Louisiana: The State We're In; 295

[No sound] Production assistance for the following program was provided in part through contributions to Friends of LPB. Bill 21 by Mr. Bares. Since early April the legislators met at the Capitol, approving a four billion dollar budget, and passing new laws covering everything from the environment to education. And there were proposed laws that didn't make it. Proposals like the Equal Rights Amendment. But on the final night, the memories were more of good times and good friends. And now live from Baton Rouge, The Sunshine Twins. [Laughter] "Thank you very much, Mr. Reilly. Appreciate it very much. Du-na-na. Na-na-na. Nu-na-na. Non. Da-da-da-dum. A good bill is how to pass. You get it kicked out in the grass." [Music playing.]

[Music playing.] Good evening. Welcome to this edition of "Louisiana, The State We're In." The 1979 Session of the Louisiana Legislature is over. And this week we'll recap some of the significant issues of that session and examine some of the laws that passed and failed in the closing days. We'll also take a look at Edwin Edwards' recent advice on energy and his possible bid for the presidency. But first a look at the final day of the session. For many of the lawmakers and political observers, it was the end of an era. A changing of the guard, and a changing of administrations. Although a majority of the legislators will probably be back next session, many of the key roles in the continuing political drama will be filled by new principal actors. And so

as on any closing night there were speeches, tributes, and bouquets for those who were leaving. In the House of Representatives, a moving tribute was paid to the director, Mr. Speaker, Bubba Henry. Bubba Henry, who is running for governor, is giving up the gavel he's wielded for eight years and the praise of his colleagues made it clear that, as Speaker of the House, he has had no equal. "In all that Bubba has done in his political life, he has been, in every sense of the word, a statesman." "We have done some things that people thought couldn't be done and, that putting our shoulder to the wheel, were able to accomplish. You did the work. I got the credit. Mr. Chris Vaughn says, 'That's show biz.' Nevertheless, we made progress. We have opened a process totally to the people of this state. We being the closest of government to the people have, I think, begun to be more reflective of the people that we represent

across the state. There were those who thought I moved too slow and there just wasn't any way to totally win it. But I'm satisfied when I leave this House tonight that we've made progress. And I'm glad we did and I thank you for your help. I thank you for your patience and for your understanding. But you don't always do in life what's necessary or what you want to, you do what's necessary and what you're called to do. I tried to do my thing as God gave me the ability to see what my thing is and I've enjoyed it. If they throw me in that hole tonight, Louis, and throw the dirt in my face, you can say he had a good time and he enjoyed it. And I thank you, and I love every one of you and I'm sorry I took too long talking to you. Thank you." Senators bid an equally emotional farewell to their departing colleagues. Among them another candidate for

governor, Sonny Mouton. Senator Mouton, who was noted for his skills as an orator, had difficulty in saying goodbye to his fellow senators. "I could stand here, if my heart wouldn't fill up and my eyes, too, and talk about the things we have done, all of us, together. The success and the failures, but the reward is in knowing people like you. The Kiefers, and the O'Keefes, and the Melancons, the Nunezs, the Duvals." It was Governor Edwin Edwards' turn to receive the praise of lawmakers and share his own gratitude in his last address as Governor to a joint session of the Legislature. But, even in his farewells, Edwards left the door open for another governor's race or possibly a shot at the presidency. "Now my friends, no one, not in my situation, could appreciate the sadness that I feel at this party. To this state and the kindness of these people, I owe everything. For a quarter of a

century, I've served the public. During that time my children and grandchildren were born and I passed from a simple country lad to be twice honored as governor of this state. I now leave, not knowing whether or when, the mantle of public service, to which I've become so accustomed, may again settle on my shoulders. But I cannot forget the deep concern I have for my state and my country. And I assure you that, wherever fate may take me and whatever role life may find for me, I will continue not as a public official, but as a public figure. To speak out on behalf of Louisiana and America. Trusting in Him who can go with me and remain with you, and be everywhere for good. Let us confidently hope that all will yet be well. In his care commending you, as I hope in your prayers, you will commend

me. I bid you an affectionate farewell." Some observers around the Capitol were calling the governor's farewell address one of the best speeches he's ever given while others said it sounded like a warm up for a campaign. Those statements may carry some truth for later in the week. Governor Edwards was talking about the possibility of entering Louisiana's newly created presidential primary next April. "...in the kindness of these people, I owe everything." Shortly after Governor Edwards bid his farewell to House members on Monday a new bumper sticker showed up in the chamber leading to speculation that the governor's political future might extend beyond the state. It was something he confirmed later this week in a meeting with reporters. "In response to a question put to me by a reporter yesterday, I simply stated, in all honesty, yes that I was considering the possibility of entering

the Louisiana primary in April. From that of course other questions followed. I repeat, I have not made a firm decision. I am considering it. Whether I will do so will depend on circumstances, some of which I have no control over. Such as what the attitude of the new governor would be, the number and nature of candidates that might appear who would want to be on the ballot, and my own political fortunes as they will exist towards the end of this year and early in 1980." A presidential primary is something new for Louisiana, but in general lawmakers were not concerned with tackling too many new issues in an election year. The house shied away from debating on the final day a proposed constitutional amendment to give residents of Washington D.C. representatives in Congress. In addition, most legislators wanted no part in reviving the right to work controversy in this session. And finally the biggest non issue of the session was a failure to pass any laws concerning strikes by public employees. A police strike in New Orleans and a

teachers' strike in Baton Rouge had let many to believe that the unionization of public employees would be the hot issue in this session. But of course there were plenty of new laws adopted this year. One of the most popular ones may be the bill giving a $25 tax credit for each school age child and for the state's 150,000 public employees and public school teachers, there will be a 10 percent raise that will be effective in September. Tonight, we'll look back at the session just past, at some of the key issues, and at some of the most memorable debates. The most important piece of legislation that lawmakers must deal with each year is the general appropriations bill. It spells out the state's 4.2 billion dollar budget for the fiscal year that begins on July 1st. The Louisiana Constitution requires that the state keep a balanced budget in the handling of its money, and if simplified this year's revenue and spending picture looks like this. Twenty nine percent of this year's state income will arrive from the federal government in the form of grants and revenue sharing for a total of almost 1.3 billion dollars. The state sales tax is next at 15% (fifteen percent) or $653,000.00 (six hundred fifty three million dollars), followed by the Oil and Gas

Severance Tax at 11% (eleven percent) or $471,000,000 (four hundred seventy one million dollars). Also at 11% (eleven percent) is the State Income Tax producing $475,000,000 (four hundred seventy five million dollars) in revenue. Gasoline taxes bring in $184,000,000 (one hundred eighty four million dollars) for 4% (four percent) of the revenue dollar. While agency collections, royalties, and miscellaneous taxes and fees make up the balance of the income picture. On the other side of the spending dollar, the breakdown looks like this. Education takes, by far, the largest chunk at 37.7% seven point seven percent) or $1.4 (one point four) billion dollars. Next among the giant spenders is the Department of Health and Human Resources, which comes in at 29.4% (twenty nine point four percent or $1.8 (one point eight) billion dollars. The Department of Transportation, which includes highway spending is next at 6% (six percent) at $244,000,000 (two hundred forty four million dollars.) The next two largest departments are public safety and corrections. Both in the 2 (two) percent neighborhood, with budgets in the 80 (eighty) to 90 (ninety) million dollar range. The big debate over the appropriations bill this year surrounded the state's surplus, that range from

300 (three hundred) to 600 (six hundred) million dollars, depending on whose figures you were using. In the House, amendments aimed at tapping the surplus soon swelled the budget into the red leading to an unsuccessful fight to put a total limit on all state spending. "We're not engaged in a personality contest. We're engaged in a money spending contest today and we're letting ourselves be sucked in and used by the bureaucracy of this State in a ridiculous fashion, in my judgement." "Next year this legislature and whoever is governor is going to face the alternative of a massive tax increase or else, a devastating cut in state services." The budget is basically an administration package, however; and even though the house added in millions of new spending the Senate put it back in line with the governor's request. With the end result, a balanced budget. While lawmakers concentrated on legislation in Baton Rouge this summer, many Louisianians had their eyes

on gas lines and the growing energy crisis. It was a situation that did not go without notice at the Capitol, where a number of energy related bills were passed. For instance, lawmakers exempted gasohol from the state motor fuel tax, placed an eight month moratorium on the construction of new refinery owned gas stations, approved legislation to take Louisiana oil revenues and actual crude oil to be refined for gasoline for use in the state, and approve the reinvestment fund, whereby additional state revenues from the decontrol of oil would be put into research for new energy. Lawmakers were also concerned as to how the state was fairing into the Federal Gas Allocations plans, and when federal officials showed up to explain the process to a committee, the news wasn't good. "You raise the question of whether or not a state, which is a large producer and refiner as the State of Louisiana obviously is, one of major producing refining states in America, should they or do they under the regulations, get any different treatment in the allocation of the

motor gasoline and product? The answer to that is, no, they do not. There is no provision made in the Federal Regulations Energy Act that would give any special treatment to, that is get more product to Texas, Louisiana, Oklahoma, or any other major producing states." "This is a very complex area and incapable of understanding or practicing understanding. Now whether that is by practice or design I don't know. But, let me ask you the bottom line. What can we do to increase the gasoline supplies, to help vent this frustration from our constituents, to help solve this problem. What can we do?" "I don't have an answer for that." Thank you, sir. Governor Edwards also stayed busy with the energy situation, as he held meetings with truckers angry over tight diesel supplies, and he also met with gas station operators with a latter meeting producing a voluntary action program, which few stations seemed to adopt. By the end of the session, the governor was saying that only a crash program of oil exploration, refinery building, and

production would solve the nation's gas prices. "We need to correct the errors of the past. Not only those of the Carter Administration, but those going back to Mr. Nixon and Mr. Ford and other presidents prior to that. Who with better intentions than good judgment, in my opinion sought to shield the American people from the true facts about where we were headed and the lack of energy. As a nation, we must first face the realities and accept the situation as it is, before we can gather together to try to resolve the problems. I must say to you, that in my opinion, American motorists must forget that there ever was a 50 cents per gallon gallon of gasoline. I predict to you the unpleasant, unavoidable fact, that probably one dollar a gallon gasoline will soon be a thing found only in the memories of the American public. Second, the present form of rationing in first come, first served

long lines, must be eliminated as a ludicrous un-American condition which need not be imposed on the American people. Third, I reject the idea of rationing, supported by many of President Carter's staff. Why? Because I believe that a billion coupons to a hundred million motorists will make cheats out of the average American citizen, provide for the biggest black market in peacetime this country has ever witnessed, will not produce a single gallon of gasoline. What we need to do is not to reallocate the shortages, we need to end them, and a billion gasoline rationing stamps will not contribute at all to that. That department which cannot distribute fairly and efficiently to 50 states certainly cannot be expected to fairly and efficiently distribute a billion coupons to 100 million motorists. Which leaves us, then, to the final form of rationing and the only one that in a society such as ours is acceptable and that is pricing.

Better in my opinion, a full tank of gasoline at a dollar and a quarter, than an empty tank at a dollar. A fact we must come to grips with." [Natural Sound] Also gaining attention on the energy front at the Legislature was the safety issue of nuclear power plants. Two are under construction in Louisiana and some lawmakers wanted a moratorium on their building until they were proven safe. But after a day of hearings the only legislative action on the subject was a formation of a new study committee. This was the year that the legislature finally acted on proposals to consolidate most of the state's environmental rules and enforcement into one state agency. State Representative Manny Fernandez was the author and chief architect of the legislation which put the new environmental authority inside the Department of Natural Resources. Many environmental groups wanted to see those powers go to the Health Department. But in a series of hearings, a

resident of Bayou Sorrel, an area hard hit by hazardous waste, argued for the Fernandez plan. "This is a beginning. Because when we started fighting this thing, we could find nothing whatsoever to do anything with. And here I want to make this clear, I hate to see this broken down yet, between more than one authority because this has been our trouble. When we would go to one authority, they said no they do it and we went to some 30 odd departments and never got anywhere. Now one of these is one that I want to complain about as greatly as I can and that's the health part of it. They did not try to do anything in all of the time that we were calling upon them upwards of two years before the boy was killed." Along with the adoption of the environmental reorganization plan, the legislature also gave final approval to the state's new hazardous waste disposal regulations.

They've been called the toughest rules adopted by any state in the nation. But whether any of the new environmental rules will be enforced was an issue still up in the air at the end of the session as the Senate, on orders from the administration, refused to go along with House approved funding for new lawyers to handle the enforcement job. Although Governor Edwards, at the last minute, promised that money for lawyers would be available on January 1st, when the new laws take effect. "It's not a monster, it's not one that we can't understand and I promise this bill is the best vehicle that we will have toward sex education this year, next year, or twenty years from now." No issue since the 1976 battle for Right to Work is stirred up as much emotion in the House chambers as this year's battle for a new state law governing the teaching of sex education in public schools. This year the backers of the attempt to lift the 10 year ban on sex education got a boost from the governor, who on opening day called for a new law to end what he called the pain and suffering of sexual ignorance. But opponents were equally determined and, when it came time for a committee hearing, they turned out in force to oppose the bill.

"Now what do you expect these boys to do in a class when they're taught all about sex education? They're gonna want to have sex. For once in their life, they're gonna want to do homework." The sex education program is an attempt to eradicate the Christian culture by actively promoting a psychologically destructive program, with the elimination of all moral restraints which leads us into the moral spiritual warfare that we're engaged." "...and, you shouldn't have to teach him "...shouldn't be teaching to boys and girls. For they will learn on their own, and the best place for them to learn is at home." "No tell politicians that we are Bible-believing people and we're part of the people, too. And bless God, our votes count, too.

And God's vote is the only one that really counts. Amen? Now, pray with me. I mean that. Every boy and girl, every teenager, every mom and dad, and listen, let's talk to God..." For a time they succeeded in killing the legislation, but members of the Senate led by Nat Kiefer and Sonny Mouton, kept the issue alive through the session. And as lawmakers came down to the final week, the House debated and approved the measure which now allows the optional teaching of sex education. The broader issue of the quality of education in Louisiana was also at the center of much debate in this year's session. One of the hottest issues surrounded the management of the state's educational bureaucracy. A proposal to make the state superintendent of education appointive instead of elective failed, but a constitutional amendment that would shorten the terms of members of the board of Elementary and Secondary Education was approved for a place on the October ballot. Legislation aimed at measuring a student's progress was also the topic of much heated discussion this session. A plan requiring students to pass a test

before receiving their high school diploma was defeated, but not before a tough battle. However, a plan that did pass was the competency based education program, which requires periodic testing of students throughout their school career. Since 1972, the Equal Rights Amendment to the U.S. Constitution has been debated and defeated in the Louisiana Legislature and this year the story followed a familiar pattern. The House Civil Law and Procedure Committee met in the House chambers to discuss the amendment before an overflow crowd as proponents and opponents echoed the familiar arguments of the past. "The proposed Equal Rights Amendment is designed to do away with discrimination which exists between sexes. It touches only those concerns which men and women share. Since men cannot bear children, ERA does not concern abortion. The heads of the hundreds of communities of women all support the ERA. If there were a link between the ERA and abortion, they could and would not support it.

I also stand here today to ask you firmly to vote against the so-called Equal Rights Amendment to our United States Constitution. It embodies too many unknown factors and unanswered questions among which are the order of the family, the moral issue of abortion, and the honor of the fact that God created us male and female, each with its own role." As in recent years, the committee rejected the amendment, but this year ERA backers decided to try for passage in the Senate to at least put more lawmakers on the record before this year's election. They brought State Senator Tommy Hudson suffering from a back injury into the chamber on a stretcher for the final showdown. But even that couldn't stop a defeat on a procedural matter that left ERA dead for one more year. But there were significant changes in the area of family law that almost went unnoticed. Legislators adopted an equal management plan that ends Louisiana's traditional Head and Master Law governing the marriage community. And men and women will now be treated equally in the eligibility for alimony and the custody of children.

Those 85 days of Session went by very quickly, and looking back on it makes us realize how much a team effort is required in producing the show. Tonight we're losing two key members of that team - photographer Lyle Jackson, who more than any other is responsible for capturing the events we cover, and our director, Thom Wolfe, who's moving on to other productions. We'll miss both of them. Finally, no legislative wrap up show could be complete without a sampling of the final night of the legislature. It wasn't quite as crazy as in years past, but it still had that flavor of what people mean when they talk about the color of Louisiana politics. "But you know, some of us will be running again and hopefully will all come back, though, and to all of you who are running again, we want to dedicate this little song to you. You've got to know when to hold 'em, know when to fold 'em, know when to walk away and know when to run. You all count your votes when you're sitting in the post. There'll be time enough for counting, when

the election's done. One more time, everybody. Gentlemen, I would really like to say, it's been a pleasure. I'd really like to say that. It's been rough. It's been tough. You fellas have been hard. You're giving Tom Jasper a hard time." "It's after the Edgar Allen Poe poem, 'The Raven' titled, 'The Raving'. As we labored, tired and dirty, as we worked past 7:30, all those days and nights t'was Kenny Likeman's tool. Suddenly there came a rapping. Not his normal gentle tapping.

Crashing rapping! Rapping on a candle that we muttered, rapping on our chamber floor. Only this and nothing more. It was Bubba. Hubba, hubba. It was Henry. It was Bubba! Stranger to our chamber floor. Came a rolling from the hustlings. From the rabble and their bustlings. Man gone mad! Rampaging! Wrestling! Bursting through our chamber doors. T'is the latest poll, we muttered. Must be lower than before. Four percent and nothing more." And finally, before adjournment, it was by Bubba Henry who brought the legendary Earl Long to life at the House mike. "...and we still got the Christian Defense League in this state. Thank God for the Christian Defense League. I want to say something to you folks

in the balcony about the Christian Defense League. They're Christian. We could've all learned this Legislature in the last several years. Jimmy Long Players..." "Proceed." Mr. Speaker, members of the House, I move the House adjourns. Sine Die" Is there any objection? Any objection? Without objection? So ordered." [Music] The preceding has been an LPB production. Production assistance for the preceding program was provided in part through contributions

to friends of LPB.