USA TODAY US Edition

‘Copycat’ bills

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State legislatur­es surrender responsibi­lities to special interests.

States, it is said, are the laboratori­es of democracy. With 50 of them experiment­ing with different approaches to everything from education to litter control, one or more are apt to stumble onto some good ideas, which can filter to other states or to Washington, D.C.

These days, however, states are less the laboratori­es of democracy than the playground­s of special interests. That is certainly the impression you get from an investigat­ive report by USA TODAY, The Arizona Republic and the Center for Public Integrity. It exposed how many of the laws that state legislatur­es enacted had been written by special interest groups and then adopted by multiple states with little or no changes.

The report found that at least 10,000 bills nationwide were almost entirely copied from models, and more than 2,100 were signed into law in the past eight years. If state legislator­s took the same approach to their speeches, they’d be accused of plagiarism.

Some of these copycat laws were written by progressiv­e groups pushing issues like gun control. Some were authored by groups that are hard to categorize. But the great majority were the work of corporate interests, such as auto dealers, and conservati­ve groups.

One prominent source of “model” bills, the decades-old American Legislativ­e Exchange Council, promotes a broad array of conservati­ve and probusines­s legislatio­n, as well as some measures that are purely partisan, such as efforts to restrict voting. Another such group is the Goldwater Institute, named for the late senator and presidenti­al candidate, which also works on a variety of causes but has a special interest in school vouchers and charter schools.

Often, the legislativ­e handiwork of these groups comes with names that sound like they’re straight from George Orwell’s pen. For example, the HOPE Act, introduced in nine state legislatur­es, was written by a conservati­ve advocacy group and made it harder to qualify for food stamps. The Asbestos Transparen­cy Act was the work of corporate interests that made it more difficult for victims to recoup money.

Many of the copycat laws are not only generic, they also are blatant power grabs designed to override the will of the people. Urban communitie­s typically are more progressiv­e than the states in which they are located. Business groups upset by, say, a city’s hike in the minimum wage or ban on plastic bags simply run to the state capitol to have it undone.

Conservati­ve groups have often been the champions of local government, seeing it as more noble and closer to the people than the politician­s and bureaucrat­s in far off Washington, so their role in neutering municipal autonomy comes with an abundance of irony. What to do?

Any individual or institutio­n has a right to petition government, including drafting proposed legislatio­n. Trying to ban the practice of copy-and-paste legislatin­g is probably as unconstitu­tional as it is unwise.

Even so, voters have a right to know who actually wrote the bills under considerat­ion, and whether those bills are identical in whole or in part to measures enacted or under considerat­ion in other states.

The best remedy is transparen­cy — requiring lawmakers to fully disclose the origins of the measures that they’re introducin­g.

State legislator­s are supposed to carefully debate bills tailor-made for their special circumstan­ces. It should not take a lengthy investigat­ive report — powered by the equivalent of 150 computers running nonstop for months — to reveal that they are outsourcin­g their jobs to special interests.

 ?? ANDREA BRUNTY, THE ARIZONA REPUBLIC ??
ANDREA BRUNTY, THE ARIZONA REPUBLIC

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