|
Volume
XII, No. 48
December 6, 2004
|
| TOP
STORY
Governors learn right
away that a state's chief executive job is a grueling 24/7 proposition.
So, with most state lawmakers generally elsewhere these days, governors
have been making all the headlines.
|
SNCJ
Spotlight
Schwarzenegger,
Granholm inspire call to amend Constitution
When state legislatures wrap up for the year, harried lawmakers can
often take a breather from the hectic pace of being in session and slide
under the radar for a while. Not so for governors, who are always on the
job. Now with those pesky, scene-stealing lawmakers (mostly) out of the
way for a few months, governors across the country are making political
hay while they can by pushing high-profile projects and setting agendas
for the upcoming year. |
It should surprise nobody that CALIFORNIA Gov. Arnold Schwarzenegger
(R) is busy making headlines, although right now it is not so much for
anything he has done as for what he might do. Although Schwarzenegger himself
is not directly involved, he is definitely at the heart of a growing movement
to amend the U.S. Constitution to allow foreign born naturalized citizens
-- such as he and Canadian-born MICHIGAN Gov. Jennifer Granholm (D) --
to become president. One California organization based in the Silicon Valley
has even started a Web site, amendforarnold.org, promoting such an amendment.
The group has also produced a 30-second television ad to build support
for the idea. Although the site is careful to include Granholm in their
pitch -- the site's banner reads "Amend for Arnold and Jen -- the balance
of the site's photos, donation information and merchandise are all exclusively
of and for "The Governator."
While it is easy for cynics to dismiss Web sites and cable TV ads as
the brainchild of star struck "Arnold watchers" with too much time and
money on their hands, it is less simple to disregard Beltway heavyweights
like California Rep. Dana Rohrabacher (R) and UTAH Sen. Orrin Hatch (R),
who introduced amendment measures into their respective chambers this year.
Neither made it to the floor for discussion before the end of the Congressional
session, but each could be reintroduced next year. Rohrabacher was nonplused
by the failure, saying during an interview on NBC's "Today" show that,
"If (Schwarzenegger) can help our country, he shouldn't be cut off simply
because he was born somewhere else."
Granholm has so far deferred speculation on the amendment front, stating
repeatedly that while she supports changing the Constitution to allow naturalized
citizens to run, she is not interested in seeking the presidency. Whether
she would stick to that stance if given the chance to run is anyone's guess.
Schwarzenegger has also deflected the question...sort of. He recently told
CNN talk show host Larry King that while he supports changing the rule,
he was "not thinking about running for president." That seems to contradict
what he told CBS's "60 Minutes" just weeks earlier; when asked if he would
like to be president, Schwarzenegger said "Yes, absolutely. Why not?"
If California First Lady Maria Shriver has any say, it could be a moot
point. In an interview in Vanity Fair released last week, Shriver also
agreed that the amendment is overdue, but in regard to her 57-year-old
husband's chances, responded, "Forget about it. It's not going to happen.
The process takes years, and this is as far as it goes."
Maybe, but maybe not. Schwarzenegger is currently contemplating calling
a special election that could toss the Golden State's political order on
its head by offering voters a package of reform bills that would redraw
legislative and congressional district lines, legally curb state spending
and revamp the state's current bureaucracy. Any one of these is sure to
draw white-hot resistance from both the Democratic-controlled Legislature
and even some key Congressional Republicans.
Political observers are split on the issue. Steve Maviglio, a former
spokesperson for Gov. Gray Davis (D), the man Schwarzenegger replaced,
called a special election "a tremendous roll of the dice," while GOP consultant
Dan Schnur said Schwarzenegger should do it "because he's good at it.
Schwarzenegger is at his best when he's in front of the voters." Schwarzenegger
spokesperson Rob Stutzman says no final decisions have been reached, but
noted that "We have a lot of options."
It is conceivable that Schwarzenegger's long-term aspirations could
be a determining factor. Overhauling the perpetually dysfunctional California
bureaucracy -- in essence slaying the Democratic dragon that is the Legislature
-- could establish his national credentials so emphatically that an amendment
push could move to the fast track. At the very least he would be well-positioned
to successfully wait out the half dozen years it would take for an amendment
to happen, a la the six years between Ronald Reagan's last term as California
governor and his successful 1980 presidential campaign. But if he fails
and the dragon burns him to a crisp, or if his proposed changes leave the
state with even fewer Republicans in the Legislature and Congress than
there are now, any presidential aspirations he currently holds would more
than likely go right up in the smoke wafting from his political carcass.
Bruce Cain, director of the Institute of Governmental Studies at the University
of California, Berkeley, wonders if Schwarzenegger is really willing to
risk that much on the whims of voters.
"If Arnold's really trying to be a player on the national scene, does
he really want to anger Tom DeLay and (House Speaker Dennis) Hastert and
potentially (President) Bush?" Cain asks. "It gets back to, are you feeling
lucky?" (LOS ANGELES TIMES, SACRAMENTO BEE, SAN FRANCISCO CHRONICLE, USA
TODAY, SAN DIEGO UNION TRIBUNE, amendforarnold.org)
ROSSI IN...FOR NOW: Republican Dino
Rossi is now two for two in the WASHINGTON gubernatorial race, having been
certified as the winner last week by just 42 votes. Rossi, who won the
initial count by 261 votes, called on Democrat Christine Gregoire to concede,
but Democrats opted instead to call for a final hand recount. Rossi is
also considering asking for hand recounts in certain districts to ensure
he retains his lead in those precincts. Hand recounts mean the requesting
party must deposit 25 cents for each cast ballot, which also means someone
will need to fork over an estimated $800,000 up front to pay for the additional
tallies. With both campaigns confident they can raise the necessary money,
the final winner may not be determined until after Christmas. (TACOMA NEWS
TRIBUNE, SEATTLE POST-INTELLIGENCER, SEATTLE TIMES, NEW YORK TIMES)
MR. JOHANNS GOES TO WASHINGTON: President
Bush tapped NEBRASKA Gov. Mike Johanns (R) to take over as the secretary
of the U.S. Dept. of Agriculture last week, marking what could be just
the first of several governors moving into the president's administration.
Johanns replaces outgoing secretary Ann Veneman, who recently announced
her resignation. If Johanns is confirmed by the Senate, which is expected,
his departure would elevate Nebraska Lt. Gov. Dave Heineman (R) to the
governor's office, where he will serve out the remainder of Johanns' term.
(OMAHA WORLD-HERALD).
GOVS SEEK TRUCE IN JOB WARS: Democratic
Governors from DELAWARE, NEW JERSEY and PENNSYLVANIA held a summit last
week to discuss plans to bring the three states together in a regional
effort to attract jobs. The truce was set up by the Greater Philadelphia
Chamber of Commerce's CEO Council for Growth, which wants the governors
to agree to stop trying to poach each other's leading companies. Chamber
leader Mark Schweicker said governments are frustrated with the way corporations
in all three states have been playing one state against another to obtain
bigger incentive packages to stay or go. "The idea is to fight other regions,
not each other. We want the governors to embrace that outlook," Schweicker
said. Acting New Jersey Gov. Richard Codey seemed to take the spirit of
the meeting to heart, proposing the three states join together in a joint
embryonic stem cell research initiative that would allow them to compete
with California's new voter-approved $3 billion stem cell program. Pennsylvania
Gov. Ed Rendell enthusiastically endorsed the idea, although it would require
a change in Keystone State law, which currently bans state investment in
stem cell research. Delaware Gov. Ruth Ann Minner did not comment. (STAR
LEDGER [NEWARK], PHILADELPHIA INQUIRER)
BLANCO REACHES OUT TO NEIGHBORS:
LOUISIANA Gov. Kathleen Blanco (D) sent letters to four fellow governors
last week asking for their commitment to seek a greater amount of federal
oil and gas money from offshore drilling. Blanco has been repeatedly denied
in her attempts to gain additional federal dollars for the drilling, which
she hopes to use to fund repairs on the Pelican State's withering coastline.
State officials hope Blanco's letter, which went to TEXAS Gov. Rick Perry
(R), ALABAMA Gov. Bob Riley (R), MISSISSIPPI Gov. Haley Barbour (R) and
ALASKA Gov. Frank Murkowski (R), will spur those states to jointly propose
legislation in Congress that will lead to greater royalties for all of
them. (ANCHORAGE DALY NEWS)
BUSH BRINGS DEATH FIGHT TO HIGH COURT: FLORIDA
Gov. Jeb Bush (R) filed an appeal with the U.S. Supreme Court in an attempt
to keep a severely brain-damaged woman alive in spite of her husband's
desire that she be allowed to die. The Sunshine State Supreme Court ruled
against Bush in September, saying he overstepped his authority last year
when he pushed a law through the Legislature that allowed him to have Terry
Schiavo's feeding tube reinserted. (LOS ANGELES TIMES)
-- Compiled by RICH EHISEN
TOP
OF PAGE
The
Week in Session
Regular
Session: DC, MI, NJ, NY, OH
Organizational
Session: CA, FL, NH
Recess:
DE "c", IL, MA, ME
Currently
Prefiling (Drafts for 2005):
AR,
AZ, CO, CT, FL, GA, IN, KY, MA, MT, ND, NH, NV, OK, TN, TX, VA, WY,
Adjourned:
AK,
AL, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IN, KS, KY, LA, MD "2003 session",
MD, ME, MN, MO, MS, NC, NE, NH, NM, OK, PA, RI, SC, SD, TN, UT, VA, VT,
WA, WI, WV, WY
Special
Session Adjourned:
AK
"a", AL "a", AR "b", CA "a", CA "b", CA "c", CA "d", CA "e", CT "a", CT
"b", CT "c", CT "d", DE "a", GA "a", IA "b", IL "a-q", KY "a", LA "a",
ME "a", ME "b", MS "a", MS "b", MS "c", NC "c", NY "a", OK "a", OR "a",
TX "d", UT "a", UT "b", UT "c", VA "a", VA "b", WA "a", WA "b", WA "c",
WI "d", WI "e", WI "f", WI "g", WV "a", WV "b", WV "c", WY "a"
Projected
to Adjourn: US
Special
Session Projected to Adjourn: NV "a"
Letters
indicate special/extraordinary sessions
Compiled
By GINA HUMMELL | Data current as of 12/3/04 | Source: State
Net database
TOP OF
PAGE
|
Budget
& taxes
BUSINESS TAX INCENTIVES FACE COURT
CHALLENGE: Tax breaks have long been used
by state and local governments to lure big businesses inside their borders
in order to create jobs. But a recent federal court ruling is threatening
to put an end to that practice. The decision came in connection with a
lawsuit brought by a group that included consumer advocate Ralph Nader
alleging that a $280 million state and local tax break granted to DaimlerChrysler
AG in 1998 to prevent the auto manufacturer from closing its plant in Toledo,
OHIO was illegal "corporate welfare." Nader's group lost their initial
court battle but the U.S. Appeals Court for the 6th Circuit in Cincinnati
ruled in September that the tax plan violated the U.S. Constitution because
it altered the free flow of interstate commerce. The decision prompted
an immediate appeal by DaimlerChrysler, business groups and government
agencies in Ohio as well as MICHIGAN, KENTUCKY and TENNESSEE, the other
states under the jurisdiction of the 6th Circuit. National business and
labor organizations, including the United Auto Workers union and U.S. Chamber
of Commerce, have also begun to mobilize, fearing the ruling could prompt
similar decisions in other states. "This is a fundamental challenge to
the constitutionality of state-provided tax credits," said Quentin Riegel,
vice president of litigation for the National Association of Manufacturers.
"It has tremendous implications for states that want to attract jobs to
their communities." There are currently about 40 states that have utilized
incentives like those granted to DaimlerChrysler to attract major employers.
The state chambers of commerce in Ohio, Kentucky and Tennessee warn that
if the appeals court ruling stands, it "will likely encourage businesses
to move operations offshore, where labor costs and lack of regulation produce
substantially lower costs." (WALL STREET JOURNAL)
AMERICA EXPERIENCING FIRST RESPONDER SHORTAGE:
America's
ability to respond effectively to another terrorist attack is being compromised
by local governments' financial troubles, warn city officials. They say
budget constraints have thinned the ranks of the nation's first responders
-- police officers and firefighters. According to the National Fire Protection
Association (NFPA), which sets codes and standards for firefighters, at
least two-thirds of the country's fire departments are understaffed. Budget
problems have forced closures of stations in some cities, including New
York, slowed response times, and reduced crews to ineffective numbers.
Police departments haven't fared much better. New York City, for instance,
has lost 1,000 officers a year over the past three years. The Bush administration's
position on the issue has been to emphasize quality over quantity. Frank
Cilluffo, a former top homeland security adviser to President Bush, said
America doesn't need more police officers and firefighters, just first
responders who are better trained and better equipped. But some city officials
say police and fire departments don't have enough staff to spare the time
for the training provided by the U.S. Department of Homeland Security.
(USA TODAY)
GREAT CHICAGO FIRE SALE II: This
month, Chicago will hold the first charitable eBay auction sponsored by
an American city. The "Great Chicago Fire Sale" -- an allusion to the infamous
conflagration of 1871 that, legend has it, was started by Mrs. O'Leary's
cow -- will benefit cultural programs that have been hit hard by budget
cuts. The concept is one the city's commissioner of cultural affairs, Lois
Weisberg, seems pretty taken with. "This may be the most creative thing
we've ever done," she said. "I'm sure that if this catches on, other cities
will want to do it, just as they did with the cows." Ms. Weisberg was referring
to the herd of several-hundred life-size, decorated fiberglass cows that
were dispersed throughout the city five years ago, which kicked off a brief
national craze. Among the items that will be up for bid: a dinner for twelve
anywhere in the country prepared by Oprah Winfrey's personal chef, Art
Smith; an original 1960's Playboy Bunny costume (one of which recently
sold at Christie's for $14,340); an opportunity to take part in the annual
St. Patrick's Day tradition of dying the Chicago River green; and an official
copy of the 1997 resolution absolving Mrs. O'Leary's cow from starting
the first Great Chicago Fire. (NEW YORK TIMES)
BUDGETS IN BRIEF: GEORGIA
is losing $2 billion a year to tax breaks that may not even help the state's
economy, according to a report by the Georgia Budget and Policy Institute.
The report stresses the importance of bringing accountability to the tax
break system, given that the state is facing a $550 to $700 million budget
shortfall next year (MACON TELEGRAPH). * FLORIDA Gov. Jeb Bush (R) is expected
to ask the Legislature and federal officials early next year to make sweeping
changes to the state's $14 billion Medicaid program. Bush says that at
its current 12 percent annual growth rate, Medicaid spending will top $60
billion in ten years, which is more than the state spent in total this
year. The governor released few details about his plan in order to avoid
spurring early opposition from lobbyists for the health care industry and
advocates for the poor (ORLANDO SENTINEL). * PENNSYLVANIA Gov. Ed Rendell
(D) vetoed a measure reforming the state's new slot machine law, most notably
eliminating a provision allowing elected officials to own up to 1 percent
of a casino or other gaming-related operation. Rendell said that while
he supported eliminating the "1 percent loophole," he opposed some of the
measure's other proposed changes, such as allowing politicians' family
members to hold an interest in a gaming company (PITTSBURGH POST-GAZETTE).
-- Compiled by KOREY CLARK
TOP OF PAGE
Politics
& leadership
CALIFORNIA'S PROP 72 FAILS PASSES
FAILS: A ballot proposition in CALIFORNIA
mandating that businesses with 50 or more employees provide health insurance
coverage was defeated by a narrow margin on Nov. 2. Or so it seemed. The
final county vote tallies received by the secretary of state's office last
Tuesday and posted on its official Web site showed the measure -- Proposition
72 -- passing with 50.5 percent of the vote. But that result was removed
from the site a short time later due to suspicion that the surprise turnaround
was simply the result of a reporting error. That, in fact, turned out to
be the case. In the process of transmitting its results, San Diego County
inadvertently transposed the vote totals for Prop. 72 and another ballot
measure -- Prop. 60A -- that passed by a wide margin. The additional votes
were enough to make it appear Prop. 72 had achieved a shocking come-from-behind
victory. The corrected figures ultimately showed that the measure was defeated
by about 200,000 votes statewide. The comments of Caren Daniels-Meade,
a spokeswoman for Secretary of State Kevin Shelley (D), weren't particularly
reassuring, however: "This has happened before in almost every election,
in some race in some level," adding that Prop 72 wasn't even one of the
closest races the secretary of state's office had been monitoring. The
secretary of state has until Dec. 11 to certify the results. (LOS ANGELES
TIMES, SAN DIEGO UNION-TRIBUNE)
RECOUNT NO HELP IN MT: Last
week, election officials in MONTANA's Lake County conducted a hand recount
of votes in an extremely close legislative race that will determine partisan
control of the Treasure State House of Representatives. The effort not
only failed to produce a winner, but actually sparked a controversy that
will likely force the contest into the courts. The initial vote count in
the race for House District 12, certified only two weeks ago, gave Constitution
Party candidate Rick Jore a 1,559-1,557 victory over Democrat Jeanne Windham.
After last Monday's recount, Jore still held the lead, but his margin had
been reduced to a single vote. The discovery of a one-vote discrepancy
in the hand count from one precinct, however, necessitated a recount of
the recount in that precinct. And the final result: a dead heat, 1,559
votes for Jore and 1,559 for Windham. The outcome of the election now appears
to hinge on a dispute over five ballots that went to Jore in the recount.
The ballots actually had marks for both Jore and another Republican candidate,
Jack Cross, who finished third. But the county election recount board --
composed of two Republican commissioners and a Democratic clerk -- awarded
the votes to Jore because the marks for Cross had been crossed out on the
ballots, which the board said clearly indicated the voters' intent. Windham,
however, contests that interpretation, pointing out that Cross had run
radio adds leading up to the election asking voters to "mark a cross for
Jack Cross," and says she'll ask the state Supreme Court to settle the
issue. If Windham is successful, the House would be split evenly between
Democrats and Republicans. But if Jore prevails, Republicans will control
the chamber with a 50-49 majority. (GREAT FALLS TRIBUNE, ASSOCIATED PRESS,
BILLINGS GAZETTE, THE MISSOULIAN)
POLITICS IN BRIEF:
ALABAMA election officials began a statewide recount last week for Amendment
2, a measure to remove segregationist language from the state's constitution,
which was narrowly rejected by voters on Nov. 2. Official results should
be available this week (ASSOCIATED PRESS, LOS ANGELES TIMES, BIRMINGHAM
NEWS). * The NEVADA Senate began impeachment proceedings against Controller
Kathy Augustine on charges of using state employees on her 2002 re-election
campaign. The trial is expected to last 7 to 10 days (LAS VEGAS REVIEW-JOURNAL).
* Last Monday, NEW HAMPSHIRE Rep. Gene Chandler (R) withdrew his bid for
re-election as House speaker. The move came just hours after the legislative
Ethics Committee unanimously voted to charge Chandler with failing to report
$64,000 in campaign donations. Chandler will be succeeded by former House
Speaker Douglas Scamman Jr., who will take back the gavel after a 14-year
hiatus (THE TELEGRAPH [NASHUA], ASSOCIATED PRESS, BOSTON GLOBE). * The
U.S. Supreme Court upheld a federal appeals court ruling affirming the
constitutionality of NEW YORK's new Congressional and legislative district
maps. The high court decision stems from a lawsuit brought against Gov.
George E. Pataki (R) and the Legislature back in January of 2002 (NEW YORK
TIMES). * The U.S. Supreme Court also declined to consider a ruling by
the 10th U.S. Circuit Court of Appeals striking down an Albuquerque, NEW
MEXICO law imposing caps on political campaign spending. In its decision,
the appeals court had cited a 1976 Supreme Court ruling that declared such
caps were a violation of free speech rights (ASSOCIATED PRESS, SANTE FE
NEW MEXICAN).
-- Compiled by KOREY CLARK
TOP OF PAGE
Upcoming
elections
(11/22/2004
- 12/6/2004)
12/04/2004
- Louisiana - General Runoff - US House (3, 7)
TOP
OF PAGE
|
Across
state lines
Red
states biggest givers
Political junkies can debate the whole "blue state, red state" issue
until they are, well, blue in the face. But when it comes to charitable
giving, the red states have it all over the blues, at least according to
the 2004 Generosity Index, issued by the Washington D.C.-based Catalogue
for Philanthropy.
The survey compares the rank of each state's average adjusted gross
income (AAGI) to the rank of each state's average itemized charitable deductions
(AICD). The arithmetical differences between these two rankings are then
themselves ranked, resulting in the state's Generosity Index rank. Each
year the IRS makes data available from two years previous, so the 2004
Index contains data from 2002 income tax returns. The report does not take
into account non-itemized giving or any state's cost of living.
With a positive rank relation of 45 (income rank of 50, giving rank
of 5), MISSISSIPPI earned the title of the most giving state in the nation
for the eighth consecutive year. The Magnolia State was followed by ARKANSAS
(41), OKLAHOMA (35), LOUISIANA (32), ALABAMA (31) and TENNESSEE (31). On
the opposite end, the states least prone to charitable giving were NEW
HAMPSHIRE (-39), which finished dead last for the sixth time in the last
eight years, followed by MASSACHUSETTS (-36), RHODE ISLAND (-34) and NEW
JERSEY (-32).
The accompanying chart shows each state's "having" (income) rank, giving
rank and overall position on the Index. To learn more about the Catalogue
for Philanthropy, visit their Web site at http://www.catalogueforphilanthropy.org/.
-- By RICH EHISEN
| State
Recaps available this week on the State Net website:
AK,
AL, CA, CO, CT, FL, GA, HI, IA, ID, IL, IN, KS, KY, LA, MD, ME, MN, MO,
MS, NC, NE, NH, NM, OK, PA, RI, SC, SD, TN, UT, VA, VT, WA, WI, WV, WY
TOP OF
PAGE |
Hot issues
BUSINESS: The OHIO House
overwhelmingly approves a measure that would establish criminal and civil
penalties for spammers. The bill targets people who knowingly use a computer
to send five or more spam e-mails, and who try to hide their identity in
the process. That violation could become a felony if the volume exceeds
250 messages a day or 2,500 a month. The bill now heads to Gov. Bob Taft
(R) (DAYTON DAILY NEWS). * MICHIGAN Gov. Jennifer Granholm (D) signs legislation
that will allow retailers to sell liquor above what has been a state-set
price. The bill does not affect bars and restaurants, which do not have
their liquor prices capped (SOUTH BEND TRIBUNE). * WISCONSIN Gov. Jim Doyle
(D) announces the formation of a statewide effort to bolster entrepreneurship
in the Badger State. State commerce officials pledged $1 million to fund
the effort, which will be called the Wisconsin Entrepreneur's Network (BUSINESS
JOURNAL [MILWAUKEE]).
CRIME & PUNISHMENT: Law enforcement
officials in NORTH DAKOTA begin setting up a notification program for "vulnerable"
adults, similar to the Amber Alert system established for children. The
system, which will include photos, physical descriptions and personal information,
was inspired by the kidnaping and sexual assault of a mentally disabled
woman (THE FORUM [FARGO]). * The COLORADO Dept. of Corrections agrees to
loosen restrictions on inmate reading material. The change comes as part
of a settlement of a suit brought by the American Civil Liberties Union
on behalf of multiple book publishers and prisoners who claimed the state
was practicing illegal censorship. The DOC still bans the general population
from receiving hate literature and sex offenders from acquiring pornography
(DENVER POST). * PENNSYLVANIA Gov. Ed Rendell (D) signs SB 92, which broadens
the state Megan's Law to allow information on more than 7,000 registered
sex offenders to be placed on a Keystone State Web site. The current site
contains information on only 57 offenders. Under the bill, the new site
must be completed within six months (PITTSBURGH POST-GAZETTE).
EDUCATION: A federal appeals court
rules that colleges and universities have a First Amendment right to bar
military recruiters from their campuses in protest of the Defense Department's
policy of excluding gays from military service without fear of losing federal
money. The decision contradicts a 1995 federal law that bars the government
from distributing money to colleges that obstruct campus military recruitment.
University law schools from schools in NEW YORK and CALIFORNIA were among
those seeking the decision, which government officials may appeal (NEW
YORK TIMES). * MICHIGAN Gov. Jennifer Granholm (D) signs a group of bills
that collectively require intermediate school districts (ISD) to post financial
information about contracts, travel and salaries on their Web site. The
Wolverine State has 57 ISDs (LANSING STATE JOURNAL). * The University of
OKLAHOMA bans the consumption of alcohol at all fraternities and residence
halls. The new rules are in response to the drinking-related death of a
19-year-old student in September. The restrictions go into effect in January
(SHAWNEE NEWS STAR).
ENVIRONMENTAL: A SOUTH DAKOTA court
prohibits "road hunting," or shooting game birds that have left the legal
right of way and flown over private land. The decision strikes down a 2003
Coyote State law that expanded the practice (ARGUS LEADER [BISMARCK]).
* NEW MEXICO Gov. Bill Richardson (D) backs off on his earlier support
of a planned uranium-enrichment facility until the state gets a guarantee
that no radioactive waste will be left in the state. Richardson said the
state will not issue the permits necessary to build the plant until language
in a federal spending bill that requires the federal government to take
possession of radioactive waste from existing storage facilities is changed
(SANTA FE NEW MEXICAN).
HEALTH: The U.S. Supreme Court begins
hearing arguments on whether the Constitution allows the federal government
to take legal action against people who use medicinal marijuana in states
where such use is legal. At stake is the possible reconsideration of Washington's
authority over states under the Constitution's commerce clause (WASHINGTON
POST). * The largest health insurer in ALABAMA stops covering gastric bypass
surgery, the stomach shrinking surgery that is a fast-growing trend in
treating chronic obesity. Blue Cross/Blue Shield ordered the stoppage while
it is reviewing possible rule changes, including making overweight people
first attempt to treat their obesity through doctor-supervised dieting
(HUNTSVILLE TIMES). * An OHIO House committee approves significant alterations
to SB 80, which would cap non-economic damages to malpractice victims.
The committee endorsed a version that erases proposed limits on such jury
awards. The bill now heads to the full House for consideration before returning
to the Senate, which passed the original version last year (CLEVELAND PLAIN
DEALER).
SOCIAL POLICY: The U.S. Supreme
Court refuses to hear a challenge to a MASSACHUSETTS law that allows same-sex
marriage. Plaintiffs were asking the court to overturn the Bay State law
on the grounds that the state's Supreme Judicial Court had overstepped
its authority under the U.S. Constitution and usurped the power of the
state Legislature. The court declined the case without comment (BOSTON
GLOBE). * In contrast, the LOUISIANA Supreme Court begins considering whether
to uphold the Sept. 18 decision by Pelican State voters to add a ban on
same-sex marriage to the state constitution. Plaintiffs contend that a
lower court was incorrect in voiding the vote results on the grounds the
measure had more than a single purpose (TIMES PICAYUNE [NEW ORLEANS]).
* MICHIGAN Gov. Jennifer Granholm (D) decides against including benefits
for the partners of gay and lesbian state employees. The state had planned
to offer the benefits under contracts scheduled to go into effect next
week, but Granholm changed direction after voters in November approved
a state constitutional amendment that bans same-sex marriage (DETROIT FREE
PRESS). * A CONNECTICUT court says it is not abuse if parents spank their
kids, even if they use a belt and leave bruises. The court recognized a
parent's right to "use reasonable physical force" to discipline their child
(HARTFORD COURANT).
POTPOURRI: The U.S. Census Bureau
releases data for 2003 that shows one-third of men and nearly one-quarter
of women between the ages of 30 and 34 have never been married, nearly
four times the rates in 1970. Data from the Current Population Survey says
the age at which someone typically marries for the first time rose from
20.8 for women and 23.2 for men in 1970 to 25.3 and 27.1, respectively,
last year. In 1970, only 6 percent of women 30 to 34 had never been married;
the figure was 23 percent in 2003. The rate for never-married men in the
same age group rose from 9 percent to 33 percent (ASSOCIATED PRESS).
-- Compiled by RICH EHISEN
TOP OF PAGE
Once around the statehouse
lightly
THEY THREW A PARTY, BUT- The
brand new CALIFORNIA Legislature came into being last Tuesday. Sworn Senate
membership: 20. Sworn Assembly membership: 0. That translates to half the
Senate and none of the Assembly. According to the San Francisco Chronicle,
members elected this past November won't be sworn into office until today,
December 6, nearly a one-week gap, but no one seems terribly concerned.
One state official says that, should a dire emergency occur, the governor
could call a special session where new members would be sworn in and able
to act. So, for one week at least, the Legislature is exactly the way Gov.
Arnold Schwarzenegger would like it to be: very small and part time.
INTO THE *@%&* SUNSET. One of
the more colorful characters in CALIFORNIA political history officially
left state government on December 1, his term in the Legislature ended.
But Democrat John Burton, the former Senate pro tem, held one last press
conference in the state Capitol and, typical of Burton, laced his performance
with a blend of pathos and profanity. According to California Journal,
Burton was true to character, his answers to questions well sprinkled with
the "f" word. But Burton also was moved to tears when asked why he spent
so much of his career trying to help the poor. The crusty former lawmaker
choked up when he explained that his work for the poor was a legacy left
to him by his father. Consensus among reporters: Johnny, we'll really miss
ya.
OFF COLOR. If you thought the ILLINOIS
Dept. of Public Health would continue to supply free colored and flavored
condoms, think again, reports The Associated Press. Gov. Rod Blagojevich
last week ordered the department to stop buying the bright and beautiful
and stick to the mundane, plain and ordinary. "It's one thing to promote
safe sex," says a spokeswoman for the governor. "It's another to encourage
sexual activity."
DEVIL IN THE DETAILS. When a new
governor takes over, the problems and expenses facing a state involve more
than ice sculptures at an inaugural, notes Stateline.org. Nine new governors
will take office in January. That's nine states that must now change the
governor's name on every "Welcome to" road sign. And what, pray tell, is
NEW JERSEY to do? Gov. James McGreevey resigned and was replaced by Gov.
Richard Codey. Left behind by McGreevey: $100 worth of band-aid dispensers
and cupholders bearing McGreevey's name, not to mention 10,000 Garden State
travel brochures featuring McGreevey and his family. What to do, what to
do? Other states with similar problems include CONNECTICUT, INDIANA, NEW
HAMPSHIRE, WEST VIRGINIA, MISSOURI, MONTANA and UTAH. And then, there is
WASHINGTON, where the identity of the new governor still is unknown, pending
a recount in the closest election in state history.
PER DIEM. Former WEST VIRGINIA lawmaker
Jerry Mazzatesta thinks the state owes him three days worth of per diem
payments -- at $150 a day. He also has asked for $115 a day in expenses
and $192 for mileage. The three days in question? According to The Charleston
Gazette, Mazzatesta wants to be paid for the days he spent cleaning out
his Charleston office. Oh, he also spent part of the time pleading "no
contest" to a criminal charge of altering and destroying legislative computer
records, among other acts designed to cover up a violation of state ethics
laws. He was placed on 90 days' probation and fined $500.
-- By A.G. BLOCK
TOP OF PAGE
In
The Hopper
State Net's data
base tracks tens of thousands of bills in all 50 states at any given time.
Here's a snapshot of what's in the legislative works:
Number of 2005 prefiles
this week: 814
Number of 2004 Intros
this week: 395
Number of bills enacted/adopted
this week: 112
Number of 2005 prefiles
to date: 3,091
Number of 2004 Intros
to date: 92,732
Number of enacted/adopted
overall in 2004: 26,297
Total number of measures
in State Net database: 88,807
Compiled
By GINA HUMMELL | Data current as of 11/19/04 | Source: State Net
database
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PAGE
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Executive Editor: A.G.
Block
Associate Editors: Rich
Ehisen, Korey
Clark
Editorial Advisor: Lou Cannon
Correspondents: Richard Cox (CA),
Steve Karas (CA),
Bruce McKeeman (CA), Kelli Harvell Walter (FL), Linda Mendenhall (IL),
Lauren King (MA) and Ben Livingsgood (PA)
Design: Richard Hansen, Heather
Conway
Copyright 2004 State Net
ISSN: 1521-8449
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