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Archive for the ‘Taxes’ Category

If you should peek into the fiscal cortex of a Republican legislator’s brain, you’d see a mish-mash of conflicting ideas that’re reflective of the disastrous Jindal years, more than four years after he left office.

Apparently, the disciples of Grover Norquist learned little of the economic misrule that was emblematic of the Jindal years of consecutive budgetary shortfalls brought about by the eight-year orgy of tax cuts and tax exemptions granted for Walmarts and Family Dollar stores across the length and breadth of Louisiana.

Jindal repeatedly used one-time money to fund recurring expenses—until, that is, he was halfway out the door when it suddenly occurred to the so-called legislative “fiscal hawks” to do what they should’ve done years before—impose limits on how governors could use that one-time money to plug gaping holes in the state budget.

I suggest that they’ve learned little because, believe it or not, they’re at it again.

Exhibit A: Those fiscal hawks, taking full advantage of the drop in state revenue caused by the coronavirus shutdown, are attempting to cut spending for such luxuries as teacher pay, police protection, health care for the poor and housing state inmates. Read Tyler Bridges’s story about that HERE.

Exhibit B: Reps. Rick Edmonds (R-Baton Rouge) and Stuart Bishop (R-Lafayette) have submitted a couple of house concurrent resolutions that would grant an additional $1.1 billion in tax breaks to the oil and gas industry and corporate franchisees.

Edmonds’s HCR 43 would suspend the corporate franchise tax until 2021 at a cost of $413.6 million to the state.  To see the legislative fiscal notes to HCR 43, go HERE.

Exhibit C: Sen. Mark Abraham has introduced SB 272 which calls for a constitutional amendment to allow industrial corporations to establish the amount they pay in local property taxes through private negotiations.

Bishop’s HCR 65 would suspend severance taxes levied on oil, natural gas, distillate and condensate “from the date of adoption of the resolution through the 60th day following final adjournment of the 2021 legislative session” and would cost the state $693.8 million, according to the FISCAL NOTES.

How’s that for fiscal responsibility? In the face of shrinking revenues, we’re going to give huge breaks to the corporations—just like always—while popping it to the middle class.

And we wonder why we continue to wallow in the mud at the bottom of all the good economic indicators while other states stroll past on the nice, dry sidewalk. We in Louisiana are the ragged street urchins of a Dickens novel and the legislature is our Uriah Heep.

Ask yourself, local butcher shop proprietor, do you get the opportunity to “negotiate” your tax rate? Ms. dress shop owner, have you been granted any tax breaks lately?

Ms. dress shop owner, have your taxes been suspended?

Mr. and Mrs. Bakery owners, have you been exempted from paying your annual business license fee?

I’m going out on a limb and venturing the answers to those three questions are no, no and no.

But then, unlike the oil and gas companies, you probably didn’t pour thousands of dollars into legislative political campaigns or hire a team of lobbyists to protect your interests at the State Capitol. And the Louisiana Association of Business and Industry (LABI) doesn’t speak for you because it’s too busy taking care of the big boys.

Jan Moller, director of the Louisiana Budget Project, pretty well summed it up when he said, “Louisiana is facing an unprecedented economic crisis, and we all need to do our part. But instead of looking out for front-line workers and their families, the Legislature is proposing more than $1 billion in new tax breaks for corporations. These tax breaks would come at the expense of students, families and workers who need Louisiana’s help now more than ever.

“The Legislature’s first priority should be to help those who’ve been hurt most by this pandemic – not the state’s largest corporations. Please join us in calling on the House Ways and Means Committee to reject these ill-considered giveaways,” he added.

To which we can only add, “Amen.”

 

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The hits just keep coming.

Another victory in a public records lawsuit—sort of—while a state tax official goes and gets himself arrested for payroll fraud, and three members of the Louisiana State Police Commission (them again?) find themselves on the hotseat for apparent violations of state regulations that already cost some of their predecessors their positions.

All in a day’s work in Louisiana where the sanctimonious, the corrupt, the unethical, and the unbelievable seem to co-mingle with a certain ease and smugness.

The Lens, an outstanding non-profit news service out of New Orleans, has just won an important fifth with the Orleans Parish District Attorney when the Louisiana Supreme Court DENIED WRITS by the district attorney’s office in its attempt to protect records of fake subpoenas from the publication.

The Fourth Circuit Court of Appeal in October had AFFIRMED a November 2017 ruling by Orleans Civil District Court which had ordered the DA to turned over certain files pursuant to a public records request dating back to April 2017.

As in other cases reported by LouisianaVoice, the court, while awarding attorney fees to The Lens, stopped short of finding that the DA’s denial of records was “arbitrary and capricious,” meaning the DA’s office would not be fined the $100 per day allowed by law for non-compliance with the state Public Records Act.

And because the district attorney was not held personally liable for non-compliance, he will not have to pay the attorney’s fees either; that will be paid by the good citizens of New Orleans.

And, in all probability, the next time the DA’s office or any other public official in New Orleans decides to withhold public records from disclosure, he or she will also skate insofar as any personal liability is concerned with taxpayers picking up the costs.

Until such times as judges come down hard on violations of public records and public meeting laws, officials will have no incentive to comply if there is something for them to conceal.

The records requests were the result of the practice by the DA of issuing FAKE SUBPOENAS (and this preceded Trump’s so-called “fake news”) to force reluctant witnesses to speak with prosecutors—a practice not unlike those bogus phone messages from the IRS that threaten us with jail if we don’t send thousands of dollars immediately.

The New Orleans Times-Picayune described the practice as an “UNDERHANDED TRICK.”

Meanwhile, former Livingston Parish Tax Assessor and more recently Louisiana Tax Commission administrator CHARLES ABELS has been arrested on charges of payroll fraud, improper use of a state rental vehicle and for submitting unauthorized fuel reimbursement requests for the vehicle.

Abels was elected Livingston Parish assessor, an office held up until that time by his grandfather, with 51 percent of the vote in 1995. He served only one term, however, being defeated by current assessor Jeff Taylor in 1999.

In 2002, he was hired as a staff appraiser by the Louisiana Tax Commission. He said at the time that he was a recovering alcoholic who was trying to turn his life around. He was promoted to administrator of the commission during the tenure of Gov. Bobby Jindal.

He was arrested last march on a domestic violence charge but the case was never prosecuted.

One LouisianaVoice reader, a longtime critic of the Louisiana Tax Commission, said Abel’s arrest came as no surprise and that the entire agency is long overdue a housecleaning. “Let’s hope that the State of Louisiana doesn’t wind up on the hook financially for any misdeeds,” he said.

And then there is the Louisiana State Police Commission (LSPC) which just won’t go away.

Almost three years ago, two members became the second and third to RESIGN after reports that they had contributed to political campaigns in violation of the Louisiana State Constitution.

So, you’d think their successors would’ve learned from their indiscretions, right?

Nah. This is Louisiana, where prior actions are ignored if inconvenient and duplicated if beneficial.

But then again, this is the LSPC that paid Natchitoches attorney Taylor Townsend $75,000 to not issue a report on a non-investigation into political contributions by the Louisiana State Police Association (LSTA), contributions that were not paid directly to candidates (including John Bel Edwards and Bobby Jindal), but funneled instead through the personal bank account of LSTA Executive Director David Young so as to conceal the real source of funds.

And now, we have three of the commission members who combined to contribute more than $5,000 to political campaigns during their terms on the LSPC), either personally or through their businesses.

Whether the contributions were justified as having be made by a business (as claimed by State Rep. Mark Wright, R-Covington) or whether the money was contributed to a political action committee as opposed to an individual candidate appears to make no difference; they are all strictly prohibited under state law.

Despite his earlier obfuscation on the issue, Townsend did provide some clarity on the legality of political activity. Quoting from the Louisiana State Constitution, Townsend said, “Members of the State Police Commission and state police officers are expressly prohibited from engaging in political activity. More specifically, Section 47 provides that ‘No member of the commission and no state police officer in the classified service shall participate or engage in political activity…make or solicit contributions for any political party, faction, or candidate…except to exercise his right as a citizen to express his opinion privately…and to cast his vote as he desires.’”

But the real kicker came from a headline in the Baton Rouge Advocate, which proclaimed, “Three State Police commissioners under probe for possible unlawful political donations.”

Buried in that STORY was a paragraph which said LSPC Chairman Eulis Simien, Jr.” tasked the commission’s Executive Director Jason Hannaman to conduct an investigation into the allegations and report back with the findings. Hannaman, a civilian administrator for the board, said Thursday he hoped to complete the report by next month’s meeting.”

Oh, great. An in-house investigation. That should do it. Get a subordinate to investigate his bosses. At least Taylor Townsend carried out the appearance of an outside, independent investigation—until he proved by his inaction that it wasn’t.

What are the odds of this being truly independent and candid?

 

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LouisianaVoice has expressed concerns about the industrial tax incentives, aka giveaway programs, for years. It has been our contention that while welfare cheats are an easy target for criticism, the money lost to fraudulent welfare and Medicaid recipients is eclipsed by the billions of dollars stolen from taxpayers in the form of industrial tax exemptions, incentives, and credits.

Of course, the Louisiana Association of Business and Industry would never concede that fact. Instead, they use the stage magician’s tactic of misdirection by claiming runaway lawsuits, organized labor, higher wages (they are especially terrified of an increase in the $7.25 minimum wage) and poor public education performance are to blame for Louisiana’s economic and social ills.

Never (not once) will one hear LABI point to poverty as a cause of the state’s low ranking in everything good and high ranking in everything bad. Never (not once) will one hear LABI, the local chambers of commerce, or the Louisiana Office of Economic Development call attention to the billions of dollars in relief given businesses and industry—from Wal Mart to Exxon—in the form of corporate welfare—leaving it to working Louisianans to pick up the check.

And all you have to do to understand how this has occurred is to follow the money in the form of campaign contributions to legislators and governors and visit the State Capitol during a legislative session and try—just try—to count the lobbyists. Better yet, you may do better by counting lobbyists and legislators following adjournment each night as they gather for steaks, lobster and adult beverages at Sullivan’s or Ruth’s Chris—compliments of lobbyists’ expense accounts.

And while LouisianaVoice has attempted to call attention to this piracy, an outfit called Together Louisiana has put together a 15-minute video presentation that brings the picture into sharp, stark focus. The contrast between two separate economies living side by side is stunning.

Stephen Winham, retired director of Louisiana’s Executive Budget Office called the video “a super good presentation of facts our decision-makers choose to ignore as they have for many, many decades.”

Winham went a step further in saying, “Our leaders seem to think we are all too dumb to understand this—and that’s a positive assessment. A more jaundiced view would be that they don’t want us to understand it.

“All we can do is keep on keeping on with our individual attempts to communicate this and let our elected officials know that we do understand and that we hold them responsible and accountable. Unfortunately, when I attempt to talk about this with individuals and groups, their eyes glaze over within minutes. I’m not going to stop trying, though, and neither should anybody else.

“I am happy to have this information in such a tight presentation,” Winham said.

So, with that, here is that video:

 

And if that’s not enough to convince you, THIS STORY was posted late Friday.

 

 

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Sean Morrison is fighting a tough battle in one of the reddest of a decidedly red state’s parishes. But he doesn’t make any apologies for his positions and he stands ready to take the fight to the special interests.

Morrison says he is not beholden to the Louisiana Association of Business and Industry (LABI) or any other special interest group in his quest to fill the unexpired term of District 90 State Rep. Greg Cromer who resigned to become mayor of Slidell on July 1.

In fact, Morrison, chairman of the St. Tammany Democratic Parish Executive Committee, took the rather unusual step of releasing a copy of LABI’s candidate QUESTIONNAIRE, the answers to which are virtually certain to keep him from getting the organization’s seal of approval—which is fine with him.

The survey, he said, “asked candidates to oppose policies that are good for working families like workplace fairness, job safety protections, access to justice for all Louisianans in our courts, access to high quality healthcare, promoting wage fairness, and an ongoing review of Louisiana’s billions in corporate tax giveaways.”

He said, “We need leaders in Baton Rouge who aren’t already influenced before they get there. I’m promising this: to fight hard to do what is right under the circumstances every single time,” Morrison said.

Born in Missouri, he grew up in Texas and moved around a lot as a child. From small towns like Egan, Louisiana, to Stillwater, Oklahoma, Sean saw all aspects of American life. His father, Michael, has worked in the oil and gas industry his entire career. His mother, Christy, is a school teacher in Houston.

Morrison studied political science, psychology, and philosophy at Tulane. He graduated with honors from Case Western Reserve Law School with a focus on international law and war crimes. He went to law school with one goal – to prosecute war criminals. Case Western Reserve had just the program, so Sean packed a U-Haul and drove it all the way from New Orleans to Cleveland. The gambit paid off. For six months he worked with the prosecution for the Special Court for Sierra Leone in the aftermath of their brutal civil war.

Following law school, he got a job working with a large Cleveland law firm. One morning he woke up and saw his whole future laid out before him. It was full of billable hours, corporate meetings, and Cleveland winters. So, he hopped on a plane to American Samoa and became a criminal prosecutor there. It was not long until the island was hit with a devastating tsunami. He immediately transferred to the Department of Commerce, where he worked on rebuilding the community, revitalizing its broken economy, and planning to prevent future disasters. “It was there that I learned that serving people through government was the most rewarding work anyone could do,” he says.

When he returned, he began working to conserve the Gulf Coast, it’s beaches, wetlands, and fisheries for future generations. He entered the job in the wake of scandal, as the Executive Director and others were jailed for corruption. As part of the new team, Sean helped reorganize the department, put in place new legal and fiscal systems, and rebuilt the reputation so that today the Department of Marine Resources is considered the gold standard of government in Mississippi (though Louisianans, after eight years of Bobby Jindal, are leery of anything bearing the label “gold standard”).

“I have dedicated my career to helping people through public service,” he says. “I have seen how the government is supposed to operate, and what gets in the way. Too often it is the legislators enacting laws that make it impossible to provide decent service to the people. As more and more politicians claim that there’s nothing to be done (and then set about proving it), I’ve come to know that all we need is public servants willing to roll up their sleeves, stop playing politics, and start doing the hard work of government. I have that experience and I can get the job done.”

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If you like political posturing, puffery, bombast, and breast-beating, then the reaction to that LETTER being sent out to 37,000 nursing home patients in Louisiana is tailor-made for political junkies like you.

The letter, sent out by the Louisiana Department of Health, got the desired reaction. CBS Evening News featured the story prominently in its Wednesday newscast, complete with a brief interview with Jim Tucker of Terrytown, operator of about a dozen nursing homes.

It’s interesting that Tucker was sought out for camera face time. He was Bobby Jindal’s Speaker of the House who abetted Jindal for eight years in gutting the state budget of services for the elderly and mentally ill. And now the roll him out in front of the cameras to cry wolf.

The Edwards administration tried to assure us, through Commissioner of Administration Jay Dardenne and LDH Secretary Dr. Rebekah Gee, that this is not Chicken Little, that the sky really will fall if budget cuts are not restored by July 1, the date that the state is projected to fall over the metaphorical fiscal cliff when $650 million in tax revenue falls off the books.

Typically, the reaction by Republicans in the legislature, the same ones who have steadfastly refused to face fiscal reality since the beginning of the Jindal accident in 2008, was to scream foul to anyone who would listen—and there were plenty who did.

Dr. Gee, of course, did her part, even tearing up as she explained to the TV cameras that hearts “are breaking over the need to do this. We can’t provide services with no money to pay for them.”

Dardenne added his bit, saying, “This letter is scary, but it’s not a tactic. This is the reality that we are facing.”

But House Appropriations Committee Chairman Cameron Henry (R-Metairie) gave the best performance. With a lock of hair hanging down over his forehead a-la the late Bobby Kennedy, he bleated, “This is premature at best, reckless at worst,” adding that the letter was designed “to scare the elderly of this state, and that is an embarrassment.” No, Cameron, you’re an embarrassment.

Ditto for Rep. Lance Harris (R-Alexandria), chairman of the House Republican Delegation, who called the letter an “unnecessary political scare tactic done to intimidate and frighten the most vulnerable people into believing they will be kicked out onto the streets if the governor doesn’t get everything he wants in the form of revenue.”

And Cameron Henry should understand that the legislature as a body is no less an embarrassment to those of us who have been forced to observe its collective ineptitude on a daily basis for 10 years now. To quote my grandfather, they couldn’t find a fart in a paper bag.

Lost in all the rhetoric is the hard fact that the administration might not have found it necessary to send out the letter—regardless whether it’s a scare tactic or reality—had the legislature made any effort to face up to its responsibility to the 4.5 million citizens of this state.

But here’s the real reality—and just remember where you read it:

Not a single nursing home patient is going to be evicted. Not one.

Want to know why?

Money.

And I don’t mean money to be appropriated by the legislature to properly fund state government, nursing homes included.

I’m talking about campaign money.

Lots of it. Tons of it.

Since 2014, individual nursing homes, nursing home owners, and nursing home political action committees have contributed more than $750,000 to Louisiana politicians, primarily legislators. Here is just a partial list of NURSING HOME CONTRIBUTIONS

And that’s just over the past four years.

More than $50,000 was contributed the campaign of Edwards.

Henry, the one who called out the administration for its “scare tactics,” received more than $10,000 since 2014.

Senate President John Alario also received more than $12,000 over the same time span.

Louisiana Public Service Commission member Foster Campbell said on the Jim Engster show on Louisiana Public Radio earlier this week that since he first ran for the legislature more than 40 years ago, the cost of seeking political office has become cost prohibitive. Foster said when he first ran for the State Senate in 1975, he borrowed $7,500 to finance his campaign. “Now, it costs hundreds of thousands of dollars” and the average person who wants to serve cannot afford to do so, he said.

I’ve always wondered why corporations and the wealthy who seem so concerned about “good government” don’t use their money to help others rather than lavish it on politicians. The money they throw at politicians and lobbyists could be put to such more productive use—but they don’t try because they don’t really care about good government. And every now and then, I can’t help wondering why that is.

But I don’t wonder about it long. The answer is obvious: power and influence.

And that’s a sorry commentary on our political system, from the local level all the way to the very top of the political pyramid.

And it’s for that reason that not a single nursing home resident will be evicted. By some miracle, repeated every year, it seems, extra money will be “found” to do what is politically expedient.

Because the money has already been spread around by those who buy influence and legislators.

Remember where you read it.

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