OK, AZ immigration laws may spread to other states
 
Lawmakers in at least a dozen states are mulling whether to introduce anti-illegal immigration measures similar to those adopted this year in OKLAHOMA and ARIZONA.
 
The OKLAHOMA statute denies undocumented aliens public benefits like welfare, allows police to detain illegals and exposes employers to state fines and civil liability for employing undocumented workers instead of legal residents. GEORGIA and COLORADO had previously enacted tough immigration control policies as well, but the Sooner State is now generally considered to have the strictest such measure in the nation (see "States taking illegal immigration battle to employers" in the June 18 issue of SNCJ at http://www.statenet.com/capitol_journal/06-18-2007/html). 
 
Randy Terrill, who authored the bill (HB 1804) says he is not surprised other states are looking at playing copy-cat with his measure, particularly since it has since held up to at least one aggressive court challenge. "HB 1804 is a model bill for immigration enforcement through attrition," he says. "It's a model, not just for OKLAHOMA, but for other states." 
 
A similar scenario is playing out in ARIZONA, where last week a federal court took up the constitutionality of HB 2779. Under that measure, which Gov. Janet Napolitano (D) signed into law on July 2 despite stating strong misgivings, employers who do knowingly hire illegal workers can lose their business license. Business groups have challenged the law because they say it unconstitutionally calls for the state to enforce employment law, which is a federal responsibility. But attorney Farrell Quinlan, who represents a coalition of business groups opposing the law, says there is also a real fear among business interests that should the courts disagree, other states will follow suit with similar measures of their own. 
 
"If it passes federal muster here, it'll be coming to a state legislature near you," Quinlan says. 
 
But that could happen regardless of what the court rules in ARIZONA. There are hundreds of grass roots immigration organizations across the country, many of whom are pushing lawmakers to enact the kind of restrictions and penalties found in the OKLAHOMA and ARIZONA laws. Many are led by people like Carol Helms, who founded Immigration Reform for OKLAHOMA Now, which worked to support HB 1804. Helms says she has personally advised like-minded citizens groups in KANSAS, NEBRASKA, MONTANA, CALIFORNIA, ALABAMA and NEW JERSEY, as well as FLORIDA's congressional delegation, on developing similar measures in their state. Others thought to be considering such bills include SOUTH CAROLINA, NORTH CAROLINA, UTAH, MISSOURI, TENNESSEE and ARKASAS. 
 
Immigration proponents like Migration Policy Institute President Demetrios Papademetriou blame Congress's failure to approve substantial immigration reform this spring for the groundswell of support for measures like those in OKLAHOMA and ARIZONA. 
 
"When the federal government basically abandoned comprehensive immigration reform, it created an opening for activists in states and localities to see how they might address it," Papademetriou says. But Papademetriou also notes that the movement is growing because there is strong public support for it. 
 
"This is not just a bunch of activists that are doing this," he says. "It does represent the broader opinions of the populous. The activists are literally tapping into something broader." 
 
But even in OKLAHOMA, not everyone agrees with the harsher new rules. Rep. Shane Jett, a Republican, says he is planning to introduce legislation next session to allow the state to "redeem itself" by addressing what he calls the "unintended consequences" of HB 1804. Jett does not yet have the specifics of that proposal, but says he wants to see a system similar to a guest worker program, where each illegal immigrant would be assigned an identification number to ensure they are paying the proper taxes. That money would then be captured entirely by the state to pay for any public services the illegal immigrant population is using. 
 
Jett says he is pushing these changes because HB 1804 does not account for the potentially devastating impact forcing thousands of workers out of state could have on the Sooner State workforce. "No one set out to injure OKLAHOMA's economy, but that is what will happen," he says. 
 
Hector Chichoni, a FLORIDA-based immigration and employment attorney, says a plethora of states imposing Draconian new laws could also create chaos in many states' workforces. That, he says, would likely prompt Congress to finally enact federal immigration policy reform. "I think Congress will hurry up and enact some law to stop pandemonium in other states," he says. 
 
A decision on the ARIZONA statute is expected in December. But another hot button immigration issue was resolved last week when NEW YORK Gov. Eliot Spitzer (D) decided to abandon his plans to allow undocumented residents to obtain driver's licenses. Spitzer's proposal had sparked a national debate over whether issuing licenses to illegal immigrants would make the state more secure or improperly extend a privilege to them that should be reserved for legal residents. The controversial proposal even sucked in a host of Democratic presidential candidates during a recent debate after front-runner Hillary Clinton offered a tortured and confusing answer to the question of whether she supported Spitzer's plan. Pilloried by other candidates and the media for seeming to waffle on the matter, Clinton later came out strongly against the plan. 
 
Empire State voters were not quite as circumspect in their viewpoint on the plan, as polls showed an overwhelming number of people strongly opposed it. Faced with such a maelstrom of opposition from seemingly all sides — his own state Legislature was also poised to cut off funds to pay for the program — Spitzer acknowledged last week that his plan had no real chance to survive. It was a brutal defeat for Spitzer, who lamented that he was "not willing to fight to the bitter end on something that will not ultimately be implemented." 
 
Although that concession has finished the issue in NEW YORK for the foreseeable future, it appears to have sparked new action from federal lawmakers. U.S. Sen. John Barasso, a WYOMING Republican, introduced legislation in Congress last week that would withhold 10 percent of federal highway funds from any state that allowed illegals to obtain licenses. Several federal lawmakers immediately announced their support for the legislation. 
 
None of which has discouraged OREGON Gov. Ted Kulongoski (D), who said after Spitzer waved the white flag that he still supports giving illegal immigrants driver's licenses. But even the governor's fellow Democrats were seemingly less than enthused by Kulongoski's position. "You could count on one hand the number of supporters there are for this in the Legislature - if there are even that many," said Democrat Rick Metsger, chairman of the OREGON Senate Transportation Committee. (NEW YORK TIMES, OKLAHOMAN [OKLAHOMA CITY], CORVALLIS GAZETTE-TIMES, CASPER STAR-TRIBUNE, WASHINGTON POST, ARIZONA REPUBLIC [PHOENIX])

Ranking the nation's healthiest states
 
The health of the nation declined slightly in the last year, according to a new report measuring the overall healthiness of each state from United Health Foundation (UHF), a MINNESOTA-based non-profit foundation that works to improve public health. The report grades each state on key wellness issues like rates of cancer deaths, poverty levels and numbers of uninsured people, as well as personal behaviors like smoking and violent crime. Based on those criteria, the study deemed VERMONT the healthiest state in the nation. MINNESOTA was a close runner-up after being ranked in the top spot for the last four years, followed by HAWAII and NEW HAMPSHIRE. In contrast, MISSISSIPPI's high obesity rates and large numbers of children living in poverty earned it the bottom ranking as the unhealthiest state in the nation, followed by LOUISIANA and ARKANSAS respectively.

STATES PUSHING 'GREEN' BUILDING: "Green design" — the environmentally friendly variety — is in. 
 
Even in Las Vegas, where the focus has tended to be on an entirely different kind of green. 
 
The $4.8 billion Echelon hotel-casino complex, an 87-acre development scheduled for completion in 2010, will boast 5,000 rooms and suites, 30 restaurants and entertainment venues, and over 140,000 square feet of casino space. The site will also incorporate design features aimed at maximizing the use of natural light, conserving water and deflecting heat. 
 
One of the main reasons for that is the law NEVADA enacted in 2005 granting a substantial property-tax break to developers who meet certain environmentally responsible design criteria, known as Leadership in Energy and Environmental Design (LEED) standards. 
 
NEVADA is just one of 26 states that now have some sort of green-building laws, up from 19 a year ago, according to Jason Hartke, director of advocacy for the U.S. Green Building Council, which developed the LEED standards — now the most widely accepted green-design benchmark — in 2000. Most of the state laws take a "lead by example" approach, setting high standards for government buildings but not requiring private developers to meet them. 
 
That was the tack FLORIDA Gov. Charlie Crist (R) took in July, when he signed an executive order mandating that all new state buildings meet LEED standards. Dean Izzo of the Department of Management Services said the Sunshine State's buildings were already considered "high performance," but the new law "takes us to the next level." The first buildings that will be constructed using the new standards — three Department of Revenue structures in Tallahassee — will have ventilation systems that can be adjusted at individual workspaces and permeable parking lots that reduce heat build-up. 
 
COLORADO took a broader approach, enacting a bill in April requiring new building construction and renovation projects that receive 25 percent or more of their funding from the state to meet LEED or other high-performance building standards. 
 
Rod Vanderwall of the Office of the State Architect, said the Centennial State already followed the 2006 International State Energy Conservation Code, but that under the new law, "We'll pay more attention to lighting quality, interaction with heating and cooling systems, and insulation," among other things. He added that the new standards might add to construction costs, but the energy savings would more than compensate. 
 
Other states have gone further still. Along with NEVADA, NEW MEXICO has established tax incentives for private developers who meet LEED standards. And in August, ILLINOIS became the first state to offer economic incentives for LEED-compliant neighborhood development, agreeing to cover up to 1.5 percent of the total development costs for three neighborhoods per year. 
 
There are no state laws actually mandating green building, according to Steve Dunn, a senior associate at the Southwest Energy Efficiency Project. But he said that could change, with NEW MEXICO currently working on a statewide green-building code. 
 
There is opposition to such mandates, however. Todd Myers of the Washington, D.C.-based Competitive Enterprise Institute, said he's okay with developers adopting green standards voluntarily, but he doesn't believe government should impose them for either public or private construction. 
 
Myers contends that LEED standards are not always as energy-efficient as they're cracked up to be. He cites his own research of school systems in WASHINGTON state that found, for instance, that the large windows the standards call for to reduce lighting costs, also increase heating and cooling costs. 
 
He says decisions about energy savings should be left to local facility managers who know the particulars of their buildings and climates. "Having somebody come in from the outside and say here's how you're going to do it from now on doesn't take advantage of the expertise they have in their local area," he said. 
 
But the USGBC's Hartke says the LEED system is flexible and has a "proven track record." He said studies show that there's typically a 2 percent increase in building costs, which is paid back within 14 months. "After that, you're talking about a return on investment," he said. (STATELINE.ORG) 
 
CRIST SIGNS INDIAN GAMING DEAL: FLORIDA Gov. Charlie Crist (R) signed a compact with the Seminole Tribe last week that will provide at least $100 million a year in revenue to the state — if it holds up. 
 
The deal grants the tribe exclusive rights to add Vegas-style slot machines and table games like blackjack and baccarat to its seven casinos. In return, the tribe must pay $100 million to the state for the first two years of expanded operations and $150 million or more, depending on revenues, by the third year. 
 
"This is a historic day for FLORIDA," Crist said at a signing ceremony in his office last Wednesday. Mitchell Cypress, chief of the Seminoles' tribal council, more or less agreed, saying it was "a good day for everybody." 
 
Lawmakers weren't as enthusiastic about the deal. House Speaker Marco Rubio (R) and Senate President Ken Pruitt (R), who'd previously demanded that the compact be approved by the Legislature, said they were reviewing their legal options. Others were less circumspect. "The Legislature will sue, and we will win," said Senate Democratic Leader Steve Geller. (ORLANDO SENTINEL) 
 
BUDGETS IN BRIEF: CALIFORNIA's top budget analyst, Elizabeth Hill, released a report last week projecting a $9.8 billion hole in next year's budget, $3.8 billion more than the Schwarzenegger administration had previously indicated. Hill said the deficit has grown because government expenses are increasing faster than revenues in an economy weakened by the slumping real estate market (SACRAMENTO BEE). • State economists in FLORIDA downgraded their tax revenue projection for the next two years another $2.5 billion last week. The revised forecast means that despite lawmakers making $1 billion in cuts during a special session just weeks ago, the state will still end the fiscal year on June 30 $1 billion short (ORLANDO SENTINEL). • ILLINOIS Legislature's Joint Committee on Administrative Rules voted 9-2 to suspend Gov. Rod Blagojevich's (D) emergency rule expanding the state's health-care rolls by 147,000 people. The bipartisan panel questioned the pressing need to increase health-care spending when the state is already struggling to meet its financial obligation to doctors who treat the poor. Earlier this year, lawmakers rejected a larger, near-universal health-care program proposed by Blagojevich that he wanted to fund with a controversial business tax (STATE JOURNAL [SPRINGFIELD]). • The MARYLAND House of Delegates passed two tax bills in special session last week that would generate $1.4 billion a year to close a budget shortfall and provide funding for transportation and health care. But the House still had to reconcile its legislation with that passed by the Senate the week before (WASHINGTON POST). • The ALASKA Senate voted to raise the oil tax rate from 22.5 percent to 25 percent of net profits last week. Differences still remain between the Senate bill and one passed by the House a few days earlier (KTUU [ANCHORAGE], ANCHORAGE DAILY NEWS). • PENNSYLVANIA's first six slot-machine parlors took in over $10 billion in their initial year of operation — averaging out to about $830 per resident. The nearly $900 million in profits generated by that business was split between the casinos and the state, which intends to direct its share into tax cuts, civic-development projects, aid to local governments and the horse-racing industry (PHILADELPHIA INQUIRER). • Last week, NEW JERSEY Gov. Jon Corzine (D) unveiled his long-awaited plan to cut the state's 32 billion debt in half by leasing the state's toll roads to a public benefit corporation (STAR-LEDGER [NEWARK]).

OREGON GOP AT DEMS' MERCY ON 2008 PRES BALLOT: OREGON Republicans are in a bit of a pickle. They've scheduled their presidential nominating convention so late in the summer next year — Sept. 1-4, in Minneapolis-St. Paul — that it will bump right up against the deadline, under OREGON law, for the parties to officially file the names of their presidential and vice presidential nominees: Sept. 4. 
 
It won't be a problem as long as everything goes smoothly. But Republicans don't want to take that chance. And to give themselves more leeway, they want to change the state filing deadline. To do that, however, they need the support of the Democrats who control the Legislature. 
 
So far, the Democrats have been playing nice. "We're moving peacefully and expeditiously" to pass legislation in February, said House Majority Leader Dave Hunt (D). He also said the Dems weren't planning to extract any concessions from the Republicans in return for the favor. 
 
And Amy Langdon, executive director of the Oregon Republican Party, said she didn't expect that to change. "I just don't see how you can play politics with denying the other major party's candidate a place on the ballot," she said. "It just makes you look bad."(OREGONIAN [PORTLAND]) 
 
POLITICS IN BRIEF: Facing public pressure — and an FBI investigation — for his dealings with an alleged mobster, CONNECTICUT Sen. Lois C. DeLuca (R) announced his resignation last Tuesday, ending a 17-year career in the Senate. He will leave office Nov. 30 (ADVOCATE [STAMFORD], HARTFORD COURANT). • CALIFORNIA Sen. Carole Migden (D), chairwoman of the Senate Democratic Caucus, is being investigated by the state Fair Political Practices Commission for allegedly charging $397,000 in political expenses on credit cards and failing to disclose who was paid and for what, as required by the state's campaign finance laws. She could be fined up to $60,000 if found to be in violation (LOS ANGELES TIMES).

KAINE KILLS VA ABSTINENCE-ONLY FUNDING: VIRGINIA Gov. Tim Kaine (D) has cut off state funding for abstinence-only sex education programs in the Old Dominion. Kaine cited recent studies that show teenagers should also be educated about birth control and condoms to protect against pregnancy and sexually transmitted diseases. His decision eliminates $275,000 in matching state funds for a federal program that provided support for more than a dozen nonprofit groups that taught abstinence only. 
 
Kaine spokesperson Delacey Skinner said the governor supports abstinence education, but also believes the state should be "funding programs that are evidenced-based" and provide students "more comprehensive" sex education. 
 
The move drew praise from Becky Reid, an organizer for VIRGINIA's Planned Parenthood Health Systems, which opposes abstinence-only sex education programs. "There is no evidence that abstinence-only programs equip teens with the education they need to delay sexual activity or prevent unintended pregnancies or the spread of sexually transmitted disease," Reid said.  
 
But several Republican lawmakers also accused Kaine of conspiring with Planned Parenthood to keep his decision under wraps until after the Nov. 6 election. State Sen. Ken Kuchinelli said he will work to try to overturn Kaine's edict in the Senate when the General Assembly returns to session in January, while Del. Robert G. Marshall vowed a similar push in the House. "When it comes to sex, Democrats can't think straight," Marshall said.  
 
Reid denied any collusion, and added that the election, which saw Democrats take control of the state Senate and make significant gains in the House, confirmed that voters support Kaine's approach. "People are tired of ideology. We want common-sense approaches to issues," Reid said. "Governor Kaine took a common-sense approach. We have a budget shortfall. This program has not shown to be effective in any way." (WASHINGTON POST) 
 
CO GOP VOWS FIGHT OVER BARGAINING ORDER: Legislative Republicans in COLORADO are vowing to fight an executive order (EO D02807) from Gov. Bill Ritter (D) that authorizes state government managers and workers to enter into employee partnerships, essentially giving them the power to collectively bargaining over issues like workplace safety, wages and health care. Republicans say the order is "an abuse of power," contending that the matter should have been decided by the Legislature, not Ritter. Republican leaders have already announced two bills — one to repeal Ritter's order and another to prevent state workers from striking. "This governor has an obvious affinity for unilateral action. Somewhere, Dick Cheney is smiling," said Sen. Josh Penry (R). Even former Gov. Bill Owens got into the act, saying the issue was too controversial to have not been run past lawmakers first.  
 
Democrats dismissed the criticism, noting that Ritter's order specifically does not grant state workers authority to strike or engage in binding arbitration. "To call this a major policy initiative is a hell of a stretch," said Rep. Paul Weissmann (D). COLORADO State University political scientist John Straayer also believes the furor will be short-lived. "This is not sweeping unionization at all," he said. "They can't strike. They can't force nonunion members to pay. There is no binding arbitration. It just strikes me as kind of a middle-of-the-road act on the governor's part." (DENVER POST) 
 
EXECUTIVE ORDERS: IOWA Gov. Chet Culver (D) issues EO 7, which creates a Youth Race and Detention Task Force. The 30-40 member group will be tasked with coming up with suggestions for reducing the number of minority youth in Hawkeye State juvenile detention centers (STATE NET). * IDAHO Gov. Butch Otter (R) issues EO 22, which creates the "Office of Energy Resources" within the governor's office. The agency will be responsible for advising the governor and all other state officials on the state's energy requirements, supply, transmission, management, conservation and efficiency efforts (STATE NET). * CALIFORNIA Gov. Arnold Schwarzenegger (R) issues EO 14, which enacts a two-week moratorium on all fishing in San Francisco Bay. Schwarzenegger's order came after a cargo ship crashed into the Bay Bridge, causing more than 58,000 gallons of oil to spill into the waters there. The move did not, however, delay the opening of the Golden State's winter crab season last Thursday in other coastal areas (STATE NET). 
 
GOVERNORS IN BRIEF: Nine Midwestern governors signed off on the Midwestern Regional Greenhouse Gas Reduction Accord last week, an agreement with the premier of the Canadian province of Manitoba to reduce carbon emissions and set up a trading system to meet greenhouse gas reduction targets. Not to be outdone, beginning this week three Western governors — Arnold Schwarzenegger of CALIFORNIA and Jon Huntsman Jr. of UTAH, both Republicans, and Democrat Brian Schweitzer of MONTANA — will appear in a nationwide television advertising campaign to generate public and political support for climate change legislation now being debated in the U.S. Senate (NEW YORK TIMES). • UTAH Gov. Jon Huntsman (R) said last week that his top three legislative priorities for 2008 are raising teacher pay 6 percent to 8 percent a year over the next several years, reducing the number of Utahans who do not have health insurance and improving the Beehive State's air quality (SALT LAKE TRIBUNE). • Former U.S. Senate Majority Leader Bill Frist said Friday that he is considering making a bid for governor of TENNESSEE in 2010. Frist, who is currently a full-time professor at Princeton, is one of many people considering making the run. Among Democrats, U.S. Rep. Lincoln Davis (D) has already said he will make a bid, while Kim McMillan, a former state House Majority Leader and most recently an aide to current Gov. Phil Bredesen (D) is said to be interested. Additional Republicans said to be mulling it over include U.S. Rep. Zach Wamp (R) and U.S. Sen. Bob Corker (R) (CHATTANOOGA TIMES FREE PRESS). • NORTH DAKOTA Gov. John Hoeven (R) formally announced his decision to seek a third term (FORUM [FARGO]). • WASHINGTON Gov. Christine Gregoire (D) said last week that she has not given up hope of keeping the NBA's Seattle Supersonics from moving to Oklahoma City. Gregoire took exception to NBA Commissioner David Stern's assertion that the region lacked the political will to work out a deal for keeping the team in the Emerald City. "David Stern should keep his powder dry," Gregoire said (SEATTLE POST INTELLIGENCER).

BUSINESS: Agriculture regulators in PENNSYLVANIA bar Keystone State dairies from marketing their milk as coming from cows that have never been treated with the hormone recombinant bovine somatotropin, or rBST. Officials say the advertising unfairly implies that milk without that labeling is not safe. The hormone is banned in the European Union, Canada, Australia and Japan (USA TODAY).  
 
CRIME & PUNISHMENT: The TENNESSEE attorney general's office says the state may not use the electric chair to execute condemned prisoners unless that person requests that method of death. Volunteer State law says the chair may be used only if the U.S. Supreme Court determines that lethal injection is unconstitutional (NASHVILLE TENNESSEAN). • The OHIO Senate approves SB 183, a bill requiring at least six months in prison for anyone convicted of soliciting a minor for sex. It moves to the House (COLUMBUS DISPATCH). • A UTAH legislative committee endorses a proposal that would make it a third-degree felony for an adoption agency to encourage a birth mother to sell or dispose of her baby (SALT LAKE TRIBUNE). • Still in UTAH, a joint legislative committee approves a bill that would increase the penalty for strangling but not killing a person from a misdemeanor to a third-degree felony. The bill's supporter's say it will combat domestic violence where many perpetrators use strangulation as a way strike fear into their victims (DESERET MORNING NEWS [SALT LAKE CITY]). 
 
EDUCATION: A court in OREGON rules that school districts may prohibit teachers from carrying concealed handguns on school grounds. Beaver State law prohibits local governments from writing laws that bar guns, but the judge said the Medford School District was enforcing an employee policy and not enacting a new law. The teacher who filed the case is planning an appeal (OREGONIAN [PORTLAND]). • A federal court rules that ILLINOIS education officials can't punish Prairie State school districts that don't obey a new state law requiring teachers to hold a moment of silence at the beginning of each school day. The judge said the law is "likely unconstitutional." Another hearing is set for mid-December (CHICAGO SUN-TIMES). • OHIO Gov. Ted Strickland (D) signs legislation that calls on state education officials to develop a code of conduct for Buckeye State teachers and come up with specific punishments for certain infractions. The measure also enables school districts to charge parents for all-day kindergarten on a sliding scale according to family income (TOLEDO BLADE).  
 
ENVIRONMENT: Just a week after reaching a deal with GEORGIA and ALABAMA on water releases coming from GEORGIA's Lake Lanier, FLORIDA officials notify federal authorities that the state objects to a proposal to keep more water in that lake. The final decision rests with federal Fish and Wildlife officials, who will decide this week whether federally protected mussels and a fish species downstream from Lanier could survive with less water. Should those changes be approved, the U.S. Army Corps of Engineers will immediately begin phasing in the water release reductions (ATLANTA JOURNAL CONSTITUTION). • An Aloha State judge reverses his injunction against operation of the HAWAII Superferry, allowing the controversial service to resume within a few weeks. Gov. Linda Lingle (R) recently signed legislation allowing the ferry to run while an environmental study is being completed (USA TODAY).  
 
HEALTH & SCIENCE: The MARYLAND Senate approves legislation that would extend government-funded medical coverage to as many as 100,000 currently-uninsured Old Line State residents. Under the new program, all adults earning up to 116 percent of the federal poverty level, or about $20,000 for a family of three would be eligible for state-sponsored Medicaid coverage. The measure moves to the House (BALTIMORE SUN). • An ILLINOIS court rules that a 2005 state law that limits medical malpractice rewards for non-economic damages to $500,000 against doctors and $1 million against hospitals is unconstitutional. Supporters of the law plan to appeal (DAILY HERALD [ARLINGTON HEIGHTS]). • A CALIFORNIA Assembly committee endorses legislation that requires businesses to spend 2 percent to 6.5 percent of their payroll on health care or contribute to a state fund. The measure also asks Golden State voters to approve a $2-per-pack cigarette tax increase. It moves to the full Assembly (SACRAMENTO BEE).  
 
IMMIGRATION: Citing overwhelming opposition, NEW YORK GOV. Eliot Spitzer (D) announces he is dropping his plans to issue driver's licenses to illegal immigrants (See SNCJ Spotlight in this issue). Spitzer said he believed legal challenges or a plan by lawmakers to cut off funding to the Department of Motor Vehicles would have eventually killed the plan anyway (NEW YORK TIMES). 
 
SOCIAL POLICY: A federal judge rules that a WASHINGTON law requiring pharmacists to dispense so-called "Plan B" emergency contraceptives is unconstitutional because it violates pharmacists' freedom of religion. The judge said Evergreen State pharmacists may now refuse to dispense the medication but must refer a patient to "the nearest" or "a nearby" source for the drug. State officials are considering an appeal (SEATTLE TIMES). • The COLORADO Supreme Court gives its approval to supporters of a ballot initiative seeking to amend the state constitution in 2008 to define personhood as a fertilized egg. Opponents of the measure claimed it was misleading, but the court unanimously decided that the proposal was both clear and did not violate the state's single subject mandate for ballot questions (DENVER POST). • MASSACHUSETTS Gov. Deval Patrick (D) signs legislation that establishes a 35-foot buffer zone between abortion clinic entrances and anti-abortion protesters (BOSTON GLOBE).

WHEN ALL ELSE FAILS: They'd tried water rationing. They'd filed lawsuits. They'd hit up President Bush. They'd even tried a rain dance, all to no avail. So, the Associated Press reports, last week GEORGIA Gov. Sonny Perdue took the next logical step for dealing with the Southeast's ongoing drought: he held a prayer meeting on the steps of the Capitol to ask God for, you know, a little help down here. But not everyone thought Perdue's call to the Almighty was such a good idea. The Atlanta Freethought Society, for one, thought the effort was all wet, contending that Perdue was seriously crossing the line that separates church and state. They showed up to protest the vigil. But Perdue had the last laugh as the heavens opened up the following day, dropping an inch of rain on the parched northern part of the state. The gov said he considered the downpour an "affirmation," but quickly struck a humble note, saying "Certainly, we're not gloating about it." Uh huh. 
 
NO BUBBLE BOY IS HE: It has been four years since former CALIFORNIA Gov. Gray Davis was booted out of office by voters angry over, well, just about everything. Given that, you probably couldn't blame Davis — only the second governor in U.S. history to be recalled from office — if he never set foot in Sacramento again. But Davis, who came to the capital city last week to speak to the Sacramento Press Club, seems to be over any hard feelings he may have had from seeing Arnold Schwarzenegger terminate his political career. He was glib throughout, generally being far more personable than the man often noted for being "charm free" during his days in office. Davis also resisted badmouthing Schwarzenegger, choosing instead to laud the Governator for his efforts on the environment. Davis did allow himself one moment of pique, however. When asked how his life is different now, Davis replied, "When I make a speech now and people don't like it, that's their problem. I'm no longer in the bubble."  
 
DOG(S) BITE MAN? Not yet, but that may be how it soon feels to CALIFORNIA Assemblyman Lloyd Levine, who caused a furor last year when he introduced a measure to require pet owners to spay or neuter their animals. Animal lovers statewide went ape over the proposal, swamping the Capitol, hounds in tow, to lobby against it. Levine's bill cleared the Assembly but croaked in the Senate, forcing him to put the measure to sleep for a while. Now, as the Capitol Weekly reports, a loose coalition of pet people are trying to get seven separate initiatives on the ballot, with the net effect of changing the state constitution to bar laws such as Levine is proposing. The Assemblyman is nonplussed, saying he plans to re-introduce his bill anyway.  
 
THE RIGHT TO BEAR ARMS, FREE SPEECH AND...TO DRY? Yes, to dry. As in your clothes. On a clothesline, not an electric dryer. As NEW HAMPSHIRE Public Radio reports, there is an entire movement afoot these days to allow folks to go low-tech with their laundry. An advocacy group called Project Laundry List — seriously — is pushing lawmakers in numerous states to bar homeowners' associations from forcing residents to use dryers rather than good old sunshine and a warm breeze. While some might question whether these folks have gone all Luddite on us, they say nothing is further from the truth. Clotheslines, they say, are just the environmentally sound thing to do. But homeowners groups don't like the idea, complaining that clotheslines are an aesthetic blight and lower their home values. According to the State Net database, at least four states have pending bills on the matter. Hmmm...just when we thought it couldn't get ay harder to get the kids to do the laundry.