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States in running for Innovation awards

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States have for decades had the option to bypass federal automotive emissions standards for harsher regulations imposed by CALIFORNIA. But California's strict new greenhouse gas regulations have some states wondering which way to go.  
 

California emissions laws speed toward rest of the country

When CALIFORNIA adopted stringent new tailpipe emissions standards in 2004, it marked the most significant effort to date by Golden State lawmakers to counter the negative side effects of its unique car culture. And, much to the chagrin of automakers worldwide, it also started yet another vehicle emissions movement that is slowly gaining traction in states across the nation. 

 California is home to more than 24 million vehicles and accounts for 12 percent of all new cars sold in the United States. Perhaps not surprisingly, it also has some of the worst air quality in the nation. The federal government acknowledged this fact decades ago by granting the state the authority to set tailpipe emissions standards that supersede those of the federal government. Since then, all other states except NORTH DAKOTA, SOUTH DAKOTA, NEBRASKA, KANSAS, OKLAHOMA, IOWA and WEST VIRGINIA have also been given the option of adopting California's tougher regulations. In recent years, eight states -- NEW YORK, NEW JERSEY, MASSACHUSETTS, CONNECTICUT, RHODE ISLAND, MAINE, WASHINGTON and VERMONT -- have elected to do so. 

    But those regulations concentrate on smog-causing emissions, not greenhouse gases like carbon dioxide and other heat-trapping pollutants that some critics say are major contributors to global warming. Curbing those emissions was the major impetus for the international Kyoto Protocol, crafted in 1997 by the United Nations. Although the European Union and virtually every other industrialized nation in the world supported the Protocol, President George Bush never did, and Kyoto became effective in February of this year without U.S. participation. 

    In response to what they viewed as a federal failure to address the issue, California took matters into its own hands in 2002 by passing legislation mandating drastic cuts in greenhouse gas emissions by 2016. The California Air Resources Board (CARB) gave that law teeth last year by adopting regulations that require automakers to gradually cut greenhouse gas tailpipe emissions by 30 percent, starting with all new passenger vehicles and light duty trucks sold in 2009. And, as with previous emissions standards, other states are starting to follow. 

    Washington last week became the first to adopt California's new code when Gov. Christine Gregoire (D) signed House Bill 1397 into law. Gregoire lauded the bill and its potential impact on pollution levels across the West Coast. 
    "The Clean Car Act is the most important environmental legislation so far this decade," Gregoire said in a statement after signing the measure. "We are pleased to join with the other West Coast states in taking this action because it symbolizes our joint commitment to reduce the pollutants that are contributing to global warming."

    HB 1397, however, contains two significant caveats, the first being the eradication of one of the California statute's key elements -- the mandate that 10 percent of all new vehicles sold in 2016 be of the "super-clean-running" zero-emissions type. The measure also requires that OREGON also adopt the California standards before HB 1397 can go into effect in Washington. 
    So far, the second element has not come to pass, as Oregon Senate Bill 344 has languished in committee since January. Oregon Gov. Ted Kulongoski (D) actually has the authority to implement the standards without legislative approval, but has so far opted to let the measure go through lawmakers. Gregoire, however, noted that Kulongoski has assured her that the Beaver State will come on board. 

    But all of this could be for naught, pending the outcome of a lawsuit from a coalition of California auto dealers and the Washington D.C.-based Alliance of Auto Manufactures (AAM). The group is challenging California's new regulations in federal court, claiming the only method for achieving the CARB goals is to improve fuel economy, which California is not authorized to do. The National Highway Traffic Safety Administration (NHTSA), they say, has the sole authority to set fuel economy standards.

    Money is also at the heart of the matter. CARB estimates that new emission equipment necessary to meet California standards will add approximately $1,000 to the cost of each new vehicle sold in participating states, a figure AAM says is dramatically lower than what actual costs will be. 

    "Vehicle buyers would pay an average of $3,000 per vehicle, perhaps more, as CARB did not take into account the research and development costs," says AAM spokesperson Eron Shosteck. An AAM study of CARB's calculations found that CARB had made a 30 percent reduction in their own contractors' cost estimates based on "staff experience" and "unforeseen innovations." 
    Opponents also question the validity of the scientific data that has spurred the effort to quell greenhouse gases. This conflict creates a challenge to legislators in all states with an option to follow California's lead.

    CARB relied on the United Nations, Intergovernmental Panel on Climate Change (IPCC) to justify this new round of automotive clean air regulations. The IPPC states that "the global climate is changing at a rate unmatched in the past one thousand years...most of the global warming observed over the last fifty years is attributable to human activities." 

    These IPCC conclusions are based on a climate model developed in 1998 by geo-scientist Michael Mann and colleagues. This model produced the famous "hockey stick," a straight shaft of stable temperatures a thousand years long, with a recent fifty-year blade of rapidly rising global temperatures. This hockey stick has become the visual metaphor for global warming in books, newspapers, and museum tours. 

    Many climatologists realize that computer models are just simplified mirrors of the real world, which cannot match real world complexity. The National Research Council, for example, says "Because climate is uncontrollable...the models are the only available experimental laboratory for climate...However, climate models are imperfect. Their simulation skill is limited by uncertainties in their formulation, the limited size of their calculations, and the difficulty of interpreting their answers that exhibit almost as much complexity as in nature."  

    In addition to the uncertainty of climate modeling, Canadian scientists Stephen McIntyre and Ross McKitrick last year found a mathematical flaw in Mann's computer program used to produce the hockey stick. The model produces the same rapid increase in temperatures over the past 50 years, when test data made up of random numbers was used in place of Mann's climate proxy data files derived from tree ring growth patterns. The Canadian review team also found errors in the tree ring data representing the 15th Century. Once corrected, Mann's model shows higher temperatures were present 500 years ago, when Greenland was warm enough to support colonies of Norsemen. 
    Those uncertainties have naturally created something of a "he said, she said" debate among advocates on both sides. But while scientists openly joust, few contest that carbon dioxide levels are on the rise.  

    "With or without cars and trucks in the United States, the concentration of carbon dioxide will double this century," says Robert Balling, Director, Office of Climatology, Arizona State University.  

    CARB acknowledges that fact, noting that "gas emissions from California light duty vehicles are a small fraction of the global total...and will not solve the global climate change problem." At the same time, CARB believes they have a "long-standing technology-forcing role...where other jurisdictions have adopted motor vehicle controls that were pioneered in California." CARB believes that other jurisdictions will add "momentum to the existing initiatives that are underway around the globe."

    This momentum can only be sustained by consumer acceptance of these new regulations. However, consumer knowledge and acceptance of global warming issues varies widely according to polls and studies. A 2004 Public Policy Institute of California study, for instance, found 81 percent support for CARB's greenhouse emissions regulations in California. A 2001 Gallup Poll found that nationally global warming "ranked well below several other environmental issues in the survey: water pollution, air pollution and toxic waste." Only 33 percent told Gallup they worry about global warming.

    California's effort to gain the support of non-Western states is also producing mixed results. Although New York has said it will also soon adopt California's standards, it hasn't done so yet. MARYLAND, the only Northeastern state to put the issue to a vote so far, chose not to follow California's lead, allowing Senate Bill 366, legislation that would have adopted the California standards, to die in committee in March. The House withdrew HB 564, a companion bill. 

    States have long been playing follow-the-leader with California in addressing car-related pollution issues. California established the world's first air pollution control agency, the first regulations on carbon monoxide and the first mandatory automotive catalytic converter program, all of which other states soon adopted on their own. Whether more states follow suit now in battling carbon dioxide will likely depend on the result of the pending litigation, which is not expected to be resolved for a while.
        

-- by RUSS STEELE

Russ Steele is a regular contributor to the State Net Capitol Journal. He is a former automotive electronics strategic planner. State Net Capitol Journal Editor Rich Ehisen also contributed to this story. 
 

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Bird's eye view

States take aim at Internet hunting

The Internet allows people to do almost anything from the comfort of their home - talk on the phone, conduct business and shop to name just a very few. But a new Internet business called "Live-Shot" has states scrambling to stop one use of technology dead in its tracks. Live-Shot is a TEXAS-based company that allows people to track and shoot live animals with a real gun via the use of their computer keyboard. Although the company says Internet hunting is a boon to the disabled, many lawmakers don't see it that way. To date, MAINE, TENNESSEE and VIRGINIA have already passed legislation banning the practice, with 16 more - including Texas - considering a ban of their own. The accompanying map shows those states. 
 

-- By RICH EHISEN

 

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Budget & taxes

CELL PHONE TAX SURGE: There's no denying that cell phones are on the rise in America. According to the Federal Communications Commission, the number of cell phone subscribers increased from 109 million to 182 million between 2000 and 2004. Meanwhile, land-based phone use has been declining -- from 167 million to 132 million over the same period -- and state and local telecom tax revenue along with it. And those opposing trends have state and local governments scrambling to impose new cell phone taxes to recoup their losses. MISSOURI is currently considering a 3 or 4 percent cell phone tax and OREGON is weighing a 5 percent tax, while thirty-two of VIRGINIA's 39 cities have levied cell phone taxes since the Old Dominion State Legislature gave them the authority to do so in 2003. Wireless companies contend they shouldn't be taxed because they are not monopolies and don't use public rights of way for phone lines. "The wireless industry has never been a utility and shouldn't be treated that way," says Joseph Farren, spokesman for CTIA-The Wireless Association. But that's not the way state and local governments see it, at least not since PENNSYLVANIA approved a 5 percent cell phone tax in 2003, Farren said. Indeed, Independence, Missouri City Councilman Jason White, who's watched his town's land-line phone tax revenue decline from a peak of $2.4 million in 2002 to a projected $1.75 million next year, said, "A cell phone company doing business in our community should pay the same taxes." As he sees it, "A phone is a phone is a phone." (USA TODAY) 

PROGRESS ON TX SCHOOL FUNDING FRONT: The TEXAS Senate approved a tax swap plan last week that will lower local school property taxes by $6 billion over two years in exchange for higher state taxes. The measure was approved early last Wednesday morning, after seven hours of debate and a couple of major changes: the removal of a controversial proposal to replace local property taxes with a lower, state property tax and the restructuring of a new business tax that was strongly opposed by the business community. The changes bring the Senate's plan more into line with the tax swap proposal approved by the House last month, but some are still predicting the session will end without a new school funding plan. On top of significant differences that still remain between the House and Senate measures, both have been drawing fire over the last couple of weeks as a result a report by the Legislative Budget Board indicating they would provide a net tax cut only for residents with annual incomes over $140,000. (HOUSTON CHRONICLE, DALLAS MORNING NEWS 

BUDGETS IN BRIEF: NEW HAMPSHIRE has proposed requiring its poorest residents -- even those with no income at all -- to pay for their Medicaid coverage. Supporters say that tough financial times call for tough measures, while advocates for the poor are asking the obvious question -- where are individuals with zero income supposed to come up with the $10-to-$60 monthly premium lawmakers are considering? The move would require federal approval, since federal Medicaid law currently exempts the poor from having to pay for coverage (UNION LEADER [MANCHESTER]). * Last Monday, NEW YORK's Republican-controlled Senate overrode Gov. George Pataki's (R) veto of a bill needed to implement a constitutional amendment giving the Legislature more power over the budget process. The move brings the state a step closer to a November showdown between the two branches of government in which the voters would have the final say (TIMES UNION [ALBANY]). * The LOUISIANA House Ways and Means Committee unanimously approved Gov. Kathleen Blanco's (D) proposal to increase the tax on cigarettes from 36 cents to $1.36 to provide money for teacher raises and health care needs. If the measure -- HB 437 -- passes, the Pelican State will have the 11th-highest cigarette tax in the nation (TIMES-PICAYUNE [NEW ORLEANS]). * Last week, MISSISSIPPI became the first state to settle its tax claim with the former WorldCom, agreeing to accept $100 million of the $1 billion in back taxes it was seeking. Several of the 17 states where WorldCom subsidiaries were located have also filed lawsuits, alleging that the subsidiaries illegally deducted royalty payments from their taxable income figures (CLARION-LEDGER [JACKSON]). * PENNSYLVANIA voters will be asked tomorrow to allow the state to borrow $625 million for Gov. Ed Rendell's (D) "Growing Greener II" program, which provides for the preservation of farmland and historic sites and the cleanup of streams contaminated by acid mining (PATRIOT NEWS [HARRISBURG]). * WASHINGTON Gov. Christine Gregoire (D) signed legislation last Monday that will incrementally increase the state's gas tax by 9.5 cents per gallon over the next four years to provide $8.5 billion in funding for transportation projects. The first increase in the tax -- a 3-cent jump -- will take effect in July (SEATTLE TIMES).  
 

-- Compiled by KOREY CLARK

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Politics & leadership

STATES IN RUNNING FOR INNOVATION AWARDS: Four state-run programs are top contenders this year for government's version of the Oscars: the Innovations in American Government Awards. The awards are given out annually by the Ash Institute for Democratic Governance and Innovation at Harvard University's Kennedy School of Government and the Council for Excellence in Government to the most novel, effective and replicable local, state and federal solutions to major governmental problems. More than 1,000 programs were considered before being whittled down to 18 finalists for the coveted award. Four state programs are among those making the cut: IOWA's Charter Agencies program, which grants government divisions that agree to measurably cut spending or increase revenue greater control over their procurement and information technology decisions; RHODE ISLAND's Metropolitan Regional Career and Technical Center, or "The Met," a high school that develops individualized curriculum for each of its students; VERMONT's Housing and Conservation Board, which fosters affordable housing development while preserving historic properties and natural areas; and WASHINGTON's Priorities of Government budgeting approach, which utilizes teams of private- and public-sector executives to help make spending decisions that are beneficial for all of the state's residents. Five winners will be announced at an awards ceremony on July 27 in Washington, D.C. Each of those programs will receive a $100,000 grant. (STATELINE.ORG) 

AT THE POLLS: NEW YORK Assemblywoman Catharine Young (R) moved up to the Senate last Tuesday, defeating real estate executive Nancy Gay Bargar (D) in a special election to fill a vacancy in the 57th Senate District created by the death of Patricia McGee (R) last April from lung disease. Meanwhile, Andrew Hevesi (D), the son of State Comptroller Alan Hevesi, defeated Queens assistant district attorney Anthony Como (R) in a special election to fill the 28th Assembly District seat vacated by Michael Cohen (D), who resigned last March, citing "family obligations" (ASSOCIATED PRESS, TIMES UNION [ALBANY], NEW YORK POST, NEW YORK TIMES). 

SINE DIE: With the governor's office and all 100 seats in the House of Delegates up for grabs in November, VIRGINIA's 2005 legislative session was very much an election-year session. For one thing, lawmakers managed to avoid a repeat of last year's ugly battle over the budget and taxes, which kept the General Assembly in session two months past its scheduled adjournment date. Instead, the state's improving economy and the tax increases ultimately passed last year created a $1.2 billion budget surplus that lawmakers -- especially House members -- sought to take full political advantage of. They haven't missed an opportunity to tout their passage of an $848 million transportation package, wanting to make sure their constituents get the message they're not ignoring a growing problem in the state. They also made good on a decades-old promise to lower the sales tax on groceries; the levy will drop from 4 percent to 2.5 percent on July 1. One of their few notable non-fiscal achievements was the passage of a bill granting public colleges more control over their tuition rates and campus development projects, in exchange for expanding their enrollment. Election-year politics also played a role in the House passing a number of divisive social measures. The bills included various restrictions on abortions and a constitutional amendment protecting prayer in public schools. But the most notable by far was a bill imposing a $50 fine on anyone who wears their pants so low that their underwear shows in a "lewd or indecent manner" -- the infamous "droopy drawers bill." All of these measures, however, were killed off by a more moderately-inclined Senate, whose members do not face re-election this year and whose patience appears to have been thoroughly tested by their counterparts in the lower chamber. "The session has been about the re-election of the House, but the Senate behaved in a way that showed it was more concerned with the welfare of the citizen rather than personal aggrandizement," said one senator (VIRGINIAN-PILOT). * The MARYLAND General Assembly's 2005 legislative session may be more notable for what didn't pass than for what did. For the third year in a row, legislation to allow slot machines in the Old Line State failed to survive the session, although it did manage to get farther this year as the House passed a slots bill for the first time. A proposal by Gov. Robert Ehrlich Jr. (R) to grant military veterans a tax credit also failed, according to the governor, simply because his name was on it and the Legislature happens to be controlled by the Democrats. Lawmakers did manage a few notable accomplishments, however, including providing $250 million in funding for education, establishing a tax credit for investment in biotechnology, restricting cell phone usage by young drivers, granting certain property and medical decision-making rights to same sex couples and requiring retailing giant Wal-Mart to pay health benefits to all of its employees (NBCR.COM, NBC5.COM). * HAWAII's Republican Gov. Linda Lingle and Democratic leaders of the Legislature said efforts to improve cooperation this year produced some successes. One of them was an $8.9 billion budget that included pay raises for state employees. Another was an increase in the conveyance tax on real estate sales over $600,000 to provide money for land conservation and affordable housing. The bipartisan effort also produced a bill allowing counties to tack a surcharge on the state's 4 percent general excise tax to increase funding for a new rail system on the island of Oahu and other transportation projects. But the session also had its share of failures, including measures to publicly fund political campaigns, increase the state's standard income tax deduction and provide a tax credit for the purchase of long-term care insurance. And Lingle vetoed a bill that would have enabled 18-to-20-year-olds to drive commercial tour vehicles. But overall, Lingle said she thought it was "a pretty good session." And House Speaker Calvin Say (D), who has been highly critical of the governor at times, said, "We worked well together, and a great deal of the bills passed were administration bills" The executive and legislative branches may want to enjoy all of the goodwill while they can; it could be much harder to come by next year, when Lingle is up for re-election (HONOLULU STAR-BULLETIN, ASSOCIATED PRESS, KHNL.COM). 

POLITICS IN BRIEF: Petitions to qualify eight CALIFORNIA ballot initiatives were filed by last Tuesday's unofficial deadline for a November special election that Gov. Arnold Schwarzenegger (R) has yet to officially call. The measures include three backed by the governor that would lengthen the time requirement for public school teacher tenure, curb state spending and take redistricting authority away from the Legislature. Groups aligned with Democratic lawmakers and organized labor, meanwhile, have submitted signatures for initiatives that would lower prescription drug prices and re-regulate the energy industry, measures that were passed by the Democrat-controlled Legislature last year only to be vetoed by Schwarzenegger (SACRAMENTO BEE, LOS ANGELES TIMES). * FLORIDA lawmakers voted last week to do away with the state's traditional second primary, or runoff election and, at the same time, agreed to raise the spending cap on gubernatorial elections from $6.3 million to $20 million and to allow Cabinet candidates to spend up to $10 million (MIAMI HERALD). * Former Chicago Bears placekicker Robert Thomas was selected last Tuesday to be the new chief justice of the ILLINOIS Supreme Court. Thomas will replace outgoing Chief Justice Mary Ann McMorrow, the first woman to hold the post (CHICAGO TRIBUNE). * ALASKA Gov. Frank H. Murkowski (R) called lawmakers into special session immediately upon conclusion of the regular session last week to complete work on the state's construction budget and several other controversial issues, including the public employee retirement system and workers' compensation reform (JUNEAU EMPIRE, ANCHORAGE DAILY NEWS). * MISSISSIPPI Gov. Haley Barbour (R) told lawmakers last Tuesday that he intends to call them into special session this week to pass a state budget, approve bond bills and consider a handful of other issues (CLARION-LEDGER [JACKSON]). 
 

-- Compiled by KOREY CLARK 

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WANG PLAYS ROLE IN VA GOV RACE: Fighting over what a politician says is par for the course during any political campaign. But for VIRGINIA gubernatorial candidate Jerry Kilgore, the issue isn't just the content of his words, but how he says them. Kilgore, a Republican born and bred in the hill country of southwest Virginia, last week accused his Democratic rival -- Lt. Gov. Timothy Kaine -- of mocking his distinctive Appalachian lilt in ads he says are aimed at dividing voters along regional lines. It is a touchy issue for an area long known for regional rivalries in which the players are clearly identified by their accent. At the heart of Kilgore's complaints are ads run by the Kaine camp calling for Kilgore to use his own voice in his political advertisements. The Kaine campaign also posted a clip of Kilgore speaking on its Web site. Kilgore immediately fired back, placing ads in local papers with headlines like "Liberal Tim Kaine Mocks Rural Virginia." Kilgore campaign spokesperson Tim Murtaugh said the intent behind Kaine's ads was clear. "Why would they be so anxious to have people hear his voice? There is no other explanation other than that they are trying to draw attention to his accent." The Kaine campaign denies the charge. "All we're saying is that if Jerry Kilgore is going to run ads attacking Tom Kaine, he ought to be standing by them and using his own voice. That's the point of those ads -- nothing more." Kilgore remains unconvinced. (WASHINGTON POST)

GOVERNORS IN BRIEF: ARKANSAS Gov. Mike Huckabee (R) has written a book aimed at helping people to lose weight. Huckabee recently lost over 100 pounds after being diagnosed with diabetes. The tome, published by a division of Time-Warner, was released last week and contains his personal 12-step program for weight loss (ASSOCIATED PRESS). * VERMONT Gov. James Douglas (R) announced he will not seek the U.S. Senate seat currently held by his close friend Sen. James Jeffords (R), who is retiring at the end of his term (RUTLAND HERALD). * WISCONSIN Gov. Jim Doyle (D) reached an agreement with lawmakers to enact a two-step minimum wage increase that will ultimately hike the Badger State rate to $6.50 per hour. The new rate would take effect July 1 (MILWAUKEE JOURNAL-SENTINEL). * COLORADO Gov. Bill Owens (R) last week reunited with his estranged wife. Owens has faced extreme criticism from some religious advocates who claimed his marital issues should  disqualify him as a potential Republican Party leader and possible presidential candidate (DENVER POST). * A SurveyUSA study showed that MAINE Gov. John Baldacci's approval rating has dropped to just 37 percent. That is down from a high of 70 percent in February (BANGOR DALY NEWS).  

-- Compiled by RICH EHISEN 

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UPCOMING STORIES

Here are some of the stories you will see in the upcoming issues of the 
State Net Capitol Journal: 

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...

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BUSINESS: The MICHIGAN House and Senate approve legislation that would make it much harder for retailers to sell or rent sexually explicit video games to minors. The House voted unanimously to place video games under the Wolverine State's obscenity statutes, making their sale akin to distributing pornography. A Senate panel simultaneously endorsed a measure that would ban the sale of such games to anyone under 17 years of age. Gov. Jennifer Granholm (D) says she will sign both measures if they get to her desk (DETROIT FREE PRESS). * The OREGON House endorses legislation that exempts gun makers and sellers from being sued for damages when those guns are used illegally. The measure shoots off to the Senate (STATESMAN JOURNAL [SALEM]). 

CRIME & PUNISHMENT: The OHIO House endorses a measure that would require judges deciding bail in domestic violence cases to consider the offender's background and severity of the crime in setting the bail amount. It goes to Gov. Bob Taft (R) for review (DAYTON DAILY NEWS). * INDIANA Gov. Mitch Daniels (R) signs SB 444, which requires Hoosier State pharmacies to place all ephedrine- and pseudoephedrine-based cold and allergy products either behind the sales counter or under constant video monitoring. Purchasers must also sign a state log book. The measure is intended to reduce the growth of illegal methamphetamine labs, which often use store-bought ephedrine-based cold and allergy medications to make meth (FORT WAYNE GAZETTE). * The CONNECTICUT House overwhelmingly approves a bill that makes it a felony punishable by up to five years in prison to assault a sports official. Such attacks are currently only a misdemeanor. The measure, which applies only to amateur officials, moves to the Senate (HARTFORD COURANT). 

EDUCATION: The DELAWARE House gives a passing grade to legislation that replaces the state's three-tiered high school diploma system with single-diploma program. The measure graduates to the Senate (DELAWARE STATE NEWS). * The ARIZONA Senate issues final rejection to a measure that would have allowed some state community colleges to grant four-year degrees. Lawmakers said the plan was too costly and unnecessary (ARIZONA DAILY STAR [TUCSON]). * A MAINE Senate panel just says no to legislation that would have placed more emphasis on abstinence in sex education in Pine Tree State high schools. The panel said abstinence already has a significant role in the program (KENNEBEC JOURNAL). 

ENVIRONMENT: WASHINGTON Gov. Christine Gregoire (D) signs HB 1397, legislation that adopts CALIFORNIA emissions standards in the Evergreen State. OREGON must also approve similar standards in order for the Washington statute to take effect (SEATTLE POST-INTELLIGENCER). * NEW HAMPSHIRE Gov. John Lynch (D) signs a bill that bans the fuel additive MTBE, which has been linked to groundwater and well contamination in the Granite State. The law takes effect in 2007 (NASHUA TELEGRAPH). * MAINE Gov. John Baldacci (D) signs a measure that bans remote-control hunting in the state. The Pine Tree State becomes the third to pass legislation barring the practice, which allows a person to shoot live game from a remote spot using a computer (PORTLAND PRESS HERALD). 

HEALTH & SCIENCE: Promising to streamline health care and reduce patient costs, KANSAS Gov. Kathleen Sebelius (D) signs a bill consolidating seven state health programs under the newly created Kansas Health Care Policy Authority. It goes into effect July 1 (LAWRENCE JOURNAL-WORLD). * GEORGIA Gov. Sonny Perdue (R) signs legislation that bars smoking in most Peach State public buildings. The bill exempts some bars and restaurants that do not admit people under 18 (ATLANTA JOURNAL-CONSTITUTION). * The TEXAS House unanimously approves a measure that would require those exposed to asbestos to meet certain requirements, such as a chest X-ray or other tests, before they could sue over the contamination. It moves to Gov. Rick Perry (R) (SAN ANTONIO EXPRESS-NEWS). 

HOMELAND SECURITY: The TEXAS House gives the okay to HB 2337, a measure that would require public safety officials to establish an image verification system for driver's license photos. The measure would also establish a state database containing extensive identifying details of all current state license holders (SAN ANTONIO EXPRESS-NEWS). * The NEW YORK Supreme Court tosses out a 2002 law that denies driver's licenses to immigrants who cannot prove they are in the U.S. legally. State DMV officials say they will appeal the ruling (NEW YORK TIMES). * The ARIZONA Senate endorses SB 1306, which grants local police officers the power to enforce federal immigration laws by arresting and deporting illegal immigrants. The bill moves to Gov. Janet Napolitano (D) (ARIZONA REPUBLIC [PHOENIX]). * Still in ARIZONA, the Senate also approves HCR 2028, which would deny bail to illegal immigrants arrested in the Grand Canyon State. It returns to the House (ARIZONA DAILY STAR [TUCSON]). 

SOCIAL POLICY: A CALIFORNIA Assembly committee rejects a proposal to ban gay marriage in the Golden State. The measure would have also stripped away most of the rights currently held by domestic partners. An identical proposal was also rejected in the Senate (WASHINGTON POST). * ARIZONA Gov. Janet Napolitano (D) vetoes SB 1167, which would have required Grand Canyon State government workers to conduct all official duties in English. Napolitano said the measure did nothing to help non-English speakers learn to speak the language (ARIZONA REPUBLIC [PHOENIX]). * A LOUISIANA Senate committee signs off on SB 40, which would prohibit the removal of feeding tubes from some critically injured or mentally unresponsive patients. It moves to another committee (NEW ORLEANS TIMES-PICAYUNE). * GEORGIA Gov. Sonny Perdue (R) signs a measure that will force Peach State women seeking an abortion to wait 24 hours before having the procedure done (ATLANTA JOURNAL-CONSTITUTION). 

POTPOURRI: The NEVADA Assembly unanimously approves AB 123, which bars anyone younger than 18 or who has been in a mental health facility from possessing a stun gun. It heads to Gov. Kenny Guinn (R) for consideration (NEVADA APPEAL [CARSON CITY]). * GEORGIA Gov. Sonny Perdue (R) signs legislation that would require teens to take a special driving course or wait until they turn 17 to get a driver's license (ATLANTA JOURNAL-CONSTITUTION).
 
 

-- Compiled by RICH EHISEN

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UPCOMING ELECTIONS (05/12/2005 - 06/02/2005):

05/17/2005  Pennsylvania  Special Election
    Senate  004, 042

05/21/2005  Louisiana  Special Election
    Senate  003

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GOVERNOR(S) MOONBEAM. Three decades ago, CALIFORNIA elected a governor who became a quirky political celebrity and who earned the nickname "Governor Moonbeam." That would be Democrat Jerry Brown, the current mayor of Oakland and a candidate for state attorney general in 2006. Now, another Golden State governor -- himself something of a political (and otherwise) celebrity -- has been the subject of a new moonbeam joke. According to Reuters, someone impersonating Arnold Schwarzenegger appeared on Howard Stern's syndicated radio show and proclaimed that the governor wanted to eliminate the moon. The reason, said the fake Arnold, was to make women "stop bitching and whining" because "menstrual cycles are governed by the moon" and doing away with the heavenly orb would prevent PMS. It was a funny bit -- had it stopped there. Unfortunately, another screaming head -- former Congressman Joe Scarborough -- reported it on MSNBC as coming from the real Arnold. About 11 days later, Scarborough admitted that he'd been duped by the impersonator, but not before Democrats in the California Legislature -- taking their cue from Scarborough -- began circulating the comments as "real Arnold." 

PARDON OF THE WEEK. Sometimes, a legislature has to step in to pardon a state's most egregious outlaws. And so it was recently in FLORIDA, the St. Petersburg Times reports, when lawmakers came to the rescue of nursing-home residents who wanted to arrange their furniture as they see fit. Seems a whole gang of eighty-somethings were violating Florida law by pushing their beds against the wall in order to make room for other furniture. That practice was a no-no in the Sunshine State, where the state's fire code required that nursing homes mimic hospital décor to provide space on both sides of a bed for doctors, paramedics, whomever. Recently, state regulators were cracking down, citing nursing home operators for violations of a rule that could only have come from the Ministry of Silly Walks. Now thanks to an attentive Legislature, residents can place their beds wherever they bloody well want to place them -- as long as the arrangement doesn't pose a safety hazard.

A NEW AMUSEMENT PARK. If a professor from MICHIGAN is correct, some hard-edged entrepreneur may be able to establish a new amusement park within the confines of Yellowstone Park. Name: CrimeLand. The opportunity arises, reports The Washington Post, because a small patch of the park rests in IDAHO and has no residents. Thus, it could not provide jurors for the trial of a thief, murderer or poacher who committed a crime there -- as required by the federal Constitution. According to a legal eagle from Michigan State, the Sixth Amendment stipulates that jurors come from the "state and district" where the crime took place. No can do, if the spree occurred in this particular swath of Idaho. Jurors couldn't be impaneled from, say, nearby WYOMING. What to do? Ball is in Congress' court.

PAY OFF. A bill passed by the MICHIGAN Legislature back in 2001 finally is paying dividends to a special group of state employees. According to the Detroit Free Press, the state Senate provided that its own employees receive a parking subsidy that now will cost taxpayers some $200,000 a year. The subsidy will go into effect this year because a parking structure designated in the bill has been completed. If you are a Senate employee, you will pay $40 a month to park in the structure. Other state employees must fork over $85 a month. And heaven forbid that you are a mere taxpaying mortal who does not work for the state at all. Your tab is $157 a month. The deal was slipped through as an amendment at the end of the 2001 session, folded into a bill meant to facilitate the sale of state land in a remote Michigan township. And they say creative lawmaking is dead.
 

-- 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