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Ten Issues To Watch

Although voters' reactions to ballot measures in November didn't signal a taxpayer revolt, there is still growing momentum in some states to respond to budget pressures and the weak economy by enacting spending limits. Property taxes are a perennial source of discussion.

WHY?

Although voters' reactions to ballot measures in November didn't signal a taxpayer revolt, there is still growing momentum in some states to respond to budget pressures and the weak economy by enacting spending limits. Property taxes are a perennial source of discussion.

WHO?

Services will take the heat under strict spending limits. Anti-tax groups have vowed to fight for statutory restrictions and to punish lawmakers who vote to raise taxes. Municipalities are pushing for property-tax limits as their citizens chafe under rising rates.

WHERE?

In Wisconsin, Republicans have made a spending cap a top priority. New Jersey is considering a constitutional convention to reform the state's property tax system. Iowa's municipalities have said property tax will be a top issue of theirs in the legislature this year, and Indiana and Nevada will also tackle the issue this session. Some Louisiana lawmakers have promised to revisit the Stelly Plan, the tax swap approved by voters in 2002. Meanwhile, the Democrats' takeover in Colorado signals a growing backlash there against spending caps, with citizens reacting to the squeeze created by the state's Taxpayer Bill of Rights and another voter-passed initiative a few years later that mandates ever more money for schools.

CLEAN GOVERNMENT

WHY?

A series of high-profile scandals--and frustration with ongoing problems--have brought the good-government movement into the forefront this year. Whether it's scandals at the top of the executive branch or inefficient and impervious legislative processes, a new crowd of lawmakers has ridden into capitals on the mantle of reform.

WHO?

Making legislative moves more transparent will affect lobbyists as well as the citizens who participate. Local politicians want to weigh in on campaign-finance proposals. Grass-roots and research groups in New York have pushed reform to the fore there. Municipal and county leaders in the state also have been calling for change.

WHERE?

New York's budget hasn't been on time in 20 years, and this year's elections indicated that citizens might finally be fed up. In New Jersey, Governor Richard Codey, who stepped in for James McGreevey in November, has already supported bills that would limit the contracts that campaign donors could receive. Connecticut, having gone through its own chief executive scandal last year, may consider giving the state attorney general subpoena power. House Republicans in Alaska have pledged to have fewer closed-door meetings. And in Indiana, the new House majority leader has put cleaning up the legislature at the top of his list. Also in Indiana, a report on government efficiency published some pretty dismal results, but whether there are clear mandates for change is less certain.

HEALTH INSURANCE COVERAGE

WHY?

The cost of health insurance has been rising as care becomes more expensive, and the ranks of the uninsured have been swelling. State employee health care coverage is a big budget issue, and finding ways to insure more residents is a popular policy goal. California's law from last session that would have expanded employer-sponsored coverage was defeated by voters in November. But states will keep trying new ideas to prevent people from slipping through the cracks.

WHO?

Small employers are targeted by proposals for scaled-back benefits plans. Insurance companies have the biggest stake.

WHERE?

New Hampshire's new governor, John Lynch, has vowed to repeal a year- old health insurance law that steeply raised some businesses' costs. In Massachusetts, a proposal called "Commonwealth Care" would urge insurers to offer less expensive basic health care plans. A two-year- old business-backed plan to help low-income working adults buy health insurance might be revived in New Mexico this year, while reforms were just adopted in Alabama that will slow the rise in state employee health insurance costs.

SCHOOL FINANCE

WHY?

Court decisions mandating additional funding for schools have been handed down or are coming down the pike in many states. Legislatures must grapple with how to redistribute money for education--or, harder still, expand the pot. Enrollment growth and aging facilities are perennial issues that add to the funding crunch. No Child Left Behind has increased demands, but left states holding the bag when it comes to paying for changes.

WHO?

The judicial branch, plaintiffs (schoolchildren and their parents) and defendants (often school districts) all have invested in the debate in states with school-funding lawsuits. School administrators complain about the costs of NCLB.

WHERE?

In the wake of a court ruling in November, Montana legislators must figure out how to reapportion education money. New York will face court demands that it pony up another $6 billion to the New York City school system. In Kansas, the governor and legislature will have to look at raising taxes if a judge's order to spend billions more is upheld. Texas faces an October 2005 deadline for revising its school finance system. A survey showed that the costs of No Child Left Behind have been a burden to Connecticut teachers and administrators. Fast- growing states such as Nevada and Utah will have to find money to make room for new students.

PRESCRIPTION DRUGS

WHY?

It's still the fastest-growing part of health care spending. And a lot of ideas are out there about how to lower costs.

WHO?

Drug makers are the most vocal opponents of cost-saving plans, arguing that safety is an issue with re-importation and that doctors, not state bureaucrats, should determine what drugs should be available to patients. Pharmacists also are concerned about their business going to Canada if re-importation becomes popular. The federal Food and Drug Administration has weighed in against it. AARP and other seniors groups are the leading proponents of price-mitigation strategies.

WHERE?

Eyes will be on West Virginia, which passed in special session a law giving the state the power to negotiate for lower drug prices that would be available to all residents and businesses. Other states could join in if they want to; Illinois, Massachusetts and Maine have expressed interest. Arkansas will consider an evidence-based preferred drug list. Another option is providing Medicaid-level discounts to those who are not actually eligible to be enrolled in the system; Nebraska and Maryland are going to consider bills on this.

POLLUTANT CONTROL

WHY?

A recent U.S. EPA report showed that there's more mercury in the country's waterways than previously thought. With the harm that mercury and other toxic chemicals can do to human health and the environment, states are considering clamping down. Mercury also has spurred discussion of air-quality controls on power plants and other coal burners. Polybrominated diphenyl ethers, flame retardants in common household products, have been found in dangerous levels in breast milk and wildlife.

WHO?

Environmentalists and utilities have been duking it out over mercury controls in power plants, and the federal government is mulling a mercury cap-and-trade rule for next year. Dentists use mercury in fillings, and their waste stream is being scrutinized. Scientists are still working on establishing the effect that PBDEs have on humans, but manufacturers will begin seeking alternatives.

WHERE?

Environmental groups are agitating for state action on limiting mercury emissions from power plants in Pennsylvania, Minnesota, Michigan and Indiana. Five states saw bills last year that were similar to Connecticut's ban on mercury-laced products; one such bill will be considered this session in Ohio. California already has a ban on PBDEs, set to take effect in 2008. Northwestern mothers were shown to have high levels of the chemical in their breastmilk; Oregon, along with Minnesota, Maryland and Illinois, will look at restricting PBDEs.

CRIMINAL JUSTICE

WHY?

Some states have gotten bad press for their troubled juvenile justice systems. And adult prison systems are being looked at in a new way as states realize how expensive it is to maintain prisons bulging with inmates (who face harsher and longer sentences thanks to decades of tough-on-crime laws).

WHO?

Input on ideas for juvenile justice reform is being sought from youth court judges, youth advocates and social workers. Staff of youth and adult prisons will benefit from better conditions--less crowding, more security, better training. In many places, counties that house state inmates could be affected by changes.

WHERE?

Louisiana, Mississippi, North Carolina and California will all be debating juvenile justice this year. Missouri's community-based system has been cited as a model. In Tennessee and Utah, officials are exploring alternatives to rigid lock-'em-up punishments for non- violent offenders. Arizona's Senate has a new committee that will focus on the state's corrections department, which is under the microscope after a prison hostage standoff.

GAY RIGHTS

WHY?

It was evident in the election that gay marriage was a hot-button issue for voters, and about a dozen states passed laws restricting marriage to one man and one woman. A few others will now be emboldened to try it.

WHO?

Religious groups, which played a role in electing conservatives in many places, will want to make their mark on state legislation. Gay- rights advocates and liberals will be on the defensive. Insurance companies have a stake in how legal benefits to domestic partners are determined in the states where they do business

WHERE?

A gay marriage ban is likely in Kansas' legislature this year, and South Carolina Republicans will look to strengthen their state's ban. In Illinois, gay-rights legislation will be reintroduced; Utah's new governor has promised to push for legal rights for unmarried people with shared financial interests, while Oregon will see a bill to create civil unions in the state. A group of pastors has vowed to rally against gay marriage at the Maryland capitol.

EMERGING TECHNOLOGIES

WHY?

Radio-frequency devices, which have typically been used on pallets and shipping containers to track the movement of goods, might start showing up on individual products, raising privacy concerns for consumers. The FDA just authorized a microchip for use in humans, noting that it could be life-saving to have a person's medical record available to emergency personnel. California's decision to fund stem- cell research will spark others to talk about how they can play catch- up. Other new technologies will attract attention for their economic development impact.

WHO?

The Grocery Manufacturers of America claims that it's too early to legislate and regulate the radio frequency identifiers because the technology is still being developed. Health privacy advocates caution that there should be checks in place to prevent abuses of medical record-storing chips. The scientific community generally backs expanded research opportunities, while religious groups are opposed to more stem-cell harvesting.

WHERE?

Massachusetts, Michigan and Wisconsin are looking to add funding to stem-cell research, in some places having to reassure citizens that existing state bans on human cloning won't be compromised. In all, 14 states are currently debating some form of stem-cell policy. Virginia announced its commitment to nanotechnology last session, following the lead of California, Colorado, Georgia, Illinois, New York and Texas.

IMMIGRATION

WHY?

President Bush has promoted immigrant-friendly legislation, possibly meaning an uptick in the number of immigrants. States that want to give in-state tuition benefits or driver's licenses to undocumented immigrants might be preempted by federal laws. Arizona voters put the issue on the radar by adopting a controversial ballot measure in November that will prevent illegal immigrants from receiving benefits. Safety is a concern on both sides of the driver's license debate, as fears of dangerous driving are pitted against worries about terrorism

WHO?

Many Latinos in Arizona voted for the anti-illegal-immigrant ballot measure as fears about immigrants' impact on local jobs and wages surfaced. Universities have a stake in whether undocumented state residents will get in-state tuition; the courts are being drawn into the issue in Kansas by the Federation for American Immigration Reform, which has tapped higher-paying out-of-state students as plaintiffs.

WHERE?

Hispanic activists in Georgia are campaigning in support of granting driver's licenses to illegal immigrants. Governor Schwarzenegger vetoed a bill that would have done the same in California. Other states will be watching Tennessee, which offers a first-in-the-nation "certificate of driving" that can't function as identification but will help encourage driving skills. It will be tweaked in the upcoming session. A coalition of immigrant advocates plans to push for in-state tuition for undocumented residents in Massachusetts.

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