Capitol Comments

CSG Midwest
Nebraska and Ohio are two of the latest states with new policies that signal a transportation future with many more autonomous vehicles in use. Nebraska’s LB 989, signed into law in April, allows for these vehicles to operate on state roads. The new law also prevents local governments from imposing its own performance standards or levying taxes specific to autonomous vehicles. Another provision in LB 989 allows for operation of an “on-demand driverless-capable vehicle network” — for example, a Lyft- or Uber-type service that uses driverless vehicles.
CSG Midwest
Ohio voters overwhelmingly gave approval in May to a legislatively referred constitutional amendment that encourages a bipartisan approach to how congressional maps are drawn. Under SJR 5, which takes effect with the next round of redistricting, the state General Assembly will get the first chance at drawing new U.S. House district lines. Any plan must receive a three-fifths “yes” vote in both the Ohio House and Senate, including support from at least half of the members of each of the state’s two largest political parties. The plan also would require gubernatorial approval.
CSG Midwest
Starting July 1, Iowa will have “the strictest abortion law in the country,” the Des Moines Register reports. SB 359 requires doctors to test for a fetal heartbeat; if one is detected, an abortion cannot be performed, except when required to preserve the life of the pregnant woman or protect her from “serious risk of substantial or irreversible impairment of a major bodily function.”
CSG Midwest
In 2017, because they lacked the authority to require the collection of sales taxes on remote sales, states and local governments lost up to $13 billion. With one Midwestern state leading the way, this legal and fiscal landscape could change soon, depending on how the U.S. Supreme Court rules in South Dakota v. Wayfair.
For now, a 1992 decision, Quill Corp. v. North Dakota, is the law of the land. It says that, minus congressional action, a state can only require businesses with a substantial presence, or nexus, to collect and remit the sales tax. That ruling has affected not only state tax bases, but the competitiveness of Main Street businesses as well — particularly with the rise of electronic commerce (see line graph).
Four years ago, The Council of State Governments, in partnership with the State and Local Legal Center and members of the Big Seven organizations representing state and local governments, filed an amicus brief critiquing Quill, which prompted Justice Anthony Kennedy to ask for a case to overturn the ruling.
CSG Midwest
Over the next five years, the state of Kansas will invest an additional half-billion dollars in its K-12 schools as the result of legislation signed into law earlier this year. “The amount of money that we have committed to spend is, at least, approaching an appropriate level,” says Kansas Rep. Melissa Rooker, noting that legislators already had increased state funding by $300 million during the 2017 session.
Finding that “appropriate level,” not only in the eyes of the Legislature but also the state Supreme Court, has dominated discussion in Topeka for the past several years. Last October, following passage of legislation in 2017, the Kansas Supreme Court ruled that the state still had not proven the constitutionality of its finance system.

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