December 31, 2013

Dozens of Federal Tax Breaks Expiring in 2013

Are you doing some year-end tax planning?  The federal tax code contains dozens of popular, but temporary, tax provisions, known as “tax extenders,” that are scheduled to expire after 2013.  This recent Congressional Research Service report groups these expiring provisions into six general categories (individual, business, charitable, energy, community development and disaster relief) and provides details on each category of provisions.

Among the individual tax extenders set to expire are the deductions for (1) teacher classroom expenses, (2) state and local sales taxes, (3) qualified tuition and related expenses, and (4) mortgage insurance premiums.  The expiring business provisions include the (1) research tax credit, (2) work opportunity tax credit (for businesses hiring members of certain targeted groups), and (3) increased expensing and bonus depreciation allowances.

In The Tug-Of-War To Maximize Class Time And Minimize Costs, Student Lunch Feels The Pinch

NPR recently conducted a survey of kindergarten to fifth grade parents, asking how long their child typically gets to eat lunch.  Twenty percent of parents replied that their child gets 15 minutes or less.  The American Academy of Pediatrics recommends children receive at least 20 minutes to sit and eat lunch, not including the time it takes to walk to and from the cafeteria. 

Many factors contribute to this nationwide lunch crunch.  The School Nutrition Association points out that administrators often steal time from the lunch period to increase class instruction time in an effort to boost standardized test scores.  Also, since more students are participating in free or reduced-price lunch programs across the country, lines are getting longer in the cafeteria.  Some districts, such as Jefferson County Public Schools in Kentucky, have 70 percent of students participating in meals programs. 

New federal school nutrition guidelines may also be contributing to the problem.  Federal rules require schools to increase the amount of fruits and vegetables offered and consumed in the cafeteria.  However, healthy foods can take longer to eat (think salad versus French fries).

Many districts cite budget constraints as obstacles to remedying the situation. Adding extra lunch periods, food stations, or service workers increases costs.

December 30, 2013

New CDC Report: ADHD Under-, Not Over-Treated

A new study based on data from the Centers for Disease Control and Prevention (CDC) concludes that, contrary to popular public opinion, attention-deficit/hyperactivity disorder (ADHD) is under-treated and not over-treated in children and teenagers. The number of cases being treated is lower than the number of cases diagnosed.

The conclusions, resulting from the CDC’s years-long National Survey of Children’s Health, are reported in the Journal of the American Academy of Child & Adolescent Psychiatry.

The survey put parents’ responses about children who have been diagnosed with ADHD into three groups: ever diagnosed, currently diagnosed, and currently taking medication for ADHD. The survey found that 11% of children four to 17 years old have been diagnosed with ADHD, 8.8% are currently diagnosed with the disorder, and 6.1% are taking medication for it.
 
Comparing this to other studies, the CDC found the results consistent: an estimated 9% to 11% of children have ADHD.

While the authors acknowledge that the 42% increase in treatment from 2003 to 2011 appears alarming, the current treatment rate is about 70% (6.1% of children receiving treatment divided by 8.8% of those diagnosed).

In an editorial that appears in the issue presenting the study’s conclusions, other experts express several concerns about critiquing the results of an active public health approach to improving the recognition and treatment of ADHD, including a perception on patients’ part of being stigmatized for being treated for ADHD. They conclude, “It is important to not over-react simply to the notion of increasing rates of diagnosis and treatment without considering the whole picture. It is absolutely critical to benchmark current diagnosis and treatment rates against prevalence estimates to best serve the public health.”

It Wasn’t the Same Recession for Everyone

The Great Recession of 2007-2009 was not the same for everyone. Some never lost a job during this period, some were briefly out of work, some were out of work for long periods, and some fell out of the workforce altogether.

A new study from the New England Journal of Public Policy focuses on the state of youth unemployment, specifically how the recession disproportionately affected workers age 16-24, especially Latino and African American youths (New England Journal of Public Policy, “Global and Local Youth Unemployment: Dislocation and Pathways,” Volume 25, Issue 1). Even now as the economy continues to slowly climb, these workers are twice as likely to be unemployed compared to adults. According to the study,
The chance of finding employment depends largely on one’s employment history. Employment history is especially important for young people. National studies have shown that early employment experiences shape a young person’s earning potential for the rest of his or her life.


The sobering observation here is that the recession may not be a temporary problem for many young workers, but could have repercussions in later years.

The study attempts to offer some light at the end of the tunnel. It summarizes the Massachusetts Workforce Investment Board’s recommendations, which include increasing the number and quality of work experiences and career exploration activities for in-school and out-of-school youths. This recommendation is based on the belief that working at a young age increases a youth’s chances of finding good employment later in life. “Research has shown that a teenager who does not have a job during high school is more likely to be disconnected from the labor market after high school,” the study  states.

December 27, 2013

18% of Nation’s Natural Gas Production to Come from Marcellus Region

According to a recent report by the U.S. Energy Information Administration (EIA), the Marcellus region in Pennsylvania and West Virginia is expected to produce roughly 18% of the total natural gas produced in the U.S. in December.  Only three years ago, the region was producing less than 2 billion cubic feet per day (Bcf/d), but this month it is expected to produce over 13 Bcf/d.  The report notes that although the number of drilling rigs in the area has remained relatively stable in recent months, the increased production has been driven by (1) the efficiency of new wells, (2) increased output from previously shut-in wells or wells that had been operating at reduced volumes, and (3) recent infrastructure upgrades.

Top Reports of 2013: States' Laws on Disclosing Crime Scene Photographs, Autopsy Reports, and 911 Tapes and Transcripts

OLR Report 2013-R-0364 describes states' laws that directly address the disclosure of crime scene photographs, autopsy reports, and 911 tapes and transcripts.

OLR conducted a 50-state survey and found (1) nine states that have laws directly addressing the disclosure of crime scene photos, (2) 26 states with laws directly addressing the disclosure of autopsy reports, and (3) 16 states with laws directly addressing the disclosure of 911 tapes, seven of which directly address the disclosure of 911 transcripts. Generally, the laws restrict the disclosure of the above records to certain entities (e.g., next of kin), but in some cases, particularly for autopsy reports and 911 transcripts, they specify that the records, or certain information in the records, are available to the public. Additionally, some laws give an agency discretion to release the record to entities other than those specified in the statute.

While this report identifies statutes that directly address these particular records, their disclosure may also be limited by provisions in state law that apply to general categories of records. For example, most states exempt from disclosure law enforcement investigatory records, and some have statutes prohibiting disclosure of a record when disclosure would invade a person's privacy. Whether a particular document can be withheld under these exemptions in a particular state will depend on the circumstances. Similarly, the disclosure of these records in other states may also be governed by case law, which the report does not addres.

The report covers only statutes that directly address access to crime scene photographs, autopsy reports, and 911 tapes and transcripts. In some cases, these statutes specifically address access by law enforcement, prosecutors, and emergency responders. But even if these entities do not derive authority to access these records under the statutes this report covers, they presumably derive it under other statutes when necessary to perform their duties.

For more information, read the full report.

Welfare Caseloads Drop Precipitously in Washington after Major Program Changes Implemented

The Seattle Times is reporting that the state’s cash assistance caseload fell in October to about 43,000 families, a drop from its most recent peak of 71,331 families in January 2011. Some attribute the decline to changes Governor Gregoire implemented in 2011, including lowering maximum monthly benefits by 15% and allowing for extensions to the program’s time limit only for domestic violence victims and individuals applying for federal Social Security benefits.

The decline may also be due to the fact that at the same time the cash welfare rules changed, the state legislature voted unanimously to (1) establish a welfare fraud and accountability office; (2) prohibit residents from using benefit at bars, clubs, casinos, and tattoo parlors; and (3) permanently disqualify adults found to be repeatedly out of compliance with the welfare program’s work requirements.

At its peak, the program was serving over 100,000 families—this was in the years just prior to the major federal welfare reform legislation passed during the Clinton administration. The most recent peak of 71,000 plus families occurred during the latest recession.

Advocates for the poor suggest that despite the decreasing cash assistance numbers, there are still many Washingtonians who are struggling, evidenced by increasing Medicaid and Supplemental Nutritional Assistance Program caseloads and student homelessness.

December 26, 2013

2013 Cybersecurity Executive Order

A recent Congressional Research Service report for Congress (CRS report) provides an overview of Executive Order 13636, Improving Critical Infrastructure Cybersecurity. Cybersecurity is an umbrella term that now includes different kinds of attacks such as cyberthreats, cyberterrorists, cyberspies, cyber thieves, cyber warriors, and cyberhacktivists. 

According to the CRS report, the executive order attempts to address these threats by using existing statutory and constitutional authority to:
  • expand the Department of Homeland Security’s program of information sharing and collaboration,
  • develop cybersecurity standards and best practices,
  • establish a consultative process,
  • identify critical infrastructure with high priority for protection,
  • establish a program with incentives for voluntary adoption of the framework,
  • review cybersecurity regulatory requirements to determine if they are sufficient and appropriate, and
  • incorporate privacy and civil liberties protections.
While many see the executive order as necessary in the absence of comprehensive cybersecurity legislation, the CRS report noted that others have raised concerns about the order, including claims that it does not do much more than the existing processes and could make enactment of legislation less likely.

CDC App Lets Users Play the Role of Disease Detective

The Centers for Disease Control and Prevention (CDC) recently announced updates to its free iPad application, Solve the Outbreak, which puts users “in the shoes of a member of the Epidemic Intelligence Service.”  According to the CDC:
Whether you're a teen considering a career in the sciences, a teacher looking for a great new way to show epidemiology at work, or a germ nerd of any age, Solve the Outbreak is a fascinating peek into the work that real-life Disease Detectives do every day to keep us safe.


The app, which has more than 31,000 downloads, includes 12 outbreaks.  To advance through the game (and earn a Disease Detective badge), users must determine the cause of the outbreak and prevent it from spreading.

December 25, 2013

Coming Home with Bad Paper

According to a recent series of NPR reports, more than 100,000 troops have been discharged from the armed services under other than honorable conditions – so-called “bad paper” that bars them from accessing assistance from the U.S. Department of Veterans Affairs (VA), disability compensation, and other benefits reserved for vets with an honorable discharge. Reasons for this type of discharge vary, but may include breaking military rules or committing serious crimes.

Injuries sustained while serving in the military, including post-traumatic stress disorder and traumatic brain injury, may cause changes in behavior. For this reason, commanders struggle with the decision to pursue a bad discharge, according to Gen. Peter Chiarelli, former vice chief of the Army, interviewed in the article. Bad paper not only results in denied benefits, but may also hinder a job search, as some employers consider it a red flag.

The VA may independently assess a veteran’s character of service, and they encourage veterans who have bad discharges to file a claim to have their discharge upgraded.

Top Reports of 2013: OLR Backgrounder: Common Core State Standards

OLR Report 2013-R-0344 explains the origins of the Common Core State Standards (CCSS), including their (1) conception, (2) writing process, (3) design elements, (4) state adoption initiative, (5) plans for subject area expansion, and (6) currently debated issues.

The CCSS are subject-based standards designed to prepare students in grades kindergarten through 12 (K-12) for higher education and the workplace. According to the mission statement on the CCSS website, “[t]he standards are designed to be robust and relevant to the real world, reflecting the knowledge and skills that our young people need for success in college and careers.”

The standards are not a curriculum or test questions, but rather descriptive lists, organized by grade and subject matter, of specific skill areas and subject matter content that teachers must help their students master. Teachers and school districts must use the standards to design their own curriculum. Currently, English Language Arts (ELA) and mathematics are the only subject areas for which standards are available, but there are other subject areas being developed.

As of the publication of this report, 45 states, the District of Columbia, and four territories have adopted the CCSS. The Connecticut State Board of Education (SBE) adopted the CCSS on July 7, 2010, and Connecticut public school districts have already begun implementing them.

Many questions have surfaced about the CCSS as Connecticut and most other states guide school districts toward fully implementing them by the 2014-15 school year. (Kentucky and New York have already fully implemented the new standards.) Since education policy in the United States is traditionally determined on a state and local level, the nationwide nature of the CCSS is unique.

The report provides a look at the origins of the CCSS initiative and a snapshot of future plans for the standards. It ends with a representation of comments from both supporters and critics of the initiative.

For more information, read the full report.

Cities that are Making Commuting on Foot Work

Governing magazine examined data from the US Census Bureau and found the 10 cities with the highest percentage of people who walk to work. Cambridge topped the list with almost one-quarter of workers walking to their jobs. New Haven placed eighth with foot-commuters accounting for more than 11% of workers in the city.

Nationally, less than 3% of all workers walk to their jobs.

The article points to cities that have small city-blocks and dense neighborhoods as being conducive to walking. These conditions are often found in older cities.

Walking to work has gained in popularity in a number of places, including Atlanta where people are moving closer to their workplaces in order to avoid a notoriously congested highway system around the city.

December 24, 2013

Are Electronic License Plates in Your Vehicle’s Future?

The state-issued metal license plate that has adorned cars since Massachusetts issued the first one in 1903 (“1”) may eventually go the way of hand cranks and rumble seats.  The California legislature this year approved a pilot program to allow about 160,000 vehicle owners to display alternative plates, including “wireless-capable” (electronic) ones.

The electronic plates would allow the California Department of Motor Vehicles (DMV) to update license plates remotely, reducing the processing and mailing costs DMV now incurs in mailing registration cards and license plate stickers.  A legislative bill analysis states that the law does not allow license plates to display anything other than the existing state license plate. It may be possible, however for future plates to display such messages as “stolen” or “expired.” 

Because of privacy concerns, the measure, signed into law in October, (1) limits the amount of data that the DMV or license plate provider can exchange with electronic plates and (2) bars DMV from receiving or retaining any information relating to a participating vehicle’s movement, location, or use.

The bill requires DMV to complete the pilot project by January 1, 2017 and report to the legislature by July 1, 2018.

More information on the measure is available at:
News articles on the electronic plates can be found at:

Presidential Compensation at Private College and Universities

The Chronicle of Higher Education recently published a database of presidential compensation at private colleges and universities in 2011. The Chronicle analyzed the compensation of 500 presidents and found that 42 of them earned more than $1 million, with a median compensation of $410,523. The University of Chicago’s president was the most highly compensated president in 2011, earning $3.4 million.

December 23, 2013

Black Market for Craft Beer

As craft beers have become more popular, a black market has emerged.  The black market consists of opportunists who sell hundreds of dollars’ worth of top-rated beers that are hard to find, in short supply, or illegal to ship.

For example, a Vermont woman was charged with selling five cases of a popular beer on Craigslist.

These black market sellers are bypassing many legal requirements in selling alcohol, such as acquiring liquor and business licenses, paying applicable taxes, and selling responsibly (e.g., prohibiting sales to minors).

A USA Today article has more on the topic.

Top Reports of 2013: Body Piercing and Tattooing of Minors

OLR Report 2013-R-0231 explains which states (1) prohibit body piercing or tattooing of minors and (2) require parental consent or physical presence of parents during such procedures.

According to the National Conference of States Legislatures (NCSL), many states have laws that regulate body piercing or tattooing of minors. At least 45 states have laws restricting minors from getting tattoos, while at least 38 states have laws restricting both body piercing and tattooing of minors. Seventeen states prohibit tattooing of minors regardless of parental consent, while three states do so for body piercing.

These laws can be classified in the following ways:
  1. outright prohibition regardless of consent
  2. parental consent required
  3. written parental consent required
  4. written and notarized parental consent required
  5. physical presence of parent required while giving consent or during procedure
  6. combination of outright prohibition and parental consent requirement (e.g., outright prohibition for minors under age 14 regardless of consent, written parental consent required for ages 14-18)
For more information, read the full report.

Some States Look to Crowdfunding to Help Entrepreneurs Raise Funds

Crowdfunding, the concept behind popular websites like Kickstarter and Indiegogo, is gaining traction as a way for entrepreneurs to raise startup funds. According to a recent Wall Street Journal article, nearly a dozen states have enacted or proposed policies allowing entrepreneurs to use “equity crowdfunding,” or selling small amounts of equity to many investors to fund new business ventures.

The article profiles several ventures in Georgia, Kansas, and Wisconsin and notes that current state crowdfunding programs have produced mixed results. For small, local shops and restaurants that would not ordinarily attract professional angel investments, crowdfunding can be an effective way to raise money and get the community behind an emerging business. On the other hand,  it takes a lot of effort to get the general public interested in investing in a business—one of the profiled entrepreneurs called it a “full-time job”—and follow-on investors may not be interested in funding a company where many people own small stakes.

The 2012 federal JOBS (Jumpstart Our Business Startups) Act modified federal law to allow equity crowdfunding and required the Securities and Exchange Commission (SEC) to develop implementing rules. Although the SEC released draft rules in October, it will not finalize the rules until the public comment period finishes in February. These state policies come ahead of the federal effort and provide a state-level test run of the concept.

December 20, 2013

Medicare Advantage Programs

On November 25, 2013, the Kaiser Family Foundation issued a status report on Medicare Advantage programs. 

Medicare beneficiaries may enroll in the traditional Medicare fee-for-service program or in a private Medicare Advantage plan. As of September 2013, 29% of Medicare beneficiaries were enrolled in a Medicare Advantage plan.  Such plans receive federal funding to provide Medicare-covered benefits to enrollees. The Affordable Care Act reduced payments to Medicare Advantage plans to provide greater parity in payments between traditional Medicare and Medicare Advantage.

The report finds that in 2014, as in recent years, virtually all Medicare beneficiaries will have access to a Medicare Advantage plan. It projects that beneficiaries, on average, will be able to choose from 18 plans in 2014, down from 20 in 2013. The report also notes that:

Almost all [beneficiaries] will be able to stay in a similar type plan, often with the same company. Beneficiaries will continue to have access to plans with relatively low premiums. Beneficiaries who remain in the same Medicare Advantage plan in 2013 and 2014 are likely to see modest increases in premiums, on average, but could avoid higher premiums by changing plans[.]

All Medicare Advantage plans must include an annual limit on out-of-pocket costs.  The report finds that the average will increase from $4,333 in 2013 to $4,797 in 2014; 41% of plans will have out-of-pocket limits of $5,000 or more in 2014.

Disposing of or Recycling Holiday-Related Items

The holiday season is upon us. Fireplaces are lit, drinks poured, lights go up, and packages mailed. Many of these activities generate waste that should be disposed of, reused, or recycled using special procedures. The Department of Energy and Environmental Protection maintains a guide for residents on how to properly dispose of, reuse, or recycle these types of less common household waste.

For example, wood ash (from untreated or unpainted wood) from stoves or fireplaces can be used in compost or soil, or as traction against snow and ice. Wine bottle corks can be used in craft and art projects, as mulch for gardens, or as a drainage method in potted plants.

Holiday string lighting is recyclable and by recycling it, toxins in the electric cables are kept out of incinerators. Residents should check with their local municipal recycling coordinators for information about holiday light collection programs. Some retailers, such as Home Depot, operate trade-in or recycling collection programs for these lights. Packing peanuts (i.e., polystyrene loose fill) can be reused and the Plastic Loose Fill Council maintains a Peanut Hotline to help people locate drop off centers for the material.

December 19, 2013

New Gender Pay Equity Report

The Gender Wage Gap Task Force established by Gov. Malloy recently issued “The Gender Wage Gap in Connecticut: Findings and Recommendations.”  According to the report, the state’s full-time, year-round female workers earn 22% - 24.2% less than their male counterparts.  The report cites several factors that contribute to this difference, including education and skills, experience, union membership, training, performance, hours worked, and career choices.  After controlling for these factors, it still finds an estimated 5% - 10% wage gap caused by six key factors: (1) unconscious bias, (2) occupational segregation, (3) lower starting salaries and positions for women, (4) women’s slower career advancement, (5) the “glass ceiling,” and (6) a lack of support for working families.

Among other things, the task force recommends (1) promoting unconscious bias trainings, (2) identifying and promoting private sector jobs that offer greater levels of long-term economic security for women, (3) coordinating with programs that encourage girls to explore non-traditional occupations, (4) encouraging colleges and universities to teach students how to negotiate their salaries and starting positions, and (5) increasing support for working women.

Hot Report: Federal Mental Health Parity Insurance Requirements

OLR Report 2013-R-0437 summarizes the final regulations implementing the federal Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA). The act and the final regulations require parity between mental health and substance use disorder benefits and medical and surgical benefits with regard to financial requirements (e.g., co-payments) and treatment limitations under group health insurance plans, and group, and individual health insurance coverage. The final regulations also reflect changes the federal Patient Protection and Affordable Care Act (ACA) made to the health insurance market. (For related information, see OLR Report 2013-R-0086 on mental health parity.)

Among other things, the final regulations establish transparency requirements for health insurance plans, including disclosure rights of plan participants and providers. In most cases, they require that co-payments, deductibles, and limits on visits to health care providers be no more restrictive or less generous for mental health and substance use disorder benefits than for medical and surgical benefits. They also restrict the use of nonquantitative treatment limitations such as prior authorization requirements.

Under the final regulations, the parity requirements apply to all plan standards, including geographic limits, facility-type limits, and network adequacy. They also apply to intermediate levels of care received in residential treatment or intensive outpatient settings.

The final regulations provide for temporary exemptions from their requirements for insurance plans if they cause the cost of a plan to increase by specified amounts. The final regulations do not apply to Medicaid managed care plans, alternative benefit plans (e.g., Medicaid expansion plans under the ACA), or the Children's Health Insurance Program.

The U.S. departments of Health and Human Services (DHHS) and Labor (DOL) and the Internal Revenue Service issued the final regulations on November 13, 2013, after reviewing more than 5,400 public comments on the interim final regulations, which had been issued in 2010.

The mental health parity provisions of the final regulations apply to health plans and health insurance issuers for plan years (policy years in the individual market) beginning on or after July 1, 2014. Certain technical amendments are effective December 13, 2013.

For more information, read the full report.

Hearing Linked to Income Level

In a study published in Journal of Neuroscience, scientists from the University of Connecticut and the University of Chicago found that children with mothers who had a lower level of educational achievement, which they used as an indicator for socioeconomic status, had poorer hearing as indicated in a number of tests.

Ninth grade students were divided into two groups: one group had mothers with high school degrees or less while the other group had mothers with at least some college. In a test, the first group experienced sounds “less faithfully” than those in the second group.

Study author Erica Skoe told the Hartford Courant, "The analogy would be like listening to a telephone where there was static in the background. You'd be talking to someone, but there'd also be a 'shhhhhhhh' at the same time."

Skoe theorized to the Courant that it’s likely that children who struggle processing sounds experienced less conversation and more noise pollution than other children.

December 18, 2013

App Tells You Where You Would Like to Live

Looking for a community that better suits your lifestyle?  The U.S. Census Bureau’s new app for mobile devices, dwellr, can help.  After answering questions concerning your age, marital status, friends’ age and education, dream job, prospective commute, weather preferences, and ideal community size, the app pairs you with communities matching your preferences.  You can sort them by distance, map them, and explore demographic, housing, and socio-economic information.  And, using your device’s GPS feature, the app can also provide this information for your current location.

photo: : http://nextcity.org/sharedcity/entry/where-the-census-bureau-thinks-you-should-live
The app is free and available for Apple and Android devices. 

Guns Bills Considered by States Since Newtown

photo: New York Times
It’s been a busy year for state legislatures and gun laws since the December 14, 2012 shootings in Newtown.

An infographic in the New York Times helps to visualize the state legislative activity in the last 12 months. It shows the fate of 178 bills in state legislatures that either tighten or loosen gun control measures.

The infographic includes bills that passed at least one house. It’s color-coded for whether it tightens or loosens restrictions on gun rights.

The bills are separated into categories, including:
  • Permits
  • The right to carry a gun in public
  • Guns in schools
  • Mental health and gun ownership
  • Background checks
  • Assault weapons
  • Nullifying federal gun laws
  • Gun access
  • Lost or stolen firearms


December 17, 2013

Government’s Crowdsourcing Revolution

Merriam-Webster.com defines “crowdsourcing” as, “the practice of obtaining needed services, ideas, or content by soliciting contributions from a large group of people and especially from the online community rather than from traditional employees or suppliers.”  And according to a recent Governing.com article, it could be the next big thing in terms of creating public sector efficiencies. 

First used in the private sector, crowdsourcing is a way of approaching and solving complex problems.  It can be initiated by government agencies or by outside entities, like nonprofit organizations, to influence government.

Referencing an IBM Center for the Business of Government report, the article identifies the following four basic approaches to crowdsourcing:
  1. knowledge discovery and management,
  2. distributed human-intelligence tasking,
  3. broadcast search, and
  4. peer-vetted creative production.

Hot Report: Suicide Rates

OLR Report 2013-R-0450 summarizes for statistical data and research on suicide rates from the states that have passed assisted suicide legislation, before and after the legislation passed.
Three states (Oregon, Vermont, and Washington) currently have statutes providing a procedure for a terminally ill patient to request medication to end his or her life. These laws are sometimes referred to as “death with dignity” or “physician-assisted suicide” laws. Oregon’s law took effect in 1997, Washington’s in 2009, and Vermont’s in 2013. In each of these states, the law specifies that actions taken in accordance with it do not constitute suicide, assisted suicide, mercy killing, or homicide under the law. Montana does not have such a statute, but the state’s Supreme Court ruled in 2009 that doctors have a defense to prosecution for assisting a suicide with the person’s consent (Baxter v. Montana, 354 Mont. 234 (2009)).

The report provides the suicide rates since 1990 for Oregon, Vermont, Washington, and the nation as a whole. Oregon and Washington have each had suicide rates that are higher than the national average since 1990. Vermont’s suicide rate has been higher than the national average in most years during that period, except for a few years in the mid to late 1990s. The report presents this data, as well as information on suicide rates by age group and gender in these three states. It also presents data on Oregon’s and Washington’s Death with Dignity Acts.

For more information, read the full report.

Payday Lending Reform

The Pew Charitable Trusts organization recently released a third report in their “Payday Lending in America” series.  The report discusses policy solutions providing safeguards making payday loans safer.  The report also focuses on a Colorado law that applies some of these safeguards.

Among other things, the report found that payday loans are unaffordable for most borrowers because repayment requires about one third of a borrower’s paycheck, resulting in subsequent borrowing.  According to the report, most payday loan borrowers can afford to put only 5% of their income toward loan repayment and still meet their basic expenses. 

According to the report, of the 35 states that allow payday lending today, Colorado is unique in its approach of focusing on affordability by transforming these loans from lump-sum to installment products.  However, the report states that consumers support even more regulation of this market.
 
The report provides the following policy recommendations to make payday loans more safe, transparent, and predictable:
  1. Small-dollar cash loans should be prohibited if they require payments of more than 5% of pretax income.
  2. Costs should be spread evenly over the life of the loan.
  3. Harmful repayment or collection practices should be guarded against.
  4. Disclosures that reflect costs should be required.
  5. Maximum allowable charges should be set.

December 16, 2013

Hate Crimes Statistics

According to recent FBI statistics, law enforcement agencies nationally reported 5,796 hate crime incidents in 2012, down from 6,222 incidents in 2011.

During 2012, the most common motivation for hate crime single-bias incidents was race (48.3%), followed by sexual orientation (19.6%), religion (19.0%), ethnicity/ national origin (11.5%), and disability (1.6%).

There were 3,968 victims of hate crimes against persons.  The most common crimes against such victims were simple assault (39.6%), intimidation (37.5%), and aggravated assault (21.5%).

There were also 2,993 victims of hate crimes against property.  The majority of such crimes involved destruction, damage, or vandalism (75.6%).  The next most common crimes were larceny-theft (9.4%), burglary (5.8%), and robbery (5.0%).

While the national numbers were down slightly, there was a small increase in reported incidents by Connecticut law enforcement agencies. In 2012, 48 law enforcement agencies in Connecticut reported hate crimes, with 149 total reported incidents. In 2011, 42 agencies reported 142 such incidents.

Anti-Flu Drugs Underused for Seriously Ill Children

A new study finds that antiviral drugs effective in treating the flu in children are not being used as much as they once were.

Antiviral use has decreased since the 2009 H1N1 flu pandemic, according to a study published in the journal Pediatrics, and reported in the New York Times.

The study found that prompt use of such drugs as Tamiflu and Relenza can save the lives of children in intensive care units. But the study found that while 90% of critically ill children got the drugs during the pandemic, only 63% received them in a two year period after the pandemic.

“Antivirals…decrease mortality, and the sooner you give them the more effectively they do that,” said one doctor, who was not involved in the study.

According to study author Dr. Janice K. Louie, “one of the goals of the study was to increase awareness and remind clinicians that antiviral use is important in this population.”

December 13, 2013

Two Connecticut School Districts Announced as Finalists for Race to the Top Grants

The U.S. Department of Education recently announced the 31 finalists for the second Race to the Top school district level competition, worth $120 million to the ultimate winners. The department expects to name up to 10 such winners by December 31, 2013.  The winners will receive grants ranging from $4 million to $30 million.

There are two districts from Connecticut, New Haven and Norwalk, still in the mix. Other finalists include large urban districts such as Baltimore, Denver, and Houston, a handful of rural districts (such as a group from the Kentucky Valley Educational Cooperative), and at least one group of charter schools via Rocketship Education in California. The finalists were selected from a field of more than 200 applicants by a panel of three peer reviewers. The applications were screened with an eye toward districts that emphasize personalized learning.

The district level Race to the Top competition is the less publicized version of the Obama Administration’s Race to the Top competitive education grants for states announced in 2010. The state of Connecticut did not win in either round of the state version of the competition -- maybe it will be different for two of our individual districts.

Hot Report: Federal Legislation on EpiPens in Schools

OLR Report 2013-R-0447 explains recent federal legislation concerning epinephrine auto-injectors (EpiPens) in schools, including how the legislation applies to Connecticut. 

On November 13, 2013, President Obama signed into law the “School Access to Emergency Epinephrine Act” (P.L. 113-48).  While the act does not require schools to maintain EpiPens, it incentivizes states to require elementary and secondary schools to maintain them. It also incentivizes states to (1) permit trained school personnel to administer epinephrine to any student for an anaphylactic reaction and (2) provide civil liability protection for such personnel when aiding students in an emergency. The act provides that states adopting such laws will be given priority for federal asthma prevention and education grant funding.

Currently, Connecticut law allows school nurses and other specified personnel to administer medication, including epinephrine, to a student pursuant to a medical order and written authorization of the parent or guardian (CGS § 10-212a). However, Connecticut law does not address the issue of administering EpiPens to any student absent such authorization or schools maintaining an emergency stock of EpiPens. If Connecticut enacted legislation meeting the requirements of the federal act, the state would qualify for the funding preference as specified above.

During the 2013 legislative session, two proposed Public Health Committee bills (HB 5537 and SB 61) would have allowed school nurses to administer epinephrine to a student in an emergency, without requiring a written order from the student’s physician or other health care provider.  One of the bills (SB 61) received a public hearing, but the committee took no further action on it.

Another proposed Education Committee bill (SB 84) would have required school bus drivers to be trained by the Connecticut School Transportation Association to administer epinephrine.  It did not receive a public hearing.

Currently, four states (Louisiana, Maryland, Nebraska, and Virginia) require schools to maintain an emergency stock of EpiPens.  For more information on other states’ laws on this issue, see OLR Report 2013-R-0399.

For more information, read the full report.

‘Tis the Season for Sales Tax Evasion

A recent National Retail Federation survey found that the average Thanksgiving weekend shopper spent 43.7% of his or her total spending online ($177.67), up from 40.7% last year.  But is the average shopper paying sales taxes on those purchases?

As Joseph Henchman from the Tax Foundation points out, the answer depends on what state the shopper is in and whether the online retailer has “nexus” (or physical presence) in the state.  And in some states, including Connecticut, certain online retailers with affiliates must collect sales taxes even if they have no property or employees in the state.  But even if the online retailer does not collect state sales tax, the purchase is not necessarily tax-free.  In many cases, taxpayers owe use tax on those purchases. 

That’s the message Connecticut’s Department of Revenue Services (DRS) is trying to spread.  As online shopping continues to grow in popularity, DRS is reminding taxpayers that they owe use tax on online purchases if they were not charged sales tax at the point of sale.  The use tax (6.35% for most taxable goods and services) is due by April 15, along with the personal income tax, for purchases made during the preceding calendar year.

December 12, 2013

Allentown Revisited

photo: flickr user sludgegulper
Well we're living here in Allentown
And they're closing all the factories down
Out in Bethlehem they're killing time
Filling out forms
Standing in line
, sang Billy Joel in his 1982 hit, “Allentown,” a song that for many symbolized the decline of American manufacturing and expressed the despair many factory workers felt after losing their jobs.

There were other Allentowns dotting America’s industrial heartland, including Louisville, Kentucky, home of GE’s Appliance City, where the number of people making appliances peaked at 23,000 in 1973 before dropping to under 1,900 in 2011 as jobs were outsourced to China. Well, those jobs are coming back to Appliance City, Charles Fishman explained in his December 2012 Atlantic article.

Why are they coming back? Fishman cites some obvious and not so obvious reasons.
  • Appliances made abroad can be copied and manufactured more cheaply by competitors.
  • Oil prices have tripled since 2000, driving up cargo shipping costs.
  • America’s abundant natural gas supply has lowered factories’ energy costs.
  • Labor costs are rising in China as workers are making five times more than they did in 2000, with wages expected to increase 18% per year in the future.
  • As American workers become more productive, labor costs become a smaller portion of the cost of producing goods.
In bringing the jobs back to the U.S., GE learned (or re-learned) some valuable lessons, including the value of having designers, market researchers, engineers, and line workers in the same room. According to Fishman, “By considering the workers who would have to put the water heater together—in fact, by having those workers right at the table, looking at the design as it was drawn—the team cut the work hours necessary to assemble the water heater from 10 hours in China to two in Louisville.”

Another lesson was a math lesson, namely labor isn’t the only variable that affects cost. According to manufacturing expert and Lean Enterprise Institute CEO John Shook, “There was a herd mentality to the offshoring…But it was also the inability to see the total costs—the engineers in the U.S. and factory managers in China who can’t talk to each other; the management hours and money flying to Asia to find out why the quality they wanted wasn’t being delivered. The cost of all that is huge.”
photo: GE
The last lesson concerns the collapsing life cycle of many products. Fishman states that, until recently, a new range or refrigerator design was assumed to last seven years. Now, says Lou Lenzi, head of design for GE appliances, managers figure models will last two or three years, a trend that underscores why designers, engineers, and workers must collaborate on the front end. According to Fishman, “Factories take a while to settle into a new product, a new design. They face a learning curve. But models that have a run of only a couple years become outdated just as the assembly line starts to hum. That, too, makes using faraway factories challenging, even if they are cheap.”

Fishman concludes that these lessons add up to this: “GE is rediscovering that how you run a factory is a technology in and of itself. Your factory is really a laboratory—and the R&D that can happen there, if you pay attention, is worth a lot more to the bottom line than the cost savings of cheap labor in someone else’s factory.”

Beginning to Discover the Causes of Autism

A team of researchers, including researchers at Yale University, recently found which regions of the brain and cell types are subject to gene mutations that lead to autism. The team published their results in the journal Cell.

“Although other genes and neural circuits that contribute to autism spectrum still remain to be found, the new findings suggest new targeted treatments for autism may be possible,” said Nenad Sestan, professor of neurobiology, investigator for the Kavli Institute for Neuroscience at Yale, and co-senior author of the paper, told Yale News.

The team found that one group of genes affected the brain three to five months after conception. The genes change the growth of a particular type of neuron cell. Another group of genes affects the mid-frontal cortex region of the brain.

The researchers don’t yet know how the changes result in autism and the disorder’s symptoms.

December 11, 2013

IRS Proposes New Political Activity Rules for 501(c)(4) Organizations

The IRS recently proposed new rules concerning political activity by 501(c)(4) organizations (i.e., social welfare organizations). The proposed rules, which are currently subject to public comment, are intended to provide the organizations with guidance on political activities that will not be considered to promote social welfare. Under existing IRS rules, 501(c)(4) organizations may make expenditures for political campaign activities so long as such activities do not constitute the organization’s primary activity (generally they can spend up to half of their money on political activity). However, the existing rules do not specify what constitutes political activity.

A 501(c)(4) organization is tax-exempt and may receive anonymous donations of any size. Its primary purpose must be to further the common good and general welfare of the people of the community.

Hot Report: Pesticide Issues

OLR Report 2013-R-0436 answers three questions
  1. What is the definition of integrated pest management (IPM)?
  2. What have been recent developments in the scientific understanding of pesticides, particularly when used in settings such as schools and parks?
  3. What significant pesticide legislation have other states, including New York, adopted in recent years?
While there are many definitions of IPM, it generally refers to a way of managing pests using a variety of management methods, which may include the use of pesticides, to keep pest populations at an acceptable level. Connecticut law contains two definitions of IPM that identify a range of techniques to cope with pests. Both of Connecticut’s statutory definitions, as well as one developed by the U.S. Environmental Protection Agency (EPA), allow for the “judicious” use of pesticides, which include substances used to kill or control weeds, insects, and rodents.  The definitions generally call for taking a context-specific approach to pest management.

There is a voluminous and evolving scientific literature on pesticides and it is beyond our capacity to summarize even the most recent developments in this field. Nonetheless, it is clear that there are substantial uncertainties regarding the health and environmental effects of some widely used pesticides. Partially as a result of this, different jurisdictions have handled the same pesticide in different ways.  This report summarizes a handful of recent scientific studies.

The report also summarizes significant pesticide legislation that has been enacted in California, the District of Columbia, Illinois, Maine, New York, Oregon, and Virginia. These states have regulated pesticides in various ways. For example, the District of Columbia limits the application of certain pesticides at schools and day care centers, near waterways, and on district property. Illinois requires licensed day care centers to ensure that pesticide products will not be applied to their grounds when children are present. Maine required the Board of Pesticides Control to develop best management practices for establishing and maintaining school lawns, playgrounds, and playing fields. New York (1) prohibits the use of certain pesticides for commercial lawn application and at certain locations including schools and day care centers. Virginia requires the (1) Department of Education to make information on IPM programs available to school boards and (2) state Cooperative Extension Service, in cooperation with the Pesticide Control Board, to develop guidelines for IPM.
 
For more information, read the full report.

U.S. Department of Veterans Affairs Conducting Massive Study of Vets’ Health

The U.S. Department of Veterans Affairs (VA) is conducting a longitudinal study of 60,000 vets and their health.  Called the National Health Study for a New Generation of U.S. Veterans, the department wants to study this group for 10 years.
The study aims to:
  • provide insight on the overall health of recent veterans,
  • improve the VA’s understanding of what health services veterans need, and
  • maximize the quality of care that the VA offers.
The VA wants the study to include:
  • 30,000 Operation Enduring Freedom/Operation Iraqi Freedom Veterans;
  • 30,000 veterans who served elsewhere during the same time period;
  • veterans from each branch of the military;
  • active duty, reserve, and National Guard members; and
  • a sample of women veterans amounting to 20% of the total group.
All participants will fill out surveys and 1,000 will be asked to disclose medical records to the study’s researchers.

December 10, 2013

Watch Out For Falling Gas Prices

The Atlantic notes that gasoline prices have fallen to their lowest levels in more than two years.  Part of the decline is attributable to soft demand resulting from Americans buying more fuel-efficient cars and younger people driving less. But another part of the decline is due to the international market for diesel fuel. According to the article, demand for diesel is strong in Europe and Asia. But when you make diesel, you also make other petroleum products like gasoline. In trying to take advantage of high diesel prices abroad, refiners may be driving down gasoline prices in this country.

According to the Energy Information Administration, it is likely that gasoline prices will remain relatively low for some time. It has forecast that the U.S. annual average regular gasoline retail price will be $3.50 per gallon in 2013 and $3.39 per gallon in 2014, compared to $3.63 per gallon in 2012. On the other hand, the article notes that oil is getting harder to find and extract, requiring greater and greater investments of time, money, and energy. Thus, the current positive outlook is not necessarily indicative of a long-term trend.

Online Student Advising

Education Advisory Board, a Washington, D.C. research and consulting company, has developed advisement software that encourages students to define their academic goals and alerts them when they are straying from their plan.  The Atlantic reports that this software is designed to help students who are enrolled in four-year colleges or universities. However, it may be especially helpful for community college students who traditionally struggle to complete their two-year programs on time.

Federal statistics show that only 20% of first-time, full-time community college students obtain an associate’s degree within three years when enrolled in a traditional two-year program.  Several factors may contribute to this low number.  For instance, the ratio of students to advisors at the average community college is 1,000 to 1.  Also, community colleges serve a very diverse student body, from working adults seeking higher credentials to newly-graduated high school students, who have vastly different advisement needs.  As these institutions work under budget constraints, many students are left to navigate the academic system on their own.

Education Advisory Board’s web-based software for four-year institutions alerts advisors when a student fails to sign up for a required course, risks losing financial aid, or earns a low grade in a required course for his or her major.  For two-year schools, the company is developing a tool that asks students questions about their academic strengths, interests, family income, time constraints, and desired degree.  The tool would then suggest majors and degree programs for students and provide information on salaries earned by comparable graduates.  The goal is to compile this information to allow the current community college administrative systems and advisors to better help their students.

December 9, 2013

Veteran Homelessness Decreased Since 2010

According to the Department of Housing and Urban Development (HUD), the number of homeless veterans in the U.S. decreased between 2010 and 2013. HUD conducts an annual “point in time” survey in January. The 2013 survey showed a 24% decrease in homeless vets over the 2010 survey.
In January 2010, there were 76,329 homeless veterans found in the U.S. and in January 2013, 57,849 were found.

The report points to the joint HUD-U.S. Department of Veterans Affairs (VA) program HUD-VA Supportive Housing as a significant reason behind the decrease. The program provides veterans with housing along with support services such as substance abuse treatment.

HUD also found a 6.1% reduction in homelessness in the population at large over the three-year period.

Hot Report: State Distracted Driving Policies and Practices

OLR Report 2013-R-0438 summarizes how states, including Connecticut, are trying to reduce the incidence of drivers' texting or using cell phones (distracted driving). Much of the following information is from a July 2013 Governors Highway Safety Association (GHSA) report: “Distracted Driving: Survey of the States,” and a November 2013 GHSA summary of state distracted driving laws.

The states generally address distracted driving by banning specific distracted driving practices, identifying strategies for combatting distracted driving, collecting data on distracted driving-related crashes, and educating the public about its hazards.

GHSA, a nonprofit association representing state highway safety offices, surveyed its members about distracted driving in 2010 and in 2012. In 2012, 43 states said that they had increased their emphasis on distracted driving since the earlier survey. They did this by stepping up public education, tightening distracted driving laws, adding a distracted driving category to the information collected on crashes, reaching out to the public through social media, and other means.

According to GHSA, as of November 2013:
  • 41 states, including Connecticut, banned texting for all drivers and six other states prohibited texting for novice drivers;
  • 12 states, including Connecticut, banned drivers from using hand-held cell phones; and
  • 37 states, including Connecticut, banned all cell phone use (hand-held or hands-free) by novice drivers.
For more information, read the full report.

Number of U.S. Banks at Lowest Level Since Great Depression

According to a Wall Street Journal article, the U.S. now has the fewest banking institutions since at least the Great Depression.  Using data from the Federal Deposit Insurance Corporation, the article states that there were 6,891 federally insured institutions nationwide in the third quarter of 2013, the lowest number since regulators began tracking banks in 1934.

The article states that the number of banks reached a high of more than 18,000, and the bulk of the drop was due to the loss of banks with less than $100 million in assets between 1984 and 2011.  The decline in banks primarily occurred because of mergers, consolidations, and failures.

The article notes that every year from 1934 to 2009 new banks received U.S. charters, with some years seeing hundreds of new banks.  But a new bank opening this week was the first startup since December 2010.

December 6, 2013

Insurance Coverage for Contraception Cases Go to the Supreme Court

On November 26, 2013, the U.S. Supreme Court agreed to hear two cases based on the federal Patient Protection and Affordable Care Act (ACA).  The cases question whether corporations may refuse to provide insurance coverage for contraception to employees based on the corporation owners’ religious beliefs, according to the New York Times.  The ACA requires that employers’ health plans cover birth control, but exempts houses of worship and certain nonprofit religious and church-affiliated organizations.  According to the New York Times, the Obama administration has “said that commercial corporations could not rely on religious objections to opt out of compliance with the law.”  Lower courts are divided on this issue, prompting requests for the Supreme Court to take on the matter.  The two cases, Sebelius v. Hobby Lobby Stores and Conestoga Wood Specialties v. Sebelius, will likely be argued in March and decided by June.

“Right-Sizing” Blighted Cities

The New York Times recently reported on efforts underway in several major cities to demolish large tracts of vacant and abandoned structures in underpopulated neighborhoods.  Detroit, Baltimore, Philadelphia, Cleveland, Cincinnati, and Buffalo are among the cities the article cites as embracing a “form of creative destruction” to “stimulate economic growth, reduce crime and blight, and increase environmental sustainability.”

In some cases, the cities are turning the vacant lots into community spaces and urban farms.  Cleveland, for example, has more than 200 urban gardens (and one vineyard) spread throughout the city.  Philadelphia has taken it a step further by allowing property owners to purchase city-owned vacant lots that are adjacent to their own lots for as little as $1.

Hot Report: Major Issues for 2014

The Office of Legislative Research has released Major Issues for 2014.

Every year, legislative leaders ask the Office of Legislative Research (OLR) to identify and provide brief descriptions of important issues that the General Assembly may face in the coming session.

The report represents the professional, nonpartisan views of staff in OLR, the Office of Fiscal Analysis (OFA), and the Legislative Commissioners’ Office (LCO) regarding possible upcoming legislative issues. It does not represent staff suggestions or recommendations. The office identified issues based on interim studies; research requests; non-confidential discussions with legislators, other legislative participants, and executive branch agencies; and our general subject matter knowledge.

OLR compiled this report on the major issues for the 2014 session in consultation with OFA and LCO. OLR analysts wrote the issue descriptions below, except for the Appropriations Committee description, which OFA provided.

The report lists the issues according to the committee in whose jurisdiction they primarily fall. Since more than one committee may consider aspects of the same issue, descriptions may overlap. Where appropriate, it provides links to OLR Reports and other online documents that contain additional information about particular issues.

December 5, 2013

Cities Need to Hunker Down for Fiscal Storms

photo: Jay Daverth
An earlier posting described the long, complex chain of events leading up to municipal bankruptcy. “The cycle of municipal decline looks the same in a lot of places. People and businesses leave, which causes tax revenues and quality of place to degrade. That, in turn, leads to tax increases and service cuts, which makes more people and businesses leave,” Aaron Renn wrote in a recent Governing article. “This repeats in an endless cycle as a city slowly dies,” he added.

Given this continuous exodus pattern, cities should be able to forecast fiscal storm clouds and batten down the hatches before the storm hits. Instead, “most cities seem to be in a perpetual state of budget crisis,” Renn wrote, a condition that makes residents and business owners anxious and uncertain, causing many to leave for places where taxes and services are stable and predictable.

How can cities reduce uncertainty and make things more predictable, thereby reducing the “endless stream of crisis management?” By taking a “realistic forward look at their civic trajectory—medium-term revenue forecasting, . . . capital asset replacement cycles, and so on—and restructure the services delivered and revenues raised in order to create a sustainable baseline that can be defended over at least the medium term.”

Can cities pull this off? Renn seems skeptical. Restructuring “involves choices and leadership we don’t see a lot in politics: a willingness to face financial problems boldly instead of deferring them; transparency; and a public dialogue about the tough choices that are needed to bring fiscal sustainability.”

Hot Report: Short Sales

OLR Report 2013-R-0400 summarizes the potential impact of requiring banks to (1) set a floor on any given short sale price in Connecticut and (2) accept or reject offers above that threshold within a certain time period. It also examines what other states have legislated in this area.

A short sale, also known as a pre-foreclosure sale, is when a person sells his or her home for less than the balance remaining on the mortgage. If the mortgage company agrees to a short sale the property is sold and the proceeds are used to pay off all, or a portion of, the mortgage balance.

The report does not identify any state that has passed legislation specifically requiring banks to (1) set a floor on any given short sale price and (2) accept or reject offers above that threshold within a certain time period. It did not find any study that assesses the potential impact of making such requirements law. However, various sources addressing similar proposals to increase regulation of short sales indicate that such measures could have several potential effects. These range from removing barriers to short sales and preventing foreclosures to increasing the cost of getting mortgages and decreasing their availability.

According to the National Conference of State Legislatures (NCSL), in 2013, 38 states considered legislation regarding foreclosures. At least seven states considered bills regarding short sales. None of these bills specifically addressed setting a floor on short sale prices. However, both Florida and Connecticut considered legislation that would establish decision-making timelines. One Florida bill would require a lienholder to approve a short sale and execute any documents necessary to close the sale within a specified time period, if a debtor finds a buyer who makes an offer in writing equal to the property's fair market value. The Connecticut bills would add a foreclosure option called foreclosure by market sale. This is a court-approved sale on the open market where the court, as opposed to the bank, sets the sale date which must be a certain number of days of approving an offer.

In general, Connecticut law does not specifically govern short sale transactions, other than debt negotiators' licensure requirements. OLR Report 2013-R-0083 summarizes these requirements in short sale negotiations.

In assessing the impact of making changes to state foreclosure laws, note that the banking industry operates under a dual regulatory system, federal law and state law. Federal law preempts state law regarding federally chartered banks on a number of issues. As such, the impact of certain changes in state law is generally limited to state chartered banks.

Also note that federal guidelines expediting the short sale process went into effect in 2012 for mortgages owned or guaranteed by Fannie Mae or Freddie Mac. According to the Federal Housing Finance Agency (FHFA), these federal agencies back three out of every four residential mortgages in the United States.

For more information, read the full report.

Study Examines Alarming Tendency of Autistic Children to Wander

A study in Pediatrics, the American Academy of Pediatrics journal, examined wandering, or “elopement,” behavior in children with autism spectrum disorders (ASDs). (The authors define “elopement” as “a dependent person exposing him or herself to potential danger by leaving a supervised, safe space or the care of a responsible person.”)  The study results were based on survey responses from 1,218 families registered with the Interactive Autism Network (IAN), an online research database and autism registry.   (To register with IAN, a family must live in the United States and have a child with professionally diagnosed ASD.)

According to the study:
  • 49% of survey respondents reported their child with ASD had attempted to elope after age four, and of those children, 53% went missing long enough to cause their caregivers concern;
  • between ages four and seven, 46% of children with ASD eloped at least once compared to 11% of siblings without ASD;
  • on average, children with ASD who eloped went missing for 41.5 minutes;
  • elopement resulted in close calls with traffic injury (65% reported) and drowning (24% reported);
  • “greater autism severity was associated with increased elopement risk”; and
  • 56% of respondents reported elopement as one of the most stressful behaviors they had to cope with as caregivers.
The study also revealed many parents and caregivers generally felt as if they had little if any guidance or instruction on effectively deterring such behavior. 
 

December 4, 2013

Economic Mobility and the American Dream

A new report from the Pew Charitable Trusts finds that 40% of Americans believe it is common for someone in the U.S. to start poor and become rich through hard work.  But the report finds that 43% of Americans raised at the bottom of the income ladder do not rise above that level and 70% do not rise to the middle of the income ladder.

The report also finds that a college degree and whether a family has two incomes are factors that promote upward mobility.  It also finds that whites are twice as likely to move up from the bottom of the income ladder as blacks are.

For more information, view charts and the full report.

Placing Children on Sex Offender Registries Causes Irreparable Harm

The advocacy group Human Rights Watch (HRW) has harshly criticized laws placing youth or children on a sex offender registry. In a report released earlier this year, HRW challenges the view that registration laws and related restrictions are an appropriate response to sex offenses committed by children. It contends that, contrary to common public perceptions, the empirical evidence suggests that placing a child on a sex offender registry does little to advance community safety. But the practice “overburdens law enforcement with large numbers of people to monitor, undifferentiated by their dangerousness.” And “the harm befalling youth sex offenders can be severe. Youth sex offenders on the registry experience severe psychological harm. They are stigmatized, isolated, [and] often depressed,” according to the report.

The report cites several studies that place the recidivism rate for youth sex offenders at between four and 10 % compared to 40% nationally for all crimes. The organization is calling on the states and federal government to exempt youth sex offenders from registration in combination with community notification.

December 3, 2013

Open Space Grants Funding Announced

Connecticut’s Department of Energy and Environmental Protection (DEEP) announced a new round of grant funding is available to assist municipalities and land conservation groups purchase open space lands through the Open Space and Watershed Land Acquisition program.  The funds come from Community Investment Act funds. 

According to DEEP, open space conservation efforts are helping Connecticut meet its open space goal of preserving 21% of Connecticut’s land – or 673,210 acres – by the year 2023.  DEEP and its partners have preserved nearly 500,000 acres already, which is almost 74% of the goal.  Since the Open Space and Watershed Land Acquisition program began in 1998, DEEP has provided more than $109 million in grants to assist with the purchase of approximately 27,440 acres of open space in 128 municipalities.

Hot Report: Freedom of Information Laws and the First Amendment

OLR Report 2013-R-0439 summarizes case law concerning the relationship between the First Amendment of the U.S. Constitution and freedom of information (FOI) laws.

Under U.S. Supreme Court precedent, access to government records is a policy question to be decided by legislative bodies; it is not a constitutional question. As the Court wrote in a recent opinion, it “has repeatedly made clear that there is no constitutional right to obtain all the information provided by FOI[Act] laws” (McBurney v. Young, 133 S.Ct.1709, 1718 (2013)).

The primary Supreme Court case concerning a constitutional right of access to government records is Houchins v. KQED, 438 U.S. 1 (1978). In Houchins, the plurality opinion and concurrence both held that neither the First nor the Fourteenth amendments “mandates a right of access to government information or sources of information within the government's control” (id., at 15), nor do they grant the media a right of access that is greater than the public's right of access. The plurality opinion noted that, while previous Supreme Court cases upheld First Amendment rights to communicate information, those cases did not construe the First Amendment as providing a right to obtain information from the government.

Since Houchins, other Supreme Court cases have discussed the lack of a First Amendment right to government records. In one case, the Court upheld a California law that limited the purposes for which public records could be sought, noting that “California could decide not to give out arrestee information at all without violating the First Amendment” (Los Angeles Police Dept. v. United Reporting Publishing Corp., 528 U.S. 32, 40 (1999)). Similarly, in the McBurney opinion cited above, the Court noted that there is no constitutional right to obtain records under FOI laws.

In an appellate court case, the U.S. Court of Appeals, District of Columbia Circuit, citing Houchins, held that the First Amendment did not compel the government to release information about individuals detained after the September 11 attacks (i.e., arrestee names, names of their attorneys, dates of arrest and release, locations of arrest and detention, and reasons for detention).

This report addresses access to government records only. In a separate line of cases, beginning with a Supreme Court decision in Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555 (1980), courts have held that the First Amendment guarantees the public and media access to criminal trials. As Chief Justice Burger wrote in the Richmond Newspapers plurality opinion:

What this means in the context of trials is that the First Amendment guarantees of speech and press, standing alone, prohibit government from summarily closing courtroom doors which had long been open to the public at the time that Amendment was adopted…we hold that the right to attend criminal trials is implicit in the guarantees of the First Amendment (id., at 576, 580).
For more information, read the full report.

New Guidelines for Cholesterol Drugs

As reported in the New York Times, the American Heart Association and the American College of Cardiology have released new guidelines to reduce cardiovascular risk, including the use of cholesterol-lowering statin medications.  The new guidelines were based on a four-year review. Among other changes, the new guidelines (1) count strokes as well as heart attacks in risk calculations and (2) no longer tie cholesterol levels to numerical targets to support continued use of statins. 

The new guidelines generally recommend statins (1) for all high risk patients (such as those with a previous heart attack) except in rare circumstances and (2) for other people with a risk of heart attack or stroke of 7.5% or greater over the next 10 years, based on various factors.

According to the article, a quarter of people in the country over age 40 take statin medications. The article states that it is unclear how the new guidelines will change clinical practice. 

The article also points out criticisms by some in the medical community regarding the new guidelines, including controversy surrounding the new recommendations concerning cholesterol level targets.  For example, some experts worry that patients will lose motivation to control their cholesterol without target numbers.

December 2, 2013

Innovative Cash Transfer Program Shows Some Promise for Eradicating Intergenerational Poverty

One of the country’s leading welfare-to-work evaluation organizations has looked at the results of and is helping to tweak a unique, privately funded cash transfer program that ties receipt of benefits to certain outcomes, including children’s education and family preventative health care.

The Family Rewards Program, as it has been dubbed, is the first comprehensive conditional cash transfer program of its kind to be offered in a developed country. Its initial launch in New York City provided cash assistance to low-income families to reduce immediate hardship for three years. Families received the money only if they met certain milestones, such as children’s attendance in school, preventive health care, and parents’ employment. On average, families received $8,700 over the three-year period.

The pilot program ran from 2007-2010 and showed mixed results. Researchers found that it reduced current poverty and material hardship, including hunger and some housing-related hardships, but these effects weakened when the cash transfers ended. The program also helped parents increase savings. It did not improve school outcomes for elementary or middle school students but high school students who were academically proficient readers when they began the program had positive outcomes.

Building on early lessons from the program, the Center for Economic Opportunity (the program’s founded) and the Manpower Demonstration Research Center (the program evaluator) have launched Family Rewards 2.0., which includes a focus on 9th and 10th grade students only, fewer rewards but more frequent disbursements, and one-on-one family guidance. (The original model provided no services, just the cash incentives.) The program will continue to be evaluated. 

Click here to read the latest report on the program. 

Many Colleges and Universities Expecting Lower Tuition Revenue Growth

A new report by Moody’s Investors Service finds that many public and private higher education institutions expect their tuition revenues to fall short of inflation. According to the report, which was based on a survey of 114 public and 173 private higher education institutions, 44% of public institutions and 42% of private institutions expect that their growth in net tuition revenue in FY 14 will fall short of the 2% rate of inflation. Further, 28% of the public and 19% of the private institutions expect net tuition revenue to decrease in FY 14. The report attributed these figures to softening student demand at current tuition prices.

Net tuition measures the actual amount of tuition revenue an institution collects. Unlike the published or “sticker” tuition price, net tuition accounts for waivers, scholarships, and other aid the institution provides.

November 29, 2013

2013 Homeless “Point in Time” Count

The Connecticut Coalition to End Homelessness recently released its 2013 Homeless Point in Time Report.  The annual “Point in Time Count” (PIT) is a statewide census, conducted on a single winter night, of homeless people staying in emergency shelters or transitional housing programs or living in places unintended for human habitation.  Connecticut’s PIT took place on January 29, 2013.  Across the country, similar counts are conducted annually or biennially.  The report highlights the following statistics from the 2013 count:
  • 4,506 individuals were homeless,
  • 2,321 single adults slept in shelters and transitional housing,
  • 826 single adults slept on the streets,
  • 12 unaccompanied children under age 18 slept in emergency shelters,
  • 438 families (comprising 508 adults and 746 children) slept in emergency shelters or in transitional housing,
  • 37 families (37 adults and 56 children) slept on the streets,
  • 39% of youth aged 18 to 24 in shelters or transitional programs were with children of their own,
  • 43% of the 863 unsheltered adults are chronically homeless,
  • between 2011 and 2013, the unsheltered population increased by one third (and by 82% since 2009),
  • half the counted homeless veterans are chronically homeless,
  • 18% of counted people experienced domestic violence, and
  • nearly 1 in 10 homeless individuals are youths aged 18 to 24.

Arizona Approves Solar Net Metering Charge

According to Azcentral.com, Arizona’s energy regulators recently approved a $0.70 per kilowatt monthly surcharge on new solar rooftop panel users who “net meter.”  Under net metering, an electric company customer who owns a renewable energy system (e.g., a solar rooftop system) receives a credit when the system produces more power than the customer uses in a billing period. In effect, the customer's meter runs backwards when the system generates excess power.

Proponents of a net metering surcharge argue that those who net meter shift certain infrastructure costs to those who do not net meter because even though they all use the same infrastructure, those who net meter are being charged less for it.  Opponents contend that a surcharge could harm a key incentive to increase renewable energy usage and that solar customers actually save an electric company money by deferring the cost of new power plants and other infrastructure.

Coming after months of debate, the new charge represents a compromise between both sides.  For common-size solar rooftop systems, the charge will be about $5 a month and must be used to offset any cost shifting from solar to non-solar customers.  It will only apply to those who install rooftop solar systems after the end of this year.

November 28, 2013

Family Caregivers Experience Longer Lives

A study published in the American Journal of Epidemiology reaches the conclusion that people caring for family members experience longer lives than people who don’t.
The study, which surveyed 3,503 people, found that caregivers were 18% less likely to die over a six-year period than non-caregivers.

An article from National Public Radio (NPR) looks into the reasons why this might be the case and finds what one might expect. Leah Eskinazi, director of operations at the Family Caregiver Alliance, explains that caregivers “feel really good that they can give back to mom, for example, because mom was really there for them when they were growing up.  Maybe they weren't the best kid, but as they've aged they can have a more balanced healthier relationship and heal some of those wounds."

While caring for someone with dementia can be draining, NPR cites studies showing that only 10% of caregivers were taking care of someone with dementia.

Pre-Term Birth Rate Drops in Connecticut

According to the March of Dimes, Connecticut experienced a drop in its pre-term birth rate, defined as births before 37 weeks of gestation, from 10.1% of all births in the state in 2011 to 9.7% in 2012.  The March of Dimes issues a report card for each state as part of its Prematurity Campaign, and gave Connecticut a “B.” The goal of the campaign is to reduce the nation’s pre-term birthrate to 9.6% or lower by 2020. States earn an “A” when they meet this goal.

The country as a whole earned a “C” with a nationwide pre-term birthrate of 11.5%.

Premature birth can lead to a number of negative outcomes including lifetime breathing problems, cerebral palsy, and intellectual disabilities. It is also the leading cause of newborn death. In terms of financial costs, the Institute of Medicine stated in a 2006 report that pre-term births cost the United States $26 billion.

November 27, 2013

Hot Report: Laws Allowing Records to be Inspected but not Copied

OLR Report 2013-R-0435 gives examples of other states' laws that allow certain records (e.g., crime scene photos) to be inspected but not copied. You also want to know the (1) procedures these states use to prevent unauthorized copying of these records and (2) consequences of unauthorized copying.

OLR Report 2013-R-0364, which addressed state laws governing access to crime scene photos, autopsy records, and 911 tapes and transcripts, identified four states whose laws have provisions for inspecting, but not copying, these records. They are Georgia (crime scene photos or videos), North Carolina (autopsy photos or videos), North Dakota (911 tapes), and Ohio (autopsy photos).

Public agencies in these states use varying procedures to prevent unauthorized copying of the records, such as having a staff member present when a person inspects them. Officials with whom the office spoke said that they did not know of any instances of unauthorized copying of the records when inspected under these laws.

Two states (Georgia and North Carolina) have criminal penalties for unauthorized copying of the records; none of the four states' laws allow for a cause of action for unauthorized copying. A person could file a lawsuit for common law tortious invasion of privacy, but we found a North Carolina case concerning unauthorized copying and distribution of autopsy photos where the court dismissed such a claim.

For more information, read the full report.

Bicycles Leaving Cars in their Dust

This fall, prompted by an earlier news story on bicycles outselling cars in Spain, National Public Radio analyzed data and reported on bicycle and car sales in the European Union’s member states. What it found was that bicycle sales exceeded new car sales in 2012 in all of the analyzed countries except Belgium and Luxembourg. According to NPR’s article, it was the first year since World War II that bicycle sales outpaced car sales in Italy. The countries with the greatest number of bicycle sales were Germany, Britain, France, Italy, and Spain. The greatest difference in sales between bicycles and cars was found in Lithuania, Greece, Romania, Slovenia, and Hungary. For example, in Lithuania 115,000 bicycles were sold in 2012 compared to 12,000 passenger cars sold. According to the article, the sales differences can be attributed to a general decline in car sales across Europe that occurred along with the worldwide recession. Early 2013 marked a 20-year low in car sales on the continent.

Is something similar happening in the United States? Not yet. In fact, in September 2013, car sales reached pre-recession levels. But the article cites a different problem for the U.S. automobile industry: younger drivers are buying fewer cars, while bicycle sales remain consistent. According to a 2012 article by Motortrend, Generation Y has less interest in owning a car than prior generations. This is due, in large part, to the effect of the Great Recession, which suppressed the ability of younger workers to find good paying jobs. And the article states further that these young people will not necessarily purchase a motor vehicle once the economy improves.