State Net ************************************************** C A P I T O L J O U R N A L ************************************************** News & Views from the 50 States ================================================================= Volume XVIII, No. 3 Monday, February 1, 2010 ================================================================= ##### TOP OF THE NEWS ##### SNCJ SPOTLIGHT ............................1 * States plan to deal with disasters here BUDGET & TAXES ............................2 * OREGON voters say tax the rich POLITICS & LEADERSHIP ............................3 * Campaign finance ruling may open political floodgates UPCOMING ELECTIONS ............................4 GOVERNORS ............................5 * Patrick pitches more pension reform UPCOMING STORIES ............................6 HOT ISSUES ............................7 IN THE HOPPER ............................8 ONCE AROUND THE STATEHOUSE LIGHTLY ............................9 IN CASE YOU MISSED IT ...........................10 *** The next issue of Capitol Journal will be available on February 8th. ***************************************************************** ***** #1--SNCJ SPOTLIGHT ***** States plan to deal with disasters here The human suffering caused by the earthquake in Haiti has touched the sensibilities of people throughout the world. Vivid media coverage has brought the horror and hunger of Haiti -- along with occasional glimmers of hope -- into the living rooms of Americans. This in turn has produced an outpouring of hundreds of millions of dollars in charitable contributions, exceeding even the donations after the destructive Indian Ocean tsunami of 2004, as well as American volunteers who have provided medical and humanitarian aid and may eventually assist in the rebuilding of Haiti. The Haitian earthquake is a reminder that natural calamity can strike anywhere at any time. In CALIFORNIA, the long-expected Big One is a matter of "when," not "if." A 2007 scientific study determined that CALIFORNIA has a 99.7 percent chance of an earthquake of 6.7 magnitude within 30 years and a nearly even chance of a quake of 7.5 magnitude or greater within that same time frame. Buildings in CALIFORNIA are generally less flimsy than in Haiti, but a major earthquake nonetheless would probably cause widespread destruction, disrupt ground transportation, and sever gas and water lines. A "shakeout earthquake scenario," issued by seismologists in 2008, said that a likely 7.8 quake on the southern San Andreas Fault would kill 1,800 people and injure another 50,000. It would also destroy thousands of homes, most of them uninsured for earthquakes. Except for San Francisco in 1906, where 3,000 people died from an earthquake of an estimated 7.7 magnitude, most of them in the resulting fire, the United States has been fortunate in that its largest quakes have occurred in sparsely populated areas. The Great ALASKA Earthquake of 1964 had a magnitude of 9.2 and might have killed or injured hundreds of thousands in an urban setting. The death toll from the quake and resulting tsunamis was 131. Geologists believe that even more severe quakes, three of them, occurred on the New Madrid fault in southeast MISSOURI, about 175 miles from St. Louis, in 1811 and 1812. Since almost no one lived there at the time, casualties were minimal. In this century the most devastating natural disaster in the United States was not an earthquake but Hurricane Katrina, which in 2005 claimed more than 1,800 lives and devastated the Gulf Coast from central FLORIDA to TEXAS, leaving scars that remain especially visible in New Orleans. The phrase "natural disaster" does not tell the full story. The neglect of the levees that were supposed to protect New Orleans as well as the channeling of the Mississippi River and the erosion of the barrier reefs by oil drilling were man-made invitations to disaster. It could happen again. Nor is the threat of breached levees limited to LOUISIANA; more than half the nation's counties have levees, some in disrepair. Both the Atlantic and Gulf coasts face a perennial threat from hurricanes. This year's early forecast puts the chance of a major hurricane making landfall at 40 per cent. Natural calamities cannot be prevented, but public policies can be devised that enable survivors to rebuild their homes and lives. "Many people have a false expectation that the federal government will come swooping in after a disaster," says Glenn Pomeroy, who heads the California Earthquake Authority. "That usually doesn't happen." Pomeroy knows what he's talking about. He was NORTH DAKOTA state insurance commissioner in April 1997 when the swollen Red River surged over its banks and flooded much of Grand Forks. Residents with flood insurance were able to rebuild, while many of the uninsured could not. It would be worse in CALIFORNIA after a major urban earthquake; only 12 percent of Californians with homeowners insurance also have quake insurance, most of it through the California Earthquake Authority (CEA). This quasi-public agency was established after the Northridge Earthquake of January 1994, a magnitude 6.7 temblor that killed 72 people, severed gas and water lines, and knocked seven freeways out of service. Your columnist covered this calamity as a reporter for the Washington Post and has enduring memories of a grim scene at the Northridge Meadows apartments, where I watched bodies being pulled from the wreckage of a building in which the second and third floors had collapsed on the first, killing people in their sleep. Sixteen people, many elderly, died in this one apartment building, which was un-reinforced and perched on top of a parking area. The California Seismic Safety Commission says such buildings are inherently unsound and are prevalent throughout the state. Earthquake insurance in CALIFORNIA, where a majority of residents live within 20 miles of a major fault, has been problematic since its inception. Premiums for this insurance, sold by the CEA through commercial companies, cost several hundred dollars a year and the deductible is 15 percent of the home's insured value. Even homeowners with insurance would face substantial out-of-pocket expenses after an earthquake. Overall, according to a CEA estimate, a maximum of 10 percent of residential losses and 20 percent of commercial losses would be covered by insurance after a projected 7.2 quake on the Hayward fault in northern CALIFORNIA. In Katrina slightly more than half the losses were covered by insurance, including payouts from the National Flood Insurance Program. A principal barrier to providing affordable earthquake insurance in CALIFORNIA and affordable storm-damage insurance in the Gulf Coast states is the high cost of reinsurance, which insurance companies buy to protect themselves from claims they can't meet. In CALIFORNIA, 40 cents of every dollar charged for earthquake insurance is spent on reinsurance. To reduce premiums, the CEA is seeking a federal guarantee for bonds that could be sold to reimburse losses after a major earthquake. If the earthquake authority had this power -- guaranteeing bond sales with the full faith and credit of the federal government -- it could reduce premiums and deductible amounts for earthquake insurance. This in turn would enable millions of uninsured Californians to buy such insurance. Three of the Gulf Coast states -- FLORIDA, LOUISIANA, and TEXAS -- have quasi-public agencies similar to CEA to provide insurance from storm damage. The Louisiana Citizens Property Insurance Corporation sold a billion dollars worth of bonds after Katrina to provide reimbursements for its 125,000 policy holders, "It would be a question in today's financial markets if we could sell these bonds as readily without a federal guarantee," said John Wortman, the chief operating officer of Louisiana Citizens. Legislation to provide such a guarantee has been introduced in the Senate by the four U.S. senators from CALIFORNIA and FLORIDA and in the House by Rep. Loretta Sanchez (D-CA), with several co-sponsors. Backers of the bill recognize that it may be an uphill struggle to obtain congressional passage of the measure in the tempestuous political environment of an election year. By starting now, they hope to win approval by 2011. The legislation, known as the Catastrophe Obligation Guarantee Act (COGA), is no giveaway. An evaluation ("scoring") by the non-partisan Congressional Budget Office found it would cost $25 million over ten years, a small amount in comparison to the billions of dollars that would be required for rebuilding a state shattered by an earthquake or a hurricane. The legislation has a safeguard: any public entity that seeks a federal guarantee for bond sales would need pre-certification from the U.S. Treasury that it is charging sound rates for its insurance products. In a year when the domestic headlines are dominated by the economy and the uncertain fate of health care reform, COGA is a backburner item. But Haiti is a reminder that we never know when and where disaster will strike. The Big One is coming, and we should prepare for its aftermath. -- By Lou Cannon ***************************************************************** ***** #2--BUDGET & TAXES ***** OREGON VOTERS SAY TAX THE RICH: Last Tuesday, OREGON voters approved a pair of ballot initiatives that will raise $727 million by targeting the wealthy and corporations. Measure 66 will hike income taxes on individuals earning over $125,000 a year and households earning over $250,000. Measure 67 will replace the state's 79-year-old, $10-minimum corporate income tax with a new sliding scale. Both measures were actually passed by the Democrat-controlled Legislature last year, but opponents gathered enough signatures to bring them before voters. Besides being an historic vote for the Beaver State -- the first general tax increase approved by voters since 1930 -- the election also had national implications. It was the first popular vote on an emerging trend in state legislatures of targeting the wealthy for tax hikes. OREGON was among eight states that raised personal income taxes on their top earners last year. In addition, coming just one week after Republican Scott Brown's victory in MASSACHUSETTS' U.S. Senate race, the vote represented another test of Democrats' standing in a traditionally blue state ahead of this year's crucial midterm elections. (STATELINE) TRANSIT STIMULUS FUNDS EN ROUTE: The Obama administration released a list of the recipients of $8 billion in federal rail stimulus funds last week. The biggest single award winner was CALIFORNIA, which will receive $2.25 billion to begin work on a high-speed system that could eventually span 790 miles from San Diego to Sacramento. Large sums will also go to FLORIDA ($1.25 billion to develop a high-speed rail link between Tampa and Orlando) and ILLINOIS ($1.1 billion to boost the speed of passenger trains running between Chicago and St. Louis). In all, 13 rail corridors in 31 states will receive the funds set aside as part of the economic recovery plan enacted last year (WALL STREET JOURNAL, STATELINE, ASSOCIATED PRESS) BUDGETS IN BRIEF: Despite the fact that his state is facing a budget deficit of up to $3.2 billion, FLORIDA Gov. Charlie Crist (R) is seeking a $57 million tax cut for Sunshine State corporations. Crist, who is running for the U.S. Senate, said the proposal is needed to help businesses create more jobs and reduce the state's 11.8 percent unemployment rate (USA TODAY). * RHODE ISLAND Gov. Donald Carcieri (R) has shelved a plan to overhaul the state's tax system, saying it is too complex and ill-timed. The plan would have imposed a new net receipts tax on businesses and cut or eliminated some existing state taxes, including the personal income tax (PROVIDENCE JOURNAL). * For the first time in U.S. history, more union members work for the government than for private companies, the Bureau of Labor Statistics announced last month. The bureau found that as a result of the precipitous decline in private sector membership in 2009, the 7.9 million unionized public sector workers now easily outnumber the private sector's 7.4 million (NEW YORK TIMES). -- Compiled by KOREY CLARK ***************************************************************** ***** #3--POLITICS & LEADERSHIP ***** CAMPAIGN FINANCE RULING OPENS POLITICAL FLOODGATES: Two weeks ago, the U.S. Supreme Court finally issued the decision that had been expected for months. (See "Courts may usher in new era of pay-to-play" in Oct. 12, 2009 issue.) And the ruling was the expected one, lifting the ban on campaign advertising by unions and corporations in candidate elections. The Jan. 21 decision in Citizens United v. FEC didn't come easily for the justices. The court's swing vote, Justice Anthony Kennedy, joined his more conservative colleagues, Chief Justice John G. Roberts Jr., and Justices Antonin Scalia, Clarence Thomas and Samuel A. Alito Jr., in the 5-4 ruling striking down the corporate spending ban on free speech grounds. "If the First Amendment has any force, it prohibits Congress from fining or jailing citizens, or associations of citizens, for simply engaging in political speech," Kennedy said in his majority opinion. The court's liberal minority couldn't have disagreed more. In a 20-minute summary of his dissent delivered from the bench, Justice John Paul Stevens said, "The notion that the First Amendment dictated [today's ruling] is, in my judgment, profoundly misguided." He went on to say: "In the context of election to public office, the distinction between corporate and human speakers is significant. Although they make enormous contributions to our society, corporations are not actually members of it." Stevens also took issue with the breadth of the ruling -- which encompassed the spending ban's constitutionality, even though that issue had never been raised in the lower court's consideration of the case -- as well as with the majority's willingness to dispense with 100 years of precedent. That included a ruling just seven years ago upholding the constitutionality of the so-called McCain-Feingold campaign finance reform act's ban on union- and corporate-paid issue ads in the days before an election. "There were principled, narrower paths that a court that was serious about judicial restraint could have taken," Stevens said, a remark that seemed directed particularly at Chief Justice Roberts, who had assured the U.S. Senate during his confirmation that he believed in "judicial self-restraint." Roberts anticipated that criticism in his concurring opinion, stating that there was "a difference between judicial restraint and judicial abdication." He said some Supreme Court decisions proved to be so wrong that overturning them was justified. He added that if the court never revisited earlier rulings, "segregation would be legal, minimum wage laws would be unconstitutional and the government could wiretap ordinary criminal suspects without first obtaining warrants." The debate continued outside the courtroom. A Wall Street Journal editorial declared: "the Supreme Court issued a landmark decision supporting free political speech by overturning some of Congress's more intrusive limits on election spending. In a season of marauding government, the Constitution rides to the rescue one more time." The New York Times' editorial board, on the other hand, railed: "With a single, disastrous 5-to-4 ruling, the Supreme Court has thrust politics back to the robber-baron era of the 19th century. Disingenuously waving the flag of the First Amendment, the court's conservative majority has paved the way for corporations to use their vast treasuries to overwhelm elections and intimidate elected officials into doing their bidding." In the context of those assessments, The Los Angeles Times' observation that "Thursday's decision, with conservatives on one side and liberals on another, inevitably will encourage the impression that the court is just another political body" seemed to be a case of stating the obvious. But as the Associated Press pointed out, the court has managed to achieve greater unanimity on major rulings in the past. "Chief Justice Earl Warren assiduously courted Justice Stanley Reed of Kentucky to ensure that there would be no dissent -- much less from a Southerner -- to the Brown v. Board of Education decision that outlawed segregation in public schools," wrote the AP's Mark Sherman. "Even at the time of Roe v. Wade in 1973, decided 37 years minus one day before the campaign finance case, seven justices formed the majority that declared a woman has a constitutional right to an abortion. Of those seven, five were appointed by Republican presidents, including three by Richard Nixon." The ideological divide over the court's current ruling extended to government quarters where partisanship is more expected. Republicans in Congress generally supported the decision, while Democrats lamented it. Even the bipartisan duo responsible for McCain-Feingold expressed contrasting views. Sen. Russell Feingold (D-WISCONSIN) called the decision "a terrible mistake." "The American people will pay dearly for this decision when, more than ever, their voices are drowned out by corporate spending in our federal elections," he said. Sen. John McCain (R-ARIZONA), meanwhile, said only that he was "disappointed by the decision." Both senators did point out, however, that the ruling maintained their bill's ban on soft money, corporate contributions to political parties. Some Democrats did more than just criticize the ruling. In addition to calling the decision a "major victory" for Wall Street, President Obama pledged to "work immediately" with Congress to develop a "forceful response." Democratic Congressional leaders vowed likewise, although it's unclear how much they'll be able to do given an agenda that is already stalled in the Senate and a Supreme Court decision that leaves very little wiggle room. "The decision could not have been clearer," said Michael Zolandz, who directs the Washington D.C. political practice of the international law firm Sonnenschein Nath & Rosenthal LLP. "The ability to restrict independent expenditures is rendered very, very, very limited, if nonexistent, by the court's decision today." One option Congressional Democrats are pursuing is the Fair Elections Now Act (SB 752 and HR 1826), which would provide for publicly funded U.S. House and Senate elections. State Democrats intend to do what they can to counter the ruling too. For instance, a pair of MARYLAND lawmakers, Sens. Jamie Raskin and Brian E. Frosh, plan to propose a package of bills that would bar state contractors from making independent political expenditures, require MARYLAND-based companies to obtain shareholder approval before paying for campaign ads, and prohibit companies from claiming those expenses as exemptions on their state tax returns. The most immediate concern for Democrats at both the state and federal level is the upcoming midterm elections, which will determine the fate of the Dems' majorities in the U.S. House and Senate as well as how Congressional and legislative districts will be drawn after this year's census. The impact of the ruling may be particularly significant in the 24 states with laws prohibiting independent expenditures by unions and corporations (see Bird's eye view). Ray La Raja, a political science professor at the University of Massachusetts, Amherst, said states where it is expensive to run a campaign and races are competitive, like FLORIDA and OHIO, and states where majority control of the government is at stake could also see large influxes of cash. Judicial races could also see an explosion in spending, said Richard Hasen, an expert on election law at Loyola Law School in Los Angeles. According to the watchdog group Justice at Stake, candidates for the Supreme Court in 22 states with competitive elections spent over twice as much between 2000 and 2009 as they did between 1990 and 2000 ($207 million versus $86 million). But David Primo, a political science professor at the University of Rochester, suggested the Supreme Court's decision might not turn out to be so transformational. He pointed out that although the ruling grants corporations and unions greater access, it will also likely spur government officials and campaign reform groups to push for other kinds of restrictions and public financing of elections. "This tug of war will continue as long as we have fundamental disagreements in the country over the role of money in politics," he said. Hasen seemed a little less optimistic. "I happen to think the campaign finance laws have done some modest good," he said. "How much good? We may soon find out." (WASHINGTON POST, WALL STREET JOURNAL, FOX NEWS, NEW YORK TIMES, ASSOCIATED PRESS, POLITICO, STATELINE, BALTIMORE SUN) LESSONS FROM MA SENATE RACE: Last month, Republican Scott Brown went from long shot to MASSACHUSETTS' first Republican U.S. senator since 1972. Or putting it another way, Martha Coakley went from being the heavy favorite coming out of the state's Dec. 8 primary to the Democrat who failed to hold on to the seat the late Edward "Ted" Kennedy had occupied for 47 years. The maxim of MASSACHUSETTS' late U.S. House Speaker Thomas "Tip" O'Neill that "all politics is local" notwithstanding, political analysts drew five lessons from the race for candidates in the upcoming midterms. The first lesson was not to be complacent, regardless of how assured victory might appear. While Coakley was the Democratic candidate in a state considered one of the bluest in the nation, she reportedly acted as though the race was already over after the primary. "[Tuesday night] really expressed the arrogance of the Democratic Party and the entitlement mentality of the party," said Rick Livingstone, a volunteer for the Brown campaign. Lesson No. 2 was that voters are angry about the handling of health care reform, the continuing high rate of unemployment and the Wall Street bonuses, among other things. "[Voters' positions] haven't shifted so much as they've gotten angry," says Dan Payne, a Democratic media consultant based in MASSACHUSETTS. "They don't feel they're getting their money's worth in Washington." Lesson No. 3 was that candidates have to define their opponents at the outset. Coakley actually laid off the relatively unknown Brown for much of the early part of the race, giving him time to define himself for the voters. Jeffrey Berry, a political scientist at Tufts University said that coming out of the primary, Coakley could have put Brown "on the defensive at a time when he didn't have much money to fight back." Not doing so allowed Brown's campaign to build momentum and ultimately forced Coakley to resort to negative ads in the final weeks, when polls showed Brown closing the gap on her. "She was very negative," said Mary Canducci, a Boston Democrat who voted for Brown. Lesson No. 4 was that candidates must define themselves and their campaigns. Coakley failed not only to influence voters' perceptions of her opponent but also of herself. "She seemed as though she was running for re-election as attorney general as opposed to running as a new force in Washington," Payne said. "She was pretty much a generic Democrat," said Professor Berry. She lacked "compelling campaign themes" and the "warmth and effusiveness that would have played more favorably with the Massachusetts electorate." The final lesson was that independents can decide elections. Independents were undoubtedly crucial in the MASSACHUSETTS race. They make up 51 percent of the state's voters. And while Coakley seemed to target her Democratic base, Brown aggressively targeted independents right through election night. "I hope [Washington is] paying close attention, because tonight the independent voice of MASSACHUSETTS has spoken," he said. Payne said he didn't think Democrats and Republicans had changed their positions much. "Where the differences have happened are with independents who have traditionally voted with Democrats," he said. (CHRISTIAN SCIENCE MONITOR) POLITICS IN BRIEF: Republicans have formed a new 527 group to help them regain state legislative majorities ahead of next year's nationwide redistricting. The American Majority Project (AMP) is backed by former FLORIDA governor Jeb Bush and has an advisory board that includes former NORTH CAROLINA congressman Robin Hayes and former Republican National Committee chairman Mike Duncan (WASHINGTON POST). * DELAWARE's Democratic Attorney General Beau Biden has opted to seek a second term in his current office rather than run for the U.S. senate seat his father, Joe Biden, held for 36 years before becoming Vice President. His decision leaves Democrats scrambling to find a candidate to run against nine-term U.S. Rep. Mike Castle (R) (NEWS JOURNAL [NEWCASTLE-WILMINGTON]). * LOUISIANA Gov. Bobby Jindal (R) is "leaning strongly" toward proposing a constitutional amendment to eliminate the job of lieutenant governor. Jindal's Chief of Staff Timmy Teepell said the amendment, which would require a two-thirds vote in the Legislature and voter approval, would make the secretary of state the new second in command (ADVOCATE [BATON ROUGE]). -- Compiled by KOREY CLARK ***************************************************************** ***** #4--UPCOMING ELECTIONS ***** (01/28/2010 - 02/18/2010) 02/02/2010 Florida Special Primary US House (District 19) Georgia Special Runoff Senate District 22 Illinois Primary Election House (All) Senate 1,4,7,10,13,16,19,22,25,28,31,34,37,40, 43,46,49,52,55,58 & District 51-unexpired 2yr term Constitutional Officers: Governor, Lieutenant Governor, Secretary of State, Treasurer, Attorney General, Comptroller US House (All) US Senate (Class 3 - Roland W. Burris) Kentucky Special Election House District 24 Missouri Special Election House Districts 27, 57 and 62 New Hampshire Special Primary House Coos County District 2 02/06/2010 Louisiana Special Primary Senate District 5 02/09/2010 New York Special Election Assembly Districts 3, 15, 24 and 89 02/16/2010 Alabama Special Runoff House District 40 Mississippi Special Election Senate District 36 New Hampshire Special Election Senate District 16 ***************************************************************** ***** #5--GOVERNORS ***** PATRICK PITCHES MORE PENSION REFORM: MASSACHUSETTS Gov. Deval Patrick (D) proposed what he called the Bay State's "second phase of pension reform" last week, introducing a plan he claims would save the state $2 billion over the next three decades. Under the plan, state workers would lose many of their most generous retirement packages and face caps on certain early retirement incentives. The proposal also calls for increasing retirement ages and changing the formula for pension calculations, basing it on the top five years of earnings rather than the top three. Lawmakers previously passed a major pension overhaul last year. Patrick said those reforms were an important step to ending "the most egregious abuses" in the state pension system, but noted that "the provisions included in this plan go further, and they are absolutely necessary to reinforce to the public that state government continues to be focused on their business and not on personal gain." (BOSTON GLOBE) SCHWARZENEGGER PUSHES FOR PRISONS IN MEXICO: CALIFORNIA Gov. Arnold Schwarzenegger (R) took even his own staff off guard last week when he suggested that his cash-strapped state could solve some of its ongoing budget issues by paying to build prisons in Mexico to house the estimated 20,000 illegal immigrants currently locked up in the Golden State. In a speech to the Sacramento Press Club, Schwarzenegger, who has long advocated for more privately-run lock-ups, said the state could cut its prison costs in half by paying Mexico to build and operate more of its own facilities. "That is...a billion dollars right there that can go into higher education," he said. Schwarzenegger spokesperson Aaron McLear later acknowledged the governor's suggestion was not an official policy platform, but noted that, "It's an idea that people have mentioned to him." The U.S. Supreme Court recently rejected the Schwarzenegger administration's request to dismantle a judicial panel that wants CALIFORNIA to improve inmate health care by reducing its prison population. The state currently houses almost 160,000 prisoners, double the capacity of its 33 prison facilities. (SACRAMENTO BEE, SAN FRANCISCO CHRONICLE, STATE NET) MANCHIN SAYS COAL IS STILL KING: At the urging of Gov. Joe Manchin (D), WEST VIRGINIA lawmakers endorsed HCR 13, a resolution opposing federal efforts to implement a "cap-and-trade" plan to reduce the production of global warming greenhouse gases. The resolution claims that the Congressional plan, previously approved by the U.S. House of Representatives and currently under consideration in the Senate, would cost the Mountain State 10,000 jobs by 2020 and shrink its gross domestic product by $750 million in the same period. The resolution also called for the federal government to make greater investments in clean coal technology. (DAILY MAIL [CHARLESTON]) CHRISTIE REVEALS 'BOLD IDEAS' FOR NJ: NEW JERSEY Gov. Chris Christie (R) released the results of 19 reports compiled by his administration to determine how the Garden State can reduce spending and streamline government. The many suggestions include installing tolls on some interstate highways, conducting a referendum on raising the gasoline tax and merging the two agencies that currently oversee the state's turnpike system. The reports also suggested privatizing the state lottery, eliminating state subsidies for horse racing and public television, and requiring prison inmates to be double-bunked. Christie hailed the reports, saying they were "filled with bold ideas and recommendations for change from a bipartisan group of individuals from the private and public sectors." Christie said he and his cabinet will be reviewing all of the recommendations, many of which would require approval from the Democrat-controlled Legislature. (PHILADELPHIA INQUIRER) BUDGET WOES SPARK MI CLEMENCY SPIKE: Ongoing budget troubles have led MICHIGAN Gov. Jennifer Granholm (D) to commute 100 prison sentences since 2008, the highest such total for a two-year period in four decades, according to the state Department of Corrections. During Granholm's first five years in office, the former federal prosecutor commuted just 18 prison sentences. All of those prisoners had severe health issues, and most died within days of release. Only about a third of the commutations over the last two years have been for medical reasons. Thirty-two of the inmates granted early release were serving time for first-degree murder. Department of Corrections spokesman Russ Marlan cited a recent state-commissioned report that said the Wolverine State is keeping inmates in prison too long and spending too much money on its $2 billion-a-year prison system. "The report and the fiscal crisis facing the state are factors that caused the governor to reconsider the manner in which she considers commutation requests," he said. (LANSING STATE JOURNAL) GOVERNORS IN BRIEF: Basketball Hall-of-Famer Joe Dumars said he will not make a fast break for the MICHIGAN governor's office. Wolverine State Democrats were reportedly wooing Dumars, currently the president of the NBA's Detroit Pistons, as a candidate due at least in part to his lack of connection to the administration of Gov. Jennifer Granholm (D) (OAKLAND PRESS). * A three-judge panel of the 11th U.S. Circuit Court of Appeals ruled that GEORGIA may appeal a lower court's ruling that declared metro Atlanta cannot tap into the Peach State's Lake Lanier to supply most of its water needs. ALABAMA and FLORIDA also have claims to the water from Lanier, which is managed by the U.S. Army Corps of Engineers. The judge in the earlier ruling had declared his judgment non-final and thus not open to appeal (ATLANTA JOURNAL CONSTITUTION). * Just hours after taking office, VIRGINIA Gov. Robert McDonnell (R) dropped his nomination of a cabinet secretary that Democrats had vowed to reject. Old Dominion Dems opposed McDonnell's nomination of Robert Sledd as Secretary of Commerce over Sledd's refusal to step down from his position on three corporate boards (WASHINGTON POST). -- Compiled by RICH EHISEN ***************************************************************** ***** #6--UPCOMING STORIES ***** Here are some of the topics you will see covered in upcoming issues of the State Net Capitol Journal: - State food stamp struggles - Budget updates - Health care reform ***************************************************************** ***** #7--HOT ISSUES ***** BUSINESS: Just hours before leaving office, outgoing NEW JERSEY Gov. Jon Corzine (D) signs SB 2905, legislation that requires Garden State restaurants with 20 or more outlets nationally to post calorie counts for their food items on all menus and drive through menu boards. Violators could face fines up to $500. The measure goes into effect next year (STAR-LEDGER [NEWARK]). * The INDIANA House approves HB 1065, which would allow Hoosier State employees to bring guns to work as long as those weapons remain locked in the worker's car. The bill, which would also bar police from confiscating private citizens' weapons during an emergency, is now in the Senate, where a similar bill, SB 25, has also earned lawmakers' endorsement (EVANSVILLE COURIER & PRESS). * The UTAH House approves HB 15, a measure that would limit to 10 the number of weeks a two-week payday loan could roll over, prohibit lenders from calling a borrower's workplace to collect if the employer objects and allow borrowers to invoke an extended payment plan that would freeze the loan's interest rate. The bill has moved to the Senate (SALT LAKE TRIBUNE). CRIME & PUNISHMENT: Outgoing NEW JERSEY Gov. Jon Corzine (D) signs three bills aimed at helping newly released inmates adjust to post-prison life. The measures are: AB 4197, which allows ex-convicts to receive food stamps; AB 4201, a bill that requires corrections officials to provide newly-released inmates with, among other things, a non-driver identification card and a two-week supply of prescription medicine and Medicaid notification if applicable; AB 4202, which requires all Garden State prisons to offer inmates job training programs; and AB 807, a measure that allows people to pay municipal court fines in installments or pay the penalty in other ways, such as community service (STATE NET, STAR-LEDGER [NEWARK]). * The NEW YORK Supreme Court rules it is illegal for Empire State corrections officers to shackle juvenile offenders when taking them to court if the youth offers no obvious threat (NEW YORK TIMES). * The ALABAMA House unanimously endorses HB 135, a bill that would allow Heart of Dixie authorities to confiscate the property of a person convicted of using a computer to lure a young person to meet for sexual reasons. It is now in the Senate (BIRMINGHAM NEWS). * The OHIO Supreme Court upholds a Buckeye State law that bars the electronic transmission of pornography to minors. Opponents claimed the law is vague and unenforceable (CLEVELAND PLAIN DEALER). EDUCATION: The ALABAMA House unanimously approves HB 105, which requires all students in kindergarten through eighth grades to take physical education classes. It is now in the Senate (BIRMINGHAM NEWS). * Still in ALABAMA, Gov. Bob Riley (R) vetoes SJR 9, a bill that would prevent the state from adopting a code of ethics for teachers. Opponents, who say the proposed ethics code is vague, say they will seek on override (MONTGOMERY ADVERTISER). ENVIRONMENT: The INDIANA Senate approves SB 186, a measure that would require the state's Homeland Security agency to issue a permit for the transportation of radioactive materials within state limits. It moves to the House (JOURNAL GAZETTE [FORT WAYNE]). The U.S. Supreme Court rejects a request from MICHIGAN officials to close two ILLINOIS navigation locks to prevent Asian carp from entering the Great Lakes. The court did not offer a reason for the rejection (WALL STREET JOURNAL). HEALTH & SCIENCE: CALIFORNIA health regulators adopt new rules that require patients to be treated by HMO doctors within 10 business days of requesting an appointment and by specialists within 15 days of a request. In addition, most patients seeking urgent care must be seen within 48 hours, calls to doctors' offices must be returned within 30 minutes and doctors or other health professionals must be available 24 hours a day. The Golden State is the first to establish time standards for HMO health care providers (LOS ANGELES TIMES). * Also in CALIFORNIA, the state Supreme Court strikes down the state's specific limits on how much medical marijuana a patient can possess. The court ruled that the restrictions, adopted by lawmakers, were an unconstitutional amendment of a voter-approved initiative (LOS ANGELES TIMES). * Outgoing NEW JERSEY Gov. Jon Corzine (D) signs SB 119, a bill that makes the Garden State the 14th state to legalize marijuana for medicinal purposes. Only patients with specific illnesses, such as cancer or MS, will be permitted to get a prescription. The new law goes into effect later this year (STAR-LEDGER [NEWARK]). * Still in NEW JERSEY, Corzine also signs AB 2029, a bill that allows chiropractors to bill themselves as "chiropractic physicians," prescribe and perform medical tests, sell vitamins and supplements and provide nutritional counseling. The measure requires chiropractors to complete 30 credits of annual training, as well 45 hours of nutritional study at an accredited program if they choose to provide nutritional counseling (STAR-LEDGER [NEWARK]). * The UTAH House approves HB 35, which would require a hospital that treats someone who has overdosed on prescription drugs to notify the state agency regulating health professionals. Lawmakers also endorse HB 28, which requires those who prescribe drugs to register with the state. The measure exempts veterinarians. Both bills have moved to the Senate (SALT LAKE TRIBUNE). SOCIAL POLICY: Outgoing NEW JERSEY Gov. Jon Corzine (D) signs SB 2091, which makes "palimony" claims enforceable only when those agreements are made in writing and with the benefit of legal counsel (STAR-LEDGER [NEWARK]). POTPOURRI: The ALABAMA House endorses HB 35, which would bar drivers from sending or receiving cell phone text messages while behind the wheel. It is now in the Senate (BIRMINGHAM NEWS). * Texting is also the topic in WISCONSIN, where the Assembly approves AB 496, a bill that bars motorists from sending messages while driving. It moves to the Senate, which approved a similar measure last fall (MILWAUKEE JOURNAL SENTINEL). * The federal government also addresses texting, banning the practice on handheld devices for bus drivers and commercial truckers. The policy applies to interstate truckers and operators of vehicles carrying at least eight passengers. Violators face penalties up to $2,750 (USA TODAY). * The PENNSYLVANNIA House takes the issue one step further by approving HB 2070, which bars Keystone State drivers from all hand-held cell phone use -- texting or talking -- while behind the wheel. It is now in the Senate (PHILADELPHIA INQUIRER). -- Compiled by RICH EHISEN ***************************************************************** ***** #8--IN THE HOPPER ***** At any given time, State Net tracks tens of thousands of bills in all 50 states, US Congress, and the District of Columbia. Here's a snapshot of what's in the legislative works: Number of Prefiles last week: 534 Number of Intros last week: 8,512 Number of Enacted/Adopted last week: 500 Number of 2010 Session Prefiles to date: 12,145 Number of 2010 Intros to date: 31,249 Number of 2010 Session Enacted/Adopted overall to date: 1,731 Number of 2009-10 bills currently in State Net Database: 138,987 -- Compiled By JAMES ROSS (measures current as of 01/28/2010) Source: State Net database ---------------------------------------------------------------- States in Regular Session: AK, AL, AZ, CA, CO, CT, DC, GA, HI, IA, ID, IN, KS, KY, MA, MD, ME, MO, MS, MN, NE, NH, NJ, NM, NY, OH, OK, OR, PA, PR, RI, SC, TN, US, UT, VA, VT, WA, WI, WV States in Special Session: CA "f", CA "h", OR "a", WI "b" Upcoming Special Sessions: OR "a" 02/01/2010 States in Budget Hearings: DE States Currently Prefiling or Drafting for 2010: AR, CT, FL, MN, MT, ND, OK, OR, WY State Special Sessions Adjourned in 2010: CA "e", TN "a" Letters indicate special/extraordinary sessions -- Compiled By JAMES ROSS (session information current as of 01/29/2010) Source: State Net database ***************************************************************** ***** #9--ONCE AROUND THE STATEHOUSE LIGHTLY ***** PLOWED OVER FOR SURE: The meaning of certain words and phrases can often evolve over time from something innocuous into something, well, more sensitive. For instance, the Des Moines Register reports that IOWA Rep. Ray Zirkelbach has sponsored HF 2028, which would change the wording in the legal description of the Hawkeye State seal. At issue is a reference to the citizen soldier represented in that seal as standing "with a plow in his rear," which Zirkelbach says has an entirely different connotation today then it did when the seal was approved in 1847. His measure would change the wording to read "citizen soldier standing in front of a plow." He doubts the effort will get far in a year when lawmakers are facing many other serious issues, but says he filed the bill at the request of a constituent...even though he feared it would make him "the butt" of jokes. Oh well. IS THAT NEXT TO THE BELLAGIO? Speaking of state icons, ARIZONA lawmakers are putting HB 2447 on the fast track. As the East Valley Tribune of Phoenix reports, that bill would officially deem ARIZONA to be the "Grand Canyon State." Apparently, even though that moniker has appeared on state license plates, tourism brochures and gobs of other state-related stuff for years, lawmakers have never actually got around to officially adopting the name. This is distressing to tourism officials, who cite surveys that show over 70 percent of foreign visitors think the Grand Canyon is in neighboring NEVADA, most likely because so many tours of the natural wonder are scheduled out of Las Vegas. The measure has cleared the House Government Committee and will now be heard by the full House. TIMES ARE BAD, TOURISM IS GOOD: For many people, MICHIGAN has become the poster child for the ill effects of the Great Recession. But all the talk of bad times and downtrodden communities does not seem to be scaring off tourists. As the Grand Rapids Press reports, the Wolverine State's official tourism website, www.Michigan.org, has earned the title as the best state tourism site in the country. It is the third consecutive win for the site, which garnered more than 12 million hits in 2009, an 8 percent bump up from 2008. Now maybe if people just thought it had a Grand Canyon... JUST A SNIP, SNIP HERE AND A SNIP, SNIP THERE: For all of his state's troubles, CALIFORNIA Gov. Arnold Schwarzenegger hasn't lost his sense of humor. During a recent appearance before the Sacramento Press Club, Schwarzenegger noted it was his seventh time addressing the group -- made up primarily of statehouse reporters -- since he left Hollywood for the real action of the state Capitol. He took particular notice of how many of the reporters who covered his goings on when he came into office in 2003 were now gone, victims of the media machine's ongoing downsizing. "Looking out, I see how many of the faces have changed over the years," he said. "Of course, I'm from Los Angeles, where the faces change all of the time, just for a different reason." -- By RICH EHISEN ***************************************************************** ***** #10--IN CASE YOU MISSED IT ***** This year's gubernatorial State of the State addresses have primarily focused on closing yawning budget gaps. But election year politics are also coloring the govs' view of the world. In case you missed it, the story can be found on our Web site at http://www.statenet.com/capitol_journal/01-18-2010/html ***************************************************************** State Net Publications """""""""""""""""""""" Editor: Rich Ehisen - capj@statenet.com Associate Editor: Korey Clark - capj@statenet.com Contributing Editor: Virginia Nelson and Art Zimmerman - capj@statenet.com Editorial Advisor: Lou Cannon Correspondents: Richard Cox (CA), Steve Karas (CA), Bruce McKeeman (CA), Linda Mendenhall (IL), Lauren King (MA) and Ben Livingood (PA) Graphic Designer: Vanessa Perez Design Interns: Caitlyn Ehisen ***************************************************************** 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 *****************************************************************