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Progress in the States A Report on Proactive, Progressive Victories in 2006 The Center for Policy Alternatives (CPA) is the nation's only nonpartisan nonprofit organization working to strengthen the capacity of state legislators to lead and achieve progressive change. Founded in 1975, CPA is a 501(c)(3) nonprofit, supported by foundations, unions, corporations and individuals. For additional copies of this report and all other inquiries, please contact: Center for Policy Alternatives 1875 Connecticut Avenue NW, Suite 710 Washington, DC 20009 Phone: (202) 387-6030 Fax: (202) 387-8529 Email: [email protected] This report is also available on CPA's website at www.stateaction.org/2006victories.pdf Copyright © 2006 Center for Policy Alternatives ISBN 0-89788-206-7 1 Executive Summary 2 Business & Labor 3 Consumer Protection 5 Civil Rights & Liberties 5 Budgets & Taxation 6 Criminal Justice 7 Education 8 Health 10 Environment 12 Elections 13 Housing 13 Workforce Investments Editor: Contributing Editors: Designer: Rachel Balick Arlet Abrahamian Amy Chou Bernie Horn Executive Summary uring the 1980s and 90s, conservatives invested a • Ethics Reform—In response to the Jack Abramoff scan- D great deal of time and money to win state policy bat- dal, nine states (CO, ID, IN, LA, NH, NM, NY, PA, TN) tles. They spent far more than progressives to organize enacted a wide variety of ethics regulations designed to limit lobbyists and court state legislators. They promoted a con- the influence of special interests in both lobbying and cam- sistent agenda across the states and were quite successful in paigns. keeping progressives on the defensive. • Smoke-Free Mandates—Six states (AK, CO, IL, LA, But recently, there has been a perceptible shift. The Center SD, UT) enacted smoke-free workplaces legislation and two for Policy Alternatives (CPA) and allied groups have helped states (AR, LA) mandated smoke-free cars. Over a very short progressive state legislators and advocates become better period, ten states have banned smoking in nearly all indoor coordinated, more strategic, and more proactive. workplaces, including restaurants and bars, and seven states have banned smoking in workplaces other than bars. As a result, progressive solutions are winning in the states. This report lists 200 proactive, progressive state measures • Health Care For All—Two states (MA, VT) enacted his- that became law between January and July 2006. toric legislation this year, seeking to ensure that nearly all residents have health insurance coverage. Also in 2006, Among the highlights: Maryland became the first state to enact a “play or pay” • Minimum Wage—So far in 2006, nine states (AR, DE, healthcare requirement for large employers called the Fair ME, MD, MI, NC, PA, RI, WV) have increased the mini- Share Health Care Act. mum wage, and several more are likely to act by referendum Progressives are winning battles even in “red” states. this fall. Over the past two years, the minimum wage has Nebraska reformed the juvenile detention process, enacted been progressives’ sharpest “wedge” issue. Thanks to the an Earned Income Tax Credit, and permitted undocument- states, more than half of Americans now live in jurisdictions ed immigrants to pay in-state tuition rates at state colleges. with a minimum wage above the federal level. Utah protected gay residents from hate crimes and created a • Identity Theft Protection—Identity theft has reached program to reduce mercury poisoning. Wyoming directed epidemic levels and, instead of helping, the federal govern- that one program provide free immunizations to uninsured ment is part of the problem. So state legislators have taken children and another develop quality childcare facilities the lead this year, enacting identity theft protections in 19 across the state. Arkansas increased school funding and states (AL, CO, DE, FL, HI, IL, IN, KS, KY, ME, NH, teacher pay. NY, OK, PA, SD, UT, VT, WA, WI). Progressives will regain a measure of power in our nation’s • Energy Efficiency and Renewable Energy—In capital—perhaps as soon as 2007. When that happens, new response to skyrocketing energy costs and the absence of majority leaders and committee chairpersons will look to federal leadership, four states (HI, NJ, VT, WA) passed laws the states for policies that have been proven to work. There this year mandating a variety of energy efficiency practices, is no doubt that the national policies of tomorrow are being three states (HI, UT, WI) implemented “green buildings” enacted in the states today. provisions that reduce energy consumption, and six states (IA, LA, MO, NM, SD, WA) created programs to encour- age the use of renewable energy sources. The Center for Policy Alternatives (CPA) is proud that CPA is also proud to acknowledge legislators who are about 55 percent of the progressive laws enacted this alumni of CPA's Flemming Leadership Institute. year are promoted in the 2006 edition of its policy Although only three percent of legislators are Flemming handbook, the Progressive Agenda, and on its website, Fellows, they are sponsors of nearly 10 percent of the www.stateaction.org. Such measures are designated proactive victories won this year. with a in this report. Progress in the States 1 Business & Labor Collective Bargaining – Washington Minimum Wage – North Carolina HB 2353, Rep. Eric Pettigrew HB 2174, Rep. Pricey Harrison Allows in-home child care workers to collectively bargain Raises the minimum wage from $5.15 to $6.15 on January with the state. 1, 2007. Corporate Accountability – Iowa Minimum Wage – Pennsylvania SB 2410, Government Oversight Committee SB 1090, Sen. Christine Tartaglione Requires accountability provisions in government service Raises the minimum wage for businesses with more than contracts, establishes a whistleblower board, and makes ten employees to $6.25 on January 1, 2007 and to $7.15 on penalties applicable to violaters. July 1, 2007. A slower increase will affect businesses with fewer than ten employees. International Trade Agreements – Utah HB 39, Rep. Sheryl Allen (Flemming Fellow 1997) Minimum Wage – Rhode Island Creates an 11-member commission to study the impact of HB 6718, Rep. Charlotte Lima trade agreements on state policy. Raises the minimum wage to $7.10 on March 1, 2006 and again to $7.40 on January 1, 2007. Minimum Wage – Arkansas SB 11/HB 1033, Sen. Jack Critcher and Rep. Benny Petrus Minimum Wage – West Virginia Raises the state’s minimum wage from $5.15 to $6.25 an HB 4023, Del. Bonnie Brown hour. Increases the state minimum wage to $5.85 per hour on July 1, 2006, to $6.55 on July 1, 2007, and to $7.25 on July 1, Minimum Wage – Delaware 2008 for about one in four minimum wage employees. SB 62, Sen. Robert I. Marshall Increases the minimum wage to $6.65 on January 1, 2007 Unemployment Insurance – Washington and to $7.15 on January 1, 2008. SB 6885, Sen. Jeanne Kohl-Welles (Flemming Fellow 1999) Eliminates provisions that disproportionately reduce bene- Minimum Wage – Maine fits for women, people of color and low-income workers. LD 235, Rep. John Tuttle Increases the minimum wage to $6.75 on October 1, 2006 and to $7.00 on October 1, 2007. Minimum Wage – Maryland HB 391, Del. Dereck Davis Overrides a governor’s veto to raise Maryland’s minimum wage to $6.15 per hour. Minimum Wage – Michigan SB 318, Sen. Raymond Basham Raises the minimum wage from $5.15 to $6.95 in October 2006, to $7.15 in July 2007, and to $7.40 in July 2008. 2 Progress in the States Consumer Protection Banking Consumer Protection – Illinois Identity Theft Protection – Delaware HB 4345, Rep. Daniel Burke and Sen. Jacqueline Collins SB 109, Sen. Robert Venables Prohibits lending organizations from misleading consumers Allows consumers to place a security freeze on their credit by using names that are similar to those of a bank or savings reports. and loan association. Identity Theft Protection – Florida Eminent Domain – South Carolina HB 37, Rep. Sandra Adams SB 1029, Sen. George Campsen Allows consumers to place a security freeze on their credit Creates a committee to study eminent domain’s use and reports. application. Identity Theft Protection – Hawaii Fire-Safe Cigarettes – New Hampshire SB 2159, Sen. Carol Fukunaga/SB 2290, SB 2292, SB 2293, HB 645, Rep. E. Albert Weare Sen. Robert Bunda/HB 1871, Rep. Roy Takumi (Flemming Fellow 1996)/ Requires that cigarettes sold in the state must be “fire safer.” HB 3244, Rep. Sylvia Luke Defines identity theft as a felony; requires commercial enti- Gift Cards – Nebraska ties to notify individuals if their personal data has been lost LB 173, Sen. Carol Hudkins or stolen, comply with certain measures in the disposal of Discourages the use of expiration dates and service fees for materials that contain personal information, and restrict the gift cards. disclosure of social security numbers to the general public; Gift Cards – Ohio allows victims of identity theft to place a security freeze on their credit reports; establishes Identity Theft Task Force. SB 33, Sen. Robert Spada Requires that gift cards not expire and service charges not Identity Theft Protection – Illinois reduce the card’s value for at least two years. SB 2310, Sen. John Cullerton Gift Cards – Oklahoma Allows the victims of identity theft to place a security freeze on their credit reports. HB 2635, Rep. Terry Ingmire and Rep. Mike Shelton Requires that gift cards not expire or incur service fees for at Identity Theft Protection – Indiana least 60 days, and mandates that unless an expiration date is HB 1101, Rep. Jackie Walorski clearly printed on the card, it shall not expire. Requires commercial entities to notify individuals if their Identity Theft Protection – Alabama personal data has been lost or stolen. HB 95, Rep. Steve Hurst/SB 68, Sen.