According to a recent Insurance Journal article, Superstorm Sandy disproportionately affected low-income people, with 43% of New York and New Jersey households applying for federal aid reporting annual income of less than $30,000.
Additionally, the storm affected low-income renters, a population most vulnerable to being left without affordable housing after the storm. The storm’s floodwaters damaged or destroyed hundreds of thousands of homes and commercial buildings, including 402 public housing buildings with more than 35,000 units in New York City.
U.S. lawmakers approved $50 billion in federal aid to help homeowners, businesses, states, and cities.
March 28, 2013
Hot Report: Water Fluoridation
OLR Report 2013-R-0171 updates OLR Report 2007-R-0655, describing Connecticut law on water fluoridation.
Most water supplies contain trace amounts of fluoride. When a water system adjusts the level of fluoride above the naturally occurring amount, it is referred to as community water fluoridation.
According to 2010 statistics from the Centers for Disease Control and Prevention (CDC), approximately 73.9% of the U.S. population whose water comes from public water supplies (about 204 million people) have access to fluoridated water. In Connecticut, that figure is 91.0%, which ranks 14th in the nation. Among the entire U.S. population (including those whose water does not come from public water supplies), 66.2% have access to fluoridated water (http://www.cdc.gov/fluoridation/statistics/2010stats.htm).
According to the CDC, water fluoridation prevents tooth decay in two ways: (1) primarily through direct contact with teeth throughout life and (2) when consumed by children during the tooth forming years. CDC states that water fluoridation is the most inexpensive way to deliver the benefits of fluoride to all residents of a community.
Other sources of fluoride are available. It can be applied directly to teeth through toothpaste, mouth rinses, and fluoride treatments in dental offices. More information about other fluoride products is available on the CDC's website: http://www.cdc.gov/fluoridation/other.htm.
In 1962, the U.S. Public Health Service recommended that fluoride concentrations in drinking water be 0.7 to 1.2 milligrams per liter (mg/L), depending on ambient air temperature for the area (areas with higher average temperatures would require less fluoride). In 2011, the U.S. Department of Health and Human Services (HHS) proposed new guidance recommending that community water systems adjust their fluoride level to 0.7 mg/L. The proposal stated that this concentration would provide “the best balance of protection from dental caries (cavities) while limiting the risk of dental fluorosis” (dental fluorosis is a change in the appearance of tooth enamel caused by excessive fluoride intake). The HHS guidance is advisory only. More information, including the rationale for the updated recommendation, is available in the Federal Register notice announcing the proposal (76 Fed. Reg. 2383 (Jan. 13, 2011), available at http://www.gpo.gov/fdsys/pkg/FR-2011-01-13/pdf/2011-637.pdf).
For more information, read the full report.
Most water supplies contain trace amounts of fluoride. When a water system adjusts the level of fluoride above the naturally occurring amount, it is referred to as community water fluoridation.
According to 2010 statistics from the Centers for Disease Control and Prevention (CDC), approximately 73.9% of the U.S. population whose water comes from public water supplies (about 204 million people) have access to fluoridated water. In Connecticut, that figure is 91.0%, which ranks 14th in the nation. Among the entire U.S. population (including those whose water does not come from public water supplies), 66.2% have access to fluoridated water (http://www.cdc.gov/fluoridation/statistics/2010stats.htm).
According to the CDC, water fluoridation prevents tooth decay in two ways: (1) primarily through direct contact with teeth throughout life and (2) when consumed by children during the tooth forming years. CDC states that water fluoridation is the most inexpensive way to deliver the benefits of fluoride to all residents of a community.
Other sources of fluoride are available. It can be applied directly to teeth through toothpaste, mouth rinses, and fluoride treatments in dental offices. More information about other fluoride products is available on the CDC's website: http://www.cdc.gov/fluoridation/other.htm.
In 1962, the U.S. Public Health Service recommended that fluoride concentrations in drinking water be 0.7 to 1.2 milligrams per liter (mg/L), depending on ambient air temperature for the area (areas with higher average temperatures would require less fluoride). In 2011, the U.S. Department of Health and Human Services (HHS) proposed new guidance recommending that community water systems adjust their fluoride level to 0.7 mg/L. The proposal stated that this concentration would provide “the best balance of protection from dental caries (cavities) while limiting the risk of dental fluorosis” (dental fluorosis is a change in the appearance of tooth enamel caused by excessive fluoride intake). The HHS guidance is advisory only. More information, including the rationale for the updated recommendation, is available in the Federal Register notice announcing the proposal (76 Fed. Reg. 2383 (Jan. 13, 2011), available at http://www.gpo.gov/fdsys/pkg/FR-2011-01-13/pdf/2011-637.pdf).
For more information, read the full report.
"Hotspot" Identification May Help Lower State Medicaid Costs
According to a recent State Legislatures article, roughly 5% of Medicaid enrollees account for 50% of all Medicaid expenses. Some of the costliest enrollees are "high utilizers," meaning they have three or more hospital admissions or six or more emergency room visits each year. Through the use of new technology, state Medicaid programs can map their expenditures geographically and identify areas with unusually high numbers of costly patients, including high utilizers (i.e., “hotspots”).
Once officials identify hotspots, they can determine (1) why Medicaid costs are so high in those particular geographic areas and (2) how to provide high utilizers with alternative, lower-cost services that still provide quality healthcare.
Using hotspotting, healthcare providers in Camden, New Jersey found that half of the city's residents used emergency departments or hospitals to treat minor ailments such as head colds and ear infections. In response, New Jersey lawmakers passed 2010 legislation that established a new Medicaid business model, the Medicaid Accountable Care Organization Demonstration Project. According to the article, the new model rewards providers for care coordination, disease control, and cost containment rather than for the number of patients treated and tests or procedures performed.
The article notes that recent case studies indicate the model has achieved patient health improvements and Medicaid cost containment, however researchers are still in the process of formally evaluating its success.
Once officials identify hotspots, they can determine (1) why Medicaid costs are so high in those particular geographic areas and (2) how to provide high utilizers with alternative, lower-cost services that still provide quality healthcare.
Using hotspotting, healthcare providers in Camden, New Jersey found that half of the city's residents used emergency departments or hospitals to treat minor ailments such as head colds and ear infections. In response, New Jersey lawmakers passed 2010 legislation that established a new Medicaid business model, the Medicaid Accountable Care Organization Demonstration Project. According to the article, the new model rewards providers for care coordination, disease control, and cost containment rather than for the number of patients treated and tests or procedures performed.
The article notes that recent case studies indicate the model has achieved patient health improvements and Medicaid cost containment, however researchers are still in the process of formally evaluating its success.
March 27, 2013
Hot Report: Gun-Free School Zones
OLR Report 2013-R-0192 explains if a state law authorizing off-duty law enforcement officers to carry firearms in a gun-free school zone would conflict with the Federal Gun-Free School Zone Act.
Th Office of Legislative Research is not authorized to give legal opinions and this report should not be construed as such.
Federal law generally bans possession of firearms within an elementary or secondary school, on school property, or within 1,000 feet of school property. The law exempts law enforcement officers acting in their official capacity, but not off-duty officers, from the ban. Thus, off-duty officers cannot legally possess firearms in these zones by virtue of their office. But like other individuals, they may possess firearms within the zone under a license exemption to the ban. This provision exempts from the ban anyone licensed by the state in which the school zone is located, or by a political subdivision of the state, if the law required the licensing authority to verify that the person is qualified to receive the license.
The law also states that it does not preempt or prevent states or local governments from enacting gun-free school zone laws. As is the case with the federal law, Connecticut's Gun-Free School Zones Act contains no exception for off-duty law enforcement officers. Authorizing an exemption for law enforcement officers, solely by virtue of their office, would conflict with federal law.
For more information, read the full report.
Th Office of Legislative Research is not authorized to give legal opinions and this report should not be construed as such.
Federal law generally bans possession of firearms within an elementary or secondary school, on school property, or within 1,000 feet of school property. The law exempts law enforcement officers acting in their official capacity, but not off-duty officers, from the ban. Thus, off-duty officers cannot legally possess firearms in these zones by virtue of their office. But like other individuals, they may possess firearms within the zone under a license exemption to the ban. This provision exempts from the ban anyone licensed by the state in which the school zone is located, or by a political subdivision of the state, if the law required the licensing authority to verify that the person is qualified to receive the license.
The law also states that it does not preempt or prevent states or local governments from enacting gun-free school zone laws. As is the case with the federal law, Connecticut's Gun-Free School Zones Act contains no exception for off-duty law enforcement officers. Authorizing an exemption for law enforcement officers, solely by virtue of their office, would conflict with federal law.
For more information, read the full report.
Big Banks’ Role in Payday Lending
A recent New York Times article discusses the role that big banks play in payday lending. Payday loans are short-term, very-high interest loans that are banned in 15 states. However, to get around this, payday lenders set up internet-based operations in other states and foreign countries such as Belize, Malta, and the West Indies. The article projects that by 2016, internet loans will make up approximately 60% of total payday loans. While major banks such as JPMorgan Chase, Bank of America, and Wells Fargo do not make payday loans, they play an integral role in operating internet-based payday lending by allowing lenders to automatically withdraw payments from borrowers’ bank accounts, even in states where the loans are banned.
The article notes that the banks’ role in processing automatic withdrawals from their customers’ accounts often results in overdrawn accounts. Specifically, 27% of payday loan borrowers state the loans cause them to overdraw their accounts, which provides banks income in the form of overdraft fees. The article suggests that banks covet this overdraft fee income due to financial regulations that have limited debit and credit card fees, which cost banks billions of dollars.
The article states that a trade group, Online Lenders Alliance, supports legislation that would grant a federal charter for payday lenders and establish one set of rules for payday lenders to follow.
The Federal Deposit Insurance Corporation and the Consumer Financial Protection Bureau are examining banks’ role in online loans.
The article notes that the banks’ role in processing automatic withdrawals from their customers’ accounts often results in overdrawn accounts. Specifically, 27% of payday loan borrowers state the loans cause them to overdraw their accounts, which provides banks income in the form of overdraft fees. The article suggests that banks covet this overdraft fee income due to financial regulations that have limited debit and credit card fees, which cost banks billions of dollars.
The article states that a trade group, Online Lenders Alliance, supports legislation that would grant a federal charter for payday lenders and establish one set of rules for payday lenders to follow.
The Federal Deposit Insurance Corporation and the Consumer Financial Protection Bureau are examining banks’ role in online loans.
March 26, 2013
$53.8 Million in 2012 Energy Efficiency Savings
The March 6, 2013 edition of HartfordBusiness.com reports that businesses and residents in the state saved $53.8 million in energy costs and avoided over 200,500 tons of carbon dioxide emissions in 2012 by participating in energy efficiency programs. The data, taken from the annual report of the Energy Efficiency Board, note that more than 4,500 businesses and municipalities and 500,000 homeowners participated in energy efficiency programs. The programs include energy audits, rebate incentives, and financing options for energy efficient equipment or practices, and training to help implement company-wide behavioral changes.
March 25, 2013
Hot Report: Right to Bear Arms under the Connecticut Constitution
OLR Report 2013-R-0195 summary of cases interpreting the state constitution's right to bear arms provision.
The Connecticut Constitution states, “Every citizen has a right to bear arms in defense of himself [or herself] and the state” (Art. I, § 15). This differs from the U.S. Constitution's 2nd Amendment which states, “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”
The Connecticut constitutional provision has not changed since it was adopted in 1818 as part of the state's first constitution. It was copied from Mississippi's 1817 constitution (Horton, Connecticut State Constitution: A Reference Guide, 1993).
Generally, Connecticut courts have upheld reasonable restrictions on the Connecticut Constitution's right to bear arms. The cases in which restrictions or regulations have been allowed include those construing the state's authority to (1) ban the sale of assault weapons, (2) limit a person's right to carry a gun under permitting statutes, and (3) limit the possession of guns by felons. A Superior Court decided the oldest and latest cases in 1979 and 2011, respectively. The State Supreme Court decided two cases in 1988 and 1995.
For more information, including summaries of the portions of these cases discussing the right to bear arms, read the full report.
The Connecticut Constitution states, “Every citizen has a right to bear arms in defense of himself [or herself] and the state” (Art. I, § 15). This differs from the U.S. Constitution's 2nd Amendment which states, “A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.”
The Connecticut constitutional provision has not changed since it was adopted in 1818 as part of the state's first constitution. It was copied from Mississippi's 1817 constitution (Horton, Connecticut State Constitution: A Reference Guide, 1993).
Generally, Connecticut courts have upheld reasonable restrictions on the Connecticut Constitution's right to bear arms. The cases in which restrictions or regulations have been allowed include those construing the state's authority to (1) ban the sale of assault weapons, (2) limit a person's right to carry a gun under permitting statutes, and (3) limit the possession of guns by felons. A Superior Court decided the oldest and latest cases in 1979 and 2011, respectively. The State Supreme Court decided two cases in 1988 and 1995.
For more information, including summaries of the portions of these cases discussing the right to bear arms, read the full report.
Supreme Court to Review Aggregate Contribution Limits
The Supreme Court recently agreed to hear a case challenging aggregate contribution limits in federal election cycles (McCutcheon v. FEC).
In addition to limiting the amount an individual may donate to each candidate, political party, or political action committee, federal law also caps the aggregate amount of such donations that an individual can make in a given election cycle. In 2013-2014, that amount is $123,200--$48,600 to candidates and $74,600 to political parties and certain PACs. If the aggregate limit is struck down, contributors would still be bound by contribution limits for each separate candidate, party, or PAC, but would be free to contribute as much money in the aggregate as they wished.
The case will be heard during the Court’s 2013-2014 term. Citing previous Supreme Court precedent, a three-judge court upheld the aggregate limits in September 2012.
In addition to limiting the amount an individual may donate to each candidate, political party, or political action committee, federal law also caps the aggregate amount of such donations that an individual can make in a given election cycle. In 2013-2014, that amount is $123,200--$48,600 to candidates and $74,600 to political parties and certain PACs. If the aggregate limit is struck down, contributors would still be bound by contribution limits for each separate candidate, party, or PAC, but would be free to contribute as much money in the aggregate as they wished.
The case will be heard during the Court’s 2013-2014 term. Citing previous Supreme Court precedent, a three-judge court upheld the aggregate limits in September 2012.
March 22, 2013
Tactical Urbanism
Some call it “tactical urbanism,” others, “pop-up cities.” By whatever name, several recent articles address creative ideas communities have come up with to brighten areas blighted by derelict commercial districts, stalled redevelopment projects, and vacant spaces left by natural disasters. In Christchurch, New Zealand, whose downtown was decimated by two recent earthquakes, small spaces are being put to temporary use while the city is being rebuilt. So far, a local developer has used grants and private donations to create garden cafes, art galleries, video arcades, and a public sauna.
The trend is also catching on in the U.S., attributed to the confluence of tough economic times; the emergence of a new kind of creative culture; stalled redevelopment projects; and the closure of urban factories and businesses. Pop-ups are a lighter, quicker, and cheaper way to bring visitors downtown than are traditional, capital-intensive megaprojects. An example of this strategy can be found close to home. Last summer, Bristol town planners created a temporary, pedestrian-friendly piazza on a vacant lot formerly home to a shopping mall. An estimated 20,000 people came to enjoy live music and tacos. Some cities have layered-in redesigned spaces, using them initially as test markets and gradually shifting them from temporary to permanent installations.
Tactical urbanism fans note the healing properties these projects can have in areas hard hit by natural disasters. After Hurricane Katrina, for example, artist Candy Chang turned vacant New Orleans buildings into community posting boards and gathering places. Similar uses might be suitable for property in Connecticut, New Jersey, and New York communities razed by Hurricane Sandy.
The trend is also catching on in the U.S., attributed to the confluence of tough economic times; the emergence of a new kind of creative culture; stalled redevelopment projects; and the closure of urban factories and businesses. Pop-ups are a lighter, quicker, and cheaper way to bring visitors downtown than are traditional, capital-intensive megaprojects. An example of this strategy can be found close to home. Last summer, Bristol town planners created a temporary, pedestrian-friendly piazza on a vacant lot formerly home to a shopping mall. An estimated 20,000 people came to enjoy live music and tacos. Some cities have layered-in redesigned spaces, using them initially as test markets and gradually shifting them from temporary to permanent installations.
Tactical urbanism fans note the healing properties these projects can have in areas hard hit by natural disasters. After Hurricane Katrina, for example, artist Candy Chang turned vacant New Orleans buildings into community posting boards and gathering places. Similar uses might be suitable for property in Connecticut, New Jersey, and New York communities razed by Hurricane Sandy.
March 21, 2013
Hot Report: State Water Use Plans
OLR Report 2013-R-0159 summarizes how Connecticut manages water allocation and recent legislation to create a state water use plan and the process Massachusetts, New Hampshire, Pennsylvania, and Rhode Island underwent to create such plans.
Connecticut manages water quantity through regulating water diversion and other various programs. Primarily, three state agencies — the Department of Energy and Environmental Protection (DEEP), Department of Public Health (DPH), and the Office of Policy and Management (OPM) — administer state water resource laws. In 2001, the legislature created a Water Planning Council (WPC) to coordinate the activities of these agencies to address issues involving water utilities, water resources, and future water supply.
The law requires DEEP, DPH, and OPM to create a statewide long-range plan for managing water resources, but such a plan has not been created. Since 2010, two bills have been introduced to create a statewide water use plan or planning process, but neither passed.
The process by which Massachusetts, New Hampshire, Pennsylvania, and Rhode Island develop water use plans or manage water resources varies. Although Massachusetts does not have a comprehensive statewide water use plan, the state has plans and programs for specific water management issues. New Hampshire has been developing a comprehensive water resources plan through the contributions of a statutory Water Resources Committee, agency actions, and a gubernatorial executive order. Pennsylvania created a statewide water use plan according to a statutorily-defined process. Rhode Island developed two complementary general water plan documents that address water deficiency and long-term planning. These states' processes generally involved some form of public input or involvement.
For more information, read the full report.
Connecticut manages water quantity through regulating water diversion and other various programs. Primarily, three state agencies — the Department of Energy and Environmental Protection (DEEP), Department of Public Health (DPH), and the Office of Policy and Management (OPM) — administer state water resource laws. In 2001, the legislature created a Water Planning Council (WPC) to coordinate the activities of these agencies to address issues involving water utilities, water resources, and future water supply.
The law requires DEEP, DPH, and OPM to create a statewide long-range plan for managing water resources, but such a plan has not been created. Since 2010, two bills have been introduced to create a statewide water use plan or planning process, but neither passed.
The process by which Massachusetts, New Hampshire, Pennsylvania, and Rhode Island develop water use plans or manage water resources varies. Although Massachusetts does not have a comprehensive statewide water use plan, the state has plans and programs for specific water management issues. New Hampshire has been developing a comprehensive water resources plan through the contributions of a statutory Water Resources Committee, agency actions, and a gubernatorial executive order. Pennsylvania created a statewide water use plan according to a statutorily-defined process. Rhode Island developed two complementary general water plan documents that address water deficiency and long-term planning. These states' processes generally involved some form of public input or involvement.
For more information, read the full report.
Study Finds People With Mental Illness More Likely to Smoke
According to a recent New York Times article, people with mental illness are 70 percent more likely to smoke cigarettes than those without mental illness. A report from the federal Centers for Disease and Prevention (CDC) and the Substance Abuse and Mental Health Services Administration found that adults with mental illness (1) smoke one-third of all cigarettes in the U.S., (2) smoke more cigarettes per month, and (3) are less likely to quit than people without mental illness.
The report found that smoking rates for people with mental illness were higher among the poor, the less educated, and residents of states with higher overall smoking rates.
While smoking rates have declined for the general population, they have remained unchanged for people with mental illness over the last decade. As a result, CDC director, Dr. Thomas Frieden, states, “Many people with mental illness are at greater risk of dying early from smoking than of dying from their mental health conditions.”
The report notes several possible reasons smoking rates remain high among this population, including tobacco industry marketing, the use of cigarettes to improve behavior in psychiatric hospitals, and the potential therapeutic effects of nicotine on certain psychiatric symptoms.
For more information, see OLR Report 2012-R-0402 on Schizophrenia and Cigarette Smoking.
The report found that smoking rates for people with mental illness were higher among the poor, the less educated, and residents of states with higher overall smoking rates.
While smoking rates have declined for the general population, they have remained unchanged for people with mental illness over the last decade. As a result, CDC director, Dr. Thomas Frieden, states, “Many people with mental illness are at greater risk of dying early from smoking than of dying from their mental health conditions.”
The report notes several possible reasons smoking rates remain high among this population, including tobacco industry marketing, the use of cigarettes to improve behavior in psychiatric hospitals, and the potential therapeutic effects of nicotine on certain psychiatric symptoms.
For more information, see OLR Report 2012-R-0402 on Schizophrenia and Cigarette Smoking.
March 20, 2013
Interested in Lowering Your Property Tax Bill?
Kelly Phillips Erb at Forbes' Taxgirl blog recently wrote about an innovative business reward program called the Property Tax Card (PTC) that allows taxpayers to earn tax credits as they shop at local businesses. The credits can be used to offset their annual property tax bills.
Taxpayers in Marlboro Township, NJ are giving the PTC program a try. When they shop at participating businesses and swipe their PTC cards, they accrue credits based on the percentage of the amount spent. Suppose, for example, that an individual presents his PTC card when paying for a dinner for four at a participating restaurant offering a 20% rebate. The $200 check earns him a $40 property tax credit (minus processing and management fees) that is credited to his next property tax bill.
The company behind the PTC program, Fincredit, Inc., markets the program as a "win-win solution for town residents, local businesses and townships." Residents enjoy a tax break, local merchants increase their business volume, and towns help support their existing business community.
Taxpayers in Marlboro Township, NJ are giving the PTC program a try. When they shop at participating businesses and swipe their PTC cards, they accrue credits based on the percentage of the amount spent. Suppose, for example, that an individual presents his PTC card when paying for a dinner for four at a participating restaurant offering a 20% rebate. The $200 check earns him a $40 property tax credit (minus processing and management fees) that is credited to his next property tax bill.
The company behind the PTC program, Fincredit, Inc., markets the program as a "win-win solution for town residents, local businesses and townships." Residents enjoy a tax break, local merchants increase their business volume, and towns help support their existing business community.
March 19, 2013
Hot Report: Statewide Motor Vehicle Property Taxes
OLR Report 2013-R-0170 identifies states imposing statewide motor vehicle property taxes.
A computer search found at least 18 states that impose statewide motor vehicle taxes or fees based on a vehicle's value, but only Kansas and Mississippi refer to the tax as a property tax. (Mississippi refers to its tax as an ad valorem tax, the term usually associated with property taxes.) All the states specify the portion of a vehicle's value subject to the tax (i.e., the assessment or base value) and the rate at which that value is taxed, but differ on whether the state or localities levy the tax and keep the revenue. Based on these differences, we divided the states into three groups:
A computer search found at least 18 states that impose statewide motor vehicle taxes or fees based on a vehicle's value, but only Kansas and Mississippi refer to the tax as a property tax. (Mississippi refers to its tax as an ad valorem tax, the term usually associated with property taxes.) All the states specify the portion of a vehicle's value subject to the tax (i.e., the assessment or base value) and the rate at which that value is taxed, but differ on whether the state or localities levy the tax and keep the revenue. Based on these differences, we divided the states into three groups:
- states where counties or municipalities levy the tax or fee at a state-determined rate and keep the revenue (Kansas, Maine, Massachusetts, Mississippi, Montana, Nebraska, Rhode Island, and Utah);
- states that levy the tax or fee and redistribute the revenue to counties and municipalities according to statutory formulae (Arizona, California, Georgia, Indiana, and Kentucky); and
- states that levy the tax or fee and keep the revenue generated (Colorado, Iowa, Michigan, Minnesota, and Nevada).
Mental Health Coverage Re-examined
President Obama has directed the federal Department of Health and Human Services to publish regulations to implement the 2008 federal Mental Health Parity and Addiction Equity Act, according to the Los Angeles Times. Under that law, health insurers must treat mental illness and substance abuse the same as medical illness. But the law only applies to health plans offered by large employers (i.e., those with more than 50 employees). The 2010 federal Patient Protection and Affordable Care Act extends mental health and substance abuse parity provisions in 2014 to plans offered by small employers and to insurance that people buy on their own (i.e., individual insurance). The Connecticut Mirror reports that advocates are optimistic that the anticipated regulations will provide more clarity on what insurance must cover.
March 18, 2013
DOL Steps Up Unemployment Fraud Recoveries
According to a recent state Department of Labor (DOL) press release, last month the department collected over $4.6 million in unemployment benefits that had fraudulently been collected by over 5,000 claimants. The funds were recovered through the Treasury Offset Program (TOP) and a state income tax intercept program. TOP, which is a partnership between the state and federal labor departments and the Internal Revenue Service, intercepts federal tax refunds from people who have not responded to DOL requests to repay unemployment benefits to which they were not entitled. The state income tax program is a partnership between DOL, and the departments of revenue services and social services. DOL estimates that the two programs will collect about $8 million in 2013.
March 15, 2013
Collaboration Beats Competition: Did Charles Darwin and Andrew Carnegie Get it Wrong?
A popular 1990s business magazine ad shows a businessperson holding a sign declaring, "Collaborate or Die," a message that seems at odds with the free market and virtues of competition. As the great American industrialist, Andrew Carnegie, put it: “While the law [of competition] may be sometimes hard for the individual, it is best for the race, because it insures the survival of the fittest in every department. We accept and welcome, therefore, as conditions to which we must accommodate ourselves, great inequality of environment, the concentration of business, industrial and commercial, in the hands of a few, and the law of competition between these, as being not only beneficial, but essential for the future progress of the race.”
In saying that competition ensures the survival of the fittest and the future progress of the race, Carnegie was superimposing Charles Darwin's theory of evolution on economic development. But what if Darwin got it wrong or only partially right? Harvard biology and mathematics professor, Martin Nowak, created quite a stir in 2010 when he presented research showing that the survival of a species depends on its members’ ability to cooperate. Writing about Nowak's theory in Discovery Magazine, Kristin Ohlson wrote, "In Nowark's reframing of Darwin's theory, altruism emerged simply because it gave some individuals an edge in the struggle to survive."
If human tendency to collaborate is as strong as the tendency to compete, then the internet may be a channel for collaborative business relationships. In Makers, author Chris Anderson described how an entrepreneur with a design for a desktop jellyfish tank found money and a community for his idea by pitching it on Kickstarter, a website allowing people with common interests or passions to connect.
Kickstarter and other crowdfunding sources allow different forms of transactions. They help entrepreneurs raise money by turning contributors into future customers. In the process, they create a community where the entrepreneur provides regular progress reports and engages members in designing the product. "This encourages a sense of participation in the project and turns backers into word-of-mouth evangelists, which helps the projects go viral."
March 14, 2013
Results From New Solar Program
A recent Hartford Business article reports that Clean Energy Finance and Investment Authority's (CEFIA) “Solarize Connecticut” program has doubled the adoption of residential solar installations in its four pilot towns during the program’s first five months.
The program seeks to encourage residential solar purchases by having entire towns sign onto the program, lowering installation costs through their collective buying power.
Residents in the four pilot towns – Durham, Fairfield, Portland, and Westport – signed nearly 300 contracts totaling 2.3 megawatts. This represents over double the total signups in these communities over the past seven.
Because of the large number of signups, the state will start the pilot program’s second phase in March with Bridgeport, Canton, Coventry, Mansfield, and Windham.
The program seeks to encourage residential solar purchases by having entire towns sign onto the program, lowering installation costs through their collective buying power.
Residents in the four pilot towns – Durham, Fairfield, Portland, and Westport – signed nearly 300 contracts totaling 2.3 megawatts. This represents over double the total signups in these communities over the past seven.
Because of the large number of signups, the state will start the pilot program’s second phase in March with Bridgeport, Canton, Coventry, Mansfield, and Windham.
March 13, 2013
Hot Report: Case Statistics for Firearms-Related Offenses
OLR Report 2013-R-0174 gives case statistics for firearms-related offenses. This report updates OLR Report 2007-R-0442.
Using information provided by the Judicial Branch to the Office of Fiscal Analysis, we (1) identified 50 firearms-related offenses and (2) compiled statistics on these offenses for the last five fiscal years (2008 to 2012). With one exception, we did not include hunting offenses.
These 50 offenses range from permitting violations to committing manslaughter with a firearm. The total number of charges for these offenses ranges from a low of 4,326 in fiscal year (FY) 2012 to a high of 5,119 in FY 08.
For individual offenses, the number of charges varies greatly over this five year period. There are very few charges for some offenses, such as failing to surrender a revoked pistol permit (two charges in FY 08 and one charge each in FY 09 and FY 10). For some offenses, such as carrying a pistol without a permit, there are a large number of charges in each year. This offense saw a high of 681 charges in FY 08.
For more information, including detailed statistics, read the full report.
Using information provided by the Judicial Branch to the Office of Fiscal Analysis, we (1) identified 50 firearms-related offenses and (2) compiled statistics on these offenses for the last five fiscal years (2008 to 2012). With one exception, we did not include hunting offenses.
These 50 offenses range from permitting violations to committing manslaughter with a firearm. The total number of charges for these offenses ranges from a low of 4,326 in fiscal year (FY) 2012 to a high of 5,119 in FY 08.
For individual offenses, the number of charges varies greatly over this five year period. There are very few charges for some offenses, such as failing to surrender a revoked pistol permit (two charges in FY 08 and one charge each in FY 09 and FY 10). For some offenses, such as carrying a pistol without a permit, there are a large number of charges in each year. This offense saw a high of 681 charges in FY 08.
For more information, including detailed statistics, read the full report.
Massachusetts Child Welfare Suit Goes to Trial
The trial of a 2010 class action lawsuit charging Massachusetts' child welfare agency (the Department of Children and Families" ("DCF")) with failing to protect the state's abused and neglected children has begun in a Boston federal district court (Connor B., et al. v. Patrick). The lawsuit alleges that 50% of the children who have been in state custody for two or more years have suffered more abuse and neglect while under its care.
Among other things, plaintiffs will present evidence that the agency, which ranks among the nation's worst in insuring children are placed in safe and stable foster placements, routinely fails to follow its own policies or meet its performance targets.
It is unusual for class actions raising these claims to go to trial. Most often they end by agreement of the parties and a court's entry of a complex consent agreement. For example, Connecticut's child welfare agency has been struggling unsuccessfully to comply with the Juan F. consent decree for several decades.
Among other things, plaintiffs will present evidence that the agency, which ranks among the nation's worst in insuring children are placed in safe and stable foster placements, routinely fails to follow its own policies or meet its performance targets.
Reports issued by independent experts have documented agency deficiencies, including;
- failing to meet with foster children monthly or to insure that placements are safe and stable;
- inadequately monitoring, supervising, and assessing the performance of private child placement agencies or group homes to which it sends approximately 60% of the children in its care;
- shuffling children among foster homes at extremely high rates;
- failing to give priority to finding permanent homes for foster children;
- failing to prevent children who they have returned home from being subjected to further abuse and neglect; and
- overprescribing psychotropic medication and failing to monitor its effects.
It is unusual for class actions raising these claims to go to trial. Most often they end by agreement of the parties and a court's entry of a complex consent agreement. For example, Connecticut's child welfare agency has been struggling unsuccessfully to comply with the Juan F. consent decree for several decades.
March 12, 2013
Can You Patent a Human Gene?
That is a question the U.S. Supreme Court will probably address this term (Ass’n for Molecular Pathology v. Myriad Genetics, Docket No. 12-398). Long-time Supreme Court watcher and reporter Lyle Denniston says the ruling could have broad implications for scientific research, but also for doctors’ treatment of some serious diseases.
Many women seek genetic testing to see if they have mutations in their genes that are associated with a significantly increased risk of breast or ovarian cancer. Myriad involves two human genes, BRCA-1 and -2, which are known to have genetic mutations that suggest a much higher risk of cancer (85%) in women. Health care professionals claim they need to know if a patient’s DNA contains any of these mutations when making clinical decisions. But Myriad, a private lab that also does genetic screening, has denied them access to BRCA-1 and -2, claiming that patents it obtained for a new process of screening them for mutations (“isolating”) give it exclusive ownership rights to the genes and all of their mutations.
The health care organizations challenging the patents’ validity argue that the lab’s claim is simply an attempt to "establish a monopoly over natural phenomena” and thus not subject to patent protection. The lab defends its ownership rights, claiming that its isolating process is a “product of human ingenuity” that is unique, with a distinctive name; character; and use.
Myriad’s patents have been upheld twice by the U.S. Court of Appeals for the Federal Circuit, the specialized appeals court for patent disputes.
Many women seek genetic testing to see if they have mutations in their genes that are associated with a significantly increased risk of breast or ovarian cancer. Myriad involves two human genes, BRCA-1 and -2, which are known to have genetic mutations that suggest a much higher risk of cancer (85%) in women. Health care professionals claim they need to know if a patient’s DNA contains any of these mutations when making clinical decisions. But Myriad, a private lab that also does genetic screening, has denied them access to BRCA-1 and -2, claiming that patents it obtained for a new process of screening them for mutations (“isolating”) give it exclusive ownership rights to the genes and all of their mutations.
The health care organizations challenging the patents’ validity argue that the lab’s claim is simply an attempt to "establish a monopoly over natural phenomena” and thus not subject to patent protection. The lab defends its ownership rights, claiming that its isolating process is a “product of human ingenuity” that is unique, with a distinctive name; character; and use.
Myriad’s patents have been upheld twice by the U.S. Court of Appeals for the Federal Circuit, the specialized appeals court for patent disputes.
March 11, 2013
Hot Report: Hydraulic Fracturing
OLR Report 2013-R-0176 provides information on hydraulic fracturing, including (1) how it lowers natural gas prices, (2) how it affects the nation's energy independence, (3) which states have benefitted from the practice, and (4) the environmental concerns.
Over the past several years, hydraulic fracturing (“fracking”) and horizontal drilling have greatly increased domestic natural gas and oil production by allowing wells to reach previously inaccessible natural resources. Domestic natural gas production has increased 19% since 2007, leading to a roughly 50% decline in gas prices. This increased gas and oil production has also led some to predict that the nation could achieve “energy independence” sometime in the next decade, although others argue that such predictions are overly optimistic.
How individual states have benefited from fracking depends largely on the amount of shale gas or oil in the state, the proliferation of the new techniques, and the state's tax and regulatory system. According to a study funded by the American Petroleum Institute, Texas, which contains the oil producing Barnett shale formation, collected over $10 billion in state and local tax revenue from unconventional (fracking related) oil and gas activity in 2012. Pennsylvania, which contains portions of the gas producing Marcellus shale basin, collected over $1.2 billion in similar state and local tax revenue last year.
Alongside its apparent benefits, fracking has raised several environmental concerns, particularly related to water contamination and usage. The U.S. Environmental Protection Agency (EPA) and several states are currently studying the practice's implications.
For more information, read the full report.
Over the past several years, hydraulic fracturing (“fracking”) and horizontal drilling have greatly increased domestic natural gas and oil production by allowing wells to reach previously inaccessible natural resources. Domestic natural gas production has increased 19% since 2007, leading to a roughly 50% decline in gas prices. This increased gas and oil production has also led some to predict that the nation could achieve “energy independence” sometime in the next decade, although others argue that such predictions are overly optimistic.
How individual states have benefited from fracking depends largely on the amount of shale gas or oil in the state, the proliferation of the new techniques, and the state's tax and regulatory system. According to a study funded by the American Petroleum Institute, Texas, which contains the oil producing Barnett shale formation, collected over $10 billion in state and local tax revenue from unconventional (fracking related) oil and gas activity in 2012. Pennsylvania, which contains portions of the gas producing Marcellus shale basin, collected over $1.2 billion in similar state and local tax revenue last year.
Alongside its apparent benefits, fracking has raised several environmental concerns, particularly related to water contamination and usage. The U.S. Environmental Protection Agency (EPA) and several states are currently studying the practice's implications.
For more information, read the full report.
Sunday Alcohol Sales have Mixed Results
According to a recent Hartford Courant article, Sunday alcohol sales have generally been beneficial to supermarkets, but not package stores.
Supermarket beer sales are reportedly up about 8% statewide, with beer sales up approximately 20% for stores near the border.
The Package Store Association states its stores have not seen this type of increase. These stores have not had any substantial profits and have just broken even since Sunday alcohol sales were allowed.
Supermarket beer sales are reportedly up about 8% statewide, with beer sales up approximately 20% for stores near the border.
The Package Store Association states its stores have not seen this type of increase. These stores have not had any substantial profits and have just broken even since Sunday alcohol sales were allowed.
March 8, 2013
Gimme No Shelter: A Housing Policy Paradox
The nation's 636,000 homeless people include many who refuse to stay in homeless shelters or use other services to help them find permanent housing. Well, c'est la vie, no?
No, at least not according a recent Journal of Housing and Community Development article (available in the Legislative Library). Chronically homeless people who refuse shelter and other services eventually use other more costly services, such as ambulance, hospital, emergency room, police, jail, judicial, fire department, and code compliance. To back up their claims, the authors cite research from Canada showing "that planned costs for quality housing and service delivery to the homeless save the taxpayer about 54 cents on the dollars."
This outcome is an example of a "policy paradox," a term political scientist Deborah Stone coined to describe situations that challenge economists' rational, quantitative models designed to give bottom line costs and benefits of competing policy options. These models, according to Stone, often miss the fact that in the real world, cold hard numbers often give way to conflicting interests, political compromises, and goals other than efficiency.
Author Malcolm Gladwell spotlighted those conflicting interests, compromises, and goals in his 2006 New Yorker article, "Million Dollar Murray: Why Problems Like Homelessness May be Easier to Solve Than Manage." Murray was chronically alcoholic and homeless, and when the Reno police officers who, for 10 years delivered him to the city's hospitals, tallied Murray's medical bills, they discovered that it "cost us one million not to do something about Murray." But that's only part of the story. The other part is that Murray did well when he was in treatment, holding down a job and saving money. But when the treatment ended, he was back on the street.
Murray's experience suggests that permanently housing chronically homeless people with disabilities in supervised apartments avoids repeated visits to hospital emergency rooms and rehabilitation centers. "From an economic perspective, the approach makes perfect sense. But from a moral perspective it doesn't seem fair." There are thousands of people who work two or three jobs to make ends meet and "no one offers them the key to a new apartment," Gladwell wrote.
Placing people like Murray in long-term supportive housing has little appeal to conservatives and liberals, according to Gladwell. It doesn't appeal to the former because it involves "special treatment for people who do not deserve special treatment." Nor does it appeal to latter because it emphasizes efficiency over fairness, which smacks of the "cold number-crunching of Chicago-school cost-benefit analysis."
No, at least not according a recent Journal of Housing and Community Development article (available in the Legislative Library). Chronically homeless people who refuse shelter and other services eventually use other more costly services, such as ambulance, hospital, emergency room, police, jail, judicial, fire department, and code compliance. To back up their claims, the authors cite research from Canada showing "that planned costs for quality housing and service delivery to the homeless save the taxpayer about 54 cents on the dollars."
This outcome is an example of a "policy paradox," a term political scientist Deborah Stone coined to describe situations that challenge economists' rational, quantitative models designed to give bottom line costs and benefits of competing policy options. These models, according to Stone, often miss the fact that in the real world, cold hard numbers often give way to conflicting interests, political compromises, and goals other than efficiency.
Author Malcolm Gladwell spotlighted those conflicting interests, compromises, and goals in his 2006 New Yorker article, "Million Dollar Murray: Why Problems Like Homelessness May be Easier to Solve Than Manage." Murray was chronically alcoholic and homeless, and when the Reno police officers who, for 10 years delivered him to the city's hospitals, tallied Murray's medical bills, they discovered that it "cost us one million not to do something about Murray." But that's only part of the story. The other part is that Murray did well when he was in treatment, holding down a job and saving money. But when the treatment ended, he was back on the street.
Murray's experience suggests that permanently housing chronically homeless people with disabilities in supervised apartments avoids repeated visits to hospital emergency rooms and rehabilitation centers. "From an economic perspective, the approach makes perfect sense. But from a moral perspective it doesn't seem fair." There are thousands of people who work two or three jobs to make ends meet and "no one offers them the key to a new apartment," Gladwell wrote.
Placing people like Murray in long-term supportive housing has little appeal to conservatives and liberals, according to Gladwell. It doesn't appeal to the former because it involves "special treatment for people who do not deserve special treatment." Nor does it appeal to latter because it emphasizes efficiency over fairness, which smacks of the "cold number-crunching of Chicago-school cost-benefit analysis."
March 7, 2013
Hot Report: Drug Testing of Public Assistance Recipients
OLR Report 2013-R-0100 examines which states require people applying for or receiving public assistance to be tested for illegal drugs.
According to the National Conference of Legislatures (NCSL), none of our neighboring states requires people applying for or receiving public assistance (typically Temporary Assistance for Needy Families (TANF)) to undergo mandatory testing for illicit drug use as a condition of receiving assistance. To date, seven states have enacted such laws. These are Arizona (2011), Florida (2011), Georgia (2012), Missouri (2011), Oklahoma (2012), Tennessee (2012), and Utah (2012).
The Florida law's suspicionless drug testing was challenged as an unreasonable search from which, the plaintiffs argued, the Fourth Amendment of the U.S. Constitution offers protections, and on February 25, 2013, a U.S. Appeals Court agreed with the lower court in striking the law down (Lebron v. Secretary, Florida Department of Children and Families, C.A. 11, Docket No. 6:11-cv-01473-MSS-DAB (2013)). NCSL is not aware of any other legal challenges to these laws, but Georgia's governor delayed implementing his state's law pending the court decision on Florida's law.
In the current legislative season, numerous state legislatures, including Connecticut, New Hampshire, New Jersey, and New York are considering bills that would institute such a requirement.
For more information, read the full report.
According to the National Conference of Legislatures (NCSL), none of our neighboring states requires people applying for or receiving public assistance (typically Temporary Assistance for Needy Families (TANF)) to undergo mandatory testing for illicit drug use as a condition of receiving assistance. To date, seven states have enacted such laws. These are Arizona (2011), Florida (2011), Georgia (2012), Missouri (2011), Oklahoma (2012), Tennessee (2012), and Utah (2012).
The Florida law's suspicionless drug testing was challenged as an unreasonable search from which, the plaintiffs argued, the Fourth Amendment of the U.S. Constitution offers protections, and on February 25, 2013, a U.S. Appeals Court agreed with the lower court in striking the law down (Lebron v. Secretary, Florida Department of Children and Families, C.A. 11, Docket No. 6:11-cv-01473-MSS-DAB (2013)). NCSL is not aware of any other legal challenges to these laws, but Georgia's governor delayed implementing his state's law pending the court decision on Florida's law.
In the current legislative season, numerous state legislatures, including Connecticut, New Hampshire, New Jersey, and New York are considering bills that would institute such a requirement.
For more information, read the full report.
Easing Veterans’ Transition to High-Demand Civilian Jobs
Current federal estimates show significantly more post-9/11 veterans are jobless than are non-veterans of comparable ages. The rate is highest for those ages 18 to 24 --30.2% compared with 16.1% of non-veterans. The U.S. defense and labor departments have concluded that veterans who performed highly skilled tasks in the military are being held back because they do not have the professional credentials required to qualify for similar civilian jobs.
Many of these skills overlap those required of workers in high demand fields like healthcare, information technology, logistics, manufacturing, and transportation. For example, medics have extensive experience administering care in high pressure situations and have performed many of the same functions as registered nurses. But nurses typically must have completed an approved nursing program and passed the National Council Licensure Examination for Registered Nurses.
The DoD and individual military branches have developed initiatives that simplify credentialing processes for current and former service members. Over the next year, the department’s Military Credentialing and Licensing Task Force is charged with (1) coming up with a list of military occupational codes that require job skills similar to those for high-demand civilian occupations, (2) working with credentialing bodies to address gaps between military training programs and credentialing requirements, (3) giving service members information about credentialing and licensing options, and (4) facilitating the administration of credentialing and licensing exams.
The task force’s first focus will be on developing private sector partnerships to enable 126,000 soldiers to obtain credentials and occupational licenses for jobs in engineering, logistics, machining, maintenance, and welding as soon as they complete their military training.
Many of these skills overlap those required of workers in high demand fields like healthcare, information technology, logistics, manufacturing, and transportation. For example, medics have extensive experience administering care in high pressure situations and have performed many of the same functions as registered nurses. But nurses typically must have completed an approved nursing program and passed the National Council Licensure Examination for Registered Nurses.
The DoD and individual military branches have developed initiatives that simplify credentialing processes for current and former service members. Over the next year, the department’s Military Credentialing and Licensing Task Force is charged with (1) coming up with a list of military occupational codes that require job skills similar to those for high-demand civilian occupations, (2) working with credentialing bodies to address gaps between military training programs and credentialing requirements, (3) giving service members information about credentialing and licensing options, and (4) facilitating the administration of credentialing and licensing exams.
The task force’s first focus will be on developing private sector partnerships to enable 126,000 soldiers to obtain credentials and occupational licenses for jobs in engineering, logistics, machining, maintenance, and welding as soon as they complete their military training.
March 6, 2013
Rolls Royce Recall
Famed automaker Rolls Royce notified the National Highway Traffic Safety Administration (NHTSA) in February that it was recalling “approximately” 27 of its 2013 Phantom models because they posed a possible fire hazard, according to the New York Times.
Rolls Royce, now owned by German automaker BMW, said a supplier provided the company with some fuel filler necks that were missing a device that, among other things, prevents filling the gas tank with the wrong fuel type.
Seven of the recalled vehicles were already sold, while 20 were “under the care” of dealers, Rolls Royce said. The company said it discovered the problem internally through its regular quality control process, and that it had not received any reports of accidents or injuries caused by the faulty filler necks.
A new Phantom sells for about $380,000, according to the website of a New York City dealer.
Rolls Royce, now owned by German automaker BMW, said a supplier provided the company with some fuel filler necks that were missing a device that, among other things, prevents filling the gas tank with the wrong fuel type.
Seven of the recalled vehicles were already sold, while 20 were “under the care” of dealers, Rolls Royce said. The company said it discovered the problem internally through its regular quality control process, and that it had not received any reports of accidents or injuries caused by the faulty filler necks.
A new Phantom sells for about $380,000, according to the website of a New York City dealer.
March 5, 2013
It’s National Consumer Protection Week
March 3rd to the 9th is National Consumer Protection Week, a campaign coordinated among hundreds of organizations across the country that encourages consumers to take full advantage of their consumer rights and make more informed decisions.
This year’s event focuses on several areas of consumer activity, providing information on banking, technology, investing, credit and debt, and identity theft. This information is timely and practical, with tips to help consumers avoid scams, unfair lending practices, and defective products. Event partners have posted links to social media and applications (“apps”) that keep consumers up to date on their rights.
The Federal Trade Commission has partnered with other event organizations to host a special online consumer protection question and answer session. By posting questions to the Twitter hashtag #NCPW on Wednesday, March 6 from 2 p.m. to 3 p.m. EST, consumers can have their personal questions answered and connect to helpful government resources.
The state Department of Consumer Protection is participating in this event and presenting a new website that aims to inform residents of consumer issues affecting them at every age and stage of life.
This year’s event focuses on several areas of consumer activity, providing information on banking, technology, investing, credit and debt, and identity theft. This information is timely and practical, with tips to help consumers avoid scams, unfair lending practices, and defective products. Event partners have posted links to social media and applications (“apps”) that keep consumers up to date on their rights.
The Federal Trade Commission has partnered with other event organizations to host a special online consumer protection question and answer session. By posting questions to the Twitter hashtag #NCPW on Wednesday, March 6 from 2 p.m. to 3 p.m. EST, consumers can have their personal questions answered and connect to helpful government resources.
The state Department of Consumer Protection is participating in this event and presenting a new website that aims to inform residents of consumer issues affecting them at every age and stage of life.
Hot Report: Statute of Limitations in Child Sexual Abuse Cases
OLR Report 2013-R-0162 provides information about the criminal and civil statutes of limitations for child sexual abuse, specifically regarding abuse that occurred in 1971.
The criminal statute of limitations has likely run out for sexual abuse occurring in 1971. At that time, the general statute of limitations for felonies was five years. In 1976, the General Assembly passed a law specifying that there was no limitation for prosecuting Class A felonies, and the Connecticut Supreme Court later held that this applied to prior crimes for which the statute of limitations had not already expired when the 1976 law took effect. However, sexual assault was not a Class A felony in 1971, so this extension of time to prosecute Class A felonies would not apply to sexual abuse from that year.
As explained in the full report, current law provides a longer criminal statute of limitations for childhood sexual abuse. However, these longer limitation periods do not apply to crimes from 1971, as the most recent amendment to this law in 2002 specified that it only applied prospectively.
Another law provides that there is no statute of limitations for certain sexual offenses (not just those with minors as victims) if (1) the victim reports the crime within five years of the date it is committed and (2) DNA is used to identify the offender. Yet it does not appear that this law could be used to prosecute a sexual assault crime from 1971, as the statute of limitations for such crimes had expired before this law took effect.
The civil statute of limitations generally gives victims of sexual abuse, sexual assault, or sexual exploitation 30 years after they reach age 18 to file a personal injury action based on the crime. However, there is no limitation on bringing a personal injury action to recover damages caused by sexual assault when the party legally at fault for the injury is convicted of first-degree sexual assault or first-degree aggravated sexual assault for such action.
It is also important to note that statutes of limitations can be suspended in certain situations, thus giving a person additional time to file a lawsuit or the state additional time to prosecute a case. For example, the statute can be suspended in civil cases if the liable party fraudulently concealed the existence of the cause of action from the victim.
For more information, read the full report.
The criminal statute of limitations has likely run out for sexual abuse occurring in 1971. At that time, the general statute of limitations for felonies was five years. In 1976, the General Assembly passed a law specifying that there was no limitation for prosecuting Class A felonies, and the Connecticut Supreme Court later held that this applied to prior crimes for which the statute of limitations had not already expired when the 1976 law took effect. However, sexual assault was not a Class A felony in 1971, so this extension of time to prosecute Class A felonies would not apply to sexual abuse from that year.
As explained in the full report, current law provides a longer criminal statute of limitations for childhood sexual abuse. However, these longer limitation periods do not apply to crimes from 1971, as the most recent amendment to this law in 2002 specified that it only applied prospectively.
Another law provides that there is no statute of limitations for certain sexual offenses (not just those with minors as victims) if (1) the victim reports the crime within five years of the date it is committed and (2) DNA is used to identify the offender. Yet it does not appear that this law could be used to prosecute a sexual assault crime from 1971, as the statute of limitations for such crimes had expired before this law took effect.
The civil statute of limitations generally gives victims of sexual abuse, sexual assault, or sexual exploitation 30 years after they reach age 18 to file a personal injury action based on the crime. However, there is no limitation on bringing a personal injury action to recover damages caused by sexual assault when the party legally at fault for the injury is convicted of first-degree sexual assault or first-degree aggravated sexual assault for such action.
It is also important to note that statutes of limitations can be suspended in certain situations, thus giving a person additional time to file a lawsuit or the state additional time to prosecute a case. For example, the statute can be suspended in civil cases if the liable party fraudulently concealed the existence of the cause of action from the victim.
For more information, read the full report.
States Re-Examine Forced Retirement of Judges
Stateline takes a new look at state constitutions and laws mandating judges to step down when they reach a certain age, usually between ages 70 and 75. The authors report that 33 states and the District of Columbia set mandatory retirement ages, but 10 of them are re-examining their policies.
Those advocating for raising the retirement age, or eliminating it altogether, point to increased life expectancies; too much turnover on the bench; and the fact that federal judges are appointed for life. Countering the argument that some older judges will remain on the bench too long, they contend that there are more judges who are able to serve beyond cutoff ages.
Six Pennsylvania state judges have sued the governor, claiming that any cutoff age is arbitrary and legally suspect. Like Connecticut, that state’s constitution mandates that judges step down at age 70.
Those advocating for raising the retirement age, or eliminating it altogether, point to increased life expectancies; too much turnover on the bench; and the fact that federal judges are appointed for life. Countering the argument that some older judges will remain on the bench too long, they contend that there are more judges who are able to serve beyond cutoff ages.
Six Pennsylvania state judges have sued the governor, claiming that any cutoff age is arbitrary and legally suspect. Like Connecticut, that state’s constitution mandates that judges step down at age 70.
March 4, 2013
School Polling Places: A Safety Risk?
The National Conference of State Legislatures (NCSL) recently spotlighted a legislative trend that possibly stems from the Sandy Hook tragedy: bills regulating the use of schools as polling places. In 2013, bills have proposed the following:
NCSL notes that since school-based precincts are prevalent in many states, the impact of such legislation, if passed, could be significant. Schools provide taxpayers a free space for elections. A ban on their use would require local election officials to dedicate considerable time and money to find suitable replacement locations. Instituting new polling places town- or city-wide could result in vast confusion.
At the very least, it is worth considering how school security plans may be compromised when groups of citizens enter school grounds to exercise their voting rights and fulfill their civic duty. Many districts and state legislators are scrambling to fortify school security in the post-Sandy Hook world, but districts that fail to consider this public event when designing their security plans might be unknowingly leaving a gaping vulnerability exposed.
- prohibiting schools from being used as polling places (Indiana HB 1244, Virginia HB 2204),
- allowing a school to be used as a polling place only if the school’s governing body adopts such a policy (Indiana HB 1156),
- permitting school closure on Election Day (New York AB 2036, 662), and
- prohibiting high-level sex offenders from voting at schools, but allowing them an absentee ballot (New York AB 3037).
NCSL notes that since school-based precincts are prevalent in many states, the impact of such legislation, if passed, could be significant. Schools provide taxpayers a free space for elections. A ban on their use would require local election officials to dedicate considerable time and money to find suitable replacement locations. Instituting new polling places town- or city-wide could result in vast confusion.
At the very least, it is worth considering how school security plans may be compromised when groups of citizens enter school grounds to exercise their voting rights and fulfill their civic duty. Many districts and state legislators are scrambling to fortify school security in the post-Sandy Hook world, but districts that fail to consider this public event when designing their security plans might be unknowingly leaving a gaping vulnerability exposed.
Vienna’s Dignified Subsidized Housing
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An affordable development from 1930
photo: governing.com |
Although older units were municipal projects, since the 1980s the private sector has played a more prominent role. New units are constructed on land purchased by the city, but developed by private firms who compete for the contract. Proposals are judged on more than just economics (construction costs about $200 per square foot). Cost is just one of four equally weighted factors, which include architectural design, environmental performance, and social sustainability. As a result, Vienna is home to some of the world’s most innovative public housing.
Mixed-income communities are created by varying the subsidy amount provided to tenants. In addition, tenants may continue to rent city-owned units even after they exceed income restrictions imposed on new applicants. This model allows Viennese housing projects to avoid the ghettoization that plagues many public housing projects.
March 1, 2013
Underemployed College Graduates
A controversial report from the Center for College Affordability and Productivity, which describes itself as “dedicated to researching the rising costs and stagnant efficiency in higher education” criticizes political leaders, prominent foundations, and college officials’ notions that the U.S. must increase the proportion of adults with college degrees in order for the country to remain competitive in the global economy. The authors disagree with the policy-makers’ beliefs in a “simple, direct relationship between the amount of education in a society and its future growth rate, particularly with respect to employment prospects for the young that are commensurate with their educational achievements.”
Instead, they maintain that while many do benefit from having college degrees, a meaningful number are underemployed – either not working, working only part-time, or working in positions that historically have been filled by those with relatively little education. They point to the following as evidence of current underemployment rates and worsening prospects:
- about 48% of employed college graduates are in jobs that the U.S. Bureau of Labor Statistics classifies as requiring less than a four-year college education and 37% are in occupations requiring no more than a high school diploma;
- comparing average college and high-school earnings is highly misleading as a guide for vocational success, given high college-dropout rates and the fact that overproduction of college graduates lowers recent graduate earnings relative to those who graduated earlier; and
- past and projected future growth in college enrollments and the number of graduates exceeds the actual or projected growth in high-skilled jobs.
Finally, they suggest that rising college costs and perceived declines in the economic benefits associated with degrees may well lead to declining
enrollments and market share for traditional schools and the development of new
methods of certifying occupation competence.
Hot Report: Summary of the Governor's Alcohol Pricing Bill
OLR Report 2013-R-0150 summarizes the Governor's bill: An Act Concerning Fair Alcohol Pricing (HB 6361).
This bill allows package stores to sell liquor and wine at a lower price, by allowing them to sell at their actual acquisition cost, rather than the wholesaler's posted bottle price plus delivery costs, as under current law. The acquisition cost is always lower than the posted bottle price. The bill does not affect minimum pricing for beer.
Liquor and wine pricing vary greatly. The percentage difference between bottle price and the actual cost varies from brand-to-brand and month-to-month. Even the same brand's percentages vary depending on the month or bottle size.
For more information, read the full report.
This bill allows package stores to sell liquor and wine at a lower price, by allowing them to sell at their actual acquisition cost, rather than the wholesaler's posted bottle price plus delivery costs, as under current law. The acquisition cost is always lower than the posted bottle price. The bill does not affect minimum pricing for beer.
Liquor and wine pricing vary greatly. The percentage difference between bottle price and the actual cost varies from brand-to-brand and month-to-month. Even the same brand's percentages vary depending on the month or bottle size.
For more information, read the full report.
Is Connecticut Ready for the Next Disaster?
Maybe not, according to a recently released report by Trust for America’s Health and the Robert Wood Johnson Foundation entitled Ready or Not? Protecting the Public’s from Diseases, Disasters, and Bioterrorism. The 10th annual report evaluates states’ preparedness for different emergencies based on 10 benchmarks. Only five states met eight of the 10 benchmarks: Maryland, Mississippi, North Carolina, Vermont, and Wisconsin. Connecticut met six of the benchmarks. According to the report, state and federal budget cuts over the last several years have resulted in low preparedness scores.
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