Voters set to weigh in on a litany of key ballot measures
 
Fall is in the air, which can only mean it is election season again. To wit, voters in seven states head to the ballot box next month to tackle a total of 35 major propositions and referendums. (An eighth state, LOUISIANA, held its vote on Oct.20.) Per usual, tax- and bond-related measures dominate the landscape — there are seven overall tax measures and 10 total bond measures — but voters will also cast ballots on several other controversial issues, including stem cell research (NEW JERSEY), school vouchers (UTAH), land use (OREGON), abortion (MISSISSIPPI) and insurance costs (WASHINGTON). This week, we've taken a state-by-state look at some of the key issues in each of the states holding elections on Nov. 6.
 
In addition to electing Republican Bobby Jindal to the governor's office, LOUISIANA voters also endorsed three of the four ballot measures before them. Of these, the most notable was Amendment 3, which prohibits lawmakers from raising retirement benefits for state employees unless they have already identified a secure funding source to pay for it. Voters rejected a proposal to exempt jewelry sold through consignment from property taxation. 
 
Four of the five ballot measures in MAINE deal with bonds, totaling $134 million — $55 million for economic development, $43.5 million for new college buildings and $35.5 million for land conservation. But two other key questions will also vie for voters' attention: Question 1 would authorize a tribal commercial harness racing track with slot machines and high-stakes beano games in Washington County, while Question 5 would extend term limits for members of the Legislature from 4 to 6 terms. 
 
MISSISSIPPI has only a single ballot question, Measure 23, but it has potentially historic implications. That proposal seeks to change the Magnolia State constitution to legally recognize that life begins at conception and bar anyone from "depriving an unborn person of life." In addition to banning abortion, Measure 23 would also "forbid taking the life of a person by aiding a suicide attempt." Supporters have made it clear their intention is to use Measure 23 to challenge Roe v. Wade. 
 
Property tax relief is the big issue in NEW JERSEY, which has the highest such assessments in the nation. To address that, voters will get to have their say on Public Question 1, which would amend the Garden State constitution to dedicate 1 percent of sales tax revenue each year for property tax reform. Voters also will determine whether the state will sell $450 million in bonds to fund stem cell research and another $200 million to pay for land acquisition and conservation. Public Question 4 would also amend the state constitution to delete the phrase "idiot or insane person" when referring to someone who has been deemed mentally incapable of voting. 
 
In OREGON, Measure 49 would amend 2004's Measure 37, which forced local governments to either allow property owners to develop their property under the rules that were in place when they bought it or to be paid lost value caused by subsequent rule changes. Beaver State land owners have subsequently filed loss claims in excess of $19 billion. Measure 49 supporters — including Gov. Ted Kulongoski (D) and environmental groups — say the proposal will relieve cash-strapped local governments and enforce the spirit of Measure 37 by allowing land owners to place additional housing on their property, but curb their ability to develop large subdivisions or commercial projects on land reserved for residential and farm use. Opponents, mostly business and anti-tax groups, say it will erode the rights of property holders. The other measure up for grabs, Measure 50, would enact an 84.5-cents-per-pack tax on cigarettes to fund health care for uninsured kids. 
 
TEXAS has a total of 16 propositions for voters to consider. Bond measures are big in the Lone Star State this year, with Proposition 12 seeking $5 billion for highway projects and Proposition 15 asking for $3 billion to fund a cancer research center. Other key measures include Proposition 3, which would amend the state constitution to authorize lawmakers to limit the tax value of homes based on their last appraised value; Prop. 6, which would change the constitution to allow lawmakers to exempt business vehicles from property tax; and Proposition 7, which would amend the constitution to allow a landowner to repurchase property previously acquired by a governmental entity through eminent domain if the public use for which the property was acquired goes astray. 
 
UTAH also has only one ballot measure — Referendum 1 — but it too is a whopper. That proposal would allow voters final say on a law the Legislature passed this year that would create the nation's broadest tax-funded private school voucher program. This has easily been one of the most controversial issues of the year, with both sides pouring big money — about $2.6 million so far — into their respective campaigns. The fervor has at times reached hyperbole, with one voucher opponent accusing the pro-voucher folks of being "from Satan." Gov. Jon Huntsman (R) recently issued a plea to both sides to "maintain a sense of respect and equilibrium as we do the due diligence and determine for ourselves what we think is right for the state," adding that he hopes advocates will "keep the heat down a little bit." 
 
In WASHINGTON, the hottest measure before voters is Referendum 67, ostensibly a case of open warfare between the trial lawyers who support it and the insurance companies that oppose it. Under the proposed measure, it would be illegal for insurance companies to "unreasonably deny a claim for coverage or payment of benefits." Those that do so would in theory be entitled to actual damages plus costs and reasonable attorney fees, and in some cases up to triple damages. Evergreen State lawmakers approved legislation to that effect earlier this year, but a citizen campaign gathered enough signatures to force the issue onto the ballot. Voters also get to weigh in on Initiative 960, which broadens the state's requirements that tax increases receive a two-thirds approval from the Legislature or direct voter approval and requires legislative approval for all fee hikes by state agencies. Other measures would change the state constitution to allow voters to approve school taxes with a simple majority vote instead of the current 60 percent supermajority, authorize state-operated inmate labor programs, dedicate 1 percent of all state revenue to a budget stabilization fund and amend the state constitution to allow colleges and universities to use their permanent funds to invest in stocks and bonds. 
 
Readers wishing to receive a full State Net report on all of the Nov. 6 ballot measures can request one at http://www.statenet.com/issuereports/ballot.html. 
 
(STATE NET, THE INITIATIVE & REFERENDUM INSTITUTE, STATELINE.ORG, INSURANCE JOURNAL, KCPW [SALT LAKE CITY])

East Coast Has the Greenest States
 
Led by Gov. Arnold Schwarzenegger (R), CALIFORNIA has become synonymous of late with cutting edge environmental policies. But according to a new survey conducted by Forbes magazine, the Golden State is only the 14th "greenest" state in the nation. Perhaps not surprisingly, the top spot belongs to VERMONT — long noted for its environmentally friendly ways — followed by OREGON and WASHINGTON respectively. That determination was made by comparing each state in six equally weighted categories: carbon footprint, air quality, water quality, hazardous waste management, policy initiatives and energy consumption. Other states faring well include CONNETICUT, NEW JERSEY and HAWAII. In fact, all of the top 10 states were located in either the West or the East. In contrast, all of the states ranked in the bottom 10 are in the South or Midwest, with WEST VIRGINIA dubbed the least green state in the nation.

STATES PONDER LOTTERY SELL-OFFS: The largest privatization of a government enterprise in U.S. history may be about to begin: At least a dozen states, including both Democratic strongholds, like CALIFORNIA, ILLINOIS and MASSACHUSETTS, and Republican-dominated states, like FLORIDA, INDIANA and TEXAS, are considering plans to sell or lease their lotteries. Even NEW YORK, which experts say has one of the best-run lotteries in the nation, is exploring the idea. 
 
One major reason for all of the interest is the potential payoff for cash-strapped states. Goldman Sachs estimated earlier this year that CALIFORNIA could reap $14 to $18 billion from leasing its lottery. Lehman Brothers placed the figure even higher, as much as $37 billion, prompting Gov. Arnold Schwarzenegger (R) to remark, "I think there is so much potential there...I think the question really is, should we not really start thinking creatively here?" In fact, earlier this month, the governor recommended that the state use the proceeds from privatizing the lottery to fund expanded health care coverage. 
 
Wall Street has much to gain from lottery privatization as well. Investment firms could conservatively make $250 million in fees off the privatizations under consideration in CALIFORNIA, FLORIDA, ILLINOIS and TEXAS alone. Consequently, they are employing well-connected former public officials to make their pitches to the states. Goldman Sachs, for instance, sent former CALIFORNIA state treasurer Kathleen Brown — who is also the daughter of one famous CALIFORNIA governor, Pat Brown, and sister of another, Jerry Brown — to the Golden State. And Lehman Brothers' is relying on William F. Weld, governor of MASSACHUSETTS from 1991 to 1997, to advance its agenda there. 
 
Much of the impetus for lottery privatization has come from the major road privatization deals in recent years: the lease of the Chicago Skyway to an Australian-Spanish consortium for $1.8 billion in 2005 and of the INDIANA Toll Road to the same group for $3.8 billion in 2006. 
 
There is plenty of resistance to the concept in the states, however. Some critics believe privatization will lead to stepped-up marketing and sales efforts directed at minority and low-income residents who play the games most now. 
 
"There's no doubt in my mind that if it were in private hands, they'd want to market it more aggressively," said INDIANA Sen. David Ford (R). "The lottery is a regressive tax that pulls money from people. I'm not morally opposed to the lottery or privatization; I just think it's bad policy." 
 
Public schools, traditionally the biggest beneficiaries of state lotteries, also worry that privatization will ultimately cut off their funding supply. The fact that states are already earmarking the proceeds from their potential lottery sales for other purposes — health care expansion in CALIFORNIA, a public pension liability in ILLINOIS and cancer research in TEXAS — suggests they have cause for concern. 
 
But supporters of privatization have their reasons too. A spokesman for TEXAS Gov. Rick Perry (R) said the idea "appeals to the governor because the state can get out of the gambling business." And H.D. Palmer, a spokesman for CALIFORNIA's Department of Finance, said, "We have an asset that is underperforming, and what they do is not as effective as the private sector." 
 
Ultimately, fiscal realities may make privatization impossible for states to resist. "The needs of the states and the market opportunities will combine to make something happen," said Kent Hitchcock, an investment banker at Morgan Stanley. (NEW YORK TIMES) 
 
WAL-MART SOUGHT STATE TAX SHELTERS: Wal-Mart Stores Inc. hired the accounting firm of Ernst & Young LLP to devise aggressive strategies to cut the company's state tax bills, according to documents filed recently in a lawsuit against the company by the state of NORTH CAROLINA. 
 
One of the documents was a letter the retail giant sent to several major accounting firms in 2001 stating, "Wal-Mart is requesting your proposal(s) for professional tax advice and related implementation services in connection with minimization of state income taxes in the following states: ARIZONA, CALIFORNIA, FLORIDA, ILLINOIS, INDIANA, MICHIGAN, MINNESOTA, and PENNSYLVANIA." 
 
Ernst & Young eventually landed the job and came up with numerous strategies for the company, including one that allowed it to claim tax deductions in CALIFORNIA for dividends it didn't actually pay and another that exploited a loophole in TEXAS tax law to exempt the company from the state's corporate franchise tax. 
 
The strategies seemed to have worked. While state income tax rates over the past decade averaged nearly 7 percent, Wal-Mart's rate over the same period was about half that, according to Standard & Poor's Compustat. 
 
In recent years, tax-enforcement authorities have been cracking down on corporate transactions that serve no other purpose than reducing taxes, considering them to be improper tax shelters. That's the view NORTH CAROLINA's attorney general has taken on a real-estate investment trust scheme that exempted Wal-Mart from the state's corporate income tax. 
 
A spokesman for Ernst & Young said the tax strategies for Wal-Mart were developed "years ago when such tax structures were not uncommon." But the firm also noted in a proposal to Wal-Mart in 2002 that one particular strategy it had come up with would likely draw scrutiny from states and the IRS "in a 'post-Enron' environment and amidst the focus on 'tax haven' operations." 
 
The fact that Ernst & Young was not only Wal-Mart's tax adviser but also its outside auditor is problematic as well, although apparently legal. A spokesman for the accounting firm said the work it did for Wal-Mart "complied fully with the independence rules at the time regarding tax advice provided to audit clients." (WALL STREET JOURNAL) 
 
GUBERNATORIAL REVOLT IN NV: NEVADA Gov. Jim Gibbons (R) recently asked state departments to come up with ways to cut their budgets by 5 percent. System of Higher Education Chancellor Jim Rogers promptly refused to comply with that request. "I think your action is premature," Rogers wrote in a letter to Gibbons last week. "A series of more thoughtful, planned and less drastic means could and should be utilized before resorting to budget reduction plans or even the discussion of such plans..." he said. Rogers isn't the only one turning a deaf ear to the governor either. Clark County Commission Chairman Rory Reid is doing so in a more indirect way by refusing to propose millions in cuts requested by the state's Health and Human Services Department. Observers say part of the reason for such bold defiance is Gibbons' governing style. "He certainly seems to be going out of his way to execute decisions in as antagonistic a way as possible," one Republican lawmaker said of the governor. Gibbons' reaction to the resistance appears to support that view. "In a fairy-tale world, there would be no requirement to cut any budget, reduce any spending," he said. "But we live in a world of reality and when revenues for the state aren't meeting expectations and projections, we have to be realistic." (LAS VEGAS SUN) 
 
O'MALLEY ISSUES DIRE WARNING: MARYLAND Gov. Martin O'Malley (D) warned last week that if lawmakers don't pass his plan to close a looming $1.7 billion budget shortfall by increasing taxes and legalizing slot-machine gambling, the state will have to lay off 10 percent of the public workforce, freeze funding for education and teacher retirement, close eight state parks, slash university and community college budgets, and significantly cut back public health programs. "There is a price to doing nothing," he said. Some lawmakers accused him of overdramatizing the situation to generate support for his plan heading into the special session that began today. "I think Halloween's come early to Annapolis," said Sen. E.J. Pipkin (R). "All we saw today is scare tactics." (WASHINGTON POST) 
 
BUDGETS IN BRIEF: Over 750,000 TEXAS drivers have failed to pay the large fines for traffic violations they incurred under the TEXAS Driver Responsibility Program, depriving the state of nearly $620 million, earmarked primarily for trauma care. The program, approved by the Legislature in 2004, imposes surcharges on drivers for offenses such as failing to have insurance, driving without a valid license and driving while intoxicated, which carries among the highest surcharges: $1,000 a year for three years for a first conviction and $1,500 a year for a second offense (DALLAS MORNING NEWS). • Last week, INDIANA Gov. Mitch Daniels (R) proposed permanently capping property taxes and cutting the average Hoosier homeowner's bill by 35 percent. The proposal, which the governor announced in a live television address, came in response to a statewide property tax crisis this year that has seen bills double and, in some cases, even triple (INDIANAPOLIS STAR). • WISCONSIN lawmakers passed a $57.2 billion two-year budget last week, ending the nation's last budget stalemate. Gov. Jim Doyle (D) is expected to approve the plan (WASHINGTON POST). • ILLINOIS Gov. Rod Blagojevich (D) has floated a plan to pay for mass transit by siphoning off $350 million a year from the gasoline sales tax in Cook and the collar counties. The governor's office refused to release specifics about the proposal last week, but there were indications that House Speaker Michael Madigan (D) wouldn't go for it (CHICAGO SUN-TIMES).

ACTIVISTS FILE REDISTRICTING INITIATIVE IN CA: After years of listening to lawmakers talk about redistricting reform and then take no action, a coalition of activist groups has filed an initiative to strip the Legislature of its power to draw political boundaries. 
 
"Legislators have every incentive to cut communities up in ways that ensure that they can get reelected without any challenge," said Kathay Feng, executive director of Common Cause, one of the groups behind the measure. (The other two backers are the Los Angeles Chamber of Commerce and AARP.) In the two elections since districts were last drawn, in 2001, not a single legislative seat — and only one congressional seat — has changed party hands. 
 
Under the initiative filed last Tuesday, redistricting would be done by a 14-member citizen commission composed of five Democrats, five Republicans and four third-party voters. The panel would draw the maps for the Legislature and Board of Equalization, but not Congress, a concession to congressional Democrats who have vowed to fight any change on that front. 
 
Assembly GOP leader Mike Villines opposes the measure on that ground. 
 
"It doesn't pass the sanity test," he said. "I think it's a mistake." 
 
However, the state's top Republican, Gov. Arnold Schwarzenegger, supports the proposal. 
 
Still, voters have rejected redistricting measures five times over the past 25 years, most recently in 2005 (Proposition 77). But Feng said the new initiative is different. 
 
"It's not driven by any party," she said. "It's driven by a lot of groups that see a problem that needs to be fixed." (SACRAMENTO BEE) 
 
SUPPORTERS RELAUNCH CA ELECTORAL VOTE MEASURE: A GOP-backed effort to alter CALIFORNIA's winner-take-all primary system to benefit the 2008 Republican presidential nominee, which appeared dead after its primary backers resigned last month (see "CA Electoral Reform Measure Folding" in Oct. 1 issue of SNCJ), has been resurrected. GOP strategist David Gilliard, who played a key role in getting the recall of former Gov. Gray Davis (D) onto the 2003 ballot, said last week that he would be taking over the electoral-vote initiative campaign. Gilliard will be assisted in that effort by fellow veterans Ed Rollins, who was Ronald Reagan's national campaign director in the 1984 presidential race; Anne Dunsmore, who until recently, oversaw fundraising for Rudolph Giuliani's presidential campaign; and Michael Arno, founder of Arno Political Consultants, which has managed the signature-gathering effort for over 300 state and local ballot measures. The new team will have until Nov. 13 to gather the 434,000 valid signatures needed to qualify the measure for the June 2008 ballot. (LOS ANGELES TIMES) 
 
POLITICS IN BRIEF: The Republican National Committee's executive panel recommended last week that five states — FLORIDA, NEW HAMPSHIRE, MICHIGAN, SOUTH CAROLINA and WYOMING — be stripped of half their delegates to the party's 2008 national convention if they go ahead with their plans to hold presidential delegate selection events before the RNC's official Feb. 5 start date (CQPOLITICS.COM). • A political consultant, a newspaper publisher and a former political columnist filed a legal challenge last week to MICHIGAN's Jan. 15 presidential primary. The plaintiffs claim that a provision in the state's primary-election law granting the Democratic and Republican parties exclusive access to voter records is unconstitutional and may constitute grounds for halting the election (DETROIT FREE PRESS). • CALIFORNIA Gov. Arnold Schwarzenegger (R) and other state officials decided last week to postpone filing a lawsuit against the EPA seeking to force the agency to allow the state to regulate emissions of greenhouse gasses from automobiles because of the fires in southern CALIFORNIA. Mary Nichols, chair of the state's Air Resources Board, said the suit would be filed this week instead of last as planned "so that all state and federal resources can remain focused on fighting these devastating wildfires." (SAN JOSE MERCURY NEWS)

SOUTHEAST GOVS WAGE WATER WAR: The ongoing drought in the Southeast spurred Gov. Sonny Perdue (R) to declare a state of emergency last week in the Peach State. Perdue also launched a full court press on President Bush to declare a federal disaster that would result in less water being released from Georgia's Lake Lanier, which provides drinking water to Atlanta. 
 
GEORGIA also filed a federal lawsuit seeking to force the U.S. Army Corps of Engineers to reduce releases from Lanier until March 1. The suit claims the Corps is releasing more water than is necessary to protect three endangered species downstream. "The actions of the Army Corps of Engineers and the Fish and Wildlife Service are not only irresponsible, they are downright dangerous," Perdue claimed, adding that the agencies are "putting mussels in front of people." 
 
Perdue's plea to Bush brought an immediate negative response from ALABAMA Gov. Bob Riley (R), who wrote the president a letter urging him to deny Perdue's request. Riley said restricting flow from Lake Lanier would dramatically reduce flows going downstream into the Chattahoochee River and to the Heart of Dixie. FLORIDA Gov. Charlie Crist (R) also decried Perdue's proposal, citing similar concerns over the potential damage such a cutback would have on the Sunshine State fishing industry that operates on both the Chattahoochee and Apalachicola Rivers.  
 
Some observers in FLORIDA and ALABAMA also contend that GEORGIA's lack of water is partly its own fault, primarily for allowing too much development while not practicing sound water conservation habits until the situation hit crisis status. Gil Rogers, a lawyer with the Southern Environmental Law Center, definitely believes that too much growth, coupled with record drought, is the major culprit. "It's been develop first and ask questions later," Rogers says. But Carol Couch, Perdue's director of environmental protection, flatly denies that claim. "We are not here because we consumed our way into this drought, as some would suggest," Couch says. (ATLANTA JOURNAL-CONSTITUTION, BIRMINGHAM NEWS, TALLAHASSEE DEMOCRAT, NEW YORK TIMES) 
 
JINDAL VOWS END TO CLIMATE OF CORRUPTION: LOUISIANA Gov.-elect Bobby Jindal (R) says he will call a special legislative session in January to focus on cleaning up the Pelican State's "climate of corruption." Jindal also made it clear he will "call out" lawmakers who try to "dilute" or block his efforts.  
 
"I will not take 'no' for an answer," Jindal said. "I want to have the 'gold standard' when it comes to ethics, so we can declare war on corruption." Jindal listed several ethics priorities during his campaign, including requiring all legislators and statewide elected officials to disclose their personal finances. State lawmakers considered similar legislation this year, but killed the proposal in a dispute over whether to also require local government officials to disclose their personal finances. 
 
Jindal is so far concerning himself only with state lawmakers, proposing measures that would prohibit contracts between government and businesses in which legislators have a financial interest, bar elected officials from lobbying before state agencies, require comprehensive lobbyist disclosure and bring criminal charges against anyone who violates the new code.  
 
Some political observers believe Jindal's lopsided victory — he captured 54 percent of the vote in the 12-person field, carrying 60 of 64 parishes — is a sign of growing GOP strength in the Democrat-dominated Pelican State. Wayne Parent, a political science professor specializing in Southern politics at LOUISIANA State University, called the victory "sort of an earth-shattering landslide." Parent also credited the emphatic nature of Jindal's win to other factors, including regrets by voters who sided with Democratic Gov. Kathleen Blanco over Jindal in 2003. Blanco received ample criticism for her performance during Hurricane Katrina. "He really played on this buyer's remorse," Parent said. 
 
At just 36, Jindal is the nation's youngest governor, and the first of Indian-American descent. (ADVOCATE [BATON ROUGE], NEW YORK TIMES) 
 
EXECUTIVE ORDERS: OKLAHOMA Gov. Brad Henry (D) issues EO 47, which directs state Homeland Security officials to develop a State Information Fusion Center to coordinate efforts to combat terrorism and share information (STATE NET). * OREGON Gov. Ted Kulongoski (D) issues EO 18, which directs state officials to develop statewide guidelines for "employees and management in addressing incidents of domestic violence, sexual assault and stalking and their effects in the workplace" (STATE NET). * MARYLAND Gov. Martin O'Malley (D) issues EO 23, which creates the Governor's Commission on Middle Eastern American Affairs to deal with issues important to the Old Line State's Middle Eastern community (STATE NET).  
 
GOVERNORS IN BRIEF: In more drought news, NORTH CAROLINA Gov. Mike Easley (D) ordered a statewide ban on outdoor burning and urged local officials to place limits on lawn watering, car washing and other optional water uses in every community in the Tar Heel State (STATE NEWS [WILMINGTON]). • OHIO lawmakers approved a measure to ban cash-paying electronic "games of skill" that Gov. Ted Strickland (D) says are slot machines in disguise. Strickland had tried to ban the games via executive order last year, but the courts overruled him, saying it was a matter for lawmakers to decide. He is expected to sign the measure immediately (TOLEDO BLADE).

BUSINESS: A federal court rules that a WISCONSIN law mandating a 9 percent profit for gas stations violates federal anti-trust laws. The 68-year-old law was intended to prevent predatory pricing that would allow large sellers from forcing smaller operations out of business (MILWAUKEE JOURNAL SENTINEL). • CALIFORNIA Gov. Arnold Schwarzenegger (R) vetoes SB 120, which would have required restaurants with at least 14 locations in the state to display nutrition information on menus and menu boards (SAN FRANCISCO CHRONICLE). • Still in CALIFORNIA, Schwarzenegger vetoes SB 63, which would have required special labeling for food produced from cloned animals (SAN FRANCISCO CHRONICLE). • Schwarzenegger also vetoes a proposal to allow CALIFORNIA unions to organize farm workers by collecting signed membership cards instead of holding an election with secret ballots (CONTRA COSTA TIMES). • Again in CALIFORNIA, Schwarzenegger vetoes SB 836, a proposal to prohibit employment discrimination on the basis of family responsibilities such as caring for a sick relative (SAN FRANCISCO CHRONICLE). • And yes, in CALIFORNIA, Schwarzenegger signs SB 880, which allows the import and sale of kangaroo leather. The new law overrides an earlier state Supreme Court decision that upheld a 1971 Golden State law that banned the import of 'roo-based products (SAN FRANCISCO CHRONICLE). • Federal officials reject an appeal from the governors of MASSACHUSETTS, RHODE ISLAND, and MAINE to declare a "fisheries resource disaster," the initial step in obtaining financial aid for the struggling East Coast groundfishing fleet. The governors argued that the industry has been badly damaged by federal restrictions on the number of days at sea for fishermen who target fish like flounder and cod (BOSTON GLOBE).  
 
CRIME & PUNISHMENT: The NEW YORK Court of Appeals upholds its own 2004 ruling that says the Empire State law allowing capital punishment is unconstitutional because instructions given to jurors in capital cases are biased toward handing down a death sentence. The court said any changes to the law must come from lawmakers, not the courts (ALBANY TIMES UNION). • CALIFORNIA Gov. Arnold Schwarzenegger (R) signs AB 1471, legislation that requires Golden State gun sellers to imprint characters that reveal a gun's make, model and serial number on bullet casings. The measure goes into effect in 2010 (SAN FRANCISCO CHRONICLE). • The OHIO Senate unanimously endorses legislation that would impose the same legal penalties for possessing powdered cocaine as for having crack cocaine. Under current Buckeye State law, a person caught with 25 grams of crack can be convicted of a first-degree felony, while it requires at least 500 grams of powdered cocaine to face the same sanctions. The measure moves to the House (CLEVELAND PLAIN DEALER). • Still in OHIO, the Senate approves legislation that would allow consumers to have credit-reporting agencies freeze access to their credit information if their personal information has been compromised. The proposal also restricts access to Social Security numbers on public records posted on the Internet. Credit companies would be allowed to charge $5, but the action would be free for victims of identity theft. It moves to the House (TOLDEO HOUSE). • ID theft is also the issue in ILLINOIS, where Prairie State officilas unveil new driver's licenses and state ID cards designed to better combat such fraud. New features include two pictures of the license holder instead of one and difficult-to-duplicate graphics (CHICAGO SUN-TIMES).  
 
EDUCATION: The ARIZONA Board of Education gives preliminary approval to adding an additional year of math and a half-year of economics to graduation requirements for the class of 2012. Current requirements call for only two math credits — algebra and geometry — with no economics courses. The new rules must still gain final approval (ARIZONA DAILY STAR [TUCSON]). • CALIFORNIA Gov. Arnold Schwarzenegger (R) signs SB 490, which prohibits the use of trans fats in K-12 public schools outside of reduced-fee meal programs (SAN FRANCISCO CHRONICLE). • Also in CALIFORNIA, Schwarzenegger vetoes SB 1, which would have made some financial aid available to illegal immigrants who graduate from Golden State high schools (SAN FRANCISCO CHRONICLE). 
 
ENVIRONMENT: CALIFORNIA Gov. Arnold Schwarzenegger (R) signs AB 821, a measure that bars hunters from using lead-based bullets within the range of the federally endangered CALIFORNIA condor. Supporters claim the scavenger birds are being poisoned by lead imbedded in animal carcasses left by hunters (SAN FRANCISCO CHRONICLE). 
 
HEALTH & SCIENCE: The MICHIGAN House endorses a package of bills that include measures to limit the amount that health insurers can raise individual rates at renewal. The proposal would also allow the state accident fund to offer lines other than workers compensation. The bills, HB 5282-5285, move to the Wolverine State Senate (CRAIN'S DETROIT BUSINESS). • CALIFORNIA Gov. Arnold Schwarzenegger (R) signs AB 1108, which bans toxic chemicals known as phthalates in toys and products intended for children 3 and younger. Toy manufacturers use phthalates as plastic softeners (SAN FRANCISCO CHRONICLE). • As expected, Schwarzenegger also vetoes AB 8, legislation that would have required CALIFORNIA employers to spend a minimum of 7.5 percent of their payroll on employee healthcare or to pay that amount into a state insurance fund (LOS ANGELES TIMES).  
 
HOMELAND SECURITY: Federal Dept. of Homeland Security Sect. Michael Chertoff waves several environmental laws so that construction can continue on a border fence through a national conservation area in ARIZONA. Chertoff's waiver, which is allowed under the federal law that mandated the building of the fence, bypasses a federal court ruling that suspended the fence construction, contending the government had failed to carry out the required environmental assessment (NEW YORK TIMES).  
 
IMMIGRATION: The NEW YORK Senate approves legislation that would overturn Gov. Eliot Spitzer's (D) recent decision to allow illegal immigrants to obtain an Empire State driver's license. It now motors into the Assembly (NEW YORK TIMES). • A federal judge throws out a lawsuit seeking to block implementation of a new OKLAHOMA law that bars illegal immigrants from receiving public benefits. The measure, HB 1804, also imposes strict penalties on Sooner State employers that knowingly hire undocumented workers. The court said that since none of the plaintiffs in the case has yet been injured by the law, they have no standing to sue (DAILY ARDMOREITE). • Citing excessive costs, MAINE officials scrap plans to translate state driver's license manuals and testing materials into French and Spanish (KENNEBEC JOURNAL). 
 
SOCIAL POLICY: The MASSACHUSETTS Senate endorses a proposal to establish a 35-foot "no-protest zone" around clinics where abortions are performed. The Bay State currently enforces an 18-foot buffer zone for such protests. The measure moves to the House (BOSTON GLOBE). • CALIFORNIA Gov. Arnold Schwarzenegger (R) vetoes AB 43, which would have allowed same-sex couples to legally marry in the Golden State. However, Schwarzenegger signs SB 777, which adds sexual orientation and gender identity to the state's list of prohibited bases of discrimination (SACRAMENTO BEE). • Still in CALIFORNIA, Schwarzenegger also vetoes a pair of measures — AB 537 and SB 727 — that would have expanded the state's unpaid and paid leave programs to include care for a sibling, mother- or father-in-law, grandparent or grandchild (SAN FRANCISCO CHRONICLE).  
 
POTPOURRI: NEW JERSEY Gov. Jon Corzine signs SB 2053, legislation that will allow counties and municipalities the ability to build and operate publicly accessible wireless Internet networks in the Garden State. The law goes into effect right away (POLITICSNJ.COM).

THAT'S THE TICKET: Hell apparently hath no fury like that of a Hannah Montana fan scorned. According to the Lincoln Journal Star, NEBRASKA State Sen. Gwen Howard felt that wrath recently when fans of the teen popster, a.k.a. Miley Cyrus, couldn't get tickets to see her show at the Qwest Center in Omaha before the professional ticket sellers gobbled them all up. After those tickets started showing up online for as high as $1,500 each, Howard says angry fans deluged her with complaints. So now she wants to make tickets available only at the box office the first 48 hours after they go on sale, with each buyer limited to just six tickets. The prospect of forcing folks to camp out for days to get their concert ducats has the venue operator and ticket brokers going crazy, but Howard is so far unmoved. Howard fondly recalls doing so herself years ago in order to get John Denver tickets, saying, "That's just what you did." Not sure about the bill, but you have to give her credit for admitting to waiting in line for hours to see John Denver. 
 
WHO'S ON FIRST? It probably would be best not to ask that of MASSACHUSETTS Gov. Deval Patrick. While Red Sox Nation has worked itself into a visible froth these days over the Old Towne team playing for its second World Series championship in four years, Patrick seems a little, err, out of touch with all things Bosox. According to the Boston Globe, Patrick recently made a point of telling reporters that he had placed a friendly wager on the Series with COLORADO Gov. Bill Ritter. Unfortunately for Patrick, knowing that the Sox were in the Series was about the extent of his team expertise. Upon further questioning, Patrick struggled to name Sox players or to even say how long he has been a fan. He did offer a prediction, saying "We will win." We'll presume his "we" means the Red Sox.  
 
WICKED WIKI WONDERS: Wikipedia, the user-created and edited online encyclopedia, draws about 7 billion hits a month, including many who want to edit the information found there. According to a recent Sacramento Bee study, thousands of recent edits have also come from CALIFORNIA government workers using state computers during work hours. Most are harmless enough, intended only to make their bosses or agencies look better in the eyes of the global community. For instance, state computers have been used to delete a reference to state Sen. Leland Yee's 1992 booking in HAWAII on suspicion of shoplifting and to pump up the accomplishments of House Speaker Fabian Nuñez. But while most self-styled Wiki editors are content to just go apple polishing, some have been busy with other pursuits. Among the other numerous entries coming from state workers were often crude entries on specific porn stars, more than 1,100 entries on WWI fighter planes, long lists of Chinese dissidents, an accounting of the modules in the game Dungeons and Dragons, and lists of record albums with hidden tracks.  
 
THE ROADKILL STATE: WEST VIRGINIA's official nickname is the Mountain State, but you could also easily identify it as the home of the nation's roadkill. According to the Charleston Daily Mail, insurer State Farm has issued a new study that reveals WEST VIRGINIA drivers have a 1-in-57 chance of hitting a deer on the highway, significantly higher than the national average of 1-in-216. To put that in perspective, the company says, you have only a 1-in-150 shot at getting audited by the IRS, and just a 1-in-280,000 chance of being hit by lightning. And the safest state for such matters? That would be HAWAII, where drivers face just a 1-in-16,624 chance of clobbering Bambi.