POLITICS & LEADERSHIP
High court to review TX remap

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One and done for Romney
 

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The 9/11 Commission says that America has not done nearly enough to meet its security needs. We talked with CALIFORNIA Director of Homeland Security Matthew Bettenhausen this week to discuss some of those challenges. 
 

In depth with: Matthew Bettenhausen

CALIFORNIA Office of Homeland Security Director Matthew Bettenhausen is responsible for helping to protect more than 36 million Golden State residents from terrorism. A former federal prosecutor, Bettenhausen was also the first-ever Director of State and Territorial Coordination for the federal Dept. of Homeland Security, making him intimately familiar with the daunting task states like California face in dealing with security issues. We sat down with him recently to talk about 9/11, Katrina and why WYOMING gets so much federal anti-terrorism funding. 

SNCJ: The 911 Commission recently levied sharp criticism at both the Bush administration and Congress for dragging their feet on enacting the suggestions it made in its report. What is your assessment of our security situation?

Bettenhausen: The federal government needs to address several problems. One is information sharing. While we recognize that some significant progress has been made in that regard, some of that is still just box-shuffling.

Part of the issue is that we have been involved in a sea change in how we do business. The intelligence community was not used to sharing information with domestic agencies. The Patriot Act was helpful in opening up avenues of information, but opening the avenue doesn't mean anybody is going to drive on that highway. Instead of writing their reports with the intention of classifying it, they need to be writing with the intention of releasing and sharing that information. 

There also still seems to be a failure to understand the great capabilities and resources that state and local governments can offer to the federal government in the whole terrorism and hazard scenario. Most incidents of that kind are local, but they think primarily of how they as the federal government can build their security capabilities. What the federal government really needs to be thinking about is how they can support us [states] in building our capabilities so we can be there as a national asset. 

SNCJ: One issue the 911 panel mentioned specifically was the lingering inability of first responders from different agencies to communicate with one another on a secure, dedicated radio channel in real time. We saw that problem firsthand with 9/11 and again with Katrina. How are we addressing this issue?

Bettenhausen: Not well. In 1997, Congress promised our first responders that they would have the radio spectrum they needed by December of 2005, but now they're not even going to think about resolving these interoperability issues for another four years. [Former WASHINGTON Senator and 9/11 Commission member] Slade Gorton pointed out that after we were attacked at Pearl Harbor in December of 1941, we wrapped up the entire war four years later. So, Congress simply needs to move more quickly. 

In addition, when we get around to auctioning off the rest of that spectrum, those proceeds should not go to solving the budget deficit or other problems, but should instead be used to follow up on our much delayed commitment to dedicate most of that money to first responders so they can obtain the equipment they will need to finish the job of solving these interoperability issues. 

Another source of confusion, even for those of us in the business, is that interoperability means a lot more than just getting everybody on the same radio channel. A lot of this also has to do with the concepts of incident command and unified command. We hear often about how in 9/11 the police and fire centers couldn't communicate with each other, which was true, but that was also a failure of unified command. Fire and police each set up separate command posts that were geographically apart from one another. With unified command, those posts would have been set up together so that the police and fire people are working together. In that case, it doesn't matter if you can talk on police channels because if the police are getting information from their helicopters that the building looks unstable and might come down, the fire personnel are going to know it because their guys are standing right there with the police as that info comes in. 

Industry has also got some blame here as well in terms of worrying more about their own bottom lines and keeping their own competitive advantage rather than looking for more of an open architecture. 

SNCJ: CALIFORNIA'S Standardized Emergency Management System (SEMS) was the model for the National Incident Management System (NIMS), the national disaster response plan. SEMS emphasizes a chain of command that starts with local response and then lays out how the federal government can support local efforts when the situation calls for it. But as we saw this year, when push comes to shove, states sometimes have difficulty following that kind of plan...

Bettenhausen: Whether it is wildfires, earthquakes or whatever, we use SEMS here every day. We use it, we practice it, we teach it, we live by it in bringing our emergency resources to bear. The Gulf Coast and the federal government, however, did not follow either their own incident plan or NIMS. We had some of our chiefs there working in the state emergency offices in New Orleans, and it was clear that while the people there knew there was a plan they were supposed to be following, they were not using it. It was just disarray. 

SNCJ: The federal DHS funding formula is an ongoing source of concern for larger states because it gives each state the same funding percentage regardless of its size and security risks. Why is this so and what can states like California and New York do about it?

Bettenhausen: First of all, I agree with the concept that you are only as strong as your weakest link. That said, you also have to have priorities, and the reality is that terrorism is most likely to hit a highly populated urban area. These are funds that are dedicated to terrorism prevention, preparedness, response and recovery, and that's where our focus should be. More than 45 percent of the nation's container traffic comes through California, so our ports and our economy are the fuel for the national engine. When WYOMING and California both get funding based on a share-and-share-alike, same-base formula, that's wrong. It's particularly wrong because of the amount of dedicated funding that goes to that base--40 percent, with each state getting .75 percent of the pot. That means that a lot of states with much lower security risks are getting the same money as we are. 

Congress, DHS, and the House of Representatives have all debated this issue and agreed that we need to change that base formula. But in the Senate, Wyoming, MAINE, CONNECTICUT, MONTANA and DELAWARE have the same two votes as California, and they have their own constituents to answer to. There are also a lot more small states than there are truly big ones, and I think they look, somewhat selfishly, at something other than the long-term picture. Certainly, more money should be going up front to the areas with the most risk and the most needs. 

SNCJ: Many state lawmakers and others have complained that the requirements of the Real ID Act are too intrusive, too costly and present numerous opportunities for cyber crime like identity theft. Supporters say Real ID is essential to combat the kind of fraud that aided the 9/11 terrorists. Where do you stand on Real ID and why? 

Bettenhausen: We believe that it is vital to our efforts to have solid identification in this country, not just for homeland security but also in stopping identity theft. That is not just a problem for the business community, because we know it is a means and method of funding terrorist activity. 

The difficulty here is that while we all agree there are good reasons for the federal government to want Real ID, there is no money to pay for it, which means it is a major unfunded mandate. What is even more galling is that not only does the federal government want states to pay for the majority of the costs to do this--to date the feds have kicked in about $40 million, which barely scratches the surface of what Real ID will cost--but now they want to pay for the cost of making those same changes in federal agencies by charging states a fee to use the document verification services the Act requires. They're expecting states to not only fund their own changes but to also fund the cost of federal agencies doing the job they're already supposed to be doing to begin with. 

SNCJ: The 9/11 Commission made it very clear that they believe another terrorist attack of that magnitude will happen on U.S. soil. In your view, what is the greatest homeland security threat we face? 

Bettenhausen: (long pause) Apathy. The further away we get from 9/11, the less people take it seriously and the more we all fall back into protecting our own vested interests. But global extremists are in this for the long term, and groups like Al Qaeda have made it clear they want to attack America again. We also have to worry about domestic terrorism, so we need to always keep using every tool at our disposal, technology in particular, to keep up. We [homeland security] really are expected to bat 1.000, but no matter how much protection we add we're always going to be vulnerable somewhere. We just can't let our guard down. 
 

-- By RICH EHISEN

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Bird's eye view

States get mixed grades on science standards

KANSAS' decision this year to adopt science standards that question the veracity of evolution caused a storm of controversy and sparked debate nationwide over what schools should be teaching as science. But according to a recent report from the Thomas B. Fordham Institute, a Washington D.C.-based education advocacy group, the Sunflower State is far from the only one to have questionable science education standards. That report, which grades each state on the rigor and clarity of its science standards, says 15 states earned an "F" grade in that regard in 2006, with 16 more earning only a "C" or "D" grade. A total of 19 states garnered either an "A" or a "B" mark. The accompanying map shows the letter grade for every state except for IOWA, which does not publish its standards. The full report can be viewed at http://www.edexcellence.net/foundation/global/index.cfm. 
 

-- Compiled by RICH EHISEN

 
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Budget & taxes

GREGOIRE SAYS STRUGGLING STUDENTS NEED MORE HELP: WASHINGTON Gov. Christine Gregoire (D) proposed that the Evergreen State invest more than $40 million to help struggling sophomores pass the Washington Assessment of Student Learning (WASL), which this year's sophomores must pass to earn a diploma. Fewer than half of the students met those standards on last spring's WASL, and 30 percent of Washington's high school students drop out annually.  Gregoire's proposal, to be submitted in January as part of her 2006 supplemental budget, would allocate $38.5 million--roughly $1,000 per student--to school districts to help students who have struggled on one or more of the WASL's reading, writing and math tests. Districts could choose to use the money for summer school, before- and after-school classes, seminars or tutoring. Gregoire told students the state has failed to ensure they have the academic support they need. "I think we've let you down," she said. "I don't think we've helped you enough, to be perfectly honest." (SEATTLE POST-INTELLIGENCER)

MORE PUFF TAXES IN CA? A coalition of CALIFORNIA healthcare organizations is pushing a $2.60-per-pack tax on cigarettes in order to boost funding of various health programs. The groups hope to get the measure on the November 2006 ballot. If voters go along, California's total tax on a pack of cigarettes would rise to $3.47, the highest in the nation. The initiative combines tobacco tax measures from the California Hospital Association and the American Cancer Society, while the new campaign includes the American Lung Association of California, the American Heart Association and the Campaign for Tobacco Free Kids, among others. Although some observes hypothesized that such a dramatic increase would lead some people to simply quit smoking, at least one tobacco industry representative thinks such a levy would only force people to look for alternatives for buying their smokes. "More likely what you have is people looking for other means to get their cigarettes, usually from other states or on Indian reservations where excise taxes aren't enforced," said Craig Fishel, spokesman for NORTH CAROLINA-based R.J. Reynolds Tobacco Co. (ASSOCIATED PRESS, CBS NEWS) 

BUDGETS IN BRIEF: FLORIDA Gov. Jeb Bush (R) signed legislation that extends the deadline for property tax early-payment discounts to several hurricane-ravaged counties.  The property tax relief package (HB 15B) gives counties that have been declared disaster areas, including Palm Beach, Martin and St. Lucie counties, the option of extending the 4 percent discount period from Nov. 30, 2005, to Jan. 31, 2006; the 3 percent discount from Dec. 31, 2005, to Feb. 28, 2006; and the 2 percent discount period from Jan. 31 to March 31, 2006 (PALM BEACH POST). · Because of cash flow problems involving the distribution of local income tax revenue to counties, INDIANA budget forecasters predicted the Hoosier State's take will be $74.2 million less than expected over the next year and a half. That news is expected to put a major crimp in House Republicans' plans to seek property tax relief in the upcoming session (INDIANAPOLIS STAR). · OKLAHOMA Gov. Brad Henry (D) reached an agreement with lawmakers on a $17 million appropriation for state Centennial projects when the Legislature reconvenes in February. The Sooner State Centennial is Nov. 16, 2007 (OKLAHOMAN [OKLAHOMA CITY]).

-- Compiled by RICH EHISEN

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Politics & leadership

HIGH COURT TO REVIEW TX REMAP: The U.S. Supreme Court made the surprising announcement last Monday that it would hear four challenges to the controversial redrawing of Congressional districts by TEXAS' Republican-controlled Legislature in 2003. Democrats and minority groups claim that the mid-decade redistricting engineered by then-U.S. House Majority Leader Tom Delay was undertaken for purely political reasons and has diluted the voting strength of minorities. But in a similar challenge to a remap in PENNSYLVANIA last year (Vieth v. Jubelirer), the high court ruled 5-4 that there was no acceptable standard for determining excessive partisanship in redistricting. The court had also repeatedly refused to take up challenges to the Texas map. The court's change of course may be due to a confluence of events some observers are calling a "perfect storm" scenario. They include recent news reports that career attorneys at the U.S. Justice Department had objected to the Texas redistricting plan but had been overruled by political appointees at the department, Tom DeLay's recent indictment for alleged violations of Texas campaign-finance laws and the ongoing transition of Supreme Court justices. Some legal experts speculate that the justices' assent to hear the Texas cases may signal that they've decided it may be possible to determine when partisanship goes too far after all. For instance, one of the Texas challenges, Travis County v. Perry, argues that because the redistricting did not take into account population changes in the state since the 2000 census, it violated the constitutional requirement of one person, one vote. Critics have also voiced concerns about the political ramifications of allowing the mid-decade redistricting to stand. For example, Charlie Stenholm, a Democrat who lost his seat in the Texas House after 26 years because of the 2003 redistricting, said, "I have felt for quite some time that unless the Supreme Court steps in and says states may not do what Texas did, we're going to have redistricting every two years in states all over the country as the political power structure changes." The Democrats are optimistic about the Supreme Court's decision to take up the issue. U.S. House Democratic leader Nancy Pelosi of California said she saw it as "a hopeful sign" the court will "restore the Voting Rights Act to its historic role in furthering justice for all Americans." But Republicans were equally upbeat about the news, Texas Gov. Rick Perry, saying he was confident "the Supreme Court will find that every Texas voter has a voice at the ballot box." The cases will begin in the spring, with decisions likely by late June. (ASSOCIATED PRESS, SAN ANTONIO EXPRESS-NEWS, NEW YORK TIMES, CHRISTIAN SCIENCE MONITOR, DALLAS MORNING NEWS) 

TX REMAP FIGHT SPURS HOUSE EXODUS: As of last week, fourteen members of the TEXAS House had announced they would not be seeking reelection next year, including 10 Republicans, eight of whom hold leadership positions. While a few of the members are planning to seek higher office, several conceded they are leaving because they are simply tired of all the partisan bickering. "I'm weary, just tired. Why do you hit yourself in the head with a hammer?" said Rep. Ray Allen (R), chairman of the County Affairs Committee, one of those who's decided not to seek another term. "The answer is, it feels so good when you quit." The seven-term lawmaker said his job used to be fun, because "there was not a lot of rancor." But he said the Legislature's repeated failure to act on school finance and abortive special sessions--six in the last three years--are a sign of how much things have changed. Greg Thielemann, a political science professor at the University of Texas-Dallas, attributes that change to the GOP's 2003 redistricting. "The Republicans, in terms of their leadership, made one terrible error they are still paying for," Theilemann said. "They tackled congressional redistricting before they tackled school finance. It left the chamber so strongly partisan, and the division was so severe." Now, says Rep. Jim Solid (D), another departing member, "We've got a small Washington, D.C...in Austin," adding, "The issues concerning problems of the state, those are being put on the back burner for political play and political games." (HOUSTON CHRONICLE) 

GA LEGISLATURE MAY REVISIT VOTER ID LAW: In the wake of a federal court ruling and an inflammatory U.S. Department of Justice memo, Republican legislative leaders in GEORGIA are saying they might revisit the state's tough new voter ID law. That law, which was pushed through the GOP-controlled Legislature earlier this year over the strong objections of Democrats, requires voters to show photo identification at the polls. It is one of only six such laws in the nation, and one of only two that provide no "fail-safe" provision for voters who lack a photo ID. During the session, and since, Republicans have contended the law is needed to prevent voter fraud, while Democrats have claimed it disenfranchises poor, elderly and minority voters, groups least likely to vote Republican. Although the law took effect in July and was used in a handful of special elections in August and September, a federal judge suspended it in October on the grounds that by obligating voters to obtain a photo ID, which in some cases required them to pay a fee, the state was imposing a form of illegal poll tax. Then, last month, a U.S. Department of Justice memo was leaked to the media in which Rep. Sue Burmeister (R), the primary 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." In response to those developments, the Legislature's GOP leadership is considering changes to the law that would make it easier for residents to obtain IDs. For instance, they may strike the provision of the law allowing voters to obtain a photo ID for free only if they sign a form declaring they are indigent and can't afford it, and waive the fee altogether. "The only reason we did that to begin with was to be good stewards with the state's resources," said Sen. Cecil Staton (R), chief sponsor of the Senate version of the voter ID bill. Staton said they may also increase the number of places voters could go to obtain IDs. Bill Bozarth, executive director of Common Cause of Georgia, said he supports such changes. "We're going in a direction where Americans are going to have to have some form of ID," he said. "What we have is a temporary fight in Georgia about something that's going to be overtaken by national standards." But others disagree with that view. "I don't see this as inevitable," said Jennifer Owens, executive director of the Georgia chapter of the League of Women Voters. "A fundamental right in the Constitution is the right to vote, and it doesn't specify that you need a photo ID." Owens also chastised Georgia for being in such a rush to become more restrictive than other states on the issue. But Staton shrugged off that criticism. "I'm not terribly worried about what other states are doing," he said. "I would like to lead rather than follow." (ATLANTA JOURNAL-CONSTITUTION, ALBANY HERALD)

BALLOTS GET FIXED IN WA: What would happen if election workers were allowed to fix ballots when voters didn't fill them out properly instead of just tossing them out? That's exactly what happens in the state of WASHINGTON. In fact, it happened more than 100,000 times in last month's election. Because Washington is a "voter-intent" state, election officials there bend over backwards to carry out the will of every voter. That includes not only duplicating ballots that are torn or mangled in the mail, but also redoing ballots that tabulation machines can't read because the ovals are filled out with highlighters or are marked with "Xs," or because voters wrote editorial comments on their ballot or even crossed out candidates they selected by mistake. The correction efforts have gone relatively unnoticed for years, but last year's extremely close and contentious governor's race has placed the whole Evergreen State election process under greater scrutiny. The fact that in nine of the state's largest counties, including King County, which was at the center of last year's gubernatorial election battle, new ballots were filled out for one of every 12 cast on Nov. 8 has some calling for the state to do away with the voter-intent concept altogether. "This whole process makes us very nervous," says state Republican Party chairman Chris Vance, adding that "in a close election you'll have the staff of King County Elections handling those ballots. And they are Democrats." Paul Berendt, the state Democratic Party chairman, countered, "The Republicans want to throw out 8 percent of the votes of the people of Washington. Thomas Jefferson would be rolling in his grave." Secretary of State Sam Reed (R) said newer tabulating machines--which aren't as fussy as older ones--would help to alleviate the problem, but voter education was the real key. And election officials say that could take some time. As one put it, "People do not read instructions if they feel they know how to do something, and they think they already know how to vote." (SEATTLE TIMES) 

POLITICS IN BRIEF: Four Midwestern states--IOWA, KANSAS, MISSOURI and NEBRASKA--have agreed to create a task force to study ways of cross-checking their voter rolls. The move is aimed at reducing the problem of people registering to vote in more than one state (ASSOCIATED PRESS, JEFFERSON CITY NEWS TRIBUNE). · The VERMONT Democratic Party decided last week that it will start endorsing candidates before the state's September primary elections. The action mirrors the state Republican Party's decision earlier this year to allow committee members to choose candidates before the primaries by straw poll. Democratic Party chairman Ian Carleton said, "The reality of politics in the 21st century is that elections get going sooner than has previously been the case in Vermont" and that waiting until September to select its candidates would hurt the party (RUTLAND HERALD). · CALIFORNIA Gov. Arnold Schwarzenegger (R) chose 57-year-old San Francisco appellate Judge Carol Corrigan as his nominee to replace Supreme Court Justice Janice Rogers Brown, who was appointed to the federal appeals court in Washington, D.C. Corrigan, a moderate Republican, is expected to reinforce the court's centrist reputation (SAN DIEGO UNION-TRIBUNE). · State officials gathered at a summit on Latino and Hispanic affairs in Kansas City, MISSOURI two weeks ago said they may form a national organization to advance their positions on immigration issues in the nation's capital (ASSOCIATED PRESS, ST. LOUIS POST-DISPATCH). · OHIO Secretary of State J. Kenneth Blackwell announced Dec. 9 that the state's new voter registration database is up and running. Blackwell said the "extremely secure and up-to-date voter file," funded through the federal Help America Vote Act, will allow the state to "quickly resolve voter registration accuracy and duplication issues" (ASSOCIATED PRESS, BEACON JOURNAL [AKRON]).
 

-- Compiled by KOREY CLARK

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ONE AND DONE FOR ROMNEY: MASSACHUSETTS Gov. Mitt Romney (R) announced he will not run for a second term next year, fueling speculation he will instead seek the 2008 Republican presidential nomination. Romney tried to sidestep that topic in his announcement, saying that "With regards to what happens down the road, we'll let the future take care of itself," although he did acknowledge that "the future is wide-open." If he does run for the GOP nomination, Romney can lay claim to several successes in Massachusetts, including closing a $3 billion budget deficit without raising taxes, streamlining government, enacting a rebate for capital gains taxes, and student scores that are first in national math and science tests. But Critics also note that many of his efforts--to restrict gay marriage, to enact the death penalty, to limit stem cell research--were rejected by the Democrat-dominated Legislature. Stuart Rothenberg, an independent political analyst in Washington, says that leaving now can only help Romney if he is really serious about running for the White House. "He doesn't want to run for re-election because he could possibly get beat," Rothenberg said. "And he doesn't want to run for re-election because he could possibly win, and then have to turn around and start running for president immediately." With Romney out of the race, most observers expect his 2002 running mate, Lt. Gov. Kerry Healey, to seek the GOP nomination. Attorney General Tom Reilly and former Clinton administration official Deval Patrick have been battling for the Democratic nomination. (ASSOCIATED PRESS, BOSTON GLOBE)

GREAT LAKES GOVS SIGN OFF ON WATER DEAL: Governors from the five Great Lakes states and the premiers of Ontario and Quebec last week agreed to ban new or increased diversions of water from the Great Lakes and St. Lawrence River to other watersheds outside that drainage area. OHIO Gov. Bob Taft (R) and WISCONSIN Gov. Jim Doyle (D) were on hand to sign the deal, while Govs. Jennifer Granholm (D) of MICHIGAN, Rod Blagojevich (D) of ILLINOIS, George Pataki (R) of NEW YORK, Mitch Daniels (R) of INDIANA, Tim Pawlenty (R) of MINNESOTA and Ed Rendell of PENNSYLVANIA (D) have pledged to sign the accord. The deal must still be ratified by all eight state legislatures and Congress before it can become law. The accord, which was four years in the making, was motivated largely by fears that arid Southwest states undergoing a record population boom will soon try tapping into the lakes, which hold 90 percent of the nation's fresh surface water. Doyle called the agreement necessary to forestall that possibility and to protect the Great Leaks environment, saying, "The lakes represent a fresh water ecosystem that's unique on our planet, supporting thousands of species, including human beings. These agreements will protect our Great Lakes from the threats of diversions outside this basin." (MILWAUKEE JOURNAL-SENTINEL, INDIANAPOLIS STAR)

BLANCO BATTLES CONGRESS OVER KATRINA RESPONSE: LOUISIANA Gov. Kathleen Blanco (D) told a Congressional committee last week that the federal government has a responsibility to help rebuild levee systems in New Orleans. In an often tense and confrontational hearing, Blanco testified that, "This [fixing levees] is our number one priority. As I've said before, if the levees had not failed, we wouldn't be having this hearing." But Blanco also faced strong criticism from several Republicans who questioned why she failed to order a mandatory evacuation of New Orleans until the morning before Katrina hit. FLORIDA Rep. Jeff Miller (R) sharply questioned Blanco's assertion that, "We got 1.2 million people out. We ended up saving another 100,000 people and we lost 1,100." Miller called that "a story that's not acceptable because 1,100 people is one half of the men and women we have lost in Operation Iraqi Freedom." The comment clearly angered Blanco, who fired back that "it's not acceptable for us to lose...soldiers, either." Meanwhile, the chairman of the House committee rejected a proposal to subpoena the White House for internal e-mails, memos and Katrina-related documents. (ASSOCIATED PRESS)

BALDACCI REACHES TRADE AGREEMENT WITH CUBA: Maine Gov. John Baldacci (D) last week signed a deal with Cuban officials that calls for the island nation to purchase $20 million in products from Pine Tree State companies by July, 2007. The agreement finalized and expanded on a preliminary $10 million export agreement signed last year. The expedition was the latest and by far the most fruitful such trip for Baldacci, as the Cuban agreement totals more sales commitments than previous trade missions to France, the United Kingdom, Ireland, Germany and Italy combined. But the agreement, and Baldacci's meeting with Cuban leader Fidel Castro, also drew strong criticism from Senate Minority Leader Paul Davis (R), who said it undermines American foreign policy and lends legitimacy to Castro's communist regime. "It's fine for Maine farmers to be able to sell food to the people of Cuba, within federal law," Davis said. "It was not necessary for the governor to make a personal appearance and become a propaganda tool against our own government. It is not proper for the governor of Maine to be providing a brutal dictator with good publicity." Baldacci denied the trip was political, saying, "There was no politics being discussed. It was all about business and what was happening." (PORTLAND PRESS HERALD, BOSTON GLOBE)

GOVERNORS TACKLE WEIGHTY ISSUE: Governors made easing the national obesity epidemic their top priority at the annual National Governors Association meeting last week. Governors from several states got together in ARIZONA to discuss NGA chairman and ARKANSAS Gov. Mike Huckabee's (R) ongoing effort to combat what he calls "the greatest health risk America has ever seen." Huckabee has taken up fighting obesity since he himself lost more than 100 pounds two years after being diagnosed with Type 2 diabetes. Governors spent two days hashing out a number of ways to battle the bulge, including an Arkansas plan that allows state employees who lose weight to get up to $40 a month off of their monthly health premiums and a $20 discount if they don't smoke. They are also allowed to exercise 30 minutes a day during work hours. "This is not something that will be accomplished in an election cycle. We're going to have to change this over a generation," He said. (ARIZONA REPUBLIC [PHOENIX]) 

GOVERNORS IN BRIEF: CALIFORNIA Gov. Arnold Schwarzenegger's (R) very high profile denial of clemency for Stanley "Tookie" Williams, a convicted murderer and co-founder of the notorious Crips street gang, will likely not be Schwarzenegger's last clemency decision. At least five more Golden State death row inmates are scheduled for execution in 2006 (ORANGE COUNTY REGISTER). 
 

-- Compiled by RICH EHISEN

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Here are some of the stories you will see in upcoming issues of the State Net Capitol Journal:  TEXAS telco's this year got a free pass into providing video services. Will other states follow suit?  In January, an exclusive interview with WASHINGTON Gov. Christine Gregoire  And many more...

BUSINESS: The NEW JERSEY Assembly unanimously approves AB 1079, which would prohibit the expiration or reduction in value of retail gift cards until two years after they have been purchased. Card issuers would also be barred from reducing the value of expired cards by more than $2 per month. The bill now gets presented to Gov. Richard Codey (D) for consideration (STAR-LEDGER [NEWARK]). · The ILLINOIS Supreme Court snuffs out a $10 billion class-action lawsuit against Philip Morris USA, ruling the company did not mislead customers about the health impact of its "light" cigarettes. The verdict overrules a decision from a lower court (ST. LOUIS POST-DISPATCH). 

CRIME & PUNISHMENT: The NEW JERSEY Assembly endorses AB 3828, which would require bounty hunters to register with the state and undergo a criminal background check before chasing down fugitives. Any bounty hunter found working in the Garden State without a license would face up to 18 months in prison and a $10,000 fine. The measure now flees to the Senate (STAR-LEDGER [NEWARK]). · MISSISSIPPI becomes the 44th state to link to the federal Department of Justice National Sex Offender Public Registry Web site. The DOJ site allows visitors real-time access to sex offender data from all participating states with a single Internet search. Only ALASKA, OREGON, SOUTH DAKOTA, NEW MEXICO, INDIANA and CONNECTICUT are not currently linked to the site (CLARION-LEDGER [JACKSON]). 

EDUCATION: Out-of-state students at the University of CALIFORNIA file suit to challenge the state's 2001 law that allows certain illegal immigrants to pay in-state tuition at public universities and community colleges. To qualify for lower in-state tuition, students must have attended three years of high school in California, graduated from a Golden State school and gained admission to one of the state's universities or colleges. California is one of nine states that allow undocumented immigrants to pay in-state tuition (LOS ANGELES TIMES). · An ARIZONA legislative panel endorses a proposal that would require Grand Canyon State elementary and middle school students to get at least 90 minutes of physical education a week. Half of that time would be dedicated to actual physical activity, with the rest committed to health education. The recommendation now runs off to the full Legislature (ARIZONA DAILY STAR [TUCSON]). 

ENVIRONMENT: Energy officials in CALIFORNIA propose to offer $3 billion in energy rebates to homes, businesses, farms, schools and public buildings that install rooftop solar panels. The plan would call for the installation of 3,000 megawatts of solar energy panels on one million homes, businesses and public buildings over the next decade. A final vote on the proposal comes next month after a 30-day public comment period (SAN DIEGO UNION-TRIBUNE). · MASSACHUSETTS and RHODE ISLAND drop out of the multi-state pact to reduce carbon dioxide emissions from Northeast power plants. Massachusetts Gov. Mitt Romney (R) cited the lack of a cap on what those plants would have to pay to emit pollution, saying that without such a limit, businesses and consumers could face increased energy costs. Seven other states--VERMONT, MAINE, DELAWARE, NEW JERSEY, NEW HAMPSHIRE and CONNECTICUT--signed the accord (BOSTON GLOBE). 

HEALTH & SCIENCE: A joint VERMONT legislative committee endorses a five-year plan to create a health agency that will operate as a health maintenance operation responsible for all aspects of the Green Mountain State's Medicaid program. Supporters say the plan, the first of its kind in the nation, will allow the state more flexibility in spending federal Medicaid funds on health programs of its own choosing (BURLINGTON FREE PRESS, RUTLAND HERALD). 

HOMELAND SECURITY: A federal judge rules that the U.S. Dept. of Homeland Security has the legal right to waive environmental and other laws that have delayed completion of 14 miles of border fencing in CALIFORNIA. Environmental groups claimed that DHS Secretary Michael Chertoff did not have the right to override those laws in ordering the fence's construction. Those groups also claim the fence will irreparably damage coastal wetlands (ORANGE COUNTY REGISTER). 

SOCIAL POLICY: The NEW JERSEY Assembly approves AB 292, which would mandate that health insurers that provide benefits for prescription drugs also would have to cover the cost of prescription female contraceptives. The bill would exempt employers affiliated with religious organizations that object to birth control. Religious hospitals, however, would not be exempted. It heads to Gov. Richard Codey (D), who is expected to sign it into law (STAR-LEDGER [NEWARK]). · The MICHIGAN House and Senate approve HB 5438, which would limit welfare recipients to no more than four years of cash assistance. The cutoff point would not apply to the disabled, those who are taking care of a disabled relative or the mentally ill. Lawmakers also passed HB 5441, which would enact penalties for recipients that fail to meet the state's work or training requirements. The first two offenses would mean a 90-day moratorium on assistance; a third offense would lead to a two-year ban on state aid. The bills move to Gov. Jennifer Granholm (D) (DETROIT NEWS).

POTPOURRI: In an effort to reduce clutter on Wolverine State roadways, A MICHIGAN Senate committee endorses a proposal to ban the issuing of new billboard permits unless the applicants agree to give up their current permits first. The measure goes on display in the full Senate next month. Only four states -VERMONT, ALASKA, HAWAII and MAINE -­ currently do not allow billboards along state roads (SOUTH BEND TRIBUNE). · The WISCONSIN Assembly approves a measure that would allow Badger State residents who undergo special training and obtain permits to carry a host of concealed weapons, including handguns, knives, electric stun guns, and batons. The bill must return now to the Senate, which approved a slightly different version last week. Gov. Jim Doyle (D) has vowed to veto the bill right out in the open (CAPITAL TIMES [MADISON]).
 

-- Compiled by RICH EHISEN

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UPCOMING ELECTIONS (12/15/2005 - 01/05/2005) 12/27/2005  Minnesota  Special Election     House  15B     Senate  015 01/03/2006  Virginia  Special Election     House  003     Senate  004  TOP OF PAGE

Once around the statehouse lightly

FISH STORY: The notion was innocent enough: Sell political memorabilia to help raise money for the Democratic Party in WASHINGTON state. But as the Seattle Times reports, one of the sale items raised more hackles than cash: a Christian fish symbol decorated with the word "hypocrite" and affixed to a magnet. Democratic officials removed the offending fish after a radio station asked about it. They also apologized, while assuring the public that none of the magnets had been sold. Meanwhile, a Republican legislator--ever on the prowl for points to score--criticized Democrats for even having people on staff "who think that way." Rep. Doug Ericksen added, "You would never see anything on a Republican Web site demeaning Judaism or the Islamic faith." How is one to take that last comment? Did Ericksen mean to imply that most Republicans are Christian and therefore Democrats must be Jewish or Muslim? 

DO UNTO OTHERS: A few months ago, CONNECTICUT Gov. Jodi Rell made something of a splash by pointing to her administration's strict ethics policy. After all, notes the Hartford Courant, Rell fancies herself a champion of clean campaigns, and a key part of her ethics policy focuses on fundraising. Just two weeks ago, she signed new campaign-finance reform legislation, and Rell herself now and then reminds appointees that it is illegal for them to solicit campaign contributions. That's why it came as something of a surprise last week when Rell's chief of staff used state time to give those same appointees invitations to a fundraiser. More significant, she asked the appointees to distribute the invitations. The chief of staff apologized for what she characterized as an inadvertent gaffe. Rell expressed disappointment. A commission may investigate. 

REASONABLE DEFENSE, TO A POINT: The state of INDIANA has permanently barred a Superior Court judge from ever again serving on the bench. His fatal offense, reports the Indianapolis Star: fibbing about an incident during which the judge pulled a gun. Seems that Judge L. Benjamin Pfaff was searching for his runaway teenage daughter when he went armed to the apartment where he thought she might be living. Although a special prosecutor declined to charge Pfaff because his actions could "legitimately be classified as a reasonable defensive move," the State Supreme Court lasered in on another part of the incident when it banned Pfaff from the bench: He lied about the confrontation when questioned by authorities.

MIDNIGHT AUTO PARTS: The MAINE-owned pick up was parked at a shop, waiting for its communications equipment to be removed so the truck could be retired from state service and sold at auction. But according to MaineToday.com, some private citizens beat authorities to the punch. The thieves didn't target the usual equipment, however. Instead, they filched the entire rear-end assembly--tires, axle, hubs, nuts, bolts. Actually, it wasn't exactly a pure theft; more like a trade. The thieves left some of their equipment--the jacks used to prop up the truck while they removed the assembly. "A professional job," commented a state trooper investigating the robbery. 

SEAT PENDING: Randy Hale still has not taken the oath of office as a trustee for the Romoland School District in Southern CALIFORNIA. Hale was elected in November, but as we reported at the time, it was going to be a little tricky for him to assume his seat in December. That's because Hale will be confined to the California Institution for Men in Chino until mid February due to a parole violation. Now, reports the Riverside Press-Enterprise, the Romoland district has asked Hale to resign so it can hold another election to fill what would then be a vacancy. Hale has indicated that he will not resign, forcing the district to remove him. Meanwhile, local authorities may save the district the trouble. It is unclear at the moment whether Hale was even eligible to vote and serve because according to state law, those on parole for felony convictions cannot register to vote--much less hold office. Hale did both. The matter is under investigation. 
 

-- By A.G. BLOCK

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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