CSG Midwest

Wisconsin Gov. Scott Walker has signed into law nine welfare reform bills as part of what he has called his  Wisconsin Works for Everyone” plan.

According to the Milwaukee Journal Sentinel, the bills require able-bodied FoodShare program participants with school-age dependents to work 30 hours per week (up from 20); create drug testing and work requirements for public housing programs; and put asset limits on the FoodShare and Welfare to Work programs, excluding those with homes valued at or above $321,000 and personal vehicles worth more than $20,000.

CSG Midwest

With the signing in March of South Dakota's SB 62, every state in the Midwest now has a law that requires consumers to be informed of data breaches involving their personal information.

The new South Dakota statute describes this type of breach as the unauthorized acquisition of computerized data that “materially compromises the security, confidentiality or integrity of personal or protected information” — for example, a person’s name combined with his or her Social Security number, email address, or credit card information. Notification to the consumer must be made within 60 days. A breach involving more than 250 South Dakotans must be reported to the state attorney general.

In Abbott v. Perez a number of persons and advocacy groups challenged the Texas Legislature’s 2011 state legislative and congressional redistricting plan claiming it discriminated against black and Hispanic voters in violation of the Constitution’s Equal Protection Clause and the Voting Rights Act.

In 2011 a three-judge district court issued a remedial redistricting plan which the U.S. Supreme Court vacated in 2012. The district court then drew another remedial redistricting plan which the state legislature adopted in 2013.               

In this case the challengers claim that the plan as adopted by the state legislature still has the “taint of discriminatory intent” of the 2011 legislative plan. The district court agreed despite the fact that it is the author of 2013 plan. The Supreme Court heard oral argument in this case.

CSG Midwest

This past week, Arizona Gov. Doug Ducey signed a bill banning all marriages for minors under 16 years old. For 16 and 17-year old minors, parental consent is required and their partners can’t be more than three years older. Arizona is the third state to pass legislation to increase barriers to underage marriage in the last four weeks.

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In July 2017 the Department of Justice (DOJ) added two new requirements for states and local governments to receive federal Edward Byrne Justice Assistance Grants (Byrne JAG) for law enforcement funding. Chicago sued Attorney General Jeff Sessions arguing he lacks the statutory authority to impose these conditions.

In September 2017 an Illinois federal district court granted Chicago’s request for a nationwide preliminary injunction temporarily disallowing DOJ from imposing the two new requirements. Last week, the Seventh Circuit affirmed the lower court’s decision.     

Ten emergency departments in Colorado volunteered to participate in a Colorado Hospital Association project to reduce the use of opioids over a six-month period in 2017. Data collected upon completion of the project showed a 36 percent reduction in opioid use, far exceeding the project goal of a 15 percent reduction. All ten hospital emergency departments posted opioid prescription rates beat the 15 percent reduction goal.

The Council of State Governments Justice Center is providing in-depth analysis to help 11 states achieve their occupational licensure goals. CSG launched the occupational licensure project in partnership with the Department of Labor, or DOL, the National Conference of State Legislatures and the National Governors Association. The DOL scope includes assessing potential barriers to obtaining specific occupational licenses for target populations in 11 consortium states, including military spouses and children, immigrants with work authorizations, people with criminal records, and unemployed and displaced workers.

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.

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