What law would be really good for a state legislature to pass or repeal?

February 25, 2007 7:31 AM

What law would be really good for a state legislature to pass or repeal? This is a practical question, seeking practical answers: I have a friend who is a good-government, reform-minded state legislator who is looking for suggestions, but the deadline for filing in this part-time legislature is one week away for the biennium (two-year period).
posted by Mr. Justice to Law & Government (33 answers total)

Have your friend contact one of the many organizations focused on legislative reform. They will have policy briefs, model legislation, and other support that a legislator will need to make this sort of thing actually happen.

One of the older and well-respected ones is the Center for Policy Alternatives, but there are others of all political flavors.

More specific answers would depend on knowing what state this person is in, what issues are likely to make it through the legislature, etc, which is why I am suggesting connecting your friend to an umbrella group that can help turn your friend's good intentions into practical results.
posted by Forktine at 7:45 AM on February 25, 2007

Make all ballots have a "None of the Above" option, and if "None of the Above" gets more votes than any candidate, a new election has to take place with new candidates.
posted by joannemerriam at 7:46 AM on February 25, 2007 [1 favorite]

Meaningful legislation begins when it has meaning for the constituency that it serves. I would hope that you would already have the answer. If you or your friend must ask for guidance, than it is evident that you should reconsider going forward. My guess is that you will push forward nevertheless. An excellent resource would be your area representative for the American Association of University Women This group provides an active poliltical base as it focuses on issues relating to women, education, etc.
posted by peace_love_hope at 8:00 AM on February 25, 2007

Increase staff support, especially to committees, or remove any fixed limits on session length or frequency of meeting, or increase resources for interim oversight meetings.
posted by ROU_Xenophobe at 8:00 AM on February 25, 2007

It would help to know the state in question -- aren't there hot-button issues in the state already in existence? In my state, for example, people are very interested in things like property tax reform, state-supported health care, and stronger penalties for driving without a license. I would think a legislator would know these things already -- what were his or her campaign topics?
posted by JanetLand at 8:12 AM on February 25, 2007

Make voting day a holiday.
posted by Kattullus at 8:18 AM on February 25, 2007

Instituting instant runoff voting?
posted by backupjesus at 8:18 AM on February 25, 2007

Take some antiquated law, which is no longer being enforced anyway, off the books. There are bound to be a ton of them - sodomy laws and laws that protect husbands who beat up their wives are two of the most common examples.

If you want to go slightly more controversial, decriminalize prostitution or marijuana use, or pass a resolution against the Patriot Act.
posted by bingo at 8:26 AM on February 25, 2007

If it is not underway already in your state, I strongly second getting the IRV train rolling. Your buddy should contact the organization in backupjesus' link for more info.
posted by Rock Steady at 8:34 AM on February 25, 2007

Do any states besides Texas meet the stated criteria? (Although the Tex. legislature's got until March 9 to submit bills, so maybe there is another state as whacked out as we are.)
If it's Texas, and even if it's not, I know many many jails and prisons have dire problems with mental health issues. The county mental health officers are too few and far between, especially in large rural counties. Rural law enforcement officers in particular are in physical danger because of insufficient training to recognize and deal with mental health and physical health (e.g., diabetic shock causing symptoms similar to intoxication) issues. Training sessions either cost too much or are not offered frequently enough, if at all.
So -- a law increasing funding and creating a plan to offer training and support for mental health issues in jails could be an excellent thing for a legislator such as you describe to propose.
posted by katemonster at 8:48 AM on February 25, 2007

Full public financing of elections.
posted by awesomebrad at 9:00 AM on February 25, 2007

If we are talking about Texas there is no shortage of things that need some work here. For starters the legislature needs to meet every year... Setting up budgets two years in advance is the stupidest thing I've ever heard.

Election day ought to be a holiday.

There are a million stupid old laws that need to b stricken from the books. First thing that comes to mind is that you can't sell dildo's in texas.
posted by magikker at 9:36 AM on February 25, 2007

I'll second, or third, or whatever, the proposal for IRV and making election day a holiday.

Also, if this is the Texas ledge we're talking about he might also consider these:

From the penal code 21.06 should be struck immediately, it bans homosexual conduct and since the SCotUS smacked that one down it'd be worthwhile getting it off the books just becuase its cruft now.

Also, 43.23 would be worthwhile to strike. Its the catchall "obscenity" as well as being the one that makes the possession of more than 5 sex toys illegal.

42.11 is the Flag Burning statute, and while it'd be nice to see it taken down that probably won't be happening.

43.02 is the law against prostitution, and another that I'd like to see taken out, but probably won't go.

I'd argue that 25.02 (forbids incest) should be removed, if incest is between an adult and a child it falls under the statutory rape laws anyway, and if its between consenting adults its none of the government's business [1].

Section 21.01 defines "sexual intercourse" and "devient sexual intercourse" separately, essentially to pander to Bible Belt asshatery, it'd be nice if that were corrected.

I'm a resident of Texas, but I guess it still says something about how obsessive I am that I actually have a file on my computer of the laws I'd like to see struck down, modified, etc.

[1] Incest, naturally, is a bad thing from a genetic standpoint, and probably isn't all that mentally healthy either, but it isn't the government's job to keep adults from harming themselves.
posted by sotonohito at 9:46 AM on February 25, 2007

Currently in Texas, public urination can get you charged as a sexual offender. Please have him try to revoke this. Its ruined some people's lives.

Guy gets drunk, pee's behind a dumpster, cop catches him, no he has to register with the state and is put on the sex offender website.
posted by magikker at 9:54 AM on February 25, 2007

How about preventing the abuse of Eminent Domain? A law stating that the state may only use Eminent Domain to seize property for public use, and may never resell the land afterwards to private developers? (Or, say, may not for at least 25 years.)
posted by Steven C. Den Beste at 11:02 AM on February 25, 2007

I sure wish the U.S. had consumer protections like the Unfair Terms in Consumer Contracts Regulations 1999 or the Sale of Goods Act and similar legislation. Sure it would go over like a lead balloon with retailers and manufacturers though.
posted by grouse at 11:02 AM on February 25, 2007

Mandate that ALL state buildings be built as green as possible and, here's the good part; anyone can say that, mandate a design ban on over the top structural appearances that only exist to pad the architect's fee. There are thousands of great designs for libraries, court houses, office complexes, use those and save the unspent money for greener budgets. We don't have time anymore for this old style of bidding where new is better and costs more and is good because someone says so, all states can do this. Architects can go to work making smarter LESS expensive buildings and be paid for doing THAT.
posted by Freedomboy at 11:11 AM on February 25, 2007

Do any states besides Texas meet the stated criteria?

Part time and with filing deadlines for bills? Lots, but I don't have my reference books with me.

Thinking about this for more than a second, I'm not sure what the point is.

If he actually wants to accomplish something, he should sit down with his party leaders and chat about what he might do that could stand a nonzero chance of passing. We have no idea at all what could stand a chance and what's just pissing in the wind.

If he just wants to introduce something nice that won't ever pass, then he might as well introduce a bill that will give every man in the state enthusiastic blowjobs from mermaids since he is just pissing in the wind. Or perhaps just not introduce anything and save some schmuck staffer from having to analyze the bill for cost implications.
posted by ROU_Xenophobe at 11:15 AM on February 25, 2007

I second the eminent domain reform suggestion. It's basically inoffensive and a political win-win, regardless of which major party he might be affiliated with. Conservatives and libertarians like it because it limits an obvious overextension of government power, and you can probably spin it to liberals as protecting the poor and minorities, since it's usually their lands that get taken for redevelopment anyway. (You don't see them tearing down McMansions for shopping malls; they generally go for the old minority neighborhoods.)

Plus, anyone who opposes the reform can be tarred as a political insider who wants to burn your house to make a parking lot out of it. You can't buy issues like that.
posted by Kadin2048 at 11:21 AM on February 25, 2007

I am kind of uncomfortable with the fact that an elected representative of the people is asking for advice on which laws he should make from strangers on the internet.

Shouldn't this be something your friend thinks long and hard about, talks with fellow lawmakers about, reads reports on? Instead, he's realized that the deadline to legislate is looming, and wants to get his oar in even though he apparently has no opinions strong enough to have come up with anything on his own?

Can legislating just for the sake of legislating possibly be in the best interest of his state and its taxpayers?
posted by thehmsbeagle at 11:51 AM on February 25, 2007

Do any states besides Texas meet the stated criteria?

Part time and with filing deadlines for bills? Lots, but I don't have my reference books with me.

The reference to the biennium was what really got me. I did some quick looking (admittedly not exhaustive -- that's why I asked) to see if any of the others that call themselves legislatures meet only once every two years. Most appeared to meet annually.
posted by katemonster at 12:43 PM on February 25, 2007

Shouldn't this be something your friend thinks long and hard about, talks with fellow lawmakers about, reads reports on?

Well, I sort of see the request as being for issues that would otherwise be overlooked and that would benefit from being put in the pipeline for further discussion. It's hard to imagine the something proposed in this way will pass this year, but it may start the discussion that leads to real change (or a reasoned rejection of that change) later on.
posted by backupjesus at 1:30 PM on February 25, 2007

Effectively decriminalize the purchase and consumption of alcohol by those 18-21 by making it a civil infraction punishable by a fine of $5 and removing penalties for licensees.
posted by Mitheral at 2:29 PM on February 25, 2007

"Take some antiquated law, which is no longer being enforced anyway, off the books."

Any time a new law goes on the books, an old one has to come off.
posted by mr_crash_davis at 3:59 PM on February 25, 2007

What awesomebrad said. Almost all the bad law in our country is a result of legislators having to take money from special-interest groups.
posted by Kirth Gerson at 5:45 PM on February 25, 2007

Any time a new law goes on the books, an old one has to come off.

Or two.
posted by Alt F4 at 6:31 PM on February 25, 2007

Any time a new law goes on the books, an old one has to come off.

Or two.

Now I'd just looooooove to see some factual evidence around either of those claims.
posted by allkindsoftime at 9:17 AM on February 26, 2007

I think those are wishes, not claims.
posted by Kirth Gerson at 10:11 AM on February 26, 2007

"Take some antiquated law, which is no longer being enforced anyway, off the books."

Any time a new law goes on the books, an old one has to come off.

Not in my state, I can assure you.
posted by JanetLand at 10:22 AM on February 26, 2007

Madate an expiration for all laws of, say, 10 years. Laws would have to be actively renewed every 10 years to stay valid, rather than passively remain valid until actively repealed.

Would sure cut down on the cruft.

Yeah, that'll never happen, so go with sotonohito's list of antiquated and/or invasive laws.
posted by LordSludge at 11:07 AM on February 26, 2007

Problem with that approach LordSludge is they'd just pass a bill renewing every expiring bill every year. I can't think of a way of forcing the legislature to pass each previous act individually.
posted by Mitheral at 11:55 AM on February 26, 2007

LordSludge: something like that already exists in Texas for statutes that establish government agencies, at least. Not that the question is necessarily about Texas.
posted by grouse at 12:49 PM on February 26, 2007

I can't think of a way of forcing the legislature to pass each previous act individually.

Depending on the state, a constitutional resolution might do it, or at least make it harder to get around.
posted by JanetLand at 3:02 PM on February 26, 2007