Public Law MonitorHow to Hold an Open Meeting During the COVID-19 PandemicMarch 31, 2020 The West Virginia Open Meetings Act (the “Act”)1 continues to apply to all public agencies. Because of the mandated social distancing, meetings may be required to be conducted telephonically, via live audio, or visual streaming. This is permissible under the Act, provided the public may also attend. This applies to a governing body’s emergency, special, and regular meetings. Requirements for… New rule requires trademark applicants and registrants to have a U.S.-licensed attorneyJuly 2, 2019 The United States Patent and Trademark Office (USPTO) published a new rule in the Federal Register requiring foreign-domiciled trademark applicants, registrants, and parties to Trademark Trial and Appeal Board proceedings to be represented by an attorney who is licensed to practice law in the United States. This rule becomes effective on August 3. The requirement applies to all trademark… A New High for Cannabis-Related Trade and Service MarksMay 2, 2019 Following enactment of the 2018 Farm Bill, the United States Patent and Trademark Office (USPTO) released a new Trademark Examination Guide for marks covering cannabis and cannabis-related goods and services. Specifically, the Examination Guide addresses the availability of federal registration for products containing hemp-derived CBD, which were recently removed from the list of controlled… Attorney General Enforces Dual Office LawJanuary 23, 2019 A Gary city councilwoman was ordered to reimburse the Gary Sanitary District more than $132,000 in wages for the time she illegally held two municipal positions simultaneously, and the Indiana Attorney General Curtis Hill began efforts to secure the reimbursement. Gary councilwoman Mary Brown was an employee of Gary Sanitary District from 1995 to January 1, 2016, when, as a matter of law, she was… Opportunity Zones Offer Attractive Investment OpportunitiesMay 22, 2018 Neglected neighborhoods throughout Indiana will soon have a new tool to attract investors. More than 150 census tracts in Indiana — including 5 in Evansville and 1 in Princeton — will be included in a new federal initiative that provides a tax incentive for investing capital gains in low-income areas. Called “Opportunity Zones,” these areas must have a poverty rate of at least 20 percent or a… More Communities Turning to Local Income TaxMay 2, 2018 Indiana communities increasingly turn to Local Income Tax (LIT) as a resource to help deal with property tax caps. LIT rates are relatively new and replace previous categories like the County Adjusted Gross Income Tax (“CAGIT”), the County Option Income Tax (“COIT”) and the County Economic Development Income Tax (“EDIT” or “CEDIT”). Several components make up the LIT rate, including a property tax… New Economic Improvement District Rules in IndianaApril 3, 2018 Economic Improvement Districts (“EIDs”) are public-private partnerships in which local property and business owners elect to make a collective contribution to the maintenance, development, and promotion of their property. There are about 430 EIDs nationally, but the trend has only recently caught on in Indiana. Most notably, both Evansville and Fort Wayne adopted EIDs for portions of their… Indiana Adds New Regional Sewage District RequirementsMarch 22, 2018 A city or town sewer service area is often surrounded by a service territory that is governed by a Regional Sewer District (“RSD”). For planning purposes, many municipal officials asked the Indiana state legislature to provide better notice provisions so that cities and towns know when an RSD plans to expand its service territory. With the passage and adoption of Indiana Senate Enrolled Act 269,… Indiana Adds New Tax Option to Address County Jail IssuesMarch 21, 2018 Many counties across Indiana face inmate overcrowding issues and limited resources to pay for expanded or new jails. With the passage and adoption of Indiana House Enrolled Act 1263, signed by the governor on March 21, 2018, counties across the state will be allowed to increase local income tax (“LIT”) rates to fund or maintain a county jail. Most counties will now be able to raise LIT rates by… Indiana Property Tax Relief RatesSeptember 13, 2016 Under Indiana’s new system of local income taxes (“LIT”), local government tax relief to certain property owners will be handled differently in a new component called the “Property Tax Relief Rate”. The changes are part of HEA 1485-2015, the state legislature’s attempt to simplify and clarify local taxes starting January 1, 2017. (The new chapter governing this component is Indiana Code… Political Robocalls Lose Court BattleAugust 5, 2016 Political robocalls can be an irritating feature of modern campaigns. As a result, at least twenty-two states have imposed some restrictions, from setting approved hours to call to requiring state- or phone company-issued permits. Legal challenges to those bans have started finding some success. On July 27, 2016, a federal court in Arkansas struck down a state law passed thirty-five years ago… Indiana Adopts New Local Income Tax StructureJuly 28, 2016 Indiana has adopted legislation repealing existing categories of county income taxes (including the County Adjusted Gross Income Tax (“CAGIT”), the County Option Income Tax (“COIT”) and the County Economic Development Income Tax (“EDIT” or “CEDIT”)) and replacing them with a new, more unified county income tax structure with three rate components of a Local Income Tax. The existing local taxes are… |
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