No shortage of unusual topics at Legislature

Published 7:51 am Tuesday, April 25, 2023

Legislators are tackling a wide range of unusual topics at their fiscal session, from how much per diem state Supreme Court justices should receive to allowing a cremated pet to be buried with its owner.

Another measure would make simple burglary a violent crime in Louisiana. A legislator who is also an attorney wants to make it easier for officials like him to get legal proceedings postponed.

A fifth measure deals with women recouping some pregnancy medical expenses from the father of their child.

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Rep. Jerome “Zee” Zeringue, R-Houma, who heads the powerful House Appropriations Committee, has filed House Bill 307 to have the $118 per diem on food for justices and judges comply with lower rates set by the federal General Services Administration. Per diem is the amount they receive as an allowance per day to cover expenses related to their work.

Zeringue said the state’s executive and legislative branches follow the federal rate and judges should, too. The Advocate reported that Zeringue said the amount involved was small relative to the overall budget, but lawmakers ought to find all possible savings for taxpayers.

Six of the seven state justices like the current per diem, but Chief Justice John Werner thinks it should be lower. Legislators on the House and Governmental Affairs Committee complain the legislation puts them in a hotspot.

Rep. Candace Newell, D-New Orleans, said, “This is a damn sure hard vote because of the position that we’ve been put in. It’s been an attorney’s dream to stand in front of the Supreme Court. But I never thought the Supreme Court justices would be sitting in front of me. It puts me in an awkward position.”

Rep. Wilford Carter, D-Lake Charles, an attorney and former judge, said, “You’re really asking us, when you look at this thing down to the bottom line, to overrule a 6-1 vote on the Supreme Court.”

Zeringue asked the committee to defer a vote on his bill in hopes there could be an agreement that satisfies both sides. It was heard by the Committee on House and  Governmental Affairs.

The House Commerce Committee Monday approved House Bill 248 by Rep. Wayne McMahen, R-Minden, that would make it legal for a cremated pet to be buried with its owner. It goes to the full House.

McMahen, a former veterinarian, said the bill doesn’t mandate that cemeteries allow pets to be buried with their owners. He said the decision would be up to the cemetery.

Rep. Debbie Villio, R-Kenner, is author of HB 65 that makes simple burglary a violent crime. She said she is a burglary victim twice over. In one, she said the perpetrator left a kitchen knife on her bed after finding and stealing her handgun.

Victims suffer emotional trauma, she said, and that means it is not simply a property crime, according to a report by the Louisiana Radio Network.

An attorney with the Louisiana Association of Criminal Defense Attorneys said burglary isn’t a violent crime. She said burglary suspects who have committed no violent acts would be deprived of benefits available to non-violent offenders.

The House Criminal Justice Committee voted 9-2 to send the bill to the full House.

Rep. Edmond Jordan, D-Baton Rouge, is the author of HB 544 that would make it easier for lawyers to get proceedings postponed. Three of his motions for legislative continuances while defending a client were all denied.

Some attorneys are afraid the legislation could clog up the court system and give lawyer-legislators too much power over the judicial process. The bill is awaiting action by the House Committee on Civil Law and Procedure.

Rep. Larry Frieman, R-Abita Springs, is author of HB 5 that would allow mothers to recuperate half of the out-of-pocket, pregnancy related medical expenses from the father of their child. The bill requires that paternity be proven by clear and convincing evidence, with the burden of proof requiring paternity to be more likely true than untrue.

The Advocate said the bill comes on the heels of a near-total abortion ban in Louisiana after the overturning of Roe v. Wade, which has raised questions for lawmakers about supporting mothers. The House passed the bill 100-0 and sent it to the Senate.