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FILLING IN FOR THE FEDS - Congress' inability to get things done leaves states carrying a heavy load. 10
STATE LEGISLATURES MAGAZINE
                         JANUARY/FEBRUARY 2020

FILLING
IN FOR
THE FEDS
Congress’ inability
to get things done
leaves states carrying
a heavy load. 10
FILLING IN FOR THE FEDS - Congress' inability to get things done leaves states carrying a heavy load. 10
FILLING IN FOR THE FEDS - Congress' inability to get things done leaves states carrying a heavy load. 10
DEPARTMENTS
                         STATE LEGISLATURES MAGAZINE
                                                                                                                                   From the Editors | 2
                       January/February 2020                                     Volume 46 | No. 1                                 Trends | 3
                                                                                                                                   College admissions rules, public
                                                                                                                                   banks, bicycle helmet laws,
                                                                                                                                   census worker shortage,
       FEATURES                                                                                                                    Steven D. Gold Award
                                                                                                                                   Innovations | 8
                                                                                                                                   Congress turns to the states—and
                                                                                                                                   NCSL—in effort to modernize
                                                                                                                                   StateStats | 9
                                                                                                                                   As gun-related death rates rise,
                                                                                                                                   lawmakers debate control efforts
                                                                                                                                   On the Same Page | 20
                                                                                                                                   “America in the Same Room”
                                                                                                                                   asks, Are we really as divided as
                                                                                                                                   some say?
                                                                                                                                   Stateline | 22
                                                                                                                                   The brighter side of legislative
                                                                                                                                   news
                                                                                                                                   Toolbox | 32
                                                                                                                                   Yes, introverts can thrive in an
                                                                                                                                   extroverted world
                                                                                                                                   Newsmakers | 34
                                                                                                            10                     What’s happening under the
                                                                                                                                   domes
                                                                                                                                   Yes, No, Maybe So | 36
       10 |      Filling In for the Feds                                                                                           Ethics in the legislature

       Congress’ inability to get things done leaves                                                                               The Final Word | 37
       states carrying a heavy load.                                                                                               Meet Nevada Senate Majority
                                                                                                                                   Leader Nicole Cannizzaro
       18 |      Services Targeted for Taxes
       Lawmakers consider taxing services as                                                                                       SL ONLINE
       consumers spend less on retail goods.                                                                                       You can find more information
                                                                                                                                   on many of the topics covered
       28 |      Debating the Death Penalty                                                                                        in these pages at ncsl.org/
                                                                                                            18                     magazine. And, if you’d like
       Capital punishment divides legislators, but not
       along party lines.                                                                                                          to get in touch, email us at
                                                                                                                                   magazine@ncsl.org.

Executive Director         Online Magazine            Denver                        State Legislatures (ISSN 0147-0641) is published six times a year by the National
Tim Storey                 Ed Smith                   7700 East First Place         Conference of State Legislatures. ©2019, All rights reserved. Reproduction in whole or in
Editor                     Mark Wolf                  Denver, Colorado 80230        part without permission is prohibited. Requests for permission to reprint may be emailed
Julie Lays                 NCSL President             (303) 364-7700                to Julie Lays, julie.lays@ncsl.org. Opinions expressed in this magazine do not necessarily
                           Assembly Speaker           Washington, D.C.              reflect NCSL policy. State Legislatures is indexed in the PAIS Bulletin and Expanded
Senior Editor                                                                       Academic Index.
Kevin Frazzini             Robin Vos, Wisconsin       444 N. Capitol St. N.W.,
                           NCSL Staff Chair           Suite 515                     Annual subscription rates: U.S.—$49; foreign—$55; teachers—$25 (promo code SLMTEA).
Contributing Editor                                   Washington, D.C. 20001
                           Martha Wigton, Director,                                 Single copy: $6.50.
Jane Carroll Andrade                                  (202) 624-5400
                           House Budget and
Art Director                                                                        Postmaster: Send address changes to: State Legislatures magazine, 7700 East First Place,
                           Research Office,
Stephen Miller                                                                      Denver, CO 80230.
                           Georgia

                                                                                                         JANUARY/FEBRUARY 2020 | STATE LEGISLATURES | 1
FILLING IN FOR THE FEDS - Congress' inability to get things done leaves states carrying a heavy load. 10
From the Editors
THE BIG ISSUES OF 2020

Gridlock in Congress May Mean Opportunity for States
   New year, new approach.                       story, Governing magazine writer Alan        bulk of public policy should occur,” says
   We’ve typically used the first issue of the   Greenblatt says the situation is unlikely    Wisconsin Speaker Robin Vos (R), NCSL’s
year to identify the topics we think will be     to change anytime soon. That means           president. So, where is Congress is happy
hot in the coming legislative sessions in        more inertia in Congress and more is-        to let states take the lead? Turn to page 10
capitols across the country. But this year,      sues that you, the nation’s state law-       to find out.
instead of cranking out yet another top          makers, will have to tackle this year with      Then turn to the “Innovations” column
10 list, we asked ourselves, What are the        little to no help from your congressional    on page 20. A bipartisan U.S. House panel
issues states will be forced to deal with be-    counterparts.                                is seeking ways to modernize Congress.
cause Congress has failed to act?                   Gridlock in our nation’s capital, how-    For help, they’ve turned to state legisla-
   For many observers, the term “Con-            ever, opens up opportunities for states to   tures—and NCSL.
gress” has become synonymous with                experiment, and that’s not necessarily a        There might be hope for Congress yet.
gridlock and toxic partisanship, inaction        bad thing. “My preference has been, and
and party before all else. In our cover          always will be, that states are where the    —Julie Lays and Kevin Frazzini

                                                                                               MAY 7-10, 2020
                                                                                                LAS VEGAS
                                                                                              SEPT. 10-13, 2020
                                                                                              PORTLAND, ORE.
                        MAKING
                       THE MAPS                                                                  REGISTER
                        THE NCSL SEMINARS
                         ON REDISTRICTING                                                         TODAY!
                                                                                                WWW.NCSL.ORG/
          When it comes to redistricting, the learning curve                                      REDISTRICT
              is steep. Let us help you and your team
           prepare for this complex, once-a-decade task.

2 | STATE LEGISLATURES | JANUARY/FEBRUARY 2020
FILLING IN FOR THE FEDS - Congress' inability to get things done leaves states carrying a heavy load. 10
Trends

                                                                                                                   Courtesy USC Alumni Association

The University of Southern California was among the schools targeted in the Operation Varsity Blues admissions scandal.

HIGHER EDUCATION

Tighter Rules in Wake of College Admissions Scandal
   The extremely low percentage of appli-      tices. By session’s end, legislators had en-   for an applicant’s criminal or disciplinary
cants who get into elite schools was ex-       acted measures that:                           history, with exceptions for certain crimes,
posed when federal prosecutors indicted           • Require institutions that receive state   including stalking, sexual assault and do-
more than 30 wealthy parents for brib-         financial aid to report any preferential       mestic violence.
ery last year. In the scandal that became      treatment in admissions to the legisla-           Illinois legislators passed a law re-
known as Operation Varsity Blues, the          ture every year. This includes admis-          quiring institutions to admit first-time
parents paid an admission consultant to        sions based on relationships to donors or      applicants who graduate from state high
rig standardized tests or bribe coaches to     alumni.                                        schools with a GPA in the top 10% of the
help their children gain admission to sev-        • Prohibit those found guilty in the        student’s graduating class. Texas lawmak-
eral top American universities.                federal investigation from claiming tax        ers amended the state’s Ten Percent Plan
   Across the country, high school stu-        deductions based on contributions they         to ensure admission for high school vale-
dents submitted more than 10 million           made to charities involved in the scandal.     dictorians, regardless of graduating class
applications to colleges and universities in      • Prohibit admission by exception—          size.
2017, an increase of more than 10% since       a special talent in athletics or the arts—        As more colleges and universities move
2014.                                          without the approval of at least three se-     away from admissions based on test
   As that number continues to grow, and       nior campus administrators.                    scores—and if the fallout from the Varsity
the likelihood of being admitted to an elite      Legislators in 13 states introduced bills   Blues scandal persists—states will con-
school declines, institutions and states       related to admissions and enrollment in        tinue to address admissions policies and
alike are focusing on admission policies.      2019; 17 became law. Not all them were re-     rules to ensure all students have fair ac-
   After news of the scandal broke, Cali-      lated to the admissions scandal, however.      cess to higher education.
fornia lawmakers scrambled to introduce        Colorado lawmakers decided to prohibit
legislation to address admissions prac-        state colleges and universities from asking    —Andrew Smalley

                                                                                     JANUARY/FEBRUARY 2020 | STATE LEGISLATURES | 3
FILLING IN FOR THE FEDS - Congress' inability to get things done leaves states carrying a heavy load. 10
The Bank of North Dakota is one of just two public banks nationwide.

FINANCE

Public Banks: a ‘Force for Good’ or a ‘Catastrophe’?
   New Jersey soon will join North Dakota          able to community banks for small-busi-         that local farmers wouldn’t be charged
as the only states in the banking business.        ness loans, small-scale infrastructure proj-    inflated interest rates on loans from out-
New Jersey Governor Phil Murphy (D)                ects and student loans. Bank profits will be    of-state banks. Several states have enter-
signed an executive order in November              pumped back into the state budget.              tained the idea of establishing a state-run
creating a Public Bank Implementation                 Opponents argue the bank will compete        bank in the last 10 years.
Board that will lay plans for a public bank        with established local institutions that           California lawmakers recently voted to
for the state. He called it “a force for good in   are already providing these services and        allow cities to open and operate public
helping small businesses succeed, in pro-          would be vulnerable to political influence.     banks.
viding student loans at affordable rates, and         “The creation of a state-run bank is a          “We finally have the option of reinvest-
in opening lines of credit to municipalities       looming catastrophe for Garden State            ing our public tax dollars in our communi-
needing long-term infrastructure and af-           taxpayers,” New Jersey Senator Anthony          ties instead of rewarding Wall Street’s bad
fordable housing,” according to nj.com.            Bucco (R) wrote in a statement. “The truth      behavior,” Assemblyman David Chiu (D),
   Once the 14-member board publicly               of the matter is that new agencies run by       co-author of the bill, told the Los Angeles
releases its plan, the bank could begin re-        the state have a history of falling short.      Times.
ceiving millions of dollars in state depos-        This poses too great of a potential liability      Public banks also could be a boon to
its previously held by commercial banks.           for New Jersey families who already strug-      state-licensed cannabis businesses, which
Supporters see it as a way to invest more          gle with taxes.”                                currently lack access to banking services.
money back into local communities. The                North Dakota’s state bank, which dates
bank will make some of its money avail-            back to 1919, was created to help ensure        —Julie Lays

4 | STATE LEGISLATURES | JANUARY/FEBRUARY 2020
FILLING IN FOR THE FEDS - Congress' inability to get things done leaves states carrying a heavy load. 10
Bicyclist Traffic Crash Fatalities 2008-2017
TRAFFIC SAFETY
                                                900

Getting Ahead of Cyclist Injuries With Helmet Laws                                                                                 852
                                                850
   Prompted by the growing number of                                                                                    829
bicycle riders and the resulting increase in
crashes and injuries, the National Trans-       800
portation Safety Board recently conducted
its first analysis of bicycle safety in 47                                                                                                    783
                                                                                                  749
years. As a result of the study, the board      750                                       734
called for making cyclists more visible to             718
motorists, developing crash avoidance                                                                        729
systems for cars capable of detecting bi-       700                              682
cyclists and building separated bike lanes
and other infrastructure improvements
to make roads safer. It also recommended        650
that state legislatures pass mandatory hel-
met laws.                                                       628     623
                                                600
   Only Puerto Rico requires all bicyclists
                                                       2008     2009    2010     2011     2012    2013       2014       2015       2016       2017
to wear helmets. Twenty-nine states have
                                                                                                 Source: National Highway Traffic Safety Administration
no helmet law for cyclists of any age, while
the other 21 states and the District of Co-
lumbia have laws that apply only to cy-
clists of a certain age, which varies from 17
years and younger in California, Delaware       Bicyclist Traffic Crash Fatalities 2008-2017
and New Mexico to 11 years and younger
in Louisiana and Pennsylvania, accord-          900
ing to the Insurance Institute for Highway                                                                                         852
Safety. But that might be changing.             850                                                                     829
   Supporters of helmet laws cite statis-
                                                800
tics. Crashes with cars killed 854 cyclists
in 2018. That’s the highest number in 30                                                          749                                         783
                                                750                                       734
years and a 6.3% increase over 2017. And,              718
of those who died, only about 17% were                                           682                         729
                                                700
wearing helmets. Studies show that wear-
ing a helmet decreases the likelihood of a      650                     623
head injury by about 48%. Although only                         628
about half of cyclists wear a helmet, they      600
                                                       2008     2009    2010    2011      2012   2013       2014       2015       2016        2017
are four times more likely to do so if a law                                                     Source: National Highway Traffic Safety Administration
requires it, according to studies cited by
the Insurance Institute for Highway Safety.
   Opponents don’t believe helmet laws          evidence doesn’t bear this out. Experience         CRASHES WITH CARS KILLED
are the answer. They would rather see up-       has shown that while bike helmets can be
grades to vehicle safety systems and road       protective, bike helmet laws are not,” says       854 BICYCLISTS IN 2018—THE
design. Helmet laws are hard to enforce,        Corinne Kisner, executive director of the
                                                                                                 HIGHEST NUMBER IN 30 YEARS.
they say, and may discourage people from        National Association of City Transporta-
biking altogether. And, studies show that       tion Officials, in a press release.
the more cyclists on the road, the safer all       Several cities and counties have helmet
are due to the “safety in numbers” effect.      requirements as well.
    “While requiring helmets may seem
like an intuitive way to protect riders, the    —Julie Lays

                                                                                       JANUARY/FEBRUARY 2020 | STATE LEGISLATURES | 5
FILLING IN FOR THE FEDS - Congress' inability to get things done leaves states carrying a heavy load. 10
CENSUS

Help Wanted: Census Bureau Is Short on Temp Workers
   As the saying goes, it takes a village to        Census Pay Rates by State
raise a child. The same could be said for
getting a complete and accurate census               State                  Pay Range (per hour)        State                Pay Range (per hour)
count—but the village would have to be a             Alabama                $13-$20.50                  Montana              $12.50-$19.50
                                                     Alaska                 $22.50-$28.00               Nebraska             $12.50-$21.50
city the size of Atlanta. Unfortunately, the         Arizona                $12.50-$19.50               Nevada               $13-$18
number of applicants for census jobs has             Arkansas               $12-$21                     New Hampshire        $13-$17.50
been disappointing.                                  California             $15-$30                     New Jersey           $13-$22
                                                     Colorado               $13-$20.50                  New Mexico           $12.50-$17.50
   The U.S. Census Bureau needs around
                                                     Connecticut            $17-$25                     New York             $13.50-$25
500,000 temporary employees for the 2020             Delaware               $15-$25                     North Carolina       $12-$20
census and hopes to hire local residents to          Florida                $12-$19.50                  North Dakota         $13.50-$21
work door to door in their own neighbor-             Georgia                $12-$22                     Ohio                 $12.50-$23.50
                                                     Hawaii                 $16-$22                     Oklahoma             $12-$17
hoods. But it’s behind on receiving applica-
                                                     Idaho                  $13-$18                     Oregon               $13.50-$18
tions—by about 1.7 million.                          Illinois               $12.50-$29.50               Pennsylvania         $13-$27
   The bureau recently launched a nation-            Indiana                $12-$25                     Rhode Island         $18-$22.50
wide campaign to boost lagging recruit-              Iowa                   $12-$21                     South Carolina       $12.50-$16.50
                                                     Kansas                 $12-$21                     South Dakota         $12-$20
ment numbers. Why the difficulty finding             Kentucky               $12.50-$21.50               Tennessee            $12.50-$26
workers? Several factors are believed to be          Louisiana              $12.50-$18                  Texas                $12-$24.50
at play:                                             Maine                  $13-$17.50                  Utah                 $13.50-$18
   • Very low unemployment rates                     Maryland               $15-$22                     Vermont              $13-$17.50
                                                     Massachusetts          $14.50-$25                  Virginia             $12-$25
nationwide.                                          Michigan               $12-$24.50                  Washington           $13-$23
   • An online-only application and training         Minnesota              $12-$27.50                  West Virginia        $12-$16.50
program.                                             Mississippi            $12.50-$17.50               Wisconsin            $12-$22
   • A lag in receiving completed back-              Missouri               $12-$23.50                  Wyoming              $13-$19.50

ground checks.
   • Uncertainty among benefit recipients             A pay increase might also help in re-               Every 10 years, the census provides
as to whether their census pay will disqual-        cruitment efforts. It was advised after the        the data used to redraw state and
ify them from receiving federal assistance.         bureau encountered high dropout and no-            federal political districts, to determine
   Census jobs, such as census takers, field        show rates when it hired 32,000 temporary          the number of U.S. representatives and
supervisors, clerks and office supervisors,         workers earlier this year to verify addresses.     Electoral College votes each state gets and
can last a few weeks to a couple of months.         In Montana, for instance, hourly pay rates         to portion out the federal funds states will
States can decide whether to waive, or ex-          have been increased to $17 for enumera-            receive for the next decade. It’s hard to
clude, income from these jobs when cal-             tors and to $19.50 in a few hard-to-staff ru-      overstate how important accurate counts
culating Medicaid, TANF, CHIP and SNAP              ral counties. Nationally, pay will range from      are to the states.
benefits. So far, Idaho, Massachusetts and          $12 to $30 per hour depending upon the
South Dakota have done so.                          job and location.                                  —Christi Zamarripa

DID YOU KNOW?
                                                              Female Legislative Leaders, 2020
Women Sustain Chamber                                         80
Leadership Numbers                                            70
                                                              60
Seventy-three women will serve in leadership                  50
roles—house speaker, speaker pro tem, senate                  40
president, senate president pro tem, majority                 30
leader or minority leader—for 2020. The number is             20
virtually unchanged from last year, though Virginia           10
has its first female speaker. All told, of the nation’s        0
                                                                     Legislative Leadership        House Chambers          Senate Chambers
7,383 legislators, 2,145 are women this year.

6 | STATE LEGISLATURES | JANUARY/FEBRUARY 2020
FILLING IN FOR THE FEDS - Congress' inability to get things done leaves states carrying a heavy load. 10
STEVEN D. GOLD AWARD

Analyst David Teal Honored for Service to Alaska, Nation
   David Teal, director of the
Legislative Finance Division in
Alaska, is the 2019 winner of
the Steven D. Gold Award for
his significant contributions to
public financial management
and state and local finance.
Teal was honored at the Cap-
itol Forum in December for
his commitment to strength-
ening the legislative institu-
tion in Alaska and around the
country.
   Teal has been in state gov-
ernment in various capaci-
ties for nearly 37 years, the
last 22 of them as director of
the nonpartisan Legislative
Finance Division. During his
tenure with the legislature, he
has strived to provide the body
with precise, unbiased data
and research to inform the
decision-making of Alaska’s                                                                                                                NCSL

lawmakers. Teal says his goal      David Teal, left, director of the Legislative Finance Division in Alaska, received the Steven D. Gold
is “to make the budget pro-        Award from NCSL Executive Director Tim Storey at the Capitol Forum in Phoenix in December.
cess work as smooth as it can,
making sure that everyone is                                                                                 President Cathy Giessel (R).
working from the same basic          Steven D. Gold Award                                                    “We celebrated our 60th an-
assumptions on revenues and                                                                                  niversary as the 49th member
                                     The Steven D. Gold Award honors significant contributions
expenditures, so legislators are     to the field of public finance in intergovernmental relations.          of the union this year. Be-
not arguing about the facts,         It is given annually by NCSL, the Association for Public Policy         cause of our relatively youthful
but are just debating policy.        Analysis and Management and the National Tax Association in             institutions, the people who
That doesn’t make it easy, but       memory of Steven D. Gold, an active member of all three or-             handle the tillers of govern-
it certainly helps.”                 ganizations. Gold made significant contributions to the fields          ment, especially our analysts,
   Speaker of the House Bryce        of state and local finance and intergovernmental relations. He          provide critical knowledge
                                     had an exemplary career as a state and local fiscal analyst and
Edgmon (I), who has known                                                                                    and experience that inform
                                     served as director of fiscal studies at NCSL.
Teal since he joined the fi-                                                                                 lawmakers‘ decisions. Mr.
nance division, describes Teal                                                                               Teal, in his capacity, has been
as even keeled. “I’ve never        National Association of Leg-         lative fiscal analysts.              involved in over a third of all
once seen him off his game         islative Fiscal Offices and the         Teal, who retired at the end      the budgets in Alaska’s history.
under the most trying of cir-      Western States Legislative Fis-      of last year, is recognized by       David leaves public service
cumstances,” Edgmon says.          cal Officers Association, Teal       both parties for his commit-         with deep tracks grooved into
“David has kept his cool every     has provided expert guidance         ment to the legislative institu-     the future for successors to
moment in his work with the        to legislators and legislative       tion, and his nonpartisan work       follow.”
legislature.”                      fiscal staff across the country      is deeply respected. “Alaska
   As a former president of the    and has mentored many legis-         is a young state,” says Senate       —Erica MacKeller

                                                                                      JANUARY/FEBRUARY 2020 | STATE LEGISLATURES | 7
FILLING IN FOR THE FEDS - Congress' inability to get things done leaves states carrying a heavy load. 10
Innovations                                            Ideas for strengthening
                                                       the legislative institution

MODERNIZING CONGRESS

States Show the Way
BY NATALIE WOOD                               ment in at least one area,
                                              such as parliamentary
   These days, most headlines about Con-      procedure or civics edu-
gress tend to shout about its dysfunction,    cation. Householder also
sigh over its inertia or bemoan its extreme   described the array of
polarization. Over the past year, however,    training and professional
a bipartisan committee of 12 members of       development opportuni-
the U.S. House of Representatives, five of    ties NCSL offers.
whom are former state legislators, has got-      Diane Boyer-Vine,
ten attention for the opposite reasons.       legislative counsel and
   The U.S. House established the Select      head of the legislative
                                                                                                                             Berkeley C. Teate/NCSL
Committee on the Modernization of Con-        data center in California,
gress in January 2019 to focus on stream-     demonstrated her state’s       NCSL’s  Natalie Wood, foreground,   testified on rules and pro-
                                                                             cedures before a House select committee in December,
lining legislative procedures; creating a     “Member Portfolio” web
leadership pipeline; boosting staff diver-    application, which al-
                                                                                                  During the committee’s final hear-
sity, recruitment, retention and compen-      lows legislators to access
                                                                                               ing, NCSL staff shared how the legisla-
sation; and improving technology, innova-     nearly real-time updates on amendments
                                                                                               tive process can foster bipartisanship and
tion and administrative efficiencies. This    and existing law, all at the touch of an
                                                                                               increase efficiency. Committee members
isn’t the first time Congress has engaged     iPad. Mike Rohrbach, chief information
in such a process. Reform efforts occurred    officer and director of information tech-        asked questions about “regular order” (an
in 1945, 1965 and 1993. What’s unique this    nology in Washington, shared with the            assurance that rules will be consistently
time, however, is the committee’s strong      committee why his state’s very accessible        followed), decorum, bill referral, amend-
desire to learn from state legislatures.      website, remote video testimony capabili-        ment processes, and committee author-
   Enter NCSL, which teamed up with           ties and cybersecurity training make it an       ity and jurisdiction. From intermixed
various legislative staff to spotlight our    IT leader. “Signing up to testify before a       member seating in Maine to joint budget
laboratories of democracy on Capitol Hill,    committee should be as easy as booking           committees in Colorado and Wisconsin to
educating the committee about legisla-        a hotel room. Tracking a bill should be as       secret-ballot voting by committee chairs
tive innovations, practices and realities     easy as tracking a package,” Rohrbach told       in Nebraska, Congress heard how states
throughout the year.                          the committee.                                   strive for bipartisanship.
   The committee received a primer on            The committee also heard from Susan              The modernization committee recently
training, leadership development and          Clarke Schaar, clerk of the Virginia Sen-        released legislation asking the U.S. House
new-member orientations from Stacy            ate, about scheduling and calendaring            to pass 30 recommendations that commit-
Householder, director of NCSL’s leader-       rules for busy lawmakers who often feel          tee members unanimously support. The
ship and international programs. It heard     like they need to be in two places at once.      committee will continue working this year,
about Missouri’s “freshman tour,” which       Schaar noted in her testimony that, un-          giving hope that, despite what you might
takes legislators around the state by bus     like U.S. representatives, Virginia senators     see in the news, Congress won’t always be
to learn about each other’s districts. It     (and most state legislators) don’t have          handcuffed by hyperpartisan dysfunction.
learned that legislators in Colorado, Ha-     committee meetings that conflict with
waii, Maine, Washington and Wisconsin         floor session, so they can meet session at-      Natalie Wood is the director of NCSL’s
can receive ongoing professional develop-     tendance requirements.                           Center for Legislative Strengthening.

8 | STATE LEGISLATURES | JANUARY/FEBRUARY 2020
StateStats
Firearm-Related Deaths Drive Debates Over Guns
Close to half of Americans know someone                          Two-thirds of gun owners say they have a                                 incidents as “one or more individuals actively
who has been shot. Nearly 40,000                                 firearm primarily for self-protection; 38%                               engaged in killing or attempting to kill people
Americans died of gun-related injuries in                        cite hunting and 30% cite sport shooting as                              in a populated area.” The Gun Violence
2017, a 19% increase from 2012 and the                           major reasons they own guns. Opponents to                                Archive defines mass shootings as “incidents
highest since 1993, according to the Centers                     gun restrictions point out that guns also save                           in which four or more people—excluding
for Disease Control and Prevention. That                         lives. They are used defensively anywhere                                the shooter—are shot or killed.” Using these
number includes suicides (60%), murders                          from several hundred thousand to a couple                                definitions, 85 people died in 2018 in active
(37%), those involved with law enforcement                       million times a year, though these statistics                            shooter incidents, according to the FBI, and
(1%), unintentional deaths (1%) and deaths
                                                                 often go unreported to the police and the                                373 were killed in mass shootings, according
with undetermined causes (0.1%). Between
                                                                 media and are tracked less thoroughly,                                   to the Gun Violence Archive.
2012 and 2017, murders increased by 25%
                                                                 advocates say.                                                           With proponents on both sides of the gun
and suicides by 15%. Guns continue to be
the lethal weapon of choice for both, with                       As far as multiple murders go, definitions                               dispute able to cite studies supporting their
firearms used in 75% of murders and 51% of                       matter. According to the Pew Research                                    viewpoint, debates will surely continue in
suicides.                                                        Center, the FBI defines active shooter                                   legislative chambers this year.

Partisan Differences		                                           Gun-Related Death Rates
 Percent who support:              % Dem.         % Rep.         Per 100,000 total population, 2017                                                                                ME
 Protecting the right to
                                       21           80
 own guns                                                          AK                                                                                               VT        NH

 Making gun laws stricter              86           31
                                                                              WA        MT        ND        MN        WI                   MI                  NY        MA        RI
 Banning assault-style
                                       88           50
 weapons                                                                           ID        WY        SD        IA        IL        IN         OH        PA        NJ        CT
 Banning high-capacity
                                       87           54
 magazines                                                                    OR        NV        CO        NE        MO        KY        WV         VA        DC        DE

 Preventing people with
                                                                    HI             CA        UT        NM        KS        AR        TN         NC        SC        MD
 mental illnesses from                 93           82
 buying guns
                                                                                                  AZ        OK        LA        MS         AL        GA
 Doing background                                                                                                                                                                       2.5–10.3
 checks for private and                91           92
                                                                                                                 TX                             FL                                      10.4–12.0
 gun show sales
                                                                 Notes: Rates include murders and
                                                                 suicides. Deaths by guns that were
                                                                                                                                                              12.1–15.2
More than half of Amer-
                                                                 either unintentional, involved law                                                           15.3–18.4
icans believe restrictions                                       enforcement officers, or had                    AS     GU      MP      PR       VI
on buying guns would                         6%                  undetermined circumstances are not                                                           18.5–24.5
not lower the number of                                          reflected in the map. Although adjusted
mass murder events.                                              for differences in age-distribution and population size, rankings by state do not take into account other
 Lower mass murder incidents          46%                       state specific population characteristics that may affect the level of mortality. When the number of deaths
                                                 47%             is small, rankings by state may be unreliable due to instability in death rates.
 Make no difference
 Result in more mass murders

                                                                 Gun Friendly                                                   1. Arizona                        Sources: CDC National Center for
                                                                                                                                                                   Health Statistics, Firearm Mortality
                                About a third of
                                Americans own guns.              States have been ranked by their concealed                     2. Idaho                           by State, Dec. 15, 2019; Graduate
          11%                                                                                                                                                    Institute of International and Devel-
                 57%                                             carry and “castle doctrine” laws, access to
                                 Don’t own guns and live in a
                                                                 black rifles, and the number of prohibitions                   3. Alaska                       opment Studies, Small Arms Survey,
                                household with no guns                                                                                                            2018; Guns and Ammo magazine,
        30%                      Own guns                       they have beyond the National Firearms                         4. Kansas                       Oct. 23, 2019; Pew Charitable Trusts
                                 Don’t own a gun but live       Act. According to Guns and Ammo maga-                                                          survey, 2019; Pew Research Center,
                                                                                                                                                                         Oct. 22, 2019; The FBI, 2019
                                with someone who does            zine, the best states for gun owners are:                      5. Oklahoma

                                                                                                                      JANUARY/FEBRUARY 2020 | STATE LEGISLATURES | 9
FEDERALISM

                                    FILLING
                                      IN FOR
                                       THE
                                         FEDS      Congress’
                                                  inability to
                                                   get things
                                                   done leaves
                                                    states
                                                     carrying
                                                      a heavy
                                                        load
10 | STATE LEGISLATURES | JANUARY/FEBRUARY 2020
BY ALAN GREENBLATT

W
          ashington was broken long before
          impeachment got underway. The current
          Democratic House and Republican Senate
          have failed to reach agreement on almost any
major policy change. During the first two years of Donald
Trump’s presidency, when Republicans controlled
everything, there were no notable enactments beyond
the 2017 tax package and the 2018 criminal justice reform
bill. Even the United States-Mexico-Canada Agreement,
the White House’s replacement for the North America
Free Trade Agreement, left much of NAFTA intact.

   The same lack of legislative productivity characterized
most of Barack Obama’s time as president. In fact,
it’s been about a decade since any real, innovative or
ambitious policy achievement has come out of our
nation’s capital. The situation is unlikely to change for the
foreseeable future. Either party could take both Congress
and the White House this year, but the Senate is looking
much more likely to end up tied than controlled by one
party with a filibuster-proof, 60-seat majority.

                                      JANUARY/FEBRUARY 2020 | STATE LEGISLATURES | 11
Congressional gridlock opens up oppor-
                                                  Federal Grants to States by Program
tunities for states to experiment, and not
everyone thinks that’s a bad thing. For most      Percentage change from federal fiscal years 2008-17, adjusted for inflation
of American history, says Wisconsin Assem-
bly Speaker Robin Vos (R), the president          100
of NCSL, power has been shifting inexora-
bly toward Washington, D.C., with groups                             87%            Health
                                                   80
preferring to deal with a single venue rather                                       Non-health
than 50 separate state capitols. He welcomes               71%                      Total federal grants to states                            72%
a reversal of that trend.                          60
   “My preference has been, and always will
be, that states are where the bulk of pub-
lic policy should occur,” he says. “I prefer to    40
                                                                                                                                   40%
have that contest of ideas, where one state
advances or falls behind because of the poli-
                                                   20
cies local officials are putting into place.”
                                                                               6%
Perennial Time-Consumers                             0
                                                                                                                                                         -3%
   In 2020 and beyond, legislators’ time                 Medicaid   Other    Income        -7%                                 Total grants   Health
                                                                    health   security Transportation -11%                                              Nonhealth
will be monopolized, as it always has                                                                          -15%
been, by traditional tasks such as bud-            -20                                            Education Everything
                                                                                                               else
geting and taxation, and education and
                                                                                                                         Source: The Pew Charitable Trusts, 2017
health care funding. And, this year, with
the census coming up, preparing for redis-
tricting will be a front-of-mind matter in                                                                  transportation funding won’t be delayed
most legislatures.                                                                                          for years, as happened the last time. There
   Although there seems to be help avail-                                                                   are reasons for optimism. A Senate com-
able for new federal priorities such as opi-                                                                mittee approved a $287 billion package in
oid addiction and school safety, Trump’s                                                                    July last year, and in November, Congress
budgets have proposed deep cuts to other                                                                    repealed a $7.6 billion rescission of high-
domestic programs. These generally have                                                                     way dollars scheduled to take place this
not gotten traction in Congress, but state                                                                  summer. “We’re moving in the right direc-
lawmakers recognize they can’t count                                                                        tion,” Tymon says.
on infusions of federal cash any more for                                                                      • Legal Marijuana. Marijuana remains
longstanding programs. And that trend is          “MY PREFERENCE HAS BEEN, AND                              a Schedule I substance, making the pos-
likely to continue.                                                                                         session and sale of marijuana illegal under
   Legislators will face several perennial         ALWAYS WILL BE, THAT STATES                              federal law. However, 11 states, two terri-
issues in the coming years that Washing-                                                                    tories and the District of Columbia have
ton has either failed to address or refused              ARE WHERE THE BULK                                 legalized its use by adults, and another
to fund:                                                                                                    22 allow its use for medical reasons. This
                                                           OF PUBLIC POLICY                                 legal inconsistency will keep lawmakers
   • Infrastructure Funding. The federal
Highway Trust Fund has been falling short                   SHOULD OCCUR.”                                  busy unless Congress decides to remove
by billions of dollars for years, yet the fed-                                                              marijuana from the controlled substances
eral gas tax hasn’t been increased since                                                                    list or reclassify it as a Schedule II or III
1993. Knowing they need a reliable source                 Speaker Robin Vos, Wisconsin                      substance.
of increased revenue, 30 state legislatures                                                                    • Medicaid Costs. Federal efforts to
have raised their own gas taxes since 2013.                                                                 overhaul this costly state/federal pro-
“People should not mistake the increase in                                                                  gram have fallen short. Further changes in
investment at the state level as a substitute     way and Transportation Officials.                         health policy may be in limbo for a while.
for increasing investment at the federal            The federal highway funding bill is due                 Policymakers will have to wait to see the
level,” says Jim Tymon, executive director        for reauthorization this year and state law-              full ramifications of a federal court ruling
of the American Association of State High-        makers are hoping their regular source of                 in December that found the Affordable

12 | STATE LEGISLATURES | JANUARY/FEBRUARY 2020
A young Salvadoran woman is taken into custody for illegally entering the United States by crossing the Rio Grande River in Texas.

Care Act’s individual mandate unconsti-        above, there are important concerns—
tutional, putting the entire law’s future in   some high-profile, some not—that states
doubt. Some 20 states have sought federal      will have to deal with in the coming years
waivers to impose work requirements on         because federal lawmakers have failed to
Medicaid recipients. Those have largely        provide any new help with either policy
been held up by the courts, but in Decem-      direction or funding.
ber, South Carolina was the first state to
receive federal approval to impose work        Election Security
requirements under traditional Medicaid,          In December, Congress agreed to provide
not just the ACA expansion. Ballot initia-     $425 million more for election security.
tives to expand Medicaid, which voters         That represented a compromise between
approved in 2018 in Idaho, Nebraska and        House Democrats who wanted $600 mil-
Utah, are expected this year in Missouri       lion, and Senate Republicans who had ap-
and Oklahoma.                                  proved only $250 million. It came on top of
   • Immigration, Abortion and Gun             $380 million Congress approved in 2018. At
Rights. With little federal action on highly   the time, voting security advocates worried
partisan and contentious social issues, red    that not only was that not enough, but that
and blue states will continue charting their   the money arrived too late, on the very eve
separate courses when it comes to sanctu-      of the election year.
ary cities, abortion limits, gun control and      “This money is wonderful but not            To better secure ballots, only eight states
other matters.                                 enough to make the states capable of step-     are expected to rely entirely on paperless
   But beyond the perennial issues listed      ping up to foreign meddling,” says Wendy       voting machines for the 2020 election.

                                                                                   JANUARY/FEBRUARY 2020 | STATE LEGISLATURES | 13
Vaping on the Rise With Teens
Students’ past-month use, by grade
25
                                              25%

20                                                                                                                                                 20
            2017             20%
            2019
15
                                                                                                                                                   15

10                                     11%
              9%                                                                                                                                   10
                      8%
 5
       4%
 0
                                                                                                                                                     5
     8th grade      10th grade 12th grade
                       Source: Pew Research Center,     A pedestrian exhales vapor from a vaping device while waiting to cross a busy street in
               University of Michigan data, Jan. 2020   Philadelphia during rush hour.                                                               0
Underhill, director of NCSL’s elections and             says. “It works the opposite of the way most       Although studies on the health effects
redistricting team.                                     technologies work, where you do updates         of vaping have been inconclusive, 2,561
   States have already done an impressive               all the time with your iPhone.”                 people in 50 states, the District of Colum-
job on their own of “hardening their cyber                                                              bia, Puerto Rico and the U.S. Virgin Islands
shells around elections,” Underhill says.               Vaping and E-cigarettes                         have been hospitalized for lung injuries
Election officials have to perform a tight                 Originally touted as a healthy, easy way     associated with vaping, as of Dec. 31, 2019.
dance between addressing real vulnerabil-               for adults to stop smoking (60% easier than     Fifty-five of them, ages 17 to 75 and from 27
ities and not fostering panic, since under-             drug-based methods, some studies sug-           states and the District of Columbia, have
mining public confidence is at least as great           gest), the use of electronic cigarettes—or      died, according to the CDC. Most patients
a threat as actual hacking.                             vaping—first drew concerns over the strong      reported using THC-containing products of
   To better secure ballots, the number of              appeal flavored varieties had to young          unknown origin.
states relying entirely on paperless ma-                people, fueled, some argued, by aggressive         Massachusetts lawmakers were the first
chines is expected to fall to eight, six fewer          youth-targeted marketing campaigns. Vap-        to pass a state ban on flavored vaping prod-
than in 2016.                                           ing devices—also called vapes, e-hookahs,       ucts. In at least nine other states, governors
   One other move states could consider                 vape pens, tank systems and mods—work           have used executive orders or state health
making is rewriting the regulations that                by heating a liquid that, according to the      departments have used emergency rules to
lead to long delays in certification of voting          Centers for Disease Control and Preven-         establish bans.
software and equipment, says Marc Law-                  tion, most commonly contains nicotine,             Courts have been skeptical about these
rence-Apfelbaum, senior adviser on for-                 THC or cannabinoid oils, but sometimes          moves, but other state legislatures may de-
eign interference and online threats at the             other additives, to produce a vapor that is     bate the pros and cons this year of impos-
Campaign Legal Center. Last year, states                inhaled.                                        ing bans that are stricter than the new fed-
spent just 8% of the $380 million autho-                   Trump threatened to ban most forms           eral regulations.
rized by Congress ahead of the midterm                  of flavored e-cigarettes last fall, because,       Regulatory restrictions, vaping device
elections, in large part due to the amount of           he said, “We can’t have our kids be so af-      companies argue, would only impede
time it takes to update equipment. (They’re             fected.” On Jan. 2, the administration an-      adults who choose to vape.
expected to spend 85% of the sum in this                nounced a plan to ban most flavors, but
year’s elections.)                                      not all. Health advocates warn that this left   Children and Youth
   “It takes a long time to get anything certi-         open a loophole that tobacco companies            When it comes to children’s programs,
fied, which costs vendors time and money,               can exploit, marketing their products, per-     “we have an imbalanced federal fiscal sys-
and once you’ve deployed it, you have to                haps misleadingly, under the flavor labels      tem,” says Timothy Conlan, a professor of
start all over again,” Lawrence-Apfelbaum               still allowed.                                  government at George Mason University.

14 | STATE LEGISLATURES | JANUARY/FEBRUARY 2020
Since 2015, the share of federal spending on K-12 education has dropped by 12.1%, and         States have changed zoning regulations to
nutrition assistance has fallen even more.                                                    promote more affordable housing.

Federal spending currently is focused on                                                      Childhood Education Department.
defense and entitlements, which drives                                                           Child care came up repeatedly as an
down spending on programs that benefit                                                        issue of concern in gubernatorial races
children and young people, leaving that job                                                   in 2019. And even the feds are spending
largely to the states, he says. That’s not a                                                  more on child care and early childhood
new dynamic, but the decline over the last                                                    programs in general. “We are seeing states
five years is notable.                                                                        starting to increase funding and leveraging
   Since 2015, the share of federal spending                                                  these federal dollars with more savvy,” says
on K-12 education has dropped by 12.1%,                                                       Ed Stierli, director of state campaigns for
while nutrition assistance has fallen even                                                    Save the Children Action Network.
more, according to First Focus on Children,        “FROM OUR POINT OF VIEW
a bipartisan organization that advocates                                                      Affordable Housing
for spending on children and families. At               IN OREGON, IT WAS                        Traditionally, legislators haven’t had
this point, federal programs aimed at the                                                     to think much about housing. The fed-
                                                 VERY CLEAR THE STATUS QUO
young make up just 7% of all federal spend-                                                   eral government has provided funding for
ing. “The share of spending for kids is at an             ISN’T WORKING.”                     low-income housing, while localities have
all-time low,” says Bruce Lesley, First Focus                                                 set nearly all the rules. But the days when
president.                                                                                    states could stand idly by appear to be over.
   That leads to some big disparities among          Representative Julie Fahey, Oregon       “Traditionally, this has been the purview
states. Some are still below their pre-reces-                                                 of the federal government and localities,”
sion spending levels on K-12, while others                                                    says Oregon Representative Julie Fahey (D).
spend nothing on early childhood educa-                                                       “From our point of view in Oregon, it was
tion beyond what the federal government                                                       very clear the status quo isn’t working.”
provides.                                       gap does not exist among younger adults.         Fahey co-sponsored a law last year that
   Children lack political clout, but the          Finding ways to pay for universal          effectively bans single-family zoning in the
politics around children’s programs might       programs remains a struggle, but it’s         state. Oregon’s law was especially ambi-
be changing as the demographics of leg-         becoming more of a priority in many           tious, but states from Massachusetts to Ha-
islatures evolve. Older women are much          states. Colorado and Rhode Island have        waii have enacted laws aimed at pushing
more likely than older men to support ef-       ramped up their spending on early             localities to change zoning regulations to
forts such as Head Start and the Children’s     childhood and pre-K programs, and             encourage more building. “We’ve viewed it
Health Insurance Program. But that gender       New Mexico has just created an Early          as a local issue, but this absolutely is a state-

                                                                                     JANUARY/FEBRUARY 2020 | STATE LEGISLATURES | 15
wide issue, every bit as much as educa-
                                                State Alliance in Lieu of Paris Agreement
tion or health care,” says California Senator
Scott Wiener (D), who has sponsored leg-        Nearly half of the states will remain committed to meeting the goals of the
islation to prod local governments to build     global compact to reduce greenhouse gas emissions.
more housing near public transit routes.                                                                                                                             ME
   Wiener’s bill was unsuccessful last
year, but California did enact a statewide       AK                                                                                                   VT        NH
rent-control measure, along with other
tenant protections. Inland states as well                     WA        MT        ND        MN        WI                    MI                   NY        MA        RI
will increasingly find themselves called on
                                                                   ID        WY        SD        IA        IL          IN        OH         PA        NJ        CT
to confront housing questions, says Mark
Treskon, a senior research associate at the
                                                              OR        NV        CO        NE        MO          KY        WV         VA        DC        DE
Urban Institute. “There’s going to be more
active discussion in states where there are
                                                  HI               CA        UT        NM        KS        AR          TN        NC         SC        MD
cities with really profound housing-cost is-
sues,” he says.
                                                                                  AZ        OK        LA         MS         AL         GA

Climate Concerns                                                                                 TX                               FL
   Engaged attention to climate policy has
switched from the states during George W.
Bush’s presidency, to Washington, D.C.,                                                                    AS          GU        MP         PR        VI
under Obama, and back to the states un-             Committed to climate goals
der Trump. It’s an example of the “whip-
                                                                                                                                 Source: The Pew Charitable Trusts, 2019
lash effect” some aspects of federalism
are experiencing, says Conlan, the George
Mason University professor. At a time of        ing renewable power, subsidizing electric                       not going to get it from the federal level,
profound polarization, the policy course        vehicles and requiring some buildings to                        they’re turning to the states.”
an issue takes can change rapidly with          be remodeled, among other strategies.
swings in partisan control. “Federalism         Lawmakers in Arizona, Montana, New                              Power to States
has become polarized in a way that we ha-       Jersey and New York have produced cli-                             The list of these difficult, federally ne-
ven’t seen in a very long time, and maybe       mate-related letters or resolutions.                            glected issues goes on. States are being
ever,” he says.                                    GOP lawmakers support alternative en-                        encouraged to take on more of the costs of
   Much of the climate action in the states     ergy sources, such as wind, for their eco-                      responding to natural disasters, for exam-
is taking place at the executive level. Dem-    nomic development potential but remain                          ple. The threat of trade wars has prompted
ocratic attorneys general are routinely         skeptical about the extent to which human                       some states to drum up their own inter-
suing the Trump administration over cli-        activity is contributing to climate change.                     national deals. And workforce training
mate questions and other environmental          That doubt is keeping most of them from                         concerns have legislators seeking better
issues as part of their record-shattering       actively supporting any climate change                          alignment between their education and
docket of lawsuits against Washington.          effort, says Barry Rabe, a public policy pro-                   economic development agencies to ad-
Half the nation’s governors have joined         fessor at the University of Michigan. “As                       dress skills gaps that leave millions of jobs
the U.S. Climate Alliance, pledging their       states think about their economic future,                       unfilled.
states to abide by the terms of the Paris       their ability to tap fossil fuels in their states                  In 2020, states will have to find their own
climate agreement, even as Trump moves          becomes a bigger force in state politics                        way on these and still other issues, with lit-
to withdraw the nation from the accord          than it was 10 or 15 years ago,” he says.                       tle help expected from Washington.
altogether.                                        Inaction on climate change at the fed-                          That’s a challenge Vos is willing to take
   Lawmakers in a handful of states have        eral level “has created a desire for policy                     on: “I think that’s in essence what the
gone further. Hawaii was the first state, in    certainty, whether you’re a state govern-                       founders intended, having power resting in
2017, to enact laws adhering to the Paris       ment or a private company,” says Janet                          the states.”
goals, with measures reducing greenhouse        Peace, vice president of the Center for
gas emissions and promoting carbon se-          Climate and Energy Solutions. “Most big                         Alan Greenblatt is a senior staff writer with
questration. In Washington, lawmakers           companies see that we’re going to have                          Governing.
passed five climate-change bills mandat-        some climate policy in the future. If you’re

16 | STATE LEGISLATURES | JANUARY/FEBRUARY 2020
TOOLS FOR THE
 STAFFER’S TOTE BAG
  Your job isn’t easy. We get it. But with the right tools, any legislative staffer can be effective.
NCSL is here to help as you get ready for the next session. From e-learning to our award-winning
 publications, we’ve got the resources you can rely on to do your very best. Most are available
       for free on our website, www.ncsl.org, or by emailing us at getinvolved@ncsl.org.

LEGISBRIEFS
Two-page briefs get you up to speed
on legislative issues–the problem,
possible solutions, the experiences of            2020 CALENDAR                                   NCSL’S
other states, and federal involvement.            Be sure to save the date for these NCSL         ISSUE
                                                  events to learn from and network with
                                                  colleagues:                                     SPECIALISTS
NCSL.ORG                                          •    NCSL Legislative Staff Week, May 4-8,      Have a question
Review 50-state searchable databases of bills          2020                                       about a policy or
to give you a national perspective on specific    •    Legislative Summit, Aug. 10-13, 2020,      procedural topic
policy areas. Webinars and videos will help you        Indianapolis, Ind.                         but don’t know
do your job better. And the NCSL Blog and Our     •    Legislative Staff Management Institute,    who to ask? Find
American States podcast will keep you informed         Aug. 28-Sept. 4, Sacramento, Calif.        NCSL’s staff listed
about state legislatures, politics and policy.    •    Staff professional development             by the issues they
                                                       seminars, September and October, 2020.     cover online or call
                                                  •    Staff Certificate Program, Oct. 6, 2020,   303-364-7700 with
STATE LEGISLATURES                                                                                requests.
                                                       Atlanta, Ga.
MAGAZINE
Get inspired, gain insight, discover
new perspectives. NCSL’s magazine of
policy and politics shines the spotlight
on you and your colleagues like no
other publication out there. It’s sure to
enlighten and, we hope, entertain.

MASON’S MANUAL
A handy reference to basic
parliamentary rules and
procedures. Be sure to
look for the revised edition
coming in late 2020!
Some states tax barbers’ services.

                                                                TAXATION

   Services Targeted for Taxes
        Lawmakers consider taxing services as consumers spend less on retail goods.
BY JACKSON BRAINERD                               Most state legislatures adopted their         3.25% in 1970, 5% from 1990 through 2000,
                                                sales taxes between 1930 and 1960 and           and 6% today.
  The sales tax is not what it used to be.      chose to apply the tax to the sales of tangi-      Tax policy experts on both ends of the
  Although it’s still one of the most im-       ble personal property, which represented        political spectrum generally agree that
portant and longest-standing sources of         60% or more of the average consumer’s           good tax policy follows the widely ac-
revenue for the 45 state governments that       total personal expenditures during that         cepted principle of “broad bases, lower
levy it, the tax has steadily lost ground for   time. Since then, however, the amounts          rates” and should fall to a greater degree
the last several decades as consumers in-       consumers spend on tangible property            on the things people buy the most.
creasingly spend more on services than on       and services have basically reversed. Ser-         The number of services taxed by each
retail goods.                                   vices now make up about two-thirds of           state varies fairly widely, according to a re-
  Services can be grouped in broad cate-        personal consumption.                           cently updated survey by the Federation of
gories, such as professional (accounting,         This narrowing of state sales tax bases       Tax Administrators. Only six states—Dela-
legal), personal (tanning, salons, barbers)     has resulted in dwindling revenue. To           ware, Hawaii, New Mexico, South Dakota,
and business (advertising, magazines).          compensate, lawmakers have gradually            Washington and West Virginia—tax ser-
Many of these are exempt from sales taxes.      raised sales tax rates, which averaged          vices broadly and few have expanded their

18 | STATE LEGISLATURES | JANUARY/FEBRUARY 2020
State Taxation of Services, 2017                                                                        Services Some States
                                                                                                                   ME
              Update to State Taxation of Services Survey done in 2007                                                     Have Begun to Tax
   AK                                                                                               VT        NH
                                                                                                                           • Pet boarding, pet grooming, pet
                                                                                                                           day care
              WA        MT        ND        MN        WI                   MI                  NY        MA        RI
                                                                                                                           • Personal transportation, including
                   ID        WY        SD        IA        IL         IN        OH        PA        NJ        CT           peer-to-peer service
                                                                                                                           • Scenic and sightseeing transporta-
              OR        NV        CO        NE        MO         KY        WV        VA        DC        DE                tion in a motor vehicle
                                                                                                                           • Motor vehicle towing
   HI              CA        UT        NM        KS        AR         TN        NC        SC        MD
                                                                                                                           • Parking lots and garages
                                  AZ        OK        LA        MS         AL        GA                                    • Dating referral services
                                                                                                                           • Identity theft protection
                                                 TX                             FL
     1-50 services taxed                                                                                                   • Streaming media
     51-100 services                                                                                                       • Shipping and handling when part
     More than 100 services                                                                                                of a taxable sale
                                                           AS         GU        MP        PR        VI
     2007 survey response (states
     didn’t respond to 2017 survey)

                                   Source: Federation of Tax Administrators, 2017 State Taxation of Services Survey
                                                                                                                        task as well. No industry wants to see new
                                                                                                                        tax burdens, and service taxation debates
                                                                                                                        are prone to hyperbole. A proposed tax
tax bases. Perhaps most notable in the                            IT’S NOT ONLY BUSINESSES                              on legal services in Wisconsin in 2009
updated survey was how little things had
                                                                                                                        resulted in the state bar claiming it was
changed from when it was last conducted,                        THAT OPPOSE TAXING SERVICES.
                                                                                                                        nothing less than an attempt to tax “justice
in 2007. Iowa and Kentucky both ex-
                                                                 ADDING TAXES TO THE COST                               itself.” And in Washington, D.C., a tax on
panded their tax bases in 2018 to include a
                                                                                                                        health club services was derided by the in-
handful of services (tanning, landscaping,
                                                                 OF POPULAR DIGITAL GOODS,                              dustry as a penalty for being healthy.
subscription services), and Connecticut
added dry cleaning and interior design                                                                                     It’s not only businesses that oppose
                                                                 ENTERTAINMENT AND OTHER                                taxing services. Adding taxes to the cost of
work in 2019. (Connecticut has added 20
services over the last decade, the most in                        CONSUMER SERVICES CAN                                 popular digital goods, entertainment and
the country.)                                                                                                           other consumer services can also draw
   A significant majority of states, however,                    ALSO DRAW CRITICISM FROM                               criticism from the public. In fact, voters
added fewer than 10, if any. But that may                                                                               in Arizona and Missouri recently passed
                                                                                THE PUBLIC.                             constitutional measures that ban the taxa-
be changing.
   In a December special session, Utah                                                                                  tion of services. And at least two groups in
lawmakers passed an extensive tax reform                                                                                Utah have already begun gathering signa-
package. Along with lowering income                                                                                     tures to force a referendum on the ballot
taxes, restoring the full grocery tax and                                                                               to give voters the opportunity to repeal the
repealing exemptions on motor fuel taxes,                   Massachusetts is considering ways to tax                    state’s new law.
the legislation also eliminates certain                                                                                    Although concerns about shrinking
                                                            services.
sales tax exemptions (college sporting                                                                                  sales taxes have been building for decades,
                                                               The limited action on this front is due
events, newspaper subscriptions, exter-                                                                                 state legislatures have largely resorted
                                                            partly to the challenges in administering
nal car washes) and expands the sales                                                                                   to passing piecemeal efforts rather than
                                                            and defining taxation of services. Many                     adopting measures to tax services broadly.
tax to certain services (pet grooming and
care, streaming media, parking lots and                     services are complex and industry-spe-                      This year may very likely feature renewed
dating referral sites, to name a few). The                  cific, making them more difficult than tan-                 state efforts.
loud buzz the overhaul generated in the                     gible goods for states to value, define and
Beehive State will likely pique interest                    determine how to audit.                                     Jackson Brainerd is a senior policy
elsewhere. A revenue working group in                          It can be a very politically challenging                 specialist in NCSL’s Fiscal Affairs Program.

                                                                                                               JANUARY/FEBRUARY 2020 | STATE LEGISLATURES | 19
On the Same Page                                                  Successful bipartisan efforts
                                                                  from across the country

                     Moving Toward the Middle
         Honest discussions bring people with diverse political beliefs a little closer.
                                                  BY JULIE LAYS

    Talking politics around the kitchen table—even with beloved relatives—can be risky.
           Imagine expressing your personal, political beliefs with 522 strangers.
         That’s what a scientific sample of registered voters chose to do last October
           in a study looking at how deep the nation’s partisanship rift really ran.

20 | STATE LEGISLATURES | JANUARY/FEBRUARY 2020
The study, “America in One Room,” was organized by Helena,
a nonpartisan problem-solving institution; MacNeil/Lehrer Pro-
ductions’ By the People project; and the Center for Deliberative
Democracy at Stanford University. Participants were recruited
by the social research organization NORC, at the University of
Chicago.
   The researchers wanted to know if our divisions and polariza-
tion are as entrenched as many claim they are. They gathered “an
accurate, representative sample of the entire American electorate
in all its political, cultural and demographic diversity,” according
to a news release.
   “We had a hypothesis that the American people are not as po-
larized as the American political class, not as polarized as our
elected representatives and politicians,” said Larry Diamond, a
co-leader of the study and a sociologist at Stanford University. All
Americans need, the researchers believed, was access to more
nonpartisan information and factual discussions.
   Participants spent three days last October listening to expert
briefings on topics like immigration, health care, foreign policy,
the environment, and taxes and the economy; reading booklets
vetted by both parties on the pros and cons of these contentious
issues; discussing the issues in diverse, small groups; and asking
questions of some 2020 presidential candidates.
   After the long weekend, the percentage saying American de-
mocracy was working well doubled from 30% to 60%.
                                                                                                                                  Courtesy photos
   “WE HAD A HYPOTHESIS THAT THE AMERICAN                              This page and previous page: Voters sharing thoughts during the
                                                                       three-day “America in One Room” study weekend.
     PEOPLE ARE NOT AS POLARIZED AS ... OUR
                                                                          “People of all backgrounds discussed the most difficult issues
  ELECTED REPRESENTATIVES AND POLITICIANS.”
                                                                       that have pulled us apart as a country. With civil discussion, they
                                                                       came to understand and respect each other,” said Jim Fishkin,
                 Larry Diamond, Stanford University                    co-leader of the study and director of the Center for Delibera-
                                                                       tive Democracy. “These conclusions deserve to be listened to by
                                                                       policymakers.”
                                                                          Surveys before and after the event showed shifts toward cen-
                                                                       trist policies among Republican and Democratic voters alike,
                                                                       more than in the control group. For example, support for ze-
                                                                       ro-carbon emissions for vehicles fell from 66% to 55%, while
                                                                       support for using more taxes and market incentives to address
                                                                       climate change increased from 61% to 72%. Support for rejoining
                                                                       the Trans-Pacific Partnership rose from 47 % to 74%, while sup-
                                                                       port for increasing the federal minimum wage to $15 an hour fell
                                                                       from 54% to 39%.
                                                                          “Even though I imagined there would be significant changes in
                                                                       opinion, the results far exceeded my expectations,” Diamond said.
                                                                       “From both ends of the political spectrum, there was movement
                                                                       toward greater moderation and prudence. Our participants left
                                                                       with much more hope for American democracy—and so did I.”

                                                                       Julie Lays is the editor of State Legislatures magazine.

                                                                                   JANUARY/FEBRUARY 2020 | STATE LEGISLATURES | 21
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