Indiana Gov. Mike Pence vetoed a bill Thursday that would allow private university police departments to follow different crime reporting standards than other police agencies.House Bill 1022, introduced in January by State Rep. Patrick Bauer (D-South Bend), would have changed state law to require private university police departments to release records relating only to arrests and incarcerations.“Throughout my public career, I have long believed in the public’s right to know and a free and independent press,” Pence said in a written statement. “Limiting access to police records in a situation where private university police departments perform a government function is a disservice to the public and an unnecessary barrier to transparency.”The bill was approved by a unanimous vote in the House and a 49-to-1 vote in the Senate. Thursday was the last day for Pence to sign or veto the bill. Otherwise, it would have become law without his signature.Bauer, a co-author of the bill, said transparency was not the bill’s primary purpose. If passed, the bill would have required private university police departments to align their training programs with those of public agencies, he said.“My number one goal was protecting students from crime,” he said.Throughout the bill’s legislative process, a high-profile lawsuit over access to Notre Dame’s private police records has been unfolding. ESPN sued the University in January 2015 after Notre Dame Security Police (NDSP) refused to release incident reports related to student-athletes on two separate occasions.The Indiana Court of Appeals ruled in favor of ESPN on March 15, finding NDSP to be a public agency subject to public record laws and reversing the decision of the trial court. The case was remanded to the trial court to determine what types of records NDSP will be required to produce under Indiana’s Access to Public Records Act (APRA).“While House Enrolled Act 1022 provides for limited disclosure of records from private university police departments, it would limit the application of the Access to Public Records Act following the Court of Appeals decision and result in less disclosure, therefore I have decided to veto the bill. Hoosiers may be assured that my administration will always be vigilant to preserve government accountability and the public’s right to know,” Pence said in the statement.When dealing with college police departments, Bauer said he thinks transparency is necessary at times — namely, when handling crimes.“You have to say what the balance of rights is. And the balance of rights comes out in favor of the privacy of students,” he said. “Transparency of a crime is where I draw the line. If you have a fight in your house, that’s private. If it’s an assault fight, that’s a crime.”Bauer said he had to consider federal privacy laws — the Family Educational Rights and Privacy Act of 1974 (FERPA) and the Clery Act — when redefining state privacy laws.“You’re balancing federal law with state law, and you’re protecting private rights and the private privileges that the students have by law,” he said. “ … That dorm is your home. That is not public — that’s private.”Bauer said he did not write the bill in response to the Notre Dame-ESPN lawsuit; instead, he said he saw a need for the bill after watching “The Hunting Ground,” a 2015 documentary profiling sexual assault cases on college campuses, including Notre Dame.“I think something’s got to be done in protecting students, and I think the movie proved it,” he said. “I think it’s great that everybody cares. This could have all gone away and not happened.”Bauer, a Notre Dame graduate, said the Independent Colleges of Indiana (ICI) asked to help work on the bill. Bauer serves on the board of the ICI, but said his position does not create a bias because he would not benefit personally from the bill in any way.Notre Dame supported the ICI’s efforts to increase transparency in private university police departments, Paul Browne, vice president for public affairs and communications, said in an email.“With the veto, the situation reverts to where no reporting whatsoever is required,” Browne said. “ICI showed the way forward, but regrettably it was rejected.”The General Assembly might have the chance to override the veto if the bill is handed down in the next session, which begins in January 2017, Bauer said. However, the pending results of the ESPN lawsuit will affect the bill’s future impact.Bauer said he doubts the court’s ruling in the ESPN lawsuit will completely resolve the debate over public records, further legal or legislative action may have to be taken.“Overriding a veto is a difficult option,” he said. “Sometimes, though, if you’re going to make a change in a law that’s not controversial, it’s not making much of a change.”Tags: APRA, Clery Act, ESPN lawsuit, FERPA, House Bill 1022, Mike Pence, Patrick Bauer, privacy, public records
Photo by PLF73 via FlickrA 16 year-old boy was hospitalized in Asheville, North Carolina after a bear attack in Great Smoky Mountains National Park.The attack occurred in the Hazel Creek section of the park at backcountry campsite 84 about 4.5 miles from the shoreline of Lake Fontana on the North Carolina side of the park.According to National Park Service officials, the boy was camping with his father with food and equipment properly stored when he was pulled from his hammock by a black bear at approximately 10:30 p.m.“It sounds like the son and father were doing the right things,” park spokesperson Dana Soehn told WBIR. “[It was] just a very rare and unusual situation.”After the initial attack, the boy’s father was able to drive the bear from the campsite and administer first aid to his son. The two then hiked to the shore of Lake Fontana where they were transported by boat to meet the Graham County Rescue EMS before the boy was airlifted to Mission Health in Asheville. He arrived at the hospital at approximately 3 a.m. and remained conscious and in stable condition throughout treatment.Park officials have closed several trails and other back country campsites near the site of the attack. These include Hazel Creek Trail, Jenkins Ridge Trail, Bone Valley Trail, Cold Spring Gap Trail, and backcountry campsites 82, 83, 84, 85, 86 and 88.Park rangers and wildlife biologist were dispatched to the scene of the attack to clear the area of other campers and investigate the circumstances of the attack.“While incidents with bears are rare, we ask park visitors to take necessary precautions while hiking in bear country and comply with all backcountry closures,” said park Superintendent Cassius Cash. “The safety of our visitors is our No. 1 priority.”
June 15, 2003 Gary Blankenship Senior Editor Regular News Board discusses multijurisdictional practice rules Senior EditorProposed rules governing the actions of out-of-state lawyers who do work in Florida were reviewed last month by the Bar Board of Governors.The rules include that out-of-state lawyers appearing in Florida must be subject to Florida Supreme Court jurisdiction and lawyers appearing in court cannot appear in more than three cases in a 365-day period. Those limits do not apply to out-of-state transactional lawyers who can only handle matters in Florida related to their practice.The new rules will come back to the board for final approval at its August meeting in Clearwater, and then be forwarded to the Supreme Court.The board had initially reviewed and debated the recommendations of the Multijurisdictional Practice Commission at its April meeting (see story in the April 30 News ). Commission Chair John Yanchunis noted a question had been raised that a lawyer handling multiple tort cases stemming from the same cause might be able to get around the three-cases-a-year restriction.“We went back and amended the rule to take out the ambiguity,” he said.One board member questioned whether transactional lawyers are adequately regulated in the proposals.Richard Gilbert noted the proposal does not limit the number of times an out-of-state transactional lawyer can work in Florida. A revision replaced the earlier, more strict requirement that a matter be related to the law of the out-of-state lawyer’s home jurisdiction with the more lenient requirement that it be related to that lawyer’s practice.“[You’re] saying they can appear anytime something arises out of their practice in the jurisdiction where they practice,” he said, adding that leaves the discretion entirely with the lawyer. “With regard to transactional lawyers, you have untethered them from state bar regulations that presently exist.”The commission reviewed recommendations from the ABA on multijurisdictional practices (MJP), and then suggested changes in Bar policies and rules. It did not accept all of the ABA proposals.A summary of the commission’s proposed rules was published in the April 15 Bar News on page 12. The full report is available in PDF format on the Bar’s Web site at www.flabar.org. Click on Organization in the left side menu, and then under Committees select Special. On the next screen, select Multijurisdictional Practice Commission.Among the commission’s recommendations:• Limit non-Bar members to three appearances in a 365-day period in a court or arbitration proceeding. Current rules set that limit for court appearances, but allow circuit judges to grant exceptions, Yanchunis said, adding that language needs to be tightened. There is no existing rule dealing with arbitrations.• Allow reciprocal discipline, which would permit the Bar to discipline visiting out-of-state attorneys and have that recognized in their home states. Similarly, Bar members handling matters in other states could be disciplined there and that would be recognized by the Bar.• Require attorneys admitted pro hac vice to pay a $250 fee to the Bar for each case. That would pay for expanding the discipline system to monitor their activities. The fee will be waived if the client is indigent.• No limit on transactional work that is reasonably related to work an out-of-state attorney is performing for an existing client or related to the attorney’s practice. Yanchunis said there is no effective way to monitor the amount of transactional work such an attorney might do. As with the other areas, the attorney could only be in Florida temporarily.The commission did not adopt ABA recommendations to allow admission to practice by motion, to amend the Bar’s foreign legal consultancy rule, and to allow a temporary practice for a foreign lawyer. Yanchunis said the latter raised policing and competency issues. Board discusses multijurisdictional practice rules
Economy, Español, Press Release El Gobernador Tom Wolf anunció hoy que el Programa de incentivos para el crecimiento de la carga intermodal de Pennsylvania (PICGIP, por sus siglas en inglés), que tiene por objetivo aumentar la actividad de carga al incentivar a los transportistas a trasladar las cargas a través de los puertos de Pennsylvania, se extenderá hasta 2022. Inicialmente, el programa estaba destinado a finalizar en junio de 2020.“En este momento, los puertos de Pennsylvania son más necesarios que nunca”, dijo el Gobernador Wolf. “El aumento de la actividad de transporte ayudará a garantizar que los productos esenciales se entreguen a las tiendas de manera oportuna, al tiempo que se fortalece la cadena de suministro para el futuro”.Originalmente establecido en 2015 a través del Fondo Multimodal de PennDOT, el PICGIP coloca a hasta $1 millón anual a disposición de los transportistas marítimos participantes que trasladan cargas a través de los puertos de Pennsylvania. El fondo ayuda a garantizar el empleo a tiempo completo en las terminales y aumentar la actividad económica a través de empleos indirectos e inducidos.Todos los transportistas que no hayan estado en el Puerto de Philadelphia en los últimos seis meses deben completar una solicitud en el sitio de Internet de PennDOT, al tiempo que los participantes actuales deben completar el formulario de verificación de datos para ser admitidos en el programa.“El Programa de incentivos para el crecimiento de la carga intermodal es esencial para que podamos competir con otros puertos para atraer a nuevos transportistas marítimos y nuevas rutas comerciales a Pennsylvania. Este programa apoya al transportista marítimo durante la difícil fase inicial de ingresar a un puerto por primera vez o comenzar un nuevo servicio”, dijo el Director Ejecutivo de PhilaPort, Jeff Theobald. “Una vez que el transportista comienza a operar y nosotros tenemos el negocio, el incentivo termina. Se trata de un programa bien diseñado, y PennDOT ha hecho un gran trabajo para ayudarnos a implementarlo”.Los nuevos transportistas inscritos en el programa reciben $25 por cada contenedor nuevo cargado o descargado de embarcaciones que se dirigen hacia un puerto de Pennsylvania. Los participantes actuales califican para recibir el pago de incentivos al exceder los estándar de comparación establecidos.En los últimos cinco años, más de 1.8 millones de unidades de carga pasaron por los puertos de Pennsylvania. Un total de 175,000 unidades que superaron los estándares de comparación, lo que dio como resultado $4.1 millones en fondos de incentivos adjudicados a 10 beneficiarios.Los transportistas que ya participan en el programa deberían haber recibido información sobre la subvención directamente de los gerentes del programa. Para recibir más información y ver la aplicación/la guía del Programa de incentivos para el crecimiento de la carga intermodal de PennDOT, visite PennDOT.gov y haga clic en la página “Rail Freight and Ports” (Carga ferroviaria y puertos).View this information in English. El Gobernador Wolf amplía el Programa de incentivos para el crecimiento de la carga intermodal para los transportistas marítimos July 21, 2020 SHARE Email Facebook Twitter
First has been a lengthened contribution period for receiving a full social security pension.People born after 1973 will have to contribute 43 years compared with 41.5 years for people born in 1956.The minimum contribution time will also be harmonised to 43 years for public employees.Second will be higher contribution rates.Employees and their employers will see the rate of their contribution on wages raised by 0.15 percentage points in 2014, with an additional 0.05 points in 2015, 2016 and 2017 – or 0.3 percentage points by 2017 as a whole.Third will be retirees’ share of the burden.As a “measure of justice”, retirees will pay their part of the French retirement rescue plan.Their pensions’ increase to keep pace with inflation is to be frozen for six months, with the April rise being postponed to an October schedule.Also, the 10% retirement bonus granted to retirees who had three or more children will now be taxed as other pensions are.Fourth will be contributors’ relief and compensation.To compensate for the bad news, the law will help some of the least favoured workers to get a better pension.About 5m people facing hardship in their daily work hardness – working night shifts, heavy lifting, etcetera – should be able to retire up to two years earlier than others thanks to a ‘hardness account’.Part-time workers will also be able to get a full quarter of retirement contribution when they work 150 hours (as opposed to 200 hours now), a measure helping women’s pensions.And fifth will be the government’s increased control over retirement institutions, with a view to “harmonising” the French system.As a first step, it said it would take over CNAVPL – the Caisse nationale d’assurance-vieillesse des professions liberals – one of the independent workers’ schemes, due to a change in its director-designation process. The French National Assembly has approved new pensions reform in the latest of a long line of measures to shore up its beleaguered pay-as-you-go (PAYG) retirement system.The changes to first-pillar social security pensions are “the first left-wing retirement reform in 30 years”, proudly claimed minister of Social Affairs, Marisol Touraine, referring to the popular but costly lowered retirement age from 65 to 60, granted by president Mitterrand after his 1981 election.Since then, at least six basic pensions reforms have followed one after the other: Balladur (1993, lowering pension rights and increasing contribution periods); Fonds de réserve des retraites (1999, creating a buffer fund that never received the promised capital; Fillon (2003, creating an adjustable retirement age according to life expectancy; Woerth (2010, raising minimum retirement age to 62 by 2018 and up to 67 for retirees with incomplete contribution history); and minor changes in December 2012, shortening the horizon for the new 62-67 retirement age bracket to 2017 instead of 2018.The new reform essentially covers five areas.
The decision followed months of criticism of the proposals from the AP funds themselves and the Swedish central bank and employer groups.But the spokesman for AP6 said his fund still supported the idea of consolidating the system’s unlisted holdings.“AP6 still thinks the proposal regarding investing in private equity and unlisted companies would have been the best solution for the entire AP system, and for Swedish pensioners,” he said. He added that the fund was still in favour of its proposed merger with AP2 “to create a competence centre for unlisted investments”.Karl Svartling, AP6’s managing director, previously came out strongly in favour of the idea of consolidating unlisted assets.In the fund’s response to the government proposals from October, he said such a joint vehicle would be more able to influence the market in a number of areas, including sustainability and transparency.It is unclear whether the remaining four AP funds still favour a joint approach to unlisted assets – first mooted by the former government prior to the 2014 election – as several of them have in recent months announced new real estate joint ventures.AP1 last month formed a jointly owned property company, Secore Fastigheter, with Swedish retail chain ICA.The new entity is set to acquire 13 of ICA’s stores by the end of the year.Meanwhile, AP1 and AP2 in August announced details of a €4bn office property joint venture with TIAA-CREF, seeded with assets from the funds’ previous venture Cityhold Property.AP3 in September formed an office and retail joint venture with Sveafastigheter. AP6 has stood by proposals to consolidate the AP funds’ unlisted assets into a single vehicle, despite Sweden’s government dropping its planned reform of the system.A spokesman for AP6, which manages SEK23.6bn (€2.5bn) in unlisted assets, told IPE it still believed the creation of a “competence centre” for unlisted assets was the best way forward, a goal that would have been achieved under the cross-party proposals through the merger of AP6 with AP2.The proposals published in June suggested AP2 would manage all unlisted assets within the SEK1.2trn buffer fund system, stripping the remaining two funds of the ability to invest directly in asset classes including real estate and infrastructure.A spokesman for AP6 had no comment on the government’s decision to cancel the reforms, announced on Thursday after a meeting of the cross-party Pensionsgruppen – comprising representatives of the four opposition and two government parties – failed to yield consensus following mounting criticism for the changes.
The UK government must prioritise a strong economy for the benefit of pension schemes, or the “vast majority” of British people will suffer in retirement, the sector’s trade body has said.The Pensions and Lifetime Savings Association (PLSA) has warned that the sustainability of UK pension funds depends on the strength of the country’s economy, its regulatory regime and its financial services sector – all of which could be under threat as the UK negotiates its exit from the EU.Graham Vidler, director of external affairs at the PLSA, said: “A successful Brexit matters to the 20m workers, savers and pensioners served by our pension schemes. If the economy weakens, it will make it harder for sponsoring employers to keep defined benefit [DB] schemes open and reduce the funds individuals can afford to put into defined contribution [DC] pensions – but these risks can be reduced if the government addresses the points we raise.”DC schemes also face significant challenges, the PLSA said in a commentary, especially if a weak economy translates into poor wage growth. “Current levels of contributions to these pensions are too low to provide adequate retirement incomes for Britain’s savers,” the industry group said.“Therefore, it is essential contributions increase in the near future. If the OBR’s forecast of faltering wage growth proves correct, it will be difficult for employers and employees to increase contributions.“The vast majority of the population would then have to expect a poorer retirement.”Prime minister Theresa May yesterday morning gave her most detailed speech yet on the subject of Brexit.She stated that any deal reached “cannot mean membership of the single market” because the caveats that come with it would mean “to all intents and purposes … not leaving the EU at all”.She added: “We do not seek membership of the single market. Instead, we seek the greatest possible access to it through a new, comprehensive, bold and ambitious free-trade agreement.”However, she said a new deal “may take in elements of current single-market arrangements” in areas such as financial services, “as it makes no sense to start again from scratch when Britain and the remaining member states have adhered to the same rules for so many years”.Free trade or no trade?The PLSA’s commentary stated that a “successful outcome” for Brexit would include “replication of both the current UK/EU framework for free trade in goods and existing EU free-trade agreements with third countries”, in order to support pension scheme sponsors.It added: “Pension schemes need full access to global markets and to the world-class expertise currently available from the UK’s successful financial services sector. Any dilution of the City of London’s strength would have a negative effect on pension saving.”Failure to reach a Brexit deal within the two years scheduled for negotiations could mean the UK defaults to trading rules set by the World Trade Organisation (WTO).The PLSA said this would cause “major disruption”, adding: “On no account could the pension fund industry support a regime based only on WTO rules.“This would be likely to cause economic harm, create regulatory barriers and undermine essential pensions support services.”Regulatory carve-outThe PLSA, despite its demand for open access to Europe’s markets, urged the government to protect UK schemes from any future EU rules – particularly the holistic balance sheet concept.The idea was abandoned by EIOPA after long-running battles with national bodies, but the PLSA claimed a similar plan remains possible and wants protection from any future solvency rules.“During the negotiation of IORP II, the UK was successful in warding off the threat of an EU solvency regime for pensions, which could have resulted in a bill for British business of up to €650bn,” the PLSA said.“While we believe high levels of access to the single market are very important, it is also essential that any future moves by the EU to propose a new solvency regime should not apply to defined benefit schemes in the UK, unless they also operate outside the UK.”The IORP Directive is due to be implemented in January 2019, while the deadline for Brexit negotiations is likely to be March 2019.Theresa May’s speech in full
Sweden’s AP2 has invested $50m (€44m) in a social and environmental impact fund.Gothenburg-based national pension fund has invested in the Rise Fund, a private equity vehicle aimed at producing positive social and environmental effects that can be measured, as well as competitive financial returns.The fund is managed by TPG Growth, the international growth equity and middle market buyout platform of alternative asset firm TPG.Eva Halvarsson, chief executive of AP2, said: “The idea of impact investing is not new, but what is new and unique about this strategy is that the Rise Fund is relying on independent research to measure the positive outcomes in financial terms.” She said the investment was in keeping with its mandate to both maximise returns and take ethical and environmental criteria into consideration.The Rise Fund measures how much tangible impact a potential investment is expected to have during its investment life cycle, focusing on the impact outcomes defined by the UN Sustainable Development Goals.“Through our sustainable development activities and the investments we make, the fund contributes in various ways towards to the UN’s Sustainable Development Goals and we try to be actively involved in these goals,” Halvarsson said.UK public sector funds eye ‘new era’ for climate risk engagementA group of UK public sector pension funds is partnering with the 50/50 Climate Project in a bid to ratchet up its engagement with companies on climate risks and their potential impact on shareholder value.The Local Authority Pension Fund Forum (LAPFF), which is a voluntary association of pension funds with combined assets of around £200bn (€230bn), said the partnership “is set to enhance LAPFF’s established position as a leading investor voice on climate change risk”.The 50/50 Climate Project is a non-profit organisation that aims to help large institutional investors “bring climate competence to corporate boards”. Its mission is to engage with the 50 public companies with the largest carbon footprint.Kieran Quinn, LAPFF chairman, said it “marks a new era in the forum’s efforts to safeguard shareholder value against climate-change risk.”Specifically, the arrangement with the organisation will provide LAPFF with research on company risks and opportunities, analysis of climate competencies on corporate boards, and involvement in campaigns to “refresh” boardrooms as well as support the development of a pipeline of credible “climate-literate” director candidates.KLP blacklists 10 companiesNorwegian municipal pensions firm KLP has excluded 10 companies from its investment universe on ESG grounds following a semi-annual review of investments.The NOK596bn (€62.6bn) institutional investor said it decided to exclude PetroChina Co and Bharat Heavy Electricals because of the risks of, respectively, gross corruption and serious environmental damage.It is also banishing a further eight coal companies from its range of potential investments and is altering the basis for exclusion for two companies.The coal companies to be newly excluded are CEZ, Eneva, Great River Energy, Huadian Energy, Malakoff Corp, Otter Tail Corp, PGE Polska Grupa Energetyczna and SDIC Power Holdings.KLP was invested in two of these firms before the decision to exclude them – CEZ and PGE Polska Grupa Energetyczna.In addition, KLP has decided to reintroduce Singapore Technologies Engineering into its investment universe.The business had been excluded by the Norwegian pension fund for 16 years because of the production of anti-personnel land mines, but last year Singapore Technologies Engineering confirmed it had stopped making this type of weapon, KLP said.Leonardo SpA, which had been excluded since 2006 because of nuclear weapons production, is now excluded because of an unacceptable risk of gross corruption.Meanwhile, the reason for AES’ exclusion by KLP has changed to coal activity from human rights violations in connection with a steam project in Panama.The company’s involvement with that project has now stopped, KLP said.
Stuff co.nz 2 December 2016Family First Comment: Good. Workers deserve a break! Consumers should not plan any shopping sprees in the Tasman district next Easter Sunday because most stores will be closed.Tasman district councillors agreed on Thursday to retain the status quo, which means stores are not allowed to trade on Easter Sunday except for those businesses with exemptions under the Shop Trading Hours Act.The decision was not the preferred option outlined in a staff report by strategic policy manager Sharon Flood. Her preference was for the council to approve the release of a draft policy for public consultation to allow Easter Sunday trading in 2017.It was designed to be released as a joint policy with Nelson City Council, which is due to discuss the matter on December 15.Flood’s report comes after two Nelson-Tasman surveys – a self-selecting online poll and an independent telephone survey – showed residents appeared to be divided on whether shops should be allowed to trade on Easter Sunday.READ MORE: http://www.stuff.co.nz/business/87099927/tasman-district-council-closes-door-on-easter-trading
ILOILO City – Gambling during wakes isallowed but there should not be too many gambling tables, according to PoliceGeneral Archie Francisco Gamboa, director of the Philippine National Police(PNP). The most popular games in wakes –which runs for days if not weeks until the burial – are mahjong and card gamesof various kinds. Gambling as a pastime in wakes is aFilipino tradition. It keeps people around and awake at the vigil. Photo courtesy of Flickr Gamboa said there are no official PNPguidelines yet on gambling during wakes but he stressed there should be a fewtables only, such as one for mahjong and one for tong-its. There was no gambling at Espanto’swake. The police may make arrests ifgambling during wakes has become unbridled, he said. “Angproblema kasi nag-e-extend ng maraming tables,” said Gamboa,lamenting that such is already going beyond the spirit of why authorities aretolerant of gambling during wakes. In fact, he said, in the NationalCapital Region, the regional police office under Police Major General DeboldSinas banned all types of gambling in wakes although this earned the ire ofresidents. He issued the statement during a visitto the wake of Police Captain Efren Espanto Jr. – who was killed in anencounter with rebels in Janiuay, Iloilo on Feb. 12 – at the Police RegionalOffice 6 in Camp Delgado here on Saturday. Some sort of “tax” – the so-called“tong” – from these games is given to the family of the dead person to helpdefray burial expenses./PN