POLITICS & LEADERSHIP
High Court hears heft cases

GOVERNORS
Govs sound off at Bush
 

The week in session
Hot issues
Bird's eye view
Upcoming elections
In the hopper
In case you missed it
Once around
 

States in recent years have tried a number of ways to slow illegal immigration. Now, almost a dozen are considering economic penalties against employers who hire undocumented workers, while others want to limit their education opportunities. 
 
 
 

Frustration spurs tougher state stance on immigration

The media attention garnered by the rise of the "Minuteman Project" citizen militias and last summer's declarations of states of emergency in ARIZONA and NEW MEXICO helped generate a wave of new state laws targeting illegal immigration last year. Congress' failure to adequately address the issue thus far in its current session -- or in the two decades since the last overhaul of U.S. immigration policy, for that matter -- has only spurred state lawmakers to step up their efforts this year.

The immigration-related themes featured in 2005 appear to be getting plenty of play in statehouses again this year. INDIANA, for instance, is seeking to prohibit illegal immigrants from accessing state social programs. COLORADO may grant local law enforcement the power to arrest undocumented residents. And a VIRGINIA lawmaker wants to make his state the third in the nation to create a special driver's license for non-citizens.

But state lawmakers are also trying some new approaches. In Arizona, which has been at the forefront of the immigration issue since voters there barred undocumented immigrants from voting and receiving state social services in 2004 (with Proposition 200), Gov. Janet Napolitano (D) is backing legislation that would fine businesses that employ illegal immigrants. And the Grand Canyon State is not the only one targeting employers of undocumented workers; according to State Net's database, 10 other states (See Bird's eye view for listing) have taken up similar proposals this session.

Immigration policy experts say that in the past, efforts to impose employer sanctions have been opposed by both pro-business Republicans and minority-friendly Democrats. The fact that such measures are now finding favor among more mainstream politicians like Napolitano, they say, marks a significant shift in how states are dealing with the issue (although others have claimed the Arizona governor's tougher stance on illegal immigration is an election-year gambit).

Mark Krikorian, executive director of the Washington, D.C.-based Center for Immigration Studies, a think tank that supports tighter immigration controls, likes the idea of employer sanctions. "This should have been the point the whole time. Illegal immigrants aren't coming for food stamps. They're coming for low wages," he said.

States, however, actually have little leeway when it comes to punishing employers of illegal immigrants, since federal law already explicitly prohibits the hiring of undocumented workers. In fact, no state has passed an employer-sanction law since federal immigration rules were changed in 1986, according to Marielena Hincapie of the National Immigration Law Center, a nonprofit organization that advocates for low-income immigrants. But Hincapie says, "The push for employer sanctions is part of a larger frustration at the local level" over the federal government's continued inaction on illegal immigration. She says that what states do have the authority to do is increase the penalties for violating labor laws.

The same frustration that is leading many states to exercise that power is also impelling several to reconsider their position on another controversial immigration issue: college tuition assistance. CALIFORNIA passed a law in 2004 allowing the children of illegal immigrants to attend public colleges at in-state tuition rates as long as those children graduated from a California high school. Eight other states -- ILLINOIS, KANSAS, New Mexico, NEW YORK, OKLAHOMA, TEXAS, UTAH and WASHINGTON -- followed suit.

DiAnna Schimek (D), who chairs the Senate education committee in NEBRASKA, another state that has considered in-state tuition for illegal immigrants, recently expressed the sort of thinking that led to those measures. "These children didn't bring themselves" to this country, she says. "It's only a good investment on our part to make certain they are productive citizens."

But lawmakers in Kansas, New Mexico and Utah are now trying to repeal their tuition-benefit laws. And legal challenges to tuition assistance for illegal immigrants have been initiated in California and Kansas.

University of Missouri law professor Kris Kobach, who brought the Kansas suit, contends that the Sunflower State's tuition-assistance program violates a federal law prohibiting states from providing benefits to illegal aliens that aren't available to U.S. citizens as well. Kansas Rep. Becky Hutchins (R), one of the leaders of the state's legislative repeal effort, shares that view. "There's something wrong with giving a benefit to an illegal that we don't give to citizens of other states," she said.

There are other reasons for the changing fortune of immigrant tuition assistance. One is that even if illegal immigrants receive the benefit and manage to defy the odds stacked against graduating, there is almost no way for them to legally get a job or become a legalized citizen under current law. Federal legislation to remedy that situation -- a measure called the Dream Act -- was cosponsored by nearly half of the U.S. Senate in 2003, but its prospects have since faded.

The main cause for the shift, however, may just be voter backlash against illegal immigration in general. That notion certainly appears to be on the mind of Utah Rep. Glenn Donnelson (R), who said that the 400,000 illegal immigrants now flooding into his state every year is "an alarm to the people here...it's a drain on the economy." Likewise, New Mexico Sen. Rod Adair (R), who initiated an unsuccessful effort to repeal his state's tuition benefit, said he'd merely acted "in response to my constituents. They're frustrated."

And protesting tuition-assistance programs is one of the only outlets voters have to vent their frustration. Federal law guarantees illegal immigrants access to emergency medical services and a 1982 Supreme Court ruling assures them access to public education through high school.

Congressional lawmakers are working on an overhaul of federal immigration policy, but pro-business Republicans and Democrats who want new laws that will allow illegal immigrants to eventually become citizens are at odds with social  conservatives and national-security hawks who prefer changes that will discourage illegal immigration. That rift stymied efforts to overhaul immigration policy in the U.S. House last year, and is doing the same thing in the Senate this year. Which means state lawmakers may continue to be frustrated about federal inaction on the issue for a while to come. (STATELINE.ORG, WALL STREET JOURNAL,  STATENET.COM)
 

 --  Compiled by KOREY CLARK

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Bird's eye view

States target employers in battle over illegals

States have in recent years become the national battleground over illegal immigration (See SNCJ Spotlight in this issue). State lawmakers across the country are considering a number of approaches to this controversial issue, including ARIZONA's 2004 voter-approved measure barring undocumented immigrants from voting or receiving government services. And although federal law already bars hiring undocumented workers, 11 states are now considering their own sanctions against employers that violate the law, including stiff fines for those companies that knowingly hiring illegals. The accompanying map shows the states that are currently mulling those sanctions. 
 

-- Compiled by RICH EHISEN

 
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Budget & taxes

TABOR DEAD IN KANSAS? House Speaker Doug Mays (R) said last week that the state's Taxpayer's Bill of Rights amendment, which he co-sponsored, is basically dead for the 2006 session. Mays said that he isn't "picking up much appetite among House members, Republican or Democrat" for the measure. Observers say advocates for higher education, social services and the business community have been working against the proposal, possibly as a result of COLORADO voters' decision to suspend their TABOR amendment last November. (LAWRENCE JOURNAL-WORLD)

BUDGETS IN BRIEF: The U.S. Supreme Court heard arguments last week in a case concerning the constitutionality of tax breaks that OHIO used in 1998 to convince DaimlerChrysler to expand an assembly plant in the Buckeye State. If the justices choose to uphold a lower court ruling, states across the country could face similar challenges (STATE [COLUMBIA]). * The nonprofit, nonpartisan Tax Foundation released its third edition of the State Business Tax Climate Index, which ranks the 50 sates on the basis of how "business friendly" their tax codes are. WYOMING, SOUTH DAKOTA, ALASKA, FLORIDA and NEVADA top the rankings, while VERMONT, OHIO, RHODE ISLAND, NEW JERSEY and NEW YORK sit at the bottom of the list (TAXFOUNDATION.ORG). * The ILLINOIS Department of Transportation said last week that it wants to spend $10.4 billion over five years to repair and expand the state's highway system. That plan is separate from the $2.3 billion Gov. Rod Blagojevich (D) has already proposed for highway construction projects (CHICAGO BUSINESS). * MICHIGAN has caught nearly 9,000 people in its crackdown on smokers who buy their cigarettes on the Internet to get around the state's $2-per-pack tax. Collectively, the state has billed the tax dodgers $5.9 million. And with only four of the 13 Internet sellers the state subpoenaed last year having turned over their customer lists so far, the number of dodgers -- and dollars -- is likely to rise considerably (DETROIT FREE PRESS). * SOUTH DAKOTA's ethanol industry pumped more than $1 billion into the state's economy in 2004, according to a study conducted by Stuefen Research of Vermillion. In addition to generating $675.5 million in sales, the industry also provided close to 4,000 jobs (RAPID CITY JOURNAL).
 

 --  Compiled by KOREY CLARK

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Politics & leadership

HIGH COURT HEARS HEFTY CASES: Last week was a big one for the U.S. Supreme Court, which took up a pair of cases that could significantly alter the way politics is conducted in America.

On Tuesday, the court heard arguments in the case of Randall v. Sorrell, concerning the constitutionality of a 1997 VERMONT law (Act 64) that imposed strict limits on campaign spending. The high court struck down such limits as a violation of free speech 30 years ago in the landmark case of Buckley v. Valero, but evidently the justices feel it's time for another look.

And they're not alone. "The time has come for the court to take a second look," says Brenda Right of the National Voting Rights Institute. "What we had in Vermont that prompted this law was that there was a moment when the legislature and the citizenry felt that they were on the brink of slipping into the kind of special interest money-dominated politics that they saw at the national level and they did not want to see this happening to their state."

Ironically, the same case that has been cited as precedent in lower court rulings rejecting the Vermont law offers some hope for that law's supporters. While the justices in Buckley v. Valero ruled that the government could not restrict how much political candidates can spend, they decreed that it could impose reasonable limits on how much money can be contributed to political candidates as a means of deterring corruption.

Consequently, Vermont Attorney General William Sorrell planned to argue that although special-interest influence might not be as much of a problem in his state as it is in some others or Congress, the First Amendment shouldn't prevent the state from trying to do something about it. "We've got perhaps a Vermont-scale problem," he said prior to making his appearance before the high court, "but we contend we have the right and need to address it."

However, Jim Bopp Jr., an INDIANA attorney who is representing the Vermont State Republican Committee in opposing the campaign spending law, dismisses the notion that corruption is a significant problem in the Green Mountain State. "They're attempting to demonstrate Vermont has the most corrupt system. This is an absurd proposition," he said, following up with a swipe at the Garden State: "This sounds more like New Jersey."

Cheryl Hanna, a professor of constitutional law at Vermont Law School, thinks Bopp's side is more likely to prevail. "If the Supreme Court upholds Vermont's expenditure provisions, it will indeed be a landmark case," she said. But she added, "I have a hard time seeing the court move in that direction."

The day after listening to arguments for and against Vermont's campaign spending law, the justices took up a series of challenges to TEXAS' controversial 2003 congressional redistricting from Democratic members of Congress and minority voters. The plaintiffs claim that the map was based on out-of-date population data which underrepresented Latinos, that it discriminated against minority voters by alternately splitting them among districts and packing them together and that it was undertaken solely for political gain.

That last contention has drawn most of the attention from the media, in large part because the mid-decade redistricting helped to secure Republican control of the U.S. House of Representatives in 2004 and, consequently, tends to inflame partisan passions. J. Gerald Hebert, who has unsuccessfully challenged the map in lower courts, called it "one of the most notorious power grabs in the history of our country, with the single-minded purpose of gaining partisan (Republican) advantage."

In a 2004 case in PENNSYLVANIA, however, the high court was unable to agree on a standard for determining when a redistricting plan is too partisan, although one justice, Anthony Kennedy, did not rule out the possibility of doing so in the future. How the changeover of two justices might affect the court's position on the issue is unclear. But Guy-Uriel E. Charles, a redistricting expert and visiting professor at Columbia University, thinks the court is more likely to strike down the Texas map than simply confirm its Pennsylvania decision. "Otherwise, why take the case?" he said.

Charles believes the case involves several issues, such as mid-decade redistricting, overt partisanship, and racial discrimination, that could allow the court to strike down the Texas map without setting standards for future cases. "The Texas case might present an opportunity to the court to say, `We're serious about policing the extremes of partisanship,' without the court having to come up with one standard that applies to all other cases."

On the other hand, the court's decision -- expected in June -- could be far-reaching, increasing the frequency of partisan battles over redistricting in the states or shaking up the political composition of the U.S. House.

Weighty political issues weren't the only thing on the Supreme Court's docket last week, however. Between the Vermont campaign finance and Texas remap cases, the justices squeezed in some time to ponder Playboy playmate Anna Nicole Smith's fight for a share of her late husband's more than $1 billion estate. (CHRISTIAN SCIENCE MONITOR, BURLINGTON FREE PRESS, AUSTIN AMERICAN-STATESMAN, HOUSTON CHRONICLE, RUTLAND HERALD)

CORRECTION: In the Feb 20 issue of the State Net Capitol Journal, we mistakenly identified Rep. Perry Clark (D) as the winner of a special election for the 37th District Senate seat in Jefferson County, VIRGINIA. The Mr. Clark and Jefferson County we were referencing actually both reside in KENTUCKY, not Virginia. We regret the error.

POLITICS IN BRIEF: Early voting came to ILLINOIS last Monday, with numerous polling places opening for the Prairie State's March 21 primary. Illinois joins more than 30 states that already offer early voting in the hope of increasing voter turnout (CHICAGO SUN-TIMES, CHICAGO TRIBUNE). * More than 100 churches in MARYLAND have donated money to political candidates since 2000 in violation of federal tax law, according to a review of candidate finance reports by the Baltimore Sun. Churches that the IRS determines have made political contributions could face a 10 percent excise tax on the donations or revocation of their tax-exempt status (BALTIMORE SUN). * The state of NEW YORK has entered into negotiations with the federal government in an effort to avoid a lawsuit for failing to modernize its voting system in compliance with the Help America Vote Act. The approach currently being discussed would leave the current system in place for the election this fall -- when Empire State voters will, among other things, choose a U.S. senator, a governor and all 212 members of the state legislature -- but improve access to the polls for disabled voters (NEW YORK TIMES).
 

-- Compiled by KOREY CLARK

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GOVS SOUND OFF AT BUSH: Governors from across the nation got a chance to voice their concerns directly to President George W. Bush during the annual National Governors Association (NGA) meeting in Washington D.C. last week. Although ongoing immigration concerns and rising health care and prescription medication costs were, as always, focal points in that discussion, the dominant issue for many governors was an impending Pentagon-led reconfiguration of the National Guard. 

The Guard has a dual federal-state role, with governors normally commanding its usage in their states, while members deployed overseas on a federal mission are under the control of the president. Military officials generally revamp the Guard every four years, with the latest proposal recommending a reduction in the number of National Guard combat-trained brigades from 34 to 28, with the balance being reassigned to support duties. 

But many governors feel the Bush administration has already significantly weakened the Guard by stripping it of equipment and personnel needed to respond to hurricanes, floods, tornadoes, forest fires, terrorist attacks and other state emergencies. John Goheen, spokesman for the National Guard Association, a nonpartisan advocacy group for guardsmen, said governors are concerned over how further reductions might affect states' ability to respond to Katrina-like disasters. "They know they would lose a lot of capability if they go from a 3,500-member combat brigade to a 200-member support brigade," Goheen said. 

LOUISIANA Gov. Kathleen Blanco (D) expressed perhaps the gravest reservations about the reconfiguration. "We should be increasing the number of National Guard combat brigades, not reducing it," Blanco said prior to the meetings with Bush and other administration officials.  

Governors also complained that millions of dollars in National Guard equipment -- from trucks to satellite phones -- has been left behind by troops when they returned home from duty in Iraq and Afghanistan, leaving states perilously short on needed equipment in the case of a catastrophic event. 

But Governors Haley Barbour (R) of MISSISSIPPI and John Hoeven (R) of NORTH DAKOTA sounded more optimistic after meeting with Bush, Secretary of Defense Donald Rumsfeld and Gen. Peter Pace, chairman of the Joint Chiefs of Staff. After those meetings, Barbour and Hoeven seemed satisfied that the administration will both reimburse states for the lost equipment and provide adequate funding to maintain total Guard membership at 350,000 for the foreseeable future. 

ARKANSAS Gov. Mike Huckabee (R), the current NGA chairman, said Rumsfeld acknowledged that the administration should have done a better job of consulting with governors before issuing the budget and restructuring plans. "The main thing that's different as of today is that they realize that we have to be a partner in the discussion, that we could help them sell a program or we could be a force to reckon with to keep it from ever happening."

The 18-member Western Governors Association (WGA) also used the NGA meeting to issue a resolution calling on Congress to pass comprehensive immigration reform. The resolution called for, among other things, an expanded guest worker program, stricter enforcement of laws barring employers from hiring undocumented workers (see SNCJ Spotlight in this issue) and building regional federal prisons to house illegal immigrants who commit crimes. States currently pay much of the cost of jailing criminal aliens. Congress is scheduled to begin review this week of similar legislation introduced by PENNSYLVANIA Sen. Arlen Specter (R). 

CALIFORNIA Gov. Arnold Schwarzenegger (R) was one of many western governors to voice support for changing the current system. "Ideally we have a perfect situation where you have people that want to work and you have companies that need workers, so you have supply and demand, but how do you make that work is really the big challenge," Schwarzenegger said.

"When you think about issues that impact the West, this immigration issue is really the top issue right now," said ARIZONA Gov. Janet Napolitano, (D), who chairs the WGA. "We believe that some of the rhetoric coming out of our nation's capitol vis a vis illegal immigration is unfounded and unwise, and what we really need is a very comprehensive approach to this issue," she said. (NEW YORK TIMES, SAN DIEGO UNION TRIBUNE, WASHINGTON POST, STATELINE.ORG) 

MANCHIN SLOWS MINE RESCUE GEAR TIMETABLE: WEST VIRGINIA Gov. Joe Manchin (D) said last week he will give coal operators more time to install new mine rescue gear, instead appointing a six-person task force to review the "commercial availability and functional and operational capability" of the equipment. The governor originally ordered coal operators to have the equipment in place by this week. 

A Manchin spokesperson said that the new task force was aimed at addressing coal industry concerns that the necessary communications and tracking devices may not work at all locations in all underground mines. Some coal operators had complained that Manchin's original timetable was too aggressive and did not allow them enough time to adequately evaluate the available technology. 

In addition to delaying the deadline and creating the task force, Manchin also ordered that state mines be equipped with rescue chambers to provide miners with more emergency oxygen, with each rescue chamber to include a 24-hour air supply, compared to the 16 hours of breathing devices Manchin had earlier required in a cache at the working face of each state mine. The new rules are a direct response to the deaths of 16 Mountain State miners in multiple accidents over a three-week period in January and February. (CHARLESTON GAZETTE)

FLETCHER GOES HOME, PATAKI STAYS PUT: KENTUCKY Gov. Ernie Fletcher (R) was released from the hospital last week after undergoing surgery to remove his badly-diseased gall bladder. Fletcher was initially admitted on Feb. 12 after suffering from severe abdominal pain. He was diagnosed with a gallstone in his bile duct, but during the treatment was found to also have gall bladder disease. It only got worse from there, as he also contracted pancreatitis and a potentially life-threatening bloodstream infection during his two-week stay. Fletcher's condition improved enough last week to allow him to go home, although he is still weak and is required to take intravenous antibiotics. First Lady Glenna Fletcher, a registered nurse, will administer the IVs. 

NEW YORK Gov. George Pataki (R), however, had to stay hospitalized after also contracting an infection during his surgery for a ruptured appendix on Feb. 16. Pataki also underwent another surgery for an intestinal blockage. The governor's doctors said normal recovery time for a burst appendix is from one to three weeks, but refused to speculate as to when he will actually be able to leave the hospital. Both Fletcher and Pataki have spent their down time conducting state business from their hospital rooms, with Pataki Chief of Staff John Cahill saying he was forced to take the governor's Blackberry away from him so he would rest. (TIMES-UNION [ALBANY], LEXINGTON HERALD-LEADER)

GOVERNORS IN BRIEF: Delegates at the CALIFORNIA Republican Party convention in San Jose last week rejected a proposed resolution to pull the state GOP's endorsement of Gov. Arnold Schwarzenegger (R) in the upcoming gubernatorial election. Some conservative activists are unhappy that Schwarzenegger hired a Democrat as his chief of staff, supports Democrat-led efforts to raise the minimum wage, and wants the state to borrow $68 billion as part of a $222 billion plan to improve the state's levees, schools and roads (SAN JOSE MERCURY NEWS). * Citing the need to help police along the Mexican-American border battle smuggling, drug cartels and kidnapping plots, TEXAS Gov. Rick Perry (R) called for law enforcement to have greater wiretapping authority within the state. Perry said he wants to expand that authority, which is currently limited to murder and drug trafficking investigations, to also include kidnapping, aggravated assault and extortion (DALLAS MORNING NEWS). * A MAINE lawmaker has scaled back his efforts to increase the governor's salary. State Sen. Gary Moore (R) originally proposed hiking the pay scale from its current $70,000 -- the lowest in the nation -- to $220,000 annually. That eventually was trimmed to $150,000, then to its current proposed $102,000. If passed, it would not take effect until 2011. Current Gov. John Baldacci (D) has promised to veto the measure if it makes it to his desk. At least 300 people in Pine Tree State government earn more than Baldacci, who brings in about $27,000 less than the typical city or town manager of a community with more than 20,000 residents (PORTLAND PRESS-HERALD).  
 

-- 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:  - Raising the minimum wage - Health care workers: The right to say no? - Public pensions  - Abortion

BUSINESS: A NEW YORK appeals court rules that illegal immigrants can sue for lost wages if they are injured on the job. The decision upholds a state Supreme Court ruling that said federal immigration laws do not bar such lawsuits (POST-STANDARD [ALBANY]). * The FLORIDA House shoots down legislation that would have forced Sunshine State employers to allow workers to keep firearms in their vehicle while at work (ST. PETERSBURG TIMES). * The Hoosier State House rejects a measure that would have made INDIANA a right-to-work state. Right-to-work laws prohibit employees from being required to join a union (FORT WAYNE JOURNAL GAZETTE). * Still in INDIANA, the Senate approves HB 1010, which would bar local governments from taking private property under eminent domain if the seizure is solely for the purpose of increasing that tax base through economic development. The measure moves to Gov. Mitch Daniels (R), who is expected to sign it (FORT WAYNE JOURNAL GAZETTE). 

CRIME & PUNISHMENT: The KENTUCKY House endorses HB 236, which would allow Bluegrass State residents to use deadly force against someone breaking into their home or vehicle. The measure would also protect homeowners from prosecution and lawsuits related to shooting. It fires off to the Senate (LEXINGTON HERALD-LEADER). * WISCONSIN Gov. Jim Doyle (D) signs SB 525, which requires protesters at funerals to stay at least 500 feet away from a funeral one hour before or after the service. First-time violators face up to $10,000 in fines and nine months in jail. A second offense could bring up to a 3-year jail term (JANESVILLE GAZETTE). * Funeral protests are also on the agenda in INDIANA, where Gov. Mitch Daniels (R) says he will sign SB 5, legislation that would make it a felony to commit disorderly conduct within 500 feet of a funeral (FORT WAYNE JOURNAL GAZETTE). * The GEORGIA Senate unanimously approves SB 522, which would mandate that children under the age of 13 who commit murder stay incarcerated until they turn 21. The bill moves to the House (ATLANTA JOURNAL-CONSTITUTION). 

EDUCATION: The KANSAS Senate approves legislation that requires Sunflower State school districts to provide sex education classes emphasizing abstinence and teaching about sexually-transmitted diseases. The measure moves to the House (LAWRENCE JOURNAL-WORLD). * The UTAH House rejects a measure that would have required teachers to issue a disclaimer to their students saying that not all scientists agree about evolution and the origin of species (NEW YORK TIMES). * The VIRGINIA House okay's HB 1308, which would allow Old Dominion State school boards to ban any school club "that encourages or promotes sexual activity by unmarried minor students." It now meets up in the Senate (VIRGINIAN-PILOT [NORFOLK]). * GEORGIA also addresses high school clubs as the Senate passes SB 413, which mandates that parents give their approval before their children are allowed to join an extra curricular club. It moves to the House (ATLANTA JOURNAL- CONSTITUTION). * A MICHIGAN House committee endorses legislation that would require Wolverine State students to take an online course to graduate. It moves to the full House (DETROIT NEWS). 

ENVIRONMENT: The OREGON Supreme Court upholds a Beaver State law that says local governments must allow land owners to exercise development rights that existed before the state's land-use restrictions were implemented or compensate the owners for the lost value caused by those limits. Environmental groups have vowed to pursue a ballot measure seeking to overturn the law. At least three other states -- WASHINGTON, OREGON and OKLAHOMA -- are considering similar statutes (LOS ANGELES TIMES). * The MICHIGAN Senate and House each approve a measure that would ban the importation of foreign trash. The bill moves to Gov. Jennifer Granholm (D), who is expected to sign it. The federal government must also approve it because of a 1992 U.S. Supreme Court decision that says states cannot prohibit trash from crossing their borders without approval from Congress (DETROIT NEWS). 

HEALTH & SCIENCE: A MARYLAND House committee snuffs out a measure that would have banned smoking in Old Line State bars and restaurants. Opponents said such a ban would harm those businesses (GAZETTE [GAITHERSBURG]). * The VIRGINIA House follows suit, unanimously rejecting a similar ban on smoking in public places. The Senate had recently approved the bill (WASHINGTON POST). * The UTAH House endorses SB 319, which would ban smoking in bars and private clubs. It returns to the Senate (SALT LAKE TRIBUNE). * The COLORADO Senate endorses legislation that bars smoking in most public buildings. The measure would exempt bars that get less than 25 percent of their profits from food. It wafts over to the House (DENVER POST). * Still in COLORADO, the House okay's HB 1212, which would allow -- but not require -- Centennial State pharmacists to dispense the "morning after pill." The measure moves to the Senate (DENVER POST). * The WASHINGTON House endorses HB 2292, which, among other things, allows Evergreen State doctors to apologize to malpractice victims without fear the apology would be used in litigation against them. It moves to Gov. Christine Gregoire (D) (OLYMPIAN). 

HOMELAND SECURITY: TENNESSE officials temporarily suspend the state "driving certificate" program, which allows undocumented immigrants to legally drive in the Volunteer State. The suspension came after an FBI investigation revealed a bribery and fraud ring that resulted in hundreds of people receiving fraudulent cards (TENNESSEAN [NASHVILLE]). * A COLORADO Senate committee endorses SB 90, which requires local police to report suspected illegal immigrants to federal authorities. The committee rejected seven other measure aimed at addressing illegal immigration (DENVER POST). 

SOCIAL POLICY: The SOUTH DAKOTA House approves legislation that would ban all abortions except those necessary to save the mother's life. The measure would not exempt cases of rape or incest. It moves to Gov. Mike Rounds (R), who is expected to sign it into law (BELLEVILLE NEWS-DEMOCRAT). * A MISSISSIPPI House committee also endorses legislation that would allow abortions only if the mother's life is in danger. It moves to the full House (COMMERCIAL APPEAL[MEMPHIS]). * The COLORADO Senate kills SB 167, which would have forced employers to give nursing mothers two 10-minute breaks to pump breast milk (ROCKY MOUNTAIN NEWS [DENVER]). * The KENTUCKY Senate endorses SB 125, which would require that women seeking abortions be told in person of medical risks and alternatives at least 24 hours before the procedure. It moves to the House (COURIER-JOURNAL [LOUISVILLE]). * The WISCONSIN Assembly approves a constitutional amendment that would ban same-sex marriage and civil unions in the Badger State. Voters must also approve the measure in November for it to go into effect (JANESVILLE GAZETTE). 

POTPOURRI: The KENTUCKY Senate approves HB 277, a bill that would allow schools and local governments to post the Ten Commandments as part of historical displays. It moves to the House (LEXINGTON HERALD LEADER). * The IDAHO Senate rejects a proposed constitutional amendment that would have given residents the constitutional right to hunt, fish and trap state wildlife (TIMES-NEWS [TWIN FALLS]).  
 

-- Compiled by RICH EHISEN

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UPCOMING ELECTIONS (03/02/2006 - 03/23/2006): 03/07/2006  Texas  Primary Election     House  (All)     Senate  (All) 03/14/2006  Michigan  Special Election     Senate  023 03/14/2006  Pennsylvania  Special Election     House  174 03/21/2006  Alabama  Special Election     House  001 03/21/2006  Illinois  Primary Election     Senate 3, 6, 9, 12, 15, 18, 21, 24, 27, 30,     33,36, 39, 42, 45, 48, 51, 54, 57 Constitutional Officers: Governor, Lieutenant Governor, Secretary of State, Treasurer,  Attorney General, Comptroller     US House (All)    TOP OF PAGE

Once around the statehouse lightly

"MAKE NICE" POLICE: Republicans in the WASHINGTON Legislature are smoldering over what they claim is censorship on the part of majority Democrats. According to the Associated Press, the House clerk has been removing certain words from GOP postings on the House Web site -- such as "tax-and-spend liberals" or "lack of honesty with taxpayers." The chief clerk, Rich Nafziger, defends his actions by saying that taxpayers, who pay for the Web site, shouldn't subsidize mud slinging. He adds that the rules allowing his office to make the changes were instituted in the mid-1990s -- when Republicans controlled the House.

NOT SO PEACHY: War is brewing along the ALABAMA-GEORGIA border these days, thanks to a resolution passed last week by the `Bama Legislature. The House designated the peach as the official state fruit of Alabama, reports the Christian Science Monitor, replacing the blackberry. Now, that didn't sit well to the east, in the place known as "The Peach State," where a giant peach drops from a tower on New Year's Eve, where the main drag in the capital city is known as "Peachtree Street," where the casual observer can't meander down a country lane without noticing the peach orchards and whose most notable athlete was known as "The Georgia Peach." Ty Cobb aside, an Alabama legislator notes, Chilton County peaches (from Alabama) have brighter "cheeks" and a sharper taste. No end in sight to this dispute, although Alabamans have a strong motive for wanting also to be known as "The Peach State." Currently, Alabama is "The Yellowhammer State." Doesn't exactly drip from the tongue, does it?

NO GOOD DEED DEPT: She was just trying to help, and the gesture got an Amtrak conductor fired, reports the San Francisco Chronicle. Seems that Rebecca Gettleman was working the Capitol Corridor train in northern CALIFORNIA when she noticed that a passenger was acting as though he'd had one -- okay, a dozen -- too many. As the train approached Emeryville near Berkeley, police were notified. The passenger still had to de-train, and that's where Gettleman's trouble began. The passenger didn't act up, merely fell -- down a flight of stairs. Gettleman, with the help of another passenger, prevented the stoner from breaking his neck, but in so doing, the conductor wrenched her arm and shoulder. She reported her injuries, as required by law, and that got her sent to a doctor, as required by law, and that got her a month of physical therapy, as required by the doctor -- and that got her fired. According to Amtrak, she had allowed herself to get hurt helping a passenger which, coupled with a history of work-related injuries, made her accident prone. An appeal is pending. Common sense, it seems, is on holiday at Amtrak.

HONEST, BUT DUMB: A few years back, a CALIFORNIA state senator stunned a committee hearing by telling audiences and colleagues alike that a particular witness wasn't among those who "paid to play," and so didn't deserve to have her opinions taken seriously on a particular bill. It was a dead-on assessment even though most legislators would prefer not to air it in public. Now comes Sen. Deanna Hanna, a COLORADO Democrat, who last week had to apologize to her colleagues for demanding $1,400 in "reparations" from a trade association that had endorsed her Republican opponent two years ago. As the Rocky Mountain News reports, she asked for $1,400 because that was the amount given to her foe, and it was Hanna herself who characterized the payment as "reparations" in a letter to the association -- when it only ponied up $400. Republicans have called for her resignation. Hanna characterized her demand as a "grave misjudgment." 
 

-- 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), 
Bruce McKeeman (CA), Linda Mendenhall (IL), 
Lauren King (MA) and Ben Livingood (PA)
Design: Richard Hansen, Heather Conway 

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ISSN: 1521-8449