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Volume
XII, No. 51
December 27, 2004
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| TOP
STORY
Federal homeland security
grants to states are slated to drop sharply in 2005, leaving a host of
state and federal lawmakers from CALIFORNIA to MAINE perplexed, angry and
calling for answers.
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SNCJ
Spotlight
States
win, lose big in 2005 homeland security funding
The federal government is taking a different approach to homeland security
funding in 2005, leaving several states fighting mad over sometimes dramatic
and often puzzling downgrades they say will leave them more vulnerable
to a future terrorist attack. |
Homeland security allocations to states will decline sharply
in 2005 -- roughly $2.5 billion in FY 2005 compared to $3.1 billion in
FY 2004. Federal officials also applied a new formula this year in devising
grants under the Urban Area Security Initiative (UASI), additional monies
given to states with obvious high-risk targets, such as large urban areas
or other significant infrastructure like ports or major rail centers. While
each state will continue to receive 0.75 percent of the general State Homeland
Security Grant Program funds, UASI grants for 2005 were calculated with
a formula that takes into account state and local reports of potential
terrorist activity. That process change also led to seven cities, including
New Haven, CONNECTICUT; Memphis, TENNESSEE; and Fresno, CALIFORNIA,
being dropped from the UASI list. Honolulu, HAWAII; Arlington and Fort
Worth TEXAS; Jacksonville, FLORIDA; and Omaha, NEBRASKA are
among the cities added to the UASI list for 2005.
Although the formula change had a major affect on state per capita funding,
it did not change the overall per capita leader, WYOMING. The Equality
State seemed anything but equal to many in 2004, when, although it drew
the nation's smallest homeland security grant total ($18.8 million), its
sparse population made it the country's leading per capita funding recipient
at almost $40 per person. While that figure takes a big hit in 2005, according
to a December report from the Congressional Research Service the state
will still receive $27.80 per capita, easily the most in the nation. Other
meagerly populated states will also continue to fare well in 2005, as ALASKA
($24.83), NORTH DAKOTA and VERMONT (both at $23.83) will receive more than
$20 per capita in 2005 (see Across state lines on page 5) for a complete
run down of each state's 2005 total and per capita funding).
The nation's two most populous states will also continue to collect
the bulk of the federal outlay, with NEW YORK leading the way at $298.3
million, followed by CALIFORNIA at $283 million. Texas, Florida, and ILLINOIS
will also see big dollars, with all slated to receive over $100 million
each. New York is also the only state that will receive more money per
capita next year, moving from $10.13 per person in 2004 to $15.54 in 2005.
The funding cuts did not sit well with many state leaders, most of whom
say they were given no warning of the impending rollbacks nor any reasons
for why their states were targeted. Connecticut Gov. M. Jodi Rell (R) and
NEW JERSEY Gov. Richard Codey (D) were among the first to voice their displeasure
with the cuts. Rell was incensed over the slashing of the more than $10
million in funding for New Haven, particularly in light of cities like
Omaha and Jacksonville gaining $5.1 and $6.9 million respectively. The
governor lobbied outgoing Homeland Security Secretary Tom Ridge with a
letter asking him to either restore the funding or to grant the state additional
funds under the 2005 Port Security Grant Program. Rell called Connecticut's
ports "a gateway to all of New England." Rell also vowed to seek help in
her fight, specifically naming fellow Republican governors Mitt Romney
of MASSACHUSETTS and George Pataki of New York as potential allies.
Codey was in a similar frame of mind after learning the Garden State
would have to absorb a $28 million funding cut. The majority of that comes
in the form of a 60 percent reduction in the UASI grant to Jersey City,
a total of $17 million. Codey called the cuts a "sucker punch" and promised
that he and the state's congressional leaders would also lobby Ridge --
or his replacement -- to restore the funds. New Jersey Sen. John Corzine
(D) blasted the Bush administration for the reductions, insinuating they
were political in nature. In a joint press conference with Codey and Sen.
Frank Lautenberg, Corzine expressed incredulity that New York City received
a funding hike of around $207 million while Jersey City, just on the other
side of the Holland Tunnel, a main artery between the two states, will
now get only a bit less than $7 million in 2005.
"The state of Wyoming is leading the nation in per capita homeland security
funding at $27.80 a person," Corzine said. "New Jersey -- where 700 residents
lost their lives on 9/11, where at least two of the hijackers got their
papers, from where the anthrax attacks against Congress were launched --
will receive only $7.80 per capita for homeland security funding. New Jersey
boasts the most dangerous two-mile stretch in the nation, yet we receive
$20 less per capita than Wyoming? It is as astonishing as it is unacceptable."
But DHS officials deny the cuts are a direct result of politics, saying
they are rather the result of a more mature evaluation process that does
not just consider population and infrastructure as the primary factors
for handing out security dollars. In an interview with Congressional Quarterly
earlier this month, DHS State and Local Government Coordinator Josh Filler
said the agency is now taking into account several new criteria, including
reports made by local officials on possible terrorist activity in their
areas and active investigations into terrorism and immigration issues in
those locales. Filler said the agency is also considering mutual aid agreements
between cities in assessing funding needs. DHS officials also refute state
claims that there was no prior warning of the impending funding formula
changes, noting that most of the new standards were available months ago
on the agency Web site.
What federal officials have not explained to states' satisfaction is
how those criteria are evaluated, how they equate to funding allocations
and whether those allocations now represent enhanced terror risks to the
specific cities and regions that receive them. Filler, for example, told
Congressional Quarterly that although New York City's UASI grant practically
quadrupled, it should not be viewed as an indication of increased terrorist
threats against the city.
Security experts say poor communication has long been a problem in how
the feds deal with states on homeland security issues, a situation that
has led some states to take a more proactive role in fighting terrorism
on the home front. ARIZONA, for instance, is among a handful of states
to develop regional advisory councils made up of state and local leaders
who will define each region's homeland security needs and determine where
and how the state spends its federal security grant dollars. The goal is
to speed up the process of getting those funds into the hands of public
safety agencies responsible for fighting terrorism.
Massachusetts' Romney also wants states to take on a greater role in
preventing terrorism, specifically by gathering their own intelligence
rather than relying solely on federal investigations to root out terror
threats. Romney, the head of a national homeland security workgroup made
up of state and local officials and business executives from around the
country, recently made his pitch to Ridge and the Homeland Security Advisory
Council, suggesting that every state should be actively working with both
local agencies and private businesses to report on suspicious activities
that could foreshadow a terrorist attack. Romney noted that several states,
including New York, COLORADO and California, are already working on "fusion
centers" that collect and synthesize such information. He claimed such
centers are necessary because the intelligence states get from the federal
government is "oftentimes confusing" and contradictory, and is usually
classified as top secret, which prevents state officials from sharing it
with local officials who do not have the proper security clearance. Romney
suggested that additional federal grants would be needed to fund such centers
in every state.
That could be a problem, given how Washington reduced state funding
for 2005. Romney's plan, which he himself compared to tactics used in some
countries during the Cold War, would also likely spark a furious debate
over civil liberties. Regardless, Romney has vowed to push for a Bay State
fusion center in the near future.
"Whether I'm going to get funding from the federal government or not,
this is a priority and I'm going after this," he said. (NEW HAVEN REGISTER,
NEW YORK TIMES, CONGRESSIONAL QUARTERLY, ARIZONA REPUBLIC, STATELINE.ORG,
CONNECTICUT GOVERNOR'S OFFICE, DEPT. OF HOMELAND SECURITY, NATIONAL CONFERENCE
OF STATE LEGISLATURES, CONGRESSIONAL RESEARCH SERVICE, STAR-LEDGER [NEWARK],
OFFICE OF U.S. SEN. JOHN CORZINE)
-- Compiled by RICH EHISEN
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OF PAGE
The
Week in Session
Regular
Session: DC, MI, NY
Special
Session: MD "a"
Recess:
CA, DE "c", IL, MA, ME, NJ
Prefiling
(Drafts for 2005):
AL,
AR, AZ, CO, CT, FL, GA, IN, KS, KY, MA, MO, MT, ND, NH, NV, OK, SC, TN,
TX, UT, VA, WA, 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, OH (Senate Only), OK, PA, RI, SC, SD,
TN, US, 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", FL "a", GA "a", IA "b", IL "a-q", KY "a",
LA "a", ME "a", ME "b", MS "a", MS "b", MS "c", NC "c", NV "a", NY "a",
OH "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: OH
Letters
indicate special/extraordinary sessions
Compiled
By GINA HUMMELL | Data current as of 12/24/04 | Source: State
Net database
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Politics
& leadership
527s RAISE STAKES IN STATE RACES:
Nonprofit "527" groups brought not only
national dollars but also national political know-how to this year's state
elections, according to political finance watchdogs. A report released
last week by the nonpartisan Center for Public Integrity indicated that
527s -- named after a section of the federal tax code -- spent $94 million
on state races in 2004, more than double the amount spent in 2002.
The biggest spender was the Republican Governors
Association, which poured $33.6 million into this year's 11 gubernatorial
races, helping Secretary of State Matt Blunt (R) defeat his Democratic
opponent, State Auditor Claire McCaskill, in MISSOURI, and Mitch Daniels
(R) defeat acting Democratic Gov. Joe Kernan in INDIANA.
In the legislative arena, the Democratic Legislative
Campaign Committee (DLCC) and Republican State Leadership Committee spent
$17 million combined on statehouse races, which is way up over 2002's $7.5
million. David Magleby, a professor of political science at Brigham Young
University, said the groups also introduced advanced polling techniques
and political strategies into the state campaigns, methods usually reserved
for national races. Democrats attribute much of their success in statehouse
contests this year -- capturing control of eight legislative chambers --
to that infusion of political expertise. It was thanks to the help of the
DLCC, COLORADO Senate President Joan Fitz-Gerald (D) told her colleagues
at a recent DLCC meeting in Washington, D.C., that the Democrats took over
both of the Centennial State's legislative chambers for the first time
in over four decades. "The DLCC polling told us where to go and what message
to carry," she said.
Professor Magleby predicts the influence of 527s
will continue to grow in the future, encompassing ballot measures and even
state legislation. (STATELINE.ORG)
CT SENATE LEADER INITIATES FLEDGLING GOV: CONNECTICUT
Gov. M. Jodi Rell (R) got her first real taste of partisan politics last
week, when Senate President Pro Tem Donald E. Williams Jr. (D) criticized
her for not doing enough to purge her administration of the taint of former
Gov. John G. Rowland, who resigned last summer over ethics violations.
Shortly after assuming office, Rell removed a number of Rowland's prominent
appointees as part of a "housecleaning" that earned her praise from both
sides of the aisle. But Williams said Rell has allowed many Rowland loyalists
to remain on the state payroll and he called on the new governor to "conduct
a true housecleaning" by removing all of the state commissioners appointed
by Rowland. Republican lawmakers dismissed Williams' comments as partisan
politics spurred by a slow news day. But political observers say Williams'
attack suggests that Democrats may intend to try to make credibility an
issue for Rell, which they point out is what ultimately led to Rowland's
downfall. (HARTFORD COURANT)
CONSERVATIVES SEEK CHANGE IN MO HIGH COURT:
On Dec. 7, the MISSOURI Supreme Court
overturned a death sentence in a double murder case. In its decision, the
court stated that defense lawyers had failed to adequately explore the
killer's troubled youth and mental deficiencies. That ruling has only intensified
criticism from conservatives that the high court has moved too far left,
a case they've been making since Gov. Bob Holden's (D) selection to the
court in 2002 shifted the majority from Republican appointees to Democratic
ones.
Republicans tried to do something about that last
spring when they introduced a bill in the House that would have asked voters
to do away with the state's 44-year-old gubernatorial appointment system
and reinstate direct election of Supreme Court justices. That bill failed
to make it out of committee. But Republicans, who increased their majorities
in both chambers and also won control of the governor's office in November,
are confident they'll have more success in the upcoming session. "I'm going
to be very disappointed if we can't get some fairly significant activity
going this time, whether it be a bill or some impeachments," said Rep.
Ed Emery (R), one of the 56 co-sponsors of last session's direct-election
bill. Success with the direct-election approach, at least, seems unlikely.
Rep. Richard Byrd (R), chairman of the House Judiciary Committee, said,
"I announced last session that I wouldn't hear any such bill in my committee,
and I will have the same attitude this time." (ST. LOUIS POST-DISPATCH)
POLITICS IN BRIEF: Voting
machine vendors have spent $357,000 in the last six months and more than
$854,000 over the past three years lobbying the state of NEW YORK during
its deliberations over how to go about replacing its aging lever-action
voting machines with electronic models. One of the primary issues is whether
the state should limit local governments to buying just one or two models
or adopt standards that would allow them to purchase a variety of different
machines. The largest contributors were the two biggest companies in the
voting machine business: Diebold Election Systems and Sequoia Voting Systems
(TIMES UNION [ALBANY]). * Last Monday, the PENNSYLVANIA Supreme Court ordered
Secretary of State Pedro Cortes to hold a special election Feb. 8 to fill
a vacancy in the state House of Representatives. The ruling stems from
a lawsuit filed by House Speaker John M. Perzel (R) and Majority Leader
Sam Smith (R) after Cortes rejected their efforts to schedule an election,
claiming neither of the two had the authority to do so because neither
had been elected for the new session yet (ASSOCIATED PRESS, PITTSBURGH
TRIBUNE-REVIEW). * ALASKA Rep. Pete Kott (R), who was at the center of
a failed attempt last month to seize control of the House, said that he
is considering quitting the Legislature. In his first public remarks since
the coup attempt, Kott said he thought all along that the effort only had
a 50-50 chance of succeeding, and that he might now resign "if there is
a better offer on the street" (ANCHORAGE DAILY NEWS). * The chief investigator
in the ethics case against NEVADA Controller Kathy Augustine was fired
last week after it was learned she had failed to divulge at the time of
her hiring that she had a criminal record, including a felony conviction
in CALIFORNIA for writing bad checks in the early 90s. The investigator,
Linda Honey, didn't fare quite as well for her ethical lapse as Augustine,
who, despite being impeached earlier this month for using state resources
on her 2002 re-election campaign, managed to keep her job (LAS VEGAS SUN).
-- Compiled by RICH EHISEN
TOP OF PAGE
Budget
& taxes
CALIFORNIA IN CREDIT CARD TROUBLE:
CALIFORNIA has charged up billions of dollars in debt over the past several
years, and financial experts say the payments on all of that borrowing
will soon be so high that they could hinder the state's economic recovery.
The Golden State's total bill currently stands
at $51 billion. The state spent about $2.4 billion on servicing that debt
last fiscal year and could spend more than $5.5 billion this year, according
to the SAER Group, a public finance consulting firm based in Sacramento.
That is potentially $3.1 billion that could have paid the salaries of 50,000
school teachers, covered the cost of educating 357,000 students or funded
healthcare for 847,000 residents.
Particularly disturbing to economists is that
much of California's huge debt was incurred not to finance infrastructure
programs that will drive the state's economy but merely to balance the
budget without cutting state programs or raising taxes. But even more alarming
is that the excessive debt will hamper the state's ability to borrow for
programs that are crucial to its economic growth, such as repairing its
crumbling highway system, maintaining its higher education system and keeping
its hospitals open. "There are enormous infrastructure needs that are really
vital to California jobs and how people get to them. It's going to be very
difficult to make those investments when you reach this level of state
debt," said the SAER Group's Steven Spears.
Some political observers say California's voters
are partly responsible for the state's credit troubles, because they actually
approved most of the borrowing, which they suggest is part of a larger
problem. As Mark Baldassare, director of the Public Policy Institute of
California, put it, "Voters are generally engaged and not informed and
increasingly are making all the public policy decisions in this state."
But others seem to think there is plenty of blame
to go around. "At some point, our kids are going to wonder what the hell
we were all on," said Leon Panetta, former director of the federal Office
of Management and Budget. (LOS ANGELES TIMES)
CO GOV PITCHES BUDGET FIX: Last
week, COLORADO Gov. Bill Owens (R) unveiled his plan to address the state's
short-term and long-term budget problems. State economists had reported
the same day that although revenues were up, the state would reach its
constitutional revenue limit under the Taxpayer's Bill of Rights (TABOR)
and, therefore, lawmakers would have to cut about $52 million from the
current budget this year and $234 million in 2005-06.
Owens' proposal would relax the limits on the
amount of revenue the state can take in under TABOR and seek voter approval
for the state to keep $500 million of the TABOR tax refunds scheduled for
next year; cut the state's income tax rate from 4.63 percent to 4.5 percent;
and sell off the state's share of the tobacco settlement for a single lump-sum
payment of between $800 million and $900 million. Noticeably absent from
the plan was any mention of Amendment 23, which mandates regular spending
increases in K-12 education, and which Owens insisted over the last year
had to be addressed along with TABOR.
Still, there was praise for Owens' plan among
Democrats, who took control of both chambers of the Legislature for the
first time in 44 years with last month's election. "I'm really happy that
we're at the table talking about how we need to change TABOR rather than
arguing about whether we need to," said Rep. Tom Plant (D), who sits on
the Joint Budget Committee. That approval comes as no great surprise to
some, however, given the plan's resemblance to a proposal pitched during
the summer by Democratic House Speaker-elect Andrew Romanoff.
Owens' plan didn't have every Democrat gushing,
though. Senate Majority Leader-elect Ken Gordon, for instance, felt there
was room for improvement. "This doesn't really solve the entire problem,"
he said. Something the Democratic leaders will hammer out when the Legislature
convenes next year. (DENVER POST, ROCKY MOUNTAIN NEWS)
HUMBUG SESSION OPENS DOOR FOR VETOES: Tomorrow,
MARYLAND's General Assembly will convene in special session for the first
time in more than a decade. Gov. Robert L. Ehrlich Jr. (R) -- apparently
having seen only the first half of Charles Dickens' "A Christmas Carol"
-- cut lawmakers' Christmas holiday short in order to address the issue
of medical malpractice before doctors have to pay their premiums for next
year, on Jan. 1. But lawmakers may actually end up out-Scrooging the governor.
Senate President Thomas V. Mike Miller (D) said he disagrees with Ehrlich
and House Speaker Michael E. Busch (D) on the details of medical malpractice
reform and doesn't expect a compromise to be worked out until the first
week of the regular session, which starts Jan. 12. However, the session
does provide an early opportunity for lawmakers to overturn some of Ehrlich's
May vetoes, most notably a proposal to cap state university tuition and
increase funding for higher education. Although a three-fifths supermajority
in both houses would be needed -- which could present a challenge if many
lawmakers fail to show up for the session -- Miller is confident there
will be enough support in his chamber at least to override the tuition
bill. (WASHINGTON POST, BALTIMORE SUN)
BUDGETS IN BRIEF: On
Jan. 1, the minimum wage will increase in five states: ILLINOIS ($5.15
to $6.15), NEW YORK ($5.15 to $6.00), OREGON ($7.05 to $7.25), VERMONT
($6.75 to $7.00) and WASHINGTON ($7.15 to $7.35). Those states join eight
others with minimum wage rates that exceed the federal level of $5.15,
set back in 1997. FLORIDA and NEVADA may be added to that list in the not-too-distant
future, as voters in those two states approved measures on Nov. 2 raising
their minimum wage to $6.15 (STATELINE.ORG). * MISSISSIPPI Gov. Haley Barbour
(R) said he will cut Medicaid next month if the agency is more than 12
percent over budget, as he expects it to be. The Legislature could forestall
that action with an appropriation early in the session -- which begins
Jan. 4 -- but no funding source has yet been found (CLARION-LEDGER [JACKSON]).
* HAWAII Gov. Linda Lingle's (R) 2006-07 budget plan, released last week,
calls for a spending increase of 11 percent in the first year and 14.2
percent in the second -- mainly for low-income housing and education --
without a tax hike, thanks to the state's recovering economy. The bad news
in her proposal was that about 80 percent of revenue was being consumed
by various fixed costs, including debt service and Medicaid (HONOLULU ADVERTISER,
HONOLULU STAR-BULLETIN).
-- Compiled by KOREY CLARK
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Across state lines
States
will make due with less homeland security $ in 2005
Federal funding for homeland security is down slightly for fiscal year
2005, and many states are not happy about it (See SNCJ Spotlight in this
issue). In 2004, each state received 0.75 percent of the funds handed out
by the Department of Homeland Security (DHS) through its three primary
grant avenues -- the State Homeland Security Program, the Law Enforcement
Terrorism Prevention Program and the Citizen Corp Grant Program. While
that percentage has not changed for 2005, funding formulas for determining
other state allocations, such as the Urban Area Security Initiative (UASI),
additional funds given out to some states to help protect specific high-risk
areas, have significantly changed.
According to analysis from the Congressional Research Service, WYOMING
remains the leader in per capita funding at $27.80 per person, while VIRGINIA
receives only $5.23 per capita, the lowest in the nation. Not surprisingly,
NEW YORK ($298.3 million) and CALIFORNIA ($283 million), the nations's
two most populous states, top the list in total grant money for 2005. The
accompanying chart shows each state's total 2005 homeland security funding
and rank overall and in per-capita security funding. The full DHS report
can be viewed at, http://www.dhs.gov/dhspublic/display?content=4185; the
Congressional Research Service Report can be found at http://homeland.cq.com/hs/flatfiles/temporaryItems/20041214_cr
s.pdf.

Upcoming
elections
There
are no elections currently scheduled.
TOP
OF PAGE
|
Bird's eye view
Are
states ready for bioterror threat?
Three
years after 9/11, most states are still struggling to meet and maintain
basic levels of readiness for a major public health emergency, including
a bioterror attack. So says a new report from Trust for America's Health
(TFAH), a Washington D.C.-based non-profit, non-partisan health advocacy
group. The survey results are based on 10 specific indicators, including
state-local coordination, quarantine authority, laboratory workforce and
testing capability. States were ranked on a 0-10 scale, depending on how
many indicators they achieved. According to TFAH, only FLORIDA and NORTH
CAROLINA earned as many as nine indicators, with most states (20) registering
only six. Two - ALASKA and MASSACHUSETTS - garnered only three indicators,
the least of any state. The accompanying map shows the score for each state.
To view the full report, please visit the TFAH Web site at http://healthyamericans.org/.
| 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, MI, MN,
MO, MS, NC, NE, NH, NM, OK, PA, RI, SC, SD, TN, US, UT, VA, VT, WA, WI,
WV, WY
TOP OF
PAGE |
Hot issues
BUSINESS: The WISCONSIN
Supreme Court repeals a Badger State law that made payment of costs and
attorney fees in frivolous law suits discretionary with the presiding trial
judge. Judges are now restricted to imposing sanctions that are sufficient
to deter repetition of the frivolous suit (CAPITAL TIMES [MADISON]). *
CALIFORNIA officials file suit against brokerage house Edward D. Jones
& Co., accusing the company of accepting $300 million in improper payments
to push clients toward certain mutual funds. Edward Jones has already agreed
to a $75 million settlement with MISSOURI officials, and has made similar
settlement offers to the Securities and Exchange Commission, the NEW YORK
Stock Exchange and other regulators (WASHINGTON POST). * Ford Motor Co.
refuses to sell police cars to ARKANSAS after the Razorback State attorney
general begins investigating charges that the company sold authorities
Crown Victoria models billed as "police level" interceptors that were actually
identical to the version sold to consumers. Ford responded to the investigation
by establishing a "no sale" policy for all government accounts in Arkansas
(NORTHWEST ARKANSAS TIMES).
CRIME & PUNISHMENT: A NEW JERSEY
court rejects an attempt to shut down the state-run "Megan's Law" Web site
that lists the names, addresses and photos of convicted Garden State sex
offenders. The court did not agree with the contention that the site unconstitutionally
subjects offenders to additional punishment in the form of harassment and
potential vigilantism (STAR-LEDGER [NEWARK]). * NEW YORK Gov. George Pataki
(R) decides not to grant clemency to any Empire State inmates this year.
It is the first time since 1998 that Pataki has not granted executive clemency
to at least one prisoner (NEW YORK TIMES). * The KANSAS Supreme Court rules
that the Sunflower State death penalty law is unconstitutional because
it favors the state over the defendant. The high court stayed its ruling,
however, pending an appeal by the state attorney general to the U.S. Supreme
Court. The law will stay in effect until that decision is made (KANSAS
CITY STAR).
EDUCATION: A group led by, among
others, a former FLORIDA House Speaker, files a lawsuit charging Gov. Jeb
Bush (R) and the Legislature with violating the Sunshine State Constitution
after lawmakers, with Bush's support, authorized $24 million in annual
funding for medical facilities at two state universities. At issue is whether
those allocations subvert the authority of the state's Board of Governors,
which voters created in 2002 to oversee the state's university system (ST.
PETERSBURG TIMES).
ENVIRONMENT: Federal officials agree
to pay four CALIFORNIA water districts more than $16 million for water
the government diverted a decade ago in an effort to protect two rare fish.
A federal claims court ruled in 2003 that the government's efforts constituted
a violation of farmers' Fifth Amendment rights not to have private property
-- in this case, water rights -- taken without compensation (SAN DIEGO
UNION-TRIBUNE).
HEALTH: FLORIDA Gov. Jeb Bush (R)
signs legislation that makes it easier to enroll a child in the state's
subsidized health-insurance program. Under the new statute, people seeking
to enroll their kids will only have to show a copy of a W-2 form, pay stub
or recent federal tax-return to prove eligibility (ORLANDO SENTINEL). *
NEVADA officials rule that petitions seeking the legalization of marijuana
and greater restrictions on public smoking failed to secure enough signatures
to force the Legislature to act on them. Supporters of the smoking petitions,
including the American Cancer Society, vowed to challenge the ruling in
court (LAS VEGAS REVIEW-JOURNAL).
SOCIAL POLICY: The SOUTH CAROLINA
Supreme Court rejects a "wrongful life" lawsuit that claimed a woman was
denied the option to abort her severely disabled child because she was
not informed of his condition. The decision makes South Carolina the latest
of 27 states that do not recognize or limit wrongful life claims. CALIFORNIA,
WASHINGTON and NEW JERSEY are the only states that legally sanction them
(POST & COURIER [CHARLESTON]).
POTPOURRI: The NEVADA Supreme Court
rules that the state Ethics Commission does have the authority to judge
the adequacy of financial disclosure statements filed by Silver State political
candidates. The decision overturns a lower court ruling that said the commission
could not force members of the Independent American Party to supply financial
information on their disclosure forms (LAS VEGAS SUN).
-- Compiled by RICH EHISEN
TOP OF PAGE
Once around the statehouse
lightly
MINORITY BLUES. Democrats
in the NORTH DAKOTA Legislature complained last week about how their more
popular ideas have been kidnapped by majority Republicans. According to
The Bismarck Tribune, the minority party is angry because its members'
bills are killed by the majority -- which then re-introduces the same ideas
under its own banner. Republicans don't want Democrats to get credit for
popular ideas, grumps a member of the minority. Perhaps the current state
of affairs has come about because some Republicans have a long memory.
"They didn't treat us nice," retorts a GOP legislator who recalled how
a then-Democratic majority treated his party in the 1980s.
IF HOLLYWOOD CALLS - who answers
the phone? That seems to be a dilemma these days in MASSACHUSETTS where
the Rutland Herald reports that two separate state-funded entities claim
responsibility for wooing film production to the Bay State. One is the
state sports commission, which last year had the word "entertainment" added
to its official name. That, plus a $450,000 budget from the state, claims
commission officials, makes it the primary agency. Hold on, counters the
Massachusetts Film Bureau. The bureau is a private nonprofit set up in
2002 to fill a void created when the former state film office fell victim
to budget cuts. It gets $5,000 annually from the state. Currently, the
two entities are dueling it out, each claiming to have the upper hand when
it comes to Hollywood connections and significant results. Gov. Mitt Romney
seems to favor the state agency over the nonprofit and has appointed some
high-power execs to run it. The nonprofit is run out of the home of its
founder, a former state employee. And Hollywood? It likes Canada.
TANNED, RESTED AND READY. If you
think Washington-inspired boondoggles only affect billion-dollar expenditures,
check out the Dodge Durango currently parked in a SOUTH DAKOTA garage.
The SUV, paid for with a grant from the U.S. Dept. of Homeland Security,
can only be used to respond to a terrorist attack. Like perhaps blowing
up a corn silo. The vehicle was purchased with $30,000 given to the Hamlin
County Sheriff's Dept. According to the Sioux Falls Argus Leader, the sheriff
asked if he could use the grant to replace an aging SUV that was used mostly
to haul equipment to hazardous waste spills. If the grant is worded properly,
federal officials told him. The sheriff then requested a vehicle that could
be used to haul the equipment and also keep an eye on potential terrorist
targets, such as propane tanks and water towers. He got his Durango, but
with so many federal restrictions attached to it that the vehicle can only
respond to an attack -- not patrol to prevent an attack. So, it's parked.
The sheriff has asked North Dakota U.S. Sen. Tim Johnson to intervene.
THE BIG BROAD BRUSH. Get married
recently in NEW YORK, NEW JERSEY, OREGON or NEW MEXICO? If so, the Social
Security Administration may not recognize the validity of your marriage
certificate. That's because, notes The Associated Press, officials in New
Paltz, New York; Asbury Park, New Jersey; Multnomah County, Oregon; and
Sandoval County, New Mexico, also performed gay marriages in violation
of respective state laws. As a result, the SSA won't recognize any marriages
performed in those locales -- including between heterosexuals. Marriage
licenses for gay couples in MASSACHUSETTS are okay because state law allows
them. Marriage licenses for heterosexual couples from San Francisco, CALIFORNIA,
also are okay (although those for gays are not) because -- well -- no one
is quite sure. Meanwhile, heterosexual couples who recently married in
the affected areas are in a snit because they will not be able to collect
social security benefits should something happen to one of them.
A review of the entire situation is grinding its way through the SSA. An
answer will be forthcoming -- any decade now.
-- 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: 1,459
Number of 2004 Intros
this week: 228
Number of bills enacted/adopted
this week: 74
Number of 2005 prefiles
to date: 12,659
Number of 2004 Intros
to date: 93,626
Number of enacted/adopted
overall in 2004: 26,671
Total number of measures
in State Net database: 98,884
Compiled
By GINA HUMMELL | Data current as of 12/17/04 | Source: State Net
database
TOP OF
PAGE
|
Executive Editor: A.G.
Block
Editor: Rich
Ehisen
Associate Editor: 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 Livingood (PA)
Design: Richard Hansen, Heather
Conway
Copyright 2004 State Net
ISSN: 1521-8449
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