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CLT UPDATE
Wednesday, August 22, 2018

Lifetime legislators' perpetual sessions, year-round pay, is rare


CLT is cheering two last-minute wins on Beacon Hill — the defeat of bills that would have allowed congestion tolling on certain state highways and an additional tax surcharge on property owners living in so-called “Community Benefits Districts.”

In a memo to members, CLT executive director Chip Ford, noted, however, that the much-celebrated economic development bill could cost taxpayers much more than first anticipated.

The House version called for $666 million in new spending, while the Senate’s was for a more modest $601 million.

The “compromise” worked out between the two chambers when all was said and done? A healthy $1.15 billion. Classic “Bacon Hill,” Ford noted.

The Salem News
Friday, August 10, 2018
Weekly Column
By Nelson Benton, Editor Emeritus


Massachusetts is one of only a handful of states in which the Legislature effectively never adjourns. That handful just happens to include some of the worst-governed, highest-taxed, biggest-spending, and/or most heavily-regulated states in the nation — among them, California, New Jersey, Illinois, and Pennsylvania. The Legislature’s year-round sessions also come with extravagant salaries. Massachusetts lawmakers are paid more than their counterparts in 44 states — their base salary is $62,548, but they also receive tens of thousands of additional dollars in the form of expense allotments and “leadership” bonuses. For a bunch of characters who don’t actually construct, produce, improve, grow, or manage anything, it’s an awfully sweet deal.

Lawmakers waited until the last minute to pass legislation and let bills that appeared to have wide support die right at the finish line.

In most of America, this would never be tolerated. Legislators in normal states convene for just a few weeks or months each year, hammer out a budget, pass whatever legislation is needful, and go home. In some truly enlightened states, the legislature is in session for only a few weeks every other year. I remember a note I received in November 1995 from the late Barbara Anderson, who for years was the Bay State’s most tenacious taxpayer advocate. She wrote from Nevada, marveling at something she had seen during a visit to the state Capitol in Carson City. In the empty House chamber, a notice was posted at the Speaker’s rostrum: “Next session, January 1997.”

Yet Massachusetts persists in the delusion that legislating is a full-time job, requiring “professional” lawmakers with staffs, offices, and full-time salaries. That superstition is continually being contradicted by the Legislature’s subpar performance.

Last month, for example, the Senate and House approved a $42 billion budget for fiscal year 2019. The most expensive spending plan in the state’s history was rubber-stamped by lawmakers less than seven hours after it was released from committee, which says a lot about the (lack of) diligence with which the Bay State’s well-paid professional legislators perform their job. It says even more that the budget was almost three weeks overdue — fiscal year 2018 ended on June 30. Every other state had its 2019 budget finalized before Massachusetts did; many finished the job months ago.

The Boston Globe
Sunday, August 12, 2018
Short live the Legislature!
By Jeff Jacoby


"The Kentucky legislature [General Assembly] convenes in regular session on the first Tuesday after the first Monday in January for 60 days in even-numbered years and for 30 days in odd-numbered years. It convenes in special sessions at the call of the governor. The Kentucky Constitution mandates that a regular session be completed no later than April 15 in even-numbered years and March 30 in odd-numbered years."

Kentucky Legislature


When the [Kentucky] General Assembly is not in session, some state legislators do much of their work at out-of-state conventions and meetings.

Because taxpayers pay for the salary and expenses for most of those trips, the Courier Journal decided to take a closer look at who was traveling the most and how much they were being paid....

State law requires legislators to get written approval from the House speaker (for representatives) or Senate president (for senators) for any work-related trip – whether or not the legislator asks for salary and expenses to be paid by the state.

During the roughly eight months each year when the General Assembly is not in session, lawmakers are paid for attending interim legislative committee meetings in Frankfort. Pay is $188.22 per day. (The House speaker and Senate president get more: $235.57 a day.)

Beyond that, they can ask the speaker or president for pay and expenses for days they attend meetings or conferences – in or out of state.

“It’s a delicate balance. I think there’s great value in these conferences. They are really good for exchanging ideas and finding out what’s going on in other states,” said House Speaker Pro Tem David Osborne, R-Prospect. “... But I also think there’s a time where it can be overdone. … You can only hear the same presentation so many times in different forums before it kind of becomes white noise.”

The [Louisville, Kentucky] Courier Journal
Tuesday, August 21, 2018
Which Kentucky lawmakers are traveling the most on your dime?


Chip Ford's CLT Commentary

I spent much of last week closing on my new home in Kentucky and getting it more ready to occupy in the near future.  Before leaving, I worked for some time with Jeff Jacoby, providing him with what information I could on our fulltime, year-round legislature that is now home while "in recess" until the next Legislature is sworn in come January.  Remember what "recess" meant when we were elementary school kids?  It still means pretty much the same for legislators, except they alone are very well paid for months of skipping school.

I couldn't help but reflect on my native birth state and contrast it to my new adopted state, recognize how very much different they are.  This is one of the primary reasons for why I decided to escape the insanity known as Massachusetts.  Living here most if not all of our lives, most of us have little if any perspective of what life is like elsewhere.  We know there's something very wrong with politics and government here we just don't truly recognize or appreciate just how bad it is.  Or how "normal" and accepted the political perversion here has become.

I want to thank all those who've responded to CLT's final appeal for funds.  Their generous response was heartening and will carry the organization for a bit longer, but overall it bolsters our decision to shut down.  Still too many who received it again ignored our request.  Still there is not sufficient support to make going on into another year workable.  Even making it to November as hoped remains questionable.

The notes of appreciation that some included with their contributions were especially gratifying it's nice to know that some appreciate all that CLT has done for taxpayers over the decades, and that CLT will be missed.  It will take the millions of other taxpayers, who've benefitted from but never supported CLT, longer to appreciate and miss CLT but they too eventually will.

Some staunch members have suggested and encouraged a Citizens for Limited Taxation "operating in exile" from beyond the state's border.  It's been pointed out by a number of them that what CLT does from here can be done from anywhere in today's high-tech, interconnected world.

I truly feel badly leaving so many loyal members behind and suddenly vulnerable, as if I'm deserting, abandoning a sinking ship.  But it's not desertion; it's being forced out by financial pressure and the lack of support.  If adopted, the suggestions could maintain and perpetuate CLT's decades-long institutional memory, advocacy, and influence.  Even from afar CLT can keep its members just as informed and its activists just as trigger-ready to respond, as recently demonstrated with our stunning defeat of the "Community Benefit Districts" scam.

It's something I may consider, once I've accomplished my exodus, substantially reduced my cost of living, and am settled in behind my desk in my relocated new home office.  When I'm back on what someone once called my office, "the CLT flight deck of the Starship Enterprise," orbiting over Kentucky, I'll perhaps give it some further thought.

Chip Ford
Executive Director


 
The Boston Globe
Sunday, August 12, 2018

Short live the Legislature!
By Jeff Jacoby


When Roger Wolcott, the 39th governor of Massachusetts, delivered his inaugural address in 1897, he urged state legislators to stop spending so much time on Beacon Hill, trying to justify longer and longer sessions by introducing more and more bills.

“The volume of legislation is a poor criterion of its necessity and wisdom,” he told the senators and representatives assembled before him. “It is difficult to believe that five months of legislative session and 700 printed pages of acts and resolves are annually necessary. A shorter session and [fewer bills] would not be unwelcome to our people.”

The governor’s words had no effect. The Massachusetts Legislature stayed in session that year for 158 days; lawmakers, who had convened on January 6, didn’t adjourn until June 12. In 1900, Wolcott’s last year in office, the Legislature hung around until July 17. The new century brought more session creep. By the 1950s, it was routine for the Senate and House to stay in session until September or October. Eventually Massachusetts ended up with the General Court it has today — the one that, like a horror-movie mummy, refuses to die. The Legislature is in formal session for 18 months out of every 24, but remains in “informal” session even after it has supposedly called it quits.

You thought a five-month Legislature was an “unwelcome” nuisance in 1897, Governor Wolcott? You should see what Massachusetts is cursed with now.

Massachusetts is one of only a handful of states in which the Legislature effectively never adjourns. That handful just happens to include some of the worst-governed, highest-taxed, biggest-spending, and/or most heavily-regulated states in the nation — among them, California, New Jersey, Illinois, and Pennsylvania. The Legislature’s year-round sessions also come with extravagant salaries. Massachusetts lawmakers are paid more than their counterparts in 44 states — their base salary is $62,548, but they also receive tens of thousands of additional dollars in the form of expense allotments and “leadership” bonuses. For a bunch of characters who don’t actually construct, produce, improve, grow, or manage anything, it’s an awfully sweet deal.

Lawmakers waited until the last minute to pass legislation and let bills that appeared to have wide support die right at the finish line.

In most of America, this would never be tolerated. Legislators in normal states convene for just a few weeks or months each year, hammer out a budget, pass whatever legislation is needful, and go home. In some truly enlightened states, the legislature is in session for only a few weeks every other year. I remember a note I received in November 1995 from the late Barbara Anderson, who for years was the Bay State’s most tenacious taxpayer advocate. She wrote from Nevada, marveling at something she had seen during a visit to the state Capitol in Carson City. In the empty House chamber, a notice was posted at the Speaker’s rostrum: “Next session, January 1997.”

Yet Massachusetts persists in the delusion that legislating is a full-time job, requiring “professional” lawmakers with staffs, offices, and full-time salaries. That superstition is continually being contradicted by the Legislature’s subpar performance.

Last month, for example, the Senate and House approved a $42 billion budget for fiscal year 2019. The most expensive spending plan in the state’s history was rubber-stamped by lawmakers less than seven hours after it was released from committee, which says a lot about the (lack of) diligence with which the Bay State’s well-paid professional legislators perform their job. It says even more that the budget was almost three weeks overdue — fiscal year 2018 ended on June 30. Every other state had its 2019 budget finalized before Massachusetts did; many finished the job months ago.

In the real world, people who blow off crucial deadlines pay a price. (If you doubt it, try sending in your taxes or making your mortgage payment three weeks late.) But in the Massachusetts General Court, the legislative show that never closes, what’s another missed deadline? Senators and representatives don’t have to worry about their pay being docked if they do a lousy job. Most of them don’t even have to worry about being challenged for reelection.

There are better options.

New Hampshire has always rejected the idea that legislating must be left to professionals. It pays its lawmakers just $100 per year — that’s not a typo — and its 400-member House of Representatives — that’s not a typo either — encourages participation in government by a remarkably diverse array of citizens, few of whom regard politics as a career. Unlike Massachusetts, where many legislative candidates are attracted by the prospect of status, influence, money, and a steppingstone to higher office, New Hampshire’s statehouse tends to attracts true citizen-lawmakers — independent, civic-minded volunteers who choose to serve with no ulterior motive but good governance.

New Hampshire is a tiny state, but Massachusetts can learn from big states, too.

“Texas’s part-time legislature . . . has been a key factor in its economic success,” concluded reporter Jon Cassidy in a 2016 essay for the Manhattan Institute’s City Journal. Research shows that states without year-round legislatures are more resistant to government spending, and the Texas experience bears that out. With a political culture notorious for cronyism, Texas has never been a model of saintliness. Yet the government’s ability to do damage is checked by a system that deliberately keeps lawmakers from having too much power in the first place, and thereby leaves more room for civil society to flourish. The Texas constitution limits legislators’ pay to just $7,200 a year (plus expenses) and limits their sessions to just 140 days per biennium. Can a state succeed with so trammeled a legislature? If the booming Texas economy and the steady surge of newcomers are any indication, the answer is an unqualified yes.

Massachusetts has many blessings, but its full-time Senate and House of Representatives are decidedly not among them. A year-round Legislature filled with underperforming careerists has done Massachusetts no good. Beacon Hill would be far healthier if it took less inspiration from New Jersey and more from New Hampshire. It might even get its budget done on time.
 

The [Louisville, Kentucky] Courier Journal
Tuesday, August 21, 2018

Which Kentucky lawmakers are traveling the most on your dime?
By Tom Loftus


FRANKFORT, Ky. – When the General Assembly is not in session, some state legislators do much of their work at out-of-state conventions and meetings.

Because taxpayers pay for the salary and expenses for most of those trips, the Courier Journal decided to take a closer look at who was traveling the most and how much they were being paid.

The Courier Journal examined compensation and travel records for a roughly one-year period stretching from late November 2016 through Nov. 30, 2017. It found that, in that period, state legislators attended 255 out-of-state meetings or conventions that were related to their jobs, costing Kentucky taxpayers $349,731 in salary and travel expenses.

And the Courier Journal found that Sen. Mike Wilson, a Bowling Green Republican, and Rep. Joni Jenkins, a Shively Democrat, were the most frequent travelers.

Wilson attended 11 out-of-state gatherings in locations such as Toronto, Canada, and St. Pete Beach, Florida, between late 2016 and late 2017 claiming 34 legislative pay days during the trips totaling $6,399 in salary.

Jenkins traveled to New York and Boston and other locales during the 11 meetings or conventions she attended outside the state over the same period, earning $5,646 for 30 work days.

A large share of the trips taken by lawmakers were to annual conventions of three large organizations of state legislators last summer: 45 Kentucky lawmakers attended the convention of the National Conference of State Legislators in Boston; 41 went to the Southern Legislative Conference’s gathering in Biloxi, Mississippi; and 14 attended the convention of the conservative American Legislative Exchange Council in Denver.

About 80 of the trips cost taxpayers nothing in expenses because they were paid for by the organization sponsoring the meeting.

Most of the lawmakers who took many trips have some sort of special role, either in the General Assembly, or with an organization sponsoring the trips.

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Wilson was chairman of the Senate Education Committee during the period examined, and at least five of Wilson’s out-of-state trips were to attend education meetings — including three meetings of the Southern Regional Education Board.

But Wilson also was just one of three lawmakers (all senators) who attended all three of the large general legislator conventions last summer (National Conference of State Legislators, Southern Legislative Conference, and American Legislative Exchange Council).

"I serve on the Southern Legislative Conference's education committee and was asked to speak on education policy at another of these meetings," Wilson said. "All of these organizations are very valuable — talking to other state legislators to find out what policies are working in other states."

Jenkins is the Kentucky co-chair of the National Conference of State Legislators' health and human services committee. As such, she said she had an important role to play at five of the group's meetings during the period. She also is on the steering committee of a national health care reform group called Reforming States Group, and attended two or that organizations meetings.

“I always bring back information from these meetings that we use. I think it’s great to network with other states — legislators across the country — and find out innovative things that they do,” Jenkins said.

She also stressed that for all but one of her trips, the sponsoring organization paid her expenses — what is known as a “scholarship.” Likewise, Wilson had his expenses covered by the sponsoring organization for many of his trips.

“So it doesn’t cost the state that much,” Jenkins said. “... I’m flattered that these organizations think I have something to add to be there at the table. But when they’re paying your way, you’re working eight, to 10, to 12 hours a day. It’s not a vacation at all.”

But Richard Beliles, chairman of Common Cause of Kentucky, said, “You can learn something at a convention, but I don’t see where more than one a year is necessary. Some appear to absolutely be taking too many trips.”

State law requires legislators to get written approval from the House speaker (for representatives) or Senate president (for senators) for any work-related trip — whether or not the legislator asks for salary and expenses to be paid by the state.

During the roughly eight months each year when the General Assembly is not in session, lawmakers are paid for attending interim legislative committee meetings in Frankfort. Pay is $188.22 per day. (The House speaker and Senate president get more: $235.57 a day.)

Beyond that, they can ask the speaker or president for pay and expenses for days they attend meetings or conferences – in or out of state.

“It’s a delicate balance. I think there’s great value in these conferences. They are really good for exchanging ideas and finding out what’s going on in other states,” said House Speaker Pro Tem David Osborne, R-Prospect. “... But I also think there’s a time where it can be overdone. … You can only hear the same presentation so many times in different forums before it kind of becomes white noise.”

Osborne became the House’s presiding officer last November. He noted — for the period examined by the Courier Journal in this article — that former House Speaker Greg Stumbo, D-Prestonsburg, approved trips of late 2016, and former Speaker Jeff Hoover, R-Jamestown, approved trips of 2017.

Osborne said the House reduced travel costs last year and, for the most part, limited members to attending one out-of-state convention. But he said other trips are often approved for members who hold leadership roles in national organizations or lead key legislative committees.

He also said he normally approves trips if the sponsoring organization is paying expenses — airfare, hotel and meals.

In response to a request for an interview, Senate President Robert Stivers, R-Manchester, released a statement that said state law and legislative policies assure “all public funds are expended appropriately.”

Stivers said, “Travel to legislative conferences allows senators to attend in-depth policy briefings and speak directly with legislators from other states. This allows senators to bring new and dynamic policies back to the Commonwealth.”

Rep. Steve Riggs, D-Louisville, had nine approved out-of-state trips over the period examined. He said that was because he served last year as president of the National Council of Insurance Legislators.

“It’s all related to being president" of the council, Riggs said. “It’s an organization that makes model laws for all states. And it’s very important for Kentucky to be a leader in an organization like this. If Kentucky taxpayers are not sending people with expertise to these meetings, we’ll suffer from poor decision-making.”

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The lawmaker who claimed the most in expenses reimbursement for the period was Sen. Gerald Neal, D-Louisville. Neal received no scholarships for the six out-of-state meetings and conventions he attended and his state-paid expenses totaled $8,898.

Neal serves on the national board of the National Black Caucus of State Legislators, and four of his trips were to attend meetings of that board.

“I wouldn’t take the trip unless I thought it was important for me to go," he said. "Participating in the National Black Caucus of State Legislators gives me a national perspective and involvement."

Beliles said he is just as concerned about trips where an ideological organization offers a scholarship to pay all expenses for a lawmaker to attend its meetings where no taxpayer dollars are spent.

He cited a recent Courier Journal story about Senate Majority Leader Damon Thayer, R-Georgetown, attending at least five meetings over a 13-month period sponsored by various funds of GOPAC – a national Republican organization whose focus is to elect conservative Republicans to state legislatures. The newspaper reported that GOPAC is significantly funded by the tobacco industry, payday lenders and casino interests.

The Legislative Ethics Commission has recommended legislation requiring lawmakers to list each trip they take out of state the prior year in their annual personal financial disclosure reports. Commission Chairman Anthony Wilhoit said the requirement would allow the public to easily find such information on the commission’s website.

 

NOTE: In accordance with Title 17 U.S.C. section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml


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