The Thicket at State Legislatures

Individual Development Accounts: The Basics

By Qiana Torres Flores

Almost half of all Americans are not confident that they could get $2,000 within a month to cover an emergency.  This lack of savings can result in financial hardship for families that face sudden crises such as a job loss, illness or injury.

Thirty-five states have laws to create individual development account (IDA) programs to encourage people to save.  IDAs are matched savings accounts that are most often used for long-term investments like buying a home, getting more education or starting a small business.

In this edition of the Buzz at State Legislatures (4:27), Qiana Torres Flores of the National Conference of State Legislatures (NCSL) Working Families Project talks about how IDAs work and how states have creatively used this strategy to help people save.

IDA Podcast

 

Proposals to Change the Allocation of Electoral Votes Are Not New

By Karen Shanton

Starting in December, there seemed to be a burgeoning push for changes to the way states allocate their presidential electoral votes. Forty-eight states (and the District of Columbia) use a winner-take-all system, awarding all of their votes to the winner of the statewide popular vote. The remaining two, Maine and Nebraska, portion out some votes by congressional district. In the past two months, Republican policymakers in seven winner-take-all states–-Michigan, Ohio, Oklahoma, Pennsylvania, Virginia, Washington and Wisconsin--have considered proposals for switching to a district system.

Following high-profile, vocal pushback--from both inside and outside the GOP--this idea ran into roadblocks. Top Republicans in Michigan, Ohio, Virginia and Wisconsin distanced themselves from the proposal and Virginia's version of the bill died in committee. Despite pending legislation in Oklahoma, Pennsylvania and Washington, the momentum behind this movement seems to have stalled.

What's not yet clear is whether this holdup is temporary or permanent.

Though it might be the first time they've received quite so much attention, this is far from the first time electoral vote allocation changes have been proposed. Maine and Nebraska considered, and adopted, the switch from winner-take-all to a district system in 1972 and 1992, respectively.

Changes in electoral vote allocation have also received an airing more recently. Following the controversial 2000 presidential election, a majority of states – 29 in all – considered changing the way they award electoral votes. Nebraska proposed reverting to winner-take-all and a handful of states considered systems that portion out votes by share of the statewide popular vote. The other bills, like the current proposals, advocated a switch to a district system.

(A different kind of Electoral College change – the National Popular Vote (NPV) – started gaining traction in 2006-2007 and has since generated legislation in all 50 states and the District of Columbia. The present discussion doesn't address those proposals. For more on the NPV, see an upcoming post.)

After the post-2000 wave in legislation, enthusiasm for these proposals waned. But it didn't drop off completely. Between 2003 and 2012, a typical biennium saw this type of legislation in 10 to 15 states. This bumped up to 18 states in the biennium immediately following the 2004 presidential election. In total, 35 states have considered these kinds of proposals since 2000.

*This chart does not include data on NPV-related legislation.
†In 2008, Minnesota proposed awarding two of its electoral votes to the winner of the national popular vote.
‡Some states introduced multiple types of legislation in a single biennium so the number of proposals in some years adds up to more than the total number of states with proposals.
Source: National Conference of State Legislatures, 2013

So, despite the attention it's generated, the current level of legislative activity on this issue is actually on the low side. With bills in just four states, the amount of legislation that has been proposed so far this biennium is below the standard set in recent years.

It will be interesting to see if these numbers hold. Many states, including Alabama, Massachusetts, Minnesota, New Jersey, New York and South Carolina, have repeatedly introduced and re-introduced this kind of legislation over the past decade. Will they file those bills again this cycle, bumping the numbers back up to the 10 to 15 range? Or has the high-profile pushback on the current proposals effectively put an end to those efforts?

See also Proposals to Change the Allocation of Electoral Votes, Part 2.

How Many Women Governors 2013? (v4)

By Karl Kurtz

Maggie Hassan

As a result of the decisions of North Carolina Gov. Beverly Perdue and Washington Gov. Christine Gregoire not to run for reelection in 2012, the number of women governors in the United States dropped to five, a low for this century. The only newly-elected female governor is Maggie Hassan in New Hampshire. She is the only Democrat on the list of women governors, which includes Arizona Gov. Jan Brewer, New Mexico Gov. Susana Martinez, Oklahoma Gov. Mary Fallin and South Carolina Gov. Nikki Haley. 

Interestingly, at the same time that the number of women governors has been declining in the United States, the count of Canadian provincial premiers has increased. Of the 12 provincial or territorial first ministers, five are women. The most recently elected is Pauline Marois in Quebec.

Roses from The Thicket to New Hampshire Speaker Terie Norelli and Geoffrey Kelley, member, Quebec National Assembly.

Previous posts on the number of women governors.

Supreme Court Decides MS4 Case Favorably

By Lisa Soronen 

As previously predicted in the Thicket, the Supreme Court’s decision involving MS4s will probably be its easiest of the term.  The Court’s decision is a mere five pages, and was issued a little over a month after oral argument.   

Now, for a brief MS4 refresher:  MS4 is short for municipal separate storm sewer systems.  MS4s are a system of sewers that collect stormwater. 

The controversy in Los Angeles County Flood Control District v. Natural Resources Defense Council was over whether the Los Angeles County Flood Control District (LACFCD) was responsible under the Clean Water Act (CWA) for the polluted water that flowed out of the concrete-lined portions of the rivers because LACFCD controlled the concrete channels, regardless of the fact that thousands of other dischargers discharged into the rivers upstream of the concrete channels.

So why was this case so simple?  Per the CWA, the “discharge of a pollutant” (which creates liability under the Act) means “any addition of any pollutant to navigable waters from any point source.”  In South Florida Water Management District v. Miccosukee Tribe the Supreme Court held that an “addition” of a pollutant only occurs if a pollutant is transferred from one “meaningfully distinct” water body into another.  In that case polluted water was removed from a canal, transported through a pump station, and deposited into a nearby reservoir.  The and Local Legal Center’s (SLLC) amicus brief, which NCSL signed onto, argued that the segments of the rivers above and below the channeled portions of the rivers in this case aren’t “meaningfully distinct,” so no addition of a pollutant has occurred.  The Supreme Court agreed that: “[i]t follows…from Miccosukee that no discharge of pollutants occurs when water, rather than being removed and then returned to a body of water, simply flows from one portion of the water body to another.”

The SLLC argued in its amicus brief that states regulate water quality in MS4s and federal regulation is redundant.  While the Court didn’t rely on this argument in its brief opinion, a win is a win.  The significance of this case is that the Court did not expand the definition of “discharge of pollutants,” a key term in the CWA.     

A Higher Proportion of Former State Legislators in Congress from Term-Limited States

By Karl Kurtz

The proportion of former state legislators serving in the 113th Congress is 49 percent, according to a story in this month's State Legislatures magazine. That number has been consistently within one or two points of 50 percent for decades. Here are the top five 10 and bottom five 10 states in sending former legislators to Congress (House and Senate combined):

Here's the complete list of former members of state legisalatures serving in Congress compiled by Michael Bird and Jeff Hurley in NCSL's Washington office.

Continuing a trend that I first noted in "An Unexpected Benefit of Term Limits" in The Thicket in 2009, state legislatures with term limits send a higher proportion of former members to Congress than do non-term-limited legislatures: an average of 57 percent in the 15 term-limited states compared to 48 percent in all of the others.

Here's what I said (corrected) about the reasons for this differential in 2009:

The reason for this connection between term limits and legislators moving to Congress is not complicated. Legislators in term-limited states who want to continue a political career will constantly watch opportunities to run for other offices and will be more willing to take risks (giving up their term-limited legislative seat) than will legislators in non-term-limited states.

For those of us who think that service in state legislatures is valuable training for Congress, this is an unexpected benefit of state legislative service term limits.

What's the Fastest Growing State? North Dakota

By Karmen Hanson

It may come as a surprise to some that North Dakota is now the fastest growing state, according to the Census Bureau state population estimates. From July 2011 to July 2012, North Dakota grew by 2.1 percent, nearly three times as fast as the United States as a whole.  The state has also ramped up improvements at the Capitol that couldn’t be missed during a recent visit.

As the NCSL liaison for the great state of North Dakota, I have the privilege of traveling to Bismarck to meet with the legislators and staff of the 39th state.  The stereotype is that “nothing ever changes in North Dakota,” but my recent visit produced an interesting list of new developments.

• Recent oil and natural gas development is still booming in the Bakken Formation (also known as the Williston Basin) in northwestern North Dakota.  The boom has transformed this once quiet ranching and farming region into one with truck traffic jams, overstretched local resources and infrastructure.  Legislators understand the impact of the boom and plan to address key concerns during this legislative session.
• North Dakota is currently the only state with a budget surplus.  Much of this surplus is due to oil and gas industry tax revenues, in addition to historical judicious biennial spending and saving habits.  This year’s biennium-budget surplus is estimated to be around $1.6B. Yes, that’s billion with a b.
• During my visit, new legislative leaders were busy moving into offices and making committee assignments. Representatives Kenton Onstad and Corey Mock are the new House minority leader and assistant leader, respectively, while Senators Mac Schneider and Joan Heckaman occupy the same positions in the Senate. Senator Schneider and Representative Mock, both in their early 30s or late 20s, are among some of the younger legislative leaders in the country.  Representative Kylie Oversen, from a district that represents the University of North Dakota, is also one of the youngest women legislators in the country at 23.  The Republican majority leadership positions remain the same—Representatives Al Carlson and Don Vigesaa in the House, and Senators Rich Wardner and Jerry Klein in the Senate. 
• A new wall sign featuring the state seal now greets visitors at the Legislative Council Office.  A handful of offices and work spaces were created and painted, and some staff have new, beautiful, state-made office furniture from Rough Rider Industries—welcome  improvements from the decades-old furniture that had graced some offices.
• One of the new offices is occupied by a new fiscal analyst in the Legislative Council. That’s unusual because the average tenure of Council staff is more than 20 years.  Jason Steckler, formerly information technology manager, heads up a new administrative services division that oversees the IT and other admin-related duties of the Legislative Council. An expanded IT crew is also on hand to set up legislators with new laptops, tablets, and handle audio-visual improvements in committee rooms.
• Flat-screen monitors have been added to most committee rooms to allow hearings and legislative sessions to be broadcast online and archived.  A long-awaited new bill-tracking system is up and running, in addition to a redesigned website.

While I’m sure that there are even more changes to come in the Peace Garden state, I hope that the North Dakota Capitol Cafe continues to serve the best traditional treats in the country, including made from scratch knoephla, scotcheroos and popcorn bars. Some things are just too good to change.

More than Half of State Legislatures Convened this Week

By Angela Andrews

The Idaho House convened on January 7. Photo credit: The Spokesman-Review

As the holiday bows come down and the New Year's Eve streamers are picked up, state legislatures are testing their roll call machines, polishing member's desks and tidying up the rostrum for the start of the 2013 legislative session.

All 50 states and the six territories are meeting in 2013, as opposed to last year, when only 46 states and the six territories met (Montana, Nevada, North Dakota and Texas meet every other year). The bulk of state legislatures – 26 to be exact -- are convening this week. By the end of January, all six territories and 43 legislatures will have convened.

Check out our new session map, which shows when legislatures convene, adjourn or are in a special session. By the end of February, almost all of the map will be green, except for Florida, which convenes March 5, 2013 and Louisiana, which convenes April 8, 2013. Speaking of Louisiana, here's a little tidbit for the legislative junkie. The convening dates of the Louisiana legislature changed in 2012, due to the approval of a constitutional amendment in 2010. Now , in odd-number years the legislature is to convene the second Monday in April, instead of the last Monday in April and in even-numbered years, the legislative is to convene the second Monday in March, instead of the last Monday.

The Most Fickle Legislative Chambers

By Karl Kurtz

Reacting to the news that the Washington Senate has a new majority consisting of a coalition of two Democrats and 23 Republicans (Democrats held a nominal 26-23 majority after the 2012 election), a Washington staffer sent us this question: In my 30 years in the Washington Legislature beginning in 1982, the majority in the Senate has changed eight times. Can any other legislative body, house or senate, match that level of voter indecisiveness?

Good question. During the 1982-2012 period, the Washington Senate was one of the kings of swings in party control, tied at eight with the Indiana and Montana houses and tops among senates. The Montana and Maine senates have each switched seven times. The Michigan and Minnesota houses have switched six times over the last 30 years and the North Carolina House and Alaska and Wisconsin senates five each.

Twenty-five of the 99 chambers have had no switches in party control over the 1982-2012 period.

Look for more on the Washington Senate and other coalitions in The Thicket next week.

"Under the Hammer" in Maine (and Moose, too)

By Karl Kurtz

A visit to the Maine State House on Monday this week to conduct a training program for committee chairs added another item to my collection of legislative localisms--colorful language, like "chubbing" in Texas or "hoghousing" in South Dakota, that is specific to the legislative process in only one state (or at most a few). Similar to the way other states expedite legislation by using consent calendars or approve motions "without objection," Maine legislators say that a bill is "under the hammer." Everyone uses the term and knows what it means. "Maine's Path of Legislation," a publication produced by the clerk of the House and the secretary of the Senate, describes the term as follows:

At any point, a legislator or the presiding officer may call for a vote on the current motion on the bill. When debate on a motion is over, a vote on the motion is in order. The vote may be a voice vote, or a vote "under the hammer," where approval is presumed unless an objection is raised before the presiding officer bangs the gavel.

No one seemed to know how and when the phrase first came into use.

As a postscript, when I visited the Wyoming Legislature last month, I wrote about the taxidermied bison that sits majestically in a hallway of the State Capitol. To which Maine Rep. Sharon Treat responded in a comment, "Bison are nice, but the Maine Capitol sports a moose." Well, two actually, as I can testify after taking a tour of the State House in Augusta and finding a bull and cow moose in one of four dioramas (behind glass) depicting animal life in Maine:

The dioramas were designed by Maine artist Klir Beck, who is described in a delightful 1948 article in the Lewiston Evening Journal as "the Leonardo da Vinci of the 20th century" because of his work in multiple media.

Social Media 2012: A Look Back

By Pam Greenberg

For many of us, the end of the year is a time for reflecting. Here are some social media statistics from the past year that may interest legislative junkies.

Social Media Overall ¹
• 60% of all Americans use social networking sites (such as Facebook, LinkedIn, or Google+ or Twitter)
• 69% of U.S. Internet users use social networking sites (such as Facebook, LinkedIn, or Google+ or Twitter)

Top U.S. Social Networks ²
1. Facebook
2. Blogger
3. Twitter
4. Wordpress
5. LinkedIn
6. Pinterest
7. Google+
8. Tumblr
9. MySpace
10. Wikia

Political Demographics of U.S. Social Media Users ¹
• Republicans: 65% use social networking sites / 12% use Twitter
• Independents: 71% use social networking sites / 18% use Twitter
• Democrats: 71% use social networking sites / 18% use Twitter

Election 2012 Discussion
• Facebook tracked 71.7 million election-related mentions made by users within the U.S., more mentions than the 2012 Super Bowl or the San Francisco Giants’ win in the World Series. ³
• Twitter saw more than 20 million tweets about Election Day in 2012, making the election the most tweeted-about event in U.S. political history (the first tweet was sent in March 2006) ⁴

Election 2012 Online Viewing ⁵
• 46% of registered voters who use the Internet watched previously-recorded videos of candidate speeches.
• 39% watch informational videos online that explain a political issue.
• 36% of registered voters who use the Internet watched political ads.
• 20% of registered voters used social media to let others know that they voted.

Number of Legislative Caucuses or Offices Using Social Media ⁶
Facebook (Caucus): 110
Facebook (Nonpartisan legislature, chamber, or office/agency): 17
Twitter (Caucus):109
Twitter ((Nonpartisan legislature, chamber, or office/agency): 51

Sources:
¹ Social Media and Political Engagement, Pew Internet & American Life Project
² Social Media Report 2012, Nielsen
³ 2012 Election Activity on Facebook, Facebook
⁴ Twitter Government, Twitter
⁵ Online Political Videos and Campaign 2012, Pew Internet & American Life Project
⁶ Legislative Social Media Sites, December 2012, NCSL