Jindal poisons the tax break Wednesday, Apr 30 2008 

On Tuesday, the State Senate had an opportunity to give us a significant State Personal Income Tax break with SB 87 by Sen. Buddy Shaw, R-Shreveport.

Instead they followed the dictates of Governor Bobby Jindal and loaded-up SB 87 with a “poison pill” amendment (to repeal the entire State Personal Income Tax) which is the same as killing our tax break.

It’s an old trick by our elected representatives, but it is an effective one. They will give you all types of excuses, but the bottom-line is unless Governor Jindal backs off of his opposition to the tax break, it’s dead.

The “poison pill” amendment passed by one vote 19 to 18. Thus, every vote in favor of the amendment was the fatal vote.

The names of those who voted for the “poison pill” amendment are as follows:

Senators Alario, Broome, Cassidy, Chaisson, Dorsey, Nick Gautreaux, Gray, Hebert, Heitmeier, Jackson, LaFleur, Marionneaux, McPherson, Murray, Nevers, Scalise, Shepherd, Smith, Thompson

The legislation was finally approved by the Senate and sent to the House where it will die a slow death.

C.B.

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Is funding NGOs constitutional? Tuesday, Apr 29 2008 

Saturday morning, State Treasurer John Kennedy called in while I was on WWL radio with host Don Dubuc discussing Non-Governmental Organizations (”NGO”). NGO is the new name for lege “slush funds.”

Kennedy asked a very interesting question and like all good lawyers, one to which he already knew the answer. He asked about the constitutionality of appropriating state money to private groups.

I failed to adequately respond to Kennedy’s question and will attempt to do so now.

The short answer is state funding NGOs is unconstitutional, but….

Constitutional prohibition

LA Constitution Article VII, Section 14 (A) states:

“Except as otherwise provided by the this constitution, the funds…of the state…shall not be …donated to or for any person, association, or corporation, public or private.”

Exception

The exception is found in Section 14(C) of the above cited constitutional provision. It requires that the otherwise illegal expenditures meet certain requirements to be legal.

The money given to a private entity must be: a) for a “a public purpose” and b) in accordance with a cooperative endeavor between the state and a private association, corporation, or individual.”

“Cooperative endeavors” require written agreements setting forth the particulars of the effort. There are specific statutory requirements for cooperative endeavor agreements such as those purporting to be for economic development.

I have been unable to find any of these agreements, proposed or signed in the documentation listed on the lege website.

Jindal’s options

If Governor Jindal is opposed to giving mine and your money to these private organizations he has some options:

First, as the state’s chief executive officer, Jindal could simply refused to sign any or all of the cooperative endeavor agreements between the state and the NGOs.

Second, Jindal could use his line-item veto power to delete any and all of these expenditures from HB 1.

Third, Jindal could simply issue public statement saying that he will veto all such expenditures. That would end them right now. The money saved could be used to give us tax relief.

Contacts

To let Governor Jindal know your feelings on state funding for NGOs go here.

To let your state representative know your feelings on the matter go here. To let your state senator know go here .

C.B.

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Suggested action on NGOs Monday, Apr 28 2008 

Many of you have asked me what to do about the proposed state spending (now over $30 Million) on non-governmental organizations (NGOs). Please consider what I attempted to do with my own state representative who requested funding for a NGO.

(To find the NGOs and the leges who requested them see steps below my email.)

Below is a list of questions that I submitted to Rep. Steve Pugh, R-Ponchatoula.

Message refused

Perhaps you will have better luck than me. My email to Rep. Pugh was returned to me marked “REFUSED.

C.B.

Rep. Pugh,

I note that you are requesting (HB 1, 2008 R.S.) $2,091,753 in state funds for a non-governmental entity called “Francis Special Services, Inc.”

I’m relatively new to Tangipahoa Parish and a constituent of yours and not familiar with Francis Special Service, Inc. I have some questions which I would like you to address:

1. I do not find Francis Special Services, Inc. registered with the LA Secretary of State’s Office. Why?

2. According to your request, the organization is a non-profit corporation. However, you do not list the names of the incorporators as required by House Rule 11.6. Who are they?

3. What is the total budget of Francis Special Services, Inc.?

4. Specifically, what are the other sources of funding for the organization?

5. What is the current payroll amount and who is employed by the Francis Special Services, Inc.?

6. You are asking for over $200,000 in “professional services.” Specifically, to whom and for what will that money be used?

7. You are requesting over $2 Million for “Major repairs.” What are the addresses of the houses on which that money be spent?

8. Please provide me with any information that will help me understand why my tax dollars are being given to a private organization?

Your proposed amendment to HB 1 could be voted on by the House Appropriations Committee as early as Monday. Therefore, time is of the essence in getting the above information.

An acknowledge of your recipient of this email is requested.

C.B. Forgotston

Steps to find NGOs and their sponsors:

1. Go the lege website ( http://www.legis.state.la.us/). On the left hand side is a blue column. Click on “How Do I…”

2. Under “Other Questions” click on #2.

3. Then go to the 3rd line at the end where it says “click here.”

4. Click on it.

5. A search can be made by lege name or particular organization.

or

5. Or you can see the entire list by clicking on the “view all” box.

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