Government

CSG Midwest
Decades ago, after a session of Iowa’s part-time Legislature dragged into July, the state’s lawmakers agreed they needed to find a way to prevent that from ever happening again. Their bipartisan solution at the time: Create a series of deadlines for when bills had to advance or die.
CSG Midwest
Most Midwestern legislatures provide sign-language interpreter services and/or closed captioning in order for the deaf and hearing-impaired to follow and take part in legislative activities such as committee hearings, floor debates and State of the State addresses.
To comply with state law and/or the federal American with Disabilities Act — Title II of which forbids discrimination by any public entity — many legislatures also provide these services for meetings between individual legislators and constituents, provided these services are requested in advance.

Nebraska state Sen. Beau McCoy serves as the 2016 national chair of The Council of State Governments. Among the 16 percent of Nebraska’s legislators who are millennials, McCoy believes strong leaders should not be limited or defined by their age. He said leaders of all ages must come together to identify and achieve solutions to the challenges facing states—taxes, federal regulation, education and workforce development. McCoy, a 2011 Henry Toll Fellow, said he is inspired by so many public servants representing the three branches of government, with whom he has worked and forged lasting friendships over the years.

The Kentucky Supreme Court ruled on October 20th that cities do not have the authority to raise the minimum wage standard.

It is of course too soon to know (but never too soon to speculate)!

While still a candidate, President-elect Trump released two lists of potential Supreme Court nominees to fill the current vacancy on the Court. While he has indicated that these lists are definitive, only time will tell whether he will in fact stick to them when making a nomination. Both lists were well-received by conservatives.

President Trump should have little trouble getting a conservative nominee through the majority-Republican Senate. If Senate Democrats filibuster Trump’s nominee, Senate Republicans are likely to exercise the “nuclear option,” meaning only a simple majority of Senators will be needed to confirm the nominee.    

Every time a federal agency thinks the scope of a preemption clause in federal law is too narrow may it just write a regulation expanding it? That is the heart of the matter in Coventry Health Care of Missouri v. Nevils.

The question of most interest to state and local governments in this case, more technically, is whether Chevron deference applies to an agency’s regulation construing the scope of a statute’s express-preemption provision.

There are now more Americans age 65 and older than ever before. About 1 in 7 people (15 percent) in the U.S. is now considered to be an “older American” or someone over the age of 65. Compare that to just 4.1 percent of the population in 1900 or 10 percent in 1970—and that figure will continue to increase in the decades to come. 

The question in Kindred Nursing Centers v. Clark is whether the Federal Arbitration Act preempts Kentucky’s rule that an “attorney-in-fact” may bind a principal to an arbitration agreement only if the power-of attorney document expressly refers to arbitration agreements.

A number of parents executed power-of-attorney documents designating one of their children “attorney-in-fact.” While some of these documents gave the children broad rights to act on their parent’s behalf (“to do and perform for me in my name all that I might if present”), none explicitly gave their children the authority to agree to arbitration (rather than a jury trial) to resolve disputes regarding their parent’s legal rights.

In Texas, state law requires most people under age 25 to attend a state-licensed private driver education school to obtain a driver’s license. None of the schools accommodate deaf students. So a number of deaf students sued the Texas Education Agency (TEA) arguing it was required to bring the driver education schools into compliance with the Americans with Disabilities Act (ADA).    

In Ivy v. Morath the Supreme Court was supposed to decide when state and local governments are responsible for ensuring that a private actor complies with the ADA. The Court dismissed the case concluding it was moot most likely because Texas claimed that four of the students suing completed the driver education course and one moved out of state.

Join the National Association of State Chief Information Officers (NASCIO) for a webinar on Thursday, November 10 at 3pm ET as they discuss their newest study on cybersecurity in the states. Participants will hear research results and implications for state governments as well as have an opportunity to ask questions. This is a complimentary webinar and no registration is needed.  

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