There are few things state government needs more than an independent tax
study commission with the expertise to analyze proposed changes in the state's
tax structure. The good news is that such a commission now appears very much a
possibility. The problem is that it comes at the 11th hour.
When the legislation was introduced by the House leadership a few days ago,
the media attention naturally focused on the bill's directive that the
commission make as its first order of business a study of the long, long list of
tax exemptions and report back by the beginning of next year. It's important to
note, however, that the commission's authority would be far broader and would
include the power "to review and evaluate tax legislation ... for the specific
effects the enactment of such legislation would have on the state's tax
structure." In truth such a commission should already be hard at work. The most
complicated tax legislation to be considered in decades is now before the
Legislature under the heading of property tax relief.
The Palmetto Institute, a nonprofit research and educational group, actually
proposed such a commission last fall in the wake of an extensive study on the
sources of state revenue and the danger of unintended consequences resulting
from changes in the tax structure. It's hard to imagine a greater potential for
that to happen than during the current session.
Bills under consideration include an increase in the state sales tax to
supplant portions of the property tax that would be accompanied by complicated
formulas for redistributing the funds back to local governments, along with
constitutional amendments that would change the basis of real property
assessment across the state. Lawmakers did give up trying to recommend changes
in the long list of politically hot tax exemptions, prompting the bill's
directive to the proposed new commission to make that a priority.
House Speaker Bobby Harrell is candid that he doesn't think the commission
can be appointed and in business in time to consider the current legislation.
Neither is he willing to put off property tax relief until it can make such an
analysis. He contends that the lawmakers have given the proposals months of
study and do understand the implications.
The problem, of course, is that property tax relief generally is a political
minefield and this is an election year. Legislators are feeling pressure from
property tax groups and there is by no means a consensus yet on the best course
of action. The state Chamber of Commerce already is warning about potential
problems with some of the proposals. There are predictions that once debate
actually begins, it will become increasingly clear that more study is needed,
particularly on formulas for returning the sales tax money to local governments.
A stalemate on property tax relief clearly would increase the importance of
the proposed new commission, which makes it doubly important that the membership
be chosen with great care. The citizens commission, which would replace a
legislatively dominated joint tax study committee, would be composed of 15
members, five appointed by the speaker of the House, five by the president of
the Senate, and five by the governor. Clearly the membership should be men and
women with great expertise in fiscal affairs and no obvious axes to grind.
No aspect of state government needs a more thoughtful approach or more
expertise than the state's fiscal underpinning, down to the local level of
government. Better to give the proposed study commission the priority of
analyzing the property tax relief measures now on the table than take a chance
that its biggest job next year will be looking for solutions to this year's bad
tax mistakes.