State Net Capitol Journal -- News & Views from the 50 States
 
 Volume XIII, No. 8
February 28, 2005
The death decision

BUDGET & TAXES
States' long-term care plan catching on

POLITICS & LEADERSHIP
Special election stampede in CA

GOVERNORS
Murkowski to sell ANWR oil leases?
 

The week in session
Bird's eye view
Hot issues
In the Hopper
 

 

TOP STORY

The U.S. Supreme Court has agreed to hear a Bush administration challenge to an OREGON law allowing doctor-assisted suicide...and to offer a final word on whether states can legally decide the matter for themselves. 
 

SNCJ Spotlight

Oregon battles feds to keep right to die law

After years of political wrangling, the U. S. Supreme Court has agreed to hear the Bush administration's challenge to OREGON's assisted suicide law. The case, which could be decided as early as this fall, is expected to determine once and for all whether states can legally allow doctors to prescribe narcotics specifically to end a terminally ill patient's life.  

The high court's decision to intervene into the matter comes as HAWAII, CALIFORNIA, ARIZONA and VERMONT ponder bills that would emulate the Beaver State statute, known as the Death With Dignity Act (DDA). The law, the only one of its kind in the nation, allows patients with less than six months to live to seek the fatal prescription, with three caveats: at least two physicians have confirmed the diagnosis, and both have deemed the patient to be mentally competent and is acting voluntarily. The patient must also take the prescribed medications himself. 
    
The DDA has been under constant state and federal scrutiny almost from the day voters narrowly approved it in 1994 (See May 31, 2004 State Net Capitol Journal). A state court ruling kept it from going into effect until 1997, the same year voters overwhelmingly rejected a repeal referendum. Since then, at least 200 terminally ill Oregonians have used lethal doses of prescribed narcotics to take their own lives, according to the Oregon Solicitor General. 
    
That comes in spite of persistent opposition from conservative Republicans, most notably ILLINOIS Sen. Henry Hyde and former MISSOURI Governor and U.S. Attorney General John Ashcroft. Each man lobbied former Atty. Gen. Janet Reno to declare the DDA a violation of federal law, but Reno instead declared that federal drug laws do not bar states from allowing doctors to prescribe drugs for suicides. After Ashcroft took over Reno's job in 2001, he immediately issued a directive making assisted suicide a crime under the federal Controlled Substances Act, which is designed to combat illegal narcotic trafficking and control the dispersal of legal pharmaceutical drugs. A federal judge blocked Ashcroft's directive after it was challenged by Oregon Atty. Gen. Hardy Myers and a collection of right-to-die supporters and patients. The 9th Circuit Court of Appeals rejected Ashcroft's argument last May. 
    
That decision was not the 9th Circuit's first in regard to assisted suicide. The court ruled in 1997 that terminally ill patients had a constitutional right to have a doctor help them to end their own lives, a direct rejoinder to a WASHINGTON law that made such an action illegal. The U.S. Supreme Court disagreed and overturned that decision later that year. The high court did, however, say in rendering their verdict that the issue of physician-assisted suicide should ultimately rest with states, not with the federal government. 
    
As might be expected, the high court's decision to hear the case drew praise from those who wish to see the law abolished and frustration from its supporters.  
    
"The court has an opportunity to ensure that patients receive truly compassionate care and pain relief by limiting physicians' use of narcotics for healing -- not death," said Dr. Davis Stevens, executive director for the Christian Medical Association, which opposes any form of assisted suicide or euthanasia. 
    
Meanwhile, right-to-die officials expressed disappointment in the court's intervention, noting that Oregon voters have twice voted in favor of the statute, and that two lower courts have upheld its legality. Supporters did say, however, that they welcome the chance to put the matter to rest once and for all.
    
Eli D. Stutsman, an Oregon-based lawyer who helped to draft the original legislation, also welcomed a final decision, calling the Supreme Court's intervention "an opportunity for the Death With Dignity law to win at the highest level, to finally be validated on a national stage." 
    
Should the court uphold the Bush administration's challenge -- now known as Gonzales vs. Oregon, after new U.S. Attorney General Alberto Gonzales -- it would essentially nullify the Oregon statute, while an Oregon win would be a dramatic boost to those states considering similar legislation. More than 40 states currently have laws that explicitly outlaw assisted suicide. (SACRAMENTO BEE, LOS ANGELES TIMES, ASSOCIATED PRESS, CHRISTIAN SCIENCE MONITOR, NEW YORK TIMES)
    
-- By RICH EHISEN
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The Week in Session
States in Regular Session:   AK, AL, AR, AZ, CA, CO, DC, GA, HI, IA, ID, IL, IN, KS, KY, MA, MD, ME, MI, MN, MO, MS, MT, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, OR, SC, SD, TN, TX, UT, VA, VT, WA, WI, WV, WY 

States in Special Session:  CA "a" 

States in Recess:  DE, CT, PA (In Budget Hearings), RI, US 

Currently Prefiling:    FL (Drafts for 2005) 

States Projected to Adjourn:  VA, UT

States Adjourned in 2005: DC "z", IL "z", MA "z", NY "z" 

States in Special Session Adjourned in 2005:  DE "c", FL "a", MD "a", WI "a", WV "a"   

Letters indicate special/extraordinary sessions
Compiled By GINA HUMMELL | Data current  as of  2/25/05 | Source: State Net database

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Budget & taxes

NEW LONG-TERM CARE PLAN CATCHING ON: A trio of states have come up with an innovative way of providing long-term care for their poor elderly and disabled residents, and other states are starting to pick up on it. Under the program, called "cash and counseling," states give money directly to residents and allow them to hire their own home caregivers rather than selecting home-care workers for residents as they have traditionally done under their Medicaid programs. ARKANSAS, FLORIDA and NEW JERSEY initiated the program on a trial basis in the 1990s in an effort to encourage the use of home care as an alternative to nursing home care, which is one of the fasting rising costs associated with Medicaid. The program was so successful that 11 more states -- ALABAMA, IOWA, KENTUCKY, MICHIGAN, MINNESOTA, NEW MEXICO, PENNSYLVANIA, RHODE ISLAND, VERMONT, WASHINGTON and WEST VIRGINIA -- started cash-and-counseling programs last October. Those states were actually among twenty-one that competed for grants sponsored by the U.S. Department of Health and Human Services and the Robert Wood Johnson Foundation. ILLINOIS lost out on one of those grants, but did garner a $350,000 grant from a Chicago-based philanthropic group and will commence its own program this year. And last month, GEORGIA Gov. Sonny Perdue (R) endorsed a legislative proposal to launch a cash-and-counseling program in the Peach State. According to cash-and-counseling advocates, these programs not only reduce states' nursing-home and hospital care costs, they are often cheaper than traditional Medicaid-selected in-home services because participants tend to rely on friends and family members for their care. In Arkansas, which started the nation's first program in 1998, about 75 percent of the participants choose family members -- other than spouses, which are excluded -- as their caregivers, while the majority of the others hire friends, neighbors and other acquaintances. The program appears to be a win for participants as well. A study conducted by the state government research group Mathematica Policy Research in Princeton, NEW JERSEY found that participants of the Arkansas' program tended to be more satisfied with home care and enjoyed a better quality of life. (STATELINE.ORG) 

MI STARTS BUDGET FROM SCRATCH: Earlier this month, MICHIGAN's Democratic Gov. Jennifer Granholm (D) unveiled a budget proposal patterned on guidelines outlined in The Price of Government, a popular book on how to make government more fiscally efficient. Now the state's Republican-controlled Legislature is attempting to use those same guidelines to set its own budget priorities, basically rethinking the whole purpose of government in the process. Over the next few weeks, instead of simply slashing the current budget to erase a projected $773 million shortfall, lawmakers will ponder such fundamental questions as what services residents expect the state to provide, and how best to deliver them. Some observers are a little skeptical about the idea. "I don't know how the Legislature is going to handle a transformation of the budget process," said Craig Ruff of the Lansing-based think tank, Public Sector Consultants. "You're starting from scratch." But it could actually be pretty interesting to watch the state try to remake the wheel, and contend not only with the usual differences between the governor and Legislature, or even between the House and Senate, but among the 148 individual lawmakers who represent constituencies ranging from urban Detroit to the Upper Peninsula. "The contest of wills is not so much one of partisanship, but is based on different needs, where people live," said Ruff. (LANSING STATE JOURNAL) 

BUDGETS IN BRIEF: For the third year in a row, the MARYLAND Senate has passed a slot machine gambling bill. As of press time, the measure had not yet been voted on by the House, which has killed the slots proposals in each of the last two years (BALTIMORE SUN). * Last Thursday, a MICHIGAN Senate panel rejected Gov. Jennifer Granholm's (D) plan to deal with a $376 million shortfall in the current budget, hours after the plan had been approved by a committee in the House. Senate Republicans had opposed Granholm's proposals to cut higher education funding and close a prison in western Michigan (ASSOCIATED PRESS, LANSING STATE JOURNAL, DETROIT FREE PRESS). * CONNECTICUT Gov. M. Jodi Rell (R) called a summit last week to seek consistency in pay for the heads of public agencies. Rell had been shocked by the results of an audit that revealed the chief executives of several quasi-public agencies received widely inconsistent perks and salaries that in some cases exceeded those of her own commissioners and the governor herself (HARTFORD COURANT). * CALIFORNIA Gov. Arnold Schwarzenegger (R) has thrown his celebrity power behind a bill to grant tax breaks to the entertainment industry. The legislation is aimed at keeping film productions in the Golden State, but with in-state production having increased by 20 percent last year, some critics are questioning the efficacy of providing tax breaks to a healthy industry at a time when funding is being cut for schools and the elderly (SAN JOSE MERCURY NEWS). * IOWA Gov. Tom Vilsack (D) has floated a proposal to base property taxes on a flat percentage of a property's value. Under the plan, homes would be taxed at a flat rate of 1 percent (QUAD-CITY TIMES). * RHODE ISLAND is having only mixed success with its program to collect millions in unpaid taxes and court fees by catching scofflaws when they renew their driver's or professional license. The effort has been hampered by the fact that few of the state's databases contain Social Security numbers for license holders (PROVIDENCE JOURNAL). 
 

-- Compiled by KOREY CLARK
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Politics & leadership

SPECIAL ELECTION STAMPEDE IN CA: Gov. Arnold Schwarzenegger's (R) plan to hold a special election this year to "blow up the boxes" of CALIFORNIA government could lead to some of the most significant political changes in the state's history. At the very least, it may produce one of the most crowded election ballots ever. So far, eighty-one measures have been submitted to the Attorney General's Office for approval, despite the fact that the election hasn't actually been scheduled yet. Granted, many of the proposals won't appear on the ballot even when a date is set; a measure to bar illegal immigrants from obtaining drivers' licenses, for instance, was dropped two weeks ago, after supporters failed to gather enough signatures. But the number of ballot submissions in just the first few months of this year already equals the total for the whole year in 2003. The Attorney General's Office has had to assign 20 full-time deputies to handle the volume. Tim Hodson, director of the Center for California Studies at California State University Sacramento, said Schwarzenegger's decision to call a special election "could be the Pandora's box of 2005." The problem for the governor is that while he can decide when to hold the election, he cannot decide what goes on the ballot. And various Democratic interests, including organized labor and consumer groups, have made it very clear that they'll load up the ballot with initiatives of their own, some relating to proposals Schwarzenegger vetoed last year, such as a discount prescription drug program, an increase in the minimum wage and re-regulation of the energy industry. Consequently, the governor has repeatedly professed his desire to negotiate with the Legislature. "My preference is to work with the Legislature upstairs, and Democrats and Republicans, bring them all together and work all this out, because they were sent here to solve the problems in California," he said in a recent radio interview. But it is unlikely he'll generate much support among the Democrats who control both chambers for his "reform agenda," which includes imposing tighter control over state spending, replacing the current public employee retirement system with a 401(k)-style pension plan, changing the way teachers are paid from a tenure-based system to one that is merit-based and taking the job of legislative redistricting away from the Legislature. Schwarzenegger, himself, has set a deadline of March 1, after which he intends to start campaigning heavily for his initiatives. And he has already started a drive to raise $50 million to promote the measures. The way things are shaping up has prompted one veteran of California's ballot wars, Lewis Uhler, president of the conservative National Tax Limitation Committee, to comment, "I'm looking at this as Armageddon. It could turn out to be the most interesting and important political process reform year in the history of the state." (SAN DIEGO UNION-TRIBUNE) 

NATIONAL ELECTORAL CHANGES IN WORKS: Defeated presidential candidate U.S. Sen. John F. Kerry and fellow Democrat U.S. Sen. Hillary Rodham Clinton have introduced legislation that would significantly alter the nation's election process. Among other things, the bill would make election day a federal holiday and would allow voters to register and vote on the same day. Kerry said the legislation "is not partisan, or shouldn't be," but it's pretty clear that is not the case, judging by how different their proposal is from the election reform plan introduced by the Republicans. Where the Democrats' focus is on increasing voter turnout, the Republicans are more concerned with reducing voter fraud; one of the main provisions of the GOP bill would require voters to show ID before they could cast a ballot. With the Republicans in control of Congress, it isn't too difficult to figure out which measure has a better chance of passage, but observers say the competing plans demonstrate that voting irregularities are a major concern for both parties. (LOS ANGELES TIMES) 

POLITICS IN BRIEF: TENNESSEE lawmakers have filed a record number of bills this session. As of the Feb. 17 filing deadline, the Senate had submitted 2,337 bills, while the House was at 2,239 and counting. Most covered such weighty issues as TennCare, methamphetamine abuse, lottery scholarships, gay marriage and abortion, but a few more frivolous subjects also were covered, like whether bartenders should be allowed to drink on the job and whether college students should have a "bill of rights" to protect their political views. About 400 of the bills are expected to become law (TENNESSEAN [NASHVILLE]). * Fed up with hyper-partisanship in the OREGON Legislature, Sen. Charlie Ringo (D) has introduced a bill to make the body nonpartisan. While observers doubt the Legislature will agree to such a sweeping reform, they say voters could see ballot a measure on the issue next year (OREGONIAN [PORTLAND]). * The MONTANA House rejected a bill (HB 490) last week that would have instituted a closed primary, requiring residents to register to vote by party and cast only their own party's ballot. Currently, Montanans register without having to declare party and can choose any party's ballot (BILLINGS GAZETTE). * The ALASKA House has begun deliberating a bill that would forbid the state from spending money on a new Capitol building in Juneau without a statewide vote. Juneau, meanwhile unveiled competing, futuristic designs for that building, which it is hoping will cement its status as the state's capital city (ANCHORAGE DAILY NEWS). 
 

-- Compiled by KOREY CLARK 
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Governors

MURKOWSKI TO SELL ANWR OIL LEASES? ALASKA Gov. Frank Murkowski (R) told Congressional leaders that the Last Frontier State might start selling oil leases in state waters just north of the Arctic National Wildlife Refuge, even if Congress does not allow drilling within the refuge itself. Murkowski made his comments while testifying before a subcommittee of the U.S. House of Representatives Committee on Energy and Commerce, noting the state has "waited patiently" for Congress to open up the environmental area, and would not "stand by idly forever" waiting for lawmakers to make a decision. What he didn't say is that the state has already been offering the area up to oil companies for the last year, with little to no interest in return. Murkowski blames the slow going on the need for an expensive pipeline to funnel the crude from offshore drilling units to state-owned land near ANWR. That idea has traditionally drawn opposition from North Slope villagers, who hunt whales and fish in those waters. Murkowski told reporters he thinks the state could appease villagers by promising safeguards and by agreeing not to drill during the bowhead whale migration season. (FAIRBANKS DAILY NEWS-MINER)

BLUNT TOO BLUNT? MISSOURI Gov. Matt Blunt (R) didn't make any friends on the other side of the aisle last week when he claimed that finding Democratic supporters in the Show Me State required going "places where nobody wants to live anymore." The comment drew an immediate firestorm of condemnation from Show Me State Dems, who called on the freshman chief executive to apologize. Democratic Party Chairman Roger Wilson was particularly incensed, saying that the comment was a slap in the face to Democrats across the state. "You don't take an oath of office to represent only these areas and say, `I'm not going to represent these others.'" Blunt spokesperson Spence Jackson dismissed the criticism as "ridiculous," saying Dems were taking Blunt's comments out of context. Wilson acknowledged the line was most likely written by a speechwriter, but added that if so, that person should "be fired." (KANSAS CITY STAR)

SCHWARZENEGGER BACKS OFF: CALIFORNIA Gov. Arnold Schwarzenegger (R) last week conceded defeat in one of his first major efforts to reshape state government when he withdrew his proposal to abolish 88 independent boards and commissions, including ones that regulate doctors, accountants and other California professionals. Schwarzenegger's plan to eliminate the panels was one of two main reorganization plans to come out of the California Performance Review, which he convened last year to recommend improvements in the state's expansive bureaucracy. The governor backed off when lawmakers of both parties rushed to the defense of the panels, which provide advice on heart disease, high-speed railroads and racial profiling in addition to regulatory functions. The proposal also was drawing a very hostile reaction from the state's independent Little Hoover Commission, which under state law must evaluate any reorganization proposals. While their recommendations are not binding, a negative assessment would have virtually ensured that lawmakers would reject the plan. Schwarzenegger acknowledged that in a letter to the Commission, writing that he had "concluded that this proposal will benefit from further review." (LOS ANGELES TIMES)

GOVERNORS IN BRIEF: Speaking of "The Governator," a new Field Poll shows CALIFORNIA Gov. Arnold Schwarzenegger's (R) latest approval rating (55 percent) has slipped 10 percentage points since September (65 percent). That mark is actually lower than the 62 percent approval rating enjoyed by recalled Gov. Gray Davis (D) at an identical stage in his term (SACRAMENTO BEE). * VIRGINIA Gov. Mark Warner (D) and OHIO Gov. Bob Taft (R) called last week for states to enact significant high school curriculum reform as a way to better prepare students for college and the workforce. The two governors made their announcement as they were preparing to host the two-day National Education Summit in Washington D.C., which annually brings together almost all state governors and their education advisers to plan education policy in their states (STATELINE.ORG). * MASSACHUSETTS Gov. Mitt Romney (R) proposed a $600 million plan to boost job growth by streamlining development rules, cutting unemployment insurance taxes, increasing the state's marketing efforts, and targeting incentives at companies that expand in or relocate to the Bay State (BOSTON GLOBE).
 

-- Compiled by RICH EHISEN
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Bird's eye view

States pump up tax revenue

States implemented about $8 billion in net tax increases in fiscal year 2004, prompting general fund tax revenue growth of 7.5 percent. That figure marks the strongest tax revenue growth rate since 2000, according to the Nelson A. Rockefeller Institute of Government, which conducts public policy research for the State University of NEW YORK. The report notes that legislated tax hikes added 1.7 percent to that overall growth, which would have been 5.8 percent otherwise. Overall, 29 states saw revenue hikes of at least 7 percent, led by NEVADA's whopping 23.7 percent growth. Only two states, MICHIGAN and MISSISSIPPI, had tax revenue declines. The accompanying map shows the change in tax revenue by state, as adjusted for legislative changes, from fiscal year 2003 to fiscal year 2004. 


 
 

Hot issues

BUSINESS: A COLORADO Senate committee endorses SB 23, legislation that would bar the Centennial State from contracting with private sector companies that provide services with workers based in other countries. It migrates to the full Senate (DENVER POST). * The GEORGIA Senate unanimously approves SB 46, which would prohibit wireless phone companies from charging customers for refusing to have their number published in a national cell phone number directory. It moves to the House (ATLANTA JOURNAL CONSTITUTION). * Still in GEORGIA, the Peach State Senate votes 47-0 in favor of a bill prohibiting people from selling goods and services to passengers on public transportation. It also heads to the House (ATLANTA JOURNAL CONSTITUTION).

CRIME & PUNISHMENT: The NEW MEXICO House okay's HB 165, which would require convicted sex offenders to submit a DNA sample to local authorities when they register in a new locale. The bill would also impose a lifetime registration requirement for certain crimes. The bill now goes to the Senate (SANTA FE NEW MEXICAN). * The U.S. Supreme Court rules that CALIFORNIA must end its unwritten but long-standing policy of segregating new prisoners by race. The high court said segregation is an option only when the state can prove it has no race-neutral way to prevent interracial violence (WASHINGTON POST, LOS ANGELES TIMES). * The KANSAS Senate unanimously endorses a measure that would make it illegal for law enforcement officers to profile suspects based only on their race, ethnicity, nationality, gender or religious dress. It moves to the House (LAWRENCE JOURNAL-WORLD). * The NEW HAMPSHIRE House approves HB 46, which would allow first-time drunken drivers to get their convictions reduced from a felony to a misdemeanor if they follow recommended treatment and stay clean of alcohol-related offenses for one year. The measure swerves off to the Senate for review (NASHUA TELEGRAPH). * The ARKANSAS Senate approves a bill that would require cold medicines containing pseudoephedrine-based products to be sold only in pharmacies, and only from behind the counter. Pseudoephedrine is a prime ingredient in most cold tablets, but is also a key component in making illegal methamphetamine, also known as crank or speed. It moves to Gov. Mike Huckabee (R), who is expected to sign it into law (LOG CABIN DEMOCRAT). 

EDUCATION: The MONTANA House flunks HB 456, which would have allowed the creation of charter schools that would not have had to adhere to most state school regulations, including accreditation standards, negotiated labor agreements, the federal No Child Left Behind Act and teacher licensure (BILLINGS GAZETTE). * Federal education officials reverse field and announce that UTAH standards for teacher quality do comply with the federal No Child Left Behind law. The action reverses findings issued earlier this year. Federal officials grant similar flexibility to NORTH DAKOTA, whose elementary teacher quality standards also were originally deemed insufficient (SALT LAKE TRIBUNE). 

ENVIRONMENT: The VIRGINIA House endorses legislation that would direct the state's liaison office to work with the Old Dominion State's congressional delegation to get a federal moratorium on natural-gas exploration and production lifted. The bill now heads to Gov. Mark Warner (D) for review (RICHMOND TIMES DISPATCH). * A NEW MEXICO House committee endorses HB 47, legislation that would take away all state Game and Fish Dept. oversight of mountain lions. The measure will also allow ranchers and hunters wide latitude to shoot the big cats on sight. The measure now pounces on the full House (SANTE FE NEW MEXICAN). 

HEALTH & SCIENCE: The ARIZONA Senate approves SB 1035, which would allow doctors being sued in malpractice cases to apologize to their patients without having it used against them in court. SB 1035, dubbed the "I'm Sorry" measure, goes to the House (ARIZONA REPUBLIC). * The NEW MEXICO House gives its nod to a bill that would allow Land of Enchantment optometrists to perform some eye surgery procedures previously conducted only by ophthalmologists. OKLAHOMA is the only other state to allow optometrists to perform surgery. Optometrists are not medical doctors; ophthalmologists are medical doctors that specialize in diseases of the eye (SANTA FE NEW MEXICAN). 

SOCIAL POLICY: An ALABAMA House committee endorses a measure that would constitutionally bar illegal immigrants from receiving services from state, city and county governments. It must now go before the full House (BIRMINGHAM NEWS). * The INDIANA Senate easily passes Senate Joint Resolution 7, a proposal to amend the Hoosier State constitution to ban same-sex marriage. It moves to the House, where it is also expected to pass (INDIANAPOLIS STAR). * A CONNECTICUT House committee signs off on a measure that would make the Constitution State only the second in the nation to adopt civil unions for same-sex couples. VERMONT was the first state to adopt civil unions, which afford same-sex couples nearly all of the same rights and responsibilities as marriage. CALIFORNIA's domestic partnership statute also affords most of the same rights as marriage. It now moves to the House floor (HARTFORD COURANT). 

POTPOURRI: The OREGON House okay's HB 2223, which would wipe out a Beaver State law that bars panhandlers from soliciting for cash along roadways. A state court deemed the law to be unconstitutional nine years ago, but police have continued to cite people who ask motorists and pedestrians for money, food or a job. This has led to several civil suits being brought against police and local governments, often resulting in significant payouts to plaintiffs. The measure now shuffles off to the Senate (CORVALLIS GAZETTE-TIMES). * The UTAH House logs on to HB 260, a measure that would establish a rating system for Web sites and a registry for those containing adult content. It moves to the full House (SALT LAKE TRIBUNE). * The KANSAS House endorses HB 2284, which makes it legal for mothers to breast feed their babies in public...provided they are "discreet." It moves to the Senate (LAWRENCE JOURNAL-WORLD). * The NEW HAMPSHIRE House gives the green light to HB 286, a measure that would bar pocket bikes and motorized scooters, two and three-wheeled machines popular with kids, from Granite State roadways. It races off to the Senate (NASHUA TELEGRAPH). 
 

-- Compiled by RICH EHISEN
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Upcoming Elections (2/21/05 - 03/07/05)
02/26/2005  Louisiana  (Spec General)
     House  Dist 096 (Orleans)

03/05/2005  Louisiana  (Special Primary)
     House  District 029, 036, 066



Once around the statehouse lightly

LET 'EM LOOK AT THE WALL. No use gussying up a place that's supposed to be drab, especially when the public trough is running low. So, a slice of the prison budget in WASHINGTON is about to have a meet-and-greet with the axe if the efforts of one lawmaker come to pass. Currently, reports The Seattle Times, the cost of constructing a public building must include one half of one percent for public art. This includes prisons and jails. But these are tough budget times, grumps Democratic state Sen. Mike Sells of Everett. His bill would exempt correctional facilities from the requirement. Maybe some of the graffiti artists in stir could paint a mural.

CHILDREN'S BOOK DEPARTMENT. First, it was Maria Shriver in CALIFORNIA. Now, NEW YORK First Lady Libby Pataki has written a children's book called "Madison in New York." But as the Albany Times Union notes, Pataki stepped in it by trying to license the name "New Yorkie" -- which is the name of the fictional dog in her story. Apparently, that attempt to cash in has miffed a real dog, "Schmitty the real New Yorkie" who has been bouncing around ad-ville for some time, posing for greeting cards. Schmitty's owner even filed for a trademark back in 2003, and the owner reports that Schmitty was "very sad" at the news that his name --and potential earning power -- were being usurped by a mutt who doesn't even exist. Schmitty won the court battle when Pataki agreed not to license "New Yorkie" or include the pup in any future books. Maybe she could write another book about a cat named Hillary? Oh, wait.

A HERO IN ONE PERSON'S EYE - is not necessarily a hero to everyone. Not if the hero in question is VIRGINIA Sen. Pres. pro Tem. John Chichester. Last year, the 67-year-old Republican, who has served in the Legislature since 1977, teamed with Democratic Gov. Mark Warner to overhaul the state's tax system -- which boosted taxes for Commonwealth citizens by some $1.2 billion. That effort landed both Chichester and Warner on the cover of Governing magazine as two of the top public officials in the country, reports Stateline.org. It also landed Chichester in deep hot water with his fellow Republicans, especially those who tilt heavily to the right. Hero? Hardly. To them, Chichester is a first-class traitor.

TO THE BATTLEMENTS. As Jihads go, this one is kind of puny, but lawmakers who represent Jefferson County nonetheless declared "holy war" last week on their colleagues in the ALABAMA Legislature. The spark that launched a thousand lips? A House refusal to buy a domed stadium for the county's biggest city, Birmingham. As the Birmingham News reports, Jefferson County legislators brought the House to a standstill with a filibuster, delaying passage of a bill to provide $80 million for improvements in and around the capital of Montgomery. Jefferson folk were asking for $150 million for their community bauble.

STUPID PET TRICK. This week's entry comes from CALIFORNIA where five Democratic lawmakers flew off to HAWAII for the Pro Bowl football game, with the tab paid for by a mortgage company accused of fraudulent sales tactics. Assm. Spkr. Fabian Nunez of Los Angeles was among those who took the freebie, as was the chair of the Assembly Rules Committee -- Cindy Montanez. According to the Los Angeles Times, the trip was billed as a fundraiser because several business groups also represented in Oahu pledged money to help finance Democratic Assembly campaigns in 2006. Just a creative way to raise a little money, says Democratic Party Chmn. Art Torres. Yes, and build public trust in the institution at the same time. A two-fer. 
 

-- 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 2005 prefiles last week: 515    

Number of 2005 Intros last week:  9,871  

Number of bills enacted/adopted last week: 844 

Number of 2005 prefiles to date:  25,942 

Number of 2005 Intros to date:  92,002  

Number of enacted/adopted overall in 2005: 3,317
 

Compiled By GINA HUMMELL | Data current  as of 2/24/05 | Source: State Net database

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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), Kelli Harvell Walter (FL), Linda Mendenhall (IL),
Lauren King (MA) and Ben Livingood (PA)
Design: Richard Hansen, Heather Conway

Copyright 2005 State Net
ISSN: 1521-8449

A Publication of State Net ®, A LexisNexis Company