State Net ************************************************** C A P I T O L J O U R N A L ************************************************** News & Views from the 50 States ================================================================= Volume XIII, No. 32 Monday, September 26, 2005 ================================================================= ##### TOP OF THE NEWS ##### SNCJ SPOTLIGHT .............................1 * Evolution debate nothing new for states BUDGET & POLITICS.............................2 * States wade into murky waters of Katrina reimbursement POLITICS & LEADERSHIP.............................3 * Busy off-year season for ballot measures GOVERNORS.............................4IN THE HOPPER . ............................5 HOT ISSUES. ............................6 UPCOMING STORIES. ............................7 ELECTIONS. ............................8 ONCE AROUND THE STATEHOUSE LIGHTLY .............................9 IN CASE YOU MISSED IT .............................10 ***************************************************************** "Given that the governor is at 36 percent popularity, his blaming others in his ad for the failures of the administration...is not a very persuasive message." Democratic consultant Gale Kaufman offering her critique of new ads being run by Gov. Arnold Schwarzenegger (R) in support of his reform agenda on the Nov. 8 special election ballot. "If the unions spent $40 million to denigrate Mother Teresa, she'd have low poll ratings, too." Steve Merksamer, chief of staff for former Gov. George Deukmejian (R), weighing in on current Gov. Schwarzenegger's declining poll numbers. (SAN JOSE MERCURY NEWS) ***************************************************************** ***** #1--SNCJ SPOTLIGHT ***** Evolution debate nothing new for states Some time in the next month the KANSAS School Board is expected to give final approval to science standards that encourage teachers and students to challenge Charles Darwin's theory of evolution. While most observers consider that endorsement to be a foregone conclusion, few believe it will be the final word on a matter that has been furiously debated in scientific, education and religious circles for almost 150 years. Depending on who you ask these days, evolution is either 1) a scientifically proven fact, 2) an interesting theory that only partially explains the origins of human life or 3) none of the above. Evolution's detractors have of late latched on to option number two in their effort to circumvent its teaching in the public schools, specifically by promoting their own theory: intelligent design. Developed by founders of the Seattle-based Discovery Institute, a conservative-leaning think tank, intelligent design (ID) argues that Darwin's theory of random selection and constantly evolving species is not sufficient to adequately account for the "irreducible complexity" of molecular mechanics found within living things. Discovery Institute senior fellow and Lehigh University professor Michael Behe claims, for example, that systems like the human eye or those which clot blood are far too complex at the molecular level to be explained by anything other than having been created by some kind of intelligent being. A growing number of lawmakers are apparently listening. According to the State Net database, this year at least 10 states -- ALABAMA (HB 352, SB 240), ARKANSAS (HB 2607), GEORGIA (HB 179), KANSAS (HR 6018), MISSOURI (HB 35), MISSISSIPPI (HB 1201, SB 2286), MONTANA (SJR 8), NEW YORK (AB 8036), PENNSLVANIA (HB 1007, SR 70) and SOUTH CAROLINA (SB 909) - considered ID legislation or resolutions, including several measures that would have either directly or indirectly opened the door to teaching ID as part of the school science curriculum. To date, none of those measures has evolved out of a legislative committee. Most are already extinct. The courts have also been busy with evolution and ID issues. This week, a PENNSYLVANIA court will begin hearing arguments in the case of Kitzmiller v. Dover Area School District, the first in the nation to challenge the legality of teaching ID in a public classroom. That suit was filed by the ACLU on behalf of parents after the Dover school board voted to endorse the introduction of ID into the biology curriculum. Earlier this year, a federal judge in GEORGIA ordered Cobb County education officials to remove more than 34,000 evolution disclaimer stickers from science textbooks. Those stickers warned that the books contained material on evolution, stating it "is a theory, not a fact, regarding the origin of living things. This material should be approached with an open mind, studied carefully, and critically considered." The county has appealed that decision. Challenging Darwin is, of course, nothing new. The most notable attempt came in 1925 during the now famous "monkey trial," in which a teacher named John Scopes was tried and convicted of violating a TENNESSEE ban on teaching evolution. At the time, OKLAHOMA and FLORIDA also barred teaching Darwin's theory. Those laws stayed on the books until 1968, when the U.S. Supreme Court banned them nationwide. Several states responded by passing measures mandating that schools teach "creation science" along with evolution. That again brought the Supreme Court into the mix, which ruled first in 1982 and again in 1987 that because creationism is based on religious doctrine, teaching it in public schools violates the First Amendment's principle of separation of church and state. But ID theorists, including many biologists, engineers and other scientists, deny their theory is based on creationism, which they say relies on a strict interpretation of the Book of Genesis in the Bible. ID enthusiasts claim their only connection to creationism is that they both agree there is some source of intelligence behind human life, which they say could be anything from a divine being like God to a space alien or, in Behe's words, "an angel, or some satanic force, some new age power. Something we don't know anything about yet." Be that as it may, the bulk of ID's supporters and theorists -- scientists included -- come from the world of Christian conservatism. This not only includes champions like Behe, a devout Catholic, but also other prominent religious conservatives such as President Bush and Senate Majority Leader Bill Frist (R), both of whom have publicly advocated teaching ID in the classroom. Antonia Cortese, executive vice president for the American Federation of Teachers was one of many within the science and education communities that took umbrage at the President's August endorsement of ID. Cortese said Bush's comments signaled "a huge step backward for science education in the United States," adding that teaching ID is "akin to suggesting that students be taught the alternative theory' that the earth is flat or that the earth revolves around the sun." Bush's stance even drew fire within some creationist circles. Pennsylvania Sen. Rick Santorum (R), one of the nation's most powerful Christian voices and a possible 2008 presidential candidate, opined against teaching ID, saying that "What we should be teaching are the problems and holes in the theory of evolution. As far as intelligent design is concerned, I really don't think it has risen to the level of a scientific theory at this point that we would want to teach it alongside evolution." It is just that weakness in credibility that makes many within the scientific community dismiss the ID argument as "pseudo- science" poorly masquerading as the real thing. Critics often point to significant flaws in Behe's "irreducible complexity" theory, noting that precious little of ID theorists' arguments ever end up in legitimate peer-reviewed publications, primarily because they can be readily refuted. And because ID ultimately falls back on crediting a higher power for creating life, most scientists see it as merely a cover for an underlying religious agenda and not worth publicly debating as a legitimate scientific concept. Those arguments apparently resonated with the UTAH Board of Education, which rejected a recent proposal from state Sen. Chris Buttars (R) to have schools introduce ID as a theory to explain the origin of life. He requested a two-hour meeting to defend his proposal, which Buttars says the board refused. A group of 10 researchers and scientists, however, did address the board, including Brigham Young University biologist Gregory Clark, who told the panel that "science does not attempt to explain the natural world by invoking the supernatural." Buttars later called the board "out of touch" with the wishes of Beehive state citizens and vowed he will not let the matter drop. "We're considering our options right now," he says of potential plans to introduce legislation next session. "We could go that way or we could work on a ballot referendum." The participation of the scientific community in Utah marked a stark contrast to what happened in Kansas earlier this year. Scientists there took the approach that, in the words of Glenn Branch, deputy director for the National Center for Science Education, there was "no reasonable upside" for scientific participation because a majority of the board had already made up its mind on allowing ID into the curriculum. According to recent public opinion polls, a majority of Americans have made up their mind as well. A Pew Forum on Religion and Public Life survey of 2,000 people in July indicated that 64 percent endorse teaching some form of creationism alongside evolution in public schools, while a Harris poll in June put the figure at 55 percent. The online Harris poll also showed that 54 percent of Americans don't believe human beings evolved from an earlier species. All of this leaves the scientific community in something of a fight or flight quandary: refuse to debate the issue in places like Kansas, risking giving ID supporters a platform unobstructed by refutation, or show up en mass, a la Utah. In that regard, even lawmakers are torn. "I think everybody ought to be at the table," says Kansas Sen. Mark Taddiken (R). "I'm a farmer, and I got into politics because I didn't like some particular agriculture-related policies. I know that if we're at the table, we're represented and at least we have our views known. So I think it is a big mistake for the scientific community to not be involved in what's happening here." "I feel that if we don't discuss this then we don't give it any legitimacy," counters VERMONT Rep. Sarah Edwards (P). "As a legislator, it isn't even a worthwhile discussion to me." "This is really a metaphor for all of the differences between the left and the right now," Edwards adds. "There seems to be a whole movement to not pay attention to facts, and evidence doesn't seem to have any impact. That concerns me. I'm not looking forward to this fight if it comes into my state." -- By RICH EHISEN ***************************************************************** ***** #2--BUDGET & TAXES ***** STATES WADE INTO MURKY WATERS OF KATRINA REIMBURSEMENT: As of two weeks ago, hundreds of thousands of Hurricane Katrina victims were scattered around in 28 states and the District of Columbia, according to the Federal Emergency Management Agency. And while FEMA has been busy issuing guidelines to those states indicating what costs the federal government will reimburse them for, some state officials still seem a bit confused about exactly what will be covered. "A lot of the information has been sketchy," said ARKANSAS Gov. Mike Huckabee (R), chair of the National Governors Association. "Mostly, the answers are, Let us work on that and get back to you.'" Part of the problem seems to be that FEMA is responding to requests that vary from state to state. For instance, in a memo FEMA sent to TEXAS -- which has taken in an estimated 205,000 Katrina evacuees -- the agency stated that it would cover the costs of maintaining emergency shelters, transporting evacuees to interim housing, and providing temporary classroom buildings for public school students, but that it would not repay private citizens who take refugees into their homes or provide funding for additional teachers. A memo sent to PENNSYLVANIA and other states, meanwhile, indicated that FEMA would pay for evacuees to live in hotels and temporary housing for up to a year, but not for long-term housing. And that decree has raised questions of its own in the states that received it. Huckabee, for example, asked, "Are we talking the Peabody in downtown Little Rock, or the Motel 6?" But Huckabee also expressed what appears to be the prevailing mood in the states that have taken in Katrina victims when he said, "We've just decided we're going to do the things that meet folks' needs with the hope and anticipation that we'll be reimbursed...We would certainly want someone to be more worried about people than paperwork." (CHICAGO SUN-TIMES) LA FACING MORE THAN JUST GAMING LOSSES: Officials in LOUISIANA say Hurricane Katrina will cost the state $9.6 million a month in lost revenue from in-state gambling, mostly due to heavy damage to one of its riverboat casinos, the Belle of Orleans, which broke free from its moorings on Lake Pontchartrain. Overall, Katrina put three of the state's 15 riverboat casinos and 31 percent of the state's of video poker machines out of commission. But officials are far less certain of what the ultimate financial impact of the storm will be. According to state economist Greg Albrecht, the 1.4 million people who lived in and around New Orleans, the area most affected by Katrina and its aftermath, generated between 25 and 40 percent of the state's total tax revenues. Officials say they won't know until mid-November how many of those people -- and their tax dollars -- will remain in the state. Until then, they say they'll have to count pennies and prioritize. The state's Joint Legislative Committee on the Budget was scheduled to meet on the 23rd to begin that process. (ADVOCATE [BATON ROUGE] BUDGETS IN BRIEF: MISSISSIPPI Gov. Haley Barbour (R) will convene a special session of the Legislature tomorrow (Sept. 27) to address Hurricane Katrina recovery issues, including whether to allow coastal casinos to build on land (USA TODAY). * ARKANSAS Gov. Mike Huckabee (R) has scheduled a special election for Dec. 13 to approve the sale of bonds for higher education and to reauthorize the state's bond program for transportation (ARKANSAS NEWS BUREAU). * After lengthy partisan debate, WEST VIRGINIA lawmakers approved Gov. Joe Manchin's (D) 1 percent cut in the state sales tax on food. Passage of the bill -- HB 401 -- brought an end to the Mountain State's tumultuous seven-day special session (CHARLESTON GAZETTE). * PENNSYLVANIA Gov. Ed Rendell (D) called last week for a special session to amend Act 72 to force school districts to accept proceeds from slot machine gambling and reduce property taxes. Rendell pushed the gambling/property- tax-reduction plan through the Legislature last year, but only about 20 percent of the state's 501 school districts have signed on to it (PITTSBURGH POST-GAZETTE). * Thanks to a construction and real-estate boom, WASHINGTON took in an unanticipated $493 million in its third quarter, pushing the state's reserve to $1.1 billion (SEATTLE POST-INTELLIGENCER). -- Compiled by KOREY CLARK ***************************************************************** ***** #3--POLITICS & LEADERSHIP ***** BUSY OFF-YEAR SEASON FOR BALLOT MEASURES: Although only eight states -- CALIFORNIA, COLORADO, MAINE, NEW JERSEY, NEW YORK, OHIO, TEXAS and WASHINGTON -- are planning to hold elections this November, those states will consider nearly 40 statewide ballot initiatives, on issues ranging from gas taxes to redistricting. Among the more noteworthy measures is a proposal in Washington that would repeal the 9.5-cent-per-gallon increase in the gasoline tax approved by the state's Legislature in April. The initiative is virtually the mirror image of a proposed gas tax hike that was overwhelmingly rejected by OKLAHOMA voters two weeks ago (see AT THE POLLS), which at least suggests that it is likely to fare better. A proposal in Maine would also repeal a recently-passed law, one that bans discrimination on the basis of sexual orientation. Texas voters will consider a proposal with a similar intent, preventing same-sex couples from obtaining any legal status similar to marriage. Two-competing proposals in California concerning prescription drug discounts for low-income residents could set a new record for campaign spending, with pharmaceuticals companies supporting one and opposing the other. California voters, along with those in Ohio, will also decide whether to join 12 other states that have taken redistricting authority away from their state legislators. Still another measure in California -- Proposition 75, which would require labor unions to obtain permission from their members before using dues for political purposes -- has set up a battle royal between one of the major sources of Democratic power in the Golden State and its Republican celebrity governor, Arnold Schwarzenegger. The most-watched races, however, may be those for a pair of dueling initiatives dealing with government spending restraints in Colorado and, once again, California. On Nov. 1, Coloradans will consider whether to temporarily suspend the state's landmark Taxpayers' Bill of Rights (TABOR) law. Just seven days later, California voters will decide whether to impose TABOR-like spending limits in the Golden State. But even with all the excitement expected this fall, things could be even busier next year, when 34 states will elect new governors. (STATELINE.ORG) SINE DIE: CALIFORNIA lawmakers sent 1,599 bills to Gov. Arnold Schwarzenegger (R) this year. Some of the most significant measures, such as those allowing gay marriages and letting illegal immigrants receive a driver's license, are headed for vetoes. Other major bills, like a $10 billion bond for transportation and a major solar energy initiative, didn't even make it through the Legislature. Democratic legislative leaders blamed those failures on the governor's threat in January to call a special election if lawmakers didn't pass his reform agenda, which, among other things, included measures limiting state spending, restricting the power of labor unions, and turning redistricting authority over to a panel of retired judges. "Everything after that became attack and counterattack," said Senate President Pro Tem Don Perata (D). Schwarzenegger countered that the legislative failures were simply more proof of the need for reform. "The legislators went as far as they could, but they are beholden to other people and have to always ask permission from other forces," he said. The session did see some bipartisan successes, such as the earliest passage of a state budget in five years and a school nutrition bill to combat childhood obesity. But the business that was left unfinished has set up a major battle between Schwarzenegger and lawmakers this fall, which will be left to the state's voters to settle. Commenting on that prospect, Assembly Speaker Fabian Nunez (D) said, "We are on a path to one of the most divisive political campaigns that California has ever seen." (CONTRA COSTA TIMES, SACRAMENTO UNION) AT THE POLLS: Sept. 13 turned out to be exceptionally bad timing for a single-item statewide special election in OKLAHOMA to consider an increase in the gas tax. With fuel prices surging in the wake of Hurricane Katrina, the proposal, which would have raised the tax from 17 cents to 22 cents per gallon to pay for road and bridge repairs, went down to a crushing 87-percent-to- 13-percent defeat (MUSKOGEE PHOENIX, STATELINE.ORG). * On the same Tuesday, Democrat Ted W. Lieu comfortably defeated three Republican challengers in a special election to fill CALIFORNIA's 53rd Assembly District seat, vacated by the death of Mike Gordon (D) in June. Lieu garnered 60 percent of the vote, three times the percentage claimed by his nearest competitor. The race attracted some interest because the 53rd, located on the Southern California coast, is one of the few competitive districts in the state. The Democrats' victory gives them a 48-32 majority in the Assembly (ASSOCIATED PRESS, LOS ANGELES TIMES). * Also on the 13th, Democrat Cherelle Parker claimed PENNSYLVANIA's 200th House District seat in Northwest Philadelphia, handily defeating Green Party candidate Marlene Santoyo and Republican Robert Rossman. The seat had been held by Rep. LeAnna Washington (D), who was elected to the Senate in June (PHILADELPHIA INQUIRER). * Democrats also captured a NEW YORK Assembly seat they've never held before, with the election of Marc Alessi to the 1st District at the very tip of Long Island. The seat opened after Republican Patricia Acampora left in June to serve on the state's Public Service Commission (ALBANY TIMES UNION). POLITICS IN BRIEF: Two weeks ago, WEST VIRGINIA's Legislature became the first in the nation to regulate political campaign groups known as 527s, passing a measure that limits contributions to such groups to $2,000 per election cycle. Observers, however, say the legislation could face a constitutional challenge (CHARLESTON GAZETTE). * The same week, FLORIDA's House also made history when it chose its first Cuban-American speaker. The selection of Rep. Marco Rubio (R), 34, to the post is seen as a broader victory for Hispanics in the Sunshine State, who now make up nearly a fifth of the population (ST. PETERSBURG TIMES). * Civil rights groups launched a federal lawsuit last Monday against GEORGIA's new law requiring voters to show photo ID at the polls. The groups, which include the American Civil Liberties Union, NAACP and League of Women Voters, allege that the new law will deny black and elderly voters of their voting rights, while supporters contend it will reduce voter fraud (ATLANTA JOURNAL- CONSTITUTION). * NEW MEXICO's current state treasurer, Robert Vigil (D), and former treasurer, Michael Montoya (D), were charged Sept. 16 with two counts each of extortion, for allegedly receiving nearly $700,000 in kickbacks in exchange for steering state business to private investment advisers. Both have pled not guilty to the charges (SANTE FE NEW MEXICAN, ASSOCIATED PRESS, MSNBC.COM). -- Compiled by KOREY CLARK ***************************************************************** ***** #4--GOVERNORS ***** GOVS CRY FOUL OVER GAS GOUGING: Eight Democratic governors last week accused oil companies of gasoline price gouging in the wake of Hurricane Katrina and the onset of Hurricane Rita. In a letter sent to President Bush and congressional leaders, governors Ted Kulongoski of OREGON, Jim Doyle of WISCONSIN, Jennifer Granholm of MICHIGAN, Rod Blagojevich of ILLINOIS, Bill Richardson of NEW MEXICO, Tom Vilsack of IOWA, Brian Schweitzer of MONTANA and Christine Gregoire of WASHINGTON urged an investigation into what they called "excessive profits being made by oil companies who are taking advantage of the national crisis." They cited as proof a recent University of Wisconsin study that says the historic markup between the price of a gallon of crude oil and a gallon of gasoline is about 90 cents. According to the UW study, current crude oil prices would have to be approximately $95 per barrel in order to justify gas prices that have climbed well over $3 per gallon in many cities across the country. Crude oil, however, has fluctuated between only $65 and $70 per barrel since Katrina hit at the end of August. The study's author, UW economist Don Nichols, said in his report that "The disconnect between gasoline and crude oil prices is quite remarkable." The petroleum industry of course disagrees. Ed Murphy, a spokesperson for the Washington D.C.-based American Petroleum Institute, says the real problem is a lack of supply, which he says was already dangerously low before Katrina and much worse afterward. "That put an upward pressure on petroleum prices. It's a no-brainer," he said. President Bush has assigned Attorney General Alberto Gonzales to investigate any price-gouging allegations, and in Congress, 22 senators are co- sponsoring legislation introduced by Washington Sen. Maria Cantwell (D) that would allow the Federal Trade Commission to impose civil and criminal penalties on oil and gas companies found to have enacted "unconscionably excessive" price increases. (WASHINGTON POST, STATESMAN JOURNAL [SALEM]) SCHWARZENEGGER FINALLY LAUNCHES COUNTERPUNCH: For months, CALIFORNIA Gov. Arnold Schwarzenegger (R) has endured blistering media attacks from his opponents -- mostly unions for teachers, nurses and firefighters -- opposed to his "Year of Reform" agenda. The result has been a dramatic drop in his popularity and questions whether he would even run for re-election in 2006. All the while, the former movie strongman, who made a fortune by playing decisive characters that usually destroyed challengers in a blast of massive, muscled retaliation, has offered, at best, only a tepid response. That has left some Republican strategists - - and GOP donors -- more than a bit perplexed and concerned. But Schwarzenegger last week gave worried supporters weary of seeing their guy take a public flogging a major morale boost by announcing his plans to run again next year. Just days later he also began his own media campaign by airing the first two of what is expected to be a slew of television ads promoting his proposed reforms on the Nov. 8 special election ballot. "So far, this campaign has been very one-sided; the only thing the people have heard about the governor's reform agenda is what they heard from union bosses," said Schwarzenegger spokesperson Todd Harris. "Now, they will hear from the governor and learn why he believes these reforms are critical." The question many are still asking, however, is what took him so long to get to it? "It's about time," said Sacramento State University political communication professor Barbara O'Connor, who notes that "he needs to stop the hemorrhaging" caused by his opponents' efforts to terminate him. Money appears to be at the heart of Schwarzenegger's hesitation, according to observers like Jaime Regalado, executive director of the nonpartisan Pat Brown Institute of Public Affairs. "There's some angst in his administration and in his campaign that speaks to not having the money they thought they'd have and at the other side spending so much on their ads," Regalado said. Even Schwarzenegger conceded that money has been an issue, noting that "We don't want to spend the money that early. I don't have the hundred million dollars. We have to raise a certain amount in order to be successful the last six weeks of a campaign, not the entire year." Although Schwarzenegger is expected to contribute millions of his own dollars to the effort, his reform package, which includes a proposal to bar unions from using member dues to fund political campaigns without the permission of the rank and file, is still likely to be a very hard sell in a heavily- unionized, heavily Democratic state like California. That challenge doesn't seem to faze Mike Murphy, Schwarzenegger's campaign attorney, who says "the preseason's over, now the campaign has begun." (SACRAMENTO BEE, LOS ANGELES TIMES, SAN JOSE MERCURY NEWS, SAN FRANCISCO CHRONICLE, SAN DIEGO UNION TRIBUNE) PRESIDENT BARBOUR? MISSISSIPPI Gov. Haley Barbour (R) has received significant praise from most quarters for his deft handling of the disaster wreaked upon his state by Hurricane Katrina. Now that performance has some supporters lauding him as a possible presidential candidate in 2008. Some Web sites are already hawking "Haley Barbour for President in 2008" bumper stickers, shirts and buttons, while at least one long-time Republican is openly predicting Barbour will win the GOP nomination and face off with former First Lady and current NEW YORK Sen. Hillary Rodhman Clinton (D). Barbour's legitimacy as a candidate is already stirring debate as Democrats and Republicans alike have pointed out several things that could hurt a potential candidacy, most notably his long career as a Washington D.C. lobbyist previous to running for governor. Others note that Clinton is far from a shoo-in herself, as she is likely to face a brutal primary battle with former vice-presidential candidate John Edwards of NORTH CAROLINA. Mississippi Republican Party Chairman Jim Herring says he believes Barbour is doing "a great job," but adds that "the last thing on his (Barbour's) mind is his political future." Barbour has so far refused to comment on any of the speculation. (CLARION-LEDGER [JACKSON]) GOVERNORS IN BRIEF: MASSACHUSETTS Gov. Mitt Romney (R) proposed last week that Bay State teacher pay raises be linked to student test scores and other measures. Romney's plan, which needs legislative approval, would designate $68 million in bonus money that would be awarded to around 25,000 teachers. Massachusetts has rejected several teacher merit pay proposals in previous years (BOSTON GLOBE). * OHIO Gov. Bob Taft (R) is facing further investigation -- and renewed calls for his resignation -- by the state ethics commission for failing to report two additional gifts on his annual financial disclosure statement. Taft was recently convicted of four ethics violations for not reporting dozens of lobbyist-supplied golf outings and other gifts. Taft agreed to pay a $4,000 fine and apologize to Buckeye State residents. Under that agreement, he also cannot be charged with further violations unless they meet felony status. The revelation came about a week after a spate of polls indicated that about half of all Ohioans believe Taft should resign over the scandal. Taft has vowed to fulfill his term (TOLEDO BLADE). * KENTUCKY Gov. Ernie Fletcher (R) vowed to seek re-election despite a growing scandal of his own. Fletcher recently asked for the resignation of nine senior state officials -- four that were previously indicted and later pardoned for illegal hiring practices along with five others -- and called on the chairman of the state Republican Party to step down. The state GOP rejected his request (CINCINNATI ENQUIRER, COURIER-JOURNAL [LOUISVILLE], NEW YORK TIMES). -- Compiled by RICH EHISEN ***************************************************************** ***** #5--IN THE HOPPER ***** 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 2005 prefiles last week: 459 Number of 2005 Intros last week: 379 Number of bills enacted/adopted last week: 235 Number of 2005 prefiles to date: 34,578 Number of 2005 Intros to date: 158,013 Number of enacted/adopted overall in 2005: 38,074 -- Compiled By JAMES ROSS (measures current as of 9/22/2005) Source: State Net database ----------------------------------------------------------------- The week in session States in Regular Session: DC, MA, MI, NY, PA, US, WI States in Skeleton Session: OH States in Special Session: PA "a" States in Recess: CA, IL, NH, NJ Special Sessions in Recess: CA "a", DE "a", OK "a" States Projected to Adjourn: States in Special Session Projected to Adjourn: States Adjourned in 2005: AK, AL, AR, AZ, CO, CT, DE, FL, GA, HI, IA, ID, IN, KS, KY, LA, MD, ME, MN, MO, MS, MT, NC, ND, NE, NM, NV, OK, OR, RI, SC, SD, TN, TX, UT, VA, VT, WA, WV, WY States in Special Session Adjourned in 2005: AK "a", AL "a", CT "a", GA "a", KS "a", ME "a", ME "b", MN "a", MO "a", MS "a", MS "b", MS "c", MS "d", NV "a", TX "a", TX "b", UT "a", VT "a", WI "a", WV "a", WV "b", WV "c", WV "d" -- Compiled By JAMES ROSS (session information current as of 9/23/2005) Source: State Net database ***************************************************************** ***** #6--HOT ISSUES ***** BUSINESS: A MARYLAND court rules that employees injured on the job have the right to collect workers' compensation benefits, even if they are in the country illegally. The decision upheld a previous ruling by a lower court (CAPITAL NEWS SERVICE [COLLEGE PARK]). * The MICHIGAN House endorses a bill that would allow both in-state and out-of-state wine makers to ship limited quantities of vino directly to consumers. The bill would limit direct shipments from each winemaker to 500 cases per year. It now pops a cork in the Senate (SOUTH BEND TRIBUNE). * Also in MICHIGAN, Gov. Jennifer Granholm (D) signs legislation that makes it illegal to sell or rent adult-rated video games to anyone under the age of 18. Retailers that violate the new statute face up to two years in jail -- a real one, not on video -- and a $10,000 fine (SOUTH BEND TRIBUNE). * Responding to more than 1,400 consumer complaints of gas pump gouging since Hurricane Katrina, the PENNSYLVANIA Senate approves a measure that would empower the state attorney general to investigate gasoline price increases of 20 percent or more after the governor declares a disaster emergency. The proposal heads to the House (PATRIOT NEWS [HARRISBURG]). * CALIFORNIA Gov. Arnold Schwarzenegger (R) signs SB 513, legislation that requires private institutions to defer for six months any financial obligations owed by an active member of the California National Guard killed in the line of duty (STATENET DATABASE). CRIME & PUNISHMENT: The ILLINOIS Supreme Court rejects a plea from news organizations to allow cameras and microphones into Prairie State trial courtrooms. Appellate courts and the state Supreme Court already allow cameras. The Court dismissed the request without comment (DAILY HERALD [SPRINGFIELD]). * WISCONSIN becomes the latest state to require its most dangerous sex offenders to wear devices that allow them to be monitored electronically via satellite. The Badger State also announced it will soon post offenders' exact addresses on the state's sex offender registry. FLORIDA, MISSOURI, OHIO and OKLAHOMA also mandate that people convicted of certain sexual offenses wear satellite tracking devices (MILWAUKEE JOURNAL SENTINEL). * CALIFORNIA Gov. Arnold Schwarzenegger (R) signs into law a package of bills that outlaw human trafficking, making the practice a felony punishable by up to eight years in prison. Offenders can also still be prosecuted for additional crimes associated with the slave trade, including pimping and rape (LOS ANGELES TIMES). EDUCATION: A federal court rules that the reference "under God" makes it unconstitutional to recite the Pledge of Allegiance in public schools. The decision currently applies only to certain school districts in CALIFORNIA, where the suit originated. Opponents vowed to appeal the ruling to the 9th U.S. Circuit Court of Appeals. Affirmation there would apply the ruling to nine western states (ASSOCIATED PRESS). * KANSAS education officials announce that starting in fall of 2006 they will require meningitis vaccinations for all incoming college freshman who attend public universities and who will live in campus housing. The decision came in response to a request by the Centers for Disease Control that all freshmen receive the vaccination (KANSAS CITY STAR). * The MICHIGAN Senate approves a bill that would require Wolverine State public schools to hold off starting classes until after Labor Day. Lawmakers looking to boost the summer travel season and increase tourism want restaurants, hotels and other tourism-related businesses to be able to retain their teen workers for a few extra weeks. The measure graduates to Gov. Jennifer Granholm (D) for review (LANSING STATE JOURNAL). ENVIRONMENT: Wildlife officials in SOUTH DAKOTA reject a request to postpone the start of the state's first official mountain lion hunt, which is set to run from Oct. 1 to Dec. 15. Opponents say the hunt, which will allow as many as 25 lions to be shot in the Black Hills, will decimate the lion population there. A CALIFORNIA animal advocacy group has indicated it might go to court in an effort to stop the hunt (SIOUX CITY JOURNAL). * The MICHIGAN House passes HB 5176, legislation that would ban Canadian waste from Wolverine State landfills. The ban is dependent upon the federal government's anticipated approval later this year of a proposal to give states the authority to ban foreign trash (SOUTH BEND TRIBUNE). HEALTH & SCIENCE: A federal court rules that the federal government did not violate the law by barring VERMONT from importing prescription drugs from Canada. The Green Mountain State is so far the only one to seek federal permission to establish such a program. State officials are considering an appeal (RUTLAND HERALD). * ARIZONA officials begin a new media marketing campaign that encourages teens to abstain from sex, but to use a condom if they do engage in sexual activity. The new message marks a departure from the Grand Canyon State's previous "Sex Can Wait" effort, which concentrated only on pushing abstinence and not protection (ARIZONA DAILY STAR [TUCSON]). HOMELAND SECURITY: The Mexican Consulate in IOWA announces it will begin issuing matricular consular ID cards to Mexican citizens living in the Hawkeye State. As many as 200 immigrants are expected to receive the card, which serves as official identification that allows the holder to, among other things, open bank accounts and board airplanes (SIOUX CITY JOURNAL). SOCIAL POLICY: The MASSACHUSETTS Legislature overwhelmingly rejects a proposal to change the Bay State Constitution to ban gay marriage. The measure, which won narrow approval last year, needed to pass in two consecutive sessions in order to be placed on the ballot for voters to decide (ASSOCIATED PRESS). * The MISSOURI Legislature approves a measure that would allow parents to sue anyone who helps a minor girl obtain an abortion without their permission. The bill would also require doctors who perform abortions to have clinical privileges at a hospital within 30 miles of the clinic where the procedure is performed. Gov. Matt Blunt (R) is expected to sign it into law (ST. LOUIS POST- DISPATCH). POTPOURRI: SOUTH DAKOTA transportation officials adopt a 70-mph speed limit for five of the Coyote State's rural highways. The current limit is 65 mph. The new standards will be effective in mid October (SIOUX CITY JOURNAL). * CALIFORNIA Gov. Arnold Schwarzenegger (R) signs AB 823, legislation allowing the Golden State to join 47 others in a pact to provide emergency responders and other resources to disaster locations. California firefighters had previously rejected being in the pact out of fear they would have less legal protection and death and disability benefits if hurt while working in another state (LOS ANGELES TIMES). -- Compiled by RICH EHISEN ***************************************************************** ***** #7--UPCOMING STORIES ***** Here are some of the stories you will see in upcoming issues of the State Net Capitol Journal: The global warming fallout on insurance carriers Feds push for IPv6: Will states follow? Bear of a problem - de-listing the grizzly in WYOMING Reining in the Third House: The effort to regulate lobbying TEXAS telcos get free pass into cable; will other states follow? And many more... ***************************************************************** ***** #8--ELECTIONS ***** UPCOMING ELECTIONS (09/22/2005 - 10/13/2005): 09/27/2005 Massachusetts Special Election Senate 2nd Middlesex 09/30/2005 Massachusetts Special Election Senate 2nd Middlesex 10/04/2005 California Special Primary US House (Cox 48) 10/04/2005 South Carolina Special Election House 024 ***************************************************************** ***** #9--ONCE AROUND THE STATEHOUSE LIGHTLY ***** SOME DECISIONS MAKE THEMSELVES: The inspector wasn't quite sure that Osman Salah deserved a passing grade as he neared the end of a road test for his driver's license. Salah apparently had committed a few miscues but nothing onerous enough to disqualify him from driving around TENNESSEE. Then, without warning, reports the Tennessean, Salah turned an iffy into a no-brainer: He finished his exam by plowing through the front window of the Murfreesboro testing station, injuring two of the 25 startled patrons inside. Salah can take the test again after seven days. WHAT WOULD TOTO SAY? The state of KANSAS is taking its lumps these days, thanks to an ongoing debate over how -- or whether -- to give evolution and intelligent design equal weight in Jayhawk schools. Some Kansans are worried that because the state board of education is under pressure to allow intelligent design to be taught alongside evolution, the state itself will be regarded as anti-science. The Lawrence Journal-World notes Kansas University Provost David Shulenburger's concern that the debate has damaged his institution by making it more difficult to recruit faculty and top students. KU recently dropped to 45th among public universities in U.S. News and World Report rankings, and the provost partially blames the debate. Meanwhile, others fear that Kansas will become a laughing stock. Their evidence: A Kansas City Star report that "The Daily Show with Jon Stewart" had devoted four nights to the debate over intelligent design, including a "correspondent" sent to the Galapagos Islands. Where's the Wizard of Oz when you really need him? WHAT WOULD RAY SAY? It's over. " GEORGIA on My Mind" is no longer the official anything for the Peach State. According to the Atlanta Journal-Constitution, the song and slogan have been retired -- replaced with "Put Your Dreams in Motion." The new phrase was chosen, say economic development officials, because it "conveys a sense of something happening." Yeah, the old slogan -- and especially the song -- didn't convey anything but mellow afternoons under broad magnolias. It did, however, have character and was instantly evocative of a place and mood. It also, ironically, had the name "Georgia" in it. "Put Your Dreams in Motion" could apply to, say, MAINE or NEW MEXICO, or even IDAHO. THUMB ON THE SCALE DEPARTMENT: The record for the largest catfish caught in INDIANA is safe for now. Don Kershaw thought he broke it, reports the Indianapolis Star, when he sent the state an authenticated notice that he'd nabbed an 85-pound flathead. But the Dept. of Natural Resources denied his claim after testing the scales Kershaw used to weigh his catch. Seems the scale was a tad off. Instead of 85 pounds, the fish officially cranked up to only 66 pounds -- a 22 percent variance. Good thing that scale wasn't weighing pork chops for a local butcher. COASTAL WAR ZONE: Although it's been 42 years since Jan and Dean first blew "Surf City" through teenage brains, it's reasonably certain that the name didn't refer to Santa Cruz. Yet that central CALIFORNIA coastal city has claimed the nick anyway -- which puts it in direct conflict with the southern California coastal city of Huntington Beach. Both want to be known as "Surf City USA," and they've waged war over it for 15 years. But now, Huntington Beach has fired a nasty salvo. According to The Associated Press, the Orange County enclave has gone to court to solidify its claim. Not to be outdone, Santa Cruz has recruited its local state senator - - Democrat Joe Simitian -- to propose a legislative resolution that bestowed the name on Santa Cruz. Orange County, of course, is GOP territory, and Simitian's effort generated a response from Republican Sen. John Campbell, who had a mighty powerful ally. No, not Arnold Schwarzenegger. Dean Torrence -- the "Dean" of Jan and Dean -- who wrote the song. His take: It was always Huntington Beach. -- By A.G. BLOCK ***************************************************************** ***** #10--IN CASED YOU MISSED IT ***** In case you missed it: REAL ID The September 5 issue of the State Net Capitol Journal took a close look at some of the significant problems states will face in meeting new federal driver's license standards, also known as the REAL ID Act. The Bush administration has suggested implementing the Act will cost states $100 million over five years; states say that not only will it rob them of the right to set their own standards, it will also cost closer to $13 billion. In case you missed it, the full story can be viewed on our Web site at www.statenet.com. (See archives under the Resources tab) ***************************************************************** State Net Publications """""""""""""""""""""" Editor: Rich Ehisen, e-mail: capj@statenet.com Assoc. Editor: Korey Clark, e-mail: capj@statenet.com Contributing Editor: A.G. Block, e-mail: capj@statenet.com Copyright 2005, Information for Public Affairs, Inc. ***************************************************************** To receive future issues in PDF or HTML format contact our Help Desk at 800/726-4566 or email helpdesk@statenet.com. To unsubscribe, go to http://statenet.com/unsubscribe *****************************************************************