|
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
---
The
week in session
---
Across
state lines
---
Hot
issues
---
In
the Hopper
---
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
TOP OF PAGE
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
TOP OF PAGE
|
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
TOP OF
PAGE
|
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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PAGE
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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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