PRIOR HOME PAGE ARTICLES
RETIREMENT CHANGE DEFEATED AGAIN!!
SB 100
SB 100 by Sen. Butch Gautreaux, upon request of the PERS Board, proposed to change the terms for everyone in PERS who has yet to retire, including those persons who were already vested. The proposal was to change the calculation of Final Average Compensation from 36 months to 60 months. This would have had the effect of reducing the ultimate retirement benefit the member would have collected upon retirement. Back on April 27th the Senate rejected SB 100 on a vote of 6 yeas to 23 nays, but through a procedural move the bill was passed out of the Senate on Wednesday evening during consideration of “non-controversial bills” and passed 31-2. It was then set for hearing the very next morning in the House Retirement Committee. The House Retirement Committee heard the bill and rejected it on a vote of 6-1. Thanks to the members of the House Retirement Committee who stood with the PJAL: Reps. Doerge, Cortez, Henderson, Hoffman, Montucet, and Pope. Chairman Pearson also expressed his opposition to the bill. We will continue to monitor this issue to ensure that the bill does not resurface again.
RETIREMENT UPDATE
SB 100 REVIVED
**********************************
In a procedural move on Wed, SB 100 was revived, passed out of the Senate and placed on the Thurs House Retirement Comm. agenda. SB 100 will change the rules for all employees and elected officials who are members of PERS and hired before 1/1/07, whether vested or not. It will reduce your benefit by changing the way the benefit is calculated. The PJAL will strongly oppose the bill, but you should contact your House Member and express your opposition to SB 100 - It simply isn't fair to change the rules in the middle of the game.
DISPUTES ON LOCAL SALES AND USE TAX MATTERS
SB 567
SB 567 by Sen. Morrish was amended in the Senate to substantively amend the bill to create a more inclusive (and maybe too inclusive) arbitration process in the resolution of local sales and use tax disputes. The process set forth in the amendment will allow arbitration when a taxpayer is “subject to any collection procedure” allowed under current law. This goes to far, as many of the collection actions are as to final judgments where a Court has already found a taxpayer liable or circumstances where the taxpayer acknowledges that he owes the taxes, but simply has not paid them or circumstances where the taxpayer has not even bothered filing a return, despite notice by the tax collector. We are working with the LMA and LATA to urge the author to further amend the legislation to address these concerns, so that the arbitration process will only apply when there is a legitimate dispute as to the taxability of a transaction (an issue of law) or the amount of tax owed (an issue of fact). The bill will next be heard in the House Ways and Means Committee. Contact those members and urge them to take the concerns of local government into account when they vote on the bill
House Ways & Means Committee Members: Greene, Chairman / Smith, Jane, Vice Chairman / Baldone / Barras / Burrell / Carter, S. / Danahay / Henry / Hoffmann / Jackson, G. / Jackson, M. / Nowlin / Perry / Richard / Richmond / Ritchie / Robideaux / Templet click here to read more
DOCTORS & DRUG COMPANIES
PUSH SALES TAX EXEMPTION
AGAIN
HB 1404 by Rep. Mills proposes to grant
a sales and use tax exemption TO doctors
The House voted on the matter on Monday, May 24th. The vote was 46 YES and 42 NO, so the matter FAILED as it takes 53 votes to pass a bill.
But, the matter is scheduled to be voted on again on Wednesday, June 3rd.
The proponents have challenged the accuracy of the Fiscal Note prepared by the Legislative Fiscal Office, which estimated the cost to local government to be $12 Million annually. Even if the fiscal note were ½ of the estimate, that is still $6 Million that local government cannot afford to lose. In short, this controversy is caused because doctors have been unsuccessful in getting insurance companies to reimburse them for the sales taxes on drugs that the doctors administer in their offices. The doctors do not want to try to collect those taxes from their patients. While the doctors make a passionate argument that these new drugs should not be subject to taxation, they miss the philosophical issue:
THE LEGISLATURE SHOULD NOT BE GIVING AWAY LOCAL TAX REVENUE.
Local governments can already grant the exemption locally – IF THEY CAN AFFORD IT.
DOCTORS SEEK
SALES TAX EXEMPTION
HB 1404 by Rep. Mills proposes to grant a sales and use tax exemption TO doctors that may cost local government
OVER $12 MILLION PER YEAR.
Currently the law provides that a local government MAY grant a full or partial exemption from local sales and use taxes for certain types of medications administered by a doctor in his office. Some jurisdictions have exercised this option, but many have decided that they cannot do without the revenue that this existing taxable transaction generates. The issue described by the doctors who testified in support of HB 1404 was that insurance carriers, with whom the doctors have contracts, will not reimburse them for the sales and use taxes due on thes
e medications used in their offices. Instead of negotiating with the insurance companies or urging the legislature to force the companies to reimburse them, the doctors are asking for local government to subsidize their income by not collecting the tax. One doctor testified to the effect that her office would have made an extra $80,000 last year if this exemption were in place...to read more CLICK HERE
CRIMINAL BACKGROUND CHECK BILL
MOVING FORWARD
SB 396 by Sen. Nick Gautreaux proposes an expedited process for a candidate to challenge that another candidate is not properly qualified due to a past felony conviction. This is similar to a bill that the PJAL proposed in the 2008 Regular Session. SB 396 was unanimously passed by the Senate on May 3rd and is awaiting a committee hearing in the House. The bill makes it clear that if a candidate promptly reports that a felon has qualified in an election, the local DA must investigate and take action to remove the candidate if the candidate has a disqualifying felony conviction....to read more click here
SENATE REJECTS RETIREMENT BILL
SB 100 proposes to change the method of calculation of retirement benefits for current vested members of the Parochial Employees Retirement System from 36 months of wages to 60 months of wages. This proposal would have resulted in a reduction of the retirement benefits for current vested members of the system. The PJAL strongly opposed the legislation and it was defeated by the Senate on a vote of 6 yeas and 23 nays. This vote was due in great part to the many contacts by our members with their Senators. Despite the vote, the issue is not done, as SB 100 is still subject to reconsideration by the Senate. Contact your Senator, thank him or her for their vote against SB 100, and urge him or her to continue to stand with the PJAL and all of those parish employees who are relying on the promises that have been made by PERS.
Acts of the 2009 Regular Session of Particular Interest to Parish Government
The 86th Annual Convention of the Police Jury Association of Louisiana was extremely well attended, with over 700 members registered. Including guests and exhibitors the total attendance was near 1000.
The Honorable Carl A. Pierson, Sr., of the Caddo Parish Commission, was elected President of the Association.
The other officers elected were: 1st VP, Honorable Paul Naquin, St. Mary Parish, 2nd VP Honorable Gerald "Mike" McLeod, Beauregard Parish, and 3rd VP Honorable Melvin Haymon, Vernon Parish.
To have a Resolution considered at the Police Jury Association Annual Convention it should be submitted to the PJAL office by January 25, 2010. The Resolution must first be adopted by a member parish. No one other than a member parish may submit a resolution for consideration. Resolutions should be limited to issues of statewide interest for parish governments. All Resolutions submitted by the deadline will be considered "pre-filed" and will be placed on the agenda of the Resolutions Committee. Any member parish that submits a resolution should designate a representative to appear before the Resolutions Committee.
EXHIBITORS - This is an excellent opportunity to meet and visit with over 1,000 local government decision-makers. In this venue you will meet, at one time, the jurors/council members, parish administrators, engineers and public work directors from parishes around the State of
Click Here to see the diagram of the Exhibit Area and the booth space that is still available.
For more information call 888-551-2835 or email Donna Harrelll
PJAL General Counsel, Dan Garrett, has been called upon to make a number of recent appearances. He has been selected to serve on the Title 33 Revision Committee of the Louisiana Law Institute, which is studying Title 33 and will make recommendations to the Law Institute for the reorganization of Title 33, the title of law contains most local government law. He is also participating in a panel discussion of the impact of GASB 45 at the LA Society of CPA's 2009 Governmental Accounting & Auditing Conference in Lafayette on October 22nd. This follows his making two separate presentations at the Government Finance Officers Association Conference in Baton Rouge last week. He is also currently serving as the PJAL appointee to the Act 442 Commission which is studying proposals to improve certain aspects of local and state sales and use tax law.
OUTLAY
REQUEST
DEADLINE
11:59 P.M.
In order for your Capital Outlay request to be reviewed by the Division of Administration for feasibility you must submit it by the deadline. Failure to submit a project will result in a recommendation by the DOA that the project is
NOT FEASIBLE.
All requests must be submitted electronically through the following website: www.doa.la.gov/ecorts
You must have a user ID to use the website, which can be obtained through the site itself.
Each request must be accompanied by a letter of support from your Senator or State Representative which
MUST BE RECIEVED BY THE DEADLINE.
Those letters may be faxed directly to the DOA at
225-342-7624, ATTN: Claire.
The deadline is a Sunday but the electronic submission and the faxed letter still must be received by 11:59pm.
**************************************************************
The LA Parish Attorneys Assn held a successful Fall MCLE Conference on Friday, Sept. 18th in Baton Rouge. A highlight of the conference was a two-hour presentation on Emergency Preparedness Law led by GOHSEP Executive Counsel Ben Plaia which included a panel discussion/skit and a PowerPoint presentation. CLICK to view the PowerPoint presentation.
4th Annual Smart Growth Conference in Baton Rouge
August 27th & 28th
The Center for Planning Excellence (CPEX) will hold its 4th annual Smart Growth Summit: Creating Complete Communities, August 27 and 28, 2009 at the Shaw Center for the Arts in downtown Baton Rouge. The Summit on Smart Growth has become the premier event for promoting quality planning and design in Louisiana. click for info
CPEX is also offering $1000 Scholarships for up to 10 local officials to attend the 9th Annual New Partners for Smart Growth: Building Safe, Healthy and Livable Communities Conference in Seattle, WA on Feb. 4-6, 2010. click for info
Summary and Grant Guide
for the
Competitive Grant Programs of the American Recovery and Reinvestment Act of 2009
sent by
Senator Landrieu's office,
click the links below.
2009 REGULAR LEGISLATIVE SESSION COMES TO A CLOSE
The Louisiana Legislature adjourned at 6:00 pm on Thursday, June 25th. Most of the PJAL Package has already achieved final passage and are awaiting signature by the Governor:
HB 88 Dual Office-holding Change
ACT 178
HB 353 Increase in Contract Limit
HB 604 Surplus Property Change
ACT 425
HB 782 Prepaid Wireless 911 Fee
ACT 531
HB 823 Electronic Bid Law Change
ACT 227
HB 765 Mineral Severance Tax Change
On Ballot Nov. 2, 2010
HB 777 Ethics Change
ACT 308
View our Legislative Matters page and see outcome of the various bills tracked by the PJAL.
Act 334 Amends Notice Provisions When Demolishing Derelict Property
If your Parish has a program of demolishing derelict properties you need to review the revised notice provisions set forth in Act 334 of the 2009 Session.
Click here to view Act 334
LEGISLATURE ENTERS FINAL MONTH
The 2009 Regular Legislative Session enters its final month. The Session must adjourn no later than 6:00 p.m. on Thursday, June 25th. At this point most of the House bills have cleared or are soon to have cleared the House and the Senate bills have cleared or are soon to have cleared the Senate. The next stop for bills is the committee in the opposite body. Our legislative package is progressing well. We are also having success in either opposing or amending bills that may have a negative impact on parish government.
IN HOLDING PATTERN
The various tax measures, from sales tax exemptions to changes in property tax laws (including roll forward and reassessment) are currently on hold in the House Ways & Means Committee. The Committee has heard and continues to hear general testimony on these measures. The PJAL, along with the other local government associations, has made a general presentation to the committee to establish our general position. Police Jurors and Parish Presidents and Council Persons need to be in contact with the members of their Legislative delegation to make sure that the authority over parish taxes and parish revenues stays, unencumbered, with the parish elected officials.
COUNTDOWN TO
SINE DIE
The Legislature is required to adjourn the 2009 Regular Session, sine die, (Latin for “without day”) at 6:00 pm on Thursday, June 25th. Under the rules, no bill can be considered for final passage after Monday at 6:00pm. There is a process to suspend the rules to take bills up after that time, but it would require a 2/3 vote of both the House and the Senate to do so. After Monday at 6:00pm the Legislature will only be considering bills that have been amended in the other body and conference committee reports. A conference committee is established when a bill that originated in one body is amended by the other body, then the body of origin rejects the amendments. When that occurs, the Senate President and the Speaker of the House each appoint three members of their respective bodies to a Conference Committee. The committee may or may not have a formal meeting. In consultation with each other, and the parties in interest, the committee members draft a version of the bill that satisfies at least two of the House members and two of the Senate members. Once that minimum number has agreed to the final version of the bill, the proposal is presented to both the House and the Senate for consideration. The bodies can vote yes or no, or vote to send it back to the conference committee for further revision – but the bodies cannot offer floor amendments to the conference committee proposal.
The Committee heard an overview of the various proposal to limit or repeal roll forward authority for local governments. The Committee also heard a reply from the PJAL, LMA, LA Sheriff's Assn, Firefighter's Union, LA School Board's Assn, along with the Assessor fro Lafayette and the Mayor of Covington. The Assns and others defended the history of local government in using roll forward authority and the need to use such authority for millages tied to on-going expenses, such as firefighter compensation.
CLICK THE MEMBERS NAME FOR CONTACT INFORMATION
The PJAL is actively tracking 195 of the 1293 pieces of legislation that were pre-filed. More bills will be filed in the next couple of weeks and we will be reviewing each for their impact on parish government. Tracking information and weekly Legislative Reports will be available every Friday, on the Legislative Matters page of our website. The weekly Legislative Reports will also be sent to each parish office. You, as a parish official, staying informed and making personal contact with the members of your delegation will help ensure that you can better serve your district, your parish and our state. Special interests groups will be telling your legislators their side in order to advance their special interests, often at the expense of parish government, so your action is needed so that your legislator hears the whole story.
SUCCESSFUL CONVENTION
The Police Jury Association of Louisiana held a successful 85th Annual Convention in New Orleans, March 19-21, 2009. Registration exceeded 700, with 59 of 64 parishes sending representatives and guests. Sandy Tremé of Calcasieu Parish was elected President of the PJAL. The remaining officers elected were 1st VP Carl Pierson, 2nd VP Paul Naquin and 3rd VP Mike McLeod. The PJAL sends "Thanks" to the elected officials and staff of Orleans for their assistance.
The
Louisiana
Recovery
Authority
is
helping
GOHSEP
do
outreach
to
parishes
and
municipalities
on the
Community
Disaster
Loan
Program.
This
$100M
program,
which
includes
For more information and an application, click here.
The Federal Trade Commission has issued rules with regard to the protection of credit accounts from identify theft. This has been interpreted to apply to public utilities. As such it may apply to some local governments that, for example, operate a water utility. We are trying to get a model policy and will provide further information when we are able.
The LA State Uniform Construction Code Council announces FREE Code training opportunities. For information on how to register click here or contact Denise Jobe at the Code Council (225)922-0817.
NACo has launched a new member benefit, a free Online Supplier Directory. The directory is designed to help all members, but particularly those in the administrative and purchasing areas find nationally recognized, regional or locally-based businesses.
The directory will allow parishes to identify green businesses, obtain more competitive pricing, gain more knowledge on products and services, and submit a Request for Information (RFI) anonymously. The RFI feature will allow parishes to obtain information on materials and background prior to purchasing or requesting a bid, therefore easing the development of a possible Request for Proposal (RFP).
You can find NACo's Online Supplier Directory by visiting www.naco.org. Please email Bill Cramer if you have any problems logging in or call (202)942-4264
The Evangeline Parish Police Jury conducted its December 8th meeting in French. The practice is an annual event that is intended to celebrate the French- Acadian culture of the parish. Police Juror Davis Manuel lead the meeting. Olivier Brochenin, the French Consul General, attended as an honored guest.
Act 727 of the 2008 Regular Session mandates the promulgation and use of a standardized bid form for all public works projects. This Act was a reaction to several circumstances in which the low bidder on a project had a minor technical error in their bid documents, such as the failure to initial each page, or sign the front cover, or include a copy of the bid specifications with his bid – none of which pertains to whether he is the low responsible bidder. To avoid these technical errors the Legislature decided to mandate the use of a short, concise, standardized bid form by all public bodies for all public works projects under LRS 38:2212. The hope is that the simpler format will result in fewer errors and thus a reduction in the number of circumstances where a low bid would have to be disqualified. Public bodies are still able to require all of the other items that were a part of their prior bid requirements as a condition of contract execution. Therefore, Act 727 does not mean that a public body cannot require proof of insurance or non-discrimination affidavits, etc. It just means that those items will not be submitted with the bid, but rather will be submitted prior to and as a condition of executing the actual contract. The Office of Facility Planning is tasked with promulgating the standard bid form. CLICK HERE to view the final version of the uniform bid form. Please have your procurement and contracting staff or contractor review the form and make comments. Those comments should be directed to Dan Garrett.
Please CLICK HERE for the NACo Steering Committee and Nomination Request Information!
AG ISSUES OPINION RE: ELECTRONIC BID LAW
The requirements of Act 590 of the 2008 Regular Legislative Session are not applicable to the purchase of materials and supplies of ten thousand dollars or more, but less than
twenty thousand dollars.
The Police Jury Association of LA has completed its Region Meetings for 2008. Region III of the PJAL held its annual meeting on Thursday, November 13th, in Iberia Parish. The meeting had originally been scheduled for September, but was rescheduled due to Hurricane Gustav.
The lawsuit challenging the opt-out provision of Act 433 of 2008 Regular Session, the Cable Bill, is pending before Judge Janice Clark of the 19th Judicial District Court in East Baton Rouge Parish. All parties made arguments on Monday, Oct. 27th, then returned on Wednesday, Oct. 29th, to provide additional responses to Judge Clark's questions. She has the matter under advisement, and we are hopeful that a decision is rendered in our favor by Monday. The issue is the constitutionality of the provision of Act 433 that allows existing cable franchisees to unilaterally terminate the franchise contracts, that they signed with various parishes and municipalities. The opposition includes the State of Louisiana (which is obligated to defend Acts passed by the Legislature) along with the LA Cable Television Association and AT&T, which were the primary proponents of the legislation.
DRAFT
Act 727 of the 2008 Regular Session mandates the promulgation and use of a standardized bid form for all public works projects. This Act was a reaction to several circumstances in which the low bidder on a project had a minor technical error in their bid documents, such as the failure to initial each page, or sign the front cover, or include a copy of the bid specifications with his bid – none of which pertains to whether he is the low responsible bidder. To avoid these technical errors the Legislature decided to mandate the use of a short, concise, standardized bid form by all public bodies for all public works projects under LRS 38:2212. The hope is that the simpler format will result in fewer errors and thus a reduction in the number of circumstances where a low bid would have to be disqualified. Public bodies are still able to require all of the other items that were a part of their prior bid requirements as a condition of contract execution. Therefore, Act 727 does not mean that a public body cannot require proof of insurance or non-discrimination affidavits, etc. It just means that those items will not be submitted with the bid, but rather will be submitted prior to and as a condition of executing the actual contract. The Office of Facility Planning is tasked with promulgating the standard bid form. CLICK HERE to view the draft bid form. Please have your procurement and contracting staff or contractor review the form and make comments. Those comments should be directed to Dan Garrett.
Amendments 4 & 7
Among Those Rejected
| CA No. 1 Term Limits for Appointed Boards & Commissions | ||
|---|---|---|
| 1,129,711 | 69% | FOR |
| 497,205 | 31% | AGAINST |
| CA No. 2 7 Day Notice of Special Sessions | ||
| 951,980 | 60% | FOR |
| 641,262 | 40% | AGAINST |
| CA No. 3 Temporary Successor for Active Duty Legislator | ||
| 981,398 | 62% | FOR |
| 606,991 | 38% | AGAINST |
| CA No. 4 Increase Parish Portion of Severance Tax Proceeds | ||
| 704,004 | 45% | FOR |
| 875,138 | 55% | AGAINST |
| CA No. 5 Transfer of Special Property Assessment | ||
| 778,148 | 50% | FOR |
| 779,996 | 50% | AGAINST |
| CA No. 6 Re-Sale of Expropriated Blighted Property | ||
| 770,987 | 49% | FOR |
| 786,884 | 51% | AGAINST |
| CA No. 7 Investment of Post-Employment Trust Fund Monies | ||
| 670,711 | 44% | FOR |
| 841,869 | 56% | AGAINST |
The Council for a Better Louisiana and the Bureau of Governmental Research have both endorsed Amendment No. 4 (Severance Tax Distribution) and Constitutional Amendment No. 7 (Trust Fund Investment). The support of these two non-partisan governmental watchdog groups, combined with the support of the Jindal Administration and unanimous Legislative approval, clearly evidences that the adoption of both amendments is in the best interests of the citizens of the State of Louisiana. Click to view the positions of CABL and BGR.
Please note that local government funds CANNOT be contributed to this or any other PAC. However, private citizens and companies, including road contractors and affiliated companies, are eligible to give to IOR PAC. The Louisiana Midcontinent Oil and Gas Association, Associated General Contractors, Driving LA Forward, and the LA Pharmacy Association are among some of IOR PAC's early supporters.
To view the packet sent by the PJAL to its members regarding Amendment #4, click here.
Gov. Jindal and CABL Support Amendment 4
Barry Erwin, Executive Director for the
Council for A Better Louisiana, announced
earlier today at the Louisiana Press Club
that his statewide organization will support
Constitutional Amendment #4. This will keep
local dollars within an eligible parish to
build and maintain local roads and bridges.
Luke Letlow of Governor Jindal’s office
announced earlier the Governor’s support of
the Amendment. Sam Fulton, President of the
Police Jury Association, stated, "The
statewide board of the PJA voted unanimously
to support this equal share amendment."
Despite
Hurricane
Ike, the
PJAL has
conducted
four of
its
seven
planned
Region
Meetings.
Regions
I & II
held a
joint
meeting
on Sept.
25th,
Region
VI held
its
meeting
on Sept.
30th,
Region V
held its
meeting
on Oct.
4th, and
Region
IV held
its
meeting
on
October
3rd.
We are
in the
process
of
issuing
press
releases
on each,
which
can be
accessed
through
the
button
above.
Still to
come are
rescheduled
meetings
for
Regions
III,
VII, &
VIII.
The PJAL & LMA have filed a Joint Petition to have the recently adopted cable bill (Act 433 of the 2008 RS) declared unconstitutional. The basis of the suit is Art. VII § 15 of the LA Constitution. It prohibits the Legislature from authorizing the extinguishment of an obligation owed by a person to a parish or municipality. Act 433 authorizes cable companies to unilaterally terminate (or "opt-out of") existing cable franchise agreements. These are contracts the companies signed with the municipality or parish. An agreement has been reached by the parties to the litigation to suspend this opt-out provision of the Act until a trial provisionally set for October 20th. Due to a scheduling conflict the consolidated hearing on the Preliminary Injunction, Permanent Injunction and Declaratory Judgment has been tentatively set for Oct. 27th. Judge Clark of the 19th JDC in Baton Rouge agreed to sign the order setting the hearing and temporarily suspending the "opt-out" provision of Act 433, thereby barring existing cable companies from nullifying existing cable franchise agreements.
Also it appears as though the City of Alexandria may file suit on its own within a week or so, as well as intervene in the PJAL & LMA suit. See Town Talk article.
Pursuant to LA Constitution Art. III, §19 most of the legislation adopted in the 2008 Regular Session of the Louisiana Legislature took effect on August 15, 2008. To review the 2008 Acts organized by effective date click here.
The Police Jury Association of Louisiana adopted twelve resolutions at it's annual convention. Each of the twelve resolutions were unanimously adopted.
To view an index of the resolutions, click here. Copies of particular resolutions may be obtained by contacting the PJAL office.
Though the number in attendance was down a bit from prior years (due to Hurricane Ike) the conference was still a success. The attorneys in attendance got a frank presentation of the new Ethics laws from Mike Dupree of the LA Board of Ethics, a thorough presentation on the three legislative sessions from 2008 from Dan Garrett, General Counsel of the PJAL, and a stirring presentation by Prof. John Costonis, of the LSU Law Center, on the impact of the Constitutional Amendments adopted in 2006 dealing with governmental eminent domain powers. Prof. Costonis has compared Louisiana's reaction to the US Supreme Court decision in New London vs Kelo to laws adopted in other states. He also authored an article in the April/May issue of the Louisiana Bar Journal. You can view the article by clicking here. Prof. Costonis also briefed the attendees on a test case, NORA vs. Johnson, that was recently decided in the Civil District Court of Orleans. There, the Trial Judge ruled that the new Constitutional provision DID NOT prohibit NORA (New Orleans Redevelopment Authority) from expropriating property damaged by Hurricane Katrina for transfer to Habitat for Humanity. An appeal of that decision is anticipated. The PJAL will be following the case very closely as it will greatly impact the ability of parishes to use eminent domain with regard to economic development and blight.
Hurricane
Gustav's
Projected
Path and
Model
Predictions
has it
making
landfall
sometime
late
Monday
or early
Tuesday
anywhere
between
Houston,
Texas
and
Tallahassee,
Florida.
These
predictions
will
change
as the
storm
enters
the Gulf
of
Mexico.
With the
upcoming
Labor
Day
weekend, precautions
should
be
undertaken
now.
Continue
to
monitor
the
projected
path and
timeline,
please
see the link
above.
The PJA
office
will be
closed
but
Executive
Director
Roland
Dartez
will be
at the
office
and/or
the
state
OEP
office
throughout
the
weekend
and
Monday.
The
Legislative
Auditor
has the
LLA
Disaster
Guide
on their
website
at
www.lla.state.la.us.
See the
complete
Before a
Disaster
section
and the
sections
Immediately
Before/Following
a
Disaster
and
After a
Disaster.
Questions
or
requests
for
information
should
be
referred
to John
Morehead,
CPA,
Director,
Recovery
Assistance
Division,
Office
of the
Legislative
Auditor,
(225)
339-3965,
jmorehead@lla.la.gov.
The
2008-09
State
budget
has been
signed
into law
by
Governor
Bobby
Jindal
with the
following
appropriations
for the
Parish
Transportation
Fund in
Schedule
20. Note
both
Parish
Road
Fund
Programs
were not
cut this
year.
20-903
PARISH
TRANSPORTATION
EXPENDITURES:
|
Parish Road Program (per R.S. 48:751-756 A (1)) |
$ 34,000,000 |
|
Parish Road Program (per R.S. 48:751-756 A (3)) |
$ 6,000,000 |
|
Mass Transit Program (per R.S. 48:756 B-E) |
$ 4,962,500 |
|
Off-system Roads and Bridges Match Program
|
$ 3,000,000 |
|
TOTAL EXPENDITURES |
$ 47,962,500 |
Program Description: Provides funding to all parishes for roads systems maintenance. Funds distributed on population-based formula as well as on mileage-based formula.
SUMMARY
OF
FINANCIAL
DISCLOSURE
LAWS AS
AMENDED
THROUGH
THE 2008
REGULAR
SESSIONThe Police Jury Assn has updated its Summary of the Financial Disclosure Laws by Tier, incorporating the changes from the 2008 Regular Session. The significant changes were 1. Establishment of June 30th as the final day to resign to avoid disclosure for 2008; and 2. the creation of Tier 2.1 which includes virtually all State boards and commissions and many local boards and commissions. To view the updated summary click here.
The deadline of June 30th for officials to avoid the financial disclosure provisions of recently enacted ethics laws has passed. Reports from the Secretary of State indicate over 100 appointed officials and a few elected officials have resigned. The Secretary of State anticipates the receipt of additional filings that would relate back to the 30th. Of most note among the resignations are 10 of the 11 members of the LA Board of Ethics and the Administrator of the LA Board of Ethics, who had been on the job for only about seven months. It may take several months for the Board and Administrator to be replaced. Among the impending tasks for the Board is the development and promulgation of the new financial disclosure forms called for by Act 1 of the 2008 1ES and Act 472 of the 2008 RS.
The PJAL has fielded a number of calls from local officials trying to understand the impact of the recently adopted changes. We will continue to provide information and assistance on this and other issues.
SB 718 (Act 472) by Sen. Martiny (click to view) significantly changes the public servants that will be required to provide financial disclosure. The primary change is the inclusion of any board or commission that expends, invests or distributes more than $10,000 annually. The following are excluded from the definition of board and commission:
(i) The governing authority of a parish.
(ii) Any board or commission or like entity that governs a political subdivision created by a single parish governing authority of a parish with a population of two hundred thousand or less, or any subdistrict of such a political subdivision.
iii) The governing authority of a municipality.
(iv) Any board or commission or like entity that governs a political subdivision created by a single municipal governing authority of a municipality with a population of twenty-five thousand or less, or any subdistrict of such a political subdivision.
(v) A board of directors of a private nonprofit corporation that is not specifically created by law.
For the remainder of the boards and commissions, the disclosure will be at a newly created Tier 2.1, which is more extensive than the Tier 3 reporting and less extensive than the Tier 2 reporting, as created by Act 1 of the 1st Extraordinary Session of 2008.
FOR A REVIEW OF THE INFORMATION REQUIRED UNDER TIER 2.1 click here
|
Financial Disclosure Bill Becomes Law |
|
Governor Jindal signed HB 1 into law as Act 1 of the 2008 1ES. The bill makes sweeping expansions to the requirements that state and local officials are required to disclosure personal, family and business financial information. Click here for a summary of the new law. |
Act 162 of the 2008 Regular Session provides that the financial disclosure provisions enacted in the 1st Special Session and by Act 472 (SB 718 - boards and commissions) of the Regular Session will only apply to officials in office on or after July 1, 2008. That means that officials who resign prior to July 1st will NOT be subject to the new financial disclosure reporting for the 2008 calendar year.
Act 1 of the 1st Special Session requires reporting from all elected officials whose election districts have a population in excess of 5000. This is not the population of the official's parish or city, but rather the individual district from which that official is elected.
Act 472 of the Regular Session created Tier 2.1, a new level of financial disclosure reporting, that is applicable to many state and local boards and commissions. See Below
The LA
Legislature
adjourned
the 2008
Regular
Session
on
Monday,
June
23rd.
A full
legislative
report
will be
issued
by the
end of
the
week,
but in
summary
the PJAL
enjoyed
a good
session.
SOme
highlights
include:
HB
420
- which
proposes
a
constitutional
amendment
that, if
adopted
will
significantly
increase
the
parish
distribution
of state
mineral
severance
taxes.
HB's
1336 &
1337
- which
provide
exceptions
to the
Code of
Ethics
for
certain
local
matters.
HB
584
& 668
- which
provide
for the
creation
of trust
funds
for
handling
post-employment
benfits
under
the GASB
45
rules.
HB
748
- which
provides
a cap
for the
costs of
inmate
medical
care.
Thanks to all of our members for reacting to legislative alerts and to the many friends of local government in the Legislature.
The House passed SB 807 by a large margin. The House did adopt two sets of amendments but voted to end consideration of amendments with seven amendments still to be considered. One of the two amendments adopted was Amendment #5290 (click to view) which may impede access to PEG channels. The other amendment was Amendment #5264 (click to view) which improves the indemnification provisions of the bill. Amendments to remove the exemption for pre-1974 Home Rule Charter governments and to clarify that Lafayette would be exempt were rejected. As the bill was amended by the House it will next go back to the Senate for concurrence or rejection of the House amendments. If the Senate votes to concur, the bill then goes to the Governor for his signature. If the Senate votes to reject the bill will go to a conference committee where it could be re-written by a committee of three House members and three Senators.
This week the House will likely vote on SB 807 by Sen. Duplessis. This is the legislation that strips local governments of cable franchise authority, leaving that authority to the State. The legislation provides loopholes for providers to evade franchise fees. Under the bill AT&T will have virtually unfettered access to local rights-of-way under much more favorable terms than existing franchise agreements. Finally, the bill would allow existing cable operators to VOID existing local franchise agreements. We are hopeful that the House will consider a number of amendments to the legislation that will lessen the adverse impact on local government. PLEASE URGE YOUR REPRESENTATIVE TO OPPOSE SB 807 or AMEND SB 807 to address local government concerns.
The 2008 Regular Session of the Louisiana Legislature must end by 6:00pm on June 23rd. The Senate Finance Committee is working on the State Operating Budget and both the House and Senate are becoming more involved with bills that have already passed through the other chamber. HB 668 is the first bill in the PJAL package to complete the legislative process and is now awaiting the Governor's signature.
The PJAL included two bills in our legislative package to address the issues created by the relatively recent GASB 45 ruling. This ruling mandates that governments, such as parishes, must account for anticipated post-employment benefits, outside of pensions, for retired employees as a liability. Such benefits include health insurance benefits that a parish would offer to pay on behalf of its retired former employees. To off-set this liability on their balance sheet, a parish needs an asset to avoid being out-of-balance. HB's 584 and 668 have both passed both the House and the Senate. HB 668 will now go to the Governor for his signature while HB 584 is pending House concurrence in some minor Senate amendments. HB 584 is a propsoed COnstitutional amendment that will be on the ballot at same time as the 2008 Presidential election.
The House Commerce Committee passed SB 807 by Sen. Duplessis. This is the legislation that strips local governments of cable franchise authority, leaving that authority to the State. The legislation provides loopholes for providers to evade franchise fees. Under the bill AT&T will have virtually unfettered access to local rights-of-way under much more favorable terms than existing franchise agreements. Finally, the bill would allow existing cable operators to VOID existing local franchise agreements. The bill will next be heard on the House Floor. URGE YOUR REPRESENTATIVE TO OPPOSE SB 807 or AMEND SB 807 to address local government concerns.
HB 419 by Rep. Edwards PASSED the House Floor on Monday on a vote of 95-1. This bill would increase the maximum salary for a police juror to $1600/month and would allow for up to an additional $400/month to the police jury president. HB 419 will now moved to the Senate.
HB 436 by Rep. Arnold proposed to limit a local government's authority to roll-forward millages rates to a single 90 day period in the year millage rates rolled down after reassessment. This would have place the bodies in the position of roll-forward to the maximum rate allowable or lose, forever, the ability to roll-forward millages rates. We opposed the legislation on the grounds that it would force parishes to make quick decisions without sufficient time for consideration of the need to roll-forward or the appropriate level of roll-forward. We noted that it could result in many jurisdictions rolling millage rates forward unnecessarily out of fear of losing the roll-forward authority should conditions change in the future.
The vote on Thursday, May 9th was 48 YEAS and 48 NAYS. A bill needs 53 votes to pass. While this is a victory for local government, the victory may be short-lived. The measure is subject to being voted on again on reconsideration. The list showing how legislators voted is here. A "Nay" vote was a vote against the bill and for local government. Each parish should check and see how its delegation voted and thank those who voted with local government and urge those who voted for the bill not to support it if it comes back up for a vote.