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“People are going from the Legislature to other branches of government and spiking their retirement benefits.”

–Sen. Dan Claitor (R-Baton Rouge) speaking in support of his Senate Bill 727 which would have prohibited lawmakers from leaving the legislature for high-paying state jobs and joining the Louisiana State Employees’ Retirement System (LASERS) to boost their retirement incomes–particularly at a time when the administration is trying to gut retirement benefits for rank and file state employees.

“We have a bad reputation in this state as legislators and public officials because we keep filing bills like this and telling people we are crooks.”

–Sen. Dan Martiny (R-Metairie), in a snit as he spoke out against Claitor’s bill, possibly because it might one day adversely impact his own retirement. The Senate defeated Claitor’s bill, thus doing nothing to dispel Martiny’s perception of legislative ideals.

Even as the administration pushes back floor debate on Gov. Piyush Jindal’s retirement reform for state workers, the full Senate on Wednesday made sure that its members were protected.

While thousands of state employees faced the uncertainty of their careers and retirement years, 35 members of the upper chamber, led by Sen. Daniel Martiny, a self righteous Metairie Republican, flipped a collective bird at state civil service workers in particular and Louisiana citizens in general.

And worst of all, Martiny had the unmitigated gall to accuse a Senate colleague of grandstanding.

Pot, meet Kettle. Kettle, Pot.

The furor was over Senate Bill 727 by Dan Claitor (R-Baton Rouge), which would have barred a few members of the Senate and a couple of former members from membership in the Louisiana State Employees’ Retirement System (LASERS).

The legislature passed a law a few years back prohibiting members of the House and Senate from joining LASERS but the law “grandfathered in” those legislators who were already LASERS members.

Martiny is one of those. The others are Sharon Weston Broome and Yvonne Dorsey-Colomb, both Baton Rouge Democrats, Ed Murray (D-New Orleans) and John Smith (R-Leesville).

Claitor’s bill also would have provided that any legislator who is presently a member of LASERS as of June 30, 2012, may retain accrued service credit but that those members “on and after July 1, 2012, be ineligible to be a member of the system” and that employee and employer contributions would cease as of July 1.

Had the bill passed, it would have adversely affected two formers members of the legislature—former Rep. Noble Ellington (R-Winnsboro) and former Sen. Troy Hebert (D-Jeanerette).

Ellington, the immediate past national president of the American Legislative Exchange Council (ALEC), did not seek re-election last fall after 24 years in the legislature. He was promptly hired to the number-two job in the Department of Insurance at $150,000 even though Insurance Commissioner Jim Donelon said at the time of his hiring that Ellington had virtually no experience in insurance.

Hebert was hired by Jindal to head the Louisiana Alcohol and Tobacco Control Board at $107,800.

Their higher salaries stand to have a significantly positive impact on their retirement incomes—at a time when Jindal is attempting to rip the heart out of state employees’ retirement by making them pay more and to work longer to qualify for fewer benefits.

Claitor said legislative pay ranges from $30,000 to $38,000 per year but now that Ellington’s retirement can be based at least partially on his higher salary, he stands to reap much greater benefits.

Martiny, with a flair for the obvious—and the dramatic—pouted and then ranted in arguing against Claitor’s bill.

In short, he threw a hissy fit.

Of course, being one of the five senators who are still members of LASERS, he had no dog in that hunt; nothing self-serving there by the good senator.

No retirement reform for legislators either—just for state civil service employees. Screw the employees but take care of our own.
Can you say “double standard?”

Ellington and Hebert “are doing the job,” he said of the two former legislators-cum-unclassified fat cats.

How would he know what kind of job Ellington is doing? For that matter, what does he know about Hebert’s job performance? Has he seen their personnel performance evaluations?

Could it possibly be that he would lavish such praise because all three are current or former members of ALEC?

ALEC is a tight fraternity comprised mostly of Republican legislators from across the U.S., but there are a few Democrat members as well, including fellow senators Francis Thompson of Delhi, David Heitmeier of New Orleans, Elbert Guillory of Opelousas, and Ben Nevers of Bogalusa.

In fact, no fewer than 16 of the 39 members of the Louisiana State Senate are members of ALEC.

They include Senate President John Alario (R-Westwego), Robert Adley (R-Benton), Norbert Chabert (R-Houma), A.G. Crowe (R-Pearl River), Heitmeier, Gerald Long (R-Natchitoches), Martiny, Dan Morrish (R-Jennings), Nevers Neil Riser (R-Columbia), Thompson, Mike Walsworth (R-West Monroe), and Mack “Bodi” White (R-Central).

To a person, they were among the 35 senators who effectively defeated Claitor’s bill by returning it to the calendar where bills go to die.

Only two joined Claitor in voting against killing the bill. They were Karen Carter Peterson (D-New Orleans) and Jody Amedee (R-Gonzales).

We would never say that ALEC money may have influenced the vote but consider this: thirteen of the 35 senators who voted to kill the bill received a combined $239,600 from ALEC member corporations and when you add the $65,000 received by Ellington while he was in office, that total jumps to $304,600.

Perhaps there’s no connection between the vote and the ALEC corporations but certainly is peculiar how ALEC beneficiaries all tend to vote together on controversial issues.

Here’s the breakdown on contributions by ALEC:

• Alario—$14,500;

• Adley—$49,900;

• Chabert—$7,000;

• Crowe—$3,000;

• Heitmeier—$8,000;

• Long—$26,000;

• Martiny—$36,000;

• Morrish—$5,500;

• Riser—$7,000;

• Thompson—$8,000;

• Walsworth—$9,000;

• White—$8,500;

• Guillory—$45,200.

“We have a bad reputation in this state as legislators and public officials because we keep filing bills like this and telling people we are crooks,” Martiny said during floor debate. “It’s sad when we have to grandstand on one another.”

Well, Senator, we never said you were a crook. Those are your words.

As for our description of your performance, however, arrogant, idiotic, duplicitous, hypocritical, embarrassing buffoonery does come to mind.

And yes, it indeed is sad when you grandstand.

Because we are watching.

“It looks like we just give sort of a blank check to the Department of Economic Development, and it doesn’t come from their money. It comes from the treasury.”

–State Rep. John Schroder (R-Covington), in questioning whether sufficient accountability and reporting was being required of the Louisiana Office of Economic Development in its push for even more corporate tax breaks even as it was announced that the state would have to cut another $215 million in expenditures this year.

It’s long past the time when the people of Louisiana should get their collective heads out of the sand and take an objective, educated look at the state’s budgetary crisis.

The Revenue Estimating Conference Tuesday announced that the state must slash expenses by another $210 million because of drops in anticipated revenue.

The Revenue Estimating Conference, comprised of LSU economist Jim Richardson, House Speaker Chuck Kleckley (R-Lake Charles), Commissioner of Administration Paul Rainwater and Senate President John Alario (R-Westwego), monitors state expenses and revenues on an ongoing basis.

On Tuesday, the four heard a presentation from Greg Albrecht, chief economist for the Legislative Fiscal Office. The news was bleak and the four officials dropped the revenue forecast for the coming year by $304 million.

But it’s not as if no one could see this train wreck coming.

Much like the tribulations currently being visited upon the New Orleans Saints, the state’s fiscal woes are 100 percent self-inflicted.

As the Ol’ Perfesser, former New York Yankees manager Casey Stengel, would say if he were still with us: “You can look it up.”

We did.

And while it come as a surprise to members of the House and Senate, the information from the Louisiana Department of Revenue is right there in a little known but readily available publication entitled Tax Exemption Budget 2011-2012.

The real puzzle is why no one else has bothered to ferret out this data. Why go to the expense and bother to publish it if no one in a decision-making position is even going to bother to read it?

But before we get into that report, let’s take a quick look back to May of 2008, four months after Gov. Bobby Jindal took office.

The state at that time was flush with money, thanks to federal funds dumped into the state to aid in the recovery from the devastation of hurricanes Katrina and Rita.

Never content to grapple with fiscal prudency, legislative leaders and Jindal conducted a series of backroom discussions—as usual, out of eyesight and earshot of the public. Jindal emerged, beaming, to announce the good news: the highly regarded Stelly Tax Plan was being scrapped.

The bill, Senate Bill 87 by Sen. B.L. “Buddy” Shaw (R-Shreveport), rolled state income tax rates back to 2002 levels in January of 2009.

Jindal trumpeted that the bill would save single filers as much as $500 a year and joint filers $1,000.

What the governor did not say—but Albrecht did—was that single filers would have to make as much as $90,000 per year to reap the $500 savings and joint filers would have to make more than $150,000 to save the maximum $1,000.

With a median household income of $43,733 in Louisiana in 2008, the Stelly repeal, while obviously a welcome break for the wealthy, was of no benefit whatever to middle- and low-income Louisianans.

Albrecht also said the total cost to the state treasury would be about $300 million per year, beginning in the 2009-2010 budget cycle.

Perhaps at this point it’s worth reiterating the most recent loss of revenue as projected by the Revenue Estimating Conference: $304 million.

Now to the Revenue Department’s Tax Exemption Budget.

The document is a mind-numbing 409 pages but one does not have to examine every page to see what has happened in Louisiana over the past few years.

In fact, pages 6 and 17 pretty much tell the story.

Page 17 provides a year-by-year summary of revenue losses from various tax exemptions granted by the state. The exemptions include corporate and individual income taxes, sales taxes and severance taxes, among others.

The combined four-year total for all tax exemptions shows that the state has lost a little more than $18 billion since the 2008-2009 fiscal year, which began on July 1, 2008, six months after Jindal took office.

Much has been made by the administration of the unfunded accrued liability (UAL) of the state’s four retirement plans.

That combined UAL? $18.3 billion.

The breakdown shows a four-year loss of $5.6 billion in corporate income tax exemptions and another $5.6 billion in sales tax exemptions. Individual income tax exemptions account for an additional $4.2 billion and severance tax exemptions were another $1.5 billion.

Page 6, however, was the most revealing in that it illustrates the disparity between the corporate income taxes paid and the sales and income taxes paid by individuals in Louisiana in Fiscal Year 2010-2011.

• Corporate income taxes—$198 million;

• Estimated corporate income tax exemptions—$1.46 billion;

• Total potential collections—$1.58 billion;

• Percentage of corporate income tax loss—88.1 percent.

The state was not nearly so generous with individuals.

• Total sales tax collections—$2.67 billion;

• Estimated sales tax exemptions—$1.39 billion;

• Total potential sales tax collections—$4.06 billion;

• Percentage of sales tax loss—34.3 percent.

Sales taxes, of course, are paid by everyone. Even the poorest of the poor pay the same sales tax rates as the most wealthy, making sales taxes one of the most unfair.

Individual income tax collections were no kinder.

• Total individual income tax collections—$2.39 billion;

• Total individual income tax exemptions—$1.13 billion;

• Total potential individual income tax collections—$3.52 billion;

• Percentage of individual income tax loss—32.1 percent.

To recap, the state collects only 11.9 percent of the potential corporate income taxes while exempting the remainder.

With sales and individual income tax, however, collections were 65.7 percent and 67.9 percent, respectively.

With this administration, the solution such an uneven playing field is obvious: more corporate tax breaks.

Jindal is pushing a package of bills that will award new tax breaks to businesses that are considering relocating or expanding into Louisiana.

And of course, the House overwhelming approved all three bills even though the Legislative Fiscal Office estimated the state could lose millions of dollars in tax income.

But Rep. Joel Robideaux (R-Lafayette) said the cuts would generate more tax dollars for Louisiana than the breaks will cost the state in lost revenue.

One bill, approved by a vote of 86-9 will give a payroll tax cut of between 6 percent and 15 percent for creating high-paying jobs with health care benefits. The question that was never asked was, where are the lower-paying jobs?

A 25 percent rebate over five years on relocation costs for companies moving corporate headquarters to Louisiana was approved by a vote of 81-13.

Finally, a bill calling for a different way to calculate state corporate income and franchise taxes, thereby lessening tax payments for participants, passed unanimously, 100-0.

So, while Jindal’s Deputy Chief of Staff Kristy Nichols testifies in favor of gutting retirement benefits for state employees, lamenting, “We’re drowning in debt,” her boss keeps on keeping on with lucrative tax breaks for his corporate friends, many of them campaign donors.

The rest of you?

May 15 is the deadline for paying your “fair share” in state income taxes.

Don’t be late. The state needs the revenue.

“The opera ain’t over until the fat lady sings.”

–Generally attributed to Texas Tech Sports Information Director Ralph Carpenter, during the 1978 finals of the Southwest Conference basketball tournament.