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  • LB 952: Jim Suttle Just Keeps Digging By Defending Sewer Fee Sales Tax

    by: Kyle Michaelis

    Wed Feb 24, 2010 at 01:36:57 AM CST


    Last month, Omaha Mayor Jim Suttle came out in fierce opposition to State Senator Tom White's bill (LB 952) to protect residents of the Omaha Metro from paying an additional $325 million in sales taxes on the fees they'll already be paying to cover the costs of a multi-billion dollar sewer improvement project mandated by the federal government.  At the time, I argued that Suttle needed to take another look at the actual numbers behind this tax, hoping that he'd come to his senses and stop defending a tax that sends $3.67 to the state for every $1.00 received by the city.

    No matter how much the city might need that dollar, Suttle should have been able to see that the numbers don't add up and that the city would be better served by practically any other tax or fee that would actually be collected at the local level.  Yet, while LB 952 has built momentum, been advanced from the Revenue Commitee, and been named White's priority bill for the 2010 session, Suttle has now doubled-down in his opposition by hiring an additional lobbyist to specifically fight against this legislation.

    The Omaha World-Herald reports:

    Omaha Mayor Jim Suttle has hired one of the state's most powerful lobbyists to help him defeat a controversial tax exemption bill.  Lobbyist Walt Radcliffe of Lincoln submitted papers Tuesday indicating that the city will pay him $5,000 a week, not to exceed $50,000 for the 2010 session....

    White...said he "didn't care how many high-priced, high-powered Lincoln lobbyist the mayor hired with taxpayer dollars."

    White added that he thought Omaha was "in a budget crisis" that precluded hiring additional lobbyists.  Lobbyist Jack Cheloha, who is hired by the Omaha City Council, has worked against passage of White's proposal...


    With this latest move, it becomes even harder to fathom what Suttle is thinking and what he is really hoping to gain.

    Of course, I understand the defensive posture of wanting to hold onto any potential sources of revenue that aren't new property taxes.  It's certainly unfortunate that Suttle found so little cooperation from Governor Dave Heineman and Omaha's State Senators on expanding the city's options for dealing with its many fiscal challenges.  I can also empathize with Suttle wanting to contain any hikes in the property tax that might ultimately loom in the distance.  But, by working so hard to avoid being the fall guy for a property tax hike over which he may have little control, Suttle is instead positioning himself as the bad guy fighting against hundreds of millions of dollars in tax cuts for his own constituents.

    There's a reason that LB 952 has 15 cosponsors - most of them from the Omaha Metro.  There's a reason that it received such strong support from the Revenue Commitee.  Although the state of Nebraska stands to lose almost four times as much revenue as the city of Omaha, there's also a very good reason why Heineman and his administration have been so much more restrained than Suttle in their own opposition. They understand that the double-tax on these sewer fees is bad policy and even worse politics.

    From a progressive standpoint, applying a uniform sales tax to sewer fees based on water usage is incredibly regressive and hits low-income and middle-class families the hardest.  Still, Suttle's got his second taxpayer-funded lobbyist leading the charge against LB 952 so these families can continue to pay more taxes to the state and to the city.  In paying this mandated sewer fee, families have had no choice and little opportunity for input.  Adding an opportunistic sales tax on top of that is indefensible no matter how much Suttle is counting on it to fill the city's budet gap and help him hold the line on property taxes.

    LB 952 may come to a first round vote by the Legislature before the end of the week.  If Jim Suttle refuses to be reasonable and think about the numbers behind this legislation, he should at least be aware of the message he is sending to voters and the legacy he is leaving as mayor - championing the people of Omaha continuing to pay so much more than their fair share of taxes to the state of Nebraska!

    Kyle Michaelis :: LB 952: Jim Suttle Just Keeps Digging By Defending Sewer Fee Sales Tax
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    The Reality of it all. (0.00 / 0)
    LB 952 is little more than White's pathetic attempt to pander to voters in his bid for higher office.  Eliminating millions of dollars in funds that the city of Omaha needs to finance the sewer separation project is not a constructive solution to the problem.  His unilateral action in this matter has placed an additional burden on Suttle to find funding for the project.  It's a situation where Suttle finds himself holding the bag for the irresponsible actions of previous administrations that refused to face reality and set aside funds to pay for a project they knew  had to be financed.  It is even more heinous for White to undercut Suttle in this situation.  White had an OBLIGATION to consult with Suttle before he introduced legislation that was largely designed to only affect those in the Omaha area.  Paying taxes may not be popular with the general public, but the reality is that government services have to be paid for.  It is irresponsible, counter productive, self-serving and cynical for an elected official on one level of government to unilaterally eliminate a source of funding for another level of government without ever consulting with the officials who have to deal with the consequences.  Drying up revenue streams is no better than unfunded mandates.

    If White had genuinely been interested in a CONSTRUCTIVE solution, and not just his own political future, he could have asked the state to rebate back to Omaha those same sales tax revenues he proposes to eliminate.  White's actions are typical of a politician who chooses to take a POSITION on an issue rather than find a SOLUTION to a problem.  His actions are much the same as those of the Republicans in Congress who are obstructing the legislative process for political gain rather than working on constructive solutions.  Their every action is calculated and choreographed to obtain a political advantage while the country continues to suffer.

    If all Tom White has to offer the voters of Omaha is the same kind of obsessive tax cut pandering that the Republicans continually run on, without finding solutions that provide and pay for the basic government services they require, then there is no reason to support him over Lee Terry for Congress.  If they're faced with a choice between a real Republican and a fake Republican, they're probably better served by the real one.  At least they'll know what to expect.


    ????? (0.00 / 0)
    Are all the Senator's that signed on "pandering" also? Most, if not all, also appear to be Democrats.  

    [ Parent ]
    Well... (0.00 / 0)
    That is a distinct possibility.  What percentage of Republicans would you estimate are just pandering when they offer tax cuts as a solution to every problem the country faces?

    Removing revenue sources does not contribute to solving the city of Omaha's problems.  It just makes solving them harder.  Proposing to take funding away in the face of a financial crisis only compounds an already unbearable burden for those responsible for finding a solution.

    Do you suppose those same folks who signed on to White's scheme to cut Suttle's throat would have refused to sign on to a bill to rebate the taxes to Omaha?  Politicians find it very easy to sign on to bad legislation that is already on the table if they think it will gain them an advantage in an election.  They even demonstrate a marked preferance for bad legislation over good if it will gain them a few votes.


    [ Parent ]
    White's Proposal (0.00 / 0)
    Pandering to Omaha taxpayers while running for higher office?  Probably so but it doesn't impact the city's ability to pay for the sewer separation project, it just cuts off a lucrative backdoor sales tax increase without Suttle having to take it to the voters.  The sewer separation is going to be paid for by adding a special $50/month fee to the current sewer usage fee that is billed and collected on behalf of the city by MUD.  As a service fee, it would be subject to both existing state and local sales taxes which go to general revenue not project specific bond repayments.  On the other hand, why should White show any concern for Suttle's political standing?  Suttle will be extremely lucky if he's still Mayor at the end of 2010.

    [ Parent ]
    Double Taxation (0.00 / 0)
    It is still a double tax.  People have to essentially be taxed once for the mandate and then again pay a tax on that tax.  Suttle and White need to work this out.  Perhaps the legislation could rebate only the state's portion (which would be a windfall).
    "Pandering" is what you call it when other people get a tax cut.  "Fiscal soundness" is the term when you get the tax cut.  There is a big difference between Tom White and Lee Terry.  Simply wanting to spare your constituent double taxation is not being a Republican

    [ Parent ]
    City doesn't get the sales tax money to finance the project (0.00 / 0)
    R. Schommer needs to do some more research about this.  The sales tax is levied on the project because of a ruling by Heineman's revenue department.  It's not used to finance the project - it's just a windfall for state and local governments.  The project is paid for by the line item on MUD bills for this purpose, and the sales tax is calculated based on the amount of that line item.

    Tom White's bill will help seniors on fixed incomes worrying about how to pay their bills and afford prescriptions and working families struggling to make ends meet.  That's what being a Democrat ought to be all about.


    [ Parent ]
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    102nd Legislature

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