October 31, 2013

11 Reasons to Avoid Homeownership

Forbes’ tax expert, Kelly Phillips Erb, recently listed 11 reasons why, after 15 years of homeownership, she sold her house and declared she’ll never buy one again.  They are:
  1. "As investments go, it’s not always a great deal." (Why? Because appreciation is often based on inflation, and similar appreciation occurs with other investments (e.g., market investments).)
  2. "The mortgage interest deduction doesn’t make up for the fact that you’re still paying a lot of interest."
  3. "Homes often tempt people to borrow more than they can afford." (For example, the income tax deduction for home mortgage interest payments is often mentioned as a sell point to boost sale prices.)
  4. "Owning a house subject to a mortgage drives up debt to income ratios." (While mortgage payments are considered a debt, rental payments are considered an expense.)
  5. "A mortgage is typically 20 or 30 years while, at any given time, the current administration has only four (or possibly eight)." (Because a new president or Congress might eliminate the deduction, one cannot count on the home mortgage interest deduction existing for the life of the mortgage.)
  6. "A mortgage is typically 20 or 30 years, which can limit your mobility." (A study found high rates of homeownership lead to higher rates of unemployment because homeowners find it difficult to move to areas with better job opportunities.)
  7. "Houses take a lot of your money." (Most home improvements are not deductible expenses, and while some may increase a home’s selling price, one is unlikely to recover fully investments upon sale.)
  8. "If you do hit the home appreciation jackpot, there can be significant taxes." (When selling a home for a large profit, the sale may be subject to capital gains and Medicare taxes.)
  9. "I like for things to be predictable and real estate taxes can vary." (Mortgage payments remain flat over the mortgage’s term, but the property taxes on the home could change from year to year.)
  10. "You can’t deduct a loss on the sale of your home."  (But one can if money is lost on stocks or business investments.)
  11. "It’s getting more difficult to claim the itemized deduction." (This means that fewer people are able to claim the mortgage interest deduction.)

Flu Vaccine Rates Among Health Care Workers Increasing But Not Reaching CDC Goals

A recent report by the Centers for Disease Control and Prevention (CDC) estimates that the flu vaccine rate among health care personnel was 72.0% during the 2012-2013 flu season, up from 66.9% during the 2011-2012 season and 63.5% during the 2010-2011 season. The CDC’s Advisory Committee on Immunization Practices recommends that all health care personnel receive flu vaccinations annually.

Flu vaccination rates among certain health care occupations were much higher than the average for all health care workers.  These include physicians (92.3%), pharmacists (89.1%), nurse practitioners/physician assistants (88.5%), and nurses (84.8%). The vaccination rate among nonclinical personnel was 64.8%.

Among occupational setting, vaccination rates were highest for health care workers at hospitals (83.1%).  The rate at ambulatory care or physician offices was 72.9%, the rate at long-term care facilities was 58.9%, and the rate at other clinical settings was 73.2%.

Among other things, the report also shows that vaccination rates were higher for workers whose employers offer free on-site vaccinations for one (75.7%) or multiple days (86.2%) than for those who do not (55.3%).

October 30, 2013

Sustainable Manufacturing Initiatives

Several federal agencies are interested in the potential of sustainable manufacturing processes – methods to manufacture products while minimizing harm to the environment and conserving energy and natural resources.

The National Institute of Standards and Technology (NIST), part of the U.S. Commerce Department, has opened a “Sustainability Standards Portal” where people can learn about the latest attempts to develop ways to accurately measure the economic, social, and environmental impacts of products throughout their entire life cycle.

“Full life cycle analysis or assessment of products requires new methods to analyze, integrate, and aggregate information” states one NIST report. Among the challenges facing manufacturers: a lack of data “traceable to a neutral organization,” and a myriad of metrics, which need to consolidated and harmonized.

The U.S. Environmental Protection Agency (EPA) also is looking into sustainable manufacturing. EPA’s Sustainable Manufacturing web page, which includes a sustainable manufacturing clearinghouse, is: http://www.epa.gov/sustainablemanufacturing/.

Hot Report: OLR Backgrounder: Toll Roads and Public-Private Partnerships

OLR Report 2013-R-0394 briefly summarizes a (1) September 2013 study recommending that states use all-electronic tolling to finance reconstruction of their aging interstate highways, and (2) critique of that report's suggestion that private-public partnerships play a role in the tolling.

For more than a half century, highway and bridge repairs have been funded primarily through state and federal motor fuel taxes. But, as inflation and the introduction of increasingly fuel-efficient vehicles erode fuel tax revenue, transportation officials have begun looking at other ways to maintain and repair the country's aging infrastructure.

One option to finance highway infrastructure is to switch from taxing the amount of fuel peop
le consume to charging them for each mile they drive. But doing so poses many challenges.
A September 2013 Reason Foundation study proposes all-electronic tolling of the nation's interstate highways as a way to meet these challenges and start weaning the nation off fuel taxes. “America needs a second-generation interstate highway system,” study author Robert Poole wrote. “The 20th-century fuel tax system is inadequate for this trillion dollar task.”

Poole said that tolls of 3.5¢ per mile for cars, SUVs, and pickup trucks and 14¢ per mile for larger trucks could meet 99% of the $983 billion he estimated it would cost to rebuild all and widen some of the country's interstate highways.

Such major construction projects, Poole noted, would be good candidates for public-private partnerships, or P3s, in which a private company would pay a state for the right to improve and operate a highway and set and collect tolls on it.

These agreements benefit the public by allowing construction or improvement of new highways without using public money, and transferring construction risks, such as rising costs and construction delays, to the private partner, he said.

But the Reason Foundation's reasoning on this point has been challenged. Penn State University law professor Ellen Dannin, writing in response to the study, warns that P3s as currently structured are not the answer, and proposes certain safeguards to redress what she says is an unfair tilt in favor of the private sector. “The reality of infrastructure privatization is unequal power and information,” she wrote.

Dannin listed several possible drawbacks of P3 privatization, including a lack of public accountability and contract provisions that she said are contrary to the public interest.

For more information, read the full report.

“Health Courts” as a Means of Reducing Costs

The October 21 edition of HartfordBusiness.com  features an interview with Common Good founder and chair, Philip K. Howard that includes a discussion about establishing health courts to help curb rising health care costs. Common Good is a “nonpartisan, nonprofit legal reform coalition.”

According to Howard, judges dedicated full-time to resolving health care disputes would preside over these state courts, which would be “staffed with neutral medical experts who could provide their expertise as needed.” The judges would issue written rulings to provide guidance on proper standards of care and resolve cases based on sound science, and these rulings would set precedents for patients and doctors.

Howard believes that health courts would speed malpractice suits. By creating clear standards of care, the courts could allow judges to dispose of weak and invalid claims quickly, while encouraging doctors and insurers to settle cases where the doctor was unambiguously at fault.  Howard also believes that health courts could also reduce defensive medical practices, which he estimates cost as much as $200 billion annually.

October 29, 2013

Victims of Online Posts

A recent New York Times article highlights many of the potential legal issues associated with certain online posts that arise from several lawsuits that have been filed against the owners and operators of certain websites by people alleging to be victims of these posts.  An online revenge post is typically a photograph being posted or distributed online without the subject’s permission.  Recently, one case resulted in a default judgment of $300,000 for the alleged victim, issued by a federal judge in Michigan. 

In a separate case, the website operator claimed immunity under the 1996 Communications Decency Act, the popular name for Title V of the 1996 Telecommunications Act (47 U.S.C. § 230). This Act provides immunity from liability for providers and users of an interactive computer service who publish information provided by others (47 U.S.C. § 230(c) (1)). In order to benefit from this immunity, however, certain specified provisions must be met.

Based on the article, some other legal issues and future legislation that could result from these lawsuits include:
  • invasion of privacy violations,
  • First Amendment freedom of speech challenges,
  • protection of minors, and
  • whether online revenge posts should be subject to criminal or civil penalties.

Connecticut Nursing Homes Prescribing Fewer Antipsychotic Medications

According to a recent Connecticut Health I-Team article, Connecticut’s rate of prescribing antipsychotic medications in nursing homes has dropped 14% since 2011. Connecticut still remains among the top 20 states who prescribe these drugs to nursing home residents, but no longer ranks among the top four states, as it did from 2005 to 2010. The state is currently ranked 18th highest in the nation, down from 16th highest in 2011.

The federal Centers for Medicare and Medicaid Services (CMS) began collecting the data in recent years, in response to concern over the inappropriate use of these drugs in nursing homes. Antipsychotic drug use declined nationally by 9% in 2012, short of CMS’ goal of a 15% reduction. However, CMS cites the decrease as evidence that nursing homes are generally using more patient-centered dementia treatments, such as behavioral interventions.

According to the article, 11 states met or exceeded the 15% reduction goal in 2012, including Maine, North Carolina, Rhode Island, and Vermont.

While some Connecticut nursing homes have reduced inappropriate use of these medications, others still have above average usage rates. The article notes that in more than 10% of nursing homes, at least one-third of residents receive these medications, with usage rates as high as 67%.

Several Connecticut health care groups have formed a coalition coordinated by a Medicare quality-improvement organization, Qaulidigm, to improve dementia care and reduce antipsychotic drug use.

October 28, 2013

Standardized Testing Accommodation Policy Released

Smarter Balanced, the standardized testing consortium of which Connecticut is a member, has officially approved testing support guidelines.  OLReporter first noted that Smarter Balanced was in the process of developing these guidelines back in September.  They have now been released online and will be field tested in spring 2014 to prepare for a full exam rollout during the 2014-15 school year.

A governing board of representatives from the consortium’s 25 member states unanimously approved three categories of testing supports for the new, computer-based exam:
  1. “universal tools,” (available to all students as built-in test technology) such as break periods, calculators, English dictionaries, highlighters and spell check;
  2. “designated supports,” (available to students identified in advance by educators) such as altered screen color or font, magnified screen font, or read-aloud test questions; and
  3. “documented accommodations,” (available only to students with documented learning disabilities) such as read-aloud test passages, Braille, American Sign Language, and alternate response options for students who cannot use, or need assistance to use, a computer keyboard.
The guidelines also provide accommodations for students who are English Language Learners (ELL).  For the mathematics test, ELLs may encounter translated test directions, glossaries, or “stacked” translations of test items that appear above the original item in English.  For the English/language arts test, ELLs may have access to a bilingual dictionary for the extended writing portions. 

All the translation supports will be available in Spanish.  Smarter Balanced will also offer translation in other languages, as determined by states’ needs.  Consortium states that have laws and regulations restricting the use of languages other than English to teach or assess ELLs do not have to offer translation options for test takers.

For more information, read an Education Week blog post about them.

Hot Report: OLR Backgrounder: Common Core State Standards

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

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

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

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

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

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

For more information, read the full report.

Connecticut Craft Beer Tastings and Tours

The number of breweries and brew pubs in Connecticut continues to grow, with as many as 15 opening since 2010.  The popularity of beer tastings and brewery tours is also increasing.  Breweries and brew pubs offering tastings include: Back East Brewing, Beer’d Brewing Co., Broad Brook Brewing, City Steam, Manchester Top Shelf Brewing, Mark Sigman’s Relic Brewing, New England Brewing, Olde Burnside, Shebeen Brewing, Thomas Hooker, Two Road Brewing, and Willimantic Brewing Co.

Breweries and brew pubs offering tastings usually have a tasting room where they offer complimentary samples or fill growlers (which are glass or ceramic jugs used to transport draft beer).

October 25, 2013

Small Change in Tax Administration Laws Making a Difference

According to a recent Department of Revenue Services (DRS) press release, a small change in the state’s tax administration laws is proving to be effective in getting delinquent taxpayers to pay up. 
The new law, enacted in the 2013 session (PA 13-150, § 5), bars the DRS commissioner from issuing or renewing certain permits or licenses, including sales tax permits, for anyone who owes any state taxes for which all administrative or judicial remedies have expired or been exhausted.  Under prior law, DRS routinely renewed the permits, even if a business had not paid its taxes.

This small initiative is showing results.  In the first three months since the law took effect, 187 delinquent taxpayers have paid back over $520,000 in delinquent taxes.

The permit denials are just one way the state is trying to collect back taxes.  DRS is also in the midst of a tax amnesty program designed to encourage residents and businesses owing back taxes to come forward.

Not-So-Healthy Housing

The National Center for Healthy Housing (NCHH) released its latest study on the health of the nation’s housing. According to the study, 35 million (40%) metropolitan homes in the U.S. have one or more health and safety hazards. This number is up from 30 million (35%) in 2009.

The study looks at owner-occupied and rental housing in 46 U.S. metropolitan statistical areas (MSAs) and central cities.  It uses 20 health-related housing characteristics from the American Housing Survey, which the U.S. Department of Housing and Urban Development sponsors and the Census Bureau conducts. These characteristics include interior problems like signs of rats or mice, water leaks, inadequate plumbing, and exposed wiring.  They also include exterior problems with roofing, siding, windows, and the foundation. 

The only MSA in Connecticut that the study covered was Hartford, which includes parts of Hartford, Litchfield, Middlesex, New London, Tolland, and Windham Counties.  The entire MSA ranked 24 out of 45 in healthy housing (down from 21 in 2009).  Hartford’s central city ranked 33 out of 44 (down from 24 in 2009).

For more information on the study and how the Hartford MSA ranks, visit NCHH’s website.

October 24, 2013

Feds Warn Employers about Requiring Payroll Cards

The federal Consumer Financial Protection Bureau (CFPB) recently issued a bulletin reminding employers that they cannot require their employees to receive their wages on a payroll card of the employer’s choosing.  Payroll cards and payroll card accounts allow an employer to deposit an employee’s wages directly into a bank account.  The employee can then access the wages by using the payroll card, which is similar to a bank account debit card. 

The federal Electronic Fund Transfer Act (EFTA) and Regulation E which implements it prohibit an employer from mandating that employees receive their wages only on a payroll card of the employer’s choosing.  An employer may, however, offer employees the choice of receiving their wages on a payroll card or by some other means, such as direct deposit, paper check, or cash. 

The CFPB bulletin also explains some of the consumer protections that the EFTA and Regulation E provide to payroll card users, such as fee disclosures, access to account history, limited liability for unauthorized transfers, and error resolution rights.   

Hot Report: IPCC Report on the Physical Science of Climate Change

OLR Report 2013-R-0388 summarizes the recent Intergovernmental Panel on Climate Change (IPCC) report on the physical science basis of climate change. 2013-R0388 is based on the report's Summary for Policymakers and Technical Summary, which are both available at http://www.ipcc.ch/. The report was accepted, but not approved in detail, by the IPCC's Working Group I on September 26, 2013. As a result, it should be considered a draft, rather than final, product.

2013-R-0388 focuses on the aspects of the report that are most relevant to Connecticut, global warming and changes in sea level and precipitation patterns. Other issues addressed in the report include climate modeling and changes in ocean chemistry, glaciers and Arctic and Antarctic ice sheets, and climate phenomena such as monsoons.

Among the report's key findings are:
  1. Climate warming is unequivocal. The atmosphere and ocean have warmed, the amounts of snow and ice have diminished, sea level has risen, and the concentrations of carbon dioxide (CO2) and other greenhouse gases have increased.
  2. Each of the last three decades has been successively warmer at the earth's surface than any preceding decade since 1850. In the northern hemisphere, 1983–2012 was very likely the warmest 30-year period of the last 800 years.
  3. It is extremely likely that human influence has been the dominant cause of the warming observed since the mid-20th century.
  4. Continued emissions of greenhouse gases will cause further warming. Limiting climate change will require substantial and sustained reductions of greenhouse gas emissions.
  5. Global surface warming for the end of the 21st century is likely to exceed 1.5°C relative to the 1850 to 1900 baseline and will continue beyond 2100.
  6. More than 90% of the energy accumulated between 1971 and 2010 has been stored in the oceans.
  7. The oceans' volume has increased due to this warming and this, combined with melting of glaciers and ice sheets, has caused sea levels to rise.
  8. The rate of sea level rise since the mid-19th century has been larger than the mean (average) rate during the previous two thousand years. From 1901 to 2010, global mean sea level rose by 0.19 meters (7.4 inches).
  9. Global mean sea level will continue to rise during the 21st century at a rate that will very likely exceed that observed during 1971–2010.
  10. Extreme precipitation events (e.g., downpours) over most of the mid-latitudes (e.g., Connecticut) will very likely become more intense and more frequent by the end of this century.
According to the report, most aspects of climate change will persist for many centuries even if emissions of CO2 are stopped.

On the other hand, there are variables where the data are not clear. For example, the report notes that there are no clear trends in annual numbers of tropical storms, hurricanes, and major hurricanes over the past 100 years in the North Atlantic basin. It expresses low confidence, on a global scale, that climate change will increase the intensity or duration of droughts. In addition, warming has varied and, according to the report, will continue to vary from year to year and decade to decade and will not be uniform across regions.

The report's findings and projections are generally similar to those in IPCC's last assessment of the climate. This report is more confident that climate change is largely due to anthropogenic (human-made) forces. On the other hand, it projects that a doubling of CO2 concentrations may have less impact on temperature than IPCC previously projected.

For more information, read the full report.

Federal Mandatory Minimum Sentencing Laws and Changes to DOJ Charging Policies

A Congressional Research Service (CRS) report from September describes various issues related to federal mandatory minimum sentencing laws.  Among other things, the report lists all federal mandatory minimums, details various elements of crimes subject to such minimums, and describes related constitutional issues.

According to the report, federal mandatory minimums are most commonly imposed for various drug offenses, offenses involving firearms in connection with violent crimes, offenders subject to the Armed Career Criminal Act, sex crimes, and aggravated identity theft. 

For example, many federal mandatory minimum drug laws involve possession with intent to distribute (trafficking) large amounts of heroin, cocaine, crack, PCP, LSD, propanamide, methamphetamine, or marijuana.  The specific mandatory minimums vary and increase depending on a number of factors such as the amount of the drug involved, whether it is a repeat offense, and whether the crime involved death or serious injury.

The Department of Justice recently changed some of its charging polices involving drug offenses to avoid mandatory minimum sentences for certain low-level crimes, particularly nonviolent crimes by people not connected with a large operation, gang, or cartel.  The changes apply to pending and future cases.  Attorney General Holder announced the changes at the American Bar Association’s annual meeting and the Congressional Black Caucus Foundation Criminal Justice Issues Forum.

For more information, read the CRS report and the attorney general’s speeches announcing policy changes:
• http://www.fas.org/sgp/crs/misc/RL32040.pdf
• http://www.justice.gov/iso/opa/ag/speeches/2013/ag-speech-130812.html
• http://www.justice.gov/iso/opa/ag/speeches/2013/ag-speech-1309191.html

October 23, 2013

Poverty Pervasive Among Public School Students in Southern and Western U.S.

According to a recent Southern Education Foundation (SEF) study, a majority of public school children in 17 U.S. states were from low income households during the 2010-2011 school year. These states were concentrated in the South and West.  A Washington Post article on the study noted that the SEF based its findings on the number of public school students from preschool to grade 12 who were eligible for free or reduced price meals.

The study also found that, in 2011:
  • the number of low-income students in the U.S. had increased by 32% (approximately 5.7 million children) since 2001;
  • 48% of U.S. public school students were low-income;
  • in order of percentage of low-income public school students in each U.S. region, the South had the highest (53%), followed by the West (50%), Midwest (44%), and Northeast (40%);
  • Mississippi had the highest rate of low-income students in the state overall (71%) and New Mexico had the highest rate of suburban low-income students (72%); and
  • the percentage of low-income students in Connecticut was 34% overall, ranging from 13% in rural areas to 62% in urban areas.

Senior Volunteerism On The Rise

Senior citizens do volunteer work – according to a report from the Corporation for National and Community Service (CNSC), one in three volunteers is age 55 or older. That service, three billion hours annually from 20 million seniors, is valuable. The report estimates its worth to be $67 billion.

The report also highlights that the percentage of volunteers who are seniors rose over the last decade, from 25.1% in 2002 to 31.2% in 2011. The report cites senior volunteers participation in such diverse activities as responding to a West Texas fertilizer plant explosion, mentoring military children experiencing separation anxiety, and driving housebound seniors to doctor’s appointments.

This volunteerism doesn’t just benefit the economy though. An earlier report from CNSC highlights a few research findings. Volunteering for seniors is shown to correlate to a higher life satisfaction than those that don’t volunteer or work for pay as well as having a positive effect on mental and physical health.

October 22, 2013

Can Molasses be Deadly?

To marine animals, it can be. Molasses, the viscous by-product of refining sugarcane, grapes, or sugar beets into sugar, is responsible for a marine animal die-off that occurred in Hawaii’s Honolulu Harbor and Keehi Lagoon.

According to a news release from the state’s Department of Health (DOH), as much as 233,000 gallons of the sticky substance spilled into the harbor from a pipeline under one of the harbor’s piers during the loading of a container ship. DOH expects the plume of molasses water to dissipate in the ocean but it warns the public against (1) going into the water and (2) eating any dead fish found in the area.

Molasses is not directly harmful to the public. But DOH explains that it pollutes the water and causes fish and other marine animals to die. This could, in turn, increase the presence of predator species such as barracuda, eels, and sharks in the area. Molasses is also rich in nutrients which could cause an increase in harmful bacteria and marine algae growth.

Subsequent to the news release, DOH and marine biologists were cited in the local news as saying the damage to marine life was worse than originally expected. In fact, the deputy director of the agency’s Environmental Health Division stated that it could be the worst environmental damage to sea life that Hawaii has ever had to address.

Hot Report: Teen Pregnancy

OLR Report 2013-R-0376 addresses four questions about teen pregnancy: (1) the teen pregnancy rates in the state's largest cities during the last 10 years, (2) the graduation rates in these cities, (3) information about New York City's teen pregnancy prevention model, and (4) information on any other successful prevention models.

We were unable to obtain town-by-town teen pregnancy rates. However, we were able to obtain town births and birth rate information for certain years. According to an official from UConn Health Center's Family Planning Program, approximately one-third of teen pregnancies do not go to term. (When determining the pregnancy rate, researchers look at the number of live births, abortions, and miscarriages.) While nationally and in Connecticut both the teen pregnancy and birth rates have fallen over the last decade and beyond, state data reveal that the largest cities continue to have much higher birth rates than the statewide averages.

Many teen pregnancy prevention models have been tried and evaluated. Two stand out for having been replicated, rigorously evaluated over the last 20 years, and found to achieve positive results in reducing teen pregnancy and other risky behaviors. One is the Carrera model, a comprehensive, multi-year approach that engages young adolescents living in impoverished communities in daily activities designed to keep them in school and focused on a future that includes college. The other model is the Teen Outreach Program (TOP). This nine-month model combines community volunteerism with classroom activities. Both programs have consistently produced positive outcomes in terms of reducing teen pregnancy and other risky behaviors. And both stress a comprehensive approach to prevention, which includes both abstinence education and access to other birth control methods.

Both models are currently being used in Connecticut cities with high teen pregnancy rates.
For more information, read the full report.

State’s Family Day Care Homes Cited by Feds

The Middletown Press has reported that federal inspectors cited all 20 of the Department of Public Health (DPH)-licensed family day care homes they inspected for violations of the Public Health Code. Cited violations included a lack of criminal background checks and safety issues, such as blocked pathways and the lack of electrical outlet covers. The homes are located in Bridgeport, East Hartford, Hartford, New Britain, New Haven, Waterbury, Windsor, and Windsor Locks.

After the report was released, two providers voluntarily surrendered their licenses. One of these was charged with risk of injury to a child and neglect after police found five unattended children in the house.

The inspectors recommended that state officials conduct more frequent inspections and develop a mandatory training program to improve health and safety compliance, among other things. Current law requires DPH to inspect at least one-third of family day care homes each year (CGS § 19a-87b). State inspectors said that they are seeking additional funding to conduct annual inspections instead of once every three years.

October 21, 2013

Zoning for Healthier Communities

Given the known connection between health and walkable communities, some policymakers are modifying zoning ordinances in hopes of improving residents’ health.  Jeff Speck, in his book Walkable City, asserts that people walk more when it is useful, safe, comfortable, and interesting. 

Walkability can be increased through purposeful zoning.  For example, horizontally-planned Los Angeles County adopted its Healthy Design Ordinance in February.  It seeks to promote walking, bicycling, and other exercise by:
  • widening minimum sidewalk widths and requiring pedestrian paths at the end of certain roads, including new cul-de-sacs;
  • forming a continuous street tree canopy by requiring increased tree planting near sidewalks;
  • requiring new and remodeled buildings to provide bike parking;
  • authorizing community gardens in more areas;
  • making it easier for farmers’ markets to get permits; and
  • requiring more specific plans for sidewalks, landscaping, lighting, street furniture, and bike parking from developers, to ensure these features are executed.
Wondering how walkable a particular community is?  Walkscore.com provides information on neighborhood retail, school, dining, and transportation options.

National Anti-Smoking Campaign Found to be Effective

A study published in the medical journal The Lancet examined the effect of a 2012 nationwide anti-smoking campaign and found it to have been successful. The authors credit the campaign with an additional 1.64 million people attempting to quit and 220,000 people actually quitting smoking.

The authors conducted a survey of smokers and non-smokers both before and after the three-month campaign known as “Tips,” which featured real people talking about the suffering that smoking caused them. They found that attempts to quit rose by 12% as a result of the campaign.

October 18, 2013

Keepin’ the Faith (in Designated Dorms)

More common among Southern colleges and universities, some campus residence halls are beginning to acquire a significantly spiritual theme.  Religious freedom (and freedom-from-religion) advocates are beginning to take notice.

The Newman Student Housing Fund, a private Catholic development company, has spearheaded an initiative to inspire religious-themed dormitories on campuses of both public and private colleges and universities.  The company is run by the same ministry that operates hundreds of Newman Centers, which are Catholic ministry centers, on non-Catholic campuses.

The fund helped to open three residence halls this year by assisting with financing and construction.  Two were at public universities (Troy University, Troy, AL; Texas A&M University, Kingsville, TX) and one was at a private secular institution (Florida Institute of Technology, Melbourne, FL).  The fund plans to open a dorm or two each year over the next ten years, looking to the South specifically due to its large churchgoing population.

The New York Times reports that national surveys show a strong interest in spirituality among college freshmen, and many students say they desire more faith-based options on campus.  However, interest groups such as the Freedom From Religion Foundation argue that a faith-based residence hall at a public university creates a space that favors religious students in violation of the Constitution. 

Hot Report: Synthetic Drug "2C-P"

OLR Report 2013-R-0377 provides background information on the drug “2C-P” and whether it is a controlled substance.

2C-P is a synthetic hallucinogenic drug. It is a “designer drug” – that is, a drug designed to evade drug laws but have similar properties as an illegal drug. 2C-P belongs to the 2C series of drugs (ring-substituted phenethylamines) similar in chemical structure to Ecstasy. The full chemical name for 2C-P is 2-(2,5-Dimethoxy-4-(n)-propylphenyl) ethanamine.

At low dosages, 2C drugs generally produce stimulating effects. Moderate or higher dosages generally produce hallucinogenic effects. Other effects of these drugs may include euphoria, increased empathy, and increased sensory perception. Users may experience nausea, vomiting, agitation, seizures, or other negative reactions; deaths have been associated with use of certain 2C drugs (Dean, 2013; Hill, 2011).

2C-P is a Schedule I controlled substance under federal law (21 USC § 812; 21 CFR 1308.11). Schedule I drugs are those that have been determined to (1) have a high potential for abuse, (2) have no currently accepted medical use in treatment in the United States, and (3) not be safe for use under medical supervision (21 USC § 812). 2C-P was added to the Federal Controlled Substances Act effective July 9, 2012, as part of the Synthetic Drug Abuse and Prevention Act of 2012 (P.L. 112-144, Title XI, Subtitle D). That act added 26 substances to the list of Schedule I drugs, including nine 2C series substances.

In Connecticut, controlled substances are listed in Department of Consumer Protection (DCP) regulations (Conn. Agencies Reg., §§ 21a-243-7 to 21a-243-11). 2C-P is not currently on Connecticut's list of controlled substances. DCP has the authority to add substances to the controlled substances list by regulation; the legislature can also enact legislation directing the department to amend its regulations to add specific substances to the list. According to Gary Berner, DCP's legislative liaison, the department is actively considering amending its regulations to add 2C-P to the list of Schedule I controlled substances.

For more information, read the full report.

Effect of Alternative Financial Services on Traditional Banking

A recent article in The Atlantic Cities highlights several reasons why the poor have generally been using alternative financial services over traditional commercial bank accounts.  According to the article, the alternative financial services industry (such as check cashers and payday lenders) has been growing rapidly in low and moderate income communities.  The article classifies this segment of the population as the unbanked or underbanked.  As many as 17 million people nationwide are unbanked and millions more use alternative financial services even if they have a traditional bank account. 

The article attributes this phenomenon to things such as the:
  1. depersonalization of traditional commercial banking,
  2. lack of discretionary income in low and moderate income households,
  3. absence of traditional banks in poor areas,
  4. relatively high transaction fees and penalties of commercial banks, and
  5. convenience and personalization of alternative financial service providers such as check cashers.
The article suggests that traditional banks could address this by (1) being more service oriented and (2) developing alternative service structures for lower income customers, such as limiting overdraft fees.

October 17, 2013

Strategies to Keep Kids Out of Gangs

A new National Institute of Justice report proposes several strategies that schools, law enforcement, public health officials, and other partners can employ to stop kids from joining gangs. The report examines why youth join gangs, explores child development issues, and identifies the consequences and risks associated with joining gangs.

Among its conclusions are that the risks for delinquency and violence increase after a young person joins a gang. Young gang members are also at higher risk for substance abuse, high-risk sexual behavior, dropping out of school, criminal behavior, and numerous other negative consequences. The report says that preventing youth from joining gangs has the potential for enormous cost savings for communities in terms of medical, law enforcement, incarceration and lost productivity costs.

New York City Physicians Prescribe Fruits and Vegetables

According to a recent NPR article, the nonprofit organization, Wholesome Wave, partnered with New York City physicians and farmers markets to create the Fruit and Vegetable Prescription Program (FVRx). The program is designed to help overweight and obese children at risk of developing Type 2 diabetes and heart disease. Physicians meet weekly with children enrolled in the program and give them fruit and vegetable prescriptions that they can redeem at 140 participating farmers markets for locally grown fruits and vegetables. Participants receive $1 per day for each person in their family (e.g., a family of four receives $28 per week).

Wholesome Wave operates FVRx programs at 12 sites in seven states and the District of Columbia, including Massachusetts, Maine, and Rhode Island.

October 16, 2013

The Competitive Advantage of Simplicity

Business people and policy analysts use the term, “competitive advantage” a lot. For business people, it usually means making a product or delivering a service their competitors can’t match. For policy analysts, it means creating an economic climate that spawns new businesses, keeps existing ones, or attracts those in other states.

One way to gain competitive advantage that both groups seemed to have overlooked is to practice KISS, that is “keep it simple, stupid,” not the rock group, KISS (which seems to have a pretty good business model). The competitive advantages that flow from simple and easy to use or understand products and services is a major theme running through Alan Siegel’s and Irene Etzkorn’s new book, Simple: Conquering the Crisis of Complexity.  

After describing how complexity is “costing us money, undermining government and business, and putting our health and even our lives at risk,” the authors describe why it takes hard work to simplify the things we make or communicate. “People are naturally inclined to take the easy way out—one that doesn’t involve such onerous tasks as going through multiple design cycles to make a product as simple as possible.”

Why does it take hard work? Because making things simple requires designing and making products or services with the customer’s needs and circumstances in mind. This takes empathy, which means “imagining the context in which someone will buy, read, or use the product or service you’re offering, then designing that offering to reflect those needs first and foremost.”

But the work gets harder because empathy forces makers to narrow the available options. “Successful simplifiers distill whatever they’re offering down to its essence. It’s one of the most challenging aspects of simplification, because distillation requires focus and discipline in the face of the constant temptation to add on, expand, and complicate.” But simplification is achieved only if the final product is clear and simple.

There are other things that get in simplicity’s way, including breaking old institutional habits. According to Siegel and Etzkorn,

Simplifying a company and its culture goes beyond communication challenges. It can require significant restructuring aimed toward streamlining processes, rooting out layers, and knocking down walls. One major problem is that companies are often divided into vertical silos—a structure that fosters complexity. Each division has its own rules, its own objectives, and its own turf to protect. Meanwhile, the larger, overarching goal—of, say creating the best overall experience for a customer—becomes splintered and fragmented among specialized, often competing groups within the company.

Hot Report: Plastic Bag Reduction Methods

OLR Report 2013-R-0332 summarizes of how state and local governments discourage the use of plastic carryout bags.

Governments, mostly county and municipal, discourage the use of plastic carryout bags through bans, fees, mandatory recycling requirements, and education programs. Many that do are located in coastal states, and the provisions of their implementing ordinances vary considerably.

The ordinances generally apply to certain types of bags or businesses. Some provide for specific alternatives and others impose criminal or civil penalties for noncompliance. Some ordinances also aim to reduce or eliminate the use of paper carryout bags. Many exempt plastic bags used for certain purposes, such as those used to carry fruit, vegetables, nuts, candies, or other loose items (i.e., produce or product bags). They often explicitly allow the use of reusable bags, which are generally handled-bags designed for multiple reuse and made out of cloth or some other durable or machine washable fabric. Plastic reusable bags must often be at least 2.25 mils (.00225 inches) thick. If an ordinance allows for the use of recyclable paper bags, the bags must often be 100% recyclable, made of at least 40% post-consumer recycled content, and labeled as “reusable” or “recyclable.”

No state has banned the use of plastic carryout bags on a statewide basis, but many counties and municipalities have imposed local bans. North Carolina's legislature adopted a ban that applies only to its Outer Banks region. By July 2015, all four of Hawaii's counties will ban these bags, with varying exemptions, thus creating a de facto statewide ban. Barrington, Rhode Island's ban sunsets in 2015 unless the Town Council renews it. Westport is the only Connecticut municipality that bans plastic bags for retail checkout of purchased goods. Brookline, Massachusetts bans non-compostable and non-marine degradable plastic bags, but provides temporary waivers for food service establishments that can show an economic hardship or that they have no alternative to the checkout bags.

Like plastic bag bans, no states impose a fee or tax on plastic carryout bags, but several local jurisdictions do. For example, Montgomery County, Maryland and Washington, D.C. impose a five-cent per bag charge, while Boulder, Colorado imposes a 10-cent fee. The fees also apply to paper bags. Most of the revenue generated by these fees is used for environmental projects.

Some municipalities, particularly in California, couple plastic bag bans with fees on paper bags. Sunnyvale, California, for example, bans plastic carryout bags and imposes a 10-cent per bag fee, increasing to 25-cents in 2014, on recyclable paper carryout bags. It staggered the date by which stores were required to comply with its requirements, giving smaller stores more time to do so.

Madison, Wisconsin bans the disposal of non-contaminated recyclable plastic bags, including most grocery and retail bags, which must be separated from other solid waste and recycled.

Although the above methods may include an informational or educational component, some localities rely primarily on education programs to reduce plastic bag use. For example, Tuscan, Arizona requires retailers to (1) train employees on how to reduce their use, (2) educate customers on the environmental benefits of recycling or reducing the use of these bags, and (3) implement a public education program. It also requires them to collect and recycle plastic bags and report data on plastic bag use. In 2011, Wilton, Connecticut conducted a six-month educational program to decrease disposable bag use that, among other things, distributed free reusable bags to consumers.

The methods described above represent a sample of those used across the nation. More information about these and other approaches is available at several websites, such as plasticbaglaws.org and banthebag.com, which track plastic bag laws.

For more information, read the full report.

New York Thruway Promotes “Text Stops”

New York State is giving cell phone users a safe alternative to texting while driving, alerting motorists on the New York Thruway to the presence of nearby rest stops and parking areas in which they can text to their heart’s delight.
As reported on WNYC.org, the state is erecting nearly 300 signs on the highway pointing out “Text Stops” on the road ahead.

The state is also putting up additional signs informing drivers of new, tougher anti-texting penalties – five points on a New York state driver’s license and a $150 fine.

Connecticut, which recently increased its penalties for texting while driving and other cell phone violations ($150, $300, and $500 for first, second, and subsequent violators respectively), has created a distracted driving task force to study the best ways to reduce distracted driving in the state.

October 15, 2013

They’ll Always Have Paris

The beginning of freshman year in college is always a time of change, with students moving into dorms, meeting new people, starting classes, and trying to figure out what the heck is going on.
And for freshmen at Centenary College, a trip to Paris could soon become part of the mix.

According to a recent article in Inside Higher Ed, the college is planning to take all of its freshmen to Paris in Fall 2014 for an eight to 10 day trip led by college faculty members. It does not yet know what classes will be offered or where students would stay, but plans to cover the costs with tuition revenue.

While study abroad programs have long been part of the college experience, the article indicates that Centenary is believed to be the first college to take an entire class on a trip abroad. The college, located in Shreveport, LA, has 661 students, and expects to take about 150 on the trip.

Look Ma! Without Football, I Have Time for My Homework!

Are high school sports a huge, costly distraction from the real job high schools face: educating young people? That’s the question posed by "The Case Against High-School Sports" in the October issue of the Atlantic.

High schools sports can teach leadership and teamwork and create tremendous school spirit. But they also divert money and attention from the classroom, where students are taught the skills needed to get good-paying jobs.

The article's author writes: "Sports are embedded in American schools in a way they are not almost anywhere else in the world. Yet this difference hardly ever comes up in domestic debates about America’s international mediocrity in education."

When a budget crisis forced one Texas school district to cut sports last year, some unexpected benefits appeared. The percentage of students passing classes jumped from 50% to 80%. While this couldn’t be attributed exclusively to the end of sports, it was a factor.

“It did make you focus,” said one former football player. “There was just all of this extra time. You never got behind in your work.”

October 14, 2013

Post-Traumatic Disorder Negatively Affects the Earnings of Military Reservists

Data on more than 315,000 reservists returning from deployments between 2003 and 2006, combined with longitudinal labor market earnings data, indicate that reservists who have post-traumatic stress disorder (PTSD) symptoms earn up to 6% less than they would have earned if they had not had such symptoms in the first four years following deployment, according to a recent RAND Corporation study.

Another key finding of the study is that reservists symptomatic of PTSD earn substantially less than average in both their military and civilian employment prior to deployment. According to the report more research is needed on how PTSD and the factors that make individuals susceptible to it affect military careers.

Hot Report: Incentives to Convert to Natural Gas

OLR Report 2013-R-0369 describes existing and proposed incentives for people to convert to natural gas from other fuels.

While there currently are no incentives specifically for converting to natural gas from other fuels, there are incentives for buying energy efficient heating equipment. Such equipment is eligible for federal income tax credits and rebates. The tax credits apply to equipment bought in 2013. There are also low-interest loan programs that can be used for such equipment. In addition, Energy Star® rated residential gas furnaces and boilers are exempt from the state sales tax.

Legislation passed this session (PA 13-247 and PA 13-298) requires the establishment of programs to help customers finance replacement heating equipment. These programs could be used to finance gas heating equipment that replaces oil equipment; they also could be used by customers who do not switch fuels.

PA 13-298 also changes how gas system expansions are financed, which potentially will make it less expensive for some customers to switch from oil to gas. It also requires the gas companies to develop a gas system expansion plan. Under this plan, the companies have proposed several incentives for new gas customers.

For more information, read the full report.

23.9 Million Americans Use Illicit Drugs

According to the 2012 National Survey on Drug Use and Health, an estimated 23.9 million Americans age 12 or older were current illicit drug users.  This means that they used an illicit drug during the month before the survey interview.  This represents 9.2% of all Americans in this age group, a similar rate to those found by the survey from 2009 to 2011 but higher than the rates from 2002 to 2008.

The survey found that:
  1. 9.5% of youth aged 12 to 17 were current illicit drug users (rates varied from 9.3% to 11.6% since 2002) and
  2. 21.3% of young adults age 18 to 25 were current illicit drug users (an increase from 19.7% in 2008 which the survey attributes primarily to increased marijuana use).
The survey notes larger increases among adults age 50 to 64 as the baby boom generation, which has had higher rates of drug use than older cohorts, ages into these groups.  From 2002 to 2012, rates increased from (1) 3.4% to 7.2% for those age 50 to 54, (2) 1.9% to 6.6% for those age 55 to 59, and (3) 1.1% to 3.6% for those age 60 to 64.

The survey, sponsored by the Substance Abuse and Mental Health Services Administration (SAMHSA), also includes data on alcohol and tobacco use, youth prevention measures, and treatment. 

October 11, 2013

Federal Labor Department Says Supreme Court Ruling Means FMLA Applies to Same-Sex Spouses in CT

The U.S. Department of Labor recently made it official that in the wake of the Supreme Court ruling that nullified the Defense Against Marriage Act (DOMA), the federal Family Medical Leave Act (FMLA) will now apply to same-sex marriage partners in states that allow same sex marriage. Before this, federal FMLA job protection benefits were not provided to same-sex married couples if, for example, one spouse wanted to take an unpaid leave to care for his or her ill spouse. Daniel Schwartz writes about this at the Connecticut Employment Law Blog.

In Connecticut, which has its own FMLA, same sex couples have been recognized in law since a Connecticut Supreme Court ruling in 2008, followed by legislation in 2009, and therefore have been eligible for benefits under the state law. Before the new federal ruling, the state and federal laws conflicted regarding same-sex couples. The ruling and the new guidance provided by the federal Labor Department should help clear up any confusion employers may have over which laws apply.

The Potential for a Modern Tragedy of the Commons

Arguably, allowing for-profit businesses to use public parks free-of- charge to hold yoga classes or exercise boot camps hasn’t created a modern-day “tragedy of the commons,” something that happened in the past to when farmers were allowed to let their animals graze on town greens and unintentionally deplete them. But municipal parks and recreation officials across the country are wondering whether it’s fair to exempt these businesses from paying user fees. After all, these officials charge people for using tennis courts and other athletic facilities; families for using picnic shelters; and organizations for using the park to hold road races, benefit walks, and other events.   

In Denver, officials are considering a tiered fee system. For-profit instructors would pay a flat use-fee that would vary depending on the time of day and a park’s popularity. For example, an instructor conducting a 90-minute class would pay $32.50 for using a popular park at peak time (5 to 8 am), regardless of the number of participants. Proponents say this practice would help manage the number of groups using the park, pay for increased maintenance costs, and fill local coffers, while putting these businesses on the same footing as others who pay to use a park’s facilities. 

Some critics say the fees would unfairly burden the poor, drive park users to other towns that don’t impose such fees, and increase traffic.

Others say municipalities shouldn’t allow for-profit classes to be held in public spaces maintained with tax dollars. Doing so, they argue, would constitute “the socialization of overhead costs.”

Atlantic Cities has a discussion of the issue.

October 10, 2013

Rebalancing the Property Tax Burden through User Fees

The property tax is the one-trick revenue pony for Connecticut’s cities and towns.  The burden of the real property tax is borne by all the people who own property subject to the tax, including homeowners, landlords, retailers, and manufacturers. The burden varies for these property owners depending on their income and a municipality’s mix of taxable and tax- exempt property.

But here’s the rub for cities and larger towns, which are usually home to many tax-exempt organizations such as churches, hospitals, universities, charities, social service agencies, government offices, and other statutorily exempt organizations. As the demand for and cost of municipal services escalate, mayors and selectmen face some hard choices, including cutting services or increasing taxes.

For example, the latter—increasing taxes—means squeezing more revenue out of the existing tax base, which, in some cities, may be shrinking. One way to avoid tax increases is to charge fees to people and organizations that use a specific municipal service and use the fee revenue to cover the administrative expense of delivering that service. This is what Easton, Pennsylvania does; it charges construction code building fees, plumbing inspection fees, zoning hearing fees, and push-cart vendors’ license fees.

Does this sound good? Why shouldn’t people and businesses pay fees for services only they use? Many already do. After all, user fees are based on “the benefits principle,” the idea that the person who benefits pays. But this “principle runs head on into the ability to pay principle,” Institute on Taxation and Economic Policy director Matthew Gardner stated. Not all residents and businesses have the same ability to pay.

This is one of the things you have to watch for, Governing’s Katherine Barrett and Richard Greene explained, “…there are legal principles dictating that user fees be used for the services provided, not just dumped into the general fund.” Quoting the National Conference of State Legislatures, the authors stated, “If user charges exceed the cost of providing services, or if separate accounting is not used, governments are vulnerable to court rulings that such charges are taxes.” Another policy paradox.


Hot Report: Definition of the Term "Minor" Under Connecticut Law

OLR Report 2013-R-0382 describes how Connecticut law defines the term “minor.”

Connecticut statutes expressly define the term “minor” at least eight different times. Depending on the purpose for which the definition is being used, a “minor” can mean a person under age 16, 17, 18, or 21. The definition with the widest applicability throughout the statutes classifies a minor as any person under age 18 (CGS § 1-1d).

That statute also establishes that the “age of majority” in Connecticut is 18, and it considers anyone who reaches this age an adult. Here again, though, the law varies with respect to when someone is considered to be old enough to have a certain responsibility or privilege. For example, an individual (1) must be over age 18 to become a police officer or obtain a gun permit but can be (2) under 18 to obtain a driver's license.

For more information, read the full report.

Supreme Court Considers Challenge to Aggregate Contribution Limits

The U.S. Supreme Court recently heard arguments in a case that challenges aggregate contribution limits in federal election cycles.

In addition to limiting the amount an individual may donate to each candidate, political party, or political action committee (PAC), 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 Court strikes down the aggregate limit, 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 plaintiffs argue that the aggregate limits violate the First Amendment.

The case, McCutcheon v. Federal Election Commission, will likely be decided in 2014.

October 9, 2013

Safety Experts Identify Top Car-Seat Mistakes and Remedies

As reported in the Washington Post, AAA child safety experts recently identified the 12 most common car-seat mistakes parents make and corrective actions for each. The list includes:

1. Moving a child out of a booster seat too soon. Children may sustain abdominal or chest injuries if they use an adult seat belt prematurely.
Remedy: Do not transition a child out of a booster seat until he or she is between age 8 and 12 and tall enough to sit with his or her back against the seat, knees bent at the seat edge, and feet touching the floor.

2. Not properly tightening car seats during installation.  A child is vulnerable to greater crash forces if the seat belt or anchor connection is too loose.
Remedy: Tighten the seat so that it does not move more than one inch in any direction when tested at the belt path.

3. Using loose harness straps.  Loose harnesses will not properly restrain a child in a crash.
Remedy: Make sure the harness straps are not twisted and lay flat. When fastened, it should not be possible to pinch any extra harness material at the child’s shoulder.

4. Placing the retainer or chest clip too low.  If the retainer clip, which is designed to keep the child in the seat in a crash or sudden stop, is too low, the child may come out of the harness or suffer abdominal injuries.
Remedy: Fasten the retainer clip at the child’s armpit level.

5. Turning a child face-forward too soon.  A child who rides facing forward before age two is vulnerable to head, neck, and spinal cord injuries.
Remedy: A child should remain in a rear-facing car seat until he or she reaches the upper weight and height limits the car seat manufacturer recommends.

6. Allowing children under age 13 to ride in the front seat.  Most children under age 13 are too small to sit in the front seat and may be seriously injured by the car’s airbags in a crash.
Remedy: Children 12 and under should sit properly restrained in the back seat.

Click here to read the remaining car-seat mistakes and remedies on AAA’s list.

Emerald Ash Borer Continues to Spread in Connecticut

The Connecticut Agricultural Experiment Station (CAES) recently announced that tests confirm the presence of emerald ash borers (EAB), an invasive insect, in four Connecticut counties: Fairfield, Hartford, Litchfield, and New Haven.  Previously, the state and federal governments imposed quarantines regulating the movement of firewood and ash products from within New Haven County to other areas.  CAES states the scope of the quarantines will expand due to the detection of EAB in other counties.
 
Regulations also restrict the movement of firewood from out-of-state into Connecticut.  These regulations attempt to prevent EAB and other invasive insects from entering Connecticut through the movement of firewood.

The EAB is responsible for the death and decline of tens of millions of ash trees in the United States.  It has been found in 20 states from Kansas and Michigan to New Hampshire and south to North Carolina.  Ash makes up between 4% and 15% of Connecticut’s forests.

The Hartford Courant reports that local arborists are studying the EAB to learn how to (1) spot it, (2) save trees, and (3) prevent its spread.

October 8, 2013

Uneven Recovery Following Housing Bust

According to a recent Bloomberg article, the economic recovery is reaching more white households than African American households.  The article cites a Pew study that found white households’ median wealth is 20 times that of African Americans, a gap twice the pre-recession size. 

The disparity is tied in large part to the housing bust.  According to Pew, African American households’ financial portfolios are much more dependent on their housing wealth than other assets (e.g., a 401(k) or stocks).  So, when the housing bubble burst, it disproportionally affected African Americans.  Bloomberg reports that the homeownership rate for African Americans fell from 50% during the housing bubble to 43% in the second quarter of 2013, its lowest rate since 1995.  According to the U.S. Census Bureau, the homeownership rate for whites stopped falling two years ago, settling around 73%, only 3 percentage points below the 2004 peak.

Analysts say “reverse redlining,” the predatory lending practice of steering minority borrowers toward high-cost mortgages, is partially to blame.  When the housing bubble burst, banks foreclosed on these subprime mortgages.  One in 10 African American borrowers lost their home, double the foreclosure rate for whites. 

Analysts say that African Americans’ homeownership rate may be slow to return to its pre-recession number for a number of reasons including stricter underwriting standards; high unemployment among African Americans; and a lack of affordable housing due to purchases by flippers, private equity firms, and other cash buyers.

Hot Report: Other States' FOI Exemptions Protecting Personal Privacy

OLR Report 2013-R-0384 examines whether other states' freedom of information (FOI) laws exempt certain records from disclosure under a provision (1) generally protecting a person's privacy or (2) limiting disclosure of law enforcement investigatory records when disclosure would violate a person's privacy. It specifically looks at laws that might apply to crime scene photos, 911 tapes or transcripts, and autopsy reports.

The report found 11 states with general exemptions in their FOI laws limiting disclosure of records in order to protect personal privacy, with the majority of these states protecting against unwarranted invasions of privacy. FOI laws in an additional four states protect privacy but it is unclear whether these states' laws cover the records you asked about. Not included in this report are provisions that limit disclosure of personal information in personnel or medical files, as these provisions would not apply to the records under the circumstances described above. In addition, research focused on each state's FOI laws and it is possible that a provision could be found elsewhere in a state's statutes.

Most states' FOI laws limit disclosure of law enforcement investigative records. Some states prohibit disclosure of these records at any time while others only do so during an investigation. Some also limit disclosure to certain circumstances, such as protecting someone from physical harm, protecting investigative techniques, or protecting personal privacy. The report found eight states that consider personal privacy interests when determining whether to disclose law enforcement investigative records.
For more information, read the full report.

Federal Government Shutdown Puts WIC Program in Jeopardy

The U.S. Department of Agriculture (USDA), through the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) program, provides federal grants to states “for supplemental foods, health care referrals, and nutrition education for low-income pregnant, breastfeeding, and non-breastfeeding postpartum women, and to infants and children up to age five who are found to be at nutritional risk.”

According to the Washington Post, the USDA says it should be able to provide WIC benefits through October, but if the shutdown continues beyond the end of the month, continued funding is uncertain.
The Department of Public Health (DPH) administers Connecticut’s WIC program. According to DPH, 58,000 clients currently receive WIC benefits. The department recently posted the following message on its website:
As of midnight October 1, the federal government has shutdown. However, the Connecticut WIC Program is able to continue to provide services to participants for the time being by using current available funds. The state WIC Program will continue to monitor and assess the situation and provide updates as needed.

October 7, 2013

One-Fourth of Deaths from Cardiovascular Disease are Avoidable, but Rate is Declining

A recent report from the Centers for Disease Control and Prevention (CDC) estimates that nearly ¼ of deaths from heart disease, stroke, or hypertensive disease are avoidable.  Avoidable deaths include those involving conditions that are preventable or treatable.  The report defines avoidable deaths as those in persons under age 75 with an underlying cause of ischemic or rheumatic heart disease, cerebrovascular disease, or hypertensive disease.

Using 2001-2010 mortality data from the National Vital Statistics System, the report estimates that there were 200,070 avoidable deaths from such cardiovascular diseases in 2010 across the country. The highest rates of such avoidable deaths were among people who were (1) ages 65-74, (2) male, (3) non-Hispanic black, or (4) in the South.  Black males showed the highest rate of avoidable deaths during the period being studied.

The overall rate of such avoidable deaths declined by 29% from 2001 to 2010; the rate decreased in each state during that period.  Connecticut is among the states with the lowest rate of such avoidable deaths; the state had an average annual decline in such deaths of 5.7%.

Some of the CDC’s recommendations to further decrease such deaths include (1) promoting the “ABCS” of heart health (aspirin when appropriate, blood pressure control, cholesterol management, and smoking cessation); (2) community prevention strategies (such as tobacco control and reducing sodium); and (3) team-based collaborative care. 

Despite Federal Government Shutdown, Sikorsky Avoids Furloughs (Update)

Last week 1,400 employees at United Technology’s Sikorsky division were facing unpaid furloughs due to the federal government shutdown. But over the weekend, the Defense Department announced civilian defense employees can come back to work.

It happened when U.S. Defense Secretary Chuck Hagel invoked a recently passed law that authorizes the Defense Department to bring back most civilian employees despite the ongoing federal government shutdown. The "Pay Our Military Act" was signed by President Obama last week, clearing the way for some 350,000 civilian defense workers nationwide to return to their jobs.

According to the Connecticut Post, Sikorsky announced late Saturday that employees should return to work Sunday night. An automated message at Sikorsky headquarters, updated at 9:30 p.m. Saturday, informed employees that Sunday's third shift was scheduled to go on as it had before the shutdown.

Sikorsky initially planned as many as 2,200 furloughs in Connecticut and Florida, but by late last week the number dropped to 1,400 in Connecticut only, according to numerous reports. Sikorsky manufacturers Black Hawk helicopters at its Stratford plant.

Paper Shredding Guidelines

The Department of Consumer Protection’s (DCP) website suggests some guidelines for shredding and saving personal documents.  For example, DCP suggests keeping canceled personal checks and pay stubs for a year and then shredding them unless they are needed for tax, warranty, or insurance reasons.

In addition to documents that should be shredded, DCP lists documents that should be kept permanently in a fireproof box or home safe, including, among other things, birth certificates, wills, and passports.

DCP also provides information about upcoming paper shredding events, where citizens can go to shred these documents.

October 4, 2013

Health Insurance Exchanges Open for Business

The October 1, 2013 edition of the Hartford Courant describes the roll-out of the health insurance exchanges created under the Affordable Care Act. According to a federal source cited by the article, the federal system serving uninsured consumers in 36 states was functioning but the large volume of online traffic was causing problems loading pages. The Department of Health and Human Services reported more than 1 million people had visited the system's website, HealthCare.gov, in the past day, a five-fold increase. In contrast, according to the article, users in some states with state-administered exchanges, including Connecticut, California and Rhode Island were able to successfully create profiles.

Health insurance plans participating in the exchanges must provide a broad range of benefits that were not necessarily part of individual policies in the past, including mental health services, birth control, and preventive care. The act’s insurance market reforms include a ban on discrimination based on gender and health history.

Draft Task Force Report on Future of Legal Education

In September, the American Bar Association’s Task Force on the Future of Legal Education released its draft report and recommendations.   Following are examples of the draft report’s principal conclusions:
  • The current law school pricing and funding mechanism needs to be re-examined.  For example, many of the students incurring large student loan debt are those whose incoming credentials are the weakest (and thus, they may have a lower potential return on their investment).
  • The ABA’s system of accrediting law schools is too standardized, and should better facilitate innovation in schools and programs.
  • While many schools have begun to offer more practical training, there needs to be even more emphasis on skills training, experiential learning, and practice-related competencies.
  • To improve access to legal services among those who cannot afford lawyers, state entities that regulate the legal profession should consider (1) licensing non-lawyers to provide certain legal services and (2) authorizing non-traditional routes to bar admission.    
The task force was created in 2012, and is charged with making recommendations concerning the economics and delivery of legal education. The task force is accepting comments on the draft report until October 28.

October 3, 2013

Study Finds Videogame Strengthens Seniors’ Brains

According to a recent New York Times article, video games may delay or even reverse the negative effects of aging on seniors’ brains. A new study published in Nature found seniors who played a specific multi-tasking video game experienced significant improvements in memory and multi-tasking skills.

The study, conducted by researchers at the University of California, San Francisco, used a video game called NeuroRacer, which requires players to drive a car on a winding road with their left hand, while identifying road signs that they need to shoot down with their right hand. When initially testing the game on subjects in their 20s through 70s, researchers found that memory and multi-tasking skills significantlydeclined with age.

However, the authors then trained a group of seniors between ages 60 and 85 on the game for 12 hours over a one-month period. After the training, seniors earned higher scores than untrained subjects in their 20s. Seniors retained their increased performance levels after six months, even though they did not practice during that time. In addition, they performed better at memory and attention tests outside of the video game.

Researchers also measured subjects’ brain waves, finding increased levels of theta waves, which are associated with attention, in subjects in their 60s to 80s.

Federal Government Shutdown Leads to Connecticut Private Sector Furloughs

The lack of an agreement in Washington to fund the federal government is being felt quickly in Connecticut. United Technologies says it may furlough more than 5,000 workers if the government shutdown continues into next month.

According to the Connecticut Post, the company said Wednesday that its Sikorsky division, which makes Black Hawk helicopters, would be hit first. It expects nearly 2,000 employees, including those employed at facilities in Connecticut, Florida and Alabama, will be furloughed Monday, October 7.
The Hartford-based manufacturer said it would halt some defense manufacturing because government inspectors have been furloughed. That leaves Sikorsky without the necessary federal approvals to make military products.

If the shutdown continues through next week, the furloughs would extend to its Pratt & Whitney and UTC Aerospace Systems division, bringing the total number of employees on hold up to 4,000. That number could exceed 5,000 if the shutdown stretches into next month.

Violent Crime Reports Increased Slightly Last Year; Property Crime Reports Decreased

Violent crime reports increased last year in the United States by .7%. and property crime reports declined by .9%, the FBI reported last month. The estimated rate of violent crime was 386.9 offenses per 100,000 people and the property crime rate was 2,859.2 offenses per 100,000 inhabitants. While the violent crime rate was virtually unchanged compared to the 2011 rate, the property crime rate fell 1.6%.

Among the estimated 1,214,462 violent crimes reported, murder was up 1.1%, as was aggravated assault, and forcible rape was up 2%. Among the estimated 8,975,438 property crimes reported, burglaries declined 3.7%, motor vehicle thefts increased .6%, and the number of larceny thefts remained unchanged.

Click here for more FBI national crime data. 

October 2, 2013

California’s New Renewable Sharing Program

According to Sustainablebusiness.com, the California state legislature recently passed SB No. 43, to create a new Green Tariff Shared Renewables Program.  (Governor Brown signed the bill into law on September 28th.) The new law will allow people to buy shares in a renewable energy project and then get credits on their electricity bill for their share of the electricity generated by the project.  The program will be open to customers of the state’s biggest utility companies.  Generation under the program is capped at 600 megawatts (MW), and at least 100MW must be available to residential customers, and 100MW must be built in disadvantaged communities.  The electric companies must contract with energy developers for the power and manage their participating customers’ accounts, for which they can charge an administrative fee.

Hot Report: Crimes Against Children

OLR Report 2013-R-0329 provides information on violent crimes against children under age 12.

Most of the available data grouped all crimes against individuals under age 18 together. The FBI's National Incident-Based Reporting System (NIBRS) appears to be the only national database to provide detailed information on the age of child violent crime victims. The most recent NIBRS data was compiled in 2008. This report includes information about child victims under age 18 as well as those age 12 and under.

According to NIBRS data analyses, (1) approximately 1.3 million crimes known to the police in 2008 were committed against children under age 18, representing 9% of all known crime victims and (2) approximately 25% of these victims were under age 12. These numbers include children who were direct victims of crimes as well as those who were indirectly victimized by witnessing criminal acts.
The University of New Hampshire's (UNH) Crimes Against Children Research Center has examined data states submitted to NIBRS and reported on characteristics of perpetrators and victims of crimes committed against children. While some of the analyses address children under age 12, they show that most victims were over age 12.

In 2008, the Office of Juvenile Justice and Delinquency Prevention (OJJDP) and Centers for Disease Control and Prevention's (CDC) developed the Children's Exposure to Violence (NatSCEV), which measured both past year and lifetime exposure of children age 17 and younger in seven victimization categories, all of which had some direct or indirect connection to violent crime. The data and subsequent analyses revealed trends in victimization reporting and the types of victimizations that occurred at each developmental stage. These analyses reinforce the notion that (1) young children can be victims of violent crime simply by witnessing them and (2) it is difficult to get a complete and accurate assessment of the degree to which victimization occurs.
For more information, read the full report.

SCHIP and Medicaid Participation Suggest Fewer Children Uninsured but More Outreach May be Needed

A new brief from the Urban Institute suggests that more children from lower income families are enrolling in state Medicaid or State Children’s Health Insurance Program (SCHIP) programs. The authors looked at recent data from the American Community Survey to reach this conclusion.
They found that in the U.S. in 2011, 87.2% of those children who were eligible for either program were enrolled, a 5.5% increase over 2008. Connecticut’s combined enrollment percentage was 94.7%.

With these improvements, the researchers noted, came a concomitant decrease in the number of children eligible for Medicaid or SCHIP but uninsured. In 2011, there were 4 million of such children, a drop from 4.9 million children in 2008.

The brief also points to enrollment and uninsured rate disparities. While Connecticut had a relatively low number of still uninsured eligible children (14,000), Texas and California each had nearly 600,000 such children.

October 1, 2013

“A Day Missed Is A Day Missed. . .”

“If you’re not there, you can’t benefit from instruction.”  “All the school reform in the world won’t help students who aren’t in school.”  These are recent, seemingly obvious observations from education advocates.  However, as a recent Stateline report alarmingly points out, “states that investigate chronic absenteeism are often surprised at the extent of the problem.”

Chronic absenteeism is defined differently among states, but the most common definition is when a student misses at least 10% of the school year for any reason (i.e., excused or unexcused absences).  Just how bad is the problem?  A 2012 Johns Hopkins University School of Education study estimated that between 10% and 15% of U.S. students (5 to 7.5 million) are chronically absent.  Low-income urban areas see a rate around 33%. 

States are beginning to focus on this epidemic because research points to chronic absence as a precursor to low grades and dropping out.  Several states are taking steps to address chronic absence, which range from enacting a school funding formula that requires every district to monitor its chronic absence rate (California), using a data system to track which students have missed more than 5% of school days (Hawaii), and allowing the public to view chronic absence rates at every public school on the state’s report card website (Maryland). 

Individual school districts are also making efforts on the local level.  New York City launched a campaign to get children to school through its Interagency Task Force on Truancy, Chronic Absenteeism, and School Engagement.  Principals in Connecticut’s New Britain school district held back-to-school orientation breakfasts and open houses to remind parents that a child falls behind academically when absent, arriving late, or leaving early from school.  In Hartford, where around 22,000 students were chronically absent last year, city schools are working with the Hartford Campaign for Grade-Level Reading on a September “Attendance Awareness” initiative.  This initiative publicizes the impact of chronic absenteeism, particularly during the developmental early school years.

Technology Hurting the Middle Class?

The ability of computers to quickly perform routine tasks has “fostered a polarization of employment,” according to two economics professors writing in the New York Times online, by reducing the number of mid-level paying jobs, while leaving the highest and lowest paid occupations largely untouched.

“Demand for highly educated workers who excel in abstract tasks is robust, but the middle of the labor market, where the routine task-intensive jobs lie, is sagging,” write David Autour and David Dorn. Autour is an economics professor at MIT; Dorn teaches economics at the Center for Monetary and Financial Studies in Madrid, Spain.

Mid-level jobs are at risk, they write, because computers excel at such tasks as “organizing, storing, retrieving and manipulating information, or executing exactly defined physical movements in production processes. These tasks are most pervasive in middle-skill jobs like bookkeeping, clerical work and repetitive production and quality- assurance jobs.”

At the same time, they write, this computerization has increased demand for workers who perform “non-routine tasks that complement the automated activities.” These can be abstract tasks requiring problem-solving skills and creativity or “manual” tasks requiring “situational adaptability, visual and language recognition and in-person interaction,” such as preparing a meal or driving a truck.

This has resulted, they say, in job growth that is “concentrated in both the highest- and lowest-paid occupations, while jobs in the middle have declined.”

A critique of the article can be found here.