2018 Blueprint: Sentencing Reform

Posted on by Patrick Tuohey

THE PROBLEM: Prison costs in Missouri are rising, and the state’s crime and incarceration rates are higher than the national average. According to the National Institute of Corrections, “The crime rate in Missouri [2015] is about 18% higher than the national average rate.” Missouri imprisoned 530 people per 100,000 population in 2015—the eighth-highest incarceration rate in the nation. High crime and incarceration rates present a significant cost to taxpayers, and imprisoning minors is especially expensive. Recent federal law requires that prisons adopt important—and expensive—protections for minors, among them providing educational resources and separating them from the adult population.

THE SOLUTION: Relax harsh and automatic sentencing laws that drive up costs without increasing public safety.

Courts should have the flexibility to sentence nonviolent offenders to treatment programs or probationary periods prior to locking them up—while still retaining the ability to treat violent or habitual offenders appropriately.

The Raise the Age movement advocates for 17-year-olds to be prosecuted in the juvenile court system unless certified as adults due to the nature or severity of their crimes. Raise the Age would mitigate much of the need to retrofit adult prisons to protect minors, and would offer minors educational and rehabilitative services.

WHO ELSE DOES IT? Currently, 45 states do not presume that 17-year olds should be tried as adults. Nine of these states have passed Raise the Age laws since 2007.

THE OPPORTUNITY: In addition to the cost savings from having to house fewer inmates or not having to retrofit adult institutions for minors, there is the potential for a substantial benefit in human capital if nonviolent and drug offenders are sentenced to treatment or probation instead of being warehoused in state institutions with few opportunities for self-improvement.

KEY POINTS

  • Passing Raise the Age would not prevent judges from prosecuting 17-year-olds as adults if they were repeat offenders or if their crimes were especially serious.
  • Other states have cut incarceration rates responsibly, reducing costs and increasing public safety.

SHOW-ME INSTITUTE RESOURCES

Blog Post: “Criminal Justice Reform: Addressing the Costs of Incarceration”

Blog Post: “Criminal Justice Reform: Raising the Age”

Blog Post: “Criminal Justice Reform: Mandatory Minimums”

 

For a printable version of this article, click on the link below. You can also view the entire 2018 Missouri Blueprint online.

2018 Blueprint: Special Taxing Districts

Posted on by Patrick Tuohey

Special taxing districts are political subdivisions formed to fund specific services and improvements such as fire protection and infrastructure. In practice, however, they often allow narrow special interests to tax the public for their own private gain while allowing little or no public input or oversight. Learn more about reforming special taxing districts: https://showmeinstitute.org/blog/subsidies/2018-blueprint-special-taxing-districts

Hair Braiders Suffer Setback in Court

Posted on by Philip Oehlerking

Bad policies affect real people. Here in Missouri, African-style hair braiders Ndioba Niang and Tameka Stigers are fighting nonsensical regulations that keep them from earning a living. Unfortunately, they were dealt a blow when the United States 8th Circuit Court of Appeals found that the Missouri licensing requirements are not discriminatory and do not violate their rights. You can read the judge’s decision here.

In the past, we have written and talked many times about the excessive regulations that require practitioners of African-style hair braiding to go to a cosmetology school and undergo 1,500 hours of expensive education—almost none of which is related to their distinctive techniques—to get a license. However, because the state has an interest in public health and safety, the court found “the fit between the licensing requirement and the State’s interest is imperfect, but not unconstitutionally so.” In other words, these generalized regulations apply to all hair-care professionals and are not aimed specifically at the hair braiders; therefore, the regulation is not discriminatory. The hair braiders argue that their trade is distinctive and should not be lumped in with barber or cosmetology regulations. However, the court determined that African-style hair braiding “rationally” falls squarely within the Missouri’s definition of cosmetology (RSMO 3.29.010). So where do we go from here?

This issue could be put to rest by commonsense licensing reform. Missouri could simply exempt hair braiding from licensing or impose more narrowly drawn qualifications. Past efforts at reform have failed. Is this a case where special interests are just protecting their turf? 

Ndioba, Tameka, and other African-style hair braiders want to practice a profession for which they’re qualified and offer a service to customers. Why doesn’t government get out of their way?

The Show-Me State Charts a Course of Independence

Posted on by Patrick Tuohey

When it comes to state-level policy, research suggests that Missouri respects the rights and responsibilities of the individual. That is according to a new publication from the Mercatus Center at George Mason University which ranks Missouri 45th in its degree of political paternalism.

The authors describe the will to paternalism as

the belief that if left to their own accord, individuals have biases or tendencies that may lead them to make bad decisions in the absence of a governmental “nudge.”

The manifestations of these policies are familiar to all of us—sin taxes such as those on alcohol or tobacco, subsidies for recycling, and mandates on automobile/health insurance or retirement savings are a few examples. While well intended, these policies substitute government bureaucrat decision-making for individual decision-making in an effort to protect us from ourselves. (A reasonable person may ask why the “individual biases and tendencies” of a state employee are superior to the “individual biases and tendencies” of anyone else.)

To arrive at their conclusions, authors Russell S. Sobel and Joshua C. Hall awarded scores to states for a variety of policies, including:

  • Their reliance on selective sales taxes such as those placed on unhealthy foods and products.
  • Their propensity for subsidizing good behavior such as recycling or using energy efficient appliances.
  • Use of miscellaneous bans and regulations such as plastic bag bans, fireworks bans, or motorcycle helmet requirements.

When all states scores were tabulated, Missouri came out 6th least paternalist. That is good news. Kansas came out 4th and Illinois 44th. Perhaps not surprisingly, New York ranked the most paternalistic state and Wyoming the least.

This is not to say that the policies examined in the study are necessarily bad or undesirable, or that there aren’t other state regulations that significantly hamper innovation or create unnecessary burdens on business. Nor does it conclude anything about state spending. But Missouri’s rank suggests that relative to other states, Jefferson City is not inserting its own values into individual consumers’ transactions.

Lower Taxes, not Streetcars, Drive Development

Posted on by Patrick Tuohey

In a piece last month from KCUR titled Planned Streetcar Extension Spurs Redevelopment Of Midtown Kansas City Hotel, the author asserts that the streetcar drives development. The facts do not support the title or the lede.

The piece begins with the following claim:

The 11-story former Netherlands Hotel is slated to be redeveloped into 110 apartments, part of a Main Street development surge linked to the planned streetcar extension.

Linked? What does that mean? The article repeatedly asserts a causal link to the streetcar, even quoting Tom Gerend of the Kansas City Streetcar Authority as saying “the streetcar is an attractive catalyst for continued investment along the corridor.” Are developers buying up buildings along the streetcar route, investing their own money and contributing to the city and county tax rolls all because of the taxpayer funded streetcar? If so, that would be news!

It would be newsworthy because economic literature in the United States and around the world shows that it cannot be concluded that streetcars drive economic development. What actually happens here and elsewhere is that cities provide all sorts of taxpayer-funded subsidies along the route. What appears to be new economic activity is just redirected tax money.

In fact, the KCUR piece makes this very point:

Buland says Exact Partners already have purchased the six-story Monarch and expect to complete the purchase of the Netherlands this week.

The developer is seeking a 10-year, 75 percent property tax abatement from the city, and already has lined up historic tax credits to help finance the Netherland renovation.

While the developers may like the streetcar, how likely is it that they would be working on these buildings if there was no city tax abatement or state tax credit? In another story about the project in The Kansas City Business Journal, Buland says, “We look for challenging properties in that area that no one else wants to redevelop.” So much for a streetcar alone creating a clamor among developers!

The streetcar did not spur any redevelopment. The development at hand is due to lowered taxes. In short, Kansas City raised taxes to pay for the streetcar and then lowered taxes to spur development along the route. Imagine what would happen if we scrapped the streetcar and lowered taxes for everyone!

Taxing District Reform Testimony

Posted on by Patrick Tuohey

On Wednesday afternoon, the Show-Me Institute submitted testimony in support of HB 1234, which would reform how transportation development districts, or TDDs, are formed. Specifically, it requires that elections for TDD directors be conducted by the local election board, as opposed to being conducted via mail-in ballots overseen by the courts.

In this last streetcar election in Kansas City, residents who lived within the boundaries of the TDD were required to follow these steps in order to have their vote counted:

  • Obtain and complete the official ballot request form
  • Obtain proof of voter registration;
  • Return the ballot request and the proof of voter registration by May 23 at 5:00 p.m.

When the ballot itself was received,

  • The ballot had to be completed and placed inside a white envelope;
  • That white envelope had to be placed inside a blue envelope; and signed in the presence of a notary;
  • That blue envelope had to be received by the Court by 5:00 pm on August 1.

To put things in perspective, civil rights groups sued the state of Missouri simply for requiring photo identification to vote. But when the law required voters to request ballots, provide proof of registration and seek out a notary, those same groups were silent.

At least one Kansas City voter tried to play by these Byzantine rules and had his ballot discarded. According to KSHB, John Toms mailed in his ballot 5 days in advance only to have the court claim it wasn’t received on time. There was no USPS post-mark on the rejected envelope.

Multiply these burdens to voters by the 230 TDDs in Missouri that together collect an annual average of $50 million in sales taxes alone and it is clear that this is something that needs more stringent taxpayer oversight. HB 1234 is a move in the right direction.

Click below to read the entire testimony

Arise and Shine, Missouri lawmakers: You Have Nothing to Lose but a Long History of Bad Performance.

Posted on by Andrew B. Wilson

What’s wrong with you, Missouri lawmakers? Why so weak and feckless?

This is your conscience calling. I speak to all of you who call yourselves conservatives – the champions of limited government and economic freedom. Another year has come and gone and what do you have to show for it? “Too damned little,” I say, given super-majorities in both houses of the Legislature and control of the executive branch as well.

Look at what has just happened in the U.S. Congress. With far narrower majorities than you have in the Missouri Legislature, your counterparts on the national stage passed the most important pro-growth tax policy in many years – cutting the corporate income tax to 21 from 35 percent while also allowing businesses to write off the full costs of new equipment to improve operations and enhance productivity. In addition, under the new legislation, middle-income taxpayers will pay about $900 less in their 2018 tax bill than they would under the current law, according to the Tax Policy Center.

Though I may sound critical, I really do want you to succeed – for nothing is gained if you continue to ignore the chastisements of your often-troubled but ever-hopeful conscience. Here are my New Year’s Resolutions for you going into the 2018 session of the Missouri Legislature –

One, don’t be afraid to think big and act boldly. For almost three decades, Missouri has been one of the slowest-growing states in the nation. That alone should tell you that a major course correction is in order – and long overdue.

Two, say “No” to corporate welfare. Slaughter the fatted calves of tax credits for economic development (eliminating as much as $400 million in annual state expenditures).

Three, use those savings to lower taxes for all Missourians – both individuals and businesses.

Four, deregulate, deregulate, deregulate. Nationally, the undoing of many of the regulatory excesses from the Obama administration helped to power 3-percent-plus GDP growth in the second and third quarters. Further deregulation at the state and local government levels in Missouri can have a similarly beneficial effect. The governor’s No MO Red Tape initiative looks like a big step in the right direction.

Five, and this is a plea that is meant not just for lawmakers, but for who believe in the power of free markets: Do not shirk debate and, still more, do not shrink from the important task of ridding young people of the pernicious idea (widely accepted at colleges and universities in Missouri and across the country) that free-market capitalism is an evil system that promotes social injustice.

Nothing could be further from the truth. Free-market capitalism under limited (as opposed to wide-ranging) government is the only economic system that spreads opportunity far and wide and that reliably delivers both growth and prosperity to the many and not just the few.

To you lawmakers, I say, in closing: Good luck on ringing in the New Year with the strength and conviction that come from knowing that you are capable of achieving great things.

 

This op-ed also appeared in th Joplin Globe.

What Kansas City Millennials Want

Posted on by Patrick Tuohey

KCUR published a piece on a recent study of what millennials in Kansas City actually want by way of housing amenities. Much of the conventional wisdom on these demands, the piece noted, is generated from coastal cities with much higher population density and may not apply here.  According to the piece,

[Highline Partners representative Brett] Posten says conventional wisdom says millennials want to live in lofts downtown, but most of the [Kansas City] millennials that Highline talked to said they eventually planned to move to the suburbs, just like their parents did. While they enjoyed touring pristine fitness centers with steaming saunas and heated pools, Posten says, millennials put a higher value on open floor plans, in-unit washers and dryers and secure, covered parking.

That’s because Kansas City millennials aren’t actually ditching their cars. Though many said they’d like public transportation to be more reliable, less than 5 percent are car-free.

This is welcome research and should be instructive to city leaders who lard development subsidies on high rise projects and downtown streetcars thinking they are building for the future. They aren’t.  In fact, the rush to develop in Kansas City may be based on research conducted elsewhere. The Kansas City Star quoted Posten as saying,

We think developers are making decisions based on reading about millennials in the national press. The demographic in Kansas City is distinctly different.

Therein lies the problem of economic development in Kansas City: trying too hard to be like other cities and often joining the race too late. Convention hotels, luxury high rises, airport terminals and streetcars are little more than municipal me-tooism, rather than reflecting on Kansas City’s own unique competitive advantages.

Instead of trying to predict future market demands and subsidizing them—in the same way every other city has done before us—Kansas City leaders should focus on delivering basic services effectively and efficiently.

An Emerging Policy Frontier: Workforce Development

Posted on by Patrick Ishmael

One of the hottest topics of 2018 will be the reform of the state’s prevailing wage laws, and because of that, it’s likely that the construction industry as a whole will get a bit more attention from lawmakers this year. The prevailing wage (basically, a “minimum wage” for public construction projects) does not distinguish between union and non-union labor, so the prevailing wage’s requirement that governments pay above-market rates for construction work is, understandably, attractive to most folks in the construction industry—and unattractive to the taxpayers that have to overpay for the work. Put simply, repeal of the prevailing wage would be a policy advancement for the state.

But repeal of the state’s prevailing wage law won’t put Missouri’s tradespeople on the fast track to pauperdom. Indeed, in true supply-and-demand fashion, a shortage of skilled laborers in the construction industry is already driving up salaries there.

“I think that all craft professionals are in the mid-to-upper five-figures, and once you add in per diem and bonuses and incentives, it is not uncommon that we have workers making six-figures,” [Steve Green, vice president of the National Center for Construction Education & Research] said, adding that often accounts “for a lot of overtime.”

With a slew of good paying available jobs, why is the labor shortage so pronounced?

“Construction is not a sexy profession: we don’t attract the younger workers like other professions do,” NCCER president Don Whyte said, adding that his organization is trying to change public perceptions to show that through construction, families can earn a robust middle-class living.

There are a lot of layers to this policy onion. Americans have long placed a premium on a college education, viewing it as a proxy for eventual prosperity while, in important respects, stigmatizing professions where a formal education isn’t required. Certainly college-educated individuals, on average, make more than those who don’t have a college degree, but the rising cost of that education and changing contours of the modern economy have taken a toll on the economic slam-dunk that college once was. Complicating matters further is that as government has subsidized college educations, it has produced more college graduates who otherwise wouldn’t have chosen college — and who instead might have become skilled tradespeople, creating a workforce gap in an industry which, literally, builds our country.

That’s a long way of saying that Missouri probably needs to reassess the way it looks at its workforce policies. The state spends hundreds of millions of dollars every year providing Missourians the opportunity for a college education, but is focusing on college-educated professions a silver bullet for a balanced economic future? Probably not. And that’s why recent efforts to promote apprenticeship programs in the state are not only welcome, but necessary to the economic future of Missouri.

To be sure, the best way to advance that goal will require robust debate, but it’s long past time that the state looked at its workforce portfolio and recognized that a college education leading to gainful employment is good for the state—but so too is a debtless apprenticeship in an industry that will pay handsomely for those services. I hope this important workforce issue gets the attention it deserves this session.

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