State Net ************************************************** C A P I T O L J O U R N A L ************************************************** News & Views from the 50 States ================================================================= Volume XII, No. 49 Monday, December 13, 2004 ================================================================= ##### TOP OF THE NEWS ##### SNCJ SPOTLIGHT .............................1 * Big brother at the pump? BUDGET & TAXES .............................2 * States fear cold winter for poor POLITICS & LEADERSHIP .............................3 * Plenty of fine print in CA stem cell prop GOVERNORS .............................4 * Western govs want drought, wildlife relief IN THE HOPPER .............................5 ELECTIONS .............................6 ONCE AROUND THE STATEHOUSE LIGHTLY .............................7 ***************************************************************** "It's very important to cooperatively put behind (us) these 220 years of antagonism and uncertainty." NEW YORK Gov. George Pataki (R) after agreeing to let five tribes build gaming casinos in order to settle the largest and oldest Native American land claim in the nation. "[The WISCONSIN-Oneida] sold out and relocated on their own accord. Now that Pataki is dangling a casino in front of them, they want it [the land]. All this means is millions more going out of state." Mark Emery,a spokesman for the New York Oneidas, who also operate a casino. ***************************************************************** State Recaps available this week: AK, AL, CA, CO, CT, FL, GA, HI, IA, ID, IL, IN, KS, KY, LA, MD, ME, MN, MO, MS, NC, NE, NH, NM, OK, PA, RI, SC, SD, TN, UT, VA, VT, WA, WI, WV, WY ***************************************************************** ***** #1--SNCJ SPOTLIGHT ***** Ridin' with a tax collector onboard With gasoline hovering at $2 a gallon these days, owners of gas guzzling vehicles are being forced to take a second look at more fuel-efficient transportation. And with buyers no longer forced to compromise on space, as they did when purchasing the innovative Honda Insight or Toyota Prius, they can now satisfy their lust for size, power and fuel economy by choosing hybrid full size pickup trucks, SUVs and high performance sedans. But transportation experts say the large-scale acceptance of these new fuel- efficient vehicles will also have a long-term impact on the nation's transportation infrastructure. The historical backbone of state transportation revenue has been the motor fuel tax. This tax has declined annually as inflation has reduced its value, and as drivers have steadily purchased more fuel-efficient vehicles. This decline will accelerate even more if and when consumers demand en masse alternative fuel vehicles, such as those powered by hydrogen fuel cells. CALIFORNIA Governor Arnold Schwarzenegger (R), recognized the growing demand for alternate fuel vehicles this year when he signed an executive order creating a public/private partnership to develop a network of 150 to 200 hydrogen-fueling stations throughout California. The executive order calls for approximately one station every 20 miles on major highways. "We are the caretakers of our golden state, and the hydrogen highway will help us protect our extraordinary coastline...spectacular forests and our wonderful mountains and deserts," said Schwarzenegger in April 2004. All of the new fuel efficient vehicles are a worrisome trend for transportation professionals who rely on petroleum-based gas tax revenue to maintain transportation infrastructure. In 1970, the average passenger car fuel efficiency rate was 11.8 miles per gallon; by 2002 fuel efficiency was up to 19.7 miles per gallon. Mary Peters, Federal Highway Administrator for the Transportation Research Board in Washington D.C., acknowledged the problem at a January highway finance session, saying, "The bottom line is we cannot depend on fossil fuel-based taxes in the future." Peters suggests the solution to declining revenue is a "public utility model where we pay for what we use, based on the time of day we use it, and how many other people want to use it." In effect this would be a market-based solution for allocating a limited resource -- a congestion and pollution free roadway. While all states are faced with this growing dilemma of declining revenue, some are taking action, seeking feasible "utility models." In November 2001 the OREGON legislature created the "Road User Fee Task Force" to look at the problem. The MINNESOTA Department of Transportation followed suit with a study that examined alternative mechanisms for financing road and highway construction and maintenance, including how to charge users by where they traveled on public roadways utilizing a "users pay" principle rather than a flat fuel tax. Minnesota used an on-board computer, a differential Global Positioning System receiver, digital maps and map-matching software to compute the real time location of the test vehicles. Differential GPS uses a ground- based transmitter to supplement radio signals, from a constellation of satellites, to improve accuracy to less than a foot. This accurate position data enabled the computer to calculate the miles traveled, time of travel, road jurisdiction, and type. When roads and jurisdictional boundaries are in close proximity, high location accuracy is required to resolve the vehicle location to a specific state and county. NEW JERSEY would be upset, for example, if vehicles were using their roads but the collection system was sending tax revenue to PENNSYLVANIA. The final report published in September 2003 found that GPS had the desired accuracy in rural areas; however, the position accuracy was compromised in urban settings where tall buildings blocked satellite signals or signals bounced off buildings. Minnesota concluded that an electronic odometer was needed to track the miles traveled in downtown areas. The study also found that the digital maps available in 2001 were not accurate enough to resolve closely spaced jurisdictions. "They are not designed for distinguishing roads at the levels required by a road usage charging system, and may lead to inaccurate and unfair charges," the report said. The study also recommended that additional testing be done when more accurate digital maps are available. Working in parallel with Minnesota, the Oregon Road User Fee Task Force looked at 28 different revenue sources to replace the lost motor fuel tax revenue. The Oregon Legislature adopted the Task Force findings, which recommended a road user fee based on the distance traveled, phased in over twenty years. The fee would be calculated based on vehicle miles traveled using an electronic odometer and GPS location system, with the information downloaded over a wireless transmitter at the gas pump. Vehicles without the electronic odometer, such as transit vacation vehicles (RV's) from other states, or older vehicles without the internal electronics and computers, would continue to pay motor fuel taxes at the pump. An onboard Global Position System will determine when the vehicle is in Oregon. In a follow-up to the Minnesota study, the University of Iowa's Public Policy Center has proposed a national six-year test using a more accurate GPS technique and smart cards to collect the data on board the vehicle. This data would then be transferred to a collection station using the removable smart card. This multi- state system will test the ability to charge long distance travelers by jurisdictions, county or state, on cross county trips. Pool funding partners also include, California, CONNECTICUT, IOWA, KANSAS, MICHIGAN, Minnesota, MISSOURI, NORTH CAROLINA, OHIO, Oregon, TEXAS, SOUTH CAROLINA, UTAH, WASHINGTON, and WISCONSIN. However, funding is contingent on passage of the federal Transportation Re-authorization Bill some time in 2005. But systems that record where vehicles travel or where data is stored are major concerns for privacy advocates. "One key factor is whether the device will track location, or just the distance traveled," said Chris Jay Hoofnagle, Associate Director for the Electronic Privacy Information Center. "It's also important that the data reside in the car, if at all possible. If the data can be stored at the station, that creates a honey pot for law enforcement information requests." The Oregon Task Force also recognized privacy concerns, and developed a system designed to protect the vehicle owner's privacy, eliminating any possibility of their movements being tracked or transmitted to a third party. However, the Task Force also found that charging higher fees for traveling over certain congested highway segments was feasible, and should be tested. This may present additional privacy challenges. But congestion pricing, coupled with user fees, fits the model proposed by Peters, who envisions an alternative motor vehicle tax system that allocates resources by time of day and the number of vehicles on the road. Oregon will test road pricing as part of a one-year alternative gas tax collection program to start in the fall of 2005. Vehicles belonging to 250 volunteers will be retrofitted during a pilot project in the City of Eugene, where three gas stations will be modified so gas pumps can accept data transmitted from the vehicle's onboard computers, and then calculate the appropriate gas tax. "The most important thing is that this new system is not too much different from existing systems," says James M. Whitty, manager of Oregon's Office of Innovative Partnerships and Alternative Funding. "Drivers will fill up just like they do now, the only difference is how the gas tax is calculated." The tax will be based on miles driven, rather than gallons dispensed. "We are the only state so far to come up with a concept that is affordable, administratively doable, and technologically feasible," said Whitty. But Whitty says he also expects other states to soon follow suit, specifically mentioning Texas, New York, Utah, and Washington as possible candidates for a similar test run in the near future. California could jump into the fray as well, with the recent appointment of John Borucki as the head of the state Dept. of Motor Vehicles by Gov. Schwarzenegger. Although Schwarzenegger has yet to take a stand in either direction, Borucki is a strong supporter of the "by-the-mile" tax system. That doesn't surprise Whitty at all. "This is a real program," he says. "And a number of other states are looking at it real hard." -- By State Net correspondent RUSS STEELE Russ Steele is a former advanced transportation systems manager and a regular contributor to the State Net Capitol Journal. ***************************************************************** ***** #2--BUDGET & TAXES ***** STATES FEAR COLD WINTER FOR POOR: With the harsh winter weather just weeks away, states are scrambling to make sure their low- income residents will be able to heat their homes. States will receive $2.18 billion in federal energy assistance funding next year, which is up considerably from the $1.89 they received this year. But officials say that won't be enough to cover the expected increase in demand and rise in fuel prices. According to the National Energy Assistance Directors Association based in Washington, D.C., requests for aid under the federally-funded and state-administered Low-Income Home Energy Assistance Program (LIHEAP) could break records in 2005, based on an initial sampling of states. For example, the number of households applying for assistance is up 22.4 percent over this time last year in MONTANA, 15 percent in RHODE ISLAND, 33 percent in SOUTH CAROLINA and 50 percent in WISCONSIN. And equally troubling to state officials, the Center on Budget and Policy Priorities projects that home heating costs will jump 24 percent next year. To make up the likely federal funding shortfall, states have taken some extreme measures. COLORADO, for instance, scaled back its benefit level so it will be able to provide at least some assistance to every family that needs it. Wisconsin is contributing $18.5 million of its own money to help its LIHEAP recipients. And thirty-one states have established energy assistance programs for low-income residents funded by mandatory surcharges on utility bills. A group of 17 governors also sent a letter to Congress in October requesting more money for LIHEAP, including $600 million in emergency funding. President Bush approved half that sum, which will only be released at his discretion. State officials are hopeful he'll acknowledge the impending need. (STATELINE.ORG) TOBACCO MONEY GOING UP IN SMOKE: Thanks to the 1998 legal settlement in which states agreed not to sue the nation's four largest tobacco companies to recover their costs for treating smoking-related illnesses in exchange for scheduled payments, states have raked in billions of dollars in revenue -- $37.5 billion since 2000. But, according to a new report, states are using less and less of that money for anti-smoking and health care programs. The report prepared by the Campaign for Tobacco- Free Kids, in conjunction with the American Heart Association, the American Cancer Society and the American Lung Association, showed that states have allocated $538 million toward smoking prevention programs for 2005. That's down from the $542.6 million they spent this year, and consistent with a downward trend in anti-smoking program funding since its peak at $749.7 million in 2002. The report says only three states -- MAINE, DELAWARE and MISSISSIPPI - - are spending more than 25 percent of their settlement money on smoking prevention programs as recommended by the Centers for Disease Control and Prevention. And five states - - MICHIGAN, MISSOURI, NEW HAMPSHIRE, SOUTH CAROLINA and TENNESSEE -- according to the report, spend nothing at all on smoking prevention. (STATELINE.ORG) PATAKI ROLLS DICE ON TRIBAL GAMING SETTLEMENT: Last week, NEW YORK Gov. George Pataki (R) disclosed a sweeping plan to allow five Indian tribes to build casinos in the Catskills in exchange for eliminating decades-old land claims against the state. The plan came together last Tuesday after two Wisconsin tribes -- the Oneidas and the Stockbridge-Munsee Band of Mohicans -- agreed to drop their suits over thousands of acres in New York's Oneida and Madison counties and ask Congress to declare hundreds of acres they've acquired in the Catskills to be Indian lands. If approved, the plan would mark a major shift in U.S. policy on Indian affairs; the federal government has never allowed a tribe to obtain land outside its current reservation state before. "This is huge," said Robert Batson, an Albany Law School professor who handled Indian legal affairs for former Gov. Mario Cuomo. "Where it finally goes is kind of hard to predict, but it's definitely a major development." The plan faces other major hurdles besides securing Congressional approval, however. Most notably, it would require legislative approval for two more casinos in the Catskills than are currently authorized by state law, a statute which is already facing vigorous opposition from some Catskills residents and their elected representatives. But Pataki is betting that the promise of millions of dollars in much-needed revenue and an end to the long-standing Indian land claims against the state will be enough to win approval for his plan. (TIMES UNION [ALBANY], NEW YORK TIMES) SPORTS STADIUMS NO BOOST TO ECONOMY: LOUISIANA officials are up against a Feb. 1 deadline to determine whether to renovate the New Orleans Superdome or build an entirely new stadium. New Orleans Saints owner Tom Benson has given the state only until then to settle that issue -- along with a few others --to keep the franchise where it is until 2020. A study on the impact of professional sports and stadiums on economic growth by an ILLINOIS economist may make their decision a little easier. According to Robert Baade at Lake Forest College, new stadiums aren't much of a boon to a state's economy. Baade looked at the economic growth rates of 48 cities between 1958 and 1987 and found that NFL franchises had little impact on growth. He said that although players earn huge salaries, they generally don't live in the areas where they play. Most of the other jobs associated with sports franchises pay relatively low wages. And while business in the area surrounding a stadium can be brisk on game day, there are only 10 home games a year. Given Baade's findings, Louisiana's decision on whether to spend $168 to renovate or $600 million to rebuild doesn't seem too difficult. (THE ADVOCATE [BATON ROUGE]) -- Compiled by KOREY CLARK ***************************************************************** ***** #3--POLITICS & LEADERSHIP ***** PLENTY OF FINE PRINT IN CA STEM CELL PROP: A month after CALIFORNIA voters overwhelmingly passed a $3 billion stem cell initiative -- Proposition 71 -- lawmakers have begun pouring over the new law. And many don't like what they see. One thing that troubles them is the initiative's lack of provision for legislative oversight in how the research funds are spent. That is left totally in the hands of a 29-member governing committee composed of public and private university researchers and officials from disease advocacy groups and private biomedical research companies. What makes that notion even more disturbing to lawmakers is the fact that the law does not even stipulate that the $3 billion has to be spent on stem cell research; the governing board will have the authority to fund "other scientific and medical research and technologies." But perhaps most alarming to legislators is that changing the law -- should they wish to do so -- could be very difficult. The law bars the Legislature from modifying any of its provisions for three years. And even then, changes will require a 70 percent vote by both houses and the approval of the governor. Prop. 71's chief architect, Robert Klein, a California real estate developer whose 14-year-old son is a diabetic, said the initiative was drafted specifically to make it resistant to the shifting state priorities that can lead lawmakers to divert funds from one program to another. Klein says guaranteed long-term funding is critical in order to attract researchers to the field. The initiative's lawmaker-proof language didn't stop Sacramento Sen. Deborah Ortiz (D) from introducing legislation last week seeking to make changes to the new law. It remains to be seen whether her effort will succeed. In the meantime observers are hopeful the new governing board will "do the right thing." If not, there's always the process that put Prop. 71 on the ballot: the citizen initiative drive. (SAN FRANCISCO CHRONICLE) NV CONTROLLER GETS OFF EASY: On Saturday, Dec. 6, NEVADA Controller Kathy Augustine (R) became the first public official to be impeached and convicted in the state's 140-year history. In spite of that, however, Augustine, who is in the middle of her second term as controller, managed to keep her job and actually returned to work the following Monday. The Senate began impeachment proceedings two weeks ago, in response to Augustine's admission to the state Ethics Commission in September that she had used state employees and equipment on her 2002 re-election campaign. At the end of the four-day trial, the Senate voted to convict Augustine of using state office equipment on her campaign, the least serious of three specific charges brought against her. The Republican-controlled chamber failed to convict Augustine of either using a state computer or her special assistant on her campaign, with the votes on those charges largely falling along party lines. Following the lone conviction, the Senate then opted to censure Augustine rather than suspend her without pay as some had urged. Senate Majority Leader Bill Raggio (R) remarked that the judgement was not intended "to punish, but to send a message." Democrats countered that elected officials should already know it's improper to use state resources for campaign work. They also wondered how it was possible for the Senate to find Augustine not guilty of the charges she admitted to three months ago. For her part, Augustine said she felt "vindicated" by the outcome of the trial, maintaining that the charges against her were merely an effort by two disgruntled former employees to hurt her politically. She is confident her political career has not been ruined. In fact, she's not ruling out the idea of seeking another office two years from now, maybe even a seat in Congress. "That possibility always exists," she said. (LAS VEGAS REVIEW JOURNAL) GOP SPLIT IN KS SENATE: Moderate Republicans were awarded the majority of the top leadership posts in the KANSAS Senate by their caucus last week, but only after three hours of voting and repeated ties. Sens. Steve Morris and Derek Schmidt beat out their more conservative counterparts by several votes in the contests for Senate president and majority leader, respectively. The margins were a bit tighter in the races for Senate vice president and majority whip, won by moderates Sen. John Vratil and Sen. Jean Schodorf. But the caucus cast seven 15-15-tie votes before finally electing conservative Sen. Karin Brownlee assistant majority leader 16-14. And two seats on a Senate rule- making committee ultimately had to be settled by a coin toss -- one heads, the other tails. The arduous process prompted Sen. Karin Brownlee (R) to state the obvious: "The Senate Republican caucus is very, very evenly split." Despite that division, however, observers said there were few harsh words exchanged between candidates, and at the conclusion of the voting, moderates downplayed their differences with conservatives, Morris saying, "We agree a lot more than we disagree." Still, the evident split could make things a little more interesting in the upcoming session, in which Democratic Gov. Kathleen Sebelius will face a Legislature dominated by the Republicans, who hold a 30-10 majority in the Senate and an 82-43 majority in the House. (LAWRENCE JOURNAL-WORLD) POLITICS IN BRIEF: Jeanne Windham, the Democratic candidate for MONTANA's House District 12 has petitioned the state Supreme Court to throw out seven ballots awarded to Constitution Party candidate Rick Jore in a hand recount two weeks ago because the ballots had marks for both Jore and another candidate. If the justices rule in Windham's favor the House will be split 50-50 between the Republicans and the Democrats, but if she loses, the Republicans will retain their 50-49 advantage (ASSOCIATED PRESS, THE MISSOULIAN). * TEXAS House Speaker Tom Craddick (R) has appointed a committee to investigate challenges filed by three Republican House candidates who lost to Democratic opponents on Nov. 2. The panel of five Republicans and four Democrats will make recommendations to the full House, which convenes Jan. 11 (HOUSTON CHRONICLE). -- Compiled by KOREY CLARK ***************************************************************** ***** #4--GOVERNORS ***** WESTERN GOVS WANT DROUGHT, WILDLIFE RELIEF: Western governors got together last week to urge Congress to support both an emergency drought relief package and drought-preparedness legislation that could save the government money on future disaster spending. Several members of the Western Governors Association (WGA) -- including MONTANA Gov. Judy Martz (R), SOUTH DAKOTA Gov. Mike Rounds (R), and NEW MEXICO Gov. Bill Richardson (D) -- signed a letter requesting the Congressional action. Governors also urged that a Congressional conference committee currently working on homeland security appropriations consider their National Drought Preparedness Act, which they say would save billions of dollars in federal drought disaster spending by better integrating and coordinating federal drought assistance programs. Summit attendees also used the forum to press for significant revisions to the Endangered Species Act, claiming the law robs Western land owners of their property rights. COLORADO Gov. Bill Owens (R) said the ESA too often imposes broad regulations with only minimal consultation with the people that such laws affect the most. "We want to recover the species," Owens said, "[but] let's not use the species act as a way to try to manage public and private properties." Nearly 70 percent of the plants and animals protected by the ESA are located in Western states. The ESA was signed into law by President Richard Nixon in 1973. (SAN DIEGO UNION TRIBUNE, BILLINGS GAZETTE) NO SUNSHINE ON ARNOLD'S TAXES: Once again breaking from a tradition established by his predecessors, CALIFORNIA Gov. Arnold Schwarzenegger (R) has decided against releasing his 2003 income tax returns. The governor released two years worth of returns during his gubernatorial campaign, but said he doesn't want to disclose his holdings now because it could compromise a blind trust he set up last year to avoid potential conflicts of interest. Schwarzenegger's office did release some information regarding his 2003 finances -- that he paid a little over $2 million in taxes to the federal government; paid another $843,590 to the state and contributed just under $1.1 million to charity. (LOS ANGELES TIMES) OWENS WANTS COLLEGE AID TIED TO VIRTUE: COLORADO Gov. Bill Owens (R) has proposed a new scholarship program for low-income Centennial State college students that agree to stay clear of drugs, alcohol and tobacco. In addition to the drug and alcohol mandate, qualifying students would need to pass a pre-collegiate high school curriculum and maintain a 2.5 grade point average to earn the money, which would be capped at $1,500. Students would apply in the eighth or ninth grade and be monitored by their schools and counselors through an oversight program. Reaction to the proposal was mixed. Rick O'Donnell, director of the Colorado Commission on Higher Education, said "we've got to get more kids into college, and the two biggest barriers are that they're not academically prepared so they can't go, or they don't have any money." But Carol DeLockroy, an interim high school principal in Lakewood, questioned whether privacy laws would allow schools to tell on kids who break the rules. "My first reaction," said DeLockroy, "is that if the governor asked me to provide that information [drugs, alcohol and tobacco] about a kid, I don't think that I could." The proposal would need approval from the state legislature before it could go into effect. (DENVER POST) DEMS WANT BOTTOM LINE FROM ROAD WARRIOR ROMNEY: MASSACHUSETTS Democrats are calling on Gov. Mitt Romney (D) to disclose all of his 2004 travel costs. Romney spent 49 days on the road this year, including trips to Houston for the Super Bowl and Athens, Greece for the Olympics. He also took sojourns to Las Vegas, New Orleans, San Francisco, and Washington D.C., followed by treks to OHIO and MINNESOTA to support the Bush re-election campaign. Romney is estimated to have spent at least $20,000 in state trooper salaries alone, although he has yet to offer up any of the actual figures. He did, however, demand that media outlets seeking the information pony up $276 to access the public records. (BOSTON HERALD) -- Compiled by RICH EHISEN ***************************************************************** ***** #5--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 this week: 4,145 Number of 2004 Intros this week: 96 Number of bills enacted/adopted this week: 141 Number of 2005 prefiles to date: 7,533 Number of 2004 Intros to date: 93,040 Number of enacted/adopted overall in 2004: 26,540 Total number of measures in State Net database: 93,410 --Compiled By GINA HUMMELL (measures current as of 12/03/2004) Source: State Net database ----------------------------------------------------------------- The week in session States in Regular Session: DC, MI, NJ, NY, OH States in Recess: DE "c", IL, MA, ME Currently Prefiling: AL(Drafts for 2005) AR(Drafts for 2005) AZ(Drafts for 2005) CO(Drafts for 2005) CT(Drafts for 2005) FL(Drafts for 2005) GA(Drafts for 2005) IN(Drafts for 2005) KY(Drafts for 2005) MA(Drafts for 2005) MO(Drafts for 2005) MT(Drafts for 2005) ND(Drafts for 2005) NH(Drafts for 2005) NV(Drafts for 2005) OK(Drafts for 2005) SC(Drafts for 2005) TN(Drafts for 2005) TX(Drafts for 2005) VA(Drafts for 2005) WY(Drafts for 2005) States Adjourned: AK, AL, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IN, KS, KY, LA, MD "2003 session", MD, ME, MN, MO, MS, NC, NE, NH, NM, OK, PA, RI, SC, SD, TN, UT, VA, VT, WA, WI, WV, WY States in Special Session Adjourned: AK "a", AL "a", AR "b", CA "a", CA "b", CA "c", CA "d", CA "e", CT "a", CT "b", CT "c", CT "d", DE "a", GA "a", IA "b", IL "a-q", KY "a", LA "a", ME "a", ME "b", MS "a", MS "b", MS "c", NC "c", NV "a", NY "a", OK "a", OR "a", TX "d", UT "a", UT "b", UT "c", VA "a", VA "b", WA "a", WA "b", WA "c", WI "d", WI "e", WI "f", WI "g", WV "a", WV "b", WV "c", WY "a" States Projected to Adjourn: FL "a", US Letters indicate special/extraordinary sessions --Compiled By GINA HUMMELL (session information current as of 12/10/2004) Source: State Net database ***************************************************************** ***** #6--HOT ISSUES ***** BUSINESS: The NEW YORK Senate votes to override a veto from Gov. George Pataki (R) and raise the Empire State minimum wage. The new wage will climb from the current $5.15 per hour to $6 per hour in January. It will increase again in 2007, rising to $7.15 per hour (DEMOCRAT AND CHRONICLE [ROCHESTER]). * NEW JERSEY Gov. Richard Codey (D) signs an executive order that prohibits state agencies and independent authorities created by the state from dealing with any third-party consultants. The order is intended to end the practice of "pay to play," in which businesses or individuals make political contributions in an effort to win state business (NEW YORK TIMES). * MISSOURI begins offering bar and restaurant owners a free online training program designed to help them combat underage drinking. The system is currently available in 20 Show Me State cities (KANSAS CITY STAR). CRIME & PUNISHMENT: The NEW YORK Legislature approves a bill that would reduce steep mandatory sentences for convicted drug felons. It moves to Gov. George Pataki (R), who is expected to sign it (NEW YORK TIMES). * MINNESOTA begins issuing a new counterfeit- resistant driver's license that contains invisible digital watermarks that can only be detected by computers or a police scanner. The new licenses also contain a "status check" that shows a driver's immigration status (ST. PAUL PIONEER PRESS). * NEW JERSEY Gov. Richard Codey (D) announces his support for a capital punishment moratorium until a proposed study commission determines the fairness and accuracy of the Garden State's death penalty system. The Legislature is currently considering a bill to create that commission (STAR-LEDGER [NEWARK]). EDUCATION: The ALASKA Board of Education says high school students graduating in 2009 and later must take a half-credit course in Last Frontier State history, or demonstrate a command of standards for understanding that history. Yet to be determined is whether local school districts can blend the requirements into existing classes or be required to develop a new stand-alone course (ANCHORAGE DAILY NEWS). * The MICHIGAN House overwhelmingly approves legislation that would replace the Wolverine State's standardized test for high school juniors with a test more akin to a standard college entrance exam. The bill moves to the Senate (DETROIT FREE PRESS). ENVIRONMENT: A collection of automakers, including Toyota and General Motors, file suit to block CALIFORNIA's stringent new emissions laws. The regulation in question requires car manufacturers to cut approximately 30 percent of greenhouse gas emissions from vehicle tailpipes by the 2016 model year. To date, seven other states have adopted the Golden State's air rules. The other automakers in the suit include Ford, BMW, DaimlerChrysler, Mazda, Mitsubishi, Porsche and Volkswagen (NEW YORK TIMES). * The U.S. Supreme Court rules that COLORADO must pay KANSAS $29 million in damages for improperly diverting water from the ARKANSAS River. This marks the largest fine ever assessed in an interstate water case (DENVER POST). * The IDAHO Dept. of Lands increases protections for endangered bull trout, grizzly bear and caribou habitat. Efforts will include closing roads into grizzly and caribou habitat and increasing restrictions on snowmobiles (IDAHO STATESMAN). HEALTH: The OHIO House endorses legislation that would create a drug database that would allow authorities to monitor people's prescriptions. It heads to Gov. Bob Taft (R) for review (CLEVELAND PLAIN DEALER). * MICHIGAN health officials lift an emergency order that limited flu vaccinations to members of certain high risk groups. WISCONSIN is expected to lift its restrictions any day, while MINNESOTA has already expanded its eligibility list to include people 50 or over, and those who live with or care for people with chronic medical conditions. U.S. health officials also announced plans to buy 1.2 million does of flu vaccine from British drug producers (LANSING STATE JOURNAL, MILWAUKEE JOURNAL SENTINEL, USA TODAY). SOCIAL POLICY: The PENNSYLVANIA Supreme Court says the City of Philadelphia acted within its powers six years ago when it extended benefits to same-sex partners of city workers. The decision overturns a lower court ruling that said the city had overstepped its authority by offering the benefits (PHILADELPHIA INQUIRER) * LOUISIANA Gov. Kathleen Blanco (D) issues an executive order that bans state government from discriminating based on sexual orientation, race, religion, color, sex, political preference or physical disabilities. The order also requires firms that do business with the state to have similar rules (THE ADVOCATE). POTPOURRI: The CALIFORNIA Supreme Court rules that the entertainment and news media may disclose information from public records without violating a person's right to privacy. The high court said courts could not repress publication of truthful information that is a part of public records (LOS ANGELES TIMES). * The NEW JERSEY Senate endorses SB 1093, a bill that would allow adopted adults to access their birth records. Guardians of adopted minor children will also be able to acquire the child's original birth certificate. The bill moves to the Assembly (STAR- LEDGER [NEWARK]). * In approving legislation that significantly overhauls the U.S. intelligence system, Congress also signs off on a law that would require the federal Dept. of Homeland Security to issue regulations on what documentation states must ask for before issuing a driver's license. The law would also require that licenses be "machine readable," such as with a bar code or magnetic stripe. This marks the first time a federal standard would be applied to licensing drivers, overriding decisions that are usually left to each state to decide on its own. The bill heads to President Bush, who is expected to sign it into law (NEW YORK TIMES). -- Compiled by RICH EHISEN ***************************************************************** ***** #7--ELECTIONS ***** There are no elections currently scheduled. ***************************************************************** ***** #8--ONCE AROUND THE STATEHOUSE LIGHTLY ***** SCHOOL'S IN. Rarely has so much energy been expended on so little. But as the Arkansas News Bureau reports, rookie ARKANSAS lawmakers spent two hours last week passing bills that meant nothing. Among them, a bill that designated all fines collected by the state Game and Fish Commission be dedicated for wildlife education programs. The "session" they attended was designed to teach new members how the House works and was complete with floor debates, parliamentary maneuvers and occasional violations of the rules. The real session begins January 10, 2005. END AROUND. Lawmakers in MISSOURI were miffed recently when newly elected Republican Gov. Matt Blunt set down a requirement before his administration would honor requests for tickets to Blunt's inaugural. According to the Jefferson City News Tribune, Blunt originally required elected officials to turn over lists of their guests' addresses and phone numbers. Officials would have paid Blunt's inaugural committee $2.50 per invitation, and the committee then would mail the invitations. Democratic lawmakers especially grumped about the procedure, claiming that it would supply the Republican governor with an immediate fundraising list. Blunt now has changed his policy, allowing elected officials to mail out their own invitations -- for only $2.00 each. CONGRATULATIONS, NOW DON'T SHOW UP. That was the essence of the message delivered to Dana Stephenson, a Republican candidate who won more votes in a November contest for the KENTUCKY state Senate than did Democrat Virginia Woodward. But as The Cincinnati Enquirer reports, the courts -- not voters -- are likely to determine the winner of the election. That's because a Woodward lawsuit filed the day before the election challenged Stephenson's eligibility, claiming she had lived part of the past six years in INDIANA. A judge agreed -- after the election, and after Stephenson had prevailed in the voting booth. Other lawsuits may also be tossed into the courts before a final decision is rendered. As a result, both Stephenson and Woodward were asked not to attend last week's orientation for new lawmakers in Frankfort. BOWLED OVER. Want to attend the Sugar Bowl on January 3 in New Orleans? Good luck if you're nothing more than an ordinary citizen. But if you happen to be a LOUISIANA state lawmaker, step right up. As the New Orleans Times-Picayune reports, all state lawmakers and selected other Bayou State officials have the chance to buy Sugar Bowl tickets at face value. The governor has a skybox at his disposal for all events at the Superdome. The game itself features undefeated Auburn against West Virginia. Meanwhile, fans in CALIFORNIA are steaming mad that the University of California, Berkeley, was not invited to any major bowl despite a 10-1 record where the only blemish was a six-point loss to top-ranked Southern California. "Cal," as it is known, lost out to TEXAS, of all places, for a spot in the Rose Bowl. MARY WHO? That's what Web surfers in OKLAHOMA are asking these days about Lt. Gov. Mary Fallin. According to The Associated Press, a link to Fallin's name has been removed -- along with her picture -- from the new state Web site. The site does include a photo of Democratic Gov. Brad Henry. Fallin, a Republican, has asked that her link and photo be restored, as a show of bipartisan cooperation. -- By A.G. BLOCK ***************************************************************** State Net Publications """""""""""""""""""""" Executive Editor: A.G. Block, e-mail: capj@statenet.com Assoc. Ed.: Rich Ehisen, e-mail: capj@statenet.com Copyright 2004, 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 *****************************************************************