Serious TIF Reform May Be in the Cards in 2020, With A Tweak

As we’ve often noted, tax-increment financing (TIF) in Missouri drains millions of dollars from legitimate government uses every year, often benefiting developers by pushing off their tax burdens onto other taxpayers. It’s why we were happy to testify on Senate Bill 570—a TIF reform bill—when it came up for a hearing in January. As amended, the bill would tighten the definition of “blight,” limit the kind of TIF development that could happen in flood plains, and allow for school districts to opt out of having their tax revenues diverted to TIF projects. After passing out of committee, an amended version of the bill proceeded to pass out of the senate unanimously. Unfortunately, that unanimous result may have been due to the fact that several other sections of the bill were amended. These amendments work against the reform purposes of the original bill, including a cavalcade of TIF carveouts for certain cities.

But is there something for reformers to work with here? I think so.

The amended bill includes in the definition of blight certain impoverished census tracts in St. Louis, which forms the kernel of a good idea. Well-maintained parking lots in wealthy neighborhoods hardly meet a rational definition for “blight,” and yet, public officials regularly tumble through the usual legal gymnastics to provide taxpayer support for such projects. Instead, binding “blight” to some objective definition of local poverty would return the state’s TIF programs to their original purpose—aiding areas faced with intractable poverty and enormous barriers to development.

Herein lies the opportunity: Make “blight” contingent on two factors. The first factor would be based on the common definition of blight, including unsafe and unsanitary buildings. The second factor, however, would require the property to be in an impoverished census tract. A “blighted” parking lot in the Central West End doesn’t need a tax benefit to see redevelopment, but a blighted block in the poorest sections of North St. Louis very well might. If tax benefits are going to be meted out, they should be helping poor areas pull themselves up by their bootstraps, not helping wealthy areas polish their wingtips.

Whether SB 570 makes it into law is anyone’s guess; its rapid progress this early in the session would seem to bode well for it. But if TIF reform is going to pass this year, it really should include changes in where TIF support is legally proper. Fix “blight,” and you are taking an important step in the direction of fixing TIF. Hopefully, the political will exists to do that before the end of the legislative session.

 

 

The Benefits of User Fees

Show-Me Institute analysts have written for years about the benefits of funding a transportation system with user fees. User fees ensure that the people who use things are the people who pay for those things. But what about the specific benefits of the two most common user fees—gas taxes and tolling?

Watch our latest video to learn more: https://www.youtube.com/watch?v=lxCKSmuCAdo&feature=youtu.be

 

On Government Union Reforms, Present and Future

Although it (surprisingly) hasn’t made much news since, late last month a St. Louis County district court granted summary judgment to union plaintiffs who had filed suit to prevent enforcement of 2018’s House Bill 1413, which significantly reformed the way Missouri oversaw government unions in the state by adding additional reporting and transparency provisions to protect taxpayers and keep unions accountable. To put it plainly and without going into great detail, I disagree strongly with the court’s decision and hope that it doesn’t mark the end of this chapter in the story of reform.

But while the ruling is disappointing, it isn’t altogether unexpected, either. As I wrote in a paper on the subject of government union reform published earlier this year, “ongoing statutory tweaks and court interventions—driven by interests on both sides of the government–labor debate—seem likely to shape how, and whether, reforms are implemented for years to come.” Government unions weren’t going to give up their power easily even in the face of changes to the law, and it seemed reasonably clear after the lawsuit was filed that an adverse ruling was certainly on the table.

That doesn’t mean reform efforts will or should come to an end as litigation on such matters makes its way through the judicial system. In fact, there was plenty for the state still to do even before the Court’s decision on HB 1413, especially ensuring collective bargaining agreements are catalogued by state regulators, and we observed as much in the paper:

Whatever HB 1413’s eventual disposition, any oversight regime that cannot identify all the subjects of that oversight will fail to meaningfully execute its mission. Without effective oversight, the likelihood of patently illegal contract provisions rises. That’s bad for taxpayers and government workers, but it’s also bad for the rule of law.

Currently the legislature is hearing bills dealing with “paycheck protection” reforms, which we’ve talked about before and were part of HB 1413. But as the legislature takes stock of the government union landscape as it moves toward the completion of its legislative year in May, policymakers should also take a hard look at whether the state can effectively oversee any of the reforms that it’s contemplating and whether it has delegated sufficient power and resources to officials to ensure the will of the legislature is being carried out. Changing the law is fine, but a law that can’t be or isn’t enforced will be ignored.

Patrick Tuohey on KTRS

How much money should a municipality be allowed to make from fees and fines?

This morning, SMI’s Patrick Tuohey joined McGraw Milhaven on The Big 550 KTRS to discuss reports that the Missouri Attorney General is asking to be allowed to enforce portions of a 2015 law that Missouri courts initially set aside in 2016. The law at issue “set minimum standards for municipalities in St. Louis County and capped the amount of revenue they could raise in municipal court from traffic cases.” 

LISTEN: https://soundcloud.com/550ktrs/show-me-institute-reinstating-court-caps

 

A Tired Tale of Incentives

According to an article from the St. Louis Business Journal, the developers behind the Iron Hill complex (a 14-acre development with office, retail and multifamily components) are seeking more than $80 million in tax incentives. The proposed funding would come via a tax-increment financing (TIF) subsidy, a community improvement district (CID), and a transportation development district (TDD)—the trifecta of tax subsidies in Missouri.

This is a tired tale here in St. Louis; developers say they have a great idea and a great plan, and then turn to the government instead of the market to finance their idea. Government officials pick winners and losers by offering advantages to some and not others.

We can point fingers at the developers and say they should seek private investors, but they aren’t the only ones to blame. The various incentive and subsidy programs in St. Louis have created a situation where bargaining for handouts during the development process is the norm. You can’t blame developers for seeking the best deal they can get. It might be too much to ask developers not to reach for the millions of dollars offered to them; we need to get the government to stop offering!

In this particular case, there may actually be good news. Though the St. Louis City TIF Commission approved a motion for a public hearing for this project, there was some resistance from commissioners, and that’s what we need to see more of at the hearing. Good projects shouldn’t need to rely on handouts to be successful, and developers certainly shouldn’t assume taxpayer money will be gifted for private projects. Developers and government officials should allow projects to face market forces on equal footing to see which projects are truly demanded in the St. Louis market.

 

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