Firearm Background Checks Show a Slight Decrease In 2014

National firearm background checks dipped slightly in 2014 after year-over-year increases for over a decade, according to a recent Governing article that reviewed National Instant Criminal Background Check System (NICS) data.  Mike Maciag, the magazine’s data editor, speculated that  the  “lower tallies last year likely resulted from an unusually high total in 2013, particularly in the months following the school shooting in Newtown, Conn.,” when lawmakers debated new firearm legislation.

But the trend may be reversing. A look at recent 2015 data suggests that “about half of the states are on pace to exceed 2014 totals,” with Indiana experiencing a “particularly steep increase in firearm checks over the past few months,” the article observed.

Historical data suggests that background checks often spike before a new law imposing additional requirements takes effect. They also tend to spike during a holiday season or after a tragic incident.  For example, “the FBI reported a record of 2.8 million checks in December 2012, the month the Sandy Hook Elementary School shooting took place,” the article noted.

Although NICS background check data is used to predict sales, it does not reflect actual sales. For example, a person purchasing many firearms at the same time may need only one background check. Furthermore, states occasionally re-run checks for various reasons. 

Survey research also raises questions about the connection between background checks and firearm ownership. Although firearm background checks have steadily increased, the share of households that report owning guns has dropped from nearly half in the 1970s and early 80s to one-third today, according to the National Opinion Research Center at the University of Chicago.

For additional information, click here to read the full article.

“Lane-splitting” By Motorcycles Soon May be Legal in California

The California Assembly recently passed a law that allows motorcycles to travel between cars at up to 15 mph faster than the traffic flow, a practice called “lane splitting.”  Under the bill (A.B.51), motorcycles could slip between cars at speeds of up to 50 mph. If the measure passes the state Senate and the governor signs it into law, California would become the first state to allow the practice, according to a recent Los Angeles Times article.


The bill’s supporters says lane splitting is safer than requiring motorcyclists to ride behind slower moving cars, which leaves them at more risk of rear-end collisions. However, a recent survey conducted on behalf of state’s Office of Traffic Safety found most California drivers disapprove of lane splitting. 


According to the American Motorcyclist Association (AMA), while California has neither permitted nor banned lane splitting, the practice is tacitly allowed by the California Highway Patrol (CHP). ” In early 2013, the CHP published lane splitting guidelines for the first time,” according to an AMA statement on lane splitting. “While the guidelines do not carry the force of law, they provide clear indicators under which a motorcyclist might be cited for unsafe or imprudent behavior.”


An LA Times article on lane splitting is available at: http://www.latimes.com/business/autos/la-fi-hy-motorcycle-lanesplitting-20150528-story.html.
The AMA statement on lane splitting can be found at: http://americanmotorcyclist.com/rights/positionstatements/lanesplitting.aspx.
The bill can be found online at: http://www.leginfo.ca.gov/pub/15-16/bill/asm/ab_0051-0100/ab_51_bill_20150522_amended_asm_v97.pdf.
The Ewald and Wasserman Research Consultants, LLC 2014 lane-share survey can be found at: http://www.ots.ca.gov/pdf/publications/2014mclanesplittingsurvey.pdf

OLR’s 2015 Major Public Acts

The Office of Legislative Research has published its 2015 Major Public Acts report, which briefly describes the most significant, far-reaching, and publicly debated acts passed by the General Assembly in its 2015 regular session. New laws are listed by their public act (PA) or bill numbers.


Not all provisions of the acts are included in the report. Detailed summaries of all PAs will be provided in our 2015 Public Act Summary book, which will be available later this year. In the interim, an updated Major Public Acts report will be available later this summer and will include any additional PAs passed during Special Session.

Federal and State Tip Credit Allowances

A recent OLR report describes how the “tip credit” is applied under federal and state laws.


A “tip credit” generally allows an employer to count certain employees’ tips towards a portion of their minimum wage requirement. It reduces the employer’s share of the minimum wage by allowing the employer to pay a lower “tipped minimum wage,” as long as the employee’s tips make up the difference. If the tipped minimum wage plus the employee’s tips do not meet the minimum wage requirement, the employer must make up the difference.


Federal law allows a $5.12 per hour tip credit and a $2.13 per hour tipped minimum wage. It also allows states to set higher minimum wage requirements and base their tip credits on this higher wage. Connecticut law currently allows a $3.37 per hour tip credit and a $5.78 per hour tipped minimum wage for most hotel and restaurant employees in positions that customarily receive tips (i.e., wait staff). It also allows a $1.69 per hour tip credit and $7.46 per hour tipped minimum wage for bartenders.


According to the U.S. Department of Labor, seven states have no tip credit and require employers to pay the full state minimum wage to tipped employees, 17 states allow employers to pay the $2.13 per hour tipped minimum wage allowed by federal law, and 26 states provide a tip credit but require employers to pay a tipped minimum wage that is higher than the $2.13 per hour required by federal law.


For more information, click here to read the full report.

U.S. Department of Education Releases Statistics on the Condition of Higher Education

The Hechinger Report spotlighted newly-released statistics from the U.S. Department of Education (DOE) on higher education trends as part of its annual “The Condition of Education” report.  Overall, they reveal a decline in enrollment and degree completion and slight gains in retention.


DOE reported the following losses and stagnant progress, among others in higher education:

• One-third of 25- to 64-year-olds had bachelor’s degrees last year, the same as the year before.
• College and university enrollment has fallen from 17.7 million in 2012-13 to 17.5 million in 2013-14.
• The average annual earnings of 25- to 34-year olds with bachelor’s degrees or higher declined from $50,700 to $50,000 between 2012 and 2013.
• The proportion of high school students who immediately attend college after graduating declined from a high of 70% in 2009 to 66% in 2013.

A few gains appeared in the DOE’s report, however:

• The proportion of students who remained in their college or university through both freshman and sophomore year rose from 79% to 80%.
• The percentage of students who graduate from a higher education institution within six years increased from 59.2% to 59.4%.

State Supreme Court Decision Concerning Decriminalized Crimes

OLR Report 2015-R-0135 provides a summary of the court’s decision in State v. Menditto regarding erasure of a criminal record after a crime is decriminalized.


In this case, the Connecticut Supreme Court considered whether the reduction of penalties for illegal possession of marijuana following the enactment of Public Act (PA) 11-71 decriminalized the possession of less than one-half ounce of marijuana, that is, whether changing the status of an illegal act from a crime to a minor civil violation constitutes decriminalization for purposes of the erasure statute (State v. Menditto, 315 Conn. 861 (2015)).


To answer the question, the court reviewed the issue de novo (i.e., as if it were considering the question for the first time, affording no deference to lower courts’ decisions). The court first examined the erasure statute’s text and its relationship to the broader statutory scheme. Finding that the term ‘‘decriminalized’’ is not defined in state statutes, the court reviewed a range of sources, including dictionaries, other statutes, judicial decisions, and common law.


In a unanimous decision, the Supreme Court reversed the Appellate Court, noting that when the law changed, it made possession of small amounts of marijuana possession a civil infraction. The court ruled that Menditto had the right to the erasure of his two 2009 convictions for possession of less than one-half ounce of marijuana. He would still have to petition the court for erasure, because erasure is not automatic.


For more information, click here to read the full report.

State Swimming Areas Tested Regularly for Water Quality

From Memorial Day through Labor Day, Connecticut’s Department of Energy and Environmental Protection (DEEP) conducts weekly water testing at 23 state-owned and -managed swimming areas, including those located at four coastal parks, 17 inland parks, and two state forests. Water samples are analyzed at a Department of Public Health lab for “indicator bacteria,” which help determine potential contamination.


Generally on Fridays and Mondays, DEEP updates a state swimming area water quality report on its website, identifying which areas are opened or closed to swimming due to water testing results. Beaches closed due to elevated bacteria are typically retested 24 hours later.


DEEP also maintains a 24-hour information phone line at 1-866-CTPARKS, which people can call for an up-to-date status of the state’s swimming areas.

Aging in Connecticut: A News Roundup

Connecticut Ranks 10th in Senior Health

According to the United Health Foundation, a non-profit healthcare organization, Connecticut is the 10th best state for senior health, up two spots from 12th last year. Connecticut seniors have a high rate of dental visits, and the state has a low rate of seniors living in poverty.


However, the state ranks in the bottom tier of states for level of hospice care (#38), chronic drinking rates (#39), and pain management (#43).


The full report, “America’s Health Rankings,” is available here.


Aging in Place

A recent Hartford Courant article details the steps Connecticut seniors and their family can take to make aging at home an easier and more fulfilling process. Connecticut and Connecticut businesses provide a wide range of options, ranging from elderly nutrition to home modifications that accommodate a person’s restricted mobility. In 2013, the Connecticut General Assembly passed An Act Concerning Aging in Place (PA 13-250) to help with these efforts.


TED Talks Focus on Aging

National Public Radio (NPR) recently posted a series of TED Talks, titled “The Fountain of Youth,” that focus on a wide range of topics relating to getting older. TED is a non-profit organization that collects and disseminates short talks and discussions.

New Report: Chronic Obstructive Pulmonary Disease

OLR Report 2015-R-0127 answers a series of questions on Chronic Obstructive Pulmonary Disease (COPD) that address (1) screening and diagnostic methods, (2) its prevalence and associated health care costs in Connecticut, and (3) local and national advocacy organizations.


COPD generally refers to a group of diseases, including emphysema and chronic bronchitis, that cause airflow limitation and breathing-related issues.  The disease is progressive, and impairs a person’s breathing ability over time.  Symptoms include coughing, shortness of breath, and chest tightness, and often cause a decrease in a person’s productivity and quality of life.


Click here to read the full report.

A Florida City Makes Money Financing Other Cities’ Economic Development

Gulf Breeze, Florida could be writing a new chapter in local economic development policy, which often pits cities and states against each other to attract or keep businesses (including professional sports teams) and the taxes and jobs they generate.  Gulf Breeze’s secret: Capital Trust Agency, “a special class of bond issuer referred to as a conduit agency” that has issued more than $1.5 billion in tax-exempt bonds. 



Image Source: http://bit.ly/1JKMlWr

Now, Capital Trust isn’t the first municipal agency to issue these types of bonds, but it’s among the few that has done so on behalf of other cities and states. The tax-exempt bonds it issued have financed apartment complexes and assisted-living facilities throughout Florida, private jet hangars in Texas and Mississippi, and hotels at casinos on Seminole tribal land in Hollywood and Tampa, according to a recent Bloomberg Businessweek article. Capital Trust didn’t issue these bonds for free. In fact, it earned Gulf Breeze $11 million in fees since 2002, “which has paid for recreation centers and padded the city’s rainy day fund.”

Most states have quasi-public agencies like Capital Trust authorized to issue bonds. “Florida is one of only seven that allow some conduits to issue bonds for out of state projects,” the article states. “Taxpayers benefit from the fees collected by the conduits and aren’t on the hook to repay the debt.”
But every silver lining appears to have a dark cloud. Conduit bonds, which make up 30% of the municipal bond market, “account for almost 60% of the defaults,” according to the article, citing Municipal Market Analytics partner Matt Fabian.  While conduit agencies like Capital Trust help local governments attract private investments, “you have local debt being issued without adequate oversight,” Christopher Taylor, former executive director of the Municipal Securities Rulemaking Board, told Bloomberg Businessweek.