Legislative Update 18

May 25, 2008

Dear Friends,

Special Session: Take 1

You will recall that last Sunday I was aware of four issues on the Governor’s Special Session call for May 21. Those issues were:

  • Reauthorization of the Mississippi Department of Employment Security (“MDES”);
  • The Metal Theft Bill (HB 1136) which the Governor vetoed on May 12;
  • A bill which would prohibit the expansion of gaming beyond counties that either currently allow gaming or have approved it in the past; and
  • A bill calling for technical adjustments to the current law allowing toll roads.

At 4:30 p.m. on Tuesday, that call was expanded to include:

  • Voter Identification;
  • A bill to amend illegal immigration legislation passed during the regular session;
  • A bill allowing Utility Authorities the right to “quick take” property for the purpose of acquiring rights-of-way for water, sewer, drainage and other public utility purposes; and
  • A bill to raise the salaries of Judges by 15% and District Attorneys by 10%.

The Governor’s frequent usage of special sessions during his first term served as an annual reminder of the broad authority Mississippi’s chief executive has to call the legislature back to the capitol during the “off season.” The nature of this power is succinctly stated in the first sentence of Section 121 of the Mississippi Constitution: “The Governor shall have power to convene the Legislature in extraordinary session whenever, in his judgment, the public interest requires it.” When the Governor wants the legislature to address an issue, he can call a special session, plain and simple. The subtext to the Governor’s authority, however, is the legislature’s ability to either take up issues on the Special Session call or leave them for another day.

While this is my first rodeo in the legislature, I have already developed a litmus test for issues that I believe are appropriate for consideration during a special session. My standard goes back to a word that is front and center in the Mississippi Constitution, “extraordinary.” During my time in the House, I intend to consider every issue before our chamber during an extraordinary session with this question: Is this issue extraordinary or would it be better addressed during the normal legislative calendar? I have two reason for applying this test: time and money. And when it comes to the legislature, time at the capitol means taxpayer money.

After reading the Governor’s complete call last Tuesday night, my thoughts returned to the months of work that were invested in bills that were passed during the regular session. During the months of January, February, March and April, the House passed bills dealing with reauthorizing employment security, metal theft, a gaming moratorium, toll roads, illegal immigration, imminent domain and salaries for officials. While I did not agree with our solution to all of these issues (see my “nay” vote on legislative pay raises), I know that they were the product of many hours of hard work by diligent House members. Indeed, two of the issues on the extraordinary session call were passed by both the House and Senate. While the illegal immigration bill was signed by the Governor, the metal theft bill was vetoed.

Upon considering all of these issues in light of my litmus test, I concluded that two issues were extraordinary and merited immediate attention. Employment Security has to be addressed because of the enormous burden it would place on businesses if the department is not reauthorized. Secondly, our state’s road builders paint a bleak picture of their industry if toll road legislation is not enacted. In my estimation, the other issues can wait for full consideration during the next regular session.

After sharing these concerns with members of the House, I was pleased to learn that many members felt similarly. For this reason, when we convened on Wednesday, the House reauthorized the Employment Security Commission for an additional year and passed the toll road bill. When those measures passed, we concluded our work and headed home.

Extraordinary sessions are costly. The first day of these exercises in democracy cost taxpayers around $60,000. Subsequent days cost around $40,000. In a year where we have nickled and dimed numerous agencies and failed to reach a permanent funding solution for Medicaid, I don’t believe the Governor or the legislature deserve a $40,000 dollar a day eraser. The issues on the Governor’s call are all important and merit close consideration but they aren’t all extraordinary.

Special Session: Take 2

“The best laid plans of mice and men often go awry.” So a freshman legislator doesn’t get to set the State’s agenda. I have to learn to live with that.

On Tuesday, House and Senate members will return to the Capitol to tweak Employment Security, possibly address Medicaid and most certainly sit around and stare at each other a lot.

As of this writing, the sticking point on the bill reauthorizing the Employment Security Commission rests on the issue of length. While the House plan reauthorizes the agency for a year, the Senate plan removes the repealer and thereby makes the Commission forever beyond the long arm of legislative scrutiny. This will not be an easy fight as many of us in the House continue to question the wisdom of no bid contracts for advertising services and would like to see this and other “sunshine” issues addressed during a regular session.

Besides employment legislation, I expect to see Medicaid added to the call this week. Yesterday, I received a position paper from the head of the Hospital Association indicating that a plan might be close. The problem is that the paper and the comments from hospital employees across the state make it sound like our state’s medical providers are less than gleeful about the so called “solution.” Add to that the public policy issue of funding Medicaid services literally on the backs of sick people. As I understand the plan, the per-patient-day tax rate will be $175. Without strong assurances from our public hospitals and other providers, I will have a tough time voting for a pure hospital tax.

How to Contact Me

If you have any questions or concerns, I invite you to call me on my cell phone at 228-326-7649 or e-mail me at bjones@house.ms.gov. Please feel free to forward this report to folks in our district and let me know if I need to add someone to my list.

I will also be posting my updates and House related news on my campaign website at www.electbrandonjones.com.

Thank you for the opportunity to serve.

Brandon