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. 16 Monday, June 1, 2009 ================================================================= ##### TOP OF THE NEWS ##### SNCJ SPOTLIGHT ............................1 * Obama restores states' regulatory authority BUDGET & TAXES ............................2 * White House rebuffs CA bailout bid POLITICS & LEADERSHIP ............................3 * Burris caught up in Blago scandal UPCOMING ELECTIONS ............................4 GOVERNORS ............................5 * Huntsman latest gov to head east 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 June 8th. ***************************************************************** ***** #1--SNCJ SPOTLIGHT ***** Obama restores states' regulatory authority Under the Bush administration, the federal government was king. One indication of that is the slew of rules the administration issued preempting state laws regulating everything from banking to the manufacture of pharmaceuticals and automobiles. The pro-preemption stance was a boon to the regulated industries, sparing them from having to deal with a patchwork of state laws as well as costly product-liability lawsuits. But that all changed last month when President Obama issued a memo directing federal agencies and departments not only to avoid preempting state law without "sufficient legal basis" when drafting new regulations but also to make sure every regulation passed in the last 10 years meets the same standard, using the amendment process if necessary. "In recent years...executive departments and agences have sometimes announced that their regulations preempt State law, including State common law, without explicit preemption by the Congress or an otherwise sufficient basis under applicable legal principles," the May 20 memo stated. The memo also expressed a motive for Obama's policy shift. "Throughout our history, State and local governments have frequently protected health, safety and the environment more aggressively than has the national Government," it said. One group that welcomed the news was trial lawyers. The American Association for Justice, formerly the Association of Trial Lawyers of America, said the president's order "overturned actions taken by Bush administration bureaucrats who were influenced by powerful, well-connected corporations," and it will strengthen "laws designed to give Americans basic rights to hold wrongdoers accountable." The trial lawyers may have seen Obama's action coming. They made their desire to reverse the Bush administration's preemption regulations known to the Democratic presidential candidates during last year's election, and they pressed the issue further in talks with Obama's transition team before Christmas. Then in March the Bush preemption policy was called into question by the U.S. Supreme Court. In Wyeth v. Levine, the court ruled that preemption language inserted in a Food and Drug Administration regulation did not protect drug maker Wyeth from being sued under VERMONT state law by a woman who had to have her arm amputated after an injection of the company's antinausea medication phenergan caused her to develop gangrene. In the 6-3 decision, Justice John Paul Stevens called the FDA's preemption effort "inherently suspect" because the agency had not followed normal procedures for regulatory changes. Whether or not business groups were expecting the move, they weren't happy about it. Jay Lefkowitz, who led the Bush administration's preemption effort and is now a lawyer for a pharmaceutical association, said Obama's action would undo work done to "save consumers money and eliminate a lot of unnecessary lawsuits." Others' remarks were more caustic. "One thing we know is you can't sue your way into an economic recovery," said Bryan Quigley of the U.S. Chamber of Commerce. "Allowing for more lawsuits will not create more jobs, except maybe for plaintiffs' lawyers." But those on the other side of the issue had some harsh words too, particularly for the federal regulators they believe are largely to blame for the current financial crisis. "We would call on bank regulators to withdraw their ill-advised and harmful preemption policies, so that state regulators can once again be allowed to protect their consumers against unfair and deceptive financial-service industry practices," said Kathleen Day, a spokeswoman for the Center for Responsible Lending, a CALIFORNIA -based consumer advocacy group. Obama's memo is likely to impact far more than just regulation of the financial services industry, however. "It's environmental law, it's drug law, it's mortgage law, it's a whole host of areas where the Bush administration was really aggressive about using regulatory action to clear state and local laws that businesses and corporations didn't like," said Doug Kendall, president and founder of the Constitutional Accountability Center in Washington D.C. Attorneys and government officials said revising rules found to be improperly preemptive could take weeks or even months, particularly where preemption language was adopted as part of a formal rulemaking process. In such cases a full-fledged revision -- with a new public comment period and all -- might be required. But even if the full impact of Obama's memo won't be known for some time, it marks a major shift in policy from the previous administration. Kendall said the memo shows Obama "clearly understands the important role that state and local governments play in our constitutional system and has displayed a very different vision of our Constitution than President Bush displayed in his eight years." Or to put it another way, the king is dead. Long live states' rights. (WALL STREET JOURNAL, WASHINGTON POST, BUSINESS WEEK) -- Compiled by KOREY CLARK ***************************************************************** ***** #2--BUDGET & TAXES ***** WHITE HOUSE REBUFFS CA BAILOUT BID: Last month wasn't a good one for CALIFORNIA Gov. Arnold Schwarzenegger (R) -- not that any month really has been lately, given the state's dire financial situation. On top of being snubbed by the voters on May 19 (see CALIFORNIA VOTERS REJECT BUDGET BALLOT MEASURES in this issue's Politics & leadership section), Schwarzenegger also got the brush off from Washington. The state had formally asked the White House to authorize an emergency cash infusion from the federal Troubled Asset Relief Program (TARP). But a string of administration officials explained why that was problematic. "Whatever we do for one state, there will be other states who also will want to do that," said David Axelrod, senior advisor to the president. "And there's a limit to what the government can do." Even if the administration were willing to make an exception for CALIFORNIA, there would be practical obstacles to dipping into TARP. The legislation creating the $700-billion federal bailout fund explicitly restricted its use to rescuing financial institutions. And although the Bush administration used the program to provide loans to General Motors and Chrysler, Treasury Secretary Timothy Geithner told a congressional committee: "We do not believe that TARP as currently designed and legislated provides a viable solution to this specific challenge." As an alternative to tapping TARP, Congress could pass legislation specifically to authorize relief for CALIFORNIA. And there is apparently some support for that idea on the Hill. "Their view is they need legislation, and we're going to try to give it to them," said U.S. Rep. Barney Frank (D-MASSACHUSETTS), chairman of the House Financial Services Committee. But at least one member of CALIFORNIA's own congressional delegation questions the viability of that plan. U.S. Rep. Jerry Lewis, the most senior Republican on the House Appropriations Committee, said it was "hard for me to quite imagine my colleague from WISCONSIN or one of my friends from KANSAS" supporting a bailout of CALIFORNIA. One of Lewis' counterparts at the state level was even more critical. "My state...has gotten itself into a big problem," said Rep. John Campbell (R). "Shouldn't the state...bear some consequence for that and not have the federal government come in and shield the state from any of the negative consequences of an irresponsible budget?" That seems to be the view of the Obama administration as well. "Obviously, the state has to make some very tough fiscal decisions," said White House Press Secretary Robert Gibbs. "They understand the laws which they operate under and the budgetary constraints that they have. They're going to have to make a lot of difficult choices, and we're going to monitor that situation." (LOS ANGELES TIMES) ONLINE GAMBLERS PUSH FOR LEGALIZATION: An effort in Congress two years ago to legalize Internet gambling came up snake eyes, failing to even make it out of committee. But advocates believe the weakening of the Republican Party and grass-roots support may improve the chances for a new proposal this year. "The poker players and other online gamblers have gotten organized," said U.S. Rep. Barney Frank (D-MASSACHUSETTS), who is leading the charge in the House. I. Nelson Rose, a professor at Whittier Law School in Costa Mesa and one of the world's leading authorities on gambling law, believes Frank will manage to get internet gambling legislation through the House this time around. "It will pass, although there will be changes," Rose said. "Very few people in Congress really care at all about Internet gambling." The measure's odds in the Senate, however, are less clear. Majority Leader Harry Reid (D-NEVADA) has opposed legalizing Internet gambling in the past; many of the casinos in his home state oppose the idea, and he is skeptical that online gaming can be regulated. Some socially conservative organizations don't like the idea either. "There's something to be said for people having to get in their car and actually go to a casino," said Chad Hills, an analyst for gambling research and policy at Focus on the Family. "If you have this available in your living room and it's accessible 24/7...this is like the perfect storm for addiction." (LOS ANGELES TIMES) BUDGETS IN BRIEF: NEW YORK Attorney General Andrew Cuomo announced that he will form a task force to look into so-called placement agents, advisers who help states decide where to invest public money. The news comes as NEW YORK, CALIFORNIA, CONNECTICUT and NEW MEXICO are investigating allegations of pension fund abuse (STATELINE). * ALASKA Gov. Sarah Palin (R) vetoed $28.6 million in federal stimulus money overwhelmingly approved by the state Legislature for energy cost relief. Republican Rep. Mike Hawker said Palin did it "to save face," after having initially balked at taking nearly a third of the available stimulus money and then agreeing to take all but 3 percent of it when lawmakers dismissed her concerns (ANCHORAGE DAILY NEWS). A number of states, including INDIANA, LOUISIANA, OHIO, are considering linking funding of public colleges to the number of students who graduate instead of the number who enroll. The trend reflects a growing concern that U.S. college completion rates have fallen behind those of other countries (USA TODAY). -- Compiled by KOREY CLARK ***************************************************************** ***** #3--POLITICS & LEADERSHIP ***** BURRIS CAUGHT UP IN BLAGO SCANDAL: Former-ILLINOIS Gov. Rod Blagojevich's (D) appointment of Roland Burris to the U.S. Senate shortly before being impeached in January initially caused quite a stir. The furor eventually subsided, in large part because Burris testified at Blagojevich's impeachment hearing that he had only minimal contact with the former governor's staff regarding the Senate appointment before receiving it. But in the past few months questions have arisen about the possibility of a quid pro quo between Blagojevich and Burris. And last week the transcript of a telephone conversation recorded by the FBI was released documenting Burris promising Blagojevich's brother Robert some form of contribution to the ex-governor. "I will personally do something, OK?" Burris reportedly said. "And it will come to you before the 15th of December." Burris also repeatedly expressed concern about how holding a fundraiser or making a donation to the governor would make him look. "If I do get appointed that means I bought it," he said. At one point Burris suggests he might be able to do something through his attorney, Tim Wright, "'cause Tim is not looking for an appointment, OK?" he says. Wright said Buriss "asked me if I would do a fund-raiser and I told him absolutely not, and I said he shouldn't do it either." Wright said Burris did pledge $1,500 to Blagojevich but that he didn't go through with sending the money. "Sen. Burris, as he said, decided he couldn't send a check because it wouldn't look good," Wright said. Wright also dismissed the notion that Burris' promise of a donation was part of a pay-to-play scheme. "Fifteen hundred dollars? Come on," Wright said. "Burris had been a fund-raiser in years past. This had nothing to do with pay-to-play." But Rep. Jim Durkin (R) said Burris' pledge to give Blagojevich money is something he "absolutely" should have told the impeachment panel. And Rep. Jack Franks (D) added, "It underscores what we found at our committee: He wasn't truthful." (CHICAGO SUN-TIMES) CALIFORNIA VOTERS REJECT BUDGET BALLOT MEASURES: The hopes of CALIFORNIA Gov. Arnold Schwarzenegger (R) and legislative leaders to get voters to help them patch the state's gaping budget hole were dashed last month. Five of the six budget measures on the May 19 ballot were rejected by margins exceeding 30 percent. Only Proposition 1F, barring elected state officials from receiving pay raises in years when there is a budget deficit, won approval -- and handily, 74 percent to 26 percent. Not even the threat of the state's budget gap growing from $15.4 billion to $21.3 billion and deeper cuts to education, healthcare, social services and other programs were enough to save Props. 1A-1E. Nor were the governor's pleas. "To fix the system, I need the people's help," he said before the election. "I know people are sick and tired of hearing about Sacramento's dysfunction...but (the election) isn't about me, it isn't about the Legislature, it's about CALIFORNIA's legacy." "Clearly the voters have spoken," said Bill Hauck, president of the California Business Roundtable, which supported the measures. "The voters are angry, they're frustrated, and they've concluded the politicians in Sacramento are not getting the job done." (SACRAMENTO BEE) CONGRESS SEEKS TO CURB UNFUNDED MANDATES: U.S. Reps. Virginia Foxx (R-NORTH CAROLINA) and Henry Cuellar (D-TEXAS) introduced legislation last month that would amend the federal Unfunded Mandates Reform Act of 1995 (UMRA) to require more complete and accurate cost estimates on intergovernmental and private sector mandates. The Unfunded Mandates Information and Transparency Act of 2009 (HR 2255) was applauded by the National Conference of State Legislatures. "Congress and the administration will finally be aware of the total cost to states, when voting on legislation or issuing regulations," said NCSL Vice President and MASSACHUSETTS Sen. Richard T. Moore (D). "The bill promotes greater transparency and fiscally responsible lawmaking." NCSL said Congress shifted over $125 billion in costs onto states between 2004 and 2008. (NATIONAL CONFERENCE OF STATE LEGISLATURES) -- Compiled by KOREY CLARK ***************************************************************** ***** #4--UPCOMING ELECTIONS ***** (05/29/2009 - 06/18/2009) 06/02/2009 Alabama Special General or Runoff Senate District 22 New Hampshire Special Election House Grafton County District 11 (Lebanon Wards 1-3) New Jersey Primary Election Senate Districts 6 and 23rd Constitutional Officers: Governor, Lieutenant Governor New York Special Election Assembly Districts 77th (Greene) and 85th (Diaz, Jr.) 06/09/2009 Alabama Special General Runoff if Needed Senate District 07 Virginia Primary Election Constitutional Officers: Governor, Lieutenant Governor, Attorney General 06/16/2009 Massachusetts Special Election House 3rd Suffolk ***************************************************************** ***** #5--GOVERNORS ***** HUNTSMAN LATEST GOV TO HEAD EAST: President Barack Obama has chosen UTAH Gov. Jon Huntsman Jr. (R) to serve as U.S. Ambassador to China. Lt. Gov. Gary Herbert (R) will assume the governor's office once Huntsman is confirmed by the U.S. Senate. Although Herbert is a self-described "traditional Republican," he downplayed philosophical differences between him and the more moderate Huntsman. "On the core issues we are in lock step," Herbert said. "Our priorities remain the same. I've asked all the Cabinet members to stay on. There's not going to be any big shake-up or big changes. We're not going to veer to the left or right." Herbert noted he would also continue to support Huntsman's environmental policies in spite of their longstanding disagreement on global warming. Huntsman has been a vocal supporter of policies intended to combat greenhouse gas emissions that advocates say contribute to global climate change; Herbert, in contrast, does not believe that climate change is caused by humans. He made a point of saying, however, that he had no intention of pulling UTAH out of the multi-state Western Climate Initiative, as some GOP lawmakers have proposed. Herbert did strike one note of caution, specifically his concern that some greenhouse gas control efforts could lead to higher consumer energy prices and drive some jobs overseas, saying "we need to be thoughtful as we move forward." The two men have a greater disparity in their views on same-sex unions. Huntsman earlier this year endorsed legislation that would have allowed the Beehive State's same-sex couples to enter into civil unions, something Herbert adamantly opposes. Herbert also said he has not been involved in any discussion on the Common Ground Initiative, a failed legislative effort earlier this year that would have granted basic rights such as hospital visits and inheritance to the lesbian, gay, bisexual and transgender community. The incoming governor also confirmed he will seek the office on his own merits in 2010. "I'm going to concentrate very laser-like on being the best governor in 2009 to turn the economy around, to have the ability to withstand the growth of our education [system], our infrastructure, our roads and all those things that go into governing," he said. "And if I do that, I'm confident that the political ramifications in 2010 will take care of themselves." Huntsman becomes the third sitting governor -- but the first Republican -- to join the Obama administration this year. Former ARIZONA Gov. Janet Napolitano (D) is now the head of the Dept. of Homeland Security while former KANSAS Gov. Kathleen Sebelius (D) recently took over the top job at the Dept. of Health and Human Services. NEW MEXICO Gov. Bill Richardson (D) was also tabbed to be commerce secretary, but had to step aside after a federal investigation was opened into how some of his political donors landed a lucrative transportation contract. Former WASHINGTON Gov. Gary Locke (D) eventually became Commerce Secretary, while former IOWA Gov. Tom Vilsack (D) now runs the U.S. Department of Agriculture. (WASHINGTON POST, BLOOMBERG, SALT LAKE TRIBUNE) GREGOIRE ORDERS EMISSIONS CUTS: Frustrated with state lawmakers' inability to pass cap-and-trade legislation to curb greenhouse gas emissions, WASHINGTON Gov. Christine Gregoire (D) issued an executive order (EO 09-05) intended to achieve those reductions by ratcheting back coal-fired electricity and automobile emissions. Gregoire's order directs state agencies to develop an array of emission reduction strategies and industry emissions benchmarks in order to meet previously adopted 2020 reduction targets. Those strategies include working with local governments to expand public transit, having the Department of Ecology make emission-reductions plans for all of the state's top industrial greenhouse gas polluters by next year, and ordering the Departments of Commerce and Transportation to develop standards on the amount of carbon emitted during production, distribution and use of certain vehicle fuels. The order also directs government officials to work with the state's only coal-fired power plant to reduce its emissions by at least 50 percent by 2025. "I wanted cap-and-trade. I didn't get it," said Gregoire, who noted that her order is designed to realize similar carbon reductions and prepare the state to adopt such a plan in the future. "This readies WASHINGTON state to implement a federal cap-and-trade program immediately," she said. (SEATTLE TIMES, LOS ANGELES TIMES) PERDUE PURSUES GREEN AGENDA: Calling it "one of the cornerstones" of her agenda, NORTH CAROLINA Gov. Beverly Perdue (D) laid out a proposal she says will make the Tar Heel State more energy efficient and create more "green economy" jobs. Two key elements in her plan rely on federal stimulus money: the creation of a revolving loan fund to provide low- or no-interest loans to finance energy-saving projects at businesses, local governments and schools and growing an existing fund to award competitive grants to businesses and organizations with innovative projects that are environmentally friendly. "By leveraging these federal recovery dollars," Perdue said, "I believe we can serve as a jump-start to NORTH CAROLINA's green economy." (NEWS & OBSERVER [RALEIGH]). GOVERNORS IN BRIEF: A federal judge ruled that KENTUCKY Gov. Steve Beshear (D) must testify in person at the bid-rigging trial of former state Transportation Secretary Bill Nighbert. The trial is set to begin June 23rd. Citing the governor's duties at the Capitol during an expected June special session, Beshear's attorney had sought to have the governor testify via a videotaped deposition (UPI). * CALIFORNIA Gov. Arnold Schwarzenegger (R) and state Attorney General Jerry Brown (D) have asked the U.S. Supreme Court to examine a lower court ruling that tossed the state's law banning the sale of violent video games to kids. A U.S. District court invalidated the measure (2005 AB 1179) in 2007, saying it violates First Amendment guarantees of free speech (SACRAMENTO BEE). * MARYLAND Gov. Martin O'Malley (D) issued an executive order that, among other things, bars state employees from using hand-held cell phone while driving a state-owned car (BALTIMORE SUN). * KANSAS Gov. Mark Parkinson (D) vetoed a line-item in the budget bill (KS HB 2373) that would have prevented Planned Parenthood of KANSAS and Mid-MISSOURI from receiving approximately $250,000 in federal funds for family planning services. Parkinson called the funding "critical if we are to continue reducing the number of abortions that occur in this state" (LAWRENCE JOURNAL-WORLD). -- 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 - Performance-based budgeting - Free Choice/Card Check ***************************************************************** ***** #7--HOT ISSUES ***** BUSINESS: The LOUISIANA House rejects HB 705, which would have barred Pelican State employers from paying a woman less than a man for doing the same or similar work. Opponents said state law already bars such discrimination (TIMES-PICAYUNE [NEW ORLEANS]). * MICHIGAN Gov. Jennifer Granholm (D) signs HBs 4453, 4454 and 4455, which collectively allow Wolverine State homeowners facing foreclosure to delay those proceedings for 90 days if they meet with a housing counselor and the lender. Lenders that refuse to rework loans for qualified homeowners would have to go to court to finish the foreclosure (DETROIT FREE PRESS). * The OHIO House approves HB 3, which would enact a six-month moratorium on foreclosures in the Buckeye State. The bill, which would also impose a $750 foreclosure filing fee, is now in the Senate (COLUMBUS DISPATCH). * OKLAHOMA Gov. Brad Henry (D) signs HB 1603, legislation that would, among other things, cap noneconomic damages in most civil suits at $400,000. The new law goes into effect in November (INSURANCE JOURNAL [SAN DIEGO]). * The CONNECTICUT House and Senate approve HB 6572, legislation that would phase in a ban on the sale, manufacture and distribution of products containing bisphenol-A, or BPA, a chemical used to harden plastic, as of October 1, 2011. BPA has been linked in some studies to cancer and other serious diseases. It moves to Gov. M. Jodi Rell (R) for review (HARTFORD COURANT). CRIME & PUNISHMENT: The PENNSYLVANIA Supreme Court rules that just watching child pornography on the Internet is a crime and that Keystone State prosecutors do not need to prove a defendant intentionally downloaded the material. The decision came in the case of a man convicted on child pornography charges after viewing Internet images that were automatically downloaded to his computer's hard drive (PHILADELPHIA INQUIRER). * OHIO corrections officials announce that prison wardens will now pinch and shove prisoners undergoing lethal injection to ensure they are unconscious before expiring. Officials say the new policy combats charges that the state's execution practices are cruel and unusual (CLEVELAND PLAIN DEALER). * COLORADO Gov. Bill Ritter (D) signs SB 241, which makes the Centennial State the 22nd to require certain felony suspects to submit DNA samples (DENVER POST). * The OKLAHOMA Senate approves SB 1064, which would bar Sooner State prisoners from possessing cell phones. The bill is now with Gov. Brad Henry (D), who is expected to sign it (TULSA TODAY). EDUCATION: The OREGON Senate endorses HB 2599, a bill that would require Beaver State school districts to establish clear, uniform policies to combat bullying and to appoint specific individuals to investigate such incidents. The measure moves to Gov. Ted Kulongoski (D) for review (OREGONIAN [PORTLAND]). * ALASKA Gov. Sarah Palin (R) signs HB 215, which repeals for two years a state salary limit for hiring out-of-state teachers. The bill allows Last Frontier State schools to use greater financial incentives to attract experienced personnel for hard-to-fill positions (DAILY NEWS MINER [FAIRBANKS]). * FLORIDA Gov. Charlie Crist (R) signs SB 1540, legislation that eases some of the Sunshine State's strict zero-tolerance school rules. Under the statute, students will no longer be arrested for violations like petty theft, bringing plastic butter knives to school, drawing pictures of guns, throwing erasers or vandalizing property (SUN-SENTINEL [ORLANDO]). ENVIRONMENT: Citing an almost complete recovery in the number of nesting bald eagle pairs in the Pine Tree State, MAINE Gov. John Baldacci (D) signs SB 25, a measure that removes the bird from protection under the state's endangered species law (BANGOR DAILY NEWS). * IOWA environmental officials remove the peregrine falcon from the Hawkeye State's endangered species list. Officials say the bird will still be listed as a "species of concern" (RADIO IOWA [DES MOINES]). * KANSAS Gov. Mark Parkinson (D) signs HB 2369, which requires Sunflower State utilities to provide 20 percent of their power through renewable sources such as wind or solar by 2020. The new law also allows consumers to use their own generation and sell back the extra electricity they produce to their utility provider (LAWRENCE JOURNAL-WORLD). * VERMONT Gov. Jim Douglas (R) allows HB 466, which sets favorable rates for small-scale solar, wind, hydro and methane energy production, to become law without his signature. The measure also allows state utilities officials to review and adjust those rates as they see fit (BURLINGTON FREE PRESS). HEALTH & SCIENCE: The OREGON Senate approves HB 3236, which would allow pharmacists to administer vaccines and immunizations to children who are at least 11 years of age. It moves to Gov. Ted Kulongoski (D) for review (STATESMAN-JOURNAL [SALEM]). * WISCONSIN Gov. Jim Doyle (D) signs SB 27, legislation that requires health insurers to cover the cost of hearing aids and cochlear implants for hearing-impaired children under 18 (MILWAUKEE JOURNAL-SENTINEL). * The NEW JERSEY Senate approves AB 2030, which would require Garden State pharmacists to inform consumers when generic drugs are substituted for brand name prescriptions. It moves to Gov. Jon Corzine (D) for consideration (STAR-LEDGER [NEWARK]). * The MICHIGAN House approves HB 4377, which would ban smoking in most Wolverine State workplaces, including bars and restaurants. It moves to the Senate (DETROIT NEWS). * The ILLINOIS Senate approves SB 1381, which would legalize the use of marijuana for medicinal purposes. It is now in the House (DAILY HERALD [ARLINGTON HEIGHTS]). SOCIAL POLICY: The CALIFORNIA Supreme Court upholds Proposition 8, a voter-approved measure that defines marriage as being only between one man and one woman. However, the high court ruling also upheld the legality of approximately 18,000 same-sex marriage ceremonies conducted during a five-month window in 2008 when such unions were legal in the Golden State (SACRAMENTO BEE). * COLORADO Gov. Bill Ritter (D) signs SB 88, a bill that allows gay and lesbian state employees to share benefits with their partners in the same way as married couples. The measure takes effect in August (DENVER POST). POTPOURRI: The LOUISIANA Senate approves SB 168, which would require all vehicle occupants to use a seat belt. The measure moves to the House (TIMES-PICAYUNE [NEW ORLEANS]). * Still in LOUISIANA, The House approves HB 146, which would require drivers to use a hands-free device when talking on a cell phone while behind the wheel. It moves to the Senate (ADVOCATE [BATON ROUGE]). * NEVADA Gov. Jim Gibbons (R) vetoes SB 394, which would have required the licensing of all-terrain and other off-road vehicles (LAS VEGAS REVIEW-JOURNAL). * The TENNESSEE House gives final approval to HB 716, which would allow people with handgun permits to carry their weapons in all state and local parks. It moves to Gov. Phil Bredesen (D) for consideration (TENNESSEEAN [NASHVILLE]). -- 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: 88 Number of Intros last week: 1,408 Number of Enacted/Adopted last week: 1,887 Number of Prefiles to date: 31,876 Number of Intros to date: 139,961 Number of 2009 Session Enacted/Adopted overall to date: 26,384 -- Compiled By JAMES ROSS (measures current as of 05/28/2009) Source: State Net database ---------------------------------------------------------------- States in Regular Session: AZ, CA, CT, DC, DE, IL, KS, LA, MA, ME, MI, MN, MO, NC, NE, NH, NJ, NV, NY, OH, OK, OR, PA, RI, SC, TN, TX, US, VT, WI States in Recess: WI States in Special Session: CA "c" States in Veto Session: MO States in Extended Session: WV States Currently Prefiling or Drafting for 2009: AL, KY States Projected to Adjourn: AZ, CT, KS, MS, NE, NV, TN, TX, States Adjourned in 2009: AK, AL, AR, CO, FL, GA, HI, IA, ID, IN, KY, MD, MN, MO, MT, ND, NM, OK, SC, SD, UT, VA, VT, WA, WY State Special Sessions Adjourned in 2009: AZ "a", AZ "b", CA "a", CA "b", CT "a", FL "a", MS "a", UT "a" Letters indicate special/extraordinary sessions -- Compiled By JAMES ROSS (session information current as of 05/29/2009) Source: State Net database ***************************************************************** ***** #9--ONCE AROUND THE STATEHOUSE LIGHTLY ***** AND DON'T SAY 'CHEESE' EITHER: As hard as it may be to imagine, some states are making it even drearier to tend to your driver's license matters. As the USA Today reports, four states -- ARKANSAS, INDIANA, NEVADA and VIRGINIA -- now require license applicants to maintain "neutral facial expressions" when having their picture taken. In other words, no smiling allowed. DMV officials blame the mandate on new high-tech software that compares photos with those already on file, all in an effort to catch folks trying to do a little identity theft. Other states may soon follow. To date, VIRGINIA seems to be the most rigid on enforcing the sourpuss rule, while ARKANSAS, INDIANA and NEVADA allow folks to display a slight grin. ARKANSAS driver services chief Tonie Shields says, "You just can't grin really large." Somehow we doubt that is a major problem at most DMV offices. LADY M TO THE JUNGLE: A federal judge won't let impeached ILLINOIS Gov. Rod Blagojevich travel to Costa Rica to be on the NBC program "I'm a Celebrity...Get Me Out of Here," but he can't stop the former gov's wife from joining the D-list "celebrities" competing for the show's top prize. Patty Blagojevich earned her own infamy last December when federal agents recording phone conversations at the Blagojevich home caught her swearing up a blue streak, earning her the moniker of a potty-mouthed Lady Macbeth. She made it clear why she is jumping into reality TV: they need the money. As the Chicago Sun-Times reports, the Blagojevichs are unemployed, they have a ton of credit card bills and their two homes are subject to government forfeiture. Given the stakes -- and her history in the bare knuckles world of ILLINOIS politics -- her cast mates might want to give her a wide berth. THE REAL DRIVER'S EDUCATION: Not too long ago, the ILLINOIS Senate unanimously approved a proposal to require that all cars used for driver's education in the Prairie State be made in the good old U.S. of A. The bill roared off to the House...where the tires are going flat. As the Daily Herald of Arlington Heights reports, House critics noted that the most often-used government vehicle, the Chevrolet Impala, is made in Canada, which would make it verboten under the bill's original requirements. Meanwhile, Japanese cars made in U.S. assembly plants would be a-okay. State Rep. Bill Black also pointed out that many of his House Colleagues drive foreign-made cars. Doh! The bill's sponsor, Rep. Lisa Hernandez, said she would make some changes and try again. STATE OF HURT FEELINGS: When President Barack Obama visited NEVADA last week for a Democratic Party fundraiser, he asked Gov. Jim Gibbons to meet him at the airport for a mutually beneficial photo op. But the volatile Gibbons is still smarting over remarks the president made last February that the governor says have cost the Silver State gambling Mecca Las Vegas at least $100 million in lost tourism. Gibbons said no, insisting instead that Obama issue an apology for telling an INDIANA town hall crowd back in February that his administration didn't want corporations using federal bailout money on superfluous things like, well, trips to Las Vegas. Gibbons claims that has severely damaged Sin City and he wants the president to say he's sorry and fix it. Obama responded by helping to raise about $2 million for Silver State Dems and then leaving. And yes, the shindig was in Vegas. -- By RICH EHISEN ***************************************************************** ***** #10--IN CASE YOU MISSED IT ***** In February, Gov. Arnold Schwarzenegger (R) and legislative leaders thought a slew of hard fought ballot measures would keep the state from falling into insolvency. But with voters rejecting those measures, the nation's most populous state may be heading for disaster. In case you missed it, the article can be found on our Web site at http://www.statenet.com/capitol_journal/05-18-2009/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), 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. 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