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Legislative Intent Service, Inc. News & Notes

Some bill research does not include the Governor's file because at the time we researched the bill, the sitting Governor had not released his chaptered bill file. If the Governor's file is not included with this particular research, please contact our office (1-530-666-1917 or quote@legintent.com) and we will be happy to provide this file at no charge if it is available. Please Note: Governor files did not exist prior to 1943.

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NEWS AND NOTES



STATES ENACT HEALTH CARE REFORMS:  The U.S. Supreme court will soon issue its opinion on the constitutionality of the Patient Protection and Affordable Care Act, which extends health care coverage to millions of uninsured Americans.  Individual states have initiated their own health care reforms and have legislation pending on various specific issues arising under health care and insurance.  In 2012, a few of these states have successfully enacted the following legislation relating to reforms in health care:

  • Delaware:  Group and Blanket Health Insurance (H. 170 ), to allow qualified individuals covered by small employer plans to continue their coverage at their own cost, for up to 9 months after termination of coverage, but will have no force or effect if the Supreme Court renders the federal law unconstitutional.
  • Georgia:  Child-only policies (H. 1166 ) which establishes that as a condition of issuing health insurance coverage in the individual market that insurers must offer child-only policies during open enrollment until 2014. 
  • Kentucky:  Interstate Reciprocal Health Benefit Plan Compact (H. 265 ) – this appropriations bill will explore the feasibility of a compact with contiguous states to allow Kentucky and residents of contiguous states to purchase health benefit plan coverage among the states participating with the company to promote and protect the interest of consumers purchasing health benefit plan coverage. 
  • Oregon:  Dental Health Insurance Exchanges (S. 1509 ) provides that dentists and hygienists that meet specified requirements may practice in the state without a valid license issued by the state’s Board of Dentistry. 
  • Virginia:  Mandated Health Insurance Benefits (S. 518 ) would provide that as of 2014 health insurance plans will not be required to provide coverage for state-mandated health benefits to the extent that the benefit is not an essential benefit that is required to be covered under a qualified health plan offered within a health benefit exchange established pursuant to the federal act.


HISTORICAL COLLECTION :   After nearly 40 years of legislative research, LIS has acquired an extensive collection of historical documents, from bills, reports, committees’ files, transcripts, and studies, just to name a few.  A glimpse through a select few of these materials reveals much about the varied concerns we faced as citizens throughout the past 200 years – enjoy this fast pass through history:

1812:  The Annals of the Congress of the United States (precursor to the Congressional Record of Proceedings and Debates) summarized the discussions between the legislators, unlike today where the Congressional Record provides a verbatim transcript of the debates on the floor.  One such summary comes from a lengthy section entitled “British Intrigues,” relating to Reps. Richard Mentor Johnson, a Democratic-Republican, and Philip Barton Key, a Federalist, discussing on the floor controversial foreign published papers:

   MR. JOHNSON said he did not feel disposed, nor was it a time, to say much—the documents spoke for themselves—nor did he address the House to identify the Federal party with this British conspiracy to dismember the Union; nor did he intend to load the individual who had made this communication to the President with the opprobrious epithet of spy and traitor; but to call the attention of the House, and the gentleman from Virginia, to the position which had been taken by himself and others upon the discussion of our foreign relations, respecting the British influence in stimulating the savages against our infant and innocent settlements upon the frontiers.  Mr. J. said, when he had ascribed the hostility of the Indians to British influence, the gentleman from Virginia could not place any confidence in such intimations; and he moreover stated, that if such influence could be proven, he would himself join heart and hand in measures against Great Britain, and would even march himself to Canada, if necessary, to expel and destroy the British authorities in that quarter. Mr. J said, he wished to know whether the House had not now record evidence of an attempt on the part of the British Government to alienate the affections of the people from their own Government—to organize opposition to the laws of Congress, and to produce a dissolution of our happy Government, a dismemberment of the Union, and the erection of a monarchy upon its ruins—and whether such a case did not call for equal union? . . .

   Mr. KEY made some remarks which were not all distinctly heard by the Reporter.  He wished that the publication could have been accompanied with some refutation of its contents, as it would go t alarm the people with an idea of the existence of a spirit in one section of this country which he was sure did not exist.  He was not only for committing the subject, but for following it up with a full and prompt examination.  Sure I am, said Mr.K., that the people of Europe have mistaken the American character.  Whatever difference of opinion may exist among ourselves, there can be none as to the propriety of supporting the integrity of the Union.  There can be no doubt that the people of this country, of al descriptions, will rally around the Constitution.  France had heretofore supposed she possessed a party in this country, but there was not a man of sense in the country who believed it.  Foreign nations would err in this way, having no correct knowledge of the sentiments of the people.  If we were soon to be involved in war, it was proper that no distrust should exist in one part of the community against another; and he therefore regretted that a complete investigation could not be had before the papers were published.
(12th Congress, 1st Sess., March, 1812, Pages 1191 through 1193)

1887:  California Governor Washington Bartlett’s Inaugural Address included the following concern about the state’s “harbor defenses”:
   The attention of Congress should be immediately called by the Legislature to the defenseless condition of the principal harbors and of the cities of the State, and our Senators and Representatives be supported in their efforts to obtain adequate appropriations from the National Treasury to construct proper defenses and equip them with modern ordnance.  In the event of a rupture of the peaceful relations now existing between the Great Powers of Europe, it would be extremely difficult for the United States to maintain a strict neutrality, and preserve its friendly relations with the several belligerents unless in a military condition strong enough to make its neutral rights respected.
(Appendix to the Journals, Vol. I, 1887, page 2)

1912:  Changes to federal admiralty laws were prominent during this year, especially relating to the “maintenance of actions for death or injuries on the high seas.”   We have an August 6, 1912 hearing held before the House Committee on the Judiciary in which the following reasons for legislation relating to such actions was provided by Mr. Fitz Henry Smith, Jr., chair of the Committee of the Maritime Law Association:
   Under the existing admiralty law of the United States there is no right of action for death due to a negligent act occurring on the high seas or other navigab le waters. . . . And, the admiralty law of England is similar.  There is no right of action in rem.  
. . .
   The purpose of the proposed bill is to remedy the present situation by a Federal law furnishing a right of action for death, applicable to the courts of admiralty.  The law puts no additional burden on shipping, indeed is for the benefit of shipowners as well as the traveling public, because it substitutes a single simple law in place of the varying existing laws.  The admiralty courts are the proper tribunals to pass upon the complicated questions of navigation, which arise in maritime cases.  And the law does not do away with the shipowner’s right to limit his liability.
(Hearings before the House Committee on the Judiciary, August 6, 1912, pages 5 and 6)

1929:  A Report of the California Crime Commission addressed “juvenile delinquency,” noting the state’s successes and failures:
    We are finding anew what every investigator and every commission seeking crime cause has discovered before, that crime is committed by the very young, many of them rash, reckless and bold, while still in their teens.  Examination of case histories show frequent instances of many offenses preceding the first conviction and the records of apparently hardened though youthful offenders show known delinquency traceable back into childhood.  The desperate bandit of today is the delinquent of yesterday, the puzzling problem child of the day before.  It is because we did not solve the problem he presented, because we allowed him to remain unadjusted that now deem it necessary to provide severe penalties and harsh measures of repression including the habitual criminal statutes.
   There are various opinions about causes of crime and numerous suggestions for punishing the offenders, but the one thing upon which there seems to be unanimity of agreement by all students of the problem is that criminal tendencies assert themselves very early in life, that youth is the time of lawlessness and that early recognition of the signs of delinquency and early corrective treatment should be more systematic and more scientific.  It is not beyond our ability to discovery and treat tendencies in school days.  The neglected youth or the unsolved problem child is the genesis of crime.  Considering the advances being made by educators, psychologists and psychiatrists in influencing human behavior it seems wise to provide for early examination of ability and aptitude so that our children may have best possible adjustment to living in right relations with others.
(Report of the California Crime Commission, 1929, pages 9 and 10)


1945:  New York Governor Thomas E. Dewey stated the following regarding “discrimination” before the state’s Legislature on January 3, 1945:

    During the closing days of the last session of the Legislature certain bills were introduced, designed to eliminate religious and racial discrimination in various phases of our society, particularly in the field of employment.  I addressed a special message to your Honorable Bodies, calling attention to the great significance of the problem and the necessity for most careful study and suggesting the creation of a commission to undertake such study and to make recommendations at this session of the Legislature.

    That suggestion was followed and the Temporary State Commission Against Discrimination is prepared to make vital recommendations with carefully drawn legislation by February 1.  I cannot too strongly emphasize either the importance or the necessity for considered action on the recommendations of that commission.  The need for action in this field of human relations is imperative.
    We all know that the problems in this field may not be solved by means of statutory enactments alone.  All of our people must be imbued with the urgency and the will and the understanding to bring cooperation and equality into the relations among our fellow human beings.  To do this, education both of child and adult is required.  The right atmosphere in the home, the church and the school is all important.  Much can be accomplished to accelerate the process of education and understanding by voluntary action and by sound governmental leadersip in initiating and encouraging such voluntary action.
(Excerpt from Gov. Dewey’s Message to the N.Y. Legislature, Jan. 3, 1945)

2012:  The “Border Tunnel Prevention Act of 2012” that was signed into law on June 5, 2012 makes it a Federal crime to attempt or conspire to construct or finance the construction of an unauthorized tunnel or subterranean passage between the U.S. and another country or to unlawfully smuggle aliens, terrorists, drugs or weapons of mass destruction.  A House Report observed that “Border tunnels are an unfortunate testament to the ingenuity and determination of the Mexican drug cartels” and provided the following background and need for this particular legislation:
   Reports of drug smuggling tunnels have increased, particularly in the past 10 years.  Drug traffickers have increased their use of subterranean smuggling in light of increased border security, either real or perceived.  Mexican drug trafficking organizations have used tunnels as a smuggling method since at least 1990.
. . .

   In November 2011, Federal law enforcement agents shut down two sophisticated tunnels that led from an area near Tijuana’s airport to an industrial park on the U.S. side.  About 49 tons of marijuana were seized.  Drug traffickers have also become skilled at setting up front companies to rent space in busy warehouse districts in the U.S.  Mining engineers and architects are employed to construct the tunnel and bore directly into the foundation of the front company’s rented warehouse.
(House Report No. 112-418, Part 1, page 2)

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