Capitol Comments

In South Dakota v. Wayfair South Dakota is asking the Supreme Court to rule that states and local governments may require retailers with no in-state physical presence to collect sales tax. Doing so will require the Court to overrule Quill v. North Dakota (1992), where it held that states and local governments cannot require a business to collect sales tax unless the business has a physical presence in the state.

Based on oral argument the Court is likely to follow one of three paths. It could keep the physical presence test and not overturn Quill. It could overturn Quill and replace (or add to) the physical presence test an economic nexus test (like the South Dakota law which requires out-of-state vendors to collect tax only if they annually conduct $100,000 worth of business or 200 separate transactions annually in the state). Finally, it could overturn Quill and allow states to require all out-of-state vendors to collect sales tax no matter how much (or little) business they do in a state.

With many legislatures wrapping up sessions this month or already adjourned sine die, it seems like a good time to check in on efforts to seek additional transportation revenues. This year appears to be holding true to form as an even-number election year when votes for gas tax increases and other measures are a bit harder to come by. Still, some states have experienced limited success in moving measures while others remain hopeful for action this year on the transportation funding front.

In South Dakota v. Wayfair South Dakota is asking the Supreme Court to overrule precedent and hold that states and local governments may require retailers with no in-state physical presence to collect sales tax. The National Conference of State Legislatures estimated that states lost $23.3 billion in 2012 from being prohibited from collecting sales tax from online and catalog purchases. 

In 1967 in National Bellas Hess  v. Department of Revenue of Illinois, the Supreme Court held that per its Commerce Clause jurisprudence, states and local governments cannot require businesses to collect sales tax unless the business has a physical presence in the state.

Twenty-five years later in Quill v. North Dakota (1992), the Supreme Court reaffirmed the physical presence requirement but admitted that “contemporary Commerce Clause jurisprudence might not dictate the same result” as the Court had reached in Bellas Hess.

While state policy makers frequently express concern about the increasing percentage of state funds required to fund their Medicaid programs, the programs bring in large amounts of federal dollars to states. Across all states, two thirds of all federal grant funds received by states in 2017 are for Medicaid health services for low-income, disabled and elderly individuals. 

Connecticut held a meeting on March 2, 2018 on occupational licensure with assistance from The Council of State Governments, or CSG, the National Conference of State Legislatures, or NCSL and the National Governor’s Association, or NGA.

Following a nationwide search for a place in which to locate its second headquarters, Amazon is expected to announce a winner perhaps soon from among a group of 20 finalists announced in January. As I noted in a post last Fall, the heated competition for HQ2 has not only demonstrated the growing importance of ecommerce and logistics to the nation’s economy but also allowed communities to tout existing infrastructure assets or proposed infrastructure improvements as part of their bids to attract the project. As the finalists have tried to shore up their bids in recent weeks and those that failed to make the list have begun to examine what went wrong, transportation and infrastructure issues have come into play in a variety of ways.

A recent report by the U.S. Fish and Wildlife Service shows the continued decline in the number of Americans who hunt. Currently, only about 5 percent of people 16 and over hunt, whereas it was nearly double that five decades ago. Less people acquiring a hunting license has created funding problems for state conservation programs,...

Human Rights Watch, a nonprofit, nongovernmental human rights organization, released a report earlier this year that claims some nursing homes are overprescribing antipsychotic drugs to manage the behavior of dementia patients even though antipsychotic drugs are...

The Supreme Court issues a few summary reversals a term where it overturns a lower court decision without briefing or oral argument. Few summary reversals receive much attention because they are “usually reserved . . . for situations in which the law is settled and stable, the facts are not in dispute, and the decision below is clearly in error.” While the majority of the Supreme Court sees Kisela v. Hughes this way, Justice Sotomayor disagreed in a headline-grabbing dissenting opinion describing this case as allowing police officers to “shoot first and think later.”   

Officers arrived at Amy Hughes’s house after being told a woman was hacking a tree with a kitchen knife. Officers saw Hughes emerge from her house carrying a large kitchen knife at her side. Hughes stopped no more than six feet away from her roommate, Sharon Chadwick. After officers told Hughes twice to drop the knife and she did not comply, Officer Kisela shot her four times.

Divisive politics can be disheartening for both constituents and elected officials, but collaboration across party lines still happens in government.

Vermont Lt. Gov. David Zuckerman, a Progressive/Democrat, is proud of efforts that have been made in his state to put individuals before party affiliation. A former state representative and former state senator, Zuckerman said members of the minority party have served in some of the committee chair and vice chair positions for most of the 20 years that he has been in office.

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