There’s No Place Like (A Stranger’s) Home

It is becoming increasingly popular for vacationers to use websites like Airbnb, FlipKey, and HomeAway to find accommodations in someone else’s home.  These websites allow travelers to connect with private homeowners and contract to rent a room or their entire home for several days or weeks.  While these short-term rentals may qualify as lodging facilities under existing statutory definitions, many state and municipal authorities do not enforce applicable laws.

But some lawmakers and hospitality and tourism industry members wonder whether regulators should take these casual rental arrangements more seriously.  A recent Pew article and a National Association of Realtors white paper cite several questions that lawmakers may face in the future:

• What impact do these rentals have on residential neighborhoods and how can negative impacts be mitigated (e.g., property value, noise, parking)?
• Should guests be charged the hotel occupancy tax?
• Should rentals be inspected and licensed for renter safety and fairer competition with licensed lodging?
• Will regulation significantly disrupt tourism?
• How will nonconforming uses be treated?  

Supreme Court Rejects Arizona’s Proof of Citizenship Requirement for Voter Registration

In a 7-2 decision, the U.S. Supreme Court struck down an Arizona law that required people to prove their U.S. citizenship when registering to vote in federal elections. The Court held that the state’s law is preempted by federal law.

The National Voter Registration Act (NVRA) requires states to accept and use a uniform federal form for registering voters for federal elections. The form, developed by the Election Assistance Commission (EAC), requires applicants to affirm, under penalty of perjury, that they are U.S. citizens, but does not require them to prove their citizenship. In 2004, Arizona passed a ballot proposition that contained a proof of citizenship requirement.

In striking down the state law, the Court noted that the U.S. Constitution’s Elections Clause allows Congress to preempt state laws concerning the times, places, and manner of holding federal elections and that NVRA’s requirement to accept the federal form is protected by the Elections Clause. The Court further noted that federal law allows states to seek (1) permission from the EAC to add state-specific requirements to the form and (2) file a lawsuit under the Administrative Procedure Act (APA) if the EAC denies permission. Although Arizona sought but failed to receive permission for its additional requirements from the EAC, the Court stated that Arizona was not prohibited from seeking permission again or filing a lawsuit under the APA.

Border Tax War Pits Kansas against Missouri

What should a state do when its neighbor adopts a tax reform policy that may not be fiscally sound?  That’s the question facing Missouri legislators who are witnessing businesses being lured across the border to take advantage of Kansas’ recently-implemented tax reform plan.  Reforms include reduced individual income taxes, increased standard deductions, and income tax exemptions for about 191,000 partnerships, sole proprietorships, and other businesses.

To stanch the flow of fleeing businesses, Missouri legislators have come up with their own plan to shave hundreds of millions off business and individual income tax bills.  The cuts would be partially offset by a phased-in 0.5% increase in the sales tax and joining the multi-state compact that collects sales taxes for online sales. 

Critics of the Missouri plan argue that the state should sit tight and see if Kansas decides “it wasn’t such a good fiscal policy to decimate its revenue.”  This strategy may have merit:  the budget shortfall associated with the reform package has prompted Kansas Governor Sam Brownback to propose eliminating the homeowner mortgage interest and property tax deductions and cancelling the scheduled expiration of a temporary sales tax increase.

Hot Report: Urgent Care Centers

OLR Report 2013-R-0263 summarizes how other states define or regulate urgent care, particularly regarding urgent care centers.

There are few statutory definitions of urgent care in the context of urgent care centers. In general, the definitions describe urgent care as an intermediate level of care that is available without an appointment for conditions that are acute but not life-threatening.

Arizona requires a license for urgent care centers. Some states (such as Florida) license urgent care centers under a more general licensure category in some circumstances. The majority of states do not license urgent care centers (but the individual providers must be licensed).

Some states have other laws and requirements regarding urgent care centers. For example, a few states, including Delaware and New Hampshire, restrict how urgent care centers can be named or marketed. For another example, Florida generally requires urgent care centers to publish and post a schedule of charges for the medical services they offer.

Urgent care centers may undertake voluntary accreditation through national organizations such as the American Academy of Urgent Care Medicine (AAUCM) or the Joint Commission (formerly the Joint Commission on Accreditation of Healthcare Organizations or JCAHO).

Below, this report summarizes examples of state definitions or requirements regarding urgent care or urgent care centers. The report does not discuss requirements in some states for freestanding emergency centers (which typically provide care for more acute conditions than urgent care centers). It also does not discuss definitions related to urgent care for insurance purposes. For example, some states (including Connecticut) define “urgent care requests” for purposes of setting requirements for health insurers' review of such requests.
For more information, read the full report.

Up to 21% of Children Have Mental Illnesses; Few Are Treated

The federal Centers for Disease Control and Prevention has released “Mental Health Surveillance among Children," the government’s first comprehensive study of children’s mental health.  Its researchers synthesized federal data and research from 2005 through 2011 and focused primarily on the prevalence in children under age 18 of (1) suicide, (2) attention-deficit hyperactivity disorder, (3) behavioral or conduct problems, (4) anxiety, and (5) depression. 

Their findings include that:

• in any given year, 13% to 21% of children have mental disorders that alter the way they learn, behave, and cope with their emotions;
• childhood mental illnesses cost families and society about $247 billion annually for treatment, special education, and juvenile justice services, in addition to lost productivity;
• only 21% of mentally ill children get treatment, mainly due to shortages of pediatric sub-specialists and child and adolescent psychiatrists, a trend likely to continue as fewer medical students choose careers in these areas, and
• 40% of children have more than one diagnosed mental illness, some of which are associated with childhood criminal behavior, drug and alcohol abuse, and engaging in other forms of risky behavior.

 

CT Ranked #5 in Green Jobs

According to Environmental Entrepreneurs’ “2012 Clean Energy Jobs Year-in-Review and Fourth Quarter Report,” Connecticut ranked 5th nationally for green job creation in 2012, based on green projects completed, in progress, or announced in 2012.  The report states that nationally, over 300 clean energy and clean transportation projects announced last year are expected to create 110,000 jobs.  Connecticut was the only New England state in the top 10, and overall, trailed only California, North Carolina, Florida, and Illinois.

According to the Hartford Business Journal’s coverage of the report, Connecticut had four projects in 2012 expected to generate close to 5,000 jobs.  These projects include the North Haven headquarters of Sustainable Building Solutions, the opening of Renewable Resources in Stamford, the New Britain-to-Hartford busway, and the Plainfield Renewable Energy biomass plant.
http://www.e2.org/ext/doc/E2CleanEnergy2012YearEndandQ4.pdf

Coming to Store Near You…Health Insurance

The state health insurance exchange, known as Access Health CT, will be opening storefronts in seven Connecticut cities this year.  Enrollment in health plans offered on the exchange, required by the federal Patient Protection and Affordable Care Act, begins October 1, 2013.  Among the estimated 344,000 uninsured people in Connecticut, 85% live in the targeted cities, according to The Hartford Courant.  Those cities include Bridgeport, Hartford, New Britain, New Haven, Stamford, Waterbury, and an undecided seventh city, likely Willimantic or Norwich.  Access Health CT is believed to be the only exchange in the country planning to open storefronts as part of its marketing endeavors.

Another Challenge to Connecticut’s Defense Industry

It costs over $2 billion to build one Virginia Class Fast Attack submarine. That’s roughly 16% of the $12 billion in defense contracts Connecticut received in 2011, which is roughly 5% of the state’s gross state product (Economic Report of the Governor, FY 2014-FY 2015 Biennium). Given these figures, it’s hard to imagine other challenges facing the state’s defense industry besides those resulting from sequestered funds, contract cancelations, and budget cuts. 

But other challenges can arise from dollars spent on new military technologies, like the kind the Defense Advanced Research Projects Agency cooks up. For example, drone submarines could redefine and possibly displace the role of conventional submarines in much the same way aircraft carriers redefined and displaced the role of battleships during World War II.

“While there is this constant evolution in military technology, there are certain revolutions that occur every so often, something that completely changes the rules and forces us to ask new questions,” author P.W. Singer stated in a March 2010 interview with Military History (emphasis in the original; available in the Legislative Library.) “The real challenge,” Singer added, “is that technology moves at an exponential pace while our understanding, our laws and our other human institutions tend to move at a linear pace.” 

State economic development policy focuses mainly on “defense conversion,” helping businesses that rely heavily on defense contracts switch from, say, making submarines for war to submarines for underwater exploration. For example, Connecticut Innovations, Inc. the state’s quasi-public economic development arm, must give priority for financial assistance to defense-dependent businesses seeking to develop nonmilitary technologies (CGS § 32-40).  During the 2013 session, the legislature reactivated a dormant advisory commission charged, among other things, with preparing and reviewing strategies to support defense conversion (PA 13-19).

Here’s more on Singer’s ideas:

High School Class Of 2013 Portrait

Child Trends has cobbled together statistics on this year’s graduating high school seniors and painted a portrait that it believes is fairly accurate in its depiction of these youth. Some of the statistics are alarming.

Out of 100 members of the average high school graduating class, about:

• 71 have experienced physical assault;
• 68 are headed to college;
• 64 have had sexual intercourse;
• 35 volunteered during the previous year;
• 22 are living in poverty
• 34 are overweight, 18 of whom are obese;
• 12 have attention deficit hyperactivity disorder;
• 10 report being raped; and
• 24 were binge-drinking in the past two weeks

To create this portrait, the authors examined available data for U.S. high school seniors (or similarly-aged youth) that were nationally representative and as close in time to 2013 as available.

Burglaries Decreasing Nationwide

According to a new report from the federal Bureau of Justice Statistics, the number of burglaries nationwide has declined significantly in recent years.  Using data from the National Crime Victimization Survey, the report finds that U.S. households experienced 3,394,700 burglary victimizations in 2011.  But, the household burglary rate has decreased 56% from 1994 to 2011. 

The report states that among all completed burglaries, those involving the theft of an electronic device or household appliance increased from 28% in 2001 to 34% in 2011.  The report also finds that only 58% of completed burglaries were reported to police in 2011, although this represents an increase from the 51% reported to police in 1994.

Games Win Big in Education Grants Competition

The U.S. Department of Education recently announced the winners of this year’s Small Business Innovation Research (SBIR) contract awards. The awards provide research and development funding for small businesses that develop technology to improve student learning.  More than half of the 2013 winning proposals are for games and game-related products, more than in any previous year.  This outcome is consistent with the growing body of evidence showing that games can effectively supplement or replace some standard teaching practices.

Generally, the games are designed for students learning science, math, reading, social skills, and common core standards.  Most:

1. adjust the level of difficulty to match the player’s competency level,
2. include rewards and competition, and
3. have a teaching component that allows teachers to use them to supplement or replace standard instructional practices.

Several of the games use story-based narratives to engage students or provide teachers real-time assessments identifying players in need of further instruction and remediation.

Legit Distillery Opening on Site of Old Bootlegger’s Still

A story appearing in the Wall Street Journal reports that two New York entrepreneurs plan to open a distillery on the site formerly occupied by a notorious bootlegging operation shut down in 1932. One unique feature of the site selected is a series of underground tunnels that served as potential escape routes for the bootleggers.  Aside from offering tastings, the new owners will age their moonshine in the main bunker and open a small museum.

Ariel Schlein, one of the owners, indicates that the distillery will be ready for tours and tastings in the late fall and fully operational at the beginning of 2014.  Its moonshine will be made with as many farmed-source ingredients as possible.  Corn and barley are being grown on the surrounding farmland this season and they expect to add wheat and rye in the future. 

The distillery would join a growing number of small-batch distilleries in New York, where a state license introduced in 2002 cut fees for start-ups producing less than 35,000 gallons a year.  The Farm Distillery Law enacted in 2007 encouraged production of alcohol with ingredients made in New York.  The 72 distilleries located throughout the state can host tastings and sell their products on-site and, as of this year; the 36 classified as farm distilleries can also sell at farmers’ markets and fairs.

Marketers Use New Beer “Gimmicks”

According to a time.com article, beer marketers are using new promotions to attract beer drinkers this summer.

These promotions include:

1. selling limited edition “patriotic packaging,”
2. tying beer to charities that help soldiers,
3. making beer in an unfinished maple Louisville Slugger bat,
4. introducing new flavors that involve fruit, and
5. tying beer drinking to listening to music or watching television.

At least one beer company is taking the opposite marketing strategy.  Magic Hat beer is marketing their beer as “Just Beer.”

New York State Considers Ignition Interlocks for School Bus Drivers

Three bills proposed in the New York legislature this session would require school bus drivers to blow into ignition interlock devices before driving (A 837, A 1862, and S 1347).

State Senator George Maziarz says he introduced one of the bills after four crashes involving school buses on Long Island. “The driver was slumped over the wheel. He was totally absolutely intoxicated,” he told a TV station. “This is just one incident of many.” Maziarz went on to say that installation of the devices is a “fool proof” way to ensure that “the very small percentage of bus drivers who would drive the bus while intoxicated are unable to.”

The New York School Bus Contractors Association (NYSBCA) testified against the proposals at a public hearing. “The [NYSBCA] believes that mandating ignition interlock devices on every single school bus in New York is simply not a rational response to a few isolated, yet widely-publicized, incidences,” a board member said, “considering the excellent safety record of the industry, the technical challenges of ignition interlocks, and cost.” 

More information on the issue can be found in the May 28, 2013 issue of the “School Transportation Director.”    

Buy or Rent?

Although most people believe that buying a house makes more sense than renting one, experts argue that it is not always the case.  A CNN Money article suggests that the financial-side of the decision comes down to three factors: location, how long you plan to stay, and how rents compare to home prices.  The New York Times has an interactive calculator that helps one determine under what circumstances it is better to buy than rent.  Taking into account factors such as down payment amount, property taxes, mortgage rates, utilities, common fees, and renovation costs, it calculates the period after which one begins to reap the financial benefits of homeownership. 

Hot Report: State Jurisdiction over Telecommunication Services Charges

OLR Report 2013-R-0240 discusses the state's regulatory jurisdiction over installation and related charges imposed by telecommunications companies (including cable companies and Internet service providers). Specifically, it looks at whether the state can bar a company from charging for an equipment installation before the service it supports goes into effect. (The Office of Legislative Research is not authorized to provide legal opinions, and the report should not be considered one.)

Federal law significantly restricts the state's ability to regulate such companies. As discussed in OLR Report 2010-R-0290, federal law largely preempts economic regulation of these companies, most notably regarding wireless service and telecommunications services using voice over internet protocol technologies, which companies such as Vonage and many cable companies use. Federal law (47 USC § 541 et seq.) also sharply restricts the ability of the state and other franchising authorities to regulate cable rates.

For more information, read the full report.

Reduced Medicare Co-Pays for Diabetes Supplies

Starting July 1st Medicare co-pays for diabetes testing strips will drop from $15.58 to $4.49 per hundred strips.  The savings apply both to those who obtain their supplies through the mail and those who use local pharmacies that accept Medicare’s reimbursement as full payment. 

There is nothing new those buying supplies from retailers need to do to take advantage of the price reduction.  But those obtaining their supplies by mail –estimated to be 50- 60% of Medicare-enrolled diabetics -- will probably need to change suppliers.  DSS has signed contracts with only 18 carefully vetted mail-order firms nationwide.

Beneficiaries can locate a participating mail order supplier online from Medicare’s website, call 1-800-MEDICARE, or get a referral from their healthcare provider.

Online Gambling Could Save Atlantic City

According to nj.com, a bill legalizing online gambling in New Jersey could save Atlantic City casinos. 

Analysts from Wells Fargo, report that online wagering could increase casino revenue by (1) $650 million to $850 million in its first year and (2) as much as 50% over the next five years.  This would mean an additional $1.5 billion in casino revenue and $150 million in tax revenue for the state.

Atlantic City casinos have been struggling recently, largely due to competition from Pennsylvania, as well as the recession.

Several States Rethink Adopting Common Core Education Standards

The Common Core State Standards (CCSS) are state education standards for English language arts and mathematics developed by the National Governors Association and the Council of State School Officers. The standards, which states may adopt, seek to raise student achievement and provide more uniform curricula and instruction among states. Forty-five states (including Connecticut), the District of Columbia, and four US territories have adopted the CCSS.

The CCSS are slated to roll out in all participating states beginning in the 2014-15 school year.  However, Education Week has found that legislation been introduced this year in several states to withdraw from CCSS participation (Alabama, Georgia, Kansas, Michigan, South Dakota).  Two states have managed to pass bills in at least one legislative chamber (Indiana, Missouri) and one has passed a bill in both chambers that has yet to be signed into law (Indiana).  In May, Pennsylvania’s Gov. Tom Corbett ordered a delay in CCSS implementation, which was slated for July 1, 2013.  The governor asked the state board of education to swiftly make “minor modifications to the regulations” for submission to the legislative education committees for final approval.

These state actions stem from nationwide concerns about the new standards, which include the risks of monitoring student mastery of the CCSS through high-stakes testing, the establishment of a national curriculum for public schools, infringement upon local school district and teacher autonomy and creativity, and the added cost of technology upgrades so that students can take computerized tests tied to the standards.  The Associated Press reports that various think tanks estimate the cost of implementing the standards range from $8.3 billion to $16 billion.

http://www.edweek.org/ew/section/multimedia/anti-cc-bill.html

Sequester Presents Uncertainty for Higher Education

Federal budget sequestration that took effect March 1 will affect student aid programs and university research, but the precise impact remains unclear, according to an article in The Chronicle of Higher Education. The affected student aid programs include the Supplemental Educational Opportunity Grant and Federal Work Study. However, because the U.S. Department of Education has not yet notified institutions of how much funding will be cut from these programs, institutions may be required to send students revised financial aid letters for the 2013-2014 year once the amount of the cuts is known.

Fear of the sequestration has already affected federal research grants, as it prompted agencies to preemptively reduce the amount of grant money they award. The sequester-related reductions are expected to total $12 billion in 2013 and $95 billion over the next nine years.

The article also describes cuts to college preparatory programs of nearly $60 million, and a $450 million cut from federal employment and training programs. However, the precise allocation of the $450 million cut has yet to be identified.

Hot Report: New Haven's "Operation Bike Life"

OLR Report 2013-R-0252 summarizes  information on (1) the New Haven Police Department's “Operation Bike Life,” (2) New Haven's dirt bike ordinance, and (3) the 2013 legislation allowing municipalities to increase dirt bike and all-terrain vehicle (ATV) penalties.

For 10 weeks in 2013, the New Haven Police Department conducted an investigation and sting operation, named “Operation Bike Life,” to crack down on reckless behavior by dirt bike and ATV riders. The operation involved police videotaping offenders and has led to 18 warrants and 15 arrests.
The City of New Haven has an ordinance prohibiting riding dirt bikes and other recreational vehicles on public areas or private land without prior permission. Violators are subject to community service and fines between $50 and $100.

PA 13-154 allows municipalities to increase the fine amounts they impose on individuals for illegally operating dirt bikes on public property by setting maximum penalties for initial and subsequent violations. Prior law limited the fine to $250.

For more information, read the full report.

Mashantuckets Join Mohegans in Offering Online Gambling

The Mashantucket Pequot Tribe, owner of Foxwoods Resort Casino in eastern Connecticut, says it will partner with an Internet gambling provider to begin offering online games this year.
The Mashantuckets and London’s GameAccount Network announced the deal on April 22. It must still be approved by government gaming regulators.

The partners say they will initially focus on play-for-fun online gambling in the United States, but they will be ready for real money gambling if online is gambling is legalized.
The tribe and GameAccount say they will also provide business-to-business services to other U.S. gambling operators.

Mohegan Sun, Foxwoods' Connecticut competitor, reached an agreement last year with Las Vegas-based Bally Technologies to provide free-play online poker.

Clock Is Ticking With Subsidized Student Loan Interest Rates Set To Double

CNN Money reports that on July 1, 2013, the interest rates on subsidized federal student loans are set to rise, doubling to 6.8%.  Congress lowered the interest rate six years ago, and the provision will sunset soon without legislative action.  Republicans and the president are at odds in their approach to the dilemma, giving seven million students who rely upon these loans even more reason to be nervous about their ballooning debt.

In May, the Republican-controlled House of Representatives passed a bill that would stop the rates from doubling this summer, but President Obama promised to veto it, since it permits rates to rise in the future.  The president and Republicans also disagree on:

• how to cap student rates,
• how much “little extra” students should pay to cover the cost of the program,
• how to let students “lock in” their rates from year to year, and
• how to spend extra revenue made through student loans.

Senate Democrats would like to charge students only what it costs the federal government to make the loans, and no more.  They propose eliminating tax breaks for the oil and gas industry in order to pay for the program.

Student groups are calling for Congress to extend the existing 3.4% rate for an additional year while a more permanent solution is designed.  According to the Pew Research Center, in 2010, 19% of households had student loan debt, up from 15% just three years earlier.  Average student loan debt in 2011 was $27,000.  Only mortgages account for higher consumer debt.

Tax-Free NY Ups the Ante in the State Economic Development Sweepstakes

It’s too soon to tell if New York’s Tax-Free NY will transform State University of New York (SUNY) campuses and university communities, as Governor Cuomo announced, but it could spark similar initiatives in other states. In his remarks about Tax-Free NY, Senate Majority Coalition Co-Leader Jeffrey Klein alluded to competitive pressures impacting New York and other states: “In order to compete in today’s hyper-competitive global marketplace, we need to continually develop bold and creative ideas to attract the best and fastest growing companies.”

The idea of cutting taxes in designated areas (e.g., enterprise zones) to spur economic development isn’t new.  But Tax-Free NY has several unique components. The tax incentive package is big—it includes income, sales, property, and businesses tax exemptions. And it’s available to businesses that operate within 200,000 square feet of all SUNY campuses outside New York City and designated private colleges north of Westchester. These businesses qualify if their mission is related to that of the host university’s or create new jobs. But perhaps the package’s most unique feature is the income tax exemption for the businesses’ employees. 

While Connecticut’s 2010 Bioscience Initiative doesn’t include income tax exemptions, it does extend the popular enterprise zone property tax exemptions and corporation business tax credits to businesses operating in designated areas near John Dempsey and Bristol hospitals and the Hospital of Central Connecticut. These tax incentives were part of larger package that included over $200 million in bonds for new construction and renovations at the UConn Health Center.

Although the initiative did not include income tax exemptions, the idea of using such exemptions to spur economic development in distressed areas has been proposed before. In 1997, the legislature’s Task Force to Study Alternative Tax Policies to Benefit Urban Centers examined how tax policy, along with other factors, affected the economic ups and downs of Connecticut’s cities and recommended, among other things, eliminating the income tax for 15 years in targeted urban centers. The task force’s report (PA 96-245, § 40) is available in the Legislative Library 

Philadelphia’s Response to Its Property Valuation Problem

Philadelphia is currently undergoing a city-wide property revaluation program, named the Actual Value Initiative (AVI), to correct years of inaccurate property assessments.  Currently, property owners in Philadelphia with nearly identical houses are being assessed at different values and pay vastly different property tax bills.  AVI’s goal is to correct these disparities and make the city’s property assessment system “fair, accurate, and understandable.”

AVI will fundamentally change Philadelphia’s property tax system.  A recent report by the Pew Charitable Trusts’ Philadelphia Research Initiative estimates that the AVI will increase the city’s grand list from $39 billion to about $100 billion.  This will result in lower tax rates and higher assessed values for property owners.  But it is also expected to shift some of the tax burden from categories of property that have been traditionally overassessed, particularly commercial, industrial, and apartment property, to residential property owners.

The city is considering several policy options to mitigate the increased tax burden on residential property owners.  One of the proposals is to redesign the city’s homestead exemption, which reduces the property assessments of owner-occupied homes used as a primary residence. 

Connecticut Parks Celebrate Centennial

The Connecticut state park system is celebrating its 100th anniversary this year, as The Hartford Courant reports.  The Connecticut State Park Commission was created in 1913 and charged with developing a statewide system of parks.  The Department of Energy and Environmental Protection (DEEP), which oversees state parks today, is about to launch a year-long celebration.  State park records show that the first land purchased for a state park was beachfront property at Sherwood Island in Westport in 1914.  But, the first state park to formally open was Hurd State Park on the Connecticut River in East Hampton in 1915.  Today there are 107 state parks, which draw more than 7.8 million visitors each year.  DEEP will formally kick off the centennial celebration on August 14 with a reception at Dinosaur State Park in Rocky Hill.

Presidential Commission on Election Administration

The 10-member the Presidential Commission on Election Administration (PCEA) recently announced that it will hold its first public meeting on June, 21, 2013.  PCEA’s mission is to identify best practices and make recommendations on the efficient administration of elections to (1) ensure that all eligible voters have the opportunity to cast their ballots without undue delay and (2) improve the experience of voters who may face other obstacles in casting their ballots, such as members of the military, overseas voters, voters with disabilities, and voters with limited English proficiency. 

In March 2013, President Obama signed Executive Order 13936 establishing PCEA.  Among other things, the commission will consider:

• polling place location, management, operation, and design;
• poll worker training and recruitment;
• voting accessibility for military and overseas voters and  individuals with disabilities, limited English proficiency, and other special needs;
• voter rolls and poll book management;
• voting machine capacity and technology;
• ballot simplicity and voter education;
• provisional ballot issuance and management;
• absentee ballot programs; and
• contingency plans for natural disasters and other emergencies.

Under the executive order, PCEA must submit its final report to the President within six months after its first meeting.  It terminates 30 days later. 

This article from USA Today has more information on the commission and its members.  To receive email updates on its progress, sign up on its website.

Genetic Testing for Hereditary Breast and Ovarian Cancer

The subject of genetic testing for breast or ovarian cancer surfaced in the news recently, when actress Angelina Jolie revealed that she had a double mastectomy after genetic testing showed that she carried a gene (BRCA1) which substantially increased her risk of developing these diseases.

The state Department of Public Health created a webpage with questions and answers about genetic testing for breast or ovarian cancer.  The page provides background information on the role of genetics in these cancers, as well as advantages and disadvantages of genetic testing.

The page cautions that most women will not benefit from genetic testing, as the BRCA1 and BRCA2 genes are not common. The majority of breast cancer and ovarian cancer cases are not caused by hereditary factors.  The webpage notes that:

“Genetic testing may be a consideration for the small number of women who have been diagnosed with breast cancer at a young age, or whose specific family history patterns are associated with an increased risk for potentially harmful mutations in the BRCA1 or BRCA2 genes.”

The webpage lists several factors that may increase the risk of having a BRCA gene mutation. It also contains links with additional information on genetic testing and online family health history and risk assessment tools.

Grocery Delivery Service is Greener Then You May Think

A recent National Public Radio (NPR) article reported that home grocery delivery may be more environmentally friendly than driving to the store. Citing a study published in the Journal of the Transportation Research Forum, the article explained that using a delivery service can cut carbon dioxide (CO2) emissions by at least half because the delivery truck acts as a “bus for groceries” and requires less mileage.

The study’s co-author explained that even if a delivery truck is a larger vehicle, it is more efficient to share the vehicle than making individual trips to the store. The amount of reduced emissions varies, however, based on (1) how close people live to the store, (2) the number of people getting food delivered in a neighborhood, and (3) the truck route’s efficiency. For example, according to the study, clustered routes can produce 90% less CO2 than a random route.
  
The study, which is an analysis of delivery service scenarios in Seattle, also concluded that the greatest savings in CO2 occurs in larger service areas (areas with less density). This is particularly true in rural areas where alternative means of transport such as walking, public transit, or bicycling, are less practical.

Hot Report: Major Public Acts

OLR Report 2013-R-0243 highlights the major acts passed by the legislature in the 2013 session. Read it to see what was passed with regards to:

• The Biennial Budget
• Bonding
• Business and Jobs
• Children and Juveniles
• Consumer Protection
• Criminal Justice
• Education and Schools
• Elections, Energy
• Environment
• Health
• Higher Education
• Housing
• Human Services
• Insurance
• Municipalities
• Public Safety
• Transportation

Dog Bites Man, Insurers Pay

A recent Hartford Courant article reports that while the number of dog-bite insurance claims decreased nationally by 1.4% from 2011 to 2012, the costs of settling dog-bite claims increased by 1.2%, according to the Insurance Information Institute. Dog bites account for one-third of all dollars paid by insurers for homeowner liability claims. The average cost of a dog-bite claim was $29,752 in 2012 compared to $29,396 the year before. The Insurance Information Institute attributes this increase to higher medical costs for the injured person, as well as larger settlements, judgments, and jury awards to plaintiffs.

Mobile Commerce on the Rise in the U.S.

Nearly a quarter of web site visits are now being made using mobile devices and Internetretailer  reports that U.S mobile commerce (m-commerce) sales hit $24.66 billion in 2012, up 81% from the previous year.  The figures came from EMarketer, which counts sales (other than travel and ticket sales) made on smartphones, tablets, and other devices such as Apple’s iPod Touch. The company forecasts increases of 55.7% in 2013, 35.8% in 2014, 30.9% in 2015, and 27.2% in 2016.  Annual sales are expected to reach $87 billion in 2016, an increase of more than $62 billion over the 2012 figure.

Overall, retail sales using smartphones and tablets accounted for 7% of U.S. e-commerce sales in 2011 and 11% in 2012, EMarketer finds. They will represent 15% of sales in 2013, 18% in 2014, 21% in 2015 and 24% in 2016, the research firm predicts.

EMarketer explains this trend as reflecting a confluence of the (1) expanding number of smartphone shoppers whose behavior affects commerce in all channels, (2) growing number of smartphone buyers who enjoy the immediacy of purchasing through their phones; and (3) rapid rise in tablet shopping, which will produce the bulk of m-commerce sales over the next four years.

The study also examined web traffic by operating system, finding Apple’s iOS generates a majority of the mobile traffic at 52% and Android holding a 43% share.

United States Ranks Low in Child Well-Being

A recent United Nations Children’s Fund (UNICEF) report ranked the United States #26 out of 29 developed countries in terms of overall child well-being. (Only Lithuania, Latvia, and Romania ranked lower.) The report rated the countries based on children’s (1) material well-being, (2) health and safety, (3) education, (4) behaviors and risks, and (5) housing and environment. The Netherlands ranked #1 overall, followed by Iceland, Finland, Norway, and Sweden.

Of the countries included in the report, the U.S.:

1. had the highest teenage birth rate;
2. had the highest percentage of overweight young people based on BMI (body mass index) although it had the second highest percentage of young people who reported at least one hour of moderate to intense physical activity per day;
3. was among only three countries that had childhood obesity levels higher than 20% (the other two being Canada and Greece; and
4. was one of four countries where the incidence of low birth rate exceed 8%, the other three are Greece, Hungary, Portugal.

However, not all of the news was bad. The U.S. had the lowest reported incidence of alcohol abuse by young people and it was among the four countries with the lowest reported incidence of cigarette smoking by young people.

 

Hot Report: Abortion Clinics in Connecticut

OLR Report 2013-R-0238 answers a number of questions about abortion clinics in Connecticut. These questions include:

• Does the State License Abortion Clinics? How Many Clinics Currently Exist?
• Are There State Sanitation Requirements For Abortion Clinics?
• Does the State Inspect Abortion Clinics? Are Clinics Notified of the Inspection in Advance?
• If DPH Finds a Violation During an Inspection of an Abortion Clinic, What Steps Must the Clinic Take To Correct the Violation?
• Are Abortion Clinics Held to the Same Inspection and Physical Plant Requirements as Hospital Operating Rooms or Independent Ambulatory Surgical Centers?
• Have There Been Any Cases of Deaths or Serious Complications Attributable to Abortion Clinics in Connecticut Since the State Began Regulating These Clinics?
• Are Patients Advised Before the Abortion About the Risks and Alternatives?
• Are There Emergency Procedures in Place in Case There Are Complications During Surgery? 

 For the answer to these questions and more, read the full report.

Kansas to Require Drug Testing of Welfare and Unemployment Compensation Recipients and State Legislators

Joining a small but growing number of states, the Kansas legislature, by wide margins in both chambers, voted to require drug testing of welfare recipients when they are suspected of illegal drug use. The legislation also requires testing of unemployment compensation recipients.

Welfare recipients who fail the first test can take a second test and be reimbursed if the second test is clean. Otherwise, those failing the test lose their benefits until they complete a drug treatment and job skills program. A second failed test results in a year-long loss of benefits. (The children of these parents continue to get the benefit, which is paid to a surrogate.)

The state already requires drug testing of the governor and several other top state officials. The new legislation also extends the requirement to all state legislators suspected of drug use.

Robberies Decline as more Immigrants open Bank Accounts

On March 14, 2013, Atlantic Cities magazine featured an article touting the ingenious banking model of the Latino Community Credit Union (LCCU), initially chartered in response to a crime wave in Durham, NC where Latinos were targeted for robberies because they were more likely to carry cash. According to the article LCCU accepts IDs issued from foreign countries and offers services in both Spanish and English, thus making it a very attractive place for Latinos to bank. The article states that LCCU now has 10 branches across North Carolina and in each county in which LCCU has opened a branch, robberies dropped by 4.2%.
 
This concept is not foreign to Connecticut.  Six years ago, New Haven became the first city in the country to offer undocumented immigrants municipal identification cards that allow access to city services and a chance to open bank accounts.  On the program’s 5th anniversary, the New Haven Independent reported that crime in Fair Haven decreased by 20% in the program’s first two years.  The article attributed this to the effect that the ID cards had on bolstering relationships between the immigrant community and police which, among other things, resulted in an increase in crime reporting and witnesses willing to come forward. 

Connecticut also has a new DMV policy which makes young people who are eligible for the federal Deferred Action for Childhood Arrivals (DACA or DREAM Act) immigration program also eligible for a state driver’s license. This affords these residents the opportunity to do other things for which a driver’s license is a necessary form of identification, such as open bank accounts. Time will tell the effect that this new policy may have on the number of robberies in immigrant communities across the state.    

Obama Budget Plan: Jobs for Veterans

President Obama’s FY 2014 budget plan revives a $1 billion veteran’s employment initiative legislators blocked last year due to its big price tag.  One part of his initiative calls for the creation of a Veterans Job Corps capable of putting 20,000 veterans, primarily those who served in Afghanistan and Iraq, to work within the next five years in conservation, law enforcement, and infrastructure jobs on public lands.  The U.S. Labor Department estimates that about 12.1% of Iraq and Afghanistan veterans are unemployed, compared with 9.1% of Americans nationwide.

Other Obama proposals for increasing veterans’ job opportunities include:

• developing back-to-work programs with other federal agencies, including the departments of the Interior and Agriculture, National Oceanic and Atmospheric Administration, and the Army Corps of Engineers and
• supporting job-producing projects with contracts and grants with non-federal organizations, such as states, nonprofits, and private businesses.

 

Household Debt Continues to Decline

According to the latest quarterly report from the New York Federal Reserve, a number of measures of household and credit debt continue to decline.  According to the report:

• Overall consumer debt dropped 1% in the 1st quarter of 2013 compared to the last quarter of 2012.
• Mortgage balances, the largest component of household debt, and equity lines of credit fell.  Other non-housing debt remained unchanged as increases in auto and student loans were offset by decreases in credit card balances.
• Regarding housing, mortgage originations continue to rise since bottoming out in the third quarter of 2011.  Foreclosures in the first quarter of 2013 were down 12.5% from the previous quarter, the fourth consecutive quarterly decline, and are 68% below the peak number of new foreclosures in the second quarter of 2009.
• Regarding student loans, outstanding balances increased by $20 billion during the quarter to a total of $986 billion.  The 90+ day delinquency rate declined from 11.7% to 11.2% during the quarter.

Hot Report: Weapons Banned as Assault Weapons

OLR Report 2013-R-0241 gives a brief explanation of the assault weapons ban and a list of weapons subject to the ban.

With minor exceptions, state law prohibits giving an assault weapon to anyone; distributing, transporting, or importing an assault weapon; or keeping, offering, or exposing any such weapon for sale. It also, with minor exceptions, prohibits possession of an assault weapon unless the owner lawfully possessed the weapon before the ban took effect and obtained a certificate of possession from the Department of Emergency Services and Public Protection (DESPP) for it (in effect, registered the weapon).

The law defines an “assault weapon” as (1) a selective-fire firearm capable of fully automatic, semiautomatic, or burst fire at the user's option; (2) any of more than 150 named semiautomatic firearms, including semiautomatic centerfire rifles and semiautomatic pistols (see Appendix 1); (3) a semiautomatic firearm that has certain features; and (4) a shotgun with a revolving cylinder.

The definition of an “assault weapon” includes any part or combination of parts designed or intended to convert a firearm into an assault weapon or any combination of parts from which one may be rapidly assembled if possessed or controlled by the same person. It does not include (1) firearms rendered permanently inoperable or (2) unassembled parts or combination of parts possessed by a licensed gun dealer or gunsmith he or she employs for repairing or servicing a lawfully possessed weapon.

For more information, read the full report.

Medicare Part D: Monitoring Prescribers’ Practices

Improper monitoring of the prescribing patterns of health professionals who participate in Medicare’s Part D prescription drug program put seniors and the disabled at serious risk, claim the authors of a joint report issued by ProPublica and The Washington Post.

Analyzing hundreds of millions of Part D claims submitted between 2007 and 2010, they argue that an intentional lack of federal oversight has made it extremely difficult to identify prescribers with questionable practices, including those (1) operating “prescription mills,” from which cash-paying patients can get prescriptions on request; (2) prescribing drugs for unapproved uses that may be harmful, disorienting, or addictive; or (3) overprescribing antipsychotics and strong pain medication to seniors.

Since the federal Centers for Medicare and Medicaid Services (CMS) oversees both Medicare and Medicaid, it has already collected data about all Medicare participants, including their diagnoses, the services they received, and prescription drugs they are taking.  The report’s authors argue that this puts the center in the best position to determine if Part D patients are being prescribed appropriate drugs for their conditions.  But CMS maintains that this is a function Congress intentionally withheld from it to ensure that it did not second guess doctors’ treatment decisions.  Instead, this function belongs to the stand-alone drug plans with whom CMS contracts for Part D services.

The unique separation of functions is a significant hurdle for those looking to increase CMS’ oversight activity.  Although Medicare scrutinizes and makes payment decisions for participants’ medical and hospital service claims, Part D claims are paid directly by stand-alone drug plans that are also assigned to detect prescription irregularities.  But, with rare exceptions, Medicare does not allow plans to reject drug claims or have access to patients’ medical diagnoses, making it nearly impossible for them to determine if patients have been given the wrong drug for their conditions.  Program rules also require Part D insurers to pay for prescriptions from all providers – even those they believe are acting improperly – unless the provider has been formally excluded from the program. 

ProPublica has used information gathered from its Medicare claims data to create an online tool, Prescriber Check Up.  The tool allows people to search for individual providers to see what drugs they prescribe.  At the moment, the public database is limited to claims activities for 2010.