Seventeen months ahead of the 2016 presidential election, Democrats allied with Hillary Rodham Clinton have launched a nationwide legal effort aimed at overturning Republican-backed restrictions on voter access that could be decisive in a close race. The battle began last month with lawsuits filed in the presidential battleground states of OHIO and WISCONSIN (NEW YORK TIMES). * If Hillary Clinton is elected next year, she could become the first Democratic president to serve an entire term without the Democrats ever controlling the House of Representatives (RASMUSSEN REPORTS). * VERMONT Gov. Peter Shumlin (D) signed legislation authorizing same-day voter registration beginning after the 2016 presidential election (BURLINGTON FREE PRESS).
-- Compiled by KOREY CLARK
The CALIFORNIA Senate approves SB 350, which sets the following renewable energy goals for 2030: cutting by 50 percent the state’s use of petroleum, having 50 percent of all utility power come from renewable energy sources and increasing by 50 percent the energy efficiency of older buildings. It moves to the Assembly (LEXISNEXIS STATE NET).
OKLAHOMA Gov. Mary Fallin (R) signs SB 809, which bars Sooner State cities, towns and counties from banning fracking within their jurisdictions. Oklahoma becomes the second state after TEXAS to adopt such a ban (NATIONAL PUBLIC RADIO).
The CALIFORNIA Senate approves SB 151, a bill that would raise the legal smoking age from 18 to 21. It moves to the Assembly (LEXISNEXIS STATE NET). The CALIFORNIA Senate approves SB 140, a bill that would regulate electronic cigarette products the same as other tobacco products. It moves to the Assembly (LOS ANGELES TIMES).
TEXAS Gov. Greg Abbot signs SB 339, which legalizes the use of cannabis oil to treat seizure disorders like epilepsy. The law requires the state Department of Public Safety to license at least three dispensing organizations by Sept. 1, 2017, provided that at least that many applicants have met the state’s requirements (TEXAS TRIBUNE).
TEXAS, Gov. Abbot vetoes SB 359, which would have allowed doctors to detain patients believed to be mentally ill or a danger to themselves or others (TEXAS TRIBUNE).
NEW HAMPSHIRE Gov. Maggie Hassan (D) signs HB 271, which allows doctors to prescribe the anti-overdose drug naloxone to the family and friends of an opiate abuser to help prevent that person from dying from an overdose. The bill went into effect immediately (LEXISNEXIS STATE NET).
NEVADA Gov. Brian Sandoval (R) signs AB 164, which allows terminally ill patients to try experimental medications not yet approved by the U.S. Food and Drug Administration (RENO GAZETTE JOURNAL).
The CALIFORNIA Senate approves SB 674, which would require local and state law enforcement agencies to sign certifications for qualified immigrant crime victims when they have been helpful to the investigation of a crime like sexual assault and domestic violence. Those certifications are necessary to prevent the victim from later being deported. It moves to the Assembly (LEXISNEXIS STATE NET). Also in CALIFORNIA, the Senate approves SB 4, which would allow undocumented immigrants to purchase health insurance on the state exchange, pending a federal waiver, and enroll eligible children under the age of 19 in Medi-Cal, the state’s insurance program for the poor. It moves to the Assembly (SACRAMENTO BEE). * The United States Supreme Court leaves intact a lower court’s ruling that struck down a 2006 ARIZONA law that made illegal immigrants charged with “serious” felonies ineligible for bail. The U.S. Court of Appeals for the Ninth Circuit ruled in October that the law violated the due process clause of the U.S. Constitution’s 14th Amendment (U.S. NEWS & WORLD REPORT).
The CALIFORNIA Senate approves SB 23, which would repeal a state law that bars women from receiving additional welfare benefits if they become pregnant while on public assistance. It moves to the Assembly (LEXISNEXIS STATE NET). The CALIFORNIA Senate also endorses SB 128, so-called “Death with Dignity” legislation that would allow doctors to prescribe lethal drugs to assist terminally ill patients to end their own lives. It moves to the Assembly (LEXISNEXIS STATE NET).
The ILLINOIS Senate approves HB 217, which would bar mental health practitioners from using so-called “gay conversion” therapy – which tries to change a person’s sexual orientation – on minors. The bill is now with Gov. Bruce Rauner (R) for consideration (CHICAGO TRIBUNE, LEXISNEXIS STATE NET).
A three-judge panel of the 9th U.S. Circuit Court of Appeals upholds a previous ruling by the U.S. District Court for IDAHO that declared unconstitutional a Gem State law barring women from having an abortion after the 20th week of pregnancy. The ruling also strikes down a state law barring women from having the procedure done in their second trimester of pregnancy. Similar laws have been struck down in TEXAS, ARIZONA, GEORGIA, ARKANSAS and NORTH DAKOTA (LOS ANGELES TIMES).
The NORTH CAROLINA Senate approves HB 465, a bill that would extend the mandatory waiting period for a woman to obtain an abortion to 72 hours. The measure heads to Gov. Pat McCrory (R), who is expected to sign it into law (RALEIGH NEWS & OBSERVER).
The TEXAS Legislature gives final approval to HB 910, a bill that will allow certain Lone Star State residents to openly carry handguns. Under the measure, someone with a concealed carry gun permit could also openly carry their weapons in a visible shoulder or belt holster. The measure moves to Gov. Greg Abbot (R), who is expected to sign it into law (TEXAS TRIBUNE).
NEVADA Gov. Brian Sandoval (R) signs SB 261, which requires college and private labs that use animals for research to offer those animals up for adoption before euthanizing them, provided they are healthy enough to go to a new home (KTVN.COM [RENO]).
The CALIFORNIA Assembly approves AB 221, which would authorize the Department of Motor Vehicles to develop a digital version of the state driver’s license. It moves to the Senate (LEXISNEXIS STATE NET).
-- Compiled by RICH EHISEN
Yesterday, FIFA President Sepp Blatter resigned in the wake of the 47-count indictment brought against 14 defendants related to corruption of international soccer. Despite a show of support that led to his re-election last week, NPR reported that Blatter expressed doubt that the vote was enough to satisfy “the fans, the players, the clubs, the people who live, breathe and love football as much as we all do at FIFA.” While a shake-up within FIFA is not unexpected, given the severity of the allegations, the fallout could extend well beyond the walls of international soccer’s governing body—especially for related organizations that have failed to conduct on-going monitoring.
BBC.com recently reported that dozens of banks were named in the FBI indictment, including three large UK banks. As a result, the banks are “actively looking at all payments through their global networks which might be tied to the accused officials and FIFA in general.” This isn’t the first time that U.S. regulators have red-carded financial institutions for violating compliance sanctions. In the last three years, the two of the named banks have paid nearly $3 billion in fines between them.
What about those high profile sponsors of World Cup Soccer? While so far none have been named, there have been bribery allegations related to “a major U.S. sportswear company,” according to an article in Compliance Week. Any company involved with FIFA—whether as major sponsors or marketing partners—will likely be subjected to additional scrutiny as the story plays out.
In a statement, FBI Director James Comey said, “The defendants fostered a culture of corruption and greed that created an uneven playing field for the biggest sport in the world. Kelly Currie, acting U.S. attorney for the Eastern District of New York concurred, saying this “… is the beginning of our work, not the end” as they seek to eliminate corruption from the biggest sporting stage of the world.
Editor: Rich Ehisen Associate Editor: Korey Clark Contributing Editor: Mary Peck, David Giusti Editorial Advisor: Lou Cannon Correspondents: Richard Cox (CA), Lauren Davis (MA), Steve Karas (CA) and Ben Livingood (PA), Cathy Santsche (CA), Dena Blodgett (CA) Graphic Design: Vanessa Perez Design
Spring and summer are rarely dull around the California Capitol and this year is no different. But things were hopping for real last month when lawmakers, staffers and others gathered on the East Lawn for the 41st Annual Capitol Frog Jump Contest. An homage to the classic Mark Twain story “The Celebrated Jumping Frog of Calaveras County,” the contest is sponsored by Sen. Tom Berryhill, who represents Calaveras, as a way to counter the high stress atmosphere of the Capitol as lawmakers near the governor’s May budget revision. Or, as Berryhill put it, “Really, how seriously can you take yourself when you’re on the ground whispering to a frog?” For the record, the winner for longest jump this year was a croaker named R2Green2, who was prodded along by his human, Capitol staffer Doria Wallentine. The emerald bullfrog totaled an impressive 10 feet, 9 inches, or more than seven feet longer than the shortest jumper.
The CALIFORNIA Senate approves SB 358, which would bar employers from paying female workers less than men for performing “substantially similar” job duties unless they can show evidence of reasonable differences in training or experience between the employees. The bill, which would also prohibit punishing employees who talk or ask about pay at work and allow workers to challenge wage disparities with similar employees at different workplaces owned or managed by the same employer, moves to the Assembly (SACRAMENTO BUSINESS JOURNAL).
CONNECTICUT Gov. Dannel P. Malloy (D) signs SB 426, legislation that bars Constitution State employers from requiring workers and job applicants to provide passwords or usernames to personal online accounts like Facebook and Twitter. The bill goes into effect in October (LEXISNEXIS STATE NET).
NORTH CAROLINA Gov. Pat McCrory (R) signs HB 158, legislation that bars teens under age 18 from using tanning beds (NEWS & OBSERVER [RALEIGH]).
KANSAS Gov. Sam Brownback (R) signs SB 101, legislation that allows ridesharing services like Uber and Lyft to conduct private background checks on their subcontracted drivers. Under the measure, a company could face lawsuits if drivers were found to be operating with a criminal background (KAKE.COM [WICHITA]).
MINNESOTA Gov. Mark Dayton (D) signs SB 1679, which requires ridesharing companies to carry liability insurance for their drivers during all phases of operation (MINNESOTA GOVERNOR’S OFFICE).
NEVADA Gov. Brian Sandoval (R) signs AB4, which removes a population restriction on where wineries can be located in the Silver State. Under the new law, wineries may now be located in communities with more than 100,000 residents (ELKO DAILY FREE PRESS).
Calling it a “global challenge” that “requires bold action on the part of governments everywhere,” California Gov. Jerry Brown (D) signed a new agreement last month with leaders from 11 states and countries pledging to work together to combat climate change. Brown joined in the pact with leaders from Vermont, Oregon and Washington as well as those from Acre, Brazil; Baden-Württemberg, Germany; Baja California, Mexico; Catalonia, Spain; Jalisco, Mexico; Ontario, Canada; British Columbia, Canada; and Wales, UK.
The signatories collectively represent 100 million people and an annual gross domestic product of $4.5 trillion, something Brown noted would make for the fourth largest economy in the world if combined as one country. He said he and the other members are also committed to bringing more states into the agreement before the United Nations Climate Change Conference scheduled to be held in Paris in December.
Under the legally non-binding pact, participants agree to either reduce greenhouse gas emissions 80 to 95 percent below 1990 levels by 2050 or achieve a per capita annual emission target of less than 2 metric tons by 2050. (SAN JOSE MERCURY NEWS, LEXISNEXIS STATE NET, LOS ANGELES TIMES, CALIFORNIA GOVERNOR’S OFFICE)
Since a series of Supreme Court decisions in the 1960s, including Baker v. Carr and Reynolds v. Sims, the state legislative and congressional districts drawn by state legislatures or commissions after each decennial census have had to be roughly equal in population size. But there has always been some ambiguity about just who should be included in those population counts: every resident, only legal residents, only eligible voters? The Warren Court-era rulings laying out the principle of “one-person, one-vote” have also resulted in a concentration of voting power in more densely populated urban areas, which tend to vote Democratic. But last week, the justices agreed to hear a Texas redistricting case in their next term that could clarify what population voting districts should be based on and also shift political power to rural areas, likely benefiting Republicans.
The Texas case, Evenwel v. Abbott, was brought by two voters, Sue Evenwel and Edward Pfenninger, who allege the Texas Senate districts drawn in 2011 diluted their voting power.
“There are voters or potential voters in Texas whose Senate votes are worth approximately one and one-half times that of appellants,” said the brief filed on behalf of Evenwel and Pfenninger, who are being represented by the Project on Fair Representation, a conservative advocacy group that has successfully challenged the Voting Rights Act in the past and is also challenging affirmative action at the University of Texas at Austin.
Over the past 25 years, the Supreme Court has refused to hear at least three cases similar to Evenwel v. Abbott. But on one of those occasions, when the court rebuffed the 2001 case of Chen v. City of Houston, Justice Clarence Thomas objected that “as long as we sustain the one-person-one-vote principle, we have an obligation to explain to states and localities what it actually means.”
A ruling by the court that districts should be based strictly on the population of eligible voters would exclude not only the illegal immigrants who tend to congregate in urban areas, but also immigrants who are in the country legally but aren’t citizens, as well as children and prisoners, and voting power would shift to rural areas. Richard H. Pildes, a law professor at NYU, said such a ruling “would be most significant in border states, like California, Texas, Arizona and Nevada that have the largest proportions of noncitizens.”
The court could also decide to let states determine for themselves what population standard to use, which Pildes said could bring “the politics of immigration” more into “the politics of redistricting.”
“State legislatures would be given a green light to locate more power or less power in areas that have large geographic concentrations of noncitizens,” he said. “Those areas would have more power if the rule is equality of residents and less power if it’s equality of eligible voters.” (NEW YORK TIMES, WALL STREET JOURNAL)
Speaking of critters, California First Dog Sutter, Gov. Jerry Brown’s incorrigible Welsh Pembroke Corgi, has some competition: the gov and First Lady Anne Gust Brown just got themselves a new puppy. As the Sacramento Bee reports, the announcement came via Sutter’s Twitter account with the following missive: “I’m still First Dog, right?” with the hashtag, #GetOffMyPeePad. According to the gov’s website, the new pup, a Corgi female named Colusa and nicknamed “Lucy,” has been dubbed “Deputy First Dog.” Which sounds like a position with a lot more power than the office of Lieutenant Governor.
At least five states have passed laws this year nullifying or preempting local ordinances, including those regulating ride-sharing, fracking and concealed-weapons permits, according to analysis by LexisNexis State Net. Local-control legislation is also pending in at least four states, including two bills prohibiting the installation of red-light cameras in Texas, which has already passed HB 40, effectively blocking local fracking bans in the state.
Source: LexisNexis State Net
Key:
Passed law this year preempting or nullifying local regulations: Wisconsin, Arizona, Tennessee, Texas, Arkansas
Considering local-control legislation: Oklahoma, Michigan, California
Both: Texas
When voters in Denton, Texas shocked just about everyone last November by banning the controversial oil and gas extraction process hydraulic fracturing within city limits, it set up a clash between what the Texas Tribune called “two interests Texans hold dear: petroleum and local control.” But while Denton, a small city about an hour northwest of Dallas, won that battle the petroleum industry ultimately won the war. On May 18 Gov. Greg Abbot (R) signed HB 40, industry-backed legislation that nullified Denton’s ban and essentially barred cities and counties across Texas from adopting their own rules regulating oil and gas operations in the Lone Star State.
The bill is just one of numerous statehouse measures around the nation this year aimed at countering a growing number of local ordinances that impose their own regulations within city or county boundaries. With Congress and even some statehouses often bogged down in partisan gridlock, advocacy groups on both ends of the political spectrum are now more than ever taking their fights directly to city councils and local ballot measures. Local municipalities have in recent years become ground zero for battles over not only fracking but regulating ridesharing services and payday lenders, raising the minimum wage, imposing soda taxes, electronic cigarette bans and labeling GMO foods among other issues.
It is a strategy that has worked well, particularly for advocates of raising the minimum wage. Although several states have raised their wage over the last two years, cities like Seattle, San Francisco, Santa Fe, Chicago and Los Angeles have adopted their own measures calling for significantly higher benchmarks than current state standards. Seattle and Los Angeles have raised the bar the highest, hiking their respective wage floors to $15. That is the highest in the country and almost $5 per hour more than the $10.10 standard currently under consideration on Congress. Washington’s statewide standard is $9:47; California’s is $9.00.
As advocates gain more success with this and other issues at the local level, opponents are now turning back to statehouses for help avoiding what they see as a patchwork of confusing or contradictory local laws.
In May, for instance, at the behest of the GOP-controlled Legislature and ridesharing companies like Uber and Lyft Wisconsin Gov. Scott Walker (R) signed AB 143, which establishes statewide rules for those services while also barring local governments from imposing harsher standards. In April, under heavy lobbying from plastic bag manufacturers Arizona Gov. Doug Ducey (R) signed SB 1241, which prohibits local governments from banning single-use plastic bags and from letting retailers charge customers a fee for them. That same month Tennessee Gov. Bill Haslam (R) signed HB 995, an NRA-backed bill allowing anyone with a concealed-carry permit to bring their guns into parks, schools and sports fields. The measure further bars local governments from imposing any further bans on weapons in public parks. And in February, Arkansas Gov. Asa Hutchinson (R) signed SB 202, a measure that blocks cities and counties from adopting anti-discrimination protections for members of the LGBT community or others not currently covered under state anti-discrimination laws.
Other measures may soon follow. Two more bills pending in Oklahoma would bar cities and counties from directly regulating fracking. The first of the Oklahoma measures, SB 809, would prohibit cities from banning fracking and is now with Gov. Mary Fallin (R), who is expected to sign it into law. The second, SB 468, which would deem any interference with oil and gas production to be theft and allow the oil companies to sue for economic damages, has passed both legislative chambers but is currently held up in a joint House-Senate conference committee. According to LexisNexis State Net, measures are also currently pending in Texas to prohibit local governments from installing red light cameras (SB 714 and HB 1131), in Michigan (HB 4052) to block cities from raising the minimum wage or mandating certain employee benefits, and in California (AB 34) to give the state primacy over regulating medical marijuana dispensaries, now currently in the purview of cities and counties.
The reason for going local is simple, says political consultant Grant Gillham, who has worked on ballot measures and legislative campaigns all over the country: success at the local level, particularly in a major metropolitan area like Chicago or Los Angeles, is a great way to leverage statewide action down the road. It can also force opponents of a cause like hiking the minimum wage to fight costly battles on multiple fronts.
“For corporations, it is just a lot harder and a lot more expensive if you are trying to stop something in multiple locations at the local level than at the state level,” he says. “It really makes a strong argument for starting a campaign locally.”
Measures to override the results of those efforts have some people accusing state lawmakers of talking out of both sides of their mouths. After signing HB 40, Gov. Abbot was asked if Texas was being hypocritical for striking down local control when he and legislators routinely accuse the federal government of overreaching its authority and usurping states’ rights. Abbot rejected the claim.
“We have sued the federal government multiple times because of the heavy hand of regulation from the federal government – trying to run individuals’ lives, encroaching upon individual liberty,” he told the Texas Tribune. “At the same time, we are ensuring that people and officials at the local level are not going to be encroaching upon individual liberty or individual rights.”
Gillham calls Abbot’s stance “situational ideology,” though he adds that all parties are prone to use such logic when it suits their needs.
“Getting HB 40 through the Texas legislature was shooting fish in a barrel,” he says. “But most of the time it’s a fine line.”
Chris McKenzie, Executive Director of the League of California Cities, says there are many issues, such as traffic codes and civil rights standards, which really do cry out for statewide laws. And while he can cite many cases where cities have “fought small wars” of jurisdiction with state lawmakers – bills have been introduced in the California Legislature in each of the last three years that would strip cities and counties of all of their regulatory control over medical pot – he agrees that there are also just as many times where the two sides work together as partners. The League has in fact asked lawmakers in each of the last two years to step in to manage some elements of marijuana regulation he says cities don’t do well, such as oversight of pot cultivation that happens counties away from where it is consumed.
“We’re always searching for that sweet spot where the state can complement what we do,” he says.
That may have already happened to some degree again this year. Last Thursday the Assembly Appropriations Committee rejected AB 34, but parts of it were incorporated into another marijuana regulation bill, AB 266, which the League of California Cities is enthusiastically behind. AB 34’s author, Assemblymember Rob Bonta (D), has also signed on as a co-author on AB 266.
Meanwhile, back in Texas the search by Gov. Abbot,for lawmakers and cities to reach their own regulatory sweet spot remains ongoing. And if another pending bill, HB 2595 is any indication it may not be found any time soon. Under that measure, also backed by the oil industry and approved by the House on May 11, cities and counties would be barred from using ballot measures to “restrict the right of any person to use or access the person’s private property” for economic gain. The measure is currently in the Senate Committee on Natural Resources and Economic Development.
-- By RICH EHISEN
ALABAMA Gov. Robert Bentley (R) signs sweeping prison reform legislation that, among many things, adds hundreds of parole and pardons staff, reduces penalties for technical violations and authorizes the Alabama Law Enforcement Agency to establish a hardship driver’s license for released inmates, aimed at allowing inmates to make appointments for parole and travel to work and other needed appointments (MONTGOMERY ADVERTISER).
MINNESOTA Gov. Mark Dayton (D) signs legislation that requires Gopher State police and sheriff departments to report to the state the number of untested rape kits they currently hold and to submit a plan for ensuring those kits are properly analyzed (WDAZ.COM [GRAND FORKS].
The NEBRASKA Legislature overrides a veto by Gov. Dave Ricketts (R) of LB 268, a bill that abolishes capital punishment in the Cornhusker State (LINCOLN JOURNAL STAR).
NEVADA Gov. Brian Sandoval (R) signs AB 162, which requires on-duty officers to wear body cameras when responding to calls or during encounters with the public. Sandoval also signs SB 111, which allows for a tax to pay for the cameras (LAS VEGAS REVIEW-JOURNAL).
NEVADA, Gov. Sandoval signs AB 108, which allows judges to vacate convictions for trespassing, loitering, solicitation and prostitution if the defendant was also the victim of human trafficking or involuntary servitude at the time the crime occurred (ELKO DAILY FREE PRESS).
NEVADA, Gov. Sandoval signs AB 212, which increased the reporting deadline on sex assaults from four years to 20 years after the date of the alleged crime (KRNV NEWS4 [RENO]).
Raising prices at the gas pump is a risky proposition in California, where cars have always been king. In fact the state is one of only a few in the nation that haven’t raised gas taxes since the early ‘90s. But that could change this year, with a $59 billion backlog of roadway maintenance getting even anti-tax Republicans on board with the idea.
“We’re talking about taking some difficult votes,” said Sen. Anthony Cannella (R), vice chairman of the Senate Transportation Committee. “We’re going to get one bite at the apple, and I hope we get it right.”
Concern that waiting any longer on road repairs will put drivers at risk and cost taxpayers more is what made Sen. Jim Beall (D), chairman of the Senate Transportation Committee, introduce SB 16, which would raise $3 billion annually for transportation by increasing the gas tax 10 cents per gallon and imposing, increasing or redirecting other vehicle fees.
“This is an urgent crisis that we have to deal with now,” he said. “If we don’t, we’re leaving the next generation an astoundingly expensive problem.”
Gov. Jerry Brown (D) stated his intention to tackle transportation funding in his January inaugural address, but in order for Beall’s bill to get to the governor’s desk it will first have to win the approval of two-thirds of both the Assembly and the Senate. And with Democrats having lost their supermajorities in both chambers, the bill will need Republican support to do that.
But Beall’s bill drew only two “no” votes -- although more abstentions -- from Republicans on its way through two Senate committees, and Senate GOP leader Bob Huff called the measure a “creative” solution to a difficult problem.
“A clean, clear nexus between what’s being raised and how the money is being spent is the magic formula for winning Republican support on this,” he said. (SAN JOSE MERCURY NEWS)
Flanked by House Speaker Nicholas Mattiello (D) and Senate President Teresa Paiva Weed (D), Rhode Island Gov. Gina Raimondo (D) unveiled a $1.1 billion plan to rebuild or repair hundreds of Ocean State decaying bridges. Under the proposal, the state would pay for the work with a combination of a $700 million state revenue bond and approximately $400 million in federal highway funds. The state would repay the bond with an as still undetermined toll on commercial trucks. As reported by Rhode Island Public Radio, State Transportation Director Peter Alviti said the state plans to install roughly 17 to 20 electronic gantries on six highways around the state by the end of 2017, with revenue expected to reach $100 million annually. Raimondo said the charges imposed on trucks will not be extended to cars and other personal vehicles.
“It’s commercial vehicles, 18-wheelers and above,” she said. “And the fact of the matter is, those are the trucks that cause 90 plus percent of the damage on our roads and bridges. They’re also the ones that benefit most from high quality well-maintained roads, so to assess a modest user fee is a creative way of financing it.”
The plan drew immediate opposition from the state’s trucking industry, which says large trucks are being unfairly singled out. In a statement Rhode Island Trucking Association President Christopher Maxwell said the plan will impact all kinds of trucking and increase costs for small business owners.
“To our knowledge, every other state that the governor cited in her press release that has tolls also includes passenger vehicles. This type of inequitable taxation will only hinder economic growth,” he said. (PROVIDENCE JOURNAL, RHODE ISLAND PUBLIC RADIO)
This month, Florida Gov. Rick Scott (R) signed legislation requiring the state to implement an online voter registration system by October 2017. The decision was somewhat of a surprise because the bill, SB 228, was sponsored by a Democrat, Sen. Jeff Clemens. And also because Scott’s chief elections official, Secretary of State Ken Detzner, had fiercely opposed the measure at legislative hearings, at one point mentioning “forces of evil” set on disrupting the state’s 2016 presidential election in connection with the proposal.
More recently, Detzner told reporters Scott didn’t seek his advice on the bill, which despite his opposition, passed the House 109-9 and the Senate 37-3. Still, Scott expressed “some hesitation” in signing it, citing concerns about “the timing of required deliverables” and cybersecurity.
“Cyberattacks are on the front pages almost every day, and fraud and identification theft issues arise whenever a new avenue for information transmittal is created,” he wrote in his signing letter.
If all goes as planned, Florida will eventually join the 21 other states that have already implemented online voter registration. (TAMPA BAY TIMES)
Michigan collected twice as much in “sin taxes” from drinkers and smokers than in income taxes from businesses last year, according to an analysis of tax data by The Detroit News. Taxes on beer, wine, liquor and tobacco topped $290 million, while business income taxes -- after taking into account the nearly $769 million in tax credits resulting in part from the sweeping business tax relief package enacted by the state’s Republican-controlled Legislature and Gov. Rick Snyder (R) in 2011 -- netted only about $138 million, much to the annoyance of some Democratic lawmakers.
“I think the pendulum has swung too far,” said Rep. Jim Townsend (D). “The fact that businesses are paying less than smokers and drinkers tells you something about our priorities.”
But Republicans and business groups disagree with that assessment, pointing out that corporations also pay property, utility and other taxes.
“We’re paying more than our fair share,” said Charlie Owens, state director of the National Federation of Independent Business. “We’re not getting sweetheart [tax credit] deals, we’re not getting carve-outs.” (DETROIT NEWS, LEXISNEXIS STATE NET)
A three-judge panel of the 9th U.S. Circuit Court of Appeals has reversed a U.S. District judge’s ruling in 2012 upholding Montana’s limits on campaign contributions. The 9th panel ruled that the standard U.S. District Judge Charles Lovell of Helena used in deciding there was a state interest for Montana's campaign spending limits didn’t take into account the U.S. Supreme Court’s Citizens United ruling in 2010 lifting the ban on corporate political spending. The standard is much tougher now, the panel said.
“Now, the prevention of quid pro quo corruption, or its appearance, is the only sufficiently important state interest to justify limits on campaign contribution,” wrote Judge Carlos Bea.
The ruling applies to the nine Western states in the 9th Circuit's district, only one of which, Oregon, has no limits on campaign donations. As of 2013, 38 states had some form of contribution limits, according to the National Conference of State Legislatures. (MISSOULIAN)
The U.S. Supreme Court has upheld a 2013 Maryland Court of Appeals ruling declaring that the state’s unusual practice of denying taxpayers a credit on the county segment of the state’s income tax wrongly exposes those who earn income out-of-state to double taxation. The justices said that practice violated the Constitution’s commerce clause because it potentially discourages individuals from conducting business across state lines.
With 55,000 Maryland taxpayers who filed returns between 2006 and 2014 potentially now eligible for a refund, the ruling in Comptroller of the Treasury of Maryland v. Wynne could end up costing the state $200 million with interest, potentially necessitating a major property tax increase next year, according to County Executive Isiah Leggett.
“I was hoping we would avoid this,” he said.
The decision could also affect other states with similar tax laws, including Indiana, New York and Pennsylvania. (WASHINGTON POST)
The MICHIGAN Senate approves HB 4041, a bill that would end cash assistance for families where a child is considered chronically truant as determined by school district rules. The families would lose about $386 per month in cash assistance but would not lose access to food stamps or housing benefits. The bill returns to the House (DETROIT FREE PRESS).
NEVADA Gov. Brian Sandoval (R) signs SB 504, anti-bullying legislation that among several things sets up a 24-hour hotline to report incidents of bullying, requires same-day parental notification when a bullying incident is reported and mandates that investigations into those incidents begin within 48 hours (LAS VEGAS REVIEW-JOURNAL).
COLORADO Gov. John Hickenlooper (D) signs HB 1323, which eliminates all state-mandated tests for 12th grade students in the Centennial State (DENVERCBSLOCAL.COM).
COLORADO Gov. John Hickenlooper (D) has signed a bill (HB 1057) requiring citizen petitions for constitutional amendments to include estimates of the proposals’ fiscal impact. Currently such estimates aren’t required until before the vote (CBS DENVER).
The KANSAS Legislature passed SB 34, authorizing the secretary of state to bring criminal charges against alleged illegal voters. Opponents of the measure say it gives too much power to the state’s current secretary of state, Kris Kobach (R), who has repeatedly claimed illegal voting by immigrants taints the state’s elections (WICHITA EAGLE, LEXISNEXIS STATE NET). * Also in KANSAS, legislators are threatening to cut off funding for the state’s judicial branch if the state’s Supreme Court strikes down a law passed last year requiring that chief judges in district courts be elected by other judges in the district instead of being appointed by the Supreme Court, as was the case before the law’s passage (LAWRENCE JOURNAL WORLD).
OREGON lawmakers are working on a bill (HJR 31) that would grant them the power to impeach elected officials. Oregon is the only state in the nation that does not have an impeachment procedure (DAILY ASTORIAN).
A plan in the works in RHODE ISLAND, dubbed “RhodeWorks,” aims to raise $1.1 billion for bridge repairs and road maintenance through the imposition of new highway tolls on big commercial trucks (PROVIDENCE JOURNAL).
WISCONSIN lawmakers are considering a tax on the sale of new bicycles to pay for infrastructure like bike paths and lanes (WISCONSIN STATE JOURNAL [MADISON]).
A proposed 2016 ballot measure aimed at raising income taxes on millionaires failed in the ILLINOIS House, despite the backing of House Speaker Michael Madigan (D). But Madigan could use the issue to go after Republicans in next year’s legislative races (CHICAGO TRIBUNE).
PENNSYLVANIA Gov. Tom Wolf (D) wants to subject all state lottery winnings over $600 to the state’s 3.07 percent income tax. Pennsylvania and CALIFORNIA are the only states that currently exempt lottery winnings from income taxes (CBS PITTSBURGH, LEXISNEXIS STATE NET).