Capitol Comments

CSG Midwest
No state in the Midwest requires that a certain percentage of contracts be given to minority- or women-owned businesses. (Outside the region, Connecticut requires that 6.25 percent of the value of state and local government contracts go to companies owned by women, minorities or disabled individuals.) However, at least three states have specific goals set in statute: Illinois, Ohio and Wisconsin.
CSG Midwest
In some rural parts of Ohio, access to broadband seems a long way off, with entire areas lacking access to high-speed internet service. For other businesses and residents, the infrastructure is frustratingly close, but out of reach.
“We have a marbling effect throughout the rest of the state — even in suburban and urban areas — where we have a street over here or a cluster of homes over there that cannot get broadband infrastructure built out to them,” Ohio Rep. Rick Carfagna explains.
Two separate bills are being considered this year to address those two distinct problems associated with Ohio’s digital divide.
Under HB 378, the state would use some money from its existing Third Frontier Initiative ($50 million for each of the next two years from the proceeds of bond issues) to help fund broadband infrastructure projects in underserved areas of the state.
CSG Midwest
A new law in Nebraska will help victims of sex trafficking clear their records of prostitution or other offenses that were a direct result of their being trafficked. The new statute applies to both convictions (crimes committed by adults) and adjudications (offenses committed by minors).
CSG Midwest
As a young man growing up in northern Indiana, Bob Kulp fell off a tractor and got run over by it, a nearly fatal accident. Now a state legislator in Wisconsin, Kulp is looking to get state support for grants that help avoid these and other types of tractor-related accidents (they are the leading cause of farm-related deaths; see pie chart).
Rollovers kill almost 100 farmers a year, according to the National Safety Council, while even more people are permanently disabled from these incidents. Under Kulp’s proposal (AB 827), state funding would go to cost-share programs that help farmers purchase and install rollover protections. These types of structures (roll bars or roll cages), plus use of a seat belt, are 99 percent effective in preventing injury in the event of a tractor overturn.
All tractors built since the mid-1980s have these structures, but about half of the tractors in use today were built before that time. According to Kulp, many farmers in his district, especially those with small operations, drive older tractors and plan to pass them on for use by the next generation of agriculture producers.
Six U.S. states, including Minnesota, already have grant programs to encourage the installation of rollover protection structures. Over the past two years, Minnesota legislators have appropriated $250,000 and $150,000, respectively, and also helped raise private funds. (According to the state Department of Agriculture, private funds have been contributed by ADM, AgCountry, AgriBank, AgStar, Cargill, CHS Inc., Land O’Lakes and United FCS.)

In Byrd v. United States the Supreme Court held unanimously that the driver of a rental car generally has a reasonable expectation of privacy in the rental car even if he or she isn’t listed as an authorized driver on the rental agreement.   

A state trooper pulled Terrance Byrd over for a possible traffic infraction. Byrd’s name was not on the rental agreement. He told the officer a friend had rented it. Officers searched the car and found 49 bricks of cocaine and body armor.

While the Fourth Amendment prohibits warrantless searches, generally probable cause a crime has been committed is enough to search a car. To claim a violation of Fourth Amendment rights a defendant must have a “legitimate expectation of privacy in the premises” searched.  

The legal issue in Guido v. Mount Lemmon Fire District could not be simpler; but the law is tricky. In this case the Supreme Court will decide whether the federal Age Discrimination in Employment Act (ADEA) applies to state and local government employers with less than 20 employees. The State and Local Legal Center (SLLC) amicus brief argues it should not.

John Guido was 46 and Dennis Rankin was 54 when they were terminated by the Mount Lemmon Fire District due to budget cuts. They claim they were terminated because of their age in violation of the ADEA. They were the oldest of the district’s 11 employees. 

The fire district argues that the ADEA does not apply to it because it employs fewer than 20 people.

In a 6-3 decision in Murphy v. National Collegiate Athletic Association the Supreme Court declared the federal Professional and Amateur Sports Protection Act (PASPA) unconstitutional. PASPA, adopted in 1992, prohibits states from authorizing sports gambling. The State and Local Legal Center (SLLC) filed an amicus brief asking the Court to rule PASPA violates the Constitution’s anticommandeering doctrine.  

As a result of this decision state legislatures may repeal state laws banning sports betting and/or pass laws allowing sports betting.

Greetings from Washington, D.C. As Infrastructure Week 2018 kicks off today here and around the country, a federal infrastructure push appears increasingly unlikely this year. For state and local governments that means doing what they’ve been doing for years: trying to fill the gap.

Construction is predicted to be one of the fastest growing sectors in the next decade, according to the U.S. Bureau of Labor Statistics. In order to meet this demand, states have begun to enact new legislation and programs aimed at increasing the number of students attending vocational and technical education programs.

In 2017, Tennessee Gov. Bill Haslam signed a ...

By Michael Secchiaroli

On April 27, 2018, the House overwhelmingly approved a bipartisan five-year reauthorization of the Federal Aviation Administration, or FAA. The bill, which passed by a margin of 393-13, seeks to establish policy priorities and provide long-term stability for the FAA. This legislation covers a range of policy areas from airline passenger rights to the development of aviation technology.

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