The Tap: Wednesday, February 8, 2017

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The Tap covered election news, public policy, and other noteworthy events from February 2016 to February 2022.

Review of the day

The excerpts below were compiled from issue #52 of The Tap, which was published on February 11, 2017. READ THE FULL VERSION HERE.

Federal

Congressional oversight of Russian sanctions

• A bipartisan group of senators, including Lindsey Graham (R-S.C.), Ben Cardin (D-Md.), Marco Rubio (R-Fla.), Sherrod Brown (D-Ohio), John McCain (R-Ariz.), and Claire McCaskill (D-Mo.), introduced the Russia Sanctions Review Act of 2017, which would require congressional oversight before sanctions relief could be granted to Russia. "Easing sanctions on Russia would send the wrong message as Vladimir Putin continues to oppress his citizens, murder his political opponents, invade his neighbors, threaten America’s allies, and attempt to undermine our elections. Congress must have oversight of any decision that would impact our ability to hold Russia accountable for its flagrant violation of international law and attack our institutions," said McCain in a statement.
  • See also: Federal policy on Russia, 2017-2020

Sessions confirmed as attorney general

• Nearly one month after his hearing before the Senate Judiciary Committee, Sen. Jeff Sessions (R-Ala.) was confirmed by a vote of 52 to 47. Support and opposition ran along party lines with the exception of Sen. Joe Manchin (D-W.Va.), who backed Sessions' nomination. Sessions, a sitting senator, voted present during the roll call. Sessions became the sixth Cabinet nominee confirmed.

House votes to repeal BLM land planning rule

• The U.S. House of Representatives passed a resolution under the Congressional Review Act to reverse the U.S. Bureau of Land Management's (BLM) 2016 rule revising federal land planning and management procedures. The rule would change federal procedures on public participation in BLM decisions and the use of data and technology in mining, drilling, and logging decisions. The Congressional Review Act allows Congress to reverse new federal regulations within 60 legislative days of their finalization. The resolution passed by a vote of 234 to 186.

U.S. Army Corps of Engineers grants permit for construction of Dakota Access pipeline

• The U.S. Army Corps of Engineers granted a federal easement (permit) required to complete the Dakota Access pipeline (DAPL). In addition, the Army wrote to a federal judge that the Corps would not complete a more extensive environmental impact statement on the pipeline. The permit allows Dakota Access, LLC, the pipeline's owner, to complete the pipeline under Lake Oahe, North Dakota, which is federally owned. Company spokesperson Vicki Granado said that construction crews restarted work at Lake Oahe after the company received the federal permit. On February 6, attorneys for Energy Transfer Partners (the parent company of Dakota Access, LLC) said that if the permit is approved, the pipeline would become fully operational approximately 90 days after construction restarts. In addition, the attorneys stated that crude oil could pass under Lake Oahe as soon as 60 days after construction restarts. When fully completed, the pipeline will run through North Dakota, South Dakota, Iowa, and Illinois.

Gorsuch comments during Blumenthal meeting released

• After meeting with Judge Neil Gorsuch, U.S. Sen. Richard Blumenthal (D-Conn.) stated that the judge was critical of President Donald Trump’s recent comments on the federal judiciary. According to a report from CBS News, “Gorsuch … discussed the president’s sustained attacks on the federal court system in his meeting with Sen. Richard Blumenthal … A source on the Supreme Court nomination team said the two talked about Mr. Trump’s recent attacks on the judiciary. Blumenthal feels disheartened by what the president has said about several judges, and thinks the attacks are abhorrent. Gorsuch reportedly agreed that it was disheartening and said it was ‘demoralizing.’” In a tweet, President Trump indicated that Blumenthal misrepresented Gorsuch’s comments.

State

Ohio Marsy’s Law Approved for Circulation

• The Ohio Ballot Board gave approval for supporters of a Crime Victim Rights Amendment to gather signatures in an attempt to get the measure on the 2017 ballot. The board confirmed that the initiative met the state's single-subject rule, meaning that petitions for the initiative could begin circulating. The potential amendment, commonly referred to as Marsy’s Law, would provide crime victims with specific rights, such as the right to be notified about and present at proceedings; to be heard at proceedings involving release, plea, sentencing, disposition, or parole of the accused; to be protected from the accused; to be notified about release or escape of the accused; to refuse an interview or disposition at the request of the accused; and to receive restitution from the individual who committed the criminal offense. On February 3, Attorney General Mike DeWine (R) determined the petition summary was fair and accurate.
  • The type of crime victim legislation addressed by this measure is often referred to as a Marsy's Law. Henry Nicholas, the billionaire co-founder of Broadcom Corp., started campaigning for this kind of legislation to increase the rights and privileges of victims; he was the primary sponsor of the original 2008 Marsy's Law in California and was behind similar 2016 initiatives in Montana, South Dakota, and North Dakota—which all passed—and legislative proposals in Georgia, Hawaii, Kentucky, North Carolina, and Nevada. The legislation is named after Henry Nicholas' sister Marsy Nicholas, who was murdered by her ex-boyfriend in 1983. Henry and his mother were also confronted by Marsy's ex-boyfriend after his release from prison; they were unaware of his release from prison on bail.

Judge Nominated for Massachusetts’ Highest Court

• Gov. Charlie Baker (R) nominated appeals court Judge Elspeth Cypher to the Massachusetts Supreme Judicial Court. If confirmed, she will succeed retiring Justice Margot Botsford, who will reach the mandatory retirement age of 70 in March. Cypher must be confirmed by the Governor’s Council before assuming her post on the state’s highest court. Following her confirmation, Cypher would become the fourth Baker appointee to serve on the seven-judge court. The other three members of the court were appointed by former Gov. Deval Patrick. Massachusetts is one of only two states (along with New Jersey) that allows for the gubernatorial appointment of judges to all courts.

Judges Block North Carolina Legislation

• A three-judge panel in North Carolina blocked legislation that would require Gov. Roy Cooper (D) to get Senate confirmation for cabinet appointments. The law limiting the governor’s ability to make appointments was passed two weeks before Cooper was sworn into office. Republican leadership in the legislature spoke out against the panel, saying that the judges were legislating from their position on the bench. Cooper, however, praised the ruling as an end to “partisan confirmation games.” Republicans passed this and other bills shortly after Cooper was declared the winner over former Gov. Pat McCrory (R) in December. With Cooper’s victory in 2016, North Carolina’s Republican trifecta was broken and it became a divided government.

Iowa School Funding Bill Signed

• Iowa Gov. Terry Branstad (R) signed legislation into law giving $40 million in supplemental aid to the state’s school districts for the fiscal year that begins on July 1. The legislation increases spending by just over 1 percent and increases the amount spent per student by $73 to $6,664. Additionally, funding was increased specifically to help reduce class sizes, raise teacher salaries, and pay for early intervention programs. Under the new proposal, 54 percent of the state’s 357 school districts will fall under the state’s budget guarantee. This program provides a 1 percent funding increase using local property taxes as a means to guard against lost funding due to declining enrollment. In the 2012-2013 school year, Iowa reported the highest graduation rate in the nation, 89.7 percent.

Texas Senate Advances Bill to Defund Sanctuary Cities

• The Texas State Senate voted 20-10 to approve legislation that would require municipalities to enforce federal immigration policies. The bill would also allow the state to strip funding from governments that don’t honor requests for detainers related to immigration status. The bill must be approved by the Texas House of Representatives before Gov. Greg Abbott (R) will have the option of signing it. Rep. Charlie Geren (R) sponsored similar legislation in the lower chamber, though committee assignments have not yet been made and no bills have been heard in the House yet. Texas is one of 25 Republican trifectas.

Field for Illinois Governor Grows

• Businessman Chris Kennedy (D) filed paperwork to run for governor of Illinois in 2018. Kennedy is the son of Robert F. Kennedy, the late U.S. senator from New York. In a statement, Chris Kennedy said, “We don't need incremental improvement. We need fundamental change in state government.” Gov. Bruce Rauner (R) plans to run for re-election in 2018, and Chicago Alderman Ameya Pawar (D) has also filed paperwork to run for governor. Rauner’s victory in 2014 broke the Democratic trifecta in Illinois. Democrats will look to rebuild that trifecta in 2018 by recapturing the governor’s mansion.

West Virginia Began Its Legislative Session

• The state legislative session began in West Virginia. West Virginia is currently one of 19 states under divided government. The state’s 134 legislators—a number that represents 1.8 percent of the 7,383 state legislators across the country—are back to work. All told, by this point, 91.4 percent of legislators are in session and back at work for 2017.

Local

Portland Public Schools out of Step with State Standards

• After conducting an annual compliance self-assessment, Portland Public Schools will announce that it is out of compliance with Oregon state standards in the areas of curriculum and talented and gifted (TAG) accommodations. Chris Russo, the district’s assistant superintendent for teaching and learning, said that PPS is designing a new spectrum of TAG services that will include in-school supports and the TAG Scholars program. According to Russo, the district is out of compliance because its plans for services have changed but have not yet been implemented. The new TAG program will cost the district an additional $1 to $5 million—funding that must be approved by the school board. Three of the seven school board seats will be up for general election on May 16, 2017. If PPS does not complete its plan and regain compliance by September 2017, it could lose state funding. Parents on PPS’ Talented and Gifted Advisory Council have advocated for change in the district’s TAG program since 1997. Additionally, a complaint was filed against the district in 2017 and has now become a federal civil rights lawsuit. The suit alleges that a student was denied entry to the PPS ACCESS Academy school for the highly gifted due to a disability. Russo said the district’s noncompliance announcement was not precipitated by the complaints or lawsuit. Portland Public Schools served 47,806 students during the 2014-2015 school year—approximately eight percent of all public school students in the state.

Increased K-12 Funding Proposed in Wisconsin

• Gov. Scott Walker (R) announced his $76.1 billion two-year budget proposal. If the budget is accepted, total state spending would increase by nearly $2 billion (4.2 percent) over the previous year’s budget, but taxes and fees would be reduced by up to $600 million. The proposed budget includes over half a billion dollars in increased funding for K-12 schools, with more funding for rural school districts that have seen declining enrollments. The proposal also includes an August tax holiday on school supplies, clothing, and computers. Part of the increased K-12 funding relies on self-insured workers saving the state over $60 million through the next two years. If those savings don’t materialize, Walker said he may have to pull back on the total K-12 funding. Previously, Walker proposed cutting funds for K-12 schools. Since 2011, Republicans in Wisconsin have maintained a governing trifecta. When one party controls the three vital centers of state political power—the office of the governor, the state House, and the state Senate —Ballotpedia considers that party to have a trifecta. Trifectas make it easier for the dominant party to pursue its agenda and more difficult for opposing parties to challenge it.

Preview of the day

The excerpts below were compiled from issue #51 of The Tap, which was published on February 4, 2017. READ THE FULL VERSION HERE.

State

West Virginia Begins Its Legislative Session

• The state legislative session will begin in West Virginia. West Virginia is currently one of 19 states under divided government. The state’s 134 legislators—a number that represents 1.8 percent of the 7,383 state legislators across the country—will be back to work. All told, by this point, 91.4 percent of legislators will be in session and back at work for 2017.