State and Local Government

News & Analysis as of

PHFA Announces RFP for PHARE/RTT to Address Housing and Community Development Needs

The Pennsylvania Housing Finance Agency (PHFA) announced a Request for Proposals (RFP) inviting applicants to participate in the Pennsylvania Housing Affordability and Rehabilitation Enhancement/Realty Transfer Tax Fund...more

News from Second and State

Weekly Wrap: - One week down, one to go. This was the second to last week scheduled for legislative action in 2016, and both chambers were in Harrisburg for three days of voting session. There was plenty of activity on...more

Reading the Fine Print: Changes in Legal Framework for the Assessment and Display of Service Charges

Service charges, administrative charges, surcharges, house fees—whatever you call those charges assessed for food and beverage service in restaurants and in hotels—the rules about how they need to be disclosed to guests and...more

U.S. Supreme Court Declines to Hear Challenge to New Hampshire’s “Auto Dealer’s Bill of Rights”

The protracted challenge to New Hampshire Senate Bill 126, which amended New Hampshire’s Motor Vehicle Franchise Act to include farm, industrial, construction, forestry, and yard and garden equipment, has finally come to an...more

State Run IRA Programs Can Actually Be An Opportunity for Plan Providers

A few states including California are going into the retirement business. While ordinarily competition in the shape of a state government is cause for concern, I believe that it’s an actual opportunity for both third party...more

News from Second and State

Weekly Wrap: - All’s been quiet on the capitol front since our last writing; neither chamber was in Harrisburg for voting session over the last two weeks. That’s not to say we’re without a few tidbits of...more

Trademark satire is no joke to the City of Atlanta

Check out this City of Atlanta Facebook page. The funny thing is that it’s not run by the City of Atlanta. Although the posts are titled “City of Atlanta” and use the City’s official seal, the page consists of satirical...more

New York's New Cybersecurity Rules: What Is Required?

The new cybersecurity rules proposed by the New York State Department of Financial Services require financial services institutions to have extensive cybersecurity protections in place; including cybersecurity programs,...more

Top Ten Things to Know About Nevada's Question 2

The Basics: Question 2 is an indirect initiated state statute (the “Act”). Question 2 legalizes the possession, purchase, transportation and consumption of one ounce or less of marijuana (and one-eighth of an ounce or less of...more

Virginia Supreme Court Opinion Affecting Local Government Law: September 22, 2016

The Virginia Supreme Court issued one additional opinion in September affecting local government law, on September 22, 2016. This opinion addressed the priority to be given a local government special assessment lien over a...more

Proposed New Local Rules for the Southern District of New York

The United States Bankruptcy Court for the Southern District of New York recently announced proposed amendments to its local rules. The proposed amendments will not take effect until December 1, 2016, but we could not wait...more

Colorado Board of Equalization Approves TIF Property Tax Changes

On Oct. 5, 2016, the Colorado Board of Equalization (BOE) approved changes proposed by the Property Tax Administrator that could affect tax increment throughout the state. The Property Tax Administrator’s proposed changes...more

California’s Fall Legislation Report: A Rundown of the Most Significant New Employment Laws

The California legislature and governor showed no signs of slowing down this year and enacted a long list of new employment laws. Below is a list of the most significant laws affecting private sector employers....more

New Challenge to Daily Fantasy Sports in New York

A group of New York citizens backed by the anti-gambling group Stop Predatory Gambling has filed a lawsuit against New York Governor Andrew Cuomo challenging the constitutionality of the bill that legalized daily fantasy...more

SB 1266’s New Filing Requirements Apply Only to JPAs Providing Municipal Services

Failure to file will preclude JPAs from issuing bonds or incurring indebtedness - Gov. Jerry Brown recently signed into law Senate Bill 1266, which will require joint powers agencies and joint powers authorities that...more

Alabama Ethics Commission Update

The Alabama Ethics Commission (the “Commission”) held a regularly scheduled meeting on October 5, 2016. At the meeting, the Commission formally extended the comment period for two significant advisory opinions affecting...more

2016 California Labor and Employment Legislation Update: It’s Final!

Seyfarth Synopsis: Employers in California: be aware and prepare for new laws increasing minimum wages and mandating overtime pay for agricultural employees; expanding the California Fair Pay Act to race and ethnicity and to...more

Local Campaign Finance Reform: Can Local Agencies Wean the Baby From “Mother’s Milk?” (Part 1)

It is an issue that has been with us since the earliest days of politics: The wealthy tend to have disproportionate influence over our political leaders in contrast to the poor and middle class. In the immortal words of the...more

The Saga of Pennsylvania's Act 13 Comes to an End

With a bang, rather than a whimper, the saga of Pennsylvania’s Act 13 appears to have finally come to an end. On September 28, 2016, nearly three years after giving teeth to the long-dormant environmental rights amendment to...more

News from Second and State

Weekly Wrap: - For the first time since the passage of the 2016-2017 general appropriations bill, both the Pennsylvania House and Senate were in session this week. With the session winding down and the general election...more

New Delaware Unclaimed Property Decision Further Complicates Landscape

Another federal judge slams Delaware’s unclaimed property audit methodology but rejects the holder’s reliance on the priority rules as a defense to the audit demands. See Marathon Petroleum Corp. et al. v. Cook et al., No....more

News from Second and State

Yesterday was the first day of fall, and it seems the summer is truly behind us. The House of Representatives reconvened this week for the final stretch of the 2015-2016 legislative session. This week most of the action...more

NHTSA Releases Highly Anticipated Federal Automated Vehicles Policy

60-Day Comment Period Provides Important Chance to Have Local Voices Heard - With the goal of creating a path for the safe testing and deployment of autonomous vehicles on public roads nationwide, the U.S. Department of...more

Legislature to Litigants: “Can’t Touch This!” – Virginia Supreme Court Recognizes Legislative Privilege

The Virginia Supreme Court, interpreting the Virginia Constitution’s speech and debate clauses, has recognized a legislative privilege from responding to a document subpoena substantially similar to that of the better-known...more

Employers Should Not Retreat on Compliance Planning Despite Two-Pronged Attack on OT Rule

Two lawsuits related to the Department of Labor’s revisions to the white-collar exemptions have been filed in East Texas. The first lawsuit, citing (among other things) the severe impact the impending salary increase...more

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