Key Terms: watchdog, special interests, federalism, biased pluralism
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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 so-called “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 Republic found at least 10,000 bills almost entirely copied from model legislation were introduced nationwide in the past eight years, and more than 2,100 of those bills were signed into law.
The investigation examined nearly 1 million bills in all 50 states and Congress using a computer algorithm developed to detect similarities in language. That search – powered by the equivalent of 150 computers that ran nonstop for months – compared known model legislation with bills introduced by lawmakers.
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.
Model bills passed into law 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.
In all, these 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.
The investigation reveals that fill-in-the-blank bills have in some states supplanted the traditional approach of writing legislation from scratch. They have become so intertwined with the lawmaking process that the nation’s top sponsor of copycat legislation, a member of the Pennsylvania General 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. those bills across the country.
