Our friend C.B. Forgotston, who follows the legislature relentlessly, alerted us to this little tidbit this morning that illustrates just how far the legislature is willing to go to absolve itself of any responsibility in the current fiscal mess in which the state currently finds itself.
Year after year, when stinging budget cuts are imposed on higher education and health care, the same cry goes up from the citizenry: “Why are only higher ed and health care subjected to repeated budget cuts? Why aren’t other agencies made to share the pain?”
And year after year, the same response from legislators: “Because under the State Constitution, those are the only areas that can be cut.
“Our hands are tied,” they wail in unison.
Not so, says Forgotston, who once was a staff attorney for the legislature.
Of the $30 Billion in the current state budget, $3.9 Billion or only 13 percent is constitutionally-protected, he says.
Of the dedicated funds:
- $3.3 Billion (85 percent of the constitutionally-dedicated funds) funds public elementary and secondary education’s Minimum Foundation Program (“MFP”) which is approved by the leges.
- $318 Million (9 percent) pays the annual debt service on state borrowing (bonds).
- $115 Million (3 percent) pays the supplemental pay for municipal policemen, firemen and deputy sheriffs.
What’s not protected?
Of the $30 Billion budget, Forgotston says 87 percent is not constitutionally-protected. That includes:
- NGOs (non-governmental organizations) and other local pork barrel projects in the Operating and Capital Outlay budgets.
The constitutional scapegoat
“The constitution is a convenient scapegoat for the governor and the legislators’ lack of political courage to set priorities,” he said, “especially, since none of them appear to have ever read the document.”
No matter. On Monday, they had a chance to do something about it and they didn’t.
They punted.
And the vote wasn’t even close.
The Senate Finance Committee deferred, by an 8-2 vote, Senate Bill 196 by State Sen. Jean Paul Morrell (D-New Orleans) which would have placed a constitutional amendment before Louisiana voters that would have repealed the constitutionally-imposed dedications. SB 196 TEXT
The Legislative Fiscal Notes, which accompany any bill dealing with fiscal matters, says there would be “no anticipated direct material effect on governmental expenditures.”
The fiscal notes also said, “Due to the elimination of approximately 20 constitutional funds and the requirement that the revenue source of such funds now flow into the State General Fund (SGF), the SGF will have approximately a statutorily dedicated fund balance transfer of approximately $3.9 billion in FY 16 and annual SGF revenue flow of approximately $730 million per year.” SB 196 FISCAL NOTES
Morrell lectured committee members as he testified on behalf of his bill, saying, “We fixed higher ed but not health care. We have too many ‘not me’s’ coming before you to defend their programs.
“If you kill this bill,” he cautioned members, “you’re saying to your constituents not only that your hands are tied but that you like your hands to be tied.”
Which is precisely what they did on motion from Sen. Dan Claitor (R-Baton Rouge).
Before the vote on Claitor’s motion, Sen. Fred Mills (R-St. Martinville) offered a substitute motion to approve the bill, sending it to the Senate floor. Only Sen. Bodi White (R-Central) voted with Mills in favor of the bill. Those voting against approval were committee Chairman Jack Donahue (R-Mandeville), committee Vice-Chairman Norbert Chabert (R-Houma), members Bret Allain (R-Franklin), Sherri Smith Buffington (R-Shreveport), Claitor, Ronnie Johns (R-Lake Charles), Eric LaFleur (D-Ville Platte), Edwin Murray (D-New Orleans), and Greg Tarver (D-Shreveport).
As an unspoken acknowledgement of the committee’s concern over a possible veto by Bobby Jindal, a fretful White went so far as to suggest to Morrell that he might get a more favorable consideration of his bill if he waited until next year “when we have a new governor.”
So, bottom line, it appears that legislators remain unwilling to confront a lame duck, largely absentee governor despite his abysmal approval ratings by Louisiana voters.
Something is wrong with this herd mentality, folks.
This is not the time to wait for a “new governor.” This is the time for bold, decisive action that says to Jindal, “We damned well dare you to veto this or we’ll throw it back in your face with a veto session like this state—or any other state—has never seen. We will bring the attention of the national media down upon your delusional head.”
Instead, they choose to wait.
Again.
Louisiana Voice 
What a bunch of self-serving cowards predominate in the Louisiana Legislature! Many are up for re-election, folks!
ALL are up for re-election unless they’re term-limited.
True, but in 2011 a stunning high number were re-elected without opposition. We’ll see if that happens again this fall.
Please ask Mr. Forgotston about dedicated State revenues that although not constitutionally restricted are none the less limited in their use due to serving as matching funds in various federal programs/grants.
Jphn, you make a good point and there are both general fund and statutory dedication dollars in the budget that are critical, including those that match mandated federal programs. However, the whole concept of statutory dedications and mandated general fund expenses has been turned on its head in recent years. Statutory dedications have been “swept” into other funds and used to balance the budget. General fund programs once considered sacrosanct have been cut. That is probably why legislators focus on constitutional dedications.
What a bunch of cowards, if you need to rent a pair, I’ll gladly rent you mine. The next election cycle you need all be fired. You’re not fit to serve anyone or anything. You should all be in a prison for profit to repay the damage you have caused this State! You’re all despicable little weasels…
I truly fail to see why these folks think they will be “embarassing” our dear governor by standing up to him. Hell, the little bastard is already an embarassment all on his own. The legislature just joined him in being an embarassment to themselves. We need to remember this shit come elections this fall and throw all of them out of office. They are worried moreso about themselves and their governor than they are their own constituents. Seriously, folks!!! Get Jindal’s middle appendage out of your mouths and start looking out for the people who voted for you to represent them and their interests. This is so chickenshit ….. and we are the ones suffering for this.
What a pathetic crew. Vote ’em all out.
Keep in mind that Morrell (among the absolutely most impressive members of our legislature) agreed to entertain amendments to his bill providing protection for those things committee members might want to continue as constitutional requirements (in other words, to remove them from his bill) and NO amendments were offered, not even to protect State Debt Service (default of which would throw us into total chaos) or the MFP.
This is an election year. Our elected officials running for re-election are using as an excuse for another temporary fix – It is difficult to top the irony in this.
Jeremy Alford says in the GBRBR Daily Report today:
“The candidates for the Legislature and for the office of governor owe it to the general public, and themselves, to provide a detailed plan for 2016. More importantly, they should also let us all in on their follow-up plans for 2017, 2018 and 2019.”
Absolutely right! But what we are being offered by those candidates is the promise of a special legislative session with no defined goals.
People are not so stupid as to not know there have been ample opportunities in regular legislative sessions over the last several years to craft a solution to the structural problem. The executive and legislative branches have failed miserably to manage the budget. They clearly don’t have the guts for cut enough expenses or add enough revenue (or, as they clearly should, do a reasonable combination of the 2) to fix anything. The annual illusion of a fix falls apart before the ink is dry on the legislative acts creating the annual budget.
Why should anybody believe some special session with no specific plan can be expected to deliver any more than we’ve gotten in the past?
The situation our elected officials have gotten us into is just plain stupid. A temporary plan to get us through elections is unacceptable. We all know there is sufficient knowledge to craft a permanent plan before this very session ends.
Let’s hope most people in this state are not as stupid as our leaders believe us to be.
If legislators think their hands are tied now, they’ll be hog-tied and blindfolded should Sen. Vitter become governor.
Vitter will tie their hands using some of those diapers he wore in those cathouses. Sick bastard.
Legislators are busy passing more spending bills. See bill SB26, bill by Senator John Smith of Leesville who thinks its important the West Calcasieu Port Board Commissioners receive a per diem pay increase to attend board meetings. Currently the 5 (appointed by the governor) port board members are paid $100.00 per diem. Now because this bill sailed through the Senate with one nay by Karen Peterson(D) and several absent, we the taxpayers of LA. will be paying these well-off men to attend meetings $300.00, not to exceed 2 times a month, and for any special meetings we will be paying them $200.00 a month not to exceed 2 times a month. The port board has a past history of corruption as reported by the American Press in Lake Charles. The per diem of $100.00 was a fair reimbursement due to the fact the commissioners are serving on a board to give back to the community not as a source of income or reimbursement on days they are not at there well paid day jobs. Hmmmm, its all these kind of small bills which add up to big expenses. These bills breed corruption and entitlements!!!!!
What else do you expect from the most backward state in the union?
Reading this makes me sick!