2008 01 News Briefs

News Briefs Published by The American Society for the Defense of Tradition, Family and Property - TFP

Legislative Roundup of “Look Back” Bills In 2003, the state of California passed a one-year “look-back” bill lifting civil statutes of limitation on tort actions for damages related to sexual abuse. Sadly, the bishops of California did not react vigorously to this “look-back” bill and it was approved. This extraordinary retroactive legislative action resulted in hundreds of previously timebarred cases being brought against the Catholic Church in the Golden State. Fighting and settling these lawsuits is proving to be costly. In July 2007, the Archdiocese of Los Angeles settled some 500 such cases for the staggering sum of $660 million dollars. In September 2007, the diocese of San Diego settled 144 cases for $198.1 million dollars.

In the years since California’s 2003 approval of a one-year “lookback” bill, victims advocacy and liberal Catholic groups such as SNAP (Survivors Network for Those Abused by Priests) and VOTF (Voice of the Faithful) have been active in other states pushing for

Contents Legislative Roundup of “Look Back” Bills.................................1 Alaska.........................................1 Colorado.....................................2 District of Columbia...................2 New York...................................2 Wisconsin...................................2

News Briefs, January, 2008

January 31, 2008

legislative approval of one-, two-, and now three-year “look-back” bills based on the California model.

countered with a weak and irresolute strategy based largely on “dialogue.” In our view, this was a fatal mistake.

Beginning in January 2006, the American TFP published its statement “Is it Fair that the Innocent Pay for the Guilty? An Additional 67 Million Victims of the Sexual Abuse Scandals” (available online at www.TFP.org) both on its website and in major newspapers.

Over these two years, the total number of printed copies of this TFP statement is just shy of 2,000,000.

Thank God other states did not follow Delaware’s example.

In June 2007, a majority in the Maine Senate shot down LD 178 which included a two-year “window.” No new efforts were made in the State of Pennsylvania (HB 2300 had been introduced there in Dec. 2005).

In 2006, Ohio and Colorado were the key states. In Colorado, the bishops’ energetic resistance won the day and set the example for the rest of the nation. Three separate “look-back” bills failed.

In Ohio, the one-year “look-back” provision in SB 17 also failed despite Detroit Auxiliary Bishop Thomas Gumbleton’s testimony in its favor before the Ohio House Judiciary Committee. No “lookback” bill was approved in any state in 2006.

The success was short-lived.

In 2007, Delaware became the second state to approve a “lookback” bill, SB 29. This bill included a two-year “look-back.”

SNAP and VOTF made a determined effort to push SB 29 through the Delaware Legislature.

The diocese of Wilmington

The “look-back” battle continues in 2008. So far, TFP has monitored the following “look-back” threats:1

Alaska SB 112 provides for a one year “look-back.” This bill was introduced by Senator Hollis French and was approved by the 1

This roundup of state legislative bills does not claim to be exhaustive or complete. TFP members are not lobbyists accustomed to the meanders of America’s state legislatures. Much of our research is based on general news.

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Senate Judiciary Committee on April 4, 2007. Since then, it seems that the bill has stalled.

Colorado HB 1011 is Rep. Gwyn Green’s second attempt to pass a “look-back” bill. This one, introduced on Jan. 9, 2008, provides for a two year “look back.” It has been assigned to the House Judiciary Committee.

District of Columbia B17-0146 introduced last year by Councilman Marion Barry and supported by a majority of the District’s thirteen Council members survived into 2008. It provides for a two year “look-back.”

2007. It passed the Assembly, but died in the Senate. She has now reintroduced it as A4560B. It provides for a one year “lookback” period and has a companion bill in the New York Senate. This Senate bill, introduced by Senator Stephen Saland, is S4614-A. The two other New York bills are A3081A introduced by Assemblyman James Gary Pretlow and its companion bill in the Senate, S4075, introduced by Senator Ruth Hassell-Thompson.

These last two bills provide for a three year “look back.”

Each of these four NY bills is a concern.

VOTF’s In the Vineyard reports on VOTF president Mary Pat Fox’s participation at a “Call to Action” seminar held at New York’s Yeshiva University on September 25, 2007. The event was sponsored by Prof. Marci Hamilton, Chair in Public Law at Yeshiva University. Prof.

Hamilton has testified in several state legislatures in favor of “look-back” bills. She also advocates passage of legislation conditioning federal state funding to states’ approving retroactive “window” or “look-back” legislation.1 New York Assemblywoman Marge Markey gave a presentation at this 1

New York Four bills are in the New York legislature. Assemblywoman Marge Markey had introduced A4560 in

September seminar. SNAP president Barbara Blaine was also in attendance and organized a breakout work session on “getting this legislation passed.” In her In the Vineyard commentary, VOTF president Mary Pat Fox wrote: “It was clear to me that one key to the success of this effort will be having the survivors touch the hearts of legislators while the public and VOTF provide the muscle to get it done.”2

Marci Hamilton, “Congress Passes the ‘Adam Walsh Bill’ to Protect Children from Abuse: It Is a Good Start, But More Needs to Be Done to Make It Effective,” Findlaw, July 27, 2006, at http://writ.lp.findlaw.com/scripts/prin ter_friendly.pl? page=/hamilton/20060727.html

Wisconsin A three year “look-back” bill was introduced on December 17, 2007 in the Wisconsin Senate by Senator Julie Lassa. The Senate Judiciary Committee held a public hearing on SB 356 on January 16, 2008. Media reported that Milwaukee Archbishop Timothy Dolan testified at the hearing that his archdiocese would go bankrupt if the bill’s three year “look-back” were approved.3

2

“Providing the Muscle,” In the Vineyard, Oct. 1, 2007, Vol. 6, Issue 18.

3 Cf. “Wisconsin: Bill Would Erase Sex Abuse Suit Deadlines,” Associated Press, Jan. 17, 2008.

The American Society for the Defense of Tradition, Family and Property – TFP 1358 Jefferson Rd., Spring Grove, Penn. 17362 www.TFP.org (717) 225-7147

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News Briefs, January, 2008