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Major court rulings in CO

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Western govs hot on global warming
 

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Congress has not raised the federal minimum wage since the days of the Clinton administration. But following a suggestion from the former President himself, a number of states have recently taken the matter into their own hands. 
 

States taking on minimum wage issue

It has been nearly a decade since Congress last raised the federal minimum wage from $4.75 to the current standard of $5.15-per-hour. With Congress resisting all attempts since then to raise the federal minimum any further, the battle over how much to pay minimum wage workers has shifted en masse to the states. 

According to the U.S. Department of Labor, 20 states and the District of Columbia have raised their minimum wage above the federal standard since January 2004. Three of those changes -- ARKANSAS, MARYLAND and MICHIGAN -- came this year alone. MARYLAND lawmakers kicked off the year in January by overriding Gov. Robert Ehrlich Jr's (R) veto of HB 391, which raised the Old Line State minimum by $1 to $6.15-per-hour. In March, MICHIGAN Gov. Jennifer Granholm (D), signed SB 318, which will raise the Wolverine State minimum wage to $6.95-per-hour this October and to $7.40-per-hour by July 2008. They were followed in April by ARKANSAS Gov. Mike Huckabee (R), whose signature on HB 1033 raises the state's minimum wage to $6.15-per-hour on October 1. 

Two states that were already above the federal standard also raised their minimum wages even higher this spring. In February, RHODE ISLAND Gov. Don Carcieri (R) allowed a measure that hiked the minimum wage to $7.10 on March 1 and $7.40-per-hour by January 2007 to become law without his signature, while in April MAINE Gov. John Baldacci (D) signed legislation that raises his state's minimum to $7-per-hour by October 2007. 

Five more states could legislatively raise their current minimum wage this year, with proposals still in play in CALIFORNIA and MASSACHUSETTS -- which are each already above the federal level -- as well as PENNSYLVANIA, NORTH CAROLINA and LOUISIANA, where the minimums are all at $5.15. Ballot initiatives could also play a role, as advocates for raising the minimum wage are actively campaigning to place the issue before voters in ARIZONA, COLORADO, MISSOURI, OHIO and MONTANA this November. NEVADA voters already approved one such measure in 2004, but must approve it again this fall for it to become law. 

Pro-business factions have long been opposed to any further minimum wage increases, arguing that the increased labor costs will hurt mostly small business and eliminate many of the jobs currently held by minimum wage workers. This, they say, is made even more problematic when those hikes are tied to inflation. 

"It's expensive to do business in MASSACHUSETTS, and this could force small businesses to lay off employees or keep them from hiring new ones. This affects the least-skilled employees the most," said Erin Trabucco, general counsel for the Retailers Association of MASSACHUSETTS after the state Senate approved legislation in May that would hike the minimum wage to $8.25 -- which would be the highest in the nation -- and tie that rate to the annual cost of living. 

But minimum wage increase supporters claim federal data from states that have raised their minimum wage show just the opposite effect. According to the federal Bureau of Labor Statistics (BLS), the four states that have tied their minimum wage hikes to inflation -- VERMONT, FLORIDA, OREGON and WASHINGTON -- have all experienced job growth that meets or exceeds the national average since going to that  system. 

FLORIDA has been the most productive, with 3.4 percent and 4 percent job growth in 2004 and 2005 respectively, far above the national averages for those years of 1.1 and 1.5 percent. OREGON has had similar results, with total jobs up 7.8 percent since April 2002, the year it tied its minimum to inflation. That is the highest number of total jobs in state history. 

Those numbers lead Mike Wald of the BLS to conclude that "raising the minimum wage seems to have no negative affect on jobs." 

Whether it is ultimately a convincing enough argument to continue moving states toward further minimum wage increases remains to be seen. While five wage hikes were approved this year, several more states, including KANSAS and NEW MEXICO, also rejected wage hike proposals. And of late, at least one of the still pending measures has become the focus of a political shoving match that has left its success in limbo. 

After vetoing a proposed minimum wage hike each of the last two years, CALIFORNIA Gov. Arnold Schwarzenegger (R) has this year openly advocated for his state to raise its minimum wage by $1-per-hour. But he has also made it clear he will not support an indexed wage tied to inflation, a provision contained in Democrat-sponsored bills in both chambers of the Golden State Legislature. Schwarzenegger has tried to get around the issue by reinvigorating a dormant state commission and assigning it the task of deciding the matter, but it is not expected to decide one way or the other for at least several months, perhaps not until days before the November elections. 

Other issues are in play in LOUISIANA, where SB 700 would grant a $1-per-hour hike to all minimum wage workers, while a matching House proposal, HB 194, would apply only to state employees. Although each has passed its own chamber, an effort to amend the House measure to match the Senate proposal failed two weeks ago. Gov. Kathleen Blanco (D) has said she is "inclined to support" SB 700. 

The MASSACHUSETTS proposal is also now in the House, but faces an uncertain fate if it eventually gets to Gov. Mitt Romney (R). Candidate Romney openly advocated for tying the minimum wage to inflation during his 2002 gubernatorial campaign, but has of late withheld support of the pending measure as he ponders a run for the White House in 2008. Hike supporters fear that Romney could seek to bolster his conservative credentials by vetoing an index-based measure, thus forcing another potential override showdown with Bay State Democrats. 

The state most likely to approve the next minimum wage hike is NORTH CAROLINA, which has already sent a proposal through both houses. Tar Heel State lawmakers are apparently in agreement on their proposal, which would pad the wage to $6.15-per-hour -- the only issue now appears to be whether they will send it to Gov. Mike Easley (D) as a stand-alone measure or as part of next year's state budget. Easley has indicated he will sign it in whatever form it gets to him. (STATE NET, CHARLOTTE OBSERVER, LOS ANGELES TIMES, SAN DIEGO UNION-TRIBUNE, CHICAGO TRIBUNE, BOSTON GLOBE, INC.COM, BUREAU OF LABOR STATISTICS, CNN.COM. NEW YORK TIMES, ADVOCATE [BATON ROUGE], ASSOCIATED PRESS, USA TODAY) 

-- Compiled by RICH EHISEN

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Bird's eye view

States hiking minimum wage

Twenty states currently have a minimum wage higher than the $5.15-per-hour mandated by federal law (see SNCJ Spotlight in this issue). Many of those have raised their wage by at least a dollar over the federal standard, with several more set to join them within the year. At least five states - CALIFORNIA, NORTH CAROLINA, LOUISIANA, PENNSYLVANIA and MASSACHUSETTS - are also seriously considering raising their own minimum wage this year, while efforts are underway to place a minimum wage increase on the November ballot in ARIZONA, COLORADO, MISSOURI, OHIO and MONTANA. NEVADA voters are also set to take a second vote on a hike they approved in 2004. Two of the states considering minimum wage hikes, CALIFORNIA and MASSACHUSETTS, already have wages well above the federal minimum, and proposed changes would push them over the $7-per-hour mark. The accompanying map shows the 10 states that currently have the highest minimum wage.
 
 

-- Compiled by RICH EHISEN

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Budget & taxes

TOUCH-PLAY BUSINESSES NOT PAYING UP: Last Monday, a couple of IOWA businesses that operated TouchPlay gambling machines -- outlawed by the Hawkeye State Legislature as of May 4 -- paid the state $395,000 they owed under the terms of the now-defunct game. Unfortunately for the state, twenty other businesses have yet to settle their bills, which currently stand at a collective $2.9 million. Craig Cohoon, vice president of Moss Distributing of Des Moines, which distributed TouchPlay machines, said some TouchPlay operators are still waiting for a final accounting of their revenues, while others, on the advice of counsel, have placed their money in escrow pending the settlement of legal challenges to the Legislature's action. "As a colleague and a friend of many of these small-business owners, I have encouraged them to pay their bills. However, there are legitimate reasons why there are unpaid balances," Cohoon said. Chief among those, he says, is "breach of contract," the state having reneged on its promise to run TouchPlay for five years in order to allow businesses enough time to recoup their initial investments. The IOWA Lottery Board has given the holdout businesses until July 10 to pay up, although it hasn't specified what it will do if they don't. (DES MOINES REGISTER)

MURKOWSKI GIVES UNPRODUCTIVE LEGISLATURE BREAK: The ALASKA Legislature adjourned its special session June 8 without accomplishing the two goals Gov. Frank Murkowski (R) says must be met in order for the state's natural gas pipeline deal to proceed. The first is passing a tax on oil companies' profits -- something lawmakers also failed to do during the regular session. And the second is giving Murkowski the authority to negotiate a long-term oil tax freeze with the three companies that would build and operate the pipeline. But although the governor was disappointed by the outcome of the session, instead of forcing the issue, he opted to give lawmakers some time off before calling another session. He said he may do so after the Aug. 22 primary elections. (ASSOCIATED PRESS, ANCHORAGE DAILY NEWS)

SANFORD BATTLES OWN PARTY OVER BUDGET: SOUTH CAROLINA Gov. Mark Sanford (R) vetoed his state's entire $6.6 billion budget last week, only to have the GOP-controlled Legislature override his veto six hours later. Political observers said Sanford's rejection was unprecedented in Palmetto State history, where governors traditionally use the line-item veto to kill specific budget expenditures they dislike. Sanford was irked that lawmakers voted to increase state spending by over 10 percent, almost double the 5.5 percent rate of growth he sees as fiscally responsible. But observers also claimed there was a political element to how the governor went about the veto, noting that Sanford waited until 11 p.m. on Tuesday, four hours after the polls closed on the state's gubernatorial primary. Sanford won his party's nomination for a second term. (NEW YORK TIMES)

BUDGETS IN BRIEF: Last week, NEW YORK lawmakers approved for the second time this year a measure aimed at providing property tax relief to residents before this fall's elections. Gov. George Pataki (R) vetoed their first effort, claiming it was unconstitutional. Pataki said he was "inclined" to sign the new bill, which would provide income tax rebates of $200-300 to residents, which they could choose to receive when they get their school tax bills in the fall (ASSOCIATED PRESS, TIMES UNION [ALBANY]). * Also in NEW YORK, Albany County District Attorney David Soares has initiated a grand jury investigation into `pork' spending by the governor and Legislature. The inquiry was apparently triggered by newspaper reports about the $200 million carved up in Albany each year for pet projects (TIMES UNION [ALBANY]).
 

 --  Compiled by KOREY CLARK

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Politics & leadership

MAJOR COURT RULINGS IN CO: Last Monday, the COLORADO Supreme Court ruled that a proposed initiative seeking to deny state services to illegal immigrants can not appear on the November ballot.

The measure was struck down on what supporters called "a technicality": it dealt with more than one subject, a violation of the state Constitution. Backers also criticized the justices for taking three months to issue their ruling, eliminating the possibility of redrafting the initiative's language in time for the fall election.

"I think perhaps they delayed it unnecessarily," said one of the measure's organizers, Fred Elbel of Defend Colorado Now. Another member of that group, Dick Lamm, was a little less circumspect. "This is outrageous judicial activism.... It's raw, naked politics," he said. And U.S. Rep. Tom Tancredo (R-COLORADO), one of the most outspoken critics of current U.S. immigration policy in Congress, called the court ruling an "arrogant usurpation of citizens' constitutional prerogatives."

Opponents countered that the high court's decision avoids the potentially "onerous" consequences of a measure that could have subjected all but emergency services to verification of citizenship. "Let's assume you're driving a trash truck down an alley in Denver, COLORADO. Are you to decide which homes to pick up garbage from and which homes not to pick up garbage from?" said Federico Peña, a former Denver mayor who led the fight against the initiative.

Others say the decision is a major blow to the national anti-illegal immigration movement, which began with the passage of Proposition 200 in ARIZONA in 2004. "This action in COLORADO will have ripple effects well beyond the state's borders," said Wade Henderson of the Leadership Conference on Civil Rights in Washington, D.C. "ARIZONA was a shot across the bow, but COLORADO was seen as more important in some ways, partly because this was the first effort after ARIZONA to see where this thing was going to go, and partly because it is the home of Dick Lamm and Tom Tancredo."

In another decision handed down by the COLORADO Supreme Court last Monday, the state legislature was judged to have overstepped its bounds when it used "headnotes" or spending instructions in past state budgets to direct Gov. Bill Owens (R) how to spend the state's money. "The legislature intruded into the executive branch's responsibility to administer the laws and violated the separation of powers doctrine established in article III of our constitution," Chief Justice Mary Mullarkey wrote in her opinion for the court.

The high court didn't rule entirely in Owens' favor, however. It declared that the governor did not have the authority to line-item veto the legislature's spending instructions.

House Speaker Andrew Romanoff's (D) take on the bifurcated ruling: "The legislature can tell the governor how to spend the money, but we can't tell him how to do his job. It's a fine line, but an important constitutional distinction." Which suggests there could be some line-defining constitutional conflict ahead. (DENVER POST)

JUDGE TOSSES PAY RAISE SUIT: A federal judge threw out a lawsuit last week seeking to bar PENNSYLVANIA lawmakers from employing the tactics they used last year to pass the pay raise that ultimately cost 17 of them their seats in the May primary elections. The plaintiffs, including Common Cause and the League of Women Voters, had contended that the passage of the pay raise without public notice or debate violated the constitutional provisions of due process, free speech and equal protection. But U.S. District Judge Yvette Kane was not swayed by their argument, stating that the pay-raise dispute was part of the "political and electoral process," which did not belong in her courtroom. "For over two hundred years, our people have trusted these processes to restrain their officials from abusing the power of office and making a mockery of our laws," she said. "It is not for this court to alter the course of history now." The decision left the plaintiffs with at least one alternative course of action that has proven remarkably effective so far. "I guess what we have to do now is what the lawyers for the Legislature and the governor and the Supreme Court said in their arguments: We have to throw them out," said plaintiff Tim Potts, who is also cofounder of the government-reform group Democracy Rising PA, which helped orchestrate voters' anti-incumbent uprising in May. (ASSOCIATED PRESS, PHILADELPHIA INQUIRER)

AT THE POLLS: NORTH DAKOTA voters approved two measures last Tuesday changing parts of the state constitution that have not been touched in over a century. Measure 1 removes age, gender and residency restrictions on who may serve in the NORTH DAKOTA Guard. The constitution currently limits membership to male residents, between the age of 18 and 45. Measure 2 eliminates several outmoded sections of the constitution regulating railroads, banks and corporations, and abolishes a requirement that NORTH DAKOTA corporations employ a method of electing directors that grants minority shareholders greater influence. Supporters say the changes will make the Flickertail State more attractive to businesses (ASSOCIATED PRESS, BISMARCK TRIBUNE). * In SOUTH CAROLINA, conservative groups succeeded in turning out some Republican lawmakers they deemed RINOs -- Republicans In Name Only -- such as Rep. Becky Martin in District 8. But many others who were targeted survived, including Rep. Gene Pinson in District 13, Rep. Jeff Duncan in District 15, Rep. Adam Taylor in District 16 and Rep. Bill Whitmire in District 1 (STATE [COLUMBIA]).

POLITICS IN BRIEF: The RHODE ISLAND Supreme Court has upheld a lower court decision declaring that the 2002 redistricting of the state Senate did not violate the constitution. Plaintiffs had argued that five of the redrawn districts disenfranchised voters (PROVIDENCE JOURNAL). * OKLAHOMA Rep. Lance Cargill (R), who resigned as floor leader of the House in a leadership shakeup earlier this year, was named speaker designate last week. He will succeed term-limited House Speaker Todd Hiett next year, as long as the Republicans continue to hold a majority in the chamber -- currently 57-44 -- after this fall's elections (OKLAHOMAN [OKLAHOMA CITY]).
 

-- Compiled by KOREY CLARK

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WESTERN GOVS HOT ON GLOBAL WARMING: The Western Governors Association unanimously -- but some still say tepidly -- passed a resolution at their annual meeting last week calling on states and cities to reduce human-caused greenhouse gases during the group's annual meeting last week. Though the resolution itself was considered by many to be a significant step, particularly considering that many of the governors represent states with numerous power plants or major coal and oil reserves, critics noted that the resolution contains no specific actions for reducing the emissions. 

That omission concerned CALIFORNIA Gov. Arnold Schwarzenegger (R), who urged his colleagues to make the resolution stronger prior to the vote, saying, "On global warming, we still come up short. We've made progress in everyone agreeing it's a serious problem. But unless we set specific goals and targets with specific ways to measure our performance, a resolution won't mean very much..." 

But while the resolution directly states that climate change is occurring and is "influenced by human activity," at least one western governor -- IDAHO Gov. James Risch (R), who was recently appointed to replace Dirk Kempthorne, who left to become secretary of the Interior -- does not see it that way. Risch said he did not believe the resolution actually declares climate change to be human-caused. "I personally think there is science on both sides," he said. "I'm not strongly convinced either way."

But others were more certain. SOUTH DAKOTA Gov. Mike Rounds (R), who was elected to succeed ARIZONA Gov. Janet Napolitano (D) as the group's chairman during the meeting, said he and his colleagues agreed "there are a number of different causes" for global warming. When asked if that included human causes, Rounds said: "Absolutely."

Although the main resolution did not stress specific actions, a companion resolution called for a range of possible strategies for environmentally sound energy production, including rebates to customers for efficient appliances, upgrades to building codes and construction of cleaner burning coal plants.

Schwarzenegger also noted that the resolution was not intended to draw a line in the sand between states and the federal government, saying "This is not us versus the federal government as much as we say, `Look, we have it happening in our states, and we can make an impact...And if we join forces we can make more of an impact.' Now we spread the news." (LOS ANGELES TIMES, RAPID CITY JOURNAL)

OWENS THREATENS SPECIAL SESSION OVER IMMIGRATION: COLORADO Gov. Bill Owens (R) has threatened to call a special legislative session unless the state Supreme Court reverses what he called an "arrogant" decision to kill a November ballot measure that would ask voters to ban illegal immigrants from receiving all but federally mandated education and emergency services. The court invalidated the measure because it says it violates the constitutional requirement that initiatives address only one subject. Owens said he is giving the high court two weeks to reverse its decision or he will seek to put the matter before voters via the Legislature, which would require a two-thirds vote in both houses. (DENVER POST)

FORMER CA GOV SAYS SOME IN GOP WEAK ON IMMIGRATION: Former CALIFORNIA Gov. Pete Wilson (R) said last week that Republicans who support citizenship for illegal immigrants are merely afraid of being labeled racists. "I think a great many Republicans have been intimidated, and I, frankly, am quite disappointed," Wilson said during a speech at the Hudson Institute, a Washington D.C.-based conservative think tank. Wilson drew national attention in 1994 for his support of Prop. 187, an initiative that denied state funding for health care and education services to illegal immigrants. The initiative passed but was later overturned by a federal court. Wilson called illegal immigration a threat to the nation's security and culture and said a fence should be built along the entire 2,000-mile U.S.-Mexico border before citizenship is offered to the estimated 12 million illegal immigrants currently in the country. (SAN FRANCISCO CHRONICLE)  

SCHWEITZER DRAWS HEAT FOR "ARAB-BAITING": The president of the Arab American Institute in Washington, D.C. accused MONTANA Gov. Brian Schweitzer (D) of "Arab-baiting" last week over the outspoken governor's comments earlier this year on the TV news program 60 Minutes. On that broadcast, Schweitzer claimed coal-to-fuel projects like those underway in his state could help free the U.S. from dependence on "the sheikhs, the dictators, the rats and the crooks around the world who are bent on destroying our way of life." John Zogby said Schweitzer's comments are part of a wave of U.S. anti-Arab sentiment meant to scapegoat oil-producing nations in the face of rising energy prices. Schweitzer said he was not specifically targeting just Arabs, but rather any nation that does not support "our way of life and our values." (MISSOULIAN)

GOVERNORS IN BRIEF: Governors John Baldacci (D) from MAINE and Mark Sanford (R) of SOUTH CAROLINA easily won primary victories last week. Baldacci pulled in about 75 percent of the vote, while Sanford garnered 66 percent (CONGRESSIONAL QUARTERLY [WASHINGTON D.C], GREENVILLE NEWS). * Seeking to address concerns that his state is the most obese and unhealthy in the nation, MISSISSIPI Gov. Haley Barbour (R) last week hosted a health summit that featured several state and national experts brought in to promote good nutrition and a healthy lifestyle. Barbour said he also plans a statewide program aimed at school children, state employees, church members and other groups (WASHINGTON POST). * A Des Moines Register poll last week showed that only 10 percent of IOWA residents would support Gov. Tom Vilsack (D) should he seek the Democratic Presidential nomination in 2008. Vilsack came in behind former NORTH CAROLINA Sen. John Edwards, who was favored by 30 percent of those surveyed, NEW YORK Sen. Hillary Rodham Clinton (26 percent) and MASSACHUSETTS Sen. John Kerry (12 percent), the 2004  Democratic nominee (SIOUX CITY JOURNAL). * UTAH Gov. Jon Huntsman Jr. (R) has ordered a state government services Web site that delivers information in Spanish to be shut down until his legal counsel determines if the state-run site violates the Beehive State law that makes English the official language. A decision is expected within two weeks (SALT LAKE TRIBUNE). * The RHODE ISLAND Senate matched an earlier House action and overrode Governor Don Carcieri's (R) veto of a bill taking away the governor's power to place nonbinding referendum items on the state ballot. Carcieri called the override "a desperate attempt" by lawmakers "to insulate themselves from the sound of public opinion" (PROVIDENCE JOURNAL). 
 

-- Compiled by RICH EHISEN

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Here are some of the topics you will see covered in upcoming issues of the State Net Capitol Journal:  Lou Cannon looks at the changing face  of eminent domain  Should emergency contraception  be available without a prescription? The growth of alternative fuels

 

Corrections Last week, we incorrectly reported that the LOUISIANA House rejected HB 194, a measure that granted a $1-per-hour raise to state employees working at the Pelican State minimum wage. The House in fact passed HB 194 and sent it to the Senate for review. What House lawmakers actually rejected was a proposal from Rep. Cedric Richmond (D) to expand HB 194 to include all workers currently at minimum wage, similar to Senate Bill 700. The Senate has approved that proposal and it is now under consideration in the House.  In that same issue we identified I-25 as a new toll road in OREGON. In fact, I-25 is located in COLORADO.  Many thanks to our readers who pointed these out to us. We regret the errors.

BUSINESS: A LOUISIANA Senate committee endorses HB 290, which would ensure jail time for lawyers convicted of offering potential clients money or other valuables to lure them into filing lawsuits. The penalty would also apply to "runners," who go into places lawyers are not allowed, such as hospital emergency rooms, to convince people to file those suits and to hire a specific attorney. The measure goes to the full Senate (ADVOCATE [BATON ROUGE]). * OKLAHOMA Gov. Brad Henry (D) signs HB 3004, legislation that bars the selling of violent video games to anyone under 18. The statute is scheduled to go into effect Nov. 1, but opponents have vowed to challenge the law in court (OKLAHOMAN [OKLAHOMA CITY]). * ILLINOIS Gov. Rod Blagojevich (D) signs HB 4172, which bars music groups from billing themselves as another act unless they have at least one original member of that group. The law requires all live musical performers that use the name, songs and personas of another group to advertise that their act is a salute or a tribute. Violators face fines up to $50,000 and potential financial restitution (CHICAGO  TRIBUNE). 

CRIME & PUNISHMENT: The PENNSYLVANIA House approves a measure that would force jurors to unanimously decide that a defendant convicted of murder is not mentally retarded before they could consider the death penalty. It moves to the Senate (PITTSBURGH TRIBUNE-REVIEW). * OKLAHOMA Gov. Brad Henry (D) signs legislation that makes the Sooner State the fifth in the nation to allow repeat child molesters to receive the death penalty. FLORIDA, SOUTH CAROLINA, MONTANA and LOUISIANA also allow such sentences. The OKLAHOMA law would apply to anyone convicted twice for rape, sodomy or lewd molestation of a child younger than 14 (DALLAS MORNING NEWS). * The U.S. Supreme Court unanimously rules that death-row inmates can challenge the way states perform lethal-injection executions. The court decreed that a federal judge should hear a FLORIDA inmate's claim that the lethal injection procedure the state intended to use was unconstitutional cruel and unusual punishment (LOS ANGELES TIMES). 

EDUCATION: Education officials in SOUTH CAROLINA sign off on guidelines that require biology teachers to "summarize ways that scientists use data from a variety of sources to investigate and critically analyze aspects of evolutionary theory." Observers viewed the language as a compromise between pro- and anti-evolution supporters (STATE [COLUMBIA]). * MISSOURI Gov. Matt Blunt (R) signs legislation that requires state education officials to create a "virtual school" program by July 2007. The program will allow some students to take classes from home via the Internet rather than in bricks and mortar classrooms (NEWS TRIBUNE [JEFFERSON CITY]). * KENTUCKY education officials rescind their controversial decision to add the secular B.C.E. (Before Common Era) and C.E. (Common Era) to date references in Bluegrass State education materials. Those terms would have been used alongside B.C. (Before Christ) and A.D. (anno Domini, Latin for "In the year of the Lord") (COURIER-JOURNAL [LOUISVILLE]). 

ENVIRONMENT: The U.S. Environmental Protection Agency announces it will ban azinphos methyl, a widely used pesticide, due to health risks to farm workers exposed to the chemical. The decision stems from a lawsuit brought by environmental and farm-labor groups in WASHINGTON (OREGONIAN [PORTLAND]). * LOUISIANA Gov. Kathleen Blanco (D) signs HB 645, which requires that once the production of ethanol and biodiesel in the Pelican State reaches a certain level, these fuels must make up at least 2 percent of the total gas and diesel sold in the state. There are currently no ethanol plants in LOUISIANA, and only one biodiesel manufacturer (TIMES-PICAYUNE [NEW ORLEANS]). 

HEALTH & SCIENCE: TENNESSEE Gov. Phil Bredesen (D) signs legislation that creates an optional health care plan to cover some of the estimated 600,000 Volunteer State workers that have no insurance. Under the plan, deemed Cover TENNESSEE, the state will pay one-third of the monthly premium, employers will have the option to contribute another third and employees will pay the rest. It goes into effect in 2007 (TENNESSEAN [NASHVILLE]). 

HOMELAND SECURITY: The COLORADO Supreme Court rules that a proposed initiative to eliminate state services to illegal immigrants is unconstitutional because it addresses more than one issue. The court also said the potential effects of the proposal were so broad that it could prevent illegal immigrants from taking title to property they paid for or having access to civil courts (DENVER POST). * ARIZONA Gov. Janet Napolitano (D) signs SB 1264, which creates a new state Department of Homeland Security responsible for, among other things, developing a state homeland security strategy and coordinating with other state and federal agencies on preparedness training exercises and designing regional response plans. The new agency replaces the current homeland security office that Napolitano established three years ago (ARIZONA REPUBLIC [PHOENIX]). 

SOCIAL POLICY: A federal court in CALIFORNIA rejects a lawsuit from an atheist who said having the phrase "In God We Trust" on U.S. currency violates his First Amendment rights. The judge said the minted words amount to a secular national slogan that does not constitute a violation of the plaintiff's religious views (SAN DIEGO UNION-TRIBUNE).

POTPOURRI: A LOUISIANA House committee endorses SB 607, which would make the Pelican State the first in the nation to have a hurricane evacuation plan specifically for cats and dogs. It now blows into the full House for review (ADVOCATE [BATON ROUGE]). * Still in LOUISIANA, the House votes 100-0 in favor of SB 621, which says that city, parish and state agencies are not legally liable for damages caused by buildings they own if the damages can be attributed to Hurricanes Katrina or Rita. The measure is designed to protect governments from frivolous lawsuits from people claiming they were injured or suffered storm-related damage from government-owned  structures during or in the aftermath of those hurricanes. It now heads back to the Senate (TIMES-PICAYUNE [NEW [ORLEANS]). * The DELAWARE House approves HB 256, which would require teen drivers enrolled in the state graduated license program to display an identifying sign or sticker on their vehicles. The measure would also bar teens from receiving a license until they are at least 17 and require a parent or guardian to certify that a young driver has logged at least 50 hours behind the wheel, 10 of them at night, during the first six months of supervised driving. The measure speeds off to the Senate (NEWS JOURNAL [NEW CASTLE-WILMINGTON]). * The MICHIGAN Senate approves legislation that exempts personal information about concealed weapons carriers from public exposure. If passed, the proposal would bar the name, address and birth date of an applicant for a concealed pistol license from being subject to the Freedom of Information Act, although that information still could be disclosed for law enforcement purposes. It fires back to the House, where it was approved 104-0 in May (LANSING STATE JOURNAL).
 

-- Compiled by RICH EHISEN

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Once around the statehouse lightly

BUSHLANDIA: It's a shrinking part of the American landscape, this Bushlandia, but it now sports a bona fide leader -- IDAHO Gov. Jim Risch -- so designated by the British daily, The Guardian. Bushlandia is defined, notes the Idaho Statesman, as those dogged states where the president still enjoys an approval rating north of 50 percent. In addition to the Gem State, that would be UTAH and WYOMING. Risch, in office all of two weeks after former Gov. Dick Kempthorne was named Secy. of the Interior, was dubbed chief of Bushlandia after waxing enthusiastic for the prez in an interview with the British paper. The paper did not return the favor, characterizing Idaho as "redneck country, famous only for its potato industry and its white supremacists." 

IN SEARCH OF AN IDENTITY: The Cornhusker State is at it again, rummaging for a slogan that best typifies an endless tract of prairie with few natural -- or man-made, for that matter -- attractions. As the Lincoln Journal Star reports, NEBRASKA recently hired an ad agency to design an image that goes beyond "pit stop on I-80." To kick start the effort, the agency sent out hundreds of letters and emails to folks around the country, asking for impressions of Nebraska. The agency then built its campaign around the response -- graveyard silence. "Possibilities...Endless" is the new catchphrase, which leaves the heavy lifting to the listener. It is the state's 10th slogan since 1972, joining, among others, "Nebraska...the Good Life," "My Choice, Nebraska," "Come See What We're Up to Now," "Genuine Nebraska" and "America's Frontier."

HENRY WHO? New standards for teaching history in MICHIGAN high schools are about to be approved by the State Board of Education, but some citizens are a bit curious -- and more than a little offended -- with the substance of those standards. That's because, reports the Detroit News, the content seems to omit large chunks of the 20th Century, which is unfortunate since high school history classes begin with the year 1890. For instance, there is no mention of either Pres. Roosevelt. No mention of the Spanish-American War. No mention of Watergate or the Holocaust. No mention of John F. Kennedy or Ronald Reagan. No mention of September 11. Worst of all, for MICHIGAN, is the lack of any reference to Henry Ford. A former member of the state Board of Education has joined social studies directors to write a letter of protest to the Board. Ford himself would be amused, given that he once denounced history as "bunk."

WILL YOU PLEASE READ THE BILL? That would be a germane question to have asked last week in the LOUISIANA House, reports the Advocate, after lawmakers spent more than an hour debating an issue that had nothing to do with a bill before them. The bill -- SB 129 -- would have shortened prison sentences for inmates who demonstrated good behavior over a long period of time. The measure was aimed at those convicted of non-violent crimes. The debate, of course, focused on violent criminals.

HEADY DEBATE: A thousand helmetless knuckleheads can splatter themselves along roadways after having crashed a motorcycle, and the world will barely notice. Not so when one of the splatterees is a Super Bowl champion. And so last week's crash and injury involving Pittsburgh Steelers' quarterback Ben Roethlisberger has revived notions that PENNSYLVANIA ought to impose a helmet law on all motorcyclists (it currently applies only to those under age 21). According to the Philadelphia Inquirer, the 24-year-old Roethlisberger was tossed head-first into the windshield of a car, rendering him even more senseless than when he mounted his cycle without a helmet. The accident -- to this particular cyclist -- will give "the issue a lot of attention," says a legislative aide. Apparently a 31 percent rise in motorcycle fatalities since the 2003 repeal of Pennsylvania's mandatory helmet law has not drawn sufficient attention to the issue. Roethlisberger, who suffered a broken jaw and other injuries, is expected to recover. 
 

-- By A.G. BLOCK

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Editor: Rich Ehisen
Associate Editor: Korey Clark
Contributing Editor: A.G. Block
Editorial Advisor: Lou Cannon
Correspondents:  Jeff Kinnison (CA), Steve Karas (CA), 
Bruce McKeeman (CA), Linda Mendenhall (IL), 
Lauren King (MA) and Ben Livingood (PA)
Design: Richard Hansen 

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ISSN: 1521-8449