Capitol Comments

Ball is Now in Secretary Ross’s Court SCOTUS Rules in Census Case

Thursday, June 27, 2019 at 12:47 PM

Chief Justice Roberts joined his more liberal colleagues (Justices Ginsburg, Breyer, Sotomayor, and Kagan) concluding the reasons Commerce Secretary Wilbur Ross gave for adding the citizenship question to the 2020 census were pretextual in violation of the Administrative Procedures Act (APA).

Presumably, Secretary Ross will now be able to offer different reasons for why he wanted to add the citizenship question. If he chooses to do so those reasons may also be challenged in court as pretextual or discriminatory. If he chooses to offer no different reasons, presumably, the 2020 census for won’t contain a citizenship question.

North Dakota adopts first-of-its-kind plan to bolster cybersecurity

Tim Anderson

Thursday, June 27, 2019 at 11:43 AM

North Dakota is the first U.S. state to authorize a central, shared-service approach to cybersecurity across all parts of state government, says Gov. Doug Burgum, who signed SB 2110 into law in April. Legislators also invested more than $15 million in the new biennial budget to add more cybersecurity personnel and enhance protective software.

Minnesota programs show power of community service to help states and their communities

Tim Anderson

Thursday, June 27, 2019 at 11:40 AM

A decade ago, Ami Wazlawik, now a member of the Minnesota House, was graduating from college at an inopportune time — in the middle of the nation’s Great Recession. “I was like everyone else,” she recalls, “looking for a job.”

Instead, she found community service, working with students for a school year as a part of Minnesota’s Reading Corps, an experience that had a lasting impact not only on the students she tutored, but on her own life. Wazlawik says Reading Corps helped cement her commitment to being an active citizen, and is one reason she ran for public office.

And the program itself is often cited as a national model for how states can leverage the power of public service to address longstanding challenges or long-term goals.

After year of weather-related school closures, states consider ‘amnesty’ laws, virtual learning

Tim Anderson

Thursday, June 27, 2019 at 11:37 AM

School closings due to harsh winter weather are nothing new for the Midwest. But this past school year, heavier-than-usual snowfall and a polar vortex led to more shutdowns than usual in some parts of the region, and opened up discussions this year about state laws to help districts adjust.

Among the options considered by legislatures: one, provide “amnesty” to districts during especially bad-weather school years, meaning they’re eligible for full state aid even if they don’t meet state mandates on the number of instructional days; and two, make greater use of virtual learning.

Illinois, Indiana and Iowa have legalized sports betting: Here is a look at what is in these laws, and what might lie ahead

Tim Anderson

Thursday, June 27, 2019 at 11:32 AM

The three new laws that legailze sports betting vary in significant ways, including where the activity is allowed to occur and whether wagering on college sports is allowed.

Iowa governor gets more power over selection of Supreme Court judges

Tim Anderson

Thursday, June 27, 2019 at 11:27 AM

A legislative change in Iowa's process for selecting Supreme Court judges will put more power in the hands of the governor. SF 638, signed into law in May, alters how the 17-member State Judicial Nominating Commission will be appointed.

The governor now has the authority to choose a majority of commission members, nine of the 17. The remaining eight appointments will come from elections held among the state's lawyers.

Recreational marijuana legalized in second Midwestern state

Tim Anderson

Thursday, June 27, 2019 at 11:24 AM

Illinois has become the first state in the nation to legalize the sale and use of recreational marijuana through an act of the legislature. Sent to the governor for signing in early June, HB 1438 was being hailed by its legislative sponsors as marking a new era in Illinois public policy and as a “model for other states in its commitment to equity and criminal justice reform.”

By any name — “ecotourism” or “agritourism” — visits to rural Midwest hold economic promise

Carolyn Orr

Thursday, June 27, 2019 at 11:22 AM

The term “ecotourism” is most often associated with visits to undisturbed natural areas, but perhaps it’s time to broaden that definition — to include enjoying the scenery and studying the plants and animals found on America’s farmlands.

A perfect example of this is occurring in west-central Kansas.

Tourists flocked this spring to the area’s ranches that provide a habitat to the lesser prairie chicken, a species of grouse known for the males’ elaborate calls and showy displays of reddish-orange air sacs while performing spring mating dances.

Energy mix of the future? State legislation, plans of some utilities envision power sector that emits much less carbon — or none at all

Ilene Grossman

Thursday, June 27, 2019 at 11:19 AM

The mix of electric power generation has changed dramatically over the past decade or so in much of the 11-state Midwest — more wind power and more natural gas plants, for example, and much less reliance on coal. Will the shift be even more dramatic in the years ahead?

That is the vision laid out in new legislative proposals this year in states such as Illinois and Minnesota, as well as in recent plans unveiled by some utility companies themselves.

SCOTUS Strikes Down Durational-Residency Requirement for Alcohol Sellers

Lisa Soronen

Wednesday, June 26, 2019 at 03:54 PM

In Tennessee Wine and Spirits Retailers Association v. Thomas the Supreme Court held 7-2 that Tennessee’s law requiring alcohol retailers to live in the state for two years to receive a license is unconstitutional. The State and Local Legal Center (SLLC) filed an amicus brief in this case arguing the law was constitutional.

Two constitutional provisions are at issue in this case. The dormant Commerce Clause prohibits state laws that unduly restrict interstate commerce. Both parties agree that if Tennessee’s durational-residency requirement applied to anyone wishing to sell anything other than alcohol it would violate the dormant Commerce Clause.

Capitol Comments

A decade ago, Ami Wazlawik, now a member of the Minnesota House, was graduating from college at an inopportune time — in the middle of the nation’s Great Recession. “I was like everyone else,” she recalls, “looking for a job.”

And the program itself is often cited as a national model for how states can leverage the power of public service to address longstanding challenges or long-term goals.

School closings due to harsh winter weather are nothing new for the Midwest. But this past school year, heavier-than-usual snowfall and a polar vortex led to more shutdowns than usual in some parts of the region, and opened up discussions this year about state laws to help districts adjust.

A legislative change in Iowa's process for selecting Supreme Court judges will put more power in the hands of the governor. SF 638, signed into law in May, alters how the 17-member State Judicial Nominating Commission will be appointed.

The governor now has the authority to choose a majority of commission members, nine of the 17. The remaining eight appointments will come from elections held among the state's lawyers.

The term “ecotourism” is most often associated with visits to undisturbed natural areas, but perhaps it’s time to broaden that definition — to include enjoying the scenery and studying the plants and animals found on America’s farmlands.

A perfect example of this is occurring in west-central Kansas.

Tourists flocked this spring to the area’s ranches that provide a habitat to the lesser prairie chicken, a species of grouse known for the males’ elaborate calls and showy displays of reddish-orange air sacs while performing spring mating dances.

The mix of electric power generation has changed dramatically over the past decade or so in much of the 11-state Midwest — more wind power and more natural gas plants, for example, and much less reliance on coal. Will the shift be even more dramatic in the years ahead?

That is the vision laid out in new legislative proposals this year in states such as Illinois and Minnesota, as well as in recent plans unveiled by some utility companies themselves.

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