DID YOU KNOW?
SB 796 by Sen. Joe McPherson would allow the state to issue more debt by excluding from the debt ceiling any debt backed by a statutory tax or assessment. Practically speaking, this would take the TIMED program debt out of calculating the limit, meaning the state could borrow more for other purposes.
He told the Senate Finance Committee this would “keep us from what we do so well, beat up on ourselves” by making debt statistics per capita look better. He said it would be a more accurate representation of the actual debt capacity of the state and it would not, he insisted, allow more extravagant spending even as TIMED took about half of the debt.
After some discussion, Sen. Jack Donahue learned that the ceiling was calculated just once a year. He also wondered whether this was fiscally responsible given that the cost of projects can balloon in cost over their lifespans – debt may be capped, but expenses aren’t. McPherson insisted this was more a cosmetic change and that expenses if in the form of debt still are covered under the cap.
The bill was reported favorably without objection.
DID YOU KNOW?
SB 106 would require greater reporting by nongovernmental organizations to relevant legislative committees in order to have state money appropriated to them. Sen. Blade Morrish said it was taking a joint resolution passed during the recent special session and putting it into law.
Sen. John Alario said putting it into statute was good but he said it wasn’t exactly like the resolution and so he wanted more time to merge the two. Sen. Lydia Jackson said the bill should be more general than the resolution since the law itself would make changes less flexible. Morrish agreed to address these concerns and voluntarily deferred.
DID YOU KNOW?
SB 672 would increase legislative salaries to 35 percent of what members of the U.S. Congress received – in practical terms, nearly $51,000 a year for a part-time job not even including the per diem and office allowance (being doubled as well) which would make state legislators among the highest paid in the nation. Sen. Ann Duplessis said the excess monies just declared made this more affordable than ever.
There were no questions and no objections; the bill was reported favorably.
QUOTE OF THE DAY:
Fiscal responsibility is in the eye of the beholder.
McPherson.
TUESDAY: HB 808 is scheduled to be heard by the House Health and Welfare Committee.
11 May 2008
Legislative regular session through May 10, 2008
NOTE: Due to amendments, HB 83 has been rendered innocuous and thus has been removed from the list of bad bills.
THIS WEEK FOR THE GOOD: HB 55 with minor amendments passed committee; HB 321 with minor amendments passed committee; HB 350 passed committee; HB 436 failed to pass the House; HB 506 passed the House; HB 988 with minor amendments passed committee; HB 1022 failed to pass the House; HB 1122 with minor amendments passed the House; HB 1157 was substituted by HB 1365; HB 1365 passed committee; SB 1 with minor amendments passed committee; SB 27 failed to pass Senate; SB 221 with minor amendments passed committee; SB 527 was substituted by SB 808; SB 807 passed the Senate; SB 808 with minor amendments passed committee.
THIS WEEK FOR THE BAD: HB 939 passed the House; HB 1198 passed committee; SB 61 with minor amendments failed (again) to pass Senate.
SCORECARD:
Total House introductions: 1366; total Senate introductions: 808.
Total House good bills: 42; total Senate good bills: 24.
Total House bad bills: 38; total Senate bad bills: 15.
Total House good bills heard in committee: 28; total Senate good bills heard in committee: 16.
Total House bad bills heard in committee: 26; total Senate bad bills heard in committee: 8.
Total House good bills passing committee: 17; total Senate good bills passing committee: 12.
Total House bad bills passing committee: 7; total Senate bad bills passing committee: 5.
Total House good bills passing the House: 6; total Senate good bills passing the Senate: 6.
Total House bad bills passing the House: 2; total Senate bad bills passing the Senate: 1.
Total House good bills passing Senate committee: 0; total Senate good bills passing House committee: 3.
MONDAY: SB 351, SB 683, and SB 796 are scheduled to be heard by the Senate Finance Committee.
THIS WEEK FOR THE GOOD: HB 55 with minor amendments passed committee; HB 321 with minor amendments passed committee; HB 350 passed committee; HB 436 failed to pass the House; HB 506 passed the House; HB 988 with minor amendments passed committee; HB 1022 failed to pass the House; HB 1122 with minor amendments passed the House; HB 1157 was substituted by HB 1365; HB 1365 passed committee; SB 1 with minor amendments passed committee; SB 27 failed to pass Senate; SB 221 with minor amendments passed committee; SB 527 was substituted by SB 808; SB 807 passed the Senate; SB 808 with minor amendments passed committee.
THIS WEEK FOR THE BAD: HB 939 passed the House; HB 1198 passed committee; SB 61 with minor amendments failed (again) to pass Senate.
SCORECARD:
Total House introductions: 1366; total Senate introductions: 808.
Total House good bills: 42; total Senate good bills: 24.
Total House bad bills: 38; total Senate bad bills: 15.
Total House good bills heard in committee: 28; total Senate good bills heard in committee: 16.
Total House bad bills heard in committee: 26; total Senate bad bills heard in committee: 8.
Total House good bills passing committee: 17; total Senate good bills passing committee: 12.
Total House bad bills passing committee: 7; total Senate bad bills passing committee: 5.
Total House good bills passing the House: 6; total Senate good bills passing the Senate: 6.
Total House bad bills passing the House: 2; total Senate bad bills passing the Senate: 1.
Total House good bills passing Senate committee: 0; total Senate good bills passing House committee: 3.
MONDAY: SB 351, SB 683, and SB 796 are scheduled to be heard by the Senate Finance Committee.
06 May 2008
Floor action, May 6: SB 807, SB 224, SB 232, SB 233, HB 1022
DID YOU KNOW?
SB 807 would mimic similar legislation in 19 states that would create statewide, rather than local, cable franchises and allow up to five percent of fees collected to go to local governing authorities. Sen. Ann Duplessis initially offered several amendments to make agreements also authorized by local authorities and to give them more control.
Despite a similar bill drawing tremendous discussion and a gubernatorial veto in 2006, the bill passed 27-8.
DID YOU KNOW?
SB 224 would mandate tenants be members of public housing boards. Sen. Derrick Shepherd said it was only fair. But Sen. Danny Martiny proposed an amendment to exclude Kenner. He said Shepherd brought the bill out of a dispute with Kenner about a particular member serving on a housing board and Kenner officials did not want this, asking as a favor for the Senate to pass this change. Shepherd, under federal indictment, said this was not directed at Kenner and took “great offense” at his integrity being questioned. Martiny said there was no prohibition on tenants serving; a mayor simply could appoint them. The amendment passed 25-5. The bill then failed 16-19.
DID YOU KNOW?
SB 232 would place term limits, three, on major state boards and commissioners, mostly education and civil service in nature. Sen. Willie Mount said it would take place after 2008 elections. Since it was a constitutional amendment, it took a two-thirds vote to pass, and it did 31-4.
DID YOU KNOW?
SB 233 by law would extend the three-term limit to all boards and commissions. Author Mount said what is sauce for the goose is sauce for the gander in terms of term limits. The bill passed 29-4.
DID YOU KNOW?
HB 1022 would yank benefits from state employees, including elected officials, who commit certain felonies. If unvested employees get convicted, author Rep. Tony Ligi said they would forfeit benefits and the state would get its portion back. If vested, the person loses nothing but no cost-of-living increases would be forthcoming. No subsequent benefits would come their way; garnishment might be possible for restitution.
Rep. Michael Jackson wanted to know who was covered (members of statewide retirement systems) and specifics about potential crimes. He also wanted to know what would happen in the case of a wrongful conviction, but Ligi said he knew of no cases where such a conviction could be overturned. Rep. Jeff Arnold wanted to know what would happen to the “innocents” (spouse and children) of the convicted. Ligi said they would receive the employee part of the pension, and that the persons convicted still go could to work after getting out of jail and did not have to live on a pension. But the state part would stay in the fund. Rep. Rick Gallot asked about how marriage contracts would be affected; Ligi said the spouse had the right in vesting and in the non-vested case, since no right existed, it was a moot point. Rep, Juan LaFonta said in the case of the vested, these penalties would be unfair to the families. Ligi responded by saying the employee needed to take responsibility for these matters. Rep. Cedric Richmond said spouses would still suffer through sacrifices. Ligi said the penalty is not being given by the state, but by the offending spouse by misbehavior. Richmond said this was too much punishment affecting somebody innocent. Ligi argued without this standard, all suffer in the state through malfeasance and a bad reputation that affects economic prospects that also hurt families. Richmond said bills like this dragged down Louisiana’s image.
Ligi waived closing, and the bill failed 39-55.
WENDESDAY: HB 321 and HB 350 are scheduled to be heard by the House Education Committee; HB 808 is scheduled to be heard by the House Health and Welfare Committee.
SB 807 would mimic similar legislation in 19 states that would create statewide, rather than local, cable franchises and allow up to five percent of fees collected to go to local governing authorities. Sen. Ann Duplessis initially offered several amendments to make agreements also authorized by local authorities and to give them more control.
Despite a similar bill drawing tremendous discussion and a gubernatorial veto in 2006, the bill passed 27-8.
DID YOU KNOW?
SB 224 would mandate tenants be members of public housing boards. Sen. Derrick Shepherd said it was only fair. But Sen. Danny Martiny proposed an amendment to exclude Kenner. He said Shepherd brought the bill out of a dispute with Kenner about a particular member serving on a housing board and Kenner officials did not want this, asking as a favor for the Senate to pass this change. Shepherd, under federal indictment, said this was not directed at Kenner and took “great offense” at his integrity being questioned. Martiny said there was no prohibition on tenants serving; a mayor simply could appoint them. The amendment passed 25-5. The bill then failed 16-19.
DID YOU KNOW?
SB 232 would place term limits, three, on major state boards and commissioners, mostly education and civil service in nature. Sen. Willie Mount said it would take place after 2008 elections. Since it was a constitutional amendment, it took a two-thirds vote to pass, and it did 31-4.
DID YOU KNOW?
SB 233 by law would extend the three-term limit to all boards and commissions. Author Mount said what is sauce for the goose is sauce for the gander in terms of term limits. The bill passed 29-4.
DID YOU KNOW?
HB 1022 would yank benefits from state employees, including elected officials, who commit certain felonies. If unvested employees get convicted, author Rep. Tony Ligi said they would forfeit benefits and the state would get its portion back. If vested, the person loses nothing but no cost-of-living increases would be forthcoming. No subsequent benefits would come their way; garnishment might be possible for restitution.
Rep. Michael Jackson wanted to know who was covered (members of statewide retirement systems) and specifics about potential crimes. He also wanted to know what would happen in the case of a wrongful conviction, but Ligi said he knew of no cases where such a conviction could be overturned. Rep. Jeff Arnold wanted to know what would happen to the “innocents” (spouse and children) of the convicted. Ligi said they would receive the employee part of the pension, and that the persons convicted still go could to work after getting out of jail and did not have to live on a pension. But the state part would stay in the fund. Rep. Rick Gallot asked about how marriage contracts would be affected; Ligi said the spouse had the right in vesting and in the non-vested case, since no right existed, it was a moot point. Rep, Juan LaFonta said in the case of the vested, these penalties would be unfair to the families. Ligi responded by saying the employee needed to take responsibility for these matters. Rep. Cedric Richmond said spouses would still suffer through sacrifices. Ligi said the penalty is not being given by the state, but by the offending spouse by misbehavior. Richmond said this was too much punishment affecting somebody innocent. Ligi argued without this standard, all suffer in the state through malfeasance and a bad reputation that affects economic prospects that also hurt families. Richmond said bills like this dragged down Louisiana’s image.
Ligi waived closing, and the bill failed 39-55.
WENDESDAY: HB 321 and HB 350 are scheduled to be heard by the House Education Committee; HB 808 is scheduled to be heard by the House Health and Welfare Committee.
05 May 2008
Committee action, May 5: SB 527, SB 1, SB 672, SB 772
DID YOU KNOW?
SB 527 by Revenue and Fiscal Affairs Chairman Rob Marionneaux would replace the present cumbersome if not illusory current capital outlay system. Commissioner of Administration Angele Davis called the situation “untenable” with the current system that allows tremendous overcommitments and that it needed reform to better reflect the reality of what actually happened in the process. She also said the request for a local share on projects of 20 percent (maximum) would create a better distribution of funds, sending money to projects that are really needed and local governments that really needed them. She also thought a feasibility study (done by the state from information provided) should be part of the process, and wanted to maintain a $200 million spending cap and a Nov. 1 deadline for inclusion.
Sen. Robert Adley wanted more specifics about feasibility, and while the representatives didn’t want to commit to specifics at this time, Adley thought it was important to put specific language in the bill at this time defining the legislative authority. He also was concerned about the appeal process as it also would be established by the Division of Administration and was not specific at this time. Other than these things, Adley said the only difference he saw with this and his SB 1 was no cap on total authorized projects which allowed maximal gubernatorial discretion in deciding what to fund. Davis argued a cap would unnecessarily limit cash flow management. Adley argued it could be done through changing the law that would let a legislative committee make adjustments rather than leaving it to the governor.
Sen. Yvonne Dorsey wanted an amendment to push the deadline to Dec. 15, to allow elections being settled during election years to be held and all legislators could participate in the process. Davis did not seem to think that would be a problem, and the amendment was adopted without objection.
Adley came back with amendments. Rules promulgated would be approved by budget committees and clarifications of committees to approve things and effective dates. They were accepted without objection. After some other questions, Adley moved to approve and it was done without objection.
DID YOU KNOW?
After approving SB 527, Adley asked that his SB 1 be amended to duplicate SB 527, and approved. This was done.
DID YOU KNOW?
SB 672 would provide a pay raise for legislators to full-time status. Author Sen. Ann Duplessis said that after a lot of prayer and research she now wanted to amend the bill from a $70,000 base pay to tie it to the pay of members of Congress, members making 30 percent and leaders more – making it closer now to $50,000. Unvouched expenses also were doubled. These amendments were adopted without objection.
Sen. Eric LaFleur pointed out that at this level compared to that derived by the previous commission to study compensation was higher. Sen. Jack Donahue also said there needed to be more study of what the Legislature actually does to tie it to a pay level. In response, Duplessis said something like that hasn’t been done because of “cameras.” Sen. Sharon Weston Broome said enough work had been done in various places and that there was no need for further study.
Sen. John Alario, however, preached caution in light of cuts being contemplated elsewhere in the budget. Even so, Duplessis argued, the bill should advance and the bill could be held pending other budget discussions. But that was not convincing and so she asked to defer the bill until next week.
DID YOU KNOW?
SB 772 would bank surplus funds recognized during a legislative session that could be sued for tax rebates or cuts. Sen. Troy Hebert said it would increase fiscal discipline and encourage returning excess monies to the citizenry.
Alario thought maybe it should not be all monies, but a proportion. Rep. Joel Robideaux said he was open to that. Alario also thought maybe liens should not be prohibited from being placed on these give-backs. Hebert said he was amenable to such a change. Alario thought overall the bill was better than “repealing a bunch of taxes.”
Donahue asked how this bill differed from others that were to allow rebates checks from nonrecurring funds. Robideaux said the money would be captured before the Legislature got to it and automatically be available for redistribution back. Sen. Mike Walsworth, however, noted that surpluses came about regardless of whether there is legal recognition of it, allowing unrecognized surpluses to avoid going into the fund, so the bill could be subverted.
Sen. Lydia Jackson, however, thought the concept too limiting that the money only could be distributed to taxpayers, or draw interest to eventually have that done. She said therefore it could not be used for general tax relief and in case the state wanted to spend it on other things. She argued bills like this ceded the Legislature’s authority. Hebert said perhaps it could be broadened to earmark money for tax relief, but insisted it remain locked from other uses.
Given the budgetary considerations ongoing, Finance Chairman Mike Michot asked if Hebert would defer the bill a week, and he was agreeable to that.
QUOTES OF THE DAY:
“The wisest member.”
Duplessis, after Donahue said he would have liked for input from Alario who he called “our oldest member.”
“I remember discussing this with Gov. Claiborne when I was first elected …”
Alario, on SB 672.
SB 527 by Revenue and Fiscal Affairs Chairman Rob Marionneaux would replace the present cumbersome if not illusory current capital outlay system. Commissioner of Administration Angele Davis called the situation “untenable” with the current system that allows tremendous overcommitments and that it needed reform to better reflect the reality of what actually happened in the process. She also said the request for a local share on projects of 20 percent (maximum) would create a better distribution of funds, sending money to projects that are really needed and local governments that really needed them. She also thought a feasibility study (done by the state from information provided) should be part of the process, and wanted to maintain a $200 million spending cap and a Nov. 1 deadline for inclusion.
Sen. Robert Adley wanted more specifics about feasibility, and while the representatives didn’t want to commit to specifics at this time, Adley thought it was important to put specific language in the bill at this time defining the legislative authority. He also was concerned about the appeal process as it also would be established by the Division of Administration and was not specific at this time. Other than these things, Adley said the only difference he saw with this and his SB 1 was no cap on total authorized projects which allowed maximal gubernatorial discretion in deciding what to fund. Davis argued a cap would unnecessarily limit cash flow management. Adley argued it could be done through changing the law that would let a legislative committee make adjustments rather than leaving it to the governor.
Sen. Yvonne Dorsey wanted an amendment to push the deadline to Dec. 15, to allow elections being settled during election years to be held and all legislators could participate in the process. Davis did not seem to think that would be a problem, and the amendment was adopted without objection.
Adley came back with amendments. Rules promulgated would be approved by budget committees and clarifications of committees to approve things and effective dates. They were accepted without objection. After some other questions, Adley moved to approve and it was done without objection.
DID YOU KNOW?
After approving SB 527, Adley asked that his SB 1 be amended to duplicate SB 527, and approved. This was done.
DID YOU KNOW?
SB 672 would provide a pay raise for legislators to full-time status. Author Sen. Ann Duplessis said that after a lot of prayer and research she now wanted to amend the bill from a $70,000 base pay to tie it to the pay of members of Congress, members making 30 percent and leaders more – making it closer now to $50,000. Unvouched expenses also were doubled. These amendments were adopted without objection.
Sen. Eric LaFleur pointed out that at this level compared to that derived by the previous commission to study compensation was higher. Sen. Jack Donahue also said there needed to be more study of what the Legislature actually does to tie it to a pay level. In response, Duplessis said something like that hasn’t been done because of “cameras.” Sen. Sharon Weston Broome said enough work had been done in various places and that there was no need for further study.
Sen. John Alario, however, preached caution in light of cuts being contemplated elsewhere in the budget. Even so, Duplessis argued, the bill should advance and the bill could be held pending other budget discussions. But that was not convincing and so she asked to defer the bill until next week.
DID YOU KNOW?
SB 772 would bank surplus funds recognized during a legislative session that could be sued for tax rebates or cuts. Sen. Troy Hebert said it would increase fiscal discipline and encourage returning excess monies to the citizenry.
Alario thought maybe it should not be all monies, but a proportion. Rep. Joel Robideaux said he was open to that. Alario also thought maybe liens should not be prohibited from being placed on these give-backs. Hebert said he was amenable to such a change. Alario thought overall the bill was better than “repealing a bunch of taxes.”
Donahue asked how this bill differed from others that were to allow rebates checks from nonrecurring funds. Robideaux said the money would be captured before the Legislature got to it and automatically be available for redistribution back. Sen. Mike Walsworth, however, noted that surpluses came about regardless of whether there is legal recognition of it, allowing unrecognized surpluses to avoid going into the fund, so the bill could be subverted.
Sen. Lydia Jackson, however, thought the concept too limiting that the money only could be distributed to taxpayers, or draw interest to eventually have that done. She said therefore it could not be used for general tax relief and in case the state wanted to spend it on other things. She argued bills like this ceded the Legislature’s authority. Hebert said perhaps it could be broadened to earmark money for tax relief, but insisted it remain locked from other uses.
Given the budgetary considerations ongoing, Finance Chairman Mike Michot asked if Hebert would defer the bill a week, and he was agreeable to that.
QUOTES OF THE DAY:
“The wisest member.”
Duplessis, after Donahue said he would have liked for input from Alario who he called “our oldest member.”
“I remember discussing this with Gov. Claiborne when I was first elected …”
Alario, on SB 672.
03 May 2008
Legislative regular session through May 3, 2008
THIS WEEK FOR THE GOOD: HB 24 was substituted by HB 1357, with minor amendments passed committee; HB 199 with minor amendments passed committee; HB 734 passed committee; HB 835 with minor amendments passed committee; HB 888 passed the House; HB 1022 with major amendments passed committee; SB 64 with minor amendments passed committee; SB 87 with major amendments passed Senate; SB 598 passed House committee; SB 733 with minor amendments passed Senate;
THIS WEEK FOR THE BAD: HB 314 was involuntarily deferred; HB 551 was withdrawn; HB 717 passed committee; HB 735 passed committee; HB 911 with minor amendments passed committee; HB 939 passed committee; HB 991 was involuntarily deferred by committee; SB 134 failed to pass the Senate;
MONDAY:
HB 850 and HB 1209 are scheduled to be heard by the House Ways and Means Committee; SB 1 and SB 527 are scheduled to be heard by the Senate Revenue and Fiscal Affairs Committee; SB 672, SB 772, and SB 796 are scheduled to be heard by the Senate Finance Committee.
SCORECARD:
Total House introductions: 1360; total Senate introductions: 807.
Total House good bills: 42; total Senate good bills: 24.
Total House bad bills: 39; total Senate bad bills: 15.
Total House good bills heard in committee: 23; total Senate good bills heard in committee: 13.
Total House bad bills heard in committee: 23; total Senate bad bills heard in committee: 7.
Total House good bills passing committee: 12; total Senate good bills passing committee: 9.
Total House bad bills passing committee: 6; total Senate bad bills passing committee: 5.
Total House good bills passing the House: 4; total Senate good bills passing the Senate: 5.
Total House bad bills passing the House: 1; total Senate bad bills passing the Senate: 1.
Total House good bills passing Senate committee: 0; total Senate good bills passing House committee: 3.
THIS WEEK FOR THE BAD: HB 314 was involuntarily deferred; HB 551 was withdrawn; HB 717 passed committee; HB 735 passed committee; HB 911 with minor amendments passed committee; HB 939 passed committee; HB 991 was involuntarily deferred by committee; SB 134 failed to pass the Senate;
MONDAY:
HB 850 and HB 1209 are scheduled to be heard by the House Ways and Means Committee; SB 1 and SB 527 are scheduled to be heard by the Senate Revenue and Fiscal Affairs Committee; SB 672, SB 772, and SB 796 are scheduled to be heard by the Senate Finance Committee.
SCORECARD:
Total House introductions: 1360; total Senate introductions: 807.
Total House good bills: 42; total Senate good bills: 24.
Total House bad bills: 39; total Senate bad bills: 15.
Total House good bills heard in committee: 23; total Senate good bills heard in committee: 13.
Total House bad bills heard in committee: 23; total Senate bad bills heard in committee: 7.
Total House good bills passing committee: 12; total Senate good bills passing committee: 9.
Total House bad bills passing committee: 6; total Senate bad bills passing committee: 5.
Total House good bills passing the House: 4; total Senate good bills passing the Senate: 5.
Total House bad bills passing the House: 1; total Senate bad bills passing the Senate: 1.
Total House good bills passing Senate committee: 0; total Senate good bills passing House committee: 3.
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