Capitol Comments

In Christie v. National Collegiate Athletic Association the Supreme Court will decide whether the 1992 Professional and Amateur Sports Protection Act (PASPA) prohibition against state-sanctioned sports gambling is unconstitutional commandeering.

New Jersey first amended its constitution to allow some sports gambling and then passed a law repealing restrictions on sports gambling. In both instances New Jersey Governor Chris Christie was sued for violating PASPA. In both cases Christie responded that PASPA unconstitutionally commandeers states in violation of the Tenth Amendment.

The Centers for Disease Control and Prevention, or CDC, estimates that 91 Americans die each day from an opioid overdose. The opioid epidemic is one of the biggest public health challenges in the United States today, leading to higher drug abuse rates, increasing health care costs and imposing additional stress on state budgets. Three new reports released in June 2017 demonstrate the growing need for solutions.

State policymakers from around the country attended the CSG Autonomous and Connected Vehicle Policy Academy June 12-14, 2017 in Detroit. Attendees heard from representatives of the automotive industry, university researchers, state department of transportation officials and others about how states are preparing for the autonomous and connected vehicle future. This page provides an archive of resources from the academy and links to further reading.

Last week in Washington, D.C. 27 state legislative leaders gathered for the sixth annual CSG Medicaid 101 Policy Academy. Attention was focused on the Medicaid reform plan, called the Better Care Reconciliation Act of 2017, under consideration in the U.S. Senate following the House approval of the American Health Care Act in early May. CSG prepared a brief side-by-side comparison of the...

Kansas City, Missouri like many other jurisdictions across the nation, have found themselves in need of new voting equipment to enhance customer service for voters during the election process.

CSG Midwest
Stuck between the reluctance to raise taxes and the omnipresent need to fix transportation systems, legislators and governors may well feel the frustration of drivers caught in traffic. In Wisconsin, for example, Gov. Scott Walker and Assembly and Senate Republicans have been at odds over how to close an almost $1 billion deficit in transportation spending. Walker’s initial $6.1 billion transportation budget, unveiled earlier this year, included a $40 million increase in general transportation aid to local governments and $500 million in borrowing.
In early May, Assembly Republicans proposed raising gasoline taxes to pay for roads while significantly cutting income taxes over the course of a decade, moving from the state’s progressive income tax to a 3.95 percent “flat tax.” Their plan includes new fees on hybrid ($30) and electric vehicles ($125) and the elimination of tax credits aimed at homeowners. It also would cut the existing 30.9-cent per-gallon fuel tax by 4.8 cents while applying the 5 percent state sales tax to fuel purchases.
The Legislative Fiscal Bureau estimated those changes would increase revenue by about $380 million over the next two years, most of which would be used to reduce the borrowing that Walker proposes (from $500 million to $200 million) and to eliminate a transfer of funding from the general fund to the transportation fund.
Gov. Walker rejected the plan’s new sales tax on gasoline, saying it amounts to a new gas tax, but has indicated that he’s open to the tolling of interstates (another proposal from Assembly leaders), if such a plan brings in revenue from out-of-state drivers and is linked to a reduction in the gas tax.
A budget all sides can accept remained elusive as of mid-June. Absent a budget in place before the state’s new fiscal year began on July 1, funding would continue at current levels until one is approved.
Since 2012, six Midwestern states — Indiana, Iowa, Michigan, Nebraska, North Dakota and South Dakota — have raised gas taxes to provide additional transportation funding. Collectively, half of all U.S. states have enacted transportation funding packages since 2012 to make up for the erosion of gas tax revenues by inflation, says Joung Lee, policy director at the American Association of State Highway and Transportation Officials.

In Pavan v. Smith, a per curiam (unauthored) decision heard without briefing or oral argument, the U.S. Supreme Court reversed an Arkansas Supreme Court judgment that an Arkansas statute, which allows only the biological mother of a child born to a same-sex married couple to be listed on the birth certificate, is constitutional.

Terrah and Marisa Pavan married in New Hampshire in 2011, and Terrah gave birth to a child in Arkansas in 2015. The Arkansas Department of Health issued a certificate bearing only Terrah’s name based on a provision of the Arkansas code specifying that “[i]f the mother was married at the time of either conception or birth . . . the name of [her] husband shall be entered on the certificate as the father of the child.” This provision applies even if a child is conceived through artificial insemination, as the Pavan’s daughter was, and it is impossible that the mother’s husband is the child’s biological father.

It is rare for the Supreme Court to rule that a lower court improperly granted a police officer qualified immunity. It is perhaps even rarer for the Supreme Court to clarify its tried and true qualified immunity standard.

In Hernandez v. Mesa the Supreme Court ruled that the lower court erred in granting qualified immunity to a police officer based on facts unknown at the time of the shooting, but favorable to the officer. More generally, it clarified that the facts learned after an incident are not relevant to granting or denying qualified immunity.  

In Trinity Lutheran Church of Columbia, Inc. v. Comer the Supreme Court held 7-2 that Missouri violated Trinity Lutheran Church’s free exercise of religion rights when it refused, on the basis of religion, to award the Church a grant to resurface its playground with recycled tires.

Trinity’s preschool ranked fifth among 44 applicants to receive a grant from Missouri’s Scrap Tire Program. Missouri’s Department of Natural Resources (DNR) informed the preschool it didn’t receive a grant because Missouri’s constitution prohibits public funds from being used “directly or indirectly, in aid of any church, sect, or denomination of religion.” Trinity sued the DNR claiming it violated the Church’s First Amendment free exercise of religion rights.

While election processes are administered in the counties of most states, Wisconsin municipalities handle elections. Instead of 50-150 voter jurisdictions, Wisconsin voters must figure out which of the 1,852 municipalities to register and cast their votes. Wisconsin has recently launched initiatives to assist all voters, but particularly those voting absentee as military and overseas voters.

Pages