Florida

IN THE STATES: Health Reform Wrap-Up

Joanne Kenen — Thu, 08 May 2008 20:16:00 -0400

Lots of health reform activity recently in states. Here's some help in catching up:

Connecticut. The state legislature has approved a Democratic bill permitting municipalities, nonprofits, and small businesses to join the state employee health insurance pool. Unclear whether Gov. Jodi Rell will support it. Some leading Republicans object to a "government-run" health system, while Democrats and labor backers say the greater buying power of the pool will save municipalities money. Not a comprehensive solution but we'll be interested in watching how this plays out.

Alabama. We posted a few weeks ago about Birmingham's plan to cover children—which we confess was a pleasant surprise to us given the state's history, poverty, and health status. Now we see the state has a new $3 million, five-year grant for the University of Alabama's initiative to reduce health disparities among older blacks.

"It's a huge agenda...There's lots of work to be done," said Dr. Richard Allman, who will head the new Deep South Resource Center for Minority Aging Research, noting that the elderly black rural population is growing fast. The program will start with a focus on three areas—how to help families make decisions about nursing home services, social support for patients with chronic heart failure, and cytomegalovirus infections in older blacks.

Minnesota. The legislature has approved a bill that would stop a hospital from using a patient's medical debt history to decide whether to treat the patient. The governor is expected to sign it.

"It hasn't been a problem here yet, but we do know that some companies were working on gathering that information to sell to health care providers," state Sen. Linda Scheid told the Star Tribune.

Under the bill, a health care provider can't share or obtain medical debt information about a patient seeking care until after the care is delivered.

Florida. This is the biggie, and the devil is in the details, which have yet to be figured out.

With nearly 4 million uninsured, Florida has one of the highest rates of uninsured in the nation, a bit more than 20 percent. Republican Governor Charlie Crist pushed hard this year for an affordable alternative health plan that people can purchase in the individual market, and state legislators gave him much of what he wanted.

The plans will be free of most state coverage mandates and regulations, and will be "no frills." And that's what we worry about. We appreciate Crist's effort to act—and the financial limits his state faces. And he's said the plan will cover prescription drugs, screening, even mental health. But for $150 a month,we're not yet sure how comprehensive these benefits can be. Will the young and healthy go for bare bones plans, making prices of more traditional insurance plans even more costly for the older and sicker? The details are going to be decided by the insurers, who will negotiate with the state. Still, we're sympathetic to states who are trying to help people even in economic tough times -- and one reason we're pushing a national comprehensive solution is that we recognize the states can't do it all on their own.

We've read several state newspaper accounts, (Here, among others) and called on an expert who tracks Florida but if our readers have any insights into where the Florida program is likely to go, please free to comment.

Weekend Round Up: Voters Can't Revoke Florida Signatures; New Colorado Restrictions

Joe Mathews — Sat, 26 Apr 2008 15:08:00 -0400

NO REVOCATION IN FLORIDA: A Florida appeals court ruled that voters cannot revoke their signatures on ballot initiative petitions. The court struck down as unconstitutional a 2007 on signature revocation, saying that such revocation was not part of the state constitution and could "serve to burden" the initiative process. The context: Florida, more than any other state, has taken measures to restrict direct democracy and signature gathering--this ruling could undermine part of that move.

COLORADO BILL FOOLISHLY ATTEMPTS TO STOP OUT OF STATERS: New legislation in Colorado, which is awash in ballot initiatives, would require initiative sponsors to hire only Colorado residents. Such rules exist in other states; in Oklahoma, the attorney general is prosecuting an initiative sponsor and a signature gathering company executive for using out of staters. The problem with such legislation, as has been noted here before, is that it does not stop initiatives but merely makes the process much costlier. (Bringing in experienced, out-of-state people is far cheaper and more efficient than hiring and training local crews). When the process is more expensive, the use of the initiative is limited to the wealthiest of interests. Here's a better approach: increase penalties and step up enforcement against fraud in gathering (fake names, fake voters, etc.). And if policymakers don't want initiatives, they should be honest about it and ask the people to remove initiatives from their state constitutions. (Half the states have no initiative). But those who seek reform profess to be wanting to protect democracy. And the most democratic reform is one that politicians never offer: reducing the number of signatures required so that qualifying a ballot measure is cheaper. A lower price would open up the initiative process to more kinds of interests and groups -- and might actually reduce the use of paid signature gatherers, from in state and out of state.

ARNOLD AGAINST FIRST OF TWO EMINENT DOMAIN MEASURES: Gov. Schwarzenegger announced Friday that he opposes Prop 98, the first of the two competiting eminent domain initiatives on the June California ballot. Prop 98 is backed by conservatives, including anti-tax groups, and includes a broad ban on eminent domain for private development. It also would all but eliminate rent control. In taking this position, Schwarzenegger sided with county and city officials, who have been near constant allies of the governor during his time in office. The governor also expressed concern that the initiative would make it difficult to condemn land for infrastructure, particularly water-related infrastructure. Schwarzenegger's statement was silent on Prop 99, the counter-initiative that the cities have qualified that includes far less onerous restrictions on eminent domain. The measure is designed largely to help them defeat Prop. 98.

RUNNER TURN IN: Sponsors of the "safe neighborhoods" initiative, billed as an anti-gang measure, announced that they have turned in signatures to qualify for the November ballot. The Fresno Bee has a report.

UNION DUES: Jon Fleischman at the Flash Report says a judge's ruling that SEIU improperly obtained and spent about $3 million from non-members to fight Schwarzenegger's 2005 special election initiatives is a good ruling, but comes far too late.

On the Street: A Comprehensive Report

Joe Mathews — Fri, 04 Apr 2008 14:44:00 -0400

UPDATED APRIL 4 After two nights of contacting gatherers and reading initiatives from all over the country (AND SOME EXCELLENT CORRECTIONS ON ARKANSAS AND MICHIGAN FROM Ballotpedia), here's my report on what's "on the street" and circulating in this great democratic land of ours. Please let me know if you think I'm missing important measures. For a more progressive take and focus, you can look at the Ballot Initiative Strategy Center's issues map.

THE GOLDEN STATE: California leads the way, with 52 measures circulating as of April 2 (and more to come, almost certainly). The whole list is here. "We're drowning," the owner of one signature gathering firm told me Thursday. About a dozen seem to have funding to get on signature gatherers' clipboards. Two new initiatives (one that would remove a prohibition on discrimination based on sexual orientation in schools, another a tobacco tax hike to pay for children's health insurance) were titled and approved for circulation Tuesday. They join three new measures -- one banning abortion, one banning stem cell research and the other banning cloning -- that also were recently approved for circulation, though such socially conservative measures typically have trouble attracting the money to qualify for the ballot in California.

ARIZONA wins the award for most circulating initiatives per capita, with 37 measures, 19 of them constitutional amendments and 18 initiative statutes. Reading the list, one gets the impression that Arizonans are so angry that they may leave the country, raising the question of whether John McCain will be eligible to be president. There are measures to maintain initiative rights (which legislators have talked about limiting), roll back taxes (the sponsors have names like Arizona Tax Revolt and Prop 13 Arizona). The blockbuster democracy industry is closely watching one initiative statute that would allow petitions to be circulated via the Internet; industry types tend to like the idea, in that it would control costs, but signature gatherers worry about being cut out of the street action. My personal favorite: an initiative that would require two witnesses before a crime might be prosecuted. There's also an initiative, sponsored by a group calling itself Arizona Tea Party, that would require someone who testifies falsely against another person in court to receive the same punishment that the accused would have received. And you wonder why they called it the Wild West.

In OREGON, 40 measures are listed as formally approved to circulate for the 2008 ballot, but the deadlines and energy for most of those have long passed. The most important measure currently on the street, according to signature gatherers is naturally an initiative that protects the rights of signature gatherers, by limiting the ability of the state to regulate them. (Oregon has been one of a handful of states to try to limit paid signature-gathering). The initiative also would permit ballot initiatives to be considered at primary elections as well as at general elections. Among the dozen or so measures currently on gatherers' clipboards in the Beaver State are initiatives that would create a renewable energy commission, alter the medical marijuana laws, establish a non-partisan or open primary, and prohibits legislators from receiving public pensions.

WASHINGTON is having a big year, with 43 measures filed, numbered and titled for circulation. (Two were approved for circulation and withdrawn; two more have been filed but are not ready for circulation). With some of those filings being different versions of the same measure, signature gatherers say they've seen as many as 18 petitions on clipboards there. The assisted suicide measure sponsored by former Gov. Booth Gardner is getting the most attention. But there are multiple measures dealing with traffic, elections, and taxes. Here's the full list. Anything new and different? How about an initiative that would set aside public funds to pay for embryo transfers as an alternative to abortion? Or an initiative that would make it a crime to lie about war? Those two initiatives have the same author, a frequent initiative filer and Tacoma CAT scan technician named David Henshaw. There's also a measure that would prevent employers from firing cocktail waitresses who refuse to serve alcohol to pregnant women.

NEVADA has 8 measures currently circulating officially, but the two attempts to raise taxes on gaming have been dropped, as has an education initiative.

MISSOURI has 20 measures approved for circulation, including Ward Connerly's anti-affirmative action measure and initiatives on renewable energy, a union-backed measure on the home health care workforce, an initiative to expand eligibility for children's health insurance, and another of the so-called "paycheck protection" measures which require employees to give their written permission before money from their paycheck is used for political purposes.

ARKANSAS (updated April 4): Initiatives to institute a state lottery and ban adoption by same-sex couples are circulating. Thanks again to Ballotpedia.

MICHIGAN (updated April 4) has nine measures currently circulating, including legalization of marijuana use and cultivation on private property, a universal health care plan, an individual education accounts for children proposal, two tax measures, and two part-time legislature plans.

COLORADO: 82 measures (updated 97) were filed for the 07-08 cycle, but only five are currently circulating. Signatures on the Ward Connerly measure were turned in last month. Among the few circulating are: a payroll deduction measure, restrictions on campaign contributions by government contractors, and judicial term limits. Under the category of comedy, initiatives to impeach former President Clinton are making their way through the process. Can you impeach a former president?

FLORIDA: 52 measures remain officially active, but signature gatherers say the street is dry in Florida. There likely will be only two measures on the November ballot -- one that would give the legislature power to regulate the land ownership of undocumented immigrants, and another prohibiting gay marriage.

ALASKA: In the only state where the lieutenant governor is in charge of initiatives, it's already late in the signature gathering season. (Alaskans favor summer elections--the next is in August -- because it's dark half the year). Here's a list of measures; the viables ones -- clean water, clean government, public finance -- have already submitted petitions. Readers of this blog know all about the measure to stop wolves from being shot from the air.

MAINE: 10 measures have been circulating (here's the list), though a newspaper editor there tells me that only a handful are on the street. One measure would allow a casino in Oxford County, another would make the real estate Multiple Listing Service a public document.

IDAHO: Yes, they've got wolves, and an initiative that calls for their removal. It's one of three initiatives circulating. The others would make it easier to sue judges and others for their official duties, and would ban the building of new coal-fired and nuclear plants.

MONTANA: Three measures are out there. One is a property tax limitation, a constitutional amendment Another is a "personhood" measure, a constituional amendment -- and part of a new class of anti-abortion, anti-stem cell measures that seeks to define anything from a fertilized embryo on up as a human being. The third is an initiative statute to ease eligibility for a children's health insurance program.

NORTH DAKOTA: Six measures are pending, though the measures regulating hunting and school superintendents (wild game of another kind) seem to be the ones headed to the ballot.

SOUTH DAKOTA: Only one measure, a referendum of legislation relating to the eminent domain powers of railroads, is still circulating. Six measures -- almost all having to do with political reform -- already have made the 2008 ballot.

OHIO: Has a casino measure circulating, according to gatherers. Ballotpedia also lists a sick leave measure in circulation. The Ohio Ballot Board lists four measures that it has considered.

NEBRASKA: There have been four filings: the Connerly affirmative action ban, two measures that involve municipal annexations, and a telecom initiative.

QUIET ON THE STREETS (as far as I can determine) in New Mexico (which has the referendum but not the initiative), Illinois, Massachusetts (where the deadline was last November for submitting signatures on initiatives in the two-part process that gives the legislature a chance to weigh in first), Mississippi, Utah (where 2007 was the big referendum year), Wyoming (where the filing deadline came and went in February), and Oklahoma (where signatures on the anti-affirmative action initiative were turned in late last year).

Round Up: Crackdown on Signature Gatherers?

Joe Mathews — Wed, 26 Mar 2008 12:54:00 -0400

CRACKDOWN ON SIGNATURE GATHERERS? The Contra Costa Times has this item in praise of a bill that will attempt to hold initiative sponsors liable for misstatements and misrepresentations made by signature gatherers. One wonders if the sponsor has met any signature gatherers, who tend to be, shall we say, independent-minded. They often are folks who, because of their life choices, like to be paid in cash. How does one police these misrepresentations? Who decides? This bill may pass, but it seems like an outrageous criminalization of political speech that will produce nothing more than litigation.

NO EMERGING NATIONAL TREND: Those Nevada ballot initiatives -- one putting more scrutiny on government contracting, the other banning taxpayer funds from being used for lobbying -- have been withdrawn by their conservative backers. Those backers blame legal challenges by labor for slowing down qualification of the measures.

SARASOTA COUNTY: Florida is billed as a model for how to use ballot initiatives to control growth.

TWO NEW FLORIDA MEASURES: A Florida commission has added two measures to the November ballot: a tax break for businesses that operate on the water, and a measure that could ease the way for a school voucher program that included parochial schools and that had been blocked by the courts.

AFFIRMATIVE ACTION UPDATE: The Washington Post takes a look at the anti-affirmative action measures headed to the ballot in five states this fall.

FIGHTING OFF HUMANE SOCIETY: A state legislator in Colorado explains his strategy for keeping a Humane Society measure off the ballot there. (The explanation starts with the eighth paragraph of this piece).

What if They Held a Referendum, and No One Showed Up?

Joe Mathews — Fri, 14 Mar 2008 15:20:00 -0400

It happened this week in Broward County, Florida, offering the world more damning evidence that Floridians aren't to be trusted in matters of democracy. The referendum was to decide whether a 200-person neighborhood would become part of the community of Tamarac. But not one registered voter showed up. One lesson: small communities are better off holding town meetings than formal referenda.

Florida Makes Another Mess

Joe Mathews — Mon, 10 Mar 2008 15:23:00 -0400

Think Florida has made a mess out of presidential politics in this era? The state’s record is even worse when it comes to direct democracy. Florida continues to take legislative and regulatory steps that undermine the public’s right to make and reverse laws.

In this excellent piece from the Daytona Beach paper, environmental activist John Hedrick explains how Florida has set the deadline for turning in initiative petitions and for certifying signatures for the EXACT SAME DAY. Since signatures don’t count themselves, this ensures administrative chaos -- and worse. To exploit the last minute crunch of signature gathering, some groups have taken to deluging the Secretary of State’s office with signatures at the deadline to make it more difficult to count the signatures on initiatives they don’t like.