As Speed Limits Increase, So Do Fatalities

According to a recent study by the Insurance Institute for Highway Safety (IIHS), higher speed limits have caused 33,000 deaths nationwide since 1995.  The study found that each 5 mph increase in the maximum speed limit resulted in a 4% increase in fatalities.  States began increasing their maximum speed limits after the Emergency Highway Energy Conservation Act was repealed in 1995.

The act was signed by President Nixon in 1974 in response to the Organization for Petroleum Exporting Countries' embargo against the United States, which caused oil prices to quadruple.  The law set all national highway speed limits at 55 mph (they previously ranged from 40 mph to 80 mph) and penalized states that did not comply with the new speed limit by withholding federal funds.  The law was intended to force Americans to drive at a more fuel-efficient speed, but it also decreased the number of automobile-related fatalities.   

The IIHS study found that travel speeds increased after the act was repealed.  Researchers found that fatalities increased on rural interstates when the law was partially repealed in 1987, then on all interstates after it was repealed in its entirety.  Today, every state has a maximum speed limit over 55 mph.  Six states have 80 mph limits, and drivers in Texas can drive 85 mph on certain roads.      

The Race to Recycle CO2

There is a $20 million prize at stake from the X Prize Foundation (an organization that incentivizes scientific advancement via financial competition, which it coins ‘prize philanthropy’). The challenge is to find ways to recycle carbon dioxide (CO2) - capturing it as it is emitted from smokestacks and turning it into useful products or new fuel – by 2020.

A recent New York Times article highlighted the efforts of several groups of researchers participating in this project. One of the difficulties the researchers have is figuring out how best to split CO2 molecules, which takes a significant amount of energy. One group of scientists is trying to take CO2 and water and turn them into fuel using sunlight – as plants do via photosynthesis. Other groups are working on developing synthetic crude oil with CO2 and water and a CO2 conversion device.

PulsePoint: App Sends Alert When CPR Is Needed

PulsePoint, the subject of a recent Governing article, is an app that alerts users when someone nearby is suffering from sudden cardiac arrest.  The alert is sent through local fire departments and emergency medical services agencies.  The idea behind the app is that an everyday citizen with CPR-training is likely to reach the person faster than emergency services personnel and can administer CPR until they arrive.  The app also allows users to report the locations of auto external defibrillators (AEDs), devices that work faster and are easier to use to jump start a person's heart than traditional CPR. 

Approximately 325,000 people die each year in the U.S. from sudden cardiac arrest, and about 57 percent of American adults are trained in CPR.  The American Heart association estimates that administering CPR immediately can double or even triple a person's chance of survival after suffering cardiac arrest.  

Are Healthy School Lunch Options Successful?

When schools across the nation improved the nutritional quality of lunches in the 2012-2013 school year, it left many people wondering whether the change would improve children’s eating habits.

The Pew Charitable Trusts issued a brief recently that includes results from four of multiple studies conducted.  The four studies represent those that tracked the largest number of children, and the results indicate that children have been eating healthier.  Three of the four studies measured student food consumption and the fourth evaluated the changes in the nutritional quality of the lunches students chose.

One of the studies completed by researchers from Yale’s Rudd Center for Food Policy and Obesity compared the amount of food children consumed at 12 Connecticut schools from 2012 to 2014.  The results show an increased consumption of 12.7% for entrees, 18% for vegetables, and 2% for fruits.

Researchers from Baylor College of Medicine and Texas Children’s Hospital, Harvard School of Public Health, and the University of Washington who studied the eating habits of students from selected schools in Texas, Massachusetts, and Washington also reported positive findings from their studies.

The Sale That Isn’t…

Consumer Reports recently published advice about the meaning of store discounts and how consumers should be on the lookout for retailers that are offering goods at a discount that were never sold at a higher price.  The article cites several high-profile retailers that have been accused of misleading customers by such things as using price tags with false “suggested retail prices” or basing discounts on made-up list prices.

According to the Federal Trade Commission, which the article quotes, before a store sells a good on sale, the good should be available at a list price for a “reasonably substantial period of time.” The article encourages consumers to not be swayed by retailers’ claims of big sales – look for deceptive store tags or advertisements. It also provides links to four online pricing-comparison tools for consumers to see how much other retailers charge for the same product.

By the way, have you ever wondered why the cars in Consumer Reports have Connecticut license plates?  It’s because the magazine’s auto test track is located in Colchester, CT!

Higher Education Institutions’ Definitions of Sexual Consent

OLR Report 2016-R-0006 provides each Connecticut higher education institution’s current definition of “consent” in sexual relationships and provides a source for each. Also, the report indicates whether each institution submitted a report to the Higher Education and Employment Advancement Committee in 2015 about its sexual assault, stalking, and intimate partner violence policies as required by law.

Currently, each Connecticut public and private higher education institution defines sexual “consent” for purposes of the institution’s conduct codes and disciplinary proceedings.  Such definitions are typically found in the institution’s student conduct code or Title IX policy handbook.

Generally, each institution’s definition contains all or many of the following: (1) a basic definition of “consent,” (2) method(s) of expressing consent, (3) duration, (4) parties’ relationships, (5) revocation, (6) coercion, and (7) legal age.

Institutions may soon be required to incorporate a “yes means yes,” or affirmative consent standard, into their campus policies.  Substitute House Bill 5376, which passed in both the House and Senate, requires all Connecticut colleges and universities to use a standard of affirmative consent when determining whether sexual activity is consensual in the context of their institutional policies on sexual assault, stalking, and intimate partner violence.  This requirement would be in place beginning with the 2016-17 academic year.

The bill defines “affirmative consent” as an active, clear, and voluntary agreement by a person to engage in sexual activity with another person. It specifies that higher education institutions are not required to adopt the bill's definition verbatim but must use a definition that has the same or a substantially similar meaning.

The governor must now decide whether to sign the bill into law.

For more information, read the full OLR report here and a summary of the bill here.

Electric Competition in Connecticut

The Public Utilities Regulatory Authority (PURA) has just published its annual report to the legislature on the state of electric competition in Connecticut. Since shortly after the deregulation of Connecticut’s electric industry in 1998, the law has required PURA to monitor and report on the state of electric competition (CGS § 16-245x(a)). Deregulation generally allowed customers to choose among competitive offers from various licensed electric suppliers.

Public Act 14-75, among other things, required PURA to redesign the standard billing format for residential customer electric bills. This year’s report includes sample bills showing the new formats, which, according to PURA, allow customers to review future pricing policies and changes.     

The report also discusses customer complaints regarding electric suppliers. In 2015, PURA received a total of 809 complaints on electric suppliers, down from 2,161 in 2014, as shown in Figure 1.

Read the full report on PURA’s website.

Connecticut Innovations' $5 Million Investment Challenge

Connecticut Innovations (CI), a quasi-public agency that is a source of financing and support for Connecticut's innovative, growing companies, recently announced a $5 million global investment challenge called VentureClash.  Starting April 28, 2016, early-stage digital health and financial technology companies can apply for a chance to win a CI investment. 

The first-place winner will receive a $1.5 million investment, the second-place winner will receive a $1 million investment, and four runners-up will each receive a $500,000 investment.  The winners will also receive mentoring, grants, and other assistance.  First-round applications must be submitted by June 30, 2016.

To qualify, a company must:

1. have been in business for at least 12 months;
2. have paying customers or customers who are actively testing the applicant's product;
3. be willing to establish a Connecticut presence; and
4. be focused on digital health or financial technology.

The selection process will include two rounds of judging, an in-person competition at Yale University, and a four-week development and orientation program.

Read more about the challenge on CI’s website.

Youthful Offenders

OLR Report 2016-R-0067 summarizes the youthful offender laws in Connecticut.  Youthful offender laws provide a special status in adult court for cases involving minors charged with committing certain felonies when age 15 through 17.  The laws provide these cases with greater confidentiality than regular adult cases and give judges different sentencing options (CGS §§ 54-76b, et seq.).

A minor, someone charged with committing a crime when under age 18, begins his or her case in juvenile court.  If the minor is charged with committing a felony when age 15 through 17, his or her case may or must be transferred to adult court depending on the charge.  Once in adult court, the court must determine whether the minor qualifies as a "youthful offender."  To qualify, the minor cannot be charged with certain crimes (such as a class A felony) and cannot have any prior felony convictions or certain juvenile adjudications.  Even if the minor qualifies, a prosecutor can request, and the court can order, that a minor's case be moved to the regular adult criminal court docket.

If a minor is granted youthful offender status, the proceedings are private and conducted separately from adult criminal court.  Records related to the minor have greater confidentiality and the records are erased once the minor reaches age 21 if he or she has completed any required supervision or commitment from the case and has no later felony convictions.  The court also has a different list of sentencing options than those available in either adult or juvenile court. 

For more information, read the full report here.

Connecticut Better Business Bureau's (BBB) Tips for Buying Prom and Graduation Apparel

The Connecticut BBB is warning students and parents to be cautious when shopping for prom and graduation apparel online.  BBB warns that unethical sellers will switch stock garments' labels with designer labels; sell cheaply-manufactured, low-quality merchandise that looks different than the online advertisement; and ship merchandise late or not at all.

Online shoppers should take the following precautions.

1. Check the website's reputation.  BBB business reviews contain information about the quality of the seller's products and services as well as a record of complaints and government actions against the seller.
2. Look for hidden costs and policies.  Keep shipping and handling fees in mind and ask whether you can return the garment for a full refund.
3. Stick with a safe payment method.  Credit cards and online payment processing services (such as PayPal) protect consumers when there is a dispute over unauthorized charges.  Debit cards do not offer the same protection.  Do not trust websites that require payment by wire transfer or prepaid gift card.
4. Make sure you can find the seller.  The seller's website should list a physical location and a working phone number.
5. Look for HTTPS:// along with a padlock icon in your browser's address bar.  This tells you that the website is taking precautions with its payment processing system.

Consumers who encounter a problem with an unethical seller can file a complaint with the Connecticut BBB, Federal Trade Commission, or FBI's Internet Crime Complaint Center. 

California Law on Service Dogs and Pit Bulls

OLR Report 2016-R-0049 answers several questions about California laws pertaining to service dogs in housing and pit bulls in private homes.

The report specifically examines whether the law pertaining to service dogs references different breeds. It turns out it does not. Instead, the law prohibits denying a person with disabilities equal access to housing accommodations, other than renting a room in a single-family home, including refusing to lease or rent to someone because he or she uses a guide dog (for the visually impaired), signal dog (for the hearing impaired), or service dog (for other disabilities).  The law does not define guide dog, signal dog, or service dog based on breed.

California law does not set requirements specifically for pit bull owners. Instead, it establishes restrictions for “potentially dangerous” and “vicious” dogs as defined in the law, based on the individual dog’s conduct (Cal. Food & Agric. Code. § 31601 et seq.). If a dog is found to be potentially dangerous, it must be properly licensed and vaccinated.  When on the owner’s property, the dog must be kept indoors or in a fenced in area to prevent the dog from escaping the area and children from entering it. When the dog is off the owner’s property, a responsible adult must keep it under control on a substantial leash.  The local animal control department can destroy a vicious dog, if after due proceedings, it is determined that the dog’s release would create a significant threat to public health, safety, and welfare.

For more information, read the full report here.

CLYNK Recycling Growing in Popularity

Are you tired of having to redeem your bottle and can recyclables one by one?  Are you looking for a more streamlined process?  Maine and some New York residents already have access to one, and it’s called CLYNK.  As reported by The Daily Gazette, CLYNK recently began accepting returns at its new capital region Hannaford Supermarket in Latham, NY.  According to CLYNK’s website, CLYNK has several sites in Maine and New York, where it plans to open more this year. 

CLYNK is a Maine-based redemption company that allows consumers to bag up to 20 pounds of bottles and cans, seal it with a specific barcode tag linked to a personal account or a consumer-designated charity, and return it to a participating CLYNK supermarket. 

Consumers can sign up for a CLYNK account online at CLYNK.com or at a participating supermarket kiosk.  Once registered, a consumer receives 10 free 100% recyclable bags, 10 unique bag tags, and a key and wallet card.  When the bags are full, the consumer tags the bags and brings them to a participating supermarket where tags are scanned and the bags left at the drop center.  CLYNK processes the bags and credits the customer’s CLYNK account or the account of a charity the customer designated.   

The consumer gets the first 10 bags for free but must pay $1.75 for another 10-pack which covers manufacturing costs.  The consumer can printed additional tags at a kiosk or, if the consumer wants to donate the funds, he or she may contact a participating charity. The consumer or the charity can check account balances online or at a kiosk.  To withdraw funds, the consumer can go to a kiosk, scan his or her card, enter the pin number, and print out a payment slip, which can be applied against sales, cashed out, or electronically transferred to the designated charitable fund.  

DCP Warns Consumers and Resellers about Potentially Fatal Cedar Chest Models

The Connecticut Department of Consumer Protection’s (DCP) October 2015 press release warns consumers and resellers to immediately disable “Lane” and “Virginia Maid” brand cedar chests with lids.  The warning came in the wake of the 2014 deaths of a brother and sister who suffocated in a chest after the lid closed and automatically latched shut.    

The Lane Furniture Company, in cooperation with the U.S. Consumer Product Safety Commission (CPSC), initially recalled 12 million chests in 1996, with subsequent recalls in 2000 and 2014.  To avoid further tragedies, DCP and CPSC conducted over 50 compliance checks at second hand stores and educated businesses on how to identify the recalled items before consumers purchase them. 

Lane recalled 12 million chests since 1996 with latches that automatically lock with the lid is closed, the article states. The company continues to offer new latches for these chests without charge. Despite past recalls, press releases, and replacement offers, approximately six million locks still need replacements according to Lane’s product safety webpage. 

More information can be found on the Department of Consumer Protection’s website.

The Right to an Attorney – Paying for Public Defenders

Nationally, most public defender’s offices do not have enough lawyers to appropriately handle the caseload.  In 2011 the Justice Policy Institute found that only 27% of county-based and 21% of state-based public defender’s offices had enough lawyers for the offices’ caseload. The Pew Charitable Trusts citied the institute’s findings in a recent article discussing how the problem arose and its unintended consequences.  

How did this problem arise? According to a National Association of Criminal Defense Lawyers representative the article cited, state and local governments have been cutting funds for public defender offices while legislatures have simultaneously elevated many infractions from civil to criminal penalties. 

The unintended consequences of these trends can be seen in Louisiana where the Public Defender Board has been sued for putting new clients on a waiting list due to a shortage of attorneys. The unintended consequences can also be seen in Missouri, where, according to the article, the state’s public defenders spend nine hours on certain felony cases that require 47 hours of work.  The U.S. Department of Justice noted this trend, finding that because of the size of the public defender’s caseloads, defendants in St. Louis County, Missouri, were experiencing an unconstitutional denial of due process.

The article describes what appears to be a vicious cycle in which an unrepresented defendant charged with a misdemeanor, such as petty theft or marijuana possession, may end up taking a disadvantageous plea deal that results in a fine he or she cannot afford to pay, an outcome that causes him or her to end up back in jail.  The costs associated with housing people in the correctional system and the negative impact conviction has on a person’s employability are also negative outcomes of a stretched public defense system.

The Miami-Dade County Public Defender’s Office is attempting to address this crisis by making attorneys available to monitor misdemeanor cases, but the effectiveness of this approach is still being studied, per the article.

The full article is available below:

http://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2016/04/11/right-to-an-attorney-not-always-in-some-states

FDA Finalizes Rules on Food Transport

The FDA recently issued final rules under the Food Safety Modernization Act (FSMA) setting new requirements for the sanitary transportation of human and animal food.

As explained in this FDA fact sheet, the rules generally apply to shippers, receivers, loaders, and carriers who transport food in the U.S. by motor or rail vehicle. They also apply to shippers from other countries who ship food to the U.S. for distribution here. There are certain exemptions, such as for small companies and transportation by farms. The rules do not apply to transportation by ship or air.

The rules set requirements for vehicles and transportation equipment, operations, records, training, and waivers. Businesses subject to the rules have one or two years to comply, depending on their size.

For example, the rules require:

• vehicles and transportation equipment to be suitable and adequately cleanable for its intended use and capable of maintaining temperatures necessary to safely transport food;
• specified safety measures, such as temperature controls and protecting food from contamination; and
• training of carrier personnel when the carrier and shipper agree that the carrier is responsible to maintain sanitary conditions during transport.

The FDA intends to publish waivers, under certain conditions, for companies who are:

• subject to inspection under the Grade “A” Milk Safety program or
• food establishments with valid permits issued by a state or tribal agency (such as restaurants or supermarkets), for operations in which food is relinquished to customers after transport.

The 20 Fastest Growing Jobs in America

A recent Forbes article discusses data from the Bureau of Labor Statistics identifying projections for the 20 fastest-growing jobs in the United States between 2014 and 2024. Wind turbine service technician topped the list with a projected growth rate of 108%. Occupational therapy assistant, physical therapist assistant, physical therapist aide, and home health aide rounded out the top five with projected growth rates between 38% and 43%. 

While these jobs are estimated to experience the most growth, they don't necessarily pay well and many do not require a four-year college degree. Forbes points out that:

1. The six jobs with the most projected growth do not require a four-year college degree.
2. Four jobs on the list have a median wage under $30,000.
3. Eight jobs on the list pay less than the national median wage of $54,000.

However, optometrist, physician assistant, and nurse practitioner also made the list, each having a median salary over $95,000.

Thirteen of the jobs are in the health care industry, likely due in part to the growing percentage of seniors in the population. Five jobs are related to physical and occupational therapy. 

FDA Proposes Limit on Arsenic in Infant Rice Cereal

The federal Food and Drug Administration (FDA) recently proposed a limit on the amount of inorganic arsenic permissible in infant rice cereal. Additionally, the agency recommended that (1) parents vary the starter cereals they provide their toddlers and (2) pregnant women eat a variety of grains. As noted in the New York Times, “as rice plants grow, the grain tends to absorb more arsenic than other crops.”

The FDA’s proposed limit of 100 parts per billion for inorganic arsenic in infant rice cereal mirrors the limit currently in place in Europe on such arsenic in rice.

According to the FDA, the proposed limit is based on a 2016 agency risk assessment, which found that “inorganic arsenic exposure in infants and pregnant women can result in a child’s decreased performance on certain developmental tests that measure learning . . . .” The agency also noted that, of 76 rice cereals sampled from retail stores, only 47% had arsenic levels that complied with the proposed limit.

The FDA will accept public comments for 90 days before finalizing the proposed guidelines.

For more information, see the full FDA risk assessment and the agency’s press release on the proposed rule.

Surge in Fentanyl-Related Deaths

According to a recent Governing article, the number of reported deaths linked to fentanyl has increased dramatically. According to a Centers for Disease Control and Prevention (CDC) report, in 2014 there were at least 28,000 deaths related to opioid overdoses, of which 5,554 involved fentanyl, a 79% increase from 2013. Additionally, unpublished data for the first half of 2015 indicates an even steeper increase in fentanyl-related deaths.

Fentanyl is a legal pharmaceutical used to treat severe pain. It is 50 times stronger than heroin and 100 times stronger than morphine.  Fentanyl is relatively cheap to produce illegally and is often mixed with heroin. Users may be unaware they are taking the drug.

A fentanyl overdose can shut down the lungs within two or three minutes. Therefore, victims are less likely to be rescued than those who overdose on other opioids. As a result of the drug’s potency, overdose victims often need multiple doses of naloxone to be revived and need immediate follow-up treatment.

Drug Enforcement Administration data has shown a twelvefold increase in law enforcement seizures of fentanyl since June 2013.

Feelin’ Young but Feelin’ Old

The Genworth Aging Experiment exhibit was on display earlier this month at the Liberty Science Center in Jersey City, New Jersey. The exhibit allows museum-goers to experience what it feels like to age. Participants can don an electronic suit that mimics many of the common ailments suffered by seniors, including muscle degeneration and limited vision and hearing. The museum then asks participants to complete a variety of everyday tasks to understand how difficult these activities become as individuals age.

Andy Newman, a reporter from the New York Times, recently took the suit for a test-drive. After 10 minutes in the suit, he reports “a remarkable amount of frustration, depression and hopelessness” associated with completing daily activities. After struggling to walk the equivalent of half a block on a treadmill, he called his parents to determine the suit’s accuracy. Could it really be that difficult to go such short distances?

My father, Aaron Newman, happens to be 85. I called him up. I described the treadmill experience and asked if that sounded about right.

“No,” he said. “It’s much worse.”

My mother, Helen Newman, who is only 84, got on the phone. I told her how the suit made me feel like nothing was worth the effort.

“That’s actually how I reacted this morning,” she said. “I got up with all my bones creaking, I staggered to the bathroom, and I said, ‘Ahh, I’ll go back to bed.’”

According to the suit’s creators, the point is to connect participants’ experience wearing the suit with their understanding towards older adults. Or, as Andy Newman puts it, wearing the suit “makes you a little less likely to lose patience and a little more likely to feel empathy with the older people in your life.” You can watch a video of the suit in action at Genworth.com’s exhibit webpage.

Job Creation by Startups and Young Companies

OLR Report 2016-R-0003 describes how startups and young companies contribute to job creation.

Research shows that startups are the primary driver of job growth in the U.S. economy and account for nearly all net new jobs in a given year.  Job creation by startups has driven net job growth in nearly every year since 1977. 

Although startups are the primary driver of net job creation in the U.S. economy, young firms contribute disproportionately to net job growth among existing firms.  Firms age one to five account for nearly two-thirds of net job creation.  While the oldest firms account for the largest share of current employment, the youngest companies account for the largest share of net job creation.

The research on new and young firms driving job growth runs counter to the commonly-held belief that small businesses drive job creation.  While early empirical research found a relationship between firm size and job creation, subsequent studies have found significant pitfalls with the studies’ supporting data, such as the lack of information on firm age. Research including data on firm age shows that it is new and young firms, which are generally also small due to their age, that drive job creation.  In fact, small, mature businesses have negative net job creation.

For more information, read the full report here.

2015 Achievement Gap Data

OLR Report 2016-R-0026 analyzes recent data on Connecticut's educational achievement gap.  Connecticut primarily measures student performance using the Smarter Balanced Assessment, commonly called SBAC because it was developed by the multi-state Smarter Balanced Assessment Consortium. 

The consortium created SBAC to align with Common Core State Standards, which Connecticut adopted in 2010.  According to the State Department of Education, SBAC scores reflect both the degree to which the new standards are implemented and the degree to which students have learned them. 

The SBAC data shows that Connecticut continues to have significant disparities in test scores between (1) racial groups, (2) high-needs and non-high-needs students, and (3) students eligible for free or reduced-price lunch and those not eligible.

For more information, read the full report here.  

SNAP Eligibility: Crowdfunding and ABLE Accounts

Earlier this year, the United States Department of Agriculture (USDA) published a memo to provide states with guidance on how to treat funds in crowdfunding accounts when determining eligibility for the Supplemental Nutrition Assistance Program (SNAP, formerly food stamps). Crowdfunding accounts are online platforms through which donors fund specific campaigns for charity, needy individuals, projects, or business ventures (e.g., Kickstarter, GoFundMe). The USDA generally determined that state agencies administering SNAP benefits should count funds in crowdfunding accounts to the extent that households can access such funds. (Some crowdfunding platforms do not allow account holders to access funds until they have reached a specified funding goal.) Read USDA’s memo on crowdfunding here. 

Earlier this month, the USDA also distributed guidance on treatment of funds in Achieving a Better Life Experience (ABLE) accounts when determining SNAP eligibility. ABLE accounts generally allow eligible individuals and families to save private funds for qualifying expenses related to disability or blindness. Connecticut passed legislation last session that required the state treasurer to establish an ABLE program and administer individual ABLE accounts (PA 15-80). Federal law requires funds in ABLE accounts be disregarded when making eligibility determinations for means-tested federal programs. The USDA determined that funds in ABLE accounts should be disregarded when state agencies determine SNAP eligibility, as SNAP is a means-tested federal program. Read the USDA’s memo on ABLE accounts here.  

CDC's PulseNet: Improving Food Safety for 20 Years

A recent Governing article discusses the state of food safety in the United States and specifically, how food safety has improved since the federal Centers for Disease Control and Prevention (CDC) launched its PulseNet surveillance system in 1996. 

PulseNet is a network of 83 federal, state, and local public health laboratories that collect samples and DNA from patients struck by foodborne illness and enter the information into a nationwide data repository.  This data helps over 3,000 local, state, and federal agencies identify links between outbreaks occurring in multiple states.  PulseNet was largely created in response to a 1993 E.coli outbreak linked to undercooked hamburgers sold by Jack in the Box restaurants.  Four children died and over 700 people were infected.

According to a study published in The American Journal of Preventive Medicine, PulseNet annually prevents a quarter million illnesses and saves half a billion dollars in medical costs and lost worker productivity.  The implementation of PulseNet along with other food safety measures implemented by the CDC, U.S. Department of Agriculture, U.S. Food and Drug Administration, and within the food industry decreased the number of E.coli infections nationwide by approximately 50% from 1997 to 2011.

USDA Issues Proposed Rule for Organic Livestock and Poultry Practices

As reported by the Associated Press on Yahoo! Finance, the U.S. Department of Agriculture (USDA) has issued a proposed rule about organic livestock and poultry practices. USDA’s Agricultural Marketing Service sets and enforces standards for organic production. The proposed rule seeks to strengthen standards for organic livestock and poultry production by clarifying how producers and handlers must treat livestock and poultry to ensure their health and wellbeing throughout all phases of life. The proposed rule addresses four broad areas of organic livestock and poultry practices: living conditions, animal healthcare, transport, and slaughter. Among other things, the rules would ensure that (1) all livestock, including poultry, have enough space to lie down, turn around, stand up, and fully stretch their limbs; (2) beaks could not be removed and tails could not be cut; and (3) poultry houses have fresh air and ventilation.

Individuals and businesses engaged in the organic meat, egg, poultry, dairy, or animal fiber industries may be affected by the proposed rule, which is currently open for public comment. For more information, see this frequently asked questions document. 

Penalties for Causing a Fatality When Texting While Driving

OLR Report 2015-R-0280 provides Connecticut’s and other states’ penalties for causing a fatality when texting while driving.  While there is no specific penalty in Connecticut, we found five states (Alaska, Illinois, Maryland, New Jersey, and Utah) that have enacted laws for such a crime.

In Connecticut, the offense of texting while driving is punishable by fines of $150, $300, and $500 for a first, second, or subsequent offense, respectively.  When a driver causes a fatality while texting, a prosecutor may charge the driver with applicable crimes not specifically related to illegal cell phone use, such as negligent homicide with a motor vehicle, misconduct with a motor vehicle, or 2^nd degree manslaughter, among others. 

Penalties in the states previously mentioned range from misdemeanors punishable by up to one year imprisonment to felonies with prison sentences of up to 15 years for a first conviction. Misdemeanor fines range from a maximum of $2,500 to a maximum $10,000 and felony fines range from a maximum of $5,000 to a maximum of $250,000.

For specific details on each state’s penalties, click here to read the full report.

Personal Health Information Disclosure

OLR Report 2016-R-0050 describes the laws that limit the circumstances in which health care providers may release a patient's personal health information.  Personal health information is protected by both federal and state laws.  The federal Health Insurance Portability and Accountability Act (HIPAA) provides the minimum level of protection, while state laws may provide additional protection.

HIPAA's privacy rule establishes national standards to protect patients' medical records and other personal health information (45 C.F.R. §§ 160, 164(A), (E)).  The privacy rule limits the disclosure of patients' personal health information by covered entities without their authorization and gives patients a right to obtain, examine, and copy their medical records and request corrections.

HIPAA's security rule applies the protections of the privacy rule to electronic personal health information and requires that appropriate administrative, physical, and technical safeguards be put into place to maintain the confidentiality, integrity, and security of electronic health information (45 C.F.R. §§ 160, 164(A), (C)).

Several Connecticut laws also address the privacy and disclosure of patients' personal health information.  These include laws that (1) establish a bill of rights that assures confidential treatment of patients' personal and medical records and (2) prohibit the sale of personal health information.  Connecticut law allows the disclosure of personal health information to certain state agencies.  For example, Department of Mental Health and Addiction Services (DHMAS) contractors must disclose personal health information to the commissioner in certain circumstances.

For more information, read the full report here.

New Report: Internet Access and Distance Learning in Higher Education

Online college courses are becoming an increasingly popular option for adults wishing to pursue a postsecondary degree, and states have embraced the “distance learning” trend as a way to meet education attainment goals. 

The Education Commission of the States (ECS) explores this topic in its recently released “trends report:” Broadband access and implications for efforts to address equity gaps in postsecondary attainment.  The report notes that more than a quarter of all college students take some classes online, and 13% of such students complete all required coursework online.  ECS points out two obstacles states must overcome to promote this educational avenue: (1) increasing access to adequate Internet broadband speeds and (2) funding the purchase and maintenance of available broadband. 

The report provides an overview of these two challenges and provides key questions for legislators to consider should they seek to expand access to online distance learning courses. 

Connecticut’s Local Health Departments

OLR Report 2016-R-0024 provides a brief overview of Connecticut’s local health departments.

Currently, Connecticut has 73 local health departments serving the state’s entire population.  Fifty-three are full-time departments, while the remaining 20 are part-time.  The full-time departments include 33 individual municipal health departments and 20 health district departments (multi-town departments serving from two to 20 towns).  According to the Department of Public Health (DPH), based on the state’s 2013 estimated population, full-time health departments serve approximately 95% of the state’s population, while part-time departments serve the remaining 5%.

By law, a municipality may have a part-time health department if: (1) it did not have a full-time department or was not in a full-time district before January 1, 1998, (2) it has the equivalent of at least one full-time employee, and (3) the DPH commissioner annually approves its public health program plan and budget.

For more information, read the full report here.

Raw Milk Sales

A recent article from the National Conference of State Legislatures explains laws regarding the sale of raw milk.  According to the Centers for Disease Control and Prevention (CDC), "raw milk" is milk from cows, goats, sheep, or other animals that has not been pasteurized.  The CDC estimates that less than 1% of milk sold to consumers in the United States is raw milk and warns that consuming it can be dangerous, even resulting in death.

The U.S. Food and Drug Administration’s  (FDA) Pasteurized Milk Ordinance (PMO) provides standards for states to use as guidance regarding the production, processing, packaging, and sale of Grade A milk and milk products and does not permit the sale of raw milk or products made from raw milk (e.g., yogurt, cheese, butter, ice cream). 

Thirty-one states, including Connecticut, allow consumers to purchase raw milk directly.  Some states allow it to be sold in retail stores while others only allow it to be sold at farmers' markets or on the farm.  Because the FDA does not regulate raw milk, it cannot be sold across state lines or internationally. 

In Connecticut, raw milk sales are legal on the farm and in retail stores.  The state requires that farmers obtain producer permits and raw milk retailer permits from the State Agriculture Commissioner and a milk dealer license from the public health board of the town or city where the farm is located.

Penalties for Driving Without Insurance

OLR Report 2016-R-0037 provides the penalties for driving a vehicle without auto insurance in Connecticut.

Under state law, anyone who owns a private passenger or commercial motor vehicle requiring registration must obtain and continuously maintain insurance. Violators face penalties based on the charge and type of vehicle registration.  Charges include operating a vehicle without insurance, failing to maintain insurance, and failing to carry proof of insurance. 

For a private passenger who fails to maintain insurance, a term of imprisonment of up to three months may be imposed.  A commercial vehicle registrant who knowingly operates a motor vehicle illegally faces a five year prison term.  Fines range from $50 to up to $5,000.  Other fees may also be applicable, such as a $175 restoration fee to have a license restored. 

The law requires the Department of Motor Vehicles to suspend the vehicle owner’s registration and driver’s license for one month for a first conviction and six months for subsequent convictions.  A license may not be restored until the owner shows proof of insurance for each vehicle owned and pays the required fee.

For additional information, read the full report.