18 February 2006

Legislative first extraordinary session through Feb. 17

And so let’s see the final results:

THIS WEEK FOR THE GOOD: HB 2 with minor amendments passed Senate committee and the Senate, House rejected amendments, conference report accepted by both chambers; HB 11 passed House and Senate committee; HB 72 passed the House; SB 8 with major amendments passed Senate, with minor amendments passed House committee and House, Senate concurred and sent to governor; SB 9 passed Senate, with minor amendments passed House committee and House, Senate concurred.

THIS WEEK FOR THE BAD: HB 12 with minor amendments passed Senate, amended bill passed House and sent to governor; HB 14 failed passage; HB 90 passed Senate committee and Senate and sent to governor; HB 93 with minor amendments passed Senate committee and Senate, House concurred with amendments; SB 16 passed House committee; SB 22 with minor amendments passed House committee and House, Senate concurred and sent to governor.

SCORECARD:
Total House introductions: 99; total Senate introductions: 58.

Total House good bills: 11; total Senate good bills: 2.

Total House bad bills: 11; total Senate bad bills: 4.

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

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

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

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

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

Total House bad bills passing the House: 3; total Senate bad bills passing the Senate: 2.

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

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

Total House good bills passed by Senate committee: 3; total Senate good bills passed by House committee: 2.

Total House bad bills passed by Senate committee: 3; total Senate bad bills passed by House committee: 2.

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

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

Total House good bills advancing to the Governor: 1; total Senate good bills advancing to the governor: 2

Total House bad bills advancing to the Governor: 3; total Senate bad bills advancing to the governor: 1

15 February 2006

Committee and floor action, Feb. 15: HB 11, HB 12, HB 72, HB 82, SB 22

DID YOU KNOW?
The Senate Transportation, Highways, and Public Works Committee rapidly went through Rep. Pete Schneider’s HB 11 and HB 72. The former will facilitate creation of regional levee boards by broadening residency requirements for membership, while the latter forces such boards to go to the people to have taxing authority (presently, existing levee districts can levy some taxes on their own).

Then the committee took his HB 82, originally setting up a regional levee district and essentially reshaped it into Sen. Walter Boasso’s SB 8, recently passed with major amendments. Schneider didn’t get a chance to see the 15 pages of amendments that was to accomplish that, but he took Chairman Sen. Noble Ellington’s word that it had everything as intended, and if not, cleaning up with other amendments could be done before any more action was taken.

DID YOU KNOW?
There was no question what the big issues of the day would be, when before anything got started on SB 22, Democrat Rep. Michael Jackson took personal privilege to warn the body it was facing tough choices, and specifically thanked Republican Rep. Loulan Pitre, whose vote in committee decided the issue favorably. Jackson also explained the walkout of two days previous was only protest, and that the Black Caucus was ready and willing to work on the impending big issues.

But it heated up when HB 12 came up. Rep. Rick Gallot (pinch-hitting for author Rep. Jalila Jefferson-Bullock) informed the Senate had removed a provision that the state had to check residencies (for out of state applicants) because it was being done at the state level (which would make it similar to SB 16). But Reps. Pete Schneider and Peppi Bruneau argued it should be kept in; if it is being done already, what was the problem in writing it into law? Rep. Mike Walsworth pointed out that the applications for absentee balloting had not yet been distributed, so it was not being done currently.

Rep. Steve Scalise, the amendment’s author, pointed out the Senate change did more than that and would damage the process: “Why, I don’t know. I hope people don’t feel intimidated enough not to stand up for voting integrity…. The right to vote is denied when a fraudulent vote cancels out other votes.” Rep. Charlie Lancaster pointed out to defeat this amendment and thus to send the bill to conference which could then increase its scope of coverage, allowing more people that had never given positive identification to vote than the small number now permitted.

The motion to concur with the amendments passed 67-31. It moots SB 16 and sends the measure to the governor without the measure mandating checks for dual registrations (one being out of state).

DID YOU KNOW?
Shortly thereafter, Gallot argued for passage of SB 22 which would create “super-precincts” located in eight parishes where anybody from an area affected by a declared emergency could vote, until Jul. 16. Gallot reported that the judiciary had informed him it would defer to the Legislature in this matter, but said the court still could step in if this wasn’t passed.

Walsworth offered an amendment that would require all parishes to open up to this kind of voting access – this after Sec. of State Al Ater had testified in committee that it would be difficult operationally to do this. “And it would be economic development – all of these Orleans [candidates for mayor] come traveling across the state,” which prompted Rep. Jeff Arnold to ask if this meant Walsworth (from around Monroe) would vote for the measure. Walsworth didn’t commit. “Now that we’ve got a court intervening, and to honor the Governor’s commitment that all evacuees be 30 minutes away” from a polling place, he argued this was necessary.

Rep. Eric LaFleur said he heard from Ater that this was not practical, and said he gathered the existing plan would be satisfactory to the court. Lancaster argued that the memo from the court only asked that the law comply with federal law, and that the law did not require satellite voting sites. Rep. Karen Carter said Florida had done it before. But Walsworth said all the court’s documents never mentioned satellite centers. The amendment was defeated 21-71.

Schneider then offered essentially the amendment stripped from HB 12 in the Senate. It was approved without objection.

During debate on the bill, Rep. Monica Walker, recognizing the close vote on HB 14, presented what she said was a laundry list of reasons how to justify a vote for this. But Bruneau then brought up what he argued were constitutional prohibitions, that the bill was local and special and the Louisiana Constitution prohibited the Legislature from changing the election code this way. Bruneau raised the specter that a successful suit on this basis would negate the entire election. He pointed out all of the easy options already provided for voting when outside of a precinct. “It is a false[sic] canard to say that it is not easy to vote in this state,” he said.

The bill passed 71-29, magnifying the crucial committee vote of Pitre’s the day earlier.

DID YOU KNOW?
Rep. Billy Montgomery offered a resolution commending the ailing Rep. Roy “Hoppy” Hopkins. This could indicate that Hopkins, slowed by cancer, may be calling quits to his legislative career even as he remarked he “hoped” to return to regular attendance in the future. Feb 15 will be known as “Hoppy Hopkins” day in the House.

QUOTE OF THE DAY:
“You’ll explain the bill after that?”
Schneider to Ellington, after the latter said Senate amendments to HB 82 could be adopted to have the bill conform to SB 8.

“I have a way of bringing people together like that.”
Rep. Danny Martiny, when discussing how he excised part of his HB 52 because there seemed to be universal opposition to it.

Lawyers’ opinions are like everybody’s bodily appendages – everybody’s got one.
Bruneau during debate on SB 16.

SCORECARD:
Total House introductions: 99; total Senate introductions: 58.

Total House good bills: 11; total Senate good bills: 2.

Total House bad bills: 11; total Senate bad bills: 4.

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

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

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

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

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

Total House bad bills passing the House: 3; total Senate bad bills passing the Senate: 2.

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

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

Total House good bills passed by Senate committee: 3; total Senate good bills passed by House committee: 2.

Total House bad bills passed by Senate committee: 3; total Senate bad bills passed by House committee: 2.

Total House good bills passed by Senate: 0; total Senate good bills passed by House: 0.

Total House bad bills passed by Senate: 1; total Senate bad bills passed by House: 1.

Total House good bills advancing to the Governor: 0; total Senate good bills advancing to the governor: 0

Total House bad bills advancing to the Governor: 1; total Senate bad bills advancing to the governor: 1

14 February 2006

Committee action, Feb. 14: SB 16, SB 22

DID YOU KNOW?
Yesterday, House Legislative Black Caucus members walked out when HB 14 was defeated. A related bill, SB 16, came up today in the House and Governmental Affairs Committee. The stakes were evident as Gov. Kathleen Blanco and Sec. of State Al Ater were present with sponsor Sen. Charles Jones.

Rep. Peppi Bruneau’s questions circulated along these lines, asking whether he could trust that the bill would take the shape the committee desired, and whether a similar walkout would occur if the committee’s or House’s decision diverged from its sponsors’ intent. He said it was logical to put the bill in the same form as its companion HB 12 had, but Jones said his understanding prior to the action on HB 14 was his SB 16 would not be amended on the floor or committee.

Bruneau argued that ballot security was at stake, but Ater said the bill would neither improve nor make matters worse over present law, just that it would expand the franchise under the law. Jones had accepted amendments that would attempt to strengthen security. Blanco left shortly thereafter, asking that SB 16 essentially be made a duplicate of HB 12. Basically, the committee did that without objection.

DID YOU KNOW?
HB 14’s companion SB 22 by Sen. Derrick Shephard looked to bring up the same ballot security concerns as did its House version. Ater defended the legislation saying it was the state’s obligation to provide more access to voters. Blanco returned and read a speech about the “right to vote,” saying there had to be a temporary, unique solution to “give the opportunity to vote.” She said this bill would give an opportunity to vote in a registrar’s office, that not to pass this bill would “disenfranchise” and “would deny a basic American right.” To oppose this bill is “to keep evacuees from voting.”

Bruneau asked who would pay. Ater said New Orleans would have to pay the extra expense, but Ater thought he could get the state or city to be paid back by the federal government. Ater echoed Blanco in claiming the bill would make the election more legitimate. Atty. Gen. Charles Foti emphasized he thought there would be fewer court challenges with this provision than without.

Bruneau pointed out that no voting rights were being denied, since other options were available. “Where are people ‘deprived’ of voting under these circumstances?” he asked. Ater said it provided better ballot security under this bill. Bruneau then asked whether SB 16, which would expand voting by mail to those who could not positively identify themselves, ought to be reconsidered in light of that comment.

Rep. Loulan Pitre said he thought the state needed to have a more systematic approach and wondered whether Ater thought this would prevent legal action about the integrity of the election. Ater could not give such a guarantee, but said he thought “in his heart” it would do so. Foti said “it would solve all the problems.” But he admitted to Rep. Charlie Lancaster that the court never formally said this had to be done.

Lancaster asked Ater if he would commit that there would be “no problems.” Ater said not, if that was defined as that the system was in place even if it had not yet been used. In response to a question from Pitre, Ater did say that he thought the same limitations should be placed upon the bill as had been for HB 14, saying each situation was different and should be judged on a case by case situation.

More heavy artillery came out in the form of Lt. Gov. Mitch Landrieu. “The right to vote, if not free of undue burden, is not a right at all,” he claimed. “Don’t … make it hard for American citizens to vote.” He said it would discourage help from the rest of the country “to move away from the principles of American democracy.”

The vote was 5-4 in favor, with Republican Pitre in favor while Democrat Rep. Billy Montgomery was against.

WEDNESDAY: SB 8 and SB 9 are scheduled to be heard by the House Transportation, Highways, and Public Works Committee; HB 11 and HB 72 are scheduled to be heard by the Senate Transportation, Highways, and Public Works Committee; HB 57 is scheduled to be heard by the Senate Local Affairs and Municipal Committee.

QUOTES OF THE DAY
“You offend me all the time and I offend you all the time, so it really doesn’t matter.”
Bruneau to Jones, as he created hypothetical situations to voice concerns about SB 16.

“Did you know we have a sitting governor in the pen?”
“But that had nothing to do with voting.”
Ater’s reply to Bruneau about honesty in politics.

SCORECARD:
Total House introductions: 99; total Senate introductions: 58.

Total House good bills: 11; total Senate good bills: 2.

Total House bad bills: 11; total Senate bad bills: 4.

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

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

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

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

Total House good bills passing the House: 4; total Senate good bills passing the Senate: 0.

Total House bad bills passing the House: 3; total Senate bad bills passing the Senate: 2.

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

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

Total House good bills passed by Senate committee: 0; total Senate good bills passed by House committee: 0

Total House bad bills passed by Senate committee: 0; total Senate bad bills passed by House committee: 2

13 February 2006

Floor action, Feb. 13: HB 14, boycott

DID YOU KNOW?
HB 14 would allow registered voters during the early voting period to vote at satellite locations outside the parish. Rep. Cedric Richmond assured that the centers would be set up in real time, so that someone voting at a registrar satellite office could not then have an absentee vote or vote elsewhere count. Richmond said positive identification would be required.

Rep. Steve Scalise asked that, with these safeguards, whether HB 12 that loosened election standards would be necessary. Richmond said it would, so as to assure “maximal participation.” Scalise replied, “Maximum participation might be achieved, but not the way the law intended.” He also wondered about poll watchers. Richmond stressed the same safeguards would be present, but Scalise thought 10 scattered sites were too much for monitoring by independent groups or candidates. He also expressed concern about technology failures.

Rep. Mike Walsworth wondered about how permanent the law was; Richmond said it could apply in any emergency plan situation. He also pointed out distances were a lot longer for rural folks, and said these people were “excluded.” Richmond claimed it was too expensive to do it in every registrars’ offices. He also wanted to know whether this courtesy should be extended to servicemen abroad, since it was not.

Rep. Billy Montgomery offered an amendment to prevent those who registered after the declared disaster from exercising this option. He said only those who were registered prior to the disaster should vote with this option. Others could vote in person or absentee. Richmond objected, saying sufficient safeguards to fraud existed without this. The amendment succeeded 54-39.

Rep. Kay Katz then proposed an amendment that would create a July 16, 2006 termination date, matching the date in HB 12, “in the spirit of that legislation.” It passed without objection.

Rep. Charlie Lancaster, a supporter of HB 12, suggested the plan too risky. Absentee ballots’ system worked before, but this was untried. He said the cost was unknown and New Orleans would have to foot the bill; if not, the state would have to. Registrars may not be ready technically to handle this pilot project. Potential lawsuits may cost the state even more. But Rep. Monica Walker said she believed this actually would add more protection. Rep. Donald Cazayoux argued the legislation would be almost the same with computer technology, but Lancaster said Sec. of State Al Ater could not guarantee the process could be ready and it may not work because the records could not be physically present at the satellite centers.

In closing, Richmond asserted that Ater said it could be done without a hitch. The bill was defeated 46-53.

DIDYOU KNOW?
Later, while debating on HB 44 which would consolidate some levee districts, Richmond got up, expressed extreme disappointment at the turn of events with HB 14 and levee reorganization, and asked for immediate adjournment. This is a type of motion that can be made at any time, so it had to be debated. During it, Rep. Don Cravins expressed the same, and said to continue the session “would be lying to ourselves” that anything substantive was being accomplished. Richmond said “this house is more divided than I’ve ever seen” and didn’t think meaningful tasks could be accomplished. The motion was defeated 24-77.

At this point, supporters of that motion, essentially black Democrats, absented themselves from subsequent votes.

QUOTE OF THE DAY:
“You can’t tell I’m a lot better-looking than Martiny?”
Lancaster, when mistakenly called “Rep. [Danny] Martiny” by Rep. Juan LaFonta.

SCORECARD:
Total House introductions: 99; total Senate introductions: 58.

Total House good bills: 11; total Senate good bills: 2.

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

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

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

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

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

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

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

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

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

11 February 2006

Legislative first extraordinary session through Feb. 11

THIS WEEK FOR THE GOOD: HB 2 with minor amendments passed committee and the House; HB 11 passed committee with minor amendments; HB 50 was involuntarily deferred; HB 57 with minor amendments passed committee and the House; HB 72 passed committee; SB 8 passed committee with major amendments; SB 9 passed committee.

THIS WEEK FOR THE BAD: HB 12 with minor amendments passed committee and the House; HB 14 passed committee with minor amendments; SB 16 with minor amendments passed committee and the Senate; HB 90 passed committee and the House; HB 93 passed committee and the House.

SUNDAY: HB 12 is scheduled to be heard in the Senate and Government Affairs Committee.

SCORECARD:
Total House introductions: 99; total Senate introductions: 58.

Total House good bills: 11; total Senate good bills: 2.

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

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

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

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 the House: 2; total Senate good bills passing the Senate: 0.

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