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In our latest one-on-one interview, we discuss homeland security with NEW YORK Sen. Mike Balboni (R), author of the Empire State's primary anti-terrorism law and a member of several state-federal task forces that are shaping national homeland security policy.

In depth with: NY Sen. Michael Balboni

SNCJ: You said last summer after Real ID was approved in Congress that "if we don't do this right we may actually create an even less secure system" than we have now. What has happened, if anything, since then to convince you we are or are not doing this right?

Balboni: I'm not yet convinced that all of the issues have been worked out. States are still reluctant to buy into new systems with technology that may not be foolproof, or which may be antiquated in a couple of years, especially when they may not be getting any federal money to pay for all of it. So it is still a very difficult situation that will eventually come down to how well the federal government engages the states and to the proper use of the right technology.

SNCJ: You have advocated for giving states maximum flexibility in setting their own driver's license standards. That kind of leeway hasn't exactly been a trademark of the current administration. Are you optimistic about getting this flexibility?

Balboni: That's really the main problem here because the law itself gives states flexibility, but it is just so vague in its terms and conditions. Unfortunately, that vagueness has also become a cost driver for the states because now we're trying to implement something that is true to the intent of the law without the tools to actually do it. 

SNCJ: How about the funding? Has there been any movement at all that has encouraged you to believe the states will be adequately funded by the federal government to carry out this mandate?

Balboni: No, nothing. 

SNCJ: What was your reaction to the now-defunct plan for Dubai Ports World (DPW), a United Arab Emirates-owned (UAE) company, to operate several U.S. ports?

Balboni: It was on two levels. First was the political concern because we are talking about a company that has a history of meeting with Osama bin Laden, and there was concern over whether there were still members of Al Qaeda involved in their daily operations. But on the other hand, I am also a firm believer that a country-specific or company-specific strategy against terrorism is myopic, unrealistic and naïve because terrorists will simply just change the name of the company or move to another country. So I felt that deciding that Dubai Ports World couldn't do this without us doing a full review to see what kind of security risk they actually posed was the wrong strategy and a purely political reaction. 

SNCJ: Why do you say that?

Balboni: The truth of the matter is that many of the critical operations of our nation are today run by foreign companies. For instance, the U.S. has basically got out of the shipping business, and if you don't do shipping then you don't do ports. So, if I am a shipper, it makes sense to want port-to-port security as well as port-to-port economic control. Therefore, I am also going to want to take over the ports of origin and destination. But I think there was a huge misconception that if Dubai Ports World had taken over the ports they would somehow have gained instantaneous control over the stevedoring operations and personnel at those ports, which was simply not the case. 

SNCJ: So you don't think they posed any real security risk?

Balboni: It is possible that somewhere down the line Dubai Ports World could have been susceptible to terrorist infiltration, which is why I supported the additional Committee on Foreign Investments in the United States (CFIUS) 45-day review [which ultimately was canceled when DPW chose not to pursue taking over the ports]. Interestingly, NEW YORK recently has had its own Dubai Ports World issue when we discovered the governor's budget had a public-private proposal that would have allowed an Australian company to lease the Tappan Zee Bridge [a major component of the NEW YORK State Thruway that connects Nyack to Tarrytown] and charge tolls on it. So I am drafting legislation right now that would set up our own CFIUS-type review system for foreign investors that want to run our critical assets, a process that will apply to everyone equally to make sure they are not a security risk. 

SNCJ: Several states are either considering or have already accepted similar offers to lease toll roads and bridges to foreign-owned companies. A new toll road deal in INDIANA, for instance, will net the state about $4 billion. Given that kind of money being on the table, states have to consider these offers. How then should states go about ensuring the safety and sanctity of these critical assets?

Balboni: A review should consist of many different facets, and be about the process and not an individual company or country. It should start with the National Counterterrorism Center (NCTC) to see if the company has any open files with that agency. From there, it could go through the National Security Council (NSC) and the CIA to see if any of the company's subsidiaries have anybody in their ranks who is a potential risk. It should also include going to the company's overseas operations to see how they run their business. These are things we could have done with the Dubai Ports World situation, but we chose not to. Now they have pulled out, which I think is just a lost opportunity. 

SNCJ: Hurricane Katrina has pushed many states toward an "all-hazards" approach to homeland security that includes preparing not just for terrorism, but also natural disasters or a potential health crisis like avian flu. Are you satisfied with how this approach has worked for your state?

Balboni: I think it depends on what part of the state you're talking about because I think there are definitely some parts of the state that are better prepared than others. I recently issued a report card on hurricane preparedness to counties on Long Island, and Nassau and Suffolk got an F and a D respectively, principally because their shelter capacity was so inadequate. That said, we also know that our terrorist enemies are patient people who are counting on us losing our resolve, so an all hazards approach is the only logical way to ensure that everyone on the local level is still preparing for whatever may come. From a governmental perspective, an all hazards approach is also the only way to sustain funding to pay for that preparation. 

SNCJ: This is an election year, and most observers expect the usual partisan bickering leading up to November. How is that affecting homeland security preparation?

Balboni: They go hand in hand. It's something of a life cycle in that at first the homeland security issue was a major boost for President Bush, but now that cynicism has gripped the Capitol and political gaffes like the Dubai Ports World have been made, people are a little more cynical about whether the government is really protecting them. It has become a real issue, which hurts the entire effort. In a perfect world, this is an issue that would be sacrosanct and free from politics, but of course that isn't reality. But the United States needs to wake up. Every time we see the President or Congress being attacked for their actions -- sometimes rightly, sometimes wrongly -- it just makes it harder and harder to make the most difficult homeland security decisions. 

SNCJ: Last question -- On a much lighter note, how often do people get you mixed up with the "other" Rep. Michael Balboni of NEW HAMPSHIRE? He's also a Republican. 

Balboni: No kidding? I didn't even know there was one. I'll have to drop him  a line. 
 

-- Compiled by RICH EHISEN

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Bird's eye view

Dawn of the morning after pill 

Current federal law bars emergency contraceptives, also known as Plan B or the "morning after" pill, from being sold over the counter without a doctor's prescription. These pills, which must be taken within 72-hours of unprotected sex, contain a concentrated dose of the hormones typically found in ordinary birth control pills. To date, eight states have adopted laws that allow pharmacists with collaborative agreements with a doctor, clinic or HMO to dispense those emergency contraceptives without a prescription. At least half a dozen other states this year have considered are or are still pondering similar legislation, including MARYLAND, which rejected HB 828, and COLORADO, where lawmakers have sent HB 1212 to Gov. Bill Owens (R). The accompanying map shows the states that currently allow pharmacists to dispense Plan B contraceptives without a prescription.  
 

-- Compiled by RICH EHISEN

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Budget & taxes

VERMONT MOST TAX BURDENSOME STATE: VERMONT leapfrogged five other states last fiscal year to claim the dubious distinction as the state with the highest per capita state tax burden, according to a report by the U.S. Census Bureau. Vermont's jump in the rankings was due largely to its implementation of a new system for taxing real estate. But the Green Mountain State was not the only one that added to its coffers in fiscal year 2005. Collections actually rose in every state but NEW HAMPSHIRE. The increase nationally was 9.8 percent, which translates to about $57 billion. On average, the states charged each resident about $2,192, mostly in income and sales taxes. VERMONT residents were billed about $3,600. The second-heaviest taxer, according to Census data, was HAWAII ($3,478 per capita), followed by WYOMING ($3,418), CONNECTICUT ($3,300) and DELAWARE ($3,229). The states with the lowest taxes were SOUTH DAKOTA ($1,430), TEXAS ($1,434), NEW HAMPSHIRE ($1,544), COLORADO ($1,640) and MISSOURI ($1,645). (STATELINE.ORG)

BUDGETS IN BRIEF: On March 31, Philip Morris USA, the country's largest cigarette manufacturer, made its full $3.4 billion tobacco settlement payment to the states, even though an independent arbiter had ruled days earlier that big tobacco companies should be allowed to reduce their payments because they have lost market share to producers not included in the 1998 Master Settlement Agreement. Reynolds American Inc.'s RJR, however, elected not to make its full payment, according to a company spokesman, who gave no details about how much the company did pay (KENTUCKY POST [COVINGTON]). * The PENNYSLVANIA House approved a $25.3 billion budget for the 2006-07 fiscal year, which is $100 million smaller than the plan proposed by Gov. Ed Rendell (D) in February. House Republican leaders said their budget nixes the governor's idea to divert money from special lottery and tobacco settlement funds to help pay for Medicaid and puts off a monthly payment to Medicaid providers until FY 2007-08 (ASSOCIATED PRESS, PHILADELPHIA INQUIRER). * The state and local governments of NEW YORK have amassed $227 billion in debt, according to a report issued last week by the Citizens Budget Commission, a nonpartisan, nonprofit group that studies government finance. Another recent report by the organization indicated that the Empire State had the third-highest debt-to-revenue-ratio in the nation, behind only HAWAII and MASSACHUSETTS (NEW YORK TIMES). * In other unfavorable news from NEW YORK, the Empire Center, the research arm of the Manhattan Institute, reported last week that Gov. George E. Pataki (R) and state legislators have approved $479 million worth of pork-barrel projects over the past three years (NEW YORK POST). * The state of OHIO announced last week that it had sold a batch of rare coins and currency connected to the "Coingate" scandal to the coin wholesaler implicated in that affair, Spectrum Numismatics International, for $7.5 million. The deal was evidently part of a civil settlement between Spectrum and the state. The company is still facing a criminal investigation (TOLEDO BLADE). * The MINNESOTA Senate approved a proposed constitutional amendment last Monday that would slightly increase the state sales tax and direct the proceeds into natural resources and arts projects. It was the first time the measure had passed either chamber of the Gopher State legislature since it was first drafted in 1999. A broader version of the proposal is now making its way through the House (ST. PAUL PIONEER PRESS).
 

 --  Compiled by KOREY CLARK

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Politics & leadership

MARYLAND PASSES DEM-FRIENDLY VOTING BILL: Last month, a legislative conference committee in MARYLAND composed solely of Democrats approved changes to an early voting law enacted last year. When the legislation (HB 1368) came to the floor of the Senate for a vote, members of the chamber's GOP minority requested an hour to review it. When the Senate leadership denied that request, the Republicans stormed out of the chamber. The measure was passed in their absence. The House also passed it on a straight party-line vote.

When Republican lawmakers finally did get a chance to look over the bill, they learned that it specified 21 locations where the polls would be open the week before Election Day -- a dozen of those poling places residing in precincts in which President Bush fared poorly in the 2004 election -- and that the measure also increased the authority of the state elections administrator -- a Democratic appointee -- over local election officials appointed by Republicans.

Senate Minority Leader J. Lowell Stoltzfus (R) called the bill "a Democratic power grab," aimed at protecting incumbent lawmakers and helping to defeat Republican Gov. Robert L. Ehrlich Jr.

Senate President Thomas V. Mike Miller Jr. (D) countered that the objective of the bill was merely to set up early voting at "locations that would be convenient to voters, where there are population centers, where there is plenty of parking and where there is the possibility for people to get there using public transportation." Democrats also said they wanted to spur local election officials who had taken no steps to implement early voting.

But not every Democrat supported the bill, and some did so only reluctantly. One, Sen. Brian E. Frosh (D), conceded that he'd merely acquiesced to the reality of the political process. "However it gets done, it's going to be influenced by political judgments," he said. (WASHINGTON POST)

VOTING RIGHTS ACT TURNED AGAINST BLACK OFFICIAL: For the last 25 years, Noxubee County, MISSISSIPPI Democratic Chairman Ike Brown has pursued one main political goal: electing real Democrats. Brown says he has no time for what he calls "Dixiecrats," moderate white Democrats who support Republican policies once they're elected. "To hell with `em," he says. "They're not doing me one bit of good." But Brown has recently become the subject of a federal lawsuit alleging that he has discriminated against whites in violation of the 1965 Voting Rights Act. Justice Department spokesman Eric Holland said Brown has acted "with the racially discriminatory purpose of defeating candidates that white voters support...and with the intent of discriminating against black voters and black community leaders who support and work in coalition with whites." Some legal experts say the suit represents a dramatic shift in voting rights litigation, which has previously focused on discrimination against blacks and other minorities. "What's going on here in using the Voting Rights Act in this manner by the Justice Department is unprecedented and extremely remarkable," said Steven Mulroy, an assistant professor at the University of Memphis Law School. Brown's lawyer, Take Colom, a black Republican who was one of MISSISSIPPI's delegates at the 2004 GOP national convention, said that while he doesn't much care for Brown's politics, "What they complain about Ike Brown doing, I see whites do in every county in MISSISSIPPI in every election and the Justice Department does nothing about it." Brown, himself, sums up his view of the Justice Department lawsuit with a single word: "Bogus." (USA TODAY)

527 GROUPS ON THE RISE: 527s, the nonprofit political groups that rose to prominence in the 2004 presidential race, are now flourishing across the country. Four years ago, there were only 82 such groups. By 2004, there were 215 -- including the Swift Boat Veterans for Truth and Moveon.org. Currently, there are over 300 527s based in at least 45 states, with a good many concentrated in VIRGINIA (51), CALIFORNIA (47) and FLORIDA (31). The presence of 527s in monetary terms has risen commensurately. Nationally, the groups raised $535 million in 2004, nearly twice the total for 2002 ($268 million), according to the nonpartisan Center for Public Integrity, which monitors campaign finance. The groups may actually be diminishing the relevance of state political parties, which, unlike 527s, are barred from accepting "soft money," cash supposedly raised solely for "voter education" or "issue advocacy." A report by the Institute on Money in State Politics indicates that while donations to 527s basically doubled between 2002 and 2004, contributions to state parties declined by half. But states have begun to take a closer at 527s. For example, MINNESOTA officials fined a 527 group $400,000 last year for failing to file proper campaign disclosure forms, and regulators in COLORADO fined a group $36,000 for accepting contributions over the state's $500 limit. Congress, meanwhile, is considering more direct action: closing the soft-money loophole for 527s (STATELINE.ORG).

SINE DIE: On March 30, GEORGIA concluded a 2006 legislative session that saw the passage of several GOP initiatives, including increased penalties for sex offenders, measures reducing school class sizes and ensuring that a larger portion of education dollars are spent in the classroom, restrictions on government seizure of private property (which Democrats also supported) and a crackdown on illegal immigrants and their employers. "We dealt with the toughest, most sweeping criminal legislation dealing with sex offenders," said House Speaker Glenn Richardson (R). "And we changed the face of eminent domain in GEORGIA." The session didn't go entirely smoothly for the Republicans, who control both chambers of the legislature and the governor's office. Tensions between the House and Senate resulted in a couple of notable failures, including a proposal backed by House Speaker Pro Tem Mark Burkhalter (R) that would have allowed Atlanta Gas Light to bill its customers for construction of a new pipeline, and a measure sponsored by Senate Majority Leader Tommie Williams (R) that would have required doctors to offer women seeking an abortion the opportunity to see an image of their fetus. But political experts say the Republicans' successes are likely to play well with the average Peach State voter and should help them hold on to the statehouse in November (ASSOCIATED PRESS, MACON TELEGRAPH, ATLANTA JOURNAL-CONSTITUTION).

POLITICS IN BRIEF: The PENNSYLVANIA Supreme Court last week took up the issue of whether to reinstate the legislative and judicial pay raises that caused such a ruckus in the Keystone State last year. More than two hours of arguments last Tuesday from all of the parties involved in the case -- activists representing the public's interest, lawyers representing the legislators' interests and judges representing their own -- prompted one of the justices to describe the matter as a "morass and quagmire." It is not yet clear when the court will issue a ruling in the case. A separate case concerning the pay raise is pending in federal court (PHILADELPHIA INQUIRER). * Rachel Rubin, the ethics counsel appointed with much fanfare by CONNECTICUT Gov. M. Jodi Rell (R) in an effort to distance her administration from the scandal-ridden one of former Gov. John G. Rowland, has left Rell's staff. Rubin's speedy departure appears to stem from a clash earlier this year with Rell's chief of staff, M. Lisa Moody, over campaigning for the governor on state time (HARTFORD COURANT). * The MARYLAND House of Delegates passed a bill last week that would provide public funding for General Assembly campaigns. But a spokesman for Gov. Robert L. Ehrlich Jr. (R) said the bill "doesn't have a very bright future," calling it "basically incumbent protection." The spokesman said Ehrlich will likely veto the measure if it clears the Senate (CAPITAL NEWS SERVICE [COLLEGE PARK]).
 

-- Compiled by KOREY CLARK

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CALIFORNIA GOV RACE A BATTLE OF THE POCKETBOOK: Voters are a long way off from knowing for certain who will govern CALIFORNIA after the November elections. But one thing is already crystal clear -- it will be a rich white male. 

By most estimates, current Gov. Arnold Schwarzenegger (R) and his two Democratic challengers, state controller Steve Westly and state treasurer Phil Angelides, have a combined wealth of more than $1 billion, assets each is more than willing to use in the pursuit of victory. That is evidenced by the more than $62 million of their own money the three candidates have already spent over the past five years to win elections, support political causes and lay the groundwork for this year's campaigns. 

This scenario leads some astute political observers to openly wonder if the Golden State has become a place where only the super wealthy have a legitimate chance at ascending to the governor's office. 

"I don't want to say it will never happen again -- that someone who's not a millionaire couldn't become governor -- but millionaires are now the most likely candidates," says Bruce Cain, director of the University of CALIFORNIA  Washington Center. 

That disturbs watchdog groups that contend the trend toward wealthy candidates skews top politicians toward favoring the financially powerful at the expense of the poor and the disenfranchised. 

"At its most base level, the sheer wealth of these candidates shows that representative democracy in California isn't representative at all," alleges Ned Wigglesworth, an analyst with TheRestofUs.org, a non-partisan government watchdog group. "These are wealthy, white individuals and that makes it that much harder for them to represent all of California's diversity."

Many observers blame the voters' approval of Proposition 34 in 2000 for the current emphasis on candidates' personal wealth. Prop 34 bans individuals and businesses from donating more than $44,600 to gubernatorial candidates, which some say forces candidates to either find far more contributors or spend more of their own money to fund a campaign, unintentionally limiting elections to only those wealthy enough to self-finance or well-known enough to draw a very broad swath of contributors. 

Nobody expects the trend to stop this year, as personal spending is expected to help push the candidates' total campaign tab to over $130 million by November. But not everyone believes that forcing candidates to spend their own money to fund campaigns is a bad idea. 

Bob Stern, president of the Center for Governmental Studies, says voters really don't care that much about the personal wealth of the candidates. "The attitude seems to be, if they want to spend their own money, let them." (SAN JOSE MERCURY NEWS)

MA HEALTHCARE BILL BOON TO ROMNEY WHITE HOUSE BID? When  MASSACHUSETTS lawmakers last week approved a proposal from Gov. Mitt Romney (R) to require all state residents to purchase health care insurance, they did more than hand the governor a major political victory in his own state. According to a few Democratic heavyweights around the country, they also gave a significant boost to Romney's anticipated effort to seek the GOP presidential nomination for 2008. "To come up with a bipartisan plan in this polarized environment is commendable," said NEW YORK Senator and former First Lady Hillary Clinton (D), herself an oft-mentioned potential candidate for the White House in 2008. "It's a feel-good story, this Romney thing. Republican Gov., Democratic legislature," added James Carville, who ran then-ARKANSAS Gov. Bill Clinton's (D) successful 1992 presidential campaign. "Romney is an ascendent guy," said Carville. Under the plan, uninsured residents who don't buy new, low-cost plans -- some subsidized by the state -- would face financial penalties beginning in July 2007. With his signature, Romney will now have a highly noteworthy achievement on an issue of increasing concern for most U.S. voters. It also adds weight to the argument that his experience as a Republican in a Democratic state would help Romney break the partisan gridlock of Washington. As he has been doing since he announced he would not seek another term as governor, Romney dismissed speculation about a presidential campaign, saying "I have nothing to add to that." (WALL STREET JOURNAL, WASHINGTON POST, BOSTON GLOBE)

GOVS WANT FEDS TO PAY FOR JAILING IMMIGRANTS: More than a dozen governors signed a letter to Congress last week urging federal lawmakers to reinstate funding to reimburse states for the cost of jailing illegal immigrants. President Bush's 2007 budget proposal deletes funding for the State Criminal Alien Assistance Program, something he has also done in previous years. But Congress has always found at least some money to keep the program alive, including $405 million for FY 2006. In their letter to the spending subcommittees in the Senate and House with jurisdiction over the program, governors asked for $805 million for FY 2007, saying, "These funds are critical to states such as ours and needed to at least partially offset the costs our taxpayers are bearing as a result of the failure to control illegal entries along our international borders." Governors from ILLINOIS, CALIFORNIA, GEORGIA, ARIZONA, TEXAS, WASHINGTON, FLORIDA, NEW YORK, IOWA, MINNESOTA, OREGON, NEW MEXICO, NEVADA, and NEW JERSEY signed off on the request. (CHICAGO TRIBUNE)

KULONGOSKI ORDERS END TO HOMELESSNESS: OREGON Gov. Ted Kulongoski (D) issued an executive order last week creating a statewide council charged with developing a 10-year plan to eliminate homelessness in the Beaver State. The 24-member council includes representatives from government, public, private and faith-based organizations. Kulongoski said such a council will be able to better coordinate the services available to homeless people and avoid duplication of efforts. (CORVALLIS TIMES-GAZETTE)

GOVERNORS IN BRIEF: MARYLAND Gov. Robert Ehrlich Jr. (R) signs legislation that will earmark $15 million in public funds for stem cell research. Much of that money is expected to go to researchers at Johns Hopkins University and University of MARYLAND, as well as to companies in the state's biotech sector conducting research on adult stem cells (WASHINGTON POST). * ARKANSAS Gov. Mike Huckabee (R) called for a special session this week to address the state's latest court order to remedy chronic education funding shortfalls. Huckabee put 31 items on the agenda, including such non-education issues as a ban on smoking in the workplace and raising the state minimum wage (ARKANSAS NEWS BUREAU [LITTLE ROCK]). * NEW HAMPSHIRE Gov. John Lynch (D) called on the Granite State Senate last week to restore a mandatory minimum 25-year prison term that prosecutors could seek for first-time child molesters. The House recently removed that stipulation from HB 1692, opting instead to allow judges to decide whether a 25 years-to-life in prison sentence is appropriate (UNION LEADER [MANCHESTER]). * A new Rutgers-Eagleton poll shows that only 5 percent of NEW JERSEY residents blame Gov. Jon Corzine (D) for the state's financial problems, but 50 percent of those polled think his plan to raise taxes by $1.9 billion is an unfair solution (STAR-LEDGER [NEWARK]). * WYOMING Gov. Dave Freudenthal (D) announced last week he will seek a second term (CASPER STAR-TRIBUNE). * Still in WYOMING, Gov. Dave Freudenthal (D) asked the U.S. Environmental Protection Agency to reject water quality rules proposed by MONTANA that he says would severely limit natural gas production in his state. MONTANA officials have proposed the water quality regulations as part of the federal Clean Water Act (MISSOULIAN). * MISSISSIPPI Gov. Haley Barbour (R) signed legislation authorizing $2 million in state bonds to help fund a museum honoring blues musician and MISSISSIPPI native B.B. King. The $10 million museum is set to open in 2007 (ASSOCIATED PRESS). 
 

-- 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:  - Minimum wage - Health care  - Insurance modeling

BUSINESS: A LOUISIANA House committee endorses HB 666, which would give consumers two years to file lawsuits against insurance companies after the governor declares a disaster. It moves to the full House (TIMES-PICAYUNE [NEW ORLEANS]). * A federal judge rules that a MICHIGAN law barring retailers from selling or renting violent video games to minors is unconstitutional. The court ruled that the law, which was scheduled to go into effect on Dec 1, violates the First Amendment. Similar laws have also been struck down or put on hold in CALIFORNIA, ILLINOIS and WASHINGTON (WASHINGTON POST). * The ARKANSAS House approves SB 11, which would raise the state minimum wage from $5.15 to $6.25 an hour. It moves to Gov. Mike Huckabee (R), who is expected to sign it into law (ARKANSAS NEWS BUREAU [LITTLE ROCK]). * GEORGIA Gov. Sonny Perdue (R) signs House Bill 1313, which would prohibit state and local governments from condemning property solely for economic reasons (ATLANTA JOURNAL-CONSTITUTION). 

CRIME & PUNISHMENT: The ILLINOIS House approves HB 4711, a measure that would make it a crime to allow anyone under 13 to participate in a dog fight and impose penalties on anyone found in possession of dog-fighting accessories. Violators would face up to three years in jail and $25,000 in fines. It battles its way to Gov. Rod Blagojevich (D) for review (QUAD-CITY TIMES [DAVENPORT]). * Still in ILLINOIS, the House unanimously approves legislation that would impose up to seven years in jail and a $25,000 fine on owners of vicious dogs that attack and kill someone. The measure moves to Gov. Rod Blagojevich (D) for review (QUAD-CITY TIMES [DAVENPORT]). * The ALABAMA Senate unanimously approves legislation that allows authorities to charge anyone who kills an "unborn child" at any stage of development to be charged with assault or homicide. The measure does not pertain to legal abortions. It moves to Gov. Bob Riley (R), who is expected to sign it (BIRMINGHAM NEWS). * The IDAHO House votes in favor of a bill that bars civil suits from being filed against anyone who is found to have used justifiable force in self defense. The bill now fires off to Gov. Dirk Kempthorne (R) for review (IDAHO STATESMAN [BOISE]). * The IOWA House unanimously approves legislation that requires anyone protesting at a funeral to stay 300 feet away from a building where a funeral is being held and 500 feet away from a funeral procession or burial. It heads to Gov. Tom Vilsack (D) for review (QUAD-CITY TIMES [DAVENPORT]). 

EDUCATION: The IDAHO House gives a passing grade to legislation that would require Gem State high school students to get parental permission before being allowed to join a school club or participate in an extracurricular activity. It graduates to the Senate (IDAHO STATESMAN [BOISE]). * Clashes between Hispanic and Anglo students over the ongoing illegal immigration debate prompt several schools in COLORADO, CALIFORNIA and ARIZONA to bar students from displaying national flags or wearing patriotic symbols on their clothing. School administrators say the flags, banners, bandanas and other symbols have created a hostile environment (USA TODAY). * A NEW HAMPSHIRE House panel passes HB 268, which would raise the Granite State's legal dropout age to 18. Students can currently leave school at age 16. The measure graduates to the full House (UNION LEADER [MANCHESTER]). * A CALIFORNIA Senate committee approves SB 1437, which would mandate that Golden State public schools teach students about contributions gay people have made to society. It goes now to the full Senate (SAN JOSE MERCURY NEWS). 

ENVIRONMENT: The COLORADO Senate approves HB 1309, which would allow the Centennial State to set tougher pollution standards than those set forth by the federal government. It returns to the House (ROCKY MOUNTAIN NEWS [DENVER]). * MARYLAND Gov. Robert Ehrlich Jr. (R) signs legislation that will require six Old Line State coal-burning power plants to reduce their emissions of nitrogen oxide, sulfur dioxide and mercury. The measure also requires the state to join a regional multi-state effort to reduce carbon dioxide emissions (CAPITAL [ANNAPOLIS]). * The ILLINOIS House votes to require nuclear power plant operators to report any radioactive leaks to state oversight authorities within 24 hours of detection. It heads now to Gov. Rod Blagojevich (D) for review (CHICAGO TRIBUNE). * A federal appeals court upholds the dismissal of a WYOMING lawsuit against the federal government over how wolves should be managed in the Equality State after their removal from Endangered Species Act protection. The court rejected the state's plan in part because it listed wolves as a potential nuisance that could be shot on site outside the Yellowstone National Park area. State officials are contemplating an appeal to the U.S. Supreme Court (BILLINGS GAZETTE).

HEALTH & SCIENCE: The MASSACHUSETTS legislature approves a bill that would require all residents to purchase some kind of health insurance policy by July 1, 2007 or face a fine. If signed by Gov. Mitt Romney (R), the Bay State would become the first in the nation to require citizens insure to themselves in the same manner as they do their cars. Romney is expected to sign it (WASHINGTON POST). * An OKLAHOMA House committee endorses a proposal to license and regulate all Sooner State tattoo parlors and artists. The measure moves to the full House (OKLAHOMAN [OKLAHOMA CITY]). * The ARKANSAS Senate votes in favor of SB 19, a measure that would ban smoking in all indoor workplaces across the Razorback State. It wafts off to the House (ARKANSAS NEWS BUREAU [LITTLE ROCK]). 

HOMELAND SECURITY: The TENNESSEE Senate signs off on a proposal to train Volunteer State Highway Patrol officers to enforce federal immigration laws. The measure would allow the U.S. Department of Homeland Security to send instructors to TENNESSEE to train selected officers, with the federal government footing the bill (TENNESSEAN [NASHVILLE]). * FLORIDA officials revoke more than 2,500 driver's licenses the federal Department of Homeland Security says were obtained fraudulently by foreign nationals. Holders of those documents were notified by mail and their names added to computerized lists police officers check when they stop a driver or question a suspect on the street (MIAMI HERALD). 

SOCIAL POLICY: The ARIZONA Senate passes HB 2696, which would grant married couples preference when adopting a child in state custody. The measure faces another vote in the Senate before it can return to the House (ARIZONA DAILY STAR). 

POTPOURRI: A LOUSIANA House committee approves HB 94, which would make the Pelican State the only one in the nation to go on permanent daylight-saving time. It lights up next in the full House (ADVOCATE [BATON ROUGE]). * A FLORIDA Senate committee endorses SB 2528, which would bar anyone driving on a learner's permit from talking on their cell phone while behind the wheel. It now crashes into the full Senate (PALM BEACH POST). * The MISSOURI House approves HB 994, which would repeal the Show Me State's mandatory helmet law for motorcycle riders age 21 and older. It faces another vote in that chamber before it can roar off to the Senate (ST. LOUIS POST-DISPATCH). * The SOUTH CAROLINA Senate gives final approval to a bill that would allow Palmetto State moms to breast-feed their children anywhere they have the right to be. The measure also exempts breast-feeding from indecent exposure laws. It moves to Gov. Mark Sanford (R) (GREENVILLE NEWS).
 

-- Compiled by RICH EHISEN

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Once around the statehouse lightly

FIREWORKS, ILLINI STYLE: A group of citizens from Rockford got a little more education than they bargained for during a recent trek to the ILLINOIS state capital. The group journeyed to Springfield to "learn about state government" but instead were treated to a shouting match between Transportation Secy. Tim Martin and GOP state Rep. Dave Winters. As the Rockford Register Star reports, Martin had been invited by the group to discuss the governor's capital construction plan when Winters -- also an invitee -- dropped by the meeting. He and Martin soon were engaged in a debate that escalated into a verbal brawl. "Democracy in action," beamed a member of the group. 

JUST OFF THE OREGON TRAIL and in time to file for governor of the Beaver State comes Republican Gordon Leitch, who recently sued OREGON to have the other seven GOP gubernatorial candidates tossed off the primary ballot. His reason, reports the Oregonian: He, Leitch, is the only candidate who legally filed because he is the only candidate who paid his filing fees with gold and silver. The retired Naval officer, who plunked down 1,100 silver dollars to cover his costs, considers gold and silver the only "legal tender," contending that the state and federal constitutions ban the use of paper money. The court not only disagreed with Leitch, it forced him to pay the state's legal costs for filing a frivolous lawsuit. No word on whether the candidate paid the court in gold coins then clopped off in a Conestoga wagon.

FOLLOW THE BOUNCING SENATOR: Last week, we reported that NEW YORK state Sen. Ada Smith had been charged with a misdemeanor for throwing hot coffee at a staff aide. Not content with allowing that infraction alone to define her reputation, reports the Syracuse Post-Standard, the Queens Democrat got herself tossed off a United Airlines plane in Albany for refusing to show a carry-on item. Officials finally have stepped in. Smith was bounced as ranking member of the Senate Corporations, Authorities and Commissions Committee and lost the use of a Democratic Party car. 

BALANCNG ACT: Like many lawmakers, IDAHO state Sen. Gerry Sweet has trouble balancing the demands on his busy schedule. But as the Idaho Statesman reports, Sweet seems to have put the Gem State somewhat lower on his priority list than some think appropriate. Sweet, a Republican, sits on the Joint Finance-Appropriations Committee, the powerful and important panel that oversees the state budget. Not that you'd notice him because Sweet's chair has been vacant for nearly a third of the committee's hearings -- and 63 of 200 votes related to the state's 2007 spending plan. Sweet was too busy, he explained, maintaining a small business that has grown exponentially during the past year. The business: Shooter's Wholesale Inc., which sells weapons over the Internet and at gun shows. "It's a problem," says a committee colleague and fellow Republican. Others, including Sweet, say the problem lies with the notion of a citizen legislature, which always places greater demands on those who serve and also own small businesses.

HARRASS A HUNTER, GO TO JAIL: Well, not quite, but close. If a bill passed last week by the ARIZONA Senate becomes law, the state will be able to prosecute animal-rights activists who interfere too aggressively to stop a hunt. According to the Arizona Republic, it will be a misdemeanor to, among other things, make loud noises to distract or alarm game, or to attempt to impede hunters during the course of a hunt. The problem, say backers of the bill, is particularly acute when the hunt involves big game because a lottery determines permits for that kind of shoot and hunters can wait years for the chance to bag an elk or  antelope.
 

-- 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 

Copyright 2005 State Net
ISSN: 1521-8449