CA bill would make it first statewide sanctuary jurisdiction

Also in today's Tap: Sponsors of a $15 per hour minimum wage bill in Baltimore, Maryland, announced they would not try to override Mayor Pugh's veto. [View this email in your browser]( [Ballotpedia]( [Facebook]( [Twitter]( [The Tap]( The week in review: April 1 - April 7 What's on tap next week: April 8 - April 14 Highlights State - On Monday, April 3, the [California State Senate]( approved SB 54, a bill that would [prohibit]( California law enforcement agencies from using state and local resources for the purposes of reporting, arresting, investigating, or detaining individuals in compliance with federal immigration laws. The bill [also]( limits coordination between county jails and Immigration and Customs Enforcement (ICE) officials, though it does allow local agencies to notify ICE of the release dates for violent felons and to alert federal officials if they come across individuals with criminal backgrounds who have previously been deported. - SB 54 passed along party lines, with all 27 Democrats in the chamber voting in favor of it and 12 Republicans voting against it. Supporters of the bill have argued that it will improve relations between law enforcement and immigrant communities and offer protections for immigrants at a time when The White House has indicated that it intends to pursue and enforce [stricter immigration policies](. Opponents have said that it could lead to an increase in violent crimes and that immigration policy should be set by the federal government. Opponents have also argued that the bill, if enacted, could lay the groundwork for conflict with the Trump administration. On January 25, 2017, President Trump (R) signed an [executive order]( giving the departments of [Justice]( and [Homeland Security]( the authority to withhold federal funds from jurisdictions that enact or enforce policies similar to those proposed under SB 54. An estimated [2.3 million]( immigrants live in California without legal authorization. The bill now heads to the [California Assembly]( where Democrats have a 55-25 majority. California is one of six Democratic [state government trifectas](. - SB 54 would make California the first state in the country to become a statewide [sanctuary jurisdiction]( a term that broadly refer to cities, counties, or states that have enacted policies which limit the involvement of local officials in the enforcement of federal immigration law. A February 2017 [study by Ballotpedia]( found that 31 of the largest 100 cities by population in the United States either self-identified or were identified by others as sanctuary cities. A total of nine of those 31 cities were located in California, and one of them—[San Francisco]( a [federal lawsuit]( in January after [President Trump]( signed an executive order withholding federal funds from sanctuary jurisdictions. Local - On Monday, April 3, the sponsor of a $15 per hour minimum wage bill in [Baltimore, Maryland]( [announced]( that the city council would not try to override Mayor [Catherine Pugh’s]( (D) veto. The mayor vetoed the bill, which would have phased in the increase by 2022, after it was approved 11-3 on March 20, 2017. The council would have needed 12 votes to override her veto and the one council member who was not present at the March 20 vote had previously stated his support, but the bill began to lose support following the veto. Councilwoman [Mary Pat Clarke]( (D), who led initial the effort to pass it, stated that a veto override had support from seven council members. She stated that minimum wage advocates would attempt to put a measure on the public ballot for city voters instead. - Mayor Pugh [vetoed]( the minimum wage bill on March 24, 2017. During her [candidacy]( for mayor in 2016, Pugh had [pledged]( to sign a minimum wage bill, but she stated concerns about the bill after taking office as mayor and [said]( “Sometimes the unintended consequences can be greater than the outcome itself.” She previously served as a member of the state senate from 2007 to 2016. Baltimore is the largest city in Maryland and the [26th-largest city]( in the U.S. by population. - Other cities have considered or implemented higher minimum wages in recent years. [Los Angeles]( [San Francisco]( [Seattle]( and [Washington, D.C.]( have all begun the implementation of a $15 per hour minimum wage. State Politics: The Week in Review Ballot Measures Update 2017: - So far, [five statewide measures]( are certified to appear on the ballot in 2017 in [Maine]( [New York]( [New Jersey]( and [Ohio]( [citizen initiated]( measure, three [legislatively referred]( measures, and one measure [automatically referred]( to the ballot by the state constitution. Moreover, voters in Puerto Rico will decide [a referendum]( on June 11—and another in October depending on the results of the June referendum—asking whether they want statehood or independence/free association. Over the previous five odd-year election cycles, an average of about seven citizen-initiated measures and 34 total statewide measures have appeared on ballots. - No new measures were certified for the 2017 ballot last week. - The next [signature filing deadline]( for citizen initiatives in 2017 is in [Ohio]( on July 5. - By [this time in 2013]( one measure had been certified for the 2013 ballot; by [this time in 2015]( five measures had been certified for the 2015 ballot. - Two [indirect initiatives]( addressing [casinos]( and [one addressing Medicaid expansion]( under the ACA—were certified as valid and sufficient and sent to the legislature in Maine; they will go before voters if the legislature does not approve them unaltered. 2018: - [Seventeen measures]( are certified to appear on statewide ballots in [2018]( so far—five [citizen initiated]( measures, 11 [legislatively referred]( measures, and one measure [automatically referred]( to the ballot by the state constitution. Over the previous five even-year election cycles, an average of 61 citizen-initiated measures and 173 total statewide measures have appeared on ballots. - [Three new measures]( were certified for 2018 ballots last week. - By [this time in 2013]( 13 measures had been certified for the [2014 ballot]( by [this time in 2015]( 16 measures had been certified for the [2016 ballot](. --------------------------------------------------------------- Monday, April 3 Kansas House Votes Against Overriding Medicaid Veto - The [Kansas House of Representatives]( voted [81-44]( against overriding Gov. [Sam Brownback’s]( (R) veto of a [medicaid]( expansion bill. The House passed the bill by the same margin in February. The [Senate]( passed it 25-14 on March 28. Brownback vetoed the bill two days later. The House needed 84 votes to override the veto. Kansas is one of 19 states that has declined to expand Medicaid through the [Affordable Care Act]( also known as [Obamacare](. The medicaid expansion bill would have extended coverage to an estimated [150,000 people]( in Kansas. In his veto message to the legislature, Brownback stated, “I am vetoing this expansion of ObamaCare because it fails to serve the truly vulnerable before the able-bodied, lacks work requirements to help able-bodied Kansans escape poverty, and burdens the state budget with unrestrainable entitlement costs.” Kansas is one of 25 [Republican trifectas](. - The Patient Protection and Affordable Care Act of 2010 provided for the expansion of Medicaid to cover all individuals whose income is equal to or less than 138 percent of the federal poverty level, which amounted to $16,394 for individuals and $33,534 for a family of four in 2016. However, participation in the expansion was made voluntary on the part of the states. Meagan Flynn appointed to Oregon Supreme Court - [Oregon Court of Appeals]( Judge [Meagan Flynn]( was appointed to the [Oregon Supreme Court]( by Gov. [Kate Brown]( (D). Flynn replaces [Richard {NAME}]( who retired last Friday. Flynn is Brown's second appointment to the seven-member court. The new justice must run for re-election to a full six-year term in 2018. Seven justices sit on the court. --------------------------------------------------------------- Tuesday, April 4 Alabama Legislature Votes to End Judicial Override - The [Alabama House of Representatives]( voted [78-19]( to send a bill to the governor’s desk prohibiting judges from sentencing convicted criminals to death in capital cases where a jury recommends life in prison—a practice known as judicial override. Alabama is the only state in the country that allows judges to override the sentencing recommendations of juries in capital murder cases. The bill approved by the House applies only to future cases. A total of 183 inmates in Alabama are currently on death row, and [20 percent]( of them are there due to judicial overrides. [Since]( 1976, Alabama judges have overridden recommendations made by juries 112 times, with 101 of those instances resulting in death sentences. The [Alabama Senate]( passed the bill in February in a 30-1 vote. Gov. [Robert Bentley]( (R) has indicated that he intends to sign it. The bill received [bipartisan support]( in the legislature. Democrat [Chris England]( sponsored it in the House, while Republican [Dick Brewbaker]( sponsored it in the Senate. Alabama is one of 25 [Republican trifectas](. Oklahoma Marsy’s Law Certified for 2018 Ballot - The [Oklahoma State House]( voted unanimously to give the [final approval required]( to put a constitutional amendment to establish a bill of rights for crime victims on the ballot in [2018](. This type of legislation is known as [Marsy’s Law](. The amendment would provide crime victims with the following rights: the right to fair and respectful treatment; the right to dignity and privacy; the right—upon request—to reasonable and timely notice of proceedings; the right to be heard in any proceeding involving release, plea, sentencing, or parole of the accused; the right to reasonable protection; the right—upon request—to reasonable notice of any release or escape of the accused; the right to refuse an interview or other request made by the accused; the right to full and timely restitution; the right to undelayed proceedings and a prompt conclusion and sentence; and the right—upon request—to confer with the attorney for the state. In Oklahoma, a constitutional amendment [must be]( passed by a simple majority vote in each house of the [state legislature]( during one legislative session. The [state Senate]( passed the amendment 43-2 [on March 21](. - [Henry Nicholas]( the 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 2016 initiatives to enact similar legislation in [Montana]( [South Dakota]( and [North Dakota]( all passed. - Voters in [Nevada]( could also vote on a legislatively referred Marsy’s Law measure in 2018, and a [Marsy’s Law initiative]( is being circulated in [Ohio]( that would go on the [2017 ballot]( if petitioners are successful. Moreover, Maine legislative proposal that is still in committee has backing from Democratic House Majority Leader [Erin Herbig]( and Republican Senate President [Mike Thibodeau]( and would go on the [2017 ballot]( upon two-thirds approval in both chambers. - Similar legislative proposals were introduced and passed in one chamber this year in [Georgia]( and [Idaho]( but failed to gain approval in the other chamber. - In Georgia, the proposal was approved 50-4 in the state [Senate]( but never received a state [House]( vote. - In Idaho, the state [Senate]( approved Marsy’s Law unanimously, but the [House State Affairs Committee]( voted 10-5 against the measure. Maryland Bans Fracking - Maryland Gov. [Larry Hogan]( (R) signed legislation banning the practice of hydraulic fracturing, or [fracking]( a method used in [oil]( and [natural gas]( extraction. Maryland is now the [first state]( in the country with natural gas reserves to have a legislature vote to ban fracking. [New York](20in%20New%20York) has banned fracking via executive order, and [Vermont](20in%20Vermont) has banned fracking through legislation, though Vermont does not have oil or natural gas reserves. The [Maryland State Senate]( approved the legislation last month in a 35-10 vote. The [House of Delegates]( had previously approved it 97-40. Maryland is one of 19 states under [divided government](. - After the legislature passed the bill, the Maryland Petroleum Council, a subset of the [American Petroleum Institute](20Petroleum%20Institute), argued that the bill could reduce the economic benefits associated with in-state energy extracted through fracking. After Hogan signed the bill, the council’s executive director called the ban [more symbolic because Maryland has few natural gas reserves.]( - Environmental groups in the state, such as the [Sierra Club](20Club), supported Hogan’s signing of the bill. While environmental groups supported the fracking ban, [some environmental groups in the state]( according to a story in the Baltimore Sun, questioned Hogan’s position on other issues, including Hogan’s veto of a bill to set new goals and state-enforced deadlines to increase the state’s share of electricity generation from [renewable energy](20energy) sources, such as [wind](20energy) and [solar energy](20energy) (the legislature overrode the veto). - See also: [Fracking]( Indiana Balanced Budget Amendment Certified For 2018 Ballot - The [Indiana State House]( gave the final approval required to put [a constitutional amendment]( before voters in [2018]( that would require the [state legislature]( to enact a balanced budget for each biennial budget period. The measure would also require public pension funds to be funded during each budget period. A two-thirds vote in each chamber of the legislature would be required to suspend the requirements of a balanced budget and fully funded pensions for a budget period. The amendment was also designed to forbid court-ordered tax increases without the legislature's approval. In Indiana, proposed constitutional amendments [need to be]( passed by a simple majority in two legislative sessions, provided a general election has taken place between the two sessions. The legislature approved this amendment as Senate Joint Resolution 19 in the [2015 session]( and the [Indiana State Senate]( approved this year’s resolution—SJR 7—on January 24. Both chambers also approved Senate Bill 222, which set the [ballot question]( for the amendment. The amendment will be enacted if a majority of voters approve it in November 2018. - From 1996 through 2016, Indiana voters decided 11 [legislatively referred constitutional amendments]( and approved all of them. - Indiana is currently one of 25 [Republican trifectas](. Indiana Senate Votes To Let Governor Appoint State Superintendent - The [Indiana State Senate]( voted 28-20 in favor of making the position of [state superintendent of public instruction]( a gubernatorial appointment. Indiana is [currently]( one of 13 states that elects its head of the state’s education department. The position is currently held by Republican [Jennifer McCormick]( who defeated Democratic incumbent [Glenda Ritz]( in 2016 52.97 to 47.03 percent. Ritz, who was first elected in 2012, regularly sparred with the administration of former Indiana Gov. [Mike Pence]( (R) over issues such as school testing and voucher programs. Gov. [Eric Holcomb]( (R) has voiced [support]( for making the position a gubernatorial appointee. Indiana is one of 25 [Republican trifectas](. Wisconsin Assembly Passes Opioid Legislation - The [Wisconsin Assembly]( passed nine bills aimed at fighting opioid addiction. Gov. [Scott Walker]( (R) called for a special session in January to address opioid addiction in Wisconsin. Included in the nine bills were a measure to create a publicly-funded charter school for recovering opioid addicts and funding for treatment programs, law enforcement agencies, and mental health training. The bills now head to the [Senate](. Wisconsin is one of 25 [Republican trifectas](. - Other states have been taking similar actions in fighting opioid addiction. In March 2017, Maryland Gov. [Larry Hogan]( (R) signed an executive order declaring a state of emergency and committing $50 million over five years to fund enforcement, prevention, and treatment services related to opioids. In February 2017, New Jersey Gov.[Chris Christie]( (R) signed[legislation]( into law that limits initial prescriptions for pain-killing opioids to five days and requires insurance companies to accept addicts into treatment programs without delay. Stand-Your-Ground Legislation Moves Forward In Iowa - The [Iowa State Senate]( [approved]( gun-rights legislation in a 33-17 vote. The bill includes a provision known as a stand-your-ground provision which allows individuals to use deadly force in hostile situations even when alternative courses of action—such as retreat—are available. A total of [24 states]( throughout the country have similar laws already in place. The bill was previously [approved]( by the [House]( in a 58-39 vote, but, because the Senate made amendments to the bill, the House must approve it again. Iowa is one of 25 [Republican trifectas](. Special Primary Elections In the New Hampshire House - [Two special primary elections]( for vacancies in the [New Hampshire House of Representatives]( took place. The [District Carroll 6]( seat became vacant in December 2016 after [Harold Parker]( (R) resigned in order to serve as a policy advisor in the administration of [Chris Sununu]( (R). One Democrat and two Republicans filed for the seat. [Edith DesMarais]( (D) and [Matthew Plache]( (R) advanced to the special election on May 23. The [District Hillsborough 44]( seat became vacant after the death of [Andre Martel]( (R) in December 2017. Two Democrats and two Republicans filed for the seat. [James Morin]( (D) and [Mark McLean]( (R) advanced to the special election on May 23. Republicans have a 221-173 majority in the chamber. --------------------------------------------------------------- Wednesday, April 5 Delaware Senate Approves Independent Redistricting Commission - The [Delaware Senate]( [voted]( 12-7 in favor of creating a nine-member independent [redistricting]( commission that would be responsible for redrawing the state’s legislative districts every 10 years. The bill would require at least three political parties to be represented on the commission, and members of the public are eligible to become members. A panel of judges would submit nominees to the secretary of state, who would randomly select members from that list. The bill would ban commission members from running for office in the election following redistricting and would prohibit them from lobbying the legislature or Congress for five years. Redistricting in Delaware is currently controlled by the legislature. In [37 of the 50 states]( state legislatures were primarily responsible for the drawing of state legislative districts as of January 2017. Independent commissions drew state legislative district lines in six states. In seven states, politician commissions were responsible for state legislative redistricting. Delaware is one of six Democratic [state government trifectas](. Firearms Legislation Moves Forward In South Carolina - In a 64-46 vote, the [South Carolina House]( [approved]( a bill allowing firearms to be carried without a permit. The bill does not repeal the state’s concealed carry permit and continues to ban gun owners from carrying firearms in schools and airports. A total of [11 states]( currently allow firearms to be carried without permits. The bill now heads to the [Senate](. South Carolina is one of 25 [Republican trifectas](. --------------------------------------------------------------- Thursday, April 6 Maryland House Overrides Gubernatorial Veto of School Performance Bill - The [Maryland Legislature]( [voted]( to override Gov. [Larry Hogan’s]( (R) veto of a bill that sets new standards and procedures for identifying and aiding what are deemed to be struggling schools in the state. The bill lays out a formula for identifying struggling schools. Academic performance accounts for 65 percent of the formula, while other factors such as attendance and teacher quality make up the rest. Hogan had stated that the bill needed to place a greater emphasis on academic performance and restricted the state’s ability to assist struggling schools. The [House]( voted 90-50 in favor of the override. The [Senate]( voted 32-15. Maryland is one of 19 states under [divided government](. Alabama Gov. Robert Bentley Ethics Investigation Sent To Prosecutors - The Alabama State Ethics Commission released a finding of probable cause that Alabama Gov. [Robert Bentley]( (R) violated the state's ethics and campaign finance laws. The commission forwarded the finding to the [Montgomery County]( district attorney, who will determine the course of any future investigation or prosecution. The Ethics Commission opened [an investigation]( in March 2016 into allegations that Bentley misused state funds in order to cover up an affair with [Rebekah Mason]( one of his top advisors. Recordings of Bentley making sexual comments to Mason during two separate phone conversations emerged on March 23, 2016. Bentley maintains nothing illegal took place and has stated he will not step down as governor. Alabama is one of 25 [Republican trifectas](. - See also: [Robert Bentley ethics investigation, 2016]( Replacement Campaign Finance Initiative Filed In South Dakota - Represent South Dakota—the group behind [Measure 22]( approved in 2016—announced a petition drive for an [initiated constitutional amendment]( to restrict campaign finance and lobbying. The initiative would go on the ballot in [2018]( if the group succeeds. Measure 22—the group’s 2016 campaign finance- and lobbying-related [initiated state statute]( [repealed]( by the [state legislature]( in the session following its [approval in November 2016]( voters approved Measure 22 by a margin of 1.63 percent. The South Dakota State Legislature is [allowed]( to [repeal or amend]( citizen initiated state statutes at any time. The state, however, allows both citizen initiated state statutes and citizen initiated constitutional amendments, and the state legislature cannot repeal or amend constitutional amendments without voter approval. Represent South Dakota’s initiative would go before voters in November 2018 if petitioners collect [the 27,741]( valid signatures required to qualify an initiated constitutional amendment for the ballot. Initiated state statutes require half as many signatures as amendments. - South Dakota is one of 12 states with an [initiative process]( that does not have a restriction on when or how legislators can [repeal or amend]( citizen-approved initiative statutes. California Transportation Lockbox Amendment Certified For June 2018 Ballot - Both chambers of the [California State Legislature]( voted to put [a transportation lockbox constitutional amendment]( before voters at the election on [June 5, 2018](. The amendment would require that revenue from fees and taxes on vehicles or their operation be used for transportation-related projects. Both chambers approved the amendment—Assembly Constitutional Amendment 5—with more than the [two-thirds supermajority required]( along party lines, with all Democrats voting yes. One Republican in the [Senate]( voted yes and two were excused; the rest voted no. In the [Assembly]( one Republican voted yes and the rest voted no. This measure is part of a transportation revenue and funding package also passed on April 6. The other component of this legislative package is [Senate Bill 1]( ([SB 1]( which is also known as the [Road Repair and Accountability Act of 2017](. SB 1 was designed to increase certain transportation-related taxes on fees; ACA 5 would apply to revenue from SB 1. - California is one of six Democratic [state government trifectas](. - ACA 5 is the first measure to be certified for the 2018 ballot in California. - A total of [213 measures]( appeared on statewide ballots in California from 1996 to 2016. - The number of measures on even-year statewide ballots ranged from eight to 28, with an average of 18. Florida Senate Approves Elected Secretary Of State Amendment - The [Florida State Senate]( [voted 33-2 in favor]( of a [constitutional amendment]( to make the [secretary of state]( an election position instead of an office appointed by the [governor](. The first secretary of state chosen by voters under the amendment would be elected in 2022. Since the amendment—Senate Joint Resolution 882—was passed in the state [Senate]( by more than the 60 percent supermajority [required]( it now goes to the [Florida State House]( where it also needs 60 percent approval. It would then go on the ballot in [November 2018]( where [60 percent of voters]( would need to approve it for it to pass. - Out of the 50 states, 47 have an office of [secretary of state](. The position, however, is called the the secretary of the commonwealth in [three states](. - The voters directly elect the secretary of state in 35 states. In the other 12, the secretary is appointed by either the governor or the state legislature. - No statewide measures are currently certified for the [2018 ballot in Florida](. - From 1996 to 2016, an average of seven measures appeared on the ballot during even-numbered years in Florida. --------------------------------------------------------------- Special Elections As of this week, [14 state legislative seats]( have been filled through special elections in 2017. Another 32 elections have been scheduled in 17 states to fill vacancies. Due to redistricting, additional [state legislative special elections]( may be held in North Carolina in 2017. The special elections have been called in response to a federal court order that ruled 28 state legislative districts unconstitutional because of racial gerrymandering. The U.S. Supreme Court, however, issued an [order]( on January 10, 2017, halting the 2017 special elections in North Carolina. The change would move elections under new maps to the regularly scheduled 2018 elections. The court is expected to decide whether to take up an appeal of this order. - An average of 89 seats were filled through special elections in each of the past three odd years ([2011]( 94, [2013]( 84, [2015]( 88). - An average of 44 seats were filled through special elections in each of the past four even years ([2010]( 26, [2012]( 45, [2014]( 40, [2016]( 65). Upcoming special elections include: April 11, 2017 - [South Carolina State Senate District 3]( (primary) - [South Carolina House of Representatives District 84]( (primary) April 18, 2017 - [Alabama House of Representatives District 67]( - [Georgia State Senate District 32]( --------------------------------------------------------------- What's On Tap Next Week Tuesday, April 11 South Carolina Special Elections [Special primary elections]( will take place in the South Carolina House and Senate. The [State Senate District 3]( seat became vacant after [Kevin Bryant]( (R) became lieutenant governor. Eight Republicans and zero Democrats filed for the seat. The [House District 84]( seat became vacant after [Chris Corley]( resigned in January, following an indictment for criminal domestic violence and weapons charges. One Democrat, two Republicans, and one Constitution Party candidate filed for the seat. The special election for both seats is scheduled for May 30. Republicans have a 78-43 majority in the House and a 27-18 majority in the Senate. [Map of states in session] [Map of state government trifectas] Local Politics: The Week in Review Elections Update - In 2017, Ballotpedia is covering [municipal elections]( across 54 of America's 100 [largest cities]( by population and several of the [largest counties]( by population, [local judicial elections]( across six states holding elections for general and limited jurisdiction trial courts and one state holding elections for municipal jurisdiction trial courts, [school board elections]( across 463 of the 1,000 largest school districts by student enrollment, all [local recalls]( all [local ballot measures]( in California, and notable local ballot measures across the United States. - So far this year, Ballotpedia has covered 12 city elections, three county elections, and 78 school board elections. Ballotpedia will cover between 100 and 200 local ballot measures in California in 2017. - Local ballot measure elections occurred in California on [January 10]( [February 28]( [March 7]( [March 28]( and [April 4](. On March 7, local voters decided 22 measures; 14 measures were approved, seven were defeated, and one is too close to call with certainty until results are certified. Los Angeles city voters decided four measures, including [Measure S]( a development-related initiative. Measure S was defeated. - The next local ballot measure elections Ballotpedia will cover are on [April 11]( in California, [April 25]( in California, [May 2]( in California, and [May 6]( in Texas. --------------------------------------------------------------- Monday, April 3 Judge overturned state law to change Greensboro election system - Part of a 2015 redistricting law passed by the [North Carolina General Assembly]( was [overturned](