Public Funds

News & Analysis as of

Highway Trust Fund Update: DOT Clarifies Need for Congressional Action

I watched with interest when the Department of Transportation updated its Highway Trust Fund ticker and announced that the HTF funds would last until summer 2016 rather than run out in December, as had been anticipated. Sen....more

State Agencies Cannot Use State Budgetary Uncertainties to Escape Mitigation Obligations under CEQA

The California Supreme court determined the California State University ("CSU") could not rely solely on earmarked appropriations from the State Legislature for payment of "fair share" mitigation fees the CSU determined...more

Volcker Agencies Provide Guidance Regarding Treatment of Registered Funds and Foreign Public Funds During Their Seeding Period

As the general July 21, 2015 deadline approached to conform with the implementing regulations (Final Rules) for the Volcker Rule, a key issue remained with respect to the sponsoring, organizing and seeding of investment...more

Political Law Roundup – July 13, 2015

This is the first post in a new series on the blog, providing a quick recap of recent political-law news and developments. - What role will non-profits have on the 2016 presidential election? According to a report in the...more

Volcker Rule: New FAQs Regarding Foreign Public Funds and Joint Venture Covered Fund Exclusions

Additional guidance issued five weeks before the July 21, 2015 conformance date. On June 12, the five federal agencies jointly responsible for implementing the Volcker Rule (the Agencies) released two new “Frequently...more


This week, RLUIPA Defense continues its effort to aggregate important new stories reflecting the intersection of religion, land use and local government. Indiana’s First Church of Cannabis in Indianapolis – Indiana’s...more

Arizona Attorney General Opinion Embraces Taxpayer-Funded (Political) Advocacy: Potential Pitfalls for Businesses and Nonprofits

The Office of the Arizona Attorney General recently sparked debate by issuing an opinion advising two county attorneys that they may use public resources to disseminate messages about the dangers of marijuana use ahead of the...more

New Jersey’s Investment Pay-to-Play Law Remains Unchanged in the Wake of Governor Christie’s Conditional Veto

On Monday, Governor Chris Christie conditionally vetoed Senate Bill No. 2430, which sought to expand New Jersey’s pay-to-play laws governing State investments. The current law requires external investment managers of State...more

Declaratory Ruling Permits School Districts to Use Electronic Signs to Post Time, Date and Location of Referendum

The Connecticut State Elections Enforcement Commission [“SEEC”] has issued its first ruling interpreting the 2013 amendment to Connecticut General Statutes Section 9-369b, the state law that prohibits the use of public funds...more

To Campaign or Not to Campaign: A Refresher

As November elections and some major ballot measures loom, and as 2016 general election candidates start copping to “thinking about a run,” now seems a good time to revisit the impartiality required of public agencies and...more

Public Officials and Agencies: To Campaign or Not to Campaign?

California law allows public agencies to expend public money and resources to educate voters on matters included on an upcoming election ballot. State law does not permit using public money or resources to advocate on behalf...more

Changes to California Prevailing Wage Law: Implications for Solar Projects

Recent changes to California’s prevailing wage laws highlight the importance of complying with them. Prevailing wage laws are aimed at ensuring that a contractor’s ability to win a public works contract is not based on paying...more

SB 692 Expands Public Services that May be Financed by a Community Facilities District, Among Other Changes

January 1 Changes to Mello-Roos Community Facilities Act and Marks-Roos Local Bond Pooling Act - Senate Bill 692, effective January 1, 2014, makes several changes to the Mello-Roos Community Facilities Act and the...more

Free network feed-in for public channels in Germany

The German district court in Bremen held on the 9th of August 2013 that Kabel Deutschland (plaintiff), the biggest cable network company in Germany, is legally obliged to carry public channels, including that of Radio Bremen,...more

It's All About Timing: PPP Payments

During the afterglow of the closings for the Chicago Skyway and Indiana Toll Road projects, transportation officials across the country viewed public-private partnerships (PPPs) as a panacea for the challenges caused by...more

New York Proposes Enhanced Anti-Corruption Law

On April 9, New York Governor Andrew Cuomo announced legislation to broaden the scope of public corruption crimes and enhance enforcement. The law would add and increase penalties for individuals found to have misused public...more

Judge Puts Off Decision On Whether Receiver’s CalPERS Benefits Are Unconstitional

Did CalPERS Make A Gift Of Public Funds? On January 23, 2008, the federal court appointed J. Clark Kelso as a receiver for California’s prison health care system. In 2011, a taxpayer filed a petition for write of...more

FHWA Issues Interim Guidance on P3 Assessments for Major Projects

The Federal Highway Administration (FHWA) recently issued guidance for implementing various aspects of the Moving Ahead for Progress in the 21st Century Act (MAP-21), including: Infrastructure; Environment, Planning and...more

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