POLITICS & LEADERSHIP
Constitutional crisis intensifies in KS

GOVERNORS
Fletcher aides indicted in KY hiring scandal
 

The week in session
Bird's eye view
Hot issues
In the Hopper
 
 
 

For some, the Supreme Court ruling asserting federal authority to prosecute medical marijuana users was a positive reinforcement of the Congressional power; for others, it was only the latest example of federal trampling of states' rights.  

States still battling D.C. over medical pot...& more

The U.S. Supreme Court's June 6 ruling allowing federal authorities to prosecute medical marijuana users, even if their state law allows it, was seen by some as a decisive blow to individual state efforts endorsing such use. But after some initial hesitation, officials in most of the states where medical pot is already legal say they don't intend to change their ways, and lawmakers in several more where it isn't legal say they won't abandon their efforts to change that. 

The court's decision came in regard to Gonzales v. Raich, which involved a pair of CALIFORNIA medical pot users who had their marijuana plants seized by federal agents in 2002. The two women sued then-Attorney General John Ashcroft, claiming they had a doctor's endorsement that gave them a legal right to possess and smoke pot. The high court, however, did not see it that way, reasoning that federal laws governing controlled substances supersede state laws. 

But lawmakers and advocates in states where medical marijuana use is legal for critically ill patients (see Bird's eye view on page 3) remain defiant, while others in ALABAMA, CONNECTICUT, ILLINOIS, MINNESOTA, NEW HAMPSHIRE, NEW MEXICO, NEW JERSEY, TENNESSEE and WISCONSIN continue to push legislation to grant their states' residents the same rights. The results have so far been mixed, with most bills stalled in committees and not likely to go anywhere anytime soon.

RHODE ISLAND, however, is on the other side of that equation. The Ocean State earlier this month became the first since the high court's decision to officially thumb its nose at Washington D.C. when the state Senate passed SB 710 and HB 6052, collectively known as the Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act, by a combined 63-1 margin. That measure makes Rhode Island the 11th state to allow severely ill patients to grow, possess and use marijuana under a doctor's recommendation. Gov. Don Carcieri (R) immediately vetoed both measures, but the Senate quickly overrode those vetoes. 

As of this writing, the House had not yet followed suit, but given the 52-10 positive vote the bills received there early in June, a veto override in that chamber is considered by most to be a mere formality. If so, Rhode Island will be just the third state to adopt such a statute through the legislature, with the other eight coming via publicly approved ballot initiatives. A 12th state, MARYLAND, does not protect users from arrest, but Gov. Robert Ehrlich Jr. did sign legislation in 2003 that prevents medical pot users from being jailed for the act. 

Rhode Island's approval came three weeks after the high court's decision sent an initial wave of confusion crashing through the numerous statehouses pondering the issue. Based on that ruling, OREGON immediately announced it would stop issuing the registration cards users must have to obtain cannabis from a legal dispensary, a decision ALASKA Attorney General David Marquez said he would duplicate in the Last Frontier State. 

The following week, CONNECTICUT House Bill 6578, which would have legalized medical marijuana in the Constitution State, died in the General Assembly's Judiciary Committee. Rep. Michael Lawlor (D), the Judiciary Committee Chair, said the Court's decision had made it "almost impossible" for the bill to be debated before the session ended. In NEW YORK, the decision prompted Senate Majority Leader Joseph Bruno (R) to drop his support for SB 5040 and AB 8265, both of which once seemed to be on a fast track to Gov. George E. Pataki's (R) desk. Both bills also died a quiet death without ever seeing a floor vote. 

In HAWAII, U.S. Attorney Edward Kubo called the Supreme Court ruling "the death knell to the medical marijuana issue," while insinuating that doctors handing out recommendations for medical pot could face prosecution as accomplices to the distribution of marijuana. 

All of this triggered an immediate reaction from medical marijuana advocates like the Washington D.C-based Marijuana Policy Project, which threatened to sue both Oregon and Alaska if those states permanently shut down their programs. It also spurred attorneys general from several states where medical marijuana is legal to issue statements noting that the Gonzales v. Raich ruling did not change any state law, but only reaffirmed that federal authorities hold the ultimate constitutional authority to arrest medical pot users, regardless of state laws that legalize their activities. 

Many of those statements mimicked that of California Attorney General Bill Lockyer (D) who said that the ruling "does not overturn California law permitting the use of medical marijuana, but does uphold a federal regulatory scheme that contradicts the will of California voters and limits the right of states to provide appropriate medical care for its citizens." 

That theme -- states' rights v. the feds constitutional power -- has been a constant part of the medical marijuana battle from day one, and was clearly a key element in the Court's decision. As noted by 85-year-old Justice John Paul Stevens, himself a cancer survivor, federal laws take precedence over state statutes because, in the view of the Court, the cultivation, distribution, and use of medical marijuana affects interstate commerce and is thus, according to Article 1 Section 8 of the U.S. Constitution, governed by Congress. In short, Stevens surmised the real question is "whether Congress' power to regulate interstate markets for medicinal substances encompasses the portions of those markets that are supplied with drugs produced and consumed locally." Clearly, five of the nine justices, including such normal states' rights advocates as Stevens and Antonin Scalia, answered yes.

Stevens pointed the plaintiffs to Congress, which he said is the only entity with the power to change federal law. New York Congressional Rep. Maurice Hinchey (D) tried to push an amendment in the House that would have done just that by barring federal authorities from arresting medical pot users in states where it is legal, but it went down to defeat barely a week after the Supreme Court's ruling. 

Phoenix-based attorney Charles Blanchard, a former chief counsel for the Office of National Drug Control Policy, said that had the Gonzales v. Raich  decision been different, it could have given cause for reconsideration of many other laws based on the same Constitutional clause, particularly federal environmental laws.

"This case had a lot less to do with drug policy and more to do with what was the scope of federal authority of the commerce clause," he said. "If this case had gone the other way, the drug legalization community would have been thrilled, but it could have had huge implications." 

But some would argue that the threat of the ruling has already had that effect. Although Oregon, Alaska and Hawaii all resumed business as usual with their medical pot dispensaries, many California cities and towns are taking a closer look at how programs are being run in the Golden State. San Francisco officials had already imposed a six-month moratorium on new dispensaries even before the Supreme Court ruling, and at least five other cities have banned dispensaries outright, citing fears of additional drug crime and abuse. 

But other observers note an even more galling aspect of the court's ruling -- the ongoing trend of the Bush administration to heavily involve itself in what many states view as issues exclusively theirs to resolve. From the Terri Schiavo case to setting national driver's license standards, from No Child Left Behind mandates to the power of eminent domain, many feel an ever-increasing federal grip on state issues. 

There is also growing concern in Oregon that this decision could portend negatively on their battle with the federal government over the Beaver State's physician-assisted-suicide law. The federal Dept. of Justice is challenging a 9th Circuit Court of Appeals ruling that the agency exceeded its authority when it tried to yank the licenses of Oregon doctors who, under the law, gave critically ill patients potentially fatal drug prescriptions. The state contends only states have the authority to regulate medical practices. 

Stephen Griffin, a constitutional law professor at Tulane University in New Orleans, says this is a trend that defies most people's expectations. 

"I think many people would have expected some relief once Republicans controlled all three branches of government, but that hasn't happened," Griffin said. "If there's an important policy objective they really care about, states' rights just doesn't deter them." 

The White House doesn't see it that way. As spokesperson Taylor Gross put it, the Bush administration, has always "sought to preserve the traditional role of states in our federal system." 

But while states are undoubtedly unhappy with what they see as excessive federal interference in their affairs, most also note that they do not expect much to change on their respective medical marijuana fronts. 

"This case continues the status quo," said Paul Befumo, a Montana medical marijuana advocate. "As a practical matter, less than 1 percent of marijuana convictions are federal." 

"Unfortunately," he adds, "the government has to target people sick and dying for something that, I think, is strictly a political issue."

(NEW YORK TIMES, USA TODAY, MISSOULIAN, STATESMAN JOURNAL [SALEM], ROCKY MOUNTAIN NEWS, OREGONIAN [PORTLAND], HONOLULU STAR-BULLETIN, ANCHORAGE DAILY NEWS, PROVIDENCE JOURNAL, HONOLULU ADVERTISER, RUTLAND HERALD, PORTLAND PRESS HERALD, ALBUQUERQUE TRIBUNE, LAS VEGAS REVIEW-JOURNAL, SAN FRANCISCO CHRONICLE, CORVALLIS GAZETTE-TIMES, MOBILE REGISTER, ARIZONA REPUBLIC [PHOENIX])

-- Compiled by RICH EHISEN 

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Bird's eye view

Medical pot states still growing

RHODE ISLAND this month became the 11th state to allow people to grow, possess and use marijuana under a doctor's recommendation. The Ocean State is only the third to enact such a law through the legislature, while eight enacted their statutes via ballot initiatives, starting with CALIFORNIA in 1996. A 12th state, MARYLAND, removed criminal penalties for medical marijuana use in 2003, but that law does not protect patients from arrest in the manner of other states that allow medical pot use. A wording glitch has also prevented ARIZONA's 1996 ballot measure from being put into action. That measure says doctors may "prescribe" marijuana to their patients rather than just "recommending" its use, which would place the doctor in jeopardy of federal prosecution. The accompanying map shows all 12 states that,  as of July 8, 2005, allow some form of medical marijuana use.
 

-- By RICH EHISEN

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Budget & taxes

GOVERNMENT SHUTDOWN IN MN: MINNESOTA kicked off the month of July by closing highway rest stops, suspending state payments for foster children and furloughing nearly 9,000 public employees, including all but 196 of the state's 1,379 public health workers -- who, over the last week, faced outbreaks of West Nile virus, salmonella and Legionnaire's Disease. The cutbacks in public services were just a few of the effects of the first partial government shutdown in the state's 147-year history, brought about by the failure of Gov. Tim Pawlenty (R) and state lawmakers to agree on a budget for the fiscal year that began at 12:01 on July 1. The shutdown could have been much worse if many services deemed critical to public health and safety were not kept operating by a court order, but it was still bad enough to spur plenty of defensive finger pointing. Pawlenty and House Speaker Steve Sviggum (R) derided Senate Democrats for adjourning hours before the budget deadline in an effort to embarrass the governor. "When it came to crunch time, they left," Pawlenty said. But Senate Majority Leader Dean Johnson (D) contended that the early adjournment of his chamber was prompted by an 11th-hour offer from the governor that was actually a step backward in the budget negotiations. Jim Monroe, the executive director of the Minnesota Association of Professional Employees, which represents about half of the workers who are now idle, was more inclusive in placing blame for the shutdown. "It's everybody's fault. It's just an example of government having failed," he said. Five other states also failed to meet their July 1 budget deadline: CALIFORNIA, NORTH CAROLINA, OREGON, PENNSYLVANIA and WISCONSIN. But, unlike those other states, Minnesota had no provision in place to keep its government operating until a new budget is approved. The Senate did pass a "lights on" measure, but House Republicans rejected it because they feared it would take the urgency away from the issue. Now there's plenty of urgency, with a looming July 15 deadline when the state's furloughed workers will have used up their vacation time and will be formally laid off. (ASSOCIATED PRESS, MINNEAPOLIS STAR TRIBUNE, NEW YORK TIMES, ST. PAUL PIONEER PRESS) 

BUDGET DEAL REACHED IN CA: The weeks-long budget standoff in CALIFORNIA finally ended last Tuesday when a deal was struck by the state's "Big Five" -- Gov. Arnold Schwarzenegger (R) and the majority and minority leaders of the Senate and Assembly. The Democrats who control the Legislature did manage to win some concessions from Schwarzenegger and the Republicans, such as agreements not to cut wages for in-home care workers or scale back the state's welfare-to-work grant program. But the $116 billion  budget was more of a victory for the governor, meeting two of his major goals: avoiding a tax increase and allocating proceeds from the state gas tax for transportation projects, in accordance with a voter initiative passed three years ago. The Democrats also gave up their battle to extract billions that education officials say they are owed under an agreement they made with the governor last year. So, there was good reason for the governor to be enthusiastic when he and legislative leaders emerged after more than 12 hours of closed-door negotiations over the Fourth of July weekend to announce that they'd agreed on a spending plan. "This is a terrific budget; it's a budget that moves California forward," Schwarzenegger said. But even Democrats had positive things to say about the budget agreement. "Today's actions are a reflection that we are back on track and we are going to start working together in the spirit of cooperation," said Assembly Speaker Fabian Nunez (D). Capitol observers suggest those remarks are a response to the recent Field Poll indicating that 59% of California's voters feel the state is headed in the wrong direction, and that the Democrats backed off on their budget demands in order to place themselves in a stronger position to take on the governor's November special election agenda, which includes measures to curb spending, lengthen the amount of time required for teachers to earn tenure and take away the Legislature's redistricting authority. (LOS ANGELES TIMES, SACRAMENTO BEE) 

BUDGETS IN BRIEF: The battle over TEXAS' school funding system went before the state Supreme Court last week. The high court could take several months to rule on the state's appeal of a lower court ruling last year declaring the system to be unconstitutional (SAN ANTONIO EXPRESS-NEWS). * MONTANA Attorney General Mike McGrath (D) has declared the state's 1981 cap on spending growth unconstitutional. Republicans fear the ruling, which has the force of law unless the courts or Legislature overturn it, may allow Democrats to go on a spending spree during the special session scheduled for December (BILLINGS GAZETTE). * WISCONSIN's Republican-controlled Legislature approved a two-year, $54 billion state budget last week. The spending plan includes a couple of controversial provisions granting a tax break for parents who home school their children or send them to private schools, and requiring some government employees to contribute to their retirement funds for the first time which may lead to vetoes by Gov. Jim Doyle (D) (MILWAUKEE JOURNAL-SENTINEL). * OREGON lawmakers approved a tax break for residents serving in the military reserves and National Guard. Gov. Ted Kulongoski (D) is expected to sign the measure (CORVALLIS GAZETTE-TIMES). * A former MAINE legislator, Stavros Mendros (R), has launched a campaign for a ballot initiative to repeal portions of the recently-passed state budget, including the $1-per-pack cigarette tax increase. Mendros is hoping to gather enough signatures to place the "people's veto" on the ballot either in November or in next June's primary election (PORTLAND PRESS HERALD). 
 

-- Compiled by KOREY CLARK

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Politics & leadership

CONSTITUTIONAL CRISIS INTENSIFIES IN KANSAS: The battle between the KANSAS Legislature and state Supreme Court over school funding ratcheted up a couple of notches this month. Tensions were initially heightened when lawmakers failed to comply with the court's June 3rd order requiring them to appropriate $143 million more for the state's public schools by July 1. Efforts to do so were repeatedly blocked by conservative members of the GOP-controlled Legislature seeking instead to impose constitutional limits on the court's authority in such matters. The justices showed little patience for the Legislature's defiance, scheduling a hearing to decide whether to shut down the state's schools as a way to pressure lawmakers into action, a tactic that has worked in states like ARIZONA, NEW JERSEY and TEXAS. That threat appeared to have a sobering effect on some lawmakers. Senate Education Chairwoman Jean Schodorf (R), for example, said, "This shows the court hasn't been fooled and hasn't been afraid of our bluster across the street. They mean business." But the threat seemed only to provoke those who'd been the most indignant about the court's initial order. "This, to me, is just one more solid reason why every single member of the Legislature needs to protect their turf, their authority," said Sen. Kay O'Connor (R). At this point, the state has entered unfamiliar territory, according to Supreme Court spokesman Ron Keefover, who's been the high court's information officer since 1981, and covered the courts as a newspaper reporter prior to that. Keefover said, "In my view...it's a constitutional crisis that I haven't seen, certainly in my tenure of observing and then working with the courts. I have not seen something quite like this." (TOPEKA CAPITAL-JOURNAL, LAWRENCE JOURNAL-WORLD

CA INITIATIVE UNDER REVIEW: One of the high-profile initiatives slated for CALIFORNIA's upcoming special election has run into trouble. Proposition 77, which would take redistricting out of the hands of the state Legislature and turn it over to a panel of retired judges -- an initiative backed by Gov. Arnold Schwarzenegger (R) -- is under review by the state attorney general's office due to irregularities in the process used to qualify the measure for the Nov. 8 ballot. Specifically, the attorney general is looking into discrepancies between the version of the measure that appeared on petitions signed by more than 900,000 voters and the version actually submitted to state officials for approval. While supporters of the initiative dismissed the matter as a simple logistical error, pointing out that they were the ones who actually reported the problem to the attorney general, others didn't share that view. Lance Olsen, a prominent Democratic lawyer, said showing one version of a measure to petition signers and another to voters is a no-no, especially if there are significant differences between the two. "You can't have a bait and switch," Olsen said. But backers insist the differences between the two versions of the measure are insignificant and that the initiative would be upheld by the courts, if it came to that. It is "highly unlikely the judicial system would stand by and ignore the will of a million people," said one. (LOS ANGELES TIMES, SACRAMENTO BEE) 

POLITICS IN BRIEF: Some NEW YORK lawmakers and lobbyists are saying the Legislature is going to reconvene on July 26. Possible agenda items for the yet-to-be-officially-scheduled session include casino gaming legislation and pay raises for judges and legislators (TIMES UNION [ALBANY]). * On a straight party-line vote, OREGON's GOP-controlled House of Representatives approved legislation (HB 5152-A) cutting off funding to the secretary of state's office for auditing state agencies. The House is also considering a companion bill (HB 2001) that would actually turn the secretary of state's auditing powers over to the Legislature. Secretary of State Bill Bradbury (D) has said the Republican effort to strip the power of his office is retaliation for the Democrat-friendly legislative district maps he drew in 2000, after lawmakers failed to agree on a redistricting plan. Neither measure has been approved by the state's Democrat-controlled House (STATESMAN JOURNAL [SALEM]). 
 

-- Compiled by KOREY CLARK

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FLETCHER AIDES INDICTED IN HIRING SCANDAL: The controversy over hiring practices in Bluegrass State government grew bigger last week when KENTUCKY Gov. Ernie Fletcher's (R) chief of staff and two others were indicted on charges of firing or demoting merit employees and filling the posts with their political allies. It is the second time since June 6 that the grand jury has returned indictments in the case. Dick Murgatroyd, Fletcher's deputy chief of staff, was charged with 16 counts of political discrimination, two counts of violating the rights of an executive employee and one count of criminal conspiracy. Two other high-ranking administration members--Corey Meadows, a Transportation Cabinet executive director, and Dan Druen, a transportation administrative services commissioner--were charged with 14 combined counts of political discrimination and one count each of criminal conspiracy. Druen is also facing three misdemeanor counts related to the firing of a ranking transportation deputy inspector general who contends he was let go because he is a Democrat. If convicted, the three men face up to a year in jail, steep fines and a five-year ban on state employment. Lawyers for the three accused men say they will plead not guilty on all counts. Fletcher's office called the charges a "travesty of justice," saying they are politically motivated. Attorney General Greg Stumbo, who initiated the investigation in May, is a Democrat. (COURIER-JOURNAL [LOUISVILLE])

BLAGOJEVICH FAILS HIS OWN ETHICS REFORM STANDARD: ILLINOIS Gov. Rod Blagojevich's (D) push for ethics reform turned heads last week when it was revealed that only $1 out of every $6 he has raised in office meets the criteria of his own proposed reform package. The governor is pushing SB 1822, which is patterned after the 2002 federal McCain-Feingold law that limits the size and number of campaign contributions candidates can gather. Blagojevich's bill would limit individual contributions to $2,000 per candidate per election and no more than $40,000 over a two-year period. Political action committees would also be constrained to no more than $5,000 per candidate. But while the governor has promised to "rock the system and change fundamentally the way campaign dollars are raised in Illinois," an analysis of 3,074 contributions he has received since being elected in 2002 revealed that only $1.8 of the $11.3 million total would conform to that proposal. For example, under those rules only 47 of 1,449 PAC donations he has collected now would be eligible under those rules. Blagojevich did not say whether he would return any of the donations should his bill pass when it comes up in the 2006 session, but he did say it was "counterproductive" to focus on any specific candidate, calling the issue "much larger than any single individual." (STATE JOURNAL-REGISTER [SPRINGFIELD])

GOVERNORS IN BRIEF: The mayor of Anchorage is threatening to sue the state of ALASKA if Gov. Frank Murkowski (R) does not reinstate funding to pay for officers who transport prisoners to court. Murkowski recently vetoed the funding for the "cabbies for convicts" program, saying moving prisoners is a local responsibility (ANCHORAGE DAILY NEWS). · Acting NEW JERSEY Gov. Richard Codey (D) stripped the all-volunteer State Public Health Council of its regulatory power last week, placing it instead totally under the control of the Garden State Dept. of Health and the governor's office. The Council had broad powers to regulate such areas as food safety, blood collection and child vaccinations. Outraged Council members called it a "power grab," but a Codey spokesperson said it was important that the governor and the health department have "direct control and responsibility for all health policies and practices" in the state (STAR-LEDGER [NEWARK]). · HAWAII Gov. Linda Lingle (R) said she will continue to lobby Congress to recognize a native Hawaiian governing body. Some Congressional members oppose the proposal because they say it will lead to "race-based" government and could prompt the Aloha State to leave the union (HONOLULU STAR BULLETIN).   

-- Compiled by RICH EHISEN

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UPCOMING STORIES

Medical marijuana--where to from here?

Eminent Domain--What will states do now?

Tracking the progress of the year's biggest legislative issues

And many more...

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BUSINESS: A NORTH CAROLINA Senate committee endorses legislation that would raise the cap on alcohol content for beer from 6 percent to 15 percent. The measure would allow more foreign-brewed and homegrown micro-brewed specialty beers to be sold in the Tar Heel State, which is one of only a half dozen that have such a limit on alcohol content. It now begins fermenting in the full Senate (VIRGINIAN-PILOT [NORFOLK]). * NEW HAMPSHIRE Gov. John Lynch (D) signs legislation that bars Granite State insurers from using geography and workers' health to set rates for small businesses with less than 50 employees. The new statute also caps premium increases on those companies (CONCORD MONITOR). * The WEST VIRGINIA Supreme Court rules that the Mountain State cannot sue several national brokerage firms, including Stearns & Co., Citigroup Global Markets Inc., Credit Suisse First Boston, Goldman Sachs & Co., Lehman Brothers Inc., and Merrill Lynch among others, for allegedly using false financial forecasts to bilk consumers out of their investments. The court said state consumer protection laws do not protect people involved in highly specialized financial transactions (CHARLESTON DAILY MAIL). 

CRIME & PUNISHMENT: Alleging that medical incompetence and neglect within the system kills one prisoner a week, a federal court announces it will place the CALIFORNIA prison healthcare system under control of a receiver. It is the first time in U.S. history that a government operation the size of the Golden State's prison system has been placed under federal receivership (LOS ANGELES TIMES). * ARIZONA authorities add additional officers to a squad assigned solely to keep track of registered sex offenders after it is determined authorities there have lost track of almost 1,000 such criminals. The Grand Canyon State will now have 10 total officers keeping an eye on more than 14,000 registered sex offenders (ARIZONA DAILY STAR [TUCSON]). * The NORTH CAROLINA House narrowly approves a proposal that would allow minors convicted of nonviolent crimes to clear their criminal records, provided they can show they are reformed. Candidates will have to perform community service in addition to their regular sentence. The House must vote on it again before it moves to the Senate (CHARLOTTE OBSERVER). * ILLINOIS officials announce that the Prairie State will begin a pilot program in December that will use global positioning system technology to track dangerous sex offenders 24-hours a day. The state currently uses the system, but only tracks offenders at home or at work. Approximately 200 offenders will be involved in the program (ST. LOUIS POST-DISPATCH). 

EDUCATION: The University of CALIFORNIA agrees to allow the California State University system to begin issuing doctoral degrees as early as 2007. Lawmakers must also sign off on the deal as current state law bars the CSU system from issuing doctorates. The agreement applies only to education degrees (CONTRA COSTA TIMES). * A federal judge rejects a challenge to a KANSAS law that allows illegal immigrants to attend the University of Kansas for in-state tuition rates. The suit was brought by several out-of-state students, who pay about $4,000 more per semester than do in-state students. The plaintiffs have vowed to appeal (KANSAS CITY STAR). 

ENVIRONMENT: The NORTH CAROLINA House approves a bill calling for an early-warning standard to gauge phosphorous and nitrogen pollution levels in water supply lakes and enhanced monitoring of supplies deemed to be in danger of contamination. It goes now to Gov. Mike Easley (D) for review (NEWS & OBSERVER [RALEIGH]). 

HEALTH & SCIENCE: NEW HAMPSHIRE Gov. John Lynch (D) issues an executive order establishing a commission to study the way the state serves people with developmental disabilities. The order is nearly identical to a bill approved by the Legislature earlier this year, but then later killed in a conference committee (CONCORD MONITOR). 

HOMELAND SECURITY: A CALIFORNIA Assembly committee kills ACA 20, a proposed constitutional amendment that would have created a state police force to enforce immigration laws. The bill's sponsor vowed to push the idea in a ballot initiative for this fall's special election (SACRAMENTO BEE). 

SOCIAL POLICY: The MASSACHUSETTS House overwhelmingly approves a measure that would allow Bay State pharmacists to sell the "morning-after pill" without a prescription and require hospitals to issue it to rape victims. The measure heads back to the Senate, which approved it on a unanimous vote earlier this session, to work out some minor differences. The measure will then go to Gov. Mitt Romney (R), who has not indicated if he will sign it. Because both chambers approved it by veto-proof margins, the measure will become law no matter what Romney does (BOSTON GLOBE). 

POTPOURRI: A federal appeals court reinstates a lawsuit challenging a VIRGINIA law that requires a parent or legal guardian to accompany each participant in a juvenile nudist camp. The court ruled that the regulation violates the free speech rights of the camp's sponsor, the American Association of Nude Recreation. A lower court had earlier laid the suit bare, claiming its premise was not sufficiently covered under Old Dominion law (VIRGINIAN-PILOT [NORFOLK]).
 
 

-- Compiled by RICH EHISEN

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UPCOMING ELECTIONS (07/06/2005 - 07/27/2005)

07/09/2005 Louisiana  Special General
     Senate  006

07/19/2005 Alabama  Special Election
     House  072

07/19/2005 Pennsylvania  Special Election
     House  131

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DOGGIN' IT. If an 11-year-old boy has his way, a familiar sight will disappear from PENNSYLVANIA highways, and tongue-lolling dogs will no longer be able to stick their heads out of windows while riding in a vehicle. Marc McCann, reports the Pittsburgh Tribune-Review, considers the habit a danger to animals and a distraction to drivers, which is why he entered -- and won -- the Legislature's "there ought to be a law" contest. A bill drafted from his proposal was introduced in the House last month and is now making its way through the process. From now on, Scooby-Doo will have to slobber on the window rather than down the side of the car.

CAN YOU SAY "ORBITZ?" For a travel addict, the "big prize" was big indeed -- 12 round-trip tickets for two to any destination served by American Airlines. That, reasoned Jack McCall, might take him to some of the world's most fabulous vacation spots. So, the Wall Street Journal reports, McCall entered the airline's contest, submitting a video montage of his travel experience. And his entry won. But before he and his wife could pack their bags, they were informed that the airline had to put a dollar value to the prize to meet IRS requirements. McCall was stunned to learn that American priced the package at $2,200 per ticket, or $52,800. For a NEW YORK resident like McCall, that made the federal, state and local tax liability close to $19,000. McCall, who travels widely, questioned the per-fare price, grumping that he has never paid more than $1,000 for a ticket. So, he turned down the prize, claiming that he could fly cheaper by purchasing the same tickets through an online discount service rather than paying the tax. Obviously, American never heard of Orbitz or Travelocity. 

NOT FOR EVERYONE. Note the date: May 11, 2005. That may be the low point in the national mania for giving every little event some shred of official government recognition. As the Milwaukee Journal Sentinel reports, WISCONSIN Gov. Jim Doyle proclaimed May 11 as "Root Canal Appreciation Day." It was, the paper notes, one of more than 1,000 proclamations issued by Doyle over the past two years -- a practice the governor defended with, "Other governors do it." Why root canal deserved an appreciation was unclear. Nor was it stated who should do the appreciating -- besides, of course, oral surgeons whose golf club memberships are supported by the procedure. Another Doyle proclamation designated June 4 as "Paul La Schiazza Day." In case the name is unfamiliar, La Schiazza is president of SBC Wisconsin. Still puzzled? La Schiazza gave Doyle's re-election campaign $1,000. 

HEAT THIS. Apparently, LOUISIANA winters now qualify as glacial. Why else would state Insurance Commissioner Robert Wooley need heated leather seats in his taxpayer-financed 2005 Ford F-250 pickup? Come to think of it, why would Wooley need a deluxe, fully outfitted $40,000 Harley-Davidson edition of the truck? Probably to maintain a tradition started in 2004 when he bought, at taxpayer expense, a $40,000 Eddie Bauer-edition Ford Expedition, complete with DVD navigation system, CD player and leather seats. Wooley's tradition irritated more than a few state lawmakers, however. Thanks to a bill on the governor's desk, officials now must secure legislative approval before spending taxpayer money on a luxury vehicle. The bill, notes the New Orleans Times-Picayune, recently passed the House 97-2 after speeding through the Senate. (The governor and lieutenant governor are exempt for security reasons.) A chagrined Wooley has given the two vehicles back to the state. No word on whether he now drives a stripped-down Mazda.
 

-- By A.G. BLOCK

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Editor: Rich Ehisen
Associate Editor: Korey Clark
Contributing Editor: A.G. Block
Editorial Advisor: Lou Cannon 
Correspondents: Richard Cox (CA), Steve Karas (CA), 
Bruce McKeeman (CA), Linda Mendenhall (IL), 
Lauren King (MA) and Ben Livingood (PA) 
Design: Richard Hansen, Heather Conway 

Copyright 2005 State Net
ISSN: 1521-8449