CPA News / December 2004 Edition
 
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2005 Progressive Agenda - Reserve Your Copy Today
Restoring the Promise of America, CPA’s fifth annual Progressive Agenda, covers 50 of the most innovative progressive solutions being debated and enacted in the states. Interested in receiving a copy? Email speri@cfpa.org.
2004 Progress in the States Report
CPA’s updated report highlights the proactive achievements of the 2004 state legislatures, proving once again that real progressive change is happening in the states. Read the report online (PDF).

Progress on Policy
Progressive Ideas for 2005
Looking for good, progressive legislation to introduce in 2005? We’ve compiled a list of our 15 favorite ideas for the coming sessions. Some are old favorites, some are brand new. In every case, however, CPA offers you up-to-date policy summaries and model legislation. Click on the icons below to download our policy brief on each issue, including model legislation.

1. Minimum wage:
Last month, voters in two “red” states, Florida and Nevada, overwhelmingly approved referendums to increase the minimum wage. The Rhode Island and New York legislatures increased their minimum wages in 2004; Illinois and Vermont enacted increases in 2003. However, only 14 states have a minimum wage above the federal level of $5.15: (AK, CA, CT, DE, FL, HI, IL, ME, MA, NY, OR, RI, VT, WA). Download

2. Overtime pay:
The Bush Administration put regulations into effect in August 2004 that deny overtime pay to millions of American workers by reclassifying them from “nonexempt” to “exempt.” In 2004, Illinois enacted a law to retain the old overtime pay eligibility rules. Today, only 19 states have laws that supersede the new federal overtime pay rules: (AK, CA, CO, CT, HI, IL, KY, MD, MN, MT, NV, NJ, NM, ND, OR, PA, WA, WV, WI). Download

3. Recording interrogations:
Then-State Senator Barack Obama sponsored a law in 2003 to require that interrogations of all juveniles and suspects in murder cases be recorded by a videotape, audiotape or digital recording device. Vermont enacted a similar law in 2004. By court order, Minnesota and Alaska have recorded interrogations for almost 20 years. Download

4. Emergency contraception:
In late 2003, two committees within the federal Food and Drug Administration (FDA) formally recommended that emergency contraception be made available over-the-counter, but the FDA rejected that recommendation in 2004. Nevertheless, states can make emergency contraception available from pharmacies without a prescription through a process called “collaborative practice.” Maine enacted a collaborative practice law in 2004, making it the sixth state (with AK, CA, HI, NM, WA) to sanction this process. Download

5. Clean cars:
There are two auto emissions standards in the United States: the one set by the U.S. Environmental Protection Agency and the one set by the California Air Resources Board. Most states have the option of adopting California’s stricter standard. In 2004, New Jersey and Connecticut adopted the California standard through legislation and Rhode Island adopted it by executive order. Altogether, seven states (CA, CT, MA, NJ, NY, RI, VT) have adopted California’s rules. Download

6. Sick leave protection:
More than 59 million Americans have no paid sick leave benefits. In addition, 86 million are unable to use sick days to care for children who are ill. Some states (CA, HI, NY, RI) have Temporary Disability Insurance laws that provide leave benefits. In addition, four states (CT, HI, MN, WA) have enacted laws since 2002 to give employees the right to use sick leave for a family member in need of personal care. Download

7. Prescription drug marketing:
In 2001, drug manufacturers spent more than $16 billion on direct marketing to doctors—more than $19,000 per physician per year—to promote the latest, most expensive brand name drugs. The result is that doctors prescribe expensive drugs, driving up costs for everyone, even when tried and true medicines would be much cheaper, just as effective, and often safer. Gifts play a major role in marketing to doctors, often including high-priced meals, trips, fees and honoraria. In 2002 and 2003, Vermont and Maine enacted laws requiring drug companies to disclose any gift to a doctor worth over $25. Download

8. Targeting tobacco:
Since 2002, 33 states have increased their tobacco taxes (AR, CT, DE, GA, ID, MT, NJ, NM, SD, WV, WY in 2003 and AL, AK, CO, MI, MT, NJ, OK, VA in 2004). Also in 2004, Massachusetts and Rhode Island became the sixth and seventh states (with CA, CT, DE, ME, NY) to enact a comprehensive statewide smoke-free workplaces law. Download

9. Tutoring standards:
The federal No Child Left Behind Act requires “failing” schools to pay hundreds of millions of dollars for after-school tutoring programs run by for-profit and nonprofit companies. Other than Illinois, almost no states have meaningful minimum standards for to require that the tutoring programs coordinate with classroom teachers, employ well-qualified tutors, and demonstrate their effectiveness through state-approved tests. Download

10. Voter protection:
The 2004 election demonstrated that voter intimidation and suppression remain all-too-common. The federal Voting Rights Act prohibits overt intimidation, but the law is rarely enforced. And federal law does not prohibit willfully fraudulent voter suppression tactics, which are now more widespread than outright intimidation. About half the states criminalize intimidation but very few address suppression by fraud. In addition, only six states (CA, CT, FL, IN, MN, NV) educate the public through a Voter’s Bill of Rights. Download

11. High road:
States give billions of dollars to private companies in the name of economic development, but those subsidies tend to encourage “low road,” low-wage, dead-end jobs. States have a limited number of programs that set standards on the use of state economic development funds; no state requires common-sense across the board minimum standards for state-subsidized jobs. Download

12. Financial privacy:
Federal law allows financial services companies to blatantly violate customers’ privacy. Those companies can share private financial information with their affiliates without any notification to customers, and can sell such information after sending a fine-print “opt-out” notice that requires customers to proactively object in order to protect their privacy. A 2004 federal court ruling affirms that states can strengthen customers’ privacy rights. California requires “opt-in” permission—customers must clearly agree in writing before their financial information can be shared or sold. Eight others states have similar, although less comprehensive, “opt-in” laws (AK, CT, IL, ME, MD, NM, ND, VT). Download

13. Language access:
More than 47 million Americans speak a language other than English at home. Over 21 million of them do not speak English well enough to easily access information and services from state agencies. A few states (CA, CT, MA, MD) now require state agencies to make their services accessible in languages other than English that are commonly spoken in those jurisdictions. Download

14. Juvenile justice:
In most states, the juvenile justice system is broken. States are adopting a variety of bills to address different aspects of the problem. New Mexico and North Dakota, for example, recently reformed juvenile detention. Louisiana, Maryland and Virginia protected juveniles’ rights to counsel in 2004. At least 45 states need to repair the system of juvenile transfers to the adult corrections system. Download

15. SUTA dumping:
SUTA stands for State Unemployment Tax Act, and SUTA dumping is a series of schemes for employers to pay lower unemployment insurance taxes than they should. In 2004, Congress enacted legislation that requires states to prohibit SUTA dumping, and at least 43 states will need to change their laws to comply. The battle will be over whether to enact the minimum protections required by Congress or get tougher on companies that evade unemployment insurance taxes. Download


You should know
CPA's Summit on the States a great success
Hope is in the states! CPA's eighth annual Summit on the States was a huge success. Former Massachusetts Governor and Presidential nominee Michael Dukakis gave a rousing keynote speech. Legislators and advocates alike filled rooms to learn about “electronic recording of interrogations,” “new directions in reproductive health,” “fiscal policy for a responsible economy,” and much more.
CPA's Annual Awards Dinner honors Malcolm, Coggs, Lipsky
CPA honored EMILY's List Founder and President Ellen Malcolm, Wisconsin State Senator G. Spencer Coggs, Demos Program Director Michael Lipsky, and the 2004 Class of Flemming Fellows, all of whom have joined us in promoting progressive change in the states.
Website of the Month:
Just in time for the holidays, CPA highlights the political gifts available at CafePress. The bipartisan merchandise includes t-shirts, buttons, and tree ornaments and is sure to bring cheer to your favorite political junkie.

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