It’s time to see whether Louisiana Republican legislative
leaders, especially GOP House Speaker Clay Schexnayder,
truly are serious about what they call a top legislative priority of this year
and if they wish to supplant Democrat Gov. John Bel Edwards as
the lead policy-maker in the state.
The fate of SB 418 by
Republican state Sen. Kirk Talbot will
answer both questions. The bill reforms
the tort system in regards to vehicle insurance, making Louisiana look much
more like other states with far lower insurance rates.
Described
by Republican legislators as a leading issue of the session in light of the
economically depressive impact of the Wuhan coronavirus pandemic, Edwards has
threatened to veto the measure, and even after its
passage in a watered-down form wouldn’t commit to desisting on that account.
It passed the Senate, first in its original form then as part of a conference committee
compromise, with more than enough votes to override any veto, but in the House
while the version that went to conference passed with two more than the 70
votes required, the compromise version garnered only 66.
That came almost exclusively from former supporters
not voting on the matter in the final minutes of the regular session. These
included all but two of the Democrats who previously had favored it – state
Reps. Chad Brown,
Jeremy LaCombe,
and Malinda
White – and two Republicans – states Reps. Blake Miguez
and Alan
Seabaugh. One Republican who missed both votes and others in the past week,
GOP state Rep. Valarie
Hodges, voted for the bill in committee.
Undoubtedly, if an override vote needs to occur,
it will happen with Hodges present and voting. Reportedly,
Miguez and Seabaugh didn’t vote on the conference version because they didn’t
like certain aspects of that product. It weakened the effort, specifically in reimbursing
in any accident payout a year’s worth times one-and-half of premium.
It’s a concern as this still will keep rates higher
than otherwise, but Rome wasn’t built in a day. Schexnayder can reassure the
pair that fixes will come, perhaps even in the special session, if they support
the bill now.
If they do, this significantly increases the
chances of the three Democrats coming back on board. Brown’s affirmation had
been a bit of a surprise, given
his skepticism about the bill’s benefits and timing, but his service as House Insurance Committee
chairman Schexnayder could put at risk without Brown’s cooperating. LaCombe and
White in 2019 faced spirited Republican challenges in their competitive districts.
And, all three could face reelection in 2023 with a district in the meantime reapportioned
less favorably in a process Republicans will control.
The trio faces strong headwinds against the trial
lawyer lobby that dominates elected Democrats and threw tens of millions of
dollars behind the party’s candidates and Edwards in 2019 just to stave off killing
the goose that lays the golden eggs of the current tort system for them. The
three aren’t going to buck their party that way unless they know they are on
the winning side.
Then there’s the single representative who
switched his vote, to against, between the version that left the House and the
one that returned, Republican state Rep. Joe Stagni. He
received a standing committee vice chairmanship and chairmanship of a select
committee because of his enthusiastic backing of Schexnayder in the speaker’s
contest, but also of returning House Republicans was the least supportive of business-friendly
and reform policies economically according
to the Louisiana Association of Business and Industry (Brown and White were
just a bit lower).
Having the bill make it into law will provide relative
rate relief for Louisianans, even if not as much as some hope. And in doing so,
it also confirms that Edwards must take a back seat to the Republican-led
Legislature, which over the long run empowers a conservative agenda even more because
legislative Democrats know Edwards can’t protect them, so they will leave him out
of the loop and deal directly with the legislative leadership.
(And, as long as the subject is insurance,
Schexnayder always could make a play to have no party state Rep. Roy Daryl Adams
flip. Adams has survived two brutal challenges from GOP candidates in the past 15
months to win and stay in office, and Schexnayder might offer to ease that
pressure for 2023.)
Schexnayder has a number of tools to make sure the
House keeps up its end on this issue – committee reassignments, pressure on
reapportionment, capital outlay projects, and promises for future legislation
support. Even though in the special session Republicans could try again –
already in the Senate GOP state Sen. Patrick Connick
has filed three bills addressing much of the SB 418 content in case a veto
comes and sticks, and time exists to file another omnibus bill – it’s best to finish
the job with SB 418, not just to ensure some progress happens now but also to
put to the sword Edwards’ ability to set the policy-making agenda sooner rather
than later.
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