State Net ************************************************** C A P I T O L J O U R N A L ************************************************** News & Views from the 50 States ================================================================= Volume XIV, No. 1 Monday, January 9, 2006 ================================================================= ##### TOP OF THE NEWS ##### SNCJ SPOTLIGHT .............................1 * In depth with: Washington Gov. Christine Gregoire BUDGET & POLITICS .............................2 * State budget forecast still mostly sunny POLITICS & LEADERSHIP .............................3 * Redistricting reformers regroup in CA GOVERNORS .............................4 * Swann makes run for PA gov job IN THE HOPPER .............................6 HOT ISSUES .............................7 ELECTIONS .............................8 ONCE AROUND THE STATEHOUSE LIGHTLY .............................9 IN CASE YOU MISSED IT ........................... 10 ***************************************************************** "It didn't seem to bother Ronald Reagan." Newly minted PENNSYLVANIA gubernatorial candidate Lynn Swann's reaction to questions about his lack of political experience. (OTTAWA SUN) ***************************************************************** ***** #1--SNCJ SPOTLIGHT ***** In depth with: WASHINGTON Gov. Christine Gregoire SNCJ: What is your top policy priority for 2006? Gregoire: I think the budget truly is the number one issue because we are very fortunate to sit on a $1.4 billion surplus. The challenge for me is to make sure that by the end of that session, we've put a good amount of that away for savings rather than spending it. I think we need to look out for the potential slowing down of the economy, or even an emergency. I should make some very strategic investments. Education will be the number one investment, but I'm also going to be asking for us to put away a large portion of this surplus and save it for the day when we really need it, rather than being confronted with potentially Draconian budget cuts or taxes in a year with the new biennial budget due. SNCJ: You mentioned a possible emergency. Clearly in 2005 we saw potential for that. Katrina exposed a lot of serious flaws in disaster preparedness at all levels of government. Where do you stand in preparation for a disaster of that magnitude? Gregoire: I think it would be hard for anybody to say, We're prepared for something of that magnitude.' But, this year we have really stepped up to make sure that we've got the best coordination we can between cities, counties and the state. I am also going to strategically invest in some key areas this year, such as tsunami warnings, and we're going to invest in our seismic equipment to make sure it's absolutely in top form. We're going to make sure our communications system is interoperable, with communication centers in both the western and eastern parts of the state. Most importantly, our voters last November really took a major step forward by turning back an initiative that would've repealed a 9.5-cent-per-gallon gas tax increase that the legislature and I put in place for investing in our basic infrastructure so that we could withstand a devastating earthquake. We believe the levees of New Orleans are basically our bridges and the hurricane is our earthquake, and we're getting ready for it. SNCJ: Not only did voters in your state okay that tax hike, COLORADO voters agreed to accept a five-year TABOR moratorium. Does this signal to you that the public is changing its view on taxation? Gregoire: Well, I'm very pleased. Katrina was a wake up call to us that we had to invest in our basic highway bridge infrastructure if we were going to withstand a natural disaster like what took place in the Gulf. I think it was an indication that the public is willing to invest if they're going to see a return on that investment. If they're absolutely certain that the money is going to go for the purpose it's being promised, and that there's accountability. SNCJ: Western states' governors defied normal partisan politics by joining together on numerous issues in 2005 -- roadless rules, potential ESA changes, new emissions laws, a regional primary, immigration, etc. Do you expect more of these "partnerships" in 2006 and, if so, what issues are the most likely candidates? Gregoire: I really do. A specific example is a new federal requirement for people to have passports to get across the border into Canada. In states like Washington, IDAHO and MONTANA, we know that requirement will have a dramatically negative impact on our relationship with our Canadian friends, and do very little to enhance our own security. Both Republican and Democratic governors are also coming together to send a clear message that Medicaid cuts are a very short sided way for the federal government to go because states cannot just absorb that extra cost. By failing to fund basic healthcare needs, you're simply costing taxpayers more money by shoving people into emergency rooms when they could have gotten preventive care appropriately elsewhere. So I see us as continuing to work much, much more forcefully together because these are not partisan issues, these are issues that every citizen in our respective states care very much about. SNCJ: Along those lines, the rift between states and the federal government seems to have grown to crisis level, with significant disagreements on everything from homeland security & Real ID to Medicaid & immigration. Given that this is an election year for both Congress and 36 governors, do you think this situation will be better or worse in 2006? Gregoire: Well, there's no question it's going to be a hard fought set of races, both at the governors level and in Congress, and we clearly have a big division between the states and the federal government right now. I would hope, as partisan as the elections will be, that at the end of the day, those who are elected as governors in particular can continue to work together because these are serious issues that are dividing us now with the federal government. SNCJ: Your state Supreme Court still hasn't rendered its decision on whether or not it will legalize gay marriage in Washington. You've been fairly outspoken that the state should take a progressive approach to this issue, but you've stopped short of endorsing the legalization of gay marriage. What do you see happening with gay marriage in 2006? Gregoire: I think everybody in our state expects our Supreme Court to rule on that issue almost every Thursday, but for some reason they haven't yet done so. Our last legislative session was probably one of the most progressive, positive and bipartisan sessions in our state's history, but we left one thing on the table that wasn't done. I think we need to come back this time and get it done, and that is sending a very clear message that Washington will not accept discrimination in any way, shape or form. SNCJ: There seems to be a growing trend among governors to travel abroad to drum up trade in the global market. You went to Asia last fall and Europe before that. Do you feel it's one of your primary responsibilities to get out there and sell the state internationally? Gregoire: Absolutely. We're the most trade-dependent state in the nation, with literally one in three jobs directly or indirectly dependent on international trade. Asia, for example, is one of our major trading partners, and I learned very clearly that trade success with those countries is totally about relationships and their respect for government officials. In China, for instance, I can introduce a Washington company that could not otherwise get its products into that market. Simply because of my role as governor, they accept that the companies I introduce are credible and they should do business with them. We've had huge success from my (August 2005) trade mission there, selling about $6.5 million dollars worth of merchandise and getting another $24 million in orders from small businesses. So this is an extremely important role for governors generally, and a key role for a governor of this state. SNCJ: Several governors have made similar inroads into Cuba. At the same time, we all know the situation with Cuba and how our government views that relationship. Given that, do you support similar trade between Washington and Cuba? Gregoire: Yes. As matter of fact, Maria Cantwell, our United States senator, has visited Cuba and was able to negotiate a number of contracts for agricultural products from our state. In my opinion, my role as governor is to let the federal government do what it needs to do in terms of its relationship with these countries, but if I want our economy to advance, I really have to be in there doing whatever I can to make sure that we're setting up good trade relationships with these countries. I'll continue to work with Cuba and I'll continue to work with Asia because my goal is to ensure that Washington is a good trading partner around the world. SNCJ: Here in CALIFORNIA, we are the land of the celebrity governor, both with the current officeholder and other Hollywood actors being touted as potential candidates for both parties. We're also seeing it now in PENNSYLVANIA with Lynn Swann seeking the GOP nomination. Given everything we have just discussed, does it concern you that we are possibly shortchanging ourselves by electing people that really don't have the background to be doing this? Gregoire: As governor, I'm the CEO of one of largest businesses in the state. I literally make decisions that affect the lives and the livelihood of 6 million people. I believe voters are looking for someone that really understands those everyday problems and who is willing to go out there and tackle them head on. I think that anybody ought to be able to run, but the job of governor can't just be turned into a popularity contest. So yes, I am troubled that we have turned it into a popularity contest and then are totally disappointed when we can't reform our education system, solve the healthcare crisis, or give an opportunity for everybody to have a good paying, high-quality job. SNCJ: All that said, if you could fix only one problem your state currently faces before you leave office, which one would it be and why? Gregoire: If I had the wand to make it happen I would solve the healthcare crisis in my state, which is a crisis in this country. We don't have the level of quality that we need and deserve. We've got hundreds of thousands of people in my state without coverage and many more thousands under-covered. If I could only have one, that's the one I'd love to solve. -- By RICH EHISEN ***************************************************************** ***** #2--BUDGET & TAXES ***** STATE BUDGET FORECAST STILL MOSTLY SUNNY: Last month, the National Conference of State Legislatures released its State Budget Update for the first quarter of fiscal year 2006. The good news is that revenue collections in most states are above forecast - in some states, significantly above. The bad news is that demands on spending have led to overruns in many states, and the report says that problem is only going to get worse in the future. So, once again budget-related issues will dominate state legislative sessions in 2006. Of the 49 states from which NCSL collected information on revenue performance (that information was not available for TEXAS), 42 reported overall revenue collections above projections. Only RHODE ISLAND took in less revenue than expected. That continues a positive trend that began after 2003, when revenue was above forecast in only eight states and below in 33. Virtually all revenue sources performed well in the first quarter, with corporate and personal income tax collections particularly strong, along with severance, real estate and utility taxes. Several states also reported high estate tax collections, but those taxes can be difficult to predict. The one significant underperformer was sales tax revenue, with seven states - CONNECTICUT, INDIANA, MASSACHUSETTS, MISSOURI, NEW JERSEY, OHIO and Rhode Island - reporting collections below forecast. Officials in those states attribute the lackluster receipts to the chilling effect the spike in automobile fuel and home heating costs had on consumer spending on other goods and services. But the robust performance of other revenue sources was enough to offset the sales tax dip. And state officials believe that overall positive revenue trend is going to continue the rest of the year. Twenty-six projected their revenue performance would remain stable, while 22 actually expected it to improve. Only officials in Rhode Island and hurricane-ravaged LOUISIANA were concerned or pessimistic about their revenue outlook. Once again, that's a big change from FY 2003, when 38 states expressed doubts about their immediate fiscal future. The good feelings most state officials have about their revenues, however, are counterbalanced by the bad ones many of them have about the ever-increasing demands on those dollars. Nineteen states reported spending overruns in the first quarter of FY 2006. As in previous years, Medicaid was the main culprit, outgrowing the budget in 12 states. Corrections was another problem area, cited by seven states. Several states also reported overages in home heating assistance and education spending. According to the survey, those issues are going to figure prominently in this year's legislative sessions. Medicaid, in particular, as the fastest-growing category of state spending (rising from 12 percent of general fund budgets in FY 1995 to 17 percent last year) will receive plenty of attention from lawmakers. Among the issues expected to be addressed are enrollment and utilization growth, waivers, the reduction of the Federal Medical Assistance Percentage in a number of states, the effects of the federal prescription drug program and the rising cost of healthcare in general. Officials in 15 states said education would be a top priority in 2006. The dominant issues will be class size reduction, changing funding formulas and teacher salaries. Enrollment increases will also be on the agenda in several states. GEORGIA, for example, is expecting 10,000 new students from Louisiana and MISSISSIPPI. Taxes will be a top priority in 14 states. At least seven will consider property tax reform. And in the wake of last year's passage of Referendum C in COLORADO, suspending that state's Taxpayers Bill of Rights (TABOR) law, six states will take up tax and spending limits. One of those states is actually Colorado, where lawmakers will address the implementation of Referendum C. Connecticut will weigh whether to relax its own spending cap, while at least four other states - PENNSYLVANIA, Rhode Island, SOUTH CAROLINA and WISCONSIN - will decide whether to impose TABOR-like restrictions. At least 11 states will deal with general budget issues, such as lingering concerns about the use of one-time revenue sources and structural budget deficits. Lawmakers in a few states, including VIRGINIA and WYOMING, will be fortunate enough to be able to decide what to do with large revenue surpluses. Other notable session topics include transportation and infrastructure (10 states), corrections (five states), pensions and retirement (ALASKA, WASHINGTON and WEST VIRGINIA), gambling expansion (INDIANA and Rhode Island), hurricane recovery (Louisiana and MISSISSIPPI), a new gas pipeline in Alaska, housing in HAWAII and new sports stadiums in MINNESOTA. Finally, with fuel prices frequently in the headlines in the wake of Hurricanes Katrina and Rita, NCSL also asked state officials to address the impact of higher energy costs on their budgets. Seventeen indicated that their states were considering or had already decided to make supplemental energy appropriations. A few also said their states were undertaking conservation measures. Georgia, for example, has implemented alternative work schedules and telecommuting programs for public employees. BUDGETS IN BRIEF: Over the holidays, LOUISIANA received a $155.7 million bill from FEMA for its share of the agency's hurricane recovery efforts. State officials said they don't know how they're going to pay it - or the other $3 billion they're expected to be charged in the coming months - but they are working with federal officials on a payment plan (ASSOCIATED PRESS, ADVOCATE [BATON ROUGE]). CALIFORNIA Gov. Arnold Schwarzenegger (R) announced a plan last week to begin repaying money the state borrowed from schools in recent years to balance the budget. The governor's initial pledge of $1.7 billion comes just two months after he waged an abortive special election battle against teachers and other public employees, and less than a year before he faces another fight to hold on to his office (LOS ANGELES TIMES). · Officials from COLORADO's Department of Corrections stated in a briefing last Tuesday to the Legislature's Joint Budget Committee that as a result of budget cuts in recent years, the state has run out of prison space for it's highest-security prisoners and will run out of room for any new prisoners later this year (ROCKY MOUNTAIN NEWS [DENVER]). · A new study by the Health Policy Institute of OHIO projected that the $745 million in cuts the Buckeye State made to Medicaid this year will end up eliminating 24,000 jobs over the next two years. Researchers said that with federal matching funds, each $1 million Ohio spends on Medicaid provides about 32 jobs in the state (DAYTON DAILY NEWS). MISSISSIPPI Lt. Gov. Amy Tuck (R) said she has put Senate leaders to work on a cigarette tax increase offset by a reduction in the tax on groceries so it is "revenue neutral." A straight 50- cent-per-pack cigarette tax increase died in the Senate last year, in part because Tuck opposed it. Her reversal places her at odds with Gov. Haley Barbour (R), who opposes "raising anybody's taxes, period," according to a spokesman (SUN HERALD [BILOXI], CLARION-LEDGER [JACKSON]). · NEW YORK Gov. George E. Pataki (R) said last Tuesday the state is now expecting a budget surplus of $2 billion, twice earlier estimates and a "dramatic turnaround" from last year's projected $4 billion shortfall (NEW YORK TIMES). · The head of WISCONSIN's department of consumer protection asked the five major oil companies operating in the state to voluntarily contribute a portion of their recent record profits to assist poor residents with their winter energy bills. The companies unanimously declined, maintaining that is the state and federal government's job, through the Low-Income Home Energy Assistance Program (CAPITAL TIMES [MADISON]). - Compiled by KOREY CLARK ***************************************************************** ***** #3--POLITICS & LEADERSHIP ***** REDISTRICTING REFORMERS REGROUP IN CA: Backers of a failed CALIFORNIA ballot proposition to stop state lawmakers from drawing their own legislative and congressional districts are trying again. But after suffering an overwhelming defeat during the Nov. 8 special election, they have modified their strategy by eliminating two of the measure's (Prop. 77) most controversial provisions. The first called for an immediate, mid-decade redrawing of the political boundaries while the other would have assigned redistricting duties to a minuscule three-person panel of retired judges. Under the new plan unveiled last week, the task would instead be handled by an 11-member citizens commission, which wouldn't undertake its first redistricting effort until after the next census in 2010. What may improve the new plan's chances even more, however, is that Gov. Arnold Schwarzenegger (R) had nothing to do with its creation. An endorsement by the governor in last year's special election was basically a "kiss of death;" every measure he backed -- including Prop. 77 -- went down to defeat. Derek Cressman, director of TheRestofUs.org, a political watchdog group that helped craft the current proposal, stressed that point, stating, "This effort is a truly independent, grass-roots effort that's not affiliated with any politician or party." Other groups involved with the new re-map campaign include People's Advocate, Mobilizing America's Youth, California Public Interest Research Group, Committee for an Independent Voice and the Mexican American Political Association. The coalition is hoping to get its proposal on the ballot in November. (SACRAMENTO BEE) ME HOUSE DEMS CONSIDER POWER SHARE: At the end of last month, MAINE Rep. Barbara Merrill (D) left the state's majority party to become an un-enrolled, or independent, lawmaker. That she did so because she believes the state's Democratic leaders are out of touch with average Mainers was bad enough. But coming on the heels of two other defections from party ranks in the House, it also stripped the Democrats of their majority in the chamber, giving the Republicans an equal number of seats, 73, with one Green Independent Party member and four independents. Republicans pounced on the opportunity, requesting immediate power-sharing negotiations with House Speaker John Richardson (D). Observers say Richardson could have a difficult time maintaining a delicate balance between Republican demands and Democratic priorities even for the short four months that remain in the second half of the 122nd legislative session. Richardson is undoubtedly aware that while the House currently requires a two-thirds vote to remove him, the chamber could adopt rules allowing that move with only a simple majority. And House GOP leader David Bowles gave the speaker something else to think about. "We have an election cycle coming up ahead, and there are many who fully expect Republicans to capture the House," he said. "It's not only incumbent upon the Democrats, but wise of the Democrats at this point to be more accommodating to Republicans. If the shoe is overturned during the next election cycle, they're going to be looking for fair treatment from our speaker." (BANGOR DAILY NEWS) AT THE POLLS: Democrats and Republicans held on to their respective seats in the VIRGINIA General Assembly in a special election there last Tuesday. In the 3rd House of Delegates District, Democrat Danny C. Bowling fended off Republican T. Shea Cook and two independents to claim the seat of Del. Jackie T. Stump (D), who resigned last month for health reasons. And in the 4th Senatorial District, Republican Del. Ryan T. McDougle defeated Democrat Roger G. Cavendish to retain the seat of Sen. Bill Bolling (R), who was elected lieutenant governor in November. But the outcome of the election may be more of a victory for the Democrats; they managed to keep their House seat despite having been vastly outspent by the GOP in a bid to counter losses in the past two general elections that have cut into their solid majority in the chamber. (ASSOCIATED PRESS, VIRGINIAN-PILOT [NORFOLK], RICHMOND TIMES-DISPATCH) POLITICS IN BRIEF: So far, the exodus of PENNSYLVANIA lawmakers political analysts predicted after last year's voter revolt over legislative pay raises has not come to pass. Although 11 incumbents have announced they will not seek reelection this year, that number is below the average over the past 10 election cycles, which is 16 (PHILADELPHIA INQUIRER). * MISSISSIPPI's Senate Constitution Committee unanimously approved a plan last week to eliminate the electoral provisions for statewide races. The Magnolia State is one of only two states with such provisions for state office. (The other is VERMONT). Currently, candidates must obtain a majority of both the popular vote and the state's 122 electoral votes (one for each House district) in order to win. The amendment now goes to the full Senate. If approved by both chambers, it would then go before the state's voters in November (BOSTON GLOBE, ASSOCIATED PRESS). * Last week, Dana Seum Stephenson gave up her yearlong fight for KENTUCKY's 37th District Senate seat, resigning from the post without ever serving. In a written statement, Stephenson said she was taking the action to avoid letting the ongoing legal dispute over her residency status upset the legislative session. A special election to fill the seat may be held next month (COURIER-JOURNAL [LOUISVILLE]). * ILLINOIS Senate President Emil Jones (D) underwent balloon angioplasty last Tuesday to clear a minor blockage in his right coronary artery. But the 70-year-old Jones -- the state's second black Senate president -- is expected to be ready for work when the General Assembly convenes this week (ASSOCIATED PRESS, DAILY HERALD [ARLINGTON HEIGHTS], STATE JOURNAL-REGISTER [SPRINGFIELD]). -- Compiled by KOREY CLARK ***************************************************************** ***** #4--GOVERNORS ***** SWANN MAKES RUN FOR PA GOV JOB: Former Pittsburgh Steelers great Lynn Swann ended months of speculation last week by formally announcing he will seek the GOP nomination for PENNSYLVANIA governor this fall. Although a recent Keystone Poll shoes incumbent Ed Rendell (D) with only a 39 percent approval rating, history is not on Swann's side: No Pennsylvania governor seeking re-election has lost since 1974, and Pennsylvania has also elected only white males to its top statewide offices. There has in fact been only one African-American governor in any state, former VIRGINIA Gov. L. Douglas Wilder, who served from 1990- 1994. The same Keystone Poll last November, however, showed Swann is running neck-and-neck with former lieutenant governor Bill Scranton, his chief rival in May's Republican primary. The state GOP will give an official endorsement to one candidate on Feb 11. (USA TODAY) RILEY WANTS EMINENT DOMAIN AMENDMENT: ALABAMA Gov. Bob Riley (R) said last week he supports making the state's new eminent domain law a constitutional amendment. Last July, Riley called the Legislature into special session and won enactment of a law preventing city and county governments from condemning property to use for private development, such as a shopping center or manufacturing plant. The law still allows the use of eminent domain for traditional projects, such as schools, parks and roads, and to remove blighted neighborhoods. (BIRMINGHAM NEWS) SCHWARZENEGGER AGAIN DENIES CLEMENCY: CALIFORNIA Gov. Arnold Schwarzenegger (R) opted to not give a private clemency hearing to a convicted killer sentenced to die on Jan 17 for ordering the murders of three people. Clemency advocates argued that the 75- year-old man should be spared because he is now deaf, legally blind and confined to a wheelchair. Schwarzenegger recently drew both world-wide praise and condemnation for his refusal to grant clemency to convicted murderer Stanley "Tookie" Williams, who published several children's books from jail that sought to keep kids from adopting gang lifestyles. (SAN DIEGO UNION TRIBUNE) WARNER ORDERS DNA TESTING...12 YEARS LATER: VIRGINIA Gov. Mark Warner (D) ordered new DNA testing to determine whether a man convicted of rape and murder was innocent when he was executed in 1992. The case of Roger Coleman, convicted of raping and murdering his 19-year-old sister-in-law, drew international attention at the time, including an appeal for clemency from Pope John Paul II. Warner said he ordered the tests because technological advances can now provide a level of forensic certainty not available in the 1980s, noting that "This is an extraordinarily unique circumstance, where technology has advanced significantly and can be applied in the case of someone who consistently maintained his innocence until execution." Coleman's defense team contends that DNA evidence used to convict him was misinterpreted, a charge both the state crime lab and prosecutors deny. Neither side would speculate when the testing will be complete (VIRGINIAN-PILOT [NORFOLK]). GOVERNORS IN BRIEF: MICHIGAN Gov. Jennifer Granholm (D) signed legislation last week that allows urban areas to cut tax rates for some homeowners in an effort to encourage growth (LANSING STATE JOURNAL). * ILLINOIS Gov. Rod Blagojevich (D) said he will call for new state rules that would force the Prairie State's coal-fired power plants to curb mercury emissions by as much as 90 percent within the next three years. Although the governor is expected to have little problem moving the rules through a state board filled with his own appointees, any changes must be approved by the Legislature before they could be enacted (CHICAGO TRIBUNE). * MARYLAND Gov. Robert L. Ehrlich, Jr. (R) said he will return more than $16,000 in campaign donations he received from Washington D.C. lobbyist Jack Abramoff, who last week pleaded guilty to conspiracy, tax evasion and fraud charges in an ongoing federal influence peddling probe (BALTIMORE SUN). * TEXAS Gov. Rick Perry (R) said last week that he thinks Lone Star State schools should be teaching the theory of intelligent design alongside evolution in science classrooms. Perry's comment came in response to a federal judge's ruling that intelligent design is akin to creationism, thereby making the teaching of it unconstitutional (AUSTIN AMERICAN-STATESMAN). -- Compiled by RICH EHISEN ***************************************************************** ***** #5--IN THE HOPPER ***** State Net tracks tens of thousands of bills in all 50 states and Congress at any given time. Here's a snapshot of what's in the legislative works: State Net tracks tens of thousands of bills in all 50 states and Congress at any given time. Here's a snapshot of what's in the legislative works: Number of 2006 prefiles last week: 1,255 Number of 2006 Intros last week: 3,839 Number of bills enacted/adopted last week: 99 Number of 2006 prefiles to date: 6,829 Number of 2006 Intros to date: 5,513 Number of enacted/adopted overall in 2006: 598 -- Compiled By JAMES ROSS (measures current as of 01/05/2006) Source: State Net database The week in session States in Regular Session: AK, AL, AZ, CA, CO, DC, DE, GA, IA, ID, IL, IN, KS, KY, MA, MD, ME, MI, MO, MS, NE, NH, NJ, NY, OH, PA, RI, SC, SD, TN, VA, VT, WA, WI, WV States in Informal Session: States in Veto Session: States in Special Session: CA "a" States in Recess: PA Special Sessions in Recess: OK "a", PA "a" States Projected to Adjourn: States in Special Session Projected to Adjourn: DE "a", DE "b" States Adjourned in 2006: States in Special Session Adjourned in 2006: -- Compiled By JAMES ROSS (session information current as of 01/06/2006) Source: State Net database ***************************************************************** ***** #6--HOT ISSUES ***** BUSINESS: The U.S. poultry industry announces plans to test every chicken flock in the country for bird flu before sending it to slaughter. The National Chicken Council says more than 90 percent of the industry has already agreed to the testing plan, with more expected to soon follow. The U.S. produced more than 9.5 billion chickens in 2005 (ASSOCIATED PRESS). * FLORIDA Gov. Jeb Bush (R) signs legislation that will allow several Sunshine State parimutuel gambling sites to add slot machines to their gaming offerings. The slots will be limited to only Broward County, with no more than 6,000 machines in operation. Analysts estimate the slots will pull in more than $100 million in revenue in their first year of operation, which by law must supplement state education funding (MIAMI HERALD). CRIME & PUNISHMENT: The OREGON Supreme Court rules that juries have the authority to decide longer sentences, based on factors such as the use of a gun or racial motivation, at the same time or after they decide the guilt of a defendant. The high court also rules that asking juries to consider new sentences for already- convicted criminals does not violate the constitutional ban against being tried twice for the same crime (STATESMAN JOURNAL [SALEM]). * The WYOMING Supreme Court rules that probation orders allowing law enforcement officers to search defendants at will are constitutionally acceptable. The decision stems from a case that claimed such searches violate the 4th Amendment (CASPER STAR TRIBUNE). * MICHIGAN Gov. Jennifer Granholm (D) signs a measure that bans torture in the Wolverine State. Prosecutors requested the legislation after they were unable to charge an assailant with the crime because there was no statute on the books (LANSING STATE JOURNAL). EDUCATION: The FLORIDA Supreme Court strikes down the state's school voucher system, saying it violates the Sunshine State's constitutional requirement of a uniform system of free public schools. The 1999 law, which was the first of its kind in the nation, allowed students at public schools that earn a failing grade from the state in two out of four years to receive vouchers to attend private schools (ASSOCIATED PRESS). * The Dover School District in PENNSYLVANIA officially rescinds its policy requiring the reading of a statement pointing out "gaps" in Charles Darwin's theory of evolution and offering intelligent design as an alternative. The decision was viewed by many as a formality after a court ruled weeks ago that the policy was unconstitutional. That decision ended what was widely viewed by both religious fundamentalists and the scientific community as the preeminent test case on intelligent design. Voters in November had previously voted out eight of the nine school board members who adopted the policy in 2004 (PHILADELPHIA INQUIRER). ENVIRONMENT: IDAHO Gov. Dirk Kempthorne (R) signs an agreement with federal officials that gives the Gem State control over managing its wolf population. It is the first time the state has had such control since the 1990s. Under the agreement, ranchers may obtain permits to kill problem wolves through the state rather than by petitioning the U.S. Dept. of Fish and Game (KCBI NEWS [BOISE]). HEALTH & SCIENCE: RHODE ISLAND lawmakers vote overwhelmingly to override a veto from Gov. Don Carcieri (R) and approve the use of marijuana for medical purposes. Under the law, which lawmakers initially passed last June, patients whose doctors or caregivers recommend marijuana will be able to legally possess up to 12 plants or 2.5 ounces of marijuana without danger of state arrest and prosecution. Federal law, however, still bars all marijuana possession. The Ocean State becomes the 11th to legalize medical marijuana use (PROVIDENCE JOURNAL). * FLORIDA health officials announce plans to expand a new screening process that tests for more than 30 newborn disorders, many of which are potentially deadly, to all Sunshine State maternity hospitals. The state began the new screening process last year, but only in select facilities (MIAMI HERALD). SOCIAL POLICY: WISCONSIN officials say they will offer comprehensive dental insurance to all state employees and their unmarried domestic partners as part of a new labor contract. The Badger State Legislature has previously blocked similar attempts to include same-sex or unmarried partners from being able to receive state benefits. The new plan calls for the employee to pay for the full cost of the coverage (WISCONSIN STATE JOURNAL [MADISON]). -- Compiled by RICH EHISEN ***************************************************************** ***** #7--ELECTIONS ***** UPCOMING ELECTIONS (01/05/2006 - 01/26/2006): 01/10/2006 Virginia Special Election House 023 01/10/2006 Wisconsin Special Election Assembly 033 01/12/2006 Tennessee Special General House 022 01/17/2006 Texas Special Election House 048 01/24/2006 Alabama party primaries House 031 ***************************************************************** ***** #8--ONCE AROUND THE STATEHOUSE LIGHTLY ***** JAM THIS: As though a traffic accident isn't enough to ruin your day, now some folks in INDIANA want to add insult to injury -- literally. According to the Indianapolis Star, drivers who cause smash ups that snarl traffic may also be slapped with a "bad driver surcharge;" in other words, a hefty fine. State highway officials say the motive behind the proposed fine is twofold: curtail accidents that backup highways and -- more important -- raise additional money for the highway construction program. The proposal first must be approved by the Legislature where observers say it likely will be, uh, tied up. AWASH IN CONFIDENCE: Over the past two years, reports the Los Angeles Times, the mammoth Los Angeles Department of Water and Power has spent over $1 million on a public-relations effort to promote itself and the quality of its drinking water to residents of Southern CALIFORNIA. Not that DWP itself bought into the PR campaign. During that same time period, department employees drank a brand of bottled water called "Sparkletts" -- $31,160 worth, by the way. City Controller Laura Chick discovered the expenditure during an audit. AWASH IN CURIOSITY: The most popular bus ride in LOUISIANA these days is the Gray Line tour of New Orleans' devastation. As the Associated Press notes, the Gray Line offered one tour of areas whacked by Hurricane Katrina but quickly had to add two more because of demand. Called "America's Worst Catastrophe," the tour takes three hours and includes Canal Street where most businesses are still boarded up. Those who take the tour say they do so with a mix of curiosity and guilt. INFLATION: Back in January 2004, a city water main broke in the west FLORIDA city of Tampa, flooding a few streets and causing damage to nearby homes. One of the water-logged homes, notes the St. Petersburg Times, was a two-bedroom, two-bath bungalow owned by Tina Tyler. Her out-of-pocket loss: $15,000 to replace appliances and furniture. The city offered her $10,000 to help pay repairs, but Tyler turned it down and has wrangled ever since over the size of her compensation package. Now, she's upped the ante by seeking restitution to the sum of $2 million. That would be 30 times the assessed value of her home. The city has six months to respond. NO "ARNOLD" FOR NEW YORK: It took less than a day for the rumor to become a story, but such is the nature of news about celebrity tycoon Donald Trump. Last Monday, the Associated Press reported that Trump was being touted to run for governor of NEW YORK in 2006 as a Republican, taking on Democratic Attorney General Eliot Spitzer. One day -- and one interview with the New York Post -- later, Trump had ruled himself out of the governor's race, praising Spitzer and hinting that he may instead consider running for president in 2008. No reason to take the little job when you can have the big one. POSTER CHILD: Officials in NEVADA would very much like the U.S. Fish and Wildlife Service to take the gray wolf off The Silver State's list of endangered species. The reason, reports the Associated Press, is simple: There are no gray wolves in Nevada. Mountain lions, black bears, bighorn sheep -- yes. But no gray wolves. And why? Because, notes the state Division of Wildlife, wolves have been extinct in this part of the West for decades. Which seems a fairly sound argument for keeping wolves on the list. After all, you can't get much more endangered than to have been hunted to extinction. NOW BATTING FOR YAKIMA: He may not have been Hall of Fame material, but former Seattle Mariners third baseman Dave Edler has been elected mayor of Yakima, WASHINGTON. A Yakima native, the 49-year-old Edler toiled for the Mariners from 1980 to 1983, scratching out a .216 batting average with six home runs. Mostly a reserve, he batted over 100 times only once in his brief career (1982). Edler, named to the mayor's job by the City Council, won his Council seat in 2003, reports the Associated Press. His term ends in December 2007. -- By A.G. BLOCK ***************************************************************** ***** #9--IN CASED YOU MISSED IT ***** In case you missed it: Matthew Bettenhausen The 9/11 Commission recently said that Congress and the White House have not done enough to meet America's security needs, making us vulnerable to new terrorist attacks. But what are those needs, and how should we best go about addressing them? On Dec. 19, the State Net Capitol Journal discussed some of these complex and challenging issues with CALIFORNIA Director of Homeland Security Matthew Bettenhausen. In case you missed it, the interview can be found in the archives section of our Web site at www.statenet.com/resources/ ***************************************************************** State Net Publications """""""""""""""""""""" Editor: Rich Ehisen, e-mail: capj@statenet.com Assoc. Editor: Korey Clark, e-mail: capj@statenet.com Contributing Editor: A.G. Block, e-mail: capj@statenet.com Copyright 2005, Information for Public Affairs, Inc. ***************************************************************** To receive future issues in PDF or HTML format contact our Help Desk at 800/726-4566 or email helpdesk@statenet.com. To unsubscribe, go to http://statenet.com/unsubscribe *****************************************************************