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The Policy Tracker: June 2016

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In 2015 and 2016, the Public Policy Desk on Ballotpedia produced a weekly Policy Tracker to report on major national and state public policy news, covering budgets, civil liberties, education, elections, energy and the environment, healthcare, and pensions. This page contains national and state policy stories from June 2016.

June 27, 2016

Appeals court hears oral arguments in case involving North Carolina election law

Click to learn more about voting in North Carolina.

On June 21, 2016, the United States Court of Appeals for the 4th Circuit heard oral arguments in an appeals case involving an election reform package passed by the Republican-controlled General Assembly of North Carolina in 2013. The law reduced the number of early voting days, prohibited same-day voter registration, eliminated pre-registration for teenagers, and, perhaps most controversially, established a photo identification requirement for voters. On April 25, 2016, federal Judge Thomas Schroeder upheld the law, finding that it served legitimate state interests. Attorneys for the appellants argued that the law constituted an "unprecedented rollback of voting rights, which intentionally targeted minorities who tend to vote for Democrats." Meanwhile, proponents of the law argued that the reforms were necessary in order to minimize voter fraud and maintain election integrity. According to The Wall Street Journal, the appellate judges "signaled they were aware that they would need to make a fairly quick ruling to give North Carolina time to prepare for Election Day, which is 20 weeks away."[1][2][3]

Michigan state government sends $617 million to Detroit Public Schools

Click to learn more about public education in Michigan.

On June 21, 2016, Michigan Governor Rick Snyder (R) signed a bill sending $617 million and a restructuring plan to Detroit Public Schools. The plan will split Detroit Public Schools into two districts. The existing district will remain to collect taxes and pay off $617 million in debt over eight and a half years, while the new district will receive $617 million from the state to educate students under a new school board. The plan is meant to help the district avoid bankruptcy. State Democrats, Detroit Mayor Mike Duggan, and the teachers union oppose the restructuring plan, saying it doesn't do enough to help the district.[4]

In January of this year, Detroit Public Schools faced teacher sickouts and protests over school conditions, with reports of mold, water damage, and infestations of vermin such as cockroaches. In early May, another wave of sickouts was held after the district announced it did not have the funds to pay teachers past the end of June. The second wave of sickouts was the first to be sanctioned by the local teachers union, the Detroit Federation of Teachers.[5]

Judge strikes down rule regulating fracking on federal land

Click to learn more about oil and natural gas extraction on federal land.

In June 2016, U.S. District Court for Wyoming Judge Scott W. Skavdahl struck down an Obama administration rule governing fracking on federal land. In striking down the rule, Judge Skavdahl stated that the Energy Policy Act of 2005 prevented fracking from being regulated by the federal government. Following the court's decision, White House spokesman Josh Earnest said the administration would continue to defend the ruling in court. On September 30, 2015, Scott W. Skavdahl blocked the rule from going into effect. According to the judge, "the fracking rule creates an overlapping federal regime, in the absence of congressional authority to do so, which interferes with the states’ sovereign interests in, and public policies related to, regulation of hydraulic fracturing." While the case works its way through the court, the BLM will continue to process oil and gas drilling permits as prescribed by current regulations.[6][7]

On March 20, 2015, the Obama administration released a new ruling that governs fracking on federal land. The rules were not well received by oil and natural gas companies or environmental groups. The U.S. Bureau of Land Management (BLM) began drafting this rule after a November 2010 public forum. Federal lands can be leased to private mining companies, including oil and natural gas companies, for exploration and production under the BLM Oil and Gas Management program. As of June 2013, there were 47,427 oil and natural gas permits across 36,092,482 acres of federal land. According to the BLM, fracking was used on almost 90 percent of the 2,800 wells drilled on federally managed lands in 2013.[8][9][10]

June 20, 2016

Federal judge denies request challenging Maryland's ballot access laws

Click to learn more about ballot access requirements for political candidates in Maryland.

On June 13, U.S. District Court Judge George L. Russell denied Maryland’s request to dismiss a challenge to the state’s ballot access laws. Maryland law required an independent candidate to obtain 40,603 signatures to get on the ballot this year, whereas new parties only required 10,000. The challenge was brought forth by Greg Dorsey, a Maryland resident who is seeking access to the ballot as an unaffiliated candidate. Dorsey argues that the disparity in signature requirements for independent candidates and new parties seeking ballot access violates the rights to free speech and association and equal protection guaranteed by the First and Fourteenth Amendments to the United States Constitution. In recent years, only one statewide independent candidate has qualified for the ballot in Maryland: U.S. Senate candidate Sohrab "Rob" Sobhani in 2012.[11]

U.S. House passes bill barring IRS from collecting donor names of tax-exempt groups

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On June 14, the U.S. House of Representatives approved a bill barring the Internal Revenue Service (IRS) from collecting the names of donors to tax-exempt groups. Under current law, the names of donors to tax-exempt groups are not public information, but they must still be reported to the IRS on the groups’ tax returns. The bill, authored by Representative Peter Roskam (R), would prohibit the IRS from collecting identifying information, such as names or addresses, of donors to tax-exempt groups. Proponents of the bill claim it is necessary to stop harassment of political donors, while critics contend the bill could lead to foreign interests influencing American elections.[12]

Kansas SOS orders election officials to register those without citizenship documents

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On June 14, Kansas Secretary of State Kris Kobach's office issued orders to county election officials to register those who have motor vehicle applications but not citizenship documents to vote in Kansas in the federal races for president and Congress. This order follows a decision by the 10th Circuit Court of Appeals that refused to block a previous judge’s order to expand voter enfranchisement. Since 2013, under Kansas law, individuals have been required to provide citizenship documentation to register to vote. A federal judge ruled in May that the burden of registering individuals without documentation does not outweigh the disenfranchisement of 18,000 otherwise eligible voters whose registrations at motor vehicle offices have been canceled or suspended. In the last 10 years, about 44 percent of Kansas voters registered at a motor vehicles office.[13]

June 13, 2016

West Virginia governor vetoes budget

Click to learn more about West Virginia state budget and finances.

West Virginia Governor Earl Ray Tomblin (D) has vetoed a budget from the state legislature. The budget covered a $270 million gap, but Tomblin wrote that the plan was “irresponsible” because it relied on $292 million in one-time cash from account sweeps and the state Rainy Day Fund. This was the legislature’s third attempt at a budget, and without one, the state government will shut down on July 1. State revenue this year was worse than expected, due to hits to the coal and natural gas markets. Tomblin has offered the legislature tax increase ideas, but the House has historically rejected tax hikes and isn’t expected to vote differently, especially in an election year.[14][15]

Delaware Medicaid to begin covering costly hepatitis C drugs for all patients

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On June 7, the state of Delaware confirmed that it will begin covering expensive drugs to treat hepatitis C for Medicaid enrollees with the condition. The state had been operating under a policy of reserving coverage of the drugs for patients already afflicted with liver damage caused by the disease. The drugs, Sovaldi and Harvoni, have a 90 percent cure rate but cost $84,000 to $95,000 for a course of treatment. The new policy will be phased in over the next several months so that all hepatitis C-infected patients enrolled in Medicaid may receive coverage of the drugs beginning January 1, 2018.[16]

Delaware had been threatened with a lawsuit against the former policy from Harvard Law School's Center for Health Law & Policy Innovation; in 2015 and the beginning of 2016, federal class-action lawsuits were filed against five other states for similar policies. A study published last August in the Annals of Internal Medicine found that due to the cost of the drugs, Medicaid programs in 34 states restrict coverage of Sovaldi and Harvoni to patients with some form of liver damage. Many prison systems and insurance companies have a similar policy. States contend that purchasing the drugs for every Medicaid patient or prisoner with hepatitis C would present a significant, if not impossible, budgetary challenge.[16][17][18]

U.S. House passes delay on EPA's ozone rules

Click to learn more about ground-level ozone standards and the Clean Air Act.

On June 8, the U.S. House of Representatives passed HR 4775—the Ozone Standards Implementation Act of 2016—by a vote of 234-177. The bill proposes amending the Clean Air Act by revising the National Ambient Air Quality Standards (NAAQS) program. The legislation would delay for at least eight years the implementation of more restrictive federal ozone standards that were published by U.S. Environmental Protection Agency (EPA) in 2015. The legislation would also change the EPA’s process for reviewing federal standards for a variety of air pollutants. The Clean Air Act currently requires the EPA to review federal air quality standards every five years. If enacted, HR 4775 would require that the EPA review these standards every 10 years. Supporters of the bill have argued that the bill would give state and local governments the time to adjust to more restrictive ozone standards, which they have argued could threaten jobs if implemented too quickly. Opponents of the bill have argued that the legislation would undermine the Clean Air Act and weaken necessary air quality standards. President Barack Obama (D) threatened to veto the bill.[19]

Ohio Gov. John Kasich signs limited medical marijuana law

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Governor John Kasich (R) signed into law a limited medical marijuana law, making Ohio the 25th state in the nation to allow the use and purchase of marijuana for medicinal purposes. The law goes into effect in 90 days and makes it legal for citizens to cross borders to buy cannabis in other states for treating various medical conditions. It also allows for infrastructure to be built for the cultivation and sale of medical marijuana in Ohio eventually. Of the 25 states permitting medical marijuana, 11 states achieved legalization via statewide ballot measures and 14 states passed laws in their state legislatures approving medical marijuana use.[20]

June 6, 2016

Illinois approaching second year without a budget

Click to learn more about Illinois state budget and finances.

Illinois is approaching its second year without a state budget. The Illinois General Assembly adjourned it spring session with Republican Governor Bruce Rauner (R) and the majority Democratic legislature still undecided on a state budget. The disagreement between Democratic and Republican members is accompanied by some internal conflict among House and Senate Democrats over spending totals for state government programs. The governor wants to limit collective bargaining rights for public unions, and legislators want to increase taxes. The lack of a state budget puts schools in Illinois at risk; many are worried that they will not receive state funds this year unless the governor gets a budget from the legislature. Since a budget was not approved during the regular session, it must now be passed by a three-fifths majority in both chambers instead of a simple majority. House Speaker Michael Madigan (D) said that House lawmakers will meet every Wednesday in June to solve the budget crisis.[21]

UnitedHealthcare offering ACA plans in just three states in 2017

Click to learn more about the Affordable Care Act and UnitedHealth Group.

On May 31, UnitedHealthcare, the nation's largest insurer, announced that it would continue offering individual health plans on Affordable Care Act (ACA) exchanges in just three states in 2017, out of the 36 where it had been selling ACA plans. The company announced in April that it would be leaving the majority of ACA exchanges, but did not reveal in how many states or which ones it would continue to maintain a presence. It has now disclosed that it will continue to offer plans on exchanges in Nevada, New York, and Virginia, while a subsidiary will maintain a limited presence on exchanges in Georgia, Illinois, and Florida.[22]

The company said it lost $450 million in 2015 and expects to lose $650 million in 2016 in its exchange business. Other insurers on the exchanges have also been losing money because, according to a study by Blue Cross Blue Shield, those who have signed up are higher-risk patients with existing conditions who consume more expensive healthcare. Humana has also considered leaving the exchanges.[22][23]

Illinois legislature approves automatic voter registration system

Click to learn more about voting in Illinois.

On May 31, 2016, the Illinois General Assembly approved legislation establishing an automatic voter registration system. Before it becomes law, the legislation must be signed by Governor Bruce Rauner (R), who "has indicated in the past that he'd support simplifying the voting process but hasn't specifically said whether he'd sign the plan into law." If signed into law, the legislation will enable four state agencies to automatically add eligible individuals to the voter rolls: the Office of the Secretary of State; the Department on Aging; the Department of Human Services, Healthcare, and Family Services; and the Department of Employment Security. Democrats, who control both chambers of the state legislature, generally supported the bill. Representative Robyn Gabel (D) said, "Automatic voter registration will modernize voter registration in Illinois, put more eligible voters on the rolls, and make our voting lists more accurate and secure." Republicans, however, were divided on the issue, with some questioning the cost and necessity of the measure. Representative David Harris (R) said, "We've made so many other opportunities with early voting. I think it's important for the voter to have a little bit of initiative to do what they need to do and not just automatically be signed up." If Rauner signs the bill into law, Illinois will become the sixth state with automatic voter registration; the others are Oregon, California, West Virginia, Vermont, and Connecticut.[24][25][26]

Supreme Court allows judicial review of Clean Water Act decisions

Click to learn more about the implementation of the Clean Water Act.

On May 31, the U.S. Supreme Court ruled unanimously that private landowners can challenge in court a federal decision to regulate private property as a wetland under the Clean Water Act. The eight justices concluded that a decision by the U.S. Army Corps of Engineers to classify land held by three Minnesota companies as a wetland—preventing the company from mining the land without a federal permit—can be reviewed by a federal court. The Obama administration argued that the Corps’ decision was open to revision and thus did not constitute a “final” agency action that is subject to judicial review. Chief Justice John Roberts, writing for the court, rejected that argument, arguing that the Corps’ decision was binding on the federal government and thus challengeable in court. The decision will likely affect future enforcement of the Clean Water Act, as the Army Corps has estimated that between 270 million and 300 million acres of the U.S. are wetlands, according to Roberts.[27][28]

See also

Public policy in the 50 states

Click your state for an overview of policy information in your state.
http://ballotpedia.org/Public policy in STATE


Footnotes

  1. ↑ The Wall Street Journal, "North Carolina Faces Tough Questions From Appeals Court on Voting Law," June 21, 2016
  2. ↑ United States District Court for the Middle District of North Carolina, "North Carolina State Conference of the NAACP v. McCrory," April 25, 2016
  3. ↑ The Washington Post, "Federal judge upholds controversial North Carolina voting law," April 26, 2016
  4. ↑ Detroit Free Press, "Michigan Governor Rick Snyder signs $617M Detroit schools bailout," June 21, 2016
  5. ↑ The New York Times, "Teacher Protest Shuts Almost All Detroit Public Schools," May 2, 2016
  6. ↑ The New York Times, "Judge Blocks Obama Administration Rules on Fracking," September 30, 2015
  7. ↑ Houston Chronicle, "Federal judge strikes down Obama's hydraulic fracturing rule," June 22, 2016
  8. ↑ Federal Register, "43 CFR Part 3160, Oil and Gas; Hydraulic Fracturing on Federal and Indian Lands," accessed March 21, 2015
  9. ↑ Breitbart, "Energy Producers Sue Obama Admin over New Fracking Regulations," March 21, 2015
  10. ↑ U.S. Bureau of Land Management, "Competitive Leasing," accessed October 23, 2014
  11. ↑ Ballot Access News, "Procedural Win In Maryland Ballot Access Case," June 13, 2016
  12. ↑ USA Today, "House approves Koch-backed bill to shield donors’ names," June 14, 2016
  13. ↑ ABC News, "Kansas Moves to Register Those Without Citizenship Proof," June 14, 2016
  14. ↑ Fredericksburg.com, "West Virginia governor vetoes budget; state government shutdown looms," June 9, 2016
  15. ↑ West Virginia Metro News, "Tomblin will veto 'irresponsible' budget bill, spokesperson says," June 3, 2016
  16. ↑ 16.0 16.1 The Philadelphia Inquirer, "Delaware will treat all Medicaid patients with hepatitis C," June 7, 2016
  17. ↑ Annals of Internal Medicine, "Restrictions for Medicaid Reimbursement of Sofosbuvir for the Treatment of Hepatitis C Virus Infection in the United States," August 4, 2015
  18. ↑ The Pew Charitable Trusts, "Are States Obligated to Provide Expensive Hepatitis C Drugs?" February 9, 2016
  19. ↑ Bloomberg BNA, "House to Vote on Rep. Olson's ozone standards bill," June 8, 2016
  20. ↑ Vox, "Ohio just became the 25th state to legalize medical marijuana," June 9, 2016
  21. ↑ The Southern Illinoisan, "Q&A: Illinois heading toward 2nd year with no state budget," June 1, 2016
  22. ↑ 22.0 22.1 Fortune, "UnitedHealth Is Ditching Obamacare's California Market," June 1, 2016
  23. ↑ Fox News, "Deserting ObamaCare: UnitedHealth, nation's largest health insurer, bolts, fears huge losses," April 20, 2016
  24. ↑ Illinois General Assembly, "Bill Status of SB0250," accessed June 2, 2016
  25. ↑ Daily Herald, "Illinois could become the fifth state with automatic voter registration," May 31, 2016
  26. ↑ ThinkProgress, "Illinois Poised To Automatically Register 2 Million Voters," June 1, 2016
  27. ↑ The Hill, "Supreme Court rules against Obama administration in water pollution case," accessed June 6, 2016
  28. ↑ Washington Examiner, "Supreme Court allows Clean Water Act rules to be challenged," accessed June 6, 2016
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