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C A P I T O L J O U R N A L
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News & Views from the 50 States
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Volume XIV, No. 37 Monday, December 18, 2006
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##### TOP OF THE NEWS #####
SNCJ SPOTLIGHT ............................1
* Issues 2007: The push for
universal healthcare
BUDGET & TAXES ............................2
* States keep federal sales tax
break
POLITICS & LEADERSHIP ............................3
* Legislative downsizing finally
coming to PA?
GOVERNORS ............................4
* Congressional illness puts Rounds
on hot seat
IN THE HOPPER ............................5
HOT ISSUES ............................6
ELECTIONS ............................7
LEGISLATIVE LINEUP ............................8
ONCE AROUND THE STATEHOUSE LIGHTLY ............................9
*** See you next year ***
This is the final issue of the State Net Capitol Journal for
2006. From all of us to all of you, have a peaceful and happy
holiday season. We will back with a new issue on January 8, 2007.
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***** #1--SNCJ SPOTLIGHT *****
Issues 2007: The push for universal healthcare
When MASSACHUSETTS and VERMONT passed widely touted universal
health care measures earlier this year, many observers predicted
a number of other states would soon follow suit. Although that
did not happen - nine other states ultimately rejected similar
proposals - ever increasing health care costs and a lack of
Congressional action to address the matter at the federal level
has several states again primed to take a serious look at
developing some form of a universal health care system of their
own in 2007.
The push to find a way to provide medical insurance for some of
the estimated 45 million Americans currently without such
coverage is not new. HAWAII was actually the first state to
approve a form of universal health care way back in 1974 when it
passed the Prepaid Health Care Act (PHCA), which required
employers to offer health care coverage to full time employees.
But the PHCA also exempts part-time workers, their dependants and
the unemployed, leaving many Aloha State residents still
uninsured. NEW YORK later adopted the Healthy NEW YORK program in
2001, which provides state-subsidized insurance for employers of
low-wage workers, sole proprietors and individuals, with the
Empire State paying 90 percent of medical claims between $5,000
and $75,000. Then in 2003, MAINE adopted its version of universal
health care when it approved the Dirigo Health Reform Act, which
promised to provide full public access to medical coverage by
2009. None of these, however, were as encompassing or as
immediate as what MASSACHUSETTS and VERMONT adopted in 2006.
NEW JERSEY, NEVADA, OREGON, ILLINOIS, CALIFORNIA, MARYLAND,
MISSOURI and MONTANA are among those states now working on or
studying universal health care. Most proposals under
consideration resemble the MASSACHUSETTS and VERMONT programs,
which, while very similar, are also distinct. The MASSACHUSETTS
plan, for example, treats health insurance in the same manner as
car insurance by mandating that everyone in the state must buy it
by July 1, 2007 or face having the bulk of the premium for a
state-sponsored plan be collected from their annual state income
tax return. The Bay State also forces employers with more than 10
employees to either provide health coverage or pay up to $295
annually per employee into a state fund that covers the cost of
insuring those workers.
In contrast, the VERMONT program - known as Catamount Health -
does not force anyone to buy insurance, instead offering every
resident a chance to voluntarily purchase a comprehensive
state-approved health plan with premiums that are subsidized on a
sliding scale, according to income. Catamount does, however,
require employers that don't offer their workers healthcare
coverage to pay the Green Mountain State a subsidy of $365 for
each uncovered employee.
The ILLINOIS, NEW JERSEY, CALIFORNIA and MARYLAND proposals have
so far opted to consider the mandatory-purchase model used in
MASSACHUSETTS. OREGON's plan, which was tentatively approved by a
state Senate commission on Dec. 9, would not be mandatory,
although those choosing not to participate would lose their
personal state income tax deduction. That plan will need to be
endorsed by Beaver State lawmakers next year before it can go
into effect.
But gaining legislative approval for any kind of universal health
care plan is far more likely to be determined by dollars and
cents than by whether it is voluntary or required. In ILLINOIS,
for instance, initial cost estimates for the plan endorsed by the
state's Adequate Health Care Task Force exceed $5 billion a year
- $3.6 billion in new state expenditures and another $1.5 billion
in additional employer costs. That dollar figure has some Prairie
State lawmakers already considering the proposal dead on arrival.
"Everyone agrees it would be great if we could give health
insurance to more people. But it's very difficult," says state
Sen. Dale Righter (R). "It's hard to imagine these
recommendations will be taken seriously, since no funding
mechanism has been suggested."
The song remains the same in NEW JERSEY, where a proposal to
force every resident to obtain their own coverage or to enroll in
a state-subsidized plan is expected to cost $1.7 billion in the
first year alone. Ditto in CALIFORNIA, where a plan unveiled last
week by Senate Pro Tem Don Perata (D) carried estimated costs of
between $5 billion and $7 billion. That proposal is one of many
plans already pre-filed this session, with at least one more to
come - a highly anticipated proposal from Gov. Arnold
Schwarzenegger (R), who is said to be highly enamored of the
MASSACHUSETTS system.
PULL QUOTE: "Everyone agrees it would be great if we could give
health insurance to more people. But it's very difficult."
But while many universal health care supporters openly point to
MASSACHUSETTS as a model, there is also concern in many states
that what works for one will not necessarily work for others. For
example, CALIFORNIA has a much higher percentage of uninsured
people than does MASSACHUSETTS - 21 percent compared to the Bay
State's 13 percent - and NEW JERSEY has almost twice as many
uninsured residents as MAINE, VERMONT and MASSACHUSETTS combined.
Even OREGON has far more uninsured residents than does
MASSACHUSETTS - 600,000 compared to the 400,000 in the Bay State.
But many of the people who helped craft the MASSACHUSETTS measure
agree with critics who say there is no one-size-fits-all solution
when it comes to health care coverage. They insist that other
states need to focus not on the specific details of their law,
but rather on the mechanics of how it got accomplished.
"We tell people not to look at our law as a policy blueprint
where you can just take the architectural drawings and lay them
over another state," says John McDonough, executive director of
Health Care for All, one of the advocacy groups behind the law.
"It's a political blueprint. You can take the dynamic and the
ideas to trigger a new and more ambitious conversation in your
state."
Victoria Burgess, healthcare policy analyst for the MASSACHUSETTS
Taxpayers Foundation, concurs, suggesting that interested states
should not necessarily focus on the law as a whole, but instead
remember that, "there are parts of the Massachusetts law that can
be exportable."
Whether they do or not remains to be played out in statehouses
across the country. But while some states are clearly looking to
MASSACHUSETTS or VERMONT as an example to follow, PENNSYLVANIA
Gov. Ed Rendell (D) made it clear last week that his state is not
going to be one of them. Rendell is putting together a proposal
to expand his state's health care coverage to include roughly
another million Keystone State residents, but he said he is not
interested in universal coverage.
"I'm not proposing a single-payer system," Rendell said. "A
single-payer system means that [a private employer] doesn't need
to have its own health-care plan because everyone goes into one
statewide plan, but then everyone pays significant taxes to fund
that plan. We think that is less achievable and less workable."
PULL QUOTE: "A single-payer system means that [a private
employer] doesn't need to have its own health-care plan because
everyone goes into one statewide plan."
Rendell isn't the only one who doesn't like the idea of universal
health care. Critics have long warned that such a system would
cost too much, could limit patient choice and force healthy
taxpayers to pay more to cover unhealthy ones. And, without
question, those people already distrustful of the bureaucratic
pitfalls of government are concerned about handing over their
health needs to the state.
But whatever systems do come into play, they will likely all
remain at the state level. Even with the recent Democratic
takeover in Congress, the political reality that many of the new
Dems coming in are as fiscally conservative as their GOP
counterparts has convinced most people not to expect significant
health care reform any time soon. That has led to a growing push
in Congress to let the state continue being the laboratory for
figuring out which systems work best and why. To that end, at
least three bills were introduced this year in Congress that
would encourage states to keep experimenting, with a
Congressional commission set up to examine each of them as they
come on line. The better ones would then get introduced into
Congress for possible federal consideration.
That reasoning speaks not only to Congressional gridlock, but
also again to the reality on the ground that no single plan is
likely to work perfectly for everyone. Democratic Sen. Russ
Feingold of WISCONSIN, who authored one of the Congressional
measures, put it succinctly last month when he said, "Universal
coverage is necessary. But I think states will vary on exactly
how they go about it."
Regardless of whether it is universal health care, a different
single-payer system or some combination of plans and ideas, most
lawmakers agree that the only thing that cannot happen is to
maintain the status quo.
PULL QUOTE: "This is about curing a system that is broken and
always has been."
"This is about curing a system that is broken and always has
been," says NEW JERSEY Senate Health Committee Chairman Joseph
Vitale (D), who is spearheading the Garden State's effort toward
a universal program. "It is maddening to know we have a better
way to do something, and yet we are spending billions of dollars
for something that doesn't do anybody good." (STAR-LEDGER
[NEWARK], LOS ANGELES TIMES, ASSOCIATED PRESS, KANSAS CITY STAR,
SAN DIEGO UNION TRIBUNE, CHICAGO TRIBUNE, PHILADELPHIA INQUIRER,
OREGONIAN [PORTLAND] BOSTON GLOBE, NATIONAL CONFERENCE OF STATE
LEGISLATURES, NEW YORK TIMES, STATE JOURNAL REGISTER
[SPRINGFIELD])
- Compiled by RICH EHISEN
*****************************************************************
***** #2--BUDGET & TAXES *****
STATES KEEP FEDERAL SALES-TAX BREAK: Taxpayers in seven states
without an income tax - FLORIDA, NEVADA, SOUTH DAKOTA, TENNESSEE,
TEXAS, WASHINGTON and WYOMING - will likely be able to continue
to claim a deduction for sales taxes on their federal income-tax
returns, thanks to a tax package passed by the U.S. Congress
shortly before it adjourned on Dec. 9.
The sales-tax break, created to level the playing field for
citizens who don't reside in states that allow taxpayers to
deduct state and local taxes from their federal taxable income,
actually expired on Dec. 31, 2005. But under the congressional
tax package, the break would be extended retroactively to cover
2006. It would also expire at the end of 2007, but could be
routinely extended like other tax cuts.
The sales-tax deduction is technically available to taxpayers in
all 50 states, but since people usually pay more in local and
state income taxes than in sales taxes, it is seldom claimed
outside the 41 states that collect income taxes. The two other
income tax-free states, ALASKA and NEW HAMPSHIRE, also have no
state sales taxes, so there's not much call for the break there
either.
Critics of the sales-tax break claim it only benefits the
wealthy. They point out, for instance, that in 2004, the
deduction was claimed by only 8 percent of TEXAS taxpayers who
earned less than $50,000, while it was claimed by 66 percent of
taxpayers earning over $100,000.
PULL QUOTE: "... residents in states whose leaders have been wise
enough to avoid a state-level income tax shouldn't have to suffer
under the federal tax code."
But the National Taxpayers Union supports the tax break. "Our
position on the sales-tax deduction is that residents in states
whose leaders have been wise enough to avoid a state-level income
tax shouldn't have to suffer under the federal tax code," said a
spokesman for the organization. And with President Bush expected
to sign the bill, it looks as though that view will prevail.
(STATELINE.ORG)
CONGRESS GIVES GO-AHEAD TO GULF DRILLING: In the closing hours of
its 109th session, the U.S. Congress approved an historic deal
that would open over eight million more acres in the Gulf of
Mexico to oil and gas drilling and grant four Gulf States a share
of the proceeds that would be generated.
Expanding drilling in the Gulf is an idea that has been kicked
around in Congress for years, but it took a combination of the
rise in international oil prices and the need for funds to
support investment in regions devastated by recent hurricanes -
along with some 11th-hour maneuvering - to finally win its
approval.
Gulf-coast states had long objected to the fact that they
received little benefit from offshore drilling despite bearing
the brunt of its negative effects. And the damage they suffered
as a result of hurricanes Katrina and Rita made their plight
harder to ignore. So, for the first time, a major share of the
drilling royalties was offered to four of the states: ALABAMA,
LOUISIANA, TEXAS and MISSISSIPPI. Under the terms of the deal,
half of the royalties would go to the U.S. Treasury, 12.5 percent
would go to the Land and Water Conservation Fund and the
remaining 37.5 percent would be divided among the four states,
with each state's individual share determined by its proximity to
the drilling and its historical production rate.
On the final day of the session, that deal was attached to two of
the last pieces of legislation moving through Congress, a tax
bill in the House and a trade bill in the Senate. The House bill
passed by a margin of 367-45 and the Senate bill passed 79-9.
And although the Bush administration initially opposed the
revenue-sharing idea, the president seemed to have warmed up to
it. "Developing these reliable domestic resources in an
environmentally sound manner will help address high energy
prices, strengthen our energy security and protect manufacturing
jobs," he said in a statement. (BIRMINGHAM NEWS)
CONGRESS ALLAYS STATES' MEDICAID WORRIES: Last February, the Bush
administration announced it was going to crack down on the common
practice among states of using so-called "provider taxes" to
increase the amount of federal matching funds they recoup through
the Medicaid program. (According to the Kaiser Commission on
Medicaid and the Uninsured, 42 states employ that tactic.)
The Department of Health and Human Services was planning to issue
a new rule cutting the maximum tax rate states could impose on
health care providers by half, from 6 percent to 3 percent. But
Congress spoiled the agency's plan by passing legislation before
it adjourned that lowered the maximum rate to 5.5 percent. That
action is still expected to cost states $200 million over the
next five years. But the Bush administration's plan would likely
have cost them $2.1 billion.
Congress also took action to shore up states' Children's Health
Insurance Programs (S-CHIP), particularly those that were in
danger of being scaled back as early as this spring because of
funding shortfalls. Instead of coming up with the additional $920
million that would have been needed to keep all of the states'
programs operating at their present level, Congress merely
altered the funding formula for allocating S-CHIP funds,
diverting funds from states with surpluses to those with
deficits. (STATELINE.ORG)
CA TAX OFFICIALS STICK IT TO INTUIT: Early in 2005, CALIFORNIA
launched a pilot program called ReadyReturn that allows taxpayers
with the simplest returns - single filers with only one employer
and no complicated deductions - to have their returns done for
them by the state. Despite the fact that 96 percent of the 11,000
taxpayers who used the program last year said they would use it
again, the Legislature, after a $1 million lobbying campaign by
Intuit, maker of the popular tax-preparation program TurboTax,
allowed the program to die last summer.
But this month, the state's Franchise Tax Board voted to revive
the program and expand it to 1 million taxpayers after receiving
legal opinions from board and legislative staff indicating they
had the authority to do so. "I absolutely have come to believe
that ReadyReturn is the right thing to do," said Tax Board member
and outgoing state controller Steve Westley.
Intuit and anti-tax and business groups denounced the board's
action, contending that there is already an IRS-backed program
known as Free File that provides TurboTax to low-income filers
free of charge. "ReadyReturn is a costly example of government
redundancy in an area already served by a competitive private
industry through the Free File Alliance, at no cost to the state
and no cost to the taxpayer," the company said in a statement.
"Better choices are available than to expand the role of the
[Franchise Tax Board] in the lives of CALIFORNIA taxpayers."
Officials at Intuit declined to comment on whether they would
challenge the Tax Board's move in court. Should they decide to do
so, however, they probably wouldn't be the only plaintiffs in the
suit, with business groups across the country eager to prevent
the spread of ReadyReturn to other states. (LOS ANGELES TIMES)
- Compiled by KOREY CLARK
*****************************************************************
***** #3--POLITICS & LEADERSHIP *****
LEGISLATIVE DOWNSIZING FINALLY COMING TO PA? Just about every
year, one PENNSYLVANIA lawmaker or another introduces a bill
aimed at reducing the size of the state Legislature - legislation
that inevitably goes nowhere. But next year may be a little
different. Some believe last session's pay-raise scandal and an
incoming group of reform-minded lawmakers make 2007 ripe for
downsizing. "It's more doable now than ever," says Sen. John
Pippy (R), who sponsored legislation last session to cut both
houses by more than a third. "Before, it was difficult to even
get people to talk about it. Now the question should be, 'Why
not?'"
With 253 members, a staff of 3,000 and an annual operating budget
of $348 million, the PENNSYLVANIA legislature is one of the
nation's largest and most expensive to operate. NEW HAMPSHIRE's
legislature, at 424 seats, is bigger, but it's a citizen
legislature in the classic sense, with members paid only $100 a
year.
PENNSYLVANIA Gov. Ed Rendell (D) supports the idea of downsizing.
And the state's top legislative leaders are at least willing to
consider it. Sen. Joseph Scarnati (R), who will be president pro
tempore of the chamber next year, said, "I think we need to have
the public debate," although he added, "If it's just about saving
money, there are a lot of other ways to save money."
PULL QUOTE: "PENNSYLVANIA is still the baby-step state..."
And the man who's promoted the cause longer than anyone thinks
it's still a long shot. "PENNSYLVANIA is still the baby-step
state, even though circumstances have changed," said former House
and Senate member Allen Kukovich, who introduced downsizing
measures from 1978 to 2004.
The process definitely involves more than baby steps. Reducing
the size of the legislature requires a change to the state
constitution, which means that a measure would have to be passed
in two separate legislative sessions and then be approved by the
state's voters. (PHILADELPHIA INQUIRER)
NO MORE DISCLOSURE EXEMPTION FOR DEPARTING AK LAWMAKERS: For
nearly three decades, outgoing ALASKA legislators have not been
required to file financial disclosure statements for their last
year in office, due to a controversial legal ruling in 1977 which
decreed that an exemption for former members of the Legislature
in the state's ethics law applied even to those legislators who
had just left office. But it looks as though this year's crop of
retirees will not be shown that particular courtesy.
As a result of an FBI-investigation of several lawmakers - one of
whom, outgoing Rep. Tom Anderson (R), was indicted last week by a
federal grand jury on seven felony counts, including bribery,
extortion and money laundering - the state's Select Committee on
Legislative Ethics issued a binding opinion requiring all
legislators and staffers to file disclosures. The committee said
that exempting newly-former lawmakers from reporting requirements
created too great an opportunity for ethics violations.
But one legislator who lost his bid for re-election last month,
Sen. Ralph Seekins (R), pointed out a flaw in the new policy.
Seekins said he didn't have a problem complying with the policy
himself, but wondered how much of a deterrence it would be for
those who were less inclined to go along with it. "They can't be
kicked out of the Legislature. They can't be censured by the
Legislature," he said. Committee member Joyce Anderson conceded
that with penalties for non-compliance limited to fines of up to
$100, "There is not a lot of teeth to it, but there is a little
bit." (ANCHORAGE DAILY NEWS)
LT. GOVERNORSHIP BEST ROUTE TO GOV'S OFFICE: Those with
aspirations of becoming governor of a state would be wise to
consider becoming lieutenant governor first. At least that's the
conclusion of a study released this month by the National
Lieutenant Governors Association. The study, which looked at the
previous offices - from county judge to U.S. Senator - held by
every governor elected in the past 26 years, found that
lieutenant governors ascended to the governorship more often than
any other officeholder. About 25 percent of lieutenant governors
were elected governor over that time period, compared to only
about 1 percent of state lawmakers, researchers found. Leading
them to state that the "assumption can be made" that lieutenant
governors "have the greatest success rate to become governor of
any other elected office." Keon S. Chi, a senior fellow at the
Council of State Governments, said that given the fact that the
main duty of every lieutenant governor is taking over for the
governor in his or her absence, the results of the NLGA study are
"not surprising." (STATELINE.ORG)
PULL QUOTE: "I don't have any need for me to be speaker forever."
POLITICS IN BRIEF: Four-term NORTH CAROLINA House Speaker Jim
Black (D) announced last week that he will not seek a
record-breaking fifth term in that position. A federal grand jury
has been looking into Black's financial ties to the gaming
industry, but he denied that his decision to give up the
speakership next session was motivated by the prospect of an
indictment, stating, "I don't have any need for me to be speaker
forever." He also said he had no plans to give up his legislative
seat (NEWS & OBSERVER [RALEIGH]). * Last Monday, MARYLAND's
highest court, the Court of Appeals, issued an opinion explaining
its ruling in August striking down the early-voting law passed in
2005 and amended this year. The unanimous opinion stated that the
MARYLAND Constitution requires elections to be held on a single
day in November, not over multiple days (BALTIMORE SUN). *
FLORIDA Gov.-elect Charlie Crist (R) said last week that he will
create a new Office of Open Government to ensure compliance with
the state's open-records laws as well as provide training on the
subject to public employees. Newspapers had called on Crist
during his election campaign to do something to improve public
records access at state agencies (ST. PETERSBUG TIMES).
- Compiled by KOREY CLARK
*****************************************************************
***** #4--GOVERNORS *****
CONGRESSIONAL ILLNESS PUTS ROUNDS ON HOT SEAT: The sudden and
serious illness of U.S. Sen. Tim Johnson (D) of SOUTH DAKOTA
placed Gov. Mike Rounds (R) squarely into the spotlight last
week. Johnson underwent emergency brain surgery after suffering
stroke-like symptoms, placing him in critical condition and
immediately raising national speculation over what will happen if
his condition forces him to vacate his Congressional seat.
Enter Rounds. According to state law, the staunchly conservative
Republican would be allowed to name a replacement who would serve
out the rest of Johnson's term until the next general election in
2008. Democrats recently gained a slight 51-49 edge in the Senate
as part of a significant Democratic surge in Congress and
statehouses nationwide. But should Johnson be forced to leave and
Rounds chooses a Republican to replace him, the body would fall
into a 50-50 tie. That would make Vice President Dick Cheney the
tie-breaking vote and essentially hand control of the Senate back
to the GOP.
There is some precedent for Rounds staying loyal to his party.
After the death of longtime Democratic state Sen. Dick Hagen of
Pine Ridge in 2002, Rounds appointed a Republican to replace him
even though Democrats held a huge majority in that district.
Michael LaPointe, the man Rounds chose, ran for the office in the
next election and was soundly beaten by a Democrat.
Most political observers say they expect Rounds to name a
Republican if given the chance, but Bob Burns, head of the
political science department at SOUTH DAKOTA State University,
notes that the opportunity to do so may never come. "Even if
[Johnson] were physically incapacitated, there's really no
provision to vacate the position unless he resigns," Burns said.
Burns also noted that many members of Congress have stayed in
office long after being physically limited or incapacitated.
Rounds himself is not saying much on the matter. His only
statement came through a press release in which he said, "Our
prayers are with Tim, Barbara and their family. We are hopeful of
good news for our friend and colleague." Rounds' press secretary
said later that Rounds would have no other immediate comment.
(ASSOCIATED PRESS, ARGUS LEADER [SIOUX FALLS])
GREGOIRE ANNOUNCES PUGET SOUND CLEANUP PLAN: WASHINGTON Gov.
Christine Gregoire (D) proposed a $220 million plan to clean up
environmentally ailing Puget Sound. The plan would focus
primarily on accelerating the pace of cleaning up toxic dumps and
septic tanks around the Sound, and it would also make strides in
protecting wetlands and shorelines that nourish the Sound's sea
life. But while most observers hailed the plan as a positive
step, some also pointed out that the plan does not address what
they see as the most serious threat to the Sound's health - storm
water runoff from city streets and suburban lawns that dump
copious amounts of oil, grease, fertilizer and other toxic
chemicals into the waters surrounding Seattle and other
communities that border the Sound. Gregoire's proposal came as a
result of a report she commissioned to determine how to go about
cleaning up the Sound. That report also called for developing new
funds to pay for the clean up, something Gregoire is so far
rejecting. (SEATTLE POST-INTELLIGENCER)
A BUCK FOR BLANCO? It has not been a stellar year for LOUISIANA
Gov. Kathleen Blanco (D), but if a recent prank gone wrong is any
indication, you might say her critics are piling on a bit. The
incident in question came at a fundraising auction for the
Monroe, LOUISIANA Chamber of Commerce. When a dinner with the
governor was put on the block, a local businessman opened with
the grand total of $1...which the auctioneer promptly accepted
and then shut down the bidding before any further offers could be
made. The winner apparently felt the sting of regret the next
day, offering up $1,000 for the meal and submitting a written
apology to both the Chamber and the governor. Blanco, who has
been roundly criticized around the country for what many perceive
as weak leadership in the face of the Hurricane Katrina disaster,
took the whole thing in stride. Marie Centanni, a Blanco
spokeswoman, said the governor was good-natured about the
incident and was "trying to track down the bidder to tell him
that the blue-plate specials start at $5" at the governor's
mansion. (LOS ANGELES TIMES)
ALL QUIET ON THE MA FRONT? Volunteers working on MASSACHUSETTS
Gov.-elect Deval Patrick's (D) transition team have been required
to sign confidentiality agreements apparently intended to prevent
them from leaking sensitive information to the press and the
public. The Patrick camp said the confidentiality agreements were
designed to protect the privacy of job applicants who are seeking
work in the incoming administration, but several volunteers
forced to sign the agreement said they believed it also covered
their deliberations on policies ranging from crime to the state
budget. Cyndi Roy, the Patrick transition team spokeswoman,
defended the requirement, saying "The purpose of confidentiality
is to capture and retain the best talent, by assuring those who
have expressed an interest in a position that their identities
will remain confidential, so as not to compromise any job they
currently hold." (BOSTON GLOBE)
BIG MONEY DRAWS BIG CRITICISM: Patrick's week didn't get any
better as the new governor also drew a groundswell of criticism
from both the media and the public for his plans to solicit
sizable corporate donations to pay for his planned $1 million
inaugural ball. The group Common Cause sent Patrick a letter
complaining about those plans, which include seeking up to
$50,000 a piece from corporate and individual donors. Pamela H.
Wilmot, executive director of Common Cause MASSACHUSETTS, said
that such solicitations give "the appearance that it is politics
as usual and that it is a political insiders' ball and [that] it
is not an open grass-roots event where the common man is treated
the same as everyone else." Meanwhile, a similar ball of heat has
prompted FLORIDA Gov.-elect Charlie Crist (R) to cancel his own
plans for a $2.5 million inaugural celebration. Crist said he was
wrong to openly solicit private donations of as much as $500,000
for the Jan. 2 event, saying "I made a mistake, and, yes, it was
a doozy." Instead of a four-hour celebration at a civic center in
Tallahassee, Crist is now planning a prayer breakfast and open
house at the Governor's Mansion. The bailout didn't appease some
voters, one of whom, Dick Jacoby of Largo, e-mailed the St.
Petersburg Times to complain. "They wonder why the public holds
politicians in such low esteem. The audacity," Jacoby wrote.
Others also chimed in, as an editorial in the Palm Beach Post
suggested that the $500,000 solicitations should have changed
Crist's nickname from "Chain Gang Charlie" to "Ka-Ching Charlie."
In contrast, outgoing Gov. Jeb Bush (R) limited donations for his
first inaugural ball to $5,000 and $10,000 for his second term.
(ST. PETERSBURG TIMES)
GOVERNORS IN BRIEF: INDIANA Gov. Mitch Daniels (R) proposed a
plan to lease out the state lottery to a private firm in exchange
for cash that the Hoosier State could use for college
scholarships and luring high-caliber professors to state
universities. The proposal was not greeted with enthusiasm by
Daniels' fellow Republicans in the Legislature, who complained
that lottery money is used for a variety of different things,
including teacher pensions (INDIANAPOLIS STAR). * TENNESSEE Gov.
Phil Bredesen (D) said last week that he would support creating a
governing body similar to a tollway authority the state had in
place for 27 years, but added that he has no intention of pushing
for toll roads in the Volunteer State (CHATTANOOGA TIMES FREE
PRESS). * NEW MEXICO Gov. Bill Richardson (D) met last week with
North Korean diplomats in an attempt to convince them to give up
their nuclear weapons. Richardson, a former U.S. ambassador to
the United Nations and a possible candidate for president in
2008, has visited North Korea many times. Korean officials also
visited Santa Fe after Richardson took office in 2003
(ALBUQUERQUE TRIBUNE).
- Compiled by RICH EHISEN
*****************************************************************
***** #5--IN THE HOPPER *****
State Net tracks tens of thousands of bills in all 50 states, US
Congress, and the District of Columbia, at any given time. Here's
a snapshot of what's in the legislative works:
Number of 2006 prefiles last week: 97
Number of 2007 prefiles last week: 1346
Number of 2006 Intros last week: 680
Number of bills enacted/adopted last week: 202
Number of 2006 prefiles to date: 21,821
Number of 2007 prefiles to date: 6,212
Number of 2006 Intros to date: 102,812
Number of enacted/adopted overall in 2006: 32,563
- Compiled By JAMES ROSS
(Measures current as of 12/13/06)
Source: State Net database
----------------------------------------------------------------
The week in session
States in Regular Session: DC, MI, NJ, OH
States in Informal Session: MA
States in Special Session: LA "b", NY "b"
States in Recess: IL, NY, IN(2007)
States in Organizational Recess: CA(2007)
Special Sessions in Recess: DE "c"
States Prefiling or Drafting for 2007 Session: AR, AZ, CO, FL,
GA, IL, KS, KY, ME, MO, MT, ND, NH, NV, SC, TN, TX, UT, VA, VT,
WA, WY
States Adjourned in 2006: AK, AL, AZ, CA, CT, CO, DE, 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,US, UT, VA, VT, WA, WI, WV, WY
States in Special Session Adjourned in 2006: AK "b", AK "c",
AK "d", AR "a", AZ "a", CA "a", CA "b", CO "a", DE "a", DE "b",
IA "a", ID "a", KY "a", LA "a", MD "a", MS "a", MS "b", OK "a",
OK "b", OR "a", OK "b", PA "a", TN "a", TX "c", UT "a", UT "b",
UT "c", VA "a", WV "a", WV "b", WI "b", WI "c"
- Compiled By JAMES ROSS
(session information current as of 12/14/2006)
Source: State Net database
*****************************************************************
***** #6--HOT ISSUES *****
BUSINESS: An ARKANSAS appeals court rules that a Razorback State
law limiting permanent total disability benefits to 260 weeks for
people injured after they turn 60-years-old is unconstitutional.
The court said that workers' compensation benefits do not serve
the same purpose as retirement benefits (ARKANSAS NEWS BUREAU
[LITTLE ROCK]). * A federal court declares that a NEBRASKA law
banning corporate farms is unconstitutional. The court said the
25-year-old statute, easily the most restrictive of its kind in
the nation, violates the interstate commerce clause of the U.S.
Constitution. State officials say they will appeal the decision
(GRAND ISLAND INDEPENDENT).
CRIME & PUNISHMENT: A federal judge gives CALIFORNIA officials
six months to substantially ease prison overcrowding or face the
possibility of a federally-imposed population cap. CALIFORNIA has
the largest state prison system in the country, with more than
173,000 inmates inhabiting facilities designed to hold around
100,000 (LOS ANGELES TIMES). * The U.S. Supreme Court rules that
it does not violate a defendant's rights for a victim's family to
wear a photo of that person during the trial. The ruling stemmed
from a CALIFORNIA case in which a federal court ruled that the
wearing of such photos prejudiced a jury against a man convicted
of murder (LOS ANGELES TIMES). * NEW YORK officials announce
that paroled sex offenders must now submit to random, mandatory
lie detector tests. Officials say they hope to eventually screen
all 2,000 Empire State sex offenders currently under parole
supervision (ALBANY TIMES-UNION). * A MINNESOTA Court rules that
convicted felons are not allowed to possess BB guns. The court
said the guns count as firearms, which are a no-no for most
ex-cons (BRAINERD DISPATCH).
EDUCATION: Education officials in MICHIGAN adopt rules that limit
Badger State schools' use of restraint or seclusion in
disciplining rowdy students. The new rules allow those measures
only as a last resort or in a case of emergency. However, the
rules are also only advisory, meaning schools may choose to
ignore them if they see fit (DETROIT FREE PRESS). * The GEORGIA
Board of Education rejects a call to remove Harry Potter books
from school libraries. The request was made by a Peach State mom
who claims the popular fiction series is an attempt to
indoctrinate children in witchcraft. According to the American
Library Association, the presence of Harry Potter books, written
by British author J.K. Rowling, has been challenged 115 times in
U.S. school districts since 2000, making them the most challenged
texts of the 21st Century (ASSOCIATED PRESS).
ENVIRONMENT: The federal Environmental Protection Agency grants
CALIFORNIA a waiver that will allow the Golden State to add
emissions controls to lawn mowers. Studies show that unregulated
lawn mowers may account for up to 7 percent of the state's smog,
equal to about 3 million cars. The measure does come with one
caveat - unlike other emissions-related statutes, other states
will not be allowed to copy CALIFORNIA's lead. The EPA will
instead issue a new national standard next year (SACRAMENTO BEE).
* An ILLINOIS legislative panel gives final approval to new
state rules requiring coal-fired power plants to reduce mercury
emissions by 90 percent by 2015. Coal-fired power plants are the
nation's largest source of mercury, a toxic metal that can cause
learning disabilities in children and neurological problems in
adults (CHICAGO TRIBUNE). * The OHIO House approves legislation
designed to allow the eight Great Lakes states and two Canadian
provinces to set their own principles for controlling the taking
of water from those lakes. Congress, which currently has control
over that process, would also have to agree to relinquish that
power. The measure moves to the Buckeye State Senate (TOLEDO
BLADE).
HEALTH & SCIENCE: The NEW JERSEY Legislature approves a measure
that will establish hypodermic needle exchange programs in six
cities. The Garden State is currently the only one in the nation
that does not allow drug users to obtain clean needles either
through an exchange program or via prescription. Gov. Jon Corzine
(D) says he will sign the bill (STAR-LEDGER [NEWARK]).
HOMELAND SECURITY: MASSACHUSETTS Gov. Mitt Romney (R) signs an
agreement with the federal government that gives state police the
authority to arrest illegal immigrants and charge them with
violating federal immigration law. The Bay State becomes the
ninth in the nation to have its officers trained and enabled to
enforce federal immigration statutes (NEW YORK TIMES). * IDAHO
Gov. Jim Risch (R) issues an executive order requiring all state
and local governments to verify that all new employees are in the
country legally. Agencies will do this using an online federal
automated system that was developed to check the immigration
status of people seeking benefits from federal, state or local
governments (IDAHO STATESMAN [BOISE]). * ILLINOIS Gov. Rod
Blagojevich (D) announces a set of measures meant to better
integrate immigrants into the Prairie State's economy, education
system and workforce. The "New Americans" program includes
increasing the number of dual-language schools,
English-as-a-second-language programs and bilingual staff members
at state agencies, as well as providing job training for skilled
and unskilled immigrants (WASHINGTON POST).
SOCIAL POLICY: Responding to a direct order from the Garden State
Supreme Court, the NEW JERSEY Legislature approves AB 3787, a
measure that will allow same-sex couples to form civil unions.
Lawmakers resisted calls from gay rights activists to allow those
couples to legally marry. It moves to Gov. Jon Corzine (D), who
has said he will sign it into law. (STAR-LEDGER [NEWARK]). *
MICHIGAN Gov. Jennifer Granholm (D) says she will sign
legislation that will limit Wolverine State welfare recipients to
no more than four years of cash benefits while they are on public
assistance. The measure goes into effect in October 2007 (DETROIT
FREEE PRESS).
POTPOURRI: Led by NEW YORK, 24 states file a brief challenging a
federal judge's order to imprison two CALIFORNIA reporters who
refused to reveal who leaked them secret grand jury testimony
involving San Francisco Giants outfielder Barry Bonds and other
athletes involved in a federal steroid investigation. The states
urged a federal appeals court to adopt a "reporter's privilege"
in the case. The federal court system does not currently have
such a shield law. The reporters' case is currently under appeal
(SAN DIEGO UNION TRIBUNE). * The OHIO Legislature overrides Gov.
Robert Taft's (R) veto of HB 347, which will impose a single
statewide set of gun rules and nullify more than 80 local
firearms ordinances. It was the first veto override of a Buckeye
State governor in 20 years (CLEVELAND PLAIN DEALER).
- Compiled by RICH EHISEN
*****************************************************************
***** #7--ELECTIONS *****
Upcoming elections (12/14/2006 - 01/04/2007)
12/19/2006 Mississippi Special Election
House 101 and 100
12/19/2006 Texas Special Election
House District No. 29
*****************************************************************
***** #8--LEGISLATIVE LINEUP *****
The angry tide that swept Democrats into Congressional power on
Nov. 7 also surged over much of the states, giving Dems control
over a majority of statehouses as well the bulk of governor's
offices. The chart on page 16 shows the complete partisan
breakdown for every state. To keep up with changes as they come,
this chart can also be found on our Web site at
http://www.statenet.com/resources.
Current Legislative Lineup, 2007
House Senate
State Governor Dem Rep O/V Dem Rep O/V
ALASKA Sarah Palin (R) 17 23 9 11
ALABAMA Bob Riley (R) 62 43 23 12
ARKANSAS Mike Beebe (D) 72 28 27 8
ARIZONA Janet Napolitano (D) 27 33 13 17
CALIFORNIA Arnold Schwarzenegger (R) 48 32 25 15
COLORADO Bill Ritter (D) 39 26 20 15
CONNECTICUT M. Jodi Rell (R) 106 45 24 12
DELAWARE Ruth Ann Minner (D) 18 23 13 8
FLORIDA Charlie Crist (R) 42 78 14 26
GEORGIA Sonny Perdue (R) 77 103 1 22 34
HAWAII Linda Lingle (R) 44 7 20 5
IOWA Chet Culver (D) 54 46 30 20
IDAHO C. L. Butch Otter (R) 19 51 7 28
ILLINOIS Rod Blagojevich (D) 66 52 36 22 1
INDIANA Mitch Daniels (R) 51 49 17 33
KANSAS Kathleen Sebelius (D) 47 78 10 30
KENTUCKY Ernie Fletcher (R) 61 39 16 21 1
LOUISIANA Kathleen Blanco (D) 66 38 1 24 15
MASSACHUSETTS Deval Patrick (D) 141 19 35 5
MARYLAND Martin O'Malley (D) 107 34 34 13
MAINE John Baldacci (D) 89 59 4 18 17
MICHIGAN Jennifer Granholm (D) 56 54 17 21
MINNESOTA Tim Pawlenty (R) 85 49 44 23
MISSOURI Matt Blunt (R) 70 92 1 13 21
MISSISSIPPI Haley Barbour (R) 75 45 1 28 24 1
MONTANA Brian Schweitzer (D) 49 50 1 25 25
NORTH CAROLINA Mike Easley (D) 68 52 31 19
NORTH DAKOTA John Hoeven (R) 33 61 20 26 1
NEBRASKA Dave Heineman (R) 49*
NEW HAMPSHIRE John Lynch (D) 234 166 14 10
NEW JERSEY John Corzine (D) 49 31 22 18
NEW MEXICO Bill Richardson (D) 42 28 24 18
NEVADA Jim Gibbons (R) 27 15 10 11
NEW YORK Eliot Spitzer (D) 108 42 28 34
OHIO Ted Strickland (D) 46 53 12 21
OKLAHOMA Brad Henry (D) 44 57 24 24
OREGON Ted Kulongoski (D) 31 29 18 12
PENNSYLVANIA Edward Rendell (D) 102 101 21 29
RHODE ISLAND Don Carcieri (R) 62 13 33 5
SOUTH CAROLINA Mark Sanford (R) 51 73 20 26
SOUTH DAKOTA Mike Rounds (R) 20 50 15 20
TENNESSEE Phil Bredesen (D) 53 46 15 17 1
TEXAS Rick Perry (R) 67 82 1 11 19 1
UTAH Jon Huntsman, Jr. (R) 20 55 8 21
VIRGINIA Tim Kaine (D) 40 57 3 17 23
VERMONT James Douglas (R) 93 49 8 23 7
WASHINGTON Christine Gregoire (D) 63 35 32 17
WISCONSIN Jim Doyle (D) 46 53 18 15
WEST VIRGINIA Joe Manchin III (D) 71 43 23 11
WYOMING Dave Freudenthal (D) 17 43 7 23
*Nebraska has a non-partisan, unicameral legislature;
LEGEND:
O/V = Other, Vacant
Source: Statenet - As of November 13, 2006
*****************************************************************
***** #9--ONCE AROUND THE STATEHOUSE LIGHTLY *****
IF DICK CHENEY CAN hunt, why not blind folks from TEXAS? That
wasn't exactly the rationale, the Houston Chronicle and the
Associated Press report, but a Republican lawmaker has put a bill
across the desk in Austin that would allow legally blind hunters
to hunt using a laser sight - a device that cannot be used by
sighted hunters. A blind hunter would have to be accompanied by a
sighted hunter but would be able to use any and all weapons
deemed legal for hunting in the Lone Star State. First, however,
the state department of parks and wildlife must develop a
definition of "legally blind," and those who qualify will have to
carry proof of their status.
AIRBORNE NO LONGER: The aircraft cost ALASKA Gov. Frank Murkowski
big trouble in his failed attempt at re-election last November.
And his successor wants no part of it, notes the Anchorage Daily
News. Incoming Gov. Sarah Palin announced last week that she
would put the plane up for sale on eBay, with a price tag
slightly over $2.5 million. Murkowski, who shared the craft with
the Dept. of Public Safety, was pilloried for buying it against
the wishes of the Legislature, and it became an issue in the
gubernatorial campaign. Palin said at the time that she would
sell it and use commercial flights to get around the Last
Frontier.
ONE FLAMBOYANT GUY TO ANOTHER: It's official: The inauguration of
celebrity Gov. Arnold Schwarzenegger will be emceed by another
celebrity politician - Willie Lewis Brown Jr. Never mind that the
former mayor of San Francisco and ex-Assembly speaker is a
liberal Democrat, his choice is more evidence of the bipartisan
love fest breaking out in every corner of CALIFORNIA government.
Well, almost every corner. Some of the governor's fellow
Republicans are grumpy but, notes the Sacramento Bee, they have
greeted the news with grim resignation. We've "ceased to be
surprised by these sorts of things," sighed a spokesman for one
conservative group.
BUMPS IN THE NIGHT: It's semi-official: The VIRGINIA governor's
mansion is haunted. No less an authority on the subject than Gov.
Timothy Kaine confirmed the fact during a radio call-in show last
week. According to the Richmond Times-Dispatch, Kaine confessed
to receiving a phone call in the private quarters every week at
the same "very inconvenient" time, and that "no one is there"
when he answers. Perhaps Kaine ought to get himself registered on
the federal "no call" list. Meanwhile, his wife, daughter of a
former governor who lived in the same house in the early 1970s,
also recounted some paranormal experiences, including a light
that stayed lit during a power outage. Kaine said he has never
seen the ghost that supposedly prowls the mansion.
THE TAX MAN SITTETH UP: Lawmakers in NEW JERSEY are set to repeal
a levy that representatives from both political parties consider
a detriment to public health - the 7 percent sales tax on health
and fitness club memberships. As the Newark Star-Ledger reports,
the so-called "gym tax" was extended to health clubs in October
and immediately drew strong criticism for driving up the cost of
health care. And in a nuance too delicious to ignore, among those
pushing for repeal is Democratic Assm. Michael Panter.
PACKING HOUSE: It's not that INDIANA is behind the security
curve, but the Hoosier State is just now getting around to buying
metal detectors for the state Capitol. The hardware will
accompany new rules about to go into effect that prohibit most
anyone from carrying a concealed weapon into the Capitol and
related government buildings. Law enforcement officials will
continue to be allowed to carry weapons, reports the Northwest
Times, as will judges and lawmakers who have concealed weapons
permits. How many lawmakers does that entail? Three years ago, 25
of the state's 150 legislators could pack. One elected official
who will no longer be able to carry his Smith & Wesson into the
Statehouse is Secy. of State Todd Rokita. Statewide officeholders
are not exempt from the new regs.
- By A.G. BLOCK
*****************************************************************
State Net Publications
""""""""""""""""""""""
Editor: Rich Ehisen - capj@statenet.com
Associate Editor: Korey Clark - capj@statenet.com
Contributing Editor: A.G. Block - capj@statenet.com
Editorial Advisor: Lou Cannon
Correspondents: Richard Cox (CA), Steve Karas (CA),
Bruce McKeeman (CA), Jeff Kinnison (CA),
Linda Mendenhall (IL), Lauren King (MA)
and Ben Livingood (PA)
Graphic Design: Vanessa Perez
(c) 2006 State Net ISSN: 1521-8449
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