Violence Against Women Policy Trends Report 16

May 24, 2001

David M. Heger
National Violence Against Women Prevention Research Center
University of Missouri - St. Louis
Political Analyst

Federal

Legislation addressing violence against women has failed to receive substantial consideration on Capitol Hill this year. Measures to permanently establish the Violence Against Women Office, provide job leave for domestic violence victims, address gender-motivated violence at work, restore some of the civil rights provisions of the Violence Against Women Act of 1994, and extend legal assistance to victims of dating violence have languished in committee. In recent days, the White House has concentrated most of its efforts on pushing its newly formed energy policy, while Congress has focused mostly on taxation issues and education reform.

Earlier this month, Congress approved a fiscal year 2002 budget resolution that significantly reduces the growth in federal spending seen in recent years and sets aside $1.35 trillion for tax-cuts over the next several years. Budget resolutions are non-binding and often ignored as the appropriations process progresses, but the one passed this year holds special significance. Under Senate rules, tax-cuts that fit within the framework of an approved fiscal spending plan require only a majority vote. With the Senate split evenly between Republicans and Democrats this year, a tax-cut of the magnitude proposed by President Bush could most likely only garner a slim majority in the upper chamber.

The Senate passed a $1.35 trillion tax-cut package yesterday, inching President Bush ever closer to a major legislative victory early in his term. The House previously approved a larger tax reduction that mirrors the President's priorities. Now the two bills must go to a conference committee—made up of representatives from the House and Senate—where a compromise between the measures must be hammered out. Conferees are likely to alter provisions relating to marginal rates, the child tax credit, the marriage penalty, and the estate tax, but must limit the overall effect of any final tax legislation to the $1.35 trillion parameter set by the budget resolution. After a compromise resolution is passed out of conference committee, it must receive the approval of the full House and Senate before being sent to the President.

Republican Senator James Jeffords from Vermont announced today that he will leave the GOP and finish his term in the Senate as an Independent. Senator Jeffords has indicated that he will caucus with the Democrats for organizational purposes. The move would apparently hand control of the chamber back to the Democrats for the first time in over six years. Analysts note that although President Bush's tax-cut plan is not likely to be affected by the shift in power, much of the rest of the President's agenda may have to be adjusted.

State

With summer just around the corner, the pace of state legislative activity has already begun to slow considerably. More than half of the states have wrapped up regular session work for the year. Even states that meet throughout most of the year—California, Illinois, Massachusetts, Michigan, New Jersey, New York, Ohio, Pennsylvania, and Wisconsin—will break for summer recesses at various times over the next three months. Because most states will not hold elections in 2001, lawmakers will be able to devote time usually spent on campaigning in election years to interim committee work.

Bills aimed at curbing violence against women have experienced mixed results over the past several days. Victims' advocates in Florida celebrated a major legislative victory with the signing of the Family Protection Act by Governor Jeb Bush (R). The bill, which was the top criminal justice priority for Governor Bush this year, promotes "zero tolerance" for domestic violence by requiring mandatory jail time and fines for convicted batterers. In another triumph for advocates, Maine Governor Angus King (I) affixed his signature to a measure that allows judges to block out battered women's contact information from court records. Additionally, a major funding bill benefiting victims of domestic violence and sexual assault received almost unanimous approval in the Maine House of Representatives.

Not all the news has been good for victims' advocates, however. South Carolina is likely to end its 2001 regular session with no serious movement on any of the dozen or so proposals to deal with the state's domestic homicide problem. Last fall the state was cited as having the nation's highest rate of women murdered by men, prompting Governor Jim Hodges (D) to appoint a domestic violence task force. Since then, the state legislature has taken no action to remedy the situation. Some hold out hope that in the few remaining days of the session lawmakers will rally behind a bill to raise marriage license and divorce fees to pay for shelters.