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Monday, July 9, 2012

Didya Hear the One About the ALEC Lobbyist?

Now with two formal complaints to the IRS to revoke ALEC’s 501c3 status, it seemed fitting to take a look at a couple of things.

First, a couple of definitions of the word lobbyist.

I love this definition – because it comes from the nonprofit handbook presented by the Minnesota Council of  NonProfits Definition of Lobbying Under Federal Law

Lobbying is defined by federal tax law as any attempt to influence specific legislation. Legislation means a bill that has been introduced, or a proposal that may be introduced in any legislative body such as a city council, state legislature or Congress.
Maybe they should have a talk with the American Legislative Exchange Council (ALEC).
General Laws of Massachusetts; Chapter 3: The General Court;  Section 39 Definitions
LEGISLATIVE LOBBYING: any act to promote, oppose, influence or attempt to influence legislation, or to promote, oppose or influence the governor's approval or veto thereof including, without limitation, any action to influence the introduction, sponsorship, consideration, action or non-action with respect to any legislation; provided further, that legislative lobbying shall include acts to influence or attempt to influence the decision of any officer or employee of a city or town when those acts are intended to carry out a common purpose with legislative lobbying at the state level; and provided further, that legislative lobbying shall include strategizing, planning and research if performed in connection with or for use in an actual communication with a government employee;

Based on definitions such as those – I have always viewed ALEC as an organization that facilitates legislative lobbying and I truly believe that ALEC – in an attempt to push the ALEC extremist right wing agenda  “acts to influence or attempt to influence the decision of any officer”.

You see – ALEC legislation is not about a national agenda – it is about an ALEC agenda. 

ALEC has set up the perfect scam – in which they push their political agenda (extremist right-wing conservatism) on the US through the use of a shell/con game where corporations buy off and influence state, and I believe, federal legislators.

Next, you have to recognize and deal with – from a truly non-ALEC perspective the people who introduce new legislation at ALEC secret meetings – the corporate representatives who write and present “model” legislation – that neither you nor I know anything about or want.

Let’s take a look at a couple of those “corporate representatives”. (Special thanks to Common Cause for sharing their task force documents with the whole world.)

Civil Justice Task Force Meeting
Spring Task Force Summit | The Westin Charlotte | Charlotte, North Carolina
May 11, 2012 | 1:00 p.m.-5:00 p.m.

DISCUSSION & VOTE: Resolution in Support of Strengthening the Medicare Secondary Payer System
Eric Goldberg, American Insurance Association
Charlie Ross, Wise Carter Child and Caraway, PA; Civil Justice Task Force Advisor

Eric Goldberg is a registered lobbyist for the American Insurance Association
  In Washington DC  - 2011

Charlie Ross is a lawyer.
The firm he works for practices in many areas of regulation -
Public Law & Policy
Wise Carter attorneys routinely represent corporations and trade associations, non-profit organizations and government entities in all facets of public law and policy.   

We have established access and credibility with federal and state legislative agencies and regulatory decision makers. This helps us advocate on our clients' behalf while practicing the best possible law regarding the relevant issues.

Hmmmmmmmmmmmmmmm.
Is policy really different than legislation?  …   really thin line in a gray area of governmental influence semantics.

“Multiple Award Schedule Contracts Act”
Mr. Thom Iles, John Deere & Company

Thom Iles is a registered lobbyist for John Deere & Company
  In Iowa  - 2009

Commerce, Insurance and Economic Development Task Force
2011 States and Nation Policy Summit
December 1, 2011

“Resolution on the Misapplication of Employee Classification Laws” – by Mr.
Wayne Weikel, International Franchise Association
Motion to adopt the model resolution; passed the public sector unanimously;
passed the private sector unanimously; Resolution Passed.

Wayne Weikel is a registered lobbyist for International Franchise Association
  In Massachusetts  - 2011


Health and Human Services Task Force Meeting
ALEC’s 37th Annual Meeting
Saturday, August 7, 2010
Meeting Minutes

HHS Task Force Members considered the Medication Therapy Management Services Act, sponsored by North Carolina Representative Jeff Barnhart and Gaspar Laca of GlaxoSmithKline.


  In New Mexico  - 2010
HHS Task Force members considered the Resolution on Point of Service Reimbursement, sponsored by Libby Brunsvold of AstraZeneca/MedImmune. After discussion, the Resolution on Point of Service Reimbursement was tabled.

  In Illinois  - 2012

  In Ohio – in 2010 as an executive lobbyist

  In Kentucky – in 2012 as an executive agency lobbyist

Health and Human Services Task Force Meeting
ALEC’s 2011 Spring Task Force Summit
Friday, April 29, 2011
12:30 – 5:00 p.m.
Hilton Cincinnati Netherland Plaza

Potential Model Legislation:

Amendments to ALEC’s Health Care Sharing Ministries Freedom to Share Act, sponsored by Joe Guarino, Alliance of Health Care Sharing Ministries

Joe Guarino works for Jag Consultingthe lobbyist firm that represents Alliance of Health Care Sharing Ministries


Health and Human Services Task Force Meeting
ALEC’s 2012 Spring Task Force Summit
Friday, May 11, 2012 • 2:00-5:15 p.m. • Grand Ballroom D
TENTATIVE AGENDA

Potential Model Legislation (in order of submission):
Physician and Patient Freedom of Vaccine Choice Act, sponsored by Don Stecher, Novartis Pharmaceuticals

Don Stecher is a registered lobbyist  for Novartis Pharmaceuticals
  In Washington  - 2012

Health and Human Services Task Force Meeting
ALEC’s 2011 States and Nation Policy Summit
Friday, December 2, 2011
2:00-5:00 p.m.
TENTATIVE AGENDA

Potential Model Legislation (in order of submission):
Standards for Health Care Communication Act, sponsored by Josh Brown, Pfizer

  In North Carolina  - 2011                   (p.98)


Interesting tidbit about Josh Brown:
CCA exec leaving to start own firm
Josh Brown, senior director of government relations for Corrections Corporation of America, will be leaving his post to start a new lobbying/government relations firm beginning January 1, 2008.

Brown joined CCA in April 2003 and managed the company's contracts with the states of Tennessee, Washington, Colorado, Wyoming and Idaho. Before that he spent six years as an executive assistant to Governor Don Sundquist and was director of government affairs for New Century Technology prior to serving the state.

A graduate of David Lipscomb University, Brown's new firm will be "strategically alligned" with Johnson Poss Government Relations, and will share office space with them. Johnson Poss is headed by well known lobbyists Bo Johnson and Nathan Poss. The firms will work together for some clients on legislative issues in Tennessee, such as CCA, while Brown will have his own client roster in Tennessee and other states. One of Brown's clients will be Pfizer.

So not only is he a current registered lobbyist.
He previously worked for a lobbying firm representing two ALEC corporate profit members – Pfizer and CCA.
AND before that he worked for CCA as their lobbyist.


Hmmmmmmmmmmmmmmmmm.


In addition to these folks –
I found a lot of other ALEC “corporate representatives” who introduce new ALEC legislation - who were previously registered as lobbyists with companies other than the one they were representing at ALEC.  My opinion  - once a lobbyist – always a lobbyist – regardless of the company profit logo you are wearing on your lapel pin. 

And I found a lot of ALEC “corporate representatives” who introduce new ALEC legislation - who worked for law firm and public relations firms that specialize in “governmental relations" – is that another fancy fandangled term for lobbying?

A trusted friend emailed me after reading this entry and suggested that I remind folks that - ALEC (from me - ALEC paid staff and advisors)  openly appears before legislative committees (state and fed) to lobby for their model legislation(s) and/or against proposed legislation under consideration that they oppose,  In addition, ALEC presents amicus briefs before state, federal courts and SCOTUS to push issue under consideration that they oppose.

So the question becomes
Didya hear the one about the ALEC Corporate profit sector member lobbyist at the ALEC meeting?
  They came to the ALEC meeting with legislation they had written.
  Once ALEC passed the legislation that the lobbyist had written  …

  Then an ALEC state legislator introduces the ALEC "model" legislation
  Written by the ALEC Profit Sector Member Lobbyist

  Then the ALEC Profit Sector Member Lobbyist
   goes to the state legislature and lobbies them
  To pass the legislation that the lobbyist wrote for the ALEC meeting.

Double whammy – and who gets screwed because of the American Legislative Exchange Council (ALEC)?
You and me – cause we can’t afford lobbyists.

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