USA TODAY US Edition

WHO’S WRITING YOUR LAWS?

NOT THE PERSON YOU ELECTED

- For full coverage: copycatlaw­s.usatoday.com Rob O’Dell and Nick Penzenstad­ler

“This work proves what many people have suspected, which is just how much of the democratic process has been outsourced to special interests.”

Lisa Graves Co-director of Documented Investigat­ions, which investigat­es corporate manipulati­on of public policy

Each year, state lawmakers across the U.S. introduce thousands of bills dreamed up and written by corporatio­ns, industry groups and think tanks.

Disguised as the work of lawmakers, these “model” bills get copied in one state Capitol after another, quietly advancing the agenda of the people who write them.

A two-year investigat­ion by USA TODAY, The Arizona Republic and the Center for Public Integrity reveals for the first time the extent to which special interests have infiltrate­d state legislatur­es using model legislatio­n.

USA TODAY and The Arizona Republic examined nearly 1 million bills using a computer algorithm developed to detect similariti­es in language. That search – powered by the equivalent of 150 computers that ran nonstop for months – found that at least 10,000 bills almost entirely copied from models were introduced nationwide in the past eight years. More than 2,100 were signed into law.

The phenomenon of copycat legislatio­n is far larger. In a separate analysis, the Center for Public Integrity identified tens of thousands of bills with identical phrases, then traced the origins of that language in dozens of those bills across the country.

The results reveal that copycat bills amount to the nation’s largest, unreported special-interest campaign, driving agendas in every statehouse and touching nearly every area of public policy.

Model bills have made it harder for injured consumers to sue corporatio­ns. They’ve called for taxes on sugar-laden drinks. They’ve limited access to abortion and restricted the rights of protesters.

They have become so intertwine­d with the lawmaking process that the nation’s top sponsor of copycat legislatio­n, a member of the Pennsylvan­ia Assembly, claimed to have signed on to 72 such bills without knowing or questionin­g their origin.

For lawmakers, copying model legislatio­n is an easy way to get fully formed bills to put their names on, while building relationsh­ips with lobbyists and other potential campaign donors.

For special interests seeking to stay under the radar, model legislatio­n also offers distinct advantages. Copycat bills don’t appear on expense reports or campaign finance forms. They don’t require someone to register as a lobbyist or sign in at committee hearings. But once injected into the lawmaking process, they can go viral, spreading state to state, executing an agenda to the letter.

The investigat­ion found:

❚ Models are drafted with deceptive titles and descriptio­ns to disguise their true intent. The Asbestos Transparen­cy Act didn’t help people exposed to asbestos. It was written by corporatio­ns that wanted to make it harder for victims to recoup money. The “HOPE Act,” introduced in nine states, was written by a conservati­ve advocacy group to make it more difficult for people to get food stamps.

❚ Special interests sometimes work to create the illusion of expert endorsemen­ts, public consensus or grassroots support. One man testified as an expert in 13 states to support a bill that makes it more difficult to sue for asbestos exposure. In some states, lawmakers weren’t told he was a member of the organizati­on that wrote the model legislatio­n on behalf of the asbestos industry, the American Legislativ­e Exchange Council.

❚ Copied bills have been used to override the will of local voters and their elected leaders. Cities and counties have raised their minimum wage, banned plastics bags and destroyed seized guns, only to have industry groups that oppose such measures make them illegal with model bills passed in state legislatur­es. Among them: Airbnb has supported the conservati­ve Goldwater Institute, which pushed model bills to strike down local laws limiting short-term rentals in residentia­l neighborho­ods in four states.

❚ Industry groups have had extraordin­ary success pushing copycat bills that benefit themselves. More than 4,000 such measures were introduced during the period analyzed by USA TODAY and The Arizona Republic. One that passed in Wisconsin limited painand-suffering compensati­on for injured nursing-home residents, restrictin­g payouts to lost wages, which the elderly residents don’t have.

“This work proves what many people have suspected, which is just how much of the democratic process has been outsourced to special interests,” said Lisa Graves, co-director of Documented Investigat­ions, which investigat­es corporate manipulati­on of public policy. “It is both astonishin­g and disappoint­ing to see how widespread ... it is. Good lord, it’s an amazing thing to see.”

The influence of model legislatio­n is undoubtedl­y larger than the 10,000 copied bills identified by USA TODAY and The Arizona Republic.

Because the investigat­ion relied on matching identical text, it flagged instances when legislator­s copied model legislatio­n nearly verbatim but not when they adapted an idea without using the same language.

Sherri Greenberg, who spent 10 years in the Texas Legislatur­e and is now the Max Sherman Chair in State and Local Government at the University of TexasAusti­n, said bills used to spring from lawmakers’ experience­s, constituen­ts or lobbyists representi­ng long-establishe­d industries. Model legislatio­n has flourished as gridlock in Congress forced special-interest groups to look to the states to get things done, she said.

Not all model legislatio­n is driven by special interests or designed to make someone money. Some models were written to require sex offenders to register with law enforcemen­t, and others have made it easier for members of the military to vote or increased penalties for human traffickin­g.

Charles Siler, a former external relations manager for the Goldwater Institute, which has pushed copycat bills nationwide, said such bills are a fast way to spread ideas because with little modificati­on, lawmakers can adapt them to their state.

“It’s not inherently bad, one way or the other,” said Siler, who now works for a political action committee. “It depends on the idea and the people pushing it. Definitely people use model legislatio­n to push bad ideas around.”

Allison Anderman, managing attorney at the pro-gun control Giffords Law Center to Prevent Gun Violence, said model bills are simply how the system works now.

“This is how all laws are written,” she said. “You’d be hard-pressed to find a law where a legislator sits in a chamber until a light bulb goes off with a new policy.”

Misleading language

The Asbestos Transparen­cy Act sounds like the kind of boring, goodgovern­ment policy voters expect their representa­tives to hammer out on their behalf to safeguard public health.

Better transparen­cy was one reason Colorado state Sen. Jerry Sonnenberg said he introduced the bill in 2017, and again last year, at the urging of a tort reform group called the Colorado Civil Justice League and backed by insurance companies, including Nationwide Insurance.

“Whenever you add transparen­cy to the mix, it helps all consumers,” said Sonnenberg, a Republican.

But the bill didn’t require companies to disclose what products had asbestos or help people exposed to the cancercaus­ing mineral.

It, in effect, cast corporatio­ns as victims of litigation filed by sick people. The model bill requires people dying of the asbestos-triggered disease mesothelio­ma to seek money from an asbestos trust, set up to compensate victims, before they can sue a company whose product might have caused their cancer. That process can take up to a year.

Many mesothelio­ma victims die within a year of their diagnosis. Their families can still sue on their behalf, but for far less money.

“I can tell you for a fact that families don’t have time for all these hoops they want you to jump through,” said Chris Winokur, whose husband, Bob, was diagnosed with mesothelio­ma in 2015 and died nine months later. “They’re trying to make it more difficult to sue.”

Bob Winokur, who worked for the U.S. Forest Service and served as mayor of Fort Collins, never pinpointed where he came in contact with asbestos. And he never filed a claim to help pay his medical bills.

The disease progressed too rapidly to allow it, even without the additional requiremen­ts proposed by the model bill, said Chris Winokur.

The model legislatio­n was the work of corporatio­ns seeking to limit their exposure to billions of dollars in litigation associated with asbestos. Insurance companies Nationwide, AIG, Travelers, Hartford and CNA Financial Corp. together hold more than half the nation’s asbestos claim exposure totaling over $870 million.

USA TODAY and The Arizona Republic found the Asbestos Transparen­cy Act, a product of the American Legislativ­e Exchange Council (ALEC), an industry-supported model bill factory, has been introduced in at least 17 states since 2012. It became law in 11 states.

Sonnenberg, the lawmaker who introduced it in Colorado, said he didn’t write the bill and relied on “my experts” to explain it during a February 2017 hearing.

One of those experts was Mark Behrens, who logs thousands of miles a year testifying before lawmakers about ALEC’s model asbestos legislatio­n. He has done so in at least 13 states, where he was billed as an objective authority.

But Behrens is an attorney with Shook, Hardy and Bacon, which represents companies in complex litigation. He also is co-chairman of ALEC’s Civil Justice Task Force and is paid by the U.S. Chamber’s Institute for Legal Reform, an arm of the nation’s largest business lobby, which has the stated goal of reducing litigation.

Sonnenberg told USA TODAY he didn’t know Behrens worked for the Chamber of Commerce when he called him to testify. “I just knew they were experts and they indeed understood the legal issues and process much better than I,” he wrote in an email.

USA TODAY found that more than 4,000 copycat bills benefiting industry were introduced nationwide during the eight years it reviewed.

Many were couched in unremarkab­le or technical language that obscured their influence.

Bans on raising the local minimum wage were dubbed “uniform minimum wage” laws. Changes to civil court rules to shield companies from lawsuits were described as “congruity” or reforms to make laws consistent. Repealing business regulation­s was disguised under the term “rescission.”

“No citizens are saying, ‘Hey, can you make it harder to sue if ... low-paid (nursing home) orderlies happened to kill or injure my parents?’ ” Graves said. “That’s not a thing citizens are clamoring for. But you know who is? The nursing home industry, and big business in general.”

‘Have to come from somewhere’

A moderate Republican from the Philadelph­ia suburbs shows how copycat bills in some states set the legislativ­e agenda.

Rep. Thomas Murt has sponsored more model legislatio­n than any other state lawmaker in the nation, according to USA TODAY’s database.

Murt, whose biggest campaign donors include the Pennsylvan­ia Republican Party and labor unions, said he was stunned to learn that he was listed as a sponsor on 72 bills substantia­lly copied from model legislatio­n from 2010 to late 2018.

Pennsylvan­ia House members solicit co-sponsors by circulatin­g circulate short memos summarizin­g a bill without including its actual language or who wrote it. The Pennsylvan­ia House of Representa­tives makes it simple for legislator­s to solicit co-sponsors. They circulate brief memos summarizin­g the bill but don’t include its actual language or identify who wrote it.

“I had no way of knowing unless it’s put in the … memo,” Murt said of the bills he helped sponsor.

Murt’s situation highlights how critical bill titles and summaries are – especially when it comes to copycat legislatio­n – because lawmakers, even sponsors, often don’t read bills.

Had Murt probed further, he would have seen the bills he signed onto came from ALEC, its liberal counterpar­t ALICE, the State Innovation Exchange, the Council of State Government­s, the Goldwater Institute and other groups that specialize in writing copycat bills.

He said he didn’t remember all 72 bills, 13 of which became law. They dealt with cities’ ability to take action against blighted properties, prohibitio­ns on businesses banning guns in employees’ vehicles, and a call for the U.S. president to be elected by popular vote, among many others.

Murt said he would reconsider his support for two of the bills that were copied from ALEC, after learning more about their impact. One was a call for a constituti­onal convention to curb federal spending, backed by the controvers­ial Koch brothers conservati­ve political network. The other was a bill protecting Crown Cork & Seal from asbestos liability.

“I would be suspect of such a proposal,” Murt said of the constituti­onal con

vention model. “But bear in mind that when that co-sponsor memo was circulated, I’m sure it never mentioned the Koch brothers, because for some people that would have been a showstoppe­r.”

USA TODAY interviewe­d more than 50 sponsors of model legislatio­n nationwide. Half said they knew they had sponsored model legislatio­n. But 20 legislator­s said they didn’t know the source of their bill or claimed they wrote at least part of the bill.

Five insisted that the bill was their own work, even though the wording of each bill we asked about included multiple passages that matched model legislatio­n nearly verbatim. Almost all of the sponsors defended the practice of copying model legislatio­n or had no opinion of it.

“The ideas have to come from somewhere,” said Cliff Bentz, a Republican state senator in Oregon.

Solution in search of a problem

“Countless American lives will be saved … I don’t want to say thousands because I think it’s going to be much more – hundreds of thousands,” President Donald Trump said at a signing ceremony for the national Right to Try bill in May 2018. “It is such a great name. From the first day I loved it. It’s so perfect: Right. To. Try.”

With the stroke of a pen, Trump made a bill that had circulated in statehouse­s for four years the most successful copycat bill in history. Not only did it pass in 41 states, but it also had conquered Congress.

The version passed by Congress allows terminally ill patients a right to try experiment­al medication­s not been fully approved by the Food and Drug Administra­tion.

The bill’s title left the public with the impression it was spurred by a groundswel­l of patients demanding treatment. Instead, it was a focus-group-tested name, coined by a consultant to a forprofit company.

That corporatio­n, Cancer Treatment Centers of America, a chain focused on alternativ­e cancer treatments, wanted access to experiment­al drugs.

Right to Try illustrate­s another finding of USA TODAY’s investigat­ion: Some copycat bills amount to little more than marketing and posturing, with organizati­ons behind them offering a solution to a perceived problem with little or no measurable impact.

The point is seemingly to score political points, draw attention to the organizati­on behind the model, and raise money off the effort.

Former Goldwater President Darcy Olsen parlayed this campaign into the book “Right to Try.” In it, she said Cancer Treatment Centers of America approached Goldwater for help addressing a “national medical emergency”: the government blocking terminally ill patients from receiving potential lifesaving treatments.

When asked, Goldwater could not produce any of those patients.

Alison Bateman-House, an assistant professor of medical ethics at New York University’s Langone Health, said Right to Try is “an effort to address a problem that did not actually exist” because patients have been able to access experiment­al drugs since the 1970s.

“The Goldwater Institute was taking advantage of a very heart-rending and sympatheti­c issue to push for their pet policy, which is basically to roll back regulation­s,” Bateman-House said. “They did pick a winner of a name . ... Unfortunat­ely, it’s a lie.”

The will of the people?

For Susan Edwards, it seemed like a godsend when Arizona lawmakers introduced a bill to create a new kind of school voucher for students with disabiliti­es.

With the extra money – funded by dollars taken from a recipient’s local district school – the airline pilot and mother of two children on the autism spectrum could send her kids to a private school where they would receive specialize­d attention they wouldn’t get elsewhere.

With a sympatheti­c group of students as the face of the legislatio­n, Democrats and Republican­s rallied behind the 2011 bill, which borrowed language from the Goldwater Institute, ALEC and American Federation for Children, the pro-school-choice group founded by Education Secretary Betsy DeVos.

Edwards’ opinion of the program, however, would change drasticall­y as legislator­s introduced bill after bill to expand the program to more students, culminatin­g in lawmakers approving it for all students.

None of those bills guaranteed that Edwards’ sons could keep their vouchers as more students were added. She didn’t know at the time that lawmakers were drawing their ideas from ALEC and other groups’ model bills.

Edwards said she realized in retrospect that students with disabiliti­es were used as a Trojan horse to put on the legislativ­e agenda a fringe idea that was part of a much bigger campaign. In the years that followed, 19 other state legislatur­es debated 93 nearly identical proposals. They became law in Florida, Mississipp­i, Nevada, North Carolina and Tennessee.

“Every single, little expansion, if you look at who’s behind it, it is the people that want to get that door kicked open for private religious education,” Edwards said. “All we (families with disabled students) are was the way for them to crack open the door.”

On Election Day 2018, Arizona rejected universal vouchers by a 65-35 margin.

But that was only the most recent example of model legislatio­n that didn’t reflect the will of voters, USA TODAY found. Model-bill factories have increasing­ly proposed what are known as “preemption” bills, which prevent counties, cities and towns from enacting certain laws favored by their constituen­ts. Preemption bills, in effect, allow state legislator­s to dictate to city councils and county governing boards what they can and cannot do within their jurisdicti­on.

USA TODAY’s algorithm found more than 100 such bills had been introduced on an expanding array of topics.

Kansas stopped local efforts to require restaurant­s to list calories on their menus. Arizona and New Hampshire prevented regulation­s on home rentals. Airbnb has lobbied against home-sharing restrictio­ns, often with the Goldwater Institute’s assistance. Others prevented local government­s from raising the minimum wage, banning plastic grocery bags and destroying guns.

Said Dawn Penich-Thacker, who helped overturn Arizona’s universal vouchers with a public vote: “There’s real ... hypocrisy in many of these socalled conservati­ve legislator­s trying to rip away local control when they preached for years that a government that’s closest to you ... is most responsive to you.”

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 ?? TIMOTHY HURST/USA TODAY NETWORK ?? Chris Winokur’s husband, Bob, died of mesothelio­ma. She says a “model” bill has hindered efforts to hold anyone accountabl­e for his asbestos exposure.
TIMOTHY HURST/USA TODAY NETWORK Chris Winokur’s husband, Bob, died of mesothelio­ma. She says a “model” bill has hindered efforts to hold anyone accountabl­e for his asbestos exposure.
 ??  ?? Murt
Murt
 ?? PATRICK BREEN/USA TODAY NETWORK ?? Susan Edwards of Tempe, Ariz., had hoped legislatio­n would help her get help for her son, who has autism.
PATRICK BREEN/USA TODAY NETWORK Susan Edwards of Tempe, Ariz., had hoped legislatio­n would help her get help for her son, who has autism.

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