29 March 2008

The Good, the Bad, and the Ugly -- Prefiled bills through Mar. 29, 2008

Finally, after two appetizers, it’s on to the real business at hand, the 2008 Regular Session of the Louisiana Legislature. With 60 new legislators eager to make their marks, lots of bills have been teed up in pre-filing. Here are the best, worst, and ugliest of the bunch:

THE GOOD: HB 24 by Rep. Brett Geymann would make it illegal to harbor an illegal alien; HB 34 by Rep. Kay Katz would shorten by two hours polls being open to attract more election workers and save the state money (similar bills: SB 64, SB 219, SB 221); HB 55 by Rep. Cameron Henry would prevent the use of counter letters as a way to avoid ethics restrictions; HB 128 by Rep. Rickey Hardy would mandate higher scholastic standards for student-athletes; HB 169 by Rep. Jeff Arnold would restrict property tax increases to a price index (similar bill: HB 436); HB 199 by Rep. Ernest Wooton would allow handguns on university campuses and increase deterrence; HB 259 by Rep. Karen St. Germain would throw in an extra $200 million to defray unfunded accrued liability costs and save the state money in the future; HB 321 by Rep. Don Trahan would delete the maximum number of charter schools allowed to permit wider use of the this tool of educational improvement; HB 350 by Rep. Walt Leger would allow the (New Orleans) Recovery School District the option of contracting with for-profit schools for better education provision; HB 432 by Rep. Walker Hines would restrict free food and drink to lobbied legislators to $50 per day; HB 506 by Rep. Eric Ponti would rein in the more repressive aspects of the state’s price gouging law during emergencies; HB 582 by Speaker Jim Tucker would revise the capital outlay process to make it more accurate (similar bills: HB 850, SB 1, SB 527); HB 587 by Rep. Noble Ellington would strengthen commitment of transportation-related revenues to transportation infrastructure costs; HB 622 by Tucker would ensure the Louisiana Recovery Authority would not continue past its need; HB 734 by Trahan would put authority to make tuition and fee changes in the hands of those that know best institutional needs, the governing boards (similar bills: HB 755, HB 756); HB 790 by Rep. Franklin Foil would remove the needles and wasteful July state election date (similar bills: HB 857, SB 271); HB 808 by Rep. John LaBruzzo would transfer most charity hospitals out of the LSU system to make LSU’s educational mission less distracted; HB 834 by Rep. Rick Nowlin would allow non-recurring surplus funds to be given back as a rebate to taxpayers (similar bills: SB 207, SB 328); HB 835 by Geymann would prevent budget legerdemain by forcing a two-thirds vote of the Legislature before any monies are stashed into a dedicated fund other than to pay of debt or to save for the future; HB 869 by Arnold would allow for greater cable television competition (similar bill: SB 422); HB 888 by Henry would compute a more realistic expenditure limit figure (similar bill: SB 598); HB 914 by Rep. Jim Fannin would create greater security for intended use of New Opportunity Waiver funds that will reduce the cost of state health care spending (similar bill: SB 647); HB 960 by Rep. Rick Gallot would create more early voting locations (similar bill: SB 65); HB 971 by Rep. Dee Richard would prevent patronage distributed to newspapers by paying them to be the official journal of a government by allowing the government to declare online minutes as the official journal; HB 988 by Rep. Wayne Waddell would prevent sweetheart deals with legislators and their family members concerning rent of legislative office space; HB 1016 by Rep. Mert Smiley is his annual cleanup of unneeded boards and commissions; HB 1022 by Rep. Anthony Ligi would cause corrupt public servants to lose their benefits (similar bills: SB 27); HB 1082 by Geymann would penalize contractors who hire illegal aliens doing state work (similar bill: HB 1103); SB 66 by Sen. Bob Kostelka sensibly prevents from voting those found insane in some setting by a court; SB 87 by Sen. Buddy Shaw would undo mostly the income tax provisions of the Stelly Plan; SB 133 by Sen. Jack Donahue would make the Louisiana Agriculture Finance Authority which has been used as a conduit for abusive state spending to comply with public bid laws; SB 167 by Sen. Edwin Murray would increase access to the Legislature by mandating recording by video of interim legislative committee meetings; SB 185 by Sen. Rob Marionneaux would remove loopholes to the state’s nonsmoking laws; SB 199 by Sen. Nick Gautreaux would increase the amount of money that could be placed in the state’s savings fund; SB 397 by Sen. Neal Riser would increase state savings by requiring half of any monies authorized over the state’s expenditure cap to go to a savings fund (similar bills: SB 526); SB 561 by Sen. Ben Nevers would promote more robust science education.

THE BAD: HB 5 by Rep. Juan LaFonta would create two extra holidays at taxpayers’ expense (similar bills: HB 20, HB 30); HB 68 by Rep. Cedric Richmond would restrict Second Amendment rights; HB 81 by LaFonta would threaten free speech rights by disallowing campaign contributors to serve on an appointed board or commission by the receiver of the donation (similar bill: HB 82); HB 83 by Rep. Joe Harrison would boost needlessly salaries of legislators’ staffers (similar bills: SB 223, SB 653); HB 106 by Rep. Arthur Morrell would suppress free speech by an unenforceable ban on false campaign rhetoric (similar bill: SB 552); HB 109 by LaFonta would reduce a desirable feature of the American republic by pledging Louisiana to award presidential electors to whichever candidate has the most votes nationally; HB 165 by Morrell would increase voter fraud by making it more difficult to remove inactive voters from rolls; HB 195 by LaFonta would create unnecessary state expense in sending out voter information to hurricane-affected areas; HB 314 by Rep. Page Cortez would require private citizens serving in quasi-public positions as political party officials to disclose financial information (similar bills: HB 732); HB 323 by Hines would decrease public safety by abolishing the death penalty; HB 344 by Rep. Herbert Dixon would create an unneeded taxpayer-provided health care benefit for part-time politicians; HB 351 by Hines would waste taxpayer dollars by unnecessary environmental standards being placed on building public structures; HB 381 by Rep. Billy Chandler would make less sound the state fiscal structure by doubling the homestead exemption (similar bills: SB 19, SB 200); HB 384 by Rep. Sam Jones would waste state money paying for largely-unnecessary weight-reduction operations; HB 397 by Morrell would gut education accountability and standards by negating test scores in grade advancement decisions; HB 515 by Hines would involve absurd intrusion of government into the free market in lending; HB 529 by Rep. Nickie Monica would unduly restrict Second Amendment rights; HB 551 by Rep. Karen Carter Peterson would prevent conflict of interests from entering into board or commission member voting but is overbroad; HB 717 by Dixon would mandate an unnecessary salary increase for school support workers (similar bill: HB 735); HB 787 by Trahan lowers teacher quality by allowing individuals with attention deficit disorder not to have to take certification exams; HB 852 by Rep. Austin Badon would prohibit cellphone use by a vehicle driver but is unenforceable; HB 911 by Gallot would weaken ethics laws regarding free attendance at certain kinds of events (similar bills: HB 912, HB 921, HB 991); HB 939 by Arnold would induce a needless salary increase for part-time public service commissioners; HB 981 by LaFonta would give overbroad powers to government in the name of reducing alleged discrimination; HB 1000 by LaFonta would encourage unnecessary legislative interference in purging voter rolls of inactive voters (similar bill: HB 830); HB 1011 by LaFonta would needlessly involve the state in doing for felons what they should do for themselves in trying to restore their voting rights; SB 61 by Sen. Derrick Shepherd would force insurers potentially to take losses in forcing them to cover certain individuals; SB 125 by Sen. Reggie Dupre would increase the state’s presence in the insurance market by allowing it to compete without penalty with the private sector (similar bill: SB 460); SB 134 by Sen. Joe McPherson would risk political retaliation on and encourage patronage for public employees (similar bills: SB 135); SB 351 by Gautreaux would waste taxpayer dollars on the state buying inefficient hybrid fuel vehicles; SB 409 by Sen. Troy Hebert is an attempt to intimidate talk radio hosts and other criticizers of government by forcing them to comply with disclosure laws; SB 623 by Sen. Francis Thompson instead of wiping away useless regulation of horticulture, encourages more of it.

THE UGLY: HB 311 by Rep. Gary Smith increases the per diem pay for members of a small zoning board that don’t need any payment; HB 873 by Rep. Scott Simon makes what point by reducing the number of witnesses to sign a voter-by-mail form from two to one? HB 925 by Trahan makes every legislator volunteer a couple of times a year in the schools, as if Louisiana education wasn’t troubled enough; SB 225 by Shepherd makes the sagging pants violation statewide; SB 346 by Gautreaux creates a legal holiday for certain local government for the Cattle Festival.

And, to clean up on the last special session, both SB 5 and SB 11 were signed by the governor

15 March 2008

Legislative special session through Mar. 15, 2008

The 2008 Extraordinary Session of the Louisiana Legislature took just a week, and in terms of the good bills (there were no bad ones) outlined in last week’s post, it’s pretty clear what happened: every one was at least heard in committee in their originating house, but only two had any progress:

THE GOOD: SB 5 with minor amendments passed committee, passed with major amendments the Senate, passed House committee, passed with minor amendments the House, was concurred in by the Senate, and sent to the governor; SB 11 passed committee, passed with minor amendments the Senate, passed with minor amendments House committee, passed with minor amendments the House, was concurred in by the Senate, and sent to the governor.

The final disposition of these two bills will be reported next week, as well as (finally) the first listing of prefiled legislation for the regular session.

14 March 2008

Floor action, Mar. 14: SB 11

DID YOU KNOW?
SB 11 would transfer transportation-related revenues into capital outlays for transportation that currently go into the general fund. However, these revenues could stay in the general fund if there were estimated mid-year deficits. Speaker Jim Tucker said although he had preferred that the “undedication” part not be in the bill, he said the situation where this would happen should be rare, because the Budget Stabilization Fund could first make up a deficit and if it couldn’t, the Legislature likely would be called into session anyway to deal with an obvious fiscal crisis where other adjustments could be made. Tucker also pointed out that funds go into the Priority Program and would not go to parishes to make their own decisions on project funding, a sentiment expressed by some legislators that was a Senate amendment authored by Sen. Troy Hebert that he said “failed miserably.”

Rep. George Cromer asked whether the phase-in of seven years could not be sped up. Tucker said seven years was chosen because of capacity constraints. Cromer suggested maybe that could be improved and thus cut the phase-in for three or four years. Tucker indicated he didn’t think that could happen.

Rep. Joel Robideaux then offered the amendment Tucker had noted had been defeated. He said it was a fairer process in a system that was overbooked that would allocate money by parish for the project, even as the Department of Transportation would decide which project within the Priority Program within the parish would be built. It said it would take politics out of the decision process as to what projects get decided to be pursued off the list. He also said if parishes couldn’t cooperate on roads crossing boundaries, that project wouldn’t get done.

Rep. Eddie Lambert thought this lack of coordination would create a worse situation. Rep. Dorothy Hill also noted that in some rural areas there would be so little in the way of taxes going to transportation that their allotment through this amendment would be insufficient. Robideaux pointed out that sales taxes for vehicles went to the parish of residence, not sale. Hill said her district’s income was lower and their cars older; Robideaux repeated he thought her area would be better off under the amendment.

Tucker argued that he didn’t think the sales taxes would necessarily go back to the parish of residence of the buyer. He also didn’t like the idea of removing collectivity from the process and objected to the “balkanization” of revenues. He said the bill wording would divert money to ports projects in parishes without them and the money could not be used.

Robideaux said only a few legislators had the clout to use the current system to their advantage, and that “we have to get away from ‘who you know’” so that a fairer system would be created. He also said the bill would shift money away from rural areas since the under-funded Priority Program was weighed in the urban direction. The amendment failed 30-70.

Tucker closed saying the bill would properly fund the process. The bill passed 105-0.

DID YOU KNOW?
Immediately after bill passage, Rep. Juan LaFonta went on a rant about how he and others such as the Black Caucus weren’t getting enough, or even any, access to the Gov. Bobby Jindal Administration, claiming they couldn’t get answers about what bills were about and were rebuffed when they wanted to voice their opinions. He said there was not transparency and he wouldn’t be quiet anymore.

QUOTE OF THE DAY:
It might have been more the author of the bill than the logic.
Robideaux, about Hebert’s large defeat on his amendment.

12 March 2008

Floor action, Mar. 12: SB 5

SB 5 would allow families to get a tax deduction for tuition or private school expenses of 50 percent up to $5,000. Sen. Rob Marionneaux stated this bill would not detract from funding public education, noting the almost doubling of spending over the past dozen years in that area. He also observed about the House version HB 7 which had been amended to allow public school students’ families to include other expenses such as school uniforms. He explained the $5,000 cap on it was for financial expedience, but that many would be below that figure and home-schooled children would be unlikely to reach that amount.

Sen. Ben Nevers wanted to amend the bill to add public school expenses of any kind, beyond HB 7 as amended. He said no set of taxpayers should be left out, and that otherwise there would be constitutional problems. He thought a fiscal note (not yet produced) would be around $60 million, three times the bill itself. Sen. Julie Quinn pointed out the things on which could be deducted were quite broader than the original bill, which Marionneaux said would not be good for the bill, whereas he had one coming up to make it like HB 7 that was much less expansive. The amendment passed 29-6.

Sen. Dan Morrish then offered another. He declared the bill as originally composed divisive and proposed an amendment to give an extra credit per child age 4 to 18 of $50 which would about equal the original bill’s note, stripping everything else out of the original bill. Marionneaux said this was an ungermane amendment, and asked for a ruling, and got it was ungermane from Pres. Joel Chaisson

Nevers came back with an amendment to offer the same kind of break for classroom expenses. Marionneaux objected to the cost and said with this, and the prior amendment, the bill would face a veto, and asked for another germaneness ruling. Once again, Chaisson ruled it lacked germaneness.

Sen. Bob Kostelka then offered an amendment to undo Nevers’ amendment. He argued that this was game-playing to create a bill that would be defeated, and said it should be voted on cleanly on the idea of aiding non-public schoolchildren’s families. He said every taxpayer, including those who sent their children to public schools, paid towards the $7,500 per student in the public schools so if anything that was unfair.

Sen. Nick Gautreaux then asked for a retroactive declaration of germaneness for the passed amendment. Chaisson said he would have declared it ungermane but he could do nothing about it now. Kostelka said then voting for his amendment would undo the ungermane amendment. Nevers said he wasn’t playing games. Sen. Mike Walsworth said the fairness issue extended to the home schooled as well. The amendment failed 12-24.

Gautreaux then offered an amendment that would basically make the bill like HB 7, adding only school uniforms as deductible at about $2 million, saying the cost was more manageable. Nevers said this amendment left out too much like textbooks and they should be added, plus stripped out his amendment. Marionneaux said he had talked to the Jindal Administration and said it would accept this cost, and even maybe for textbooks and supplies which could be done in the House. He also repeated that the stripping part would make the bill likely to be signed and if it wasn’t stripped it wouldn’t be. Nevers objected, saying textbooks and supplies would have to be added and the Senate had spoken twice in favor of his amendment. Quinn questioned the constitutionality of the amendment but said she’d vote for it.

Sen. Troy Hebert then asked about divisibility of the amendment, and Chaisson said failure of the first would moot the rest and so ruled not. Gautreaux then withdrew his amendments said a new set would be entered with textbooks and supplies. Morrish came back using rhetorical tricks to make his previous amendment he thought germane. Marionneaux pointed out it lacked “primary and secondary” education, making it universal, causing two resubmissions. Marionneaux then objected, saying the amendment allowed deductions even to non-taxpayers. The amendment failed 17-19.

Gautreaux was back with his promised changes. This was a compromise Nevers said he could live with to include all families. The amendment was adopted without objection.

On the bill, Sen. Buddy Shaw declared it was the job of government to provide public education, and that all should have to pay for it even if they chose not to use public schools. He intimated that the bill would create a future situation where public money would flow freely to non-public schools. Sen. Yvonne Dorsey called the bill “selfish” and said applying the “principle” to something like public safety would mean if people had private security they should get a tax credit for it. Marionneaux argued that a certain segment of the “ordinary” people ought to get money back when “special interests” get so much more.

The bill passed 34-2.

QUOTE OF THE DAY:
Let’s … provide [children] education, and not worry about unions.
Kostelka, when discussing his amendment

08 March 2008

The Good, the Bad, and the Ugly -- Prefiled bills thorugh Mar. 8, 2008

Welcome to coverage of the 2008 Second Extraordinary Session of the Louisiana Legislature. Here are the pre-filed bills on which to look out:

THE GOOD: HB 17 by Rep. John LaBruzzo would permit tax deductions of tuition per child to a school or a deduction on home school textbooks and curricula (similar bills: HB 21, HB 23, HB 35) HB 33 by Rep. Joel Robideaux would take transportation-related revenues in a gradual fashion and dedicate them to roads projects which would be determined by local governments. HB 39 by Rep. Bodi White would do the same except the matter still would be in the hands of the state (similar bill: SB 11). SB 1 by Sen. Reggie Dupre would do the same except commit the money immediately (similar bill: SB 2). SB 5 by Sen. Rob Marionneaux would permit tax deductions of up to half of $5,000 in tuition per child to a school or a deduction on home school textbooks and curricula (similar bill; HB 7).

From the 2008 First Extraordinary Session:

THIS WEEK FOR THE GOOD: HB 65 was signed by the governor (Act 16); SB 5 was signed by the governor (Act 8).

SCORECARD:
Total House introductions: 98; total Senate introductions: 74.

Total House good bills: 6; total Senate good bills: 2.

Total House bad bills: 3; total Senate bad bills: 1.

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

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

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

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

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

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

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

Total House good bills going to governor: 1; total Senate good bills going to governor: 1

Total House good bills signed by the governor:1 ; total Senate good bills signed by the governor: 1

01 March 2008

Legislative special session through Mar. 1, 2008

THIS WEEK FOR THE GOOD: HB 65 was sent to the governor; SB 5 was concurred in by Senate and sent to the governor.

SCORECARD:
Total House introductions: 98; total Senate introductions: 74.

Total House good bills: 6; total Senate good bills: 2.

Total House bad bills: 3; total Senate bad bills: 1.

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

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

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

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

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

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

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

Total House good bills going to governor: 1; total Senate good bills going to governor: 1

Next week the status of these bills will be reported, but also the good and bad bills to be introduced for the next special session.