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Volume
XIV, No. 3
January 23, 2005
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| TOP
STORY
The U.S. Supreme Court
and the MARYLAND General Assembly handed liberal Democrats two major victories
last week (assisted suicide in OR and employee healthcare reform in MD).
But how much those decisions influence other states is yet to be determined.
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SNCJ
Spotlight
Assisted suicide
& Wal-Mart: Will more states follow suit?
The nation's escalating culture war took a decided turn to the left
last week, starting with the MARYLAND General Assembly's override of Gov.
Robert L. Ehrlich's (R) veto of a bill requiring employers with 10,000
or more workers to spend at least 8 percent of their payroll on employee
health coverage. A few days later, the U.S. Supreme Court handed down a
6-3 decision upholding an OREGON law that allows doctors to help terminally
ill patients end their own lives. But those decisions did more than just
give conservatives and pro-business advocates severe heartburn. They also
set the stage for similar battles in statehouses across the country. |
The Maryland override on Jan. 12 will likely have the most
immediate impact on other states. The legislation became known as the "Wal-Mart
Bill" because Wal-Mart, the world's largest retailer, is the only company
in the state that meets all the bill's criteria. But proposals under consideration
in other states could be far more strict, covering companies with as few
as 1,000 employees. WASHINGTON lawmakers are already looking at two bills
(SB 6356 and HB 2517) that would force companies with more than 5,000 employees
to spend at least 9 percent of their total payroll costs on health care
benefits.
That push is sure to further what was already a furious battle between
organized labor and retail trade groups. Wal-Mart spent millions fighting
the Maryland measure, but a bevy of union groups did the same to ensure
the outcome favored them. One, the state chapter of the AFL-CIO, vowed
to withdraw its support from any lawmaker who didn't vote to override the
veto, a significant threat in a state where the Legislature is dominated
by Democrats, the traditional ally of employee unions.
Now, labor advocates nationwide are using that vote to publicly bolster
their efforts to enact similar legislation in as many as 30 other states,
with the national AFL-CIO stating it will specifically target COLORADO,
CONNECTICUT, FLORIDA and KENTUCKY. In turn, multiple state and national
retail and restaurant associations, including the U.S. Chamber of Commerce,
the National Retail Federation, the National Restaurant Association and
the International Franchise Association, have formed alliances to fight
those bills.
"We're just looking for large employers - large and extremely profitable
employers like Wal-Mart - to shoulder some of the burden of ensuring that
their employees get their basic needs met," said Steve Smith, a spokesman
for the AFL-CIO. "And one of those needs is health care."
The override could give them the momentum they did not have in 2005.
According to the National Conference of State Legislatures, more than a
dozen states - ARIZONA, CALIFORNIA, Connecticut, Maryland, MASSACHUSETTS,
MINNESOTA, NEW HAMPSHIRE, NEW YORK, Oregon, PENNSYLVANIA, TENNESSEE, VERMONT
and WASHINGTON - considered but rejected bills last year that would have
required large companies to provide health insurance or to pay a fee to
the state.
Several states in addition to Washington already have new legislation
in the works. In WEST VIRGINIA, for instance, Sen. Jon Hunter (D) has introduced
SB 147, which is a direct replica of the Maryland measure. In WISCONSIN,
Sen. Dave Hansen (D) has introduced AB 860, which would require companies
with more than 10,000 workers to pay for at least 80 percent of their health
coverage premiums. Gov. Jim Doyle (D) has announced his support, although
the Republican-dominated legislature is not likely to go along with the
proposal. RHODE ISLAND lawmaker Amy G. Rice (D) is also expected to introduce
legislation in that state this week. Her bill, however, would require companies
with more than 1,000 employees to devote 8 percent of their payroll to
health insurance.
Because it is so narrowly written and may not result in coverage for
significant numbers of uninsured people, some advocates for the working
poor say they don't view the Maryland bill as a valid model for other states
to follow.
"The Maryland law is aimed at Wal-Mart, not the issue of the uninsured,"
said Paul B. Ginsburg, the president of the Center for Studying Health
System Change, a nonprofit research group in Washington.
Others contend that the Maryland law and others will affect only a minuscule
number of the working uninsured. Even if other laws apply to significantly
more employers, some policy analysts say these measures do not represent
long-term solutions to the problem of paying for health care.
"I'd rather see the state work with all employers to see if they can
come up with incentives to spread the risk among a broader pool," said
Laura D. Tyson, dean of the London Business School and former chief economic
adviser to President Bill Clinton. "This [the Maryland bill] is a Band-Aid,
arbitrary, firm-specific solution to one of the most important policy problems
of the United States."
The Supreme Court's ruling on the Oregon assisted suicide law could
also have a ripple effect in at least some states, although there does
not appear to be wide support for similar legislation.
Previous state referendums supporting assisted suicide have not fared
well in recent years, with such attempts in fact going down to defeat in
California, MAINE, MICHIGAN and Washington, while legislation failed in
Maryland in both 1995 and 1996. Overall, 44 states prohibit assisting in
a suicide.
California and Vermont are the only states where measures similar to
the Oregon Death With Dignity Act are currently being considered. Golden
State lawmakers submitted such a bill last year but later abandoned the
effort due to a lack of support. They have since resurrected the measure
in the Senate and plan to aggressively campaign for it this year.
California Assemblyman Lloyd Levine (D), a leading advocate for assisted-suicide,
says the Court's decision can only help their cause.
"The Supreme Court vote gives them a little more comfort to say, `Society
is changing. This is OK. This is not an evil thing,'" Levine said.
But there is still significant opposition, both in the statehouse and
in Congress. And the narrow focus of the court's verdict did nothing to
dissuade the broad alliance of opposition from disability rights groups,
independent living centers and religious leaders. Many opponents claim
that the poor and disabled might be steered toward assisted suicides for
economic reasons, leading to state-sanctioned euthanasia. Others argue
that a wrong prognosis could incorrectly convince people they have less
than six months to live, which is the law's primary eligibility requirement.
Congress could also be spurred to action. The Court's ruling did not
say that a person has the constitutional right to suicide (the court had
previously ruled in 1997 that no such right exists), but rather only that
former Attorney General John D. Ashcroft exceeded his legal authority in
2001 when he threatened to prohibit doctors from prescribing federally-controlled
drugs if they authorized lethal doses of barbiturates to their terminally
ill patients. Ashcroft reasoned that the federal Controlled Substances
Act (CSA) gave him the authority to invalidate the law because assisting
suicide is not a "legitimate medical purpose" for which federally-regulated
drugs may lawfully be prescribed."
The Court, however, disagreed. Justice Anthony M. Kennedy was the most
emphatic, saying that recasting the issue as involving the states' right
to regulate medical practice rather than a patient's right to die was an
overly broad interpretation of the CSA. Kennedy wrote that the law was
meant to stop drug abuse and drug trafficking, not to replace the states'
traditional role in deciding what state-licensed doctors may and may not
do within state borders.
The Oregon law has now survived at least four attempts to overturn it
- including two in Congress - since its passage in 1994. But opponents
say they are not ready to give up, with many speculating that Congress
will soon attempt to change federal law to specifically bar assisted suicide.
Oregon lawmakers promise a fight if that happens.
Oregon Sen. Ron Wyden (D) notes that Oregonians have twice approved
the Death With Dignity Act in statewide referendums. Looking ahead to possible
efforts to change federal law, Wyden vowed to "fight tooth and nail any
congressional attempts to overturn this court ruling." (WASHINGTON POST,
WALL STREET JOURNAL, CORVALLIS GAZETTE-TIMES, BALTIMORE SUN, NEW YORK TIMES,
SEATTLE POST-INTELLIGENCER, STATELING.ORG, WISCONSIN STATE JOURNAL [MADISON],
LOS ANGELES TIMES, SAN JOSE MERCURY NEWS, CHARLESTON GAZETTE, OREGONIAN
[PORTLAND], STATESMAN-JOURNAL [SALEM]).
-- Compiled by RICH EHISEN
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Bird's
eye view
States
bear brunt of federal Medicare prescription makeover
Significant
problems with the new federal Medicare prescription program have led to
many of the nation's sickest and poorest recipients being turned away or
charged up to $250 for their medications. Those glitches have also forced
at least 18 states to become the "payer of last resort" for those prescriptions.
The program, which began Jan. 1, provides prescription drug coverage to
43 million Americans, including 6.4 million low-income beneficiaries who
previously received medications through state Medicaid plans. Federal authorities
have so far refused to reimburse states for their expenses, but the Bush
administration has ordered insurers to provide a 30-day supply of any drug
that a beneficiary was previously taking for no more than a $5 co-pay.
The accompanying map shows which states are covering those prescription
medication costs.
-- Compiled by RICH EHISEN
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The
Week in Session
States in Regular
Session:
AK, AL, AZ, CA, CO, DC,
DE, GA, HI, IA, ID, IL, IN, KS, KY, MA, MD, ME, MI, MO, MS, NE, NJ, NM,
NY, OH, PA, RI, SC, SD, TN, US, UT, VA, VT, WA, WI, WV
States in Special Session:
CA "a", PA "a", TN "a"
States in Recess: NH
Special Sessions in Recess:
OK "a"
Letters
indicate special/extraordinary sessions
Compiled
By JAMES ROSS| Data current as of 01/20/06 | Source: State
Net database
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Budget & taxes
GOVS MAKING EXPENSIVE CAMPAIGN PROMISES:
Earlier this month, CALIFORNIA Gov. Arnold Schwarzenegger (R)
announced an ambitious $222-billion plan to refurbish the Golden State's
highways and other infrastructure over the next decades. Coming just weeks
after the resounding defeat of his "year of reform" agenda at the ballot
box last November, few saw the move as anything other than election-year
politics. But Schwarzenegger isn't the only governor making multibillion-dollar
campaign promises. TEXAS Gov. Rick Perry (R) appears to have staked his
reelection chances on a $180-billion plan to build super-wide pathways
between the state's major cities for automobile, train, utility and Internet
traffic, known as the "Trans-Texas Corridor." And governors -- and their
challengers -- in other states, like IDAHO, NEW YORK and VIRGINIA, are
pushing similar ideas. The rise of the big-spending pitch is the result
of various economic and political developments, including improving state
economies, Congress' bestowal of $300-billion in federal highway funds
last year and indications that Americans are fed up with traffic problems.
WASHINGTON voters, for example, recently declined the opportunity to cut
the price of a gallon of gas by 9.5 cents in order to allow the state to
repair its congested and crumbling highways and bridges. And according
to the American Road and Transportation Builders Association, voters nationwide
have approved about 80 percent of the transportation bond issues put before
them in the last two years, up substantially from the 50-percent approval
rate in 2002. The big-budget proposals do have their critics, however.
Conservatives, for instance, fear a new era of fiscal irresponsibility,
and environmentalists and advocates of mass-transit challenge the notion
that more pavement is the solution to the nation's traffic problems. How
the proposals will play out this election year remains to be seen, but
it's not likely they'll disappear anytime soon. This year marks the 50th
anniversary of the interstate highway system, which faces tremendous pressures
today. As Jack Basso, a senior official with the American Association of
State Highway and Transportation Officials, put it, "Overall, there's a
clear need for investment. That's what a lot of the governors are responding
to." (LOS ANGELES TIMES)
STATES VOICE REAL DOUBTS ABOUT REAL ID: State
transportation officials have some serious doubts about their ability to
comply with the federal Real ID Act on schedule, according to an unpublished,
five-month-old survey by the American Association of Motor Vehicle Administrators
and a recent follow-up investigation by the Associated Press. The survey,
conducted last August, asked state licensing officials for detailed information
on what it will take for them to meet Real ID's mandates, which establish
national standards for driver's licenses, beginning in 2008. And while
the survey did not provide an accurate estimate of the total costs of compliance
nationwide, the detailed forecasts supplied by a few states suggested that
the price tag will be far higher than the $100 million federal reimbursement
recommended by the Congressional Budget Office in February 2005. PENNSYLVANIA
estimated its compliance costs at $85 million alone. And WASHINGTON projected
it would spend $46 million annually in the first few years after the law
takes effect. Although the survey respondents also expressed hope at the
time that the feds might address their concerns before the law takes effect,
they're not exactly brimming with optimism now, if the comments of PENNSYLVANIA
Department of Transportation Deputy Secretary Betty Serian are any indication.
In a recent interview, Serian stated, "It is just flat out impossible and
unrealistic to meet the prescriptive provisions of this law by 2008." (ASSOCIATED
PRESS, MSNBC.COM)
BUDGETS IN BRIEF: NEW YORK Gov.
George E. Pataki (R) proposed his 12th and final state budget last week.
The $110.7 billion plan calls for a reduction of the state income tax and
elimination of the inheritance tax and so-called marriage penalty, offset
by an increase in the tax on cigarettes sold outside New York City and
sharp cuts to Medicaid (NEW YORK TIMES). * TEXAS Gov. Rick Perry (R) said
last Monday that he will probably call a special session in April or May
to address the issue of school finance before the state Supreme Court's
June 1 deadline for action. Perry also said school vouchers probably wouldn't
be on the agenda and would more likely be taken up next year (SAN ANTONIO
EXPRESS-NEWS). * Last Tuesday, MARYLAND Gov. Robert L. Ehrlich Jr. (R)
presented a $29.6 billion budget plan for next fiscal year that calls for
significant increases in funding for education, the environment, public
safety and services for the disabled. Collectively, the governor's proposed
initiatives would boost general fund spending by 11.4 percent, which would
constitute the largest spending increase in the Old Line State in more
than 25 years (BALTIMORE SUN). * Also last Tuesday, VERMONT Gov. Jim Douglas
(R) proposed his $4.5 billion budget for 2007, which represents a 6 percent
increase in spending over the current year. In a speech to the joint Legislature,
the governor called his proposal "an agenda of affordability for all Vermonters,
while addressing the long-term challenges that face state government" (BURLINGTON
FREE PRESS). * Republican legislative leaders in FLORIDA have proposed
the largest sales tax "holiday" in state history. Unlike previous sales
tax holidays, which have been confined to purchases of back-to-school and
hurricane supplies, the election-year proposal would apply toward virtually
any item sold in the state (MIAMI HERALD).
-- Compiled by KOREY CLARK
TOP OF PAGE
Politics &
leadership
SHAKEUP STILL POSSIBLE IN PA: The
exodus of PENNSYLVANIA lawmakers that some expected after last year's voter
revolt over legislative pay raises may not have come to pass (see POLITICS
IN BRIEF section in Jan. 9 SNCJ), but the Keystone State Legislature may
yet see some major turnover this year. There are already indications that
there may be more contested primary races than usual this Spring. "I'm
certain that all incumbents across the state are more likely to get opposition
this year," said one veteran Republican campaign consultant. "Politics
is higher on the radar screen for people," he said. "This issue [the pay
raise] has brought state government more to their attention." Some of the
pay hike's chief architects, including Senate President Pro Tem Robert
Jubelirer (R), Senate Majority Leader David "Chip" Brightbill (R) and House
Democratic Whip Mike Veon (D), already have challengers. And most observers
believe the number of contested primaries will likely exceed the 30 that
were held in 2004. Russ Diamond, founder of PACleanSweep, a nonpartisan,
grassroots organization that helped nix last year's pay raise and is now
trying to recruit challengers for every incumbent up for re-election in
2006, said, "I'm confident that we'll see more challengers this year than
in any other year in recent memory." (Incidentally, the highest number
of contested races in the last decade -- 34 -- occurred in 1996, after
another legislative pay raise.) One of Jubelirer's top aides, Michael Long,
sees the future a little differently, contending that it's one thing to
get angry about a single issue like the pay raise, but another thing altogether
to choose a representative. "Now you're comparing two individuals' records
in their entirety...and I think many of our incumbents welcome the opportunity
to present their entire record to the voters." Victor Stabile, the Republican
Party Chairman of Cumberland County, has a completely different concern:
keeping the incumbents that are up for re-election in his jurisdiction
-- all of whom voted no on the pay raise bill -- from becoming victims
of voters' anti-incumbent sentiment. "Our representatives, the ones who
are running for re-election, did exactly what they were supposed to do
[on the pay raise issue], and we're going to be very bullish about that,"
he said. (PATRIOT-NEWS [HARRISBURG])
AT THE POLLS: Republican Eric Watson
defeated interim state Rep. Sally Love (D) in a special election held Jan.
12th to fill the 22nd District seat in the TENNESSEE House. The seat was
formerly held by Rep. Chris Newton, who resigned last September over allegations
that he accepted bribes. (ASSOCIATED PRESS, TENNESSEAN (NASHVILLE)
POLITICS IN BRIEF: GEORGIA's GOP-led
House approved a revised version of the state's controversial new voter
ID bill on Jan. 12th that would still require voters to show photo identification
at the polls, but would make ID cards available for free at all county
voter registration offices. The bill was sent on to the Republican-controlled
Senate, where it is expected to pass (MACON TELEGRAPH). * Last week, MARYLAND's
Democrat-controlled General Assembly overturned Republican Gov. Robert
L. Ehrlich Jr.'s vetoes of two bills requiring every voting district to
offer early voting and allowing voters to file a provisional ballot at
any polling place in the state. Critics of the bills say they will increase
the chances of voter fraud by enabling individuals to cast provisional
ballots in multiple jurisdictions (CAPITAL NEWS SERVICE [COLLEGE PARK]).
* INDIANA House Speaker Brian Bosma (R) announced last Tuesday that he
plans to end a key perk for Hoosier State lawmakers: taxpayer-funded lifetime
health insurance. Capitol insiders say the move could spur a mass exodus
at the end of the session, with House members seeking to retire with their
benefit intact (JOURNAL GAZETTE [FORT WAYNE]). * ILLINOIS House Speaker
Michael Madigan (D) has imposed a three-bill limit on members of his chamber
for the session. The move is aimed at helping Prairie State lawmakers get
out of Springfield by April 7, two months before the constitutional deadline,
to allow for campaigning and a major Capitol renovation (CHICAGO TRIBUNE).
* Lobbyists spent a record $67.8 million on the PENNSYLVANIA Senate --
about $1.4 million per senator -- in the first six months of the 2005 legislative
session, according to a disclosure report released last week. The health
care lobby topped the spending list at $15.6 million, followed closely
by construction and manufacturing interests ($15 million), with telecommunications
a more distant third ($5.8 million) (PITTSBURGH POST-GAZETTE). * HAWAII
Gov. Linda Lingle (R) appointed legislative aid Anne Stevens to fill the
23rd House District seat of Rep. Galen Fox (R), who resigned last year
after being convicted of fondling a woman on a flight from Honolulu to
Los Angeles in December, 2004. Stevens was the office manager for state
Sen. Gordon Trimble (R), who serves the same region of the state, which
includes downtown Honolulu and Waikiki (HONOLULU ADVERTISER).
-- Compiled by KOREY CLARK
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Governors
KANSAS GOP SAYS SEBELIUS' MEMORY FAULTY:
KANSAS Gov. Kathleen Sebelius' (D) recent State of the State
address lit a major fire under GOP lawmakers, who claimed she was stealing
credit for their ideas and misrepresenting both her record and theirs.
Republicans were specifically annoyed with the impression they felt Sebelius
left with television viewers -- specifically that her administration has
brought prosperity to a deeply flawed state over the constant protestations
of an uncooperative and highly partisan GOP-controlled legislature. Most
galling to Republicans was Sebelius' taking credit for improving the economy
without raising taxes, something they say they are more responsible for
than her. In 2004, for instance, Sebelius proposed phasing in more than
$300 million in tax increases to help schools, and followed that in 2005
with a proposal to raise tobacco taxes by $50 million to pay for health
care initiatives. Both initiatives failed. Democrats laughed off the complaints,
saying the GOP was just experiencing what they had endured for years under
former Gov. Bill Graves (R). "We used to doubt it when Governor Graves
said he'd cut taxes a billion dollars," said House Minority Leader Dennis
McKinney, (D). "We used to laugh when we had ideas that we put on the table,
and Governor Graves took credit for them a year later." Sebelius staffers
contend that Republican critics misread her address, or misinterpreted
what they heard, saying it was GOP critics themselves that substituted
"I" when she said "we." (LAWRENCE JOURNAL-WORLD)
GOVERNOR TIM McGRAW? Country music
star Tim McGraw is the latest celebrity to be bitten by the urge to run
for public office. McGraw said last week that he will consider running
for governor of TENNESSEE "maybe in 10 or 15 years, when the music
has died down." McGraw says he was approached about running for the U.S.
Senate a few years ago, but declined because he wanted to focus on his
singing career. That seat eventually went to Republican Lamar Alexander.
He adds that he hasn't ruled out a Senate run, but prefers focusing on
the governor's office because "It's more of a leadership role, and I think
that's something that I'd do well. That doesn't rule out senator; I just
think that as governor of a state, especially where I live, there would
be a lot more opportunities to make some decisions and change some things."
McGraw didn't expound on what decisions he would make or what things he
would change. (ASSOCIATED PRESS)
GOVERNORS IN BRIEF: WEST VIRGINIA
Gov. Joe Manchin (D) last week promised the families of 12 miners killed
in the explosion at the Sago Mine an investigation that will include "a
full disclosure, with open, public hearings of all the findings" by the
end of June. "We cannot know the purpose of this tragedy, but I promise
you, we will find the cause," Manchin added (PITTSBURGH POST-GAZETTE).
* Calling it an alternative to a bill he vetoed last year that was supported
by gay rights advocates, MARYLAND Gov. Robert L. Ehrlich Jr. (R) proposed
legislation last week that would make it easier for unmarried partners
to make medical decisions for one another. Ehrlich's bill would create
a database of advance directives that allow people to designate any adult
of their choosing to make health care decisions for them (WASHINGTON POST).
* LOUISIANA Gov. Kathleen Blanco (D) ended speculation about her political
future last week by announcing she will seek re-election in 2007. Blanco
has been harshly criticized for her leadership since Hurricanes Katrina
and Rita, and political circles have been rife with rumors that she would
not seek another term. She is also facing a recall campaign that, if successful,
could force her from office (TIMES-PICAYUNE [NEW ORLEANS]). * MONTANA Gov.
Brian Schweitzer (D) announced the creation of a new state advisory council
on civil rights, which will be charged with promoting diversity and advising
the governor on civil rights issues. Schweitzer is also planning to organize
a similar council to find ways to deal with global warming in the Treasure
State (MISSOULIAN, BILLINGS GAZETTE).
-- Compiled by RICH EHISEN
TOP
OF PAGE
|
Here are some of the topics you
will see covered in upcoming issues of the State Net Capitol Journal:
Disaster Mitigation - Are
states prepared for the next Katrina?
Data privacy - What are states
doing to protect citizens against identity theft?
Stem cell research - Will
more states spend public dollars on this controversial research?
And much more...
|
Hot issues
BUSINESS: A VIRGINIA Senate
committee endorses SB 77, a bill that would allow the Old Dominion State
to extend its anti-price gouging law for 30 days after a state of emergency
declaration is declared. The law was passed last fall to address complaints
that gas stations were using Hurricanes Katrina and Rita as an excuse to
dramatically increase fuel prices. It heads to the full Senate (TIMES-DISPATCH
[RICHMOND]). * The MARYLAND House and Senate override a veto from Gov.
Robert L. Ehrlich Jr. (R) and approve legislation that raises the Old Line
State minimum wage by $1-per-hour. Maryland becomes the 18th state to raise
its minimum wage over the $5.15-per-hour federal requirement. The new statute
goes into effect Feb 17 (BALTIMORE SUN). * The RHODE ISLAND House also
gets in on the act, approving legislation that would increase the Ocean
State minimum wage to $7.40 by Jan. 1. The measure heads to the Senate.
Gov. Don Carcieri (R) says he will veto the measure if it is approved there
(PROVIDENCE JOURNAL). * A federal court rules that local CALIFORNIA municipalities
have no authority to deny telecommunications companies a permit to erect
telephone lines or fixtures based on aesthetics. The ruling came in a case
involving a small Southern California town that denied Sprint PCS a permit
to build two wireless antennas to improve cellular coverage because it
would have a "deleterious" effect on the area's aesthetic appeal (SAN DIEGO
UNION-TRIBUNE).
CRIME & PUNISHMENT: A VIRGINIA
Senate committee kills legislation that would have placed a moratorium
on capital punishment. The bill's supporters say they will continue to
push the issue (TIMES-DISPATCH [RICHMOND]). * A COLORADO Senate committee
endorses SB 23, which would prohibit the Department of Corrections from
housing high-security inmates at private out-of-state prisons that are
not equipped to handle them. The measure moves to the full Senate (ROCKY
MOUNTAIN NEWS [DENVER]). * An ARIZONA Senate panel endorses SB 1123, which
would mandate that drunk drivers who kill children would have to serve
at least 25 years in prison. It moves to the full Senate (ARIZONA DAILY
STAR [TUCSON]). * The MISSISSIPPI Senate approves SB 2426, which expands
a person's right to use deadly force to protect a business or automobile.
Current Magnolia State law allows a person to use deadly force only to
protect themselves or their home. It fires off to the House for consideration
(CLARION-LEDGER [JACKSON]). * The OHIO House unanimously approves legislation
that would force Buckeye State pharmacies to keep pseudoephedrine-based
medications behind store counters accessible only by employees. Purchases
of the drug would be limited to nine grams, and be sold only to people
18 or older who show photo identification. Pseudoephedrine is a key ingredient
used in making illegal methamphetamine. The measure moves to Gov. Bob Taft
(R) for review (AKRON BEACON JOURNAL).
EDUCATION: A UTAH Senate committee
approves SB96, which would require science teachers to specify that the
Beehive State does not endorse any scientific theory about the origins
of life and that scientists are not in complete agreement on evolutionary
theory. The measure graduates to the full Senate (SALT LAKE TRIBUNE).
ENVIRONMENT: A state court in ALASKA
rules that the Last Frontier's aerial wolf control program, which allows
hunters to shoot the Canis Lupus from the safety of a helicopter, is illegal
because the hunt's geographic area is larger than state wildlife regulations
allow. The program is designed to suppress wolf predation on moose and
caribou in order to allow declining populations to rebound. State wildlife
officials say they will seek to address the issue and resurrect the hunt
as soon as possible (ANCHORAGE DAILY NEWS).
HEALTH & SCIENCE: A UTAH Senate
committee approves SB 1, which would snuff out an exemption that allows
private clubs and taverns to get around the state law that bans smoking
inside public buildings. The measure wafts over to the full Senate (DAILY
HERALD [PROVO]). * The DELAWARE House overwhelmingly endorses HB 80, a
measure that bans the cloning of humans for reproductive purposes and outlaws
the sale of human embryos. Under the bill, cloning a human for reproductive
reasons would carry a $1 million fine. It moves to the Senate (DELAWARE
STATE NEWS [DOVER]).
SOCIAL POLICY: The U.S. Supreme
Court rules that the federal government cannot block an OREGON law that
allows doctors to assist terminally ill patients in ending their lives.
The court's decision, which upholds earlier rulings by two lower courts,
determined that the regulation of medical practice was a power held by
states rather than the federal government (NEW YORK TIMES). * A VIRGINIA
House committee rejects without debate a measure that would have barred
unmarried women from getting pregnant by in vitro fertilization, artificial
insemination or other assisted reproductive methods. Opponents cited numerous
objections, including that the bill would have prevented women from serving
as surrogate mothers (TIMES-DISPATCH [RICHMOND]). * Still in VIRGINIA,
a Senate committee overwhelmingly endorses a proposed constitutional amendment
that would bar same-sex marriage in the Old Dominion State. It marches
down the aisle to the House for review (TIMES-DISPATCH [RICHMOND]). * The
U.S. Supreme Court rules that a NEW HAMPSHIRE court went too far in permanently
blocking a state law that requires a parent to be notified before a minor
girl can obtain an abortion. Justices ordered the state appeals court to
reconsider their verdict (ASSOCIATED PRESS).
POTPOURRI: The WISCONSIN Senate
gives the okay to SB 403, which would allow Badger State residents to carry
concealed weapons. The bill would prohibit concealed weapons in police
stations and sheriff's departments, in prisons and in jails, and in taverns
or restaurants where food makes up less than 50% of gross annual sales.
It heads to Gov. Jim Doyle (D), who vows to veto it (MILWAUKEE JOURNAL-SENTINEL).
* A federal appeals court orders MISSOURI to stop charging a $2 fee for
windshield signs that allow the disabled to park in reserved spaces. The
court said the charges are discriminatory. State officials say they will
comply immediately (ST. LOUIS POST-DISPATCH).
-- Compiled by RICH EHISEN
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UPCOMING ELECTIONS
(01/19/2006
- 02/09/2006):
01/24/2006
Alabama party primaries
House
031
01/24/2006 Virginia
Special Election
House
097
02/07/2006 Missouri
Special Election
House
132
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Once
around
the statehouse lightly
GOOD LORD: New Orleans
Mayor Ray Nagin probably didn't mean to align himself with the nation's
premier theological whack job, Pat Robertson, but the LOUISIANA politician
did just that on Martin Luther King Jr. Day when he said in a speech that
Hurricane Katrina was heavenly retribution for America's involvement in
Iraq and "rampant violence" in urban black communities. But Hizzoner now
has undergone a spiritual change of heart, reports the New Orleans Times-Picayune.
He does not think that Katrina was a signal that God is grumpy. "I don't
know what happened there," Nagin says, referring to the speech. "I don't
know how that got jumbled up." Apparently, the mayor is famous for "spontaneous
oratory."
NOW, IF HE WERE REALLY MAD...the
Almighty might just visit a few thunderbolts on TENNESSEE. Not that God
doesn't appreciate irony, but He would need a fairly strong sense of humor
to be amused by reports from the Tennessean about a special session of
the Volunteer State Legislature. Tennessee law makes it illegal for legislators
to accept campaign contributions during regular sessions of the Legislature.
But through a quirk of law, those same contributions are legal during special
sessions. So less than a day into the special session, lobbyists began
offering contributions to legislators. Oh, by the way, the special session
was called to deal with ethics.
THE BI-COASTAL THREAT INDUSTRY:
Conservatives on each coast have taken a slightly inconsistent approach
to dealing with enemies. In NEW YORK, reports the New York Post, they are
lampooning what they consider Atty. Gen. Eliot Spitzer's "alleged penchant
for threatening critics" by selling paraphernalia -- T-shirts, mugs, bumper
stickers -- with slogans such as "I was threatened by Eliot Spitzer" or
"Eliot Spitzer threatened my little sister." In CALIFORNIA, however, the
tack is different. Instead of reacting to perceived threats, the right
is making them. As Capitol Weekly notes, a conservative group called the
"Bruin Alumni Association" has published an online list of UCLA professors
it considers "radical." The group also is offering to pay students to rat
on professors by collecting evidence that left-wing views are being expressed
in class.
A BATTLE IN THE EVOLUTIONARY WAR
took place in UTAH recently when Beehive State lawmakers showed up for
their first day of session to find empty beer bottles strewn across their
desks. Aftermath of a staff party? No, a "message" from the opponent of
a bill designed to challenge the teaching of evolution in Utah schools.
The bottles, from a local brewery, bore the label "Evolution Amber Ale."
"I was just sorry it was empty," Democratic state Sen. Mike Dmitrich joked
to the Daily Herald.
A TRADITION IN JEOPARDY: If ALABAMA
lawmakers have their way, reports the Mobile Register, traditional "keg
parties" at fraternities and high-school graduation parties will slip quietly
into history in the Heart of Dixie. In an effort to curb underage drinking,
the Legislature is considering a bill to make it illegal to pour beer from
a keg anywhere but at a place licensed to sell alcohol -- in other words,
only restaurants and bars. That way, reason proponents, someone would be
responsible for "carding" would-be guzzlers.
-- By A.G. BLOCK
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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 2006 prefiles
last week: 650
Number of 2006 Intros
last week: 6,623
Number of bills enacted/adopted
last week: 371
Number of 2006 prefiles
to date: 9,167
Number of 2006 Intros
to date: 25,095
Number of enacted/adopted
overall in 2006: 1425
Compiled
By JAMES ROSS | Data current as of 01/19/06 | Source: State Net database
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PAGE
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In case you missed
it: Gov. Christine Gregoire
On Jan 9, State
Net Capitol Journal editor Rich Ehisen sat down with WASHINGTON Gov. Christine
Gregoire (D) to get her views on, among other things, taxes, disaster preparedness
and her role as the face of her state in the international marketplace.
In case you missed it, this
interview can be found in the archives section of our Web site at www.statenet.com/resources/
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PAGE
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Editor: Rich
Ehisen
Associate Editor: Korey
Clark
Contributing Editor: A.G.
Block
Editorial Advisor: Lou Cannon
Correspondents: Richard Cox (CA),
Steve Karas (CA),
Bruce McKeeman (CA), Linda Mendenhall (IL),
Lauren King (MA) and Ben Livingood (PA)
Design: Richard Hansen, Heather
Conway
Copyright 2005 State Net
ISSN: 1521-8449
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