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Archive for February, 2012

Agencies throughout Louisiana state government use Dell desktop computers almost exclusively so it must be assumed that competitive bids were taken on the equipment and that the state paid the most economical price.

After all, there are literally dozens of state agencies and many more offices within those agencies. Estimates vary as to the actual number of active employees on the state payroll at any given time but it is generally agreed there around 50,000-or more.

And virtually all those employees have a desktop computer—a Dell—assigned to them.

And, yes, of course competitive bids are taken. It’s the law.

Fewer, but still a substantial number of state employees have the need for laptop computers. Those include state police officers and employees who perform much of their work in the field.

Those computers, for the most part, also are Dells.

So one would surmise that when an agency takes quotes on one or two Dell laptops, Dell would give the state the best possible price, given the thousands of computers it has already sold to the state.

One might surmise, but one might be wrong.

First of all, if the purchase price is below a certain amount, informal quotes from vendors may suffice in lieu of going through the more lengthy and involved bid process. That is certainly understandable.

Still, it would be reasonable to expect to attract the most favorable quotes.

One state agency recently asked for quotes for two Dell Latitude E6420 laptops. The quotes from Dell were quite surprising.

The price was $1,448.71 each for a total of $2,897.42. By the time two Kensington Microsaver laptop locks (security cable locks) were added in at $37.29 each ($74.78 for the two), the total cost for the two units came to $2,972.20.

Again, to the non-skeptic, it would seem reasonable to assume that with the state’s volume buying from Dell, the company would have discounted the laptops in order to cut the agency the best deal possible. Think again.

A quick online check of Dell prices found the Dell Latitude E6420 listed for $1,042.51 each—$406.20 less than Dell’s quote for the state agency for the same model. Some, obviously stripped-down models of the same laptop, were going for as low as $670 and $750.

It would be a daunting task to learn how many times this scenario is repeated throughout state government. We do know, however, that this agency followed procedure in requesting quotes and if no one made a better offer it will probably pay the higher price.

Perhaps this is an example of trickle-up economics because it most certainly isn’t trickle-down.

It’s your money.

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BATON ROUGE (CNS)—The 2012 legislative session is only weeks away and already the bills are piling. We thought we’d get a jump on last year with an early edition of our (second) annual “Seriously, are our legislators really spending time on this?” edition.

With the issues facing the state—privatization, education reform, stealing contractual retirement benefits from state employees, budgetary shortfalls, and the coercion of college presidents to keep a muzzle on their administrators and professors—one might expect the 144 legislators to be a bit more focused.

One would be mistaken.

Accordingly, we are breaking up this year’s edition into at least two installments—maybe more, depending on just how silly it gets before the deadline for filing bills.

And, having said that, here we go:

HB 25 by Rep. Henry Burns (R-Haughton): Establishes an exemption to the subject matter exam for licensed arborists who apply for a landscape, grading and beautification building contractors’ license in order to perform certain arborist work. Don’t let Gov. Bobby Jindal know about this or he’ll build an arborist charter school.

HB 48 by Rep. Lance Harris (R-Alexandria): Creates the crime of theft of copper and other metals. Don’t we already have laws to cover that?

HB 64 by Rep. Bob Hensgens (R-Abbeville): Prohibits the false personation of a firefighter. We don’t care if it is your house; put down that water hose and move away from the fire.

HB 88 by Hensgens: Prohibits political uses of public payroll withholdings and deductions. If this passes, you can look for Jindal to veto pronto.

HB 75 by Rep. Sherman Q. Mack (R-Livingston): Creates the crime of failure to report a missing or deceased child. See HB 48.

HB 84 by Rep. Austin J. Badon (D-New Orleans), Jr.: Repeals the governor’s authority to grant pardons to persons convicted of offenses against the state and repeals statutory authority for the Board of Pardons. Would arbitrarily slashing civil service retirement benefits be considered an offense against the state? We’re just sayin’.

HB 107 by Rep. Clifton Richardson (R-Baton Rouge): Creates the Hampton Village Crime Prevention and Improvement District within East Baton Rouge Parish. Considering there are multiple shooting deaths each week in Baton Rouge, why limit this to affluent, mostly white Hampton Village?

HB 109 by Rep. Simone Champagne (R-Erath): Repeals provision relative to the production and marketing of livestock. And all this time we thought there was only one way to produce livestock.

HB110 by Champagne: Changes the name of a certain animal disease. That should solve the problem; if the animal can’t find the virus because the name changed, then it won’t get sick.

HB 120 by Rep. Joseph P. Lopinto III (R-Metairie): Removes the requirement that the operator of an electric chair be present at every execution of a death sentence. Operator of an electric chair? Is this a throwback to railroad featherbedding? Louisiana last used the electric chair on July 22, 1991. We use lethal injection now. Is that “operator” still around? Seriously? As an aside, Louisiana and Mississippi once had portable electric chairs. “We deliver in 30 minutes or your next execution is free” was the states’ motto.

HB 148 by Rep. Jim Morris (R-Oil City): Precludes a person owes a past due debt to the municipality from running for mayor or alderman in a Lawrason Act municipality. That’s awfully specific but it does provide inspiration for the possibility of more bills to limit candidate qualifications.

HB 151 by Rep. Cameron Henry (R-Metairie): Removes the exemptions for political calls, thereby requiring political robocalls to obtain copies of the “Do Not Call” listing and to be subject to all other current law requirements. Now that’s a bill we can support. Who let this guy in, anyway?

HB 161 by Rep. Harold Richie (D-Bogalusa): Establishes a continuing education program for embalmers and funeral directors. Why? It’s not like the customers are going to complain.

HB 162 by Rep. Jerry Gisclair (D-Larose): Requires drivers to use headlights when driving through a tunnel. How requiring all drivers to just use their heads?

SB 85 by Sen. Daniel Martiny (R-Metairie): Requires voter approval before local governing authorities may impose civil fines for traffic violations captured by automatic traffic enforcement systems. The camera got me? I vote no.

SB 87 by Sen. Sherri Smith Buffington: Re-creates the Department of Health and Hospitals. Didn’t Jindal already privatize that department?

SB 101 by Sen. Elbert Guillory (D-Opelousas): Increases the number of days that games of chance may be conducted. Games of chance: that would be the jobs with the Office of Risk Management, the Office of Group Benefits, public schools, state prisons, DHH and state employees whose retirements are years away.

That’s it for now, but it for certain there will be many more in the days to come and to paraphrase Frasier Crane, we’re watching.

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“We are unable to estimate the fiscal effect; there is no reporting requirement for the data.”

–Louisiana Department of Revenue FY 2009-10 report on corporate income tax exemption for the Louisiana Superdome and Zephyr Field.

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Gov. Bobby Jindal loves to use looming budget deficits as justification for cutting jobs, shredding state retirement, and privatizing state agencies as ways to bring the state budget into balance and to make state government more efficient and accountable.

But if you examine the state tax exemptions that have become the norm since Jindal took office, you would have to conclude that the state’s financial plight is of his own doing.

The state did not have to fight off a threatened $1 billion deficit last year nor was it really necessary to look for ways to avoid a $900 million deficit this year, a likelihood of which he has already warned legislators.

The question is, did he intentionally create the state’s fiscal crisis in order to justify dumping off the Office of Group Benefits, state prisons, Medicaid, and public education and placing thousands of state workers on unemployment and costing them medical benefits in the process? Is he exploiting a deliberately engineered fiscal crisis in order to revamp the state retirement system?

As incredible as that might sound, consider his veto last year of a 4-cent-a-pack cigarette tax because he didn’t want to impose any new taxes. Forget for the moment that the cigarette tax was a renewal, not a new tax. And forget, if you will, that he was not opposed to an increase in college tuition because, in his words, it was not a tax but a fee.

Forget, too, that his veto of the cigarette tax was in effect turning his back on $50 million a year in badly-need revenue—$12 million directly from tax revenue and an additional $38 million in federal matching funds.

And finally, don’t remind him of his bumbling, stumbling, fumbling of two federal grants totaling $140 million. Those included $60 million in funding for early childhood education and $80 million to fund broadband internet connection to 21 rural parishes.

And the reason there is a crisis in the state retirement systems is because the Legislature and Jindal simply reneged on the state’s contribution requirements.

So clearly, the administration won’t consider new sources of revenue—like maybe eliminating some of the exemptions. Instead, the obvious solution is to require state workers to chip in an extra 3 percent to their retirement contributions.

It would be one thing if that 3 percent went to actually fund their retirements or even to pay down the UAL. Instead, it’s to be used to bail Jindal and the Legislature out of the consequences of their moronic tax policies.

While Jindal has never met a tax he liked, all the corporate tax exemptions that have gone into effect on his watch should raise a few eyebrows. Going into his fifth year in office, there have been at least 113 bills filed that deal with tax exemptions of one description or another. Some of those were duplicates and not all of them passed, of course.

Nor did all of them call for corporate tax breaks, but most did.

Figures provided by the Louisiana Department of Revenue reveal that for Fiscal Year 2006-07, the year before Jindal took office, corporate income taxes were $721 million against exemptions of $972 million.

For FY 2009-10, the last year for which figures were available—and three years into his first term—corporate income taxes dropped by more than half to $435 million while exemptions surged to $1.3 billion.

In some cases, there was not even an accounting of money lost to corporate income tax exemptions. Take the Louisiana Superdome and Zephyr Field, for example, both managed by SMG, Inc.

The Department of Revenue Report on Corporation Income Tax, under the heading “Exemption for Events, Activities, or Enterprises Conducted in Domed-stadium or Certain Baseball Facilities,” made the following observation:

“Any event, activity or enterprise conducted in certain domed-stadium (that would be the Louisiana Superdome) or any open baseball site owned and operated by the state (Zephyr Field), or any of its agencies, boards or commissions, with a seating capacity of at least 10,000 and has a professional sports franchise that participates in Class Triple A professional baseball is exempt from all state and local taxes. The purpose of this exemption is to promote use of the domed stadium.”

Under the heading “Beneficiaries,” was the explanation that “The increased use of the dome-stadium facilities benefits the state and its residents.”

Under the heading “Estimated Fiscal Effect,” the explanation was even more ambiguous. “We are unable to estimate the fiscal effect; there is no reporting requirement for the data.”

This is an exemption that went into effect on May 23, 1985, more than 26 years ago and there is no way to estimate the fiscal impact? There is no reporting requirement for the data?

Well, neither was any data as to the fiscal impact of the sales tax exemption for “state-owned domed stadiums” or sales by “certainly publicly-owned facilities.” Neither was there any explanation as to why state-owned domed stadium was pluralized.

At the same time, sales tax collections for 2006-07 totaled $2.8 billion while exemptions came to $688 million. By 2009-10, sales tax collections had dropped to less than $2.5 billion while exemptions had leaped fivefold to $3.9 billion.

The Stelly Plan that had eliminated sales taxes on food, drugs and household utilities and replaced them with income taxes was repealed under Jindal. That contributed to a decrease in individual income tax collections from $3.1 billion to $2.2 billion while exemptions more than doubled, from $519,000 to $1.1 billion.

The year-to-year total tax revenue losses from all exemptions are as follows:

$1.07 billion in FY 2004-05; $1.13 billion in FY 2005-06, and $2.55 billion in FY 2006-07.

The projected revenue loss for FY 2007-08 was $2.57 billion and $2.8 billion for FY 2008-09, according to the Department of Revenue report for FY 2006-07, former Gov. Kathleen Blanco’s last year in office.

Instead, the actual revenue lost to exemptions for 2007-08 was $6.7 billion, $4.1 million more than the projections. It was more of the same for 2008-09, when lost revenue was $7.2 billion, more than double the estimate. For FY 2009-10 tax exemptions accounted for revenue losses of $7.1 billion and were projected to drop slightly to $6.68 billion for the fiscal year ended last June 30 and back up slightly to $6.8 by June 30 of this year.

While all these figures admittedly are mind-numbing, it is nevertheless important to know that the five-year (FY 2004-05 through FY 2008-09) loss of revenue to the state treasury comes to $18.7 billion.

The combined unfunded accrued liability (UAL) of the state’s four retirement systems?

$18.3 billion.

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“Saying that promises are being kept and keeping promises are two different things.”

“The retirement benefits of current employees are part of the package of compensation they were promised when hired; any change to that package is breaking the promise made to those employees.”

–Cindy Rougeou, executive director of the Louisiana State Employees’ Retirement System (LASERS) in a recent LASERS publication on its web page.

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