Louisiana House of Representatives Did What Had to be Done

Last Thursday was crunch time for the Louisiana House of Representatives as it began to chip away at the $1.6 billion deficit, which threatens higher education and health care.

Although the House did what had to be done and raised over $600 million in revenue, none of its actions affected average working families, unless you smoke. The House did pass a modest increase in the tobacco tax (36 cents), which made Louisiana comparable with neighboring states. In addition, the increase was dedicated strictly to health care and receives a two to one match from federal funds. An added benefit is that increasing the tobacco tax also lowers long term health care costs.

The other revenue items passed are considered to be primarily “tax expenditures” because they are specially directed tax breaks, which benefit business and are similar to direct expenditures. Both tax expenditures and direct expenditures are considered as alternative means of accomplishing similar budget policy objectives, in this case helping to expand certain business activities. Some experts have suggested that Louisiana has become a bit too generous with tax breaks in recent years. Consider that during the period from 2009-2014, corporate tax breaks increased by $1.2 billion or 32% and the budget decreased by $847 million or 9%. (For a short video on the state budget, please click here Louisiana Fiscal Crisis 2015)

After six years of cutting, it becomes pretty obvious that higher education and health care (the only areas of the state budget which are not constitutionally protected) cannot suffer more reductions without doing some real harm to the Louisiana residents that members of the legislature took an oath to serve and protect. I think we all agree that the state needs to offer a safety net for those suffering challenges, generally through no fault of their own. In my area, I have listened to emotional pleas from the parents of special needs children and the importance of pediatric daycare facilities to help return some normalcy to their lives, and also to allow them to work. All of the “Do Good” family programs and medical providers in the state that so many depend on have been cut and are already struggling to serve those who require services.

State funding for higher education has decreased 68% in the last six years. Colleges have been forced to raise their tuition while cutting back on course offerings and services. Don’t we want to be able to properly educate our children and keep them in Louisiana?

As I said earlier, the House of Representatives did what had to be done to help offset further disastrous cuts. The measures which passed last Thursday included:

1) Modifying the horizontal oil and gas well drilling exemption to begin phasing out once oil prices rise above $70 per barrel. This exemption was enacted many years ago when horizontal drilling was more experimental and required tax incentives to further new development. Now the technology for fracking is well established and its activity is closely related to the price of oil.

2) Modifying the solar energy system credit to substantially limit benefits to the companies, which lease a system to a third party. The major issues with the program stemmed from the larger leasing companies abuse of program benefits.

3) Capping Louisiana’s film tax credit at $200 million and changing the programs to encourage a home grown industry that generates a better economic return for the state.

4) Reducing by 25% the refundable portion of the state tax credit that businesses receive for paying local inventory tax. Companies are still able to offset all of their state tax liability with the inventory tax credit, collect 75% of the refundable portion and roll the remaining 25% of the refundable portion to subsequent years. These companies can certainly live with that.

5) Eliminating carrybacks but extending carryforwards of net operating losses. Unlike individuals, businesses can carry forward their losses for 10 years to offset tax liability and may also carry them back for 3 years. For example, a company which experiences a loss in the current year can offset it against the earnings of a previous year (carryback), and claim an instant refund from earlier tax payments. The issue with carrybacks is that they require the state to make an unexpected payment in the current year, while carryforwards smooth out the losses by having them applied to future income as opposed to requiring an immediate payment.

6) Suspending for one year, 1 cent of the 4 cent sales tax exemption for utility payments by businesses. This energy cost sales tax exemption was enacted during a time when energy costs were high and businesses which depended on energy as a feedstock requested some relief. Now that energy prices are low, the exemption is not as critical for those companies who are large energy users.

7) Revising the tax credit for taxes paid in other states and requiring that the other state provide a similar credit as Louisiana. The credit shall be limited to the lesser of the proportional credit limitation amount (based on Louisiana’s structure or the actual tax paid to the other state).

8) The final series of bills provided an across the board 20% reduction in tax breaks, primarily for businesses, and included exclusions, exemptions, credits and rebates.

In total, the revenue increases left the average family alone, were targeted at tax breaks considered a bit generous and didn’t disproportionately affect a particular business or industry. Under the circumstances, the House of Representatives rose to the challenge of protecting vital services for Louisiana families.

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The Fun Begins

Rep. Hollis' Car

It was fitting that the 2015 Louisiana Legislative Session opened with an automobile being impaled by the State Capitol’s new security system, since the state is facing a $1.6 billion budget deficit in what is likely to be one of the most contentious session in modern times.

My thoughts are with Rep. Hollis who sustained some not so trivial injuries that included a broken hand and a mild concussion due to a mishap that frankly could have happened to anyone given the new, unfamiliar and unforgiving security system at the State Capitol.

Starting off with a crash is almost fitting given the difficulty of the task ahead. However, now is not the time to blame anyone for what happened in the past because frankly we all share some of the blame for the government continuing to kick the can down the road.

There is a gritty group of lawmakers committed to put some structural solutions in place, but these solutions are painful, difficult and unpopular. Hopefully, the public will pay careful attention as the session unfolds and the media will be comprehensive and balanced so that the voters will fully understand the issues and the proposed solutions. This is an important point in the state’s history and hopefully everybody will work together. Otherwise the state could find itself impaled and ruined.

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Tax Expenditures: The Good, the Bad and the Ugly

The Louisiana Department of Revenue recently issued an inch thick publication entitled “Tax Exemption Budget 2014-2015.” An alternate title for the publication could be “What’s Wrong with Louisiana’s Leaky Tax code.”

The Tax Policy Center, a thinktank associated with the Brookings Institution, defines tax expenditure as “Revenue losses attributable to tax provisions that often result from the use of the tax system to promote social goals without incurring direct expenditures.”

Wiki is even more blunt:
A tax expenditure program is government spending through the tax code.

In other words, the state uses items such as tax credits, exemptions, deductions and exclusions to assist businesses, charities and individuals by providing preferential tax relief. But as well meaning as many of these tax expenditure items are its easy to see in the table below that they are quite out of control and that now you can argue that the tail is wagging the dog:

See table from page five of publication (Table in Millions of Dollars). Click here for full publication: Tax Exemption Budget 2014-2015

Tax Graph

The state gives away 80% of its corporate income taxes and over half of its sales taxes. No wonder why we have budget problems and we’re not even counting rebates.

I’m not saying that tax exemption items are necessarily evil and in most cases they were justified to keep business competitive. However, as the charts illustrated perhaps we had too much of a “good thing” and now we simply can’t afford it any more. This is particularly the case for those tax preferences that haven’t achieved such desired results such as increased economic activity or job creation. The trick is separating the wheat from the chaffe and whether or not the business community is ready for an objective look at the myriad of tax preference items, such as the inventory tax exemption, which is simply a good idea run amock.

At a recent forum sponsored by the Louisiana Association of Business and Industry (LABI), lawmakers were urged to not tinker with the inventory tax exemption, but rather the simple solution was to just repeal the inventory tax. But if repealing the inventory tax was so easy, then why didn’t LABI do that in 1991 instead of push the phase in of an inventory tax credit, in which a company would pay its inventory tax to local government, but take a credit for it on their state taxes. This was probably the best that could be done at the time, but now has grown to be a nagging burden for the state. And even worse, there’s no real accountability since a company doesn’t care how much locals assess them for inventory tax, because it can receive a full credit for it from the state. Maybe that is why the credit has ballooned doubled over the past few years to $452 million. That is a huge hole to fill on a local level and why would local government have any incentive to change what has become a state subsidy. There is some talk about dedicating the tobacco tax increase to local government, but the figures I’ve seen on raising the tobacco tax to the southern average would only fill about one third of the whole from repealing the inventory tax.

Clearly, solving Louisiana’s budget problems are going to be very difficult and will of course dominate the upcoming session and should be the centerpiece of the governor’s race. But specific solutions are needed, if the state is going to have the best of both worlds, that is repealing a problem tax without adverse physical consequences.

I know that there are a lot of plans and a lot of discussions in the works and hopefully all parties, including the business community and local government, will be willing to come to the table for a solution that probably no one is going to be particularly happy with, but that is the best overall that can be done.

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Louisiana Fiscal Reform Act II

Last week, Dr. Jim Richardson, the LSU economics professor, widely acknowledged to be the Dalai Lama of Louisiana fiscal and tax policy and long-standing member of the state’s Revenue Estimating Committee presented a study of Louisiana tax policy. He was assisted in the study by two economics professors from Tulane University, Dr. Steven Sheffrin and Dr. James Alm.
The study was commissioned by House Speaker Chuck Kleckley and Senate President John Alario and paid for by the legislature and Tulane University.

This tax study could lead to Dr. Richardson’s second involvement in a comprehensive fiscal reform effort, the first dating back to the late 80’s as oil revenues were waning and Louisiana was struggling to place itself on sound fiscal footing. Back then, it was Governor Buddy Roemer who attempted comprehensive tax reform based on a plan by Dr. Richardson and others, but unfortunately it didn’t go so well.

Roemer had just come off an improbable gubernatorial victory in which he soared from the back of the pack to a first place primary finish in a few weeks. In fact, Roemer’s 1st primary showing was so impressive that the incumbent Governor Edwin Edwards withdrew the night of the primary, a move that would later haunt Roemer since he was denied his electoral mandate. Some credit for Roemer’s surprise showing was due to groups such as the Louisiana Council for Fiscal Reform, that Dr. Richardson also advised, which skillfully framed the election in the context of dramatic fiscal reform, which Roemer embraced as a revolutionary candidate in 1987. Roemer though was not able to duplicate his initial success with the electorate into significant policy reform.

Despite being bright and well intentioned, Governor Roemer had a knack for impaling himself on his preachy rhetoric and know it all persona, which immediately alienated the legislature and eventually alienated voters. By the time that he was able to pass a watered-down fiscal reform package on his second attempt in 1989, the electorate had wearied of Roemer and his attempt to tie the fiscal reform constitutional amendment to himself doomed it to failure and also cratered his administration as well. Seeking re-election in 1991, Governor Roemer finished a surprising third in the governor’s race behind Edwin Edwards and David Duke.

This led to the fabled Edwards/Duke “race from hell” that deeply tarnished Louisiana, even though the guy in white robe didn’t win. Still the race most remembered for the slogan “Vote for the Crook- It’s Important,” was a negative turning point in Louisiana and helped usher in Louisiana’s version of the Dark Ages, when everything was about gambling, gambling and more gambling. There were problems with gambling from the start, including irregularities alleged in riverboat licensing and then the brawl to control the land-based casino. Then, the temporary casino went bankrupt, prominent legislators were indicted for video poker corruption and of course, Governor Edwards was eventually tried and convicted in connection with the gambling scandal.

The timing of Louisiana’s Dark Ages was unfortunate as the ‘90s brought unparalleled prosperity to other parts of the nation since with the advent of the personal computer and the Internet. During this time Louisiana was probably the last place that anyone would want to relocate a business.

Things seemed a bit better in the new millennium. While the 2008-2009 recession hit Louisiana hard, it didn’t seem to be quite as hard as states like Nevada and Florida perhaps because our sputtering economy had less of a distance to fall. Also, there was still a great deal of Katrina money in the system and propping up industries. Actually, many aspects of the state economy seem to be progressing fairly well until the price of oil dropped recently.

Still, the state’s public sector which was flush just a few years ago has been subject to five years of continuing cuts, primarily in the areas of healthcare and higher education. The future does not appear much better due to items such as rising pension obligations that have exacerbated a structural deficit.

So now we face the prospect of the Act II of Louisiana fiscal reform. The goal of Dr. Richardson’s study was to design a system with sufficient, predictable revenues, that was also competitive to businesses as well as fair and simple. Much of the suggested changes involved items that have been in discussion, namely the large number of tax expenditure items which deplete the tax base.

So this legislative session will apparently be the starting gate for Fiscal Reform Act II. With the exception of a few years when stimulus money or disaster money flooded the coffers, the state has really been struggling financially since the failure of Fiscal Reform Act I. Hopefully, we learned something and can have a better result this time.

Budget presentation by Dr. Jim Richardson: Final Presentation Louisiana Tax Study March 10 2015

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Louisiana Facing a Budget Battle for the Ages, With National Implications

Louisiana is facing perhaps its worst fiscal crises in decades and this time no one is exaggerating for political rhetoric purposes. I spoke recently to the state’s chief economist, who put it quite bluntly; “We have a $1.6 billion deficit and this one is REAL. Listen to me! It’s REAL!” It’s not as if the other deficits were fake, but they always happened to be paired with some handy one time money to fill the gap. This time there’s no Katrina money or stimulus money or BP money or rainy day money or some other money pot or two tucked away somewhere convenient that’s going to magically appear to save the day.

To make matters even more interesting, a powerful national group, the Americans for Tax Reform has become involved in the budget battle and Louisiana’s governor, Bobby Jindal, appears to be actively seeking the Republican nomination for President. So our little state problem now has national implications.


There is plenty of blame to go around and I’ll even accept my share for supporting all of the business incentive legislation during my time in Baton Rouge. But if you want to really start at the beginning, you can blame the guy whose statue faces the State Capitol and whose indelible imprint on the structure of Louisiana state government persists today. During his dynasty in the 1920s and 30s, Governor Huey Long created a powerful, centralized state government which controlled all the money and ran the state in a populist tradition of two chickens in every pot, a college in every community, and state support of many local functions such as law enforcement and K-12 education.

This overbearing state structure works well during flush times like oil booms and disaster windfalls, but tends to sputter when the going gets rough and state government finds itself saddled with paying increasing inventory tax credits on local ad valorem tax and having a large share of its budget spoken for in the Minimum Foundation Program for local schools. In addition, with few exceptions such as the rainy day trust fund, state government has not done a particularly good job of “saving” money, either spending it or refunding it to the taxpayers.

While refunding money to the taxpayers in the form of repealing Stelly or excess itemized deductions certainly feels warm and fuzzy at the time, you better be damned sure that you don’t need the money because you can’t just ask for it back. An editorial in USA Today, http://usat.ly/196sZvm, highlighted the fiscal problems of two states which cut taxes, namely, Louisiana and Kansas.

Louisiana budget problems are also exacerbated by its constitution, which restricts the legislature’s ability to spread the cuts. Many departments were proactive in protecting their budgets in the constitution, and those two areas of which were left out when the music stopped (in a high stakes game of musical chairs) were higher education and health care. Not surprisingly, these two areas bear a disproportionate amount of fiscal pain. In addition, the constitutional provisions also make it very difficult to reform institutions such as higher education such as many of the changes require a two thirds vote and it’s sometimes difficult to get two thirds of the legislature to agree on what day it is.

SO WHAT DOES LOUISIANA DO? I don’t think we have any other choice but to bite the bullet and look for revenue options, as a $1.6 billion cut focused on two areas of the state budget, which have already been significantly cut over the past five years is going to be devastating. And this time, It’s REAL!

I’m a conservative Republican, but I don’t think that it’s necessarily COMMUNIST TO MAKE BUSINESSES PAY FOR THE PRIVILEGE OF DOING BUSINESS IN YOUR STATE, particularly one with abundant natural resources such as Louisiana. Average citizens pay for the privilege of using resources of the state so business should also.

Ideally, the tax system should ideally be broad-based and equitable, being based upon someone’s ability to pay and/or their use of government services. However, existing tax incentives deserve a different level of scrutiny since they constitute special treatment and are generally targeted to certain industries, that are favored for some policy reason or because the state expects some type of economic return, such as job creation, infrastructure improvements or some other economic gain. Since average people don’t get these kinds of incentives, they should be granted with care and the state needs to get something worthwhile in return. Otherwise, why do it?

Despite the position of the Americans for Tax Reform, I think Republicans can modify tax incentives to obtain a fair return to the state without going to hell.

BUT IN EXCHANGE FOR BEING BAILED OUT, CERTAIN LOUISIANA INSTITUTIONS NEED TO ACCEPT STRUCTURAL REFORM. If the legislature is going to go to the business community and ask them to help reform business tax incentives, it is fair to request that recipient institutions, such as higher education, accept structural reforms.


During the time that the education industry is going through perhaps its most starkest makeover in a century with the advent of digital learning, Louisiana is decidedly old-school with too many colleges, too many deans, too much redundant administration, and too many Boards.

I have nothing against colleges. I know that they are an important part of the communities that they serve. But no one doubts that the current higher education system is not only inefficient but not sustainable fiscally. The choices for higher education are to accept some reform or remain committed to a slow painful death.

THE LEGISLATURE HAS STUDIED HIGHER EDUCATION REFORM, BUDGET REFORM AND TAX CREDIT REFORM and it’s time to act. Prof. Jim Richardson is presenting his thoughts to the joint revenue/tax committees tomorrow and his thoughts will be quite interesting. Stay tuned.

At the Republican retreat last week, I made a comment about the voodoo junk science tax accounting used by the Americans for Tax Reform to Tim Barfield, who was presenting and heads the Louisiana Department of Revenue. Mr. Barfield responded that my comments were spoken like a true term limited legislator, which I am. Although I may be term limited, I’m certainly going out with a bang.

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Americans for Tax Reform Provides Solutions to Louisiana’s Fiscal Crisis

(Provided that the Legislature is Smart Enough to Understand and Embrace Them)

In my last blog post (http://bit.ly/1DLCzAg), I discussed the problems that the Scarlet T (TAXES!) posed for Republicans seeking to avoid catastrophic cuts of $1.6 billion to an already battered Louisiana fisc. I reported that under the strict guidelines provided by the Americans for Tax Reform, any tinkering with Louisiana’s generous tax incentives could result in being damned with the dreaded Scarlet T if the changes resulted in any increase in net revenue.

Turns out that my assessment of the organization’s position on taxes may have been premature, as Patrick Gleason, the Director of State Affairs for the Americans for Tax Reform, has proclaimed that changing tax credits from refundable to non-refundable is actually a “spending cut.” (http://onforb.es/1B8CvZc) Mr. Gleason’s recent comments in Forbes were in reaction to Governor Jindal’s budget presented last week proposing the reduction of tax credit outlays of $526 million by converting some refundable tax credits to non-refundable. In other words, the respective companies would only be able to apply the credits to their existing income tax liabilities and not obtain any additional refund payment for the year. The refundable credits affected included the Inventory Tax Credit, Wind and Solar Credit and about a dozen others. Needless to say, the additional funds will take some of the sting, about 30%, from what would’ve been absolutely devastating cuts, but which are still very serious.

The good news, particularly for those concerned about the Scarlet T, is that the refundable to non-refundable plan has been blessed by the Americans for Tax Reform. As mentioned above, Mr. Gleason has stated that “changing a tax credit from refundable to non-refundable is a spending cut, not a tax increase.”

Not that I wish to quibble with the group’s apparent flexibility on non- refundable tax credits, but I’m trying to follow the logic behind the apparent departure from the net revenue test listed in the ATR website. To me it seems that this so-called “spending cut” is not exactly a reduction in state spending, but rather a decrease in the refunds provided by the state, which technically is a net increase in revenue.

Not so, replies Mr. Gleason in his Forbes piece, stating that his position is a “fact” recognized by the federal government, citing the federal Joint Committee on Taxation. Is the federal government actually empowered to decide what a fact is? Mr. Gleason also cites the Washington Examiner in explaining how the refundable portion of a nonrefundable tax credit is actually spending.

“Refundable tax credits allow you to get back your taxes, and then more.

For instance, say your state gives you a tax credit worth the entire cost of sending your kids to ballet class. Say ballet class cost is $1,000. Say your state tax liability was only $800. If the ballet-credit were “refundable,” you’d end up owing zero dollars in state taxes, and then you’d get a $200 check.

So, a refundable tax credit is basically a direct government subsidy.(emphasis added)”

Using this analysis, then it seems like the great bulk of Louisiana tax credits are actually direct government subsidies since the beneficiaries receive considerably more benefits over and above their payment in taxes. Consequently, Louisiana legislators have new options to “reduce spending” by cutting direct government subsidies, without having to worry about the Scarlet T.

Not surprisingly, Louisiana business groups are not quite on board with classifying these changes as spending reductions, since they serve to increase the taxes on their member companies. My response to these groups is that it is a “fact” that these credit changes are spending reductions and not tax increases.

Another revenue option suggested in the Governor’s budget, which was also blessed by the Americans for Tax Reform, is an additional fee directed to higher education institutions that would be offset by a tax credit which would in turn by offset with revenues generated from raising the cigarette tax to the southern average of $100 million. Got that. For example, students would be assessed an extra $2000, that could be offset with a credit, which would be funded by a $100 million cigarette tax increase. But wouldn’t it be a bit simpler to increase the tobacco tax and simply allocate the funds higher education? Not exactly, according to the Americans for Tax Reform, reverting back to the net revenue model and claiming that the increase in taxes has to be offset by a tax credit so that they would be no net revenue. Interesting. However, this analysis does offer the legislature the flexibility to raise as much taxes as it wants provides it enacts an offsetting tax credit.

If none of this makes whole lot of sense to you, I’m in agreement. If Louisiana has to depend on national groups to bail us out of our problems, then God help us. The good news is that I have been in discussion with many of my colleagues in the legislature and we are ready to roll up our sleeves and tackle our fiscal problems, despite the Scarlet T. We might not be as smart as the national group, but we will certainly do our best. Stay tuned!

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Does the Scarlet “T” Deter Republicans From Wise Policy Choices?

During the Puritan era, women convicted of adultery were forced to wear the Scarlet “A” on their dresses at all times to publicly shame them for their crime. Today, Republicans who support any form of revenue increase are branded with the Scarlet “T” by their opponents and fervent ant-tax groups for their unpardonable sin of supporting TAXES. Being stuck with the Scarlet T can be fatal to a Republican, particularly during a primary election when GOP candidates are trying to position themselves as furthest to the right with the party faithful.

As a Republican state legislator from Louisiana, I’ve certainly avoided the Scarlet T like the plague, even on measures that I didn’t have a particular problem with, such as extending four cents of the tobacco tax. In fact, the closest I ever came to the Scarlet T was to support a driver’s license fee increase for highway litter abatement, with such a user fee being distinguished from a tax because it funds a specific service. Even then I was attacked by a few as a heretic Republican, despite that fact that the fee increase was only $1 and payable once every four years.

Perhaps the most prominent anti-tax group is the Washington D.C. based Americans for Tax Reform, which challenges federal and state office holders to sign a pledge to “oppose any and all efforts to increase taxes.” Tax increases are interpreted very broadly to include any net revenue increase. The group has its own distinctive Scarlet T for politicians who violate their tax vows, namely public humiliation in its “Hall of Shame.”

I don’t like taxes and ran on an anti-tax, starve the beast platform. But after five years of constant cutting, including slashing 80% from higher education and limiting health care access for the most vulnerable, I’m simply tired of all the continuing carnage.

Unfortunately, state revenues continue to languish. Perhaps recent tax incentives granted to certain industries were generous and created unintended loopholes. I supported them all in the name of economic development, but now question the wisdom of giving away so much money with so little accountability. Surely, closing loopholes and adjusting tax breaks to require an appropriate economic return to the state would not be classified as raising taxes. But since these items raise revenue, they rate a Scarlet T under the strict Americans for Tax Reform criteria since they technically result in feeding the beast.

But does the Scarlet T always result in good policy choices?

In Louisiana, Republicans should be able to rein in generous tax incentives without having to worry about the Scarlet T. On a federal level, Republicans should be able to attack America’s huge deficit with a package that includes modest revenue items in addition to large spending cuts. Why are Republican leaders unwilling to embrace a package that consists of 90% spending cuts and 10% revenue increases for the important goal of deficit reduction? The Scarlet T!

The Americans for Tax Reform website states that the group was founded by Grover Norquist in 1985 at the request of President Reagan. But didn’t President Reagan back several revenue increases during his term in office including the Tax Equity and Fiscal Responsibility Act to close loopholes from the Economic Recovery Tax Act? Certainly, President Reagan is not listed in the ATR Hall of Shame. The point is that there are appropriate times and appropriate ways to increase revenue.

Grover Norquist and Americans for Tax Reform have done an excellent job calling attention to and helping to limit tax increases. I heartily commend their important efforts in exposing tax increases masquerading as tax reform. But the group should recognize that there are also unwise and unfair corporate windfalls disguised as tax incentives and that reforming these is not necessarily raising taxes and deserving of the Scarlet T.

This week, the Jindal administration is scheduled to release its Executive Budget that will likely contain devastating cuts to higher education and health care, the two main areas of the budget that are not constitutionally protected. Hopefully, we can find responsible ways to mitigate further damage to our important institutions without being deterred by the Scarlet T.

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