Louisiana
Governor’s Tax Package Seeks To Make Louisiana More Competitive
Louisiana State Capital in Baton Rouge
The first half of the 2020s has been marked by two dominant policy and political trends in state capitals: the expansion of school choice, coupled with the lowering and flattening of personal income tax rates. While these trends are poised to persist in the coming year, most lawmakers and governors will have to wait until 2025 to advance the next round of reforms. In Louisiana, however, lawmakers aren’t going to wait until the new year to overhaul their tax code in a way that will reduce income tax rates for individuals and employers.
On the first day of October, Governor Jeff Landry (R-La.) announced that he’s convening a special session of the Louisiana Legislature next month for the purpose of reforming the state tax code in a way that will lower income tax rates and broaden the sales tax base. Governor Landry is asking state legislators to approve ten bills comprising his tax reform package when they return to Baton Rouge for the November special session.
The current tax system in Louisiana assesses a 1.85% tax on the first $12,500 in earnings, while income between $12,500 and $50,000 is taxed at a 3.5% rate. Income above $50,000 is then taxed at a 4.25% rate. If Gov. Landry’s proposal is enacted, Louisiana would tax all income beyond $12,500 at a 3% rate. With the standard deduction raised to $12,500 under Landry’s proposal, income below that level would be free from taxation moving forward.
“This plan will provide an immediate increase in take-home pay for every Louisiana taxpayer,” Gov. Landry said of his proposal during the Oct. 1 press conference. Landry described his tax package as “moving from taxing your labor to your choices.”
Beyond the initial restructuring of state income tax brackets and rates, Governor Landry says his plan could put Louisiana on the path to completely phase out its personal income tax by 2030. “I hate income tax,” Landry said at the October 1 press conference, adding that “a man and woman’s labor should never be owned by the government.”
The goal of income tax elimination is appealing to many Louisianans who see the neighboring state of Texas, along with nearby Florida and Tennessee, thriving without any state income tax. In fact, those states have been experiencing some of the nation’s largest population gains in recent years.
Landry is not the only governor in the region working toward a phaseout of his state’s income tax. Arkansas Governor Sarah Sanders (R) and Mississippi Governor Tate Reeves (R) have not only declared their intention to repeal their state income tax, they’ve signed numerous rate-reducing bills making progress toward that goal.
Landry’s tax package would also repeal the corporate franchise tax and move the corporate income tax from a progressive structure with a top rate of 7.5% to a flat rate of 3.5%. Fewer than 20 states levy a corporate franchise tax and many of them have been working to phase those down in recent years.
“Governor Landry’s sweeping tax reform proposal will dramatically improve the state’s economic climate by providing a tax cut for every taxpayer, simplifying business taxes, broadening the tax base, and ending the punishing franchise tax,” says Daniel Erspamer, chief executive officer of the Pelican Institute for Public Policy, a Lousiana-based think tank. “When paired with meaningful restraint of recurring government spending, this plan will act as rocket fuel to the state’s economy and signal to the tens of thousands of our kids and grandkids who’ve left to find opportunity elsewhere – not to mention entrepreneurs and job creators – that Louisiana wants them back.”
Critics of Landry’s tax proposal have attacked it as one that benefits “the rich.” Landry administration officials have responded by pointing out how, under their proposal, upper income taxpayers would actually end up paying a greater share of income tax collections than is now the case.
In remarks to the Louisiana House Ways & Means Committee earlier this month, state Department of Revenue Secretary Richard Nelson testified that under Gov. Landry’s tax package, the richest 10% of Louisiana taxpayers would pay 61% of total income tax collections. Under the current tax system, the top 10% of filers pay approximately 55% of all income taxes.
In addition to legislative approval, Governor Landry’s plan also entails voter approval of a constitutional amendment to repeal local inventory taxes, consolidate funds, and make other changes. The start date for the November session has yet to be announced, but is expected to take place some time after Election Day. Should Landry’s tax package be adopted, Louisiana would head into 2025 with a tax code that is more regionally, nationally, and globally competitive than is currently the case.
Louisiana
Supreme court sides with oil and gas firms in Louisiana coastal damage fight
The supreme court handed a win on Friday to oil and gas companies fighting lawsuits over coastal land loss and environmental degradation in Louisiana.
The 8-0 procedural decision gives the companies a new day in federal court after a state jury ordered Chevron to pay upward of $740m to clean up damage to the state’s coastline, one of multiple similar lawsuits.
Backed by the Trump administration, the companies argued the case belongs in federal court because they began oil production and refining during the second world war as US contractors. They deny responsibility for land loss in Louisiana and say it is wrong to sue them for what they did before state environmental regulations were in place.
Louisiana’s coastal parishes have lost more than 2,000 sq miles (5,180 sq km) of land over the past century, according to the US Geological Survey, which has also identified oil and gas infrastructure as a significant cause. The state could lose an additional 3,000 sq miles (7,770 sq km) in the coming decades, its coastal protection agency has warned.
The Republican governor, Jeff Landry, backed the lawsuits when he was attorney general, despite being a longtime oil and gas industry supporter. Attorneys for local Louisiana leaders say the supreme court appeal was a stalling tactic.
The companies appealed to the high court after jurors in Plaquemines parish – a sliver of land straddling the Mississippi River into the Gulf – found that energy giant Texaco, acquired by Chevron in 2001, had for decades violated Louisiana regulations governing coastal resources by failing to restore wetlands affected by dredging canals, drilling wells and billions of gallons of wastewater dumped into the marsh.
The case is one of dozens of lawsuits filed in 2013 alleging oil giants including Chevron and Exxon violated state environmental laws for decades.
The companies asked the justices to overturn a 2024 decision from the US court of appeals for the fifth circuit that allowed the suit to stay in state court.
Justice Samuel Alito recused himself from the case, saying he had financial ties to ConocoPhillips. He had recused himself from other cases due to his stock holdings.
Louisiana
Louisiana GOP races to keep an exonerated Black man from taking office in New Orleans
Louisiana
Parole committee for people convicted by nonunanimous juries advances
Incarcerated people with nonunanimous jury convictions would be able to send an application for parole to the committee within its first year.
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BATON ROUGE — A bill that would allow a committee to recommend parole to incarcerated Louisiana residents who received convictions through nonunanimous jury verdicts advanced 4-3 along party lines in a Senate judiciary committee.
Senate Bill 215 would allow the Department of Public Safety and Corrections to create a committee to review the appeal records of cases with nonunanimous convictions.
Incarcerated people with nonunanimous jury convictions would be able to send an application for parole to the committee within its first year. The committee would end after three years.
Democrats and advocacy groups opposed the bill, saying it did not go far enough to correct the problems.
The bill is meant to address possibly unjust convictions that are no longer legal in Louisiana after a constitutional amendment requiring unanimous verdicts passed in 2018.
The original law, allowing for convictions on as little as a 9-3 vote, was part of the 1898 constitutional convention, and it was designed to dilute Black jurors’ votes.
Louisiana changed the requirement to a 10-2 vote during the 1973 constitutional convention. Oregon, the only other state that allowed nonunanimous juries, had the same requirement.
Under the new bill, clerks of court would provide applicants with their records free of charge, and district attorneys and victims could respond at hearings.
Sen. Patrick McMath, R-Mandeville, who wrote the bill, said the legislation was a compromise between district attorneys who believed in the validity of convictions and criminal justice advocates.
“There’s likely not a way that either of those groups can come to a full consensus, but I think it was important to have the discussions and to continue to have the discussions,” McMath said.
Bradley R. Burget, president of the Louisiana District Attorney’s Association, supported the bill.
“We’re not exactly happy with it,” Burget said. “There’s a lot of the members of the DA’s association that may not be 100% for this, but I think this is something that they can live with.”
Zachary Daniels, the association’s executive director, liked the bill’s provision giving the committee authority to determine which nonunanimous convictions are just since “many of these contain strong evidence and are valid convictions where the prosecutor played by the rules at the time.”
Before the legislative session, the association found at least 1,215 cases a committee could analyze.
Daniels said it would be impossible to retry all of these cases because witnesses, officers and victims may no longer be available, and evidence may no longer exist.
The extensive list of issues the committee could consider includes the length of jury deliberations, the strength of the state’s case, the effectiveness of the defense attorney and evidence of racism.
Former Rep. Randal Gaines, who is now chair of the Democratic Party of Louisiana, filed a similar bill in 2022 that included the same list of issues that could be reviewed.
Herman Evans, who spent 37 years in prison after a nonunanimous jury convicted him in 1989 for a second-degree murder he did not commit, opposed the bill. Even after the perpetrator confessed in 2012, Evans did not get a hearing until 2024.
“That bill ain’t going to do nothing,” Evan said. “They’ve got the parole board. They’ve got the clemency board. It’s about the same board. And it costs about the same if you bring them back and let them get denied.”
Daniels said the expected cost to implement the bill is $1.8 million, based on a study resolution written for the 2025 legislative session by Sen. Charles Owen, R-Rosepine.
Owen also filed House Bill 219 that would allow courts to have resentencing hearings for nonunanimous convictions. The House Committee on Administration has not heard the bill yet.
One issue that arose in the meeting was the governor’s impact on the committee.
The governor would appoint to the committee three retired appellate court judges or Louisiana Supreme Court justices, one retired district attorney or assistant district attorney and one retired public defender.
The district attorney and public defender appointees would come from a list of three nominations from the Louisiana District Attorneys Association and the state public defender.
Although all five members would need to agree that a conviction was unfair, the current bill would allow the governor to make final decisions on releasing applicants.
The current bill does not provide details on the governor’s power. Daniels said the bill would eventually include that language after input from attorneys from the governor’s office.
Daniels also noted that there may be some conflict between the committee’s final decision and Gov. Jeff Landry’s tough-on-crime approach.
Sarah Gozalo of the Promise of Justice Initiative expressed concerns about the governor’s ultimate power.
“If we find that miscarriage of justice, the solution is, we will ask the governor — the one person who, in 2018, opposed getting rid of nonunanimous jurors,” Gozalo said.
Other opponents of the bill suggested keeping the bill in committee until it was amended to address their concerns.
Bruce Reilly, deputy director of Voice of the Experienced, and Erica Navalance, a criminal defense attorney, recommended adding post-conviction evidence to the records the committee sees to prove claims of ineffective defense counsel or prosecutorial misconduct.
McMath declined to defer the bill.
“I think that holding it up in this committee doesn’t necessarily give the chance to continue to move on through the process, where we all know that things sometimes can change and get new input,” McMath said.
Sen. Royce Duplessis, D-New Orleans, who had a similar bill in 2025 that did not pass, objected to the bill’s advancement.
“Just know that this is not an easy objection for me,” Duplessis said. “And if this bill does advance, I want to continue, or at least I want to work with you, to try to find a solution, because it’s been stated repeatedly, we’re not quite there.”
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