Baton Rouge Judge to Rule on "Sweeping Fees" by the Legislature

By Don Molino, The Voice of Louisiana Agriculture Radio Network

Louisiana Commissioner of Agriculture and Forestry Dr. Mike Strain says Baton Rouge Judge Donald Johnson will hand down a ruling January 22nd on a lawsuit by the Public Service Commission which challenges the practice by the legislature of "sweeping fees."

Strain says the court heard arguments about the constitutionality of the legislature using fees paid for specific purposes to keep balancing the state budget.

"Fund sweeps are common practices," says Strain.  For example, if there are insufficient funds to balance the budget then funds are taken from various fees and funds but not always across the board.

"So they can take a small amount from one and a larger amount from another," according to Strain, who also pointed out there is no limit on how many times that can happen in a year.

"These fudns that are being paid specifically by a specific group of citizens are being used to pay for services to another group of citizens that don't pay the fees," said Strain.