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January 20, 2004 e-newsletter

Reform Must Go Beyond Spending Caps

Sponsors Play Russian Roulette On TABOR Effects

'But This Tax Exemption is Worthwhile...'

Anti-Smart Growth Campaign Expands South

News Briefs Upcoming Events

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Alliance Message to WMC:
Reform Must Be Greater Than Proposed

By Rich Eggleston

Do state and local officials like to sting taxpayers like scorpions, or do local leaders thirst for real reform more than sponsors of proposals to cap spending at the state and local level?

Those were  major questions that emerged before hundreds of  business people at the Wisconsin Manufacturers & Commerce "Business Day in Madison" as the debate continued over AJR 55, a constitutional amendment that has been dubbed the Taxpayers Bill of Rights, or TABOR.

Charlie Sykes. the talk-show host from WTMJ-AM, Milwaukee,  started off the panel discussion on TABOR by telling a story of a scorpion that persuades a reluctant frog to give him a ride across a river, but stings him half way across.

“Now we’ll both drown,” the frog cried. “You promised you wouldn’t sting me. Why did you sting me?”

“It’s in my nature,” the scorpion replied.

Politicians are like scorpions: they can’t help themselves, and they need AJR 55 to keep them from following their natural inclination to spend ever more money, Sykes was suggesting.

Michael Butera, executive director of the Wisconsin Education Association Council, replied that AJR 55 is a slick-sounding “pre-election gimmick” born more of a distrust of democracy than a fear of spiders.

When the colonists rebelled against the British and threw the Boston Tea Party around the rallying cry, “No taxation without representation,” they weren’t rallying against taxation, but for representation, he said.

John Fund, who writes a political diary for opinionjournal.com, said asking state legislators to control spending is like asking chickens to deliver themselves to Col. Sanders.

When Ed Huck objected to government bashing by Fund and Sykes, Sykes declaimed that none had occurred.

TABOR Effects Here
Haven't Been Studied

Sponsors of AJR 55 have taken a 2,900-word constitutional amendment that was adopted in Colorado in 1992 and drafted it almost word for word into a proposed constitutional amendment introduced in the Wisconsin Legislature.

Apparently, they did so without any study of how TABOR in Wisconsin would operate compared with TABOR in Colorado.

TABOR is one of four constitutional amendments in Colorado that affect state and local taxes. Why just pick TABOR?

Homeowners in Wisconsin might be interested in one that limits residential property taxes there to 45% of Colorado's total property tax burden. Here the figure is 70%, because the Legislature has shifted tax burden to homeowners over the years.

Among other differences in the tax systems of the two states:

  • municipalities in Colorado get almost none of their revenue from the state, with the exception of 18% of state gas tax revenue.

  • In Wisconsin, in 2001, about 22% of city revenues came from state aids — primarily state shared revenue and transportation aids. The figure is about 15% for villages and 31% for towns.

  • About 73% of municipal revenue in Colorado is generated by local sales taxes.

  • In Wisconsin, 1.3% of total local revenue is generated by a county sales tax in some counties.

ed104.jpg (50512 bytes)
Ed Huck makes point at "Business Day"

Huck, executive director of the Wisconsin Alliance of Cities, said the goal of AJR 55 is a laudable one, to make the appetite of government match taxpayers' ability to pay.

But he said local government needs the same protection from the Legislature as AJR 55 extends to taxpayers.

Butera said putting government spending under referendum control would increase economic disparities — cities and rural areas will need help, and suburbs won’t want to foot the bill.

Huck said TABOR should be redrafted to revitalize the economy, reform government, reduce the cost of government and reduce property taxes. But the
Legislature isn’t likely to embrace that much reform, he said.

Huck suggested a constitutional convention  — something Alliance members endorsed in La Crosse in September, 2002.

“We want real reform,” Huck said. Fund greeted the constitutional convention idea with derision.

“How can you say people should have a say on taxes, but not on their form of government? What kind of hypocrisy  is that?” Huck replied. “When are we going to take on the  tough questions?”

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Columbus Park v. Kenosha
Agency Seeks to Overturn Supreme Court Decision

The Wisconsin Housing and Economic Development Authority intends to draft legislation that alters a state law requiring that to qualify for a tax exemption, a piece of rental property must be rented to an entity that qualifies for a tax exemption in its own right.

The action is in response to Columbus Park Housing Corporation v. City of Kenosha, 2002 WI App 310, 259 Wis. 2d 316, 655 N.W.2d 495, http://www.courts.state.wi.us/html/sc/02/02-0699.htm.

Columbus Park rehabilitates housing and rents to low-income tenants and receives federal subsidies through the Kenosha Housing Authority. (the Authority), which bring the rents to reasonable market rates. While it may qualify for a property tax exemption, its tenants don't, the Supreme Court ruled, basing its decision strictly on the meaning of the words in the statute.

Chief Justice Shirley Abrahamson dissented, calling the ruling "more strict than reasonable."

As a result, Kenosha and similarly situated municipalities have the right to seek back taxes for two years prior to the current tax year (2004) from groups like Columbus Park.

Advocates for low-income housing went to the Doyle administration seeking a legislative remedy. We've had a series of meetings with WHEDA, which is trying to find compromise language. But local leaders who have provided us with input so far are leery of the changes the agency has proposed. For the proposal from WHEDA, go here; for Ed's memo to members go here.

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Smart Growth v. Dumb Growth
There's a Campaign Against Comprehensive Planning...

...and it's spreading to southeastern Wisconsin.

In Cedarburg, officials fear they could become "subservient" to Ozaukee County on planning decisions, and are seriously considering  dropping out of county-led Smart Growth planning, the Milwaukee Journal Sentinel reported Jan. 12.

There, "the question is who has the final authority to make decisions about each city's own plan," said Mequon Mayor Christine Neurenberg.

On Dec. 3, the town board in the town of Alban in Portage County voted to pull out of countywide comprehensive planning, echoing earlier actions by the towns of Sharon and Linwood, and villages of Almond and Rosholt, the Stevens Point Journal reported.

The drop-outs want  to keep their identity and maintain local control over planning and zoning, town officials told the media. Portage County Planning and Zoning Director Charles Kell says Smart Growth planning is all about local control.

"That's why this system was built from the ground up to begin with," Kell said.

Portage County received a $514,000 state grant in 2001 to draft a countywide comprehensive plan. It stands to lose some of that because of the drop-outs, as well as some ability to do truly smart Smart Growth planning.

Land-use issues often transcend political boundaries, and collaboration in planning   can help deal with complex issues that affect several communities, a county or an entire region, according to Tom Larson of the Wisconsin Realtors Association. The law requires each local government involved in a multi-jurisdictional plan to adopt the plan separately, so there's no real surrender of control..

Steve Born
Steve Born

"Planning is inevitably a political process," says Steve Born of the Department of Urban and Regional Planning at UW-Madison.

And intergovernmental cooperation is one of the toughest nuts to crack in smart growth planning, in Born’s judgment. But the comprehensive planning process moves us toward cooperation, of which almost everyone says we need more.

Ways to counter the critics and make comprehensive planning something that all citizens can buy into, Born says, are:

  • involve citizens more in the process.
  • plan on a 50-year horizon.
  • convince people that planning will make a difference.

In tight budget times, Born adds, there’s always the possibility that planning will be seen as a luxury — but it’s really nothing more than what government should be doing all the time: informed decision-making in managing change, and dealing with conflicts that arise in a sensible, democratic fashion.

See the story about fear in Cedarburg here.

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in the news...

Five members of Madison's Common Council are proposing to ban smoking in the city's bars, bowling alleys, restaurants and other public places on Jan. 2, 2005. The proposal could be scheduled for a debate and vote as soon as March 16, the Wisconsin State Journal reports.

. "People want it," Ald. Matt Sloan said of the ban. Story here.

Conor Williams says Wisconsin’s correctional system not only punishes criminals, it punishes taxpayers. While Wisconsin and Minnesota are similar states with similar populations, Wisconsin has nearly triple the number of people in prison, Williams, a member of the Milwaukee-area faith-based group WISDOM, said during a visit to Oshkosh.  Minnesota will spend $358 million for its prisons this year and Wisconsin will spend more than $1 billion. By  coincidence, economist Kevin McGee of UW-Oshkosh has studied prison spending. McGee found that while spending on corrections nationally grew 79.6% between 1991-92 and 1999-2000, in Wisconsin correctional spending grew 158.3%. This spending spree cost Wisconsin taxpayers $227 million, McGee calculated. Williams said concentrating on treating people with substance abuse problems rather than locking them up would save the state money and deal with crime more effectively. Oshkosh Northwestern story here.

A survey ranks La Crosse as one of the top 10 least-stressful small cities in the country, but Kenosha made the top-10 most-stressful list, the Eau Claire Leader-Telegram reports.Metro areas were rated on nine factors:  divorce rate, unemployment, commute time, violent crime, suicide rate, alcohol consumption, property crime, mental health and cloudy days.  Eau Claire ranked 82nd of 117. Wausau finished at 94th, while La Crosse won a 110th spot.  Kenosha ranked the ninth-most stressed, followed closely by Racine at 13th, according to Sperling's Best Places web site: http://www.bestplaces.net. Madison scored high among laid-back medium-sized metropolitan areas, and Milwaukee-Waukesha was in the middle of the stressfulness pack — 46th — among the 100 largest metropolitan areas. Eau Claire story here (registration required).

Introduced at the urging of the telecommunications industry, a bill before the Legislature could impede the ability of Kaukauna to capitalize on 12 miles of fiber optic cable it installed within the past year in a joint project with the school district and Kaukauna Utilities, the Appleton Post Crescent reported. “There are no plans now, but it gives the utility an option for future services to its customers,” Mayor John Lambie told the newspaper. Story here.

The silence was deafening when Iowa Gov. Tom Vilsack called for more than $250 million in additional tax revenue  --   a 60-cent-per-pack increase in the state cigarette tax and extending the state sales tax to accounting, consulting and other services -- the Quad City Times reports. Vilsack, a second-term Democrat, wants the money  for schools, health-care and local governments. Story here.

But more than half of Illinois voters say they would support an income tax hike to increase education funding, a Copley News Service poll showed. And three in five voters said primary and secondary education is underfunded in Illinois, the Springfield State Journal-Register reported. Story here

City Clerk Pat Lohse ruled that Sheboygan Citizens Action Group came up short in its petition for an ordinance change requiring voter approval of municipal projects of $1 million or more. The group submitted 2,520 signatures to the city, but Lohse ruled only 2,241 were valid, 165 short of what was needed, the Sheboygan Press reported.. If the signatures had been sufficient, the Common Council's choice would be to adopt the proposed ordinance or submit it to voters. Story here.

In Oregon, voters rejected an income tax increase a year ago, and schools closed early, poor people lost prescription drug coverage and criminals went unprosecuted. Story here. Lawmakers responded by calculating a minimum service level the state should provide, looked at what recession-hammered tax revenue their state can expect, and cobbled together an $800 million package of temporary and permanent tax increases to make up the difference.  On Feb. 3, Oregonians will vote on the package   passed last August, and so-called tax reform advocates nationally are zeroing in on Oregon to make sure voters reject the package. See the AP story here.  State Republican Party Chairman Kevin Mannix's response? A plan similar toTABOR in Colorado. Story here.

Speaking of TABOR, the League of Women Voters of Colorado last month called for the repeal of TABOR on grounds it "severely restricts the ability of our elected officials to respond to the funding needs of our state. It ties their hands and prevents creative and sound responses to economic conditions." The League said it is against partial fixes to the amendment, the Denver Business Journal reported. Story here (registration required.)

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Upcoming Events   




(click on underlined text for more)
Feb. 12-13 Governor's Conf. on Economic Dvlp. Madison
Feb. 13 Deadline for Brownfields grant applications statewide
Feb. 17 Spring primary, presidential primary statewide
Feb. 24-25 Trans. Dvlp. Assn. Fly-In Washington, D.C.
Feb. 27 Green Bay's 150th birthday mouth of the Fox River
March 11-12 Alliance Meetings Madison
March 19 MASPA conference on state/local budgets Oshkosh
April 6 Spring general election statewide
May 19-21 Governor's   Conference: Grow Wisconsin Milwaukee
July 29-30 Alliance Meetings Marinette
Sept. 26-28 Wis. Counties Assn. annual meeting Milwaukee

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THE WISCONSIN ALLIANCE OF CITIES
14 West Mifflin Street Suite 206
Madison, Wisconsin 53703
(608) 257-5881