That was the moment when Rickey’s record became all he could talk about. In lieu of actually addressing his constituents in a forum hosted by either the aforementioned groups or the Lafayette Black Chamber, he implored constituents to “…look at [his] record.”
Working under the assumption that no one would actually take him up on the offer, Rickey dug in with his mantra: “I have a again proven track record."
Rickey was sorely mistaken.
Let’s take a look at Rickey’s Record, starting with the basics.
Just in case you missed it...and don't forget to vote in the poll at the end of the article.
I'm going to tell you a secret about one of the political parties in Louisiana, although anyone who keeps up with state politics in Louisiana already knows what I'm going to divulge.
The next edition of the Louisiana Progress Journal will be devoted to a review of the 2010 session from a progressive policy perspective. In this issue, we will provide analyses of positive steps forward made by the Legislature on progressive issues, discussions of setbacks to progressive goals, ideas for building upon gains, and reflections on lessons learned, all with an eye to advancing policies that will have a positive impact on the lives of the people of Louisiana.
We are seeking persuasive, relevant, and concisely written articles with a focus on this legislative session written from a progressive point of view. Articles may address a particular piece of legislation, a group of legislative initiatives, a particular policy issue, or any other topic relevant to this session.
Strange things are happening in the current legislative session. Usually when a bill fails to pass in either the House or the Senate, that bill is dead for the session. Apparently, that's not the case this year.
HB 780 (pdf alert), the bill that would have prohibited the state from buying up the land necessary to build the Charity Hospital that LSU wants that was killed in the Senate Education Committee by none other than New Orlean's own State Senator Ann Duplessis.
However, since LSU is bickering over the composition of the board to oversee the new Charity, the state has decided to halt the acquisition process in an attempt to leverage their power of the purse. More importantly, it appears that the State Senate may have revived a bare-bones version of HB 780 ... thanks to State Senator Jack Donahue, who is the sponsor of Senate Resolution 116 (pdf alert), which:
"requests the LSU Board of Supervisors to submit all of its existing business plans and all supporting data for the development of a replacement for the Medical Center of Louisiana at New Orleans to the Senate by 3 pm on Tuesday, June 23, 2009."
It'll be interesting to see if LSU wins this battle, or lose it. For what it's worth, as an LSU Law grad, I think they ought to lose this one for the simple reason that the money just ain't there for LSU to build all three phases of their proposed complex. Makes far more sense to gut Charity, and use the shell to rebuild a world-class facility. And it can be done, according to this report, for half the cost of building a whole new complex:
Oh, wait ... only when it comes to shilling for big business (and Governor PBJ's presidential ambitions). After all, the Senate Committee on Labor and Industrial Relations voted 4-2 to defer a bill (HB 841) that would have allowed the State to accept $98 million from the federal government to modernize the way unemployment benefits eligibility are calculated.
The reason that unemployment benefits eligibility needs to "modernized" is because Louisiana currently excludes the most recent three to six months of employment when they calculate a worker's unemployment benefits. In this economy, where a worker may spend 6 months out of work, and then 6 to 8 months working before being laid off again, modernization is vital.
Why are the Republicans in this state against modernizing the way unemployment benefits are calculated? Because it may lead to an increase in the unemployment taxes that employers pay.
"I am stunned that an amendment to raise taxes on Louisiana businesses was so quietly put through the House today by the committee chairman," said Rep. John LaBruzzo, R-Metairie.
"I am very disappointed by the way this amendment was snuck onto legislation on the House floor," Rep. Cameron Henry, R-Jefferson, said."
Ummm ... when the Speaker informs you, not once, but TWICE that the legislation being considered is available to read on your computers, then guess what? READ THE DAMN THING! It's not like we pay you for that. Oh, wait, we do.
I mentioned in an open thread a few days ago that Louisiana is facing a projected $1.3 billion shortfall in its budget. The blame for this lies with our elected officials, both Democratic and Republican. For the past six years, the business community, (never one to look out for anyone but themselves), called for tax cut after tax cut. And, because the Legislature is afraid of being called anti-business, they acquiesced. But that's not the whole story ... they also increased spending instead of saving enough for the lean times, which is projected to occur in the next fiscal year.
Such a shortfall poses a significant problem, as much of the budget is constitutionally mandated, with the incredible exception of education and health care spending, which is discretionary.
This means that the Legislature cannot cut the budgets of anything without revising the State Constitution, which means, short of calling for a new Constitutional Convention to write yet another State Constitution, the Legislature will have to put any such constitutional changes to the voters.
All this means is that Governor PBJ will face the first true test of his term as Governor. Does he be pragmatic, and call for a tax raise; or, does he act like a Republican ideologue, and slash education and health care spending?
As frequent commentator and contributor Matt D said to me the other day:
"I love the GOP, man. Sometimes, you just gotta give it to them.
Is the education system doing well? Cut their funding, we're probably overspending.
is the education system doing poorly? Cut their funding, and they'll use market-based solutions to improve it themselves."
You can substitute any of the services that government provides for education system, with the exception of infrastructure spending, and the military, and it'll work. That's how easy it is to be Republican.
Of course, in the real world, their solutions don't always work. And education funding and health care funding are the two "discretionary" items we can least afford to cut right now. But I bet you won't be hearing that from the statewide media over the next few months, nor will you hear how the tax cuts enacted for the last six years are contributing to the problem.
So the Lege left town yesterday. They passed some bills. They left some hanging. The Governor signed some, and let others become law without his signature. He's also (gasp!) vetoed some! But not the one everyone wants to him to veto. At least not yet, anyway ... so here's the list of legislation that I said I'd watch earlier this year, along with some new ones, broken up into The Good, The Bad, The Ugly and The Left Behind.
The Good
There was ONE really GOOD bill ... Cedric Richmond's amendment to HB 906, which would have reinstated the original standard that the Ethics Board had to surpass in order to charge someone with violating the Ethics laws. Unfortunately, the Senate stripped the amendment from the bill, which caused State Rep. Richmond to vote against the final bill in the House. Kudos to him for standing up for stronger ethics rules.
My two cents are on Senator Kostelka of Monroe as the culprit of the strip in the Senate. Can someone please recall him? Pretty please?
The Pay Raise. It's quite sad, but this one has the potential to turn Louisiana politics upside down. There are recall efforts underway, with one geared at Speaker Jim Tucker, and one potentially geared at Governor PBJ if he fails to veto the bill. We've got 13 days left of the 20 day death march.
The Recycling Bottlecap Bill, also known as SB 747 (pdf alert), which was introduced by Senator Dorsey of Baton Rouge. The bill would have instituted a refund if you brought your bottles to be recycled. It would have helped to lower the litter, and saved energy, as recycled glass used to make new glass uses 95% less energy. Hopefully, Senator Dorsey will reintroduce it, and the sad and idiotic environmental lobby in this state will recognize the megaphone that exists in Daily Kingfish to get their message out. Until then, this bill will likely continue to die in committees.
The Handguns on Colleges Bill. Hallelujah! The Legislature did use some sense in not passing this abomination of a bill, which would have allowed anyone to carry a concealed weapon on college campuses, provided they passed a background check.
If y'all have any bills to add to this, please do so in the comments! I can only research so much!
Millions of dollars in education and health care spending stripped from next year's budget by the House were restored Tuesday by a Senate panel, which also added hundreds of legislators' pet projects to the $30 billion spending plan.
The Senate Finance Committee also reversed cuts to proposed salaries for Gov. Bobby Jindal's top economic development officials and agreed to further pay increases for other Jindal appointees in the new fiscal year that begins July 1.
The committee made 143 pages of changes, adding $110 million in state cash to the bill, before approving it without objection and sending it to the full Senate, which is expected to debate the 2008-09 budget Wednesday.
"We have tried to honor as many requests as we possibly can, but as in every year, the needs outweigh the available resources," said Sen. Mike Michot, R-Lafayette, chairman of the committee.
The changes, which grow larger when federal matching dollars are included, were worked out behind the scenes and approved within minutes of being presented. Many of the amendments restored funding for new programs and service expansions proposed by Jindal, but removed by the House in an attempt to rein in state government growth.
So, in poking through the bills proposed by freshman legislator, Steve Carter, House District 68, I wanted to see what my rep (yes, and the guy I voted for - Kyle Ardoin's party switch disgusted me, and Jay Lyles got knocked out in the first round) was up to.
Much of my frustration about this race (aside from the fact that I could only vote for Republicans) was the fact that Carter didn't make much of an argument for his own candidacy.
So, what's Rep. Carter offering up to the citizens of Louisiana:
HB179 - Provides for an alternative leave program for unclassified and academic personnel at public postsecondary education institutions (OR DECREASE GF EX See Note)
HB1282 - To require eighteen-wheelers to travel in the right lane of interstates and to drive ten miles per hour lower than the posted speed limit
HCR32 - Expresses condolences upon the death of Richard F. Gill of Baton Rouge
HCR88 - Commends Michael Parent of Brandon, Mississippi, upon his receipt of the Barry M. Goldwater Scholarship at LSU
HCR93 - Commends the LSU gymnastics team and Coach D.D. Breaux
HCR94 - Commends LSU student Susan Jackson, national vault champion
HCR156 - Recognizes May 2008 as National Skin Cancer Awareness Month in Louisiana
So, what do we have?
One decent bill, asking truckers to drive in the right lane (this is relatively uncontroversial, and will likely pass), one sick leave bill for higher ed (I haven't dug through the guts of this one), and FIVE PURELY SYMBOLIC RESOLUTIONS.
UPDATE [by ryan]: I received an email from the Louisiana Federation of Teachers PR Director, Les Landon, explaining why the LFT opposes Carter's HB 179:
Your confusion over the meaning of HB 179 by Rep. Carter is understandable. It deals with the arcane nature of higher education employment benefits. The Louisiana Federation of Teachers opposes this bill, because we believe it would reduce the benefits provided to faculty. Of course, that's not the way it is explained by the management of the higher education systems.
Here is our take on the bill:
Currently, higher education faculty and unclassified employees are allowed a certain amount of sick leave. At their retirement, the unused leave is counted as time served with the retirement system.
HB 179 by Rep. Steve Carter (D-Baton Rouge) would replace that with a Paid Time Off bank, which would have a limited number of hours available for leave time. The number of hours in the PTO bank has not been specified. Faculty and employees would no longer be able to count their unused sick leave toward retirement computations.
In addition, there would no longer be a distinction between sick leave and personal leave. All time taken from work would, at the discretion of administrators, be considered Paid Time Off.
LFT believes this bill constitutes an unwarranted reduction in employee benefits, and urges the legislature to defeat it.
Now, before you say: "Well, Steve's just a freshman", compare it to another incoming freshman, Patricia Smith, in House District 67, which adjoins 68:
HB361 - Provides relative to the conditions required for certain expelled students to be admitted or readmitted to public school
HB471 - Provides relative to securing compensation for employees
HB554 - Provides relative to the discontinuance of business
HB677 - Authorizes the LSU Board of Supervisors to impose an increase in the operational fee for students (EG +$12,250,000 SG RV See Note)
HB822 - Authorizes procurement of data processing equipment, computer software, and maintenance services without prior approval of the division of administration (OR SEE FISC NOTE)
HB824 - Requires the Baker, Central community, and Zachary community school boards to reimburse annually the East Baton Rouge Parish school board a portion of the cost of health insurance premiums paid by EBR for retirees (OR SEE FISC NOTE LF EX)
HB1080 - Provides for the licensure of adult day health care providers (OR See Note)
HB1083 - Enacts the Construction Industry Independent Contractor Act (OR +$568,100 GF EX See Note)
HB1167 - Amends parole eligibility provisions for individuals serving more than twenty years
HB1331 - Provides for the suspension of driver's licenses and revocation of employment certificates issued to certain truant students
HB1361 - Provides for the licensure of adult day health care providers
HB1387 - Enacts the Independent Contractor Control Act
HCR43 - Commends the LSU Lady Tigers basketball team upon advancing to its fifth consecutive NCAA Final Four and congratulates the players and coaches upon the completion of the 2007-2008 season
HCR138 - Urges and requests DOTD to hold a conference to discuss expanding mass transit in Louisiana
So, for comparison here, Pat Smith has produced 12 bills, and 2 resolutions. And of those two resolutions, one HCR-138, seems to be remarkably forward-thinking for somebody with as many petroleum industry ties as Rep. Smith.
OUCH! The House told Governor PBJ to stuff it when it comes to his Economic Development Secretary Stephen Moret's pay. Governor PBJ wanted to pay him $320,000 and Legislature, to their credit, slashed that to what former Governor Blanco's Economic Development Secretary made - $245,000. They also cut an additional $145,000 from Governor PBJ's budget to slash the pay of Mr. Moret's deputy.
Seriously, Mr. Moret's proposed salary would have been more than Vice President Cheney and what members of the Federal Cabinet make. And Governor PBJ was ok with that? I know we've got a surplus, but please spend our taxpayer dollars better than that!
If Mr. Moret leaves public service because of this, then I say Good Riddance! Public Service is not where one goes to get rich off the public dole. It's where one goes to give back to the people. The work you do is its own reward.
Anyhow, the House passed the budget. The Advocate points out the obvious:
"Despite criticizing former Gov. Kathleen Blanco's spending record, Jindal proposed a state operating budget that was larger than the plan Blanco originally proposed for the current fiscal year that ends June 30."
Let that percolate inside your mind for a minute ... Jindal proposed a larger budget than Governor Blanco did. A larger budget.
I guess he's concerned about getting re-elected, so he doesn't want to piss off the voters by cutting their programs. So much for ideological purity on the part of Governor PBJ.
Sunday's Advocate included an editorial from the Editorial Board that excoriates Governor PBJ for the con game that his Administration is pulling on the people of Louisiana. Here's how Jindal is attempting to pull the wool over our eyes:
"There's a serious question whether enforcement of the shiny new reforms will be an illusion - undermined by decisions of Jindal's own lieutenants in the Legislature ... The governor appears to be having it two ways: reforms in the media releases, obstacles to enforcement in the legislation."
I will freely admit that Governor Jindal's staff is very good at setting the narrative, especially since we have a lazy ass BSM that often swallows the manure shoveled by politicians without even thinking about it. It's nice to see the Advocate's Editorial Board finally waking up ...
"One issue is the decision to add another layer of lawyers to the enforcement process by removing from the Board of Ethics the actual decision of who is in violation of ethics laws. Under the Louisiana Constitution, that was placed with the board. Jindal legislation requires that administrative law judges rule on cases brought before them by the board."
"We don't know yet whether that new process will be a barrier to enforcement, but it does replace a one-step process with a — no pun intended — two-step process."
Might the legislation be in violation of the Louisiana Constitution? I ask, because the Louisiana Supreme Court recently threw State Senator Cleo Field off the ballot this past October in the fall legislative elections because they ruled that the Legislature's law on the issue when a legislator began his term of office did not supersede the Constitution. Thus, if that was the case in that instance, wouldn't it be the case in this instance as well?"
"The second issue is the burden of proof in ethics cases."
"The amendment raised the burden of proof on the ethics board when it seeks to enforce the ethics code. The new "clear and convincing" standard of evidence is much tougher to meet than the old standard of "reliable and substantial" evidence of a violation."
"A recent change to the state’s ethics code will weaken the enforceability of the state's ethics laws by making violations more difficult to prove. There have been no problems cited with the lesser burden of proof, which continues to be in effect until August 15. Rather, increasing the burden of proof seems to be an attempt to undermine the recently strengthened ethics laws."
"It is clear that this change will slow the prosecution of ethics cases already in the works, likely create a backlog of investigations and discourage violators from admitting guilt when they think the evidence of their offense is slim. The three-word change was inserted into the controversial ALJ bill as a late amendment that was added with little debate. Many legislators who voted for the change likely didn't understand its impact. As Louisiana struggles to improve its image, the timing of this change is particularly troublesome, but it can be remedied during the current session before its detrimental impact on ethics reform occurs."
The legislators didn't understand the impact of the language change for the burden of proof? BWAAAAAA-HAHAHAHAHA! Thanks for the laugh, PAR.
Well ... I've been so busy with LA-06 and law school finals, that I've neglected the Legislative Session that is currently underway. Starting today, I will be focusing a tad more on the bills that are under consideration in the Legislature. And let me warn you ... there's some baaaaaaad bills. Here are three bills and one potentially explosive issue that I am going to take a look at:
It's now in the House, and I have absolutely no doubt that it will find itself on the Governor's desk for his signature in short order because we have a lot of spineless Democrats in the Legislature who are afraid of standing up to the religious right.
The third bill is the "Let's Allow ANYONE To Have A Concealed Gun On College Campuses Bill", or HB 199. A concealed gun permit is the answer of the NRA, which sponsored this bill, and lobbied for it in the State Capitol, to the campus shooting that occurred at Virginia Tech. My problem with the bill is that all you have to do is be 21 years of age, take a safety course, and pass a background check, which does not include checking to see if you are on medication for mental illness.
It is currently awaiting a vote on the floor of the House. I have no doubt that it will pass the House and be sent on to the Senate. Hopefully, they will amend it to ensure that folks who are on medication for mental reasons will be automatically denied the concealed gun permit.
The final thing I will be watching is perhaps the most explosive. It deals with the "gold standard" of ethics changes that Governor PBJ got passed in the 1st Extraordinary Session. The bills that were passed weakened the Ethics Board in at least two respects:
1. It removed the Ethics Board from the role of judging the results of the investigation, putting that job in the hands of judicial appointees, who are FAR MORE susceptible to political pressure, as they serve at the pleasure of the Governor; and
2. Heightened the standard to convict to "clear and convincing", from "reliable and substantial" burden, which essentially means that the judge or jury must find it more likely than not that an ethical violation occurred. The clear and convincing standard is similar to having absolutely no doubt that a violation occurred.
The change in the standard was introduced by State Senator Bob Kostelka of Monroe, but according to The Reduct Box, Governor PBJ's top lawyer, Jimmy Faircloth, is rumored to have authored the amendment that changed the burden of proof on the Ethics Board at the 11th hour.
So there's a lot to rake and discuss. What bills are y'all interested in? Let me know in the comments!
So the Legislature is moving some of Governor PBJ's "gold" standard ethics bills through the House and the Senate. Predictably, some serious questions are being raised by the legislators themselves, but there is one glaring question yet to be raised by the legislators about one of the bills.
Our friends over at CenLamar tout Democratic Senator Ben Nevers' SB 24, which states (emphasis added):
A. The legislature hereby finds and declares that training, education, enforcement, and public perception of ethical standards for public servants in Louisiana are jeopardized and undermined when a public servant is allowed to request or receive certain preferential treatment by virtue of their office or position. The emoluments of public office or position should not include favoritism in the ability to attend certain public events, to the detriment or exclusion of other citizens of this state.
B. No public servant shall request or receive preference by reason of his office or position, in the obtaining or purchase of tickets for athletic, sporting and cultural events.
C. The provisions of this Section shall supersede and control to the extent of conflict with any other provision of law.
So let's go over what we know ... there is a bill that reaches that "gold" standard that Jindal is clamoring for, and yet the Senate is pushing SB 3 (offered by Senator Joel Chaisson, Governor PBJ's pick for Senate Majority Leader), which is a competing bill that will NOT stop the practice of special access to things like the National Championship game?
Could it be that our Senators like getting the privileges they receive from being an elected official? Could it be that Governor PBJ is all talk about strengthening our State's ethics laws? Isn't that in contradiction to what we've been hearing all our elected officials say about strengthening our ethics laws?
