Somerset man free on bond until sentencing Nov 24, 2009
A jury convicted the Somerset man of involuntary manslaughter, simple assault, criminal mischief and two counts of recklessly endangering another person Oct. 30 after a five-day trial in Somerset County court. Emerick initially was charged with murder. (Somerset Daily American, PA)
Professors file health care lawsuit Nov 24, 2009
The situation is particularly startling, the plaintiffs say, given the 2006 state law mandating health insurance coverage for all residents. The Teachers Association estimates that about 500 adjunct faculty members meet the state s longtime definition of part-time employees - those who working at least 18. (Boston Globe)
CBM to re-examine salinity rules Nov 24, 2009
But until the agency has developed new regulations, Corra said, state law requires permits to be issued. The way in which environmental regulation works is you set up rules and regulations and policies that govern how you issue permits, Corra said Thursday. (Gillette News-Record, WY)
Miss. high court: Medicaid erred on pharmacy rule Nov 24, 2009
The pharmacies said state law gives the Legislature sole authority to change the reimbursement plan unless there was a federal mandate ... A Hinds County judge found three methods in state law to determine how much a pharmacist would be reimbursed for dispensing generic drugs ... He said Medicaid exceeded its authority in adding a fourth method without the Legislature amending state law. (Yahoo News -- Pharmaceutical Industry News)
Limbaugh attorneys unearth precedent Nov 24, 2009
Prosecutors have argued before the court that the federal Fourth Amendment guaranteed their right to seize Limbaugh's records and that they did not have to follow state law procedures. Prosecutors made that same argument in the DUI case - and were flatly rejected, wrote Limbaugh's attorneys Roy Black and Jackie Perczek in Thursday's response. (Yahoo News -- Rush Limbaugh)
Parents demand probe of 'egg war' investigation Nov 24, 2009
Carroll cited violations of school-district policy, state law and the constitutional right to due process, saying McEvoy rushed to impose harsh suspensions on student participants before knowing the facts ... The state law gave them wide latitude in at least calling the kids' parents -- but all the district did was stand over the page's founders and watch them delete their hate group. (Palo Alto Online, CA)
Bill takes aim at lottery bonuses Nov 24, 2009
The Ga Lottery is a private company contracted to run and manage the lottery program here in the state according to state law. The board that overseas the Ga lottery is appointed by the governor and the lottery provides a portion of proceeds to state education. (Atlanta Journal-Constitution -- Metro)
Justice a unique voice on high court Nov 24, 2009
Under state law, judges cannot collect their pensions if they stay on the bench after they turn 75. I m sorry that I can t continue, Carley said in a recent interview. (Atlanta Journal-Constitution -- Metro)
Electronic Privacy Information Center: Privacy Nov 24, 2009
EPIC and 16 experts in privacy and technology filed a "friend of the court" brief in a case concerning a New Hampshire state law banning the sale of prescriber-identifiable prescription drug data for marketing purposes. Information on international privacy laws and standards, including the recently enacted EU Data Protection Directive and proposals for Canada and the US. Also see the. (Yahoo News -- Online Privacy)
Court upholds right to public access Nov 24, 2009
The Supreme Court ordered the Goshen County District Court to redraft the state's contract with the conservation district to make it reflect the language in the state law that approved the funding. Curtis Buchhammer, lawyer for the conservation district, had argued in Goshen County Court that the state's original agreement with the district failed to specify what land the district had agreed to give access to when it accepted the state money. (Casper Star-Tribune, WY)
Would you pay a toll to beat traffic in the Valley? Nov 24, 2009
The idea is coming to Arizona now because of a new state law allowing public-private partnerships for transportation projects. ADOT is a month away from issuing final rules for complying with the new law and is advertising contract work for outside technical experts to manage the partnerships. (AZCentral -- Business)
SC gov faces 37 charges he broke state ethics laws... Nov 24, 2009
The allegations include 18 instances in which Sanford is accused of improperly buying first- and business-class airline tickets, violating state law requiring lowest-cost travel; nine times of improperly using state-owned aircraft for travel to political and personal events, including a stop at a discount hair salon; and 10 times he improperly reimbursed himself with campaign cash. Sanford's attorneys and spokesman did not immediately respond to messages left seeking comment. (The Drudge Report)
Douglas councilman also working for city in Mexico Nov 24, 2009
Flores also stated he reviewed the state law and found no violation with Fernandez being employed as a consultant. Although I see no blatant conflict of interest, that does not mean a possible conflict could not arise in the course of his employment with the city of Agua Prieta, he stated. (Douglas Daily Dispatch, AZ)
Petition vies for metro government Nov 23, 2009
State law also allows these members to be elected in a popular vote if the petitioners choose ... The county would have to appropriate 25,000 to 50,000 to defray expenses of the charter commission, according to the state law. (Columbia Daily Herald, TN)
Equality through marriage Nov 23, 2009
At its core, the ability to get married is a civil act governed by state law ... To receive a marriage license, all such persons must first meet the qualifications set forth by state law. (NJ.com -- Times)
Panel re-examines salinity rules Nov 23, 2009
But until the agency has developed new regulations, Corra said, state law requires permits to be issued. "The way in which environmental regulation works is you set up rules and regulations and policies that govern how you issue permits," Corra said Thursday. (Casper Star-Tribune, WY)
Wyoming briefs Nov 23, 2009
RIVERTON -- A new state law requires that food sold at holiday bazaars and bake sales must carry detailed labels about the food contents. The Wyoming Legislature passed a law earlier this year allowing cottage food business operators to make certain foods in home kitchens, rather than in licensed and inspected commercial kitchens. (Casper Star-Tribune, WY)
LeRoy starts work on new tax increment financing district Nov 23, 2009
State law requires a TIF area to be "blighted," which Clawson defined as an area where the assessed valuation has not grown. The life of the TIF would be 23 years. (The Pantagraph newspaper)
Landfill’s cleanup to be costly Nov 23, 2009
The landfill was never properly shut down with the requisite two feet of soil, vegetation and, therefore, violates state law, according to Michael Kemp with EPD. Two years ago, the state determined that the dump posed a fire risk sufficient to require aggressive intervention. Kersey has yet to pay any fine or restitution, Kemp said, and has since sold the property. (Atlanta Journal-Constitution -- Metro)
Temporary shelters reopen Nov 23, 2009
The 2006 spring Town Meeting adopted a state law that requires that every lodging house or boarding house be protected by a sprinkler system in accordance with the state building code. In February, the Executive Office of Public Safety and Security s Department of Fire Services issued a memorandum on the use of churches as shelters. (Allston Brighton TAB, MA)
Getting tough on leaving kids behind on buses Nov 23, 2009
State law already called for school districts to have policies in place requiring school bus drivers to check for the children or other passengers left on the bus at the end of a shift or work day. But the law had no teeth. (The Pantagraph newspaper)
24 South St. Notebook Nov 23, 2009
Tuesday, June 30, 2009 1:50 PM EDT. The address for Auburn's Memorial City Hall on South Street is familiar to many follower's of the city's government and its political scene. (Auburn Citizen, NY)
Governor Opposes Delay In Math, Science Requirements Nov 23, 2009
In 2013, under current state law, high school students will be required to show proficiency on statewide tests in reading, writing, math and science in order to graduate. Mary Jean Ryan, chairwoman of the State Board of Education, called Dorn's proposal a distraction from the serious work that needs to be done to improve science and math education. (KIRO TV, WA)
Would you pay a toll to beat traffic? Nov 23, 2009
The idea is coming to Arizona now because of a new state law allowing public-private partnerships for transportation projects. ADOT is a month away from issuing final rules for complying with the new law and is advertising contract work for outside technical experts to manage the partnerships. (AZCentral -- News)
New York keeps PACE with green power Nov 23, 2009
State law didn't allow municipalities to add the additional property tax assessment to owners' bills. With applications for the pilot programs due in December, it was critical that the Legislature pass this bill now or risk losing up to $75 million in Recovery Act funds. (Albany Times Union)
Electronic Privacy Information Center: Privacy Nov 23, 2009
EPIC and 16 experts in privacy and technology filed a "friend of the court" brief in a case concerning a New Hampshire state law banning the sale of prescriber-identifiable prescription drug data for marketing purposes. Information on international privacy laws and standards, including the recently enacted EU Data Protection Directive and proposals for Canada and the US. Also see the. (Yahoo News -- Online Privacy)
Miss. high court: Medicaid erred on pharmacy rule Nov 23, 2009
The pharmacies said state law gives the Legislature sole authority to change the reimbursement plan unless there was a federal mandate ... A Hinds County judge found three methods in state law to determine how much a pharmacist would be reimbursed for dispensing generic drugs ... He said Medicaid exceeded its authority in adding a fourth method without the Legislature amending state law. (Yahoo News -- Pharmaceutical Industry News)
Free to Choose Nov 22, 2009
The flip side of this seemingly benevolent government coin is that when people are unable to afford the "Cadillac" plans mandated by state law and barred from purchasing lower priced alternatives, the rest of the taxpaying public is forced to subsidize the cost of the pricey state-approved plan in an attempt to achieve coverage for all. Meanwhile, companies willing to sell basic, affordable insurance are shut out of the market. (Townhall.com)
Weymouth councilors field concerns about Riley proposal Nov 22, 2009
The town s community preservation committee turned down the request because state law prohibits using funds under the CPA to renovate town owned fields. There is an effort to amend that law on Beacon Hill, said Mathews, a park and recreation committee member and a council liaison to the community preservation committee. (Weymouth News, MA)
Weymouth school vans get caution light Nov 22, 2009
State law requires drivers to stop whenever a school bus or van has its red signal lights on. We need to tell the van drivers to not wave drivers on, Kay said. (Weymouth News, MA)
Carlisle toasts the end of its long dry season Nov 22, 2009
According to state law, towns people have to go to the polls three times to make a town wet. Carlisle residents voted in 2004, 2006, and 2008. (Boston Globe)
WTOC reports: Parent says school took paddling too far Nov 22, 2009
No opt our form is provided and it is incumbent upon parents/guardians to write a letter for each child, each year and give it to the principal, to request they be exempted from corporal punishment, then it is up to the discretion of the principal (I have since found out that Tennessee State Law does not require parental consent or notification for school employees to administer corporal punishment on children). We have never had a discipline problem with any of our 3 children at home or school. (Atlanta Journal-Constitution -- Living)
Illegal housing bidding on rise Nov 22, 2009
In this atmosphere of little oversight and record numbers of homes going to foreclosure auction, state laws are being ignored, and the foreclosure process has been compromised ... While legal in some states, drop bids are illegal in Arizona, say some top trustees, including one who helped write the state law. (AZCentral -- News)
Religious Leaders Call for Civil Disobedience if Laws Dont Respect Christian Faith Nov 22, 2009
On Friday, Catholic Charities of Boston halted adoption services rather than comply with state law and allow children to be adopted by homosexual couples. Other signatories to the document include Cardinal Justin Rigali, outgoing chairman of the U.S. Catholic bishops' Committee for Pro-Life Activities; Pentecostal leader Harry Jackson, pastor of a Beltsville church; evangelical activist Tony Perkins; and National Association of Evangelicals President Leith Anderson. (Newsmax)
Legislators firm continues to win bids from county Nov 22, 2009
That s because the agreements are bid out, there is transparency for the process by which they are awarded and state law allows dealings such as this ... And if state law ever changes, D Onofrio said it s his role on the legislature that would take the hit. (Utica NY Obserer, NY)
Excuses for the festive season Nov 22, 2009
I need an early night, as tomorrow I'm being executed under Alabama state law. 3. (Sydney Morning Herald -- Opinion)
Access issues Nov 22, 2009
That sentiment was echoed by several other speakers, but Sonoma Planning Director David Goodison explained that state law precludes dogs on all state park land and that policy isn't likely to change. Open Space District General Manager Bill Keene added that the district is not "a land management agency long-term," and that eventually the preserve will be handed off to either State Parks or the City of Sonoma. (Sonoma Index-Tribune, CA)
Wisconsin lab faces blood sample backlog Nov 22, 2009
It's due to stagnant staffing levels and a caseload that has increased nearly 90 percent since a 2003 change in state law. That law says drivers are guilty of driving while intoxicated if they have any detectable amount of illegal drugs such as methamphetamine or marijuana in their system. (Chippewa Falls Chippewa Herald, WI)
Feds bust Palm Beach County drug ring Nov 22, 2009
The documents were filed on the same day a Broward County grand jury issued a report on the spread of pill mills in South Florida -- a report that blasted loopholes in state law that allowed drug dealers and addicts "to obtain enormous quantities of prescriptions drugs.". Among those facing charges in the oxycodone trafficking operation are Nicholas F. Raffa, 29, of Royal Palm Beach; Silas Nelson, 25, of West Palm Beach; and Joseph S. Hearn, 35, of West Palm Beach. (WSVN-TV Miami, FL)
Trial begins for manager of pot dispensary Nov 22, 2009
Many of the lawyers questions yesterday centered on whether the marijuana distributed at Answerdam was collectively grown by the groups members for medical purposes, which is allowed by state law. What part did you play in collectively growing that marijuana. (San Diego Union-Tribune)
Cemeteries in ruins Nov 22, 2009
All because there's no state law or agency in charge of mandating cemetery clean-up. "It's up to basically the property owner...or up to the people who have ancestors who are buried in that cemetery," says Frank Brown. (WSJA.com, AL)
DCF lawyer: Put gay man's kids back up for adoption Nov 22, 2009
A year ago, Miami-Dade Circuit Judge Cindy Lederman set the ball in motion when she ruled that the state law banning gay adoption was unconstitutional and granted the adoption to Gill. Former DCF Secretary Bob Butterworth hired Attorney General Bill McCollum to represent the agency in the case that everyone expected would ultimately be decided by the Florida Supreme Court. (The Palm Beach Post)
Fired Worker's Lawsuit Puts Spotlight On Workplace Treatment Of Domestic Violence Victims Nov 22, 2009
Also in the answer to Gillies' complaint, Tomasco said state law provides employment protection for witnesses and victims of certain crimes and that Gillies failed to take legal action within the 90-day mandated deadline from the date she was fired. According to the lawsuit, Gillies was beaten on the night of Wednesday, Feb. 7, 2007, resulting in "multiple bruises, contusions, a cranial sprain and muscle soreness.". (FOX61, CT)
Hawaii's school bus fare will more than double next year Nov 21, 2009
State law does not require the school system to provide bus service, although some special education students are entitled to transportation under their "Individual Education Plans.". Breene Harimoto, Honolulu board member, said bus service is not part of the school system's core functions and costs too much. (Honolulu Advertiser)
15-year-old to be tried as an adult Nov 21, 2009
Beetem had closed the certification hearing to television cameras and radio sound recordings, because -- although it was opened to the public under state law requirements -- it still involved the fate of a teenager in the juvenile system whose identity is protected by law. Provisions had been made for the broadcasters to record the afternoon hearing for use in their news reports under Missouri's "Cameras In the Courtroom" rules -- but those recordings never were allowed because Bustamante did... (Fulton Sun, MO)
Douglas councilman also working for city in Mexico Nov 21, 2009
Flores also stated he reviewed the state law and found no violation with Fernandez being employed as a consultant. Although I see no blatant conflict of interest, that does not mean a possible conflict could not arise in the course of his employment with the city of Agua Prieta, he stated. (Douglas Daily Dispatch, AZ)
24 South St. Notebook Nov 21, 2009
Tuesday, June 30, 2009 1:50 PM EDT. The address for Auburn's Memorial City Hall on South Street is familiar to many follower's of the city's government and its political scene. (Auburn Citizen, NY)
Average Marblehead tax bill up 5 percent in FY10 Nov 21, 2009
Selectmen, with the Board of Assessors, set the new tax rate for fiscal 2010 during a joint session Wednesday, Nov. 18, as required by state law. The tax rate is determined by dividing the town budget adopted by Town Meeting by the assessed valuation of real estate throughout town. (Marblehead Reporter, MA)
Three recognitions lead off council meeting Nov 21, 2009
Every city has to have a planning and zoning commission, so a lot of their business is required by state law and you re dealing with people s property and it can be really contentious. So, that s heavy lifting. (Terrell Tribune, TX)
Motorcycle troopers troll metro Atlanta's interstates Nov 21, 2009
Otherwise, state law says fines from tickets given by troopers go to the local government where it was issued. The unit s budget is $300,000, which covers motorcycles, training, uniforms, gas and maintenance; the post commander is trained do simple repair and maintenance on the Harleys. (Atlanta Journal-Constitution -- Metro)
Post exclusive: 'Pill mills' popping up all over Palm Beach County Nov 21, 2009
None of that mattered when Murry, 57, dived into the pain clinic business, a multimillion-dollar industry fueled by junkies and drug dealers from Florida to Tennessee and made perfectly legal by gaping loopholes in state law ... The surge in pain clinics here coincides with the passage this spring of a state law aimed at curtailing pill mills by tracking prescriptions in a database a law that won't take effect until December 2010. (The Palm Beach Post)
Stonegarden funding critical, say sheriff, NPD Nov 21, 2009
Operation Stonegarden funding of about 165 million helps pay for local and state law enforcment officers fighting border-related crime. Contributed photo. (Nogales International, AZ)
High court hears predator control case Nov 21, 2009
Assistant Attorney General Kevin Saxby said there has always been an understanding within state law that some animals are preferred over others. He said if the sustained yield principle was applied as an absolute, then programs such as rat eradication and pike removal would be in jeopardy. (Juneau Empire)
Retailers cited for selling tobacco to minor Nov 21, 2009
medic57 wrote on Nov 19, 2009 4:17 PM:" Come on you guys you would want these checks done if you have teenage children at the age of curoistiy, and this is done under very controled situations.Controlled situations, they park at least a half block away. Illinois State law says it is ILLEGAL for minors to TRY to purchase and Tobacco. If they even try, they will be arrested, unless of course the cops provide the fake ID's. ". blackhawk wrote on Nov 19, 2009 5:36 PM:" Medic............do you really... (Mattoon Journal-Gazette, IL)
Governor Opposes Delay In Math, Science Requirements Nov 21, 2009
In 2013, under current state law, high school students will be required to show proficiency on statewide tests in reading, writing, math and science in order to graduate. Mary Jean Ryan, chairwoman of the State Board of Education, called Dorn's proposal a distraction from the serious work that needs to be done to improve science and math education. (KIRO TV, WA)
Appeals court rejects teacher handgun request Nov 21, 2009
Real American wrote on Nov 20, 2009 8:40 PM:" What's being ignored here is this. She teaches at a public school. Oregon State Law does not specifically prohibit legally owned firearms (Conceal-Carry) on public school property as it does in courthouses for example. The Oregon constitution regarding the 2nd. amendment is explicit in it's reading. The Oregon Legislature passed a law and placed within the state constitution that said they, and only they, could regulate firearms in the State. The... (Longview Daily News, WA)
Marblehead home sellers to face new fire re-inspection fee Nov 21, 2009
An inspection includes checks on a home s fire alarms, and is mandated by state law before an owner can sell a property. Marblehead Fire Department Capt. Michael Porter explained that many inspections fail because people often do not prepare well for them, behavior that the new fee will modify, it is hoped. (Marblehead Reporter, MA)
Online Payday Loans Lending practices spark nationwide concerns Nov 21, 2009
A business started last spring by the Chippewa Cree Tribe of Rocky Boy s Indian Reservation has brought the Tribe and the Montana state government into the middle of a legal question of rising intensity across the nation: Are Internet payday loan companies on Indian reservations subject to state laws and regulation ... We have broad concerns about any company using tribal sovereignty or any other means to evade oversight or licensing requirements as required by state law, said Mike Saccone,... (Havre Daily News, MT)
Garden built in teacher's honor rededicated Nov 21, 2009
MARCH 22, 2000: In response to Ms. Hendrick's case, state law is changed to allow someone as young as 13 to be tried as an adult on a charge of aggravated battery. Previously, no one younger than 17 could stand trial on such a charge as an adult. (The Augusta Chronicle)
Electronic Privacy Information Center: Privacy Nov 21, 2009
EPIC and 16 experts in privacy and technology filed a "friend of the court" brief in a case concerning a New Hampshire state law banning the sale of prescriber-identifiable prescription drug data for marketing purposes. Information on international privacy laws and standards, including the recently enacted EU Data Protection Directive and proposals for Canada and the US. Also see the. (Yahoo News -- Online Privacy)
Miss. high court: Medicaid erred on pharmacy rule Nov 21, 2009
The pharmacies said state law gives the Legislature sole authority to change the reimbursement plan unless there was a federal mandate ... A Hinds County judge found three methods in state law to determine how much a pharmacist would be reimbursed for dispensing generic drugs ... He said Medicaid exceeded its authority in adding a fourth method without the Legislature amending state law. (Yahoo News -- Pharmaceutical Industry News)
Gov. Baldacci orders immediate spending reductions Nov 21, 2009
"Under State law, the Governor has the authority to reduce spending on programs approved by the Legislature with a curtailment order. The curtailment order is temporary and serves to reduce the rate of spending until a supplemental budget can be passed to address the predicted revenue shortfall. The curtailment order applies only to the current fiscal year.Like Maine, at least 42 states have had to make additional spending cuts after passing their budgets. Even as the recession has begun to end... (Seacoast New Hampshire)
What's in the Senate Health Bill for You? Nov 21, 2009
States would have the choice of opting out by passing a state law. Establishes Health Insurance Exchanges, a marketplace where individuals, small businesses and others could purchase health care coverage. (CBS News -- Early Show)
S.C. Gov. Mark Sanford Reporting Private Plane Trips Nov 21, 2009
In August, an Associated Press report showed Sanford took dozens of undisclosed flights on private planes since taking office in 2003 despite a state law requiring him to report who paid for the travel. The ethics charges followed a series of AP reports on the governor that found he took expensive commercial flights despite state low-cost travel rules and used state planes for personal and political purposes. (Newsmax)
Missouri Girl Said Hobby Was 'Killing People' Nov 21, 2009
Greater details of the crime also are included in Bustamante's juvenile court records, but those will remain closed under state law, said Cole County Juvenile Court Administrator Michael County. No further details are expected to emerge at a Dec. 7 status hearing in Bustamante's case. (Fox News)
