Private memo outlines governor’s tax overhaul plans

In a handout given to legislators during briefings, Gov. Bobby Jindal calls for raising the state sales tax nearly 2 cents per dollar, increasing the state cigarette tax by more than $1 per pack and eliminating severance tax exemptions.

Legislators were allowed to peruse a two-page outline titled “A Framework for Comprehensive Tax Reform,” while the governor explained his plan for eliminating the state personal income and corporate taxes.

Jindal administration officials collected the outline at the end of the meeting, but one legislator first took a photograph of it. Seven legislators described the memo and the meetings the same way.

The governor is meeting with legislators ahead of the legislative session that begins in April. He has released few details to the general public on how he plans to make his tax elimination plan revenue neutral.

State Rep. Joel Robideaux, who as chairman of the House Ways and Means committee likely will sponsor the legislation once it’s filed, said the memo contained just ideas to start the discussions and not a concrete plan. “There is nothing etched in stone at this point,” Robideaux, R-Lafayette, said.

Tim Barfield, Jindal’s point man on the tax overhaul, agreed. “This is going to be a very collaborative process and the models will be in flux and discussed before and throughout the session with legislators and stakeholders. Right now, nothing is final other than our goal of eliminating the personal and corporate income tax in a revenue neutral manner,” he said in a prepared statement.

State Rep. Eddie Lambert, R-Prairieville, a member of the Ways and Means Committee, said that at the meeting he attended at the Governor’s Mansion, Jindal and Barfield outlined the plan, which was on the handout, that included increases in sales taxes, cigarette taxes and removal of many tax exemptions.

“It was a very broad discussion to outline what their thinking is and to get feedback,” Lambert said. “My focus was how we are going to replace $3.2 billion in income taxes.”

State Rep. Sam Jones, D-Franklin, said he and about a dozen other legislators gathered in the Mansion’s dining room. Cookies were served.

Jindal and Barfield said they wanted to handle the taxes in one bill and deal with tax administration in another, Jones recalled. “They said they were going to file the bills a little bit after the session began. And they said they wouldn’t ram it through like the education bills” from last session, Jones said.

Once the meeting was over, Jindal asked the legislators to return the handout, Jones said.

State Sen. Rick Gallot, D-Ruston, said that after his meeting at the Mansion, a member of the governor’s staff then came around to collect the memo from each participant before they left the room.

The front-page of the memo describes two bills.

One measure would increase sales taxes and eliminate exemptions as a way to pay for revenues lost from repealing personal income taxes and corporate income and franchise taxes.

The second bill described would create a Louisiana State and Local Sales Tax Commission that would “act as a single collector, auditor and interpreter of the law...”

Bill 1, according to the handout, would retain state sales tax exemptions on groceries, utilities, prescription drugs and fuel. State and local governments still would be able to make tax-free purchases. The governor apparently also wants to keep several business exemptions, including those involving natural gas, vessels and telephone companies. It would allow for a “Modified Earn Income Tax Credit” to offset the impact of increased sales taxes on low-income families.

The changes would be paid for, according to the memo, by increasing state sales taxes from 4 cents per dollar to 5.78 cents per dollar.

Robideaux said the state sales tax increase is manageable if the amount of items on which sales taxes are charged is expanded. He said the line would have to be held on the exemptions and few could be allowed back.

Some of those exemptions involve severance taxes, which are the taxes paid on oil and gas extracted from Louisiana.

“My blood pressure just went up,” said Don Briggs, president of the Louisiana Oil and Gas Association, adding that the industry his trade association lobbies for in Baton Rouge has 23 such exemptions.

Briggs said eliminating the corporate income and franchise taxes is only helpful depending on the legal organization of a company. But having to pay severance taxes currently exempted would negatively impact drilling and prospecting activities across the state.

Briggs said he was always concerned how the state budget would stay revenue neutral once $3.2 billion from income taxes was removed. “He’s going to be doing it on the back of certain industries and evidently he’s going to be doing it on the back of us,” Briggs said, adding that collecting the memos after meeting with legislators gave the plan more seriousness than just a chat about options.

The memo also outlined plans to increase the cigarette excise tax rate from 36-cents per pack to the $1.41 per pack that Texas charges.

Jones recalled Jindal telling his group that he was willing to reverse himself on the issue — the governor had opposed increases and renewals of taxes on tobacco products — to show how important he thought the tax overhaul issue was. “The governor said, ‘Look, I’m giving this up,’ ” Jones recalled.

Robideaux said they have calculated that an increase that large might lead to a 40 percent reduction in smoking.

Andrew Muhl, a lobbyist for the American Cancer Society, said his organization’s statistics show that for every 10 percent increase in the price of a pack of cigarettes, youth smoking rates drop by 6.5 percent and overall cigarette consumption declines by 4 percent.

“We’re encouraged to hear of the governor’s plan to raise the cigarette tax to the current rate in Texas,” Muhl said. “It’s one of the most effective ways to reduce smoking and other tobacco use, especially among kids.”


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Comments (30)


1) Comment by danielf - 09/02/2013

So, lawyers will be exempt from the tax? Classic.

2) Comment by markedwardmarchiafava - 09/02/2013

You people deserve every bit of this as you allow it to continue, generation after generation. Kevin Reilly was right.

3) Comment by monsignor - 09/02/2013

lol!...The Jindal admin picked up the handouts. Our Louisiana Legislature is whipped...I mean, really whipped. They are like the man tied to the whipping stone. Does anyone know what Jindal's scheme is all about? Seems, he's already pis' ed off the Louisiana Oil and Gas Association. I pity the next LA governor.

4) Comment by Being_Stupid - 09/02/2013

Raising sales tax any further is out of the question. Too high already and will really hurt small business and retail owners. Need to cut all these freeloader welfare programs instead.

5) Comment by swinham - 09/02/2013

How can anybody read this article and believe there is an actual plan to raise tobacco taxes, or even any specific sales taxes? The plan is to eliminate income and franchise taxes - end of plan. Some body besides the governor is going to have to figure out how, what, or whether to raise any taxes of any kind - and that body is the State of Louisiana Legislature.

6) Comment by CAJUNSC - 09/02/2013

Robideaux said they have calculated that an increase that large might lead to a 40 percent reduction in smoking. If they increase the tobacco prices by 25% and there is a 40% reduction in smoking, then the state will be losing money from the start. Sounds like good judgement call to me. :-)

7) Comment by CAJUNSC - 09/02/2013

We have to realize this will be a benefit to the state and not to the people. Why would he propose to do this if it didn't benefit the state? This will hurt most of the middle and lower income people of this state.

8) Comment by bettergovt - 09/02/2013

No matter who is in charge, the middle class gets screwed. Who is in charge just determines who gets screwed with the middle class.

9) Comment by for real - 09/02/2013

Jindal/ALEC Trickle Up economics does not work. Putting more money in the pockets of top earners while taking a larger % of take home pay of middle class and fixed income pensioners is not the way to grow the economy. http://bobmannblog.com/2013/01/08/jindal-and-the-alec-snake-oil/

10) Comment by RODEO CLOWN - 09/02/2013

A 2 cents sales tax increase(state level) is factious and would not generate the revenue necessary to replace abolishment of the state's income tax structure. For Jindal to “float” such an increase is either 1. a measure of how much he doesn't understand the fiscal situation of Louisiana-which he has created and fostered-or 2.a “political” balloon on the administrations part to test the public's "demand elasticity” with respect to any proposed increase. Based on 2011 Department of Revenue revenue figures, a minimum increase of 4 cents in the state sales tax rate would be required to replace revenue collections from abolishment of the income tax system and be considered “revenue neutral”. However, Louisiana can not survive nor prosper in Jindal's “revenue neutral” world. In terms of revenue, Louisiana needs collections more in line with 2008 levels, ironically Jindal's first year in office, to maintain and prosper. To produce such revenue the state sales tax would require a minimum increase of 5.88 cents(10.88 cents state sales tax). Moral of the story: a “suggested” 1.78 cent increase is a direct attempt on Jindal's part to mislead and misinform the public.

11) Comment by Marvin6 - 09/02/2013

It is still help those who don't need help and stick it to those who pay little or no state income tax!!!

12) Comment by Stephen - 09/02/2013

I am happy about the increase taxes on cigarettes. Give credit where credit is due.

13) Comment by Stephen - 09/02/2013

Cookies were served. The outline is collected after the meeting. Are you getting the picture? When Jindal talks about not being in the party of the "stupid," he is thinking about how he treats the Legislators and the people of Louisiana. He sees it does not work here. We are last or next to last in every measure that matters. He is suggesting that nationally the same mistake should not be made. Makes sense to me.

14) Comment by Stephen - 09/02/2013

I am having a hard time believing that they admit from the beginning they have no concrete plan. These people are scary. They collected the outline after the meeting? Are we in grammar school? The Jindalistas are too much. Please let's move on to a real governor.

15) Comment by markedwardmarchiafava - 09/02/2013

Cut spending, and yes, you ARE welcome

16) Comment by CAJUNSC - 09/02/2013

What Bobby doesn't realize is that if he increases the cigarette tax then smokers will just start buying out of state or on the internet and then the state will get no tax revenue at all.

17) Comment by tradewinns - 09/02/2013

i disagree. first the poor will be given more money to compensate for the additional taxes and the rich can only buy so much. the rich are not rich because they waste their money. so who does that leave picking up the vast majority of the increased sales taxes and the additional money given to the poor? the so called "MIDDLE CLASS". i say so called because they (ive already fallen out of the proper income bracket to claim that distinction) are losing a little ground every day. taxes (all of them) should "hurt" everyone equally. in one of the scandinavian countries speeding fines are based on income. a few (?) years back a multi millionaire received a fine exceeding $300K. i'm sure even he missed that. he's laughted at a $100 fine.

18) Comment by slye753 - 09/02/2013

i think Jindals plan is a good start for good government. his cigarette tax plan is great. and the sales tax increase puts everyone in the game. but to make this plan work, waste and fraud would have to be eliminated. and that would mean stepping on the politicians toes. and that is when politicial donations become so important.

19) Comment by 8point6 - 09/02/2013

@phil: Exactly!

20) Comment by phil - 08/02/2013

Existing sales tax in BR is now 9 percent including local sales taxes. Are you ready for 10.78 percent sales tax plus paying federal income taxes and local property taxes and fees and fines, and of course being forced to buy health insurance etc in the future? Don't forget that the RDA is talking about getting a permanent source of revenue.I wonder who will pay that? Maybe you and me? I think we are taxed (plus fees and fines) too much already and perhaps if the state income tax is eliminated maybe the state should just cut waste and possible corruption and leave the state sales tax where it is.

21) Comment by beabea - 08/02/2013

Even when a proposal of this magnitude is boiled down into a 2-page outline, it's evidently _still_ too much detail for the Jindal adminstration to want to make it public. And the people making this proposal are so inept, they apparently never heard of camera phones. There are so many levels of disturbing to this story, it's hard to even know where to begin.

22) Comment by bettergovt - 08/02/2013

One last question. Shouldn't this be illegal? Shouldn't that outline be subject to a public records request? This is a document handed out to legislators. Isn't it now public record? This is not the deliberative process exclusion that is for the administration to communicate with themselves. This has to be a public record because it is communication between to different branches of government.

23) Comment by bettergovt - 08/02/2013

With the constant over estimation of revenue which allows him to deplete the rainy day fund every year, the annual sweeping of money dedicated for other purposes, and the sale of long term assets to fund short term expenditures, this state is headed over a fiscal cliff of epic proportions. The biggest problem is the state cant print new money like the federal government can. When will this happen? I predict 2016 or maybe 2017... Whoever wins the governor's office next will only be a 1 term governor.

24) Comment by RODEO CLOWN - 08/02/2013

This supposed “private memo” was a ploy on Jindal's part to test the political waters with respect to his current tax effort. If it isn't such, then “Bobby-tye” is totally-and I mean totally-out of touch with the pathetic fiscal condition of Louisiana. If Jindal, “Bobby-tye”, or any other politician believes that an increase of 1.78% to Louisiana's current 4% sales tax rate will provide enough compensation to replace approximately 2.7 billion dollars collected in state corporate franchise tax, corporate income tax and individual income tax of 2011 they are wrong and living in a “Willy Wonka Land”. Furthermore, total state revenue of 7.10 billion dollars for 2011 was 2.10 billion dollars lower in 2011 than 2008(“Bobby-tye's” first year in office). Therefore, replacing income tax revenue in a “revenue neutral” manner, which is getting to be something of catch phrase for Jindal, will not serve any purpose other than fostering the utter pathetic financial malaise Jindal has brought to the state. In football terms, this memo was leaked on purpose by the Jindal administration in an “end around” move-don't U just love football, go Tigers-aimed at pacifying the populous and the body politic. Plain, simple, that is “Bobby-tye's” way of doing business. In the end, as he has done in so many instances, he will wave his major wand make his decree and we will all be left to suffer the consequences. After all, you can take the Indian out of India but you can't take the India out of Jindal. To Jindal, we are all of a lower caste, not deserving any better than what he is willing to provide.

25) Comment by swinham - 08/02/2013

These things still do not add up to a self-reconciling equation. Therefore, it I think it is disingenuous of anybody to think there is an actual plan beyond elimination of income and franchise taxes. The governor will continue to get credit for a bold "plan" to make things better by eliminating income taxes and the legislature will be left holding the bag to come up with the difference in new taxes and cuts. He'll be the hero. They'll be the goats.

26) Comment by BRmoderate - 08/02/2013

The fact is that these are elected officials having discussions about public policy. All conversations and documentation should be public.

27) Comment by BRmoderate - 08/02/2013

I bet if Obama distributed then collected a memo from congress you would have a different opinion about the person taking a photo. It is amazing how people shave the edges off their value system so that their side is never wrong.

28) Comment by Tea_Slayer - 08/02/2013

jeff, why should it be confidential? You absolutely show your colors with this last comment.

29) Comment by bettergovt - 08/02/2013

Since can our government keep secrets such as taxes?

30) Comment by jeffsadow - 08/02/2013

What a sneak, taking the photo. Can't trust anybody these days. Guess if you want to keep something confidential you'll have to confiscate their phones.