Housing the Homeless Saves Money in the Long Run

60 Minutes and Planetizen recently reported on state and local programs that permanently place chronically homeless people in free or subsidized apartments with no strings attached.  Why provide housing for these people regardless of their efforts to become self-sufficient?  Because it appears that chronically homeless people, many of whom have medical conditions or substance abuse problems, are more likely to require emergency room care or spend time in jail than those who were chronically homeless and now reside in permanent apartments where social workers check up on them.

Utah, for example, calculated that chronically homeless persons cost taxpayers on average $16,670 a year in emergency room visits and jails stays.  But, the average cost of providing an apartment and social worker for such individuals is only $11,000 a year.  So, the state began putting the homeless in apartments and connecting them with social workers and caseworkers.  In nine years, Utah has reduced the chronically homeless population by 74% and is on track to completely eradicate chronic homelessness by 2015.

Hot Report: Drug Testing in the Workplace and in Public Schools

OLR Report 2014-R-0048 answers the question: What is the law controlling drug testing of employees in the workplace and students in public schools?

Among the various types of employee drug testing conducted, four categories standout as the most common:

1. pre-employment testing is conducted prior to hiring a new employee to prevent hiring of people that use illegal drugs;
2. reasonable suspicion testing is conducted when the employee’s supervisor observes signs, symptoms, or other unusual behavior  sufficient to justify a reasonable belief that the employee is under the influence of drugs or alcohol;
3. post-accident testing is conducted following a workplace accident to determine whether drugs or alcohol contributed to the event; and
4. random testing is conducted in an unannounced and unpredictable manner and, in part, is intended as a deterrent to drug use.

Connecticut law generally prohibits private-sector employers from requiring employees to undergo random drug tests unless the state labor commissioner has designated their occupations as high-risk or safety-sensitive. If a job does not fall into this category, an employer must have a reasonable suspicion that the employee is under the influence of alcohol or drugs and that it is affecting, or could affect, his job performance before he may require a test. The test itself must be conducted according to specified requirements. Employers may also test prospective employees as long as the tests meet the requirements and applicants are notified ahead of time.

 

Generally, state and municipal employees are not covered by the state law but are protected by the Fourth Amendment to the U.S. Constitution, which prohibits the government from carrying out unreasonable searches (there are exceptions to this that are addressed below). The U.S. Supreme Court has ruled that urine tests are searches and that the Fourth Amendment applies to governments acting as employers. The Court has also ruled that probable cause or individualized suspicion is not always a prerequisite for testing to be reasonable. Instead, it requires a weighing of the urgency of the government's need to carry out the drug testing against the individual's privacy rights.

 

Federal law and regulations require interstate operators of commercial vehicles over a certain size, including state and municipal employees, to undergo drug tests before they are hired, after serious accidents, and when there is a reasonable suspicion that they are under the influence of drugs. The General Assembly has extended these federal requirements to intrastate operators of commercial vehicles and also allows employers to test operators of smaller vehicles, mechanics who service commercial vehicles, and forklift operators.

 

The state government requires pre-employment drug testing only for correction officers, state police, and certain other high-risk executive branch jobs, such as job types listed as high-risk or safety-sensitive by the state Department of Labor (DOL). Once an employee is working, tests are allowed only on the basis of reasonable suspicion, if at all. State and municipal employees who have to hold commercial drivers' licenses (CDL) to do their jobs are covered by the federal and state transportation drug testing requirements.

 

In the private sector, pre-employment drug testing is fairly common. There are no good figures on how widespread current employee testing is among Connecticut employers. However, recent national surveys show about 36% of companies nationwide employ some form of post-employment testing.

There are no federal or state statutes that cover drug testing of students in public schools. Students do not have the same level of constitutional rights as free adults and a 2002 U.S. Supreme Court decision permits schools to conduct random drug testing of students who participate in extracurricular activities. But according to the State Department of Education drug testing cannot be a condition for attending school or for participating in school-related activities mandated by law.

 

For more information, read the full report.

Governor Acts to Preserve SNAP Benefits

Governor Malloy’s February 24 announcement regarding his intention to increase home energy assistance for low-income people illustrates how many public assistance programs are interconnected.

According to the Congressional Research Service (CRS), Connecticut is one of 16 “heat and eat” states providing nominal ($1) Low-Income Home Energy Assistance Program (LIHEAP) benefits to certain households for them to qualify for more Supplemental Nutrition Assistance Program (SNAP, or food stamps) benefits.  Specifically, the nominal benefit qualifies these households for the maximum Heating/Cooling Standard Utility Allowance (SUA), which, in turn, qualifies them for more SNAP money, as the graphic below shows.

LIHEAP's Impact on SNAP Benefit Calculation

Source: The Next FarmBill: Changing the Treatment of

LIHEAP Receipt in the Calculation of SNAPBenefits,

CRS, May 13, 2013.

The recently enacted federal Farm Bill increases, from $1 to $20.01, the minimum LIHEAP amount a state can give a SNAP household to qualify for the maximum SUA. The governor intends to provide this higher amount to nearly 50,000 Connecticut households that would otherwise have suffered a reduction in SNAP benefits.  According to the Governor, the money to pay for the higher benefit will come from the Connecticut Energy Assistance Program.

Jersey City to Require Gun Vendors to State Position on Gun Safety

CNN reports that Jersey City, New Jersey, will now require vendors bidding on gun contracts with the city to answer questions about gun safety. The city will deem a proposal incomplete if a bidder chooses not to respond to the questions. According to the CNN article, bid specifications for police department guns and ammunition will include the following six questions:

1. What do you do to combat illegal gun crime?
2. Do you manufacture and sell assault weapons for civilian use?
3. Do you agree not to sell certain firearm models for civilian use?
4. Do you require your dealers to conduct background checks?
5. Do you fund research related to gun violence and smart gun technology?
6. Will you commit to prohibiting your brand name from being used in violent games?

According to Mayor Steven Fulop, the city will consider a bidder’s responses to the questions along with product safety and price.

Hot Report: Performance Evaluation in Commuter Rail Contracts and Connecticut's Contract with Metro North

OLR Report 2014-R-0006 answers two questions.

1. Do other states’ commuter rail operations contracts contain: (a) specific performance standards, (b) provisions for evaluating or monitoring a contractor’s performance, and (c) methods for the state or oversight body to enforce performance-related contract provisions?
2. How do these contract provisions compare to those in Connecticut’s contract with Metro North?

Other states’ commuter rail service contracts that we reviewed include performance standards, monitoring and evaluation requirements, and enforcement methods. The inclusion of such provisions reflects the fact that these contracts are between quasi-public regional transit authorities and private companies they selected to provide commuter rail services. In contrast, Connecticut’s commuter rail contract is between two governmental entities—Connecticut Department of Transportation (CDOT) and Metro North, a subsidiary of New York’s quasi-public Metropolitan Transit Authority. Connecticut appears to be the only state that has this arrangement.

 

To prepare this analysis, we contacted 20 transit authorities that use private contractors to operate their commuter rail lines and requested copies of their contracts. At this time, only South Florida Regional Transportation Authority (SFRTA) and San Joaquin Regional Rail Commission (SJRRC) sent copies of their contracts for their commuter lines, Tri-Rail and Altamont Corridor Express (ACE) respectively. We will update this report if we receive more contracts.

 

The Tri-Rail and ACE contracts have very similar performance standards and evaluation and enforcement requirements. Both establish standards for operations, safety, and customer service and require the contractor’s employees to meet minimum qualifications. They also require their contractors to develop and submit for approval operating plans and standards that go beyond those specified in the contract.

 

SFRTA and SJRRC evaluate performance primarily through periodic reports from the contractor and require the contractor to make performance data accessible at any time. In addition to reporting, SFRTA requires managers to evaluate their crew members for adherence to operation policies and SJRRC assigns a representative to every ACE train.

 

Financial penalties for failing to meet certain performance standards is the primary method SFRTA and SJRRC use to enforce these standards. Both agencies also have the right to (1) withhold payment for unsatisfactory performance and (2) terminate contracts if the contractor fails to remedy a contractual default. SFRTA also uses financial incentives to encourage on-time performance and safe operations.

 

The contract between Metro North and CDOT is very different than the contracts for Tri-Rail and ACE. Although it states broad performance goals, it does not impose specific performance standards on Metro North. Except for provisions requiring a one-time productivity review and the right to examine records, CDOT’s contract includes no ongoing reporting and monitoring requirements.

 

Finally, the Metro North contract does not provide CDOT with a method of recourse if Metro North performs unsatisfactorily. CDOT may enter into arbitration or terminate the contract if Metro North defaults on the contract, but may not withhold payment or levy penalties for unsatisfactory performance.

 

CDOT and Metro North have updated their contract by entering into many memorandums of understanding. We have not examined all of these memorandums, but according to CDOT, none involve performance evaluation. 

For more information, read the full report.

PURA Holding Hearings on Electric Suppliers

The Public Utilities Regulatory Authority (PURA) is holding a series of hearings throughout the state to allow the public to comment in PURA’s ongoing investigation of the state’s electric suppliers and their marketing practices.  In part prompted by complaints over low introductory rate offers that switch to more expensive variable rates, PURA is reviewing customer switching practices, the types of generation services and products allowed, regulatory filing requirements, marketing conduct, customer notices, and disclosure requirements. 

Hearings have already been held in Milford, Unionville, and Brookfield.  Additional hearings will be held on February 25th in Norwich at 6:30 p.m. and at PURA’s office in New Britain on March 3rd at 10:30 a.m.  Customers can speak on the record at any hearing or submit written comments with PURA. 

Few States Adopt New Science Standards Amid Common Core Rollout

In Spring 2013, a partnership of 26 states (not including Connecticut) released the Next Generation Science Standards for grades kindergarten through 12.  These states worked with the National Research Council, National Science Teachers Association, American Association for the Advancement of Science, and nonprofit education reform organization Achieve to develop the standards.  Education Week reports that, nine months after their release, only eight of the partner states and the District of Columbia have formally adopted the new science standards.

The partner states had hoped that most states would adopt the science standards, which emphasize science concepts and processes and ask students to apply their knowledge through scientific experiments, investigations, and engineering design.  However, many states have hesitated out of fear of education reform overload.  Since the majority of states are currently in the process of implementing the Common Core State Standards in the disciplines of English language arts and mathematics, many states fear that additional changes in other subjects will simply be too much for school districts and teachers to handle.

Other reasons given for states’ hesitancy include a lack of federal financial incentives, similar to those offered under the Race to the Top Program; obstacles presented by specific legislative or regulatory processes, such as statutory schedules for adopting and revising school standards; and the time needed to develop new student assessment tools to accompany the standards.  Proponents of the science standards remain hopeful that widespread adoption will eventually occur.

Hot Report: Removing Felony Convictions

OLR Report 2014-R-0049 answers the question: How does someone remove a felony conviction from his or her record?

Someone convicted of a felony must apply to the Board of Pardons and Paroles for a pardon in order to have the felony removed from his or her record. The board can grant pardons that are absolute, conditioned, or provisional for any violation or offense against the state at any time (CGS § 54-130a(b)).

An absolute pardon erases a person’s convictions. According to the board, a conditional pardon erases a person’s criminal record but also imposes conditions which the person must follow or the pardon may be revoked. A provisional pardon does not erase a person’s record but seeks to relieve the person of certain barriers or forfeitures related to employment or licensure due to the convictions specified in the provisional pardon (CGS § 54-130e).

A person can apply for a provisional pardon at any time. But, except under extraordinary circumstances, the board cannot accept an application for other types of pardons until five years after a felony conviction and three years after a misdemeanor conviction (CGS § 54-130a(c)). The board also states that it does not consider applications from anyone with pending charges or open cases in any jurisdiction.

An applicant must submit information on a number of topics, including his or her criminal record, employment, and other activities. He or she must authorize a background check and submit three references.

The board has discretion whether to grant a pardon. The board states that it considers many factors including the:

1. applicant’s rehabilitation, criminal history, accomplishments since his or her last offense, work history, contact with the criminal justice system, character references, and community service;
2. time since the applicant’s most recent offense,;
3. offense’s severity;
4. victim’s input and the crime’s impact on the victim; and
5. the state’s attorney’s opinion.

The board states that the pardons process takes about 12 months and the board, State Police, probation officials, and Judicial Branch review the person’s criminal record to ensure that all convictions are considered and erased if a pardon is granted.

 

If the board denies a pardon, the law requires it to inform applicants in writing of its reasons (CGS § 54-124a(j)(3)). The board states that it generally requires a person denied a pardon to wait one year before reapplying but it may require a longer period.

 

For more information, read the full report.

Small Businesses Face Uncertainty without Federal Tax Credit Extensions

The New York Times recently reported that the expiration of about four dozen federal tax credits—called “extenders” because they expire periodically—is having a substantial impact on small businesses. Extenders that Congress has not renewed include the Work Opportunity Tax Credit, the research and development tax credit, and a $500,000 ceiling on the Section 179 expense election that allows businesses to write off capital expenditures in the year they were incurred.

These tax credits are often extended and even reinstated retroactively, but the political climate and a widely shared goal in Washington to remove business deductions in favor of lowering the corporate tax rate have experts concerned that it may not happen this year. Tax experts argue that this uncertainty has made planning difficult for businesses, and has led businesses to making cautious choices about capital investment, research spending, and hiring.  Kate Barton, a representative from Ernst & Young, noted that businesses are assuming that no news is bad news. She further notes that this uncertainty has an effect on businesses that would not use the credit. 

It’s not all bad news for small businesses, though. The tax credit for businesses with 25 or fewer full-time employees that pay at least half of health insurance premiums rose to 50% of the amount paid, up from 35%.

Knowledge is Power

Bus riders who use a cell phone app that lets them know when to expect the next bus express more satisfaction with public transit, even though the number of buses or frequency of their arrival doesn’t change, researchers have found.

Researchers also found these commuters were more accurate than others in estimating their wait time. It’s a matter of giving a sense of control to the commuters.

Waiting for a bus, researchers say, is particularly irksome for riders because they don’t know when the next bus will arrive and may have little to distract them while waiting. Researchers say people waiting in these and similar situations often think they’ve waited twice as long as they actually have.
Providing real-time information about bus arrival times not only relieves a lot of this anxiety, but allows commuters to actually wait fewer minutes, because they’re able to plan their ride with more precision.

Hot Report: OLR Backgrounder: Appellate Court Decision on Net Neutrality

OLR Report 2014-R-0033 summarizes the recent U.S. Court of Appeals decision on “net neutrality.” OLR Report 2009-R-0392 discusses issues surrounding net neutrality.

Net neutrality refers to requirements that broadband service providers (companies such as Verizon, AT&T, and Comcast) treat all Internet traffic the same regardless of the source of the traffic. In 2010, the Federal Communication Commission (FCC) issued an order (1) barring broadband providers serving homes and other fixed locations from blocking lawful content, applications, services, or non-harmful devices and from unreasonably discriminating in transmitting lawful network traffic over a consumer's broadband Internet access service and (2) barring mobile broadband providers from blocking lawful websites or applications that compete with their voice or video services. The order also required all broadband providers to disclose information on their network management practices, performance (e.g., download speeds), and the commercial terms of their broadband services.

On January 14, 2014, the DC Circuit Court determined, in Verizon v. Federal Communications Commission, No. 11-1355 (D.C. Cir. Jan. 14, 2014), that the FCC lacked authority to enforce key parts of the order, since the FCC had determined that broadband providers are not subject to regulation as common carriers. The court vacated the order’s blocking and discrimination provisions. The court upheld the disclosure provisions. The FCC is considering whether to appeal the decision.
For more information, read the full report.

EPA Proposes Restrictions for New Wood Stoves

On January 3, 2014, the U.S. Environmental Protection Agency (EPA) issued proposed revisions to the New Source Performance Standards (NSPS) for residential wood heaters.  The NSPS fall under the federal Clean Air Act. According to the EPA’s website, “the standards govern the manufacture and sale of new residential wood heating devices and do not apply to existing wood stoves and other wood heaters installed in peoples' homes.”

The new standards reduce the maximum amount of fine particulate emissions allowed for new stoves sold beginning in 2015.  Maximum emissions would be reduced by one-third in 2015 and by 80% in 2019.  Fine particulate pollution has been linked to heart attacks, decreased lung function, and premature death in people with heart or lung disease, according to Fox News.

The EPA will take public comments on the proposed standards over a 90-day period.

Suicide Rate of Young Veterans Climbs

The federal Department of Veterans Affairs’ Veterans Health Administration (VHA) released data showing the suicide rate for young male veterans using VHA services, those ages 18 to 24, increased from 2009 to 2011, the most recent year for which data is available. The rate increased from 46.1 deaths per 100,000 in 2009 to 79.1 per 100,000 in 2011.

This increase exceeded the rate for civilian males in the same age group, which stayed around 20 per 100,000 for 2009 and 2010, the most recent years for which data is available, according to a USA Today article. The article also points out the rate for this group of veterans is higher than the suicide rate for active duty Army personnel over the same period, which was about 22 per 100,000 from 2009 to 2011.

The suicide rate for female veterans using VHA services increased from 12.9 per 100,000 in 2009 to 15.1 per 100,000 in 2010, before dropping to 14.4 per 100,000 in 2011.

The USA Today article quotes VA epidemiologist Robert Bossarte as saying, "There were several studies after Vietnam that showed increases in suicide and other forms of injury/mortality for about the first five years following return from service. Those rates (eventually) came down to be about the same as the rest of the population."

Hot Report: Initiatives to Help Elderly Parents of Intellectually Disabled Persons

OLR Report 2014-R-0040 answers the question: What initiatives have been developed in Connecticut and other states to assist elderly parents of intellectually disabled persons?

In Connecticut, the Department of Developmental Services (DDS) has a unit that provides services for DDS clients as they and their caregivers age. However, the unit focuses on the client and does not provide services specifically for the clients’ parents, other than respite care, primarily because Medicaid does not pay for these services.

We only found a few initiatives in other states specifically designed to assist elderly parents of intellectually disabled persons. Indiana had a small pilot project to demonstrate how Web-based social media could be used to bridge informal and formal systems of care supporting adults with intellectual disabilities and family caregivers.

Kentucky adopted legislation requiring its equivalent of DDS to establish a centralized resource and referral center for aging caregivers. But the mandate is tied to the availability of funds and the center has not been established to date.

In 2000, Ohio commissioned focus groups to gain more information about aging caregivers of people with intellectual disabilities and the challenges they face.

In addition to these initiatives, a number of organizations have developed materials to help aging caregivers of people with intellectual disabilities. Examples include Planning for a Good Life, produced by the ARC of Massachusetts (an advocacy group) and Aiding Older Caregivers of Persons with Intellectual and Developmental Disabilities, published by the Center on Intellectual Disabilities at the University at Albany.

A federal program provides grants to state aging agencies to support a range of caregivers, including those that care for persons with intellectual disabilities under limited circumstances.
For more information, read the full report.

Medicaid Spending Per Enrollee Varies Across States

A new Kaiser Family Foundation study shows differences in how much each state spends on Medicaid enrollees. Medicaid is a federally funded program providing health insurance for low-income individuals and families. Although states must meet federal core requirements, they also have flexibility to make policy decisions, including who is eligible for assistance, how providers are paid, and what benefits are covered. Medicaid spending can also vary due to availability of revenues, demand for services, and the dynamics of each state’s health care market.

The study found states spent on average $6,253 per full-benefit enrollee in 2010. Georgia had the lowest per-enrollee spending at $4,151, while New York had the highest at $10,509. Connecticut spent $8,116.

Hot Report: Alimony Payments and Duration in Connecticut and Massachusetts

OLR Report 2014-R-0036 summarizes how the amount and duration of alimony are determined under Connecticut and Massachusetts laws.

Both Connecticut and Massachusetts laws allow for alimony orders in divorce cases.  In Connecticut, however, alimony may also be ordered in the case of an annulment and a legal separation. Massachusetts has four forms of alimony: general term, rehabilitative, reimbursement, and transitional.  This report focuses on general term alimony because the other forms apply only in specific circumstances.  

In both states, the court must consider a list of factors in setting alimony amounts and duration, including the (1) length of the marriage and (2) parties’ age, health, income, and employment.  Connecticut considers marital fault and the status of the custodial parent but Massachusetts does not.  In both states, the court may order the paying person to obtain life insurance or other forms of security for alimony payments that are due if he or she dies during the alimony period.  

Regarding alimony duration, Massachusetts law provides very specific limits and grounds for deviation.  Connecticut law does not set durational limits but requires the court to specify the basis for any indefinite or lifetime alimony order.  

In both states, with certain limitations, alimony may be modified when there is a substantial or material change in circumstances of either party.
For more information, read the full report.

Stable Growth in Health Care Spending Since 2009

As reported in Health Affairs, total health care spending in the U.S. increased by 3.7% in 2012, to $2.8 trillion.  That marks four consecutive years of a growth rate between 3.6% and 3.8%, and a decline from previous growth levels earlier in the 2000s.  For example, health care spending grew by 6.3% in 2007 and 9.7% in 2002. According to the article, “the relative stability since 2009 primarily reflects the lagged impacts of the recent severe economic recession.”

Health care spending was 17.2% of gross domestic product in 2012, down slightly from 2011 (17.3%).

The article discusses various factors contributing to the growth in health care spending, as well as information on health care spending in various categories.  One category with a slightly higher than average increase in 2012 was prescription drugs, with spending increasing only 0.4%.  The articles notes that a significant factor in this reduced growth was “a slowdown in overall prices paid for retail prescription drugs as numerous brand-name blockbuster drugs . . . lost patent protection in late 2011 and in 2012 and as generic versions became available.”

Learning New Skills Can Improve Memory in Seniors

A new study published in Psychological Science shows that seniors who learn new skills that demand higher cognitive function can improve their memory.

Researchers at the University of Texas at Dallas divided seniors (ranging from ages 60 to 90) participating in the study into three groups. One group learned digital photography or quilting. A second group listened to classical music and did word puzzles at home. The third group engaged in social activities. 

The seniors participated in their assigned tasks for 15 hours per week for three months. At the end, the researchers found those in the first group, the quilters and photographers, showed improved memory as compared to those in the other two groups. 

The researchers hope to follow up with the participants at one and five year intervals. 

College Guidebook Rankings Affect Number of Applications

A new study shows that college guidebook rankings have a clear and noticeable effect on how many students apply to schools. The study, which appears on the American Educational Research Association’s website, found that if US News and World Report lists a school in its Top 25, the school will see an increase of 6 to 10 percent in the number of applications.

In a press release, study author Randall Raeback of Columbia University said, “There is strong evidence that changes in colleges’ quality-of-life and academic reputations affect both the number of applications that colleges receive and the characteristics of their next incoming classes of students.”

Inclusion on a list can drive down the number of applications, too. If a school appears on the Princeton Review “Top 20 Party Schools” list, it will see an eight to nine percent decrease in the number of out-of-state applications. Positive listings for quality of life, such as “Happy Students” and “Most Beautiful Campus” drive up the numbers but less than other factors.

The study’s authors call for an independent review of how the ratings are assembled, saying it would be in the public’s best interest.

Study Finds Possible Bias in Reviews of Studies Linking Sugar Sweetened Beverages and Weight Gain

Systematic reviews that were sponsored by, or had conflicts of interest with, food or beverage companies were five times more likely to report no positive association between consumption of sugar sweetened beverages and weight gain or obesity, according to a recent study.

“Our findings serve to draw attention to possible inaccuracies in scientific evidence from research funded by the food industry,” the study authors concluded.

The study, published December 31, 2013, looked at 17 systematic reviews of the influence of sugar sweetened beverages on weight gain and obesity. Twelve of the reviews focused on adults, children, and adolescent populations; four on children and adolescents; and one on adults only.

“Systematic reviews identify all the research on a given topic using predefined criteria,” the authors wrote. “In an ideal world, systematic reviews provide access to all the available evidence on specific exposure–disease associations, but publication bias related to authors' conflicts of interest may affect the reliability of the conclusions of such studies.”

“It might be worthwhile,” they wrote, “to further explore the implications of biased reviews, with their consequent dissemination of flawed information to public health policy makers and medical practitioners.”

Hot Report: Delinquent Property Taxes

OLR Report 2014-R-0046 answers two questions: What interest rate do neighboring states impose on delinquent property taxes? Have any of these states offered property tax amnesty programs?

Table 1 lists the interest rate charged on delinquent property taxes in New England states and New York. As the table shows, Connecticut, Massachusetts, and New Hampshire require municipalities to charge a specific interest rate on delinquent property taxes, ranging from 12% per year in New Hampshire to 18% per year in Connecticut. The remaining states authorize municipalities to set the interest rate themselves.

Table 1: Interest Rate on Delinquent Property Taxes in Selected States

State and Citation	Interest Rate on Delinquent Property Taxes
Connecticut CGS § 12-146	18% per year (1.5% per month)
Maine Me. Rev. Stat. tit. 36, § 505	Varies locally; subject to maximum rate annually established by the state treasurer, according to statutory formula (7% for 2014)
Massachusetts Mass. Gen. Laws Ann. ch. 59, § 57	14% per year
New Hampshire N.H. Rev. Stat. Ann. § 76:13	12% per year
New York N.Y. Real Prop. Tax Law § 924-a	Varies locally; minimum of 12% (1% per month)
Rhode Island R.I. Gen. Laws Ann. § 44-5-5	Varies locally
Vermont Vt. Stat. Ann. tit. 32, § 5136	Varies locally; maximum of 1% per month for the first three months and 1.5% per month thereafter (towns may also impose an additional penalty of up to 8%)

Source: CCH, State Tax Smart Charts, and state statutes

For more information, read the full report.

Election Administration Commission Releases Recommendations

In March 2013, President Obama issued an executive order to establish the Presidential Commission on Election Administration, which was charged with identifying best practices in election administration and making recommendations to improve the voting experience.

The commission recently released its recommendations in a 112-page report. These recommendations include expanding:

1. online voter registration,
2. interstate exchange of voter lists,
3. voting before Election Day,
4. the use of schools as polling places to the extent possible, and
5. the use of resource allocation tools to reduce the potential for long lines at polling places.

The report and its appendices cover several other topics, including voting by members of the military, poll worker training, and the impending need to replace voting machines. The commission also weighed in on the question of what constitutes an unreasonable amount of time to wait in line to vote, stating that, absent unforeseen circumstances, nobody should have to wait in line to vote for more than 30 minutes.

Kindergarten: Not Just Nap Time

For today’s grownups, kindergarten may have been learning how to follow directions, play nicely, wait your turn, and other social skills. Learning your numbers, letters, shapes, and colors was part of it too, but to a lesser extent. Today, as followers of education policy are probably well aware, kindergarten is much more than that.

Education Week reports that a new study from the University of Virginia shows kindergarten is focused much more on preparing students to read than any other task.

“From 1998 to 2006, kindergarten teachers reported devoting 25% more time to teaching early literacy, from 5.5 hours to seven hours per week,” Education Week reports. According to the article, the researchers used data from the federal Early Childhood Longitudinal Study to analyze changes in teacher expectations, curriculum, and students' time spent on different subjects.

The report shows that overall, more kids attend full-day kindergarten and literacy time overwhelmed time for all other subjects.

“Kindergartners today now spend as much time on reading and language arts as they do on mathematics, science, social studies, music, and art combined,” Education Week reports. Time for each of these subjects decreased, except for math. “The percentage of teachers who reported their students never received physical education more than tripled, from 14% to 45%.”

Filing a State Tax Return? There Will Soon Be an App for That.

Governor Malloy recently announced a major modernization of the state’s official website that will “increase usability, customer service, transparency and access for its visitors.”  According to a recent State Tax Notes article, the upgrade includes plans to expand and improve the online services the Department of Revenue Services (DRS) provides to taxpayers and tax professionals (“Revenue Department to Offer App for Filing Tax Returns,” January 27, 2014 (subscription required)).  This means taxpayers could soon have the option of using a smartphone app to file tax returns or make payments.

The state is developing these upgrades through an agreement with Connecticut Interactive LLC, which will design and manage the state’s website and provide “self-funded” e-government services.  Funding for the program comes from fees generated from a subset of the online services, such as requests for motor vehicle driver histories.

Police Fatalities Down

In 2013, police officer fatalities fell to the lowest level in over five decades, according to this article in PoliceOne.  111 officers died in the line of duty in 2013, representing an 8% decrease from 2012. The most fatalities were traffic (46) and firearm (33) related.

The news is not all good. Officer fatalities unrelated to firearms or traffic saw a 33 percent increase.

Hot Report: Access to Information in Birth Certificates

OLR Report 2014-R-0030 answers several questions. Who has access under state law to information in birth certificates fewer than 100 years old? How would a public agency that does not currently have access gain it? You indicated that a local board of education would like access to names and addresses to conduct outreach to incoming kindergarten classes. 

By law, only specified “eligible parties” may obtain, access, examine, or disclose information contained in copies of birth records and certificates fewer than 100 years old.  Further, the law prohibits anyone, including eligible parties, from receiving information contained in the “information for health and statistical use only” or “administrative purposes only” sections of a birth certificate, unless specifically authorized by the Department of Public Health (DPH) for statistical or research purposes. Similarly, the Social Security number of a parent listed on a birth certificate cannot be released, except to parties authorized by state or federal law.  And confidential files on paternity, adoption, gender change, or gestational agreements cannot be released, except upon court order (CGS § 7-51).  Local boards of education are not designated as eligible parties.

DPH also releases identifiable health data it collects, including information contained in birth certificates, to other entities, but only for bona fide medical or scientific research purposes (CGS § 19a-25 and Conn. Agencies Regs. § 19a-25-3). 

According to DPH, releasing birth certificate data, like names or addresses, to a local board of education would not meet this medical or scientific research standard. 

Thus, it appears legislation would be necessary to give an entity, such as a local board of education described above, access to information in birth certificates fewer than 100 years old. The General Assembly could, for example, amend CGS § 7-51 to make such an entity an eligible party.
For more information, read the full report.

How We Keep Warm

The Connecticut State Data Center created a useful map to show how households throughout the state heat their homes. The map uses census track units, rather than towns, and shows the prevalence of various heating sources, including fuel oil, electricity, bottled or tank gas, solar energy, and wood.
The majority of households (roughly 644,000) rely on fuel oil of some kind. The second most popular source, natural gas from a utility, heats around 432,000 homes. Solar power heats the smallest portion, an estimated 371 households.

The map uses data from 2008 to 2012 from the U.S. Census Bureau’s American Community Survey.

Fast Breaks and the End of Competitive Advantage

 

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Competing in today’s marketplace is a lot like playing basketball, which means being on guard against opposing players ready to steal the ball away from you and break for the basket before you can get it, just like in the video. In the business world, fast breaks happen when your competitor rolls out with a better product and cuts into your market share. 
That’s the message of Columbia Business School professor Rita Gunther McGrath’s new book, The End of Competitive Advantage: How to Keep Your Strategy Moving as Fast as Your Business (Harvard Business Review Press (2013)). For example, consider how Apple stole the ball from BlackBerry in 2007: The CEO of BlackBerry’s parent company (Research in Motion) “told a Reuters reporter that the launch of Apple’s iPhone wasn’t a major threat, simply the entry of yet another competitor into the smartphone market. Five years later, the company is at risk for its very survival,” McGrath wrote. And the rest is history…or current events.

 Where did Blackberry go wrong? It stuck to the tried and true when change was afoot. “The fundamental problem is that deeply ingrained structures and systems designed to extract maximum value from a competitive advantage become a liability when the environment requires instead the capacity to surf through waves of short-lived opportunities. To compete in these more volatile and uncertain environments, you need to do things differently” (emphasis added).  To switch metaphors, businesses have to learn how to surf.

What do McGrath’s ideas mean for state economic development policy? If McGrath is right about surfing the waves of short-lived opportunities, her ideas could serve as a framework for critically examining long-standing state economic development policies, plans, programs, and practices, especially those focused on retaining and expanding a state’s traditional economic advantages.

Gentrification’s Impact on a Neighborhood’s Original Residents

NPR recently reported on two studies suggesting gentrification might benefit a neighborhood’s original residents more than it harms them.  In the first study, Lance Freeman, director of the Urban Planning program at Columbia University, studied gentrification in Harlem and Clinton Hill and found gentrifying neighborhoods’ low-income residents remain in their apartments longer than low-income people in non-gentrifying neighborhoods.  While some renters may be pushed out, many stay and benefit from the new parks, safer streets, better schools, and job opportunities that gentrification brings. 

In the second study, the Federal Reserve Bank of Cleveland investigated whether gentrified neighborhoods’ higher rents and property taxes adversely impact original residents’ financial health.  The study found that gentrification actually improves original residents’ financial health, as measured by credit score and delinquency rate, whether or not they are homeowners or renters.

Smart Chip Technology on Credit Cards in America

In light of the recent data breach of two large American retailers, which involved personal data and credit card information of millions of people, significant attention has been brought to the credit card technology that is used in America.

A recent CNBC article (1) discusses the security benefits of credit card technology that uses computer chips (EMV technology) and (2) explains why America lags behind many other major countries in its conversion from the magnetic strip to chip technology.  According to the article, EMV technology, also known as Smart Chips, was developed a couple decades ago by Europay, MasterCard, and Visa (hence the name EMV technology), and some of these chip cards now also use PINs similar to those found on debit cards.

Many European countries turned to EMV technology to comply with anti-fraud laws. Money explains why America has been slow to adopt this technology, according to the article. It cost banks as little as 50 cents to issue a magnetic strip card while a chip and PIN card costs several dollars.  Additionally, there is significant cost associated with the replacement of the point-of-sales equipment to accommodate chip cards.

However, the credit card networks (American Express, Discover, MasterCard, and Visa) have announced plans to move to an EMV-based system in America.  According to the article, the current upgrade deadlines are:

• October 2014 for banks to issue chip cards
• October 2015 for retailers to install equipment to read these cards

After October 2015, a bank or the retailer that fails to upgrade to EMV will be liable for any fraud.

Hot Report: OLR Backgrounder: Bifurcating Town Budget Referenda

OLR Report 2014-R-0019 answers the question: Can a municipality split its budget referendum to hold separate votes on the town and board of education budgets?  This report updates OLR Report 2003-R-0128.

A municipality may enact a charter or home rule ordinance provision to hold separate votes on the town and board of education budgets.  In 2004, the state Supreme Court upheld a provision in Naugatuck’s charter that allowed separate referenda on the town operating budget and the board of education budget.  In doing so, it reversed an Appellate Court decision that held the provision conflicted with the statutory budget approval process and upset the balance of power between the boards of education and finance. 

The Supreme Court held that local budgetary policy is a matter of local, rather than statewide, concern and thus municipal charter provisions supersede statutory provisions on the same subject.  It also found that Naugatuck’s charter provision did not conflict with the various powers and duties of the boards of education and finance (Board of Education v. Naugatuck, 268 Conn. 295 (2004)). 

According to a 2011 study conducted by the town of Hebron, 39 Connecticut municipalities require or authorize split votes on the town and board of education budgets.

For more information, read the full report.

Semi-Automatic Smart Rifle that Shoots More Accurately

At the Consumer Electronic Show (CES), TrackingPoint introduced a new semi-automatic AR Smart Rifle that allows a user to fire up to five times the accuracy of an experienced shooter.  The rifle uses a guided shooting system that allows the user to “tag” a target moving up to 10 mph and shoot multiple targets quickly. It sells for $9,950. 

$600 Million Funding For Homeless Veterans Program

The U.S. Department of Veterans Affairs (VA) has just announced that it will provide $600 million over the next two fiscal years to help low-income veteran families who are homeless or at imminent risk of becoming homeless. The funding is being made available through the Supportive Services for Veteran Families (SSVF) program in the form of grants to nonprofit organizations and consumer cooperatives that target this population. The SSVF program provides a range of supportive services for veterans, with priority given to services designed to help veterans keep their homes.

Sexual Victimization in Prisons

A recent report by the federal Bureau of Justice Statistics (BJS) finds that there were 8,763 allegations of sexual victimization in adult correctional facilities in 2011, an increase from 8,404 the year before and a significant increase from 6,241 in 2005.  The report is part of BJS’ data collection efforts under the federal Prison Rape Elimination Act (PREA).  Other findings include:

1. only 10% of allegations in 2011 were substantiated and determined to have occurred after an investigation;
2. about 52% of substantiated incidents involved only inmates and 48% involved staff with inmates;
3. females make up about 7% of state and federal prison inmates but females were victims of 22% of inmate-on-inmate conduct and 33% of staff-on-inmate conduct; and
4. in cases of staff sexual misconduct, 85% of these cases resulted in the staff member losing his or her job and in 56% of the cases the staff member was arrested or prosecuted.

For more information, read the full report, Sexual Victimization Reported by Adult Correctional Authorities, 2009-11.

An Aging Workforce Creates New Workplace Injury Issues

An article in the October 2013 issue of Manufacturing.net argues that the aging of the work force may have far-reaching implications on the number and type of work-related injuries and that most companies are unprepared for this demographic change. According to the article, one-third of the U.S. labor force will be 55 or older by 2015.

As the article points out, many older workers will be working in environments where they will be exposed to hazards and engage in injury-triggering activities, such lifting and carrying objects. Work-related injuries are a potentially serious cost issue for employers, especially manufacturers. Older workers are more prone to musculoskeletal injuries such as sprains, strains, and lower back pain. Arthritis, high blood pressure, obesity, and other physical problems that are more common among elderly individuals can exacerbate these injuries.

The article argues that if employers do not take steps to ensure the continued productivity of older workers, employers may experience high rates of debilitating and expensive occupational injuries that could harm workflow, increase insurance costs, and reduce profits. To maximize the contributions of these workers and protect their health, employers need to recognize the physical limitations of the aging workers and proactively employ tactics and new strategies proven to reduce workplace injuries.

While many employers are aware of the coming demographic transition in the workplace, fewer than one in seven has adopted strategies to address it. Among the measures that the article calls for are further mechanization to reduce musculoskeletal stress, the use of product designs that offer a variety of ergonomic benefits, and operational simplifications. 

Hot Report: Recertification of Intellectual Disabilities for State Programs

OLR Report 2014-R-0017 answers two questions: Are participants in a program serving individuals with intellectual disabilities (i.e., IQ less than 70) required to recertify their disability to stay in the program? If so, how often, and is this requirement based on state or federal law?

On the state level, the departments of developmental services (DDS), rehabilitation services (DORS), and social services (DSS) provide programs or services to individuals with intellectual disabilities.
According to DDS, once an adult is determined to be eligible for DDS services based on intellectual disability, there is no systematic reevaluation of that determination, although the department may request reevaluations in exceptional cases. DDS reevaluates children for continued DDS services eligibility at certain ages.

Within DORS, the Bureau of Rehabilitation Services (BRS) and the Disability Determination Services Division serve individuals with intellectual disabilities. BRS provides services to individuals looking for work. After an initial determination, participants remain eligible for services unless they secure and maintain employment for 90 days. The Disability Determination Services Division determines eligibility for Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI). Division staff reviews continuing eligibility no less than every seven years, as required by federal regulations.

Within DSS, HUSKY C provides health care coverage for aged, blind, or disabled adults, including those with intellectual disabilities. DDS reviews eligibility for HUSKY C every six to 12 months. However, DSS accepts evidence of a disability determination from the Disability Determinations Services Division as proof of a disability.

For more information, read the full report.

The “Three Rs” of Health Reform

In January 2014, the Kaiser Family Foundation published a brief that explains the “three Rs” of the Affordable Care Act’s health insurance marketplaces: risk adjustment, reinsurance, and risk corridors.  These three “Rs”are meant to mitigate any potential effects of adverse selection and help stabilize premiums in the early years of health reform.  The brief explains each.  Specifically, risk adjustment is designed to mitigate incentives for plans to attract healthier individuals and compensates those health plans that enroll a disproportionately sick population. Reinsurance compensates plans for high-cost enrollees over a three-year period.  And, risk corridors reduce the general uncertainty insurers face in the early years of reform when the marketplace is opened up to people with pre-existing conditions who were previously excluded from coverage.