State Net Capitol Journal - News and View from the 50 States
Volume XVII, No. 24
August 10, 2009
HEADLINE: The New Connectivity
Budget & taxes
Mixed financial news for states
Politics & leadership
NV lawmakers keep gov under thumb
Governors
Corzine inks anti-corruption order
The next issue of Capitol Journal will be available on August 17th.
TOP STORY
 
Social networking sites like Facebook and Twitter are all the rage with lawmakers these days. But some lawmakers are asking, "What's the rush?"
SNCJ Spotlight
 
Lawmakers learning the pros and cons of social networking craze
 
Without question, social networking sites like Twitter, Facebook and MySpace have become a major part of today's political landscape. Spurred in part by the successful use of those mediums by Barack Obama in last fall's historic presidential election, lawmakers and government officials across the nation are now turning en masse to these and other "Web 2.0" social networking sites to communicate with their constituents. But while many political observers sing this trend's praises, not everyone is sold just yet.
 
Social networking sites have come a long way since arriving on the scene more than a decade ago. Once primarily the domain of college students, sites like MySpace and Facebook — which allow users to create a personal Web page that they can then connect to those of approved "friends" and "fans" — are growing exponentially in popularity among adults. According to the Web site InsideFacebook.com, there are now more than 70 million Facebook users in the U.S. alone, and over 200 million worldwide. While those age 18-25 still represent the largest single demographic (30 percent), users 26 and over now comprise fully twice that number, 60 percent, while 36 percent are over age 35. In all, the number of Facebook users over 45 has grown by 7.7 million since January. 
 
Although MySpace has a similar number of total users, Facebook and Twitter — a "micro-blogging" site that allows users to send out messages of no more than 140 characters at a time — are clearly the social networking sites of choice for lawmakers. According to the National Conference of State Legislatures (NCSL), 23 state legislative caucuses have a Facebook page, while only the ILLINOIS Senate Democrats have a MySpace page (Prairie State Dems actually have both). Legislative bodies have also shown a strong affinity for Twitter, with NCSL reporting that at least 20 caucuses are "tweeting" messages to their followers. Other social networking options growing in popularity include video and photo-posting sites like YouTube, Flickr and Picasa, among several others. 
 
Dramatic growth has also been seen among individual lawmakers, with hundreds now possessing their own pages. For Web 2.0 advocate Ric Cantrell, chief deputy of the UTAH Senate, the avalanche of lawmakers getting into social networking comes not a moment too soon. In an interview, Cantrell told SNCJ that lawmakers everywhere have grown increasingly estranged from their constituents, which he says masks the reality that legislators "really are good people trying to solve problems." In that regard, Cantrell believes social networking sites provide something critically important in modern society: an easy way for citizens to directly connect with the people they have sent to the statehouse to represent them. 
 
"There simply is no better tool than Facebook for humanizing lawmakers," Cantrell says. "In a time when legislators are increasingly seen as caricatures of real people, not using these tools really does border on political malpractice." 
 
He concedes, however, that their ultimate value is in how they are used. 
 
"The same thing that makes you interesting at a neighborhood barbecue will make you interesting on Facebook," Cantrell says. "Be friendly and informed. Talk with people. Be part of a community. Whatever you do, just be a human being and not the two-dimensional stereotype of a politician." 
 
He also notes that the political benefits of Facebook, YouTube or Twitter go well beyond the humanizing of lawmakers. These mediums also offer a way for lawmakers to reach people with an unfiltered message in real time, one that allows lawmakers' words to be absorbed in the context they are given rather than as just another TV sound bite or snippet of a quote in a newspaper. Cantrell in fact believes so strongly in the impact social networking can have on citizen participation in the political process, he equates it to nothing less than an opportunity "to re-win the American revolution." 
 
That may or not be true, but the growing importance of social networking for lawmakers has definitely not been lost on the NCSL, which held three seminars on the topic during its annual meeting in Philadelphia in July. These included a session that walked lawmakers through the process of setting up their own Facebook page. All three sessions drew a large cross-section of participants, from those who already had blogs or Facebook pages to a plethora of those considering jumping into the fray for the first time. Most were enthusiastic. Others, such as MARYLAND Sen. Jennie Forehand (D), expressed serious concerns. 
 
"There is not enough hours in the day to respond to all of the e-mails and other correspondence we already receive on a daily basis," says Forehand, who attended two of the three seminars. "As a lawmaker, I want to carefully review all of the correspondence I receive and respond thoughtfully and carefully. So until I find four or five more hours a day, I will have to be very cautious about this." 
 
Forehand also worries about big issues like privacy, and even those that some people might think are inconsequential, like whether she may hurt someone's feelings if she rejects their "friend" request. "I'm just concerned this could get down to the junior high level," she says. 
 
Overload is also a concern for MASSACHUSETTS Rep. Mark Falzone (D), who has a Facebook page. "There are times it can seem overwhelming," Falzone says. "But people like to talk through different media. In the end, Facebook is just another tool for us to communicate with people." The bigger problem, he says, is overcoming the "false sense of immediacy" that some new media users bring into the communication process. He does not, however, share Forehand's concern over hurt feelings. 
 
"The key with Facebook is filtering out the stuff that isn't coming from your constituents," Falzone says, noting that his staff processes letters, e-mail and Facebook messages all the same, with constituents from within his district getting top priority for response. He notes that mass messages, regardless of the format they come in, rarely get through to him. 
 
"The truth is, most lawmakers ignore mass e-mails and similar messages," he says. 
 
Barbara O'Connor, a CALIFORNIA State University Sacramento professor and the director of the university's Institute for the Study of Politics and Media, says lawmakers and other government officials should heed that advice when it comes to their own messages and postings. 
 
"Early adapters used Facebook and Twitter as it was intended, which was as a social networking tool," she says. "Many of the later adapters have handed these tools off to their consultants, who then use them as a burst event announcer. It's like telemarketing, and it really stinks." 
 
O'Connor says she has begun to "de-friend" even close associates from across the political spectrum who "bury me with press releases or other political SPAM." 
 
CALIFORNIA Assemblyman Roger Niello, a Republican, understands O'Connor's frustration. Niello, who has both Facebook and Twitter accounts, says he is always mindful of what people do and don't expect in digital interactions with him. He says that people who want more traditional political information can sign up for his e-mail newsletter through his legislative Web site. 
 
"When you friend someone on Facebook, you're looking for a personal connection to that person," he says. "You're not looking for me to use it as a personal marketing tool." 
 
Other pitfalls remain as well. Social networking sites can be addictive time consumers, particularly to new users. This often does not play well in a work setting. A recent report by the MASSACHUSETTS-based Nucleus Research Inc., for instance, showed that over 60 percent of workers accessed their Facebook pages at work and that one in 33 had built their entire profile during working hours. The study further noted that the average company which allows workers to access Facebook loses 1.5 percent of total employee productivity. While that figure is far from astounding, it does illustrate the potential for some observers to view social networking in a negative light. 
 
New users must also understand the rapidly evolving nature of technology, says Meagan Doersch, Media and Public Affairs manager for NCSL. "What is new today could be completely obsolete by tomorrow," she says. "Because of that, it may not be for everyone. You really must choose your own comfort level." 
 
But neither these nor other yet to be discovered drawbacks cause much worry for UTAH's Cantrell, who says that the benefits of lawmakers using social networking sites far outweigh the drawbacks. 
 
"You have to believe down to the core of your heart and soul that citizens have a critical role in government," he says. "If you do, these tools are indispensable."
— By RICH EHISEN
The Week in Session
 
States in Regular Session: MI(House), NC, PA, US(Senate) 
 
States in Recess: CA, DC, MI(Senate), NJ, NY, PR, US(House), WI 
 
States in Special Session: AK "a", AZ "c" 
 
Special Sessions in Recess: CA "c", CT "b", DE "a" 
 
States in Informal Session: MA 
 
States in Skeleton Session: OH 
 
States Currently Prefiling or Drafting for 2010: AL, FL, KY 
 
States Projected to Adjourn: NC 
 
States in Special Session Projected to Adjourn: AK "a" 
 
States Adjourned in 2009: AK, AL, AR, AZ, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN, KS, KY, LA, MD, ME, MN, MO, MS, MT, ND, NE, NH, NM, NV, OK, OR, RI, SC, SD, TN, TX, UT, VA, VT, WA, WV, WY 
 
State Special Sessions Adjourned in 2009: AZ "a", AZ "b", CA "a", CA "b", CT "a", CT "c", FL "a", IL "a", IL "b", IN "a", KY "a", MS "a", MS "b", MS "c", NV "a", NY "a-o", TX "a", UT "a", VT "a", WI "a", WV "a", WV "b" 
 
Letters indicate special/extraordinary sessions 
 
— Compiled By JAMES ROSS
(session information current as of 08/07/2009)
Source: State Net database
Bird’s eye view
 
States vary on moonlighting policy for lawmakers
 
Graphic for Bird’s Eye View article States hold differing views on whether allowing legislators to hold second jobs in government service is a problem. Nine ban legislators from holding any other state or local government job, two forbid legislators from working a second job at the state level, and four limit legislators' outside work to jobs in public schools. But seven states allow lawmakers to hold state or local government jobs as long as they aren't paid for that work, six allow lawmakers to hold government jobs if they don't conflict with their legislative duties, and 20 impose no restrictions on such moonlighting at all.
U.S.A. map for Bird’s Eye View article
Budget & taxes
 

MIXED FINANCIAL NEWS FOR STATES: The flood of federal stimulus dollars into state and local governments offset their sharp drop in tax collections over the past few months, according to government data released last week. The Bureau of Economic Analysis reported that stimulus money, which has displaced sales and property taxes as the No. 1 source of revenue for state and local governments, lifted total revenues 7.5 percent in the second quarter, countering an 8 percent drop in tax collections. Stimulus cash also helped reverse a six month downward trend in state and local government spending, pushing expenditures up 4.8 percent. 
 
"The money has caused a very sharp change in the path of the economy, which had been in steep decline," said Chad Stone, chief economist at the left-leaning Center on Budget and Policy Priorities. 
 
But the Washington, D.C.-based think tank also delivered some negative state budget news last week, reporting that just two weeks into the new fiscal year, new shortfalls totaling $24 billion have opened up in the adopted 2010 budgets of 12 states: CALIFORNIA, COLORADO, GEORGIA, HAWAII, KANSAS, KENTUCKY, MARYLAND, NEW MEXICO, UTAH, VIRGINIA, WASHINGTON and WYOMING. 
 
And Joseph Henchman of the conservative Tax Foundation said with state revenues unlikely to bounce back quickly even if the recession ends soon, "I think we are more likely to see some broad-based tax increases" in the coming months. (USA TODAY, WALL STREET JOURNAL, CENTER ON BUDGET AND POLICY PRIORITIES) 
 
BUDGETS IN BRIEF: While the federal deficit has ballooned to a record $1.7 trillion this year, federal tax revenues have dropped nearly 18 percent, the biggest single-year decline since the Great Depression. In addition to declines in individual and corporate income tax receipts of 22 percent and 57 percent, respectively, Social Security tax receipts could drop for the second time since 1940, and Medicare taxes could drop for just the third time ever (MSNBC.COM). • In their increasingly desperate search for additional revenue, states across the nation are embracing the idea of making prison inmates pay their debt to society in cold, hard cash as well as hard time. For instance, NEW YORK Assemblyman James Tedisco (R) introduced a bill this session that would charge wealthy inmates $90 a day for room and board, and officials in Des Moines County, IOWA considered charging prisoners for toilet paper (ASSOCIATED PRESS, BLOOMINGTON PANTAGRAPH). • VIRGINIA Gov. Timothy M. Kaine (D) said last week that state agencies will have to cut $700 million to $1.5 billion more this year. He's requested proposals for cuts of up to 15 percent and will announce the specific trims by Labor Day (WASHINGTON POST). • PENNSYLVANIA Gov. Ed Rendell (D) has signed what he called a "bridge" budget to fund general government operations and health and safety activities while a six-member House-Senate conference committee tries to resolve a weeks-long budget impasse. The bridge budget is the skeletal remains of a spending plan advanced by Senate Republicans, which Rendell drastically trimmed using his line-item veto authority. He hopes its lack of funding for education and aid to local governments, among other things, will exert pressure for legislative action on a full budget (STATE NET). • Top House Democrats in PENNSYLVANIA publicly acknowledged last week that Rendell's controversial proposal to increase the state's personal income tax rate from 3.07 percent to 3.57 percent for three years was dead. The tax plan has been the central sticking point in budget negotiations (PHILADELPHIA INQUIRER). • The administration of HAWAII Gov. Linda Lingle (R) delivered formal layoff notices last week to about 1,100 state workers who will lose their jobs in November because of the state's budget deficit. Lingle suggested additional layoffs might be necessary (HONOLULU ADVERTISER). • NEW YORK Gov. David Paterson (D) signed legislation authorizing extensions of several counties' sales tax rates, mortgage recording taxes, and other local initiatives (POUGHKEEPSIE JOURNAL). • A federal judge denied an emergency request from DELAWARE's professional sports leagues and the National Collegiate Athletic Association to stop the state from launching sports betting at its three racinos while a lawsuit challenging the legality of that heads toward a December trial (NEWS JOURNAL [NEW CASTLE-WILMINGTON]).
— Compiled by KOREY CLARK
Politics & leadership
 

NV LAWMAKERS KEEP GOV UNDER THUMB: During its regular session, which ended June 1, NEVADA's Democrat-controlled Legislature was assertive in its dealings with Republican Gov. Jim Gibbons, overhauling the budget he proposed and then overriding his veto of its own spending and tax plans. Last week, lawmakers made it clear the governor wouldn't have it any easier just because the regular session is over. 
 
During a meeting of the Legislature's Interim Finance Committee, lawmakers first questioned Gibbons' request to add 10 positions to oversee the spending of stimulus money earmarked for energy, forcing him to pare down that number to three. Then they denied his request to create a new Cabinet-level "stimulus coordinator" position, placing the job under the supervision of the state Controller instead. Finally they rejected his plan to spend $10.5 million of the stimulus on home weatherization, maintaining that more money needed to be directed to contractors than Gibbons had proposed. 
 
Gibbons slammed the Democrats for their actions. 
 
"They stuck their partisan political noses in the middle of it and screwed everything up," he said. "It's an absolute outrage." 
 
But Democratic lawmakers said their actions had less to do with partisan politics than with their lack of confidence in the first-term governor. 
 
"There is very little trust in his judgment, his ability and his appointments," said Assemblywoman Sheila Leslie (D). "This is a consequence of his actions during the session, when he completely disengaged. We don't have confidence in him." 
 
Leslie added that under a different Republican chief executive, like former Gov. Kenny Guinn, the Legislature wouldn't need to get so involved. 
 
"If this was Guinn, this would not be happening," she said. 
 
Observers say there are other reasons for legislators' increased activism, such as the fact that until last year, control of the Legislature was divided — with Republicans holding a majority in the Senate and Democrats having the edge in the Assembly — often leading to compromises. With Democrats now controlling both houses, there's little incentive for compromise. 
 
Another contributing factor is that there's a lot to fight over. A billion and a half federal stimulus dollars are headed NEVADA's way, a windfall for a state with very little money to spend right now. 
 
"We've never gotten into this much detail," said Sen. Randolph Townsend (R), "but we've never seen these billions flying into the state." (LAS VEGAS SUN) 
 
RECESSION EASY ON MID-ATLANTIC LOBBYISTS: Few industries have gotten through the last year and a half without taking a big financial hit. But one that appears to have done just that is statehouse lobbying, at least in a pair of Mid-Atlantic states. 
 
Lobbyists in MARYLAND's capital made $24.7 million during the six-month period that included the state's 90-day legislative session, according to official figures. Although that's about $400,000 less than they made over the same period last year, Annapolis was considerably busier then, with a high-stakes special session in which lawmakers raised taxes and legalized slot machine gambling. Moreover, six of MARYLAND's top 10 lobbyists actually earned more than they did last year. 
 
Lobbyists in VIRGINIA, likewise, say they didn't notice much of a drop off in activity this session, which featured tough battles over a ban on smoking in restaurants and regulation of payday lenders and energy companies. 
 
"I'm not aware of any dilution," said Charles J. Davis III, a Richmond lobbyist whose clients include tobacco companies. "In fact, it wouldn't surprise me if it's gone up some." 
 
Several lobbyists said that while overall spending may have been relatively steady, some lobbyists and clients experienced ups and downs. 
 
"A couple of clients have had to cut back, while at the same time, we have also been fortunate enough to be retained by some new clients who had legislative needs, both related and unrelated to the budget," said Joel D. Rozner, the highest-earning lobbyist in Annapolis. 
 
One of those new clients was FedEx, which paid Rozner $67,913 to fight a bill dealing with the classification of workers as independent contractors. 
 
But even some businesses and nonprofit groups that have been forced to make deep cost cuts haven't let go of their hired help in the state capitols. For instance, MARYLAND's State Medical Society, the largest organization representing doctors there, has had to lay off staff members and scale back social and networking events significantly. But the organization spent $314,146 on lobbying in the six-month period that ended in April, nearly $20,000 more than it spent the year before. And it maintains that such spending is more important now than ever. 
 
"You need to be adequately represented when money is tight and the decisions are tougher," said Gene M. Ransom III, the organization's chief executive. "Advocacy is too important to cut." (WASHINGTON POST) 
 
CA VOTERS SHIFTING LEFT: A significant rise in the number of independent voters in CALIFORNIA over the past three decades — from 7.8 percent in 1978 to about 20 percent this year — has fueled a liberal shift on hot-button issues such as same-sex marriage and abortion, according to a Field Poll survey released last week. 
 
According to the poll, 49 percent of registered voters now approve of allowing same-sex marriages, compared to 31 percent in 1977. Likewise, 70 percent of voters approved of allowing abortion in 2006, compared with 51 percent in 1975. 
 
Conservative voters, meanwhile, have been moving in the opposite direction, hardening their stance in opposition to same-sex marriage and assisted suicide over the past 30 years. 
 
The opposing trends have favored Democratic candidates who've been able to pick up crucial swing votes from independents in close elections, said Mark DiCamillo, director of the non-partisan Field Poll. 
 
"What you're seeing on a number of social issues is CALIFORNIA voters have become more accepting and tolerant," DiCamillo said. "Republicans are not moving and hold the same opinion as 30 years ago. That may be one of the problems the party faces." (SACRAMENTO BEE) 
 
POLITICS IN BRIEF: Backers of a referendum to repeal the final piece of WASHINGTON's domestic-partnership law gathered enough signatures to qualify the measure for the November ballot. Under Senate Bill 5688 — initially dubbed the everything-but-marriage bill — passed by the Legislature in April, the state's 2007 domestic-partnership law was expanded to grant domestic partners all of the remaining protections enjoyed only by married couples, including the right to adopt a partner's child without paying for a home study and the right to use sick leave to care for a partner (SEATTLE TIMES).
— Compiled by KOREY CLARK
Upcoming Elections
(08/06/2009 - 08/27/2009)

08/18/2009
Alabama Special Election
Senate District 19

08/25/2009
Florida Special Primary
House District 84

Kentucky Special Election
Senate District 18
Governors

CORZINE INKS ANTI-CORRUPTION ORDER: Responding to a massive FBI sting that has ensnared more than a half dozen elected officials in a global corruption scandal, NEW JERSEY Gov. Jon Corzine (D) moved last week to force one of the accused, Ridgefield mayor Anthony Suarez, from office. 
 
Corzine's Executive Order No. 148 freezes state development approvals in areas where a sitting mayor has been charged with public corruption but refuses to step down. The order further directs state departments and authorities to review all development projects in those locales. Although it doesn't specifically mention Suarez, who is charged with accepting a $10,000 bribe from an FBI informant posing as a developer, the order came just one day after the mayor said he would fight the charges and not resign his position.  
 
The order won't impact the towns of Secaucus and Hoboken, whose mayors were also caught in the scandal and stepped down more than a week ago. It will, however, ramp up the pressure on Carlstadt mayor William Roseman, who remains in office three months after he was charged with official misconduct, conspiracy and theft by deception in a separate case. Roseman is accused of allowing his former wife to stay on the town's health and prescription drug plans after the coupled divorced nine years ago. 
 
"We will not tolerate any impropriety, or even the appearance of impropriety, regarding the conduct of elected officials in NEW JERSEY," Corzine said in a statement regarding the order, adding that "If officials under this cloud refuse to do the responsible thing and resign, then we must take action to protect responsible government and the best interests of taxpayers." But Democrats and Republicans alike immediately accused Corzine, who is trailing GOP gubernatorial challenger Chris Christie by double digits in his bid for re-election, of using the situation to boost his own political fortunes.  
 
"The (Republican) mayor of Carlstadt was indicted, and it didn't bother Jon Corzine in the least," said Stephen Pellino, leader of the local Democratic Party in Ridgefield. "He never called for a takeover. He never called for a resignation. But in Ridgefield, it becomes politically expedient because Suarez is a Democrat, and the governor believes he's being tainted. He's hurting the people of Ridgefield in the process." 
 
Christie was careful not to appear to be making his own political hay, but still accused Corzine of acting out of self interest. "I unfortunately think it's a bit of grandstanding, but if he wants to grandstand a tragedy in NEW JERSEY, I guess that's his choice," Christie said.  
 
William Dressel, executive director of the NEW JERSEY League of Municipalities, also voiced concern over the order, questioning the impact it could have on legitimate projects, noting "non-tainted projects should go through. We don't want to penalize everyone for projects that have been done legitimately."  
 
Suarez also remained defiant after the order, saying "I'm still able to do the things I want to do as the mayor of Ridgefield." (STAR-LEDGER [NEWARK], PHILADELPHIA INQUIRER) 
 
AK AG MULLS ETHICS OVERHAUL: New ALASKA Attorney General Dan Sullivan (R) said last week that the state Executive Branch Ethics Act needs to be reformed in order to prevent bad-faith misuse of the process. In a 19-page opinion, Sullivan advocated for several reforms, including no longer giving interim reports from investigators to people who bring complaints and allowing the state to cover legal bills for public officials who are exonerated. Sullivan also suggested charging the cost of "bad faith" ethics complaints to the people who file them, and barring those people from filing any future complaints. Sullivan's opinion comes in the wake of the resignation of former Gov. Sarah Palin (R), who was the subject of numerous ethics complaints during her two-plus years in office. Senate Judiciary Committee Chairman Hollis French (D) and House counterpart Jay Ramras (R) were both lukewarm to the idea. French called complaining about government behavior a "bedrock principle," while Ramras called it "premature and a reaction to a sensational circumstance." (ANCHORAGE DAILY NEWS) 
 
GOVERNORS IN BRIEF: Calling his state's 46 percent high school dropout rate "unacceptable," NEW MEXICO Gov. Bill Richardson (D) introduced a plan for the state to partner with local community groups to get as many as 10,000 high school dropouts back into school. It was the first of what is expected to be a package of eight proposals over the next six weeks aimed at decreasing the state's high school dropout rate. Richardson said the project will be funded by $9 million in federal stimulus money (ASSOCIATED PRESS, SANTA FE NEW MEXICAN). • GEORGIA Gov. Sonny Perdue (R) called on Congress to establish a national water policy, saying a recent federal court ruling that limits the Peach State's ability to draw water from Lake Lanier may ultimately play out in as many as 17 other states with similar water supply issues. The ruling is the latest round in what has been a 20-year fight over water rights between GEORGIA, ALABAMA and FLORIDA. Perdue vowed to fight to overturn the ruling (ATLANTA JOURNAL-CONSTITUTION). • MASSACHUSETTS Gov. Deval Patrick (D) is scheduled to undergo hip replacement surgery next month. Patrick said he expects to be off from work for only about 48 hours after the surgery and will quickly resume his official duties by working from home. Lieutenant Governor Timothy Murray (D) will serve in his place while Patrick is out (BOSTON GLOBE). • KANSAS Gov. Mark Parkinson (D) reiterated his opposition to the possibility that the Obama administration will relocate suspected terrorists from Guantanamo Bay, Cuba, to Fort Leavenworth. MICHIGAN Gov. Jennifer Granholm (D) voiced similar concerns, saying she preferred her state continue working with CALIFORNIA officials to house Golden State inmates rather than import terrorist detainees from Cuba (TOPEKA CAPITAL-JOURNAL, DETROIT FREE PRESS). • UTAH Lt. Gov. Gary Herbert (R) named Senate Assistant Majority Whip Greg Bell (R) to succeed him as lieutenant governor once current Gov. Jon Huntsman (R) is confirmed as the U.S. ambassador to China and Herbert is sworn in as the Beehive State's top executive (SALT LAKE TRIBUNE).
— 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: 
 
- Pay to play 
 
- Alternative energy 
 
- State budgets 
 
Hot issues

BUSINESS: The CALIFORNIA Supreme Court rules that employers may use hidden cameras to record events in the workplace as long as the surveillance is limited and conducted for legitimate purposes. The decision came in the case of a company that used hidden video cameras in an attempt to catch someone using a company computer late at night to download pornography. Workers filed suit to stop the practice, but the court said such surveillance is not harmful because it does not "egregiously harm" any employees (LOS ANGELES TIMES).  
 
CRIME & PUNISHMENT: A federal court orders CALIFORNIA corrections officials to reduce the state's prison population by 40,591 inmates over the next two years. The three-judge panel noted that the Golden State currently has 150,000 inmates, almost twice the capacity of the facilities they are held in. The court said the overcrowding has resulted in an unconstitutional level of medical and mental health care. State officials said they will consider an appeal to the U.S. Supreme Court (SACRAMENTO BEE). • NEW HAMPSHIRE Gov. John Lynch (D) vetoes HB 655, which would have allowed judges to serve beyond the state constitution's mandatory retirement age of 70. Lynch said the constitution already allows judges to serve past 70 in a limited capacity, and the measure broadens that role too much (CONCORD MONITOR). • ILLINOIS Gov. Pat Quinn (D) signs SB 62, which bars sex offenders from working on vehicles that sell food or beverages, such as ice cream trucks. The measure also prohibits offenders from operating an emergency vehicle (CHICAGO TRIBUNE). • NEW JERSEY Gov. Jon Corzine (D) signs AB 339, which prohibits Garden State residents from purchasing more than one handgun within a 30-day period. The bill also bars gun sellers from "knowingly delivering" more than one firearm per 30-day period. Violators would face a $10,000 penalty (STAR-LEDGER [NEWARK]). • The NORTH CAROLINA House approves SB 167, a bill that bars Tar Heel State inmates or prison employees from possessing tobacco or a cell phone while on prison grounds. It returns to the Senate (NEWS & OBSERVER [RALEIGH]). 
 
EDUCATION: Federal officials announce an agreement with University of CALIFORNIA officials to close a wording loophole that unintentionally barred Golden State military veterans who attend private colleges or graduate school from receiving financial support through the Post 9/11 GI Bill. Under the previous policy, veterans could only receive financial help with "tuition," different from the Golden State's public colleges and universities, which technically charge students "fees." The agreement was reached after the UC system said it would now use the "tuition" nomenclature (SAN FRANCISCO CHRONICLE).  
 
ENVIRONMENT: The NORTH CAROLINA House and Senate each approve SB 1067, a proposal to create a state local-food advisory board tasked with studying how to increase the production and use of local, sustainably-grown foods in the Tar Heel State. Local food would be defined as that grown in-state, with sustainably-grown defined as the product of farming that enhances the environment, sustains the economic viability of the farm and improves the quality of life for both farmer and society. The measure moves to Gov. Bev Perdue (D) for review (NEWS & OBSERVER [RALEIGH]). • CALIFORNIA officials announce the nation's first state-level plan to "adapt" to global climate change. The plan includes, among other things, strategies to deal with threats in seven sectors, from firefighting to public health and water conservation (LOS ANGELES TIMES). • Still in CALIFORNIA, environmental officials designate 85 square miles of Golden State coastal waters as a network of 22 marine preserves where fishing is either banned or greatly restricted. The plan goes into effect Jan. 1 (SAN FRANCISCO CHRONICLE).  
 
POTPOURRI: NEW HAMPSHIRE Gov. John Lynch (D) signs legislation that bans drivers from text messaging while behind the wheel. The Granite State becomes the 16th to bar drivers from sending cell phone text messages. The law, which also bars drivers from using two hands to operate a phone or other electronic device, allows motorists to dial a number on their cell phone while operating the vehicle. The measure takes effect January 1 (FOSTER'S DAILY DEMOCRAT [DOVER]). • ILLINOIS Gov. Pat Quinn (D) signs HB 71, which bans Prairie State drivers from sending or receiving text messages, or from surfing the Internet while behind the wheel (CHICAGO TRIBUNE). • Still in ILLINOIS, Quinn also signs HB 72, which bars the use of cell phones while driving in a school zone or in a highway construction zone. The measure exempts those using a hands-free device or calls made to report an emergency (STATE JOURNAL-REGISTER [SPRINGFIELD]).
— 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: 77 
 
Number of Intros last week: 415 
 
Number of Enacted/Adopted last week: 412 
 
Number of Prefiles to date: 32,988 
 
Number of Intros to date: 148,182 
 
Number of 2009 Session Enacted/Adopted overall to date: 36,414 
 
— Compiled By JAMES ROSS
(measures current as of 08/06/2009)
Source: State Net database
Once around the statehouse lightly

DEJA VU ALL OVER AGAIN AND AGAIN: When KENTUCKY Gov. Steve Beshear signs a bill, he likes to be sure it is really, truly and completely signed. In that regard, the gov is definitely on track with House Bill 3. As the Cincinnati Enquirer reports, Beshear has inked his name to that measure at least seven times so far, including once again last week. His rationale? The bill covers a wide range of things, from economic development tax incentives to legalizing slot machines at race tracks, and he wants to be sure "we are educating the folks as to what we've done." The Bluegrass State GOP, however, grumps that Beshear, a Democrat, is simply doing an extended bit of self promotion, all on the state nickel. They might want to gird up: the Enquirer says Beshear has at least two more signings in the works. 
 
LOOSE LIPS sink ships, and they may also shoot a hole in KENTUCKY Attorney General Jack Conway's bid for the U.S. Senate. As the USA Today reports, Conway wowed the crowd in the wrong way last week when he swore twice during the annual Fancy Farm Picnic, a fundraiser for the St. Jerome Catholic Church and the state's traditional venue for kicking off such campaigns. Conway's departures from the King's English drew an audible response from the crowd, particularly the bit where he referred to himself as "one tough son of a b—-." He then exacerbated the matter by saying he was only quoting former U.S. Sen. Wendell Ford, a claim he later admitted was incorrect. Conway spent the rest of the week apologizing, first to St. Jerome's and then to Ford. The church said it will formally bar candidates from swearing during future events.  
 
A LUSTY PROPOSITION: Don't look now, but a lot of federal stimulus money is being spent on LUST these days. Hold your horses: we're not talking about yet another lawmaker's illicit entanglement with an intern. Rather, as the New York Times reports, this LUST refers only to the Leaking Underground Storage Tanks program in the federal American Relief and Recovery Act. The measure does, however, promise penalties for states that do not spend their portion of the $200 million allotment quickly enough, officially dubbed a "failure to perform." We're sensing a theme here.  
 
A BET'S A BET: Or is it? When LSU met up with the University of Texas in the College Baseball World Series a few months back, LOUISIANA Gov. Bobby Jindal was pretty confident the Tigers would walk away with the crown. Not surprisingly, TEXAS Gov. Rick Perry felt his Longhorns couldn't be beat. As govs are wont to do, the two govs made a friendly wager: a tray of Pelican State seafood if the Longhorns prevailed vs. some authentic Lone Star State barbecue if the Tigers came out on top. Jindal won the bet, but as the New Orleans Times-Picayune reports, it is six weeks down the road and he has yet to collect his feast. Perry's office says they are still "working out the details" but promises both to pay up soon and that it will be worth the wait.
— By RICH EHISEN
In Case You Missed It

NEW JERSEY has long lived with the reputation as a state rife with political corruption. But a recent FBI sting that stretched from the Garden State all the way to Switzerland is shocking even by that standard. In case you missed it, the article can be found on our Web site at http://www.statenet.com/capitol_journal/08-03-2009/html
Credits
 
Editor: Rich Ehisen
Associate Editor: Korey Clark
Contributing Editor: Cynthia McKeeman 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
Interns: Dina Morcos
A Publication of State Net ®, A LexisNexis ® Company