22 November 2005

Floor action, Nov. 22: HB 9, HB 42, HB 140, HB 156

HB 9 is better than nothing for ethics reform. It only asks that members and their immediate families report business with reconstruction-related contracts. It passed both chambers.

After a conference committee, HB 42 sets a state sales tax holiday for 3 days in December, maximum $2,500, individuals and business, excluding automobiles, while businesses in affected areas are tax free at any amount (except automobiles). It passed both chambers.

HB 140 got hijacked to include language that enables a bigger dip to be taken out of the Budget Stabilization Fund. It got almost no opposition in both houses.

The amendment that asserted legislative supremacy over the governors’ executive order that cut about a half billion dollars from the budget was dropped from HB 156. It passed both chambers.

SCORECARD:
Total House introductions: 168; total Senate introductions: 114.

Total House good bills: 4; total Senate good bills: 7.

Total House bad bills: 13; total Senate bad bills: 7.

Total House good bills heard in committee: 4; total Senate good bills heard in committee: 6.

Total House bad bills heard in committee: 11; total Senate bad bills heard in committee: 7

Total House good bills passing committee: 4; total Senate good bills passing committee: 4.

Total House bad bills passing committee: 7; total Senate bad bills passing committee: 2

Total House good bills passing House: 4; total Senate good bills passing Senate: 3

Total House bad bills passing House: 1; total Senate bad bills passing Senate: 1

Total House good bills heard in Senate committee: 4; total Senate good bills heard in House committee: 1

Total House bad bills heard in Senate committee: 1; total Senate bad bills heard in House committee: 0

Total House good bills passing Senate committee: 4; total Senate good bills passing House committee: 1

Total House bad bills passing Senate committee: 1; total Senate bad bills passing House committee: 0

Total House good bills passing Senate 4; total Senate good bills passing House: 1

Total House bad bills passing Senate 1; total Senate bad bills passing House: 0

Total House good bills sent to the governor: 4; total Senate good bills sent to the governor: 1

Total House bad bills sent to the governor: 1; total Senate bad bills sent to the governor: 0

21 November 2005

Floor action, Nov. 21: SB 96, HB 42, SB 44, HB 9

DID YOU KNOW?
An interesting dispute broke out between and within both houses regarding HB 42 and SB 96. In the House, the senate bill was asked to be made a duplicate of the house version but its author Rep. Billy Montgomery wanted to reject that, a move that in essence would kill that bill on time constraints. Rep. Troy Hebert, who called this the biggest issue of the session, supported the move because he said it would enable the bill to revert back to its original form where it left the House. He felt Sen. Derrick Shepherd, SB 96 sponsor, would be amenable to taking HB 42 as it had left the House.

The impasse was resolved when the Senate almost simultaneously took up HB 42. Shepherd, who had amendments to reshape this one into his, withdrew them and rather than the 3-day, $2,500 limit in the House, or the 6-day, $25,000 limit of the Senate, instead came up with a 4-day, $10,000 limit to the state sales tax exemption. Over in the House, the deed formally was finished when SB 96 got referred to committee.

This now meant the House had no vehicle to bargain with the Senate on this subject – the Senate could send back something to the House for it to accept or force into conference, but the House could not. At the same time, the Senate would have to risk that the House would accept the deal Shepherd said he and Montgomery had worked out if they approved it, as well as whether Gov. Kathleen Blanco would accept it in this form after signaling acquiescence for the House version.

Shepherd succeeded 25-10. The bill itself passed unanimously.

DID YOU KNOW?
The Legislature seems to have decided upon Sen. Ken HollisSB 44 as the preferred vehicle by which to enact a uniform construction code. But being as a House committee grilled the House version HB 76 for a week, over a dozen amendments got offered to SB 44, several by HB 76 author Gil Pinac, and it made the HB 42 debate look like it was conducted at warp speed. The major concerns were the “one-size-fits-all” philosophy where the state code could overrule parish rules and the additional costs to build homes. It finally passed, after over three hours, 78-25. As a result, for scorecard purposes SB 44 will supplant HB 76.

DID YOU KNOW?
One last stab was made at strengthening ethics reform with the Senate debate of HB 9. Sen. Jay Dardenne, after the previous day wanting to put a prohibition in law in committee, wanted to amend it to agree with the state ethics code in terms of a broader definition of “immediate” family for disclosure. Complaints again focused on the broadening would make legislators chase more people for information that would have to be disclosed and reported, even as Dardenne said the ethics code already demanded this and this should be consistent. This time, he carried the day 23-15 with Democrats divided and only a couple of Republicans voting against. And then it passed unanimously with all members present.

QUOTES OF THE DAY:
“What is the middle between 1 and 6?”
“Actually, 2, 3, 4 and 5”
Shepherd to Sen. Robert Adley, when Adley was trying to make the point that Blanco had supported a one-day tax holiday and the Senate had come up with the idea of six, so the House version of three would be in “the middle.”

“The tax holiday’s going to pass by the time we get through with this bill.”
Sen. Pres. Don Hines, as the HB 42 debate dragged on and on.

“I’m trying to figure out what we’re doing.”
“I don’t know.”
Hines in response to Sen. Don Cravins, who opined HB 42 wouldn’t do much of anything: “Who cares?”

SCORECARD:
Total House introductions: 168; total Senate introductions: 114.

Total House good bills: 4; total Senate good bills: 7.

Total House bad bills: 12; total Senate bad bills: 7.

Total House good bills heard in committee: 4; total Senate good bills heard in committee: 6.

Total House bad bills heard in committee: 10; total Senate bad bills heard in committee: 6

Total House good bills passing committee: 4; total Senate good bills passing committee: 4.

Total House bad bills passing committee: 5; total Senate bad bills passing committee: 2

Total House good bills passing House: 4; total Senate good bills passing Senate: 3

Total House bad bills passing House: 0; total Senate bad bills passing Senate: 1

Total House good bills heard in Senate committee: 4; Total Senate good bills heard in House committee: 1

Total House good bills passing Senate committee: 4; Total Senate good bills passing House committee: 5

Total House good bills passing Senate 3; Total Senate good bills passing House: 1

20 November 2005

Floor action, Nov. 20: HB 156

(Imitation is the sincerest form of flattery, even if they didn’t know they were doing so.)

DID YOU KNOW?
HB 156 hit the Senate floor with only a few substantial changes from the Senate Finance Committee. One was a direct poke at Gov. Kathleen Blanco’s decisions to close off the Urban and Rural Funds, by forcing her to lay off employees involved with the funds. Sen. Noble Ellington brought an amendment to retain three positions in Rural Development’s office that disburses these funds to close up matters by the end of the fiscal year. Sen. Charles Jones said Urban needed extra people to be fair, but neither should be cut in the first place. “We base what we do in this Legislature on what the newspapers and editorials tell us, not what we need to do.” In a vote cutting across typical divisions, it failed.

Jones wasn’t through. He almost put his money where his mouth and came back with an amendment to reduce positions only in Rural Development and to bring back all Urban funding. However, this was withdrawn.

But most controversially, Rep. Troy Hebert’s floor amendment to get agencies to cut upper-level managers by 10 percent had been dropped on the complaint that it was against RS 39:75 to cut out these jobs. Sen. Nick Gautreaux brought an amendment essentially to restore that requirement by changing wording for it to reflect salary costs, rather than positions. Sen. Francis Heitmeier claimed big enough cuts already were there. The amendment failed.

Sen. Jay Dardenne also took a poke at Blanco with an amendment that changed phrasing to assert Legislative dominance in the matter of making cuts. This one faced no opposition.

He also took up Rep. Peppi Bruneau’s jab at the Senate to reduce its expenditures, as the House did. But Sen. Pres. Don Hines stated this cut would be difficult to handle, although he joked that “the governor said she’d take care of this, trying to help out our Republican friends.” Despite Dardenne’s plea that the Senate should not be the only major part of government not to make a sacrifice, the amendment barely failed with most Republicans voting for it. Shortly thereafter, Dardenne complained the timing of closing of the vote was inexact, which brought a testy response from Hines that he closed it when he had all the votes.

The bill passed 35-3.

DID YOU KNOW?
The House didn’t perform the necessary maneuvers to deal immediately with with SB 95, which means unless it suspends its rules to skip committee this late in a special session the bill is unlikely to get dealt with in time to pass. The same fate may await SB 105 as well, with it dying by omission of action.

QUOTE OF THE DAY:
“We’ll take it out of the rainy day money.”
Hines, when an amendment went through correcting a funding mistake in the Minimum Foundation Program that would cost an extra $3 million, about how to handle this hit on the budget.

SCORECARD:
Total House introductions: 168; total Senate introductions: 114.

Total House good bills: 6; total Senate good bills: 6.

Total House bad bills: 12; total Senate bad bills: 7.

Total House good bills heard in committee: 5; total Senate good bills heard in committee: 5.

Total House bad bills heard in committee: 10; total Senate bad bills heard in committee: 6

Total House good bills passing committee: 5; total Senate good bills passing committee: 3.

Total House bad bills passing committee: 5; total Senate bad bills passing committee: 2

Total House good bills passing House: 4; total Senate good bills passing Senate: 2

Total House bad bills passing House: 0; total Senate bad bills passing Senate: 1

Total House good bills heard in Senate committee: 2; Total Senate good bills heard in House committee: 0

Total House good bills passing Senate committee: 2; Total Senate good bills passing House committee: 4

Total House good bills passing Senate 1; Total Senate good bills passing House: 0

19 November 2005

Legislative first extraordinary session through Nov. 19

THIS WEEK FOR THE GOOD: HB 9 passed Senate committee with minor amendments; HB 24 passed the House 104-0 and passed Senate committee with minor amendments; HB 76 passed committee with many but minor amendments16-0; HB 121 passed the House 88-16; HB 156 passed committee with minor amendments 12-0, passed the House 100-1, passed Senate committee; SB 15 passed committee; SB 49 passed the Senate 34-4 with minor amendments; SB 95 passed committee with major amendments and passed the Senate 37-0 with a major amendment.

THIS WEEK FOR THE BAD: HB 59 failed to pass the House 45-52; HB 145 passed committee with minor amendments 15-1; HB 146 passed committee with minor amendments 16-0; HB 167 passed committee with minor amendments18-0; SB 6 was pulled to the Senate floor from committee with minor amendments and failed 16-20, and was reconsidered and failed 19-18; SB 105 was pulled to the Senate floor from committee with minor amendments and passed the Senate 22-14.

SCORECARD:
Total House introductions: 168; total Senate introductions: 114.

Total House good bills: 6; total Senate good bills: 6.

Total House bad bills: 12; total Senate bad bills: 7.

Total House good bills heard in committee: 5; total Senate good bills heard in committee: 5.

Total House bad bills heard in committee: 10; total Senate bad bills heard in committee: 6

Total House good bills passing committee: 5; total Senate good bills passing committee: 3.

Total House bad bills passing committee: 5; total Senate bad bills passing committee: 2

Total House good bills passing House: 4; total Senate good bills passing Senate: 2

Total House bad bills passing House: 0; total Senate bad bills passing Senate: 1

Total House good bills heard in Senate committee: 2; total Senate good bills heard in House committee: 0

Total House good bills passing Senate committee: 2; total Senate good bills passing House committee: 4

18 November 2005

Floor action, Nov. 18: SB 105

DID YOU KNOW?
SB 105 in some ways is like a ticking time bomb. On the one hand, it attempts to bring some clarity to how “total state revenue receipts” are defined, as Sen Pres. Don Hines claimed. On the other hand, as Sen. Robert Barham argued, it unconstitutionally tries to amend the Constitution by statute. Nor did Barham agree that “total state revenue receipts” was ambiguous, pointing to previous legislation and attorney general rulings that defines the term.

The practical effect is that under Hines’ interpretation, it narrows the definition so less money could be recognized as revenue relevant to the strictures of the Budget Stabilization Fund, so more money would be loosed to be spent immediately, up to $194 million at present. Barham asked the parliamentarian to rule on whether the matter was as he argued, but that was rejected as beyond the Senate’s competence, meaning the matter is likely to be decided by the courts.

Sen. Robert Adley wanted to see in the Constitution where it was defined connected to the Fund. Sen. Jay Dardenne argued that as the phrase was defined in one part of the Constitution (dealing with the Interim Emergency Board’s estimates), so the same phrase used elsewhere in another part (dealing with the Fund) should mean the same thing.

Sen. Tom Schedler called for not being hasty with this legislation, that prudence was best when financial uncertainties abounded, and that this was a constitutional issue that would be settled by suit, meaning the money would not be available anyway. Adley contended he was not convinced of the constitutional question. He also said the Legislature had to act as a family and should keep its criticism of itself to itself, and then addressed reporters directly, saying they transmitted too much bad news. “We’re a donor to this country, not a taker,” he argued should be reported. He said too many people in the “family” used the media to spread their agenda of “bad news.”

Hines reminded that it would not go into affect until next year, meaning cuts made would not be restored with the redefinition (although that doesn’t mean they won’t be in the January special session). The bill passed 22-14, on almost a party-line vote, with the only Democrat voting against it being Sen. Willie Mount, while the only Republican voting for it (predictably) was Sen. Sherri Smith Cheek.

Given its dubious constitutionality and threat to fiscal integrity, this has been added to the “bad bill” list.

MORE OF THE BAD: SB 113 by Edwin Murray largely mirrors the stultifying provisions of HB 167, outlawing “unfair” residential rents, leaving it up to the Attorney General to decide what is “unfair.” This is way too subjective and interfering in market conditions to be good public policy.

QUOTE OF THE DAY:
“Instead of talking about what’s bad, talk about all the good things we’ve done.”
Adley, during his rambling defense of voting for SB 105.

SCORECARD:
Total House introductions: 168; total Senate introductions: 113.

Total House good bills: 6; total Senate good bills: 6.

Total House bad bills: 12; total Senate bad bills: 7.

Total House good bills heard in committee: 5; total Senate good bills heard in committee: 4.

Total House bad bills heard in committee: 10; total Senate bad bills heard in committee: 6

Total House good bills passing committee: 5; total Senate good bills passing committee: 2.

Total House bad bills passing committee: 5; total Senate bad bills passing committee: 2

Total House good bills passing House: 4; total Senate good bills passing Senate: 2

Total House bad bills passing House: 0; total Senate bad bills passing Senate: 1

Total House good bills heard in Senate committee: 1; Total Senate good bills heard in House committee: 0

Total House good bills passing Senate committee: 1; Total Senate good bills passing House committee: 4

17 November 2005

Floor action, Nov. 17: SB 95

DID YOU KNOW?
SB 95 hit the Senate floor Thursday, the passage of which would go a long ways to bringing rationality to the fragmented levee system in Louisiana. So many districts exist because, like local government across America, grew up in a fragmented fashion as needs arose. Over time, the existing system ossified even as changing times argued for greater efficiency by consolidation. Sen. Walter Boasso’s bill hoped to accomplish this by taking a number of southern levee boards and combining them (while retaining the districts).

Boasso gave an emotional speech, addressing several senators by name, by recounting personal anecdotes about the flooding in St. Bernard Parish, argued how consolidation of levee boards could be the only solution to improving flood protection. “Flood waters don’t discriminate.” He personally thanked Sen. Nick Gautreaux for his efforts in disaster relief. He stressed that levee boards had to maintain flood protection structures, and their responsibility only could be improved by consolidation.

Sen. Francis Heitmeier blamed, in the face of facts, the Army Corps of Engineers for levee failures and tried to exonerate levee boards for their responsibility (despite documented records of the shoddy maintenance and misplaced priorities in spending by these boards). Sen. Julie Quinn called him out on that.

The original bill had gotten amended out Orleans Parish to be included and New Orleans as a domicile for the new agency. Heitmeier offered up an amendment to rectify this, although it did not transfer all of the functions of the Orleans Levee District’s board, just flood control. Sen. Max Malone called Heitmeier on that, inquiring why the Orleans Levee District had an airport, marinas, and $47 million budget. Malone pointed out this was a huge amount of money which he wondered why much of it wasn’t being spent on levees. Nonetheless, the amendment passed without objection.

Quinn also waded into the argument about minimum qualifications, arguing for high standards for board members when others had said it would be difficult to recruit such people. She said a number of people who met this criteria had wanted to serve on these boards but had been rebuffed. Heitmeier said this would restrict board membership to “high-falutin’” people, with which Quinn disputed. Sen. Ken Hollis thought with so many boards out there Quinn’s requirements were too strict, that they needed good “businesspeople.”

In the end, the amendment failed 15-23, but the bill passed 37-0.

DID YOU KNOW?
I happened to check the Republican Caucus listing on the Legislature’s website yesterday and noticed a new name: William Daniel. I figured to mention it in this weekend wrapup, but the press beat me to it by confirming today that he had switched parties. Maybe working for former legislator Democrat Kip Holden’s administration in Baton Rouge pushed him over the edge. This was not entirely a surprise, given his voting score in the regular session that more mirrored Republicans rather than Democrats.

QUOTE OF THE DAY:
“I’d like to have Louis Farrakhan and Jesse Jackson locked in a room for 5 minutes. They claimed [the hurricane response] was racial in nature…. One hundred white … agents, we turned them loose to start saving [African American] lives …. The color of their skin didn’t matter.”
Boasso, in his speech in support of his SB 95.

“Bill Gates called me and wanted to be on the board and he wasn’t qualified.”
Sen. Pres. Don Hines, about the bachelor’s degree requirement initially in SB 95.

SCORECARD:
Total House introductions: 168; total Senate introductions: 112.

Total House good bills: 6; total Senate good bills: 6.

Total House bad bills: 12; total Senate bad bills: 5.

Total House good bills heard in committee: 4; total Senate good bills heard in committee: 3.

Total House bad bills heard in committee: 8; total Senate bad bills heard in committee: 3

Total House good bills passing committee: 4; total Senate good bills passing committee: 2.

Total House bad bills passing committee: 4; total Senate bad bills passing committee: 1

Total House good bills passing House: 4; total Senate good bills passing Senate: 2

16 November 2005

Committee and floor action, Nov. 16: HB 92, HB 59

DID YOU KNOW?
The Senate Finance Committee couldn’t work its way through issues regarding the Budget Stabilization Fund, and then got more bad news about its obligation concerning federal aid.

A trio of bills trying to expand the state’s ability to tap into the fund got hung up on amendments and technicalities, such as defining when a “disaster” occurs that would allow the enlarged authority to withdraw from the fund (now set at one-third its total under “normal” circumstances). The committee had to set aside further discussion until tomorrow to make way for an update from Legislative Auditor Steve Theriot.

Theriot testified that the problem facing the state is that, in the disbursement of funds to individuals, even if the state has no control over who applied for them, the state owes a matching payment for them. Even if in many other areas of assistance there are no matching requirements (or won’t be until after Nov. 25), the tab due the federal government for all now is estimated at $3.5 billion. No state ever has been exempted from this, and the state would be expected to pay it back in three to five years (although the federal law is indeterminate here). A 60% penalty begins after 90 days, and interest is at 1 percent. Other costs are to be expected to continue to be borne after 11/26, so the figure will go higher.

Sen. Joe McPherson accused FEMA of “spending like a drunken sailor,” and felt the state was treated unfairly by being unable to control or to understand the ramifications of the spending until after it had started. He faulted the federal government for policies that encouraged unemployment, saying some people were living off these payments (disaster and unemployment) and are not willing to go back to work as a result.

Theriot noted that he was still getting answers, but the state was highly unlikely to be forgiven these payments, and must be prepared to deal with them.

DID YOU KNOW?
Rep. Jalila Jefferson-Bullock pulled her from the calendar to the floor HB 59, which would allow people whose identity never has been confirmed to vote in Louisiana elections, as long as they were registered 30 days prior to the last presidential election but before Sep. 24, 2005, for the next year – that is, through the 2006 cycle. She argued this would only be several hundred people in Orleans, less than four thousand statewide, and that fraud possibilities were low and would be vigorously prosecuted. Rep. Charlie Lancaster did point out these names were a matter of public records, implying that they could be used illegally. He also would point out that the bill nor the existing law could provide really affirmative identification. “We don’t even know if these people have even left the [affected areas].”

Rep. Peppi Bruneau strongly objected to Jefferson-Bullock’s assertion that fraud would be difficult, and said “We are slipping down a slippery slope on this matter,” describing how even if the bill’s eligible registrants have been winnowed down, the flawed principle still remained. “We’ve had them before … this is the opportunity to have them again.”

Rep. Mike Walsworth also pointed out that these people were residing out of state other than students or military personnel, who have to positively identify themselves when registering, which made it a great departure from the past practices concerning absentee voting. Rep. Don Cazayoux said these were extreme times deserving such a solution. Bruneau said the law could be followed by showing up at the polls: “I’d crawl on my knees from Dallas to vote … I’d thumb it if I had to.”

Both Bruneau and Rep. Steve Scalise had amendments which would have tightened procedures even further, but they withdrew their amendments and urged defeat of the bill. Rep. Billy Montgomery said he wasn’t going to tell members how to vote, but that a vote for this bill in committee or elsewhere for it did not constitute acceptance of fraud. Cazayoux said the issue was sending a signal to support voting rights, downplaying the possibility of fraud. “We pass things all the time balancing rights against potential harm.”

The bill failed 45-52. Almost every Republican voted against it, obviously joined by some Democrats.

DID YOU KNOW?
HB 145 and HB 146 which would raid the Budget Stabilization Fund were yanked from the agenda and put back on the calendar.

DID YOU KNOW?
SB 6, the Senate version of HB 59, yesterday was voted down 16-20 but was resuscitated in the Senate as people outside of that august body sat down for dinner. Of the three senators who missed yesterday’s vote, Noble Ellington and James David Cain voted against it while Chris Ullo went for it, while voting against it yesterday Tom Schedler and Julie Quinn both were absent. Also flipping sides from yesterday were Ben Nevers and Nick Gautreaux. That actually gave the yeas a 19-18 advantage, but Senate rules require a majority of the seated Senate to pass measure, and thus it was defeated.

THURSDAY: HB 9 is scheduled to be heard by the Senate and Governmental Affairs Committee.

THE BAD: HB 167 by Cheryl Gray would outlaw “unfair” residential rents, leaving it up to the Attorney General to decide what is “unfair.” This is way too subjective and interfering in market conditions to be good public policy.

THURSDAY: HB 9 is scheduled to be heard by the Senate and Governmental Affairs Committee.

QUOTES OF THE DAY:
“With the ‘isle of Orleans,’ maybe we ought to find some way separate it from the state.”
Sen. Noble Ellington, jokingly suggesting getting New Orleans recognized this way because Theriot said the only forgiveness ever given to the kind of bill soon due from the state was those involving U.S. territories, all islands.

“I am not for fraud in voting.”
Montgomery, during the HB 59 debate, defending his vote in committee for the bill.

“We should not take a sludgehammer and kill all those who vote through this bill who do not commit fraud.”
Rep. Willie Hunter, during the HB 59 debate.

“He made that thing sing the national anthem”
Bruneau, recalling a voting machine demonstration in 1980.

SCORECARD:
Total House introductions: 167; total Senate introductions: 111.

Total House good bills: 6; total Senate good bills: 6.

Total House bad bills: 12; total Senate bad bills: 5.

Total House good bills heard in committee: 4; total Senate good bills heard in committee: 2.

Total House bad bills heard in committee: 8; total Senate bad bills heard in committee: 3

Total House good bills passing committee: 4; total Senate good bills passing committee: 1.

Total House bad bills passing committee: 4; total Senate bad bills passing committee: 1

Total House good bills passing House: 4; total Senate good bills passing Senate: 1

15 November 2005

Floor action, Nov. 15: HB 156

DID YOU KNOW?
The House Appropriations Committee decided today that HB 145 and HB 146 would be the vehicles by which to raid the Budget Stabilization Fund. As such, these bills replace HB 153 and HB 154 in the bad bill category.

DID YOU KNOW?
HB 156 came due in the House. The most interesting exchange came between Rep. Robby Carter asking about all of the giveaways – Saints, golf rounds, etc. Author Rep. John Alario responded by saying these were contractural arrangements except for money for the bowl games, of which the Sugar Bowl gave theirs back and the New Orleans Bowl gave back 5 percent.

Rep. Troy Hebert put forward an amendment to have each department slash by 10 percent the number of upper management positions. Even though it was opposed by Alario, it still passed 53-44, freeing this money for their use withn their departments.

Rep. Michael Jackson tried to amend to remove language that said the House essentially admitted the governor had the authority to cut up to 10 percent of general fund expenditures, which would moot the case brought by the Legislative Black Caucus. Supporters said it would resolve a constitutional question, while detractors said it would cost money. The amendment was thrashed with most votes for it coming from members of the Caucus.

Rep. Peppi Bruneau proposed an amendment that would allow the Senate to give back some money from operations, as had the House. He pointed out he left a blank in the amendment for the Senate to fill in, and hoped they would put something in there, then withdrew it, his point made.

Rep. Willie Hunter proposed an amendment that changed whoever’s oxen would be gored, although he wanted taken out language that essentially did what Jackson’s failed amendment would have done. Essentially, it would take money from the District Attorneys and a lot of programs they felt would not have to be funded because of underutlization in ravaged areas, and to restore the Rural Development Fund cut by Gov. Kathleen Blanco. But Alario said the cuts would not be enough to compensate, because it restored full funding in the areas the bill originally cut, then cut them only by 10 percent, throwing the budget adjustments out of whack.

Even with division of the amendments, every substantial part of it failed. Essentially, all that got left were technical amendments which passed. And the bill, cutting $94 million, passed with just one dissenting vote.

THE BAD: SB 108 by Sen. Pres. Don Hines is the Senate’s attempt to raid the Budget Stabilization Fund, largely tracking the language of HB 145 and HB 146 (allowing a 75 percent raiding rather than one-third), in tandem with Sen. Francis Heitmeier’s SB 92.

WEDNESDAY: Yes, for yet another day, HB 76 is scheduled to be heard by the House Commerce Committee; SB 92 and SB 108 are scheduled to be heard by the Senate Finance Committee; SB 95 is scheduled to be heard again by the Senate Transportation, Highways, and Public Works Committee.

QUOTE OF THE DAY:
“To the land of the plush from the land of the necessary.”
Bruneau, describing his perceived difference between the Senate and House.

SCORECARD:
Total House introductions: 166; total Senate introductions: 110.

Total House good bills: 6; total Senate good bills: 6.

Total House bad bills: 11; total Senate bad bills: 5.

Total House good bills heard in committee: 4; total Senate good bills heard in committee: 2.

Total House bad bills heard in committee: 8; total Senate bad bills heard in committee: 2

Total House good bills passing committee: 4; total Senate good bills passing committee: 1.

Total House bad bills passing committee: 4; total Senate bad bills passing committee: 1

Total House good bills passing House: 4; total Senate good bills passing Senate: 1

14 November 2005

Floor action, Nov. 14: SB 71, SB 49, HB 162

DID YOU KNOW?
SB 71 is a first step towards taking the patchwork of different authorities and trying to coordinate them as far as coastal restorations and protection. Its author Sen. Reggie Dupre argued for the new board for its planning and coordinating. It also would be the coordinating agency for DNR and DOTD launching projects from its fund. Sen. Joe McPherson worried whether a situation of separate levee boards would arise without much coordination. Sen. Walter Boasso (whose SB 95 goes even further in south Louisiana by creating a “superagency” levee board) wondered the opposite, whether local needs would be subject to political whims. Dupre emphasized local agencies’ revenues and federal projects would not be affected by this. Only the fund’s money (from a constitutional amendment passed in 1989) and nonrecurring funds would be controlled by it. Boasso thought it too tilted to the state, but Dupre argued it was a kind of accountability measure. “This is not a takeover of local jurisdictions … it is an oversight measure,” he argued. Boasso also thought north Louisiana districts should be included, but Dupre said they were just too far removed from the central thrust of the bill.

This bill never was in doubt, with 24 co-authors, and passed 38-0. Underscoring its importance, Gov. Kathleen Blanco was there listening, and thanked the Senate for its support of the bill afterwards.

DID YOU KNOW?
SB 49 also is a first step, towards educational reform, stressed by author and part-time singer Sen. Ann Duplessis. She said “it’s all about the children,” maybe some special interests are left out, but it’s a better method of educating children in New Orleans affected by problems now. Not rushing to it, “if not now, when; it’s not a new topic or problem.” Officials must act now, the public expects it, she claimed. Other issues will have to wait. “Shame, shame on anybody who says they want to take care of failing schools and elect not to vote for this piece of legislation … you’d rather give those children 100% of nothing rather than a 50% chance of success.” She briefly outlined the bill: it transfers failing schools into recovery district, only one method of which is chartering. It would requires community input, with an eventual transfer back. Further, it does not restrict collective bargaining. It picked up 21 co-sponsors and passed 34-4.

DID YOU KNOW?
Interesting, simultaneously in the Senate as SB 49 went through and SB 70 lifted the cap on the number of charter schools, in the House Rep. Karen Carter argued with her HB 161 that such efforts in Algiers could be halted by the attorney general. Several members questioned why that official should overrule a specified power of local officials (her objection in part being that local officials should not control a charter school district board). For example, Rep. Mike Walsworth pointed out this kind of action could be overruled by a judge on citizen suit. Carter said it was an emergency situation and she was trying to protect the public. Rep. Jeff Arnold said the bill was narrowly targeted that would continue delay the opening of Orleans schools, and pointed out legally that elected school board members could be on it, that there was no real problem or controversy there. Rep. Cedric Richmond said the board was controlled by the essentially same entity who financially mismanaged the Orleans system, but Arnold pointed out the Board of Elementary and Secretary Education would oversee charter schools. Rep Jim Tucker said this innovative way of educating would produce immediate access to money to operate and its governing board was an initial compromise that would change into a mostly community-based board. The bill failed 29-71.

THE BAD: HB 162 by Willie Hunter in part would undo cuts made by Gov. Kathleen Blanco by executive order prior to the session. The cuts were justified and undoing them would cause things such as the Tuition Opportunity Performance Scholarship program to be cut instead.

TUESDAY: SB 95 is scheduled to be heard by the Senate Transportation, Highways, and Public Works Committee.

QUOTE OF THE DAY:
“Happy birthday to you …”
The “Supremes,” composed of female senators led by Sharon Weston Broome, serenaded Sen. Pres. Hines on his birthday.

SCORECARD:
Total House introductions: 163; total Senate introductions: 95.

Total House good bills: 6; total Senate good bills: 6.

Total House bad bills: 12; total Senate bad bills: 3.

Total House good bills heard in committee: 4; total Senate good bills heard in committee: 2.

Total House bad bills heard in committee: 6; total Senate bad bills heard in committee: 2

Total House good bills passing committee: 3; total Senate good bills passing committee: 1.

Total House bad bills passing committee: 2; total Senate bad bills passing committee: 0

Total House good bills passing House: 1; total Senate good bills passing Senate: 1

13 November 2005

Committee action, Nov. 13: HB 156

The hearing by the House Appropriations Committee on HB 156 was perfunctory, but perhaps indicative of its linkage to HB 157 and a coming battle ahead.

In the few minutes that the committee met, HB 156 author and chairman John Alario said the bill contained fewer cuts that previously believed necessary (about $94 million), but that it did not restore previous cuts outlined by Gov. Kathleen Blanco. He stressed no borrowing was involved, and in fact yanked HB 157 which would have permitted it from the committee’s calendar.

This brought questioning from Rep. Cedric Glover who confirmed these programs remained unfunded in part or whole. Borrowing would be one way to restore any or all of these cuts. It remains to be seen whether members of the Legislative Black Caucus will use their united muscle to deny HB 156 unless they get amendments to it and passage of HB 157 to be able to spend more. But fiscal conservatives have their own vetoing ability with HB 157, unless that is amended to put in strict controls on use of the borrowed money for continuing operations. Therefore, sparks could fly, if not a train wreck ensue, over the next few days.

After a review of HB 156, it has been added to the list of good bills, considering from where it cuts come.

MONDAY: For yet another day, HB 76 is scheduled to be heard by the House Commerce Committee; HB 157 is scheduled to be heard by the House Appropriations Committee; SB 5 is scheduled to be heard by the Senate Local and Municipal Affairs Committee; SB 6 is scheduled to be heard by the Senate and Governmental Affairs Committee.

SCORECARD:
Total House introductions: 161; total Senate introductions: 95.

Total House good bills: 6; total Senate good bills: 6.

Total House bad bills: 11; total Senate bad bills: 3.

Total House good bills heard in committee: 4; total Senate good bills heard in committee: 2.

Total House bad bills heard in committee: 6; total Senate bad bills heard in committee: 2

Total House good bills passing committee: 3; total Senate good bills passing committee: 1.

Total House bad bills passing committee: 2; total Senate bad bills passing committee: 0

Total House good bills passing House: 1; total Senate good bills passing Senate: 0

12 November 2005

Legislative first extraordinary session through Nov. 12

THIS WEEK FOR THE GOOD: HB 9 was passed by committee with minor amendments 9-0, passed the House 84-20 with a major amendment; HB 24 was passed by committee 15-0; HB 121 passed committee with minor amendments 15-0; SB 49 was passed by committee with minor amendments.

THIS WEEK FOR THE BAD: HB 31 was passed by committee 10-6; HB 59 was passed with by committee with major amendments 5-4.

SUNDAY: HB 157 is scheduled to be heard by the House Appropriations Committee.

SCORECARD:
Total House introductions: 161; total Senate introductions: 95.

Total House good bills: 5; total Senate good bills: 6.

Total House bad bills: 11; total Senate bad bills: 3.

Total House good bills heard in committee: 3; total Senate good bills heard in committee: 2.

Total House bad bills heard in committee: 6; total Senate bad bills heard in committee: 2

Total House good bills passing committee: 3; total Senate good bills passing committee: 1.

Total House bad bills passing committee: 2; total Senate bad bills passing committee: 0

Total House good bills passing House: 1; total Senate good bills passing Senate: 0

11 November 2005

Floor action, Nov. 11: HB 9, HB 51, HB 59

DID YOU KNOW?
HB 9 author Rep. Eric LaFleur outlined this bill, which imposes additional reporting requirements on elected officials and some appointed officials and spouses on recovery-related contracts. But Rep. Peppi Bruneau (wearing a “Rebuild right” button) had an amendment to broaden the requirements.

He riffed off of LaFlaeur’s attempt at sarcasm about how somehow Louisiana politicians were more suspect ethically. He said Louisiana was different, practically an “autocracy,” because it operated by the “Louisiana Way” (coined by current jailbird but former Gov. Edwin Edwards). He said now that Louisiana was in the national spotlight, and the Louisiana Way was perhaps the “wrong” way. “We’ve got to start to functioning like others places,” he argued, and that his amendment brought the state closer to that.

But Speaker Joe Salter ruled the amendment, which went beyond officials and spouses, was nongermane (because existing law on reporting requirements dealt only officials and spouses). Bruneau sharply disagreed, saying germaneness was relevant to the bill, not to the session call. Further, he argued that on a recent similar occasion such an amendment was declared germane. But he did not challenge the ruling and the amendment automatically was withdrawn.

Yet Bruneau wasn’t done. He came back with another amendment, pointing out the language in the state ethics codes was “immediate family members” and used that language. Rep. Don Cazayoux said that wording did deviate from requirements for legislators. Bruneau countered that for the rest of the covered people, it did. A number of speakers objected in whole and in part to the amendment. But this amendment did past muster both in germaneness and in vote, winning 93-7.

The final bill, whose changes are marginal at best, was the subject of debate for over an hour-and-a-half. Throughout, several members kept objecting to it on the grounds, particularly because of Bruneau’s amendment, that it created too complex requirements. Twice members asked to return it to the calendar. It passed 84-20.

DID YOU KNOW
Bruneau would be back with his HB 51 which would impose a prohibition on activities in HB 9, but withdrew it because he knew its germaneness would be challenged (item #6 of the call referred only to reporting). And then the voting fraud-encouraging HB 59 by Jalila Jefferson-Bullock was sent back to the calendar.

THE GOOD: SB 95 by Walter Boasso combines the southeastern levee boards into one regional board. This would facilitate efficiency and coordination in flood protection efforts.

THE BAD: HB 157 by John Alario would allow debt to be issued for continuing operations of the state. This is a dangerous thing to do, especially when sensible cuts can be made to the budget. The state tried this15 years ago and is still digging out from under this debt.

SATURDAY: HB 140 and HB 157 are scheduled to be heard by the House Appropriations Committee.

QUOTES OF THE DAY:
“’Dictate’ keeps coming up over and over again [in the constitution and laws] … you’d think we’re in a fascist state…. You lawyers will say we can reasonably disagree, except there’s no such thing as a ‘reasonable’ lawyer.”
Bruneau, arguing for his amendment to HB 9.

“What is your present marital status; it’s hard to keep up with it?”
Rep. Ernest Wooton, recent convert to the Republican Party, during the debate on Rep. Troy Hebert’s amendment to HB 9. Hebert then asked, “Can I get a ruling on the germaneness of this?”

“This amendment is just technical – it guts the whole bill”
Cazayoux jokingly suggested with his amendment to HB 9.

Hebert: “We’re not crooks with federal dollars, but we’ve got a bunch of crooks with state dollars. Is that the message we’re trying to send?”
LaFleur: “I hope Washington isn’t watching this debate”
Hebert: “I hope they are, to see this farce.”

“Our world-famous Ethics Board, which should be in ‘Ripley’s Believe It or Not?’”
Rep. Warren Triche, before he ripped into what he termed the selective enforcement practices of the agency, calling it discriminatory and lacking integrity: “some of them ought to leave their meetings with their hands up”

“What have we done for the past two hours to help people recover from the hurricanes?”
Rep. Cedric Richmond, complaining about HB 9 that he said was unnecessary to prove that Louisiana officials were honest, to scattered applause.

SCORECARD:
Total House introductions: 158; total Senate introductions: 95.

Total House good bills: 5; total Senate good bills: 6.

Total House bad bills: 11; total Senate bad bills: 3.

Total House good bills heard in committee: 3; total Senate good bills heard in committee: 2.

Total House bad bills heard in committee: 5; total Senate bad bills heard in committee: 2

Total House good bills passing committee: 3; total Senate good bills passing committee: 1.

Total House bad bills passing committee: 1; total Senate bad bills passing committee: 0

Total House good bills passing House: 1; total Senate good bills passing Senate: 0

Committee action, Nov. 10: HB 59, SB 11, SB 14, SB 55

DID YOU KNOW?
Welcome to the Louisiana Senate: its newest senator Julie Quinn got peppered by questions from fellow senators on the Senate Revenue and Fiscal Affairs Committee concerning her SB 11, and related bills, which seemed fairly obvious in its intent. It is intended to allow assessment of properties at their values after “public calamities” to apply for the entire year, rather than prorated values. Some openly wondered whether the legislation was constitutional. Other witnesses argued this would cut local government’s ability to provide services and rebuild. Quinn argued that her bill was being hijacked by SB 14, Tom Schedler’s version, muddying the waters concerning her bill.

This question, reassessment vs. prorata, had to be deferred as the Senate was convening. It recovened about an hour-and-a–half later. The subject turned to whether a compromise could be reached between the two, where different parishes could choose different approaches. Eventually, Robert Adley proposed that the state completely step out of the process and give the parishes the right to determine which way they would go. The committee agreed and thus ended the marathon session.

DID YOU KNOW?
Adley argued that his SB 55 only notified people about provisions in their insurance policies. This is true: a couple of days previously the Senate Insurance Committee effectively gutted the parts of the bills which would have forced insurers to write policies anywhere in the state and potentially force these companies to not make policyholders pay deductibles unless the federal government picked up the tab. It is almost identical to SB 48 by Edwin Murray. As such, it may go no further in the House if Murray’s bill is preferred and, having been rendered harmless, will be dropped from the list of bad bills.

DID YOU KNOW?
One of Jalila Jefferson-Bullock’s obnoxious trio of bills, HB 59, did squeak through the House and Governmental Affairs Committee by a single vote along partisan lines. While there were many amendments to it that got rid of its worst features, it still will allow for phantom residents of parishes to be able to vote. While it limits the time period (one year) and dictates that only those who have voted in a way other than by mail previously are subject to it, it still would allow people outside of their parish of residence to vote by claiming they really are still “residents” of the parish even if they subsequently never return. This would be in affect for anybody voting early in the 2006 congressional elections (perhaps in order to save her embattled father’s seat), as well as New Orleans city elections.

THE GOOD: HB 150 by Mike Powell would amend the Constitution to create more fiscal discipline by creating a fund in which to put any donations, other one-time sources of revenues, and non-recurring revenues. It would act like a lockbox that could be raided only if a projected deficit breached $900 million (in other words, for this year). Further, it would remove funds ordinarily to be dumped into the Budget Stabilization Fund for this past year into this fund, meaning these dollars could not be redirected this into operating expenditures, as some have proposed for this year.

THE BAD: On the other hand, Willie Hunter’s HB 153 and HB 154 are a light version of John Alario’s HB 152 and HB 145 and HB 146 to provide the constitutional amendment vehicle for them; Hunter’s allows raiding of the Budget Stabilization Fund when it is in excess of $461 million in the near term (as it is, which would allow drawing out more money than the Constitution currently would allow). Alario also swapped out HB 151 for HB 140, making the threshold that could be put into the fund seven rather than four percent of general fund revenues. Twice nothing is still nothing.

FRIDAY: Believe it or not, HB 31 and HB 76 are scheduled still yet again to be heard by the House Commerce Committee.

QUOTE OF THE DAY:
“This is Sen. Adley’s ‘get the freshman’ technique.”
Quinn, half-jokingly, about Adley’s pointed questions about SB 11 and SB 14. Adley replied she would get the right to close, but that it rarely equalized accounts.

SCORECARD:
Total House introductions: 155; total Senate introductions: 92.

Total House good bills: 5; total Senate good bills: 5.

Total House bad bills: 10; total Senate bad bills: 3.

Total House good bills heard in committee: 3; total Senate good bills heard in committee: 2.

Total House bad bills heard in committee: 5; total Senate bad bills heard in committee: 2

Total House good bills passing committee: 3; total Senate good bills passing committee: 1.

Total House bad bills passing committee: 1; total Senate bad bills passing committee: 0

09 November 2005

Committee action, Nov. 9: HB 9 and HB 51

Many seemed disappointed when the “ethics” bills introduced in the special session didn’t seem to have much in the way of teeth. Sponsor of HB 9 Rep. Eric LaFleur had an explanation in front of committee. LaFleur explained the reason why the bill only had reporting for an elected official and limited family members was because some situations might be where the only provider of something for FEMA money was one of these people. To outlaw them from having these contracts might legitimately deprive the market of some necessary goods or services.

This did not impress Rep. Peppi Bruneau. He complained too much in the way of preferments could occur, and he was disappointed because when trying to put HB 9 and his HB 51 together the committee’s amended version of did not include family members beyond the spouse. The committee wanted to put forward one bill per subject matter, so he got the committee to ask for a floor amendment to alter unanimously-passed HB 9 to include all members. He pointed out that his bill had penalties attached, and that these should stay in the final bill.

THE BAD: HB 140 by John Alario tries to get around the constitutional provision that excess monies from certain revenue sources be shunted to the Budget Stabilization Fund, by placing a cap on the amount (4 percent) tied to the total state revenue, allowing more feeding to the voracious state appetite for spending money. But that’s not all; he also introduced HB 145 and HB 146 which would allow 75 percent, rather than the present one-third, of the fund to be raided in a year where an emergency declaration has been given.

THURSDAY: HB 31 and HB 76 are scheduled still yet again to be heard by the House Commerce Committee; SB 34 is scheduled to be heard by the Senate Revenue and Fiscal Affairs Committee; SB 49 is scheduled to be heard by the Senate Education Committee;

QUOTE OF THE DAY:
“But you had a lot more fun in law school than I had.”
Bruneau to Rep. Charlie Lancaster, when comparing their law school experiences at Loyola.

SCORECARD:
Total House introductions: 148; total Senate introductions: 86.

Total House good bills: 5; total Senate good bills: 5.

Total House bad bills: 9; total Senate bad bills: 4.

Total House good bills heard in committee: 4; total Senate good bills heard in committee: 0.

Total House bad bills heard in committee: 3; total Senate bad bills heard in committee: 1

Total House good bills passing committee: 3; total Senate good bills passing committee: 0.

Total House bad bills passing committee: 0; total Senate bad bills passing committee: 1

Legislative first extraordinary session action for Nov. 9

Filing is decreasing while committee action is heating up. We might actually get some good debate going, finally.

THE GOOD: Carl Crane’s HB 121 is an even more-comprehensive version of SB 49 in transferring consistently failing schools to state control and facilitating use of charter schools if necessary.
(Note: HB 24 by Bryant Hammett will replace HB 25 in the list, as it has emerged as the preferred vehicle for preventing federal disaster tax credits from increasing state income tax liability. It already has been passed out of committee. This reduction is reflected in the scorecard.)

WEDNESDAY: HB 16 is scheduled to be heard by the House Administration of Criminal Justice Committee; HB 9, HB 51, HB 58, HB 59, and HB 100 are scheduled to be heard by the House and Governmental Affairs Committee; HB 76 is scheduled yet again to be heard by the House Commerce Committee; HB 121 is scheduled to be heard in the House Education Committee; SB 6 is scheduled to be heard by the Senate and Governmental Affairs Committee; SB 55 is scheduled to be heard by the Senate Insurance Committee.

SCORECARD:
Total House introductions: 132; total Senate introductions: 78.

Total House good bills: 5; total Senate good bills: 5.

Total House bad bills: 6; total Senate bad bills: 4.

Total House good bills heard in committee: 2; total Senate good bills heard in committee: 0.

Total House good bills passing committee: 1; total Senate good bills passing committee: 0.

08 November 2005

Legislative first extraordinary session action for Nov. 8

And they keep coming:

THE GOOD: SB 49 by Ann Duplessis provides the vehicle by which schools with a proven track record of failure may be taken over by the state, including using charter arrangements, which will help immensely in getting Orleans schools up and going. SB 63 by Jay Dardenne further strengthens ethics laws for state officials relative to contracts for disaster reconstruction.

THE BAD: SB 55 by Robert Adley declares open season on insurance companies, forcing those that write policies anywhere in the state to write them in risky areas, which may cause problems if the state holds their rates artificially low, but worse is that insurers cannot force policyholders whose policies call for deductibles for wind and flood to pay it unless those holders are eligible to get funds from the federal government to pay for these damages. (There are other bills in both chambers that also have something like this latter provision, but Adley’s is the most unfair to insurers.)

TUESDAY: HB 76 is scheduled again to be heard by the House Commerce Committee; HB 25 is scheduled to be heard by the House Appropriations Committee; SB 34 is scheduled to be heard by the Senate Revenue and Fiscal Affairs Committee.

SCORECARD:
Total House introductions: 120; total Senate introductions: 69.

Total House good bills: 5; total Senate good bills: 5.

Total House bad bills: 6; total Senate bad bills: 4.

07 November 2005

Legislative first extraordinary session action for Nov. 7, continued

The Senate has lagged the House in proposing several things. For example, four separate bills address a uniform construction code, but with HB 76 already out of the gate in committee, it’s uncertain which if any will gain the Senate’s backing. Several others have counterparts in the House to which purposes are essentially identical. A handful are noted here that differ in some significant respect from house versions.

THE GOOD: James David Cain’s SB 15 takes existing ethics reporting laws and expands them to cover any disaster relief activities. SB 34 by Jay Dardenne potentially expands tax credits claimable under state tax law for filers with expenses related to the disasters, even beyond the three House bills.

THE BAD: Cleo FieldsSB 45 would force the state to continue to pay salary and benefits for state workers who are not working – all those who have and haven’t gotten work, temporary or permanent, since Aug, 29, 2005, can double-dip courtesy of the Louisiana taxpayer without doing a thing for the state.

THE UGLY: Dardenne’s SB 13 wouldn’t quite qualify as ugly because it ratifies Gov. Kathleen Blanco's decision to freeze spending on the notorious urban and rural funds, but because it makes one exception out of the many forsaken projects – the Rapides Parish Law Enforcement District for Louisiana Youth Academy Program. Why?

SCORECARD:
Total House introductions: 104; total Senate introductions: 48.

Total House good bills: 5; total Senate good bills: 3. (note: counts as one any one of the three bills dealing with tax credits)

Total House bad bills: 6; total Senate bad bills: 3.

Legislative first extraordinary session action for Nov. 7

For this short session, bills get filed quickly …

THE GOOD: Peppi Bruneau’s HB 51 does the same thing only better than does HB 9, as it extends reporting requirements to transactions involving family members of officials and lowers the threshold to five percent. Any of HB 49, HB 50, or HB 53 will not allow for receipts of disaster aid from the federal government to increase state income tax liability. HB 76 by Gil Pinac provides the infrastructure for the state to create a uniform building code, cited as a key measure to obligate the building of new structures much more resistant to natural disasters.

THE BAD: Jalila Jefferson-Bullock seems to be obsessed with cornering the market on bad bills. Her HB 57 has some laudable housekeeping points regarding voter registration and voting, but it contains some of the same bad provisions of SB 6 that encourage fraud. Her HB 58 goes even further, allowing people who never really intend to return to the state or may intend to but never will, or who will vote in multiple states, to vote easily in Louisiana and affects its elections. Her HB 59 permits any nonprofit that claims it deals with displaced people to call them displaced and make them eligible for the loose security for voting replicated from SB 6 – again, a wide-open invitation for fraud. Joining her is Cedric Richmond’s HB 100 which mimics the bad parts of SB 6, with the major difference being that these bills ask for a minimum one year (to affect the 2006 elections), extendable by the governor at her discretion, and SB 6 extends it for a fixed period ending at the end of 2008.

THE UGLY: Jefferson-Bullock continues to ride low with HB 75, which essentially says banks can make loans to entities in poorer areas affected by the hurricanes, as long as these loans put no more than 10 percent of their capital on the line. Since when does the Legislature have to tell banks how to go about making money by stating the obvious and trying to regulate it?

… and also considered quickly:

MONDAY: HB 76 is scheduled to be heard by the House Commerce Committee.

DID YOU KNOW:
The good old boy Democrats on the House Appropriations Committee used the opportunity presented by Legislative Auditor Steve Theriot’s testimony about financing to try to score political points. Rep. Francis Thompson complained that while the rest of the country accused Louisiana of squandering money the Federal Emergency Management Agency was allowing corruption to occur in the use of its money. Rep. Charlie DeWitt accused the federal government of conducting a vendetta against the state, treating Louisiana differentially from others. They need to remember that if you, as they and their ilk have for decades, call the tune …

QUOTE OF THE DAY:
We’ll give them those refrigerators left out.”
Theriot, when Rep. Hoppy Hopkins noted that if the state couldn’t pay back monies owed to FEMA that it would repossess New Orleans, referring to gutted appliances lining the streets of New Orleans.

05 November 2005

The Good, the Bad, and the Ugly: Prefiled bills -- Week of Nov. 4, 2005

Welcome to coverage of the 2005 First Extraordinary Session of the Louisiana Legislature. As in the past, this blog will identify the best and worst bills from the session from Nov. 6 to possibly Nov. 22, and periodically report on the committee and floor actions, and the ultimate fate, of these bills. Given the narrow subject areas of the call, obviously hurricane-related, we should not expect to see many, if any, bills with a substantial long-term impact emerge, but who knows with this gang?

The short prefiling session permitted after the announcement of the call has produced some bills of note:

THE GOOD: HB 9 by Eric LaFleur represents a limited, but always welcome, effort to impose meaningful ethics constraints on elected officials, in this case legislators’ dealings with contracts related to hurricane disaster reconstruction. All it really does is ask for reporting of certain transactions, but that’s better than nothing. HB 25 by Joel Robideaux increases deduction from state income taxes for federal income taxes paid by the amount of presidential disaster area disaster relief credits. This allows for a greater tax deduction from state taxes for people victimized by the disasters. SB 5 by Tom Schedler gives authority to governments to temporarily slash compensation of without having to lay off employees, critically necessary as thousands of them currently are getting paid for not doing anything.

THE BAD: HB 16 by John LaBruzzo only complicates and makes more subjective the present law dealing with commerce around disasters by creating a separate crime of “price gouging,” the vagueness of which makes it ripe for politically-motivated prosecutions. HB 31 by Troy Hebert does not allow a contractor who subcontracts disaster-related work from keeping more than 15% of the total contract paid (that is, at least 85% of the amount must be paid out to subcontractors). This is a clumsy law the stunts entrepreneurial activity. Its goal is to prevent people (perhaps possibly connected to government officials) from making a lot of money simply acting as little more than go-betweens. Much better would amendments to create a sliding scale; that is, as the profit percentage for the contractor relative to the subcontractors goes higher, a large and larger portion of it must be returned to the government. SB 6 by Charles Jones removes certain ant-fraud safeguards in voting by mail. Unless the bill is changed to specify this provision applies only to those who registered by mail prior to the disasters, it would allow for the registration of phantom residents and have them vote, all without ever being verified by registrars. Jones also introduced SB 7 which would allow a handful of state officials (not even the entire Legislature) to alter unilaterally temporal aspects of voter registration and voting, again inviting fraud into the process.

SCORECARD:
Total House introductions: 33; total Senate introductions: 12.

Total House good bills: 2; total Senate good bills: 1.

Total House bad bills: 2; total Senate bad bills: 2.

16 July 2005

Legislative regular session wrapup and governor's score

By the same methodology used in the last post, we can also grade the performance of Gov. Kathleen Blanco, with one assumption. For 19 of the votes, since she signed them she clearly was in support of them, and not in support of the one she vetoed, HB 415. We must assume she supported neither of the amendments to HB 1 also listed in the index.

Therefore, Blanco scored a 42, right around the Democrat average for the Legislature. Not only can she not be called atypical of state Democrats, she can’t even be called a conservative Democrat, according to this analysis.

15 July 2005

Legislative regular session wrapup and legislator scores

As indicated previously, of the good and bad bills selected for observation in the 2005 Regular Legislative Session of the Louisiana Legislature, 20 made it all the way to the governor who signed them all except HB 415 (see below). By category, and with a brief description, they are:

THE GOOD
HB 242 – places small but additional restrictions on abortion
HB 311 – makes for a thriftier state employee retirement system
HB 386 – lops off unneeded government agencies
HB 415 – rids the state of a costly, low-turnout January local election date
HB 654 – provides funds for I-49
SB 44 – places tighter controls on vehicle purchases by state officials
SB 53 – attempts to allow Louisiana federal elections to occur with the rest of the nation’s
SB 146 – slightly limits students’ access to junk foods at school
SB 323 – reforms indigent defense in the state

THE BAD
HB 21 – allows payment to members of the Allen Parish Tourism Commission
HB 219 – allows an additional surcharge on motor vehicle offices transactions
HB 560 – reduces the amount of information provided by the governor on her budget
HB 631 – corporate welfare for the sound recording industry
HB 731 – corporate welfare for the motion picture industry
HB 763 – places a floor on gasoline retail prices
HB 887 – sick tax of 1.5% on hospital revenues
SB 47 – empowers the Morehouse Parish Lake Commission to gather money to build another useless lake
SB 190 – makes into law state the standard that poor people get free medical care, everybody else has to spend almost everything they have first into order to get it
SB 246 – corporate welfare for the rubber manufacturing industry
SB 341 – corporate welfare for the interactive digital media industry

In addition, there is one other vote of overriding importance. That was Republican-sponsored amendments to provide pay raises for educators without raising taxes. This was not one of the bills tracked in the Log since HB 1 is impossible to evaluate as a whole and passes usually close to unanimously. The devil is in the details for sure here, and these amendments in each chamber really spell out the priorities of legislators.

Altogether, this provides 21 votes on which to assess the performance of each legislator. However, some are more important than others, so, in my own judgment, I have devised a weighing where the educator pay vote is worth 6, four next most important votes are worth 4, the four next most important 3, the four next most important 2, and the eight least important worth one. Here’s is the way I judge the importance of these votes:

6X – vote #145 on Tucker amendment or vote #968 on Schedler amendment
4X – HB 887, HB 242, HB 311, HB 763
3X – SB 654, HB 386, SB 44, HB 219
2X – SB 323, SB 47, HB 560, HB 415
1X – HB 631, HB 731, SB 246, SB 53, SB 146, SB 190, SB 341, HB 21

So from this, an index may be constructed for each legislator where a maximum score of 100 means a legislator has voted in the best interests of the state’s people on every key vote while a 0 means voting against the state’s people’s best interests on every occasion. Absent votes for bills are counted as “no” votes (because an absence is treated as a “no” vote), so they have a negative impact on votes for good bills but a positive impact for votes on bad bills. Scores are computed from the last vote for final passage in the chamber.

Some interesting things to note on this list reproduced below:
  • I am a stern taskmasker, so the top scorers in each chamber, Rep. Ernie Alexander and Sen. Max Malone, are not close to scoring perfectly
  • Partisans tend to vote alike, particularly in the Senate. The typical House Republican averages 64.4 while the typical House Democrat averages 43.3; the typical Senate Republican averages 59.9 while the typical Senate Democrat averages 40.4
  • Thus, the typical senator (47.6) is more liberal than the typical representative (51.6), while the typical Republican scores about a 63 and the typical Democrat about a 42.
  • In the House, only four Republicans fell below the score of 50 while just one did so in the Senate. The two real outliers, Rep. Tom McVea and Sen. Sherri Cheek, are so out of step with their Republican counterparts that it begs the question whether they really are Republicans
  • In the House, of the 18 presumed “conservative” Democrats (defined as those who scored 50 or better), only six are not term-limited for 2007, while two of the four presumed “liberal” Republicans (defined as those who scored below 50) are – assuming that incumbency has helped keep these people in office and that voters will seek replacements that are more ideologically consistent with their labels, the GOP can expect a 10-seat pickup in the House in 2007
  • Using the same logic in the Senate, there is no change as the three “misplaced” senators will still be eligible to run in 2007

    Finally, the list (excuse the formatting which is difficult to transfer to the blog format; the first set are House members, the second set the senators):

    Name Party Score
    Alexander Republican 80
    Scalise Republican 76
    Erdey Republican 74
    Pitre Republican 74
    White Republican 74
    Bowler Republican 72
    Katz Republican 72
    Strain Republican 72
    Waddell Republican 72
    Winston Republican 72
    Burns Republican 70
    Greene Republican 70
    Powell, M Republican 70
    Trahan Republican 70
    Walsworth Republican 70
    Crowe Republican 68
    Dove Republican 68
    Geymann Republican 68
    LaBruzzo Republican 68
    Kleckley Republican 66
    Lambert Republican 66
    Smith, JH Republican 66
    Baudoin Democrat 64
    Bruneau Republican 64
    Schneider Republican 64
    Smiley Republican 64
    Tucker Republican 64
    Hebert Democrat 62
    Daniel Democrat 60
    Fannin Democrat 60
    Frith Democrat 60
    Martiny Republican 60
    Beard Republican 58
    Downs Republican 58
    Faucheux Democrat 58
    Smith, G Democrat 58
    Wright Democrat 58
    Kennard Republican 56
    Lancaster Republican 56
    Morrish Democrat 56
    Robideaux Independent 56
    Walker Democrat 56
    Durand Democrat 54
    Hopkins Democrat 54
    LaFleur Democrat 54
    Bruce Democrat 52
    Powell, T Republican 52
    Ansardi Democrat 50
    Curtis Democrat 50
    Johns Republican 50
    St. Germain Democrat 50
    Triche Democrat 50
    Hutter Republican 48
    Salter Democrat 48
    Thompson Democrat 48
    Toomy Republican 48
    Baldone Democrat 46
    Carter, R Democrat 46
    Crane Republican 46
    Cravins,Jr. Democrat 46
    Damico Democrat 46
    Dartez Democrat 46
    Hunter Democrat 46
    Kenney Democrat 46
    Pierre Democrat 46
    Ritchie Democrat 46
    Romero, R Democrat 46
    Smith. JD Democrat 46
    Cazayoux Democrat 44
    Farrar Democrat 44
    Glover Democrat 44
    McDonald Democrat 44
    Smith, JR Democrat 44
    Burrell Democrat 42
    Guillory, E Democrat 42
    Morrell Democrat 42
    Barrow Democrat 40
    Baylor Democrat 40
    Jackson, M Democrat 40
    Jefferson Democrat 40
    Townsend Democrat 40
    Badon Democrat 38
    Dorsey Democrat 38
    Gray Democrat 38
    Hammett Democrat 38
    Heaton Democrat 38
    Honey Democrat 38
    McVea Republican 38
    Quezaire Democrat 38
    Wooton Democrat 38
    Alario Democrat 36
    Carter, K Democrat 36
    Guillory, M Democrat 36
    LaFonta Democrat 36
    Marchand Democrat 36
    Odinet Democrat 36
    Hill Democrat 34
    DeWitt Democrat 32
    Doerge Democrat 32
    Gallot Democrat 32
    Montgomery Democrat 32
    Pinac Democrat 32
    Richmond Democrat 32
    Arnold Democrat 30

    Malone Republican 76
    Romero, C Republican 74
    Dardenne Republican 72
    Boasso Republican 66
    Barham Republican 64
    Schedler Republican 64
    Michot Republican 60
    Cain Republican 58
    Marionneaux Democrat 58
    Theunissen Republican 58
    Lentini Republican 56
    Amedee Democrat 54
    Fontenot Republican 52
    Hollis Republican 50
    Kostelka Republican 50
    Adley Democrat 48
    Chaisson Democrat 46
    Gautreaux,N Democrat 44
    Duplessis Democrat 42
    Dupre Democrat 42
    Heitmeier Democrat 42
    Murray Democrat 42
    Smith, M Democrat 42
    Ullo Democrat 42
    Cravins,Sr. Democrat 40
    Gautreaux,B Democrat 40
    Nevers Democrat 40
    Bajoie Democrat 38
    Cheek Republican 38
    Ellington Democrat 38
    McPherson Democrat 38
    Jackson, L Democrat 36
    Broome Democrat 34
    Fields Democrat 34
    Hines Democrat 34
    Jones Democrat 34
    Mount Democrat 34
    Shepherd Democrat 28