State Net Capitol Journal -- News & Views from the 50 States
 
 
 Volume XIV, No. 25
August 21, 2006
 
States saving up

BUDGET & TAXES
Partisan pension politics

POLITICS & LEADERSHIP
Secretary of state races ones to watch in '06

GOVERNORS
Murkowski fading fast 
 

The week in session
Hot issues
Bird's eye view
Upcoming elections
In the hopper
In case you missed it
Once around

 
TOP STORY

States got a whopping -- and unexpected -- boost this fiscal year, with coffers up nearly 25 percent from 2005. Many states have pumped the extra cash into their rainy day funds, and they may soon be glad they did. 
 

SNCJ Spotlight

States' fiscal health even better than expected

Thanks largely to strong revenue growth, most states ended fiscal year 2005 with money in their coffers for a change. So, budgets for FY 2006 -- which ended June 30, for all but a few states -- were expected to be in reasonably good shape, even though revenue growth was projected to decline substantially. It didn't, however. In fact, the growth rate remained fairly steady, helping states to amass one of the largest cumulative year-end balances in decades.

 
That news came in a report released last week by the National Conference of State Legislatures, entitled "State Budget and Tax Actions 2006: Preliminary Report." The report was based on budget data provided by 49 states (ILLINOIS was the sole holdout) and tax data from all but six states (ALASKA, HAWAII, IDAHO, MASSACHUSETTS, NEW YORK and NORTH CAROLINA).
According to that report, between FY 2004 and FY 2005, state revenues grew a robust 8.8 percent. But, ever the optimists, forecasters predicted that revenues would grow only 2.7 percent in FY 2006. The actual rate ended up being 7.7 percent.

States' year-end balances -- which the report states are "widely considered one of the best indicators of state fiscal health" -- rose commensurately, from a combined total of $45.8 billion in FY 2005 to $57.1 billion in FY 2006, an increase of nearly 25 percent. That sum constitutes 10.2 percent of states' total general fund spending, which, to put it more simply, means state governments managed to hold on to about $1 for every $10 they spent.

Even on closer examination, there doesn't appear to have been any major budget ailments in FY 2006. Twenty-eight states finished the year with higher balances than they'd had in FY 2005. And in seven of those states, the balances increased by more than 5 percentage points. Year-end balances did decline in 19 states, but in five of them, the drop was less than a percentage point. What's more, not a single state ended FY 2006 with a deficit, although ARKANSAS reported a zero balance.

NCSL President and ILLINOIS Sen. Steve Rauschenberger (R) pointed out that the positive results weren't due to revenue growth alone. "Not only do we have the rebounding economy to thank for this, we also should applaud the diligent work of state legislators across America who have been smart managers of public money," he said. "State legislators have learned from the budget crisis of the early part of the decade, as we can see by the prudent choices they're making now."

Rauschenberger was undoubtedly referring to the states' efforts to boost their cash reserves in FY 2007. According to the information gathered by NCSL, MARYLAND, for instance, added $593 million to its rainy day fund, CONNECTICUT sacked away $440 million and GEORGIA was planning to bank $430 million. In all, twenty-five states budgeted increases in their reserve funds, the report stated.

But many states are also planning to spend money, primarily on education. And that came as somewhat of a surprise to Corina Eckl, one of the authors of the report. For the past several years, she said, "Medicaid has been the fastest-growing category of state spending, often growing at double-digit rates. This year, total fixed spending in FY 2007 appropriations is only 4.9 percent above FY 2006 spending." Eckl thinks the dip is just "an aberration" and that next year, Medicaid spending "will probably be back where it has been in prior years."

Less of a surprise was the fact that states are planning fewer revenue-generating measures. States raised $3.4 billion through tax increases in FY 2006. But that figure is expected to fall to $1.4 billion in FY 2007. Spurred by their improved financial situation, states cut personal income taxes by nearly $600 million and corporate and business taxes by $124 million. A number of states also provided their residents some relief from property taxes.

The longer-term prognosis for the states isn't quite so rosy, however. Fiscal officers in many states maintain that with the rising costs of education, Medicaid, corrections and other programs, spending growth will eventually outpace revenue growth, "leading to structural deficits beginning as early as FY 2008."

And while there may be no cure for that particular disorder, states are at least pursuing an ounce of prevention. As NCSL Executive Director William Pound put it, "State legislators are taking advantage of today's strong revenue growth. They're using it to fund one-time expenses and they're shoring up reserves." (NCSL.ORG, ASSOCIATED PRESS, STATELINE.ORG)

-- Compiled by KOREY CLARK

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Bird's eye view

Transportation for the long haul

Our nation's highways are seeing more use now than at any time in history, making improved transportation infrastructure a growing need in virtually every state. To help states meet the demand, and also help keep costs in check, they have turned to design-build contracts, an arrangement whereby a single bid is accepted for both the design and construction of a project, thus accelerating completion by eliminating lag time between bids. Last year, LOUISIANA became the 32nd state to adopt this policy, which state officials hope will help speed up the rebuilding of the roads, bridges and highways devastated by Hurricane Katrina. It is a proven method - UTAH used a similar system to accelerate the completion of many highway projects prior to the 2002 winter Olympics. The accompanying map shows all 32 states with single bid design-build provisions. 
 

-- Compiled by RICH EHISEN
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The Week in Session
States in Regular Session: 
CA, MI, NJ, US

States in Informal Session: MA

States in Skeleton Session: OH 

States in Special Session: 
CA "a", CA "b"

States in Recess: DC, NY, PA

Special Sessions in Recess: 
PA "a", VA "a"

States Adjourned in 2006: 
AK, AL, AZ, CT, CO, DE, FL, GA, HI, IA, ID, IL, IN, KS, KY, LA, MD, ME, MN, MO, MS, NC, NE, NH, NM, OK, RI, SC, SD, TN, UT, VA, VT, WA, WI, WV, WY

States in Special Session Adjourned in 2006: AK "b", AK "c", AR "a", AZ "a", CO "a", IA "a", KY "a", LA "a", MD "a", OK "a", OK "b", OR "a", OK "b", TN "a", TX "c", UT "a", WV "a", WI "b", WI "c"
 

Letters indicate special/extraordinary sessions
Compiled By JAMES ROSS| Data current  as of  08/18/06 | Source: State Net database

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Budget & taxes

PARTISAN PENSION POLITICS: This past June, CALIFORNIA's Democrat-controlled legislature rejected Republican Gov. Arnold Schwarzenegger's appointment of David Crane -- one of the most successful investment bankers on Wall Street -- to the teacher retirement board, despite the fact that Crane had served on that board for nearly a year. The action wasn't as straightforward a case of partisan politics as it seemed, however; Crane is a Democrat.

Evidently, Crane was dumped from the board not because of his political views but because he repeatedly questioned whether the state's pension funds can continue to earn the 8 percent return state money managers project for them and thereby avoid running up tens of billions of dollars in deficits. At his confirmation hearing, Crane said, "Bless them if they can make it" to 8 percent. "I would assume a lower number. And I think there is a lot of evidence to back up my view."

Senate leader Don Perata's (D) position on the subject, however, was that the board's job is "only to protect members' benefits," not weigh the long-term effects of those benefits on the state budget. Other opponents of Crane's appointment characterized him as an operative of an administration set on undermining the political clout of the state's public employee unions, strong supporters of the Democratic Party. (Schwarzenegger pushed last year to replace pensions with 401(k)-style accounts for all new public employees, but he abandoned that effort after encountering strong opposition from the unions.)

Crane isn't the only one who sees investment profits flattening. Market gurus such as Warren Buffet, investment giant Vanguard Group Inc. founder John C. Bogle and the author of "The Four Pillars of Investing," William Bernstein, share that view.

But the state has experts on its side too. Nobel Prize winning Stanford University economics professor William F. Sharpe helped develop the state's forecasts. And they are in line with the forecasts of Yale professor Roger G. Ibbotson, who has a remarkably good track record over the last 30 years.

The author, Bernstein, however, is troubled by the level of partisanship over the issue. "This is not a right- or left-wing issue," he says. "This is an issue of whether or not you can add." Bernstein, a Democrat himself, also points out that as the prospects for domestic stocks are dimming, CALIFORNIA and other states are shifting their money into riskier investments, such as high-tech start-ups and hedge funds, which could be problematic over the long term.

Zvi Bodie, a professor at Boston University's School of Management, says that some experts are also predicting a period of long-term instability in the market in general. "Every study we have of stock market behavior says one thing we know for sure is: We don't know for sure," he said. "It is risky. There is no free lunch here."

Another thing that is fairly certain is that CALIFORNIA can't afford to fall short a percentage point or two. Ten years of returns at the rate Buffet has projected for the retirement plans at his companies -- 6.4 percent -- would leave the state over $90 billion dollars short. And with retirees' benefits guaranteed by contract, taxpayers would have to foot that bill. (LOS ANGELES TIMES)

BUDGETS IN BRIEF: The Federal Emergency Management Agency has denied a request by LOUISIANA Gov. Kathleen Blanco (D) to have the federal government cover the full cost of removing debris from nine parishes impacted by Hurricanes Katrina and Rita. The nine parishes have been required to pay 10 percent of the debris removal cost since July 1. The federal government agreed earlier this summer to pay 100 percent of the debris removal cost in the state's five hardest-hit parishes through Dec. 31 (TIMES-PICAYUNE [NEW ORLEANS]). * Also in LOUISIANA, Gov. Kathleen Blanco (D) told a gathering of municipal officials on August 11 that her administration has no intention of pursuing a proposal to impose tolls on 400 miles of Interstates 10 and 12. The plan, which had been made public the day before by U.S. Sen. David Vitter (R), had drawn heavy fire on talk radio shows and Internet forums. Seeking to make herself abundantly clear on the subject, Blanco stated, "I no more want tolls on I-10 and I-12 than I want a hurricane" (TIMES-PICAYUNE [NEW ORLEANS]). * FEMA has denied VIRGINIA's appeal for assistance for individuals affected by flooding and other weather-related damage from the severe storms in June. Gov. Timothy M. Kaine (D) had requested that the agency reevaluate its July 31 decision denying assistance to individuals in two cities and six counties in the Old Dominion State (RICHMOND TIMES-DISPATCH).

-- Compiled by KOREY CLARK

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Politics & leadership

SECRETARY OF STATE RACES ONES TO WATCH IN '06: The office of secretary of state is not one that has attracted a great deal of attention, historically. With duties that include licensing businesses, registering corporations and serving as the state's chief notary, that isn't too much of a surprise.

The profile of the post was elevated significantly in 2000, however, when then-FLORIDA Secretary of State Katherine Harris (R) made a series of critical decisions regarding the recount of the closest presidential race is U.S. history. The office garnered the national spotlight again during the 2004 presidential election, as a result of controversial decisions regarding voter challenges made by J. Kenneth Blackwell (R), the secretary of state in the key swing state of OHIO. Partisan clashes in various states over voter ID laws, the counting of absentee ballots and electronic voting machines have kept the position in the public eye. "Secretaries of state are on the political radar in a way they have never been before," said Doug Chapin, director of the nonpartisan, non-advocacy election news and analysis Web site, Electionline.

Not only is the post garnering more headlines, it is also drawing more attention from ambitious politicians. "It's becoming a position sought after by young hopefuls who are looking to see the secretary of state job as a steppingstone," said Kay Stimson, a spokeswoman for the National Association of Secretaries of State. Current governors Matt Blunt (R) of MISSOURI, Bob Taft (R) of OHIO, Jim Douglas (R) of VERMONT and Joe Manchin (D) of WEST VIRGINIA all previously served as secretary of state. 

One of this year's highest profile races will be in CALIFORNIA, where Democrat Debra Bowen is seeking to unseat Republican Bruce McPherson, who was appointed last year by Gov. Arnold Schwarzenegger (R) after Secretary of State Kevin Shelley (D) resigned over allegations that he used federal funds from the 2002 "Help America Vote Act" for partisan political purposes. (STATELINE.ORG)

POLITICS IN BRIEF: A circuit court judge in MARYLAND ruled last week that the General Assembly's plan to allow early voting violates the state constitution, which specifies that citizens may vote only on the Tuesday after the first Monday in November. The decision was a victory for Gov. Robert Ehrlich (R), who has made early voting a key issue in his fall re-election campaign (BALTIMORE SUN). * State elections officials in ILLINOIS affirmed a little over a week ago that there were not enough valid signatures turned in to qualify a referendum to constitutionally ban gay marriage for the November ballot. Backers of the measure are seeking to get a federal court to intervene on their behalf. At least one opponent of the ban, senior counsel for the Lambda Legal Defense and Education Fund, however, seems to think that is unlikely. "Unless they pull a rabbit out of a hat in federal court, it's not going to be on the ballot," she said (ASSOCIATED PRESS, DAILY HERALD [ARLINGTON HEIGHTS]). * Last week -- less than two months after being appointed by NEW JERSEY Gov. Jon Corzine (D) as the first Hispanic to serve as the state's chief law enforcement official -- Attorney General Zulima Farber announced her decision to resign, after a special prosecutor concluded that she violated state ethics rules by helping her boyfriend out of a traffic stop earlier this year. Farber appears to have been a casualty of the governor's "zero tolerance policy" for ethics infractions during his administration (STAR-LEDGER [NEWARK]).

-- Compiled by KOREY CLARK

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Governors
MURKOWSKI FADING FAST: It has been a rough four years for ALASKA Gov. Frank Murkowski (R), who has seemingly been mired in controversy almost from the moment he first took office in 2002. That record of ongoing turbulence appears to have caught up with him, as a new poll released last week shows that Murkowski is not only unlikely to win the GOP primary this Tuesday, he is not even expected to finish second. 

The poll of 514 likely Republican primary voters conducted by Dave Dittman, a former Murkowski consultant, shows Murkowski running a distant third in the GOP contest, behind former Wasilla Mayor Sarah Palin, who earned the nod from 40 percent of the respondents, and former state Sen. John Binkley, who tallied 29 percent. Murkowski had just 17 percent. Undecided voters made up 14 percent of those surveyed, and the poll had a 4.3 percent margin of error. 

Murkowski got off on a bad foot with residents and his own party within weeks of being elected when he selected his daughter, Lisa Murkowski, to fill the U.S. Senate seat he had vacated with two years left on his fourth term. In doing so, he bypassed a host of other prominent Republicans hopeful of getting the job. The decision also drew outrage from voters, who saw the move as an egregious act of nepotism. 

The younger Murkowski held her own -- she even won a tough re-election fight with former ALASKA Gov. Tony Knowles in 2004 -- which should have helped her father's situation. Unfortunately for him, he wasn't doing a lot to help himself. Most prominent was his attempt to use $2 million in federal homeland security funds to purchase a jet for his use as governor. The feds rejected that request, so Murkowski then lobbied for $1.4 million to pay for a jet to be inserted into the state budget in January 2005, and later suggested selling a plane currently owned by the state to provide capital to lease a jet. He eventually got his way -- sort of. The state did buy a jet, but Murkowski has to share it with the ALASKA Dept. of Public Safety. 

Murkowski also appears to be a victim of his own personality. His gruff demeanor and aggressive style of doing business served him well in the Senate, where he was overshadowed by ALASKA's senior senator, the equally strong but more high profile Ted Stevens (R). As governor, the 73-year-old Murkowski has not been able to alter his style to be more compromising or to build coalitions. Instead, he has been deemed imperialistic and heavy-handed. 

Things appeared to be looking up recently when Murkowski worked out a deal with major oil companies to build a major natural gas pipeline project, something the state has been interested in developing for decades. But even that drew negative reviews, with critics claiming he timed the agreement to help bolster his flagging campaign. According to pollster Dittman, it has all added up to the public tuning Murkowski out. 

"He's in a position where it almost doesn't matter what he says or does, people don't want to hear it," said Dittman.  (CONGRESSIONAL QUARTERLY)

BOTH SIDES CLAIM VICTORY IN FLETCHER DECISION: A judge in KENTUCKY ruled last week that Republican Gov. Ernie Fletcher cannot be prosecuted on political pandering charges while he is still in office. But the judge also refused Fletcher's request to toss out the charges against him, which include criminal conspiracy, official misconduct and violating a prohibition against political discrimination. That means state Attorney General Greg Stumbo (D) will have to wait until at least next year, when Fletcher's term ends, before he can continue with the prosecution. Although Stumbo clearly wanted the court to allow a trial to proceed, he gave the decision a positive spin, saying "The Court's ruling affirms the principle that no person is above the law." Fletcher also praised the decision, saying in a statement that "We are pleased with today's ruling because Kentuckians are weary of this sad ordeal. Now, we can all turn our full attention to the children, families and communities of this great Commonwealth." The primary questions now become whether Fletcher will seek a second term, and if he does, whether Bluegrass State residents will grant him another four years. One GOP heavyweight, Lt. Gov. Steve Pence, has already called on Fletcher to consider foregoing such a campaign, saying the ongoing legal battle has damaged the governor's standing within the Party. Republican Secretary of State Trey Grayson, who has said he is considering the possibility of running for governor, also chimed in, saying Fletcher should abandon his re-election bid for the good of the state and the party. "Most Republicans I talk to don't think he can be re-elected and don't think he should be re-elected," Grayson said. (LOUISVILLE COURIER-JOURNAL, WASHINGTON POST) 

GOVERNORS IN BRIEF: A federal judge rejected LOUISIANA Gov. Kathleen Blanco's request last week to block the planned sale of federal oil and gas leases off the LOUISIANA and TEXAS coasts in the western Gulf of Mexico. The judge, however, strongly hinted that the state could eventually prevail when the case goes to trial on Nov. 13 (ADVOCATE [BATON ROUGE]). * GEORGIA Democratic Party officials called on state and federal officials to investigate Gov. Sonny Perdue's (R) $2 million purchase of FLORIDA land from a politically-connected developer only a year after he appointed the man to a seat on the Peach State's economic development board. Dems say Perdue broke state ethics laws with the purchase and, in the words of state Party chairman Bobby Kahn, "has committed a crime and should be going to prison." Perdue says he did nothing wrong and that the developer in question never asked for or received any favors in connection with the deal (ATLANTA JOURNAL-CONSTITUTION). * CALIFORNIA Gov. Arnold Schwarzenegger (R) said he believes full immersion is the best approach to teaching English and will not support a Senate bill that would force the state Board of Education to approve bilingual textbooks in California classrooms. In a letter to Senate Pro Tem Don Perata, Schwarzenegger said he "learned English by immersion, and believe in my heart that full immersion is the best method of teaching language that exists" (SAN DIEGO UNION TRIBUNE).
 

-- 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: 

  Should term limits be termed out?
Funding transportation
Fall ballot brawls
States push alternative fuels

Hot issues
BUSINESS: The CALIFORNIA Assembly unanimously approves legislation that would require retailers and financial institutions to remove credit card and bank account numbers from store and bank receipts. Current law requires that the information be removed from customer receipts but not those filed by merchants. The bill goes to the Senate (SAN DIEGO UNION TRIBUNE). · Still in CALIFORNIA, lawmakers give final approval to a bill that would give local governments the authority to eliminate card-club wagering limits without voter approval. Many Golden State cities currently require a public vote on any gambling expansion, including wager limits. The measure now goes all in to Gov. Arnold Schwarzenegger (R) (SAN JOSE MERCURY NEWS). · Under pressure from CALIFORNIA insurance officials, the state's two largest automotive insurers, State Farm Mutual Automobile Insurance Co. and Farmers Insurance Group, agree to end their opposition to new state rules outlawing the use of ZIP Codes in setting driver rates. The companies say they will immediately begin setting rates based only on a motorist's actual driving record (LOS ANGELES TIMES). 

CRIME & PUNISHMENT: The CONNECTICUT Supreme Court unanimously rules that placing a key in the ignition, even if the engine is not started, is grounds for charging an intoxicated person with operating a motor vehicle under the influence. The decision stems from the case of a man who was arrested for drunk driving after being found passed out behind the wheel of his vehicle with his key in the ignition (HARTFORD COURANT). · The CALIFORNIA Assembly endorses a measure that would allow reporters to set up face-to-face interviews with inmates, and would also prohibit prison officials from recording those interviews. It moves to the Senate. Similar legislation has been vetoed by three different Golden State governors, including current Gov. Arnold Schwarzenegger (R) last year (SAN DIEGO UNION TRIBUNE). 

EDUCATION: A CALIFORNIA appeals court reinstates the Golden State's high school exit exam. The decision overturns a lower court's injunction that sided with a group of students and parents who filed a suit seeking to eliminate the exam, arguing that it was unfair to the poor, minority students and English-learners. The case now returns to the original court for a full hearing (LOS ANGELES TIMES). 

ENVIRONMENT: CALIFORNIA wildlife officials create a network of fish sanctuaries that will protect more than 200-square miles of marine life along the state's coastline. Under the new rules, all recreational and commercial fishing and scuba diving will be banned in about 110 miles of the sanctuary, while fishing will be restricted in about another 94 square miles (SAN FRANCISCO CHRONICLE). 

HEALTH & SCIENCE: NEW YORK Gov. George Pataki (R) signs legislation that orders New York City to pay "line-of-duty" death benefits to relatives of city workers who took part in the rescue and cleanup efforts at the World Trade Center site and who later die from certain cancers or respiratory illnesses. The new law adds to another statute adopted last year that says those workers who do get certain illnesses would be presumed to have become sick while in the course of their official duties (NEW YORK TIMES). 

HOMELAND SECURITY: A federal appeals court upholds a lower court ruling that allowed NEW YORK police to perform random searches of subway passengers' bags. The court said the searches are constitutional because they help prevent terrorist attacks (NEW YORK TIMES). 

SOCIAL POLICY: The MISSOURI attorney general says he will challenge a federal court ruling that determined a state corrections department policy against transporting pregnant inmates to an off-site clinic for an abortion is unconstitutional. Attorney General Jay Nixon cited a 1986 MISSOURI law prohibiting the use of public funds, facilities and employees to assist an abortion when it's not necessary to save the life of the mother (WASHINGTON POST).

POTPOURRI: The CALIFORNIA Assembly approves SB 1806, a measure that would bar people from leaving their pets locked up in a car during extreme heat or other conditions that could be dangerous or cause the animals to suffer. Violators could face fines and possible jail time. The bill heads back to the Senate, where it has already passed, for a review of changes made in the Assembly (LOS ANGELES TIMES). · A federal appeals court rules that a DELAWARE law which limits Freedom of Information Act (FOIA) requests only to First State residents is unconstitutional. At least eight other states have similar laws on their books (NEWS JOURNAL [NEW CASTLE-WILMINGTON]). · FOIA is also news in NEW YORK, where Gov. George Pataki (R) announces he will sign legislation to allow courts to award legal fees to citizens when government agencies wrongfully deny or delay their requests for public documents under the state's Freedom of Information Law. Under the new statute, courts can force local and state governments and school districts to pay the fees to individuals, groups, businesses or news organizations wrongfully denied access to information even if the information they're seeking does not have a broad public interest (ALBANY TIMES UNION). 
 

-- Compiled by RICH EHISEN
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UPCOMING ELECTIONS (08/17/2006 - 09/07/2006):
08/22/2006  
Alaska  Primary Election
    House  (All)
    Senate  B, D, F, H, J, L, N, P, R, S
    Constitutional Officers: 
    Governor, Lieutenant Governor
    US House (All)

08/22/2006  
Wyoming  Primary Election
    House  (All)
    Senate  (Odd)
    Constitutional Officers: 
    Governor, Secretary of State, 
    Treasurer, 
    Superindendent of Public Instruction
    US House (All)
    US Senate (Thomas)

09/05/2006  
Florida  Primary Election
    House  (All)
    Senate  (Even)
    Constitutional Officers: 
    Governor, Lieutenant Governor
    US House (All)
    US Senate (Nelson)

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Once around the statehouse lightly

"TAKE ME BACK TO THE COURTROOM" was not the refrain sung by Paul Zellerbach, a Superior Court judge from Riverside, CALIFORNIA. Instead, the good judge warbled "I think I'll stay at the ballgame," and it cost him a public admonishment from the Commission on Judicial Performance. According to the Los Angeles Times, Zellerbach was attending a baseball playoff game in Anaheim two years ago when the jury in one of his cases reached a verdict. Rather than return to court, Zellerbach remained at the game, postponing announcement of the verdict until the next day. The commission knocked Zellerbach for "serious dereliction of judicial duty" and for imposing "additional stress" on everyone concerned. 

A WEIGHT-LOSS PLAN: Americans spend millions of dollars each year chasing the perfect weight-loss plan. Now it appears that ranchers in IDAHO and WYOMING have stumbled on the solution: wolves. As The Casper Star-Tribune reports, ranchers argue that livestock lose weight because they are frightened by the howls of wolves re-introduced into nearby habitats. And the ranchers want to be paid for the lost weight caused, they claim, when terrified cattle and sheep alter eating and herding habits. "They don't eat and drink," frets the executive director of the IDAHO Cattle Association. Weight loss equals dollars when those same animals make their way into the human food chain. Idaho pays for wolf-related losses -- usually defined as dead animals. But the state Office of Species Conservation, which administers a compensation fund, has agreed to pay ranchers who can document weight loss. Before they fork over the money, however, those Gem Staters might want to consider how easy it is to spook cattle. For instance, they could check with folks in SOUTH CAROLINA, where the Anderson Independent-Mail reports that a herd of cattle ripped out hundreds of dollars worth of fencing after being stampeded by a chicken.

CHECK-AND-BALANCE? We don't need no stinkin' check-and-balance. At least not in UTAH, and not where state Sen. Chris Buttars is concerned. The West Jordan Republican, notes the Salt Lake City Tribune, has proposed allowing the Senate to fire a judge if lawmakers don't like the judge's rulings. He would accomplish this bit of constitutional mayhem by giving the Senate the power to re-confirm a judge when his or her term expires -- a power currently bestowed on voters through a confirmation election. A spokesman for Gov. Jon Huntsman Jr. said the administration is "anxious" to maintain judicial independence. Christine Durham, chief justice of the Utah Supreme Court, feared legislative reprisal for unpopular but tough decisions. James Madison was unavailable for comment. 

NO ON "NONE" It is now official. A TENNESSEE man who legally changed his middle name to "None of the Above" will not be able to use that name on the ballot when he runs for governor in November. According to the Nashville Tennessean, David Gatchell plans to appeal the decision, rendered last week by a local judge. The court sided with state officials, who argued that "David `None of the Above' Gatchell" would be too confusing. Gatchell's middle name had been "Leroy." 

A CIVICS LESSON was doled out recently to a CONNECTICUT teenager who tried to set up a small stand on his front lawn. As the Hartford Courant reports, 13-year-old Joe Cadieux wanted to sell night crawlers, so advertised his attempt with a hand-made lawn sign. Apparently, the sign violated local zoning regulations for his hometown of Cromwell, prompting the local planning and zoning commission to issue a "cease and desist" order. Cadieux's family was not amused, given that the business was meant to teach their son the value of work. Thanks to Cromwell, young Joe will learn another lesson -- that the letter of the law often outweighs common sense. 
 

-- By A.G. BLOCK
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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 2006 prefiles last week: 25

Number of 2006 Intros last week: 126

Number of bills enacted/adopted last week: 302

Number of 2006 prefiles to date: 21,547

Number of 2006 Intros to date: 97,780

Number of enacted/adopted overall in 2006: 29,765
 

Compiled By JAMES ROSS | Data current  as of 08/17/06 | Source: State Net database

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In case you missed it: 
Immigration has become a flashpoint issue for the entire nation, with debate raging from statehouses and Congress to the streets of our cities. On July 10, the State Net Capitol Journal discussed this controversial issue with one of the most vocal players in this controversial issue, ARIZONA Gov. Janet Napolitano.

In case you missed it, the article can be found on our Web site at 
http://statenet.com/capitol_journal/07-10-2006.

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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 

Copyright 2006 State Net
ISSN: 1521-8449

A Publication of State Net ®, A LexisNexis Company