INTERIM. Local Gov. Trend: Create a Commission to Oversee Local Pensions

  • June 16, 2016

What local government created a commission to oversee pensions? Grand Trverse County Commissioners

What’s the goal of the pension advisory board?  To prevent and correct pension debt & improve transperancy in the pension plans

What do I need to know about the pension advisory board?

  • will meet on a quarterly basis
  • will provide regular reports
  • membership includes:
    •  commissioners’ chair or vice chair,
    • county administrator,
    • finance director,
    • treasurer
    • 3 citizens with a financial or investment background

Traverse City Record Eagle | Commissioners create pension board

Lege Trend: The Stacked Hybrid Pension Reform. 5 Bits of Intel:

  • June 16, 2016

What’s Pennsylvania’s 2016 pension reform? A Stacked Hybrid Plan

What’s a Stacked Hybrid Pension?

  • Applies to all new employees- state employees & public school teachers
    • baseline pension
    • traditional formula of years of service x 2% of final average salary
    • converts to a (401)k-style plan for any income earned over $50,000-per-year, & for all income after 25 years of service
    • For new enrollees, the the 401(k) threshold income would be adjusted up by 1%
    • 7% employee contribution
    • 4% state contribution on compensation above the 401(k) income threshold
  • No impact to current employees or teachers
  • Excludes State law enforcement

What’s the saving to the state with this pension reform plan? $10 billion over 30 years

How’s the reform progressing? Easily passed the House 136 to 59

What do supporters say? This reform will ” save the debt-plagued public pension systems billions over the coming three decades”

Pennsylvania HB 1499

Herald Mail Media | Pa. House sends public pension overhaul to Senate

Legal TREND. Billboard Tax. Local Governments.

  • June 16, 2016

The Court: 3rd Court of Appeals

The question: Is Austin’s billboard tax permissible?

The Court’s answer: No.  

The logic of the 3rd Court of Appeals:

  • The TX Constitution limits local taxes to no more than 1/2 of the state’s tax
  • The state has no billboard tax
  • A federal judge had already said Austin’s billboard fee is a tax
  • Therefore, Austin’s billboard tax is impermissible

What does this mean for Austin? The 3rd Court of Appeals accepted the billboard company’s expert that said the true cost of Austin’s billboard regulation is $115 per billboard.

What does this mean for 2017? Can we say a permissible billboard tax for local governments?

Statesman | Appeals court: Austin must refund $200,000 for improper billboard fee

Another Governor Signs Fantasy Sports Bill

  • June 11, 2016

Which state: Colorado

The key phrases from Governor Hickenlooper:

  • Smart regulation to protect consumers, but with a light-touch that does not stifle innovation
  • Hope Colorado will be an incubator for the many innovative fantasy sports companies
  • Hope the state can become a real home for this emerging sector of the tech industry

Fan Duel | Colorado Legislature Passes Fantasy Sport Bill

Sugar Tax. 5 Key Points.

  • June 11, 2016

Texas Public Radio looks at Philadelphia’s proposed Sugar Tax. 5 Questions Answered:

  • What’s included in the proposed new tax?
    • 1.5 cents-per-ounce on sugar and artifically sweetened soda
    • revnue dedicated to education
  • Why is this a big deal?
    • precedent setting, other cities have failed to pass a soda tax, only Berkeley has an enacted soda tax
  • What’s the evidence that taxing sugary drinks would lead people to drink less of them?
    • “its intuitive” says one economist
    • In 2014 immediately after a soda tax in Mexico, sales declined (sales have since rebounded)
  • Who supports the proposed tax?
    • Philadelphia Mayor says its about an industry that makes a lot of money on the backs of poor people
    • religious leaders &  faith organizations
    • teachers
    • business owners
    • public health advocates
  • Who opposes the proposed tax?

INTERIM. Legal Trend. Pension Cost of Living Not Guaranteed. Even if Contractual.

  • June 11, 2016

The Court: New Jersey Supreme Court

The decision:  No contractual right to pension cost of living adjustments 

The response from Moody’s credit service ratings: ” eliminates a major threat to the state’s fiscal stability”

How can this impact other states: Federal Appellate Courts have upheld the contractual COLA payments

CNBC | New Jersey top court sides with state in high-stakes pension case

+1 State. Fantasy Sports Laws.

  • June 9, 2016

The trend that just keeps moving- daily fantasy sports regulations.

Which state is immenently passing statewide regulation of daily fantasy sports? New York

The key elements of the deal:

  • consumer protections
  • registration fee for daily fantasy sports providers of $150,000
  • 15% tax to generate $5 million/annually

Lower Hudson | Daily fantasy sports to get Legislature approval

New York Times | Committee in Albany Reaches Deal to Legalize Daily Fantasy Sports

 

 

Legal Trend. Texas Supreme Court Royalty Case Projected to Cost Texas Less Revenue. 3 Pieces of Intel.

  • June 8, 2016

Ray Perryman group analyzed the economic impact of a Texas Supreme Court ruling in favor of Southwest Royalties. 

The informed intel:

  • A ruling that allows the sales tax exemption for items used in the processing of oil and gas is consistent with Texas law
  • Will pay dividends to the state for decades
    • Within 5 years, total state and local tax gains will exceed losses
    • Tax gains will be due to increased exploration due to lower costs
  • The short term revenue hit to the state is lower than projected at $2.4 Billion

Gilmer Mirror | Study by Perryman Group Finds Texas Supreme Court Ruling in Favor of Southwest Royalties Would Provide Substantial Long-Term Economic Benefits to State

New Kid on the Block. McKinney Economic Development Corp.

  • June 8, 2016

The new president of the McKinney Economic Development Corporation:

  • Darrell Auterson
  • begins post on July 1st 2016
  • 35 years experience
  • 1st economic development gig in Texas
  •  president and CEO of the York County Economic Alliance in York County, Pennsylvania
    • led $2 billion in development & 14,000 jobs
  • previous economic development positions in:
    • Indiana
    • Illinois
    • North Carolina
    • California
  • board of directors for the International Economic Development Council
  • B.S. in urban regional studies from Indiana State University

Community Impact Newspaper | McKinney Economic Development Corporation welcomes new president

 

TPPF: Return 13 Pensions to Local Control.

  • June 7, 2016

TPPF calls for pensions that have state oversight to be returned to full local control in 2017.

TPPF Key Points:

  • Being unable to make “good government” changes locally to the pensions has caused financial harm
    • a total of $8.7 billion in total pension liabilities 
    • 9 of the 13 systems have funded ratios below 80%
      • Ft. Worth Employees Retirement Fund’s 55.7 year amoritization period
      • Dallas Police & Fire Pension System – Combined has the most unfunded liabilities at $2.1 billion 
  • TPPF relies on Pension Review Board data 
  • TPPF highlights Moody’s downgrading of Houston’s credit rating as a direct result of Houston’s pensions 

TPPF target pensions: 

  • Austin Employees’ Retirement Fund
  • Austin Fire Fighters Relief and Retirement
  • Austin Police Retirement System
  • Dallas Police & Fire Pension System – Combined
  • Dallas Police & Fire Pension System – Supplemental
  • El Paso Firemen’s Pension Fund
  • El Paso Police Pension Fund
  • Ft. Worth Employees’ Retirement Fund
  • Galveston Employees’ Retirement Plan for Police
  • Houston Firefighters’ Relief and Retirement Fund
  • Houston Municipal Employees Pension Systems
  • Houston Police Officers’ Pension System
  • San Antonio Fire and Police Pension Fund

TPPF | Restoring Local Control of State-Governed Pension Plans 

Top States. Top Sin Taxes.

  • June 7, 2016

Annual sin tax revenue:

  • Pennsylvania $2.7 billion
    • $1 billion of which was tobacco taxes
  • New York $2.65 billion
  • Texas $2.51 billion
    • $1.446 billion of which was tobacco taxes
  • 8 other states exceed $1 billion:
    • Nevada ($1.05 B)
    • Indiana ($1.15 B)
    • Illinois ($1.81 B)
    • Ohio ($1.34 B)
    • Michigan ($1.35 B)
    • New Jersey ($1.14 B)
    • Florida ($1.02 B)
    • California ($1.2 B)

Included in sin tax calculations are:

  • tobacco laxes
  • alcoholic beverage taxes
  • gaming: casinos, racinos, pari-mutual racing

Value Walk | Mapping Sin Tax Revenues Across America [MAP]

TAX TREND. Tax Exemption for the Bees.

  • June 7, 2016

Beekeepers in Wyoming may soon be on par with farmers and ranchers.

The Wyoming Legislature is considering adding beekeeping to the definition of agricultural lands to allow beekpeepers the same tax breaks as farmers and ranchers.

Casper Star Tribune | Wyoming Legislature considers tax breaks for beekeepers  

Lege Trend: Dissolve Local Development Corporations. 3 Reasons Why.

  • June 4, 2016

New York is moving forward to dissolve all local development corporations, because:

  • Not enough oversight of local development corporations
  • Several Districts had leader convicted of corrpution crimes
  • The functions of the local development coporations are best handled by local governments

ABC 13 WHAM | County legislature approves move to dissolve LDCs

Texas Tax Revenues vs. 2015 Revenue Estimates

  • June 4, 2016

  •  $3.7 billion in FY16 franchise tax revenues
    • Above 2015 revenue estimates
  • March, April, May 2016 sales tax revenues are down 1%
    • Caveat: May 2015 sales tax revenues were unusually high, the 2nd highest in history
  • $383.7 million in motor vehicle sales and rental tax revenue
    • 61% increase over May 2015
  • $287.1 million in motor fuels tax revenue, down 0.9% from May 2015
  • $148.4 million in oil and natural gas production tax revenue, down 45.6% from May 2015

Comptroller Hegar | Franchise Tax Collections Ahead of Projections; State Sales Tax Revenue Totaled $2.4 Billion in May

Texas Distilled Spirits Taxes by the Numbers.

  • June 4, 2016

  • #45 Texas national rank
  • $2.40 is Texas tas rate per gallon
  • #1 state is Washington at a rate of $33.54
  • $2.00 per gallon tax in Missouri is the nation’s lowest.

Tax Foundation | How High Are Taxes on Distilled Spirits in Your State?

INTERIM. Governor Vetoes Pension Cuts. 6 Key Pieces of Informed Intel.

  • June 3, 2016

WHO: Governor Mark Dayton (D-MN)

VETOED PENSION CUTS THAT WOULD:

  • cut cost of living adjustments
  • for retirees in Minnesota’s teacher retirement system & state employee retirement system

THE TEACHER COST OF LIVING CUT: Total cost of living adjustment would have been 1%, down from 2%

STATE EMPLOYEE COST OF LIVING CUT: Total cost of living adjustment would have been 1.75%, down from 2%

OTHER PENSION REFORMS VETOED IN THE BILL:

  • cut the teachers plan’s long-term assumed rate of return to 8% from 8.75%

THE REASON FOR THE VETO: Give and take. If you ask retirees to give up something, the other side, the employer, side has to also take responsibility to lessen the pension liabilities, and the bill did not do that.

Business Insurance | Governor vetoes bill to cut pension cost of living increases

Drafting Error in Tax Bill Forces Special Session to fund NFL Team Stadium.

  • June 3, 2016

What’s the drafting error forcing a special session? The use of “and” instead of “or” in a tax bill.

What’s the impact of the use of “and” in the tax bill? “And” limits the taxpayers taht will pay the tax.

Will the drafting error reduce state revenues? Yes 

  • The drafting error affects paper pull-tabs in bingo halls by eliminating a tax on places that sell pull-tabs under a broader definition of a bingo hall.
  • The cost: $101M.
  • The reveue is necessary for the state to pay its contribution to the new Vikings Stadium

MINNPOST | Dayton signs budget bill, lays out terms for special session

INTERIM. How Special Districts can Shore up City Budgets.

  • June 2, 2016

Which city budget is re-routing special district funds? Houston

Which special district funds are heading into Houston’s general fund? TIRZ funds (Tax Increment Reinvestment Zones)

What are the PROs of re-routing TIRZ funds to the general fund?

  • The $19.2 million helps fill a city budget gap
  • TIRZ opponetns say the districts do not pay the fair share of the City’s operating costs, this funding change restructures TIRZ funding to ensure that the disricts pay their fair share of Houston’s operating costs

What are the CONs of re-routing TIRZ funds to a city’s general fund?

  • delay in TIRZ capital projects
  • whether or not the TIRZ funds should be exempt from the city’s revenue cap
    • The city is treating the funds as exempt
    •  1 TIRZ says its funds fall within the cap

Houston Press | Potential Problems With Mayor Turner’s First City Budget

INTERIM. Additional House Interim Charges. School Finance.

  • June 2, 2016

Appropriations and Public Education will examine:

  • Additional Interim Charge 1:
    • The impact to school districts when the Additional State Aid for Tax Relief ends on 9/1/17
  • Additional Interim Charge 2:
    • The use of local property taxes to fund public education
    • The effect on educational quality
    • The effect on Texas taxpayers
    • Recommend ways to reverse increasing reliance on recapture payments

What Speaker Straus said:

  • “It’s important that we keep local tax dollars in local districts as much as possible, while still ensuring that all students have access to quality public schools”
  • “The Supreme Court made clear that our school finance system can be improved,” Speaker Straus said. “The House will continue working toward better schools for our students and a more efficient funding system for taxpayers.”
  • Speaker Straus also honed in on this line from the Texas Suprme Court school fiancne opinion:
    • The Texas school finance system is “undeniably imperfect, with immense room for improvement.”

Speaker Straus | STRAUS INSTRUCTS HOUSE TO CONSIDER ADDITIONAL SCHOOL FUNDING REFORMS

 

A.G. Opinion. Contracting. Higher Ed. 3 Procurement Points to Know.

  • May 30, 2016

Can a higher education institution enter into a contract with a business entity in which an institution’s board member, or family, has an interest?  NO

What light does Chairman Jane Nelson’s opinion request shed? That Nelson’s Senate Bill 20 (2015) prohibits these contracts

Whats the hoopla about to cause an attorney general opinion to be required?

  • Whether Senate Bill 20’s changes to chapter 2261 of the Government Code conflict with section 51.923(d), Education Code, which says these contracts are A-OK.
  • This statutory conflict is between SB 20’s prohibitions on contracting power and the Education Code’s granting contracting power
  • The Attorney General finds SB 20’s language specific and express 
    • Specific & Express are important because specific statutes trump general statutes

What could you do to get the opposite result?

  • Make the Education Code more specific
  • Remove the specificity and express refeences to higher education in chapter 2261, Government Code

KP-0093

3 Pieces Informed Intel. Houston Municipal Pension Fund Director Ousted.

  • May 30, 2016

Houston’s municipal pension board ousted its fund director. The key intel:

  • Houston Municipal Pension Board will have to pay out the director’s contract
  • The Houston Municipal Pension is the weakest of Houston’s pensions funds
    • 52% funded for its liabilities
  • The replacement- The person responsible for the 2001 legislative reforms to the municipal pension that are alleged to have blown the budget

What does this mean for pension reform in Houston?

  • Mayor Turner wants “a deal by the end of the year that will reduce the city’s large and growing pension bill”
  • The Municipal pension board is joining  reform talk with the police and firefighter pensions

Houston Chronicle | Houston pension fund’s leader ousted without explanation

New Rangers Stadium. By the Numbers.

  • May 30, 2016

  • $1 Billion stadium
  • Unanimous City Council Vote
  • $500 million package deal for voters to approve on 11/8/2016, including:
    • 1/2 cent sales tax 
    • 2% hotel tax 
    • 5% rental car tax
  • 56 Stadium Supporters registered support at Arlington City Council meeting
  • $77 million, the annual economic loss to Arlington if the Rangers would leave
  • $200 million greater cost to Arlington than for AT&T stadium
  • 49 acres of parking space to be purchased by City Council and leased back to the Rangers

Dallas Morning News | Unanimous: Arlington City Council signs off on $1 billion Texas Rangers stadium deal

TRENDING Open Records Reform. Cities to Pay Attorney Fees. Pension Documents

  • May 24, 2016

Which state is reforming its open records laws? Massachusettes

What reforms is Massachusettes including?

  • state, cities, and towns will pay lawyer fees if a court finds that they inappropriately withheld public records
  • require digital responses
  • eliminates exorbitant fees on open records document production
  • Reforms timelines to ensure specific deadlines for producing documents
  • Public Pension records become public information

Boston Globe | Legislature poised to pass public records measure

85% Odds of No Impact from Oil and Gas Revenue Declines

  • May 24, 2016

What entity is estimating the impact on the Texas economy from lower oil prices? Dallas Federal Reserve senior economist Keith Phillips

What did the Dallas Federal Reserve say the chance of an economic downturn in Texas? Only about 15%

What positive economic factors did the Fed point to to be “very confident that it continues in an expansion [of the Texas economy]?”

  • Austin and Dallas are still growing
  • rebound in hiring by high-tech and other white-collar firms
  • a rebound in hiring by high-tech and other white-collar firms

Statesman |  Dallas Fed: Texas unlikely to see recession, despite energy woes

TRENDING. Tax break for Super Bowl.

  • May 23, 2016

Which state is considering Super Bowl tax breaks? Minnesota

What are the tax breaks?

  • sales tax break for tickets
  • sales tax break for parking
  • event reimbursement up to $1,600,000

Minnesota Senate Bill H.F. 848 Omnibus tax bill

TREND. Revenue Sources. Pensions Move into Litigation Financing.

  • May 22, 2016

How much funding have pension put toward funds that invest in litigation lending?

  • $1.4 billion in commitments from Michigan Municipal Employees’ Retirement System & Employees Retirement System of Texas

Do these funds disclose the rate of return? No

Wall Street Journal | Litigation Financing Attracts New Set of Investors

-1 Northern State. Fantasy Sports is Gambling its Attorney General Says.

  • May 22, 2016

 Idaho is the 16th state to  prohibit daily fantasy sports.

Idaho Attorney General pointed to Idaho’s  definition of gambling that includes sporting events.

Findlaw | Daily Fantasy Update: Idaho Says No, Tennessee Says Yes (Sort Of)

ESPN | Daily fantasy sports state-by-state tracker

INTERIM. Special Districts. Revenue Sharing. 3 Pieces Intel to Keep you Informed.

  • May 22, 2016

Tax Increment Reinvestment Zones share revenue? Yes, some of the funds collected go toward a city-wide Municipal Services fee

What does the Municipal Services fee fund? Police bicycles like in Kingwood to pay for overtime

How much revenue did Kingwood’s Municipal Service fee generate?

  • $490,000 total  Municipal Services fee revenue
  •  HPD Kingwood receives $425,000 a year to cover overtime 
  • Lake Patrol and Tac teams receive $65,000

Will the revenue in the Municipal Service Fee continue? Mayor Sylvester Turner has requested TIRZ to provide $240,000, any additional revenue contributions will require a vote by  the TIRZ board.

“The TIRZ money helps us to have more officers on the street; without the TIRZ money, it’s a regular day but these officers provide more manpower,” – HPD Kingwood Division Captain Mark Fougerousse

Kingwood Observer | New bike purchased for HPD Kingwood, extra funds provide more officers

Midwestern State Scales Back Open Records. Intel to be Informed.

  • May 22, 2016

Which midwestern state is sclaing back its open records laws? Missouri

Which records will no longer be subject to open records? 

  • some police body camera footage
    • footage related to ongoing investigations
    • footage filmed in private homes, hospitals or schools
  • some agricultural data
    • protect agricultural practices from competitors
  • some criminal records

What’s the argument to seal off these records?

  • protect citizens’ privacy
  • encourage participation in :
    • programs that track livestock disease
    • provide equipment to police with body cameras

St. Louis Dispatch | Missouri Legislature scales back public access to records

From the East. Local Pension Asks State A.G. for Opinion over City Attorney Power. 3 Pieces of Intel.

  • May 22, 2016

Which pension system wants an A.G. Opinion: Jacksonvilel Florida’s Police & Fire Pension System

What did the city’s counsel do to the pension plan? The city attorney infromed the pension system that they couldn’t take a certain action–creating a senior staff voluntary retirement plan 

What will the state attorney general be asked to clarify? Who has final say over the legality of pension system actions

Florida Times Union | Pension fund board will seek opinion from attorney general

$500 M Local Investment Dallas Baseball Stadium. 3 Key Pieces of Intel.

  • May 21, 2016

Which team is eyeing a new retractable roof stadium? The Rangers

Will it be a public-private financing arrangement? Yes. A 50/50 Cap with the local government contribution capped at $500 M.

What’s the next steps? 

  • Approval by Arlington City Council on Tuesday, May 24, 2016.
  • November 2016 approval by voters

ESPN | Rangers to build $1B stadium with retractable roof, to open in 2021

Ft. Worth Star Telegram | Rangers could play in new, air-conditioned ballpark in 2021 season

INTERIM. Pension Reform Vetoed. Pension Reform Revived. Targets High State Salaries & Long Term Service.The Key Intel:

  • May 18, 2016

The State: Pennsylvania

The Vetoed Pension Reforms: The veto was only one down fall to 2015 pension reforms in Pennsylvania. The 2nd downfall for pension reform in 2015, was the demise of a state budget package.

What’s the 2016 pension reform? Stacked Hybrid Plan

What’s a Stacked Hybrid Pension?

  • Applies to all new employees- state employees & public school teachers
    • baseline pension
    • traditional formula of years of service x 2% of final average salary
    • converts to a (401)k-style plan for any income earned over $50,000-per-year, & for all income after 25 years of service
    • For new enrollees, the the 401(k) threshold income would be adjusted up by 1%
    • 7% employee contribution
    • 4% state contribution on compensation above the 401(k) income threshold
  • No impact to current employees or teachers

What’s the saving to the state with this pension reform plan? $10 billion over 30 years

Pennsylvania HB 1499
Penn Live | Public employee pension reform gets a fresh look in Pennsylvania

Reading Eagle | State House panel moves forward on pension bill

7 Points of Tax Intel. Marijuana Tax. TREND: Raises More Revenue than Estimated.

  • May 13, 2016

  • CO & WA tax revenues from marijuana exceeded estimates
  • States are considering lowering 30% marijunana tax rates which did not stop a blackmarket
  • Tax rates are ranging from 10-25%
  • Most workable method to tax marijuana: final retail sales tax
  • Medical marijuana is more loosely taxed and more loosely regulated
  • Tax generation has a lag time with a new tax system
  • The taxation of marijuana also requires addressing health, agricultural, zoning, local enforcement, and criminal penalty issues

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

5 Take Aways the May Local Bond Elections

  • May 13, 2016

  • A  12,000 seat high school stadium draws a lot of attention 
  • The largest approved bond package was $290 Million for Galena Park ISD
  • 26 bond measures defeated
  • 82 approved
  • 76% bond passage rate throughout Texas

It’s done: McKinney residents vote for new stadium, one of the priciest in the state | Dallas Morning News 

12,000-seat high school stadium going forward in North Texas | News OK

Texas school district will get $62.8 million stadium for football and soccer | NY Daily News

That’s Right, $63 Million for a Football Stadium … for High Schoolers | NY Times

The Week in Politics: A $50 Million High School Stadium, an Assault Victim’s Victory and More | Governing

Texas Transparency | Bond Election Results

The 3 New TRS Board Members

  • May 13, 2016

John Elliott of Austin

  • A partner at Smith, Robertson, Elliott & Douglas, L.L.P
  • Bachelor of Business Administration in accounting and a Juris Doctor from The University of Texas at Austin

Greg Gibson of Schertz

  • Superintendent of Schertz-Cibolo-Universal City Independent School District
  • Bachelor of Science and Master of Arts in education from Midwestern State University and a Doctor of Education from the University of North Texas

Christopher Moss of Lufkin (a re-appointment)

  • President of Allendale, Inc. DBA The Advanced Financial Group
  • Angelina County Fair board member & committee member of Angelina County Go Texan
  • Bachelor of Science from Texas A&M University and a Master of Business Administration from Sam Houston State University

Governor Abbott | Governor Abbott Appoints Three To Teacher Retirement System Of Texas Board Of Trustees

1 Downside to Pension Reform from the West.

  • May 11, 2016

Which state has a May 17, 2016 constitutional proposition to reform the state pension systems? Arizona

What’s the PRO argument? police, fire fighters & politicians agree that the refoms will preserve the financially challenged pension system for Arizona’s first responders

What’s the CON argument? Short term costs. Due to a pending Arizona Supreme Court case about 2011 pension reforms, the proposition could cost Arizona an additional $91.4 million in fiscal 2018 according to the Arizona Joint Legislative Budget Committee

 

AZ Central | Will fixes proposed in Proposition 124 save pension plan money?

A.G. Opinion: Local Governments Sales and Use Texas. Special District Tax Cap Quagmire.

  • May 10, 2016

Which taxing entity is involved?  Montgomery County Emergency Services District #11

What Emergency Services District  actions were a catalyst for this A.G. Opinion? ESD #11 wanted to raise its sales and use tax rate by 1/2%

Did the ESD #11 tax election take into account tax caps? 

  • Yes, it excluded the towns of Splendora and Patton Village 
  • However, it did not exclude areas in which East Montgomery County Improvement District (“EMCID”), Economic Development Zone No. 4 (“EDZ #4”) already maxxed out the cap

Can this be fixed post election? No, there is no statutory mechanism to fix this taxing oops

What statutory fix would fix this problem? 

  • The Comptroller needs specific statutory authority to selectively collect sales and use tax
  • Special districts also need statutory authority to unilaterally and retroactively withdraw its right to collect sales and use tax 

KP-0084

 

Economic Development on the Border. Bi-National Economic Development Zone. The Key Intel:

  • May 8, 2016

What kind of governmental approval does the Bi-National Economic Development Zone need?

  • Federal Approval of the Zone
  • State support of the Zone

What is the purpose of the Bi-National Economic Development Zone?

  • Support design, engineering and advanced manufacturing
  • Win back manufacturing jobs lost to Mexico

7 Proposals for the Bi-National Economic Development Zone:

1)  Create a governing Coordinating Board for the Rio South Texas Bi-NED Mega Region.
2)  Develop a single economic development plan
3)  Parallel the Zone proposed for the Mexican side of the border
4)  Integrated International Metropolitan Statistical Area
5)  Alternative L-1 Visa Program. 
6)  Joint U.S.-Mexico Built Certification. 
7)  Border Free-Trade Corridor Designation. 

Rio Grande Guardian | KROLL PROVIDES STRATEGY FOR RIO SOUTH TEXAS BI-NED MEGA REGION

INTERIM. 2 Concerns. 4 Fixes. East Texas Local Fire Pension.

  • May 8, 2016

Concerns about the Longview Firemen’s Relief & Retirement Fund are:

  • $67 Million in unfunded liabilities
  • Increasing city contributions by 1% equals but is only available by cutting some part of the 40% of the budget that is not public safety funding

What reforms have been initiated for the Longview Firemen’s Relief & Retirement Fund?

  • City will increase contribution rates by 1%
  • If the city cannot meet a 1% increase, the firemen support a 1/2% increase over a lapse in increased contriobutions
  • Expanded benefit calculations from the last 3 years of service to a calculation based on the last 5 years of service
  • Members of the fund voted to pay into benefits for their widows or widowers (previously a free benefit)

Longview News Journal | Budget woes could hit Longview firefighter pension

Southern State Regulates Fantasy Sports. Adds Privilege Tax. 5 Pieces Informed Intel.

  • May 8, 2016

Which state governor signed into law new fantasy sports laws? Tennessee

What is this new tax on fantasy sports? 6%  privilege tax on all adjusted revenues of fantasy sports contests offered by a fantasy sports operator to Tennessee consumers

Where is the regulation within Tennessee state government? The Tennessee Secretary of State

What will be required of fantasy sports operators?

  • Application to the Tennessee Secretary of State
  • Receive a license
  • Maintain records of all Tennesee players for at least 5 years
  • Annual reporting
  • Fees- licensing, renewal, operational fees- all will be set by the TN Secretary of State
  • A violation triggers the TN Deceptive Trade Act (read: the state can impose big fines)
  • No minors betting
  • No betting on sports involving minors, including college if the participants are predominantly minors

Tennessee Senate Bill 2109

PR news Wire | Ryan Co. | Tennessee Enacts Fantasy Sports Bill, Privilege Tax

 

Texas Funders in East Coast City Soda Tax Resolution

  • May 8, 2016

Which Texans are involved in funding a Philadelphia resolution to pass a soda tax? Laura and John Arnold are backing Philadelphians for a Fair Future which supports the new tax

How are the soda tax opponents framing their argument? Philadelphians Against the Grocery Tax. Its not about soda but about incresing the cost at the grocery store

How are the soda tax supporters framing their argument? This will fund pre-K education for Philadelphia’s children. Revenue from this tax is marked for pre-K funding and parks

Philly.com | Want political chips with your soda tax?
 

 

Lege TREND. Funding Economic Development as Innovation Funding. 3 Lessons fro the West.

  • May 8, 2016

Which state frames its economic development funding as innovation funding? Hawaii

What part of the Hawaii economy do Hawaii’s economic development programs target? the innovation economy

What are examples of businesses in the innovation economy?

  • Startup Paradise community, a diverse private sector group of local entrepreneurs, investors and businesses

How does innovation funding help the existing businesses and economy in Hawaii?

  • Supports the creation of high wage jobs
  • Supports the rapidly evolving digital age
  • Provide resources that our local entrepreneurs need to start & grow businesses 

Governor of the State of Hawaii David Y. Ige | DBEDT NEWS RELEASE: 2016 LEGISLATURE APPROVES FUNDING IN SUPPORT OF STATE INNOVATION INITIATIVES

Lege TREND. + 1 State. Fantasy Sports Laws. 3 Pieces Key Informed Intel. Read the Bill before it hits TX.

  • May 8, 2016

Which state enacted new fantasy sports regulations? Colorado

What were the arguments for regulations:

  • reasonable regulation
  • preserve the popular games
  • fair playing
  • No minors
  • No illegal betting

Highlights of the new fantasy sports regulations in Colorado:

  • Operators of fantasy sports would have to:
    • have background checks
    • contract annual independent audits
    • maintain records of daily operations for at least 3 years
    • Register with the newly created Office of Fantasy Contests within the Colorado Department of Regulatory Agencies

Colorado’s House Bill 1404

Denver Post | Colorado legislature puts rules on pay-for-play fantasy sports leagues

INTERIM. 4 Points from TX Assoc. of Business. Pensions. Local Control.

  • May 8, 2016

A Texas Association of Business Op-Ed in the San Antonio Express News offers 4 arguments to support local control over pension plans:

  • The state is blocking local control
  • The state is blocking local reforms to control pensions
  • The state should make it easier for local governments to reform their own pension plans
  • Its the state that is impacting local bond ratings because of state control over local pensions

By example, the City of Houston & the Houston Firefighters’ Relief & Retirement Fund:

  • Could be enjoying financial benefits from their agreed to refroms
  • But,  failure to get legislative approval in 2015 is causing financial implications

Gary Gibson | Texas Association of Business Op-Ed | San Antonio Express News | Local control best for city pension plans

Trend Spotting. TPPF. Appropriations. Article 3.

  • May 6, 2016

TPPF is working its way through the state budget’s articles identifying trends. Up this week- Article 3:

  • Article 3 is up 59% while population + inflation was only up 555 since 2004-2005
  • Article 3 general revenue spending is up 65% since 2004-2005
  • Top 3 item increases in Article 3 for 2016-2017 are:
    • 34.8% increase for Higher Education Coordinating Board
    • 28.0% increase at Available Univeristy Fund
    • 25.4% increase for group insurance and retirement
  • The 2016-2017 Article 3 budget is below population growth plus inflation 
     

TPPF Spotlight | TEXAS BUDGET TRENDS IN ARTICLE III 

INTERIM. 2 Recommendations. East Texas Editorial on Property Taxes.

  • May 3, 2016

Tyler Morning Telegraph editorial offers 2 recommendations for proeprty tax reform:

  • More rollback elections
  • Eliminate the property tax and replace it with an increased sales tax

Tyler Morning Telegraph | Property tax reform should be a priority

Long Game Trend: Online Sales Tax. A legal case. Impact to Texas.

  • May 3, 2016

Who sued whom & why? Online retailers are suing South Dakota for imposing an online sales tax.

How are online sales currently taxed? To trigger a sales tax, the retailer must have a physical presence in the state

How could this South Dakota online sales lawsuit impact Texas? The U.S. Supreme Court is widely expected to take up this case and decide whether a physical precense is required to trigger a local and state sales tax.

Governing | In South Dakota, a Test Case for Online Sales Taxes

Legal Trend: Property Tax Lenders vs. Lending Laws. 3 Key Points.

  • May 1, 2016

Your informed intel:

What’s the issue property tax lenders are figthing in court? Whether property tax loans trigger federal lending laws

What court recently ruled that property tax lenders do NOT trigger federal lending laws? 5th Court of Appeals in New orleans said  tax-lien transfers (property tax lenders) are not extensions of “credit” that trigger federal lending laws

Why does this matter in Texas? 

  • 4 different Texas courts ended up with 4 different answers on the issue
  • Arguments against property tax lending paint the industry as high interest loans that “trap borrowers in a cycle of debt” which echoes arguments made about the pay day lending industry.

San Antonio Express News | Property-tax lenders win appeal 

 

INTERIM. High Commercial Property Taxes. Tax Cap by Legislature. 3 Key Points from the Plains. Read the Bill.

  • May 1, 2016

Which state Governor called for higher caps on property tax rates? Kansas

What was the imputus for the Kansas Governor to call for higher tax caps because of straining local property tax system? 

  • Kansas has the highest commercial property taxes in the nation
  • Tax abatements
  • Lower revenue sharing from the state to local governments

What does the new tax cap consist of?

  • Mandatory elections to approve a rate increase if it exceeds the rate of inflation
  • Exemptions include:
    • construction of new buildings, improvements or renovation of existing structures
    • increases in personal property valuations
    • court judgments and settlements of legal actions
    •  federal mandates
    • expiration of property tax abatements
    • expenses related to disasters.

Topeka Capital Journal | Legislature prepares for votes on city, county property tax lid

Kansas HB 2088

INTERIM. Well Run Pensions. 3 Key Factors.

  • April 30, 2016

The Informed Intel about well run pensions:

  • 90% funding levels
  • modest, well controlled benefits
  • cost study requirements before a benefit enhancement can be made

GOVERNING | Pension Envy: Lessons From Well-Managed Plans

Legal TREND: Texas Tea Party Tax Win. Removing Tea Party Officials as Incompetent Got Harder.

  • April 28, 2016

Someone tried to remove a Tea Party local governmental official because they voted not to fund their own entity? Yes. A guy who won a seat on the Somervell County Hospital District Board and voted to set the hospital tax rate to 0%.

What did the court say? The Tea Party is safe. It is not incompentency to vote to not fund the governmental agency upon which you serve.

What law was involved? Its believed to be the 1st time Anti-SLAPP statute was used against the government. The Hospital Board official has 1st amendment rights to hold his own opinions, including a 0% tax rate.

Which court made this ruling?  Waco’s Tenth Court of Appeals in Harper v. Best

Texas Lawyer | Appellate Court Rules Texas Official Can’t Be Removed for Anti-Tax Stance

 

TREND SPOTTING. Appropriations. Article 2. TPPF Trends.

  • April 28, 2016

  • Art. 2 Largest Article. For the first time, Art 2 was the largest budget item for 2014-2015.
  • Growth Exceeds Inflation + Population. Article 2 is up 76% while inflation and population grew at 55%
    • HHSC Budget was up 16.6% for 2016-2017
    • DAFPS was up 14.9% for 2016-2017
    • DSHS, DAFS, and DADS were all down for 2016-2017
      • DADS budget was down -36.3% for 2016-2017
  • 2017 Supplmental Appropriations Bill of $1.4 billion would make Art 2 the largest article in the state budget for the 2nd biennium.

 

TPPF | SPOTLIGHT: TEXAS BUDGET TRENDS IN ARTICLE II

3 Points Informed Intel. 1 State Lessons on Rainy Day Fund.

  • April 28, 2016

Utah, home to the Great Salt Lake, and held out as an example of Rainy Day Fund Policy.

Rainy Day Fund lessons from the west:

  • Stress Test. The Utah Legislature’s budget staff put the state’s finances to a fiscal stress test
    • This let budget writers know forecasted spending and revenue under conditions of severe economic stress
  • Stress Test Lesson 1. Rainy Day Fund is large enough.
  • Stress Test Lessonn 2. legislators began talking about  “proactive budget adjustment” when talking about how spending may impact stress test results
  • Stress Test Lesson 3.  Rainy Day Funds can “stabilize the often volatile politics of state budgeting”

Governing | The Great Recession’s Lessons on Rainy Day Funds

5 Trends. Rainy Day Funds.

  • April 28, 2016

  • Goldilocks Quagmire. Rainy Day Funds shouldn’t be too large or too small.
  • Microeconomics. Each state has its “own optimal rainy day fund amount;” there is no national standard for Rainy Day Funds
  • Platitudes Fail. “5 to 8 percent of annual spending” rule do not work
  • Save,save,save. Most states do not save enough. Caps on Rainy Day Funds should cover  typical recession-led drops in revenues.
  • Spending. Rainy Day Fund policies must also take into account  state spending policies.

GoverningThe Great Recession’s Lessons on Rainy Day Funds

INTERIM. Proposition to Reform Pensions in the West. 3 Points informedintel.

  • April 27, 2016

Which state has a pension reform measure on its constitutional amendment ballot? Arizona’s Prop. 124

Who supports Prop. 124? 

  • Police and firefighter organizations
  • League of Arizona Cities and Towns
  • State Legislature
  • Arizona Governor Doug Ducey
  • Mayor of Prescott

What does Prop. 124 do?

  • COLA Change. Switches the current 4% COLA to an increase capped at 2% and tied to the Consumer Price Index
  • Save Taxpayers  $1.5 billion over the next 30 years.
  • Keeps the promises made to police officers and firefighters
  • Allows for statutory changes for new hires. Arizona SB 1428
    • Choice between a defined contribution plan or a defined benefit hybrid plan.

    • Changes age eligibility requirements from 52.5 to 55 years of age

    • Reduces the maximum pay for pension calculations from $265,000 to $110,000/year

    • Requires employees to split retirement costs 50/50 with the employer.

    • Reduces or eliminates COLAs if a pension plan falls below a 90% funded ratio.

Prescott Daily Courier | Column: Pension reform needs a ‘yes’ vote on Prop 124

Prescott Daily Courier | Prop 124: Pension fix has broad support

Tax Revenue Trend: Data Centers. 3 Key Points.

  • April 27, 2016

Which state is top in new data centers? Texas

Do data centers represent a lot of jobs? No, they are low staff facilities

How are data centers lucrative tax bases? Millions of dollars of taxable property, even after tax abatements.

  • Let’s Look: Tarrant County & Ft Worth’s economic devleopment deal with Facebook:
    • $$146.7 million in tax abatements for up to 20 year
    • Estimated tax revenue:  $228.5 million in additional property taxes

New York Times | Texas Lures Data Centers, Not for Jobs but for Revenue

5 Points. Editorial. Economic Development is Corporate Welfare.

  • April 27, 2016

Which paper ran an editorial about corporate welfare? Corpus Christi Caller Times

What economic development deal triggered this editorial? An economic development deal between the State of Texas and Chevron.

What did the Chevron economic development deal look like?

  • Texas offers up $12 Million in economic incentives from the Texas Enterprise Fund
  • Chevron promises to build a 50 story, $662 million building in Houston
  • Chevron promises to create 1,752 high wage jobs

Was the office bulding built & the high wage jobs created? No, 1,500 were laid off from Chevron

Did Chevron face a clawback? No, the editorial says the building construction and high wage jobs wer enot included in the economic development contract.

Corpus Christi Caller Times | A Texas-style corporate welfare case

Sen. Burton Applauds Move to Zero Based Budget in TX Senate

  • April 22, 2016

Konni Burton & Empower Texas applaud Chair Nelson & Lt. Gov. Patrick call for zero based budgeting.

Empower Texas | Texas Senate Leads on Fiscal Responsibility

INTERIM. 4 Reasons to Keep Defined Benefit Contributions. Texas Association of Public Employee Retirement Systems.

  • April 22, 2016

  • Evidence says private retirement planning via 401Ks aren’t working
  • In 1991, West Virginia moved to 401Ks & 14 years later the retirement system was funded at 25%. The state repealed the move away from defined benefit contributions.
  • In 2005, Alaska switched new employees to 401Ks due to budget woes of $5.7 billion. Today, the budget woes are steeper at $6.7 billion.
  • San Antonio Fire & Police Pension is a prime example of a healthy pension that has kept San Antonio’s AAA bond rating in tact.

Houston Chronicle | Patterson: Retain defined benefits for Houston’s public employees

5 Trends in Budget Article I according to TPPF

  • April 22, 2016

TPPF highlights these trends in Article I budgeting:

  • Article I increases by more than population growth + inflation
  • Article I grew 17.5%  for 2016-2017 budget
  • Article I had a 690.8% increase for the Facilities Commission
  • Article I had a 92% increase for the Veterans Commission
  • Article I has increased 80% since 2004-2005 (25% higher than population growth + inflation)

TPPF | Center for Fiscal Policy|  Texas Budget Trends in Article I 

Trend Fail: Pension Divestment. Investment Gains v. Politics.

  • April 22, 2016

What divestment triggered a rethinking of the divestment? Tobacco divestment by CALPERS

When did CALPERS Divest from tobacco? 2001

Why the tobacco divestment? CALPERS has a social responsibility to not invest in cancer causing products

Why the change of heart? A study showed CALPERS left $3BILLION off the table by divesting

Governing | The Week in Public Finance: CalPERS’ Rethinks Tobacco Divestment, Fact-Checking Illinois’ Exodus and Income Recoveries

5 Points Informed Intel. LBB Presentation on ERS.

  • April 22, 2016

The LBB made these points to the Appropriations Committee about ERS 2016-2017 appropriations, House Bill 9, and cost of living adjustments? 

  • ERS state contribution rate for 2016-2017 is 9.5% per year
  • ERS state + agency contribution rate for 2016-2017 is 10%, the Constitutional maximum
  • ERS member contribution rate for 2016-2017 is 9.5%
  • In 2013, the state & member contribution rate to ERS was 6.5%

How were the changes to ERS made?

  • Appropriations within HB 1 and HB 9

What statutory changes did HB 9 require?

  • Increases ERS member contribution rate
  • Lowers ERS membr contribution rates, if the state contributes less than 9.5%
  • The increase ERS member contribution is offset, with salary increases in HB 1
  • Eliminates 90 day waiting period for ERS Retirement

What were the goals fo the changes to ERS Retirement?

  • Improve the infinite funding period to 32 years
  • Improve the actuarial sound contribution rate to 19.57%

What’s improved in ERS so far?

  • As of 8/31/2015, the funding period is 33 years
  • As of 8/31/2015, the actuarial sound contribution rate is 19.62%

LBB | ERS Retirement Program April 2016

 

4 Reasons Moodys Has TX at Top to Weather Fiscal Stress

  • April 21, 2016

  • lower revenue volatility
    • TX revenue volatility is below average at 8.5%
  • healthier reserves
    • TX reserves ” provide more than 3 times coverage of a 1st year revenue shortfall scenario”
  • greater revenue
  • spending flexibility
    • Texas Governor & LBB can adapt to the economy quickly wth spending cuts

Moody’s Investor Service | Moody’s: Fiscal test of most populous states show Texas best prepared for next recession, California least ready

How an Agency Advisory Opinion Changed Pension Calculations for Firemen.

  • April 21, 2016

Which state Insurance Department can issue advisory opinions about what salaries count toward pensions? Illinois

What did the State Insurance Department Advisory Opinion do? Contradicting a 1998 opinion, the agency voted to prohibit the use of holiday or double time pay toward pensions for all new hired

How did the Fire Pension in Springfiled react? By continuing the practice, sparking the threat of lawsuit by the City

State Journal Register | City threatening legal action over firefighter pension issue

TREND: Sales Tax Increase for School Finance. 3 Key Informed Intel.

  • April 21, 2016

Which state is considering a 1cent increase in sales tax dedicated to public education? Oklahoma

Where did the sales tax for education idea orignate? A coalition of teachers, students, and education groups led by University of Oklahoma President David Boren 

What specifically will the sales tax increase cover? 70% will be dedicated to teacher salary increase of $5000. The tax  is estimated to increase education funding by $615 million a year. 

KFDA News 10 | Boren delivers signatures for education sales tax plan

3 increased Budget Items from Speaker Straus Statement to Appropriations. The Letter. The Speaker Statement. The News Coverage.

  • April 19, 2016

  • Boost spending on children in foster care
  • Boost public education spending
  • Boost spending on pensioners, such as health coverage for retired teachers

Speaker Straus Letter to Appropriations

Speaker Straus Statement on his letter to Appropriations

Trailblazers | Dallas Morning News | Texas House Speaker Joe Straus, others warn of tough task ahead for balancing state budget

Statesman | Texas House Speaker Joe Straus: Next budget a ‘significant challenge’

Houston Chronicle | Speaker Straus: Energy woes complicate state’s finances

Legal Trend: Open Records. Attorney Fees Paid by Pension Board.

  • April 17, 2016

Which Pension Board was ordered to pay attorney fees for an opposing party? Jacksonville Police and Fire Pension Board

What was the case about? Access to open records concerning a $320 dispute. 

  • The Pension Baord claimed to see open records, a person had to hire someone to watch a person review records.

What were the attorney fees? $375,000

News4 Jacksonville | Florida Supreme Court orders pension board to pay legal fees

INTERIM Trend. How a Defined Contribution Opt In Bill Failed in the East. Read the Legislation.

  • April 17, 2016

Which state was considering an option of a defined contribution bill? Florida

How far had the bill moved? It passed the Florida House on a margin of 2 to 1

What would the bill, Florida’s HB 7107 have done? 

  • New employees could opt into the Florida Retirement System’s (FRS) defined-benefit pension program
  • Or, new employees would be placed in the state’s defined-contribution program
  • Current FL employees would continue to be “required to opt in to the defined-contribution program”

What did conservatives say to support the bill?  

  • The “fair market valuation of Florida’s pension liabilities shows an alarming situation for the state’s hardworking taxpayers”—Jonathan Williams, vice president of the Center for State Fiscal Reform at the American Legislative Exchange Council (ALEC)
  • Florida’s unfunded liabilities are “a staggering $183,400,221,000, with the pension system only 42% funded”
  • defined-contribution plans are inherently pro-worker

Heartland | Florida Lawmakers Reject Public Pension Worker Choice Bill

College Board Disapproves of TIRZ. 3 Key Points.

  • April 17, 2016

What TIRZ  is involved? A TIRZ in Weatherford, TX

Which College Board of Trustees? Weatherford College Board of Trustees

What opposition arguments do the trustees make about the TIRZ?

  • Its not the role of a college baord of trustees to engage in city planning
  • No college funds for non-college purposes, like the TIRZ.
    • “…it’s not even in the realm of expectations”
  • Creates new debt obligations that voters don’t get to vote to approve

Waetherford Democrat | College trustees divided over TIRZ

TREND. 1st in the Nation Tax Credit for Agriculture + Oil & Gas. 4 Key Informed Intel.

  • April 17, 2016

Which sate legislature is moving a new chemical production tax credit? Iowa

What is the tax credit for? Building production facilities that offer new uses for the co-products of biofuel production

Is the tax credit in existence in any other state? NO

What is the goal of the tax credit? To “attract inventors and manufacturers that will increase the value of the crops that we raise in Iowa”

Pilot Tribune (IA) | More important bills passed on Capitol Hill

INTERIM. Sharing Economy. Tax Deal on the Table. Western Legislature. 4 Key Informed Intel from the Legislation

  • April 16, 2016

Which state legislature  is negotiating a deal on home sharing taxes? California

Which tax options were rejected? a statewide system for collecting tourist taxes

What does SB 1102 require?

  • Sharing company (AirBnB, HomeAway, et. al) would collect a local hotel tax
  • Deals with local governments would not be preempted, allowing for local government opt out
  • compliance would occur with the state controller
  • retains privacy for property owners, who would not be disclosed to the state

The Recorder | Deal Taking Shape for Home-Sharing Taxes

Economic Development in 10 Numbers. GM in San Antonio.

  • April 15, 2016

The numbers from GM Financial Co. economic development deal to build in San Antonio:

  • $3.23 million in public incentives
  • $24.5 million service center to be built
  • 700 jobs created in San Antonio
  • 490 people will be employed when the center opens in about 1 year
  • $49,794 average annual wage
  •  $2.5 million grant from Texas Enterprise Fund
  • $339,594 tax abatement over 6 years, at 50% tax abatement from San Antonio City Counci
  • $406,148 tax abatement, a 90% tax abatement on real and personal property from Bexar County Commissioners

GM’s donations:

  • $25,000 to My Brother’s Keeper in San Antonio, a program dedicated to keeping minority men in school
  • $25,000 to Abbott in October

San Antonio Express News | Tax incentives draw GM Financial to San Antonio

INTERIM. Lege Trend: Funding Mechanism. Government Data Infrastructure. 4 Key Informed Intel + Procurement.

  • April 15, 2016

Which legislative body is considering data security from the angle of improving existing computer infrastructure in government? Congress

What’s the cost associated with modernizing government computers? $ 3.1 Billion.

Bonjour procurement opportunities.

What’s the argument supporting infrastructure investment? “If we do not invest in our technology and cybersecurity now, we will have no one to blame for the next data breach but ourselves,” Rep. Ted Lieu (D-Calif.)

How will the funding operate? 

  • The $3.1 billion will go into the Information Technology Modernization Fund
  • Self-sustaining investment fund
  • Allows for innovative & rapid upgrades to outdated & vulnerable IT systems
  • Creates support for future federal technology infrastructure 

The Hill | House Dem stumps for Obama’s tech modernization push

Local Tax Trend: Soda Tax for Schools. 3 Key Informed Intel How This Differs from Berkeley.

  • April 10, 2016

What city plans to join Berkeley, CA by taxing soda? Philadelphia

How is Philadelphia’s strategy different than Berkeley?

  • Berkeley made the issue only about health
  • Philadelphia isn’t addressing health, but is focusing on funding education
    • Specifically: Universal pre-K & community schools
  • Why is Philadelphia’s strategy different? Philadelphia has a 26% proverty rate, the nation’s highest
    • The argument the mayor touts is: Soda is Big Business that Targets Low Income Philadelphians

Texas Public Radio | Philly Wants To Tax Soda To Raise Money For Schools

INTERIM. Texas State Debt vs. Local Debt by the Numbers.

  • April 10, 2016

State Debt by the numbers:

  • Total Outstanding State Debt: $41.0 billion
  • Top 3 Categories of State Debt:
    • Non-General Obligation Debt for Business and Economic Development
    • Non-General Obligation Debt for Education
    • General Obligation Debt for Business and Economic Development
  • More than $30 Billion of the Bonds are Self- Supporting
  • 1.38%  ratio of debt service on outstanding or issued debt  
  • General Obligation Debt must pass each chamber by 2/3 vote and be approved by voters
  • State Debt is 15.8% of all Texas government debt (state and local)

Local Debt by the numbers:

  • Total Outstanding Local Debt: $212.4 billion
  • Top 3 Categories originating Local Debt:
    • School Districts
    • Local Governments
    • Water Districts
  • 62% of local debt is tax supported general obligation

LBB | Debt Summary 

LBB | Overview of State Debt

SAO: Procurement Audit. DIR. DSHS. TWC. Informed Intel to Advise your Clients on Procurement Changes.

  • April 8, 2016

The State Auditor issued a report on the DSHS and TWC’s Use of Department of Information Resources Information Technology Staffing Services Contracts.

The Good News:

  • DSHS and TWC documented their justifications for selecting specific contractors
  • DSHS and TWC had adequate procedures to obtain and document approvals prior to contract award increases
  • DSHS and TWC adequately monitored the contractors tested

 

The Need for Improvement: 

  • Contractors need better disclosures of conflicts of interest- actual & POTENTIAL. The onus is on TWC and DSHS to take the steps to verify.
  • Verify employment eligibility of contractors.  TWC and DSHS responsibility to ensure eligibility.
  • DSHS did not perform background checks while TWC did. The SAO suggests DSHS do the same.
  • DSHS nor TWC need documented procedures for obtaining and managing information technology staffing services

SAO | An Audit Report on Selected Agencies’ Use of Department of Information Resources Information Technology Staffing Services Contracts

INTERIM STUDY. 6 Lessons from the #1 Procurement State. Texas on the Horizon.

  • April 8, 2016

In February, Governing Magazine crowned Georgia the state with the best procurement practices.

Let’s look at what Georgia did to improve its procurement practices. See what the procurement horizon looks like for Texas:

  • Georgia increased training procurement officials, which allowed greater delegation of authority
  • The more highly trained the procurement officer in an agency, the bigger the contracts that they can handle.
    • Well trained procurement officers oversee contracts up to $5 million 
  • Statewide $25,000 no bid limit to increase flexiblity & speed of procurement
  • 7 Stage Procurement Oversight Process created prior to 2011
  • Hired more data and market analysts so procurement officers only handlded procurement 
  • The “mathletes”, the data analysts, provided insight to regional trends so that procurement needs meets the state’s regional needs

Governing | Lessons From Georgia, the No. 1 Procurement State

 

 

5 Pension Reform Proposals. Land of Lincoln.

  • April 8, 2016

Is illinois, like other sttes, look for a solution for pension reform? Yes

What group offered 5 Pension Reform Proposals?  Illinois Policy Institute (limited government and free market principles) 

What are the 5 pension reform solutions?

  • No pensions for politicians
  • 401Ks for new hires
  • Optional 401Ks for existing pension participants
  • Local pension costs should stay local. No state support for local pension systems.
  • Allow cities to go bankrupt so as to restructure debt.

WSIL ABC 3 | 5 solutions to state’s pension crisis offered by Illinois Policy Institute

 

TX Billionaire. AZ Pension Battle. Get a Copy of the Pension Bills Getting Texas $$.

  • April 8, 2016

Which Texas billionaire’s foundation is putting $250,000 into reforming an Arizona pension? John Arnold’s Foundation

What is the AZ pension reform? Proposition 124

What position did the AZ fraternal order of police take?  Support reforms that lead to stability in the pension system. The impact of these reforms for existing pension contributors is to change benefit increases to cost of living adjustments based on inflation.

What was the bill package in Arizona? 

  • SB1428, changes benefits for retired officers, active officers & future officers, hired on or after July 1, 2017. Must be approved by voters.
  • SB1429, adds pension reform to the May 17, 2016, special election.
  • HCR1019,  makes a one-time change to Article 29 of the Arizona Constitution.

AZ Proposition 124 for 2016

AZ Fraternal order of Police | Proposition 124 will ask voters to approve Pension Reform

AZ Chamber of Commerce | Pension Reform is Up to Us

Arizona Republic | Texas billionaire-backed group will donate to Arizona pension initiative

 

Pension Divestment DuJour.

  • April 8, 2016

The latest pension divestment: fossil fuels.

Which pension plan is considering divestment from fossil fuel interests? Oakland, California Police and Fire Pension System.

The testimony from investment consultants? Such a divestment could reduce returns.

East Bay Express | Oakland Police and Fire Pension Considers Fossil Fuel Divestment 

Study: Pension and Benefits Cuts Cost Money. 3 Points Informed Intel.

  • April 1, 2016

  • Billions can be reclaimed by not cutting retiree health care 
  • How are the billions saved? By restructuring retiree health care and not prefunding retiree helath benefits. 
    • Translation: Stop treating retiree health benefits exactly like pensions are treated
  • Revamping retiree health benefits save governments money, not pension fixes

The Manhattan Institute | The OPEB Off-Ramp: How to Phase Out State and Local Governments’ Retiree Health Care Costs

Governing | A Missing Opportunity to Fix Government Finances

3 Impacts of Legislators Sabotage Economic Development from the Sunshine State.

  • April 1, 2016

What did Florida legislators do to the Governor’s Economic Devleopment Plan? Florida legislators rejected Govrnor Scott’s $250 million economic development plan

What did the legislators rely on to reject the economic development plan? Politics. Re-election fears of supporting “corporate welfare”

What is the anticpated economic hit from the legislator rejection of economic development funds? 50,000 jobs and 277 new businesses looking to move or expand in Florida

Tampa Tribune | Editorial: Legislators sabotage economic development 

State Revenue Win. Texas Supreme Court Saves $500 Million Small Tobacco Tax. UPDATE.

  • April 1, 2016

State Coffers scored a victory, for the mean time. The case got kicked by to the Court of Appeals to deal with the other challenges raised to the tax.

Bonjour 2017 as small tobacco looks for a legislative fix.

Midland Reporter Telegram | Texas Supreme Court upholds $500M state tax on tobacco
Texas Tribune | Texas Supreme Court Upholds Tax on “Small Tobacco”

 

Previously on Informed Intel:

Tobacco Tax. Unconstitutional for Small Tobacco. TX Supreme Court December 8th 2015.

This week the state told the Texas Supreme Court that the lower courts got it wrong. That the 2013 tax levied on small tobacco is not unconstitutional.

Bonjour 2017 legislation to fix this mess.

Law 360 | Texas Asks State Justices To Revive ‘Small Tobacco’ Tax

Pension Drama. Censuring Pension Board Members. Who. What. Where. Why.

  • April 1, 2016

Which pension board is considering censuring a pension board member? Dallas Police/Fire Pension Fund 

Who is allegedly the target of the censure? Dallas Police/Fire Pension Fund board member Philip Kingston

Why is a censure being considered? Kingston allegedly spoken openly about pension fund liabilities. He’s said to be a lover of transperancy. His words were taken by other pension board members to cause potential harm to the fund and the potential sale of pension property.

What other weird comings and goings are happening in this caper?

  • Counsel for the pension resigned after ti came to light he paid a private investigator to look into a councilmember

Dallas Observer | Police and Fire Pension Fund Should Be Ashamed of Going After Kingston

 

2 Problems with Franchise Tax for Small Businesses

  • March 31, 2016

NFIB told Senate Finance that the franchise tax remains a thorn for small businesses because:

  • the tax does not generate the projected revenue 
  • small businesses think the tax is a failure and a repeal would lead to businesses investing tax dollars in their businesses and employees

82% of NFIB members call for a full repeal of the franchise tax.

NFIB | FRANCHISE TAX STILL A THORN IN SMALL BUSINESS SIDE IN TEXAS

Fantasy Sports By the Numbers. States that Deny. Permit. Pending Legislation.

  • March 31, 2016

States that deny fantasy sports operations: 5. AZ, IA, LA, MT, WA

States where fantasy sports is contested: 9. TX, GA, IL, HI, MS, NV, NY, SD, VT

States with legislation pending in 2016: 17. AL, CA, CT, FL, KY, MI, MN, MO, NE, NJ, NM, OK, PA, SC, TN, WV, WI

States with no current legislation: 13. AK, AR, CO, DE, ID, ME, NH, NC, ND, OH, OR, UT, WY

ESPN | Daily fantasy sports state-by-state tracker

3 Reasons to Adjust the Texas Gas Tax from the 50th Annual Texas Legislative Conference

  • March 26, 2016

Why adjust the gas tax?

  • Gas tax has not been changed in 25 years
  • Cars are more fuel efficient, so less gas is purchased and less revenue is collected
  • Roads are more expensive to build than 25 years ago

Time Warner Cable News | State Leaders May Increase Fuel Tax to Improve Roads

5 Key Pieces of Informed Intel from Revenue Cap Editorial.

  • March 26, 2016

San Antonio Express News Editorial, Revenue caps heavy-handed, bad for Texas,  gives us 5 reasons to oppose revenue caps.

Revenue Caps should be opposed because: 

  • property taxes are driven by school districts, not counties and municipalities
    • In San Antonio, the average property tax bill is only 22% City of San Antonio 
  • Lower property taxes can be achieved with improved state education funding
  • City and County property tax levies have increased because of new residents, not by taxing the same static set of residents at a higher rates
  • Revenue Caps limit city budget flexibility to plan for economic downturn
  • Limiting the freedom of city’s to plan for economic downturns does not increase freedom for all

 

Finalized Fantasy Sports Regulations from the East.

  • March 26, 2016

Which state Attorney General finalized fantasy sports rules? Massachusettes

What 3 elements do the rules target?

  • who can play
  • how the games are designed
  • where companies can advertise

How does the Attorney General address who can play?

  • Players must be 21
  • Labels for “highly experienced” players if
    • 1,000 contests or
    • win three prizes of $1,000 or more will have to be clearly labeled as “highly experienced.” 
  • Beginners will get their own games;
  • Company insiders won’t be allowed to play against the general public
  • Single screen names per person. 

Are software programs permitted to give players an edge? NO

Can games be designed on college sports? NO

Will there be gambling limitations?

  • yes, a $1,000 cap unless the company determines the player meets certain criteria
  • Can self limit amounts played

Boston Globe | Mass. finalizes new rules for fantasy sports games

Seattle Times | Massachusetts finalizes comprehensive fantasy sports rules

 

Local Government Closes Pension Loophole on Transfer of Pension to 401K

  • March 25, 2016

What loophole closed? the city allowed employees who transferred from the pension plan to a 401(k) style plan to get credit for the present-day value of future pension benefits, regardless of whether the employee had worked the five-year minimum needed to actually be eligible for securing a pension.

What city had this loophole? Jacksonville, FL

The new 401K transfer policy:  employees with less than five years of service move from the pension plan to a 401(k) style plan, the city will only transfer the amount of money the employees contributed from their paychecks.

Jacksonville Florida Times Union | Pension board enacts new policy to close costly loophole

Trend: State Revenue Source. Private Univeristy Endowments.

  • March 25, 2016

To fill a state budget deficit, Connecticut is proposing a tax on profits to Yale’s endowment. 

Will this new CT legislative proposal apply to all university endowments? No, just those over $10 billion

What do policy makers point to for justification?

  • the tax doesn’t apply if Yale, the 5th largest employer in the state, reinvests endowment profits into the local economy or higher education 
  • the tax would expand education access and create jobs

WallStreet Journal | One New Fix for Connecticut’s Budget Crunch: Yale University

INTERIM. 3 Points Informed Intel from Houston Chronicle Editorial on Local Debt

  • March 25, 2016

What’s the cause of Houston’s financial obligations?

  • pension liabilities
  • years of structural deficits
  • spike in debt payments

What triggered the reaction? Moody’s downgradfing Houston’s credit rating on $3 billion in general debt, which will make borrowing more expensive and cost Houston taxpayers more

What solutions are identified?

  • stable and growing economy
  • removing the revenue cap
  • fixing Houston’s pensions (with a special eye on the Houston Fire Department)

Houston Chronicle Editorial | Debt crisis

 

Lege + Regulatory Trend: Fantasy Sports Bid Adieu to the Excelsior State

  • March 25, 2016

Draftking and FanDuel are leaving which state? By agreement with the New York Attorney General.

What’s happened in New York? The Attorney General issued an opinion that fantasy sports are illegal gambling. The two sides have been negotiating since.

Are they really leaving New York? They’re operating a free site until the New York Courts make a determination.

Is there any way the shut down will change? Yes, the Legislature is considering legislation to legalize fantasy sports.

Findlaw | DraftKings and FanDuel Pull up Stakes, Leave NY

Wall Street Journal | FanDuel, DraftKings Agree to Shut Down in New York

 

Parking Meters to Fund Stadiums. The Informed Intel:

  • March 24, 2016

Which local government is considering more parking meter revenue to fund a stadium? Sacramento

What changes to parking meters are proposed? Meters operate until 10pm, instead of 6pm

Why the extension in time? to cover the fans who attend events at the new stadium

Was this included in the King’s arena deal with the City? Some say by default, as the city agreed to ccommitting to the collection of millions of dollars in new parking revenue

Sacramento Bee | City Council proposes parking meter extension to pay arena debt

TREND: How much Revenue was collected by the Home of the Ducks in the 1st month of legalized, recreational marijuana?

  • March 24, 2016

How much revenue did the sales tax on recreational marijuana generate in Orgeon in its first month? $3.48 Million. 

Does the marijuana tax in Oregon include medical marijuana? No, medical marijuna is excluded.

Did the sales meet economic estimates to the legislature? The 1st month sales exceeded what economists told the Legislature would be annual sales. The Legislature estimated $2-3 million in annual sales tax revenue. 

what’s the sales tax rate? 25%

is it a statewide decriminalization and taxation? No. 19 counties and 80 cities that have opted out of recreational marijuana sales. Those counties that opt out fo not share the tax revenue

Oregon Live | Oregon collects $3.48 million in revenue from first month of taxed recreational marijuana sales

 

Legal Trend + Lege Trend: Why did the state Supreme Court reject these local pension reforms?

  • March 24, 2016

The Illinois Supreme Court rejected Chicago’s pension reforms that would have required increase contributions by the city and reduced benefits to retirees because the reform plan:

         the reforms violated the Illinois Constitution‘s protections against reducing promised pension benefits.

ABC 7 | ILLINOIS SUPREME COURT STRIKES DOWN CHICAGO PENSIONS PLAN

Eco Devo: 3 Reasons it Should Focus on What to Attract & 3 Reasons it Should Focus on Who to Attract

  • March 24, 2016

The rules of attraction are complex  & mysterious.  Its equally true for attracting economic economic development. 

Governing gives us 3 reasons why economic development should focus on what to attract & 3 reasons why economic devleopment should focus on who to attract. Let’s look:

3 reasons why economic development shoud focus on what to attract:

  • Resurrects struggling locations or sectors
  • Favorite option of local government officials, as it builds things like stadiums
  • Incentive for voters to approve spending now, with debt passed to future residents

3 reasons why economic devleopment should focus on who to attract:

  • Builds public education programs
  • Incentivizes high wages to ecourage an influx of people
  • Builds mobility infrastructure

Governing | Should Economic Development Focus on People or Places?

TPPF Calls for Local Pension Control. 4 Key Points.

  • March 18, 2016

What does TPPF say supports local pension control?

  • The Pension Review Board report offers data that shows the high pension liabilities for pensions over which the state can exercize control
    • Since 2015, pension debt has grown by $1.2Billion
  • the people directly affected by the pensions are the ones who should have a say
  • “Restoring local control is the surest way to bring some short-term sensibility back to Texas’ big city pension plans”
  • Its a common sense solution

Quintero: Lack of local control to blame for pension woes? via Statesman

INTERIM. Lege Trend: Pension Contracting Reform. 3 Informed Intel Keys. Read the Bill. Know the Reformer Playbook.

  • March 18, 2016

What state is changing contracts in pension systems? Kentucky

What reforms were implemented?

  •  Require pension systems to use open, competitive bidding procedures when hiring investment managers
  • Require Senate Confirmation of the Governor Appointees to Pension Boards & the Executive Director
  • Elected Official Pension systems would be required to post online audits, investment returns and board meeting reports
  • Require an accurate disclosure of the millions of dollars in fees they pay those managers
     
 
 

Moody Downgrades Houston Debt Rating. TPPF Makes Points. Debt. Pensions. Reform.

  • March 18, 2016

  •  latest in a series of troubling fiscal incidents
  • need reform [on local debt]
  • booming economy hid city’s spending and pension problems

TPPF | TPPF Statement on Moody’s Downgrade of Houston