Legislative Update 14

April 20, 2008

Dear Friends,

The 2008 regular legislative session ended on Friday without a funding solution for Medicaid.  That means House and Senate members will be returning to Jackson some time before July, the beginning of the 2009 fiscal year, for a special session.  Governor Barbour will determine the time of the special session and the issues to be considered.

Before beginning this week’s report, I want to congratulate Pastor James Twiner and the congregation of the First United Methodist Church of Pascagoula.  Yesterday, the church worshipped in its sanctuary for the first time since Hurricane Katrina.  The renovated facility is impressive but even more remarkable is the spirit and determination of the church members.  It is very good to see this important church back on its feet.

REPORT FOR THE WEEK ENDING APRIL 18, 2008

Why I Voted Against the Utility Rate Bill

By now, many of you have read that Senate Bill 2793, the utility rate bill, passed the House and Senate and is awaiting the Governor’s signature.

The bill would allow utility companies to raise rates to help pay for new power plants.  The final bill was drafted after the select committee, appointed to study the bill, conducted numerous hearings over a three day period.

While the House version of the bill was an improvement over the original draft, I was ultimately unconvinced that it contained enough safeguards for the ratepayers.  The final version does allow the Public Service Commission (“PSC”) to consider whether utility companies should reimburse ratepayers when the companies fail to complete new plants but this mechanism is not automatic.  Also, the bill does not allow for sufficient review of “prudency” determinations by the PSC, a wrinkle in the law which would make reimbursement of ratepayers highly unlikely.

In addition to these issues, I am concerned that the PSC has underutilized a law that has been in effect since 1983 which requires the Commission to publicize and keep current a prospectus of the long-range energy needs of Mississippians.  Because this has not been done, the PSC cannot say with any degree of certainty if the energy need projections being offered by Entergy and Mississippi Power are accurate.

Finally, I opposed this bill because I do not understand why highly profitable companies cannot move forward under their own steam.  Given the current economy, I believe Mississippi Power and Entergy are better situated to foot the bill of new power plants than average ratepayers.  

Select Committee to Study House Bill 520

Last week, Speaker of the House Billy McCoy appointed a select committee to study the proposals set out by House Bill 520, a bill that would create criminal penalties for individuals who counsel victims of abuse who are considering abortion.  Members of the House welcomed this announcement and are hopeful that the committee will produce one or more good products by the time the 2009 session begins.

Salt Dome Update: DOE to Consider Gulf Instead of Pas River

In a meeting with members of the House Marine Resources Committee and the Gulf Coast Delegation, representatives of the United State Department of Energy said the Department will consider using the Gulf of Mexico as a water source for mining the Richton Salt Dome as opposed to the Pascagoula or Leaf Rivers.  This is the position that was urged on the Department in a House resolution passed earlier this year.

The Pascagoula River is a tremendous natural resource and warrants protection from any process that would impact its water level or harm its wildlife.  If you would like to let the Department of Energy know how you feel about protecting the Pascagoula River, please write: Donald Silawsky; Office of Petroleum Reserves (FE-47); U.S. Department of Energy; 1000 Independence Ave, SW; Washington, D.C. 20585-0301.  The time for public comment on this important issue will end on April 29.

Access to Justice Commission Hearing

On Friday, I was part of a listening panel which heard stories from lawyers, clients and interest groups regarding the lack of legal representation for Mississippi’s poor.  A group called the Legal Services Corporation does much of the heavy lifting when it comes to representation of the poor in our state.  They are assisted by the Mississippi Center for Justice, the Mississippi Volunteer Lawyers Project and numerous private attorneys.  Among the more startling statistics to come out of our hearing was that there are 20,000 Mississippians living in poverty for every Legal Services attorney.

The Hearing was hosted by Congressman Gene Taylor and moderated by Supreme Court Justice Jess Dickinson.  Other panelists included County Court Judge Larry Wilson, Representative Frances Fredericks, Sun Herald Publisher Ricky Matthews, Mississippi Bar President Robert R. Bailess and immediate past Bar President Joy Phillips.

The Access to Justice Commission will conduct hearings in each congressional district and ultimately make recommendations to the legislature.   

2008 Session: The Good, the Bad and the Ugly

The Mississippi legislature made some important strides during the 2008 regular session.  The Mississippi Adequate Education Program was funded for the second consecutive year at $2.2 billion with additional funds being added for dyslexia screenings and an innovative high school re-design program which will train students for the workplace.  The legislature also passed measures that will hold failing school districts accountable including placing school board members on notice when their district underperforms.   Lawmakers also passed the most comprehensive illegal immigration reform package in our state’s history.  Further, a bill was passed which will provide a more solid funding source for our state’s Trauma Care System by encouraging all Mississippi hospitals to become “players” in the system.  We extended the time homes destroyed by Hurricane Katrina can be considered for homestead exemption purposes, appropriated more funds for the state’s wind-storm reinsurance program and created incentives for our state’s tourism and film industries.  We also passed a bill to decrease the amount veterans must pay for nursing home services.  We also passed a bill that increases penalties for judicial bribery and obstruction of justice.  Finally, the legislature enacted a measure that will overhaul the ethics laws relating to public officials.

While I agree with Governor Barbour’s assessment that the legislature has developed a “responsible, conservative budget,” I remain disappointed that we did not do more to reform our state’s laws dealing with the payment of insurance claims or cyber crime.  I also had hoped that we would be able to provide a teacher pay raise for all teachers, not just those with 25 years experience.  

As we conclude this year’s session, I encourage you to write or call with your ideas for future legislation.  The sooner we can draft bills and develop strategy, the more likely we are to be successful next time around.

How to Contact Me

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

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

Thank you for the opportunity to serve.

Brandon