Finance & Revenue
State: Utah
The legislation: In special session, the Utah Legislature passed HB 2003 (UT 2nd Special Session | 2018) and SB 2001 (UT 2nd special session | 2018)
What do the bills do?
US News & World Report | Utah Legislature Passes Requirement for Online Sales Tax
Background on pension administration in Texas:
What 3 things did House Pension Chair Flynn point to in an interview?
Texas Monitor | High salaries for investment execs at pension funds may get close review
Palestine Mayor Steve Presley says his city loses $900,000 per year on online sales.
What type of legislative change would be necessary for cities in texas to tax online sales?
The impact to consumers? An increase in costs for consumers
What does Mayor Presley want the online sales tax to fund? “street repairs and improvements, police officers and firefighters, equipment and vehicles”
Palestine Herald Press | Texas cities lobby for local online sales taxes
Washington State voters in November will consider a ban on local grocery and soda taxes.
Who is supporting the measure in Washington State?
How far reaching will the ban be? The ban will apply to any taxes, fees or assessments on:
Herald Net | Ballot measure would ban local taxes on groceries and soda
Add Pennsylvania to the list of states considering banning local soda taxes.
Philly Voice | Pennsylvania lawmaker introduces bill to invalidate Philly soda tax
Philadelphia Inquirer | California banned new soda taxes. Could it happen in Pennsylvania?
The Louisiana Legislature in 2018 eliminated its school sales tax holiday.
Louisiana established its tax holiday for back to school in 2007.
KEEL 101.7 FM | LOUISIANA WILL NOT HAVE BACK TO SCHOOL SALES TAX HOLIDAY THIS YEAR
State: Arizona
The school funding mechanism: The Invest in Education Act, initiative and referendum on the Novmeber ballot
The revenue source would be increases to Arizona’s income tax by:
The public education funding recipient: teacher pay raises & restoring full day kindergarten
12news | Education activists say Arizona is ripe for Invest in Education Act
Governing | The Week in Public Finance: The Red State That’s Considering a ‘Millionaire’s Tax’
The pension fund: Japan’s Government Pension Investment Fund
Background:The Fund has had 6 quarters of gains
What investments are touted for the 6.9% annual return for Japan’s Government Investment Fund?
The National | Japan’s pension fund posts best returns in three years
Portland Oregon enacted 2 new fees on short term rentals:
VRm Intel | Portland city council votes to collect new fees from short-term rentals.
New Jersey Leegislators are using a short term rental tax as abargaining chip with a Governor opposed to short term rental taxes.
Estimated annual revenue from the short term rental revenue in New Jersey: $250 million
How New Jersey Would tax Short Term rentals:
NJ.com | Tax on shore rentals? I don’t like it, Phil Murphy says of Dem leaders’ key budget offer.
Politico | New Jersey Playbook | SWEENEY makes shore home tax counter-offer
Governing | See Public Records? Governments Are Making It Harder.
State: California
The legislation to prohibit soda/sugar taxes: AB 1838 (2018 | CA)
The compromise: A sunset provision. Prohibiting cities from passing sugar taxes would expire in 2031.
What was the incentive to compromise? Beverage industry & the Business Roundtable had enough signatures for a ballot initiative that would have prohibited tax increases without a 2/3 vote
Los Angeles Times | California Legislature nears deal to temporarily ban soda taxes
Sacramento Bee | California bans local soda taxes through 2030 to avert industry-backed initiative
What’s happening? College and professional sports persons will argue in Indiana Supreme Court that consent must be obtained to use an athlete’s name and or likeness in Daly Fantasy Sports
Why does this matter? The practical issue is whether athletes should be paid to use their name.
IndyStar | FanDuel, DraftKings under microscope in state Supreme Court case being watched nationally
UK pension systems will require pension trustees to assess the social and environmental factors.
Why does this matter in the US? Social & Environmental Investing is on trend according to International Banker analysis and money managers are moving in that direction.
Governing | The Week In Public Finance: Supreme Court Clears Way for States to Tax Online Sales
The revenue outlook in Pennsylvania for Daily Fantasy Sports v. Sports Betting:
Penn Bets | THE FIRST FANTASY SPORTS REVENUE DRIBBLES INTO PENNSYLVANIA’S STATE COFFERS
Pennsylvania’s first revenue reports from regulating fantasy sports show:
Penn Bets | THE FIRST FANTASY SPORTS REVENUE DRIBBLES INTO PENNSYLVANIA’S STATE COFFERS
Florida Court of Appeals upheld Jacksonville Florida’s 2016 half-cent sales-tax surcharge to shore up its police pension system.
News 4 JAX | Court upholds Jacksonville pension half-cent sales tax
Refreshing our recollection: informed:intel 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:
State: Idaho
Idaho’s Tax Exemption from local property tax on production equipment for: hop growers & producers
The legislation: House Bill 594 (2018 | ID) that ensure sthe agricultural equipment exemption from property tax includes hops equipment
Why HB 594? Some local communities wanted toi apply property taxes to hops dryers and other equipment
What’s happening with rule making? Fine tuning definitions of agricultural production, raw product and sellable good
Idaho Capital Ag Press | Idaho tax commission weighs hops equipment exemption
Governing | NBA and MLB Quietly Hustle States for Cut of Sports Betting Jackpot
An IBM led coalition of 400 businesses is urging Congress to support workforce development funds.
The Hill | IBM-led coalition pushes senators for action on better tech skills training
A month after unanimously passing the head tax in Seattle, this week Seattle City Council voted 7-2 to repeal the tax.
A council member said that her vote to repeal was “counter to my values as a person.”
Texas Public Radio | Seattle Repeals Tax On Big Business After Opposition From Amazon, Starbucks
Refreshing our recollection on the employer head tax:
Seattle this week passed its “Amazon Tax” which taxes large employers per employee to fund housing crisis.
Which cities are next?
Which cities already have a head tax for large employers?
CNN | Will these California cities impose a ‘Google tax’ or an ‘Apple tax’?
Tax Foundation | Business Head Taxes Take Aim at Having “Too Many Good Jobs”
An Atlanta news station asked for public records related to Atlanta’s ransomware attack.
The city repsonse: No. Not going to happen.
Why is the city denying the open records request? ongoing investigation, ongoing security concerns
What do freedom of information experts say? The Freedom of Information Act does allow for exemptions during open investigations
CBS 46 | Atlanta officials deny requests for records amid cyber attack
City that passed a proposition for a parcel tax to fund higher teacher salaries: San Francisco
What rate is the parcel tax? annual $298 parcel tax to fund higher teacher salaries
What’s the parcel tax background?
SF Gate | San Francisco passes ban on flavored tobacco; education parcel tax wins
Seattle this week passed its “Amazon Tax” which taxes large employers per employee to fund housing crisis.
Which cities are next?
Which cities already have a head tax for large employers?
CNN | Will these California cities impose a ‘Google tax’ or an ‘Apple tax’?
Tax Foundation | Business Head Taxes Take Aim at Having “Too Many Good Jobs”
Iowa Legislature passed the largest tax cut in state history.
Iowa’s Governor said the following 6 points about the tax cut:
What is the tax cut? An income tax cut
Where is the tax/revenue increase?
Governing | Iowa Governor Signs Largest Tax Cut in State’s History
The cities that have banned plastic straws:
The businesses that banned with plastic straws:
Fast Company | Here are the U.S. cities that have banned plastic straws so far
State: Tennessee
The Bill: SB 1877 (2018 | TN )
What do local law enforcement have to disclose?
Portland, WA is using a shared values approach to economic development.
Shared Values means:
What does this mean for businesses that receive economic development funds? Companies find business opportunities in solving social problems
What group is offering guidance on taxation of cryptocurrency? American Institute of Certified Public Accountants,
To which taxing authority did the American Institute of Certified Public Accountants, submit their guidance? IRS
What 3 pieces of guidance did the accountant group offer?
What areas of crytocurrency taxation regulation do they seek clarification?
Forbes | CPA Group Presses IRS For Clarity On Crypto Taxation
State: North Carolina
Fantasy Sport Regulation Bill: HB279 (2017-2018 | NC)
What legislative moves happened after the US Supreme Court ruling legalizing sports betting?
How is the author of HB 279 responding to claims that Daily fantasy Sports is sports betting?
Arizona Senate Bill 1091 was vetoed by its Governor.
Senate Bill 1091 would have permitted tax payments to be made in cyrptocurrency.
Why was it vetoed? Concerns over impacts on private industry.
Requestor: Chambers County
Which county departments would it like to fund with sales and use tax revenue?
Office of Emergency Management – including, but not limited to:
Maintenance and Operation
Capital Improvements and Equipment
Environmental Health Department- including, but not limited to:
Maintenance and Operation
Capital Improvements and Equipment
Mosquito Control – including, but not limited to:
Maintenance and Operation
Capital Improvements and Equipment including an Airplane
Animal Services – including but not limited to:
Maintenance and Capital Improvements
Capital Improvements and Equipment
The Report is by: Texas Public Policy Foundation
The Report: THE HOTEL OCCUPANCY TAX IN TEXAS
The issues it has with the hotel motel tax in Texas?
The solutions:
city: Portland
proposed short term rental fee: $4 per night for guests + 2% fee for property owners
revenue projections from proposed short term rental fees & tax: $2.5 million to the city’s housing budget
KGW 8 | Portland’s Mayor wants to tax Airbnb, its competitors & hosts
Where: Seattle
What is a head tax in Seattle? A $275 tax per employee for businesses like Amazon, Starbucks & Google that gross over $20 million a year
What will the tax fund? Programs to eliminate homelessness
Governing | Will Seattle’s Controversial Tax on Big Businesses Stunt Its Economy?
County: Seminole County, FL
The reasons Seminole County is accepting cryptocurrency:
Is there a procurement opportunity here? yes, Seminole County contracted with BitPay
The Seminole County Press Release May 2018
Credit Rating Agency: S&P Global Ratings
Credit Rating Reduction: to A from A+
Statement on Credit Rating Reduction:
State: Kentucky
Pension Libaility: total unfunded liabilities at $64 billion
Pensions & Investments | Kentucky’s pension obligations contribute to S&P credit rating downgrade
CALPERs is joining these 2 pension systms in seeking greater internal control over their investments:
What 3 Steps will CALPERS take to control investments?
3 Benefits touted of moving investments to internally controlled holdings:
Wallstreet Journal | Calpers Considers Following Buffett’s Way
Where: Houston, TX
Why were the economic develpoment rules revised? An audit by the City Controller in March 2018
What did the controller audit reveal? need for more documentation, more procedures, more monitoring is needed
What changes were approved by city council in May 2018?
AP | Houston to Require Firms to Give More to Get Tax Breaks
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
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