Government

Since 2010 states and local governments have been waiting for the Department of Justice (DOJ) to issue regulations requiring them to increase website, equipment and furniture, and 9-1-1 accessibility for persons with disabilities. The wait is over; the regulations are no longer in the works (for now).

Title II of the Americans with Disabilities Act (ADA) prohibits states and local governments from discriminating on the basis of disability in “all services, programs, and activities provided to the public.”

In 2010 DOJ issued three Advance Notices of Proposed Rulemaking indicating its desire to issue regulations regarding accessibility of state and local government websites and non-fixed equipment and furniture and use of Next Generation 9-1-1. While DOJ has been silent on the latter two issues since 2010, in 2016 it issued a supplemental advance notice regarding website accessibility

As of December 26, 2016, DOJ has withdrawn all four Advance Notices of Proposed Rulemaking while it evaluates whether promulgating regulations is “necessary and appropriate.” 

What if a state legislature engages in intentional partisan gerrymandering but it doesn’t work or might not work in the future? Has it violated the First Amendment?

In Benisek v. Lamone in 2011 the Maryland legislature needed to move about 10,000 voters out of the Sixth Congressional District to comply with “one-person one-vote.” It moved about 360,000 Marylanders out of the district and about 350,000 Marylanders in the district. As a result only 34 percent of voters were registered Republican versus 47 percent before redistricting.

Following the redistricting Democrat John Delaney defeated the incumbent Republican by almost 21 percent. But two years later in 2014 Delaney almost lost his seat even though his challenger didn’t live in the district and raised less money. Two years after that Republican Larry Hogan won the Sixth District beating his rival by 14 percent.

The CSG 2017 Toll Fellows class, comprises 42 of the nation’s top officials representing all three branches of state government, was honored for its dedication to leadership and service during the CSG National Conference on Saturday, Dec. 16.

In Nevada, 1 in 5 people struggles with hunger. Members of The Council of State Governments gathered at the CSG 2017 National Conference Dec. 16 in Las Vegas to help address this need as part of the CSG Campaign Against Hunger initiative.
“The Campaign Against Hunger service project allows state leaders to come together as colleagues to work toward a common goal and give back to the communities in which we hold our meetings,” said David Adkins, CSG CEO/executive director.

The Council of State Governments’ 2018 national leaders were announced Saturday, Dec. 16, during the CSG 2017 National Conference in Las Vegas after confirmation by the CSG Executive Committee.

More than half of states have now legalized marijuana use—recreational or medicinal. That’s a massive shift in policy from just a decade ago. With this shift comes a slew of legislative, regulatory and fiscal questions for state policymakers to tackle. This day-long policy forum will provide an overview of the current legal landscape and best practices for taxation, regulation and licensing. The forum will discuss emerging trends and provide attendees direct exposure to Nevada’s marijuana legalization experience.

The Council of State Governments will host its 2017 National Conference from December 14th-16th in Las Vegas, Nevada. The meeting will offer engaging policy sessions geared toward state officials in all three branches of government. To access copies of speaker presentations, please visit the individual session pages below.

State-action immunity provides states and, in some instances, local governments immunity from federal antitrust liability. In Salt River Project Agricultural Improvement and Power District v. SolarCity the Supreme Court will decide whether a lower court’s refusal to rule state-action immunity applies to a particular entity may be appealed immediately or only after the case is fully litigated.

The House of Representatives is set to vote today on H.R. 3017, the “Brownfields Enhancement, Economic Redevelopment, and Reauthorization Act of 2017.” The legislation, sponsored by Rep. David McKinley (R-W.Va.), reauthorizes the EPA’s brownfields program which expired in 2006.

A brownfield is “a property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant,...

The Fifth Amendment says no person shall be “compelled in any criminal case to be a witness against himself.” In Hays, Kansas v. Vogt the Supreme Court has agreed to decide whether the Fifth Amendment is violated when a public employee’s compelled, self-incriminating statements are used against him or her at a probable cause hearing rather than at a trial.

The State and Local Legal Center (SLLC) filed an amicus brief supporting the City of Hays arguing that the City should not be liable for the use of such statements because it has no control over how a prosecutor uses them. 

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