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Bipartisan Lawsuit Says Florida Must Take Rail Money

TALLAHASSEE, Fla. - (AP) Two state senators, one a Democrat and the other a Republican, asked the Florida Supreme Court on Tuesday to order Gov. Rick Scott to accept $2.4 billion in federal stimulus funds for a high speed rail project. Sens. Thad Altman, a Viera Republican, and Arthenia Joyner, a Tampa...

Eric J. Emerson Joins Tressler LLP, Positions New Trucking & Transportation Practice Group

CHICAGO - Tressler LLP has announced that Eric J. Emerson has joined the firm as a partner and will chair the firm's new Trucking & Transportation Practice Group. As a former general counsel and CEO of a national bulk commodity carrier, he leads a team that understands the business realities...

International Aviation and Space Law Toolbox

The Limit of the Final Frontier....? Sputnik Welcome to the LexisNexis International Aviation and Space Law Toolbox, the collection of our content that provides laws and legal analysis pertinent to the resolution of issues pertaining to the aviation industry and/or arising in or concerning outer...

Avoiding Potential Legal Pitfalls Associated With On-Board Video Cameras

By James J. Franklin The transportation industry is always searching for new technology and best practices that can eliminate or reduce risky driving behavior, improve the overall efficiency and effectiveness of fleets, and avoid frivolous and time-consuming lawsuits. Current on-board video camera...

bicycle and tricycle

Bicycling Law – Past and Future

By Meredith James In “ The Rebirth of Bicycling Law “, Professor Christopher Waters provides a fascinating review of the history of bicycling law, dating back to the time when it was called “the law of the wheelman”, as well as a look forward to the future of the “cycling...

Virginia: Even After Modifying Vehicle for Wheelchair, Employer Still Responsible for Transportation to Med Appointments

A Virginia appellate court held that an employer was required to provide transportation to medical appointments for a permanently impaired employee who was wheelchair dependent in spite of the fact that it had earlier paid to modify the employee’s vehicle to accommodate his condition. Citing Larson’s...

Indiana Ag Leadership Program Wrap Up

The previous five posts chronicled my journey with the Indiana Agricultural Leadership program to The Netherlands, Belgium, and Liberia. From an agricultural standpoint, the contrast between northern Europe and West Africa could not be more extreme. Northern Europe has highly developed agricultural systems;...

PHMSA Publishes Final Rule Adopting Certain Hazardous Materials Special Permits and Approvals Into Regulations

The Pipeline and Hazardous Materials Safety Administration (PHMSA) has amended the Hazard Materials Regulations (HMR) to adopt provisions from certain “widely used or longstanding” special permits and competent authority approvals with “established safety records.” 79 Fed. Reg...

State Net Capitol Journal Spotlight: Issues Old And New Catch Fire In States

By Korey Clark Last week, we took a mid-year look at several of the issues we predicted last December would see a lot of action in statehouses this year. Here are a few more of those issues, as well as a couple of others that have heated up as the year has progressed. DIGITAL REVOLUTION/SHARING ECONOMY...

State Net Capitol Journal – November 10, 2014; North Carolina Department of Transportation Looking For Ways To Boost Earnings

NC DOT LOOKING FOR WAYS TO BOOST EARNINGS: North Carolina's Department of Transportation wants to start operating more like a business. It's already planning to sell advertising and naming rights for DOT ferry boats and highway-helper trucks to help defray its operating costs. And the state's...

State Net Capitol Journal – December 15, 2014; Inventory Tax Costing Louisiana Millions

Budget & Taxes INVENTORY TAX COSTING LA MILLIONS: Every year Louisiana businesses pay hundreds of millions of dollars in inventory taxes to parish governments. The state then issues them a full refund. The state's inventory tax refund program, approved by the Legislature more than two decades...

The “Uberization” of Jobs: Employee or Independent Contractor?

To not apply the possibly antiquated rules set forth in Borello to the new “share” economy could mean that thousands of new workers in California go without necessary protections The Uber business model could be a sea change in how many of us work and how we think about our jobs—think...

State Net Capitol Journal – April 13, 2015; Lottery Success Spurs Backlash

Budget & Taxes Lottery Success Spurs Backlash State lottery sales topped $70 billion last year in the 43 states that have them, according to the American Association of State and Provincial Lotteries. That sum represents more than 10 percent of the states’ total revenues for the year...

State Net Capitol Journal – May 4, 2015; Transportation Funding Crisis Breeds Self-Reliance In States

Budget & Taxes Transportation Funding Crisis Breeds Self-Reliance In States The transportation funding crisis in the states is continuing to worsen. At least six states -- Arkansas, Delaware, Georgia, Montana, Tennessee, and Wyoming -- have delayed roughly $2 billion in construction projects...

State Net Capitol Journal – May 11, 2015; Budget Surplus In California

Budget & Taxes Budget Surplus Surge In CA With the state’s economy continuing to improve, California lawmakers were expecting a budget surplus this year of about $2 billion. But last week Assembly Speaker Toni Atkins (D) announced that the projected surplus had surged by as much as $8...

State Net Capitol Journal – May 18, 2015; Pension Reforms Struck Down In States

Budget & Taxes Pension Reforms Struck Down In States Twice in two weeks courts have rejected state pension reform laws. On April 30, Oregon’s Supreme Court ruled that the reductions the state made to cost-of-living adjustments in 2013 were unconstitutional. And last week Illinois’...

State Net Capitol Journal – June 1, 2015; Gas Tax Hike Coming to California?

Budget & Taxes Gas Tax Hike Coming to CA? Raising prices at the gas pump is a risky proposition in California, where cars have always been king. In fact the state is one of only a few in the nation that haven’t raised gas taxes since the early ‘90s. But that could change this year...

Texas: Remote Worker’s Injury Traveling From Motel to Work Site Not Barred by Going and Coming Rule

A divided Supreme Court of Texas affirmed a determination that an employee was acting in the course and scope of his employment when he died in an automobile accident while traveling to a job site located some 40 miles from a motel where he as staying. Noting that the going and coming rule applied in...

State Net Capitol Journal – July 13, 2015; Another Tall Transportation Order For California

Budget & Taxes Another Tall Transportation Order For CA When it comes to the issue of transportation, California Gov. Jerry Brown’s (D) main focus - beginning with his first pass through the governor’s office a generation ago - has been the often-tough sell of a bullet train connecting...

State Net Capitol Journal – July 20, 2015; Kansas Keeping Some Tax Credits Secret

Budget & Taxes KS Keeping Some Tax Credits Secret According to Kansas’ Department of Revenue, in 2013 the state granted $622 million in income and privilege tax credits, allowing taxpayers to deduct various qualifying expenses from their taxes. But the state actually spent more than that...

State Net Capitol Journal – August 3, 2015; Congress Settles On Highway Funding Extension

Budget & Taxes Congress Settles On Highway Funding Extension After battling over rival transportation funding bills for a week, with U.S. House Republicans favoring a five-month extension they passed last month and Senate Republicans preferring a longer-term plan, the House passed a three-month...

State Net Capitol Journal – August 10, 2015; States Embrace Earned Income Tax Credit

Budget & Taxes States Embrace Earned Income Tax Credit As states continue to recover from the Great Recession, several are embracing a tax credit to help bring working families along. This year five states, including California and Massachusetts, where a Democrat and a Republican hold the top...

California: Exceptions to the Going and Coming Rule

The “going and coming” rule is a deceptively simple one. There is no reference to the “going and coming” rule concept in the Labor Code. However, the rule has developed over time by case law, essentially holding that the employer is not liable for injuries which occur during an...

State Net Capitol Journal – August 17, 2015; States Back Tax Breaks for Military Vets

Budget & Taxes States Back Tax Breaks for Military Vets Despite facing a budget shortfall this year, Maryland doubled its income tax exemption for military retirement pay to $10,000. And a budget hole forced Connecticut to raise taxes on its most prosperous corporations, but it still managed...