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Volume
XIII, No. 9
March 7, 2005
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| TOP
STORY
For more than a year,
the debate over same-sex marriage has raged from the White House to the
statehouse. Many states have moved to constitutionally define marriage,
a drive that is shifting
to the classroom.
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SNCJ
Spotlight
States
taking gay marriage battle to the classroom
Bolstered by a clean sweep at the polls last November, numerous legislatures
across the country have this year been emphatically pushing to constitutionally
define marriage as only being between one man and one woman. That drive
has also spilled over into the classroom, where some lawmakers and education
officials now want school textbooks to reflect that same definition. |
References to gay lifestyles have been a source of contention
in choosing school textbooks for several years. In TEXAS in 2000, for example,
the Santa Fe Independent School District adopted a policy aimed at
ridding elementary and middle school shelves of "vulgarity, profanity,
references to homosexuality or other deviant behavior." That resulted in
the removal of titles like Judy Blume's "Just As Long As We're Together,"
Katherine Paterson's "Bridge to Terabithia" and Jack London's "Call of
the Wild."
Texas education officials took that policy a step further last November
when the State Board of Education asked book publishers to change health
textbooks to specifically define marriage as only being between one man
and one woman. Board member Terry Leo, who proposed the changes, said they
were necessary to prevent "asexual stealth phrases" such as "individuals
who marry" from finding their way into the books.
"Marriage has been defined in Texas, so it should also be defined in
our health textbooks as marriage between a man and a woman," Leo said at
the time.
Those changes drew immediate fire from gay and lesbian groups as well
as some textbook publishers, who complained that because Texas is the second
largest textbook buyer in the country, their action would unduly influence
dozens of other states to follow suit. Books sold in large states like
Texas and CALIFORNIA are frequently marketed in other states as well.
A few states have already taken legislative action seeking to copy the
new Texas policy. Last month, the ARKANSAS House passed HB 1136, which
would have mandated that public school textbooks not be able to promote
any form of marriage other than the one-man one-woman version approved
in the Razorback State constitution. A Senate committee later rejected
the bill, but its author, Rep. Roy Ragland (R), is contemplating bringing
it back in an amended form later this session.
The issue is still alive in ALABAMA, where House Bill 30, authored by
Rep. Gerald Allen (R), is awaiting action in the House Education Committee.
HB 30 would bar the state from spending any public funds "to purchase or
promote" books for schools or libraries that contain homosexual characters.
Allen is also the author of HB1, an amendment to the state constitution
that would define marriage as only being between one man and one woman.
At this writing, that measure has passed in the House and is under review
in the Senate.
Bills like HB 30 greatly concern Mark Potok, a spokesman for the Montgomery-based
Southern Poverty Law Center. "I call (HB 30) a Nazi book burning," Potok
says. "If this bill passes, half the classics of western civilization would
be banned, including Plato, Shakespeare and Hemmingway." Potok says he
doubts the bill will ever make it out of the Education Committee, lamenting
that, "All this has done is heap ridicule on the state of Alabama from
people all over the world."
Allen deflects that criticism, citing exit polls from the November election
that showed moral issues were the number one voter concern as proof the
people of his state want bills like HB 30 and HB 1 to become Heart of Dixie
law.
"I am not a bigot," he says. "I share a deep concern with my fellow
citizens that the family is not being taken care of."
Allen also says he is not suggesting a book burning or digging a hole
to dispose of all copies of "The Color Purple" or "Heather has Two
Mommies," but that he would like to stop using public funds to purchase
books that "teach alternate lifestyles are acceptable. If children are
indoctrinated now by textbooks that say gay lifestyles are all right, then
20 years from now it will seem normal."
Arkansas Rep. Ragland (R) says he has fielded many calls from constituents
who accuse him of trying to impose his religious views on society, a charge
he denies.
"This bill is really just a preemptive measure," says Ragland, who compares
the issue to the controversy surrounding teen executions. "We have never
executed a teenager in the state," he says. "But until a few days ago (when
the U.S. Supreme Court ruled that executing teenagers is unconstitutional),
there was no law saying we couldn't do it if we wanted to. It is the same
with textbooks; without a law, there could still be textbooks that don't
adhere to our state constitution. I want to protect taxpayers from paying
for that."
He also notes that he has had just as many phone calls and e-mails in
support of his bill, and that the Arkansas constitutional amendment barring
recognition of same-sex marriages passed overwhelmingly last November.
Back in Texas, the same Santa Fe Independent School District policy
that bans references to homosexuality also calls for district personnel
to choose books that: "present various sides of controversial issues so
that students have an opportunity to develop, under guidance, skills in
critical analysis and in making informed judgments in their daily lives;
represent many ethnic, religious, and cultural groups and their contributions
to the national heritage and world community; [and] provide a wide range
of background information that will enable students to make intelligent
judgments in their daily lives."
It is not always easy to balance those objectives, says Teresa Brown,
a librarian for the Santa Fe Elementary North school in Santa Fe. Brown
says that while librarians have the power to choose books, they have no
control over the selection they are given to choose from.
"I choose books from approved vendors and if a parent has a problem,
then a committee is formed to determine if the book is appropriate," Brown
says.
Those vendors are usually approved by local school districts, which
is just how the Texas Education Agency (TEA) likes it. The TEA prefers
that local districts have the legal ability do choose for themselves
the books that will be in the classroom or the library. "Local control
is important," says DeEtta Culbertson, an information specialist for TEA.
Alabama's Rep. Allen counters that while he is generally in favor of
local control, some communities don't have the leadership to see what is
happening and they need some guidelines. "I wish all school districts had
the backbone to do the right thing," Allen says.
Textbook manufacturers, which are effectively caught in the middle of
the debate, are following the situation closely. Anne Deem, the author
of a series of Texas-approved health and character development books called
Myrtle Learns, says she incorporated lessons on persuasion and the environment
in her books after she learned about the curriculum requirements in Texas
and California. "I would not take those sections out to sell them to other
states. It would be too difficult to differentiate."
McGraw Hill, which publishes textbooks used in a majority of the states
in the nation "listens to requests and makes changes when it fits with
the standards of the book," according to spokeswoman April Hattori. In
the case of TEA's request that the gender of parents be clear, McGraw Hill
"agreed to make the changes in some instances and not others" and created
a Texas edition.
When asked about the proposed Alabama law, Hattori cautions, "a change
in law does not automatically translate into a change in curriculum requirements."
She said her company "works with educators" to determine what will be included
-- and what won't.
Andrew Borchini, southeastern regional manager of the Gay and Lesbian
Alliance Against Defamation (GLADD), predicts that if Alabama's HB 30 passes,
it will not withstand legal scrutiny. He points to a recent federal judge`s
decision in GEORGIA to make a school district remove stickers that cautioned
"evolution is a theory and not a fact" because they are unconstitutional.
"It's a first amendment issue," Borchini says.
Allen says he is not concerned about the legal aspects of his bill right
now, noting that, "the legal question will be answered at a later date."
Allen adds that he has gotten much positive response from all over the
country since he filed the bill.
"Alabama is a leader in this moral cause," he says.
-- By J.T. LONG
J.T.
Long is a freelance journalist based in Roseville, California. State Net
Capitol Journal editor Rich Ehisen contributed additional reporting for
this story.
TOP
OF PAGE
The
Week in Session
Number of 2005
prefiles last week: 584
Number of 2005 Intros
last week: 7,285
Number of bills enacted/adopted
last week: 1,441
Number of 2005 prefiles
to date: 26,526
Number of 2005 Intros
to date: 99,287
Number of enacted/adopted
overall in 2005: 4,758
Letters
indicate special/extraordinary sessions
Compiled
By GINA HUMMELL | Data current as of 3/4/05 | Source: State
Net database
TOP OF
PAGE
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Budget & taxes
MARYLAND HOUSE PASSES SLOTS BILL:
A little over a week ago, MARYLAND's House of Delegates did
something it has never done before: pass a bill legalizing slot machine
gaming. But many are still skeptical Old Line State residents will be depositing
coins and pulling levers any time soon. For the last two years, Gov. Robert
L. Ehrlich Jr. (R) has won passage of a slot machine gaming bill in the
Democrat-controlled Senate, only to see it killed by Democrats in the House.
But the third time proved to be the charm when the House narrowly approved
a slots bill on Feb. 25. Unfortunately, that bill differs substantially
from the one passed by the Senate earlier in the month, authorizing fewer
machines (9,500 versus the Senate proposal's 15,500), specifying different
locations, setting different profit levels for machine operators and stipulating
an alternate method of awarding licenses. Ehrlich and Senate President
Thomas V. Mike Miller (D) said the House bill needs some changes, but House
Speaker Michael E. Busch (D) says any tinkering will doom the bill in his
chamber. Commenting on the state of affairs, Miller stated, "I would say
we're at second base," adding, "A lot of times people get stranded on second
base." (BALTIMORE SUN, DELAWARE STATE NEWS [DOVER], WASHINGTON POST)
CODEY PROPOSES AUSTERE BUDGET: Acting
NEW JERSEY governor Richard Codey (D) unveiled a state budget plan last
week that not only includes the largest cut in state spending in more than
50 years, but also calls for substantial increases in taxes and other fees.
Proclaiming it a "day of reckoning" that had been produced by "years of
spending levels that couldn't, and cannot, be sustained," Codey recommended
slashing overall spending by $600 million, while increasing taxes and fees
by $570 million. The hard-line budget proposal, which came just weeks after
Codey decided not to run for a full term as governor -- having replaced
James E. McGreevey (D) in November -- drew immediate criticism from lawmakers
on both sides of the isle. One of the main points of contention is Codey's
proposal to scale back a popular state property tax rebate program. "If
we continue to tax and spend in the manner proposed while cutting property
tax relief, we will cease to be a place where working families can live
and raise their children," warned Senate Republican Leader Leonard Lance.
But the staunchest opponents of Codey's plan may be his fellow Democrats
in the Assembly, all of whom are up for re-election this year. Assembly
Majority Leader Joe Roberts, although praising Codey for his frankness,
made the Democrats' position on the property tax issue pretty clear: "The
idea that we would support a budget that completely eliminates property
tax relief, I believe, is unacceptable." (NEW JERSEY STAR-LEDGER [NEWARK],
NEW YORK TIMES)
BUDGETS IN BRIEF: Both houses of
VIRGINIA's General Assembly passed the state budget plan last week -- with
no debate -- and quietly adjourned, a fairly remarkable departure from
last session's budget debacle, which kept the two chambers locked in a
bitter feud months past their scheduled adjournment date. With the state's
financial situation having improved substantially this year and all 100
members of the House of Delegates facing re-election, lawmakers chose to
forego contentious issues, such as the state's overburdened transportation
system (VIRGINIAN-PILOT [NORFOLK]). * MICHIGAN Gov. Jennifer Granholm (D)
issued an executive order last Tuesday that officially ends the practice
of awarding state contracts without competitive bidding. Granholm had reduced
the number of no-bid and sole-bid contracts from 20 percent to 2 percent
in her two years in office, and her new directive will eliminate the rest
(ASSOCIATED PRESS, ANN ARBOR NEWS). * The U.S. Supreme Court has agreed
to weigh the issue of whether states may tax motor fuel sold on Indian
reservations. Thirteen states -- ARIZONA, CALIFORNIA, CONECTICUT, IDAHO,
IOWA, MASSACHUSETTS, MISSOURI, NEW MEXICO, NORTH DAKOTA, OKLAHOMA, SOUTH
DAKOTA, UTAH and WYOMING -- asked the high court to hear the case, which
was brought by the state of KANSAS against the Prairie Band Potawatomi
tribe (ASSOCIATED PRESS, RAPID CITY JOURNAL, LAWRENCE JOURNAL-WORLD). *
Last week, PENNSYLVANIA Gov. Ed Rendell (D) authorized the transfer of
$68 million in federal highway funds to the financially-troubled mass transit
agencies in Pittsburgh and Philadelphia in order to stave off imminent
fare increases and cuts in service. But the 11th-hour bailout must still
be approved by the Southwestern Pennsylvania Commission, several members
of which have expressed opposition to the stopgap measure (PITTSBURGH POST-GAZETTE).
* KENTUCKY moved a step closer to overhauling its tax code for the first
time in over a decade when the Republican-controlled Senate unanimously
passed the tax reform measure sent to them two weeks earlier by the Democrat-led
House. Because the upper chamber made some minor modifications to the House
bill, it has now gone to a conference committee (LEXINGTON HERALD-LEADER,
ASSOCIATED PRESS, COURIER-JOURNAL [LOUISVILLE]). * RHODE ISLAND home and
business owners in some towns are paying four times more in property taxes
than property owners in other towns on homes and businesses of equal value,
according to a study by the Rhode Island Public Expenditures Council. RIPEC
says the variation in tax rates is the result of several factors, including
local choices about what services communities want to provide, the varying
amount of state and federal funding communities receive and, especially,
how much communities spend on education (PROVIDENCE JOURNAL).
-- Compiled by KOREY CLARK
TOP OF PAGE
Politics
& leadership
"PAY-TO-PLAY" BAN FINALLY PASSES IN
NJ: After years of debate, the NEW JERSEY Senate last week finally
-- and unanimously -- approved legislation banning "pay-to-play," the practice
of rewarding campaign donors with government contracts. The 34-0 vote was
a major victory for Gov. Richard J. Codey (D), who'd been embarrassed two
weeks earlier when members of his own party had joined up with Republicans
to oppose the legislation he'd authored. The governor had called lawmakers
into special session last Monday for a re-vote, and he was clearly pleased
with his change of fortune. "What a difference two weeks makes," he said.
The Republicans and four Democrats who had abstained from the first vote,
arguing that the bill contained too many loopholes, were swayed the second
time around by a series of highly critical newspaper editorials, although
the lawmakers continued to express misgivings. "I think this bill is just
tinkering around the edges of real reform," said Sen. Robert Smith (D).
"I don't know that we just made the system better. We might have made it
worse. On the other hand, this bill has turned into a symbol, and I felt
the need to change my vote." Codey is expected to sign the bill, but may
do so with a conditional veto, requiring lawmakers to change some language
to exempt highway contracts from the law, in order to free up $350 million
in highway funds the federal government is withholding. (PHILADELPHIA INQUIRER,
NEW YORK TIMES)
SOME THINGS NEVER CHANGE: Over the
past few years, split control of the GEORGIA Legislature, with Democrats
holding a majority in the House and Republicans dominant in the Senate,
has virtually guaranteed conflict between the two chambers. But the GOP's
takeover of the House in November apparently hasn't brought an end to the
bicameral bickering. The two chambers have found themselves deadlocked
over a midyear spending bill that observers say is the least complicated
of several appropriations bills the Legislature must pass this year. A
six-member conference committee has been trying for over a week to resolve
differences between the House and Senate versions of the midyear budget,
without making headway. The main point of conflict is the $20 million in
"pork" spending the new Republican House leaders stuck in their proposal
to thank constituents for facilitating their coup. Senate leaders say the
midyear budget, which only covers the last four months of the budget year,
is no place for such projects. But the House has held firm, focusing on
the bigger picture. "Being the first budget between the two bodies, we
don't need to set the tone by folding too soon," said Rep. Mack Crawford
(R), who is seeking a $275,000 for a project in his district. Some lawmakers
downplayed the conflict, suggesting it was just a phase. Senate Appropriations
Committee Chairman Jack Hill (R), for example, said, "It's a little bit
of a dance in a way in that we're learning more about our partner...Where
do we hold hands? Where do we kick? So we're learning, and I don't see
us all that far apart. Evidently prone to speaking in metaphor, Hill added,
"I just don't think either side's going to be able have it all their way.
We're not Burger King." But others view things a little less optimistically.
Charles Bullock, a University of Georgia political scientist, says the
Republicans' squabbling is a product of institutional House-Senate rivalry.
"I suspect that in every bicameral legislature you have this "us" against
"them," he said. That opinion is shared by Rep. David Ralston (R), who
has actually served in both chambers. "It's just the nature of having the
two houses. The only way you'd change that is to move to Nebraska." (ASSOCIATED
PRESS, MACON TELEGRAPH)
DEMS BOYCOTT KILLS 132 BILLS: The
INDIANA House came to a standstill last Tuesday after Democrats withdrew
from the floor, denying the Republican majority the quorum required to
conduct legislative business. The move was undertaken to block two bills,
one giving the governor his own prosecutor and the other requiring residents
to show ID in order to vote, which the Dems contend reduces minority participation.
But coming on the last day that the chamber was allowed to act on legislation
and send it to the Senate, the 15-hour boycott killed 130 other bills in
the process. The main problem for Republicans was that few of the bills
awaiting action were sponsored by Democrats; many were actually legislative
priorities of new Gov. Mitch Daniels (R), the most high-profile of which
is a measure to shift the state to daylight-saving time. (Indiana is one
of only three states that currently does not observe it.) Capitol-watchers
say some of the legislation, such as a plan to fund a new stadium for the
Indianapolis Colts, could just be folded into the House budget proposal,
but other bills, like the daylight-saving time measure could be tougher
to revive. At least one Democratic lawmaker, however, expressed the opinion
that none of the legislation was dead yet. "This is not the death knell
for anything," said Rep. Chester Dobis. One option that is evidently available
to lawmakers is to simply extend the deadline for sending bills to the
Senate. (INDIANAPOLIS STAR, JOURNAL GAZETTE [FORT WAYNE])
POLITICS IN BRIEF: CALIFORNIA's
Democratic legislative leaders have offered to relinquish their power to
draw legislative districts to an independent panel if Gov. Arnold Schwarzenegger
(R) agrees to wait until 2010 to redraw the lines. Schwarzenegger is pushing
to create new maps in time for the 2006 election, and has proposed taking
the issue to voters in a special election this fall (LOS ANGELES TIMES).
* Last week, a TEXAS court began deliberating whether the state's 2002
legislative races, which gave the GOP control of the House for the first
time since the 1870s, were conducted illegally. The case is the civil counterpart
to a criminal investigation that has already produced several indictments
against corporations and Republican operatives tied to U.S. House Majority
Leader Tom Delay (DALLAS MORNING NEWS, ASSOCIATED PRESS, SAN ANTONIO EXPRESS-NEWS).
* Juneau selected the winner of its competition to design a new Capitol
building. City leaders are hoping the design will help cement Juneau's
status as ALASKA's capital
city, but it doesn't appear to be helping their
cause. Neither the futuristic winning design -- which features a translucent,
150-foot, egg-shaped dome -- nor the three other finalists were especially
popular with residents. "I would rather move the capital to Anchorage then
look at one of these eyesores the rest of my life here," said one (ANCHORAGE
DAILY NEWS). * Last Monday, the OKLAHOMA Senate went live on the Internet
with streaming audio and video. Initiating the Webcast cost the chamber
nothing, because an existing surveillance camera and computer server were
used (OKLAHOMAN [OKLAHOMA CITY]).
-- Compiled by KOREY CLARK
TOP OF PAGE
Governors
WESTERN GOVS WANT CHANGES TO ESA:
Citing a need to "modernize" a 30-year-old law, the Western
Governors Association (WGA) last week formally called on Congress to make
a series of "common-sense changes" to the federal Endangered Species Act.
The WGA represents governors from 18 western states and three U.S.-flag
Pacific islands. In a letter sent to OKLAHOMA Sen. James Inhofe (R), who
chairs the Senate Committee on Environment and Public Works, and VERMONT
Sen. James Jeffords (I), the Committee's ranking minority member, the WGA
asked Congressional leaders to give states more latitude in interpreting
and enforcing the ESA statutes. The request mirrors an earlier call from
some Congressional leaders seeking to alter the Act. Specific requests
included allowing individual states to delist a species if it has reached
acceptable numbers there, regardless of how it is doing in other states,
and allowing states to participate in picking the scientists who review
evidence used to designate species' as endangered. The letter drew immediate
opposition from environmental groups, which claim the ESA already directs
the federal government to work closely with states on conservation issues.
Another specific request that agitated eco-groups was the letter's emphasis
on ensuring the use of "objective, peer-reviewed science" in making ESA
decisions. "Everyone agrees that (the ESA) should be implemented on the
basis of good science," said Greg Loarie, an attorney with the environmental
law firm EarthJustice. "The problem is that current proposals replace real
science with political science." (DAILY HERALD [PROVO], BILLINGS GAZETTE,
WESTERN GOVERNORS ASSOCIATION)
PERRY BACKS TX NO CHILD CHALLENGE: TEXAS
Gov. Rick Perry (R) broke ranks with the Bush administration last week
on its No Child Left Behind (NCLB) education policy. Perry, normally one
of the law's biggest supporters, said he supports Lone Star State
education commissioner Dr. Shirley Neeley's challenge to the federal law
over standardized testing of special-education students. The NCLB statute
requires that schools exempt no more than 1 percent of their students from
testing because of learning disabilities, with any students in excess of
that number counted as "failing." Texas applied for a waiver from
the U.S. Dept. of Education, but was flatly denied. That rejection apparently
did not sit well with them, as Texas education officials exempted nearly
10 times that number anyway, an act of defiance that could endanger some
of the more than $1 billion in federal funding the state receives anually.
Perry stood by Neeley's decision to exceed the waiver limit, saying "She
makes the daily decisions, and I support her and the Texas Education Agency."
Texas is just one of many states to thumb its nose at NCLB mandates of
late, most notably in the UTAH House, which passed legislation that gives
priority to state education laws over federal statutes. (HOUSTON CHRONICLE)
GOVERNORS IN BRIEF: MAINE Gov. John
Baldacci (D) introduced a bill that would add sexual orientation as a class
protected against discrimination in employment, education and housing.
If passed, the bill would amend the Maine Human Rights Act, which already
bars discrimination based on race, gender and disabilities (BANGOR DAILY
NEWS). * ALASKA Gov. Frank Murkowski (R) last week proposed a limit on
state employees' personal holdings in companies they deal with on official
business. The proposal would bar lawmakers from owning more than 1 percent
of voting or equity interest in such a company, owning more than $10,000
of the company's fair market value or being on the company's board of directors
(JUNEAU EMPIRE). * CALIFORNIA Gov. Arnold Schwarzenegger (R) says he will
not continue seeking to replace the state employees' pension system with
private retirement accounts as long as a new system can be devised that
produces a cost savings for taxpayers and predictable costs for the state.
Schwarzenegger has threatened to take his plan to move government workers
hired from 2007 forward into 401(k)-style accounts in place of fixed payments
guaranteed at retirement (LOS ANGELES TIMES).
-- Compiled by RICH EHISEN
TOP OF PAGE
Bird's eye view
Committing
to tougher academic standards
Citing a steady decline in
America's high school graduation rates and higher education achievement,
more than a dozen governors attending the recent National Education Summit
on High Schools in Washington, D.C. have agreed to work together to raise
their respective state's high school academic standards. The coalition
agreed to take specific steps to make high school curriculums more rigorous,
including requiring every student take college prep courses in order to
graduate. The governors also pledged to match their graduation standards
with the expectations of colleges and employers, and to hold their schools
accountable for ensuring students get their diplomas. The Summit was co-sponsored
by the National Governors Association and Achieve Inc., a non-profit group
that promotes higher high school education standards. The accompanying
map shows the 13 states that make up the coalition.
Hot
issues
BUSINESS: The NEW MEXICO
House overwhelmingly endorses HB 65, legislation that would, among other
things, limit payday loans short-term cash advances against
the borrower's paycheck to no more than $1,000 and give loan
recipients 24 hours to change their minds. It heads to the Senate (SANTA
FE NEW MEXICAN). * The COLORADO House backs HB 1179, which would double
damage awards to workers who have not been paid what their bosses owe them.
The Centennial State receives approximately 6,000 claims from workers every
year saying they have not paid wages due them. The measure moves to the
Senate (ROCKY MOUNTAIN NEWS). * A federal court halts the U.S. Dept. of
Agriculture from opening the border to Canadian live cattle. Canadian cattle
have been barred from importation into the states since May of 2003, when
bovine spongiform encephalopathy, or mad cow disease, was discovered in
a herd in Alberta (BILLINGS GAZETTE).
CRIME & PUNISHMENT: The U.S.
Supreme Court abolishes capital punishment for juvenile offenders, ruling
that executing offenders who were under the age of 18 when they committed
their crimes constitutes cruel and unusual punishment. The high court's
ruling came in the case of a MISSOURI man who was sentenced to die for
a murder he committed when he was 17. The ruling also overrides laws in
20 states that allow for the execution of juvenile offenders (WASHINGTON
POST). * An ARIZONA House committee approves HB 2175, a measure that would
require anyone purchasing pseudoephedrine-based cold and allergy products
to present identification and to sign a police log book. It moves to the
full House (ARIZONA DAILY STAR). * The NEW MEXICO House unanimously endorses
HB 282, legislation that would require all people convicted of drunken
driving to have an ignition interlock installed in their vehicle for a
minimum of one year. Interlocks are breathalyzer devices that prevent drivers
from starting their car if they are intoxicated. It moves to the Senate
(SANTA FE NEW MEXICAN). * The MONTANA House approves legislation that says
brandishing a firearm is not a crime, as long as it is in self-defense
and the holder does not actually shoot anyone. It fires off to the Senate
(BILLINGS GAZETTE).
EDUCATION: The UTAH Senate approves
HB 135, legislation that would place state education goals ahead of federal
requirements. The measure was sent to Gov. John Huntsman Jr. (R), who called
a special session of the Legislature rather than signing it into law. Huntsman
called the special session in order to give his office, state education
leaders and federal officials more time to negotiate the matter (DAILY
HERALD [PROVO]). * The U.S. Dept. of Education rejects a CONNECTICUT request
to be exempted from expanded testing requirements dictated by the No Child
Left Behind Act. Connecticut education officials say the cost of the extra
testing will exceed federal funding given to the state by $40 million (HARTFORD
COURANT).
ENVIRONMENT: A federal court rules
that FLORIDA environmental officials must require dairy farms to get permits
before discharging cattle waste into groundwater. The decision upholds
the ruling of a lower court, which said the Sunshine State Dept. of Environmental
Protections had wrongly allowed more than 50 dairy farms to send waste
into groundwater without proper permits (ST. PETERSBURG TIMES). * The NEW
MEXICO Senate approves SB 337, which would allow private Land of Enchantment
game parks to grow from the current limit of 3,200 acres to a maximum of
15,000 acres. Game in the state's 28 game parks are privately owned, and
state hunting licenses are not required to shoot them. The measure gallops
off to the House (SANTA FE NEW MEXICAN).
HEALTH & SCIENCE: The ARKANSAS
House unanimously endorses HB 1442, which would require nursing aids to
receive training in how to care for Alzheimer's patients. It moves to the
Senate (ARKANSAS NEWS BUREAU). * A GEORGIA Senate committee approves HB
197, a measure that requires Peach State doctors to offer women seeking
an abortion information on the medical risks associated with the procedure
as well as alternatives like adoption. It must clear another committee
before making it to the Senate floor (ATLANTA JOURNAL CONSTITUTION).
SOCIAL POLICY: A TENNESSEE House
committee endorses HJR 24, which would ban recognition of same-sex marriages
conducted in other states. It walks down the aisle to another committee
(TENNESSEAN [NASHVILLE]). * The UTAH House okay's SB 227, a measure that
will bar illegal immigrants from acquiring a Beehive State driver's license.
The licenses will be replaced by a "driving privilege card" that looks
different than a standard driver's license. It would not be usable as identification.
The measure heads to Gov. John Huntsman Jr. (R) for consideration (SALT
LAKE TRIBUNE). * The U.S. Supreme Court begins hearing arguments on whether
government buildings can legally display a copy of the Ten Commandments.
The hearing stems from cases originating in TEXAS and KENTUCKY, where plaintiffs
have sued to have various forms of the religious symbol -- one a six-foot
red granite monument -- removed from public buildings. The high court's
decision is expected this summer (NEW YORK TIMES).
POTPOURRI: A WASHINGTON Senate committee
rings through on SB 5160, legislation that would require Evergreen State
motorists to use a hands-free device if they talk on their cell phones
while driving. The measure now goes to the full Senate (SEATTLE POST-INTELLIGENCER).
* A HAWAII Senate committee approves SB 1222, which would allow the state
to seek reimbursement for search and rescue operations from people who
fail to "exercise reasonable care" by trespassing or ignoring weather warnings
before heading out into the forests or ocean. The bill now sets out for
the Senate (HONOLULU STAR BULLETIN). * The INDIANA Senate puts the pedal
to the metal for SB 127, which would raise the Hoosier State speed limit
on certain non-interstate highways to 65 mph. The chamber had already endorsed
a bill that would increase limits on many rural roads to 70 mph. Both measures
zoomed off to the House (INDIANAPOLIS STAR).
-- Compiled by RICH EHISEN
TOP OF PAGE
Upcoming
Elections (2/28/05 - 03/14/05)
03/05/2005
Louisiana (Special Primary)
House District 029,
036, 066
03/08/2005 Alabama
Special Election
House 082
Once around the statehouse
lightly
MINISTRY OF SILLY STUNTS. A
pair of British adventurers has descended on UTAH with the express intention
of violating that state's silliest law. According to The Salt Lake Tribune,
the dynamic duo landed in Utah while recklessly making their way across
the continent in search of whack-o laws to break. Unfortunately, their
research ran afoul of reality in the Beehive State, for Luke Bateman and
Richard Smith had planned to hunt whales in the Great Salt Lake. It turns
out, however, that the practice is not illegal in Utah because no whales
inhabit the lake. Instead, Bateman and Smith might want to discriminate
against someone who wants to buy butterfat -- that is against the law in
Utah.
MARGARET HOULLIHAN LIVES. The statue
that sculptor Joe Mullins created to honor female veterans in WEST VIRGINIA
may never see the light of day. As The Associated Press reports, the director
of the state Division of Veterans' Affairs has strongly objected to the
work because it isn't feminine enough. The statue, first approved by the
Division of Culture and History in 1999, shows a muscular woman in pants
and a T-shirt. Several lawmakers also have harped on the fact that Mullins'
creation does not follow military uniform regulations. Mullins objects
to the objections, saying that Veterans' Affairs had nothing to do with
commissioning the statue; that came from the Culture and History. Ah, yes,
says a Culture and History spokesperson, but Veterans' Affairs must fork
over $100,000 to have the statue cast in bronze. "The statue that Mr. Mullins
created is dead," is the verdict from Veterans' Affairs. Mullins won't
go begging, however; he has already been paid $50,000 for his design.
NEW DEMOCRATIC STRATEGY. Never mind
taking a poll on issues. NORTH CAROLINA Gov. Mike Easley has a better way
to determine how he and ostensibly other Democrats are viewed by a key
segment of the electorate. As noted in the Charlotte News and Observer,
Easley directed his pollsters to survey viewers of the animated Fox TV
sitcom, "King of the Hill." The central character is a good old boy propane
salesman who, the governor confesses, "reminds me of so many of my friends."
Easley was the only Southern Democratic governor to win re-election in
2004.
FROM THE MIKE TYSON SCHOOL OF LEGISLATIVE DECORUM.
It often seems like so much hogwash when a legislator refers
to a hated rival as "my esteemed colleague" during a heated floor debate.
Well, COLORADO Republican Bill Cadman dispensed with the false niceties
last week when he confronted Democrat Val Vigil with these soothing words:
"If you try that again, I'll ram my fist up your ass." The confrontation,
reports the Rocky Mountain News, took place over a bill to allow the families
of soldiers killed in action to use license plates normally reserved for
active military personnel. The exchange was prompted by Vigil's attempt
to amend the bill, which Cadman referred to as "garbage." Vigil responded
that Cadman should know garbage, and the subsequent explosion -- and accompanying
rhetoric -- was heard in parts of WYOMING. Both lawmakers were said to
regret the incident. A vote on the bill was delayed.
LIVING HISTORY DEPARTMENT. British
Petroleum wants to build a liquefied natural gas plant in NEW JERSEY along
the Delaware River. But the $500 million project is tangled up in an agreement
fashioned more than 320 years ago between William Penn and the Duke of
York that ceded nearly all the river to what is now DELAWARE. So, reports
The New York Times, a 2,000-foot pier jutting into the river from the proposed
plant requires the approval of -- and a permit from -- Delaware. But Delaware
authorities denied the permit last month on the grounds that the plant
constitutes new heavy industry banned in the state's coastal zone. BP is
appealing. Meanwhile, irate New Jersey lawmakers are rattling sabers at
neighboring Delaware, the air thick with the talk of war -- economic war,
that is.
-- By A.G. BLOCK
TOP OF PAGE
In
The Hopper
State Net tracks
tens of thousands of bills in all 50 states and Congress at any given time.
Here's a snapshot of what's in the legislative works:
Number of 2005 prefiles
last week: 584
Number of 2005 Intros
last week: 7,285
Number of bills enacted/adopted
last week: 1,441
Number of 2005 prefiles
to date: 26,526
Number of 2005 Intros
to date: 99,287
Number of enacted/adopted
overall in 2005: 4,758
Compiled
By GINA HUMMELL | Data current as of 3/3/05 | 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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