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Editor’s note: The following (with added comment) is a guest column provided to LouisianaVoice by the Healthcare Alliance for Regulatory Board Reform (HARBR):

By Christian Wolff

Louisiana Senate Bill 286, dubbed the Physician’s Bill of Rights, fell into a “coma” before the Louisiana Legislature on last Wednesday but not before an outburst over the testimony of the bill’s author.

Sen John Milkovich (D-Shreveport) was in the middle of explaining the obvious conflict of interest on the Louisiana State Board of Medical Examiners when he was interrupted by New Orleans attorney Jack Stolier who twice shouted that Milkovich’s testimony was a “bald faced lie.” (Milkovich’s testimony and Stolier’s off-camera interruption can be heard beginning at the 7:15 MARK of this video of the House Health and Welfare Committee.)

Milkovich had just referenced an “affair” between Dr. Cecilia Mouton, then an investigator for the board of medical examiners, and Stolier, who represented physicians before the board in disciplinary matters.

But hey, the brief flareup was by far the most interesting—and probably the most intelligent—moment of this session sadly marked by legislative ineptitude, indecision, and concerted efforts to bow to the will of special interests st the expense of constituents and Louisiana (See the disgraceful Senate passage of the Payday Loan bill. How anyone can hold out one scintilla of hope for this bunch is beyond comprehension).

After Stolier was escorted from the committee room by Capitol security personnel, Milkovich read from a March 18, 2016, LouisianaVoice post which alluded to the relationship between the two. He also cited a letter from a board director which acknowledged a “personal relationship” between the two. Mouton, now Director of Operations for the board, and Stolier have since married but Milkovich called the romantic link between Mouton, who was prosecuting doctors, and Stolier, who was defending them, a blatant conflict of interest.

This, folks, is typical of the manner in which both the Board of Medical Examiners and the Louisiana State Board of Dentistry disregard due process and run roughshod over members of the medical profession who are charged and deemed guilty without even a nod at procedure. Guilty until proven innocent turns legal procedure on its head and is the very reason why some sort of checks and balances are desperately need to bring these rogue board under control.

But instead, the board, without objection, agreed that the bill be involuntarily deferred, meaning that for all practical purposes, it is dead for this session. (This, by the way, is the same Board of Medical Examiners that has defied a court order and continues to refuse to allow the legislative auditor to see its records so the auditor can do his job.)

Typically, the House does not entertain motions to override/hear bills that were involuntarily deferred in a committee.

This is the same legislature that is on the verge of approving (the Senate already has, by a 20-17 vote) an increase to 167 percent in interest rates payday loan predators can charge, along with doubling loan origination fees. Looks like the American Legislative Exchange Council (ALEC) has been busy this session—as it has in past years.

Advocates of SB 286 praised it on May 2 as an excellent piece of legislation. It was referred to it as “landmark” bill with implications for the due process reforms of healthcare licensing boards in every state in the nation.

Legislators’ indifference—not unlike their indifference to solving the state’s fiscal ills—could open the state up to litigation, leaving it to Attorney General Jeff Landry to try and defend the state, an interesting proposition in itself. Such potential litigation already has a precedent: a recent U.S. Supreme Court decision, North Carolina Board of Dental Examiners v Federal Trade Commission. In that decision, SCOTUS laid out conditions by which licensing and regulatory boards could and could not act as agents of their respective states.

In order to be considered a “state agency,” boards now need to show that they have a voting minority of “market place participants” in the profession being regulated. The other means by which a state regulatory or licensing board may come into compliance with the SCOTUS decision, and now, the Federal Trade Commission (FTC) mandate, is to have demonstrable and meaningful state oversight by an entity or entities which are not marketplace participants in the profession regulated by the board over which they are providing oversight.

The concern of SCOTUS and the FTC is that without meeting at least one of these two conditions, licensing and regulatory boards might act in their own interests rather than in the interest of the public. Moreover, SCOTUS and FTC, are concerned that beyond acting in the interest of their own professions over the interest of the public, boards may act in the interest of boards themselves over the fair and equal interest of given licensees or classes of licensees. This might be called “market capture via regulatory capture” and would be to the detriment of patients, the public, and licensees alike.

States whose regulatory boards do not comply with the conditions set forth in North Carolina Dental Board leave every member of every board including administrative staff and legal counsel legally exposed in their professional capacities and as individuals. Suits might be based in the violation of anti-trust laws, or on injury against persons (such as licensees) who were harmed without the benefit of due process of law.

Healthcare licensees in every state across the nation are being awakened to the injustices which have befallen physicians, and increasingly, other healthcare providers, since the passing of the short-sighted Healthcare Quality Improvement Act in 1986.

Louisiana is not alone by any stretch. It was foolish and immature for the Louisiana House Health and Welfare Committee to put SB 286 to rest in the way it did. When the Physicians’ Bill of Rights awakens from its “Involuntary Deferment” it may well be in a different state already positioned to make the proper move. The first state will set the landmark precedent and if the precedent does not affect national policy, it will be followed by every state in the nation.

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My post last week about HB 602 that would allow anyone with a concealed permit enter a public school got the expected response, both from those in favor of the bill by Rep. Blake Miguez (R-Erath) and Sen. Neil Riser (R-Columbia) and those opposed.

In legislators’ frenzy to cozy up to the NRA and thus solidify their re-election chances among Louisiana’s hunters and gun enthusiasts, 59 House members VOTED in favor of the bill.

At least they can support the potential for schoolhouse slaughter even if they can’t find it in their conscience to solve the state’s financial woes.

Harsh words? Yep, and I stand by them despite comments to last week’s post such as this one:

Concealed weapons permit holders are the cream of the crop when it comes to individuals. They are professionals, business owners, and even grandmas. Trust me when I say you want me being able to defend you against those that wouldn’t get a permit and probably obtained their gun without a background check. Criminals are not the ones that abide by the rules. That’s something that liberals have yet to figure out.

No, Sunshine, I most certainly do NOT want you defending me. And yes, you are correct that criminals are not the ones who abide by the rules. But by your logic, you’re advocating that we simply dispense with the rules for everyone. Some people speed, litter, rob, loot, expose themselves in public, and cheat at cards and since they do, just eliminate the rules against those offenses and let everyone do it. Problem solved, right?

Here’s another brilliant observation:

In the first place, schools should not be gun free zones. Most mass shootings have occurred in gun free zones. I am for arming willing teachers and for allowing licensed concealed carriers to go onto school grounds. They have been vetted and trained. It is an insult to these fine people to trash talk what they “might do” in a chaotic situation. I’d rather for my grandchildren to know that somebody was on their side beside one resource officer way on the other side of the campus and not having to cower in a classroom corner waiting in horror as they hear the shots coming closer. I applaud the legislators who voted for this and am waiting for the Governor and the Sheriffs’ Association to strongly back this bill.

And then there is this comment which went far in exposing the thought processes employed by those 59 representatives who voted for this insanity:

I immediately checked with my Representative who voted yes on this bill. I asked him to explain his vote. I asked if his vote was influenced by NRA, ALEC or the Small Business group, specifically. He answered very quickly…however, his answer was a rambling discourse on why he is a licensed concealed carry person because of security at the Capitol, etc. He repeated this several times. Then he launched (into) the part where any school district can opt out of this bill. He stressed this over and over. He never really answered my question and by not answering my question, he actually answered my question. His reasons for voting for this bill, according to his own response, has nothing at all to do with school safety. As far as I can tell, from his response, it has mostly to do with pleasing the NRA, ALEC and that Small Business group. He will not be getting my vote.

Now, let’s examine those “cream of the crop” and the “vetted and trained” claims and see how they play out in actual, NON-EMERGENCY SITUATIONS involving “vetted and trained,” “cream of the crop” personnel:

  • A school police officer accidentally fired his gun in his Virginia office, sending a bullet through a wall into a middle school classroom.
  • A teacher (who moonlights in law enforcement) was demonstrating firearm safety in California when he mistakenly put a round in the ceiling, injuring three students who were hit by falling debris.
  • A sheriff left a loaded service weapon in a locker room at a Michigan middle school, where a sixth-grader found it.

An Associated Press review of news reports collected by the nonprofit Gun Violence Archive revealed more than 30 publicly reported incidents since 2014 involving firearms brought onto school grounds by law enforcement officers or educators. Guns went off by mistake, were fired by curious or unruly students, and were left unattended in bathrooms and other locations.

Several years ago, a teenage girl was killed in a horrific accident when a rifle in a gunrack inside a truck in the parking lot of Simsboro High School in Lincoln Parish discharged.

And then there’s this factor to consider:

Some insurance companies have even refused coverage for schools that allow non-law enforcement personnel to be armed.

Of course, Donald Trump could be counted on for his usual reversal of position during his speech Friday to the NRA convention in Dallas.

Trump, who initially voiced his support for tighter control of access to assault weapons in the wake of the Parkland, Florida, shootings, did his customary flip-flop when he called for allowing “trained” teachers to carry concealed weapons in schools, along with more security guards.

In his best Trumpgasm rhetoric, he crowed that the best deterrent to a shooter would be “the knowledge that their attack will end their life and end in total failure. When they know that, they’re not going in.”

It’s unclear if he was still talking about school shootings or if Stormy Daniels flashed through his mind with that last statement.

But here’s a news flash for you, Trumpster: Your cockamamie theory that a shooter won’t enter a school if he knows a teacher is armed because they know to do so “will end their life” is pure wishful thinking at best, B.S. at worst.

Give this some thought Thumper: How many school shooters have come out alive in the past? In fact, how many of any of the mass shooters have survived? A hint: damn few.

Frump, you should be able to figure out, with your self-proclaimed “incredibly high IQ,” that there is something mentally askew with these people or they would not gun down innocent children or classmates or concert-goers or church members or cops randomly in the first place.

They go into the schools, hotels or churches to kill with the express purpose of dying themselves—while taking as many with them as they can before they die, usually by their own hand.

So, just how does arming teachers or allowing a concealed carry permit holder to enter a school building deter a would-be shooter?

Somebody—specifically Miguez or Riser and 57 other House members—please answer that question.

And oh, please don’t resort to the tired, worn-out “liberal” argument. It’s not about liberal or conservative; it’s about common sense. It’s about finding a real solution, not re-creating the Gunfight at the OK Corral. To argue otherwise only illustrates that you don’t really have an answer other than name-calling.

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To some readers, this will come under the heading of extremely old news.

To others, it will be a revelation well worth the time to read if for no other reason than to remind us how those in positions to do so tend to take care of their own.

I’m talking about House Bill 1351 of the 2004 legislative session—14 years ago.

It was what insiders to the legislative process sometimes refer to as a snake because it is sneaked into the process as an apparently innocuous piece of legislation. In reality, however, it is a self-serving bill that does nothing to benefit the general population but which serves the purposes of only a small minority, a mere fraction of the population: those in control of the system.

Signed into law by Gov. Kathleen Blanco after passing both chambers unanimously (with five absences—four in the House and one in the Senate), and authored as HB 1351 by then Rep. Taylor Townsend, the bill gave sweeping powers to legislators and staff members to literally snub their collective noses at the authority of state courts.

Should you ever be subpoenaed as a witness or a defendant in a civil or criminal matter, you had best be in court clad in the proper attire, with a respectful attitude and at the appointed time lest you bring the wrath of the presiding judge down upon your spinning head. Try to ignore that subpoena or otherwise buck the system and you’re likely to be shown your new quarters in a local holding cell and with a special new nom de plume, courtesy of the occupants already there: “Fresh Meat.”

Unless you serve in the legislature or are employed by same.

In strict legalese, Act 873, which is formally referred to as R.S (for Revised Statute) 13:4163, is an “Ex parte motion for legislative continuance or extension of time, legislators or employees engaged in legislative or constitutional convention activities.”

In plain English, it’s a doctor’s excuse to skip class for extended periods of time.

With a not from appropriate authority, i.e. the clerk of the House or secretary of the Senate, a legislator or a legislative staff member, when subpoenaed for a court proceeding, may thumb his or her nose at the judge because the STATUTE gives them that authority over a court order.

It says so, right there in the second paragraph: “A member of the legislature and a legislative employee shall have peremptory grounds for continuance or extension of a criminal case, civil case, or administrative proceeding…The continuance or extension shall be sought by written motion specifically alleging these grounds.”

The statute also says the continuance (legal term for delay) is for the benefit of the legislator or legislative staff member “and may only be asserted or waived by a member or employee.” It even applies of the legislator is an attorney who enrolled as counsel of record in the court matter.

In other words, someone with important business before the court will just have to cool his heels while his attorney/legislator tends to more important matters, i.e. taking care of campaign contributors like oil and gas companies, nursing homes, pharmaceutical firms, banks and members of the Louisiana Association of Business and Industry (LABI) and the American Legislative Exchange Council (ALEC) by making sure they are not overburdened with silly requirements to pay their fair share of taxes.

And you surely wouldn’t want your legislator missing out on a fine supper at Sullivan’s or Ruth’s Chris, a gala crawfish boil or some other after-hours function because he was hung up in court representing some poor nobody in a criminal case or civil lawsuit.

Boy Howdy, talk about rank having its privilege.

This exemption even extends to legislative committees and/or subcommittees in addition to legislative sessions and constitutional conventions (the last one of those, by the way, was in 1974 but hey, why take chances?).

So next time you’re required to be in court as a plaintiff, defendant, legal counsel for either side, or a jury member, just be thankful you aren’t a legislator so heavily burdened with the state’s pressing business that you would have to decline the judge’s invitation to attend.

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Something happening here,

What it is ain’t exactly clear

 

The 1967 Buffalo Springfield Vietnam War protest song, For What It’s Worth could be applicable to just about any scenario in Louisiana politics but probably never more so than with HOUSE BILL 727 by State Rep. Major Thibaut (D-New Roads).

Thibaut, posing as a Democrat but appearing to be anything but, apparently wants to repeal the FIRST AMENDMENT which guarantees American citizens the right of peaceful assembly.

HB 727, which has 50 additional co-authors in the House and 14 in the Senate, would amend an existing statute in accordance with the dictates of the AMERICAN LEGISLATIVE EXCHANGE COUNCIL (ALEC), which long ago wormed its way into the Republican mindset as a means of advancing its agenda.

That agenda, of course, works hand-in-hand with that of corporate America—big oil, big banks, big pharma, charter schools, and private prisons, among others—to the overall detriment of those who ultimately foot the bill—the working stiffs of middle America who continue to convince themselves that their interests are compatible.

The bottom line is this: if the corporate giants are shelling out millions upon millions of dollars to lobby lawmakers and to finance their campaigns, you can bet they’re in bed together. And when they whisper sweet nothings in each other’s ear, they ain’t discussing how to make your life easier.

And that’s HB 727 and ALEC are all about. While the seemingly innocuous bill appears only to lay out penalties for trespassing onto “critical infrastructure,” and to include “pipelines” or “any site where the construction or improvement of any facility or structure…is occurring” to the definition of critical infrastructure, the wording of the bill includes subtle landmines designed to discourage otherwise legal protests.

For instance, while criminal trespass and criminal damage has long been considered a violation of the law, the bill adds this provision:

“Any person who commits the crime of criminal damage to a critical infrastructure wherein it is foreseeable that human life will be threatened or operations of a critical infrastructure will be disrupted as a result of such conduct shall be imprisoned at hard labor for not less than six years nor more than 20 years, fined not more than $25,000, or both.”

There’s a man with a gun over there

Telling me I got to beware

The key phrase here is “wherein it is foreseeable…”

This is a pretty subjective call on someone’s part. Just who decides what is “foreseeable”?

And then there is the conspiracy clause that’s added to the bill.

HB 727, which passed the HOUSE by an overwhelming 97-3 vote with five members absent, provides if “two or more” person conspire to violate the statute, each “shall be imprisoned with or without hard labor for not more than five years, fined not more than $10,000, or both.”

Just what would constitute a “conspiracy” in this case? Well, it could mean the simple discussion of possible trespass. Whatever it is, the word “foreseeable” is thrown into the mix again. So, a protest in the proximity of pipeline construction could conceivably be construed by an ambitious prosecutor as “conspiracy” and any discussion during such a protest could become a conspiracy.

Besides being yet another windfall for the private prisons, this bill is nothing more than a means to discourage protests over pipeline construction through sensitive areas such as the Bayou Bridge Pipeline, a joint venture of Energy Transfer Partners and Phillips 66 (keep those names in mind; they’ll come up again later).

It’s also an obvious effort to placate ALEC and the oil and gas industry that has held this state, its governors and legislators captive for a century. The political leaders of this state, from the governor on down, won’t go to the bathroom without permission from Mid-Continent Oil and Gas Association, which boasts on its WEB PAGE that it is “Louisiana’s longest-standing trade association” (read: lobbying arm of the petroleum industry).

There’s battle lines being drawn;

Nobody’s right if everybody’s wrong

What’s not difficult to believe is the motivation behind nearly half of the bill’s sponsors.

Of the 51 representatives and 14 senators who signed on as co-authors of the bill, 31 (23 representatives and eight senators) combined to rake in $62,500 in contributions from Transfer Partners and Phillips 66 since January 2011.

ENERGY TRANSFER PARTNERS CONTRIBUTIONS

PHILLIPS 66 CONTRIBUTIONS

Phillips also gave $3,500 to Senate President John Alario and Energy Transfer Partners chipped in another $4,000. Additionally, Energy Transfer Partners gave $4,000 to then-Sen. Robert Adley of Bossier Parish who was appointed by Gov. John Bel Edwards as Executive Director of the Louisiana Offshore Terminal Authority, $2,000 to then-Rep. Jim Fannin of Jonesboro who served as Chairman of the House Appropriations Committee at the time.

Energy Transfer Partners also contributed $5,000 to Edwards, who is on record as SUPPORTING the Bayou Bridge project, and Phillips 66 added another $5,500.

Thibaut was not one of those. But he did specialize in accepting campaign contributions from more than 40 political action committees—including several aligned with energy interests. In all, he pulled in $105,000 from PACs since 2008, campaign records show.

Those PACs included such diverse interests as dentists, bankers, payday loan companies, optometrists, insurance, student loans, pharmaceutical companies, sugar, realtors, and nursing homes, to name only a few.

EASTPAC, WESTPAC, NORTHPAC, and SOUTHPAC, four PACs run by the Louisiana Association of Business and Industry (LABI) combined to $13,750 to Thibaut, records show, while the Louisiana Manufacturers PAC gave $11,000.

With that money stacked against them, the Bayou Bridge pipeline opponents are fighting an uphill battle, especially with leaders like Edwards already having publicly endorsed the project.

The end game, of course, is to head off a repeat of STANDING ROCK, the largest Native American protest movement in modern history over the construction of a 1,170-mile Dakota Access pipeline, of which the BAYOU BRIDGE project through the Atchafalaya Basin is a part. Opponents of the 162-mile Bayou Bridge project—from St. James Parish to Calcasieu Parish—say would harm the area’s delicate ecosystem.

Standing Rock was an ugly scene, further illustrative of how this country has time after time ripped land, basic human rights and dignity from the country’s original inhabitants, inhabitants who weren’t even recognized as American citizens until 1924 even though more than 12,000 fought for this country in World War I.

Standing Rock apparently was such a national emergency that St. Charles Parish Sheriff Greg Champagne, at the time President of the National Sheriffs’ Association, found it necessary to visit Standing Rock in 2016 and to write a lengthy self-serving account in the association’s online PRESIDENT’S PODIUM of the carnage he witnessed at the hands of the protestors whom he described in less than glowing terms.

His article prompted a lengthy REBUTTAL by Cherri Foytlin, state Director of BOLD LOUISIANA in Rayne and Monique Verdin, a citizen of the UNITED HOUMA NATION, who also were at Standing Rock. It’s difficult to believe, after reading the two missives, that they were at the same place, witnessing the same events play out.

What a field day for the heat;

A thousand people in the street

Singing songs and carrying signs

Mostly saying, “hooray for our side.”

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With a flurry of (count ‘em) 37 bills dealing with gambling gaming, there is probably none more interesting to the folks in Tangipahoa Parish than identical bills introduced in the Senate (SB-417) and House (HB-438) that would facilitate the move of a Bossier Parish casino to property along the Tangipahoa River.

Brent Stephens is owner of the current license for Diamond Jacks in Bossier City. He and his company, Peninsula Pacific, acquired the license for Diamond Jacks in June 2016 after Legends, the previous owner, was released from bankruptcy the previous year. Stephens operates at least two other gaming properties in Louisiana—the Amelia Belle in Amelia in St. Mary Parish following Hurricane Katrina, and Evangeline Downs in Opelousas in St. Landry Parish.

His first choice for relocating Diamond Jacks was Lake Pontchartrain in St. Tammany Parish but he encountered a couple of insurmountable snags: he couldn’t get political support and he couldn’t find any landowners willing to sell.

He then turned his attention to Tangipahoa Parish and was initially looking at sites around Manchac adjacent to I-55 but abandoned that idea for reasons known only to him.

He then settled on an area south and west of Hammond along I-12.

And though the governor has made a point of staying out of all the gaming legislation (with the exception of two: a non-gaming-related proposal involving Harrah’s Casino in New Orleans and one to permit gaming on land within 1200 feet of an authorized berthing site, both of which he supports, he has said he would sign the Tangipahoa Parish bill if it made it to his desk.

And that is one great big IF—as in, not likely.

Despite strong support from Parish President Robby Miller, the parish council, and 48 percent and a large contingent still undecided among Tangipahoa Parish voters, there remains two chances—slim and none—that the Tangipahoa River will become a Mecca for casino gamblers.

That’s because of the formation of a rather unique alliance against the proposal: Tangipahoa Parish churches and video poker.

Whoever coined the phrase that politics makes strange bedfellows was dead right. There can be no stranger bedfellows than fire-and-brimstone-breathing protestant ministers and video poker operators.

And while ministers can exert considerable influence, video poker operators are every bit as powerful, if not more so. That’s because while casino operators are prohibited from making political contributions, there are no such restrictions on the video poker industry.

Video poker interests are well-represented on both sides of the legislative aisles, meaning they spread a lot of campaign money around and enjoy substantial influence at the capitol.

Throw in State Rep. Sherman Mack and you have some formidable opposition.

  • Mack, from the Livingston Parish town of Albany, just happens to be Chairman of the House Criminal Justice Committee.
  • Mack is casting a lustful eye at the district attorney’s office for the 21st Judicial District which includes the parishes of Livingston, St. Helena and….Tangipahoa.
  • That office is currently occupied by four-term DA Scott Perrilloux who is considered vulnerable.
  • Mack does not want to be labeled as a “pro-gaming” legislator should he decide to challenge Perrilloux.

HB-438 was introduced by Rep. Stephen Pugh (R-Ponchatoula) and SB-438 by Sen. Bodi White (R-Central). Only White’s bill has made it out of committee (on March 20) and it now awaits debate on the Senate floor. Should it pass the full Senate, it will then be sent to Sherman’s committee where in all likelihood, it will die an ugly death.

And therein lies the real political story.

The bill does two things:

  • It authorizes the Tangipahoa River as a designated waterway on which gaming may be conducted, and
  • It calls for a parish-wide referendum.

But in case it passes the full Senate, makes it out of Mack’s Criminal Justice Committee, and gains approval by the full House, then and only then does the proposal move onto the State Gaming Board which would have to approve the move.

Because the Tangipahoa is barely large enough to entertain tubers and the occasional Bateau boat, it ain’t about to accommodate a full-blown floating casino. The alternative would be a “free-standing” casino and the odds of that getting approved are pretty long.

Just another example of the interesting political issues that color Tangipahoa Parish.

 

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