State Net ************************************************** C A P I T O L J O U R N A L ************************************************** News & Views from the 50 States ================================================================= Volume XII, No. 48 Monday, December 6, 2004 ================================================================= ##### TOP OF THE NEWS ##### SNCJ SPOTLIGHT .............................1 * Schwarzenegger, Granholm inspire call to amend Constitution BUDGET & TAXES .............................2 * Business tax incentives face court challenge POLITICS & LEADERSHIP .............................3 * California's Prop 72 fails, passes, fails ACROSS STATE LINES .............................4 IN THE HOPPER .............................5 HOT ISSUES .............................6 ELECTIONS .............................7 ONCE AROUND THE STATEHOUSE LIGHTLY .............................8 ***************************************************************** "Is he willing to risk his entire relationship with the Legislature on this? If he loses, then he's going to be paralyzed for the next three or six years. It risks the effectiveness of his governorship because he can't go to the ballot every time he has an issue." Democratic political consultant Steve Maviglio on the possibility of CALIFORNIA Gov. Arnold Schwarzenegger (R) going around the Democrat-controlled Legislature by calling a special election to have voters address redistricting and the budget. "It makes a lot of sense for him to do it, because it comes under the heading of political reform and fighting the status quo and the system. That's very consistent with how he's positioned himself from day one." Democratic political consultant Darry Sragow. (SACRAMENTO BEE) ***************************************************************** State Recaps available this week: 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 ***************************************************************** ***** #1--SNCJ SPOTLIGHT ***** Schwarzenegger, Granholm inspire call to amend Consitution 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 ***************************************************************** ***** #2--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 ***************************************************************** ***** #3--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 ***************************************************************** ***** #4--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 ----------------------------------------------------------------- | Generosity Index 2004 | ----------------------------------------------------------------- | | Having | Giving | Rank | Generosity | | State | rank | rank | Relation | Index | ----------------------------------------------------------------- |Mississippi | 50 | 5 | 45 | 1 | |Arkansas | 47 | 6 | 41 | 2 | |Oklahoma | 43 | 8 | 35 | 3 | |Louisiana | 42 | 10 | 32 | 4 | |Alabama | 38 | 7 | 31 | 5 | |Tennessee | 34 | 3 | 31 | 6 | |South Dakota | 44 | 14 | 30 | 7 | |Utah | 31 | 2 | 29 | 8 | |South Carolina | 40 | 12 | 28 | 9 | |Idaho | 41 | 20 | 21 | 10 | |Wyoming | 21 | 1 | 20 | 11 | |Texas | 23 | 4 | 19 | 12 | |West Virginia | 48 | 31 | 17 | 13 | |Nebraska | 35 | 19 | 16 | 14 | |North Dakota | 46 | 30 | 16 | 15 | |North Carolina | 27 | 15 | 12 | 16 | |Kansas | 25 | 18 | 7 | 17 | |Florida | 20 | 13 | 7 | 18 | |Georgia | 17 | 11 | 6 | 19 | |Kentucky | 39 | 33 | 6 | 20 | |Montana | 49 | 43 | 6 | 21 | |Missouri | 29 | 24 | 5 | 22 | |New Mexico | 45 | 40 | 5 | 23 | |Alaska | 24 | 21 | 3 | 24 | |Indiana | 28 | 29 | -1 | 25 | |New York | 5 | 9 | -4 | 26 | |Iowa | 36 | 44 | -8 | 27 | |Ohio | 32 | 42 | -10 | 28 | |California | 6 | 17 | -11 | 29 | |Maryland | 4 | 16 | -12 | 30 | |Illinois | 10 | 22 | -12 | 31 | |Maine | 37 | 50 | -13 | 32 | |Delaware | 13 | 27 | -14 | 33 | |Washington | 11 | 25 | -14 | 34 | |Vermont | 33 | 47 | -14 | 35 | |Oregon | 26 | 41 | -15 | 36 | |Hawaii | 30 | 45 | -15 | 37 | |Virginia | 7 | 23 | -16 | 38 | |Arizona | 22 | 38 | -16 | 39 | |Nevada | 14 | 32 | -18 | 40 | |Pennsylvania | 18 | 36 | -18 | 41 | |Michigan | 16 | 35 | -19 | 42 | |Colorado | 8 | 28 | -20 | 43 | |Connecticut | 1 | 26 | -25 | 44 | |Minnesota | 12 | 37 | -25 | 45 | |Wisconsin | 19 | 46 | -27 | 46 | |New Jersey | 2 | 34 | -32 | 47 | |Rhode Island | 15 | 49 | -34 | 48 | |Massachusetts | 3 | 39 | -36 | 49 | |New Hampshire | 9 | 48 | -39 | 50 | ----------------------------------------------------------------- Source: Catalogue for Philanthropy ***************************************************************** ***** #5--IN THE HOPPER ***** State Net tracks tens of thousands of bills in all 50 states and Congress at any given time. Here's a snapshot of what's in the legislative works: Number of 2005 prefiles this week: 297 Number of 2004 Intros this week: 212 Number of bills enacted/adopted this week: 102 Number of 2005 prefiles to date: 3,388 Number of 2004 Intros to date: 92,944 Number of enacted/adopted overall in 2004: 26,399 Total number of measures in State Net database: 89,279 --Compiled By GINA HUMMELL (measures current as of 11/26/2004) Source: State Net database ----------------------------------------------------------------- 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 (session information current as of 12/03/2004) Source: State Net database ***************************************************************** ***** #6--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 ***************************************************************** ***** #7--ELECTIONS ***** UPCOMING ELECTIONS (11/22/2004 - 12/06/2004): 12/04/2004 - Louisiana - General Runoff - US House (3, 7) ***************************************************************** ***** #8--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 ***************************************************************** State Net Publications """""""""""""""""""""" Executive Editor: A.G. Block, e-mail: capj@statenet.com Assoc. Ed.: Rich Ehisen, e-mail: capj@statenet.com Copyright 2004, Information for Public Affairs, Inc. ***************************************************************** To receive future issues in PDF or HTML format contact our Help Desk at 800/726-4566 or email helpdesk@statenet.com. To unsubscribe, go to http://statenet.com/unsubscribe *****************************************************************