Local TREND. Can Texas cities impose a soda tax?

  • May 16, 2018

City Attorney: Corpus Christi

Corpus Christi City Attorney opinion on whether Texas cities can impose a soda tax? No. No legislative authority for a local soda tax.

KRISTV.COM | Fact Check: Can Corpus Christi impose a “soda tax”?

SCHOOL FINANCE TREND. Anatomy of Educational Savings Accounts Moved into a Tax Bill in Red State

  • May 15, 2018

State: Indiana

The stand alone Educational Savings Account Bill:  Would epxands 529 college savings plans to K-12 education. HB 1039 (2018 | IN)

The amendment to a tax bill: 

  • HB 1316 (2018 Special Session 1 | IN )
  • A omnibus tax bill 
  • In a special session
  • To get around the failed regular session bill
  • The key text:
    • Defines qualified K-12 education expenses”
    • Tying the definition to 529 accounts

WBAA | Lawmakers Revive College Savings Plan Expansion In Key Tax Bill

  

Local TREND. Revenue Receipts for Soda Tax Exceed Estimates. the numbers:

  • May 14, 2018

The locality with a soda tax: Seattle

The Seattle soda tax: 1.75 cents per ounce tax on sugary beverages, syrups and concentrates

The revenue estimate:  $3.7 million per quarter

The actual revenue recieved:  For 2018 first qaurter, $4,082,015

Governing | Seattle Soda Tax Revenue Is Exceeding Projections

State Legislative Impacts of US Supreme Court Legalized Sports Betting.

  • May 14, 2018

5: Number of states with statutes permitting sports betting in 2018

  • Connecticut
  • Mississippi
  • New York
  • Pennsylvania
  • West Virginia

4: Number of States with statutes that permitted sports before 2018

  • Delaware
  • Montana
  • Nevada
  • Oregon

Moody’s Investors Service report: sports betting in Nevada is 2% of its gambling revenue

Governing | How the Sports Betting Ruling Will Impact State Budgets

Texas May Local Bond Election Results Comparison to Previous Years. Just Numbers. No Fluff.

  • May 14, 2018

May 2018 Local Bond Election:

  • Approved: 62
  • Defeated: 29 

May 2017 Local Bond Election:

  • Approved: 69
  • Defeated:  28

May 2016 Local Bond Election:

  • Approved:  82
  • Defeated: 26

10 States. Top GDP Growth Details. Just the facts. No Fluff.

  • May 10, 2018

  • Washington
    • 4.4% growth
    • e-commerce
    • telecommunications
    • software
  • Colorado
    • 3.6% growth
    • oil and gas
    • real estate
  • Nevada
    • 3.5% growth
    • real estate
    • durable goods manufacturing
    • tourism
  • Arizona
    • 3.2%
    • health care
    • retail
  • Utah
    • 3.1%
    • professional, scientific and technical services
    • technology
  • California
    • 3.0%
  • Georgia
    • 2.7%
  • Idaho
    • 2.7%
  • Massachusettes
    • 2.6%
  • Texas
    • 2.6%

Bureau of Economic Analysis

Governing | States With the Top GDP Growth

Revenue Estimates vs. Revenue Reality. Marijuana Tax. Golden State.

  • May 9, 2018

What was the projected revenue from the California marijuana tax for 2018, January to March? 

 $175 Million

What was the actual tax revenue from the marijuana tax for January to March 2018?

 $34 Million

Sacramento Bee | California’s marijuana tax collections lag below expectations

Lege TREND. Investment Income to Fund General Revenue in the Alpine Forget-Me-Not State

  • May 9, 2018

State: Alaska

The Legislation: Senate Bill 26 (2018 | AK) 

What revenue funds Alaska’s Permanent Fund?  The  40-year-old investment fund seeded with oil revenue

What does SB 26 do? Establishes a  5.25% cap on annual withdrawals from the fund

What policy statements are being made by legislators?

  • State needs to balance its budget
  • Need to address the state’s deficit

Anchorage Daily News | Alaska Legislature changes the way the Permanent Fund is managed

 

Local Trend. Lost Love for Stadium Building. 5 Reasons Cities Lost Stadium Fever

  • May 8, 2018

Anatomy of St. Louis’ lost love for stadiums. What impacted the city’s lost enthusiasm for stadiums?

  • Bitterness. Departures of professional teams did not encourage enthusiasm
  • Contracts. St. Louis’ stadium contract kepot the city on the hook for the costs of keeping the stadium in the top 25 of the nation.
    • Improvement costs exceeded the cost of building a new stadium
  • Populism.  Cities “see team owners benefiting from luxury suites and other high-price add-ons that increase the team’s valuation and put more money in owners’ pockets.”
  • Economics. The economic benefits of professional sports teams has been discredited 
  • Local Revenues. Tight city budgets

Governing | How Cities Fell Out of Love With Sports Stadiums

7 Ways State & Local Pension Funds = Most Powerful State Voice on WallStreet

  • May 7, 2018

7 Ways that Pension systems in California directly impacted WallStreet:

CALPERS, The California Public Employees’ Retirement System, has:

  • Led the campaign to unseat the head of the New York Stock Exchange because of his “runaway” compensation
  • Led the charge against Disney Chairman Michael Eisner’s governance problems
  • Directly resulted in 3 board resignations/removals due to governance failures at JPMorgan Chase & Co
  • Fought a 3 year abattle to give Apple shareholders input in board elections
  • IN 2014 it began divestment from Hedge Funds

Los Angeles County Employees’ Retirement Assn. fought successfully to:

  • “destagger” many corporate board to improve baord accountability so that more than 1/3 of board seats were at risk at one time

University of California Regents and the San Francisco Employees’ Retirement System in 2003 brought fraud charges against Enron.

 

Where do California’s pensions find their strength? With a Size that “dwarfs” Texas & Claifornia pensions’ stock holdings are collectively & centrally managed.
 

Los Angeles Times | California’s most powerful voice on Wall Street? Its pensions

5 States for Business. What CEOs say about the Top 5.

  • May 3, 2018

  • Texas #1
    • Location, location, location, especially DFW
    • Access to Mexico and NAFTA trade
  • Florida #2
    • Orlando’s advanced manufacturing & access to qualified engineers
  • Indiana #5
    • low corporate income tax
    • reasonable regulations
    • right to work,
    • global-caliber talent
    • growing workforce
    • affordable costs
  • Colorado #8
    • living environment
    • health innovation ecosystem (healthtech)
  • Alabama #17 
    • ever-expanding cast of automaker and suppliers
    • aerospace manufacturing
    • low cost of living

Chief Executive | Five States To Watch: Texas, Florida, Indiana, Colorado And Alabama

Lege TREND. New Study: Fantasy Sports is Skill According to 2 University Professors

  • May 3, 2018

A new study is said to conclude that fantasy sports is a game of skill.

The authors:  by Kansas State Professor Todd Easton and co-author Sarah Newell

Publication: Journal of Sports Science

A supporting argument for the conclusion: unskilled players never win

Casino.org | Academic Study Rates Daily Fantasy Sports as Skill, Not Gambling

Calvin Ayre.com | Study finds daily fantasy sports requires skill

 

Lege TREND. Reduce Bonds for Pension Deficits.

  • May 2, 2018

State: Alaska

The bill: SB 97 (AK | 2018)

What limits does Alaska’s Senate Bill 97 put on pension bonds?

  • Reduces from $5 billion to $1.5 billion the amount of onds the state can sell to reduce pension liability
  • In Alaska, the Legislature must approve the pension deficit bonds

Was this a compromise bill?  yes, some wanted NO pension bonds

Alaska Public Media | Legislature limits bonds for pensions, but keeps them as potential tool 

3 Ways Cities are utilizing Ride Share Tax Revenue. 3 Reasons States Permit it.

  • May 1, 2018

Some states with statewide transportation network (ride share) laws permit cities to impose taxes because:

  • cities face the cost of street maintenance from ride share
  • cities face the cost of ride share vehicle traffic
  • cities face the cost of registering ride share drivers

3 Ways Cities are utilizing ride share tax revenues:

  • Chicago is fixing its subways
  • New York City also wants to put ride share tax revenue to subway improvements
  • Philadelphia is using it for its public schools

Rivard Report | Texas Cities Losing Out on Tax Revenue from Sharing Economy

Open Records Ruling in Texas: Economic Development Details Subject to Disclosure. 4 Key Points

  • May 1, 2018

Which economic development project? Denton Enterprise Airport

What details were subject to release? That a code named economic develpoment project concerned Amazon Air

Why was Amazon Air disclosed as the code name proejct? A ruling on an Open Records request by the Texas Attorney General said the company’s name isn’t protectable under Open Records Laws

What do we know about Amazon Air?

  • 40 cargo planes
  • 1/2 of the cargo planes are based at its freight delivery service hub at Cincinnati/Northern Kentucky Regional Airport
  • operates at 15 other airports around the country, including 3 Texas airpoorts:
    • DFW International Airport
    • George Bush Intercontinental Airport
    • Lackland Air Force Base

What was the impetus for the open records request?

  • precedent
  • establishing that not every business prospect is confidential

Dallas Morning News | Open records request forces Denton to reveal Amazon Air’s interest in airport

 

3 Pros & 3 Cons from the Hotel/Motel vs. AirBnB brouhaha over Voluntary Collection Agreements

  • April 28, 2018

The American Hotel and Lodging Association is calling for ” consistency and a level playing field” as to taxation. In this brouhaha, each side is saying these things:

The American Hotel and Lodging Association says:

  • Airbnb is strong-arming local governments in secret meetings
  • Airbnb is getting favorable tax deals
  • unfair to hotels and motels and to the public

Airbnb says:

  • multiple websites post the voluntary tax agreements with local governments
  • these voluntary agreements allow for the collection of tax revenue that the law in the jurisdiction may not allow the collection of
  • Airbnb has paid 1/2 a billion in taxes through these agreements and the Hotel Lodging Assocition is chaning its tune and still complaining

Texas Public Radio | Hotel Association Attacks Airbnb On ‘Secret Tax Deals’

SCHOOL FINANCE. Lege TREND. Bill Fund Schools via Pot. 2 points to be informed.

  • April 25, 2018

State: Colorado

The bill: Colorado’s HB18-1070 (2018) 

How Colorado’s HB18-1070 funds schools with revenue from marijuana:

  • Dedicates  $35 million+ per year to grants for school construction projects
  • The bill is a correction to overly conservative school construction program set asides when the marijuana tax was passed

The Daily Sentinel | Bill gives pot money to schools

SCHOOL FINANCE. 3 Arguments Against New Gambling. 3 State Gambling Failures. Texas Baptist Christian Life Commission.

  • April 25, 2018

The Texas Baptist Christian Life Commission is pointing to Oklahoma, Pennsylvania & Illinois as failures for using gmabling revenue to help public education.

The reasons suggested to oppose gambling revenue to fund public education:

  • Gambling revenue is unreliable, ineffective
  •  Increases in crime, addiction, domestic violence and suicide
  • Texas history is to pass gambling initiatives to supplement public education revenue, but in actuality the gmabling revenue replaces other state funds with no net benefit to public education

 

Baptist Standard | Voices: Gambling expansion won’t solve education emergency in Texas

Lege TREND begets Legal TREND. Fantasy Sports Bills. Lobbying Efforts Counter Legal Efforts.

  • April 25, 2018

Court: Indiana Supreme Court

The certified question from the 7th Circuit Court of Appeals before the Indiana Supreme Court:  Whether online fantasy-sports operators that condition entry on payment, and distribute cash prizes, need the consent of players whose names, pictures, and statistics are used in the contests, in advertising the contests, or both.

What does this mean for regualtors and legislators? Some say that Daily fantasy Sports operators, companies which are partially owned by certain sports leagues,  “are simultaneously making legal arguments in the ongoing court case that may run counter to the specific lobbying points being made by their part-owners.”

Lege TREND. Fantasy Sports Fails to Pass. Anatomy of a Bill in the Pink Lady Slipper Flower State

  • April 24, 2018

State: Minnesota

The Fantasy Sports Legalization Bill: 

the Vote: 48-74.

  • Two years ago the vote was 100+ in favor
  • The 48 ayes: 37 Republicans
  • The 74 nayes: About 50/50 Republican/Democrat

3 reasons why the vote failed?

  • fantasy sports regulatory problems in other states
  • fantasy sports lawsuits
  • insufficient regualtory structure: 

    “The corruption and fraud accusations for this industry are everywhere and we are not sufficiently providing protection to Minnesotans who choose to bet on daily sports gambling entities,” Rep. Jim Davnie said.

    Fox 9 | Bill to legalize fantasy sports gambling fails in Minnesota House

Minnesota Pulic Radio | Fantasy sports bill meets ugly reality of defeat

 

 

Pension Funding Number That's Catching Attention: $1.4 Trillion. 4 Background Points.U.S. state pension funding gap rises to $1.4 trillion in 2016: Pew

  • April 20, 2018

$1.4 Trillion is the total funding deficit for U.S. state public pension systems.

What’ the $1.4 trillion background?

  • Based on 2016 pension data
  • Represents an increase of $300 Billion from 2015
  • The deficit is the diffrence of $2.6 trillion in assets &  total pension liabilities of $4 trillion
  • The increase also reflects a shift down in  the assumed rate of investment returns by state pension systems

Reuters | U.S. state pension funding gap rises to $1.4 trillion in 2016: Pew 

3 Step Legislative Plan for Sports Betting in the Magnolia State

  • April 20, 2018

Louisiana is considering legalizing sports gambling, with a favorbale ruling from the US Supreme Court in 2018.

Lousiana’s SB 266 would require 3 steps to legalize sports betting at any location that currently has gambling operations:

(1) US Supreme Court favorble ruling in the New Jersey sports betting case

(2) The Lousiana bill has be enacted

(3) Local Voters must approve allowing sports betting at any parish location that currently permits gambling

 

The Legislative impetus:

  • revenue
  • “We need to legalize it, regulate it, tax it,” said Rep. Kirk Talbot, R-River Ridge, who sponsored the fantasy sports bill. 

Times Picayune | Louisiana considers sports gambling, but there are no proposals on how to tax it yet

Local Government Contracting TREND. 8 Local Contracting Strategies You Will See.

  • April 19, 2018

Harvard Kennedy School’s Government Performance Lab has produced new book, the new Results-Driven Contracting Solutions Book

The book offers 8 startegies for local government contracting. Here’s where to begin:

  • COMMUNICATE. Clearly lay out  goals and/or problems to be solved
  • WORK WITH AND NOT AGAINST YOUR CONTRACTORS. Design the procurement to align contractor interests with achieving those goals.
  • NO HELICOPTER PARENTING BY CITIES PLEASE. Provide direction without being overly prescriptive.
  • ENCOURAGE COMPETITION. Engage the marketplace to understand vendor capabilities and leverage competition.
  • CONTRACT MANAGEMENT. Track progress toward contract goals.
  • INCENTIVIZE. Consider tying payment to performance.
  • LEARN FROM YOUR CONTRACTING EXPERIENCES.  Use performance data to make future procurement decisions and manage ongoing contracts.
  • THINK BROADLY. Strategically manage all key procurements and contracts.

 

Economic Development Trend. Economist. 3 Responses to DFW Getting Disproportionate Economic Development Funds

  • April 19, 2018

Why is Texas Economist Ray Perryman responding to whether or not Dallas Ft. Worth receives a disproprotionate share of economic development funds?

3 Repsonses concerning whether Dallas-Ft. Worth gets a disproportionate share of Texas economic development funds? 

  • Economic development funds are “certainly essential” but not the only, nor the most important criteria
  • Companies also look to Workforce, infrastructure, geographic location, proximity to customers and suppliers, access to raw materials
  • Dallas is a dynamic location as an airport hub with access to rail and a transportation network

Rio Grande Guardian | Perryman: Incentive Issues

Legislature Pulls Local Funding based on Statue Removal. Who. What. Where. How.

  • April 18, 2018

Who: The Tennessee House 

What: The Tennessee House revoked $250,000 in Funding

Where: The revocation hits Memphis, which had removed Confederate statues, and directly impacts Memphis’ bicentennial celebration

How? Memphis is alleged to have acted against the State Historical Commission by moving possession of  two public parks to a nonprofit

The Tennessean | House punishes Memphis for removing Confederate statues with $250,000 budget cut

 

 

SCHOOL FINANCE TREND. 3 Reasons to Support Education Savings Accounts in the Mountain Laurel State

  • April 17, 2018

State: Pennsylvania

An Opinion piece by Americans for Prosperity offers 3 reasons to support ESAs:

  • If we can choose the right sports for our kids, we should be able to choose the right school
  • nearly 1/2 of PA schools are not meeting adequacy levels in testing standards
  • “Low-income children suffer disproportionately”
  • more than 2/3 of Americans support ESAs
  • Just look at the popularity of charter schools, ESAs could be the next educational success like charter schools are

Philadelphia Inquirer | Education savings accounts will help more Pa. children attend the best schools for them | Opinion 

3 Key Points. Model State Legislation. Sports Betting. Via the NBA & the MLB + the states being courted.

  • April 13, 2018

The states the MLB and NBA are courting for model sports betting legislation, should the US Supreme Court overturn the sports betting prohibition:

What do the leagues want?

  • Fees. In an Iowa proposal the fee is labeled an integrity fee of 1% and would be paid to sports leagues, depending on how much money is wagered in the state
  • Messaging. Its not revenue. Repeat, not revenue. it’s a handling fee.
  • Big Picture. If all states enacted sports betting, it is estimated that handling fees for the Leagues would be $2 billion.

Leagues Could Make Billions If States Implement Sports Betting ‘Integrity Fees’

Records Show MLB, NBA Now Lobbying On Sports Betting In Nearly A Dozen States

 

Limiting Local Sales Tax Revenue by the White Hawthorne Blossom Conservatives

  • April 12, 2018

Conservatives in the Missouri Legislature are pursuing HB 2168 (2018)  that will cap local sales taxes at 12%, as the cumulative sales tax rate.

How will this impact Missouri cities?

  • Missouri cities see 25% of their revenues from sales tax
  • Kansas City Missouri ara enclaves already have sales tax rates at 12%

KCUR | Missouri Lawmakers Trying To Limit Local Sales Tax, Kansas City Fights Back

 

Texas Attorney General Opinion. TRS investment policy on life insurance funded by leveraged premiums

  • April 12, 2018

The Opinion Request:  RQ – 0221- KP (2018) 

Requestor: Dan Flynn

Question for the Attorney General to Answer: Would life insurance funded by leveraged premiums, specifically Index Universal Life optimized for cash accumulation, constitute a prudent investment pursuant to Texas Constitution, Article 16, Section 67? 

Why is this even a question to answer? The Constitution calls for prudent investment in securities while a Index Universal Life is a fixed investment.

Opposition Messaging on Sharing Economy Taxes in the Violet State

  • April 9, 2018

State: New Jersey

Opponents to taxes on ride share and short term rentals have labeled the taxes: Millennial taxes

Which taxes are being put under the “Millenial Tax” umbrella? 

  • ride share taxes
  • short term rental taxes
  • e-cigarette taxes

Why do opponents say “millenial taxes” are bad for New Jersey?

  • Millenials will move away
  • New Jersey’s economic future is at risk
  • The number of New Jersey people between 22 to 34 is down 2.3% from 2000 to 2013
  • Taxes hurt property owners and second jobs

New Jersey 101.5 | GOV. MURPHY’S ‘MILLENNIAL TAXES’ WILL CAUSE EXODUS, GOP ARGUES

3 Reasons a State AAA Bond Credit Rating Can Be Impacted by Healthcare Costs

  • April 6, 2018

Where: Virginia

What’s impacting Virginia’s AAA bond rating? The Virginia Secretary of Finance says the state will need savings from Medicaid expansion to maintain its AAA bond rating

Why would Medicaid Expansion be tied to AAA bond ratings?

  • S&P Global ratings says a legislagive deadlock over Medicaid expansion would not impact bond rating
  • The Virginia Secretary of Finance says Medicaid expansion will improve the state’s financial reserves and thus protect Virginia’s AAA rating
  • S&P Global: “Virginia’s structural imbalance and low reserve levels are out of step with ‘AAA’ rated peers”

Richmond Times Dispatch | Virginia finance secretary doubts state can protect bond rating without Medicaid expansion

Pension TREND. Eliminating Unfunded Liabilities in the Blue Columbine State. Abridged Bill.

  • April 6, 2018

Colorado is considering SB18-200 to curb unfunded pension liabilities by:

  • increases employee and employer contributions
    • total contribution would be 11% of members’ salaries each month
  • reduces cost-of-living adjustments
  • raises the retirement age for new employees to 65/40 years of service
  • 30 year timeline to eliminate unfunded liability

Chief Investment Officer | Colorado Senate Passes Pension Reform Bill

TREND. How does business in the Golden Poppy State Oppose Bills? Business Advocacy

  • April 5, 2018

California Chamber of Commerce maintains a website, CA Job Killers, of the bills it opposes for killing jobs.

On the list currently:

 

AB 1745 (Ting; D-San Francisco) Vehicle Ban —  Bans the sale of combustion engine vehicles in the state by prohibiting the registration of a new vehicle in the state after 2040 unless it is a zero-emission vehicle.

AB 1761 (Muratsuchi; D-Torrance) Customer Blacklist and Hotel Workers Panic Button — Denies hotel guests due process, by requiring hotels to create a blacklist of guests who have been accused, yet not proven, to have engaged in inappropriate behavior toward hotel employees, and precludes the hotel from allowing those guests on the blacklist to enter their properties for three years.

AB 1902 (Levine; D-San Rafael) Interference with Contracts — Discourages and reduces “personal service contracts” as defined, by unfairly increasing the contract price for these services based upon an undefined and unspecified “area income” rate that presumably will include wages from different industries and different occupations that are not comparable to personal services.  It also provides the Department of Industrial Relations with extraordinary authority to value companies, determine “similar services” to be included under the provisions of this bill, and what constitutes “area income.”

AB 2069 (Bonta; D-Oakland) Medical Marijuana in Employment — Undermines employer’s ability to provide a safe and drug-free workplace by creating a new protected classification of employees who use marijuana for medical purposes, and exposing employers to costly and unnecessary litigation under the Fair Employment and Housing Act (FEHA) whenever the employer terminates an employee in this new protected class who has created a safety hazard in the workplace.

AB 2351 (Eggman; D-Stockton) Targeted Tax on High Earners   Unfairly increases the personal income tax rate from 13.3% – which is already, by far, the highest income tax rate in the country – to 14.3% for one category of taxpayers (including some proprietors), who already pay half of California’s income taxes, forcing them to mitigate these costs through means that include reducing workforce, in order to provide more funding for higher education.

AB 2527 (Muratsuchi; D-Torrance) Costly Litigation Against Small Employers —  Exposes small businesses who are seeking financial investors in their company to devastating class action litigation by banning the use of arbitration agreements, which is preempted by the Federal Arbitration Act, prohibiting class action waivers, allowing for the award of treble damages, punitive damages, and attorney’s fees, and interferes with contractual negotiations between sophisticated parties by dictating the choice of forum and choice of law for such litigation.

AB 2571 (Gonzalez Fletcher; D-San Diego) Public Employee Retirement Systems Investment Policy —  Seeks to publicly shame investment managers and the hospitality companies in which they invest, by forcing them to submit an annual report subject to a public review, that discloses employee wage information according to gender, ethnicity, and race, exposing such companies to costly litigation.

AB 2765 (Low; D-Campbell) Portable Benefits for The Gig Economy —  Imposes onerous and costly mandates on companies in the gig economy labeled as the “digital marketplace” by adding them under the provisions of the Fair Employment and Housing Act (FEHA), expanding the protected classifications under FEHA for contractors of the digital marketplace to include “familial status,” and creates further confusion and uncertainty regarding the use and classification of independent contractors.  These new mandates will dramatically increase the amount of frivolous litigation under FEHA and the Private Attorneys General Act (PAGA) for the digital marketplace.

AB 3080 (Gonzalez Fletcher; D-San Diego) Ban on Settlement Agreements and Arbitration Agreements —  Significantly expands employment litigation and increases costs for employers and employees by banning settlement agreements for labor and employment claims as well as arbitration agreements made as a condition of employment, which is likely preempted under the Federal Arbitration Act and will only delay the resolution of claims. Banning such agreements benefits the trial attorneys, not the employer or employee.

ACA 22 (McCarty; D-Sacramento) Middle Class Fiscal Relief Act —  Unnecessarily increases California’s 8.84% corporate tax rate, already one of the highest in the nation, to 18.84%, which will encourage companies to leave the state and discourage companies from expanding or relocating here.

SB 1284 (Jackson; D-Santa Barbara) Disclosure of Company Pay Data —  Unfairly requires California employers to submit pay data to the Department of Industrial Relations, creating a false impression of wage discrimination or unequal pay where none exists and, therefore, subjecting employers to unfair public criticism, enforcement measures, and significant litigation costs to defend against meritless claims.

SB 1300 (Jackson; D-Santa Barbara) Removes Legal Standing and Prohibits Release of Claims — Significantly increases litigation by removing standing requirement for plaintiff alleging failure to prevent harassment or discrimination when no harassment even occurs, limits the use of severance agreements, and prohibits the use of a general release or nondisparagement clause in employer/employee contracts.

SB 1398 (Skinner; D-Berkeley) Increased Tax Rate — Threatens to significantly increase the corporate tax rate on publicly held corporations and financial institutions up to 15% according to the wages paid to employees in the United States, and threatens to increase that rate by 50% thereafter, if the corporation or institution reduces its workforce in the United States and simultaneously increases its contractors.

2017 JOB KILLER CARRY-OVER BILLS

AB 127 (Committee on Budget) Threatens Energy Reliability —  Threatens energy reliability and will lead to the elimination of jobs by mandating the closure of the Aliso Canyon natural gas storage facility.

ACA 4 (Aguiar-Curry; D-Winters) Lowers Vote Requirement for New Tax Increases — Unnecessarily reduces the voter threshold from two-thirds to 55% for local governments to enact special taxes, including parcel taxes, for the purpose of improving public infrastructure and affordable housing, which creates an opportunity for discriminatory and higher taxes to be imposed against disfavored industries and commercial property owners.

ACA 11 (Caballero; D-Salinas) Targeted Retail Industry Tax Increase — Exposes the retail industry to increased taxes by imposing a quarter-cent sales tax increase to fund affordable housing and homeless shelters, without creating greatly needed market-rate housing.

SB 49 (de León; D-Los Angeles) Creates Uncertainty and Increases Potential Litigation Regarding Environmental Standards — Creates uncertainty by giving broad and sweeping discretion to State agencies to adopt rules and regulations more stringent than the federal rules and regulations in effect on January 19, 2017 through an expedited administrative procedure without public participation or input, when the State agencies determine that federal action leads to less stringent laws and regulations than those in effect on January 19, 2017; and increases the potential for costly litigation by creating private rights of action under California law, which may be triggered when a State agency takes the foregoing discretionary action.

SB 538 (Monning; D-Carmel) Arbitration Discrimination — Unfairly and unlawfully discriminates against arbitration agreements by restricting the formation of antitrust arbitration agreements in hospital contracts, leading to costly litigation over preemption by the Federal Arbitration Act.

SB 562 (Lara; D-Bell Gardens) Government-Run Health Care — Penalizes responsible employers and individuals and results in significant new taxes on all Californians and California businesses by creating a new single-payer government-run, multibillion-dollar health care system financed by an unspecified and undeveloped “revenue plan.”

SB 774 (Leyva; D-Chino) Increased Permitting Fees and Delayed Permitting —  Exposes permittees to unknown, increased fees by providing the Department of Toxic Substances Control (DTSC) a blank check to impose additional fees on permittees to implement and perform its statutory requirements when its primary sources of funding have structural deficits and creates substantial uncertainty and delay of facility permitting by interjecting a new board into the organizational structure.

SCA 6 (Wiener; D-San Francisco) Lowers Vote Requirement for Tax Increases — Unnecessarily reduces the voter threshold from two-thirds to 55% for local governments to enact special taxes, including parcel taxes, for the purpose of providing transportation services, which creates an opportunity for discriminatory and higher taxes to be imposed against disfavored industries and commercial property owners.

Using Economic Development Office to Aid Hospitals in the Iris State

  • April 4, 2018

State: Tennessee

What steps is the Tennessee Department of Economic and Community Development​ doing to aid rural hospitals?

What is the economic development rational for bolstering rural hospitals?

  • rural hospitals are often the largest employer in an area
  • without hospitals, businesses cannot be recruited to locate in rural areas

How deos TN rank in rural hospital closures since 2012? TN is #2 and TX is #1 in the number of rural hospital closures

Nashville Public Radio | Tennessee Economic Development Officials Offer To Help Rescue Rural Hospitals

SCHOOL FINANCE TREND. 5 Arguments ESAs are unconstitutional in the Purple Lilac State

  • March 28, 2018

State: New Hampshire

What are Educational Savings Account supports saying supporting constitutionality? The US Supreme Court’s ruling in Trinity Lutheran Church v. Comer

5 Reasons ESAs opponents say ESAs are unconstitutional:

  • Trinity Lutheran Church v. Comer is not about ESAs; its about a state grant program funding a playground at a church
  • Since 1784, New Hamshire’s Constitution has prohibited funding religious schools
  • 1992 NH’s Supreme Court prohibited a diversion of funds supporting activities of religious educational institutions
  • In 1981, the State Supreme Court ruled that the state cannot circumvent prohibitions of the state constitution by “do(ing) indirectly that which it cannot do directly”
  • “laundering” state funds is not good public policy

Concord Monitor | State Reps. Mel Myler and David Luneau: School voucher bill is unconstitutional – and wrong

3 Types of Taxes on Marijuana + the Impact. New Study.

  • March 27, 2018

The National Bureau of Economic Research study, The Taxation of Recreational Marijuana: Evidence from Washington State, walks through the types of marijuana taxation in the US:

  • Cultivation Tax which taxes cultivators
  • Excise/Sales Tax which taxes the consumer
  • Gross Receipts Tax which taxes retailers and processors

A potentially distortionary tax impact of the cultivation tax is thagt the tax has encouraged cultivators in California to grow more potent marijuana rather than a less potent marijuana that may be sold at retail for less.

3 States tax the cultivation of marijuana: Alaska, California, and Colorado

Regulatory TREND for Pensions. Fewer Contracts. More Hired Staff. 5 Key Points from Texas Teacher Retirement System Proposal

  • March 26, 2018

Proponent of More Internal Investments: Texas TRS Cheif Investment Officer Jerry Albright

The proposal will cut how much in external investment fees? $600 Million annually

How many new financial hires will this mean at TRS? 270 new employees

In comparison how much internal investment does CALPERS do?  70 % of its assets are handled internally

What 3 things does the National Association of State Retirement Administrators say the TRS proposal needs?

  • competitive pay for the investment hires at TRS
  • political autonomy
  • governance structure

Bloomberg | Texas Teachers Pension Eyes Hiring Spree for Investment Group

Anatomy of a Stadium Bill in the South. What taxes? Supporters Say? Opponents Say?

  • March 22, 2018

State: Alabama

Legislation:  SB311 (2018) which would create a funding structure for an open air stadium in 

What’s the stadium funding structure?

  • The stadium will be for University of Alabama Birmingham and other non-university events
  • It will be funded by a 3% car rental tax

What do supporters say?

  • it will revitalize north Birmingham

What do opponents say?

  • it will harm the city of Birmingham because all the revenue will go to Birmingham-Jefferson Convention Complex

The Loophole. Local Governments Required Accounting Reporting of Tax Abatement Revenue Losses.

  • March 22, 2018

The Accounting Rule that requires local governmental entities to report revenue losses from tax abatement agreements:  Governmental Accounting Standards Board (GASB) Statement 77

What Does GASB 77 require: local governments must report their annual lost revenue due to tax abatement agreements

Is there a loophole? Yes, local governments can decide if the annual lost revenue is “material” 

What’s an example of a revenue loss from an abatement? Austinm NV reported a $4 loss from a state renewable energy program

Governing | Despite New Rules to Disclose Corporate Tax Breaks, Just Half of Local Governments Are 

Lege TREND. 3 Drafting Points from Bill to Prohibit Local Soda Taxes + 3 Supporter Arguments in the Saguaro Cactus State

  • March 20, 2018

Arizona Governor Ducey signed HB2484 (2018) that prohibit slocal soda taxes by:

  • eliminating a local tax on food and beverage exemption that permitted local taxation
  • adds a “municipal transaction privilege tax”
  • The “municipal transaction privilege tax” requires uniform taxation on all food and beverage products.

Supporters of the bill:

  • Republican author
  • Arizona Food Marketing Alliance stressed “it’s not government’s role to use taxes to influence consumer behavior”
  • A supermarket industry lobbyist industry made clear the bill is about soda taxes

Arizona Daily Sun | Ducey signs bill barring cities from taxing sugary drinks

Autopsy of a Daily Fantasy Sports Bill in Camellia Flower State

  • March 19, 2018

State: Alabama

What do I need to know about the politics behind the bill?

  • Filed by a Republican, Chair of the County and Municipal Government Committee
  • In 2016, Alabama Attorney General Luther Strange issued cease & desist letters for Daily Fantasy Sports
  • In 2017, the Alabama House passed a Daily Fantasy Sports Bill, the Senate did not

How did the 2018 Daily Fantasy Sports Bill SB 325 meet its demise?

It failed a vote to bring the bill up for debate.

Alabama Political Reporter | Fantasy sports bill fails on Senate floor

 

Lege Trend. The Fantasy Sports Tax Moving in the Cherokee Rose State. 3 Key Parts of the Bill + the goal opposition.

  • March 19, 2018

State: Georgia

The Georgia Fantasy Sports Bill: House Bill 118

3 Key Regulations from the legalization of fantasy sports bill in Texas:

  • 6% tax on fantasy sports operators
  • usual limitations: 18+, background checks for operators, state registration with a fee of $5,000 or $15,000 depending whether its revenue is above or below $3 million, annual audits
  • defining fantasy sports outside the definition of gambling

Opposition: Concerned Women for America

  • “gambling leads to higher instances of alcohol or drug use and mental illness”

Atlanta Journal Constitution | Georgia Senate panel backs bill to regulate, tax online fantasy sports

LEGE TREND. Editorial in Bluebonnet State. Tax Reforms Moves to States. 4 Take Aways for Lone Star State.

  • March 15, 2018

The Dallas Morning News Editorial Board offers reasons Texas Legislature should update its Tax Code in response to the federal tax changes:

  • Peer Pressure. Other states are doing it, and Texas must too to be competitive
  • Higher Corproate Tax States will get hit.  Jobs will shift to lower tax states 
  • Margins Tax has problems like taxing companies that don’t turn a profit & Texas is 49th in corporate taxes
  • Property tax system is messy. 

Dallas Morning News | Editorial: Tax reform now moves to the states, and Texas needs to work to remain competitive

Bill Waives Fish and Game Licenses Fees for Out of State Landowners in the White Hawthorne Blossom State

  • March 15, 2018

State: Missouri

The legislation: HB 1657 (2018) 

What does Missouri’s HB 1657 do?

  • Permits out of state residents that own property in Missouri to pay in satte fish and hunting fees

What do opponents say? 

  • Cuts $5 million in conservation fee revenue over 10 years
  • The author is doing this for his brother, a California resident who owns property in Missouri

Missourian | Editorial: Trash This Bill

4 Investment Fixes Forthcoming to Dallas Police and Fire Pension System.

  • March 12, 2018

  • Hire a Chief Investment Officer and Chief Financial Officer
  • Get out of illiquid investments and move toward a more traditional investment strategy
  • What investments are highlighted as crazy investment decisions
    • BTG Pactual a fund managing timber in Brazil & South Africa
    • Asian infrastructure funds
    • North Texas Opportunity Fund with the single asset of a Dallas yellow cab company
    • North Texas Opportunity Fund: nuts, apples and crops
    • Tens of millions in oil and gas
  • Form an investment advisory committee

Dallas Morning News | Why the Dallas Police and Fire Pension System is stuck with nuts and other ‘crazy’ investments

Want to know if your client is on 1 of 5 Texas Comptroller Maintained Divestment Lists? Here you go:

  • March 12, 2018

Texas Comptroller maintains 5 divestment lists:

  • Companies that Boycott Israel (PDF)
    • KOMMUNAL LANDSPENSJONSKASSE GJENSIDIG FORSIKRINGSSELSKAP 

  • Scrutinized Companies with ties to Sudan (PDF)
    • China National Petroleum Corporation China Petroleum & Chemical Corporation CNPC Capital Company Limited
      CNPC General Capital Limited

      Daqing Huake Company Limited
      Harbin Electric Company Limited
      Jiangxi Hongdu Aviation Industry Co., Ltd.
      KUWAIT FINANCE HOUSE K.S.C.P
      LS INDUSTRIAL SYSTEMS CO.,LTD
      MANAGEM S.A.
      MANGALORE REFINERY AND PETROCHEMICALS LIMITED OIL AND NATURAL GAS CORPORATION LIMITED
      OIL INDIA LIMITED
      ONGC VIDESH VANKORNEFT PTE. LTD.
      ONGC VIDESH LIMITED
      Orca Gold Inc
      Petrochina Company Limited
      PETROLIAM NASIONAL BERHAD (PETRONAS)
      PETRONAS Capital Limited
      PETRONAS CHEMICALS GROUP BERHAD
      PETRONAS DAGANGAN BERHAD
      PETRONAS GAS BERHAD

      PETRONAS GLOBAL SUKUK LTD 

      Shanghai Electric Newage Company Limited 

      SINOPEC Engineering Group Co Ltd
      Sinopec Oilfield Equipment Corporation Sinopec Oilfield Service Corporation
      Societe Metallurgique d’Imiter (SMI)
      The Energy House Holding Company (K.S.C)

       

  • Scrutinized Companies with ties to Iran (PDF)
    • DAELIM INDUSTRIAL CO., LTD

      GAZPROM
      GLENCORE PLC
      HYUNDAI MOTOR COMPANY INDIAN OIL CORPN.

      LIMITED LLOYDS BANKING GROUP PLC NOKIA OYJ

      NORINCO INTERNATIONAL COOPERATION, LTD.

      OUTOTEC OYJ
      POWER CONSTRUCTION CORPORATION OF CHINA, LTD.

      TELECOM ITALIA SPA

      TELEFONICA S.A. 

  • Designated Foreign Terrorist Organizations (PDF)
    • The Usual Suspects
  • Scrutinized Companies with ties to Foreign Terrorist Organizations (PDF)
    • None

3 Reasons Texas School Tax Abatement Deals are Bad. West Texas Op-Ed.

  • March 9, 2018

The paper: Odessa American

The Op-Ed writers: Texas Pulic Policy Foundation staff Carine Martinez-Gouhier & Vance Ginn, Ph.D.

3 Reasons to oppose 313 tax abatement deals in Texas:

  • Bad for local businesses that will pay more in taxes & could face competition from the Chapter 313 recipient business
  • Strain local school Funding. 313 agreements exempt their property value from school funding formulas & schools can negotiate supplmental payments from the 313 recipient outside of school funding formulas which incentivizes schools to enter into 313 agreements
  • Studies say 85% of the businesses would have located there without a 313 Agreement. According to a University of Texas at Austin study by  Dr. Nathan Jensen

Odessa American | GUEST VIEW: School tax abatement deals: Boon or pandora’s box?

OH Attorney General Claws Back Tax Benefits to Stop Sports Team from Moving to TX

  • March 7, 2018

Ohio Attorney General filed suit to invoke an Ohio law that prevents a professional sports team that receives a tax benefit, or its stadium receives a tax benefit, from leaving OH.

Why does this law exist? It was passed and never invoked to keep the Cleveland Browns in Cleveland

If the law doesn’t survive constitutional challenges, such as a Commerce Clause violation, can its effect still be felt? 

  • yes, it slows the process
  • yes, it could harm a stadium deal in Texas

Columbus Dispatch | Move to block Crew relocation raises many legal questions

SCHOOL FINANCE. New Angle on ESAs. 3 Supporting Arguments.

  • March 7, 2018

The new angle on Educational Savings Accounts? Military Educational Savings Accounts

3 Reasons the military should have ESAs for their offspring?

  • “educational opportunities play an important role in determining whether a military family accepts a particular assignment”
  • “35% of service members have considered leaving the military because of the limited education options available”
  • 40% have either declined or would decline a career-advancing opportunity at a different installation if it meant their child would have to leave a high-performing school.

50% of military personnel are stationed in states without school choice.

Wall Street Journal | Military Families Deserve School Choice 

Lege TREND. Revenue = impetus for direct sales by manufacturers in the Mountain Laurel State

  • March 6, 2018

State: Connecticut

The revenue at issue with direct sales by manufacturers, like Tesla:  $5 million per year, in Connecticut a car purchased out of state by a resident, must pay the different between the other state’s sales tax & Conencticut’s sales tax.

How must percentage difference does the $5 million in annual revenue account for? Most Tesla sales are in New York, which as a 0.4% lower sales tax rate.

New Haven Register | Tesla makes plea to sell electric cars in Connecticut

Lege Trend. Regulating Fantasy Sports by Referendum in the Magnolia State

  • March 5, 2018

State: Louisiana

The Fantasy Sports legalization bill: Louisiana HB 484 (2018) 

The 3 step method to legalize fantasy sports in Louisiana:

  • Require approval by of the voters
  • Push all licensing and regulation to the Louisian Gaming Control Board
  • Statutorily declare fantasy sports to not be gambling

15 State legislatures move to seize this new revenue source: sports betting

  • March 2, 2018

What is sparking the sports betting legislation? Anticipated ruling by the US Supreme Court in Christie v. NCAA that will strike down the federal ban on sports betting

Examples of state responses to potentially legalized sports betting:

  •  Rhode Island Governor’s proposed budget relies on $23.5 million of new revenue from sports gambling

What type of revenue is involved for states?

  • sports betting is estimated at $41.2 billion industry according to the American Gaming Assoc.
  •  $3.4 billion in taxes to state and local governments would stem fromt he $41.2 billion industry

Governing | The Week in Public Finance: Betting on Sports Gambling Becoming Legal, States Up the Ante

Tax Proposal for Violent Video Games. 5 Key Points.

  • February 28, 2018

Where: Rhode Island

Legislator Proposing a tax on M rated video games: Representative Robert Nardolillo III (R-Dist. 28, Coventry)

The tax:  additional 10% sales tax on M-rated video games

The tax revenue dedicated to fund: increase mental health and counseling resources in schools

The response: Reason calls it an unconstitutional violation of the first amendment because of the ruling in Brown v. Entertainment Merchants Ass’n (2011) that protects violent video games as free speech.

Reason | R.I. Proposal to Tax Violent Video Games 

Revenue TREND. 1 City. 2 Months. $2 Million Revenue. Retail Marijuana.

  • February 28, 2018

City:  Los Angeles

Revenue sources from retail marijuana:

  • licensing fees

Los Angeles Ordinance policy questions:

  • what type of advertising will be permissible
  • 800-foot buffer zones between cannabis storefronts and:
    • drug and alcohol recovery facilities
    • day care facilities
    • supportive housing
    • public libraries
    • parks
    • schools
    • homes
  • how to craft ordinances for special events like:
    •  private clubs
    • lounges
    •  special events hosted by licensed businesses outside their storefronts

Courthouse News Service | LA Rakes in Over $2 Million in Retail Pot’s First Two Months

Pension TREND. Divestment from Guns. The Where. & How.

  • February 26, 2018

WHERE:New Jersey

WHO: lawmakers

HOW to divest from guns: a bill to  “prohibit the state from investing assets of any pension or annuity fund in companies that manufacture firearms or ammunition,”

CNBC | Following Florida mass shooting, New Jersey lawmakers look to bar state pension funds from investing in gun makers 

Lege TREND. Ride Share Tax. Moving from Gross Receipts to Flat Fee in the Mountain-Laurel State.

  • February 26, 2018

What’s happening? The Philadelphia Parking Authority is looking for a revenue source with a statutory shift from a 1.4% gross receipts tax on ride share, limos and taxis to a 50 cents per ride for ride share, taxis and limos.

Why supporters like the fee: No audits. Unlike taxing gross receipts, ensuring that the per ride fee is attached to rides, will not require costly audits to determine company revenue. 

Philadelphia Business Journal | Philadelphia Parking Authority floats new method to fund its operations, city schools 

Lege Trend. Taxing Short Term Rentals in the White Pine Cone State.

  • February 23, 2018

State: Maine

The bill taxing short term rentals:  Maine LD 1721 (2018)  & Maine LD 1805 (2018) 

How this bill taxes short term rentals: 

  • Expands the sales tax to include short term rentals
  • Taxes the gross amount of the short term rental, including the portion that is retained by the platform

Maine Wire | Maine should resist taxing the ‘sharing economy’

Anatomy of an Irrigation Tax Bill. 3 Points from the Goldenrod State

  • February 23, 2018

State: nebraska

The irrigation tax bill: LB 1022

What does the irrigation tax bill look like?

  • 1 cent per 10 gallons of water excise tax on irrigation
  • only those using water would pay the tax
  • filed to make a point that valuable resources go unfairly taxed, and as such the bill’s author cannot sign a property tax cut pledge

NBC 2 | Irrigation tax proposed…a nightmare for legislature and ag producers

What 3 Points Do I Need to Know about Texas Public Policy Foundation's Texas Prosperity Promise?

  • February 23, 2018

TPPF’s  Texas Prosperity Promise in a nutshell:

  • PUBLIC EDUCATION
    • replace the complex, convoluted school finance system
      • create a student-centered finance system
      • focus funding on delivering “top-notch education to Texas public school students”
    • School Choice
    • remove onerous education mandates
      • give teachers and school leaders more flexibility to innovate
    • Better civics curriculum
    • no “weak substitute courses” for government and American history like we have now
  • PROPERTY TAXES
    • reduce property taxes and offset it with state revenue (no specific revenue, just revenue)
    • limit local property tax revenue increases to no more than 2.5 percent per year
    • limit state revenue spending to  4 percent or population growth plus inflation
  • TRANSPARENCY
    • no local government lobbyist spending
    • no automatic contributions to unions by public employees

FYI expect to see these pieces of legislation replicated in Texas in 2019:

  • TPPF likes Missouri’s tort reform & pro business policies
  • TPPF likes South Carolina’s low cost of doing business

 

TPPF | A PROMISE TO KEEP TEXAS AHEAD

 

Lege Trend. Moving to a Consumption Tax in the Magnolia State by taxing Fuel.

  • February 21, 2018

Mississippi is considering a proposal to reduce its income tax by moving to a consumption tax that raises more revenue by

  • taxing fuel
    • add $0.03 to the price at the pump each year over 4 years
  • annual fees of $300 on electric vehicles &$150 on hybrid vehicles

Tax Foundation | Mississippi’s Pro-Growth Tax Swap Proposal

3 Concerns in the Mountain Laurel State about moving the State Lottery into a Pension System. State #2 to make this move?

  • February 19, 2018

State: Connecticut

What do lotteries and pensions have in common? Last year New Jersey proposed moving the state lottery assets into one of the state’s pension funds to cover unfunded liability. Now, there’s talk of the same happening in Connecticut. 

What concerns are being raised in CT about using the lottery to cover unfunded pension liability?

  • Marketing problems. People buy lottery tickets to help education and programs for seniors
  • Its going to a balance sheet wash. While the move will reduce the unfunded liability and lower the state deficit, it will also lower the state general revenue funds pension payments.

CT Post | Dan Haar: State could save billions by giving lottery to pension funds

Violet State Governor Proposes Pension Cost Shift to Schools and Universities.

  • February 19, 2018

Illinois Governor Rauner proposes phasing in a shift in pension funding from the state to local school districts and university systems.

The pension phase cost shift to school districts and universities: Over 4 years, 25% cost shift per year

Will school districts and univerisities receive more funding? Yes + flexibility in contracting, bidding and sharing services

Pensions & Investments | Illinois governor proposes shifting pension costs to school districts, universities

6 Reasons TTARA Says Sales Tax Swap for Property Tax Is Not Smart

  • February 15, 2018

Dale Craymer, President of Texas Taxpayer and Research Association, sets out 3 problems with the idea of swapping the sales tax for the property tax.

Here we go:

  • The switch will require the sales tax to nearly quadrupple to 23%
    • The switch will also need to account for local property taxes so we get up to 25% sales tax rate
  • A 25% sales tax will:
    • close businesses
    • move sales online
    • drive people out of Texas
  • Even if we cut all the sales tax loopholes, we only get $12 Billion
    • that’s 20% of the proeprty tax
    • We would still need $44 billion
  • Taxing real estate transactions would be devestating to home buyers, who couldn’t recoup the cost and to home building industry
  • Bad for Small towns. Small town property tax base traded for a non-existent sales tax base
  • More Power with the State, we would need a statewide sales tax
    • The state would later allocate funds to governments

Lege Trend. Imposing Taxes on Non-Profits that operate certain facilities.

  • February 15, 2018

Why would a state want to tax a non-profit? New Mexico will be losing $30 million in tax revenue when Texas Universities take over operation from California Universities in partnership with a private company.

How did New Mexico phrase taxing Texas Universities? “receipts of a prime contractor that are derived from operating a facility in New Mexico designated as a national laboratory by an act of congress.”

The bill: Senate Bill 17

Lege TREND. Tying Pension COLAs to funding levels.

  • February 13, 2018

State:  California

Bill:  SB 1031

COLA payments & unfunded liability linked: No COLAs if unfunded actuarial liability of the system is greater than 20%

Los Angeles Times | Political Landscape: State Sen. Moorlach proposes cost-of-living limit on state pension systems

Transparency Trend. Legislation from Conservative Activists Making the Rounds.

  • February 13, 2018

 Iowa’s SF2190 requires Iowa to shrink its administrative rules by 1/3 within 4 years.

Within 1 year, the number of rules cannot exceed the current number of rules.

Did the bill try to catch loopsholes? Yes. It prohibits combining rules or making rules subparts to other rules.

Supporters:

  • Americans for Propsperity
  • Iowa Association of Business

Des Moines Register | Thousands of state government rules would be scrapped under Iowa Senate bill

By the Numbers. Recreational Marijuana in Colorado.

  • February 13, 2018

 Gross sales: $1.5 BILLION (2017) $1.3 Billion (2016) $996 Million (2015)

Adult sales: $1.09 Billion

Medical Marijuana Sales: $416.52 Million 

Tax revenue & fees, with the drafting error that prevented all taxing jurisdictions from collecting the tax: $247 Million 

Denver Post | Colorado pot sales hit a record $1.5 billion in 2017, and border towns saw a green rush from neighbors

Lege TREND: manufacturing reinvestment accounts

  • February 8, 2018

New Jersey is propsing creating manufacturing reinvestment accounts. S1143 (2018)

What would a manufacturing reinvestment accounts do?

  •  allow for companies in the state to receive tax reductions, deferrals and deductions on manufacturing equipment and workforce training

Is there a cap? Yes,  $100,000 annually for five years

What requirements to create an account?

  • no more than 50 employees
  • in good tax standing
  • to create the account in a NJ financial institution

NJ BIZ | State senate considering new tax deductions for manufacturing

Sunshine State looks to Loosen Strings on Motel Hotel Bed Tax

  • February 8, 2018

In addition to making sure short term rentals pay hotel motel taxes, bills in Florida want to make certain cities have more options to use bed taxes.

The Tourist Development Tax Bill, HB 585,  would permit hotel,motel & short term rental bed taxes to also be used for:

  • infrastructure
  • water safety quality projects

Daytona Beach News Journal | LANE: Bed tax bills look at new uses for tourists’ dollars

 

Red State Reacts to Federal Tax Cut with Legislation to Make Residents Whole.

  • February 7, 2018

Nebraska has a history of passing bills after major federal tax reforms to make certain its citizens remain whole.

For 2018, Nebraska is considering LB1090 to:

  • Restore the $134 personal income tax exemption credit that was effectively repealed by the new federal law
  • Establish a standard state tax deduction of $6,750 for single taxpayers and $9,900 for heads of households

Supporters:

  •  Business Organizations

Lincoln Journal Star | Senators seek to shield Nebraskans from unintended tax hike

TREND. Commerical Property Tax Fight from the Poppy State. Who. What. How.

  • February 7, 2018

In 1978, California split the property tax roll and limited the property tax rate & now times are changing.

Who wants to revisit the 1978 CA Property Tax Cap? coalition of civil rights and community organizations

What part of the tax cap is the target? commercial properties

How do they want to change the property tax for commercial properties? To tax commercial properties at market value while leaving in place the Proposition 13 protections for homeowners

What’s the revenue increase estiamte? $6 billion to $10 billion per year

Sacramento Bee | Prop. 13 fight looming over how California taxes business properties

 

2 Ways a Soda Tax/Food Tax Bill Dies in Yucca Flower State

  • February 5, 2018

New Mexico Legislature voted down Senate Bill 129 that would have kept tax exempt only foods that are permitted under the federal WIC Program.

Supporters say: When New Mexico began tax free food policy, the intent was to not tax real food, but now processed foods are not taxed

What groups opposed the change?

  • AARP
  • Center on Law and Poverty
  • New Mexico Chile Growers Association
  • Catholic bishops
  • National Association of Social Workers.

What do opponents say? Tying the standard to WIC is not logical because the program is designed for women who just gave birth and excludes foods like nuts.

What did State Senators say? ““I just have a problem with people telling other people what to eat and what to drink,” 

las Cruces Sun News | Bill to tax unhealthy foods dies in committee

Gambling to Fund Pensions. 100% revenue dedication. Read the bill. 3 Talking Points below:

  • February 5, 2018

Kentucky is considering HB 229 (2018) that would authorize casinos to fund state pensions.

The funding mechanism would work like this:

  • 100% of gaming proceeds, after accounting for administrative costs, would fund state retirement systems.

Supporters say:

  • Unfunded pension liabilities need a dedicated funding source

Opponents say:

  • There are better options like closing tax loopholes

TriState Home Page | Bill proposes casinos help fund Kentucky pension systems

Regulatory TREND. Creating an Industry Specific Public Bank Courtesy of the Golden State Attorney General and Treasurer.

  • January 31, 2018

The State: California

California’s Attorney General and State Treasurer public bank proposal:  to support the marijuana industry

3 Reasons why a public bank for marijuana businesses is good public policy? 

  • Traditional finance industry is shutting out the industry
  • Federal law complictes the legality of the industry for banking
  • The marijuana industry is cash heavy

Is there another option other than a public bank? Allowing marijuana business to access state chartered banks and credit unions. California SB 930 (2018)

Courthouse News | California’s Treasurer, AG Team for Study of State Pot Bank

What do expanded marijuana taxes look like? Special Districts Benefit

  • January 30, 2018

Colorado is considering SB18-088 that will allow these spacial districts to draw revenue from the marijuana sales tax:

  • regional transportation district
  • scientific and cultural facilities district
  • health services districts

Why was this bill necessary to allow special distriacts access to the marijuna tax revenues?

  • Colorado’s marijuana tax did not tie to the general sales tax, which special districts can access

Colorado Independent | Lawmakers inch closer to reopening the marijuana tax spigot for transit and arts

3 Reasons to Oppose a TX County Special Transportation District from the Right.

  • January 30, 2018

Empower Texas lays out 3 reasons that it says shows Denton County’s Transit Agency is a “train wreck.”

  • The money that cities in the district pay is uncapped
  • The city councils have no input on how the trnasit agency spends its revenue
  • taxpayer subsidies fund the agency that loses ridership and has no acocuntability

Denton County Transit Authority (DCTA) by the numbers:

  • 2001 Created by Texas Legislature
  • 2002 local voters approve
  • 3 cities dedicate a ½-cent sales tax to the district
  • $50 million operating budget
  • 3 cities appoint 3 of 14 board members
  • “A-Train operates at a loss exceeding $22 per rider”

Empower Texans | DENTON’S TRANSIT AGENCY IS A FISCAL TRAIN WRECK

Lege Trend. How the Land of Lincoln is Tackling Unfunded Pension Liabilities.

  • January 29, 2018

Illinois is considering a $107 Billion bond to shore up its pensions.

What would Illinois do with the bond proceeds? 

  • Ensure a nearly fully funded pension system
  • The pension system funds would then be invested in the usual fashion

Bloomberg | Illinois Ponders Pension-Fund Moonshot: a $107 Billion Bond Sale 

Tax TREND. Dedicated Red State Sales Tax on Ammunition. 3 Key Points.

  • January 26, 2018

State: Nebraska

The Legislation: Nebraska LB 730 (2018)

The ammunition tax rate:  10%

Tax revenue will be dedicated to fund: wildlife conservation & domestic violence

Tax would generate:  $4.1 million/year

KSYZ-FM | Ammunition tax bill heard in legislature

New Lege TREND. Fantasy Sports Bill includes US Supreme Court Issue.

  • January 25, 2018

The State: Massachusetts

The US Supreme Court Issue: New Jersey’s challenge to federal prohibition on sports betting heard by the highest court in December 2017

The Bill:  SD 2480    requires:

  • 15% gross revenue tax on daily fantasy sports operators
    • a lower tax rate than the state’s casinos
    • comparable to fantasy sports  tax rates in NY and PA
  • consumer protections- such as gmaing age
  • oversight by the Massachusetts Gaming Commission
  • registration fee up to $100,000 and set by the Gaming Commission

 

Sentinel & Enterprise | Fantasy sports bill is good bet for all
Glouster Times | Bill features fantasy sports tax, pro sports betting panel

Concord Monitor | Mass. lawmakers consider 15 percent tax on daily fantasy sports

TX Attorney General Opinion. SCHOOL FINANCE. Hurricane Harvey +Harris County Department of Education Create a Harvey = Fund?

  • January 25, 2018

Harris County Attorney Vince Ryan has requested an Attorney General Opinion as to whether the Harris County  Department of Education can create a Hurricane Harvey Relief Fund?

What’s the goal of the Relief Fund? To “provide grant funding to independent school districts located in Harris County to assist with recovery efforts after Hurricane Harvey “

How would the Relief Fund be funded? public funds, tax proceeds generated from Harris County  Department of Education countywide equalization tax 

What else do we need to know about the Relief Fund? 

  • funds would support an HCDE public purpose
  • Its an exception to Article III, §§ 52 and 53 ofthe Texas Constitution prohibiting gifts of public funds because Hurricane Harvey meets the exception for a public calamity

Texas Attorney General Opinion Request RQ- 0208-KP

3 Revisions. New Texas Facilities Commission P3 Policy. Procurement Changes Afoot.

  • January 24, 2018

The Partnership Advisory Commission, The Texas Facilities Commission & P3 Guidelines walk into a bar, 4 revisions to P3 guidelines emerge, no joke.

Revised P3 guidelines at the Facilities Commission will require:

  •  project selection analysis before procurement
  • “public purpose” requirement (hello, eminent domain terminilogy):
    • a public need or benefit
    • estimated cost is reasonable AND
    • private entity participation will allow for timely development or operation
  • evaluation criteria:
    • monetary savings
    • community impact
    • past performance of the proposed bidder

BISNOW | Lawmakers Sign Off On P3 Guidelines For Capitol Complex
 

SCHOOL FINANCE. 2 Colorful Opposition Points against Education Savings Accounts from the Keystone State.

  • January 24, 2018

Opponents to education savings accounts in Pennsylvania say ESAs are:

  • “vouchers on steroids”
  • ““It’s like finding a man in a well and pulling out the only rope available to him to escape from his situation.”

Daily Item Harrisburg | Education supporters prepare to fight ‘vouchers on steroids’

SCHOOL FINANCE TREND. A partial funding option from the Blue Grass State. Read the Bill.

  • January 24, 2018

Kentucky’s gas tax proposal, House Bill 211 will:

  • 3 cents additional gas tax
  • re-brands the icrease from “gas tax” to “school transportation funding fee”
  • the new funds will be specifically dedicated to school transportation

The revenue estimates from a 3 cent school transporation fee in Kentucky:

  • $90 million in new revenue
  • $30 million to be used for bonds for new buses
  • the remaining $60 million will go to the state’s share of school transportation funding

News-Enterprise | Lexington official proposes gas tax to help school transportation costs

Prepare for 2019. Texas Special District indictments + transparency + tax dollars = legislative reform

  • January 22, 2018

The economic development board: Pasadena’s economic development board AKA the Pasadena Second Century Corp

The alleged violation of the opening meetings act:   6 board members. 2 private meetings with a contractor.

What did the baord think it was doing? It thought it was not triggering the open meetings act by subdividing into groups. 

What did the board actually do? Violated the “walking quorum” provision of the Open Meetings Act.

Why does this matter: Special Districts accused of running amock + transparency + tax dollars = legislative reform

Houston Chronicle | Six current, ex-members of Pasadena economic board indicted for private meetings

US News & World Report | Members of Houston-Area Board Indicted for Private Meetings

Tax Legal TREND begetting Lege TREND. Collecting Hotel Taxes from Online Bookings.

  • January 18, 2018

To recap: The 5th Circuit said under current hotel tax statutes, cities, like San Antonio couldn’t collect taxes on amounts not included in the hotel occupancy tax base.

Where are we now? San Antonio has asked the 5th Ciruit to reconsider its ruling by considering San Antonio’s local hotel tax ordinance.

Which cities are involved in this suit?

  • Houston opted out to pursue state court options
  • 173 Texas cities remain in the class action lawsuit

How long has the lawsuit been trucking along? 10+ years

Southeast Texas Record | San Antonio asks federal appellate court to reconsider opinion in hotel occupancy tax verdict

Lege Trend. 5 Opposition Arguments against Fantasy Sports in the Great Plains. Read the Bill.

  • January 18, 2018

The Nebraska Legislature is considering LB 469  that regulates fantasy sports. Opponents stopped the bill procedurally.

The opponents to LB 469:

  • the author is trying bamboozle the chamber
  • not enough consumer protections
  • takes advantage of citizens
  • codifies online gaming
  • gambling addiction causes emotional and financial devistation

Omaha World Herald | Opponents block vote on senator’s proposal to regulate fantasy sports contests

 

Lege TREND. Online Sales Tax Starts in Gulf State. 3 Impacts to Retailers

  • January 17, 2018

In 2016 Lousiana passed a sales tax for online sales from retailers with no physical presence in the state.

In 2018, the online sales tax begins and here’s what’s happening:

  • consumers will receive notices of sales taxes owed from 2017 purchases
    • retailers will send notices to consumers
  • Retailers will also have to provide annual reports to LA’s Department of Revenue that detail what LA consumers spent in the previous year
  • The goal isn’t to target mom-and-pop stores, the law targets out-of-state internet retailers with gross receipts of more than $50,000

LA’s law was modeled after CO’s law that has withstood court scrutiny

AP via Times-Picayune | Louisiana starts collecting unpaid internet sales taxes

Pension Trend + Campaign TREND. Divestment from Oil & Gas. Add a Pension System to the List.

  • January 15, 2018

First came, CALPERS, then New York City joined in to divest its pension system from oil and gas, and now calls are coming for the Illinois to divest.

Pension divestment from oil and gas interests is entering the Illinois Governor race. 

The campaign messaging: “Illinois should divest its pension funds from investments in dirty energy.”

News-Gazette | Biss calls for state pension funds to divest ‘dirty energy’ investments

Open Records Trend. Elected Official Surveys Not Open Records in Texas. SB 4 meets Open Records.

  • January 12, 2018

Texas Attorney General letter ruling  found that a survey from a city council member is not disclosable because no city resources went into conducting the survey.

What’s the big deal about a councilmember surveying his or her constiuents? The question in the survey was an issue before the city council for a vote.

What was the survey question? SHOULD THE CITY OF FORT WORTH JOIN OTHER CITIES IN THE SUIT AGAINST SB4?

Fort Worth Star Telegram | Fort Worth councilman doesn’t have to release results of website survey, Paxton rules

 
 

Legal Trend. 3 Points. TX Supreme Court and Local Bag Ban Laws. The Focus of Bill Drafting.

  • January 11, 2018

Who is suing whom?  Retailers are suing Laredo over Laredo’s plastic bag ban,  Laredo Merchants Association v. The City of Laredo

Who won most recently in the lower courts?  The Merchants Association

What did the lower courts say? Court #1  sided with the city, upholding the plastic bag ban. Court #2, the appellate court sided with the merchants

Can this effect Austin, Port Aransas or Fort Stockton’s bag ban? yes

What’s 2019 legislation going to focus on regardless of who wins:  Texas Health and Safety Code, section 361.0961:  local governments may not “prohibit or restrict, for solid waste management purposes, the sale or use of a container or package in a manner not authorized by state law.” Did this or does this mean plastic bags?

City supporters say:  “Extreme uniformity and regulation fails to address diverse local concerns”

Merchant supporters say: that “inconsistent local laws like the plastic bag bans seen in cities across Texas cause unnecessary strain on small businesses.”

Was there a 2017 bill? Yes, it created a new Business and Commerce Code section affirming the right to use any bag  packing. Texas SB 103 (2017)

 Laredo Merchants Association v. The City of Laredo 16-0748

KUT | State Supreme Court Case Could Bring An End To Plastic Bag Bans In Texas

Pension TREND. Divestment from Fossil Fuel Round 2.

  • January 10, 2018

Add New York City to the list of pensions that are tasked with divesting from fossil fuel investments. 

What other pensions have been charged with divesting from oil? CALPERS and Norways’ sovereign fund 

The $189 Billion pension is charged with divestment within: 5 years

Why? NYC is especially atune to rising sea levels which result from climate change

CNN Money New York City to Exxon: Pay up for climate change costs

Anatomy of Daily Fantasy Sports Revenue in the Empire State. 3 Points about Revenue & its limits.

  • January 10, 2018

Annual revenue NY receives from daily fantasy sports:  More than $3 million

How many companies contributed to the $3 million in revenue? 15

Is there a cap limiting expansion of the 15 companies? Yes, the companies cannot expand until the Gaming Commission adopts rules. 

AP | Online fantasy sports raise more than $3M for New York state

How 1 State Increase a revenue source by 800%

  • January 8, 2018

Wyoming increased its revenue from leasing land to oil and gas companies by mor than 800%.

Why did leasing get a sharp uptick: Most say its due to the use of a new online lease auction system

US News & World Report | Wyoming’s Lease Revenue Climbs by 800 Percent This Year

Lege Trend. Pension Investment Fee Disclosure Codification.

  • January 8, 2018

New Jersey Governor Chris Christie signed a pension bill that codifies pension practices of stress tests and disclosure of investment fees. 

Pensions & Investments | Chris Christie signs bill requiring stress tests, fee transparency at state pension funds

Local TREND. TN City Requires more Economic Development Disclosures.

  • January 3, 2018

Nashville City Council by voice vote passed an ordinance dubbed “Do Better” to require corporations to dislcose more information in economic development deals.

Corporations will now have to disclose the following in economic devleopment deal making:

  • how many county residents they plan to hire
  • anticipated wages
  • 7 years of health and safety violations
  • any wage-related lawsuits against the company or contractors

The Tennesseean | Nashville council passes new transparency rules for future city incentives

SCHOOL FINANCE. 3 Opponent Arguments against ESAs in the Granite State.

  • January 2, 2018

New Hampshire Legislature is considering educational savings accounts in SB 193 (2017-2018).

Opponents make the following arguments against ESAs:

  • ESAs will destablize slow growth districts
  • ESAs will cause school districts to receive less state aid and will increase the burden of fixed costs on already cash strapped districts
  • ESAs will “disproportionately harm property-poor municipalities” while adversely impacting the quality of education
    • The loss of 5 students would exceed the cost of 1 teaching position

NH Eagle tribune | Hampstead speaks out against SB193

Lege TREND. Taxing Marijuana. 25% sales tax proposed. Revenue. Revenue. Revenue.

  • January 1, 2018

New Jersey Legislature is considering S3195 & A4872    to legalize and tax marijuana. 

The bill will create a sliding sales tax of:

  • 7% to 25% over 5 years to encourage early participation

Other regulatory and enforcmement provisions are:

  • Permit those 21 and older to possess up to 1 ounce of marijuana, 16 ounces of marijuana-infused products in solids, 72 ounces in liquid form and 7 grams of concentrate
  • Prohibit home cultivation
  • Create the  Division of Marijuana Enforcement to regulate the industry

Corresponding legislation dedicates the a portion of the revenue to medical treatment and research.

Burlington County Times | Millionaires’ tax, marijuana, minimum wage atop agenda for New Jersey Legislature

Local Revenue Trend. Taxis Subbing in for City Fleets. 3 Bits informed:intel

  • December 27, 2017

Where is this happening: D.C.

How does the program work? City employees contact a taxi participating in the city’s “Vehicles on Demand” pilot. 5 to 10 minutes later, a driver picks her up, checks her employee ID and takes her to her destination.

Benefit to the city: Cuts employee transit time in 1/2

Governing | How Public Employees Could Power the Struggling Taxi Industry

Tax Trend. Taxing Ride Share. Ensuring Cities Retain Revenue in the South.

  • December 27, 2017

In 2017, a statewide ride share bill failed in Alabama. 

2018 brings another attempt at statewide ride share regulation, and local governments are talking ride share revenue:

  • statewide regulation could mean the state getting its hands on local ride share tax revenue
  • statewide regulation also shifts licensing fees from local revenue to state revenue

WBRC | Another statewide ride hailing regulation bill could be proposed in upcoming session

Are you a city looking for economic development, rehabilitating blighted areas & a new tax base? If so, enact this ordinance…

  • December 14, 2017

Follow in the footsteps of Adrian, Michigan and permit and tax medical marijuana facilities from growers to processors to provisioning centers to safety facilities to secure transporters. 

Forget 3 taxing tier systems. That’s so 1999. Welcome 2017 and tax 6 tiers! 

The 4 reasons Adrian, Michigan commisioners supported permitting and taxing marijuana facilities: 

  • Jobs that pay $15-20/hour
  • Funds for blight elimination
  • Economic development
  • Compassion for medical marijuana patients

LenConnect | Adrian OKs medical marijuana facilities