Report on Intelligence Community and WMDs

From the New York Times: "A scathing report made public this morning concludes that American intelligence agencies were 'dead wrong' in almost all of their prewar assessments about the state of unconventional weapons in Iraq, and that on issues of this importance 'we simply cannot afford failures of this magnitude'."

You can view the report from the Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction online: Report to the President.

Sources: "President's commission to fault intelligence sharing." Missoulian March 31, 2005. A5. Associated Press article.
"Report Calls U.S. Intelligence 'Dead Wrong' on Iraq Weapons." New York Times March 31, 2005.

Western Governors' Association Executive Summit on Indian Gaming

From the Western Governors' Association press release: "Western governors, tribal leaders and gaming experts today concluded two-days of frank discussions on the growth of Indian gaming and related issues, including the controversial practice of what is called 'reservation shopping.'"

For more information on the Western Governors' Association Executive Summit on Indian Gaming, visit the briefing materials web page for the conference.

The codified version of the Indian Gaming Regulatory Act of 1988 appears in Title 25, Chapter 29, of the U.S. Code.

Source: "Western governors consider changes to Indian gaming law." Missoulian March 30, 2005. A1.

Supreme Court Rules on Discrimination Cases

The Supreme Court issued two decisions recently in discrimination cases. You can read the full text of the decisions, transcripts of the oral arguments, and related court documents through the Supreme Court website.

Jackson v. Birmingham Board of Education (Title IX Case)
Docket no. 02-1672
Opinion
Oral arguments
Court briefs

Smith v. City of Jackson (Age Discrimination Case)
Docket no. 03-1160
Opinion
Oral arguments
Court briefs

Sources: "High court expands Title IX law: Ruling gives teachers, coaches sex-discrimination protections." Missoulian March 30, 2005. A5. Associated Press article.
"Court Broadens Scope of Age-Discrimination Protections." New York Times March 30, 2005.
"Justices Say Law on Sex Bias Guards Against Retaliation, Too." New York Times March 30, 2005.

Montana State Income Tax Help Available

From a news release from the Montana Department of Revenue:
"As the April 15 income tax deadline nears, we want to help Montana taxpayers in every way we can," said Dan Bucks, Director of the Department of Revenue. "We'll provide assistance on a variety of individual income tax matters through our Customer Service Center, statewide local offices and Internet website."

The Customer Service Center assists both callers and walk-ins Monday throughFriday, 8 a.m. - 5 p.m. Customer service consultants and income tax specialists are available to assist taxpayers on individual income tax matters. The walk-in assistance is located in the Sam W. Mitchell Building, 125 NorthRoberts, in Helena (just east of the State Capitol Building). The telephone number is (406) 444-6900.

Taxpayers also are invited to visit the department's local offices during normal business hours. Offices are located in Billings, Bozeman, Great Falls, Glasgow, Helena, Kalispell and Missoula. The offices stock the most commonly used statetax forms, schedules and instructions. In addition, a trained staff is available to provide general information on a variety of income tax issues.

The Montana Department of Revenue also produces a monthly newsletter, Rev-A News, for its customers, the taxpayers of the State of Montana.

Terri Schiavo Reminds Us Of Our Destiny

Where ever one stands on the Terri Schiavo issue, it reminds us all of our destiny and the importance of planning for death. See what the online Montana Code Annotated has to say about Estates, Trusts, and Fiduciary Relationships, Honorary Trusts-Trusts for Pets, cremation, coroners, testacy, etc.

In the same vein, the State Law Library of Montana provides forms for probate, power of attorney, and living wills.

Readers are reminded, however, that "The forms do not constitute legal advice. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel." and "Please remember these are sample forms. YOU MUST CHECK WITH YOUR LOCAL CLERK OF COURT FOR ANY LOCAL RULES/REQUIREMENTS."

Secure Flight Program Assessment and Problems

From the Associated Press: "The government's latest computerized airline passenger screening program doesn't adequately protect travelers' privacy, according to a congressional report that could further delay a project considered a priority after the Sept. 11, 2001, attacks."

The article refers to a new General Accountability Office (GAO) report: Aviation Security: Secure Flight Development and Testing Under Way, but Risks Should Be Managed as System Is Further Developed.

The article in today's newspaper references a 2004 law mandating a GAO assessment of 10 conditions. Public Law 108-334, the Department of Homeland Security Appropriations Act, 2005, includes the conditions that Secure Flight must meet to ensure continued funding.

An earlier article highlighted a report issued by the Department of Homeland Security Inspector General which also discusses passenger privacy issues: Review of the Transportation Security Administration’s Role in the Use and Dissemination of Airline Passenger Data.

Sources: "Report: Passenger screening doesn't pass privacy test." Missoulian March 29, 2005. A9. Associated Press article.
"TSA misled public about personal data, report says." Missoulian March 26, 2005. A8. AP article.

New State Personal Income Data

From the Bureau of Economic Analysis (BEA) press release: "Per capita income–the average income received by persons–grew 4.7 percent in 2004, more than double the 2.2 percent growth in the previous year, according to estimates released today by the U.S. Bureau of Economic Analysis. This is the fastest pace since 2000 when per capita income grew 6.8 percent. All states except South Dakota, Nebraska, and Michigan enjoyed faster growth."

For more information, view the State Per Capita Personal Income report, with tables, from the BEA. Highlights (per capita growth and personal income growth) from the report and tables in XLS format are also available.

Source: "Montanans saw incomes surge in 2004: Average personal earnings 9th fastest-growing in nation." Missoulian March 29, 2005. A1. Associated Press article.

MGM Studios v. Grokster

The MGM v. Grokster case will be heard before the U.S. Supreme Court today. Below are the documents presented in advance of oral arguments.

MGM Studios v. Grokster
Docket No. 04-480

Question presented
Motion Picture Studio and Recording Company Petitioners
Songwriter and Music Publisher Petitioners
Respondent's brief
Reply brief for Motion Picture Studio and Recording Company Petitioners
Reply brief for Songwriter and Music Publisher Petitioners

The case was previously heard before the Court of Appeals for the Ninth Circuit, and the opinion was filed August 19, 2004.

The Electronic Freedom Foundation (EFF) has gathered court documents relating to the MGM v. Grokster case (and they state their relationship to the case in the first paragraph of the linked page). FindLaw has also assembled links to court documents in this case and related cases.

Source: "A Supreme Court Showdown for File Sharing." New York Times March 28, 2005.

Average Earnings by Educational Attainment

From the Census Bureau press release: "New information from the U.S. Census Bureau reinforces the value of a college education: workers 18 and over with a bachelor’s degree earn an average of $51,206 a year, while those with a high school diploma earn $27,915. Workers with an advanced degree make an average of $74,602, and those without a high school diploma average $18,734."

The detailed tables on educational attainment and related average income are available on the Census Bureau website: Educational Attainment in the United States: 2004.

Data from earlier years are also available for review and comparison.

Source: "Black, Asian women with degrees earn more than white peers, data show." Missoulian March 28, 2005. A3. Associated Press article.

Medellin v. Dretke

From the Associated Press: "The Supreme Court is considering whether Texas and other states can execute 51 Mexicans who say they were improperly denied legal help from their consulates, a dispute testing the effect of international law in U.S. death penalty cases."

The Medellin v. Dretke case will be heard by the U.S. Supreme Court today.
Docket No. 04-5928
Questions Presented
Petitioner's brief
Respondent's brief
Petitioner's reply brief

The case was previously heard in the Court of Appeals for the 5th Circuit; the opinion in that case is available on the Appellate Court website.

The International Court of Justice also heard this case and issued a verdict on March 31, 2004.

Source: "Bush, Texas take dispute to Supreme Court." Missoulian March 28, 2005. A5. Washington Post article.
"High court considers rights of foreigners in U.S. death penalty cases." AP. March 27, 2005.

Friday Resource Round-Up

2002 Economic Census: Montana: Information
Another report in the Geographic Area Series.

2004 FDA Accomplishments
A report on the Food and Drug Administration's activities.

Analysis of the Personality of Adolph Hitler - OSS Report
The Cornell Law Library has digitized a 1943 OSS (forerunner of the CIA) psychological profile of Hitler. The document is part of Cornell's Nuremberg Trials Collection.

EPA Needs to Fulfill Its Designated Responsibilities to Ensure Effective BioWatch Program
An EPA Inspector General report describing problems and potential solutions for the BioWatch program, which is an early warning system designed to detect the release of biological agents.

Fuel Economy.gov
This site provides information fuel efficiency ratings on automobiles, information on gas prices, and a listing of the lowest gas prices in your area. AAA provides average prices by market, and MontanaGasPrices.com lists individual stations.

Information Security: Securities and Exchange Commission Needs to Address Weak Controls over Financial and Sensitive Data
A new General Accountability Office (GAO) report.

The James Madison Papers, 1723 - 1836
The Library of Congress American memory Collection is in the process of digitizing letters and manuscripts from James Madison.

Medicinal Plants
A Science Tracer Bullet bibliography from the Library of Congress.

National Endowment for the Arts 2005 Guide
An annual report about the activities of the NEA.

OECD Factbook 2005
An outstanding source for international statistics from the Organisation for Economic Co-Operation and Development (OECD).

OJJDP Annual Report, 2003–2004
The annual report of the Office of Juvenile Justice and Delinquency Prevention.

Punitive Damage Awards in Large Counties, 2001
A Bureau of Justice Statistics (BJS) report.

Social Trends 2005
An annual statistical report from the United Kingdom.

Taking Money from Children: Financial Abuse & Mismanagement in the Head Start Early Childhood Program
A report of the House Committee on Education and the Workforce Majority Staff.

Trends in Undergraduate Career Education
A new report from the National Center for Education Statistics (NCES).

New United Nations Reports:

In larger freedom: towards development, security and human rights for all

A comprehensive strategy to eliminate future sexual exploitation and abuse in United Nations peacekeeping operations

Water for Life, 2005-2015

Kyrgyzstan and Montana

From the Helena Independent Record: "The adjutant general of the Montana National Guard plans to convene a special strategic planning committee here next week to discuss Thursday's overrun of the Kyrgyzstan government and the resignation of President Askar Akayev.

"Maj. Gen. Randy Mosley will organize a team of local experts in Kyrgyz affairs who have helped Montana build a close relationship with the Central Asian country through the Partnership for Peace Program over the past eight years."

Some links providing relevant background and supplemental information follow.

Background information on Kyrgyzstan

CIA World Factbook entry on Kyrgyzstan

State Department Background Notes on Kyrgyzstan

U.S. Assistance to the Kyrgyz Republic – Fiscal Year 2004
A State Department report.

Official statements on the current situation in Kyrgyzstan

The U.S. Secretary of State's remarks on the situation in Kyrgyzstan.

Recent Organization for Security and Co-operation in Europe (OSCE) news releases on Kyrgyzstan:

OSCE Chairman's Personal Representative starts talks in Kyrgyzstan

OSCE Representative urges Kyrgyz opposition to show responsibility

OSCE calls for re-establishment of law and order in Kyrgyzstan

OSCE Chairman discusses situation in Kyrgyzstan with Russian, U.S. and German foreign ministers
Search for additional OSCE news stories on Kyrgyzstan through the OSCE News search interface.

Information on Montana's connection to Kyrgyzstan

NATO's Partnership for Peace program

The National Guard State Partnership Program

Montana Delegation to Visit Kyrgyzstan
A State of Montana press release.

Spirit of generosity: Montana nurses share modern medical techniques in former Soviet republic
A NurseWeek article about an exchange between Montana and Kyrgyzstan.

Sources: "Kyrgyzstan collapses." Helena Independent Record March 25, 2005.
"Montana National Guard leader plans strategic meeting on uprising in partnership nation." Helena Independent Record March 25, 2005.

World Tuberculosis Day March 24, 2005

From a press release from the Montana Department of Public Helath and Human Services: "While many people think of tuberculosis as a thing of the past, it's still a threat that should not be taken lightly, a state health official said Wednesday.

'Fifteen Montanans were diagnosed with TB last year, including one who died,' said Denise Ingman, manager of the tuberculosis program of the state Department of Public Health and Human Services. 'We're especially concerned that one of those cases involved a child, which means the disease was transmitted very recently. It wasn't a latent infection that only now flared up.'"

March 24th is designated World Tuberculosis Day because on this day in 1882 Dr. Robert Koch announced the discovery of the TB bacillus.

For more information about TB in Montana visit: http://www.dphhs.state.mt.us/hpsd/Communicable-disease/diseases/tb.htm

For more infromation on TB worldwide visit: http://www.stoptb.org/WTBD2005/

Trustee Reports on Social Security and Medicare

From the New York Times: "The long-term financial condition of the Social Security system deteriorated slightly over the last year, the government reported on Wednesday, and President Bush's supporters immediately said this strengthened the case for enacting a fundamental change in the program this year.

"In their annual report to Congress, the trustees of the Social Security and Medicare programs said Social Security reserves would be depleted in 2041, one year earlier than was projected last year. But the trustees emphasized, as they did last year, that Medicare's financial outlook was "much worse than Social Security's" and predicted that the monthly Medicare premiums paid by almost all Americans 65 and older would rise by 12 percent next year after a 17 percent increase this year."

The trustees' annual report on Social Security, also known as federal "Old-Age and Survivors Insurance and Disability Insurance" (OASDI), is available online: 2005 OASDI Trustees Report.

The trustees' annual report on Medicare is also available for your review: 2005 Annual Report of the Boards of Trustees of the Hospital Insurance and Supplementary Medical Insurance Trust Funds.

Sources: "Social Security spending trouble to hit in 2017, trustees now forecast." Missoulian March 24, 2005. A10. Associated Press article.
"Report Says Medicare Is in Poor Fiscal Shape." New York Times March 24, 2005.

Recent Montana Supreme Court Opinions

The full opinions on two influential cases heard by the Montana Supreme Court were released this week.

Columbia Falls Elementary School District No. 6 v. State
This is the case at the heart of the Montana "Quality Education" issue and legislation. The preliminary order was issued on November 9, 2004, and the full opinion was released on March 22, 2005.

Big Spring v. Jore
This case determined the validity of contested ballots in the race for House District 12, thereby determining the political makeup of the 2005 Montana House. The preliminary order was issued on December 28, 2004, and the full opinion was released on March 18, 2005 (and posted on March 21, 2005).

New Department of Defense Documents

The Department of Defense has released a suite of new documents this week relating to national defense policy.

The National Defense Strategy of The United States of America
A 2005 report from the Secretary of Defense regarding strategies for dealing with current and likely challenges.

The National Military Strategy of the United States of America
A 2004 report from the Joint Chiefs of Staff.

Two Years in Iraq
An assessment of events in Iraq. (Note: website includes background music.)

State of Montana 2005 Employee Profile

From the Introduction: "The Employee Profile answers the most frequently asked questions about state employees. The profile also serves to report to the Governor on the status of the Equal Employment Opportunity (EEO) program, required by Executive Order 24-81.

Chapter I contains general statistical information about state employees in Executive,
Legislative and Judicial Branches of government (see organizational charts), such as the
number of employees by agency, regular versus temporary/seasonal employees,
employee leave information and EEO status (race, sex and age) by agency.

Chapter II contains information on the Equal Employment Opportunity and Classification
and Pay Programs and includes information on employee compensation by pay plan and
EEO (occupational) category.

The Employee Profile covers the period from January 1, 2004 to December 31, 2004 for
reports showing new hires, transfers, terminations and leave taken for vacation, sick and
compensatory time. Other reports are a snapshot of the workforce as of the 2005 date on
the report. The last Employee Profile was produced March 2, 2004."

For further information, contact Linda Davis, State EEO and SABHRS HR
Program Coordinator at the Montana Department of Adminstration (406) 444-3796,
e-mail ldavis@state.mt.us

Montana Fetal, Infant and Child Mortality Review (FICMR)

From the December 2004 review: "The mission of Montana’s (FICMR) program is to reduce fetal, infant and child mortality by identifying preventable deaths through comprehensive case reviews. A child’s death is considered to be preventable if an individual or the community could reasonably have done something that would have changed the circumstances that led to the child’s death. Using this information, the FICMR programs identify and implement changes in policy, services and programs that can prevent other deaths.

To date, fifty-three counties and six tribes participate in FICMR, and conduct local level reviews on approximately 90% of Montana’s fetal, infant and child deaths.

This report summarizes the 2001-2002 local findings and presents community and state prevention actions, as well as recommendations for changes in state policy and practice that may prevent other deaths. "

For more information on this project contact Wilda McGraw, RN wmcgraw@mt.gov or reach her by phone at (406) 444-3394.

2003 Annual Survey of Local Government Finances - School Systems

From the Census Bureau press release: "Public elementary and secondary education revenues from federal, state and local sources reached $440.3 billion in the United States in 2003, up 4.9 percent from the previous year, the U.S. Census Bureau reported today. Again, the District of Columbia spent the most money per student on this level of education ($13,328) of any state or state equivalent."

View the full data on the Census website: Federal, State, and Local Governments: Public Elementary-Secondary Education Finance Data. Montana was 37th in the nation in per-pupil spending during the 2002-2003 school year, and the tables provide other information on the amount and types of spending on schools during that year.

Source: "State school funding lagging, census shows." Missoulian March 18, 2005. B2. Associated Press article.

Terri Schiavo Case

From the New York Times: "The House early Monday gave final Congressional approval to legislation that would allow a federal court to intervene in the case of Terri Schiavo, and the measure was signed quickly at the White House by President Bush, who flew back to Washington from his Texas ranch on Sunday."

Senate Bill 686 was signed into law by the President early this morning. THOMAS provides the text of the bill, links to related bills (H.Res. 182, S. 653, H.R. 1151, H.R. 1332, S. 539), text of the debates in Congress (via the Congressional Record), roll call vote results, and other related documents.

FindLaw.com has assembled an excellent page with links to digitized legal documents (court orders, executive orders, laws) relating to this case.

Sources: "Congress moves to put Schiavo case in federal courts." Missoulian March 21, 2005. Washington Post article.
"Congress Passes and Bush Signs Legislation on Schiavo Case." New York Times March 21, 2005.

Friday Resource Round-Up

2002 Economic Census: Wholesale Trade: Montana
A new Geographic Area Series report from the 2002 Economic Census.

Aerospace Forecasts FY 2005-2016
This report from the Federal Aviation Administration (FAA) estimates that by 2015 more than 1 billion people will travel by air annually.

American Indians and Crime: A BJS Statistical Profile, 1992-2002
A new report from the Bureau of Justice Statistics (BJS).

Biennial Evaluation Report to Congress on the Implementation of the State Formula Grant Program
This report from the Department of Education is an evaluation of service to and assessment standards for Limited English Proficiency students under No Child Left Behind.

Bomb Threats in Schools
A new report from the Department of Justice Office of Community Oriented Policing Services (COPS).

Judicial Business of the United States Courts, 2004
An overview of the number and types of cases handled by the federal court system in 2004.

Lessons Learned and Lives Saved: 1975-2005
To commemorate its 30th anniversary, the National Transportation Safety Board (NTSB) released this report.

Mineral Commodity Summaries
The U.S. Geological Survey (USGS) publishes this annual report on "nonfuel mineral industry data."

Performance Profiles of Major Energy Producers, 2003
The Energy Information Administration (EIA) released this annual report this week.

The Status of North Korean Asylum Seekers and U.S. Government Policy Towards Them
A new report from the State Department that fulfills requirements mandated by the North Korean Human Rights Act of 2004 (NKHRA).

Supplemental State Tables to State Library Agencies Survey: Fiscal Year 2003
The National Center for Education Statistics (NCES) has released additional tables on state library agencies.

World Oil Market and Oil Price Chronologies: 1970-2004
Chronological data from the Energy Information Administration (EIA).

Centers for Disease Control (CDC) Reports

Births, Marriages, Divorces, and Deaths: Provisional Data for September 2004

Deaths: Leading Causes for 2002

Statistical Methodology of the National Immunization Survey, 1994-2002

Use of Computerized Clinical Support Systems in Medical Settings: United States, 2001-03

Congressional Budget Office (CBO) Reports

Limiting Carbon Dioxide Emissions: Prices Versus Caps

Long-Term Budget Simulations: Fiscal Impacts of Two Different Tax Policies

Updated Estimates of Spending for the Medicare Prescription Drug Program

General Accounting Office (GAO) Reports

Aviation Security: Systematic Planning Needed to Optimize the Deployment of Checked Baggage Screening Systems

Head Start: Comprehensive Approach to Identifying and Addressing Risks Could Help Prevent Grantee Financial Management Weaknesses

Telecommunications: Concerns Regarding the Structure and FCC's Management of the E-Rate Program

Historic Water Resources Surveys Now Online

The Department of Natural Resources and Conservation (DNRC) has historic Water Resources Surveys now available online dating from the 1940's for most Montana counties.

Typically these reports come in two parts. "Part I consists of history of land and water use, irrigated lands, water rights, etc. , and Part II contains the township maps in the county showing in color the lands irrigated from each source or canal system."

More current water information is available at the Water Resources Division of DNRC.

Government Reform Committee Hearing on Steroid Use in Baseball

The House Government Reform Committee held a hearing on March 17, 2005, regarding steroid use in baseball, "Restoring Faith in America's Pastime: Evaluating Major League Baseball's Efforts to Eradicate Steroid Use." The prepared statements of the witnesses who appeared before the committee are available on the House Government Reform Committee's page for the hearing. The Minority Office for the committee (i.e., the Democrat office) has a page with links to the prepared statements, as well; however, this page lists a few additional statements not yet included on the Majority Office (or official) page for the hearing. The Minority Office includes a few additional documents on its website related to the hearing.

Sources: "McGwire, fellow sluggers disavow steroids." Missoulian March 18, 2005. A11. Associated Press article.

Sunshine Week and Open Access to Government Information

This week marks the first nationwide Sunshine Week, an initiative to raise the public's awareness of their rights to government information. Sunshine Sunday was launched in 2002 by the Florida Society of Newspaper Editors, and this year the initiative goes week-long and nationwide. Print and television reporters, political cartoonists, and editors are highlighting the kinds of information that are available in an open government and chronicling efforts to restrict access to government information.

Many Montana newspapers are participating in Sunshine Week, including the Helena Independent Record, Great Falls Tribune, Missoulian, and Billings Gazette. In addition, U.S. Senators are taking Sunshine Week as an opportunity to highlight problems with processing Freedom of Information Act (FOIA) requests (The Faster FOIA Act of 2005, Senate Bill 589).

The efforts of journalists participating in Sunshine Week strongly parallel the year-long efforts of librarians to promote freedom of information. In particular, libraries participating in the Federal Depository Library Program know and support the power of free access to government information. These libraries (8 in Montana) collect federal government information and make it available to the public free of charge. Similarly, numerous Montana libraries serve as state depository libraries and remain committed to providing easy access to Montana government information. With the rise of e-government and expansion of the internet, all libraries in Montana (and many homes) have the power to access government information at any time. For Montana, Sunshine Week is 52 weeks a year.

Amtrak Amendment Fails in U.S. Senate

From the Missoulian: "An effort in the Senate to increase federal subsidies for the beleaguered Amtrak system failed to pass Wednesday."

The results of roll call vote 51 on Senate Amendment 158, which is yet another amendment to Senate Concurrent Resolution 18, are available on the Senate website. The vote was 46-32 against the amendment "to provide adequate funding of $1.4 billion in fiscal year 2006 to preserve a national intercity passenger rail system."

Senator Baucus and Senator Burns have each released statements about their positions on Amtrak funding.

In related legislation, Senate Joint Resolution 21, which urges "support for and continued funding of Amtrak passenger rail service through Montana," passed the Montana Senate on February 21st and is under consideration in the House.

Source: "Burns, Baucus split votes on Amtrak." Missoulian March 17, 2005. A7. AP article.

National Forest System Land Management Planning Directives

From the Forest Service press release: "The U.S. Department of Agriculture Forest Service today issued the proposed administrative policy for implementing its new planning regulation, which governs the 155 national forests and 20 grasslands. The public will have 90 days to comment on the policy.

"The interim 'National Forest System Land Management Planning Directives,' a summary of which will be published in the Federal Register in the next several days, can be found in the Forest Service Manual and the Forest Service Handbook, essentially internal 'how to' guidebooks. The directives detail procedural requirements and responsibilities for forest and grassland managers to implement the new planning rule, which became effective Jan. 5."

The interim planning directives are available for review on the Forest Service website. A pre-issuance version of the Federal Register notice provides a summary of the directives and their purposes. Additional information on the January 5, 2005, rule and NFMA planning is also available. For existing directives, view the Forest Service Manual and Handbook.

Statewide Smoking Ban Moves Forward

From the Helena Independent Record: "A bill that would eventually ban smoking in most every building in Montana open to the public is bound for the House floor after being revived and passed out of committee Wednesday. The bill would prohibit smoking in all buildings open to the public starting this October, but give some bars and casinos until October, 2009 to comply." Read the full story here. The bill text can be accessed here.

Sources: "Statewide Smoking Ban Moves Forward" Helena Independent Record March 17, 2005.

Montana Legislature Bill Information http://laws.leg.state.mt.us/pls/laws05/law0203w$.startup

"NewsLinks" for News Junkies

So you are the rare bird immune to "information overload"? You just cannot seem to get enough state government information news? Well, "NewsLinks" was created with you in mind. In existence since 1999, "NewsLinks" gives you the latest in Montana state agency news via a free email subscription. It is an excellent way to receive press releases first-hand and get legislative news as the 2005 session heads for its April 26th deadline.

Arctic Wildlife Refuge Drilling

From the New York Times: "The Senate endorsed oil-drilling in the Arctic National Wildlife Refuge today, giving President Bush and others who favor exploration of the Alaska wilderness a major victory."

Senate roll call vote 52 addresses Senate Amendment 168. The amendment would strike the language from Senate Concurrent Resolution 18 regarding the Arctic National Wildlife Refuge. The Senate voted against removing the language, providing a tacit endorsement. Senator Burns voted against removing the section, and Senator Baucus voted in favor of removing the section.

Sources: "Key ANWR drilling vote set for today." Missoulian March 16, 2005. A6. Washington Post article.
"Senate Votes to Allow Drilling in Arctic Reserve." New York Times March 16, 2005.

Social Security Resolutions in the Senate

From the New York Times: "President Bush's plan to overhaul Social Security fared poorly on Tuesday in a test vote on Capitol Hill, with the Senate splitting 50 to 50 on a nonbinding measure declaring that Congress should reject any Social Security plan that would require 'deep benefit cuts or a massive increase in debt.'"

The Senate held several roll call votes relating to Social Security (in the form of amendments to Senate Concurrent Resolution 18) on Tuesday, March 15.

Roll call vote 46 on Senate Amendment 152, "To express the sense of the Senate regarding the urgent need for legislation to ensure the long-term viability of the Social Security program." - Agreed to unanimously.

Roll call vote 47 on Senate Amendment 144, "To ensure that 75-year solvency has been restored to Social Security before Congress considers new deficit-financed legislation that would increase mandatory spending or cut taxes." - Rejected 45-55.

Roll call vote 48 on Senate Amendment 150, "To express the sense of the Senate that failing to address the financial condition of Social Security will result in massive debt, deep benefit cuts and tax increases." - Agreed to 56-43.

Roll call vote 49 on Senate Amendment 145, "To express the sense of the Senate that Congress should reject any Social Security plan that requires deep benefit cuts or a massive increase in debt." - Rejected 50-50.

Senate Concurrent Resolution 18 relates to funding for changes to Social Security. The President has outlined his Social Security revision plan in the document "Strengthening Social Security for the 21st Century."

Sources: "Social Security solutions scattered." Missoulian March 16, 2005 A7. Associated Press article.
"Senate Splits in Test Vote on Social Security." New York Times March 16, 2005.

Drought Info for Montana

The current drought is making headlines in Montana. For more in-depth information on current drought conditions visit the National Weather Service Climate Prediction Center. The Natural Resources Conservation Service provides information about current snowpack and streamflows in Montana. And finally go to the National Drought Mitigation Center for comprehensive drought information.

GAO Mad Cow Disease Report

The General Accountability Office (GAO) posted a February 25, 2005, report on their website today. The report is an assessment of the "FDA's efforts since 2002 to ensure industry compliance with the feed ban and protect U.S. cattle."

Mad Cow Disease: FDA's Management of the Feed Ban Has Improved, but Oversight Weaknesses Continue to Limit Program Effectiveness.

New EPA Mercury Emissions Rule

From the EPA press release: "Acting Administrator Steve Johnson will sign today the Clean Air Mercury Rule, a rule that will significantly reduce mercury emissions from coal-fired power plants across the country. Taken together, the recently issued Clean Air Interstate Rule and the new Clean Air Mercury Rule will reduce electric utility mercury emissions by nearly 70 percent from 1999 levels when fully implemented."

To learn more, go to the EPA mercury website. The site includes the new Clean Air Mercury Rule, the Clean Air Interstate Rule (which primarily covers the eastern half of the U.S.), guiding principles, public comments, and more.

Sources: "Bush administration's pollution limits criticized." Missoulian March 15, 2005. A11. Knight Ridder article.
"Critics Say EPA Mercury Rule Rolls Back Protections." NPR Morning Edition. March 15, 2005.

Montana's January Unemployment Rate is 4.3 Percent

From Montana Department of Labor news release:

Montana’s January 2005 seasonally adjusted unemployment rate stood at 4.3 percent, basically unchanged from last month’s rate of 4.4 percent. Montana’s seasonally adjusted nonfarm wage and salary employment was down by 7,000 jobs, or 1.7 percent over-the-month to 412,400.

“Newly revised employment data shows that 2004 was a better year for Montana’s economy than originally anticipated” stated Labor Commissioner Keith Kelly.

For more information, see the Research and Analysis Bureau website: http://www.ourfactsyourfuture.org/. In addition, tables with Montana unemployment data are available on the Research and Analysis Bureau site.

Senate Identity Theft Hearing

On March 10, 2005, the Senate Committee on Banking, Housing, and Urban Affairs held a hearing on identity theft. You can read committee member and witness statements and view archived video of the proceedings on the hearing website: Identity Theft: Recent Developments Involving the Security of Sensitive Consumer Information.

Transportation Equity Act (H.R. 3)

From the Missoulian: "The House approved a mammoth highway and transit bill Thursday that aims to reduce traffic congestion nationwide and bring jobs to every lawmaker's home district."

House Bill 3, the "Transportation Equity Act: A Legacy for Users," was passed on March 10th. View the text of the bill, the House Report, and the results of the roll call vote passing the bill for additional information.

Source: "House passes $284 billion highway bill: Baucus wants to steer more funding to Montana." Missoulian March 11, 2005. A12. Associated Press article.

Government Reform Committee Hearing on Steroid Use in Major League Baseball

From the House Government Reform Committee press release: "The House Government Reform Committee today issued 11 subpoenas to compel witnesses to testify before the Committee March 17th for a hearing on the use of steroids in Major League Baseball.

"The subpoenas were issued to seven current or former major league players: Jose Canseco, Jason Giambi, Mark McGwire, Rafael Palmeiro, Curt Schilling, Sammy Sosa, and Frank Thomas."

The House Government Reform Committee website links to documents related to the upcoming hearing, which will be entitled "Restoring Faith in America's Pastime: Evaluating Major League Baseball's Efforts to Eradicate Steroid Use":

Witness Subpoenas

Letter to MLB Commissioner Bud Selig Regarding Document Subpoena

Document Subpoena

Response Letter to MLB Objections

Representative Waxman's comments on the Hearing

In his letter, Representative Waxman references a hearing held today by the House Committee on Energy and Commerce, "Steroids in Sports: Cheating the System and Gambling Your Health." The page for the hearing includes statements from expert witnesses.

Friday Resource Round-Up

2003–04 National Postsecondary Student Aid Study (NPSAS:04): Student Financial Aid Estimates for 2003-04
A new report from the National Center for Education Statistics (NCES).

2004 Domestic Airline Traffic Data
This new report from the Bureau of Transportation Statistics indicates that domestic airline traffic is up 7.2 percent from 2003.

2005 International Narcotics Control Strategy Report
A new State Department report.

AIDS in Africa: Three scenarios to 2025
A UNAIDS report projected how the AIDS epidemic in Africa could evolve.

Firm Size Data
New statistics from the Small Business Administration (SBA).

From Mayberry to Metropolis: Guantanamo Bay Transforms to Meet Needs of Detainee Mission
A Department of Defense special web report on Guantanamo Bay detainees.

The Internet and Campaign 2004
This is a non-government report by the Pew Internet and American Life Project. It discusses the impact of the internet on the 2004 campaign and election.

Census Reports

Service Annual Survey: 2003

We the People of Arab Ancestry in the United States

States and Puerto Rico Population Estimates by Age and Sex
Note: The Montana Census and Economic Information Center (CEIC) has linked directly to the Montana data.

Government Accountability Office (GAO) Reports

Clean Air Act: Observations on EPA's Cost-Benefit Analysis of Its Mercury Control Options

Hazardous Waste Sites: Improved Effectiveness of Controls at Sites Could Better Protect the Public

Homeland Security: Much Is Being Done to Protect Agriculture from a Terrorist Attack, but Important Challenges Remain

Medicaid Drug Rebate Program: Inadequate Oversight Raises Concerns about Rebates Paid to States

Social Security Hearing and GAO Testimony

From the Billings Gazette: "Social Security 'does not face an immediate crisis,' the head of the Government Accountability Office said Wednesday, but it does face a long-term financing problem 'and it would be prudent to address it sooner rather than later'."

David M. Walker, Comptroller General of the United States and head of the General Accountability Office (GAO), presented the statement "Social Security Reform: Early Action Would Be Prudent" at a House Ways and Means Committee hearing on March 9, 2005.

Source: "No Social Security crisis yet, GAO head says." Billings Gazette March 10, 2005.

Schmidt v. Cook

From the Helena Independent Record: "The Montana Supreme Court has ruled in favor of a woman who filed a discrimination complaint against operators of a Great Falls motel for allegedly offering her a maid's job if she also agreed to work as a prostitute."

View the documents in the Schmidt v. Cook case on the State Law Library website:
Appellant Brief
Opinion

Source: “Claim in prostitution case upheld.” Helena Independent Record March 10, 2005. Associated Press article.

Montana Legislation in the News

House Bill 2 General appropriations act - Out of committee (in House)
Source: "Democrats, GOP continue to spar over budget: Wazenreid uses a 'silver bullet' to get budget bill out of committee." Missoulian March 10, 2005. A2.

House Bill 124 K-12 health insurance program - In committee
Source: "Republicans try to pull school health insurance plan out of committee." Missoulian March 10, 2005. A2.

House Bill 406 Country of origin placarding - Passed 2nd reading
Source: "Country-of-origin labeling for meat, other foods receives House approval." Missoulian March 10, 2005. A2. Associated Press article.

Senate Bill 332 Tax soda pop to fund senior services and scholarships - Tabled in committee
Source: "Senate tables soda pop tax bill." Missoulian March 10, 2005. A2.

GAO Gun Control and Terrorism Report

From the New York Times: Dozens of terror suspects on federal watch lists were allowed to buy firearms legally in the United States last year, according to a Congressional investigation that points up major vulnerabilities in federal gun laws.

"People suspected of being members of a terrorist group are not automatically barred from legally buying a gun, and the investigation, conducted by the Government Accountability Office, indicated that people with clear links to terrorist groups had regularly taken advantage of this gap."

The General Accountability Office (GAO) report in question is "Gun Control and Terrorism: FBI Could Better Manage Firearm-Related Background Checks Involving Terrorist Watch List Records."

Source: "Terror Suspects Buying Firearms, Report Finds." New York Times March 8, 2005.

Final Report on Forest Service Aircraft Accident

From the Forest Service press release: "The Forest Service today released its report into the Sept. 20 crash of a Forest Service-chartered aircraft in which three people died and two survived. The agency will implement several administrative changes recommended by the accident investigation team to prevent a similar tragedy from occurring."

You can find the report on the accident on the Forest Service website.

Definition of Quality Education

From the Missoulian: "The debate over what "quality education" in Montana is and what it will cost to deliver took a step forward Tuesday night when a panel of lawmakers unanimously passed a bill defining education."

Senate Bill 152 includes the definition of education agreed to by the House Select Education Committee. The bill had previously passed the Senate on January 22, and the House will now vote on the amended bill.

Source: "Quality education bill moves forward." Missoulian March 9, 2005. A2.

Congressional Budget Office Analysis of 2006 Budget

From the Missoulian: "President Bush's budget would keep federal deficits over $200 billion annually over the next decade, Congress' top budget analyst said Friday in a report raising doubts about White House efforts to contain the shortfalls."

The Congressional Budget Office Preliminary Analysis of the President's Budget Request for 2006 is available for further information.

Source: "Analysts: President's budget would keep deficits over $200 billion for next decade." Missoulian March 5, 2005. A5. Associated Press article.

Minimum Wage Increase Amendment

From the Missoulian: "The Senate is gearing up for a vote on whether to raise the minimum wage for the first time in eight years as Democrats and Republicans offer competing proposals they want to add to bankruptcy legislation."

Senator Edward Kennedy proposed Amendment 44 to Senate Bill 256, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. The text of the amendment begins on page S1979 of the Congressional Record. Senator Rick Santorum proposed an alternate minimum wage idea on page S1981 of the Congressional Record.

At the state level, several bills to increase the minimum wage in Montana have been introduced this session. In particular, Senate Bill 78, which proposes a $6.25 minimum wage, has passed the Senate and is currently in the House Business and Labor Committee.

Source: "Senate faces multiple minimum wage plans." Missoulian March 6, 2005. A3. Associated Press article.

Libby Amendment to Senate Bill 256

From the Missoulian: "Libby residents praised a move to wring $250 million from W.R. Grace and Co., but wondered whether the amount would be sufficient to cover all the health care costs associated with the company's asbestos-polluted mine.... The company [W.R. Grace] is currently mired in bankruptcy, and on Friday Sen. Max Baucus, D-Mont., introduced legislation that would require Grace to set aside $250 million toward health care before it can emerge from bankruptcy."

Senator Baucus introduced an amendment to Senate Bill 256, the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, which proposes a health care fund for Libby residents. The text of the amendment can be found beginning on page S2049 of the Congressional Record. Senator Baucus' comments arguing in favor of the amendment begin on page S2055 of the Congressional Record.

Source: "Bill slates $250 million for Libby." Missoulian March 5, 2005. B1.

Friday Resource Round-Up

Crime and Victimization in the Three Largest Metropolitan Areas, 1980-98
A report from the Bureau of Justice Statistics focusing on New York, Chicago, and Los Angeles.

Deaths: Preliminary Data for 2003
Preliminary data from the CDC showing that life expectancy has hit an all-time high (77.6 years).

The Economic Impact of Montana Artists
A new report sponsored by the Montana Arts Council.

Facts for Features: Women's History Month
A Census compilation of data in honor of Women's History Month.

Hypothermia-Related Deaths--United States, 2003-2004
A new Morbidity and Mortality Weekly Report from the CDC.

The Politicization of the Social Security Administration
A report prepared for the House Committee on Government Reform Minority Office.

Report on Human Rights 2004
An annual report issued by the State Department.

Summary of OPI Activities - March 2005
A summary report from the Montana Office of Public Instruction (OPI).

Taxes and Entrepreneurial Activity: An Empirical Investigation Using Longitudinal Tax Return Data
A report from the Small Business Administration (SBA) showing how tax rates entrepreneurial activity (entry, exit, and duration of ventures).

U.S. vs W.R. Grace Case File
The District Court of Montana is publishing the W.R. Grace case file and providing a search interface to find case documents.

2002 Economic Census Reports

Montana: Arts, Entertainment, and Recreation (Geographic Area Series)

Montana: Educational Services (Geographic Area Series)

Industry-Product Analysis Summary: Manufacturing (Subject Series)

Industry-Product Analysis Summary: Mining (Subject Series)

GAO Reports

Adult Drug Courts: Evidence Indicates Recidivism Reductions and Mixed Results for Other Outcomes

Office of Personnel Management: Retirement Systems Modernization Program Faces Numerous Challenges

Social Security Administration: Better Planning Could Make the Ticket Program More Effective

United Nations: Sustained Oversight Is Needed for Reforms to Achieve Lasting Results

National Center for Education Statistics (NCES) Reports

Distance Education Courses for Public Elementary and Secondary School Students: 2002-03

Estimating Undergraduate Enrollment in Postsecondary Education Using National Center for Education Statistics Data

Gender Differences in Participation and Completion of Undergraduate Education and How They Have Changed Over Time

State Education Data Profiles

U.S. Senate Resolution on USDA BSE Rule

From the Billings Gazette: The Senate voted Thursday to overturn the Bush administration's decision to lift a ban that was imposed on Canadian cattle nearly two years ago because of mad cow disease.

"The White House said Bush would veto the measure if it ever reaches his desk, warning that continuing to refuse Canadian beef will damage efforts to persuade other countries to buy U.S. beef."

Senate Joint Resolution 4, "A joint resolution providing for congressional disapproval of the rule submitted by the Department of Agriculture under chapter 8 of title 5, United States Code, relating to risk zones for introduction of bovine spongiform encephalopathy," is available for viewing on THOMAS. Take a look at the text of the resolution, the results of the roll call vote, and the related House Joint Resolution 23.

Source: "Senate votes to keep Canadian cattle out of the U.S." Billings Gazette March 3, 2005.

Montana Legislation in the News

House Bill 2 General appropriations act - In committee
Source: "House panel has first shot at spending bill." Missoulian March 3, 2005. A2.

House Bill 228 Mandatory employee break time - Failed to pass House
Source: "Bill mandating employee breaks dies." Missoulian March 3, 2005. B2.

House Bill 517 Provide for issuance of a Montana distillery license - Passed 2nd reading in House
Source: "Distilleries bill passes." Billings Gazette March 3, 2005.

House Bill 693 Citizen self-defense and firearms rights - Passed 2nd reading in House
Source: "House backs expanded gun freedom legislation." Missoulian March 3, 2005. B4. Associated press article.

House Bill 729 4% tax on sale of prepared food - In committee
Source: "Opposition aired against restaurant sales tax proposal." Missoulian March 3, 2005. A2.

House Bill 740 Appropriate money for asbestos-disease related programs - In committee
Source: "Legislation proposed to fund asbestos disease programs." Missoulian March 3, 2005. A2.

House Bill 754 Require certain candidates to take a test on the constitutions of MT & US - In committee
Source: "Bill would require candidates to pass test." Missoulian March 3, 2005. B4. Associated Press article.

Senate Bill 390 Campaign reform -- clean campaign act - Passed 2nd reading in Senate
Source: "Senate approve "Clean Campaign Act." Bozeman Daily Chronicle March 3, 2005.

Senate Bill 485 Establish next-of-kin registry - Passed 2nd reading in Senate
Source: "Senate OKs measure to create statewide next-of-kin registry." Missoulian March 3, 2005. B2.

Greenspan Statements on the Federal Deficit, Social Security, and Taxes

From the New York Times: "Alan Greenspan, chairman of the Federal Reserve, warned on Wednesday that the federal budget deficits were "unsustainable," and he urged Congress to scrutinize both spending and taxes to solve the problem.

"Mr. Greenspan also warned that the deficits could be driven sharply higher by costs connected to the aging of the baby boom generation, particularly entitlement programs like Social Security and Medicare. While reiterating his support for President Bush's plan to offer private accounts as part of overhauling Social Security, Mr. Greenspan urged lawmakers to tackle the program's problems now, rather than later."

For more information, read the statement Alan Greenspan made before the House Budget Committee on March 2, 2005: PDF version; HTML version. You can also view the opening statement made by Committee Chairman Jim Nussle.

The Federal Reserve website has also posted the statement on the tax system that Greenspan presented to the President’s Advisory Panel on Federal Tax Reform today.

Sources: "Greenspan urges action on Social Security plans." Missoulian March 3, 2005. A7. Associated Press article.
"Greenspan Says Federal Budget Deficits Are 'Unsustainable'." New York Times March 3, 2005.

Temporary Injunction in BSE Case

From the Missoulian: "A federal judge ordered the U.S. northern border to remain closed to Canadian cattle imports Wednesday, after a lawyer for a livestock group said it would be "insane" to resume imports with so many unanswered questions about mad-cow disease."

Judge Richard Cebull issued a temporary injunction preventing the implementation of the USDA minimal-risk rule on Bovine Spongiform Encephalopathy (BSE). The Secretary of Agriculture issued a short statement in response to the ruling, which is available on the USDA site.

For additional information, R-CALF United Stockgrowers of America, the plaintiff, has posted numerous court documents related to the case (including several declarations in support of R-CALF's position) on their website. The USDA also has documents related to the case and explanatory material on the final rule on a BSE webpage.

Source: "Judge stays ban on Canadian cattle." Missoulian March 3, 2005. B1. Associated Press article.

NHTSA Report on Driver Cell Phone Use

From the National Highway Traffic Safety Administration (NHTSA) press release: "More motorists than ever are using cellular phones while they drive, according to the latest survey by the National Highway Traffic Safety Administration (NHTSA).

"In 2004, at any given daylight moment, an estimated 8 percent of all motorists in the U.S. , or about 1.2 million drivers, were using cellular phones (both hand-held and hands-free) while operating their vehicles. This compares to 6 percent in 2002 and 4 percent in 2000."

For more information, read the NHTSA report: Driver Cell Phone Use in 2004 — Overall Results

Source: "Report: More Americans than ever use cell phones while behind the wheel." Missoulian March 2, 2005. A3. Associated Press article.

Northwest Power and Conservation Council Analysis

From the Northwest Power and Conservation Council (NPCC) press release: "If the Bonneville Power Administration is forced to sell electricity at average wholesale market rates, as the Bush Administration proposed last month, Bonneville’s rates would jump up 65 percent and cost the region’s ratepayers about $1.3 billion, according to an analysis by the Council."

View the analysis of the NPCC for more details: Staff Discussion of the Effects of the Administration’s Budget Proposals Requiring the Bonneville Power Administration To Sell at Market Rates.

This analysis is in response to proposed changes in energy pricing that appear in President Bush's Department of Energy budget.

Source: "Analysis: Increase in rates would devastate." Missoulian March 1, 2005. A1.

Roper v. Simmons

From the AP article: "The Supreme Court ruled Tuesday that the Constitution forbids the execution of killers who were under 18 when they committed their crimes, ending a practice used in 19 states.

"The 5-4 decision throws out the death sentences of about 70 juvenile murderers and bars states from seeking to execute minors for future crimes."

The case in question is Roper v. Simmons. Read the slip opinion on the Supreme Court website (which also includes the dissenting opinion). The docket, briefs, and the transcript of the oral arguments are also available for viewing. The case was previously heard in the Supreme Court of Missouri.

Source: "High Court Ends Death Penalty for Youths." AP (via Yahoo! News). March 1, 2005.

2005 National Education Summit on High Schools

The 2005 National Education Summit on High Schools was held on February 26 and 27th. The National Governors Association met and discussed challenges relating to high school education and issued several reports and action items. For more information, visit the summit website or the National Governors Association page on the summit, both of which include links to relevant reports.

Secretary of Education Margaret Spellings also spoke at the conference, and the text of her remarks is available on the Department of Education website.

Source: "Governors launch effort to improve high schools." Missoulian February 27, 2005. A7. Associated Press article.