POLITICS & LEADERSHIP
VA Senate reins in House

GOVERNORS
Ehrlich denies conspiracy to fire Dems
 

The week in session
Bird's eye view
Hot issues
In the Hopper
 

Green" buildings are more efficient, environmentally friendly and can even improve our health. They can also produce significant health care and energy cost savings -- something cash -- conscious states have taken 
notice of in droves.

Green Legislation Getting the Greenlight

Careful, the building you work in could be hazardous to your health. So says the Environmental Protection Agency (EPA), which considers poor indoor air quality -- both at home and in the workplace -- one of the top five environmental health risks we face today, one that leads to billions of dollars in preventable health care costs every year. It is a connection not lost on lawmakers, who have in recent years gotten behind the move to "green" buildings designed to be more friendly to both workers and the environment. 

The number of green buildings in the U.S. has more than doubled since 2003. That rise is a direct result of federal, state and local leaders insisting that new buildings -- both public and private -- become green. "Green" or "sustainable" buildings use key resources like energy, water, materials, and land more efficiently. The LEED (Leadership in Energy and Environmental Design) Green Building Rating System awards credits for satisfying specified criteria within six environmental categories: Sustainable Sites, Water Efficiency, Energy and Atmosphere, Materials and Resources, Indoor Environmental Quality, and Innovation and Design. Certified, Silver, Gold, and Platinum levels of green building certification are awarded based on the total credits earned.

"LEED is the most powerful voluntary industry transformation that I've ever seen," says Christine Ervin, President of the US Green Building Council. "Now there is national definition, education, branding and a third-party certifier to get the product delivered as promised. It is the Good Housekeeping seal of approval for green buildings."

All that green doesn't come cheaply. Designing a green building can add a 2-5 percent premium on construction costs (depending on the design and the level of greenness desired). Fortunately, such investments can pay for themselves 10 times over in life-cycle savings, according to a cost-benefit study for California's Sustainable Building Task Force  40 California agencies, for example, the report says an initial investment of up to $100,000 to incorporate green building features into a $5 million project would result in a savings of at least $1 million over the life of the building, assumed conservatively to be 20 years.

Such numbers make it easy to get on the green bandwagon. Last December, CALIFORNIA Governor Arnold Schwarzenegger (R) signed Executive Order 20, which "commits the state to aggressive action to reduce state building electricity usage by retrofitting, building and operating the most energy and resource efficient buildings by taking all cost-effective measures described in the Green Building Action Plan for facilities owned, funded or leased by the state and to encourage cities, counties and schools to do the same." Governors in ARIZONA, MAINE, MARYLAND, MICHIGAN, NEW YORK and NEW JERSEY (among others) have all signed similar legislation.

In addition to the new construction market, for existing buildings there are LEED certifications that basically say it is never too late to go green. "Addressing the existing commercial building market is huge. It is 80 times bigger than the new building market," says Ervin.

Legislatively, the USGBC prefers to talk softly and carry a big tax break. "Mandates are not as attractive to the general public as incentives," says Taryn Holowka, Communications Manager for USGBC. "We prefer to advocate for the incentive approach. We haven't run into too much opposition, especially as more states and cities get wind of it."

State incentives include programs like New York's State Energy Research and Development Authority, which offers a 10 percent increase in incentives for energy efficiency measures that reduce the use of electricity. NYSERDA provides low interest loans (4 percent below market rate) for energy efficiency measures and building materials that meet LEED or other generally accepted green building standards. The New York State Green Building Tax Credit Program provides a tax incentive to commercial developments incorporating specific green strategies informed by LEED.

OREGON's 35 percent Business Energy Tax Credit for sustainable buildings is tied to the LEED certification level achieved. A LEED Silver rating is the minimum standard to obtain the tax credit. For example, a 100,000 square foot LEED Silver building is eligible for a $140,000 tax credit. If the same building went for the Gold rating, it would snag a $177,485 tax credit.
In PENNSYLVANIA, four state funds, including the $20 million Sustainable Energy Fund, provide grants, loans and "near-equity" investments in energy efficiency and renewable energy projects in Pennsylvania.

Federally, the departments of State, Energy, Interior, the Environmental Protection Agency, the General Services Administration as well as the Air Force, Army and Navy have all committed to construct new buildings based on LEED standards.

One of the reasons government buildings account for more than three times the number of private buildings is that, unlike other developers, when government builds a building, they are going to be the tenant. That means they will reap the savings of a more energy efficient design.

"We're going to be operating our buildings for 50 years, so we'll see the long-term benefits associated with it" says Mary Tucker, Green Building Program Manager for the City of San Jose, CA. The city council voted unanimously in 2002 to mandate that all new city facilities adhere to the LEED certified rating. "When we went out into the community, they said the city should take a leadership role and be the first to [mandate it]."

Over 40 cities and counties from Acton, MA to West Hollywood, CA are currently requiring LEED certification of their projects. Some are just encouraging its use, others are requiring it only for publicly funded buildings. Still others are mandating that all new buildings over a certain size achieve a LEED Silver rating.

In the U.S. there are currently more than 20 bills that encourage buildings to adhere to the green building standards. Each has its own quirks, but says virtually the same thing -- "Go green, and we'll show you the money." 

In GEORGIA, for example, HB 152 would fund redevelopment projects if they have "enhanced energy and environmental design." In HAWAII, SB 1904 asserts that the state will not release grant money for construction of affordable housing in Hana, Maui unless the development is certified as LEED Silver. Other states with LEED-related bills introduced in 2005 include Maryland, ILLINOIS, WASHINGTON, NEW HAMPSHIRE and CONNECTICUT. Two 2004 NEW JERSEY bills, AB 1356 and SB 274, which would provide tax incentives for developers and owners who design and build green residential and mixed use developments are still alive but stalled in committees.

Virginia's HJR 110 encourages use of Green Building Rating design in new school construction, and HJR 109 targets the state's public institutions of higher education. HJR 108 (along with several other resolutions) encourages the Department of General Services to incorporate the Green Building rating system into construction contracts. 

With so many government entities "suggesting" or downright mandating green standards, some contractors are crying foul. "As far as mandates go, our members do not propose more regulatory burdens on our already burdened industry," says Melinda Flores, Environmental Program Coordinator for the Associated General Contractors of America. Private sector developers also complain that even with tax breaks, it can take up to 10 years to realize the savings of a green building, which is often prohibitive for builders who prefer to turn their investments over sooner than that. 

But many contractors also recognize a trend when they see one. "It is increasingly becoming necessary for our members to learn green building techniques," says Flores. "In fact some have made the business decision to specialize in green construction."

With customers willing to pay an extra premium to meet LEED standards, even old-fashioned contractors can see a lot of green in green.

-- By DON LIPPER

Don Lipper is a freelance writer based in Davis, California. He is a frequent contributor to the State Net Capitol Journal.

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Budget & taxes

TAX BREAKS NO DETERRENT TO MIGRATION: Last month, IOWA lawmakers proposed eliminating income taxes for residents under the age of 30, in the hope of convincing more young workers to stay in the state. But a study released last week suggests that plan probably wouldn't work. The study, conducted by the nonpartisan Legislative Fiscal Bureau, examined tax policy and migration rates in seven states in the Upper Midwest between 1996 and 2002. The bureau's conclusion? No substantive link. Researchers found that Iowa lost taxpayers -- mostly to the Sun Belt states of TEXAS and ARIZONA -- at about the same rate as ILLINOIS and MINNESOTA, despite sharp differences in tax policy between the three states. Even more instructive was the finding that SOUTH DAKOTA's migration rate to Arizona was the highest of all of the states in the study, even though it has no state income tax and Arizona does. Although the study did not look at the ages of those migrating, Iowa Sen. Jeff Lamberti (R), one of the authors of the under-30 tax break proposal, conceded that there were other factors behind the southward migration of Midwesterners. "We in the Midwest have certain geographic disadvantages we have to deal with," he said. "We are going to lose a certain number of people because of climate." Iowa Democrats say the study validates their argument that the state should focus on quality of life issues rather than tax breaks. Lamberti disagrees somewhat on that point. "There's a big group of young people who leave Iowa regardless," he says. "When you ask them, they all say it's jobs. They talk about quality of life and things to do, but by a large majority it's jobs." While it's unclear how cutting income taxes might improve the employment rate, it seems fairly apparent to the study's researchers that the outflow of Midwesterners over the past decade probably couldn't have been stanched by tax breaks of any kind. "Given this result, it is difficult to imagine a tax policy that would have substantially improved the situation," the study concluded. And that certainly won't help Sen. Lamberti's cause. (OMAHA WORLD-HERALD) 

PUBLIC COLLEGES LOOKING MORE PRIVATE: Financial constraints are making America's public colleges and universities less accessible to the public, according to a report released Feb. 16 by the Futures Project at Brown University. The report, entitled, "Correcting the Course: How We Can Restore the Ideals of Public Higher Education in a Market-Driven Era," states that many schools have responded to the stagnation of state higher-education funding by spending more money on cutting-edge technology and star faculty to attract top students and research dollars, while hiking tuition and cutting scholarships for lower-income students to cover the higher costs. "As a result, access to and success in higher education may become limited to those who can pay the cost of tuition and come with the advantages of preparedness and savvy, college-educated parents who can help navigate the process," the report says. The report is particularly critical of the recent trend in states like COLORADO, OKLAHOMA and TEXAS, where public schools are becoming more like private institutions, operating with less state oversight. VIRGINIA became the latest state to jump on that bandwagon with the introduction of legislation that would grant the state's 16 public colleges greater authority over tuition rates, purchasing, construction and employment in exchange for less state money. Different versions of the bill have passed each house and await a compromise in conference committee. (STATELINE.ORG) 

IL WANTS INTERNET LOTTERY: Currently, lottery tickets can't be purchased online anywhere in the U.S. But a group in ILLINOIS wants to change that. A leading Senate Democrat, Sen. John Cullerton, has introduced a bill calling for a study of an Internet-based lottery. The idea was pitched to Cullerton by an influential group that includes Mark Doyle, a member of Illinois Gov. Rod Blagojevich's (D) transition team and former aide to President Bill Clinton, the personal physician of Chicago Mayor Richard M. Daley, and a Chicago restaurateur who was a major contributor to both the Blagojevich and Cullerton campaigns. The backers say the venture would bring in a whole new segment of the population -- wealthier residents who typically aren't big lottery players -- and could generate as much as $100 million annually for the state's cash-strapped schools. But Blagojevich has been cool to the idea so far, sticking to a campaign promise not to expand gambling. And he has plenty of backers of his own: anti-gambling activists, who are pretty clear about their position on the subject. "It's the third rail for lotteries when they move into electronic gambling. Once a state allows that to happen, they're putting gambling in every neighborhood," said Rev. Tom Grey, an Illinois resident who is head of the National Coalition Against Legalized Gambling. (CHICAGO SUN-TIMES) 

BUDGETS IN BRIEF: U.S. tribal casinos took in an estimated $18.5 billion in 2004 -- 10 percent more than the year before -- according to a report released last week by the National Indian Gaming Association. The report also said tribal gaming generated $5.5 billion in federal taxes, reduced federal unemployment and welfare benefits by $1.4 billion and generated $1.8 billion in state revenue from taxes and government service agreements (ARIZONA REPUBLIC). * ILLINOIS Gov. Rod Blagojevich (D) unveiled his spending plan for 2006 last Wednesday. The plan aims to address the state's continuing structural deficit by cutting pension benefits for new state workers, scaling back the rate of growth of state school spending and increasing the cigarette tax by 75 cents per pack (CHICAGO SUN-TIMES, CHICAGO TRIBUNE). * The Southern Poverty Law Center (SPLC), known for tracking hate crimes across the nation, has given a grant to free up a prominent TENNESSEE public defender to fight Gov. Phil Bredesen's (D) proposed cuts to TennCare. "We feel like this is an extremely significant cause, not just in Tennessee, but throughout the nation," said the SPLC's legal director (TENNESSEAN [NASHVILLE]). * NEW YORK Assembly Speaker Sheldon Silver (D) has rejected Gov. George Pataki's (R) proposed contingency budget, which would go into effect if lawmakers fail to make the state's April 1 budget deadline. While supporters view the plan as a "bridge" to keep the state functioning when the budget is late -- as it has been for the last twenty years in a row -- Silver contends it would give the governor too much power and take away his incentive to negotiate with lawmakers (TIMES-UNION [ALBANY]). * The PENNSYLVANIA Supreme Court has agreed to consider a challenge to the state's new slot machine gambling law. Oral arguments are scheduled for March 9 (PITTSBURGH POST-GAZETTE). 
 

-- Compiled by KOREY CLARK

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Politics & leadership

VIRGINIA SENATE REINS IN HOUSE: The now infamous "droopy drawers" bill passed by VIRGINIA's House of Delegates two weeks ago had a very short life in the Senate. Just two days after the delegates gave their approval to HB 1981, which would have imposed a $50 fine on anyone who wore their pants so low that their underwear showed in a "lewd or indecent manner," the Senate Courts of Justice Committee unanimously voted to kill the bill and put an end to what the committee's chairman, Sen. Kenneth W. Stolle (R), called "an embarrassment to Virginia, nationally and internationally." Having been ridiculed in newscasts around the globe, even some delegates expressed gratitude for the Senate's action. Del. Brian J. Moran (D), for example, said, "I don't like to say, `Thank God for the Senate,' but that's the position we're in." 

The droopy drawers bill, however, is apparently just one of a slew of House-approved measures destined for the Senate scrap heap; other ill-fated House proposals include a measure to ban illegal aliens from attending the state's colleges, a bill banning gay couples from adopting children and legislation providing constitutional protection for prayer in schools. Some lawmakers say the divergent views of the two chambers are simply a product of the checks and balances built into the legislative process: House members, who serve two year terms, tend to favor bold ideas, whereas senators, who face voters every four years, usually take a more conservative approach. And those viewpoints tend to grow even further apart in election years like this one, in which all 100 House seats will be up for grabs. "The Senate has come to expect, in an election year for the House, a lot more hyperbole than substance," said Sen. John H. Chichester (R). "I think the droopy drawers bill is a case in point. I have my own personal thinking about people who walk around with their skivvies hiked up above their navel and their pants down to their knees, but legislating that freedom away is a very serious undertaking." (VIRGINIAN PILOT [NORFOLK]) 

ANOTHER PRIMARY BATTLE BREWING IN WA: Democrats and Republicans in WASHINGTON have been waging legal warfare for months over last year's gubernatorial election. But the combatants may soon become allies in another court battle -- also stemming from November -- over how the state chooses candidates for political office. On election day, voters passed Initiative 872, establishing a "top two" primary election system, much like LOUISIANA's, in which the top two vote-getters -- even if they're both of the same party -- go on to the general election. Party leaders responded to that development by declaring that if the state holds a primary that fails to advance one nominee from each party for each office, they will choose their own candidates either by convention or caucus. "If it is necessary to preserve our nominating rights, we would certainly challenge the `Cajun' (or top two) primary," said Democratic Party Chairman Paul Berendt. Secretary of State Sam Reed (R), in turn, said if the parties take that action, the state will just ignore their convention slates. And if election officials do that, says Republican Party Chairman Chris Vance, "we sue." The parties have had some success with that approach before, getting the state's old blanket primary system thrown out in 2003. But some observers are a little perplexed about the parties' advocacy of the convention/caucus system, which hasn't been used in the state since 1907. "That would be a big structural change, going back to what we did almost 100 years ago, going back to the smoke-filled room.... Particularly in this state, I think people are very hostile to it," said Todd Donovan, a political science professor at Western Washington University. The bottom line for the parties, however, is that they maintain control over the selection of their nominees. As one GOP party leader put it, "We want Republicans to nominate Republicans." (SEATTLE POST-INTELLIGENCER) 

JUDGE REJECTS SUN LAWSUIT: A federal judge dismissed a lawsuit filed by the Baltimore Sun challenging an order issued by MARYLAND Gov. Robert L. Ehrlich Jr. (R) that bars state employees from speaking to two of the newspaper's reporters. the Sun had filed the federal lawsuit in December, after Ehrlich banned government employees from speaking with Sun State House bureau chief David Nitkin and columnist Michael Olesker, claiming the reporters were "failing to objectively report" on the administration. But U.S. District Judge William D. Quarles Jr. ruled that The Sun was seeking "a privileged status beyond that of the private citizen," and that Ehrlich had every right to deny that special access to reporters he doesn't like. 

Responding to the decision, Sun editor Timothy A. Franklin said, "We believe that this is a clear case of a government official retaliating against people based on what they write and say, and in a democracy, where government should be transparent, that is a very troubling thing." That sentiment was shared by Gene Roberts, a journalism professor at the University of Maryland and former editor of the Philadelphia Enquirer. "The judge missed the point that government should not be in the business of [choosing] who covers them because the whole message that it sends is if we view you as less than favorable, you can no longer cover us. Which in the end would lead to only favorable news coverage." 

But Alex Jones, director of Harvard's Shorenstein Center on the Press, Politics and Public Policy, took a slightly different view, arguing that although Ehrlich's action was "silly," the Sun should not have brought suit because of the risk of setting a bad precedent. "I think that this was probably ill-advised on both parts, and if I were the Sun, I'd forget about it and go back to reporting," Jones said. "I don't think this is going to be a long-term problem. I think the Baltimore Sun can outlast the governor." But the Sun's Franklin said the paper could not let the ruling become a precedent and that they would appeal the case to the 4th Circuit Court in Richmond. They may not have much better luck there, however; legal experts say the 4th Circuit is one of the most conservative courts in the country. (BALTIMORE SUN) 

POLITICS IN BRIEF: The full 2nd U.S. Circuit Court of Appeals upheld the ruling of a three-judge panel in August declaring VERMONT's landmark finance campaign reform law constitutional. The law allows the Green Mountain State to limit campaign spending in all statewide races (RUTLAND HERALD). * ALABAMA Republicans announced that they intend to file a federal lawsuit challenging the state's current legislative district map, which was drawn by the Democrat-controlled Legislature. The suit will be patterned on the successful redistricting challenge in GEORGIA, which helped the GOP win control of the Peach State Legislature last year (MOBILE REGISTER). * CALIFORNIA Gov. Arnold Schwarzenegger (R) named Republican Bruce McPherson, a former state senator, as his replacement for resigning Secretary of State Kevin Shelley (D). McPherson was praised by lawmakers on both sides of the isle for his integrity, but observers say the Democrat-controlled Legislature may still drag its feet on confirmation (SAN JOSE MERCURY NEWS). * Also in CALIFORNIA, Gov. Schwarzenegger joined in a legal challenge to new campaign finance rules that would prohibit him from accepting individual donations over $23,300. The lawsuit was brought after a reform group accused campaign committee Citizens to Save California of accepting six- and seven-figure donations on the governor's behalf, in violation of the new rules (SAN JOSE MERCURY NEWS). * The GOP-controlled GEORGIA House and Senate unveiled their plans for new congressional districts last Tuesday. The Republicans hope that by replacing the map drawn in 2001, when the Democrats controlled the Legislature, they can expand their 7-6 margin on the delegation (ATLANTA JOURNAL-CONSTITUTION, MACON TELEGRAPH).  
 

-- Compiled by KOREY CLARK 

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Governors

EHRLICH DENIES CONSPIRACY TO FIRE MD DEMS: MARYLAND Gov. Robert L. Ehrlich Jr. (R) denied allegations last week that his administration is carrying out a clandestine plan to purge the state bureaucracy of Democrats. Ehrlich does not deny some high ranking state agency employees have been replaced, but claims he is only seeking to fill those positions with people who are "with our program" and is not specifically targeting Democrats. The new allegations came in the aftermath of the forced resignation of one of the governor's longtime political associates, Joseph F. Steffen Jr., who quit after admitting he had spread Internet rumors about trouble in the marriage of Baltimore Mayor Martin O'Malley. Steffen has long been a controversial figure in the Ehrlich administration, with critics accusing him of gaining access to state employee personnel data and creating lists of workers to be fired. Although Ehrlich expressed regret for the O'Malley incident, he dismissed Democrats' claims that he is out to get them, insisting he is only doing what they have done to Republicans for years. "When the party that has the monopoly loses, they're unhappy," said Ehrlich, the first GOP governor in the Old Line State in 36 years. The governor also won a round in his ongoing battle with the press as a federal judge ruled that Ehrlich did not violate the constitution by barring administration and state agency officials from talking to two Baltimore Sun journalists whose coverage he did not like. (See Politics & leadership) The newspaper plans to appeal the ruling. (WASHINGTON POST, BALTIMORE SUN)

ROMNEY SEEKS STEM CELL RESTRICTIONS: MASSACHUSETTS Gov. Mitt Romney (R) said last week he will seek legislation banning stem cell research that involves creating human embryos specifically for experimentation purposes. The proposal immediately drew fire from Democrats, including U.S. Sen. Ted Kennedy (D), who said Romney's plan would rob Massachusetts of the medical and financial benefits of one of the most promising areas of scientific research. Romney says he supports most stem cell research, including the use of otherwise disposed of human embryos from fertility clinics, but adamantly opposes "therapeutic" embryo cloning. His announcement came as state Senate president Robert E. Travaglini (D) was introducing a bill that would specifically promote embryonic stem cell research. Romney later indicated he is open to a compromise on the new research, and was briefed on a method of generating embryonic stem cells without creating embryos. (BOSTON GLOBE, NEW YORK TIMES, BOSTON HERALD)

PAROLE DOWN UNDER HENRY: The percentage of Sooner State prisoners to be granted parole has taken a significant drop under OKLAHOMA Gov. Brad Henry (D). Although Henry has granted more than 80 percent of the parole requests he has reviewed since coming into office two years ago, he is still signing off on significantly fewer requests than did his predecessor, Republican Frank Keating. Henry has authorized an average of 112 paroles per month since taking office two years ago, about 26 percent less than the 178 per month Keating averaged in 2002. (OKLAHOMAN [OKLAHOMA CITY])

GOVERNORS IN BRIEF: MICHIGAN Gov. Jennifer Granholm (D) said she would support increasing the number of liquor licenses in the Wolverine State as a way to make cities a more attractive place to live and work. Granholm has also proposed tripling the cost of those licenses -- currently $100 annually for beer and wine merchants and $600 for restaurants and bars -- to help boost the state's general fund (LANSING STATE JOURNAL). * Governors Mark Warner (D) of VIRGINIA and Tom Vilsack (D) of IOWA met with Congressional and administration leaders last week to begin negotiating potential changes to the  federal/state Medicaid program. President Bush has proposed cutting $60 billion from projected federal Medicaid spending over the next decade (NEW YORK TIMES). * MAINE Gov. John Baldacci (D) broke three ribs after slipping on ice outside of Blaine House, the Pine Tree State's official governor's residence. Baldacci was X-rayed and released (PORTLAND PRESS HERALD). * The CALIFORNIA Public Employees' Retirement System joined the California State Teachers' Retirement System in opposing Gov. Arnold Schwarzenegger's (R) proposal to replace guaranteed pension benefits with 401(k)-style accounts for future public employees (SACRAMENTO BEE). * NEW JERSEY Gov. Richard Codey (D) called a special legislative session to force lawmakers to reconsider a bill that would prohibit state contractors from making political contributions. The House already passed the legislation by a 78-0 count, but it failed in the Senate after all 18 Republicans abstained from voting. Codey was only able to gather 16 of the necessary 21 votes from his Democratic colleagues, prompting him to call lawmakers back together for another try this week (NEW YORK TIMES).
 

-- Compiled by RICH EHISEN

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Bird's eye view

States gone green

According to the U.S. Green Building Council, buildings account for one-third of all U.S. water, energy and materials consumption, and generate an equivalent proportion of pollution. The EPA notes that air pollution concentrations can be 2 to 5 times greater indoors than in outside air, bearing a collection of potentially harmful agents like carbon dioxide and toxic molds. That has caught the attention of numerous federal, state and local government agencies and private industry, which have combined to build more than 600 "green" buildings since 2000 (See SNCJ Spotlight in this issue). The accompanying map shows the states that currently have at least 31 green building projects in place that meet the Leadership in Energy and Design (LEED) standard recognized by the federal government.  

Hot issues

BUSINESS: The IOWA House endorses HF 277, legislation that allows the Hawkeye State's largest phone service providers to set new commercial and residential rates without prior state approval. In exchange, the companies would have to provide high-speed Internet access to more customers. The bill moves to the Senate (DES MOINES REGISTER). * The SOUTH CAROLINA House approves a measure that places restrictions on lawsuits stemming from shady business dealings and shoddy construction practices. The new rules would, among other things, cut the time limit for filing suit from 13 down to eight years and make defendants responsible only for their part of the problem. It moves to the Senate (STATE [COLOMBIA]). * The NORTH DAKOTA House endorses HB 1383, which would allow local city and county governments to extend bar closing hours to 2 a.m. It moves to the Senate (BISMARCK TRIBUNE). 

CRIME & PUNISHMENT: A COLORADO House committee narrowly approves legislation that would require a murdered woman's death certificate to show whether she was pregnant. It now goes to the full House (ROCKY MOUNTAIN NEWS). * The ARKANSAS Senate okay's SB 316, which would prohibit the death penalty for convicted offenders under the age of 18. It now goes back to the House for further consideration (LOG CABIN DEMOCRAT). * The WEST VIRGINIA Senate approves SB 146, a measure that would allow authorities to file separate criminal charges for both the mother and fetus in violent crimes against pregnant women. It moves to the House (CHARLESTON GAZETTE). 

EDUCATION: An ARKANSAS Senate committee rejects legislation that would have required Razorback State public school textbooks to define marriage as only being between one man and one woman. The vote effectively kills the measure for this session (ARKANSAS NEWS BUREAU). * A KENTUCKY Senate committee endorses SB 172, which would ban deep fried foods from school cafeterias and limit vending machine sales only to certain hours of the day. It moves to the full Senate (LEXINGTON [HERALD LEADER]). * An ARIZONA House committee also addresses school junk food by giving the nod to HB 2544, which would ban candy and soft drink sales during the school day. It heads to another committee (ARIZONA REPUBLIC). * A KENTUCKY House committee unanimously endorses HB 405, a measure that would require schools to develop policies to stop bullying, harassment and intimidation of students. The full House now gets a whack at it (COURIER JOURNAL [LOUISVILLE]). * Despite significant opposition from federal officials, the UTAH House unanimously endorses a bill that requires Beehive State officials to give higher priority to local education goals than to meeting federal No Child Left Behind guidelines. The measure now passes to the Senate (NEW YORK TIMES). 

ENVIRONMENT: The MONTANA Senate approves SB 293, which would require that most gasoline sold in the Treasure State contain at least 10 percent ethanol, a pollution-reducing grain alcohol made from corn, wheat and barley, all significant state crops. The bill moves to the House (BILLINGS GAZETTE). * GEORGIA Gov. Sonny Perdue (R) signs the Georgia Land Conservation Act. The law bundles $100 million in federal, state and private funds to entice land owners to permanently protect their private pastures and forests and other raw land from development (ATLANTA JOURNAL CONSTITUTION). * The NEW JERSEY Senate okay's legislation that would require car manufacturers to pay auto recyclers at least $1 for every mercury switch removed from wrecked cars. The bill moves to Gov. Richard Codey (D) for review. If signed into law, the Garden State would join MAINE as the only states in the nation to require the removal of switches (STAR-LEDGER [NEWARK]). 

HEALTH & SCIENCE: A MISSOURI committee approves SB 160, which would make growing human stem cells specifically for use in research a felony punishable by up to 15 years in prison. It moves to the full Senate (KANSAS CITY STAR). * The ARIZONA House endorses HB 2221, a measure that bars the Grand Canyon State from spending public money on reproductive or therapeutic cloning. It moves to the House (ARIZONA REPUBLIC). * Still in ARIZONA, a Senate panel signs off on SB 1485, which would allow health care providers to decline to participate in abortion, contraceptive or sterilization procedures on religious or moral grounds. The bill moves to the full Senate (ARIZONA REPUBLIC). * GEORGIA Gov. Sonny Perdue (R) signs SB 3, legislation that caps medical malpractice pain-and-suffering awards at $350,000 (ATLANTA JOURNAL CONSTITUTION). * The MICHIGAN Senate approves legislation that would allow Wolverine State pharmacies to sell and distribute prescription drugs by mail. The bill now heads to the House (DETROIT FREE PRESS). 

HOMELAND SECURITY: An ARKANSAS House committee approves HB 1012, which would allow select Razorback State troopers to receive training as immigration officers through the federal Dept. of Homeland Security. The measure goes before the full House (ARKANSAS DEMOCRAT GAZETTE). * A UTAH Senate committee advances legislation that would eliminate drivers' licenses for undocumented immigrants. SB 227 would grant them driving privilege cards that could not be used for identification. It motors off to the full Senate (SALT LAKE TRIBUNE).

SOCIAL POLICY: A Federal court upholds a UTAH ban on polygamy. The court rejected an argument from a man who wants to take on a second wife that a prohibition on polygamy is unconstitutional. The plaintiffs say they will appeal (SALT LAKE TRIBUNE). * The MONTANA Senate approves SB 199, which would add sexual orientation as a protected class under the Montana Human Rights Act. The act currently prohibits discrimination based on race, national origin, religion, gender, familial status, disabilities, creed, marital status and age. It must pass a second vote before moving to the Senate (MISSOULIAN). * The ARKANSAS Senate advances a bill that would require pregnant girls under the age of 18 to get parental consent to obtain an abortion. It moves back to the House (ARKANSAS NEWS BUREAU). 

POTPOURRI: An INDIANA House committee rejects HB 1508, which would have banned the use of hand-held cellular phones while driving (INDIANAPOLIS STAR). * An ARIZONA Senate committee endorses SB 1363, which would legalize the possession of loaded weapons in bars and restaurants that serve liquor as long as the person carrying the gun is not actually drinking. It moves to the full Senate (ARIZONA REPUBLIC). * A WYOMING House committee approves a bill that would ban open containers of alcohol in vehicles. It heads to the full House for review (BILLINGS GAZETTE).
 

-- Compiled by RICH EHISEN

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Upcoming Elections (2/16/05 - 03/02/05)

02/26/2005  Louisiana  (Spec General)
     House  Dist 096 (Orleans)

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Once around the statehouse lightly

BUDGET DUST I. The easy targets once again took a pellet between the eyes. This time, the wounded are inmates housed in MICHIGAN's prison system. According to the Detroit Free Press, the cash-strapped Wolverine State will save $250,000 a year by removing free coffee from prison menus. With Michigan trying to close a $375-million shortfall, the inmates' coffee fund will contribute a whopping .67 percent to the effort. Prisoners will still get their java, however -- they'll be able to buy it at prison stores. Maybe they will be more compliant, considering that most of them can't afford coffee and so won't be as jacked on caffeine. Besides prisoners and their meager cadre of advocates, is anyone complaining about the cut? Not bloody likely.

BUDGET DUST II. Prison officials in CALIFORNIA also were able to save some cash last week, reports the Contra Costa Times. They paroled a prisoner who had required a special guard for the past month, at a cost of $1,056 a day. The special guard was needed because the inmate was not housed in a normal prison environment but shackled to a hospital bed. Even the guard wasn't really necessary because the inmate was declared brain dead after being struck with a rubber projectile during a mid-January dust up in an exercise yard. He was released to his family last week, ending the state's obligation to pay a guard to read magazines at the foot of the prisoner's hospital bed. That savings ought to provide some elbowroom in the Dept. of Corrections' $6.75 billion budget.

BUDGET DUST III. Lawmakers in TENNESSEE currently are debating cuts to TennCare, which provides health benefits for both state workers and legislators. But as The Tennessean reports, lawmakers have a slightly different benefit package. (Yes, everyone is shocked.) While state workers lose their benefits when they leave state service, lawmakers retain theirs -- for themselves and their families -- for life. Currently, 134 ex-lawmakers and governors are on the TennCare rolls, costing the state $800,000 a year.

A BRIBE BY ANY OTHER NAME. It is an unwritten rule in big-time politics that big-time donations bring big-time rewards. But in the case of a NEBRASKA businessman, the unwritten somehow was jotted down -- much to the embarrassment of the Bush Administration and others. As The Associated Press notes, a prominent Lincoln trucking executive was promised an ambassadorship by a Bush fundraiser back when the president first ran for the office in 2000. The post never materialized, however, and the executive began writing letters to big-shot Republicans from the Cornhusker State -- namely, then-Gov. Mike Johanns and U.S. Sen. Charles Hagel. The exec wasn't mad, just curious. Some of that correspondence became public recently when Johanns was nominated to be Secretary of Agriculture. By the way, the exec never became an ambassador but in 2003 was appointed chair of the federal board that oversees student loans -- two weeks after staging another fundraiser for Bush.

BAT IN THE BELFRY. State senators from VIRGINIA finally had it up to their nether regions last week with meaningless pieces of legislation passed by the House of Delegates. According to the Richmond Times-Dispatch, the straw that pushed senators over the cliff was a House bill designating the state's official bat. The Senate gutted the bill, removing the Virginia big-eared variety and substituting instead a different kind of bat -- the Louisville Slugger. Never mind that the world-famed baseball bat is manufactured in KENTUCKY. Kentucky, after all, was once part of Virginia. The battle over bats follows close on the heels of another Senate rejection -- that of a House bill to allow local governments to ban sagging pants. (That is not a typo. It was "pants," as in britches, Levis, slacks. The bill to ban sagging "plants" is probably being drafted for next week.)
 

-- By A.G. BLOCK

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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