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Justice

South Dakota Pays For Lawmakers’ ALEC Membership

By Rebecca Leber on Apr 24, 2013 at 5:30 pm

South Dakota will now subsidize a hundred lawmakers’ memberships to the American Legislative Exchange Council, a conservative corporate front group, after a vote Tuesday by the Republican-controlled Legislature Executive Board. Lawmakers will also continue to receive perks like unlimited travel to out-of-state ALEC meetings.

Aberdeen News reports that these two-year memberships will cost $100 apiece, and so far since July 1, lawmakers took 25 trips at a cost of over $31,000. During South Dakota’s peak year of subsidized travel to ALEC events, 71 legislators took 171 trips for a cost of $200,000.

But South Dakota’s relationship with ALEC goes in both directions. Lawmakers in South Dakota and other states have been on the receiving end of over $4 million in “scholarships” to conferences, according to a Center for Media and Democracy report.

In return, ALEC’s imprint can be found in state law. South Dakota ranks among two dozen states that have some form of the so-called “Stand Your Ground” law, a policy pushed by ALEC’s now-defunct Public Safety and Elections task force, which authorizes the use of deadly force in the face of a perceived threat. The states with Stand Your Ground have seen, on average, an 8 percent increase in homicides without deterring robbery or assault.

In addition to gun violence, South Dakota has also passed ALEC-like resolutions to teach climate change denier arguments in schools, based on the “Environmental Literacy Improvement Act.”

Across the country, ALEC’s corporate and polluter interests have become state law in the form of voter suppression efforts, lowering corporate tax rates, and enacting so-called “right to work” laws.

Iowa also subsidizes lawmakers’ ALEC membership, where lawmakers have advanced so-called “right to work” measures and “ag gag” bills that undermine food safety.

While states continue subsidize ALEC, schools, infrastructure spending, and social services have all faced budget cuts.

Climate Progress

Breaking: North Carolina ALEC-Modeled Bill To Repeal Clean Energy Standard Fails In Committee

By Ryan Koronowski on Apr 24, 2013 at 3:42 pm

North Carolina’s renewable energy industry is safe from legislative threats, for now. Republicans and Democrats in the sponsor’s own committee voted down his bill that would have repealed the state’s clean energy standard. This bill mimicked “model legislation” from the American Legislative Exchange Council (ALEC).

WRAL NC Capitol reports:

[Bill sponsor] Rep. Mike Hager, R-Rutherford, had pulled House Bill 298 from the House Committee on Environment, where it faced questionable support, to put it in front of the House Committee on Public Utilities and Energy, which he chairs, in hopes of keeping the legislation moving forward.

Instead, an 18-13 vote killed the bill, with powerful Republican Reps. Tim Moore, Ruth Samuelson, Nelson Dollar and others joining Democrats in opposing the measure.

Rep. Hager used to work for Duke Energy, and is a member of ALEC, a right-wing state legislation factory that has received funding from the Koch brothers and the Heartland Institute. The Kochs also donated to the John Locke Foundation, founded by Art Pope. Pope, not a fan of renewable energy, was very active in the 2010 state elections, spending $2.2 million to elect a Tea Party-fueled GOP takeover of the state legislature.

Passed in 2007 with bipartisan support, the state’s renewable energy standard required utilities to use increasing amounts of renewable energy. The clean energy industry has since created thousands of North Carolina jobs and pumped billions into the economy. North Carolina was the first state in the Southeast to achieve a renewable energy standard. It is not just solar panel and wind turbines that support the bill. Prestige Farms is a turkey and pork processor, and opposed Hager’s bill because it would jeopardize the construction of a waste-to-energy plant in eastern North Carolina.

Hager’s own committee did reject his bill 18-13, yet the bill is technically still alive. Hager could try to make changes to the bill to revive it, though those changes would have to be significant.

Below the fold is an infographic on the renewable energy industry in North Carolina, which explains why the RES is so important:

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Economy

Kansas Bans Communities From Making Contractors Pay Prevailing Wages On Public Projects

By Andrea Peterson on Apr 18, 2013 at 12:00 pm

On Tuesday, Kansas Governor Sam Brownback (R) signed a law aimed at prohibiting local governments from requiring contractors to pay prevailing wages on public works projects:

“HB 2069 prohibits cities, counties, and local government units from using ordinances, resolutions, or law to require private employers to provide leave, benefits and higher compensation.”

Prevailing wage and living wage policies require employers receiving public funds to pay workers wages in line with the cost of living or industry standards of the community. Kansas’ new law prohibiting these measures will go into affect on July 1, and it leaves state and federal prevailing wage requirements in place, although Kansas repealed its state prevailing wage law in 1987. Two counties, Sedgwick and Wyandotte, will have their local prevailing wage laws currently on the books overturned.

Working Kansas Alliance, a labor coalition, claims that Crossland Construction, a Columbus, Kansas-based contractor, has ties to the push to end local prevailing wage laws in the state. The group claims Crossland has received close to $200 million in government contracts in the last 10 years. According to Followthemoney.org, Crossland Construction has contributed heavily to Kansas Republican candidates and the state party over the past decade.

The law is also similar to prevailing wage repeal proposals that have been tied to the controversial business-front group the American Legislative Exchange Council (ALEC). Since 2011, 105 bills “aimed to repeal or weaken core wage standards at the local level” have been introduced in 31 state legislatures, and of those 67 were “directly sponsored or co-sponsored by ALEC-affiliated legislators.” A model of the ALEC repeal proposal is available on its website. Other states, including neighboring Missouri, have also seen attempts to overturn prevailing wage laws part of larger efforts to undermine labor rights.

Economy

ALEC-Orchestrated Bill In Florida Would Block Cities From Making Paid Sick Leave Laws

By Annie-Rose Strasser on Apr 3, 2013 at 2:30 pm

Florida’s House of Representatives is pushing forward a bill that would prevent any municipality in the state from adopting its own paid sick leave policy.

The state’s House Majority Leader Steve Precourt (R) says the move is necessary as “momentum for those things” is “building.” And he should know — Precourt represents Orlando, FL, where the county council knocked a paid sick leave initiative off the ballot in the final hours before the deadline. That effort was expected to make it onto the 2014 ballot but, if Precourt’s bill passes first, it will be forever banned.

Efforts to stop paid sick leave legislation are collectively referred to as preemption bills. They are orchestrated by the American Legislative Exchange Council, ALEC, a right-wing group trying to coordinate conservative laws across states. Most infamously, ALEC was responsible for ‘Stand Your Ground’ laws. To put it mildly, Majority Leader Precourt is an active member:

Precourt’s proposal actually goes further than Wisconsin’s bill by incorporating ALEC model legislation that would preempt local living wage requirements as well. (ALEC’s slate of bills promoting a race to the bottom in wages and working conditions for America’s workforce was recently detailed in a report by the National Employment Law Project.)

Precourt attended the 2011 ALEC meeting where legislators were handed complete copies of Wisconsin’s 2011 Senate Bill 23. He reported receiving $487.38 from the corporate-funded “scholarship fund” to attend the 2011 ALEC meeting.[...]

Also at that 2011 ALEC meeting, Precourt and sixteen other Florida legislators attended a “State Night” dinner at Antoine’s Restaurant, where lawmakers sat down with corporate lobbyists for meals that averaged around $120. But Florida legislators were not asked to pay a dime for their expensive night out: their tab was picked up by the corporate-funded ALEC “scholarship fund.”

The paid sick leave initiative in Precourt’s home county had garnered 50,000 signatures before business interests colluded with a seven-person council to slow the effort to a halt.

Big businesses oppose the law because they see it as an unnecessary financial burden — similarly, Precourt criticized paid sick leave as “injecting more and more [economic] uncertainty.” That criticism is unfounded and thoroughly debunked; sick leave is actually good for economic interests, not to mention simply humane.

Health

How ALEC Has Undermined Food Safety By Pushing ‘Ag Gag’ Laws Across The Country

By Katie Valentine on Mar 19, 2013 at 5:23 pm

Butterball was the subject of an undercover animal abuse video last year.

Two more states are considering bills that would prevent whistleblowers from exposing cruel or unsafe practices in factory farms, joining five other states with similar “ag gag” bills. If passed, the pending legislation in Tennessee and California would require that evidence of animal abuse be turned over to law enforcement authorities within 24 to 48 hours.

Such bills are touted — and, in some cases, sponsored — by agriculture industry officials as a lawful attempt to stop animal cruelty in farming operations. But they actually undermine advocates’ work to develop animal cruelty or food safety cases against the agricultural industry.

And it turns out the real basis for the bills has its origins in the American Legislative Exchange Council, a conservative think tank that has been behind such legislative pushes as “stand your ground” gun laws, voter ID laws and laws mandating states teach climate change denial in schools. Several of the lawmakers who are pushing ag gag laws have agriculture industry ties and ties to ALEC — nearly one in four Iowa lawmakers who voted for Iowa’s ag gag law, for example, are members of ALEC.

In 2002, ALEC introduced a piece of mock legislation titled the Animal and Ecological Terrorism Act, which labels people who interfere with any animal operations “terrorists” and made it illegal for anyone to enter “an animal or research facility to take pictures by photograph, video camera, or other means with the intent to commit criminal activities or defame the facility or its owner.” ALEC began pushing the legislation in 2004, and several of the bills currently being considered borrow language from AETA — Indiana’s bill aims to keep farming operations “free from the threat of terrorism and interference from unauthorized third persons,” for instance. And ALEC continues to support these bills, as an ALEC spokesman told the AP:

“At the end of the day it’s about personal property rights or the individual right to privacy,” said spokesman Bill Meierling. “You wouldn’t want me coming into your home with a hidden camera.“

In fact, these proposed laws aren’t about personal property or privacy rights: they’re about consumers’ rights to know where their food comes from versus the agriculture industry’s desire to protect itself from negative press. Undercover videos have played a key role in exposing cruelty in some of the nation’s most well-known agriculture companies, and videos of sows crammed in gestation crates helped garner enough public outcry that McDonald’s announced it would phase-out gestation crates from its supply chain. But ag gag laws that require videos and photos to be immediately turned over to law enforcement, instead of delivered to the press, makes it doubtful that the public — the people who are consuming the meat, eggs and milk from these factory farms — will ever see them.

Six states already have ag gag laws on the books, and these laws have led to a chilling effect on advocacy groups’ investigations. If these new bills are passed, they would further close off the agriculture industry from the public eye — and we’ll have ALEC to partially thank for that.

Justice

Republican National Committee Plan: More Money In Politics, More Influence For Rich People

By Josh Israel on Mar 18, 2013 at 12:40 pm

The Republican National Committee’s investigation into its 2012 electoral defeat, dubbed their “Growth & Opportunity Project,” aims to provide a blueprint for how to “grow the Party and improve Republican campaigns.” Among their top proposals for how the GOP can win: dismantling the nation’s already weak campaign finance laws to allow rich people even more influence over politics and politicians.

Though the report’s minority outreach section notes that the GOP must show that it is “not just the party for those at the top of the economic ladder,” the campaign finance “reforms” embraced by its authors would give the wealthiest Americans even more say in the political system than they already have. And while the report tries to spin these changes in Orwellian terms like “restoring the free speech rights of the political parties and candidates,” it candidly admits that the proposed deregulation would “help the RNC return to its rightful position as the national Party leader” and aid in electing more Republicans.

Among the proposals are a repeal of McCain-Feingold “soft money” ban, an increase in how much each campaign may receive from rich donors, a repeal of the limits on how much rich individuals make in total contributions to candidates in each campaign, the elimination of the public financing system for the presidential campaigns and party conventions, and decimation of state and local campaign finance limits and laws, allowing rich individuals and corporations to exert as much influence on political decision-making as they can afford.

It encourages a nationwide assault of state and local laws by creating “model legislation” to “improve state campaign finance laws.” The report proposes coordinating with the corporate-backed ALEC, the group behind model bills to suppress voting and to encourage people like Trayvon Martin’s killer George Zimmerman to shoot first and ask questions later.

And if the states and local governments reject the corporate assault on their political system, the report suggests, the RNC should just turn to the GOP-controlled federal courts:

Where legislation cannot be adopted, litigation should be considered to lessen the burden on the parties’ ability to support their candidates. Where partisan obstruction or other obstacles stand in the way of common-sense improvements to a state’s campaign finance system, litigation may be necessary, particularly where there are constitutional concerns.

The report further argues the country should “increase contribution limits for federal campaigns,” because “in the age of SuperPACs and other such organizations, the contribution limits to federal candidates must be increased so candidates have more control of the message and voters have a better understanding of the viewpoints of candidates rather than of third-party groups.” But even the Supreme Court’s 5-4 Citizens United ruling noted that unlimited spending by outside groups was different from unlimited contributions to political candidates because “by definition, an independent expenditure is political speech presented to the electorate that is not coordinated with a candidate.” This plan would cut the middle-man and allow rich people to buy even more influence and access directly from candidates and elected officials.

Economy

How ALEC Legislators Are Fueling Efforts To Block Paid Sick Leave And Other Pro-Worker Policies

By Rachel Curley, Guest Blogger on Mar 13, 2013 at 3:45 pm

Our guest blogger is Rachel Curley, an intern at the Center for American Progress Action Fund.

The American Legislative Exchange Council (ALEC), which has been described as a “collaboration between multinational corporations and conservative state legislators”, is waging a campaign against workers, especially those in minimum wage jobs with few to no benefits.

The National Employment Law Project (NELP) recently released a report that tracks “the concrete legislative campaign that ALEC has conducted over the past two years to translate economic ideology into law.” Since 2011, 105 bills “aimed to repeal or weaken core wage standards at the local level” have been introduced in 31 state legislatures, and of those 105 bills, 67 were “directly sponsored or co-sponsored by ALEC-affiliated legislators,” according to NELP. Already, eleven of the 67 bills sponsored by ALEC members have been signed into law.

The report released by NELP highlights three types of bills introduced in state legislatures that reflect “model” legislation already written by ALEC. The report focuses on living wage and prevailing wage repeal and preemption bills, but it also points to other bills designed to repeal, suspend, and weaken state minimum wage laws, as well as ones that weaken overtime compensation policies.

The first one of these preemption bills surfaced in Wisconsin in 2011. The bill targeted a 2008 Milwaukee ballot measure passed with 69 percent of the vote that required city businesses to provide paid sick leave to workers. In response, the Wisconsin legislature passed a law directly nullifying the paid sick leave ordinance. Judge Thomas Cooper of the Milwaukee County Circuit Court upheld the state law, noting that the Wisconsin legislature had “put a bull’s eye on paid sick days” and that the state was completely within its right to void the Milwaukee ordinance.

One sponsor of the bill in Wisconsin was state Sen. Glenn Grothman, a confirmed ALEC member. He previously supported Gov. Scott Walker in repealing the state’s equal pay law by claiming that “money is more important to men” and that “to attribute everything to so-called bias in the workplace is just not true.”

The strategy of ALEC-affiliated legislators, according to NELP, is to repeal current living wage policies or to preempt city and local governments from “establishing a living wage or prevailing wage policy in the first place.” Living wage and prevailing wage policies require employers who receive local government funds to pay their workers according to the cost of living in the area or industry standards for the region.

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Climate Progress

State Efforts To ‘Reclaim’ Our Public Lands Traced To Koch-Fueled ALEC

By Public Lands Team on Mar 11, 2013 at 12:33 pm

By Jessica Goad and Tom Kenworthy via CAP

Despite the many problems that states and municipalities face today—from budget shortfalls to unemployment—seven western states have decided to embark on unconstitutional and quixotic battles attempting to force the federal government to turn millions of acres of public lands over to the states. Doing so, however, would result in the eventual exploitation for private profits of these beautiful parks, refuges, forests, and other lands because the leaders driving such efforts would prefer to see quick economic gains from resource extraction rather than prioritizing these areas’ more sustainable economic uses such as recreation.

Rather than being managed so that all Americans can enjoy them, turning our public lands over to states would result in their management on the whims of governors and state legislatures, who in the West are often quite conservative and tend to ideologically favor limited regulation and private profits. According to one state lands commissioner, these bills would be “catastrophic” to the public lands that Americans know and love.

Clashes between states and the federal government over their respective authorities have long been a regular feature of our politics, especially when it comes to issues regarding control over federal public lands in the West. More than 700 million acres of federal public lands, including national parks, national forests, and national monuments, belong to all Americans, and are tremendous economic generators—the Department of the Interior stimulated $385 billion in economic development and more than 2 million jobs in 2011 alone. At times, conflicts over ownership of the federally managed parks, forests, refuges, and other properties have grown into a regional cause in the West, as they did during the “Sagebrush Rebellion,” a political movement demanding the turnover of federal lands to the states that arose in the 1970s but eventually fizzled out in the late 1980s.

We are now seeing yet another iteration of that hardy but misguided western impulse. These state legislative efforts are nothing more than corporate-backed messaging tools that can be traced to conservative front groups such as the American Legislative Exchange Council, or ALEC, and Americans for Prosperity, as we discuss further below. The proposals run directly contrary to abundant evidence that Americans and westerners support federal management of their public lands and value the economic benefits those lands provide, especially when they are protected from mining and drilling and are used instead for recreation and other more sustainable purposes.

In the past year, legislatures in seven western states — Utah, Arizona, Wyoming, New Mexico, Colorado, Nevada, and Idaho — have passed, introduced, or explored legislation demanding that the federal government turn over millions of acres of federal public lands to the states. If successful, these bills could be disastrous: Rather than being managed for the benefit and use of the American public, these lands will instead be managed in whatever way each state wants to use them—which generally means maximizing private profits through mining, drilling, and other resource extraction.

These lawmakers are waging a losing battle that amounts to little more than political grandstanding to rally their extreme conservative base and feed an antigovernment narrative. Such bills contradict the majority of public opinion in these states, as well as economic realities and constitutional precedent dating back to the mid-19th century.

ALEC and Americans for Prosperity have been fanning the fire under these efforts to “reclaim” federal public lands. ALEC is a conservative corporate front group funded by fossil-fuel interests such as the Koch brothers and ExxonMobil that develops model legislation for state legislators to introduce in their legislatures, and it has endorsed many of the bills turning public lands over to the states. As the Associated Press reported, “Lawmakers in Utah and Arizona have said the legislation is endorsed by the American Legislative Exchange Council, a group that advocates conservative ideals, and they expect it to eventually be introduced in other Western states.”

That should come as little surprise, considering that one of ALEC’s “model bills” — those that it drafts and develops to shop to various state legislators — is the “Sagebrush Rebellion Act,” which was “designed to establish a mechanism for the transfer of ownership of” non-state lands “from the federal government to the states.”

Further evidence that ALEC is the puppet master behind these performances: Utah State Rep. Ken Ivory (R), who is leading the charge for states to “take back” public lands through his “American Lands Council,” has been presenting the idea of turning federal land over to the states at ALEC conferences such as the one in Salt Lake City last summer. Additionally, Rep. Ivory has been promoting this idea to various state legislatures — he spoke, for example, with Wyoming’s Joint Minerals, Business and Economic Development Interim Committee in October 2012.

Proponents of these bills claim that the states do not receive tax revenue from federal lands and argue that the proceeds from turning the land over to the states to then be further developed can help fund essential state services such as education. They also argue that the federal government promised to turn public lands over to the states at the establishment of their statehoods more than 100 years ago.

This issue brief provides an overview of each state’s attempt to force the turnover of public lands, and then describes why this is not only bad policy that is not in accordance with what westerners actually believe, but is also unconstitutional based on numerous Supreme Court decisions.

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Climate Progress

The Loophole That’s Letting Conservatives Manipulate Renewable Energy Standards

By Climate Guest Blogger on Mar 4, 2013 at 12:30 pm

By Tiffany Germain and Matt Kasper

As the Heartland Institute and the American Legislative Exchange Council, or ALEC, continue to target states’ renewable energy standard (RES) with their model legislation — the Electricity Freedom Act — conservative lawmakers are using other unethical tactics to weaken or repeal standards.

Currently, at least five states — Connecticut, Missouri, Montana, Oregon, and Washington — have introduced legislation that would include hydropower as part of the calculation utility companies use to comply with state RES standards. Many laws already allow small hydropower facilities to be counted. But alterations allowing the inclusion of larger or already existing hydropower generating facilities essentially lowers a state’s renewable energy target — allowing utility companies to avoid investing in new wind or solar facilities, or having to buy renewable energy credits from other companies with those facilities.

Including hydropower in renewable energy standards should not be detrimental to new renewable energy projects. When produced responsibly, hydropower benefits local communities by creating jobs and is an essential part of the solution to climate change. In fact, it is the leading renewable energy source used by utilities in the United States.

However, conservative state lawmakers are not interested in developing hydropower. Their goal is only to repeal the state renewable energy standards by any means necessary. If lawmakers were truly concerned about increasing hydropower in their state, then they should add hydropower as an eligible technology and increase the percentage of the renewable energy standard by the comparable amount.

Yet bills like SB 31 in Montana, sponsored by state senator Debby Barrett, would wipe the renewable energy standard out entirely by including existing hydropower facilities. According to the Independent Record, Montana has seen more than $1.6 billion of capital investment in renewable energy, the creation of 1,500 high-paying construction jobs, 100 permanent jobs, and 650 megawatts of newly installed renewable energy since the creation of their RES. This legislation passed the state Senate 32-18 on January 31, and has been transferred to the Republican controlled House where it is expected to pass. A similar bill was vetoed last year by former Governor Schweitzer. It is unclear if current Democratic Governor Steve Bullock would do the same.

The purpose of renewable energy standards is to encourage new renewable energy development in states. Washington state lawmakers understood that when the Energy Independence Act was passed in 2006, establishing a 15 percent standard by 2020. Since the state already receives the bulk of its power from hydroelectricity — currently 66 percent of total generation — the law sought to diversify Washington’s energy portfolio. SB 5431 not only weakens the standard, but also harms the businesses that made investments in renewable energy projects, believing the law would provide reassurance for investing.

In fact, capital investments to date in Washington’s wind, solar, geothermal, and biomass exceeded $7.9 billion, according to data released this month by the Renewable Northwest Project. With stable policies in place, the renewable energy industry can continue to develop and create local manufacturing jobs. But if policies such as state renewable energy standards are weakened or repealed, then the future of renewable industry businesses and capital investments in the state are at risk.

Business leaders throughout the nation have come out in support of renewable energy standards. Julie Gorte, Senior Vice President for Sustainable Investing at Pax World Investments, wrote in the Denver Post:

In every sector, investors and businesses look for policies that are long-term, that provide a strong signal to invest and that don’t generate uncertainty by changing frequently. In other words, investors prefer policies that are long, loud and clear… Other groups are trying to paint renewable energy policies as anti-business. Our firm manages more than $2 billion in assets, and that’s not what I hear from executives at the companies we invest in. Instead, they are finding opportunities in renewable energy, not burdens.

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Climate Progress

Kansas Lawmaker With Ties to Oil and Gas Industry Introduces Bill Opposing Sustainable Development

By Andrea Peterson on Feb 20, 2013 at 11:39 am

Kansas State Rep. Dennis Hedke

Yet another thing the matter with Kansas: A legislator on the committee that recently introduced legislation that would force teachers to misinform students about the science of climate change has introduced a bill to prohibit use of public funds to promote sustainable development.

Amazingly, he claims to be unable to see how his ties to the oil and gas industry could present a conflict of interest, as the Topeka Capitol Journal reports:

Rep. Dennis Hedke, a Republican, brought the bill to the House Energy and Environment Committee of which he is chairman. He said Tuesday he saw no conflict of interest in the fact that he is a contract geophysicist whose client list includes 30 regional oil and gas companies.

“I can’t see why,” Hedke said. “I didn’t think about that. It really never crossed my mind. I’d probably just say no.”

The bill, HB 2366, prohibits public funds from being used “either directly or indirectly, to promote, support, mandate, require, order, incentivize, advocate, plan for, participate in or implement sustainable development” which it defines as “a mode of human development in which resource use aims to meet human needs while preserving the environment so that these needs can be met not only in the present, but also for generations to come, but not to include the idea, principle or practice of conservation or conservationism.”

According to Kansas Sierra Club spokesman Zack Pistora, the bill appears to be an extension of an anti-U.N. resolution driven by Agenda 21 conspiracy theories proposed by Rep. Hedke last year that was linked to the American Legislative Exchange Council (ALEC) and Americans for Prosperity(AFP) — both of which reportedly have funding ties to Kansas the oil and gas billionaires, the Koch brothers.

The House Energy and Environment Committee of which Rep. Hedke is chairman will also be hearing a proposal to roll back Kansas’s renewable energy standards this week, despite their success at attracting new jobs and wind projects to the state. Both the proposal to roll back renewable energy standards and the bill that would force teachers to mislead students about the facts surrounding climate science also appear to have originated from ALEC.

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