State Net Capitol Journal -- News & Views from the 50 States
 
 Volume XII, No. 21
May 24, 2004
A full-time problem


 

Now on the State Net Web site:
2003 State Session Recaps showcasing the legislative wrap-up in each state.

The week in session  | Bird's-eye view| Across state linesHot issues
In the Hopper| Once around the statehouse lightly

TOP STORY
The case for full-time legislatures

BUDGET & TAXES
Schwarzenegger budget shortsighted?

GOVERNORS
Govs seek safety in numbers
 
 
 
 
 

State Recaps available this week on the State Net website: 

AK, AL, CO, CT, FL, GA, HI, IA, ID, IN, KY, MD, ME, MN, MS, NE, NM, SD, UT, VA, WA, WV, WY
 
 
 
 
 
 
 
 
 
 

 

SNCJ Spotlight
The case for full-time legislatures

Last month, CALIFORNIA Gov. Arnold Schwarzenegger (R) said he favored the idea of a part-time legislature as a way of stopping the Legislature from wasting time on "strange bills." And California's full-time Legislature has certainly considered some  doozies over the years, including bills making it a crime to be poor, regulating the amount of water in a dishwasher, and prohibiting the sale of un-weaned parrots. 

While political scientists haven't established a correlation between the amount of time lawmakers spend on the job and the strangeness of the laws they enact, researchers do see significant differences between part-time and full-time legislatures that provide both advantages and disadvantages for the states that utilize them. 

For one thing, part-time legislatures, because of their shorter sessions and smaller staffs, cost states less to operate. According to the National Conference of State Legislatures, the average salary for part-time lawmakers is $11,236 a year. The lowest paid are the part-timers in New Hampshire, who earn only $100 per year. In contrast, the four states with full-time legislatures, California, MICHIGAN, NEW YORK and PENNSYLVANIA, pay an average of $68,599 a year, with California lawmakers earning the most, $99,000. 

Due to the limited pay, part-time legislators typically hold second jobs, which some critics say leads to a greater likelihood of conflict-of-interest problems. A study conducted at TEXAS A&M University, in fact, showed that lawmakers in the Lone Star State, one of six (along with ARKANSAS, MONTANA, NEVADA, NORTH DAKOTA, and OREGON) that meets only every other year, were more prone to introduce legislation related to their full-time occupations. However, a study of more than 7,300 state lawmakers by the Center for Public Integrity indicates that conflicts aren't any less likely in full-time legislatures. Another criticism of part-time legislatures is that they fail to check the power of the executive branch. But research conducted by INDIANA University suggests that governors actually have more success advancing their agendas in full-time legislatures than in legislatures that meet only part-time. 

Still, the director of NCSL's legislative management program, Brian Weberg, says the trend is that being a lawmaker is becoming a progressively bigger job, and, in some cases, legislators' workloads are becoming overwhelming. Jeff Gombosky, a former member of WASHINGTON's part-time Legislature, said he left the statehouse last year because the job wreaked havoc on his finances and took too much time away from his family. And Gombosky said many more lawmakers were leaving this year for the same reasons. Ultimately, Weberg said, "It's hard to be black and white about discussing state legislatures. Each state has adopted aspects of professionalism and modernization for their needs" (STATELINE.ORG).

ROWLAND SUBPOENAED BY IMPEACHMENT PANEL: The impeachment investigation of CONNECTICUT Gov. John G. Rowland (R) took an unexpected and historic turn last week when the House panel leading the legislative inquiry issued a subpoena demanding that Rowland testify at a public hearing next month. The impeachment committee's leadership had said earlier that they were planning to "invite" Rowland to testify, but they decided instead last Tuesday to issue the subpoena because it looked as though Rowland would refuse the invitation. The governor's legal counsel, Ross H. Garber, quickly responded to the order, questioning whether it violated the constitution's separation of powers and due process doctrines. "As you know, no committee of either house of the Connecticut General Assembly has ever before summoned a sitting governor to testify before it," Garber said. He added that the June 7 hearing date specified in the order didn't allow Rowland enough time to adequately prepare for his testimony, to which the committee's Republican co-chairman, Rep. Arthur J. O'Neill, replied, "I would have thought he's been preparing for this for a long time." Garber didn't indicate whether Rowland had decided what to do about the subpoena, but that decision is complicated by the fact the governor is also facing a federal criminal investigation of his administration. If Rowland agrees to testify, he could potentially incriminate himself, and if he takes the Fifth and refuses to appear, he could provide further grounds for his impeachment. Observers say another alternative is for Rowland to challenge the subpoena in court, on the grounds that his due process rights have been violated, which could delay the inquiry by weeks or even months. (NEW HAVEN REGISTER, HARTFORD COURANT, NEW YORK TIMES) 

SINE DIE: At the close of HAWAII's 2004 session, lawmakers headed back to their districts to begin campaigning for this fall's election, with every House seat and roughly half the Senate up for consideration. The Democrats who control both houses touted what they consider to be their key accomplishments of the session, namely education reform, anti-"ice" (crystal methamphetamine) legislation and a prescription drug program for the uninsured. The minority Republicans contend that the Democratic measures don't go far enough. They say the education reform bill, for example, fails to provide accountability in the education system, and the ice bill doesn't give law enforcement the tools they need to fight the state's ice epidemic. Those sentiments were echoed by Gov. Linda Lingle, the state's first Republican governor in 40 years. Lingle, who locked horns with the Democrats almost immediately after taking office, saw seven of her 10 vetoes overturned by lawmakers, including the education and ice bills (HONOLULU ADVERTISER.) 

POLITICS IN BRIEF: Controversial former CALIFORNIA governor and Oakland mayor Jerry Brown has filed to run for the office of state attorney general. Brown, who vetoed the bill reinstating the death penalty in California as governor in 1977 -- later overridden by lawmakers -- said he would not let his lifelong opposition to capital punishment prevent him from upholding the laws of the state. But some observers say that will be a tough sell to Californians who support the death penalty (LOS ANGELES TIMES). * Also in California, the Democrat-controlled Assembly approved legislation that would stop a recall election if the targeted official resigned before the issue qualified for the ballot. Had the bill been in place last year, it might have kept Arnold Schwarzenegger from assuming the governorship, turning the office over to Democratic Lt. Gov. Cruz Bustamante instead (SACRAMENTO BEE). * OKLAHOMA Gov. Brad Henry (D) called a special session to allow a legislative committee to continue its impeachment investigation of state Insurance Commissioner Carroll Fisher -- currently facing felony charges of embezzlement and operating a charity illegally -- beyond the regular session's May 28 adjournment date (OKLAHOMAN [OKLAHOMA CITY], SHAWNEE NEWS-STAR, ASSOCIATED PRESS). * MISSISSIPPI began a special session last week on tort reform and voter identification, which some lawmakers predict will be long, expensive, and no more likely to resolve those issues than was the regular session  (CLARION-LEDGER [JACKSON]). * In response to a series of recent sex scandals involving legislators and Capitol interns, NEW YORK has imposed an anti-fraternization policy. Under the new guidelines, interns will be required to wear ID's, be prohibited from working after hours, and be barred from legislative events where alcohol is served (ALBANY TIMES-UNION, NEW YORK TIMES). 

-- Compiled by KOREY CLARK 

  TOP OF PAGE


Budget & taxes

SCHWARZENEGGER'S BUDGET SHORTSIGHTED? The CALIFORNIA Legislature's nonpartisan budget analyst says Gov. Arnold Schwarzenegger's (R) revised 2004-05 budget solves the state's current fiscal crisis at the expense of its future economic health. The $103 billion plan uses spending cuts and borrowing, in the form of the economic recovery bonds approved by voters earlier this year, to eliminate the $15 billion budget shortfall in the coming fiscal year. But, according to Legislative Analyst Elizabeth Hill, it does not adequately address the structural imbalance that exists between what the state takes in and what it spends. Hill said with the state's economy on the upswing, now is the time to fix the structural deficit. Instead, Schwarzenegger has used the state's higher-than-expected tax revenues, boosted by a recent tax amnesty program that took in over $1 billion, to avoid some controversial cuts to health care and social services he'd proposed earlier. Of particular concern to Hill, however, is that the governor's plan relies on deals he made with local governments, universities and teachers promising future funding in exchange for short-term cuts. Those financial commitments, according to Hill's report, could saddle the state with a persistent $6 billion budget gap in future years. Hill urged lawmakers to reject those long-term agreements. But although she was appointed by the Legislature to provide them with unbiased advice, lawmakers have regularly blown off her counsel since the state's budget crisis began a few years ago. Schwarzenegger took the opportunity to do that himself last week, stating, "People are talking about the out years. This year! This year is where the action is. This year. Then, after we have solved the problem this year, then we go to the next year and solve the problems next year." And the spokesman for the state's Department of Finance, H.D. Palmer, said the administration is currently working on long-term solutions, including scaling back the Medi-Cal healthcare program, eliminating government waste and securing more federal assistance. (SACRAMENTO BEE, LOS ANGELES TIMES) 

1st TX SPECIAL SESSION FAILS, 2nd ON THE WAY: The TEXAS Legislature ended its 30-day special session on school finance last Monday without agreeing on a replacement for the state's current "Robin Hood" system, which relies on property taxes from wealthier school districts to fund schools in poorer ones. Lt. Gov. David Dewhurst (R) and House Speaker Tom Craddick (R) actually adjourned their respective chambers two days early because there was so little hope of resolving the issue. Gov. Rick Perry (R), who called the session without first reaching a consensus with legislative leaders, vowed he would do so before convening another session. But the governor and legislative leadership are still very far apart on key issues. Dewhurst and Craddick say a new tax on businesses is necessary for any long-term solution to the school funding problem, but Perry strongly opposes such a tax. And although both Perry and Dewhurst would like to have a new plan in place by late August to allow the required constitutional changes to go before voters in November, Craddick would rather wait until a district court hears a lawsuit on the Robin Hood system, which is scheduled to begin Aug. 9. A new poll released last week indicates voters are just as divided on the subject. The poll found Texans were split virtually 50-50 in their opinion of the current Robin Hood school finance law and on whether they view their property taxes as fair. But there was slightly greater consensus on whether Perry should call another special session on school finance, with 48% opposing and 40% favoring the idea. It is unlikely that will happen before mid-June, with the Republicans' and Democrats' political conventions scheduled for the first two weeks of the month, and Craddick planing a trip to South Africa that begins June 7. (HOUSTON CHRONICLE, DALLAS MORNING NEWS, AUSTIN AMERICAN-STATESMAN) 

BUDGETS IN BRIEF: On the heels of one of the largest tax increases in its history, the VIRGINIA economy is showing signs that it's in better shape than expected. A recent report shows that revenue collections are up nearly 3 points over the 6.7% previously forecasted, and that the state will likely end the year with a surplus. The rosy financial picture will give the Republicans who opposed the tax increase a "we told you so" message to use in the gubernatorial race next year (RICHMOND TIMES-DISPATCH) * MARYLAND's financial situation is also improving, according to new revenue estimates, which show the state's projected $1 billion shortfall for next year could be reduced to only $252 million in January. That could complicate Gov. Robert L. Ehrlich Jr.'s (R) plans to legalize slot machine gambling to fund education spending and the 10% state income tax cut approved under former Gov. Parris N. Glendening (D) (WASHINGTON POST). * A day after MINNESOTA lawmakers adjourned their 2004 session without balancing the state budget, Gov. Tim Pawlenty (R) eliminated a projected $160 million shortfall himself by siphoning federal health care funds, cutting state agency budgets and delaying construction projects. The governor blamed the Legislature's failure to produce a balanced budget on the Democratic Farmer Labor majority in the Senate, claiming they stonewalled in retribution for getting "steamrolled" by him and House Republicans last year (ST. PAUL PIONEER PRESS). * A LOUISIANA revenue panel projected the state will bring in an extra $109 million next year, due to rising oil prices. The windfall will be used to shore up health care, higher education and other programs (TIMES-PICAYUNE [NEW ORLEANS]). * KENTUCKY Lottery officials say TENNESSEE's new lottery is cutting into their revenue. With Tennessee residents no longer crossing the border since the state's lottery began on Jan. 20, ticket sales in Kentucky have declined by $5 million (COURIER-JOURNAL [LOUISVILLE]. * GEORGIA Gov. Sonny Perdue (R) signed a $16.4 billion budget for 2005 into law last week, which includes funding for a commuter-rail link between Atlanta and Macon. Perdue's decision not to veto the rail plan, which he has never shown firm support for, means construction could begin immediately (MACON TELEGRAPH). * IOWA Gov. Tom Vilsack (D) reluctantly signed the $5.2 billion budget passed by lawmakers, saying that it will lead to higher property tax increases this year and a cigarette tax hike next year. Vilsack said he agreed to the plan because legislative leaders had made it clear they would not budge on their opposition to his proposed $283 million cigarette and sales tax increase to pay for health care and education (DES MOINES REGISTER). 
 
 

-- Compiled by KOREY CLARK
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Governors
SOME GOVERNORS SEEK SAFETY IN NUMBERS... It isn't easy taking on the President of the United States, even if he is from your own party. To aid in their individual fights over prescription drugs, the outsourcing of jobs and high gas prices, governors of both parties have taken to approaching -- and at times reproaching -- the Bush administration en masse. 

The first group charge came earlier this year as Republican governor Tim Pawlenty of MINNESOTA joined forces with ILLINOIS Gov. Rod Blagojevich (D) and WISCONSIN Gov. Jim Doyle (D) at the annual National Governors Association meetings in Washington D.C. to lobby the administration for help in their efforts to use Canadian prescription drugs. NEW HAMPSHIRE  Gov. Craig Benson (R) later joined them in their efforts. More recently Pawlenty, PENNSYLVANIA Gov. Ed Rendell (D), MISSOURI Gov. Bob Holden (D) and IOWA Gov. Tom Vilsack (D) collaborated in a letter urging U.S. Trade Representative Robert Zoellick to exclude their states from an agreement made with the World Trade Organization that allows businesses from 27 other countries to compete for contracts within participating states. The agreement was originally made in the 1990s, but the four governors refused to go along with a proposed extension. Vilsack and Rendell both said that large losses of manufacturing jobs in their states had led them to revoke their consent for any further participation. 

Two weeks ago ARIZONA Gov. Janet Napolitano teamed with MONTANA Gov. Judy Martz (R) to officially -- and in Napolitano's case, vociferously -- complain about the grounding of 33 air tankers that federal wildlife officials use to help fight raging forest fires. Perhaps spurred by U.S. Agriculture Sect. Ann Veneman's announcement that she is now rethinking her decision to ground the fleet, Napolitano gathered more allies and went after another burning issue -- escalating gasoline prices. 

Last week MICHIGAN Gov. Jennifer Granholm (D) joined Napolitano and Vilsack to urge President Bush to divert up to 170,000 barrels of oil per day from the Strategic Petroleum Reserve as a way to supplement the current daily supply and drive down skyrocketing gas prices. The group accused Bush of not having a plan in place to deal with the soaring prices, which have reached a national average over $2 per gallon. The request did not go over well with the White House, which called sending oil to the Preserve a matter of national security. It also did not help spur Bush's sympathy that the three governors made their plea via a telephone conference call directly to reporters nationwide, and that the whole event was organized by the campaign of presumptive Democratic presidential nominee John Kerry. Vilsack is also said to be on the short list of people Kerry is considering as a running mate. ARIZONA Representative John Shaddegg (R) called the gubernatorial trio's comments "a ridiculous political hatchet job."

Bush administration representatives also noted that the 170,000 barrels called for by the governors' plan ads up to less than 1% of the 20 million barrels Americans use every day.  (ASSOCIATED PRESS, ARIZONA DAILY STAR, DES MOINES REGISTER, KANSAS CITY STAR)

...SCHWARZENEGGER GOES IT ALONE: He hawks the benefit of his state around the world, selling CALIFORNIA like it was just another of his long list of successful Hollywood action epics. He sells the people of the state on the upside of his fiscal plans -- including a historic $15 billion bond measure the likes of which the state has never seen. He even managed to persuade the Democratic-controlled and traditionally contrarian state Legislature on worker's compensation reform, and did it all with a toothy smile and perpetual good cheer. But when it comes to selling the benefits of the current president, Gov. Arnold Schwarzenegger (R) is apparently in no mood to use his salesman's charm. 

While several of his GOP colleagues are making a point these days to publicly cozy up to President George W. Bush -- standard fare during an election year -- the self-proclaimed "Governator" has been noticeably reluctant to offer up his own support for the Bush campaign. MINNESOTA Gov. Tim Pawlenty, NEW YORK Gov. George Pataki and MASSACHUSETTS Gov. Mitt Romney are among at least eight Republican governors who have either done news interviews, issued statements or gotten involved in campaign events, but the best Schwarzenegger has offered so far is an elliptical reference to the president not understanding Californians the way he would if he was from the state. 

Most experts see the lukewarm response as further evidence of the friendly yet awkward relationship between the two, fostered mostly by their vast differences on social issues. Bush is a hard line conservative who is anti-abortion, against gay rights and who supports oil drilling off the California Coast, all positions diametrically opposed to Schwarzenegger's. Further, Schwarzenegger could be the only governor in history who is as globally well known as the president -- and right now, much more popular. It is also worth noting that Bush stayed mostly neutral during the California recall election that brought Schwarzenegger into office last October.  

Bush supporters say all the talk of Schwarzenegger's absence is premature, and that the governor will probably play a bigger role later this year at the Republican National Convention. California Senator Jim Brulte (R) also dismisses talk of bad relations between the two, saying he thinks Schwarzenegger and Bush get along fine. Brulte says a more likely cause for Schwarzenegger's reluctance to offer up his support so far is that the governor typically plays his cards close to the vest during negotiations -- with friend and foe alike. Another bone of contention is that Schwarzenegger came into office promising to use his charms to squeeze more federal dollars out of Washington, something he has not yet been able to produce. The governor has since reportedly become blunt with the administration, making it clear that if Bush wants to have a chance in California in November, then much more federal money needs to find its way to the Golden State. (LOS ANGELES TIMES)

GOVERNORS IN BRIEF: A new Scripps-Howard poll in TEXAS shows that 52% of Lone Star State residents disapprove of the job Gov. Rick Perry (R) is doing. That is the lowest mark for a Texas governor in 14 years (HOUSTON CHRONICLE). * NEW JERSEY Gov. James E. McGreevey (D) fared better in a new Qunnipiac University poll as his approval rating climbed to 41%, the highest it has been in 19 months (NEWARK STAR-LEDGER). * FLORIDA Gov. Jeb Bush e-mailed Sunshine State voters to ask them to repeal the high-speed rail network they approved in 2000. Bush sent the message from his personal e-mail account to avoid breaking state laws that prohibit sending political messages with state equipment. The governor did not reveal how many people received the e-mail (PALM BEACH POST). 
 
 

-- Compiled by RICH EHISEN
 
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The Week in Session
States in Regular Session: 
CA, IL, LA, MA, MI, MO, NC, NH, NY, OH, PA, RI, SC, TN, US

States with Projected Special Session: 
KY on TBA
ME "c" on TBA
OR on 6/1/2004
                                        
States in Recess:  AR "b", CA "d", CA "e", DE

States in Skeleton Session:  OH (House Only)

States in Budget Hearing: NJ

Currently Prefiling:  MT(Drafts for 2005)

States Adjourned:  AK, AL, CO, CT, FL, GA, HI, IA, ID, IN, KY, MD, ME, MN, MS, NE, NM, SD, UT, VA, WA, WV, WY

States in Special Session Adjourned: CA "a", CA "b", CA "c", CT "a", CT "b", DE "a", GA "a", LA "a", MD "2003 session", ME "b", TX "d", UT "c", VA "a", WA "a", WA "b", WA "c", WI, WI "d", WI "e", WI "f", WV "a"

Projected Regular Session Adjournment: AZ, KS, OK, VT

Projected Special Session Adjournment: CT "c", CT "d", MS "a", OK "a"
 

Letters indicate special/extraordinary sessions
Compiled By GINA HUMMELL | Data current  as of  5/21/04 | Source: State Net database

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Across state lines
Food stamp rolls rise, but are far short of target

After years of decline, participation in federally funded food stamp programs is on a sharp increase, rising from approximately 18.5 million enrollees in 1999 to more than 23 million in January 2004. But that figure is far short of the total number of people eligible for food stamps, according to a report from the Food Research and Action Center (FRAC), a Washington D.C.-based hunger advocacy group. 
The FRAC report tracks how state food stamp rolls have fared since 1999. According to the report, ARIZONA and NEVADA have seen the largest increases in participation at 108% and 105.5% respectively. Other states with at least 70% growth in their food stamp programs include INDIANA (75.8%), OREGON (72.8%), DELAWARE (70.7%) and WISCONSIN (70.4%). HAWAII, VERMONT and CALIFORNIA were on the opposite end of the spectrum, as over the five-year span each saw their food stamp enrollment drop. NEW JERSEY, RHODE ISLAND, the District of Columbia, and NEW YORK all had growth that stayed in the single digits. 

But the FRAC also says that only around 62% of all of those eligible for food stamps actually participate in the program. This hurts states financially because they receive federal money based on their participation percentage. Many experts also say that low enrollment of eligible people often leads to poor nutrition and health down the road -- particularly for children -- which then leads to significantly higher use of other, more expensive social services. Improved nutrition can also have a positive impact on children's education and ability to learn.

Some states have fared better than others in getting people signed up. According to the FRAC report, WEST VIRGINIA has 96% of their total eligible people on board, while HAWAII has a 92% mark. MASSACHUSETTS, on the other hand, has only around 40%. To view the full report, visit the FRAC Web site at http://www.frac.org/index.html

-- By RICH EHISEN

 Source: Food Research and Action Center
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Hot issues
BUSINESS: A LOUISIANA Senate panel approves SB 579, Gov. Kathleen Blanco's (D) plan to keep information about state negotiations with potential economic development prospects secret during negotiations. Blanco said many business prospects are leery of doing business with the state out of fear confidential information could become public (ADVOCATE [BATON ROUGE]). * Also  in LOUISIANA, the House passes HB 1201, which would allow businesses that derive 50% or more of their revenue from food sales to have video poker machines. The current statute requires businesses to earn 60% of their income from food, excluding alcohol. The bill heads now to the Senate (NEW ORLEANS TIMES-PICAYUNE). * FLORIDA Gov. Jeb Bush (R) signs legislation that increases criminal penalties against labor contractors who physically abuse or financially exploit farm workers, and restores regulation of pesticides by Sunshine State farmers (PALM BEACH POST). * A Senate committee in ILLINOIS endorses legislation that would ban Prairie State slaughterhouses from selling horse meat for human consumption. About 50,000 horses are slaughtered in the U.S. every year for human consumption overseas. The bill moves to the full Senate (DAILY HERALD [ARLINGTON]). * TENNESSEE Gov. Phil Bredesen (D) signs legislation that gives Volunteer State data entry and call center businesses preferences in state contract bids if they agree to not outsource work to cheaper locales overseas (USA TODAY). 

CRIME & PUNISHMENT: ALABAMA Gov. Bob Riley (R) signs a bill that makes it a crime for a day-care worker to medicate a child beyond what is "medically prescribed" (BIRMINGHAM NEWS). * A LOUISIANA House committee approves HB 783, legislation that would ban the death penalty for those younger than 18. The bill now goes before the full House (NEW ORLEANS TIMES-PICAYUNE). * Still in LOUISIANA, a House committee gives unanimous approval to HB 1267, a bill that would grant people improperly convicted, sentenced and imprisoned the right to seek state-paid job training, counseling and educational benefits. It goes to the full House (NEW ORLEANS TIMES-PICAYUNE). * The MINNESOTA Legislature agrees to adopt a .08% drunk-driving standard, down from .10%. The bill now moves to Gov. Tim Pawlenty (R), who has expressed misgivings about signing it into law. Minnesota and DELAWARE are the only states still currently adhering to the .10% standard (ST. PAUL PIONEER PRESS).

EDUCATION: The ALABAMA Legislature approves executive amendments made by Gov. Bob Riley (R) to the state's new teacher tenure laws. Under the revisions, a teacher's full disciplinary record can be used in personnel hearings, not just that of the previous year (MOBILE REGISTER). * The University of Louisville bans members of the Ku Klux Klan from the KENTUCKY campus. University officials say the KKK members were posting "insensitive and offensive" materials at the school. The KKK has asked the American Civil Liberties Union to intervene (COURIER-JOURNAL [LOUISVILLE]). 

ENVIRONMENT: The LOUISIANA Senate votes 33-0 to ban organized "hog-dog" fights in the Pelican State. HB 1244 would criminalize the practice of pitting fighting dogs in a battle to the death with wild hogs that have had their tusks removed. The bill moves back to the House (ADVOCATE [BATON ROUGE). * The CALIFORNIA Senate passes SB 1520, which would ban the production of foie gras, or the enlarged liver of a goose or duck that has been force-fed grain through a pipe. The bill would also ban the sale of any duck liver item produced in this manner. It moves to the Assembly (SAN FRANCISCO CHRONICLE).

HEALTH: The ALABAMA Legislative Council approves limiting Medicaid patients to four brand-name prescriptions per month. The limits would not apply to generic drugs, children or nursing home patients (BIRMINGHAM NEWS). * The VERMONT Senate okays legislation that legalizes the use of marijuana by people suffering from AIDS, cancer or multiple sclerosis. The bill goes to Gov. Jim Douglas (R), who says he will allow it to become law without his signature (RUTLAND HERALD). 

SOCIAL POLICY: The PENNSYLVANIA Legislature votes 248-2 in favor of legislation that requires parents to give their permission before a child under the age of 18 can get a tattoo or body piercing. It goes to Gov. Ed Rendell (D), who is expected to sign it (PITTSBURGH POST-GAZETTE). * The LOUISIANA House overwhelmingly approves HB 61, which defines marriage as strictly between a man and a woman, and prohibits recognition of same-sex marriages and civil unions performed in other states. The Senate subsequently endorses an identical bill, SB 166. Each bill would put the definition and restrictions into the state constitution, and both must be approved by voters. At present, HB 61 would go before voters on Sept 18 while SB 166 would be placed on the Nov 2 ballot (NEW ORLEANS TIME-PICAYUNE). * The MASSACHUSETTS Senate votes 28-3 to repeal a 1913 law that says out-of-state couples cannot marry in the Bay State if their marriage would not be allowed in their home state. Gov. Mitt Romney (R) has cited the law in his effort to stop out-of-state couples from taking advantage of his state's law allowing gay couples to wed. It heads to the House (BOSTON GLOBE). * The MICHIGAN House passes a bill that would require divorcing couples with children to take a class on the consequences of their breakup. It heads to the Senate (DETROIT FREE PRESS). * IOWA Gov. Tom Vilsack (D) signs HF 22, a law that encourages judges to direct divorcing parents to fully share in the physical care of their children. The law says that if parents ask for joint custody and a judge denies the request, that judge must explain why it is not in the best interests of the child (DES MOINES REGISTER).

POTPOURRI: The CALIFORNIA Assembly approves AB 1854, a measure that requires drivers to turn on their headlamps any time they use their windshield wipers to deal with bad weather. It moves to the Senate (SAN FRANCISCO CHRONICLE). * House and Senate negotiators in NEW HAMPSHIRE agree on SB 312, which would establish a new code of ethics for state employees. The bill would force state agency heads and public officials to fill out a financial disclosure form, bans the acceptance of public gifts and prohibits officials from using their office for personal gain. It moves to Gov. Craig Benson (R), who says he will sign it (FOSTERS DAILY DEMOCRAT [DOVER]). 
 
 

-- Compiled by RICH EHISEN


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Once around the statehouse lightly
SCHNITZEL ANYONE? When CALIFORNIA Gov. Arnold Schwarzenegger, a moderate Republican, has business with the state Legislature, chances are his first call is to the Democratic leader of the state Senate, John Burton, a staunch liberal from San Francisco. But few may know that the two officials sometimes parlay in the governor's native tongue. "He speaks good German," Schwarzenegger told California Journal last week. That should liven up "big 5" budget deliberations between Schwarzenegger and legislative leaders, giving the governor and Burton the chance to carry on secret negotiations in public. 

FAMILY FEUD. A pair of Democratic lawmakers are embroiled in a state Senate primary that has turned worse than ugly. According to The Kansas City Star, incumbent Sen. Victor Callahan and Rep. Ray Salva are hurling charge and countercharge, including Salva serving Callahan with a subpoena and Callahan allegedly accosting Salva in the House gallery. The two have been at each other's throat ever since they were thrown into the same district by the 2001 reapportionment. Since the district is dominated by Independence, and since that city's most famous citizen was a Democrats' Democrat, it's likely that Harry Truman is spending this portion of eternity spinning in his grave. 

THEY SHOOT HORSES, DON'T THEY? That's a question asked these days in ILLINOIS, where the Legislature is contemplating a bill that would prevent the slaughter of horses for meat. A similar measure failed earlier this year, but as the Chicago Sun-Times notes, proponents of the revived proposal have brought in some high-power support: Bo Derek. The comely star of "10" sashayed through the halls of the Capitol last week, posing for photos and lobbying lawmakers on the bill, which will prevent the opening of a horse plant later this week. Can Derek sway the five votes needed to pass the bill? She certainly garnered attention; even a reporter broke down and asked for an autograph. But she has one problem, says a key lawmaker, Rep. Robert Pritchard, a Hinckley Republican who represents the district where the horse plant is located: "I talked to a lots of people under 30 who don't know who she is." Yeah, but the billed passed anyway. 

FREE PASS. In April, Narragansett Indians spent more than $117,000 on radio and print advertising to promote a casino. At the same time, a greyhound track spent more than $110,000 to oppose the facility. Both sides had to report the expenditures because the target of the ads was the RHODE ISLAND Legislature. But as The Providence Journal reports, Secy. of State Matt Brown has issued a ruling that lobbyists no longer have to report the money they spend for such ads, nor do the interests that hire the lobbyists. The secretary's legal advisor concluded that Rhode Island law does not require the disclosure. The ruling didn't sit well with at least one lobbyist, H. Philip West, executive director of Common Cause. He equated it to "giving away the store." So did Democratic Senator J. Michael Lenihan, who chairs the Senate Committee on Government Oversight. Lenihan promised to amend two pending bills in order to close the loophole. 

BOBBLING ALONG. Ah, the perils of superstardom. CALIFORNIA Gov. Arnold Schwarzenegger last week sued an OHIO toy maker for issuing a bobblehead doll in the governor's image. The New York Times reports that the $19.95 doll is part of a set that also includes John Kerry, Wesley Clark, Howard Dean and Tom DeLay. The governor's lawyers filed suit in Los Angeles, claiming the toy had violated Schwarzenegger's rights to his image. Meanwhile, the dolls were available for a time in Sacramento at the gift shop in the basement of the Capitol. "We sold out immediately," a shop employee told California Journal. 

DUCK AND RUN. Sometimes, legislatures pass laws that make no sense at all. And sometimes, they don't pass laws that cry out for a governor's signature. That seems to be the case in PENNSYLVANIA where, the Pittsburgh Post-Gazette reports, it is not against the law to fly a plane while drunk. A tipsy pilot can legally buzz around the sky but be arrested if he or she then tries to drive a car.
 
 

-- By A.G. BLOCK


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In The Hopper
State Net's data base tracks tens of thousands of bills in all 50 states at any given time. Here's a snapshot of what's in the legislative works:

THIS WEEK

  • New bill intros/prefiles this week: 2, 054
  • Enacted/adopted: 1,017
OVERALL
  • Total Number of bill intros/prefiles in 2004: 107,613
  • Enacted/adopted in 2004: 16,478
  • Total Number of measures in State Net database: 176,635
Compiled By GINA HUMMELL | Data current  as of 5/14/04 | Source: State Net database

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Executive Editor: A.G. Block
Associate Editors: Rich Ehisen, Korey Clark
Correspondents: Richard Cox (CA), Steve Karas (CA), 
Bruce McKeeman (CA), Kelli Harvel (FL), 
Linda Mendenhall (IL), Lauren King (MA) 
and Troy Cassel (PA)
Design: Richard Hansen, Heather Conway

Copyright 2004 State Net
ISSN: 1521-8449

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