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Sunday, July 17, 2011

Law - Still more on: NPR investigation of ALEC, "the birthplace of a thousand pieces of legislation introduced in statehouses across the county"

This July 15th ILB entry ended:

And here is the press release from Common Cause, headed "ALEC Bills Expose Corporate Drive to Advance Business Over Public Interest." It begins:
Today’s release of more than 800 “model” bills and resolutions drafted and promoted by the American Legislative Exchange Council (ALEC) opens a window to the workings of a powerful and secretive corporate front group that has enlisted thousands of state lawmakers to pass legislation on its behalf, often in conflict with the public good, Common Cause said today.
The ILB is trying to locate the list of 800 bills.
The ILB has now located the 800 model bills (see here) and has looked at several of them for explanations of how/why they are "in conflict with the public good." The results are interesting.

One is the "Responsible Scrap Metal Purchasing and Procurement Act." This is the first one I looked at and it caught my eye because the subject has been of interest in Indiana. Here is some of the rationale that ALEC gives for the proposal:

Because of the increased market value in scrap metal, an increased number of thefts associated with metal goods are being reported throughout the country. From gas, plumbing and electrical lines used in new and rehabilitation home and industrial construction to selected private property of businesses to a vast array of government property such as municipal manhole covers, street signs, and utility polls to critical infrastructure utilized to provide communications services necessary to the health and safety of the public — metal theft is a growing problem for both the public and private sectors. Scrap metal thefts have not only created safety issues but they have also impacted local government budgets.
So what is the ALEXexposed.org objection?
This bill would regulate the scrap metal industry by requiring purchasers keep detailed records of all sellers. While scrap metal theft may be a problem, this bill may affect unemployed and impoverished people as well as undocumented workers who earn money collecting scrap metal legitimately. * * * Additionally, it appears to make scrap businesses' records open to warantless demands by law enforcement.
Hmmm.

This one, the "State Regulatory Responsibility Act," has a ring of familiarity to it. Many similar proposals, arguing against application of federal environmental requirements at the state level, have been the subject of Indiana legislation. Whether these bills are "in direct conflict with the public good" would seem to be a public policy question without a clear black or white / right or wrong answer.

Posted by Marcia Oddi on July 17, 2011 09:33 AM
Posted to General Law Related