Ten Commandments Cases Before the Supreme Court

The Supreme Court will hear arguments on Wednesday in two cases relating to displays of the Ten Commandments on government property. The dockets, briefs, and related materials for the cases appear below.

Van Orden v. Perry
Docket No. 03-1500

Question presented
Petitioner's brief
Respondents' brief
Petitioner's reply brief

A prior opinion for this case was issued by the Court of Appeals for the Fifth Circuit on November 12, 2003.

McCreary County v. ACLU of Kentucky
Docket No. 03-1693

Questions presented
Petitioner's brief
Respondent's brief
Petitioner's reply brief

The case was previously heard in the Court of Appeals for the Sixth Circuit. Two opinions are available for this case: December 18, 2003 and March 23, 2004.

Source: "The Ten Commandments Reach the Supreme Court." New York Times February 28, 2005.

Canadian Beef Issues

From the USDA press release: "The U.S. Department of Agriculture today released its assessment of the Canadian ruminant-to-ruminant feed ban. Agriculture Secretary Mike Johanns in a hearing Feb. 3 before the Senate Agriculture Committee stated that USDA would be "absolutely transparent" with the results of the assessment and would immediately release it when it was available."

For more information, read the USDA's Assessment of the Canadian Feed Ban.

In related news, 121 claims have been filed by Canadian cattlemen under Chapter 11 of NAFTA. They are seeking compensation from the U.S. government for lost income for the period the border was closed to Canadian beef.

Sources: "Agriculture officials deem Canadian cattle safe." Missoulian February 26, 2005. A3. Associated Press article.
"Canadians want U.S. to pay for beef losses." Missoulian February 27, 2005. D1. Reprinted from the Seattle Times.

Powder River Environmental Impact Statement Ruling

From the Northern Plains Resource Council press release: "The U.S. District Court delivered a significant victory to Montana’s family farmers and ranchers in southeastern Montana today. The Court ruled that the Bureau of Land Management (BLM) failed to analyze reasonable options to minimize the environmental impacts of coal bed methane development, and that the agency’s authorization of unlimited methane development violates the National Environmental Policy Act and therefore must be revisited."

For more information, view the court decision online. The environmental impact statement in question is also available:
Final Statewide Oil and Gas Environmental Impact Statement and Proposed Amendment of the Powder River and Billings Resource Management Plans.

Source: "Coalbed methane study ruled flawed." Missoulian February 26, 2005. B3. Associated Press article.

Friday Resource Round-Up

Here are some recent reports worth knowing about:

100 Years of Conservation...for the Greatest Good
A new publication from the Forest Service in honor of its centennial.

The 2005 HHS Poverty Guidelines
A federal measure of poverty issued by the Department of Health and Human Services.

Census of Publicly Funded Forensic Crime Laboratories, 2002
A new report from the Bureau of Justice Statistics on the budget, staffing, workload, and forensic backload of the nation's crime labs.

Comparative Indicators of Education in the United States and Other G8 Countries: 2004
A new report from the National Center for Education Statistics (NCES).

Compendium of Research on Violence Against Women, 1993-2004
A compendium of research projects from the National Institute of Justice Violence & Victimization Research Division.

Dynamics of Minority-Owned Employer Establishments, 1997–2001
A new report from the Small Business Administration (SBA).

Review of the Port Security Grant Program
A new report from the Inspector General of the Department of Homeland Security.

Science.gov Alerts
Science.gov is offering a new ALERT service that notifies users on a weekly basis of new content within specific areas of interest.

Support Providers: 2002

These Old Houses: 2001
Two new reports from the Census Bureau.

Taking Care of Business: Protecting Public Health and the Environment
The EPA’s Pesticide Program FY 2004 annual report.

Voluntary Reporting of Greenhouse Gases 2003
An annual report of the Energy Information Administration of the Department of Energy.

Presidential Papers
Both Bill Clinton and George H.W. Bush have recently released some of their presidential papers for public research. The finding aids for these collections are available on the presidential library websites:

William J. Clinton Presidential Library

George Bush Presidential Library

British Prevention of Terrorism Act

From the AP article: "Prime Minister Tony Blair's proposed new anti-terrorism law, which would allow the government to detain suspects without trial, won the backing of a majority of lawmakers Wednesday in a key parliamentary vote." The issue is included here due to the similarities to some U.S. legislation in the past four years.

Read the text of the Prevention of Terrorism Act, the explanatory notes for the bill, or the related research paper, for more information. The heated debate in Parliament, which begins on column 333, is also very useful.

Source: "Anti-terrorism bill progresses: British government wants power to monitor citizens." Missoulian February 24, 2005. A3. AP article.

Cobell v. Norton

From the newspaper brief: "For the second time, a federal judge has ordered the Interior Department to account for billions of dollars in royalties that Indian tribes contend the government owes them."

The case under consideration is Elouise Pepion Cobell v. Gale Norton, Civil Action No. 96-1285. A memorandum & order and an additional order were issued by Judge Royce C. Lamberth of the U.S. District Court of the District of Columbia.

Source: "Interior ordered to account for Indians' royalties." Missoulian February 24, 2005. A5. Reprinted from the Los Angeles Times.

NCSL No Child Left Behind Report

From the National Conference of State Legislatures (NCSL) press release: "Granting states flexibility to meet the goals of the No Child Left Behind Act will result in stronger democracy and strengthen the nation's economic future, according to a bipartisan review of the law.

"A special task force of the National Conference of State Legislatures today released the results of a 10-month study that identified specific areas of the act that need to be changed if states are to guarantee that young people will learn at their full potential."

View the final draft or executive summary of the report on the NCSL website. The Department of Education has also issued a response to the report.

For more information on the No Child Left Behind Act, visit the Department of Education website.

Sources: "State legislators demand changes to No Child law." Missoulian February 24, 2005. A5. Associated Press article.
"Report Faults Bush Initiative on Education." New York Times February 24, 2005.

Montana Legislation in the News

House Bill 61 Montana Recreation Responsibility Act - failed to pass House
Source: "Outlook dim for injury liability bill." Missoulian February 23, 2005. B5.

House Bill 240 Adding various groups to hate crimes law - failed to pass House
Source: "House kills bill that would protect gays." Missoulian February 22, 2005. B1.

House Bill 368 Prohibit covert monitoring for traffic offenses - rerefered to House committee (non-tabled)
Source: "House passes bill outlawing unmarked police cruisers." Billings Gazette February 23, 2005.

House Bill 387 Restore TANF cuts and restrict future cuts - failed to pass House
Source: "Bill that would have restored welfare cuts killed." Missoulian February 23, 2005. A2.

House Bill 389 Cost recovery for electricity generated by default supplier - passed House
Source: "NorthWestern Energy narrowly given approval to generate power." Missoulian February 23, 2005. A2.

House Bill 435 Establish Governor's Postsecondary Scholarship Program - passed House
Source: "Legislators OK scholarships, but not just for 'best, brightest'." Missoulian February 22, 2005. B1.

House Bill 456 Charter schools and charter school districts - failed to pass House
Source: "House kills bill to create charter schools." Missoulian February 23, 2005. B5.

House Bill 490 Closed primary - failed to pass House
Source: "House turns down closed primary bill." Missoulian February 23, 2005. A2.

House Bill 642 Authorize local governing entities to become default suppliers - failed to pass House
Source: "House kills bill to let Great Falls sell power." Great Falls Tribune February 23, 2005.

House Bill 661 Gaming business subject to Clean Indoor Air Act -- local ordinances prohibited - passed House
Source: "House votes to prohibit smoking ban in bars and casinos." Missoulian February 22, 2005. A2.

House Bill 730 Revise judicial bypass provisions under parental notice of abortion act - passed House
Source: "House passes legislation requiring parental notice of teen abortions." Missoulian February 22, 2005. A2.

House Bill 737 Revise laws governing physician assistants - passed House
Source: "House passes abortion-related issue." Missoulian February 23, 2005. B5.

Senate Bill 258 Revise compensation of surface owner for damage by oil and gas operation - failed to pass Senate
Source: "Senate kills bill giving surface owners greater say in drilling." Bozeman Daily Chronicle February 23, 2005.

Senate Bill 263 Limit term of student regent to one year - withdrawn
Source: "Squires kills bill calling for student regent term limits." Missoulian February 23, 2005. A2.

Senate Bill 281 Protection of public health & safety & fish & wildlife under permitting decision - passed Senate
Source: "Senate endorses bill to let agencies place conditions on permits." Missoulian February 22, 2005. A2.

Senate Bill 452 Penalty for violation of no contact order - passed Senate
Source: "Senate favors 'no-contact orders'." Billings Gazette February 23, 2005.

Senate Bill 503 Repeal authorization for Teton Spring Creek preserve - passed Senate
Source: "Senate OKs end to Choteau bird preserve." Great Falls Tribune February 23, 2005

Proposed Bonneville Power Administration Changes

From Congressman Denny Rehberg's letter to the OMB: "We are writing to express our unified and emphatic opposition to two provisions in the recently released fiscal year 2006 budget that would lead to massive electricity rate increases in the Pacific Northwest, reduce reliability of the electrical grid, and potentially threaten the continued viability of the Bonneville Power Administration. One of the provisions would require federal power marketing administrations, including Bonneville, to sell power at market-based rates. The other would change the accounting treatment of a number of Bonneville's financial transactions by counting these transactions against Bonneville's borrowing authority from the U.S. Treasury."

View the proposed changes to the Bonneville Power Administration in the President's proposed FY 2006 Budget for the Department of Energy.

You can also read the press release from Denny Rehberg's office, which includes the text of the letter he wrote in opposition to the proposals.

Source: "Rehberg others balk at raising BPA rates." Missoulian February 22, 2005. B1.

Center for Energy and Economic Development v. EPA

From the New York Times: A federal appeals court has rejected a government-approved program used by five Western states to improve air quality in national parks and wilderness areas." The case refers to efforts in Arizona, New Mexico, Oregon, Utah and Wyoming to improve air quality in their national parks (including Yellowstone).

The case in question is Center for Energy and Economic Development vs. the Environmental Protection Agency. You can read the opinion online for additional information.

The opinion refers to the Regional Haze Rule issued by the EPA. This rule appeared in the July 1, 1999, Federal Record and is in the Code of Federal Regulations: 40CFR51.308, 40CFR51.309.

The recent court opinion also references a prior case, American Corn Growers Association v. EPA, which was decided in 2002.

Source: "Court Rejects Government Plan to Improve Air Quality in Parks." New York Times February 22, 2005.

President Signs Class-Action Fairness Act of 2005

On February 18, 2005, President Bush signed the Class-Action Fairness Act of 2005 into law. You can read the transcript of the President's remarks upon signing the bill on the White House website.

For further information, the latest version of the bill is available through THOMAS, and you can see a summary of the bill's path through Congress with links to relevant portions of the Congressional Record. The details of the final roll call votes in the House and Senate are also available online.

Source: "Bush Enacts Law to Limit Class-Action Suits." NPR.org February 18, 2005.

FDA Advisory Panel Hearings on Celebrex, Vioxx, and Related Medications

From the New York Times: "After a panel of medical experts gave a very cautious nod to the continued use of the painkillers Celebrex, Vioxx and Bextra on Friday, pain management experts said they expected to see the same caution transform the way the painkillers are prescribed from now on."

For more information, view the materials (agenda, testimony, discussion points, etc.) associated with the joint meetings between the Arthritis Drug Advisory Committee and the Drug Safety and Risk Management Advisory Committee that were held on February 16-18, 2005.

Sources: "F.D.A. Moves Toward More Openness With the Public." New York Times February 20, 2005.
"For Pain Management, Doctors Prescribe Caution." New York Times February 20, 2005.

Polar Bear as a Threatened Species Petition

From the Center for Biological Diversity press release: "Today the Center for Biological Diversity, a non profit conservation organization, filed a formal petition requesting that the polar bear species (Ursus maritimus) worldwide be added to the list of threatened species under the United States Endangered Species Act. Polar bears may become extinct by the end of this century because their sea-ice habitat is literally melting away due to global warming."

For more information, view the Center for Biological Diversity petition (4 Mb PDF file), the executive summary of the petition, or polar bear overview on the Center's website.

You can also find out more about the endangered and threatened species program on the U.S. Fish and Wildlife Service site.

Source: "Bearly getting by: Global warming threatens survival of Arctic symbol, conservationists say." Missoulian February 21, 2005. B1. Associated Press article.

Friday Resource Round-Up

Here are some the key government reports released this week.

Annual Energy Outlook 2005
A new report from the Department of Energy.

Antidepressant Medications for Children and Adolescents: Information for Parents and Caregivers
A resource guide from the National Institute of Mental Health.

Bridging the Gap: Powered by Ideas
A report on the activities of the Defense Advanced Research Projects Agency (DARPA).

The CIA and Nazi War Criminals
A web archive of recently released documents pertaining to the U.S government's relationship with General Reinhard Gehlen. Hosted by the National Security Archive.

The Census Bureau issued 4 new Economic Census reports related to Montana this week:

Administrative and Support and Waste Management and
Remediation Services

Health Care and Social Assistance

Other Services (Except Public Administration)

Professional, Scientific, and Technical Services

Economic Report of the President
"An annual report written by the Chairman of the Council of Economic Advisors. It overviews the nation's economic progress using text and extensive data appendices."

Finances of County Governments: 2002
This Census Bureau report provides county-level data on expenditures and debt.

The Gulag Study
A compilation of reports from the Department of Defense Prisoner of War/Missing Personnel Office.

Information Sharing for Homeland Security: A Brief Overview
A Congressional Research Service (CRS) report hosted by the Federation of American Scientists (FAS).

Mercury in the Environment: Sources and Health Risks
A CRS report hosted by the National Council for Science and the Environment.

Reports Purged From the Website of the Civil Rights Commission
The Memory Hole has saved and posted reports removed from the Civil Rights Commission website.

Social Security Calculator
An online calculator posted by the Senate Democrats to demonstrate the differences between benefits under the current Social Security system and the Bush-proposed system.

State Estimates of Substance Use from the 2002-2003 National Surveys on Drug Use and Health
A new report from the Department of Health and Human Services Office of Applied Studies.

The State of Agricultural Commodity Markets 2004
A new report from the Food and Agriculture Organization of the United Nations (FAO).

Water Resources Survey Books by County
The Montana Department of Natural Resources and Conservation (DNRC) has digitized these core water resources.

General Accountability Office (GAO) Reports:

21st Century Challenges: Reexamining the Base of the Federal Government

Digital Broadcast Television Transition: Estimated Cost of Supporting Set-Top Boxes to Help Advance the DTV Transition

Federal Thrift Savings Plan: Customer Service Practices Adopted by Private Sector Plan Managers Should Be Considered

Homeland Security: Agency Plans, Implementation, and Challenges Regarding the National Strategy for Homeland Security

Military Pay: Gaps in Pay and Benefits Create Financial Hardships for Injured Army National Guard and Reserve Soldiers

Retiree Health Benefits: Options for Employment-Based Prescription Drug Benefits under the Medicare Modernization Act

Special Education: Children With Autism

United Nations: Oil for Food Program Audits

VA Health Care: VA Should Expedite the Implementation of Recommendations Needed to Improve Post-Traumatic Stress Disorder Services

Wildland Fire Management: Forest Service and Interior Need to Specify Steps and a Schedule for Identifying Long-Term Options and Their Costs (Testimony)

Wildland Fire Management: Important Progress Has Been Made, but Challenges Remain to Completing a Cohesive Strategy

Lawsuit on National Forest Rules

From the Earthjustice press release: "A coalition of conservation groups lodged a complaint today in Federal District Court in San Francisco challenging the Bush administration's new rules for managing the nation's 192 million acre National Forest System, a magnificent network of forests and grasslands in 42 states that encompasses 8 percent of the country. The challenged regulations are supposed to govern activities on all national forests and ensure the protection of wildlife and the environment, but the Bush administration has watered them down to the point where they are virtually meaningless."

Read the text of the complaint filed in court by Earthjustice, which represents the Defenders of Wildlife, the Sierra Club, The Wilderness Society, and the Vermont Natural Resources Council.

The lawsuit refers to the revised NFMA planning rules issued by the Forest Service in December. The rule changes also appeared in the January 5, 2005, Federal Register.

Source: "Conservation coalition claims Bush's forest rules water down wildlife protection." Missoulian February 18, 2005. A12. Associated Press article.

Power Supply Outlook Update

From the Northwest Power and Conservation Council press release: "An analysis by the Council concludes that while snow pack and runoff forecasts for the Columbia River Basin are far below normal for this time of year, except in British Columbia, the region will not suffer a power shortage later this year even if the hydropower supply is below normal. That is because the supply of electricity from other sources, primarily natural gas-fired power plants, is adequate, if more expensive than hydropower."

For more in-depth information, view the report from the Northwest Power and Conservation Council: February 2005 Power Supply Outlook Update. The website also includes background information on the Council and many other reports and publications.

Source: "Group says power prices may rise." Missoulian February 18, 2005. A1.

Attorneys General Brief for the BSE Lawsuit

From the Montana Attorney General's Office press release: "Citing risks to public health and the economy, Montana Attorney General Mike McGrath and North Dakota Attorney General Wayne Stenehjem Wednesday filed a brief (PDF) supporting an injunction to keep the U.S. border closed to Canadian cattle. Five other attorneys general also signed the brief."

View the brief of the Attorneys General for the R-CALF lawsuit online.

Source: "Montana, six other states enter mad cow lawsuit." Missoulian February 17, 2005. B1. Associated Press article.

Hearing: Current and Projected National Security Threats to the United States

From the February 16th New York Times article: "Top intelligence officials said today that they remained concerned that terrorists were regrouping to attempt another major attack on the United States and also said that Iran posed a rising threat in the Middle East."

For more information, view the statements of intelligence officials presented at a Senate Select Committee on Intelligence hearing on February 16, 2005:
Current and Projected National Security Threats to the United States.
The hearing featured statements from Porter Goss (CIA), Robert Mueller (FBI), Vice Admiral Lowell Jacoby (Defense Intelligence Agency), Admiral James Loy (Homeland Security), and Thomas Fingar (State Dept.).

Sources: "Bush administration officials warn of future terrorist acts." Missoulian February 17, 2005. A10. Associated Press article.
"Senate Intelligence Committee Warned on Threats to U.S." New York Times February 16, 2005.
"U.S. Aides Cite Worry on Qaeda Infiltration From Mexico." New York Times February 17, 2005.

Montana Legislation in the News

House Bill 376 Revise time for presidential primary election
Source: "Lawmaker proposes moving back primary presidential election." Bozeman Daily Chronicle February 16, 2005.

House Bill 471 Provide for appointed superintendent of public instruction
Source: "Lawmaker calls for public schools chief to be chosen by governor." Missoulian February 16, 2005. B5. Associated Press article.

House Bill 602 Require judges to decide cases in 90 days or salary not paid
Source: "Lawmaker wants judges put on deadline." Missoulian February 16, 2005. B6.

House Bill 634 Revise school laws
Source: "Groups say bill is politicizing education." Missoulian February 16, 2005. A2. Associated Press article.

House Joint Resolution 8 Endorse ratification of amendment expanding eligibility for President
Source: "Lawmaker proposes moving back primary presidential election." Bozeman Daily Chronicle February 16, 2005.

Senate Bill 177 Revise ANB funding
Source: "Senate approves $70 million boost to education funding." Missoulian February 16, 2005. A2.

Senate Bill 207 Electronic monitoring of sexual offenders
Source: "Sex offender tracking bill approved by Senate." Bozeman Daily Chronicle February 16, 2005.

Senate Bill 272 Progressive gross receipts tax for big box stores
Source: "Committee reviews 'big box' store tax proposal." Missoulian February 16, 2005. B5.

Senate Bill 361 Interim study to prepare a sales tax to replace income tax
Source: "Replacing income tax with sales tax proposed." Missoulian February 16, 2005. A2. Associated Press article.

Senate Bill 362 Eliminate individual income tax
Source: "Replacing income tax with sales tax proposed." Missoulian February 16, 2005. A2. Associated Press article.

Senate Joint Resolution 19 Resolution on the USA PATRIOT Act

Beaverhead And Big Hole River Recreation Rules

From the Montana Fish, Wildlife and Parks (FWP) press release: "Montana Fish, Wildlife and Parks will accept public comment on an environmental assessment of the rules governing recreational use on the Beaverhead and Big Hole Rivers in southwest Montana.

"The environmental assessment was prepared to evaluate proposed amendments to the rules based on the recommendations of the Beaverhead and Big Hole Citizen Advisory Committee (CAC). The amendments would change or eliminate some of the restrictions on float outfitting, create temporary client days for one-boat outfitters, and retain the remaining elements of the current rules."

View the environmental assessment on the Montana FWP website. Other environmental assessments open for comment which have been released in the past month are also available on the Montana FWP website.

Trout Unlimited Report on Oil and Gas Exploration Impacts

From the Trout Unlimited press release: "Fish and wildlife experts from throughout the Rocky Mountain West said today that the gas and oil development expanding at break-neck pace across the region has little science guiding it related to impacts on coldwater fisheries, wildlife populations and human health, and called for more study before those impacts become irreversible. Confluence Consulting of Bozeman, Mont., conducted an inventory for Trout Unlimited (TU) of scientific information available on the issue, which revealed the paucity of available research."

This report was issued by Trout Unlimited, which is a non-profit organization, not a government agency. The report is included here because it relates to government activities:
Annotated Bibliography of the Potential Impacts of Gas and Oil Exploration and Development on Coldwater Fisheries

Source: "Impact of energy development questioned." Missoulian February 16, 2005. A1.

FDA Drug Safety Oversight Board

From the New York Times: "Responding to widespread criticism of the government's handling of drug safety problems, the Food and Drug Administration announced Tuesday that it was creating a board to advise it on drug complications and to warn patients about unsafe drugs."

View information about the new FDA Drug Safety Oversight Board on the FDA Drug Safety Initiative website.

Sources: "New board will check on risks of drugs after FDA approval." Missoulian February 16, 2005. A7. Associated Press article.
"F.D.A. to Create Advisory Board on Drug Safety." New York Times February 16, 2005.

Clear Skies Act of 2005

From the New York Times: "Heart-shaped boxes of Valentine's Day sweets sent by environmental groups reached Senate offices by Monday, but they came with distinctly sour words for the Clear Skies Act of 2005: 'Clearly a sweetheart deal for polluters.'"

For more information, view the text of Senate Bill 131 and its summary and status through THOMAS.

Source: "Vote Nearing, Clean Air Bill Prompts Rush of Lobbying." New York Times January 15, 2005.

Montana Legislation in the News

House Bill 269 Clarify recreational access to public waters upon road abandonment
Source: "Bill to preserve public water access passes House." Missoulian February 13, 2005. B2. Associated Press article.

House Bill 304 Revise driver's license laws
Source: "Anti-federal bills move forward in House." Bozeman Daily Chronicle February 15, 2005.

House Bill 366 Exempt firearms made in MT from federal const. commerce clause
Source: "Anti-federal bills move forward in House." Bozeman Daily Chronicle February 15, 2005.

House Bill 539 Generally revise telecommunications laws
Source: "Bill would deregulate offers from telephone companies." Missoulian February 15, 2005. B3.

House Bill 552 Eliminate asset test for Medicaid children; children eligible up to 133% FPL
Source: "Bill would allow more children to be eligible to receive Medicaid." Missoulian February 15, 2005. A2.

House Bill 561 Abolish death penalty
"Bill introduced to abolish Montana's death penalty." Missoulian February 15, 2005. A2.

Senate Bill 210 Corridor of discovery commission
Source: "Senate rejects rail-to-path bill." Billings Gazette February 15, 2005. Associated Press article.

Senate Bill 291 Quality home school and child protection act
"Crowd opposes home-schooling measure." Missoulian February 15, 2005. A2.

Senate Bill 293 Revise laws related to ethanol
Source: "Legislation would require ethanol be blended with gas." Missoulian February 15, 2005. A2.

Senate Bill 317 Regulate conversion of health insurer from nonprofit to for-profit status
Source: "Montana health insurers attack consumer backed bill." Missoulian February 12, 2005. A2.

Senate Bill 343 Increase beer tax to fund alcohol and drug prevention and treatment
Source: "Proposal seeks to increase beer tax." Missoulian February 12, 2005. A1. Associated Press article.

Senate Bill 376 Require environmental impact statement on certain reach of Gallatin River
Source: "Bill would require study of Gallatin River." Bozeman Daily Chronicle February 15, 2005.

Senate Bill 402 Vital statistics for stillbirth
Source: "Perry proposes birth certificates for stillborn babies." Bozeman Daily Chronicle February 15, 2005.

Methamphetamine Bills Pending in Montana Legislature

Preventing methamphetamine use and production is a major issue under consideration by the Montana Legislature. The Monday, February 14th Missoulian highlighted many of the bills under consideration relating to this issue.

House Bill 73 County voted levy for substance abuse programs

House Bill 326 Change penalty for 2nd & subsequent methamphetamine possession conviction

House Bill 340 Television and radio advertising to counter meth abuse

House Bill 441 Sale of pseudoephedrine only by prescription

House Joint Resolution 1 Support substance abuse prevention efforts

Senate Bill 29 Revise exemption from public assistance eligibility

Senate Bill 166 Revise methamphetamine enforcement laws

Senate Bill 287 Regulate sale of ephedrine, pseudoephedrine; meth watch program

Senate Bill 387 Treatment facility for second methamphetamine conviction

Sources: "Methamphetamine bills pending." Missoulian February 14, 2005. A3.
"Lawmakers look for ways to slow spread of meth." Missoulian February 14, 2005. A1.

Medical Malpractice Bills in the Montana Legislature

The Sunday Missoulian highlighted the bills that have been introduced in the Montana Legislature concerned with reforming medical malpractice:

House Bill 24 Restrict evidence of expressions of sympathy
(This bill includes elements of House Bill 217 and House Bill 59.)

House Bill 25 Limit health care provider liability for other person's act or omission

House Bill 26 Restrict liability of health care provider for ostensible agency

House Bill 64 Statutory criteria for expert witness in malpractice cases

House Bill 331 Joint underwriting association for medical malpractice insurance

Senate Bill 21 Restrict damages for reduced chance of patient's recovery

Senate Bill 316 Revise reporting mechanism for medical malpractice insurers

Senate Bill 352 Clarify inadmissibility of medical malpractice legal panel decisions

Sources: "Malpractice insurance leads priority list." Missoulian February 13, 2005. B1.
"Bills take various approaches to protecting doctors." Missoulian February 13, 2005. B6.

2005 State of Education Address

The State of Education Address delivered to the Montana Legislature on Friday, February 11 is now available online.

2005 State of Education Address

Friday Resource Round-Up

Here are some recently released reports worth knowing about:

2005 Consumer Action Handbook
"The Handbook features general advice on steps to take when shopping for goods or services, along with warnings on what to watch out for when shopping for cars, credit and home improvements."

AARP Montana Social Security Survey
A recent survey on Montanans' views on Social Security reform.

Indian Issues: Timeliness of the Tribal Recognition Process Has Improved, but It Will Take Years to Clear the Existing Backlog of Petitions

Long Term Fiscal Issues: The Need for Social Security Reform

Medicare Fee-for-Service Beneficiary Access to Physician Services: Trends in Utilization of Services, 2000 to 2002
New reports from the General Accountability Office (GAO).

National Drug Control Strategy: HIDTA, High Intensity Drug Trafficking Area Program Annual Report
A new report from the White House Office of National Drug Control Policy.

Number, Timing, and Duration of Marriages and Divorces: 2001
A new report from the Census Bureau.

Treaties in Force 2004
Current U.S. treaties in effect.

USDA Agricultural Baseline Projections to 2014
New long-term commodity projections from the Department of Agriculture.

The Woodward and Bernstein Watergate Papers
Not a government resource exactly, but valuable documents relating to politics and an important period in government affairs.

Meningitis Vaccine Recommendations

From the CDC press release: "The Advisory Committee on Immunization Practices (ACIP) has modified its guidelines for use of the polysaccharide meningococcal vaccine to prevent bacterial meningitis, particularly for college freshmen who live in dormitories, a group found to be at a modestly increased risk of meningococcal disease relative to other persons their age."

For more information, visit the Advisory Committee on Immunization Practices (ACIP) website. The CDC has also created several pages on meningococcal disease and its vaccine:
Meningococcal Disease
Meningococcal Vaccine

Source: "Meningitis shots for dorm residents recommended." Missoulian February 11, 2005. A11. Associated Press article.

9/11 Commission Staff Report and Richard Clarke Memo

Two new documents have recently been released which are related to pre-September 11 threats.

The 9/11 Commission Staff Report mentioned in recent news stories was written on August 6, 2004. The report is available on the Committee on Government Reform Minority Office website and on the National Security Archive website.

The National Security Archive at George Washington University has made the memo from Richard Clarke to Condoleezza Rice available to the public. The memo was written on January 25, 2001.

Sources: "9/11 Report Cites Many Warnings About Hijackings." New York Times February 10, 2005.
"Critics Want Full Report of 9/11 Panel." New York Times February 11, 2005.
"Clarke Memo Warned of Al Qaeda Threat." NPR. Morning Edition, February 11, 2005.

PEER and UCS Fish & Wildlife Service Survey

From the survey press release: "Political intervention to alter scientific results has become pervasive within the U.S. Fish & Wildlife Service (USFWS), according to a survey of its scientists released today by the Union of Concerned Scientists (UCS) and Public Employees for Environmental Responsibility (PEER). As a result, endangered and threatened wildlife are not being protected as intended by the Endangered Species Act, scientists say."

You can view the results of the U.S. Fish & Wildlife Service Survey on the UCS website.
The site includes the questions asked and results by region.

Source: "Scientists complain of interference." Missoulian February 10, 2005 A9. Los Angeles Times article.

North Korean Nuclear Statement

From the New York Times: "In a surprising admission, North Korea's hard-line Communist government declared publicly today for the first time that it has nuclear weapons.

"It also said that it will boycott United States-sponsored regional talks designed to end its nuclear program, according to a North Korean Foreign Ministry statement transmitted today by the nation's wire service."

The BBC News has made the text of the North Korean statement available online.

Condoleezza Rice also gave an interview today in which she discussed the North Korea statement.

Source: "North Korea Says It Has Nuclear Weapons and Rejects Talks." New York Times February 10, 2005.

Montana Legislation in the News

House Bill 387 Restore TANF cuts and restrict future cuts
Source: "Lawmakers hear testimony on bill to boost welfare." Great Falls Tribune February 10, 2005.

House Bill 389 Cost recovery for electricity generated by default supplier
Source: "Bill allowing NorthWestern to re-enter power business tabled." Missoulian February 10, 2005 A2.

House Bill 481 Create main street program
Source: "Bill would give state's aging downtowns financial boost." Missoulian February 9, 2005. B5. Associated Press article.

House Bill 520 Exemption from minor in possession when filing rape report and receiving exam
Source: "Bill would protect underage drinkers reporting crimes." Missoulian February 10, 2005 A1.

House Bill 529 Create at-risk family stabilization program; eitc; child support pass through
Source: "Lawmakers hear testimony on bill to boost welfare." Great Falls Tribune February 10, 2005.

House Bill 532 Pharmaceutical advertising act
Source: "Drug company fighting proposal." Missoulian February 9, 2005. B5. Associated Press article.

Senate Bill 177 Revise ANB funding
Source: "School funding boost advances." Missoulian February 10, 2005. A2.

Senate Bill 339 Free conservation, hunting, and fishing licenses for military
Source: "Returning soldiers offered free hunting licenses under bill." Bozeman Daily Chronicle February 10, 2005.

Senate Bill 348 Increase video gambling tax for residential property tax relief tax credit
Source: "Casino owners protest gambling tax bill." Missoulian February 10, 2005. A2.

Legislative Snapshot of Montana

The Montana State Library's Digital Library Division has made the Legislative Snapshot resource available to the public. This resource gathers current socioeconomic and natural resource data on Montana and organizes it by the 50 Senate districts.

Take a look at this terrific resource: A Legislative Snapshot.

Class Action Fairness Act of 2005

From the Missoulian: "Congress is close to making it easier for corporations to dodge many of the class-action lawsuits that businesses say are bankrupting them while rewarding lawyers and doing little to help victims."

You can learn more about Senate Bill 5, the Class Action Fairness Act of 2005, through THOMAS. For more information, view the text of the legislation, bill status, and transcripts of the Senate floor debate.

Source: "Congress close to granting Bush's goal limiting class-action suits." Missoulian February 9, 2005. A4. Associated Press article.

Montana Legislation in the News

House Bill 200 Tax credits for health insurance
Source: "Democrats pitch health insurance, drug plans." Missoulian February 8, 2005. A2. Associated Press article.

House Bill 231 Unborn child homicide act
Source: "House Judiciary Committee rejects fetal homicide bill." Missoulian February 4, 2005. A2. Associated Press article.

House Bill 456 Charter schools and charter school districts
Source: "Bill would allow charter schools." Bozeman Daily Chronicle February 8, 2005.

House Bill 540 Bonding for higher education and other state projects
Source: "Bonding bill has big bucks for Great Falls." Great Falls Tribune February 8, 2005.

House Bill 544 Wild bison recovery and conservation
Source: "Two new bison bills introduced in Legislature." Bozeman Daily Chronicle February 8, 2005.

House Bill 584 Promote growth of film and other media in Montana
Source: "House Bill 584 aims to lure filmmakers." Missoulian February 8, 2005. B1.

Senate Bill 196 Prohibit order concealing public hazards
Source: "Senate votes in favor of ending secrecy over hazardous products." Missoulian February 4, 2005. A2. Associated Press article.

Senate Bill 324 Prescription drug assistance and discount programs
Source: "Democrats pitch health insurance, drug plans." Missoulian February 8, 2005. A2. Associated Press article.

Senate Bill 351 Eliminate unisex insurance law
Source: "Unisex insurance law challenged in Senate committee." Billings Gazette February 8, 2005.

Senate Bill 353 Transfer neutered wild bison to tribal organizations
Source: "Two new bison bills introduced in Legislature." Bozeman Daily Chronicle February 8, 2005.

Montana Citizen's Survey on K-12 Education

From the Missoulian: "A lawmaker on the House Education Committee has launched an online survey to solicit the views of parents and the public on what kind of 'quality' education the state should offer its public schools students."

Take the survey online: Montana Citizen's Survey on K-12 Education.

Source: "Lawmaker launches online education survey." Missoulian February 8, 2005. A2.

Asbestos-related Indictments and Legislation

From the EPA press release: "The United States Department of Justice and the Environmental Protection Agency announced today that a federal grand jury in the District of Montana has indicted W.R. Grace and seven current and former Grace executives for knowingly endangering residents of Libby, Montana, and concealing information about the health affects of its asbestos mining operations."

FindLaw has made the text of the indictment available online.

The Missoulian also referenced a new bill in Congress. The Fairness in Asbestos Injury Resolution Act of 2005 (or FAIR Act of 2005) was read in the Senate on February 7, and the text of the bill currently appears in the Congressional Record beginning on page S1009. As of this writing, a bill number has not been established for this piece of legislation.

Sources: "W.R. Grace, executives indicted." Missoulian February 8, 2005. A1.
"Revamped asbestos bill aims to protect Libby residents." Missoulian February 8, 2005. A11.

Bison Vaccination Program

From the Montana Department of Livestock press release: "Vaccination of Yellowstone bison calves and yearlings that enter Montana could begin this season, according to a recent decision by the Montana Department of Livestock. Brucella abortus strain RB51 vaccine will be used by hand injection."

For more information about the bison vaccination program, view the decision notice, public comments on the program, or the initial environmental assessment.

President's 2006 Budget

The President released his 2006 budget today. The budget is available on the Office of Management and Budget (OMB) website. On the OMB homepage, you can find an overview of the budget and sections of the budget divided by topic or area of interest. On the page dedicated to the 2006 budget, you can find information about funding for individual departments. The Summary Tables bring most of the budget figures together in one place.

Sources: "Bush requests $867 million for forest restoration." Missoulian February 7, 2005. A1.
"Bush budget cuts funds for local police, home heating for poor." Missoulian February 6, 2005. A3. Associated Press article.

African American History Month

Here are some links to government-issued resources for African American History Month.

The National Register of Historic Places has created a webpage for African American History Month 2005, which includes links to featured properties, National Park Service publications, and related resources.

Federal Resources for Educational Excellence (FREE) has assembled guides and teaching materials related to black history.

The Census Bureau has pulled together statistics and reports for African American History Month.

Friday Resource Round-Up

Many governmental reports were released this week. Here are some key resources:

2004 Montana Integrated Water Quality Report
A new report from the Montana Department of Environmental Quality (DEQ) and the Montana Natural Resource Information System (NRIS).

Copyright Office Plan to Study "Orphan Works" (Federal Register Notice)
This week, the Copyright Office announced its intent to "examine the issues raised by 'orphan works,' i.e., copyrighted works whose owners are difficult or even impossible to locate." The Federal Register Notice of Inquiry provides an overview of the topic.

Emergency Preparedness Guide: Protecting Your Family and Your Home
A joint publication from the Homeownership Alliance and the Department of Homeland Security.

Enrollment in Postsecondary Institutions, Fall 2002 and Financial Statistics, Fiscal Year 2002
A report from the National Center for Education Statistics.

Federal Criminal Case Processing, 2002: With trends 1982-2002, Reconciled Data
A new report from the Bureau of Justice Statistics.

Interim Report
Report of the Independent Inquiry Committee into the United Nations Oil-for-Food Programme.

Military Casualty Information
Detailed casualty information for Operation Iraqi Freedom and Operation Enduring Freedom is available from the Department of Defense.

Office of Economic Research, Research Publications 2004
A new bibliography from the Small Business Administration (SBA).

Privacy Office, Report to Congress for April 2003 - June 2004
A report from the Department of Homeland Security.

Summary of OPI Activities - February 2005
Summary from the Montana Office of Public Instruction.

Trademark Document Retrieval Portal
The U.S. Patent and Trademark Office describes in a press release the new trademark portal that allows you to view documents relating to all pending trademark applications and many currently registered trademarks.

New Congressional Research Service (CRS) Reports (Thanks to ResourceShelf for these links.):

• Access to Government Information in the United States
  
• Spyware: Background and Policy Issues for Congress
  
• Data Mining: An Overview
  
• Secret Sessions of Congress: A Brief Historical Overview
  
• U.S.-EU Cooperation Against Terrorism
  
• Border Security: Fences Along the U.S. International Border
  
• North Korea: A Chronology of Events, October 2002-December 2004
  
• Campaign Finance: Constitutional and Legal Issues of Soft Money

Key General Accountability Office (GAO) Reports This Week:

• Social Security: Long-Term Challenges Warrant Early Action
  
• Military Personnel: A Strategic Approach Is Needed to Address Long-term Guard and Reserve Force Availability
  
• Alien Registration: Usefulness of a Nonimmigrant Alien Annual Address Reporting Requirement Is Questionable
  
• Dairy Industry: Information on Milk Prices, Factors Affecting Prices, and Dairy Policy Options
  
• State Department Needs to Resolve Data Reliability Problems that Led to Inaccurate Reporting to Congress on Foreign Arms Sales
  
• Student Financial Aid: Need Determination Could Be Enhanced through Improvements in Education's Estimate of Applicants' State Tax Payments
  
• Telemarketing: Implementation of the National Do-Not-Call Registry
  
• Weapons of Mass Destruction: Nonproliferation Programs Need Better Integration
  
• Workplace Safety and Health: Safety in the Meat and Poultry Industry, While Improving, Could Be Further Strengthened

Alberto Gonzales Confirmation

From the New York Times: "Alberto R. Gonzales, a longtime adviser to President Bush who helped to shape the White House's aggressive response to the Sept. 11 attacks, won confirmation on Thursday as the nation's first Hispanic attorney general despite protests from Senate Democrats over his record on torture."

View the recent debates on the floor of the Senate by reading the Congressional Record for February 1, 2005 through February 3, 2005. Most of the debate occurred during the Executive Sessions held on those days.

• February 1, 2005 - Link to initial nomination and executive sessions
  
• February 2, 2005 - Link to the executive session
  
• February 3, 2005 - Executive session

View the results of the roll call vote confirming Gonzales.

Source: "Gonzales Is Confirmed in a Closer Vote Than Expected." New York Times February 4, 2005.

Public Access to NIH-funded Research

From the National Institutes of Health (NIH) press release: "The National Institutes of Health (NIH) announced today a new policy designed to accelerate the public's access to published articles resulting from NIH-funded research. The policy — the first of its kind for NIH — calls on scientists to release to the public manuscripts from research supported by NIH as soon as possible, and within 12 months of final publication."

For more information, view the final policy and implementation plan on the NIH website.

To see where the NIH-funded research will be posted, visit PubMed Central.

Social Security Reform Information

Social Security reform has been a key topic in the news lately. Here are some key resources for tracking and understanding proposed social security changes.

The Congressional Budget Office (CBO) has issued a key report on Social Security and provided testimony to Congress on the issue:
Updated Long-Term Projections for Social Security
Testimony on Alternative Perspectives on Social Security

A Senate Finance Committee Hearing on the "Long Term Outlook for Social Security" was held on February 2, 2005.

The President's policies and plans for Social Security are available on the White House website. Also, the President's Commission to Strengthen Social Security provides information on the President's plans.

The Social Security Administration has issued a publication entitled "Social Security's Future," which provides answers to frequently asked questions about Social Security changes.

The Montana Legislature has introduced a joint resolution (SJ 16) that urges Congress to "provide sound, long-term funding for Social Security and to avoid privatizing the program."

Sources: "Introducing Private Investments to the Safety Net." New York Times February 3, 2005.
"Guest Columns: Social insecurity." [A set of editorials by Max Baucus, Carol Williams, and Conrad Burns] Missoulian February 3, 2005. B4.

State of the Union Address

From the White House summary: "President Bush laid out ambitious goals for the future, behind which all Americans can unite, and urged the Nation to move forward with the work that needs to be done this year:

1. Growing Our Economy and Renewing Great Institutions
   
2. Saving Social Security for America 's Future Generations
   
3. Protecting America 's Families and Promoting Compassion Across the Nation
   
4. Making America Safer with Decisive Action to Win the War on Terror and Spread Freedom"

Read the text or watch video of the State of the Union Address on the White House website.

Military Death Benefits

From the New York Times: "Responding to Congressional pressure, the Defense Department proposed yesterday nearly doubling death benefits and life insurance payments to families of soldiers who die in a combat zone, to $500,000, from the current $262,420.

"But senators and representatives of all four military branches argued in a Senate hearing that the increased benefits should be extended to survivors of all service members who die on active duty, even those who are not in a theater of war."

For more information, read testimony presented at the Senate Armed Services Committee hearing on February 1.

The article in the Missoulian also referenced Senate Bill 77, which proposes increasing death benefits.

Sources: "Senate Panel on Benefits for Survivors Hears Critics." New York Times February 2, 2005.
"Military Death Benefit Called Too Narrow" Associated Press. February 2, 2005.
"Bush to propose increase in military death benefits." Missoulian February 1, 2005. A3. Associated Press article.

Right to Exercise Political Speech

From the Montana Department of Justice press release: "In an opinion released Monday, Montana Attorney General Mike McGrath held that as long as public resources are not involved, a public officer or public employee may engage in political speech."

View the opinion for more information.

Source: "Public officials can express political views, McGrath rules." Missoulian February 2, 2005. B3.

Montana Legislation in the News

House Bill 48 Solid waste licensing exclusions
Source: "House kills bill to regulate power plant ash." Missoulian February 2, 2005. B4.

House Bill 99 Penalty for driving when license suspended or revoked for DUI or test refusal
Source: "Stiffer DUI penalties forwarded in house." Missoulian February 2, 2005. A2.

House Bill 380 The terrorism awareness and prevention act
Source: "Committee axes plan for state terrorism czar." Missoulian February 2, 2005. B4.

House Bill 441 Sale of pseudoephedrine only by prescription
Source: "Two bills would restrict sale of key ingredient in making meth." Missoulian February 2, 2005. B4.

Senate Bill 104 Graduated driving privileges
Source: "Senate passes graduated licenses." Missoulian February 2, 2005. A1.

Senate Bill 240 Clarify status of existing intercap loans
Source: "Republicans, Democrats spar over state borrowing." Missoulian February 2, 2005. A2.

Senate Bill 287 Regulate sale of ephedrine, pseudoephedrine; meth watch program
Source: "Two bills would restrict sale of key ingredient in making meth." Missoulian February 2, 2005. B4.

Senate Bill 303 Full deductibility of medical expenses
Source: "Bill offers tax credit for uncovered medical expenses." Missoulian February 2, 2005. B4.

Report of the International Commission of Inquiry on Darfur

From the United Nations press release: "A report by a United Nations-appointed commission of inquiry into whether genocide has occurred in Sudan's war-torn Darfur region has found that the Government and Janjaweed militia are responsible for crimes under international law and strongly recommends referring the dossier to the International Criminal Court (ICC)."

For more information, read the Report of the International Commission of Inquiry on Darfur to the United Nations Secretary-General and Secretary-General Kofi Annan's statement on the report.

Source: "U.N. commission says Darfur killings fall short of genocide." Missoulian February 1, 2005. A5. Associated Press article.

Grading the States: 2005

From the Missoulian: "Montana state government lives on the edge, doing a poor job of planning in the management of its money, employees, building maintenance and information systems, a new study has found."

The study is part of the Government Performance Project, funded by the Pew Charitable Trusts. The report is Grading the States: 2005, and the "report card" for Montana is available on the site.

Source: "Report raps state government: National study slams Montana for poor planning, money management." Missoulian February 1, 2005. B3. Associated Press article.

Pay Increase Legislation

The Montana State Senate voted to increase the minimum wage on Monday. From the Missoulian: "The Senate voted Monday to raise the state's minimum wage from $5.15 an hour to $6.25 over Republican objections that it would actually cost low-income workers jobs because employers couldn't afford the pay increase."

The bill in question is Senate Bill 78. The fiscal note for this bill is also online.

A new bill that would put into effect the pay plan negotiated by the governor and the state employee unions was discussed on Monday. From the Missoulian: "The political dispute over state employee pay kicked up again Monday when a House panel considered a second attempt to enact a two-year, $70 million raise that was negotiated between the governor's office and the state's largest public employee unions."

The discussed bill is House Bill 447.

Sources: "Senate votes to raise minimum wage." Missoulian February 1, 2005. A1.
"Pay plan debate; second verse, same as the first." Missoulian February 1, 2005. A2.

"Best and Brightest" Scholarship Program

From the state press release: "At a press conference in the Capitol, Governor Brian Schweitzer today announced the details of his 'Best and Brightest' college scholarship program.

"'If Montana is to achieve success in attracting new businesses and in promoting a healthier climate for economic growth then we must invest in education,' said Governor Schweitzer. 'Montana’s families have been priced out of an education. Our state’s most talented should have the opportunity to attend college and be the engines that drive the state’s future economic growth.'

"The Best and Brightest program will provide 970 new scholarships to Montanans and will result in an 83 percent increase in state financial aid to students – from $3.6 million to $6.6 million."

The program is outlined in House Bill 435. Both the text of the bill and the related fiscal note are available on the state website.

Source: "Governor pitches aid for students." Missoulian February 1, 2005. B1.