Tough times spark wave of mayoral recalls
 
With the Great Recession continuing to wreak havoc across the nation, this has been a tough year for elected officials. But while much of voters' discord has played out in Congressional primary elections, some of the angriest and most outspoken are instead focusing their attention closer to home, often not even waiting for Election Day.
 
Across the nation, mayors and other elected officials are increasingly finding themselves the target of recall campaigns, frequently over actions those leaders have taken to keep their cities solvent. Over the last two years, the list includes mayors from cities in MICHIGAN, OHIO, OREGON, TENNESSEE, MISSOURI, WISCONSIN, NEW JERSEY, CALIFORNIA, NEBRASKA and ALASKA among others. 
 
The latest came last week, when a campaign was started to oust Miami-Dade County, FLORIDA mayor Carlos Alvarez after he and eight county commissioners approved a 13 percent property tax rate increase to help close a budget shortfall. The effort — the second this year against Alvarez — was started by billionaire auto dealer Norman Braman, who was joined in the announcement by state Rep. Carlos Lopez-Cantera (R), the Legislature's majority whip. Although Braman had vowed to seek a recall against any official who backed the tax hike, the effort so far targets only the mayor. 
 
Alvarez defended the increase, saying it was needed to protect vital county services. But critics like Braman are also quick to point out that the hike, which will produce around $178 million in new revenues, comes on the heels of the county endorsing new labor contracts that grant workers $132 million in pay raises. Others note a recent decision, supported by Alvarez, to use county funds to help pay for a new stadium for Major League Baseball's FLORIDA Marlins in Miami's Little Havana area, a move the mayor defended as creating jobs. 
 
The Alvarez recall campaign came just days after a similar effort was launched to remove Omaha, NEBRASKA mayor Jim Suttle. Recall supporters cited Suttle's alleged "attempts to raise taxes in the midst of a recession." Suttle responded last week, calling the campaign "expensive, divisive and reckless" and saying it would cost the city $900,000 in election expenses. 
 
While those campaigns have yet to play out, recall supporters claimed victory this August with the voter-endorsed removal of Livingston, CALIFORNIA mayor Daniel Varela Sr., who enraged residents with his support of a water-rate increase. Varela said he endorsed the rate hike to pay for upgrading the city's rapidly aging water system, which he claimed produced brown, odiferous water. 
 
"We were trying to be responsible," he said. "But as soon as the rates started to kick in, people who weren't paying attention were suddenly irate." 
 
Flint, MICHIGAN mayor Dayne Walling can likely relate to Valera's plight, though with far better personal results. Walling faced down a recall effort earlier this year after he resorted to laying off police and firemen when their unions failed to agree to the concessions he had sought. Walling had also already cut his own salary, auctioned off the mayor's car and started paying his own cell phone bills. 
 
That campaign was not overly surprising: mayoral recalls have been a regular occurrence in Flint, including a successful effort in 2002. Another mayor resigned before being recalled in 2009. More shocking, perhaps, is a recall effort underway in Detroit, where mayor Dave Bing is an icon from his days as an All Star guard for the NBA's Detroit Pistons. Bing's crime: his decision to reduce city bus service in the face of historic budget shortfalls. 
 
The rise of the tea party has also helped fuel recalls in several states, including an effort earlier this year to remove Chattanooga mayor Ron Littlefield. Tea party advocates were angry over the mayor's decisions to raise storm water fees to comply with federal environmental regulations and to raise property taxes. The campaign collected more than 15,000 signatures, but a judge ruled last month that many were invalid, leaving them shy of enough to force a recall vote. 
 
For all the fervor, most recall efforts often fail to even make it to the ballot. Still, the growing number has inspired Tom Cochran, the executive director of the United States Conference of Mayors, to put together a video to teach mayors about the risk of recall. 
 
"I'm absolutely convinced that we've got more going on than before," he said. Cochran lays the blame on the bad economy as well as the growing number of blogs and social networking sites that make it easier for opponents to organize. 
 
But not everyone thinks the rise in recalls is a bad thing. Supporters contend they provide voters with a necessary tool for checking officeholders' power, giving them the ability to get rid of officials like those in the city of Bell, CALIFORNIA. To many people, Bell, a small working-class city near Los Angeles, has become this year's poster child for civic corruption after revelations of a pay scandal that saw the city manager earning nearly $800,000 a year. The mayor and several other city officials were already facing a recall before eight current or former officials were arrested last month on corruption charges. 
 
Of course, even such high profile charges are no guarantee of a successful recall. In August, Ridgefield, NEW JERSEY mayor Anthony R. Suarez survived a recall effort in spite of being one of 44 people arrested in July 2009 as part of a federal corruption sting. Voters narrowly decided to keep Suarez even though federal authorities have accused him of accepting $10,000 from an informant posing as a corrupt developer seeking help with building permits. Suarez, who insists he is innocent, goes on trial this month. 
 
While few question the use of the recall in cases like Bell and Ridgefield, others do question recall campaigns being used against mayors simply for doing the unpleasant task of trying to keep their city fiscally afloat during historically rough budget times. 
 
"Those are unpopular things, not things that anyone likes to do, but sometimes in a community you have to step up and do what has to be done," says Chattanooga mayor Littlefield. "I hope that the recall environment does not become so pervasive that it discourages people from doing the right thing." (NEW YORK TIMES, MIAMI HERALD, WOWT.COM [OMAHA], CHATTANOOGA TIMES-FREE PRESS, DETROIT NEWS)

Nearly 300 banks have failed during Great Recession
 
Since the start of the Great Recession in December 2007, state and federal regulators have seized control of 290 banks that have come too close to being unable to meet their obligations to depositors. GEORGIA has suffered the greatest number of failures, 44, representing $23.2 billion in assets. But NEVADA, where 10 banks have failed, including the largest, Washington Mutual, leads the nation in total amount of seized assets, at $326.1 billion. Only 11 states have made it through the last three years without any bank failures.

PA HOUSE PASSES HIGHEST SHALE TAX IN NATION: Last week, PENNSYLVANIA's House of Representatives passed SB 1155, a tax on gas extracted from the Marcellus Shale reserve outside Pittsburgh that would be the highest shale levy in the nation. The measure, which Democrats favor and Republicans oppose, would impose a tax of 39 cents per thousand cubic feet of gas extracted, projected to generate at least $200 million for the state's general fund, as well as localities with Marcellus drilling. The Senate, which is in recess until Oct. 12, is unlikely to approve the measure in its current form. The chamber is controlled by Republicans, who instead favor a tax of 1.5 percent of the dollar value of gas extracted. (PITTSBURGH POST-GAZETTE, PATRIOT NEWS [HARRISBURG]) 
 
STATES ROUNDING FISCAL CORNER: The worst may be behind the states, according to the results of a new budget survey from the National Conference of State Legislatures. Forty states are projecting their revenues to grow this fiscal year, while only ALASKA expects them to be lower, due to a decline in oil prices, which provide the bulk of the state's revenues. Six other states — ALABAMA, MICHIGAN, NEVADA, RHODE ISLAND, SOUTH CAROLINA and WYOMING — predict revenues to be flat, while another three — SOUTH DAKOTA, UTAH and WYOMING — did not respond to NCSL's survey (STATELINE.ORG). 
 
BUDGETS IN BRIEF: WASHINGTON's Department of Social and Health Services announced $281 million in contentious cuts last week. The 6.3 percent across-the-board cuts, some of which are scheduled to begin this month, include nearly $113 million from Medicaid programs providing hospice care for the terminally ill and medical care for the disabled, children and pregnant women (SEATTLE TIMES). • ARIZONA's deficit for the current fiscal year has grown by $125 million, to $825 million, while the projected hole for next fiscal year has grown by $400 million, to $1.4 billion (ARIZONA REPUBLIC [PHOENIX])

STATE TAXING IMPACTING CONGRESSIONAL RACES: Twenty-nine states raised taxes by about $24 billion collectively in fiscal 2010, the largest amount in at least three decades, according to the National Governors Association. The on-the-ground reality of all that taxing is upending the election campaigns of some Democratic congressmen and aspiring congressmen — particularly those coming out of state office — and threatening congressional Democrats' plans to allow some Bush-era tax cuts to expire. 
 
Most Congressional Democrats support the Obama administration's plan to let the top two federal income tax rates return to their higher, pre-Bush levels. But more than 30 Democrats in the U.S. House have publicly expressed their desire to extend all of the Bush cuts at least temporarily. Several of them are facing tough re-election battles in high-income, high-tax areas. The situation is only slightly less unfavorable for the Democrats in the U.S. Senate, where at least five members of the caucus have voiced concern about raising taxes. 
 
Congressional hopefuls like PENNSYLVANIA Rep. Bryan Lentz (D) are also feeling the anti-tax heat. Having narrowly defeated a longtime Republican incumbent in 2006 to claim his state legislative seat, Lentz has supported a number of tax proposals in the time since, including a phasing out of the sales tax rebate for retailers and a tax on the production of natural gas from shale. Although not all of the measures have become law, his voting record has opened him up to attacks from his Republican rival in the state's 7th Congressional district, U.S. Attorney Pat Meehan. 
 
"I take Bryan to task" for his tax and budget record, including "voting for the $1 billion in...new expenditures, and $500 million in new taxes, another job-killing thing," Meehan said during his first debate with Lentz in August. 
 
Even before then, Lentz joined the growing number of Democrats breaking party ranks on the Bush tax cuts when he told the crowd at a town hall meeting in July that he would support extending several of the cuts for the wealthiest Americans. But as a former Army Ranger and Iraq war veteran, he rejects the idea that he's giving ground because of his opponent's attacks. 
 
"Unlike Pat [Meehan] I've had to vote on a budget," he said during the candidates' second debate in late August. "In Washington D.C. they have a credit card...In Harrisburg we have to balance the budget." (WALL STREET JOURNAL) 
 
SOCIAL CONSERVATIVES HEATING UP HIGH COURT RACES: Four sitting justices on the KANSAS Supreme Court could lose their seats on Nov. 2. The same goes for three justices in COLORADO and three in IOWA. 
 
None of the justices actually faces an opponent in next month's election, only a simple retention vote, typically nothing more than a formality. In KANSAS, for instance, no justice has ever failed to win approval on such a vote by less than a two-thirds majority. 
 
But this year, the anti-abortion group Kansans for Life is seeking to clear the state's high court of justices it believes oppose stricter regulation of abortion clinics. In COLORADO, a group called Clear the Bench wants to unseat three justices over their loose interpretation of constitutional limits on the taxing authority of state and local governments. And in IOWA, the group Iowa for Freedom, backed by the American Family Association and the National Organization for Marriage, is trying to remove three of the state's seven Supreme Court justices over their position on gay marriage, and it has reportedly spent more than $235,000 on statewide television ads. 
 
"We are seeing more states become battlegrounds for court wars," said Bert Brandenburg, executive director of Justice at Stake, a nonpartisan group based in Washington, D.C. "It's going to get nastier, more expensive and rawer, with each cycle." 
 
States like KANSAS, COLORADO and IOWA are among 13 in which Supreme Court justices are selected by the governor from a list of finalists picked by nominating commissions entirely independent of the states' legislatures. Supporters of those systems say they insulate the states' judiciaries from politics. 
 
"It's a risky path to go down," said KANSAS attorney Dan Lykins, a prominent Democratic contributor to And Justice for All, the counter-campaign to Kansans for Life. "We've always had good judges appointed by governors, both Republicans and Democrats." 
 
But social conservatives say they're frustrated with what they perceive as judicial activism and the courts' lack of accountability. 
 
 
"There's a lot of concern and unrest in the country," said Tom Brejcha, president of the Thomas More Society, an anti-abortion law firm based in Chicago, "and people want to force these issues." (CHICAGO TRIBUNE) 
 
2010 CENSUS WINNERS AND LOSERS: A new analysis of state population statistics by the political consulting firm Election Data Services suggests the biggest winners in the upcoming Congressional reapportionment will be in the West and South. According to EDS' analysis of population figures compiled by a private demographics company, GEORGIA, NEVADA, SOUTH CAROLINA and WASHINGTON could each pick up an additional seat, while FLORIDA could gain two more seats and TEXAS could garner four. The biggest losers, by EDS' reckoning, will be in the Midwest and East. EDS predicts ILLINOIS, IOWA, LOUISIANA, MASSACHUSETTS, MICHIGAN, MISSOURI and NEW JERSEY will all lose a seat, and NEW YORK and OHIO will lose two seats apiece. Exactly how the U.S. House of Representatives' 435 seats will be divvied up, however, won't be known for certain until the U.S. Census Bureau issues its final 2010 population counts in December. (NEW YORK TIMES) 
 
POLITICS IN BRIEF: According to a study by Ballotpedia, 375 — or 6 percent — of next month's 6,125 state legislative races will not feature an incumbent because of term limits. The GOP, with 190 incumbents termed out this year, is taking a slightly bigger hit than the Democratic Party, which is losing 182 incumbents (BALLOTPEDIA).

DO ANTI-TEXTING LAWS MAKE ROADS LESS SAFE? Thirty states currently bar drivers from sending or receiving text messages while behind the wheel. Almost a dozen of those laws were adopted this year. In theory, that should make roads in those states safer. But a meeting of the Governors Highway Safety Association (GHSA) was told last week that anti-texting laws are ineffective at best and, at worst, could actually lead to even more wrecks on state and federal roadways. 
 
That was the conclusion of a report introduced last week by the Highway Loss Data Institute (HLDI), the research arm of the insurance industry-funded group Insurance Institute for Highway Safety (IIHS). The study compared crash data in four states — CALIFORNIA, LOUISIANA, MINNESOTA and WASHINGTON — up to 18 months before and 22 months after they adopted text bans. That data was cross-referenced with patterns of claims from nearby states where texting laws did not apply during the time frame of the study. According to the study, only WASHINGTON didn't experience a sharp rise in traffic accidents after the ban went into effect.  
 
While no clear causal link exists, the group theorizes that texting drivers go to greater lengths to avoid being seen by police, often holding their phones at a lower angle where they can be hidden from view. That, the group says, forces drivers to take their eyes even further from the road and for a longer time, thus increasing the chances for an accident. 
 
"The point of texting bans is to reduce crashes, and by this essential measure the laws are ineffective," said IIHS president Adrian Lund.  
 
"When states passed seat belt laws, there was virtually an immediate benefit with more people buckled up and fewer deaths in crashes. With teen driving laws it was virtually an immediate benefit, and we just aren't seeing benefits with cell phone laws," added Russ Rader, also a spokesperson for the Insurance Institute for Highway Safety. 
 
Those conclusions, however, drew a strong rebuke from U.S. Transportation Secretary Ray LaHood, a staunch advocate for anti-texting laws.  
 
"This report is completely misleading," he said. "Distracted-driving-related crashes killed nearly 5,500 people in 2009 and injured almost half a million more. Lives are at stake, and all the reputable research we have says that tough laws, good enforcement and increased public awareness will help put a stop to the deadly epidemic of distracted driving on our roads." 
 
GHSA spokesperson Jonathon Adkins also discounted the report's findings, saying it is too early to definitively determine whether the laws work.  
 
"Our reaction [to the institute report] is that we are not surprised as state enforcement of texting bans is really now just getting underway," he said, noting that the ongoing economic slump has made it tougher on states to enforce anti-texting laws than with previous efforts to curb distracted driving.  
 
"There is not currently a federal pool of money for states to access for distracted-driving enforcement much like there is for drunk driving and seat belt use," he said.  
 
Not surprisingly, the report did not convince the GHSA to change its policy on distracted driving, which encourages states and the federal government to ban all text messaging while behind the wheel. (USA TODAY, WASHINGTON POST, COLUMBIA DAILY TRIBUNE, INSURANCE INSTITUTE FOR HIGHWAY SAFETY, GOVERNORS HIGHWAY SAFETY ASSOCIATION) 
 
SCHWARZENEGGER PUSHES CLIMATE LAW: Faced with a budget that is already more than two months late, CALIFORNIA Gov. Arnold Schwarzenegger (R) nonetheless found time to step away from negotiating with Golden State lawmakers last week long enough to publicly defend the state's greenhouse gas reduction law, AB 32, which is being challenged by a measure on the November ballot.  
 
Schwarzenegger traveled up and down the Golden State urging voters to reject the measure, which would halt the law until the CALIFORNIA unemployment rate falls to 5.5 percent or less for four straight quarters, something that has happened only three times since 1970. The governor repeatedly noted that virtually all of the measure's financial support has come from TEXAS-based oil companies like Valero and Tesoro, asking crowds, "Does anyone really believe that these companies, out of their black-oil hearts, are really spending millions and millions of dollars to protect jobs? It's not about jobs at all. It's about their ability to pollute and thus protect their profits." 
 
When not on the campaign trail, Schwarzenegger also addressed over 700 hundred bills awaiting action (See Hot Issues for a rundown on several of the key measures) before the September 30th deadline. By the time he was done, Schwarzenegger had vetoed approximately 270 and signed 480. That total included signing a measure (SB 880) that required minors to wear a helmet while snowboarding or skiing...and vetoing a companion bill (AB 1652) that was a requirement to implement the Senate bill. (STATE NET, LOS ANGELES TIME, FORBES.COM) 
 
GOVERNORS IN BRIEF: NEW MEXICO Gov. Bill Richardson (D) defended his administration's plans to use $2.8 million in stimulus funds to buy a 12,000 acre ranch and turn it into a wild horse preserve. Richardson said the preserve will boost tourism and create jobs. The plan has drawn harsh criticism from state lawmakers and both gubernatorial candidates, who contend the federal money should be spent on human needs (DAILY HERALD [PROVO]. • NEVADA Gov. Jim Gibbons (R) remained hospitalized last week after undergoing surgery to repair a broken pelvis he suffered when he was thrown from a horse. Gibbons' doctors said they did not know when he would be able to return home (NEVADA APPEAL [CARSON CITY). • VIRGINIA Gov. Robert McDonnell (R) announced he will declare next April "Civil War in VIRGINIA" month, rather than "Confederate History Month" as he originally announced in April. That earlier proclamation drew heated protests from critics who complained it omitted any references to the role slavery played in the war. McDonnell called that omission an "error of haste and not of heart" (WASHINGTON POST).

BUSINESS: The WASHINGTON Supreme Court rules that the Evergreen State's ban on Internet gambling does not violate the commerce clause of the U.S. Constitution, which protects interstate trade. Opponents of the law say they will appeal in the federal court system (SPOKESMAN-REVIEW [BOISE]). • CALIFORNIA Gov. Arnold Schwarzenegger (R) signs SB 1072, which will allow Golden State gamblers the opportunity to bet on horses to lose. The measure goes into effect in 2012 (LOS ANGELES TIMES). • Also in CALIFORNIA, Schwarzenegger signs SB 1345, which extends to 2016 an exemption that allows the importation of kangaroo body parts, which are used to make soccer shoes and other apparel (LOS ANGELES TIMES). • Also in CALIFORNIA, Schwarzenegger vetoes SB 885, which would have barred the sale of gift cards that contain a "dormancy fee." The governor said the measure would place an unnecessary burden on small businesses (LOS ANGELES TIMES). • Still in CALIFORNIA, Schwarzenegger vetoes AB 2411, which would have brought pet health insurance under the regulation of the state Dept. of Insurance. The governor said the agency already has the authority to oversee the industry (STATE NET). • Again in CALIFORNIA, Schwarzenegger vetoes SB 427, a bill that would have imposed a $5,000 fine on auto repair shops that do not properly restore an airbag that has been deployed in a crash (COLLISIONWEEK.COM). • Staying in CALIFORNIA, Schwarzenegger vetoes AB 482, which would have barred Golden State employers from using the results of a credit report to hire, fire or promote workers (STATE NET). • Schwarzenegger also vetoes CALIFORNIA AB 2187, which would have created a new misdemeanor crime for employers who fail to pay a worker who quits or is terminated their full due wages within 90 days. The governor also vetoed a companion measure, AB 1881, which would have made such workers eligible to receive up to twice the amount they are owed in damages (LOS ANGELES TIMES). • Schwarzenegger also vetoes CALIFORNIA AB 1656, which would have required fur clothing manufacturers to attach conspicuous labels naming the kind of animal used for each garment (SAN FRANCISCO CHRONICLE). • Finally, Schwarzenegger vetoes SB 933, which would have barred CALIFORNIA retailers from charging consumers a fee for using a debit card (SAN FRANCISCO CHRONICLE).  
 
CRIME & PUNISHMENT: A federal appeals court rules that two OREGON laws barring the distribution of sexually explicit material to minors are unconstitutional. A three-judge panel of the U.S. 9th Circuit Court of Appeals said the laws, while laudable in intent, are too broad and potentially criminalize material "no more tawdry than a romance novel." State officials are considering an appeal (LOS ANGELES TIMES). • CALIFORNIA Gov. Arnold Schwarzenegger (R) signs AB 33, which requires the state attorney general's office to supply law enforcement agencies with a list of registered sex offenders living in the area of a child who has been abducted. That list must be provided within two hours of the abduction's report. The measure also contains new guidelines for better training police and related agencies in handling missing person cases (LOS ANGELES TIMES). • Still in CALIFORNIA, Schwarzenegger signs AB 1999, which gives immunity from prosecution to people younger than 21 for drinking alcohol in cases in which they call 911 to report an alcohol-related medical emergency (LOS ANGELES TIMES). • Also in CALIFORNIA, Schwarzenegger signs AB 1601, which authorizes judges to revoke for up to 10 years the driver's license of anyone convicted of drunk driving three or more times within a 10-year period. Current law allows judges to take a three-time offender's license for no more than three years. The law goes into effect in 2012 (CALIFORNIA GOVERNOR'S OFFICE). • Schwarzenegger also signs CALIFORNIA SB 1399, which allows state prison officials to release comatose and physically incapacitated inmates on medical parole. All releases must be approved by the state parole board and prisoners serving life terms or on death row will not be eligible (LOS ANGELES TIMES). • Finally, Schwarzenegger also signs CALIFORNIA SB 1411, which makes it a misdemeanor to impersonate someone online if it is "for the purposes of harming, intimidating, threatening, or defrauding another person." Violators face up to a year in jail and a $1,000 fine (PC WORLD). • The PENNSYLVANIA House approves HB 176, which would bar the manufacture, sale and distribution of five chemicals used to make synthetic marijuana. The chemicals are mixed with other herbs and sold as an alternative to pot. The bill moves to the Senate (PHILADELPHIA INQUIRER).  
 
EDUCATION: The NEW JERSEY Senate Education Committee approves SB 2198, legislation that would allow Garden State universities to authorize and regulate charter schools. It is now with the Senate Committee on Budget and Appropriations (STATE NET). • CALIFORNIA Gov. Arnold Schwarzenegger (R) vetoes SB 515, which would have required Golden State schools, regional occupational programs and community colleges to show that at least half of their course offerings are linked to high-demand workforce needs (STATE NET). • Still in CALIFORNIA, Schwarzenegger vetoes AB 572, which would have required public charter schools to disclose financial conflicts of interest in awarding vendor contracts and to make board meetings open to the public (CALIFORNIA GOVERNOR'S OFFICE). • Schwarzenegger also vetoes CALIFORNIA SB 1451, which would have required Golden State schools to screen the content of new textbooks to ensure they do not contain changes made in the TEXAS education curriculum and to report findings to the Legislature and state education officials (HOSUTON CHRONICLE). • Schwarzenegger also vetoes SB 1157, which would have required CALIFORNIA schools to use the least hazardous pesticides available (CONTRA COSTA TIMES. • The PENNSYLVANIA House endorses HB 2728, which would require state education officials to develop guidelines for educating students and coaches about the dangers and physical repercussions of concussions. The bill, which also requires coaches to be certified in concussion management training every three years, moves to the Senate (PITTSBURGH POST-GAZETTE).  
 
ENVIRONMENT: The NEVADA attorney general's office agrees to allow anyone who can legally possess a firearm to bring a loaded gun into state parks. The agreement settles a lawsuit over a Silver State law barring most state park visitors from carrying loaded weapons (NEVADA APPEAL [CARSON CITY]). • The CALIFORNIA Air Resources Board adopts regulations to require Golden State utilities to get 33 percent of their energy from renewable sources by 2020. CARB officials say the new standard will remove almost 13 million metric tons of carbon from the air per year (SAN FRANCISCO CHRONICLE). • Still in CALIFORNIA, Schwarzenegger signs SB 435, which allows police to cite motorcycle owners if they remove federally required emissions-control equipment such as the catalytic converter. Violators face fines up to $250 (SACRAMENTO BEE). • Schwarzenegger also signs SB 1440, which requires the CALIFORNIA State University system to guarantee admission with junior status to community college students who obtain associate's degrees tailored to specific majors and who meet all requirements for transfer (LOS ANGELES TIMES).  
 
HEALTH & SCIENCE: CALIFORNIA Gov. Arnold Schwarzenegger (R) signs SB 882, making it an infraction to sell or furnish electronic cigarettes to those under 18. Violators face fines up to $1,000 (STATE NET). • Also in CALIFORNIA, Schwarzenegger signs SB 1237, which requires hospitals to disclose radiation overdoses during CT scans and to record the doses from all scans on the patient's medical records (LOS ANGELES TIMES). • Still in CALIFORNIA, Schwarzenegger vetoes AB 2540, which would have barred health insurers from rescinding individual health policies when the holder becomes ill. The governor said the matter is already addressed by the federal health care reform law (LOS ANGELES TIMES).  
 
SOCIAL POLICY: A FLORIDA appeals court strikes down a Sunshine State law that barred gay men and women from adopting children. Gov. Charlie Crist (I) said his administration will immediately cease enforcing the law. The law's supporters are expected to appeal the ruling (MIAMI HERALD). • Ten states sign a legal brief saying a federal court in CALIFORNIA "exceeded its judicial authority" when it ruled that the U.S. Constitution requires legal marriage to include same-sex couples. The states — WYOMING, ALABAMA, FLORIDA, IDAHO, INDIANA, LOUISIANA, MICHIGAN, SOUTH CAROLINA, UTAH and VIRGINIA — weighed in on the case of Perry vs. Schwarzenegger. A federal judge made the ruling in August regarding a challenge to Proposition 8, a voter-approved constitutional amendment limiting marriage to one man and one woman (CASPER TRIBUNE). • CALIFORNIA Gov. Arnold Schwarzenegger (R) vetoes SB 1231, which would have required most government vendors to certify that none of their products are produced by forced labor or in sweatshops (STATE NET). • The PENNSYLVANIA House approves SB 699, which would establish a statewide reporting and investigation process for abuse or neglect of adults with disabilities. It moves to Gov. Ed Rendell (D) for review (PATRIOT-NEWS HARRISBURG) 
 
POTPOURRI: CALIFORNIA Gov. Arnold Schwarzenegger (R) signs SB 5, which allows autopsy reports of homicide victims to be sealed at the request of the victim's parents (LOS ANGELES TIMES). • Still in CALIFORNIA, Schwarzenegger signs AB 2199, which overturns a Golden State law requiring the state to seek a cure for homosexuality (STATE NET). • Also in CALIFORNIA, Schwarzenegger vetoes SB 1207, legislation that would have required local governments to address fire prevention and protection as part of their land-use decisions.

WITH SUPPORT LIKE THAT: As endorsements go, CALIFORNIA state Treasurer and former Attorney General Bill Lockyer's recent shout out to current AG candidate Kamala Harris leaves a lot to be desired. As the San Francisco Chronicle reports, the notoriously blunt Lockyer said that while he supports Harris, a fellow Democrat, he doubts she can beat GOP candidate Steve Cooley. This in spite of, Lockyer says, Cooley being "a mean, gloomy bureaucrat." Lockyer rep Tom Dresslar immediately tossed the comment into the spin cycle, noting that his boss has given Harris financial support and believes "she will make an excellent attorney general." Cooley, meanwhile, thanked Lockyer for the vote of, uh, confidence. 
 
ONE FOR THE BOOKS: You can't blame MASSACHUSETTS Gov. Deval Patrick for looking back with fondness on the good old days of 2008. His good buddy Barack Obama was drawing waves of support on his historic march to the White House, scooping up more than a few colleagues in the happy vibes all along the way. Patrick's connection to the then-phenom — and best selling author — Obama helped the gov land a $1.35 million book deal to tell his own rags-to-riches story. Fast forward to the present, where the Boston Herald reports that the gov's anything-but-certain re-election has the folks who signed that check just a bit nervous. It seems there is not likely much of a market for an "inspirational" political book from a politico who gets ousted after one term. Polls show Patrick in a dead heat with Republican rival Charlie Baker. His book is due out later this year. 
 
TRUST HIM TO DO WHAT? Quick, what do top brass from Microsoft, Yahoo and the Harvard Business School have in common with impeached ILLINOIS Gov. Rod Blagojevich? As the Chicago Tribune reports, they will all be on a panel billed as a "Trust Forum" in New York City this week. Organizers say they included Blago in the event, which is part of the Big Apple's Advertising Week, to obtain his "unique take on trust." Unique indeed: the former gov was convicted last month of lying to the FBI, though jurors deadlocked on 23 other corruption counts. His retrial is set to start next January.  
 
NOT JUST ANOTHER JOE: The first clue things were amiss for NORTH DAKOTA state Sen. Joe Miller came when folks started ringing up his office asking for campaign lawn signs, odd in a year he was not up for re-election. Then it was the interview requests, often from media outside the Flickertail State. Alas, scribes and hopeful voters soon learned they were talking to the wrong Joe Miller. As the Forum of Fargo-Moorhead reports, the Joe Miller reporters were looking for is the tea party candidate in ALASKA who recently took on and defeated incumbent Sen. Lisa Murkowski in the state's Republican primary. The media calls were goofy enough — Miller's web site clearly says NORTH DAKOTA at the top — but he says he really gets a chuckle from the weekly yard sign calls that come from folks in ALASKA. "That's what's hilarious," he says.