April 2006 NCSL State Legislatures Magazine: Trends and Transitions

State Legislatures text graphic
April 2006

April 2006 Contents

Trends & Transitions

People & Politics
It's Tax Time Again
Sak in the Hat
Mining Safety Laws Reevaluated
A New Wave of Gun Laws
States Looking at Protection Laws Similar to Florida
Fear Not Your Telephone

People & Politics
A Wisconsin corruption scandal over caucus employees campaigning on state time has sent the former Senate majority leader to jail, prompted guilty pleas from three other lawmakers and raised questions about the ethics of gubernatorial campaign managers. Former Senate Majority Leader Chuck Chvala reported to the Dane County Jail in February to begin serving a 9-month sentence in a work-release program that confines him nights and weekends. Chvala, 51, considered one of the most powerful men in Wisconsin, pleaded guilty in October to using state employees and resources on at least one political campaign in 1998 and filing false campaign-finance reports for a fund he controlled that funneled money to the re-election campaign of Senator Mark Meyer in 2000. The judge exceeded the six-month sentence recommended by prosecutors, ordered Chvala to pay $5,500 in fines and spend two years on probation. During that time he is barred from working as a lobbyist. Former Senator Brian Burke pleaded guilty to one felony and one misdemeanor and gave up his license to practice law. Former Assembly Majority Leader Steve Foti and Representative Bonnie Ladwig pleaded guilty to allowing aides to campaign on state time, a misdemeanor. The trial of Representative Scott Jensen, former Assembly speaker, in February and March, linked the campaign managers of the three gubernatorial candidates to allegations of campaigning on state time, according to the Milwaukee Journal Sentinel. During the trial, five former Assembly Republican caucus employees testified that they worked on the 1996, 1998 and 2000 campaigns full time in the months before the election. Jensen alleged that Assembly Democrats also engaged in the same campaign activities for which he is accused, but that "selective prosecution" has targeted only him.

Florida politicians think far into the future--they designate their leaders years in advance. So in 2004, Republican Senator Alex Villalobos, was tapped to become the first Cuban American Senate president--in 2008. But a coup in February ousted Villalobos and made Senator Jeff Atwater the president-designate. Political observers say Villalobos was a moderate in an increasingly conservative Senate, who had voted against the governor on several high profile issues, upsetting his GOP colleagues. His rival, and fellow Miami senator, Alex Diaz de la Portilla is credited with engineering the coup. Atwater's selection helps clear the way for Senator JD Alexander in 2010. By supporting Atwater now, Alexander avoided running against him two years later. The man designated to take up the leadership mantle late this year, Senator Ken Pruitt, says he had no part in the coup.

Maryland Senator John A. Giannetti Jr. stopped by his favorite restaurant one night in early March just to pick up some take-home pasta. But he ended up saving the life of a political rival and his likely challenger in the November election. Jim Rosapepe, a member of the Maryland Board of Regents and the man who ran the campaign of the long-time incumbent senator who Giannetti ousted, was choking on seafood pasta. The senator performed the Heimlich procedure and out popped the chunk of food. Will it change the tenor of the campaign? Maybe not. "I don't think this was about politics," Rosapepe said.

Oregon Senator Ben Westlund, called a "maverick" by some, quit the Republican Party in February and announced he will run for governor as an independent. But first he needs to gather 18,368 signatures by August to get on the ballot. Incumbent Governor Ted Kulongoski, a Democrat, is running for re-election, and the GOP has a candidate. Independents have not fared particularly well in Oregon gubernatorial races. The last one elected was Julius Meier--in 1930.

The Tennessee Legislature passed sweeping ethics reform at the end of a nearly month-long special session in response to an FBI sting operation dubbed operation "Tennessee Waltz." The new legislation creates an independent ethics commission, restricts lobbying activities and bans political contributions of more than $50. Former Representative Chris Newton was sentenced in February to one year in prison for taking bribes in the sting operation. "What I did was wrong," Newton said. "I've brought a cloud of doubt over the institution of the state Legislature." Newton pleaded guilty to extortion and bribery conspiracy and resigned his seat last summer. He could have faced up to 25 years in prison. A lobbyist and county commissioner have also pleaded guilty and will be sentenced in August. The probe also brought indictments against Senators Kathryn Bowers and Ward Crutchfield and former Senators Roscoe Dixon and John Ford. All have entered not guilty pleas. Bowers and Crutchfield continue to serve in the Senate.

It's Tax Time Again
Think your taxes are high? Maybe not. Denmark and Germany lead the world in personal tax burdens, taking a combined 42 percent of personal income in taxes and for social security. The following figures were compiled by the Organization for Economic Cooperation and Development and are based on 2003 data for single people with average incomes.

Denmark, Germany
42%

Belgium
41%

Netherlands
34%

Finland, Sweden, Poland
31%

Turkey
30%

Norway, Austria
29%

Italy, France
27%

Hungary
26%

Iceland, Canada
25%

United States, Australia, Britain, Czech Republic
24%

Sak in the Hat
In Michigan, Representative Michael G. Sak kicked off "Read Across America" day with a green eggs and ham breakfast and reading to students in the Capitol rotunda. He joined millions from around the country in celebrating the birthday of beloved children's author Theodor Geisel, better known as Dr. Seuss, with reading activities for kids. "There is no better way to educate our children than to read to them," says Sak. "As legislators, educating Michigan's children should be our No. 1 priority."

Mining Safety Laws Reevaluated
Several states dusted off decades-old mining safety laws and took action to modernize them following the Sago Mine explosion in West Virginia that killed 12 miners--the deadliest mining accident since 1968.

Actions include requiring self-rescue breathing devices, wireless communications and tracking systems, mining emergency centers, more frequent annual mine inspections, and steeper fines for violations by mine operators.

West Virginia passed the first such bills on January 26, requiring that miners be equipped with communications and tracking devices. In addition, mine operators are required to provide extra air supplies, and an all-hours hotline will ensure accelerated rescue efforts following an emergency.

In February, the New Mexico Legislature sent a bill to the governor requiring measures similar to West Virginia's law. Kentucky is reconsidering legislation that orders drug and alcohol testing after a miner killed in a 2003 accident tested positive for drugs. Other states considering new mine safety legislation include Alabama, Illinois, Missouri, Ohio, Pennsylvania, Utah and Virginia.

A New Wave of Gun Laws
People should be allowed to use deadly force to protect themselves and their property--home, vehicle, boat--without fear of prosecution. Or should they? Florida thinks they should. It passed S.B. 436 last fall, and several states have introduced similar legislation this year.

Under these bills there is no longer a duty to retreat from danger as required now in most laws. A person could use any manner of force, including deadly force, against someone he or she fears will cause death or bodily harm. The legislation also provides immunity from civil suits and criminal prosecution for shooters who reasonably believed the use of deadly force was necessary.

Opponents of the legislation maintain that it is an invitation to reckless use of firearms in the streets, and because it eliminates a citizen's duty to avoid the threat, lethal force becomes a first choice rather than other options.

Both proponents and challengers agree to disagree on the terminology of the legislation; backers call the bills "stand your ground," "castle doctrines" and "no retreat" measures, while opponents deem them "shoot first" and "deadly force" actions. Regardless of whichever moniker is used, the legislation has become a heated issue within state legislatures.

States looking at protection Laws Similar to Florida
Florida's 2005 law gives immunity to citizens who use deadly force to protect themselves and their property.

Fear Not Your Telephone
In response to increasing consumer frustration with unwanted telemarketing calls, Congress and the states have passed do-not-call laws. They establish and fund databases that contain the telephone numbers of citizens who elect not to receive telephone solicitations. The National Do-Not-Call Registry covers both traditional and wireless telephones. Consumers can add their numbers to the national list either online at www.donotcall.gov or by calling (888) 382-1222 from the telephone number they wish to register. More than 40 states as well have laws that establish state-run databases.

Since 2003, more than 106 million phone numbers have been registered on the national list. A recent Harris Interactive poll found that 92 percent of those signed up get fewer calls and 25 percent no calls at all. However, the reality is that entering one's telephone number on the national registry will not stop all unwanted calls. Charities, political fund-raisers, organizations con- ducting surveys, those calling on behalf of tax exempt organizations and those calling under an "established business relationship" or with the consumer's written permission are exempt.

State lawmakers have been regulating telemarketing firms since the 1980s and the federal government since the 1990s. More than 30 states have general telemarketing regulation acts requiring a telemarketing company to be bonded or licensed.

Florida was the first state to pass a law that provides penalties to those who make calls to telephone numbers on the state do-not-call registry. Its primary intent was to protect the elderly. Indiana's law is one of the strictest in the nation. It bans almost all telemarketing calls. Indiana Attorney General Stephen Carter has aggressively prosecuted companies that call the more than 1 million people on the do-not-call list.

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