State Net ************************************************** C A P I T O L J O U R N A L ************************************************** News & Views from the 50 States ================================================================= Volume XIII, No. 37 Monday, November 7, 2005 ================================================================= ##### TOP OF THE NEWS ##### SNCJ SPOTLIGHT .............................1 * Voters settle states' political disputes BUDGET & POLITICS .............................2 * MA healthcare bill would tax employers POLITICS & LEADERSHIP .............................3 * PA lawmakers back off on pay hike GOVERNORS .............................4 * Owens' big win could also mean big loss ACROSS STATE LINES .............................5 IN THE HOPPER ............................6 HOT ISSUES ............................7 ELECTIONS ............................8 ONCE AROUND THE STATEHOUSE LIGHTLY .............................9 IN CASE YOU MISSED IT ............................. 10 ***************************************************************** "Don't let anyone tell you these politicians did this for good government reasons. They did this because they are fearing for their political lives." Gene Stilp, a PENNSYLVANIA lawyer who filed a lawsuit seeking to stop state lawmakers from giving themselves large pay hikes, after they rescinded those raises. (Pittsburgh Post-Gazette) ***************************************************************** ***** #1--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 ***************************************************************** ***** #2--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 ***************************************************************** ***** #3--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 ***************************************************************** ***** #4--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 ***************************************************************** ***** #5--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. ----------------------------------------------------------------- | State work environment index | ----------------------------------------------------------------- | | | Average | Job | Job | Workplace | |State | Rank | Score | Opportunities| Quality | Fairness | ----------------------------------------------------------------- | DE | 1 | 89 | 85.2 | 89.6 | 93.2 | | NH | 2 | 81 | 89.8 | 77.6 | 74.1 | | MN | 3 | 80 | 62.0 | 100.0 | 79.4 | | VT | 4 | 77 | 85.9 | 46.0 | 100.0 | | IA | 5 | 73 | 78.5 | 82.0 | 57.3 | | CT | 6 | 72 | 49.3 | 87.1 | 79.3 | | IN | 7 | 71 | 61.0 | 72.0 | 80.0 | | NE | 8 | 71 | 83.3 | 68.1 | 61.0 | | WI | 9 | 71 | 56.2 | 76.6 | 81.7 | | SD | 10 | 70 | 94.4 | 54.2 | 60.8 | | ND | 11 | 69 | 100.0 | 64.0 | 42.2 | | ME | 12 | 68 | 64.7 | 49.1 | 91.7 | | PA | 13 | 68 | 56.8 | 74.3 | 74.1 | | RI | 14 | 68 | 55.4 | 58.3 | 90.4 | | NJ | 15 | 67 | 61.3 | 70.5 | 70.4 | | KY | 16 | 66 | 65.5 | 67.2 | 66.6 | | MO | 17 | 66 | 48.9 | 85.2 | 63.8 | | HI | 18 | 65 | 80.5 | 48.2 | 65.0 | | MA | 19 | 65 | 60.7 | 52.4 | 82.5 | | MD | 20 | 63 | 80.0 | 40.0 | 69.7 | | AK | 21 | 60 | 37.1 | 47.8 | 94.9 | | WA | 22 | 60 | 21.6 | 70.5 | 88.9 | | IL | 23 | 58 | 35.8 | 64.4 | 75.0 | | MI | 24 | 56 | 3.7 | 89.6 | 73.4 | | OH | 25 | 56 | 33.3 | 71.5 | 63.5 | | VA | 26 | 54 | 80.8 | 62.7 | 19.8 | | CO | 27 | 53 | 57.3 | 48.9 | 53.6 | | KS | 28 | 53 | 51.3 | 74.6 | 32.4 | | MT | 29 | 53 | 62.9 | 27.9 | 68.1 | | TN | 30 | 53 | 67.8 | 55.9 | 34.5 | | ID | 31 | 52 | 71.3 | 43.7 | 40.3 | | WY | 32 | 52 | 91.5 | 37.3 | 26.0 | | CA | 33 | 51 | 27.6 | 38.9 | 85.8 | | DC | 34 | 49 | 10.0 | 48.4 | 88.0 | | GA | 35 | 49 | 65.7 | 54.4 | 28.0 | | NY | 36 | 48 | 38.3 | 37.3 | 68.1 | | OR | 37 | 48 | 0.0 | 53.0 | 90.4 | | WV | 38 | 45 | 52.3 | 40.9 | 43.3 | | OK | 39 | 43 | 58.3 | 34.1 | 37.5 | | FL | 40 | 42 | 67.2 | 23.3 | 36.3 | | NC | 41 | 42 | 45.7 | 50.2 | 30.4 | | NV | 42 | 41 | 78.1 | 27.5 | 17.3 | | AL | 43 | 40 | 52.9 | 56.4 | 9.8 | | NM | 44 | 39 | 46.3 | 0.0 | 69.5 | | AZ | 45 | 37 | 64.4 | 33.2 | 14.3 | | MS | 46 | 36 | 56.2 | 46.2 | 6.2 | | SC | 47 | 36 | 35.2 | 60.4 | 12.2 | | UT | 48 | 36 | 61.5 | 33.3 | 12.1 | | AR | 49 | 34 | 53.9 | 21.0 | 26.6 | | TX | 50 | 33 | 44.9 | 28.4 | 24.4 | | LA | 51 | 31 | 44.1 | 47.6 | 0.0 | ----------------------------------------------------------------- Source: Political Economic Research Committee, University of MASSACHUSETTS ***************************************************************** ***** #6--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 (measures current as of 11/03/2005) Source: State Net database ----------------------------------------------------------------- The week in session States in Regular Session: DC, MA, MI, NJ, NY, OH, PA, US, WI States in Veto Session: IL States in Skeleton Session: 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 Projected to Adjourn: 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" -- Compiled By JAMES ROSS (session information current as of 11/04/2005) Source: State Net database ***************************************************************** ***** #7--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 ***************************************************************** ***** #8--ELECTIONS ***** 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 ***************************************************************** ***** #9--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 ***************************************************************** ***** #10--IN CASED YOU MISSED IT ***** 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) ***************************************************************** State Net Publications """""""""""""""""""""" Editor: Rich Ehisen, e-mail: capj@statenet.com Assoc. Editor: Korey Clark, e-mail: capj@statenet.com Contributing Editor: A.G. Block, e-mail: capj@statenet.com Copyright 2005, Information for Public Affairs, Inc. ***************************************************************** To receive future issues in PDF or HTML format contact our Help Desk at 800/726-4566 or email helpdesk@statenet.com. To unsubscribe, go to http://statenet.com/unsubscribe *****************************************************************