OLR Report 2012-R-0484 summarizes the Department of Energy and Environmental Protection's draft 2012 Comprehensive Energy Strategy, which presents a series of policy proposals to expand energy choices, lower utility bills, improve environmental conditions, and create clean energy jobs. It focuses on five, sometimes overlapping, energy strategy sectors: natural gas, energy efficiency, electricity, industry, and transportation. Although the strategy contains significant research findings, this report focuses mainly on the recommendations proposed as a result of those findings within each sector.
In discussing the natural gas sector, the strategy concludes that natural gas is a cheaper, cleaner, and more reliable fuel for heating, power generation, and possibly transportation. It recommends a variety of proposals intended to encourage (1) people to convert their homes and businesses to natural gas and (2) gas utilities to expand their infrastructure.
For energy efficiency, which the strategy identifies as the most cost effective way to reduce energy bills, the strategy recommends improving funding for efficiency programs and expanding the programs to include more potential customers. The recommendations for the electricity sector similarly stress the importance of efficiency measures, but also propose measures to reduce electricity use, promote and expand renewable energy systems, and increase system reliability. Recommendations for the industry sector generally focus on adapting the gas, efficiency, and electricity proposals to the specifics of industrial needs, but also include suggestions to encourage water conservation and create an Advanced Energy Innovation Hub.
The strategy's recommendations for the transportation sector focus on reducing the amount of gasoline and diesel fuel consumed in the state while encouraging the availability of a diverse refueling infrastructure.
For more information, read the full report.
December 19, 2012
The Department of Consumer Protection's (DCP) Holiday Shopping Tips
DCP offers several tips for consumers to consider before completing their holiday shopping, including (1) carefully reading sale flyers, (2) shopping around, (3) asking about sale adjustments, (4) knowing store refund and return policies, and (5) comparing online and store prices.
DCP also advises consumers to not buy expensive service agreements or extended warranties, because research shows that products seldom break within the extended-warranty period, and when they do break, repairs often cost about the same as the warranty.
DCP also advises consumers to not buy expensive service agreements or extended warranties, because research shows that products seldom break within the extended-warranty period, and when they do break, repairs often cost about the same as the warranty.
Technology Use by Jurors Presents New Challenges to Courts
Judges traditionally instruct jurors to listen to the evidence and arguments at trial and not use outside sources to conduct their own research. They also tell jurors not to talk about the case with others during the trial. The widespread use of devices that provide easy access to Internet research and social media sites present new challenges to the court system.
A new pilot study of 15 trials by the National Center for State Courts looks at jurors' use of technology. Among other things, the study found that:
A new pilot study of 15 trials by the National Center for State Courts looks at jurors' use of technology. Among other things, the study found that:
- most participating judges admonished prospective jurors not to use the Internet for research or communications during the jury selection process and when impaneling the jury;
- 86% of prospective jurors said they could refrain from using the Internet during the trial but 14% said they could not, even if instructed by the judge;
- despite the judge's instructions, 44% of prospective jurors would have liked to use the Internet to obtain information about legal terms, 26% about the case, 23% about the parties, 20% about the lawyers, 19% about the judge, 18% about witnesses, and 7% about fellow jurors; and
- despite the instructions, 8% of prospective jurors said they would like to use the Internet to contact family and friends about the trial and lesser numbers would use it to connect with another juror or a trial participant or tweet, blog, or post information on social networking sites.
- Few jurors reported committing misconduct.
- A substantial number of jurors could not recall that the judge told them not to use these technologies or thought they could do so for searches.
- A sizeable number wanted to use the Internet to obtain trial-related information.
- A significant number said they would be unable to refrain from using the Internet during the trial.
December 18, 2012
Home Sharing Making a Comeback as an "Aging in Place" Housing Model for Seniors
According to a recent Senior Housing News article, an increasing number of seniors are looking to share their homes, enabling them to "age in place" and avoid or delay entering long-term care facilities. Each co-housing agreement is different, but generally these contracts outline both financial and chore responsibilities for its habitants. There are currently 65 home sharing programs registered as National Shared Housing Resource Center members; these programs make approximately 3,000-5,000 co-housing matches per year.
Although a formal home sharing model was established in the 1970s, its popularity has experienced dramatic shifts over the years. According to California's Affordable Living for the Aging, renewed interest in home sharing is "motivated by the need to meet surging demand for affordable housing in a time of shrinking subsidies and economic distress."
For more information on other aging in place housing models, see OLR Reports 2012-R-0447 on ECHO Housing for Seniors and 2012-R-0081 on Modular Medical Homes for Seniors.
Although a formal home sharing model was established in the 1970s, its popularity has experienced dramatic shifts over the years. According to California's Affordable Living for the Aging, renewed interest in home sharing is "motivated by the need to meet surging demand for affordable housing in a time of shrinking subsidies and economic distress."
For more information on other aging in place housing models, see OLR Reports 2012-R-0447 on ECHO Housing for Seniors and 2012-R-0081 on Modular Medical Homes for Seniors.
Court Limits FMLA to Employers with 75 or More In-State Employees
Connecticut’s Family and Medical Leave Act (FMLA) requires employers with 75 or more employees to provide FMLA benefits to their employees. However, it took a recent state Supreme Court decision to determine if those 75 employees needed to be in the state. In Velez v. Commissioner of Labor, the court upheld the Department of Labor’s interpretation that the act applies only to employers with 75 or more employees in the state, and not in aggregate. While the court based its decision on a general deference to agency interpretations of statutes and regulations, it also noted that interpreting the act to cover employers with 75 or more employees anywhere in the world could create a “logistical nightmare” for employers with one in-state employee and 74 employees spread around the world, and for the labor commissioner, who would have to conduct investigations into the employment records of employers far outside her jurisdiction.
December 17, 2012
Know Before You Enroll
In 2008, Congress passed the Post-9/11 GI bill (Veterans Educational Assistance Act, Title V of P.L. 110-252) to increase veterans' opportunity to return to college. But some colleges are targeting veterans to gain GI bill benefits while providing expensive and substandard education. A new website provides veterans with college selection tips and information to make informed decisions about colleges.
Hot Report: Summary of State Gun Laws
OLR Report 2007-R-0369 summary of Connecticut gun laws.
The Connecticut Constitution (Article First, § 15) gives every citizen the right to bear arms in defense of himself and the state. But state law regulates firearm sales, use, and possession.
For regulatory purposes, the law classifies “firearms” into four groups: handguns (pistols and revolvers), long guns (rifles and shotguns), assault weapons, and machine guns. The degree of regulation depends on the type of firearm and, in some cases, the type of transaction (i.e., dealer sales as opposed to secondary or nondealer sales).
With minor exceptions, (1) anyone buying or otherwise acquiring a handgun in Connecticut, whether from a licensed gun dealer or an unlicensed person, must have an eligibility certificate or a permit to sell or carry handguns, and (2) anyone carrying a handgun (except in one's home or business) must have a permit to carry handguns. The credentials allow unlimited gun purchases. No permit or certificate is required to possess handguns in one's home or business.
Permit and certificate applicants must pass state and national criminal history record checks and meet other criteria in law, including, in the case of a carry permit, being deemed suitable to get a permit. Ineligible applicants include convicted felons, illegal aliens, and anyone (1) under age 21; (2) under a court protective or restraining order for using, attempting, or threatening to use force against someone; or (3) discharged into the community in the preceding 20 years after having been found not guilty of a crime by reason of mental disease or defect.
No permit or certificate is required to buy, possess, or carry long guns. But people cannot possess them, if they (1) were ever convicted of a felony or serious juvenile offense, (2) cannot legally possess firearms under federal law because they have been adjudicated as “mental defectives” or have been committed to a mental institution, or (3) know they are under a firearms seizure or restraining or protective order for using or threatening to use violence against someone else. State law sets no minimum age for possessing long guns.
Assault weapons are illegal. People cannot legally buy them or (with one minor exception) bring them into Connecticut. But people who owned assault weapons before October 1, 1993 and registered them with the Department of Public Safety (DPS) before October 1, 1994 can keep them, and dispose of them, under prescribed circumstances.
Machine guns must be registered with DPS within 24 hours after a person acquires them and annually thereafter.
The law regulates (1) handgun sales and transfers by dealers and nondealers and (2) long gun sales and transfers by dealers. It does not regulate secondary sales or transfers of long guns (i.e, nondealer transactions) except to a limited extent at gun shows. Among other things, the law prohibits regulated persons from selling or transferring a covered firearm unless they get a firearm transfer authorization number from DPS, which must conduct a national instant criminal history record check on the buyer to determine if he or she can legally possess firearms.
The law, with exceptions, prohibits carrying (1) firearms on school property, (2) firearms on Connecticut General Assembly property, (3) loaded handguns in a vehicle, and (4) handguns where barred by law or a property owner.
The law imposes criminal penalties on people who (1) store loaded firearms in a way that gives a minor under age 16 unauthorized access to them and (2) transfer handguns to minors under age 21, except as authorized at firing or shooting ranges.
Under limited circumstances and following specified procedures, law enforcement officials may get warrants and seize firearms from anyone posing an imminent risk of harming himself or someone else and a court may order the firearms held for up to one year.
For more information, read the full report.
The Connecticut Constitution (Article First, § 15) gives every citizen the right to bear arms in defense of himself and the state. But state law regulates firearm sales, use, and possession.
For regulatory purposes, the law classifies “firearms” into four groups: handguns (pistols and revolvers), long guns (rifles and shotguns), assault weapons, and machine guns. The degree of regulation depends on the type of firearm and, in some cases, the type of transaction (i.e., dealer sales as opposed to secondary or nondealer sales).
With minor exceptions, (1) anyone buying or otherwise acquiring a handgun in Connecticut, whether from a licensed gun dealer or an unlicensed person, must have an eligibility certificate or a permit to sell or carry handguns, and (2) anyone carrying a handgun (except in one's home or business) must have a permit to carry handguns. The credentials allow unlimited gun purchases. No permit or certificate is required to possess handguns in one's home or business.
Permit and certificate applicants must pass state and national criminal history record checks and meet other criteria in law, including, in the case of a carry permit, being deemed suitable to get a permit. Ineligible applicants include convicted felons, illegal aliens, and anyone (1) under age 21; (2) under a court protective or restraining order for using, attempting, or threatening to use force against someone; or (3) discharged into the community in the preceding 20 years after having been found not guilty of a crime by reason of mental disease or defect.
No permit or certificate is required to buy, possess, or carry long guns. But people cannot possess them, if they (1) were ever convicted of a felony or serious juvenile offense, (2) cannot legally possess firearms under federal law because they have been adjudicated as “mental defectives” or have been committed to a mental institution, or (3) know they are under a firearms seizure or restraining or protective order for using or threatening to use violence against someone else. State law sets no minimum age for possessing long guns.
Assault weapons are illegal. People cannot legally buy them or (with one minor exception) bring them into Connecticut. But people who owned assault weapons before October 1, 1993 and registered them with the Department of Public Safety (DPS) before October 1, 1994 can keep them, and dispose of them, under prescribed circumstances.
Machine guns must be registered with DPS within 24 hours after a person acquires them and annually thereafter.
The law regulates (1) handgun sales and transfers by dealers and nondealers and (2) long gun sales and transfers by dealers. It does not regulate secondary sales or transfers of long guns (i.e, nondealer transactions) except to a limited extent at gun shows. Among other things, the law prohibits regulated persons from selling or transferring a covered firearm unless they get a firearm transfer authorization number from DPS, which must conduct a national instant criminal history record check on the buyer to determine if he or she can legally possess firearms.
The law, with exceptions, prohibits carrying (1) firearms on school property, (2) firearms on Connecticut General Assembly property, (3) loaded handguns in a vehicle, and (4) handguns where barred by law or a property owner.
The law imposes criminal penalties on people who (1) store loaded firearms in a way that gives a minor under age 16 unauthorized access to them and (2) transfer handguns to minors under age 21, except as authorized at firing or shooting ranges.
Under limited circumstances and following specified procedures, law enforcement officials may get warrants and seize firearms from anyone posing an imminent risk of harming himself or someone else and a court may order the firearms held for up to one year.
For more information, read the full report.
December 14, 2012
Should Mandatory Evacuations be Mandatory?
In the aftermath of Hurricane Sandy, questions have arisen about whether states should coerce residents into leaving their homes during mandatory evacuations. Across the country, states have tried (1) stern warnings about the dangers of staying, (2) moral appeals of not endangering would-be rescuers, and (3) enacting laws to punish residents who fail to obey evacuation orders.
According to a recent Hartford Courant article, Governor Malloy and several town leaders stated that a punitive law was needed. But many across the nation feel that it would be in the resident's best interests to heed the evacuation orders.
According to a recent Hartford Courant article, Governor Malloy and several town leaders stated that a punitive law was needed. But many across the nation feel that it would be in the resident's best interests to heed the evacuation orders.
Paying for Parking Decreases Solo Driving
Research conducted by a UCLA urban planning professor has found that free parking contributes to the high percentage of workers driving solo. As reported in the San Francisco Gate, U.S. Census data from 2009 to 2011 show that about 73% of Californians drove to work alone. The professor, Donald Shoup, explained that most employees who drive to work have free parking and free parking is an invitation to drive solo to work.
But the article explains that California has a state law that requires employers to offer employees cash instead of a parking space. It explains that this "cash-out" program allows workers to obtain cash for their subsidized parking spots and walk, bike, carpool, or take public transport instead, resulting in fewer cars on the road. But the program is not well known. Professor Shoup explains in the article that by offering the parking cash-out program, it attaches an opportunity cost to parking. By choosing to drive and park, a worker loses the opportunity to obtain cash.
One barrier cited in the article to increasing the use of driving alternatives is the time that it takes to get to work when not driving. According to the article, workers who do not drive to work alone tend to have longer commutes.
But the article explains that California has a state law that requires employers to offer employees cash instead of a parking space. It explains that this "cash-out" program allows workers to obtain cash for their subsidized parking spots and walk, bike, carpool, or take public transport instead, resulting in fewer cars on the road. But the program is not well known. Professor Shoup explains in the article that by offering the parking cash-out program, it attaches an opportunity cost to parking. By choosing to drive and park, a worker loses the opportunity to obtain cash.
One barrier cited in the article to increasing the use of driving alternatives is the time that it takes to get to work when not driving. According to the article, workers who do not drive to work alone tend to have longer commutes.
December 13, 2012
Medicare, Fraud: Providers Most Commonly Caught
In October 2012, the General Accountability Office (GAO ) reported to Congress on its study of the most common sources of fraudulent activities (both criminal and civil) among Medicare program participants. According to the GAO, medical facilities such as medical centers, clinics, and practices, and durable medical equipment suppliers were the most frequent subjects of criminal fraud cases in 2010. More than a quarter of the criminal prosecutions involved health centers; durable medical suppliers made up another 16%. These groups were the subjects in 20% and 18% of the civil actions, respectively. A very small percentage of fraud cases were brought against individual Medicare recipients.
Common health care fraud schemes include providers or suppliers (1) billing for services or supplies not provided or not medically necessary, (2) purposely billing for a higher level of service than that provided, (3) misreporting data to increase payments, (4) paying kickbacks to providers for referring beneficiaries for specific services or to certain entities, or (5) stealing providers' or beneficiaries' identities.
Common health care fraud schemes include providers or suppliers (1) billing for services or supplies not provided or not medically necessary, (2) purposely billing for a higher level of service than that provided, (3) misreporting data to increase payments, (4) paying kickbacks to providers for referring beneficiaries for specific services or to certain entities, or (5) stealing providers' or beneficiaries' identities.
Hot Report: Health Insurance Options for Small Employers, Including Self-Employed Individuals
OLR Report 2012-R-0522 explains what group health insurance options exist for small employers, including self-employed individuals. You also asked if Connecticut will open an online marketplace (called an “exchange”) where small employers can shop for health insurance pursuant to the federal Patient Protection and Affordable Care Act.
In Connecticut, a small employer is a business that employs no more than 50 employees and includes a self-employed individual. A small employer wanting to purchase health insurance for its employees has several options, including:
- purchasing a commercial insurance policy underwritten by a licensed insurer or health maintenance organization (HMO);
- obtaining coverage under a plan arranged by the state comptroller, called the Municipal Employees Health Insurance Program (MEHIP) for commercial small groups; and
- obtaining coverage under a plan issued to an association, such as the Connecticut Business & Industry Association (CBIA) Health Connections program.
The federal Patient Protection and Affordable Care Act (P.L. 111-148) became law in March 2010. It requires most Americans to have insurance beginning in January 1, 2014 or pay a penalty. It also requires states to create an online marketplace, called an “exchange,” where individuals and small employers can shop for health insurance.
Public Act 11-53 established the Connecticut Health Insurance Exchange (HIX) as a quasi-public agency overseen by a 14-member board of directors. The board is planning and implementing Connecticut's exchange. It plans to begin marketing health insurance policies in October 2013 for coverage beginning January 1, 2014.
For more information on the HIX and to follow its development, see http://www.ct.gov/hix.
For more information, read the full report.
State Not Bound by Statute of Limitations
The state Supreme Court recently ruled that the state is not restricted by statutes of limitations or repose when bringing lawsuits (State v. Lombardo Brothers Mason Contractors, et al.).
In the case, the state filed a lawsuit 12 years after construction of the UConn law library, alleging construction defects. In 2009, a trial court ruled that the statute of limitations had run out. But in November, the Supreme Court reversed the trial court, holding that the state is protected by the common law doctrine of "nullum tempus occurrit regi" (time does not run against the king.)
An analysis of the case in the Connecticut Law Tribune describes the implications of the decision for public works contractors, who may have to defend against lawsuits years after a project is completed. Some construction attorneys predict that the General Assembly may consider legislation addressing the ruling. In the opinion, the Court noted that the decision on whether to abrogate the doctrine of nullum tempus is one the legislature should make, not the Court.
In the Law Tribune article, Attorney General George Jepsen noted that it is rare for the state to wait so long to sue. He noted that "we act in the broad public interest. In this particular instance, until they ripped the building apart, years after the faulty construction, we didn't know how poorly executed the construction was."
The full text of the opinion is available on the Judicial Branch website.
In the case, the state filed a lawsuit 12 years after construction of the UConn law library, alleging construction defects. In 2009, a trial court ruled that the statute of limitations had run out. But in November, the Supreme Court reversed the trial court, holding that the state is protected by the common law doctrine of "nullum tempus occurrit regi" (time does not run against the king.)
An analysis of the case in the Connecticut Law Tribune describes the implications of the decision for public works contractors, who may have to defend against lawsuits years after a project is completed. Some construction attorneys predict that the General Assembly may consider legislation addressing the ruling. In the opinion, the Court noted that the decision on whether to abrogate the doctrine of nullum tempus is one the legislature should make, not the Court.
In the Law Tribune article, Attorney General George Jepsen noted that it is rare for the state to wait so long to sue. He noted that "we act in the broad public interest. In this particular instance, until they ripped the building apart, years after the faulty construction, we didn't know how poorly executed the construction was."
The full text of the opinion is available on the Judicial Branch website.
December 12, 2012
Study Finds Small Business Workers Losing Coverage
The Commonwealth Fund issued a report on November 1, 2012 that shows the share of U.S. workers in small businesses (those with fewer than 50 employees) who were offered, eligible for, and covered by employer-sponsored health insurance has declined over the past decade. From 2001 to 2011, the share of people under age 65 covered by employer plans fell from 68 to 57%. Most of the erosion occurred among small firms. One in three (33%) of workers in small firms had health insurance through their employer in 2010, compared to more than half (55%) of workers in midsize firms (50 to 99 employees) and more than one in seven (71%) workers in large firms (100 or more employees). The report also points out that small businesses pay more--nearly 18% more--for the same benefits than do large firms.
Town-by-Town Voter Turnout Statistics
Curious to know what voter turnout was in your town this past election? The secretary ofthe state recently released voter turnout statistics for each of Connecticut's
169 municipalities. Statewide, turnout was 73.77%, a decrease from 2008's
turnout of 78.14%. Still, Connecticut's 2012 turnout ranked seventh nationally,
according to the secretary of the state, and every municipality in the state
had turnout of at least 50%.
Bridgewater
led the way with 94.75% turnout and was the only municipality to exceed 90%.
Just missing the 90% mark were Middletown (89.86%) and Ridgefield (89.42%).
Twelve municipalities exceeded 85% turnout.
Hot Report: Interlocal Collaboration and Regionalism Grants
OLR Report 2012-R-0491 describes the laws authorizing (1) towns to collaborate on different activities and (2) state grants or other financial incentives for towns that do so. This report updates OLR report 2011-R-0364.
Many statutes allow towns to collaborate on different activities. Some give them broad authority to (1) collaborate on any activity they can perform separately, (2) jointly finance projects and activities, or (3) share tax revenue. Other statutes specify the activity and how towns may collaborate to undertake it. This includes allowing towns to establish a regional entity to perform a specific municipal function (e.g., health, education, or waste management) and join together to implement a regional property revaluation program or purchase employee health insurance.
The law authorizes various state grant programs and subsidies to incentivize towns to join together to deliver a service, purchase capital equipment, or implement a capital project. The Regional Performance Incentive Grant Program provides grants to towns and regional entities for jointly performing a service they have been performing separately. It has been used to fund a variety of regional initiatives, including information technology, public safety, and public works-related projects.
There are also a number of grants and subsidies for towns that collaborate to provide specific public services. For example, the State Department of Education (SDE) administers a competitive grant program for school districts and regional education service centers (RESCs) that establish interdistrict cooperative programs. In addition, the Office of State-Wide Emergency Telecommunications (OSET) offers financial incentives to encourage towns to consolidate their 9-1-1 operations.
Towns that join together to purchase capital equipment may qualify for the Intertown Capital Equipment Purchase Incentive Program, which pays up to 50% or $250,000 of the cost of buying or leasing a vehicle or other equipment. Groups of towns collaborating on a capital project are also eligible for Small Town Economic Assistance Program (STEAP) grants.
For more information, read the full report.
Many statutes allow towns to collaborate on different activities. Some give them broad authority to (1) collaborate on any activity they can perform separately, (2) jointly finance projects and activities, or (3) share tax revenue. Other statutes specify the activity and how towns may collaborate to undertake it. This includes allowing towns to establish a regional entity to perform a specific municipal function (e.g., health, education, or waste management) and join together to implement a regional property revaluation program or purchase employee health insurance.
The law authorizes various state grant programs and subsidies to incentivize towns to join together to deliver a service, purchase capital equipment, or implement a capital project. The Regional Performance Incentive Grant Program provides grants to towns and regional entities for jointly performing a service they have been performing separately. It has been used to fund a variety of regional initiatives, including information technology, public safety, and public works-related projects.
There are also a number of grants and subsidies for towns that collaborate to provide specific public services. For example, the State Department of Education (SDE) administers a competitive grant program for school districts and regional education service centers (RESCs) that establish interdistrict cooperative programs. In addition, the Office of State-Wide Emergency Telecommunications (OSET) offers financial incentives to encourage towns to consolidate their 9-1-1 operations.
Towns that join together to purchase capital equipment may qualify for the Intertown Capital Equipment Purchase Incentive Program, which pays up to 50% or $250,000 of the cost of buying or leasing a vehicle or other equipment. Groups of towns collaborating on a capital project are also eligible for Small Town Economic Assistance Program (STEAP) grants.
For more information, read the full report.
December 11, 2012
A "Back to the Future" Solution for a "Back to the Future" Need
Stan Humphries, the
chief economist for Zillow, an online housing research firm, saw that metropolitan
area declines in housing values masked
local differences when he plotted these trends on satellite maps. Looking at
the Washington DC metro area, Humphries saw that "in densely built inner
suburbs like Arlington, Virginia, and in the walkable urban neighborhoods in
the District of Columbia, prices typically dropped about 20%. Housing on the
suburban fringe, on the other hand, lost about half its value."
Humphries'
analysis suggests a pent-up demand for walkable, urban-style housing. But creating
such housing requires a big investment in new bus and rail systems. Who's going
to pay for this very costly infrastructure? In the old days, "real estate
developers, sometimes aided by electric utilities, not only built the [rail] system
but paid rent to cities for the rights-of-way," Christopher Leinberger
wrote.
Are
developers going to foot the bill for rail systems as they did in the old days?
Leinberger doesn't really say, but Connecticut, on a project-by-project basis,
has allowed developers to fund housing infrastructure by creating special
taxing districts authorized to issue government bonds backed by future property
taxes. Leinberger thinks residents in existing neighborhoods might be willing
to pay extra property taxes for the infrastructure because it would boost
property values.
Text Messages Help Smokers Quit
According to a recent NPR article, a review of studies published by the Cochrane Collaboration found
that smokers who receive continuous, supportive text messages are more likely
to quit smoking than those who do not receive them or who receive them less
frequently. The review, conducted by Dr. Robyn Whittaker at the University of
Auckland in New Zealand analyzed five studies with over 9,000 subjects trying
to quit smoking. Smokers in the intervention groups received several text messages
each day containing either motivational messages or quitting advice. Those in
the control groups received less frequent text messages or were given
information online or by phone.
Whittaker
estimated that the text messages increased the chance of smokers quitting
within six months from 4% to 5% in control groups and from 6% to 10% in the
intervention groups. Based on these findings, some state and local health
departments are exploring new online texting systems to support smokers trying
to quit.
December 10, 2012
Decorate with Care: No Invasive Species
When decorating for the holidays, be sure to avoid using invasive species. The Connecticut Department of Energy andEnvironmental Protection reminds state residents that the attractive Oriental
bittersweet (Celastrus orbiculatus), formerly used in wreath making and other
holiday decorations, is an invasive species.
A 2004 state law prohibits selling or moving invasive species. People who find Oriental bittersweet for sale
in Connecticut are asked to contact Connecticut's Invasive Plant Coordinator,
Logan Senack, at 860-208-3900.
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Department of Revenue Services Says Medical Marijuana is Taxable
According
to recently issued guidance
from DRS, sales of marijuana by licensed dispensaries will be subject to
Connecticut's 6.35% sales and use tax.
Special
Notice 2012(5) also points out that licensed marijuana producers may be able to
claim the state sales tax exemption for farmers (CGS § 12-412 (63)). This exemption allows entities engaged in
agricultural production as a trade or business to be exempt from the sales and
use tax for purchases of tangible personal property used exclusively for
agricultural production.
DRS also
notes that qualifying patients, physicians, primary caregivers, producers, and
dispensaries will be considered in lawful possession of marijuana and therefore
not be subject to state's excise tax on illegal sales of marijuana.
December 7, 2012
Can Oil Dealers Convert Too?
With the
Department of Energy & Environmental Protection's recently issued draft
energy strategy calling for a significant effort to encourage natural gas use instead
of oil for home heating, a recent article on hartfordbusiness.com highlights a company
that has lasted for 86 years by adapting to the energy trends of its
times. According to the article, Daniels
Energy in Portland was founded in 1926 delivering firewood and coal for home
heating. Within a few years, the company
began delivering oil too, and over the decades added heating system
conversions, air conditioners, propane delivery, solar hot water systems, and
even retail electricity sales to the services it offers.
While oil
dealers maintain that potentially losing half of their customers to natural gas
would be devastating for the industry and its employees, companies like Daniels
are also looking at the business opportunities that could arise from increased
installation and servicing of natural gas equipment. However, company president David Daniels adds
that even though his company will be "fine" it won't be able to
maintain the same number of employees it currently has.
Future-Proofing Our Institutions (and the State's Economy)
"Today
our institutions are up against new challenges: a rapidly accelerating pace of
change, hyper-competition, the commoditization of knowledge, and
ever-escalating demands for social accountability," says Gary Hamel,
author of What
Matters Now: How to Win in a World of Relentless Change, Ferocious Competition,
and Unstoppable Innovation (2012). However, our institutions aren't
wired for change. Instead they're wired to be disciplined and efficient, something
that comes from "routinizing the non-routine." Adapting to change
means organizations must give up outdated routines and "future-proof"
themselves for change.
Here are more of Hamel's ideas:
How do you
future-proof your organization? According to Hamel:
1. Anticipate change by resisting the
tendency to avoid or ignore disconcerting developments; paying attention to new
technologies, unconventional competitors, and unserved customers; and act out how
changes will affect you.
2. Solicit options from employees,
vendors, and customers and learn how to experiment cheaply by using
storyboards, simulations, role-playing scenarios, and cheap product or service
mock-ups (i.e., rapid prototyping).
3. Become flexible by subdividing
large, complex organizational units into smaller differentiated ones; allowing
people proposing new products and services to compete for resources with those
invested in established ones; and multiply the funding sources for developing
new products and services.
4. Avoid (a) investments that preclude
future mid-course corrections, (b) inflexible product designs and service
models; and (c) investing too much in one product or market.
5. Program your organizational DNA for
resilience by challenging your employees to come up with new ideas, studying
how other entities change and adapt, and using the web to foster collaboration.
Here are more of Hamel's ideas:
December 6, 2012
New Teacher Evaluation Systems Bad for Students?
Nationally,
there is much debate about whether using student standardized test scores to
evaluate teachers is fair to teachers, given that those with more challenging
students run the risk of being labeled as ineffective no matter how well they
teach. Now, some are questioning whether this type of teacher evaluation system
is also bad for students.
The
Washington Post’s The
Answer Sheet blog discusses the shortcomings of evaluating teachers using student
test scores. It cites a recent American Institute for Research report
on the New York State teacher evaluation model that found when the percentage
of a classroom's students with disabilities or in poverty increases, the
average teacher evaluation score decreases.
Add to this
a new survey of 500 New York principals regarding the “student growth score”
evaluation model. Seventy-three percent of principals surveyed felt that the
“ineffective” label assigned to some of their teachers was either a "not
very accurate" or an "inaccurate" reflection of that teacher
based on their observations and the performance of that teacher’s students.
In the
survey, some principals stated that next year they would reassign certain teachers
to less needy students so they could protect excellent teachers from an
ineffective rating. Others expressed concerns that excellent teachers would
choose to leave for schools or districts with less needy students to avoid the
risk of an ineffective label. This suggests that new teacher evaluation systems
may be discouraging teachers from taking the most challenging assignments and
thus decreasing the chances that needy students will get the best possible
teachers.
Move Over Mom, Dad's Buying The Barbies This Year
The New York Times is reporting Mattel and other toymakers are marketing girls' toys to fathers, many of
whom are doing the holiday shopping these days. In fact, for the first time in
Barbie's 50-year history, Mattel has introduced a Barbie construction set.
This new
marketing scheme reflects not only that dads are shopping as much as if not
more than moms, but that parents want their girls to develop their spatial
skills, which would ultimately help them compete with boys for careers in math,
science, engineering, and technology jobs.
But have no
fear, traditionalists. The sets made by Megablocks are pink, and the
construction choices include fashion boutiques, mansions, and ice cream carts.
December 5, 2012
Payment Fraud
This past year, the Federal Reserve banks in Boston, Dallas, Minneapolis, and Richmond and the Independent Community Bankers of America surveyed
financial institutions and others about payment fraud and their methods of
combatting it.
Of those
responding, 93% reported financial losses due to fraud but 69% estimated their
losses at less than 0.3% of revenue.
About 85% of respondents stated that their fraud losses increased or
stayed the same in 2012 as compared to 2011. Financial institutions reported
counterfeit or stolen card use at the point of sale or online as the most
common types of fraud involving their customers' accounts.
For most
payment types, spending on fraud prevention exceeded actual losses except for
(1) debit signature payments and (2) mobile payments. The report points out that spending on fraud
prevention in these two areas could reduce losses. When asked about 15
different internal controls and procedures to combat fraud, the report found
that 12 were in widespread use, adopted by over 80% of financial institutions.
Feds Pull Plug on Telemarketer Scammers
The Federal
Trade Commission (FTC) temporarily stopped five Arizona-
and Florida-based companies from making robocalls that allegedly defrauded consumers
of hundreds of thousands of dollars by promising to reduce the consumers' credit
card interest rates for fees ranging from several hundred to several thousand
dollars.
But, the
companies did "little, if anything, to fulfill their promises," the
FTC said.
Federal
courts have granted the FTC's request to temporarily block the operations,
which allegedly made millions of illegal pre-recorded calls from
"Rachel," or "Cardholder Services."
"At
the FTC, Rachel from Cardholder Services is public enemy number one," FTC
chairman Jon Leibowitz said. He said his agency is "cracking down on
illegal robocalls by bringing law enforcement actions and pursuing technical
solutions to the problem."
December 4, 2012
Hot Report: Right-to-Die Laws
OLR Report 2012-R-0477 summarizes laws or legislation in other states concerning the right to die as
well as Connecticut bills on this topic.
Two states,
Oregon and Washington, currently have statutes providing a procedure for a
terminally ill patient to request medication to end his or her life. These laws
are sometimes referred to as “death with dignity” or “physician-assisted
suicide” laws.
Massachusetts
voters considered a ballot initiative this year to enact a law allowing
state-licensed physicians to prescribe medication for terminally ill patients,
under prescribed procedures, to end the person's life. Voters rejected the
initiative by a narrow margin, 51% to 49%.
While
Montana does not have an assisted suicide statute, the state's Supreme Court
ruled in 2009 that doctors have a defense to prosecution for assisting a
suicide with the person's consent. Under Montana law, a victim's consent to
conduct is a defense to prosecution. But consent is ineffective when it is
against public policy to permit the conduct or the resulting harm. The court ruled
that a physician's aid to a terminally ill, mentally competent adult is not
against public policy and thus a person's consent can be a defense to
prosecution (Baxter v. Montana, 354 Mont. 234 (2009)).
Connecticut
last considered a right to die bill in 2009. The Judiciary Committee bill (SB
1138) was similar to the Oregon and Washington laws. The committee voted to box
the bill. In recent years, similar bills were introduced in a handful of other
states (such as Hawaii, New Jersey, New York, and Pennsylvania).
For more
information, read the
full report.
Housing Market Shows Signs of Recovery, Despite a 10-Year Low Median Price
The Warren Group recently released Q3 data indicating that the number of home sales in Connecticut has increased every month in 2012.
The median sale price, on the other hand, is the lowest it's been in 10
years. Data on condo sales and prices
shows a similar trend.
But, according
to this
press release, the fact that prices are at a low is not necessarily a bad
sign. The Warren Group CEO, Timothy
Warren, stated, “the drop in prices is concerning, but it’s typical to see
sales volume increase before prices do in a recovery period.” Warren remarked that the increases in
year-to-date home sales by 13.1% and condo sales by 7.2% are strong signs that
the housing market is recovering.
December 3, 2012
Hot Report: DEEP Comprehensive Energy Strategy
OLR Report 2012-R-0484 summarizes the Department of Energy and Environmental Protection's draft 2012
Comprehensive Energy Strategy.
The draft
2012 Comprehensive Energy Strategy issued by the Department of Energy and
Environmental Protection (DEEP) in October 2012 presents a series of policy proposals
intended to expand energy choices, lower utility bills, improve environmental
conditions, and create clean energy jobs. It focuses on five, sometimes
overlapping, energy strategy sectors: natural gas, energy efficiency,
electricity, industry, and transportation. Although the strategy contains
significant research findings, this report focuses mainly on the
recommendations proposed as a result of those findings within each sector.
In
discussing the natural gas sector, the strategy concludes that natural gas is a
cheaper, cleaner, and more reliable fuel for heating, power generation, and
possibly transportation. It recommends a variety of proposals intended to
encourage (1) people to convert their homes and businesses to natural gas and
(2) gas utilities to expand their infrastructure.
For energy
efficiency, which the strategy identifies as the most cost effective way to
reduce energy bills, the strategy recommends improving funding for efficiency
programs and expanding the programs to include more potential customers. The
recommendations for the electricity sector similarly stress the importance of
efficiency measures, but also propose measures to reduce electricity use,
promote and expand renewable energy systems, and increase system reliability.
Recommendations for the industry sector generally focus on adapting the gas,
efficiency, and electricity proposals to the specifics of industrial needs, but
also include suggestions to encourage water conservation and create an Advanced
Energy Innovation Hub.
The
strategy's recommendations for the transportation sector focus on reducing the
amount of gasoline and diesel fuel consumed in the state while encouraging the
availability of a diverse refueling infrastructure.
For more
information, read the
full report.
New Federal Law Makes It Easier for Veterans to Get Commercial Drivers' Licenses
President
Obama last month signed into the law the Military Commercial Drivers' License (CDL) Act of 2012, making it easier for veterans to obtain CDLs. A driver needs a CDL
to operate a large truck or bus.
Under thel aw, service men and women will be able to obtain CDLs in the state where they
are stationed, regardless of their permanent residence. Previously, states
could not issue CDLs to a person who was not a permanent resident.
Next Year's Medicare Program Costs Announced
Federal Medicare officials just announced
increases in Medicare Part B (outpatient services) premiums and deductibles for
2013. The monthly premiums will go up 5%,
from $99.90 to $104.30. This marks the first time they have broken into the
triple digits, but is less than the 9% increase the program's trustees predicted
earlier this year. Nevertheless,
advocates for the elderly point out that premiums have risen 130% since 2000 --
nearly as much as gasoline prices.
For less-wealthy recipients, the changes will be felt as smaller-than-expected Social Security increases. The Social Security COLA next year is 1.7 %. After Part B premiums are deducted, seniors receiving a $1,000 monthly benefit will see a net increase of $12, or 1.2 %; the net increase for those receiving $2,000 will be $29, or 1.45%.
For less-wealthy recipients, the changes will be felt as smaller-than-expected Social Security increases. The Social Security COLA next year is 1.7 %. After Part B premiums are deducted, seniors receiving a $1,000 monthly benefit will see a net increase of $12, or 1.2 %; the net increase for those receiving $2,000 will be $29, or 1.45%.
High-income
seniors (those with incomes exceeding $85,000 for single filers and $170,000
for joint filers), who already pay surcharges on top of the standard premium,
will pay the 5% increase plus surcharges that rise with income. Their Part B increases will range from $42 to
$230.90.
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