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29.12.16

Edwards must emulate Jindal mental health care move

It turns out that former Gov. Bobby Jindal had it right. Now if only Louisiana’s current Gov. John Bel Edwards would follow through.

Recently, the U.S. Department of Justice gigged the state for excessive institutionalization of mentally ill individuals. A letter to Edwards noted that Louisiana maintained too few options to treat such individuals in the community rather than in hospitals or nursing homes. Moreover, the document noted that unless the state came to some kind of agreement that began expanding community placements at the expense of institutionalization, the federal government would pursue legal action.

The problem begins with Louisiana having too many nursing home beds. Historically, public policy has favored nursing home interests, to the absurd point now that the state pays tens of millions of dollars annually to maintain empty beds in private facilities. This has given the state one of the highest per capita number of beds in the country, ranking fourth highest among the states (2014 data) and thereby diverts dollars that could go to home- and community-based programs.

28.12.16

LA policy should encourage buying flood insurance

Reaction to a provision in the recovery action plan for 2016 in Louisiana highlights the moral hazard involved in disaster relief, and suggests how the state can reduce that by judicious future policy-making.

Through next Tuesday public comment remains open regarding the Gov. John Bel Edwards Administration plan to deal with the flooding that occurred mainly in northern part of the state in the spring and in the southern part in the summer. As the funding for relief comes not in the typical fashion – instead of through the Disaster Relief Fund administered by the Federal Emergency Management Administration rather by way of a Community Development Block Grant through the Department of Housing and Urban Development – the state must develop a plan according to HUD rules and solicit for two weeks’ commentary from the public. This approach also makes likely much higher payouts per home than through the standard FEMA use of the DRF.

As far as distribution eligibility, HUD has few rules, but given what state policy-makers consider a low amount appropriated for the size of the disaster in the first tranche of money, it established additional rules that it plans to submit to HUD. One is that aid will go only to those individuals who live outside the 100-year flood plain; that is, the area in question has a less than one percent chance of flooding in any given year. This rule has riled some who lived in such areas but declined purchasing insurance, who now must hope the second and any later tranches include them.

27.12.16

Reform LA higher education before frisking taxpayers

You can whine about a problem or get busy trying to solve it. Louisiana State University’s leadership prefers the former approach while some students affected by reductions in Taylor Opportunity Program for Students awards have opted for the latter.

When appearing earlier this month in front of the House Appropriations Committee as part of its budget vetting, System Pres. F. King Alexander moaned about how that cut, which causes in the case of LSU a couple of thousand fewer dollars made available for each student to pay his tuition, might discourage LSU students in the spring. He used this as another example to argue that taxpayers must fork over more to higher education, who collectively want $100 million more in general fund money and $89 million put into TOPS to allow it to pay at 100 percent again.

That view ignores the facts that, when considering the per capita income of Louisiana and its relative ranking to other states (34th), its average tuition and fees for senior institution (29th – but this doesn’t include TOPS that would lower its placement several positions even if less than half-funded), and state support per full-time enrollee (33rd), these balance pretty well. While taxpayer ability to pay seems fairly maximized, if anything students could pay more.

25.12.16

Christmas Day, 2016

This column publishes usually every Sunday through Thursday after noon (sometimes even before; maybe even after sundown on busy days) U.S. Central Time except whenever a significant national holiday falls on the Monday through Friday associated with the otherwise-usual publication on the previous day (unless it is Independence Day or Christmas or New Year's when it is the day on which the holiday is observed by the U.S. government). In my opinion, there are six of these: New Year's Day, Memorial Day, Independence Day, Veterans' Day, Thanksgiving Day, and Christmas. My column for The Advocate will run on Easter Sunday.

With Sunday, Dec. 25 being Christmas Day, I invite you to explore this link.

22.12.16

Slidell ordinance promises to shape free speech law

The actions of Slidell may end up shaping First Amendment jurisprudence, as result of an ordinance it enacted requiring licensing for panhandling.

Interpretation regarding this area of law went topsy-turvy last year in the case of Reed v. Town of Gilbert, which did not even involve panhandling. But the constitutional standard made in that case, dealing with signage, quickly became applied to a host of municipal ordinances that had prohibited various permutations of panhandling. In essence, almost all instances of panhandling acquired automatic non-neutrality in speech content, meaning that almost all regulation of it unjustifiably restricted freedom of speech.

A wide swath of challenged laws, often by a chapter of the American Civil Liberties Union, fell as a result. In response, Slidell abandoned its own ordinances restricting the prevalence and venue of the practice and instead turned to licensing, an approach that then had no challenge in the few places with something similar. The ordinance requires that 48 hours prior to commencing of begging that prospective solicitors obtain a free annual license that aims to provide some kind of positive identification of the holder. Information gathered for that purpose the city may use to conduct background checks.

21.12.16

TOPS gap makes govt, students more responsible

While current students receiving Taylor Opportunity Program for Students award got a curveball thrown at them this year, in the long run future students and taxpayers will benefit from the state’s failure to fund the program fully.

The decision by policy-makers to cover only about 93 percent of tuition due for this year and only around 41 percent for the remainder of the academic year caused consternation, but many of the state’s senior institutions found ways to mitigate costs for some or all of their award recipients. In some cases, this meant dipping into university monies or receiving one-time gifts from benefactors that clearly serve only as stopgap measures.

However, it’s on the student end of things where the shortfall can assist both them and the citizenry as well as make the program run more efficiently. Technically, applicants must fill out the Free Application for Federal Student Aid as part of the process, where any no-cost aid a student receives from the federal government offsets TOPS dollars.

20.12.16

Candidates of varying appeal test treasurer waters

With state Treas. John Kennedy ascending to the U.S. Senate at the start of next month, the job he has held for 17 years comes open. Since now it has catapulted upwards its last two occupants who won reelection to it, ambitious politicians reasonably view it as a stepping stone to higher office, attracting a number who have voiced consideration for the job.

But as a state whose population votes center-right ideologically, the electorate would prefer certain candidates over others. Even though the job itself provides little room for policy-making, featuring largely technocratic and arcane functions to most voters, because it can act as a launching pad to higher, more issue-driven positions, candidates who stake out issue preferences on fiscal matters appealing to conservatives have every incentive to publicize these and force the election to play out in this territory.

This makes certain candidates more acceptable than others: those who have conservative fiscal ideas and can demonstrate at least minor expertise in the area of the treasurer’s job functions (not that Kennedy had a lot of this background before his election, and prior to the guy he beat former Sen. Mary Landrieu held the job, who had zero qualifications on this account). Thus, listed below in order of acceptability to conservatives are major figures not fairly unlikely to run.

19.12.16

Edwards unable to afford hyper-politicized agency

Democrat Gov. John Bel Edwards threw overboard outgoing Wildlife and Fisheries Secretary Charlie Melancon because the latter’s use as a political instrument became too costly to the former’s political future.

Last week, Edwards announced the departure of Melancon after less than a year on the job. Melancon latter clarified, saying he had been dismissed but would stay on the job until completion of an audit of past agency practices.

Melancon’s stormy tenure included shilling for national Democrat interests in fisheries policy against the will of all other Gulf states and congressional majorities, aligning himself with commercial fishing interests against recreational users, firing an apparent whistleblower that came forward concerning unseemly management practices that earned him a law suit, and feuding with the Wildlife and Fisheries Commission, the other part of the duopoly that runs the department. The audit also had overtones of politicization, perhaps as a method to subjugate the agency and Commission that clearly have resisted Edwards’ influence in the department.