State Net ************************************************** C A P I T O L J O U R N A L ************************************************** News & Views from the 50 States ================================================================= Volume XVII, No. 33 Monday, November 2, 2009 ================================================================= ##### TOP OF THE NEWS ##### SNCJ SPOTLIGHT ............................1 * Typical but not trivial Election Day for ballot measures BUDGET & TAXES ............................2 * States making mid-year budget cuts POLITICS & LEADERSHIP ............................3 * High court election key to PA redistricting GOVERNORS ............................4 * Baldacci urges "no" vote on gay marriage ban UPCOMING STORIES ............................5 HOT ISSUES ............................6 IN THE HOPPER ............................7 ONCE AROUND THE STATEHOUSE LIGHTLY ............................8 IN CASE YOU MISSED IT ............................9 CORRECTIONS ...........................10 *** The next issue of Capitol Journal will be available on November 9th. ***************************************************************** ***** #1--SNCJ SPOTLIGHT ***** Typical but not trivial Election Day for ballot measures Voters in six states will consider a total of 26 propositions this week. TEXAS' ballot, with 11 measures, will be the most crowded, followed by MAINE's, with seven. The other four states with initiatives on the ballot are OHIO (three measures), NEW YORK (two measures), WASHINGTON (two measures) and NEW JERSEY (one measure). While the total number of propositions is far below the 153 on state ballots last November, it's fairly typical for an off-year election. In the last three such contests, in 2007, 2005 and 2003, there were 34, 39 and 22 ballot measures, respectively. This week's measures may be diminutive in number, but they're not entirely lacking in weight. MAINE and WASHINGTON will host the latest skirmishes in the battle over same-sex marriage, which has been raging since 2004 when MASSACHUSETTS Supreme Judicial Court deemed it unconstitutional to allow only heterosexuals to marry. Since then, the nationwide conflict has been pretty one-sided the other way, with 32 of 33 proposed gay marriage bans obtaining voter approval. In MAINE, same-sex marriage opponents have qualified a referendum to repeal the state's new marriage equality law, passed in May. Opponents of the ballot measure, Question 1, have reportedly raised more than twice as much as its backers ($2.7 million compared to $1.1 million), but opinion polls have been mixed on the proposition's prospects. Voters in WASHINGTON, likewise, will decide whether to uphold a state law granting same-sex domestic partners many of the same rights as married couples. Campaign fundraising in the Evergreen State has been even more lopsided. As of mid-October, groups seeking the repeal of the domestic partnership law had raised about $60,000. Supporters of the law, meanwhile, had raised about $1 million. But while various polls have shown a majority favor Referendum 71 -- that is, support upholding the domestic partnership law -- in some surveys the majority is narrow. Ballots in MAINE and WASHINGTON will also provide a temperature reading of Americans' attitude about government spending in the wake of a major recession and a massive expansion of federal spending. MAINE's Question 4, dubbed TABOR II, after COLORADO's Taxpayer Bill of Rights measure approved in 1992, and WASHINGTON's Initiative 1033 would both restrict state spending and require voter approval for future tax increases. COLORADO's voters rejected a similar measure in 2006, 54 percent to 46 percent. But in WASHINGTON, although opponents of I-1033 had raised over $2.5 million to proponents' $1 million as of late October, a SurveyUSA poll earlier in the month showed voters favored the initiative by a 13 percent margin. Other measures on the ballot that deal with traditional hot button issues are MAINE's Question 3, seeking the repeal of a 2007 school district consolidation law, and Question 5, expanding medical use of marijuana; OHIO's Issue 3, authorizing casinos in Cleveland, Columbus, Cincinnati, and Toledo; and TEXAS' Proposition 11, prohibiting the use of eminent domain to promote economic development or generate tax revenue. (INITIATIVE AND REFERENDUM INSTITUTE, STATE NET) -- Compiled by Korey Clark ***************************************************************** ***** #2--BUDGET & TAXES ***** STATES MAKING MID-YEAR BUDGET CUTS: With new holes springing in their budgets, states aren't waiting around until next year's legislative session to plug the gaps. Last Thursday, MASSACHUSETTS Gov. Deval Patrick (D) announced $600 million in budget cuts, including as many as 2,000 layoffs. The day before, MISSOURI Gov. Jay Nixon (D) trimmed $204 million from his state's budget and announced layoffs of 363 state workers. The same day, IOWA Gov. Chet Culver (D) announced layoffs of 180 state employees and furloughs of over 3,200 nonunion workers. The governor of another Midwestern state, KANSAS' Mark Parkinson (D), said he will probably make additional cuts before the start of the regular session in January. He warned the state's schools would likely be hit. And two weeks ago, the NEW MEXICO Legislature approved $253 million in cuts that Gov. Bill Richardson (D) said could result in the early release of 660 prisoners and the closure of two prisons. (STATELINE.ORG) BUDGETS IN BRIEF: TEXAS has offered to refund the 108,000 customers of its prepaid college tuition plan their initial investment plus any accumulated earnings. A 2007 forecast had predicted the fund would be insolvent by 2020. The refund deal is expected to $60 million over the next 10 to 15 years (AUSTIN AMERICAN-STATESMAN). * The Bill and Melinda Gates Foundation has opened up its offer of financial assistance to states vying for a Race to the Top grant from the Department of Education. Back in July the foundation had offered just 15 states up to $250,000 to help them secure a portion of the department's $4 billion in funding (NEW YORK TIMES). * Boeing announced last week that its North Charleston, SOUTH CAROLINA facility will be the location of a second final assembly site for its 787 Dreamliner program. The state reportedly offered the aeronautics company $450 million in incentives (POST AND COURIER [CHARLESTON]). -- Compiled by KOREY CLARK ***************************************************************** ***** #3--POLITICS & LEADERSHIP ***** HIGH COURT ELECTION KEY TO PA REDISTRICTING: This week's Supreme Court race in PENNSYLVANIA between Republican Joan Orie Melvin and Democrat Jack Panella has received little public attention. Voter turnout for the election may be the lowest the state has seen in years. But the contest is of more than passing interest to state lawmakers. In fact, their future could depend on it. "Control of the Supreme Court is on the ballot this year," Lt. Gov. Joe Scarnati wrote in a letter to fellow Republicans in March, "and you know the courts play a key role in finalizing redistricting maps that will set the political landscape for the next decade." The court's role is likely to be even more crucial than usual this year. Under PENNSYLVANIA's constitution, the Democrats and Republicans will each get two seats at the negotiating table when congressional and legislative districts are redrawn after the 2010 Census. The court will probably be called upon to appoint an arbiter. And with the six other justices who will be on the court next year split 3-3 on the basis of party affiliation, the winner of Tuesday's election will basically determine the majority that gets to pick the arbiter. POLITICS IN BRIEF: KENTUCKY Gov. Steve Beshear (D) gave his party a chance to pick up another state Senate seat by appointing Republican Dan Kelly to a vacant judgeship last week and calling a special election for Dec. 8 to select Kelly's replacement in the 14th Senate District. If Democrats win that election, the Republicans' majority in the chamber would slip to 19-18, with one independent who caucuses with the GOP (COURIER-JOURNAL [LOUISVILLE]). * A provision tucked into a massive military spending bill signed by President Obama last week will require states to provide overseas voters at least 45 days to receive and mail back their general election ballots next year. That stipulation may force MINNESOTA to shift its primary, currently held in September, to August (MINNEAPOLIS STAR TRIBUNE). -- Compiled by KOREY CLARK ***************************************************************** ***** #4--GOVERNORS ***** BALDACCI URGES 'NO' VOTE ON GAY MARRIAGE BAN: MAINE Gov. John Baldacci (D) urged voters to reject Question 1, a ballot measure that would overturn the Pine Tree State law that legalized same-sex marriages. Baldacci signed the legislatively-approved bill into law in May. Baldacci noted that he initially supported civil unions and opposed marriage for same-sex couples, but said he changed his mind after examining the legal issues and listening to testimony during the public hearings surrounding the legislation. "I think MAINE people have recognized...that we are all unique people, we are all different," Baldacci said. "But we are all under the same Constitution and we all want to make sure there is equal protection for all citizens." MAINE will be the first state to decide whether to overturn a law approving same-sex marriage after it was passed by a state legislature and signed by a governor. The statute is currently suspended pending the outcome of the vote. Recent polls show Question 1 opponents with a slight lead, but both sides say they expect the vote, which is being followed across the country, to be close. The vote is expected to draw as many as 500,000 people to the polls. (BANGOR DAILY NEWS, DANIELS KILLS WELFARE CONTRACT: Calling it a plan "that just did not work out," INDIANA Gov. Mitch Daniels (R) has cancelled a $1.34 billion state contract with IBM to manage the Hoosier State's welfare services. Daniels ended the contract on October 15th, less than three years into what was to be a 10-year agreement, after ongoing complaints that the system was fraught with errors forcing eligible applicants to wait far too long to obtain services had spurred the threat of sanctions from federal officials. It was a bitter pill for Daniels, who had vigorously championed the effort to privatize the system. He said the state will now turn to a hybrid structure that keeps some elements of the new computerized system while also returning to old policies that require applicants to meet face-to-face with county welfare case workers. State officials say the new system will speed up decisions for applicants. Federal law requires states to approve or reject applications for services like food stamps within 30 days, a timeline which the state was only meeting about 60 percent of the time. A federal judge last week ordered the state to pick up the pace, saying it needs to decide 80 percent of new cases on time within 12 months and 90 percent within 18 months. (INDIANAPOLIS STAR, ASSOCIATED PRESS) SANFORD IMPEACHMENT EFFORT BLOCKED: SOUTH CAROLINA House Speaker Bobby Harrell (R) blocked an attempt to introduce a resolution calling for Gov. Mark Sanford's (R) impeachment. Harrell said the proposal was outside the limited terms and agenda of the current special session, which is dealing with economic issues. He also wants lawmakers to wait for the results of a state ethics investigation into Sanford's travel records and campaign reimbursements before deciding whether to pursue impeachment. Rep. Greg Delleney, also a Republican, said he would seek to re-introduce the resolution when the regular session convenes later this month. (POST & COURIER [CHARLESTON]) STRICKLAND SAYS NO OH OPT-OUT: The government-run health care plan currently under consideration in Congress is a long way from becoming reality, but OHIO Gov. Ted Strickland (D) is already pretty sure that the Buckeye State is on board. The plan now moving through the U.S. Senate contains a public option that would allow the government to compete with private insurers, but would also allow individual states to opt out of the plan. Strickland spokesperson Amanda Wurst said the governor supports the public option and sees no reason why the state should opt out. But Wurst said Strickland also believes that while the plan should offer Ohioans an affordable option, federal officials need to do so "without risking running health insurance companies out of business." (CLEVELAND PLAIN DEALER) PATRICK PITCHES MICRO-LOANS: MASSACHUSETTS Gov. Deval Patrick (D) said the Bay State will consider creating a "growth capital fund" that would make micro-loans to small businesses unable to get loans from traditional sources during the ongoing economic slump. The proposal was one of several ideas that came out of a summit of business, education and political leaders put together by Patrick to divine ways for the state to better position itself for economic recovery. Patrick said the funds could possibly come from banks, the Small Business Administration or from federal Troubled Asset Relief Program (TARP) funds. (BOSTON HERALD) RILEY LOOKES TO CUT PORK: ALABAMA Gov. Bob Riley (R) asked college and university presidents last week to inform him if Heart of Dixie legislators or other elected officials attempt to hide money for special projects in their districts by transferring money through their schools. Riley condemned the process, known as "pass-through pork," in which the Legislature allocates extra money to a school or agency in the state budget without naming a specific use for the funding. Rather, in an agreement Riley called "corrupt" and "an abuse of the taxpayers," lawmakers have a behind-the-scenes agreement with the school or agency about how the money will be used. "No government official should be able to take taxpayer money that is appropriated for one use and secretly spend it for something else," Riley said. State Sen. Phil Poole (D) accused Riley of overstepping his authority, saying, "He wants us to come beg him for every dollar." (MONTGOMERY ADVERTISER) GOVERNORS IN BRIEF: WEST VIRGINIA Gov. Joe Manchin (D) said his state will not be pursuing a "fat tax" on overweight public employees after all. The governor had recently asked the state Public Employees Insurance Agency Finance Board to consider adopting a plan similar to that of NORTH CAROLINA, which imposes higher health insurance premiums on overweight employees. He rescinded the request last week after public employee unions balked at the suggestion (CHARLESTON GAZETTE). * LOUISIANA Gov. Bobby Jindal (R) has called for the firing of a Pelican State justice of the peace who refused to marry an interracial couple. "Disciplinary action should be taken immediately -- including the revoking of his license," Jindal said of the decision by Keith Bardwell, a white justice of the peace in Tangipahoa Parish in the southeastern part of the state, to refuse to issue a marriage license to a black man and white woman on the grounds that he is concerned for the children of such unions (NEW ORLEANS TIMES PICAYUNE). -- Compiled by RICH EHISEN ***************************************************************** ***** #5--UPCOMING STORIES ***** These are some of the topics you may see covered in upcoming issues of the State Net Capitol Journal: - 2010 Preview - Election results - Budget updates ***************************************************************** ***** #6--HOT ISSUES ***** BUSINESS: The WISCONSIN Assembly unanimously endorses AB 250, which would require Badger State dog breeders to be licensed by the state. It is now in the Senate (MILWAUKEE JOURNAL SENTINEL). * The MICHIGAN Senate kills SB 166, legislation that would have barred auto insurers from using a driver's area of residence in setting policy rates (LANSING STATE JOURNAL). CRIME & PUNISHMENT: The PENNSYLVANIA Supreme Court tosses out more than five years' worth of cases heard by a former county judge charged with accepting millions of dollars in kickbacks to send youths to private detention centers. The court said the convictions -- more than 6,000 in all -- are permanently tainted and may not be re-tried (ASSOCIATED PRESS). * The Obama administration orders federal prosecutors to stop arresting medical marijuana users and suppliers as long as they strictly conform to state laws regulating the drug's use and sale. Fourteen states currently allow marijuana use when it is prescribed by a licensed physician (LOS ANGELES TIMES). EDUCATION: The WISCONSIN Senate endorses AB 172, legislation that would require the state's academic standards to include instruction on labor history and the collective bargaining process. It moves to Gov. Jim Doyle (D) for review (MILWAUKEE JOURNAL SENTINEL). * Still in WISCONSIN, the Assembly endorses AB 459, which would establish academic standards for teaching students about the various types of mortgages available to home buyers and the risks and causes of foreclosure. It moves to the Senate (MILWAUKEE JOURNAL SENTINEL). * Responding to criticism that it was trying to determine the winner of the Obama administration's "Race to the Top" education grant competition, the Bill and Melinda Gates Foundation says it will broaden its efforts to help more states compete for the awards. The foundation originally offered to work with only 15 states -- ARKANSAS, ARIZONA, FLORIDA, GEORGIA, KENTUCKY, LOUISIANA, MASSACHUSETTS, MINNESOTA, NEW MEXICO, NEW YORK, NORTH CAROLINA, OHIO, PENNSYLVANIA, TENNESSEE and TEXAS - to earn the grants, which will range from $200 million to $500 million each. The program is slated to award a total of $4 billion (NEW YORK TIMES). ENVIRONMENT: The WISCONSIN Senate endorses AB 281, legislation that would ban phosphorus from household automatic dishwashing liquids. The measure, which has already cleared the Assembly, moves to Gov. Jim Doyle (D), who is expected to sign it into law (MILWAUKEE JOURNAL SENTINEL). HEALTH & SCIENCE: The NEW HAMPSHIRE Senate sustains Gov. John Lynch's (D) veto of HB 648, a measure that would have made the Granite State the 14th to legalize medical marijuana use. The Senate's override vote, which fell two votes short of approval, came just hours after the House overwhelmingly endorsed an override over Lynch's strong objections (BOSTON GLOBE). SOCIAL POLICY: The RHODE ISLAND House endorses SB 204, which would bar Ocean State drivers from sending or receiving text messages while behind the wheel. The measure does not, however, bar drivers from talking on a hand-held cell phone. It moves to Gov. Don Carcieri (R), who is expected to sign it into law (PROVIDENCE JOURNAL). POTPOURRI: The MICHIGAN House unanimously approves HB 5514, a bill that would exempt free baby-sitting from state regulation. It is now in the Senate (DETROIT FREE PRESS). -- Compiled by RICH EHISEN ***************************************************************** ***** #7--IN THE HOPPER ***** At any given time, State Net tracks tens of thousands of bills in all 50 states, US Congress, and the District of Columbia. Here's a snapshot of what's in the legislative works: Number of Prefiles last week: 77 Number of Intros last week: 762 Number of Enacted/Adopted last week: 171 Number of Prefiles to date: 34,998 Number of Intros to date: 153,638 Number of 2009 Session Enacted/Adopted overall to date: 39,536 -- Compiled By JAMES ROSS (measures current as of 10/29/2009) Source: State Net database ---------------------------------------------------------------- States in Regular Session: CA, DC, MA, MI, OH, PR, US, WI States in Recess: NJ, NY, PA States in Special Session: CA "e", CA "f", CA "g", NE "a" Special Sessions in Recess: DE "a" Upcoming Special Sessions: TBA: FL "b", MS "d", NY "v", OK "a" States in Veto Session: IL States Currently Prefiling or Drafting for 2010: AL, FL, IA, KS, KY, ME, ND, NH, OK States Adjourned in 2009: AK, AL, AR, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN, KS, KY, LA, MD, ME, MN, MO, MS, MT, NC, ND, NE, NH, NM, NV, OK, OR, RI, SC, SD, TN, TX, UT, VA, VT, WA, WV, WY State Special Sessions Adjourned in 2009: AK "a", AL "a", AZ "a", AZ "b", AZ "c", CA "a", CA "b", CA "c", CA "d", CT "a", CT "b", CT "c", CT "d", FL "a", HI "a", HI "b", IL "a", IL "b", IN "a", KY "a", MS "a", MS "b", MS "c", NM "a", NV "a", NY "a-o", TX "a", UT "a", VA "c", VT "a", WI "a", WV "a", WV "b", WV "c" Letters indicate special/extraordinary sessions -- Compiled By JAMES ROSS (session information current as of 10/30/2009) Source: State Net database ***************************************************************** ***** #8--ONCE AROUND THE STATEHOUSE LIGHTLY ***** READING BETWEEN THE LINES: CALIFORNIA Gov. Arnold Schwarzenegger's unexpected appearance before Democratic lawmakers at a recent party fundraiser drew a less-than-friendly response from event attendees. One lawmaker, Assemblyman Tom Ammiano, was particularly incensed at the Governator's appearance, shouting that Schwarzenegger should smooch the San Francisco Democrat's posterior. Well, the gov has had the last laugh. As the Sacramento Bee reports, Schwarzenegger last week vetoed AB 1176, an Ammiano-sponsored public works finance measure, in spite of the fact that it received unanimous legislative support. That wasn't all, however. In his carefully worded and arranged veto message, Schwarzenegger used the first letter of consecutive lines to send Ammiano a personal message, one that begins with an "f" and ends with "you." Schwarzenegger spokesperson Aaron McLear claimed innocence on the gov's behalf, calling the acrostic message merely "a strange coincidence." Ammiano also downplayed the event, lauding Schwarzenegger for his "creative way of exercising veto power." NO PLAYING FAVORITES: Every parent knows you can't praise one of your kids without also praising the others. Based on the stir recently caused by IOWA Gov. Chet Culver, that rule applies to governors as well. As the Quad-City Times reports, Culver drew heat for lavishing kudos on the University of IOWA for a big win against MICHIGAN State, which made the Hawkeyes 8-0 for the first time in their 120-year history. Alas, IOWA State fans became miffed at Culver for singling out their cross-state rivals without so much as a word about their triumph over perennial power NEBRASKA. Culver quickly heaped praise on the Cyclone players, coaches and staff, and vowed to attend the bowl games of both teams as well as the state's "other" school, the University of Northern IOWA. Culver did note, however, that he has previously issued formal congrats to the Cyclones without anyone from U of I making such a fuss. THE GOOD OLD BOY WIFE: Nobody needs to tell CALIFORNIA gubernatorial candidate Tom Campbell that he is in the political fight of his life. Campbell, a former Congressman, is currently waging a low-bucks campaign for the GOP nomination against two billionaires capable of outspending him at will. But if Campbell is concerned about his situation, he surely isn't showing it. As the Riverside Press Tribune reports, Campbell recently told a gathering of Republican women that his wife, Susanne, speaks fluent Russian and even has a degree from Leningrad State University, a school named for the former head of the old Soviet Union. Campbell jokingly asked the audience to note his "political courage" for the revelation, something "you generally don't admit in Republican circles." But Campbell also hedged his bet, adding that "You just say that my wife went to LSU. And then people might think that she is a good old boy from LOUISIANA." WORKING HARD OR HARDLY WORKING? Being governor is undoubtedly a full time proposition. So, it might be a good time for two of the candidates looking to replace FLORIDA Gov. Charlie Crist -- Attorney General Bill McCollum and Chief Financial Officer Alex Sink -- to take a moment to be sure they really want the job. As the Miami Herald reports, neither has shown a propensity for working the long hours associated with the top job. According to a Herald report, Sink, a Democrat, has scheduled the equivalent of more than 26 weeks of half-days, personal and vacation days, or days with no listed events over the last three years. McCollum, a Republican, has scheduled almost a year's worth, including 86 personal days. Both say the schedules give a false impression of their efforts, arguing that much of their work isn't included on the official schedule. One might bet it will be from now on. -- By RICH EHISEN ***************************************************************** ***** #9--IN CASE YOU MISSED IT ***** With still popular President Barack Obama not on the 2009 or 2010 tickets, Democratic candidates may be saddled with the perceived downsides of his policies without the magic of his name. In case you missed it, the article can be found on our Web site at http://www.statenet.com/capitol_journal/10-19-2009/html ***************************************************************** ***** #10--CORRECTIONS ***** The HTML and text versions of the October 19th issue of SNCJ were incorrectly identified as No. 33 rather than No. 32. The PDF version was correct. We regret the error. ***************************************************************** State Net Publications """""""""""""""""""""" Editor: Rich Ehisen - capj@statenet.com Associate Editor: Korey Clark - capj@statenet.com Contributing Editor: Virginia Nelson and Art Zimmerman - capj@statenet.com Editorial Advisor: Lou Cannon Correspondents: Richard Cox (CA), Steve Karas (CA), Bruce McKeeman (CA), Linda Mendenhall (IL), Lauren King (MA) and Ben Livingood (PA) Graphic Designer: Vanessa Perez ***************************************************************** 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 *****************************************************************