Capitol Comments

CSG Midwest
Starting in July, Minnesotans will have the option of buying alcohol on Sunday, the result of legislation (HF 30) signed into law in March. Minnesota and Indiana have been the only two states in the Midwest with Sunday-sales bans. Indiana’s SB 83, introduced in January, would allow the state’s grocery and drug stores to get a supplemental dealer’s permit and sell alcoholic beverages on Sunday; liquor store dealers would not need this permit. 
CSG Midwest
Indiana, Wisconsin, North Dakota and Iowa have made the top-10 list in a recent U.S. News & World Report study that explores how well state governments are being administered across the country. Four metrics were used to evaluate all 50 states: fiscal stability, government digitalization, budget transparency and state integrity.
CSG Midwest

Individuals put in prison for a crime they did not commit are now eligible for compensation in Michigan. For every year in which a person was wrongfully incarcerated, he or she will be eligible for $50,000 from the state. Individuals have 18 months upon being released from custody to seek compensation via the Michigan Court of Claims. SB 291, signed into law in late 2016, directs Michigan’s treasurer to establish a wrongful-imprisonment compensation fund.

CSG Midwest
Big changes in public-sector collective bargaining are coming to Iowa under one of the first bills signed into law during the 2017 session. According to The Des Moines RegisterHF 291 got passed along mostly partisan lines and brought labor-union representatives from across Iowa to the Capitol to protest the rewrite of a 43-year-old state law. 

The Supreme Court held unanimously in Endrew F. v. Douglas County School District that public school districts must offer students with disabilities an individual education plan (IEP) “reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.”

The Court rejected the Tenth Circuit’s holding that an IEP must merely confer “some educational benefit” that is “more than de minimis.”

This ruling came down while Supreme Court nominee Judge Neil Gorsuch was testifying before the Senate Judiciary Committee. Judge Gorsuch was the author of a 2008 opinion which was the basis for the Tenth Circuit’s opinion in Endrew F.

The Supreme Court held unanimously in Endrew F. v. Douglas County School District that public school districts must offer students with disabilities an individual education plan (IEP) “reasonably calculated to enable a child to make progress appropriate in light of the child’s circumstances.”

The Court rejected the Tenth Circuit’s holding that an IEP must merely confer “some educational benefit” that is “more than de minimis.”

This ruling came down while Supreme Court nominee Judge Neil Gorsuch was testifying before the Senate Judiciary Committee. Judge Gorsuch was the author of a 2008 opinion which was the basis for the Tenth Circuit’s opinion in Endrew F.

Maryland Delegate Cory McCray is currently sponsoring a bill moving through the House of Delegates entitled the POWER (Providing Our Workers...

In Manuel v. City of Joliet the Supreme Court held 6-2 that even after “legal process” (appearing before a judge) has occurred a person may bring a Fourth Amendment claim challenging pretrial detention. The State and Local Legal Center (SLLC) filed an amicus brief arguing that malicious prosecution claims cannot be brought under the Fourth Amendment. The Supreme Court didn’t address this issue in its decision.

Elijah Manuel was arrested and charged with possession of a controlled substance even though a field test and a lab test indicated his pills weren’t illegal drugs. A county court judge further detained Manuel based on a complaint inaccurately reporting the results of the field and lab tests. Forty-eight days later Manuel was released when another laboratory test cleared him.  

The Urban Institute released an analysis of the state-by-state impact of the AHCA, 2019 to 2028. The Urban Institute looked at the impact of the proposal on state funding (see Table 5). If states made up for the loss of federal funds with state funds, it would require a 16.1 percent increase in all states' Medicaid spending over the ten year period. 

Confirmation hearings generally follow a predictable course; Judge Gorsuch’s hearings have been no exception. Senators from the other side of the aisle as the President ask the nominee pointed questions on controversial topics which the nominee does his or her best to politely avoid answering. As a result, many issues of interest to states and local governments receive little meaningful attention.

While a friendly Senator (Flake, R-AZ) asked Judge Gorsuch whether a particular case he ruled in was consistent with the “principle of states as laboratories of democracy” and another friendly Senator (Crapo, R-ID) asked Judge Gorsuch to discuss the Tenth Amendment, federalism was rarely discussed as such and preemption wasn’t discussed at all. Likewise, many of the issues of particular importance to local governments—qualified immunity and property rights—also were not discussed.

Judge Gorsuch did discuss numerous times that judges should not act as legislators. “I get four law clerks for one year at a time. If you were to make laws, you wouldn't design a system where you'd let three older people with four law clerks straight out of law school legislate for a country of 320 million people.”

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