Category Archives: Public Policy and Governance

And You Thought HJR 3 Was Dumb….

Am I the only resident of the Hoosier state who cannot comprehend the priorities and prejudices–let alone the analytical abilities–of Indiana lawmakers?

It’s bad enough that the most high-profile battle of this session–HJR 3–has given the rest of the country the impression that Hoosiers are 19th Century yahoos determined to buck the headwinds of change. What’s worse is that all the high-profile jockeying to keep GLBT folks in second-class citizenship status has sucked the wind out of everything else going on–obscuring all the other stupid decisions being made at the Statehouse.

One example: HB 1351 which requires the drug testing of TANF recipients. This measure, which will cost taxpayers nearly 1.5 million in fiscal 2016-17 alone — is moving steadily through the General Assembly, despite the fact that in states that have passed such laws , like Florida, courts have held it unconstitutional–and despite the fact that very few abusers were found. (If I had to guess, I’d bet the percentage of drug abusers in the General Assembly is substantially higher than the percentage on welfare. Drugs cost money, and TANF pays $288 per month for a family of three. You try living and buying drugs on that.)

As of March 2013, there were just 26,364 individual Hoosiers receiving TANF.  Of that number, 23,128 were children. So Indiana is proposing to spend a million and a half dollars to test three thousand adults for drug abuse.

Dumb or not, this costly measure of dubious constitutionality and demonstrated ineffectiveness is speeding merrily through the process.  Meanwhile, SB 413, a bill that  would encourage TANF families to accumulate the assets they need to transition off of public assistance [and save taxpayer money], is not expected to go anywhere–despite the fact that other states that have implemented that measure have saved money and helped poor people move toward self-sufficiency.

It’s hard to escape the suspicion that our legislators not only don’t want to help poor folks–they want to punish them for being poor. One reason there are so few adults receiving TANF is that we have already made the process so difficult and demeaning that only 2.9% of impoverished Hoosiers participate.

I guess GLBT folks aren’t the only people Indiana doesn’t want.

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It’s a Lose-Lose

We all know about “win-win” situations. My husband recently pointed me to an article that epitomizes its opposite: a true “lose-lose.”

Google, Microsoft, Facebook and other silicon valley companies are heavily lobbying Congress to expand visas for foreign tech workers.

Over the objections of labour groups, these companies and their allies, including banks, IBM, Pfizer, and General Electric, have persuaded the US Senate to increase the yearly H-1B visas from 65,000 to 110,000, and as high as 300,000 under certain conditions. Foreign workers trained in science, technology and engineering are preferred to their US counterparts because, in the words of economist Ross Eisenbrey of the Economic Policy Institute, they are indentured “people who could not switch employers to improve their wages or working conditions…. Too many are paid at wages below the average for their occupation and location: over half of all H-1B guest workers [there are already 500,000 such workers] are certified for wages in the bottom quarter of the wage scale”.

Of course, bringing more workers from abroad reduces the opportunities available to America’s young scientists and engineers, many of whom, according to the article, are ” trying to find jobs commensurate with their skills.” Right now, out of the nine million Americans who have degrees in a science, technology, engineering or math (STEM) field, only three million have a job in their speciality.

Narrowing the job market for young Americans is one “lose.” The other is the brain drain on the countries from which we are importing talent.

 While the US Agency for International Development (USAID) is stressing the need for developing countries to build up their “human capital”, back in the US, the corporate powers-that-be and their political allies are undermining this tenet of US foreign economic policy.

If “human capital” means anything in the poorer areas of Africa, South America and Asia, it means civil engineers, scientists, physicians, nurses, computer and communications specialists, logistical experts, architects and entrepreneurs. They all are in short supply in these regions that have already lost so many skilled people to the West.

So let me see if I have this right: Congress has acted to reduce the options available to American young people at the same time government agencies have been encouraging them to major in STEM disciplines, in order to steal needed human capital from poor countries that desperately need to keep that talent.

In a perfect world–at least my perfect world–a more equal global economy would be characterized by open borders like those in the EU, and young people would be free to take their talents wherever they wanted. We don’t have that world, however, and this cynical policy sure won’t usher it in.

Do any of the people we elect to Congress think about what they’re doing?

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Testing…

Arguments about morality have been hurled from both directions in the fight over HJR3.  Those who want to place the ban on same-sex marriage in the state’s constitution argue that (their version of) biblical morality demands it; those of us on the other side–religious and not– define morality in terms of how we treat other people, and find HJR3 lacking.

There’s another “moral” question involved, however, and it is less often noted.

You might think of HJR 3 itself as a moral test being administered to Indiana legislators.

I have a good friend who is a lobbyist. He’s over at the statehouse every day, and–like all lobbyists–engages in constant conversations with Indiana lawmakers. He tells me that a fair number of those who can be counted on to vote for HJR3 know it is the wrong thing to do. They will admit–privately–that it will hurt Indiana, hurt children being raised in GLBT families, that it is bad public policy, and even that it is morally wrong.

But they “have to” vote for it because they represent conservative areas of the state. Because they might face a primary challenge if they vote their minds and consciences. Because it would be awkward explaining a “no” vote to their constituents.

My friend finds this understandable, if regrettable. I find it despicable.

Sometimes, life gives us hard choices. We’ve all found ourselves in situations where we have to choose between doing what we know is the right thing and doing the easy, self-serving thing.  How we act in those situations is the true test of character and morality.

Some of our legislators are truly homophobic. Others believe, for whatever reason, that gay citizens are not entitled to equal rights. They’re wrong, and most of them probably realize that they’re on the wrong side of history. But they’re voting their beliefs, however benighted I may consider those beliefs.

The truly contemptible lawmakers are the ones who know better, the ones unwilling to do what they know is right because doing so might entail some personal cost.

They fail the test. Big time.

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Stupid Is as Stupid Does….

Ah, the Indiana legislature! An inexhaustible source of blog fodder.

Yesterday, it was Brian Bosma twisting the rules in order to deny GLBT people equal rights. Today….well, remember that old adage to the effect that it is better to remain silent and be thought a fool than to open one’s mouth and remove all doubt?

There’s a legislative equivalent–an ironic twist on our usual understanding of “do nothing” legislators. Usually, we think of a “do-nothing” Congress or General Assembly as one that quite literally does nothing–doesn’t pass legislation or attend to business. (That’s not always a bad thing, either; these days, when a legislature is active, it’s as likely to be creating problems as solving them. HJR3, anyone?)

But there is another way to do nothing, and State Senator James Smith has produced a perfect example. Here is the entire text of a bill he has introduced:

Celebration of winter holidays in schools. Provides that a school corporation may: (1) instruct students about the history of traditional winter celebrations; (2) allow the use of traditional greetings concerning the celebrations; and (3) display on school property scenes or symbols associated with traditional winter celebrations if certain conditions are met and the scenes or symbols do not include a message that encourages a particular religious belief. Requires the department of education to develop guidelines to assist school corporations in developing appropriate instruction and displays.

In other words, this bill would allow schools to celebrate winter holidays in any fashion consistent with the First Amendment.

Perhaps Senator Smith’s next bill will allow us to kiss our mothers, ride a bike, or write a letter without fear of state interference?

I assume Smith’s intent is to reassure the good folks back in Mayberry or wherever that passage of this (absolutely meaningless) measure will make life harder for the atheists and non-Christians who are waging that War on Christmas that only the wingers can detect. And he’s counting on those constituents to be totally unaware of how the Constitution and legal system actually work.

Not an unreasonable assessment. Just depressing.

Of course, there’s another possibility. Perhaps the Senator actually thinks he’s legislating. In which case, he really ought to take that old adage about remaining silent to heart.
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How a Bill Shouldn’t Become a Law

Remember the old cartoon developed to teach students “how a bill becomes a law”?

A proposal is introduced. It is assigned to a committee that reviews it, hears testimony about it, and deliberates its merits. The committee then votes whether to advance the measure. If the vote is affirmative, the entire chamber votes on it.

In bicameral legislatures (those with both a House and Senate), a positive vote sends the bill to the other house, where the process is repeated.

Speaker of the House Brian Bosma is teaching young people–who are disproportionately interested in the fate of HJR 3–a different lesson.

What if a bill the Speaker really wants passed is assigned to a committee that actually does its job–a committee that deliberates based on the evidence before it and the testimony it has heard? What if that committee then concludes that the bill should be defeated?

Why, you just change the rules.

You don’t abide by the decision of the lawmakers you assigned to make that decision.  You cheat.

Speaker Brian Bosma insists that there is nothing unusual in his decision to take HJR 3 away from the committee to which it was originally assigned. And it’s true that some bills are reassigned, mostly in order to expedite the process, or because on closer examination the bill really belonged elsewhere.

In this case, the change was made for one reason only: to get the result Bosma wants. The decision he couldn’t get playing by the rules.

Even more incredibly, the Speaker has scheduled the new committee’s vote for tomorrow. The vote will be taken without the benefit of evidence or testimony–but then, as we’ve seen, the Speaker considers evidence and testimony irrelevant. The only thing committee members need to to know is what the Speaker wants them to do.

Usually, the power plays and the wheeling/dealing is done behind the scenes. This time, that wasn’t possible. This time, everyone got to see what is seldom on public display: the House leadership’s absolute contempt for democracy and the rules of fair play.

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