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Archive for the ‘Taxes’ Category

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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“It doesn’t raise taxes on businesses and families. It’s a strong reform budget. We’re going to continue to reduce the size of state government.”

–Commissioner of Administration Paul Rainwater, on the executive budget to be presented to the Joint Legislative Committee on the Budget on Thursday.

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Is it possible that by letting his national aspirations get in the way of the public will Gov. Bobby Jindal has betrayed the citizens of the State of Louisiana?

Is it possible that he ignored his own words written 14 years ago because he was blinded by the lights of a bigger and more alluring playing field?

Is it possible that the siren song of higher office may have drowned out the governor’s ability to hear his own constituents?

Is it possible that Jindal’s rhetoric about no new taxes coupled with his obsession with privatizing state agencies in exchange for a financial quick fix could have caused him to turn his back on $48 million in revenue for the state treasury?

Sadly, yes, yes, yes, and yes.

Is it also possible that the 11 House members who switched their votes on the attempt to override the governor’s veto of the cigarette tax renewal represented politics as usual in Louisiana?

Add one more shameful yes.

On the vote to renew the tax, there were 70 yeas, 30 nays, and five no-shows.

On the vote to override the governor’s veto of the tax renewal, only 58 displayed sufficient courage to stand up to Jindal–12 votes short of the necessary two-thirds needed.

Let’s take a look at the voting on the veto override:

Of the five no-shows in the original vote, two voted in favor of the override. They were James Armes (D-Leesville), and Barbara Norton (D-Shreveport).

Billy Chandler (R-Dry Prong), George Cromer (R-Slidell), and Noble Ellington (R-Winnsboro) were also absent on the first vote but came back to vote against overriding Jindal’s veto.

For the most gutless act, we turn to Mickey Guillory (D-Eunice), Clifton Richardson (R-Baton Rouge), and Charmaine Sitaes (D-New Orleans). Each of the three voted to renew the tax but wilted under pressure, choosing to take a walk on the override vote when they were really needed. Can you say spineless?

Of the 11 members who originally voted to renew the tax but switched their votes to help kill the override two were Democrats: Robert Billiot of Westwego and Jim Fannin of Jonesboro. The others were all Republicans: Stephen Carter and Hunter Greene, both of Baton Rouge, Nancy Landry and Joel Robideaux, both of Lafayette, Charles Chaney of Rayville, Frank Hoffman of West Monroe, Kay Katz of Monroe, Tom McVea of Jackson, and Thomas Willmott of Kenner.

You think that’s bad? As the TV commercials say, “Wait. There’s more.”

Just where was the Louisiana Baptist Convention in the days leading up to the override vote?

Good question.

Apparently all those trips in the state helicopter to Protestant churches scattered across the north Louisiana landscape has paid huge political dividends for the governor.

Good move, Guv. Apparently it’s not enough that congregation members can set themselves up for future campaign solicitations by obligingly providing their names, phone numbers, and email and mailing addresses when you pass around your clipboard at those church services.

But now Jindal’s staff chooses to lobby the Louisiana Baptist Convention into submission only weeks after the organization joined with other faith leaders to call for tripling the state’s cigarette tax to 36 cents. The state’s cigarette tax currently is one of the lowest in the nation.

Jindal’s Chief of Staff Timmy Teepell claims he offered no tradeoffs and that his meeting with Rev. John Yeats, director of communications for the Louisiana Baptist Convention, was simply a “gentlemen’s meeting,” with no pressure applied. He said he just wanted to meet with officials of the organization so he could explain the administration’s anti-tax increase position.

Yeah, right. And Rep. Ernest Wooton (I-Belle Chasse) confided to his fellow House members prior to the vote that he hoped there was a Santa Claus.

So how would Teepell, or Rev. Yeats, for that matter, explain how the Louisiana Baptist Convention went from advocating that the state’s cigarette tax be tripled to going strangely quiet on the override vote—after the “Come to Jesus” meeting with Teepell?

Jindal insisted that the renewal of the 4-cent-per-pack tax, scheduled to expire in 2012, was a new tax. That took a huge leap of faith, bad pun intended. Moreover, the governor didn’t even attempt to reconcile his position to veto the renewal of an existing tax with his support of increased tuition at state colleges and universities.

Nor did he distinguish that position from his advocacy of a 3 percent increase in state employee contributions to their retirement contributions—money not earmarked to pay down the unfunded liability of the retirement fund, but instead to help close a $1.6 billion state budget deficit.

When is a new tax not a new tax? Apparently when it’s a fee increase.

Here’s what some of Wooton’s colleagues had to say in support of the override in the hours leading up to the failed effort:

Juan LaFonta (D-New Orleans)—“You cannot threaten or intimidate somebody who stands for what is right and stands up as a leader.”

Eddie Lambert (R-Gonzales)—“I’m a Republican, a fiscal conservative, but this (override) is the right thing to do.”

Sam Jones (D-Franklin)—“It seems we have no problem in taxing the dreams of our kids by raising tuition over and over.”

Elton Aubert (D-Vacherie)—“I ask you today if nobody lobbied you on this bill and you had to make a conscious decision on what you know to be right, how would you vote?”

Hollis Downs (R-Ruston)—“There’s a time for politics and a time for principle. This time, principle trumps politics.”

H. Bernard LeBas (D-Ville Platte)—“Be the voice of the people back home and not the voice of the people in the back of the chamber.” (Teepell and other members of the governor’s staff observed the vote from the rear of the chamber.)

Barbara Norton (D-Shreveport)—“We have an opportunity to let our light shine throughout the state. Let’s stand as a full body.”

Thomas Carmody, Jr. (R-Shreveport)—“My seatmate has said repeatedly, ‘Is no one going to go down and defend the governor on this?’ Damn, y’all, I can’t! Why? Because this does not make common sense.”

Jerome Richard (I-Thibodaux)—“I’m not voting for a tax increase, but this is not an increase. I voted for a renewal and I’m gonna stick by it.”

• House Speaker Jim Tucker (R-Terrytown)—“I don’t like objecting to a position my governor has taken. When two men agree on everything, only one man is thinking. That’s the case today. I have to vote to override to maintain my integrity. I urge all of you to maintain your integrity today so you’ll sleep well tonight.”

• HB 591 author Harold Richie (D-Bogalusa)—“There’s nothing I can take away from you, nothing that I can give you except the opportunity to vote your convictions and vote for your people back home.”

Walt Leger (D-New Orleans)—“ If you vote against (the override) you will be initiating a tax. You will be creating a $50 million hole in the budget. Think about what was said to you when you were asked not to override the veto.”

John Bel Edwards (D-Amite)—“ It takes a lot of courage to take on the governor, especially when he is demonstratively and egregiously wrong.”

Joe Harrison (R-Gray)—“There’s one way to avoid the tax: stop smoking.”

Wooton—“Man up.”

Jeffery Arnold (D-New Orleans)—“I told my mother this morning that I didn’t know if we had the votes to override. Her response was, ‘That’s stupid.’”

Ricky Hardy (D-Lafayette)—“Our governor raised the price of education and lowered the price of cigarettes. What’s wrong with this picture?”

But for the best, most revealing quotes of all, we need only go directly to the source of all the controversy—Gov. Jindal himself.

It was 14 years ago, 1997, when the Secretary of the Louisiana Department of Health and Hospital, a 26-year whiz-kid named Bobby Jindal authored a 10-page paper entitled “Choice-Sensitive Health Costs.”

Here, then, are excerpts of that paper, in the governor’s own words:

“Smoking is blamed for more deaths than all cancers not caused by tobacco combined.”

• “….Smoking causes 7.3 percent of the nation’s health care costs. Inflated to $21.2 billion in 1983 dollars, this corresponds to $87 per American or $393 per adult smoker.”

“It is unfair to others without these habits to take resources away from them to cover the health care expenses of risk-takers.”

“The enormous health care costs generated by unhealthy lifestyle choices cannot be ignored as society attempts to frame a health care system which is both just and efficient.”

• “….Studies cited document billions of dollars in health care costs and millions of years lost to premature deaths caused by smoking.”

“Some non-smokers are beginning to question why they should subsidize the health expenditures of others.”

“Though cigarette prices have been rising 6 percent to 19 percent every year since 1980, federal excise taxes stayed constant at 16 cents a pack from 1983 until the 1990 budget crisis.”

“Reducing cigarette consumption would dramatically improve Americans’ health status and lower expenditures.”

“Currently, the 24-cent-per-pack federal tax raises $5.2 billion annually.”

“Raising the tax would also reduce the incidence of smoking; every 10 percent increase in cigarette prices reduces adult demand by 4 percent and teenage demand by 12 percent to 14 percent.”

Wait. What? Did he really say that increasing taxes on cigarettes would reduce the incidence of smoking?

Yep.

Anyone see a potential TV ad for a Democratic opponent?

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“This veto is not the fruit of wise leadership. There’s a time for politics and a time for principle. This time, principle trumps politics. Tobacco, if not already legal, would be an illegal drug. It is the worst legal substance human beings can place inside their bodies. Don’t be on record today as supporting its use.”

Rep. Hollis Downs (R-Ruston), urging fellow House members to override Gov. Bobby Jindal’s veto of the 4-cent cigarette tax renewal. The override effort fell 12 votes short.

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The administration of Gov. Bobby Jindal continues to cloak itself in a veil of secrecy despite the governor’s spurious boasts of having the most transparent administration in America.

His actions fly in the face of his bogus claims of accountability and openness.

After his ridiculous and shameless exhibition of releasing his birth certificate—as if it mattered or more significantly, as if anyone cared—one would think he’d be eager to comply with a simple request to divulge his federal income tax returns.

One would think wrong.

One would think that after the public relations disaster that occurred at the confirmation hearings of his secretary of the Department of Health and Hospitals, he would be equally eager to comply with a public records request as to the identity of the financial analyst selected to conduct an assessment of the Office of Group Benefits.

Again, one would think wrong.

LouisianaVoice made both requests—in vain, it turns out….again.

Not that we’re surprised; this administration doesn’t even respond to legislative committees. Why should we be any different?

We thought it would great to let all those north Louisiana Protestant churches that Jindal loves to visit know how well the governor backs up the talk with the walk. In other words, does he back his professed belief with support of his church? That information would be contained in his federal tax return, so we made the request.

It wasn’t an original idea. The San Antonio Express recently published an interesting story about Texas Gov. Rick Perry and his religious commitment. Perry, the story said, earned almost $2.7 million from 2000, when he became governor, through 2009.

Any good Baptist will tell you that you should to tithe 10 percent. Perry’s donations to churches and religious organizations totaled $14,243—one-half of one percent, or one-twentieth of the minimum recommended dosage.

Surely Jindal would not be so crass. Certainly, he would reveal what a generous giver he is. After all, he appears to like nothing better than jumping in a state police helicopter and hopping up north to visit a church in say, Shongaloo, Haughton, or Mansfield.

So, we asked.

The response, from Elizabeth B. Murrill, deputy executive counsel to the governor, was short and sweet:

“We are in receipt of your public records request for copies of Governor Jindal’s federal income tax returns for the years 2003 through 2010. These documents are not public record.”

We’ve been writing for some time now about Jindal’s efforts to privatize the Office of Group Benefits (OGB). After negotiations with Goldman Sachs fell through pursuant to a request for proposals (RFP) for a financial analyst to conduct an assessment of OGB, the Division of Administration (DOA) promptly issued a second RFP.

The deadline for the submission of proposals on the second RFP was June 6 with the “probable” date for naming of the financial analyst being June 15.

LouisianaVoice learned that on June 6, a representative or representatives of DOA appeared at OGB and retrieved the proposals, reportedly from three companies, including Goldman Sachs.

June 15 came and went, so we called DOA Chief of Staff Dirk Thibodeaux and his answer was decidedly curt. “If you read the RFP, you saw that June 15 was a tentative date,” he said.

“Well, since today is June 15, has there been a tentative decision?” we asked.

“No.”

So, we waited a few more days and asked again—this time as a formal public records request.

The response was clear indication that DOA has dug in its heels:

“In accordance with R.S. 44:1, et seq., this letter acknowledges our receipt of your correspondence dated June 15, 2011, where you have requested information regarding ‘the selection of the financial analyst chosen pursuant to the RFP…on behalf of the Office of Group Benefits.’

“Having reviewed your request, we are able to inform you that the Division does not possess the requested records. Furthermore, no such record exists.”

By now, it’s clear that DOA is determined to conceal public information, even to the point of lying, so we fired off another email:

“We are getting quite weary of the Division of Administration’s policy of dodging legitimate questions to which the public has a full and complete right to know the answers. Now you are beginning to play with semantics. You have taken the word ‘records’ and used it as the basis on which to deny our requests.

“So, now we will try a different approach.

“We are aware that on the day the proposals were due at the Office of Group Benefits by close of business on June 6, 2011. We are also aware that on that date, a representative or representatives of the Division of Administration appeared at OGB and took possession of the proposals. Further, we are aware that the ‘probable’ date for the naming of the financial analyst was June 15, 2011.

“You have chosen to split hairs by seizing on the terminology of ‘public records,’ denying there were any ‘records’ that would be responsive to my request. Accordingly, we are now making the same request but applying that request to ‘public business’ as defined in the applicable section of the law below.”

“The Louisiana Open Meeting Law under R.S. 42:4.1 through 10 provides the methods by which public meetings are conducted. The statement of purpose of the Open Meetings Act states, ‘it is essential to the maintenance of a democratic society that public business be performed in an open and public manner and that the citizens be advised of and aware of the performance of public officials and the deliberations and decisions that go into the making of public policy.”

“We are all aware that you (a) have the proposals and that you are (b) withholding information on ‘the performance of public officials and the deliberations and decisions that go into the making of public policy.’ The citizens of Louisiana are legally and morally entitled to know what our government is doing. Gov. Jindal has repeatedly boasted of his ‘open and accountable’ and ‘transparent’ administration.

“We have played games long enough. We want this information and we want it in a timely fashion.”

We’re betting that this “open, transparent, and accountable” administration will ignore our request and continue to withhold information that you, the voting public, are legally and morally entitled to know.

We’re pretty sure of this because when the administration did comply with a routine request for innocuous records recently, we were instructed to make an appointment with one Kara Allen of DOA to arrange to pick up the documents. We did and she was kind enough to give us an appointment for 1:00 p.m. the next day.

When we showed up at the guard desk of the Claiborne Building, the guard called up to the seventh floor. Instead of allowing us into the DOA offices, a student worker was sent downstairs to the guard station with the documents.

We first thought that perhaps we must be carriers of some dreaded disease. But now we know that the disease exists in the administration itself and that its victims fear that a little sunshine may be lethal.

Whether the administration is responsive or not, we will have made our point.

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