State Net ************************************************** C A P I T O L J O U R N A L ************************************************** News & Views from the 50 States ================================================================= Volume XVI, No. 5 Monday, February 18, 2008 ================================================================= ##### TOP OF THE NEWS ##### SNCJ SPOTLIGHT ............................1 * Economic woes could waylay hope of improved state-federal relationship BUDGET & TAXES ............................2 * Congress considering college funding mandate POLITICS & LEADERSHIP ............................3 * Indian gaming battle raging on Capitol Hill UPCOMING ELECTIONS ............................4 GOVERNORS ............................5 * Ritter pushes staged health care proposal UPCOMING STORIES ............................6 HOT ISSUES ............................7 IN THE HOPPER ............................8 ONCE AROUND THE STATEHOUSE LIGHTLY ............................9 IN CASE YOU MISSED IT ...........................10 *** The next issue of Capitol Journal will be available on March 3rd. ***************************************************************** ***** #1--SNCJ SPOTLIGHT ***** Economic woes could waylay hope of improved state-federal relationship During a detour in the Republican debate at the Ronald Reagan Presidential Library last month, Sen. John McCain of ARIZONA declared himself a "federalist" and former ARKANSAS Gov. Mike Huckabee retrospectively declared Thomas Jefferson the winner over Alexander Hamilton in the long struggle between states' rights and a powerful central government. None of the Republican aspirants -- there were four at the time -- challenged Huckabee on this controversial assertion. In fact, as other aspects of the debate revealed, the Jefferson-Hamilton contention continues unabated today on a broad range of national issues. McCain, who has since become the presumptive Republican presidential nominee, declared himself a federalist after an exchange in which he was asked if he agreed with CALIFORNIA Gov. Arnold Schwarzenegger that the state should be allowed to impose new regulations that would cut greenhouse gas emissions on cars and trucks by 30 percent over the next eight years. McCain, with a smile, took note of the imposing figure of Schwarzenegger in the front row and said, "I have to agree." So did the other candidates. Because of the lack of argument, the issue predictably received scant attention in media accounts the following day. Nor is it likely to be much of an issue in the general election: both Sens. Hillary Clinton of NEW YORK and Barack Obama of ILLINOIS, one of whom will be the Democratic nominee, have called for bold action to reverse climate change and are presumed to favor the CALIFORNIA law. Agreement on this one issue in itself suggests there will be genuine change when the next president takes office. For when Schwarzenegger, supported by other states (including ARIZONA, as McCain noted), sought a waiver from the Environmental Protection Agency to implement the CALIFORNIA proposals, he was turned down cold by EPA administrator Stephen L. Johnson. On January 2, CALIFORNIA and 15 other states sued in federal court to overturn Johnson's decision. The lawsuit noted that CALIFORNIA has long led the way in pushing Detroit to reduce pollution through such methods as catalytic converters and unleaded gasoline. The 2008 presidential election is far more likely to turn on issues of the economy, the Iraq War and national security than on a rarified debate about federalism, which is essentially a discussion of the allocation of responsibilities between the federal government on the one hand and state and local governments on the other. But federalist issues nonetheless pervade the political conversation. Five days after CALIFORNIA and the other states sued the EPA, a federal appeals court in Cincinnati revived a lawsuit filed by school districts in MICHIGAN, TEXAS, and VERMONT that aims to overturn a key provision in the No Child Left Behind Act, one of the major legislative accomplishments of the Bush administration. These school districts and the National Education Association, the nation's largest teachers' union, contend that the law requires them to pay for standardized testing of school children but doesn't give them enough money to do it. When No Child Left Behind was passed in 2001 with the bipartisan support of Sen. Edward Kennedy and other Democrats, a paragraph was inserted which says that no state or district can be forced to spend money on expenses the federal government has not covered. A court in MICHIGAN originally threw out the lawsuit; the 2-1 decision by U.S. Court of Appeals for the 6th Circuit cited this paragraph in reviving it. Financial considerations are also at stake in the Bush administration's attempt to force states to require Americans to carry tamper-proof driver's licenses. This has been a bone of contention since 2005, when Congress passed the Real ID Act because of security concerns occasioned by the 200l terrorist attacks. Some states said this law was beyond their financial capability; others worried that it might be an invasion of privacy. Seventeen states passed laws calling for changes in the law or its repeal. In January the administration bowed to these concerns by delaying implementation of Real ID for five years. But the federal government didn't completely surrender to the states. The edict that delayed implementation of Real ID also said that residents of states that have not developed tamper-proof licenses will not be able to use these licenses for boarding a plane or entering a federal building after May 11 of this year. There are other issues on which a showdown between the federal government and the states lurks just around the corner. Some of them have partisan overtones. Clinton and Obama are promoting federal health care plans -- hers slightly more ambitious than his -- that approach universal health care. McCain has made no such proposal and many Republicans appear to prefer a series of state plans such as those begun in MASSACHUSETTS. But the MASSACHUSETTS plan is $150 million over budget this year; the costs are expected to escalate further next year. Funding issues helped kill a CALIFORNIA health plan earlier this year; it isn't evident if any state will be able to provide "universal" coverage on its own or, for that matter, if the federal government can afford it. All of these issues involve disagreements over policy as well as dollars. The auto industry is traditionally resistant to CALIFORNIA's aim to curb emissions in ways that the industry contends threaten the viability of U.S. car manufacturers. The National Education Association opposes the very idea of standardized testing, no matter what the cost. Opponents of Real ID, as noted, have articulated a mix of financing and privacy concerns. It seems likely, no matter who wins this year's presidential election, that the next administration will have a more expansive concept of federalism than the present one. That's the good news. The bad news is that a dawdling economy undermined by the housing crisis and rising energy costs seems likely to squeeze both the federal government, which will have less money to meet the costs of its mandates, and the states, which may need to reduce basic services. It has been famously said that a rising tide lifts all boats. On the other hand, a receding tide could turn a creative discussion of federalism into a scramble for scarce dollars. -- By Lou Cannon ***************************************************************** ***** #2--BUDGET & TAXES ***** CONGRESS CONSIDERING COLLEGE FUNDING MANDATE: States would lose federal funds for not spending enough on higher education, under legislation moving through Congress. The College Opportunity and Affordability Act -- which is actually a reauthorization of the Higher Education Act of 1965, last renewed in 1998 -- includes a provision requiring each state to fund higher education at or above the average level it spent over the previous five years. States that failed to do so could lose their share of the $65 million federal Leveraging Educational Assistance Partnership grant program for low-income students. "One of the biggest factors driving tuition increases at public colleges and universities is states' cutbacks in higher education funding," said Rachel Racusen, a spokeswoman for the bill's key sponsor, House Education and Labor Committee Chairman George Miller (D-CALIFORNIA). "With the federal government putting money in at the top, it's important that states not take money out at the bottom," she said. But some aren't too keen on the idea. "Once again the federal government is saying that they're the ones that have the most expertise to run education in individual states," said NORTH DAKOTA Rep. Rae Ann Kelsch (R), who also chairs the National Conference of State Legislatures' (NCSL) education standing committee. "The provision would set a dangerous precedent for the federal intrusion into state policy and the appropriation authority. That's an issue that we as legislators pride ourselves in." David Shreve, federal affairs counsel for NCSL, said the provision would also make state lawmakers more hesitant to increase spending in good budget years "because it ratchets up the new baselines for the following years." But the act moved a step closer to passage earlier this month when the U.S. House approved it on a 354-58 vote. The Senate unanimously passed its own higher education reauthorization bill in July, but it didn't include the state-funding provision. (STATELINE.ORG) FEDERAL MEDICAID REDUCTIONS IMMINENT: Motivated by the belief that states have been using legally questionable schemes to collect more federal Medicaid payments than they're entitled to, the Bush administration is about to issue new rules that would shift billions of dollars in Medicaid costs to the states. And while there's a chance that cash-strapped states will be able to avert that misfortune, it's only a slim one. The first regulation, slated to be issued March 3, will cut back federal reimbursements for ancillary services states provide Medicaid patients, such as help locating housing or paying for utilities. Then, on May 25, would come rules limiting what states could pay health providers, ending reimbursements for hospital staff's salaries, ending reimbursements for busing Medicaid-eligible children to school and narrowing the scope of services considered to be "rehabilitative." All told, the regulations would reduce federal Medicaid spending by about $12 billion over five years. Congress imposed moratoriums on three planned Medicaid regulations last year, and an aide to the Senate Finance Committee, which oversees Medicaid, said the committee's chairman, Sen. Max Baucus (D-MONTANA) would like to extend those moratoriums -- set to begin expiring this spring -- and block several of the new regulations. "Chairman Baucus feels confident that an agreement can be reached on the Medicaid regulations again this year," the aide said. But an aide for the Finance Committee's ranking Republican member, Sen. Charles E. Grassley of IOWA said, "Our position is we do not support moratoriums going forward." And another GOP aide said there was "no chance" Congress would impose a moratorium on the first regulation set to take effect, limiting reimbursements for ancillary services. (CQPOLITICS) FED TAX PACKAGE NOT GOOD FOR STATES: The economic stimulus package that was signed by President Bush last week might be a good thing for taxpayers', but not for many states. By allowing taxpayers to cash in on federal tax breaks earlier than usual, the package will reduce the amount of federal taxes paid both this year and next, in turn, lowering the amount of state taxes paid in 36 states with tax systems that are tied to the federal one. The measure is expected to cost COLORADO $54 million. (DENVER POST) BUDGETS IN BRIEF: FLORIDA received $267 million less in federal Medicaid funding than usual in the fiscal year that ends June 30, and is expected to receive $213 million less next fiscal year, because the flood of money into the state following the hurricanes in 2004 and 2005 significantly raised per-capita income (PALM BEACH POST). * Also in FLORIDA, a state panel studying tax reform, recommended a plan that would give voters veto power over local government budgets. The Taxation and Budget Reform Commission's proposal would also limit how much local governments could collect in taxes (ST PETERSBURG TIMES). * FLORIDA is also launching its first national tourism ad campaign, in an effort to counteract the effect of the slowing economy. The roughly $9 million campaign will include a 30 second TV spot, print advertising and Web-based promotion (ST PETERSBURG TIMES). * CALIFORNIA's Senate Budget Committee approved $1 billion in emergency cuts to state education and other services last Wednesday. Gov. Arnold Schwarzenegger had declared a fiscal emergency and proposed $800 million in budget cuts on Jan. 10, giving lawmakers 45 days - until Feb. 23 - to legislate them. The full Senate was expected to take up the recommended cuts on Friday (Feb. 15) (SACRAMENTO BEE). * ARIZONA's House Appropriations Committee voted last week to freeze virtually all state government and university hiring and promotions in an effort to curb the state's growing deficit (ARIZONA DAILY STAR). * VIRGINIA Gov. Timothy M. Kaine (D) announced last week that the state would probably have to lay off employees and further reduce aid to state agencies, local governments, and schools and colleges to help cover an unexpected $1.4 billion shortfall in the state budget through 2010 (WASHINGTON POST). * The ALABAMA House of Representatives voted unanimously last week to let voters decide on Nov. 4 whether to create a $180 million rainy day fund for the state general fund (BIRMINGHAM NEWS). -- Compiled by KOREY CLARK ***************************************************************** ***** #3--POLITICS & LEADERSHIP ***** INDIAN GAMING BATTLE RAGING ON CAPITOL HILL: A pair of bills that would settle land claims lodged a century ago by two MICHIGAN Indian tribes have touched off a major battle in Congress. The bills, HR 2176 and HR 4115, would effect land swaps granting MICHIGAN's Bay Mills Indian Community and Sault Ste. Marie Tribe properties near Detroit and Port Huron, on the Canadian border. The point of contention is that the bills would also allow the tribes to build casinos on those properties. At a committee hearing on the measures two weeks ago, their primary House backer, Rep. John D. Dingell (D-MICHIGAN), chairman of the Energy and Commerce Committee, insisted that they were about a legitimate land claim, not off-reservation gambling. But Rep. Shelley Berkley (D-NEVADA) contended, "Make no mistake -- these bills are Indian gaming bills and other tribes will ask for the same." Other opponents of the measures include not only Berkley's fellow delegate Rep. Dean Heller (R-NEVADA), but also Judiciary Committee Chairman John Conyers Jr. (D) of MICHIGAN, who believes additional casinos would over-saturate the gambling market in Detroit, where is district is located, and where there are already three commercial casinos in operation. But other members of MICHIGAN's delegation side with Dingell on the issue, including fellow Democrat and measure sponsor Rep. Bart Stupak, and Republican Rep. Candice S. Miller. "Much of the opposition is based purely on greed," Miller argued at the committee hearing. "Now that the city of Detroit has theirs, they don't want anyone else to have one." Backing the two sides are more than a dozen lobbying firms, representing Indian tribes, MICHIGAN developers, like Michael Malik, a business partner of Marian Ilitch, whose family owns the Detroit Red Wings and Detroit Tigers, and the Las Vegas-based gambling company MGM Mirage, which just built an $800 million casino in Detroit. In the past two election cycles, the Ilitch family has contributed $393,000 to members of Congress, and the MGM Mirage has donated $1.4 million. Rep. Dale E. Kildee (D-MICHIGAN), co-chairman of the Congressional Native American Caucus predicted the lobbying effort would be big on both sides. "Whenever you combine gaming and money to be made, you find a lot of people interested who were never interested in Indians before." So far, things have gone supporters' way. The two measures were overwhelmingly approved by the Natural Resources Committee, and an attempt by Rep. Heller to strip the bills of their gambling provisions was soundly rejected. "Dingell is very powerful," Heller remarked afterward. But the road could be tougher in the upper chamber. Senate Majority Leader Harry M. Reid (D-NEVADA) is reportedly strongly opposed to the legislation. (WASHINGTON POST) ELECTION STILL NOT OVER IN CA: CALIFORNIA was one of 24 states that held primary elections on Feb. 5. But as of late last week -- when the media's focus was on the next round of primaries -- 960,000 absentee and provisional ballots cast in the Golden State remained uncounted. "In California, we're sitting on almost a million votes still to be tallied -- and meanwhile the pundits are going on and on about states that don't have a million votes, total," said Steve Weir, president of the California Association of Clerks and Election Officials. The backlog was attributed to the high number of absentee ballots turned in on election day and the large volume of inexperienced voters who cast ballots. However, Robert Stern, head of the nonpartisan Center for Governmental Studies, said the uncounted votes were unlikely to change the results for any of the state ballot measures or the Republican presidential primary, and would shift no more than seven of the state's 370 delegates in the Democratic primary. Regardless, election officials hope to have the results of the more than 7.1 million ballots cast to the secretary of state by March 4. (SACRAMENTO BEE) POLITICS IN BRIEF: The SOUTH DAKOTA Senate passed a proposed constitutional amendment last week (SJR 1) that will let voters decide whether to abolish term limits for state lawmakers. Under the state's current term limits law, passed in 1992, legislators can't serve for more than eight years straight in either chamber (ASSOCIATED PRESS, RAPID CITY JOURNAL). -- Compiled by KOREY CLARK ***************************************************************** ***** #4--UPCOMING ELECTIONS ***** (02/14/2008 - 03/06/2008) 02/19/2008 South Carolina Primary Runoff (if nec) House District 92 02/26/2008 Florida Special Election House District 32 New York Special Election Senate District 48 03/04/2008 Florida Special Election House District 103 Massachusetts Special Election House 8th Essex District; 32nd Middlesex District; 7th Bristol District; 23 rd Middlesex District ***************************************************************** ***** #5--GOVERNORS ***** RITTER PUSHES STAGED HEALTH CARE PROPOSAL: COLORADO Gov. Bill Ritter (D) introduced last week what he called "the first step" in his plan to bring universal health care to the Centennial State. The proposal focuses primarily on covering children, including expanding eligibility for the state's health plan for kids to families earning 225 percent of the federal poverty level, a slight increase from the current 200 percent, and ramping up efforts to enroll the 70,000 COLORADO kids who are eligible for the state health plan or Medicaid but not enrolled. Ritter said the state will spend $25 million on the new health care reforms this year, with possibly another $40 million coming from federal matching funds. He ruled out seeking tax hikes to pay for the program, noting the money is already in the general fund. Ritter also said that his administration must prove it has cut needless spending, such as duplicate medical tests and paperwork, before it can turn to voters for more money. Republicans were quick to point out Ritter's proposal is fairly modest in comparison with his original plan to provide the state with comprehensive health reform. "It looks like the COLORADO Promise has been reduced to Lincoln Logs and Tinker Toys," said Rep. Cory Gardner (R). Ritter, however, said his vision "remains the same," insisting that his "staged approach" will eventually lead to coverage for all of the state's estimated 790,000 uninsured residents. (DENVER POST) HUNTSMAN FACES OFF WITH LAWMAKERS: UTAH Gov. Jon Huntsman Jr. could be facing a showdown with lawmakers over legislation that would restrict his ability to make interstate agreements that currently require only his approval. The measure in question, SB 144, would require lawmaker approval of such agreements. Huntsman had hinted he would veto the bill, but that was before both houses of the Legislature approved it with veto-proof margins last week. Lawmakers came up with the bill after Huntsman entered into an agreement with CALIFORNIA Gov. Arnold Schwarzenegger (R) last year on the Western Regional Climate Action Initiative, an effort to get states to reduce their greenhouse gas emissions. Sen. Scott Jenkins (R), the bill's author, said his proposal is not necessarily aimed against Huntsman, but is "a question of power, of balance of power" between the legislative and executive branches of Beehive State government. (DESERET MORNING NEWS (SALT LAKE CITY], SALT LAKE TRIBUNE) SCHWARZENEGGER SAYS HEALTH CARE REFORM NOT DEAD: CALIFORNIA Gov. Arnold Schwarzenegger (R) last week insisted that health care reform is not a dead issue in the Golden State. "I've made it very clear we won't give up. We're going to have comprehensive health care reform, even though we experienced a bump in the road," Schwarzenegger said. That apparently was news to Assembly Speaker Fabian Nuņez (D), Schwarzenegger's strongest ally in his year-long campaign to get a reform package through the Legislature, an effort that died in the Senate last month. During an appearance before the Sacramento Press Club, Nuņez said that "for all intents and purposes, health care reform is not going to happen in 2008." Nuņez, who is termed out this fall, was slightly more optimistic that it might still happen down the road, noting that "Somebody's going to have to pick up the ball where we left off in 2009 and 2010, and my hope is that that happens." (STATE NET, SAN JOSE MERCURY NEWS) RENDELL BACKTRACKS ON OBAMA RACE COMMENT: PENNSYLVANIA Gov. Ed Rendell (D) found himself squarely on the hot seat last week after he questioned whether voters in his state would support a black candidate for president. Rendell pointed to his own 22-point re-election win in 2006 over Republican candidate Lynne Swann, who is black, as a reason Keystone State voters may not support ILLINOIS Sen. Barack Obama in the upcoming presidential primary. The governor speculated that Swann's race might have cost him as much as five percentage points in the final results. Those comments immediately sparked heated debates on Internet sites and cable news shows, with some people accusing Rendell of invoking race in an effort to help presidential hopeful Hillary Clinton in her campaign to overtake Obama for the Democratic nomination. Rendell denied the claim, saying he was only stating an opinion based on what he saw during his own campaign. The state's highest-ranking black legislator, state Rep. Dwight Evans (D), came to Rendell's defense, saying the governor was "just making a very obvious statement. He's commenting on a reality not just of Pennsylvania, but all of America." (MORNING CALL, PITTSBURGH POST-GAZETTE) EXECUTIVE ORDERS: OHIO Gov. Ted Strickland (D) issues 2008-04S, which directs state agencies to adhere to a "Common Sense Business Regulation approach" when regulating Buckeye State businesses. Examples include making rules that are easy to understand and consistent from region to region (STATE NET). * NEVADA Gov. issues EO 5, which creates the State Auto Theft and Insurance Fraud Task Force, which will be tasked with developing a statewide strategic plan to fight auto theft and insurance fraud (STATE NET). GOVERNORS IN BRIEF: ALASKA Gov. Sarah Palin (R) signed a bill last week that lifts a $250 limit on compassionate gifts to lawmakers. The measure clears the way for a legislative staffer to donate a kidney to state Rep. Richard Foster (D), who is suffering from genetic kidney disease (ANCHORAGE DAILY NEWS). * GEORGIA Gov. Sonny Perdue (R) is pushing Peach State lawmakers to approve legislation that would protect landowners who open up their property to hunters and so-called agri-tourists from some lawsuits. Property owners would remain liable for gross negligence deliberately putting people in danger (MACON TELEGRAPH). * Despite pressure from some lawmakers, ILLINOIS Gov. Rod Blagojevich (D) said last week that he plans to keep the state's moratorium on death penalties in place until it's clear reforms imposed by former-Gov. George Ryan in 2000 are adequate and working (ROCKFORD REGISTER-STAR). -- Compiled by RICH EHISEN ***************************************************************** ***** #6--UPCOMING STORIES ***** Here are some of the topics you will see covered in upcoming issues of the State Net Capitol Journal: - Pharmaceutical gifts to doctors - National energy corridors - Guns on campus ***************************************************************** ***** #7--HOT ISSUES ***** BUSINESS: The PENNSYLVANIA Senate approves legislation that would create a state agency to oversee coal mine safety. The measure, which moves now to the House, would also make coal mine owners and operators primarily responsible for the safety of their mines and establish fines of up to $200,000 for noncompliance (PITTSBURGH POST-GAZETTE). * The SOUTH DAKOTA House approves a proposal to create a special class of liquor license for big-city restaurants that ban smoking and video lottery. The measure is aimed at allowing the state's 14 largest cities to issue additional liquor licenses to draw in national chain restaurants. It moves to the Senate (ARGUS LEADER [SIOUX FALLS]). * The VIRGINIA Senate approves SB 588, which would limit payday loan borrowers to only a single loan at a time. It moves to the House. Meanwhile, still in the Old Dominion, the House approves HB 12, which would limit consumers to just five payday loans per year. It also caps interest on those loans at 36 percent, but allows lenders to charge fees on each transaction. It moves to the Senate (RICHMOND TIMES-DISPATCH). * And still in VIRGINIA, the Senate endorses SB 476, which would allow concealed weapon permit holders to carry concealed firearms into restaurants as long as they do not drink alcohol on the premises. That measure shoots off to the House (RICHMOND TIMES-DISPATCH). * A federal appeals court overturns a TEXAS law that makes it a crime to promote or sell sex toys. Three states -- MISSISSIPPI, ALABAMA and VIRGINIA -- have similar laws still in force, while courts in LOUISIANA, KANSAS, COLORADO and GEORGIA have in recent years tossed out such statutes (AUSTIN AMERICAN-STATESMAN). CRIME & PUNISHMENT: The NEBRASKA Supreme Court rules that using the electric chair as a means of carrying out a death sentence is unconstitutional. The ruling puts capital punishment on hold in the Cornhusker State until it can adopt a constitutionally acceptable execution method (LINCOLN JOURNAL STAR). * Still in NEBRASKA, the Legislature's Judiciary Committee approves KB 1063, which would make life without parole the only possible sentence for first-degree murder. It moves to the full Legislature (OMAHA WORLD-HERALD). * The VIRGINIA House approves HB 656, which makes all forms of animal fighting illegal. It moves to the Senate (WASHINGTON POST). * The VERMONT Senate approves legislation that would remove jail time as a penalty for people caught for the first or second time with two ounces or less of marijuana. Offenders would have the choice of paying a fine or successfully completing a drug diversion program. It moves to the House (RUTLAND HERALD). EDUCATION: The UTAH Senate approves SB 37, which would allow private and home-schooled students to participate in public school sports and extracurricular activities. Students would need to show sufficient academic performance and meet certain other conditions. It heads to the House (SALT LAKE TRIBUNE). * A SOUTH DAKOTA Senate committee rejects a House-approved measure that would have barred Coyote State colleges from prohibiting guns on campus. Bill supporters say they will attempt to gather support to bring the bill to the Senate floor anyway (ARGUS LEADER [SIOUX FALLS]). ENVIRONMENT: The INDIANA Senate approves SB 45, legislation that approves the Hoosier State's participation in the Great Lakes-St. Lawrence River Basin Water Resources Compact. That pact requires the governors of all the Great Lakes states to approve any effort to divert water from the lakes to other regions of the country. It moves to Gov. Mitch Daniels (R), who is expected to sign it (INDIANAPOLIS STAR). * NEW YORK lawmakers also approve the Empire State's participation in the Compact, sending the measure to Gov. Eliot Spitzer (D), who is expected to sign it. Two other Great Lakes States, MINNESOTA and ILLINOIS, have already adopted the compact (ALBANY TIMES-UNION). * The PENNSYLVANIA House approves a proposal to require utilities to develop plans to cut electricity use and install "smart meters" -- which enable advanced communication with the utilitys' computers -- in all homes and businesses within a decade. It moves to the Senate (PHILADELPHIA INQUIRER). HEALTH & SCIENCE: The MISSOURI Senate approves SB 724, legislation that would allow nurse practitioners to write prescriptions for some Schedule III, IV and V controlled substances, including pain relievers, muscle relaxants and prescription-strength cough and nausea medicines. It must still pass another Senate vote to be sent to the House (NEWS TRIBUNE [JEFFERSON CITY]). * The VIRGINIA House approves HB 559, legislation that would allow authorities to involuntarily commit a mentally unstable person if there is a substantial likelihood he would harm himself or others. It moves to the Senate (RICHMOND TIMES-DISPATCH). * Also in VIRGINIA, the Senate approves a trio of bills -- Senate Bills 298, 501 and 202 -- which would collectively ban smoking in restaurants. They move to the House (RICHMOND TIMES-DISPATCH). IMMIGRATION: The OREGON Senate and House endorse SB 1080, a measure that requires people applying for a new or renewed Beaver State driver's license to show proof of citizenship or permanent legal presence. It moves to Gov. Ted Kulongoski (D), who is expected to sign it into law (STATESMAN JOURNAL [SALEM]). SOCIAL POLICY: An ARIZONA House committee approves HB 2769, a bill that would ban late-term or "partial-birth" abortions in the Grand Canyon State. Current state law already bars the process, but has been ruled unconstitutional. The new measure allows the procedure if it is done to save the mother's life. The proposal moves to the full House (ARIZONA DAILY STAR [TUCSON]). * ALASKA Gov. Sarah Palin (R) signs legislation that allows parents who might otherwise abandon a newborn baby to leave the child with proper authorities without facing criminal charges. The measure allows infants under 21 days old to be surrendered to peace officers, doctors and other safety personnel. Palin's signature makes ALASKA the 49th state to adopt a "safe haven" law (KTUU.COM [ANCHORAGE]). * Safe haven is also the issue in NEBRASKA, where Gov. Dave Heineman (R) signs legislation that makes the Cornhusker State the 50th to allow parents to surrender a newborn child without fear of prosecution (LINCOLN JOURNAL STAR). POTPOURRI: The VIRGINIA Senate approves a bill that would allow Old Dominion drivers to store guns in a locked glove box or other interior compartment of a vehicle or boat even if they lack a concealed-weapons permit. It moves to the House (WASHINGTON TIMES). * An IDAHO Senate committee rejects a proposal to allow local municipalities to erect toll roads (IDAHO STATESMAN [BOISE]). * The PENNSYLVANIA Legislature approves a bill that would make all state and local government records public unless specifically exempted. It moves to Gov. Ed Rendell (D), who is expected to sign it into law (PHILADELPHIA INQUIRER). * The SOUTH DAKOTA House approves HB 1263, a measure that allows kids age 10 through 15 to hunt big or small game without a hunting license, as long as they are accompanied by a parent or approved guardian. It moves to the Senate (RAPID CITY JOURNAL). -- Compiled by RICH EHISEN ***************************************************************** ***** #8--IN THE HOPPER ***** At any given time, State Net tracks tens of thousands of bills in all 50 states, US Congress, and the District of Columbia. Here's a snapshot of what's in the legislative works: Number of prefiles last week: 431 Number of Intros last week: 6759 Number of bills enacted/adopted last week: 775 Number of prefiles to date: 13,451 Number of Intros to date: 44,135 Number of bills enacted/adopted overall to date: 1,780 -- Compiled By JAMES ROSS (measures current as of 02/14/2008) Source: State Net database ---------------------------------------------------------------- States in Regular Session: AK, AL, AZ, CA, CO, CT, DC, GA, HI, IA, ID, IL, IN, KS, KY, MA, MD, MI, MN, MO, MS, NE, NH, NJ, OH, OK, SC, SD, TN, US, UT, VA, VT, WA, WV, WI, WY States in Perfunctory Session: IL Special Sessions "a"-"s" States in Committee Hearings: FL States in Special Session: CA "c", LA "a", OR "a", PA "a", WI "c" States in Recess: ME, NH (House), NY, RI States in Budget Hearing Recess: DE, PA Special Sessions in Recess: CA "a", CA "b", PA "a" States Currently Prefiling or Drafting for 2008: FL States Adjourned in 2008: NM State Special Sessions Adjourned in 2008: CT "a" Letters indicate special/extraordinary sessions -- Compiled By JAMES ROSS (session information current as of 02/15/2008) Source: State Net database ***************************************************************** ***** #9--ONCE AROUND THE STATEHOUSE LIGHTLY ***** HE FEELS HILLARY'S PAIN: A scene, as observed by yours truly, from the recent WASHINGTON state Democratic caucus. After the precinct leader separated folks along candidate lines -- Hillary people that way, Obama supporters this way and the undecided in the middle -- a 40-something couple went off in opposite directions, with dad moving to the Hillary camp and mom and a pre-teen daughter siding with Obama. An initial vote was taken, with Obama holding a large edge. During the ensuing 30-minute debate, mom pleaded with dad to switch sides. Dad refused. Mom cajoled. Dad wouldn't budge. Frustrated, mom went for the big guns. Just prior to the final vote, the young 'un marched up to pops and, in phraseology that sounded eerily adult for someone so young, told him "you've made your bed, Mister, and now you're going to have to lie in it!" Sufficiently cowed, dad dutifully followed her to the Obama camp. Score one for the persuasive powers of daddy's little girl. INSULT TO INJURY: If there is anything worse for devastated New England Patriots fans than losing the Super Bowl and seeing their perfect season go up in flames, it is that they lost it to a team from NEW YORK. As any sports fan knows, New Yorkers love sticking it to Bostonians any chance they get, and as reported by the Bergen County Record, even Gov. Eliot Spitzer has got into the act. During the team's recent victory parade, Spitzer zinged Patriots head coach Bill Belichick for his ongoing troubles with the NFL and Congress over illicitly taping opponents before and during games, joking that while he had written in Giants coach Tom Coughlin for president, Belichick could never be the director of the CIA because "his covert operations aren't so good." Harsh, man, harsh. Beantowners can take solace, however, in the fact that their beloved Red Sox, the current Major League Baseball World Series champs, opened their spring training camp last week. THE GREAT PLATE DEBATE: Football rivalries down South are serious business. As reported by the Macon Telegraph, GEORGIA Senate President Pro Tem Eric Johnson and House Majority Whip Barry Fleming are incensed that their state issues vanity license plates to alums of the University of FLORIDA, a.k.a. the Peach State's most hated gridiron rival. But what really chaps their hide is that the Sunshine State doesn't reciprocate the favor for GEORGIA Bulldogs fans. Getting a U-of-F vanity plate in GEORGIA requires only that someone get a minimum of 1,000 people to pony up $25 each, and away we go. FLORIDA officials, however, require GEORGIA fans to pay $60,000, conduct a survey verifying interest in the plate, and then get lawmakers to sign off on it. The plates must also continue to sell to the tune of 1,000 a year to keep from being discontinued. Johnson and Fleming say they are introducing a bill to require FLORIDA to reciprocate or else. STRIP IT GOOD: FLORIDA Rep. Rick Kriseman, a Democrat, thinks the state should be doing more to help low-income nursing home residents get a few extra bucks each month. So, according to the St. Petersburg Times, Kriseman has joined with Sen. Ronda Storms, a Republican, in proposing a measure to extend state sales taxes to strip club admissions. All fine and good, except that FLORIDA already taxes strip club admission fees. Unbowed, the duo reworked the measure to tack on a $1 surcharge instead, with the extra buck going directly to pad the current $35 monthly stipend Sunshine State Medicaid recipients receive. That measure is also drawing its share of heat, mostly from the adult entertainment industry, which says such fees are unconstitutional. A similar new law in TEXAS is being challenged in court. Stay tuned. -- By RICH EHISEN ***************************************************************** ***** #10--IN CASE YOU MISSED IT ***** New laws in OKLAHOMA and ARIZONA appear to be achieving their goal of driving undocumented workers out of those states. But while the exodus has anti-immigration advocates celebrating, business interests say those measures are also creating a host of unintended consequences. The State Net Capitol Journal took an in-depth look at this controversial issue in our Feb. 11 issue. In case you missed it, the article can be found on our Web site at http://www.statenet.com/capitol_journal/02-11-2008/html ***************************************************************** State Net Publications """""""""""""""""""""" Editor: Rich Ehisen - capj@statenet.com Associate Editor: Korey Clark - capj@statenet.com Editorial Advisor: Lou Cannon Correspondents: Richard Cox (CA), Steve Karas (CA), Bruce McKeeman (CA), Jeff Kinnison (CA), Linda Mendenhall (IL), Lauren King (MA) and Ben Livingood (PA) Graphic Designer: Vanessa Perez ***************************************************************** To receive future issues in PDF or HTML format contact our Help Desk at 800/726-4566 or email helpdesk@statenet.com. To unsubscribe, go to http://statenet.com/unsubscribe *****************************************************************