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State lawsuits likely over health care bill

By Stateline.org Staff

TODAY’S TAKE: If and when President Obama signs legislation revamping the nation’s health care system, several Republican-led states appear likely to fight a key provision of the new law in court. Idaho Governor C.L. Butch Otter on Wednesday (March 17) became the first governor to sign a bill setting up a legal showdown, while Virginia’s attorney general vowed to do the same.
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Smaller prison count breaks 38-year trend

By John Gramlich, Stateline.org Staff Writer

State prisons have been a dynamic growth industry over the past four decades, with the number of inmates exploding by more than 700 percent. No longer. A survey released Wednesday (March 17) by the Pew Center on the States, the parent organization of Stateline.org, finds that the total number of prisoners in state custody declined last year for the first time since 1972.
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AL: Judge affirms Monday deadline for King on bingo investigation


A judge has issued a new or der saying he still wants Attor ney General Troy King to tell him by Monday where he stands on the electronic bingo investi gation by the Governor's Task Force on Illegal Gambling.   Read More
AL: Riley -- 'No hurry' on General Fund proration


Gov. Bob Riley said declaring proration in the budget that is used to fund prisons, public safety and Medicaid would not change anything except he would then be able to access the rainy day account.   Read More
AL: Riley, King share continued bingo battle talk with Huntsville civic groups


HUNTSVILLE, Ala. -- Alabama's governor and attorney general agree about one thing when it comes to bingo: The debate has taken up way too much of the legislature's time. But what to do about it remains an energy-sapping point of contention between the two Republicans.   Read More
AR: AG rejects recall, term limits proposals


Ballot proposals that would allow Arkansans to recall elected officials and set term limits for city and county elected officers were rejected by state Attorney General Dustin McDaniel today.   Read More
AR: Chief deputy AG to resign


Attorney General Dustin McDaniel's chief deputy will resign next month to return to the private sector, McDaniel's office announced today.   Read More
AR: Davis allowed to join lawsuit that halted fellow inmate's execution


A federal judge ruled today that death-row inmate Don William Davis can join a lawsuit that halted the execution of another condemned killer.   Read More
AZ: Anti-knife law restriction bill gets through House committee


Cities, counties and other governmental entities would be forbidden from restricting people's use of knives under a bill winding its way through the legislative process.   Read More
AZ: Attorney withdraws from Thomas inquiry


The Arizona Supreme Court will have to appoint a new attorney to investigate allegations of unethical behavior by Maricopa County Attorney Andrew Thomas following the withdrawal of its first choice.   Read More
AZ: Campus-gun bill advances


A proposal to allow faculty members to carry heat on college campuses has the gun lobby and police drawing down on each other, with each predicting dire consequences.   Read More
CA: California may sue prison guards union over its unpaid union leave tab


Last month this column reported that the state was prepared to sue the California Correctional Peace Officers Association for nearly $4 million it owes for something called "union-paid leave." Here's the latest: CCPOA didn't meet the March 1 deadline to pay at least half the bill. Instead, the correctional officers' union cut two checks totaling $122,496.27.   Read More
CA: Schwarzenegger administration considering buying $5,000 devices to combat in-home care fraud


The Schwarzenegger administration is considering buying $5,000 high-tech devices to photograph and fingerprint Californians who get subsidized in-home care for the elderly and disabled. The MorphoTrak "mobile biometric identification" device can fingerprint, snap a photo and transfer data to government systems, according to state social service officials.   Read More
CO: Colorado foreclosures up in February


Both real estate foreclosure filings and sales in Colorado rose in February year over year, largely because a moratorium on foreclosures no longer is in place this year, according to a report Wednesday by the Colorado Division of Housing.   Read More
CT: Union blasts agency for prison attacks


CHESHIRE, Conn. -- A leader of the union representing 700 Department of Correction officers is criticizing agency officials for failing to order a lockdown of the Manson Youth Correctional Institution more quickly in the aftermath of a pair of assaults on correction officers on Tuesday and Wednesday.   Read More
CT: Bill -- No statute of limitations in child sex abuse cases


Attorneys and advocates on Wednesday called for lawmakers to make Connecticut the fourth state in the nation to eliminate the civil statute of limitations in child sexual abuse cases.   Read More
FL: Florida's drug problem -- 49 of top 50 oxycodone prescribers are from state


The statement: "Nearly all of the top 50 prescribers of oxycodone in the United States are in Florida."   Read More
FL: State lawmakers seeking background checks for those who care for the most vulnerable


Legislation that would tighten screening and criminal background checks for people who work with children, seniors and disable people is coming up for a vote in the Florida House.   Read More
FL: State Rep. Cruz ordered to pay back taxes for improper homestead exemption


TAMPA, Fla. — The Hillsborough County property appraiser has put a lien on a house owned by state Rep. Janet Cruz to collect more than $30,000 in unpaid taxes and penalties.   Read More
FL: Proposed laws target adults who give alcohol to minors


Adults who knowingly provide alcohol to minors could soon be in a lot more trouble. The Senate's Regulated Industries Committee unanimously passed two laws aimed at curbing underage drinking before a crowd flecked in emerald green Wednesday.   Read More
GA: Senate votes to toughen massage parlor rules


A bill that would tighten the rules about how the state's hundreds of massage parlors and spas operate — especially those in Middle Georgia that double as sex parlors — passed the Senate Wednesday.   Read More
IA: Democrats resurrect concealed weapons measure


Legislative leaders have revived a concealed-weapons proposal that appeared dead earlier this month.   Read More
ID: Idaho's only private prison replaces its 2 leaders just days after ACLU sued


The Corrections Corp. of America is replacing the warden and assistant warden at the Idaho Correctional Center near Boise, the state's only private prison.   Read More
ID: Otter is the first governor to sign a law saying the state will defy a requirement to buy insurance


Democrats in Washington, D.C., hope to pass health care reform soon, but Republican state leaders in Idaho are preparing to go to court to fight it.   Read More
IL: Provena tax ruling -- Justices have many options


A long-awaited decision on the taxable status of Provena Covenant Medical Center is expected from the Illinois Supreme Court on Thursday morning.   Read More
IL: Blagojevich denied trial delay


CHICAGO — A federal judge denied a request by former Illinois Gov. Rod Blagojevich to push back his trial date, saying he has had plenty of time to prepare.   Read More
IL: Hundreds have sought FOIA help from attorney general


To no one's surprise, the Illinois attorney general's office has received hundreds of requests for help and advice since changes to the state Freedom of Information Act took effect in January.   Read More
IL: Ban on assault-style weapons advances to House


An Illinois ban on assault-style weapons gained initial traction on Wednesday. A House committee dominated by Chicago Democrats approved the measure on a vote of 7-4.   Read More
IL: Blagojevich request for trial delay is denied


Former Gov. Rod Blagojevich appears headed to trial in June after the judge overseeing his corruption case refused Wednesday a defense request to delay the proceedings until November.   Read More
IL: Measure advances to raise retirement age for lawmakers, judges


Lawmakers and judges would have to wait longer to retire and their pension checks would be limited under a measure that got full support today in a House panel.   Read More
IN: Lawyer pursues 'nose doctor' in civil lawsuit


A civil case against former Merrillville nose doctor Mark Weinberger would go forward in the next few months if a local attorney has his way.   Read More
KS: Complaint against O'Neal goes forward


A misconduct complaint against House Speaker Mike O'Neal, R-Hutchinson, will get a full hearing, a select committee decided Wednesday.   Read More
KS: Kansas House speaker being asked to testify about conflict of interest case


Kansas House Speaker Mike O'Neal will be asked to testify next week before a legislative panel investigating a conflict of interest complaint filed against him.   Read More
KY: Senate approves its version of 'Amanda's Bill'


Under the vigilant eye of a grieving mother, the state Senate approved a bill Wednesday to help protect domestic violence victims.   Read More
MA: Antibullying bill may lose punch


Proponents of an antibullying bill set to be debated in the state House of Representatives today say last-minute changes, made in the House Ways and Means Committee, have removed the heart of the legislation, stripping it of its most vital protections.   Read More
MD: Court fight looms for fire, police pensions


Baltimore's fire and police unions and the city are headed toward a legal battle over plans to alter the troubled public safety pension system, which threatens to deepen the already cash-strapped city's financial crisis.   Read More
MD: Crackdown on sex offenders taking shape


Legislation to toughen laws on sex offenders is taking shape in the General Assembly, but the debate over whether the proposed changes go far enough is not over.   Read More
MD: Slots motions, appeals piling up


The fight over slot machines at Arundel Mills mall is caught in a web of legal wrangling, with both sides asking the courts for help.   Read More
ME: Report -- Domestic violence in court


People charged with domestic violence frequently get their charges reduced. Different judges give strikingly different sentences for the same domestic crimes. And victims often are told to go to court then sent home because their cases are postponed.   Read More
MI: Scam artist dupes state for $9.1 million tax break


Convicted embezzler and scam artist Richard Short was back in a Flint jail Wednesday -- a day after taking a stage with an unwitting Gov. Jennifer Granholm to celebrate a $9.1-million state tax break for his new company.   Read More
MI: Ambassador Bridge owner loses appeal


DETROIT -- Sections of a welcome area in southwest Detroit built by owners of the Ambassador Bridge as part of the Gateway Project may have to be removed or altered after the Michigan Court of Appeals ruled against the bridge company on Wednesday.   Read More
MN: Gang board won't be eliminated just yet


A Minnesota legislator has agreed to amend a bill that could have immediately shut down the Metro Gang Strike Force advisory board.   Read More
MS: MDOC no longer will segregate inmates with HIV


Dozens of HIV-positive inmates in Mississippi will be moved from a segregated unit and allowed to participate in job training and other rehabilitation programs - following a decision by the Mississippi Department of Corrections to drop its 23-year-old policy.   Read More
NC: Ex-FBI agents set to begin review of state crime lab


Two former assistant directors of the FBI are beginning a review of North Carolina's crime lab following revelations that led to a groundbreaking exoneration of a man wrongly accused in a 1991 murder.   Read More
NC: Ex-Easley aide scheduled for arraignment


The ex-aide to former Gov. Mike Easley is returning to a North Carolina federal court and may find out whether the start of his trial will be pushed back.   Read More
NJ: Six same-sex couples ask N.J.'s top court for permission to wed


Six same-sex couples today will ask the New Jersey Supreme Court to allow gays to marry, their attorney said.   Read More
NM: High court ponders White Peak land exchange


New Mexico Supreme Court justices want more information before deciding whether or not an exchange of thousands of acres of state land around White Peak was legal.   Read More
NV: Judge says banquet servers don't qualify for overtime pay


Nevada hotel banquet servers aren't entitled to time-and-a-half overtime pay under federal or state law, a judge in Las Vegas ruled.   Read More
NV: Nevada prison population falls in 2009


RENO, Nev. — Nevada's prison population fell in 2009, mirroring a nationwide trend.   Read More
NY: Marissa Shorenstein, Paterson press secretary, quits


The defections from the Paterson administration continued Wednesday as his press secretary quit, the fifth resignation from his office in recent weeks.   Read More
OH: Governor's office -- e-mails back us up


Newly obtained e-mails show the top lawyer to Gov. Ted Strickland talked to the State Highway Patrol's lead investigator prior to a meeting at which the lawyers questioned the patrol's jurisdiction to investigate a criminal case.   Read More
OH: Groups file suit to stop Northeast Ohio Sewer District from charging storm water fees


Twenty-one different business and property groups filed suit Wednesday to block the Northeast Ohio Regional Sewer District from charging a storm water management fee to pay for projects to reduce flooding and control erosion across the region.   Read More
OH: Law aims to curb teen violence


Arms wrapped around each other's waists for support, Cheryl Rucker and Elizabeth Deal stood at the front of a Statehouse meeting room and reflected on the bittersweet circumstances that brought them together.   Read More
OK: Oklahoma ethics panel's actions are challenged


Reprimands issued by the state Ethics Commission's against candidates or state employees found violating campaign or ethics rules are unconstitutional, an attorney who handles ethics cases told a House committee Wednesday.   Read More
OK: Oklahoma Senate panel approves death penalty for child rapists


The Oklahoma Legislature is pushing forward a bill to allow the death penalty for child rapists, despite a recent U.S. Supreme Court ruling that such a penalty is unconstitutional.   Read More
OK: Moving day


STIGLER, Okla. — For more than five years, a Ten Commandments monument on Haskell County government land generated litigation and far-reaching discussion. The marker's relocation on Wednesday, however, unearthed little more than dirt. Amid a contingent made largely of about a half-dozen media members, workers completed the move of the 8-foot-by-3-foot granite slab from the Haskell County courthouse lawn to a spot about a block east.   Read More
OR: Oregon assistant attorney general who pleaded guilty to assault has resigned


Susan Gerber, a nine-year veteran of the Oregon Department of Justice, has not returned to work since she was arrested on Feb. 13.   Read More
OR: Attorney general campaigns for open government


A journalist able to avoid being shut out of a public meeting by looking up the law on a cell phone is a small victory for Oregon Attorney General John Kroger in a battle about government transparency.   Read More
PA: Court says parents can block 'sexting' cases


In the first federal appeals court opinion dealing with "sexting" — the transmission of sexually explicit photographs by cellphone — a three-judge panel of the United States Court of Appeals for the Third Circuit ruled Wednesday that parents could block the prosecution of their children on child pornography charges for appearing in photographs found on some classmates' cellphones.   Read More
PA: Court denies request to halt probe of Orie


The state Supreme Court on Wednesday denied requests from state Sen. Jane Orie and Senate Republicans to stop an Allegheny County grand jury investigation of her political campaign activities.   Read More
PA: Jury has reached conclusion on one defendant in Veon trial


A Dauphin County jury continued deliberating this afternoon after questioning the judge hearing a corruption case against former House Democratic Whip Mike Veon about the conspiracy and conflict of interest charges.   Read More
PA: Appeals court won't rule on free speech, 'sexting' link


PHILADELPHIA, Pa. -- A federal appeals court Wednesday decided not to decide whether photos in a "sexting" controversy are free speech protected by the First Amendment.   Read More
PA: Bonusgate deliberations taking toll on jurors


At least three jurors hearing the Bonusgate public corruption trial wept as they ended a fourth day of deliberation today.   Read More
SC: AAA -- Cuts to S.C. Highway Patrol will be deadly


AAA Carolinas predicts the proposed $20 million cut in state funding to the S.C. Department of Public Safety will increase road fatalities to the state.   Read More
SC: Judge nixes executioner's suit


A federal judge has ruled against a former South Carolina prisons employee who said he was forced to perform executions or face a demotion, effectively ending the man's lawsuit against the state corrections agency.   Read More
TN: State medical examiner arrested


The Tennessee state medical examiner's career is in jeopardy and some of his biggest cases under scrutiny after Mississippi investigators uncovered a package of marijuana addressed to him and more of the drug in his hotel room.   Read More
TN: Bredesen gets bill aimed at preventing phone scams against seniors


A proposal that seeks to prevent phone scams targeting Tennessee senior citizens is headed to the governor for his consideration.   Read More
TN: TN courts debate pursuit of tenants who hide income


GALLATIN, Tenn — People who lie about their income to get cheaper rent in government housing should go to jail for theft, one prosecutor says, but the courts aren't so sure.   Read More
TX: Texas senators invite president to visit border


WASHINGTON — Texas' U.S. senators pressed the White House Wednesday to take more seriously the threat that Mexican drug cartels' murder and mayhem could spill across the border and claim the lives of Texans.   Read More
TX: Denison man named ombudsman for TYC


A Denison man with 35 years of law enforcement experience was named ombudsman Wednesday for the Texas Youth Commission, a job vacant for four months after Gov. Rick Perry's previous appointee was indicted.   Read More
TX: Can Rick Green be stopped?


Ever since Rick Green's narrow March 2 win in the GOP primary for the Place 3 seat on the Texas Supreme Court set off a collective grumble from the legal establishment, there's been a movement afoot to shore up support for his runoff opponent, Fort Worth family court judge Debra Lehrmann. Now the fruits of those efforts have ripened.   Read More
TX: RN rehab


For years, Leanne Malone balanced drug addiction and nursing, caring for her Port Arthur patients while on methamphetamines. When she was arrested, she thought her career might be over. But Texas gives some nurses with substance abuse problems second chances, and Malone was one of them.   Read More
US: Animal abuse as clue to additional cruelties


Responding to growing evidence that people who abuse animals often go on to attack humans, states are increasing the penalties for animal cruelty and developing better methods for tracking convicted offenders.   Read More
UT: GOP clarifies its ovation for Kevin Garn


Utah House Republicans held a closed-door meeting Wednesday evening to discuss the handling of former Rep. Kevin Garn's admission last week, in the final moments of the 2010 legislative session, to a decades-old nude hot-tubbing incident with a 15-year-old girl.   Read More
UT: Courts prepare to tighten their belt in face of budget cuts


To implement a $2.4 million reduction in the state court's budget, hearings may no longer be held in some rural courthouses, front-counter duties for juvenile and adult matters could be consolidated -- and court support staff likely would be eliminated across the board.   Read More
UT: House GOP to huddle on handling of Garn's hot-tub admission


House Republicans plan to meet Wednesday evening in a closed-door meeting for a frank discussion on the handling of House Majority Leader Kevin Garn's revelation last week of nude hot-tubbing with a minor.   Read More
VA: Va. set to challenge federal health-care reform legislation


RICHMOND, Va. -- Virginia will file a legal challenge to the constitutionality of the Democratic health-care reform bill if Congress approves the measure, a spokesman for Attorney General Ken Cuccinelli II said Wednesday.   Read More
VT: Senate OKs releasing Vermont prisoners early


The number of people Vermont locks up in prisons had been mostly in decline for about two years — until July 2008, when a 12-year-old girl died, allegedly at the hands of a convicted sex offender.   Read More
VT: Vermont Supreme Court hears Rooney appeal


SOUTH ROYALTON, Vt. -- A man convicted in the rape and murder of a University of Vermont student took his case to the state's highest court Wednesday, his lawyer arguing that DNA analysis that helped convict him was suspect and that he deserves a new trial.   Read More
WA: WA Supreme Court to hear death penalty debate


The state Supreme Court will hear arguments on the constitutionality of the state's execution process.   Read More
WI: Supreme Court to hear Walworth County OWI case


The state Supreme Court will review whether out-of-state offenses should be counted for sentence enhancement purposes in Wisconsin.   Read More
WY: Wyoming seeks $660,000 from Sinclair for spill


Wyoming is seeking a settlement of $660,000 against Sinclair Wyoming Refining Company -- a penalty that would be among the state's biggest in recent years -- for failing to take measures to prevent a huge spills last year.   Read More
The empire strikes out
By Stephen C. Fehr, Stateline.org Staff Writer

Speaking of StatesNew York Governor David Paterson replaced a governor caught up in a scandal. Now Paterson is accused of wrongdoing himself and has declined to run for election. Facing a myriad of challenges, including a $9 billion budget shortfall, Paterson is finding it difficult to be effective in his final months in office.   Read More
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