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Volume
XIII, No. 37
November 7, 2005
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STORY
COLORADO voters rocked
anti-tax advocates nationwide last week by choosing to place their TABOR
law on hiatus. This week, voters in several states go to the polls to be
heard on other controversial issues, from redistricting to gay marriage.
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SNCJ
Spotlight
Voters Settle
States' Political Disputes
This year is an off one politically, with only a handful of states holding
elections for statewide office. But that doesn't mean political battles
haven't still been raging in the states. One of the highest-profile of
those conflicts spilled over into the ballot box last Tuesday in COLORADO.
And this week, voters will be called upon to resolve similar political
feuds in six other states. |
In 1992, Colorado enacted a constitutional amendment dubbed
the Taxpayer Bill of Rights, or TABOR, which restricted the state's budget
from growing faster than the rate of inflation and population growth, and
required the state to return any excess revenue to taxpayers. The measure
worked painlessly throughout the economic boom of the 90s, during which
the state's population grew 30 percent. But when the recession came in
2001, TABOR restrictions helped plunge the state into a fiscal morass from
which it has been unable to extricate itself.
Hoping to change that, the state's Republican governor, Bill Owens,
teamed up with the Democrats who control the state Legislature in drafting
a constitutional amendment to suspend TABOR for five years and allow the
state to refill its coffers. Members of Owens' own party were incensed
by the move, but last week the governor got his wish: the state's voters
approved the TABOR-reform measure, Referendum C, with about 52 percent
of the vote.
Owens didn't get everything he wanted, however; voters narrowly rejected
another measure he and the Democrats had crafted, Referendum D, which would
have allowed the state to borrow $2.1 billion for transportation and school
construction projects. Still, the governor was elated, telling a crowd
of cheering supporters, "Once again, the voters of Colorado showed they're
in charge and voted for the future of the state of Colorado."
The disappointment of the TABOR amendment's author, Douglas Bruce, was
even more pronounced. "We gave the people of Colorado 13 years of freedom
and the ability to hold politicians accountable," he said. "They'll have
to accept the consequences of voting themselves back into slavery." Another
key opponent of Referendum C, Jon Caldara, said the result of the election
wasn't a real shock, given the resources that backers of the measure had
at their disposal, including $7.5 million, nearly four times as much money
as the anti-C and D forces had collected. "When you have the entire political
machinery and special interests set up against the taxpayers, it's not
a surprise they'll win," Caldara said.
But Owens' 50-percent victory was also no mean feat. A poll in mid-July
showed voters split almost evenly on Referendum C, with 43 percent in favor
and 42 percent opposed. And supporters actually managed to convince voters
to give up $3.7 billion in tax refunds over the next five years.
CALIFORNIA Gov. Arnold Schwarzenegger (R) is having a tougher time selling
his reform proposals to voters in the Golden State. All four of the ballot
measures the governor supports, which are generally aimed at curbing the
Democrats' power over state government, are trailing in the polls. The
proposals include: Proposition 74, which would lengthen the amount of time
required for public school teachers to become tenured; Proposition 75,
which would require public employee unions to obtain written permission
from members before using dues for political purposes, Proposition 76,
a TABOR-inspired budget growth cap; and Proposition 77, which would take
redistricting authority away from lawmakers and turn it over to a nonpartisan
commission. "The story is not a good one for the governor," said Mark DiCamillo,
director of the Field Poll. "There seems to be a common thread across all
the propositions: If Arnold Schwarzenegger has endorsed it, Democrats and
nonpartisans are reacting negatively."
The governor has taken a beating in TV ads his opponents -- the state's
powerful public employee unions -- have spent millions on, helping to push
the total price tag for the off-year election to $300 million. The California
Teachers Association alone has spent over $56 million. "We had no choice
but to get involved," said the association's president Barbara Kerr. "Three
of the initiatives -- Prop. 74, Prop. 75 and Prop. 76 -- go straight to
our members, public education and our students."
However, Schwarzenegger is no slouch when it comes to fundraising either;
groups closely tied to the governor have raised about $49 million. And
administration officials say their internal polling indicates the race
is much closer on the governor's initiatives than the public polls show.
They say the outcome will likely come down to voter turnout on election
day.
Money has also been a major factor in a Golden State initiative battle
over discount prescription drugs. The pharmaceutical industry has raised
more than $80 million to defeat Prop. 79 -- a measure sponsored by consumer
groups that would require drug companies to provide discount drugs for
uninsured Californians --and generate support for its own Prop. 78, which
would establish a voluntary drug discount program. A Field Poll released
last week indicated that both measures may fail, which would be an outcome
drug companies probably wouldn't lose any sleep over.
The Field Poll also showed that another controversial California initiative
-- Prop. 73, which would require parental notification before girls 17
and younger could receive an abortion -- was also trailing, 49 percent
to 41 percent. DiCamillo said, "Voters are very emotional on both sides
of this issue," and that the measure will be more affected than any other
by voter turnout.
Social issues will be on the ballot in a couple of other states as well.
TEXAS voters are expected to approve a proposed constitutional ban on same-sex
marriages. Gay marriage is already prohibited by Texas law, but supporters
of the amendment want to safeguard that restriction against court challenges.
In MAINE, conservatives are hoping to overturn a new law that expanded
the state's human rights act to protect gays and lesbians.
Meanwhile, in OHIO, last year's wrangling over the 2004 presidential
election has set up a partisan showdown that is the reverse of California's,
with the Democratic minority seeking to reform the Republican-dominated
political process. Among the more contentious measures are Issue 4, which
would turn redistricting over to a nonpartisan commission, and Issue 5,
which would take the job of overseeing elections away from the secretary
of state and give it to an independent board.
Voters in NEW YORK will go to the polls to settle a spat between Gov.
George Pataki (R) and the state Legislature over control of the state budget
process. Proposal One would shift the start of the fiscal year from April
1 to May 1 and mandate that if a new budget isn't in place by that date,
the previous year's budget would remain in effect. The real point of controversy
over the measure is that after May 1, the Legislature would be given the
authority to write its own budget instead of simply reacting to the governor's
plan. Proponents contend the measure would finally end the state's decades-old
problem of late budgets. But opponents argue that it would take away the
Legislature's incentive to negotiate with the governor and ultimately grant
lawmakers total control over the budget process. Pataki's recent comments
on Proposal One have been a bit more alarmist. "It is the most dangerous
proposal I believe in almost 50 years to face the ballot," he said, adding
that the measure would be a "financial nightmare for New York state."
In the state of WASHINGTON, doctors and lawyers are waging an expensive
ballot fight over medical malpractice reform. Doctors are backing Measure
330, which would cap jury awards and attorneys' fees in malpractice lawsuits,
while lawyers are supporting Measure 336, which would create a state-run
supplemental malpractice insurance program, as well as revoke the licenses
of doctors found guilty of malpractice three times in 10 years.
The other state taking up ballot measures is NEW JERSEY, which will
decide whether to create the office of Lieutenant Governor. Although that
proposal was spurred by controversy -- the resignation of Gov. James McGreevey
over a sex scandal and the subsequent installation of Senate President
Richard Codey (D) as acting governor while continuing to serve as leader
of the Senate -- it doesn't appear to be quite as divisive an issue as
some of the others under consideration. In fact, according to three Quinnipiac
University polls taken as recently as January of this year, 73 to 74 percent
of voters considered adding the lieutenant governor's office a "good idea."
(KANSAS CITY STAR, CBS NEWS, DENVER POST, ROCKY MOUNTAIN NEWS [DENVER],
INITIATIVE & REFERENDUM INSTITUTE/BALLOTWATCH, SAN FRANCISCO CHRONICLE,
TOLEDO BLADE, DEMOCRAT AND CHRONICLE [ALBANY], SYRACUSE POST-STANDARD,
ASSOCIATED PRESS, BOSTON GLOBE, STATELINE.ORG)
-- Compiled by KOREY CLARK
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Across
state lines
Some
states better to work in than others
Workers looking for the best environment to ply their trade should focus
on the East Coast and the Midwest while avoiding the South, according to
a recent study conducted by the Political Economy Research Institute (PERI)
at the University of MASSACHUSETTS.
That report scores each state and the District of Columbia from 0-100
in each of three categories -- the type and number of full-time job opportunities,
job quality (based on each state's available wages and benefits) and workplace
fairness. The final category is gauged in terms of the proportion of the
state's number of very low-wage workers (defined as those earning less
than 50 percent of the national average wage), the degree of pay equity
between genders and each state's regulatory environment regarding issues
like unionization and "right-to-work" statutes. Those three scores are
then averaged to produce a final Workplace Environment Index (WEI).
Based on the PERI study, DELAWARE offers the best relative work environment
in the United States, with an average WEI of 89. The First State is followed
by NEW HAMPSHIRE (81) and MINNESOTA (80), the only states with scores in
the 80s. The other end of that spectrum is dominated by states in the South,
Southwest and West, with LOUISIANA (31), TEXAS (33), ARKANSAS (34), UTAH
(36), MISSISSIPPI (36), SOUTH CAROLINA (36), ARIZONA (37), NEW MEXICO (39),
ALABAMA (40) and NEVADA (41) comprising the bottom 10 WEI scores.
The accompanying chart shows the WEI score for each state and D.C. To
view the full PERI report, please visit the group's Web site at http://www.umass.edu/peri/resources/wei/summary.htm.
-- Compiled by RICH EHISEN
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The
Week in Session
States in Regular
Session: DC, MA, MI, NJ, NY, OH, PA, US, WI
States in Veto Session:
IL
States in Special Session:
DE "b", LA "a", PA "a"
States in Recess: CA,
NH
Special Sessions in Recess:
CA "a", DE "a", OK "a"
States in Special Session
Projected to Adjourn: CT "a", CT "b"
States Adjourned in 2005:
AK, AL, AR, AZ, CO, CT, DE, FL, GA, HI, IA, ID, IN, KS, KY, LA, MD, ME,
MN, MO, MS, MT, NC, ND, NE, NM, NV, OK, OR, RI, SC, SD, TN, TX, UT, VA,
VT, WA, WV, WY
States in Special Session
Adjourned in 2005: AK "a", AL "a", CT "a", CT "b", GA "a", KS "a",
ME "a", ME "b", MN "a", MO "a", MS "a", MS "b", MS "c", MS "d", MS "e",
NM "a", NV "a", SD "a", TX "a", TX "b", UT "a", VT "a", WI "a", WV "a",
WV "b", WV "c", WV "d"
Letters
indicate special/extraordinary sessions
Compiled
By JAMES ROSS| Data current as of 11/04/05 | Source: State
Net database
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Budget & taxes
MA HEALTHCARE BILL WOULD TAX EMPLOYERS:
The MASSACHUSETTS House overwhelmingly endorsed a sweeping healthcare
bill that would use a new payroll tax to help fund healthcare coverage
for most of the state's 500,000 uninsured residents within three years.
The plan, which now heads to the Senate, would also expand the Bay State's
Medicaid coverage and require those who can afford it to buy health care
coverage on their own. In addition to revenue from the payroll tax, the
House plan relies on $255 million annually from the Bay State's tobacco
settlement fund. If approved by the Senate and Gov. Mitt Romney (R), the
plan would levy a 5 percent payroll tax on companies with 11 to 100 employees
and a 7 percent tax on businesses with 100 or more workers. Part-time workers
would count as full-time workers in the calculation, and companies with
10 or fewer workers would be exempt. A business could deduct its healthcare
costs from the tax, and that business would be exempt from paying the tax
if its health insurance costs exceeded the amount of tax it would owe.
House leaders claimed that in most cases, employers who provide health
insurance would not have to contribute any money. That was not much of
a salve for either Romney or Senate President Robert E. Travaglini (D),
both of whom expressed significant concern about taxing employers to pay
for the plan. Romney held a statehouse press conference to voice his opinion,
saying that "We do not need and should not add an additional burden on
businesses in Massachusetts. If we add to that burden an additional cost...we'd
be going in the wrong direction, and it would harm job creation in the
Commonwealth." He also tossed a few jabs at the House leaders for taking
so long to get a plan together, citing that both the Senate and his administration
had put together reform packages during the spring. Time is a factor in
whatever plan the state adopts, as it is required to make progress in insuring
more of its residents in order to be eligible for next year's $385 million
federal Medicaid payment. (BOSTON GLOBE)
BUDGETS IN BRIEF: LOUISIANA lawmakers
convened in special session (Nov. 6) to address numerous issues related
to Hurricanes Katrina and Rita, including the nearly $1 billion hole the
storms opened in the Pelican State budget. The session is scheduled to
run until Nov. 22 (TIMES-PICAYUNE [NEW ORLEANS]). * MISSISSIPPI's Department
of Finance and Administration reported last week that state revenue collections
for the month of October were $23 million above budget estimates. The windfall
has made state officials cautiously optimistic that Katrina and Rita did
not do as much damage to the budget as they'd feared (CLARION-LEDGER [JACKSON]).
* The President's Advisory Panel on Federal Tax Reform submitted its report
to U.S. Treasury Secretary John Snow last Tuesday. As portended last month
(see BIG TAX CHANGES AHEAD? in Oct. 24 State Net Capitol Journal), the
panel's recommendations for simplifying the federal income tax code included
eliminating the federal deduction for state and local taxes and curtailing
tax breaks for mortgage interest and employer-provided health benefits
(OREGONIAN [PORTLAND]). * GEORGIA's sales tax on gasoline will be increased
by about 2 cents -- from 7.5 cents per gallon to 9.67 cents per gallon
-- on Dec. 1 to reflect the 25 percent rise in market prices. State officials
say the tax will probably drop back down in January, since pump prices
have been falling in recent weeks (ATLANTA JOURNAL-CONSTITUTION). * Last
week, a federal judge posed the idea of jailing ARIZONA Democratic Gov.
Janet Napolitano and Republican legislative leaders for failing to comply
with a court order issued in 2000 requiring the state to adequately fund
education for non-English-speaking immigrant students. The provocative
suggestion came during questioning of attorneys in a lawsuit seeking to
freeze $500 million in federal highway funding until the English-learner
issue is resolved (ARIZONA REPUBLIC [PHOENIX].
-- Compiled by RICH EHISEN & KOREY CLARK
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Politics &
leadership
PA LAWMAKERS BACK OFF ON PAY HIKE:
A flood of public backlash prompted PENNSYLVANIA lawmakers last
week to rescind pay raises they granted to themselves, cabinet members
and the state judiciary last July. Both chambers passed bills that cancel
the hikes, but a key difference between the two could not be worked out
before lawmakers adjourned for a two week recess. That difference, however,
could be a deal breaker. The Senate measure would repeal the raises for
legislators even if the judiciary is able to file a successful lawsuit
that restores its pay increases. The House version, however, says that
if the judges get their pay hikes, so does everybody else. In either case,
the turnaround was shocking in its rapid demise. As late as two days before
adjourning, senators were still working on a deal that would have repealed
only a portion of the raises. But ongoing public outcry, including multiple
lawsuits that challenged the hikes, convinced lawmakers to give up the
ghost. "If you try something for four months and it isn't working, you
try something else," said Drew Compton, an aide to Senate President Pro
tem Robert Jubelirer (R). The Legislature returns to settle the issue for
good on Nov. 14 (PITTSBURGH POST-GAZETTE)
POLITICS IN BRIEF: Seeking to avoid
a fourth veto of voter ID legislation by Democratic Gov. Jim Doyle, WISCONSIN's
GOP-controlled Assembly passed a constitutional amendment (AJR 36) that
would take the issue directly to the voters. The bill now heads to the
Senate, where Republicans also hold sway. But it must be approved by both
houses again next year before it can be placed on the state ballot (MILWAUKEE
JOURNAL SENTINEL). * FLORIDA's top election official, Secretary of State
Glenda Hood (R), resigned last week. Hood was appointed by Gov. Jeb Bush
(R) in 2002 to help restore confidence in the state's electoral system,
which came under fire after the 2000 presidential race (ASSOCIATED PRESS,
ABC NEWS). * MICHIGAN's Court of Appeals ruled last week that the state
elections board must allow a constitutional amendment that would end affirmative
action programs at universities and government agencies to be placed on
next year's statewide election ballot. The four-person elections board,
consisting of two Democrats and two Republicans, had deadlocked over whether
to certify petitions submitted to qualify the proposal (ASSOCIATED PRESS,
DETROIT FREE PRESS, DETROIT NEWS). * VERMONT Republicans adopted a new
rule last month barring a candidate who loses a GOP primary but runs in
the general election under a different party label from running as a Republican
again for three elections. Secretary of State Deborah Markowitz said the
"sore losers" rule may run afoul of Green Mountain State election law,
which mandates that any candidate who submits a petition signed by 500
voters is eligible to run (RUTLAND HERALD). * NEW HAMPSHIRE lawmakers are
considering a bill to amend the state's Right-to-Know Law to address loopholes
that allow government officials to conduct business away from the public's
view using electronic means, such as e-mail and teleconferencing. The measure,
introduced by Rep. John Thomas (R), will not likely be voted on until next
year (ASSOCIATED PRESS, CONCORD MONITOR).
-- Compiled by RICH EHISEN & KOREY CLARK
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Governors
OWENS' BIG WIN COULD ALSO MEAN BIG
LOSS: COLORADO Gov. Bill Owens' (R) big win with Referendum
C last week (see SNCJ Spotlight in this issue) certainly cemented his Centennial
State legacy, but it may have also irreparably damaged any national political
ambitions he may hold. Owens, long rumored to be interested in a run at
the White House in 2008, campaigned hard in support of Referendum C, which
temporarily lifts the state's strict TABOR statute, the nation's toughest
limit on state spending. That victory allows state lawmakers to hold on
to an anticipated $3.7 billion in tax revenue they would otherwise have
been required to refund to taxpayers. But C also served as a massive wedge
between Owens and his fellow Republicans, many of whom took verbal shots
at him after the vote. One, House Minority Leader Joe Stengel (R), accused
Owens of turning Colorado into "a blue state," adding that, "with the governor
standing shoulder to shoulder with his Democratic friends, I think we probably
are going to have a tough time regaining the House or the Senate. The performance
shows clearly that we have moved towards the left." While some observers
opined that Owens' actions might energize the moderate wing of the Colorado
GOP, anti-tax advocate Grover Norquist, president of the Washington D.C.-based
Americans for Tax Reform, said Owens' support of Referendum C would finish
him politically. "There is no moderate Republican who wants higher taxes
and spending. This does not exist in the world," Norquist said. But other
state Republicans came to Owens' defense. Sean Tonner, a former Owens campaign
manager, noted that the governor faced similar criticism during his first
term when he supported an initiative requiring background checks at gun
shows. Owens, however, won re-election in 2002 by the largest margin in
state history. Another Republican, Sen. Norma Anderson, said Owens "did
the right thing" by supporting Referendum C and predicted Owens will survive
politically "because he has a long record of being a conservative." Anderson
added that "the far right does not understand the people of Colorado. The
people in this state are very pragmatic." (DENVER POST, ROCKY MOUNTAIN
NEWS)
SCHWARZENEGGER: "I'LL BE BACK" The
polls look anything but good for CALIFORNIA Gov. Arnold Schwarzenegger
(R) heading into the Nov. 8 special election he called to let voters weigh
in on his "Year of Reform" agenda, but nobody can ever say he lost his
optimism. Although most polls last week showed that all four of his pet
ballot measures (Propositions 74, 75, 76 and 77) were badly lagging in
support -- and that he is trailing virtually every Democrat that might
oppose him in his bid for re-election in 2006 -- the "Govenator" said last
week while on the campaign trail that he has only begun to take his ideas
to the voters. "Everything you see in this reform thing -- never look at
it like this is all we need," he said. "I could have put 15 more ideas
on the ballot, but people are already saying we are doing too much." Schwarzenegger
aides have also said he will pursue major building plans next year, along
with an effort to increase funding for children's health insurance, campaign
finance reform and other programs traditionally advanced more often by
Democrats than Republicans. (LOS ANGELES TIMES, SACRAMENTO BEE)
BLANCO WANTS STATE TO RUN ORLEANS SCHOOLS:
LOUISIANA Gov. Kathleen Blanco (D) said last week that she supports legislation
that would place most New Orleans public schools under state control. Blanco
made her comments as she called the Pelican State Legislature in for a
17-day special session to deal with the state's recovery issues in the
aftermath of Hurricane Katrina. The Orleans Parish School Board was facing
intense criticism even before Katrina hit as 91 of its 127 schools were
performing under the state average. New Orleans Mayor Ray Nagin has publicly
advocated for bypassing the board and re-opening those schools as charter
schools rather than as public institutions. The board recently approved
20 such charters, but Blanco and lawmakers seem poised to increase that
number dramatically. "I'm determined to seize this opportunity to start
anew," Blanco said. "I propose that the state step in and assume responsibility
for that city's failing schools, using, among other things, the charter
school model as one of our recovery efforts." (TIMES-PICAYUNE [NEW ORLEANS])
GOVERNORS IN BRIEF: A SurveyUSA
poll released last week showed that 53 percent of ILLINOIS voters disapprove
of the job performance of Gov. Rod Blagojevich (D). The poll came out as
federal investigators widened their investigation into alleged hiring improprieties
in the state Dept. of Transportation (CHICAGO TRIBUNE, NORTHWEST INDIANA
TIMES [MUNSTER]). * Still in ILLINOIS, Blagojevich said he will join two
other governors, Ed Rendell of PENNSYLVANIA (D) and M. Jodi Rell (R) of
CONNECTICUT, in suing the federal government in an effort to stop military
base closures in their states (STATELINE.ORG). * Another SurveyUSA poll,
this one in INDIANA, showed that 50 percent of Hoosier State voters disapprove
of the job Gov. Mitch Daniels (R) is doing. The poll indicated that 44
percent approve of his work while 6 percent are not sure (NORTHWEST INDIANA
TIMES [MUNSTER]). * On the flip side, a new survey in NEW HAMPSHIRE shows
that 71 percent of voters approve of the job performance of Gov. John Lynch
(D). Only 9 percent said they disapprove of Lynch (FOSTER'S DAILY DEMOCRAT
[DOVER]). * VIRGINIA Democratic gubernatorial candidate Time Kaine pulled
an endorsement from NEW MEXICO Gov. Bill Richardson (D) off a blog site
after the host blogger derided an African-American candidate in another
race as a "Sambo." Richardson's endorsement had been placed next to a story
critical of MARYLAND Lt. Gov. Michael Steele, who is considering running
for the Senate (ALBUQUERQUE TRIBUNE). * The VIRGINIA governor's race is
now officially the most expensive in state history, with Kaine ($18.7 million),
GOP candidate Jerry Kilgore (over $22 million) and independent candidate
Russ Potts ($1.3 million) combining to top $42 million in overall spending
(USA TODAY) * WASHINGTON Gov. Christine Gregoire (D) appealed in a letter
to Agriculture Sect. Mike Johanns for greater state control to limit development
in national forests. Gregoire asked for states to be granted the power
to return to the Clinton-era "roadless rules," which banned development
on 58 million acres of national forests. OREGON, CALIFORNIA and NEW MEXICO
have filed suit over the Bush administration's changes to that policy.
Gregoire is considering whether to have the Evergreen State join that suit
(SEATTLE POST-INTELLIGENCER). * ARKANSAS Gov. Mike Huckabee (R) and First
Lady Janet Huckabee completed the U.S. Marine Corps Marathon last week.
It was their second marathon since he adopted a healthy lifestyle campaign
that has seen him lose 110 pounds in two years (ARKANSAS DEMOCRAT-GAZETTE
[LITTLE ROCK]).
-- Compiled by RICH EHISEN
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Hot issues
BUSINESS: Agriculture officials
in WISCONSIN implement new regulations that require anyone who boards livestock
to register the premises where animals are kept. The regulations cover
most animal and fowl operations, including those which house llamas, deer,
pheasants and ostriches as well as cattle, sheep, turkeys and chickens.
Officials say the new rules will help them respond faster to animal disease
outbreaks (BOSTON GLOBE). * A FLORIDA court says the state does not have
the authority to implement new regulations which limit jackpots in poker
games at Sunshine State card rooms. The state is considering an appeal
(ST. PETERSBURG TIMES). * A federal court rules that out-of-state wineries
can legally ship their product directly to MICHIGAN consumers. Since 1985,
only in-state wineries have been able to ship directly to Wolverine State
residents. The state is weighing an appeal (DETROIT NEWS). * The WISCONSIN
Senate rejects legislation that would have allowed Badger State rent-to-own
companies to repossess rented items without first obtaining a court order.
The measure would also have exempted those companies from posting their
annual interest rate on rentals (JANESVILLE GAZETTE).
CRIME & PUNISHMENT: An IOWA
court upholds an executive order from Gov. Tom Vilsack (D) that restores
voting rights to all convicted Hawkeye State felons who have served their
prison sentences (DES MOINES REGISTER). * Voting rights are also the issue
in NEW JERSEY, where a state court upholds a law that denies voting privileges
to people on probation or parole. The law was challenged by minority advocates
who claim the statute unconstitutionally discriminates against African-Americans
and Hispanics. Garden State law does allow parolees and those on probation
to re-register to vote once their sentence is completed (STAR-LEDGER [NEWARK]).*
WISCONSIN corrections officials announce they will soon add offenders'
addresses to the state's sex offender Web site. The addresses will begin
appearing by Dec. 1 (WAUSAU DAILY HERALD). * Citing the First Amendment,
the FLORIDA Supreme Court rejects a proposal to allow judges to ban television
and still pictures of jurors' and prospective jurors' faces without holding
hearings (ST. PETERSBURG TIMES).
EDUCATION: The 9th U.S. Circuit
Court of Appeals in CALIFORNIA rules that parents have no legal right to
be the exclusive provider of sexual education to their children. The ruling
came in response to a group of Golden State parents who sued a local school
district for having first through third grade public school students take
a survey that included questions about sex (SAN DIEGO UNION TRIBUNE). *
Still in CALIFORNIA, a court orders the state to void the credentials of
4,000 public school teachers it says were wrongly identified as being "highly
qualified" under the federal No Child Left Behind law. The court said the
state's credentialing commission did not properly follow state guidelines
in issuing those credentials (LOS ANGLES TIMES). * TEXAS Gov. Rick Perry
(R) orders Lone Star State education officials to distribute $10 million
in federal funds among 100 schools with high numbers of poor students that
show marked improvement on state tests. The money will be split among teachers
as bonuses. Perry earlier this year issued an executive order requiring
all school districts to spend at least 65 percent of their funding on classroom
instruction (DALLAS MORNING NEWS, AUSTIN STATESMAN-AMERICAN).
ENVIRONMENT: The VERMONT Legislature
formally adopts CALIFORNIA's stringent new automotive emissions standards
designed to reduce greenhouse gases and improve fuel economy. The First
State becomes the initial Northeastern state to adopt the California regulations,
which will go into effect for 2009 model year vehicles. NEW YORK, MAINE,
MASSACHUSETTS, CONNECTICUT and RHODE ISLAND are also expected to adopt
the new standards (BOSTON GLOBE).
HEALTH & SCIENCE: ARIZONA Gov.
Janet Napolitano (D) issues an executive order requiring the Grand Canyon
State's health care program for the poor to make all state residents eligible
for its prescription drug discount program. Napolitano said the costs will
be borne by whatever private company is selected to offer the discounts
(ARIZONA REPUBLIC [PHOENIX]). * The MASSACHUSETTS House overwhelmingly
approves legislation that would use a new payroll tax to help fund health
coverage for 95 percent of the Bay State's estimated 500,000 uninsured
residents (Visit Budget & Taxes in this issue for more details). The
measure, which also mandates that people buy their own coverage if they
can afford it, now heads to the Senate (Boston Globe). * WISCONSIN Gov.
Jim Doyle (D) vetoes legislation that would have banned human cloning in
embryonic stem cell research. Doyle said the proposal would criminalize
research already underway in the Badger State (JANESVILLE GAZETTE).
HOMELAND SECURITY: A group
of volunteers known as the Minuteman Civil Defense Corps stops patrolling
the NEW MEXICO-Mexico border. The group reported approximately 20 illegal
immigrants to federal agents during their month of patrols (SANTA FE NEW
MEXICAN). * ARIZONA Gov. Janet Napolitano (D) orders state contractors
to guarantee their employees are not illegal immigrants. Napolitano's order
also allows state officials to inspect employment eligibility records to
assure the rule is being followed. The Pew Hispanic Center estimates that
10 percent of all workers in the Arizona economy are undocumented immigrants
(ARIZONA REPUBLIC [PHOENIX]).
SOCIAL POLICY: The ALASKA Supreme
Court unanimously rules that it is unconstitutional for the Last Frontier
State to deny health benefits to the same-sex partners of public employees.
Gov. Frank Murkowski (R) has vowed to lead a campaign to change the state's
constitution to counteract the ruling (JUNEAU EMPIRE). * A MICHIGAN court
stays a lower court ruling that allows governments and public universities
to provide health benefits to their worker's same-sex partners until it
has had a chance to hear the case itself. The lower court's ruling was
challenged by the state attorney general, who says it violates tenets of
Michigan's new law banning gay marriage (ASSOCIATED PRESS). * The WISCONSIN
House endorses AB 175, which would change state law to allow only a custodial
parent or legal guardian to give consent for a minor to obtain an abortion.
The current law enables any adult family member or foster parent to grant
consent. The measure heads to the Senate (JANESVILLE GAZETTE).
POTPOURRI: The ILLINOIS Senate overrides
a veto from Gov. Rod Blagojevich (D) of a law that lowers the legal age
to get a tattoo in the Prairie State to 18. That leaves SOUTH CAROLINA
as the only state to require a person under the age of 21 who is seeking
a tattoo to have parental consent beforehand. The law goes into effect
on Jan. 1 (CHICAGO TRIBUNE). * The MASSACHUSETTS Legislature approves a
bill that would extend death benefits to the families of volunteer firefighters
that die in the line of duty. The measure now moves to Gov. Mitt Romney
(R) for review (BOSTON GLOBE).
-- Compiled by RICH EHISEN
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UPCOMING
ELECTIONS
(11/03/2005 - 11/24/2005)
11/08/2005
California Special Election
Ballot
Measures
11/08/2005 Georgia
Special Election
House
121
11/08/2005 Maine
Special Election
Ballot
Measures
11/08/2005 Mississippi
Special Election
House
096
11/08/2005 Missouri
Special Election
House
094, 150
Senate
029
11/08/2005 New Jersey
General Election
Assembly
(All)
Ballot
Measures
Governor
11/08/2005 New York
Special Election
Ballot
Measures
11/08/2005 Ohio
Special Election
Ballot
Measures
11/08/2005 Oklahoma
Special General
Senate
048
11/08/2005 Tennessee
Special Election
House
022
11/08/2005 Texas
Special Election
House
143
Ballot
Measures
11/08/2005 Washington
General Election
Ballot
Measures
11/08/2005 Virginia
General Election
House
(All)
Governor
11/14/2005 Connecticut
Special Election
Senate
023
11/22/2005 Minnesota
Special Election
Senate
043, 019
11/22/2005 Mississippi
runoff if needed
House
96
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OF PAGE
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Once
around the statehouse lightly
BAD CALLS: The folks in
TEXAS were ecstatic (for a week or so), while their brethren in MISSOURI
were frustrated. The event: baseball's National League Playoffs, where
the Houston Astros defeated the St. Louis Cardinals to advance to the World
Series. Now, reports the Jefferson City News Tribune, at least one Show
Me state lawmaker wants to stick it to major league umpires but denies
that he is motivated by bad calls during the playoffs. Democrat Jeff Roorda,
a Barnhart representative, wants to tax umpires (and referees) for what
they earn in Missouri. Currently, athletes and entertainers are taxed,
Roorda reasons, so why not umps - especially when they, as much as
players, determine the outcome of games? He'll introduce a bill in December:
The Sour Grapes Act of 2006.
MITCHELL THE LIONHEART: When kids
rang the bell at this particular INDIANA home on Halloween, the door was
answered by the resident nightmare -- dressed in an orange jumpsuit, painted-on
whiskers, a furry orange wig and bearing a slightly askew potbelly. He
was supposed to be gussied up as the Cowardly Lion from "The Wizard of
Oz," but kids didn't care. They were more interested in the candy that
Gov. Mitchell Daniels was shoveling into their trick-or-treat bags. As
the Indianapolis Star notes, the governor also passed out less-than-popular
jump ropes.
JOB SEARCH: Need a new employee
to fill a sudden vacancy? Careful who you approach for the job, especially
in WYOMING. As The Associated Press reports, it could be illegal to offer
that position to a sheepherder if a bill sponsored by the Wyoming Woolgrowers
Association becomes law. A minimum $10,000 fine would be the penalty. Do
woolgrowers have something against their employees getting higher-paying
jobs? No, an association spokesman says. But an entire herd could be lost
if its caretaker suddenly walks off the job. So, the proposed law only
applies to those who lure sheepherders away on the open range.
ALICE IN POLITICSLAND: If Lewis
Carroll were still alive, he likely could have been credited with writing
Proposition 77 -- the redistricting initiative on the ballot this week
in CALIFORNIA'S special election. According to the Sacramento Bee, the
measure requires voters to approve new districts in a subsequent ballot.
But because of the timing of the initiative, new districts would be drawn
-- and in use -- before voters had the chance to approve them. That, say
critics, creates a scenario whereby voters would elect lawmakers to represent
districts that are simultaneously rejected. Hoo boy.
BAD DAY AT THE OFFICE: No other
way to explain the vigilante justice recently visited on a 29-year-old
WISCONSIN man. As noted in the Milwaukee Journal Sentinel, the man tried
to rob a pedestrian. But before he could flee with the cash, he was accidentally
run over by an accomplice driving the getaway car. After his buddy sped
off without him, the robber tried to limp away only to be run over by a
second car police believe was driven by a friend of the victim. The felon
then pulled a pistol to defend himself, but accidentally shot himself in
the leg. The robber was in a local hospital but expected to survive. Question:
Has he already paid the penalty for his attempted robbery?
WHY DO THEY KEEP WRITING THIS WAY? Voters
in TEXAS this week must decide the fate of Proposition 2, which was designed
to ban same-sex marriage. But as the Austin American-Statesman points out,
the measure's clumsy wording could outlaw all marriages. Prop. 2's second
sentence reads: "This state...may not create or recognize any legal status
identical or similar to marriage." At least one critic thinks anything
"identical" to marriage could mean marriage itself. The lawyer who helped
write the proposal thinks anyone who reached that conclusion likely had
a lobotomy. Final arbiter: the Texas courts.
-- By A.G. BLOCK
TOP OF PAGE
In
The Hopper
State Net tracks
tens of thousands of bills in all 50 states and Congress at any given time.
Here's a snapshot of what's in the legislative works:
Number of 2005 prefiles
last week: 158
Number of 2005 Intros
last week: 499
Number of bills enacted/adopted
last week: 114
Number of 2005 prefiles
to date: 36,502
Number of 2005 Intros
to date: 161,242
Number of enacted/adopted
overall in 2005: 39,611
Compiled
By JAMES ROSS | Data current as of 11/03/05 | Source: State Net database
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PAGE
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In case you missed
it: Intelligent Design
In recent years,
many opponents of evolution have been pressuring school boards across the
country to require teaching the theory of intelligent design -- the concept
that life is to complex to have developed without the help of an intelligent
creator --alongside Darwin's theory in science class. Supporters say ID
is based on legitimate science; many teachers and scientists complain it
is a back-door way to force religion into the classroom.
In case you missed it, the
full story can be viewed on our Web site at www.statenet.com
(See the Sept. 26 issue in the archives under the Resources tab)
TOP OF
PAGE
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Editor: Rich
Ehisen
Associate Editor: Korey
Clark
Contributing Editor: A.G.
Block
Editorial Advisor: Lou Cannon
Correspondents: Richard Cox (CA),
Steve Karas (CA),
Bruce McKeeman (CA), Linda Mendenhall (IL),
Lauren King (MA) and Ben Livingood (PA)
Design: Richard Hansen, Heather
Conway
Copyright 2005 State Net
ISSN: 1521-8449
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