State and Local Government

News & Analysis as of

Public-Private Partnerships and Pay-to-Play in New Jersey: “P3s and P2P in the Garden State”

Public-Private Partnerships (commonly known as “P3s”) are very popular across the country, including the recently announced renovations at LaGuardia Airport as one example. P3s are also gaining significant attention here in...more

Devo Deals - Sheffield, North East and Tees Valley Signed - Northern Powerhouse Series

We are beginning to see Devo Deals take shape - all subject to the outcome of the Autumn Spending Review, and the progress of the Cities and Local Government Devolution Bill (CLGD) through Parliament. Sheffield City Region's...more

Marijuana Regulations Growing Like Weeds in California

Although California legalized medical marijuana in 1996, cities have differed widely in their response to medical marijuana dispensaries. Recently, Newport Beach joined Huntington Beach, Laguna Hills, Anaheim and Rancho Santa...more

More Senior Staff Changes at the Texas Department of Insurance

After 24 years of service with the Texas Department of Insurance (TDI), General Counsel Sara Wait will be retiring in December 2015. Wait has had a distinguished career at TDI after starting as a law clerk in TDI’s...more

News from Second and State

We have a little bit of a budget update this week: a general appropriations bill, S.B. 1073 (Browne, R-Lehigh), is on the move. It was voted favorably from the Senate Appropriations committee and is set on the Senate calendar...more

California Appellate Court Addresses Release of City Attorney’s Private E-mails

An appellate court ordered a trial court judge to reconsider his order that e-mails to and from the San Diego city attorney’s personal account be released publicly. The League of California Cities argued that e-mails between...more

News from Second and State

This was a busy week in the Commonwealth’s capitol city, and we’ve got news on a number of fronts. First, at long last, reports this week indicate that there is some movement to shake loose a 2015-2016 state spending plan....more

North Carolina General Assembly Week in Review: Spotlight on Veterans and Military

On Tuesday Governor Pat McCrory celebrated the ribbon cutting and dedication of the historic downtown Raleigh Seaboard building, which will house the newly created Department of Military and Veterans Affairs. Approximately...more

New Governmental Accounting Standards Board (“GASB”) Rules Require Governments to Disclose Tax Abatement Agreements in Financial...

State and local governmental entities (“Governments”) nationwide will soon face new financial statement disclosure requirements regarding existing tax incentive agreements. While the GASB encourages Governments to begin...more

Land Use Matters: Alston & Bird LLP, October 2015

At its October 27, 2015, meeting, the Board of Supervisors voted unanimously to create a new dedicated Affordable Housing Program budget unit and approved setting aside $100 million for the creation and operation of both...more

News from Second and State

Starting with “A”: the much anticipated decision from the Supreme Court in the case of Arneson v. Wolf was delivered this week, with the court finding that Gov. Wolf did not have the authority to remove Erik Arneson from his...more

Lake County, Florida Impact Fees to Increase

Beginning January 11, 2016, Lake County educational impact fees will increase to $9,324.00 for single family units, $8,045.00 for multi-family units and $5,856.00 for mobile homes located within mobile homes parks....more

New IRS Regulations for Mixed-Use Projects Financed With Tax-Exempt Bonds Have Practical Importance

On October 27, 2015 the U.S. Treasury Department and Internal Revenue Service published final regulations concerning the treatment of “mixed-use” projects financed with tax-exempt bonds. These new regulations have significant...more

Privacy & Cybersecurity Update - September 2015

Adviser to European Court of Justice Says US-EU Safe Harbor Should Be Declared Invalid - An advisory opinion issued by the advocate general to the European Court of Justice states that the U.S.-EU Safe Harbor should be...more

North Carolina Legislative Report

The General Assembly convened for the 2015 legislative session on January 14. Lawmakers returned to Raleigh on January 28 to begin the session in earnest. The MVA Public Affairs Legislative Report on North Carolina will be...more

GASB Issues Final Rule on Financial Reporting of Tax Abatements

On August 15, 2015, the Government Accounting Standards Board (GASB) issued Statement No. 77 (the “Tax Abatement Standard”) concerning financial reporting of tax abatements and other economic development incentives that...more

Should Companies Adjust Their Incentive Strategies in Light of New Governmental Accounting Disclosure Requirements?

Earlier this month, the Governmental Accounting Standards Board (GASB) approved Statement No. 77, Tax Abatement Disclosures, which requires state and local governments to report on foregone revenue from tax abatement...more

State and local governments continue to see a reduction in credits available for Direct Pay Bonds

As a result of federal sequestration, state and local governments who have issued certain direct pay bonds have seen a reduction in tax subsidy payments since March 1, 2013. Sequestration is a result of Congress’ failure to...more

Montana: OTCs Subject to Retroactive Sales Tax Assessments

Recently, the Montana Supreme Court ruled 5-to-2 that online travel companies (OTCs) were subject to sales tax under the existing sales tax statute. Furthermore, their liability is retroactive to November of 2010. However,...more

FCC Regulation of Internet Video: Implications for Local Government and Community Media

As the Federal Cable Communications Commission gets ready to adopt a new rule on how to modernize the definition of a multichannel video programming distributor to include companies that provide video via the public Internet,...more

Assembly Bill 266 provides long-awaited medical marijuana regulatory framework in California

In 1996, California voters passed Proposition 215 and California became the first state to legalize medical marijuana. Now, 20 years later, AB 266 looks like the state’s best chance at regulating the cultivation and...more

Georgia Passes New Social P3 Legislation

Georgia Governor Nathan Deal signed into law new public-private partnership (P3) legislation, the Partnership for Public Facilities and Infrastructure Act (SB 59) (the Act) on May 5, 2015. The Act allows state and local...more

Looks Like Frack is Back, Governor Abbott Signs House Bill 40

Yesterday, Governor Gregg Abbott signed into law House Bill 40, also known as the Denton Fracking Bill, which leaves municipalities with minimal power to regulate the oil and gas industry. The bill takes effect immediately...more

Where Are We Now? The NIST Cybersecurity Framework One Year Later

The National Institute of Standards and Technology (NIST) released its Cybersecurity Framework (Framework) almost 15 months ago and charged critical infrastructure companies within the United States to improve their...more

New Restrictions on Arizona State Agency Rulemaking

The Arizona Legislature this year passed House Bill 2297, adding new A.R.S. section 41-1038. Effective July 3, 2015, Arizona state agencies will be prohibited from adopting new rules unless the rules comply with the...more

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