The Daily Kingfish

During the last couple of years, Louisiana progressives have been fighting for the passage of an anti-bullying bill, which would better protect our children against harassment, intimidation, and bigotry in the classroom. This should be an easy issue. After all, with the exception of a commenter on The Town Talk‘s website who thinks it’s “sissified” for the government to even consider adopting anti-bullying legislation, most of us would likely agree that it’s vitally important for us to ensure that our school system is as safe as possible, that our children can receive a decent education free from oppression, and that we are obligated to prevent, to the best of our collective abilities and to the fullest extent of the law, the possibility that any child would feel compelled to commit suicide or harm themselves in any way as a result of things said or done to them in school.

Indeed, so far, twenty-two states have already adopted similar legislation, including our neighbors in Arkansas. But, fortunately for Arkansans, they don’t have to contend with a man like Gene Mills, an organization like the Louisiana Family Forum, or a governor who is all-too-willing to kowtow to the intransigent demands of a small but powerful group of radical right wing fundamentalists.

(Governor Bobby Jindal being “prayed” on by Mr. Gene Mills in the privacy of their own made-for-TV special)

“Bullying” is a word we primarily apply when children are involved. When it involves adults, we call it assault, and if you’re found guilty of assault, it’s likely that you may spend time behind bars. And if you assault someone specifically because of their ethnicity, disability, religion, or sexual orientation, in most states, your punishment will be even more severe; it would qualify as a hate crime.

Understandably, we treat children differently; we transpose the word “bullying.” But if the rash of recent suicides by bullied children proves anything, it’s that bullying is not merely some rite of passage that we must all endure; it’s not simply a part of being a kid.

Throughout the last two years, Gene Mills, the chief lobbyist and President of the tax-exempt Louisiana Family Forum, has fought vociferously against the passage of anti-bullying bills, with the implicit support of Governor Bobby Jindal and his administration. Mr. Mills (he refers to himself as a Reverend, but until he fully discloses his organization’s finances, I see no reason to bestow him with any honorarium) has opposed the legislation because it, among other things, protects children from bullying on the basis of their sexual orientation. And this, according to Mr. Mills, who fashions himself as a Christian leader, is merely an attempt at advancing the “gay agenda.”

I don’t have much patience for charlatans or bigots or people who promote themselves as religious leaders in order to justify their discriminatory beliefs. Mr. Mills, with the assistance of State Senator Rick Ward, is now authoring his own anti-bullying bill, which appears to be nothing more than a toothless, meaningless recapitulation of existing law designed to help Mr. Mills and his organization reclaim a public relations war, and which, unsurprisingly, has the endorsement of Governor Bobby Jindal. Governor Jindal’s support is telling; it reveals, among other things, how much power Gene Mills and the Louisiana Family Forum have over him and his agenda. Just last month, Jindal’s aide, Russell Armstrong (who completely embarrassed himself), argued against the anti-bullying bill on behalf of his administration, suggesting that there was no reason to change existing law.

Mr. Armstrong, on behalf of Governor Jindal, said that the Jindal administration doesn’t “believe in passing legislation for the sake of passing legislation.” Now, we know that is simply not true. Russell Armstrong and Bobby Jindal were opposed to the anti-bullying bill for the same reason Gene Mills was opposed to it: The bill mentioned, among many other things, the need to prevent bullying (read: assault) against children on the basis of their sexual orientation.

The (Louisiana Senate) panel refused to back a second bill by Sen. Yvonne Dorsey-Colomb, D-Baton Rouge, that would spell out that harassment and bullying would not be allowed because of a person’s characteristics, including race, ancestry, religion, physical or intellectual disability, mental illness, language ability, sexual orientation, gender identity and political ideas. Such a list has been repeatedly opposed by the conservative Louisiana Family Forum and religious groups as introducing sexual politics into the classroom and promoting a “gay agenda” in schools.

Gene Mills, head of the family forum, helped write Ward’s bill, without a list of characteristics.

“This is a careful attempt to balance the rights of children with the duties of adults,” Mills said.

Can we be honest with one another here? Governor Jindal, Gene Mills, and the Louisiana Family Forum do not object to a bill that would prohibit bullying against a child because of their race, ancestry, religion, physical or intellectual disability, mental illness, language ability, or political ideas. They have no problem with that; it’s fair. Their issue is a bill that would prohibit bullying on the basis of a child’s sexual orientation or gender identity. In their view, apparently, the prohibition against such bullying would result in the introduction of “sexual politics” (a term I have never heard until now) and the promotion of the “gay agenda.” In Governor Jindal’s and Gene Mills’s world, the government can prevent the introduction of “sexual politics” (again, wow, what a turn of phrase) and the advancement of the “gay agenda” by ensuring that kids aren’t singled out for bullying other kids because of their sexual orientation. To them, it’s more important to protect the right of an ignorant and hateful bully to chastise and ridicule someone for being gay (because, you know, Jesus gave them special permission to be sanctimonious jerks) than it is to protect the safety and dignity of the children most vulnerable to attack and most susceptible to depression and suicide.

Without question, the overwhelming majority of Louisianans would support legislation that protects our children against bullying. I don’t know what Governor Jindal and Mr. Mills are scared of. Here is Governor Jindal, just yesterday, saying that he doesn’t believe in discriminating on the basis of sexual orientation:

Still, while Governor Jindal auditions in front of the country for Vice President, back in Louisiana, he continues to embrace Gene Mills and the divisive, destructive, and hypocritical agenda of the Louisiana Family Forum. And to be clear, I hope Governor Romney selects Governor Jindal, as David Frum implored him to do earlier this week, because when all is said and done, Jeremiah Wright has nothing on Gene Mills.

Louisiana celebrates it’s bicentennial this year and — though our state has a long and colorful history of shenanigans — one would be hard pressed to find a more reckless piece of legislation than HB-969 (PDF) by Rep. Kirk Talbot of Jefferson Parish.

The bill is part of the great Jindal public education funding raid that includes grabbing public tax dollars and diverting them into the coffers of private schools in the form of vouchers.

HB-969 is more brazen by an order of magnitude. According to the Legislature’s digest of the bill (PDF), Talbot’s bill clears the way for something called Tuition Scholarship Organizations (TSOs) to emerge in Louisiana. These are, according to the digest, “501(c)(3) tax exempt organization which donates no less than 95% of the monies from donations for scholarships to students for attendance at a qualified nonpublic school of their parent’s choice.”

It’s a pretty attractive set up on it’s face. Anyone interested in promoting private education in Louisiana will be able to make a fully tax deductible contribution to the TSO of its choice. It’s a two-fer — a feel-good, federally tax-exempt activity.

Doubling Their Money!

But, Talbot’s bill goes WAY beyond that. It makes the State of Louisiana a full partner in the enterprise. Yes, the federal tax deduction stands, but HB-969 requires the state to provide those donors a rebate in the full amount of their donation! Not a tax credit or anything like that. A rebate.

The bill requires the Department of Revenue to cut checks to those donors in the amount equal to that which they donated to the TSO or TSOs. There appears to be no limit on the number of TSOs to which an individual or company can contribute; nor is there any cap on the amount of money the State of Louisiana will have to match.

The bill allows contributors to TSOs to double their money in one fell swoop, courtesy of Louisiana taxpayers. First, since they are contributing to a 501(c)(3), TSO donors get to deduct the full amount of their donation from their federal tax return. Then, the Louisiana Department of Revenue will cut them a check for the full amount they donated to the TSO as a token of the state’s appreciation.

If there’s a sweeter deal than that to be found anywhere, it’s in some genetically modified sugar product.

The bill roared through the House in the early days of the current session in the wake of the Jindal voucher blitzkrieg.

Take Off Your Cap!

By the time it reached the Senate, a recognition of the potential impact of the bill raised eyebrows in that chamber. Senator Barrow Peacock of Bossier City introduced an amendment there that would have imposed a $300 million capped to total state obligation on the rebates in any fiscal year. That amendment passed the Senate by a single vote.

Peacock’s amendment forced the bill to go back to the House for approval. The Senate cap was rejected and the bill headed to a conference committee. The bill that emerged from the conference committee no longer had a cap.

On Tuesday, April 24, the Senate voted 32-7 to approve HB-969 without the cap on rebates. The House voted 65-36 (with four absent) to approve the bill on the same day. It now awaits Governor Jindal’s signature to become law.

Madness!

The lunacy of opening what amounts to an unlimited draw on state finances to support private education (and feather the nests of the wealthy) was driven home by another event on the same day the bill won approval in both houses.

The Revenue Estimating Conference (REC) is charged with monitoring state revenue and expenditures to ensure that the constitutional mandate that state budgets finish each fiscal year in balance is observed. On the 24th, the REC concluded that state revenues are not meeting projections in the current fiscal year and it appears that there will be a new hole in the state budget in excess of $200 million.

So, on the day that this new budget shortfall is announced, large majorities in both houses of the Legislature voted to create an unlimited draw on state revenue in the form of HB-969. Representative Katrina Jackson of Monroe, who did not vote on final passage of HB-969, laid out the problem the bill (soon to be law) presents with out a cap. There is no wiggle room in the language of the bill. In the event of future mid-year budget shortfalls, the state will have to cut education and health care in order to meet its obligations to those contributing to TSOs. (See video below for more.)

Follow the LLCs

Anyone with a working knowledge of Louisiana campaign finance recognizes the immense danger HB-969 poses to the state’s finances. Consider the role of Limited Liability Corporations (LLCs) in Louisiana political campaigns. As is seen in every state election cycle, LLCs offer wealthy individuals multiple opportunities to contribute the maximum allowable contribution to candidates. An individual with, say, 20 LLCs could make 20 $5,000 contributions to a candidate for statewide office. That’s $100,000 from one person, all done within full compliance with Louisiana campaign finance law (you know, ‘The Gold Standard’).

Looking at the provisions of HB-969, there is nothing in the bill to prevent a person controlling multiple LLCs from making multiple contributions to TSOs. The ‘double your money’ incentive at the heart of the rebate plan will surely catch the eye of CPAs and financial advisors across the state (thankfully, the rebates are restricted to those who file a Louisiana income tax return).

Where will the money for the rebates come from? From the General Fund of the State of Louisiana. That means the rebates will compete with funding for essential government services, particularly in times of revenue shortfalls like we’ve had in just about every year of the Jindal tenure. Hospital funding will be cut, clinics closed, teachers let go, and higher education cut in order to meet the state’s obligation to these high rollers — er, uh, donors.

At the end of the day, HB-969 is not about education. It is about enabling raids on public resources by the wealthiest individuals in the state that will deprive the state’s people and its institutions of the funds needed to provide essential services.

All of this is being done in the broad light of day under the supervision and direction of an administration that has repeatedly proven itself incapable of managing the state’s finances.

If there has ever been a more cynical and/or reckless piece of legislation enacted here, I don’t think we’d be celebrating our bicentennial this year.

Nearly a year ago, I wrote about the financial statements, specifically the “990″ forms, submitted to the IRS by the Louisiana Family Forum (the LFF), an organization that is roundly considered the most powerful lobbying group in the State of Louisiana. These forms paint an intriguing, albeit incomplete, picture of the operations of an organization responsible for a litany of controversial laws. Among other things, the LFF was the principal force behind a statewide ballot initiative against gay marriage. The organization has vociferously opposed a bill that would have better protected public school children against bullying. And in 2008, along with the assistance of the Discovery Institute and others, the LFF helped to author and then pass the Louisiana Science Education Act, which implicitly endorses and facilitates the teaching of religious beliefs in the science classroom. The leader of the LFF, Gene Mills, is a fixture at the State Capitol, and arguably, Mills is the single most influential unelected leader in Louisiana politics. And perhaps most interestingly, Gene Mills and the Louisiana Family Forum operate, entirely, as a non-profit and rely, almost entirely, on tax-deductible donations to fund its efforts and its payroll.

Of course, in and of itself, there is absolutely nothing illegal or improper when a group of like-minded advocates form an organization to advance their policy goals in an open, democratic forum. But certainly, the laws protecting and providing for the establishment of non-profit organizations were not intended to subvert the democratic process or to allow our most powerful lobbyists the ability to finance their careers and advance their agendas as if they are protected charities, as if they are somehow exempt from the laws that govern private economic activity and regulate lobbying. As the old adage goes, with great power comes great responsibility.

The Louisiana Family Forum officially considers itself to be an educational organization, but for years, the LFF’s backers, legislators, and the media have properly identified it as a lobbying group. And again, not just any lobbying group, but the most powerful one in Louisiana. When the legislature is not in session, the LFF is, for all intents and purposes, dormant. Indeed, the organization’s raison d’etre has nothing to do with educating the general public; it’s about “educating” our lawmakers, which is the definition of lobbying.

To be fair, Gene Mills is a registered lobbyist, but, incredibly, for the last several years, during which time numerous people affiliated with and even employed by the LFF have testified to the legislature on its behalf, Mills has remained its one and only registered lobbyist. Anyone who follows Louisiana state government knows that, while Mr. Mills may be powerful, the LFF is not and has never been a one-man show. Yesterday, during the State Senate Education Committee hearing on the repeal of the Louisiana Science Education Act, Southern University Law professor Michelle Ghetti, opposing the repeal, testified that she helped to craft and author the original legislation. Now, I could be wrong, but I doubt that Ms. Ghetti did this work pro bono. I doubt she helped write the Louisiana Family Forum’s signature law, the LSEA, as a favor. But during her testimony, she was never asked the most obvious questions: If you wrote this bill, who paid you, how much did they pay you, and was it ever disclosed? Was it Senator Nevers? The Discovery Institute? The Louisiana Family Forum? Or did you provide your services gratuitously or for free? The same questions can and should be asked of others, like former Judge Darrell White, who once appeared on the LFF’s payroll and then suddenly vanquished, even though he continued to publicly champion its efforts.

I mention this all for a reason: The Louisiana Family Forum continues to dole out hundreds of thousands of dollars every year to the Louisiana Family Forum Action (the LFFA), its sister organization which is prohibited from receiving tax-deductible donations but is allowed a more expansive ability to lobby and influence the legislature. And today, according to its disclosures, in addition to paying Mr. Mills for his lobbying work and one other full-time employee, Dale Hoffpauir, the LFF doles out over $120,000 a year in “other” expenses related to employment, presumably consulting contracts which are not subjected to disclosure. Meanwhile, the LFFA is the beneficiary of tax-deductible donations via the LFF, which it could otherwise never receive. Mr. Mills, presumably, makes money as a lobbyist for the Louisiana Family Forum (considering he is its only registered lobbyist and it disclosed over $42,000 in lobbying expenses in its last report), and he receives a full-time salary from the Louisiana Family Forum Action, nearly $90,000 a year.

It’s not an insignificant amount of money. The LFF is apparently spending six figures every single year on consulting services that are not disclosed. This begs the question: Who is getting paid? And while the nuances in the tax code between 501c3s (tax-deductible non-profits) and 501c4s (advocacy arms) may seem impossibly labyrinthine, it’s actually quite simple: Under the current tax regime, a 501c3 that effectively operates as a lobbying group may attempt to shield itself from exposure by setting up a 501c4, as long as the 501c4 raises its own funding. The problem for the Louisiana Family Forum, insofar as I see it, is that it’s engaging in an obvious shell game, operating its 501c4, almost entirely, with the tax-deductible donations it receives from its 501c3. You can do that, no doubt, but there is no obvious advantage: Every penny that a 501c4 receives from a 501c3 is subjected to laws that govern 501c3 expenditures. Or, at least, it’s supposed to be.

I need to be careful here: I am not accusing Mr. Mills or the Louisiana Family Forum of doing anything illegal. I’m merely suggesting that they’re being shady, that, to me, it appears as if the organization has, for years, acted like it has something to hide– whether it’s shielding the full disclosure of hundreds of thousands of dollars in consulting services or ineptly exploiting the distinctions between 501c3s and 501c4s. But more importantly, I strongly believe that, as a matter of public policy, we should not provide a tax advantage to a small, politically-connected cabal of powerful lobbyists who pretend as if their alleged religious convictions entitle them to special treatment under the law.

Gene Mills may call himself a reverend, but he earns his living as a lobbyist.

LFF’s annual report: 2010-721416555-07ba1665-9

LFFA’s annual report: 2010-201380165-07c0636f-9O

As reported here last week, Mayor Mitch Landrieu went ahead yesterday and endorsed a very questionable character in Former State Senator Cynthia Willard-Lewis. Mayor Landrieu cited Cynthia Willard-Lewis’ race and her willingness to work with him as reasons for his decision:

“I’m a politician. And so I’m not going to pretend that I don’t think about political things,” he said. “I always do. And there are important strategic factors that you always consider. But it really does always come back to, at this point in time, given this choice, what is the best choice for all of the people of the city of New Orleans.”

…

“I need someone who’s going to be a partner with me to represent all of the people of the city of New Orleans,” Landrieu said to a cheering crowd of more than 100 gathered at the New Orleans Healing Center on St. Claude Avenue.As a white mayor of a city that is 60 percent black, Landrieu has to walk a fine line in matters of race.

Interesting to see what happens here, and if Landrieu really is going to fall prey to that old adage, “if you lie down with dogs, you wake up with fleas.”

Louisiana Governor Bobby Jindal has endorsed Mitt Romney on the heels of Rick Santorum’s announcement he is”suspending” campaign for president.

Jindal said Republicans should focus their energy on the fall campaign, which he described as giving American a choice “between Obama’s lurch toward European-style big government and the Republican alternative of a thriving private sector with a smaller government.”

Earlier in the campaign, Jindal had supported Texas Gov. Rick Perry for the GOP nomination. Perry later dropped out of the race.

One thing is sure. Romney is doomed. But not because of the reasons you think.

You see, Bobby Jindal’s endorsement is like the kiss of death. Let’s review some select Jindal-endorsed candidates:

• Jimmy Faircloth, Candidate for State Supreme Court – (LOST in 2009)
• Lee Domingue, Candidate for State Senate Special Election- (LOST 2009)
• Brent Callais, Candidate for State Senate Special Election – (LOST 2009)
• Jane Smith, Candidate for State Senate – (LOST 2011)
• Rick Perry, Candidate for… uh, uh, oops… President – (Dropped out ignominiously in 2011)

Of course, the quick Romney endorsement isn’t about winning the presidency or consolidating Republicans behind old Mitt. No, this is all about Jindal’s obscene arrogance about his own political trajectory. Jindal is often mentioned by wingnuts as Vice-Presidential timber. And with a politician as egocentric as Jindal, it certainly goes to his head.

His preening extends throughout his administration. He has set out to remake the State with the most hottest button wingnut policy agenda he can muster.

While Jindal knows how to multi-task, some of his first-term fights were clearly driven by national politics. Most glaring was his all-out effort to prevent a tiny tobacco tax from being renewed, despite a dearth of identifiable opposition, even from most fiscal conservatives. The only sensible rationale was that Jindal wanted to keep his anti-tax record pristine, a virtual requirement in national GOP politics these days.The biggest news to break about Jindal’s second term agenda — that he plans to push for a significant expansion of private school vouchers — suggests that Jindal is at it again.

Like staunch opposition to taxes, vouchers too are near and dear to national movement conservatives’ hearts.

Louisiana is just Jindal’s petri dish. And before the experiment is over and the results are known, he’ll be off chasing another national name, begging to be a cabinet secretary of a part of a losing GOP ticket.