State Sen. Jan Angel,
R-Port Orchard, is getting heat from her opponent regarding Angel’s
involvement with the American Legislative Exchange Council. This is
something we addressed in the
2013 election, but since this treads into matters of substance,
it’s worth revisiting.
ALEC is a nationwide organization that goes to great efforts to
get conservative policies enacted in state legislatures. Angel is a
conservative and has been affiliated with the organization for some
time. She has never really denied that, but when she wrote the
Facebook post you see pictured on the left here, she never let on
that Rick Perry, Texas governor and one-time candidate for
president who recalled two of the three agencies he planned to
eliminate, was speaking at an ALEC conference when she snapped his
picture and gushed, “what a champion!”
At its core the question that seems worth asking is whether
Angel or Arbogast better represent the values of the 26th District,
and Angel’s affiliation with ALEC could be evidence to support
whatever conclusion you make. Instead much of the debate centers on
whether legislators should be sponsoring what are called “model
bills.” A model bill is one written in one place and used either
verbatim or as a template in several states.
Some of ALEC’s model legislation would ban states from
prohibiting insurance companies from using credit scores to deny or
charge more for coverage, is tough on minimum wage standards, goes
after Obamacare and would limit how much a state could require
electric utilities to provide a certain percentage of its energy
from clean energy sources.
Those are some examples. You can go to alec.org and alecexposed.org to get a bigger
picture.
This issue arises from the following exchange that took place in
the Oct. 7 Bremerton Area Chamber of Commerce Eggs & Issues forum between
Angel and Democrat Judy Arbogast.
Question: Can ALEC really write laws that
best serve a state as diverse as Washington, and if yes,
how?
Arbogast: Absolutely not. ALEC provides
ready-made legislation for every state and that’s the biggest
problem. It’s also backed by big corporations, not the people who
are trying to actually solve the problems. People who know me know
that I’ve been very opposed to ALEC since I first heard about it. I
certainly know that it’s not good for the people. That’s why any
bills that I propose will come from the people themselves, They
will not be premade as some of the bills have been presented by my
opponent.
Angel: Your opponent has never offered an ALEC
bill that I’m aware of, (And at this point you can hear people
laughing at the statement) the only ALEC bill, seriously, the only
ALEC bill that’s come to the Legislature actually came through your
governor, Gov. Inslee, And I want to talk, I’m so glad this
question came up, because ALEC stands for the American Legislative
Exchange Council. I belong to that. The mission statement is free
market and individual liberties. I am proud to stand for that. I
make no apology and I actually question anyone that would question
those values. As far as model legislation, we sit on task force,
which I am proud to sit on Economic Development, Commerce and
Insurance. That task force works on issues nationally. The last
task force meeting I attended we worked on national catastrophes
like the slide that we just had, how did that affect everybody ’s
insurance premiums. Now if a model bill is written it is up to the
legislature whether they take it back to their state. And if the
state House and Senate pass it and the governor signs it, maybe
it’s a good bill.
We’ll dissect those arguments later, but following the debate
and after my story was written, Samara Ressler, campaign manager
for Arbogast, sent me an email titled “Forum Clarification.” She
then provided a list of three bills Angel co-sponsored Ressler said
come from ALEC model bills. They are Senate Bills 6300 and 6307
during the 2014 session and House Bill 1804 in 2011.
SB 6300 would have required more unions to increase financial
reporting requirements and does seem to have much the same language
as ALEC’s model legislation, “Union Financial Responsibility Act.”
SB 6307 prohibits local jurisdictions from enacting minimum wage
requirements higher than the state’s. It is much the same as ALEC’s
“Living Wage Mandate Preemption Act.”
The House Bill 1804 in 2011 would have prevented the state from
spending any money to implement Obamacare. At the time the
justification was the health care reform measure was still making
its way through constitutional challenges. Supporters said they
didn’t want to burden the state with efforts for a program that
could become moot. I don’t see ALEC’s direct fingerprint on this
bill, but it’s old enough that it might have just disappeared from
the organization’s website. And ALEC wrote a lot of legislation aimed at weakening health care
reform, so it’s not out of the realm of possibility
this started with ALEC.
This gets to the core issue. Whether the bill was an ALEC model
or not, it would have limited the impact of federal health care
reform efforts. What is the more important factor to you?
When we addressed this similar question in 2013, we pointed out
that lots of organizations write model bills. ALEC might do it the
most, but several organizations do it. Legislators don’t write many
of the bills they propose. They are written by lobbyists, lawyers
and others who have an interest. And I’m willing to bet that when
legislators do write their own bills, they get lots of help.
This is not to say that finding out whether a bill is a model
bill is unimportant. An organization like ALEC has a specific
mission and won’t typically write legislation that doesn’t forward
that mission.
So let’s break down the forum comments.
Arbogast: ALEC provides ready-made
legislation for every state and that’s the biggest
problem.
“Model” legislation is a “problem” in the sense that it could be
trying to solve a problem no one was aware anyone had. Beyond that,
though, you have to give the Legislature enough credit that it will
tackle issues it deems important. If a model bill, tweaked to
reflect what’s needed in legislative language in Washington,
addresses an issue enough legislators think is worthy of attention,
the bill can make it to the governor’s desk.
Arbogast: People who know me know that I’ve
been very opposed to ALEC since I first heard about it. I certainly
know that it’s not good for the people.
This is the values statement that would seem to be the more
important issue.
Arbogast: That’s why any bills that I
propose will come from the people themselves, They will not be
premade as some of the bills have been presented by my
opponent.
Angel: Your opponent has never offered an ALEC
bill that I’m aware of.
If Arbogast wins I suspect some on the right will watch the
bills she sponsors to see if there’s anything else out there that’s
similar to trace a bill at its roots. It might be a model bill from
an organization on the left.
Angel’s claim that she never offered an ALEC bill rests on whether
you think “offered” means she was the prime sponsor. We showed that
she co-sponsored bills using ALEC bills as models, but she has not
been prime.
Angel: The only ALEC bill that’s come to
the Legislature actually came through your governor, Gov.
Inslee.
We did address that claim last year and there is some dispute.
The governor’s office said its bill dealing with one aspect of
climate change did not come from an ALEC model, but a spokesman for
the Washington Policy Center said that it did. Angel is off in
saying the “only ALEC bill” unless what she meant by “come through
to the Legislature” was “passed the Legislature.” Otherwise, her
co-sponsorship of two ALEC-based bills seems to negate her
statement.
Angel: ALEC stands for the American
Legislative Exchange Council. I belong to that. The mission
statement is free market and individual liberties. I am proud to
stand for that. I make no apology and I actually question anyone
that would question those values.
When Google, Facebook, Microsoft, Bershire Hathaway Energy,
Intel, Bank of America, etc. decided to stop participating with
ALEC I doubt any of them were troubled with the concept of free
markets or individual liberties. Google’s Eric Schmidt was
especially harsh answering a question from a
caller to the Diane Rehm show:
Kristen: I’m curious to know if Google is
still supporting ALEC, which is that fund lobbyist in D.C. that are
funding climate change deniers.
Schmidt: We funded them as part of a political
game for something unrelated. I think the consensus within the
company was that that was sort of a mistake. And so we’re trying to
not do that in the future.
Rehm: And how did you get involved with them
in the first place? And were you then disappointed in what you
saw?
Schmidt: Well, the company has a very strong
view that we should make decisions in politics based on facts. What
a shock. And the facts of climate change are not in question
anymore. Everyone understands climate change is occurring. And the
people who oppose it are really hurting our children and our
grandchildren and making the world a much worse place. And so we
should not be aligned with such people. They’re just literally
lying.
I’m guessing Angel would differ with Schmidt on that.