State Net Capitol Journal -- News & Views from the 50 States
 
 Volume XII, No. 25
June 21, 2004
Stopping Internet spies


 
 
 
 
 
SPOTLIGHT
Millions of computer users download files from the internet everyday, but unwary Web surfers could also be unknowingly be downloading malicious spyware that tracks every keystroke and steals their personal information.

BUDGET & TAXES
Improving economy bringing states little relief

POLITICS & LEADERSHIP
Bad news continues for Rowland

GOVERNORS
Former gov's sex scandal taints Kulongoski

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The week in session 
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Across state lines
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Hot issues
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In the Hopper
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Once around the statehouse lightly
 
 

State Recaps available this week on the State Net website: 

AK, AL, CO, CT, FL, GA, HI, IA, ID, IN, KS, KY, MD, ME, MN, MO, MS, NE, NM, OK, SC, SD, TN, UT, VA, VT, WA, WI, WV, WY
 

 


SNCJ Spotlight
States vie with feds to stop spyware

For most people, the Internet is a door to the world, allowing them to shop, download information and play games all in the comfort of their own home or office. But while users are busy surfing the Internet, chances are computer "spyware" -- software programs designed to infiltrate a personal computer to track the user's Web-activity without that person's knowledge or consent --is just as busy collecting data on them. The practice has caught the attention of Congress, where several anti-spyware bills are pending, but some states are not waiting for Washington to act. 
    Spyware comes in various forms, some more lethal than others. Many programs simply install "adware," which plasters computer screens with advertisements, or "pop-ups." Spyware is also not to be confused with "cookies," text files that Web sites place onto hard drives as a means of tracking your use of the site. Many sites also use cookies to keep tabs on what other sites users visit as a means of dovetailing advertisements to match their interests. These are certainly annoying, but generally harmless.
    Of far greater concern to computer users and lawmakers alike are spyware programs that track users' online activities, collect personal data, change their computer's settings or even erase their computer's hard drive. These programs can also access any personal data stored in computer files, such as a credit card number, account passwords and personal information numbers (PIN). All of this information can also be sold to third parties who, if you're lucky, only want to bombard you with more ads. If you are unlucky, it could lead to much more serious problems, such as identity theft.
    Illicit spyware can also hijack a computer's free drive space, causing it to run slow or to crash altogether. Computer giant Dell says 12% of their customer service calls can be traced to spyware problems, while Microsoft claims such programs cause fully half of all computer crashes they investigate. 
    A recent search of more than a million computers by Internet service provider Earthlink revealed that those PC's contained 29 million spyware programs. Computer users often download these programs inadvertently as part of free file-sharing software or other programs from the Internet. Spyware and adware developers usually pay sites like music file-sharing site Kazaa to bundle their software with the music program. Although many of these sites do notify downloaders in their licensing agreement about the presence of the spyware, there is no guarantee consumers will read such agreements, or even understand what they are agreeing to. 
    Other methods for getting spyware onto a home PC are more malicious. Some consumers pick up spyware simply by visiting a Web page that uses code designed to plant the software into any Web browser that has its security preferences set too low, with the user likely never knowing it is there.
    While lawmakers at all levels of government agree illicit spyware should be addressed, there is not yet a consensus on how best to do so. No less than five bills are being considered in Congress, and seven states have also taken up the issue. Of concern to many is whether states or Congress should be the battleground for fighting spyware, or if it is better to fight fire with fire by using the technology realm instead. After considerable debate, the answer appears to be all of the above. 
    CALIFORNIA, UTAH, NEW YORK, NEW JERSEY, MASSACHUSETTS, IOWA and VIRGINIA have tackled spyware legislation in 2004, with mixed results so far. The Iowa Senate considered SF 2200, which would impose a fine of up to $5000 and two years in jail for people who use spyware to collect or disclose a person's personal information, but adjourned without coming to any conclusions. New York's Senate Bill 7141, New Jersey's AB 2021 and Massachusetts' HB 2743 would also criminalize the dissemination of spyware, but the measures have been bogged down in committee.  ILLINOIS adopted HB 32 in 2003, a bill that prohibits state agencies from using permanent cookies or spyware to track Web site habits. 
    Two bills are also still pending in the California Legislature, AB 2787 and SB 1436. Each has provisions to allow affected users to sue spyware violators for up to $1,000 for each infraction, and each has made it through its own chamber. 
    To date only Utah has joined Illinois in adopting anti-spyware legislation into law. Utah's House Bill 323, which was signed by Gov. Olene S. Walker (R) in March, prohibits software that creates advertisements on a PC as a result of the user visiting certain Web sites, requires that all spyware have clear removal procedures and allows victims to collect $10,000 per infraction from those who violate the provisions.
    Virginia's House Bill 1304, however, takes a much different approach to invasive technologies. Authored by Del. L. Scott Lingamfelter (R), HB 1304 focuses on gaining "a balance between civil liberties and security," opting to require the state to conduct a privacy impact analysis on any such new technology before deciding if it is something that should be legally regulated. Lingamfelter even includes a quote from Benjamin Franklin in the bill's text: "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety." 
    Those working the problem from the federal level have not missed this widely diverse state approach to spyware regulation.
    "There has been a lot of talk about states addressing spyware since Utah came up," says Kimberly Pencille, spokesperson for U.S. Rep. Mary Bono (R) of California, author of HB 2929, which seeks to ban sending spyware unless a user gives explicit permission to do so. "But state laws only affect that state, and this is truly a global problem."
    States, however, often feel the sting of federal legislation that overrides stronger state statutes, a la the 2003 federal Can Spam Act that preempted numerous state laws in favor of what many anti-spam advocates feel are weaker regulations. The Federal Trade Commission last week rejected the Can Spam Act as unworkable. 
    "States have a long track record of consumer protection," says Pam Greenberg, who tracks spyware legislation for the National Conference of State Legislatures. "You could even argue that California's legislation prompted some of the federal bills."
    Pencille understands that frustration, but cautions against making too quick a comparison between the two issues. "Spam is an annoyance, but spyware is a much bigger issue," she says.
    California Sen. Kevin Murray (D), author of SB 1436, says he is less concerned about who makes the law than he is about an effective statute being enacted somewhere. Murray says any law, state or federal, should address how malicious spyware developers use their wares to make money. 
    "With spyware, there will always be illegitimate people doing illegitimate things," Murray says. "At some point, if you follow the money, you have a chance of tracking them down, much in the way the government did with Al Capone, who they nailed for tax evasion instead of murder. But you certainly have no chance of getting them if you have no laws in place that affect them." 
    The technology industry has also been ramping up their anti-spyware efforts, with Microsoft, AOL, Earthlink and McAfee among the many offering consumers various spyware blockers and other built-in protections. Technology companies also have taken to more actively warning consumers not to download software unless they are absolutely sure it does not contain spyware and adware, and to install anti-spyware software as a backup. 
    Pencille says there is also a good chance Congress will act on at least one of the bills it has under consideration. She says that, much like with spam, enforcing such a bill could be difficult, but it is worth the effort. 
    Murray agrees, even if it overrides his bill.
    "In the best of all possible worlds, the federal government can do a broader job of enforcing things," Murray says. "I don't mind them preempting my bill, as long as they preempt me with a bill that does something that is just as strong and tough on behalf of the people." 
 

-- By RICH EHISEN
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Budget & taxes

IMPROVING ECONOMY BRINGING STATES LITTLE RELIEF: After three long years, the financial outlook for most states is finally improving. Tax revenues are up and deficits are shrinking. Thirty-two states are even projecting surpluses for next fiscal year. Despite the rosier economic picture, however, states have not reversed the cuts in social services or rolled back the tax increases made during the lean years. Instead, states have opted to stick with hold-the-line budgets. According to the National Assn. of State Budget Officers, state spending will only increase by an average of 2.8% next fiscal year, about the same as last year's increase -- which followed 2003's recessionary 0.6%. In some cases, the spare budgets are a reflection of conservative ideology; in MISSOURI, for example, Republicans, who recently won control of the Legislature, have taken advantage of the opportunity to hold down the size of state government. Some of the tight spending is also due simply to caution on the part of lawmakers, who saw their economies collapse after 9/11 and who are wary about making any major budget changes until they're sure the recovery will continue. But some analysts believe there's another reason for the strict budgets: structural problems in the way states fund government has placed them into a state of perpetual fiscal crisis. The experts say states have gotten themselves into trouble by allowing excessive tax breaks to erode their corporate tax base and by becoming too reliant on revenue sources -- such as sales taxes on products rather than services -- that aren't keeping pace with the rising costs of government services, like Medicaid. VIRGINIA Gov. Mark R. Warner (D) said broadening the tax base was the driving force behind his successful push to overhaul his state's tax code this year -- although he believes additional changes are still needed. Warner said some states think they can grow their way out of their economic problems, but for many of them "growing your way out of it is simply not an option, not if you have a fundamental structural imbalance." FLORIDA Gov. Jeb Bush (R), however, doesn't buy the permanent fiscal crisis talk. Bush says his strategy of cutting taxes to encourage economic growth resulted in a 10% increase in revenue this year and enabled his state to accumulate the largest rain-day reserve in the country. "People are complaining about our tax base being too narrow? That's crazy," he said. While Bush has cut social services spending for next year, he raised overall spending by about 5%, including a 7.3% bump in public school funding. Virginia, likewise, is expanding its subsidized preschool program, while ARIZONA is planning to spend more on full-day kindergarten. Meanwhile, MASSACHUSETTS has restored health insurance coverage for thousands of poor residents whose benefits were cut in 2003. Social services advocates and anti-tax activists alike are hoping those are signs of better things to come. (LOS ANGELES TIMES) 

SUPREME COURT OKAYS STATE TAX CHALLENGES: The U.S. Supreme Court ruled last week that state tax laws can be challenged in federal court, a decision that could result in a flood of tax suits. The ruling came in connection with an ARIZONA case in which a group of taxpayers sued the state in federal court over a tax break for donating money to religious and other private schools. While the justices sidestepped the issue of whether the tax credit was constitutional, they decided 5-4 to let the federal suit continue, directly contradicting a 1937 law that bars federal courts from interfering with the "assessment, levy or collection" of state taxes. Justice Ruth Bader Ginsburg spoke to that point in her opinion for the majority, stating, "In decisions spanning a near half century, courts in the federal system, including this court, have entertained challenges to tax credits authorized by state law." The dissenting justices, including Chief Justice William H. Rehnquist, argued that the decision relegated state courts to "second-rate constitutional arbiters, unequal to their federal counterparts." The ruling was a blow not only to the Bush administration, which favors government funding for parochial education, but also to the forty other states that backed Arizona's case, fearing federal challenges to their own tax laws. (ASSOCIATED PRESS, FOSTER'S DAILY DEMOCRAT [DOVER], WASHINGTON POST, ARIZONA REPUBLIC [PHOENIX]) 

IMPENDING GAMING PACTS QUASH INITIATIVES: CALIFORNIA Gov. Arnold Schwarzenegger (R) is nearing agreements with five Indian tribes that will give the state a larger cut of their casino revenues and likely doom a pair of November ballot measures aimed at dramatically expanding gaming in the state. In a Capitol news conference held last week, Schwarzenegger said "We are this close to a deal" which would make the two gaming initiatives "meaningless." The governor had already declared his opposition to one of the measures, sponsored by the Agua Caliente Band of Cahuilla Indians, which would allow Indian casinos to have an unlimited number of slot machines in exchange for turning over about 9% of their revenues to the state. The other initiative, bankrolled by 16 of the state's major horse racetracks and card rooms, would require Indian casinos to share 25% of their revenues with the state, stipulating that if even one refused, the tracks and card clubs would be able to install slot machines on their premises. Observers say Schwarzenegger has only withheld his formal opposition to the racetrack/card room measure because it has provided leverage in his negotiations with the tribes. According to administration sources, the governor wants gambling to stay with the Indian tribes, who won voter approval to operate casinos in both 1998 and 2000. And one source said, "He clearly doesn't want it to become like Nevada." The new compacts would generate more than $1 billion for the state next year, which would help balance next year's budget, already overdue. Sources say the new agreements should be approved by the end of this week. (SACRAMENTO BEE, SAN DIEGO UNION-TRIBUNE, LOS ANGELES TIMES) 

BUDGETS IN BRIEF: Legislative budget negotiators in MASSACHUSETTS agreed last week on a $24 billion budget for next year. As a result of rising revenues, the plan, for the first time in several years, doesn't include major spending cuts, and instead calls for modest increases in education, criminal justice and mental health programs. The plan still must be approved by the full House and Senate and is also subject to the veto pen of Gov. Mitt Romney (R) (BOSTON GLOBE). * NEW JERSEY lawmakers want to add unused gift cards to the list of items the state can seize as abandoned property. The state took in $528 million in dormant bank accounts, uncashed checks, money orders and other valuables last year, bringing its current cache of unclaimed property to $2 billion. State officials say that taking control of such property actually improves the chances of it being returned to its rightful owner. Through the use of a publicly accessible Web database, the state has actually doubled the amount of unclaimed property returned to owners over the last two years (TRENTON TIMES). * MICHIGAN lawmakers are considering raising the property fee on manufactured homes. Currently, there are more than 277,000 manufactured homes in the state housing 700,000 residents who utilize state and local services but pay only a $3 monthly fee in lieu of property taxes. The last time the fee was increased was in 1959 (ANN ARBOR NEWS). 
 

-- Compiled by KOREY CLARK
   TOP OF PAGE
 
Politics & leadership
BAD NEWS CONTINUES FOR ROWLAND: Rumors circulated last week that Gov. John G. Rowland's (R) in-house counsel sought a deal to suspend the Legislature's impeachment inquiry pending the outcome of a parallel federal criminal investigation into the governor's administration. According to members of the House Select Committee of Inquiry investigating whether to impeach Rowland, the governor's lawyer, Ross H. Garber, phoned the lawyer for the committee, Steven F. Reich, late Friday the 12th and inquired about a deal to suspend the impeachment proceedings in exchange for Rowland's promise to step aside -- albeit without relinquishing his title, his salary or his residence -- until the conclusion of the federal investigation. Garber claimed the following Monday that he'd made the call only to get some feedback from the committee members about a television news report that had posed the idea of such a deal. Committee members agreed that no formal offer had been made, but one, Rep. Michael P. Lawlor (D), added, "I think it's fair to say that the immediate and unanimous reaction from all 10 committee members, the speaker of the House and the House majority leader was that there was absolutely no interest at all." The news last week on the criminal investigation front wasn't much better for Rowland. Federal prosecutors indicated they may serve indictments as early as next month on construction company executives William and Michael Tomasso, who were awarded millions of dollars in no-bid contracts by the Rowland administration, and Peter N. Ellef, Rowland's former co-chief of staff. And although Rowland's name was not specifically mentioned by the prosecutors, they said additional indictments were possible. (HARTFORD COURANT, NEW HAVEN REGISTER, NEW YORK TIMES) 

MCGREEVEY SIGNS ETHICS-REFORM BILLS: NEW JERSEY Gov. James E. McGreevey (D) signed a package of ethics-reform bills passed by the Legislature two weeks ago, including a controversial measure dealing with "pay-to-play" -- the practice of rewarding major campaign donors with lucrative government contracts. The package was touted by the McGreevey administration as "the strongest ethics reform of its kind in the nation," but critics say the reforms, particularly the pay-to-play bill, don't go far enough. Common Cause of New Jersey said the pay-to-play measure is "so full of loopholes" that it is "ineffectual." While Republicans wanted to exclude all political contributors from eligibility for government contracts, the bill only prohibits companies and professional firms seeking government contracts from donating to political candidates or organizations that have influence over the selection process, and then only if that process does not involve competitive bidding or some other "fair and open" method. (NEW YORK TIMES) 

SINE DIE: ALABAMA lawmakers called their 2004 legislative session one of the most contentious in recent memory. With Republicans now holding enough seats in each chamber -- 42 in the 105-member House and 10 in the 35-member Senate -- to offer more than just token resistance to the Democrats, debate on the many issues facing the state was heated and occasionally ugly. The top priority of the session, government accountability, fell victim to the partisan hostilities; only three of the dozens of accountability measures introduced won passage, and none of those were high profile measures, like the proposed ban on transfers of money between political action committees that make campaign donations difficult to track, or proposed restrictions on budget practices that allow lawmakers to hide pork spending. With considerable difficulty, lawmakers did manage to pass a budget which included an increase in the state tax on cigarettes from 16.5 cents per pack to 42.5 cents per pack (MOBILE REGISTER, BIRMINGHAM NEWS, HUNTSVILLE TIMES). * In contrast, the 2004-05 biennium session of the VERMONT Legislature was lauded by Democrats and Republicans alike for its many significant accomplishments. One of those was a bill legalizing the use of medical marijuana, which made Vermont's Legislature only the second in the nation -- Hawaii being the first -- to pass such legislation. (While seven other states have medical marijuana laws on the books, those laws were approved by voters rather than legislators.) And while Gov. James Douglas (R) personally opposed the idea of increasing "the availability of a controlled substance" and of sending "a dangerous message to our children," he decided to allow the bill to become law without his signature, recognizing the political benefit of making marijuana available to the terminally ill. Among the other notable achievements of the session were the passage of a bill requiring labeling of genetically altered seeds and a package of measures dealing with the issue of discrimination and bullying in schools (RUTLAND HERALD). 

POLITICS IN BRIEF: A proposal in CALIFORNIA to allow some 17-year-olds to vote failed to pass the Assembly last week. The proposed constitutional amendment -- ACA 25 -- which would let 17-year-olds vote in primaries if they turned 18 before the subsequent general election, fell just eight votes short of the two-thirds vote needed to advance. The bill's author, Assemblyman Gene Mullin (D), however, was granted permission to have the measure reconsidered in the coming weeks (SACRAMENTO BEE). * The IOWA Supreme Court ruled last Wednesday that Gov. Tom Vilsack (D) overstepped his authority when he used line-item vetoes to excise provisions of a bill passed last year creating an economic development fund. The court said the governor is only authorized by the constitution to use his line-item veto power on appropriations bills. A spokesman for the Vilsack administration said they were studying the ruling (QUAD-CITY TIMES). * The prevailing theme of the 2004 MONTANA Democratic Convention held last weekend was that the party is poised to reclaim control of the government, after more than a decade of Republican domination. While the GOP has held the governor's office since 1989 and controlled both houses of the Legislature since 1995, Democrats need only four seats in the House and five in the Senate to regain a majority, and their Democratic gubernatorial candidate, Brian Schweitzer, is currently polling better than his Republican challenger, Secretary of State Bob Brown (MISSOULIAN). * VERMONT lawmakers met in a very brief special session last Wednesday to consider Gov. James Douglas' (R) veto of a bill concerning accidents involving underinsured motorists. Agreed that they would not fight the governor on the issue -- at least not until the Legislature reconvenes in regular session next year -- the leadership gaveled the session to a close after only a few minutes (RUTLAND HERALD). 
 

-- Compiled by KOREY CLARK
   TOP OF PAGE
Governors
FORMER GOV'S SEX SCANDAL TAINTS KULONGOSKI: The revelation last month that former OREGON Gov. Neil Goldschmidt had sexually abused a 14-year-old girl during the 1970s has now become a persistent problem for current Gov. Ted Kulongoski (D). The troubles for Kulongoski began when Fred Leonhardt, a former speech writer for Goldschmidt, accused Kulongoski of knowing about the situation years before he tabbed the former governor to run the state's university system. Kulongoski has vehemently denied the claim, saying the first he heard of it was when reporters called his office for comments on the situation in May, and that he would never have appointed Goldschmidt to the position if he knew about the sexual allegations. The governor also painted Leonhardt as a disgruntled campaign aide who was angry over not getting a job in his administration after the 2002 election. But Leonhardt has stuck to his story -- that he had several conversations with Kulongoski about both Goldschmidt's abuse and the $250,000 settlement Goldschmidt paid the girl. Kulongoski also questioned why Leonhardt did not come forward sooner, specifically before Goldschmidt was approved by the state Senate. The governor added that all of the controversy has kept him from "focusing on what I am supposed to be doing" as governor. (STATESMAN JOURNAL [SALEM], SEATTLE TIMES). 

FLORIDA JUSTICES TO REVIEW BUSH LAW: The FLORIDA Supreme Court has agreed to hear an appeal from Gov. Jeb Bush (R) in one of the nation's most bitterly contested right-to-die cases. The Court voted 4-3 to hear Bush's appeal, which came in response to a lower court's ruling that "Terry's Law" -- a controversial emergency statute passed by the Legislature in October 2003 that allowed Bush to order the reinsertion of a feeding tube that was sustaining Terry Schiavo, a Florida woman who has been in a vegetative state since 1990 -- violated the state constitution. Her husband claimed his wife would not want to live in her current condition, and wanted the tube removed so his wife could pass away. Mrs. Schiavo's parents disagreed, saying their daughter was capable of recognizing them and could eventually improve. Mr. Schiavo, however, had the tube removed six days before the law passed. He immediately sued Bush, saying the new law was unconstitutional. The lower court agreed, but Bush immediately appealed to the Supreme Court. The Court's acceptance of the case came as a relief to supporters on both sides of the dispute, who say that bypassing additional lower courts could shave at least 10 months off of the appeals process. (LOS ANGELES TIMES, ST. PETERSBURG TIMES)
 

-- Compiled by RICH EHISEN
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The Week in Session
States in Regular Session: 
CA, DE, IL, MA, MI, NC, NJ, PA, US

States with Projected Special Session: 
AK "a" on 6/22/2004
KY "a" on TBA
ME "c" on TBA

States in Recess: 
CA "d", CA "e", CT "c", CT "d", NY, OK "a"

States in Skeleton Session:  OH

Currently Prefiling:  MT(Drafts for 2005)

States Adjourned: 
AK, AL, AZ, CO, CT, FL, GA, HI, IA, ID, IN, KS, KY, MD, ME, MN, MO, MS, NE, NM, OK, SC, SD, TN, UT, VA, VT, WA, WI, WV, WY

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

Projected Regular Session Adjournment: LA, NH, RI

Letters indicate special/extraordinary sessions
Compiled By GINA HUMMELL | Data current  as of  6/18/04 | Source: State Net database

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Across state lines
Many workers still lack health insurance

Having a job is no guarantee of also having health insurance, at least not according to a recent study conducted for the Robert Wood Johnson Foundation that shows at least 20 million working Americans do not have health coverage. The study also reveals that being uninsured has significant negative consequences, with non-covered employees being far less likely to get even basic medical care than covered workers. 

TEXAS had both the highest total number of uninsured workers (2,492,214) and the highest percentage of its workforce (27%) without coverage. MINNESOTA was at the opposite end of the spectrum, with only 6.5% of their workers not having health coverage. The chart below shows how each state and the District of Columbia fared, both in the total number of uninsured workers and the percentage of overall workers in each state who are uninsured.

Data from the report was gathered from the Centers for Disease Control and Prevention's 2002 Behavioral Risk Factor Surveillance System Survey, and was prepared by researchers at the University of Minnesota's State Health Access Data Assistance Center. To view the full report please visit the Robert Wood Johnson Foundation Web site at http://www.rwjf.org/index.jsp. 
 

-- By RICH EHISEN


 TOP OF PAGE

Hot issues
BUSINESS: A LOUISIANA House committee approves SB 877, which would allow local governments that own water or electric utilities to charge customers higher rates in order to finance government-owned telecommunications services. It moves to the full House for consideration (NEW ORLEANS TIMES-PICAYUNE). * HAWAII Gov. Linda Lingle (R) signs SB 2882, which allows foreign insurers to become licensed in the Aloha State for the first time (HONOLULU STAR-BULLETIN). * A NEW JERSEY Assembly committee endorses AB419, a bill that would make transmitting junk, or "spam," e-mails illegal, and allow state authorities to seize computers, money, personal items and software from those convicted of breaking the law. The federal government's 2003 Can Spam law was rejected by the Federal Trade Commission last week. The bill moves to the full Assembly (NEWARK STAR-LEDGER). * ALASKA Gov. Frank Murkowski (R) signs HB 15, a bill that extends the federal "do not call" list that regulates telemarketers to include companies that make calls within the state. Telemarketers are also required to register with the state and pay a fee before doing business there (FAIRBANKS DAILY NEWS-MINER). 

CRIME & PUNISHMENT: GEORGIA Gov. Sonny Perdue (R) signs into law a bill that shifts responsibility for legal defense of indigents from counties to the state. The plan also establishes 49 full-time public defender offices across the Peach State (ATLANTA JOURNAL-CONSTITUTION). * A LOUISIANA Senate panel unanimously supports HB 1595, which would criminalize spying on someone for the purposes of sexual gratification. Violators would face fines and jail time, and repeat offenders would have to register as a sex offender with local police. It moves to the full Senate (NEW ORLEANS TIMES-PICAYUNE). * Still in LOUISIANA, a House committee approves SB 7811, a bill that says mentally incapacitated prisoners who are not aware they are going to die could be spared from execution. It moves to the full House for debate (NEW ORLEANS TIMES-PICAYUNE). * MISSOURI Gov. Bob Holden (D) signs legislation that extends the statute of limitations for child sexual abuse. Previous law said any prosecution for sexual abuse of a person under 18 must start before the victim turns 28. The new law extends that time limit to age 38 (KANSAS CITY STAR). * The MASSACHUSETTS Senate unanimously endorses a bill that would allow people wrongly convicted of crimes to receive as much as $500,000 in compensation from the state. The bill moves to Gov. Mitt Romney (R) (BOSTON HERALD). 

EDUCATION: A LOUISIANA House panel endorses SB 17, which requires local school boards to write, approve and post policies that clearly explain anti-hazing rules in Pelican State public schools. It moves to the full House (ADVOCATE [BATON ROUGE]). 

ENVIRONMENT: Committees in both the NEW JERSEY Senate and Assembly approve legislation that would set a 45-day limit to review environmental permit requests from Garden State land developers. Developers would have to pay an additional fee to participate in the accelerated process. It heads to review in both chambers (TRENTON TIMES). * A LOUISIANA House panel advances House Concurrent Resolution 306, which would close a loophole in state law that allows the U.S. Coast Guard and the Environmental Protection Agency to charge landowners for removing abandoned oil-field equipment and for cleaning up spills. It moves now to the full House for consideration (ADVOCATE [BATON ROUGE]). * The DELAWARE Senate unanimously endorses SB 245, which mandates that the state reach a 40% recycling rate for household and commercial waste within four years. It moves to the House (NEWS JOURNAL [NEW CASTLE-WILMINGTON]). 

HEALTH: The DELAWARE House approves legislation that would make it illegal for anyone other than a doctor or dentist to surgically split someone's tongue. The process, which gives the tongue a forked, lizard-like appearance, is the latest trend in "body modification," mostly among young people. It heads to the Senate (NEWS JOURNAL [NEW CASTLE-WILMINGTON]). * FLORIDA Gov. Jeb Bush (R) signs HB 1629, a bill that requires, among many things, insurers to make high deductible health care plans available to small employers. The bill also allows insurers to offer stripped-down coverage to low-income residents (MIAMI HERALD). * The MASSACHUSETTS Senate approves legislation that would require hospital emergency rooms to make the "morning-after pill" available to rape victims. It would also allow women to obtain the contraceptive from a pharmacist without a prescription from their doctor. It moves to the House (BOSTON GLOBE).

SOCIAL POLICY: A CALIFORNIA Senate committee endorses SB 1160, a bill that would allow the state's estimated 2 million illegal immigrants to apply for drivers' licenses. Similar legislation was adopted last year, but Gov. Arnold Schwarzenegger (R) convinced the Legislature to repeal the law before it took effect. It now heads to the full Senate (SACRAMENTO BEE). * The LOUISIANA House endorses SB 633, a bill that would make it easier for judges to jail parents who refuse to pay their child support. The bill targets parents who fall more than a year behind on their payments or who owe more than $5,000 in back support. It returns to the Senate (ADVOCATE [BATON ROUGE]). * The DELAWARE Senate okays SB 300, a bill that would ban First State minors from possessing tobacco products. Violators would receive a civil penalty. It heads to the House (DELAWARE STATE NEWS). 

POTPOURRI: The DELAWARE Senate unanimously approves SB 165, which bars motorists from playing music that is audible more than 50 feet from their car. Violators would face a fine. It heads back to the Senate for review of several amendments made in the House (DELAWARE STATE NEWS). * NEW HAMPSHIRE Gov. Craig Benson (R) vetoes the state's 10-year highway spending plan, saying it is too expensive and not innovative enough in financing projects (CONCORD MONITOR). * The LOUISIANA House approves HB 109, which would require all Pelican State motorcyclists to wear helmets. It motors off to the Senate (NEW ORLEANS TIMES-PICAYUNE). * The NEW HAMPSHIRE Supreme Court rules that the Legislature has no authority to regulate Granite State judges. The decision ends two years of struggle between the Legislature and the state's Judicial Conduct Commission over which body ultimately has the power to discipline judicial misconduct (UNION LEADER [MANCHESTER]). 
 

-- Compiled by RICH EHISEN
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Once around the statehouse lightly
HACKED OFF. Cabbies in Boston, MASSACHUSETTS, are not happy these days, thanks to a proposal that they accept a flat fee for driving delegates to the Democratic National Convention into the city from Logan Airport next month. According to the Boston Herald, the folks who license cabs made the proposal two weeks ago to pay $8 per delegate (minimum three to a cab) for the ride. A meter might generate from $20 to $30. Nor does the flat rate take into account the $6.25 taxis pay for tunnel tolls and other fees. "Stick with the meter," says a cabbie spokesman. As for a flat fee, cab drivers want it set as $15 minimum.

BUYING EXCESS. Gifts to politicians tell something about the giver --- but also tell something about the recipient. As the Lexington Herald-Leader reports, KENTUCKY Gov. Ernie Fletcher must be considered a conservative fellow because the gifts sent to him during the first six months of his administration are fairly routine --- books, food items and pocket knives. By contrast, Fletcher's predecessor, Paul Patton, was seen as a more daring individual. After all, in Patton's first year, he was sent --- among other things --- a lizard-skin belt and a Colt .44 pistol.

SERVE IT EXTRA RARE. If FLORIDA fire officials have their way, the tried-and-true American tradition of outdoor barbequing will become a lost art for apartment and condo dwellers in the Sunshine State. That's because officials want to do away with most types of grills, everything from elaborate propane set-ups to one-burger hibachis, reports the Palm Beach Post. Fire hazards, complain fire marshals. Nonsense, reply condo owners, who consider grilling hot dogs an inalienable right. Get an electric, say fire officials, since electric grills are deemed safe. The new regs are set to go into effect in many jurisdictions on July 1 --- just in time for the Fourth of July.

YIN AND YANG. According to the Newark Star-Ledger, it took six years for the NEW JERSEY Division on Civil Rights to decide that offering discounted drinks to women at a "ladies night" discriminated against men. The promo was first challenged in 1998, and state regulators ruled on it earlier this year. Now, the Legislature has moved with electric speed to overturn the ruling. A bill (A3005) allowing promotions such as "ladies' night" was introduced two weeks ago and already has zipped through its first committee. As well it should. As one restauranteur remarked, "Ladies' night is not about women; it's about men."

TOUCHED TO THE CORE. Someone probably thought it was a good idea, but the ILLINOIS Dept. of Human Services has come in for a ration of criticism concerning a conference to promote "spirituality and ritual" as drug-abuse treatments. According to the Chicago Sun-Times, the conference will cost the financially troubled department $78,000. Not only that, grump critics, the money comes from a federal grant designed to help drug-treatment groups deal with "communities of color." You guessed it: The conference is being held in Oak Brook, a white suburb far far far from any community of color. One state senator called it a "hot-tub conference" and suggested the money could better be spent helping real people meet real needs.
 

-- 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: 938
  • Enacted/adopted: 589
OVERALL
  • Total Number of bill intros/prefiles in 2004: 113,007
  • Enacted/adopted in 2004: 19,698
  • Total Number of measures in State Net database: 180,654
Compiled By GINA HUMMELL | Data current  as of 6/11/04 | 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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