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Archive for the ‘ALEC, American Legislative Exchange Council’ Category

It has been a little over four years since democracy officially died in this country and sufficient time has passed to safely proclaim that you, the American voter, are no longer relevant. You have gone the way of the Edsel and the 8mm movie camera.

If indeed, your voice ever really was heard in the halls of Congress and in the 50 state legislatures, it has been officially muted by the U.S. Supreme Court which, on Jan. 21, 2010, officially handed over the reins of government in this country to corporate entities and power broker billionaires like the Koch brothers, Bill Gates, Sheldon Adelson and the Walton family.

And yes, we were exposed to enough civics and American history in school to know that we do not live in a democracy but rather a representative republic which, by definition, is a representative government ruled by law—in our case, the U.S. Constitution.

But the question must be asked: representative of whom or more accurately, representative of whose interests?

To illustrate how elected officials react to the jingle of loose lobbyist change as opposed to the real needs of constituents, let’s bring the story up close and personal as we consider the story of Billy Tauzin.

Remember Billy Tauzin, the Louisiana Democrat turned Republican from Chackbay?

Tauzin, you may recall, was Louisiana’s congressman from the 3rd Congressional District from 1980 to 2004.

In a move that should cloud the rosiest of rose colored glasses, Tauzin in 2003 helped draft the bill that created a Medicare drug benefit but which, at Tauzin’s insistence, barred the government from negotiating drug prices. In other words, whatever the pharmaceutical firms wanted to charge for prescription drugs for Medicare patients was what they got. No discounts as when Medicare discounts physician and hospital charges. Pharmaceutical prices were set in stone.

Then, in December of 2004, Tauzin abruptly resigned from Congress to become president of….(drum roll, please)…the Pharmaceutical Research and Manufacturers of America (PhRMA).

As if that were not egregious enough, Tauzin in his role as PhRMA President, later cut a deal with President Obama in which PhRMA volunteered to help cover the uninsured and to reduce drug prices for some senior citizens in exchange for a promise from Obama that the administration block any congressional effort to allow the government to negotiate Medicare drug prices. The deal was Tauzin’s effort to concede a few bucks on behalf of the pharmaceutical industry in exchange for a guarantee that a much more lucrative—and long-term—deal would remain intact.

Except it didn’t. And only when the deal unraveled did we learn the sordid details of the aborted agreement.

Ironically enough, it was the House Energy and Commerce Committee, the very committee that Tauzin chaired when he cut his original deal to prevent negotiating drug prices in 2004 that ultimately torpedoed him by amending the health reform bill to allow Medicare drug negotiation.

“Who is ever going to go into a deal with the White House again if they don’t keep their word?” sniffed the man who sold his soul—and his office—to PhRMA.

Should we feel betrayed by Tauzin? Should we be outraged?

Why should we? The little episode just described is only one of hundreds upon hundreds of cases of greed-driven deceit carried out by virtually each of the 535 members of Congress. In short, what he did is only symptomatic of a much larger problem in Washington and which filters down to every one of the 50 state legislatures and assemblies.

Whoever coined the phrase “Money talks, B.S. walks” should be enshrined in some kind of exclusive (as in its only member) philosopher’s hall of fame—and dual membership in the political hall of fame as well.

It’s been that way for more than a century now of course, but on Jan. 21, 2010, the U.S. Supreme Court made it official with its 5-4 ruling on Citizens United v. the Federal Election Commission. All that ruling did was open the floodgates for corporate money to flow on behalf of any member of Congress who might be for sale. (And just in case it may still be unclear, make no mistake that the word “any” in this case is synonymous with “all.”)

The Citizens United decision said that the government had no business regulating political speech—even by corporations which were—and are—still prohibited from contributing directly to federal campaigns but were now free to pour unlimited funds into political action committees (PACs) which in turn could purchase political advertisement on behalf of or in opposition to any issue or candidate.

Those PACs, more accurately described as “Super PACs,” proliferated overnight, cluttering the landscape with TV ads baring nothing more than a tiny “paid for” line at the bottom of the screen to identify the origins of the attack ads.

Like her or not, Hate or love the Affordable Care Act, it should gall every Louisiana citizen to know that it is one of those Super PACs that is buying all of those TV attack ads trying to tie Sen. Mary Landrieu to President Obama. It should nauseate television viewers in this state to know (of course they don’t tell you) that all those TV ad testimonials from Louisiana citizens that tell how Obamacare has devastated their lives and wrecked their homes come from actors—none of whom are Louisiana citizens. That is deceptive advertising in every sense of the word and yet it’s perfectly legal—all the illegitimate child of Citizens United.

So, what exactly is Citizens United? We hear the word bandied about but no one tells us just what it is. Well, here it is in all its ugly trappings:

Citizens United was founded as a PAC in 1988 by Washington political consultant Floyd Brown. More important than the founder’s identity was is the fact that the bulk of the organization’s funding comes from none other than the infamous Koch brothers, the moving force behind the American Legislative Exchange Council (ALEC).

So, on the one hand, the Koch brothers financially underwrite favorable federal candidates to the tune of millions of dollars through Citizens United. On the other hand, at the state level, ALEC conducts training sessions to develop “model legislation” for state legislators to take back to their home states for passage—legislation, for example, that keeps the minimum wage down, denies medical coverage for the poor, insures the continued existence of those payday loan companies, privatizes prisons and other services for the profit of member companies who run them, establishes “education reform” through charter schools and online virtual schools, and opposes employee unions while gutting employee pensions.

Standing shoulder to shoulder with the Kochs are members of the Walton family, Bill Gates and Sheldon Adelson, the Las Vegas casino magnate to whom all the 2016 Republic presidential hopefuls, Bobby Jindal included, paid the requisite homage recently by making the pilgrimage to Vegas to bow and scrape before his throne in the hope that he would anoint one of them as the Republican candidate for President. (It must have been a sickening sight to watch those sycophants suck up to him like so many shameless American Idol audition hopefuls.)

As the Super PACs proliferated, so, too, did the money poured into political spending. Comparing the last two presidential election years, we see that Super PAC spending on all federal races went from nearly $40 million in 2008 to almost $90 million in 2012.

Being realistic, suppose that you, a citizen, contribute $1,000 to a congressional candidate who at the same time benefits from hundreds of thousands of dollars spent on his behalf by a Super PAC representing, say, a large pipeline company owned by someone like, say, the Koch brothers. That pipeline is projected to run right across prime cattle grazing land that you own and you aren’t too keen on the idea. So you contact your congressman to voice your opposition. Now, just who do you think has his ear—you and your $1,000 contribution or that Super PAC and its hundreds of thousands of dollars? That’s what we thought.

All these Super PACs were formed as either 501(c)(4) or 527 organizations—both tax exempt but with one major difference.

Tax-exempt 527s must make available the names of all their contributors while 501(c)(4) PACs can keep their donors’ identities a closely held secret, thus giving birth to the term “dark money” in political campaign vernacular. When Jindal formed his Believe in Louisiana as a 527 several years ago, for example, he dutifully listed all contributors, as well as all expenditures, as required. That may have embarrassing after LouisianaVoice published a lot of the names of both contributors and expenditures, including millions paid Timmy Teepell and OnMessage.

When Jindal formed his new America Next PAC earlier this year, it was formed as a 501(c)(1), meaning he could keep the names of his donors confidential so as to continue to promote his transparency doctrine as he gads about the country in his attempt to grab the brass ring. He apparently learned a lesson about forming as a 527 and about true transparency.

So, we reiterate: you the voting citizen of Louisiana and America are no longer relevant. Your vote has already been decided by those 527s, the 501s and the political consulting firms that will package the TV ads purchased by the PACs to present to you, the pawns in a huge chess game, so you can validate those ads by obediently trekking to the polls to pull the lever in an election whose outcome will have already been pre-ordained. Oh, there will be some upsets along the way just to keep up the appearance of democracy in action but in the long run, it won’t matter one whit.

The voice of the candidate whose passion is sincere, who is concerned about the issues, who cares for the voters, and who holds the ideals of fairness and constituents’ interests close to his heart, will never be heard. His appeals to justice and equality and a promise of an office that will not be for sale will be drowned out by anonymous actors flickering across your TV screen who pretend to be one of you—but really aren’t—and who will pound into your brain the truth as determined by corporate interests—a message that will resonate with you despite the efforts of that obscure candidate who would, if he only could, be an example of everything that should be good about this country.

That is the sad epitaph for the American representative republic (b. July 4, 1776; d. Jan. 21, 2010).

And if this doesn’t make your blood boil, shame on you.

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The Legislative Exchange Council (ALEC) agenda, as we have shown here on numerous occasions, promotes unyielding opposition to any legislation that smacks of benefits to workers, the unemployed and the poor.

Among other things, ALEC, led by the Koch brothers, pushes legislation that:

  • Opposes an extension of unemployment benefits;
  • Undermines the rights of injured workers to hold their corporate employers accountable
  • Promotes for-profit schools at the expense of public education;
  • Opposes consumers’ right to know the origin of food we consume;
  • Opposes an increase in the federal minimum wage;
  • Limits patient rights and undermines safety net programs including, of all things a call to end licensing and certification of doctors and other medical professionals.

While the effort to end licensing and certification of medical professionals might play into the hands of State Sen. Elbert Guillory (R-D-R-Opelousas) and his affinity for witch doctors, such a move probably would not work to the benefit of the average patient.

Chameleon Sen. Elbert Guillory: Republican, Democrat, Republican, runs for Lt. Gov. after consulting witch doctor

And while ALEC vehemently opposes any legislation that might remotely resemble benefits to the poor or which might invoke that hated word welfare, the organization’s agenda remains something of a paradox when one takes a step back and examines the spate of corporate welfare programs enacted by willing accomplices in the highest reaches of Louisiana politics.

Generous tax exemptions, credits, and incentives have proliferated to an extent not even imagined by the injured or unemployed worker trying to provide for his family—while generating few, if any, real benefits in the way of new jobs.

Probably the most glaring abuse of the incentives offered by our Office of Economic Development are the absurd tax dodges meted out to the movie industry and for what—being able to boast that we’re now recognized as Hollywood East.” That offers little encouragement to the guy trying to pay for a mortgage, a car payment, education of his kids, and health care if he’s hurt or can’t find a job.

By contrast, LouisianaVoice has found a few federal farm subsidy payments to several “persons of interest” which may come as a surprise to Louisiana’s great unwashed. Then again, maybe not.

For example, we have former legislator (he served in both the House and Senate) Noble Ellington, two years ago appointed to the $130,000 per year position of Deputy Commissioner of Insurance despite his having no experience in the field of insurance.

Ellington, a Republican from Winnsboro, also served until his retirement from the legislature as ALEC’s national president and even hosted the organization’s annual convention in New Orleans in 2011 so it stands to reason that he would, on principle alone, reject out of hand any form of welfare—even such as might be to his own financial benefit.

Not so much.

From 1995 to 2012, Ellington received $335,273 in federal farm subsidies while sons Ryan Ellington and Noble Ellington, III, received $89,000 and $25,223, respectively—nearly $450,000 for the three.

Granted, the senior Ellington made his fortune as a cotton merchant so we suppose that qualifies him to the subsidies—except for his position as National President of ALEC which is diametrically opposed to welfare. Oops, we forgot; that’s diametrically opposed to welfare for all but the corporate world. Our bad.

And then there’s Ellington’s successor to the Louisiana House, Rep. Steve Pylant (R-Winnsboro), who introduced a bill during last year’s session that would have required the Board of Elementary and Secondary Education (BESE) to “adopt rules and regulations that require all public high school students beginning with those entering ninth grade in the fall of 2014, to successfully complete at least one course offered by a BESE-authorized online or virtual course provider as a prerequisite to graduation.”

If that’s not corporate welfare, in that it guarantees a constant revenue stream in the form of state payments to private concerns offering those Course Choice courses, we will shine your shoes free for a year.

During the same time period, 1995 to 2012, Pylant received nearly $104,400 in federal farm subsidies.

His occupation prior to his election to the Louisiana House? He was sheriff of Franklin Parish.

Another ALEC member, State Sen. Francis Thompson (D-Delhi), also received $472,952 in federal farm subsidies for the same time period as Ellington and Pylant.

Thompson holds an Ed.D. Degree from the University of Louisiana Monroe (formerly Northeast Louisiana University) and lists his occupation as educator and developer.

Other ALEC members, their occupations and federal farm subsidies received between 1995 and 2012:

  • Bogalusa Democratic Sen. Ben Nevers—electrical contractor, $20,000;
  • State Rep. Andy Anders (D-Vidalia)—salesman for Scott Equipment, $34,175;
  • Rep. Jim Fannin (R-Jonesboro)—Chairman of the House Appropriations Committee, “independent businessman” and also has a background in education, nearly $2600—a pittance by comparison but still indicative of the mindset of the ALEC membership when it comes to applying a heaping helping of double standard to the public trough.

To be completely fair, however, it should be pointed out that Nevers introduced a bill this session (SB96) that called for a constitutional amendment that would make health care available under Medicaid to all state residents at or below 138 per cent of the federal poverty level—an effort that sets him apart from those who parrot the standard ALEC position on medical care for the poor. Of course his bill failed in committee by a 6-2 vote today (April 23) after Sen. Dan Claitor (R-Baton Rouge) moved to defer action.

Perhaps voters will remember Claitor’s compassion for those without health care in this fall’s (Nov. 4) congressional election.

Two other legislators and two political appointees of Gov. Bobby Jindal who are not members of ALEC also combined to receive nearly $561,000 in federal farm subsidies between 1995 and 2012, records show. They are:

  • State Rep. Richard Burford (R-Stonewall)— dairy and beef farmer, $38,000;
  • State Rep. John Morris (R-Monroe)— attorney, $11,625;
  • Robert Barham of Oak Ridge—Secretary, Department of Louisiana Wildlife and Fisheries, $489,700;
  • Lee Mallett of Iowa, LA.—member of the LSU Board of Supervisors, $21,600.

All but Burford and Mallett reside in the 5th Congressional District formerly represented by Rodney Alexander (R-Jonesboro), who now heads the Louisiana Department of Veterans Affairs.

The 5th District includes the Louisiana Delta which make up one of the largest row crop farming communities of any congressional district in the nation.

Accordingly, the $289,000 paid out to recipients in 2012 was easily the highest of Louisiana’s six congressional districts, more than double the 4th District represented by John Fleming and accounting for 50.6 percent of the statewide total.

For the period of 1995-2012, the 5th District also ranked highest in federal farm subsidies with the $23.7 million paid out representing 31.2 percent of the total and ranking slightly ahead of the 3rd Congressional District of Charles Boustany, which had $21.1 million (27.8 percent).

Of the $292.5 billion paid in subsidies nationwide from 1995-2012, the top 10 percent of recipients received 75 percent of all subsidies, or an average of slightly more than $32,000 per recipient per year for the 18-year period reported by the U.S. Department of Agriculture. USDA records also reveal that 62 percent of all farms in the U.S. received no subsidy payments.

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Could Bobby Jindal possibly embarrass himself any more than he did on Monday?

Could he possibly have revealed himself any more of a calloused, uncaring hypocrite than he did on Monday?

Jindal’s outburst upon exiting a meeting between the nation’s governors and President Barack Obama Monday was a petulant display of immaturity that only served to underscore his disgraceful scorn for Louisiana’s working poor in favor of pandering to the mega-rich Koch brothers.

His shameless promotion of the proposed Keystone XL pipeline project coupled with his criticism of Obama’s push for a minimum wage increase comes on the heels of word that Jindal is literally stealing from the blind in drawing down more than half of a trust fund established to assist blind vendors in state buildings to purchase equipment, to pay for repairs and to pay medical bills. http://theadvocate.com/news/8440065-123/blind-vendors-jindals-office-spar

That trust fund has shrunk from $1.6 million to about $700,000, apparently because of yet another lawsuit the administration finds itself embroiled in over the delivery of food services at Fort Polk in Leesville that has sucked up $365,000 in legal fees, of which the state is responsible for 21 percent, or $76,650.

(I worked for the Office of Risk Management for 20 years and $365,000 in legal fees is not unreasonable for a major lawsuit that involves significant injuries or death where liability is in question. But $365,000 in attorney bills in a lawsuit over who gets to run the cafeteria, a commissary and a grocery store would seem to be a tad high—even for the law firm Shows, Cali, Berthelot and Walsh, which is representing the state under a $500,000 contract with the Louisiana Workforce Commission.)

Rubbing salt into the wounds is the fact that the Blind Vendors Committee, which is supposed to have a say in policy decisions, has been left out of the loop over the Fort Polk controversy.

Curt Eysink, executive director of the Louisiana Workforce Commission, justified the hiring of private attorneys to defend the litigation by saying his office’s staff attorneys are too busy to handle the contract lawsuit.

That brings up two questions:

  • Busy doing what?
  • And isn’t this the same administration that pitched a hissy fit when the Southeast Louisiana Flood Protection Authority-East contracted with a private attorney to seek damages from 97 oil companies for destroying the Louisiana wetlands?

But back to the boy blunder. Jindal turns his back on a minimum wage increase for the working poor to stand outside the White House to chat up the Keystone pipeline which would have the potential of generating $100 billion in profit for Charles and David Koch?

Today’s (Wednesday) Baton Rouge Advocate ran this editorial cartoon that is certain to become a classic in that it symbolizes the defining moment of the Jindal administration:

http://theadvocate.com/multimedia/walthandelsman/8477684-123/walt-handelsman-for-feb-26

Jindal said of Obama’s push for an increase in the minimum wage that the president “seems to be waving the white flag of surrender” and that Obama’s economy “is now the minimum wage economy. I think we can do better than that.” And by “better,” he was referring to the Keystone pipeline which he said Obama would approve if he were “serious about growing the economy.”

Connecticut Democratic Gov. Dannel Malloy almost pushed Jindal aside in his eagerness to take the microphone to say, “Wait a second. Until a few moments ago we were going down a pretty cooperative road. So let me just say that we don’t all agree that moving Canadian oil through the United States is necessarily the best thing for the United States economy.” He said Jindal’s “white flag” comment was the most partisan of the weekend conference and that many governors, unlike Jindal, support an increase in the minimum wage.

Colorado Gov. John Hickenlooper, also a Democrat, was a bit blunter, calling Jindal a “cheap shot artist” as he walked off the White House grounds.

Jindal, of course, wants to be president so badly that he is perfectly willing to sell his soul to the Koch brothers and their organizations Americans for Prosperity (AFP) and the American Legislative Exchange Council (ALEC) in the apparent hope that some of their AFP money might find its way into his campaign coffers.

AFP is the same super PAC that recently hired professional actors to pose as Louisiana citizens claiming that Obamacare is hurting their families. The merits of lack thereof of Obamacare aside, this is politics at its very sleaziest and our governor is in bed with them.

But this is perfectly in keeping with his character as governor. He has attempted to rob state employees of their retirement benefits. He has attempted to destroy public education with a full frontal attack on teachers. His administration has handed out huge no-bid contracts to consultants as if they were beads at a Mardi Gras parade. He has handed over the state’s charity hospital system to private concerns, including two facilities that went to a member of his LSU Board of Stuporvisors. He has run roughshod over higher education. He has fired appointees and demoted legislators who dared think for themselves. He has refused to expand Medicaid despite living in a state with one of the highest number of citizens lacking medical insurance. He has crisscrossed the country making silly speeches designed only to promote his presidential ambitions by keeping his name before the public. He has written countless op-ed pieces and appeared on network TV news shows for the same purpose.

And still, whenever the pundits start listing the potential Republican presidential contenders for 2016, he name never appears as a blip on their radar. Even Sarah Palin’s name pops up now and then but never Jindal’s.

Even readers of his favorite political blog, The Hayride, which among other things 1), recently featured an infomercial touting a sure-fire cancer cure and 2), got taken in by a hoax video depicting an eagle swooping down and trying to grab an infant in a park, seem to hold Jindal in low regard. A couple of weeks ago The Hayride conducted its own poll of potential Republican candidates for president in 2016.

Here are their results:

  • Sen. Ted Cruz: 39.9 percent;
  • Sen. Rand Paul: 20.7 percent;
  • Wisconsin Gov. Scott Walker: 10.1 percent;
  • Former Alaska Gov. Sarah Palin: 5.8 percent;
  • Other/Undecided: 24.9 percent.

That’s it. No Jindal. And this from a decidedly pro-Jindal Louisiana political blog. We can only assume he may have shown up somewhere among the 24.9 percent undecided. But this much we do know: he was beaten by Sarah Palin.

At this point, we don’t need a poll to tell us that Jindal would be far better suited as the auctioneer in that GEICO commercial or as the disclaimer voice at the end of those pharmaceutical ads that tell us how we could all die from side effects of the drug that’s being advertised to help with our medical malady—or perhaps even better as the really rapid fire voice that absolutely no one on earth can understand at the end of those automobile commercials.

He has, after all, been auditioning for the part for six years now.

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Two months ago, when the Federal Communications Commission allotted $8 million to expand broadband Internet access in rural Louisiana areas, U.S. Sen. Mary Landrieu was quick to praise, perhaps a bit prematurely, the “investment” while Gov. Bobby Jindal remained uncharacteristically silent.

Despite Landrieu’s laudatory claim that the funds would “upgrade the digital infrastructure in rural communities,” the $8 million represented only 10 percent of an $80 million grant for Louisiana that was rescinded in October of 2011 because of Jindal’s aversion to what then Commissioner of Administration Paul Rainwater deemed a “top-down, government-heavy approach that would compete with and undermine, rather than partner with the private sector…”

What Rainwater—and through him, his boss, Jindal—did not acknowledge is that the Jindal administration’s obsession with protecting the private sector at the expense of broadband Internet service to customers in the rural areas of the central and northeastern parts of the state was part of the 12-year-old official position staked out by the American Legislative Exchange Council (ALEC) in August of 2002. http://alecexposed.org/w/images/6/6f/9A15-Municipal_Telecommunications_Private_Industry_Safeguards_Act_Exposed.pdf

Also ignored by the Jindal administration—and ALEC—is that broadband service in the U.S. is woefully inadequate when compared with countries like South Korea, Japan and even Portugal and Italy. http://www.scientificamerican.com/article/competition-and-the-internet/

And it’s even worse in the country’s rural areas. http://deltafarmpress.com/blog/broadband-service-rural-areas-promise-still-exceeds-reality

No doubt you’ve seen those cute AT&T commercials featuring the man sitting at a table with children. He asks a question and gets feedback from the kids and the commercial ends with, “It’s not complicated.”

Indeed it is not. In 2008, Jindal’s very first year as governor, he signed SB-807 into law as Act 433 over the objections of the Louisiana Municipal and State Police Jury associations. The bill, the Consumer Choice for Television Act, was authored by then-Sen. Ann Duplessis (D-New Orleans). It passed the Senate by a 34-1 vote with only Dale Erdy (R-Livingston) voting no. Absent and not voting were Sens. Robert Adley (R-Benton), Jody Amedee (R-Gonzales) and Sheri Smith Buffington (R-Keithville).

AT&T, which contributed $10,000 to Jindal’s campaign since 2007, supported the bill. AT&T also contributed $250,000 to the Supriya Jindal Foundation for Louisiana’s Children.

It’s not complicated.

It also passed overwhelmingly in the House by a 94-9 vote. The only members casting no-votes were Reps. James Armes (D-Leesville), Thomas Carmody (R-Shreveport), Greg Cromer (R-Slidell), Jean Doerge (D-Minden), Ricky Hardy (D-Lafayette), Lowell Hazel (R-Pineville), Robert Johnson (D-Marksville), Sam Jones (D-Franklin), and Chris Roy (D-Alexandria). Rep. James Morris (R-Oil City) was absent and did not vote.

The only ALEC member to go against the official doctrine was Carmody. He attended ALEC’s 2010 annual meeting in San Diego at which the organization’s Telecommunications & Information Technology Task Force passed an official resolution in potential opposition to private telephone and cable companies by public bodies such as city councils and parish governments. https://louisianavoice.com/2012/05/09/could-loss-of-that-80-6-million-broadband-internet-federal-grant-last-fall-have-been-deliberately-orchestrated-by-alec/

Other members of the Louisiana Legislature who attended that meeting included Reps. John LaBruzzo (R-Metairie), Robert Johnson (D-Marksville), Tim Burns (R-Mandeville), State Chairman Joe Harrison (R-Gray), Bernard LeBas (D-Ville Platte) and Sen. Yvonne Dorsey (D-Baton Rouge).

Act 433 well may even have been written by AT&T, which is a member of ALEC and a member of ALEC’s Communications and Technology Task Force. AT&T chipped in $50,000 to the ALEC cause in 2010 and was a member of the Louisiana Host Committee for ALEC’s 2012 annual meeting in New Orleans. Jindal was the recipient of ALEC’s Thomas Jefferson Freedom Award at that 2012 meeting. http://www.alec.org/hundreds-of-state-legislators/

It’s not complicated.

And lest one think that Louisiana’s loss of the $80 million broadband grant in 2011 was the exception, consider this:

  • Early this year, the Kansas Legislature undertook Campaign Stop Google Fiber—and any cities that may wish to invest in broadband network technologies. Included in legislation introduced in the legislature were stipulations that except with regard to unserved areas, a municipality may not themselves offer to provide or lease, construct, maintain or operate any facility for the purpose of allowing a private entity to offer, provide, carry or deliver video, telecommunications or broadband service. http://www.dailykos.com/story/2014/01/30/1273848/-Kansas-moves-to-Stop-Broadband-Internet-to-residents?detail=email
  • In February of 2011, the Minnesota Cable Communications Association (MCCA) initiated a public battle with National Public Broadband (NPB) by inundating Lake County with a flurry of public records request designed to slow NPB’s efforts to bring broadband Internet to rural areas of Lake County.

While MCCA correctly asserts that Lake County should act transparently, the barrage of requests submitted by the association makes its intent to protect its own financial interests over those of rural residents of the county is quite apparent. Its monopoly is, after all, being threatened and those cable services that are overpriced and which provide as little speed as possible are fighting back.

Certainly it’s only coincidental that AT&T, CenturyLink, Charter Communications, Comcast, Excel Communications, Fair Point Communications, Sprint Nextel, Verizon, and Cox Communications are members of ALEC. All but Excel and Fair Point serve on ALEC’s Communications and Technology Task Force. http://www.sourcewatch.org/index.php/ALEC_Corporations.

It’s not complicated.

So, given Jindal’s cozy relationship with ALEC and given ALEC’s opposition to public participation in expanding broadband Internet service to rural areas in competition with ALEC members, it’s perfectly understandable why Jindal eschewed that “top-down” management of the $80 million grant.

It’s not complicated.

And it is equally apparent that the monopolistic advantage enjoyed by private sector providers be protected at all cost—even at the cost of creating some 900 miles of cable over 21 rural parishes that would support several Louisiana universities with expanded optical fiber networking capacity.

It’s not complicated.

Top-down management apparently is good only when it originates from the fourth floor of the State Capitol. Just ask any legislator, former state employee, or board or commission member who has dared to contradict him on any issue.

It’s not complicated.

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The American Legislative Exchange Council (ALEC) may have suffered a mass exodus of sorts in the wake of its Stand Your Ground mantra that led to the shooting of Trayvon Martin, but ALEC is far too strong to let a few defections stand in the way of its political agenda in such areas as public education (even to borrowing from John White’s playbook), weakening workers’ rights, diluting environmental protections, healthcare and now even in the way U.S. senators are nominated and elected.

For that reason alone, the upcoming legislative session which begins at noon on March 10—less than two months from now—will bear close watching for any bills that might appear to have originated at ALEC’s States & Nation Policy Summit last month in Washington, D.C.

ALEC, while striving to change laws to meld with its agenda, nevertheless denies that it is a lobbying organization. That way, corporations and individuals who underwrite ALEC financially are able to claim robust tax write-offs for funding ALEC and its companion organization, the State Policy Network (SPN).

ALEC has a strong presence in Louisiana. Former legislator Noble Ellington, now a deputy commissioner in the Louisiana Department of Insurance, is a former national president of the organization and Gov. Bobby Jindal was recipient of its Thomas Jefferson Freedom Award a couple of years ago when ALEC held its national conference in New Orleans.

Current Louisiana legislators who are members of ALEC are:

House of Representatives:

  • Rep. John Anders (D-Vidalia), Energy, Environment and Agriculture Task Force;
  • Rep. Jeff Arnold (D-New Orleans),      attended 2011 ALEC Annual Meeting;
  • Rep. Timothy G. Burns (R-Mandeville), Civil Justice Task Force Alternate;
  • Rep. George “Greg” Cromer (R-Slidell), State Chairman, Civil Justice Task Force (announced he was resigning from ALEC and from his position as Alec state chairman of Louisiana on April 17, 2012);
  • Rep. James R. Fannin (R-Jonesboro), ALEC Tax and Fiscal Policy Task Force;
  • Rep. Franklin J. Foil (R-Baton Rouge), Communications and Technology Task Force;
  • Rep. Brett F. Geymann (R-Lake Charles), ALEC Communications and Technology Task Force;
  • Rep. Johnny Guinn (R-Jennings);
  • Rep. Joe Harrison (R-Gray), State Chairman, member of Education Task Force; (solicited funds for “ALEC Louisiana      Scholarship Fund” on state stationery July 2, 2012);
  • Rep. Cameron Henry, Jr. (R-Metairie), ALEC Tax and Fiscal Policy Task Force;
  • Rep. Bob Hensgens (R-Abbeville);
  • Rep. Frank Hoffmann (R-West Monroe), ALEC Education Task Force;
  • Rep. Girod Jackson (D-Marrero), (resigned last August after being charged with fraud);
  • Rep. Harvey LeBas (D-Ville Platte),  ALEC Health and Human Services Task Force;
  • Rep. Walter Leger, III (D-New Orleans), ALEC Education Task Force;
  • Rep. Joe Lopinto (R-Metairie), (attended 2011 ALEC Annual Meeting where he spoke on “Saving Dollars and Protecting Communities: State Successes in Corrections Policy”);
  • Rep. Nicholas J. Lorusso (R-New Orleans), ALEC Public Safety and Elections Task Force;
  • Rep. Erich Ponti (R-Baton Rouge;
  • Rep. John M. Schroder, Sr. (R-Covington), ALEC Tax and Fiscal Policy Task Force;
  • Rep. Alan Seabaugh (R-Shreveport);
  • Rep. Scott M. Simon (R-Abita Springs), ALEC Commerce, Insurance and Economic Development Task Force;
  • Rep. Thomas Willmott (R-Kenner), ALEC Health and Human Services Task Force;

Senate:

  • Sen. John A. Alario, Jr.(R-Westwego), ALEC Energy, Environment and Agriculture Task Force;
  • Sen. Jack L. Donahue, Jr. (R-Mandeville), ALEC Civil Justice Task Force member;
  • Sen. Dale Erdey (R-Livingston); Health and Human Services Task Force;
  • Sen. Daniel R. Martiny (R-Metairie); Public Safety and Elections Task Force;
  • Sen. Fred H. Mills, Jr. (R-New Iberia), ALEC Civil Justice Task Force member;
  • Sen. Ben Nevers, Sr. (D-Bogalusa), ALEC Education Task Force member;
  • Sen. Neil Riser (R-Columbia), ALEC Communications and Technology Task Force;
  • Sen. Gary L. Smith, Jr. (R-Norco), ALEC Communications and Technology Task Force;
  • Sen. Francis Thompson (D-Delhi)
  • Sen. Mack “Bodi” White, Jr. (R-Central), ALEC Tax and Fiscal Policy Task Force.

All ALEC meetings are held under tight security behind closed doors. During one recent conference, a reporter was not only barred from attending the meeting, but was actually not allowed into the hotel where the event was being held.

Apparently, there is good reason for that. It is at these conferences that ALEC members meet with state legislators to draft “model” laws for legislators to take back to their states for introduction and, hopefully, passage. Some of the bills being considered for 2014 are particularly noteworthy.

We won’t know which proposals were ultimately approved at that December meeting in Washington, however, because of the secrecy in which the meetings are held. We will know only if and when they are introduced as bills in the upcoming legislative session. But they should be easy to recognize.

One which will be easy to recognize is ALEC’s push for implementation of Louisiana’s Course Choice Program in other states. Course Choice, overseen by our old friend Lefty Lefkowith, is a “mini-voucher” program which lets high school students take free online classes if their regular schools do not offer it or if their schools have been rated a C, D or F by the state.

Course Choice has been beset by problems in Louisiana since its inception first when companies offering classes under the program began canvassing neighborhoods to recruit students and then signing them up without their knowledge or permission. Vendors offering the courses were to be paid half the tuition up front and the balance upon students’ graduation, making it a win-win for the vendors in that it didn’t really matter if students completed the courses for the companies to be guaranteed half the tuition. Moreover, there was no oversight built into the program that would ensure students actually completed the courses, thus making it easy for companies to ease students through the courses whether or not they actually performed the work necessary to obtain a grade. The Louisiana Supreme Court, however ruled the funding mechanism for Course Choice from the state’s Minimum Foundation Program unconstitutional.

Three other education proposals by ALEC appear to also borrow from the states of Utah. The first, the Early Intervention Program Act, is based on Utah’s 2012 law which has profited ALEC member Imagine Learning by diverting some $2 million in tax money from public schools to private corporations. But Imagine Learning did not offer test scores for the beginning and ending of the use of its software, little is known of what, if any, benefits students might have received. The Student Achievement Backpack Act and the Technology-Based Reading Intervention for English Learners Act also appear to be based on Utah’s education reform laws.

The former provides access to student data in a “cloud-based” electronic portal format and was inspired by Digital Learning Now, a project of Jeb Bush’s Foundation for Excellence in Education when he was Florida’s governor.

Not all of ALEC’s proposals address public education.

For example, do you like to know the country of origin of the food you place on your table? More than 90 percent of American consumers want labels telling them where their meat, fruits, vegetables and fish are from, according to polling data. ALEC, though, is resisting implementation of what it calls “additional regulations and requirements for our meat producers and processors,” including those that would label countries of origin.

ALEC’s “Punitive Damages Standards Act” and the accompanying “Noneconomic Damage Awards Act” would make it more difficult to hold corporations accountable or liable when their products or practices result in serious harm or injury.

The organization’s “Medicaid Block Grant Act” seeks federal authorization to fund state Medicaid programs through a block grant or similar funding, a move that would cut Medicaid funding by as much as 75 percent. U.S. Rep. Paul Ryan (R-WI) has pushed similar block grant systems for Medicaid in several of his budget proposals.

In what has to qualify as a “WTF” proposal, ALEC for the second straight year is seeking approval of a bill to end licensing, certification and specialty certification for doctors and other medical professionals as requirements to practice medicine in the respective states and to prohibit states from funding the Federation of State Medical Boards.

Then there is the “Equal State’s Enfranchisement Act,” which is considered an assault of sorts on the 17th Amendment. For more than a century, U.S. senators were elected by state legislatures, a practice which often led to deadlocks and stalemates, leaving Senate seats open for months on end. But 101 years ago, in 1913, the 17th Amendment was ratified, changing the method of choosing senators to popular vote by the citizenry.

While ALEC’s proposal doesn’t mean full repeal of the 17th Amendment, it does mean that in addition to other candidates, legislatures would be able to add their own candidates’ names to ballots for senate seats. ALEC, apparently, is oblivious or unconcerned with a national poll that shows 71 percent of voters prefer electing senators by popular vote.

To keep track of these and other ALEC bills introduced in the upcoming session, just keep an eye on the member legislators and the bills they file.

And keep reading LouisianaVoice.

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