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State Net Capitol Journal - News and View from the 50 States
Volume XVII, No. 11
April 13, 2009
HEADLINE: Same-Sex Marriage
Budget & taxes
Stimulus has sting in tail
Politics & leadership
Some FL lawmakers ruing no-tax-hike pledge
Governors
Kulongoski plays waiting game
The next issue of Capitol Journal will be available on April 20th.
TOP STORY
 
Fresh off stunning victories in IOWA and VERMONT, same-sex marriage proponents believe several other borderline states may soon follow suit. Opponents, however, are gearing up to stop that from happening.
SNCJ Spotlight
 
Will gay marriage victories influence other states?
 
With stunning victories in IOWA, VERMONT and the District of Columbia over the last 10 days, supporters of same-sex marriage say several other states may now be inclined to grant gay couples the right to marry.
 
The wave started on April 3, when the IOWA Supreme Court ruled that a state law barring gay marriage violated the state constitution. That ruling made the Hawkeye State the third in the nation, after MASSACHUSETTS and CONNECTICUT, to allow gay marriage. VERMONT lawmakers made it a quartet less than a week later by issuing a one-vote override of Gov. Jim Douglas' (R) veto of SB 115, a measure that allows same-sex couples to wed. The Green Mountain State became the first to adopt such unions through legislative action and not the courts. 
 
Gay rights advocate Beth Robinson rejoiced after the override was announced, telling a large crowd at the statehouse in Montpelier, "We've shown that truth and fairness and justice and love are more powerful than one man's veto pen." 
 
On the same day as the VERMONT override vote, the Council of the District of Columbia gave preliminary approval to a proposal to recognize same-sex marriages performed in other locales. Congress must uphold that decision for it to go into effect. If they do, DC would join RHODE ISLAND in legally recognizing same-sex marriages conducted elsewhere. 
 
Several other states are currently considering similar bills, including ILLINOIS, CALIFORNIA, MAINE, RHODE ISLAND, NEW HAMPSHIRE, MINNESOTA, NEW YORK, NEW JERSEY and WASHINGTON. The CALIFORNIA Supreme Court ruled last year that a state law barring same-sex marriage was unconstitutional, but voters subsequently endorsed a constitutional amendment making marriage legal only between one man and one woman. That decision is currently under appeal, leaving approximately 18,000 same-sex marriages performed prior to the November election in a state of limbo. 
 
Although the NEW HAMPSHIRE House endorsed HB 436 on March 26, gaining approval on the balance of the gay marriage measures may be much tougher. Even so, having VERMONT lawmakers decide the matter rather than the courts engendered great enthusiasm among gay rights supporters. 
 
"This is a reminder to those legislatures that they should finish the job," said Evan Wolfson, executive director of Marriage Equality, a NEW YORK-based national advocacy group. "Contrary to the claims made by the opponents of equality, it's not just judges, it's not just the coasts, and it's not just going away." 
 
While gay rights groups like the Gay and Lesbian Rights Defenders have vowed to use the VERMONT Legislature's action as a springboard for bringing gay marriage to all of New England by 2012, the vote may also galvanize same-sex marriage opponents. Brian Brown, executive director of the National Organization for Marriage, a group established to fight same-sex marriage, called it "a bad day for the country," adding that "There is a palpable sense that something has changed and people need to get active." 
 
Brown said the developments in IOWA and VERMONT have also prompted his group to begin running advertisements against same-sex marriage in several states now, instead of in late spring, as originally planned. 
 
Similar feelings were expressed in IOWA, where some opponents have already called for a constitutional amendment to ban gay marriage. That could prove to be a sticky wicket for Gov. Chet Culver (D). Although Culver noted that he does not personally support same-sex unions, he said last week he distinguished between religious marriages and civil marriages, noting that the court's decision "does not require that churches recognize marriages between persons of the same gender or officiate over such unions." Because of that, Culver said, he is "reluctant to support amending the IOWA Constitution to add a provision that our Supreme Court has said is unlawful and discriminatory." 
 
That drew immediate condemnation from conservative opponents like Republican Rep. Steve King, who is considering a run against Culver in the 2010 gubernatorial race. "If Gov. Culver does not step up and be very definitive on this and take action before the end of this general assembly, this will be a big issue when he runs in 2010," King said. 
 
Rep. Rod Roberts (R), who is also considering a gubernatorial bid in 2010, echoed King's sentiments, saying, "The governor, in a sense, is almost trying to have it both ways, and I think that's a very difficult position to have." 
 
House lawmakers are said to be considering a constitutional same-sex marriage ban, but Majority Leader Kevin McCarthy (D) has so far not seemed inclined to move forward on such a bill. "My personal opinion is irrelevant at this stage," McCarthy said, although he noted the matter is still under discussion in his caucus. There is also a chance that the issue could be taken up at a statewide constitutional convention. There is already a measure on the 2010 ballot asking Hawkeye State voters if they want to call such a convention in 2011, but Senate Majority Leader Mike Gronstal (D) warned that convention proponents should be careful what they wish for. 
 
"I'm inclined to hope they succeed, if that's their strategy," said Gronstal, who saluted the Court's ruling. "There's a lot of good, progressive issues that we could pursue: a woman's right to choose, guaranteed health care for all Iowa citizens, workers' rights — so if there are people that want to help us get to a constitutional convention, that's kind of my dream world." 
 
A recent ABC poll showed that 60 percent believe same-sex couples should have some form of legal recognition, but only a third say those couples should be allowed to marry. That is slightly higher than a similar poll in 2004 in which just 22 percent supported gay marriage. To date, 43 states have laws explicitly prohibiting gay marriage, including 29 with constitutional amendments restricting marriage to one man and one woman. (NEW YORK TIMES, REUTERS, OMAHA WORLD-HERALD, DES MOINES REGISTER, CONCORD MONITOR, RUTLAND HERALD)
— Compiled by RICH EHISEN
The Week in Session
 
States in Regular Session: AK, AL, AR, AZ, CA, CO, CT, DC, DE, FL, HI, IA, ID, IN, MA, MD, ME, MN, MO, MT, NC, ND, NE, NH, NM, NV, OH, OK, OR, SC, TN, TX, VT, WA, WV 
 
States in Recess: IL, KS, MI, MS, NY, PA, RI, US, WI 
 
States in Special Session: CA "c" 
 
States in Budget Hearings: NJ 
 
States in Extended Session: WV 
 
States Currently Prefiling or Drafting for 2009: LA 
 
States Projected to Adjourn: ID, MD 
 
States Adjourned in 2009: AR, GA, KY, NM, SD, 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 04/09/2009)
Source: State Net database
Bird’s eye view
 
Fiscally happiest states in Midwest
 
Graphic for Bird’s Eye View article NEBRASKA is the happiest state in the country, fiscally speaking, according to a study released last week by the personal finance Web site, MainStreet.com. The Cornhusker State took the top spot on the site's first ever Happiness Index, which ranks states based on their foreclosure rate, unemployment rate and non-mortgage debt as a percentage of income. NEBRASKA ranked 2nd in the first two categories and 5th in the third, owing to its fiscal conservatism and flourishing ethanol industry, which allowed residents who lost their jobs find new ones relatively quickly. Two more Midwest states, IOWA and KANSAS, rounded out the index's top three, and two others, SOUTH DAKOTA and WISCONSIN, figured in the top ten. In contrast, OREGON is the unhappiest state, followed by FLORIDA, CALIFORNIA and NEVADA, the states hit hardest by the economic downturn.
U.S.A. map for Bird’s Eye View article
Budget & taxes
 

STIMULUS HAS STING IN TAIL: State officials struggling to figure out all the implications of the $787 billion American Recovery and Reinvestment Act have another one to worry about. The various federal tax cuts included in the law — such as the deduction for buying a new car and the increase in the credit for first-time homebuyers — could end up costing states millions of dollars in revenue because most tie their tax codes to the federal government's to make it easier on taxpayers. 
 
OREGON lawmakers recognized the problem back in February, before Congress passed the stimulus package, and voted to decouple the state's taxes from the federal tax code. But ARIZONA officials say they stand to lose $73 million this budget year, and NORTH CAROLINA, according to one early estimate, could lose $760 million over the next two years. 
 
Last year, before the bottom fell out of the economy, Congress was considering an economic package that contained a provision, similar to those in the enacted stimulus, which the Center on Budget and Policy Priorities estimated would cost 23 states $1.7 billion in corporate and individual tax revenue over two years. The last time the federal government enacted such a provision — the bonus depreciation in 2002-04 — more than 30 states amended their state laws to avoid the loss in revenue. The new federal provisions are likely to the have the same effect. 
 
"States need every penny they can corral from their current revenue inflows to bolster their budgets," said Sujit CanagaRetna, senior fiscal analyst for the Southern Legislative Conference of the Council of State Governments. "While the stimulus package funnels billions of dollars to states for Medicaid, unemployment and other areas, decoupling from the federal tax code will inject additional revenues into state coffers at a time when they are so very urgently needed." (STATELINE) 
 
CT HAS UNANSWERED QUESTIONS ABOUT STIMULUS: Although it has been nearly two months since President Obama signed the federal stimulus act, it's still very much a work in progress. 
 
Case in point: CONNECTICUT officials have been busily working on a system to ensure the $3 billion expected to come their way in the next 24 months does what it's supposed to do: create jobs and help get the economy going again. They've appointed watchdogs, including an accountability officer, a transparency officer and a stimulus project oversight officer. They've mandated state review of local bidding on stimulus projects to guard against cronyism and political interference. But they still have a few lingering questions about the new law. 
 
According to the Obama administration, CONNECTICUT's share of the stimulus package is supposed to create 41,000 jobs. That has officials wondering: What exactly constitutes a job? Are there wage or duration requirements? Do the jobs have to be entirely new, or can they be ones that already exist? 
 
More than three weeks after a delegation from Gov. M. Jodi Rell's (R) office posed those questions in Washington, the state still hadn't received answers. 
 
"How do you define a job? That's still a really good question," said Matt Fritz, one of the governor's point people on stimulus funding. 
 
While the state continues to wait for federal guidance, it has begun working on its own definition and language that will go into every stimulus contract enabling it to track jobs up front. 
 
"We can't be in the position of going back to a town and saying: 'How many people worked on that project?'" Fritz said. (HARTFORD COURANT) 
 
SC GOV TO ACCEPT STIMULUS MONEY: After weeks of controversy, SOUTH CAROLINA Gov. Mark Sanford (R) has reluctantly agreed to accept at least some of the $8 billion in federal stimulus dollars allocated for his state. He delayed his decision until the April 3 deadline for governors to send letters to the White House certifying their states would request stimulus money and would use it "to create jobs and promote economic growth." Sanford had previously said he would only accept the money if it could be used to pay down the state's debt, but the Obama administration refused to okay that plan. The governor, however, did say in his acceptance letter that he still might not accept $700 million in education funds. "As you may be aware, our administration continues to have reservations about accepting those funds," he wrote. (STATELINE) 
 
WEB SITE RANKS STATES' FISCAL HAPPINESS: Money can't buy happiness. But in economic times like these it certainly helps. That's the sentiment behind a new study by MainStreet.com, the personal finance Web site of online financial media company, TheStreet.com. 
 
MainStreet.com's Happiness Index, released last week, ranks the 50 states' overall financial well-being on the basis of their unemployment rates, foreclosure rates and non-mortgage debt. And according to the rankings, NEBRASKA, with the nation's second-lowest unemployment rate (4.2 percent), the second-lowest foreclosure rate (1 per 25,187 households) and the fifth-lowest non-mortgage debt level as a percentage of annual income (29.2 percent), is the fiscally happiest state. 
 
"We don't go clear out on the edge with projects," explained Hastings Mayor Vern Powers. "We kind of go pay as you go. That's more what we like to do in NEBRASKA. We don't get the huge good time, but we don't get the huge bad time either." 
 
Two other Midwest states, IOWA and KANSAS, ranked 2nd and 3rd respectively, which MainStreet.com said may offer a lesson for other states. 
 
"I think that on the coasts — in NEW YORK and CALIFORNIA — we have a lot of people living beyond their means. But in the Midwest that's often not the case," said Harleen Kahlon, MainStreet.com's general manager. "Maybe the take-away is that living large is not the answer." 
 
A high unemployment rate (10.8 percent) and foreclosure rate (1 per 357 households) pushed OREGON to the bottom of the rankings, just below FLORIDA, CALIFORNIA, NEVADA and RHODE ISLAND. 
 
But MainStreet.com said OREGON is well-positioned to move up the rankings in the future due to its investment in the green sector, which is expected to experience considerable growth in the coming years. NEBRASKA, meanwhile, could be headed for a fall, the site said, because its economy is heavily reliant on corn ethanol production, which many believe is no longer the solution to America's climate change or foreign oil problems. (ABC NEWS, MAINSTREET.COM) 
 
BUDGETS IN BRIEF: Three votes in the ALABAMA House to allow debate on HB 116, a Democrat-backed constitutional amendment to eliminate the state's 4 percent sales tax on groceries — and offset the lost revenue with an income tax increase on affluent taxpayers — failed over a nine-day period ending April 2. All 43 House Republicans voted each time against bringing the measure up (ASSOCIATED PRESS, MONTGOMERY ADVERTISER). • NEW JERSEY Budget and Finance Officer David Rosen informed the Senate's budget committee that revenue for the current fiscal year, which ends June 30, is projected to be down 11 percent from the previous fiscal year. Rosen said revenue has declined year to year only twice in the last four decades and both times, in 1975 and 2002, by only about 2 percent (PHILADELPHIA INQUIRER). • IOWA court officials said last week they will ask the Legislature to allow them to furlough judges this fiscal year and next to help achieve mandated budget reductions (QUAD-CITY TIMES [davenport]). • RHODE ISLAND Gov. Donald Carcieri (R) announced last week that he will allow the $7.2 billion budget passed two weeks ago by the General Assembly, which will increase the state's cigarette tax, cut millions from local governments and do little to reform the state's public pension system, become law without his signature (PROVIDENCE JOURNAL).
— Compiled by KOREY CLARK
Politics & leadership
 

SOME FL LAWMAKERS RUING NO-TAX-HIKE PLEDGE: With their state's budget $3 billion in the hole, FLORIDA lawmakers are seriously considering a significant tax increase — on cigarettes — for the first time in nearly 20 years. The prospect of going against the bedrock conservative principle of opposing taxes is causing plenty of anxiety among the Republican majority in Tallahassee. But the greatest unease is being felt by members of the GOP who pledged to uphold that principle in writing. 
 
"I don't want to think about it until I have to think about it," said Rep. Carlos Lopez-Cantera (R). 
 
Lopez-Cantera is one of the more than 1,000 state lawmakers across the country who have signed Grover Norquist's pledge to "oppose and vote against any and all efforts to increase taxes." 
 
While some consider the pledge a campaign gimmick, many conservatives hold it sacred, viewing it as a link to the legacy of President Ronald Reagan, who encouraged Norquist to found the anti-tax group, Americans for Tax Reform. 
 
In FLORIDA, the pledge has never been much of an issue because Republicans have governed in mostly prosperous economic times. Now that the boom has turned into a bust, that's no longer the case. 
 
Not every Republican legislator has signed the pledge, only about 30 of the 102 total. (One Democrat has signed it as well.) But the list of signatories includes the three biggest names in Tallahassee: Senate President Jeff Atwater (R), House Speaker Larry Cretul (R) and Gov. Charlie Crist (R). 
 
They've taken to calling the proposed cigarette tax a "user fee." Characterized that way, the usually tax-averse Crist, who sometimes refers to "tax" as the "T-word" as though it's an obscenity, is quick to defend the proposal. 
 
"I think we all understand that the facts have changed dramatically," he has said. "We are in the largest, deepest economic challenge since the Great Depression, and we have to deal with reality. I mean, that's just how it is." 
 
But Norquist says calling the cigarette levy a "user fee" or a "surcharge" "doesn't pass the laugh test." 
 
"It's a tax," he says. 
 
Other pledge signers have sought alternative ways to justify supporting the cigarette tax. Sen. Mike Fasano (R), for instance, insists that it is necessary to keep smokers from driving up the cost of Medicaid. 
 
"No one is forced to smoke," he said. "But if you choose to do that, you need to pay the fee so that if you get sick, we're going to take care of you." 
 
Sen. Mike Haridopolos (R) recently called Norquist to ask if the billions of dollars in property tax cuts Republicans enacted in the past two years could be used to offset the cigarette tax increase. But Norquist said tax increases could only be offset by tax cuts in the same legislation. 
 
At least one lawmaker appeared thoroughly fed up with the issue, though not to the point of forgetting its significance. 
 
"Tell Grover Norquist to find us $2 billion and then I'll worry about his freaking pledge," he said — off the record. (MIAMI HERALD) 
 
STATEHOUSES FOCUSING ON PRIVACY AND FORECLOSURE: Well over 100,000 bills have already been introduced in state legislatures this year. According to State Net analysts, two of the hottest issues so far are data privacy and foreclosure. 
 
More than 450 bills pertaining to each of those issues have been introduced in over 40 states. Nine of the data privacy bills have already been adopted or enacted and 25 others have passed one house. The foreclosure bills have been even bigger movers, with 10 already adopted or enacted and 42 pending in a second house. 
 
The reason for the glut of foreclosure bills is obvious. But State Net says the flood of data privacy bills is largely being driven by the proliferation of digital information sources subject to tracking, from home computers to cell phones to GPS units, as well as the continued spread of the privacy issue beyond the financial sector, into medical records in particular. 
 
Among the other issues State Net says are seeing a lot of activity this session are electronic, medical and plastic waste; undocumented workers, chemical toxins; credit scoring; pay-to-play; carbon trading; and medical conflicts of interest. (STATE NET) 
 
POLITICS IN BRIEF: U.S. District Judge Emmet G. Sullivan dismissed the public corruption case against former U.S. Sen. Ted Stevens (R-ALASKA) and also took the unusual step of ordering a criminal inquiry of the federal prosecutors in the case. "In nearly 25 years on the bench, I have never seen anything approaching the mishandling and misconduct I have seen in this case," Sullivan told the packed Washington, D.C. courtroom (LOS ANGELES TIMES). • VIRGINIA Republicans ousted party chairman Jeffrey M. Frederick on April 4, allegedly for incompetence and mismanagement. But some believe the real reason for Frederick's dismissal was his rigid pursuit of an agenda dominated by conservative social issues at the expense of attracting more moderate voters by focusing on economic matters (WASHINGTON POST).
— Compiled by KOREY CLARK
Upcoming Elections
(04/09/2009 - 04/30/2009)

04/14/2009
Alabama Special Primary
Senate District 22

04/28/2009
New Hampshire Special Election
House Rockingham County District 4
Governors

KULONGOSKI PLAYS WAITING GAME: OREGON Gov. Ted Kulongoski (D) said last week that he has several ideas for restructuring Beaver State government, but he is waiting for the right time to take those proposals public. Those plans include fresh determinations of who runs the state's school districts, who goes to prison and which state programs get "mothballed" until the economy recovers. 
 
The governor's revelations came amidst growing criticism from both his Democratic colleagues and Republicans, many of whom are frustrated by the extremely low profile Kulongoski has kept throughout the recession. Steve Novick, a Democratic political activist and former U.S. Senate candidate who is considering running for governor next year, says Kulongoski should be making more public appearances, talking to citizens about the state's economic problems and what it will take to solve them. "The governor has a bully pulpit like nobody else does," Novick said. "I don't think he's made a huge priority of explaining the tough choices to people." 
 
State Sen. Jason Atkinson (R), who is also pondering a gubernatorial run, points to the way President Barack Obama has persistently used everything from the Internet to an appearance on the Tonight Show to communicate details of his recovery plan directly to the American people. "You've got to be out in front, leading people through this, saying 'it's going to be OK,'" Atkinson said. "That's fundamental."  
 
To date, Kulongoski has not given a single major speech laying out the problems facing the state and the solutions he envisions. That will change on May 15 when state economist Tom Potiowsky announces the next revenue forecast, numbers on which the 2009-11 state budget will be based. Kulongoski has scheduled a speech to the Portland City Club that day to outline his next steps. 
 
The governor defends his low-key approach, arguing that the public has yet to come to grips with how bad the state's financial situation really is, and how bad it may become if the recession deepens in the coming year. "This is not a lack of will on my part to want to take it on," he says, noting that he expects the real, gritty discussions on the state's future to occur between July, when the Legislature is expected to adjourn, and January, when it probably will be forced to reconvene to adjust the budget. By then, he said, Oregonians may develop the sense of urgency needed for radical change. 
 
Kulongoski says until then, he will continue to work behind the scenes with lawmakers in hopes of balancing the budget with a mix of cuts, federal stimulus dollars and potential revenue sources, such as higher taxes on corporations and cigarette smokers. He says one of his main concerns is that lawmakers will come up with a fix that ends the session but doesn't address the likely downward spiral in state revenue.  
 
"The nature of the Legislature — and this is not a complaint — is it looks for the easy way out," he said. With the state facing a potential $5 billion shortfall, he said, such a route will not be open any time soon. The direness of the situation has even made him wistful for the good old days of 2007, when he said the state was flush with money and the banking crisis hadn't hit. "When you do not have enough revenue," Kulongoski said, "a lot of the fun leaves." (OREGONIAN [PORTLAND])  
 
STRICKLAND RELEASES ED PAPERS: OHIO Gov. Ted Strickland (D) released thousands of pages of public records to a Republican lawmaker who sued for more information on the development of the governor's school-funding plan. Strickland recently proposed an "evidence-based" education system that would require schools to use programs based on research findings and would set standards for students, teachers and districts. The plan would shift more of the financial burden to the state and away from local property taxes. Rep. Seth Morgan (R) sued Strickland last week in the OHIO Supreme Court demanding that the governor comply with two public records requests Morgan made last month for the information. Strickland said he agreed to surrender the information even though he considers the request overly broad and general. (CINCINNATI ENQUIRER) 
 
GOVERNORS IN BRIEF: The popularity of NEW YORK Gov. David Paterson (D) has dropped to an all-time low. A Quinnipiac University poll of 1,528 Empire State registered voters found 60 percent disapprove of the job the governor is doing, the worst ever rating for a NEW YORK governor. More than half, 53 percent, said Paterson should withdraw his candidacy for re-election in next year's gubernatorial race (REUTERS). • ILLINOIS Gov. Pat Quinn (D) removed former Gov. Rod Blagojevich's (D) sweeping ban on campaign contributions from companies doing business with the state, saying the ban was likely unconstitutional. Quinn's order keeps reforms that Prairie State lawmakers approved barring constitutional officers from pay-to-play politics, but blocks Blagojevich's order including state lawmakers in the ban (CHICAGO TRIBUNE). • ALABAMA Gov. Bob Riley (R) signed HJR 344, which officially recog~nizes the 103 black men who served in the Heart of Dixie Legislature during the Recon~struction period after the Civil War. The resolution opens the door for the ALABAMA Historical Commis~sion to have plaques bearing the men's names and titles placed in the rotunda and on the grounds of the state Capitol (MONTGOMERY ADVERTISER). • SOUTH CAROLINA Gov. Mark Sanford (R) signed HB 3352, legislation that gives Palmetto State school districts more freedom to shift funds, furlough teachers or renegotiate salaries for retired teachers who have returned to the classroom (POST AND COURIER [CHARLESTON]). • Still in SOUTH CAROLINA, U.S. Rep. James Clyburn (D-SOUTH CAROLINA) urged Palmetto State lawmakers to sue Sanford over control of $700 million in disputed federal aid. "I don't know why anybody would fail to do what you think is the right thing to do because you're afraid you might get sued," Clyburn said. "If they get sued, then that's what the courts are for." Sanford agreed last week to accept some of the federal stimulus funds, but insists money in question should be used to pay down state debt. The Obama administration has twice rejected his requests to do so, insisting the funds be used for schools, law enforcement and balancing the state budget (STATE [COLUMBIA]). • MARYLAND Gov. Martin O'Malley (D) proposed using the state's eminent domain authority to acquire the Preakness Stakes, which is in bankruptcy. Under the proposal, the state would acquire the tracks as well as Preakness-related trademarks, copyrights and contracts, if doing so prevents "the loss of the historically, culturally, and economically important" horse racing legacy. The Preakness' current owners, Magna Entertainment Corp., said they would consider litigation to stop the takeover (BALTIMORE SUN).
— Compiled by RICH EHISEN
Upcoming Stories
 
Here are some of the topics you will see covered in upcoming issues of the State Net Capitol Journal: 
 
- Balance Billing 
 
- Data Mining 
 
- Free Choice/Card Check
Hot issues

BUSINESS: The KANSAS House and Senate give final approval to SB 160, a measure that would raise the Sunflower State's minimum wage to $7.25-per-hour. The bill is now with Gov. Kathleen Sebelius (D) for review (WICHITA EAGLE). • ILLINOIS Gov. Pat Quinn (D) signs SB 2513 (2007/08), legislation that prohibits lenders from foreclosing within the first 30 days of a homeowner becoming delinquent on his or her payments. The measure allows borrowers up to another 60-days grace period if they seek credit counseling (CHICAGO TRIBUNE). • The TEXAS Supreme Court upholds its own 2007 ruling that work-site owners are immune from negligence lawsuits by contract workers who are injured on-site if the owner has provided workers' compensation insurance. The court said state law does not explicitly prohibit a work site owner from being considered a "general contractor," which gives them immunity from injury lawsuits (AUSTIN AMERICAN-STATESMAN). • The IOWA House endorses SF 447, which would allow restaurants to seal and bag an opened but not empty bottle of wine for customers to take home. It moves to Gov. Chet Culver (D) for review (SIOUX CITY JOURNAL). • NEW MEXICO Gov. Bill Richardson (D) signs HB 489, legislation that, among other things, imposes penalties on employers who do not pay the minimum wage or overtime. Employers who violate the law could be required to pay triple wages in damages (SANTA FE NEW MEXICAN). • Still in NEW MEXICO, Richardson signs HB 612, which allows the sale and consumption of alcoholic beverages on the grounds of wineries, including in vineyards. 
 
CRIME & PUNISHMENT: The KANSAS House rejects Senate amendments made to HB 2130, which would have allowed police to stop and ticket motorists solely for not wearing a seat belt. Current law allows officers to issue a seat-belt citation only if the vehicle has been stopped for another violation (WICHITA EAGLE). • The MARYLAND Senate approves HB 296, which requires a judge to order that firearms be confiscated from people with final protective orders filed against them for as long as the order is in effect. The Senate also endorses HB 302, a bill that gives judges discretion to order the subject of a temporary protective order to give up their firearms. Both measures are now with Gov. Martin O'Malley (D) for review (BALTIMORE SUN). • NEW MEXICO Gov. Bill Richardson (D) signs HB 428, which bars police from using ethnicity, color, national origin, political affiliation, language, sexual orientation, gender, gender identity, political affiliation, disabilities or medical conditions as reasons to stop or search people (DAILY TIMES [FARMINGTON]).  
 
EDUCATION: The OREGON House approves HB 2826, which would allow employed kids younger than 16 to work an hour later during the school year and three hours later during summer. Current Beaver State law limits 14- and 15-year-olds to no more than 10 work hours per day, and only between 7 a.m. and 6 p.m. The bill extends that time to 7 p.m. and to 9 p.m. between June 1 and Labor Day. It has moved to the Senate (STATESMAN JOURNAL [SALEM]). • MISSISSIPPI Gov. Haley Barbour (R) signs SB 2628, legislation that requires students who participate in extracurricular activities to have at least a 2.0 grade-point average. The measure also allows state education officials to ask the governor to declare a state of emergency in any school district that fails to meet state standards for two consecutive years (DAILY JOURNAL [TUPELO]).  
 
ENVIRONMENT: The OKLAHOMA Senate approves HB 1464, which would create a hunting season for black bears in the Sooner State. It has moved to Gov. Brad Henry (D) for review (OKLAHOMAN [OKLAHOMA CITY]).  
 
HEALTH & SCIENCE: The IOWA House approves HF 311, which requires health insurers to cover the cost of prosthetic limbs. It has moved to Gov. Chet Culver (D) for review (DES MOINES REGISTER). • ILLINOIS Gov. Pat Quinn (D) signs SB 101 (SF 2007/08), which requires health insurance policies to cover therapy for children under 19 with disorders like autism and cerebral palsy. Those services include occupational, physical and speech therapy as well as other prescribed services (STATE NET). • The OREGON Senate approves SB 24, which requires health insurers to cover telemedicine health service if that service otherwise is covered by the plan. It is now with the House (STATESMAN JOURNAL [SALEM]). • The NEW HAMPSHIRE Senate endorses SB 188, which would bar medical providers from "balance billing" patients when their health coverage doesn't pay the full amount the hospital charges. It is now with the House (STATE NET). • The MARYLAND Senate approves HB 235, which prohibits health insurers from rescinding coverage unless the carrier can show proof the insured person lied on his or her application. It now goes to Gov. Martin O'Malley (D) for review (STATE NET).  
 
SOCIAL POLICY: The VERMONT House and Senate override a veto from Gov. Jim Douglas of SB 115, legislation that allows same-sex couples to marry. The Green Mountain State becomes the fourth to allow same-sex marriage (RUTLAND HERALD). • The District of Columbia City Council approves a proposal to recognize same-sex marriages performed in states where such unions are legal. The proposal must gain Congressional approval before it can become law (WASHINGTON POST). • The KANSAS House and Senate give final approval to SB 218, which would require doctors to give a more detailed justification for performing late-term abortions. The measure would also require information given to women before an abortion to declare that the procedure will terminate a "unique living human being." The bill is now with Gov. Kathleen Sebelius (D), who vetoed a similar measure last year (WICHITA EAGLE).  
 
POTPOURRI: The TENNESSEE House endorses HB 962, legislation that would allow people with concealed-carry handgun permits to bring their weapons into restaurants that serve alcohol. The measure has shot off to the Senate (TENNESSEAN [NASHVILLE]). • The ARKANSAS Senate approves HB 1623, a bill that would keep the names and zip codes of the holders of concealed handgun permits public but exempt other information from the state Freedom of Information Act. It moves to Gov. Mike Beebe (D) for review (ARKANSAS NEWS [LITTLE ROCK]). • NEW MEXICO Gov. Bill Richardson (D) signs HB 265, which bans the use of carbon monoxide gas chambers for killing dogs and cats at animal shelters. Richardson also signed HB 593, which allows trained and licensed euthanasia technicians to purchase and administer the drugs used for destroying shelter animals. The technicians do not have to be veterinarians (DAILY TIMES [FARMINGTON]).
— Compiled by RICH EHISEN
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: 437 
 
Number of Intros last week: 2,068 
 
Number of Enacted/Adopted last week: 1,713 
 
Number of Prefiles to date: 29,415 
 
Number of Intros to date: 123,391 
 
Number of Enacted/Adopted overall to date: 13,792 
 
— Compiled By JAMES ROSS
(measures current as of 04/08/2009)
Source: State Net database
Once around the statehouse lightly

A GREAT TIME, PRETTY POOR TASTE: WEST VIRGINIA Sen. Roman Prezioso wasn't exactly surprised when SB 419, a measure he co-sponsored that would have required fast food chains to post the calorie counts of their menu items, was defeated last week. But Prezioso, who chairs the Senate Health and Human Resources Committee, was less than thrilled how his colleagues in the House went about it. As the Charleston Gazette reports, the House Government Organization Committee first gutted the measure, and then killed it entirely — all while committee members dined on a breakfast of biscuits from McDonald's and Krispy Kreme doughnuts. A miffed Prezioso said the fast food noshings only mocked the state's serious obesity issues and tarnished the Legislature's image with the public. He was at a loss for a reason why the bill drew such animosity, but reasoned that, "Maybe they were weighed down by all the biscuits." 
 
NO MORE NUT JOBS PLEASE: Things are apparently getting a little nutty at the WISCONSIN state Capitol. As the Milwaukee Journal-Sentinel reports, someone has been dumping piles of peanuts on the statehouse lawn, presumably to feed the squirrels who live on the grounds. But Assistant Facilities Director Ron Blair contends that the gobs of goobers could be a very dangerous temptation to young children with peanut allergies. He has notified everyone in the area, including Badger State lawmakers, that he wants whoever is doing it to cease and desist right away. So far, most observers have opined that Blair could be making a teensy bit bigger issue out of this than is necessary, but they are willing to go along. Assembly Minority Leader Jeff Fitzgerald was a little less understanding, however. When asked about the directive, Fitzgerald responded, "You kidding me? We've got bigger problems than that." 
 
SKIRTING THE ISSUE: Once a year, the NEW HAMPSHIRE House celebrates "Tartan Day," a time when members with Scottish roots don their favorite plaids to honor that heritage. As the Concord Monitor reports, many male House members even wear their favorite kilt. In a wee bit of irony, this year's event, which came last Wednesday, fell on the same day the House voted on HB 415, a highly controversial measure to ban landlords, employers and others from discriminating against individuals who were born into one sex but who identify as the other. This coincidence brought a chuckle to Rep. Ed Butler, who sponsored the bill. "All I can say is that there will be men in skirts, or if you will, kilts, waiting in the wings!" he said. The House approved the measure by one vote, sending it to the Senate.  
 
GRIN AND BEAR IT: For all of his fame and fortune, CALIFORNIA Gov. Arnold Schwarzenegger is not immune to buying tacky souvenirs when he is traveling. On a recent fundraising trip, the Governator came across an enormous bronze sculpture of a grizzly bear that he just had to have. Last week, the 800-pound-plus statue made its debut in the hallway outside his office. As the Capitol Morning Report notes, Schwarzenegger bought the piece — which kind of resembles a large dog — on the premise that the numerous school children who visit the Capitol will enjoy taking their picture in front of it. Although Schwarzenegger paid for the statue and the shipping with his own cash, his spokesperson said the governor will likely donate it to the state when he leaves office.
— By RICH EHISEN
In Case You Missed It

With state coffers still at record lows, The April 6 issue of SNCJ reported that lawmakers are taking a new look at taxing their wealthiest residents in the effort to balance their budgets. 
 
In case you missed it, the article can be found on our Web site at http://www.statenet.com/capitol_journal/04-06-2009/html
Credits
 
Editor: Rich Ehisen
Associate Editor: Korey Clark
Contributing Editor: Virginia Nelson and Art Zimmerman
Editorial Advisor: Lou Cannon
Correspondents: Richard Cox (CA), Steve Karas (CA), Bruce McKeeman (CA), Linda Mendenhall (IL), Lauren King (MA) and Ben Livingood (PA)
Graphic Design: Vanessa Perez
A Publication of State Net - http://www.statenet.com