State and Local Government

News & Analysis as of

New Mandatory Paid Sick Leave Law for California (aka: Take Two Aspirin and Call Me in the Morning)

On September 10, 2014, California became the second state in the nation to require private sector employers to provide paid sick leave to their employees. ...more

Florida Regulator Promises Revision of Investment Adviser Rules – New Industry Group Forms

Officials from the Florida Office of Financial Regulation (“OFR”) met with representatives of the securities industry last month to discuss reform of regulations applicable to state-covered investment advisers. ...more

State Controller Rolls Out an Open Data Website on Local Government Finances

New Website Promotes Government Transparency - In a major move to enhance government transparency, State Controller John Chiang rolled out a new open data website last week that lists more than 13 million fields of...more

Discussion: How Should Cities Address Emerging Technologies Such as Uber & Lyft, Airbnb, Drones, e-Cigarettes and More?

New technologies are constantly emerging and creating novel issues, and opportunities, for local governments. These technologies come in many forms and service various markets, often threatening to disrupt the status quo and...more

Editorial: Drowning in Place: Local Government Costs and Liabilities for Flooding Due to Sea-level Rise

Many areas of Florida are experiencing increased tidal flooding due to sea-level rise (SLR). Florida has experienced eight to nine inches of SLR over the past 100 years. The roughly four and one-half inches of rise in the...more

Virginia Supreme Court Opinions Affecting Local Government Law: September 12, 2014

The Virginia Supreme Court issued opinions Friday morning. After last term issuing no opinions significantly affecting Virginia Local Government Law (at least not in this author’s judgment), this term resulted in two both...more

North Carolina Legislative Report

The General Assembly adjourned “sine die” on Wednesday, August 20. During the interim, the MVA Public Affairs Legislative Report on North Carolina will be distributed biweekly to keep you up to date on the latest legislative...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

Sine Die Die Die!

Sine Die, folks! The North Carolina General Assembly has adjourned until a new legislature convenes January 14, 2015 with the members elected this November....more

Alert: Policy Revisions Due to New Laws

This Alert is intended to give a general explanation of 2014 legislative enactments of the Connecticut General Assembly that may impact your board of education policies. For more detailed and individualized assistance with...more

CPUC Review of Comcast-TWC Merger Gives Cities & Schools Opportunity to Improve Broadband Services

The California Public Utilities Commission has decided to focus on the cost and availability of broadband services in its review of the proposed merger between the two largest cable and broadband providers in the state:...more

Pennsylvania Tax Developments - A Reed Smith Quarterly Update: August 2014

This is a brief update on recent Pennsylvania tax developments. FY15 Budget Enacted—Includes Little Tax Reform Earlier this summer, Governor Corbett signed into law the fiscal year July 1, 2014 through June 30, 2015...more

Weekly Update from the NC State House - August 2014: After an unusually lengthy short session that started May 14th, lawmakers...

And The Gavel Drops! - After an unusually lengthy short session that started May 14th, lawmakers finally agreed on Wednesday August 20th to adjourn sine die, and conclude the business of the 2013-14 General Assembly. ...more

Governments May Be Exempt From ERISA, But They Are Not Exempt From Securities Laws

ERISA lawyers know that employee benefit plans offered by state and local governments to their employees are not subject to ERISA, the federal law that generally governs benefit plans of private employers. However, other...more

The Empire State Strikes Back: New York Proposes Rules for Virtual Currency

The New York State Department of Financial Services (the “Department”) recently published its proposed rules and regulations (the “Proposed Rules”) for vendors conducting business involving virtual currency. The Proposed...more

Legislative Update (Not the) End of Session

Jones Street has the unsettling calm of the realization after a just-fought battle that the victory was not worth the bloodshed, and you can’t remember why you’re fighting....more

N.C. Court of Appeals Speaks On Zoning Issues: Consistency Statements, Legislative Records and Attorney Fees

The North Carolina Court of Appeals has spoken twice in recent weeks on zoning issues. Let's review. Zoning Ordinance Amendments and Consistency Statements - First, in Atkinson v. City of Charlotte, COA 13-226...more

The 10 Most (and Least) Corrupt States in America

Corruption of state governments costs American taxpayers billions of dollars each year, according to a new study by researchers at Indiana University and City University of Hong Kong that reports on the risk of corruption and...more

Kennebec County v. Maine Public Employees Retirement System: An Important Ruling for Maine’s Governmental Employers

The Maine Supreme Judicial Court (Law Court) recently handed down an important ruling limiting the administrative authority of the Maine Public Employees Retirement System (MPERS). In Kennebec County v. Maine Public...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 14: Discrimination Laws Apply To State And...

Title VII, as enacted in 1964, had a rather large coverage gap: millions of American workers employed by State and local governments were not covered. Why? The principal reason was State sovereignty, and the notion that...more

FERC Reverses Course on State Laws in Transmission Planning

The Federal Energy Regulatory Commission (the “Commission” or “FERC”) granted partial rehearing in three separate orders last week involving Order No. 1000 compliance filings. Most notably, the Commission reversed course on a...more

FERC Grants Rehearing on State Law Issues in Order No. 1000 Filings

In a trio of orders, FERC softened its approach to considering the effects of state law rights of first refusal in Order No. 1000 regional transmission planning, suggesting a move toward deference to state legal limitations...more

Arizona’s Notice Of Claim Statute – Jumping Through Hoops When Suing State Government Or Its Agencies Or Political Subdivisions

For 20 years, the State of Arizona, its agencies and political subdivisions have held a secret weapon to thwart claims made against them for everything from breach of employment contracts to gross negligence in providing...more

Appellate Court Public Records Act Decision Leaves Questions Unanswered

When the decision in City of San Jose v. Superior Court was announced, many public agency employees and officials were relieved to read that the Court of Appeal agreed with the city: communications on public officials’...more

Marijuana Dispensaries Should Be Put On Main Street

Medical marijuana is now legal in Connecticut, though still not legal under federal law. Control over the industry is in the hands of the Department of Consumer Protection (DCP), which has chosen four companies to operate...more

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