The New Jersey Senate Democratic Caucus Has Ousted Long-Time Senate President and Former Governor Richard Codey and Handed the T

Trends and Transitions

he New Jersey Senate Democratic Caucus ndiana Representative Edward DeLa- Thas ousted long-time Senate President and Iney was hospitalized in November with former Governor Richard Codey and handed facial fractures and a broken rib after being the top leadership post to Senator Steve attacked by the son of a man involved in Sweeney. The sometimes contentious contest a legal dispute over an adult bookstore 26 pitted two of the Senate’s most powerful men. years ago. Augustus Mendenhall has been Codey had been Senate president since 2004, charged with attempted murder, aggravated and, because of a quirk in the New Jersey battery and criminal confinement in the bru- constitution, governor from November 2004 tal beating. A witness to the attack called to January 2006. Sweeney had been Senate police. DeLaney, an attorney, thought he majority leader since 2008. Assembly Speaker was meeting a prospective client about a Joe Roberts retired in the summer, which set New Jersey Senate President Stephen Sweeney. land deal, but instead was allegedly attacked in motion leadership races in both houses. by Mendenhall, whose gun jammed before New Jersey has a tradition of splitting leader- mittee, has served in the legislature since 2007. he could shoot the lawmaker. Burke Men- ship posts along geographic lines. Roberts and He is a graduate of Duke University and Har- denhall was sued in 1983 when the county Sweeney are from south Jersey, Codey from vard Law School, where he founded a small prosecutor attempted to close down adult the north. As Sweeney’s challenge gained sup- technology firm with two classmates. Repre- bookstores, one of which was located in port, politicos looked to find a new speaker sentative Jay Goyal is in his second term in Mendenhall’s property. DeLaney repre- from the northern part of the state. Sweeney the Ohio House of Representatives, where he sented the company that developed the came to power with Assemblywoman Sheila is vice chairman of the Faith-Based Initiatives mall where the store was located and his Oliver, from Codey’s home county, who was Committee and a member of the Finance Com- wife was an assistant county prosecutor at unanimously elected speaker the same day mittee. A graduate of Northwestern Univer- the time. Six years later the U.S. Supreme Sweeney became Senate president. She is the sity, he is vice president of Goyal Industries, Court ruled that the seizure of bookstore first African-American woman to hold the post the manufacturing firm his father founded. material was unconstitutional, and Men- in the state. Senator Barbara Buono became denhall sought $75 million from the city the Senate’s first female majority leader, suc- he generals counsel to the Pennsylva- and the prosecutor for lost business and ceeding Sweeney. The new leadership team Tnia House Republican Caucus retired in harm to his reputation. The U.S. District will be working with Republican Chris Chris- November several weeks after state prosecu- Court determined the prosecutor had civil tie, who beat Jon Corzine in the governor’s tors requested his testimony in the so-called immunity. race. That will be “an interesting challenge,” Bonusgate probe. Brett Feese, a former law- according to Sweeney. maker, was the state’s highest paid staffer, at laine Calzolari,s the first woman sergeant- $197,000. He was one of up to a dozen people Eat-arms of the Colorado Senate, and hode Islands Representative Scott Slater who received the letters, including Represen- later calendar clerk, died of ovarian cancer Rwas sworn into office in November after tative John Perzel. Feese was the long-time in November. She resigned from the Senate winning the seat held by his father for 15 years leader of the House Republican Campaign in April when her cancer, which had been in in a special election. Representative Thomas Committee while in office. When he retired remission, returned. The legislature honored Slater died in August at age 68 after a long Dec. 1, 2006, he immediately became the her at a lunch, and custodians to lawmakers battle with cancer. House Speaker William J. caucus’ chief legal counsel. The state attor- presented her with a gift to help her travel the Murphy and Majority Leader Gordon Fox ney general has been investigating corruption world while she could. Although her tenure hosted a reception for the chamber’s newest in Harrisburg since 2007. Last year, a dozen was relatively short in the legislature, her lawmaker after the swearing-in ceremony. people involved with House Democrats were impression was lasting. Chief Sergeant-at- Slater, 34, is a budget analyst for the city of charged with handing out millions of dollars to Arms Philip Brown said Calzolari’s voice is Providence. campaign aides on the state payroll. the one on the office voice mail. “We never changed it, and we’re never going to change arty crasherss grabbed most of the press labama’ss oldest lawmaker, who announced it,” he said. Before turning to politics, Calzo- Pabout the state dinner for Indian Prime Ain September he would not seek re-elec- lari had a distinguished career as an artist. She Minister Manmohan Singh hosted by Presi- tion, has changed his mind. Bill Dukes, 82, studied sculpture in France, and had numer- dent Obama in November. Two state legisla- was first elected in 1994, and has run unop- ous public commissions in Colorado and the tors of Indian descent, however, were on the posed in the past. But in 2010 he will face nation. It was the basis for her philosophy as guest list legitimately. Kansas Representative opposition from Republican Jason Putnam, she faced death: “Look every day for what is Raj Goyle, a member of the Taxation Com- who has announced for the seat. beautiful.”

January 2010 state legislatures 7 Trends and Transitions Online Voter Registration Expands

digital signature verification,” Maricopa t used to be that when you reached 18, you County Recorder Helen Purcell says. “In I had to go to the elections office, a library bad economic times, with budget cuts and or another public office to register to vote. layoffs, online registration reduces costs and Today, you can register over the Internet in makes it easier to deliver better service to our several states. constituents.” In 2001, Arizona became the first to allow To use the system in Arizona, a voter qualified voters to register entirely online. In must have a current state driver’s license or the 2008 presidential election year, 69 per- a state ID card. Voters without either must cent of the registrations and updates received submit their registration form by mail or by Maricopa County (Phoenix) were com- in person with another form of acceptable pleted online using the state’s EZ Voter Reg- proof, such as a birth certificate or pass- istration site. port. All methods of registration, including In 2007, Washington joined Arizona. More online submissions, must be completed 29 than 158,000 Washington voters completed days before an election. registration forms using the online system in Congress is considering legislation to 2008. California enacted online registration require all states to offer online voter reg- in 2008, permitting online filing up to 15 istration for federal elections. Introduced in days before an election. March 2009, the Voter Registration Modern- And last year, Colorado, Indiana, Kansas, ization Act (H.R. 1719) would effectively Louisiana, Oregon and Utah joined the online repeal current list maintenance procedures states. At press time, legislation is pending in required by the 1993 National Voter Regis- Michigan, New Jersey and New York. tration Act. The bill would require states to tight deadlines in processing new registrants, “The system works effectively and set the cut-off date for online voter registra- eliminating duplicate records, and mailing securely because it directly links the secretary tions not more than 15 days prior to a fed- out confirmation notices before Election of state’s website with the Motor Vehicles eral election. This requirement is a cause of Day. Most states now require voters to regis- Division driver’s license database—enabling concern for some election officials who cite ter 25 to 30 days before an election.

Opting Out of Health Reform

tates share a complicated relationship with the federal government in regulating various S aspects of the health insurance market and in enacting health reforms. In response to federal health reform legislation, members of at least 11 state legisla- tures are using the legislative process to limit, alter or oppose certain possible federal actions, including single-payer provisions and mandates that would require the purchase of insurance. Arizona has proposed a state constitutional amendment that says, in part: “To preserve the freedom of all residents of the state to provide for their own health care… A law or rule shall not compel, directly or indirectly, any person, employer or health care provider to participate in any health care system.” Arizona citizens will vote next November on this constitutional amendment that, if adopted, could block future state health reforms and at least raise questions about some fea- tures within future federal health reforms. Formal resolutions or bills also have been filed in Florida, Indiana, Michigan, Minnesota, New Mexico, North Dakota, Ohio, Pennsylvania, West Virginia and Wyoming. At least 10 more states have discussed future action or intentions. For the latest details, go to www.ncsl. org/magazine.

8 state legislatures January 2010 Trends and Transitions States Water Food Taking DNA Samples Deserts number of states have followed Pennsylvania’s lead by cre- A ating public/private financing to expand grocery stores into underserved areas. These “food deserts” are areas or communi- ties that lack stores selling healthy food. Shops in these neighbor- hoods often offer only candy, cigarettes and snack foods, rather than fresh produce and other grocery staples. Studies have shown that people living in food deserts suffer disproportionately from diet-related illnesses such as type 2 diabetes and heart disease. Since 2004, Pennsylvania’s Fresh Food Financing Initiative has provided $30 million in seed money that, leveraged with $90 million in private investments, has helped open, expand ll 50 states require certain convicted felons to submit a DNA sample, or improve 74 grocery projects in almost half the counties in A and 47 collect samples from all felons. Many states also require sex the state. These projects vary from large-scale grocery stores to offenders and those who commit misdemeanors to submit DNA samples. small corner shops, but all meet the goal of reaching customers States continue to widen the scope of DNA collection. Twenty-one now who were having difficulty buying healthy food. allow samples to be taken from those arrested for, but not yet convicted of, certain offenses. Seven states passed laws last year. Proponents of taking DNA samples from arrestees argue that, with more samples in the database, it may help prevent crime, free the innocent and make criminal identification more objective. They also contend that many methods of DNA extraction—such as swabbing the inside of the mouth—are minimally invasive and no more intrusive than taking fin- gerprints. Arrestees are far more likely to be linked to a crime they previ- ously committed—but were not arrested for—when they submit a DNA sample. Others are concerned with the civil liberties and privacy of those who give DNA samples. They argue that specimens should be treated with the highest security for the purposes deemed appropriate by each state legis- lature, and that stiff state and federal penalties should exist for those who abuse the information. Legislators considering expanding DNA collections are also concerned about the costs. Without adequate funding, more sample collections could overwhelm local forensic laboratories, creating a backlog of unanalyzed samples and diminishing any potential benefits.

States Allowing the Collection oF DNA Samples from Arrestees

Three other states created similar initiatives in 2009. New York included $10 million in state funding last year to be par- layed with private investments to help build and renovate stores. The state also is offering funding and technical assistance to increase energy efficiency at stores, which is usually one of the largest costs for a grocery retailer. New York will promote local food production as well, by requiring that funded retailers par- ticipate in the state’s Pride of New York marketing program and buy locally produced foods as much as possible. The state hopes to start loaning money this year. Illinois and Louisiana also passed measures creating funding initiatives for grocery stores in 2009, and Ohio considered leg- islation.

January 2010 state legislatures 9