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Clancy Dubos: Newton's 1st law of bad government

Sen. Bret Allain 985-850-2738 allainb@legis.la.gov

Sir Isaac Newton reduced much of what we know about the universe to handful of precise mathematical formulas. Good thing Sir Isaac isn’t around today to try to make sense of the Louisiana Legislature. He’d surely go mad.
Or perhaps, upon noticing the extravagance with which hordes of unctuous lobbyists are pushing a bill to regulate web-based transportation network companies like Uber and Lyft, he might be moved to formulate his First Law of Bad Government: A proposed law’s awfulness is geometrically proportional to the number of lobbyists hired to secure its passage.
That is surely the case with House Bill 527 by Rep. Kenny Havard, R-Jackson, which might otherwise be called the No Lobbyist Left Behind Bill.
HB 527 is no doubt the handiwork of Uber and Lyft, which have promoted similar bills in other states. The two companies are international outfits that use smartphone apps to arrange what would otherwise be taxicab rides in a growing number of cities. Unlike taxicabs, however, Uber and Lyft want to avoid local regulation at all costs — and they are sparing no expense toward that end.
In the current Louisiana legislative session, Uber and Lyft have hired so many registered schmoozers to pass Havard’s bill that it’s difficult to navigate the legislative halls without bumping into one in the act of puckering up. And make no mistake, HB 527 is a very bad bill.
At face value, there’s nothing wrong with the state regulating TNCs. As their lobbyists are quick to note, it would level the playing field statewide for mobile app-based outfits like Uber and Lyft. But Havard’s bill goes much further than that — and in the wrong direction.
There are at least four measures by which HB 527 is an awful bill:
First, its regulatory provisions are a sham. HB 527 places TNC regulatory responsibility with the state Department of Agriculture and Forestry rather than the Louisiana Public Service Commission. That’s not a misprint. The state’s experts on eggs, milk, cotton and pine trees would regulate internet-based cab services in Louisiana’s urban areas. To justify that charade, the bill magically declares TNCs not to be taxis, for-hire vehicles, or “common carriers,” even though they perform the same function as taxis and limos. (Despite such legislative legerdemain, rest assured you WILL be charged if you use Uber or Lyft.) Worse yet, most of the Ag Department’s regulatory efforts would be collecting a puny fee from Uber and Lyft, whose main goal quite obviously is to escape already established — and far more thorough — regulations in New Orleans, Baton Rouge and elsewhere.
Second, the promised treasure trove of fees generated by state regulation is an illusion. New Orleans, which generates by far the most TNC traffic, has a home rule charter and a taxicab ordinance that predates the 1974 Constitution. That makes it highly possible, if not likely, that HB 527 will either be declared unconstitutional or inapplicable to the Big Easy.
Third, HB 527 poses a very real danger to public safety. It contains no provisions for drug testing or fingerprinting TNC drivers. In fact, at the urging of Uber and Lyft’s lobbyists, House members rejected amendments calling for such provisions. The bill does require criminal background checks — every two years. Meanwhile, two Baton Rouge Uber drivers were recently busted for DWI — one of them with a passenger on board.
Fourth, HB 527 makes a mockery of accountability and transparency. The bill mentions annual audits, but Uber and Lyft — not the state — would hire auditors to check their numbers. After those “audits” are done, local governments could inspect but not get copies of them. The legislative auditor, whose job it is to audit all entities that receive public funds, likewise could not get copies of the audits. Worst of all, the audit findings and virtually all other information about the TNCs and their operations would be specifically exempted from the Louisiana Public Records Act, which means the public would have no way of knowing if something is amiss.
If you think these provisions are bad, think about this: The original version of HB 527 was worse. Much worse.
Sadly, HB 527 has been grossly under-covered by the state’s political media. That has played into the TNCs’ hands, but hopefully that will soon change. And hopefully, voters will take notice of just how dangerous HB 527 is and tell their senators (who now have the bill before them) to vote against it.
Don’t let Uber and Lyft’s phalanx of lobbyists deter you from speaking out, because the one thing no amount of money or lobbying can overcome is a mob of angry constituents.
Newton might even call that his First Law of Good Government.
Clancy Dubos is the political editor of Gambit of New Orleans.

Blighted property worries council

The Morgan City Council voiced concerns Tuesday over the long process for getting rid of blighted property.
Anthony Governale, the city’s planning and zoning director, mainly discussed the blight property of 711 Duke St.
Governale said the property is located on three different parcels with eight property owners.
Mayor Frank “Boo” Grizzaffi said that all efforts must be exhausted to contact the owners before the city can take action.
Grizzaffi also said Morgan City has a lot of blighted properties, which could cause the expense of legal action to become too high of a cost for the city.
“You got to pick and choose because we’ll go broke trying to fight these things,” said Grizzaffi.
Governale recommended that legal counsel be contacted so that the process of taking care of the property can be expedited. The council agreed to give him that permission. Governale said the city is currently working on nine blighted properties.
Also Tuesday, the council approved two financial committee recommendations that Councilman James Fontenot presented.
The first recommendation was to allocate $12,026 to purchase billing and receivable software module for City Hall and the auditorium. The module would be an extension to the current software in place but make the current software up-to-date.
The second recommendation was to allocate $9,329 to purchase a hydraulic breaker attachment to be used by Public Works.
During the meeting, the council approved four resolutions and adopted one ordinance. The council adopted an ordinance approving millage rates for the 2017-18 fiscal year. The millage rate is 14.75.
The first resolution approved Tuesday calls for the city to continue in an updated citizen participation plan for the Louisiana Community Development Block Grant Program. The citizen participation plan emphasizes that citizens, especially those of low income, will be notified of public hearings through the use of the city’s official journal.
Also, the city will hold at least one annual performance hearing. Citizens will be able to request an interpreter with proper notice, technical assistance, and access to all key documents.
The council approved in a separate resolution that The Daily Review was to be the official journal for the city for the next fiscal year in which legal publications and notices from the city will be placed in the paper for the public.
Council members also approved resolutions to grant a certificate of substantial completion for the Front Street Wharf to Larry Doiron LLC and renew a lease agreement with G&J Land and Marine.

Award for safety

Submitted Photo
Ben Bordelon, Bollinger Shipyards president and CEO, accepts the Shipbuilders Council of America Award for Excellence in Safety from Matthew Paxton, left, council president, and Richard McCreary, right, council chairman. Bollinger was presented the award for the 12th consecutive year May 18 during SCA’s Annual General Membership Meeting in Washington, D.C. This award is given to member companies with the lowest total recordable incident rates based on a quarterly injury and illness survey conducted by the association.

Wheel House for May 24

VACATION BIBLE
School at Mt. Pilgrim Baptist Church, 113 Federal Ave., Morgan City, 6-8 p.m. June 5-9. For info call Charlain Nicholas, 985-519-4745.

Proposed law would toughen TOPS standards

BATON ROUGE – High school freshmen may need to spend an extra hour or two a week studying if a proposed law that passed, 53-32, through the House Tuesday evening makes it through the Senate and is signed into law.
House Bill 117 by Rep. Franklin Foil, R-Baton Rouge, would raise the popular, merit-based Taylor Opportunity Program for Students’ (TOPS) minimum GPA requirement from a 2.5 to a 2.75, effective in 2021.
Foil’s legislation would also raise the minimum GPA required for a TOPS Performance Award from a 3.0 to a 3.25 and for a TOPS Honors Award from a 3.0 to a 3.5. It would keep the TOPS-Tech Award at its current 2.5 GPA criteria.
“Setting the bar a little bit higher is a reasonable approach,” Foil argued
Foil said the bill’s fiscal note has a high end savings of $7.5 million, meaning there probably would not be as many students receiving the scholarship as there is now.
However, a number of Democratic legislators brought forth concerns the bill would produce unintended consequences.
Rep. Joseph Bouie, D-New Orleans, noted that if the bill were to go into effect now, nearly 2,000 students would not receive TOPS. Rep. Kenny Cox, D-Natchitoches, added that disadvantaged and minority communities already struggle to get into college.
Cox later offered an unsuccessful amendment to lower the TOPS-Tech ACT score requirement to a 1.5.
Rep. Barbara Norton, D-Shreveport, asked Foil for the racial breakdown of current TOPS recipients, which he said he did not have. She argued TOPS originated as a scholarship program for underprivileged students and its legacy should be honored.
“Changing the GPA is not fair to everybody,” Norton said. “It’s not fair.”
One of the few Democrats in support of the legislation, Rep. Edward C. “Ted” James, D-Baton Rouge, countered, saying Foil’s bill would keep TOPS sustainable. He said if it were up to him, he would raise the GPA requirement to a 3.0.
“When we create a culture of low expectations, you get what you’re asking for,” James said.
Foil argued the scholarship program selects its recipients based on GPA and ACT score, so that is what he tapped into with his legislation.
Rep. Gary Carter, D-New Orleans, also offered an amendment that would have allocated any savings in TOPS money from the GPA requirement increase to the needs-based Louisiana Go Grant program, which ultimately failed after Foil eventually withdrew his support.

Learning Louisiana

Submitted Photo
Students at Berwick Elementary celebrated Louisiana Week last week. Students were treated to songs on the French accordion and various harmonicas, played by Lester Waguespack Sr. Waguespack, 87, is a self-taught musician who has been playing music since high school. Pictured with Waguespack are two of his grandchildren, Emma and Sophie Matte.

Police: Woman had meth in presence of 2 children

A 23-year-old Morgan City woman was charged with possession of methamphetamine after police caught her with the drug in the presence of two children during a Tuesday traffic stop, Morgan City Police Chief James Blair said in a news release.
—Kayla M. Aucoin, 23, of Cross Road in Bayou Vista, was arrested at 2:20 p.m. Tuesday on charges of improper lane usage, possession of methamphetamine and illegal use of controlled dangerous substance in the presence of persons under age 17, and on a St. Mary Parish Sheriff’s Office warrant for failure to comply with the conditions of drug court.
A patrol officer in the area of La. 182 and Roderick Street observed a vehicle weaving in the left lane of travel and stopped the vehicle. The driver was identified as Aucoin. The officer also observed two small children inside the vehicle.
Aucoin also held active warrants for the 16th Judicial District Court. Police located suspected methamphetamine on Aucoin, and she was jailed.
Blair reported responding to 38 calls and reported the following arrests:
—Patrick D. Guarisco, 53, of Front Street in Morgan City, was arrested at 7:58 p.m. Tuesday on charges of possession of synthetic marijuana, possession of marijuana and violation of uniform controlled dangerous substance law-drug-free zone.
Officers responded to a home on Front Street in regard to a disturbance. Upon arriving, a witness told officers that Guarisco was under the influence of some type of narcotic and was causing a disturbance.
Police made contact with Guarisco inside the home. Guarisco gave officers consent to search him and officers located suspected synthetic marijuana and marijuana. Guarisco’s home is within 2,000 feet of an elementary school, which is a drug-free zone. Guarisco was jailed.
—Michael S. Cairns, of La. 662 near Morgan City, was arrested at 10:30 p.m. Tuesday on charges of possession of synthetic marijuana, possession of drug paraphernalia and violation of uniform controlled dangerous substance law-drug free zone.
Narcotics division investigators conducted a traffic stop on Utah Street. Cairns was a passenger in the vehicle. Cairns gave officers consent to search his person and officers located suspected synthetic marijuana and items used to smoke illegal narcotics.
The area of the traffic stop was within 2,000 feet of an elementary school, which is a drug-free zone. Cairns was jailed.
—Eric T. Gaskins, 36, of Friendship Alley in Amelia, was arrested at 8:24 p.m. Tuesday on charges of no driver’s license, no headlights and on a warrant for failure to pay probation fees.
An officer in the area of La. 182 near 11th Street observed a vehicle with improper lighting and stopped the vehicle. The driver was identified as Gaskins, who did not have a valid driver’s license. Gaskins also held an outstanding warrant for city court. Gaskins was jailed.
—Aaron M. Dinger, 24, of Jupiter Street in Bayou Vista, was arrested at 9 p.m. Tuesday on a warrant for two counts of failure to pay fines.
Dinger was transported from the Berwick Police Department to the Morgan City Police Department for a city court warrant. Dinger was jailed.
—Tirrel J. Jones, 21, of Joey Street in Patterson, was arrested at 11:37 p.m. Tuesday on charges of tail lights required and driving under suspension.
An officer in the area of La. 182 near Cottonwood Street observed a vehicle with improper lighting and stopped the vehicle. The driver was identified as Jones, who had a suspended driver’s license. Jones was jailed.
Patterson Police Chief Patrick LaSalle reported the following arrest:
—Crystal Martin, 33, of Sandi Drive in Patterson, was arrested at 2:15 a.m. Wednesday on a charge of simple criminal damage to property. Martin posted $2,000 bail.
St. Mary Parish Sheriff Mark Hebert reported responding to 39 complaints in the parish and reported no arrests in east St. Mary Parish.
Berwick Police Chief James Richard reported no arrests.

Students take a downtown tour

Submitted Photos
Jaci Arceneaux’s second-grade class at Holy Cross Elementary School was treated to the first Main Street Tour of downtown Morgan City. The field trip was coordinated by the City’s Main Street Director Elizabeth Portero and began with a trip to Mayor Frank “Boo” Grizzaffi’s office, above. The students toured the downtown Fire Department (middle picture), the Rig Museum, and the historic home housing the offices of the Louisiana Shrimp and Petroleum Festival. After a walk on the new city dock (bottom picture) and floodwall, they had lunch in the park hosted by The Latin Corner Restaurant, and ended their trip with a sweet treat from Sweet and Simple Cupcake Shop.

Patterson Garden Club installs officers

Patterson Garden Club elected and installed officers at its May 16 meeting. The meeting was held at the home of Iris Roy. Business included discussion of plans for the June District 3 meeting, and sponsoring the Patterson Healthcare Center birthday party in July. President Juanita Bienvenu installed the new officers with the theme of flowers, presenting each officer with a burlap wall hanging imprinted with flowers. New officers for 2017-19 are, from left, President Evelyn Estay, Vice President Ginger Griffin, Treasurer Iris Roy and Secretary Sharon Larson, with Bienvenu.

Atchafalaya now projected to crest near 7.3 feet May 30

As of 7 a.m. Wednesday, the Atchafalaya River stage was at 6.59 feet in Morgan City and forecasted to crest near 7.3 feet May 30, according to the National Weather Service. Morgan City has three floodgates closed, including one that remains closed all the time, and officials expect to close one more gate by Ecoserv on Second Street due to the projected crest. Berwick planned to close gates at Pacific and Gus streets Wednesday after closing the First Street gate Tuesday.

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