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Volume
XIII, No. 21
June 13, 2005
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| TOP
STORY
Few federal laws have
incited as much controversy as the No Child Left Behind Act. Three years
into the program, many states say they are mad as hell and aren't going
to take it anymore.
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SNCJ
Spotlight
States rebel against
No Child Left Behind
State politicians and education officials have been complaining about
the federal No Child Left Behind Act (NCLB) ever since it was enacted three
years ago, charging that the law's rigid testing requirements and penalties
are underfunded and unfair. Now several states are doing more than just
talking, launching legal and legislative attacks against NCLB -- as well
as engaging in other acts of open defiance -- that are reminiscent of another
little dispute over governmental authority from America's past. And with
both sides digging in, the current rebellion could continue to follow the
course of the former one. |
Ironically, the heightened level of hostilities between the
states and the federal government over NCLB was ushered in by UTAH, the
most solidly pro-Bush state in the nation in last fall's election. On April
19, the state's Republican-controlled Legislature passed a bill authorizing
schools to ignore No Child mandates that conflict with state education
policies or require state dollars to meet them. "They didn't bring tea
to drop overboard, but that's about all that was missing," the state's
superintendent of public instruction, Patti Harrington, said of the
Legislature's dramatic move.
The day after Utah's action, the National Education Association (NEA)
-- the country's largest teacher union -- together with school districts
in MICHIGAN, TEXAS and VERMONT, filed a lawsuit against the U.S. Department
of Education, alleging it has failed to adequately fund NCLB. And this
month, the CONNECTICUT Senate passed legislation authorizing the state's
attorney general to file his own suit against the federal government, naming
the General Assembly as plaintiff. According to the State Net database,
the Constitution State is just one of 24 across the country considering
bills protesting or waiving NCLB requirements. (See Bird's eye view on
page 4.)
And legislation and lawsuits aren't the only forms of resistance states
are utilizing in the battle. The education commissioner of Texas -- home
state of both President Bush and his new Secretary of Education Margaret
Spellings -- has unilaterally decided to disregard NCLB provisions
concerning the testing of students with learning disabilities. The state
has already been fined $444,282 of its $1.1 billion federal allocation
for failing to comply with another mandate requiring the regular reporting
of school rankings. Two others -- GEORGIA and MINNESOTA -- have also been
fined for not meeting requirements of the act.
NCLB's origins actually date back to 1983, with the publication of A
Nation at Risk, a landmark federal study on America's education system
that warned of a "rising tide of mediocrity that threatens our very future."
Congress responded to that dire pronouncement by passing a fairly toothless
education-reform measure the following year that did little more than urge
states to develop standards for determining scholastic performance. To
make absolutely sure no one would object to the bill, Congress included
an unusual provision prohibiting the federal government from requiring
states to pay any costs incurred in complying with the act. The impact
of the law was fairly predictable; by 1997, only 17 states had established
performance standards.
George W. Bush was determined to change that when he took office in
2000. His administration introduced an ambitious plan calling for regular
testing of math and reading skills for all students in grades 3 through
8 and imposing penalties on schools that fail to improve their scores,
including those of poor and minority students. After some tough negotiations,
Congress passed the No Child Left Behind Act in 2002.
Despite the current outcry, those reforms seem to be having the desired
effect. According to the Department of Education, overall student achievement
has risen in 23 of the 24 states with three years of performance data,
and the achievement gap between white and black students has narrowed in
at least 16.
There are at least two major reasons why states are stepping up their
resistance to the act now in spite of its encouraging record. First, the
law's provisions are incremental; the number of students who pass the tests
must increase each year and all students must pass them by 2014 (a goal
some critics maintain is statistically unachievable, given the number of
non-English speakers and disabled children enrolled in public schools).
Consequently, many states are just starting to feel the pressure of having
to continually improve. At this point, 6,000 schools --roughly 13 percent
of the total number receiving federal education dollars -- have been deemed
to be "in need of improvement" under the act. Some of the worst performers
include leaders of the rebellion. For instance, Connecticut and Utah both
suffer from large gaps in performance between white and minority students,
and the latter spends less per student ($4,900 per year) than any other
state.
Another sticking point is that at the same time that NCLB's mandates
are becoming harder to meet, Congress is significantly reducing education
funding. Under the recently-passed 2006 federal budget, schools will receive
$2.2 billion less than they did last year. And that cut seems particularly
harsh to states, coming after three years of dramatically increased school
spending.
States say the increasing challenge of raising performance amidst a
decreasing supply of federal money is putting them in a financial squeeze,
leaving them to increasingly view their situation with respect to NCLB
solely in those terms. They are focusing particular attention on one specific
paragraph of the 1,100-page act: Section 9527A -- the provision from the
old 1997 education-reform law promising that states would not incur any
compliance costs, which managed to find its way into the final version
of the NCLB statute. NEA President Reg Weaver confirmed that clause is
central to the NEA's lawsuit against the Department of Education in a press
conference in Washington, D.C. held to announce the filing of the suit.
"The law requires Washington to pay for it, and the fact is that Washington
is not keeping that promise," he declared.
A few states have attempted to make that same argument in quantitative
terms. Texas and OHIO, for instance, have performed studies that indicate
NCLB could cost their respective taxpayers well over $1 billion annually.
And the NEA alleges in its suit that states have spent $27 billion of their
own money in complying with NCLB over the past three years. Bush administration
officials dispute those estimates, pointing to several other studies, including
one undertaken by the Governmental Accountability Office, Congress' investigative
arm, that demonstrate the act is adequately funded.
But money isn't the only reason states are up in arms, especially considering
that the federal government only pays about 8 percent of states' education
costs. The conflict is just as much a federalism issue; states are clearly
rankled by the federal government imposing itself in an area they have
long considered to be their exclusive province. And that sentiment may
not have been expressed more candidly than it was by a Republican lawmaker
from Utah. During floor debate on his state's anti-NCLB bill, Rep. Steven
R. Mascaro proclaimed, "Washington's marching in with the education army...You
know what? I'd just as soon they take the stinking money and go back to
Washington with it and let us resolve our education problems ourselves."
Just what Washington will do isn't clear. It could loosen guidelines,
such as allowing more special-ed students to be exempted from testing requirements
(currently schools can exempt only 3 percent of their students) or rewarding
schools whose individual students -- rather than grade levels as a whole
--show improvement from one year to the next. Education Secretary Spellings
has repeatedly said she is willing to "be flexible and work with states
to implement No Child Left Behind" -- at least up to a point; she's also
indicated that "Turning back the clock and returning to the pre-NCLB days
of fuzzy accountability and hiding children in averages" is not an option.
The feds could also go in entirely the opposite direction and ratchet
up the penalties for NCLB noncompliance. Texas, for example, could get
hit with a bigger fine for its open defiance of the 3 percent limit
on students with disabilities. Comments made by Spellings, such as "Texas
is an outlier" and "I intend to take a very strong approach" suggest that's
a distinct possibility. Spellings could also deny Utah the $76 million
it receives in federal education money, which its new law has placed in
jeopardy.
On the other side of the battle, states could take the ultimate step
of pulling entirely out of NCLB -- essentially declare their independence
-- by declining federal funds. That's something only three individual districts
(in ILLINOIS, Connecticut and Vermont) have done so far. But that could
change if the conflict continues to escalate. (TIME, STATELINE.ORG, NEW
YORK TIMES, WASHINGTON POST, NEWSDAY, STATENET.COM)
-- Compiled by KOREY CLARK
TOP OF PAGE
Bird's
eye view
States
give No Child Left Behind a failing grade
States have had mixed feelings
about the federal No Child Left Behind (NCLB) law since its inception in
2002. (See SNCJ Spotlight in this issue) Many states consider NCLB to be
an underfunded federal mandate as well as an intrusion against their right
to set their own education standards. At least 24 states are considering
bills that officially protest the law's tenets or require the state to
opt out of the law's requirements altogether. The latter option would also
mean foregoing the millions of federal dollars that come with NCLB acquiescence.
Teacher unions and school districts in several states, including VERMONT,
TEXAS and MICHIGAN have filed suit against the Bush Administration seeking
to address their funding concerns. The accompanying map shows the states
with pending NCLB protest and opt-out legislation.
Source: State Net database
-- By RICH EHISEN
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OF PAGE
The
Week in Session
States in Regular
Session: CA, DC, DE, LA, MA, MI, NC, NH, NJ, NY, OH, OR, PA, RI, US,
WI
States in Special Session:
CA "a", MN "a", OK "a"
States in Recess:
IL
States in Special Session
Projected to Adjourn: ME "a", NV "a"
States Adjourned in 2005:
AK, AL, AR, AZ, CO, CT, FL, GA, HI, IA, ID, IN, KS, KY, MD, ME, MN,
MO, MS, MT, ND, NE, NM, NV, OK, SC, SD, TN, TX, UT, VA, VT, WA, WV, WY
States in Special Session
Adjourned in 2005: AK "a", MS "a", MS "b", UT "a", WI "a", WV "a",
WV "b", WV "c"
Letters
indicate special/extraordinary sessions
Compiled
By JAMES ROSS| Data current as of 6/10/05 | Source: State Net
database
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PAGE
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Budget & taxes
COURT RULING SPARKS CONTROVERSY IN
KS: On June 3, the KANSAS Supreme Court ruled that the state
Legislature failed to adequately fund education during its regular session,
which ended April 1. The justices had issued a preliminary ruling back
in January calling on lawmakers to increase school funding, but they said
the $142 million the Republican-controlled Legislature had allocated in
response was insufficient, and that another GOP-approved measure authorizing
school districts to increase local property taxes would only widen the
disparity between poor and affluent districts. The justices went on to
order lawmakers to come up with another $143 million by July 1, and indicated
they might order an additional $568 million for next year. After consulting
with legislative leaders, Gov. Kathleen Sebelius (D) immediately called
for a special session on June 22 -- the first since 1989 -- to consider
the state's options, which include raising taxes, expanding gambling, cutting
services and dipping into the state's cash reserves. But some Republican
lawmakers are advocating an alternate course: openly defying the court,
even if that means going to jail. They insist the court has no authority
under the state Constitution to order them to appropriate money for any
purpose. "This is not a case of judicial activism. This is a case of judges
out of control," said one Senator, Tim Huelskamp (R). "We're facing a constitutional
crisis that's been forced on us." And Rep. Frank Miller (R) issued an e-mail
message to his fellow House members, urging them to ignore the court order,
disrupt the upcoming special session and consider impeaching the Supreme
Court justices. "What are they going to do? Put us all in contempt? Put
us in jail? I'm ready. I'll go," he said. Legal experts say if the Legislature
were to refuse to act, the court could order escalating payments to be
made to the school districts that initially sued the state over its funding
system six years ago, seize state assets or even shut down the school system.
They also say lawmakers can't really appeal the justices' decision to the
federal courts because the case revolves around interpretation of the
Kansas' constitution, on which the state's Supreme Court is the ultimate
authority. But many are hoping cooler heads will prevail. Senate Majority
Leader Derek Schmidt (R), for example, said that while he agrees that the
court overstepped its bounds, he believes lawmakers should focus on resolving
the school funding issue during the special session and hold off on proposals
aimed at the judiciary until next year's regular session. (LAWRENCE JOURNAL-WORLD,
WICHITA EAGLE)
BUDGETS IN BRIEF: The U.S. Government
Accountability Office issued a memo last week recommending that the Labor
Department recover $44 million in Sept. 11 aid given to NEW YORK because
the state improperly distributed the funds. While the Labor Department
indicated it is considering its course of action, a New York official said
if the federal government wants the money back, it will have to get it
directly from the families of 9/11 victims (USA TODAY). * CONNECTICUT's
Democrat-controlled legislature approved a two-year, $31 billion budget
last Tuesday that provides additional funding for education, health care
and other services in part through reinstatement of the estate tax, which
was phased out back in January. Gov. M. Jodi Rell (R) said restoring that
tax was preferable to instituting the "millionaires' tax" that Democrats
had been advocating (NEW YORK TIMES). * Democratic leaders in the MAINE
Senate and other Capitol insiders say the push to overhaul the Pine Tree
State's tax system is just about dead, and that major changes will more
likely occur in small steps over the next few years. They say reform proposals
were introduced too late in the session, and the property-tax law passed
in January has "sucked up a lot of the energy around the topic" (PORTLAND
PRESS HERALD). * ALABAMA state Finance Director Jim Main said last week
that the legislature will likely meet in special session before the end
of July in order to pass a general fund budget, after failing to do so
during the regular session, which ended May 16. Gov. Bob Riley (R) is working
with legislative leaders to determine the session's exact date (HUNTSVILLE
TIMES).
-- Compiled by KOREY CLARK
TOP OF PAGE
Politics &
leadership
GOP CASTS OUT CAUCUS MEMBER IN AK:
Republican leaders of ALASKA's House kicked Rep. Nancy Dahlstrom
out of the majority caucus last week for violating caucus rules by voting
against a GOP-backed public works budget. Dahlstrom said she opposed the
budget because it draws money from the Alaska Permanent Fund without seeking
voter approval, which she had made a campaign promise not to do. Despite
the outcome, Dahlstrom said she did not regret her decision. "I feel good
about what I did. I kept my word to my constituents," she said. With no
plans to join the Democratic minority, Dahlstrom will now be the only political
independent in Juneau. Evidently the sort of person who's inclined to see
the glass as half full, she said, "I think I'm a caucus of one." (ANCHORAGE
DAILY NEWS).
POLITICS IN BRIEF: A NEVADA lawmaker
went on a fast a week before the end of the session in an effort to generate
support for his proposal to give bonuses of up to $500 a month to local
National Guard members and reservists for time served following the 9/11
terrorist attacks. Sen. Bob Coffin (D) managed to survive the session,
but his bill, SB 355, did not. The measure died in the Senate after being
amended in the Assembly (NEVADA APPEAL [CARSON CITY]). * The new elections
supervisor of FLORIDA's Miami-Dade County has recommended replacing the
county's new touch-screen voting system with one that relies on paper ballots
and optical scanners like those used by many of the Sunshine State's other
counties. Opponents of paperless voting are hoping that the recommendation,
coming in a county with more than a million voters, and that was also among
the first in the country to adopt touch-screen technology, will have a
major impact on the national debate over the issue (PALM BEACH POST). *
OREGON House Republicans have initiated an effort to strip Sect. of State
Bill Bradbury (D) of his authority to conduct performance audits of government
agencies. Bradbury claims the move is in retaliation for the Democrat-friendly
legislative district lines he drew in 2001, after lawmakers failed to agree
on a plan (ASSOCIATED PRESS, STATESMAN JOURNAL [SALEM]). Former MASSACHUSETTS
House Speaker Thomas M. Finneran (D) was indicted by a federal grand jury
last week on charges of perjury and obstructing justice for lying during
an investigation into his role in the drawing of legislative boundaries
that diluted the power of minority voters in Boston. Finneran resigned
last fall after serving as speaker for eight years (BOSTON GLOBE). * Fund
raising for ALABAMA's 2006 legislative elections officially kicked off
last Monday. Both major parties are expecting record-breaking campaign
spending, with Republicans hoping the retirements of some Democrats and
increasing numbers of suburban residents in a few swing districts will
give them a majority in the House, and Democrats vowing to fight for every
seat (BIRMINGHAM NEWS).
-- Compiled by KOREY CLARK
TOP OF PAGE
Governors
WHAT NOW IN WA? That's
the question on everybody's mind in WASHINGTON now that the protracted
fight over the governor's office has been decided. When Chelan County Superior
Court Judge John Bridges upheld Democrat Christine Gregoire's 129-vote
victory over Republican Dino Rossi last week, he did more than just ensure
Gregoire would stay in the office she has inhabited under intense controversy
since January. Bridges' decision also set off rampant speculation about
what his decision will mean for both combatants and their respective parties,
with the fallout possibly rippling all the way to the U.S. Senate.
With Rossi opting not to pursue the matter in the state Supreme Court,
top fodder in the local rumor mill quickly had Rossi making a run at the
seat currently held by freshman U.S. Sen. Maria Cantwell (D), who many
view as being vulnerable against the right candidate. That possibility
is said to also intrigue both the national GOP and the White House. Rossi,
however, has gone to great lengths to dispute any thought of a Senate run,
saying he has no desire to be away from his family or to leave the state.
Others say a Senate race could also force him to more vociferously defend
his anti-abortion stance, an issue critics claim he was able to successfully
avoid in the governor's race. Washington is one of the nation's strongest
pro-choice states.
Many Rossi supporters are urging him to use his current popularity to
make another run at Gregoire in 2008, but a three-year lag time could also
be problematic, particularly as Rossi does not currently hold an elected
office to keep him in the spotlight. Washington State GOP chairman Chris
Vance says it is all just speculation right now. "I'm sure Dino Rossi has
a place in Washington State politics," Vance said. "But...he's not sure
what the future will hold for him."
Gregoire, meanwhile, is inspiring rampant speculation of her own. With
her job secure for at least a few years, some Republicans immediately expressed
their concern that she would pursue a more aggressive agenda in the next
session. But Democrats counter that it would be hard for her to be more
aggressive than she already was this year, noting her vocal support for
an $8.5 billion tax package that included a 9.5 cents-per-gallon hike in
the state's gasoline tax over the next four years.
The next battle for both parties will actually be a more fundamental
one -- how to pay for the enormous cost of the legal fight. State Democratic
Party Chairman Paul Berendt says Dems are on the hook for about $3.5 million
in legal fees, a figure he claims they don't have the cash to pay right
now. Vance says the GOP is also not currently able to pay its legal tab
of about $2.5 million.
Dems are also still fuming that the state refuses to pay them 12 percent
interest on the $730,000 they had to pony up to pay for the third recount
-- the one that gave the election to Gregoire. State law says that since
that count changed the election results, the money must be refunded, but
Sect. Of State Sam Reed refused to give the money back until the court
case was decided. With that situation finally resolved, he vowed to issue
the refund immediately, but only with 2 percent interest tacked on, a difference
of more than $30,000. Berendt says he is undecided about whether to incur
further legal bills by pursuing the matter in court. (SEATTLE POST-INTELLIGENCER,
SEATTLE TIMES)
GOVERNORS IN BRIEF: A spokesperson
for CALIFORNIA Gov. Arnold Schwarzenegger (R) said the governor "has no
intention" of giving back a $10,000 campaign contribution from an OHIO
man now under investigation for possibly defrauding the Buckeye State out
of millions of dollars. Top Ohio politicians, the national GOP and even
President George W. Bush have either returned similar donations or given
equivalent amounts to charity in the aftermath of the allegations (SAN
JOSE MERCURY NEWS). * Multimillionaire Douglas R. Forrester easily won
the Republican nomination for governor in NEW JERSEY last week, setting
up a fall gubernatorial battle between two of the Garden State's wealthiest
men. Forrester will face off with Democrat Dave Corzine in November in
what many expect to be the most expensive race of the year. Both men have
chosen to opt out of the state's public campaign financing system, thus
allowing them to spend as much of their own money as they like (NEW YORK
TIMES). * ARIZONA Gov. Janet Napolitano (D) issued an executive order calling
for a summit designed to devise a plan for enforcing federal immigration
laws in the Grand Canyon State. The summit is expected to bring law enforcement
officials from across the state together to mull possible recommendations
for changes to federal and state immigration laws (ARIZONA REPUBLIC [PHOENIX]).
* GEORGIA Gov. Sonny Perdue (R) appointed his top legal adviser to the
state Supreme Court last week. It was the first appointment to the Peach
State high court by a Republican governor in 137 years (ATLANTA JOURNAL
CONSTITUTION).
-- Compiled by RICH EHISEN
TOP
OF PAGE
UPCOMING STORIES
Here are some of the stories
you will see in the upcoming issues of the
State Net Capitol Journal:
- What now for medical
marijuana laws?
- Will phone companies
soon take over cable TV?
- The brave new world
of WiMax, and how states want to control it
And many more...
TOP
OF PAGE
Hot issues
BUSINESS: The HAWAII Supreme
Court rules that banning doors on "peep show" booths in adult video stores
does not violate the public's right to privacy or free speech. Video store
owners say city ordinances that prohibit doors will drive away the tourists
that make up the bulk of the booth clientele (HONOLULU STAR-BULLETIN).
* OKLAHOMA Gov. Brad Henry (D) signs legislation that overhauls the Sooner
State's workers' compensation laws. The measure gives employers the right
to, among other things, choose an injured worker's physician (OKLAHOMAN
[OKLAHOMA CITY]). * The NEW YORK Senate approves a measure that would close
a loophole in the Empire State's anti-telemarketing law that currently
allows businesses to make unsolicited calls to existing customers. The
measure would bring the state into line with federal Do Not Call statutes.
It rings through to Gov. George Pataki (R), who has said he will sign it
(TIMES UNION [ALBANY]). * ILLINOIS Gov. Rod Blagojevich (D) signs legislation
that bans the sale of yo-yo water ball toys in the Prairie State. The toys
have been blamed for choking more than 400 children across the nation.
Illinois is the first state to ban the sale of the product (CHICAGO SUN-TIMES).
CRIME & PUNISHMENT: The LOUISIANA
House endorses HB 663, which would authorize wrongfully jailed inmates
to receive free college tuition and as much as $150,000 in compensatory
damages from the state. It moves to the Senate (TIMES-PICAYUNE [NEW ORLEANS]).
* COLORADO Gov. Bill Owens (R) signs a measure that bans open alcohol containers
in a moving vehicle. The Centennial State is the last in the nation to
adopt such a law (ROCKY MOUNTAIN NEWS). * SOUTH CAROLINA Gov. Mark Sanford
(R) signs legislation that imposes a $1,000 fine and 30 days in jail for
first-time domestic abusers. A third offense would become a felony punishable
by up to five years in prison (POST & COURIER [CHARLESTON]). * KANSAS
Gov. Kathleen Sebelius (D) signs a measure that requires all Sunflower
State law enforcement agencies to ban racial profiling, the act of targeting
motorists for traffic stops based on their race. The law, however, contains
no penalties for agencies that do not comply (WICHITA EAGLE). * The FLORIDA
Supreme Court upholds two Sunshine State laws that require sex offenders
to submit their addresses and a DNA sample to the state. A group of convicted
sex offenders had sued the state, claiming the laws were unconstitutional
(ST. PETERSBURG TIMES).
EDUCATION: COLORADO Gov. Bill Owens
(R) vetoes a measure that would have barred "elimination games" like dodgeball
or tag in public schools (ROCKY MOUNTAIN NEWS). * OKLAHOMA Gov. Brad Henry
(D) signs legislation that boosts math requirements, establishes rigorous
testing programs for middle and high school students and encourages high
school seniors to take college courses. Students must also take college-bound
curriculum unless their parents agree in writing to let them opt out of
the program (DAILY ARDMOREITE ). * NEW HAMPSHIRE Gov. John Lynch (D) signs
HB 687, which gives free tuition at any state-run college to the children
of all military personnel killed while on active duty. To date, 19 Granite
State residents have been killed in military action in Afghanistan and
Iraq (FOSTER'S DAILY DEMOCRAT).
ENVIRONMENT: The OREGON House passes
House Resolution 3, which calls for a ban on state agencies imposing greater
restrictions on greenhouse gas emissions. Resolutions do not carry the
force of law and do not forward to other chambers (CORVALLIS GAZETTE-TIMES).
* Still in OREGON, the Senate rejects a House-approved measure that would
have allowed counties to reinstate the use of dogs to hunt mountain lions.
The measure now heads to a joint House-Senate conference committee for
negotiation (STATESMAN JOURNAL [SALEM]). * The CONNECTICUT House okay's
a bill that would charge a new fee on land transactions in order to raise
money to preserve farmland and other open space. It moves to Gov. M. Jodi
Rell (R) (HARTFORD COURANT).
HEALTH & SCIENCE: The U.S. Supreme
Court rules that the federal government has the authority to prosecute
medical marijuana users even in the 11 states that allow the practice.
The ruling does not strike down laws in those states, which include CALIFORNIA,
ALASKA, MARYLAND, VERMONT, COLORADO, HAWAII, MAINE, MONTANA, NEVADA, OREGON
and WASHINGTON (WASHINGTON POST, ARIZONA REPUBLIC [PHOENIX]). * Undaunted
by the Supreme Court decision, the RHODE ISLAND Senate overwhelmingly approves
a bill that would legalize the use of marijuana for medical purposes. It
wafts over to the Senate (PROVIDENCE JOURNAL). * The LOUISIANA House approves
HB 675, which would mandate that critically ill people be kept alive with
feeding tubes unless their living will specifies that they not be. It moves
to the Senate (TIMES-PICAYUNE [NEW ORLEANS]). * The NEVADA Legislature
passes a bill that will allow Silver State residents to purchase prescription
drugs from Canada. If signed by Gov. Kenny Guinn (R), Nevada would become
the ninth state to adopt a Canadian pharmacy plan (LAS VEGAS REVIEW JOURNAL).
* The LOUISIANA Senate snuffs out SB 354, which would have banned smoking
in most Pelican State restaurants and bars (TIMES-PICAYUNE [NEW ORLEANS]).
SOCIAL POLICY: An OREGON Senate
committee approves SB 1073, which would authorize same-sex civil unions
in the Beaver State. It moves to the full Senate (OREGONIAN [PORTLAND]).
* The MAINE House rejects a proposed constitutional amendment that would
have barred same-sex marriage in the Pine Tree State. The Senate will consider
a similar proposal next week (PORTLAND PRESS HERALD). * TEXAS Gov. Rick
Perry (R) signs legislation requiring that minor girls get parental consent
before having an abortion. Perry also signed off on a proposed constitutional
amendment that would ban same-sex marriages in the Lone Star State. That
amendment must still be approved by voters (DALLAS MORNING NEWS).
POTPOURRI: The LOUISIANA House just
says no to HB 754, which would have allowed Pelican State convenience stores
to sell "frozen specialty drinks" like daiquiris and Hurricanes (TIMES-PICAYUNE
[NEW ORLEANS]). * COLORADO Gov. Bill Owens (R) signs HB 100, which guarantees
Centennial State property owners in developments governed by homeowners
associations the right to display political yard signs and flags, inspect
association financial records and read all of the association's bylaws
before closing on a home (ROCKY MOUNTAIN NEWS). * MINNESOTA Gov. Tim Pawlenty
(R) vetoes a measure that would have established a state poet laureate.
Pawlenty reasoned that signing the bill would have led to calls for similar
state recognition for other artistic performers, such as mimes and interpretive
dancers (MINNEAPOLIS STAR-TRIBUNE). * The MAINE House goes all in on a
measure that would allow Pine Tree State charities to hold up to six high-stakes
poker tournament fund raisers annually. The so-called TEXAS Hold `Em bill
now gets dealt to the Senate (KENNBEC JOURNAL).
-- Compiled by RICH EHISEN
TOP OF PAGE
UPCOMING ELECTIONS
(06/09/2005 - 06/30/2005):
06/14/2005 Florida
special general
House
007
06/14/2005 New Hampshire
Special Election
House
Hillsborough 01
06/14/2005 Virginia
Primary Election
House
(All)
TOP
OF PAGE
Once around the statehouse lightly
DOMINO OF THE WEEK. When
word leaked out that President George Bush soon would appoint CALIFORNIA
Republican Chris Cox as chairman of the Securities and Exchange Commission,
the stampede for Cox' Orange County congressional seat took on the appearance
of the 1849 gold rush. At the head of the pack, reports Capital Journal,
are several current and former state legislators -- Republicans all --
spurred on by the state's unforgiving term-limits law. The first to declare
was Dick Ackerman, the minority leader of the state Senate, who is not
termed out until 2008. Quick behind Ackerman was Marilyn Brewer, who was
term limited from the Assembly in 2000. Also considering a challenge are
Assembly members Chuck DeVore and Todd Spitzer. Meanwhile, an Ackerman
victory would create yet another rush for an open Senate seat. Churn...churn...churn.
A FEW HERE, A FEW THERE. WISCONSIN
officials are hard pressed these days to explain a few voting irregularities
from last year's presidential election. In Milwaukee, reports the Milwaukee
Journal Sentinel, computer glitches and data-entry errors have been blamed
for the city producing more ballots than it had voters. Not to be outdone,
the town of Herman, population 741, gave George Bush 100 extra votes --
making the local results of the November 2 election off by some 25 percent.
Herman ballots are not run through a computer; they are counted by hand.
The real problem: It took seven months to discover the glitch. Seems somebody
punched the wrong number on Herman's adding machine, giving Bush 366 votes
instead of 266. Democrat John Kerry won the Badger State anyway.
WELL, IT SEEMED LIKE A GOOD IDEA. But,
in the end, it was just plain goofy. As a result, MARYLAND Governor Robert
Ehrlich Jr. has ordered state troopers to stop using night-vision goggles
to bust drivers who are not using seat belts. According to the Baltimore
Sun, police were peering into cars on the Rockville Pike, trying to see
who was -- and more significant, who wasn't -- strapped in. Ehrlich was
concerned that the practice was intrusive and violated Marylanders' right
to privacy. The state had launched a "Click It or Ticket" campaign to encourage
seat-belt use, claiming that dangling belts caused 70 percent of nighttime
fatalities. The goggles were the same type used by U.S. Army Special Forces
in Iraq. So, if the cops can't use the special specs on highways, where
-- and how -- will they use them?
IT MAY NOT BE THE WAR - but folks
in INDIANA have their causes, too, notes the Indianapolis Star. In this
case, the focus is on a ...err...highway; the extension of Interstate 69,
to be precise. Plans are afoot to extend I-69 from Indianapolis to Evansville,
where it would cross into KENTUCKY and continue on its merry way -- all
the way to Mexico. And that, apparently, is the rub. The extension is part
of the so-called "NAFTA Superhighway" designed to traverse eight states
and speed trade and tourism with our neighbors to the south. But some Hoosiers
think that idea is bad for the U.S., bad for family farms, bad for the
environment -- and just plain bad. So, they have taken their case to the
Statehouse to try to stop the project. Unfortunately, they've been accompanied
by a band of professional protesters who resorted recently to vandalizing
the Capitol. After some were arrested for spray painting a wall, it was
discovered that nearly half of those detained were from out of state.
GRAND OLD FLAG. It's been two years
since the Stars and Bars flew over the Confederate Memorial Site in Higginsville,
and it took an act of the governor to allow it to flutter this year. But
flutter it did as Civil War re-enactors joined with ordinary citizens to
pay homage to those who fought -- and died -- to preserve Southern independence.
And this ceremony took place in ALABAMA, you say? Or TEXAS? Or GEORGIA,
or VIRGINIA -- or some other place in the old Confederacy? Try MISSOURI.
As the St. Louis Post Dispatch reports, sentiments still run on the hot
side in this once-border state, where Missourians were arranged on both
sides of the conflict. While sons of the confederacy gathered in Higginsville
to commemorate the occasion, others from the Show Me State met in Jefferson
City to grump about the decision to permit the Stars and Bars.
-- 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: 94
Number of 2005 Intros
last week: 1,044
Number of bills enacted/adopted
last week: 1,359
Number of 2005 prefiles
to date: 32,764
Number of 2005 Intros
to date: 148,884
Number of enacted/adopted
overall in 2005: 28,376
Compiled
By JAMES ROSS | Data current as of 6/9/05 | Source: State Net database
TOP OF
PAGE
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Editor: Rich
Ehisen
Associate Editor: Korey
Clark
Contributing Editor: A.G.
Block
Editorial Advisor: Lou Cannon
Correspondents: Richard Cox (CA),
Steve Karas (CA),
Bruce McKeeman (CA), 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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