The Supreme Court held 5-4 in Artis v. District of Columbia that “tolled” under 28 U.S.C 1367(d) means suspended or that the clock is stopped. The State and Local Legal Center (SLLC) filed an amicus brief arguing in favor of a different definition of “tolled.” Justice Ginsburg cited to the SLLC brief once in her majority opinion. Justice Gorsuch cited to it or discussed it four times in his dissenting opinion.   

A year after the fact, Stephanie Artis sued the District of Columbia in federal district court bringing a number of federal and state law claims related to her termination as a health inspector. It took the federal court over two and a half years to rule on her claims. It dismissed her sole federal claim and declined to exercise jurisdiction over her remaining state law claims.

28 U.S.C 1367(d) states that statutes of limitations for state law claims pending in federal court shall be “tolled” for a period of 30 days after they are dismissed (unless state law provides a longer tolling period).

Innovation Classroom sessions provide the opportunity to demonstrate new and cutting edge technologies impacting public policy in the states. CSG does not endorse the technologies shared as part of this experience.

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As of December 26, 2016, DOJ has withdrawn all four Advance Notices of Proposed Rulemaking while it evaluates whether promulgating regulations is “necessary and appropriate.”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

CSG Midwest
In late October, an open letter detailing “#MeToo” stories in Illinois government became part of the larger national story about sexual misconduct, discrimination and harassment. “Ask any woman who has lobbied the halls of the Capitol, staffed Council Chambers, or slogged through brutal hours on the campaign trail,” the letter begins. “Misogyny is alive and well in this industry.”
It then recounts specific stories of unwanted sexual advances, crude jokes, and inappropriate texts and comments. “Illinois deserves responsible stewards of power. Let’s demand better,” concludes the letter, signed by more than 300 legislators, lobbyists, staffers and policymakers.
It didn’t take long for the General Assembly to respond.
Because of the timing of the letter, the national #MeToo movement and a fall veto session, Illinois became one of the first states to pass legislation in the wake of the heightened awareness about sexual discrimination and harassment.

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.

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