State government news, state legislative updates, state constitutional news, individual freedoms, individual rights, federalism

Last year, we saw state bills covering everything from banning the use of cell phones while driving, to banning sushi and undercooked food. Internet taxation, privacy concerns and other e-commerce issues should be hot agenda items at the state level this year. Check back periodically as we update the status of state legislation that could affect your individual freedom.

Issues to Watch

A Legal System Going to the Dogs

“Who Let the Dogs Out” may be an entirely different tune if animal rights advocates get their way in Colorado.  In fact, dogcatchers, veterinarians, pet groomers, pet sitters and even those chic new pet salons could find themselves facing increased liability for letting the dogs out should harm then come to Lassie, Benji, Spike or Fluffy...[more]

States Vote to Streamline Collection of Internet Sales Taxes

A coalition of lawmakers and tax collectors from more than 30 states gathered together in Chicago on November 12 to approve the final draft of an interstate agreement to “simplify” their tax laws and make it easier for budget-strapped legislators to collect sales and use taxes on Internet purchases...[more]

Voters Not High On Easing Drug Laws

The American electorate drew the line on softening our nation’s drug laws after voters in three states overwhelmingly rejected ballot measures designed to either legalize or ease penalties for personal possession or use of certain drugs, including marijuana.  The votes came just a week after the battle for medical marijuana scored an important victory in the courts…[more]

We, the [Pregnant Pigs] Of the State of Florida…

"FOUR LEGS GOOD, TWO LEGS BAD"

Remember George Orwell’s Animal Farm? Snowball (the pig) inscribed the above maxim on the side of the barn to teach the farm’s inhabitants the "essential principle of Animalism." While most of us understand that Orwell’s classic allegorical novel was meant to educate us about the evils of totalitarianism, the animal rights movement has adopted Snowball’s motto as its own…[more]

South Dakota: A State of Men, And Not Of Laws?

The proposed addition to South Dakota's Constitution, known as Amendment A, states that criminal defendants have the right "to argue the merits, validity, and applicability of the law, including the sentencing laws." Thus, if approved, the amendment will enable a defendant and his lawyers to openly argue that jurors should ignore the law and vote to acquit for any variety of reasons, even if the facts show beyond a reasonable doubt that the defendant committed the crime. By allowing such an argument, the amendment would institutionalize the power of jury nullification in South Dakota's Constitution.

Unfortunately, institutionalizing the power of jury nullification will only permit juries to dispense inconsistent justice on a more frequent basis...[more]

Want to Cut Taxes? Don’t Look to the Media for Help

President Bush recently signed into law an increase in the Federal government’s credit limit from $5.95 trillion to $6.4 trillion dollars, a nearly eight percent increase. Forget about the relative merit, or lack thereof, of each of the Federal programs accounting for the increased demand of taxpayer money, focus instead on the fact that our Federal government can unilaterally raise its own credit limit. Imagine having the power to raise your own credit limit; that’s a scary thought for most of us...[more]

Shakedown in Tennessee

The budget battle in Tennessee is over, at least for now. For the fourth consecutive year, anti-tax advocates were successful in defeating the imposition of a state income tax, and the legislature fulfilled its constitutional obligation to pass a balanced budget — despite the state’s $800 million deficit...[more]

It’s Déjà Vu All Over Again...and Again...and Again... This Time, Anti-Tax Proponents Call Out the ‘DOGS’

For the umpteenth time in the past four years, Tennesseans rallied at the state capitol in Nashville last week to oppose a state income tax. And, for the umpteenth time, chants of "NO NEW TAXES" from thousands of angry taxpayers, and incessant horn-honking from citizens circling the capitol in their automobiles, won the day...[more]

The Check’s (Not) in the Mail

If you’re one of those Americans who knowingly overpay their taxes each year, expecting a hefty refund in return, it may be time to revisit your W-4 withholding form...[more]

States Clamoring to Tax E-Commerce (Again!)

As state budgets dwindle, due in part to the nation’s lingering economic slump, Governors around the country are once again chomping at the bit to fill state coffers with tax money collected from e-commerce. However, they argue it’s a difficult task; one they hope Congress might make a little easier -- and more popular -- for them...[more]

Challenges to State Campaign Finance Laws Heat Up

With lawsuits over federal campaign finance legislation brewing, suits involving state campaign laws are boiling over, with two recent decisions being handed down, one involving a Massachusetts law and the other a Mississippi statute...[more]

Virginia Senate Votes Against First Amendment; Unanimously Approves "Stand by Your Ad"

On Tuesday, the Virginia Senate chose to ignore the First Amendment concerns of those purchasing political ads in the state by unanimously voting to approve H.B. 558, "Stand by Your Ad."...[more]

"Stand by Your Ad" . . . Back From the Dead

The Virginia Legislature has revived a bill that represents an all-out assault on the First Amendment. The bill (H.B. 558), known as "Stand by Your Ad," calls for strict disclosure requirements for political advertisements, in all forms, including requiring candidates to put their pictures on campaign television commercials along with mandated statements claiming responsibility for the ads. Radio advertisements would require statements voiced by candidates. Officers for organizations running ads advocating the election or defeat of specific candidates would be required to make the statement of responsibility...[more]

RELEASE: CIF URGES VIRGINIA LEGISLATURE TO DEFEAT "STAND BY YOUR AD"; PROTECT FREE SPEECH RIGHTS OF VIRGINIANS

In an effort to defend the First Amendment rights of those who purchase political advertisements in Virginia, the Center for Individual Freedom (CIF) today sent a letter to the entire Virginia Senate, Governor Mark Warner and Attorney General Jerry Kilgore urging opposition to House Bill 558, "Stand by Your Ad." ...[more]

Massachusetts Campaign Finance Reform Melee

Massachusetts’s highest court is now refereeing a campaign reform fight with constitutional implications that has angry voter groups in one corner and a stubborn legislature in the other...[more]

Governor Huckabee Says "Put Up or Shut Up!"

Imagine for a moment that you are in a financial bind. Your spending habits have suddenly exceeded your income and you are struggling to meet your monthly financial obligations. Maybe you recently lost your job or didn’t get that holiday bonus you were counting on. Would you think it a good idea to tighten your belt for a little while until things got better? The answer for most people is "yes."...[more]

Governor Gray Davis Signs California Internet Tax Freedom Act
Extends Current Moratorium for Two Years

On September 25, Governor Gray Davis extended the state moratorium on new and discriminatory taxes on the Internet by signing into law SB 394, the California Internet Tax Freedom Act (ITFA). The current moratorium was set to expire in December...[more]

Citizens Defeat Tennessee Income Tax Measure
(Again!)

In a remarkable display of GOVERNMENT BY THE PEOPLE, thousands of angry Tennesseans stormed the state capitol to defeat a budget proposal that would have established a state income tax...[more]

Under the guise of highway safety, state legislatures across the country are moving to ban or limit cell phone use in automobiles...[more]

Hands Free Phones, Distracted Minds and Knee-jerk Legislation

Now that New York has banned the use of hand-held cell phones while driving and 37 more states and the U.S. Congress are considering such restrictions, lo and behold, a new study finds that hands-free phones are no safer. That’s right, New Yorkers, you’ve been had by your legislature, but what else is new? [more]

Update:

Rhode Island Governor Vetoes Cell Phone Ban

Only a few weeks after New York outlawed hand-held cell phones while driving, Rhode Island Governor Lincoln Almond vetoed a similar bill that would have made Rhode Island the second state in the nation to adopt the prohibition... [more]

New York to Become First State to Ban Use of Hand-Held Cell Phones While Driving

Governor George Pataki recently agreed to a new law making New York the first state in the nation to ban the use of hand-held cell phones while driving... [more]

Miami-Dade County Ordinance Prohibits Hand-Held Cell Phones While Driving

On September 25, the Miami-Dade County Commission passed an ordinance that bans motorists’ use of hand-held cell phones while driving. The ordinance, which will take effect in October 2002, passed with a 6-5 vote...[more]

Orwellian Toll Roads, the Future of Transportation Funding?

The universities of Minnesota and Iowa are studying the feasibility of using satellites and global positioning systems to track drivers in order to tax them for the miles they travel...[more]

Virginia House Bill 2568 - "Stand By Your Ad"

On February 16, the Virginia Senate Privileges and Elections Committee killed H.B. 2568 on a 10 Ï 3 vote. The bill had unanimously passed the Virginia House...[more]

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