Higher education board qualifications bills need passage

As well as any bills can do, HB 588 and HB 696 will increase the chances of the myriad of higher education governing boards in Louisiana having informed and accomplished members serve as opposed to political hacks with minds set more on making sure certain interests get “theirs” than with higher education.

Both proposed by Rep. Steve Carter, HB 588 would amend the Constitution to allow for additional qualifications to serve on these boards, as well as to require appointments to attempt to reflect diversity in race and gender for the Board of Regents and for the Board of Supervisors of Community and Technical Colleges. HB 696 would spell out those qualifications. Yesterday, the former advanced, while the latter got hung up over specifics and will be fine-tuned for later debate.

Presently, of the 75 members across the boards, or 93 percent of their entire memberships, that the governor appoints, the only qualification is that certain numbers come from certain congressional districts. As written, HB 696 in all five instances would mandate that a member be an experienced high-ranking officer of a company in a prominent industry; and/or hold a master of business administration degree or have lengthy private sector managerial experience; and/or be three graduates of state public schools with associate, baccalaureate, and post-baccalaureate degrees among them; and/or one be nominated from five by two “good government” groups and a business interest group; have one who has experienced in economic or workforce development in the public sector; and have one who has budgeting and human resources experience in the public sector.

Opposition to law poisons quality education, free inquiry

Lately around northwest Louisiana, first there came the alleged introduction of religion in the classroom in Sabine Parish by promoting one set of religious beliefs over another. Then in Caddo Parish there appeared the public admission of a teacher who wrote she provides insight on creationism in contrast to evolution, where the former typically traces back to a religious belief. Together, they define the acceptable boundaries between religious belief and secular schooling, and why a threatened Louisiana law valuably assists in this task.

In the former case, a suit was filed in January accusing the school of constitutional violations by actively promoting Christianity. Among the allegations, to which the school and district have not yet replied, is that in one class extra credit was given to students for answering questions associated with Christianity, a student was belittled for lack of adherence to Christianity, and that school prayers are organized by the school.

If any of these are the case, then the school in in violation. U.S. Supreme Court interpretations of the First Amendment dictate that schools must remain neutral in the question of religious belief or even concerning the concept of religion, although religious-based activities may occur on their campuses but only if organized by students themselves outside of instructional periods or of school-sponsored events.

Common Core debate highlights populist split of LA GOP

Yes, as noted by a reporter, the Common Core State Standards issue has spawned an odd coalition – and a familiar one at that, which demonstrates the continuing power of populism in Louisiana that challenges Republican policy leadership.

Some Republicans, headlined by state Reps. Brett Geymann, Cameron Henry, and John Schroder, are leading the charge for major modifications, if not outright repeal, of the state’s commitment to implement CCSS, a national set of learning targets stemming from an initiative of governors, educators, and academicians. Accepted almost four years ago without controversy by the Board of Elementary and Secondary Education, these legislators claim popular outcry has galvanized them to override BESE on the matter.

They claim, to varying degrees of credibility, that CCSS is a “national curriculum,” it could allow for too much federal control over a state and local matter, has not been tried, and raises data privacy concerns. A number of Democrats have joined in the criticism, but typically for different reasons, asserting the effort shills for corporate interests, sets teachers up for failure, and its emphasis on objective testing makes it “too hard.” Proponents point out that the effort represents standards, not a curriculum, that federal or corporate control of education through it appears highly illusory, much expertise has gone into its formulation, and its quest for higher standards have found many backers among teachers and administrators who put in time and effort to understand it.

Era of big Jindal-led govt transformation over

Ordinarily, this space covers a governor’s state of the state speech at the beginning of an annual legislative regular session. But Gov. Bobby Jindal has shown he’s unwilling to put much into a legislative agenda for this year’s edition, largely mooting the point of this tradition and making for a lot of legislative idle hands in the devil’s workshop that invites putting him into a delicate political position.

By temperament, unlike some past governors, Jindal is not one who lives to tell the Legislature what to do, preferring to lead parsimoniously. But he found out early in his gubernatorial career that deferring on giving these guys and gals directives and thus leaving them to their own devices can cause him political headaches. In his first session, in 2008, Jindal let a tax cut gain momentum that, seeing national fiscal hard times looming and the impending election of a president who would use it to make any recovery from it tepid or worse, he rather would have deferred until the future, resulting in him jumping on its caboose as it roared through state government and into law. Almost simultaneously, he let the insipid idea of paying part-time legislators a full-time salary mutate into putting him in the awkward position of having to drive his veto pen through it, souring relations with legislators who risked looking greedy, entitled, and out-of-touch only because they thought he would let them get away with it.

Since then, Jindal has provided more direction and came up big at the beginning of his second term, fresh off an impressive reelection, with items that have fundamentally challenged and started transforming the state’s political culture. But they came at great cost to his popularity, and, combined with the natural decline of political capital as a governor ineligible for immediate reelection experiences in the last couple of years of his last term, obviously have made him consider his reach goes so far only to as to pursue, along with a couple of pieces of low-hanging fruit, one significant item this time around.

Unless repealed, fuel subsidy time bomb soon to go off

Unless the Louisiana Legislature acts in its session beginning tomorrow, it looks like a ticking time bomb can go off to the detriment of the pocketbooks of the state’s fuel consumers and taxpayers but to the benefit of a special interest.

While a number of projects involving the production of biofuels appear on the horizon in Louisiana, one actually has gotten going. Diamond Green Diesel in Norco by the end of the year will have a capacity of producing 150 million gallons a year. Starting last June, it began operating near present capacity at 7,000 barrels a day with a manufactured market in place: California government mandates already provides a market the company believes will allow it to withstand the recent elimination of a $1.01 per gallon federal government subsidy.

Unfortunately, this incident of government regulation in one state will spawn its own mandate onto Louisiana, courtesy of the former Gov. Kathleen Blanco era – R.S. 3:4674. The law states that if biodiesel production, regardless of its intended final destination, reaches an annualized 10 million gallons, then within six months two percent of the total diesel sold by volume in the state must be biodiesel. At the rate above, the firm would sell over 140 million gallons a year, easily surpassing the mark and starting the clock. The law does allow for the Louisiana Commission of Weights and Measures to suspend the requirement if logistical problems prevent fulfilling the law’s mandate, but also makes the commissioner of agriculture and forestry issue regulations requiring the state to create incentives, paid for out of state dollars, to compensate for costs to achieve this sales standard.

Deferring sweeps appeal to have no practical impact

The Gov. Bobby Jindal Administration and his leadership allies in the Louisiana Legislature took a route of convenience regarding a court ruling about the practice of “funds sweeps,” leaving for the future the task of correcting an errant court ruling with no practical impact for the present.

Louisiana has hundreds of funds to which dedicated revenue streams flow – most relatively small and obscure, a few large and almost as obscure. They hold billions of dollars, but some of them collect revenues far in excess of actual spending needs. Although theoretically appropriations could be made for their dedicated purposes, in many instances there is little to no genuine reason for that spending, and certainly other things are of much higher priority, so rather than spent wastefully it piles up.

Therefore, given the choice between letting this money lie idle or using it for important objects, the state may legislate a “funds sweep,” meaning a law is passed that transfers money from these funds to another fund where it can be used for general purposes. It’s a safety valve for the lack of courage of too many legislators that refuse to unlock so many inefficient dedications that steer money to the wrong places and/or takes it from the citizenry in various forms for lack of a good reason in the first place, because instead of having to make choices and live with their political consequences, for political cover to avoid this these politicians claim they can’t do anything about it because funds are “dedicated” and then must launch into the necessary corrective of funds sweeps.

Change judicial selection to reduce potential impropriety

There’s a better way to address the stench of pay-to-play concerning Louisiana’s judiciary, so intended legislation to deal with a campaign finance loophole needs to reform far beyond campaign finance parameters.

One big criticism of the questionable lawsuit filed by the Southeast Louisiana Flood Protection Authority – East that alleges broken contracts between oil companies and authorities is that the contingency fee arrangement – also questionably granted by Atty. Gen. Buddy Caldwell’s office – could net the lawyers involved billions of dollars and has attached to it a poison pill feature that would create large costs for the SLPA-E if it withdrew. Then it turns out that the lead attorney hired by Caldwell, a political supporter of his, also hosted a fundraiser for the judge at the very time a related matter is coming to trial in front of her. Wade Shows hosted a fundraiser for District Judge Janice Clark at the end of February.

Shows protests that all he did was host the event and did not give any money. He said he agreed to do it well before the case was assigned (randomly, as is the practice) to Clark. But that changes nothing: in a very high profile case that could net Shows an enormous payday, he acted in a way to bring a potential political benefit to the legal authority that can determine whether he sees this payoff.

Caldwell campaigning already superseding AG duties

To the wider world, it seems like it didn’t take long to draw a response to the entry of a major challenger to his spot. But perhaps it just took time for observers to realize that Atty. Gen. Buddy Caldwell entered into full campaign mode weeks ago, understanding then that his job was in jeopardy and now looks to take the state on a ride over the next couple of years that accentuates acrimony and divisiveness in order to try to attain reelection.

Having encountered already a number of setbacks questioning his competence and allegiance to special interests, perhaps the biggest challenge among these is just now getting wound up: the allegation that his office allowed an impermissible contingency fee relationship as part of a questionable lawsuit to go forward letting a state agency (where it’s unclear whether this is considered a constituent part of state government or has sufficient independence, such as with a municipality, parish, or school district, not to be considered as such) sue 97 oil companies over actions allegedly taken or not decades ago. Many observers suspect Caldwell has sympathy for this suit not only for ideological reasons, but also because he has a history of trying to expand state government use of contingency fee arrangements that supports his political allies.

The contingency fee issue, and others, were contested in a lawsuit filed by the Louisiana Oil and Gas Association late last year. This merely turned up the heat, already being applied by state legislators, in arguing the legal impermissibility of Caldwell’s action. Caldwell enlisted a political ally to formulate a response, and were dynamics different, he might have left it at that to let things play out.

Group can help bring principled conservatism to policy

Perhaps the most promising aspect of the nascent Louisiana Legislative Conservative Coalition is that, for the first time, it can articulate a genuine, principled conservatism in the formation of public policy, which until the 21^st century was all but absent among Louisiana policy-makers.

The group (minus the “Legislative” in the name”) early in the year filed paperwork under the Internal Revenue Code section 527 to organize in order to “provide continuity in the adoption of conservative legislation in the State of Louisiana and to promote the economic and cultural advancement of Louisiana through the bipartisan, conservative principles of limited government, free enterprise, individual liberties, and strong traditional families, at all times consistent with the progress of our State and with the well being of the people of Louisiana.” Thirteen Republicans have acknowledged affiliation with the group, with state Rep. Alan Seabaugh being its president.

In remarks about the group, Seabaugh indicated its formation came as a result of ideological confusion among Republicans. A lazy mythology has developed that because majorities in both legislative chambers are from the GOP, that conservative ideas always triumph in legislative action.

LA, enjoy any 2013 "Oscars;" you paid dearly for them

Tonight the Academy of Motion Picture Arts and Sciences will present its Academy Awards to the filmmaking industry for 2013, giving Louisianans another chance to cogitate on whether the hundreds of millions of dollars the state forgoes annually in motion picture tax credits really is worthwhile.

Two years ago, the state got honored with a product from its own studios – funded in part by these state incentives which in most common form kicks back 30 percent in credits to investors (different kinds of payments for other related activities allow a different percentage to be received) – with an “Oscar,” but this year, even if no homegrown product made any shortlists, the state’s connection in dollar terms will be more substantial. Two nominated films are in line to receive the credits, which could be worth as much as $8 million.

In practical terms, that means that these credits, some of which may be used by the producers but the majority of which typically are sold at a discount to Louisiana persons with relatively high state tax burdens, will vacuum that much out of revenues that could go to the state. This means fewer services get rendered by the state and/or taxes must rise to fund otherwise furloughed services, while subsidizing the making of movies that allows many wealthy interests to profit and gets funneled to jobs that average over $10,000 than the overall average for jobs in the state.