Dear Chair Galvano,
As a member of the Florida House of Representatives and the House Rules Council, I am requesting your opinion on whether Speaker Sansom’s recent memo recusing himself from his duties for a temporary period, subject to his decision to reverse his recusal, is permitted under House Rules. Based upon my reading of our rules, it is not permitted and his action should be deemed either a nullity or a resignation necessitating an election for a replacement Speaker.
Rule 1.1(a)(1) requires the house to “choose a permanent presiding officer designated Speaker”. Rule 2.5 states that: ‘The Speaker pro tempore shall exercise the duties, powers, and prerogatives of the Speaker in the event of the Speaker’s death, illness, removal, or inability to act, until the speaker’s successor is elected.”
These two rules together mean that the pro tempore only exercises the Speaker’s duties temporarily, until a new Speaker is elected. Since there is no time limit specified, it should be inferred that it would be for a reasonable time. However, the Speaker pro tempore only assumes this role upon the Speaker’s death, illness, removal, or inability to act.
The first three requirements clearly do not apply. It might be argued that the Speaker has an inability to act, but I would argue that that is not the case. Instead, he might not believe he can be effective or he might want to devote more time to other endeavors, but he certainly has the ability. As used in the rule, the term “inability to act” appears to imply mental incapacity and the parallel of physical illness.
If it were the case that there was an inability to act, we might have interpretation issues regarding who decides whether the inability exists and who decides when the ability returns. The rule contemplates an election of a successor in any event and it clearly contemplates a permanent replacement. Further, since it says “in the event of” and not “during” such inability, this would mean that it would be unclear as to whether the substitution of power could even be temporary.
Regardless, these questions are moot because we do not have not have a case where Speaker Sansom has an inability to act. Perhaps our rules should allow the Speaker to suspend his or her duties for other reasons, but they do not.
Respectfully, I am asking for your opinion as Rules Chair as I believe the integrity of the Florida House of Representatives demands that we follow our rules.
Very truly yours,
Jim Waldman
State Representative, District 95
Saturday, January 31, 2009
Is Sansom's "Temporary" Resignation from Speaker Post Legal?
Rep. Jim Waldman doesn't think so. I don't either.
Sunday, January 11, 2009
It's Official, the Special Session Budget Is A Failure for Florida
The budget proposed by legislative Republicans is short-sighted, economically naive, immoral and the exact type of thinking that got us in the budget mess we are in now. Instead of doing the right thing and closing tax loopholes for the wealthy, Republicans are cutting essential services, mortgaging our future and raising fees (a.k.a. "taxes") on those less able to pay. They should be ashamed of themselves.
Overall, the "savings" in the new budget is $2.8 billion. The budget will be voted on Wednesday.
Among the key things on the chopping block:
$20 million from the Florida Forever program that buys up land for conservation purposes. This effectively shuts down the program for the year. I wonder how much of Florida's beauty will be destroyed in that year.
$480 million in education funding. This is shameful. We already have the lowest spending in the country on education and this will make it worse at a time when we also have the lowest graduation rate in the country. Like I said, mortgaging our future.
$321 million in construction projects, which could be good or bad, depending on what the projects are.
$437 million in other cuts. I'd like to see more details on these, although I have a feeling we aren't talking about good cuts here.
$1.5 million cut from the governor's office. Not a lot of money is saved here, but it's at least a good sign that the governor is going to face some of the same kinds of cuts everyone else is.
$100,000 by getting rid of a state aircraft. Okay, this one is definitely a good idea, too. It saves little money, but it is a good symbolic gesture.
One bright spot is nursing homes, which through a bit of budget creativity (why couldn't they have done this elsewhere?), will gain funding through cuts because they'll be able to qualify for more federal grants. I wonder how many other federal grants we didn't get because nobody tried to get them.
The other aspect of the "compromise" budget wherein there were really few compromises and few changes apart from what Republicans came to Tallahassee with is raids of various trust funds, some of which are permanent. Here's what they are taking:
$700 million from the Chiles fund, designed to pay for child welfare, child and elderly health care programs and anti-smoking efforts. The money is supposedly going to be paid back, unless there is an emergency. Who wants to bet that "emergency" has already been designated and this money won't be paid back? And since this fund pays for these programs based solely on the interest, this is a huge cut, taking out more than half the assets in the fund, meaning little is left to pay for these vital programs.
$190 million from a trust fund designed to provide low-income housing. I can't imagine that we'll have any need for low-income housing during a depression. At least we'll have good roads to drive on, thanks to Mike Fasano, who saved money for them (but not for any people, apparently).
$400 million from the Budget Stabilization Fund. This is a terrible idea considering the state of the economy and the almost universal projections of further economic decline. As Alex Sink said, this could leave us unable to meet our obligations down the road if things keep getting worse.
$381 million from other trust funds. Obviously, I'd have to know more about which trust funds to know if this is a good idea. Based on the rest of this crappy budget, I'm guessing these are bad things to be stealing money from.
And they propose increasing traffic fines, dropping the ability to get discounted fines for going to traffic school and taking away the power of judges to waive fines. Seems pretty clear that these increased taxes will disproportionately affect people at the bottom end of the economic spectrum -- increasing taxes on the poor.
Senate Democrats all voted against this proposed budget, except for waste of space Gary Siplin.
The problem looks to get worse, too, as the deficit for next year is projected to be over $4 billion. I can't imagine what they'll cut next time.
William March had this to add:
Weren't Crist and the Republicans supposed to bringing "plain language" to the government? Another broken promise. Add it to the lists of promises our Republican leaders have broken to the Florida public since they came to office. There are so many of them, no one will even notice this new one.
Overall, the "savings" in the new budget is $2.8 billion. The budget will be voted on Wednesday.
Among the key things on the chopping block:
$20 million from the Florida Forever program that buys up land for conservation purposes. This effectively shuts down the program for the year. I wonder how much of Florida's beauty will be destroyed in that year.
$480 million in education funding. This is shameful. We already have the lowest spending in the country on education and this will make it worse at a time when we also have the lowest graduation rate in the country. Like I said, mortgaging our future.
$321 million in construction projects, which could be good or bad, depending on what the projects are.
$437 million in other cuts. I'd like to see more details on these, although I have a feeling we aren't talking about good cuts here.
$1.5 million cut from the governor's office. Not a lot of money is saved here, but it's at least a good sign that the governor is going to face some of the same kinds of cuts everyone else is.
$100,000 by getting rid of a state aircraft. Okay, this one is definitely a good idea, too. It saves little money, but it is a good symbolic gesture.
One bright spot is nursing homes, which through a bit of budget creativity (why couldn't they have done this elsewhere?), will gain funding through cuts because they'll be able to qualify for more federal grants. I wonder how many other federal grants we didn't get because nobody tried to get them.
The other aspect of the "compromise" budget wherein there were really few compromises and few changes apart from what Republicans came to Tallahassee with is raids of various trust funds, some of which are permanent. Here's what they are taking:
$700 million from the Chiles fund, designed to pay for child welfare, child and elderly health care programs and anti-smoking efforts. The money is supposedly going to be paid back, unless there is an emergency. Who wants to bet that "emergency" has already been designated and this money won't be paid back? And since this fund pays for these programs based solely on the interest, this is a huge cut, taking out more than half the assets in the fund, meaning little is left to pay for these vital programs.
$190 million from a trust fund designed to provide low-income housing. I can't imagine that we'll have any need for low-income housing during a depression. At least we'll have good roads to drive on, thanks to Mike Fasano, who saved money for them (but not for any people, apparently).
$400 million from the Budget Stabilization Fund. This is a terrible idea considering the state of the economy and the almost universal projections of further economic decline. As Alex Sink said, this could leave us unable to meet our obligations down the road if things keep getting worse.
$381 million from other trust funds. Obviously, I'd have to know more about which trust funds to know if this is a good idea. Based on the rest of this crappy budget, I'm guessing these are bad things to be stealing money from.
And they propose increasing traffic fines, dropping the ability to get discounted fines for going to traffic school and taking away the power of judges to waive fines. Seems pretty clear that these increased taxes will disproportionately affect people at the bottom end of the economic spectrum -- increasing taxes on the poor.
Senate Democrats all voted against this proposed budget, except for waste of space Gary Siplin.
The problem looks to get worse, too, as the deficit for next year is projected to be over $4 billion. I can't imagine what they'll cut next time.
William March had this to add:
The legislation implementing the cuts is almost too difficult for a laymen, including reporters, to follow unaided.
Weren't Crist and the Republicans supposed to bringing "plain language" to the government? Another broken promise. Add it to the lists of promises our Republican leaders have broken to the Florida public since they came to office. There are so many of them, no one will even notice this new one.
From the Blogs
Sherman Dorn: Sansom watch, January 11 edition
Progressive Pensacola: Sansom still under fire
Pushing Rope: More On Ethics Complaint Against Ray Sansom
Progressive Pensacola: Sansom still slipping
Progress Florida (Ray Seaman): The Drumbeat on Sansom Continues
Progressive Pensacola: Sansom still under fire
Pushing Rope: More On Ethics Complaint Against Ray Sansom
Progressive Pensacola: Sansom still slipping
Progress Florida (Ray Seaman): The Drumbeat on Sansom Continues
Friday, January 9, 2009
House Democrats Oppose Proposed Budget Cuts
With deep concerns about the fate of vital programs for children’s health, nursing home care, public safety, tourism promotion, the environment, and public schools, Florida House Democrats on Friday voiced stern opposition to the short-sighted, across-the-board spending cuts that Republicans approved without debate on alternatives like cutting waste or closing special-interest tax loopholes.
House Democrats have been rebuffed this special session in their attempts to offer meaningful solutions and have warned that House Republicans’ actions on the budget could have lasting unintended consequences, such as the loss of federal revenues, job cuts, and a further slowdown in tourism business.
Among drastic results, the Republican-backed House budget proposal:
Slashes nearly $500 million in public school spending.
Puts more school districts on the verge of financial collapse.
Eliminates $70 million in nursing home funding that will affect the quality of life and safety for seniors.
Injures Florida’s efforts to grow the economy through tourism promotion with major cuts to the Visit Florida program.
Raids the Lawton Chiles Endowment Fund in a penny-wise, pound-foolish move that will jeopardize the future of children’s health care.
“The House Republican budget takes from seniors, the frail and the vulnerable,” said Representative Kelly Skidmore, the Democratic Ranking Member on the House Appropriations Council on General Government and Health Care. “We didn’t eliminate funding from programs that are not mission critical. That would have been responsible. What’s worse, we didn’t take time to evaluate our entire revenue structure. We stubbornly refused to admit that the tax policies of the prior Republican administration led us to this crisis.”
House Bill Update -- Special Session
The following are new bills introduced and still active in the House of Representatives during the current House special session.
HB 15A - Taxation of Cigarettes by Waldman: This one is another attempt to raise the cigarette tax, but I can't see any significant differences from the earlier bill by Zapata. Unless there's something here I'm not seeing, I'd vote yes on this one.
HB 5005A - Education Funding by Flores: I don't like this bill and I would certainly vote against it. First off, it allows local school boards to reduce salaries for all school employees in able to make up for "emergency" financial shortfalls. Seems to me those shortfalls could be avoided if we hadn't instituted several ridiculous property tax cuts in recent years. Maybe repealing them would be the better way to go. Next it would increase the potential size of voluntary prekindergarten classes, another bad idea. We are now attempting to solve the budget problems by placing a greater burden on teachers and the youngest children. They are also cutting the requirements for offering VPK classes. This bill does other things as well, such as delaying the Merit Award Program for a year, but the first few provisions make it bad enough. Definite no vote on my part.
HB 5007A - Department of Highway Safety and Motor Vehicles by Glorioso: This one eliminates the DUI Programs Coordination Trust Fund and redistributes the money to more generalized funds. Additionally, it seems to weaken stipulations on how other money related to DMV programs. I don't know enough about the DUI programs in Florida to come to a complete conclusion on this one, but if we are cutting money from effective programs, that seems like a bad idea to me, particularly since DUIs are so dangerous. At this point, I'd make this one a tentative no.
HB 5105A - Biomedical Research by Zapata: This one cuts funding from two progams that fund biomedical research. This is exactly the kind of short-sighted budgeting that Republicans always do and that got us into the kind of mess we're in now. We can't stop investing in the future -- particularly in the medical field -- just because times are tough now. If we don't invest in the future, times will remain tough. I'd definitely vote no on this one.
HB 5107A - State Judicial System by Adams: This one seems to be kind of a minor bill, as far as I can tell. It increases penalties for some nonfelony traffic violations, increases penalties for speeding more than 15 mph over the speed limit, increases penalties for noncriminal traffic violations, and makes probation in certain cases optional rather than required. As far as I can tell, the fine increases are small and the other penalties don't seem overwhelmingly out of line with the crimes in question. Unless I'm missing something here, I'd probably vote yes on this one.
HB 5109A - My Safe Florida Home Program by Hays: Under the My Safe Florida Program, one option is a no-interest loan to homeowners for home improvements that reduce the property's vulnerability to wind damage. This law would eliminate the requirement that the Department of Financial Services set aside money to pay for the program. Strikes me as a bad idea and seems, once again, that we're trying to save money by refusing to invest in the future. I'd vote no on this one.
HB 5111A - Medicaid by Ambler: This bill would cut the amount of money reimbursed to providers and pharmacies for drugs prescribed under Medicaid. I would have to see an impact statement and find out if there is much in the way of waste and fraud in these programs. I have to withhold judgment on this one and learn more about it.
HB 5113A - Water Management Lands Trust Fund by Poppell: I'm starting to sense a trend here. From what I can tell, this one bans certain types of refunding bonds -- no idea -- and takes money from the Water Management Lands Trust Fund and puts it in the general fund. I'm not as sure about this one as the others, but it strikes me as a bad idea, particularly with the increasing volatility in the water cycle in Florida. I'm inclined to vote no on this one, too.
HB 5115A - Distribution of the Proceeds of the Excise Tax on Documents by Poppell: Another one -- this time taking money from the Land Acquisition Trust Fund and putting it in the general fund. I'd vote no on this one, for sure.
HB 5201A - Economic Development by Murzin: This one would create the Economic Gardening Business and Economic Development to help promote growth in already-existing small businesses in the state. I'd want to see some research on economic gardening projects in other states to see if this is a successful program and whether or not it should be pursued in Florida, but I'd be inclined to vote for it.
HB 15A - Taxation of Cigarettes by Waldman: This one is another attempt to raise the cigarette tax, but I can't see any significant differences from the earlier bill by Zapata. Unless there's something here I'm not seeing, I'd vote yes on this one.
HB 5005A - Education Funding by Flores: I don't like this bill and I would certainly vote against it. First off, it allows local school boards to reduce salaries for all school employees in able to make up for "emergency" financial shortfalls. Seems to me those shortfalls could be avoided if we hadn't instituted several ridiculous property tax cuts in recent years. Maybe repealing them would be the better way to go. Next it would increase the potential size of voluntary prekindergarten classes, another bad idea. We are now attempting to solve the budget problems by placing a greater burden on teachers and the youngest children. They are also cutting the requirements for offering VPK classes. This bill does other things as well, such as delaying the Merit Award Program for a year, but the first few provisions make it bad enough. Definite no vote on my part.
HB 5007A - Department of Highway Safety and Motor Vehicles by Glorioso: This one eliminates the DUI Programs Coordination Trust Fund and redistributes the money to more generalized funds. Additionally, it seems to weaken stipulations on how other money related to DMV programs. I don't know enough about the DUI programs in Florida to come to a complete conclusion on this one, but if we are cutting money from effective programs, that seems like a bad idea to me, particularly since DUIs are so dangerous. At this point, I'd make this one a tentative no.
HB 5105A - Biomedical Research by Zapata: This one cuts funding from two progams that fund biomedical research. This is exactly the kind of short-sighted budgeting that Republicans always do and that got us into the kind of mess we're in now. We can't stop investing in the future -- particularly in the medical field -- just because times are tough now. If we don't invest in the future, times will remain tough. I'd definitely vote no on this one.
HB 5107A - State Judicial System by Adams: This one seems to be kind of a minor bill, as far as I can tell. It increases penalties for some nonfelony traffic violations, increases penalties for speeding more than 15 mph over the speed limit, increases penalties for noncriminal traffic violations, and makes probation in certain cases optional rather than required. As far as I can tell, the fine increases are small and the other penalties don't seem overwhelmingly out of line with the crimes in question. Unless I'm missing something here, I'd probably vote yes on this one.
HB 5109A - My Safe Florida Home Program by Hays: Under the My Safe Florida Program, one option is a no-interest loan to homeowners for home improvements that reduce the property's vulnerability to wind damage. This law would eliminate the requirement that the Department of Financial Services set aside money to pay for the program. Strikes me as a bad idea and seems, once again, that we're trying to save money by refusing to invest in the future. I'd vote no on this one.
HB 5111A - Medicaid by Ambler: This bill would cut the amount of money reimbursed to providers and pharmacies for drugs prescribed under Medicaid. I would have to see an impact statement and find out if there is much in the way of waste and fraud in these programs. I have to withhold judgment on this one and learn more about it.
HB 5113A - Water Management Lands Trust Fund by Poppell: I'm starting to sense a trend here. From what I can tell, this one bans certain types of refunding bonds -- no idea -- and takes money from the Water Management Lands Trust Fund and puts it in the general fund. I'm not as sure about this one as the others, but it strikes me as a bad idea, particularly with the increasing volatility in the water cycle in Florida. I'm inclined to vote no on this one, too.
HB 5115A - Distribution of the Proceeds of the Excise Tax on Documents by Poppell: Another one -- this time taking money from the Land Acquisition Trust Fund and putting it in the general fund. I'd vote no on this one, for sure.
HB 5201A - Economic Development by Murzin: This one would create the Economic Gardening Business and Economic Development to help promote growth in already-existing small businesses in the state. I'd want to see some research on economic gardening projects in other states to see if this is a successful program and whether or not it should be pursued in Florida, but I'd be inclined to vote for it.
House Bill Update
The following are the bills introduced and still active in the House of Representatives during the current House special session.
HR 1A - Solidarity with Israel: On it's face this is a largely meaningless bill, since it is nothing more than a declaration of support for Israel in its attacks on Gaza. Reading the fine print, though, and there are some problems. The bill unilaterally declares that Iran is sponsoring the attacks on Israel, without providing any evidence to support such a claim. The bill condemns "attacks on civilians" by Palestinians without saying anything about Israeli efforts that harm civilians. Finally, I'm not sure that this proclamation is particularly relevant to the job the legislature is supposed to do, the powers of a state, or the stipulated reasons for the special session. My vote: No.
HB 7A - Cigarette Tax, by Zapata: This one would raise the cigarette tax and specify where the revenue would go, primarily to the Lawton Chiles Fund and health care-related funds. I don't know enough about existing law to get too much into the specifics, but I do like the idea of raising the cigarette tax. In the short term it would certainly bring in more revenue and it would provide an additional disincentive for smoking, particularly amongst poorer people and younger people. In the long run, though, it would seem likely to be a declining source of revenue, so there has to be more done to fill the budget gap. My vote: A tentative yes, pending further expert analysis.
HB 9A - Trust Funds/Creation/Primary Care Services Trust Fund/AHCA, by Zapata: This incredibly vague bill would create the "Primary Care Services Trust Fund" within the AHCA, tasked with using money from the cigarette tax to provide funding to local health departments and similar entities. This is one of the shortest bills I've ever seen -- it's shorter than the declaration of support for Israel -- so I'm a bit worried about the details of the program. Other than that, it seems like a good idea. My vote: Yes.
HB 11A - Procurement of Contractual Services by a State Agency, by Bogdanoff: I'll have to admit that since I don't understand the current law in this area, I don't know enough to evaluate the changes proposed in this bill. Anyone wanting to weigh in on this one would be greatly appreciated.
HB 13A - Corporate Income Tax, by Schwartz: Bills like this are why regular citizens don't generally pay attention to the specific proposals made in legislatures. It's written in a very strong legalese and since it makes little reference to current law, it's difficult to know what's being done here. The bill claims to be creating a more unified accounting system so that in-state corporations aren't disadvantaged in competition with multinational or multistate corporations. Sounds good, that I would agree to with no problem. But there are a lot of details in this one and I'd have to have an expert and a lawyer go over it to figure out what they all mean in practical terms.
HR 1A - Solidarity with Israel: On it's face this is a largely meaningless bill, since it is nothing more than a declaration of support for Israel in its attacks on Gaza. Reading the fine print, though, and there are some problems. The bill unilaterally declares that Iran is sponsoring the attacks on Israel, without providing any evidence to support such a claim. The bill condemns "attacks on civilians" by Palestinians without saying anything about Israeli efforts that harm civilians. Finally, I'm not sure that this proclamation is particularly relevant to the job the legislature is supposed to do, the powers of a state, or the stipulated reasons for the special session. My vote: No.
HB 7A - Cigarette Tax, by Zapata: This one would raise the cigarette tax and specify where the revenue would go, primarily to the Lawton Chiles Fund and health care-related funds. I don't know enough about existing law to get too much into the specifics, but I do like the idea of raising the cigarette tax. In the short term it would certainly bring in more revenue and it would provide an additional disincentive for smoking, particularly amongst poorer people and younger people. In the long run, though, it would seem likely to be a declining source of revenue, so there has to be more done to fill the budget gap. My vote: A tentative yes, pending further expert analysis.
HB 9A - Trust Funds/Creation/Primary Care Services Trust Fund/AHCA, by Zapata: This incredibly vague bill would create the "Primary Care Services Trust Fund" within the AHCA, tasked with using money from the cigarette tax to provide funding to local health departments and similar entities. This is one of the shortest bills I've ever seen -- it's shorter than the declaration of support for Israel -- so I'm a bit worried about the details of the program. Other than that, it seems like a good idea. My vote: Yes.
HB 11A - Procurement of Contractual Services by a State Agency, by Bogdanoff: I'll have to admit that since I don't understand the current law in this area, I don't know enough to evaluate the changes proposed in this bill. Anyone wanting to weigh in on this one would be greatly appreciated.
HB 13A - Corporate Income Tax, by Schwartz: Bills like this are why regular citizens don't generally pay attention to the specific proposals made in legislatures. It's written in a very strong legalese and since it makes little reference to current law, it's difficult to know what's being done here. The bill claims to be creating a more unified accounting system so that in-state corporations aren't disadvantaged in competition with multinational or multistate corporations. Sounds good, that I would agree to with no problem. But there are a lot of details in this one and I'd have to have an expert and a lawyer go over it to figure out what they all mean in practical terms.
Subscribe to:
Posts (Atom)
