|
Volume
XIII, No. 6
February 14, 2005
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| TOP
STORY
States are taking increasingly
harsher measures against motorists who refuse to submit to blood alcohol
tests. But while everyone seemingly wants drunks off the road, some worry
that Draconian laws are eroding civil rights. |
SNCJ
Spotlight
States raise stakes for just
saying no to sobriety test
All 50 states have implied consent laws that clearly say any person
who operates a motor vehicle has implicitly agreed to a chemical test of
his or her blood, breath, urine, or saliva for the purpose of determining
the driver's blood alcohol content (BAC). But what happens if that driver
refuses? In many states the penalty is nothing worse than a suspended license,
a punishment far less severe than what awaits someone who takes and fails
a BAC test. In recent years, a number of states have enacted legislation
designed to change this, with almost a dozen more this session considering
some form of action that would give their implied consent laws some teeth. |
Refusing to take a BAC test will not prevent an officer from
arresting a suspected drunk driver (failing a field sobriety test is also
grounds for arrest), but getting a reliable blood alcohol reading is often
the critical factor for prosecutors looking to prove their case. No BAC
test often can lead to a suspected drunk driver being charged with lesser
offenses, receiving a plea bargain or being acquitted outright. Given the
relatively minor repercussions in some states for refusing to take a BAC
test, it should come as no surprise that many suspected drunk drivers --
some data shows as high as 20 percent, with even greater figures for repeat
offenders -- refuse to cooperate with authorities who request them. Ron
Miller, a spokesperson for CALIFORNIA MADD (Mothers Against Drunk Driving),
says license suspension is simply not enough of a deterrent to stop people
from refusing to take the BAC test.
"Losing a license doesn't do anything to stop people from driving,"
Miller says. "Between 50 and 75 percent of people with a suspended license
still drive. Taking a license only becomes a real penalty when they are
caught doing something else."
That situation has inspired states like MINNESOTA, NEBRASKA and VERMONT
to enact penalties for refusal that are equal to or even harsher than those
of a drunken driving conviction. ALASKA is particularly tough, deeming
a refusal to take a BAC test to be a criminal offense on the level of driving
while intoxicated (DWI), with violators subject to as much as $5,000 in
fines and a year behind bars. Others, like CALIFORNIA, NEW YORK, NEW JERSEY
and ARKANSAS, also levy significant fines, although none more than $1,000
for a first offense. Many states also assign those who refuse the BAC test
to community service and impound the driver's car.
While most of the bills currently waiting in statehouses would not impose
penalties quite that stringent, they would make it more risky to refuse
the test. (See Bird's eye view on page 3 for a list of all states that
have introduced implied consent legislation so far this year.) In KANSAS,
for example, the passage of Senate Bill 180 would mean those resisting
the test would face losing their license for up to a year. The same penalty
would go into effect in NEW MEXICO (SB 60) and TENNESSEE (HB 36), where
both bills are under consideration in their respective chamber's judiciary
committee. The Tennessee Senate will also consider SB 60, a companion bill
to HB 36. SB 60 is pending a committee assignment.
RHODE ISLAND lawmakers are also considering a pair of bills more in
line with some of the tougher legislation already approved in other states.
House Bill 5238 could impose up to a $500 fine, 60 hours of community service
and up to a year's suspended license for a first time offender. The fine
would increase to a $1,000 maximum for a repeat offender, with a two year
loss of license. Three time offenders could get the maximum fine, forgo
their license for three years and do a year in jail. Across the hall in
the Senate, Ocean State lawmakers are considering SB 188, which could send
offenders to jail for a year and levy a $1,000 fine. Both bills are also
awaiting judiciary committee review.
Pending legislation like SB 78 in VERMONT is aimed at both increasing
refusal penalties and protecting a motorist's civil rights. The Vermont
Senate Judiciary Committee is considering the measure, which would allow
drivers who have been asked to submit to an evidentiary test to confer
first with their attorney. There is one catch -- the person has only 30
minutes from the time they are first asked to submit to the testing to
decide if they will comply. Refusal can lead to a six-month suspension
of driving privileges.
The majority of these bills are just getting started in the process.
Only MISSISSIPPI has issued a verdict, and it isn't one supporters of harsher
penalties are likely to be pleased with. The Mississippi House had no less
than five bills that would have enhanced implied consent penalties up for
review -- three of them from Republican Rep. John Reeves -- but all five
died in committee.
But civil libertarians point out that some drunk driving statutes come
perilously close to crossing the line of "innocent until proven guilty."
Radley Balko, a policy analyst with the Washington D.C.-based Cato Institute,
says the desire to get drunks off the road has led to "a lot of hype and
hysteria." Balko points to recently enacted WASHINGTON laws that require
juries to consider evidence from breath tests even if it can be proven
that the testing machinery was broken, and to further consider the evidence
"in a light most favorable to the prosecution." He says this is an "absurd
evidentiary standard at odds with everything the American criminal justice
system is supposed to stand for. Courts and lawmakers have stripped DWI
defendants of the presumption of innocence -- along with several other
common criminal justice protections we afford to the likes of accused rapists,
murderers and pedophiles."
MADD's Miller defends the tougher penalties, saying his group's real
goal is not really seeing more people arrested and convicted of drunk driving,
but to convince people not to drink and drive in the first place.
"This is really a perception problem," Miller says. "We need to change
the public perception of drunken driving, and that only happens when the
public sees these tougher penalties and realizes that it is not worth it
to get into the car and drive when you are drunk."
Balko agrees that stopping drunk driving is a worthy goal, but says
it is not worth doing at the cost of our basic constitutional rights.
"Good public policy has to balance the benefits of what it is trying
to accomplish with the costs of enacting that policy," he says. "When it
comes to drunk driving laws, no politician has the guts to say we're going
too far."
TOP
OF PAGE
In
The Hopper
States in Regular
Session:
AK, AL, AR, AZ, CA, CO,
CT, DC, GA, HI, IA, ID, IL, IN, KS, KY, MA, MD, ME, MI, MN, MO, MS, MT,
NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, OR, PA, RI, SC, SD, TN, TX, US,
UT, VA, VT, WA, WI, WV, WY
States in Special Session:
CA "a"
States in Recess:
DE
Currently Prefiling:
FL(Drafts for 2005)
States Adjourned in 2005:
DC "z", IL "z", MA "z", NY "z"
States in Special Session
Adjourned in 2005:
DE "c", FL "a", MD "a",
WI "a", WV "a"
Letters
indicate special/extraordinary sessions
Compiled
By GINA HUMMELL | Data current as of 2/11/05 | Source: State
Net database
TOP OF
PAGE
|
Politics
& leadership
IOWA POWER SHARE BRINGS IDENTITY SHIFT:
Democrats and Republicans in the IOWA Senate just haven't been
themselves in the opening weeks of the 2005 session. Senate Republicans,
often criticized in recent years for being obstructionists, have been making
national headlines with aggressive proposals like last month's plan to
eliminate income taxes for residents under 30, in the hope of convincing
more young workers to stay in the state. Senate Democrats, meanwhile, just
as frequently derided for being upstarts, have gone practically mute. The
abrupt changes in personality are the result of the new political reality
facing each party in the wake of the November election, which erased the
Republicans' 29-21 majority and gave the Democrats an even share of the
chamber's control. The Republicans have responded to that setback by seeking
to change their image. "I think, unfairly in some cases, we've been labeled
over the past few years as obstructionist or...mossbacks," said GOP Senate
President Jeff Lamberti. "Now we want to show the state that we are about
big ideas and moving the state forward." For the Democrats, flush with
new power, caution has become the rule. Sen. Bill Dotzler, a key Democratic
policymaker, said his party is not going to try to match every move the
Republicans make. "I think we're better off to work together than go off
on separate tracks. I think it might serve to divide us more than unite
us," he said. Members of both parties agree that the next few weeks --
during which evenly-split committees will begin meeting on several major
issues --will be crucial in determining whether that bipartisan cooperation
is going to materialize. "You have to be optimistic we can do something
good," said Sen. Amanda Ragan (D). "If we're just going to sit here and
look at each other, that's not going to be worthwhile... I don't think
that's what the people of Iowa want." (QUAD-CITY TIMES)
POWER SHIFT BRINGS IDENTITY CRISIS: Last
week, Republicans in the MONTANA House stalled a bill aimed at preserving
a popular government loan program -- along with the state's financial reputation
-- for two days. The unusual thing about the action was that the Republicans
undertook it as the minority party, having lost the majority back in November.
In fact, the reason they did so was because they didn't feel they were
getting enough consideration from the new Democratic majority. The standoff
only ended after Senate President Jon Tester (D) agreed to sit down with
Minority Leader Bob Keenan (R). And it seems the dispute could actually
have ended a lot sooner, except that while Tester had been waiting for
Keenan to come talk to him -- as Tester had done last session when he and
Keenan's roles were reversed -- Keenan had been waiting for an invitation.
Having heard no complaints, Tester "just assumed everything was going OK."
Keenan, however, was miffed at the short shrift he and his fellow Republicans
had received during a debate over an education bill and at being left out
of the loop on the budget process. But he insisted that he wasn't having
problems adjusting to his loss of power; he just didn't like being ignored.
"They should consider I can be an asset to them," he said of the Democrats.
Although the talk the two men finally had went well, they found themselves
at odds again by the end of the week, with Keenan strongly opposing one
of Tester's proposed appointments to the state Board of Regents and threatening
to hold up more legislation if the speaker didn't change his mind. The
new disagreement didn't bode well for the rest of the session. Tester took
the position that it was one thing for Keenan to use such tactics to spur
dialogue but another thing entirely to use it to try to dictate House policy.
"If he wants to cut a deal, I'm not a deal cutter," Tester said. (ASSOCIATED
PRESS, BILLINGS GAZETTE)
MA HOUSE SWINGS FURTHER LEFT: The
MASSACHUSETTS House underwent a dramatic shake-up in leadership last week
when the new speaker, Salvatore R. DiMasi (D), elevated a number of minor
figures to key posts and recalled several dissident members who'd been
relegated to the back benches under his predecessor, Thomas M. Finneran
(D). His most prominent appointment was the selection of Rep. Robert A.
DeLeo, an admitted "lunch-bucket" Democrat who's a favorite of environmentalists
and education activists but not too popular with anti-tax advocates, to
head the House Ways and Means Committee, which sets fiscal policy and largely
determines the chamber's agenda. DiMasi said his appointments were intended
to bring diversity to the House leadership, but many viewed the selections
as an obvious attempt to move it to the left. "I would say the Senate probably
as a whole is still the more liberal branch, but the House has made a Herculean
effort to catch up," said House minority leader Bradley Jones. "There's
definitely a shift to the left. But after Finneran, almost anything is
a shift to the left." (BOSTON GLOBE)
AT THE POLLS: Republican Joe Straus
defeated Democrat Rose Spector in last Saturday's special election for
TEXAS House District 121. The contest was held to fill the vacancy left
by Rep. Elizabeth Ames Jones, who was appointed to the Texas Railroad Commission
(SAN ANTONIO EXPRESS NEWS). * Also in TEXAS, Rep. Talmadge Heflin (R) gave
up the fight to retain his seat last week, conceding victory in House District
149 to Democrat Hubert Vo. The result, which came after an investigation
into illegal voting in the race, allowed Democrats to secure a moral victory
from last year's elections; for the first time in 30 years, they didn't
lose ground to the Republicans in the House (DALLAS MORNING NEWS). * Nicholas
A. Spano (R) was finally declared the victor in NEW YORK's 35th Senate
District last Tuesday, bringing an end to the longest Senate race in the
Empire State since the Great Depression. After months of legal wrangling
over contested ballots, Spano, a nine-term incumbent and the chamber's
assistant majority leader, was deemed to have edged out his Democratic
challenger, Andrea Stewart-Cousins, by just 18 votes out the more than
114,000 cast (NEW YORK TIMES).
POLITICS IN BRIEF: CALIFORNIA Secretary
of State Kevin Shelley (D) resigned Feb. 5th, with pressure mounting over
his alleged misuse of federal voting funds. His departure will give Gov.
Arnold Schwarzenegger (R) the opportunity to appoint a Republican to the
post in time to oversee the special election the governor will call later
this year in an effort to wrest power away from the Democrat-controlled
Legislature (LOS ANGELES TIMES). * MARYLAND Gov. Robert Ehrlich's (R) administration
has paid $100,000 to settle a lawsuit filed by a former state employee
who was fired after only five months on the job. The man, Baltimore County
Councilman Vincent J. Gardina (D), had alleged that he was fired solely
for political reasons (BALTIMORE SUN). * The UTAH Senate swore in its first
openly gay member last week. Scott McCoy (D) will replace outgoing Sen.
Paula Julander (D), who left office for health reasons. Although the 34-year-old
McCoy is a leader of the gay-rights group Equality Utah, he said he does
not intend to be a single-issue lawmaker (SALT LAKE TRIBUNE, ASSOCIATED
PRESS, DAILY HERALD [PROVO]). * State officials in NEW HAMPSHIRE got a
wake-up call last week when someone hacked into the state's main Web site,
nh.gov, which is a portal to other state sites. The hacker left the Internet
graffiti message "Look what I can do" on several index pages, but no other
damage was detected (FOSTER'S DAILY DEMOCRAT [DOVER]). * OREGON lawmakers
are taking their show on the road, holding a series of committee hearings
at various locations around the state. The 50-venue tour is aimed at getting
the public more involved in the governing process. "We want to go to the
people for their input, instead of expecting the people to come to Salem
all the time," said Senate President Peter Courtney (D) (STATESMAN JOURNAL
[SALEM]).
-- Compiled by KOREY CLARK
TOP OF PAGE
Budget & taxes
PRESIDENT'S BUDGET MOSTLY BAD NEWS
FOR STATES: There was some good news for state governments in
President Bush's budget proposal for 2006: no drastic reductions in federal
Medicaid spending, more freedom to deviate from federal Medicaid coverage
guidelines and increased funding for the State Children's Health Insurance
Program (S-CHIP). But there's little else for states to cheer about in
the $2.6 trillion plan. For starters, while the plan calls for no immediate
cuts in the amount of Medicaid money states will receive, it does propose
to trim $45 billion from the program over the next 10 years by reducing
prescription drug spending, eliminating loopholes some states have used
to draw additional federal dollars and tightening the qualifications for
government-funded nursing home care. The proposal also leaves a lot of
questions unanswered about the future of the program. As Diane Rowland
of the nonpartisan Kaiser Commission on Medicaid and the Uninsured put
it, the Bush budget has "opened the door to a lot of potential changes
in the way that Medicaid operates...and the way it organizes and delivers
long-term care services, but it's not clear what's really envisioned once
the states step through the door." But Bush's proposed changes to the Medicaid
program aren't the only source of worry for states; other key state programs
would also take a hit under the president's plan. Among other things, $1.3
billion would be cut from federal economic development programs, education
spending would be reduced by 1 percent and several job training programs
would be consolidated into one. The Center on Budget and Policy Priorities
(CBPP), a Washington, D.C.-based organization focusing on policies impacting
the poor, estimates that under the president's proposal, federal aid to
state and local governments for all programs other than Medicaid would
drop by $10.7 billion, or 4.5 percent. (STATELINE.ORG)
SUPERBUDGET SUNDAY IN VA: Last Sunday,
just hours before the kickoff of the Eagles-Patriots NFL title game, the
VIRGINIA House and Senate rolled out their rival budget plans for next
fiscal year. With the state looking at a $1.2 billion budget surplus, the
proposals were not nearly as contrary as last year's, which tied the two
Republican-controlled chambers up in a bitter battle that forced the session
two months past its scheduled adjournment date. This time around, the plans
are close to agreement on several spending issues, such as teacher raises,
a clean-up of Chesapeake Bay and a reduction of the state sales tax on
groceries. But there's still plenty for the two chambers to haggle over.
The most substantial difference between the two proposals is the amount
of spending set aside for transportation projects: just over $1 billion
in the House's plan versus about $670 million in the Senate's. But the
two chambers are more likely to clash over the comparatively minor variance
in the amount of money each has set aside for local community development,
so-called pork-barrel spending. With all 100 House delegates up for re-election
this year, they were, unsurprisingly, generous in doling out the pork,
directing $45 million into projects back home. Senators proposed a much
more conservative $20 million payout, and appeared to be laying down the
battle lines in public statements. Senate Finance Committee Chairman John
H. Chichester (R), for example, said "We all know that more jingle in your
pocket doesn't mean a `surplus' if you have unpaid bills that you've stuffed
in the drawer," referring to the state's $250 million in debt for highway
projects and the rising costs of health care, among other things. But overall,
the outlook for compromise is much better than it was last year. "My gut
feeling is we are going to have a much easier time reconciling the proposals
than we have had in the past two or three years," said one Senator. "We
are thinking the same way." (VIRGINIAN-PILOT [NORFOLK], RICHMOND TIMES-DISPATCH)
BUDGETS IN BRIEF: OHIO Gov. Bob
Taft (R) proposed sweeping tax reforms in his State of the State speech
last week, including a 21 percent reduction in the personal income tax
and a permanent 5.5 sales tax (DAYTON BUSINESS JOURNAL). * CALIFORNIA's
Lottery Commission has given the go-ahead for the state to join the multi-state
Mega Millions game that is currently played in 11 states and will have
the potential for regular jackpots over $100 million. Mega Millions was
selected over the 27-state Powerball lottery, primarily because it will
not conflict with California's own Super Lotto game (SAN DIEGO UNION-TRIBUNE).
* The UTAH House gutted a proposal to phase out the state's corporate income
tax -- one of new Gov. Jon Huntsman Jr.'s (R) top priorities this session
-- fearing the rollback would jeopardize education funding. A spokesman
for Huntsman said he will try to convince his fellow Republicans who control
the chamber to reverse the action (SALT LAKE TRIBUNE, DESERET MORNING NEWS).
* WASHINGTON's House passed legislation mandating audits of the state's
roughly 500 business tax breaks -- which include a sales tax incentive
for bull semen passed in 1965 -- to determine their efficacy (SEATTLE POST-INTELLIGENCER).
Moody's Investors Service has warned that it may downgrade MAINE's bond
rating, currently Aa2, because of the state's persistent borrowing to balance
the budget and failure to replenish its cash reserves. A rating cut would
force the Pine Tree State to pay a higher interest rate for any new borrowing
it takes on in the next two-year budget cycle, which starts July 1 (BANGOR
DAILY NEWS). * A HAWAII lawmaker has introduced legislation to address
the problem of uncollected fines due to a lack of law enforcement officers,
which is costing the Aloha State millions of dollars a year. State officials
estimate there are currently 75,000 outstanding warrants, mostly for traffic
violations (HONOLULU STAR BULLETIN).
-- Compiled by KOREY CLARK
TOP OF PAGE
Governors
SCHWARZENEGGER VS. TEACHERS -- IT'S
ON: The battle between CALIFORNIA Gov. Arnold Schwarzenegger
(R) and the Golden State's teachers unions took another step forward last
week. The first salvo came as the governor demanded that radio stations
stop airing union-sponsored ads he says falsely claimed he cut "school
funding by billions." The ads had already been running for several weeks
before Schwarzenegger went on a public relations blitz of his own, including
doing a half dozen radio interviews in which he attempted to sell voters
his plan to install a merit pay plan for teachers. But the real battle
is likely to be fought in the courts, where a business group last week
filed a lawsuit against the state's Fair Political Practices Commission
(FPPC) that claimed a $22,300-per-contributor cap on fundraising the agency
set last year for "candidate-controlled" organizations is unconstitutional.
The group, Citizens to Save California, wants that limit abolished. Schwarzenegger
denies controlling the group, but he has been raising money for its causes,
which are primarily pushing ballot measures to implement his proposals.
Democrats are also getting in on the action, forming their own new group
-- Seriously, Saving California -- to raise money to help push their own
ballot initiatives. Stay tuned. (LOS ANGELES TIMES, SAN JOSE MERCURY NEWS,
SACRAMENTO BEE)
GOVERNORS IN BRIEF: MASSACHUSETTS
Gov. Mitt Romney (R) ordered 91 out-of-state Web sites to stop marketing
high-cost payday loans in the Bay State. State officials say they have
no evidence that large numbers of residents are using the sites, but they
want to act before the loans become a problem. Officials say the loans
often carry interest rates as high as 300 percent (BOSTON GLOBE). * NEW
MEXICO Gov. Bill Richardson (D) denied an Associated Press report that
he is planning a presidential run in 2008. Richardson said last week he
is focused only on winning re-election in 2006 (SANTA FE NEW MEXICAN).
* OKLAHOMA Gov. Brad Henry (D) proposed that the Sooner State create an
online database between pharmacies as a way to make it easier for them
to track the sale of pseudoephedrine, a standard agent in cold and allergy
pills but also a key ingredient in making illegal methamphetamine (See
Feb 7 State Net Capitol Journal). Henry is also pushing for federal legislation
that will mirror his state's law restricting the sale of pseudoephedrine
products (ASSOCIATED PRESS). * GEORGIA Gov. Sonny Perdue (R) has thrown
his support behind a bill in the Peach State Senate that would establish
a Georgia Tourism Foundation to market the state's heritage and culture.
The proposal would also place the state's Golf, Aviation, Music and Sports
halls of fame under the control of the state Economic Development Department
(ATLANTA JOURNAL CONSTITUTION).
-- Compiled by RICH EHISEN
TOP OF PAGE
Bird's eye view
An
offer they can't refuse
At least 32 states now have implied consent laws that require motorists
to submit to a blood, breath or urine test if they are suspected of drunk
driving. But in many states, refusing to comply results only in civil penalties
that are usually much less severe than those imposed for taking and failing
the test. In recent years, some states have imposed penalties for drivers
who refuse to take a blood alcohol test, penalties that are often as severe
as a drunk driving conviction. The accompanying map shows the 11 states
that have introduced legislation this year that would significantly strengthen
penalties for refusing a test. Of those, 10 are still active, while five
such bills in the MISSISSIPPI Legislature have already died in committee.
Hot
issues
BUSINESS: Senate and House
committees in ALABAMA approve legislation that would curb state oversight
of telephone companies in the Heart of Dixie. The bills would eliminate
the state's regulation of most land-line phone service. Each measure heads
to the full chamber for review (MOBILE REGISTER). * A KENTUCKY House committee
endorses HB 105, which would raise the Bluegrass State minimum hourly wage
from $5.15 to a maximum of $7.15. It heads to the full House (BUSINESS
FIRST [LOUISVILLE]). * The MISSISSIPPI Senate overwhelmingly approves SB
2787, a measure that would allow restaurants and liquor stores to purchase
small amounts of specialty wines directly from wineries without first going
through state alcohol control officials. It now pours into the House (SUN
HERALD [BILOXI]).
CRIME & PUNISHMENT: A KANSAS
Senate committee endorses a bill that would eliminate capital punishment
in the Sunflower State. That measure heads to the full Senate (WICHITA
EAGLE). * A KENTUCKY Senate panel okay's SB 63, legislation that would
restrict the sale of cold and allergy pills that can also be used to make
the illegal drug methamphetamine, also known as meth, crank and speed (See
Feb 7 Capitol Journal). It goes to the full Senate (COURIER-JOURNAL [LEXINGTON]).
* Meth was also the issue in INDIANA, where a House committee unanimously
endorses HB 1223. The measure would require that products containing ephedrine
and pseudoephedrine -- two ingredients in meth -- be sold only at pharmacies
and be placed behind the counter. It heads to the full House (INDIANAPOLIS
STAR). * A FLORIDA Senate committee approves SB 436, which would allow
Sunshine State residents to use deadly force against intruders in their
home or car, and to presume that anyone who breaks into an occupied house
or car has deadly intent. Another committee gets a shot at it before it
can go to the full Senate (ST. PETERSBURG TIMES).
EDUCATION: The INDIANA Senate gives
a passing grade to SB 285, a measure that would require schools to officially
define bullying and to take measures to stop it. It heads to the House
(FORT WAYNE JOURNAL GAZETTE). * The MISSISSIPPI Senate endorses a proposal
from Gov. Haley Barbour (R) that would exempt well-performing Magnolia
State schools from many state paperwork requirements and reward them financially
for high student test scores on standardized tests. It moves to the House
(SUN HERALD [BILOXI]).
ENVIRONMENT: The WYOMING Senate
approves legislation that would establish a $30 million trust fund that
would be used to acquire habitat for preserving wildlife. The measure now
goes to the House (BILLINGS GAZETTE). * An ARIZONA House panel endorses
HB 2173, which would allow small communities to block new housing subdivisions
that can't show a 100-year water supply. It now flows to the full House.
The same committee rejects HB 2169, which would have required communities
to include water-supply information in their long-term growth plans and
to share that information with other communities in the same groundwater
basin (ARIZONA REPUBLIC).
HEALTH & SCIENCE: The WYOMING
House approves HB 83, which creates a panel to review lawsuits against
doctors as a way to weed out frivolous cases before trial. It moves to
the Senate (BILLINGS GAZETTE). * Still in WYOMING, the Senate endorses
SB 203, which would force insurance companies to include prescription birth
control in any policies that provide prescription drug coverage (BILLINGS
GAZETTE). * The VIRGINIA Senate rejects a measure that would have
banned smoking inside almost all Old Dominion public buildings. It had
previously cleared a Senate committee, but is now dead for the session
(RICHMOND TIMES-DISPATCH). * An anti-smoking bill also gets snuffed out
in the SOUTH DAKOTA House, which rejects a bill that would have banned
all indoor smoking (ARGUS LEADER [SIOUX FALLS]). * Smoking opponents do
better with a MINNESOTA Senate committee, which okay's a measure that would
ban lighting up in Gopher State restaurants and bars. More committees await
before it can move to the full Senate (ST. PAUL PIONEER PRESS). * The ARKANSAS
Senate endorses SB 43, which would allow Razorback State residents to choose
their own doctors and require health care management plans to pay those
physicians at the plan's regular rates. It moves to the House (ARKANSAS
NEW BUREAU). * The VERMONT House overwhelmingly approves a bill that would
allow Green Mountain State residents to purchase cheaper prescription medications
from pharmacies in Canada and the United Kingdom. It still needs approval
from the Senate (BURLINGTON FREE PRESS).
SOCIAL POLICY: The VIRGINIA House
and Senate okay a proposed constitutional amendment that would define marriage
only as the union of one man and one woman. The proposal must still be
approved again by both houses and voters before it would go into effect
(RICHMOND TIMES-DISPATCH). * An INDIANA Senate committee endorses SJ 7,
a similar proposal to change the Hoosier State constitution to limit marriage
to being between one man and one woman. It moves to the full Senate (INDIANAPOLIS
STAR). * The ALABAMA House and Senate also get in on the marriage definition
issue, as each endorse proposals to amend the Heart of Dixie constitution
to ban recognition of gay marriage. Each chamber must now approve the other's
bills, which, if passed, would then go before voters (BIRMINGHAM NEWS).
POTPOURRI: A VIRGINIA Senate committee
kills a bill that would have barred people from wearing their pants low
enough to expose their underwear. It would have also imposed a $50 fine
for doing so. The House approved the measure, but Senators dropped the
bill after a wave of negative media reports. Senators called the bill "a
distraction" (WASHINGTON POST, ASSOCIATED PRESS). * An ARIZONA Senate committee
votes unanimously in support of SB 1420, which would require the immediate
impounding of the vehicle of anyone involved in an accident who does not
have insurance or a driver's license. It would also impose a $500 mandatory
fine. The bill heads to the full Senate (ARIZONA REPUBLIC).
-- Compiled by RICH EHISEN
TOP OF PAGE
Once around the statehouse
lightly
DATING SERVICE. The State
of CALIFORNIA had to issue a warning last week: The Megan's Law Web site,
a public database listing all of the state's registered sex offenders,
is not an online dating service. Seems a Cupertino resident, who is on
the list, used the site to set up get-togethers with other registered offenders.
As the San Jose Mercury News reports, Romeo was nabbed when he tried to
arrange a tryst from a computer located in a public library. Penalty if
convicted: six months in jail and a $1,000 fine.
EMPLOYMENT SERVICE seems to be working
fine. Now, for some tinkering over at public relations. Both would be in
the office of ILLINOIS Gov. Rod Blagojevich. According to the Chicago Sun-Times,
the Democratic chief executive hired the 23-year-old daughter of a prominent
state Senate Democrat for a $40,000-a-year job with the state park system
-- the same state agency that has pink-slipped some 120 workers since last
October. Many of those laid off had 25 or 30 years' experience with the
department. "Just a coincidence," says the Dept. of Natural Resources,
which hired the young woman as a lobbyist. "Baloney," says a preservationist
group that deals with the department. By the way, the governor currently
is reviewing DNR's layoff policy because three of those booted onto the
street were disabled.
COUNSELING SERVICE needed for a
NORTH CAROLINA Republican. As noted in the Charlotte Observer, freshman
Doug Vinson was thrown into a raging fire on his first day -- in fact,
his first vote --in the Legislature. It wasn't a confrontation with Democrats,
who narrowly control the House. No, this squabble was Republican civil
war -- two factions squabbling over how the House would be organized. One
side wanted to cooperate (for another year) with Democrats, while another
faction wanted no part of the compromise. Vinson was asked to choose between
factions. Vinson is no stranger to high-pressure situations; the West Point
graduate was an artillery commander in Iraq. He also apparently knows
when to confront and when to appease. He voted to cooperate.
NO GOOD DEED. You're taking the
fall, kid -- but first, could you loan me $45,000? A scene from The Maltese
Falcon? No, just bureaucratic politics in MASSACHUSETTS. The brew-up began
when Gov. Mitt Romney spent $45,000 on a Send Off Party for the New England
Patriots, who last week won the 2005 Super Bowl. The money came from the
budget of the state Dept. of Conservation and Recreation -- over the objection
of the department's chief, Katherine Abbott. As a thank you for the money,
reports the Boston Herald, Romney subsequently fired Abbott, blaming her
for inadequately plowing streets during the Northeast's recent storms.
Was the governor miffed, or just misinformed?
POLTERGEIST. Something is amiss
in Albany. The NEW YORK capital seems to be haunted, if the elevators at
Empire State Plaza are any indication. According to the Albany Times Union,
there have been 540 elevator entrapments at state-run buildings over the
past five years. Not only that, but elevators have been emulating HAL --
the mind-of-its-own computer from 2001: A Space Odyssey. Elevators stop
at every floor but the one requested. Elevators refuse to open the door,
then announce the miscue with an ear-piercing buzz. Elevators stop mid-floor,
trapping people inside. A spokesperson for the Dept. of General Services
says that the elevator system is being modernized. "We're changing everything
but the shaft," says the department. Apparently, the new elevators are
known as "smart cars." "Smart-aleck cars" seems more to the point.
-- By A.G. BLOCK
TOP OF PAGE
The
Week in Session
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 2005 prefiles
last week: 691
Number of 2005 Intros
last week: 11,726
Number of bills enacted/adopted
last week: 610
Number of 2005 prefiles
to date: 24,754
Number of 2005 Intros
to date: 70,927
Number of enacted/adopted
overall in 2005: 1,579
Compiled
By GINA HUMMELL | Data current as of 2/10/05 | Source: State Net
database
TOP OF
PAGE
|
Editor: Rich
Ehisen
Associate Editor: Korey
Clark
Contributing Editor: A.G.
Block
Editorial Advisor: Lou Cannon
Correspondents: Richard Cox (CA),
Steve Karas (CA),
Bruce McKeeman (CA), Kelli Harvell Walter (FL), Linda Mendenhall (IL),
Lauren King (MA) and Ben Livingood (PA)
Design: Richard Hansen, Heather
Conway
Copyright 2005 State Net
ISSN: 1521-8449
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