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Volume
XII, No. 37
September 20, 2004
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| 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
TOP
OF PAGE
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
TOP OF
PAGE |
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.
TOP OF PAGE
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
TOP OF PAGE
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
TOP OF PAGE
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
TOP OF
PAGE
|
Executive Editor: A.G.
Block
Associate Editors: Rich
Ehisen, Korey
Clark
Editorial Advisor: Lou Cannon
Correspondents: Richard Cox (CA),
Steve Karas (CA),
Bruce McKeeman (CA), Kelli Harvell (FL),
Linda Mendenhall (IL), Lauren King (MA)
and Troy Cassel (PA)
Design: Richard Hansen, Heather
Conway
Copyright 2004 State Net
ISSN: 1521-8449
|
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