CSG Midwest
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.
CSG Midwest

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.

CSG Midwest
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.
CSG Midwest
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.”
CSG Midwest
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.
CSG Midwest
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.

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.

Auer deference, courts deferring to agencies’ reasonable interpretations of their ambiguous regulations, is alive following the Supreme Court’s decision in Kisor v. Wilkie. But, in the opinion of a few Justices, it is only on life support.

The State and Local Legal Center (SLLC) filed an amicus brief in this case asking the Supreme Court to overturn Auer v. Robbins (1997). In that case the Supreme Court reaffirmed its holding in Bowles v. Seminole Rock & Sand Co. (1945), that courts must defer to an agency’s interpretation of its own regulations.

As discussed in the SLLC amicus brief, states and local governments object to Auer deference because it gives agencies a lot of power. They both write regulations and may interpret them as they like without significant court scrutiny. Agencies aren’t required to receive notice-and-comment related to their interpretations of regulations. New administrations may change the interpretations at their whim. And agencies may purposely write ambiguous regulations knowing courts will defer to their interpretations of them. If Auer deference wasn’t available, courts would interpret regulations without deferring to agency interpretations of them.     

In Moda Health Plan v. United States the Supreme Court will decide whether Congress may enact appropriations riders restricting the sources of funding available to pay health insurers for losses incurred that were supposed to be paid per federal law.

The Affordable Care Act’s (ACA) risk corridor program provided that if a health insurance plan participating in the exchange lost money between 2014-2016 it would receive a payment from the federal government based on a formula defined in the statute. If it made money the plan had to pay the federal government based on a formula. The purpose of the program was to induce health insurance companies to offer plans on the exchange despite the fact they didn’t have reliable data to price the plans.

The Government Accountability Office (GAO) identified a particular funding source the federal government could use to make payments. Congress passed appropriations riders for all three years disallowing that funding source to be used to make risk corridor payments.

CSG Midwest
Three years ago, with their passage of SB 367, Kansas legislators remade the state's juvenile justice system.
correctional facility for juveniles would soon close, the state would rely much less on “group homes” to house low-level offenders, and several alternatives to incarceration would be introduced into the system.
The result: Between 2015 and 2018, the monthly average of Kansas’ juvenile custody population dropped by 63 percent.

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