Term limit turmoil
 
With all but a few legislatures now done for the year, most state lawmakers are fully ensconced in daily routines not dominated by politics. The majority will eventually return to their statehouse offices, recharged and ready to pick up where they left off. But for hundreds of termed—out lawmakers across more than a dozen states (see Bird's eye view on p.3), there will be no old familiar office to go back to, no resumption of duties to speak of. Those folks will instead pack their years of experience and expertise and move on, replaced by a new set of lawmakers with their own ideas, perspectives and agendas. While some see this as democracy in action, a growing number of critics see the term limit process as democracy run amok.
 
While term limits satisfy the public's desire to derail career politicians — almost 1,500 lawmakers have been shuttled out of office nationwide since 1996, including 268 this year — there is a growing sentiment among some political observers that they have also worsened partisan statehouse conflict and polarization, weakened legislative bodies in favor of the executive branch and hindered the creation of good public policy. 
 
According to a recent report issued by the Joint Project on Term Limits (JPTL) — comprised of members of the National Conference of State Legislatures, the Council on State Governments, the State Legislative Leaders Foundation and several prominent political scientists — those limits have also failed to fully accomplish the social, gender and racial diversity their supporters have long promised would result from their implementation. 
 
The JPTL study instead notes that between 1995 and 2004 only two term limit states — CALIFORNIA and SOUTH DAKOTA — increased the number of women serving in their legislatures. The number of women legislators actually decreased in a majority of term limit states over that same period. 
 
COLORADO Rep. Morgan Carroll (D) has experienced this scenario first-hand. "Factually, we just lost Sen. Norma Anderson (R), Rep. Lynn Hefley (R), Lauri Clapp (R), Rep. Fran Coleman (D) and Rep. Ann Ragsdale (D). These are just the women I can name off the top of my head. Some of them may be replaced by other women, but it appears that it will be a net loss of women in our legislature because of term limits. So this is where theory and reality don't line up." 
 
Minorities have fared slightly better in certain states, according to the JPTL report. Latinos, for instance, have increased their numbers in the CALIFORNIA, FLORIDA and ARIZONA statehouses, while African Americans have made incremental gains in MICHIGAN and ARKANSAS. But University of CALIFORNIA Berkeley political scientist Bruce Cain, who participated in the JPTL project, says those findings reflect changes in state demographics more than any positive effect from term limits. 
 
"Term limits have not significantly changed the makeup of state legislatures," Cain says. "We didn't see an increase in women legislators in the term-limited states, nor did we see a substantial difference in legislators' age or occupational backgrounds after term limits. In a few states that experienced a rapid rise in their Latino population, there was an increase in Latino legislators in part due to term limits, but in most other states there was little impact on minority representation." 
 
But John Samples, director of the Center for Representative Government at the Cato Institute in Washington D.C., says people that focus on meager gender or cultural shifts in term-limited statehouses are missing the point. Samples argues that while giving women and cultural minorities a greater chance for representation is part of the bigger picture, the real benefit of term limits is in breaking incumbents' "insider" advantage. 
 
"We get so caught up in the liberals vs. conservatives issue that we often forget there is also an 'insiders' vs. 'outsiders' dynamic," says Samples. "That party of insiders — even if they are different politically — often has an entirely different set of interests than do outsiders or, in many cases, even the voters. They also have a lot more ability to act on those interests." Quote- "We get so caught up in the liberals vs. conservatives issue that we often forget there is also an 'insiders' vs. 'outsiders' dynamic." 
 
Paul Jacob, president of the Washington D.C.-based organization U.S. Term Limits, also disputes the idea that term limits are why there are less women serving in statehouses nationwide. 
 
"If you look around the country, fewer women are running for office," he says. "There is nothing in any term-limits measure that forces more women to run for office." 
 
Jacob contends that term limits actually provide women more opportunity than they have in states where incumbents often hold seats for decades, saying that "at least in states with term limits, those seats are opening up." 
 
But Karl Kurtz, NCSL's director of state services and a lead researcher on the JPTL study, says term limits are also the root of other problems, most notably the loss of experienced committee leaders. That loss, he says, has shifted the balance of power in term limit states from the legislature to the governor's office. 
 
"By inhibiting the experience levels of members, their leaders and committee chairs, term-limited legislatures have lost a key element of organizational capacity," Kurtz said in introducing the JPTL study. "Instead of leveling the playing field between the legislative and executive branches, term limits have weakened the legislative branch in relation to executive power." 
 
COLORADO Rep. Carroll says that means more power for her statehouse's other "insider" influences — lobbyists and non-elected legislative staff who are now expected to bring new, lesser-versed lawmakers up to speed on complex issues, often with less-than-desirable results. 
 
"Without the institutional memory, we repeat the same mistakes our predecessors made," she says. "We recreate the same bad public policy over and over again, and we become more dependent on other people to provide facts and knowledge to us, and those other people are usually paid lobbyists and special interests. That skews public policy terribly as far as I'm concerned." 
 
Jacob disagrees, saying, "Politicians always claim there is not enough time to develop good leadership, but they never say there is not enough time to develop the iron-fisted leadership that you see in non-term limit states like ILLINOIS or NEW YORK. That kind of power is not democracy." Quote-"Without the institutional memory, we repeat the same mistakes our predecessors made." 
 
Many term limit states have tried to compensate for the loss of experienced members by ramping up training programs for new lawmakers. In COLORADO, leaders provide freshman legislators with a notebook of the written and unwritten rules of their chamber, while CALIFORNIA offers incoming lawmakers an intensive 10-day training program. In ARKANSAS and FLORIDA, each house chooses its leaders a year in advance so those people can be better prepared to take over when their time comes. 
 
While that helps, ARKANSAS Sen. Gene Jeffress (D) says those programs only go so far. "It's all so overwhelming to a new legislator, I don't know how much [the training] really helps," he says. 
 
Jeffress, who served two terms in the House before moving on to the Senate, says he was solidly for term limits before he ran for office. While he claims he has not given up on the concept, he admits that he does think differently about them now. 
 
"I voted for it. I hate to say that, but I made a mistake," Jeffress says. "It doesn't mean I have given over to the wishes of big government, but it does take a while for you to get going and to do the things the people in your area need you to be doing for them. With term limits as they are, our people are getting the short end of the stick." 
 
State legislatures have considered at least 70 measures over the years to lengthen tem limits. Two of those — IDAHO and UTAH — were successful, primarily because the term limit laws in those states had not been written into the constitution and did not require voter approval to overturn them. But in states with constitutional term limit laws, voters have apparently not had the same change of heart as Rep. Jeffress. 
 
In 2002, for instance, CALIFORNIA voters soundly defeated a ballot initiative that would have lengthened term limits by up to four years. In 2004, voters in ARKANSAS and MONTANA also overwhelmingly rejected initiatives that would have similarly relaxed term limit parameters in each state. This year, FLORIDA lawmakers were forced to drop a previously approved legislative proposal to stretch out the Sunshine State's term limits after it became clear voters were not going to approve it. Most polls in term limit states also show strong support for keeping those limits, with approval as high as 75 percent in some states. 
 
CALIFORNIA lawmakers floated another term limit extension idea this year, trying this time to tie it to a major redistricting reform measure. That brought a strong reaction from Jacob's U.S. Term Limits group, which threatened to launch an initiative drive of their own, this time to end state lawmakers' tax-free $153-per-day stipend if they went forward with the measure. Although the proposal had strong support from Assembly Speaker Fabian Nunez (D), it eventually died on the vine. 
 
"The bottom line is that legislators are not credible on the issue of term limits," Jacob says. "Anything coming from legislators on term limits is dead on arrival, and it should be." 
 
Cain says that kind of pressure is also precisely why "the chances are very remote" of most states overturning term limits. 
 
"Understanding the level of outside influence is very important, because it means that the legislature would have to raise a lot of money to make that measure pass, because you can guarantee that these outside groups would come in and spend a lot of money on the 'no' side. To counter 'no' money, you have to have at least equal amounts and probably more 'yes' money," Cain says. Quote-"I voted for it. I hate to say that, but I made a mistake... With term limits as they are, our people are getting the short end of the stick." 
 
According to people like Rick Farmer, a committee staff director in the OKLAHOMA House of Representatives, the public's clear support for term limits leaves lawmakers in those states with little choice but to continue to grin and bear it. Farmer, who has also worked on term limit issues in OHIO, says that although lawmakers have adjusted to the new paradigm, he does believe that term limits have made statehouses a more difficult and hostile work environment. Quote-"The bottom line is that legislators are not credible on the issue of term limits... Anything coming from legislators on term limits is dead on arrival, and it should be." 
 
"Generally speaking, [term-limit] legislatures have adapted," Farmer says. "The process functions, laws are passed, major initiatives are going through, but it's just a lot more difficult to do it. In essence, it's working, but everyone is working harder to make that happen." 
 
Jeffress agrees that lawmakers in term-limit states have come to grips with the system, but he also laments that the subject seems closed without a chance to tweak that system for the better. 
 
"I understand where everyone is coming from on this," Jeffress says. "I just wish we could get to a happy medium."

The ebb and flow of term limits
 
In 1990, CALIFORNIA COLORADO and OKLAHOMA became the first states to adopt legislative term limits. Since then, 18 more states have followed suit, with those restrictions collectively pushing almost 1,500 lawmakers out of office. But six of those states have subsequently repealed their term limits, four via a state Supreme Court decision while two — IDAHO and UTAH — removed them through legislative action. This fall, voters in OREGON, one of the states where term limits were tossed out by the court, will go to the polls to weigh in on Measure 45, which would reinstate those limits. The Beaver State originally adopted term limits in 1992, but the state Supreme Court overturned that law in 2002, saying the original voter initiative violated the state's single-subject provision for ballot measures. The accompanying map shows all the states that currently have term limits or that have repealed them. 
 
Source: Joint Project on Term Limits

STATE ECONOMIC 'SNAPSHOT'RELEASED: One of the things the U.S. Census Bureau does to keep busy between once-a-decade headcounts is conduct annual surveys of states to get a picture of Americans' economic situation. The agency released its report for 2005 on Aug. 29, covering such topics as health insurance, poverty rates and wages. The news this year wasn't good regarding health insurance coverage. The Bureau tallied an additional 1.3 million Americans without health insurance in 2005, bringing the national total to 46.6 million and marking the fifth straight year that number has risen. TEXAS had the highest number of uninsured residents (25 percent of its population), followed by NEW MEXICO (21 percent). At the opposite extreme, MINNESOTA had an uninsured rate 8.7 percent, the lowest in the nation. In terms of state trends, the number of uninsured residents increased for at least the second year in a row in DELAWARE, FLORIDA and SOUTH CAROLINA, while it dropped for the second year running in IDAHO and NEW YORK. 
 
NEW JERSEY residents enjoyed the highest household income in 2005, an average of $61,672. Residents of MISSISSIPPI earned the least on average, $32,938. MISSISSIPPI also had the country's highest poverty rate. Twenty-one percent of its residents made less than the federal poverty level, nearly three times the percentage of the state with the lowest poverty rate, NEW HAMPSHIRE (7.5 percent). Also noteworthy was comparative data concerning the relative earning power of men and women. Women employed in the District of Columbia fared best, earning 91.4 percent as much as men. Female workers in ARIZONA, CALIFORNIA, FLORIDA, MARYLAND and TEXAS earned at least 80 percent of what their male counterparts did. The biggest gender gap existed in WYOMING, where women's salaries averaged 61 percent of men's. (STATELINE.ORG) 
 
BUDGETS IN BRIEF: After being hounded by Gov. Jon Huntsman (R) for two weeks, UTAH lawmakers agreed last Tuesday to a special session to add a flat tax option to the state income tax and provide taxpayers with a $48-per-year tax cut. The session is expected to be held on the 19th or 20th of this month (SALT LAKE TRIBUNE). • A study released last week by the Center for Urban Economic Development at the University of ILLINOIS at Chicago found that low-wage jobs cost the Prairie State $2.2 billion per year in public benefits paid to workers at those jobs. The finding could heat up the debate over Chicago's so-called "big-box ordinance," which would require stores larger than 90,000 square feet to pay their workers $10 an hour plus $3 an hour in benefits by 2010. The ordinance has already been passed by the City Council but, but as of press time, Mayor Richard M. Daley (D) had not indicated whether he would sign it before the Sept. 13 signing deadline (CHICAGO SUN-TIMES). • A NORTH CAROLINA court ruled last week that Gov. Mike Easley (D) and other legislative leaders violated the state constitution in 2001 when they diverted $130 million from the teacher and state employee pension plan to help balance the state budget. Easley and state attorneys had argued that diverting the money was lawful and necessary, and that they did not technically take money from the pension plan because it was redirected to other uses before it reached the pension accounts. The court did not, however, order the state to repay the fund in full. Lawmakers have so far set aside $85 million for payments over the last four years (NEWS & OBSERVER [RALEIGH]).

DEMS GEARING UP FOR REDISTRICTING BATTLES: Back in June, the U.S. Supreme issued a ruling that essentially granted states the authority to redraw their political boundaries whenever they wish instead of once each decade following a federal Census, as had traditionally been the practice. Although that decision came in connection with a case affirming the constitutionality of a GOP-drawn map in TEXAS in 2003 that helped the Republicans take control of the U.S. House, it's the Democrats who have actually gotten off the mark first in seeking to capitalize on the broader implication of the ruling. The Democrats are creating a new political organization, dubbed "Foundation for the Future," to assist them in gaining control of state legislative chambers and, thereby, the redistricting process. The organization will be formed as a nonprofit "527," allowing it to raise unlimited funds. Its fiscal goal will be to raise $17 million over the next five years, while its strategic goal will be to turn at least a dozen seats in the U.S. Congress over to the Democrats. The organization is the brainchild of a major union, the American Federation of State, County and Municipal Employees, representing about 500,000 state workers, and two Democratic groups: the National Committee for an Effective Congress, established by Eleanor Roosevelt, among others, in 1948 to assist progressive candidates, and the Democratic Legislative Campaign Committee (DLCC), formed after tough Democratic losses in 1994 to support state legislative candidates. Mike Anton, a spokesman for the Republican State Leadership Committee, which assists GOP candidates for state office, said his organization is planning to create a redistricting 527 or other group of its own, but not until after the fall elections. Bill Burk, Foundation for the Future's executive director, expressed one major reason for the Democrats' relative haste. "The Republicans have done a very good job spending time and resources on redistricting for the last 15 years," he said. "We're playing catch-up." Actually, Democrats aren't too far behind. Currently, Republicans control both legislative chambers in 20 states, while Democrats have majorities in 19. Another 10 statehouses are split between the parties. (NEBRASKA is nonpartisan.) DLCC spokesman Alex Dery Snider said a change of only about 50 seats in key states, such as COLORADO, MICHIGAN and NEVADA, could mean a shift of up to 15 congressional seats after redistricting. Which portends some fierce state legislative battles this fall. (STATELINE.ORG) Quote- "Presidential candidates don't bother to visit the largest state in the nation... CALIFORNIA is left out." 
 
CA VOTES TO DROP OUT OF ELECTORAL COLLEGE: CALIFORNIA could soon become the first state to sign on to a national movement to elect the president by popular vote. Golden State lawmakers passed a bill last week (AB 2948) that would give their state's electoral votes to the nominee who garnered the most votes nationally, rather than the winner of their state, if enough other states agreed to do the same. Supporters of the measure say it would force presidential candidates to campaign in CALIFORNIA, instead of just the few key Electoral College "battleground" states, like MICHIGAN and OHIO, where candidates currently focus their efforts. "Frankly the current system doesn't work," says Assemblyman Rick Keene, the sole Republican lawmaker to vote for the bill. "Presidential candidates don't bother to visit the largest state in the nation...CALIFORNIA is left out." The rest of the state's Republican legislators maintained the view that the bill was an "end run" around the U.S. Constitution that would increase the clout of big cities - full of Democratic voters — at the expense of Republican-leaning rural areas. "Those who are running for president are going to talk to Los Angeles and San Francisco," said Assemblyman Kevin McCarthy (R). AB 2948 would only take effect if enough other states adopted similar laws to constitute a majority of the Electoral College. Five other states — COLORADO, ILLINOIS, LOUISIANA, MISSOURI and NEW YORK — are already considering such legislation. And while Gov. Arnold Schwarzenegger (R) had not taken a position on AB 2948 at press time, his signature would certainly add impetus to the "national popular vote" movement. (LOS ANGELES TIMES) 
 
AT THE POLLS: Veteran FLORIDA state Sen. Walter "Skip" Campbell won the Democratic nomination for attorney general in the state's primary election last Tuesday. He will face Republican candidate Bill McCollum, a former congressman who has run twice for the U.S. Senate, on Nov. 7 (PALM BEACH POST). * In another high-profile primary race in the Sunshine State, Sen. Alex Villalobos (R) managed to fend off an effort by his own party to unseat him because of his stand against private school vouchers. Villalobos eked out a 51-49 percent victory over Miami-Dade County school board member Frank Bolanos. Meanwhile, in northeast FLORIDA, Sen. Jim King (R) handily defeated conservative activist Randall Terry, by a margin of 67 percent to 33 percent (MIAMI HERALD). * Finally, Boca Raton attorney Ted Deutch appears to have beaten state Rep. Irv Slosberg in the Democratic primary for FLORIDA Senate District 30, despite being vastly outspent by the sitting senator. Raton attributed the result in part to voter antipathy over the onslaught of negative ads by the Slosberg campaign (SOUTH FLORIDA SUN-SENTINEL). 
 
SINE DIE: On Sept. 1, CALIFORNIA wrapped up its highly productive 2006 legislative session. Over the last eight months, lawmakers addressed such weighty issues as global warming, prescription drug costs and the minimum wage. They also managed to pass an on-time budget for the first time in years and place a $37-billion public works measure on the fall ballot. The accomplishments are all the more notable in comparison to last year's session, remembered more for partisan warfare and Gov. Arnold Schwarzenegger's (R) failed special election agenda than anything else. The turnaround can largely be attributed to the governor's Schwarzeneggerean effort to repair the damage from that debacle in time for the fall election by embracing elements of the Democratic platform. The strategy appears to be working; Schwarzenegger currently leads his Democratic challenger, state Treasurer Phil Angelides in the polls. What will happen next session, should Schwarzenegger prevail in November, however, is still an open question. (SAN JOSE MERCURY NEWS) 
 
POLITICS IN BRIEF: The FBI has launched an investigation into an apparent insurance-peddling scheme involving several ALASKA lawmakers and oil field services company, VECO Corp. The evolving scandal — which broke when agents descended on the Legislative Information Office in downtown Anchorage on Aug. 31 — looks to have killed the special session planned for Sept. 19 to address Gov. Frank Murkowski's (R) proposed gas pipeline deal, which one Democratic lawmaker said had already been "on life support" (KTUU.COM [ANCHORAGE], DAILY NEWS-MINER [FAIRBANKS]). • IOWA Supreme Court Justice Marsha K. Ternus became the Hawkeye State's first female chief justice last week. She was selected by her fellow justices to replace current Chief Justice Louis Lavorato when he retires later this month (QUAD-CITY TIMES). • The OKLAHOMA Supreme Court has thrown out a proposed taxpayers bill of rights initiative intended for the Nov. ballot. On a unanimous 9-0 vote, the court ruled that the petition for the measure lacked sufficient valid signatures because tens of thousands of those submitted had been gathered illegally by out of state circulators (ASSOCIATED PRESS, DAILY ARDMOREITE [ARDMORE], KQTV.COM [TULSA]). • MISSISSIPPI Gov. Haley Barbour (R) said last week that he intends to call lawmakers back to Jackson for another special session, although he didn't set a date. The primary agenda item will be a proposed tax break on modular homes to assist victims of Hurricane Katrina, which failed to win approval during the three-day special session that ended on Aug. 26 (ASSOCIATED PRESS, SUN HERALD [BILOXI]).

NO WHITE HOUSE BID FOR RENDELL...PROBABLY: Approximately half a dozen current or recent governors have made it clear they are interested in taking a run at what will be a vacant White House in 2008. Some folks in PENNSYLVANIA have recently speculated that Rendell, who has long carried the rap of a man always plotting his next career move, is using his re-election bid as a launching pad for a shot at a federal office. Not so, says the 62-year-old Rendell (D), who last week told reporters following his campaign trail that this race will be his last run for elective office, saying "This is my 14th election - enough is enough." But, as if to prove that in politics no door is ever really shut, Rendell backtracked a mere day later, saying that he would consider accepting a spot as a running mate on the 2008 Democratic presidential ticket should it be offered. But Rendell says he is not holding his breath on that possibility, saying "I just don't think that's likely to happen." And if it does? "Were it to happen, would I consider it? Sure, I'd have to consider it." Even if such a proposal comes his way, Rendell says he isn't sure he would be able to handle the role of presidential sidekick. "My real desire is to be the executive," Rendell says. "And as vice president, even Al Gore, who got a lot of responsibility from President Clinton, you know, you don't make the decisions." (PHILADELPHIA INQUIRER) 
 
ROMNEY SAYS NO SECURITY FOR IRANIAN LEADER: MASSACHUSETTS Gov. Mitt Romney (R) last week refused to allow any state resources to be used to protect a former Iranian president during his visit to the Boston area to speak at Harvard University. Romney also leveled a sharp rebuke at university officials for inviting Mohammed Khatami to speak there on the eve of the fifth anniversary of the 9/11 terrorist attacks. "There are people in this state who have suffered from terrorism, and taking even a dollar of their money to support a terrorist is unacceptable," Romney said. He also called the invitation "a disgrace to the memory of all Americans who have lost their lives at the hands of extremists." Although Iran was not involved in the 9/11 attacks, U.S. officials still consider it one of the world's leading state sponsors of terrorism, primarily because of its funding of the militant groups Hezbollah and Hamas. The Boston Police Department eventually agreed to provide security for Khatami, who also spoke at events in Chicago, New York City, Georgetown and at the University of VIRGINIA. (BOSTON GLOBE) 
 
FORMER IL GOV RYAN SENTENCED: Former ILLINOIS Gov. James Ryan (R), was sentenced to 6 1/2 years in prison after being convicted on a host of corruption charges, including steering millions of dollars in state business to friends in return for vacations, gifts and other benefits to him and his family. Ryan was snared in an eight-year federal probe of Prairie State government, an investigation that also exposed rampant bribery in the state's driver's license facilities while Ryan was secretary of state. In all, federal prosecutors garnered 75 convictions from the probe, making it one of the most successful corruption prosecutions in history. The 72-year-old Ryan becomes the third governor in state history to be convicted of wrongdoing, all since the 1970s. Otto Kerner received three years in prison in 1973 for taking bribes while governor in the late 1960s, while Dan Walker was sentenced in 1987 to seven years for bank fraud unrelated to his public duties. Kerner served one year; Walker did 17 months. Ryan's attorneys say they plan to appeal the conviction. (CHICAGO TRIBUNE) Quote- "There are people in this state who have suffered from terrorism, and taking even a dollar of their money to support a terrorist is unacceptable." 
 
SIR GOVERNOR? Charles Barkley, the former NBA hoopster turned broadcaster and author, has been talking about running for governor in his native ALABAMA for years now. But the loquacious Barkley is apparently finally ready to put his money where his mouth is, or to at least place his backside back into the state he wants to govern. Since gubernatorial candidates in ALABAMA must have lived in the state for seven years, Barkley said last week that he is looking for a home in the Heart of Dixie now so he can run for governor in 2014. And while the man known as "Sir Charles" has long been expected to run as a Democrat, he says he is instead intent on going for it as an independent. "The Republicans are full of it," Barkley said. "The Democrats are a little less full of it," he added. Barkley, who first gained national acclaim during his college days at Auburn University, also admitted he has never been to the governor's mansion. "They don't let many black people in the governor's mansion in Alabama," he said, "unless they're cleaning." (ASSOCIATED PRESS)  
 
GOVERNORS IN BRIEF: As expected, ALASKA Gov. Frank Murkowski (R) came in a distant third in the GOP primary on Aug 23. Sarah Palin, a former Wasilla mayor, won the GOP nomination with 51 percent of the vote. Former state legislator John Binkley came in second with 30 percent. Murkowski polled just 19 percent. Palin will face former Gov. Tony Knowles in the general election (WASHINGTON POST). • WYOMING Gov. Dave Freudenthal (D) won the Equality State's Democratic primary and will face Republican Ray Hunkins in the general election (CASPER STAR TRIBUNE). Quote- "They don't let many black people in the governor's mansion in Alabama unless they're cleaning."

BUSINESS: The MICHIGAN Legislature removes a provision in the new Wolverine State minimum wage law that would have forced employers to pay overtime wages to a dozen types of workers that are currently ineligible to receive overtime pay under federal law. Meanwhile, the MICHIGAN House gives final approval to HB 1364, which allows employers to pay workers under the age of 18 a "youth minimum hourly wage" that is 85 percent of the state minimum wage. The bill goes to Gov. Jennifer Granholm (D), who has already agreed to sign both measures into law (DETROIT FREE PRESS, CRAIN'S DETROIT BUSINESS). • CALIFORNIA public utilities regulators remove price caps on most phone services. Regulators say there is now enough competition from cable carriers and wireless providers to ensure that prices stay affordable for Golden State residents. Those same regulators, however, also reserved the right to step back in to block any future rate hikes they deem to be "excessive" (LOS ANGELES TIMES). • Also in CALIFORNIA, lawmakers endorse AB 1835, which will raise the state minimum wage to $8-per-hour by 2008. It moves to Gov. Arnold Schwarzenegger (R), who says he will sign it into law (SAN JOSE MERCURY NEWS). • A federal judge blocks a new LOUISIANA law barring the sale of violent video games to minors. The court ruled that the law violates the First Amendment (TIMES-PICAYUNE [NEW ORLEANS]). CRIME & PUNISHMENT: The TENNESSEE Supreme Court upholds a Volunteer State law that allows law enforcement to draw blood from convicted felons in order to acquire DNA samples to go into a state database. Opponents claimed the law violates the U.S. Constitution's ban on illegal search and seizure (KNOXNEWS.COM [KNOXVILLE]). • CALIFORNIA lawmakers approve SB 613, which would male it illegal for motorists to talk on their cell phones while driving unless they are using a hands-free device. It rings over to Gov. Arnold Schwarzenegger (R), who is expected to sign it (SAN FRANCISCO CHRONICLE).  
 
EDUCATION: Education officials in INDIANA add warnings about gambling to the Hoosier State's after-school drug and alcohol education program. The addition is in response to recent studies that show a significant rise in gambling among children under 18 (USA TODAY). • CALIFORNIA Gov. Arnold Schwarzenegger (R) signs AB 2165, which makes it illegal for a college athlete convicted of a violent felony to participate in any collegiate athletic event until the full sentence is served. The law applies to student athletes at any state-run college or university (SAN DIEGO UNION TRIBUNE). • Also in CALIFORNIA, Gov. Arnold Schwarzenegger (R) vetoes SB 1437, a bill prohibiting schools from using textbooks and teaching materials that disparage gays. The governor said that existing education codes already protect students against discrimination based on their sexual orientation (SACRAMENTO BEE). • WISCONSIN Gov. Jim Doyle (D) reaches agreement with leaders of the state's public and private colleges and universities on a framework for the WISCONSIN Covenant program, which would guarantee eighth-graders who maintain a B average and stay out of trouble admission to one of those schools in four years. Lawmakers must still approve funding for the program during the next legislative session (MILWAUKEE JOURNAL SENTINEL).  
 
ENVIRONMENT: The CALIFORNIA Legislature approves AB 32, a plan to reduce the amount of greenhouse gases emitted from Golden State electric power plants, refineries and other sources 25 percent by the year 2020. It now goes to Gov. Arnold Schwarzenegger (R), who strongly supports it. The measure will make CALIFORNIA the first state in the nation to place hard caps on greenhouse gas emissions (LOS ANGELES TIMES).  
 
HEALTH & SCIENCE: A federal judge snuffs out a WASHINGTON law that bars cigarette companies from handing out free samples to adults. The court ruled that federal law holds jurisdiction over tobacco promotions (SEATTLE TIMES). • CALIFORNIA lawmakers approve AB 2911, which would require pharmaceutical companies to provide the state with significant price breaks by 2009 or risk having their medications dropped from the preferred list for the state-funded Medi-Cal program. It goes to Gov. Arnold Schwarzenegger (R), who is expected to sign it (SACRAMENTO BEE). • Still in CALIFORNIA, Schwarzenegger says he will not sign SB 840, a measure that would create a single state-run health insurer that would cover all state residents. Schwarzenegger says the program's costs would lead to significant tax increases (LOS ANGELES TIMES).  
 
HOMELAND SECURITY: The CALIFORNIA Senate approves SB 1162, a measure that would allow illegal immigrants to obtain driver's licenses. It goes to Gov. Arnold Schwarzenegger (R), who has said he will veto it. He vetoed a similar bill last year (SACRAMENTO BEE).  
 
SOCIAL POLICY: Lawmakers in CALIFORNIA endorse AB 1873, which would give a mother wishing to give up her newborn infant 30 days in which to surrender the child with no legal penalty, up from the current three days. The bill also would make all fire stations acceptable drop-off points. It moves to Gov. Arnold Schwarzenegger (R) for review (DESERT SUN [PALM SPRINGS]). • WASHINGTON pharmacy officials approve a policy that allows pharmacists to refuse to fill a prescription, but only if another pharmacist in the outlet is available to fill the legal request without delay. Pharmacists who do not follow the rule face state sanctions. The new rule does not, however, address whether druggists can cite religious or moral beliefs for their refusal to proffer a medication. The ruling must also still be finalized at a formal public hearing in January (OLYMPIAN).  
 
POTPOURRI: The MISSOURI Office of Athletics announces it is changing its one-year-old rule requiring female professional wrestlers to provide proof from doctors that they are not pregnant within a week of every match. The new rule faces a 30-day public comment period (ST. LOUIS POST-DISPATCH). • CALIFORNIA Gov. Arnold Schwarzenegger (R) signs SB 1609, which says that anyone seeking a reverse home mortgage must receive independent advice about the benefits and drawbacks of the program from a certified counseling agency that does not have a profit motive. The measure also requires that mortgage documents be translated into the language in which the loan was negotiated, ensuring that a borrower who doesn't speak English has full access to the complex financial information (CONTRA COSTA TIMES [WALNUT CREEK]).

HOT AIR DEPARTMENT: It's official. TEXAS leads the nation in producing hot air. No, not the hot air blowing out of the Lone Star statehouse. The real kind expelled by the business end of a wind turbine. As the Contra Costa Times reports, TEXAS has surpassed CALIFORNIA as the nation's top producer of wind power. The Golden State, the leader since 1981, used spinning blades to generate 2.323 megawatts in 2005 — 47 megawatts fewer than TEXAS. CALIFORNIA officials predict a rebound. 
 
SURFIN' BUDDIES: Tom Prezelski and Linda Lopez have a few things in common. Both, for instance, are avid surfers, although neither lives near the ocean. Their surf turf is the Internet; specifically, the wildly popular site known as MySpace.com. Both also are ARIZONA legislators. According to the Arizona Daily Star, Prezelski and Lopez are among a growing number of politicians who have staked out territory on MySpace, including some who have set up campaign accounts on the site. Republican Len Munsil, a candidate for governor also posted on MySpace, refers to the site as the frontier where the hustings meets the new media. 
 
REVENGE OF THE FLYING BOWLING BALL: The event occurred during the Redneck Carp Tournament in Bath, ILLINOIS. The tournament is held to draw attention to the menace posed by the Asian carp — an invasive fish that threatens native wildlife in Midwest rivers and, potentially, in the Great Lakes. Tournament participants, armed only with a net or club, try to catch or kill the carp as the fish leap out of the water. Last week, however, a fish took revenge on one entrant who, club in hand, was struck in the mouth by the soaring fish — the blow knocking loose several teeth. "Being hit by a flying carp is like being hit by a bowling ball," the victim told the Detroit Free Press. The carp, which can weigh more than 10 pounds each, currently are confined to rivers such as the ILLINOIS (where the tournament is held) but gradually are working their way toward Lake MICHIGAN. An electronic barrier to the lake is supposed by be installed near Chicago, but Congress has yet to appropriate the $16 million needed to build it. What, no earmarks? 
 
LOVE IS EXPENSIVE in Orange County, CALIFORNIA — especially if you are running for local office and would like to cuddle up to the Republican Party. According to the Los Angeles Times, the Orange County GOP will grant an "early endorsement" to candidates in what are nonpartisan local races, but only if those candidates join a party association and pony up $200 for the membership. One party official characterized the practice as a "shakedown," although the county chairman defended the fee, saying its purpose was "misunderstood." Yet a third Republican complained that it "cheapens the endorsement" and admonished that Orange Countians should "know better." 
 
SHUTTING THE WINDOW: That is the phrase now used to describe a tactic used by politicians who have uttered some unimaginable blopper in public. The gaffe itself, explains the New York Times, has opened an "unintended window into" the pol's character. "Shutting the window" refers to the act of contrition, the apology. And the list of public figures that have had to shut the window is growing. The most famous example of late is actor Mel Gibson, whose rumored political career crashed during an anti-Semitic tirade in CALIFORNIA. VIRGINIA U.S. Sen. George Allen has been slamming windows at an alarming rate after referring to a man of Indian heritage as a "Macaca," which in some circles means monkey. Last week, MARYLAND Comptroller William Schaefer issued a blanket apology to anyone he may have offended during his 50-year career. Others at the sill include MONTANA U.S. Sen. Conrad Burns, MASSACHUSETTS Gov. Mitt Romney, FLORIDA congressional wannabe Tramm Hudson, and WASHINGTON Senate candidate Mike McGavick. Does the tactic work? "None of these apologies are effective because no one believes them," Chuck Todd, editor of Hotline, told the Times.