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NGA And NCSL Release Recommendations For ESEA Reauthorization

February 11, 2015 Comments off

NGA And NCSL Release Recommendations For ESEA Reauthorization
Source: National Governors Association and National Conference of State Legislatures

The National Governors Association (NGA), along with the National Conference of State Legislatures, today released Governors’ and State Legislators’ Plan to Reauthorize the Elementary and Secondary Education Act, a bipartisan path for the reauthorization of the Elementary and Secondary Education Act (ESEA).

Governors and state legislators say the new act should improve the law’s governance structure to provide states greater authority to align and leverage their early education, K-12 and postsecondary policies to increase educational effectiveness. The law should reinforce the principle that accountability and responsibility for K-12 education rests with the states. It also should support state-led strategies to improve low-performing schools and include the ability to empower teachers and school leaders to prepare all students for success.

Domestic Violence/Domestic Abuse Definitions and Relationships

January 30, 2015 Comments off

Domestic Violence/Domestic Abuse Definitions and Relationships
Source: National Conference of State Legislatures

Domestic violence and abuse, an issue that is never far from the headlines, continues to be a pervasive issue in the United States. State legislatures are at the forefront of defining and penalizing domestic violence and abuse.

States vary in their domestic violence provisions. Approximately 38 states place domestic violence definitions and penalties within the criminal code and nearly every state provides a definition within the domestic relations or social services codes. Within this variance are broad definitions that may include stalking, harassment and, in some instances, nonphysical abuse including intimidation and emotional abuse.

Some states also have addressed child witnessing of domestic violence. Approximately 23 states address child witnessing of domestic violence somewhere in statute. While some consider it an aggravating circumstance when sentencing a perpetrator, other states have created a separate offense that may be levied. View the Child Welfare Information Gateway Child Witnesses to Domestic Violence report for a discussion of the crossover between child abuse and neglect and domestic violence.

Within the realm of domestic violence and abuse are various other topics, including protection orders, safe court processes and custody and visitation or parenting time. According to the American Bar Association, the presence of domestic violence is a factor considered when determining custody and visitation in all 50 states and the District of Columbia.

Below is a chart with basic state provisions regarding domestic violence or abuse, the definitions of conduct amounting to domestic violence or abuse, and the relationships where that conduct may be considered domestic violence or abuse.

Domestic Violence/Domestic Abuse Definitions and Relationships

January 26, 2015 Comments off

Domestic Violence/Domestic Abuse Definitions and Relationships
Source: National Conference of State Legislatures

Domestic violence and abuse, an issue that is never far from the headlines, continues to be a pervasive issue in the United States. State legislatures are at the forefront of defining and penalizing domestic violence and abuse.

States vary in their domestic violence provisions. Approximately 38 states place domestic violence definitions and penalties within the criminal code and nearly every state provides a definition within the domestic relations or social services codes. Within this variance are broad definitions that may include stalking, harassment and, in some instances, nonphysical abuse including intimidation and emotional abuse.

Some states also have addressed child witnessing of domestic violence. Approximately 23 states address child witnessing of domestic violence somewhere in statute. While some consider it an aggravating circumstance when sentencing a perpetrator, other states have created a separate offense that may be levied. View the Child Welfare Information Gateway Child Witnesses to Domestic Violence report for a discussion of the crossover between child abuse and neglect and domestic violence.

Within the realm of domestic violence and abuse are various other topics, including protection orders, safe court processes and custody and visitation or parenting time. According to the American Bar Association, the presence of domestic violence is a factor considered when determining custody and visitation in all 50 states and the District of Columbia.

Below is a chart with basic state provisions regarding domestic violence or abuse, the definitions of conduct amounting to domestic violence or abuse, and the relationships where that conduct may be considered domestic violence or abuse.

State Legislatures Magazine — January 2015: Lawmakers have a slew of hot issues to juggle as sessions rev up around the country this month

January 20, 2015 Comments off

State Legislatures Magazine — January 2015: Lawmakers have a slew of hot issues to juggle as sessions rev up around the country this month
Source: National Conference of State Legislatures

The overall economy is improving. Gas prices are down and state revenues are up. Things are better, but they’re not great.

Lawmakers are reporting for duty with partisanship and polarization casting longer than normal shadows down revered statehouse hallways. Social issues continue to divide, voters’ cynicism grows for all things “government” and federal inaction threatens states’ stability.

Still, state lawmakers find ways to get things done. They look for areas of agreement, they learn from experiences in other states and they find solutions to fairly serious problems, often quite innovatively and almost always more effectively than their federal counterparts.

As lawmakers roll up their sleeves to begin work on many important issues, state fiscal conditions, at least, are stronger than they have been for several years. With only a few exceptions, state finances continue to improve slowly but steadily from the depths of the Great Recession. NCSL’s most recent fiscal survey of the states found most spending in line with appropriated levels for FY 2015. In fact, as the New Year approached, only Medicaid and corrections in a couple of states were running over-budget.

The same survey found that the top funding issues state legislatures are expected to address during 2015 legislative sessions are education (from preschool to university), Medicaid, and transportation infrastructure. Other hot fiscal issues include tax reform and gaming.

As we do this time each year, we’ve listed the topics—many new and emerging—that will likely occupy a majority of lawmakers’ time and energy across the country.

Military’s Impact on State Economies

January 15, 2015 Comments off

Military’s Impact on State Economies
Source: National Conference of State Legislatures

The Department of Defense (DoD) operates more than 420 military installations in 47 states, the District of Columbia, Guam and Puerto Rico.

These installations—which may also be referred to as bases, camps, posts, stations, yards or centers—sustain the presence of U.S. forces at home and abroad.

Installations located within the United States and its territories are used to train and deploy troops, maintain weapons systems and care for the wounded. Installations also support military service members and families by providing housing, health care, childcare and on-base education.

The DoD contributes billions of dollars each year to state economies through the operation of military installations. This spending helps sustain local communities by creating employment opportunities across a wide range of sectors, both directly and indirectly.

Parental Rights and Sexual Assault

December 29, 2014 Comments off

Parental Rights and Sexual Assault
Source: National Conference of State Legislatures

Approximately 26 states and the District of Columbia have enacted legislation regarding the parental rights of perpetrators of sexual assault.

Eighteen states allow for termination of parental rights if the parent was convicted of sexual assault which resulted in the birth of the child. The other 8 states and the District of Columbia deny custody or visitation if the child was conceived as a result of a rape or sexual assault. Generally, a conviction is required before parental rights are terminated.

Also, some states (Arkansas, the District of Columbia, Hawaii, Illinois, Kentucky, Rhode Island, Utah and Wyoming) still allow child support to be collected when the custody and visitation rights have been restricted. However, in Oregon, child support is still required even though parental rights are terminated.

2014 Minimum Wage by State

October 30, 2014 Comments off

2014 Minimum Wage by State
Source: National Conference of State Legislatures

Summary

  • Minimum wages will go up in nine states on Jan. 1, 2015 because of indexed increases in their state law: Arizona, Colorado, Florida, Missouri, Montana, New Jersey, Ohio, Oregon, and Washington.
  • 38 states introduced minimum wage bills during the 2014 session; 34 states considered increases to the state minimum wage.
    Connecticut, Delaware, Hawaii, Maryland, Massachusetts, Michigan, Minnesota, Rhode Island, Vermont, West Virginia and D.C. have enacted increases during the 2014 session.
  • As of Aug. 1, 2014, 23 states and D.C. have minimum wages above the federal minimum wage.
  • 18 states, Guam, and the Virgin Islands have minimum wages the same as the federal minimum wage of $7.25.
  • 3 states, American Samoa, and Puerto Rico have minimum wages below the federal minimum wage (the federal minimum thus applies).
  • 1 state, New Hampshire, repealed their state minimum wage in 2011, but left the reference to the federal minimum wage.
  • 5 states have not established a state minimum wage.
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