text:
Senate kills bill authorizing withholding of tax refunds
by Adam Ganucheau March 8, 2017 May 10, 2021
THE TODAY Statewide news delivered to your inbox Monday-Friday Sign up for free Success! You're on the list. Whoops! There was an error and we couldn't process your subscription. Please reload the page and try again. Processing… Sen. Sally Doty, R-Brookhaven Accurate. Trustworthy. Free. We're dedicated to keeping Mississippians informed with our thorough reporting. Keep […] Credit: Gil Ford Photography
A bill that would have authorized the state to withhold income tax refunds from Mississippians who owe debt to private hospitals and community colleges was voted down in the Senate on Wednesday.
Those who owe debts greater than $100 to nonprofit hospitals and $25 to community colleges could have had state income tax refunds withheld under the bill.
The practice is already used for uncollected four-year university and child support debts. In addition to state community colleges, the bill would have broadened the practice to include nonprofit hospitals, making them the first private entity able to draw upon state assistance to collect outstanding debts.
The bill, which failed by a close 24-23 vote, was held on a motion to reconsider on Wednesday, meaning the Senate can take another vote on the legislation on Thursday.
"Our hospitals are subject to federal guidelines, and laws that requires them to take in certain patients," said Sen. Sally Doty, R-Brookhaven, who defended the bill on the Senate floor Wednesday. "I think they deserve some different treatment than just a retailer. They're in a separate class."
The bill in question, House Bill 687, originally included provisions only for community colleges to collect outstanding debt through withholding income tax refunds.
But Doty added the hospitals provision to the bill after a similar bill she sponsored dealing with hospitals died in committee in late January. Doty said on the floor last week that she has worked on this provision for six years.
"I'm in favor of the community colleges having this ability, but I've got some concern over non-public entities claiming state tax refunds," Sen. Briggs Hopson, R-Vicksburg, said last week. "I'm concerned this may start a slippery slope for the private hospitals, and quite honestly, I wonder if this will start a pecking order of who can collect in the private sector."
Hopson successfully introduced an amendment on Wednesday that would prioritize public hospitals' ability to collect debt before private hospitals before the Senate voted against the bill on final passage.
Mississippians owe community colleges around $98 million in debt, according to Kell Smith, spokesman for the Mississippi Community College Board.
"We think it'd be a good tool for community colleges to collect some of the debt that's owed to them," Smith said.
The bill in its current form treats the community colleges differently than the hospitals.
Existing law gives four-year universities the authority to work with the Department of Revenue to determine outstanding debt, and the revenue department then withholds tax refunds when necessary. An appeals process is available for those who wish to dispute those offsets after the fact. That process would have been used by community colleges under the bill.
But the section of the bill dealing with hospitals would first require a judgment from a county's Justice Court judge, who after a hearing could authorize the Department of Revenue to withhold an individual's refund.
The bill was held on a motion to table last week after Sen. Michael Watson, R-Pascagoula, called into question the legality of adding the hospitals provision to the original colleges legislation.
Lt. Gov. Tate Reeves, after consulting with Senate attorneys, ruled Wednesday that Watson's point of order was not well taken, giving Doty the green light to move forward with her defense of the bill and allowing the Senate body to vote.
Before it failed, three senators on Wednesday spoke against the bill on the floor.
"We don't care about folks. We want what we want, and that's not the right attitude," said Sen. David Jordan, D-Greenwood. "We all read God's word, and we know what it says. I don't see any compassion in this bill for the poor."
by Adam Ganucheau, Mississippi Today

Senate kills bill authorizing withholding of tax refunds

by Adam Ganucheau, Mississippi Today
March 8, 2017

A bill that would have authorized the state to withhold income tax refunds from Mississippians who owe debt to private hospitals and community colleges was voted down in the Senate on Wednesday.

Those who owe debts greater than $100 to nonprofit hospitals and $25 to community colleges could have had state income tax refunds withheld under the bill.

The practice is already used for uncollected four-year university and child support debts. In addition to state community colleges, the bill would have broadened the practice to include nonprofit hospitals, making them the first private entity able to draw upon state assistance to collect outstanding debts.

The bill, which failed by a close 24-23 vote, was held on a motion to reconsider on Wednesday, meaning the Senate can take another vote on the legislation on Thursday.

"Our hospitals are subject to federal guidelines, and laws that requires them to take in certain patients," said Sen. Sally Doty, R-Brookhaven, who defended the bill on the Senate floor Wednesday. "I think they deserve some different treatment than just a retailer. They're in a separate class."

The bill in question, House Bill 687, originally included provisions only for community colleges to collect outstanding debt through withholding income tax refunds.

But Doty added the hospitals provision to the bill after a similar bill she sponsored dealing with hospitals died in committee in late January. Doty said on the floor last week that she has worked on this provision for six years.

"I'm in favor of the community colleges having this ability, but I've got some concern over non-public entities claiming state tax refunds," Sen. Briggs Hopson, R-Vicksburg, said last week. "I'm concerned this may start a slippery slope for the private hospitals, and quite honestly, I wonder if this will start a pecking order of who can collect in the private sector."

Hopson successfully introduced an amendment on Wednesday that would prioritize public hospitals' ability to collect debt before private hospitals before the Senate voted against the bill on final passage.

Mississippians owe community colleges around $98 million in debt, according to Kell Smith, spokesman for the Mississippi Community College Board.

"We think it'd be a good tool for community colleges to collect some of the debt that's owed to them," Smith said.

The bill in its current form treats the community colleges differently than the hospitals.

Existing law gives four-year universities the authority to work with the Department of Revenue to determine outstanding debt, and the revenue department then withholds tax refunds when necessary. An appeals process is available for those who wish to dispute those offsets after the fact. That process would have been used by community colleges under the bill.

But the section of the bill dealing with hospitals would first require a judgment from a county's Justice Court judge, who after a hearing could authorize the Department of Revenue to withhold an individual's refund.

The bill was held on a motion to table last week after Sen. Michael Watson, R-Pascagoula, called into question the legality of adding the hospitals provision to the original colleges legislation.

Lt. Gov. Tate Reeves, after consulting with Senate attorneys, ruled Wednesday that Watson's point of order was not well taken, giving Doty the green light to move forward with her defense of the bill and allowing the Senate body to vote.

Before it failed, three senators on Wednesday spoke against the bill on the floor.

"We don't care about folks. We want what we want, and that's not the right attitude," said Sen. David Jordan, D-Greenwood. "We all read God's word, and we know what it says. I don't see any compassion in this bill for the poor."

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Adam Ganucheau
adam@mississippitoday.org
Adam Ganucheau, as Mississippi Today's editor-in-chief, oversees the newsroom and works with the editorial team to fulfill our mission of producing high-quality journalism in the public interest. Adam has covered politics and state government for Mississippi Today since February 2016. A native of Hazlehurst, Adam has worked as a staff reporter for AL.com, The Birmingham News and The Clarion-Ledger and his work has appeared in The New York Times, The Washington Post and Atlanta Journal-Constitution. Adam earned his bachelor's in journalism from the University of Mississippi.
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Darren Bray
Darren started his architectural career as a technician on a youth training scheme before going on to train as an architect at Portsmouth University School of Architecture. He now teaches part-time at Portsmouth School of Architecture, and is a visiting critic at Brighton University. Darren founded Studio B.a.d. Architects in 2018.
I still sometimes think that I gatecrashed the profession. Even now I rarely refer to myself as an architect as it seems a bit of a grand title – in this day and age it's all about teamwork and collaboration. I don't ever want to become complacent or think that I've somehow 'arrived'. I'm more inclined to tap myself on the shoulder and say: 'hang on a minute, don't forget where you came from, and make sure you're continuing to push yourself.'
My dyslexia wasn't diagnosed until the first year of my degree, so my school years were very frustrating and I've taken a roundabout route to get into the profession.
I guess I don't see myself as fitting into the traditional view of who or what an architect is. I struggled academically throughout primary and secondary school. The teachers told my parents: 'he tries hard, but there's not a great deal of potential there.' My dyslexia wasn't diagnosed until the first year of my degree, so my school years were very frustrating and I've taken a roundabout route to get into the profession.
My own expectations began to rise when others encouraged me. At the age of 18 I worked in a local architect's practice training to become an architectural technician and my colleagues told me that I needed to set my sights higher. They believed in me, so I started to believe in myself.
That experience informs how I am as a teacher: I can see the potential in people and try to support them, notice what they're really good at and make sure they don't disappear from the profession when they hit inevitable obstacles. It's much tougher than when we were at university because students have a lot more financial stress, so it's all the more important we go out of our way to encourage them.
I'd like to think that I've got a strong moral compass and that comes from my parents. I believe that as you go through life you encounter people who do things for you - support you, mentor you and become your role models. I wouldn't be where I am now without them. It's important to realise that you can do the same for others. I don't want to look back as an old man and think that I achieved a lot as an architect, or even as a father, but that I didn't give back to society in some way. If I've helped anyone, I just hope that they will pass it on by helping someone else – then it becomes a kind of chain reaction.
At the age of 18 I worked in a local architect's practice training to become an architectural technician and my colleagues told me that I needed to set my sights higher. They believed in me, so I started to believe in myself.
Architecture has, in the past, been seen as world predominantly inhabited by men. I think that the RIBA has a responsibility to try and change that perception. The good news is that we are beginning to see schools of architecture getting a more diverse intake, so we have to work out what we're going to do to keep them. That particularly applies to female students because I believe we are losing too many of them and I don't really know what's going on. It's something we need to understand better as a profession, so we can do something about it.
Our workplaces suffer as a result of having too few female designers and architects. The practice where I work now is diverse in lots of different ways – not only in gender – and we are the richer for it. Everybody is much more open to change and not overly attached to taking the tried and tested route. There is a healthy challenge that goes on and that's vital because if you aren't being challenged, you aren't learning and that limits what you can produce for your clients.
The recession has meant that we've all come out of a really traumatic period for businesses. We used to sit at our desks with blinkers on, focused on our own work but now I'm finding that small and medium-sized practices are looking outwards, connecting with one another and problem-solving together. It's really refreshing and hopefully we can push that way of working out into bigger businesses and across the profession. I want a future characterised by innovative architecture, exciting collaborations and architects standing up for what they believe in.
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AMALFI shops and makes our dough fresh the day before, arrives at least 1 ½ hours before serving to set up and fire our oven to over 800 degrees. This allows us to make multiple pizzas in minutes. We then serve for about 2 hours, clean up and depart.
Our catering service provides a unique selection of gourmet pizzas, appetizers, salads, stromboli, gelato and other desserts.


text:
Environmental Compliance Auditing and Selling and Buying a Business
Related Practices & Jurisdictions
As we discussed in recent Legal Updates, because environmental sustainability is now viewed as an essential component of the overall operation of most companies, and Environmental, Social and Governance (ESG) initiatives are gaining in popularity, the value of conducting periodic environmental compliance audits and establishing an environmental management program is essential for companies that desire to be viewed as leaders in environmental compliance. We also discussed environmental regulatory agency programs ("Enviro-Check" and "Green Tier") that reduce the risk of environmental enforcement and/or fines and penalties for businesses that voluntarily conduct environmental compliance audits, self-report any non-compliance that is discovered and agree to remedy the non-compliance.
Another very important reason for conducting environmental compliance audits is tied to the purchase/sale of a business, particularly where operations associated with the business use or store hazardous substances (e.g., cleaning solvents, hydraulic oils) or generate hazardous wastes (e.g., used chlorinated solvents) or universal wastes (e.g., used lead-acid batteries, antifreeze). If the purchasing entity intends to carry on the same operations as the selling entity, the purchasing entity will likely transfer the environmental permit coverage from the selling entity. If an environmental compliance audit is not conducted prior to the purchase, there is the potential that violations of environmental permit conditions and environmental regulatory requirements may not be detected and the purchasing entity may inherit an obligation to correct any non-compliance issues. (Note: An environmental compliance audit is different than a Phase I Environmental Site Assessment [Phase I ESA], which is often conducted as part of the pre-purchase due diligence of a real property. The focus of a Phase I ESA is to evaluate whether documented contamination is present at the property or whether the potential exists for contamination to be present at the property based upon historical or current uses of the property. In contrast, an environmental compliance audit is an evaluation of a company's environmental legal requirements and an assessment of how the company complies with those requirements.)
What often is a surprise to many is that even the most basic of manufacturing operations frequently uses or stores hazardous substances or generates wastes that could require a variety of environmental permits and/or obligations to comply with environmental regulations. Some examples that may trigger an obligation to obtain an environmental permit or to comply with environmental regulatory obligations include:
If a facility has the capacity to store 1,320 gallons of oil (twenty-five 55-gallon drums of oil), aboveground at any time on a site there is a requirement under federal law to prepare a Spill Prevention, Control, and Countermeasure (SPCC) Plan, which is a comprehensive plan to address releases of oil stored at a site.
Even if a facility does not emit hazardous air pollutants as part of its operations, if the facility has boilers or furnaces, there may still be a requirement to obtain an air permit, or at a minimum, demonstrate why an air permit is not needed.
If a facility stores wooden pallets outdoors on the premises, or has open dumpsters or uncovered loading dock areas, there may be a requirement to obtain a stormwater permit and prepare a Stormwater Pollution Prevention Plan (SWPPP).
If a facility generates waste aerosol spray cans, the cans and residual contents of the cans may be classified as a "hazardous waste," which requires that specialized hazardous waste storage and disposal procedures be met as opposed to simply disposing of the cans. Further, non-empty waste aerosol cans should not be exhausted into the air to empty the cans. The uncontrolled release of hazardous waste and containerized propellants (e.g., butane, propane) into the atmosphere from the aerosol cans can constitute disposal of a hazardous waste.
If a facility generates used fluorescent light bulbs and antifreeze, such wastes must be segregated from other wastes, identified as "Universal Wastes" and disposed of within specified time periods.
These are just a few of the most common areas in which environmental permits may be required and regulatory compliance obligations imposed.
The list below includes some of the most common environmental regulatory compliance areas that are evaluated in an environmental compliance audit:
Air Permitting, including the requirement for periodic air emission calculations and annual air emission inventory reporting to a regulatory agency;
Stormwater Permitting, including the requirement to prepare a Stormwater Pollution Prevention Plan (SWPPP), update the SWPPP annually and periodically monitor stormwater discharges;
Wastewater Permitting, including the requirement to obtain local Publicly-Owned Treatment Works (POTW) wastewater permits and periodically monitor wastewater discharges;
Spill Prevention, Control, and Countermeasure (SPCC), including the requirement to prepare a SPCC Plan, and periodically update the SPCC Plan;
Tier II Reporting, including the requirement to identify, calculate and monitor the storage of hazardous and extremely hazardous substances on the site and report the presence and quantities of such substances to a local Emergency Planning Authority;
Toxic Chemical Release Reporting, including the requirement to file with the Environmental Protection Agency (EPA) a Toxic Chemical Release Inventory (TRI) Report, which is a comprehensive annual report that documents the use and release of toxic chemicals that are commonly used in industry.
Hazardous Waste Compliance, including the requirement to identify and track the generation, storage and disposal of Resource Conservation Recovery Act (RCRA) "hazardous wastes," properly handle and store the wastes, and file annual inventory reports to a regulatory agency;
Universal Waste Compliance, including the requirement to identify and properly store and dispose of "universal wastes";
Aboveground Storage Tank (AST) and Underground Storage Tank (UST) Management, including the obligation to properly identify and store regulated hazardous substances and maintain AST/UST testing records.
While the above list includes the most common areas that are covered in an environmental compliance audit, the list is not exhaustive and may include other items, depending on the type of operations associated with the facility.
The environmental compliance audit associated with a purchase/sale of a business is typically performed by a third-party environmental engineering or consulting firm. The cost for an environmental compliance audit of a manufacturing facility could range from $3,500 – $10,000, but also could be above that range depending on the size of the facility and complexity of operations. Our experience is that the cost of the audit is well worth the savings in potential fines, penalties and/or the measures required to achieve compliance, if such non-compliance is not identified prior to the purchase/sale transaction.
©2022 von Briesen & Roper, s.cNational Law Review, Volume XII, Number 139
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redpajama_set_name: RedPajamaGithub


This past weekend, I took a trip to the Pilsen neighborhood in Chicago and had brunch at S.K.Y. Recently featured in Chicago Magazine as one of the best new restaurants in the city. I immediately went to their website and browsed the menu. Both the brunch and dinner menu captured my eye. So I quickly made a reservation for Sunday to celebrate an early Mother's Day with the madre.
We walked in and were prepared to feast and that is exactly what we did. They have a fantastic three-course brunch prixe-fixed menu priced at $28. Everything on the menu comes out as dim sum and is basically shareable. Below is what we ordered.
Japanese Cucumber Salad (3 out of 5 stars): Loved that these were bite-sized. Eating cucumbers can get kind of messy, especially when they're spiralized. But these were small and easy to eatThese were perfectly seasoned and tasty.
Mushroom & Goat Cheese Salad (2 out of 5 stars): This was one of my least favorites as it had too many textures going on. The mushrooms, the goat cheese and avocados all have a softer mushy feel. It was too much.
Bacon & Egg Fried Rice (5 out of 5 stars): Hats off to the chef for perfecting this classic take this simple breakfast dish. The rice was flavorful yet slightly greasy and seasoned to perfection. The only thing I didn't like was the portion. Since when was a petrie dish considered acceptable portion to feed someone?
Garlic Beef Noodles (2 out of 5 stars): One of my other least favorite things off the menu. The beef was the only thing that really saved this dish. The noodles were extra thick, too soft and overpowered the dish. There is a lot of potential for this dish but failed to step up to the plate.
Sunnyside Up Frittata (3 out of 5 stars): Not your traditional version of a frittata but the pork belly was perfectly cooked. But it was lacking the boldness of the cheddar cheese and the red chiles.
Organic Fried Chicken (5 out of 5 stars): Um, still dreaming about this one! The fried chicken thigh was cooked in a nice light crispy batter. The creamed corn and the habenero sauce will leave your taste buds dancing around for days. This is a must try.
Maine Lobster Dumpling (5 out of 5 stars): This isn't on the prixe-fixed menu, but this is one of their signature items that cannot be missed. I wish I had 20 of these little suckers. The creamy sauce and fresh lobster marry perfectly with one another. I'm beyond obsessed.
Black Truffle Croquettes (5 out of 5 stars): The truffle flavor is bold but not overpowering. The croquettes were light and not greasy and it did not disappoint.
Overall: Overall rating: 4 out of 5. This restaurant is definitely a stand-out and deserves to be listed in Chicago's Magazine. I am so happy to see the Pilsen neighborhood blossoming with amazing new restaurants with patrons flocking to get reservations. I will back to test out the dinner menu, especially the hamachi. Until next time…xoxo!
Wow…. all the food seriously looks incredible!