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A series of caustic protests by a KANSAS church congregation at the funerals for U.S. war casualties has spurred more than a dozen states to hurriedly consider  just how much free speech is too much.
 
 

States moving fast to stop funeral protests

For most Americans, the freedom to voice dissent is one of the bedrocks of our society. But an ongoing series of increasingly vitriolic protests by members of a KANSAS church at the 
funerals of U.S. war casualties and others has spurred more than a dozen states to hurriedly consider legislation that would greatly limit such demonstrations. 

According to the State Net database, at least 15 states have introduced legislation since the beginning of the year that would restrict when and where protesters could vent their feelings during funeral proceedings. Those states include IOWA (HB 2132 & SB 2103), ILLINOIS (HB 4532), INDIANA (HB 1201), KANSAS (SB 421), KENTUCKY (SB 93 & HB 333), MISSOURI (HB 1026 & SB 578), NEBRASKA (LB 773), OHIO (HB 484), OKLAHOMA (HB 2478, HB 2509, HB 2593 SB 1377 & SB 1020), SOUTH DAKOTA (SB 156), TENNESEE (HB 2667 & SB 2660), VERMONT (HB 718), WEST VIRGINIA (HB 4317 & HB 4306) and WISCONSIN (SB 525). Similar legislation in MISSISSIPPI (HB 1468) died in committee in late January. The legislation in Kansas would strengthen similar laws already on the books.

Most of these bills specify that protesters must stay a certain distance away from funerals or face jail time and/or a large fine for disorderly conduct. The distance and amount of the fine vary significantly between bills. West Virginia's HB 4317, for instance, requires protesters to stay at least 1,000 feet away, with a maximum potential jail time of 10 days. In Wisconsin, SB 525 requires only a 500-foot buffer, but violators face a maximum $1,000 fine and up to 90 days in jail. Most measures also have time buffers similar to Oklahoma Senate Bill 1020, which prohibits demonstrating for one hour before and two hours after a funeral. 

The sudden wave of legislation is a direct result of a string of caustic funeral protests carried out by the Westboro Baptist Church (WBC) of Topeka, Kansas, long known for its vocal opposition to homosexuality. The WBC and its leader, the Rev. Fred Phelps, have in recent months targeted funeral services for soldiers recently killed in Iraq and Afghanistan, claiming that although none of the deceased soldiers were gay, their deaths are God's punishment on the U.S. for its tolerance of homosexuality. During protests, church members carry signs that say, among other things, "They turned America over to fags; They're bringing them home in body bags" and "Thank God for IEDs" (the improvised explosive devices used by Iraqi insurgents against U.S. soldiers). 

The WBC has also not limited itself to picketing solely at military funerals. The group recently demonstrated at a memorial service for 12 miners killed in the Sago Mine accident in West Virginia in January, carrying banners that said "Thank God for Dead Miners" and "Miners in Hell." They followed that last week with a similar appearance in GEORGIA at the funeral for civil rights icon Coretta Scott King, whom they have long derided for her support of gay rights. 

That kind of inflammatory invective has clearly touched a nerve with grieving families, lawmakers and military veterans. One such group, a Kansas-based motorcycle club calling itself the Patriot Guard Riders (PGR), formed last October specifically to "strategize and form a battle plan to combat Fred Phelps and the Westboro Baptist Church." The reaction was swift, and according to their Web site, the group now has chapters in 48 states. Their strategy so far has been to attend funerals for soldiers killed in combat in order to act as a buffer between WBC protesters and grieving families. 

So far, the PGR has kept its actions legal and non-violent, and they have only attended services when invited by the families involved. But Oklahoma Rep. John Nance (R), who authored his state's HB 2593, says he fears the peace between protesters and groups like the PGR won't last if lawmakers don't act quickly. 

"The fact of the matter is, this is becoming a very dangerous situation," he says. "If it continues, it probably will erupt in some kind of violence."

Nance says he fears what might happen in the near future because he understands the emotions that are driving the issue, particularly for bereaved families. He calls the WBC protests "highly disruptive and offensive" and says that while he respects the protestors' right to voice their opinion, he also believes bereaved families have the right to bury their loved ones in peace. 

Not everyone, however, is as positive that legislation is the right way to handle the situation. Chapters of the American Civil Liberties Union (ACLU) from across the country have expressed reservations about the measures, questioning whether any of the proposals could pass constitutional muster. 

Beth Wilson, director of the ACLU OF Kentucky, also notes that much of Kentucky's proposed legislation is already contained in the state's disorderly conduct statutes, which she says raises the question of whether some politicians are using the Westboro protests for political reasons.

"To some degree," she says. "I think legislators are promoting a political agenda because some components of each bill go beyond what is constitutionally permissible and do impact freedom of speech."

Wilson adds that that no matter how objectionable someone's speech might seem, "the First Amendment doesn't allow us to pick and choose whose messages are acceptable." 

That thought is echoed by Gene Policinski, executive director of the Vanderbilt University-based First Amendment Center (FAC), a nonprofit organization that focuses on education and information about First Amendment issues. The FAC doesn't take an official stance on any legislation or litigation, but Policinski does believe lawmakers need to consider more than just the emotional elements of this issue.  

"The First Amendment is really intended to protect speech that most Americans would find repugnant or unsettling,' Policinski says. "If it is speech we all agree on, then it doesn't need protection." 

"I have total sympathy with the families at that moment," he adds. "It is one thing to debate this in the abstract and another to experience it. But we also have to remember that there are basic rights that exist in our society, and one of those is to express one's self in the public square." 

Policinski says he fully expects many of the pending state bills to pass, and just as fully expects several to end up being challenged in court. The benchmark he and others expect will determine any legislation's ultimate constitutionality is whether it bans specific content or sticks just to limiting the time, place and manner of such protests. The former is a definite no-no, while the First Amendment allows the latter. 

The WBC has already made it clear they will definitely be examining every piece of approved state legislation with their own fine-toothed comb, vowing to challenge anything they feel doesn't meet constitutional requirements. 

On its Web site, the church warns lawmakers that "Your standard is `reasonable, time, place and manner restriction.' If you go one bit over that line we're going to litigate, and request fees. When you pass your laws, you had better make absolutely sure they are content neutral and apply equally to all messages. Your proposals are rampant with blatant content-focus, so most likely you'll end up in court."

It would not be the first time they have taken their case to the courts. In 1995, the WBC successfully challenged the constitutionality of the Kansas Funeral Picketing Act, which led the state to amend the statute to prohibit picketing for an hour before and two hours after a funeral. 

They will likely get their chance again this year as well. As of last week, the bills in Kentucky, Missouri, South Dakota and Indiana have all cleared the first legislative chamber, while the Wisconsin Legislature has sent SB 525 to Gov. Jim Doyle (D), who says he will sign it into law. In Oklahoma, Rep. Nance says he is sure many of the pending laws will get challenged, but says he is equally sure they need to move forward. 

"You can't avoid someone if they decide to challenge it," he says. "But we've done everything we can to make sure these bills meet constitutional requirements. The protesters will still be able to do their thing. They just won't be able to expose a grieving family to that kind of despicable act."
 
 

-- By RICH EHISEN

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Bird's eye view

Minimum wage on the rise

Congress last raised the federal minimum wage in 1997. Since then, supporters of another increase have concentrated their efforts primarily in the states. MARYLAND recently became the 18th state to raise its minimum wage above the federal $5.15-per-hour minimum when lawmakers there overrode a veto from Gov. Robert L. Ehrlich Jr. (R). Legislators in three states that already exceed the federal minimum - CALIFORNIA, MAINE and RHODE ISLAND - are looking to raise their wage even more, in part to avoid ballot box measures that would tie future increases to inflation. According to the Ballot Initiative Strategy Center, efforts to place a minimum wage hike onto the November ballot are already being undertaken in ARIZONA, ARKANSAS, MICHIGAN, MONTANA, NEVADA and OHIO. The accompanying map shows the 18 states that currently have a minimum wage higher than the federal standard.
 

-- Compiled by RICH EHISEN

 
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Budget & taxes

BUSH SUBMITS STATE-UNFRIENDLY '07 BUDGET: Last Monday, President George W. Bush sent Congress his budget plan for next fiscal year. The $2.77 trillion proposal allocates a record $493.3 billion for defense and renews Bush's call for the Republican-controlled Congress to make his tax cuts permanent. To partially offset those expenditures -- and make some headway towards halving the federal deficit (expected to reach $423 billion this year) by 2009 -- Bush has recommended $65 billion in cuts over the next five years to entitlement programs, mainly the federal Medicare program for the elderly, but also the state-federal Medicaid program for the poor, which would be trimmed by $13.6 billion. Federal education aid would also be reduced by $3.1 billion, or about 5.5 percent from 2006 levels. NEW MEXICO Gov. Bill Richardson (D), an outspoken critic of Bush, zeroed in on those cuts, stating, "The president is shifting all responsibility to the states, shifting health care, education and basically providing a bare-bones budget. So states will now become the true laboratories of innovation because the federal budget is not particularly helpful." U.S. Health and Human Services Secretary and former UTAH governor Mike Leavitt countered that the federal government helped out states when they faced budget problems a few years ago, but now they are doing better financially and the federal government "is not in a position to help out states as much as before." Some members of Congress, however, don't appear to be in a position to help out the president. The ranking Democrat on the Senate Budget Committee, Sen. Kent Conrad of NORTH DAKOTA, unsurprisingly isn't a big fan of the budget plan. "It represents the same reckless fiscal course the Bush administration has followed for the last five years." But even some Republicans expressed strong reservations. Sen. Arlen Specter of PENNSYLVANIA called the plan "scandalous," and said he would be a "nay" vote because of the proposed cuts to education and health programs. Sen. Olympia Snowe of MAINE, likewise, said she was "disappointed and even surprised" by the cuts to Medicare and Medicaid. Washington insiders say if those cuts are going to happen, Congress probably won't make them until after the midterm elections in November. (WASHINGTON POST, STATELINE.ORG, CHICAGO SUN-TIMES, CHRISTIAN  SCIENCE MONITOR)

STATE TAXES RISING: State tax burdens increased by an average of 41 percent over the last decade, according to new Census Bureau data. NEW HAMPSHIRE residents saw the biggest jump, with their tax burden more than doubling since 1994. (At $1,544 per person, however, it's still one of the lowest in the country.) Fiscal analysts attribute the increase mainly to the rising costs of education and Medicaid, as well as the widespread budget shortfalls earlier in this decade. One state did manage to buck the national trend; thanks to soaring oil prices, ALASKA was able to reduce the tax burden on its residents by 1 percent, to $2,035 per person. (ASSOCIATED PRESS, BOSTON GLOBE)

BUDGETS IN BRIEF: NEW JERSEY Gov. Jon Corzine's (D) transition team warned last week that as a result of rising expenses and declining revenues, the state could face a $5.5 billion shortfall by the end of the current fiscal year unless something is done to avoid it. National budget-watchers say the Garden State's fiscal predicament is matched by only a few others, most notably hurricane-ravaged LOUISIANA (STAR-LEDGER [NEWARK]). * CONNECTICUT Gov. M. Jodi Rell (R) proposed a $16 billion budget that calls for the repeal of the car tax and a 25 percent reduction in the tax public utilities pay -- and pass on to residents and businesses. The governor is seeking to win four more years in her appointed post this fall (BOSTON GLOBE). * Also in CONNECTICUT, House Speaker James Amann (D) proposed an ambitious $6.2 billion, 10-year plan to improve the state's transportation infrastructure. The proposal would essentially implement the recommendations made by a bipartisan commission three years ago, ignored by then-Gov. John G. Rowland (R) and the legislature at the time because the cost was too high (HARTFORD COURANT). * The Baltimore Sun -- the bane of MARYLAND Gov. Robert L Ehrlich Jr. (R) -- reported last week that the Old Line State's dramatic turnaround from $4 billion deficit to $2 billion surplus in the last three years was due more to tax increases and the general upturn in the economy than to the governor's oft-touted government downsizing efforts. The Sun's figures showed that 28 percent of the improvement was due to tax and fee increases, while only 18 percent was attributable to budget cuts (BALTIMORE SUN). * A Los Angeles County sheriff said last week a wave of racial violence at two CALIFORNIA jails earlier this month that left one prisoner dead and another 100 injured was the result of $150 million in state funding cuts a few years ago. Those cuts forced the closure of jails and the release of nonviolent criminals, increasing the concentration of violent prisoners at the remaining facilities (ASSOCIATED PRESS, SAN DIEGO UNION-TRIBUNE).
 

-- Compiled by KOREY CLARK

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Politics & leadership

PAY RAISE SCANDAL REIGNITES: Just when we thought it was over, last year's brouhaha in PENNSYLVANIA over legislative and judicial pay raises flared up again last week. The fire took hold again in a federal court when the Keystone State chapter of Common Cause submitted new evidence in an ongoing lawsuit over the abortive pay-raise effort alleging that legislative leaders traded government funding for favorable rulings in two cases before the state Supreme Court. The evidence consisted of sworn affidavits from three state lawmakers recounting a closed-door meeting in June 1999 in which then-House Majority Leader John Perzel (R) pressed GOP caucus members to approve a bill providing funding for the county court system in order to ensure that a pair of Supreme Court cases would go their way. The cases, involving an increase in the gasoline tax and workers' compensation reform, were two Perzel said "We cannot afford to lose," according to the sworn statement of one of the Republican legislators, Rep. Ed Krebs. The new allegations were added to the Common Cause lawsuit's preexisting claim that Chief Justice Ralph Cappy was "an active participant in secret negotiations drafting Act 44 [the pay raise]." As a result of that alleged pattern of behavior, Common Cause is seeking "to prohibit state justices and judges from engaging in discussions with members of the legislative or executive branches on legislation, since they may have to rule on such legislation at future times." The group's executive director, Barry Kauffman, forcefully expressed the basis for Common Cause's indignation over the entire affair. "The courts are the last line of defense citizens have to protect themselves from abuses by the legislative and executive branches of government," he said. "If judges and justices collude with the other two branches of government...then the representative democracy we cherish collapses." But the deputy court administrator of Pennsylvania, Thomas Darr, was just as vigorous in his remarks about Common Cause's latest court filing. "A preliminary reading shows the allegations to be preposterous, baseless and reckless and the relief sought ridiculous," he said. (PATRIOT-NEWS [HARRISBURG]), PITTSBURGH POST-GAZETTE)

ETHICS BILL WALTZES THROUGH TN LEGISLATURE: The FBI undercover operation called "Tennessee Waltz," which led to the indictment of five state lawmakers for extortion last May, produced the first rewrite of Volunteer State ethics laws in over a decade last week. Among other things, the new ethics rules establish an independent ethics commission, bar lobbyists from giving directly to political candidates' campaigns and prohibit the governor from fundraising during legislative sessions. Although they were passed overwhelmingly by both houses in special session last Monday, there were a number of dissenters in both chambers. Some wanted tougher regulations, such as an outright ban on cash contributions and a public financing system for campaigns. Others, including one member of the Republican majority in the Senate, protested that the legislation was forged largely behind closed doors. "Why was this bill that recommends open government hashed out in a secret meeting?" asked Sen. Brian Kelsey (R). But Democratic Gov. Phil Bredesen focused on the positive, saying, "I'm proud of the results, and we've done what the public has asked us to do." The comments of House Majority Leader Kim McMillan, also a Democrat, were a little more moderate and considerably more revealing: "No single member, party or chamber got everything they wanted, but, as I've said before, we cannot allow our pursuit of absolute perfection to prevent progress and this bill represents comprehensive ethics reform." Senate Speaker Pro Tem Mike Williams (R), meanwhile, was looking toward the future. "This is not the end -- far from it," he said. "This is the beginning of the right direction where people of this state will be proud of what we're doing." (TENNESSEAN [NASHVILLE], NEW YORK TIMES)

POLITICS IN BRIEF: WISCONSIN Gov. Jim Doyle (D) called a special session, beginning this week, in an effort to force lawmakers to provide $6 million in heating assistance for Badger State residents making less than $40,000 a year. Republican legislative leaders said they would convene as required, but without taking up the governor's proposal, claiming the state can't afford it (ASSOCIATED PRESS, JANESVILLE GAZETTE). * A group of NEW YORK state Supreme Court judges, the state Republican Party, the Manhattan Democratic Party and the state Board of Elections are expected to file a joint appeal of a federal court ruling three weeks ago ordering judicial elections to be conducted through a primary system. The impending action means Empire State judges will likely be selected by political convention again this year (BUFFALO NEWS). * COLORADO lawmakers have introduced a resolution calling for more civility in the Centennial State Legislature. The measure's Senate sponsor, Sen. Brandon Shaffer (D), said it was spurred by the resignation earlier this year of veteran Republican lawmaker Norma Anderson, whose decision was motivated in part by what she viewed as a lack of civility in the legislature since term limits were enacted in 1998 (ROCKY MOUNTAIN NEWS [DENVER]). * Following GEORGIA's lead, PENNSYLVANIA's Republican-controlled House passed legislation Feb. 1 that would require voters to show photo ID at the polls. The bill headed to the GOP-led Senate, but it doesn't look as though it will go any further than that; a spokeswoman for Democratic Gov. Ed Rendell said he does not support the measure (PATRIOT-NEWS [HARRISBURG]). * The NEW HAMPSHIRE House also passed a voter ID bill, HB 345. But the partisan-charged measure is likely to meet the same fate in the Granite State, where, as in Pennsylvania, both houses of the legislature are controlled by the GOP, while the governor's office is held by a Democrat (UNION LEADER [MANCHESTER]). * As a result of reshuffling in connection with VIRGINIA Democrat Mark R. Herring's capture of a Republican Senate seat in a special election two weeks ago (see AT THE POLLS in the Feb. 6 issue of SNCJ), the Democratic minority has gained an 8-7 majority on two committees: Rehabilitation and Social Services and Local Government (RICHMOND TIMES-DISPATCH). * Two national conservative groups, U.S. Term Limits and Americans for Tax Reform, have provided a combined $100,000 to fund a signature-gathering effort to place a new term-limits initiative on OREGON's November ballot. Oregonians overwhelmingly approved a term-limits measure in 1992, but it was declared unconstitutional by the state Supreme Court in 2002 because it amended multiple sections of the state Constitution (STATESMAN JOURNAL [SALEM]).
 

-- Compiled by KOREY CLARK

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BLANCO SAYS IT'S TIME FOR HARDBALL: Embattled LOUISIANA Gov. Kathleen Blanco (D) gave the Bush administration an ultimatum last week -- give Louisiana a larger share of oil and gas royalties from offshore drilling or face a roadblock to exploration in the Gulf of Mexico. It was the governor's strongest statement yet in her ongoing battle with the federal government over aid in rebuilding the hurricane-ravaged Pelican State. Oil and gas companies pay for the right to extract natural resources from the Gulf of Mexico. Louisiana collects royalties and severance taxes on resources extracted within three miles of its border, adding hundreds of millions of dollars a year to the state treasury. But the state receives no share of the leasing fees on oil and gas reserves beyond the three miles, which are in federal waters. The federal government negotiates those leases, which give larger states like FLORIDA and TEXAS extended state waters. Blanco now wants to split the leasing fees 50-50. "If no effort is made to guarantee our fair share of royalties," she said, "I have warned the federal government that we will be forced to block the August sale of offshore oil and gas leases." Although it is unclear whether Blanco actually has the power to back up her threat, she made it very evident that she feels it is time to put all of her cards on the table in her dealings with Washington. "It's time to play hardball, as I believe that's the only game Washington understands," she said. Her comments came as she kicked off a special session of the Legislature at the New Orleans Convention Center, the site of significant suffering during Katrina. It marked the first time in 125 years that lawmakers have convened somewhere other than the statehouse in Baton Rouge. The opening-day meeting was mostly symbolic, as lawmakers immediately returned to the Capitol for the rest of the session, which will deal with how Blanco wants the state to spend the $7.7 billion in federal aid the state has already received. (TIMES-PICAYUNE [NEW ORLEANS], NEW YORK TIMES) 

NO POTOMAC FEVER FOR BARBOUR: MISSISSIPPI Gov. Haley Barbour (R) said that despite rumors to the contrary, he will not make a run at the White House in 2008. Barbour cited his duties in guiding the Magnolia State recovery from Hurricane Katrina, saying "There's no way I could run for president and do what I've got to do as governor. And, obviously, being governor comes first." Barbour also emphasized that he is not interested in joining a GOP ticket as the vice presidential candidate. The governor did say he intends to seek a second gubernatorial term in 2007. Whispers of a potential presidential run started months before Katrina when a former lobbying partner registered two Web sites -- haley2008.com and haleyforpresident.com. The buzz built after Barbour received wide praise for his handling of the Katrina disaster. (WASHINGTON POST)

PERDUE SAYS EMINENT DOMAIN HIS TOP ISSUE: GEORGIA Gov. Sonny Perdue (R) said last week that he will push hard for significant changes to the Peach State's existing eminent domain laws, calling the issue "the most visceral that I've ever detected on the political scene." Perdue proposed a constitutional amendment that would bar using eminent domain for economic development purposes but still allow it to be used for building roads and other public use projects. Perdue is also seeking to give property holders greater rights in eminent domain proceedings, including awarding attorney's fees to land owners in failed eminent domain attempts and giving them the opportunity to repurchase land if it has not been used for its stated purpose within five years. Most legislative Republicans voiced support for Perdue's proposals, but Sen. Jeff Chapman (R), who introduced similar legislation of his own last year, was a notable exception. "From what I've read of [Perdue's bill], I am disappointed. It continues to leave Georgians vulnerable to eminent domain abuse," Chapman said. Another observer, Lamar Norton of the Georgia Municipal Association, also claimed Perdue's 23-page bill would not stop local governments from using eminent domain, although he did note they will have to "go through a lot more hoops." (ATLANTA JOURNAL CONSITUTION)

GOVERNORS IN BRIEF: The VIRGINIA House rejected a proposal from Gov. Tim Kaine (D) to give local governments more control in slowing growth if the surrounding infrastructure does not support it. A house committee did endorse another measurer calling for the Virginia Department of Transportation to perform a traffic impact analysis on development proposals. Kaine has stated he will make easing the state's chronic traffic congestion a top priority (WASHINGTON POST). * MAINE Gov. John Baldacci (D) said he would veto a bill currently making its way through the Legislature that would more than double the governor's annual salary. Maine governors currently are paid $70,000 per year, the lowest of any governor in the nation. The new measure would raise that to $150,000. Baldacci isn't actually eligible to receive a pay raise because the state constitution bars a sitting governor from getting a pay hike (KENNEBEC JOURNAL [AUGUSTA]). * Former CONNECTICUT Gov. John G. Rowland (R) was released from the Loretto Federal Correctional Institution in western PENNSYLVANIA last week after serving a 10-month sentence for a variety of corruption charges. He must still serve four months of house arrest and perform 300 hours of community service (ASSOCIATED PRESS). * WASHINGTON Gov. Christine Gregoire said the Evergreen State would join OREGON, CALIFORNIA and NEW MEXICO in a lawsuit challenging the Bush administration's move to open roadless national forest lands to mining, logging, road-building and other development (LOS ANGELES TIMES). 
 

-- Compiled by RICH EHISEN

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Here are some of the topics you will see covered in upcoming issues of the State Net Capitol Journal:  - Hospital infections - Raising the minimum wage - Health care workers: The right to say no? - Illegal immigration: Targeting employers And much more...

BUSINESS: A COLORADO Senate committee rejects SB 98, a measure that would have prohibited illegal immigrants from receiving workers compensation benefits if they were hurt on the job. Supporters said it would discourage employers from hiring illegals. Opponents disagreed, saying it would instead encourage the practice (ROCKY MOUNTAIN NEWS [DENVER]). * An OKLAHOMA Senate panel approves SB 1748, which would bar companies from selling anyone's personal cellular phone records to third parties. It now dials up the full Senate (OKLAHOMAN [OKLAHOMA CITY]). * An ILLINOIS Senate committee also addresses cell phone records, approving a proposal that would make a person or company selling that information guilty of identity theft. It passes to the full Senate (CHICAGO TRIBUNE). * Still in ILLINOIS, a House panel approves HB 5299, legislation that would require Internet dating services to post on their Web site whether they perform criminal background checks on their customers. Services that do conduct the checks would have to post warnings about customers with criminal records. It now posts in the full House (QUAD-CITY TIMES [DAVENPORT]). * The MAINE House endorses a measure that would raise the Pine Tree State minimum wage to $7-per-hour by October 2007. The Senate is already considering the legislation (PORTLAND PRESS HERALD). 

CRIME & PUNISHMENT: The NEW MEXICO House unanimously approves HB 130, a measure that would force people arrested for most felony crimes to submit a DNA sample to authorities. The sample would then be compared to those in a state database for comparison to DNA samples from other crime investigations. The measure moves to the Senate (DAILY TIMES [FARMINGTON]). * DNA is also an issue in the ILLINOIS House, which approves legislation that would make DNA samples mandatory for anyone arrested for a felony. The proposal heads to the Senate (QUAD-CITY TIMES [DAVENPORT]). * Still in ILLINOIS, a House committee approves HB 4222, which would require convicted sexual offenders to wear a GPS tracking device for 40 years after they are released from prison. It moves to the full House (ST. LOUIS POST-DISPATCH). * AN OKLAHOMA Senate committee endorses SB 1020, which would make it a misdemeanor to picket within 500 feet of a cemetery or mortuary for one hour prior and four hours after the start of a funeral service (See SNCJ Spotlight in this issue). The proposal heads to the Senate (OKLAHOMAN [OKLAHOMA CITY]).

EDUCATION: A UTAH House committee narrowly approves HB 107, which would allow Beehive State school districts and charter schools to create voluntary full-day kindergarten in schools with large populations of disadvantaged students. The measure moves to the full House (SALT LAKE TRIBUNE). * That same UTAH House committee also endorses HB 96, which would require public school teachers to say the state doesn't endorse any specific theory involving the origins of species. The bill was changed from its original version that emphasized teaching intelligent design as an alternative to the theory of evolution. It graduates to the full House (SALT LAKE TRIBUNE). 

ENVIRONMENT: The IDAHO Senate approves SB 1276, which would require that residents in counties adjacent to a proposed thermal power plant site receive notification and a chance to voice their concerns before building begins. The bill now goes to the House (TIMES-NEWS [TWIN FALLS]). 

HEALTH & SCIENCE: The CALIFORNIA Senate approves a measure that would allow the Golden State to extend by 30 days its emergency aid to Medicare recipients struggling with the federal program's new prescription drug plan. The measure moves to the Assembly (CONTRA COSTA TIMES). * An ILLINOIS House committee endorses HB 4338, which would ban smoking in all public indoor workplaces. The measure would include bars, restaurants and bowling alleys. It wafts over to the full House (STATE JOURNAL-REGISTER SPRINGFIELD]). * A UTAH House committee approves SB 19, which would ban smoking in Beehive State bars and private clubs. The measure, which has already passed in the Senate, now goes to the full House (Salt Lake Tribune). 

HOMELAND SECURITY: Public safety officials in NEW JERSEY begin metal detector security screening on commuter train passengers. The garden State becomes the first in the nation to employ the airport-like security. The system is being tested on trains running between New Jersey and New York City using tunnels under the Hudson River (WASHINGTON POST).

SOCIAL POLICY: The IDAHO House approves a proposed constitutional amendment that would ban same-sex marriage in the Gem State. The measure moves to the Senate, where it must pass with a two-thirds margin to get onto the November ballot (IDAHO STATESMAN). * A SOUTH CAROLINA House committee approves a measure that would allow Palmetto State mothers to nurse their children in most public places. It now goes before the full House (POST & COURIER [CHARLESTON]). * A SOUTH DAKOTA House committee approves HB 1215, legislation that would make performing an abortion a Class 5 felony punishable by up to five years in jail. Doctors would be allowed to conduct the procedure only in order to save the mother's life. It heads to the full House (RAPID CIY JOURNAL). * A VIRGINIA Senate panel rejects legislation that would have explicitly banned discrimination against homosexuals in state and local government hiring practices. The law would have made an earlier executive order from Gov. Tim Kaine (D) a permanent state law (VIRGINIAN-PILOT [RICHMOND). 

POTPOURRI: A VIRGINIA House panel endorses a measure that would exempt motorcycle operators and passengers over the age of 21 from the Old Dominion State's mandatory helmet law. The bill now crashes headfirst onto the full House floor (RICHMOND TIMES-DISPATCH). * The MISSISSIPPI House says "I do" to a proposal to allow 18-to-20-year-olds to get married without parental permission and eliminate the premarital blood test that screens for syphilis. Supporters hope it will encourage more couples to say their vows in the Magnolia State. It marches down the aisle to the Senate (COMMERCIAL APPEAL [MEMPHIS]). * The VERMONT Senate approves a measure that would make the Green Mountain State the first in the nation to ban cropping a dog's ears purely for cosmetic purposes. The bill moves to the House (RUTLAND HERALD). * The UTAH Senate approves SB 113, a bill that would increase to as much as $1 million the amount of money an accident victim or survivor could collect in damages from the state. Under the current Governmental Immunity Act, the Beehive State's liability for an accident -- regardless of how many people are injured or killed -- is a total of $1.1 million. SB 113 would raise that to $10 million. It moves to the House (SALT LAKE TRIBUNE). 
 

-- Compiled by RICH EHISEN

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Once around the statehouse lightly

THE REAL NRA: Some folks might think "NRA" stands for "National Rifle Association." But in FLORIDA these days, those initials might as easily stand for the "not rational association." That's because the NRA has sponsored a bill that would put employers behind bars for refusing to allow employees to keep guns in cars parked in the employer's parking lot. Not surprisingly, reports the Miami Herald, the Sunshine State business community is, uh, up in arms over the proposal. The sponsor of the bill, Republican Rep. Dennis Baxley of Ocala, told the paper that his legislation is supposed to prevent "back-door gun control." The Second Amendment, he insists, trumps the private-property rights of business owners. Up next: The right to mount a .50 caliber machine gun on your Hummer.

FEED A FOX, GO TO JAIL: Well, perhaps not to jail but certainly to the bank to withdraw enough money to pay the $1,000 fine. As the Rocky Mountain News notes, a COLORADO lawmaker would make it a crime to put food on your porch for the purpose of inviting some unsuspecting bit of wildlife to eat a meal. Democratic state Sen. Deanne Hanna of Lakewood has introduced a bill to fine Coloradans who try to feed squirrels, raccoons, foxes and other feral animals. Her rationale: Feeding wild animals can make them dependent on humans for food, and therefore potentially dangerous. So, let's make sure we understand this bill in context. If it passes, it will be legal in Colorado to use food to lure an animal to its death, but illegal to use food to lure an animal to lunch.

PROTECTING AN INDUSTRY: Is that syrup on your table really from VERMONT? New rules passed in the Vermont Legislature may help you find out. According to the Rutland Herald, syrup produced in the Green Mountain State now must be labeled as "Vermont grade" instead of "U.S. grade," "fancy" or "amber." And if, by some chance, the syrup comes from somewhere else but has the word "Vermont" in its name, the label must inform consumers about the product's origins. This only applies, of course, to syrup sold within the borders of Vermont. Labels on bottles, tins and jugs sold in NEW MEXICO can read "Vermont's Best Maple Syrup" even though the liquid inside comes from, say, Detroit.

NO MULLIGANS ALLOWED: The dust-up began innocently enough when Democratic Rep. Gary Lindstrom cast his vote on COLORADO'S proposed clean-air act -- a bill backed by Democrats and environmentalists but opposed by Republicans and various business groups. Lindstrom, a candidate for governor, voted "aye," reports the Rocky Mountain News. Unfortunately, a confused Lindstrom voted "yes" not on the bill but on a GOP-sponsored amendment to kill the bill. Republicans, made aware of the mistake, refused to guarantee that a motion to reconsider would receive the needed two-thirds approval. Democrats then accused Republicans of "uncivil" behavior, and the firestorm ignited. The legislation will be reintroduced but must work its way back through committee before once again reaching the floor. And the next time it comes up for vote on the floor, Lindstrom likely will have a chaperone. 

THE TRADITIONAL SCHOOL HOLIDAY -- NOT: In the East and Midwest, kids often look forward to blizzards because severe snow conditions can create a "snow day" that closes schools. But in some parts of IDAHO, notes The Associated Press, kids know that school will shut down for a few days in early fall for the annual "spud break." That's the time of the potato harvest when kids are -- or traditionally have been -- needed in the fields. But some Gem State officials want to end the tradition, citing the fact that machines now do most of the work. Teachers think the break, coming so soon after the start of the year, may even depress test scores. But the five or six districts that still honor the spud break want to keep it. The break, they insist, says something about the place they call "home." J.R. Simplot likely would agree. 
 

-- By A.G. BLOCK

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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), 
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Lauren King (MA) and Ben Livingood (PA) 
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ISSN: 1521-8449