Capitol Comments

President Trump signed an executive order yesterday entitled, “Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure.” The order is the administration’s first major action on the issue. The President pledged during the campaign to begin a, “long and overdue national discussion on how to protect ourselves from modern cybercrime and evolving national security threats and how to...

On May 7, 2017, Governor Abbott signed SB 4 into law in Texas. Among numerous other things, it requires local governments to honor Immigration and Customs Enforcement (ICE) detainers, punishable by a Class A misdemeanor.

Many cities and counties don’t respond to warrantless ICE detainers because numerous courts have held that doing so violates the Fourth Amendment. Last month a federal district court concluded that to the extent President Trump’s sanctuary jurisdictions executive order requires honoring warrantless ICE detainers “it is likely unconstitutional under the Tenth Amendment because it seeks to compel the states and local jurisdictions to enforce a federal regulatory program through coercion.”

Representative Gene Whisnant

Individuals with disabilities are major contributors to the modern workforce. However, the unemployment rate for those with disabilities is almost double  the unemployment rate of the general population according to the Bureau of Labor Statistics. Taking the proper steps to provide workers with disabilities the appropriate accommodations could reduce this high unemployment rate, and provide opportunities to thrive at work. Employment is the most direct and cost-effective...

A new research article featured in JAMA May 8, 2017, found that life expectancy in counties across the U.S. differ greatly and that the disparities are growing.

Life expectancy for children born in 2014 was 79.1 years, with slightly higher expectancy for females –81.5 years – and slightly lower for males – 76.7. But the averages...

In Bank of America v. Miami the Supreme Court held 5-3 that local governments have “standing” to bring Fair Housing Act (FHA) lawsuits against banks alleging discriminatory lending practices. But to win these claims local governments must show that their injuries were more than merely foreseeable. The State and Local Legal Center (SLLC) filed an amicus brief in this case on the side of the City of Miami.    

Miami claims that Bank of America and Wells Fargo intentionally issued riskier mortgages on less favorable terms to African-American and Latino customers than similarly situated white customers in violation of the FHA. Miami further claims these discriminatory practices caused foreclosures and vacancies which harmed the city by decreasing property values, reducing property tax revenue, and increasing costs to the city.  

How much states spend on children’s health, education, income supports and social services differs greatly according to a just-released Urban Institute report, titled Unequal Playing Field.

The top spending state – Vermont – charted per child expenditures of $13,430, three times as much as Utah’s per child spending of $4,594. The national average was $7,923. Spending in each state was  adjusted for the state cost of living.

According to a recent U.S. Census report, a majority of young adults (aged 18 to 34) lived independently in their own household in 2005. That is, they didn’t live with their parents or with roommates. This was the predominant living arrangement in 35 states. Just a decade later those figures have shifted dramatically.

Last week, President Trump signed an executive order directing the U.S. Department of the Interior to review the establishment of national monuments made under the Antiquities Act. The review will focus on sites designated since 1996 that comprise at least 100,000 acres.

The Antiquities Act of 1906 authorizes the President to proclaim national monuments on federal land to protect areas...

The D.C. Circuit Court of Appeals has granted the Trump Administration’s request to hold the Clean Power Plan (CPP) case in abeyance—for 60 days. The court also asked the parties to brief whether the case should be sent back to the Environmental Protection Agency (EPA), which would, practically speaking, invalidate the rule. At 30-day intervals EPA must file status reports with the court.

The court didn’t explain its reasons but likely it is concerned President Trump’s March 28 executive order (EO) Promoting Energy Independence and Economic Growth means the demise of the version of the CPP the court has been considering. The EO calls for the “suspending, revising, or rescinding,” of the CPP, if appropriate after EPA review.

CSG Midwest
South Dakota legislators agreed this year to provide new tax incentives for private landowners who help protect the state’s water resources from agricultural runoff. The goal of SB 66 is to encourage the use of buffer strips that filter out nutrients and keep these pollutants from reaching a water body. 

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