The Midwestern Office of The Council of State GovernmentsThe Midwestern Office of The Council of State GovernmentsThe Midwestern Office of The Council of State GovernmentsThe Midwestern Office of The Council of State GovernmentsThe Midwestern Office of The Council of State Governments VVVVVolume 13, Number 2 • Februarolume 13, Number 2 • Februarolume 13, Number 2 • Februarolume 13, Number 2 • Februarolume 13, Number 2 • February 2004y 2004y 2004y 2004y 2004

Stateline

Stateline Midwest is published

monthly by the Midwestern

Office of The Council of

State Governments.

Annual subscription rate: $60.

To order, call 1-800-800-1910.

CSG Midwestern Office StaffMichael H. McCabe, Director

Tim Anderson, PublicationsManagerCindy Andrews, Assistant DirectorIlene K. Grossman, AssistantDirectorLaura Kliewer, Senior Policy

Nebraska Gov. Mike Johanns(right) addresses the NebraskaUnicameral Legislature as Sens.DiAnna Schimek and Ron Raikeslook on. All but one of the region’sstate of the state addresses weredelivered in January. MinnesotaGov. Tim Pawlenty gave his speechin early February (photo: Nebraskagovernor’s office).

(Please turn to page 7)

Stateline Midwest is publishedmonthly by the MidwesternOffice of The Council of StateGovernments.Annual subscription rate: $60.To order, call 1-800-800-1910.

CSG Midwestern Office StaffMichael H. McCabe, Director

Gail Meyer, Administrative AssistantLiz Miller, Administrative AssistantLisa R. Sattler, Senior Policy AnalystLaura A. Tomaka, Program Manager

Tim Anderson, Publications ManagerCindy Calo Andrews, Assistant DirectorIlene K. Grossman, Assistant DirectorJesse Heier, MGC Washington, D.C., DirectorLaura Kliewer, Senior Policy Analyst

by Tim Anderson

An expansion of early-childhood educationopportunities and the development of more-effective job creation strategies were the two mostcommon policy priorities set by Midwesterngovernors in their recent state of the state ad-dresses.

Following a legislative year dominated by efforts toeliminate real and projected budget deficits, thegovernors opened 2004 with speeches that concen-trated less on immediate fiscal concerns and moreon new state government initiatives.

Perhaps the most striking similarity between thespeeches was their focus on early-childhoodlearning. A majority of the region’s 11 governorsintroduced proposals that would invest more statedollars and resources into education proposals fortheir state’s youngest residents.

“For every dollar we invest in high-quality, com-prehensive early-learning initiatives, we will save$7 in welfare, special education and criminaljustice costs,” Indiana Democratic Gov. Joe Kernansaid in his first-ever state of the state address.

That theme was repeated in several states acrossthe region. In addition, like many of them did lastyear, Midwestern governors announced newinitiatives to stimulate economic growth andgenerate new jobs.

“In this global economy, no jobs are safe,” OhioRepublican Gov. Bob Taft warned during a speechoutlining his new Jobs Bill. “High-speed Internetconnections and low-cost skilled labor overseas

are an explosive combination. By one estimate,4,000 engineering, programming and accountingjobs will leave the United States every week. Weare battling for our economic survival.”

The annual addresses offer a glimpse of what eachstate’s issue priorities may be for the year ahead.Ultimately, though, legislators will decide whethera governor’s vision for the state will become a reality.

‘No child starts behind’By the time a child arrives in kindergarten, 90percent of his or her brain is developed. Kernanused that fact to highlight the importance ofimproving and expanding early-childhood educa-tion in his state. Over the next few years, thegovernor’s proposed Early Learning Trust wouldbegin to provide preschool programs for all at-riskchildren in Indiana and offer voluntary, full-daykindergarten statewide.

To pay for the initiative, Kernan wants the state toredirect money from its Pension Stabilization andCommon School funds. He also will push for aconstitutional amendment to ensure a long-termfunding source for the Early Learning Trust.Lawmakers are being asked to commit $31 millionto the program in its first year.

In Kansas, Democratic Gov. Kathleen Sebelius hasproposed raising property, income and sales taxesin the state to pay for her three-year, $300 millionEducation Plan.

In part, the proposal calls for the state to providethe money needed for every school district inKansas to offer voluntary, all-day kindergarten.She also would allocate $10 million for an expan-sion of the Smart Start program, a state-fundedinitiative that provides grants and other financialassistance to early-childhood education centers.The state then performs an outcome-basedanalysis of these centers.

Additionally, Sebelius wants to pump moreresources into the Parents as Teachers project. Thefree, year-round program offers parents withchildren from birth to 3 years old access toresearch-based information on early childhooddevelopment and growth.

“We know that one in three children doesn’t havethe skills [needed] to succeed when they enterkindergarten,” Sebelius said. “We can’t afford tocontinue this pattern of neglect.”

Off to a good startGovernors’ speeches focus onyoung learners, economic growthInside

10CSG News & EventsBILLD deadline approaching

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Feature StoryLawmakers get crash course in bioscience

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11MLC Issue BriefsSCHIP’s past successes, future challenges;regional water protection initiatives

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Around the RegionElection reform; health care delivery systems

Next monthNew proposals to contain health carecosts

Feature StoryStates consider charter school expansion bills

Feature StoryPresent and future water conflicts

Feature StoryMidwest reacts to mad cow disease discovery

ProfileOntario Speaker Alvin Curling

FirstPersonIndiana Rep. Charlie Brown

February 20042Stateline

Around the RegionWhile some improvements to the nation’s electionssystems have been made since the controversial2000 presidential race, many of the flaws have notyet been addressed due in part to delays in fund-ing and guidance from the federal government, aJanuary report from the nonpartisan, non-advo-cacy group electionline.org finds.

The study examines each state’s reform efforts overthe past few years. It concentrates on several keyrequirements of the Help America Vote Act,including the replacement of voting machines,voter ID requirements and the creation of a voterregistration database. In 22 states, includingIllinois, Indiana, Michigan and Ohio, punch cards— singled out in 2000 for their problems with“hanging” and “pregnant” chads — will still beused in at least some counties in 2004. Authors ofthe report also note that in all states, no voters willbe turned away from the polls (they will at least begiven provisional ballots). Some states, too, havestiffened ID requirements. The report can beaccessed at www.electionline.org.

State eyes corporate sponsorshipsIn an effort to increase state revenues, Illinoishas begun to implement a strategic asset-marketing initiative that eventually will lead toprivate sponsorships of various state programsand events. The plan follows the lead of NewYork City, which, most recently, entered into anagreement with the makers of Snapple to makeit the city’s “official drink.” Snapple now hasexclusive rights to sell juices and water in citybuildings and to advertise on city trash cans,ferries and at concerts in public parks. In return,New York City and its school system will receivea total of $166 million over a five-year period.

Illinois Gov. Rod Blagojevich says his state isthe first in the nation to implement a strategicasset-marketing initiative. Team Services, LLC,has been hired to help identify potential stateassets and services that might offer attractivemarketing opportunities for businesses. Ideasinclude public-partnerships involving theIllinois State Fair and the designation of“official state products.”

Organ donors offered tax breakWisconsin residents who donate their organs arenow eligible for a one-time income tax deductionof up $10,000, marking the first time a state hasassisted individuals and families with the financialcost of a transplant. Signed into law last month,the legislation covers costs related to travel, lodgingand lost wages resulting from the donation of akidney, a lung, some bone marrow, or part of theliver, pancreas or intestine.

Nationally, more than 83,000 people arewaiting for organ transplants, including morethan 1,400 citizens in Wisconsin. Every day, 17people across the country die because an organwas not available.

A “third-rate” health care delivery system ishampering the ability of many Americans to takeadvantage of important advances in medicine, anew report fromGoverning magazineconcludes.

In its examination ofgovernment-fundedhealth care in the 50states, the magazinesays that the currentsystem is not onlyinadequate, butdeteriorating. Accord-ing to the report, severefiscal problems areincreasing the numberof uninsured, limitingaccess to mental healthcare and threateningpublic health. Six areasare analyzed: publichealth, mental health,long-term care,children’s care, prescrip-tion drugs and insur-ance coverage. In eachcategory, the authorsgive examples of theconsequences of having “first-rate medicine” andan inadequate delivery system. For example,psychotropic drugs have made it possible for manymentally ill Americans to leave state institutionsfor community-based settings, but a lack of localservices has left tens of thousands of people on thestreet — or in jail.

The report also takes a state-by-state look at thecondition of health care systems. Several states inthe Midwest were hailed as “success stories.”Illinois was singled out for expanding eligibilityfor the State Children’s Health Insurance Pro-gram, bucking a national trend. As a result,20,000 more children will receive insurance underthe program.

Wisconsin was deemed a success story in three ofthe six categories. The state’s accreditation programfor local health departments has strengthened

Report: Health care delivery system is deteriorating

Five Midwestern states are among the 16 thathave asked the U.S. Supreme Court to rule on adeath penalty issue that could impact hundredsof previously tried cases in different parts of theUnited States. At issue is whether a 2002decision by the court should apply retroactively.In Ring vs. Arizona, the court ruled that juries,not judges, should have the final say on whogets the death penalty. Several states, includingNebraska, then responded by changing theirsentencing procedures.

Prior to the 2002 ruling, though, death penaltyeligibility in certain states was determined by a

States file brief in key death penalty casejudge, not a jury.

“If the Supreme Court rules in favor of retroac-tivity, we could be forced to retry the penaltyphase of the five death penalty cases decided bythe Nebraska Supreme Court before the Ringdecision was handed down,” Nebraska AttorneyGeneral Jon Bruning says.

Bruning’s office filed a brief in January urging theSupreme Court to determine that its ruling in theRing case does not apply retroactively. Illinois,Indiana, Ohio and South Dakota are among thestates that joined Nebraska in filing the motion.

accountability and encouraged local governmentsto provide additional public health services. Inaddition, Wisconsin provides public insurance to

parents at higher levelsof income than mostother states and hastraditionally had one ofthe nation’s lowestuninsurance rates. Iowaand Minnesota alsowere recognized forhaving a high percent-age of residents withinsurance coverage.

Nebraska has emergedas a leader in publichealth services for itsdevelopment of acomprehensive networkof local health depart-ments. Over the pastthree years, the statehas nearly doubled itsnumber of localdepartments, whichhas led to significantimprovements inservices such as healtheducation, disease

investigation and enforcement of public healthlaws. The report also praises North Dakota fordeveloping a new public health plan and a corre-sponding legislative strategy.

Michigan was cited as both a success story and a“trouble spot.” Authors single the state out for itsleadership in the formation of a multi-statepurchasing pool for prescription drugs, but addthat Michigan has failed “to build an adequatecommunity-based system of mental health care.”

Other trouble spots cited in the report includeIndiana, for a change to the children’s healthinsurance program that now requires parents todocument eligibility every six months, and Ohio,which spends a higher percentage of long-termcare dollars on nursing homes than most otherstates. More information on the study’s findingsis available at www.governing.com.

‘Success stories’ in the MidwestSix different aspects of state health care systems were examined inGoverning magazine’s recent report. For each category — publichealth, mental health, long-term care, children’s care, prescriptiondrugs and insurance coverage — a few states were singled out fortheir efforts. Several Midwestern states were recognized.

Source: Governing magazine

Success story in insurance coverage,children’s care and public health

Success story in public health

Success story in prescription drugs

Success story in insurance coverage

Success story in insurance coverage andchildren’s care

3Stateline

So before considering the measures, lawmak-ers took the chance to learn more about thebioscience issue together. At the seminar,legislators led discussions with industryleaders, university officials and economicdevelopment experts. Pawlenty also spoke atthe meeting.

The event was brokeninto three parts. The firstfocused on exactly whatbioscience is. The secondsection examined how itcould translate into jobsand business opportuni-ties for Minnesotans, andthe third part studied ways for Minnesota tobecome a leader in the bioscience industry.

Osterman and others say Minnesota alreadyhas fallen behind other states. Michigan, forinstance, has created a $1 billion Life ScienceInitiative, while Wisconsin already puts asmall portion of investments from theirpublic pension fund portfolios into a venturecapital fund.

Still, Minnesota leaders believe the differencecan be made up. Osterman hopes the recenteducational seminar helps her and fellowlawmakers decide whether and how the stateshould get involved.

“We obviously don’t want to be a deterrent,but does the state want to complement effortsto develop the bioscience industry?” she asks.“To answer that question, we think it isimportant to close the knowledge gap.”

Back to school: Lawmakers take time to learn about bioscience

?One of the many services provided by the Midwestern Office of The Council of State Governments is its Information Help Line, a research serviceintended to help lawmakers, legislative staff and state officials from across the region. The CSG Midwest staff is always available to respond to members’inquiries or research needs regarding various public policy issues. The Question of the Month section highlights an inquiry received by this office. Torequest assistance through CSG Midwest’s Information Help Line, call 630/810-0210 or use the online form available at www.csgmidwest.org.

ANSWER: According to Advocates for Highway and Auto Safety — analliance of consumer, health and safety groups and insurance companiesand agents — Illinois, Indiana and Wisconsin are three of the 20 statesnationwide that had this kind of restriction on teen-age drivers as ofOctober 2003. These provisions have been enacted as part of states’graduated driver licensing programs.

Illinois lawmakers approved the legislation last year, and it becameeffective Jan. 1. For the first six months after a teen-ager receives adriver’s license, or until the individual turns 18, he or she cannot operatea motor vehicle with more than one passenger under the age of 20.Exceptions are made if the passengers are siblings or children of thedriver. Similarly, Wisconsin’s nine-month probationary license periodrestricts young drivers from driving with more than one of their peers(immediate family members are again excluded from the rule). Duringthe first 90 days in which an Indiana teen-ager receives a probationarylicense, adult supervision is mandated whenever the driver is transportingother passengers.

Q U E S T I O N : WHICH MIDWESTERN STATES RESTRICT THE NUMBER OF PASSENGERS A TEEN-AGE DRIVER CAN HAVE IN HIS OR HER VEHICLE?

Q U E S T I O N O F T H E M O N T HQ U E S T I O N O F T H E M O N T H

Graduated driver licensing programs often carry other restrictions aswell. For example, teens are sometimes forbidden from driving alto-gether during certain hours of the day, usually between midnight and 5a.m. or during times that coincide with curfew laws. Advocates forHighway and Auto Safety recommends more-stringent nighttimerestrictions, noting that most crashes involving young drivers occurbefore midnight.

States have started to enact tougher licensing programs for teens be-cause they are involved in a higher percentage of traffic accidents thanother age groups. In 2002, individuals between the ages of 15 and 20were involved in 14.6 percent of the nation’s fatal traffic crashes, theNational Highway Traffic Safety Administration reports. That same agegroup accounted for only 6.6 percent of the total driving population in2001. Based on estimated miles traveled annually, drivers between theages of 16 and 19 have a fatality rate four times the rate of driversbetween the ages of 25 and 69. More information is available atwww.saferoads.org/issues/fs-GDL.htm.

by Tim Anderson

Like most new lawmakers, Minnesota Rep.Lynne Osterman came to rely on the exper-tise of more-senior members during herfreshman year as a lawmaker. She calls it the“knowledge bank.” For about every publicpolicy imaginable, there was a fellow legislatorwith a vast knowledge of the subject matterwilling and able to help.

Osterman, though, discovered one notableexception to that general rule last year.

“When it came to the topic of bioscience, Inoticed we didn’t have that knowledge bankyet,” she says. “There was a knowledge gap,and bioscience is an area we need to learnmore about because it has so much potentialto help our state.”

To start her second year as a lawmaker, Ostermandecided to do something to build up the knowl-

edge bank. She, along withDemocratic Sen. SteveKelley of Hopkins, orga-nized a one-day “Bio-sciences 101” seminar forfellow legislators. Aboutthree-quarters of the state’ssenators and representativeswere expected to attend the

event, which was held this month during the firstweek of the 2004 legislative session.

“This [seminar] isn’t going to make anyone anexpert in bioscience,” Osterman, a Republicanfrom New Hope concedes. “But if we can raiseawareness and understanding even slightly, thenwe’ll have a chance of making better, informeddecisions.”

One thing is for sure: lawmakers are increasinglygoing to be asked to make some importantdecisions about the state’s role in promoting thebioscience industry. Like other Midwesternstates, Minnesota has been looking to expandnontraditional economic sectors due to concernsabout industries such as conventional agricul-ture and manufacturing.

The Legislature approved a bill last year tocreate three “bioscience zones” near theUniversity of Minnesota and the Mayo Clinicin Rochester, Minn. Biotechnology and healthscience businesses will be eligible for varioustax exemptions and credits for opening in thedesignated zones. Last year, too, RepublicanGov. Tim Pawlenty created a MinnesotaBioscience Council (of which Kelley is amember) to develop public policy strategiesthat expand the industry.

Late in 2003, the council released a series ofrecommendations for the Legislature toconsider this year. They include a $117million bonding request for various bio-science-related facilities, changes to the 2003tax-incentive legislation, a plan to set asidestate workforce training dollars specifically forthe bioscience industry, the creation of a neweducation-industry partnership, and theestablishment of a Minnesota Venture Capi-tal Program.

“We’re going to be asked to make someimportant decisions this year that could eitherhelp or cost the state five, 10 or 15 years fromnow,” Osterman says. “We certainly shouldn’tdecide not to act just because there is aknowledge deficit.”

Rep. Lynne Osterman

Sen. Steve Kelley

February 20044Stateline

‘A growing movement’Jon Schroeder, a federal policy consultant forthe Minnesota-based National Alliance ofCharter Schools, says charter schools have facedserious resistance ever since they first began toappear in most states in the early 1990s. Still,about 3,000 of these schools now operate acrossthe nation.

“It’s a growing movement,” Schroeder says. “Theschools appeal to parents because they’re usuallysmaller, and they appeal to teachers because theyallow more independence and an opportunity towork outside the bureaucratic confinement ofpublic schools.”

He and other charter school proponents arepushing states to do more. Among their policypriorities are the establishment of governingentities designed specifically to grant charters,improving state funding for cost-related activi-ties such as building purchases, and guarantee-ing the right to participate in charter schoolactivity in all school districts.

“Charter schools are part of the changing natureof public education; the days of having amonopoly in which you’re guaranteed yourcustomers are over,” he adds.

Michigan currently has the largest number ofcharter schools (150) in the Midwestern region.Various entities — local and intermediate schoolboards, community colleges and public universities— are given charter school authorizationpowers. However, state law caps the number ofschools authorized by public universities at 150,a provision that has become a hot political issuein recent years.

Last year, Detroit teachers rallied in Lansing toprevent Gov. Jennifer Granholm from approving

an agreement thatwould double thenumber of chartersallowed in the stateover the next 10years. The charterschool issue wasfurther complicated

by Michigan philanthropist Robert Thompson’soffer of $200 million to the city of Detroit if itwould invest the money in charter high schools.

Thompson’s offer was ultimately rescinded afterMayor Kwame Kilpatrick and Granholmwithdrew their support for the project, withcritics claiming that both politicians buckledunder union pressure.

In September, Granholm ended discussionsaimed at raising the current cap, saying that adraft bill from Republicans included issues thatwere never discussed. As a result, the fate ofadditional charter schools in Michigan remainsin limbo.

by Mike Murphyfor Stateline Midwest

In existence for nearly 15 years, charter schoolsremain a controversial topic in legislatures acrossthe nation and in the Midwest, where at leastthree states are considering legislative changes totheir current chartering laws.

In Wisconsin, Minnesota and Michigan,measures have been introduced to increase thenumber of charter schools, which critics claimwrest control from elected and state-appointedschool officials and sapmoney from traditionalpublic schools. Charterproponents argue thatthe schools provide auseful, publicly fundedalternative for parentsdissatisfied withtraditional publiceducation.

Wisconsin Sen. AlbertaDarling is sponsoringthree bills this legisla-tive session that wouldfacilitate charters in herstate. The Badger Statealready ranks seventh inthe nation for itsnumber of charter schools; 137 are currentlyoperating and an additional 13 are slated toopen next school year. Still, Darling says, herconstituents are increasingly demanding morepublic school choices.

She notes that parents and communities ofteninitiate bids for charter schools in spite of thefact that the state provides no start-up funds forthe schools.

“I give the parents and communities a lot ofcredit,” the Republican from River Falls adds.“It’s the parents and the community pullingtogether to make sure students have anotheroption.”

Wisconsin has a two-tier system for charteringschools. In Milwaukee, the school board, thecity of Milwaukee and two Milwaukee collegesserve as chartering authorities. Outside Milwaukee,only school boards have the authority to grant acharter.

One of Darling’s bills would essentially dupli-cate the Milwaukee system by allowing stateuniversities to grant charters. She also is seekingthrough legislation the establishment of anappeals system with the state superintendent forcharter proposals that are rejected by their localschool boards.

“The school boards are reluctant to see chartersbecause they see it as dollars being drawn awayfrom the schools,” Darling adds. “People don’twant the dollars to leave even if a parent thinks

Measures seek to expand number, types of charter schoolsa child can get a better education somewhereelse. But thinking that the dollars belong to usand not the child is the mindset that has tochange.

“The teachers union puts more effort intodefeating charter schools than anything else, andthe irony is that they’re public schools.”

In January, Minnesota Republican Gov. TimPawlenty introduced plans to expand charterschools in the state, where 87 charter schools

currently operate andan additional 20 arescheduled to open intime for the nextschool year. In 1991,Minnesota became thefirst state in the nationto establish a charterschool.

Sen. Steve Kelley, aDemocrat fromHopkins, says statelegislators are sure totackle the charter schoolissue during the 2004session.

“There is an ongoingneed to generate parent and student choicesin the public school environment,” addsKelley, the chair of the Minnesota SenateEducation Committee.

Kelley says he is particularly excited about twocharter initiatives announced by Pawlenty: onewould provide an English immersion programfor Minnesota’s immigrant population, andanother would expand special education servicesin the state.

The MinnesotaDepartment ofEducation wouldsponsor these schoolsunder the governor’sproposal. Other ideasinclude creating ayear-round school and a so-called “superschool.”

The latter proposal would create charter schoolsin three districts where student performance islagging. Teachers at these schools would be paidas much as $100,000 if their pupils’ achieve-ment levels improved; in exchange, the instruc-tors would waive tenure.

Despite his enthusiasm for some of thegovernor’s proposals, Kelley does caution thatconcerns about traditional public schools’ loss ofstudents to charters are real and need to beconsidered.

Charter schools in the MidwestEight of the region’s 11 states are among the 40nationwide that have passed charter school legislation.

Source: US Charter Schools

State

Illinois

Indiana

Iowa

Kansas

Michigan

Minnesota

Yearlawpassed

1996

2001

2002

1994

1993

1991

Ohio 1997

Wisconsin 1993

Numberof charterschools

29

10

0

27

199

87

131

137

Numberof pupilsenrolled

10,309

1,275

0

2,568

70,000

12,269

28,446

26,797

“I give the parents and communities a lot ofcredit. It’s the parents and the communitiespulling together to make sure students have

another option.”Sen. Alberta Darling

Wisconsin

5Stateline

data collection and the funding of grants could bereduced. The task force would like lawmakers toprovide a dedicated funding source for waterconservation (a small portion of sales tax rev-enue) that could be counted on to collect dataand pay for new building projects that storewater. The money also would compensateagricultural producers for converting irrigatedland to dryland farming.

Nebraska Sen. Robert Kremer of Aurora says heis “confident that results of the task force will beimplemented” by the Legislature. Jim Cook,legal counsel for the Nebraska Department ofNatural Resources, adds that there is a “substan-tial cost to implementing the task force’s pro-posal, [but] the substantial potential cost to thestate will be much greater if the recommenda-tions are not implemented.”

Two states known for their abundance of freshwa-ter resources, Minnesota and Wisconsin, also havebeen working on conservation plans. MinnesotaRepublican Gov. Tim Pawlenty has proposedsetting aside 100,000 additional acres of landthrough the federal government’s ConservationReserve Enhancement Program. Using a combina-tion of state and federal dollars, his plan wouldtarget land considered critical to water protection.

Wisconsin Democratic Gov. Jim Doyle has said“water will be the oil of the next century.” Hisstate’s Department of Natural Resources has beenworking with the Cooperative Extension Service andthe U.S. Department of Agriculture on a programto protect water from another critical state asset: itsagricultural economy. Under the initiative, calledDiscovery Farms, agricultural producers, water andland scientists, ecologists and economists worktogether to find land management techniques thatbest conserve and protect water supplies. Afarmer’s entire operation is studied, and a holisticplan that addresses water management across theentire farm eventually is developed.

“Putting together all of the experts with the farmeris the best way to economically reduce agriculture’simpact on the environment,” Discovery Farmsdirector Dennis Frame says.

Missouri River conflict highlights potential for future ‘water wars’by Carolyn Orr

At The Council of State Governments’ nationalmeeting last year in Pittsburgh, attorney WilliamSherk made clear what every state in everyregion of the country should expect regardingwater policy in the years ahead.

“States fall into one of two categories,” Sherk, anationally recognized legal expert on waterissues, told lawmakers. “Those that are involved ina water conflict, and those that are going to be.”

The most publicized “water wars” of the pasthave more often than not been waged outsidethe Midwest, but this region is not immunefrom such conflicts. In fact, perhaps the most-publicized dispute right now involves manage-ment of the Missouri River. Ongoing battleslike this one, along with recent drought condi-tions and concerns about polluted waterways,have underscored the importance of preservingan invaluable natural resource. Water protectionefforts extend well beyond disputes betweenneighbors; they also involve efforts within astate to plan, manage and conserve their waterresources in an appropriate way.

Controlling the river’s flowIn December, North Dakota and South Dakotaofficials asked the U.S. Supreme Court to decidewhether recreation (in their states) or navigation(downstream barge traffic) should take precedencein controlling the flow of the Missouri River. Theywant more water for their reservoirs in the sum-mer. Downstream states, specifically Missouri andNebraska, want more water for barges and otheruses. Efforts to reach a compromise between thestates and the federal government, including ameeting last fall, have been unsuccessful.

Reservoirs in North Dakota and South Dakotaare reaching historically low water levels. Latelast year, North Dakota Republican Gov. JohnHoeven ordered the National Guard to deliverdrinking water to certain communities in thestate. The reservoir withdrawals, he says, are notonly affecting North Dakota’s recreation indus-try, but also the “health and security of [resi-dents’] drinking water supply.”

The dispute revolves around the U.S. Army Corpsof Engineers’ management (some would say“mismanagement”) of the Missouri River Basin.The corps uses a “master manual” to establish howmuch water is available for reservoirs, navigation,power generation, recreation and species habitat insix Western and Midwestern states. It releasesenough water from reservoirs in upper basin statesin order to provide consistent water levels down-stream for barge traffic. In doing so, though,conservationists say the corps threatens federallyprotected birds and species, while upper basinstates contend that their drinking water suppliesand fishing industry are at risk.

A U.S. appeals court has ruled that the nation’s

Flood Control Act of 1944 gives navigationpriority over recreational interests, but NorthDakota and South Dakota officials have askedthe U.S. Supreme Court to hear the case.Meanwhile, the U.S. Fish and Wildlife Servicehas issued a biological opinion asking the corpsto lower the river’s flow in the summer toprotect spawning fish and nesting birds. Amidstthese varying opinions and interests, the U.S.Department of Interior has decided to convenea national panel of experts to eventually allowthe corps to produce a revised master manual foroperation of the entire Missouri River system.

Proactive water managementWhile the federal government has historicallydeferred to the states regarding the managementand allocation of water resources, future water warsmay lead to more interventions by the courts andthe U.S. Congress. States, however, can avoid somefuture conflicts and losses of control by enactingeffective management plans.

Water planning and management are the onlymeans to protect supplies and provide a reason-able amount of clean water. Recognizing this,the Nebraska Unicameral Legislature created aWater Policy Task Force in 2002 to evaluate thestate’s supply of surface water and groundwater.The group also was charged with developing aplan to improve Nebraska’s existing laws.

The task force’s final report, which was unveiled inDecember, recommends that Nebraska adopt a“stronger, more proactive approach” to watermanagement. A key part of the plan involves anannual determination of use in the state’s riverbasins. If a basin’s supply of water is determined tobe fully used or over-appropriated, the NebraskaDepartment of Natural Resources would thenhave the authority to suspend all new uses until athree- to five-year management plan is developed.The task force believes this proposal would helpavert conflicts between different water users.

Nebraska legislators are expected to approve thefundamentals of the water recommendations;however, a funding request of $4.7 million for

Whether a state is working on issues of

water quantity or quality, it is important that

the planning and management decisions are

based on sound science. All existing

scientific data must be marshaled to address

statewide planning efforts.

One way to gather that data is through

participation in the 2004 Environmental

Monitoring and Assessment Program

Symposium, a collaborative effort between

The Council of State Governments, the

National Oceanic Atmospheric Administration

and the U.S. Environmental Protection

Agency. This national symposium will bring

together expert managers and scientists to

Symposium will offer useful information on water managementdiscuss how advances in monitoring and

assessment can be targeted to meet

emerging state needs. Additionally,

discussion groups and other sessions at the

symposium will provide opportunities for

participants to discuss the design and

implementation of water quality programs.

The meeting will be held March 3-7 in New

Port, RI. There are opportunities for travel

support for state water quality employees. For

more information on this symposium, contact

Amanda Mays at amays@csg.org or (859)

244-8236. Those interested also can find

details on the symposium at www.csg.org,

keyword: EMAP.

registration will continue efforts “to ensureconsumer confidence and that the livestockproduced in this state is safe.”

States are increasingly looking at ways to marketthe quality and safety of their beef. South DakotaRepublican Gov. Mike Rounds has been leadingan effort called Dakota Prime. The voluntaryprogram would allow the state’s ranchers topurchase electronic identification tags that wouldtrack the animal’s entire history. These animalswould be labeled Dakota Prime, a brand name thegovernor believes customers would come toassociate with quality, disease-free meat.

Controversies over national trade issues also havebeen heightened over the past few months. Someregional lawmakers here are still seeking congres-sional action on a country of origin labelingprogram, and federal officials are grappling with adecision over whether to reopen the U.S. border tolive animals from Canada. Johnson fears such amove would hamper efforts to reopen key exportmarkets to U.S. beef. Others, though, argue thatthe North American cattle industry is so highlyintegrated that a normalization of U.S.-Canadatrade should be done as soon as possible for thegood of both countries.

These along with other concerns about trade and foodsafety will not go away anytime soon, nor will con-cerns about future BSE discoveries.

by Tim Anderson

If mad cow disease ever was going to be detectedin U.S. cattle, and some say such a finding wasinevitable, the Dec. 23 case may have occurred atas good a time as any.

Livestock producers had been reaping the benefitsof unusually favorable supply-demand marketconditions and record-high cattle prices. As aresult, the hit taken by the industry was softened,so much so that South Dakota Republican Rep.Jim Lintz says people in his beef-producing stateactually were breathing a sigh of relief a monthafter the discovery.

“There was a lot of anxiety when the news firstbroke, especially when we saw the markets godown like they did,” adds Lintz, a cattle rancherfrom Hermosa. “People got a lot more comfortableonce they saw how this was playing out and theysaw the markets bouncing back.”

Still, the recent discovery shows how cases ofanimal disease can harm the livestock industry andstates that rely on it. Market prices fell by as muchas 20 percent after the discovery, and hundreds ofmeatpacking workers in Kansas and Nebraska weresoon laid off. In January, Global Insight Inc.predicted a 10 percent decline in overall farmincome this year in comparison to 2003 numbers.Producers, meanwhile, were still anxiously waitingas of late last month for key export markets toreopen their borders to U.S. beef.

The first U.S. occurrence of mad cow disease, orbovine spongiform encephalopathy (BSE),occurred seven months after Canada’s first-evercase. In both countries, the incidences did little tocurtail domestic consumers’ confidence in the beefsupply. Red-meat consumption actually increasedin Canada, and a recent study by the Food PolicyInstitute at Rutgers University found that mostU.S. consumers have as much confidence in thebeef supply now as they did before Dec. 23.

What has been far less controllable is thereaction overseas. Thus far, the most significanteconomic consequence of the mad cow discov-ery has been the closure of export markets. Onereport estimated that Canada’s cattle industryhad lost $3.3 billion as the result of the BSEcase. Effects on the U.S. livestock industry willlikely be less devastating because it is not asdependent on foreign customers. Canadaexports 60 percent of the beef it produces, whilethe United States sends only 10 percent of itsbeef to other countries. Still, this country’slarger livestock industry has more to lose, andmany Midwestern states are economicallydependent on its well-being.

“Long term, it’s going to be a real problem ifmarkets like Japan and South Korea remainclosed,” North Dakota Agriculture CommissionerRoger Johnson says. “The case just happened tooccur at a point where we could accommodatesomewhat of a slowdown.”

Recovering from mad cow case, states consider new protectionsStates, feds take actionThe BSE discovery in a Washington cow hasheightened awareness of both ongoing andproposed plans to prevent future cases andmaintain consumer confidence in the foodsupply. The U.S. Department of Agriculturetook several immediate steps, including a ban on“downer animals” from the human food chainand a requirement that meat from cattle beingexamined for BSE be held until test results arereceived and are negative. The federal agencyalso is working to establish a national identifica-tion system that will allow a speedy trace backof individual animals.

States, meanwhile, are considering enacting theirown programs. In Kansas, a bill has been intro-duced to create a state animal identification andpremise registration program. The measure wouldrequire farms, ranches and feedlots to be registeredwith the state. In addition, identification tagswould be placed on every animal.

A premise registration program also has beenproposed in Wisconsin this year.

“We cannot develop a national system to trackanimals unless we first know where animals arekept,” Wisconsin Agriculture, Trade andConsumer Protection Secretary Rod Nilsestuensays. Wisconsin Rep. Barbara Gronemus, aDemocrat from Whitehall, adds that premise

February 20046Stateline

A note from your MLC chair …A note from your MLC chair …A note from your MLC chair …A note from your MLC chair …A note from your MLC chair …Dear fellow Midwestern legislators:The 2004 Host Committee of the Midwestern Legislative Conference is pleased to invite you to DesMoines this July 11-14 for the 59th MLC Annual Meeting. As your hosts from Iowa, we will do all we

can to make sure your visit is one that keeps you coming back. Here are some of thetop-notch speakers you will hear:

• Richard Florida — • Richard Florida — • Richard Florida — • Richard Florida — • Richard Florida — An expert on the growing role of creativity in today’seconomy, Florida is the author of the best-selling book “The Rise of the CreativeClass: And How It’s Transforming Work, Leisure, Community and EverydayLife,” which won the 2002 Political Book Award by The Washington Monthly.• Charles Cook & Stuart Rothenberg — • Charles Cook & Stuart Rothenberg — • Charles Cook & Stuart Rothenberg — • Charles Cook & Stuart Rothenberg — • Charles Cook & Stuart Rothenberg — This pair are renowned for their

witty, insightful – but always courteous – commentary on political events and personalities. Their lookinto the 2004 elections is sure to entertain you.• David Halberstam — • David Halberstam — • David Halberstam — • David Halberstam — • David Halberstam — One of the nation’s most distinguished social and political commentators,Halberstam has written on a range of issues, from the 1950s to U.S. foreign policy to baseball. His last 14books have all been best-sellers.

Unwind with your colleagues during the opening night reception at the State Historical BuildingState Historical BuildingState Historical BuildingState Historical BuildingState Historical Building.You’ll also have the opportunity to view exhibits on a variety of themes, from the Civil War to Pueblopottery to “A Few of Our Favorite Things” - an exhibit featuring items that made a difference in ourlives during the 20th Century, from jazz and Jello to antibiotics and airplanes. On Monday night we’ll goto the Living History FarmsLiving History FarmsLiving History FarmsLiving History FarmsLiving History Farms and see farm communities from Iowa’s past. This fabulous 600-acreoutdoor museum includes a baseball exhibit that allows participants to play and learn about baseball inthe early 1900s.

We look forward to seeing you and your family in July!

Representative Libby JacobsMidwestern Legislative Conference Chair

P.S. — Watch your mailboxes for information coming soon!

(Continued from page 1)

She was not the only Midwestern governor topropose a tax increase. Iowa Gov. Tom Vilsackwants to hike the state’s cigarette tax by 60 centsper pack and also believes the sales tax base shouldbe expanded. In part, the additional revenueshould be used to spend an additional $131million on the state’s schools and to expand earlychildhood education programs, the Democraticgovernor told lawmakers.

“If we are to leave no child behind, we must beginby making sure no childstarts behind,” Vilsack said.

Neighboring Wisconsinhas long been recognizedas a national leader in earlychildhood education.Home of the nation’s firstpublic kindergarten class,the state is now seeingseveral communities beginto offer kindergarten for 4-year-olds. WisconsinDemocratic Gov. Jim Doyle wants to increase thenumber of these programs, calling on lawmakersin his January address to boost state aid forcommunity groups seeking to provide kindergar-ten to 4-year-olds.

Michigan Democratic Gov. Jennifer Granholmannounced in her address that the state is tough-ening standards for day care centers to ensure thatthey are “places of active early learning.” Inaddition, for the first time this year, every familywith a newborn child will receive a so-calledR.E.A.D.Y. Kit, which includes books and videosthat instruct parents on the importance of early-childhood learning.

Under a public-private partnership proposed byIllinois Democratic Gov. Rod Blagojevich, everychild from birth to age 5 would be sent 12 free,age-appropriate books a year. Parents wouldreceive the first book in maternity wards athospitals. The Imagination Libraries programwould eventually cost the state $26 million a year.The governor also wants to send an additional25,000 at-risk children to preschool by increasingthe state’s financial commitment to the EarlyChildhood Block Grant program.

Advocates of enhancing early-childhood educa-tion initiatives often cite a longtime program inIllinois. In 2001, a longitudinal study of theChicago Child-Parent Centers found that thesecommunity initiatives had a positive impact onparticipants’ long-term academic success. Thecenters, which opened in 1967 in four of the city’spoorest neighborhoods, provide a “highly struc-tured, instruction-oriented educational program,”focusing in particular on language and reading skills.Parents take an active role in the programs as well.

The longitudinal study found that by age 20, thecenters’ graduates had a 29 percent higher rate of

Governors push for more job training programs, tax incentivesschool completion than a comparison group ofnonparticipating children. In addition, graduateshad a 33 percent lower rate of juvenile arrest and40 percent lower rates of special education place-ment and grade retention.

Along with proposals to expand early-learningopportunities, a few of the region’s governors alsoproposed measures that aim to better protectyoung children. For example, Nebraska Gov. MikeJohanns made improving child protection servicesone of his top five legislative priorities for 2004.

His state has experienced adisturbing increase insuspected or confirmedchild abuse deaths, leadingto concerns about the state’schild welfare system.

Johanns has proposedincreasing the number ofcaseworkers, enhancinginteragency collaborationand communication, andauthorizing the attorney

general’s office to prosecute neglect and abuse casesin jurisdictions that lack a separate juvenile court.

Job search continuesThis year’s round of gubernatorial addresses onceagain reflected Midwestern states’ concerns about,and interest in, economic development and jobcreation. Gov. Taft’s entire speech was devoted tohis Jobs Bill.

Along with appointing a special Jobs Cabinet,Taft is seeking additional support for the ThirdFrontier Project, which invests public dollars inventures that boost the state’s knowledge-basedeconomy. Ohio voters rejected in October a planto develop a $500 million bond program for theproject. In response, Taft believes the stateshould redirect additional dollars from the state’stobacco and capital budgets to Third Frontier.

The governor also wants to extend existingenterprise zones, expand Ohio’s job creation taxcredit, and double the state’s commitment tojob-training programs that match companytraining initiatives. Finally, Taft believes thestate should change existing workers’ compensa-tion laws and enact tort reform legislation.

“Frivolous lawsuits are driving up the cost ofdoing business in Ohio,” said Taft, pushing for ameasure that would place limits on punitivedamages.

Citing strong revenue projections along withsolid job and wage growth, North DakotaRepublican Gov. John Hoeven said his stateneeds to build on that momentum with a seriesof state investments and tax incentives thatbuild a technology corridor in the eastern part ofthe state and an energy-based economic sector inwestern North Dakota. Growth in these indus-tries, along with value-added agriculture and

7Stateline

advanced manufacturing, would be the goal ofthe state’s $50 million Centers for ExcellenceFund. The centers, which are located on thestate’s various university campuses, aim topromote entrepreneurship, invest in researchand development, and link students to high-paying jobs.

Hoeven also is advancing a proposal tostrengthen accountability in publicly fundedeconomic development programs. His measurewould require all such programs to submit anannual report detailing the kind of assistanceprovided to a business, the number of jobscreated and the average wages of those jobs.

In South Dakota, Republican Gov. MikeRounds implored lawmakers to take the actionsnecessary to turn the state’s historic HomestakeMine into a premier underground researchlaboratory. He and other leaders have beenworking with federal lawmakers and the Na-tional Science Foundation to ensure that thenew physics facility is located in South Dakota’sBlack Hills.

“This is a once-and-a-lifetime opportunity,”Rounds said. “If our children are to have thekinds of jobs and opportunities that we wantthem to, this type of facility is one of the finest... advantages that we can give them as a gift.”

Other economic development proposals in thisyear’s state of the state addresses included:

• A request by Vilsack to guarantee funding forthe Grow Iowa Values Fund for seven years andto extend funding by $150 million for theVision Iowa and Community Attraction andTourism (CAT) programs. The Values Fundfocuses on creating new jobs in the life sciences,advanced manufacturing and informationsolutions, while Vision Iowa and CAT helpcommunities build cultural and tourist attractions.

• Granholm’s Third Share Partnership, which isdesigned to help small businesses offer healthinsurance to workers. It would evenly divide thecost of the health care premium between theemployee, the employer and the state. Thestate’s share would come in the form of a taxcredit for the business.

• Kernan’s Indiana@Work program, whichoffers employers additional resources to trainworkers in job-specific areas and providesemployees a greater opportunity to assess andimprove their career-related skills.

• Sebelius’ Economic Revitalization Plan, whichwould allow start-up companies to sell their taxcredits to established Kansas businesses, create anew tax credit for rural businesses and concentrateon expanding the state’s bioscience industry.

Minnesota Republican Gov. Tim Pawlenty’s state of thestate address was delivered after this publication’s deadlineand could not be included in this article.

Michigan Gov. Jennifer Granholm greets lawmakers prior to herJan. 27 state of the state address. (Michigan governor’s office)

February 20048Stateline

The premier (or the prime minister at thefederal level in Canada) serves as a member ofthe legislature and as party leader. He or she,along with the cabinet ministers, must respondto oral questions from the opposition on thefloor of the assembly. Curling now has thedifficult job of serving as the impartial “referee”during the question period, which is oftenmarked by rather boisterous debates.

“I don’t get emotionally involved in an issue as itis stated on the floor,” he says. “What I need todo is make sure the person who asked thequestion is respected and heard and that theperson answering gets the same respect.”

“As soon as the line is crossed, when disrespectfor the parliament is shown, it is at that timethat I get up [and halt debate],” he adds. “Thisplace is bigger than all of us, and if we forgetthat, there is no use in being here.”

In order to maintain their neutrality, speakerscannot attend regular meetings of their caucus.Curling says he will not miss some of theideological debates that he once engaged in, butwill miss the opportunity to bounce ideas offhis colleagues. It’s like a club, he adds, to whichhe no longer belongs.

Curling’s constituents also have asked whethertheir longtime representative will be able toserve them in the same way to which they areaccustomed.

“I can strongly advocate for you,” he tells them,“but not on behalf of a partisan view.”

With the new job, Curling has another impor-tant advocate to always consider — the legisla-tive institution itself.

“There is a tremendous amount of respect forthe job of the speaker, and the support system— the staff — is extremely dedicated to theposition and its tradition,” he says. “It makesmy job much easier, and the fact that peopleoutside strongly believe in the system is veryencouraging.”

In turn, Curling is intent on “bringing backsome of the tradition and the decorum thesystem has been known for” in Ontario.

“I hope that parliament will be the role modelfor good government, good democracy and goodcitizenship,” he concludes.

Speaker Alvin Curling:Longtime Ontario lawmaker adjusts to very different leadership role

by Ilene K. Grossman

Alvin Curling already was used to accomplish-ing political firsts when the Ontario LegislativeAssembly chose him as its new speaker late lastyear, but his recent election did add some morenoteworthy accomplishments to the list.

Along with becoming the first member of theLiberal Party to be speaker since 1990, theJamaica native also is the first black in Ontariohistory to serve in the position. Curling’s rise tothe speakership comes nearly 20 years after firstbeing elected to the Legislative Assembly, in adistrict that never before had elected a memberof his party to the provincial Legislature.

Curling says he “shocked himself and shockedeveryone” by winning in 1985. He has proudlybeen serving his constituents ever since.

“I thought it was exciting then, and it is excit-ing now,” Curling says about his work as provin-cial lawmaker.

For all of his accomplishments, Curling origi-nally did not intend on making politics a career.He previously worked as an administrator at alocal community college, but after a trip toAfrica, he decided to try and serve a widercommunity than the 15,000 students at thecollege.

In 1984, Curling ran for federal office, narrowlymissing out (by five votes) on his party’s nomi-nation. One year later, he sought the seat in theLegislative Assembly that he has held ever since.

From minister to speakerThe new role as speaker will significantlychange Curling’s work in the assembly. His firstfew years were spent in the Ontario cabinet —making him the first black ever to serve in thatrole — as the province’s minister of housing.During his tenure, Curling helped secure muchof the funding used to build government-subsidized and cooperative housing.

These projects proved to be particularly helpfulfor constituents in his legislative district (alsoknown as a “riding” in the province), whereimmigrants who had previously settled inOntario were notalways able to findhousing for familymembers who hadrecently arrived inCanada.

As housing minister,Curling also ad-dressed environmental and health concerns afterit was discovered that the government hadpreviously built an affordable housing projecton radioactive soil. Curling still counts his work

for constituents on that issue as one of hisproudest moments, upholding the promise hemade early on to inhabitants: “to make sure thatwe took that soil out, make sure that we com-pensate the people who bought the governmenthousing and make sure that we move themsomewhere else.”

Curling’s riding has become more and moreethnically diverse over the past few decades.Located in the greater Toronto metropolitanarea, and called Scarborough-Rouge River, it hasthe highest concentration of Chinese Canadiansin the country along with a significant blackpopulation (from Africa and the West Indies).

Because he represents such a diverse constitu-ency, Curling says it has been important for himas a lawmaker to make sure core services such ashousing, education and health care are deliveredto people in their language and in a culturallyappropriate manner.

Another continuing policy priority of Curling’shas been literacy, which he believes is one of“the greatest tools to resolve some of thegreatest problems we have.” Prior to his elec-tion to the Legislative Assembly, Curling servedas president of World Literacy of Canada. Healso has been Ontario’s minister of skillsdevelopment, with special responsibility forliteracy.

After his early years in the cabinet, Curlingspent much of the rest of his career as a memberof the opposition party. That changed with theprovincial elections of October 2003, whenLiberals doubled their number of seats in the103-member assembly from 36 to 72.

The Progressive Conservative Party, which heldthe majority since 1995, now holds 24 seats inthe current parliament. The New DemocraticParty holds the remaining seats.

Change of paceCurling’s role as speaker is quite different thanthe one expected of his counterparts in mostU.S. legislatures. While Canadian speakerssimilarly preside over the legislative chamber

and represent theirassemblies both athome and abroad,they are expected tobe neutral rather thanpartisan in runningthe debate andoverseeing the workdone by lawmakers.

The country’s system of parliamentarydemocracy is based on the British model,where the party with the majority of seatsforms the government.

ProfileProfile

Speaker Alvin Curling

“When disrespectfor the parliamentis shown, it is atthat time that Iget up [and halt

debate]. This placeis bigger than all

of us, and ifwe forget that,

there is no use inbeing here.”

“I don’t get emotionally involved in an issue asit is stated on the floor. What I need to do is

make sure the person who asked the question isrespected and heard and that the person

answering gets the same respect.”Speaker Alvin Curling

Ontario Legislative Assembly

9Stateline

and from school. This could include suchprojects as sidewalks around the school groundsor improved gymnasium facilities.

Exercising a student’s mindGood health also boosts students’ abilities tolearn. Numerous studies have shown that

enhanced nutrition andphysical activity can leadto improvements in testscores, problem-solvingand school attendance.These are just a few of thepositive outcomes we canexpect if a few simplesteps are taken in ourpublic schools.

As a state legislatorresponsible for developinga key health policy agendafor Indiana, I have arguedfor many months thatthere is a need for greaterinvolvement by our schoolsin this area. And now,

more and more educators and administrators arebeing made aware that this is a significanthealth policy issue.

Throughout the Midwest, public pressurecontinues to mount upon state legislatures toenact policies that will improve the quality oflife for all citizens. One of the best ways we canachieve this goal is through some of the actionsI have just outlined.

As legislators, we continue striving to improvethe academic achievements of our studentsand the schools they attend. It’s time tobroaden our scope of achievement to includequality-of-life training that will combatchildhood overweight and obesity as part ofour goal to promote healthier lifestyle choicesfor citizens of all ages.

Rep. Charlie Brown, a Democrat from Gary, serves aschair of the Indiana House Standing Committee onPublic Health, the Indiana Commission on Excellence inHealth Care and the Indiana Health FinanceCommission. He was first elected to the Indiana House in1982.

by Indiana Rep. Charlie Brown

As chairman of three major health policy-related committees and commissions in stategovernment, I am increasingly alarmed at a setof statistics that show millions of young peopleheaded toward dangerous and unhealthylifestyles.

Childhood overweight and obesity meanssomething much more sinister than chubby

cheeks. Overweight andobesity is defined ashaving an excess of bodyfat for a given age, sizeand weight. Childhoodoverweight and obesity isa serious problem inIndiana, and I am pursu-ing several possible

solutions, many of which involve our schools.

Alarming health trendsSeveral alarming trends are evident. Children arebecoming heavy at a younger age. The averageoverweight child is heavier than he was just adecade ago. In the last 20 years, the number ofoverweight children has doubled. And thenumber of overweight adolescents has tripled inthe past 30 years.

In Indiana, a recent survey showed that morethan one-third of students in grades four, eightand 11 were overweight. Fewer than three in 10students in grade 11 reported having a physicaleducation class. I am confident that equallydisturbing statistics apply to not only mostMidwestern states, but those across the countryas well.

Overweight children are more likely thannormal-weight children to exhibit risk factorsfor heart disease. These risk factors include highblood pressure and high cholesterol. Studiesshow that 60 percent of overweight 5- to 10-year-olds have atleast one risk factorfor cardiovasculardisease, and 25percent of thesechildren have twoor more riskfactors. Along withheart disease,diabetes is also anall-too-frequentoutcome.

The issue ofoverweight andobesity is a par-ticularly seriousmatter for children. When these healthconditions set in at a younger age, the perma-nent damage to the human body can seriously

Fight against childhood obesity must involve local schools

This page is designed to be a forum for

legislators and constitutional officers. We

accept submissions on a wide range of

public policy issues or state initiatives.

The opinions expressed on this page do

not reflect those of The Council of State

Governments or the Midwestern

Legislative Conference. Responses to

any FirstPerson article are welcome, as

are pieces written on other topics. For

more information, contact Tim Anderson

at 630/810-0210 or tanderson@csg.org.

Submissions welcomeFirstPersonA forum for legislators and constitutional officers

diminish one’s quality of life as an adult.

Experts point out that there are two basicelements of the overweight and obesity equa-tion: “calories in” vs. “calories out.” This simpleequation identifies intervention in twospecific areas of behavior: 1) wiser and morenutritional food choices; and 2) increasedphysical activity.

Where can we most effectively instill in ourchildren the knowledge and good habits thatcan lead to longer, healthier and happier lives?

When we come right down to it, schools are inan excellent position to provide effective educa-tion about the dangers associated with child-hood overweight and obesity and how tocombat it. Several policy decisions could makean immediate and positivedifference in the health-related decision-making ofchildren:

• Limit the sale andconsumption of snackfoods and soft drinksthroughout the day, butparticularly during lunch-time;

• Enhance the nutritionalcontent of foods served atschools during breakfastand lunch periods;

• Add more nutritioneducation and training forstudents and teachersalike;

• Increase the amount of physical education andphysical activity required in a school’s manda-

tory curriculum;

• Ensure that thetime spent bystudents in physicaleducation classes ishigh-quality timethat actuallyimproves cardiovas-cular health;

• Encourage thepromotion ofrecess as a time forimproving physicalfitness rather thantreating it as a

time for competitive games; and

• Invest in capital improvements that willencourage physical activity, such as walking to

Rep. Charlie Brown

Prevalence of overweight childrenand adolescents*

* Overweight is defined as body mass index at or abovethe sex- and age-specific 95th percentile cutoff points fromthe growth charts developed by the Centers for DiseaseControl and Prevention.

Source: National Center for Health Statistics

1999-2000

6%

8%

4%

2%

0%

10%

12%

14%

16%

1971-74 1976-80 1988-94

Year

Perc

ent

over

wei

ght

Ages 6-11

Ages 12-19

• About 64.5 percent of U.S. adults, age 20 and

older, are overweight and 30.5 percent are obese.

Nine million are severely obese.

• Obesity increases the risk of illness from about 30

serious medical conditions.

• Obesity is associated with increases in deaths from

all causes.

• The prevalence of overweight is higher for men (67

percent) than women (62 percent). The prevalence

of obesity is higher for women (34 percent) than men

(27.7 percent). Severe obesity rates also are higher

for women (6.3 percent) than men (3.1 percent).Source: American Obesity Association

Obesity stats and consequences

February 200410Stateline

News & EventsNews & Events

The Council of State Governments was founded in 1933 as a national, nonpartisan organization to assist and advance state government. The headquarters office, inLexington, Kentucky, is responsible for a variety of national programs and services, including research, reference publications, innovations transfer, suggested statelegislation and interstate consulting services. The Midwestern Office supports several groups of state officials, including the Midwestern Governors’ Conference and theMidwestern Legislative Conference, an association of all legislators in 11 states: Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Nebraska, North Dakota, Ohio, SouthDakota and Wisconsin. The 13-state MGC includes the governors of Kentucky and Missouri. The Canadian provinces of Ontario and Saskatchewan are MLC affiliate members.

The deadline for Midwestern legislators toapply for a fellowship to attend the 2004Bowhay Institute for Legislative LeadershipDevelopment is April 5.

Each year, 35 legislators in the Midwesternstates and two Canadian provinces are awardedfellowships to take part in the BILLD program,an intensive five-day learning event conductedby the Midwestern Legislative Conference ofThe Council of State Governments in coopera-tion with The Robert M. La Follette School ofPublic Affairs at the University of Wisconsin.

The BILLD program, which will be held July 30-Aug. 3 in Madison, Wis., is designed to helpnewer legislators develop the skills they need to beeffective leaders and policymakers. Faculty fromthe La Follette School and outside experts conductseminars and workshops on a variety of topics toenhance leadership skills and knowledge of key

CSG spring meeting in St. PaulThe Council of State Governments’ nationalcommittees and task forces will develop theirwork plan priorities for the next two yearsduring a series of meetings April 15-18 in St.Paul, Minn.

The four-day event also will provide lawmakerswith the chance to examine critical state govern-ment issues with their colleagues and nationallyrecognized policy experts. CSG currently hasnational committees and task forces focusing onthe following: agriculture and rural policy, educa-tion, the environment, fiscal issues, health, infra-structure and public safety.

Those interested in attending the meeting canregister online at www.csg.org/CSG/Meetings/spring+meeting/default.htm. For more informationon the CSG National Committee and Task ForceMeetings, call Wanda Hines at 859/244-8103.

Visits to state capitols continueStaff members from the Midwestern Office ofThe Council of State Governments are travelingto three state capitols this month as part of theorganization’s annual visits with state leaders.The trips are made to introduce legislators tothe services provided by CSG Midwest and toupdate them on ongoing initiatives of the non-profit, nonpartisan organization. This month,visits either have been or will be made to DesMoines, Iowa (Feb. 10 and 11); Lansing, Mich.(Feb. 17-19); and St. Paul, Minn. (Feb. 18 and19). Trips will be made next month to Topeka,Kan., (March 2-3), Madison, Wis. (March 8-10) and Columbus, Ohio (March 9-11).

To set up an appointment, please call 630/810-0210. CSG staff members already have met thisyear with lawmakers in Nebraska, Indiana andSouth Dakota. Dates for the trip to Illinois havenot yet been set.

MGC meets in WashingtonThe Midwestern Governors’ Conference ismeeting this month in Washington, D.C., toconsider the draft policy recommendations ofthree MGC working groups asked to find ways ofdeveloping the region’s knowledge-based economy.The MGC’s work has focused on three key areas:enhancing education and workforce skills; target-ing knowledge-intensive industries; and increasingresearch and commercialization capacity.

For more information, contact Ilene Grossman at630/810-0210 or igrossman@csg.org.

CSG National Committee and Task Force MeetingsApril 15-18, 2004 (St. Paul, Minnesota)

59th Annual Meeting of the Midwestern Legislative ConferenceJuly 11-14, 2004 (Des Moines, Iowa)

10th Annual Bowhay Institute for Legislative Leadership DevelopmentJuly 30-August 3, 2004 (Madison, Wisconsin)

The CSG Annual State Trends and Leadership ForumSeptember 25-29, 2004 (Anchorage, Alaska)

Upcoming Midwestern Legislative Conferenceand

Council of State Governments events

Calendar

Michigan Rep. Dan Acciavatti, Saskatchewan Speaker Myron Kowalsky andOhio Rep. Stephen Buehrer take part in last month’s meeting of the MidwesternLegislative Conference’s Midwest-Canada Relations Committee.

Applications for leadership development program due by April 5

MLC committee supports new system that tracks animals crossing U.S.-Canada border

The Midwestern Legislative Conference’s Mid-west-Canada Relations Committee approved aresolution last month supporting the implementa-tion of an identification system that allows thetracking of animals across the U.S.-Canadacommon border.

The measure waspassed during a two-day meeting inChicago where variousissues affectingrelations between thetwo countries alongwith their states andprovinces were dis-cussed. Cross-border trade and animal health havebeen priorities of the MLC committee since its

inception, but the issues’ importance has beenheightened even further since the discovery of madcow disease on both sides of the border. Subcom-mittees also met in Chicago to discuss state-provincial cooperative efforts related to trade

corridors, the poten-tial diversion andremoval of waterfrom boundarywaters, and electricitytransmission andenergy trade.

For information onthe resolution or thecommittee, contact

Ilene Grossman at 630/810-0210 origrossman@csg.org.

public policies. Leadership training is provided ontopics such as strategic thinking, coalition buildingand conflict resolution. Fellows also participate inprofessional development seminars on topics suchas communicating with the media and prioritymanagement. The annual fellowships are awardedon a competitive, nonpartisan basis by the BILLDSteering Committee, a bipartisan group of legisla-tors from each state in the region.

Applicants are evaluated based on their leadershippotential, including problem-solving skills, theirdedication to public service and their commitmentto improving the legislative process. Each fellow-ship covers the cost of tuition, lodging and meals.A nominal travel stipend is also offered to eachparticipant. The BILLD application is available atwww.csgmidwest.org/MLC/BILLD/Appinfo.htm.For more information, contact Laura A. Tomaka at630/810-0210 or ltomaka@csg.org.

11Stateline

A s u m m a r y o f n e w s , l e g i s l a t i v e u p d a t e s a n d i n f o r m a t i o n a v a i l a b l e o n t h e t o p i c s a d d r e s s e d b y t h e M i d w e s t e r n L e g i s l a t i v eC o n f e r e n c e ’s p o l i c y c o m m i t t e e s , w h i c h a r e s t a f f e d b y t h e M i d w e s t e r n O f f i c e o f T h e C o u n c i l o f S t a t e G o v e r n m e n t s .

MLC Issue BriefsMLC Issue BriefsM i d w e s t e r n l a w m a k e r s f r o m a l l 1 1 s t a t e s a n d t h e p r o v i n c e s o f O n t a r i o a n d S a s k a t c h e w a n a r e a p p o i n t e d t o s e r v e o n t h e s e w o r k i n gg r o u p s , a s w e l l a s o n t h e M L C A n n u a l M e e t i n g , B I L L D S t e e r i n g a n d M i d w e s t e r n R a d i o a c t i v e M a t e r i a l s Tr a n s p o r t a t i o n c o m m i t t e e s .

Nationwide, the manufacturing sector has lostnearly 3 million jobs over the past five years. Forthe Midwestern region, which historically hashad a high concentration of manufacturingindustries, the loss of employment in this sectorhas become a concern for many of its states —so much so that two of the region’s FederalReserve banks have turned their attention toexamining the issue.

Research from the Federal Reserve banks ofChicago and Minneapolis finds that recentweaknesses in the manufacturing sector haveresulted in the erosion of jobs. Employmentlosses, however, have occurred while there hasbeen a growth in productivity and output.Federal Reserve analysts discuss the causes ofthis low-employment, high-productivity trendand conclude that while the manufacturingsector is faring worse than others in theeconomy, there are signs of strength whenlooking at indicators other than job figures. Forinformation on manufacturing in the Midwest,visit the regional Federal Reserve banks atwww.minneapolisfed.org and www.chicagofed.org.

This year’s “Quality Counts” report by Educa-tion Week provides an in-depth look at specialeducation testing in addition to the magazine’syearly assessment of states on a variety ofschool-related issues. Federal law mandates thatall students, including those with disabilities,make “adequate yearly progress” on state tests,and “Quality Counts 2004: Count Me In”examines the many complex issues that statepolicymakers must face when trying to complywith this regulation.

Students in special education are a verydiverse group: 67 percent have specific dis-abilities or speech or language impairments,while less than 12 percent have disabilitiesassociated with significant cognitive impair-ments. While the most contentious issue is howto test and report results on these students,other concerns also arise — ranging from themisidentification of children for specialeducation to the competency of teachers. Thereport, which is available at www.edweek.org,provides more than 20 tables of state-by-stateinformation on the subject.Staff: Laura Kliewer (lkliewer@csg.org)

EDUCATION

Staff: Laura A. Tomaka (ltomaka@csg.org)

ECONOMIC DEVELOPMENT,TECHNOLOGY & LABOR

Staff: Tim Anderson (tanderson@csg.org)

Reflecting regional concerns about the potentialfor and environmental impact of water with-drawals, a Canadian province and a Midwesternstate recently announced separate water-protec-tion initiatives. The Ontario government hasinstituted a one-year moratorium on the issu-ance of any permits that extract water forcommercial purposes. In addition, in the future,water-bottling companies and other permitholders will have to pay a royalty fee for thewater they withdraw.

Earlier this month, Gov. Jennifer Granholmunveiled her Michigan Water Legacy Act.According to The Ann Arbor News, the actwould, for the first time, allow state governmentto regulate large amounts of water taken fromlakes, streams or underground wells. It alsowould regulate the discharge of ships’ ballastwater, develop statewide standards for homeseptic systems, ban the dumping of contami-nated dredge sediments in open water and offeradditional protections for “critical wetlands.”More information on the proposal is available atwww.michigan.gov/documents/water_82677_7.pdf.

Staff: Jacqueline M. Kocinski (kocinski@csg.org)ENVIRONMENT, NATURAL

RESOURCES & ENERGY

Staff: Tim Anderson (tanderson@csg.org)

Between 1997 and early 2003, the percentage oflow-income children without health insurancedropped by one-third (22.6 percent to 14.3percent) thanks to growth in the StateChildren’s Health Insurance Program andMedicaid, a January report from the Center onBudget and Policy Priorities reveals. Less-stringent eligibility standards along with effortsto streamline and simplify procedures havehelped deliver insurance to low-income families.

Researchers caution that recent gains are now injeopardy due to state fiscal woes, which have ledto both proposed and actual cuts to the twopublicly funded health insurance programs. ADecember 2003 study concluded that in fiscalyears 2003 and 2004, 34 states cut enrollmentin their health insurance programs. The onlystates in the Midwest to avoid such reductionswere Illinois, Michigan, Ohio and South Da-kota. Nationwide, up to 1.6 million low-incomepeople — about one-third of whom are children— have lost insurance as a result, the studyfinds. More information on both reports isavailable at www.cbpp.org.

Staff: Ilene K. Grossman (igrossman@csg.org)

Officials at the Michigan–Ontario border havebeen adjusting to new provisions of theBioterrorism Act that could add to delays at theAmbassador Bridge, which connects Windsor,Ontario, and Detroit. With the changes, whichbecame effective Dec. 12, the U.S. Food andDrug Administration must receive prior notifi-cation when shipments of human or animalfood, drinks and dietary supplements areimported into the country. While many largecompanies were already aware of the new law,smaller companies were less likely to be readyto comply.

On Dec. 1, the FDA, together with the U.S.Bureau of Customs and Border Protection, issueda compliance policy guide for dealing with thereporting requirements. The agencies also decidedto allow for a nine-month transitional periodbefore requiring full compliance. During this timeperiod, shippers will be educated about the newlaw; they, in turn, will be expected to make a“good-faith” effort at compliance. Until Aug. 12,penalties will be assessed only against shippers whorepeatedly or flagrantly violate the law.

MIDWEST-CANADA RELATIONSHEALTH & HUMAN SERVICES

For the latest on key policy issuesimpacting the Midwestern states, turnto Firstline Midwest. You’ll find the

following past issues of our policybriefs on the CSG Midwest Web site:

WWW.CSGMIDWEST.ORG.2004

JANUARY: Gambling Expansion Plans

2003DECEMBER: Chronic DiseasePrevention and Management

NOVEMBER: The Current Fiscal Crisisin Perspective (Part III of series)

OCTOBER: State Attempts to BoostRevenues (Part II of series)

SEPTEMBER: State Efforts to CutSpending (Part I of series)

JULY/AUGUST: Expanding Access toHealth Care

JUNE: Improving Recycling Programs

MAY: Legislative Budget Processes

APRIL: Tech-led Economic Development

MARCH: State DUI Laws

LOOKING FOR MORE ?

American Indian tribes to own casinos.

Sebelius’ announcement came a month after aspecially formed gaming task force recom-mended gambling expansion in the state.Proponents of expansion say the state is losingrevenue to its neighbors due to a lack of gamingvenues in Kansas. According to The LawrenceJournal World, another proposal would allow slotmachines at the state’s existing pari-mutuelracetracks.

Getting tough on school bullyingCoinciding with the start of a multimilliondollar campaign by the U.S. Department ofHealth and Human Services to raise awarenessabout the deleterious effects of bullying, Iowalawmakers have been asked by Gov. Tom Vilsackto pass a bill requiring the state’s schools todevelop anti-harassment policies.

Vilsack says schools must be held accountablewhen bullying takes place because it adverselyimpacts student safety and achievement. Ac-cording to the Des Moines Register, the measurewould, in part, set up procedures to investigatecomplaints of bullying and to report the inci-dences to the state Board of Education. Alsolast month, Indiana senators approved an anti-bullying policy for their state’s schools.

nents counter that the amendment wouldwrongly constrain state and local policymakersand lead to painful reductions in education,health care and police services. Wisconsinconstitutional amendments must be passed intwo sessions of the Legislature and then ap-proved by voters.

Impaired waterways in OhioEmploying a tougher, more-thorough assessmentof the state’s waterways, the Ohio EnvironmentalProtection Agency has concluded that a majorityof the state’s rivers, streams and lakes are “impaired”as the result of high concentrations of bacteriafrom raw sewage and heavy metals.

According to The Cincinnati Enquirer, only oneriver meets federal clean water standards forswimming, fishing, boating and other recre-ational activities. Residents have been told thatthey should not eat more than one fish permonth out of the Ohio River because it maycontain harmful pollutants. By this summer, theOhio EPA hopes to have a plan in place to cleanup 80 state rivers.

Taking a shot at owning slotsKansas Gov. Kathleen Sebelius is backing a proposalto open the nation’s first state-owned casino. Thestate’s Constitution currently allows only the state or

Reforms cause drop in inmatesCorrections reforms enacted by the NebraskaLegislature last year and an aggressive push bythe Parole Board to release nonviolent offendersare being credited with reducing the state’sinmate population. According to the OmahaWorld Herald, the number of prisoners fell by 2percent during the first seven months of 2003.

Over the past decade, Nebraska has seen a near-constant rise in its inmate population, causingprison costs to rise significantly. Lawmakersresponded by creating a new system of commu-nity-based alternatives and eliminating certainparole restrictions.

Plan ties spending to inflationA group of Wisconsin Republican legislators isseeking a constitutional amendment that wouldlimit state and local government expenditures bybinding yearly budget increases to the nation’saverage rate of inflation and a few other factors, theMilwaukee Journal Sentinel reports. Similar to aninitiative already approved in Colorado, themeasure also would allow for budget increases thatare tied to enrollment growth in schools and newconstruction in local communities.

Proponents of the measure say it would protecttaxpayers from wasteful spending, while oppo-

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