Do budget woes have California down for the count?
 
Predictive political analysis is risky, so it would normally be prudent to let the votes be cast and counted in CALIFORNIA's special election of May 19 before estimating how much money state government will need to win its latest bout against bankruptcy.
 
But let's join CALIFORNIA Gov. Arnold Schwarzenegger (R) in casting prudence to the winds. The five ballot measures he says are needed for the state's fiscal survival are trailing so badly in the polls that even Schwarzenegger, their ardent supporter, talked recently about what would happen "when the initiatives fail." He later changed the "when" to an "if," but the verbal slip reflected recognition of reality. Even if the measures pass, it won't be a walk in the park; free-falling revenues would still leave CALIFORNIA with an $8 billion budget gap. If the measures fail, the gap will become a chasm-more than $21 billion in the projections of legislative analyst Mac Taylor, who blames only about half the shortfall on the Great Recession. CALIFORNIA has been failing structurally since the state deregulated energy in the 1990s almost without debate. The result was the energy crisis of 2000-2001, when the state paid enormous prices on the spot energy market just to keep its lights on. This was followed, during the reign of Schwarzenegger's predecessor, Gray Davis (D), by the squandering of tax revenues from the dot.com boom. Davis proposed saving some of the windfall revenues and spending the rest on one-time programs. The Legislature instead plowed all the money into existing programs, and Davis did not resist. When the dot.com boom collapsed, the state was in a hole. It has been postponing the day of reckoning ever since through borrowing and fiscal gimmicks. 
 
The breakdown is thoroughly bipartisan. Davis is a Democrat and Schwarzenegger a Republican, albeit a moderate one. The Legislature has been in Democratic hands since the dawn of time. Because CALIFORNIA requires a two-thirds majority for budget passage, the minority Republicans, mostly conservative, have until this year been able to block any budget-balancing tax increase. The majority Democrats, mostly liberal and under the thumb of the public employee unions, have been equally doctrinaire in resisting a spending cap that might have forced budgetary discipline. Neither side embraced an adequate rainy-day fund, a persistent need in a state that is heavily dependent on the volatile income tax, which produces wide swings in revenue from year to year. Proposition 1A, the key measure in the package facing apparent defeat in the May 19 election, addresses all these issues by strengthening the rainy day fund, imposing a mild spending cap, and maintaining recent tax increases. But neither party can take "yes" for an answer. At their state convention, Democrats ignored pleas from their legislative leaders to endorse Prop. 1A and ducked the issue because the party's left wing opposed the spending cap. Meanwhile, most Republican office-holders have denounced Prop. 1A because of the tax increases, even though the increases would expire in two years while the spending cap would remain in place. There are exceptions to this shortsightedness. The most conspicuous on the GOP side is Tom Campbell, a candidate for governor in 2010 with a solid record in Congress and state government. Campbell, who has a doctorate in economics, backs Prop 1A, which resembles a reform he proposed many years ago. But he is given little chance to win the nomination against two wealthier opponents. 
 
Confused and disgusted voters have largely tuned out politicians of both parties, except for President Barack Obama, and the turnout for this election is likely to be low. CALIFORNIA could run out of cash to pay its bills by July, and its low bond rating, the worst of the 50 states, will limit the borrowing that has been Schwarzenegger's favorite device for avoiding a reality check. To meet the state constitutional requirement of a balanced budget, Schwarzenegger and the Legislature will be forced to make huge across-the-board cuts that will impact the quality and quantity of education, health care and virtually every other service. Government workers, in a state that already has an 11.4 percent unemployment rate, will be laid off. The state's overcrowded prisons may have to release many presumably less dangerous inmates as a cost-cutting measure. 
 
So seen through the lens of state government, the situation in CALIFORNIA looks bleak. But there are other ways to look at it, as this columnist, who lives near Santa Barbara on the central coast of CALIFORNIA, is aware. This picturesque community, like others in ARIZONA, FLORIDA, GEORGIA and TEXAS, is surrounded by forests and brush land and suffers from drought. Early in May, for the fourth time in two years, the Santa Barbara area was swept by a devastating wildfire. CALIFORNIA has superbly trained firefighters and a sophisticated mutual-aid system in which state and local governments coordinate their response and wage a combined assault against the fires from ground and air. Firefighters charge into danger, and 13 of them were injured in suppressing this latest blaze, which forced the evacuation of more than 30,000 people and could have resulted in the loss of hundreds of homes. Because of the brave and efficient response, fewer than 80 homes were destroyed. There were no civilian casualties. 
 
On a less dramatic level, local government in CALIFORNIA performs ably every day. William Hauck, president of the California Business Roundtable, observes that local government is close to the voters and anticipated the impact of the Great Recession in ways that the state did not. Various projects were deferred and city and county workers were furloughed a few days at a time to avoid permanent job losses or severe reductions in services. Local government in CALIFORNIA, unlike state government, is non-partisan, creating a context that makes consensus more achievable. Thomas Jefferson can rest easy, for local government still works. 
 
Throughout much of America, state government is working too, helped by the $787 billion federal stimulus bill, known as the Recovery Act. But as Raymond Scheppach, an economist and executive director of the National Governors Association, has observed, state revenues are closely tied to employment rates. Both are lagging indicators that will not improve greatly until after the recession. That is one reason that it was important for states, as all but a handful of Republican governors recognized, to accept the increased unemployment insurance provided by the federal Recovery Act. The opposition governors claimed that states might be stuck with higher tabs for unemployment insurance when the federal subsidies ran out. Last month this column declared that states could forestall this problem with sunset laws that reduced jobless insurance when the federal subsidy ended. Debra Scott, legislative aide to State Sen. Frank Wagner (R) of VIRGINIA, informed us that federal regulations prohibit sunset legislation. Her source was Commissioner Dolores Esser of the Virginia Employment Commission, who confirmed that states cannot pass sunset laws but said they can by legislative action "revert" to their original rules on unemployment insurance once the federal subsidy ends. "Sunset" and "revert" is a distinction, to be sure, but without much of a difference. Extended unemployment insurance can mitigate the hardships of the Great Recession and should be gratefully accepted by all states. 
 
VIRGINIA, by the way, ranks among the bottom ten of the states in the share of the unemployed — 29 percent — receiving benefits, according to a "safety net" survey by the New York Times. But CALIFORNIA has its black marks, too. Only 50 percent of Californians who are eligible for food stamps receive them, putting the state in the bottom ten of the Times survey in this category. In more ways than one, the Golden State has truly lost its luster.

Large variation among states in aid to needy
 
The current economic crisis has millions of Americans seeking government aid. But their odds of finding it varies considerably from state to state and even program to program, according to a report by the New York Times, which examined state-by-state enrollment in six federal programs: welfare, unemployment, housing assistance, food stamps, and health insurance for poor adults and for poor children. Only 50 percent of those eligible for food stamps receive them in CALIFORNIA, while 98 percent do in MISSOURI. Nineteen percent of SOUTH DAKOTA's unemployed receive jobless benefits, while 67 percent of IDAHO's do. But although CALIFORNIA ranks last in distributing food stamps, it ranks second in doling out welfare, and SOUTH DAKOTA, which ranks last in jobless benefits, ranks first in subsidized housing, a dichotomy that exists in 13 other states.

STIMULUS SPIGOT TRICKLING INSTEAD OF FLOWING: When Congress was working on the federal economic stimulus package earlier this year, there was a lot of talk in Washington about "shovel-ready" projects and time being of the essence. But nearly three months after President Obama signed the stimulus bill, less than 6 percent of the $787 billion in aid it allocated has actually been paid out. 
 
Most of that roughly $45.6 billion has gone to the states to help them cover the costs of Medicaid, unemployment benefits and income tax cuts that started taking effect this spring. Although many states have begun road construction projects, as of the first week of May, the Department of Transportation had spent only about $11 million on them. 
 
The stimulus package included $135 billion to help state government avoid big layoffs, but many states are laying off large numbers of public employees. WASHINGTON state lawmakers agreed on a budget a few weeks ago that will necessitate thousands of layoffs at public colleges, high schools and elementary schools. And ARIZONA has had to let go so many social service workers that the state no longer investigates all complaints of child or elder abuse. 
 
"Don't be a child or a vulnerable adult in ARIZONA," said Tim Schmaltz of the Protecting Arizona's Family Coalition. 
 
Obama administration officials maintain that the stimulus program is on schedule. In an interview last week, Vice President Joseph R. Biden Jr. said: "We're 85 days into a two-year program here — we're trying to get the money out as quickly as we can, but not too quickly, so we don't end up really screwing up here. Because we're talking about big dollars here, these are big numbers, this is unprecedented. And in 85 days we've gotten tens of billions of dollars out the door, and so far — knock on wood — no real big problems, no real big glitches." 
 
Still, Biden vowed the speed of stimulus spending would pick up. 
 
"In baseball terms, I think there's going to be real pace on the ball here," he said. "I think that what you're going to see happen here is the velocity of this will increase not just arithmetically, but geometrically here. At least, we've got to make that happen." 
 
The size of the program has made it an administrative challenge not only for the new administration but also for states. Some of them have been slow in getting their required paperwork to Washington. VIRGINIA, for instance, has yet to send its list of road projects to the Department of Transportation. 
 
Some, however, believe the layoffs are an early indication that the size of the stimulus package is insufficient to address states' deteriorating financial situation. They lament the fact that the U.S. Senate cut $25 billion in state aid from the stimulus bill passed by the House to secure the support of conservative Democrats and the three Republicans needed for a filibuster-proof vote. 
 
A spokesman for one of those conservative Democrats, Sen. Ben Nelson of NEBRASKA, defended the cut, saying the main goal of the stimulus wasn't preventing state layoffs. 
 
"This is a stimulus bill, not a state bailout bill," he said. "While the economic recovery bill will undoubtedly help states with their budgets and employment, the primary intent was to stimulate the economy." 
 
One of the three Republicans, Sen. Susan Collins of MAINE, was even more blunt: "The bloated House-passed bill stood no chance of passing the Senate." 
 
But some state officials are grateful for the money they are receiving. MAINE Finance Commissioner Ryan Low said his state has had to lay off 250 people, but the stimulus money will keep it from having to lay off a lot more, even though it is facing a new $570 million budget shortfall. 
 
"Without any recovery funds...we would be in a very, very different situation," he said. (NEW YORK TIMES, WASHINGTON POST) 
 
SCHWARZENEGGER PROPOSES DOOMSDAY BUDGET SCENARIOS: CALIFORNIA Gov. Arnold Schwarzenegger (R) released a pair of dire budget proposals last week to address the state's worsening fiscal crisis. 
 
The first scenario, designed to tackle the $15.4 billion deficit the state would face if the May 19 ballot propositions pass, calls for, among other things, $6 billion in borrowing and $3 billion in cuts to public schools. The second scenario, aimed at the $21.3 billion budget hole projected if the ballot measures fail, proposes cutting school funding by $5.4 billion, dropping 225,000 children from the children's health insurance program, reducing the state workforce by 5,000 employees and selling off state-owned properties, including the Los Angeles Coliseum, the Orange County Fairgrounds and San Quentin Prison. 
 
"To solve our immediate cash crisis, we simply cannot avoid deep and painful cuts in spending, Schwarzenegger wrote in a statement. "Some of these solutions are things I would never have considered in the past but, unfortunately, our state could be in a worst case scenario if the propositions fail." 
 
With most of the ballot measures appearing headed for defeat, some dismissed the budget proposals as a scare tactic. Others were more specific with their criticism. State Sen. Roderick Wright (D), for instance, found fault with the idea of selling the Coliseum. 
 
"You've got a depressed market, so you are not going to get its full value," he said. "To try to sell the LA Coliseum now in a fire sale is not a prudent thing to do." 
 
Zev Yaroslavsky, L.A. County Supervisor and president of the L.A. Coliseum Commission, didn't care much for Schwarazenegger's Coliseum proposal either. 
 
"The idea is absurd," he said. "The Coliseum is a national historic monument. You cannot sell it anymore than you can sell the Statue of Liberty or the Washington Monument." (LOS ANGELES TIMES, CALIFORNIA GOVERNOR'S OFFICE) 
 
FL BAILED OUT ON BUDGET: At 2:57 p.m. on Friday, May 8, the sergeants at arms of the FLORIDA House and Senate dropped white handkerchiefs on the fourth floor of the Capitol rotunda. The traditional closing flourish of the Sunshine State Legislature's sine die ceremony was particularly appropriate this year, when the state was rescued from a $6 billion budget shortfall by the federal government, taxpayers and gambling interests. The principal savior was the federal stimulus, which provided a $5 billion infusion of cash. But the ailing economy still forced the conservative Republicans who control the Legislature to surrender their opposition to tax hikes and expanded gambling. As a result, drivers will pay more to renew their licenses and car registrations, smokers will pay $1 more for a pack of cigarettes, and thousands more slot machines will be installed at Indian reservations and other gambling locations around the state. Nonetheless, Republicans boasted about what they didn't do: cut public school spending or eligibility for Medicaid, although federal rules for taking the stimulus prevented them from doing so. "We increased education spending in a year when we had to cut the budget by billions of dollars," said Rep. Carlos Lopez-Cantera (R). "I'm going to be proud." (MIAMI HERALD, ST. PETERSBURG TIMES) 
 
BUDGETS IN BRIEF: The Obama administration notified states last week that they can use a portion of their federal economic stimulus funds to track stimulus spending. Many officials had been worried about how states were going to make sure the $275 billion they'll receive over the next seven years is spent properly (see States seek help sorting out stimulus in May 11 issue of SNCJ) (DENVER POST). • First-quarter revenues were down 12.6 percent — about $20 billion — from the first quarter of last year in 47 states included in a report released last week by the Nelson A. Rockefeller Institute of Government at the State University of NEW YORK. The biggest drops were in corporate income taxes, which fell 16.2 percent, and personal income taxes, which were down 15.8 percent. Sales taxes declined 7.6 percent (WALL STREET JOURNAL). • There were a third less self-reported million-dollar earners among MARYLAND's April tax filers than there were a year ago, according to the state comptroller's office. The finding has renewed debate over whether the state's one-year-old "millionaires' tax" is driving wealthy residents out of the state (WASHINGTON POST). • GEORGIA Gov. Sonny Perdue (R) vetoed HB 481, a capital gains tax cut and various tax credits for small businesses last week. He said the state could not afford the breaks in the current economy (MACON TELEGRAPH). • FLORIDA Gov. Charlie Crist's (R) bid to buy 72,800 acres of U.S. Sugar Corp. farmland for Everglades restoration won final approval last week. Financing for the $536 million deal still has to be secured by June 2010 (MIAMI HERALD). • With WASHINGTON state lawmakers unable to obtain a two-thirds vote even for a 25-cent increase on phone bills to improve the handling of emergency calls, the state budget approved by the Legislature last week (HB 1244) includes no new tax increases. But the spending plan includes plenty of fee increases, which don't require a supermajority vote: 48 hikes totaling $87 million this year and $186 million next year (SPOKESMAN-REVIEW [SPOKANE]).

BUDGET PROPS MIGHT FARE BETTER IN CA'S FUTURE: The prospects certainly don't look good for the ballot measures CALIFORNIA voters will consider tomorrow (May 19) as a result of the February budget deal worked out between Gov. Arnold Schwarzenegger and state lawmakers. 
 
Recent polls show that voters oppose all of the measures — which include a spending cap and tax hike (Proposition 1A), and authorization to borrow $5 billion against future California Lottery revenues (Prop. 1C) — but one: Prop. 1F, which would prevent state legislators from receiving pay hikes in deficit years. 
 
Mark DiCamillo, director of the Field Poll, also anticipates that turnout will be low, between 25 and 33 percent — less than half of the 79 percent turnout in November — and that 42 percent of the those voters will be Democrats and 40 percent Republicans, a much more conservative slant than the latest state registration figures show (45 percent Democrat, 31 percent Republican, according to the secretary of state's office). 
 
"This is going to be a 'Tea Party' turnout with everybody who's angry about taxes, and that's a big advantage for the 'no' side," said Bill Carrick, a Democratic strategist unaffiliated with any of the ballot measure campaigns. 
 
But while the outlook may not be good for Props 1A-1E tomorrow, it may be better for measures like them in the future. Nearly a third of the over 1 million immigrants who became U.S. citizens last year — almost twice the number that did two years before — reside in CALIFORNIA. Mexicans constituted the largest group, nearly a quarter of the 300,000 total, followed by Indians, Filipinos, Chinese, Cubans and Vietnamese. And some political analysts believe such citizens will eventually reshape the state's electorate and rearrange its policy priorities. 
 
Some polls show Latinos and Asians are more supportive of public services than whites, even if higher taxes are required to provide those services. Most Asian Americans also supported a failed 2004 CALIFORNIA ballot measure that would have required large businesses to provide health insurance to their employees, according to analysis by the Asian Pacific American Legal Center in Los Angeles. Even more to the point, most Latinos support Props 1A-1E, while most whites oppose them, according to recent polling by the nonpartisan Public Policy Institute of California. (SACRAMENTO BEE, LOS ANGELES TIMES) 
 
UNION MAY HAVE UNDULY INFLUENCED STIMULUS POLICY DECISION: As part of the same February budget deal, CALIFORNIA lawmakers reduced the state's contribution to a state-local program that pays the wages of health workers who care for the elderly and ill in their homes. But on April 30, the Obama administration informed the state that it would forfeit $6.8 billion in federal stimulus aid unless it revoked the cut, because it would force strapped local governments to cover the loss in state funding. Officials in the CALIFORNIA governor's office said last week that the administration's decision may have been improperly influenced by the powerful Service Employees International Union, which receives millions of dollars in dues each month from CALIFORNIA's hundreds of thousands of home healthcare workers and which was one of the Obama campaign's biggest donors, contributing $33 million. 
 
The officials were particularly concerned that representatives of the SEIU participated in a conference call in which state and federal officials reviewed the cut and the terms of the stimulus program. 
 
"The involvement of a stakeholder in this kind of state-federal deliberative process is unusual at best," said CALIFORNIA Secretary of Health and Human Services Kim Belshe. "This was really atypical and outside any norm I am familiar with." 
 
SEIU spokeswoman Michelle Ringuette called the implication that there was anything improper about the union's role in the conference call "absurd." 
 
"We lobbied the Obama administration to get the stimulus money to CALIFORNIA as quickly as possible, and we pointed out when the state considered action in violation" of the terms for receiving that money, she said. "We make no apology...for expecting the Schwarzenegger administration to obey the law." 
 
The administration has appealed to U.S. Secretary of Health and Human Services Kathleen Sebelius to overturn the ruling. (LOS ANGELES TIMES) 
 
POLITICS IN BRIEF: NEW YORK Gov. David A. Paterson (D) called for the resignations of all 12 sitting members of the state's ethics oversight commission last week. The governor's action came hours after a report revealed that the panel's director of the state Commission on Public Integrity had repeatedly leaked confidential information about an inquiry into the Spitzer administration to a top aide of the former governor (NEW YORK TIMES).

LYNCH TO SIGN GAY MARRIAGE BILL: NEW HAMPSHIRE Gov. John Lynch (D) said he will sign off on legislation legalizing same-sex marriage if lawmakers amend the current bill to give churches greater protections against lawsuits for refusing to conduct "marriage ceremonies that violate their fundamental religious beliefs." Legislative leaders said they would go along with Lynch's wishes, virtually assuring the Granite State will become the sixth to endorse same-sex marriages. 
 
Although Lynch has said he personally does not support gay marriage, he made it clear in his statement that he wanted to view the matter "through a broader lens."  
 
"Throughout history, our society's views of civil rights have constantly evolved and expanded," Lynch told reporters. "New Hampshire's great tradition has always been to come down on the side of individual liberties and protections." 
 
Lawmakers approved the bill, HB 436, more than a week ago but it had not yet made it to Lynch's desk. Senate President Sylvia Larsen (D) and House Speaker Terie Norelli (D) predicted the Legislature would act quickly to adopt the changes, perhaps as early as this week. Once he receives it, Lynch will have five days to sign the bill, veto it or allow it to become law without his signature. If and when he inks his name to the measure, RHODE ISLAND would become the last New England state to not legally accept same-sex marriage.  
 
While gay marriage supporters lauded Lynch's decision, opponents were equally dismayed. NEW HAMPSHIRE Republican Party Chairman John H. Sununu criticized Lynch, saying, "Once again, Gov. Lynch has discovered a way to be against something and for it at the same time," a reference to Lynch contending that he personally opposed gay unions.  
 
Kevin Smith, director of Cornerstone Policy Research, the group that led the fight against same-sex marriage in NEW HAMPSHIRE, said Lynch had misled state residents, and that the bill does nothing to "protect the religious liberties of independent business owners, such as photographers and caterers, who in good conscience cannot perform their services for same-sex marriage ceremonies." 
 
But Representative James Splaine (D), the openly gay lawmaker who was the primary sponsor of the same-sex marriage legislation, believes politicians are merely reflecting the will of the public, which he believes is becoming far more accepting of same-sex unions.  
 
"Harvey Milk's advice in 1978 — 'Come out, come out, wherever you are' — was an important message," Splaine said. "When people see that we're their friends, their co-workers, their family members, it becomes much more difficult for people to discriminate. (BOSTON GLOBE, NEW YORK TIMES, ASSOCIATED PRESS) 
 
CRIST TO RUN FOR U.S. SENATE: FLORIDA Gov. Charlie Crist (R) ended months of speculation last week by announcing he will run for the U.S. Senate rather than seek a second term as the Sunshine State governor. Crist is already considered to be the front runner in the race to replace retiring Sen. Mel Martinez (R-FL).  
 
Crist kept his announcement low key, eschewing a press conference in favor of a simple release stating his intention to seek the Senate seat. "Here in Florida, we've shown that when we put people first and work together much can be accomplished, and I intend to bring that same approach to Washington," Crist said in the release.  
 
The announcement received immediate support in some GOP circles. Less than 15 minutes later, in fact, the National Republican Senatorial Committee endorsed him over the person previously considered to have the best shot at replacing Martinez, former House Speaker Marco Rubio. "While I believe Marco Rubio has a very bright future within the Republican Party, Charlie Crist is the best candidate in 2010 to ensure that we maintain the checks and balances that Floridians deserve in the United States Senate," said NRSC chairman and TEXAS Sen. John Cornyn. 
 
Some also see the move as Crist positioning himself for a future presidential run, perhaps as early as 2012. Susan A. MacManus, a political science professor at the University of South Florida, said that 2008 GOP presidential candidate John McCain passing him over for a place on the ticket in favor of ALASKA Gov. Sarah Palin (R) may have prompted Crist to determine that Congress is a better stepping-off point than a governor's office.  
 
"In the past, people always talked about how the best path to the presidency is thought to be the governor's office," MacManus said. "But with all the globalization and international issues, the Obama victory may be the start of a time when the path is more through Congress." 
 
There is some question, however, whether the GOP's conservative wing will support the more moderate Crist, whose support of environmental policies and President Obama's federal stimulus package has rankled the party rank-and-file.  
 
"Crist doesn't represent a right-wing philosophy or a left-wing philosophy. He represents no philosophy," said Ana Navarro, a leading FLORIDA GOP fundraiser and one of Crist's most outspoken Republican critics. 
 
Crist is the first sitting FLORIDA governor to not seek re-election since the state constitution was changed in 1968 to allow governors to serve more than one term. His departure is expected to set off a domino effect of lawmakers seeking higher office, including all three current cabinet members — Chief Financial Officer Alex Sink, a Democrat, and Republicans Attorney General Bill McCollum and Agriculture Commissioner Charles Bronson — who will likely seek to replace their outgoing boss as chief executive. That will in turn prompt other elected officials to bid for their seats as well as others. 
 
"Obviously, it puts a lot of seats up for grabs," said former Rep. Jim Davis (D), who was Crist's 2006 gubernatorial opponent. Davis said the state's economic troubles will likely reflect poorly on sitting lawmakers, and could prompt voters to choose candidates who represent "change."  
 
"We've only had one statewide elected Democratic official at the state level, Alex Sink, and I think you're going to see more after this election," Davis said. The Democratic Governors Association has already stated its support for Sink, with DGA Chairman and MONTANA Gov. Brian Schweitzer saying last week that Sink gives the party "an excellent opportunity to return this governorship to the Democratic column." (MIAMI HERALD, NEW YORK TIMES, ASSOCIATED PRESS, POLITICO)  
 
GOVERNORS IN BRIEF: Citing ongoing problems with prisoners using cell phones to conduct illegal activities, MARYLAND Gov. Martin O'Malley (D) has asked federal officials to authorize the state to conduct a cell phone jamming demonstration in an Old Line State prison. O'Malley needs the Federal Communications Commission to sign off on the plan before it can move forward (GAZETTE [GAITHERSBURG]). • CONNECTICUT Gov. M. Jodi Rell (R) reiterated her support for the death penalty, saying she believes that "some crimes are so heinous that the death penalty is the only option." Rell's comments came days before the House endorsed HB 6578, which would abolish capital punishment in the Constitution State (HARTFORD COURANT). • ALASKA Gov. Sarah Palin (R) announced she has reached a deal with HarperCollins to write her memoirs. The tome is scheduled to be released in 2010 (ASSOCIATED PRESS). • MICHIGAN Gov. Jennifer Granholm (D) is one of six people thought to be on President Barack Obama's short list of candidates to replace retiring U.S. Supreme Court justice David Souter. Former ARIZONA Gov. and current Department of Homeland Security chief Janet Napolitano (D) is also said to be under consideration (DETROIT FREE PRESS). • IDAHO Gov. Butch Otter (R) signed a bill (HB 24) that creates a specialty "Gold Star Family" license plate for families who have lost a member in military combat. "If there was ever an appropriate specialty license plate, this is it," Otter said (IDAHO SPOKESMAN-REVIEW [BOISE]). • ARKANSAS Gov. Mike Beebe (D) became the latest governor to open a Twitter account, the social networking site that allows "Tweeters" to send their followers messages of 140 characters or less. Approximately 17 governors now use the service (ARKANSAS DEMOCRAT GAZETTE [LITTLE ROCK]).

BUSINESS: The NORTH CAROLINA Senate approves SB 749, which would eliminate a new state requirement that auto insurance policies provide the same level of coverage for uninsured and underinsured motorist protection that they do for liability coverage. The measure moves to the House (NEWS & OBSERVER [CHARLOTTE]). • The KANSAS Legislature approves SB 51, which would bar Sunflower State cities from annexing tracts of more than 65 acres unless the landowners agree. The bill is now with Gov. Mark Parkinson (D), who has not indicated if he will sign it into law (KANSAS CITY STAR). • MASSACHUSETTS officials give final approval to new statewide regulations that will require restaurant chains with 20 or more Bay State locations to post calorie counts for each item on their menus. The regulations, which officials say are designed to combat obesity, take effect Nov. 1, 2010 (BOSTON HERALD). • The ARIZONA House approves HB 2474, which would prohibit most property and business owners from barring employees from leaving guns in their vehicle on company property. Companies can still bar guns from being brought into their buildings. The bill shoots off to the Senate (ARIZONA DAILY STAR [TUCSON]). • The MICHIGAN House approves HB 4764, legislation that would require manufacturers to report what chemicals they use in toys and other products used by children. It heads to the Senate (DETROIT FREE PRESS).  
 
CRIME & PUNISHMENT: The CALIFORNIA Assembly approves AB 382, which would force Golden State prison authorities to consider inmates' gender identity when making housing decisions. The bill moves now to the Senate (SACRAMENTO BEE). • WASHINGTON Gov. Christine Gregoire (D) signs HB 2194, which allows state correctional facilities to release incapacitated inmates if their release would save the state money. Death row inmates, or those serving life without parole, would be ineligible. It goes into effect in August (SEATTLE POST-INTELLIGENCER). • Still in WASHINGTON, Gregoire signs HB 1148, legislation that extends the protections of domestic violence restraining orders to pets owned by the person who secures the order. Courts could also bar those subject to the order from having contact with the pet (SEATTLE POST-INTELLIGENCER). • The NORTH CAROLINA House approves HB 827, which would make it a crime to leave a child younger than 9 alone in a car if a reasonable person would think that the child is at risk. Leaving the engine running or keys in the car with a child in it would also be against the law. The measure moves to the Senate (NEWS & OBSERVER [CHARLOTTE]). • The ILLINOIS Senate approves HB 370, which would send uninsured drivers who cause an accident to jail for up to a year. The bill moves to Gov. Pat Quinn (D) for review (QUAD CITY TIMES [SPRINGFIELD]).  
 
EDUCATION: The CALIFORNIA Senate approves SB 247, a proposal to allow Golden State school districts to satisfy state textbook requirements by providing each student with hardware and software that meet the same accessibility requirements that printed textbooks offer. The measure moves to the Assembly (LOS ANGELES TIMES). • INDIANA Gov. Mitch Daniels (R) signs HB 1462, which gives Hoosier State teachers immunity from lawsuits over student discipline, provided they have acted reasonably. The new law also requires schools to conduct a national criminal background check on any new school employee and on almost all current teachers within five years (INDIANAPOLIS STAR). • The OHIO House endorses HB 19, a proposal to require Buckeye State school districts to adopt policies to help prevent teen dating violence. It moves to the Senate (DAYTON DAILY NEWS 
 
ENVIRONMENT: The NORTH CAROLINA Senate approves SB 1018, a bill that would create a three-county pilot program to ban distribution of plastic bags at large retail stores. The ban would apply only to outlets larger than 5,000 square feet or those that are part of a retail chain with five or more stores in the state. It moves to the House (CHARLOTTE OBSERVER). HEALTH & SCIENCE: The CALIFORNIA Assembly endorses AB 119, which would bar health insurers from using gender as the basis for charging higher coverage premiums. It moves to the Senate (SACRAMENTO BEE). • The NORTH CAROLINA House approves HB 2, legislation that would ban smoking in bars and restaurants. It moves to Gov. Bev Perdue (D), who has said she will sign it into law (NEWS & OBSERVER [CHARLOTTE]). • The WISCONSIN Senate and Assembly endorse SB 181, legislation that would ban smoking in almost all public places. The measure, which exempts tribal casinos, existing cigar bars and tobacco shops, moves to Gov. Jim Doyle (D) for review (MILWAUKEE JOURNAL-SENTINEL).  
 
IMMIGRATION: The RHODE ISLAND House approves HB 5143, legislation that would require Ocean State employers to use the federal E-Verify system to ensure their workers are in the country legally. It heads to the Senate, where similar bills have died in each of the last two years (PROVIDENCE JOURNAL).  
 
SOCIAL POLICY: The NEW YORK Assembly approves AB 7732, a bill that would legalize same-sex marriage in the Empire State. It moves to the Senate (NEW YORK TIMES). • A LOUISIANA House committee rejects HB 137, which would have required welfare recipients to be drug-tested before receiving benefits (ADVOCATE [BATON ROUGE]). • The TENNESSEE Senate gives final approval to SB 1714, which would expand the Volunteer State's "safe haven" law — which allows mothers to turn over their unharmed children within 72 hours of birth to employees of eligible locations — to include police departments, fire departments and emergency medical services facilities, as long as they are staffed around the clock. It moves to Gov. Phil Bredesen (D) for review (TENNESSEAN [NASHVILLE]). 
 
POTPOURRI: The TEXAS House approves SB 61, which would require children under age 8 riding in passenger vehicles to sit secured in a booster seat or child safety seat. It returns to the Senate for concurrence on changes made in the House (AUSTIN AMERICAN-STATESMAN). • Still in TEXAS, Gov. Rick Perry (R) signs HB 670, which protects journalists from revealing information in court unless a judge deems it necessary and prosecutors prove the information can't be reasonably obtained elsewhere (HOUSTON CHRONICLE). • COLORADO Gov. Bill Ritter (D) signs SB 148, legislation that requires Centennial State drivers to give bicyclists at least three feet of space when passing. The bill also creates a Class 2 misdemeanor for anyone who throws an object at a cyclist, with violators facing fines up to $1,000 and a year in jail (DENVER POST). • MISSOURI lawmakers approve SB 202, a bill that would allow motorcyclists 21 and over to ride sans helmet when not traveling on an interstate highway. The measure moves to Gov. Jay Nixon (D) for review (KANSAS CITY STAR).

JUST SAY NO TO CRACK: Democrats and Republicans don't agree on much these days, but there is bipartisan agreement on at least one issue: a mutual dislike of young men walking around with their pants hanging down below their backside. As the Knoxville News reports, TENNESSEE Rep. Joe Towns, a Democrat, recently sponsored legislation (HB 2083) to bar the alleged fashion statement, with violators facing fines and community service. The Tallahassee Democrat similarly reports that FLORIDA Sen. Stephen Wise, a Republican, has sponsored SB 1540, which would suspend Sunshine State students for putting their skivvies on display. FLORIDA lawmakers have sent Wise's bill to Gov. Charlie Crist, who has opposed his state's previous efforts to force youngsters to keep their britches at a respectable level. It remains to be seen whether he'll let it all hang out and sign the new proposal. 
 
RV VENOM VENTING: Recreation vehicle owners like setting up shop for the night in vacant parking lots. Retailers like Wal-Mart even encourage them to do so, correctly surmising that given the free access, RVers will still spend money by resupplying themselves with wares from inside the store. The good times almost came to an end in MAINE, however, when Rep. Anne Perry proposed barring RVs from using the freebie lots. As the Kennebec Journal reports, campers flooded virtually every elected official — including Gov. John Baldacci — with angry e-mails decrying the measure. In fact, they were almost too angry. Although Perry eventually dropped the bill, the caustic response almost convinced her to do otherwise. "A lot of the e-mails I got were nasty, name-calling e-mails," Perry said. "If those were the only things I had gotten, honestly, I think I would have stuck my feet in and passed this bill."  
 
TEAMING UP FOR THE PROPS: Don't blame the San Francisco Giants if voters don't approve the slew of ballot measures CALIFORNIA Gov. Arnold Schwarzenegger and legislative leaders are pushing in this week's special election. Lay off the Oakland Athletics too, and the San Jose Sharks and the Los Angeles Lakers. As the San Francisco Chronicle reports, virtually every professional sports franchise in the Golden State has kicked in $25,000 apiece in support of Proposition 1A, the proposal to implement both higher taxes and a state spending cap. And why would sports teams that normally only care about wringing every last cent out of local governments for new stadiums give money for non-sports related ballot measures? As one team executive explained, they are all afraid that if the measures fail, lawmakers will impose new taxes on tickets to their events. Self preservation: the new breakfast of champions.  
 
TOO BAD THEY CAN'T VOTE: Although polls show that Schwarzenegger's popularity has taken a mighty dip of late among voters, the former movie star still has great curb appeal to some CALIFORNIA residents. Case in point: Last week, reporters knew Schwarzenegger was making his way toward the press briefing room to go over his May budget revise by the mighty squealing cheer that rose up from the throng of school children waiting in the hallway outside. As one wag put it, "It has to be Arnold, because you know they're not cheering like that for [state budget director Mike] Genest."