Mental map of the states

U.S. Substance Abuse and Mental Health Services Administration (SAMHSA) released a report today analyzing substance use and mental health patterns occurring in each state. The report reveals "that there are wide variations among the states in problems like illicit drug use and underage drinking, but that no state was immune from these problems."

State Estimates of Substance Use is based on the 2005-2006 National Survey on Drug Use and Health (NSDUH) and provides state-level estimates for 23 measures of substance use and mental health problems, including underage drinking, use of illicit drugs, serious psychological distress, major depression, and tobacco use. These estimates are based on combined data collected from 136,110 respondents surveyed in 2005 and 2006 (the most recent data available). The report also reveals statistically significant changes that have occurred within each state between 2004-2005 and 2005-2006.

SAMHSA provides not only HTML and PDF editions of the report but table access to individual state reports and data. The HTML version contains additional tables not found in printed or PDF versions.

State Estimates of Substance Use from the 2005-2006 National Surveys on Drug Use and Health. OAS Series #H-33, DHHS Publication No. (SMA) 08-4311, Rockville, MD, 2008.

HTML edition
PDF (64pp/590kB)

Limits on hate crime laws

In mid-February, a 15-year-old boy in Oxnard, CA, was shot in the head by a 14-year-old classmate who now faces murder charges. As reported by the LA Times, several students said the victim had come out as gay. According to authorities, "If the suspect targeted [the victim] because of his sexual orientation, the case could rise to the level of a hate crime."

A recent paper by the Congressional Research Service (CRS) summarizes the constitutional issues for states and Congress when enacting hate crime laws. CRS cites several U.S. Supreme Court cases that provide the parameters for such legislation.

After these landmark cases, the real questions for states involve identifying permissible ways to curtail hate crimes without infringing on any constitutionally protected rights. On the federal level...the question remains as to what extent Congress can broaden the classes of individuals subject to hate crime legislation.

The paper discusses the applicability of the commerce clause, the Reconstruction Amendments (13th, 14th, and 15th), and the 1st and 6th Amendments.

Constitutional Limits on Hate Crime Legislation, RS22812 (pdf, 6pp/76kB, from Open CRS), Feb. 20, 2008

See earlier FR post, Dealing with "symbols of fear and violence," 10.25.07. §706-662, Hawaii Revised Statutes, therein was amended by HB2, which became Act 1, Session Laws of Hawaii 2007, 2nd Special Session.

ERISA's impact on insurance reform

The Employee Retirement Income Security Act (ERISA) is the federal law that governs private-sector retirement and health plans. ERISA pre-empts all state laws relating to employee benefit plans, including health insurance, with exceptions under the commonly called "savings" and "deemer" clauses. (ERISA specifically exempted the Hawaii Prepaid Health Care Act, chapter 393, Hawaii Revised Statutes, in the form it was passed in 1974, a few months before ERISA itself was enacted.) As states are attempting to legislate health insurance reform to cover the uninsured, they have come up against ERISA's pre-emption provision.

The Employee Benefit Research Institute (EBRI) issued a study on the challenges presented by ERISA to such state laws, especially "fair share" laws that require employers who provide little or no health coverage to pay into a state fund. The report concludes, in part:

Given the current pre-emption structure, as states continue to pass incremental regulations and benefit mandates on insured plans, it seems clear that more employers will be forced to consider self-insuring their health benefit plans, simply as a response to the significantly growing regulatory costs. And, as the cost of insured coverage rises, smaller employers may consider dropping coverage entirely.

As the administration of President George W. Bush comes to an end, and the fiscal demands on a deficit-plagued federal government continue to increase, it seems clear that political prospects are slim that the next president and the next Congress will enact a publicly funded universal-care health care system covering all Americans. But the alternative--greater state regulation of employment-based health care, which remains the bedrock of the current system--could ultimately prove to be self-defeating if employers decide to get out of the game.

ERISA Pre-emption: Implications for Health Reform and Coverage (pdf, 16pp/740kB)

State finances and recession

The Rockefeller Institute of Government issued, on Jan. 30, a report on recessions and state finances, providing 50-state comparisons of past recessions and their effects, using the 2001 recession as a key reference point. It notes that, in the short term, a recession does not affect states' expenditures as much as tax revenues which are hit by "the ravages of a recession," and makes a cautionary observation:

...the initial response to a recession in the year of a negative revenue surprise typically includes administrative actions or a combination of administrative and legislative actions. These commonly involve across-the-board cuts, reserve-fund drawdowns, and borrowing from other parts of the budget. These actions often have no impact on longer-term structural problems, or can even make the subsequent year's problem worse. States reserve the big guns of large tax increases and spending cuts for the executive budget process, and that process can take several years to play out....

What Will Happen to State Government Finances in a Recession? (pdf, 27pp/1MB)

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In a news release Jan. 24, the National Governors Association (NGA) announced its adoption of an economic stimulus policy for Congress. In a brief information paper, the governors propose countercyclical funding to be made up of Medicaid assistance and a flexible block grant. A longer background paper provides Congress and the Administration with information on the fiscal condition of the states, the potential state role in economic stimulus, and specific policy options. Maintaining that any stimulus package should be "timely, temporary and targeted," the paper proposes six categories for Congress to consider in a formulating such a package:

• General revenue sharing
• Targeted state-federal programs for high-risk populations
• Job creation
• Mortgage default assistance
• Existing regulations (moratoriums to assist states in holding down expenditures)
• Individual income tax and business tax reductions

Economic Stimulus Information Paper (pdf, 4pp/84kB)
Economic Stimulus: A State Perspective (pdf, 11pp/88kB)

Recent GAO reports

From the Government Accountability Office (GAO):

LONG-TERM FISCAL OUTLOOK: Action Is Needed to Avoid the Possibility of a Serious Economic Disruption in the Future, GAO-08-411T (pdf, 21pp/376kB), January 29, 2008

In testimony by the Comptroller General, 3 key points:

• The federal budget is on an imprudent and unsustainable path
• Rapidly rising health care costs are our nation's number one fiscal challenge
• The window of opportunity for action is shrinking as the first baby boomers retire and begin tapping into Social Security and Medicare

STATE AND LOCAL GOVERNMENTS: Growing Fiscal Challenges Will Emerge during the Next 10 Years, GAO-08-317 (pdf, 78pp/716kB), January 22, 2008

As is true for the federal sector, the growth in health-related expenditures is the primary driver of the fiscal challenges facing the state and local government sector. In particular, two types of state and local expenditures will likely rise quickly. The first is Medicaid expenditures, and the second is expenditures by these governments for health insurance for state and local employees and retirees.

ELDERLY VOTERS: Some Improvements in Voting Accessibility from 2000 to 2004 Elections, but Gaps in Policy and Implementation Remain, GAO-08-442T (pdf, 30pp/792kB), January 31, 2008

This report covers voting accessibility by seniors and the disabled, specifically getting to polling places and being able to cast votes once they arrive. Besides impediments to wheelchair users, the forms of ballots, type size of voting instructions, and lack of ballots with audio-tape or braille ballots may affect access. GAO noted an increase in states' providing alternative voting methods such as early voting, absentee voting without medical certification, curbside voting, allowing voters to go to more accessible polling places, and taking ballots to a voter's residence. Some election officials reported that early and absentee voting added to the "cost and complexity" of elections.


BILINGUAL VOTING ASSISTANCE: Selected Jurisdictions' Strategies for Identifying Needs and Providing Assistance, GAO-08-182 (pdf, 86pp/2.8MB), January 18, 2008

This study was mandated by the "Fannie Lou Hamer, Rosa Parks, and Coretta Scott King Voting Rights Act Reauthorization and Amendments Act of 2006," P.L. 109-246 (pdf, 5pp.), section 9, regarding the implementation of section 203 of the Voting Rights Act of 1965. Section 203 is codified at 42 USC 1973b(f). GAO gathered information from 14 of the 296 jurisdictions required to provide bilingual voting assistance. It found that evaluating the effectiveness of these programs is difficult, therefore the extent to which they are helpful to language minority voters is unknown.

Elder abuse

The Hawaii Legislative Reference Bureau's new study examines states' adult protective services law, gathers data on elder and adult abusive incidence in other states, analyzes possible changes to Hawaii's laws to conform to those of other states, and estimates the predicted effects of those changes on the caseload of Hawaii's Dept. of Adult Protective Services.

A new LRB study in response to HCR 188, HD2 (Hawaii Regular Session, 2007):

A Survey of Adult Protective Services and Elder Abuse in Hawaii and Nationwide.
(2007, pdf, 65pp/1MB)

End-of-life care

The Government Accountability Office (GAO) published a report on end-of-life care in four states: Arizona, Florida, Oregon, and Wisconsin. GAO relied on studies from the Institute of Medicine (IOM) and the Agency for Healthcare Research and Quality (AHRQ) to identify six key components of end-of-life care:

• Care management to coordinate service delivery
• Services to assist individuals in noninstitutional settings
• Pain and symptom management
• Family and caregiver support
• Communication among individuals, families, and program staff
• Assistance with advance care planning

GAO interviewed providers of the following programs in the four states that incorporate these key components: Program of All Inclusive Care for the Elderly (PACE), Arizona Long Term Care System (ALTCS), Wisconsin Partnership Program (WPP), and palliative care programs.

End-of-Life Care: Key Components Provided by Programs in Four States, GAO-08-66 (pdf, 27pp/364kB), December 14, 2007 (released Jan. 14, 2008)

Respite care

The Hawaii Legislative Reference Bureau (LRB) reviews how respite care programs and states define "respite care." The Bureau researched other states' respite care programs, particularly those that offer respite care options to caregivers who are caring for older adults or adults with chronic illnesses. Finally, the Bureau looked at how five states assess their respite care programs.

A new study in response to House Concurrent Resolution 187, House Draft 1 (Hawaii Regular Session, 2007):

Gimme A Break: Respite Care Services In Other States
(2007, pdf, 70pp/1MB)

Feds blow it

The federal government failed dismally in The American Lung Association's annual report card on federal and state tobacco control legislation and policies to tighten regulation of tobacco and discourage smoking. Reuters reports that the study also found states falling far short.

"While many states have failed to make meaningful progress at protecting their most vulnerable citizens, the tobacco companies are spending billions of dollars annually marketing their deadly products," the report reads.

The report tracked progress on tobacco regulation and reported on gains, losses and issues stalled throughout 2007. According to The American Lung Association website:

The Lung Association's report card grades each of the 50 states, the District of Columbia and Puerto Rico on their tobacco control policies in smokefree air, cigarette tax, tobacco prevention spending, and youth access to tobacco products. The report grades federal tobacco control efforts on cigarette tax, giving the FDA authority over manufactured tobacco products, cessation and ratification of the international tobacco control treaty.

Hawaii faired much better than the federal government and many states, receiving A's and B's in the Association's four areas of analysis:

1. Tobacco Prevention & Control Spending (A)
2. Smokefree Air (A)
3. Cigarette Tax (B)
4. Youth Access (B)

For 2007, The American Lung Association

recognizes Hawaii for increasing its cigarette tax by $0.20 to $1.80 per pack, and for funding its tobacco control program above the minimum level recommended by CDC for the first time.

The American Lung Association State of Tobacco Control 2007
(2007, HTML)

Press Release (HTML)

State Summary for Hawaii
(HTML)

Smart grid

On Dec. 19, President Bush signed into law the Energy Independence and Security Act of 2007, H.R.6, which became P.L. 110-140 (not currently available online). According to a NY Times article, it is "Legislation that will slowly but fundamentally change the cars Americans drive, the fuel they burn, the way they light their homes and the price they pay for food...."

On Dec. 20, the Congressional Research Service (CRS) issued a report on Smart Grid, provided for in Title XIII of the act.

The term Smart Grid refers to a distribution system that allows for flow of information from a customer's meter in two directions: both inside the house to thermostats and appliances and other devices, and back to the utility....The goal is to use advanced, information-based technologies to increase power grid efficiency, reliability, and flexibility, and reduce the rate at which additional electric utility infrastructure needs to be built.

Section 1307 therein provides for state consideration of Smart Grid. As summarized by CRS:

The Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2621 (d)) is amended to require each state to consider requiring electric utilities demonstrate that prior to investing in non-advanced grid technologies, Smart Grid technology is determined not to be appropriate. States must also consider regulatory standards that allow utilities to recover Smart Grid investments through rates.

Smart Grid Provisions in H.R. 6, 110th Congress, CRS Report RL34288 (pdf, 11pp/248kB, from Open CRS), December 20, 2007

Video of Speaker Nancy Pelosi speaking in favor of the bill, Dec. 6, 2007 (10:03), from YouTube:

Guide to Hawaii government

The 13th edition of Guide to Government in Hawaii has just been published. The Guide is a companion volume to the Directory of State, County and Federal Officials. Both are publications of the Library. The Guide describes state and county departments and their organization and agencies of the federal government having offices in Hawaii. Organizational charts of the state government, state departments, and the counties are also included.

Guide to Government in Hawaii (pdf, 255pp/2.2MB)
(available for complete download or by agency)

State greenhouse gases

This week the Congressional Research Service (CRS) issued a report on state greenhouse gas (GHG) emissions.

The report uses three variables, or emissions drivers, to calculate GHG emissions: population, per capita income, and GHG emissions intensity. Of the three, CRS considers GHG intensity the most relevant to climate change policy. GHG intensity is a measure of GHG emissions from state sources divided by the gross state product (GSP). Hawaii ranks 46th in GHG emissions and drivers. The report also covers CO2 emissions intensity, which account for 85% of GHG emissions in the U.S. In a ranking of CO2 emissions intensity and its drivers, Hawaii ranks 34th.

State Greenhouse Gas Emissions: Comparison and Analysis, CRS Report RL34272 (pdf, 34pp/200kB, from Open CRS), December 5, 2007

State business climates

In October the Tax Foundation published a report comparing states' tax systems in attracting new businesses and generating economic growth. The report says state lawmakers "are often tempted to lure business with lucrative tax incentives and subsidies instead of broad-based tax reform." If a state resorts to the former, "it is most likely covering for a woeful business tax climate. This can be a dangerous proposition." Instead, the authors advocate improving a state's business tax climate for the long term and propose that lawmakers remember two rules:

1. Taxes matter to business. Most importantly, taxes diminish profits. That cost is passed along to consumers, workers, or shareholders. Thus a state with lower tax costs will be more attractive to business investment, and more likely to experience economic growth.

2. States do not enact tax changes in a vacuum. Every tax law will in some way change a state's competitive position. Ultimately it will affect the state's national standing as a place to live and to do business.

The report's index is based on five component indexes: corporate tax, individual income tax, sales tax, unemployment tax, and property tax. Hawaii ranks 22nd overall.

The mission of the Tax Foundation, a nonpartisan educational organization founded in 1937, is "to educate taxpayers about sound tax policy and the size of the tax burden borne by Americans at all levels of government."

2008 State Business Tax Climate Index (pdf, 64pp/2MB)

Dealing with "symbols of fear and violence"

From the Jena Six case in Louisiana to the recent (Oct. 22) sending of a noose to a black principal in Brooklyn, as reported by the New York Times, there has been a growing number of incidents involving nooses. The latter AP story, found on the ABC News website, notes that "the frightening symbol of segregation-era lynchings has been turning up around the country."

Earlier this month, the Congressional Research Service (CRS) issued a report on state laws against what are basically hate crimes. According to the report, virtually every state has criminal statutes covering burning crosses, exhibitions of nooses, and similar displays, or those that cover coercion, terroristic threats, harassment, or the deprivation of civil rights that can be applied to misconduct like cross burning. CRS provides an extensive analysis of First Amendment protection of speech and expressive conduct relating to these statutes.

CRS also notes that most states have enhanced sentencing laws for hate crimes. In Hawaii, §706-662, Hawaii Revised Statutes, provides for extended terms of imprisonment. Subsection (6) therein specifically covers hate crime offenders. On October 1, 2007, in State v. Maugaotega (html) (pdf, 39pp.), the Hawaii Supreme Court declared §706-662 unconstitutional because it authorizes a court, rather than a jury, to make the finding that an extended term is necessary.

Burning Crosses, Hangman's Nooses, and the Like: State Statutes That Proscribe the Use of Symbols of Fear and Violence with the Intent to Threaten, CRS Report RL34200 (pdf, 20pp/144kB, from Open CRS), October 5, 2007

States and nation fail women's health

The National Woman's Law Center (NWLC) and Oregon Health & Science University Center for Women's Health (OHSU) jointly released a nation and state-by-state report card on the "current state of women's health status and health policies."

First, for the bulk of indicators of the status of women's health, the nation as a whole and the individual states are falling further behind in their quest to reach national goals for women's health.

The Report Card examines status and policy indicators in four categories:

1. Women's Access to Health Care Services
2. Addressing Wellness and Prevention
3. Key Health Conditions, Diseases and Causes of Death for Women
4. Living in a Healthy Community

Hawaii, though ranked 7 in comparison to other states, received an overall grade of Unsatisfactory. Lowest Hawaii marks were in Addressing Wellness and Prevention, failing with a low 37th place in "Screenings". Only the top three states (Vermont, Minnesota, Massachusetts, respectively) received other than Unsatisfactory with a score of Satisfactory Minus.

In its summary, the report states:

• The nation still receives an overall grade of unsatisfactory.
• No state received an overall grade of satisfactory.

Making the Grade on Women's Health: A National and State-by-State Report Card
(October 2007, HTML interactive)

Hawaii's Report Card (HTML)
National Report (HTML)
Key Findings (HTML)

Climate change impacts public sector budgets

University of Maryland's Center for Integrative Environmental Research (CIER) released their report examining direct and indirect costs of climate change to America as a nation and to the many communities within.

The direct costs of not taking on the challenges posed by climate change are often neglected - and typically not calculated. The indirect effects are considered even less frequently, yet can be substantial ... All sectors of the economy will be affected.

Climate change impacts placing "immense strains on public sector budgets" and the uneven distribution of impacts across the country are two of several key lessons presented and supported in this study.

Recent estimates indicate that a sea-level rise of nearly 20 inches (50 cm) by 2100 would cause $23-170 billion in damages to coastal property throughout the US. In Hawaii, sea level rise will require upgrades to the drinking and wastewater infrastructures -- at a cost that exceeds $1 .9 billion over the next 20 years...

The biggest threats to [Hawaii's] already burdened infrastructure will be sea level rise and tropical storms.

CIER, established in 2006 as a multidisciplinary environmental research and collaboration group, works to develop "strategies and tools to guide policy and investment decisions, particularly to help mitigate climate impacts."

The US Economic Impacts of Climate Change and the Costs of Inaction
(October 2007, pdf, 51pp/5.2MB)

Executive Summary (pdf, 12pp/1.7MB)

Regional Highlight: Hawaii and US Affiliated Islands (pdf, 2pp/136KB)

ABCadabdra

The Washington Post (WP) reported today on the new study of state achievement tests published by the Thomas B. Fordham Institute. According to WP, the study:

offers evidence that the No Child Left Behind law's core mission -- to push all students to score well in reading and math -- is undermined by wide variations in how states define a passing score.

The study's aim was to investigate three research questions related to the NCLB policy calling for all students' proficiency in reading and mathematics by 2014, and expecting each state to define that "proficiency."

1. How consistent are various states' expectations for proficiency in reading and mathematics?
2. Is there evidence that states' expectations for proficiency have changed since NCLB's enactment?
3. How closely are proficiency standards calibrated across grades?

The researchers found that "improvements in passing rates on state tests can largely be explained by declines in the difficulty of those tests."

According to the study, "State tests vary greatly in their difficulty." Thus a student could pass in, say, Michigan where the proficiency passing score is among the lowest in the country, and test lower than five-sixths of the same-grade students in the rest of the country.

What [parents and teachers] don't know is that "proficient" doesn't mean much. This is the proficiency illusion.

The Proficiency Illusion
(October 2007, 238pp/pdf, 2.1MB)

In a Nutshell, a summary
(1p/73KB)

Health care dollars - state by state

Health Affairs published today their study on state health care spending, presenting "updated per capita health spending estimates by state of residence for 1991-1998 and new estimates for 1999-2004." Examining the "huge variations in personal health spending among states," (New York Times, September 18, 2007), the authors feel "can yield new perspectives on recent state health spending trends and provide context for policy discussions,"

Finally, these data can shed light on differences in state health care delivery and consumption and on the demographic and economic factors that contribute to health care spending patterns.

Health Affairs is a peer reviewed journal of health policy thought and research:

Every article Health Affairs has ever published is available online at www.healthaffairs.org. The 25-year archive is fully searchable. All back content is free access after three years. Selected content is free access at time of posting...

Health Spending By State Of Residence, 1991-2004
(available in HTML and pdf, 13pp/140KB)

Internet taking state cigarette taxes

A discussion paper from the Stanford Institute for Economic Policy Research (SIEPR) examines the rise of cigarette sales on the Internet and the concominant loss of cigarette tax revenues by states. According to the paper, since 2002, 36 states have raised cigarette taxes to counter budget deficits. Although technically subject to state taxes, Internet sales are vitually tax free because tax collection is ineffective. The authors cite New York State's attempt to ban Internet cigarette merchants as its estimated loss of revenue from the Internet, "800 numbers," and Indian reservation sales is $500 to $600 million annually.

The SIEPR study finds:

...the increased sensitivity from cigarette smuggling over the Internet has lessened the revenue generating potential of recent cigarette tax increases substantially. Given the continuing growth of the Internet and of Internet cigarette merchants, the results imply serious problems for state revenue authorities.

Playing with Fire: Cigarettes, Taxes and Competition from the Internet, SIEPR Discussion Paper No. 07-02 (pdf, 43pp/404kB), September 2007

State e-waste laws

Twelve states (AR, CA, CT, ME, MD, MA, MN, NH, OR, RI, TX, and WA) have enacted laws on managing electronic waste. A recent report from the Congressional Research Service (CRS) analyzes these laws - discussing the issues leading to state action, their common elements, and an overview of each law.

CRS considers the following issues as spurring state legislation: the volume and bulky nature of e-waste, hazardous components of e-waste, cost of recycling electronics, and the inability of stakeholders to agree on a national system. The common provisions of the laws noted by CRS are: definition of "covered electronic devices" (CEDs); funding mechanism (consumer or producer pays); collection and recycling criteria (banning landfill disposal, restricting e-waste exports, setting recycling standards, and prohibiting prison labor); and product restrictions (labeling and registration requirements, restrictions on using certain materials, and restrictions on retailers).

Managing Electronic Waste: An Analysis of State E-Waste Legislation, CRS Report RL34147 (pdf, 24pp/156kB, from Open CRS), August 29, 2007

Caregiving costs

A study issued June 25 by the AARP Public Policy Institute estimates the value of unpaid caregiving by family and friends at $350 billion nationally and $1.25 billion in Hawaii. Both the Honolulu Advertiser and the Star Bulletin reported on the study.

While $350 billion is attributed to actual caregiving, the report also cites other costs:

• Out-of-pocket costs (groceries, medicines, other cash support)
• Lost wages and retirement income (adverse effects on job security, career paths, employment benefits, and Social Security and pensions)
• Lost productivity (losses to businesses include absenteeism, workday interruptions, unpaid leave, reductions in hours from full-time to part-time)
• Health effects and associated costs (caregivers putting their own health at risk is a growing public health concern)

Valuing the Invaluable: The Economic Value of Family Caregiving (Issue Brief, pdf, 12pp/528kB)

Valuing the Invaluable: A New Look at State Estimates of the Economic Value of Family Caregiving (Data Digest, pdf, 8pp/576kB)

Good-bye, trash

Yesterday both Honolulu dailies, the Advertiser and the Star Bulletin, published articles on the city's plans to send its trash to the mainland beginning in early 2008. The Advertiser cited a recent U.S. Supreme Court decision (pdf) upholding "flow control" ordinances that would support Honolulu's plans. (Today the Advertiser reported briefly on Oahu's limited landfill options.)

For a national overview, last week the Congressional Research Service (CRS) issued a report on interstate shipment of solid waste (the data being generally from 2005). According to CRS, the largest waste importer is Pennsylvania, receiving over 7.9 million tons, most of it from New York and New Jersey; NY and NJ are the largest exporters. For Oahu's waste, the Advertiser reported that three companies are considering shipping trash to Washington or Oregon. In the CRS report, Oregon imported over 1.7 million tons and Washington over 147,000 tons of waste, both as of 2005.

Interstate Shipment of Municipal Solid Waste: 2007 Update, CRS Report RL34043 (pdf, 30pp/260kB, from Open CRS), June 13, 2007

Boomers become pre-seniors

In reporting on a study from the Brookings Institution on the demographics of the impending "senior tsunami," the New York Times focused on one of the study's findings, the effect of the aging population on the nation's suburbs. It quoted the author, William H. Frey: "Suburbs, which previously were considered youthful and family-friendly parts of America, will, as more seniors age in place, become a fast-graying part of our national landscape."

Other findings:

• Aging boomers make pre-seniors (ages 55-64) this decade's fastest-growing age group
• Pre-seniors are increasing rapidly everywhere, esp. in economically dynamic Sun Belt areas such as Las Vegas, Austin, Atlanta, and Dallas
• Seniors (ages 65+) are growing fastest in the Intermountain West and South Atlantic states
• In states where senior populations will grow fastest, "aging in place" rather than migration will drive this growth

A capsule conclusion:

Today's seniors and pre-seniors are upending traditional notions of how and where Americans spend their later years. The rise of boomer populations in suburban and Sun Belt locations will create new demand for senior-oriented housing and amenities. As older populations age in place, however--especially in the suburbs of slower-growing metropolitan areas--public policies must respond to the new stresses they will exert on health, transportation, and social-support systems.

Mapping the Growth of Older America (pdf, 28pp/1MB)

Legal Services Corporation

Since 1975, the private, non-profit, and federally funded Legal Services Corporation (LSC) has provided civil legal services to the poor. The Congressional Research Service (CRS) recently published a report on LSC's background and funding. LSC's primary responsibility is to oversee federal funds granted to local legal services providers, called LSC grantees. LSC grantees supplement LSC monies with other government and private funding, from such programs as the federal Violence Against Women Act (VAWA), private foundations, and national, state, and local bar associations. In FY2007 Congress appropriated $348.6 million to LSC. In FY2006, Hawaii received approximately $1.46 million from LSC, 22% of a total $6.6 million in funds to serve low-income clients.

According to the report, under federal law LSC grantees may not engage in certain actions, such as those related to redistricting, abortion, assisted suicide, drug-related eviction proceedings, or reforming a federal or state welfare system.

In 2006, CRS reports, LSC funded 138 local programs with 3,600 attorneys, down from 320 local programs with 4,500 attorneys in 1994.


Legal Services Corporation: Background and Funding, CRS Report RL34016 (pdf, 14pp/112kB, from Open CRS), May 23, 2007

State flowers at risk

An AP article May 19 reported on the publication of The Gardener's Guide to Global Warming (pdf, 40pp/1.54MB) from the National Wildlife Federation (NWF). According to the report, global warming threatens 18 state flowers and 17 state trees.

Shifts in average temperatures, precipitation patterns, and other changes due to global warming will mean that many native and iconic plants may no longer find suitable climate conditions in major portions of their historic range. In fact, many states across the country may lose their official State Trees and State Flowers. Imagine Kansas without the sunflower (Helianthus annuus) and Ohio without the Ohio buckeye (Aesculus glabra)!

"Maybe in 100 years the Texas bluebonnet will be the Kansas state flower," a horticulturist commented in the article. NWF has provided a map showing the vulnerable states. Fortunately for Hawaii, the yellow hibiscus is not threatened.

Yellow hibiscus (pua ma'o hau hele; Hibiscus brackenridgei); photo courtesy of State of Hawaii, DBEDT

One country, one card, one hearing

The Sacramento Bee reported Sunday on the U.S. Department of Homeland Security (DHS) proposal for states to enhance driver's licenses and identification cards to minimum standards. DHS publishes the proposed rule and a questions and answers page on their website.

The Bee writes [my emphasis]:

On Tuesday, both sides will have their say when the U.S. Department of Homeland Security holds the nation's only public hearing on the 2005 Real ID Act [P.L. 109-13] on the campus of the University of California, Davis.

State officials from throughout the nation are scheduled to attend the four-hour town hall meeting, which begins at 10 a.m in Freeborn Hall.

Considered by many to be a de facto national identity card, Real ID further alarms with the threat of pervasive ID theft and the all too real, staggering costs to states to implement such a system.

It's uncertain where the money will come from. The Real ID Act allows states to use some of their homeland security funding, but critics say this would increase vulnerability elsewhere.

On February 28, U.S. Sens. Daniel Akaka, D-Hawaii, and John Sununu, R-N.H. introduced legislation (S. 717) that would repeal the Real ID Act's requirement for nationally standardized driver's license data and systems.

To repeal title II of the REAL ID Act of 2005, to restore section 7212 of the Intelligence Reform and Terrorism Prevention Act of 2004, which provides States additional regulatory flexibility and funding authorization to more rapidly produce tamper- and counterfeit-resistant driver's licenses, and to protect privacy and civil liberties by providing interested stakeholders on a negotiated rulemaking with guidance to achieve improved 21st century licenses to improve national security.

Global storm

Charged with finding the top ten actions federal policymakers could take to insure that America can successfully compete, prosper and be secure in the new world technology of the 21st century, the National Academies found the necessary technological and scientific building blocks seriously eroding.

"A comprehensive and coordinated federal effort is urgently needed to bolster U.S. competitiveness and pre-eminence in these areas [the marketplace, science and technology] so that the nation will consistently gain from the opportunities offered by rapid globalization," says a new report published by the National Academies Press (NAP).

Some of their recommendations include:

• Increase America's talent pool by vastly improving K-12 mathematics and science education.
• Sustain and strengthen the nation's commitment to long-term basic research.
• Develop, recruit, and retain top students, scientists, and engineers from both the United States and abroad.
• Ensure that the United States is the premier place in the world for innovation.

As reported in earlier FR posts, states have already begun the conversation focusing on the need for an educated and world aware citizenry .

Rising Above The Gathering Storm:
Energizing and Employing America for a Brighter Economic Future
(2007, 590 pages, Open Book, NAP)

Juvenile justice in Congress

Anticipating that Congress will consider the reauthorization of the Juvenile Justice and Delinquency Prevention Act (JJDPA), the Congressional Research Service (CRS) has prepared a report on the subject.

Originally enacted in 1974, P.L. 93-415, JJDPA was last reauthorized in 2002 by the 21st Century Department of Justice Appropriations Authorization Act, P.L. 107-273 (pdf), Division C, Title II, Subtitle B. As CRS reports, juvenile justice is primarily the domain of the states. JJDPA created the federal agencies and grant programs to assist states' juvenile justice systems, and established core mandates for states to receive grant funding.

CRS sees the following as potential issues in JJDPA's reauthorization:

• Rehabilitation versus accountability
• Expanding or modifying the core mandates
• Juvenile Delinquency Prevention Block Grant
• Overlap in grant programs
• Coordination of federal efforts

Juvenile Justice: Legislative History and Current Legislative Issues, CRS Report RL33947 (pdf, 37pp/204kB, from Open CRS), April 2, 2007

Unfunded mandates

One of the provisions of the Unfunded Mandates Reform Act (UMRA) of 1995, P.L. 104-4 (pdf, 25pp/144kB), requires the Congressional Budget Office (CBO) to inform Congress about the costs of mandates in proposed legislation. CBO has issued a report on its 2006 UMRA actions.

Under UMRA, a mandate is any provision in legislation, statute, or regulation that would impose an enforceable duty on state, local, or tribal governments or the private sector, or that would reduce or eliminate the amount of funding authorized to cover the costs of existing mandates

Of the 321 public laws enacted in 2006, 30 contained one or more intergovernmental mandates, and 39 contained one or more private-sector mandates. Two public laws contained intergovermental mandates whose costs exceeded the statutory threshold of $64 million.

In addition to identifying mandates passed in 2006, the report gives overviews of mandate statements prepared by CBO in 2006 and mandates with above-threshold costs enacted since 1996.

A Review of CBO's Activities in 2006 Under the Unfunded Mandates Reform Act (pdf, 72pp/592kB), April 2007

Education state cards

The Alliance for Excellent Education recently published their updated state cards. According to the Alliance web site, the state card

provides a statistical snapshot of high schools for the United States and includes data on funding, teachers' salaries, graduation rates, college readiness, and academic achievement.

Washington Post (WP) reported Thursday on the Maryland State Card, which "could be a crucial tool in Maryland legislators' discussions about educational funding priorities."

Using the national standardized test scores of the National Assessment of Educational Progress (NAEP) and compiling data on teachers' salaries and data collection abilities, the Alliance state cards reported on three overall findings for the U.S. (pdf) and for each of the fifty states and D.C.:

1. High school dropouts cost the United States billions in lost wages. High costs, 50-state breakdown (pdf)
2. The United States' economy could see billions in wealth accumulation by raising the high school graduation rate. Hidden benefits, 50-state breakdown (pdf)
3. The United States could save billions in health care costs by raising high school graduation rates. Health care costs, 50-state breakdown (pdf)
   

Besides these three findings, the Hawaii State Card includes:

Hawaii's economy would see millions if the minority graduation rate was raised to the level of their white classmates.

Hawaii Directory of Officials

Distribution of the print edition of the Library's volume, Directory of State, County and Federal Officials in Hawaii, 2007, will begin later next week. However, the digital edition is currently available for download. The publication contains department and agency listings with phone and fax numbers, and mail and e-mail addresses. A supplement to Guide to Government in Hawaii, the Directory is published annually.

Directory of State, County and Federal Officials in Hawaii, 2007
(available in pdf as complete volume and by section, from Hawaii LRB)

A risky education

Washington Post (WP) reported today on last week's published U.S. Chamber of Commerce and the Center for American Progress joint school-improvement platform. The WP story writes:

Among the document's most controversial proposals is a call for states and school systems to "fairly and efficiently remove ineffective teachers."

The platform also urged the development of statewide data systems to help track student achievement and teacher effectiveness. It also called on schools to expand student learning time -- which encompasses classroom time, tutoring and after-school and experiential programs -- and called for states to adopt a common definition of graduation rates.

The Center states much of their recommendations was built on the data as reported in the interactive state-by-state map, Education Report Card.

The U.S. Chamber of Commerce offered details of their grading methodology (Hawaii's grades follow each category):

1. Academic Achievement (F)
2. Academic Achievement of Low-Income and Minority Students (C)
3. Return on Investment (F)
4. Truth in Advertising About Student Proficiency (B)
5. Rigor of Standards (D)
6. Postsecondary and Workforce Readiness (F)
7. 21st Century Teaching Force (B)
8. Flexibility in Management and Policy (B)
9. Data Quality (A)

In the WP article, Tom Donohue, chamber president, says:

Without real leadership in education reform, our economic future and prosperity are at risk.

Leaders and Laggards: A State-by-State Report Card on Educational Effectiveness
(February 2007, pdf, 88pp/1.2MB)

Overview (html)
Major Findings (html)