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Volume
XIII, No. 16
May 2, 2005
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| TOP
STORY
A rash of mega-scandals
in recent years has led critics to urge Congress to regulate the insurance
industry. But states, which have long held that power, aren't eager to
give it up without a fight.
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SNCJ
Spotlight
States battle to keep control
of insurance industry
In March, Maurice R. "Hank" Greenberg stepped down from his longtime
position as chief executive of American International Group Inc. (AIG),
one of the world's largest insurance companies. Mr. Greenberg's departure
came only six months after the resignation of his son Jeffrey W. Greenberg,
who just happened to be chairman and CEO of one of the world's biggest
insurance brokerage firms, Marsh & McLennan Cos. And the junior Greenberg
wasn't Marsh & McLennan's only significant loss; the company also paid
$850 million to settle a civil lawsuit filed against it back in October.
The ignominious developments for the Greenberg family and for their respective
employers were prompted by state and federal probes into the business practices
of the insurance industry, an industry some regulators say has had it far
too easy for far too long, and one that could soon see big changes. |
As strange as it may seem, the insurance industry crackdown
is largely being led by the Securities and Exchange Commission. The reason
for that is also a bit odd: the federal government has very little latitude
when it comes to regulating the insurance industry. Due to a law passed
in 1945 to settle jurisdictional disputes between federal and state regulators,
known as the McCarran-Ferguson Act, states have primacy in regulating insurers,
in sharp contrast to the banking and telecommunication industries, where
the federal government is king.
So, using its authority as an enforcer of accounting regulations, the
SEC is scrutinizing the practices of several major insurers, including
General Re Corp., a division of insurer Berkshire Hathaway; ACE Ltd.; Chubb
Corp.; and Swiss Reinsurance Co., along with AIG. One of the focal points
of the SEC investigation is the companies' use of a type of insurance known
as "finite-risk." These policies allow insurers to cover themselves against
big losses on the policies they sell to individuals and businesses by entering
into contracts with reinsurance firms. SEC regulators don't have a problem
with finite-risk insurance itself, but they do have a problem when companies
structure their policies to improve their financial statements, which is
what occurred at AIG. And those regulators don't believe AIG is the only
company guilty of that practice.
But even the SEC's power is limited; it can only police publicly-traded
securities, which places some of the largest U.S. insurers, such as privately-held
State Farm, out of reach. Some observers say that restriction precludes
the SEC from being able to effectively regulate the industry. "The SEC
is aggressive enough to do the job, but lacks the broad jurisdiction necessary
to clean up the insurance sector," says Kevin Hennosy, an insurance historian
and publisher of an industry newsletter.
But the recent revelations have spurred new calls for the federal government
to take over that job. And no one has said so more forcefully than NEW
YORK Attorney General -- and 2006 gubernatorial hopeful -- Eliot Spitzer.
Last year, Spitzer called on Congress to address the insurance industry's
"Pandora's box" of problems. "It is clear that the federal government's
hands-off policy with regard to insurance, combined with uneven state regulation,
has not entirely worked," Spitzer said, adding that "Many state regulators
have not been sufficiently aggressive in terms of supervising this industry."
Spitzer, himself, could hardly be accused of that. He brought the civil
suit last year against Marsh & McLennan, accusing it of collecting
"placement fees" for steering business to insurers that paid it the highest
commissions. He's also played a key role in the AIG probe.
But Spitzer isn't alone in his call for greater federal oversight; even
some within the industry itself back the idea. Dennis Kelly, a spokesman
for the American Insurance Association, which represents property-casualty
insurers, has stated, "We definitely see a federal regulator as being more
effective, as long as it's operating in an effective regulatory system."
The sort of system the AIA and a number of insurers favor is a dual
state-federal regulatory scheme, similar to the one used to govern the
banking industry. Under such a system, insurers would be allowed to incorporate
under either a state or federal charter. Smaller companies would be able
to choose to continue to be regulated by their home state, while larger
companies with operations in multiple states could opt to be regulated
only at the federal level.
Some state officials and insurance brokers, however, oppose any form
of federal preemption of insurance regulation. They contend that while
a federal, one-size-fits-all approach might work for consolidated industries,
insurance is very local; the sale of hurricane coverage in the Southeast
and earthquake insurance in CALIFORNIA, they say, can be more effectively
supervised by local officials.
Legislation with the pro-states camp in mind could be taken up by Congress
this year. Introduction of the State Modernization and Regulatory Transparency
Act, or SMART, drafted by Rep. Michael Oxley (R-OHIO), chairman of the
House Financial Services Committee, and Rep. Richard Baker (R-LOUISIANA),
is awaiting a compromise with the National Association of Insurance Commissioners,
which represents state regulators. Agreement on the specifics of the measure,
however, has been somewhat elusive. A spokesman for Oxley commented, "Creating
a new federal regulator out of whole cloth in an area that has been traditionally
regulated by the states is not the easiest task." In fact, there have been
repeated attempts in Washington over the years to overhaul the way the
industry is regulated, but they've never managed to gain much traction.
States aren't just waiting around idly to see if this time's the charm.
Twenty-five states have introduced over 50 bills this year pertaining to
insurance reform, with 13 of those measures already approved in their house
of origin and awaiting action in the opposite chamber. A few, such as ARKANSAS
Senate Bill 233 and SOUTH DAKOTA Senate Bill 49 have already been enacted
and, as of press time, GEORGIA House Bill 407 is awaiting Gov. Sonny Perdue's
(R) signature. Most of the active bills concern reporting requirements
for compensation paid to insurance brokers, one of the major issues driving
the current industry investigation. Attorneys general in states other than
New York, such as CONNECTICUT and MINNESOTA, are also getting into the
act, actively pushing for legislative reform.
And state activity hasn't been limited just to legislation. CALIFORNIA,
NEVADA, OHIO, OREGON and TENNESSEE have proposed new administrative rules
for the industry, while insurance commissioners in 15 other states have
sent out notices to resident insurers detailing state policy regarding
compensation. Some of the commissioners are going as far as requiring insurers
to certify that they are not engaging in price fixing.
Some insurers say that if the activities of the SEC, Spitzer and other
regulators continue to generate splashy headlines about industry wrongdoing,
it will create more pressure for the feds to step in. But even if inertia
prevails in Washington, states appear to be ready to take up the
cause. (WALL STREET JOURNAL, NEW YORK TIMES, STATENET.COM)
-- Compiled by KOREY CLARK
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PAGE
Bird's
eye view
Retirement
off limits in bankruptcy
Declaring bankruptcy does
not mean having to relinquish retirement savings, according to a recent
ruling from the U.S. Supreme Court. The high court decided Individual Retirement
Accounts are in the same class as pensions, 401(k)'s, Social Security and
other age-based benefits protected by federal bankruptcy laws. That decision
does more than offer bankrupt Americans another layer of financial protection,
it also codifies that safeguard for the 16 states and the District of Columbia
that do not have their own laws protecting IRA's. Several of the 34 states
which do have statutes protecting retirement accounts in bankruptcy cases,
including NEW YORK and CALIFORNIA, have laws that mirror the federal standard.
The accompanying map show those states affected by the court's ruling.
-- By RICH EHISEN
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The
Week in Session
States in Regular
Session: AK, AL, CA, CO, CT, DC, DE, IL, KS, LA, MA, MI, MN,
MO, NC, NE, NH, NJ, NV, NY, OH, OK, OR, PA, RI, SC, TN, TX, US, WI
States in Special Session:
CA "a", ME "a"
States Projected to Adjourn:
AZ, Fl, HI, IA, IN, VT
States Adjourned in 2005:
AR, DC "z", GA, ID, IL "z", KY, MA "z", MD, ME, MS, MT, ND, NM, NY
"z", SD, UT, VA, WA, WV, WY
States in Special Session
Adjourned in 2005: DE "c", FL "a", MD "a", MS "a", UT "a", WI
"a", WV "a", WV "b"
Letters
indicate special/extraordinary sessions
Compiled
By GINA HUMMELL | Data current as of 4/29/05 | Source: State
Net database
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Budget & taxes
GAS TAX SPIKES IN WA: The
WASHINGTON Legislature ended its session last week with a bang, passing
an $8.5 billion transportation package that includes a 9.5-cent-per-gallon
hike in the gas tax over the next four years -- the largest increase in
state history. The tax will be used to fund a number of major construction
projects, including a $2-billion repair of the earthquake-damaged Alaskan
Way Viaduct in Seattle. The transportation package, which passed the Senate
two weeks ago, actually looked to have died in the House last Saturday
after a bitter partisan fight that ended with the chamber voting the plan
down by a vote of 54-43. But the following day, Gov. Christine Gregoire
(D) stepped in to keep negotiations going. She told legislative leaders,
"I want to see a transportation package come out. If that viaduct falls
down and peoples' lives are lost, I'm not going to stand here and say we
lost it because we couldn't take the vote to get it done." On top of that,
she threatened to haul the Legislature into special session if it didn't
pass the transportation plan. Evidently, her tactics worked. Later in the
day, the House passed the plan by the same 54-43 margin they'd rejected
it with the day before. And with the heavy lifting out of the way, both
chambers quickly passed the state operating budget and adjourned the session.
Then Democrats and Republicans, despite all of their heated confrontations
over the last 105 days, exchanged congratulatory back slaps, hugs and heartfelt
thank-you's. "Yeah, we tangled, but we got the job done," said House Speaker
Frank Chopp (D). (SEATTLE TIMES, SEATTLE POST-INTELLIGENCER)
BUDGETS IN BRIEF: A TEXAS House
committee approved legislation that would make the Lone Star State the
first in the nation to sell lottery tickets online. One Democratic House
member who supports the bill said its chances in the full chamber were
about 50-50 (HOUSTON CHRONICLE). * A proposal to limit budget growth in
NEVADA, modeled after COLORADO's Taxpayer's Bill of Rights (TABOR) amendment,
was voted down by a Senate committee last week. Opponents of the measure
said that placing arbitrary limits on the amount of revenue the state is
allowed to take in can create major problems, and they pointed to Colorado's
current budget difficulties and the state's move to suspend it's TABOR
measure as proof (ASSOCIATED PRESS, NEVADA APPEAL [CARSON CITY]). * TENNESSEE
Gov. Phil Bredesen (D) announced a "compromise agreement" last Tuesday
that would spare 97,000 of the Volunteer State's sickest residents from
the governor's planned cuts to TennCare. But the Tennessee Justice Center,
which is representing the state's 1.3 million TennCare participants in
federal court, opposes the plan because it would give state bureaucrats
control over medical decisions for the enrollees who remained in the program
(TENNESSEAN [NASHVILLE]). * The ALABAMA House of Representatives passed
a bill that would reduce state regulation of landline telephone companies
and also allow the companies to automatically raise their rates for basic
phone service each year. The legislation is aimed at leveling the playing
field between landline phone companies and cable and cell phone companies
that aren't regulated by the state (BIRMINGHAM NEWS).
-- Compiled by KOREY CLARK
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Politics
& leadership
ALABAMA SENATORS PLAY POLITICAL HOOKY:
Over half of ALABAMA's senators failed to show up for work last
week, forcing an automatic one-day adjournment with only four work days
left in the legislative session and plenty of state budget work still to
be done. The truancies cut across party lines, with all 10 of the chamber's
Republicans and eight of its 25 Democrats absent when roll was taken just
after 1 p.m. last Tuesday. What appeared to be a bipartisan boycott, however,
was actually two separate efforts occurring simultaneously. Republicans
were stalling to try to give Gov. Bob Riley (R) more leverage to revise
the education and operating budgets, while Democrats were stalling in an
attempt to obtain more money for higher education. There were also a few
senators who said they missed roll simply because they were delayed. While
the intentional truants claimed they were using a legitimate tactic to
try to influence the budget process, Lt. Gov. Lucy Baxley (D), who presides
over debate in the chamber, remarked, "The taxpayers got cheated today."
(BIRMINGHAM NEWS)
WASHINGTON PASSES ELECTION REFORMS: Spurred
by a chaotic 2004 gubernatorial race that featured multiple recounts, lost
ballots, votes cast by convicted felons and dead people, and a historic
129-vote victory for Democrat Christine Gregoire -- which is still being
contested in court -- WASHINGTON's Democrat-controlled Legislature passed
a slew of bills directed at improving the state's election system. But
election officials say the changes will do little to prevent a repeat of
last year's spectacle. The most significant bills passed by the Legislature
will require voters to show proof of residency at the polls and mandate
paper trails for electronic voting machines. Some lawmakers weren't overly
impressed even with those measures. Sen. Pam Roach, the top Republican
on the Senate Government and Elections Committee, thought the voter identification
bill didn't go far enough. "You can give them a utility bill," she said.
"I think it's outrageous." For others, a more significant shortcoming of
the election reforms is their failure to move the primary from September
to August, which would have given election officials more time to get absentee
ballots to residents serving in the military overseas. That omission, and
the overall approach lawmakers took to election reform prompted David Olson,
a political science professor at the University of Washington, to remark,
"When I look at what the Legislature did, it had considerable accomplishments
on the small things and shied away from the big issues." And Secretary
of State Sam Reed conceded that while the new laws will resolve many problems,
they probably would not have prevented the 2004 race from being contested
if they'd been in place then. "[In] that close of an election, we're always
going to have warts and glitches," he said. (SEATTLE TIMES)
POLITICS IN BRIEF: FLORIDA's Republican-controlled
House passed an election measure last week that, among other things, would
force voters without ID to vote by provisional ballot and force groups
that bring election lawsuits to pay all legal costs if they lose the case.
Democrats' criticism of the legislation focused on what it failed to do:
require a paper trail for touch-screen voting machines and provide a means
to ease the long lines at polling places during early voting (MIAMI HERALD).
* The Archdiocese of Boston ordered a priest to stop demonstrating outside
the home of MASSACHUSETTS Senate President Robert E. Travaglini (D). The
priest and some of his parishioners had been holding forth out in front
of Travaglini's duplex to protest the lawmaker's support of embryonic stem
cell research (LOS ANGELES TIMES). * An ALASKA lawmaker has introduced
a bill that would allow cities and boroughs with more than 30,000 residents
to compete to host the Last Frontier State Capitol. Based on that requirement,
both Anchorage and Fairbanks would be eligible, along with the current
capital city of Juneau (JUNEAU EMPIRE).
-- Compiled by KOREY CLARK
TOP OF PAGE
Governors
GOVS BATTLE CONGRESS OVER MEDICAID:
A host of governors expressed frustration last week over what
they say are Congressional efforts to use some of their unfinished proposals
for reforming Medicaid as leverage for making massive spending cuts to
the state-federal healthcare program that provides healthcare coverage
to more than 53 million Americans. Congress is currently considering a
Bush administration proposal to cut spending growth on the $330 billion-a-year
program by as much as $45 billion over the next decade. That is devastating
news for states already facing a $1.1 billion cut in matching federal Medicaid
funds over the next two years due to a recalculation of the formula those
funds are based on. That reduction means state coffers will receive millions
of dollars less in 2006-07, placing a heavy fiscal burden on shaky state
budgets. Some states will be hit particularly hard -- PENNSYLVANIA, for
instance, will absorb a $198 million cut in 2007 while NEW MEXICO will
see an $81 million drop in 2006. The possibility of even greater cuts has
governors scrambling to devise cost saving plans that will convince federal
lawmakers to hold off on the Bush proposal. Some reported suggestions being
floated around include higher co-pays for Medicaid recipients, higher state
spending and tax credits for long-term care insurance. Governors are also
considering possible savings through greater efficiency, such as more use
of electronic medical records and state purchasing pools. But while all
of those suggestions are still in the formulation stage, governors say
some Congressional lawmakers are reacting as if they were written in stone,
proposing those and other specific program cuts as they work out the federal
budget. That has led some governors to accuse Congress of "cherry-picking"
their ideas as a way to enact cuts and avoid negotiating long-term reforms
with the governors. "I feel, as a governor, a bit used," said IOWA Gov.
Tom Vilsack (D). That sentiment riled up Congressional House Budget Committee
Chairman Jim Nussle (R), also of Iowa, who claimed that his chamber is
only doing what governors themselves are doing -- looking for a way to
slash Medicaid costs. "I have got proposals here that add up to $8.6 billion
of ideas that the governors have already agreed to as a starting point,"
Nussle said. Not true, governors say, noting that no governor or governor's
organization has presented any formal proposal to Congress. A Nussle spokesman
later admitted that he drew his conclusions based on public comments on
the issue made by VIRGINIA Gov. Mark Warner (D) as well as Congressional
Budget Office figures drawn from President Bush's budget. ARKANSAS Gov.
Mike Huckabee (R) says that is the problem -- Congress is looking at Medicaid
as a budget issue rather than as a healthcare problem. "They've done exactly
what we feared they might. They're looking at a budget number. We're looking
at people." (BOSTON GLOBE, USA TODAY, STATELINE.ORG)
BATTLEGROUND VIRGINIA: Republicans
and Democrats are already gearing up for the VIRGINIA governor's race this
fall, with all signs pointing to a no-holds-barred battle for a state many
see as key to both parties. Last week, the Republican Governors Association
(RGA) officially announced its endorsement of former state Attorney General
Jerry Kilgore, while Democrats have thrown their support to current Lt.
Gov. Timothy M. Kaine. The RGA also created a political action committee
to help finance Kilgore's campaign. NEVADA Gov. Kenny Guinn (R) has promised
the PAC, called Honest Leadership for Virginia, will raise at least $1
million toward the fall election. Democrats have also put their money on
the table by investing $1.5 million in Kaine's campaign. A large chunk
of that -- $35,000 -- came directly from termed-out Gov. Mark Warner (D).
Virginia is coveted by both sides, with Republicans wanting to extend a
recent Southern-states winning streak while Dems are out to prove they
can still take gubernatorial elections in a region that was a Party stronghold
for a century. Virginia and NEW JERSEY are the only states with gubernatorial
elections in 2005. (VIRGINIAN-PILOT [NORFOLK], WASHINGTON TIMES).
GOVERNORS IN BRIEF: CALIFORNIA Gov.
Arnold Schwarzenegger (R) dropped his demand that the state's legislative
and congressional districts be redrawn by next year. Schwarzenegger had
vowed to take the issue to the voters in a special election later this
fall, but now seems willing to work the matter out with the Democrat-controlled
Legislature instead (LOS ANGELES TIMES). * NEW YORK Gov. George E. Pataki
(R) played coy about his presidential aspirations last week, saying he
wants to participate in the "policy debate" during the 2008 presidential
election while not saying whether he would run himself. Pataki said he
is "not thinking along those lines at this point" but is also "not ruling
it out." Several of Pataki's aides were recently seen in IOWA meeting with
local Republican heavyweights, prompting speculation that the governor
is testing the presidential waters there (NEW YORK TIMES, NEWSDAY). * OREGON
Gov. Ted Kulongoski (D) said he plans to bypass the Beaver State Legislature
to ensure that the state adopts CALIFORNIA's tough new auto emissions standards.
Lawmakers in WASHINGTON state also agreed last week to adopt California's
standards, but only if Oregon follows suit (STATESMAN JOURNAL [SALEM]).
* Former NEW JERSEY Gov. James E. McGreevey (D) said he will no longer
perform legal work for the developers of a $1.4 billion retail and entertainment
project that he championed during his time in office. The job was McGreevey's
first since resigning amidst a gay sex scandal last November. Although
no law bars the former governor from working on such a project, a host
of critics complained that McGreevey's affiliation was a clear conflict
of interest. It also spurred acting Gov. Richard Codey (D) to promise to
develop tougher rules regulating governors who have left office (NEW YORK
TIMES).
-- Compiled by RICH EHISEN
TOP OF PAGE
UPCOMING STORIES
Here are some of the stories
you will see in the upcoming issues of the
State Net Capitol Journal:
The spread of CALIFORNIA's
strict new emissions laws
Opting out -- the battle
over No Child Left Behind
How states are dealing
with right-to-die laws after Terry Schiavo
State efforts to stop
credit card solicitation on college campuses
And many more...
TOP
OF PAGE
Hot issues
BUSINESS: The NEVADA Assembly
unanimously approves SB 384, a measure that would prohibit payday loan
companies from making loans of more than 25 percent of a customer's estimated
monthly income. Lenders would be allowed to charge whatever interest rate
they like for the agreed upon term of the loan, but SB 384 would bar them
from charging more than prime plus 10 percent on loans that go beyond that
time frame. It moves to the Senate (LAS VEGAS REVIEW-JOURNAL). * The OKLAHOMA
House endorses legislation that would prohibit beer bars from holding promotions
that feature the sale of an unlimited amount of low-point (3.2) beer for
one fixed price. The proposal would also ban events in which certain groups
or individuals can buy beer at lower prices than are charged to the general
public. It staggers back to the Senate (ASSOCIATED PRESS). * A CALIFORNIA
Assembly committee rebuffs a proposal to allow Golden State farmers to
grow hemp, which can be used to make such consumer products as rope, paper
and clothing. But hemp is also genetically related to marijuana and thus
on the federal Drug Enforcement Agency's list of controlled substances
(CONTRA COSTA TIMES).
CRIME & PUNISHMENT: The GEORGIA
Supreme Court rules a state law barring obscene or indecent telephone conversations
is unconstitutional. The high court said the law violates the First Amendment
because it criminalizes such speech between consenting adults (ATLANTA
JOURNAL-CONSTITUTION). * The GEORGIA Supreme Court also unanimously rules
that police cannot use a search warrant to force Peach State drivers to
submit to a blood alcohol test after an accident. The court ruled that
such use of a warrant would render the state's implied consent law -- which
allows drivers to refuse the test -- meaningless (ATLANTA JOURNAL CONSTITUTION).
* FLORIDA Gov. Jeb Bush (R) signs SB 436, which gives Sunshine State residents
the legal right to use deadly force to defend themselves in their home,
place of business or other public spaces. The measure takes effect October
1 (ST. PETERSBURG TIMES). * A CALIFORNIA Assembly committee rejects SB
718, which would have barred police from engaging in high-speed vehicle
pursuits unless they suspected the driver of having committed a violent
felony. The panel did endorse SB 1015, a bill that would punish anyone
who does flee with a year in jail (SAN DIEGO UNION TRIBUNE). * MONTANA
Gov. Brian Schweitzer (D) signs HB 35, a measure that will add 39 new state
troopers to the Treasure State Highway Patrol. It is the biggest such expansion
since the force was created in 1935 (BILLINGS GAZETTE).
EDUCATION: Community college officials
in GEORGIA announce they will no longer require students to submit SAT
or ACT test scores for admission to two-year degree programs. The state
will instead base admissions on a minimum high school grade-point average.
The decision leaves WISCONSIN as the only state to still require the standardized
test scores for community college acceptance (MACON TELEGRAPH). * ARIZONA
Gov. Janet Napolitano (D) signs HB 2544, which bans the sale of soft drinks,
candy and gum during the school day at all Grand Canyon State elementary
and middle schools (ARIZONA REPUBLIC [PHOENIX]). * KANSAS Gov. Kathleen
Sebelius (D) signs SB 74, a measure that allows university employees to
opt out of the Sunflower State civil service. Education officials say the
new law will allow them to give classified workers pay raises larger than
the 2.5 percent annual boost approved by the Legislature for all state
employees (LAWRENCE JOURNAL-WORLD).
ENVIRONMENT: WYOMING wildlife officials
revise the state's grizzly management plan to include a possible cap on
bear population and to clarify that efforts will be made to stop grizzlies
from inhabiting areas with large human populations. The U.S. Fish and Wildlife
Service is considering handing grizzly management over to state wildlife
agencies in Wyoming, MONTANA and IDAHO as early as this fall. Federal officials
must first approve any state plan (BILLINGS GAZETTE). * In an effort to
thin the state's rapidly expanding deer herd by 25 percent over the next
four years, the IOWA House and Senate endorse SF 206, a measure that would
increase the number of free hunting licenses handed out to land owners
and other Hawkeye State residents. The bill moves to Gov. Tom Vilsack (D),
who is expected to sign it into law (DES MOINES REGISTER).
HEALTH & SCIENCE: The IOWA Senate
endorses SF 420, which would require health insurers to cover mental illnesses
in the same way they cover physical ailments. It heads to Gov. Tom Vilsack
(D), who has said he will sign it into law (DES MOINES REGISTER). * MISSOURI
Gov. Matt Blunt (R) signs SB 539, legislation that cuts the Show Me State's
Medicaid coverage to the minimum level required by the federal government.
The bill, which takes effect in August, could remove as many as 100,000
people from the state's health insurance plan (ST. LOUIS POST-DISPATCH).
* A CALIFORNIA Assembly committee kills AB 1670, a measure that would have
required every resident to carry basic health care insurance that would
cover catastrophic care and various preventative measures (SACRAMENTO BEE).
HOMELAND SECURITY: The NEVADA Senate
endorses SB 115, a proposal to allow local governments and some advisory
boards to hold closed meetings to discuss homeland security and terrorism.
It heads to the Assembly (NEVADA APPEAL [CARSON CITY]). * A CALIFORNIA
Senate committee kills SB 508, a proposal to increase the penalties for
selling fake drivers' licenses (POLITICAL PULSE [SACRAMENTO]).
SOCIAL POLICY: A CALIFORNIA Assembly
committee endorses AB 19, a measure that would allow Golden State gays
and lesbians to legally marry. It moves to another committee (SAN JOSE
MERCURY NEWS). * The WASHINGTON Senate rejects legislation that would have
barred discrimination based on sexual orientation in housing, employment,
contracting and public accommodations. The measure had previously passed
in the House (SEATTLE POST-INTELLIGENCER). * CONNECTICUT Gov. M. Jodi Rell
(R) signs legislation that allows same-sex partners to enter into civil
unions that grant nearly all of the rights and responsibilities of marriage.
The Constitution State becomes the second in the nation -- VERMONT
was first -- to allow civil unions (HARTFORD COURANT). * INDIANA Gov. Mitch
Daniels (R) signs a bill that requires abortion providers to inform women
about the availability of ultrasound imaging and the ability to hear fetal
heartbeats before carrying out the procedure (NEWS SENTINEL [FORT WAYNE]).
* A TEXAS House committee approves a measure that would require young women
to get the written consent of their parents or legal guardian before having
an abortion. It heads to another committee (HOUSTON CHRONICLE).
POTPOURRI: COLORADO Gov. Bill Owens
(R) signs legislation that prohibits newly licensed teen drivers from having
any passengers younger than 21 in the vehicle for the first six months
unless there is also a licensed adult driver in the car. Violators are
subject to a fine and community service (DENVER POST). * IOWA Gov. Tom
Vilsack (D) signs legislation raising the Hawkeye State speed limit to
70 mph on rural interstate highways (QUAD CITY TIMES).
-- Compiled by RICH EHISEN
TOP OF PAGE
UPCOMING ELECTIONS
(04/13/2005 - 04/27/2005):
No Elections scheduled
TOP
OF PAGE
Once around the statehouse lightly
SPENDING SPREE. If polls
are any indication, most citizens think that government ought to fork over
whatever it takes to educate their kids. But a story last week in the Milwaukee
Journal Sentinel may cause a few folks to question that conventional wisdom.
At least, in some parts of WISCONSIN. Seems that the Muskego-Norway School
District spent $51,000 on big-screen plasma TVs and $191,250 on "aesthetically
pleasing brick and hallway doors" for the local high school. The money
was apparently part of a surplus left over after the district financed
a $36 million renovation project with the sale of bonds. A school official
said he was proud of the way the district spent the bond money. Taxpayer
groups were not amused.
DEBATE OF THE WEEK took place in
the FLORIDA Legislature where, the St. Petersburg Times reports, state
House members argued a dicey question: Is it better to allow diners to
a) take left-over wine home in a "doggie bag" or, b) cause them to chug
down that last half carafe and then get behind the wheel? The state Senate
already has opted for Plan B. The bill, called "Merlot to go," is especially
aimed at couples that can't agree on the proper wine to order with dinner.
He wants a red; she wants a white - and they both end up either leaving
expensive grog on the table or serving as a poster child for DUI.
GARFIELD'S LAMENT. Official word
from the WISCONSIN Conservation Congress: Open season on feral cats. As
the Los Angeles Times reports, congress members voted overwhelmingly to
lump cats in with skunks and gophers as fair game for Badger State hunters.
Not that Wisconsinites now can blast away. The state Natural Resources
Board must decide whether to ask the Department of Natural Resources to
request a change from the Legislature. Also still to be decided: How, exactly,
does one identify a feral cat? No visible means of support? Too many displays
of unchecked testosterone? A bad disposition?
HOLD THE NUPTIALS, PLEASE. If some
TENNESSEE lawmakers have their way, state House Speaker Jimmy Naifeh will
face one tough decision: Resign, divorce, or force his wife to quit her
job. According to the Nashville Tennessean, the Volunteer State Legislature
is trying to pass a new set of ethics regulations, and one variation would
ban lawmakers and members of the governor's cabinet from being married
to lobbyists. Naifeh's wife is a lobbyist, as are the spouses of one other
lawmaker and two members of the cabinet. This renewed interest in ethics
is driven by allegations of a cosmic lapse: state Senator John Ford's acceptance
of $237,000 in consulting fees from a firm that does business with a health-care
program the senator helps oversee. The bill could be amended to ban lawmakers
from voting on legislation lobbied by their spouses. On the other hand,
if passed as written, it will help answer one searing question: Which does
Naifeh love most - his job or his wife?
"THE LAW IS A ASS" DEPT. It's one
thing to adhere to the letter of the law. It's quite another to apply the
law so inflexibly as to render it pointless. Such was the case in NEW JERSEY
last week when, as the Newark Star-Ledger reports, an 87-year-old woman
was arrested for carrying a gun into a courthouse. No, the woman did not
pull her gun or try to free her aging spouse or comport herself in any
way that might be construed as reckless. In fact, the gun was still in
its original box. But as the local sheriff noted, "We had no choice. We
felt bad about it. But there was nothing we could do." Uh, confiscate the
weapon and go about the rest of your day? Ask her to leave? Apply a little
common sense? Nah, requires too much brain work.
-- By A.G. BLOCK
TOP OF PAGE
In
The Hopper
State Net tracks
tens of thousands of bills in all 50 states and Congress at any given time.
Here's a snapshot of what's in the legislative works:
Number of 2005 prefiles
last week: 117
Number of 2005 Intros
last week: 3,306
Number of bills enacted/adopted
last week: 1,717
Number of 2005 prefiles
to date: 31,704
Number of 2005 Intros
to date: 136,707
Number of enacted/adopted
overall in 2005: 18,746
Compiled
By GINA HUMMELL | Data current as of 4/28/05 | Source: State Net
database
TOP OF
PAGE
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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
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