State Net ************************************************** C A P I T O L J O U R N A L ************************************************** News & Views from the 50 States ================================================================= Volume XVII, No. 8 Monday, March 16, 2009 ================================================================= ##### TOP OF THE NEWS ##### SNCJ SPOTLIGHT ............................1 * Economic stimulus stimulating conflict in states BUDGET & TAXES ............................2 * States stepping up foreclosure-fighting efforts POLITICS & LEADERSHIP ............................3 * High court rules on 'crossover districts' UPCOMING ELECTIONS ............................4 GOVERNORS ............................5 * West coast govs push green highway UPCOMING STORIES ............................6 HOT ISSUES ............................7 IN THE HOPPER ............................8 ONCE AROUND THE STATEHOUSE LIGHTLY ............................9 IN CASE YOU MISSED IT ...........................10 *** The next issue of Capitol Journal will be available on March 23rd. ***************************************************************** ***** #1--SNCJ SPOTLIGHT ***** Economic stimulus stimulating conflict in states KANSAS legislative leaders have a plan for what to do with some of their share of the $787 billion in economic stimulus dollars approved by Congress last month: they want to sock it away for the future. That plan has sparked plenty of controversy in the state. And it's just one of a number of disputes across the country over how the economic stimulus money should be used, battles that some believe are being fueled by the upcoming 2010 and 2012 election seasons. The state conflicts are in large part merely a continuation of the unresolved debates in Congress over the purpose of the stimulus package, whether it should be confined solely to boosting the economy or also lay the groundwork for broader reforms and changes. "There's definitely a lot of confusion in state capitals about what the Recovery Act means," said Chris Whatley, director of the Washington, D.C. office of the Council of State Governments, who is traveling around the country advising state officials. "They're making budget decisions now, and there's still this base level of uncertainty.... There's an inherent tension in the differing goals in the bill." The conflict in many states is centered around what to do with state money freed up by a provision in the stimulus law increasing the share of Medicaid costs covered by the federal government for two years. That's the case in KANSAS, where Republican legislative leaders want to use some of that freed-up money to comply with a state requirement that the budget include a small year-end cushion. Although the plan appears to conflict with the spirit of the stimulus law, and possibly the letter too -- stimulus rules forbid states from using the money to fill their "rainy day" funds -- Jay Emler, chairman of the KANSAS Senate's Ways and Means Committee, is all for it. "When [the stimulus] runs out, we're going to be in a world of hurt...so I'd rather see this go into a fund that we would not be able to access except for emergencies," he said. "While this is a 'stimulus' package, that's not how I run my personal life. I don't know a whole lot of people who go out and spend if they realize that in two years they're not going to have money." Other states are focusing on more immediate concerns. VIRGINIA and KENTUCKY, for example, plan to use the freed-up money to balance their budgets. That idea infuriates patient advocacy groups. "This is a Medicaid stimulus provision, not a 'bail out the state deficit' provision," said Rocky Nichols, a former KANSAS state legislator who runs a disability rights organization. "If they hoard it, it's not going to do a thing". Nichols and other advocates say the state could do much more to improve the economy by putting the freed-up state money toward such initiatives as shortening the waiting list for people with developmental disabilities or lowering the income threshold for Medicaid. Terry Brooks, head of a children's health advocacy group in KENTUCKY, said he understood his state's budgetary demands, but he hoped for at least a little innovation with the money, such as using it to increase outreach to families that qualified for the children's health insurance program. "Is this simply switch-and-bait money for us to maintain the status quo, or can we use it to really be a catalyst?" he said. In other states, transportation is the primary battleground in the conflict over stimulus spending. TEXAS, for instance, has decided to spend $181 million of its stimulus money to build a 14-mile stretch of the "Grand Parkway," a proposed 180-mile loop outside Houston's outer suburbs. "Smart growth" advocates are outraged that instead of putting money toward a proposed toll road and light-rail line along a highly congested highway corridor running into Houston (U.S. 290), the state is green-lighting a highway project, long sought by developers, that only encourages urban sprawl. The state "is using stimulus money that one would assume would be for something transformative to instead build the biggest boondoggle of all time," said David Crossley of the group Houston Tomorrow. He added that developers "had given up on this project, and suddenly it's possible because of a president coming up with money to transform transportation. It's pretty ironic." The Grand Parkway's supporters say they're the ones who are actually being true to the stimulus law's intent of stimulating the economy quickly with "shovel-ready" projects. "Because of the time constraints placed on stimulus spending, we had to select from projects we had already been working on," said Chris Lippincott, a spokesman for the state's Transportation Department. "We will use these funds to solve transportation problems, but it is clear to us that the main goal is to put shovels in the dirt and money in people's pockets quickly." Some of the most active stimulus law battles have been over funds designated for unemployment benefits. MISSISSIPPI Gov. Haley Barbour (R) has pledged to refuse $53 million of the $2.8 billion in such funds allocated for his state. Gov. Bob Riley (R) of ALABAMA and Gov. Bobby Jindal (R) of LOUISIANA have threatened to do the same with portions of the unemployment benefits designated for their states. The governors object to a provision in the stimulus law requiring states to extend benefits to more low-wage and part-time workers in order to receive the unemployment funds, an attached string, they say, that could necessitate higher taxes to cover the jobless benefits once the stimulus money is gone. The governors' position hasn't sat well with Democratic -- and some Republican -- lawmakers in those states. "I just think it's a sad commentary that we're even discussing such a thing, said Rep. Tyrone Ellis (D), House majority leader in MISSISSIPPI, where the unemployment rate is 8.7 percent statewide and exceeds 19 percent in some counties. "It's puzzling to me why any governor or government would suggest that we are only going to take part of the money and not all of it." Two weeks ago, Ellis' chamber passed a resolution (HCR 64) declaring that the state would accept all of the stimulus money allotted to it. And ALABAMA lawmakers have sent Gov. Riley a measure (SJR 68) that would ensure it receives all of its available unemployment funds. Those actions were made possible by an amendment added to the stimulus bill by U.S. Rep. James Clyburn (D-SOUTH CAROLINA) allowing state legislatures to accept the stimulus money if their governors refused to do so. The amendment was prompted by the outspoken comments of SOUTH CAROLINA Gov. Mark Sanford (R), who has vowed not to accept the $700 million of his state's $3 billion allocation that he controls unless President Obama grants him a waiver allowing him to use the money for existing state debts and liabilities. "We think it makes the most sense to use this money to dig out of the hole at the state level," said a spokesman for the governor. "And frankly, we think by shoring up these debts now, it'll help strengthen the economy in the long run." With 38 governorships and thousands of legislative seats up for grabs between now and November of 2010 -- and another presidential race coming in 2012 -- some believe the conflict over the stimulus law is just political posturing. Sanford, one of those expected to be in the next Republican presidential primary race, seemed to substantiate that view when he said last week that if the stimulus succeeded, it would be "disastrous for Republicans" who opposed it, but "If it plays out as I believe it will, which is adding more harm than good to the economy...then we may see other electoral consequences." (WALL STREET JOURNAL, CONGRESSIONAL QUARTERLY) -- Compiled by KOREY CLARK ***************************************************************** ***** #2--BUDGET & TAXES ***** STATES STEPPING UP FORECLOSURE-FIGHTING EFFORTS: Over the past month, the Obama administration has been zeroing in on the nation's foreclosure crisis, something states have been doing for more than a year. Governors in 33 states signed 70 bills addressing the foreclosure crisis in 2008, according to a report released this month by the National Governors Association Center for Best Practices. And this year, nearly every state has introduced foreclosure legislation, some of which has already been enacted (see Bird's eye view in this issue). "As governors, we know first hand that we're the first responders in this foreclosure crisis," said WASHINGTON Gov. Christine Gregoire (D) at a National Governors Association meeting on the foreclosure problem in February. The state foreclosure efforts, the NGA report said, focus on mitigation, reaching out to borrowers to help them avoid foreclosure; stabilization, propping up hard-hit neighborhoods; and prevention, encompassing tighter regulation of mortgage lenders. One example of those efforts is a new program in NEW JERSEY providing homeowners facing the threat of foreclosure access, free of charge, to counselors and lawyers to help them come up with a workable loan payment plan. If the out-of-court approach doesn't work, a judge will appoint a mediator to bring the lender and borrower together to work out a payment plan. "We've gone very aggressively into a mediation approach: establishing a time-out period where mediation of any foreclosure has to be negotiated with the judge," explained NEW JERSEY Gov. Jon Corzine (D). "We have really stemmed substantially the pace of growth of foreclosures." Other state efforts include a program launched in CALIFORNIA last year offering first-time homebuyers a chance to buy vacant, foreclosed homes at below market interest rates and NORTH CAROLINA's new requirement that subprime mortgage servicers notify homeowners and state officials 45 days before initiating foreclosure proceedings. Foreclosures dropped 59 percent in the Tar Heel State between January, 2008 and January, 2009, but state officials haven't determined yet if that was the result of the notification program. The NGA report didn't attempt to assess the effectiveness of the state programs, in part, because many of them are so new. "The idea was to put the practices out there," and explain them, said Stephanie Casey Pierce, author of the report. Governors and other state officials said they intend to integrate their foreclosure-fighting efforts with those of the Obama administration, such as the recent doubling of federal aid to Fannie Mae and Freddie Mac to $400 billion to help the mortgage giants refinance loans that are in trouble. "I think being able to leverage off the dollars that are available for loan modification through the federal program will mesh very neatly" with state efforts, Gov. Corzine said. (STATELINE.ORG) BUDGETS IN BRIEF: KENTUCKY Gov. Steve Beshear (D) has asked the federal government to help residents whose homes and property were damaged during January's ice storm. The request encompassed residents in 103 of the state's 120 counties (ASSOCIATED PRESS, KENTUCKY POST [COVINGTON]). * Lottery giants Powerball and Mega Millions are discussing the possibility of selling tickets for both games in the combined 42 states where they operate. The prospect of combining the two lotteries into one super game, however, does not appear to be on the table (PHILADELPHIA INQUIRER). * FLORIDA struck a deal last week with a Spanish-led group to design, build, operate and maintain three new toll lanes along traffic-clogged Interstate 595 near Fort Lauderdale for up to $1.8 billion over 35 years. The agreement, which comes during a period of turmoil in the credit markets, is being hailed as a model for how states and private investors can work together to upgrade the nation's aging transportation infrastructure (WALL STREET JOURNAL). * With his approval ratings sagging, NEW YORK Gov. David Paterson (D) announced an agreement with state lawmakers last week replacing some of the unpopular taxes and fees he proposed for next year's budget - including levies on sugared sodas and haircuts - with federal stimulus money (NEW YORK TIMES). * Overall tax collections in at least 35 states declined in the last three months of 2008, according to the Nelson A. Rockefeller Institute of Government's quarterly report on state revenue released last week. About the only bright spot in the report was NORTH DAKOTA, which saw its sales tax collections tick up 14.4 percent from October through December. The Flickertail State was among just five that added jobs during that period (STATELINE.ORG). -- Compiled by KOREY CLARK ***************************************************************** ***** #3--POLITICS & LEADERSHIP ***** HIGH COURT RULES ON 'CROSSOVER DISTRICTS': Last week, the U.S. Supreme Court rejected a claim that voting districts in which a particular racial or ethnic group makes up less than 50 percent of the voting-age population -- referred to as "minority crossover districts" because they require crossover votes from non-minority voters to elect candidates of their choice -- are entitled to protection under the Voting Rights Act of 1965 (VRA). The ruling came in a case challenging the creation of NORTH CAROLINA House District 18 (Bartlett v. Strickland). State officials there tasked with redrawing the state's voting map found themselves caught between two competing laws, a state mandate that counties not be split up within voting districts and Section 2 of the VRA, which bars the drawing of new districts in a way that dilutes the power of minority voters in minority voting districts. The officials opted to observe the federal law at the expense of the state's whole-county provision. One of the counties impacted by that decision filed suit, claiming the state law should have been upheld, and the state's Supreme Court agreed. In its 5-4 decision last Monday, the U.S. Supreme Court upheld that ruling, affirming that Section 2 of the VRA applies only to districts in which minority voters comprise more than 50 percent of the voting population. "The rule provides straightforward guidance to courts and to those officials charged with drawing district lines to comply with Section 2 [of the VRA]," Justice Anthony Kennedy wrote in the plurality decision. "We decline to depart from the uniform interpretation of Section 2 that has guided federal courts and state and local officials for more than 20 years." Kennedy added that minority voters in crossover districts "have the same opportunity to elect their candidate as any other political group with the same relative voting strength," that the VRA only safeguards those who possess the "potential to elect" favored representatives from losing that potential through vote dilution, and that enforcing the law to protect minority voting clout in districts where minority voters don't constitute a majority would "grant special protection to a minority group's right to form political coalitions." Two of the court's other conservatives, Chief Justice John Roberts and Justice Samuel Alito, supported Kennedy's opinion in full, while Justices Clarence Thomas and Antonin Scalia concurred with the judgment but had some objections to its underlying reasoning. Justice David Souter's difference of opinion was more marked. In his dissent, he accused the plurality of being unfaithful to the intent of the Voting Rights Act. Under its ruling, he said states will be forced to "pack black voters into additional majority-minority districts, contracting the number of districts where racial minorities are having success in transcending racial divisions in securing their preferred representation." With the next nationwide redistricting season coming after the 2010 census, it won't take long to determine if Souter's prediction is borne out. (CHRISTIAN SCIENCE MONITOR) POLITICS IN BRIEF: Gallup ranked U.S. Rep. Anna Eshoo's (D-CALIFORNIA) congressional district south of San Francisco as the healthiest and happiest in America, followed by U.S. Rep. Tom Price's (R-GEORGIA) district, on the northern edge of Atlanta. At the opposite end of the rankings were U.S. Rep. Harold Rogers' (R) district in eastern KENTUCKY's coal country and U.S. Rep. Jose Serrano's (D) NEW YORK district, which includes the distressed neighborhood of the South Bronx. The congressional district rankings came as part of a larger survey of Americans' well being conducted by Gallup in partnership with Healthways and America's Health Insurance Plans (MSNBC.COM). * FLORIDA Gov. Charlie Crist (R) named a black Democrat, Seminole County Circuit Court Judge James E.C. Perry, to the state Supreme Court. The selection was a disappointment to conservatives who were seeking an appeals court judge who upheld the principle of a "proper, limited role of the judicial branch" (MIAMI HERALD). -- Compiled by Korey Clark ***************************************************************** ***** #4--UPCOMING ELECTIONS ***** (03/13/2009 - 04/03/2009) 03/24/2009 California Special Primary Senate District 26 (Ridley-Thomas) Connecticut Special Election House District 15 03/31/2009 New York Special Election US House (Congressional District 20) ***************************************************************** ***** #5--GOVERNORS ***** WEST COAST GOVS PUSH GREEN HIGHWAY: The governors of WASHINGTON, OREGON and CALIFORNIA are working on a plan they believe can help transform Interstate 5, the 1,382-mile north-south artery that runs from Canada all the way to Mexico, into the nation's first "green highway." The trio -- WASHINGTON Gov. Christine Gregoire (D), OREGON Gov. Ted Kulongoski (D) and CALIFORNIA Gov. Arnold Schwarzenegger (R) -- envisions adding a series of alternative fueling stations where motorists would be able to charge or change their electric-vehicle batteries, or fill their tanks with biodiesel, ethanol, hydrogen or compressed natural gas. If completed, it would mark the first time drivers could travel such a long stretch of U.S. freeway with easy access to alternative fuel. There are significant hurdles to overcome before such a plan could be implemented. For one, the stations would be located at roadside rest stops, and none of the three states currently allow commercial businesses to set up shop there. There are also a host of local and federal laws that block commercial development along interstates, further complicating the matter. The petroleum and trucking industries also oppose the idea, arguing that the stations would draw potential customers away from truck stops, hotels, restaurants and other businesses near rest stops. Even with the hurdles to overcome, WASHINGTON State Department of Transportation Director of Public-Private Partnerships Jeff Doyle says, "The three states are trying to find out if we can all march forward together." Working on the premise that current restrictions on rest stop development can eventually be overcome, Doyle says he is working closely with OREGON and CALIFORNIA transportation officials on ways to "partner with next-generation fuel providers to spur private investment." That plan would likely entail allowing companies that build the fueling stations to offset their costs by not paying rent on the sites until they begin making a profit. Those companies would also likely be low-profile, self-service units with no on-site staffing. If approved, the plan could begin in WASHINGTON as early as this summer. However, a similar project Schwarzenegger championed in CALIFORNIA in 2004 has yet to take off. That plan, the so-called "hydrogen highway," promised motorists hundreds of hydrogen fueling stations along the state's major highways by 2010, but to date only about 25 exist, almost all near Los Angeles. (SEATTLE TIMES, NEW YORK TIMES) HUNTSMAN SIGNS MAJOR HEALTH CARE BILLS: UTAH Gov. Jon Huntsman Jr. (R) signed a package of bills last week designed to provide affordable health coverage to more uninsured Utahans. The largest of the measaures, HB 188, creates NetCare, a plan insurers will be able to offer at up to half the cost of the average large-group premium. The measure also allows small employers to give workers the option of picking between an employer-chosen plan or taking the employer's contribution and buyng insurance on their own. Savings will come from excluding some mandated care as well as from built-in wellness incentives, higher deductibles and caps on preventive care. To prevent insurers from rejecting people with health issues, insurers will be able to vet applicants based only on their age, where they live and the composition of their family, not their medical history. In return, insurers will be protected from spikes in expensive claims by assistance from the UTAH Health Re-Insurance Pool, a nonprofit that will be created within the state's Department of Insurance. Huntsman praised the legislation, saying "We all knew from the beginning our state was too compassionate, too good, too smart, too creative to let 300,000-plus people go without coverage and insurance." (SALT LAKE TRIBUNE) GOVERNORS IN BRIEF: Saying "there's been a lot of talk about in-state gas but little action," ALASKA Gov. Sarah Palin (R) announced her support for a 24-inch "bullet" pipeline to haul natural gas from the North Slope to the Southcentral portion of the state. The project is expected to be in operation by 2015, three to five years before a large-diameter pipeline from the North Slope to the Lower 48 can be constructed. Palin said the pipeline is necessary because the state's Southcentral gas fields are fast being depleted (JUNEAU EMPIRE). * PENNSYLVANIA Gov. Ed Rendell (D) issued an executive order that immediately offers health care coverage to an additional 16,000 people now on a waiting list for a state-subsidized insurance program for lower-income adults. The governor said he would also move $5 million into an existing fund that helps recently unemployed residents pay their mortgage while looking for jobs (PHILADELPHIA INQUIRER). * ARIZONA Gov. Jan Brewer (R) said the state will remain in the Western Climate Initiative, a regional effort to control greenhouse-gas emissions. Many of Brewer's Republican colleagues oppose the state's participation in the plan, but Brewer spokesperson Paul Senseman said the governor believes the state can better understand and influence the Initiative's policies if it remains involved. Grand Canyon State lawmakers would ultimately have to approve the state's adherence to any cap-and-trade emissions policies that come out of the group (ARIZONA REPUBLIC [PHOENIX]). * TEXAS Gov. Rick Perry (R) rejected $550 million in federal stimulus funding for expanded unemployment benefits. Perry said taking the money would have required the state to pick up the tab for the expanded benefits after the stimulus money runs out (ASSOCIATED PRESS). * In contrast, TENNESSEE Gov. Phil Bredesen (D) said his state will accept all $141 million it is scheduled to receive in federal funding for unemployment benefits. Bredesen said that after a close review, officials have determined the state can "comfortably use that (stimulus) money to pay out those additional benefits over the course of at least the next five or six years." After that, the state would have to pick up an annual tab of $25 million to $30 million, Bredesen said, noting it "certainly is something we can afford." He added that a future governor and Legislature could also move to repeal the changes if necessary (CHATTANOOGA TIMES FREE PRESS). * A CALIFORNIA judge rules that Gov. Arnold Schwarzenegger (R) has the authority to furlough approximately 15,000 state workers employed by constitutional officers and the Board of Equalization. State Controller John Chiang had resisted the order, contending that independently elected constitutional officers have power over their own employees. Chiang said he would appeal the ruling (SACRAMENTO BEE). -- Compiled by RICH EHISEN ***************************************************************** ***** #6--UPCOMING STORIES ***** These are some of the topics you may see covered in upcoming issues of the State Net Capitol Journal: - Balance Billing - Early Legislative Trends - Data Mining ***************************************************************** ***** #7--HOT ISSUES ***** BUSINESS: The WASHINGTON House approves HB 1329, legislation that would allow child care workers to unionize if their employer accepts state subsidies for low-income children. The bill is now in the Senate (SEATTLE POST-INTELLIGENCER). * The UTAH House approves HB 436, which would bar the Beehive State from awarding government contracts to companies that do business in Sudan. It has moved to the Senate (SALT LAKE TRIBUNE). * The KENTUCKY Senate and House approve HB 444, which would prohibit new payday loan businesses from opening in the Bluegrass State for at least 10 years. That provision was added to the original bill, which called only for tracking payday loans to ensure that people borrowing from the high-fee lenders have no more than two loans from them totaling no more than $500. The legislation moves to Gov. Steve Beshear (D) for review (COURIER-JOURNAL [LOUISVILLE]). * The IDAHO Senate approves SB 1126, which would repeal a Gem State law that forbids retailers from limiting the quantity of a particular item that customers may buy. The measure is now in the House (IDAHO STATESMAN [BOISE]). * The MICHIGAN House approves a trio of bills (HB 4453, 4454, 4455) that collectively give homeowners facing foreclosure 90 days to attempt to work out a loan modification with their lender. The package moves to the Senate (DETROIT NEWS). * The WEST VIRGINIA House signs off on HB 2719, which would raise the permissible maximum alcohol level for beer sold in the state from the current 6 percent by volume to 12 percent. The measure, which is aimed at creating a market for high-quality specialty beers in the Mountain State, is now in the Senate (CHARLESTON GAZETTE). CRIME & PUNISHMENT: The GEORGIA House endorses HB 160, which would impose an additional $200 fine on Peach State motorists caught driving more than 85 miles an hour on interstate highways or four-lane roads or more than 75 mph on two-lane roads. The so-called "super speeders" measure is now in the Senate (MACON TELEGRAPH). * The UTAH Senate endorses HB 100, which would require prisoners who obtain a postsecondary education while incarcerated to pay the state back an average of $1,500 over a period of five years after their release. The measure also requires some defendants to pay restitution for medical and dental expenses incurred before and after sentencing. It is with Gov. Jon Huntsman Jr.(R) for review (SALT LAKE TRIBUNE). * The WASHINGTON House endorses HB 1517, a bill that would return voting rights to convicted felons after they're released from state custody, including the completion of any parole or probation. Under current Evergreen State law, felons can't vote until they have served their sentence and paid all restitution and other legal fees. The bill is now doing time in the Senate (SEATTLE TIMES). * The ARKANSAS House approves HB 1706, which establishes as law the lethal injection procedures already used by the state Department of Correction. The bill is now in the Senate (ARKANSAS NEWS [LITTLE ROCK]). EDUCATION: The UTAH Senate approves HB 197, which would end a state law requiring charter schools to have at least one parent elected by other parents on their boards. It has moved to Gov. Jon Huntsman Jr. (R) for review (SALT LAKE TRIBUNE). * The WASHINGTON Senate approves SB 5498, which would eliminate a requirement that students keep taking a math assessment test every year until graduation, but would still require high school students who fail the exam in the 10th grade to keep earning math credits in order to graduate. The proposal has moved to the House (OLYMPIAN). * The ARKANSAS Senate approves SB 312, which would create a program for the state to provide public schools with defibrillators. It has moved to the House (ARKANSAS NEWS [LITTLE ROCK]). * The KENTUCKY House unanimously approves SB 1, which would require Bluegrass State education officials to develop new education standards and a means to better assess individual student achievement. The measure is now with a joint conference committee to work out differences with the Senate-approved version (COURIER-JOURNAL [LOUISVILLE]). ENVIRONMENT: The U.S. Department of the Interior announces it will uphold the U.S. Fish and Wildlife Service's decision to remove gray wolves from the federal endangered list in MONTANA, IDAHO and parts of WASHINGTON, OREGON and UTAH as well as the Great Lakes states of MICHIGAN, MINNESOTA and WISCONSIN. Wolves will remain on the endangered list in WYOMING, federal officials said, because the state's recovery plan was insufficient for the wolves' recovery (ASSOCIATED PRESS). * The OKLAHOMA House approves several measures aimed at bolstering alternative energy use in the Sooner State. The measures include HB 2031, which would remove sales tax on the purchase of new energy efficient appliances; HB 1953, which would give alternative energy companies tax breaks to relocate to OKLAHOMA; HB 1952, which would allow the state to build alternative fueling stations for use by state agencies, local governments and school districts; and HB 2247, which would offer consumers tax credits for installing solar energy equipment and small wind turbines. The measures have all moved to the Senate (OKLAHOMAN [OKLAHOMA CITY]). HEALTH & SCIENCE: The OKLAHOMA Senate approves SB 1022, which, among other things, bars medical facilities from "balance billing" patients for charges above what their insurance will pay for. It is now in the House (STATE NET). * The NEW HAMPSHIRE Senate approves SB 115, legislation that would allow low-income adults between the ages of 19 and 25 to buy insurance coverage from the state Healthy Kids program. It is now in the House (FOSTER'S DAILY DEMOCRAT [DOVER]). * MASSACHUSETTS health officials give final approval to regulations that ban pharmaceutical and medical device companies from providing gifts to physicians, limit when companies can pay for doctors' meals and require companies to publicly disclose payments to doctors over $50 for certain types of consulting and speaking engagements. The new rules go into effect on July 1 (BOSTON GLOBE). * UTAH Gov. Jon Huntsman Jr. (R) signs SB 79, which increases the burden of proof in emergency room malpractice cases from a "preponderance of the evidence," which is 51 percent, to the significantly higher standard of "clear and convincing evidence" (SALT LAKE TRIBUNE). * VIRGINIA Gov. Tim Kaine (D) signs SB 1105 and HB 1703, companion bills that combine to bar smoking in nearly all public buildings in the Old Dominion. The new law exempts both private clubs and those restaurants with physically separate and independently ventilated rooms for smokers (RICHMOND TIMES-DISPATCH). * The ARKANSAS House approves HB 1700, which would raise the maximum income level to be eligible for the state-funded health care program for disadvantaged kids from 200 percent of the federal poverty level to 250 percent. It moves to the Senate (ARKANSAS NEWS [LITTLE ROCK]). * The WASHINGTON Senate approves SB 5500, a bill that would require Evergreen State hospitals to screen all intensive care patients for the infection methicillin-resistant Staphylococcus aureus, or MRSA. The measure is now in the House (OLYMPIAN). IMMIGRATION: The UTAH House approves HB171, which would drop the Beehive State's five-year residency requirement for documented immigrants to receive coverage under Medicaid or the Children's Health Insurance Program. It has moved to the Senate (SALT LAKE TRIBUNE). * An ARKANSAS House committee rejects HB 1383, which would have required the state's Contractors Licensing Board to punish contractors who knowingly hire undocumented workers. The defeat was the bill's second, killing it for this session (ARKANSAS DEMOCRAT-GAZETTE [LITTLE ROCK]). SOCIAL POLICY: The WASHINGTON Senate approves SB 5688, legislation that grants same-sex domestic partners all the same rights and benefits the state offers married couples. It is now in the House for review (SEATTLE TIMES). * The KENTUCKY Senate declines to consider SB 68, which would have barred unmarried couples from becoming foster parents or adopting children in the Bluegrass State (COURIER-JOURNAL [LOUISVILLE]). POTPOURRI: The MISSISSIPPI Senate endorses HB 214, which would require anyone under age 18 to have parental permission before using a tanning bed. Parents would have to remain at the facility if the user is under age 13. The bill will next go to Gov. Haley Barbour (R), pending reconciliation with another similar measure previously passed in the House last month (HATTIESBURG AMERICAN). * An ILLINOIS Senate panel shoots down SB 1976, a proposal to allow Prairie State sheriffs to issue concealed carry firearm permits to qualified gun owners (BLOOMINGTON PANTAGRAPH). * The OKLAHOMA House endorses HB 2158, a bill that would allow Sooner State landowners who operate big game commercial hunting areas to shoot feral hogs from a helicopter. Landowners blame the hogs, which can grow to over 300 pounds, for destroying property and spreading disease to both animals and humans. The measure is now with the Senate (OKLAHOMAN [OKLAHOMA CITY]). -- Compiled by RICH EHISEN ***************************************************************** ***** #8--IN THE HOPPER ***** At any given time, State Net tracks tens of thousands of bills in all 50 states, US Congress, and the District of Columbia. Here's a snapshot of what's in the legislative works: Number of Prefiles last week: 541 Number of Intros last week: 10,733 Number of 2008 Session Enacted/Adopted last week: 1 Number of 2009 Session Enacted/Adopted last week: 1,139 Number of Prefiles to date: 27,190 Number of Intros to date: 104,673 Number of 2008 Session Enacted/Adopted overall to date: 29,255 Number of 2009 Session Enacted/Adopted overall to date: 7,010 -- Compiled By JAMES ROSS (measures current as of 03/12/2009) Source: State Net database ---------------------------------------------------------------- States in Regular Session: AK, AL, AR, AZ, CA, CO, CT, DC, DE, FL, GA, HI, IA, ID, IL, IN, KS, KY, MA, MD, ME, MI, MN, MO, MS, MT, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, OR, PA, RI, SC, SD, TN, TX, US, VT, WA, WV States in Recess: WI States in Special Session: CA "c" States Currently Prefiling or Drafting for 2009: LA States Projected to Adjourn: AR, NM States Adjourned in 2009: UT, VA, WY State Special Sessions Adjourned in 2009: AZ "a", CA "a", CA "b", CT "a", DE "b", FL "a" Letters indicate special/extraordinary sessions -- Compiled By JAMES ROSS (session information current as of 03/13/2009) Source: State Net database ***************************************************************** ***** #9--ONCE AROUND THE STATEHOUSE LIGHTLY ***** GOV-A-PALOOZA: Nobody needs to remind MARYLAND Gov. Martin O'Malley that running a state can suck up all of a person's free time. An accomplished musician -- his band, O'Malley's March, plays traditional Irish music with a modern twist -- O'Malley was a fixture in Baltimore's Irish pub scene before he started running the state in 2006. Since then, the demands of the job have forced him to put his guitar on the back burner. But as the Baltimore Sun reports, the gov is finally getting his Celtic groove back. O'Malley's band released a new CD last week, its first since the boss took office. The boys are even planning a tour once the session ends. Band member Jared Denhard says the long layoff won't be a big deal. "It's like when Cheech and Chong reunited for their tour," he says. "They just watched their old videos." BOOZE AND A SMILE: Which is exactly what PENNSYLVANIA officials want customers to get when they go into a state-run liquor store. To ensure that, the Associated Press reports, the state is dropping $173,000 to train the 4,000 workers who man over 600 state-run liquor outlets to be friendly and well-mannered to the clientele. This outlay of public dollars during rough economic times has grumped up good government folks like Harrisburg activist Eric Epstein, who calls the idea "a demented interpretation of happy hour" and laments that it is "a sad state of affairs when you have to train people to be kind and courteous." There is, however, some significant precedent for such instruction. Many of us, in fact, do it every day. It's called parenting. ALL FOWLED UP: Times are hard in Farmerville, LOUISIANA, which is about to suffer the closure of a poultry processing plant that provides 1,300 jobs. Gov. Bobby Jindal is trying to broker a deal to keep the plant open -- proposing $20 million in state funds as an incentive -- but so far nothing has worked out. All is not lost, however. The group People for the Ethical Treatment of Animals (PETA) wants to take Jindal up on his offer, if not quite how he envisioned it. As the New Orleans Time-Picayune reports, PETA wants to use the state funds to turn the plant into the "Chicken Empathy Museum," a "monument to compassion" with a restaurant that serves faux-chicken nuggets, a gift shop and a preserved chicken-transport truck that kids can crawl through "to experience how cramped and uncomfortable the trucks are." Jindal declined, calling the matter "a lot of squawking about nothing." AND ONCE FOR GOOD MEASURE: IDAHO Rep. Lenore Barrett is no fan of wolves. As such, she introduced HJM 1, a non-binding resolution urging the president and Congress to stick with a Bush administration plan to remove gray wolves from federal Endangered Species Act protection. Her fellow lawmakers agreed, and the resolution sailed through the Legislature last week, facing just a paltry few 'no' votes along the way. Alas, President Obama had already announced several days before that he was upholding the Bush de-listing plan, making the vote on HJM 1 a moot point to most people. Gem State lawmakers disagree, contending that the proposal sends a strong message to wolf-loving enviros who have threatened to sue over the de-listing. We presume that message is not that lawmakers don't read the papers. -- By RICH EHISEN ***************************************************************** ***** #10--IN CASE YOU MISSED IT ***** While President Barack Obama's focus is now on providing health care to the uninsured, as reported in the March 9 SNCJ, a small but growing number of states are trying to prevent health insurers from unfairly dropping thousands of people who already have coverage. In case you missed it, the article can be found on our Web site at http://www.statenet.com/capitol_journal/03-09-2009/html ***************************************************************** State Net Publications """""""""""""""""""""" Editor: Rich Ehisen - capj@statenet.com Associate Editor: Korey Clark - capj@statenet.com Contributing Editor: Virginia Nelson and Art Zimmerman - 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 Designer: Vanessa Perez ***************************************************************** To receive future issues in PDF or HTML format contact our Help Desk at 800/726-4566 or email helpdesk@statenet.com. To unsubscribe, go to http://statenet.com/unsubscribe *****************************************************************