News & Analysis as of

Public Funds

Might the UBIT Bite a Bit? You Bet.

by Nossaman LLP on

The recent tax reform bill (Tax Cuts and Jobs Act, H.R. 1), which the House Ways and Means Committee introduced November 2, would subject public pension plans to unrelated business income tax (“UBIT”) on their pre-packaged...more

Lawsuit Challenges Adoption Agencies That Refuse to Work with Same-Sex Couples

by Varnum LLP on

2015 was an eventful year for gay rights in Michigan. Most notably, litigation concerning Michigan's ban of same-sex marriage reached the United States Supreme Court, in Obergefell v. Hodges. In a June 26, 2015 decision, a...more

Supreme Court Ruling Could Contradict Pa. Law

by Barley Snyder on

A recent U.S. Supreme Court decision could mean states now will have to allow public funds to be funneled to religious institutions. In Trinity Lutheran Church of Columbia, Inc. v. Comer, the Court held that Missouri...more

Ruling Leaves Local Public Agencies Open to Legal Actions Asserting Wasteful Government Spending by Non Property Owners

by Best Best & Krieger LLP on

Cherrity Weatherford, who was a resident of the City of San Rafael in Marin County, rented (but did not own) property in the City. Although Weatherford’s vehicle was not impounded, she nonetheless took issue with the City’s...more

Only “Open Access” students attending Catholic separate secondary schools in Ontario may opt-out of religion classes: confusion...

by Dentons on

The recent media attention over the Ontario Human Rights Commission settlement involving a student who alleged discrimination when she sought an exemption from religion classes has caused confusion as to whether all...more

Non-Property Owners in Cities and Counties May Now Sue for Wasteful Government Spending - California Supreme Court Decision Widens...

by Best Best & Krieger LLP on

Residents need not pay property taxes in their city or county to have standing to sue the entity for wasteful or illegal expenditures, the California Supreme Court said recently in an opinion that overturned lower court...more

AB2833: New California Law Opens Lid on Private Fund Fees

by Reed Smith on

On September 14, 2016, California Governor Jerry Brown signed Assembly Bill No. 2833. The new law obligates every California public investment fund to require alternative investment vehicles (“AIVs”) to make annual...more

Campaign Season Poses Challenges for Local Governments

by Butler Snow LLP on

It is that time of year again… “Election Season.” In addition to candidates on the ballot on a state and national level, many local governments are gearing up to place questions on the ballot with respect to debt issuances...more

California Supreme Court Clarifies Who is Liable for Prosecution for Misuse of Public Funds

by Best Best & Krieger LLP on

California Supreme Court Clarifies Who is Liable for Prosecution for Misuse of Public Funds - A public official need not be in charge of public funds to be convicted of misappropriating them, the California Supreme Court...more

Court of Appeal upholds application of the private investor principle in State aid

by Allen & Overy LLP on

In a decision of particular relevance to parties involved in projects which receive public funding, the Court of Appeal has considered for the first time the application of the private investor principle in a State aid...more

California Sues Mendota Bioenergy LLC Over $1.7 Million In Misspent Public Money

by Bergeson & Campbell, P.C. on

On April 8, 2016, the California State Energy Resources Conservation and Development Commission (Commission) sued Mendota Bioenergy LLC, claiming it improperly spent public money targeted for equipment purchases....more

The Basics: Municipal Election Laws

by Best Best & Krieger LLP on

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

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

Public Policy Alert: Freedom of Information Act Ruling

by Nexsen Pruet, PLLC on

A recent ruling regarding South Carolina’s Freedom of Information Act is one to note. It came on February 22 in DomainsNewMedia.com vs. Hilton Head Island-Bluffton Chamber of Commerce....more

Under the Dome: Inside the Maine State House

by Pierce Atwood LLP on

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Debate Begins Over Spending or Saving Projected Surplus - This week, the Maine Revenue...more

New Law Limits Ability of Local Governments and School Districts to Communicate Regarding Ballot Questions

by Miller Canfield on

On January 6, 2016, Governor Rick Snyder signed into law Public Act 269 of 2015 (“Act 269”), which amends the Michigan Campaign Finance Act, Act 388, Public Acts of Michigan, 1976, as amended (“Act 388”). Among other...more

DOE Seeks Comment on Proposed New Copyright Policy for Grantees

by Locke Lord LLP on

On November 3, 2015, the U.S. Department of Education published a Notice of Proposed Rulemaking (NPRM), which – if adopted – would require grantees of the Department’s “competitive discretionary grant programs” to provide an...more

Highway Trust Fund Update: DOT Clarifies Need for Congressional Action

by Best Best & Krieger LLP on

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

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

by Dechert LLP on

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

by Genova Burns LLC on

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

by Morgan Lewis on

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

RLUIPA Round-Up

by Robinson & Cole LLP on

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

by Snell & Wilmer on

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

by Genova Burns LLC on

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

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