
Ilene K. Grossman, Assistant Director
Lisa R. Janairo, Senior Policy Analyst
Laura Kliewer, Senior Policy Analyst
Gail Meyer, Office Manager
Laura A. Tomaka, Senior Program Manager
Kathryn Tormey, Policy Analyst/Assistant Editor
Kathy Treland, Administrative Coordinator and Meeting Planner
Decisions on oil pipeline
run through Midwest
Nebraska special session shows role for states in
project that aims to boost U.S. use of Canadian oil
by Ilene Grossman (igrossman@csg.org)
TransCanada has faced many hurdles
in its multi-year effort to get a new
1,700-mile oil pipeline built.
But this fall, the energy infrastructure
company ran up against perhaps its stiffest
opposition yet — from concerned residents
and lawmakers in the state of Nebraska.
“Every Nebraskan has an opinion about
two things right now,” state Sen. Ken Haar
said in advance of a special legislative session
called by the governor in November, “Big
Red football and the Keystone pipeline.”
Public outcry over the Keystone XL
pipeline being routed through the Sandhills,
an ecologically sensitive area of the state that
also contains areas of shallow groundwater,
had been building for months.
That outcry ultimately resulted in a
special legislative session in November, new
laws that will beef up Nebraska’s oversight
of future oil-pipeline projects, and an agreement
to reroute the proposed pipeline away
from the Ogallala Aquifer, a critical resource
for irrigation and drinking water.
The events in Nebraska were also cited
by the Obama administration when it announced
that a decision on whether to grant
the necessary presidential permit for the
project would be delayed until 2013.
A final decision was originally expected
by the end of 2011. As a result, the
controversy over constructing a pipeline
that would bring oil from Alberta’s oil
sands to U.S. refineries and consumers
will continue over the next year.
More state oversight of pipelines
During Nebraska’s special session,
TransCanada — the energy infrastructure
company that developed plans for and will
own the pipeline — agreed to work with
the state of Nebraska on a new route.
The Legislature, meanwhile, passed
two bills to improve state oversight over
The Keystone XL pipeline project: A time line of the
application and approval process
September 2008 — TransCanada application to build pipeline received by U.S. State
Department, which publishes a notice of intent to prepare environmental impact statement, meets with
communities/tribes along the route and consults with other federal agencies.
April 2010 — Draft environmental impact statement issued, followed by public meetings and
comment period.
April 2011 — Supplemental draft environmental impact statement issued, followed by
comment period.
August 2011 — Final environmental impact statement concludes that the Keystone XL
pipeline would not cause any significant impact to resources along the pipeline route.
September 2011 — Review period begins with public meetings in states and consultations
with at least eight federal agencies.
November 2011 — Nebraska Unicameral Legislature holds special session due to concerns
about pipeline being routed through Sandhills and Ogallala Aquifer.
November 2011 — TransCanada agrees to work with the state of Nebraska on developing an
alternative route for the pipeline.
November 2011 — Citing the need to explore alternative routes for the pipeline, the U.S.
State Department announces that a final decision will be delayed until at least the first quarter of
2013. Previously, an announcement on whether to grant a presidential permit for Keystone XL had
been expected by the end of 2011.
any new proposal from TransCanada or
other pipeline projects.
Prior to those measures being passed,
Haar says, Nebraska had lacked the kind
of pipeline-siting laws that some states
already had on the books.
In Montana, for example, the state’s
Major Oil Pipeline Siting Act requires
that major projects apply for certification
from the Department of Environmental
Please turn to page 6
Alberta oil sands
development, mining
and exploration
continues, as does
the controversy over
plans to build a
pipeline that would
allow much more of
this oil to be shipped
to and used in the
U.S. The pipeline
expansion would go
through the Midwest.
(photo: David Webb/
Dreamstime.com)

CSG Midwest Issue Briefs
Health & Human Services
Issue 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.
With new laws and technologies,
states strengthening review of
rate increases by insurers
E
arlier this year, the federal government issued
its first request for a health insurer to justify
a premium increase.
Under the 2010 Affordable Care Act, insurance
companies must explain premium hikes of 10 percent
or more. The goal of this provision is to make sure
insurance companies are basing their rates on sound
data and that they are being fair to the consumer.
But how proposed increases are handled varies
widely from state to state. The insurance company
that was flagged in November, for example, is based
in Pennsylvania — one of a handful of states in which
the federal government is reviewing health insurance
rates. In these states, the U.S. Department of Health
and Human Services has determined that state officials
are not able to properly monitor rate hikes.
In these states, the federal government cannot
force insurance companies to lower a proposed
increase; it can only require them to explain reasons
for the hike and post them online.
But in 42 U.S. states, including all 11 in the
Midwest, “effective rate review” programs exist
State authority to approve or deny
health insurance premium increases
State has prior-approval authority in individual
and small-group markets*
Prior-approval authority in
individual market
No prior-approval
authority
* In Michigan, the state has prior-approval authority only for HMOs
and Blue Cross and Blue Shield plans.
Source: Kaiser Family Foundation
to monitor insurance rates. In 26 of these states,
regulators have the authority to reject the increases
proposed by health insurance companies. Nine
Midwestern states (all but Illinois and Wisconsin)
have this ability — known as prior-approval authority
— in at least some insurance markets.
South Dakota is the most recent Midwestern state
to pass prior-approval legislation. SB 43, signed into
law in March, gives state regulators the ability to
approve or deny rate increases in the individual health
insurance market. Companies in the small-group
market are subject to “file and use” rules: They must
publish their rates in advance of implementation, but
the state cannot block changes in rates.
Every Midwestern state except Iowa has been
awarded the $250 million in federal grants (part of
the Affordable Care Act) designed to set up or improve
rate-review programs. As a result of the first cycle of
funding, awarded in 2010, nine U.S. states passed
legislation to enhance rate review. During the most
recent round of funding, granted in September, seven
states are introducing legislation to strengthen their
rate-review programs, according to HHS.
States are also using federal funds to hire more
staff, upgrade the technology used to collect and
analyze data, and improve consumer access to
information. Indiana, for example, launched a “Rate
Watch” website for residents to search insurance
companies’ rate filings.
The federal government will award more grants
to states in 2012.
Brief written by Kate Tormey, who serves as staff liaison to the Midwestern Legislative Conference Health & Human Services Committee. She can be reached at ktormey@csg.org.
The committee’s co-chairs are Illinois Sen. Mattie Hunter and South Dakota Sen. Jean Hunhoff.
Economic Development
With new federal grants, states
target increase in export activity
among small businesses
The Midwest’s economy has long been reliant
on the ability of agricultural producers,
manufacturers and others to export their
goods and services to foreign markets.
In 2008, export activity accounted for close to or
more than 10 percent of total state gross domestic
product in most of the 11 Midwestern states, according
to the Business Roundtable. (Its study found
a range of between 4.5 percent of total GDP in South
Dakota and a high of 11.8 percent in Michigan.)
But is the Midwest — and the nation as a whole
— meeting its export potential? Some data would
suggest no.
First, many U.S. trade competitors and partners
have much higher export figures relative to their
total GDP. According to a 2010 Brookings Institution
report, for example, exports accounted for 35.8
percent of GDP in China and 35.1 percent in Canada.
Second, only a small portion of American firms (less
than 1 percent) currently sell their goods or services
to markets outside the United States.
Many of the factors influencing export activity are
beyond states’ control, from the monetary and tax
policies of national governments, to international
trade agreements, to demographic changes and
economic conditions in overseas markets.
But states do have a role to play.
In fact, through their international development
offices and services, states have proven to be
important partners and resources for many small
businesses wanting to become exporters. Now,
these state-level assistance programs are being
given the chance to expand.
Every Midwestern state except North Dakota
has applied for and secured a federal grant under
the State Trade and Export Promotion program, a
pilot initiative included in the Small Business Act
of 2010. The Council of State Governments and the
State International Development Organizations
(an affiliate of CSG) were instrumental in getting the
legislation through the U.S. Congress.
First-year grant awards under the program will
increase total state spending on export promotion
by more than 30 percent, with some states doubling
their export budgets.
In the Midwest, states plan to sponsor new trade
shows and missions, provide more training programs
and technical assistance (marketing services,
Amount of federal grants to states under
first year of pilot State Trade and Export
Promotion program
Did not apply
for grant
$116,000
$311,000
$505,000
$454,000
$370,000
$162,000
$1.5
million
$1.3
million $100,000
$983,000
Source: U.S. Small Business Administration
market analysis and foreign language translation, for
example), and expand efforts to match in-state sellers
with overseas buyers.
Kansas, for example, is targeting help for its
agricultural sector, with plans to have new trade
shows and missions that link producers with key
foreign markets such as Germany, Russia and China.
Wisconsin will focus on helping small and mediumsized
firms expand sales activities in India.
Brief written by Tim Anderson, who can be reached at tanderson@csg.org. Ohio Rep. Ted Celeste and South Dakota Sen. Mike Vehle serve as co-chairs of the Midwestern Legislative
Conference Economic Development Committee.
2 STATELINE MIDWEST December 2011

Agriculture & Natural Resources
Rising problem of unwanted
horses could lead to return of
once-banned processing facilities
The door is open for horse processing to return
to the Midwest.
In 2007, the region’s lone horse processing plant
— in the Illinois town of DeKalb — was closed as a result
of Illinois HB 1711, which made it unlawful to slaughter
a horse for human consumption. But some recent state
and federal actions now point to the possibility of new
processing facilities opening in the region.
At the federal level, a de facto ban on horse slaughter
had been in place for several years: A rider in the annual
U.S. Department of Agriculture appropriations bill
prohibited the agency from inspecting horse processing
facilities, and such inspections are required for a facility
to export the product for human consumption.
This year, however, for the first time since 2005,
no such rider was included in the bill.
The exclusion is a result of a groundswell of efforts by
horse owners, horse councils and American Indian tribes
as well as multiple state legislative initiatives to reinstate
horse processing in the U.S. In a recent national survey by
the Unwanted Horse Coalition, more than 90 percent of
respondents indicated that the number of neglected and
abused horses is increasing, and 87 percent — compared
with only 22 percent three years ago — said the issue of
unwanted horses is a “big problem.”
According to the U.S. Government Accountability
Office, state investigations of horse neglect are up 60
percent since domestic horse slaughter ended in
2007. Almost all states have reported significant
increases in the number of horses abandoned on
state and private lands, a
problem exacerbated by
rising costs for hay and feed.
The idea of slaughtering
horses, though, does not sit
well in a country where the
animals are treated as companion
animals or pets and
not thought of as livestock.
Sen. Billie Sutton
Leading the opposition to
horse slaughter has been the
Humane Society of the United States.
“Horses are not raised for meat, as cattle are, but
rather opportunistically gathered with the intention
of slaughter and processing,” says Wayne Pacelle,
president of the Humane Society.
But South Dakota Sen. Billie Sutton disputes this notion.
A self-professed horse lover, he has been active in his
state’s efforts to reinstate domestic processing options.
South Dakota is among the dozen or so states to
have passed resolutions urging the U.S. Congress to
reinstate federal inspections of horse processing facilities
and to oppose restrictions on horse transport.
(The Midwestern Legislative Conference has also
adopted like-minded resolutions.)
“I believe that we have people in South Dakota
that will build or convert a plant to process horses,”
says Sutton, who, like many horse owners, has been
confronted with the problem of what to do with a
horse that is no longer serviceable.
The cost of euthanizing and disposing of an unwanted
horse can run upward of $800. An American
Horse Council study found that the maximum
capacity for all horse rescue operations in the United
States is about 18,060 horses per year. The annual
cost to maintain one horse averages $2,300.
In Nebraska this year, a bill (LB 305) to create a
state meat inspection program was signed into law.
The bill did not mention horses, but a companion
measure that failed to make it out of committee
would have required every horse rescue operation to
provide care for every animal brought to it. This fueled
speculation that LB 305 was a step toward processing
horses in Nebraska — by establishing a state meat
inspection agency to do what federal inspectors were
forbidden to do. The bill’s sponsor, Sen. Tyson Larson,
has said that it is more humane to allow owners to
send their horses to a processing plant than to allow
them to starve or be abandoned.
Now that the U.S. Congress has removed the ban
on USDA inspectors in horse processing facilities, it
is up to the federal agency to determine how it will
add this service.
Brief written by Carolyn Orr, staff liaison to the Midwestern Legislative Conference Agriculture and Natural Resources Committee. She can be reached at corr@sarl.us. The MLC committee’s co-chairs
are North Dakota Sen. Tim Flakoll and Kansas Sen. Carolyn McGinn.
Midwest-Canada Relations
‘Buy American’ provisions of
Jobs Act raise concern of harm
to firms on both sides of border
P
rovisions in President Obama’s proposed
jobs plan that would require certain projects
to use only American-sourced materials have
sparked fear over potential damage to the United
States’ largest trading partnership — with its
cross-border neighbor Canada.
These “Buy American” provisions would require
companies bidding on infrastructure projects
funded through American Jobs Act legislation to
use iron, steel and components with 100 percent
domestic content. But with cross-border supply
chains providing a major part of economic activity
between the U.S. and Canada, “Buy American” could
hurt companies in both countries.
Leaders of the Midwestern Legislative Conference
Midwest-Canada Relations Committee expressed
these concerns in a letter sent to Obama, U.S. Trade
Representative Ron Kirk and members of the U.S.
Congress from the Midwest. The letter focuses specifically
on cross-border integrated supply chains:
groups of companies that buy component parts or
raw materials from one another to make a finished
product. Such chains are common in the auto industry
(see illustration), but are also part of the manufacturing
process for other goods.
“Many of our businesses truly are partners,
manufacturing products together,” says Kansas Sen.
Ray Merrick, co-chair of the committee. “Today more
than 40 percent of daily cross-border trade is within
the manufacturing sectors of our two countries.”
Wayne Elhard, a member of the Legislative
Assembly of Saskatchewan, adds, “The supply chain
is so integrated that any disruption in the flow of
products across the border can have an immediate
and significant impact on existing jobs.”
Canadian as well as U.S. companies could be hurt by
the Buy American provisions. Canadian firms that cannot
participate in these infrastructure projects would
not need to purchase as many parts and raw materials
from their U.S. suppliers. U.S. companies, meanwhile,
would be forced to drop reliable suppliers in order to
bid on a project funded by the Jobs Act. Sourcing their
materials solely from U.S. suppliers could raise the price
of their bids and, as a result, the cost of projects.
Mike Lynch, a vice president at Illinois Tool Works,
a diversified manufacturer of engineered products and
specialty systems, points out that companies sometimes
aren’t even able to purchase component materials for
their products in the U.S. Lynch gives the example of
safety-critical threaded metal bolts, most of which are
produced using a particular kind of steel. The closest
supplier for that steel is in Canada.
“We [Canada and the United States] need to focus
on our real competitors, not in North America but
around the world,” Elhard says.
The Jobs Act failed to pass the U.S. Senate, but the
administration is promising to push various provisions
separately. Congress is likely to consider measures
This photo shows the rear suspension assembly of
the Chevrolet Equinox, with the flags indicating
the source country of the individual parts. (Source:
Martinrea International Inc., London, Ontario.)
before next year’s election that include a Buy American
requirement.
While the legislation stated that the Buy American
provision would be applied in a way that is consistent
with international trade agreements, this applies only
to spending by the federal government and to states
that have signed on to the Government Procurement
Agreement. Much of the Jobs Act spending would be by
sub-state (mostly city and county) units of government
that are not bound by international treaties.
The Midwest-Canada Relations Committee has been
steadfast in its opposition to Buy American provisions,
which first emerged — and were ultimately included — in
the American Recovery and Reinvestment Act.
Brief written by Ilene Grossman, who serves as staff liaison to the Midwestern Legislative Conference Midwest-Canada Relations Committee. She can be reached at igrossman@csg.org.
3 STATELINE MIDWEST December 2011

Around The Region
Even with uptick in tax
revenue, states not at
pre-recession levels
State tax collections were up across the
Midwest in FY 2011, a year in which all
11 states in the Midwest either met or
exceeded original revenue projections, according
to the “Fiscal Survey of States” released in
November.
In comparison, only three states in the
region (Iowa, Michigan and Wisconsin) hit or
surpassed their revenue estimates in FY 2010.
There are also signs of an improving revenue
picture in FY 2012. Nationally, states enacted
budgets with a 2.9 percent increase in generalfund
spending — the second year in a row that
expenditures rose following an unprecedented
two-year drop.
Spending by U.S. states still remains below its
pre-recession high; in the Midwest, four states
enacted FY 2012 budgets with total expenditures
lower than they were in FY 2008: Kansas,
Michigan, Minnesota and South Dakota.
The fiscal survey is released twice a year by
the National Association of State Budget Officers
and the National Governors Association.
Those two organizations warn that despite
improvements in tax collections, states are now
being squeezed in two different directions. First,
the budget assistance provided to states via the
federal American Recovery and Reinvestment Act is
gone. The loss of that money alone wipes away
state increases in tax collections. Second, local
governments are experiencing revenue declines
due to the loss of housing values — a situation
that will put pressure on state leaders to boost
funding for cities, counties and schools.
Meanwhile, the cost of state Medicaid programs
continues to rise. The health insurance
program now accounts for nearly 1 of every 4
dollars spent by states. Over the next 10 years,
total Medicaid spending is projected to increase
annually by 8.3 percent.
Tax collections in FY 2011 compared with
revenue projections used to adopt budget
Revenues higher
than estimates
Total year-end balances as a % of
expenditures, FY 2008 vs. FY 2012
FY 2008 (pre-recession) FY 2012
Less than 1%
Greater than 5%,
less than 10%
Revenues on target
Greater than 1%,
less than 5%
Greater than 10%
Source: “The Fiscal Survey of States”
Michigan ends health benefit for
legislators now only available in 2
Midwest states: Ohio and Illinois
Michigan Rep. Joel Johnson says he entered
elective office this year looking to save
taxpayers money whenever and wherever
he could.
Within weeks, he found one of his first targets:
a health care benefit for him and his legislative colleagues.
The state was picking up 90 percent of the
health care premium of any former legislator who
was at least 55 years old and who had six years of
legislative service.
“That is not something you see in the private
sector,” Johnson says, “or any sector really.”
The cost to the state
was roughly $5.3 million a
year, a drop in the bucket
considering Michigan
spends more than $50
billion a year.
“Five million dollars is
still real money,” Johnson
says. “And my feeling is
that when we talk about
Rep. Joel Johnson
public service, service does
not mean serving yourself.
At a time when people are having to get by with
less things, we should do the same.”
His colleagues apparently agreed. HB 4808 — a
measure similar to bills introduced in previous sessions
that failed to pass — received overwhelming
bipartisan support in the House and Senate and
was signed into law in October.
Some current legislators will still be eligible for
retiree benefits if they have served at least six years
before Jan. 1, 2013. (Because of term limits, many
current legislators, including Johnson, have not served
long enough to meet this requirement.)
Eventually the benefit will be gone completely.
In comments submitted to a Senate committee,
leaders of the Michigan State Employee Retirees
Association warned the change may save $5 million
a year, but could also cost the state in another way:
limiting the people willing and/or able to run for
office in a full-time Legislature like Michigan where
lawmakers meet year-round.
“Eliminating the retiree health care benefit for
future legislators will diminish, rather than enhance,
the motivation of highly qualified people to run for
the House and Senate,” they said in the letter.
The association had instead proposed raising
the age of eligibility (from 55 to 60) and reducing,
but not doing away with, the premium assistance
provided to retired legislators.
Regional overview of health benefits
for retired legislators, employees
Prior to the change in law, Michigan had one of the
most generous health insurance plans for retired state
legislators in the Midwest.
A 2007 CSG Midwest survey found that most states
in the region provide either no post-retirement health
benefits for legislators or no premium assistance.
Michigan was one of three exceptions to that rule,
with the other two being Illinois and Ohio.
In Illinois, retired members of the General
Assembly who have been in the state health
insurance program for four years have their entire
health care premium paid for by the state.
In Ohio, former legislators with at least 10
years of service are eligible for insurance and
premium assistance via the Ohio Public Employees
Retirement System. They receive a monthly allowance
to pay for health care coverage. Depending
on how long the individual has worked in state
government and when he or she retired, the allowance
covers anywhere from 25 percent to 100
percent of health insurance costs.
Michigan, Illinois and Ohio are also the
three states that have traditionally provided the
most generous health coverage for retired public
employees. In the other eight states, retired public
employees must pay most or all of their insurance
premiums upon retirement.
Retired workers in these states mostly just
receive an “implicit subsidy”: the ability to purchase
insurance through a group plan that includes
younger, healthier individuals who drive down the
cost of health coverage for everyone in the plan.
(In most states, retired legislators are eligible to
participate in these group health plans but must
pay the full premium. Michigan lawmakers will
not have this option under the new law.)
Some Midwestern states, though, offer other
ways to help employees bridge what can be a costly
gap in health care coverage between when they
retire from government and when they are eligible
for Medicare. In Iowa and Wisconsin, for example,
retired workers are able to apply their unused sick
leave to their health insurance premium. And over
the past decade, Indiana and Minnesota have set
up tax-free accounts that help employees save for
post-retirement health care.
Article written by Tim Anderson, publications
manager for CSG Midwest, who can be reached at
tanderson@csg.org. More articles on institutional issues
in state government and legislatures are available at
www.csgmidwest.org.
Retiree health care plans in the Midwest:
Some states pay insurance premiums;
others leave bill to retired workers
State pays for most or at least some of its
retired workers’ health insurance premiums
Retirees are responsible for paying most or all
of their health care premiums
4
STATELINE MIDWEST December 2011

Question of the Month
One of the many services provided by CSG Midwest is its Information Help Line, a research service
intended to help lawmakers, legislative staff and state officials from the region. Through the Help
Line, CSG Midwest staff responds 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, please call 630.925.1922 or email us at csgm@csg.org.
Question: What states in the Midwest have graduated driver’s license
laws, and what are the differences and similarities in these laws?
According to the National Transportation Safety
Board, traffic crashes are the leading cause of death
for teenagers, and multiple studies have shown that
graduated driver’s license (GDL) laws are effective
in improving teen driving safety. Under these laws,
a state imposes restrictions on young drivers until
they gain more experience behind the wheel.
In 1993, the NTSB recommended that states implement
a GDL consisting of three stages: 1) a learner’s
permit stage, when a teenager can drive only under
the supervision of an adult; 2) an intermediate or
provisional license that allows unsupervised driving
but includes restrictions on when the young
person can drive; and 3) a full license.
The NTSB has since added recommendations aimed at
reducing distractions for novice drivers: for instance,
prohibiting them from transporting other teen passengers
or using wireless communication devices.
Today, every Midwestern state has some type of
graduated driver’s license law in place.
The minimum age for obtaining a learner’s permit
ranges from 14 (in Iowa, Kansas, North Dakota
and South Dakota) to 15½ years old (Ohio and
Wisconsin). In several states, the minimum age
varies depending on whether the person has completed
a driver’s education program.
Graduated driver’s license laws
State has restrictions on nighttime driving and
number and/or type of passengers (family
members excepted); bans use of cell phones
State has restrictions on nighttime driving and
number and/or type of passengers (family
members excepted); no ban on cell phone use
State has restrictions on nighttime driving and
bans use of cell phones; no restrictions on
number/type of passengers
State has restrictions on nighttime driving; no
restrictions on number/type of passengers or
use of cell phones
Sources: Insurance Institute for Highway Safety and Hands Free Info
All Midwestern states require an initial stage of licensing
for young people (usually six months), and during
this learner’s permit stage, every state except South
Dakota requires novice drivers to meet a superviseddriving
requirement (between 20 and 50 hours).
Indiana was the first Midwestern state to limit the
number of passengers that someone without a full
license could carry. In 1998, it restricted a young driver
from carrying any passengers other than family members
for the first 90 days after obtaining a learner’s permit;
in 2009, that period was increased to 180 days.
Now, all Midwestern states except for Iowa, North Dakota
and South Dakota impose some type of passenger
restriction on unsupervised young drivers. Generally,
these state restrictions limit the number of teenage
passengers to one. In Illinois, Indiana, Michigan, Minnesota
and Ohio, the restriction can be lifted once the
driver turns 17. In Nebraska, Kansas and Wisconsin, the
restriction can be lifted while the driver is still 16.
Every Midwestern state bans unsupervised driving
by young novice drivers during certain evening and
overnight hours. The minimum age at which these
bans may be lifted, though, varies from state to state:
18 years old in Illinois, Indiana and Ohio; 17 years old
in Iowa, Michigan and Nebraska; and 16 years old in
Kansas, Minnesota, North Dakota and Wisconsin.
More recently, states have adopted laws that ban
cell phone use among teen drivers, including Illinois,
Indiana, Iowa, Kansas, Minnesota, Nebraska
and North Dakota in the Midwest. (Every Midwestern
state except Ohio and South Dakota bans textmessaging
by drivers of all ages.)
This year, North Dakota became the latest Midwestern
state to strengthen its driver’s license law. The
new law requires teenagers under age 16 to complete
50 hours of supervised driving before obtaining
an initial, or intermediate, driver’s license. In addition,
drivers younger than 18 cannot use electronic
communications devices. The new North Dakota law
also establishes nighttime driving restrictions for
individuals with an intermediate license.
5 STATELINE MIDWEST December 2011

Cover STORy
CONTINUED FROM page 1
Concerns about pipeline lead to new siting laws in Nebraska and rerouting of project
Quality.
In Minnesota, North Dakota and South Dakota,
the states’ public utilities commissions have the
authority to approve or deny applications to construct
crude oil pipelines. (South Dakota granted a permit
for Keystone XL in 2010, contingent on TransCanada
meeting 50 different conditions; the pipeline route
did not run through Minnesota and North Dakota.)
Nebraska, though, had no such processes in place
— until November.
The new laws approved during the special session
will establish a siting permit process for the state
while also authorizing and funding an environmental
impact study of TransCanada’s proposed pipeline.
“From the beginning, I sought a process similar to
what neighboring states have to determine the route of
oil pipelines,” says Nebraska Sen. Annette Dubas, who
helped push for the special session and served as the
sponsor of the Major Oil Pipeline Siting Act, LB 1.
Under this new law, the Nebraska Public Service
Commission has the authority to evaluate and approve
applications to site major oil pipelines in the state. The
applicant will have to pay any costs associated with
public hearings and state investigations.
LB 1 also sets time lines for the commission to
make a decision — seven months upon receipt of the
application, though the commission could extend that
time period by another five months for “just cause”
— and requires a company to have an approved application
before it is given eminent domain rights.
This new state law, though, will not apply to any
new rerouting plan for TransCanada’s Keystone XL
project. The Legislature instead crafted a second bill
to deal with that project.
Under LB 4, the state Department of Environmental
Quality will conduct a $2 million environmental
impact study (paid for by the state) and prepare
recommendations to the governor, who will then
notify the federal government whether the state
approves or disapproves of the new route.
Long route for pipeline approval
The special session in Nebraska put the state
at the center of an international controversy
over the pipeline and the use of oil from the
province of Alberta’s oil sands.
Haar says his constituents have not necessarily
been against tapping into the oil sands or even building
a new pipeline through Nebraska. (An existing
Keystone pipeline, in fact, already runs through the
state). What they didn’t like was the proposed route.
But outside of Nebraska, opponents of the
project have been asking another question: Should
a pipeline transporting oil
from Alberta’s oil sands to
this country be built at all?
That question will be
debated for at least another
year even if a new
route addresses Nebraska’s
specific concerns about
potential contamination of
the Ogallala Aquifer.
Sen. Annette Dubas
Opponents say the
pipeline will take the U.S.
on the wrong energy path:
a greater use of fossil fuels (the oil sands, in
particular, have been criticized because of the
amount of greenhouse gases emitted during the
recovery process) and an abandonment of efforts
to reduce the country’s carbon footprint.
Keystone oil pipeline in the Midwest
From oil sands
in Alberta
To refineries in
Oklahoma and Texas
Existing Keystone pipeline
Proposed Keystone XL expansion*
* TransCanada has agreed to work with the state of Nebraska on an
alternative route that addresses concerns about the proximity of the
proposed Keystone XL project to the Sandhills region and the Ogallala
Aquifer.
Source: CSG Midwest map (using information from TransCanada)
TransCanada officials say they have been surprised
at the level of opposition to the project.
“Four years ago, we thought it would be embraced
with great enthusiasm,” Scott Farris, director of
government relations for TransCanada, said during
a policy session in October at The Council of
State Governments’ National Conference & North
American Summit.
The first two phases of the
pipeline project had already
been completed without resistance,
he said, and the proposed
Keystone XL expansion would
bring additional jobs and reduce
U.S. dependence on oil from
more-hostile parts of the world.
The first part of the pipeline
project received a permit in less
than two years. (That permit was
approved by President Bush in
2008.) In contrast, TransCanada
submitted its application for
Keystone XL in September 2008
and will now have to wait until
at least 2013 for a final decision
on the presidential permit.
The Obama administration
cited recent developments in
Nebraska as the reason for the
delay, but the decision was also
expected to be politically difficult,
in part because the decision
split union and environmental
groups.
The National Wildlife
Federation, for example, says the proposed expansion
is a “game-changer” that would “lock the U.S. into a
dependence on this dirty fuel and drive a massive
expansion of the tar sands operations in Alberta.”
Key unions, meanwhile, have hailed the project’s
“game-changing economic benefits”: more
jobs and state and local tax revenue. TransCanada
has said the expansion would create 20,000 U.S.
jobs in construction and manufacturing, as well
Crude oil production
in Midwest vs. amount
imported into U.S. from
Canada (2010)*
State
as additional jobs for communities along
the pipeline route.
Pipeline through 6 Midwest states
The first presidential permit allowed the
construction of an oil pipeline from Alberta
to refineries in the Illinois towns of Wood
River and Patoka.
That pipeline, which runs through six
Midwestern states — North Dakota, South
Dakota, Nebraska, Missouri and Illinois —
became operational in 2010. A second phase
of the project was up and running in 2011; it
extends the pipeline to storage and distribution
facilities in Oklahoma.
The goal of an additional pipeline expansion
— the Keystone XL project — is to create
a new route carrying oil from Alberta’s oil
sands to Port Arthur, Texas. It would dramatically
increase the amount of oil that could be
shipped to and used in the U.S.
The new pipeline would also transport
oil produced in Montana, North Dakota and
South Dakota; according to TransCanada
spokesman Shawn Howard, about 25 percent
of the oil carried in the pipeline would come
from those states.
In all, the pipeline could transport up to 830,000
barrels of oil a day.
Regardless of whether Keystone XL is built,
Canadians will not sit on such a valuable energy
resource. Some Canadian officials, including federal
finance minister Jim Flaherty, have said that Canada
could also look toward other pipeline options and
export markets for the oil sands.
Thousand
barrels per
day
U.S.
rank
Illinois 25 14
Indiana 5 22
Kansas 111 9
Michigan 18 16
Nebraska 6 21
North Dakota 310 4
Ohio 13 18
South Dakota 4 25
Midwest total 492 —
Crude oil imported into
1,929 —
U.S. from Canada
* The U.S. Energy Information Administration reports that the
Midwest was home to eight of the 31 oil-producing states in
the United States in 2010. The state data and rankings do not
include offshore production. Canada is the leading supplier
of crude oil imports to the United States, accounting for 21
percent of the total.
Source: U.S. Energy Information Administration
Flaherty told Bloomberg News
that one possibility would be
to build a pipeline to British
Columbia for export to Asia.
As pipeline proponents
have noted, too, Canada is a
friend, neighbor and stable
democracy — qualities that
aren’t necessarily true of some
other countries from which the
U.S. gets its oil.
“When a nation [like the
United States] imports three
times more energy than it produces,
it makes sense to go
next door to borrow a cup of
sugar or borrow a million barrels
of oil a day,” Murray Smith, a
former member of the Alberta
legislature who now works in
the private energy sector, told
legislators at the CSG summit.
Canada, in fact, already is
the leading supplier of U.S. oil
imports (21 percent of the total),
with the oil sands accounting for
170 billion barrels of Canada’s
176 billion barrels of proven reserves. Another 315
billion barrels could potentially be captured with
advances in technology and the recovery process.
Whether the U.S. decides to use more of that
oil remains to be seen. But as the recent special
session in Nebraska shows, any pipeline project
will likely need the backing of all states along the
proposed route.
6 STATELINE MIDWEST December 2011

FEATURE STORY
Sinking states’ role in ballast water rules
As differences surface among governors, bill passes in U.S.
House to take away permitting authority from Great Lakes states
by Tim Anderson (tanderson@csg.org)
The political, environmental and economic
battle over the future of rules governing
ballast water discharges took some new twists
and turns during the latter half of 2011.
In this region, a dispute has surfaced among some
governors over how stringent state-level permitting
programs can and should be.
Meanwhile, in the nation’s capital, moves were
made to take such decisions out of the hands of governors
and legislatures. A proposal passed by the U.S.
House in November would strip states of the authority
to establish ballast water standards more stringent
than those set at the federal level. It would also set a
new national treatment standard in line with that of
the International Maritime Organization (IMO).
The ballast water provisions in HR 2838, the Coast
Guard & Maritime Transportation Authorization
Act, have been criticized by several key Great Lakes
conservation groups, including the Alliance for the
Great Lakes.
“To my mind, it makes very little sense for
Congress to be stepping in at a time when we’re actually
seeing the most progress among federal agencies
in the last decade,” says Joel Brammeier, president and
CEO of the Alliance, noting that tougher new regulatory
programs are being established by the U.S. Coast
Guard and Environmental Protection Agency.
“Congress is proposing something less protective
than what we expect the agencies to put into place
and less protective than what some of the Great Lakes
states are doing.”
An amendment to HR 2838 (proposed by U.S.
Democratic Rep. Tim Bishop of New York) would
have preserved states’ rights to impose morestringent
ballast water standards.
Ballast water, invasive species
and the Great Lakes
There are an estimated 180 invasive species in the
Great Lakes, an ecological and economic problem that
costs an estimated $200 million a year.
Over the last half-century, the leading source of these invasions
has been the ballast water of ocean-going ships.
Beginning in 2006, all overseas vessels entering the
Great Lakes were required to conduct saltwater flushing
and ballast water exchanges. Since then, there
have been no reports of invasive species entering the
Great Lakes via ocean-going vessels. However, there
are limits to the efficacy of exchanges and flushing.
For example, some species may be able to tolerate
high salinity levels, and there are other variables
such as weather conditions and the knowledge of the
crew on board.
As a result, there is an ongoing push for tougher standards
as well as for advances in treatment technologies. Pending
U.S. Coast Guard and U.S. Environmental Protection rules,
as well as federal legislation, would set a numeric ballast
water standard based on one already established by the
International Maritime Organization (IMO).
Great Lakes advocacy groups say this standard is not
protective enough and are supporting New York’s plan
to implement tougher rules. The Great Lakes shipping
industry has said the treatment technologies needed to
meet standards tougher than the IMO’s are not available.
Sources for Great Lakes
species invasions, 1960-2006
11%
11%
7% 6%
Aquarium release
Other (Canals, bait, intentional release)
Unknown
Unintentional release
65%
Shipping/Ballast water
Source: U.S. Environmental Protection Agency, “Predicting Future
Introductions of Nonindigenous Species to the Great Lakes”
(November 2008)
That amendment, though, was defeated largely
along partisan lines; only 15 Republicans supported it
and 15 Democrats opposed it. Many of the exceptions
to that party-line voting came from the Great Lakes
congressional delegation.
For example, all nine of Michigan’s House
Republicans voted in favor of the amendment to
retain state authority. (Michigan was the first state in
the nation to adopt a state-level permitting program
for ballast water discharges.) In contrast, five of the
Democratic votes against Bishop’s proposal came from
Great Lakes states — two from Indiana and one each
from Ohio, Illinois and Pennsylvania.
Those votes illustrate the differences in how
individual Great Lakes states view ballast water
regulations and the shipping industry.
States such as Michigan and New York tend to
want tougher standards and permitting programs,
Brammeier says, while states with more ocean-going
ship traffic and activity such as Indiana, Minnesota
and Ohio tend to share industry concerns about the
impact of new rules on waterborne commerce.
Differences among Great Lakes states
In September, the governors of Indiana, Ohio and
Wisconsin sent a letter to New York Democratic Gov.
Andrew Cuomo asking him to ease ballast water rules
set to take effect in his state in August 2013.
If not changed, the governors wrote, New York’s
regulations would “possibly force the closure of the St.
Lawrence Seaway and imperil thousands of maritimerelated
jobs in the Great Lakes states and Canada.”
In response to the governors’ letter, Wisconsin
Democratic Rep. Cory Mason circulated a letter
among his legislative colleagues in support of New
York’s efforts. The letter, sent in September to Gov.
Cuomo, urged New York to “hold fast on its ballast
water standards to prevent dangerous invasives from
entering the Great Lakes basin.” It was signed by
22 Wisconsin state representatives and senators. In
Michigan, a resolution was introduced in November
(SR 98) urging the state of New York to “reject appeals
to weaken its ballast water standards.”
Three Great Lakes states — Michigan, Minnesota
and Wisconsin — already have ballast water permitting
programs up and running. But New York’s rules
would be the region’s most stringent, with discharge
standards exceeding those of the International
Maritime Organization — 100 times more stringent
than the IMO standard for existing vessels and 1,000
times more stringent for ships built after 2013.
In developing its own permitting program,
Wisconsin had considered implementing tougherthan-IMO
requirements but decided against it after
a state feasibility study determined that treatment
technologies did not exist to meet the 100-times
standard. Wisconsin instead settled on requiring ships
to meet the IMO standard.
In U.S. House debate over the Bishop amendment,
New York’s proposed rules were cited by U.S. Rep.
Steve LaTourette, a Republican from Ohio, as a reason
not to give states regulatory leeway.
In his effort to stop the New York regulations,
LaTourette also proposed an amendment to a
Department of Interior spending bill prohibiting
any state from receiving Environmental Protection
Agency funding if it adopts ballast water requirements
more stringent than federal regulations.
The erosion of state authority is only one reason
groups such as the Alliance for the Great Lakes, the
National Wildlife Federation and Great Lakes United
oppose HR 2838. They also say the measure limits the
ability of federal regulators to address the ecological
and economic threats posed by invasive species.
The bill, for example, explicitly exempts
ballast water discharges from the federal Clean
Water Act. This exemption would strip the U.S.
EPA of its authority to regulate ballast water
discharges under the National Pollutant Discharge
Elimination System (NPDES) permit program.
The EPA already has a Vessel General Permit in
place, and in November, it proposed a new, more
stringent regulatory program. Under the new
permit, standards would be tied to the IMO’s. The
Vessel General Permit would be eliminated if HR
2838 becomes law.
The U.S. Coast Guard is also expected to soon
finalize its new rule on ballast water discharges.
Under its proposed rule, the initial standard would
be the same as the IMO’s but could be raised upon
completion of a “practicability review.”
HR 2838 calls for use of the IMO standard as
well, but according to Brammeier, language in the
legislation would make it more difficult to raise the
standard as treatment technologies advance and
become available for use.
7 STATELINE MIDWEST December 2011

STATELINE PROFILE
Kansas Rep. Paul Davis
Lawrence native working to secure bipartisan support for
improving education and diversifying state economy
by Kate Tormey (ktormey@csg.org)
Since he joined the Legislature in 2003,
Kansas Rep. Paul Davis has always been in
the minority party.
But the Lawrence native always had fellow
Democrats leading the executive branch — until
2010, when state elections brought in a Republican
governor as well as a wave of GOP statewide officers
and legislators.
For Davis, those results have meant he is no
longer just the leader of his caucus, but the leading
voice of Democratic policies in Kansas along with
his counterpart in the Senate (Minority Leader
Anthony Hensley).
Davis, though, isn’t discouraged by his party’s
status. Instead, he has worked to get bipartisan support
for issues he considers legislative priorities, from
bolstering the state’s education system to diversifying
its economy.
“We understand sometimes that our role is to
disagree and to hold the majority party accountable,”
he says. “You’ve got to pick your battles.”
One battle in 2012 will be over the state’s tax
structure. This coming session, Republican Gov.
Sam Brownback is expected to propose reducing,
or even eliminating, the state income tax.
Davis doesn’t believe that’s the right direction
for the state because he fears property taxes would
rise. He does support the idea of easing the tax
burden for some Kansans, but would rather see the
state eliminate its sales tax on groceries.
“That [would] certainly help people on the
lower end of the income scale; they are really
[hurting] during this recession and probably deserve
the tax relief the most,” he says.
According to the Federation of Tax Administrators,
Kansas is one of two Midwestern states that charge a
full sales tax on groceries (South Dakota is the other;
Illinois charges a lower rate for food).
Strengthening communities
D
avis
points out that many states without
income taxes have economic and revenue
bases much different from Kansas’.
“What we hear from the advocates of [eliminating
the income tax] is that we need to be more like
Texas, Florida or Wyoming,” he says. “We don’t have
a big pool of oil sitting under us and we don’t have
huge deposits of coal. … [Those states] have other
sources of revenue that we don’t have. We have to
deal with reality.”
The reality for Kansas, he says, is that the state
must retool an economy that has been largely
dependent on manufacturing. He suggests investing
in areas such as the bioscience and energy sectors.
“Having a competitive tax structure is very
important,” he says. “But there are other significant
factors — such as making sure that you have good
schools, a well-trained workforce and good infrastructure
— that are equally important factors in terms of
creating jobs and creating communities where people
want to move to or locate their business in.”
That’s why since becoming a legislator, Davis
has become a supporter of projects that help make
communities more attractive for residents and
businesses. He is particularly proud of his work on
a 2007 bill to authorize casino gaming in Kansas.
The legislation allows up to four casinos to be built,
with the state receiving a cut of the revenues.
“We decided we were going to [authorize] a
handful of casinos and they needed to be destination
facilities,” he says. “We have a couple of
great facilities that have led to all kinds of other
development activities beyond them. ... We didn’t
put up a bunch of buildings with slot parlors like a
lot of other states have done, and I am happy with
the way that we did this.”
Earlier this month, CSG Midwest talked with
Davis about leadership, his legislative priorities
and his career in public service. Here are some
excerpts from the interview.
Q:
Bio-sketch of Rep. Paul Davis
appointed to the Kansas House in 2003; now
serving his fifth term in the Legislature
chosen minority leader in 2008 after serving
as policy chair for the House Democratic caucus
received a bachelor’s degree in political science
from the University of Kansas and a law degree from
Washburn University School of Law
before serving in the legislature, worked for
the Kansas Department of Insurance under Gov.
Kathleen Sebelius and as an attorney for the Kansas Bar
Association
Your interest in politics started with internships
at the Kansas Legislature and with a member of
the U.S. Congress. What made you decide to continue
your career at the state level?
A lot of the critical decisions are being made
A: at the state level right now. Whereas the federal
government is having a difficult time addressing
problems that need to be addressed, state government
is still a place where things can get done and we can
be responsive to the needs of the people. That is why
state government is the best place to be right now for
people who are trying to solve problems.
Q:
A:
represents part of his hometown, Lawrence
This year will be your 10th in office, and the past
decade has been extremely volatile for state economies.
What has it been like to serve during this time?
When I came into office, the state was dealing
with the post-9/11 economic situation and
we had literally $12 million in the bank. It sounds
like a lot, but for a state, it’s like having two pennies
in your pocket. It’s really been a roller coaster since
then. We started with some very lean times, and
for a couple of years, anything that cost money was
immediately off the table. [For example], we couldn’t
increase criminal penalties because we couldn’t put
more people in prison, and we didn’t have money to
build new prisons.
Then times got better, and we started to see some
surpluses and invest in schools, universities and other
valuable programs. Then the economic collapse hit in
2008, and we were back in the same situation we were
in before — but to a much worse degree.
Q:
A:
What have you learned from riding the “roller
coaster”?
When you make budgetary decisions, they
don’t just last a year until the next budget
is passed. They have a very long-lasting impact, and
sometimes there is a very short-sighted approach that
legislatures take in the budgeting process because
they say, ‘Well, we’re just going to be doing this again
next year.’ But, in fact, if they decide to cut a program,
that’s going to have implications for maybe a decade
to come. And then if you decide you’re going to invest
in a new program, that’s money that you’ve oftentimes
committed to in perpetuity. …
You have to look beyond the numbers in the
budget. … You have to understand that there are
faces behind those numbers that are going to be
affected by the decisions that we make. Budgets are
really a reflection of values and priorities.
Q:
A:
You have said that education funding is the issue
that first inspired you to run for office. Why?
I felt like we were on the verge of having the
quality of our public schools go downhill
because the Legislature was not providing adequate
funding for schools. In 2005 we made a very large
investment in our schools; unfortunately it was the
result of a court case …. We have seen some of that
roll back because of budget cuts, and I am again
concerned about the quality of public education.
Q:
A:
How would you like to see your state improve
quality in education?
The core of education is having good teachers.
We’ve got to make the teaching profession
more attractive, and that is going to happen with
offering more competitive pay structures at the start.
But I think there are also other things that we can do,
such as improving teacher-mentoring opportunities
and continuing educational opportunities for teachers
to keep them in the profession. We are now losing half
of our new teachers within the first five years, and we
have to change those numbers.
We also have to get curriculum examples that
are working in other states and school districts. I
am very intrigued with the magnet-school concept
of offering kids who have an interest in a particular
subject an opportunity to have an enhanced educational
opportunity because of that. Science, in
particular, is a place where we’ve got to place more
resources. ... The United States is falling behind in
training our children. A lot of those jobs are the
jobs of the 21st-century economy.
8 STATELINE MIDWEST December 2011

FIRST PERSON
A forum for legislators and constitutional officers
Kansas steps up DUI prevention
Scathing report, public outcry spark passage of new
measures to keep drunk drivers off the streets
by Kansas Sen. Thomas C. (Tim) Owens (Tim.Owens@senate.ks.gov)
No matter how the public might perceive the
issue of DUI, it can be summed up as a public
safety issue.
Approximately five years ago, it became apparent
that the DUI program in Kansas was broken
and needed to be fixed.
The journey to SB 6, which passed with 100
percent of the vote in both houses of the Kansas
Legislature in May of this year, began with a report
done by the Substance Abuse Policy Board (SAPB) —
the group formed after it became apparent that far too
many people were driving on the streets and highways
of Kansas with multiple DUIs on their records but had
had little or no corrective or rehabilitative action taken
to cause them to alter their behaviors.
There were too many deaths and injuries caused
by drunk drivers, and when the public became aware
of incidents such as one in Wichita where a mother
and her daughter were killed by a driver who had in
excess of a half-dozen DUI convictions and was still
driving, pressure mounted on the Legislature to act.
The SAPB report was scathing in its condemnation
of the manner in which DUIs were handled and the
poor attention that had been paid to rehabilitation
through drug and alcohol treatment.
In response, I was appointed (in my role as vice
chair of the House Corrections and Juvenile Justice
Committee) to chair a subcommittee to begin exploring
measures to address the SAPB’s concerns.
Hearings were conducted and valuable information
was received from a variety of disciplines
that dealt in some manner with DUI offenders.
From those committee hearings came a decision
three years ago to form the DUI Commission,
which was to conduct an extensive investigation
into the problems as well as potential solutions
When a mother and her daughter were killed by
a driver who had more than a half-dozen DUI
convictions but was still behind the wheel, pressure
mounted on the Legislature to take action.
that could improve public safety by reducing the
numbers of DUI offenders on Kansas roadways.
The DUI Commission was made up of 23 members
from a wide variety of disciplines from all three
branches of government. This blue-ribbon panel was
given the task of drafting recommendations for the
Legislature; it was asked to work over a two-year period
and develop recommendations for the Legislature
in the 2011 session. That task was accomplished with
recommendations that became SB 7 in 2011.
SB 7 had one glaring deficiency, however, and was
dead on arrival when it hit the Senate floor.
While the bill had extensive hearings in the
Senate Judiciary Committee and passed out of
that committee with a strong majority vote, it had
a fiscal note exceeding $10 million to implement
all of the recommendations. This proved to be
too heavy a cost for a legislature in a state that
was strapped financially. Therefore,
State efforts to combat DUI: MADD’s checklist of
modifications in the recommendations
key statutes and law enforcement initiatives
had to be made, and those resulted in SB
6, which reflected changes made in both
Interlocks Sobriety
Child No-refusal
State
ALR
required
houses and was worked on right up to the
checkpoints 3 2 endangerment 4 weekends 5
closing days of session.
The major accomplishments in SB 6
Illinois
Indiana
were those that addressed some of the
Iowa
core needs for rehabilitating the weak
Kansas
DUI system. Here is it look at some of the
primary achievements, which went into
effect on July 1.
• A central repository will be implemented
Michigan
Minnesota
Nebraska
and will be the central resource
North Dakota
that allows prosecutors and courts to
Ohio
have a clearer idea of how many DUIs
an individual offender may have so that South Dakota
appropriate prosecution and sentencing Wisconsin
may ensue.
1
State requires ignition interlocks for vehicles of all DUI offenders.
2
Creation of the repository was made State conducts sobriety checkpoints.
possible thanks in no small part to the
3
State uses Administrative License Revocation, which allows immediate
secretary of transportation, who helped
confiscation of offender’s driver’s license by arresting officer.
4
State enhances penalties for DUI with child or children in vehicle.
us address the financial issues surrounding 5
State holds no-refusal events during which suspected offender cannot
its implementation by deferring other refuse blood-alcohol testing.
information technology projects and entering
Source: MADD, “Fifth Anniversary Report to the Nation”
into an agreement with the Kansas
Bureau of Investigation. It is our hope that through
this program and the requirements of SB 6, there will
be a uniform application of the law and sentencing
across the state — in every jurisdiction and in every
court, whether district or municipal. There must be
uniformity in application of the law, and the central
repository creates the opportunity for that to occur.
• The new law addresses the issue of safety by
requiring all DUI offenders to have an ignition
interlock device installed on their own vehicle, and
no offender will be allowed to drive any vehicle that
does not have an interlock devise installed.
• The new law amends the commercial DUI statute
to make it consistent with the DUI statute.
• The new law creates a Community Corrections
Supervision Fund, establishes a DUI hearing fee, and
increases fines for DUI and commercial DUI.
• The new law adjusts the implied-consent provision
regarding urine samples and restructures alcohol
and drug evaluations and treatment. Earlier detection
of drug and alcohol problems in an individual is
imperative.
• The new law adjusts administrative penalties
for DUI, creates a DUI look-back date for previous
convictions, and allows for the expungement of a DUI
after 10 years of driving without another infraction. It
further addresses the blood- or breath-testing window
for DUI and commercial DUI in order to address time
constraints, particularly in rural areas of the state
where it may take longer to get to the testing site.
It is the sincere hope of the DUI Commission
and the Kansas Legislature that these changes will
put the state of Kansas back on the road to safer
highways and toward a reduction in the number
of DUIs.
It is not a finished product. Just as the
inscription on the steps of the National Archives
commands, “Eternal Vigilance is the Price of
Freedom,” so too is such vigilance the price of
public safety.
Every state wrestles with the public safety issue
of DUI just as Kansas has. Perhaps it is time for the
Uniform Laws Commission (of which I am a commissioner)
and other national organizations to take
a look at this issue and see if there is a potential for
uniformity, not just within a state, but also among
states in order to address our collective primary
concern regarding DUI: public safety.
Kansas Sen. Tim Owens, a Republican from Overland Park,
was first elected to the Senate in 2008 after serving as a
state representative since 2002.
Submissions welcome
This page is designed to be a forum for legislators
and constitutional officers. 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 tanderson@csg.org.
9 STATELINE MIDWEST December 2011

CSG Midwest News & EVENTS
CSG policy academies foster learning,
collaboration on key issues for states
In November, some of the region’s newest
legislators joined policy experts in Cleveland
to discuss key education issues that will shape
legislative sessions in 2012 and beyond.
During the summit, first-term legislators who
have been appointed to legislative education,
higher-education and appropriations committees
received training and information about critical
education issues facing their states: Common
Core State Standards, state assessments, teacher
effectiveness, state accountability systems, and
college and career readiness.
More than 20 legislators from the Midwest attended
the two-day academy. In addition to hearing
presentations from experts in a variety of key areas of
education policy, attendees visited a Cleveland high
school that is implementing innovative strategies for
teaching science and math.
The recent conference was part of CSG’s Policy
Academy Series, which seeks to
• promote informed policymaking on key
issues,
• foster critical analysis of public policy,
• encourage information sharing and networking
among legislators,
• help participants effect change and influence
policy in their states and at the federal level, and
• prepare legislators to assume leadership positions
in key policy areas.
These CSG academies typically include plenary
and interactive sessions led by top policy experts.
When possible, participants are offered opportunities
to interact with federal policymakers and/or to take
part in hands-on learning experiences.
D.C. meeting on transportation policy
This fall, The Council of State Governments
also hosted a Transportation Policy Academy in
Washington, D.C.
Policymakers from 11 states — including four
legislators from the Midwest (see photo) — took
part in the October event.
The conference provided attendees with
information about the status of reauthorization
of transportation legislation in the U.S. Congress.
Attendees also learned how federal transportation
programs work, what kinds of best practices
states are pursuing in transportation finance, and
how the state and federal governments can work
together to improve America’s infrastructure.
Legislators who participated in October’s CSG
Transportation Policy Academy pose for a picture
outside the U.S. Department of Transportation in
Washington, D.C. Representing the Midwest were Ohio
Sen. Frank LaRose (left), Illinois Rep. Dan Beiser (second
from left), Indiana Rep. Ed Soliday (third from left) and
Minnesota Rep. Alice Hausman (fourth from left).
Focus on Medicaid, chronic disease
This spring and summer, CSG will hold
academies focusing on health care policy. In
May — in conjunction with CSG’s National
Leadership Conference — CSG will convene the
first in a series of policy academy sessions on
diabetes and chronic disease prevention and
treatment.
Thirty state lawmakers from each of CSG’s four
regions will be selected to participate.
Attendees will share ideas on how states can
address the growing problem of diabetes and how to
reduce the impact of chronic disease on state budgets.
In addition, CSG will be conducting a 50-state
research survey on diabetes-related statistics that
will shape a new curriculum guidebook: the “CSG
Policy Guide for State Policymakers on Diabetes.”
A policy academy on Medicaid is being planned
for June 2012.
Attendees will interact with leading thinkers
in the health care field, as well as experts on
Academies on state transportation and education policy
have already been held, and in 2012, legislators will take
part in a series of health care-related workshops.
Medicaid. They will focus especially on how states
can prepare for 2014, when millions of people will
be added to Medicaid rolls and new rules will take
effect under the Affordable Care Act.
CSG is working with state legislative leaders to
identify a select group of lawmakers for participation
in the academy.
For more information, or to nominate a
participant for either of the health-related
policy academies, please contact Deb Miller at
859.244.8241 or dmiller@csg.org.
CSG’s Justice Center
holds forum on
prisoner reentry
P
olicymakers from all 50 states and all
three branches of state government
attended a CSG Justice Center meeting
in December aimed at improving U.S. corrections
policy.
The State Leaders’ National Forum
on Reentry and Recidivism was held in
Washington, D.C.
The agenda included a session analyzing
trends in national and state-by-state recidivism
data. Attendees also explored policies
and practices that are essential to reducing
recidivism nationwide.
In addition, a panel of experts discussed
how to set and reach goals for reducing
the number of people who re-offend once
leaving prison. One of the panelists was
Kansas Rep. Pat Colloton, who is chair of the
Justice Center’s board of directors and head
of the House Committee on Corrections and
Juvenile Justice in her state.
Several key members of the U.S. Congress
gave remarks to the group. Representatives
of relevant federal agencies, such as the U.S.
Department of Justice, also attended and
shared their insights on how to improve
prisoner reentry and reduce recidivism.
The Justice Center evolved from The Council
of State Governments’ Eastern Regional
Conference justice program to a national center
in 2006. It serves policymakers at the local, state
and federal levels of government.
Among its projects is the National Reentry
Resource Center, which
provides education,
training and technical
assistance to states and
other organizations on
prisoner reentry.
The CSG Justice
Center has also been
Rep. Pat Colloton active in helping states
reform their corrections and
sentencing policies. Over the past five years,
the Justice Reinvestment project has provided
assistance to state policymakers in Indiana,
Kansas, Michigan, Ohio and Wisconsin.
The Justice Center receives support
from the U.S. Bureau of Justice Assistance
and private grant makers such as The Pew
Center on the States. For more information,
please visit http://justicecenter.csg.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.
10 STATELINE MIDWEST December 2011

MLC Annual Meeting to feature Brazile,
Galen, O’Rourke and other top speakers
L
egislators from around the Midwest are
encouraged to make plans now to attend
the region’s premier event for state
policymakers.
The Midwestern Legislative Conference Annual
Meeting will be held July 15-18 in Cleveland
and will offer a variety of policy sessions and
networking opportunities for
attendees.
Among the distinguished
speakers on this year’s agenda
are political commentators
Donna Brazile and Rich
Galen, who will preview the
2012 elections.
Brazile, a Democratic
Donna Brazile political strategist, author,
professor and syndicated
columnist, appears regularly on CNN as one of the
network’s political contributors. She is currently
vice chair of voter registration and participation
at the Democratic National
Committee and managing
director of Brazile &
Associates, a consulting,
grassroots advocacy and
training firm. Her decades
of work as a political strategist
included serving as Al
Gore’s campaign manager
in 2000.
Rich Galen
Galen served as press
secretary to former Vice
President Dan Quayle and former Speaker of the
House Newt Gingrich when they were in Congress.
He also 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,
and contributes to publications such as Town Hall.
He frequently appears on television programs to
provide his expertise on politics and elections.
Political satirist and author P.J. O’Rourke will
be a featured luncheon speaker at this year’s MLC
Annual 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.
The MLC Annual Meeting provides attendees
with the chance to hear from top speakers on a variety
of issues, as well as to
share ideas and innovative
solutions with one another
in a nonpartisan environment.
The event includes
a mix of plenary sessions,
small-group discussions
and policy committee
meetings.
Evening events at the
MLC meeting give policymakers
the opportunity to
P.J. O’Rourke
network with colleagues while also serving as a
showcase for the host state. This year, the evening
program will include an event at the Rock and Roll
Hall of Fame. Daytime activities are also being
planned for attendee guests of all ages.
Meeting registration will begin in January.
For more information, contact CSG’s Midwestern
Office at 630.925.1922 or csgm@csg.org.
Bright start: CSG Midwest holds legislative
institute on child development in Minnesota
A
group of legislative leaders and policy
experts met in Minnesota this fall to discuss
early childhood development research and
its implications for public policy. The three-day
Minnesota Legislative Leadership Institute on
Child Development Research and Policy was
sponsored by CSG Midwest and the University of
Minnesota.
Attendees learned from nationally recognized
researchers about the latest science on brain
development in young children, as well as how
experiences between birth and age 3 affect
developmental, health and behavioral outcomes
across life spans. The conference was made possible
by a grant from the Minnesota Community
Foundation.
The first Minnesota institute was held in 2009,
and similar events have also been held in North
Dakota and South Dakota.
For more information on these institutes,
please contact Laura Kliewer at lkliewer@csg.org
or 630.925.1922.
Above, from left: Rep. Pam Myhra, Rep. Rena Moran and
Sen. Kathy Sheran
Above, from left: Rep. Marion Greene, Rep. Sandra Peterson
and Rep. Jenifer Loon
Calendar
Upcoming Midwestern Legislative
Conference and Council of State
Governments Events
Bowhay Institute for Legislative
Leadership Development (BILLD)
Steering Committee Meeting
April 27-28, 2012
Chicago, Illinois
Contact: Laura Tomaka (ltomaka@csg.org)
630.925.1922
www.csgmidwest.org
CSG National Leadership
Conference
May 18-19, 2012
La Quinta, Calif.
Contact: Kelley Arnold (karnold@csg.org)
800.800.1910
www.csg.org/events
67th Annual Meeting of the
Midwestern Legislative
Conference
July 15-18, 2012
Cleveland, Ohio
Contact: Gail Meyer (gmeyer@csg.org)
630.925.1922
www.csgmidwest.org
18th Annual
Bowhay Institute for Legislative
Leadership Development (BILLD)
August 10-14, 2012
Madison, Wisconsin
Application deadline: April 2
Contact: Laura Tomaka (ltomaka@csg.org)
630.925.1922
www.csgmidwest.org
Henry Toll Fellows
Leadership Program
September 8-13, 2012
Lexington, Kentucky
Application deadline: April 20
Contact: Krista Rinehart (krinehart@csg.org)
859-244-8249
www.csg.org
The Council of State Governments
2012 National Conference
November 30-December 3, 2012
Austin, Texas
Contact: Kelley Arnold (karnold@csg.org)
800.800.1910
www.csg.org/events
11 STATELINE MIDWEST December 2011

CAPITOL CLIPS
Cameras to target
speeders on roads
near parks, schools
Questions about future
of fracking reaching
Midwest’s capitols
Waivers abandon parts
of No Child Left Behind
in favor of new approach
Indiana legislature will
reduce paper trail by
relying more on iPads
Illinois lawmakers have paved the way for
speed cameras to be used in designated safety
zones in the city of Chicago.
SB 965, passed by the legislature in November,
establishes these zones as being roadways within
one-eighth of a mile of a school or park. An
individual will be ticketed if he or she is caught
by a camera driving more than 5 miles per hour
over the speed limit. The fine is $50 a day for
driving up to 10 mph over the limit and $100
for higher speeds. The cameras will be used between
6 a.m. and 10 p.m., and signs must be
posted at the intersections warning motorists.
According to the Chicago Tribune, a pedestrian
study done by the city of Chicago served
as the impetus for the legislation. Between
2005 and 2009, the study found, there were
861 crashes involving children near schools
around arrival or dismissal times.
Most states in the Midwest do not have laws addressing
the use of speed or red-light cameras.
According to the Governors Highway Safety
Association, Wisconsin is the only state in the
region with a law that expressly prohibits the
use of automated enforcement technologies.
Illinois, on the other hand, already allows local
municipalities to employ red-light cameras. In
Iowa and Ohio, automated enforcement programs
are operating under local ordinance.
With the practice of hyrdaulic fracturing, or
“fracking,” on the rise, state lawmakers are
increasingly being asked to weigh in on a process
that boosts oil and gas production but
also raises environmental concerns.
In North Dakota, the General Assembly has
voiced its support for this method of extracting
more oil and natural gas from the ground.
Earlier this year, lawmakers passed legislation
(HB 1216) designating fracking as “an acceptable
recovery process” and adopted a resolution
(HCR 3008) urging the U.S. Congress to delegate
regulatory responsibility to the states. Then,
during a special legislative session in November,
legislators set aside $1 million for a potential
lawsuit against the U.S. Environmental Protection
Agency if it attempts to regulate fracking.
According to The Bismarck Tribune, fracking is
now widely used in parts of North Dakota. It
involves the pressurized injection of water and
chemical additives into a geologic formation.
Environmental concerns center on its potential
impact on drinking water and groundwater;
the EPA is now conducting a major research
study on the issue. Meanwhile, in states such
as Michigan (HB 5150) and Ohio (SB 213),
bills have been introduced over the past few
months to prohibit fracking until research on
the environmental risks can be completed.
Minnesota and Indiana were among the
first 11 U.S. states this fall to formally seek
waivers from key provisions of the No Child
Left Behind Act.
Their applications were filed seven weeks
after the U.S. Department of Education
announced it would provide more flexibility
under the federal law. For example, states
that receive waivers will no longer have to set
targets requiring all students to be proficient
by 2014 and will be given more discretion
over the use of federal education dollars.
In exchange, states must implement federally
approved plans for their K-12 education
systems that include:
• college- and career-readiness standards
and tests;
• evaluation systems for teachers and
principals that measure effectiveness based
in part on student progress;
• new accountability systems for lowperforming
schools and schools with
persistent student achievement gaps.
According to Education Week, every
Midwestern state except Nebraska has
indicated that it will apply for an NCLB waiver
by the spring deadline.
Like other state legislatures, the Indiana
General Assembly uses lots and lots of paper
— an estimated 17 tons every session. For a
single piece of legislation last year (the state’s
budget bill), a total of 133,080 pages were
printed out. That is the equivalent of 16 trees.
In 2012, though, Indiana lawmakers hope to
use a little less paper under a pilot project
that will have them relying more on iPads.
According to the Northwest Indiana Times, two
legislative committees will go “paperless“
next year. Committee reports and documents
will be distributed electronically, via iPads.
Meanwhile, the state will examine ways to
build out the technologies needed to expand
the use of computer tablets as lawmakers
familiarize themselves with the devices.
An Indiana Legislative Service Agency study
found that 18 states have already launched
paperless initiatives. In the Minnesota
Legislature and Wisconsin House, one or more
legislative activities have been converted to
a paperless process. The Kansas and Ohio
legislatures have also taken steps to reduce
the use of paper. The same study estimated
that during Indiana’s 2011 session, $550,000
was spent “moving paper.” This total includes
actual paper and equipment costs as well as
the time that staff devotes to distributing,
filing and retrieving paper documents.
Stateline
Midwest
November 2011
The Council of State Governments
Midwestern Office
701 E. 22nd Street, Suite 110
Lombard, IL 60148-5095
Phone: 630.925.1922
Fax: 630.925.1930
E-mail: csgm@csg.org
www.csgmidwest.org
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