State Net Capitol Journal -- News & Views from the 50 States
 
 Volume XII, No. 37
September 20, 2004
Voter overload?

BUDGET & TAXES
Southern states brace for boomers

GOVERNORS
Blagojevich flexes muscle in IL
 

The week in session
Hot issues
Bird's eye view
In the Hopper
Once around the statehouse lightly
State recaps available this week 
Upcoming elections
 

 

TOP STORY

CALIFORNIA Gov. Arnold Schwarzenegger (R) has been successful using direct democracy -- or the threat of it -- to get his way. But a huge number of confusing measures now facing Golden State voters could change all that.

SNCJ Spotlight

California voters face flood of ballot measures

This November, Californians will face one of the longest and most convoluted election ballots in the state's history. The loaded ballot will test the limits of both Gov. Arnold Schwarzenegger's (R) powers of persuasion and the electorate's patience. Voters will consider no less than 16 ballot propositions this year, the third-highest number of measures since the state instituted the initiative and referendum processes in 1911.  

But the number of propositions is only part of the problem. Several of the measures actually compete with one another. For instance, a pair of gambling initiatives, Propositions 68 and 70, are both responses to Gov. Schwarzenegger's call for Indian tribes to pay the state more of a "fair share" -- which he defines as 25 percent -- of their revenue from slot machines. Proposition 68, sponsored by the state's card clubs and horse racetracks, would require Indian tribes to meet that demand and allow the clubs and tracks to expand their gambling enterprises if the tribes fail to do so. Prop. 70, on the other hand, drafted by the Agua Caliente Band, would grant Indian tribes virtually unlimited slot machine expansion rights in exchange for paying the state a little under 9 percent of their net profits. Schwarzenegger has actually used both initiatives as sticks --  withholding his opposition to Prop. 68 and threatening his opposition to Prop. 70 -- to persuade Indian tribes to negotiate new gambling compacts with him. Now that the governor has signed agreements with nine tribes, he openly opposes both measures, saying of Prop. 70, in particular, "We will have very soon many more [agreements], and especially after we demolish Proposition 70."

Schwarzenegger's political maneuvering has also given rise to another pair of competing initiatives: Proposition 65 and Proposition 1A. Prop. 65 was placed on the ballot by cities and counties seeking to protect their state funding from legislative raids. The measure prompted the governor to seek a compromise with local governments. The final agreement, reached in July, led to the last-minute ballot measure, Prop. 1A, which seeks voter approval of the deal. To salvage the work he's done, Schwarzenegger will now not only have to convince a majority of voters to support Prop. 1A, but also make sure the measure out-polls Prop. 65, since California law dictates that when there are competing measures on the ballot, only the measure receiving the highest number of votes passes. 

The most significant proposition battle could be over the future of the state's primary election. Proposition 62 would establish a "top-two" primary, in which the top two vote-getters, regardless of their party affiliation, would advance to the general election. Lawmakers, who view that measure as a threat to the right of political parties to determine their own candidates, have placed Prop. 60 on the ballot in an effort to keep the state's current "closed" primary system in place. To make that measure more appealing to voters, lawmakers included a provision requiring that proceeds from the sale of surplus state property be used to pay down the state's debt. The state Supreme Court, however, subsequently split the measure into two parts on the grounds that it violated the state constitution's single-subject requirement, giving rise to Prop. 60A.  

Along with the dueling propositions, voters will also weigh such diverse issues as increasing the income tax on millionaires by 1 percent to finance expanded mental health  services (Prop.63), limiting lawsuits against businesses for unfair practices (Prop. 64), loosening the state's three strikes law (Prop. 66), requiring DNA samples from felons and individuals arrested for rape or murder (Prop. 69), and establishing a constitutional right to  perform stem-cell research, along with authorizing $3 billion in funding for it (Prop. 71).  

So far, Schwarzenegger has only taken a position on nine of the 16 propositions. In addition to supporting the local government compromise (Prop. 1A), he also favors Prop. 59, which would allow the public better access to government records; Prop. 64, limiting unfair practice lawsuits; and the felon DNA initiative (Prop. 69). Meanwhile, he opposes not only the two gambling initiatives (Props. 68 and 70) and the abandoned local government plan (Prop. 65), but also the proposed changes to the three-strikes law (Prop. 66) and Prop. 72, a referendum on the recently-enacted law requiring employers to provide healthcare insurance for uninsured workers. Schwarzenegger has yet to take a stand on the millionaire's tax for mental health services initiative (Prop. 63), despite having stated repeatedly that he is against raising taxes. Perhaps even more notable, the governor has not taken a position on Proposition 71, the stem-cell initiative, which easily has the highest national profile of all the measures on the November ballot. The issue has become a hot button part of the presidential campaign, with John Kerry criticizing President Bush for placing limits on stem-cell research. Observers suggest that Schwarzenegger is simply aware of the political stakes involved with these measures. Elizabeth Garrett, director of the USC-Caltech Center for the Study of Law and Politics, said, "I think the bottom line on any position he takes on direct democracy is, he has to succeed. Winning will keep him in the game of using direct democracy and initiatives as a threat. The greater his victory, the more significant his threat."

The celebrity governor clearly demonstrated his ability to use direct democracy last March, when he secured overwhelming voter approval for a pair of budget measures that had initially received very little popular support in the polls. But that was early in the governor's term, before his popularity took a hit a couple of months ago over his standoff with the Democratic-controlled Legislature on the state budget. More importantly, this time around, with the more confusing ballot picture, the governor's position on the issues may be much less clear in the minds of the electorate. California voters have faced challenging ballots before, most notably, last October's statewide recall ballot, which featured 135 candidates. But they are notoriously fickle about propositions. And the long ballot is not likely to improve their disposition. "My expectation is that voters are going to vote "no" on these things when they are faced with so much," said Garrett. (LOS ANGELES TIMES)  
 

NJ LEGISLATURE'S FINAL ACT: The last few months of NEW JERSEY'S legislative session have all the makings of a Shakespeare play -- or at least a movie-of-the-week: a lame-duck governor seeks to establish a legacy other than the sex scandal that has led to his resignation, while his successor, the reigning leader of the Senate, assumes the title of head of state under suspicious circumstances, thereby consolidating his control over two branches of the government; meanwhile, the political party responsible for these machinations fends off the attacks of foes and critics as it prepares for next year's legislative elections.  

"Without a question, the next couple of months are going to be quite complicated," said Assembly Majority Leader Joseph Roberts (D).  

Among those complications is Gov. James E. McGreevey's (D) ambitious legislative agenda, which includes, among other things, legalizing needle exchanges for drug addicts and granting liability immunity to volunteers following a terrorist attack. The outgoing governor may also try to enact pay-to-play campaign finance reform through executive order. The Democrats who control the Legislature have so far refused to take up that issue, for which they have been criticized relentlessly by the Republicans. The GOP has also accused Democrats of circumventing a special election to replace the outgoing McGreevey by delaying his resignation two months, and is likely to continue hammering away on both of those issues right up until next November.  

But Democrats have not ignored the  criticism; their agenda for the remainder of the session encompasses several good-government measures, including an amendment to the constitutional rules of gubernatorial succession. Much of what happens between now and the end of the session in January, however, will depend largely on soon-to-be Governor and Senate President Richard Codey (D), who's dual roles will give him enormous power over the legislative process. Consequently, lawmakers don't expect much to happen before McGreevey departs in mid-November. "Anything too complicated would be time-consuming," said Roberts. "The expectation would be that it would be held over for Senate President Codey." Which suggests the final act of the New Jersey Legislature's production of "Trouble in Trenton" is likely to be a little slow in the beginning. (TIMES [TRENTON], STAR- LEDGER [NEWARK]) 

AT THE POLLS: Eight states held primaries last Tuesday, the last big primary day before the November general election. The highest-profile race was the Democratic primary for governor in WASHINGTON, in which the attorney general who helped negotiate the $206-billion tobacco settlement in the 1990s -- Christine Gregoire -- soundly defeated the state's leading black politician, King County Executive Ron Sims. Senate primaries in Washington and WISCONSIN, two states considered battlegrounds in the presidential race, also grabbed headlines, with Republican candidates making their support for President Bush and the war on terror the focus of their campaigns. Few of the contests in other states generated much national attention as most involved incumbents facing little opposition, but there were a few surprises. Wisconsin Rep. Glenn Grothman routed Senate Majority Leader Mary Panzer in the Republican primary by a 4-1 margin, the first time in the state's history that an Assembly member defeated a Senate leader of the same party. And NEW YORK Assemblyman Stephen B. Kaufman, a Democrat who was seeking to become a Republican senator, lost in both the Democratic and Republican primaries. A couple of first-term Republican governors -- VERMONT's Jim Douglas and NEW HAMPSHIRE'S Craig Benson -- also won their party's nomination. (ASSOCIATED PRESS, KANSAS CITY STAR, WASHINGTON POST, LOS ANGELES TIMES, MILWAUKEE JOURNAL-SENTINEL, NEW YORK TIMES) 

POLITICS IN BRIEF: MARYLAND's Court of Appeals refused to order security fixes or paper records for the state's new electronic voting system. Although opponents of the new voting system say they'll continue to push for the changes, they concede they're stuck with the system the way it is this November (BALTIMORE SUN). * A U.S. district court struck down an OHIO law restricting judicial candidates from declaring their party affiliation. The law only allowed such candidates to indicate their partisanship after the primary election, and then only in public appearances, not in campaign literature (PLAIN DEALER [CLEVELAND]). * TEXAS Gov. Rick Perry (R) announced last week that he will make Wallace B. Jefferson the first African American chief justice of the state Supreme Court. Jefferson will replace former Chief Justice Tom Phillips, who retired earlier this month (EXPRESS-NEWS [AUSTIN]). * Longtime NEVADA Senate Majority Leader Bill Raggio (R) could face a challenge to his leadership from Southern Nevada Republicans after two of his Northern Nevada Senate allies suffered primary election defeats. Senate Minority Leader Dina Titus (D) said the dissension among the Republicans could also allow the Democrats to pick up two additional Senate seats (LAS VEGAS REVIEW-JOURNAL).  

-- Compiled by KOREY CLARK

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The Week in Session
States in Regular Session:  DC, MI, NJ, US

States in Special Session:  UT "b"
    
States in Recess:  CA "d", CA "e", DE "c", IL, MA, NY, PA

States in Skeleton Session:  OH

Currently Prefiling:    
CO (Drafts for 2005)
FL (Drafts for 2005)
IN (Drafts for 2005)
KY (Drafts for 2005)
MT (Drafts for 2005)
NV (Drafts for 2005)
VA (Drafts for 2005)

States Adjourned: 
AK, AL, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IN, KS, KY, LA, MD "2003 session", 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: 
AK "a", AR "b", CA "a", CA "b", CA "c", CT "a", CT "b", CT "c", CT "d", DE "a", GA "a", IA "b", IL "a-q", LA "a", ME "a", ME "b", MS "a", MS "b", NY "a", OR "a", TX "d", UT "a", UT "c", VA "a", VA "b", WA "a", WA "b", WA "c", WI "d", WI "e", WI "f", WI "g", WV "a", WV "b", WY "a"

States Projected to Adjourn:  OK "a"

Letters indicate special/extraordinary sessions
Compiled By GINA HUMMELL | Data current  as of  9/17/04 | Source: State Net database

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Budget & taxes

SOUTHERN STATES BRACE FOR BOOMERS: In six years, the aging Baby Boom generation will begin qualifying for Medicaid, Medicare and Social Security. And Southern states that have become havens for retirees -- such as FLORIDA and, more recently, GEORGIA, NORTH CAROLINA, SOUTH CAROLINA and TENNESSEE -- will likely feel the pressure of that milestone more acutely than most. That threat made health care for the aging one of the first issues addressed at last week's 70th annual Southern Governors Association conference in Richmond, VIRGINIA. Acknowledging the struggle states across the nation are already facing as a result of rising Medicaid costs, the attendees had some fairly sobering views about the future of senior health care. For instance, ALABAMA Gov. Bob Riley (R), whose state saw a budget-busting $105 million jump in Medicaid this year, said, "I'm concerned that people are going to need a second income in order to retire." And ARKANSAS Gov. Mike Huckabee (R) suggested that people who live healthy lifestyles -- those who eat right, exercise, and don't smoke or abuse alcohol or drugs -- should not have to subsidize the health care of those who don't. That opinion found favor with GEORGIA Gov. Sonny Perdue (R), who said, "Life insurance companies have been doing that with smoker and nonsmoker classifications for decades." (ASSOCIATED PRESS, ADVOCATE [BATON ROUGE]) 

OH COURT RULING SENDS RIPPLES: Last week, the 6th U.S. Circuit Court of Appeals ruled that a tax break OHIO gives to businesses that expand their operations in the state violates the commerce clause of the U.S. Constitution. That decision now casts doubt on the constitutionality of similar tax credits in three other states in the court's district: KENTUCKY, MICHIGAN and TENNESSEE. Matt Kisber, commissioner of Tennessee's Department of Economic and Community Development, which oversees the Volunteer State's investment tax credit, said they are watching the Ohio case very closely, taking the view that economic development policy is "a states' rights issue, and it impacts a sovereign state's ability to pass legislation which best serves the economic interests of that state." But Bill Fox, head of the Center for Business and Economic Research at the University of Tennessee, believes the court ruling could actually be a boon for the state. Fox says that if the ruling is upheld and expanded nationally, Tennessee would ultimately benefit because it doesn't rely heavily on that type of corporate tax incentive. "We could be net winners if everybody is precluded from doing it," he said. (ASSOCIATED PRESS, COMMERCIAL APPEAL [MEMPHIS])

BANKS SETTLE UP IN WI: WISCONSIN's Department of Revenue has reached settlements with 26 banks -- and is close to securing agreements with 30 more -- over back taxes owed as a result of their use of out-of-state tax shelters. Those banks are among 320 financial institutions in the state that received a letter requesting that they contact the department to discuss their use of such shelters and potential settlements, if applicable. The department's investigation was prompted by a series of articles in the Capital Times last year detailing the practice by  Wisconsin banks of avoiding payment of the state's 7.9 percent corporate income tax by moving assets to NEVADA, which does not collect that tax. The department has not revealed the names of the banks that have settled or indicated how much money it has secured. (ASSOCIATED PRESS,  CAPITAL TIMES [MADISON])

BUDGETS IN BRIEF: Phillip Morris, the country's largest tobacco company, has joined the campaign against COLORADO's Amendment 35, a ballot measure that seeks to raise the tax on cigarettes by more than 60 cents per pack and increase the tax on other tobacco products by 20 percent. The move sets up a repeat of a bitter 1994 battle that saw tobacco interests pour over $5 million --the most ever spent on a ballot campaign in the state at that time -- to defeat a similar tax hike (ROCKY MOUNTAIN NEWS [DENVER], DENVER POST). * FLORIDA lawmakers may grant tax breaks to residents whose homes were severely damaged or destroyed by Hurricanes Charley and Frances. The issue could be considered during a special session in December (MIAMI HERALD). * Thanks to the highest gas prices in the nation, HAWAII will spend $2 million more than it did last year to operate state and local government vehicles. The Aloha State has reduced its use of premium gasoline to try to save money on its 5,000-vehicle fleet, while Honolulu is switching to new hybrid buses (HONOLULU ADVERTISER). * Thirty-four PENNSYLVANIA businesses and individuals spent $575,000 to lobby the state Senate in the three months leading up to the passage of the state's new slot machine law. Horse racetracks were among the biggest beneficiaries of the effort, receiving slots licenses and millions of dollars for capital improvements, along with a share of the gambling proceeds (PITTSBURGH TRIBUNE-REVIEW).
 
 

-- Compiled by KOREY CLARK
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Governors

BLAGOJEVICH FLEXING MUSCLE IN ILLINOIS: ILLINOIS Gov. Rod Blagojevich (D) issued an ultimatum last week to Prairie State hospitals that are burning medical waste: Shut down your incinerators or I will. The governor cited numerous health risks related to burning medical waste, saying that hospital incinerators "burn dioxin in residential neighborhoods. Dioxin is linked to cancer, it's linked to birth defects and other health risks." There is, however, one major problem -- state and federal laws still allow for medical waste to be burned as long as hospitals meet certain safeguards. But Blagojevich said he wants the 11 hospitals involved to voluntarily stop the burn, and threatened legislation if they do not comply. He added that if legislation fails, he will order the state's Environmental Protection Agency to impose stricter rules that will force medical facilities to shut down their incinerators. Blagojevich also continued his war of words with the state's education system, signing legislation that allows him to name seven new people to the Illinois State Board of Education. He wasted no time in naming the new members, all of whom he announced shortly after signing the bill into law. Blagojevich has been fiercely critical of the Board in the past, at one point during his 2004 State of the State address calling it a "Soviet-style bureaucracy" more interested in creating paperwork than in teaching children. The Legislature earlier this year rejected Blagojevich's plan to create a new education department that answered directly to him. (CHICAGO DAILY HERALD, ASSOCIATED PRESS)

NV PRISON SOURCE OF BOOBY-TRAPPED LETTERS? Federal authorities have a "person of interest" they are looking at in a series of booby-trapped letters sent to governors in ALASKA, ARIZONA, CALIFORNIA, COLORADO, HAWAII, IDAHO, MASSACHUSETTS, MONTANA, NEBRASKA, NEVADA, NEW MEXICO, NEW YORK, OREGON, TEXAS, UTAH, VERMONT, VIRGINIA, WASHINGTON, WEST VIRGINIA and WYOMING last week. All of the letters were rigged to catch fire when opened, and each came postmarked from Ely State Prison, an all-male maximum security facility in Ely, NEVADA. Although each envelope bore the name of one of two inmates at the prison, authorities are still not yet sure if either is involved, nor did they identify the person they are now focusing on as a possible suspect. At least three of the letters did catch fire, but nobody was hurt. (CAPITAL NEWS SERVICE [ANNAPOLIS], CONTRA COSTA TIMES, BISMARCK TRIBUNE, ASSOCIATED PRESS)

JUDGE REJECTS NJ SPECIAL ELECTION: A federal judge refused to order a special election to replace Gov. James E. McGreevey (D), who has said he will step down on November 15. A lawsuit filed by two Princeton voting rights attorneys claimed McGreevey had effectively created a vacancy in the governor's office when he made his public announcement, which they said should entitle the public to vote on his replacement. The judge disagreed, stating that since McGreevey has not left office, there is technically no vacancy and therefore there is no need for a special election. The judge emphasized his point by reading aloud in court several dictionary definitions of the word "vacancy," concluding that under none of them was the governor's office vacant. Plaintiff Bruce Afran fumed, saying he was "shocked that a U.S. District judge decides a dictionary is more important than the United States Constitution." He vowed to appeal the verdict to the state Supreme Court. (ASSOCIATED PRESS, CNN)

MORE MCGREEVEY: Still on the McGreevey train, one of the governor's fund-raisers admitted in a plea deal with federal investigators that he extorted $40,000 in cash and political donations from a NEW JERSEY farmer who was battling a government plan to condemn his land. David D'Amiano did not directly implicate McGreevey, but he did say he prompted the governor to say a secret code word during a meeting with the farmer that would let the man know there was a deal in place. (STAR-LEDGER[NEWARK])

SCHWARZENEGGER SETS FUNDRAISING LIMITS: Facing  increasing criticism on several fronts for his prodigious fundraising habits,  CALIFORNIA Gov. Arnold Schwarzenegger (R) has imposed new limits on how he goes about collecting campaign cash. Schwarzenegger says he will now reject donations from workers' compensation insurers, energy companies and Indian gaming interests. The governor has already returned one $25,000 donation that came from a workers' comp company, but he has also aggressively defended his methods, saying "I cannot be bought." Schwarzenegger has raised nearly $13 million in just over nine months in office. (LOS ANGELES TIMES) 
 
 
 

-- Compiled by RICH EHISEN
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Upcoming elections 
 
(09/13/2004 - 09/27/2004):
09/18/2004  Hawaii  Primary Election
     House  (All)
     Senate  1, 3, 5, 6, 7, 12, 16, 17, 18, 21, 22, 23
     US House (All)
     US Senate (Inouye)

09/18/2004  Louisiana  Primary Election
     US House (All)
     US Senate (Breaux)

09/21/2004  Alabama  Special Primary
     House  47

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State Recaps available this week on the State Net website: 

AK, AL, CA, CO, CT, 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
 
 

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Bird's eye view

Assault weapons are back in most states

When the 10-year-old federal ban on military-style assault weapons expired last week, it instantly became legal again in 45 states to manufacture and sell semiautomatic assault weapons. Although many states considered legislation in 2004 to enact their own ban on such weapons, only MASSACHUSETTS actually passed such legislation. MARYLAND already bans assault pistols, but rejected a bill that would have enacted broader restrictions. The map below shows the states that currently ban some form of assault weapons as well as the states that considered but ultimately rejected similar restrictions. 

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Hot issues
BUSINESS: NEW JERSEY Gov. James E. McGreevey (D) issues an executive order that discourages state agencies from hiring contractors that outsource work to foreign countries. Governors in six other states -- ALASKA, ARIZONA, MICHIGAN, MINNESOTA, MISSOURI, and NORTH CAROLINA -- have signed similar orders (STAR-LEDGER [NEWARK]).

CRIME & PUNISHMENT: An ARKANSAS legislative committee approves publicizing the names of sex offenders who have failed to register with law enforcement. The new guidelines will allow the Razorback State's Sex Offender Risk Assessment Committee to place those names on a Web site as well as to provide information on offenders to local media outlets (ARKANSAS DEMOCRAT-GAZETTE). * ARIZONA officials reach a deal with the U.S. Dept. of Justice to reform the state's juvenile detention system. The deal, which calls for increased staffing, improved training, expanded mental health services and suicide prevention programs, allows for the dismissal of a lawsuit brought by the USDOJ against the state (ARIZONA REPUBLIC). 

EDUCATION: The MASSACHUSETTS  Legislature passes a bill that would allow high school biology students who get queasy when dissecting frogs to instead learn about animal anatomy from a computer program. It goes to Gov. Mitt Romney (R), who vetoed similar legislation earlier this year (BOSTON GLOBE). * CALIFORNIA Gov. Arnold Schwarzenegger (R) vetoes legislation that would have developed a new measure of performance for the Golden State's K-12 schools. Schwarzenegger said the state already has a "solid, comprehensive" assessment program for public school performance (SAN DIEGO UNION TRIBUNE). * Still in CALIFORNIA, Gov. Schwarzenegger (R) signs AB 2785, a bill that bans school bus and public transit drivers from chatting on their cell phone while working behind the wheel. California joins two other states -- ARIZONA and MICHIGAN -- in implementing such restrictions. The law does make exceptions for emergencies and work-related purposes (SAN DIEGO UNION TRIBUNE). * CALIFORNIA Gov. Arnold Schwarzenegger (R) vetoes legislation that would have forced public schools to disclose the annual salaries of their highest paid administrators, teachers and other employees (SAN DIEGO UNION TRIBUNE). * A NEVADA Legislative committee approves a plan to hire a state employee who will work with local school districts to devise ways to stop students from cheating on tests. Silver State education officials say cheating on the state's high school proficiency exam has risen 300 percent over the last three years (LAS VEGAS REVIEW JOURNAL). * A TEXAS court rules the Lone Star State's "Robin Hood" education system -- so named because it takes money from wealthy districts to give to poorer ones -- to be unconstitutional because it does not provide sufficient and equitable funding for all public schools. Texas Attorney General Greg Abbott said the state will appeal (HOUSTON CHRONICLE). 

ENVIRONMENT: Wildlife officials in COLORADO announce plans to round up and move one of the Centennial State's five remaining wild horse herds to make room for expanded oil and gas development. The estimated 120 horses will either have to be adopted by private owners or moved into a long-term holding facility (DENVER POST). * ARIZONA, NEVADA, and CALIFORNIA sign an agreement with federal officials that guarantees more than 8,100 acres of riparian, marsh and backwater habitat will be set aside for 31 species of fish, birds mammals and plants. The states believe the $620 million deal will help protect their future supply of water from the COLORADO River by making them less vulnerable to environmental lawsuits. The river supplies water and power to 20 million people in those states (ARIZONA REPUBLIC). 

HEALTH: The MARYLAND insurance commissioner grants approval to the state's largest medical malpractice insurer to raise premiums by 33 percent next year. The company, Medical Mutual Liability Insurance of Maryland, had requested a 41 percent hike (WASHINGTON POST).  * CALIFORNIA Gov. Arnold Schwarzenegger (R) signs AB 2088, legislation that requires health insurance benefits for registered domestic partners be the same as those offered to  spouses of married workers. Current law requires insurers only to offer policies that cover domestic partners in a manner equivalent to a dependent (ORANGE COUNTY REGISTER).

SOCIAL POLICY: The ALASKA Supreme Court denies a petition from  the state attorney general to overturn a lower court's decision allowing personal marijuana use in the home. The Court ruled that a person's constitutional right to privacy carried greater legal weight than a 1990 voter initiative that declared any marijuana possession to be illegal (FAIRBANKS DAILY NEWS-MINER). * NEW JERSEY Gov. James E. McGreevey (D) signs legislation that will allow Garden State citizens to sue in state court over violations of their civil rights. The catch, however, is that the law, dubbed the New Jersey Civil Rights Act, also allows the winning side -- plaintiff or defendant -- to ask a judge to order the losing side to pay for its attorney fees. Civil rights advocates protested, saying the fear of paying huge legal bills could discourage people from taking cases to court. The new law takes effect immediately (STAR-LEDGER [NEWARK]).

POTPOURRI: A joint WYOMING legislative committee endorses a bill that would force Equality State teens to wait until they turn 17-years-old before getting a full driver's license. If passed, the measure would make 16-year-olds eligible only for an intermediate permit that would restrict their hours of operation and number of passengers. The bill will now be introduced in the 2005 session (CASPER STAR-TRIBUNE). *  CALIFORNIA Gov. Arnold Schwarzenegger (R) signs AB 50, a measure that adds .50-caliber BMG rifles to the state's list of restricted weapons. The bill bans the sale or new ownership of the guns, and requires current owners to register them with the state (SACRAMENTO BEE). * Still in CALIFORNIA, Gov. Schwarzenegger (R) signs legislation that allows military personnel stationed overseas during war to get married by having a friend stand in for them during the ceremony. The event must take place in California (SAN DIEGO UNION TRIBUNE). * A federal judge tosses out a PENNSYLVANIA law that requires Internet service providers to block Web sites that contain child pornography. The court said the law causes a "massive suppression" of constitutionally protected free speech. The state attorney general's office said it will consider an appeal (WASHINGTON POST). 
 
 
 
 

-- Compiled by RICH EHISEN
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Once around the statehouse lightly

WHAT'S IN A NAME? Money, and lots of it if your name happens to be Mark Guthrie and you live in CONNECTICUT. According to The Associated Press, The Tribune Company -- publishers of the Chicago Tribune and The Hartford Courant -- dumped $301,000 into Guthrie's bank account not long ago. That was a nice little paycheck for Guthrie, who delivers papers for the Courant. Unfortunately, the money was supposed to go to another Tribune Company employee -- former Chicago Cubs relief pitcher Mark Guthrie. The Trib was able to recover $275,000 before Guthrie, the deliveryman, froze his account. The company has sued to recover the balance.

THE NAME GAME. It's been the rage for years in the world of professional sport. Fans in CALIFORNIA attend games at Staples Arena and 3Com Park. In Houston, they go to Minute Maid Park -- and so on. Now government, always on the prowl for revenue, wants to get into the act as well. As the Chicago Sun-Times notes, the city of NEW YORK recently signed an "official beverage" deal with Snapple (Snapple in the Big Apple), while Houston, TEXAS, struck an agreement with Dr. Pepper. Now comes ILLINOIS, which last week began soliciting bids to become the state's official drink. Among the perks at stake -- 1,300 vending machines on state-owned property.

SMOG IT OR LOSE IT. For lovers of old cars, CALIFORNIA has long been a kindly place to dote over that 1942 Packard because the state does not require a car to pass a smog check after it passes its 30th birthday. But the state will not be so friendly for owners of more modern classics if Gov. Arnold Schwarzenegger signs legislation this week that would require all cars made after 1975 to pass a smog inspection. Although pre-1975 vehicles would remain exempt for now, the new emissions mandate, grump afficionados, would force many 1976-and-newer autos off the road. Among those angry with the proposed law is "Tonight Show" host Jay Leno, who collects cars old and new. Leno twice called the bill's author, Democratic Assm. Sally Lieber, to complain, and he has apparently lobbied the governor as well. According to the Los Angeles Times, the bill would eventually affect as many as 340,000 vehicles now chugging along Golden State highways, a good many of them spewing out excessive pollutants. Like they say, one person's clunker is another person's classic.

TRY ZORRO INSTEAD. Bad judgment award goes to Timothy Ellender, a LOUISIANA judge, who faces a year-long suspension because he wore the wrong costume to a 2003 Halloween party. As the The Advocate explains, the judge, who is white, showed up at the party in an orange prison jumpsuit, complete with shackles. That alone didn't constitute an offense. But the Afro wig and blackface did. The NAACP filed a complaint with the state Judiciary Commission, which will hold a hearing next month to determine if Ellender should step down. 

FIGHT FIRES, GO TO JAIL. A dispute between two city officials in Ketchum, IDAHO, has escalated to the point that the town mayor has asked that the City Council president be prosecuted as a criminal. The transgression, according to the Idaho Mountain Express? Council President Randy Hall is a double-dipper who refuses to resign either public position. Seems that Hall not only is an elected official but also serves as a paid volunteer paramedic for the Fire Department. As a councilman, Hall does not vote on matters related to the department. But Mayor Ed Simon is outraged that Hall is double skimming the public payroll, earning $1,250 a month on the Council and another $8 every time the bell rings. Seem like a bit of something over nothing? Perhaps it might help understanding to note that Simon and Hall are political rivals as well.
 

 -- By A.G. BLOCK
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In The Hopper
State Net's data base tracks tens of thousands of bills in all 50 states at any given time. Here's a snapshot of what's in the legislative works:

THIS WEEK

  • New bill intros/prefiles this week: 679
  • Enacted/adopted: 89
OVERALL
  • Total Number of bill intros/prefiles in 2004: 119,089
  • Enacted/adopted in 2004: 24,567
  • Total Number of measures in State Net database: 188,069
Compiled By GINA HUMMELL | Data current  as of 9/17/04 | Source: State Net database

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ISSN: 1521-8449

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