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The Policy Tracker: May 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 May 2016.

May 30, 2016

Missouri moves to block major insurance company merger

Click to learn more about Aetna and Humana.

On May 24, 2016, Missouri moved to block the pending merger of two major health insurance companies, Aetna and Humana. The state’s insurance department released a preliminary order that would prohibit the new company from selling individual and small group health plans in Missouri should the merger transpire, citing its finding that the merger would be anti-competitive. Aetna and Humana have 30 days under the order to submit a plan to "remedy the anti-competitive impact" of the merger.[1]

Aetna’s proposed $37 billion acquisition of Humana was announced in July 2015. Missouri is the first of 20 involved states to reject the deal; 15 others have approved the deal. The merger would make Aetna the second-largest insurer in the country. The proposal is still being investigated by federal regulators, along with a proposed merger between two other insurers: Anthem and Cigna. If both mergers are approved, the number of major health insurers in the country would fall from five to three.[1][2]

New Mexico to sue federal government over 2015 Colorado mine spill

Click to learn more about the Colorado Gold King Mine spill of 2015.

On May 23, 2016, New Mexico became the first state to sue the federal government and two mine owners over the release of more than 3 million gallons of toxic wastewater at the closed Colorado Gold King Mine in 2015. The spill was triggered by a contractor for the U.S. Environmental Protection Agency (EPA). The state's lawsuit claimed that the pollution caused by the spill was worse than what the federal government previously claimed. The lawsuit also demanded payment for the costs of New Mexico’s immediate response to the spill as well as funding to make up for long-term cleanup costs and lost revenue to the state. New Mexico Environment Secretary Ryan Flynn said that the EPA’s liability for the spill is "crystal clear." The EPA said that the agency takes responsibility for the cleanup and is working on a plan to reimburse states affected by the spill.[3]

Federal judge orders Ohio election officials to reinstitute "Golden Week"

Click to learn more about voting in Ohio.

On May 24, 2016, Judge Michael H. Watson of the United States District Court for the Southern District of Ohio ruled that Ohio must reinstitute "Golden Week," a one-week period immediately preceding the general election in which voters may both register and cast early ballots on the same day. This early voting and same-day registration period had been eliminated by the Republican-controlled state legislature in 2014. Democrats challenged this action, arguing that it discriminated against black and Hispanic voters. Republicans, meanwhile, argued that it was a necessary measure to combat voter fraud and maintain election integrity. Including "Golden Week," Ohio's early voting period lasted for 35 days; without "Golden Week," the early voting period lasted 28 days. Ohio Secretary of State Jon Husted indicated that the state would appeal Watson's decision, arguing it was the legislature's constitutional prerogative to extend or reduce early voting days.[4][5][6]

May 23, 2016

Federal judge strikes down campaign finance contribution limits in Montana

Click to learn more about campaign finance and campaign finance requirements in Montana.

On May 17, 2016, federal district court judge Charles Lovell struck down several provisions of Montana's campaign finance law, including individual and committee contribution limits to candidates for state office. Lovell wrote the following in his ruling: "Defendants have not proven that the campaign contribution limits ... further the important state interest of combating quid pro quo corruption or its appearance. Regardless, had they met their burden, the limits are neither narrowly focused on an anti-corruption interest, nor do they allow candidates in Montana to amass sufficient resources to wage effective political campaigns. Therefore ... they are unconstitutional and must be enjoined."[7][8][9]

In the aftermath of Lovell's ruling, there was some uncertainty as to whether any contribution limits could be enforced in Montana. According to Rick Hasen, an election law scholar at the University of California, Irvine, "Right now there are no individual contribution limits in Montana, and the judge invites the state to enact new limits the next time the legislature is in session." However, Montana Commissioner of Political Practices Jonathan Motl announced that contribution limits would revert to pre-1995 levels (the specific limits voided by Lovell's decision were enacted in 1995). The pre-1995 annual contribution limits for individuals and political action committees are as follows:[7][8][9]

  1. $1,990 for gubernatorial candidates
  2. $990 for candidates for all other statewide offices
  3. $530 for candidates for state district judge, state Senate, or Public Service Commission
  4. $330 for state House and other state office candidates

Second insurer sues Obama administration over unpaid risk corridor funds

Click to learn more about the Affordable Care Act.

On May 18, 2016, a second insurer filed a lawsuit against the Obama administration over funds owed to it through the Affordable Care Act's (ACA) risk corridor program. Highmark Inc. claims that it is still owed $220 million to offset its losses in 2014. The risk corridor program is a pool paid into by insurers that have greater than expected profits, with the money being redistributed to insurers suffering losses. Last year, the Centers for Medicare and Medicaid Services (CMS) announced it would only be paying out 12.6 percent of the requested funds to insurers. In February, Health Republic Insurance of Oregon also sued the administration for $5 billion for failing to make the risk corridor payments. Health Republic was one of several co-ops established under the ACA that closed after CMS’ announcement.[10]

Connecticut establishes automatic voter registration system

Click to learn more about voting in Connecticut.

On May 17, 2016, Connecticut Department of Motor Vehicles (DMV) Commissioner Michael Bzdyra and Deputy Secretary of State James Spallone signed an agreement under which eligible citizens will be automatically registered to vote when they visit the DMV for a driver's license or state-issued identification card. DMV customers will be registered to vote unless they specifically choose to opt out. This replaces the previous system in which customers were required to opt in to register. According to Bzdyra and Secretary of State Denise Merrill, this agreement accomplishes what a failed bill introduced in the legislature earlier in 2016 proposed. Connecticut is one of five states that have implemented automatic voter registration systems. It is the first state to implement such a system via an agreement rather than legislative action. According to Merrill, this agreement was expected to add 400,000 people to the voter rolls.[11][12]

May 16, 2016

EPA releases final methane regulations

Click to learn more about oil and natural gas pollution and other energy regulations.

New methane emission limits were finalized by the U.S. Environmental Protection Agency (EPA) in May 2016. The EPA expects this new rule to cut methane emissions by between 6.9 million tons and 11 million tons by 2025. The new methane rules will cover around 15,000 wells across the United States and will require oil and gas producers to limit emissions from wells, pumps, and compressors as well as along the routes used to transport oil and natural gas. Environmental groups, including the Natural Resources Defense Council (NRDC), argued that the rules were a good first step but did not go far enough because they do not cover the entire system around extracting oil and natural gas. Industry groups, meanwhile, argued that methane emissions from natural gas wells that have been fracked have fallen nearly 79 percent since 2005 and thus the new rules were expensive and unnecessary.[13]

The EPA predicts that this rule will cost $320 million in 2020 and $530 million in 2025 (including the expected revenue generated from selling the additional natural gas). The agency expects resulting climate benefits to be $360 million in 2020 and $690 million in 2025. In the first draft of this rule, the EPA estimated total costs to be at most $180 million in 2020 and $330 million in 2025. Benefits were estimated to be at most $210 million in 2020 and $550 million in 2025. Methane emissions from fracked natural gas wells have fallen nearly 79 percent since 2005.[14][15][16][17][18]

EPA settles with Wyoming farmer over Clean Water Act fines

Click to learn more about endangered species policy in the United States.

The U.S. Environmental Protection Agency (EPA) settled with a Wyoming farmer who constructed a pond on his property. The farmer, Andy Johnson, who was represented by the conservative Pacific Legal Foundation (PLF), sued the EPA in 2015 after the agency imposed nearly $16 million in fines on Johnson for constructing a pond on his property without an EPA permit. The agency argued that the pond’s construction was subject to regulation under the Clean Water Act. Under the settlement, Johnson is not required to pay the fines but is required to protect the ground from erosion and install a fence. The case is seen by property rights groups, such as the PLF, as the most recent example of the EPA’s encroachment on private property rights. Though the case was handled under existing federal regulations, it could have implications for the EPA’s Waters of the United States rule, which targets previously unregulated bodies of water.[19]

Federal judge rules Affordable Care Act insurer payouts unconstitutional

Click to learn more about the Affordable Care Act.

On May 12, reimbursements to insurers under Section 1402 of the Affordable Care Act (ACA) were found to be unconstitutional by the U.S. District Court for the District of Columbia. In U.S. House of Representatives v. Burwell, Judge Rosemary Collyer found that the ACA did not "unambiguously appropriate" funds for the reimbursements and that payouts under Section 1402 require annual reauthorization. Since January 2014, these funds have not been reauthorized. Judge Collyer held that payouts made since January 2014 violate Congress’ sole authority under the Constitution to authorize and appropriate monies for federal expenditures. Judge Collyer stayed her ruling pending appeal.[20][21]

The reimbursements under Section 1402 are intended to cover the cost-sharing reductions that insurers are required to provide to low-income individuals under the ACA. The reductions are for individuals with incomes between 100 percent and 250 percent of the federal poverty level and who purchase silver-level plans on the health insurance exchanges. The reductions lower their out-of-pocket responsibilities such as deductibles and co-payments. Upon appeal, if the reimbursements are ultimately found to be unconstitutional without an appropriation, insurers will still have to provide the cost-sharing reductions, which the Congressional Budget Office estimated would cost insurers $130 billion over the next 10 years. Without an appropriation for government reimbursements, insurers may leave the exchanges or raise their premiums. An increase in premiums would result in an accompanying increase in federal spending for advanced premium tax credits.[22]

May 9, 2016

Colorado Supreme Court finds local fracking bans invalid

Click to learn more about fracking in Colorado and local fracking measures on the ballot.

On May 2, 2016, the Colorado Supreme Court ruled that state hydraulic fracturing ("fracking") laws preempt local laws, and thus the fracking bans in Longmont and Fort Collins, Colorado, were "invalid and unenforceable." According to Colorado Oil & Gas Association attorney Mark Matthews, because this issue involved only state laws, the case cannot be brought in front of the U.S. Supreme Court, despite earlier pledges by anti-fracking lawyers and activists to do so. Dan Haley, the president and CEO of the Colorado Oil & Gas Association, called the court's ruling "a win" for Colorado residents. Lauren Petrie, the Rocky Mountain region director with Food & Water Watch, which supported the fracking bans, said, "Today’s decision deals a devastating blow not just to Longmont residents, but to all Coloradans." An initiative to guarantee local authority over regulating the oil and gas industry, including fracking bans and restrictions, is being circulated in Colorado and could appear on the ballot in November. Another proposed initiative deals with local government authority more generally.[23]

Three other cities in Colorado also banned fracking through the initiative process—Boulder, Broomfield, and Lafayette. As of May 3, 2016, Boulder's ban, which is scheduled to end in June 2018, had not been challenged in court. The five-year moratorium on fracking in Broomfield was suspended during the Longmont trial. The Lafayette fracking ban was invalidated by a judge over issues related to the voting process, and the city did not appeal the ruling.[24]

Federal rule raises the kill limit of bald eagles

Click to learn more about endangered species policy in the United States.

On May 4, 2016, the Obama administration nearly quadrupled the number of bald and golden eagles that wind energy companies are allowed to kill or injure each year to 4,200 eagles. The administration decreased the penalty for killing these birds in an effort to maintain "eagle populations while also spurring development of a pollution-free energy source that’s intended to ease global warming." High-speed wind turbines are around 300 feet tall and have blades that move at around 170 miles per hour, which can injure or kill birds. Under the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act, a permit is required to harm, kill, or hunt bald and golden eagles. It is unclear how many of these birds are harmed by wind turbines each year. Wind companies can voluntarily report that information to the U.S. Fish and Wildlife Service (FWS), which is responsible for protecting endangered and threatened species, but the FWS does not publicly release that information. Wind energy companies can now pay a fee of $36,000 for a 30-year permit that allows them to accidentally kill or injure these eagles in addition to a $15,000 administrative fee every five years.[25][26]

U.S. Dept. of Justice claims North Carolina's H.B. 2 violates Civil Rights Act

Click to learn more about transgender bathroom access laws in the United States.

On May 4, 2016, the U.S. Department of Justice sent a letter to North Carolina Governor Pat McCrory (R) and the state’s public universities regarding H.B. 2, which prohibited municipalities in North Carolina from passing anti-discrimination ordinances to allow transgender people to use the restroom that corresponds with their gender identity. The legislation also prevented local governments from enacting laws against LGBT employment discrimination.

The letter stated that H.B. 2 is a violation of Title VII of the Civil Rights Act of 1964, which prohibits employers from discriminating against an individual based on sex. The letter also said that the bill violates Title IX of the Education Amendments Act of 1972, which bars discrimination in education based on sex. The state government, a Republican trifecta, and the universities were given a deadline of May 9 to "remedy these violations." If they do not comply, and if this finding is upheld by the courts, federal funding to state universities could be affected. On Thursday, North Carolina House Speaker Tim Moore (R) said they did not plan on meeting the deadline, which they considered bullying by the Obama administration.[27][28]

May 2, 2016

Federal judge upholds North Carolina voting law, including photo ID requirement

Click to learn more about voting in North Carolina.

On April 25, 2016, United States District Court Judge Thomas Schroeder upheld a sweeping voting reform package passed by the General Assembly of North Carolina in 2013. That law, which was the first of its kind to be adopted after the United States Supreme Court struck down portions of the Voting Rights Act in June 2013, reduced the number of early voting days, prohibited same-day voter registration, eliminated pre-registration for teenagers, and established a photo identification requirement for voters. In his opinion, Schroeder wrote, "North Carolina has provided legitimate state interests for its voter ID requirement and electoral system that provides registration all year long up to twenty-five days before an election, absentee voting for up to sixty days before an election, ten days of early voting at extended hours convenient for workers that includes one Sunday and two Saturdays, and Election Day voting." Opponents of the law alleged that the law discriminated against minority groups. Proponents countered that these measures were necessary in order to protect the integrity of the electoral process. The law's opponents appealed Schroeder's decision to the United States Court of Appeals for the 4th Circuit and requested that the court expedite the appeal.[29][30][31][32][33]

EPA moves forward with voluntary climate program under Clean Power Plan despite judicial ruling

Click to learn more about climate change and the Clean Power Plan.

The U.S. Environmental Protection Agency (EPA) moved forward with a state incentive program related to the Clean Power Plan despite the U.S. Supreme Court’s temporary stay on the Clean Power Plan’s official implementation. The voluntary program, known as the Clean Energy Incentive Program, would give states credit toward their carbon dioxide (CO2) emissions reductions under the Clean Power Plan. States would devote funds to renewable energy programs and energy-efficiency measures in low-income communities. The program is meant to allow states that are supportive of the Clean Power Plan to prepare for the plan’s mandatory emissions reductions should the plan be fully implemented.[34]

The plan's goal is to reduce CO2 emissions from coal- and oil-fired power plants ("fossil fuel-fired") and natural gas-fired power plants by 32 percent from 2005 levels by 2030. Each state would meet goals based on the number of fossil fuel- and natural gas-fired plants in that state. All but four states have taken a stance on the Clean Power Plan. As of February 2016, 29 states and state agencies had challenged the plan in court while 18 states had supported the plan.[35][36][37][38][39]

Wisconsin prosecutors request intervention by SCOTUS in John Doe investigation

Click here to learn more about John Doe investigations related to Scott Walker.

On April 28, 2016, Wisconsin prosecutors in the John Doe investigations related to Governor Scott Walker—which were halted by the Wisconsin Supreme Court in July 2015—filed a request with the United States Supreme Court to overturn that decision. They claim that two of the state supreme court justices, David Prosser and Michael Gableman, should have been recused from ruling in the case because of ties to the groups that were being investigated.[40]

Two John Doe investigations were launched by Milwaukee County District Attorney John Chisholm (D) into the activities of staff and associates of Governor Scott Walker (R). These investigations and the events surrounding them have been described as "the most tumultuous political events in Wisconsin in generations—perhaps in history." A John Doe investigation, which is a special investigation into alleged criminal activity, is ordered by a judge who oversees it with broad powers and can order the investigation be conducted in secret, essentially imposing a strict gag order on those involved. The first investigation started in May 2010 when then-Milwaukee County Executive Scott Walker was running for governor. That investigation was closed in March 2013 but overlapped with a second investigation, which began in August 2012 and was effectively halted in early 2014 by both state and federal lawsuits filed against the parties involved in the investigation. The Wisconsin Supreme Court officially put an end to the investigations in a 4-2 ruling on July 16, 2015, noting that "a state law outlawing such coordination was 'unconstitutionally overbroad and vague under the First Amendment'" and that "the special prosecutor's legal theory is unsupported in either reason or law."[41][42][43]

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. ↑ 1.0 1.1 Healthcare Dive, "Missouri becomes first state to oppose Aetna/Humana merger," May 26, 2016
  2. ↑ Healthcare Dive, "Proposed Aetna-Humana merger under antitrust regulatory fire," March 21, 2016
  3. ↑ Washington Post, "New Mexico is first to sue EPA, mine owners over toxic spill," May 23, 2016
  4. ↑ CNN.com, "Democrats win voting lawsuit in Ohio, key to Trump map," May 25, 2016
  5. ↑ The Atlantic, "A Win for Early Voting—and Democrats—in Ohio," May 24, 2016
  6. ↑ The New York Times, "Ohio’s Limits on Early Voting Are Discriminatory, Judge Says," May 24, 2016
  7. ↑ 7.0 7.1 Election Law Blog, "Breaking: Federal Court Strikes Down Key Montana Contribution Limits, Setting Up Quick 9th Circuit Battle and Potential SCOTUS Deadlock," May 17, 2016
  8. ↑ 8.0 8.1 United States District Court for the District of Montana, "Lair v. Motl," May 17, 2016
  9. ↑ 9.0 9.1 KXLH.com, "Federal judge strikes down Montana’s campaign contribution limits," May 17, 2016
  10. ↑ The Hill, "Insurer sues feds over ObamaCare losses," May 18, 2016
  11. ↑ Hartford Courant, "DMV, Merrill Announce Streamlined 'Automatic' Motor Voter Registration," May 17, 2016
  12. ↑ ThinkProgress, "BREAKING: Connecticut To Automatically Register 400,000 Voters," May 17, 2016
  13. ↑ U.S. Environmental Protection Agency, "Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources," May 12, 2016
  14. ↑ Reuters, "U.S. EPA proposes new methane emission standards for oil, gas firms," August 18, 2015
  15. ↑ The New York Times, "Obama Is Planning New Rules on Oil and Gas Industry’s Methane Emissions," January 13, 2015
  16. ↑ The Hill, "Obama moves on methane emissions," January 14, 2015
  17. ↑ Politico, "Obama administration unveils new methane emission rules," January 14, 2015
  18. ↑ The White House, "FACT SHEET: Administration Takes Steps Forward on Climate Action Plan by Announcing Actions to Cut Methane Emissions," January 14, 2015
  19. ↑ The Hill, "EPA Settles Water Pollution Case with Wyoming Farmer," accessed May 16, 2016
  20. ↑ Los Angeles Times, "Federal judge rules Obamacare is being funded unconstitutionally," May 12, 2016
  21. ↑ United States District Court for the District of Columbia, "United States House of Representatives v. Burwell," May 12, 2016
  22. ↑ Health Affairs Blog, "Judge Rules Against Administration In Cost-Sharing Reduction Payment Case," May 12, 2016
  23. ↑ BizJournals.com, "Colorado Supreme Court rules on local fracking bans," May 2, 2016
  24. ↑ Denver Business Journal, "Colorado Supreme Court rules on local fracking bans," May 2, 2016
  25. ↑ ABC News, "New Wind Energy Permits Would Raise Kill Limit of Bald Eagles But Still Boost Conservation, Officials Say," May 4, 2016
  26. ↑ Washington Post, "New federal rule would permit thousands of eagle deaths," May 4, 2016
  27. ↑ WRAL.com, "Read the justice department letter regarding House Bill 2," accessed May 6, 2016
  28. ↑ Los Angeles Times, "North Carolina says it will defy Justice Department over LGBT law: 'We're not going to get bullied,'" May 5, 2016
  29. ↑ United States District Court for the Middle District of North Carolina, "North Carolina State Conference of the NAACP v. McCrory," April 25, 2016
  30. ↑ The New York Times, "Opponents of North Carolina’s Voter ID Law Appeal Ruling," April 26, 2016
  31. ↑ MSNBC, "North Carolina's voter ID law on trial," January 27, 2016
  32. ↑ The Washington Post, "Federal judge upholds controversial North Carolina voting law," April 26, 2016
  33. ↑ The Washington Post, "Is North Carolina's Strict Voter-ID Law Constitutional?" January 26, 2015
  34. ↑ Utility Dive, "Despite stay, EPA moves ahead with state renewable energy incentives for Clean Power Plan," April 28, 2016
  35. ↑ E&E News, "E&E's Power Plan Hub: Legal Challenges," accessed February 10, 2016
  36. ↑ The New York Times, "Supreme Court Deals Blow to Obama’s Efforts to Regulate Coal Emissions," February 9, 2016
  37. ↑ U.S. Environmental Protection Agency, "Overview of the Clean Power Plan," accessed November 3, 2015
  38. ↑ U.S. Environmental Protection Agency, "Clean Power Plan Toolbox for States," accessed November 3, 2015
  39. ↑ U.S. Environmental Protection Agency, "Clean Power Plan - Rule Summary," August 3, 2015
  40. ↑ Milwaukee Journal Sentinel, "Prosecutors ask U.S. Supreme Court to overturn Doe decision," April 28, 2016
  41. ↑ United States District Court for the Eastern District of Wisconsin, Milwaukee Division, "Eric O’Keefe, and Wisconsin Club for Growth, Inc.," accessed February 23, 2015
  42. ↑ Wisconsin Reporter, "Disparate treatment: Civil rights lawsuit claims conservative speech trampled," February 11, 2014
  43. ↑ Wisconsin State Journal, "Supreme Court ends John Doe probe that threatened Scott Walker's presidential bid," July 16, 2015
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