State Net Capitol Journal -- News & Views from the 50 States
 
 Volume XII, No. 39
October 4, 2004
Homeland security?

BUDGET & TAXES
Feds may delay billions in state trans dollars

POLITICS & LEADERSHIP 
Finneran ends long bay state reign

GOVERNORS
Henry asks govs to follow his lead

The week in session
Across state lines
Hot issues
In the Hopper
Once around the statehouse lightly
State recaps available this week 
Upcoming elections
 

 

TOP STORY

Three years after 9/11, states are still grappling with complex homeland security issues in their effort to fight terrorism, perhaps none more difficult than deciding who should get a driver's license. 

SNCJ Spotlight

Terrorism threat new roadblock for immigrant licenses

In the three years since the devastation of 9/11, lawmakers have kept themselves extremely busy trying to prevent potential new terrorist attacks. This year was no exception, as state legislatures considered over 900 homeland security bills, more than 200 of which ended up being signed into law. (See chart on page 6) But while most bills dealt with funding, enforcement and infrastructure needs, the continued push for better protection against terrorism also became a rallying cry in the efforts of two states -- CALIFORNIA and TENNESSEE -- to address a long-standing debate over whether to allow undocumented aliens to obtain driver's licenses. 

The battle over illegal immigrants and driver's licenses has drawn intense scrutiny since the attacks on NEW YORK and Washington D.C. in 2001. The fact that seven of the 19 terrorists involved in those attacks boarded planes by flashing authentic VIRGINIA identification cards obtained through the state's Dept. of Motor Vehicles has led lawmakers at both the state and federal level to call for drastically tougher licensing standards. Many have echoed the words of California Rep. Christopher Cox (R), the Chairman of the House Homeland Security Committee, who said in a statement last year that identification fraud has become a significant homeland security risk.

"We all know that a driver's license is the most commonly used form of identification in America," Cox said. "We use it to board airplanes, to buy weapons, to enter secure government facilities, to open bank accounts, to cash checks and to cross international borders. A driver's license carries a presumption of authenticity. It establishes legitimacy."

Many states in 2004, including FLORIDA, OREGON, ALASKA, NEW JERSEY and OKLAHOMA, began changing the look of their licenses in order to make them more resistant to acts of fraud and counterfeiting. While most of those changes were not directly aimed at stopping terrorists, a new law in Tennessee was. That statute, which went into effect on July 1, bars anyone who is not a U.S. citizen or permanent legal state resident from obtaining a driver's license. The Volunteer State instead offers those people a purple "certificate of driving," which looks distinctly different from a regular driver's license and is not valid for use as identification. Tennessee governor Phil Bredesen (D) is an avid supporter of the new law, which is the first of its kind in the nation. Bredesen called the state's former policy of allowing undocumented aliens the right to hold a legitimate driver's license a significant threat to homeland security. 

Not everyone agrees. Within a few weeks of the law taking effect, a lawsuit challenging the Tennessee driving certificate was filed in federal court on behalf of the United Latin American Citizens, a Hispanic advocacy group. The suit sought to have the law overturned, but the court rejected that request last week, saying efforts to abolish the new standard ultimately have little chance of succeeding. U.S. District Judge Todd Campbell said the certificate of driving served a "compelling interest" to preserve safer roads and national security. 

Gov. Bredesen, who was also named as a defendant in the suit, hailed the ruling. Bredesen told the Nashville Tennessean that he was "delighted," adding, "I think so far [the certificate law is] working in the state, and I'm very pleased a federal judge would agree it's a reasonable compromise." 

California Gov. Arnold Schwarzenegger (R) echoed Bredesen's logic this month when he vetoed AB 2895, a bill that would have given the Golden State's estimated 2 million illegal immigrants the right to apply for driver's licenses. Schwarzenegger had initially asked for and received a system of background checks to be placed into the bill, but he later added a new requirement -- that any licenses obtained by illegal immigrants "look different" than a regular license, a la the Tennessee certificate of driving. Sen. Gil Cedillo (D), who originally authored the bill as SB 1160, called such differences "discriminatory." That argument did not sway Schwarzenegger, who vetoed the bill with just a simple four-line message. 

"One of the most important duties of the governor of a state is to protect its citizens," Schwarzenegger said. "This bill does not adequately address the security concerns that my Department of Homeland Security and I have, and I cannot support it." 

Schwarzenegger's veto was just the latest round in what has become an annual attempt by some California lawmakers to see undocumented aliens again be able to legally drive in the state, a right they had until 1994. Former Gov. Gray Davis (D), Schwarzenegger's predecessor, vetoed similar legislation twice, citing security issues both times. Davis eventually did sign SB 60, the 2003 version of the bill, but only after last year's gubernatorial recall campaign was in full swing. Davis' critics claimed his sudden change of heart was merely an attempt to sway the state's Latino vote in an effort to stave off the onrushing Schwarzenegger, who adamantly opposed the legislation. But that bill contained none of the security checks and high-tech fingerprinting of earlier versions, which did not sit well with most voters or conservative lawmakers. Emboldened by polls that showed the public overwhelmingly agreed with his stance, candidate Schwarzenegger promised to launch a public referendum campaign to strike down SB 60 if lawmakers did not do so first. He also promised that as governor he would seriously consider a new version, provided it had the background checks and fingerprinting that was AWOL from SB 60. The legislature agreed and rescinded the bill almost immediately after Schwarzenegger was sworn in, handing him a huge public relations victory and setting up this year's round of debates...and the governor's latest veto. 

A frustrated Cedillo claimed that the new bill contained everything the governor had said for months that he needed to see before he would sign it. In a prepared statement afterward, Cedillo said Schwarzenegger had chosen "to veto the best driver's license bill proposal in the nation -- one that strengthens national security and public safety while holding immigrants to the highest level of responsibility in the nation."

While the idea clearly rankles some, the trend toward alternate licenses for undocumented aliens and temporary visitors is marching forward. Although Tennessee is the only state to issue a completely separate document, Jim Reed of the National Conference of State Legislatures (NCSL) says that five others -- MINNESOTA, MISSISSIPPI, NEW JERSEY, NEW YORK and OHIO -- have already started producing licenses that have a different look or special identifying marking for non-citizens. New York is also paying close attention to the Tennessee court case as it is considering adopting a similar certificate program. 

Given Schwarzenegger's public stance, might California also be headed in that direction? Cedillo spokesman Edward Headington says Assembly Speaker Fabian Nunez (D), who carried the AB 2895 version of the bill, offered during last minute discussions with the governor to include a separate identifying mark on the licenses, but that Schwarzenegger claimed the offer came to late for his consideration. Regardless, Headington says Cedillo is more than willing to discuss "all issues" with the governor, including certificates of driving. He also contends that regardless of what form it eventually takes, getting undocumented immigrants into the state's information database is critical for both driver safety and homeland security. 

"There are 2 million undocumented immigrants in this state," Headington says. "Of that, about 800,000 are not in the process of becoming legal. That means there are almost a million people living and working in this state that we have no background on and that we can't identify. They are simply a shadow community. In our view, after 9/11 it is just unacceptable to have a community this large that is completely unaccounted for." 

The federal government is also still considering their options for licensing. One of the many suggestions put forth by the 9/11 Commission was to create federal standards for the issuance of major forms of identification, including birth certificates and driver's licenses. That worries many people, who see such standards as the onset of national identification cards. 

"We would be greatly concerned over federal intervention into state licensing," says the NCSL's Reed. "Clearly, states are already addressing the issue, so we think they should continue to be allowed to work it out on their own."

Headington says that regardless of which level of government does it, it is imperative that lawmakers devise some way of dealing with the driver's license issue.

"At some point," Headington says. "This issue is going to have to be addressed for good."
 

-- Compiled by RICH EHISEN
TOP OF PAGE
The Week in Session
In Regular Session: 
DC, MI, NJ, PA, US

With Projected Special Session:  KY

In Recess:  CA "d", CA "e", DE "c", IL, MA, MI (House Only), NY

In Skeleton Session:  OH

Currently Prefiling:    
CO(Drafts for 2005)
FL(Drafts for 2005)
IN(Drafts for 2005)
KY(Drafts for 2005)
MT(Drafts for 2005)
NH(Drafts for 2005)
NV(Drafts for 2005)
VA(Drafts for 2005)

Adjourned: 
AK, AL, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IN, KS, KY, LA, MD "2003 session", MD, ME, MN, MO, MS, NC, NE, NH, NM, OK, RI, SC, SD, TN, UT, VA, VT, WA, WI, WV, WY

Special Session Adjourned: AK "a", AR "b", CA "a", CA "b", CA "c",CT "a", CT "b", CT "c", CT "d", DE "a", GA "a", IA "b", IL "a-q", LA "a", ME "a", ME "b", MS "a", MS "b", NY "a", OK "a", OR "a", TX "d", UT "a", UT "b", UT "c", VA "a", VA "b", WA "a", WA "b", WA "c", WI "d", WI "e", WI "f", WI "g", WV "a", WV "b", WY "a"

Letters indicate special/extraordinary sessions
Compiled By GINA HUMMELL | Data current  as of  9/24/04 | Source: State Net database

TOP OF PAGE

Budget & taxes

FEDS MAY DELAY BILLIONS IN STATE TRANS DOLLARS: Hundreds of billions in federal funding for state highway projects may be delayed until next month or even next year, according to Republican leaders in Congress. With only days left before the national legislature's scheduled Oct. 8 adjournment, the Congressional leaders say it is unlikely a $300 billion, six-year federal transportation bill will see final action until at least mid-November. The legislation, which would authorize new highway and transit programs for the states -- and which lawmakers had planned to have in place before the current programs expired last week -- has been held up for months by fiscal and regional disputes, particularly over the formula used to distribute highway funds to the states. While some lawmakers were still hopeful of passing the bill before Friday's deadline, House Majority Leader Tom DeLay (R) said the chances of that were "not good." If, in fact, the legislation is not passed, House and Senate aids say the current programs will be extended until Congress meets in a lame-duck session in November, or until the newly-elected body convenes next year. (WASHINGTON POST) 

"FOREVER" MO AGENCY UNDER FIRE: MISSOURI's Department of Conservation enjoys a level of independence that is unrivaled by most state agencies, thanks to the $1.5 billion it has taken in from a sales tax approved by voters back in 1976. The agency obtains virtually all of its $160 million annual budget from that tax, which is charged on fishing and hunting permits, and answers only to its four commissioners, appointed by the governor. For years, critics have been calling for more objective oversight of the agency and a reduction of its economic freedom, but conservation officials have aggressively fended off those attacks. Support, however, is growing for the idea of giving voters another look at the conservation tax. And ironically, some of it has been generated by an advertising campaign undertaken by the conservation department to promote its activities. The agency spent $500,000 on a series of 30-second TV spots that pitched, "Together we can keep Missouri thriving -- forever," which spurred a new round of public criticism. "A state agency shouldn't be using taxpayers' money to perpetuate itself," said Republican Sen. John Cauthorn, who proposed legislation this year to require a vote on the conservation tax every 10 years. That measure failed, thanks to heavy pressure from the agency's defenders, but Cauthorn said he will offer his "sunset" proposal again next session. "They have a forever stream of money," he said. "I don't particularly want to take their money away, but I do want them to be responsible." (KANSAS CITY STAR) 

BUDGETS IN BRIEF: In response to criticism over a provision of PENNSYLVANIA's recently-enacted slots law, the Senate is set to pass this week  legislation barring lawmakers from investing in casinos and other gambling enterprises. The measure will still have to be approved by the House, which proposed a similar ban last week, but which advocated a very different approach: a change in internal House rules (PITTSBURGH POST-GAZETTE). * Harrah's Entertainment vowed last week not to give up on its bid to bring a casino to RHODE ISLAND, despite the Ocean State Supreme Court's recent advisory ruling that an initiative on the issue scheduled for the November ballot is unconstitutional. The casino giant also indicated it will pursue the opportunity of establishing a casino in MASSACHUSETTS, which has come with the resignation of House Speaker Thomas Finneran (D), a staunch gambling opponent (PROVIDENCE JOURNAL). * Tens of thousands of KENTUCKY teachers and school employees took part in rallies last Monday to protest Gov. Ernie Fletcher's (R) new state health-care plan, which raises costs for all state workers. Lawmakers will take up that issue in a special session which begins tomorrow, hoping to avert a statewide teachers' strike scheduled for Oct. 27 (COURIER-JOURNAL [LOUISVILLE]). 
 
 
 

-- Compiled by KOREY CLARK
TOP OF PAGE


Governors

HENRY ASKS GOVS TO FOLLOW HIS LEAD: OKLAHOMA Gov. Brad Henry (D) usually maintains a pretty low profile. Not so last week when he sent a letter to all 49 fellow state governors asking them to copy the Sooner State's new anti-meth law. Henry says the law -- which greatly restricts the availability of many of the legal  products used in making methamphetamine by forcing pharmacies to place them behind the counter and limit the quantity that can be bought at one time -- has dramatically reduced the state's number of meth lab seizures in just one year. The law also requires anyone buying pseudoephedrine, the main ingredient in both legitimate cold pills and illegal meth, to show a picture identification and provide a signature. "Nationwide success in stopping the methamphetamine epidemic will come from a combined effort of states limiting access to key ingredients," the Oklahoma governor said in his letter. "That is why laws similar to Oklahoma's hold such tremendous potential in stamping out this scourge." (ASSOCIATED PRESS)

OWENS WINS ONE, LOSES ONE IN VETO BATTLE: COLORADO Gov. Bill Owens (R) took a split decision last week in his ongoing battle with the Centennial State Legislature over who actually controls the state budget. A district judge ruled that Owens is within his gubernatorial rights to use his line-item veto power on spending instructions -- known as headnotes -- that lawmakers add to budget bills. The court ruled that "headnotes are an attempt on the part of the legislature to invade the executive's function in administering funds." But Owens did not fare as well in another budget matter, when the same court ruled he does not have the right to use the line-item veto on legislation not related to state budget matters. Owens can still veto non-budgetary legislation, but he must veto the entire bill, not just parts of one. In addition to regularly deleting the Legislature's headnotes, Owens tried to budget $10,000 worth of spending in a 2002 non-budget bill, prompting the Legislature to file suit. (DENVER POST)

-- Compiled by RICH EHISEN

TOP OF PAGE
Upcoming elections 
 
(09/27/2004 - 10/11/2004):
There are no elections scheduled during the next two weeks.

TOP OF PAGE

Politics & leadership

FINNERAN ENDS LONG BAY STATE REIGN: MASSACHUSETTS House Speaker Thomas M. Finneran (D) resigned from his position last Tuesday, ending his eight-year, iron-fisted rule over the chamber. As of today, the 54-year-old lawmaker is the new president of the Massachusetts Biotechnology Council, a powerful industry group. Succeeding Finneran as speaker will be Salvatore F. DiMasi (D), who was elevated from his post as House majority leader.
        Observers say DiMasi's arrival will likely bring a shift to the left for the state on social issues like abortion, gay rights and stem cell research. It already appears to have brought an end to the proposed constitutional ban on same-sex marriage that the socially conservative Finneran cosponsored and which the more liberal DiMasi opposes. Senate minority leader Brian P. Lees (R), the other sponsor of the gay marriage ban, said the issue is now headed for the "back burners of Massachusetts politics." 
        Finneran claimed that his decision to step down had nothing to do with an ongoing federal investigation into allegations that he lied under oath during a redistricting lawsuit earlier this year. "On a scale of 1 to 10, it's a zero," he said of the probe. He may have been speaking in relative terms, however, compared to other considerations like his declining popularity among voters -- who disapprove of his performance by a 2-1 margin, according to a recent University of Massachusetts poll -- and his waning control over the House membership, evidenced by his failure to rally enough support to secure raises for his lieutenants or to pass a constitutional ban on same-sex marriage this year. 
        But Finneran may have the last laugh. Observers say the federal investigation will now likely be dropped. And by quitting after Sept. 20 -- too late for the Democrats or Republicans to select candidates to run for his seat in November -- Finneran has virtually guaranteed his reelection, barring an unlikely write-in challenge. That will necessitate a special election, which will cost the state between $25,000 and $50,000. Meanwhile, Finneran will be laughing all the way to the bank. His new job will reportedly bring him between $350,000 and $500,000 a year. (BOSTON HERALD, BOSTON GLOBE, NEW YORK TIMES) 

ONE AND DONE: NEW WA PRIMARY ON THE WAY OUT?: WASHINGTON instituted a new primary system this year, which voters tried out for the first time last month. And based on the results of a recent poll, it may not be around after Nov. 2. The state switched to a pick-one-party primary system earlier this year after a federal court declared its old "blanket primary" system unconstitutional and the U.S. Supreme Court refused to hear an appeal of that decision. The new system, which requires voters to choose one party's ballot, didn't find much favor among an electorate used to being able to pick and choose candidates from all of the parties. "It takes a great deal of our freedom away," one long-time resident said of the new system. 
        An initiative aimed at restoring some of that freedom is scheduled for the November ballot. Initiative 872 would replace the pick-one-party system with a "top two" system, which would advance the top two vote getters to the general election regardless of their party. Critics contend that while the top two system might provide voters more choices in the primary, it would give them fewer choices in the general election, in some cases limiting their selection to two candidates from the same party. But the critics don't seem to be making much headway in convincing voters of that. Sixty-seven percent of those polled last week in a survey by Washington, D.C.-based Ipsos-Public Affairs said they support Initiative 872. That result prompted Thomas Riehle, president of Ipsos, to remark that the initiative is "a slam dunk right now." (NEWS TRIBUNE  [TACOMA])

POLITICS IN BRIEF: CALIFORNIA Gov. Arnold Schwarzenegger (R) signed legislation -- SB 1730 -- returning the state's primary election to June. The primary had been held in June for five decades before lawmakers moved it to March in 1996, hoping to make the Golden State more  influential in the presidential nominating process. But the dilution of California's national clout by other states that similarly pushed up their elections and the unpopularity of the March primary convinced lawmakers to move the date back (LOS ANGELES TIMES). * INDIANA Gov. Joe Kernan (D) proposed a major overhaul of state government last week. Some of the more significant recommendations in his "Peak Performance" plan include shifting responsibility for the collection of property taxes from the township level to the county level and breaking up the immense Family and Social Services Administration into four separate agencies (INDIANAPOLIS STAR, NORTHWEST INDIANA TIMES [MUNSTER]). * A new statewide survey shows that ARIZONA voters support a measure on the November ballot that would actually curb their own political power. Forty-nine percent of respondents to a poll conducted by Phoenix PBS affiliate KAET-TV said they plan to vote for Proposition 101, which would require all citizen initiatives that expand or create new programs to specify a tax or fee to cover the expense. Only 15 percent of the respondents said they oppose the measure (ARIZONA DAILY STAR [TUCSON]).

 -- Compiled by KOREY CLARK 

TOP OF PAGE
State Recaps available this week on the State Net website: 

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

TOP OF PAGE

Across state lines

Legislating terror defense

State lawmakers have considered more than 900 homeland security bills in 2004, with most of those addressing budget and other funding needs. The accompanying chart shows how those bills were delineated across 10 separate categories, from border security to weapons. The categories are broken down by the following criteria: 

Border security -- Protection of borders, ports and coastlines, as well as immigration regulation and customs security
Courts & Justice -- Legal matters, the judicial process, civil liberties and law enforcement
Budget -- Spending and appropriations
Govt. Re-organization -- The reconfiguration of existing agencies or the creation of new ones
Industry & Contracting -- Private sector initiatives & enterprise related to homeland security 
Intelligence -- Gathering, analyzing and disseminating information about U.S. Security 
Local Response -- Efforts to provide local authorities with the tools necessary to respond to terrorist acts
Technology -- Cyberterrorism and other Internet issues as well as the enhancement of law enforcement and other security entities
Transportation & Infrastructure -- The protection of highways, rail, waterways, energy sources, water plants, buildings and communication networks
Weapons -- Defense against conventional, biological, nuclear, chemical radiological and cyber weapons 


Hot issues

BUSINESS: A federal appeals court rejects claims from two major tobacco companies that argued CALIFORNIA's anti-smoking ad  campaign unfairly smears their reputations and violates their First Amendment rights (CONTRA COSTA TIMES). * CALIFORNIA Gov. Arnold Schwarzenegger vetoes three measures -- AB 1829, SB 888 and SB 1492 -- all seeking to ban at least some form of offshore outsourcing by private companies that do business with the state government (SACRAMENTO BEE). 

CRIME & PUNISHMENT: Law enforcement officials in WASHINGTON announce plans to begin random vehicle searches on Evergreen State ferry lines. Officials say the searches are necessary to meet tougher security guidelines established by the U.S. Coast Guard (SEATTLE POST-INTELLIGENCER). * CALIFORNIA Gov. Arnold Schwarzenegger (R) signs AB 384, a measure that bans tobacco products in all state prisons and youth detention centers. Prisoners spent $5.4 million on tobacco products in 2003 (SACRAMENTO BEE). * CALIFORNIA Gov. Arnold Schwarzenegger (R) signs SB 1436, legislation that makes it illegal for anyone to surreptitiously install software known as spyware when a computer user visits a Web site or makes an online purchase (LOS ANGELES TIMES). 

EDUCATION: Education officials in MAINE say they will begin a "school coaches" program to help specific underachieving schools meet standardized testing requirements. According to test results released last week, more than 25 percent of the Pine Tree State's public schools were unable to meet federal No Child Left Behind learning guidelines (BANGOR DAILY NEWS). * CALIFORNIA Gov. Arnold Schwarzenegger (R) vetoes AB 2435, a measure that would have required state schools to teach students personal finance skills. Schwarzenegger chided lawmakers in his veto message by saying, "I would welcome future legislation that requires all members of the state Legislature to complete a course in financial management and responsibility" (LOS ANGELES TIMES). 

ENVIRONMENT: The CALIFORNIA Air Resources Board adopts the toughest vehicle emissions restrictions in the nation. The new rules mandate that the auto industry must reduce carbon monoxide and other greenhouse gasses from automobile exhaust pipes by 22 percent by 2016 and about 30 percent by 2016. Several states, including NEW YORK and NEW JERSEY, have said they will work to adopt similar regulations (USA TODAY, SACRAMENTO BEE). * Still in CALIFORNIA, Gov. Arnold Schwarzenegger (R) signs AB 2572, which requires volume-based water meters to be installed in most Golden State cities that do not already meter residential water usage. The meters must be installed by 2025 (SACRAMENTO BEE). * Schwarzenegger also signs AB 2091, a bill that will require all CALIFORNIA cell phone retailers to also recycle them free of cost by 2006. Fewer than 5 percent of the estimated 16 million cell phones that will become obsolete this year will be recycled (SAN JOSE MERCURY NEWS). *  Water is also an issue in MICHIGAN, where the House signs off on a measure that would allow Wolverine State voters to decide in 2006 whether to change the state constitution to ban the diversion of water from the Great Lakes. It now moves to the full Senate (DETROIT FREE PRESS). 

HEALTH: CALIFORNIA Gov. Arnold Schwarzenegger (R) signs AB 2943, a bill that sharply restricts the allowable mercury content in vaccines for pregnant women and babies. Mercury is known to cause damage to the human nervous system (SACRAMENTO BEE). * Still in CALIFORNIA, Schwarzenegger (R) signs legislation barring children under the age of 14 from going to tanning salons. Proponents blame the artificial light in tanning booths for contributing to a rise in skin cancer rates (SACRAMENTO BEE). * The PENNSYLVANIA Supreme Court announces it will allow Keystone State judges greater latitude to reduce exorbitant pain and suffering jury awards in medical malpractice cases. Trial judges can now reduce the reward, but if they do so, plaintiffs can then request a separate trial to determine what the new economic damages should be (PITTSBURGH POST-GAZETTE). * A NEW JERSEY Senate committee unanimously approves legislation that would require Garden State hospitals, when queried about an employee from a prospective employer, to report any problems with that employee during the previous seven years. It would also require all health care professionals to tell state licensing officials about any colleague who poses a danger to patients. The bill is in response to the case of a health care worker who moved from one nursing job to another while killing at least 16 patients under his care. The bill moves to the full Senate (STAR-LEDGER [NEWARK]). 

SOCIAL POLICY: A federal court in TENNESSEE refuses a request to temporarily halt the Volunteer State from issuing a "certificate of driving" to illegal immigrants rather than a standard driver's licenses (see SNCJ Spotlight in this issue). The suit claims that issuing the certificate in lieu of the regular license discriminates against immigrants. A final decision is still pending (TENNESSEAN [NASHVILLE]). * The U.S. Dept. of Justice announces it will appeal a NEBRASKA judge's ruling that the Partial Birth Abortion Act is unconstitutional. That ruling also said the Act imposes an undue burden on a woman's right to have an abortion. Most experts believe the case will eventually make it to the U.S. Supreme Court (SIOUX CITY JOURNAL). * CALIFORNIA Gov. Arnold Schwarzenegger (R) vetoes legislation that would have allowed legal residents and U.S. citizens of Mexican descent to file for damages decades after being deported during a Depression-era program designed to free up jobs. Schwarzenegger said he prefers the matter be addressed through a Legislature-approved reparations fund (ORANGE COUNTY REGISTER).  

POTPOURRI: CALIFORNIA Gov. Arnold Schwarzenegger (R) signs AB 2404, which makes the Golden State the first in the nation to expand federal Title IX requirements to include local parks and recreation districts. Title IX guarantees equal access to athletic programs for women and girls at public schools (SACRAMENTO BEE). * Reeling from writer's cramp, CALIFORNIA Gov. Arnold Schwarzenegger (R) also signs off on SB 1520, a bill that bans the force-feeding of ducks and geese in order to produce foie gras, a culinary delicacy. The endorsement came as a surprise to many, as Schwarzenegger had previously mocked the bill, calling it "so absurd" (SAN JOSE MERCURY NEWS).
 

-- Compiled by RICH EHISEN
TOP OF PAGE


Once around the statehouse lightly

ON THE LAM. They have been fugitives in CALIFORNIA for the past 30 years, and thanks to Gov. Arnold Schwarzenegger, they'll be on the lam for at least another year. Not only that, reports the San Diego Union-Tribune, there are 500,000 of them hiding out in the Golden State -- including one who once co-starred with Schwarzenegger in "Kindergarten Cop." "They," in this case, are ferrets, and ferret-lovers have been trying to have their pets legalized for more than a decade. Some thought 2004 was the year because it marked the first time that a pro-ferret bill actually passed the Legislature and landed on the governor's desk. No dice. The Dept. of Fish and Game opposed their legalization over fears that escaped ferrets could establish wild colonies. 

NEVER ON SUNDAY. At least, not yet. But if a PENNSYLVANIA lawmaker has his way, folks in the Keystone State will be able to buy beer on Sunday -- between noon and 5:00 p.m. And, yes, those hours do coincide with normal broadcast times for pro football games. According to the Pittsburgh Post-Gazette, state Sen. Sean Logan, a Monroeville Democrat, wants to allow beer distributors to sell their wares between the appointed times on Sunday -- a practice that  currently is illegal. You just never know when you might run out of suds on a Sunday, and football just can't be enjoyed without a little buzz on your brain.

AND SINCE WE'RE IN THE NEIGHBORHOOD. Think of all the possible places where members of Congress might travel on someone else's nickel, and the NEVADA desert doesn't leap to mind. Yet according to the Las Vegas Sun, those good folks took 159 privately funded trips to Yucca Mountain over the past four years -- most of the junkets paid for by the nuclear-power industry, which is pushing Yucca Mountain as the site of a low-level nuke waste disposal site. Of course, it helped that to get to Yucca Mountain, one has to land at Las Vegas. And probably spend a few nights recovering from the long flight from Washington. Probably have to spend a few nights resting up for the return trip, too. 

A PARTY, BUT NOBODY CAME. Gov. Frank Murkowski thought it would be a good idea to arrange a special four-day sailing across the Gulf of Alaska for the Kennicott, a state-owned ferry operated by the ALASKA Marine Highway System. The special schedule, which diverted the ferry from its regular run elsewhere, coincided with Murkowksi's hosting of the Council of State Governments annual meeting in Anchorage. The Kennicott was supposed to serve as an attraction and transportation for attendees, and another ferry had to take over its regular route in Southeast Alaska. But as the Juneau Empire reports, the diversion cost the ferry system about $108,000 and earned barely a third of that in revenue. The Kennicott holds 748 passengers, but only 26 traveled on the four-day excursion -- and the state couldn't confirm that any of the passengers were headed for the conference. And by the way, the Marine Highway System recently asked for an additional $18 million to continue operations. Of course it did.

UN-REALITY TV. It's all the rage these days on TV, so why shouldn't  government get in on reality television? Apparently, they plan to -- at least, in MARYLAND. According to the Baltimore Business Journal, the Governor's Office of Minority Affairs will launch "The Ultimate Business Makeover" on October 30. In the program, carried over WMAR-TV, Channel 2 in Baltimore, small business owners will compete for a makeover that includes image, marketing, management and technology. Oh, and a personal makeover, use of a limo and a catered business lunch for the lucky owner. An administration official will host the show. Donald Trump does not qualify. 
 

 -- By A.G. BLOCK
TOP OF PAGE
In The Hopper
State Net's data base tracks tens of thousands of bills in all 50 states at any given time. Here's a snapshot of what's in the legislative works:

THIS WEEK

  • New bill intros/prefiles this week: 582
  • Enacted/adopted: 281
OVERALL
  • Total Number of bill intros/prefiles in 2004: 120,047
  • Enacted/adopted in 2004: 25,078
  • Total Number of measures in State Net database: 188,928
Compiled By GINA HUMMELL | Data current  as of 10/1/04 | Source: State Net database

TOP OF PAGE


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

Copyright 2004 State Net
ISSN: 1521-8449

A Publication of State Net ®, A LexisNexis Company