Statehouse 2006: Lawmakers look at property rights, immigration and emergencies

~ The bungled federal response to Hurricane Katrina offered a lesson that leaders are heeding.

State lawmakers return to their jobs this month, grappling with finding ways to protect property rights, stem the influx of illegal immigrants and prepare for emergencies, with Hurricane Katrina still fresh on their minds. Looming behind all their actions will be thoughts of elections this fall.

Money worries have eased a bit for many states after years of tight budgets. But that only spurs debate over how to spend surpluses -- should it be on schools, roads or easing homeowners' high energy bills? Meanwhile, long-term costs of health care and education promise to soar, complicating the lawmakers' next moves.

Beyond budgets, a top issue is the backlash created by the U.S. Supreme Court's ruling that said governments may seize private property for economic development. Lawmakers in Florida, Georgia, Maryland, Missouri and elsewhere are trying to ban the use of eminent domain for such purposes.

Immigration issue

And illegal immigration already is spurring argument and action, from Arizona to New Hampshire.

Georgia legislators want to bar government assistance to illegal immigrants for food stamps and education. An Arizona proposal would crack down on businesses that hire illegal immigrants. New Hampshire will consider allowing police to detain undocumented immigrants for a few days until federal authorities take them.

"The federal government has got to step up and do its job," said New Hampshire's Senate Majority Leader Bob Clegg, a Republican.

The bungled federal response on the Gulf Coast to Hurricane Katrina offered a lesson that leaders are heeding.

Hawaii Gov. Linda Lingle, a Republican, wants to spend $4 million so public buildings can function as emergency shelters and create areas where residents can put their pets during an evacuation. She also wants new anti-looting measures with steep penalties.

In Tennessee, Democratic Gov. Phil Bredesen wants to improve emergency communications. "At the moment we are basically picking up cell phones and calling. ... That's fine, unless something happens and the cell phone towers go down," he said.

The steadily improving finances in most states have resulted in ideas for new programs after years of restraint. Alaska and New Mexico, both of which have surpluses because of higher prices for their oil and gas, are looking at big capital projects -- part public ownership of a proposed natural gas pipeline in Alaska and school construction in New Mexico.

Medicare, roads on the list

But the rising cost of Medicaid, the joint state-federal health care program for the poor, is still a top worry. Many states -- Kansas, Oklahoma, Missouri and Kentucky among them -- are looking to control or lower these costs.

Roads are getting a long look as well. Delaware, Minnesota and California are weighing bond proposals to improve transportation, with some considering tolls to cover part of the cost.

Social issues are bubbling up, too, particularly when it comes to the question of religion in public life.

In Florida, a proposed state constitutional amendment would require public school students to recite the Pledge of Allegiance with the words "under God," unless excused by a parent. Legislators want a law to let counties display the Ten Commandments on public property.

A proposal in Alabama would allow public high schools to offer an elective course in Bible literacy. "It would be hard to dispute the most influential book known to man is the Bible," said House Majority Leader Ken Guin, a Democrat who has prepared the legislation. The course would be academic, not devotional, he said.

Bans on gay marriage will be considered in Minnesota, New Hampshire and possibly Maryland. Legislators in Georgia and Kentucky are weighing bans on adoptions by gay couples.

Among the other subjects lawmakers in several states are looking at: tighter restrictions on sex offenders; limits on law enforcement use of stun guns; ways to prevent and punish identity theft, and expansion of research into stem cells.

California, Maryland and New Mexico are considering increasing the minimum wage. California and New Jersey are weighing moratoriums on the death penalty. Florida legislators are debating whether to require unanimous juries instead of simple majorities on death-penalty recommendations to judges.

But not all proposed laws are about life, death or dollars.

One Missouri lawmaker wants to force stores to sell warm beer in an effort to cut down on drunken driving, and a Florida state legislator is proposing to make it a crime to let everyone see your underwear "in a vulgar and indecent manner," with violators punished by up to 10 days in jail.

"We have to change the way men, especially young men, dress," said Florida state Rep. Gary Siplin, a Democrat.

"I had an Afro when I was growing up. We had some things. But showing your underwear? That doesn't look good. That ain't cool."