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Legislature
adjourns at midnight By most accounts, Barbour and the Senate ended up getting more of what they wanted than McCoy and the House. House leadership put a lot of energy into enacting new taxes and fees. When it became clear Governor Barbour and the Senate wouldn’t support new taxes, and they wouldn’t support writing a bad check, the House had to cry uncle. Reportedly, budget negotiations took a turn toward the savings proposals supported by the Governor Barbour and the Senate since the tax and fee proposals pushed by Speaker McCoy would not have even covered the House’s spending plans. Barbour and the Senate didn’t get all they wanted either. However, Barbour did seem happy with the outcome and was conciliatory toward the legislature for their work this session. Much of Barbour’s Operation Streamline proposal to “right size” state government was thwarted by the House. In his budget proposal, Barbour proposed cutting the $709 million in one-time-money the state spent last year in half in Fiscal Year 05. Under the budget that passed, the state will spend about $410 million in one-time-money, meaning Barbour will have to settle for a third instead of half.
The Senate and Governor Barbour have also been strong advocates of voter ID. After a lot of wrangling in the general session, the House passed a version which exempted anyone born before 1940 and expunged the records of non-violent felons – which effectively would give them back the voting rights that were taken when they were convicted of a felony. The House and Senate couldn’t reach a compromise in conference on the issue of exempting people born before 1940. Governor Barbour has said he won’t accept a voter ID bill with exemptions. The House and Senate passed conflicting voter ID bills again Wednesday in the special session. The House wants voter ID limited to younger voters who didn’t live through the intimidation many blacks experienced at the polls before Civil Rights. The more conservative Senate and Governor Barbour are balking at the limitation. We’ll cover the voter ID issue in the next report. Right now, the tort reform battle going on at the capitol is the most interesting part of the special session, so we’re focusing on it in this report. Governor Barbour and the Senate have marched in lock-step on the issue. Both want more tort reform. The House has been reluctant to adopt proposals from Governor Barbour and the Senate. House Judiciary A Chairman Ed Blackmon (D) has been the House’s chief skeptic on the need for tort reform. Blackmon is unapologetic about the millions he has made off Mississippi legal system. On Wednesday when the special session convened, Blackmon drew notice from tort reform advocates when he showed up at the capitol driving his Bentley, an automobile that is priced well into six figures. Other than Speaker McCoy (D), Blackmon has more power on the issue than anyone in the House by virtue of his committee chairmanship. The Senate acted quickly Wednesday to pass tort reform legislation by a vote of 31-16. The legislation, authored by Senate Judiciary A Chairman Charlie Ross (R), is the same language the Senate adopted in the regular session earlier this year. Most of the first day’s fireworks happened on the other side of the capitol where the House leadership is fighting Rep. Jeff Smith’s tort reform bill that is sponsored or co-sponsored by 60 Representatives (1 shy of a clear majority). The House convened and then temporarily adjourned so Blackmon’s Judiciary A committee could work on a bill to report to the floor. The bill Blackmon eventually reported to the floor was one he labeled “consumer-friendly.” His bill, House Bill 2, expanded the Medical Malpractice Availability Plan and requires recall notices to be published in newspapers. When Blackmon’s bill was reported to the House floor, the schism in the House over tort reform was exposed. Stay with us on this. It’s long and sometimes complicated, but also enlightening on the direction of the Mississippi House of Representatives. First up was Blackmon’s Amendment 1 to remove fees he had placed in his House Bill 2. Legislation containing new fees requires a 3/5ths vote for passage. By placing the fees in his original bill, Blackmon was hedging his bets. If he wasn’t happy with changes made to his bill in committee, the 3/5ths vote would have been an impossible hurdle for tort reform proponents to jump if they were going to pass the bill. Once Blackmon’s bill made it to the floor in a form acceptable to him, he offered an amendment removing the fees so the bill would only need a simple majority to pass. Blackmon’s Amendment 1 was adopted 61-60. Amendment 2, a medical malpractice review panel proposal, was ruled out of order by Speaker Billy McCoy. Rep. Jim Smith (D) offered Amendment 3. The amendment would have struck all the language from Blackmon’s bill and replaced it with the language from Rep. Jim Simpson’s (R) and Rep. Jeff Smith’s legislation. Their language is similar to the tort reform legislation passed by the Senate. Speaker McCoy ruled the amendment out of order. Rep. Blackmon’s House Bill 2 contained a provision that would have allowed convicted felons to serve on juries. Under Blackmon’s language, prisoners in Parchman could literally receive a summons to serve on juries. Rep. Cecil Brown (D) offered Amendment 4 to water down Blackmon’s proposal. Rep. Mark Baker (R) of Rankin County offered a substitute amendment that was tougher – no criminals on juries period. Baker’s substitute was approved 75 – 46. Forty-six legislators actually voted Wednesday night to allow criminals to serve on juries. In the interest of full disclosure, we’ll tell you who they are:
The next sideshow was Amendment 5, offered by Rep. Jamie Franks (D). His amendment to roll back insurance rates to 2001 prices failed 52-69. One legislator, who apparently thought Franks’ amendment absurd, asked Franks if he was going to require cereal producers to roll back their prices to 2001 levels too. After Franks’ amendment was considered, Rep. Danny Guice (R) asked the Speaker why members who were not present votes were being counted. All 121 (normally there are 122 members, but the resignation of Bobby Moody has left the chamber one member short) members of the legislature had their votes recorded on Franks amendment, but it was clear to Guice that some were not present. When McCoy initially ignored Guice’s inquiry, Rep. Bill Denny (R) of Jackson jumped into the fray be raising a point of order about House Rule 26, which requires members to be present to cast votes. According to sources present, Speaker McCoy turned red-faced with anger, saying it is a terrible two-edged sword. McCoy said Rule 26 would be strictly carried out from that point forward. After McCoy’s ruling, recorded votes went from no absences to 6 absences. Reps. George Flaggs (D), Alyce Clark (D), Bryant Clark (D), Linda Coleman (D), Wille Perkins (D), Tyronne Ellis (D) we all not recorded as voting when House bill 2 eventually went to a vote for final passage. According to other legislators, Rep. Phillip West (D), who was declared late Wednesday as the winner of the Democratic primary of mayor in Natchez, were not in the chamber for early votes but did show up later in the evening. Rep. Tommy Reynolds (D) of Charleston offered Amendment 6 creating a medical review panel for medical malpractice cases. Reynolds’ amendment was defeated on a voice vote. At this point in the game, Rep. Jim Ellington (R) of Raymond realized his side may have an advantage now that Rule 26 was being enforced. Ellington proposed a motion to reconsider Amendment 1, Blackmon’s amendment stripping fees from his bill. Ellington’s motion to reconsider carried the day on a 60 – 57 vote. Though it passed earlier in the evening when Rule 26 (remember, this is the one requiring legislators to be present to cast a vote) wasn’t being enforced, Amendment 1 failed by a vote of 56-60. The fees were back in the bill so House Bill 2 would need a 3/5ths vote to pass. McCoy seethed again about Rule 26 enforcement as the House conservatives flexed some new-found muscles. Rep. Gary Staples (R) made a motion to reconsider Amendment 6, which had failed earlier on a voice vote. The House moved on a 71-44 vote to reconsider the amendment creating a medical review panel to judge medical malpractice cases. When the amendment was put back on the table, it was adopted 84-32. Late in the evening, the House Bill 2 came up for final passage. Reps. Jim Simpson and Jeff Smith, authors of a tort reform bill similar to the Senate’s, asked members to vote against House Bill 2. Simpson said the House could find compromise, but wasn’t in House Bill 2. Smith said there was another vehicle available (his own bill) so members should vote no. Blackmon implored members to vote yes. He said he’s struggled to get this bill out of committee and that members better vote yes because he wasn’t getting anything else out of committee. Blackmon said the debate was all politics and a “red vote” (a no vote) would take the house into next week and beyond. When the House scoreboard finally lit up on final passage, the conservatives (pro-tort reformers) had won 52–63. Blackmon’s bill going down to defeat meant the substance of the legislative wrangling of the evening was much ado about nothing. It is highly telling though about the mood of the House and the deep schism that has developed in the chamber. House conservatives were able to defeat the leadership of the House on several votes critical to both sides. On tort reform, House leadership holds the levers of power but the House conservatives seem to hold the votes. How this plays out in the special session will be interesting indeed.
Taxpayers aren’t the only ones who stand to lose on the cost of a long session. Legislators stand to feel the pinch too. Each year legislators are paid $10,000 in salary for the time they spend in session. The payment is spread out over three periods, but it doesn’t matter how long they are in session. In most years it’s 90 days. After an election year, it’s normally 120. Blackmon implored members to vote yes. He said he’d struggled to get this bill out of committee and that members better vote yes because he wasn’t getting anything else out of the committee. Blackmon said the debate was all politics and a “red vote” (a no vote) would take the house into next week and beyond The legislature was already in session for 9 days during May. If the special session lasts more than 6 days, they will have spent a majority of the month in session – hence no $1,500 expense checks for the month of May. If it drags on as long as the 83 day special session in 2002, they may stand to miss several months of expense checks. Don’t feel too sorry for them though. Legislators get a per diem (around $86 a day) to cover expenses when they’re in Jackson, and they get a generous 37.5 cents per mile for travel to the capitol and back home.
According to McCoy, cooperation between Barbour and the Senate “is an absolute encroachment on the constitutional authority given by our founding fathers. Why should we meet for the next four years if we've got a governor and the Senate working lockstep?” McCoy’s complaint strikes the Magnolia Report as down-right odd. We hardly think our “founding fathers” would be troubled by cooperation between the Governor and the Senate. Seems to us that McCoy is feeling a little embattled since he’s the odd man out. Barbour and Lt. Gov. Amy Tuck won majorities of the state’s voters last year. Barbour carried 78 House districts and Tuck carried 84 of the 122. What about McCoy’s popular mandate? He did get an overwhelming majority of the vote for Speaker, but much of his vote was a function of members jumping on board after it became clear McCoy had a majority of the vote for Speaker. After a session’s worth of mounting frustration by rank-and-file members of the House, a Speaker’s election would be much closer today. And consider this. After House redistricting in 2002, the playing field was tilted against Republicans by gerrymandering districts. GOP leaning voters were packed into super-Republican districts, while Democrat leaners where spread out to make up majorities in more districts. Republican districts also tend to contain more voters; Democrat districts fewer. House districts typically have populations of about 25,000. Figures indicate “Republican” districts deviate on the upside, diluting their voting strength statewide. “Democrat” districts tend to deviate on the downside, leaving Democrat leaning voters available to bolster strength in neighboring districts. Redistricting, a record number of Republicans and a strong-armed Speaker have created a volatile mix in the House of Representatives. Barbour and Tuck both won clear popular mandates. McCoy’s is murky. Yet he hasn’t hesitated to rule with an iron fist or claim popular sentiment. McCoy’s reluctance to let the House vote on tort reform is a prime example, and it has much of the House ready to revolt. Tort reform was one of the most contentious issues at the capitol this session. Sixty-one House members, exactly half of the body, signed onto tort reform legislation that was essentially the same as the version the Senate passed. Yet, even though half of the House supported the bill, McCoy wouldn’t let it come to the floor for a vote. It seems to us that if anyone is playing unfairly, it’s McCoy.
During
most of the 90’s, judges friendly to plaintiffs’ attorneys
held the balance of power on the state’s high court. The business
and medical community – the pro-tort reform crowd – made headway
in elections two years ago. The State Supreme Court is now considered
to lean their way, but only narrowly. Elections this year could tip the
balance back to the plaintiffs’ bar, or they could solidify the
gains made by the tort reformers. With millions of dollars at stake, count
on each side to pull out all the stops to come out ahead. District
1 Central Position 2 Trying to unseat Graves will be Vicksburg lawyer Ceola James, Rankin County Circuit Court Judge Samac Richardson and Hinds County Justice Court Judge Bill Skinner. James is considered an afterthought in the race. Richardson is the favorite, but Skinner has a reputation as a tireless worker who might get into a run-off with Graves if Richardson doesn’t catch fire. Graves
is almost assured of making it to the run-off, but he’ll have his
work cut out for him once the field is pared to two. District
3 Northern Position 3 Bambach, who ran unsuccessfully last year for District Attorney against longtime DA Forrest Allgood, is closely tied to sitting Justice Chuck Easley. In fact, according to state GOP sources, it was Easley who filed Bambach’s qualifying papers for DA at Republican headquarters. Yep, that’s right, Bambach ran as a Republican. Nevertheless, Republican donors will by and large line up behind Carlson, who is viewed as much more business-friendly than Bambach.
When Speaker Ford announced his retirement, Moody jumped in the race to succeed him and was an early favorite. When McCoy won the speakership, he all but banished Moody to the back bench – hence Moody’s premature departure from the State House. Sixteen candidates have lined up to succeed Moody in House District 43, which is dominated by Winston County (it also includes parts of Noxubee and Kemper Counties). The early favorite is Gale Gregory, a farmer and former educator from Winston County. The election will be held on June 1, with a run-off on June 15th if no candidate receives a majority. Candidates in special elections do not run under a party label. Qualified
candidates:
The President had an edge on Kerry at SEC schools ($59,350 to $28,400) and outdistanced his Democratic rival $77,135 to $37,613 among Big 12 Conference schools. One-third of the members of the Big 12 are in Bush’s home state of Texas. The Globe’s story got the Magnolia Report to thinking about which Presidential candidates were the favorites at Mississippi’s colleges and universities. Bush has wide lead on Kerry in fundraising totals statewide. Among all reportable contributors (those giving over $200), Bush has raked in $519,970 from Magnolia State donors to $186,020 for Kerry. Bush holds an advantage over Kerry among Mississippi academics, but by a much smaller margin – $9,000 to $4,370. Notably, Bush’s contributions all come from private colleges – Mississippi College and Millsaps. Kerry’s contributors are dominated by educators at the state’s public universities except for a lone $250 contribution from a Rust College professor. One-time Democratic candidate Senator Bob Graham (FL) was the beneficiary of $2,000 in contributions from an employee of the University of Mississippi. Howard Dean pulled in $1,700 in total contributions from three different members of the Ole Miss faculty and a lone employee of USM. Al Sharpton received $250 from a dean at JSU, and John Edwards got $250 from a law school professor at UM. While reviewing presidential disclosure reports, the Magnolia Report also found that several elected officials have already made their preferences known for the nation’s chief executive. Governor Haley Barbour and Treasurer Tate Reeves both contributed to Bush – $2,000 from Barbour in January and $1,000 from Reeves last December. State Rep. Tommy Reynolds gave John Kerry $2,000 in March and State Rep. Bobby Moak gave John Edwards $500 last November.
Clayton Stanley, former deputy-campaign manager for Governor Haley Barbour, was elected Secretary of the State Republican Party. Clayton is also chairman of the Alcorn County Republican Party. Hattiesburg GOP activist Sue Bush was elected Vice-Chair of the Mississippi Republican Party this past weekend at the state convention.
Clarion Ledger - Sunday Morning with "The Magnolia Report" South Now - The Southern Media Landscape
“If
I were a dictator, I would draw the hide off your faces to do more.” "I
mean, they've got more engineers than dill's got pickles," "Really,
they're not preventing 'no new taxes.' They're just passing the buck to
the local government," "I
don't think they're necessarily out of ideas, but they're not advancing
ideas...They are running short on fuel in terms of ideas that turn people
on. Leadership is fine, but leadership to do what?" “The Governor
called us to this dance, and I’d rather have an ugly date than no
date.” "They
dream that one day they'll be able to vote on their favorite bill,"
he said. "They dream that it will be like when they were kids and
they smelled the rosebushes and lollipops. But they're not kids any more
and it ain't gonna happen."
FLOP:
Clarion Ledger Editorial anti-BRAC 5/17 The Base Realignment and Closure Commission (BRAC) strikes fear in military communities around the state. Columbus and Meridian, two cities that have faced the BRAC chopping block before, are especially sensitive to the issue. With another round of BRAC closings looming, Congressman Gene Taylor provided a ray of hope when he announced the House Armed Services Committee approved an amendment to delay the next round of base closings for two years. Taylor’s good news was dashed when the Senate narrowly defeated an attempt by Senator Trent Lott to delay BRAC for two years. The Clarion Ledger opined on BRAC in a May 10th editorial, leading off with “Efficiency, value should be priorities.” In their May 10th editorial, they wrote, “Contrary to what some in Congress are saying, closing military bases is not a negative activity; rather it should serve to make the U.S. military more efficient. The key is a system of determining value and efficiency while keeping politics at bay.” One week later, on May 17th, the Ledger weighed-in on BRAC again. This time they seemed to have changed 180 degrees on their opinion. In the May 17th editorial they decided it is “Best to put all decisions on hold,” writing “Mississippi's military bases are sound investments...They should not be facing uncertainty again. With the elections looming, base closings discussions certainly should be nixed.”
Alderman Bob Massengill handilly defeated two other candidates to win Brookhaven's mayors post. The office was left vacant when Mayor Bill Godold resigned. Massengill will be sworn in sometime before June 1st.
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