A major agreement between the House of Representatives and the Senate last week paved the way for finalizing the state’s FY 2010 budget and moving our attention to the plan for FY 2011.  Negotiators from the two chambers agreed on SB 2495 restoring $82 million to the current FY 2010 budget, with almost half going to K-12 public education. Gov. Haley Barbour has cut $458.5 million from what was nearly a $6 billion General Fund budget when fiscal year ‘FY 10 started. He made the cuts in reaction to slipping state revenues, which have been below previous estimates for 18 months.

             The compromise agreed upon would restore over $37.1 million to K-12 education, including $2 million for National Board Certified teachers, $4 million to mental health, $1.7 million to public safety and $16 million to the Department of Corrections. Another part of the deal includes Barbour adding an extra $4 million to community and junior colleges from his discretionary fund. Much of the budget restoration funds will come from the Health-Care Expendable Fund, and from smaller sources such as $14 million in Medicaid “clawback” funds. None will come from the so-called “Rainy Day Fund” which has $230 million on balance, the Health-Care Trust Fund ($220 million balance) and Katrina Fund ($128 million.)

             Our latest report on state tax collections shows that for February, revenue was $33 million less than projections. For the fiscal year thus far – July through February – we are $224.3 million below estimates.  Sales taxes are the major deficiency -- $105.1 million below projections, and individual income taxes are down $94 million. Tobacco and alcohol tax collections are $15 million off, and gaming is $8.7 million down. Corporate income taxes and insurance premium taxes are up slightly, but not enough to provide much of an offset.

Other bills passed last week included:

* House Bill 1456 will require any pathologist performing autopsies to be certified by the American Board of Pathology and deemed qualified by the Department of Public Safety.

* House Bill 1070 will allow the Department of Wildlife, Fisheries and Parks to issue a special hunting permit to children under the age of 18, who are suffering life threatening illnesses.

* House Bill 1047 will create a task force to seek solutions to teacher shortages.

* House Bill 113 seeks to have governmental agencies charge only actual costs for reproduction of public records requested by citizens. It also seeks to reduce from 14 working days to seven, the waiting period for such information.

* House Bill 1057 would create a Transit Task Force to study the statewide transportation system and infrastructure. The committee will look at current and future needs.

* House Bill 170 will give county Boards of Supervisors the authority to regulate strip clubs.

I continue to be very proud to serve as your state senator.  If I can ever be of assistance to you do not hesitate to call me at 228.270.0001 or email me at dbaria@senate.ms.gov.

 

The governor maintained his unblemished veto record last week as the Senate failed to override his veto once again.  On a 30-21 mostly partisan vote, 21 Republican Senators voted to do as the governor asked and uphold his veto of a compromise bill that was set to return $79 Million previously cut from the 2010 budget.  Despite the full court press from educators back home, 21 Senators responded once again to Governor Barbour’s marching orders.  “Lame Duck” is not the proper name for this term-limited governor.  Amazingly, Governor Barbour continues to be able to reign in wayward Senators when they attempt to exercise independent legislative action. However, this had to be an excruciating decision for the 21 Senators as they will now have to explain why they felt it would be a bad idea to restore over $58 Million of the cuts to the 2010 education budget.

 

Two big bond bills were also passed last week.  Our passage of Senate Bill 3184 will provide $59.5 million for repairs and upgrades at universities and the IHL Education and Research Center, $70.9 million for repairs to state agency buildings, including $25 million to the Department of Public Safety for constructing and equipping a new headquarters in Rankin County and for equipping a substation in Meridian. The bond money will also fix the roof and ventilation system on Veterans Homes in Collins, Jackson and Oxford.

 

Senate Bill 3181, provides $80 million for repair or replacement of 95 of the worst bridges located on state maintained highways. It includes $20 million for the repair of state aid roads. The bill will also spend $90 million on Vision 21 High Priority Projects, and also:

 

* Finances a $90 million upgrade of 10 miles of road near the Toyota plant in Blue Springs, which has yet to open.

* Places $20 million in the Local System Bridge Replacement and Rehabilitation Program.

 

The Senate also passed Senate Bill 3189 creating incentives for a $132 million solar panel production company that would employ 500 workers within five years at an average annual wage of $34,000.  Though the Mississippi Development Authority is still working with the company whose location has yet to be announced, the legislature decided to loan $50 million to the county in which it locates to assist with infrastructure costs.  The announcement that such a company will locate in Mississippi dovetails nicely with my tax credit bill awaiting approval in the House, which will provide incentives for the use of solar power. 

 

One of the more controversial matters debated last week was Senate Bill 3027.  This bill seeks to gradually eliminate the state’s inventory tax, which is seen as an impediment to business recruitment. Though the state would lose $140 Million in tax revenue, it is thought that the bill would make Mississippi a more attractive place for businesses to locate.  However, while I agree generally with the idea, I voted against the bill because of the timing.  I simply cannot explain how we can take $140 Million out of the revenue stream when we are cutting jobs in education, mental health services, and law enforcement, and discussing releasing felons from jails.

 

In other important Senate action: Senate Bill 2327 would give a $1,000 tax credit to first time home buyers in an effort to increase home ownership; and Senate Bill 3178 would allow the Mississippi Development Authority to administer a loan program specifically designed to help small businesses. Borrowers who qualified under the program would pay 1-percent above the Prime Interest Rate.

The current fiscal year, FY 2010, has four months remaining before it ends on June 30, and state agencies are dealing with reductions by Gov. Barbour. But much of the work last week was on FY 2011, beginning July 1, as the Senate Appropriations Committee considered and approved new state agency budgets. We will spend almost $6 billion of state funds on FY 2011, with the federal government and other sources paying the rest of the tab over $10 billion. The House and Senate will be reviewing the opposite’s work over the next few weeks.

 

Deadlines to finalize legislative work in several areas will be drawing tighter as the 90-day session moves past the midway mark. This week (Feb. 22-26) is the actual deadline to pass or reject the FY 2011 appropriation and revenue bills on the House floor. Then, on March 2, we face a deadline to pass or reject general bills that originated in the Senate. By then, the session will have only month to go before completion. Sine die adjournment is planned for Saturday, April 3.

              

The appropriation and revenue bills we took up last week are subject to change before the session ends, especially in tight economic times when state tax revenue collections are at their lowest ebb in many years. No better example of change is the current FY 2010 budget, which has already undergone four reductions by Gov. Barbour, with K-12 public education taking a massive hit of about $195 million which has left school district officials statewide scrambling to meet their obligations.

An effort to ease some of the burden these cuts have placed on school districts created an interesting dynamic at the Capitol last week. There was a vote to concur with the House on SB 2688 and restore $79 million in cuts to the 2010 budget that the governor had made earlier. The bill passed in the House with an overwhelming bipartisan vote.  Though Governor Barbour was opposed to the deal and worked hard to have the Senate send the bill to conference where he could exercise more control, the Senate approved the $79 million restoration with 4 Republicans voting with 22 Democrats for a 26-22 margin. The bill will restore $51 million to education, $8 million to health care $6 million to public safety and $2 million to veterans programs.  Despite the compromise nature of the proposal and the fact that it has bipartisan support in both the House and Senate, the governor says he intends to veto the bill.  If he does exercise his veto power, the bill will return to the Senate for an override vote where the governor will need only 18 Senators to vote with him to sustain his veto.  Senators who voted against the compromise are hearing from educators back home and everyone is gearing up for the veto challenge to come sometime this week. 

The Senate also passed Senate Bill 2444 last week.  It authorizes a 50-percent tax credit for energy efficient wind or solar energy systems costing up to $25,000 when installed at  homes or businesses.  There are many smaller tax credits available under the bill designed to encourage energy conservation and stimulate a green economy.  This was a bill that I had introduced for 3 years and it looks like it may actually make it to the governor this year.

I have been very busy with commendatory resolutions this session as local schools have enjoyed great athletic success.  So far, I have requested resolutions honoring The SSC Rockachaws State Championship Football Team and State Championship Boys Soccer Team, the OLA State Championship Girls Cross Country Team, State Championship Girls Volleyball Team and State Championship Girls Soccer Team.  Our community should be very proud of these accomplishments.  With both Bay High and SSC in the boys basketball playoffs, there may be even more to come! 

I continue to be very proud to serve as your state senator.  If I can ever be of assistance to you do not hesitate to call me at 228.270.0001 or email me at dbaria@senate.ms.gov.

 

Last week the Senate restored $25.6 million of the cuts made by Governor Barbour to the Mississippi Adequate Education Program.  The move was agreed to after the Senate in a rare bipartisan vote decided the day before to restore $45 million of the cuts.  Apparently, overnight the governor made some senators aware of his displeasure with their cooperative vote and they reconsidered.  Nevertheless, the restoration of $26 million of the $195 million cut by the governor is a positive move.

In another interesting turnaround the Senate supported an amendment that I offered to require insurance adjusters licensed in Mississippi to receive training on the Unfair Claims Settlement Practices Act, national model legislation proposed by the National Association of Insurance Commissioners.  The model legislation, supported by insurance commissioners nationwide, outlines the appropriate manner to adjust a claim and how to avoid trampling on the rights of the insured.  The amendment passed overwhelmingly one day, and a Motion to Reconsider the vote was entered the next.  In between, the insurance industry and its lobbyists went to work to convince my Senate colleagues that it would not be good to teach Mississippi insurance adjusters what adjusters in 48 other states are bound to follow.  Stay tuned to see how this matter plays out this week.

The Senate also passed Senate Bill 2816, a performance based budgeting plan that in the future will require agencies to achieve greater efficiency and maximize agency performance.  The bill will save money beginning in 2012, by making agencies justify their annual budget requests. The PEER Committee is now charged with conducting annual audits to gauge agency efficiency.

Senate Bill 2623 will make the charge of animal cruelty a felony as it relates to the gross mistreatment or torture of dogs and cats.  We were careful to exempt most farming, animal husbandry and slaughterhouse practices from the possibility of prosecution under this law, and it is limited to only domestic dogs or cats.

Other bills that passed the Senate this week include:

• Senate Bill 2393 that will allow the self-administration of prescription asthma/anaphylaxis medication by students who suffer from asthma, which would amount to some children being able to attend school on a more regular basis. A plan signed by a physician for administering the medicines will be on file at the school and administrators would be trained at administering the medicines at the expense of the American Lung Association of Mississippi.
• Senate Bill 2213 will allow parents to invest in college savings plans in states other than Mississippi.
• Senate Bill 2753 would let citizens stretch out payments to the Mississippi Tax Commission for up to 60 months.
• Senate Bill 2383 would lower from .10 to .08, the blood alcohol level of boat operators in an effort to keep the waterways safe.
• Senate Bill 2058 would give prosecutors the option of seeking life without parole sentences for the rape or sexual battery of a child under the age of 12.
• Senate Bill 2015, the anti-bullying bill, would encourage school districts by July 2011, to adopt tough policies that prohibit bullying.
• Senate Bill 2215 would require persons under age 16, to wear a safety helmet and obtain a certificate to show they have undergone a safe driver course when using an ATV on public lands.
• Senate Bill 3088 would force certain rural residents to obtain an address from their local 911 office so their property can be located in the event of an emergency.
• Senate Bill 2039 sets forth tougher requirements for applicants to the position of state trooper.
• Senate Bill 2373 would strengthen the Open Meetings Law and increase the maximum fine to $1,000 for those found to be in violation of the law.
• Senate Bill 2625 adds terrorism to the list of capital offenses.
• Senate Bill 2297 would encourage school districts to have their students participate in the honoring of uniformed veterans or the families of fallen military personnel on Veterans Day, November 11^th.

I continue to be very proud to serve as your state senator.  If I can ever be of assistance to you do not hesitate to call me at 228.270.0001 or email me at dbaria@senate.ms.gov.

 

This past week at the Capitol was very interesting.  The governor ordered additional budget cuts, the House passed a bill to restore most of them through use of a portion several reserve funds, and the Mississippi Supreme Court ruled that the Judicial branch is a co-equal branch of government that cannot be cut further by the governor.  The basis of the court's ruling is that the Mississippi Constitution mandates that the Courts remain open and perform certain constitutionally mandated functions.  The members of the Supreme Court felt that if the governor is allowed to make further cuts to the Judicial branch, the Judicial branch would not be able to meet its constitutional mandate.  Watch this issue closely as it will dictate how the rest of the budget falls into place.

Last week was also productive in that several important bills were passed out of committee and are now on the Senate calendar awaiting floor debate.  My bill to conform the blood alcohol content for boating under the influence to that required for driving under the influence (.08) passed Judiciary A unanimously.  The Open Meetings reform bill has passed both committees to which it was assigned and will get a floor vote soon.  There were also two bills passed out of Judiciary B that saw supporters and opponents square off at the Capitol.  The animal cruelty bill was passed making it a felony to torture a dog or cat, and a bill to require a prescription for pseudoephedrine products passed as well.  Opponents of the animal cruelty bill voiced concerns that the law may be interpreted broadly to include chickens, hogs or cattle killed by slaughterhouses.  However, the language of the bill specifically exempts these processes as well as many others.  The opponents of the pseudoephedrine bill are basically the drug companies that manufacture products with pseudoephedrine and those chain pharmacies that sell them.  Their argument against the bill is that it will be more difficult to obtain these products.  Pseudoephedrine is a necessary component of crystal methamphetimine production.  While it will become more difficult to obtain products with pseudoephedrine, the benefit gained by the new law in terms of decreasing the production of crystal meth greatly outweighs the inconvenience on legitimate pseudoephedrine users.  Both of these bills will be debated on the Senate floor soon.

I have once again filed several bills seeking to provide some much needed insurance reforms, and they have all been assigned to the Senate Insurance Committee.  I am not optimistic that any will be taken up by the committee prior to Tuesday's deadline for action.  The Sun-Herald ran an article on this issue in today's edition in which I was quoted as saying “People should be outraged that we can’t get simple, pro-consumer reforms done in our state Capitol, especially after what we went through following Katrina. People should be up in arms. They should be filling up the e-mail boxes and mailboxes of their senators and representatives. They should be calling, e-mailing and writing the Insurance Commissioner. They should be raising hell about this.” 

You can read the entire Sun-Herald article discussing the problem here:

http://www.sunherald.com/pageone/story/1910485.html

There are truly some interesting things happening at your Capitol that bear watching. You can tune in and watch the live debate by going to the legislative website and clicking on the link.  You can also call or email me at 228.270.0001 or dbaria@senate.ms.gov if you have questions or comments.  I continue to proudly serve as your State Senator.

You may have heard about the series of articles appearing in the Sun-Herald  this week concerning openess (or lack thereof) in Mississippi government.  Creating more transparency in government was one of my goals when I ran for office and has been one of the issues that I have focused on in the two years that I have served in the legislature.  I have had the good fortune to have served on the Senate Ethics Committee under Chairman Merle Flowers of Desoto County.  The members of the Ethics committee share a resolve to improve access to the workings of all government agencies. In the 2008 Session we passed the Omnibus Ethics bill that was signed by Governor Barbour.  In the 2009 Session the Ethics Committee passed a lobbyist reform bill to eliminate the payment of lobbyists by state agencies with taxpayer funds.  However, the bill was defeated in the Senate.

 

This year during the time between the end of the last special session and the beginning of the 2010 Session, the Ethics sub-committee on Governmental Accountability, which I chair, was tasked with researching the need for reform to the Open Meetings law.  The result of our investigation was a finding that the penalties for violations of the act are de minimus, and are not borne by the person violating the law.  After seeking input from interested parties, the sub-committee recommended a bill to increase the amount of the fine for violations of the Open Meetings Act and to provide that the fine is to be paid by the person who has violated the law.  Currently, the fine is only $100 and may be paid by the agency from its budget. 

 

The members of the sub-committee were joined by the chairman as co-authors of SB 2373 (http://billstatus.ls.state.ms.us/documents/2010/pdf/SB/2300-2399/SB2373IN.pdf).  This bill proposes the changes set forth above to the amount of the fine and to the manner that it should be paid.  The bill also allows a party successfully enforcing the provisions of the Open Meetings Act to recover costs incurred in serving the public interest.  I am happy to report that the bill was passed by the full Ethics Committee last Thursday.  The bill is also referred to Senate Judiciary Committee B and must pass that committee as well before the full Senate will have an opportunity to debate and vote on it.  I am optimistic that this important legislation will pass not only Judiciary B, but also the full Senate.

 

In the upcoming week the legislature will continue to debate the budgetary issues of how much to cut, how much to take from the rainy day fund and other reserve funds, and which agencies should be spared from further knifing.  I continue to believe that everything should be open to discussion and that there should be no sacred cows.  However, I do not want to see deeper cuts to education and do not think it a good idea to close mental health centers. Additionally, a colleague in the Senate proposed a bill this week that would cut the salary of legislators.  I can support a cut in my pay, but I want to see all state elected officials take a cut of the same percentage if we decide to go that route.  Under the dire circumstances in which we find ourselves no one should be immune.
 

I continue to be very proud to serve as your state senator.  If I can ever be of assistance to you do not hesitate to call me at 228.270.0001 or email me at dbaria@senate.ms.gov.

My tax credit bill may actually have a chance this year. 

"Sen. David Baria, D-Bay St. Louis, said his bill to create a tax incentive for the use of solar, wind, geothermal or other energy-efficient physical plants for home and business owners may be gathering momentum this year, thanks to the personal attention of a committee chairman friendly to the bill."

Here is a link to the article in the Jackson Free Press:

http://www.jacksonfreepress.com/index.php/site/comments/wheres_the_money/

The third week of the 2010 legislative session begins today with not much but gloom and doom in the forecast.  Governor Barbour will provide his State-of-the-State address tonight and no one should expect to find it uplifting.  Revenues continue to fall below the projections and another round of cuts to the existing 2009 budget will be necessary.  In fact, the Senate voted last week to give the governor the authority to make cuts up to 10% with further legislative approval.  We expect to hear tonight how the additional 5% cuts will affect the 2009 budget.  Prospects for the 2010 budget do not present a pretty picture either.  The revenue shortfall is nearly $275 Million.  There is over $300 Million in the Rainy Day fund, but spending it all this year may not be wise as we don't know what the future will hold.  Thus, there will likely be significant cuts to agency funding in the 2010 budget as well.

Despite the darkness of the hour, the bright side of this dark cloud may be that we can now make drastic changes to the manner in which we create a budget in Mississippi and enforce performance metrics to ensure that taxpayers get their money's worth out of government.  For too long the legislature has ignored recommendations of expert economists as to the need for budget reform.  Perhaps now, in this climate in which everything must be on the table, we can make some progress on budget reforms.

While the budget will dominate the session, there are other measures that can be taken to make Mississippi a better place to live and work.  I will try once again to make changes to insurance law to eliminate the anti-concurrent causation exclusion in home owners policies and to enforce appropriate adjustment and payment of claims by insurance companies.  I have filed again a bill to create a tax incentive for the use of solar, wind, geothermal or other energy efficient physical plants for home and business owners.  This year, I have been joined by the committee chairman as a co-author of the bill and feel that we can get it passed.  I have also filed for the first time a bill to allow for net metering so that those who produce excess electricity can sell it back to the power company.  These common sense measures will promote the wise use of resources and will help stimulate a new "green" economy.

On the crime front, I have filed a bill to take on the scourge of crystal meth.  My bill will make pseudoephedrine available only via presecription.  This may create a bit of a harship on cold and allergy sufferers, but will greatly reduce the prevelance of meth labs in our state.  I believe that the toll that this drug is taking on our families justifies such extreme measures.  Also, at the request of the Mississippi Deputy Sheriff's Association I have filed a bill that would make it a crime to intimidate a law enforcement officer or his/her family.  This law currently exists in Louisiana and will serve to deter this abhorrent behavior.

I will try to provide regular updates during the session as in years past.  However, should you need to check on the status of a particular measure before the legislature try the legislative website at billstatus.ls.state.ms.us.  To see the other bills that I have filed just click on "Bill Status" "Measure by Senate Author", then click on my name.  Thank you for allowing me to represent you at the Capitol in Jackson.  I continue to be proud to serve as your Senator.

 FOR IMMEDIATE RELEASE: November 12 2009

 

 CONTACT:   Pat Trowles, MS Senate Committee Assistant

                                    601 359 3237

                                    ptrowles@senate.ms.gov

 

JOINT LEGISLATIVE HEARING

 

Monday, November 16, 2009                      9:00AM

 

 

Room 216        New Capitol

 

 

Senator Deborah Dawkins, Senator David Baria, and Representative Dirk Dedeaux will conduct a hearing Monday, November 16, 2009 in Room 216 of Mississippi's New Capitol at 400 High Street, Jackson MS. Baria, Dawkins and Dedeaux will be joined by other state legislators and invited guests for a special hearing on sustainable building, green tax credits and net metering opportunities in the State of Mississippi. All media representatives are invited to attend this special hearing to join in learning more about the opportunities and challenges surrounding sustainable building and energy efficiency.  Invited guests include industry representatives and experts in the fields of architecture, planning, sustainable building construction, green tax credits and power grid management.

 

Please note hearing is scheduled to begin at 9AM and continue throughout the day. For more information feel free to contact Ms Pat Trowles - contact information above.

Faced with another year of declining revenue and a very lean budget, the legislature will be asked to look at consolidating schools.  Here is an article discussing the issue.

http://www.nems360.com/printer_friendly/4049749

The primary question for me is whether consolidation will really save money?  If so, then we need to consider it unless consolidation would result in providing an inferior educational experience for Mississippi schoolchildren.  Your comments on this issue are welcomed.