State Taxes Weed. Court Says 3 Tier Distribution for Alcohol Applies. Drafting Error or new Liquor Distribution?

  • June 21, 2017

A court in Nevada ruled that the 3 tier liquor distribution applies to marijuana. That means for the weed to be sold and taxed in dispensaries, a liquor distributor must deliver it. 

The requirement of liquor disgtributors to be involved began because voters approved an initiative that said marijuana would be regulated in a manner similar to alcohol

Courthouse News Service | Booze Dealers Retain Exclusive Rights to Pot Distribution in Nevada

Op-Ed. Texas State Rep. Burrows. Special Session Priorities.

  • June 18, 2017

Texas State representative Dustin Burrows is prioritizing the following issues for the upcoming special session:

  • Property Tax Reform
    • Greater Transparency
    • Details on which taxing jurisdiction sought more funds
    • Reign in the rollback rate which is effectively at 8%
  • Fix ASATR
    • extend ASATR
    • eliminate the small-school adjustment
  • Pro-Life Initiatives

Lubbock Avalanche Journal | Dustin Burrows: Key issues that need to be addressed in special session

4 Veto Highlights. Local Tax Bill.

  • June 15, 2017

HB 2182 By Reynolds | Zerwas | Miller relating to the authority of a county assistance district to impose a sales and use tax was vetoed to:

  • prevent a possibility 
  • the interpretation could have allowed a local sales tax rate above the legal limit
  • “The two percent cap on local sales tax must never be exceeded. “
  • The veto statement goes on to blame the drafting. Bad draft. The next bill draft needs more clarity.

Governor Abbott Vetoes HB 2182

Lege Trend. Taxing Marijuana. Tax Rates & Revenue Dedication in the Silver State.

  • June 15, 2017

Nevada Governor Sandoval (R) signed 3 pieces of legislation taxing marijuana at the following rates:

  • As low as $50 for Medical marijuana cards
  • 10% excise tax on sales of recreational marijuana
    • Potential annual revenue: $70 million
    • Revenue dedicated to Rainy Day Fund
  • 15% wholesale tax on both medical and recreational marijuana

Senate Bill 487, Senate Bill 344 & Assembly Bill 422 Nevada 2017

Governing | 3 Marijuana Regulations Signed, 1 Vetoed in Nevada

 

Wine Taxes. High. Low. Texas is #44.

  • June 15, 2017

How the excise tax for a gallon of wine compares across the states:

  • #44 Texas & California at $0.20
  • #1 Kentucky $3.17
  • #2 Alaska $2.50
  • #3 Florida $2.25
  • #4 D.C. $1.79
  • #4 Iowa $1.75
  • #5 New Mexico & Alabama $1.70
  • #7 Virginia & Georgia $1.51
  • #9 Maryland & Rhode Island $1.40

Tax Foundation | How high are wine taxes in your state?

+1 State. Hybrid Pension Plans. 3 Key Pieces of informed:intel from the Bill.

  • June 13, 2017

The state adopting new hybid pension plans: Pennsylvania

What limitations were put around the new hyrbid pension plans in PA’s SB 1 (2017)?

  • Future, non-high risk employees will be placed in a plan that allows them to receive 1/2 of their benefits from the current taxpayer-funded plan & 1/2 from a 401(a) defined contribution plan
  • Current employees have an option to opt-into a defined contribution plan
  • New employees are hired into the defined contribution plan

Chief Investment Officer | Pennsylvania Pension Reform Bill Becomes Law

Philadelphia Inquirere Editorial | New pension plan for PA is a good start, but it’s only that: a start

Wall Street Journal | Pennsylvania Lawmakers Compromise on Pension-Overhaul Bill

Americans for Tax Reform | Pennsylvania Pension Reform Aims to Help Taxpayers & Beneficiaries

State #12 Legalizes Daily Fantasy Sports. 6 Bits informed:intel from the Bill

  • June 10, 2017

Vermont becomes the 12th state to legalize daily fantasy sports. 

S 136 in Vermont sets up a regulatory framework that:

  • Delegates to the State Attorney General and Excutive Branch power to establish a registration fee and tax for daily fantasy sports
  • Defines fantasy sports to concern knowledge and skill of the player
  • Requires daily fantasy sports companies to establish commercially reasonable policies to prevent employees and professional athletes from participating
  • Requires players to be over 18
  • Data security measures for fantasy sports data
  • Require 3rd party indpendent audits

The other states with daily fantasy sports regulations:

  • New York
  • Massachusetts
  • Tennessee
  • Mississippi
  • Colorado
  • Missouri
  • Indiana
  • Virginia
  • Kansas
  • Maryland
  • Arkansas
  • + Nevada which requires a gaming license

Vermont S 136 (2017) 

Legal Sports Report | An Even Dozen: Daily Fantasy Sports Now Legal In 12 States After Vermont Enacts Law

National Law Review | Vermont Becomes Second State to Legalize Daily Fantasy Sports in 2017

SCHOOL FINANCE. 5 Points from Lt. Gov. "Truth about Education Funding in Texas"

  • June 9, 2017

  • It is misinformation that the Legislature cut education funding
  • Texas state budegt funds $60 million for public education + $28-$30 million in local property taxes for public education
  • Education is 52% of state general revenue
  • SB 1 fully funds education + funds it for 80,000 projected new students
  • The Texas House killed ASATR Funding by not agreeing to the Senate’s version of House Bill 21

Statesman | Two Views: The truth about education spending in Texas, by Dan Patrick

+1 City. New Beverage tax on sodas and coffee.

  • June 8, 2017

City: Seattle

The tax would impact which beverages: soda, fruit juice, energy drinks, sweet tea, and sugared coffees

The tax: 21cents per can of soda in the city limits

How does the sugar tax compare to the state’s beer tax? It is 8 times higher

The opposition included an unlikely alliance of business community & labor unions. 

Americans for Tax Reform | Seattle Passes Staggering New Beverage Tax Despite Opposition from Unions and Businesses

 

 

SCHOOL FINANCE TREND. A Plains State. Unconstitutional School Finance System. 38 Points in Legislative Solution.

  • June 8, 2017

The Kansas Association of School Boards summarizes the pending school finance fix in Kansas with these 38 points:

 
  1. Overall funding and base state aid: House base of $4,006 in FY 2018 and $4,128 million; three-year rolling average of consumer price index (Midwest) beginning in 2020, no earmarking of appropriations for weightings.
  2. Kindergarten and preschool at-risk: count kindergarten as 1 FTE regardless of attendance in FY 2017-19 or whichever year district begins to offer all-day kindergarten.
  3. Three-year average enrollment option: permitted for districts receiving federal impact aid.
  4. Military students: adjust enrollment by the gross increase in military students from Feb. 20 count.
  5. Out-of-state students: next two years, count as 1 FTE; 2019-20 and 20-21, count as 0.75 FTE; 2021-22 and beyond, count as 0.5; exemption for students whose parents are enrolled in the district or were enrolled previous year.
  6. 20 mill levy: reauthorized for two years.
  7. Local Option Budget: up to 33 percent of foundation aid; subject to protest petition over 30 percent but not election.
  8. Artificial LOB base: indexed to three-year rolling average of CPI beginning in FY 2020.
  9. Supplemental (LOB) state aid: equalized 81.2 percent as under prior law; use three-year rolling average in assessed valuation per student beginning in FY 2019.
  10. Transportation aid: use Legislative Post Audit formula with 2.8 factor; four-year grandfather for  districts that would receive less than in current year.
  11. Low and high enrollment weighting: as previous law.
  12. Bilingual weighting: greater of contact hours enrollment at previous weighting (0.395) or headcount bilingual  enrollment weighting (0.185).
  13. At-risk weighting: 0.484 with 10 percent minimum; up from 0.456 under previous law.
  14. High density at-risk: same as previous law, except also applies to individual school buildings in districts that do not qualify.
  15. At-risk education funds: must be used for best practices identified by State Board, beginning in FY 2019.
  16. CTE weighting: Same as previous law in FY 2018 and 2019; then expires.
  17. Career and postsecondary education fund: authorizes expenditures for CTE programs, postsecondary courses, and distance learning courses.
  18. CTE cost study: requires KSDE to do a cost study of CTE programs and make recommendations in 2018.
  19. New facilities weighting: same a previous law but only for bonds approved prior to July 1 2015.
  20. Special education weighting: special education aid divided by base aid per pupil.
  21. New special education funding: $12 million added each year; goes through current formula, not regular FTE enrollment.
  22. Ancillary weighting: same as previous law.
  23. Cost-of-living weighting: same as previous law.
  24. Declining enrollment weighting: authorized at 50 percent of amount provided for FY 2018 under previous law; expires after next year (2018).
  25. Virtual school aid: same as current law ($5,000 for full time students; $1,700 for part-time students; $709 per course for adult students).
  26. Extraordinary declining state aid: districts may apply to State Board for grant funding if having extraordinary enrollment decline since 2014-15.
  27. Accreditation system: must equal or exceed goal of each student meeting the Rose capacities; State Board report on system each January.
  28. USD financial report: KSDE makes financial report each January showing funding and expenditures, with demographic information.
  29. Legislative reviews: revise base aid by July 1, 2021; review virtual aid in 2020; review successful schools model in 2022 and 2026.
  30. Legislative Post Audit Reviews: 2018 – virtual schools; 2019, 2022 and 2025 – cost to achieve performance outcomes; 2020 – at-risk student funding; 2021 and 2026 – successful schools comparison; 2023 – bilingual weighting; 2024 – transportation costs.
  31. Capital outlay authorized uses: expanding to include utilities, property and casualty insurance and maintenance of existing fixtures.
  32. Capital outlay state aid: equalized as under current law.
  33. Bond and interest aid: districts with less than 260 students must obtain State Board approval for aid for new facilities; state aid is prohibited for extracurricular facilities as defined by the State Board unless for safety or disability access; the State Board may not authorize new bonds statewide in excess of the amount of bonds retired in the previous year; exemptions are districts which have not had a bond issue in the previous 25 years or have not reached the 14 percent cap requiring State Board approval.
  34. Property tax abatements: allowed for 20 mill statewide levy; not allowed for capital outlay levies.
  35. Increment tax financing: excludes capital outlay levies.
  36. Tax credit scholarship act: requires participating private schools to be accredited by the State Board or an accrediting agency approved by State Board by July 1, 2020; total cap on contributions is not increased but individuals and LLCs may make contributions (currently limited to corporations).
  37. Public policy goal for instruction: no change from current law.
  38. Sunset of school finance formula: July 30, 2027.
 

 

Lege Trend. Tax Weed to Fund Rainy Days.

  • June 7, 2017

Which state implemented a new 10% tax on recreational marijuana? Nevada

What will Nevada fund with the weed tax? Nevada’s Rainy Day Fund

What was the initial funding source for the weed tax? Educational Savings Accounts.

Las Vegas Sun | ESAs’ loss of earmarked money from pot tax is rainy day fund’s gain

3 Bits informed:intel to know now. More Legislative & Legal Action on County Energy Transportation Reinvestment Zones

  • June 7, 2017

What are County Energy Transportation Reinvestment Zones? In 2013, the zones were created to allow for a funding mechanism for counties whose roads required repeair as a result of the shale boom.

In 2017, the legislature repealed County Energy Transportation Reinvestment Zones, why does this still matter? There is a pending lawsuit invoilving the family of formner Texas Governor Dolph Briscoe and Dimmit County. 

What legislative issues will emerge if the pending lawsuit moves forward?

  • Whether the 113 counties that created these reinvestment zones did so without constitutional authority and thereby the property taxes levied by the zones are unconstitutional.
  • Would the unauthorized property taxes have to be returned to tax payers?
  • How far would the repayment of the property taxes reach and to how many reinvestment zones?
  • What does it mean for the future of special districts?

 

San Antonio Express News | Legendary Briscoe family sues Dimmit County

SCHOOL FINANCE + Business Trend. How to pay for busing students to schools out of area?

  • June 6, 2017

 Who is promoting ride share for public education? U.S. Education Secretary DeVos

Are there local governmental entities embracing ride share for public education? Yes, Denver’s school district is providing transportation to underserved students attending both traditional public and charter schools

How do libertarian types want ride share for education to be funded? Educational Savings Accounts

Reason | Uber, But for School Buses

+1 State Fantasy Sports & Online Gambling. Read the Bill.

  • June 6, 2017

Which state legislature is moving online gaming and fantasy sports? Illinois

What is considered key to legalizing and regulating daily fantasy sports in Illinois? Casino approval of daily fantasy sports

What entities will be permitted to operate in Illinois? Casinos with a physical location in Illinois

Illinois HB 479 (2017)

Forbes | Illinois Could Be The Next State To Offer Online Gambling

new Revenue Trend. State Uses Novel Approach to Capture Online Sales Tax.

  • June 5, 2017

State: Massachusetts

How Massachusetts is capturing new sources of online sales tax revenue: re-defining how a retilaer has a presence in the state

What is the new definition of presence in Massachusetts to trigger sales tax: It’s black and white- an app is a presence, a cookie left on a mobile device is a presence. 

What’s the response from NetChoice, an association of ecommerce sites: “your business is subject to the taxation [and] regulation in any state where a user simply enters their website address. That can’t hold up to legal scrutiny, because it certainly doesn’t hold up to common sense.”

Texas Public Radio | Massachusetts Tries Something New To Claim Taxes From Online Sales

 

Tax Proposal. Tax Restaurants to Pay for Nursing. 3 Key Points.

  • June 1, 2017

Originators of the tax plan: California Nurses Association

The tax: new taxes on consumer purchases like new cars and dining out at restaurants, and business revenue

The revenue would fund:  A “Canadian” style healthcare system with no premiums, no deductibles and no out of pocket costs for prescriptions

How would California pay for this?

  • new taxes, see above
  • savings realized from cost savings from reductions in executive salaries and administrative costs for health care billing
  • health care efficiency, reducing unnecessary or inefficient medical services
  • federal funds
Opposition: Insurance Carriers & California Chamber of Commerce
 

Taxing Festivals. States that Tax Admission and States that Exempt Certain Festivals.

  • June 1, 2017

3 Ways Festival Admission Tickets are treated under state tax laws:

  • Wisconsin & Illinois impose a sales tax on the cost of admission tickets to festivals.
  • Texas does not impose a sales tax on an admission ticket for fesitvals operated by a 501c3.
  • Massachusetts imposes NO tax on admission tickets.

 

What about promotional items given away at festivals?

  • Colorado specifically imposes a use tax on the entity giving away products
  • California, Washington & Rhode Island also impose a use tax on swag.

Bloomberg BNA | SALES TAX SLICE: PRIDE FESTIVITIES COULD BE A MAJOR SOURCE OF REVENUE FOR STATES

 

7 Examples of Taxing Marijuana

  • May 29, 2017

  • Colorado. 
    • 15 % excise tax
    • 10 %state tax on retail marijuana sales (falling to 8 percent as of July 1, 2018)
    • 2.9 % state sales tax
    • local sales taxes (the average rate in Colorado is 4.6%)
    • local excise taxes on marijuana, such as the 3.5% tax in Denver
  • Alaska
    • flat tax of $50 per ounce
  • California
    • 15% sales tax
    • $2.75 tax per ounce on leaves
  • Nevada
    • 15% excise tax
  • Oregon
    • 17% sales tax
  • Washington
    • 37% sales tax
  • Maine 
    • 10% sales tax

Tax Foundation | Marijuana Legalization and Taxes: Lessons for Other States from Colorado and Washington

3 Bits informed:intel. The Conservative Talking Points. Texas' State Budget.

  • May 28, 2017

A conservative cadre made the following statements about SB 1:

  • “SB 1 comes within several millions of dollars of the 2018-19 Conservative Texas Budget target of $218.5 billion—after accounting for the delay of $1.8 billion in transportation appropriations.”
  • “The 86thTexas Legislature will have approximately $2.7 billion to spend in its supplemental appropriations bill in 2019 in order to remain under the final CTB limit of $221.23 billion for the entire 2018-19 biennium.”
  • “Though the budget increases public education spending without reforms such as school choice, Texans would benefit from the passage of what would be a second consecutive Conservative Texas Budget.”

The conservative organizations, http://www.conservativetexasbudget.com/:

TEXAS PUBLIC POLICY FOUNDATION

LIBERTY ACTION TEXAS

AMERICANS FOR PROSPERITY, TEXAS

AMERICANS FOR TAX REFORM

NATIONAL CENTER FOR POLICY ANALYSIS

YOUNG CONSERVATIVES OF TEXAS

NFIB TEXAS

R STREET INSTITUTE

OUR AMERICA INITIATIVE

TEXAS EAGLE FORUM

STATE BUDGET SOLUTIONS

HERITAGE ALLIANCE

NATIONAL TAXPAYERS UNION

CITIZENS AGAINST GOVERNMENT WASTE

SCHOOL FINANCE TREND. 3 ESA lessons from the Silver Mine State.

  • May 28, 2017

Backgound: Nevada passed Educational Savings Accounts a couple years ago. The Nevada Supreme Court found the funding mechanism, rooted in education funding, unconstitutional under the Nevada Constitution. In 2017, the Nevada Legislature is trying to fix it.

The 3 Deals to Fix ESAs floated in Nevada Legislature:

  •  A sliding scale for ESAs, less household income, more ESA
  • Reduced funding down from the requested $60 Million to $20-$30 million
  • Approval of ESA opponent initiatives

Las Vegas Review Journal | Dealings continue at Nevada Legislature in battle to fund ESAs

+1 Red State Moving Fantasy Sports Regulation. 3 Bits intel. No DFS Kiosks.

  • May 26, 2017

State: Ohio

The fantasy sports regulation:

  • fantasy sports are explicitly prohibited at kiosks or at machines
  • state licensing of Daily Fantasy Sports by the Ohio Casino Control Commission
    • The Ohio Casino Control Commission will set the licensing fee by rule
  • defines fantasy sports as knowledge and skill

WKSU | Ohio House Passes A Bill to Further Regulate “Fantasy Sports”

Ohio House Bill 132 (2017)

Lege Trend. Sales Tax Holidays for Doomsdayers and Boy Scouts?

  • May 25, 2017

State: Florida

The Sales tax holiday created:  A sales tax holiday for hurricane supplies (and school supplies)

What does the hurricane preparedness sales tax holiday look like?

  • Its a June 2-4, a three-day emergency preparedness sales tax holiday
  • that excepts from sales tax:ice, batteries, first-aid kits, gas tanks, coolers and generators 

Sun Sentinal | Gov. Rick Scott signs tax holidays for hurricane and school supplies

 

 

State Goes into Economic Development Special Session

  • May 25, 2017

State:  Missouri

The economic development goal: 

  • return jobs
  • help a region of the state that’s suffered economically since a major aluminum smelter closed last year

What lure do the companies need to move into the economically repressed area of Missouri?

  • a cheaper electric rate with a longer contract than is allowed under current law

What’s the opposition say? Doing this would allow electric companies to raise rates on residential customers

AP | Missouri Lawmakers Power up for Electric Special Session

What does TPPF Polling Say is What Texans Want from the TX Legislature?

  • May 25, 2017

  • 20% want lower property taxes
  • 17% school finance reform
  • 16% no new spending, no new taxes
  • 15% don’t know
  • 13% more funding for CPS
  • 12% more funding for border security
  • 4%lower business taxes
  • 4% school vouchers

TPPF | WHAT DO TEXANS WANT MOST FROM THE LEGISLATURE?

Can a City Save Revenue By Privatizing an Airport? Anatomy of a Privately Run Airport.

  • May 23, 2017

The City: St. Louis

What problem is Lambert International facing? The airport handles 1/2 the traffic it did 10 years ago when St. Louis was no longer a hub for a major airline

Whose genius idea is it to privatize the airport? A limited government think tank, Grow Missouri

How does an aiport privatize? Requires FAA permission, 

What beenfits can a private airport operator bring?

  • strategic approach to running the airport
  • improve the facilities to attract new vendors
  • negotiate better flight schedules with airlines
  • lure more cargo business

Has this worked elsewhere? Yes, its common in Europe and airports in Memphis, Indianapolis and Louisville have improved their fortunes by expanding cargo operations.

Governing | Should Struggling Airports Be Turned Over to Companies?

Lege Trend. Bill to Allow Fantasy Sports Operations in Casinos. 5 Pieces of Informed Intel.

  • May 23, 2017

State: New Jersey

The Bill: Assembly Bill 3532

What would it allow? Allows racetrqcks and casinos to apply for fantasy sports licenses

The licensing agency in New Jersey: the state Division of Consumer Affairs

The tax/fee on fantasy sports operators in NJ: quarterly fee of 10.5% of gross revenues on companies that receive permits 

NJ.com | N.J. could soon allow casinos to run daily fantasy sports

Courier Post | New Jersey Assembly votes to regulate daily fantasy sports

Legal Trend. Fantasy Sports + Horse Racing= Hold Your Horses. 5 Points to Know from the Court Ruling.

  • May 22, 2017

The State: California

The Court: U.S. District Court for the Central District of California

The Opinion

The big deal in the ruling: This form of fantasy sports is gambling. 

The California court’s ruling could be persuasive to pending suits in these states:  Illinois, Massachusetts, Texas and New York

The Recorder | Fantasy Sports Operators Eye Calif. Ruling on Horse Racing

Pension Debt Funding Ratios. By State. By the Numbers.

  • May 19, 2017

Lowest 25 funding ratio states (below 80% funded):

  • Includes Texas with stated unfunded liablity of $69,352Million & a market value of  unfunded liabilities at $243,718 Million
  • Also includes:
    • Georgia at $22,150 Million in stated unfunded liability & $92,310 million in market value  of unfunded liabilities
    • Colorado with $29,583 million in stated unfunded liabilities and  $66,388 million in market value of unfunded liabilities
    • New Jersey with $135,701 million in stated unfunded liabilities & $161,856

Top 25 funding ratio states (above 80% funded):

  •  California, Florida, New York

2 Highest Funding Ratios:

  • South Dakota
  • Wisconsin

Hoover Institution | Monday, May 15, 2017 | Hidden Debt, Hidden Deficits: 2017 Edition

 
 

SCHOOL FINANCE. 2 Economic Benefits of Federal Private School Voucher Credit

  • May 18, 2017

A report by: Institute on Taxation and Economic Policy & School Superintendents Association

Lays out 2 arguments supporting federal private school vouchers:

  • profitable tax shelters by high-income taxpayers
  • Economic boon for corproations and investors

How does the federal tax credit work? Offers “supersized” incentives to donate to organizations that distribute private school vouchers

Do residents of every state enjoy the tax benefits? No, only 17 states with private school voucher tax credit

Tax Justice | Investors and Corporations Would Profit from a Federal Private School Voucher Tax Credit

Lege Trend. Lowering State Borrowing Costs by Adopting New Bonding Mechanism

  • May 17, 2017

State: Connecticut

The new bonding mechanism sought to reduce CT’s cost of borrowing: investors revenue bonds

How are investors revenue bonds financed? A tax-secured revenue bond that is paid back directly from the state’s income tax revenues

Governing | Fresh Off Another Downgrade, Connecticut Has a Plan to Lower Borrowing Costs 

TREND. Setbacks for Fantasy Sports Regulation. East, Northeast and South. 4 Setbacks.

  • May 17, 2017

States that have not passed fantasy sports regulations: Texas,  Florida & North Carolina

State that is increasing penalties on fantasy sports operations: Massachusetts is considering hefty fines on operators as a mechanism to replace the 2016 temporary fantasy sports regulations.

Salem News | Fantasy sports sites could face hefty fees

Legal Sports Report | Daily Fantasy Sports Industry Gains Victory After Setbacks In Texas, Florida

WRAL | Fantasy sports bill fails in committee

 

TREND. Paying Down Pension Liabilities. 3 Points from the Garden State Proposal to Use Lottery Funds to Pay Pension Debt

  • May 15, 2017

State: New Jersey

3 points from Gov. Chris Chritie’s proposal to use lottery proceeds to pay down pension debt:

  • ease the burden on future budget writers, by reducing the amount of pension liabilities
  • Automatic injection of inject a $13.5 billion
  • Dedicated funding source for 30 years

How does this work? New Jersey’s lottery will become an asset of the pension system

NJ.com | What you need to know about Christie plan to slash N.J. pension debt with lottery cash

3 Ways TPPF says Cities Are Part of the Property Tax Problem. Committee Testimony Snapshot.

  • May 12, 2017

Relying on information from the Comptroller’s website, TPPF says

  • Cities impose a property tax burden of $305 per capita or $1,220 for a family of four
  • The tax burden has grown 137% since 2000 while population & inflation is 82%, based on TPPF analysis
  • City propety taxes have grown by 5.82% every year between 1996 and 2015

TPPF | YES, CITIES ARE PART OF THE PROPERTY TAX PROBLEM

The looming threat to municipal bonds.

  • May 12, 2017

Smoke signals are being sent that Congress could act to cap or limit the tax benefits of tax-exemopt municipal bonds.

What would happen to cities if the benefits of tax exempt municipal bonds is removed?cities would find it far more expensive to finance capital improvements and other infrastructure

What has been financed by tax-exempt municipal bonds?

  • 4million miles of roads
  • 500,000 bridges
  • 16,000 airports
  • 900,000 miles of water pipes
  • municipal bonds support more than 1.5 million civic projects

Governing | The Growing Threat to Municipal Bonds

+1 Red State Extending Tax Credits for Economic Development.

  • May 11, 2017

Arizona approved last minute tax incentive extension for spurring business development.

Arizona Senate Bill 1416 (2017)

Arizona Republic | Arizona Legislature ends session with tax, welfare bills on final day

Tax Incentives Gone Awry. County Offers Tax Breaks for Noah's Ark Theme Park. No one came 2 by 2.

  • May 11, 2017

The County: Grant County, Ky.

Grant County’s solution to its financial woes was to offer tax incentives to:  the Ark Encounter, a religious theme park that includes a “life-sized reconstruction” of Noah’s ship, along with a creation museum

The additional county revenue with the Ark Encounter? $0, the tax incentives were too steep

What seems to be the economic development flaw in Grant County’s plan?

  • few other attractions nearby to entice visitors
  • not enough hotel rooms to accommodate tourists
  • not enough restaurants to draw tourists into local business districts

Governing | No Help From Noah: The County That Banked on a Religious Theme Park to Solve Its Money Problems

Sunshine State. Bids Adieu to Economic Development.

  • May 10, 2017

The Florida Legislature passed a budget that funds the agency that directs economic devleopment but does not fund:

  • business incentives that Governor Scott relies on to lure businesses to expand or relocate in Florida

Governor Scott’s commented that Florida is out of the economic development game when the Legislature rejected his funding request.

News Service of Florida | Rick Scott: Florida’s Out of the Economic Development Game

Lege Trend. Making it a Crime to Interfere with a State Auditor Investigation.

  • May 10, 2017

The interference with an state auditor investigation: The University of California President, Janet Napolitano, intercepted and reviewed surveys sent independently to 10 campuses before they were submitted to the state auditor

The Legislative reaction: making it a crime to “intentionally interfere” with a state auditor’s investigation

 

State Increases Rural Hospital Tax Credit

  • May 9, 2017

Georgia’s  SB 180 was signed by its governor to increase the rural hospital tax credit from 70% to 90%.

The goal of the tax credit: encourage more investment in rural hospitals as too few invested with the 70% tax credit

Atlanta Journal Constitution | Georgia governor signs into law 50-plus pieces of legislation

3 Points. Report Says Special Districts Lack Transparency.

  • May 4, 2017

Report by: U.S. PIRG, a public interest research group

Did they review Texas Special Disgtricts? Yes, and  the 3 special districts from Texas have “received at least one Transparency Star from the Comptroller.”

The recommendation: “Districts should make available the most recently approved budget document on their website.”

Special Districts by the numbers in this report:

  • As of 2012, more than 38,000 special districts nationwide
  • 38% publish their most recent budget online
  • 30% posted comprehensive annual financial reports
  • 11 of the 79 sampled post NO budget information online

Governing | Most Special Districts Lag in the Transparency Department

Lege Trend. Dark Store Bills in theLand of Cheeseheads. . 4 Point Bill Package.

  • May 4, 2017

State: Wisconsin

The dark store bill package will:

 

  • Overturn a 2008 court ruling that “property be assessed at its highest and best use,” 
  • Clarify that, for property tax purposes, real property includes any leases, rights and privileges pertaining to the property
  • Require assessors to value property based on comparable properties “within the same market segment and similar to the property being assessed with regard to age, condition, use, type of construction, location, design, and economic characteristics,”
  • Exclude vacant stores as comparable properties for valuing open stores 

Wisconsin State Journal | GOP bills target ‘dark store’ big-box tax strategy based on Madison court ruling

 
 

Lege Trend. Spending Bills with Data Security Requirements.

  • May 4, 2017

The federal spedning bill passed with the following language to increase funding across the baord for cybersecurity:

“strengthen our technical collection and analysis capabilities in cyberspace.”

Politico | SPENDING BILL MOVES WITH CYBER RIDERS

Lege Trend. Gas Tax Increase Begets Initiative to Repeal Last tax Increase.

  • May 4, 2017

The gas tax: 12 cent increase on the gas tax added into the state budget

State: California

How long after the bill signing by the Governor did the initiative begin? a week

Sacramento Bee | Initiative filed to repeal California gas tax increase

Regulatory Trend. Expanding Business Taxes to Space Travel Income.

  • May 1, 2017

The state: California

The proposed rules to tax space income:  

“gross receipts shall be attributed to this state based upon a mileage factor, weighted at 80 percent, and a departure factor, weighted at 20 percent ”   California’s Porposed Space Travel Tax

Bloomberg | New Tax Frontier: California Offers Space Flight Rules

Blasting News | California mulling a tax on rocket launches

 

Opponents to Split Roll Property Tax Blame Pensions. 3 Key Pieces of Intel from out West.

  • April 27, 2017

The California legislative proposal:  a split role property tax to increase  business property tax

Supports say the split roll tax will fund:  schools,  libraries & police

Opponents say the split roll tax will fund: 

  • Pension liabilities.
  • Local pension and health benefits consume local revenues and at CalPers and CalStrs.
  • When pensions consumer revenues, or when CalPers or CalStars ask for larger contributions from local governmental entities, local entieis cut services like schools, libraries and police.

Small Business Action Committee | Sacramento Bee | Split roll property tax proposal is really a pension tax

Editorial. 2 Reasons Senate Budget Trick is Legal but Wrong.

  • April 26, 2017

The Texas Attorney General  issued an opinion that the Senate Budegt manuever to delay a transportation funding payment is likely legal. 

In response, the Dallas Morning News offers an editorial, Texas Senate’s accounting trick may be technically legal, but it’s wrong, raising these points:

  • the responsible thing for budget writers to do is to use the Rainy Day Fund
  • There is a gaping funding hole in the state Child Protective Services and foster care system

TREND. Suburban County Economic Development Roadmap

  • April 26, 2017

The County: Parker County has a new EDC, the aptly named,   Economic Development Council of Parker County.

Parker County’s inspiration: Katy Texas

The goals of the suburban EDC: 

  • “Not a good ol boys club”
  • Will pursue, enhance, maintain and promote economic development and commerce in Parker County
  • Utilizing a planned, non-political approach to seeking long-term economic growth
  • Focusing on quality growth with sustainable employment
How does this compliment city economic development efforts?
  • County and City economic development groups will work together
  • Create cohesive plan to take development to a new level
  • Goal of bringing high paying jobs to the area & bringing the communities together

2 States Tie Fantasy Sports to Gambling Legislation. Ball and Chain.

  • April 25, 2017

Pennsylvania

  • Fantasy Sports & Online Gambling being tied to each other’s fate
  • Proposal is to tax online slot revenue at 54%
  • A proposal calls for a 25% revenue tax on daily fantasy sports revenue & a $2.5 million up-front licensing fee

Florida

  • Seminole gaming compact, a gaming expansion and fantasy sports are being tied to each other’s fate

Legal Sports Report | The Fate Of Daily Fantasy Sports, Online Gambling Are Tied Together In Pennsylvania

SCHOOL FINANCE. Speaker Straus Statements on HB 21. 6 Points.

  • April 24, 2017

  • More Money. HB 21 provides “more than $1.8 billion in additional funding for public education”
  • More money across the board. “more than 95% of school districts and almost every charter school would receive more dollars per-student”
  • Modern Calculations. “modernize the formulas”
  • Local dollars stay local. allows “more taxpayer dollars to stay in their local schools”
  • Less reliance on property taxes. “begin to reduce our over-reliance on local property taxes.”
  • Less Robinhood. Reduces Robinhood payments by almost $400 million over 2 years

Joe Straus | Newsletter: House Approves Key Education Bill

TEXPERS: Pension Rates of Returns by the Numbers.

  • April 24, 2017

36%: 19 of 52 Texas pension fund systems reporting an assumed rate of return of 8% or lower in 2011

78%: 61 of 78 Texas pension fund systems, reporting assumed rate of rteturn of 8% or lower in 2016  

The impact: better pension health

Chief Investment Officer | TEXPERS: Texas Pension Systems in Better Health with Lower Target Rates

AG Opinion. 85R SB 1. 3 Reasons why the AG Chose the Senate Side.

  • April 24, 2017

In KP-0143, Attorney General Paxton sets up 3 reasons why the Senate’s funding mechanism of timing transfers to the State Highway Fund is a-ok in his book:

  • The Constitution requires a transfer of net revenues, and the Comptroller says you can’t calucate “net” until after the fiscal year closes
  • “Net revenue” isn’t defined, and if we look to precdent, other statutes and the dictionary, we agree “net” has to occur after a fiscal year ends
  • The issue is simply- is it more important that the constitutional requirements focus on the money that is deposited or when it is deposited? The AG says money is more important than time.

Statesman | In budget fight, Attorney General Ken Paxton sides with Texas Senate

Dallas Morning News | Texas AG Ken Paxton sides with Senate on budget maneuver poo-pooed by House leaders

Houston Chronicle | Paxton rules $2.5 billion Senate budget plan legal

Local tax Trend. Berkeley passes Soda Tax. What happened after 1 year?

  • April 20, 2017

  • 10% drop in sales of sugary drinks
  • 16%  increase in sales of bottled water

Kaiser Health News | As California Weighs Soda Warning Labels, Tax In Berkeley Shown To Dilute Sales

Lege Trend. 2 Reasons to tap Rainy Day Fund from the Dakotas

  • April 19, 2017

State: North Dakota

Supporters of tapping the ND Rainy Day Fund: 8 North Dakota State distinguished professors

The professors rational for tapping the Rainy Day Fund:

  • cuts to higher education create long term economic impact to a state
  • higher education quality will falter 

North Dakota State University | The Spectrum | Distinguished Profs Call on Legislature to Tap Rainy Day Funds

Lege Trend: Pay Pension Costs with State Savings Fund. Keystone State Edition.

  • April 18, 2017

Pennsylvania wants to use which state funds to pay pension costs? The State’s Surplus Revenue Fund

What triggered this idea? PA’s Legislative Audit Advisory Committee voted to accept the audit report 

Why does this sound familiar? Texas Comptroller Hegar proposed a similar idea in recent weeks. 

PennLive | Let’s drain the Legislature’s slush fund and use it to pay for pensions: Dan Truitt

Statesman | Comptroller Glenn Hegar: Reform rainy day fund to tackle pension issue

informed:intel on March 23, 2017:

Comptroller Glenn Hegar proposes investing to meet Texas long term obligations.

The Comptroller’s proposed idea:

  • set aside some state Treasury balances to address long-term obligation by either:
    •  reserving a portion of the existing Economic Stabilization Fund
    • -or- 
    • capping the ESF and dedicating a portion above the cap to the permanent fund for long term obligations
  • 7 states use long term investing on their severence taxes; including:
    • Alaska, Montana, New Mexico, North Dakota, Utah, West Virginia and Wyoming

Comptroller | Investing to Address Long-Term Obligations

 

SCHOOL FINANCE: Western State. Revitalize ESAs. Legislative Trading. What you need to know:

  • April 18, 2017

State: Nevada

When did NV pass ESAs? 2015

What happened after NV passed ESAs? The Nevada Supreme Court declared the funding mechanism unconstitutional in 2016

The 2017 fix: Nevada Senate Bill 506 (2017)

The ESA buy-in for opponents:  ESA amendments to gain favor for Majority Party proposals.

Is this opposite day?

  • Each Chamber of the NV Legislature is controlled by Democrats
  • The Democratic control is not strong enough to pass legislation without Republican support

Las Vegas Review Journal | The good, bad and ugly still alive in the Nevada Legislature

5 States with no Daily Fantasy Sports

  • April 18, 2017

None of these states have permitted fantasy sports, nor enacted legislation to study daily fantasy sports:

  • Iowa
  • Washington
  • Montana
  • Louisiana
  • Arizona

Legal Sports Report | No Joy In Iowa For Daily Fantasy Sports, As Bill Is Not Likely To Pass

The TIRZ. The $2.5 tax increment. The $72M annual budget. The Allegations. The Bill to Fix it.

  • April 17, 2017

The TIRZ: Memorial City TIRZ

The tax increment of this TIRZ: $2.5 Billion

The annual budget of Memorial City TIRZ? $72 million

The allegations: 

  • TIRZ board members are “developer-friendly appointees whose vote in lockstep with the developers’ interests”
  • The TIRZ serves to benefit developers

The bill to fix it: HB 4046 requiring TIRZ board memebrs to live within 2 miles of the TIRZ

Houston Chronicle | Cynthia H. Neely is a board member of Residents Against Flooding and a homeowner in Memorial City TIRZ 17 | Taxation without representation at Texas’ TIRZes

Lege Trend. Tax Incentives for Manufacturers. Via the Free State.

  • April 13, 2017

State: Maryland

The manufacturing tax incentive bill signed by the Governor will:

 

  • Apply to  “distressed counties” + 3  counties  chosen by the state Commerce Department
  • Help new manufacturers creating jobs over the next 10 years by offering:
    •  sales tax refunds
    • state property tax credits
    •  relief from filing fees
    •  5.75% credit against income tax for the wages they pay
    • allows for accelerated depreciation  to write off the cost of capital purchases in one year
    • capped at $10 million a year statewide
  • In exchange for the incentives, companies must:

    •  offer programs that allow their employees to improve their job skills

Governing | Maryland Hopes to Lure Manufacturers With Tax Breaks

Tax Foundation. Property Tax Reliance. By the Numbers.

  • April 13, 2017

The states most hevily reliant on state and local property taxes are:

  • #1  NewHampshire  66.1% of state and local tax collections
  • #5 Texas  40.4%
  • #2 New Jersey 47.5%
  • #3 Rhode Island 44.6%
  • #4 Vermont 42.2%
  • #6 Maine 39.9%
  • #7 Connecticut 38.3%
  • #8 Montana 38.2%
  • #9 Illinois 36.5%
  • #10 Massachusetts 36.3%
  • #38 California. 25.4%
  • #13  Florida 35.7%
  • #30 Ohio. 28.6%
  • #27 Pennsylvania 29.8%

Tax Foundation |  To What Extent Does Your State Rely on Property Taxes? 

Business Trend. No to Film Incentives. #1 reason why.

  • April 13, 2017

Company: Netflix

Netflix’s position on film incentives: Invest in infrastructure over incentives

Netflix’s rational for not chaing film tax incentives:

  • chasing tax incentives in other states produces diminishing returns on screen
  • tough on workers
  • grinds on talent

The Wrap | Netflix Plans to Move Productions to California, ‘Invest in Infrastructure,’ Ted Sarandos Says (Exclusive)

Southern State Passes Fantasy Sports. No Consumer Protections. No Regulations. Just Tax. Read the Bill.

  • April 13, 2017

State: Arkansas

What does Arkansas’ bill to  legalize fantasy sports look like?

  • 8% tax on gross fantasy sports revenue
  • no consumer protections
  • no registration or license requirements
  • a finding that fantasy sports is not gambling

Arkanasas HB 2250 (2017)

Legal Sports Report | Arkansas joins the party on DFS

11 States Legalize Fantasy Sports.

  • April 12, 2017

  • New York
  • Massachusetts
  • Tennessee
  • Mississippi
  • Colorado
  • Missouri
  • Indiana
  • Virginia
  • Kansas
  • Maryland
  • Arkansas

Legal Sports Report | Arkansas Governor Signs Fantasy Sports Bill; Becomes 11th State To Legalize FanDuel, DraftKings

3 Points. New Report. States moves from defined benefit to defined contribution

  • April 12, 2017

The report: “Why Pensions Matter

The group behind the report:  National Public Pension Coalition

 In the 1990s Viriginia & Michigan ceased defined benefit plans & this is what happened:

  • MI & Va moved to 401K style plans
  • State costs went up 
  • Retirement security for state employees, teachers and lawenforcment “plummeted”
  • In 2003, VA found that a defined benefit plan cost the state 1/2 the cost to administer
    • VA reopened the state pension & offered a voluntary 401K
    • 78% opted for the pension
  • In Michigan costs have increased and funding levels have decreased leaving thr average social worker with $37,000 in a 401K and a monthly retirement annuity of $400

The Hill | Public pensions matter — just ask Michigan and West Virginia

 

 

3 Pension Reforms from the Palmetto State.

  • April 11, 2017

The Palmetto State: South Carolina

The South Carolina Pension Reforms.

  • More Contributions
    • State contributions will increase to 13.56%, that’s up 2 points
    • State conribution to law enforcement pensions will incrase to 16.24%, that’s up 2 points
    • Annual increases of 1% from 2018-2023
    • State employee contributions increase to 9% from 8.66%
    • State law enforcement contributions increase to 9.75% from 9.24%
  • Shorter Amoritization. Over next 10 years, 20 year amoritization. 
  • Lower assumed rate of return.   7.25% from 7.5%
    • After 2012, the assumed rate of return will be set every 4 years by the board of the South Carolina Public Employee Benefit Authority

Pensions & Investments | South Carolina Legislature passes pension reform bill

TPPF touting a Pension Poll. The info to know:

  • April 7, 2017

Poll conducted by:  Texans for Local Control  a 501(c)(4)

Who was polled: registered voters in Houston

The result TPPF champions:  

  • 64% of Houstonians widely support transitioning new employees to a defined contribution plan; 20% oppose
  • 70% support a vote on pension obligation bonds

TPPF | ICYMI: TEXANS EAGER FOR AUTHENTIC PENSION REFORM

Comptroller: Dark Store Commercial Appraisals = Corporate Welfare= Welfare Zombies!

  • April 6, 2017

The Comptroller lists the problems with dark store commercial appraisals in a supporter email as:

  • the cost is carried by residential property owners
  • homeowners cannot argue to ARBs that their proeprty is “too special” to value
  • the appraisal playing field should be level

The cost of dark store appraisals:

  • cost our local governments $2.6 billion annually within five years
  • cost $1.2 billion in lost school property taxes
  • cost of $703 million a year away from the Foundation School Program

Comptroller Glenn Hegar Op-Ed | Sinister-sounding dark store theory is corporate welfare

Texas #21 in Pension Funding

  • April 6, 2017

The Tax Foundation ranked states by how well funded each states’  pensions are funded.  

What you need to know:

  • Texas has the 21st  | 79% funding ratio
  • South Dakota is #1  | 107% funding ratio
  • Oregon is #2  | 104% funding ratio
  • California #24 | 76% funding ratio
  • Florida #10 | 91% funding ratio
  • Ohio #20 | 80% funding ratio
  • New York #6 | 98% funding ratio

Tax Foundation | How Well Funded Are Pension Plans in Your State?

TX Editorial Against Fantasy Sports. 3 Points of Opposition.

  • April 6, 2017

  • It is fantastical to think of fantasy sports as anything other than gambling.
  • changing the definition of what is gambling would avail online gambling sites 
  • Fantasy sports should play by the rules. 

Ft. Worth Star Telegram | We bet against fantasy football’s skill defense

Lobster & Fantasy Sports. The Legislation:

  • April 6, 2017

Maine is proposing fantasy sports regulation that would:

  • require annual registrtation with the Maine Department of Public Safety
  • annual fee of up to $5000

the legislators label fantasy sports: gambling

Maine SP 449 (2017)

Maine Sun Journal | Maine may tax, regulate fantasy sports leagues

Netflix Tax. Supporters. Opposition. Statewide Preemption legislation.

  • April 3, 2017

State: California

The statewide preemption:  California AB 252 (2017) creates a 5 year prohibition on cities and counties taxing streaming video services

Supporters of the preemption say: Streaming services provide content & are not table utilities 

Which groups are in opposition?

  • League of California Cities
  • California State Association of Counties
  • California Cable & Telecommunications Association

Which groups are in support?

  •  Internet Association
  • AT&T
  • Computer Technology Industry Association

The Recorder | ‘Netflix Tax’ Proposals Pit California Cities Against Tech

Kansas has a Budget Crisis. Legislators Fill it By Funding Cuts to State Pensions.How. Why. Impact to Taxes.

  • March 30, 2017

Kansas has a revenue shortfall.

To overcome the revenue shortfall, Kansas cuts state contributions to public employee pensions.

Why cut the pension amount? To lower the amount of new revenue Kansas needs from higher taxes.

KNSS | Kansas Senate advances budgets with pension move

Empower Texas Makes 2 Points on the Status of Pension Reform.

  • March 30, 2017

Empower Texas | WHERE IS THE LEGISLATURE ON PENSION REFORM?

3 Points. Speaker Straus Statement on House School Finance Bill.

  • March 30, 2017

  • reduces Robin Hood by almost $400 million
  • makes needed structural changes
  • puts more resources into the classroom
  • reduces the pressure on local property taxes

Speaker Joe Straus | Straus Applauds Committee Vote on School Finance Reform

Texas HB 21 (2017)

Online Sales tax. Texas SB 1713. 5 Key Points.

  • March 29, 2017

What points does Senator Uresti make about his SB 1713?

  • SB 1713 requires ” large out-of-state online retailers to remit the same sales tax as everyone else”
  • A 2015 US Supreme Court decision created an opening for state’s to challenge the pre-internet requirement for a physical nexus before a tax could be levied
  • Texas needs this to fill budget cuts
  • SB 1713 could bring revenue of $247.2 million to $1.8 billion
  • SB 1713 is about closing a loophole

 

Sen. Uresti | Tribtalk |  Outdated sales tax system thwarts Texas businesses

Pension Obligation Bond Legislation.Nutmeg State. Statewide or Local POB rules?

  • March 27, 2017

State: Connecticut

The pension triggering legislation: Bridgeport, CT wants to restructure its pension liabilities for its police nad fire fighter pension by ossuing pensino obligation bonds to lower its costs by $2.8M per year

The legislative quagmire: 

  • Connecticut’s Assembly prefers statewide legislation and not local legislation
  • Supporters say other municipalities with similar unfunded liabilities might want to take advantage of the bond market and pay off their unfunded debt
  • Several members of the substative committee are pushing for a Bridgeport POB specific bill in lieu of statewide legislation

CT Post | Bridgeport pension bill clears committee

TREND. How the Wolverines are legislating dark store property tax appraisals?

  • March 27, 2017

State: Michigan

The dark store property appraisal issue: Some Big Box stores seek to lower their property tax appraisals by having the big box store’s property be appraised as though the property was vacant

How the Michigan Legislature is addressing dark zombie store appraisals? 

  • limit comparable properties for big box stores
  • consider supply, demand, and economic vitality of property

Which groups oppose this legislation in Michigan?

  • Michigan Chamber of Commerce
  • retailers
  • grocers
  • manufacturers

Crain’s Detroit Business | Fight over big-box store taxes back in Michigan Legislature

Michigan House Bill 4397 (2017)

3 Ways Inaction will be costly to Houston Pensions. City Controller.

  • March 24, 2017

City Controller Chris B. Brown lays out the following arguments why inaction on the Houston pension crisis will be costly:

  • Until a fix passes the legislature, the liability grows at a rate of $1 million per day
  • It is not financially viable to move the pensions from defined benefit plans
  • For the first time in its history, Houstonended its fiscal year with a negative statement of net position, largely due to the pension liability. This impacts Houston’s credit ratings.

TRIBTALK | For Houston pension crisis, cost of inaction is high

Transparency & Economic Development. Report Highlights Good. Bad. Ugly in Texas.

  • March 23, 2017

Good: Austin scores high in economic development transparancy as the country’s most transparent city

Bad:

  • fails “to disclose even the names of companies that have received economic development tax breaks ”
    • Harris County
  • “do notprovide adequate online disclosure of any of their subsidy programs”
    • Dallas
    • Bexar County
    • San Antonio
    • Harris County
    • Tarrant County
  • “Texas’ reporting of local property tax abatements (Chapter 312) does it poorly. ”
    • The Annual Comptroller report does not include business names

Governing | Show Us the Local Subsidies 

54% | Portion of the 50 largest counties and cities that disclose no basic information online about the tax incentives they offer businesses.

 

Comptroller: Funding Long Term Obligations with New Fund

  • March 23, 2017

Comptroller Glenn Hegar proposes investing to meet Texas long term obligations.

The Comptroller’s proposed idea:

  • set aside some state Treasury balances to address long-term obligation by either:
    •  reserving a portion of the existing Economic Stabilization Fund
    • -or- 
    • capping the ESF and dedicating a portion above the cap to the permanent fund for long term obligations
  • 7 states use long term investing on their severence taxes; including:
    • Alaska, Montana, New Mexico, North Dakota, Utah, West Virginia and Wyoming

Comptroller | Investing to Address Long-Term Obligations

Comptroller Hegar: 4 Long Term Fiscal Obligations

  • March 23, 2017

Comptroller highlights 4 long term fiscal obligations facing the state:

  • state employee pension funding;
  • health care coverage for public school teachers and employees (TRS-Care);
  • the Texas Guaranteed Tuition Fund, a state-sponsored tuition savings plan; and
  • deferred maintenance for state buildings.

What warning flares has the Comptroller sent?

  • In December he mentioned the 4 long term fiscal obligations in a letter to lawmakers
  • In March he detailed the long term fiscal obligations in his Fiscal Notes publication

What specific Issues are facing ERS?

  • unrealistic assumptions about investment returns
  • inadequate contributions 
  • longer life expectacy
  • fewer contributors to the system
  • 30% of ERS is law enforcmeent, which tends to retire earlier

Policy options to fix ERS:

  • raising member and/or state contributions
  • one time lump sum payment to ERS- either GR or Economic Stabilization Fund
  • Pension obligation bonds
  • Reducing benefits to future or future and current members
  • Switching to a Hybrid plan ro Defined Contribution

 

What issues are facing TRS?

  • pharmacy costs 
  • emergency room costs
  • chronic conditions 
  • Rising TRS Care population

TRS Policy Solutions, Look to the 2015-2016 TRS Joint Committee:

  • Health Reimbursement Accounts
  • High Deductible (HD) Plan 
  • Medicare Advantage Plan 

 

 Fiscal Notes | Long Term Obligations and Texas State Government 

 

Local Gov Trend: City Squirrels Away Funds to Protect Pension. Credit Ratings Group Likes It.

  • March 22, 2017

City: Detroit

Pension Saving Action by Detroit: Established a fund to pay a balloon payment, due in 7 years

How does the pension’s savings fund work?

  • funded by surplus tax revenue funds
  • the fund is labeled “”retiree protection” trust fund”

Repsonse from Moody’s: “credit positive”

Crain’s Detroit Business | Detroit city pension catch-up plan wins plaudits from rating agency

Lege Trend. Rust Belt Fantasy Sports Bills.

  • March 20, 2017

State: Ohio

The bill:  House Bill 132 (2017)

The regulatory framework:

  • Defines fantasy sports as a game of skill
  • Oversight agency: Ohio Casino Control Commission
  • Licensing fee: $30,000
  • consumer protections such as: age limits, prohibition of daily fantasy sports employees playing, and segregation of player funds

State: Pennsylvania

The bill: House Bill 865 (2017) 

The regulatory framework: 

  • Oversight agency: PA Gaming Control Board
  • Defines fantasy sports as a game of skill
  • Registration fee is set by the Gaming Control Board with a cieling of 5% of the operators revenue

Legal Sports Report | Two Important States For Daily Fantasy Sports Industry Have New Bills

4 Issues from TPPF. Certificates of Obligation.

  • March 16, 2017

What label does TPPF put on certificates of obligation? Certificates of Obligation: Nonvoter Approved Debt 

What issues does TPPF raise about certificates of obligation?

  • Use of certificates of obligation has risen 63% from 2007 to 2016
  • TPPF calls for longer notification periods
  • TPPF wants a standard of “5% of the total number of voters that voted in the most recent gubernatorial election can compel a public vote”
  • TPPF wants to limit the types of items that can be funded by certificates of obligation

TPPF | Certificates of Obligation: Nonvoter Approved Debt 

2 Reasons why Dallas Police Fire Pension Stopped DROP Payments

  • March 15, 2017

On March 9th, Dallas Police and Fire Pension System stopped paying DROP payments.

Here’s why DROP stopped:

  • The Fund was unable to renegotiate a debt agreement that could trigger a call on a $174 million loan
  • City Council member trustees had threatened lawsuits if DROP payments were made while a deal was being negotiated

Dallas Morning News | Dallas Police and Fire Pension System won’t pay out DROP withdrawals after all

 

Lege Trend. Fantasy Sports Legislation in the middle of the bible belt. 3 Pieces of Intel to be Informed

  • March 15, 2017

State: Arkansas

How Arkansas seeks to regulate fantasy sports:

  • legal recognition as a game of skill
  • tax fantasy sports companies at 8% of profits

The author ties fantasy sports to church: “This is a thing that folks do on Sunday afternoon, you know, when they get home from church, and watching a game.”

Arkansas HB 2250 (2017)

THV 11 | Proposed bill would legalize fantasy sports betting in Arkansas

Sen. Kolkorst . Highlights. Statement on Fantasy Sports Bill.

  • March 14, 2017

  • “Texans love sports and their freedom”
  • that’s why ” I filed Senate Bill 1970″
  •  “I am a longtime advocate for personal freedoms and limited government.”
  • “We must protect our liberties and rights”
  • We must protect our “ability to play a game of skill that millions of Texans already enjoy.”
  • “Fantasy sports add to the experience of watching your favorite team, and I’m excited to work with my fellow lawmakers and the sports fans all across Texas to pass this legislation.”

Legal Sports Report | Texas Senator Takes Aim At Legalizing Daily Fantasy Sports

Press Release | Senator Kolkhorst Files Legislation to Protect Fantasy Sports in Texas

3 Points. Opponents. Fantasy Sports in Minnesota.

  • March 13, 2017

Opponents to Fantasy Sports make the following 3 arguments in Minnesota:

  • season long fantasy sports is skill, daily fantasy sports is a game of luck
  • daily fantasy sports is “”is much like running a bookmaking company.”
  • daily fantasy sports targets young people who were ” “who were born with cell phones in their hands.”

The retort from the bill’s author: daily and season long fantasy sports are the same

What the Minnesota bill does:

  • requires registration with the state
  • background checks for operators
  • regular audits of companies offering the sport
  • consumer protections like:
    • banning companies that run fantasy sports from playing the games
    • bans games in which winners are determined by scores of actual games
    • requires players to be paid within 72 hours
    • mandates that skill levels of players must be available to others

Duluth News Tribune | Minnesota legislators consider regulating daily fantasy sports playing

Lege Trend. Fantasy Sports Legislation in the Tarheel State.

  • March 13, 2017

State: North Carolina

Highlights from the bill:

  • state registration
  • 18 year old player requirements
  • defines fantasy sports as:
    • An online fantasy or simulated game or contest in which an entry fee is charged and all of the following conditions apply:
      • the public knows the awards/prizes ahead of time
      • knowledge and skill of participants
      • no winning outcome is based on a single player or a single team
  • 10% of fantasy revenues go to the state

North Carolina HB 279 (2017)

WSOCTV 9 | Fantasy sports operators could be regulated in North Carolina

Refinancing State Debt to Help State Pensions. 3 pieces of Intel from the home of the Tarheels

  • March 9, 2017

State: North Carolina

How has refinancing debt helped pensions in North Carolina:

  • Savings gets distributed in this formula:
    • 15% to the pension fund
    • 85% to pay down retiree health-care debt
  • Since 2009, North Carolina has refinanced $4 billion to garner savings of $289 million
  • Bond experts note that the savings isn’t immediate

Governing | How Refinancing Debt Can Help Pensions

+1 New Regulatory Structure for Fantasy Sports. Read the Bill.

  • March 9, 2017

State: North Carolina

The 2017 Bill: HB279

The regulatory structure for new fantasy sports regulations:

  • Oversight: Secretary of State’s Office
  • Excluded from the definition of gaming or gambling
  • Defined as contests ““be determined by accumulated statistical results of the performance of individuals.””
  • player age limit: 18+
  • operators would be required to pay a registration fee equal to 10 percent of their contest revenues from the previous year
    • minimum: $2,500
    • registration fee cap: $10,000
       

Rep. Flynn on HB 3158. Dallas Pension.

  • March 9, 2017

Chairman Flynn on his HB 3158 reforming the Dallas Police and Fire Pensions:

  • HB 3158 “calls for “a new strong board of trustees”
  • “This board will be free of heavy representation of those from elected positions and those without significant business experience,
  • HB 3158’s goal: actuarial soundness
  • he thanks “Sam Friar and Kelly Gottschalk at the plan, Mayor Rawlings”

CBS DFW | Bill Introduced To Create New Dallas Police And Fire Pension Board

KMOO | Chairman Flynn files Dallas Pensions Bill

Pro.Con. Bible Belt. State Daily Fantasy Sport Legislation.

  • March 9, 2017

State: Alabama

The Supporters of Daily Fantasy Sports in Alabama Say:

  • Not Gaming. its not “r normal casino-type slot machines and table gambling”
  • Normalized Behavior. People are already doing it with their friends.
  • State Should Not Restrict. Alabama should not be “in the business of restricting people from participating in daily fantasy sports competitions”

The Opponents of Daily Fantasy Sports in Alabama Say:

  • Addiction. Daily Fantasy Sports is as addicting as gambling
  • Bad Economic Choice.  Daily Fantasy Sports “hurts the economy by suppressing the amount of money spent on goods and services”
  • Kids will be in the Casino. Students will be playing Daily Fantasy Sports

Opelika Auburn News | Online fantasy sports could soon be legal in Alabama

Alabama legislation for 2017: SB 28, SB 270, and HB 354

 

3 Things Warren Buffet Said about Pension Problems.

  • March 8, 2017

  • Pension problems are caused by money managers
    • exorbitant fees
    • under performing results
  • $100 Billion – the amount pensions, endowments and the wealthy have lost to money managers
    • Buffet thinks $100 Billion is a conservative calculation
  • All of this was reocrded in Buffet’s annual letter released last weekend

D Magazine | Warren Buffett Says Greedy Money Managers Are to Blame for Public Pension Problems

NY Times | DealB%k | Buffett Asks Big Money: Why Pay High Fees?

Warren Buffet’s Annual Letter (February 25, 2017) 

Harris County. Chapter 313. The total incentives are….

  • March 7, 2017

$2.15 Billion tax incentives granted by school districts in Harris County.

In the non-petrochemical areas, the biggest incentive package is Waller ISD at $11.5 million. 

Houston Business Journal | School handout: How Houston corporations benefit from Texas’ largest tax incentive program

 

Week of Big Texas Finance Reports. Be Informed:

  • March 2, 2017

CAFR from the Comptroller & Report to the Citizens of Texas:

  • Economic Growth will be slow
  • Unemployment rates will remain low
  • Service-producing industries grew by 2.6%
  • Goods producing industries declined by 2.9%
  • Largest employment growth rate was educational and health services 4.1%
  • Mining and logging industry had the greatest rate of decline  of 11.4%
  • Texas exports in 2015 was $251 billion 
  • Since 2002, Texas is the leading state exporter

State Financial Annual Audit from the SAO:

  • Economic Stabilization Fund balance was $10.2 billion
  • $7.9 billion in cash in the State Treasury
  • $1.8 billion in current and non-current investments
  • $439.5 million due from the General Revenue Fund
  • FY16 was $140.4 billion, an increase of $6.7 billion or 5.0% since the prior fiscal year
  • State’s assets on August 31, 2016, totaled $290.0 billion, a 7.3%
  • State’s bonded indebtedness was $47.1 billion

 

HB 526 Limit Open Records to Texans.

  • March 2, 2017

  • Adds Texas residency requirement to open records 
  • Makes an open records request from a non-Texas resident discretionary
  • 7 states have this standard: Tennessee, Arkansas, Delaware, Georgia, New Jersey and Virginia
  • In 2013, US Supreme Court gae the A-OK to this residencey requirement

Courthouse News Service | Lawmaker Wants Public Info Restricted to Texans

Texas House Bill 526 (2017) 

Pension Trend. Shut Down Pensions. Unique Trigger in Red State. 3 Key Points to Be Informed.

  • March 2, 2017

State: South Carolina

The Pension Fix that unanimously passed the South Carolina Senate: 

  • Close down the state pensions to new employees once the pensions are fully funded
  • The projected timeline: 2040s 
  • Future employees would be on a  defined contribution plan

Post & Courier | SC Senate unanimously passed plan to repair state pensions — and then shut them down

Pension TREND. Garden State Proposal. Fund Pensions By Leveraging State Assets. 3 key Points to the Plan.

  • March 1, 2017

Governor Chris Christie has a pension funding plan- use the lottery.

Here’s Christie’s plan:

  • reduce the unfunded liability by $13 billion
  • increase the funded ratio from 49% to 64%
  • the plan seeks to realize the value of the lottery like a private business would realize value from assets

Pensions & Investments | New Jersey governor proposes using lottery money to bolster state pension system

Pension TREND. Sunshine State City Pension Deal with Police.

  • February 28, 2017

Jacksonville, Florida and its law enforcement officers are reaching a deal to solve its pension $2.7 billion liability crisis. 

Here’s how the Jacksonville and police officer penion deal is shaking out:

  • Voters approved a 1/2 cent sales tax increasre to go into effect in 2030
  • The sales tax increase is triggered if andf only if officers agree to a fix
  • 65% of law enforcement officers voted to approve 401Ks for new hires
    • 82% of captains and lieutenants approved the 401Ks for new hires
  • The 401K deal comes with a 3%  bonus and a 20% across the board pay increase 
  • The 401K deal also includes a return of all cut benefits during the 2000 financial downturn
  • The 401K deal includes a 25% contribution by the city
  • Contribution rates of current pensions will increase from 8% to 10%
  • The final step will be approval by rank and file officers in March

News 4 JAX | FOP membership approves mayor’s pension deal

SJR 41 Rainy Day Fund Cap

  • February 27, 2017

The bill:  SJR 41 by Seliger  Proposing a constitutional amendment to provide for foregoing the transfer of oil and gas production tax revenue to the economic stabilization fund if the ending fund balance for the preceding fiscal year is greater than $5 billion and for reducing the rates of oil and gas production taxes by amounts sufficient to equal the foregone transfer.

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What you need to know:

  • Severence taxes put into the Rainy Day Fund to be cut if there is more than $5 billion in the Rainy Day Fund
  • Rainy Day Fund balances above $5 Billion will fund general revenue & the state highway fund
  • Supporters say:
    • it would immediately move more money into general revenue & the state highway fund
    • once the Rainy Day Fund dipped just below $5 billion, it would unlikely exceed $5 billion again
    • The author says ““the most pro-business bill filed in the 85th Legislature,”

Amarillo Globe | Seliger proposes bill to cap oil and gas production taxes