American Legislative Exchange Council Spring Meeting brings together hundreds of state legislators in Oklahoma City May 2-3

OKLAHOMA CITY – Governor Mary Fallin will speak to hundreds of state legislators from across the country on May 3 at the American Legislative Exchange Council’s (ALEC) Spring Task Force Summit. The two day summit will be held this year at the Cox Convention Center in Oklahoma City.

Fallin, who was named a “Legislator of the Year” by ALEC while serving as a state representative, will discuss this year’s legislative session and highlight the success of pro-growth policies in Oklahoma.

“In Oklahoma, we are working to reduce taxes, limit the size and scope of government, and provide a reasonable regulatory environment for businesses to operate,” Fallin said. “By focusing on those policies, Oklahoma lawmakers have helped contribute to remarkable economic growth and job creation, as well as one of the lowest unemployment rates in the nation. I’m proud to be able to share those successes with legislators from across the country and to highlight the great work being done in our state.”

ALEC is America’s largest nonpartisan, voluntary membership organization, comprised of nearly one-third of the country’s state legislators. The organization provides the opportunity for citizen groups, business leaders and state lawmakers to share experiences and develop state-based, pro-growth model policies. The model policies, which are based on academic research, existing state policy and proven business practices, are aimed at making government more efficient and effective. All model policies can be found at alec.org.

The Spring Task Force Summit serves as an educational opportunity to bring legislators together to exchange ideas and learn about the latest public policy trends and research. Legislators have the opportunity to attend workshops on a variety of topics, including college preparedness and American energy opportunities. On the final day of the conference, attendees will be able to pay tribute to the victims of the Oklahoma City bombing by visiting the memorial and museum.

“We are honored to have Governor Fallin speak at our meeting, and we are thankful to the people of Oklahoma City for graciously hosting us,” said Ron Scheberle, executive director of the American Legislative Exchange Council. “We look forward to a productive meeting and to experiencing all the culture and history Oklahoma City has to offer.”

Media are invited to attend Governor Fallin’s remarks during a breakfast meeting on May 3 from 8:00-9:15 am. Reporters interested in covering this event do not need credentials, but should expect to sign in at a press table located in the registration area. The subsequent business meetings are reserved for registered members of the organization.

Report ranks states comparing state education policies to NAEP data

Washington, D.C. (April 1, 2013)—State-based school choice initiatives, voucher programs and alternative teacher certification measures positively impact the achievement rates of students, according to a new report released by the American Legislative Exchange Council.

The 18th Report Card on American Education: Ranking State K-12 Performance, Progress, and Reform found that among other initiatives, alternative teacher certification mirrored improvement in academic achievement, with Florida leading the way in implementing alternative certification programs. Data between 2003 and 2011 show Florida’s alternative teacher certifications, along with its school voucher initiatives and curbing of social promotion policies, have coincided with an increase in student test scores.

The report highlights the states that adopted similar policies to Florida’s in 2012. While Massachusetts continues to lead the states on National Assessment of Educational Progress (NAEP) scores, other states that have adopted school choice policies have seen an increase in test scores, including Indiana, which leads the states in education reform policy.

“There is still a lot of work to be done to provide our nation’s students with the tools they need to succeed,” said Dr. Matthew Ladner, the report’s co-author. “While there are many factors that affect student achievement, our report identifies trends between freedom of choice in education and student test scores.”

The report grades all 50 states and the District of Columbia according to NAEP scores, state education policies, charter school regulations and other benchmarks. Additionally, the report discusses what administrators, parents and teachers can do to make a difference in enhancing the educational opportunities available for students across the country.

Authors Matthew Ladner and Dan Lips rank states based on two factors, the first being  student performance and progress on NAEP exams:

Student Performance (2011 NAEP Scores)

Top Five

1. Massachusetts
2. Vermont
3. New Jersey
4. Colorado
5. Pennsylvania

Bottom Five

47. Missouri
48. Mississippi
49. Louisiana
50. South Carolina
51. West Virginia

The authors then assign states a letter grade based on education reform policies, including academic standards, school choice programs, charter schools, online learning and “Last-In, First-Out” (LIFO) policies.

Education Reform Policy Grades

2012 Highest Scoring Reform States 

“B+” Indiana
“B+” Arizona
“B+” Oklahoma
“B” Florida
“B” Ohio

2012 Lowest Scoring Reform States

“D+” West Virginia
“D+” South Dakota
“D” Montana
“D” North Dakota
“D” Nebraska

“The Report Card on American Education provides parents, educators and lawmakers with the resources they need to make informed education decisions,” said Exchange Council Executive Director Ron Scheberle. “As America works to restore its academic competitiveness, it’s critical that decision makers be armed with key insights on where the greatest attention for education policy reform is needed.”

To view the Report Card on American Education and to see individual state education data, visit www.alec.org/reportcard or www.alec.org.

###

The American Legislative Exchange Council is the largest nonpartisan, voluntary membership organization of state legislators in the United States. The Council is governed by state legislators who comprise the Board of Directors and is advised by the Private Enterprise Advisory Council, a group of private, foundation and think tank members. For more information about the American Legislative Exchange Council, please visit: www.alec.org.  

Contact: Molly Fuhs
mfuhs@alec.org
202-742-8512 x230

April 1, 2013

Article reproduced with permission from Warren Communications News Inc. — www.warren-news.com or 800-771-9202. Please do not further redistribute this or post online without permission from Warren Communications News.

The push to keep states from regulating Internet Protocol-enabled services goes strong in 2013. Legislators in more than half a dozen states introduced such IP bills this year. More than two dozen states had already passed laws before 2013 began, California prominent among them (CD Oct 2 p7). The IP transition’s urgency escalated when AT&T introduced an FCC petition urging transition trials last November, and it’s widely accepted that much voice traffic will shift to VoIP and IP-enabled frameworks in the next decade amid these transforming state roles. Proponents and observers told us these state laws will keep appearing, while NASUCA and AARP fear they’ll create public safety and affordability risks.

States that introduced such bills include Arkansas, Arizona, Colorado, Connecticut, Iowa, Kansas, Nevada, North Dakota and Wyoming. Some bills lost their fire, while others have already become law. Industry coalitions helped craft some of these bills, as national trade groups urge them forward. They tend to exclude states from regulation but often include exceptions for 911 charges and other funding mechanisms.

“We like to keep these things neat,” said Voice on the Net Coalition Executive Director Glenn Richards, referring to the easier passage of bills that address specifically VoIP old VON Coalition comprises 11 companies including AT&T, Cisco, Google, Microsoft, Skype, TMobile, Vonage and Yahoo, and Richards has submitted testimony in and visited many state legislatures considering these bills. He’s pleased with 2013: “We’ve seen a lot of positive developments.”

“This is a clarion call for Congress and the FCC” to reform the Communications Act, the American Legislative Exchange Council’s John Stephenson told us. “It’s showing the federal government a possible way forward on communications law.” Stephenson, director of ALEC’s Communications and Technology Task Force, counts at least 26 jurisdictions that recognized the need for what he calls a “new regulatory framework,” no longer from the Ma Bell era. ALEC has advocated against state utility regulation of IP for years through model legislation, and Stephenson describes himself as an educator of different ALEC members. The 40-year-old council contains industry members, including AT&T, Verizon and

Time Warner Cable, as well as state legislators, who together collaborate on its model bills, all posted online this year. “What I am seeing more of is a recognition among policy makers this needs to happen,” Stephenson said, calling it “clearly a priority for the tech and telecommunications industries.”

Three states have acted decisively. Arkansas passed an emergency communications law March 19 with a provision exempting VoIP service and VoIP providers from Arkansas Public Service Commission regulation. Wyoming’s Legislature passed its bill in February, shepherded through industry and other stakeholder concerns largely by the office of Republican Gov. Matt Mead last year (CD Feb 1 p7). The governor signed the bill, according to Deputy Chief of Staff Tony Young, and it’ll become law July 1. Kansas’s bill awaits a governor’s signature after passing out of the Legislature Tuesday, with only a single no vote total in both legislative bodies. AT&T actively supported such bills, such as in California before and in Wyoming and Kansas. In those states, stakeholder coalitions hashed out bills’ details far in advance of them hitting the legislative floor. “We’ve been seeing a lot more stand-alone bills,” Stephenson said.

“I think there is inevitability,” National Regulatory Research Institute Principal Telecom Researcher Sherry Lichtenberg told us of the national move toward these IP bills. “Maybe this is all a generational change.” NRRI is NARUC’s research arm, and Lichtenberg studies state deregulation effects, with recent results showing few troubles. She suspects more than 30 jurisdictions will restrict IP regulation by the year’s end. “We may not have a whip, but we certainly have the kind of knowledge that might be used to collaborate,” Lichtenberg said, suggesting state regulators might move toward a coordination role.

NASUCA has “a tremendous amount of concern,” Acting Telecom Chair Regina Costa said. Industry has “virtually unlimited resources” and “has done a pretty good job of disguising the impact of these kinds of bills,” she said. She pointed to the role of states in ensuring affordable, reliable communications service, which she feels is best done by public utility commissions. “These bills are not about the Internet,” she said, dismissing the idea that they promote tech investment. AARP warned against Connecticut’s 2013 bill, as in some other states, and in testimony (http://1.usa.gov/YOHFTq) encouraged the state to “explicitly and unambiguously acknowledge that Connecticut now possesses the authority to regulate VoIP.” The association cautioned the new technology is vulnerable, citing “extreme” weather events and suggesting other states passed their IP laws “perhaps before these states had a chance to consider the implications.” The wave of bills came from “aggressive industry lobbying” despite and because of state regulators, such as in New Hampshire and Massachusetts, who had asserted jurisdiction over VoIP, AARP said, noting industry’s “veiled threats of withholding innovation and investment.” Costa noted the bill is “front and center” on her Connecticut NASUCA colleagues’ agendas.

North Dakota is the rare state that dialed back its bill. Senate Bill 2234 calls for a “legislative management study” of VoIP but demands no regulatory changes (http://bit.ly/11nUBWE). But an earlier draft said the state can’t “directly or indirectly regulate the entry, rates, terms, or conditions” of IP or VoIP (http://bit.ly/XsnVon). The bill passed the Senate 47-0 in February, the House 88-5 Wednesday and now returns to the Senate. Industry in North Dakota hadn’t coalesced around that bill as well as in other states like Kansas, where stakeholders were “lock step,” according to Richards: “They just needed more time to think about it,” he said, noting the state’s short legislative season and a perception that the state commission wasn’t going to be “aggressive” in trying to regulate VoIP. He contrasted that with the Kansas Corporation Commission, which asserted authority over interconnected VoIP service in January — a position nullified under the pending Kansas bill (CD Feb 20 p5). In Iowa, the Legislature opted for a study bill as well to await a proceeding of the Iowa Utilities Board, Richards added. State regulators’ views “run the gamut but at the end of the day they are charged with enforcing their states’ laws,” Stephenson said.

New England remains less receptive. Stephenson emphasized New York and Connecticut as holdouts but pointed to New York’s emerging tech economy as a potential impetus for a bill’s passage. “I think that being a priority for the mayor [Michael Bloomberg of New York City] will really change the paradigm,” promoting greater awareness of regulatory costs, he said. Tech-focused Massachusetts adjusted IP regulations, he said. Richards also pointed to Connecticut and New York as holdouts. One of the biggest hurdles in putting together a successful bill tends to be rural phone companies “concerned about creating what they perceive to be an unlevel playing field,” Richards said. There’s also funding issues related to state USF and 911, he added, noting that VON never objects to those provisions as long as state and federal language is consistent.

Consumer concerns are minimal, bill proponents said. States retain a role — not carrier-of-last resort obligations or pricing but a general tax and consumer protection role, Stephenson added. ALEC is examining what IP-world policies should guide disaster recovery, focused on mobile technology and state tax treatment of companies, Stephenson said. “California was it,” Richards said of consumer outcry, pointing to The Utility Reform Network’s concerns voiced as that state passed legislation. “When have the states stepped back and reversed field? No states have done that.” There’s a “minuscule” number of complaints against VoIP providers, Richards warranted as a reason. States can and may reverse the laws if necessary, Costa said, noting they’re in their “infancy” and that the biggest companies like AT&T and

Verizon have not yet moved en masse to IP services.

“The IP transition is under way, and I’d argue it’s much further along on the state level,” Stephenson said. “They are experimenting with these different regulatory frameworks,” often turning to a “light touch” and “market-based” approach.

Richards hopes his job will get “easier” going forward and suggested it will as he’s able to tell legislators, “’Your neighboring states have done this.’” VON and the VoIP community will revisit these issues this fall to consider how circumstances have changed in certain states. This year’s legislative season is now “over the tipping point,” he said.

Bonner R. Cohen, a senior fellow with the National Center for Public Policy Research, examines the recent trend of state lawmakers who are calling to revise renewable energy mandates that have failed to produce meaningful results. Spurring debate over geographic limitations for building wind power farms to increased electricity costs and consumptions, Cohen gleans insights from Todd Wynn, director of the Energy, Environment, and Agriculture Task Force for the American Legislative Exchange Council:

“States all across the country are taking a second look at these mandates which foist higher-cost, intermittent electricity on the backs of ordinary citizens… North Carolina is taking a step forward by ensuring the generation of affordable and reliable energy and thus protecting low-income families that are hit hardest by costs imposed by state renewable energy mandates.”

Read the full article here.

Stephenson stresses that the privacy discussion is nuanced and policymakers must realize that any future legislation addressing this topic must not interfere with future innovation. Here are some other key takeaways:

• Privacy is a vague concept that some consider a fundamental right, though the Constitution does not explicitly mention a right to privacy.
• As new technologies develop and Internet usage continues to become more prevalent, what is considered private is constantly up for discussion, particularly since the advent of social networking.
• The concept of what privacy entails on the Internet, and whether it includes consent and sensitive data, is important considering the staggering amount of information that is created every day.

Read the full post here.

New Chairman Provides Free Market Healthcare Solutions for the Future 

WASHINGTON, DC (March 25, 2013) – The American Legislative Exchange Council today announced the appointment of the Honorable Judson Hill, GA (SD-32) as Chairman of the Task Force on Health and Human Services. This appointment is of particular importance as the Council enters its 40^th year of focusing on economic issues and pro-growth policies that create opportunity for all Americans.

“Senator Hill brings extensive expertise in developing free market healthcare solutions for the people of Georgia,” said Ron Scheberle, Executive Director of the American Legislative Exchange Council. “His healthcare legislation has become a model for legislators around the country, and his leadership will be a tremendous asset to our organization.”

As a five-term State Senator, Hill has served as the chair of the Georgia Finance Committee and as a member of the Government Oversight and Judiciary Committees. As a member of the Georgia Health and Human Services Committee, he authored and successfully passed the nation’s first patient-centered, prevention-focused, free market reform legislation which made healthcare and insurance more affordable for Georgia’s working families.

“My strong commitment to the American Legislative Exchange Council is due to the nonprofit’s significant impact and the opportunities it creates for the exchange of ideas,” said Hill. “I’m honored to help lead the Health and Human Services Task Force and glad to have the opportunity to explore free market healthcare solutions with other legislators from across America.”

Hill served in the Reagan Administration as an Assistant United States Attorney for the Northern District of Georgia, and also in Washington, D.C. as a White House appointee at the United States Department of State/Agency for International Development. He is a graduate of Emory University and the Walter F. George School of Law at Mercer University.

###

The American Legislative Exchange Council is the largest nonpartisan, voluntary membership organization of state legislators in the United States. The Council is governed by state legislators who comprise the Board of Directors and is advised by the Private Enterprise Advisory Council, a group of private, foundation and think tank members. For more information about the American Legislative Exchange Council, please visit: www.alec.org.  

Media Contact: Bill Meierling
202.742.8536
BMeierling@alec.org

Renews call for open exchange of ideas to create opportunity and move government closer to communities

WASHINGTON, DC (March 15, 2013) – The American Legislative Exchange Council, a nonpartisan organization of state legislators who come together to share ideas and become better advocates for their constituents, announced today its posting of all model policy on its website (www.alec.org) in order to promote a more educated discussion and open exchange of ideas across America.

Through eight task forces composed of state legislators, business leaders and citizen organizations, the Exchange Council develops model policies based on academic research, existing state policy and proven business practices. The Council and its task forces closely imitate the legislative process of state government. Ideas are introduced and assigned to an appropriate task force based on subject and scope. Meetings are conducted where experts present facts and opinions for discussion, just as they would in committee hearings. These discussions are followed by a vote.

“At its core, democracy is a participatory process where ideas are shared and the best ideas are advanced,” said Ron Scheberle, the Exchange Council’s executive director. “The Council and its task forces provide a unique opportunity for legislators to learn from their counterparts from around the country.”

The results of the model policy process are state-based solutions and pro-growth economic policies that help state governments work better and more efficiently, thereby creating greater opportunity for all Americans.

To access and download the Exchange Council’s model policy, visit www.alec.org.

###

The American Legislative Exchange Council is the largest nonpartisan, voluntary membership organization of state legislators in the United States. The Exchange Council is governed by state legislators who comprise the Board of Directors and is advised by the Private Enterprise Advisory Council, a group of private, foundation and think tank members. For more information about the American Legislative Exchange Council, please visit: www.alec.org.  

Media Contact: Bill Meierling
202.742.8536
BMeierling@alec.org

New Chairman Provides Leadership And Vision For The Next 40 Years 

WASHINGTON, DC (March 8, 2013) – The American Legislative Exchange Council today announced the appointment of C. Stevens Seale as Chairman of the Private Enterprise Advisory Council, a group of business, trade association, nonprofit and academic leaders that provides counsel and support to ALEC legislative members. This appointment is of particular importance as ALEC enters its 40^th year focusing on economic issues and pro-growth policies that create opportunity for all Americans.

“Steve brings extensive expertise and a personal commitment to free markets to his position as Private Enterprise Advisory Council Chairman,” said Ron Scheberle, Executive Director of the American Legislative Exchange Council. “Steve’s experience and leadership as both a state legislator and advocate for business will be a tremendous asset to our organization.”

As a State Senator, Seale served as Chairman of the Tax and Fiscal Policy Task Force and also served on the on the Civil Justice Task Force. Following his service as a legislative member, Seale continued his strong support of ALEC and represents SAP America as a private enterprise member of the Communications and Technology Task Force. Seale will serve as Chairman of the Council for 2013 and 2014.

“SAP America’s strong commitment to the American Legislative Exchange Council is due to the nonprofit’s significant impact and the opportunities it creates for the exchange of ideas,” said Seale. “I’m honored to help lead the Private Enterprise Advisory Council to further increase the organization’s ability to engage with legislators and business leaders in an academic context.”

Seale was a two-term Mississippi State Senator and served as Chief Counsel on the staff of U.S. Senate Majority Leader Trent Lott.  In addition to representing SAP America, Seale represents clients from a broad spectrum of interests with policy concerns of a legislative and/or regulatory nature at the federal and state levels of government.

###

The American Legislative Exchange Council is the largest nonpartisan, voluntary membership organization of state legislators in the United States. The Council is governed by state legislators who comprise the Board of Directors and is advised by the Private Enterprise Advisory Council, a group of private, foundation and think tank members. For more information about the American Legislative Exchange Council, please visit: www.alec.org.  

Media Contact: Bill Meierling
202.742.8536
BMeierling@alec.org

NPR

Kansas Gov. Sam Brownback has put the state on what he calls a “glide path to zero” income tax. But that glide path is far from being clear or smooth.

On the face of it, Brownback seems to enjoy a remarkably strong political position. He’s a conservative Republican, flanked by GOP supermajorities in both legislative chambers. His allies helped purge moderate Republicans from the state Senate in last year’s election.

“I think the road is open,” Brownback says. “I think we do provide an alternative model. I think we do provide a red-state model.”

In 2012, Kansas eliminated the state income tax for about 190,000 small businesses and cut the rate substantially for high-income individuals.

“We’re going from the highest-tax state in the region, to the lowest-tax state in the region,” Brownback says.

Jonathan Williams, director of the Tax and Fiscal Policy Task Force for the American Legislative Exchange Council, says no other state has eliminated the income tax for small businesses. The group has ties to politically active corporations, like Wichita-based Koch Industries.

“Well, Gov. Brownback has made very bold moves towards making Kansas a more competitive place to do business and to create jobs,” Williams says.

And that move is causing a stir in Kansas City, along the state line that divides the community between Kansas and Missouri.

Seizing A No-Tax Opportunity

Steve Browne is a partner at Meara Welch Browne, an accounting firm that’s relocating to Kansas from Missouri.

“Well, we moved from just a mile or two miles on the east side of state line to literally … a few hundred yards on the west side of state line now,” he says.

Browne says that none of the firm’s employees needs to move. By trading one office building for another, though, and shredding most state taxes, the firm is boosting its income by more than 6 percent. It was a no-brainer for the business move.

But the important calculation here is whether the firm’s gain, and Missouri’s loss, is actually a win for Kansas.

‘It Hurts The People’

“That benefits no one in the end. And it hurts the people because the tax money is gone,” says Republican state Rep. Barbara Bollier.

Bollier lives in Mission Hills, Kan., just north of where the accounting business is moving. She’s pro-business but can’t swallow the size of last year’s tax cuts, which will cost the state more than $850 million annually — with the bulk of it going to higher-income earners.

“The governor’s been very clear it’s an experiment, and it is,” she says. “We were the [only state] in the country that did this. So it’s either a huge win or a horrible loss.”

Bollier points out that income tax produces more than a third of state revenues. She says several neighboring states are talking about cutting or eliminating the same taxes.

She fears a race to the bottom, which could possibly limit new jobs and bring too little new money for Kansas to avoid painful consequences.

“I have a hard time looking at the schoolchildren in my neighborhood and saying, ‘I’m going to do an experiment on you, and if we lose, your schools are going down the tubes,’ ” Bollier says.

Brownback promises that he’s not going to let that happen, but there’s a problem: lost revenue from the income tax cuts. So he’s proposed something radical for a conservative Republican: a serious tax increase, one he hopes will be short term.

An Arduous Process

The governor wants to extend a sales tax that’s set to expire and end some tax deductions. When you add it all up, projected tax revenues actually go up by as much as $455 million.

Democrats are calling it “Robin Hood in reverse,” stealing from the poor to give to the rich. And it’s not going quite smoothly with Kansas Republicans like Rep. Scott Schwab.

“So you’re asking me to raise taxes today for a tax cut in five years,” Schwab says. People who campaigned in the summer promoted “cutting taxes today,” he adds.

But tax cuts today — on top of big ones from last year — would likely crater the state budget, which would also be unpopular.

It’s messy. Brownback says the transition is the arduous part of the process.

“If you ask people, ‘Do you want to do away with the state income tax?’ a good portion would say yes,” he says. “OK, now how do you do that?”

How indeed? It’s a question vexing Kansas, as it struggles to develop a new “red-state model.”

This article was originally published on NPR.org by Frank Morriss