Immigration

Doc’s Leaked by The Guardian and Visa Quits ALEC As Members Meet in DC

Doc’s Leaked by The Guardian and Visa Quits ALEC As Members Meet in DC

by Bob Sloan

Lots of reassuring news for those pursuing transparency in legislation AND the American Legislative Exchange Council (ALEC) this week.  As ALEC met in DC this past week for their annual States and Nation Policy Summit, the Guardian released a scathing expose on that organization, using more leaked ALEC documents.  In addition VISA announced they were quitting ALEC…after Visa’s Vice President of State Relations, Paul Russinoff, received ALEC’s “Private Sector Member of the Year” award in 2012.

Documents acquired and made public by the Guardian in the ALEC article; “ALEC facing funding crisis from donor exodus in wake of Trayvon Martin row” revealed just how badly publicity and activism has hurt ALEC over the past three years since the Center for Media and Democracy first released all of ALEC’s model legislation and other documents on July 13, 2011.  At every ALEC meeting, “Summit” and conference since then, protesters have demonstrated and others have provided public teach-ins or community action seminars to inform the public about ALEC and their activities.

DC 12-13 protest

Last week the ALEC Summit in DC was also protested by activists and informed citizens working to abolish ALEC and stop their interference with writing and proposing state laws designed to enrich corporations and their elite owners. Union workers, food service workers, teachers and postal workers showed up Thursday and marched from Franklin Park to the Hyatt in Northwest DC where ALEC’s meeting was taking place.

While working Americans marched in the streets of DC, Keynote GOP speakers such as Ted Cruz and Indiana Governor Mike Pence took to the stage at the ALEC convention, applauding ALEC and their efforts of lowering taxes for the rich, privatizing education and making private scholastic corporations unbelievably rich…for holding down wages for working Americans to further enrich the 1%.  Cruz actually advised ALEC to “Stand Your Ground” (@4:12) in the face of the increasing pressure to abolish them.

As usual, ALEC refused entry to legitimate media; reporters, journalists and refused to allow any cameras or video equipment or crews into the hotel during their “Summit”.

Labor representatives were ejected when they attempted to get legislators attending the conference to sign a pledge to put the needs of their constituents first.  John Williams, Head of the Washington DC Central Labor Council, was thrown out of the Hyatt lobby when he tried to get legislators to sign what he called a “Rights Priority Pledge.” “Nobody wanted to sign the pledge because they said it did not apply to them,” he said.

Washington Post reporter, Dana Milbank was excited to be attending an ALEC meeting last week, anticipating learning about the initiatives presented by ALEC that would be discussed in task force meetings and working groups…

I descended the escalators at the Grand Hyatt downtown, two floors below street level, excited by the possibilities listed on the ALEC agenda: “The environment and energy task force, led by private-sector American Electric Power. The tax and fiscal policy task force, headed by Altria. The international relations task force, run by Philip Morris. The commerce and insurance task force, by State Farm. And the health and human services task force, by Guarantee Trust Life Insurance.

DC 12-13 protest 2However, like journalists and reporters from as far away as Toronto previously discovered, entrance to an ALEC function was not possible unless reporting for a “friendly” Right Wing outlet – as reported by CMD:

Select media have been allowed to hear keynote addresses from politicians and to attend “workshops,” but ALEC has denied press credentials to news outlets including Al Jazeera, The Nation, and Think Progress. Hotel security has even accosted and questioned credentialed press speaking to other reporters without credentials or interviewing protestors, such as the Toronto Star and the Arizona Republic.

Like dozens of other credentialed journalists over the past three years, Mr. Milbank was refused entry to any of the functions – except a luncheon…which ALEC’s security advised he could attend only if he did not record it:

Alas, I was quickly regurgitated from the belly of the beast. Outside the meeting rooms, a D.C. police officer, stationed to keep out the riffraff, turned me away. “Our business meetings are not open, and so the subcommittee meetings and task force meetings are not open,” explained Bill Meierling, an ALEC spokesman. I could wait a few hours and then attend a luncheon and some workshops, as long as I promised not to record them.”

ALEC has promised critics that they will provide “transparency” about their activities, lobbying, model bills and about legislative actions taken at their 3 annual events.  But to date, the organization has worked overtime to bury any semblance of transparency behind a facade built upon new layers of secrecy.  They have gone so far as to now claim that any communications between ALEC and state lawmakers is privileged and thus exempt from disclosure through responses to FOIA requests.

An even darker development is a draft agreement prepared for the Summit proposing that Alec’s chairs in each of the 50 states, who are drawn from senior legislators, should be required to put the interests of ALEC first before the interests of their constituents, thus setting up a possible conflict of interest with the voters who elected them.

Under multiple IRS complaints by whisteleblowers claiming ALEC has been abusing, misusing or hiding their lobbying activities and expenditures as a 501 (c)(3) tax exempt “charity”, ALEC has offered up a new program designed to circumvent such IRS tax prohibitions and restrictions: “The Jeffersonian Project” (@pg. 15) which will be a 501 (c)(4) with much more lenience in performing lobbying activities.  A Memorandum (provided below) from ALEC’s counsel, Alan P. Dye admits that activities performed heretofore by ALEC could indeed be considered “lobbying” by IRS definitions – as could activities of this “Jeffersonian Project”.  It also advises that “it is possible that at some point the IRS will audit ALEC”…

Jeffersonian project

 

Jeffersonian project 2

document obtained from Guardian document trove

In concert with ALEC’s 40th States and Nation meeting last week, dozens of news articles, blog posts and reports have hit the media.  Each reporting on one or more of ALEC’s initiatives relating to; voter ID, voter suppression, environmental deregulation, criminal justice, immigration, healthcare, worker’s rights, wages, anti-union and similar “model legislation” efforts.  Each of these are/were critical of ALEC efforts and written to inform and warn voters about upcoming legislation proposed and now being pushed by ALEC nationwide.  Below examples of some of the articles about ALEC this week and a video of the DC protest march against ALEC and corporate greed:

Daily Kos: ALEC’s trouble continues as Visa leaves

http://www.charlotteobserver.com/2013/12/07/4523002/alec-documents-show-strong-ties.html#.UqN94vRO58E

http://www.counterpunch.org/2013/12/06/stink-tanks/

http://www.theguardian.com/world/2013/dec/03/alec-funding-crisis-big-donors-trayvon-martin?CMP=twt_fd&CMP=SOCxx2I2

http://www.dcmediagroup.us/2013/12/05/corporate-interests-come-first-alec-convention/

U.S. Republicans shift health care fight to state level – The Globe and Mail

Conservative Group ALEC in 1985: S&M Accidents Cause 10 Percent of San Francisco’s Homicides | Mother Jones

Your daily jolt: 38 percent of state lawmakers are ALEC members | Political Insider | www.ajc.com

Senator, farmer, rabbi speak on climate change | CJOnline.com

ALEC Opposed Divestment From South Africa’s Apartheid Regime | The Nation

Don’t Fund Evil: 230,000+ Americans Tell Google To Quit ALEC

ALEC calls for penalties on ‘freerider’ homeowners in assault on clean energy | World news | theguardian.com

State conservative groups plan US-wide assault on education, health and tax | World news | theguardian.com

https://www.youtube.com/watch?v=6sHiDahO16I&feature=c4-overview&list=UU_tkppmH9q7WYNKtnMQOJLQ

This mass reporting about ALEC is a welcome development.  As recent as 2010 few were aware of ALEC and any media reference to their activities were usually found only in articles written and published by Conservative leaning outlets – and were published to applaud ALEC’s work to that faction.

Late last month it was an expose by CMD linking the State Policy Network (SPN) and their dozens of affiliates to ALEC and their cabal funded by the likes of the Koch brothers that helped many understand precisely how dangerous this huge cabal has become to our democracy.  Through these organizations with members and acolytes throughout our U.S. Congress, state legislatures and former ALEC members holding key positions within many state and federal agencies this minority made up of Conservatives and ultra-Conservatives have been able to obstruct our entire government and defeat the will of the majority of Americans.  They have become so powerful and influential over the past 4 decades that today ALEC has dozens of foreign elected officials on their membership roles…foreign conservatives who come here on travel paid for by ALEC to help them and the SPN/Koch cabal set policies for Americans to live and abide by.

VLTP applauds the work of CMD, PFAW, ProgressNow, Color of Change, Common Cause, the AFL-CIO, American Postal Worker’s Union, Daily Kos Bloggers and the other organizations that have joined forces to keep exposing ALEC, the SPN and all of Koch’s cabal for their lack of transparency and pursuit of anti-democratic activities.  Through the work of these dedicated groups, organizations and individuals our democratic heritage and rights are beginning to win out.  Hopefully through these efforts ALEC will soon become a thing of the past – as will corporate corruption and control of our elected officials.

 

May 31-June 7: Weekly ALEC/Koch Review of Articles and Material

May 31-June 7: Weekly ALEC/Koch Review of Articles and Material

By Bob Sloan

Lots of material and topics involving Koch brothers and their ALEC funded organization this week; education, environment, telecommunications, worker rights (paid sick leave).

Grab a cold one, sit back and spend a few minutes catching up on relevant news related to the “Cabal”…

Click on headline to read the full articles or review linked documents.

My view: ALEC coverage a disservice to Utah

The future is bright for many Utahns. So bright, in fact, that it could be blinding us to the many inequities that still exist here. The Deseret News published an editorial (“How to lead a recovery” May 26) and a My View by state senate president Wayne Niederhauser (“Utah’s economic advantage continues” May 28) about the American Legislative Exchange Council’s (ALEC) annual report, both of which are unfortunate examples of this blindness. Both the editorial and My View could be mistaken as press releases straight from ALEC’s public relations department.

New Study Shows ‘Red’ States Have Highest Economic Potential

States with higher taxes and tighter restrictions on business development tend to usually end up at the bottom of the list. “Blue” states New York and Vermont are the last two states on the list this year, Fox News reported. That said, there are some who say Utah is not necessarily an ideal model for economic growth. “It’s hard to say that states should try to pattern themselves after Utah,” said Tracy Gordon of the Brookings Institution. “So for example, I know the authors are not fans of the income tax, but in good years the income tax performs very well in states like New York and California that rely on it heavily. So should California and New York try to look more like Utah? Probably not,” Gordon said.

Tillis-Brawley spat rooted in cable fight

An unusually public dispute between two Republican state legislators that erupted last week has its roots in, of all things, a national debate over city-owned broadband systems.

In the push for the 2011 legislation, telecommunications companies and trade associations steered $1.6 million to state lawmakers from 2006 to 2011, including Tillis, according to the National Institute on Money in State Politics. During 2010-11, the $37,000 Tillis received from eight political action committees and trade associations, including Time Warner’s political action committee, was more than eight times what he received from the PACs from 2006 to 2008.

The American Legislative Exchange Council, or ALEC, a nonprofit that promotes free markets and limited government and receives funding from corporations such as Time Warner, has supported the effort to rein in city-owned systems that can offer cable TV, Internet and phone services. The group offers “model legislation” that can be used by lawmakers drafting their own bills. Tillis is a member of the ALEC board. ALEC members have become concerned in recent years because cities are building broadband systems in areas already served by the private sector, said John Stephenson, director of ALEC’s communications and technology task force. This can lead to high costs for taxpayers if the municipalities incur debt to build the system, he said.

WHERE THE REAL DAMAGE GETS DONE

It long has been the opinion of the blog that the elite political press is missing the real political action in this country because, for the most part, it concentrates either on what’s going on in Washington, or in the horse race aspects of whatever election is next. But the real action — and all the real damage — is being done out in the states, especially in those states in which the 2010 elections brought in majority Republican legislatures and majority Republican governors. This is part of what we play for laughs every Thursday when we survey what’s goin’ down in The Laboratories Of Democracy. But what’s goin’ down is highly organized, tightly disciplined, and very sharply directed. By now, the American Legislative Exchange Council, and what it’s about, is an open secret. Everybody covering politics knows about it. Everybody covering politics knows where the money for its activities comes from. Everybody in politics knows what its political aims are. And yet, when we have retrograde laws and policies pop up in state after state — most notably in recent days, in the newly insane state of North Carolina — it is always treated as a kind of localized outbreak.

Taking On Sallie Mae and the Cost of Education

Nearly 200 students, parents, community members and union leaders rallied at Sallie Mae’s annual shareholder meeting in Newark, Delaware, last Thursday. On the agenda: first, demand that the nation’s largest private student loan lender meet directly with students to discuss their crushing debt burden; and second, introduce a shareholder resolution calling for disclosure of the corporation’s lobbying practices and membership in groups such as the American Legislative Exchange Council (ALEC). The resolution asked that the board disclose in an annual report the corporation’s policies, procedures and payments for direct and indirect lobbying; as well as its membership and payments to any tax-exempt organization “that writes and endorses model legislation.” (See: ALEC.) Although there has yet to be a tally of the vote, organizers hope that they received the support of approximately 30 percent of the shareholders. UPDATE: The resolution has received over 35 percent of shareholder votes. (Importantly, this figure understates support for the resolution, as there were a large number of abstentions counted as no votes.) Student organizers say that they are very pleased with this result.

Is the government spying on environmental groups?

Corporations are teaming up with government agencies to put law-abiding anti-fracking activists under surveillance

By 2007, 70 percent of the US intelligence budget – or about $38 billion annually – was spent on private contractors. Much of this largesse has been directed toward overseas operations. But it is likely that some of that money has been paid to private contractors – hired either by corporations or law enforcement agencies – that are also in the business of spying on American citizens. As early as 2004, in a report titled “The Surveillance Industrial Complex,” the American Civil Liberties Union warned that the “US security establishment is making a systematic effort to extend its surveillance capacity by pressing the private sector into service to report on the activities of Americans.” At the same time, corporations are boosting their own security operations. Today, overall annual spending on corporate security and intelligence is roughly $100 billion, double what it was a decade ago, according to Brian Ruttenbur, a defense analyst with CRT Capital… …Earlier this year, a bill was introduced into the Pennsylvania legislature that would make it a felony to videotape farming operations in Pennsylvania – so-called “ag-gag” legislation that has already passed in Utah and Iowa, and has been introduced in several other legislatures. Many of the ag-gag bills draw on language crafted by the American Legislative Exchange Council’s (ALEC) “Animal and Ecological Terrorism Act.” (In recent years ALEC has received considerable support from the natural gas industry). Section D of the ALEC bill defines an animal or ecological terrorist organization in broad terms “as any association, organization, entity, coalition, or combination of two or more persons” who seek to “obstruct, impede or deter any person from participating” not only in agricultural activity but also mining, foresting, harvesting, and gathering or processing of natural resources.

 A Brief Summary of Corporate Depravity Shows How They Earn Our Contempt

The United States has been described by some as creeping toward corporatocracy, a nation where the government colludes with multi-national corporations and the wealthy elite to rule the populace. The connotation is always that corporations are sinister and operate with almost diabolical motivations. What did they do to deserve this reputation? Why do so many people in capitalist nations mistrust entitieswhose sworn allegiance is to profit above all else? Their stories come out gradually over time, and like the proverbial frog in boiling water, people acclimate to their bad behavior. What happens when you consolidate just a few of their misdeeds into one place? Websites like RedState.com and Foreign Affairs boast that “Corporations Are Good.” The first reaction to this statement is, “Not unless they are forced to be.” Whether they are knowingly using underpaid laborers overseas, refusing to chip in any funds to see these workers’ factory work sites made safer following a catastrophe in Bangladesh, lyingabout oil spills, or they are installing a new government when they don’t like the way the current government is taxing them and making demands about treatment of laborers, corporations have earned their nasty reputations. They have used the resources of each country they occupy, whether it is raw materials, infrastructure, education systems, research, legal systems, or defense, yet they feel no obligation to contribute to any of the nations where they reside. It would seem the only answer is to resist corporatocracy, particularly by not allowing them to write laws through their legislative arm, the American Legislative Exchange Council (ALEC). If corporations are people, my friend, they have psychopathic tendencies. People with behavior disorders need supervision, and empowering government and our courts to regulate corporations is the only way they are going to improve their conduct. But there has been a growing tide of opposition, as the American Legislative Exchange Council (ALEC) has helped push bills that preempt cities’ ability to pass paid sick leave legislation. Such efforts have cropped up in Florida, Wisconsin, Michigan, and Mississippi.

Connecticut Lawmakers Consider Bill That Could Undermine Paid Sick Leave

Connecticut made history two years ago when it became the first state in the country to guarantee its workers paid sick days. The bill requires service workers to earn an hour of sick leave for every forty hours worked. But now the state’s lawmakers are considering a bill that could undermine the initial legislation. S.B. 1007, which has passed the state Senate and is being considered in the House, would open loopholes for employers while whittling away at the benefits the original law created, according to analysis by the National Partnership for Women & Families and Family Values at Work.

Not-So-Charitable Contributions

This week’s big CBO report on tax expenditures has spurred some interesting secondary analysis. One that should spur some tertiary discussion came from Wonkblog’s Dylan Matthews, who focused on one of those tax policies that primary benefits the wealthiest taxpayers: the charitable contributions deduction. The social theory behind this deduction, it is usually assumed, is that it operates as a form of redistribution, since the contributions channel dollars to the needy clients of charities—without all that messy government bureaucracy, doncha know. But drawing on a couple of studies, Matthews challenges that assumption dramatically: even using a pretty loose definition of “helping the poor,” he finds that only 30.6% of charitable giving actually goes in that direction. Beyond these often-worthy but not exactly redistributive purposes, there are, of course, a bunch of foundations and “public-society-benefit” institutions that have the much-prized tax status of 501(c)(3) organizations, entitling donors to a tax deduction. And here can be found fine organizations like the Heritage Foundation, the American Enterprise Institute, the National Right To Life Educational Trust Fund, and the American Legislative Exchange Council, none of whom are exactly know for a devotion to helping the poor. (It should be noted that some (c)(3)s, including the Heritage Foundation and the liberal Center for American Progress, also have affiliated “action funds” that are outside the charitable designation but have the freedom to more directly engage in political activities. These are among the famous 501(c)(4) organizations that have been in the news lately: contributions aren’t deductible to donors, but the organizations themselves are tax-exempt, which also represents a tax subsidy).

Noam Chomsky on Democracy and Education in the 21st Century and Beyond

Noam Chomsky is an American linguist, philosopher, political critic and activist. He is an institute professor and professor emeritus in the department of linguistics and philosophy at MIT, where he has worked for over 50 years. History educator Daniel Falcone spoke with Chomsky in his Cambridge office on May 14. Falcone: Do we as a nation have a reason to fear an assault on public education and the complete privatization of education? CHOMSKY: So now, take for example ALEC, the American Legislative Exchange Council. It’s corporate funded, the Koch brothers and those guys. It’s an organization which designs legislation for states, for state legislators. And they’ve got plenty of clout, so they can get a lot of it through. Now they have a new program, which sounds very pretty on the surface. It’s designed to increase “critical thinking.” And the way you increase critical thinking is by having “balanced education.” “Balanced education” means that if you teach kids something about the climate, you also have to teach them climate change denial. It’s like teaching evolution science, but also creation science, so that you have “critical thinking.” All of this is a way of turning the population into a bunch of imbeciles. That’s really serious. I mean, it’s life and death at this point, not just making society worse.

Bill Berry: Scott Walker’s agenda threatens public education By now it’s obvious that attempts by Gov. Scott Walker and some of his pals to privatize K-12 education isn’t sitting well with many in Walker’s own party. Walker’s plan to expand school vouchers has moderate Republicans and many from rural areas concerned. Earlier this month, 14 rural Republicans called for an increase to public school funding, in effect opposing Walker’s budget proposal that would keep revenues flat for another two years. Walker has no such respect for public schools. As Julie Underwood, dean of the School of Education at the University of Wisconsin-Madison, has courageously pointed out, Wisconsin is among states threatened by the extremist American Legislative Exchange Council’s formula for privatizing education and eroding local control. Walker is ALEC’s Wisconsin operative.

Scaife-Funded Network Works Hard to Kill Immigration Reform

With immigration reform advancing through Congress, an anti-immigrant network funded by a small group of right-wing foundations is trying to kill reform by pressuring moderate Republicans and appealing to the party’s xenophobic wing. The groups could stymie efforts by some Republicans to appeal to the country’s growing Latino population by moving to the center on immigration. The anti-immigration Federation for American Immigration Reform (FAIR) and others are using shoddy research methods to claim that immigration is at fault for a whole host of problems in America, from crime toincome inequality. ProEnglish, a lobbying organization that advocates for “official English,” has released avideo attacking Senator Lindsey Graham (R-SC) for his work on the immigration bill. The Center for Immigration Studies has testified in Congress against reform, claiming “virtually all illegal aliens are guilty of multiple felonies.” All of these organizations are connected to John Tanton, a nativist who has formed anetwork of radical anti-immigration groups, all of which receive a significant portion of their funding from foundations tied to the Scaife family. Regardless of their fringe viewpoints, in the past, Dr. Tanton’s groups have played a successful role incrusading against immigration. Four years ago, NumbersUSA was key in organizing protest calls to Congress and supplying talking points to legislators to help defeat President George W. Bush’s legalization plan. FAIRhelped draft the contentious Arizona law, SB 1070, that grants law enforcement the right to question and detain anyone they suspect of lacking proper documentation for lawful presence in the United States. (The law was also adopted as a model bill by the American Legislative Exchange Council). In addition, in 2010 CIS aimed to defeat the Dream Act, which offers a pathway to citizenship and higher education for minors who were brought to the United States illegally as young children.

Brad Ashwell: Would Koch Brothers be good for journalism?

As you read this newspaper you are probably not thinking much about who owns it. But the question of who may be purchasing it along with several other major newspapers has the attention of many. The Tribune Company, which is the second largest media company in the U.S., is considering the sale of eight newspapers, including the South Florida Sun-Sentinel and the Orlando Sentinel, to Charles and David Koch, two of the most politically active billionaires in the country. There is nothing particularly new or inherently wrong about a wealthy family buying or owning a media company. But, the Koch brothers are not a typical wealthy family. The Koch’s have worked for years to benefit their bottom line at the expense of everyday Americans. They have donated millions to organizations and politicians that deny climate change, attack campaign-spending limits, dismantle worker’s rights, promote discriminatory voter ID laws, restrict access to health care, and increase income inequality. They have aggressively pushed a radical and extremist partisan political agenda by bankrolling think tanks, advocacy organizations, shadowy groups like ALEC (The American Legislative Exchange Council), astroturf groups and educational institutions. What seems particularly troubling is that many of their efforts have involved shaping public opinion on issues in a way that lacks transparency in order to benefit their own economic interests. To be clear, the issue here is not whether we agree with the Koch brothers positions on various issues. The question is whether we can trust these partisan ideologues to be good public stewards when it comes to providing us with objective news?

Asbestos Bill Invades the Privacy of Victims and Veterans | Commentary

“My husband was the late Congressman Bruce F. Vento, who served for more than 24 years in the House of Representatives representing our home state of Minnesota. Bruce died from pleural mesothelioma, a cancer of the lining of the lung caused by exposure to asbestos, on Oct. 10, 2000, just eight months after being diagnosed and despite receiving excellent medical care at the Mayo Clinic. He would be very disappointed that his colleagues on the House Judiciary Committee voted to send HR 982, the Furthering Asbestos Claim Transparency Act, to the floor.” Since at least the early 1900s, the lethal risks of asbestos exposure have been known — and intentionally hidden from — American workers and their families by companies of all sorts whose bottom lines were more important than the well-being and very lives of their workers. The U.S. Chamber of Commerce, American Legislative Exchange Council and Georgia Pacific — a company owned by the Koch Brothers, who are pushing this bill — claim it is needed to prevent fraud by asbestos victims when filing claims to company trusts. The asbestos company trusts were structured to enable the companies responsible for poisoning their workers to use bankruptcy reorganization to continue operating. But notably the Government Accountability Office analyzed many company trusts and found no evidence of fraud. A recent newspaper investigation of claims found 0.35 percent of “anomalies” that included clerical errors by the claims administrators of the company trust. Yet somehow asbestos victims have ripped off the system.

60 NC Conservation Groups Identify Most Egregious Anti-Environmental Bills Moving Through General Assembly

June 3, 2013. From the Blue Ridge to the Outer Banks and everywhere in between, North Carolina’s clean air, clean water and unparalleled quality of life have made it a special place and the envy of so many other states in the Southeast and beyond. But over-reaching politicians and short-sighted politics in Raleigh are now putting the state’s renowned quality of life – and its future – at risk. Gov. Pat McCrory wants to open the state’s beaches up to the threat of offshore drilling. His appointee to the state Department of Environment and Natural Resources has rewritten the department’s mission statement to suggest that environmental science is subject to “a diversity of opinion” and that protection of the state’s environment be subject to cost-benefit analysis. And fossil fuel companies and groups beholden to them – from Halliburton to the American Legislative Exchange Council – are continuing to pressure lawmakers however they can to push their agendas.

ARTICLES IN SUPPORT OF ALEC:

Here’s a Smart Alec We Ought to Heed

Another pro-ALEC editorial opinion without a named author or editor…

California’s situation is so bad that ALEC devotes an entire chapter to it, outlining problems like its growing number of municipal bankruptcies, including San Bernardino, where the main driver is personnel expenses and pension costs. The latter are expected to rise from 13 to 15 percent of the city budget by 2016. “California’s government has imposed upon its citizenry the most onerous business environment in the United States,” the report says. As its authors see it, California is on a road to disaster. The needed first step to avoid it is a thorough overhaul of the state’s tax system. Given the current makeup of the state’s political leadership that change is unlikely to happen, because though term limits rotate the people who populate our government it does nothing to change the philosophies they hold.

National Center for Public Policy Research Completes Activity at 32nd Shareholder Meeting of 2013 Group Holds Corporate CEOs Who Support the Left Accountable – and Supports Those Who Defend the Free Market

Dallas, TX / Washington, D.C. – The National Center for Public Policy Research completed activity at its 32nd corporate shareholder meeting of 2013 this week, as President David Ridenour completed a presentation at the ExxonMobil shareholder meeting in Dallas a few days after appearing at the Home Depot meeting in Atlanta. At ExxonMobil in Dallas, Ridenour spoke against shareholder proposal #7, sponsored by the United Steelworkers, calling on ExxonMobil to annually release what Ridenour called “an extraordinary level of detail in company lobbying disclosures” and to disclose its “membership in and payments to any tax-exempt organization that writes and endorses model legislation.” At ExxonMobil, Ridenour called the United Steelworkers’ proposal “a barely-veiled attempt to make it difficult for the company to work with… the American Legislative Exchange Council, better known as ALEC, a 40-year-old non-partisan, non-profit organization that facilitates collaboration on issues important to all of us among thousands of state legislators in all 50 states.” Ridenour said special interests dependent on government have been pressuring corporations to boycott ALEC “because ALEC shares good ideas in… important policy areas from a perspective that seeks to keep government small and accountable to the people, and our personal and corporate taxes low.” He urged shareholders to vote against the anti-ALEC proposal, which ultimately failed, 25%-75%. An audio recording of Ridenour’s comments is available here.

Three Reasons Why State Polarization Is a Big Deal

Those of us who report on state-level politics usually brag about how much better it is than following Congress. On our beat, after all, bills actually get passed and become law—unlike in D.C., where the Senate can’t even vote for lack of cloture and the House just keeps reapproving the repeal of Obamacare in some endless Politico version of Groundhog Day. In state legislatures, deals get made, budgets get passed (even balanced, if that’s your thing), and not every single issue is defined by a Democratic-Republican split. A new study shows that polarization—the ideological gulf between the average Republican and average Democrat—is growing in state legislatures. Political scientists Boris Shor (University of Chicago) and Nolan McCarty (Princeton University) combined survey results from the Project Vote Smart office-holder questionnaire with roll-call votes, comparing the average Republican and Democratic lawmakers in each state. (The data are available for anyone to play with.) Their findings tell us that state legislatures aren’t quite as polarized as Congress, but they’re moving in the same direction. What’s even more interesting, though, is what polarization actually means—and who benefits from it… …One reason for the shift: increasingly, national groups call the shots for Republican state lawmakers. Grover Norquist’s no-new-taxes pledge, signed by 1,037 current state lawmakers, helped create a method for nationalizing state issues. Groups like the American Legislative Exchange Council (ALEC) have successfully pushed “model legislation” to Republican lawmakers around the country, accounting for the proliferation of voter ID laws and stand-your-ground laws, among others. Increasingly, big-money conservatives such as the Koch brothers support challenges to “moderate” Republican lawmakers on the state level to enforce ideological purity. The Republican State Leadership Committee (RSLC) spent around $30 million to elect GOP lawmakers in 2010 and another $25 million in 2012.

 

What Happens in Vegas… Could Get You 10 Years to Life

Unpacking the proposed Nevada sex trafficking legislation (Part 1)

Why is a 39-page bill that criminalizes a whole lot of normal people being sold as a way to save the child sex slaves?

Well, saving the (white female) child sex slaves has proven to be a powerful narrative. After all, who is actually for sex trafficking of a minor, right? Only the most depraved among us. So, we must support this tough on crimes legislation. It’s a no-brainer to pass, no? NO. And herein lays the problem.

Is history repeating itself?

The historical link to the “white slavery” panic of the early 1900’s is hard to ignore. Prostitution in the U.S. was largely legal until changing women’s sexual norms led to a “white slavery” panic that resulted in the closing of brothels with the White-Slave Traffic Act, better known as the Mann Act in 1910. According to historian Mark Thomas Connelly, “a group of books and pamphlets appeared announcing a startling claim: a pervasive and depraved conspiracy was at large in the land, brutally trapping and seducing American girls into lives of enforced prostitution, or ‘white slavery.’” The reality was numerous young women were drawn into prostitution for “mundane” economic reasons. The ambiguous language of the Mann Act allowed selective prosecutions and was used to criminalize forms of consensual sexual behavior for many years.

Although human trafficking can be defined as being put in a situation of economic exploitation that you can’t get out of; rather than focusing on forced labor, servitude and slavery-like conditions, the trafficking framework has been used in selective ways. The general conception in the U.S. is that all human trafficking is sex trafficking. This conception developed because a crusade against prostitution attempted to conflate sex work with human trafficking, a claim for which there is no evidence, even according to the U.S. Government Accountability Office.

An executive summary of human trafficking put forth by the non-profit Center for Health and Gender Equity concludes that “conflating human trafficking with prostitution results in ineffective anti-trafficking efforts and human rights violations because domestic policing efforts focus on shutting down brothels and arresting sex workers, rather than targeting the more elusive traffickers.”

Misconceptions about the problem are fueled by sensationalized stories that’s simplicity in the child sex slave narrative makes them potent, haunting, and easy to mobilize around. Enforcement resources and investigations in the U.S. are going into a group of human trafficking task forces focusing almost entirely on commercial sex. It is a structure built on vice squads rather than labor investigators.

Some testimony to the legislature on sex trafficking bill AB67 (& related AB113) from the first hearing on Wednesday, February 20th provides an enlightening perspective.

Issue #1:  Vague and overly broad definitions—is our goal to put more people in prison?

From the Clark County Public Defender’s Office:

“The substantially increased penalties in Section 42 of AB67, including life sentences in some cases, are particularly concerning given the vagueness of the law. While nobody disagrees that a violent child sex trafficker deserves a lengthy prison term, the concern is that individuals will receive substantial prison terms that are not merited by their conduct … making it more serious than an attempt(ed) murder charge.”

“AB67 likely runs afoul of the vagueness doctrine, which holds that ‘[a] conviction fails to comport with due process if the statute under which it is obtained fails to provide a person of ordinary intelligence fair notice of what is prohibited, or is so standardless that it authorizes or encourages serious discriminatory enforcement.’ U.S. v. Williams, 553 U.S. 285, 304 (2008). For example, the addition of the phrase ‘or other thing of value’ to the definition of prostitution in Section 8 could criminalize innocent conduct between persons in a committed relationship.”

“Furthermore, because there is no carve out for the legal prostitution that exists in Nevada, Nevadans are left to wonder whether they would be prosecuted under this statute for engaging in otherwise legal conduct, such as driving a legal sex worker to her place of employment. In addition, discriminatory enforcement by law enforcement is a strong possibility, especially because the vast majority of the prosecutions in Clark County arise out of law enforcement undercover sting operations that seem to disproportionately target African-American males. Simply stated, it is insufficient to leave it up to prosecutors and/or judges to determine what the law means and how it is to be applied.”

FACT: United Nations member states have recently mandated a study on the use of the “trafficking” framework. The concern is that due to opportunities lent by vagueness of definitions; the issue of trafficking has been sidetracked and used to further particular political agendas that often have little to do with protecting people from exploitation and abuse.

Issue #2: Where is the data and evidence of this huge scary problem?

At the February 2nd “From Prosecution to Empowerment” human trafficking conference at USC, Attorney Martina Vandenberg, founder of the pro bono organization Civil Justice: The Human Trafficking Legal Resource Center expressed: “In the field of human trafficking, I detest data because most of it is made up and bogus. It is really an appalling area.”

Nevada Attorney General Catherine Cortez Masto testified at the hearing and stated in the media that the Polaris Project, a national human trafficking organization out of Washington, DC that sent their policy director here to help write our state legislation, has identified a huge sex trafficking ring between Nevada and California that presumably runs from Las Vegas to Los Angeles and Reno to Sacramento. Yet, when asked if there was evidence to back this claim Polaris Project’s Policy Program Director, Mary Ellison submitted this:

“In 2012, the NHTRC (National Human Trafficking Resource Center) Hotline received 174 calls from Nevada. Out of these calls, twenty-one (21) of them were classified as crisis calls, and forty-eight (48) of them were classified as tips from community members reporting suspected trafficking. The NHTRC had fourteen (14) cases from Nevada in 2012 that involved minors and had a total of forty-one (41) cases that had ‘high’ or ‘moderate’ indicia of human trafficking situations.”

Where is the evidence of the mass human trafficking ring? What happened to these cases and how many people were rescued or arrested?

The reality is there is no systematic state or local data on human trafficking. Furthermore, the Commercial Sexual Exploitation of Children (CSEC) community project that began to collect data on youth engaging in the sex trades in Las Vegas a couple years ago has been suspended for the past year. Previous studies completed in NYC and Atlantic City painted a portrait of youth who were rarely forced into the sex trades by a pimp trafficker, but rather homeless due to lack of a social safety net and participating in an informal economy of sex exchange for financial reasons. Street youth commonly report being abused more by the police than by pimps.

Issue #3: Who stands to benefit? Or follow the money (and motives)…

There is a lot of federal money available for anti-trafficking efforts in a time of austerity and sequestration when many budgets are being slashed. A little known fact is that the Violence Against Women’s Act (VAWA) that just passed had the Trafficking Victims Protection Act (TVPA) added to it as an amendment reauthorizing funding though 2017 after expiring at the end of 2011. The U.S. State Department’s definition of trafficking includes any person under 18 found to perform commercial sex and any commercial sex act that is induced by force, fraud, or coercion.

Law enforcement and non-profit rescue industry service providers work together in a closed loop network of funding. Where is the oversight and accountability for waste, fraud, or abuse to prevent corruption? According to a conversation with the Deputy Attorney General Michon Martin, oversight and accountability for the monetary beneficiaries of this legislation are “beyond the scope of this bill.” Hmmm….

Kids Caught in the Culture Wars: Is This Really about Protecting Youth?

Law Enforcement: Is this about Arrest Numbers?

Judge William Voy of Clark County District Court Family Division testified he would keep youth who were arrested for engaging in sex trades in a “controlled therapeutic setting where the children could not run from” or they would forcibly be returned by staff. It was unclear how long they would remain in the “safe house,” but he did indicate until prosecution and vice work with the child as a witness to develop testimony against their “perpetrators.” Does he realize the newly reauthorized TVPA “provides assurance that a minor victim of sex trafficking shall not be required to collaborate with law enforcement to have access to residential care or services provided with a grant under this section?”

The inclusion of all juvenile prostitutes as trafficked has presented obvious problems. U.S. research points out that only a minority fit the “forced by a third party” trafficking profile. There is a clear difference between juveniles who are forced into the sex industry by the sex slavery black market and juveniles who are homeless or living in abject poverty with no other recourse but to sell sexual services. Tying assistance to the identification of a pimp is often counterproductive and fails to help the victims who need it most.

Evangelical Non-Profits: Is this a Moral Crusade?

Lisa Thompson, liaison for the abolition of sexual trafficking for the Salvation Army, during a recent presentation at The Justice Conference stated: “Sex trafficking is a battle of ideas.” The Church in America too often does not do enough to address the ideology upon which sex trafficking is based – “an ideology that disassociates sex from love, responsibility and children.” Thompson explained: “One of the reasons sex trafficking is flourishing is that we, as a Church, do not do enough to address the ideology that disassociates sex from love.” She continued: “Sex is not work. God did not create any woman for the purpose, excuse me, that she be a cum receptacle.”

In her testimony to the Nevada legislature, Melissa Holland said that her organization in Reno, Awaken INC (“In the Name of Christ”) was in the process of getting both a safe house and transitional housing in place for the victims of sex trafficking. If religious education and activities are a compulsory aspect of the services provided to clients, I hope she realizes that could be a human rights violation. It would also go against separation of church and state, disqualifying them from receipt of federal funds for trafficking services. I have to agree, “I don’t think prayer is among the recognized best practices for fighting human trafficking.”

Where are the Real Solutions? Prevention Over Prison

Three simple steps to ending sex (and other labor) trafficking, exploitation, and abuse:

1) Stable sustainable wage income

2) Affordable long-term housing

3) Equitable education opportunities

The major driver of human rights abuses, including trafficking is vast economic inequality. Only rights can stop the wrongs.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Cross posted from The Nevada View.

Written by Jennifer J. Reed, MA
PhD Student, Department of Sociology
University of Nevada, Las Vegas

GOP Lawmakers Harass Michigan’s Seasonal Workers

What do Michigan House Representatives Peter Pettalia (R-106), Bob Genetski (R-80), Ray Franz (R-101) and Joel Johnson (R-97) have against Michigan farmers?

Hint: It’s something about their employees….(seasonal workers).

All four of these lawmakers represent out-state districts, and while it’s easy to assume that farming is a strictly rural endeavor, densely populated Wayne, Oakland, Washtenaw, Monroe and Macomb Counties account for a whopping $302.6 million of the state’s $71.3 billion in annual agri-business. Farming is the number two industry in the state, and it’s more reliable than manufacturing as a steady economic base. The industry employs 600,000 people.  The state is second only to California in crop diversity, with twelve of Michigan’s crops being number one in the nation. Many of these crops are dependent on seasonal workers to harvest them by hand. Farmers could not survive without this workforce, nor could our struggling economy.

We need migrants more than they need us.

Yet, these four lawmakers continue to sponsor silly laws that are no more than thinly veiled attempts to . Two years ago, they attempted to pass a law styled after the now discredited and much reviled Arizona anti-immigrant law which, had it passed in Michigan, would have destroyed much of the state’s seasonal crop production.

Here we go again. Yesterday these guys, lead by Pettalia, introduced HB 4372 , a bill that makes English the official language of Michigan. The proposed law is nothing more than a waste of time and an overt exercise in bigotry. It changes nothing.

The wording of the bill carefully states that “English is the official language of this state” and that it shall be used for all records, laws, meetings and documents, yada-yada. Then, in Sec. 4(1) it qualifies that: “In addition to printing official documents and forms in English, a state agency or local unit of government may use or print official documents and forms in languages other than English.” And in Sec. 5(1) it further exempts education, instruction, public safety, health, justice, commerce, tourism, sporting and cultural events.

So, what’s the point? It’s what Michigan has already been doing since, er…statehood.

It’s not as though the Register of Deeds has suddenly adopted Portuguese, or your drivers test appeared in Swahili.

This bill is little more than an attempt to shamelessly cater to the paranoid demographics of these four awful lawmakers.

Amy Kerr Hardin from Democracy Tree

democracy tree logo

 

The Precarious Situation of Nevada’s ELL Students

(or “Why Nevada is Going to Get Sued for Millions.“)

With recent headlines like “Conference attendees say Nevada isn’t doing enough to educate ELL students,” and “GOP lawmaker seeks more state funding for English language learners,” it should come as no surprise that Nevada has an English Language Learner problem in its grade schools. What such headlines don’t show is the depth and breadth of the peril we place our state in by not doing enough to educate ELL students.

Economic Impact

According to 2012 Applied Analysis impact study, the cost to Nevada of ELL students who will fail to graduate, or unlikely to graduate, is projected at $17 trillion, in loss of tax payments, unemployment benefits, cost of incarceration, and health care costs that will have to be subsidized. This net economic drag can be reversed if Nevada adequately educates ELL students early on and fixes its high school graduation crisis. The estimated return on investment if this is accomplished is tenfold for each dollar spent over the coming years. Therefore, every day Nevada continues to view the investment of educating ELL students as a burden is another day that the potential return on investment is not realized.

Depth of the ELL Population

Nevada school age children in general are demographically diverse and likely to be “at risk” – three in five are minorities, one in six is an ELL learner, and one in two qualifies for free or reduced cost school lunches – further exacerbating efforts to educate ELL students.

ELL population has remained stable for the last five years, even as immigration has declined into the state.  Although some immigrant families, particularly undocumented immigrants left Nevada in the last three years, the bulk of the immigrant families have decided to make Nevada their home in spite of the hard times. As is evident the magnitude of Nevada’s ELL demographics is no longer small enough to fully address by diverting minor resources from general education funding as it once was decades ago.

Breadth of the ELL Achievement Gap

Nevada has a legal obligation under constitutional law, federal law, and state law to provide ALL children with an equal quality of education and quality educational opportunities; free of charge and regardless of legal status. However, Nevada’s ELL children lag significantly behind their English-speaking counterparts, third grade ELL children lag 15% behind in CRT reading scores, and the gap becomes larger the longer that they remain in ELL programs, one in twelve ELL children passes the English high school proficiency exam.

11111

Experts agree that teaching special populations of ELL children require skill sets and expertise that the average teacher is not taught. In addition, for ELL children to succeed they need to receive instruction from teachers who understand how to teach the development of language as well as how to communicate to English Language Learners academic concepts. Shockingly, in a recent review of Clark County School District classrooms 69 out of 70 teachers were rated as not providing high quality ELL instruction and most observed classroom interactions contained NO instructional content for ELL students on language development. Reviewers made it loud and clear that the high quality instruction required for ELL students was almost completely missing. This is overwhelming evidence that Nevada is not meeting its legal obligations requiring that “the programs and practices actually used by a school system [be] reasonably calculated to implement effectively the educational theory adopted by the school.

Providing Resources for ELL Needs

Increased funding does not guarantee that the additional resources needed for educating ELL students are provided. However, Nevada doesn’t currently provide any funding for ELL resources, one of only a handful of states that does not provide any state funding for ELL children. In failing to provide even minimum services for ELL children the state places itself at risk of a multi-million dollar lawsuit. School districts with comparable ELL student populations, who have settled ELL lawsuits, such as Florida, California and Arizona provide substantial state support for ELL programs leaving a strong precedence for substantial ELL resources as a funding requirement. Further deteriorating ELL resources in Nevada:

This leaves us asking the question “What level of funding for ELL will fix the looming human, work force and legal crisis?” The Nevada legislature has commissioned two studies in 2006 and 2012; both recommended increasing funding for ELL students. According to the 2006 adequacy study, Nevada should be funding English Language Learners at $5600 per child which when adjusted for inflation would have equated to $3,551.3 million in additional funding dedicated strictly for English Language Learner instruction and resources. The 2012 study was unable to propose an updated estimate for funding ELL resources because it was “simply not possible to disentangle the relationship between – low?income [students] and ELL students.”

Authored by Sebring Frehner with the expertise of various community leaders.

N.C. switches stance on drivers licenses for illegal immigrants

Crap!  We’ve know it was coming, but the shitstorm of rad-right legislation that is only to be expected by a state led by a Duke Energy exec–paytoplaypat, Art Pope, an ALEC-dominated State Legislature – a supermajority in Raleigh.

Recently I reposted an article from Mother Jones talking about the Democracy Initiative where they reported that this new, amply funded liberal action group (” The groups in attendance pledged a total of millions of dollars and dozens of organizers to form a united front on these issues…) would be making North Carolina one of its top targets, where “the fight is more about countering the influence of a single powerful donor, the conservative millionaire Art Pope, whose largesse helped install a Republican governor and turn the state legislature entirely red.”

  • North Carolina was the first state to file against Obamacare.
  • North Carolina will not have a state insurance exchange, a recommended action in ALEC’s Plan to Repeal Obamacare. More →

Privatizing Government Services in the Era of ALEC and the Great Recession – Part IV – Unions and Collective Bargaining

IV.   UNIONS AND COLLECTIVE BARGAINING

Many ALEC bills target teachers and collective bargaining, and laws that
are similar to those bills have been enacted in the aftermath of the Republican victories in 2010.  For example, in Indiana, where Republicans had a 60-40 House majority and a 37-13 Senate super-majority, the Senate labor committee chair coupled limits on teacher collective bargaining with teacher merit pay and state-funded vouchers for students to attend private schools. 121  In addition, teacher collective bargaining was limited to salaries, benefits, and total number of work days. 122

A. Public Employee Freedom Act

ALEC Summary:  “Excluded from National Labor Relations Act (NLRA),
public employees are subject to state and local laws governing collective
bargaining.  Many of these laws are ‘monopoly bargaining laws,’ which More →

Michigan Right to Work Law Was the Brainchild of ALEC, The Most Dangerous Group in Politics

From article written by Bob Sloan and published on Policy Mic...

Fact: 282 bills were passed in Michigan during the lame duck session. 42% of all the bills passed in the last two years were in this last lame duck session, with 180 votes taken on the last day of the 2012 session alone.

Fact: In the session from Dec 13 to Dec 14 (ending at 4:29AM), 180 roll-call votes were held. This took place in the 18 hours leading up to the ending of lame duck.

No sooner had the GOP secured total control of Michigan in 2010, holding majorities in both houses and winning the governorship, than the American Legislative Exchange Council (ALEC), a right-wing ultra-conservative “bill mill” and THE source of money and corruption in politics today, lept into action. ALEC wasted no time in sending many of their most onerous “model legislation” bills to Michigan. These included the Emergency Manager law, , expansion of charter schools, HB 5221 (Voter ID Act), which required voters to provide proof of citizenship when registering to vote, and HB 4305 with language similar to ALEC’s model “Immigration Law Enforcement Act.” More →

Private prisons not saving us money – so why do we still have them?

So how much money are we saving by having private companies run state and federal prisons?

None. In fact, recent investigations by the Arizona Republic, the Associated Press and prison watchdog groups, the American Friends Service Committee and The Sentencing Project, have shown private prisons are actually costing taxpayers more money than if the government ran the prisons.

And the government knows it. According to the Associated Press’s report earlier this month about federal incarceration of illegal immigrants, federal agencies, namely Homeland Security, have admitted private prisons cost more to operate and no longer use cost savings as the primary factor in awarding prison contracts.

And this year the Arizona Legislature, in the appropriation for a new prison, specifically exempted companies bidding on the contract from having to comply with a state law requiring a private operator demonstrate cost savings.

So if private prisons aren’t saving taxpayers any money why do we have them? What’s the point?

There is a lot more than this in the article from the Tuscon Citizen.com  Please click here to link to the article.