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Volume
XIII, No. 40
December 5, 2005
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| TOP
STORY
State coffers are looking
good again after several years of extreme fiscal hardship. But with costs
for big ticket items like Medicaid, K-12 education and public pensions
still rising, nobody should be breathing easy just yet.
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SNCJ
Spotlight
Fiscal prognosis
for states cautiously optimistic
Thanks to the general upturn in the economy and conservative budgeting
by lawmakers, the financial health of most states is finally on the mend,
with coffers beginning to fill across the country. But states still aren't
completely out of danger, and some, in fact, are in need of fiscal life
support. |
One indication of just how much better the states are doing
is the dramatic reduction in the number needing to make midyear budget
cuts. According to the National Association of State Budget Officers, in
FY 2003, 37 states made midyear cuts, totaling $12.6 billion. Last fiscal
year, only five states did so, and the cuts totaled just $634 million,
the association said.
NEW YORK's recovery this fiscal year verges on the miraculous. At the
start of the year, Empire State officials were projecting a budget deficit
of $4.2 billion. But due to a significant increase in personal income and
capital gains tax receipts, the state is now looking to end the year with
a $1 billion surplus, a nearly $5 billion turnaround.
That kind of revenue growth has led several states to boost spending.
HAWAII, NEW JERSEY, New York and OKLAHOMA have increased funding for higher
education after years of severe cutbacks, while other states have set aside
money for new programs. DELAWARE, for instance, is launching a pilot
program for full-day kindergarten, and FLORIDA plans to spend $400 million
on a new universal preschool program.
A number of states are also now considering tax cuts. One of those states
is New Jersey, which has seen double-digit revenue growth over the past
year. Its newly-elected governor, Sen. John Corzine (D), campaigned on
a promise to reduce the state's property taxes. INDIANA may cut its property
taxes as well, although it might also raise its cigarette tax to offset
the loss of revenue. Meanwhile, UTAH is looking at cutting its sales or
income taxes, after taking in $90 million more in revenue than expected
in the first few months of the current fiscal year.
Experts, however, caution that although state revenues are rising, demands
on state budgets, especially education, Medicaid and public pension costs,
are rising even faster. "The general picture is that revenue is coming
in better than expected for quite a few states," said Scott Pattison, executive
director of the National Association of State Budget Officers. "The problem
is that the states are like the guy who had been laid off and his income
went way down, and now he's got a job again. But in the meantime, he put
a lot of expenses on his credit card, his kids' tuition went up and he
tapped into his retirement fund."
CALIFORNIA offers a case in point. Officials there recently projected
that the state would see a surplus of $5.2 billion at the end of this fiscal
year, a figure that is up substantially from an earlier estimate of $1.3
billion. But the officials also say that entire sum will likely be consumed
next fiscal year, and the Golden State will find itself back in the red
unless Gov. Arnold Schwarzenegger (R) and the Democrats who control the
Legislature agree on a long-term solution for the state's chronic budget
imbalance.
Similarly, despite New York's stunning economic turnaround, the state's
budget office is calling for continued fiscal restraint, in light of the
skyrocketing costs of Medicaid, education and other state programs.
Some states are facing other problems. MICHIGAN's economy continues
to lag due to a slump in the auto industry. Revenues there are expected
to grow by only 3.2 percent this year, nowhere near enough to make up for
five years of cutbacks in almost every government service, said one official.
Of course there is also LOUISIANA and MISSISSIPPI, two states that began
the year in good shape. Louisiana's energy royalties were setting records
and its sales tax collections were growing at a double-digit rate. Mississippi
ended FY 2004 with a healthy surplus and began FY 2005 just as strong.
Then came Hurricanes Katrina and Rita. Louisiana has since drained its
rainy-day fund and made $600 million in cuts, yet the state is still facing
a gaping hole in its annual budget. Greg Albrecht, chief economist for
the state's legislative fiscal office, said before the storms came, "we
were sitting around saying, `Look at all the money we're going to have.'
We were finally going to come back from the recession of 2001." The hurricanes
"just pulled the rug out from underneath us," he said.
Mississippi, meanwhile, had to take out a $500 million line of credit
to cover its lost sales and income taxes and provide disaster assistance
to hurricane victims. According to J.K. Stringer Jr., executive director
of the Mississippi Department of Finance, revenues picked up in October
due to heavy spending by federal aid workers, insurance companies and evacuees
from Louisiana. But he noted -- with a touch of sarcasm -- that things
are still very uncertain in the Magnolia State. "We got things under control
here, other than three little unknowns: how much state revenue we're going
to collect, how much this thing is going to cost us and how much money
we're going to get from the feds," he said. "Other than that, we've got
a firm handle on things." (NEW YORK TIMES)
-- Compiled by KOREY CLARK
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Bird's
eye view
State
rainy day funds making a comeback
Most states
have received good financial news this year - for the fist time in a long
time revenues are better than projected, substantially so in many cases.
(See SNCJ Spotlight in this issue) According to the National Conference
of State Legislatures, this has allowed states to amass a collective cash
reserve of about $20 billion. This means that after several years of fiscal
hardship, borrowing and pillaging of reserves, states are finally able
to once again build up their rainy day funds. But with intense pressure
to keep up with the growing fiscal demand of K-12 education and Medicaid,
few expect the horde of cash to last for long. The accompanying map shows
where states are with their rainy day funds for fiscal year 2005, expressed
as a percentage of general fund balances.
-- Compiled by RICH EHISEN
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The
Week in Session
States in Regular
Session: DC, MI, NJ, OH, PA, US, WI
States in Informal Session:
MA
States in Special Session:
CT "c", CT "d", FL "b", PA "a"
States in Recess: CA,
IL, IN, NH, NY
Special Sessions in Recess:
CA "a", DE "a", DE "b", OK "a"
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",
LA "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", UT "b", VT "a",
WI "a", WV "a", WV "b", WV "c", WV "d", WV "e"
Letters
indicate special/extraordinary sessions
Compiled
By JAMES ROSS| Data current as of 12/02/05 | Source: State
Net database
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Budget & taxes
SCHOOL DISTRICTS LOSE NCLB LAWSUIT:
School districts and teachers unions suffered a major setback
in their effort to force the federal government to fully fund the No Child
Left Behind Act when a federal judge summarily dismissed a lawsuit last
Wednesday aimed at that objective. Districts in MICHIGAN, TEXAS and VERMONT,
along with the National Education Association and NEA affiliates in 10
states, filed the suit in April, seeking to relieve schools of the burden
of spending their own money to comply with the act and to prohibit the
federal government from withholding funds to compel compliance. But U.S.
District Judge Bernard Friedman ruled that if Congress intended to fully
fund NCLB, it would have said so in the act. The feds, naturally, welcomed
the decision, U.S. Education Secretary Margaret Spellings stating, "Judge
Friedman's decision validates our partnership with states to close the
achievement gap, hold schools accountable and to ensure all students are
reading and doing math at grade-level by 2014." The plaintiffs, just as
naturally, were disappointed. "Parents in communities where school districts
are financially strained were promised that this law would close the achievement
gaps. Instead, their tax dollars are being used to cover unpaid bills sent
from Washington for costly regulations that do not help improve education,"
said Reg Weaver, president of the NEA. The union has pledged to appeal
the ruling. (DETROIT FREE PRESS)
BUDGETS IN BRIEF: Last Monday, the
U.S. Supreme Court declined to hear a suit challenging NEW YORK's right
to approve casinos on Indian Land. The decision was a major victory for
Gov. George E. Pataki (R), who has sought to significantly expand Indian
gaming to help the Empire State pay its bills. Gambling opponents, meanwhile,
conceded that the ruling has effectively exhausted their legal options
(NEWSDAY). * A power-packed tax task force in UTAH recommended last week
that the Beehive State should shift to a 5 percent flat-rate income tax.
The Tax Reform Task Force, which includes House and Senate leaders from
both parties as well as Gov. Jon Huntsman's (R) chief of staff, also recommended
that taxpayers be granted 50 percent tax credits for charitable gifts and
home mortgage interest (DESERET MORNING NEWS [SALT LAKE CITY]). * COLORADO
Gov. Bill Owens (R) formally presented his budget request, which calls
for using much of the revenue that will be freed up by the suspension of
the state's Taxpayers Bill of Rights law, to the Legislature's Joint Budget
Committee last Monday. Owens acknowledged that he probably won't get the
entire $296 million he is asking for, given other demands for the TABOR
money (DENVER POST). * Backers of a move to enact TABOR tax and spending
limits in KANSAS said last week that they don't think they have the two-thirds
support in the House and Senate needed to place a constitutional amendment
on the ballot. They said they may instead push for statutory changes --
a sort of TABOR lite -- that would require only a simple majority in the
Legislature. (LAWRENCE JOURNAL-WORLD) * MAINE has joined CALIFORNIA and
PENNSYLVANIA in refusing federal money for abstinence-only sex education
programs. Pine Tree State officials cited a potential conflict with a 2002
state law mandating the teaching of everything from self-restraint to contraception
as the reason for their decision. California has never accepted the federal
money since it was first offered as part of the 1996 welfare reform law,
while Pennsylvania began turning it down in 2004 (STATELINE.ORG). * A coalition
of municipalities and education advocates in CONNECTICUT has filed a lawsuit
seeking to significantly increase education funding in the Constitution
State. Gov. M. Jodi Rell (R) and the state Board of Education were
among those named as defendants (NEW HAVEN REGISTER). * The Internal
Revenue Service is the Powerball lottery's biggest winner, according to
the Multi-State Lottery Association, which operates the game. The IRS has
claimed $2.85 billion since the first jackpot was awarded in 1988 (ASSOCIATED
PRESS, BOSTON GLOBE).
-- Compiled by KOREY CLARK
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Politics &
leadership
LAWMAKERS WANT TO "PURIFY" FL CONSTITUTION:
FLORIDA legislators want to remove several amendments approved
by ballot initiative over the last few years from the state's constitution.
"The constitution is supposed to be there for setting timeless principles,"
said Rep. David Simmons (R), chairman of the House Judiciary Committee
and one of the "scrubbing" effort's architects. Among the recently adopted
measures Simmons and other lawmakers feel don't belong in the constitution
are a ban on smoking in restaurants and bars, and a prohibition against
caging pregnant pigs. Such issues should be handled by state statute, they
say. To that end, lawmakers may ask voters next fall for permission to
shift a handful of amendments now in the constitution to the state statute
books. Supporters of the initiative process oppose that idea. "We'll acknowledge
that what's gotten in the constitution is not perfect. But we will resist
anything that takes this authority away from voters," said Paul Hull, vice
president of advocacy and public policy for the American Cancer Society
in Florida. Hull's group was one of those that helped place the constitutional
smoking ban on the ballot in 2002, which was endorsed by 70 percent of
the state's voters, and which supporters say was necessary to bypass a
Legislature ruled by Republicans with close ties to the tobacco and restaurant
industries. "We believe that with the smoking ban, democracy worked, and
we feel it should continue to work," said Hull. Opponents of the constitutional
changes also fear the process could become a political tool used for such
purposes as eliminating the state's school class-size limits, which Gov.
Jeb Bush (R) and other leading Republicans contend are too costly, or removing
a measure that prohibits the state from providing taxpayer dollars to religious
organizations. But observers say despite the GOP's sizeable majority in
both chambers, the three-fifths vote required for any constitutional changes
would make such controversial moves difficult. (SUN-SENTINEL [SOUTH FLORIDA])
NH LEGISLATURE SEEKS PAY RAISE: NEW
HAMPSHIRE's Legislature, with 24 senators and 400 representatives, is the
largest in the nation. "It's the most representative government in America,"
boasts its House speaker, Douglas Scamman (R). That may be true numerically
speaking, but not in demographic terms. Nearly half the Legislature's current
members are retirees; the average age is close to 60. And the state's working
class is about as underrepresented as retirees are overrepresented. "There
are huge chunks of our population and our community not represented here,"
says Sen. Peter Burling (D). The reason is fairly simple: the Legislature's
pay is among the lowest in the nation. In accordance with a provision set
into the state's constitution back in 1784, most lawmakers receive just
$100 per year, while the speaker and Senate president get an additional
$25 each. Despite the fact that the National Conference of State Legislatures
considers the Granite State one of only a handful in the country where
legislating amounts to a half-time job at pay low enough to require another
source of income, repeated efforts to increase legislators wages have apparently
been stymied by the Yankee notion that the job should be a public service,
open only to those willing to make the necessary sacrifices. Lawmakers,
however, will try once again next year, with a constitutional amendment
to pay them up to $4,500 for session days. But with the support of 60 percent
of the Legislature and two-thirds of the state's voters needed to approve
such a proposal, they aren't too confident they'll see more pay -- or diversity
-- any time soon. (ASSOCIATED PRESS, BOSTON GLOBE)
AT THE POLLS: The Democratic Farm
Labor Party's majority in the MINNESOTA Senate increased by one last Tuesday,
following a special election to replace two of the chamber's departing
members. DFLer Terri Bonoff defeated Republican Judy Johnson to claim the
District 43 seat vacated by first-term Republican David Gaither, who was
appointed Gov. Tim Pawlenty's (R) chief of staff. The election gives the
DFL a 36-30 majority in the 67-member Senate, which also includes one Independence
Party member. The other race, in Senate District 19, gave Republican Amy
Koch the seat vacated by four-term Republican Mark Ourada, who resigned
to become a Washington lobbyist. (MINNEAPOLIS STAR TRIBUNE)
POLITICS IN BRIEF: Last Monday,
VIRGINIA election officials certified Del. Robert F. McDonnell (R) as the
winner of last month's attorney general race, with 323 votes more than
Sen. R. Creigh Deeds (D), out of nearly 2 million cast -- the closest statewide
contest in Old Dominion State history. Sen. Deeds has requested a recount
(WASHINGTON POST). * The groundwork for a legal challenge to NEBRASKA's
constitutional term limits amendment was laid last week, when two termed-out
senators filed for re-election. Term-limits laws have been overturned in
several other states, but in most of those cases, the limits were built
into state statutes and not state constitutions (LINCOLN JOURNAL STAR).
* CALIFORNIA Secretary of State Bruce McPherson (R) said last week that
his office is planning to conduct a hacker test on an electronic voting
machine designed by Diebold Election Systems, whose machines have been
criticized for being vulnerable to such attacks. McPherson said he might
require such testing on all systems seeking certification for use in the
Golden State (ASSOCIATED PRESS, MERCURY NEWS [SAN JOSE]). * Several black
GEORGIA lawmakers have demanded that Rep. Sue Burmeister (R) resign her
House leadership position over comments she made regarding the state's
new voter ID law in a U.S. Department of Justice memo leaked two weeks
ago. In the memo, Burmeister, the chief sponsor of the voter ID bill, stated
that if black people in her district "are not paid to vote, they don't
go to the polls," and if fewer black people vote as a result of the new
law, it's only because it would end such voting fraud" (ATLANTA JOURNAL-CONSTITUTION).
* Only seven of the 200 state utility regulators serving across the country
in 2004 had extensive experience as consumer watchdogs, according to a
new report by the non-partisan, non-profit Center for Public Integrity.
The Center also found that 22 percent of the commissioners or their spouses
had investments in energy or communications businesses (STATELINE.ORG).
-- Compiled by KOREY CLARK
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Governors
MAJOR SHAKEUP IN CA: The
fallout has begun from CALIFORNIA Gov. Arnold Schwarzenegger's (R) voter-terminated
"year of reform" special election. Schwarzenegger surprised absolutely
nobody in replacing former chief of staff Patricia Clarey, who managed
the Nov. 8 special election disaster. He did, however, inspire shock and
awe in both parties by naming Susan Kennedy, a long-time Democratic activist
and former aide to recalled Gov. Gray Davis (D), as her replacement. The
fact that Kennedy is also openly gay and an ardent supporter of abortion
rights also left many conservatives practically chewing through their
lower lip. Phil Trounstine, the head of the San Jose State Survey and Policy
Research Institute and the former communications director for Davis, suggested
Schwarzenegger is hoping that Kennedy's hiring will help him to recapture
the disaffected Democrats and independents that left him in droves over
the last year. "The conservative wing of the GOP had an advocate in Arnold
Schwarzenegger during the last ballot election -- and they got their head
handed to them. So Schwarzenegger, apparently, is deciding to get back
somewhere in the middle." But many GOP stalwarts said hiring such a devout
Democrat would backfire with the governor's base. GOP strategist Dave Gilliard,
who helped run the campaign to recall Davis, called Schwarzenegger "a man
without a country," adding that, "Democrats will never accept him or embrace
him, and now he's breaking with his base. I don't understand it." Even
Democrats were taken aback by the selection. "Any move by the governor
to embrace Democratic values is good news for the state," said Steve Maviglio,
a spokesman for Democratic Assembly Speaker Fabian Nunez. "However, it
leaves many Democrats, as well as Republicans, wondering if he has any
core values at all." Steve Frank, a longtime GOP activist and publisher
of the California Political News and Views, an influential conservative
blog, opined that the appointment signals Schwarzenegger has thrown in
the towel on running for re-election next fall. "He can't run as a Republican,
because his administration has hired some of the key people we recalled
with Gray Davis in the first place," Frank said. "And even should he run,
he has no base left ... who is supporting him. Because what does he stand
for?" Frank implied that conservatives might now try to draft ultra-conservative
state Sen. Tom McClintock (R) to seek the GOP nomination in the 2006 primary.
McClintock also ran for governor in the 2003 recall election, finishing
a distant third behind Schwarzenegger and Lt. Gov. Cruz Bustamante (D).
But while some conservatives fumed, other high-profile GOP bellwethers
praised the move. Former Senate Republican leader Jim Brulte, a leading
conservative voice throughout the Davis years, said: "If every member of
Gov. Davis' staff were as talented as Susan Kennedy, there wouldn't be
a Gov. Schwarzenegger in office today." Former governor Pete Wilson (R),
a close Schwarzenegger advisor, also supported the choice while dismissing
the "McClintock for governor" talk. "He's going to run, and he's going
to be re-elected, and they would do better to devote their energies to
that," Wilson said. Kennedy also blew off the negative feedback, saying
she took the job because her political views matched well with Schwarzenegger's.
"I'm tired of the partisanship. I'm tired of the intolerance that has resulted
in gridlock," said Kennedy, who also acknowledged that some Democratic
allies were against her decision to work for a Republican. "I felt it was
time for me as a Democrat to put up or shut up...If the governor is willing
to risk his political legacy by taking a chance on me, I'm willing to risk
my political career to do what I believe is right." (ASSOCIATED PRESS,
SACRAMENTO BEE, LOS ANGELES TIMES, SAN FRANCISCO CHRONICLE)
MR. CODEY NOT GOING TO WASHINGTON:
Acting NEW JERSEY Gov. Richard Codey (D) removed himself from consideration
to replace Gov.-elect Jon Corzine (D) in the U.S. Senate. Codey has been
under increasing pressure from Democratic Party leaders who wanted him
to finish out Corzine's term and then run for a full term of his own in
2006. But Codey said moving to Washington would not be a good fit for his
family, and that he had no desire to commute. Codey did not endorse anyone
else for the position. (STAR-LEDGER [NEWARK])
RICHARDSON BOOTS BASEBALL CLAIM: NEW
MEXICO Gov. Bill Richardson (D) acknowledged last week that his claim of
once having been drafted as a pitcher by the then-Kansas City Athletics
in 1966 is not true. Richardson, a former college pitcher at Tufts University
in MASSACHUSETTS as well as a former congressman and U.S. ambassador, is
often mentioned as a possible presidential candidate. The claim of being
drafted has been part of his official biography for years, but a recent
investigation by an Albuquerque newspaper found no official record of that
ever happening. Richardson says the entire matter is a mistake caused by
major league scouts telling him that he "could or would" be drafted while
playing college baseball. He says now that, "After being notified of the
situation and researching the matter...I came to the conclusion that I
was not drafted by the A's." There was no immediate comment from the A's,
who relocated to Oakland, CALIFORNIA in 1968. (WASHINGTON POST)
GOVERNORS IN BRIEF: NEW HAMPSHIRE
Gov. John Lynch (D) sent a letter to Democratic National Committee chairman
Howard Dean saying he will "take whatever steps are necessary" to defend
his state's tradition of holding the nation's first presidential primary.
Lynch was reacting to a fast-moving plan by the DNC to insert two to four
caucuses between the IOWA caucus and the New Hampshire primary in 2008.
Lynch said doing so would "front-load" the election process and force presidential
candidates to mount national campaigns right from the start (BOSTON GLOBE).
* The WASHINGTON Executive Ethics Board last week cleared former Gov. Gary
Locke (D) of any ethics violations in connection to his solicitation of
tens of thousands of dollars in corporate donations for the National Governors
Association in 2003. Locke contended he raised the funds to help pay for
the cost of holding the annual NGA conference in Seattle. The board called
the complaint against Locke "obviously unfounded or frivolous" (OLYMPIAN).
* In an ongoing effort to distance herself from the scandal-plagued administration
of former Gov. John G. Rowland (R), CONNECTICUT Gov. M. Jodi Rell (R) said
last week that she will not take any money from political action committees
for her re-election campaign. Rell has also promised not to take money
from lobbyists, their spouses or state employees (BOSTON GLOBE).
-- Compiled by RICH EHISEN
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OF PAGE
Hot issues
BUSINESS: MICHIGAN Gov.
Jennifer Granholm (D) signs HB 4834, which limits payday loan borrowers
to a maximum of $600 in a 31-day period and allows lenders to charge service
fees between 11 percent and 15 percent, depending on the loan's size. The
law goes into effect June 1, 2006 (DETROIT FREE PRESS). * Still in MICHIGAN,
the Senate votes unanimously to prohibit the use and sale of machines that
allow people to inhale alcohol. Known as Alcohol Without Liquid, or AWOL,
the devices vaporize hard liquor, giving users a more rapid, intense buzz
because the alcohol does not move through the protective effects of the
digestive system. The measure returns to the House, which has already approved
it once (LANSING STATE JOURNAL). * MICHIGAN bars and restaurants may not
be able to use or sell AWOL devices, but they soon might be able to stay
open later as the Senate unanimously passes another measure that would
allow such establishments to stay open past 2:00 a.m. The proposal heads
to Gov. Jennifer Granholm (D) for review (DETROIT FREE PRESS). * Wine is
also a hot topic in MICHIGAN, where a Senate committee endorses a measure
that would allow Wolverine State residents to buy wine directly from out-of-state
vintners. Lawmakers also approved a measure that would allow Michigan wineries
to sell directly to in-state retailers and restaurants. Both bills move
to the House (LANSING STATE JOURNAL).
CRIME & PUNISHMENT: The U.S.
Supreme Court refuses to hear a challenge to a 2002 IOWA law prohibiting
convicted child molesters from living within 2,000 feet of a school or
day-care center. Civil libertarian groups contested that the law was unconstitutionally
restrictive (QUAD CITY TIMES [DAVENPORT]). * MAINE becomes the 34th state
to join the National Sex Offender Public Registry, the U.S. Dept.
of Justice program then links each participating state's sex offender Web
site (PORTLAND PRESS HERALD). * The WEST VIRGINIA Supreme Court unanimously
rules that the double-bunking of prison inmates does not violate the Mountain
State constitution. The court also rules that corrections officials have
the legal right to ease prison overcrowding by housing state prisoners
in regional and county jails (CHARLESTON GAZETTE).
EDUCATION: LOUISIANA education officials
announce they will permanently terminate 7,500 furloughed employees from
the New Orleans public school system. The Pelican State Legislature last
month approved a bill putting 102 of the 117 schools in that system under
state control (NEW ORLEANS TIMES-PICAYUNE). * The WISCONSIN Senate approves
a measure that would require school districts that offer sex education
programs to "present abstinence from sexual activity as the preferred choice
of behavior" for unmarried students. Current Badger State law lists over
a dozen topics that districts may include in their sex education instruction
but does not stress one as more important than others. It moves to the
Assembly (WISCONSIN STATE JOURNAL [MADISON]).
ENVIRONMENT: A NEW HAMPSHIRE House
committee approves a measure that would add a surcharge on garbage taken
to landfills and incinerators to pay for expanded state recycling efforts.
The proposal will now go before the full House in January (BOSTON GLOBE).
* HAWAII environmental officials agree to retrofit large capacity cesspools
located at more than 60 public schools statewide. The agreement with the
U.S. Environmental Protection Agency is one of many designed to address
mandated changes in the Aloha State's estimated 2,300 large-capacity cesspools,
which were banned earlier this year by federal law (HONOLULU ADVERTISER).
* OREGON Gov. Ted Kulongoski (D) orders state environmental officials to
draft new standards for automotive tailpipe emissions that match those
recently enacted in CALIFORNIA. The new rules, which need to be approved
by the Beaver State's Environmental Quality Commission, would apply to
2009 model year vehicles (OREGONIAN [PORTLAND]).
HEALTH & SCIENCE: The WISCONSIN
Assembly endorses a bill that would set the state's pain and suffering
damage limits in malpractice lawsuits to $450,000 for adults and $550,000
for those under 18. The state Supreme Court earlier this year invalidated
the previous cap of $350,000 on non-economic damages, saying it was unconstitutional
because it did not provide equal protection for different age groups. It
heads to Gov. Jim Doyle (D), who has said he will veto the measure (CAPITAL
TIMES [MADISON]).
SOCIAL POLICY: A federal appeals
court rules that a 1999 MISSOURI law banning partial-birth abortions is
unconstitutional. The 8th U.S. Circuit Court of Appeals based its decision
on a 2000 Supreme Court ruling that struck down a similar NEBRASKA law
that did not include a provision to allow such procedures to protect the
health of the mother. Show Me State officials have not decided whether
to appeal (KANSAS CITY STAR). * A MICHIGAN House committee approves a proposal
to bar welfare recipients capable of working from receiving cash assistance
after four years. The measure also would require adults receiving aid to
complete a job training program or get a high-school equivalency degree.
It now goes before the full House (LANSING STATE JOURNAL). * A federal
judge rules that the official prayers opening the daily sessions of the
INDIANA House must be nondenominational and may not "advance the beliefs
that define the Christian religion." The court ruled that any advancing
or disparaging of any faith or religion violated the constitutionally-required
separation of church and state (COURIER-JOURNAL [LOUISVILLE]).
POTPOURRI: A WISCONSIN joint legislative
committee endorses AB 763, a measure that would bar people from taking
concealed weapons into hospitals, day care centers and youth sporting events.
Gov. Jim Doyle (D) has promised a veto because he says the bill still allows
concealed weapons to be carried in other public venues, such as shopping
malls and public libraries. Doyle already vetoed a previous version of
the bill for much the same reason. The Senate overrode that veto, but a
similar override fell one vote shy in the Assembly (MILWAUKEE JOURNAL-SENTINEL).
-- Compiled by RICH EHISEN
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UPCOMING
ELECTIONS
(11/29/2005 - 12/13/2005)
11/30/2004
Alabama Special Election
House 47
12/04/2004 Louisiana
General Runoff
US House (3, 7)
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OF PAGE
|
Once
around the statehouse lightly
NOW FOR SOMETHING OFF THE WALL: As
noted elsewhere in this publication, Democrat Susan Kennedy will now head
CALIFORNIA Gov. Arnold Schwarzenegger's administrative staff. But not only
is Kennedy a Democrat, she once served as cabinet secretary to none other
than Gray Davis -- the governor recalled in 2003 and replaced by Schwarzenegger.
Moreover, Kennedy is said to have carte blanche to hire additional staff.
And if all this isn't enough, Kennedy once was executive director of the
state Democratic Party. And guess who was then chairman of the party? If
you answered "Phil Angelides," you win the prize. Angelides, the state
treasurer, is currently the leading Democratic candidate to oppose Schwarzenegger
in next year's gubernatorial fracas. Republicans are not pleased. Strangely
enough, neither are Kennedy's former friends, especially after she admitted
during a press conference that she voted for Schwarzenegger's failed ballot
initiatives -- all bitterly opposed by Democrats.
AND OFF THE OTHER WALL: It's called
"speed dating," and it's supposed to be an efficient way for singles-in-a-hurry
to meet as many potential partners as possible in a short window of time.
But as the Salt Lake Tribune reports, the practice has transformed into
a fundraiser for UTAH Republicans. Apparently, members of the state House
caucus will let lobbyists "date" them for a few minutes -- if the lobbyists
donate to a legislator's campaign. Some folks have complained that buying
even brief face time is a really bad idea. One Republican even called it
"disgusting." Bad, disgusting or not, Republicans had raised $100,000 as
of mid-September. No word on whether any permanent relationships have been
formed.
OFF WITH THEIR HEADS. High school
referees often are the objects of scorn, especially after making a controversial
ruling in the heat of a playoff game. But in football-crazy OKLAHOMA, notes
the Oklahoman, one such ruling has ended up in the state Supreme Court.
Seems refs ejected the Shawnee High School quarterback in the closing seconds
of a playoff game, which Shawnee won. Now, the state association that controls
high-school sports has gone to court to prevent that quarterback from participating
in the school's next playoff game. And is anyone trying to unduly influence
that court decision? Not overtly, although one Shawnee alumnus -- who saw
the game and has two daughters attending the school -- has weighed in,
saying that refs "overreacted" in ejecting the quarterback. The alumnus:
Oklahoma Gov. Brad Henry.
NEW BLOOD: His current residence
is in CALIFORNIA, but as the San Diego Union-Tribune reports, his thoughts
are with his home state of MONTANA. Not only that, but Forrest Mandeville
may represent notions shared by many of his friends. Mandeville is a senior
at a small San Diego college, but he has set his sights on running for
the Big Sky Legislature in 2006. And he's not alone among his peers in
paying attention to politics. Mandeville is part of the so-called "Generation
Y," which, according to a Harvard University study, voted in greater numbers
than originally thought during the 2004 presidential election. Moreover,
political science is among the most popular majors at many universities.
Meanwhile, Mandeville comes by his ambitions naturally; his father is mayor
of Columbus, Montana.
WHAT'S IN A NAME: Plenty, if you
live in OHIO and your last name is "Taft." According to the Associated
Press, Fred Taft only landed a third term on the Pepper Pike City Council
because he won a coin toss. Taft and Richard Bain were tied after all votes
were counted, so the two flipped for the seat. The result is significant,
say some observers, because Taft breezed to victory in his two previous
elections. With Buckeye State Republicans, including Gov. Bob Taft, beset
with problems, some blame Fred Taft's poor showing on his last name. Taft
himself, a second cousin to the governor, doubts the notion. He also offered
no other explanation.
ABUSE OF THE WEEK: comes from storm-torn
LOUISIANA where the Thibodaux Daily Comet reports that a 30-year-old woman
was arrested recently for abusing the 911 emergency phone system. Her crime:
She dialed 911 after being served cold onion rings at a fast-food joint.
-- By A.G. BLOCK
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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 2006 prefiles
last week: 513
Number of 2006 Intros
last week: 187
Number of bills enacted/adopted
last week: 65
Number of 2006 prefiles
to date: 3,077
Number of 2006 Intros
to date: 187
Number of enacted/adopted
overall in 2006: 65
Compiled
By JAMES ROSS | Data current as of 12/01/05 | Source: State Net database
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PAGE
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In case you missed
it: Election Wrap
Voters recently
went to the polls in eight states to determine the fate of numerous ballot
issues, from redistricting to tax-relief and gay marriage. Along the way
they elected two new Democratic governors, perhaps saved the career of
a current GOP chief executive with national aspirations and delivered a
stinging rebuke to a former Hollywood-action-hero-turned-governor who was
once thought to be invincible.
In case you missed it, these
stories can be found in the Nov. 14 edition of the State Net Capitol Journal
archives, found on our Web site at: http://www.statenet.com/capitol_journal/.
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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