![]()
Volume XVIII, No. 16
May 24, 2010
The next issue of Capitol Journal will be available on June 7th.
TOP STORY
The restrictive new immigration law in ARIZONA has sparked impending showdowns over similar bills in statehouses across the country. But what states really need is action from Congress.
SNCJ Spotlight
The AZ backlash: history revisited
Immigration is the canary in the coal mine of American politics. Like unseen deadly gases in a mine, fear of foreigners has a capacity to strike without warning or detection. Only a few months ago immigration was a back-burner issue in the 2010 election campaign; a poll in immigration-conscious CALIFORNIA ranked it a distant fourth among issues of concern to Republican voters. Then came the overwrought and restrictive ARIZONA law giving police broad power to detain illegal immigrants. This measure — Senate Bill 1070 — has put illegal immigration on the agenda in the CALIFORNIA and TEXAS elections and prompted impending showdowns in statehouses on immigration bills from MASSACHUSETTS to IDAHO. The ARIZONA bill has public support, according to surveys by the Pew Research Center and the New York Times, but is opposed by a majority of Latinos. These polls also show support for comprehensive federal reform. Pushing President Barack Obama to step up to the plate, Senate leader Harry Reid (D) of NEVADA placed immigration reform on the Senate agenda. Reid, who opposes the ARIZONA bill, is trailing in his bid for re-election and seeking Latino support. Most of us are offspring of immigrants. As President Franklin D. Roosevelt said, in words later quoted by President Ronald Reagan: "All of our people all over the country — except the pure-blooded Indians — are immigrants, or descendants of immigrants, including even those who came over on the Mayflower." FDR made this comment in a 1936 campaign speech in which he celebrated the appealing idealism of the national motto, "E Pluribus Unum, "out of many, one." But unity was unobtainable during the Great Depression. At the time of FDR's speech, Mexicans in the Southwest were being repatriated so they would not take jobs from American workers. (The Mexican-born population in the United States fell from 639,000 in 1930 to 377,000 in 1940.) The sweeps in which Mexicans were rounded up lacked proper judicial process: an undetermined number of U.S. citizens who "looked Mexican" were also deported. There is a persistent dualism in American attitudes toward immigration. On the one hand we celebrate diversity and recognize, as demographer Michael Barone wrote, that the nation owes its shape and concentrations of population "less to the logic of geography than to the movements of great streams of newcomers who together created the country." On the other, we worry that the United States will attract more foreigners than it can comfortably absorb. Although that concern is focused on illegal immigration across the 1,950-mile border shared by Mexico and the United States, the Pew Hispanic Center estimates that roughly half of the 10.75 million illegal immigrants in the United States arrived legally and overstayed their visas. It is a sad fact that the mechanisms for tracking those who overstay visas — from Mexico or anywhere else — are inadequate. Historically, anxiety about immigrants had less to do with their legality than with the race, ethnicity, or religion of the newcomers. At various times alarms were sounded about Irish, Italian, Polish, Chinese, and Japanese immigrants, among others, all of whom were seen as threatening American culture and values. In CALIFORNIA, agitation erupted against Chinese workers who had been brought in to complete the transcontinental railroad but were perceived as taking jobs from whites. Congress passed a Chinese Exclusion Act in 1882. Later, CALIFORNIA farmers were similarly alarmed by competition from Japanese immigrants. A restrictive 1924 federal bill contained a clause that virtually excluded Japanese immigrants. Japan was incensed; the exclusionary clause signaled a long downturn in U.S.-Japan relations that eventually culminated in war. On occasion, most notably in the case of the once-powerful Ku Klux Klan, fear of foreigners and Catholics combined with virulent hatred of blacks. But every outburst of anti-immigrant fervor also produced a political backlash. During the 1884 presidential campaign, Republican nominee James Blaine was on track to win the presidency over his Democratic opponent, Grover Cleveland. Six days before the election Blaine gave a speech in New York City in which a Protestant minister warmed up the crowd by denouncing the Democrats as the party of "Rum, Romanism, and Rebellion." These were not Blaine's sentiments. His mother was Irish and Roman Catholic and he espoused Irish independence from Britain and was accordingly popular with the city's large Irish-American community. Most historians agree that in the tumult of the rally Blaine simply failed to hear the minister's bigoted phrase, which he almost certainly would have repudiated. Democrats pounced, distributing handbills with the offending remark in Irish-American neighborhoods. The Irish deserted Blaine, costing him NEW YORK's 36 electoral votes by the slim margin of 1,149 votes and the presidency. Modern anti-immigrant campaigns have also produced unintended consequences. In 1994 CALIFORNIA's moderate Republican governor Pete Wilson hitched his re-election campaign to Proposition 187, an initiative that would have denied medical and educational benefits to illegal immigrants. A Wilson television commercial showed Mexicans pouring across the border to the sound of scary music as an announcer declared, "They keep coming!" It's often forgotten that Wilson, an able governor, led in the polls before he endorsed Proposition 187 and could have won without it. But his name has become indelibly linked with this measure, approved by voters but in large part subsequently invalidated by the courts. The principal political legacy of Proposition 187 was alienation of Latinos, whom the Democrats mobilized as they swept to victory in the state elections four years later. Latinos have retained their Democratic affiliations and now constitute more than a fifth of registered voters in CALIFORNIA. Their influence may be tested in this year's U.S. Senate election. Embattled Democratic incumbent Barbara Boxer opposes the law, while all three Republicans who are vying to oppose her support it. Will there be a broader political backlash? In the month since SB 1070 became law, some Republican candidates have been reluctant to embrace it. One weathervane is Republican TEXAS Gov. Rick Perry, seeking re-election against the Democratic nominee, former Houston Mayor Bill White. Perry, as shrewd as he is conservative, said that duplicating the ARIZONA law "would not be the right direction for TEXAS." Opponents of restrictive immigration laws have also won some statehouse challenges, including rejection by the MASSACHUSETTS House of a bill (SB 69) to bar illegal immigrants from receiving state and federal benefits. Across the country in IDAHO, where a sweeping anti-immigrant bill (SB 1303) was rejected in committee in March, milder legislation (HB 497) requiring employers to verify electronically the legal status of employees has stalled. These outcomes notwithstanding, supporters of restrictive anti-immigrant legislation have certainly succeeded in pushing the issue to the forefront of this year's political debate. There are perils in this for Democrats in general and for President Obama in particular. The latest Pew Research Poll showed that only a quarter of Americans are satisfied with the president's performance on immigration. Indeed, there has hardly been any administration performance on this issue at all. Overall, the Obama administration has done reasonably well against economic headwinds, winning a major victory on health care and apparently nearing one on financial reform legislation. But the White House wants no part of an immigration fight in a mid-term election year. It's hard to fault the president for ducking this divisive battle — indeed, some of those who urge Obama to undertake it were criticizing him only a few weeks ago for trying to do too much on too many fronts instead of concentrating on economic recovery. But it's also hard to escape the fact that federal inaction on immigration has left a void that states can't fill piecemeal. SB 1070 may be unconstitutional. In any case, the measure is such a mess that the ARIZONA Legislature changed it after it was signed into law, replacing the requirement that police could inquire into immigration status during any "lawful contact" to a more precise standard that police could do so only if they are stopping or arresting someone for other reasons. Still, it's understandable that ARIZONA felt the need to act. Illegal immigration is down overall but has increased in ARIZONA, in part because a federal crackdown at border crossings in TEXAS and CALIFORNIA funneled the flow of illegals into other states. Kidnapping and gang violence are on the rise in the Phoenix metropolitan area, and it is not surprising that there is public support for restrictive legislation. The ARIZONA bill, however, does nothing to address the most pressing issues of illegal immigration: securing the border and finding a just solution for immigrants who have lived here for many years and are contributing to American society. Indeed, these solutions are beyond the reach of any state. On most issues your columnist shares the enduring view of Supreme Court Justice Louis Brandeis that states are "laboratories of democracy" that should be allowed wide experimental latitude. Immigration, however, cries out for a national solution. If SB 1070 forces the president and Congress to consider genuine immigration reform, it will have done us all a big favor. — By Lou Cannon
The Week in Session
States in Regular Session: CA, DC, IL, KS, LA, MA, MI, NC, NH, NJ, NY, OH, OK, PA, PR, RI, SC, TN, US States in Special Session: CA "f", KY "a", PA "a" Upcoming Special Sessions: WV "b" regarding Education and Other Topics convenes 06/07/2010. CT "a" regarding Citizens' Election Program - TBA. FL "a" regarding Public Corruption - TBA. VT "b" regarding Budget Reduction Review - TBA - July. States in Joint Finance Hearings: DE States in Veto Session: WI States Currently Prefiling or Drafting for 2011: KY, MT, ND States Projected to Adjourn: KS, OK, TN, WI States Adjourned in 2010: AK, AL, AR, AZ, CO, CT, FL, GA, HI, IA, ID, IN, KY, MD, ME, MN, MO, MS, NE, NM, SD, UT, VA, VT, WA, WI, WV, WY State Special Sessions Adjourned in 2010: AZ "a", AZ "b", CA "e", CA "h", MN "a", MS "a", NM "a", NV "b", OR "a", TN "a", WA "a", WI "b", WV "a" Letters indicate special/extraordinary sessions — Compiled By JAMES ROSS
(session information current as of 05/20/2010)
Source: State Net database
Bird’s eye view
Seventeen U.S. Senate seats 'in play'this year
Forty one U.S. Senate seats held by Democrats and 35 held by Republicans will not be contested this year. And 19 seats (seven Democratic and 12 Republican) that will be, aren't likely to see very competitive races, according to the New York Times. Of the remaining 17 seats that are "in play," only three — in CALIFORNIA, PENNSYLVANIA and WASHINGTON — are currently leaning Democratic, although winning all of them would, barring any surprises elsewhere, allow the Democrats to hold on to their majority in the chamber. Eight of the other seats are leaning Republican, while six are considered tossups.
Budget & taxes
AZ VOTERS APPROVE TAX HIKE: While much of the nation was focused on the U.S. Senate primaries last week in ARIZONA, KENTUCKY and PENNSYLVANIA to gauge the electorate's inclinations regarding their elected representatives, some had their eyes on a special election in ARIZONA to measure voters' mood about taxes. And judging from the outcome, they are amenable, if the reason is right. Arizonans approved Proposition 100, increasing the state sales tax one cent, to 6.6 cents per dollar, for the next three years, by a roughly 3-to-2 margin, according to unofficial returns. Few states have passed across-the-board sales tax hikes this year, opting instead to target particular items, like tanning beds in INDIANA and wind energy in WYOMING. A broad sales tax increase seemed particularly unlikely in a state that has been in the spotlight lately for passing one of the toughest immigration enforcement laws in the nation last month. But a broad coalition that included representatives of the state teachers' union and Gov. Jan Brewer (R) apparently succeeded in pitching the tax increase as the only way to avoid deep cuts in education and other services. "It goes against almost everything I believe in but the state would have been hurt really bad without it," said one Republican voter. "I hope it is the one time I do this." ARIZONA now joins KANSAS, which also bumped up its sales tax rate by a penny, from 5.3 cents to 6.3 cents, and OREGON which also approved a general tax increase, although that levy targeted corporations and the wealthy. (STATELINE.ORG, NEW YORK TIMES, ARIZONA REPUBLIC [PHOENIX]) SOME MA HOSPITALS SITTING ON CASH STOCKPILES: Massachusetts hospitals amassed $17.2 billion in reserve funds as of September 2008, according to a report released last week by the Patrick administration. About a third of the total, $5.7 billion, was concentrated in the Partners HealthCare system, which includes the major Boston teaching hospitals Brigham and Women's, and Massachusetts General. "Having sufficient assets allows us to sustain our mission of patient care, teaching, research, and service to the community during economic downturns like the one we just experienced,'' said Partners spokesman Rich Copp. Copp said that since the time period covered in the report, the hospital system has lost "hundreds of millions" of dollars. Nancy Kane, a Harvard School of Public Health professor who studies hospital financial performance, said the report was a good first step in determining the financial health of the state's hospitals, but more needs to be done before any determination can be made about whether there are "excess resources in these institutions." "Some of the reason hospitals may have excess is because they have rates above everyone else's," she said, "and others may have excess because they manage their money better." (BOSTON GLOBE) BUDGETS IN BRIEF: MICHIGAN Gov. Jennifer Granholm (D) signed school pension reform legislation (SB 1227 and HB 4073) last week that she says will save the state more than $3 billion over the next decade. The legislation provides slightly enhanced pension benefits for public school employees who opt to retire between July 1 and Sept. 1, and requires workers enrolled in the Michigan Public School Employees' Retirement System to contribute 3% of their salary toward a health care trust (DETROIT FREE PRESS). • CONNECTICUT Gov. M. Jodi Rell (R) has vetoed SB 1, legislation that would have taxed bonuses given to employees of banks that received federal bailout money through the Troubled Asset Relief Program. In a prepared statement, Rell said she doesn't support the TARP bonuses, but the bill would have triggered an automatic deficit and a costly, potentially unwinnable legal fight (HARTFORD COURANT). • The MINNESOTA Legislature passed HB 1a, a budget bill that erases a $3 billion deficit by cutting health care and delaying aid payments to schools but imposing no new taxes (ST PAUL PIONEER PRESS). • CALIFORNIA Gov. Arnold Schwarzenegger (R) has called for elimination of the state's welfare-to-work program and cuts to child care and health services to close a projected $19.1 billion deficit. The Legislature's chief budget analyst advised lawmakers to reject the governor's plan, which he said would cost the state $3.7 billion in federal matching funds and shift costs to county governments, and cut other programs and raise taxes modestly instead (CHRISTIAN SCIENCE MONITOR, LOS ANGELES TIMES). • British Petroleum CEO Tony Hayward announced last week that his company will give $25 million to FLORIDA to help the state promote tourism. That figure brings the total BP has given FLORIDA in the wake of last month's oil rig explosion in the Gulf of Mexico to $50 million (TALLAHASSEE DEMOCRAT). • SOUTH CAROLINA lawmakers overrode Gov. Mark Sanford's veto of HB 3584, a measure increasing the state's 7-cents-per-pack tax on cigarettes, the lowest rate in the nation, by 50 cents. The state is the fifth to increase its cigarette tax so far this year (WALL STREET JOURNAL). — Compiled by KOREY CLARK
Politics & leadership
SUPER SENATE TUESDAY CONTINUES ANTI-INCUMBENT TREND: Last week's trio of U.S. Senate primary elections have to be worrisome for anyone running for Congress this year who already has the title "U.S. Sen." or "U.S. Rep." in front of their name or possesses some other "establishment" credentials. In PENNSYLVANIA, Arlen Specter, the longest serving senator in the state's history, was ousted by Democratic voters, despite having the support of Gov. Ed Rendell (D) and President Barack Obama. In KENTUCKY, the Tea Party movement helped vault a political novice, Rand Paul, over Secretary of State Trey Grayson, the GOP candidate handpicked by U.S. Senate minority leader Mitch McConnell (R-KENTUCKY), to claim the Republican nomination. And in ARKANSAS, U.S. Sen. Blanche Lincoln was forced into a June 8 runoff, after garnering only 45 percent of the vote in the state's Democratic primary. The three primary results follow losses this month by two other sitting lawmakers: three-term U.S. Sen. Bob Bennett of UTAH, who failed to advance at the state's GOP convention, and U.S. Rep. Alan Mollohan of WEST VIRGINIA, who was shown the door by voters in his state's Democratic primary. "Distrust of all things Washington seems to be the theme," said Michael Franc of the conservative Heritage Foundation. The PENNSYLVANIA primary result certainly appears to be a case of voters rejecting the Washington establishment. Specter spent 30 years in the Senate. And in thanks for switching from the Republican to the Democratic Party last year, helping to give the Democrats a filibuster-proof 60-vote majority in the Senate, President Obama made an automated telephone call on Specter's behalf and was featured in his campaign ads. Sestak even suggested that the White House offered him a high-ranking position, perhaps Navy secretary, in exchange for agreeing not to challenge Specter. "This is what democracy looks like," Sestak said in his victory speech. "A win for the people, over the establishment, over the status quo, even over Washington, D.C." But as much as Specter's reputation as a career politician may have contributed to his defeat, the fact that he served 30 years in the Senate as a Republican was undoubtedly a factor as well, especially considering the sort of true blue Democrats who tend to turn out for primaries. The race's winner, U.S. Rep. Joe Sestak (D-PA), is also a member of Congress himself, although one with a much lower profile than Specter. And in an interview before the polls closed last Tuesday, Gov. Ed Rendell (D) said Sestak and Specter had cast similar votes over the past year, including on the health care and economic stimulus bills. Lincoln, likewise, as ARKANSAS' senior U.S. senator, has strong party establishment support, according to Hal Bass, a political scientist at Ouachita Baptist University. But her less-than-stellar showing last week was likely due as well to what Bass termed "her deliberate efforts to maintain a centrist posture in an increasingly polarized era." "She drew fire from purists on both ends of the ideological spectrum, not only in ARKANSAS, but nationally." In fact, Lincoln is considered one of the most vulnerable incumbents in the Senate. Recent polls indicated that she — and, for that matter, her challenger in next month's Democratic primary runoff, Lt. Gov. Bill Halter — would lose in a November match-up with five different Republican candidates. Paul's win in KENTUCKY may be a more straightforward case of anti-incumbent fever. An ophthalmologist and anti-tax activist, and the son of former 2008 Libertarian Presidential candidate Rep. Ron Paul (R-TEXAS), he was embraced by a movement that arose in protest to Washington policies like the federal economic stimulus package and health care reform. "I have a message, a message from the Tea Party, a message that is loud and clear and does not mince words," Paul said following his 24-point victory (59 percent to 35 percent) over Trey Grayson. "We have come to take our government back." (CHRISTIAN SCIENCE MONITOR, NEW YORK TIMES, USA TODAY, CNN.COM, WASHINGTON POST) PA RACE DAMPENS GOP HOPES FOR US HOUSE TAKEOVER: The seat held for 35 years by Democratic U.S. Rep. John Murtha of PENNSYLVANIA, who died unexpectedly from complications related to gallbladder surgery in February, has gone to one of his former aides, Mark Critz. Critz' victory over wealthy GOP businessman Tim Burns last week in a special election in the state's 12th Congressional District deals a major blow to Republicans' chances of taking over the U.S. House in November. Although Democratic voters outnumber Republican ones by a 2-to-1 margin in the 12th District, those voters supported Republican Sen. John McCain in the 2008 presidential race, after voting for Democratic Sen. John Kerry for president in 2004. "If you can't win a seat that is trending Republican in a year like this, then where is the wave?" asked Tom Davis, a former GOP congressman from VIRGINIA. Critz was helped by his anti-abortion and pro-gun views, which match those of the district's blue-collar conservatives, as well as the high turnout of Democratic voters as a result of the state's hotly-contested Democratic Senate primary. And unlike last week's Senate primary candidates, Critz kept his race local rather than a referendum on Washington by distancing himself from President Obama and House Speaker Nancy Pelosi, and by opposing health care reform. (CHRISTIAN SCIENCE MONITOR, NEW YORK TIMES) POLITICS IN BRIEF: The CONNECTICUT Supreme Court ruled unanimously last week to reverse a lower court decision that would have allowed Secretary of State Susan Bysiewicz to run for attorney general. The justices were troubled by the minimal standards set by the lower court in its ruling that Bysiewicz, who has rarely set foot in a courtroom, met the statutory eligibility requirement for the office (HARTFORD COURANT). • Only 49 percent of likely voters in CALIFORNIA support legalization of marijuana, according to a poll conducted last week by the nonpartisan Public Policy Institute of California. The Institute's president and pollster, Mark Baldassare, said the result doesn't bode well for the campaign that placed the initiative on the November ballot. "It's always hard to start out when you're not even at 50 percent," he said (LOS ANGELES TIMES). — Compiled by KOREY CLARK
Upcoming Elections
(05/20/2010 - 06/10/2010) 05/22/2010 Hawaii Special Election US House (HI Congressional District 1) 05/25/2010 Idaho Primary Election House (All) Senate (All) Constitutional Officers: Governor, Lieutenant Governor, Secretary of State, Treasurer, Attorney General, Controller, Superintendent of Public Instruction US House (All) US Senate 05/29/2010 Louisiana Special Runoff House Districts 63 and 93 06/01/2010 Alabama Primary Election House (All) Senate (All) Constitutional Officers: Governor, Lieutenant Governor, Secretary of State, Treasurer, Attorney General, Auditor, Commissioner of Agriculture & Industries US House (All) US Senate Mississippi Primary Election US House (All) New Mexico Primary Election House (All) Constitutional Officers: Governor, Lieutenant Governor, Secretary of State, Treasurer, Attorney General, Auditor, Commissioner of Public Lands US House (All) 06/08/2010 Arkansas Primary Runoff House Districts 5, 10, 27, 31, 34, 51, 69, 73, 76, 82 Senate District 13 Constitutional Officers: Secretary of State, Commissioner of State Lands US House (Districts 1, 2 and 3) US Senate California Primary Election Assembly (All) Senate (Even) Constitutional Officers: Governor, Lieutenant Governor, Secretary of State, Treasurer, Attorney General, Controller, Insurance Commissioner, Superintendent of Public Instruction US House (All) US Senate California Special Election Assembly District 43 Senate District 37 Georgia Special Runoff US House (GA Congressional District 9) Iowa Primary Election House (All) Senate (Odd) Constitutional Officers: Governor, Secretary of State, Treasurer, Attorney General, Auditor, Secretary of Agriculture US House (All) US Senate Maine Primary Election House (All) Senate (All) Constitutional Officers: Governor US House (All) Montana Primary Election House (All) Senate 1, 4, 5, 8, 11, 12, 13, 14, 15, 17, 20, 23, 25, 28, 29, 30, 31, 32, 35, 39, 40, 42, 43, 44, 48, 49 US House (All) Nevada Primary Election Assembly (All) Senate Clark Co Dist: 2, 5, 7, 8, 9, 10, 12, Capital Senatorial Dist, Washoe Co Dist: 1, 2, 4 Constitutional Officers: Governor, Lieutenant Governor, Secretary of State, Treasurer, Attorney General, Controller US House (All) US Senate New Jersey Primary Election US House (All) North Dakota Primary Election House (Odd) Senate (Odd) Constitutional Officers: Secretary of State, Attorney General, Agriculture Commissioner, Tax Commissioner, Public Service Commissioner US House (All) US Senate South Carolina Primary Election House (All) Constitutional Officers: Governor, Lieutenant Governor, Secretary of State, Treasurer, Attorney General, Comptroller General, Adjutant General, Commissioner of Agriculture, Superintendent of Education US House (All) US Senate South Dakota Primary Election House (All) Senate (All) Constitutional Officers: Governor US House (All) US Senate Virginia Primary Election US House (All)
Governors
DOYLE SOURS ON RAW MILK BILL: Saying it posed too big of a risk to consumers, WISCONSIN Gov. Jim Doyle (D) vetoed a measure that would have made the Badger State the 20th to allow dairies to sell raw milk directly to the public. Doyle had initially indicated he would sign the measure, SB 434, but backed off under a barrage of opposition from the dairy industry and public health officials. Doyle said the decision was difficult but that the opposition, which included the National Milk Producers Federation, the International Dairy Foods Association, cheesemakers and several public health officials, eventually convinced him that the health risks from unpasteurized milk outweighed the potential benefits to small dairy farms that could have profited from the extra sales. "I listened to people on both sides," he said. "But when the public health community is almost entirely unanimous on this issue, it seems to me a pretty risky proposition to move forward with it." Raw milk advocates argued that fresh, unprocessed milk contains nutrients that are destroyed by pasteurization. Others also saw the potential for profit, noting that legalizing raw milk's sale would provide a new revenue source for many small WISCONSIN dairies that would be most likely to sell it, particularly if it spurred the federal government to allow interstate sales of the product. Federal law currently bans the sale of raw milk, but allows states to legalize it as long as the milk does not cross state lines. "The (wholesale) milk price isn't enough to keep us going," said Janet Brunner, a dairy farmer from Pepin County. But opponents countered that unpasteurized milk may also carry pathogens that cause food-borne illnesses like E. coli or salmonella. According to the U.S. Food and Drug Administration, over 1,600 reported illnesses were linked to raw milk consumption between 1998 and 2008. Those cases include 187 hospitalizations and two deaths. The potential negative impact that a widespread outbreak of such illnesses could have on the $26 billion WISCONSIN dairy industry led many dairy farmers and officials to oppose the bill. Dr. Paul Wertsch, the past president of the Wisconsin Medical Society, said he was "flabbergasted" that the Legislature would even consider the bill. "This is sort of a unique opportunity the governor has to improve public health by vetoing a bill," Wertsch said. The bill's supporters say there is virtually no chance that lawmakers will attempt to override Doyle's veto, noting the bill did not pass with veto-proof majorities in either chamber. (MILWAUKEE JOURNAL-SENTINEL, ASSOCIATED PRESS, CHICAGO TRIBUNE) JINDAL CALLS FOR IMMEDIATE DREDGING: A visibly frustrated LOUISIANA Gov. Bobby Jindal (R) called for quick federal approval of an emergency dredging plan that could keep the massive ongoing oil spill in the Gulf of Mexico from seeping into the state's environmentally sensitive wetlands. Jindal called the alarm after inspecting marshes covered with a sticky black and orange film. "This isn't oil sheen or tar balls we're seeing," Jindal said. "This is the heavy oil we've all been worried about. Let me be clear, it's here." The governor said he has asked the U.S. Corps of Engineers to expedite its approval process for an emergency permit that would allow an aggressive dredging project to begin. The plan calls for dredging sand and using it to fill gaps in the barrier islands, which Jindal said serve as a natural protection for the wetlands. The Corps has so far not commented on the permit. If it is eventually approved, Jindal said, he wants the government to require British Petroleum, the owner of the rig that blew up and started the spill last month, to implement the dredging plan. "It doesn't matter to me whether (BP) wants to do this or not," Jindal said. "They are the responsible party for this." (THE ADVOCATE [BATON ROUGE]) PAWLENTY DROPS MN OUT OF RACE TO THE TOP: MINNESOTA Gov. Tim Pawlenty (R) said last week that he will not authorize the state's application for the second round of funding in the federal Race to the Top education grant contest. The governor had tied his approval to the DFL-controlled Legislature endorsing his proposals for school change, including alternative ways to become teachers, dumping a tenure system that makes it hard to fire teachers, and aligning teacher pay and evaluations to student performance. But lawmakers never adopted the proposals, leading Pawlenty to accuse them of being "beholden to Education Minnesota," the state's biggest teachers union. State Education Commissioner Alice Seagren echoed the governor's feelings, saying the state had been "bought and sold" by the union's influence in persuading legislators to oppose Pawlenty-backed reforms. That drew a strong reaction from Education Minnesota leader Tom Dooher, who said the governor did "a great disservice to the state of MINNESOTA" by not seeking the federal money. Dooher also had harsh words for Pawlenty's methods. "The problem with the governor is that if you disagree with him about policy he calls you an obstructionist," Dooher said. (MINNEAPOLIS STAR-TRIBUNE) CRIST HOLDS OFF ON SPECIAL SESSION: FLORIDA Gov. Charlie Crist (I) said he has ruled out calling the Legislature into an anti-oil drilling special session as early as next week, calling the timetable "too optimistic." Crist said lawmakers are still not in agreement on his call for a constitutional amendment banning oil drilling in state coastal waters, though he expects to reach consensus with them "sooner rather than later." Meanwhile, the governor said he is prepared to veto millions of dollars in budget projects as well as HB 1143, a bill that would require a woman seeking an abortion in the first trimester to submit to and pay for an ultrasound, even if it wasn't considered medically necessary. It also requires that woman either look at the image or listen to a description of it by her doctor. Crist called the bill "mean-spirited" and said it requires doctors to give women "a lecture." (MIAMI HERALD) GOVERNORS IN BRIEF: KANSAS Gov. Mark Parkinson (D) marked the anniversary of the historic Brown v. Board of Education ruling by signing SB 54, a bill to put a mural about it in the Statehouse. The measure sets up a 12-member commission to draft a plan for a mural, which will be financed with private funds (LAWRENCE JOURNAL-WORLD). • COLORADO Gov. Bill Ritter (D) signed a trio of bills designed to create jobs in the state's creative industries. The bills are HB 1180, which reduces the amount that out-of-state filmmakers must spend in the Centennial State to receive special tax incentives; SB 94, which clarifies that 1 percent of all state-funded projects must be set aside for public art; and SB 158, which sets up a special state agency to help create and retain jobs in theatre, film and art (DENVER POST). — Compiled by RICH EHISEN
Upcoming Stories
Here are some of the topics you will see covered in upcoming issues of the State Net Capitol Journal: - Texting and sexting - More immigration reform - Budget upates
Hot issues
BUSINESS: The CALIFORNIA Assembly endorses AB 1942, which would allow companies to have video recorders installed on their vehicles' dashboards. Supporters say the cameras would allow businesses to ensure their employees are driving safely. It moves to the Senate (VENTURA COUNTY STAR [CAMARILLO]). • Still in CALIFORNIA, Gov. Arnold Schwarzenegger (R) signs AB 585, which bars the sale of merchandise bearing the name or likeness of soldiers killed in the line of duty (RIVERSIDE PRESS ENTERPRISE. • PENNSYLVANIA Gov. Ed Rendell (D) vetoes SB 81, which would have barred state liquor stores from having an interior connection to another business that allows alcohol consumption. Rendell said the bill would have inhibited the state liquor store system's attempts to modernize its operations (PITTSBURGH POST-GAZETTE). • The LOUISIANA House unanimously approves HB 1410, a bill to let two or more cities or parishes establish rail compacts as a way to help launch intrastate railway or rapid transit systems. It moves to the Senate (NEW ORLEANS TIMES-PICAYUNE). • TENNESSEE Gov. Phil Bredesen (D) vetoes SB 3012, legislation that would have allowed Volunteer State residents with concealed carry permits to bring guns into bars and restaurants that serve alcohol. Supporters have vowed to seek an override (COMMERCIAL APPEAL). • WISCONSIN Gov. Jim Doyle (D) signs SB 530, which will bar payday lenders from locating 1,500 feet from one another and 150 feet of residential areas. Loans will be limited to $1,500 or 35 percent of monthly income, whichever is less. The bill also prevents borrowers from renewing their loan more than once. Doyle also vetoes a portion of the bill that would have allowed auto title loans (MILWAUKEE JOURNAL SENTINEL). • Still in WISCONSIN, Doyle vetoes SB 434, which would have legalized the sale of raw milk to consumers. Doyle said the bill raised multiple safety issues, because unpasteurized milk may carry pathogens that cause food-borne illnesses (MILWAUKEE JOURNAL SENTINEL). CRIME & PUNISHMENT: The U.S. Supreme Court rules that juvenile offenders cannot be sentenced to life in jail without parole unless they have committed murder. The court's ruling overturns the life sentence of a FLORIDA teen sent to jail for life in 2005 for a probation violation. The decision also invalidates similar laws in 36 other states, the District of Columbia and the federal court system (NEW YORK TIMES). • VIRGINIA Gov. Robert McDonnell (R) signs SB 259, legislation requiring a juvenile awaiting trial as an adult to be held in a juvenile facility unless a judge determines that adult jail is necessary. Supporters say the measure will help judges keep youths with rehabilitative potential away from more hard core criminals (RICHMOND TIMES-DISPATCH). • MINNESOTA Gov. Tim Pawlenty (R) signs HB 3106, legislation that requires first-time DWI offenders who registered high blood-alcohol readings when arrested to use a breath-activated ignition interlock system to drive as part of their sentences. All repeat offenders will also be required to use the interlocks (MINNEAPOLIS STAR-TRIBUNE). EDUCATION: A CALIFORNIA Senate committee endorses SB 1451, which would require the state Board of Education to examine new textbooks for curriculum revisions approved in March by the TEXAS school board before those books could be used in Golden State schools. Critics, who argue that large states often have undue influence over what ends up in other states' textbooks, say the proposed changes are historically inaccurate and dismissive of the contributions of minorities. The bill is now in the full Senate (SAN JOSE MERCURY NEWS). • The LOUISIANA House approves HB 1170, which would bar school bus drivers who get cited for drunk driving from operating a bus for up to 10 years. It moves to the Senate (NEW ORLEANS TIMES-PICAYUNE). ENVIRONMENT: WISCONSIN Gov. Jim Doyle (D) signs AB 139, which will impose fines up to $1,000 for dumping large items such as furniture or cars along Badger State roadways. The fine was previously capped at $500 (WISCONSIN STATE JOURNAL [MADISON]). • Still in WISCONSIN, Doyle signs SB 273, which would allow energy generation produced from burning garbage to be classified as renewable, thereby helping companies meet the state's renewable energy mandate (WISCONSIN STATE JOURNAL [MADISON]). • Again in WISCONSIN, Doyle vetoes SB 616, a bill that would have required all state building funds be made available to meet certain green building requirements. Doyle said it would have created "chaos" in the building industry (WISCONSIN STATE JOURNAL [MADISON]). HEALTH & SCIENCE: The OHIO House approves HB 206, which would allow advanced-practice nurses in the Buckeye State to authorize refills of medications previously prescribed by a doctor. It moves to the Senate (COLUMBUS DISPATCH). • COLORADO Gov. Bill Ritter (D) signs SB 76, which prohibits health insurers from offering financial incentives for employees to deny benefit claims (DENVER BUSINESS JOURNAL). • Still in COLORADO, Ritter also signs HB 1252, which mandates that health insurers cover mammograms for women at risk of breast cancer (DENVER BUSINESS JOURNAL). • WISCONSIN Gov. Jim Doyle (D) signs AB 227, a bill that requires the state Pharmacy Examining Board to create a system to track prescription drug movements by requiring pharmacists and other drug prescribers to document each prescription (WISCONSIN STATE JOURNAL [MADISON]). IMMIGRATION: ARIZONA Gov. Jan Brewer (R) signs SB 1183, legislation which affirms that Grand Canyon State law does not require businesses to provide "trained and competent" interpreters when a customer comes in speaking a language other than English (ARIZONA DAILY STAR [TUCSON]). SOCIAL POLICY: The LOUISIANA Senate approves SB 528, a bill that would require Pelican State women seeking an abortion to obtain an obstetric ultrasound before having the procedure. It moves to the House (NEW ORLEANS TIMES-PICAYUNE). • COLORADO Gov. Bill Ritter (D) signs SB 171, a measure that creates a youth ombudsman office to oversee the state's child welfare system. The new office will be charged with fielding and investigating complaints and concerns filed by individuals, child welfare agencies and children in the system. It will also make annual reports and recommendations to lawmakers (DENVER POST). • MARYLAND officials announce the Old Line State will now allow state employees to add same-sex spouses as dependents, making them eligible to receive the same health care and other benefits afforded to husbands and wives of heterosexual state employees. The couples must show a valid marriage certificate from a state that legally sanctions same-sex marriage, which MARYLAND currently does not (BALITMORE SUN). POTPOURRI: The LOUISIANA House rejects HB 863, which would have barred truckers and other commercial drivers from using hand-held cell phones while using Pelican State roads. Opponents said the bill was a first step in banning cell phone use by all drivers (NEW ORLEANS TIMES-PICAYUNE). • The MISSOURI House also fails to act on a collection of five bills that would have expanded the state's current law barring drivers 21 or younger from sending or receiving cell phone text messages while behind the wheel to drivers of all ages. Lawmakers voiced concerns over how the law would be enforced (ST. LOUIS POST-DISPATCH). • WISCONSIN Gov. Jim Doyle (D) signs AB 842, which will require automotive engine coolants and antifreeze to contain a bittering agent to discourage animals and children from consuming it. The liquid is highly poisonous to both animals and humans (WISCONSIN GOVERNOR'S OFFICE). • Still in WISCONSIN, Doyle signs AB 333, legislation making the Badger State the 39th with a reporters "shield law," which keeps journalists from having to reveal their confidential sources. Under the measure, judges can order reporters to testify, produce information or reveal a source's identity only when it is "highly relevant" to the case or critical to at least one party's argument. Attorneys would have to show they couldn't get the information any other way and there was an overriding public interest in disclosing it (BLOOMBERG BUSINESS WEEK). — Compiled by RICH EHISEN
In The Hopper
At any given time, State Net tracks tens of thousands of bills in all 50 states, US Congress, and the District of Columbia. Here's a snapshot of what's in the legislative works: Number of Prefiles last week: 581 Number of Intros last week: 1,314 Number of Enacted/Adopted last week: 797 Number of 2010 Session Prefiles to date: 19,013 Number of 2010 Intros to date: 80,619 Number of 2010 Session Enacted/Adopted overall to date: 20,666 Number of 2009-10 bills currently in State Net Database: 180,172 — Compiled By JAMES ROSS
(measures current as of 05/20/2010)
Source: State Net database
Once around the statehouse lightly
BUT WHO DOES HEIDI KLUM LIKE? Every candidate for public office revels in endorsements from other public figures. Hopefully that nod comes from a political heavyweight with the power to sway a large chunk of the electorate, but anyone with some positive celebrity status is more than welcome. In that regard, CALIFORNIA attorney general candidate Kamala Harris may have just found the sweet spot. As San Francisco Weekly reports, Harris has been endorsed by former supermodel-turned-TV chatterbox Tyra Banks. And how did Harris, the current San Francisco District Attorney, manage to score the much sought after support? As Tyra tells it, they had a nice talk over lunch, in which Banks learned that the AG represents that state "in all law matters." Well, there you go. THE DEVIL MADE ME DO IT: A devil named Arnold! That is how new CALIFORNIA Assembly Speaker John Perez answered criticism for blowing off being in the Capitol for the release of Gov. Arnold Schwarzenegger's May budget revision in favor of hosting a $60,000-per-person soiree at the famous Pebble Beach golf course. Perez testily accused Schwarzenegger of intentionally releasing the revision when he knew the Speaker was gone in order to "distract [reporters] into talking about where I was instead of what the substance of his proposals are." Okay...except for the fact that the gov is legally bound to release the budget revision by May 14 — the date of Perez's golf outing — and that Schwarzenegger has announced the revision on that date in four of the last six years. He also conveniently forgot that the Senate's other leader, Senate Pro Tem Darrell Steinberg, was on hand for the release and to issue a response. SPEAKING OF TESTY: NEW JERSEY Gov. Chris Christie isn't known for his sense of humor, but you wouldn't know it from an interaction he had with reporters last week. As the Newark Star-Ledger reports, Christie took umbrage when asked if his confrontational tone with lawmakers was helpful to getting what he wants from them. Christie responded by telling the scribe he "must be the thinnest-skinned guy in America" and that he "should really see me when I'm [angry]." To raucous laughter, Christie called his blunt style "refreshing." He went on to sarcastically offer to speak "in a nicer manner" or, in a dig at former Gov. Jon Corzine, "maybe we could go back to the former administration and say it in a way where you wouldn't even understand it." Video of the rant, which lasted for over two minutes, quickly went viral, drawing hundreds of thousands of viewers to the paper's web site. ANOTHER LEBRON LOBBYIST: OHIO Gov. Ted Strickland has some gubernatorial competition in his efforts to woo NBA superstar Lebron James to stay a Cleveland Cavalier. As the New York Daily News reports, NEW YORK Gov. David Paterson last week made his pitch for the 25-year-old baller to relocate to Gotham. The gov doesn't even care which team James goes to, be it the perpetually downtrodden Knicks or the even more pathetic Nets, currently of NEW JERSEY but soon bound for new digs in Brooklyn. Strickland recently joined notable Clevelanders to cut a music video begging James to stay put. To date, no other govs have jumped into the lobbying effort, but a certain hoops-mad resident of the White House has suggested the NBA wunderkind consider his hometown Chicago Bulls. But hey, no pressure. — By RICH EHISEN
In Case You Missed It
The massive oil spill in the Gulf of Mexico is far from being under control, but forces around the country are already acting to cut off plans to expand future offshore oil drilling. In case you missed it, the story can be found on our Web site at http://www.statenet.com/capitol_journal/05-17-2010/html
Credits
Editor: Rich Ehisen Associate Editor: Korey Clark Contributing Editor: Virginia Nelson and Art Zimmerman Editorial Advisor: Lou Cannon Correspondents: Richard Cox (CA), Steve Karas (CA), Bruce McKeeman (CA), Linda Mendenhall (IL), Lauren King (MA) and Ben Livingood (PA) Graphic Design: Vanessa Perez Design |
||||||||
| 800.726.4566 |
LexisNexis is a registered trademark of Reed Elsevier Properties Inc., used under license. State Net is a registered trademark of LexisNexis, a division of Reed Elsevier Inc. Copyright 2012 Privacy PolicySite Map |
info@statenet.com
|