State and Local Government

News & Analysis as of

Nuisance Claim Against Architect Dismissed

“Use the right tool for the job” is also a good bit of advice in litigation, as underscored by a recent decision out of the Connecticut Appellate Court. The case is Fisk v. Redding, AC 37537 (April 19, 2016)....more

Worth Another Look: Primary Election Post-Mortem

Yesterday was Primary Election Day in the Keystone State, and while the presidential races got the most attention by far, there were still some noteworthy state and local races. Get Out of Jail Free: - The...more

The Basics: Municipal Election Laws

Nationwide, states are seeing an uptick in voter participation. California’s election officials are now preparing for a turnout surge as the state’s June 7 presidential primary nears. Over the last three months, more...more

SC Public Policy Update - April 2016 #4

What's New - SENATE - Debate in the Senate on ethics stalled once again this week, as committee work on the State’s budget took top priority. During limited floor debate, the Senate gave second reading to S. 139 by...more

New Mexico To Regulate Money Transmission

The number of states that do not regulate money transmitters grows ever smaller as New Mexico recently enacted the New Mexico Uniform Money Services Act. Prior to the enactment, New Mexico only regulated issuers and sellers...more

Virginia 2016 General Assembly Update for Water Utilities

The 2016 General Assembly regular session ended March 11, a day earlier than its scheduled end date of March 12. Although it ended early, it was a busy session. The legislators considered 3,286 bills and resolutions, and...more

State And Local Governments Increase The Minimum Wage And Pass Paid Family Leave Laws

State and local governments have recently passed a flurry of minimum wage increases and paid family leave laws. Most of the attention has been on increases in the minimum wage to $15.00 (in New York by 2019, and in...more

North Carolina’s HB 2: The Final Analysis

This will be my last “analysis” post on the wrongful discharge provisions of North Carolina’s HB 2. (I know you are heartbroken!)- I’ll continue to post on breaking HB 2-related news as it develops. Several...more

For Virginia Land Use, Local Governments Have To Follow The Rules

Starting July 1, 2016 Virginia local governments must, in reviewing a residential rezoning or concept plan amendment, determine whether a requested land use exaction addresses an impact that is “specifically attributable” to...more

House Bill 2: What It Does and Does Not Do (A Private Sector Business Perspective)

H.B. 2 does not preclude private sector businesses or employers from adopting policies that prohibit discrimination on the basis of sexual orientation or gender identity nor regulate their decisions with regard to employee or...more

News from Second and State

It was a busy week in Harrisburg this week, and for a change, the singular focus of the General Assembly was not the state budget. The biggest thing to happen this week—and maybe so far this year—was the final passage of S.B....more

Expanding Horizons: Drone Regulations from a Prosecutorial Perspective

BB&K attorney Jordan Ferguson writes about the criminal side of drones for the California District Attorneys Association’s Prosecutor’s Brief. Over the next few years, the skies are likely to get much more crowded....more

New York City Enacts Accessibility Standards for Government Websites

NYC recently passed a law requiring that its government agency websites meet accessibility standards. Other state and local governments may follow NYC’s lead and enact accessibility standards for government agencies,...more

FCC Proposed Rule Will Change Business Data Services (Also Known as Special Access) Marketplace

Public and Private Agencies' Rates Could Be Impacted - The FCC is expected to issue a Further Notice of Proposed Rulemaking on April 28 that will rewrite the rules that protect local governments, public agencies and...more

U.S. Supreme Court Holds States and Localities May Continue to Draw Voting Districts Based on Total Population

Total population, however, may not be the only standard upon which voting areas can be based - This week, the U.S. Supreme Court issued an important decision in Evenwel v. Abbott clarifying that state and local...more

FAA Clarifies Federal, State, and Local Regulation of UAS

The FAA has released a fact sheet regarding state and local regulation of unmanned aircraft systems (“UAS”). The FAA advises that state and local restrictions should be consistent with the extensive federal statutory and...more

California Gets Serious About Pilot Program to Replace State Gas Tax

For years, policymakers and economists around the country have been well aware that the federal gas tax is dying. In its report to Congress, the National Surface Transportation Infrastructure Financing Commission, on...more

Bathroom Bills: What Employers Need To Know

Seyfarth Synopsis: The passage of “Bathroom” or “Religious Freedom” bills raises issues for employers operating in impacted states. Employers in these states may wish to consider taking proactive and affirmative steps in the...more

Beyond the Bathroom: North Carolina’s H.B. 2 Also Flushes Local Employee Protections

The recent enactment of North Carolina’s H.B. 2, known as the “Public Facilities Privacy & Security Act” (the “Act”) has received widespread attention for its controversial restrictions on the use of certain...more

Minnesota Weekly Legislative Update

The second of three Minnesota legislative committee deadlines arrives tonight at midnight. By this second deadline, committees must act favorably upon a bill that met the first deadline in the other house, or the bill does...more

Bathrooms, Cakes, Wedding Poetry and DJs—Delving Into the North Carolina and Mississippi Laws on Transgender Issues

In the last several weeks, North Carolina and Mississippi have passed laws about transgender rights that have garnered headlines across the country. Although both touch on issues of transgender rights, they are actually very...more

North Carolina Legislative Report

Lawmakers will return to Raleigh for the short session April 25, 2016. The MVA Public Affairs Legislative Report on North Carolina will be distributed on a bi-weekly basis during the interim to keep you up to date on the...more

Information Security and Privacy Group News: Cities and Towns Being Targeted by Hackers: Connecticut Municipalities Must Follow...

In the world of data breaches, John Chambers, CEO at Cisco, explained it best: "There are only two kinds of companies. Those that were hacked and those that don’t yet know they were hacked." With the ever increasing rate of...more

Manatt on Medicaid: Monthly Expansion Recap

Alaska - Judge Dismisses Medicaid Expansion Challenge - A Superior Court judge dismissed the Legislature's lawsuit against Governor Bill Walker's (I) Medicaid expansion, which was implemented via executive order...more

Pennsylvania Adopts Legislation to Expand Investment Options for Local Governments

New legislation in Pennsylvania expands the permissible financial products in which municipalities, school districts and municipal authorities may invest. Recently approved Pennsylvania legislation (Act No. 10 of 2016, the...more

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