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Volume
XIII, No. 11
March 21, 2005
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| TOP
STORY
Conservatives have long
complained that college professors bully students into adopting liberal
viewpoints. Now some lawmakers are turning that perception into legislation
designed to force politics out of the classroom.
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SNCJ
Spotlight
States
ponder legislating "intellectual diversity"
Colleges and universities have for decades been viewed as bastions of
liberal thinking. That perception has for just as long irked conservatives,
who claim their viewpoint is often stifled by left-leaning professors seeking
to indoctrinate students into the liberal camp. This argument has steadily
gained traction, particularly as state legislatures have shifted to the
right, leading states from CALIFORNIA to FLORIDA to introduce legislation
this year that could dramatically alter what is and is not said in college
classrooms. |
At least 12 states are currently considering bills based at
least in part on the Academic Bill of Rights (ABR), the brainchild of political
activist and writer David Horowitz of the Center for the Study of Popular
Culture, a Los Angeles-based conservative think tank. Horowitz developed
the ABR, which purports to level the playing field for conservative students
by forbidding college professors from bringing their political viewpoints
into the classroom, as a means of lessening the impact of what he sees
as a long-standing liberal bias by those teachers.
The ABR would, among other things, bar academic institutions from making
their hiring, firing and tenure decisions based on a professor's political
views. It would also prohibit teachers from grading their students - either
positively or negatively - based on that student's political or religious
beliefs, while requiring that curricula and reading lists in the humanities
and social science disciplines reflect "the uncertainty and unsettled character
of all human knowledge in those areas by providing students with dissenting
sources and viewpoints where appropriate."
States currently considering some form of this legislation include California,
Florida, INDIANA, HAWAII, MASSACHUSETTS, MARYLAND, MAINE, MINNESOTA, OHIO,
RHODE ISLAND, TENNESSEE and WASHINGTON. Congress has also taken up the
issue under the heading of House Concurrent Resolution 318, sponsored by
GEORGIA Rep. Jack Kingston (R). The Georgia Senate approved an Academic
Bill of Rights last year in the form of a Senate Resolution. Taking a much
different tack, MISSOURI House Bill 432, authored by Rep. Mark Wright (R),
would abolish the tenure system as a means of forcing teachers to be more
careful with their words and deeds.
Much of that support for the ABR has been spurred by stories of students
being intimidated by professors who use poor grades and verbal attacks
as weapons of retribution against students who disagree with them. Sen.
Larry Mumper (R), the sponsor of Ohio's ABR legislation, Senate Bill 24,
says in his view the problem is significant enough to warrant legislative
action.
"I have received complaints over the years from students who have had
their academic freedoms violated and do not believe that the universities
are doing enough to rectify the problem," Mumper says. "It is my goal to
open up the classroom to all points of view and allow individuals to freely
express themselves without the fear of discrimination."
Horowitz himself testified this month in favor of SB 24, citing numerous
cases of what he considers to be discrimination from campuses around the
nation.
"It is not an education when a mid-term examination contains a required
essay on the topic, `Explain Why President Bush Is a War Criminal,' as
did a criminology exam at the University of Northern Colorado in 2003,"
Horowitz said at the hearing. "It is not an education when a professor
of property law harangues his class on why all Republicans are racist as
happened at the Colorado University Law School in 2004."
Horowitz also denied the ABR is aimed solely at protecting conservative
viewpoints, testifying, "It is the task of professors - whether they are
politically left or politically conservative - to teach students how to
think and not what to think about matters that are controversial."
Ryan Anderson, a senior General Management and Marketing major at California
State University Sacramento (CSUS), says he has also experienced situations
like those Horowitz describes.
"When I was in community college, a sociology teacher assigned our class
a term paper where we were expected to explain why we should all be progressives,"
Anderson says. "I don't agree with that, and I said so in my paper. The
professor failed it with virtually no comment on the academic quality of
my work. His only commentary was a blurb at the end that said I had no
grounds or right to think that way."
Anderson says that same teacher assigned Michael Moore's "Stupid White
Men" as a required text, and berated another student in front of the class
for reading a book written by conservative radio talk show host Rush Limbaugh.
Anderson does admit to getting an A in the course, but says the experience
has since made him more sensitive to similar situations.
"There is a time and a place for political opinions, but the classroom
isn't it," he says. "Teachers should just shut up (politically) and teach
the class."
While stories such as Anderson's have clearly inspired lawmakers like
Mumper, they don't do much for Nick Burnett, a tenured professor of communication
studies also at CSUS.
"Too much of the evidence used to construct the argument for an Academic
Bill of Rights is anecdotal," Burnett says. "It is the same kind of evidence
used in recent years to condemn political correctness, which is to say
a couple of really well publicized anecdotes about some student being called
out in a classroom by some liberal professor, which [supporters] are then
perfectly willing to make into a drumbeat on conservative blogs and in
the conservative media."
Burnett also argues that the best tact a student in Anderson's position
could take is to bring his complaint to the department the teacher is in,
and to fill out the evaluation forms every student receives at the end
of a class cycle.
"Every campus I know takes those evaluations very seriously," Burnett
says.
Ironically, the ABR was also on the table last year in COLORADO, the
state that has been ground zero in 2005 for the debate over academic freedom.
In 2004, Rep. Shawn Mitchell (R), now a state senator, sponsored HB 1315,
which would have enacted the Academic Bill of Rights, but pulled the bill
after leaders from the state's major universities signed a memorandum of
understanding with lawmakers that promised they would review their student
rights and grievance procedures in order to ensure that student political
diversity is "recognized and protected." Mitchell said he considered it
"bad faith" to continue pushing the bill after the schools agreed to voluntarily
address what he called "academic bullying."
Colorado Sen. Bob Hagedorn (D), who also teaches political science at
a local college, responded to Mitchell's bill this year with SB 85, a measure
that attempts to protect a professor's right to introduce controversial
subject matter. The bill codifies the premise that students should "expect
an examination of diverse beliefs and ideas, whether those ideas confirm
or challenge one's existing views," and would also protect professors and
students pursuing "knowledge and the expression of ideas" from legislative
interference. The bill is currently in the Colorado Senate Committee on
Education.
Hagedorn, of course, introduced his bill before the firestorm surrounding
the controversial essay published by Colorado University ethnic studies
professor Ward Churchill became national news. Churchill's essay, written
in the hours immediately after the World Trade Center attacks and recently
published with a collection of other works by Churchill, claimed 9/11 was
justified and that those people killed were "little Eichmanns," a reference
to the notorious Nazi who oversaw the murder of more than 6 million Jews
in concentration camps during World War II. Once publicized, that essay
drew instantaneous rage from people across the nation, including Colorado
Gov. Bill Owens (R), who called immediately for Churchill to be fired from
his $94,000-a-year job. The university refused, citing Churchill's tenure.
Owens has continued to pressure the university regents to terminate Churchill's
contract, and some Colorado legislators have suggested completely cutting
off state funding to the professor's department. The controversy has also
likely ensured that Owens will veto SB 85 if it clears the Legislature.
Although Churchill's enemies have been pouring out of the woodwork for
months, he has acquired at least one seemingly odd bedfellow. Bradley Shipp,
the national field director for Students for Academic Freedom, a Washington
D.C.-based student-led organization that acts as a clearinghouse for students
that support movements like the ABR, says his group does not support Owens'
attempts to have Churchill fired.
"Ward Churchill has a right to say what he is going to say. He shouldn't
be fired for that," Shipp says. "But we do think students should be afforded
the same level of freedom in the classroom as a Ward Churchill."
Shipp also says that the Colorado University system has done a good
job of trying to address the concerns that students have over intellectual
diversity on both sides of the political fence.
"This situation [with Churchill] is in some ways a good thing because
it shines the light on the entire issue of academic freedom in the classroom,"
Shipp says. "It also reinforces our opinion that there is no reason for
teachers in certain subjects to discuss politics."
-- By RICH EHISEN
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Bird's
eye view
Litigation
environment not the same in all states
An overwhelming
number of American businesses say the fear of frivolous lawsuits in a state
could affect important business decisions at their company, according to
a new report conducted by Harris Interactive for the United States Chamber
of Commerce and the U.S. Chamber Institute for Legal Reform. The 2004 State
Liability Systems Ranking Study, compiled from interviews with more than
1,400 senior corporate attorneys across the country, ranks each state based
on how "reasonable and fair" each is perceived to be by U.S. companies.
Respondents were asked to grade states in eight categories, including treatment
of class action lawsuits and judges' impartiality and fairness. According
to those grades, DELAWARE has the fairest litigation environment;
MISSISSIPPI has the worst. The accompanying map shows the top and bottom
10 states in the survey. To view the full report with scores and grades
for each state, please visit the Institute for Legal Reform Web site at
http://www.instituteforlegalreform.com/
-- By RICH EHISEN
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PAGE
The
Week in Session
States in Regular
Session: AK, AL, AR, AZ, CO, CT, DC, DE, FL, GA, HI, IA, ID,
IL, IN, KS, MA, MD, ME, MI, MN, MO, MS, MT, NC, ND, NE, NH, NJ, NV, NY,
OH, OK, OR, PA (House), RI, SC, TN, TX, US, VT, WA, WI, WV
States in Skeleton Session:
OH
States in Recess:
CA, CA "a", PA (Senate)
Currently Prefiling:
LA(Drafts for 2005)
States Projected to Adjourn:
KY, SD
States Adjourned in 2005:
DC "z", IL "z", MA "z", NM, NY "z", UT, VA, WY
States in Special Session
Adjourned in 2005: DE "c", FL "a", MD "a", MS "a", WI "a", WV
"a"
Letters
indicate special/extraordinary sessions
Compiled
By GINA HUMMELL | Data current as of 3/18/05 | Source: State
Net database
TOP OF
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|
Budget & taxes
LOTS ONCE AGAIN A LONGSHOT IN MD:
Two weeks ago, MARYLAND's House of Delegates passed slot machine
gambling legislation for the very first time, giving gambling proponents
a slim hope that legalized slot-machine gaming might finally be coming
to the Old Line State. But that hope was dashed last week when a Senate
committee rejected the House plan and replaced it with a more expansive
proposal the Senate passed last month. The Senate has passed similar bills
the last two years, only to see both die in the House. Although the House
finally passed a slot machine bill, Senate President Thomas V. Mike Miller
(D) and Gov. Robert L. Ehrlich Jr. (R) objected to several elements in
the measure, such as how many machines would be allowed and how locations
for the machines would be determined. Miller said he's willing to talk
the issue over with House leaders, but acknowledged that "If they want
to kill the bill, they can kill the bill." And, according to House Speaker
Michael E. Busch (D), it's likely that's just what they'll do. Busch said
he didn't think the delegates would be willing to consider any other slots
proposals. In fact, he said he doubted he could even get a majority to
pass the House slots plan a second time. Ultimately, Busch said, the Senate
"had the chance to embrace a bill that would be supported by the administration
and signed into law. They missed their opportunity." (BALTIMORE SUN)
BUDGETS IN BRIEF: A sales tax on
newspapers was stripped from a comprehensive tax bill in the TEXAS House
last week after drawing fire from news executives for targeting newspapers
and not other media. Several House members - including a couple of Republicans
- had suggested the tax was a punitive response from House Speaker Tom
Craddick (R) to unflattering press coverage, an allegation he has flatly
denied (SAN ANTONIO EXPRESS-NEWS). · International law firm Kirkland
& Ellis LLP has volunteered to provide free legal assistance to the
TENNESSEE Justice Center, which is seeking to block the state from cutting
323,000 enrollees from the TennCare health coverage program. Kirkland &
Ellis has ties to major drug manufacturers, including Schering-Plough,
Bayer and Abbott Laboratories (ASSOCIATED PRESS, TENNESSEAN [NASHVILLE).
· MISSISSIPPI lawmakers struck a deal late last Sunday night to
keep the state's Medicaid plan afloat through June. Under the plan proposed
by the House and approved by the Senate, the state will borrow money from
its tobacco trust fund and use the 2 percent cash reserve set aside each
year for emergencies (SUN HERALD [BILOXI]). · Also in MISSISSIPPI,
the House came under scrutiny last week when it approved a $112 million
bond package that included $500,000 for a fledgling company with no permanent
address. House Ways and Means Chairman Percy Watson (D) said the company,
M-Quality Inc., is a 4-month-old "humanitarian group" that will operate
in the Caribbean (CLARION-LEDGER [JACKSON])). · The Democratic majority
in the WASHINGTON Senate laid the groundwork for a tax increase last week
by drafting an amendment that would nullify part of a voter initiative
passed in 1993 (I-601) requiring a two-thirds vote to increase taxes. The
amendment (SB 6078) would require only a simple majority to raise taxes,
effectively preventing the Republican minority from blocking an effort
to do so (SEATTLE POST-INTELLIGENCER). · For the first time in nearly
a half century, the SOUTH CAROLINA House unanimously approved a state budget.
The feat was made possible by $300 million in extra revenue this year that
allowed budget writers to appease just about every lawmaker (POST AND COURIER
[CHARLESTON]). · NEW YORK Senate Majority Leader Joseph Bruno (R)
and Assembly Speaker Sheldon Silver (D) took a step toward passing the
first on-time budget in twenty years by securing a "conceptual agreement"
on a spending plan that adds $1.5 billion to Gov. George Pataki's (R) $105.2
billion proposal. But observers say there's still a lot of work to be done
before the April 1 deadline (NEW YORK POST).
-- Compiled by KOREY CLARK
TOP OF PAGE
Politics
& leadership
DEMS STILL POWERLESS BUT LESS COMBATIVE
IN FL: Holding just 36 of the 120 seats in FLORIDA's House,
Democrats are as impotent in the chamber as ever. But lately they don't
seem too troubled about that. Observers say this is because they're finally
getting a little respect. New House Speaker Allan Bense (R) -- unlike other
recent House leaders -- has made an effort to generate a collegial working
relationship with Democrats, giving them greater access to the budget process
and to the Republican leadership in general; they've even received decent
parking spots. "We're in the worst position that we've ever been in, and
I feel like I'm in the best position I've ever been in," said Democratic
Rep. Ron Greenstein. Bense's position is that "Just because someone's a
Democrat or a Republican doesn't mean that they're not a productive member
and a bright member of the Florida House that has ideas and thoughts."
His equanimity may stem from the fact that the Panhandle district he represents
is dominated by registered Democrats; he was a Democrat himself until 1989.
Whatever the reason, his approach has Democrats rethinking their usual
combative tactics. "We've thrown rocks, we've yelled at the top of our
lungs, and we're not rewarded by the voters. We lost seats every year,"
said Democratic House Leader, Rep. Chris Smith. The chamber's key Democrat
says his party will likely choose their battles more carefully this session,
avoiding strident positions on social issues like prayer in school and
abortion restrictions. "Those aren't winning issues. We don't want to get
sucked into those fights," he said. The Democrats have enjoyed some recent
political successes, like last year when they shamed the Republicans into
covering more children under KidCare, the state's subsidized children's
health insurance program. And this year -- with help from some Republicans
-- they shamed Gov. Jeb Bush (R) into providing more money for the state's
Medically Needy program. Given those victories, the Democrats' strategy
the next two years, according to Sen. Walter "Skip" Campbell (D), will
be "amiable confrontation on the issues that need to be confronted." (ST.
PETERSBURG TIMES)
WA GOV CASE POSES CONFLICTS OF INTEREST: The
Republicans' legal challenge to Democrat Christine Gregoire's 129-vote
victory in WASHINGTON's 2004 gubernatorial election could pose some ethical
problems if it reaches the Evergreen State's highest court. Virtually all
of the state's nine Supreme Court justices have ties to the candidates
or other participants in the case. One, for instance, received $300,000
in contributions during his last two campaigns from the Building Industry
Association of Washington, which supported Republican candidate Dino Rossi
and is actively assisting in the effort to nullify Gregoire's win. The
husband of another was a contributor to Gregoire, who helped that same
justice fight off calls to resign when she was arrested for drunken driving
in 2003. A third has sued the state twice over professional conflicts with
Gregoire, and claims that she tried to frame him for an ethics charge when
she was attorney general. While the case still has to be heard by a lower
court, some of the lawyers involved have said they wouldn't rule out asking
justices with potential conflicts to disqualify themselves if the case
comes before them. "The decisions in this case should be made by someone
who everyone agrees is unimpeachable," said Kevin Hamilton, one of the
lawyers for the Democrats. (SEATTLE POST-INTELLIGENCER)
NEW LOBBYING RULES RESTRICT PARTICIPATION:
NEW JERSEY's Election Law Enforcement Commission heard testimony
last week on proposed regulations concerning lobbying in the Garden State,
drawn up to comply with laws signed last year by then-Gov. James E. McGreevey
(D). Little of the testimony was positive. Most of it centered on the proposal
to expand the definition of lobbying to encompass not just efforts to influence
the legislative and regulatory process, but attempts to influence all "governmental
processes," including the awarding of contracts. The president of the Commerce
and Industry Association of New Jersey, Richard Goldberg, said that change
would require "literally thousands of individuals who interact with state
government" to register as lobbyists. Bruce Cohen, general counsel for
Verizon New Jersey, said his company's roster of lobbyists -- which currently
includes just three names -- could "easily go over 100." And it wasn't
just business leaders who voiced opposition to the new rules. State regulators
said they fear the expanded definition of lobbying could lead to an exodus
of citizen volunteers from advisory boards. The commission will decide
whether to adopt the rules as written, make minor changes or scrap them
entirely and start over at its regular meeting in May. (STAR-LEDGER [NEWARK])
AT THE POLLS: MASSACHUSETTS held
primaries last Tuesday to narrow the field of potential replacements for
three veteran Democratic lawmakers who retired to take on other jobs: House
Speaker Thomas M. Finneran, Rep. Brian P. Golden and Rep. Peter J. Larkin.
Haitian-American and political neophyte Linda Dorcena Forry triumphed over
four other political outsiders in the Democratic primary for Finneran's
seat, while political consultant Michael Moran edged out three other Democrats
in Golden's Boston district. Since Republicans are not fielding candidates
for either of those seats, Forry and Moran have likely clinched them. The
victors in the primaries for Larkin's post, which include Democrat Christopher
Sperranzo and Republican Terry Kinnas, will face each other in the general
election on April 12 (BOSTON GLOBE).
POLITICS IN BRIEF: Members of the
WASHINGTON House agreed almost unanimously last week to move the state's
primary from September to August to help out military voters. The 95-1
vote on HB 2027 has given House leaders hope that they can get the measure
through the Senate, which rejected the primary date change a few days earlier
(OLYMPIAN). * WASHINGTON's House also approved HB 1749, a bill that would
shift the state to an OREGON-like mail-only voting system, beginning in
2008. The Senate has approved its own version of the proposal, which lets
individual counties decide whether to switch to voting by mail, so the
two chambers will have to work out a compromise (SEATTLE POST-INTELLIGENCER).
* A measure that would fine political candidates for lying about legislators'
voting records stalled in the OKLAHOMA Senate last week when it fell a
few votes short of the 25 it needed to pass. Although the bill's sponsor,
Sen. Glenn Coffee (R), managed to keep the bill alive on a procedural motion,
he conceded that even if it does pass, it would only penalize candidates
for lying about voting records. They would still be able to "lie about
anything else," he said (SHAWNEE NEWS-STAR). * A NEVADA Assembly elections
panel unanimously approved a constitutional amendment (AJR 13) that would
allow legislators -- rather than just the governor -- to call a special
session and determine its agenda if a majority agreed. Nevada is one of
12 states in which lawmakers cannot call their own session and one of nine
in which they cannot set the session's agenda (LAS VEGAS REVIEW-JOURNAL).
* The recent resignation of CALIFORNIA Secretary of State Kevin Shelley
over allegations that he used his office to advance his own political career
has spurred a bipartisan legislative effort to make the office nonpartisan.
Of three proposed bills, the most sweeping is SB 11 by Sen. Debra Bowen
(D), which would bar the officeholder from endorsing or opposing any candidate
for public office or ballot measure. Another -- SCA 4 by Jeff Denham (R)
-- would amend the state Constitution and require the approval of voters
(SACRAMENTO BEE). * The MINNESOTA Senate approved a bill last Monday that
would relax restrictions on reporters who wish to observe voters on election
day. Under the provisions of a law enacted last year -- considered one
of the most restrictive in the nation -- journalists are required to obtain
written permission before entering a polling place and must limit their
visit to 15 minutes. A companion measure in the House is moving more slowly
(ASSOCIATED PRESS, STAR TRIBUNE). * A GEORGIA House member was publicly
chastised by Speaker Glenn Richardson (R) last week for disrupting a special
Saturday session of the General Assembly. Rep. Alisha Thomas Morgan (D)
refused to leave the House podium when her allotted time had expired and
then began singing a civil rights anthem over Richardson's banging gavel
in protest of a bill passed the night before requiring voters to show a
photo ID before casting their ballot, a mandate she said would deny some
black people of their right to vote (ATLANTA JOURNAL-CONSTITUTION).
-- Compiled by KOREY CLARK
TOP OF PAGE
Hot
issues
BUSINESS: The IDAHO Senate
approves legislation that would require all Gem State building contractors
to be licensed by the state. Currently, only subcontractors like plumbers,
electricians and HVAC installers must be registered. The measure heads
to Gov. Dirk Kempthorne (R) for review (IDAHO STATESMAN). * IOWA Gov. Tom
Vilsack (D) signs legislation that removes price controls on local phone
service in the Hawkeye State. The bill takes effect this summer (SIOUX
CITY JOURNAL). * An ALABAMA House committee votes to make it illegal for
video stores to sell children video games that have been rated "Mature"
or "Adult" because of sexual or violent content. The measure moves to the
full House (BIRMINGHAM NEWS). * The ILLINOIS House approves a measure that
would require retailers to place a large warning decal on the package of
any video game deemed to be unsuitable for children. It moves to the Senate
(DAILY HERALD [ARLINGTON]).
CRIME & PUNISHMENT: A TEXAS
Senate committee signs off on a measure that would give Lone Star State
juries the option of sentencing murderers to life in prison without parole.
Jurors currently can only sentence convicted killers to death or life in
prison with the possibility of parole for 40 years. It heads to the full
Senate (DALLAS MORNING NEWS).* The ILLINOIS House approves a measure that
would require Prairie State juries to find convicted murderers guilty beyond
all doubt before they could sentence them to death. It moves to the Senate
(DAILY HERALD [ARLINGTON]) * The WEST VIRGINIA House endorses a bill that
would make it a separate crime to harm or kill an unborn child while in
the act of assaulting its mother. The measure goes to Gov. Joe Manchin
(D), who has vowed to sign it (REGISTER-HERALD [BECKLEY]). * The ARIZONA
Senate overwhelmingly approves SB 1240, which would allow first-time DUI
offenders to equip their vehicle with an ignition interlock device for
one year in place of receiving a suspended license. Interlocks prevent
intoxicated drivers from starting their car. It moves to the House (ARIZONA
REPUBLIC).
EDUCATION: The ARIZONA House gives
passing grades to HB 2079, a measure that would allow some Grand Canyon
State community colleges to give baccalaureate degrees. The bill graduates
to the Senate (ARIZONA REPUBLIC). * Still in ARIZONA, the Senate okay's
SB 1506, a bill that would allow parents to receive up to $4,500 per child
to send them to private or parochial schools. An identical bill is expected
to pass any moment in the House, which would send the measure to Gov. Janet
Napolitano (D) for review (ARIZONA REPUBLIC). * The MICHIGAN Senate pledges
its unanimous support to a bill that would require Wolverine State public
schools to set aside time each day for students to recite the Pledge of
Allegiance. The measure would not force students to say the pledge if they
or their parents object. The bill now goes before the House (DETROIT FREE
PRESS).
ENVIRONMENT: The United States Senate
approves language in a federal budget bill that would allow oil drilling
for the first time in ALASKA's Arctic National Wildlife Refuge. The Senate
must still approve the overall bill, which would then need to be reconciled
with a version passed by the House, approved again in the Senate and signed
by President Bush before any drilling could begin (NEW YORK TIMES). * An
ALABAMA Senate committee unanimously approves a bill that would require
state officials to measure pollution affecting minority populations before
considering industrial permits. It now goes before the full Senate (BIRMINGHAM
NEWS). * The WASHINGTON House endorses HB 1397, which would require the
Evergreen State to adopt the same automotive emissions standards used in
CALIFORNIA. The Golden State mandates that all new cars and light-duty
trucks sold in or after 2016 produce much lower emissions levels than are
currently allowed. Eight other states have also adopted California's standards
(SEATTLE POST-INTELLIGENCER). * The IDAHO Senate approves House Bills 152,
153 and 154, measures that settle a century-and-a-half old dispute with
the Nez Perce Tribe over water rights granted to them in an 1855 treaty.
The bills -- which cede annual rights to 50,000-acre feet of water in the
Clearwater River, $80 million in cash, 11,000 acres of land and a pledge
from state and local governments to provide millions of dollars more for
fish habitat and other environmental improvements in exchange for the tribe
giving up claims to all other water rights -- now go to Gov. Dirk Kempthorne
(R), who has said he will sign them into law (IDAHO STATESMAN).
HEALTH & SCIENCE: The IDAHO
House cites cost factors as it rejects HB 286, which would have authorized
health insurance providers to cover mental health conditions in the same
manner they cover physical ailments (IDAHO STATE JOURNAL). * The OKLAHOMA
Senate endorses a bill that would allow state health officials to license
and regulate tattoo parlors. The Sooner State is currently the only one
in the nation not to regulate the body art. The bill moves to the House
(SHAWNEE NEWS STAR). * A COLORADO House committee just says no to HB 1130,
a bill that would have forced pharmacy benefits-managers to reveal if they
have taken money from drug companies to promote one drug over another (ROCKY
MOUNTAIN NEWS).
HOMELAND SECURITY: Saying the law
would leave the state "susceptible to a host of unintended consequences,"
ARIZONA Gov. Janet Napolitano (D) vetoes SB 1333, which would have allowed
state officials to use racketeering laws to prosecute eco-terrorists (ARIZONA
DAILY STAR). * Still in ARIZONA, Gov. Janet Napolitano (D) signs SB 1372,
a measure that gives local authorities the right to prosecute "coyotes,"
those people who specialize in transporting illegal immigrants across national
and state borders. The Grand Canyon State is a major transportation route
for illegal immigration (ARIZONA REPUBLIC).
SOCIAL POLICY: A CALIFORNIA court
rules that a Golden State law barring same-sex marriage is unconstitutional.
Supporters of the law say they will appeal the ruling. Most observers expect
the matter to wind up in the state Supreme Court (SAN FRANCISCO CHRONICLE).
* An INDIANA House committee approves a proposed constitutional amendment
that would define marriage as only being between one man and one woman.
It moves to the full House (FORT WAYNE JOURNAL GAZETTE). * The IOWA House
follows suit by also approving a constitutional amendment that would limit
nuptials to one man and one woman. The proposal now moves to the Senate
(DES MOINES REGISTER). * UTAH Gov. Jon Huntsman (R) signs SB 14, which
allows a surrogate mother to legally give birth to another couple's child
(SALT LAKE TRIBUNE). * A MINNESOTA Senate committee approves legislation
that would establish a state fund for agencies that discourage abortion.
It moves to another committee (MINNEAPOLIS STAR TRIBUNE).
TRANSPORTATION: The MARYLAND House
approves a package of bills that impose new restrictions on teenage drivers
in the Old Line State. Among the new regulations under consideration are
a ban on cell phone use for any driver under the age of 18. The bills now
peel out for the Senate (BALTIMORE SUN). * The WASHINGTON Senate gives
the nod to SB 5160, which would bar drivers from talking on their cell
phones while driving. The measure now rings over to the House (SEATTLE
TIMES). * The KANSAS Senate endorses a measure that would require all minors
to wear seat belts or to ride in special safety seats. The measure would
impose a $60 fine for violating the law. It moves to the House (LAWRENCE
JOURNAL-WORLD). * The NEW JERSEY Senate unanimously approves SB 1510, which
would bar motorized scooters known as "pocket bikes" from Garden State
streets and sidewalks. It scoots off to the Assembly (STAR-LEDGER [NEWARK]).
* A MICHIGAN Senate panel approves SB 297, a bill that would let motorcyclists
who have met certain conditions ride their bikes without helmets.
Helmetless riders would have to have been licensed for two years or have
taken an authorized safety course. It goes to the Senate (DETROIT NEWS).
POTPOURRI: The OREGON House endorses
HB 2549, a bill that would allow Beaver State residents to build houses
on agricultural land without being or becoming farmers. The bill would
also speed up building for property owners who file claims under Measure
37, the state's new property rights law. The bill migrates to the Senate
(OREGONIAN [PORTLAND]). * An ILLINOIS House committee approves a measure
that would ban semiautomatic assault rifles. The committee also endorses
a proposal to allow crime victims and their families to sue gun dealers
they claim have knowingly sold weapons to criminals. The measures shoot
off to the full House (DAILY HERALD [ARLINGTON]).
-- Compiled by RICH EHISEN
TOP OF PAGE
Once around the statehouse
lightly
MUSIC'S LOSS is politics'
gain -- at least in MARYLAND. According to the Baltimore Sun, Baltimore
Mayor Martin O'Malley has decided to leave the Irish Rock band he's led
for the past 16 years. Too busy, O'Malley told fans via his Web site. Does
being top dog in Baltimore take up that much time? No, but running for
governor might, and ambition doesn't always mix well with night jobs, especially
when one needs to spend evenings raising money on the rubber-crab cake
circuit.
WHEN A RUMOR GETS GOING, setting
the record straight is like turning around an aircraft carrier. At least,
that's what a former NEW HAMPSHIRE legislator discovered when she held
a recent party. The rumor? That Jane Kelley was dying of "nose cancer"
and had held a fundraiser to pay for her funeral, including cremation.
The reality, according to the Boston Herald? Kelley's party was a spoof
on recent statehouse scandals as guests dined on "Curried Favor," "Kickback
Ribs" and "Graft Beer." Is Kelley, a breast cancer survivor, dying? No,
says her daughter, although she will some day be cremated and have her
ashes spread in a cranberry bog. That way, her daughter says, "We can say
Mom is on the sauce, or Mom is in the can."
JITTERY IN NEBRASKA. The long arm
of African law reached into NEBRASKA recently to whack one Wayne Richard
McGuire. According to The Associated Press, McGuire was about to be hired
by the state Health and Human Services System as mental-health program
director before someone informed the state that McGuire had once been convicted
of a very high-profile murder. The murder in question, however, was not
committed in the United States but in a remote region of Rwanda. And McGuire
was convicted in absentia by a Rwandan court. The victim? Dian Fossey,
whose life as a wildlife researcher was depicted in the film "Gorillas
in the Mist." McGuire was a fellow researcher at Fossey's camp and was
one of two men charged in her death. The other, a local tracker, was convicted
and later died in prison. McGuire, who returned to the U.S. before the
investigation was finished, was accused of stealing Fossey's research --
a charge he considers "a joke." Even an HHS spokesperson characterized
McGuire's conviction as "not valid." That didn't prevent Nebraska officials
from beating a hasty retreat. After the conviction surfaced, the state
withdrew its job offer.
MAKING IT OFFICIAL. How far down
into "stuff" will legislators drill to designate an official state whatever?
Waaay down, according to Stateline.org. WYOMING wants the jackalope to
be official state mythological creature. The Venus flytrap may soon be
NORTH CAROLINA's official state carnivorous plant. SOUTH DAKOTA named fry
bread the official state bread, although it showed enormous restraint by
refusing to designate Tyrannosaurus Rex as state dinosaur. (Triceratops
already is official state fossil.) ALABAMA has an official state booze
-- Conecuh Ridge Alabama Fine Whiskey -- but is considering repealing its
status after the company founder pled guilty to selling a case of the stuff
to a minor. And then there are the somewhat befuddled folks in NEW MEXICO.
Last week, we cited a story about the Land of Enchantment's official state
motto, Crescit Eundo, literally translated as "It Goes as It Grows." No
one knows quite what that means, so a lawmaker introduced legislation to
change it to Crastina Accipe, or "Respect the Past, Embrace the future."
A Senate committee approved the bill but changed the proposed language
to Gracias a Dios por Mississippi, which means "Thank God for Mississippi."
They didn't specify the river or the state. New Mexico also is toying with
naming the hot-air balloon as official state aircraft. Next, someone will
suggest that hot-air ballooning be named the official state tort.
-- 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: 807
Number of 2005 Intros
last week: 8,767
Number of bills enacted/adopted
last week: 1,517
Number of 2005 prefiles
to date: 28,277
Number of 2005 Intros
to date: 116,127
Number of enacted/adopted
overall in 2005: 7,341
Compiled
By GINA HUMMELL | Data current as of 3/17/05 | 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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