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While a comprehensive infrastructure bill may not be in the cards for 2018, that doesn’t mean infrastructure won’t factor into this year’s Congressional agenda. It also didn’t mean Infrastructure Week (May 14-21) was completely devoid of infrastructure-related news. Far from it. Here’s a roundup of some of the infrastructure news from the last couple of weeks.

On March 23, President Trump signed the Consolidated Appropriations Act of 2018 into law, a federal law that included $380 million in grants to be made available to states. This 2018 HAVA Election Security Fund is the first new appropriations to be dispersed to states since Fiscal Year 2010.

Virginia has the largest known uranium deposit in the United States. Since its discovery in the 1980s the Virginia legislature has banned uranium mining. Unsurprisingly the land owner, Virginia Uranium, wants to mine. In Virginia Uranium v. Warren the Supreme Court will decide whether the Atomic Energy Act (AEA) preempts the ban.

The AEA allows states to “regulate activities for purposes other than protection against radiation hazards.” Virginia and Virginia Uranium agree uranium mining isn’t an “activity” per the AEA so states may regulate it for safety reasons. Uranium-ore milling and tailings storage are “activities” under the AEA so states can’t regulate them for safety reasons. Milling is the process of refining ore and tailings storage refers to the remaining (radioactive) material which must be stored.

Would it surprise you to learn that more than 750,000 people in Oklahoma, including most Tulsa residents, live on an Indian reservation? That isn’t exactly what the Tenth Circuit held in Murphy v. Royal. But it illustrates what is at stake in this case, which the Supreme Court will decide next term.  

Patrick Murphy killed George Jacobs. Oklahoma prosecuted Murphy. Per the Major Crimes Act states lacks jurisdiction to prosecute Native Americans who commit murder in “Indian country.” Murphy is Native American. Murphy and Oklahoma disagree over whether the murder took place on a Creek Nation reservation.

Utah’s Department of Commerce issued a 2018 legislative brief that includes a comprehensive and proactive approach to reducing occupational licensing constraints and barriers. Utah is part of CSG’s occupational licensing project, which includes an 11-state consortium that includes Arkansas, Colorado, Connecticut, Delaware, Illinois, Indiana, Kentucky, Maryland, Nevada, Utah and Wisconsin.

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
For the first time in 20 years, South Dakota legislators are in line to receive a pay raise — big news in a state that has had one of the lowest legislative compensation levels in the nation. Starting next year, the salaries for South Dakota’s 105 part-time legislators will be adjusted annually to equal 20 percent of the state’s median household income. That means a jump in annual pay from $6,000 in 2018 to an estimated $10,200 in 2019.
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.

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