Pharmacy measure in ND Supreme Court's hands Sep 2, 2010
At issue is a state law that requires most pharmacies to have a pharmacist as their majority owner. Those who want it repealed say the change will allow large retailers such as Wal-Mart Stores Inc. and Walgreen Co. to sell cheaper prescription drugs from their own store pharmacies. (KGW Northwest NewsChannel 8, OR -- Business)
Councilraises clerks salaries Sep 2, 2010
But Eldridge had already hired a court clerk, Lynn Archambeau, at a salary of $22,500, the maximum amount allowed under state law. So when payday came, City Attorney T. Buie couldn t tell City Clerk Liz Ferguson what amount to pay the new clerk, resulting in the special meeting. (DeWitt Era-Enterprise, AR)
Immigration debate rages, but number of illegals drops Sep 2, 2010
Arizona has passed a law allowing local and state law enforcement officials to detain individuals for immigration violations. Similar legislation has been proposed in Florida and other states. (The Palm Beach Post)
Legal group seeks to compel Calif to defend Prop 8 Sep 2, 2010
"Governor Reagan never refused or declined to defend a state law or state constitutional provision, regardless of his own opposition or dislike for a challenged provision," he wrote. "As attorney general, I never refused or declined to defend a law on the basis that I disagreed with the law as a matter of policy.". (San Francisco Chronicle -- Sports)
More work is needed by the state to fix area issues exposed by flash floods Sep 2, 2010
Now, we are told that state law or policy was approved that shifts the burden of maintenance on areas such as U.S. Highway 80 to the municipality where the issue rests within city limits. On state and federal highways, it is MDOT s responsibility for maintenance, at least in cooperation with municipalities. (Forest Scott County Times, MS)
DMV able to process driver's licenses again Sep 2, 2010
DMV officials initially believed that people whose licenses expired during the outage would be required by state law to prove their legal presence, which means bringing extra documents to DMV. That's state law for any expired license. Yesterday, however, Stokes said DMV has the authority to extend the validity periods on those licenses, and will do so for a period of 20 days. (Fredericksburg.com, VA)
Violations show lack of attention to public access Sep 2, 2010
At least two government bodies in Central Illinois have to do a better job of fulfilling their responsibilities to the public, complying with state law and conducting business in the open. Within the past month, the Pontiac Elementary District 429 school board and the LeRoy City Council were each told by the public access counselor in the attorney generals office that they violated the Illinois Open Meetings Act. (The Pantagraph newspaper)
Foreclosures soar in Mass. in July Sep 1, 2010
Kevin M. Cuff, outgoing executive director of the Massachusetts Mortgage Bankers Association, said many mortgage servicers are finalizing foreclosures of delinquent loans either to clear their books or get ahead of a new state law that extends the time homeowners have to save their homes to 150 days from 90 days. He said many loan modifications have not been successful because homeowners are out of work and can t even afford to make reduced monthly payments. (Boston Globe)
NY Governor Signs Domestic Worker Rights Bill Sep 1, 2010
The bill's sponsors said it subjects employers to state law for complaints of unwelcome sexual advances and also applies New York's minimum-wage provisions. The federal minimum wage of $7. (ABC News -- Wire)
Application for Recall Petition Against Wilbanks Rejected Sep 1, 2010
Rawls also quoted state law that requires the petition to contain a statement on the grounds for recall "on the face of each application issued.". Rawls wrote, "No such statement was placed by me on the application, as none was submitted at the time the application was requested. Brashear on Tuesday said he would review the letter, meet with his committee and discuss their options. Wilbanks said some supporters of the petition "drug his name through the mud with no grounds. (13WMAZ.com, GA)
Judge rejects challenge to Kauai Republican's candidacy for a House seat Sep 1, 2010
State law gives political parties three days to find replacements when one of the party candidates withdraws ... State law gives political parties three days to find replacements when one of the party candidates withdraws. (Honolulu Star-Bulletin)
Police Department releases hunting regulations Sep 1, 2010
Frisco police officers are confident that voluntary compliance can be achieved through education of the state law and identification of those areas within the city that may be affected by the new boundaries. For information on this law, visit the Frisco Police Departments website at and click on the Hunting in Frisco link. (McKinney Courier-Gazette, TX)
Acting city manager will move to Trenton Sep 1, 2010
Sign in to NJ.com Username. Don't have an account. (NJ.com -- Times)
Homeowner, HOA spar over man's flag Sep 1, 2010
Tempe attorney Javier Delgado, representing the Avalon Village Community Association, sent a letter to the media, saying the flag isn't among those exempted by state law from being regulated by community associations. He said Tuesday that it was too early to say how the dispute would be settled. (AZCentral -- News)
Board of Adjustment remains on hold Sep 1, 2010
City attorney Bill Walston Jr. said, It was, and continues to be my opinion under state law the council has the right to create a ZBA.. Councilwoman Adelaide Marlatt asked, The council doesn t have any say over their (ZBA) decision. (Rockport Pilot, TX)
State cites fundraising firm over hirings Sep 1, 2010
Outreach Associates was the subject of a March expose in the Pittsburgh Post-Gazette that documented how the Wharton Street company employed at least 26 workers since 2006 whose criminal records should have barred them under state law from working as professional solicitors. In the aftermath of the report, the company conducted background checks on its roughly 150 employees and fired 18 with criminal records because their employment violated state law. (Pittsburgh Post-Gazette, PA)
Former captain appointed to ferry board Sep 1, 2010
The MTAB was recently established in state law as an official advisory board, after having previously served at the whim of individual governors. The board recommends to the governor a strategic plan for the ferry system involving the mission, core values, initiatives and performance goals of the Alaska Marine Highway System. (Juneau Empire)
More NYPA profits stay in Buffalo Niagara Sep 1, 2010
The state law was sponsored by Assemblyman Dennis Gabryszak, D-Cheektowaga, and was considered a top economic development priority by the. This is a huge victory, said Andrew Rudnick, Buffalo Niagara Partnership president and chief executive officer. (Buffalo Business First, NY)
New Law To Benefit Drivers Of Hybrid Cars Sep 1, 2010
-- A new state law will extend access to the carpool lane for hybrid cars and could help the economy. Drivers of hybrid cars who have had access to the carpool lane for the past six years will be able to drive in the lane for an additional six months. (TheSanDiegoChannel.com, CA)
Citizens group to join legal fight over North Hampton noise law Sep 1, 2010
"The petition filed by Seacoast Harley-Davidson last month asks the court to issue an injunction to prevent the enforcement of the ordinance passed by town voters. The court document indicates the dealership's feelings that this ordinance is not good for the public or for its business.The document makes the argument that controlling motorcycle noise in New Hampshire lies within the purview of the Legislature. Just last session lawmakers rejected proposed legislation that, like the North Hampton... (Seacoast New Hampshire)
Administrator: Judicial retention system 'under attack' Sep 1, 2010
But, he said, that might be the outcome that's at stake in this year's retention vote as opponents of what they view as judicial activism mount an unprecedented effort to oust three Iowa Supreme Court justices in Nov. 2 balloting who were part of a controversial 7-0 decision that struck down a state law defining marriage as only between one man and one woman ... Chuck Hurley, a former state lawmaker who leads the Iowa Family Policy Center, said a backlash against judicial activism has been... (Mason City Globe-Gazette, IO)
Texas DMV relocates to new office Sep 1, 2010
We will answer all your questions, help you understand state law, and assist you to complete your task. The new office also will house investigators from the state agency s enforcement and motor carrier divisions. (San Antonio Business Journal, TX)
State smoking ban now in effect in Wichita Sep 1, 2010
The state law says that in cases where a city or county ordinance is more stringent, it should supersede the statewide ban ... At the earlier hearing, the plaintiffs attorney, Harry Najim, said the state law is not a ban at all because it has several exemptions, whereas the city s ordinance places the same requirements on all businesses ... Under the state law, all would be smoke-free. (Wichita Business Journal, KS)
Matt Reed: Wuesthoff suitor plied docs with gifts, trips, lawsuit says Aug 31, 2010
But what do state law and Brevard Public Schools policy say about the pledge and school prayer. Breakdown. (Florida Today)
N.H. might fight any threat to first-in-nation primary Aug 31, 2010
All New Hampshire Democratic and Republican candidates should pledge to support our state law protecting our traditional primary. It has preserved our status, and we shouldn't allow anyone to deal away, negotiate down, or compromise on our New Hampshire first-in-the-nation presidential primary. (Seacoast New Hampshire)
How to Vet a Builder Aug 31, 2010
Hire a good real estate attorney who has experience with new-construction contracts, knows state law, and is familiar with the issues unique to the area in which the property will be built. Talk to other customers. (Realtor Magazine Online)
Hearings start on Pa. resort casino license Aug 31, 2010
Penn National also charged that the Holiday Inn didn't have enough "amenities," such as a golf course, to qualify as a resort, and thus doesn't comply with state law. It also has only 239 rooms and would need to count RV drivers to meet minimum requirements. (Pittsburgh Post-Gazette, PA)
Glitch continues for DMV server Aug 31, 2010
That means those people will have to bring extra documents to the DMV to prove their legal presence, a state law that DMV is powerless to waive. State law requires proof of U.S. citizenship or legal immigration status for new licenses or to renew a license that has expired. (Fredericksburg.com, VA)
Few speakers register for hearing on hospital (4) Aug 31, 2010
State law requires the BRHS Board of Commissioners to conduct two public hearings when seeking proposals to transfer health-care operations. And if its commissioners receive proposals to lease or purchase BRHS, a second public hearing will be held no sooner than 30 days after Tuesdays public hearing, Shadle said. (Washington Daily News, NC)
Federal law could delay November election tally Aug 31, 2010
State law requires that ballots must be received by the close of polls ... State law requires that ballots must be received by the close of polls. (Honolulu Star-Bulletin)
CNN reporter's guide to Orlando Aug 31, 2010
One station has filed suit against the city saying it meets state law by displaying prices on the gas pump. What is a good local souvenir. (CNN -- Travel)
Wrap-up from Barnes-Deal-Monds debate Aug 31, 2010
On tort reform, Deal decried a state Supreme Court ruling in March that struck down limits on jury awards in medical malpractice cases created by a landmark 2005 state law. The former congressman said the state should amend its constitution to re-create the limits. (Atlanta Journal-Constitution -- Opinion)
County's judges and bar association members against senate bill that would eliminate one Circuit Court judge Aug 31, 2010
Ron Jelinek to remove from consideration in the Michigan Senate an amendment to state law which would have reduced the county's Circuit Court from two judges to one. At Tuesday's regular meeting of the Van Buren County Board of Commissioners, attorney Nancy Bogren, spokesperson for the County Bar Association, presented opposition to Senate Bill 1452, introduced earlier this month by Sen. (Paw Paw Courier Leader, MI)
Bike fit 101 Aug 31, 2010
State law dictates how high those handlebars can go ... Helmets are required by state law for cyclists under the age of 18. (Big Bear Grizzly, CA)
DMV still dogged by computer glitch Aug 31, 2010
State law now requires proof of legal presence for new licenses or to renew a license that has expired. Acceptable documents include a birth certificate, passport, or other documents that show your full legal name and date of birth (a list can be found here: ). (Fredericksburg.com, VA)
County asked to support Whirlpool tax breaks Aug 31, 2010
The second tax reduction being sought, a commercial rehabilitation tax abatement, creates under state law a district at the site of the proposed office building in Benton Harbor. The tax burden would then be cut roughly in half for up to 15 years. (The Herald-Palladium)
Editorial: Police shouldn't be overconfident behind wheel Aug 31, 2010
There are good reasons that police officers are exempt from a state law banning the sending or receiving of text messages while behind the wheel, and, in Athens-Clarke County, for their exemption from a new county policy requiring county employees to pull over before using their cell phones. As outlined in a Sunday story in this newspaper on the state law, which became effective July 1, and the county policy, which goes into effect Wednesday, police officers now operate in a vehicular... (Athens Banner-Herald)
Patrick’s foes fuel debate over greenhouse gas compact Aug 31, 2010
Those funds, under state law, are then applied to energy efficiency programs. Patrick signed Massachusetts on to the compact in one of his first acts as governor in 2007, reversing a decision by the previous governor, Republican Mitt Romney, who argued that the plan would burden businesses and increase energy costs for consumers. (Boston Globe)
Firm fights campaign laws Aug 31, 2010
The suit also seeks similar injunctions against the state law requiring corporations to register as political action committees before making donations, the political advertising reporting requirements, the political advertising attribution and disclaimer provisions and the $1,000 donation limit to political action committees ... State lawmakers passed the ban on political donations by state and county contractors in 2005 to discourage what is known as "pay to play," where contractors make... (Honolulu Star-Bulletin)
Cambridge Hospital group, nurses to resume talks Aug 31, 2010
On Friday, the state Employment Relations Board found the health care provider violated state law by unilaterally changing the retiree health insurance benefits of bargaining unit members and ordered it to restore the benefit and return to contract negotiations. The ruling could also complicate a potential sale or partnership, which the hospital group has been considering, Bailey said. (Boston Globe)
Curriculum director addresses plan to get kids reading by grade 3 Aug 31, 2010
A new state law says Hoosier students must read at grade level by third grade or risk being held back a year. "I will be meeting with elementary principals next week to begin the process of determining tasks and creating a Reading Leadership Team," Chalfant said. (Winchester News-Gazette, IN)
Investors in Port Authority fund in court Aug 31, 2010
The St. Paul Pioneer Press says a tax hike is prohibited by state law. Copyright. (Wahpeton Daily News, ND)
Police Department releases hunting regulations Aug 30, 2010
Frisco police officers are confident that voluntary compliance can be achieved through education of the state law and identification of those areas within the city that may be affected by the new boundaries. For information on this law, visit the Frisco Police Departments website at and click on the Hunting in Frisco link. (McKinney Courier-Gazette, TX)
Racial profiling, cries Indian filmmaker held in US Aug 30, 2010
According to US authorities, his checked-in baggage from New Delhi revealed a pair of brass knuckles, prohibited by Texas state law, though not banned under US federal law. However, Kumar was at pains to clarify that he posed no terror threat to the US. "While at Houston airport there was a last-minute change in my flight's departure terminal due to which I had to run a long way inside the airport. That's why I was sweating and furiously searching for my travel documents. The Transportation... (India Times)
Wallace is focus of AG inquiry Aug 30, 2010
Duross is cited for a number of violations, including exceeding the contribution limit, making personal use of campaign funds, and using a campaign debit card to obtain cash, which is specifically prohibited under state law. Wallace s campaign finance records show cash reimbursements to Duross in 2009 totaling $13,675. (Boston Globe)
Erie City Council: pay raises unlikely for mayor, council Aug 30, 2010
By state law, elected officials cannot receive raises midterm; any raise approved now would not take effect until the next term of office. The four-year terms of three City Council members expire in January 2012. (Erie Times-News, PA)
Police exempt as laws target distracted drivers Aug 29, 2010
"We're saying to all drivers that are part of the Athens-Clarke County government that if you drive our vehicles or receive a vehicle allowance, you are even more restricted than what the state law restricts," Reddish said ... But police officers are exempt from the county policy, as well as the state law, and can continue to communicate on cell phones and through the laptop computers in every patrol car. (Athens Banner-Herald)
BRANDY CREEK DE-ANNEXATION AND I-95 TOLLING: City officials discuss issues with state leaders Aug 29, 2010
In order to get tolling established, there has to be a change in state law. We re going to ask for your help in stopping a tolling agenda. (Roanoke Rapids Daily Herald, NC)
Ariz. HOA groups cutting services, raising fees Aug 29, 2010
Under state law, each association has the ability to enforce its own rules, known as "covenants, codes and restrictions," which generally require homeowners to keep their property's exterior clean and uniformly decorated and their property free of excessive noise and vehicle traffic. The HOA covenants set regular monthly dues and grant HOAs the ability to raise money for extraordinary expenses through one-time fees known as special assessments. (AZCentral -- News)
Town grants approval for pad site on Hilliard property Aug 29, 2010
The filing requests that the court review the municipal ordinances and related oil and gas permitting policies to see if they are being applied in accordance with state law. There was also a temporary restraining order request filed, and ultimately denied Aug. 18. (McKinney Courier-Gazette, TX)
Ariz. Governor Brewer Condemns Report to UN Aug 29, 2010
In a letter Friday to Secretary of State Hillary Clinton, Brewer says it is "downright offensive" that a state law would be included in the report. Arizona's law requires police enforcing other laws to investigate the immigration status of people they suspect are illegal immigrants. (Newsmax)
Change Would Allow Thousands of Illegals to Stay Aug 29, 2010
The Obama administration last month successfully sued to block key parts of a tough state law in Arizona requiring state and local police during the course of an arrest to investigate the immigration status of people they suspected were in the state illegally. The measure, which sought to curb illegal immigration and smuggling-related crime in the state bordering Mexico, was backed by a solid majority of voters both in Arizona and across the United States. (Newsmax)
Teacher ready to move beyond suit Aug 29, 2010
" Payne's case is one of several lawsuits filed over the past two years by teachers who feel they were unfairly dismissed because of the contents of their Facebook profiles. While some cases involve teachers' comments about particular classes or students, or are the result of sexually provocative photos, Payne's page included photos of her drinking while on a trip to Europe and a reference to "Bitch BINGO," a game that was popular in bars and restaurants in Atlanta. Payne resigned Aug. 27, 2009,... (Athens Banner-Herald)
To: Ground Zero Mosque Aug 28, 2010
Chris wrote on Aug 22, 2010 8:36 AM:" Also, "As Far" the Muslims who want to build their mosque in Manhattan ARE law abiding citizens. They have followed every local and state law and are building it on private property. And by the way, they live here and this is their country too, they ARE the American people you speak of. Obviously the Constitution means nothing to you, when it should mean EVERYTHING. The Constitution is what makes this country GREAT and it's why millions of soldiers have died... (New Iberia, LA)
Board of Education: 15 candidates vie for school board on primary ballot Aug 28, 2010
Former state lawmaker Brian Yamane said what is missing from the DOE is accountability ... By state law she was deemed automatically elected and will not appear on the ballot ... Former state lawmaker Brian Yamane said what is missing from the DOE is accountability. (Honolulu Star-Bulletin)
Cherny's suggestion of more audits irritates local officials Aug 28, 2010
State law already requires annual audits of local-government budgets, said Ken Strobeck, the league's executive director. "They're available to the public," Strobeck said, noting that cities increasingly put their audits online. (AZCentral -- News)
Tension builds over Filene’s site project Aug 28, 2010
The developers, who halted work on the $750 million project due to funding problems in summer 2008, also contended in the letter that a recently passed state law gives the BRA the ability and the applied intent to extend the developers approvals so they can generate financing. But Palmieri said the law, meant to encourage development of stalled projects, does not supersede city regulations that require a further review if a development does not proceed within three years. (Boston Globe)
Natrona County school district employee insurance paperwork due Tuesday Aug 28, 2010
Natrona County is the first school district to opt into the state plan following a change in state law this year. The state group includes about 2,800 employees at the University of Wyoming and about 1,800 from the state's seven community colleges. (Casper Star-Tribune, WY)
"Narco" Message Discovered On Package In Anthony, TX Aug 28, 2010
Miranda said the FBI and a number of state law enforcement agencies have been called in to investigate. Copyright 2010 by. (KFOXTV.com, TX)
Dudley: Take back Oak Harbors $1 million Aug 28, 2010
Stanley, a retired longtime business and development consultant and a former executive director of the Island County Economic Development Council, claimed the board not only has the authority to rescind the money but implied that state law may obligate them to do so. The funds are meant for economic development and this project will do anything but, he said. (Enumclaw Courier Herald, WA)
Lessons from a low-impact week Aug 28, 2010
Last year, the U.S. Fish and Wildlife Service turned over wolf management to Montana and Idaho wildlife officials but left federal endangered species protections in place for wolves in Wyoming, where state law is considered hostile to the animals' survival. "Even if the Service's solution is pragmatic, or even practical, it is at its heart a political solution that does not comply with the ESA," Molloy wrote in his ruling. (Salon)
Bike fit 101 Aug 28, 2010
State law dictates how high those handlebars can go ... Helmets are required by state law for cyclists under the age of 18. (Big Bear Grizzly, CA)
Cal State Stanislaus releases Palin contract Aug 28, 2010
Leland Yee, D-San Francisco, who has been trying to change a state law that shields campus foundations from public scrutiny, claimed the college administration and foundation board were virtually the same and were therefore illegally hiding important information from the public. He said Thursday the entire college administration should be fired for hiding the information. (San Francisco Chronicle -- Sports)
Ga. tax reform hearings get under way Aug 28, 2010
But other speakers defended some of the dozens of existing sales tax exemptions in state law. Bryan Tolar of the said tax breaks for farmers, including a sales tax exemption on purchases of farm equipment, helps keep Georgia s No.-1 industry creating jobs in economically distressed rural communities. (Atlanta Business Chronicle, GA)
Insurance Suit Ends With $14 Million Settlement Aug 28, 2010
The case began in November 2004, with a suit filed in Georgia's Fulton County State Court claiming that rate hikes on polices issued by Fortis to small businesses and individuals had violated state law and insurance regulations governing the factors insurers may take into account when calculating increases on small group policyholders. According the suit, Fortis and its co-defendants -- Fortis Insurance, Assurant Inc., Rogers Benefit Group and Phoenix Associates, and two individual insurance... (Law.com)
