According to the National Conference of State Legislatures, 17 states have constitutional language expressly guaranteeing the right to hunt and fish. Two other states, California and Rhode Island, constitutionally protect the right to fish. Of the states that protect both hunting and fishing rights, only Vermont established the right when its constitution was first drafted. The other states amended their constitutions to include the rights, starting with Alabama in 1996. Mississippi will vote on a similar amendment this year.
A Wall Street Journal (subscription required) article attributed these efforts in part to a growing number of hunters seeking to insulate hunting and fishing rights from calls by animal rights organizations to prohibit certain hunting practices. (There is evidence that, nationally the number of hunters increased by 9% between 2006 and 2011.) In prior decades, hunting license sales declined, likely do to such things as urbanization, less land available for hunting, and an increase in efforts to protect wildlife.
July 31, 2014
Hot Report: Connecticut's Business Tax Structure
OLR Report 2014-R-0201 provides an overview of Connecticut's business tax structure.
Businesses operating in Connecticut must pay various state and local taxes on the income they generate (e.g., corporation and personal income taxes); property they own, use, or transfer (e.g., property and conveyance taxes); goods and services they purchase (e.g., sales and motor fuels excise taxes); and people they employ (e.g., unemployment insurance tax). Certain business entities, known as pass-through entities, must also pay a business entity tax to operate in the state. Specified businesses must pay taxes on the earnings generated from certain business activities (e.g., distributing, refining, or importing certain petroleum products or providing certain utility services).
For purposes of this report, we have excluded certain taxes businesses collect from people purchasing goods and services and remit to the state (e.g., excise taxes on tobacco and alcohol sales, admissions and dues taxes, and room occupancy taxes) and other taxes that apply to or affect specific types of businesses (e.g., hospital net patient revenue tax and dry cleaning tax).
For more information, read the full report.
Businesses operating in Connecticut must pay various state and local taxes on the income they generate (e.g., corporation and personal income taxes); property they own, use, or transfer (e.g., property and conveyance taxes); goods and services they purchase (e.g., sales and motor fuels excise taxes); and people they employ (e.g., unemployment insurance tax). Certain business entities, known as pass-through entities, must also pay a business entity tax to operate in the state. Specified businesses must pay taxes on the earnings generated from certain business activities (e.g., distributing, refining, or importing certain petroleum products or providing certain utility services).
For purposes of this report, we have excluded certain taxes businesses collect from people purchasing goods and services and remit to the state (e.g., excise taxes on tobacco and alcohol sales, admissions and dues taxes, and room occupancy taxes) and other taxes that apply to or affect specific types of businesses (e.g., hospital net patient revenue tax and dry cleaning tax).
For more information, read the full report.
Are Interest Rates Too Low for Some Homeowners?
An article from the Associated Press describes how low interest rates are preventing some people from selling their homes. According to data from CoreLogic cited in the article, more than one-third of homes with mortgages have interest rates below 4%. These homeowners got “the deal of the century” according to Glen Kelman, CEO of real estate brokerage Redfin. But they may be experiencing “rate lock in,” where they choose not to sell because purchasing a new home with a mortgage at higher interest rate, even one that costs the same as the old one, will result in higher monthly payments.
The article states that the combination of lower supply and higher prices is limiting the housing recovery. CoreLogic’s chief economist Mark Fleming estimates that 3.6 million homeowners are unlikely to sell this year because of the “rate lock in” effect. Also, 40% of homeowners do not have enough equity to sell their homes, either because their mortgages are higher than their home’s value or their equity is not enough to pay the sale costs and a down payment on a new home. Partly due to this limited supply, CoreLogic states that prices rose 8.8% nationwide.
The article states that while higher prices are expected this year, which would help homeowners create equity and allow more homeowners to become sellers, mortgage rates are also expected to rise and this could increase the “lock in” effect.
The article states that the combination of lower supply and higher prices is limiting the housing recovery. CoreLogic’s chief economist Mark Fleming estimates that 3.6 million homeowners are unlikely to sell this year because of the “rate lock in” effect. Also, 40% of homeowners do not have enough equity to sell their homes, either because their mortgages are higher than their home’s value or their equity is not enough to pay the sale costs and a down payment on a new home. Partly due to this limited supply, CoreLogic states that prices rose 8.8% nationwide.
The article states that while higher prices are expected this year, which would help homeowners create equity and allow more homeowners to become sellers, mortgage rates are also expected to rise and this could increase the “lock in” effect.
July 30, 2014
Fast Tracking Medicaid Eligibility
To receive food stamps (now known as Supplemental Nutrition Assistance Program (SNAP) benefits), applicants generally must show that their income is below a certain threshold and that they meet other basic criteria. Determining eligibility for Medicaid, on the other hand, is typically more complicated, except for newly eligible Medicaid populations in states that opted to expand Medicaid under the Affordable Care Act. Because the Medicaid expansion is largely based on income, people who are newly eligible for Medicaid often need little more than the information required for a SNAP application. Because the income threshold is similar, many of those eligible for SNAP are also eligible for Medicaid, as shown in the graphic below.
This situation may result in duplicative application review processes. Under normal program rules, a SNAP recipient would have to apply to Medicaid to get benefits from both programs, requiring program staff to verify much of the same information twice and make two separate eligibility determinations.
According to an article on Governing.com, five states have used Medicaid waivers to allow SNAP recipients to skip part of or most of the Medicaid application. These states — West Virginia, Oregon, Arkansas, California and Illinois — expressed different reasons for wanting the waiver, including convenience, consumer confusion in the face of changing health laws, and fear of technical glitches in health exchange websites.
Waivers allow states to test new or existing ways to deliver and pay for health care services in Medicaid. When the federal Centers for Medicare and Medicaid Services approves a waiver, states can adjust regular Medicaid rules as agreed upon in the waiver.
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Snap
Households with Members Eligible for Medicaid (in states that have expanded
Medicaid).
Source:
Governing.com
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According to an article on Governing.com, five states have used Medicaid waivers to allow SNAP recipients to skip part of or most of the Medicaid application. These states — West Virginia, Oregon, Arkansas, California and Illinois — expressed different reasons for wanting the waiver, including convenience, consumer confusion in the face of changing health laws, and fear of technical glitches in health exchange websites.
Waivers allow states to test new or existing ways to deliver and pay for health care services in Medicaid. When the federal Centers for Medicare and Medicaid Services approves a waiver, states can adjust regular Medicaid rules as agreed upon in the waiver.
“Economic Gardening”—A Different Approach to Economic Development
A recent Governing article discusses the growth and potential of the concept of “economic gardening”— a “grow from within” economic development tactic that targets existing companies with potential for growth and offers them critical strategic support customized to meet their needs.
According to the article, this tactic got its first tryout in Littleton, Colorado in the late 1980s. The city had just lost Martin Marietta, a major missile manufacturer, which had laid off 7,800 people in a year and a half. Instead of attempting to draw another large company to the area, a group of small business owners and city officials tried a new strategy based on a theory that companies that employ between 10 to 100 people and have annual revenues of $1 million or more have the best potential for growing an economy. Nationally, these businesses, called “stage 2” businesses, make up only 10% of the business population, but create 35% of jobs and grow the middle class workforce.
Littleton identified these stage 2 companies and gave them resources tailored to meet their specific needs. The results:
The city’s business director told Governing, “When Martin Marietta was there, we were a rocket town. Now that the economy is so diverse, there is no one industry that could fail and bring down Littleton like it could 25 years ago.”
Littleton’s success has since spawned the National Center for Economic Gardening, which helps states set up their own economic gardening program, such as the Advance Maryland program launched in 2013. According to Governing, economic gardening is catching on because the targeted nature of its assistance requires less of an investment to make an impact (Advance Maryland is spending roughly $5,000 per business), and it is therefore more politically popular than large, expensive tax credits. It also reduces the need for “economic hunting,” or luring large companies from other states. More information on economic gardening, along with tools and programs for those interested, is available here.
According to the article, this tactic got its first tryout in Littleton, Colorado in the late 1980s. The city had just lost Martin Marietta, a major missile manufacturer, which had laid off 7,800 people in a year and a half. Instead of attempting to draw another large company to the area, a group of small business owners and city officials tried a new strategy based on a theory that companies that employ between 10 to 100 people and have annual revenues of $1 million or more have the best potential for growing an economy. Nationally, these businesses, called “stage 2” businesses, make up only 10% of the business population, but create 35% of jobs and grow the middle class workforce.
Littleton identified these stage 2 companies and gave them resources tailored to meet their specific needs. The results:
.Over the next 25 years, Littleton’s population increased by one-quarter, but the number of jobs tripled and the city’s sales tax revenue went from $6 million to $21 million
The city’s business director told Governing, “When Martin Marietta was there, we were a rocket town. Now that the economy is so diverse, there is no one industry that could fail and bring down Littleton like it could 25 years ago.”
Littleton’s success has since spawned the National Center for Economic Gardening, which helps states set up their own economic gardening program, such as the Advance Maryland program launched in 2013. According to Governing, economic gardening is catching on because the targeted nature of its assistance requires less of an investment to make an impact (Advance Maryland is spending roughly $5,000 per business), and it is therefore more politically popular than large, expensive tax credits. It also reduces the need for “economic hunting,” or luring large companies from other states. More information on economic gardening, along with tools and programs for those interested, is available here.
July 29, 2014
Measuring Income Versus Wealth
Income and wealth can be touchy subjects, especially when couched in terms of disparities or inequalities. But that doesn’t stop economists, like France’s Thomas Piketty, from measuring income and wealth and speculating how they affect society.
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| Source: http://ccattache.com/america-owns-worlds-wealth/ |
What did his analysis reveal? That wealth is growing a lot faster than income. What are the consequences of this trend? Here’s how Bloomberg Businessweek’s Megan McArdle summed it up:
…[Piketty] details a dire possible future that looks a lot like the past—which is to say, a world in which inheritance trumps almost every other possible way of making money. There’s a reason that characters in Victorian novels spend so much time scheming to marry heiresses, murdering inconvenient older brothers, and ingratiating themselves with rich uncles. It’s more profitable than working.
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| "Piketty in Cambridge 3 crop" by Sue Gardner. Licensed under Creative Commons Attribution-Share Alike 3.0 via Wikimedia Commons |
The book speaks to today’s fears even though it addresses future trends. McArdle believes it speaks to “a society that used to offer broad security, stability, and opportunity to the top 75 percent of households but is now increasingly divided into an educated elite and a low-skilled workforce for whom work is uncertain and not very well paying.” McArdle adds, “this doesn’t just make it harder to sustain the iconic single-family home on a nice lot; it makes it harder to form stable families and communities.”is a perfect stand-in for collective anxiety about the fate of the middles class, from Occupy Wall Street’s concern that the 1 percent are leaving the rest of us to an increasingly impoverished future, to the growing worry on the right that inequality springs from and is creating a vicious cycle of economic instability and cultural breakdown among two-thirds of the American population who lack a college diploma.
Hot Report: Connecticut's Barber and Hairdresser Licensure Requirements
OLR Report 2014-R-0199 answers the questions: What are Connecticut’s licensure requirements for barbers and hairdressers, including applicants currently licensed in other states? Does the state offer apprenticeship programs for these professions?
Connecticut has regulated barbers and hairdressers since 1949. Currently, the Department of Public Health (DPH) issues one license to barbers and another to hairdressers and cosmeticians. Separate laws govern each license category (CGS Chapter 386 for barbers; CGS Chapter 387 for hairdressers and cosmeticians). But, the law allows licensed hairdressers to work in barbershops and, conversely, licensed barbers to work in hairdressing shops (CGS § 20-248).
For more information, read the full report.
Connecticut has regulated barbers and hairdressers since 1949. Currently, the Department of Public Health (DPH) issues one license to barbers and another to hairdressers and cosmeticians. Separate laws govern each license category (CGS Chapter 386 for barbers; CGS Chapter 387 for hairdressers and cosmeticians). But, the law allows licensed hairdressers to work in barbershops and, conversely, licensed barbers to work in hairdressing shops (CGS § 20-248).
The law establishes similar application requirements for both licenses. Applicants for both must pay a $100 fee and pass a DPH-prescribed exam. Additionally:
- barbers must complete (a) the eighth grade or pass an equivalency exam and (b) at least 1,000 hours of approved coursework and
- hairdressers must complete (a) the ninth grade or pass an equivalency exam and (b) at least 1,500 hours of approved coursework (PA 14-231).
The law generally allows a person licensed as a barber or hairdresser in another state or U.S. territory or possession to become licensed in Connecticut by endorsement (i.e., without examination) if the other jurisdiction required an exam, education, and training for a license. The fee for licensure by endorsement in Connecticut is $100 for barber applicants and $50 for hairdresser applicants. Hairdresser applicants trained in other countries must show that they have similar training to Connecticut’s requirements and pass an exam.
Currently, the state does not offer apprenticeship programs for barbers or hairdressers. In 2013, the legislature passed a bill (Special Act 13-12) requiring the Connecticut State Apprenticeship Council, in consultation with the DPH commissioner, to study the feasibility of establishing a barbershop apprenticeship program within the Labor Department. We contacted the council regarding the status of this report, but did not receive a response.
Blood Test May Help With Early Alzheimer’s Disease Diagnosis
According to a recent Washington Post article, a new study identified 10 blood proteins that predict, with 87% accuracy, whether a person experiencing early signs of memory loss will develop Alzheimer’s disease within one year. Alzheimer’s, which has no cure, is the fourth leading cause of death in adults.
Researchers from King’s College London and Proteome (a British company) analyzed blood samples from 1,148 people: 476 with Alzheimer’s disease, 220 with mild cognitive impairment (MCI), and 452 without dementia. According to the article, the researchers found that 16 of the 26 blood proteins previously linked to Alzheimer’s were strongly tied to brain shrinkage in people with MCI or Alzheimer’s. They then found 10 of these 16 proteins could predict whether early memory loss would progress to Alzheimer’s within one year.
Senior study author, Simon Lovestone, notes, “Many of our drug trials fail because by the time patients are given the drugs, the brain has already been severely affected.” Researchers hope that the development of such a blood test would help identify Alzheimer’s disease in patients sooner, allowing them to obtain treatment to prevent disease progression.
The article notes that the early identification of Alzheimer’s often raises questions regarding stigma and identity. Some people may not want to know that they have it, given that there is no cure. Conversely, early identification may provide people with time to complete estate planning and “enjoy life to the fullest before losing cognitive function.”
Researchers from King’s College London and Proteome (a British company) analyzed blood samples from 1,148 people: 476 with Alzheimer’s disease, 220 with mild cognitive impairment (MCI), and 452 without dementia. According to the article, the researchers found that 16 of the 26 blood proteins previously linked to Alzheimer’s were strongly tied to brain shrinkage in people with MCI or Alzheimer’s. They then found 10 of these 16 proteins could predict whether early memory loss would progress to Alzheimer’s within one year.
Senior study author, Simon Lovestone, notes, “Many of our drug trials fail because by the time patients are given the drugs, the brain has already been severely affected.” Researchers hope that the development of such a blood test would help identify Alzheimer’s disease in patients sooner, allowing them to obtain treatment to prevent disease progression.
The article notes that the early identification of Alzheimer’s often raises questions regarding stigma and identity. Some people may not want to know that they have it, given that there is no cure. Conversely, early identification may provide people with time to complete estate planning and “enjoy life to the fullest before losing cognitive function.”
July 28, 2014
Innovative New App Takes the Mystery Out of Zoning Maps
The folks at TechRepublic.com recently profiled ZoningCheck, a new app launched on July 17 that is designed to make it easier for entrepreneurs to find properties on which to locate their businesses. Users choose a city, business type, and potential location and the app displays where the business use is permitted or prohibited.
Currently, the app is limited to a small group of California municipalities, but it’s being offered for free to the first 50 cities that sign on through the end of 2015.
The app is meant to streamline the process entrepreneurs must follow to open a business and simultaneously “open up” zoning codes to make them “clear and unambiguous.” As such, it has both “civic and commercial value.”
As one of the app’s creators noted, “I’m excited about how making a zoning computable could lead to rethinking how we do zoning, calculate it, and measure it. That’s in the future. Now, we’re just trying to make this easier for people to use.”
Currently, the app is limited to a small group of California municipalities, but it’s being offered for free to the first 50 cities that sign on through the end of 2015.
The app is meant to streamline the process entrepreneurs must follow to open a business and simultaneously “open up” zoning codes to make them “clear and unambiguous.” As such, it has both “civic and commercial value.”
As one of the app’s creators noted, “I’m excited about how making a zoning computable could lead to rethinking how we do zoning, calculate it, and measure it. That’s in the future. Now, we’re just trying to make this easier for people to use.”
Recognition for Bridgeport Fuel Cell Plant
After recently visiting the new 15 megawatt fuel cell power plant in Bridgeport, Slate.com’s Daniel Gross suggests that the plant offers a more efficient, reliable, and cleaner alternative to importing electricity into American cities. Unlike solar installations or wind turbines, which need much more space and the right environmental conditions to generate any significant power, a fuel cell plant is relatively small and can be located more easily in a city. In turn, the plant’s location within a city reduces the need to transmit the power over long distances, which reduces the risk of power disruptions due to falling trees and other hazards and also reduces the amount of electricity lost during transmission. Also, plants that run on natural gas, like Bridgeport’s, produce about 60% fewer emissions than coal-powered plants.
July 25, 2014
U.S. Sentencing Commission Votes to Allow Retroactive Reduction in Drug Sentences
This month, the U.S. Sentencing Commission voted unanimously to make its proposed amendment to the federal drug trafficking sentencing guidelines retroactive. According to the press release announcing the vote, this would allow about 46,000 current federal inmates to apply to a judge for a sentence reduction, beginning November 2015. Eligible offenders could have their sentences reduced by an average of 25 months or 18.8% of the total sentence.
Congress has until November, 1, 2014 to reject the proposed changes to the sentencing guidelines. According to the press release, the delayed effective date for the retroactive reductions (until the following November), among other things, will:
Congress has until November, 1, 2014 to reject the proposed changes to the sentencing guidelines. According to the press release, the delayed effective date for the retroactive reductions (until the following November), among other things, will:
This Washington Post article discusses the proposal.allow judges more time to consider whether each eligible offender is an appropriate candidate for a sentence reduction and will give the government adequate time to object to sentence reductions when prosecutors believe public safety may be at risk.
Local Produce for WIC Recipients
Over the summer and through the early fall, shoppers can turn to farmers’ markets throughout the state for fresh, local fruit and vegetables. Several markets participate in the Women, Infants, and Children (WIC) Farmers’ Market Nutrition Program (FMNP). (WIC is a federal program that provides supplemental nutrition assistance to pregnant and post-partum women and their children up to their fifth birthday.)
According to the Department of Agriculture, eligible WIC recipients receive $15 in checks (five checks for $3 each) per market season to use at FMNP authorized farmers’ markets. The department recently posted on its website an updated list of farmers’ markets around the state, including 106 that are FMNP authorized.
According to the Department of Agriculture, eligible WIC recipients receive $15 in checks (five checks for $3 each) per market season to use at FMNP authorized farmers’ markets. The department recently posted on its website an updated list of farmers’ markets around the state, including 106 that are FMNP authorized.
July 24, 2014
Fireworks-related Injuries Increased in 2013
According to a new report by the Consumer Product Safety Commission (CPSC), the estimated number of injuries related to fireworks use increased nationally from 8,700 in 2012 to 11,400 in 2013. The number of injuries reported last year is also the highest occurrence of such injuries between 1998 and 2013 (see inset Table 1, reproduced from page 10 of the CPSC’s report, which presents the estimated number of non-occupational fireworks-related injuries treated in hospital emergency departments).
Sixty-five percent of the injuries occurring last year took place during the 30 days surrounding July 4. Over 40% of the injuries resulted from sparklers and rockets. Eight deaths also occurred in 2013 from fireworks use.
According to a press release summarizing the report’s findings, the fireworks injuries were often due to device malfunction or improper use such as ignition while holding the device. All of the deaths reported in 2013 resulted from using banned, professional, or home-manufactured devices.
Although the CPSC press release provides safety steps for consumers who use fireworks, Connecticut law generally prohibits selling or using fireworks without a permit. Sparklers and fountains may be used by people aged 16 or older. Violators of the law are guilty of a class C misdemeanor, punishable by up to a $500 fine, three months in jail, or both (CGS § 29-357).
Sixty-five percent of the injuries occurring last year took place during the 30 days surrounding July 4. Over 40% of the injuries resulted from sparklers and rockets. Eight deaths also occurred in 2013 from fireworks use.
According to a press release summarizing the report’s findings, the fireworks injuries were often due to device malfunction or improper use such as ignition while holding the device. All of the deaths reported in 2013 resulted from using banned, professional, or home-manufactured devices.
Although the CPSC press release provides safety steps for consumers who use fireworks, Connecticut law generally prohibits selling or using fireworks without a permit. Sparklers and fountains may be used by people aged 16 or older. Violators of the law are guilty of a class C misdemeanor, punishable by up to a $500 fine, three months in jail, or both (CGS § 29-357).
Hot Report: Regulating Noise Generated by Outdoor Entertainment
OLR Report 2014-R-0196 answers the question: does the law authorize municipalities to regulate noise generated by outdoor entertainment (e.g., concerts)?
The Office of Legislative Research is not authorized to give legal opinions, and this report should not be construed as such.
State law does not explicitly authorize municipalities to regulate noise generated by outdoor entertainment, but the power to do so is implied in the statutes granting municipalities (1) their general municipal and zoning powers and (2) the authority to adopt noise ordinances (CGS §§ 7-148, 8-2, and 22a-73). Regulations and ordinances typically include (1) restrictions on when and where such entertainment may occur and (2) general limits on noise levels.
By law, municipalities’ (1) legislative bodies may adopt ordinances to, among other things, regulate public amusements and performances and prevent disturbing noises and (2) zoning commissions may adopt regulations specifying land uses that are suitable for an area’s character. In several cases, Connecticut’s courts have upheld, as a legitimate exercise of these general municipal and zoning powers, regulations and ordinances restricting outdoor entertainment that generates loud noises.
Additionally, the law authorizes municipalities to regulate noise by adopting a noise ordinance approved by the Department of Energy and Environmental Protection (DEEP) (CGS § 22a-73). According to DEEP, at least 75 municipalities have noise ordinances. Unless specifically exempted (e.g., by a permit or by the ordinance itself), outdoor entertainment noise is subject to the limits in these ordinances.
For more information, read the full report.
The Office of Legislative Research is not authorized to give legal opinions, and this report should not be construed as such.
State law does not explicitly authorize municipalities to regulate noise generated by outdoor entertainment, but the power to do so is implied in the statutes granting municipalities (1) their general municipal and zoning powers and (2) the authority to adopt noise ordinances (CGS §§ 7-148, 8-2, and 22a-73). Regulations and ordinances typically include (1) restrictions on when and where such entertainment may occur and (2) general limits on noise levels.
By law, municipalities’ (1) legislative bodies may adopt ordinances to, among other things, regulate public amusements and performances and prevent disturbing noises and (2) zoning commissions may adopt regulations specifying land uses that are suitable for an area’s character. In several cases, Connecticut’s courts have upheld, as a legitimate exercise of these general municipal and zoning powers, regulations and ordinances restricting outdoor entertainment that generates loud noises.
Additionally, the law authorizes municipalities to regulate noise by adopting a noise ordinance approved by the Department of Energy and Environmental Protection (DEEP) (CGS § 22a-73). According to DEEP, at least 75 municipalities have noise ordinances. Unless specifically exempted (e.g., by a permit or by the ordinance itself), outdoor entertainment noise is subject to the limits in these ordinances.
For more information, read the full report.
CDC Advisory Committee Recommends Nasal Spray Flu Vaccine Instead of Vaccine Shot for Young Children
As reported in Time, the CDC’s Advisory Committee on Immunization Practices (ACIP) voted in late June to recommend that children age 2 to 8 receive a nasal spray flu vaccine rather than a vaccine shot.
ACIP’s press release states that the recommendation “is based on a review of available studies that suggests the nasal spray flu vaccine can provide better protection [against the flu] than the flu shot in this age group.” ACIP also recommends that the flu shot be given if the nasal spray is not immediately available, to avoid missing or delaying vaccination opportunities.
Unlike the flu shot, the nasal spray is made from a live, weakened flu virus. According to the Time article, “[s]tudies have shown the spray can lead to a stronger immune response in children who have not had the flu before, but the same may not hold true for adults.”
The article notes that there is some disagreement with the panel’s recommendation. For example, the American Academy of Pediatrics does not think one vaccine type for children should be preferred over another, because both are effective. The group also cites the concern that the nasal spray typically costs more than the flu shot.
ACIP’s press release states that the recommendation “is based on a review of available studies that suggests the nasal spray flu vaccine can provide better protection [against the flu] than the flu shot in this age group.” ACIP also recommends that the flu shot be given if the nasal spray is not immediately available, to avoid missing or delaying vaccination opportunities.
Unlike the flu shot, the nasal spray is made from a live, weakened flu virus. According to the Time article, “[s]tudies have shown the spray can lead to a stronger immune response in children who have not had the flu before, but the same may not hold true for adults.”
The article notes that there is some disagreement with the panel’s recommendation. For example, the American Academy of Pediatrics does not think one vaccine type for children should be preferred over another, because both are effective. The group also cites the concern that the nasal spray typically costs more than the flu shot.
July 23, 2014
Vote-by-Mail Elections Popping Up
In 2013, Colorado became the third state to switch to statewide vote-by-mail elections. Oregon and Washington are the other two, according to the National Conference of State Legislatures’ (NCSL) elections newsletter, The Canvass. In vote-by-mail, or all-mail, elections, states automatically mail a ballot to every registered voter and do not operate traditional in-person polling places.
Though Colorado, Oregon, and Washington are the only states that allow for vote-by-mail elections statewide, at least 22 others allow them in certain jurisdictions or under certain circumstances. For example, in Idaho, a district can use vote-by-mail if it has 125 or fewer registered voters. Hawaii allows for vote-by-mail in local and special elections.
The article concludes by identifying and explaining three main issues state legislators should think about in contemplating vote-by-mail elections: (1) costs, (2) turnout, and (3) security. It also suggests that further research about vote-by-mail is needed as voters are looking for more convenient ways to participate in elections. In 2012, it reports that almost one-third of all voters cast their ballot before Election Day (either by absentee or vote-by-mail)—nearly double the rate from the 2000 election.
Though Colorado, Oregon, and Washington are the only states that allow for vote-by-mail elections statewide, at least 22 others allow them in certain jurisdictions or under certain circumstances. For example, in Idaho, a district can use vote-by-mail if it has 125 or fewer registered voters. Hawaii allows for vote-by-mail in local and special elections.
The article concludes by identifying and explaining three main issues state legislators should think about in contemplating vote-by-mail elections: (1) costs, (2) turnout, and (3) security. It also suggests that further research about vote-by-mail is needed as voters are looking for more convenient ways to participate in elections. In 2012, it reports that almost one-third of all voters cast their ballot before Election Day (either by absentee or vote-by-mail)—nearly double the rate from the 2000 election.
Tennessee Protects People Who Free Children Trapped in Vehicles from Liability
Bystanders who break into a locked vehicle to rescue children in danger of heatstroke are immune from liability under a Tennessee law enacted this year.
The law, which took effect July 1, 2014, protects anyone who forcibly enters a motor vehicle to remove a child locked or trapped inside if the person reasonably believes that the child is in imminent danger.
The rescuer must:
- have alerted the local police or fire department, or called 911, before breaking into the vehicle;
- place a notice on the windshield with his or her contact information, the reason he or she broke in, the location of the child, and that he or she has notified the authorities; and
- must stay with the child in a reasonably close, safe location until police, fire, or emergency responders arrive.
The Nashville Tennessean reports that 28 children died of heatstroke in vehicles in that state since 1990.
July 22, 2014
Number of Federal Civil Rights Court Cases Remains High
According to research from the federal Judicial Branch, 35,307 civil rights cases were filed in federal courts in 2013. This represents a 27% increase over the last two decades, but a decline from the high of 43,278 cases filed in 1997. The research shows that filings began to increase after the federal Civil Rights Act of 1964 became law. They increased more dramatically after the federal Civil Rights Act of 1991 became law, reached a high in 1997, and have declined some since then.
The highest percentage of 2013 claims (38%) relate to employment.
For more information, see:
• an infographic on case filings: http://news.uscourts.gov/over-two-decades-civil-rights-cases-rise-27-percent
• data on all types of federal court filings over time: http://www.uscourts.gov/uscourts/Statistics/JudicialBusiness/2013/appendices/C02ASep13.pdf
The highest percentage of 2013 claims (38%) relate to employment.
For more information, see:
• an infographic on case filings: http://news.uscourts.gov/over-two-decades-civil-rights-cases-rise-27-percent
• data on all types of federal court filings over time: http://www.uscourts.gov/uscourts/Statistics/JudicialBusiness/2013/appendices/C02ASep13.pdf
Timely Report: Heatstroke Deaths of Children Left in Vehicles
OLR Report 2014-R-0202 answers the questions: What are the laws and associated penalties in New York and the New England states for leaving a child in a vehicle who dies from resulting heatstroke? How many children in those states died from heatstroke in the past five years after being left unattended in vehicles? Is there a correlation between these occurrences and the penalty associated with it?
Of the New England states and New York, only Connecticut specifically criminalizes, in certain circumstances, the act of leaving a child in a vehicle unattended. The other states do not specifically criminalize this behavior. But every state, including Connecticut, has laws under which, depending on the circumstances, someone may be charged when a child dies after being left in a hot vehicle. These include murder, manslaughter, and risk on injury to a minor statutes. In Connecticut, the penalties for these crimes range from a class C felony (punishable by one to 10 years in prison, a fine of up to $10,000 , or both) for risk of injury to a minor to life in prison without the possibility of parole for murder with special circumstances.
Although Rhode Island does not specifically criminalize leaving a child in a hot vehicle unattended, it authorizes police officers to issue verbal warnings in such circumstances. Also, Massachusetts is currently considering a bill that would subject a person to a fine for such an act.
From 2009-2013, there have been a total of six reported child deaths in New York and New England resulting from the child being left unattended in a hot vehicle. None of the deaths occurred in Connecticut. (One child is suspected to have died in Connecticut under these circumstances in July 2014 but the death is still under investigation.) We were unable to draw a correlation based on the limited data between the severity of the penalty and the incidences of these deaths.
For more information, read the full report.
Of the New England states and New York, only Connecticut specifically criminalizes, in certain circumstances, the act of leaving a child in a vehicle unattended. The other states do not specifically criminalize this behavior. But every state, including Connecticut, has laws under which, depending on the circumstances, someone may be charged when a child dies after being left in a hot vehicle. These include murder, manslaughter, and risk on injury to a minor statutes. In Connecticut, the penalties for these crimes range from a class C felony (punishable by one to 10 years in prison, a fine of up to $10,000 , or both) for risk of injury to a minor to life in prison without the possibility of parole for murder with special circumstances.
Although Rhode Island does not specifically criminalize leaving a child in a hot vehicle unattended, it authorizes police officers to issue verbal warnings in such circumstances. Also, Massachusetts is currently considering a bill that would subject a person to a fine for such an act.
From 2009-2013, there have been a total of six reported child deaths in New York and New England resulting from the child being left unattended in a hot vehicle. None of the deaths occurred in Connecticut. (One child is suspected to have died in Connecticut under these circumstances in July 2014 but the death is still under investigation.) We were unable to draw a correlation based on the limited data between the severity of the penalty and the incidences of these deaths.
For more information, read the full report.
Do Higher Education Tax Benefits Support The Families Who Need It Most?
The Corporation for Enterprise Development (CFED) doesn’t think so, according to its May 2014 report Upside Down: Higher Education Tax Spending. The report offers illustrations of federal tax spending programs for higher education, explanations of how they fall short of meeting the neediest populations’ needs, and possible remedies for these shortfalls.
The report shows that spending through the tax code for higher education is roughly equal to the primary sources of federal support for special education (IDEA), K-12 (Title 1-A), and Pre-K (Head Start) combined. From another perspective, the amount is larger than the discretionary budgets of nine cabinet-level departments.
CFED also shows how higher education tax spending focuses support on high-income households by examining four credits: the Lifetime Learning Credit, American Opportunity Tax Credit, Student Loan Deduction, and Deduction for Higher Education Expenses. None of these credits pass their “simple test of equity and efficiency”: the bottom 40% of households (those making less than $70,000 annually) do not receive as much aid as the top 40% (those making more than $100,000). In fact, three out of the four credits benefit the top 40% of households more than all other households combined.
The report concludes with suggestions for Congress to adjust spending so that the neediest families may benefit from these expenditures.
The report shows that spending through the tax code for higher education is roughly equal to the primary sources of federal support for special education (IDEA), K-12 (Title 1-A), and Pre-K (Head Start) combined. From another perspective, the amount is larger than the discretionary budgets of nine cabinet-level departments.
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July 21, 2014
Michigan: The Turnaround State (But Who or What Turned it Around?)
Michigan was already in a deep economic hole when the 2009 recession hit, adding another 400,000 plus lost jobs to the over 400,000 the state had already lost. Unemployment reached 14% that year and personal income dropped to 87% of the national average, tough numbers for the nation’s industrial powerhouse. But things have started turning around, with unemployment dropping to just under 9% and per capita income growing by 3.5%, inching its way to the national average. Housing sales, building permits, and population statistics are also up.
But this good news has triggered a political debate about who caused the turnaround and how, according to Suzanne Weiss in the May 2014 State Legislatures. Legislative minority Democrats point to the federal bailout of General Motors and Chrysler and Ford’s amazing turnaround (the company mortgaged almost all of its assets to stay in business). Majority Republicans cite a host of 2011 initiatives including a flat 6% corporate income tax (that’s expected to reduce business taxes by about $1.8 billion a year) and a 10-year phase-out of personal property taxes.
Who’s right? Well, we’re not going to jump into this debate, but we would like to suggest that both sides consider University of Michigan professor Scott E. Page’s ideas about complexity, a discipline that draws ideas, concepts, and tools from many other disciplines, including mathematics and economics. Complexity science helps us understand how our choices interact with those of others to create unexpected and unintended outcomes.
While the debate continues, a group of Michigan business leaders put forward a plan in 2009 (updated in 2014) recommending that the state concentrate resources on five assets, in addition to the automotive industry, that could create the most jobs and strengthen the economy:
But this good news has triggered a political debate about who caused the turnaround and how, according to Suzanne Weiss in the May 2014 State Legislatures. Legislative minority Democrats point to the federal bailout of General Motors and Chrysler and Ford’s amazing turnaround (the company mortgaged almost all of its assets to stay in business). Majority Republicans cite a host of 2011 initiatives including a flat 6% corporate income tax (that’s expected to reduce business taxes by about $1.8 billion a year) and a 10-year phase-out of personal property taxes.
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While the debate continues, a group of Michigan business leaders put forward a plan in 2009 (updated in 2014) recommending that the state concentrate resources on five assets, in addition to the automotive industry, that could create the most jobs and strengthen the economy:
- Play up Michigan’s top ranking with respect to engineers per capita and concentrated technical talent.
- Invest in the state’s transportation infrastructure, including the Port of Detroit, one of two U.S. deep water ports that can handle the largest container ships.
- Capitalize on Michigan’s leadership in university- and industry-based innovation by making higher education more affordable and strengthening university-business partnerships, among other things.
- Maximize the state’s natural resources by attracting more tourists and boosting agricultural production and exports.
- Capitalize on Michigan’s unique combination of bioscience majors, high quality medical research facilities, and other related assets to make the state an incubation hub for startup pharmaceutical businesses.
F-35 Cleared for Flight
As reported on CNN.com, the F-35 fleet has been cleared for limited flights following the grounding order after a plane’s engine caught fire in June. After investigations and inspections from the Air Force, the plane’s manufacturer (Lockheed Martin), and the engine’s manufacturer (Pratt & Whitney), the F-35 program has been returned to flying status.
The F-35 is the most expensive weapons program in U.S. history with nearly $400 billion already spent and an estimated cost of $135 million per plane.
The article notes that the program has had many overruns and delays, with the engine fire being the most recent. It has also suffered, among other things, software and scheduling setbacks. An analyst states that the glitches now get resolved much faster compared to 18 to 24 months ago.
The F-35 is the most expensive weapons program in U.S. history with nearly $400 billion already spent and an estimated cost of $135 million per plane.
The article notes that the program has had many overruns and delays, with the engine fire being the most recent. It has also suffered, among other things, software and scheduling setbacks. An analyst states that the glitches now get resolved much faster compared to 18 to 24 months ago.
July 18, 2014
Hefty Tax Bill for Potato Salad Guy
By now, you have heard about Zack Danger Brown’s Kickstarter campaign for potato salad. Brown posted the campaign with an initial goal of raising $10 to make his first potato salad, but as of July 17 at 11:35 am, his potato salad project has received $50,740 in pledges from 6,182 donors.
As the website explains, funds raised on Kickstarter are generally considered taxable. So Scott Eastman at the Tax Foundation calculated the tax bill Brown can expect to pay on his potato salad project. Eastman’s calculations work out to a tax bill of just over $21,000 based on $70,912 in donations (the total amount of pledges as of July 9, 2014, which has since decreased as noted above). That’s an effective tax rate of 32%.
Source: Tax Foundation, “$21,000 Tax Bill Just for Some Potato Salad,” July 9, 2014.
As the website explains, funds raised on Kickstarter are generally considered taxable. So Scott Eastman at the Tax Foundation calculated the tax bill Brown can expect to pay on his potato salad project. Eastman’s calculations work out to a tax bill of just over $21,000 based on $70,912 in donations (the total amount of pledges as of July 9, 2014, which has since decreased as noted above). That’s an effective tax rate of 32%.
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Income and Taxes Paid by Zach Danger
Brown
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The Potato Salad Maker From Kickstarter
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Source: Tax Foundation Estimates
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As of 2:28pm, Wednesday, July 9, 2014
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Income
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Total
Income
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$70,912
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Income
Minus Expenses and 5% Finders Fee
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$65,912
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Taxable
Income
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$51,105.47
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Taxes
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Federal
Income
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$8,632.22
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State
Income
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$1,712.00
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City
Income
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$1,510.20
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Payroll
Tax Burden
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$9,313.07
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Total
Tax Burden
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$21,167.49
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Effective
Tax Rate
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32.11%
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After
Tax Income Less Expenses
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$44,744.51
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Source: Tax Foundation, “$21,000 Tax Bill Just for Some Potato Salad,” July 9, 2014.
Protecting Children from Identity Theft
A June 11, 2014 OLReporter entry summarized eight tips to protect young adults from identity theft, as provided by the Department of Consumer Protection’s May edition of Consumer Watch. Adults are not the only people at risk of identity theft, however.
According to a recent U.S. News and World Report article, a 2011 study found that about 10% of children are identity theft victims before their 18th birthday. The article attributed targeting children for identity theft to reasons such as children’s Social Security numbers having clean credit files and the credit reports are less likely to be monitored. To help protect a child’s credit from fraud, the article advises parents to (1) learn the signs that indicate a credit history has been compromised, (2) check their children’s credit reports, and (3) consider whether to freeze a child’s credit.
The National Conference of State Legislatures reports in its June 2014 State Legislatures magazine that each state has a law on identity theft or impersonation. Twenty-nine states have restitution provisions requiring identity thieves to reimburse victims.
According to a recent U.S. News and World Report article, a 2011 study found that about 10% of children are identity theft victims before their 18th birthday. The article attributed targeting children for identity theft to reasons such as children’s Social Security numbers having clean credit files and the credit reports are less likely to be monitored. To help protect a child’s credit from fraud, the article advises parents to (1) learn the signs that indicate a credit history has been compromised, (2) check their children’s credit reports, and (3) consider whether to freeze a child’s credit.
The National Conference of State Legislatures reports in its June 2014 State Legislatures magazine that each state has a law on identity theft or impersonation. Twenty-nine states have restitution provisions requiring identity thieves to reimburse victims.
July 17, 2014
Massachusetts Casino Repeal Referendum
Massachusetts’ Supreme Judicial Court recently ruled that a casino repeal measure can appear on the November ballot. The Court unanimously ruled that the state attorney general made a mistake when she ruled the repeal measure was an unconstitutional taking of the casino developers’ implied contract rights without just compensation.
Casino developers, in an attempt to secure casino licensing, have paid the state’s $400,000 application fee and millions in developing their bids.
According to a Boston Globe poll, 52% of likely voters favored keeping the 2011 gambling law that authorized casinos, while 41% favored repeal.
Casino developers, in an attempt to secure casino licensing, have paid the state’s $400,000 application fee and millions in developing their bids.
According to a Boston Globe poll, 52% of likely voters favored keeping the 2011 gambling law that authorized casinos, while 41% favored repeal.
Hot Report: Marijuana Legalization for Non-Medical Purposes
OLR Report 2014-R-0191 answers the questions: Which states have legalized marijuana for non-medical purposes? What are the concerns about such legalization and how were they addressed? What effect has legalization had on crime in these states?
In November 2012, voters in Colorado and Washington approved ballot initiatives that generally legalized the possession of small amounts of marijuana for non-medical purposes by adults age 21 and older in those states. They became the first two states to allow marijuana use for non-medical purposes. Both states regulate marijuana in a manner similar to alcohol.
The stated purposes of the Colorado measure include the efficient use of law enforcement resources, public revenue enhancement, and individual freedom. The stated intent of the Washington measure includes allowing law enforcement resources to focus on violent and property crimes, generating new tax revenue, and shifting marijuana away from illegal organizations into a tightly regulated system such as that which regulates alcohol.
Media reports suggest that concerns about marijuana legalization for non-medical purposes include (1) the drug’s continuing illegal status under federal law; (2) public health risks, such as the possibility of increased marijuana use overall and increased access by children; and (3) public safety concerns, such as maintaining security at the facilities that grow and sell marijuana.
Colorado and Washington attempted to address some of those concerns through their laws or implementing regulations. For example, both states require businesses to be licensed to grow marijuana, manufacture marijuana-infused products, or sell marijuana or such products at retail. Both states’ laws and regulations have various provisions aimed at reducing minors’ access to marijuana or exposure to marijuana advertising. Both states address recordkeeping and security issues and require testing of samples of marijuana and marijuana products. Washington’s initiative requires the state’s nonpartisan public policy institute to conduct cost-benefit evaluations of the initiative’s implementation.
The first retail marijuana stores in Colorado opened in January 2014, and the first such stores were expected to open in Washington July 8, 2014. It is too soon to evaluate the impact of the laws on crime or how well the states have addressed concerns surrounding marijuana legalization for non-medical purposes.
While marijuana remains a Schedule I controlled substance under federal law, the U.S. Department of Justice (DOJ) announced in August 2013 that it would not challenge the Colorado or Washington laws as long as the states maintain strict regulatory control over marijuana.
For more information, read the full report.
In November 2012, voters in Colorado and Washington approved ballot initiatives that generally legalized the possession of small amounts of marijuana for non-medical purposes by adults age 21 and older in those states. They became the first two states to allow marijuana use for non-medical purposes. Both states regulate marijuana in a manner similar to alcohol.
The stated purposes of the Colorado measure include the efficient use of law enforcement resources, public revenue enhancement, and individual freedom. The stated intent of the Washington measure includes allowing law enforcement resources to focus on violent and property crimes, generating new tax revenue, and shifting marijuana away from illegal organizations into a tightly regulated system such as that which regulates alcohol.
Media reports suggest that concerns about marijuana legalization for non-medical purposes include (1) the drug’s continuing illegal status under federal law; (2) public health risks, such as the possibility of increased marijuana use overall and increased access by children; and (3) public safety concerns, such as maintaining security at the facilities that grow and sell marijuana.
Colorado and Washington attempted to address some of those concerns through their laws or implementing regulations. For example, both states require businesses to be licensed to grow marijuana, manufacture marijuana-infused products, or sell marijuana or such products at retail. Both states’ laws and regulations have various provisions aimed at reducing minors’ access to marijuana or exposure to marijuana advertising. Both states address recordkeeping and security issues and require testing of samples of marijuana and marijuana products. Washington’s initiative requires the state’s nonpartisan public policy institute to conduct cost-benefit evaluations of the initiative’s implementation.
The first retail marijuana stores in Colorado opened in January 2014, and the first such stores were expected to open in Washington July 8, 2014. It is too soon to evaluate the impact of the laws on crime or how well the states have addressed concerns surrounding marijuana legalization for non-medical purposes.
While marijuana remains a Schedule I controlled substance under federal law, the U.S. Department of Justice (DOJ) announced in August 2013 that it would not challenge the Colorado or Washington laws as long as the states maintain strict regulatory control over marijuana.
For more information, read the full report.
Study Finds Almost 18% of High School Seniors Smoke Hookah
According to a recent Time.com article, a study recently published in Pediatrics found almost one out of five high school seniors smoke hookahs (i.e., water pipes used to smoke specially made flavored tobacco).
Researchers at New York University surveyed 15,000 high school seniors at 130 public and private high schools across the country. According to the article, researchers focused on a sample of 5,540 students, inquiring about their hookah use between 2010 and 2012.
Researchers found that students of higher socioeconomic status were more likely to use hookah. According to study author Joseph Palamar, “Surprisingly, students with more educated parents or higher personal income are at high risk for use.”
The researchers acknowledged that smoking hookah generally occurs less frequently than cigarettes, but expressed concerns about “hookah pens,” which make smoking hookah easier. Similar to e-cigarettes, these devices are suspected to attract “curious” consumers, including non-cigarette smokers.
Researchers at New York University surveyed 15,000 high school seniors at 130 public and private high schools across the country. According to the article, researchers focused on a sample of 5,540 students, inquiring about their hookah use between 2010 and 2012.
Researchers found that students of higher socioeconomic status were more likely to use hookah. According to study author Joseph Palamar, “Surprisingly, students with more educated parents or higher personal income are at high risk for use.”
The researchers acknowledged that smoking hookah generally occurs less frequently than cigarettes, but expressed concerns about “hookah pens,” which make smoking hookah easier. Similar to e-cigarettes, these devices are suspected to attract “curious” consumers, including non-cigarette smokers.
July 16, 2014
The State of Black-Owned Banks after the Financial Crisis
The banking industry received significant attention during and after the 2008 financial crisis. The condition of black-owned banks (BOB) in the wake of the crisis is described in a Summer 2014 Community and Banking article. (The journal is published by the Federal Reserve Bank of Boston.)
According to the article, BOBs are predominately located in communities that other banks might view as unprofitable. These communities are areas where more than half the residents live below the poverty line and where poverty rates are almost twice the national average, suggesting that BOBs primarily serve the capital needs of low-income customers, while creating jobs and providing job training opportunities in these areas.
Citing national statistics from the Federal Reserve and the Federal Deposit Insurance Corporation (FDIC), the article indicates that from 2000 to 2011 there was a sharp decline in the total number of BOBs with only a slight decrease in the total number of branches. During this same period, the geographic area served by BOBs expanded (measured by the number of unique ZIP codes of account holders) and the average deposits per branch and per bank increased significantly. Specifically, the statistics show that from 2000 to 2011 the:
According to the article, BOBs are predominately located in communities that other banks might view as unprofitable. These communities are areas where more than half the residents live below the poverty line and where poverty rates are almost twice the national average, suggesting that BOBs primarily serve the capital needs of low-income customers, while creating jobs and providing job training opportunities in these areas.
Citing national statistics from the Federal Reserve and the Federal Deposit Insurance Corporation (FDIC), the article indicates that from 2000 to 2011 there was a sharp decline in the total number of BOBs with only a slight decrease in the total number of branches. During this same period, the geographic area served by BOBs expanded (measured by the number of unique ZIP codes of account holders) and the average deposits per branch and per bank increased significantly. Specifically, the statistics show that from 2000 to 2011 the:
- number of BOBs declined from 51 to 33 (35.3%),
- number of branches decreased from 163 to 159 (2.5%),
- number of ZIP codes served expanded from 142 to 150 (5.6%), and
- average deposits grew to over $10 million per branch office (40.9%) and slightly less than $180 million per bank (159.8%)
New Orleans Closes Last Neighborhood Public School, Goes All in with Charter Schools
This fall, the charter school experiment will reach a new plateau as New Orleans become the first city to close the last of its traditional public schools and convert them to public charter schools, the Washington Post reports.
The Post looked back over the history of charter schools, observing
But like so much in public education, charter schools are controversial. In New Orleans, the controversy concerns (1) losing the sense of community that comes with a neighborhood school, (2) racial equality, and (3) turning over school management to independent operators who seem less accountable to parents and students, the Post reports.
On the other hand, some charters have shown marked improvement in student performance. According to the Post,
The Post looked back over the history of charter schools, observing
"It has been two decades since the first public charter school opened in Minnesota, conceived as a laboratory where innovations could be tested before their introduction into public schools. Now, 42 states encourage charters as an alternative to conventional schools, and enrollment has been growing, particularly in cities."
But like so much in public education, charter schools are controversial. In New Orleans, the controversy concerns (1) losing the sense of community that comes with a neighborhood school, (2) racial equality, and (3) turning over school management to independent operators who seem less accountable to parents and students, the Post reports.
On the other hand, some charters have shown marked improvement in student performance. According to the Post,
"By most indicators, school quality and academic progress have improved in Katrina’s aftermath, although it’s difficult to make direct comparisons because the student population changed drastically after the hurricane [Katrina], with thousands of students not returning."
July 15, 2014
Pediatricians to Advise Parents to Read to Infants from Birth
The American Academy of Pediatrics (AAP) is asking its 62,000 members to advise parents of newborns to read aloud to their children on a daily basis. Although many more affluent parents read to their children as a matter of course, the AAP has found that many parents do not read to their children as much as they should.
The AAP believes that reading aloud may help reduce the literacy gap between wealthier and low-income children. “Children who are read to during infancy and preschool years have better language skills when they start school and are more interested in reading,” the AAP said. “In addition, parents who spend time reading to their children create nurturing relationships, which is important for a child’s cognitive, language and social-emotional development.”
“If we can get that first 1,000 days of life right,” an assistant professor of pediatrics told the New York Times, “we’re really going to save a lot of trouble later on and have to do far less remediation.”
Another concern of AAP is that parents of all income groups are forgoing reading in favor of having very young children use smartphones and similar technology, the Times reported.
The AAP believes that reading aloud may help reduce the literacy gap between wealthier and low-income children. “Children who are read to during infancy and preschool years have better language skills when they start school and are more interested in reading,” the AAP said. “In addition, parents who spend time reading to their children create nurturing relationships, which is important for a child’s cognitive, language and social-emotional development.”
“If we can get that first 1,000 days of life right,” an assistant professor of pediatrics told the New York Times, “we’re really going to save a lot of trouble later on and have to do far less remediation.”
Another concern of AAP is that parents of all income groups are forgoing reading in favor of having very young children use smartphones and similar technology, the Times reported.
Hot Report: Local Taxes on Leased Cars
OLR Report 2014-R-0189 answers the question: Who is liable for paying local taxes on leased cars in Connecticut, the other New England states, and New Jersey and New York?
People leasing cars in the selected states that levy local motor vehicle taxes and fees generally pay them, unless the lease agreement requires otherwise. Leased and privately owned cars are subject to property taxes in Connecticut; excise taxes in Maine, Massachusetts, and Rhode Island; and motor vehicle registration fees in New Hampshire. They are not subject to local taxes in New Jersey, New York, and Vermont.
For more information, read the full report.
People leasing cars in the selected states that levy local motor vehicle taxes and fees generally pay them, unless the lease agreement requires otherwise. Leased and privately owned cars are subject to property taxes in Connecticut; excise taxes in Maine, Massachusetts, and Rhode Island; and motor vehicle registration fees in New Hampshire. They are not subject to local taxes in New Jersey, New York, and Vermont.
For more information, read the full report.
Satellite Launches to Study Carbon Emissions
Combusting oil and coal produces energy, but also carbon dioxide emissions. Of the estimated 100 million tons of carbon dioxide emitted per day on earth, half remains in the atmosphere, a quarter is dissolved in the ocean, and the rest is absorbed by plants, but scientists are trying to understand more about when, where, and how plants soak up these emissions. One big question they hope to understand better is how plants have kept pace with fossil fuel emissions that have tripled since 1960.
According to a recent New York Times article, NASA will be launching a satellite to understand better these questions. The satellite will take a million measurements per day with a tool designed to measure the colors of the sunlight as it is reflected by the earth’s surface. The intensity of the color reveals the amount of carbon dioxide the light beam passed through.
A similar mission failed in 2009 when equipment on the satellite malfunctioned, resulting in a crash soon after takeoff.
According to a recent New York Times article, NASA will be launching a satellite to understand better these questions. The satellite will take a million measurements per day with a tool designed to measure the colors of the sunlight as it is reflected by the earth’s surface. The intensity of the color reveals the amount of carbon dioxide the light beam passed through.
A similar mission failed in 2009 when equipment on the satellite malfunctioned, resulting in a crash soon after takeoff.
July 14, 2014
Farming as a Second Career
Retiring? Leaving a job? Consider farming. According to The New York Times, the 2013 Economic Report of the President notes that one-third of beginning farmers (i.e., those who have been farming fewer than 10 years) “are over age 55, indicating that many farmers move into agriculture only after retiring from a different career.” Additionally, the report found that the average age of farmers and ranchers in the United States has been increasing over time.
The New York Times article features Connecticut-resident Debra Sloane, whose position with Cisco Systems was eliminated in 2013. She now operates a backyard farm in Washington, Connecticut; sells produce at local farmers’ markets; and runs a community-supported agriculture program (CSA). She has 11 CSA customers who pay her in advance in exchange for weekly portions of fruits and vegetables throughout the summer.
The New York Times article features Connecticut-resident Debra Sloane, whose position with Cisco Systems was eliminated in 2013. She now operates a backyard farm in Washington, Connecticut; sells produce at local farmers’ markets; and runs a community-supported agriculture program (CSA). She has 11 CSA customers who pay her in advance in exchange for weekly portions of fruits and vegetables throughout the summer.
Road Trip: Midwestern Modernist Architecture
Heading west this summer? As part of its “Fifty Reasons to Love the Road Trip” series, the Wall Street Journal maps sites between Cleveland and Chicago for the road tripping architecture-lover. According to the article, there is a concentration of modern and contemporary architecture in the Midwest thanks to preservation efforts and a recent museum-building boom. Noteworthy sites include:
- the faceted, mirrored-glass structure housing the Museum of Contemporary Art in Cleveland (pictured below);
- the mid-century modern Miller House in Columbus, Indiana, designed by Gateway Arch-architect Eero Saarinen;
- Ludwig Mies van der Rohe's glass-walled Farnsworth house, built as a weekend retreat outside of Chicago; and
- the Chicago Architecture Foundation’s river cruises, where docents describe over 50 buildings in the skyscraper’s birthplace.
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| Source: Architectural Digest |
July 11, 2014
Are “Super Paralegals” Coming to Connecticut?
As reported in the Connecticut Law Tribune, a Connecticut Bar Association task force has recommended that the state consider allowing certain nonlawyers to offer some basic legal services. The article refers to these people as “so-called super paralegals or legal technicians.”
The recommendation was made by the CBA’s Task Force on the Future of Legal Education and Standards of Admission. Specifically, the task force report states that:
The article notes that before allowing this type of legal representation in the state, “many questions regarding consumer protection issues and the impact on small law firms and solo practitioners would have to be answered.”
For more information, see the full article, which appeared in the June 23, 2014 Connecticut Law Tribune.
The recommendation was made by the CBA’s Task Force on the Future of Legal Education and Standards of Admission. Specifically, the task force report states that:
Superior Court Judge Kenneth Shluger chaired the task force. According to the article, he believes the number of people who cannot afford traditional legal services “has reached a crisis point” and allowing trained non-lawyers to offer certain legal services “is one way the justice gap can be met.” He suggests that the place to start may be cases with a “high concentration of self-represented parties” such as simple divorces and landlord-tenant disputes.Recognizing that much legal work is already being performed by individuals with credentials less than fully licensed attorneys . . . the concept should be expanded so that non-lawyers be permitted to offer some basic legal services to the public. This would be a post-bachelor’s degree training (more than a paralegal but less than a JD) and it is expected that if the [Superior Court] Rules Committee permitted such practitioners, schools would happily train them and consumers would likely utilize them.
The article notes that before allowing this type of legal representation in the state, “many questions regarding consumer protection issues and the impact on small law firms and solo practitioners would have to be answered.”
For more information, see the full article, which appeared in the June 23, 2014 Connecticut Law Tribune.
U.S. Department of Transportation (DOT) Secretary Sends Letter to State DOTs Regarding Highway Trust Fund
According to the US DOT’s website, the Highway Account of the federal Highway Trust Fund, which gets most of its money from the federal gas tax, is expected to become insolvent by the end of August. On July 1st, U.S. DOT Secretary Foxx sent a letter to state DOTs outlining cash management procedures for the Highway Account. In the letter, Foxx states that the Federal Highway Administration will reduce payments and distribute incoming funds in proportion to each state’s federal apportionment for the current fiscal year. He also states that the U.S. DOT will restrict travel and administrative expenses as much as possible to conserve funds.
Legislation that would provide $302 billion for infrastructure projects and replenish the Highway Trust Fund has failed to gain bipartisan support in Congress. According to the CT Mirror, this could affect more than 80 Connecticut transportation projects. Without a funding bill, Secretary Foxx stated that payments for road projects would be reduced by about 28%.
Legislation that would provide $302 billion for infrastructure projects and replenish the Highway Trust Fund has failed to gain bipartisan support in Congress. According to the CT Mirror, this could affect more than 80 Connecticut transportation projects. Without a funding bill, Secretary Foxx stated that payments for road projects would be reduced by about 28%.
July 10, 2014
DOH and CHFA Release FY 15 Schedule for Competitive Funding Rounds
The Connecticut Department of Housing (DOH) and Connecticut Housing Finance Authority (CHFA) recently released their schedule for competitive funding rounds. The schedule lists each program for which funding is available in FY 15 and delineates eligible projects, application deadlines, and funding availability, among other things. For housing developers and owners seeking funding, the schedule provides more details about which opportunities are best suited to their circumstances.
Seniors Can Often Simplify Prescriptions
Simple beats complicated, especially when it comes to a routine for taking prescription drugs. A new study finds that many seniors could simplify their routines — resulting in fewer forgotten doses — by talking to their physicians.
The study, published in Patient Education and Counseling, surveyed 200 seniors age 70 and older about their routine for taking medication and examined their prescriptions. The study found that 85 of the seniors could reduce the number of times per day they took medicine by at least once a day and 32 could reduce it by twice a day.
The reasons for over-complication, according to the study, included:
The study, published in Patient Education and Counseling, surveyed 200 seniors age 70 and older about their routine for taking medication and examined their prescriptions. The study found that 85 of the seniors could reduce the number of times per day they took medicine by at least once a day and 32 could reduce it by twice a day.
The reasons for over-complication, according to the study, included:
- concern about interactions with food and other prescriptions and
- not understanding prescription instructions.
July 9, 2014
State Supreme Court Affirms Prior Decisions on Disclosure of Law Enforcement Records
The Connecticut Freedom of Information Act (FOIA) requires law enforcement agencies to disclose certain information about a person’s arrest. (CGS § 1-215). In a recent case (Commissioner of Public Safety v. Freedom of Information Commission), the Connecticut Supreme Court ruled that, during a pending prosecution, the agency must release only the arrest information specified in the statute.
The case stems from a 1993 state supreme court case and legislation passed in its aftermath. In Gifford v. Freedom of Information Commission, 227 Conn. 641 (1993), the court considered whether FOIA at that time required the disclosure of a police report during a pending criminal prosecution. The court held that, during a pending prosecution, an agency had to disclose only the name and address of the person arrested; the date, time, and place of the arrest; and the offense for which he or she was arrested.
In response, the legislature passed PA 94-246, which expanded the disclosure requirement to include at least (1) the arrest report, (2) the incident report, or (3) a news release or similar report of the arrest. The act gave the agency the discretion to determine which of these reports to release.
In the most recent case (Commissioner of Public Safety) the Freedom of Information Commission argued that, in requiring the disclosure of certain arrest information, CGS § 1-215 does not allow agencies to withhold other records from disclosure. Rather, it argued that PA 94-246 made those records subject to disclosure under FOIA generally, and the agency must cite a specific FOIA exemption in order to withhold them.
In rejecting this argument, the court noted that PA 94-246 did not disturb the holding in Gifford that, during pending prosecutions, CGS § 1-215 governs agencies’ disclosure obligations. Instead, the act simply required the agencies to disclose certain additional information.
The case stems from a 1993 state supreme court case and legislation passed in its aftermath. In Gifford v. Freedom of Information Commission, 227 Conn. 641 (1993), the court considered whether FOIA at that time required the disclosure of a police report during a pending criminal prosecution. The court held that, during a pending prosecution, an agency had to disclose only the name and address of the person arrested; the date, time, and place of the arrest; and the offense for which he or she was arrested.
In response, the legislature passed PA 94-246, which expanded the disclosure requirement to include at least (1) the arrest report, (2) the incident report, or (3) a news release or similar report of the arrest. The act gave the agency the discretion to determine which of these reports to release.
In the most recent case (Commissioner of Public Safety) the Freedom of Information Commission argued that, in requiring the disclosure of certain arrest information, CGS § 1-215 does not allow agencies to withhold other records from disclosure. Rather, it argued that PA 94-246 made those records subject to disclosure under FOIA generally, and the agency must cite a specific FOIA exemption in order to withhold them.
In rejecting this argument, the court noted that PA 94-246 did not disturb the holding in Gifford that, during pending prosecutions, CGS § 1-215 governs agencies’ disclosure obligations. Instead, the act simply required the agencies to disclose certain additional information.
Hot Report: Department of Correction and Judicial Branch Residential Housing Facilities
OLR Report 2014-R-0197 answers the questions: How many residential programs are operated by or under contract with the Department of Correction (DOC) and Judicial Branch? Where are they located? How many beds are available?
Other OLR Reports list residential housing programs operated by or under contract with other state agencies:
For more information, read the full report.
Other OLR Reports list residential housing programs operated by or under contract with other state agencies:
- 2014-R-0078 (departments of Developmental Services, Mental Health and Addiction Services (DMHAS), and Children and Families operated or funded group homes)
- 2014-R-0194 (emergency, supportive, and affordable housing receiving Department of Housing funds)
- 2014-R-0195 (nursing homes receiving funds from the Department of Social Services)
As of July 2013, DOC contracted with 25 nonprofit community agencies for 47 residential programs with 1,167 residential beds located in 19 different towns (DOC, Directory of Contracted Community Programs, July 2013). While most of these programs have a specific address, 14 offer scattered site supportive housing beds and we do not have the addresses for these locations.
According to the Judicial Branch, as of May 2014, the branch operated two juvenile detention centers, contracted for 14 residential programs, and purchased beds from an additional 21 programs operated under DMHAS or DOC contracts. These programs offered a total of 726 beds in FY 14. They operate in 14 different towns and one offers scattered site apartments for which we do not have an address.
OLR Blog Survey: We Want to Hear From You!
We’re asking you, our readers, to let us know what you think of the blog and how we can improve your reading experience. Here is a link to our (brief, we promise) reader survey, which closes Sunday, July 13.
Thanks in advance for your participation!
Thanks in advance for your participation!
July 8, 2014
Impact of California Teacher Tenure Ruling May Reach Across the Nation
A nonprofit organization dedicated to sponsoring public education impact litigation has won a California Superior Court case challenging state teacher tenure laws, and it has expressed its intention to file suit in other states as well.
The National School Board Association reports that the organization Students Matter filed suit on behalf of nine California public school students, alleging that five state statutes violate students’ right to equal protection under the state constitution. In Vergara v. California, they argued that these laws impacted poor and minority students’ right to education equality and disproportionately burdened them by allowing grossly ineffective teachers to evade termination. A Superior Court judge agreed.
The court concluded that all of the challenged statutes were unconstitutional.
It found California’s two-year probationary period for teachers was insufficient for making a tenure award decision.
It also struck down the state teacher dismissal statutes, finding that the time and cost of complying with the laws caused school districts to be reluctant to initiate teacher dismissal procedures. It held that the laws create a complex and expensive process to dismiss grossly ineffective teachers that was not effective, efficient, or fair.
Additionally, the court struck down California’s “last in, first out” statute that requires teachers to be laid off in order of seniority rather than performance level. The court found it unconstitutional, refusing to agree that California had a compelling interest “in de facto separation of students from competent teachers, and a like interest in the de facto retention of incompetent ones.”
The court declined to enforce its decision, allowing the challenged laws to stand pending higher court review. The New York Times reports that Students Matter is considering filing similar suits in other states, such as Connecticut, Idaho, Kansas, Maryland, New Mexico, New York, and Oregon.
The National School Board Association reports that the organization Students Matter filed suit on behalf of nine California public school students, alleging that five state statutes violate students’ right to equal protection under the state constitution. In Vergara v. California, they argued that these laws impacted poor and minority students’ right to education equality and disproportionately burdened them by allowing grossly ineffective teachers to evade termination. A Superior Court judge agreed.
The court concluded that all of the challenged statutes were unconstitutional.
It found California’s two-year probationary period for teachers was insufficient for making a tenure award decision.
It also struck down the state teacher dismissal statutes, finding that the time and cost of complying with the laws caused school districts to be reluctant to initiate teacher dismissal procedures. It held that the laws create a complex and expensive process to dismiss grossly ineffective teachers that was not effective, efficient, or fair.
Additionally, the court struck down California’s “last in, first out” statute that requires teachers to be laid off in order of seniority rather than performance level. The court found it unconstitutional, refusing to agree that California had a compelling interest “in de facto separation of students from competent teachers, and a like interest in the de facto retention of incompetent ones.”
The court declined to enforce its decision, allowing the challenged laws to stand pending higher court review. The New York Times reports that Students Matter is considering filing similar suits in other states, such as Connecticut, Idaho, Kansas, Maryland, New Mexico, New York, and Oregon.
Connecticut’s Opportunity for Economic Mobility Ranked Consistently High in 40 Year Analysis
A recent report, issued by Opportunity Nation, a bipartisan organization working to promote economic mobility, and Measure of America, a project of the Social Science Research Council, cited Connecticut as one of two states with consistently high opportunity for economic mobility from 1970 to 2010.
The report measured 10 factors in three categories:
The report measured 10 factors in three categories:
- Economy: unemployment rate, median household income, percent of people below the poverty line, and the Gini Index of income inequality.
- Education: percentage of three- and four-year-olds enrolled in preschool, percentage of high school freshmen that graduate in four years, and percentage of adults with an associate’s degree or higher.
- Community: violent crime per 100,000 people, people aged 16 to 24 not in school nor employed, and medical doctors per 100,000 people.
July 7, 2014
Farmers Insurance Co. Sues Local Governments for Ignoring Climate Change, Then Withdraws Suit
In May, the Chicago Tribune reported on a class action lawsuit by Farmers Insurance Co. against nearly 200 Chicago-area local governments. The insurer alleged that the governments should have done more to plan for severe weather tied to climate change. It sought reimbursement for claims it paid to homeowners for a 2013 April rainstorm that overwhelmed municipal sewer and storm water drains, causing significant damages to flooded properties.
But as the Tribune subsequently reported in June, Farmers “took the defendants by surprise” by withdrawing the lawsuit shortly after filing it. Farmers spokesman Trent Frager told the Tribune that “company officials had hoped the suit would encourage cities and counties to do more to reduce the risks of future flooding.”
But as the Tribune subsequently reported in June, Farmers “took the defendants by surprise” by withdrawing the lawsuit shortly after filing it. Farmers spokesman Trent Frager told the Tribune that “company officials had hoped the suit would encourage cities and counties to do more to reduce the risks of future flooding.”
Hot Report: OLR Backgrounder: Continuing Education for Health Professionals
OLR Report 2014-R-0141 provides a brief overview of state continuing education requirements for health professionals. It updates OLR Report 2012-R-0285.
State law requires continuing education for license renewal for several categories of health professions. Generally, the applicable law or regulations (1) define basic continuing education requirements; (2) specify qualifying activities; (3) establish a system to document that a professional satisfied the continuing education requirement; and (4) allow the relevant agency to waive the requirement in certain circumstances, such as a medical disability.
Table 1 in the report lists all health-related professionals regulated by the Department of Public Health who must complete continuing education for state license or certification renewal. The table also includes pharmacists, who are licensed by the Department of Consumer Protection. (The table does not include emergency medical technicians, who are required to complete refresher training, or tattoo technicians, who are required to complete a course on preventing disease transmission and blood-borne pathogens, for recertification or license renewal.)
For more information, read the full report.
State law requires continuing education for license renewal for several categories of health professions. Generally, the applicable law or regulations (1) define basic continuing education requirements; (2) specify qualifying activities; (3) establish a system to document that a professional satisfied the continuing education requirement; and (4) allow the relevant agency to waive the requirement in certain circumstances, such as a medical disability.
Table 1 in the report lists all health-related professionals regulated by the Department of Public Health who must complete continuing education for state license or certification renewal. The table also includes pharmacists, who are licensed by the Department of Consumer Protection. (The table does not include emergency medical technicians, who are required to complete refresher training, or tattoo technicians, who are required to complete a course on preventing disease transmission and blood-borne pathogens, for recertification or license renewal.)
For more information, read the full report.
Tracing Guns Back to their Home State
As reported by ProPublica, the federal Bureau of Alcohol, Tobacco and Firearms (ATF) ran traces on 624 guns found in Connecticut in 2012. Of those traced, 44.1% of the firearms were originally purchased in another state – New York, North Carolina, Florida, Pennsylvania, and Ohio being the top five.
On the other hand, the ATF ran traces on 593 firearms in 2012 that traced back to Connecticut and 41.1% of those weapons were found outside the state.
Nationally, of the 155,530 traces run in 2012, 44,832 were for weapons that were purchased outside of the state where they were found. By volume, Georgia, Virginia, Texas, Florida, and Indiana were the biggest sources for weapons that found their way to another state. All five states had at least 2,100 firearms make their way to other states.
On the other hand, the ATF ran traces on 593 firearms in 2012 that traced back to Connecticut and 41.1% of those weapons were found outside the state.
Nationally, of the 155,530 traces run in 2012, 44,832 were for weapons that were purchased outside of the state where they were found. By volume, Georgia, Virginia, Texas, Florida, and Indiana were the biggest sources for weapons that found their way to another state. All five states had at least 2,100 firearms make their way to other states.
July 4, 2014
Robotizing the Milking Process
Add milking to the list of jobs that can be accomplished with robots. According to a recent New York Times article, some farms are installing automated milking systems that enable cows to milk themselves without farmer oversight.
This enables farmers to dedicate more time to care for the animals and performing other farm tasks. And using the machines allows the cows to dictate when they are milked, up to five or six times a day, which generally increases milk production.
Under the automated system, each cow wears a transponder. The machines use lasers to scan and map the cows’ underbellies. A computer charts each cow’s milking speed, amount and quantity of produced milk, number of visits to the machine, how much the cow eats, and the number of steps taken in a day.
According to the article, the shift toward robotized milking is largely being driven by increased farm costs, in particular labor costs such as health insurance, room and board, and workers’ compensation insurance. Also, dependable labor is difficult to find.
But, the shift to automated milking is pricey. An automated milking machine costs up to $250,000 and improvements to a farm may also be needed to operate them.
This enables farmers to dedicate more time to care for the animals and performing other farm tasks. And using the machines allows the cows to dictate when they are milked, up to five or six times a day, which generally increases milk production.
Under the automated system, each cow wears a transponder. The machines use lasers to scan and map the cows’ underbellies. A computer charts each cow’s milking speed, amount and quantity of produced milk, number of visits to the machine, how much the cow eats, and the number of steps taken in a day.
According to the article, the shift toward robotized milking is largely being driven by increased farm costs, in particular labor costs such as health insurance, room and board, and workers’ compensation insurance. Also, dependable labor is difficult to find.
But, the shift to automated milking is pricey. An automated milking machine costs up to $250,000 and improvements to a farm may also be needed to operate them.
Greater Choice of Doctors May be Coming to an Exchange Near You
The Wall Street Journal is reporting that Connecticut is among a number of states where health insurers are adding to the choice of doctors people will be able to access through the insurance plans sold on the new health insurance exchanges. According to the article, states including California, Connecticut, New York, and Ohio are expanding provider networks to meet the needs of plan enrollees. The expansion follows concerns that too many insurers offer limited networks or plans that offer tiered networks, where higher copays are charged to use certain hospitals or doctors. In Connecticut, the article reports that Access Health CT, the state’s exchange, “had relatively stringent requirements to ensure plans offered a broad array of providers.” Despite these requirements, Access Health CT received complaints about certain providers not being included in the networks.
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