1. Hancock Amendment and local governments in Missouri: The practice of economic development Judith I. Stallmann University of Missouri-Columbia College of Agriculture, Food and Natural Resources May 3, 2006

2. Tax and Expenditure Limitations  Balanced budget  Supermajority to raise taxes  Revenue Limitation  Expenditure Limitation (TABOR)  Expenditure and Revenue Limitation  Combinations  TEL usually refers to expenditure and revenue limitations

3. Balanced Budget Requirement  Balance budget submitted based on projections  Balance budget passed (based on projections)  Actual balance Legislative act Governor acts if legislature not in session

4. Source: National Conference of State Legislatures, 2005. Figure 2. Legislative Supermajority and Voter Approval to Raise Taxes, 2005 Source: National Conference of State Legislatures, 2005. Supermajority rule only ///

5. TEL based on  Tied to: Population CPI Income  Baseline or previous year?  Excess revenues Rainy day or other fund Refunded

6. . Figure 1. State Tax and Expenditure Limits, 2005 Source: National Conference of State Legislatures, 2005 A L A A A A Appropriations limited to a % of projected revenues L Some appropriations limited to rate of personal income growth

7. Hancock--state  Revenues limited to 5.64% of personal income  Any tax, or combination of taxes, over $70 million (adjusted annually) must be approved by voters  Excess revenues must be refunded Income tax rolls are used for refunds—challenged and upheld in court seven though sales taxes are almost equally important in state revenues  Balanced budget empowers governor to cut funding when legislature not in session

8. TELs and Local Governments  Traditional restrictions Types of taxes limited Caps on tax rates  TEL restrictions on local governments Citizen vote to raise taxes Restrictions on increase in assessed values Tax rate rollback to revenue neutral level if assessed values increase beyond some rate Restrictions on increase of the tax paid on the property

9. Missouri local  All taxes must be approved by voters Taxes to payback bonds approved by 4/7s Other taxes approved by majority  If assessed values of existing properties increase by more than the previous year CPI, tax rates must be rolled back to revenue neutral amount.  In Missouri this results in now having different tax rates for different types of property in some jurisdictions  Many properties are reassessed only every 2- years but restricted to one-year CPI

10. Research  Limited research on states TELs not binding with strong economic growth Many are new and do not yet have a track record that allows research  Colorado cities.

11. Research limited  Local government data problems  Only consistent set is census of government every 5 years  Data in some states are not reliable If the local governments do not have to report fiscal data to the state, the census of governments date are not necessarily reliable

12. Colorado Cities (Brown)  Property tax amendment in 1982  TABOR (1992)—all taxes by voters  356 local votes with 325 approvals  In two rural regions revenues per capita have fallen  Use of fees and permits has increased  Increased number of special taxing districts  State budget cuts seem to hurt rural regions more

13. Research questions  Control the growth of government— implicit assumption that this is good  Causes a ratcheting-down effect— depends on wording of law  The petition currently being circulated seems to have a ratcheting down effect

14. Research questions  Are excess revenues refunded equitably? Often use the income tax mechanism when sales taxes may be nearly as important in state revenues. Use of income tax biases refund to higher income households.

15. Research questions  Force government to prioritize Assumes they have not Ignores that mandates may not allow priorities Cuts will be in non-mandated programs  Make government more efficient— difficult research question given that it is not a “market”

16. Research questions  Governments use more creative financing—creative can have good or bad effects—need to look at what has been done and impacts States have substituted other revenues  Fees (can see this in University fees)  One-time revenues, such as the tobacco settlement (Generally would suggest these should be used for assets, not operating)  MOHELA

17. Missouri--local  Increase in special taxing districts  Seem more willing to vote for local tax increases than state. No state vote has passed but the majority of local votes pass.  Use of fees by local governments up 238% compared with 27% nationally

18. Research question  Shift decisions from elected officials What new decision-making mechanisms have evolved? What mechanisms are now used more often than in the past? More citizen control—assumes they have the information to make decisions  Likely to have more information at the local than the state level

19. Missouri local  Tax increment financing Way for cities (mainly) to increase tax revenues without a vote  Creative financing  Decreases citizen input Definition of blight is mixed with the issue of the use of eminent domain to increase tax revenues  Pole Town in Michigan 20 years was an example of the eminent domain issue  The use for ED seems to have become more common—is it because of TELs?

20. Tax Increment Financing  TIF commission includes 6 appointed by municipality, rest represent the overlaying taxing authorities and it votes on the plan  For: Blighted area, conservation area (50% of buildings over 35 years old and in danger of blight), or economic development  And that would not develop otherwise  There can be county TIFs and county- city TIFs—but are mainly city

21. Tax Increment Financing, cont.  For up to 23 years  Taxes on increased assessed value of real property go to TIF district  50% of taxes generated by increased economic activities in the project area—mainly sales taxes, but also utility taxes  Excludes personal property taxes, hotel/motel taxes, special assessments and others

22. Growth trend #1or baseline Growth with TIF TIF freeze Property valuesProperty values Years Year TIF formed Growth trend #2 or baseline “And would not develop otherwise” is Trend #2

23. Tax Increment Financing, cont.  Raises that jurisdiction’s tax revenues without raising its taxes  Does not take into account that other jurisdictions might have increased costs because of the project that are outside the project area.  How they are affected in that case depends on their reliance on different taxes

25. Tax Increment Financing, cont.  The district can also receive up to 50% of new state revenues (personal income and general revenues sales tax) if the project is located in enterprise zone, federal empowerment zone, central business district (MODESTA), or urban core area

26. Missouri local  Transportation Development Districts (TDD) Contiguous with boundaries of a political jurisdiction and by a vote of the people There were 0 TDDs  Law changed and use growing rapidly Can be smaller than a political jurisdiction If no voters in the district, all business owners can apply to the Circuit Court, which approves district and tax

27. Transportation Development Districts, cont.  Financed by new special assessments, property taxes, sales taxes or tolls  May issue revenue bonds and TDD owns project until bonds paid  All properties in TDD must benefit, even if project not located in TDD (interchange)  Improvements in past paid for by developers are now financed by taxes

30. Chapter 100 bonds  Originally were Industrial Revenue Bonds but in 1986 federal government cracked down on the use of such bonds  City holds the property, so it is not taxable by city or any overlaying jurisdiction  Bond paid by rent on the property  Rent below market value, is taxable  Can include both real and personal property  Cannot be used for retail