State Net Capitol Journal -- News & Views from the 50 States
 
 
 Volume XIV, No. 12
April 17, 2006
 
Pooch profiling

BUDGET & TAXES
States expecting 
budget surpluses

POLITICS & LEADERSHIP
States' frustration growing over federal preemption 

GOVERNORS
Troubles mount for Taft

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

 
TOP STORY

Dog bites cost insurers more than $300 million annually, making them hesitant to issue policies to pet owners with breeds thought to be aggressive. But dog owners -- and states -- are looking to change that.
 

 

SNCJ Spotlight

Issues 2006: Will states take a bite out of dog liability?

Dogs may be a person's best friend, but they are often an insurer's worst nightmare. According to the Insurance Information Institute, dog bites can account for a significant percentage of the industry's annual claims -- up to a quarter of all homeowner's claims each year, or roughly $345 million in 2002 and $321 million in 2003. Those are big numbers, enough to inspire insurance companies across the nation to refuse to write policies for homeowners with a family pooch whose breed they say is more likely than others to harm someone.

 
But that stance has dog lovers itching for a fight. According to the State Net database,  lawmakers in more than a dozen states this  session -- HAWAII, KENTUCKY, MASSACHUSETTS, MAINE, NEW HAMPSHIRE, MICHIGAN, NEW JERSEY, NEW YORK, OKLAHOMA, TENNESSEE, VERMONT, WASHINGTON, WISCONSIN and WEST VIRGINIA -- have introduced or carried over bills that would prohibit insurers from rejecting homeowners or renters for coverage based on the owner's dog breed, or from charging that person an increased premium based on that breed's alleged propensity to bite. Previous bills have also been introduced in CALIFORNIA and CONNECTICUT, but failed to become law. 

According to the American Kennel Club (AKC), currently only MICHIGAN, where the Essential Insurance Act "does not allow denying, cancelling, or non-renewing coverage based on the insured's possession of a particular breed of dog," and PENNSYLVANIA, which "prohibits any blanket contractual exclusion based on breed," prevent insurance companies from profiling a homeowner or renter based on the breed of their dog. AKC spokesperson Lisa Peterson sees no reason why more states don't join them. 

"Insurance companies having any kind of banned breed list just goes against what we believe are the basic rights of responsible dog owners," she says. "It's not the dog's fault as much as it is the owner's fault for not abiding by laws that don't allow dogs to roam or to require them to be on a leash."

Peterson says her organization does support recent state laws in states like VIRGINIA that crack down on dog owners whose pets have attacked someone. "We do want the public to be safe and to have enforceable laws that are non-discriminatory," she says. "We just want to see the responsibility where it belongs, at the other end of the leash with the owner. As we say, judge the deed and not the breed."

"It is basically the same standard as what we apply to our vehicles," she says. "It is a piece of property that you own, but you can't go out and kill somebody with it. Dogs are also considered property, and it is up to you to not allow them to go out and maul somebody." 

But Lynn Knauf of the Property Casual Insurers Association of America (PCI) says insurance companies are perfectly justified in separating dog breeds, noting that "all dogs will bite, but some breeds will simply bite more often" and, due to sheer bulk, often cause more damage when they do. "It's simply a matter of risk assessment," she says. 

The numbers tend to back her up. According to the Centers for Disease Control, over a 20-year-period from 1979 to 1998, the highest percentage of dog bite-related fatalities involved larger, more aggressive breeds like pit bull terriers, Rottweilers, German Sheperds, huskies, Malamutes, Dobermans, Great Danes and St. Bernards, but can also include dogs not generally considered to be a threat, such as Dalmatians and Labradors. 

Dog advocates like Peterson, however, still contend that any dog, large or small, is simply a reflection of its owner. She points to the AKC Canine Good Citizen (CGG) program, a two-step obedience regimen that she says emphasizes responsible pet ownership as a positive step any owner can take to teach their pet good behavior. She notes that the program has been legislatively recognized in 21 states and six countries as the official measure of acceptable dog training. At least one major insurance carrier, Nationwide, has agreed to consider owners of previously banned dog breeds for homeowners insurance if their dog is certified through the CGG program. 

But Knauf says that it is too expensive to "go dog to dog" trying to figure out which one may bite, particularly when they already have years of statistical evidence to support current dog breed policies. She says that it is also unreasonable to, as some suggest, apply a blanket policy to all dogs. 

"If we don't separate out the dogs we think are the greatest risk to bite, then owners of high risk dogs would just end up paying less and owners of low risk dogs would pay more," she says. She also says that claims figures for dog bites only account for what is paid out to claimants and not the cost of health care, lawsuits and other legal fees associated with dog attacks. 

To date, most of the introduced bills have not gained any traction, with MAINE Senate Bill 169 having already been put to sleep for the year. But Peterson says that no matter what happens with this particular litter of bills, the push to end breed discrimination insurance modeling will go on. 

"There is just a real problem with assessing this issue by breed," she says. "Many of the most dangerous dogs are actually mixes made up of many different breeds. So how do you ban those? Who are the breed police who come along and say, `based on what you look like, you must be dangerous.' That doesn't make sense." 
 

-- Compiled by RICH EHISEN
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Bird's eye view

States ponder 65 percent solution for classrooms

At least three states have recently adopted "the 65 percent solution" for education funding, which in its simplest form mandates that school districts allocate 65 percent of all spending on direct classroom expenses such as teacher salaries and learning supplies. Lawmakers in MINNESOTA are currently mulling a similar proposal from Gov. Tim Pawlenty (R), while voters in COLORADO will decide the issue at the ballot box in November. Supporters are also working to get the issue on the ballot in at least four other states this fall. Proponents say the 65 percent figure is based on the average spending of the nation's top-performing states on federal skills tests, while opponents -- mostly teachers unions -- say the statute squeezes school budgets without considering the cost of guidance counselors, librarians, nurses, bus drivers and others. The accompanying map shows the states that have adopted the plan and those currently considering it. 
 

-- Compiled by RICH EHISEN
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The Week in Session
States in Regular Session: AK, AL, AZ, CA, CO, CT, DC, FL, HI, IL, LA, MA, MI, MN, MO, NH, OK, PA, SC, TN, US, VT, WI

States in Informal Session: OH

States in Reconvened Session: VA

States in Special Session: AR "a", VA "a"

States in Recess: DE, KS, NY, RI, US

States in Budget Hearing Recess: NJ

Special Sessions in Recess: CA "a", OK "a", PA "a"

States Projected to Adjourn: AZ, IA, ME

States Adjourned in 2006: GA, ID, IN, KY, MD, MS, NE, NM, SD, UT, VA, WA, WV, WY 

States in Special Session Adjourned in 2006: AZ "a", LA "a", 
TN "a"
 

Letters indicate special/extraordinary sessions
Compiled By JAMES ROSS| Data current  as of  04/14/06 | Source: State Net database

TOP OF PAGE

Budget & taxes

STATES EXPECTING BUDGET SURPLUSES: Revenues have soared beyond expectations in many states this fiscal year. In fact, according to a report released April 10 by the National Conference of State Legislatures, collections are ahead of projection in 38 states. And due in large part to that performance, 42 states are predicting they'll end the 2006 fiscal year (June 30 for most) with a surplus, totaling $28.9 billion in aggregate. That's a marked improvement over previous years when states were as much as $265 billion in the red. But not all of the news from NCSL was good. "Spending pressures continue to mount for states, and the federal government continues to impose unprecedented unfunded mandates on states," said NCSL president, ILLINOIS state Sen. Steve Rauschenberger (R). The NCSL report indicated that at their current pace, expenses will actually exceed revenues in 10 states in FY 2007 and 19 states in FY 2008. (STATELINE.ORG)

BUDGETS IN BRIEF: NEW YORK Gov. George E. Pataki (R) vetoed nearly $3 billion in tax cuts and spending proposals from the budget approved by the state legislature three weeks ago. Some observers suggested the lame-duck governor's 202 separate vetoes -- which even stunned members of his own party -- were designed to position him as a fiscal conservative in anticipation of a move into national politics (NEW YORK TIMES). * TEXAS lawmakers will convene this week in special session to consider Gov. Rick Perry's (R) property tax relief plan. That proposal would cut school property taxes by about $6 billion, and replace the lost revenue, in part, with a $1-per-pack increase in the cigarette tax (AUSTIN AMERICAN-STATESMAN). * The OKLAHOMA House passed a bill last Monday that would cut the state's income tax rate from 6.25 percent to 4.9 percent. SB 2022 was sent back to the Senate for consideration of some minor House changes (OKLAHOMAN [OKLAHOMA CITY]). * The VIRGINIA General Assembly is once again deadlocked, three weeks after Gov. Timothy M. Kaine (D) called lawmakers into special session to pass a budget that provides more money for transportation. And as in previous years, the stalemate revolves around the issue of taxes: the House wants to levy a new tax to raise the needed cash, a move the Senate opposes (RICHMOND TIMES-DISPATCH). * With budget talks foundering in ILLINOIS, the Senate opted to take a two-week spring vacation, while the House continued working, with a short break for Passover and Easter (CHICAGO TRIBUNE). * MARYLAND lawmakers failed to approve a plan to phase in a major rate hike by Baltimore Gas and Electric Co. scheduled for this summer. Unless negotiators come up with some other solution, more than a million BGE customers in Central MARYLAND will face the average 72 percent increase all at once (CAPITAL NEWS SERVICE). * The KENTUCKY Legislature passed a two-year budget last Tuesday that is $2 billion larger than the previous one. Gov. Ernie Fletcher (R) has 10 days to veto any items in the $18 billion plan (COURIER-JOURNAL [LOUISVILLE]). * The MINNESOTA Supreme Court heard arguments in a challenge to the tobacco "health impact fee" passed by the state legislature last year. Tobacco companies allege that the law violates the 1998 Master Settlement Agreement, in which states consented to release tobacco producers from future smoking-related health claims in exchange for billions of dollars in scheduled payments (MINNESOTA PUBLIC RADIO). * For the 16th year in a row, ALASKA ranked No. 1 in per-capita federal pork-barrel spending, according to the annual "Congressional Pig Book," compiled by the private, nonpartisan research group Citizens Against Government Waste. ALASKA's $489 per person ($325 million total) in federal pork projects for 2006 was actually less than half of its 2005 per-capita allocation ($985), but still enough to beat out HAWAII, at $378 per person, and WEST VIRGINIA, at $182. The lowest-ranking state was GEORGIA, with a per-capita pork allocation of $12 (STATELINE.ORG).
 

 --  Compiled by KOREY CLARK
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Politics & leadership

STATES' FRUSTRATION GROWING OVER FEDERAL PREEMPTION: "Federal regulatory preemption is nothing more than a backdoor, underhanded means by which unelected federal bureaucrats impose their will on the states." Those words were uttered by NEW YORK state Sen. Michael Balboni (R) at the annual spring meeting of the National Conference of State Legislatures (NCSL), held a couple of weeks ago in Washington, D.C. And the senator's remarks leave little doubt that state lawmakers are becoming increasingly frustrated over what they see as the growing use of the federal regulatory process to override state laws.

Among the reasons for their aggravation, state lawmakers cite a recently proposed rule by the National Highway Transportation Safety Administration aimed at improving vehicle roof-crush standards. The rule would preempt state laws that impose tougher liability standards on auto manufacturers and also grant the auto industry immunity against state lawsuits, saddling states with the costs of supporting those who become permanently disabled and are unable to recover their medical expenses. A study commissioned by NCSL indicated that the rule could cost states between $49 million and $71 million a year.

In an update to its "Preemption Monitor," a report which alerts state lawmakers to federal encroachments on state authority, NCSL also referenced a March 30 ruling by the U.S. Department of Transportation barring states from imposing greenhouse gas emission limits on vehicles without first obtaining a waiver from the U.S. Environmental Protection Agency. CALIFORNIA adopted such emission limits in 2004, but the EPA has refused to sanction them. The report also cites recent regulatory actions by the Food and Drug Administration overriding state requirements to list side effects on prescription drug labels and setting new mattress flammability standards that preempt conflicting state laws.

In addition, NCSL says that over the past year, Congress has passed several laws negatively impacting the states, most notably the Real ID Act, which alone could cost states billions of dollars to implement. A new provision included in the recently-renewed Patriot Act aimed at combating methamphetamine drug abuse may also preempt tougher restrictions on the sale of pseudoephedrine in a number of states. And according to NCSL's Preemption Monitor, there are currently 72 bills before Congress that would limit state power in areas ranging from immigration reform to tort reform to the environment. (STATELINE.ORG)

SINE DIE: The Democrats who control both houses of the MARYLAND General Assembly opened the 2006 session on Jan. 11 by overriding numerous vetoes by Gov. Robert L. Ehrlich (R). The legislative overrides included the so-called "Wall-Mart bill," requiring the mega-retailer to contribute at least 8 percent of its payroll toward employee healthcare; a $1 increase in the minimum wage; and an early voting bill. Dems ended the session ninety days later (April 10) in the same intensely partisan way, overturning Ehrlich's vetoes of bills, among other things, specifying polling locations for early voting, easing restrictions on collective bargaining by state employees and blocking the Ehrlich administration's effort to take over 11 failing schools in the City of Baltimore. There were a few legislative accomplishments that members of both parties felt positively about, such as increasing funding for education, providing $15 million in funding for stem-cell research and passing the Healthy Air Act, aimed at reducing emissions from coal-fired power plants. But partisan bickering reigned during the session's 90 days. At a press conference held minutes before the close of the session, Ehrlich called the Democrats' veto overrides "silly" and their obstruction of the Baltimore school takeovers his "worst moment in 20 years of public service." Those remarks echoed the claims of GOP lawmakers throughout the session that the Democrats' main goal for the session was simply to try to discredit the Old Line State's first Republican chief executive in a generation, who is seeking reelection this year. Democrats leveled accusations of their own, such as Senate President Thomas V. Mike Miller Jr.'s characterization of the attempted school takeovers as "right-wing malarkey" aimed at discrediting Baltimore Mayor Martin O'Malley, Ehrlich's leading Democratic challenger. Two major issues appeared to be casualties of the election-year partisanship: toughening sentences for sex offenders and softening the impact of a major rate increase this summer for 1.1 million Central Maryland customers of Baltimore Gas and Electric Co. And that unfinished business could have lawmakers headed right back to Annapolis for a special session (CAPITAL NEWS SERVICE [COLLEGE PARK]).

POLITICS IN BRIEF: ARKANSAS lawmakers concluded their week-long special session April 7, during which they managed to increase funding for public schools by $200 million, ban smoking in most public places and increase the state minimum wage from $5.15 per hour to $6.25 (ARKANSAS NEWS BUREAU [LITTLE ROCK]). * In a surprise move last week, Republicans in the IOWA Senate replaced their party leader, Sen. Stewart Iverson, who'd held the post since 1997, with Sen. Mary Lundby. The shift to the more moderate leader was evidently aimed at giving the GOP a better shot this fall at reclaiming control of the chamber, currently divided 25-25 with the Democrats (DES MOINES REGISTER). *IDAHO's GOP-led House adopted new rules last Tuesday limiting when committee meetings can be closed to the public, while at the same time allowing the majority party to halt ethics investigations with a closed-door vote. The state's Republican-controlled Senate approved similar rules the week before -- minus the ethics provision (ASSOCIATED PRESS, IDAHO STATESMAN [BOISE]). * The nation's longest-serving state legislator, NEW YORK Sen. John Marchi (R), announced last week that he will not be seeking another term. The 84-year-old, who has a history of heart problems and was hospitalized last month for esophageal bleeding, decided it was time for him to slow down. Marchi has served in the Empire State Senate since Dwight Eisenhower was president of the United States. "Fifty years is a long time," he said (ASSOCIATED PRESS, SYRACUSE POST-STANDARD). * Early voting began last week in LOUISIANA to determine the next mayor of New Orleans. Although 1,000 voters turned up in Orleans Parish on the first day, April 10, activity elsewhere in the state was light, according to the LOUISIANA Secretary of State's Office (ADVOCATE [BATON ROUGE]). * The number of incumbent PENNSYLVANIA legislators facing primary challenges in the wake of last year's pay raise debacle diminished by nearly a quarter last month, as a result of candidate withdrawals and disqualifications. As of last week, however, sixty-one incumbents still faced challengers, which is more than twice the number opposed in 2004 (ASSOCIATED PRESS, PHILADELPHIA INQUIRER). * FLORIDA Sen. Gary Siplin (D) was charged last Monday with misuse of taxpayer money for employing state workers on his 2004 re-election campaign (WASHINGTON POST).
 

-- Compiled by KOREY CLARK
TOP OF PAGE
Governors
TROUBLES MOUNT FOR TAFT: A dashed career and ruined political legacy may not be the only fallout for scandal-plagued OHIO Gov. Bob Taft (R). Last week, a disciplinary board of the Buckeye State Supreme Court found probable cause that Taft's 2005 misdemeanor conviction for failure to disclose a long list of free golf outings and other gifts violated an ethics rule for attorneys, a ruling that could lead to the governor's reprimand or even disbarment. 

Taft pleaded no contest to the charges last August, after which a judge ordered him to pay a $4,000 fine and e-mail all state employees and media outlets a formal apology. But Jonathan Coughlan, disciplinary counsel for the state Supreme Court, later filed a complaint against Taft for actions he said adversely reflect on the governor's ability to practice law, saying that "Improper conduct on the part of an attorney in government service is more likely to harm the entire system of government in terms of public trust." 

Taft has 20 days to respond before the court appoints a three-member panel for a hearing. He can avoid a public hearing if he first reaches an agreement on discipline with the court, something Coughlan said he is willing to consider. Taft spokesman Mark Rickel said the governor also hopes to discuss the matter, noting that "the governor is hopeful the disciplinary panel will consider that his failure to report gifts was unintentional and that he self-reported this situation to the Ethics Commission as soon as he became aware of it." 

Taft, who is on the last year of his second and final term in office, has had his law license since 1976 but is currently registered as inactive. Disbarment would be yet another harsh blow in what has easily been the worst year of Taft's political career. Although he is a member of one of the nation's most prominent political families -- Taft is the great-grandson of former U.S. President William Howard Taft while his grandfather, father and several uncles were United States senators -- many may now likely remember him more as the only OHIO governor to ever be convicted of a crime while in office. (CLEVELAND PLAIN DEALER, CINCINNATTI ENQUIRER)

DEMS VOW OVERRIDE OF ROMNEY HEALTHCARE VETO: Angry MASSACHUSETTS Democrats vowed to override Gov. Mitt Romney's (R) promised line-item veto of a $295-per-employee assessment on businesses that don't provide health care, a key part of the state's historic healthcare overhaul. Democratic leaders said they were surprised and disappointed that Romney didn't discuss the veto with them beforehand, accusing him of placing his presidential aspirations ahead of the good of the commonwealth. House Speaker Salvatore DiMasi called the veto "disingenuous," saying, "This piece of legislation was put together carefully with a lot of compromise. Each section is important to the overall bill." Romney, however, called the fee "unnecessary" and, because the fee is cheaper than paying for insurance, claimed it would give some businesses the incentive to not cover their employees. The issue is soon likely to be a moot point as Democrats have more than enough votes to override any veto Romney issues on the measure. (BOSTON HERALD)

BUSH I -- SCHIAVO FIGHT OVER: Resigned to being unable to find a sponsor to carry his legislation, FLORIDA Gov. Jeb Bush (R) has abandoned his effort to change state law to allow patients to reject or withdraw a feeding tube  only if they put that wish in writing. Bush's proposal was spurred by his own long-running effort to prevent the husband of Terry Schiavo, a 26-year-old FLORIDA woman left in a vegetative state after suffering a heart attack, from removing her from life support. Schiavo was kept alive for 15 years on a feeding tube, which was removed last year after a court battle between her husband and family that eventually involved the U.S. Congress. Bush hoped to re-open the debate by pushing a bill that would draw a distinction between the use of a medically implanted feeding tube and other life-prolonging medical interventions, such as a respirator, but found nobody willing to sign on for what might have been another brutal and protracted statehouse battle. "The governor continues to support providing clarity to end-of-life issues, but he's no longer pursuing these recommendations," said Bush spokeswoman Kristy Campbell. (ORLANDO SENTINEL)

BUSH II -- END FEDERAL EVERGLADES OVERSIGHT: FLORIDA Gov. Jeb Bush (R) has reportedly been lobbying his brother's administration for help in ending federal oversight of the state's mandated cleanup efforts in the Everglades. That concerns observers who claim such a change would take the teeth out of the 1992 state-federal settlement that gave the feds oversight after they sued that Sunshine State for violating its own Clean Water Act. It also worries some Congressional lawmakers, who note that Washington has appropriated more than $1 billion for the project in the last decade. "If there's a perception that [the state is] trying to bypass the consent decree, there will be a direct impact on federal funding" said John Scofield, a spokesman for the House Appropriations Committee. "We're not exactly flush with cash. We don't need a lot of excuses to cut funding, even from something as important as the Everglades." The White House has not commented on the younger Bush's efforts, but says the federal government is still committed to the project. Florida has invested $1.3 billion of its own money since 1992, acquiring more than 193,000 acres for restoration, including 41,000 acres of man-made wetlands that clean water through natural marsh filters. The state is also committed to spending more than $3.2 billion through 2010. (PALM BEACH POST)

GOVERNORS IN BRIEF: CALIFORNIA Gov. Arnold Schwarzenegger (R) called for heavy industries, such as power plants, refineries and factories, to begin reporting emissions of carbon dioxide and other gases that contribute to climate change. He stopped short, however, of endorsing a state Democratic bill that would cap the amount of carbon dioxide that could be released into the atmosphere by individual businesses. "We don't want to go after business and make business leave the state," Schwarzenegger said (LOS ANGELES TIMES).  * VIRGINIA Gov. Tim Kaine (D) will allow a proposed constitutional amendment to ban same-sex marriage to go on the Nov. 7 ballot without his signature. The move is symbolic because Old Dominion governors cannot legally veto or amend a proposed constitutional amendment, but Kaine is on record as opposing the measure, which he says is too broadly worded and "goes much further" than banning gay marriage (RICHMOND TIMES-DISPATCH). * Just hours after the deal was signed, two groups opposing INDIANA Gov. Mitch Daniels'(R) effort to lease a portion of the INDIANA Toll Road filed lawsuits attempting to block the measure. Daniels' plan would use the $3.85 billion in lease money to fund statewide transportation projects, but the opposing groups say the deal is unconstitutional because any proceeds from such an action are required to pay down existing state debt. Hoosier State officials counter that the deal is a lease rather than a sale, which exempts it from those requirements. Observers speculate that the issue could end up in the state Supreme Court (INDIANAPOLIS STAR).
 

-- Compiled by RICH EHISEN
 TOP OF PAGE
 
 
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

Hot issues
BUSINESS: The LOUSIANA Senate approves SB 1, which would limit the government's ability to use eminent domain to take private property solely for economic gain. It moves to the House (TIMES-PICAYUNE [NEW ORLEANS). * The IOWA Senate endorses HF 2351, which says local governments would need a two-thirds majority vote to use eminent-domain power. The measure also requires that at least three-quarters of the land area meets standards for slum or blight before governments could invoke eminent domain laws. The measure returns to the House (QUAD-CITY TIMES [DAVENPORT]). * ARKANSAS Gov. Mike Huckabee (R) signs legislation that raises the state minimum wage to $6.25 per hour. ARKANSAS becomes the 19th state to adopt a minimum wage higher than the $5.15 federal requirement (ARKANSAS NEWS BUREAU [LITTLE ROCK]). * The HAWAII Senate approves SB 3115, which would allow the Aloha State to suspend the state's cap on wholesale gas prices. The measure also allows the cap to be reinstated should prices climb too high. It flows off to the House (HONOLULU STAR BULLETIN). * The MISSOURI Senate approves an amendment that would bar insurance companies from canceling or refusing to renew policies or raising rates because of weather-related claims. The amendment is part of SB 895, which the Senate must still vote on in its entirety (INSURANCE JOURNAL). 

CRIME & PUNISHMENT: The KENTUCKY Senate approves SB 38, which allows Bluegrass State residents to use deadly force against attackers in their home or car. It fires off to Gov. Ernie Fletcher (R), who says he will sign it into law (COURIER-JOURNAL [LOUISVILLE]). * The ALASKA House unanimously approves a measure that would allow the state to seize bootleg alcohol that has been transported into dry communities and villages. It returns to the Senate (ANCHORAGE DAILY NEWS). * The LOUISIANA Senate approves SB 47, which would mandate that anyone convicted of a second drunk driving offense must place special orange license tags on their vehicles as a way to warn other drivers. The plate would be on the vehicle for five years from the date of the DWI conviction. It weaves off to the House (TIMES-PICAYUNE [NEW ORLEANS]). 

EDUCATION: Both chambers of the MARYLAND General Assembly override Gov. Robert Ehrlich Jr.'s (R) veto of a bill that will delay the state's planned takeover of 11 failing Baltimore schools. The measure blocks the state from taking over the schools for at least one year (BALTIMORE SUN). * A joint ILLINOIS legislative committee rejects a proposal from Gov. Rod Blagojevich (D) to ban the sale of soft drinks, chips and candy before and during the school day for Prairie State children up to 8th grade. Lawmakers said the proposal did not go far enough (CHICAGO TRIBUNE). * The DELAWARE Senate endorses SB 251, which mandates full-day kindergarten statewide by 2008. The measure also requires schools to continue to offer half-day programs for parents who want them. It now moves to the House (NEWS JOURNAL [NEW CASTLE-WILMINGTON]). 

ENVIRONMENT: The CONNECTICUT Senate endorses legislation that would allow limited bow hunting on Sundays. The measure would only permit hunting deer and only on private lands. Supporters say the measure is necessary to lessen the environmental impact of deer overpopulation in the Constitution State. It shoots off to the House (HARTFORD COURANT). * The IOWA House approves HF 2754, legislation mandating that 25 percent of all fuels sold in the Hawkeye State be made from renewable sources such as ethanol by 2020. The measure flows to Gov. Tom Vilsack (D), who is expected to sign it (DES MOINES REGISTER). * The ALASKA House endorses a proposal to create a state commission that would advise communities on how to manage the erosion, floods and thawing permafrost brought on by global climate change. The measure moves to the Senate (DAILY NEWS-MINER [FAIRBANKS]). 

HEALTH & SCIENCE: MASACHUSETTS Gov. Mitt Romney (R) signs legislation that requires all state residents to buy health insurance, but issues a line-item veto to a $295-per-worker assessment on businesses that do not provide the coverage. Lawmakers vowed to override the veto (BOSTON GLOBE). * COLORADO Gov. Bill Owens (R) signs HB 1175, which bans smoking in most Centennial State workplaces. It goes into effect this summer (ROCKY MOUNTAIN NEWS [DENVER]). * ARKANSAS Gov. Mike Huckabee (R) also snuffs out smoking by signing SB 19, which abolishes smoking in almost all Razorback State workplaces including all workplaces with three or more employees. The only exemption is establishments open only to people 21 and over (ARKANSAS NEWS BUREAU [LITTLE ROCK]). * A TENNESSEE Senate committee also gets in to the anti-smoking movement, approving legislation that would ban lighting up in all state buildings, indoor public places and enclosed areas of employment. It wafts over to the full Senate (TENNESSEAN [NASHVILLE]). 

HOMELAND SECURITY: The ARIZONA House and Senate endorse legislation that would make illegal immigrants subject to the state's criminal trespassing law. The measure, which allows state and local police to stop, question and arrest people who are in this country illegally, moves to Gov. Janet Napolitano (D), who has hinted she will veto it (LOS ANGELES TIMES, ARIZONA DAILY STAR [TUCSON]). 

SOCIAL POLICY: The ARIZONA Senate unanimously approves HB 2376, which would exempt breast-feeding mothers from the Grand Canyon State's indecent exposure laws. The measure now goes to Gov. Janet Napolitano (D), who is expected to sign it (ARIZONA REPUBLIC [PHOENIX]). * ILLINOIS Gov. Rod Blagojevich (D) signs legislation allowing condo owners to display religious symbols on their doors. The measure was in response to condo associations barring decorations on doors and in hallways, including religious monikers (CHICAGO TRIBUNE). 

POTPOURRI: A LOUSIANA House committee endorses HB 96, which would require Pelican State funeral homes to include an ID or inscription on each casket that lists the name of the person in the coffin, the date of death and the name of the funeral home that handled the burial. The proposal is a response to the large number of coffins uprooted during Hurricane Katrina that had no identifying markers to indicate who they contained. It goes to the full House (WASHINGTON POST). * The TENNESSEE House approves a measure that would make it illegal to leave a child under seven unattended in a vehicle if the engine is running or the keys are left inside. It moves to the Senate (COMMERCIAL APPEAL [MEMPHIS]).
 

-- Compiled by RICH EHISEN
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UPCOMING ELECTIONS (04/13/2006 - 05/04/2006):
04/25/2006  
Alabama Special General if needed
    House  001

05/02/2006 
Indiana  Primary Election
    House  (All)
    Senate  1, 4, 6, 11, 14, 15, 17, 19, 21, 22, 23,     25, 26, 27, 29, 31, 38, 39, 41, 43, 44, 45, 46, 47, 48, 49
   Constitutional Officers:
   Secretary of State, Treasurer, State Auditor
   US House (All)

05/02/2006  
North Carolina  Primary Election
    House  (All)
    Senate  (All)
    US House (All)

05/02/2006  
North Carolina  Special Election
    Senate  031

05/02/2006  
Ohio  Primary Election
    House  (All)
    Senate  (All)
    Constitutional Officers:
Governor, Secretary of State, Attorney General, State Auditor
     US House (All)
     US Senate 

 TOP OF PAGE


Once around the statehouse lightly

CHUTSPAH, MEET INGRATITUDE. It certainly was a nice gesture, but residents of St. Bernard Parish near New Orleans said "no thanks." That LOUISIANA locale was clobbered twice -- first by Hurricane Katrina and second by the ineptitude of the Federal Emergency Management Agency, or FEMA. So when former FEMA Dir. Michael Brown offered to parachute in with some high-paid advice (he's a disaster consultant now, y'know), locals protested. Faced with that kind of ingratitude, reports USA Today and The Associated Press, Brown cancelled his trip. 

THE WORLD'S OLDEST VOTER may live in CALIFORNIA. In preparing for a special election to replace disgraced U.S. Rep. Randy Cunningham, the San Diego County registrar unearthed one voter listed as being 240 years old. Not only that, reports the North County Times, but the registrar also coughed up the names of 5,677 other voters who were at least 106 years old. This was news to folks at the U.S. Census, which recorded fewer than 4,000 people that age in all of the United States. The explanation: Until 2001, voters were not required to disclose a date of birth when registering. The county subsequently updated its voter databases, using the default date of 1900 when no year of birth was listed. That accounts for the plethora of 106-year-olds. Now, how about Methuselah?

RETAIL POLITICS usually involves meeting and greeting potential voters. But an OHIO legislative candidate put a new twist on the practice last week when he walked into a convenience store and instead of shaking hands began shaking down customers. According to The Associated Press, Willie Pickens ­ a Marion County Democrat -- posed as an FBI agent while pulling off a heist. He was subsequently arrested and charged with robbery and abduction. Local Democratic officials asked Pickens to withdraw from the race, which he did.

JUST A LITTLE TOUCH-UP JOB: It may be the only official residence located inside a state capitol building anywhere in the country. As such, notes the Fort Worth Star-Telegram, remodeling falls to the taxpayer. So people notice when the Capitol apartment occupied by the speaker of the TEXAS House is about to be transformed. They especially notice when it's the second renovation. Spkr. Tom Craddick and his family are planning a new kitchen and bathroom fixtures and a little demolition work. Cost estimate: $500,000 to $1 million. A Republican state senator thinks this is absurd and has called for a public meeting of the State Preservation Board -- and for reimbursement of any state money spent to date on the project.

HOG WILD: File this one under "you must be kidding!" In several states in the deep South, a new kind of "event" has sprung up involving dogs, hogs and stopwatches. Known as "hog-dog rodeos," the action takes place inside a fenced arena and involves timing how long it takes one pit bull to pin down a wild hog. During the course of an afternoon, however, one unfortunate hog may be used as bait for as many as 10 different  dogs. It is assumed the pig never wins. According to USA Today, legislatures in MISSISSIPPI, ALABAMA, TENNESSEE,  GEORGIA and SOUTH CAROLINA currently are mulling over bills to outlaw the practice. And yes, the bills have opponents, who claim that the "rodeos" are really "field trials" that test the dogs' hunting skills.

BAD TIMING: A student at the University of GEORGIA took the wrong moment to leave a campus get-together that had been billed as a ninja-pirate party. According to the Atlanta Journal-Constitution, the student sprinted across campus in costume -- meaning, he was wearing a ninja mask. En route to the dining hall, he ran past a group of agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives who were attending a conference on campus. Several agents -- guns drawn -- pursued the student, eventually pinning him to the ground and hauling him off to the hoosegow. The student was released about half an hour later, after university police sorted it all out.
 

-- 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 2006 prefiles last week: 51

Number of 2006 Intros last week: 1,197

Number of bills enacted/adopted last week: 1,580

Number of 2006 prefiles to date: 17,159

Number of 2006 Intros to date: 79,889

Number of enacted/adopted overall in 2006: 14,410
 

Compiled By JAMES ROSS | Data current  as of 04/13/06 | Source: State Net database

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In case you missed it: 
Homeland security continues to be one of the most important -- and contentious -- issues states face. In our April 10 issue, we discussed this critical topic with New York state Sen. Michael Balboni (R), the person who authored the Empire State's primary anti-terrorism law and a leading voice on many state-federal task forces charged with shaping our national homeland security policy. 

In case you missed it, the article can be found on our Web site at 
http://statenet.com/capitol_journal/04-10-2006. 

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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

A Publication of State Net ®, A LexisNexis Company