Last week, the U.S. Supreme Court refused to hear a challenge to a Colorado law aimed at enabling the state to collect more of the sales taxes that go unpaid each year by Colorado residents on their out-of-state purchases, costing the state more than $170 million in lost revenue each year, according to recent estimates.
The law, passed in 2010, requires businesses located outside the state, including online retailers - hence the nickname of “Amazon tax” given to such laws - to either collect and remit sales tax on behalf of their Colorado-based customers or inform those customers of their obligation to pay their state’s 2.9 percent sales tax and submit information about those customers and transactions to the state. The Direct Marketers Association (DMA) - now known as the Data & Marketing Association (DMA) - challenged that law on the grounds that it violated the U.S. Constitution's Commerce Clause, barring undue restrictions on interstate commerce. But the 10th U.S. Circuit Court of Appeals in Denver upheld the law in February, and the Supreme Court’s refusal to take up the case leaves the 10th’s ruling in place.
“We are disappointed the Supreme Court did not take the case and are concerned it will only encourage other states to adopt similar laws and regulations that are designed to put arbitrary burdens on out-of-state sellers,” DMA Senior Vice President of Advocacy Emmett O’Keefe said in a statement.
Max Behlke, director of tax and budget policy for the National Conference of State Legislatures, likewise, said: “Other states, which have seen their revenue decline in sales tax, would be more apt to introduce and enact legislation like Colorado’s [law].” (REUTERS, DENVER POST)
Despite MASSACHUSETTS Gov. Charlie Baker’s (R) veto in August of a provision in a road funding bill passed by state lawmakers providing for a vehicle miles traveled (VMT) tax pilot program, the state hasn’t ruled out the possibility of imposing such a tax in the future. In an email sent to staffers at the Executive Office of Administration and Finance at the time of Baker’s veto, Department of Transportation Legislative Director Michael Berry said, “VMT...may be a tool that is needed down the road.” (REPUBLICAN [SPRINGFIELD, MASSACHUSETTS], LEXISNEXIS STATE NET)
MISSOURI state Sen. Will Kraus (R) has proposed legislation to phase out the state’s 6.25-percent corporate income tax by 2019. Kraus said President-elect Donald Trump’s support for reducing corporate taxes could give his proposal momentum. (OZARK RADIO NEWS)
-- Compiled by KOREY CLARK
Bypassing seven years of congressional inaction and accelerating a national trend, state legislatures in California and New York have passed laws that will gradually raise the minimum wage to $15 an hour. In separate legislation these states have also extended family leave for workers who take time off to care for their newborn.
Twenty-nine states and the District of Columbia now have wage floors above the federal minimum of $7.25 an hour, according to the National Conference of State Legislatures (see Bird’s eye view). The federal minimum has been stuck at this level since 2009 and there are no prospects for raising it during this presidential election year.
Taken together, California and New York are home to more than 57 million people, about a sixth of all Americans. The minimum wage bill signed into law by Democratic governors in these two states have similar goals but also differences produced by legislative compromise. Such compromises have eluded Congress, where Democrats favor and Republicans oppose increasing the federal minimum.
Away from the nation’s capital, the minimum wage is a somewhat less partisan issue. In 2014, voters in four Republican-leaning states – Alaska, Arkansas, Nebraska and South Dakota – approved minimum wage hikes by substantial margins. Legislatures in 10 states also approved minimum wage increases in 2014; Rhode Island joined the list in 2015.
There is considerable variety in the wage floors of the states, depending in large part on economic conditions. Some states have been creative in the standards they have adopted. Nevada, for instance, has an $8.25 minimum for businesses that do not provide health care for their workers and a $7.25 minimum for those that do.
Economists differ on the impact of increasing the minimum wage, a centerpiece of the liberal agenda favored by Democratic presidential candidates Hillary Clinton and Bernie Sanders. Presumptive Republican nominee Donald Trump has wavered on the issue, first opposing a minimum wage increase and lately hinting that he might favor it. Proponents of increases say present minimums are well below a living wage. Opponents assert that boosting the minimum will force businesses to reduce jobs and in doing so hurt people that the wage increases are meant to help.
When Gov. Jerry Brown (D) signed the California minimum wage increase into law, he called it a matter of “economic justice” but acknowledged the possibility of hardships for some at the bottom end of the economic scale. On balance, he said, the benefits outweighed the drawbacks. Brown brokered the compromise under which California avoided an expensive ballot initiative campaign. The law raises minimum wages in six stages to $15 an hour by the end of 2022.
The New York law will raise the minimum wage to $15 an hour by 2018 – but only in New York City. Unlike California’s one-size-fits-all measure, the New York measure sets varying rates and timetables in different parts of the Empire State. Long Island and Westchester County will not reach the $15 minimum until 2021; areas north of Westchester will then have a minimum wage of $12.50 an hour.
New York Gov. Andrew Cuomo (D) had wanted a uniform minimum throughout the state, but the state senate, narrowly controlled by Republicans, insisted on variable wage floors. Did the senate save Cuomo from himself? Some conservatives think so; they say less affluent areas cannot afford the same minimum as New York City.
Such an argument could be made with even greater force in California, the nation’s most populous state and third largest in size. A New York Times analysis of the new California law suggests it could be beneficial in places such as San Francisco and San Jose, where the minimum wage is half or less of the median wage, but not in Fresno or Merced, in California’s central valley, where the new minimum will be three-fourths of the median wage. “Many economists are concerned that the measure may lead to job losses in places where the minimum wage will be relatively close to what the typical worker is expected to earn,” the Times said.
The Golden State is a study in contrasts. Economic growth is surging, and the jobless rate, although still higher than the national average, has dropped to 6.3 percent. But California has the nation’s highest poverty rate at 23.6 percent. The county with the state’s worst poverty rate is Fresno, at 28.6 percent.
California also has vast disparities in wage growth. According to a Los Angeles Times study, the 482,000 Californians employed in technology, entertainment, publishing and other information businesses have seen their average weekly wage rise 44 percent since 2010 while the 5.2 million people in education, health and hospitality jobs have seen small increases and in some cases taken pay cuts. The gap between high-income and low-income Californians is twice as large as it was in 1980, the Public Policy Institute of California reported last week.
California’s legislature, solidly controlled by Democrats, has embarked on a series of efforts aimed at helping lower-paid workers and young parents who leave work to care for their families. Last month the legislature approved an expanded family leave program that, beginning in 2018, will provide most workers with 60 percent of their wages for up to six weeks, capped at about $1,l00 a week. Those making $20,000 or less annually will receive 70 percent of their regular pay. While the law makes no gender distinction, its principal beneficiaries will be working mothers.
In signing the bill Gov. Brown said he was trying to compensate for the “gross inequality” that has become a central political issue in the United States and several other countries.
The measure, costing an estimated $587 million annually when fully implemented, will be financed by an increase in payroll deductions through the state’s disability insurance system. Some Republicans fear this could prove a drag on the economy, but there was little organized opposition. The California Chamber of Commerce, a major lobbying force in Sacramento, did not take a position on the bill.
Government-subsidized family leave is commonplace in industrialized countries in Europe and Asia but rare in the United States. This was noted by President Obama in a statement praising the new California law. “Congress needs to catch up to California—and to countries all over the world—by acting to guarantee paid family leave to all Americans,” Obama said.
Three other U.S. states provide modest amounts of family leave. New York in March extended partial pay from six weeks to 12 weeks. New Jersey and Rhode Island provide partial pay for up to six weeks.
State experiments in providing family leave and higher wage floors demonstrate a valuable feature of the U.S. federal system. Supreme Court Justice Louis Brandeis long ago suggested that states can serve as laboratories of democracy, trying out “novel social and economic experiments without risk to the rest of the country.”
In 1932 when Brandeis wrote this oft-quoted dissenting opinion, the federal government was not the behemoth it is today. Too often, however, Washington resembles a hapless giant, divided by partisanship and deadlocked by the politics of maneuver.
Now, more than ever, leadership and experimentation are needed from the states. The nation can learn from what’s happening in California and New York.
As the partial closure of the federal government continues to drag on, states across the country are stepping up to assist the tens of thousands of their residents impacted by the longest federal shutdown in U.S. history.
Brand new Govs. Gavin Newsom in California, Michelle Lujan Grisham in New Mexico, and Tony Evers in Wisconsin, all Democrats, have each assured furloughed workers they will receive unemployment benefits. Oklahoma Gov. Kevin Stitt (R) called for his state’s Banking Department to direct banks to restructure loans or extend payment deadlines for federal workers unable to make their mortgage payments during the shutdown. And Connecticut Gov. Ned Lamont (D) has proposed a public-private partnership with a local bank to provide furloughed workers interest-free loans that would be guaranteed by the state.
But some expressed concern about the potential impact of such actions on state budgets with no end in sight to the shutdown.
“If this goes on another few weeks, it will be very significant for some state budgets,” said Scott Pattison, executive director of the National Governors Association. “There’s not extra money. So if they move funds into something the federal government isn’t covering, then something else is cut at the state level or they’re actually dipping into rainy day funds.” (HILL)
In June the U.S. Supreme Court ruled in Janus v. AFSCME that unions could no longer require public workers who choose not to join a union to pay union fees even if they benefit from union efforts.
That ruling has adversely impacted union finances. For example, in Pennsylvania, unions had to refund about 15 percent of the $42.5 million in union fees they collected from nonmembers and executive branch members last year.
But the Janus ruling hasn’t led to the mass defections some had predicted. And in some unions, membership has actually increased since the verdict.
At the time of the ruling, 50,072 state executive branch employees in Pennsylvania were union members. Now 51,127 are members. New union memberships have outnumbered defections in Oregon’s Local 503 chapter of the Service Employees International Union (SEIU) by a margin of three to two. And membership in the Chicago chapter of SEIU has increased from 23,800 members to 26,000 since August 2017.
“I think the right wing thought this would decimate public-sector unions, and they were clearly wrong,” said Kim Cook of the Cornell University Worker Institute, which supports union and worker rights.
One reason union membership hasn’t dropped is because unions stepped up their efforts to attract new members even before the Janus decision. Democratically controlled states have also recently taken actions to bolster union membership. For instance, New Jersey, limited the period of time during which public workers can leave their union. And New Jersey, California and Washington have prohibited public employers from discouraging union membership.
But Ken Girardin, an analyst for the fiscally conservative Empire Center for Public Policy in New York, said significant membership declines will be coming in the next few years.
“Based on what we’ve observed, you will likely see a multi-year drop in membership, driven chiefly by the fact that people aren’t going to join in the first place,” he said. “The next cohorts of employees won’t join at the same rate as the retirees they are replacing.” (GOVERNING)