Finance & Revenue
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”?
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:
WBAA | Lawmakers Revive College Savings Plan Expansion In Key Tax Bill
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.
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
May 2017 Local Bond Election:
May 2016 Local Bond Election:
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
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?
Anchorage Daily News | Alaska Legislature changes the way the Permanent Fund is managed
Anatomy of St. Louis’ lost love for stadiums. What impacted the city’s lost enthusiasm for stadiums?
Governing | How Cities Fell Out of Love With Sports Stadiums
7 Ways that Pension systems in California directly impacted WallStreet:
CALPERS, The California Public Employees’ Retirement System, has:
Los Angeles County Employees’ Retirement Assn. fought successfully to:
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
Chief Executive | Five States To Watch: Texas, Florida, Indiana, Colorado And Alabama
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
State: Alaska
The bill: SB 97 (AK | 2018)
What limits does Alaska’s Senate Bill 97 put on pension 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
Some states with statewide transportation network (ride share) laws permit cities to impose taxes because:
3 Ways Cities are utilizing ride share tax revenues:
Rivard Report | Texas Cities Losing Out on Tax Revenue from Sharing Economy
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?
What was the impetus for the open records request?
Dallas Morning News | Open records request forces Denton to reveal Amazon Air’s interest in airport
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 says:
Texas Public Radio | Hotel Association Attacks Airbnb On ‘Secret Tax Deals’
State: Colorado
The bill: Colorado’s HB18-1070 (2018)
How Colorado’s HB18-1070 funds schools with revenue from marijuana:
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:
Baptist Standard | Voices: Gambling expansion won’t solve education emergency in Texas
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.”
State: Minnesota
The Fantasy Sports Legalization Bill:
the Vote: 48-74.
3 reasons why the vote failed?
“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
$1.4 Trillion is the total funding deficit for U.S. state public pension systems.
What’ the $1.4 trillion background?
Reuters | U.S. state pension funding gap rises to $1.4 trillion in 2016: Pew
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:
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:
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?
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
State: Pennsylvania
An Opinion piece by Americans for Prosperity offers 3 reasons to support ESAs:
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?
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
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?
KCUR | Missouri Lawmakers Trying To Limit Local Sales Tax, Kansas City Fights Back
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.
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?
Why do opponents say “millenial taxes” are bad for New Jersey?
New Jersey 101.5 | GOV. MURPHY’S ‘MILLENNIAL TAXES’ WILL CAUSE EXODUS, GOP ARGUES
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?
Colorado is considering SB18-200 to curb unfunded pension liabilities by:
Chief Investment Officer | Colorado Senate Passes Pension Reform Bill
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.
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?
How deos TN rank in rural hospital closures since 2012? TN is #2 and TX is #1 in the number of rural hospital closures
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:
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:
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
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?
Bloomberg | Texas Teachers Pension Eyes Hiring Spree for Investment Group
State: Alabama
Legislation: SB311 (2018) which would create a funding structure for an open air stadium in
What’s the stadium funding structure?
What do supporters say?
What do opponents say?
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
Arizona Governor Ducey signed HB2484 (2018) that prohibit slocal soda taxes by:
Supporters of the bill:
Arizona Daily Sun | Ducey signs bill barring cities from taxing sugary drinks
State: Alabama
What do I need to know about the politics behind the bill?
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
State: Georgia
The Georgia Fantasy Sports Bill: House Bill 118
3 Key Regulations from the legalization of fantasy sports bill in Texas:
Opposition: Concerned Women for America
The Dallas Morning News Editorial Board offers reasons Texas Legislature should update its Tax Code in response to the federal tax changes:
State: Missouri
The legislation: HB 1657 (2018)
What does Missouri’s HB 1657 do?
What do opponents say?
Texas Comptroller maintains 5 divestment lists:
KOMMUNAL LANDSPENSJONSKASSE GJENSIDIG FORSIKRINGSSELSKAP
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)
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.
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:
Odessa American | GUEST VIEW: School tax abatement deals: Boon or pandora’s box?
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?
Columbus Dispatch | Move to block Crew relocation raises many legal questions
The new angle on Educational Savings Accounts? Military Educational Savings Accounts
3 Reasons the military should have ESAs for their offspring?
50% of military personnel are stationed in states without school choice.
Wall Street Journal | Military Families Deserve School Choice
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
State: Louisiana
The Fantasy Sports legalization bill: Louisiana HB 484 (2018)
The 3 step method to legalize fantasy sports in Louisiana:
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:
What type of revenue is involved for states?
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.
City: Los Angeles
Revenue sources from retail marijuana:
Los Angeles Ordinance policy questions:
Courthouse News Service | LA Rakes in Over $2 Million in Retail Pot’s First Two Months
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,”
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.
State: Maine
The bill taxing short term rentals: Maine LD 1721 (2018) & Maine LD 1805 (2018)
How this bill taxes short term rentals:
Maine Wire | Maine should resist taxing the ‘sharing economy’
State: nebraska
The irrigation tax bill: LB 1022
What does the irrigation tax bill look like?
NBC 2 | Irrigation tax proposed…a nightmare for legislature and ag producers
TPPF’s Texas Prosperity Promise in a nutshell:
FYI expect to see these pieces of legislation replicated in Texas in 2019:
TPPF | A PROMISE TO KEEP TEXAS AHEAD
Mississippi is considering a proposal to reduce its income tax by moving to a consumption tax that raises more revenue by
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?
CT Post | Dan Haar: State could save billions by giving lottery to pension funds
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
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:
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
State: California
Bill: SB 1031
COLA payments & unfunded liability linked: No COLAs if unfunded actuarial liability of the system is greater than 20%
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:
Des Moines Register | Thousands of state government rules would be scrapped under Iowa Senate bill
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
New Jersey is propsing creating manufacturing reinvestment accounts. S1143 (2018)
What would a manufacturing reinvestment accounts do?
Is there a cap? Yes, $100,000 annually for five years
What requirements to create an account?
NJ BIZ | State senate considering new tax deductions for manufacturing
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:
Daytona Beach News Journal | LANE: Bed tax bills look at new uses for tourists’ dollars
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:
Supporters:
Lincoln Journal Star | Senators seek to shield Nebraskans from unintended tax hike
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
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?
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
Kentucky is considering HB 229 (2018) that would authorize casinos to fund state pensions.
The funding mechanism would work like this:
Supporters say:
Opponents say:
TriState Home Page | Bill proposes casinos help fund Kentucky pension systems
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?
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
Colorado is considering SB18-088 that will allow these spacial districts to draw revenue from the marijuana sales tax:
Why was this bill necessary to allow special distriacts access to the marijuna tax revenues?
Empower Texas lays out 3 reasons that it says shows Denton County’s Transit Agency is a “train wreck.”
Denton County Transit Authority (DCTA) by the numbers:
Empower Texans | DENTON’S TRANSIT AGENCY IS A FISCAL TRAIN WRECK
Illinois is considering a $107 Billion bond to shore up its pensions.
What would Illinois do with the bond proceeds?
Bloomberg | Illinois Ponders Pension-Fund Moonshot: a $107 Billion Bond Sale
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
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:
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
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?
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:
BISNOW | Lawmakers Sign Off On P3 Guidelines For Capitol Complex
Opponents to education savings accounts in Pennsylvania say ESAs are:
Daily Item Harrisburg | Education supporters prepare to fight ‘vouchers on steroids’
Kentucky’s gas tax proposal, House Bill 211 will:
The revenue estimates from a 3 cent school transporation fee in Kentucky:
News-Enterprise | Lexington official proposes gas tax to help school transportation costs
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
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?
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
The Nebraska Legislature is considering LB 469 that regulates fantasy sports. Opponents stopped the bill procedurally.
The opponents to LB 469:
Omaha World Herald | Opponents block vote on senator’s proposal to regulate fantasy sports contests
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:
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
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
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?
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
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
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
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
New Jersey Governor Chris Christie signed a pension bill that codifies pension practices of stress tests and disclosure of investment fees.
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:
The Tennesseean | Nashville council passes new transparency rules for future city incentives
New Hampshire Legislature is considering educational savings accounts in SB 193 (2017-2018).
Opponents make the following arguments against ESAs:
New Jersey Legislature is considering S3195 & A4872 to legalize and tax marijuana.
The bill will create a sliding sales tax of:
Other regulatory and enforcmement provisions are:
Corresponding legislation dedicates the a portion of the revenue to medical treatment and research.
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
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:
WBRC | Another statewide ride hailing regulation bill could be proposed in upcoming session
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:
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