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Volume
XIII, No. 26
August 1, 2005
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| TOP
STORY
Government jobs are often
viewed as a trade off - less money for better benefits. But those benefits
are now running states billions of dollars into debt and raising the specter
of Draconian budget cuts and big tax hikes. |
SNCJ
Spotlight
Public pensions,
public problems
Ask government employees to name the best part about working in the
public sector, and most will likely say it is the benefits. Those perks,
many of which grew vigorously during good fiscal times, often include
a generous pension that can pay workers significantly more
in retirement than they ever made on the job. But now, with financial markets
in an extended lull and state budgets struggling to make ends meet, state
and local retirement systems are facing hundreds of billions of dollars
in unfunded pension debt. |
State and local governments in NEW YORK, NEW JERSEY, CALIFORNIA,
MASSACHUSETTS, VERMONT and COLORADO are just a few of those feeling
the enormous weight of underfunded public pensions. Analysts calculate
that as of 2003, the 123 largest state and city funds were collectively
around $366 billion short of meeting their retirement funding liabilities,
a whopping $611 million turnaround from where they stood in 2000.
Some pension experts think the situation could be even worse than it
appears. Barclays Global Investors, one of the nation's largest pension-fund
investment managers, says states are publicly softening the blow of this
impending payout by using liberal accounting practices not accepted in
the private sector. Using private industry's more rigid standards,
Barclays estimates states are actually more than $700 billion in the red.
And that does not even include retiree health care costs.
Whatever the method of calculation, pension-debt is growing faster than
anyone seems to have predicted. Just last month, for example, KANSAS learned
that the unfunded liability of the state's Public Employee Retirement System
grew by $1 billion between 2003 and 2004, from $3.58 billion to $4.74 billion.
Sunflower State officials did not expect that debt to reach $4 billion
until at least 2011.
And how has this almost unfathomable reversal of fortune happened? The
"dot.bomb" tech collapse certainly played a major role. That crash and
subsequent prolonged bear market wiped out state coffers, spawning Draconian
budget cuts and painful tax hikes from which states are only now beginning
to recover.
Lawmakers on both sides of the aisle are also to blame for handing out
ever-more luxurious defined benefits to government employee unions, both
during and after the tech boom. Many reasoned that stock windfalls alone
would pay for all the additional goodies, making it a no-risk deal for
everyone.
Guided by that logic, former California Gov. Gray Davis (D) couldn't
hand out enhanced benefits fast enough between 1998 and 2001. But the market
crash resulted in the state's annual pension fund payment rising from an
all-time low of $157 million in 2000 to $2.5 billion for the fiscal year
that just ended. The state's non-partisan Legislative Analyst's Office
says that at least $600 million of that figure -- almost 25 percent --
is a direct result of increases handed out during the tech boom. That doesn't
sit well with many public policy advocates.
"Politicians have systematically, over a period of years, over-obligated
the system," says Larry McCarthy, president of the California Taxpayer's
Association, a Sacramento-based group. "The stock market spike was just
an excuse to justify giving public employees even greater benefits."
Many of those same lawmakers have also been guilty of consistently underfunding
or raiding those plans in order to cover budget shortfalls. This has long
been the case in ILLINOIS, where the pension systems are already underfunded
by $35 billion, the largest such deficit of any state. But that didn't
stop Prairie State lawmakers from issuing $10 billion in pension-obligation
bonds last year, with proceeds intended to fund the state's five public
employee pension systems.
Pension bonds are an opportunity for governments to take out low interest
loans, then invest the money in the hope of earning enough back to cover
their pension obligations. It is a great deal...as long as the investments
pay more than the loan costs. They have worked well in places like Oregon,
which has seen a projected $17 billion pension gap shrink to $6 billion
through bond sales. But a state Supreme Court ruling in March invalidated
other cost savings measures, leading critics to contend that state is again
vulnerable to a severe market downturn.
Numerous cities and counties nationwide are also struggling with massive
pension debt problems, much of them a product of their own making. San
Diego, for example, has become the poster child for highly questionable
pension management for its use of the deferred-retirement option plan (DROP),
which allows city workers to start drawing their pension -- usually equal
to 90 percent of their normal salary -- as soon as they become eligible,
while also continuing to work at their regular salary. The retirement money
is sent into a special account where it draws a guaranteed minimum of 8
percent interest as well as annual 2 percent cost-of-living increases.
That allows workers making $50,000 a year to collect a lump sum of $300,000
at retirement, with higher paid workers walking away with nearly $1 million.
In 1998, the city of Houston adopted its own DROP, this one with
a guaranteed minimum return of 8.5 percent. Houston's pension fund quickly
went $1.9 billion into the red, dropping from being funded at 91 percent
all the way down to 60 percent, even after city officials raised the payroll
contribution toward pensions from 9.5 percent to 32 percent. Worse, an
outside actuary brought in to study the situation determined that under
some scenarios, a lifelong employee retiring with a $92,000 annual salary
could expect to see as much as $420,000 a year in benefits.
The fallout in San Diego has been severe. In April, mayor Dick Murphy
resigned amidst a federal probe into allegations of fraud in his handling
of that pension fund, which is now sporting a deficit of at least $1.37
billion. Many other city officials have followed Murphy's lead, including
the city councilman who was serving as his interim replacement. Houston
officials have fared somewhat better. Although Texas voters in 2003 approved
a constitutional amendment barring governments from taking back pension
benefits promised to workers, they did allow cities a one-time opportunity
to do so as long as voters approved. Last May, Houston voters did just
that, ending the city's DROP system.
But many goverments are still fighting the battle of the pension bulge.
At stake is not whether government workers will get their pensions -- that
is pretty much guaranteed by law. The question, rather, is whether major
tax hikes or drastic cuts in public services -- schools, police officers,
firefighters -- will have to be made to fund those pensions. The alternative
question, of course, is whether lawmakers will have the political will
to work out a better way than either of those two options.
Some states, including MICHIGAN, FLORIDA and Oregon, have already started
placing new public employees into 401(k)-style defined-contribution plans
instead of the luxurious defined-benefit programs older workers enjoy.
ALASKA joined that group last week when Gov. Frank Murkowski (R) signed
SB 141, which mandates that pensions for all teachers and state employees
hired after July 1, 2006 be defined contribution plans. The Last Frontier
is facing a pension shortfall of over $6 billion.
As might be imagined, these changes do not sit well with public employee
unions. Just ask California Gov. Arnold Schwarzenegger (R), who tried to
muster public support for a defined-contribution proposal earlier this
year. The Governator, once the most popular politician in the state, was
met with such a ferocious union counter attack -- which basically claimed
he was trying to rip the pensions out of the hands of police and fire widows
-- that he dropped the issue from his "Year of Reform" agenda.
That unexpected trip to the woodshed tarnished Schwarzenegger's once-golden
image, starting a slide in popularity that has seen his approval ratings
spiral downward into the Davisesque range and threatening to torpedo the
rest of his reform proposals. The governor has vowed to bring the issue
up again in 2006.
It is possible that Schwarzenegger's experience could make other reform-mined
lawmakers hesitant to tackle the issue in the future. Larry McCarthy doubts
that will be the case in California, noting that "there is no question
Schwarzenegger has the political courage" to make another go at pension
reform. But McCarthy also warns that the more the public becomes aware
of the issue, the more likely they will support changing the system.
"At some point, there has to be a groundswell from the citizens, because
we can't just let this deprive our kids in school" he says. "The question
is, `Are taxpayers indignant enough to do something about this?'"
That is open to debate, as Schwarzenegger's experience shows. But while
doing something -- anything -- with public employee pensions appears treacherous,
the opposite option seems much worse.
"This is not legislation that necessarily solves the problem," says
Murkowski of SB 141. "We think this change will stop the so-called bleeding."
"It's always easier to do nothing," adds Alaska Senate Finance Committee
Chairwoman Lyda Green (R). "We were rapidly facing a dangerous future if
we did nothing." (SACRAMENTO BEE, NEW YORK TIMES, BUSINESS WEEK, SAN FRANCISCO
CHRONICLE, FORTUNE, BERGEN COUNTY RECORD, MINNEAPOLIS STAR TRIBUNE, LAWRENCE
JOURNAL WORLD, ANCHORAGE DAILY NEWS)
-- Compiled by RICH EHISEN
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Bird's
eye view
States
link up to stop sex offenders
Tracking convicted sex offenders across multiple states got easier last
month when the U.S. Department of Justice went online with the National
Sex Offender Public Registry (NSOPR) Web site. The site currently links
the sex-offender registries of 21 states and the District of Columbia,
with all 50 states expected to eventually be similarly linked. The registry,
which drew more than 22 million hits in its first 12 hours of operation,
allows the public to use a single query to search out information about
registered sex offenders. Each state is responsible for providing its own
information. The accompanying map shows which states are currently on the
site, which can be viewed at www.nsopr.gov.
-- By RICH EHISEN
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OF PAGE
The
Week in Session
States in Regular
Session: MA, NC, OR, US
States in Special Session:
ME "b", TX "b"
States in Recess:
CA, DC, IL, MI, NH, NJ, NY, OH, PA, WI
Special Sessions in Recess:
CA "a", DE "a", OK "a"
States Adjourned in 2005:
AK, AL, AR, AZ, CO, CT, DE, FL, GA, HI, IA, ID, IN, KS, KY, LA, MD,
ME, MN, MO, MS, MT, ND, NE, NM, NV, OK, RI, SC, SD, TN, TX, UT, VA, VT,
WA, WV, WY
States in Special Session
Adjourned in 2005: AK "a", AL "a", CT "a", KS "a", ME "a", MN "a",
MS "a", MS "b", MS "c", MS "d", NV "a", TX "a", UT "a", VT "a", WI "a",
WV "a", WV "b", WV "c"
Letters
indicate special/extraordinary sessions
Compiled
By JAMES ROSS| Data current as of 7/29/05 | Source: State Net
database
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Budget & taxes
SPECIAL SESSION FOLLIES IN TEXAS:
The TEXAS Legislature's 30-day special session on school finance
reform and property tax relief came to an end two weeks ago without resolution
of either issue. Gov. Rick Perry (R) immediately called legislators into
a second special session. But, so far, it hasn't looked any more promising.
Last week, after House Republicans tried and failed to bring their school
finance bill up for a vote without debate, Democrats, with a little help
from some GOP members, managed to tack amendments onto the measure which
were so unpalatable to the GOP leadership that they turned on the bill
themselves and engineered its 79-62 defeat. The House membership was decidedly
less ambivalent about the companion tax-relief measure, voting it down
124-8. Perry refused to give up, saying "I still believe where there is
a will, there's a way," and pointing out there's still plenty of time left
in the session -- which can run up through Aug. 19 -- to achieve its aims.
House Speaker Tom Craddick (R), however, wasn't quite so resolute. "I don't
know where we go from here," he said. Theoretically, the Senate could still
advance the school finance and tax-swap issues, but they face strong opposition
in that chamber as well. The dismal state of affairs has some lawmakers
talking about waiting until the state Supreme Court rules on an appeal
of last year's court decision which mandated that the state change its
school funding system -- and ultimately led to the current mess. That ruling
may not come until late August or September. (DALLAS MORNING NEWS, SAN
ANTONIO EXPRESS-NEWS, HOUSTON CHRONICLE, AUSTIN AMERICAN-STATESMAN)
IL EXPANDS MEDICAID COVERAGE: Last
year, nearly half of the states made cuts to their Medicaid programs in
an effort to balance their budgets, including TEXAS, which dropped 149,000
children from its Medicaid rolls, and TENNESSEE, which removed more than
300,000 adults. But ILLINOIS is bucking that trend. This year, the Prairie
State will add about 313,000 adults and children to its Medicaid program.
Even more curious is that those additions were authorized without a tax
increase, despite the fact that the state was already facing a projected
budget deficit of at least $2 billion. But state Medicaid director Ann
Murphy says the expansion will save the state money in the long run. "If
you cut Medicaid, you lose the federal match, private insurers pay more,
and people don't get preventative care," she said at a news conference
last week. "If you invest now, you cut down on future costs." (ST. LOUIS
POST-DISPATCH)
BUDGETS IN BRIEF: MARYLAND Gov.
Robert L. Ehrlich Jr. (R) announced recently that the Old Line State ended
the fiscal year on June 30 with a $1 billion surplus. Ehrlich conceded
that the national economic recovery certainly helped, but he also noted
that he inherited $4 billion in projected deficits from the Democrats when
he took office two years ago, and that the "remarkable turnaround" vindicated
his administration's spending cuts and resistance to tax increases (WASHINGTON
POST, BALTIMORE SUN). * For the first time since the 1980s, MICHIGAN has
used up all of the federal money it received this year to help poor residents
afford their electricity bills, with over two months still to go before
the state gets its next allocation. The Department of Human Services said
the shortfall was due to a combination of higher energy costs, increasing
demand and less federal money, and that the state's emergency fund would
be used to cover it (ASSOCIATED PRESS, BOOTH NEWSPAPERS [LANSING]). * Last
Tuesday, ALABAMA lawmakers passed a General Fund budget for the 2005-06
fiscal year, allowing them to end the special session which began two weeks
ago. Gov. Bob Riley (R) called the session after the Senate failed to bring
the budget up for debate during the regular session, due to a power struggle
in the chamber (MONTGOMERY ADVERTISER, BIRMINGHAM NEWS). * Demonstrating
once again that WISCONSIN's governor wields the mightiest veto pen in the
nation, Gov. Jim Doyle (D) signed a state budget last week that nearly
doubled the amount of money the Republican-controlled Legislature allocated
for education. Doyle's 139 vetoes cut nearly $360 million in what the governor
termed "excessive" and "pork" spending from the budget that lawmakers approved,
redirecting that money to the state's schools (WISCONSIN STATE JOURNAL
[MADISON]).
-- Compiled by KOREY CLARK
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Politics &
leadership
ECONOMIC SHIFT UPSETTING FEDERAL-STATE
BALANCE: An article that will soon appear in PS: Political Science
& Politics, a journal of the American Political Science Association,
poses the theory that states' rights may be waning (see STATES' RIGHTS
IN DECLINE? in July 18 issue) because of a "sea change" in the relationship
between the states and the business community. According to Paul Posner,
managing director of federal budget and intergovernmental relations with
the Congressional Government Accountability Office, while businesses and
state governments were allies in the past, the "globalized economy, an
increasingly nationalized media culture and a more centralized political
system" are prime indicators that federalism is on the way out. Posner
writes that now, "big business has become a foe of state innovation and
a friend of federal preemption." Richard Nathan, co-chair of the NEW YORK-based
Rockefeller Institute of Government, concurs that there are powerful centralizing
forces currently at work, but he contends that despite those forces, states
aren't cowing to Washington -- as evidenced by their defiance on such issues
as stem cell research, prescription drug importation, medicinal marijuana
and the No Child Left Behind Act. As Nathan sees it, the fact that the
states have been able to create effective policy in spite of "a Republican
regime" that is "so strong, bold, conservative" and not particularly interested
in states' rights is proof that federalism is working. (STATELINE.ORG)
NC WEIGHING BOTH SIDES OF VOTER-REGISTRATION
REFORM: NORTH CAROLINA lawmakers considering a bill to let residents
register to vote up to three days before an election learned an interesting
fact recently, courtesy of the U.S. Elections Project at George Mason University:
last year, voter turnout in the six states that allowed registration right
up through Election Day averaged 74 percent, while turnout in the other
44 states was only 60 percent. Kenneth Mayer, a political science professor
at the University of Wisconsin at Madison, expanded on that statistic.
"Political science research indicates that same-day registration is probably
responsible for somewhere in the neighborhood of 7 to 10 percent turnout,"
he said. But despite the evidence that easing the state's current requirement
that residents must register at least 25 days before Election day might
improve its meager 59 percent turnout rate, Tar Heel State lawmakers remain
divided along party lines over the issue. Democrats contend the state should
do everything in its power to get as many people to vote as possible, while
Republicans argue that same-day registration would increase voter fraud.
Mayer says that's a legitimate concern. "[Same-day registration] does increase
the probability of ineligible people casting ballots. The reason we have
registration is that we know someone is eligible." Democrats do control
both chambers of the state's General Assembly, as well as the governor's
office, but the bill, having just passed out of a House committee last
week, still has a long way to go. (WINSTON-SALEM JOURNAL)
CA REDISTRICTING MEASURE IN LEGAL LIMBO: On
July 21st, a CALIFORNIA Superior Court judge ordered the removal of Proposition
77 -- Gov. Arnold Schwarzenegger's (R) plan to take redistricting out of
the hands of the state's Democrat-controlled Legislature -- from the state's
November special election ballot, on the grounds that the version of the
initiative filed with the state differs from the one circulated on petitions
used to qualify it for the ballot. But Schwarzenegger and other supporters
of the measure got a reprieve last week when the state's 3rd District Court
suspended the lower court's order pending an appeal of its ruling. While
the appellate court stressed that its action was no indication of how it
might ultimately rule, proponents are optimistic. "We hope this is the
first step toward restoring the rights of the 951,000 people who signed
petitions to put Proposition 77 on the ballot," said one of the attorney's
leading the appeal. At the very least, the upper court's stay allowed Proposition
77 to be included in the 20-day public review of the upcoming ballot measures
which began last Tuesday. Failure to meet that requirement might have assured
the initiative's demise, regardless of how the appellate court rules. (SACRAMENTO
BEE)
NATIVE HAWAIIAN BILL STALLED IN CONGRESS:
Hopes dimmed somewhat for a federal bill to recognize Native Hawaiians
as an indigenous people, similar to Native Americans and Native Alaskans,
when the measure failed to come up for a vote in the U.S. Senate two weeks
ago as expected. The Native Hawaiian Government Reorganization Act of 2005
(S 147) -- generally referred to as the Akaka Bill, after its key sponsor,
U.S. Sen. Daniel Akaka (D) -- was held up by several holds placed on the
bill by Republican senators. "The message from leadership is they will
not let us go forward," Akaka said in a July 20 press conference. "It is
very disappointing to me. We have worked for many, many years just trying
to get it to the floor for a vote." Concern about the expansion of gambling
is apparently one of the main reasons for resistance to the measure, but
Hawaii's other U.S. senator, Daniel Inouye (D), also mentioned a couple
of other reasons. "There are senators concerned about extending the rights
of Native Americans. And there are senators concerned about the [legal]
claims they feel will be generated by this bill," he said. A vote on the
measure is still possible when the Senate returns from its August recess
after Labor Day, but it may end up being sidelined by other pressing Senate
business, such as the confirmation of Supreme Court nominee John Roberts.
"I can see myself being pushed into the background," said Inouye. (HONOLULU
STAR-BULLETIN, HONOLULU ADVERTISER)
MEDICAID MEMO SPARKS LATE FIREWORKS IN MISSOURI:
The head of MISSOURI's Division of Family Support, Janel Luck,
recently issued a memo to the agency's caseworkers instructing them not
to encourage Medicaid clients to contact their lawmakers about changes
in the program's eligibility requirements enacted by the Legislature earlier
this year. Evidently, Luck was tired of hearing from angry lawmakers who,
in turn, were tired of hearing from angry Medicaid recipients whose benefits
had been cut and who reportedly claimed their caseworkers had told them
to take up the matter with their elected representatives. The memo stated:
"We need to provide clear information to our clients about the specific
impact any program change may have on the client. Clients may indicate
their intent to call their legislators, but staff should not initiate this
type of discussion." The Democratic minority in the Legislature saw the
directive as an opportunity to take a shot at the GOP. "There's absolutely
no reason underpaid state employees should be falling on their sword for
Governor [Matt] Blunt and the Republican Legislature," said Democratic
Party spokesman Jack Cardetti. "They [Republicans] want to gloss over the
fact that they took health care away from 100,000 people. When these people
have questions, it's now `inappropriate' to direct them to the governor's
office or legislators." Gov. Blunt's spokesman returned fire: "That is
a wild and ridiculous allegation from the party that believes government
can never be big enough and taxes can never be high enough." A hint, perhaps,
of things to come as lawmakers across the nation struggle with the explosive
issue of Medicaid reform (KANSAS CITY STAR).
-- Compiled by KOREY CLARK
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Governors
PATAKI RULES OUT FOURTH NY TERM: NEW
YORK Gov. George E. Pataki (R) announced last week that he will not seek
a fourth term as governor. Pataki has long been thought to be mulling a
presidential bid in 2008. That possibility has met with mixed emotions
from national and state GOP operatives, many of whom think Pataki -- who
supports both abortion and gay rights -- is too liberal to win over the
red states. His decision to announce his plans more than a year before
the 2006 governor's election was met with relief by state Republicans anxious
to turn their full efforts toward fending off state Attorney General Eliot
Spitzer, the leading Democrat in the field. Spitzer has developed a strong
national profile for his aggressive investigations of corporate malfeasance
and was considered to be the frontrunner even if Pataki had chosen to seek
another term. No clear Republican successor to Pataki has emerged. A pair
of potential candidates mentioned in recent months -- former New York City
mayor Rudolph Giuliani and current mayor Michael Bloomberg -- have both
said they have no interest in the job. (NEW YORK TIMES, ASSOCIATED PRESS)
GOVS SAY REAL ID WILL BE REAL EXPENSIVE:
Several attendees at last month's National Governors Association conference
voiced strong complaints to federal Homeland Security Secretary Michael
Chertoff about the cost of complying with the new federal REAL ID Act.
The law, passed in June, will require states to verify that driver's license
applicants are American citizens or legal residents. Angry governors say
that will cost states hundreds of millions of dollars, lead to a tripling
of fees for motorists and create even longer lines at state DMV's. Many
echoed the words of incoming NGA chairman and ARKANSAS Gov. Mike Huckabee
(R), who said "It's outrageous to pass this off on states. You're essentially
asking the front-line clerks at the DMV to become an INS agent and a law
enforcement agent." Chertoff assured governors that the feds will work
with states to make the system efficient, and claimed REAL ID will help
fight crimes like identity theft. NEW MEXICO Gov. Bill Richardson (D) was
unconvinced, calling it a "short-sighted, ill-conceived initiative" that
crosses constitutional boundaries in several areas. Richardson also said
his state will challenge REAL ID in court. (ASSOCIATED PRESS, NEWS JOURNAL
NEW CASTLE-WILMINGTON)
TOO EARLY FOR PARDONS IN KENTUCKY HIRING
FLAP: KENTUCKY Gov. Ernie Fletcher (R) said last week that it
is too early to consider granting pardons to eight members of his administration
recently indicted on charges of violating Bluegrass State civil service
hiring laws. But Fletcher also would not rule out that option, saying only
that "it is inappropriate to talk about it at this time." The idea was
broached by a former GOP gubernatorial candidate Larry Forgy after his
federal lawsuit seeking to stop the investigation by state Attorney General
Greg Stumbo (D) was tossed out. Forgy claimed the investigation is politically
motivated. It was later learned that Fletcher himself tried to convince
Stumbo to dissolve the grand jury in exchange for Fletcher's admission
that "mistakes may have been made" in filling state positions and a promise
that the governor would take "appropriate personnel actions" against offending
employees. Fletcher also agreed to appear before the grand jury, but only
if he could do so without being under oath and with his attorney present,
which Stumbo rejected. The judge presiding over the grand jury responded
to the matter by reminding jurors in open court that only the court --
not Fletcher or Stumbo -- has the authority to disband them, no matter
what deal the governor and attorney general work out. Meanwhile, the former
employee whose firing sparked the patronage investigation filed a federal
lawsuit against the state and the Republican Party of Kentucky. The suit
alleges that the employee's civil rights were violated when state officials
targeted her for termination for being a Democrat. (KENTUCKY POST [COVINGTON],
COURIER-JOURNAL [LOUISVILLE])
GOVERNORS IN BRIEF: WASHINGTON Gov.
Christine Gregoire (D) announced a new initiative to clean up Puget Sound,
the Northwest Region's signature body of water. Gregoire says her goal
is to make restoring the Sound a top national environmental priority in
the same manner as recent efforts to clean up the Everglades, the Great
Lakes and Chesapeake Bay (SEATTLE POST-INTELLIGENCER). * MISSOURI Gov.
Matt Blunt (R) announced a new anti-obesity effort designed to turn Show
Me State residents toward a healthier lifestyle. More than 23 percent of
all Missouri residents are considered to be obese. The plan will focus
primarily on education (NEWS TRIBUNE [JEFFERSON CITY]). * ARKANSAS Gov.
Mike Huckabee (R) formed his own "527" national political action committee
designed to help him support GOP gubernatorial candidates across the nation.
There will be 36 elections for governor in 2006 (ARKANSAS DEMOCRAT-GAZETTE
[LITTLE ROCK]). * MONTANA Gov. Brian Schweitzer (D) scoffed at recent rumors
that he would run for president in 2008. Schweitzer said a recent newspaper
article that referred to him as the Democrats' "best shot to take back
the White House," was "kooky" (BILLINGS GAZETTE).
-- Compiled by RICH EHISEN
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OF PAGE
UPCOMING STORIES
- The high cost
states pay to attract industry
- Tracking the progress
of the year's biggest legislative issues
And many more...
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|
Hot issues
BUSINESS: The CALIFORNIA
Supreme Court rules that workers may sue employers for sexual harassment
even if the boss never asked for sex or made inappropriate sexual advances.
The court's decision now allows workers to file suit if they suspect they
have lost promotions to colleagues who are engaging in sexual relationships
with managers or employers (LOS ANGELES TIMES). * Still in CALIFORNIA,
Gov. Arnold Schwarzenegger (R) signs AB 68, which allows automotive consumers
to purchase a two-day "cooling off" period when acquiring a used car. The
measure applies to cars valued at less than $40,000 and caps dealer fees
for the service at $250 (SAN FRANCISCO CHRONICLE). * ILLINOIS Gov. Rod
Blagojevich (D) signs a measure that prohibits the sale or rental of violent
or sexually explicit video games to minors. Within an hour, several retail
associations filed a lawsuit in federal court challenging the law's constitutionality.
The statute imposes a $1,000 fine on clerks who rent the videos to anyone
under 18 (CHICAGO TRIBUNE). * A MICHIGAN court upholds the Wolverine State's
law requiring contractors to pay union wages and benefits to workers on
public projects. The builders group that brought the suit says it will
appeal the decision to the state Supreme Court (DETROIT FREE PRESS). *
The ALABAMA House unanimously endorses a proposal to bar governments from
taking private property in non-blighted areas to make way for private development.
The measure heads to Gov. Bob Riley (R), who has said he will sign it (BIRMINGHAM
NEWS).
CRIME & PUNISHMENT: The MONTANA
Supreme Court rules that law enforcement officials do not need a search
warrant to rummage through a private citizen's garbage cans in pursuit
of evidence. The Court's ruling concludes that garbage is intentionally
abandoned property, which is not constitutionally protected against invasion
of privacy (BILLINGS GAZETTE). * The ALABAMA House unanimously approves
a measure that calls for a mandatory 20-year sentence for Class A felony
sexual offenses committed against a child. It also would require certain
offenders to wear a global positioning ankle bracelet for more than a decade
after serving their term. It heads to Gov. Bob Riley (R) (BIRMINGHAM NEWS).
* CALIFORNIA Gov. Arnold Schwarzenegger (R) signs AB 1741, which bars foreign
workers from handling personal information from state voters lists or petition
drives. Bill supporters said the measure was sparked by the fact that some
petition groups were using firms located in foreign countries to verify
signatures, which they claim made voters more vulnerable to identity theft
(SACRAMENTO BEE).
EDUCATION: The NORTH CARLINA House
approves a proposal to bar sugar-filled soft drinks from middle school
vending machines. Sodas would also not be able to make up more than half
of the available options in high school vending machines. The measure now
moves to Gov. Mike Easley (D) (CHARLOTTE OBSERVER). * The ALABAMA Legislature
okay's a measure that makes American Sign Language an official foreign
language in Heart of Dixie schools. It now goes to Gov. Bob Riley (R),
who has not indicated if he will sign it (MONTGOMERY ADVERTISER).
ENVIRONMENT: A federal appeals court
upholds a lower court's order that the government must spill water through
five Northwest hydroelectric dams to aid young salmon in migrating to the
Pacific Ocean. Dam operators say that doing so will cost them $67 million
in lost revenue, which they will likely pass on to customers in WASHINGTON,
IDAHO, OREGON and MONTANA (SAN DIEGO UNION TRIBUNE).
HEALTH & SCIENCE: The OREGON
House approves SB 782, which would exempt as many as 10,000 Oregon Health
Plan recipients from paying premiums for participating in the plan. The
exemptions would be for people earning less than 10 percent of the federal
poverty level. It now goes to Gov. Ted Kulongoski (D), who is expected
to sign it (STATESMAN JOURNAL [SALEM]).
HOMELAND SECURITY: MISSOURI Gov.
Matt Blunt (R) reorganizes the Show Me State's homeland security bureaucracy
by creating a new 17-member advisory council responsible for recommending
improvements to current state and local security plans. The council will
also provide suggestions for how to spend federal homeland security funding
(KANSAS CITY STAR).
SOCIAL POLICY: A federal court rules
that CALIFORNIA courts have the right to remove Native American children
from their parents on reservations and place them into foster care. The
Congressional Indian Child Welfare Act of 1978 gives tribes exclusive jurisdiction
over custody issues on reservations, "except where such jurisdiction is
otherwise vested in the state under existing federal law." (LOS ANGELES
TIMES). * MASSACHUSETTS Gov. Mitt Romney (R) vetoes legislation that would
have allowed pharmacists to dispense "morning-after" birth control pills
without a prescription and required hospitals to offer it to rape victims.
Legislative leaders in both the House and Senate -- where the measure
was approved by veto-proof margins -- say they will attempt to override
Romney's veto (BOSTON GLOBE).
POTPOURRI: The CONNECTICUT Supreme
Court grants lawyers who represent children in custody disputes absolute
immunity from being sued by angry parents. A lower court had earlier granted
only limited immunity in such cases (HARTFORD COURANT). * KANSAS Gov. Kathleen
Sebelius (D) vetoes a proposal to require state agencies to put disclaimers
in their advertising to indicate the ads were paid for with tax dollars.
Sebelius said the measure was confusing and would waste more money than
it saved (WICHITA EAGLE). * The ALABAMA Legislature approves a measure
that would bar employers from making workers called to jury duty use sick
leave and vacation time during their service. It would also triple the
fine -- from $100 to $300 -- for those who skip out on jury duty. It now
awaits judgement from Gov. Bob Riley (R) (MONTGOMERY ADVERTISER).
-- Compiled by RICH EHISEN
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UPCOMING
ELECTIONS
(07/28/2005 - 08/18/2005)
08/04/2005 Tennessee
Special Primary
House 087
Senate 029
08/06/2005 Louisiana special
general election
House 087
08/16/2005 South Carolina
Special Election
House 121
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Once around the statehouse lightly
POLICE MUG SHOT OF THE WEEK
comes from OHIO and is noted here if only to demonstrate that nothing in
life is so bizarre as, well, the real deal. This little nugget comes to
us courtesy of The Smoking Gun and Poynter Institute's Romenesko.com Web
site: http://www.thesmokinggun.com/archive/0721051gold1.html,. No, the
subject is not a state legislator.
REAL CRIMINAL ACTIVITY OF THE WEEK
was perpetrated in WISCONSIN where a homeowner in Greendale had the audacity
to put a sculpture of Big Bird on the chimney of his historic home. The
large blue ornament, reports the Milwaukee Journal-Sentinel, was received
by neighbors with a mix of anger and dismay, so village trustees voted
to deny the owner -- an artist who also manufactures the ornaments -- a
special use permit to display the "Sesame Street" icon. Big Bird apparently
had turned the quiet street into a gawkers' paradise, upsetting other residents.
BAD DAY ON THE STREET: Gov. Mitt
Romney just wanted to reassure Bostonians that public transit was safe
in the wake of the London subway bombings. But as the Boston Globe reports,
the MASSACHUSETTS chief exec had a bad day mixing with constituents. First,
he didn't know how much it cost to ride the subway, guessing "a buck" when
asked by a reporter. The actual cost, reflecting a 2004 increase, is $1.25.
Later, a homeless man loudly demanded to know if Romney was running for
president and a locally infamous "cat lady" accused him of killing her
animals. Not the kind of stuff that the governor's taxpayer-funded "image
team" is likely to promote.
IF THE LABEL STICKS: Once upon a
time, the Black Panther Party of Oakland gained fame for attending a session
of the CALIFORNIA Legislature while fully armed. They gained infamy for
a variety of gang-related incidents but also created a wide range of social
programs designed to improve the lives of ghetto children. Despite that
mixed activity, the Panthers, founded by Huey Newton and Bobby Seale, were
anything but a mainstream political or social organization. Newton, in
fact, spent time in prison and was shot to death by a drug dealer in 1989.
But as the San Francisco Chronicle reports, the Black Panther legacy has
gone very mainstream. Newton's widow is marketing a hot sauce called "Burn
Baby Burn" -- a play on the slogan used by the Panthers during urban riots
a generation ago. She hopes the provocative label will highlight the group's
social heritage. Or not.
ROOM WITH A VIEW: That's all Juren
Ding wanted -- a nice panorama of Anderson Lakes from his little $1 million
cottage not far away. The only problem: nearly 40 pesky clumps of vegetable
matter obscured the view from his deck. So, notes the Minneapolis Star-Tribune,
the 39-year-old MINNESOTA resident cleared his sightlines. Never mind that
the procedure involved the removal of 37 trees located on city parkland.
Someone -- perhaps a neighbor -- complained to the city, and Ding now faces
criminal charges, including possible jail time and a $10,000 fine. Apparently,
he did it twice, the second time after being warned by the city.
KEYSTONE KOPS: The effort to battle
terrorism is no joke, but the list of CALIFORNIA sites eligible for federal
protection money had some Golden State officials both baffled and amused.
On the list, reports the San Jose Mercury-News, were a Sunnyvale amusement
center known as "Golfland," San Jose State's football stadium, HP Pavilion,
Compaq Center, and a shopping center known as "Candlestick Mills." Why
amused? "Golfland" has a capacity of 750 yet was given the same status
as Disneyland and Great America. The stadium is a third the size of Stanford
Stadium, which was not on the list. HP Pavilion and Compaq Center are the
same place yet each was listed as a separate facility eligible for federal
funds. And "Candlestick Mills" does not exist. Oh, and the Golden Gate
Bridge was not mentioned. Yep, we feel more secure already.
-- By A.G. BLOCK
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In
The Hopper
State Net tracks
tens of thousands of bills in all 50 states and Congress at any given time.
Here's a snapshot of what's in the legislative works:
Number of 2005 prefiles
last week: 47
Number of 2005 Intros
last week: 767
Number of bills enacted/adopted
last week: 557
Number of 2005 prefiles
to date: 33,732
Number of 2005 Intros
to date: 155,362
Number of enacted/adopted
overall in 2005: 35,868
Compiled
By JAMES ROSS | Data current as of 7/28/05 | Source: State Net database
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In case you missed
it: Eminent Domain
The July 18 issue
of the State Net Capitol Journal took a close look at one of today's hottest
issues - how states are reacting to the recent U.S. Supreme Court ruling
on eminent domain. As noted there: The recent U.S. Supreme Court ruling
allowing governments to seize private property to foster private economic
development has brought often bitter political rivals together to clarify,
modify or just plain reverse state eminent domain laws.
In case you missed it, the
full story can be viewed on our Web site at www.statenet.com
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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
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