The Tap: Wednesday, June 22, 2016

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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 #22 of The Tap, which was published on June 25, 2016. READ THE FULL VERSION HERE.

Federal

• On Wednesday, a group seeking to prevent Donald Trump from winning the nomination at the Republican National Convention next month began running ads in Iowa. Courageous Conservatives, run by former Ted Cruz state chairman Steve Lonegan of New Jersey, released a radio ad targeting Steve Scheffler, a Republican National Committeeman and member of the convention Rules Committee. The ad states, “Steve Scheffler is trying to force Republican delegates to vote for Donald Trump and threatening those that find that vote to be morally offensive… but this is one of those times when delegates need to be free to vote their conscience.” Scheffler reportedly dismissed the ad, telling The Wall Street Journal, “These people are a bunch of bullies. I’m not going against the will of the people from across the country.” Another group, calling itself Delegates Unbound, is set to run ads on national cable TV over the weekend, encouraging delegates to the convention to vote their conscience. Also on Wednesday, Politico reported that Trump’s campaign was in the process of developing a convention operation to push back against these groups. The operation includes the creation of a “whip team” that is building a database of delegate profiles and will be in charge of monitoring the proceedings of the convention Rules Committee at the convention.
  • See also: RNC Rules Committee, 2016

• Bruce Ash, the chair of the Standing Committee on Rules of the Republican National Committee (RNC), wrote a letter to his fellow RNC members imploring them to unite behind Donald Trump and stop attempting to organize an effort to change the rules. “I pray we avoid drama such as what occurred at the 2012 convention rules committee. We have our county’s future and the future of our party in our hands. Can you imagine the rage if Trump is denied the nomination? The RNC created a level playing field to select our 2016 nominee. Against 17 contestants Donald Trump surprised the political world and out-performed everyone,” Ash wrote.
  • See also: RNC Standing Committee on Rules

• The Arkansas Democrat-Gazette reported that Mike Huckabee agreed to pay the band Survivor $12,500 for Huckabee’s unpermitted use of the song “Eye of the Tiger” during his presidential campaign. Huckabee used the song when appearing with Kim Davis, the county clerk in Rowan County, Ky., who refused to sign marriage licenses for same-sex couples. The settlement adds to Huckabee’s remaining campaign debt, which the paper reported to be $31,454.44.

• Donald Trump delivered a speech criticizing Hillary Clinton on several different fronts by contrasting his policy of “America first” with Clinton’s “policy of globalism” and referencing allegations made against her in Peter Schweitzer’s book Clinton Cash.
  • Clinton responded to Trump’s speech on Wednesday, describing it as full of “outlandish lies and conspiracy theories.”

• In an interview on C-SPAN, Bernie Sanders discussed the possibility that he would speak at the Democratic National Convention. “It doesn’t appear that I’m going to be the nominee, so I’m not going to determine the scope of the convention. I've given a few speeches in my life. It would be nice to speak at the Democratic National Convention. If for whatever reason they don't want me to speak, then whatever. But I do think I'll speak at the convention,” he said.

• Gary Johnson and his running mate, Bill Weld, participated in a televised town hall on CNN, discussing both domestic policy and national security issues.
  • Johnson said on potentially being a spoiler: “I'd feel just fine. I do believe that we've got - the two-party system is a two-party dinosaur and that they're about to come in contact with the comet here. I think that that's a real possibility. Look, there are extremes on both sides. And I think most Americans are Libertarian. It's just that they don't know it, and this is an opportunity tonight to describe that.”
• Republicans in the U.S. House of Representatives released a healthcare plan as an alternative to Obamacare. The proposal would retain some aspects of Obamacare, such as the restriction against insurance companies denying individuals with preexisting conditions. It would allow states that have expanded their Medicaid programs to maintain the expansions while prohibiting any new states from expanding. The plan would also establish a tax credit to purchase insurance for those without employer-sponsored coverage, allow the sale of insurance across state lines, expand the use of health savings accounts, and provide block grants to states for administering Medicaid. While the proposal is not a formal piece of legislation, House Speaker Paul Ryan said that it represents a “first-time-in-six-years consensus by the Republicans in the House on what we replace Obamacare with.”

• The U.S. Justice Department announced plans to charge 301 individuals nationwide with committing Medicare and Medicaid fraud worth $900 million. Most of the fraud involved billing the public healthcare programs for home healthcare services, such as in-home assistance, that were never provided. The takedown occurred across 36 federal judicial districts in 26 states. The department stated it was the largest fraud takedown ever coordinated by the Justice Department and Health and Human Services Department’s joint strike force, in terms of both the number of people arrested and the dollar amount of fraud. According to The Fiscal Times, since 2010, the strike force has arrested 1,200 individuals for Medicare and Medicaid fraud worth $3.5 billion.

• The trustees of the Social Security and Medicare trust funds released a report finding that the Medicare trust fund will be insolvent by 2028. By that time, the Medicare trust fund would have the funds to pay out only 87 percent of benefits. The timeline for insolvency is two years earlier than projected last year due to lower-than-expected revenue from payroll taxes and a rate of decrease in the use of services that was slower than expected. The report also found that the Social Security trust fund will be insolvent by 2034, having the funds to pay out only 79 percent of benefits.

• Led by Rep. John Lewis (D-Ga.), Democrats began a sit-in on the House floor over gun control legislation that lasted more than 24 hours. Democrats staged the sit-in to get votes on legislation prohibiting people on terror watchlists from buying guns and on legislation expanding background checks to purchase firearms. The Senate failed to pass bills with those purposes on Monday. The sit-in ended at 1:04 p.m. on Thursday with Democrats vowing to push forward with their effort to pass gun control legislation when the House reconvenes on July 5; however, House Minority Leader Nancy Pelosi (D-Calif.) said, “the precise tactics Democrats will employ [to get votes] are yet undecided.”

• President Barack Obama signed the following into law:
  • Key legislation: HR 2576 - the Frank R. Lautenberg Chemical Safety for the 21st Century Act. The legislation reforms the Toxic Substances Control Act, an environmental law that requires chemical safety standards for common products. Under the new law, the U.S. Environmental Protection Agency (EPA) can test and regulate thousands of chemicals currently in use as well as chemicals that arrive on the market every year. A more controversial provision in the legislation blocks state governments from regulating chemicals on their own. The provision was opposed by states that took action to regulate chemicals but supported by chemical industry groups. The law was supported by both parties. It passed the U.S. House by a vote of 403 to 12 and the U.S. Senate by voice vote.
  • S 2276 - the Protecting our Infrastructure of Pipelines and Enhancing Safety Act or the SAFE PIPES Act reauthorizes the federal pipeline safety oversight board. The law makes changes to Pipeline and Hazardous Materials Safety Administration (PHMSA) safety policies, including a push to add more transparency to the regulatory process. It also gives the U.S. Department of Transportation more power to issue emergency energy pipeline shutdown orders and requires a study of pipeline operators’ management plans.
  • HR 812 - the Indian Trust Asset Reform Act.
  • HR 1762 - To name the Department of Veterans Affairs community-based outpatient clinic in The Dalles, Oregon, as the "Loren R. Kaufman VA Clinic.”
  • HR 2137 - the Federal Law Enforcement Self-Defense and Protection Act of 2015.
  • HR 2212 - To take certain Federal lands located in Lassen County, California, into trust for the benefit of the Susanville Indian Rancheria, and for other purposes.

• Key vote: The Senate rejected S Amdt 4787 to S Amdt 4685 by a vote of 58-38. Sixty votes were needed to move forward with the amendment. The legislation proposed allowing the FBI to access electronic data without a warrant during investigations involving terrorism and making “permanent the authority for individual terrorists to be treated as agents of foreign powers under the Foreign Intelligence Surveillance Act of 1978.”

• The House failed to override President Barack Obama’s veto of HJ Res 88 - Disapproving the rule submitted by the Department of Labor relating to the definition of the term "Fiduciary" by a vote of 239-180. A two-thirds majority was needed to override the veto. The resolution proposed preventing the U.S. Department of Labor from implementing a rule that requires retirement investment advisors to put their customer’s interests first when providing advice.

State

• Arizona State Rep. Ceci Velasquez (D-29) was indicted on several charges of felony welfare fraud including fraudulent schemes and practices, unlawful use of food stamps, and theft. These charges were the result of an investigation conducted after the state got a tip of possible fraudulent activity in November 2014. Velasquez tweeted that she had “done nothing wrong” and stated that the investigations and charges were politically motivated. Velasquez was elected in 2014.
• Supporters of four Massachusetts indirect initiated state statutes submitted signatures to local clerks. Supporters of the Question 3, Ending Common Core Education Standards Initiative, Marijuana Legalization Initiative, and “Fair Access to Public Charter Schools” Initiative needed to submit 10,792 signatures for local clerks to prepare and send to the state by July 6, 2016. Wednesday was the second round of signature submissions. Prior to June 22, petitioners had a deadline of December 2, 2015, to submit 64,750 signatures to the Massachusetts Legislature, which may approve initiated statutes to the ballot. If the legislature does not act on the potential measures, supporters must collect an additional 10,792 signatures. Supporters of a fifth measure, the Question 1, did not say if they submitted signatures.
• Kentucky Attorney General Andy Beshear (D) announced he would file a lawsuit against Governor Matt Bevin (R) regarding his recent executive orders reorganizing two state boards of trustees. This is the second legal action Beshear has taken against Bevin this year; the first was dismissed last month by a circuit court judge, a decision that Beshear said he planned to appeal. The lawsuit is the latest installment in Bevin's ongoing feud with Beshear and his father, former Governor Steve Beshear (D), whom Bevin succeeded. Bevin and the elder Beshear have made no secret of their dislike for each other since Bevin assumed office in January, trading barbs during speeches, press conferences, and even in an online ad. State officials from both major parties have criticized the very public feud, which could influence the outcome of Kentucky Republicans' fight to gain control of the state House this year. The Kentucky House is one of 20 battleground chambers identified by Ballotpedia in 2016. Kentucky currently has a divided government; if Republicans win the state House, they will gain trifecta control of the state.

• Wyoming federal Judge Scott Skavdahl struck down an Obama administration rule regulating hydraulic fracturing (fracking) on federal lands. The rule would have required oil and gas operators to submit new information about the oil and gas wells being fracked and disclose the chemicals used in the fracking process. It also would have created new wastewater management standards and changed well structure requirements. Judge Skavdahl struck down the rule by stating that the Energy Policy Act of 2005 prevented fracking from being regulated by the federal government. Following the ruling, White House spokesman Josh Earnest said the administration would continue to defend the ruling in court. According to the Bureau of Land Management, fracking was used on almost 90 percent of the 2,800 wells drilled on federally managed lands in 2013.

• Gov. Larry Hogan released a set of proposed rules that would regulate fracking in Maryland. There has been a moratorium on fracking in Maryland since 2011 that was put into place by then-Gov. Martin O'Malley. The moratorium continued while the state completed several studies about the expected impacts of the oil and gas extraction practice. If Hogan's recommended rules are adopted, fracking permits could begin being issued in October 2017.
• Kentucky Governor Matt Bevin released a proposal to overhaul the state’s Medicaid program by requiring enrollees to pay monthly premiums ranging from $1 to $15. Disabled adults and pregnant women would be excluded from the requirements. The premiums would vary based on income level, and the program would allow enrollees to earn credits that could be used for the purchase of dental or vision benefits. Bevin says the plan will save the state $2.2 billion between 2017 and 2021. Bevin will submit his plan to the federal government for approval and has said that if it is rejected, he would roll back the expanded eligibility for the program enacted under former Governor Steve Beshear, meaning that 440,000 fewer Kentuckians would be eligible for Medicaid.
• Pennsylvania Governor Tom Wolf has announced he will no longer seek hikes to state income or sales taxes to increase revenue. This announcement comes within a week of the July 1 budget deadline. Wolf had intended a tax hike to boost funding for schools, but Wolf has scaled back his original request of about $350 million to $250 million. Wolf has also requested an increase of $34 million to deal with heroin and opioid abuse in the state. Wolf’s proposed tax hikes had been opposed by the Republican-controlled state legislature. Where the needed revenue will come from is being discussed by both sides; tobacco and gambling taxes and new liquor sales laws have been mentioned.

• Oklahoma State Rep. Richard Morrissette (D) withdrew from the race for Corporation Commission, leaving incumbent Dana Murphy (R) unopposed in the general election. The popular lawmaker had declared his candidacy for Murphy's seat in February 2016, following his criticism of the commission's response to the recent rise in purported human-induced earthquakes caused by the state's oil and gas industries. Morissette had called the commission's plan to reduce drilling by 50 percent within a 3.5-mile radius of a large December 2015 quake insufficient, while Murphy claimed that shutting down the wells too quickly might cause further instability. Morissette released a statement on his Facebook page citing the April 2016 death of his father as the motivating factor for withdrawing.

Local

• The Los Angeles City Council in California voted to approve a $57.6 million deal to outfit all city police officers with body cameras by late 2017. The police force will be the largest one in the nation to use the equipment across the board. Several other major cities, including New York City, Chicago, Philadelphia, Houston, and Washington, D.C., have also experimented with police body cameras in recent years. Los Angeles Mayor Eric Garcetti (D) began pushing for the move in 2014, but members of the council initially balked at the program’s price tag. The city currently has about 860 body cameras, all obtained through private donations, and approximately 7,000 police officers. The American Civil Liberties Union of Southern California also opposed the program, citing the police department’s policy not to release body camera footage without a court order. The plan received support from Police Commissioner Steve Soboroff, who stated that the city’s efforts may serve as a model for other police departments. Los Angeles is California’s largest city and the second-largest in the U.S. by population.
• Chicago Mayor Rahm Emanuel's (D) proposals to regulate the city’s ridesharing and housing rental industries were approved by the city council, impacting popular online businesses such as Uber, Lyft, Airbnb, and VRBO. Chicago is the largest city in Illinois and the third-largest city in the U.S. by population.
  • Ridesharing: Although the city council initially considered requiring fingerprint background checks of drivers with ridesharing platforms such as Uber and specialty vehicles for disabled riders, it eventually approved a less stringent version of the bill. The final version, which passed 36-12, called for a six-month study on fingerprint background checks and required ridesharing companies operating in the city to accommodate disabled riders within a year. The ordinance requires ridesharing drivers to obtain chauffeur licenses, which they may receive via online training courses. An official for Uber praised the bill and stated that it met the demands of “hundreds of thousands of Chicagoans.” Mayor Emanuel's brother, Hollywood agent Ari Emanuel, is a significant investor in Uber.
  • Housing rentals: The new rules on housing rentals, which passed 43-7, allow residents in single-family home zoning areas the power to petition for or against home rental restrictions, but they did not address areas zoned for condos or rentals. The ordinance set a variety of caps on housing rentals in different kinds of buildings and areas in a manner that the Chicago Tribune referred to as “dizzyingly complex.” It requires Airbnb to purchase a $10,000 license to operate in the city, enacts a 4 percent tax per rental for homeless services, and sets a $60 fee per city address listed on the website. Airbnb senior adviser and former Chicago Alderman Will Burns voiced his support for the regulations and stated, "The City of Big Shoulders is giving a big welcome to home sharing."
  • The new Chicago laws are the latest in a series of regulations proposed or enacted targeting these two “sharing economy” industries:
    • June 13, 2016: The Denver City Council passed a pair of regulations targeting the short-term housing rental industry. The first regulation amended the city's zoning code to account for short-term rentals, and the second regulation instituted an annual $25 licensing fee for short-term rental hosts and an enforcement mechanism using per-incident fines of up to $999. Prior to the passage of the new laws, all short-term rentals were illegal in Denver, but the law frequently went unenforced.
    • June 7, 2016: The San Francisco Board of Supervisors approved legislation that restricts commercial postings from short-term housing rental websites. A similar but more extensive citizen-initiated measure, Proposition F, was defeated in 2015. Under the new law, only residents registered with the city as hosts are permitted to post short-term listings. Any individual or business found posting a noncompliant listing can be fined up to $1,000 per day.
    • June 1, 2016: Seattle Mayor Ed Murray (D) and Councilman Tim Burgess (D) proposed limiting short-term rentals to improve the city’s housing market. Their plan would allow only primary residences to be listed year-round on services such as Airbnb and VRBO, whereas secondary residences would be limited to 90 nights per calendar year.
    • May 16, 2016: Uber threatened to cease operations in Houston, Texas, unless the city council votes to repeal a regulation that requires fingerprint-based background checks for drivers. Uber made a similar move in both Galveston and Midland in February 2016. Uber regulations and a threat by the company to leave also played a role in San Antonio’s mayoral race in 2015.
    • May 10, 2016: The Corpus Christi City Council in Texas voted to reject an ordinance to allow Uber and Lyft ridesharing service drivers to operate without fingerprinting and background checks. In response, the group that proposed the ordinance, Citizens of Corpus Christi, announced its intention to put a referendum on the public ballot on November 8, 2016. The city council’s approval of regulations on the ridesharing services resulted in both companies withdrawing from the city.
    • May 7, 2016: In Austin, Texas, 56 percent of voters rejected Proposition 1, which would have overturned a city law requiring ridesharing drivers to undergo fingerprinting and background checks. Uber and Lyft spent a combined total of more than $8 million to promote the referendum. After its failure, both ceased their operations in the city.
• The Chicago City Council approved an ordinance requiring employers in the city to offer five days of paid sick leave, effective July 2017. The measure passed the council unanimously, but it was opposed by both the Chicagoland Chamber of Commerce and the Illinois Retail Merchants Association. More than 25 other cities across the country currently have similar paid sick leave laws. Such measures have become a trend in California recently, with Los Angeles, San Diego, San Francisco, and Oakland all passing similar laws either through council votes or referendums.
• The New York City Police Department is the target of a federal class-action lawsuit over its policy banning officers from having beards. The suit was filed on behalf of Masood Syed, a Pakistani-American who claimed he was suspended without pay for not shaving his beard during Ramadan. The lawsuit claims that the department’s policy infringes on the rights of more than 100 police officers. The department’s legal counsel defends the policy, saying it protects officers in physical confrontations and meets federal guidelines for gas mask use. There is an exception to the policy for religious observers and medical conditions, but it allows only up to one millimeter of beard growth. The city previously lost a similar suit when a federal district court sided with a Hasidic Jewish police officer who was fired during his probationary period for refusing to shave his beard on religious grounds.

Preview of the day

There were no items for this day in issue #21 of The Tap, which was published on June 18, 2016. See the "Review of the day" tab for more information.