2012 Legislative Session: How do you measure success?

In an article titled "Key leaders in the four-month 2012 Legislative Session," the Clarion Ledger listed notable Republicans and Democrats and their 2012 accomplishments.  It's a telling piece that provides some insight into the differences between the agendas of the state's largest parties and how these parties measure "success."  Here are some highlights:

Republicans

• Gov. Phil Bryant: "revising workers' compensation law to protect employers"
• Speaker Philip Gunn: "Supported passage of conservative legislative priorities, like the Sunshine Act to limit the [A]ttorney [G]eneral's power in hiring outside counsel, led House to pass illegal immigration enforcement bill and several anti-abortion measures"
• Rep. Andy Gipson (R-Braxton): "Championed anti-abortion legislation, such as the [new] law requiring abortion physicians obtain hospital admitting privileges, passed bills enforcing illegal immigration and outlawing abortion where a fetal heartbeat is detectable"

Democrats

• Bobby Moak (D-Bogue Chitto): "Worked to unite House Democrats in opposition to" charter school bill and workers' compensation bill.
• Rep. Steve Holland (D-Plantersville): "Worked to restore level funding for Medicaid and public health, including securing $2.5 million for the Ryan White HIV/AIDS federal matching dollars"
• Rep. Cecil Brown (D-Jackson): "Worked to restore level funding for public education and successfully proposed removing immigration provision requiring schools to check status of students"

If we were to extrapolate party platform planks based on the 2012 session, it might go something like this: 

Workers' compensation

• Republicans support a workers' compensation program that protects employers by limiting payments to injured Mississippi workers. 
• Democrats support a workers' compensation program that pays injured Mississippi workers fairly.

Attorney General

• Republicans disagree with the constitutional provisions outlining the office of the attorney general and believe that this officer should be more restricted than any other statewide office and only act where all agencies and the legislature agree 
• Democrats agree with the constitution and believe it is important for Mississippi to have a chief lawyer

Illegal immigration

• Republicans do not believe that there can be too many laws referencing illegal immigration
• Democrats passed a law that placed restrictions on employers who create an incentive to break the law and do not support unfunded mandates that create unwarranted problems for law enforcement and municipalities in the name of fighting illegal immigration

Budget

• At the beginning of the session, Republicans, through Governor Bryant's budget recommendation, proposed $70 million cuts to public education and significant cuts to public health.
• Democrats offered an alternative budget that provided level funding for education and public health and were largely successful in making these changes during the budgeting process. 

The Senate roll call vote on the Workers Compensation Destruction Bill

Here's how they voted yesterday on the bill that's about as bad for Mississippians as it can get:  http://billstatus.ls.state.ms.us/2012/pdf/votes/senate/1190017.pdf

Senate passes Workers Compensation Destruction Bill 31-15

That's it. The Workers Compensation Destruction Bill is off to Gov. Phil Bryant (R) for his signature.

This post is brought to you by Travis Tritt.  The Lord better have mercy on the working man, because the Republicans they just elected to the run the state sure as hell don't.


 

Workers Compensation Destruction Bill now being debated by the Senate

As outlined earlier here today, the Workers Compensation Destruction Bill is a nightmare for Mississippians who have to work for a living. The Republican-run House didn't care. The Senate now has the bill before them. We'll see if they care about working Mississippians. (My money's not on "no", but on "of course not".)

Mississippians beware: House votes to pass Workers Compensation Destruction Bill

Hired business and insurance lobbyists look on
as House passes their Workers Compensation Destruction Bill

Under the watchful eye of business and insurance lobbyists, the House passed the Workers Compensation Destruction Bill this morning 63-56.

Here's how they voted:

House Vote on SB2576 Conf Rep

Republicans on verge of buying Mississippi another lawsuit with Workers Compensation Destruction Act

That nonsense factory formerly known as the Mississippi Legislature is about to crank out another winner.

Upon further review of the SB 2576 conference report, I can safely say that the changes made by the conferees were cosmetic and did little to take Mississippi workers out of the cross-hairs.  The bill still removes the Supreme Court's requirment that the Workers' Compensation Act be liberally construed to achieve its beneficent purpose.  The bill still changes the definition of the primary purpose of the Workers' Compensation Law.  The bill still limits an employee's ability to select a physician of his or her choice.  The bill still fails to define what will constitute voluntary benefits subject to attorneys' fees.  The drug testing provisions have gotten worse with the removal of a probable cause requirement.  The bill still allows an employer to be immune from any action of defamation of character regardless of how extreme the employer's conduct is towards their employee.  Contrary to previous Supreme Court rulings, the bill still provides for apportionment regardless of whether the pre-existing condition had an occupational effect.  And finally, the bill still harms workers through its change of the very purpose of the Act and the manner in which the Act is to be construed.

Soon, you will likely be able to add this to the growing list of bills sure to draw a court challenge once the legislative session is over. 

Mississippi Bar comes out against Workers Compensation Destruction Bill

Last week, the Board of Bar Commissioners for the Mississippi Bar voted to take a stance against the Workers Compensation Destruction Bill, SB 2576.  Here's the letter from Mississippi Bar President Hugh Keating to members of the Senate, where the bill sits awaiting a concurrence vote:

Strong work by the Bar here.

A closer look at the Republican war on Mississippi workers

This week, Republicans in the legislature will continue their offensive against Mississippi workers as Senate Bill 2576 returns home to the Senate.  The "Workers' Compensation Destruction Act," as it's known on these pages, hurts hard working Mississippians at a time when their job security and economic well-being are most at risk. 

Hammering workers in a bad economy is almost always bad political strategy but SB 2576 also fails as a matter of sound public policy for the following reasons:

• Current law already prevents intoxicated workers from receiving benefits;
• 80% of all workers age 40 and over have some pre-existing medical condition.  Under SB 2576, these pre-existing conditions can be used to reduce or deny workers compensation benefits even if the pre-existing condition has no effect on work performance;
• Every health insurance plan allows its members to get a second opinion from a doctor of their own choosing.  SB 2576 eliminates access to second opinions, and eliminates choice of doctors under certain circumstances;
• SB 2576 will provide little rate relief.  Mississippi already has one of the lowest workers' compensation rates in the country (rated 31st and 50th among 50 states);
• Mississippi currently has the lowest payment schedules for work-related injuries in the United States.  SB 2576 does very little to enhance benefits and will not bring Mississippi off of the bottom;
• The PEER Committee criticized the current workers' compensation system and suggested major changes to the Commission.  None of these proposed changes are addressed in SB 2576;
• The Chairman of the Workers' Compensation Commission recently described the system as "fair."  Reports indicating that he has changed his opinion and supports SB 2576 are false; and
• The Workers' Compensation section of the Mississippi Bar, composed of lawyers who represent employees and employers, opposes SB 2576. 

Republicans poised to take their legislative failures out on Mississippi workers

In an article titled "Experience cited in GOP setbacks," Clarion Ledger writers Jessica Bakeman and Cassandra Mickens charitably allow Republicans to credit inexperience as the cause of their legislative failures this session.  While I'd agree that our new Republican leaders have done a poor job of using the rules to their advantage and have looked discombobulated when handling major bills, I think their primary problem isn't something on-the-job training is going to solve. 

The lesson of this legislature is that all the election year talk of job creation and improving the bottom line for Mississippi families was artifice.  Rather than focusing on bread and butter economic issues, Republicans have made clear that their focus is on pushing a radical social agenda.

Thankfully, Republican overreaching has at least temporarily cost them a half-cocked charter school bill, Alabama-style immigration reform and compulsory transvaginal ultrasounds.  However, in an unfortunate turn of events, Republican leadership, rather than step back and reevaluate, has chosen to step into Mississippi workers with the "Workers Compensation Destruction Bill" .    

So let's recap: Republicans have shown no interest in job creation or economic recovery and have instead pushed a radical social agenda, the failure of which they are now taking out on Mississippi workers, the very people who will ultimately be the key to any economic recovery.  Any questions?  

Looks as though the House is going to take up a large amount of bills

The House calendar is jammed full today.  Rep. Gary Chism (R - Columbus), is likely still twisting arms on the Workers Compensation Destruction Bill, as he hasn't called it up yet.  The longer he waits, the more likely it is that he doesn't have the votes to pass it.

In never-ending insurance battle, Rep. Chism channels his inner Valvano

Regular readers know that Rep. Gary Chism (R-Columbus), your House Insurance Chairman, has spent the better part of the last 15 years pushing insurance products from the State Capitol.  His efforts to force Mississippians to buy auto insurance, a product he sells as an independent insurance agent, have been well documented here.  So it should come as no surprise that Chism again finds himself in the center of a bloody legislative fight involving . . . wait for it . . . an insurance product-- this time workers' compensation.

During Monday's floor fight in the Mississippi House, Rep. Chism made a motion to foreclose debate on Senate Bill 2576, a measure known around these parts as the "Workers Compensation Destruction Bill".  This maneuver marked the fourth of five floor votes Chism has lost on this subject this session.  Two of his other losses came on a bill he co-authored, House Bill 555.

Having watched an insurance salesman doggedly pursue bill after bill pertaining to the sale of insurance products at the State Capitol, it's hard to know whether to cry over self-dealing run amok or simply tip your hat to one of the best examples of shameless persistence you'll ever see.  It is nice, however, to have a contrast in Rep. Tom Miles (D-Forest), an independent insurance agent from Scott County.  While his colleague fights tooth and toenail for every bill bearing even a whiff of insurance profits, Rep. Miles has heeded House Rule 26 and prudently voted present on Senate Bill 2576 and its House companion.

Regardless of how this protracted battle plays out, it'll be interesting to see if Rep. Chism demonstrates the same determination for something that won't profit insurance companies and the people who sell their products like, I don't know, school kids or Mississippi's elderly.  I know, I say crazy things sometimes.

 

***BREAKING*** - Workers Compensation Destruction Bill laid on table subject to call

After the Motion to Reconsider the Workers Compensation Destruction Bill, Rep. Gary Chism (R - Columbus) moved to lay the bill on the table subject to call.  That motion passed 61-58.  That means that those in favor of the bill have time to work the switchers.

***BREAKING*** - Motion to Reconsider passes in House on Workers Compensation Destruction Bill

Motion to reconsider passes 60-58!!! Bill is back before the House!

All eyes on the House this afternoon

The House is set to take up the Motion to Reconsider SB 2576, the Workers Compensation Destruction Bill, when it returns to session this afternoon at 4 p.m.  In addition, the House also has the following items to deal with in short order:

The vote on the Workers Compensation Destruction Act

Here's the vote on the Workers Compensation Destruction Act.  The two sellouts were Rep. Jody Steverson (D - Ripley) and Rep. Bennett Malone (D - Carthage).

SB 2576 House Vote

***BREAKING*** - Workers Compensation Destruction Act passes House floor after votes flip

Well, there it is:  the Workers Compensation Destruction Act is now heading to conference, where 6 hand-picked legislators (3 House members chosen by Speaker Gunn, 3 Senators chosen by Lt. Gov. Reeves) will return a conference report which will be voted upon by the respective bodies in the last days of the session.

Given the fact that SB 2576 passed the Senate and now the House with only difference being the reverse repealer, you can look for the Workers Compensation Destruction Act to become law on July 1, 2012.

*UPDATE - Find out how they voted here.

Workers Compensation Destruction Act before the House

Workers Compensation Destruction Act before the House right now.  Rep. Mark Formby (R - Picayune) is arguing the bill now.  As of last night, the bill did not have enough votes for passage.  Watch live here.

Word underneath the Capitol dome is...

Word underneath the Capitol dome is that House Republicans pushing the Workers Compensation Destruction Act don't have enough votes to win the battle on the House floor.  With help from MASI, they've been pushing hard this week to get those votes, but have been unsuccessful thus far.

Reportedly, the Workers Compensation Destruction Act won't be called up today, but will instead be called up Thursday.

Looks like the workers compensation bill has been skipped for the day

It appears as though Rep. Gary Chism (R - Columbus) will not be calling the workers compensation bill up for a vote today.  That can only mean that he and MASI were not successful in twisting enough arms last night and today to get SB 2576 through the House floor.  The deadline to pass SB 2576 from the House is Tuesday, April 3rd.

***BREAKING*** - Workers Compensation legislation read the third time, may be debated tomorrow

The eyes of workers across the state are on the Capitol, waiting on the House to debate SB 2576, the twin brother of HB 555.  The language in SB 2576 is horrible for the working folks of Mississippi, and has been defeated once already by the House.  You can read about the language in SB 2576 here.

When called up on the calendar today, the bill was read for the third time rather than being debated.  That is a parliamentary move by proponents of the bill that signals they do not have the votes to pass the bill at this time. There will be some heavy leaning on House members tonight to get them to switch their votes from HB 555.  I'll be watching the vote tomorrow, and will let you know who, if anyone, switches.