Legislators Are Ignoring 40 Years Of Failure

The Kansas City Star reports that a bill to create a land bank in Kansas City is one step closer to becoming law. If the bill passes, the land bank would have the power to incur unlimited debt, bid against private buyers at tax auction, and — most disturbingly — be able to say no to private buyers who want to buy vacant city property.

The legislation has out-of-state advocates. Dan Kildee, the head of a nonprofit that has advocated for land bank legislation in numerous states, is quoted in the Star extensively. Kildee told the Star that a land bank could acquire abandoned property in order to keep it out of the hands of private speculators. This statement ignores the fact that if a land bank is acquiring property because it thinks a better buyer will come along in the future, then the land bank itself will be acting as a speculator.

We have seen this model fail in Saint Louis. The Saint Louis land bank, also known as the Land Reutilization Authority, has existed for more than 40 years. In that time, it has amassed about 10,000 parcels of vacant land. My research showed that during the past eight years, the Saint Louis land bank rejected almost half of all formal offers to purchase its property. The most common reason for rejection was that the property was being “held for future development.” Sadly, the hoped-for development rarely materializes.

Instead of taking heed of the 40-year-old failure in our own state, legislators are willing to bet Kansas City’s future on glorified accounts of a land bank’s operations in Michigan. That land bank, the Genesee County Land Bank, has been trying to sell vacant property for less than a decade. When I have testified about the failure in Saint Louis, legislators and lobbyists quickly state that Saint Louis is “different” than Kansas City. Why, exactly, is the short-term record of a land bank that is more than 500 miles away more relevant than the long-term failure of a land bank in our own state?

Kudos to Missouri Senate for Blocking Health Exchange

Earlier this year, the Missouri Senate approved a measure blocking Missouri Gov. Jay Nixon’s ability to create a health insurance exchange — a key component of President Barack Obama’s health law — unless the legislature or voters approve it first.

Supporters of the exchange claim they will lose their chance to create a Missouri-centric mechanism to provide affordable health coverage to the uninsured. But Missouri lost that chance nearly two years ago, when the federal health bill was signed into law.

The theory of a state-run exchange, designed to navigate and subsidize the purchase of health insurance, is simply that — a theory. Rules that officials in Washington issued to implement the law say that every detail of Missouri’s exchange must have the approval of federal bureaucrats.

And because federal grants and subsidies will flow through state-based exchanges, Washington will always be able to control Missouri’s exchange through ongoing regulation. This “my house, my rules” scenario underscores the new parent-child dynamic occurring between Washington, D.C., and the states, and the Missouri Senate was right to reject the governor’s ability to implement an exchange.

But if Missouri does not set up its own exchange, won’t the federal government do it for the state? The law says yes, but in reality, it is unclear. The Department of Health and Human Services (HHS) is still grappling with recent findings that the law does not technically provide any money to set up a federal exchange, nor does it offer subsidies to people buying insurance in the federal exchange.

Even if the glitches get worked out, it is doubtful that a federal exchange will be up and running by the 2014 deadline. To date, HHS has only doled out $150 million in contracts to build a federal exchange — a system tasked with coordinating the eligibility, subsidies, premiums, and benefits for tens of millions of people who will be forced to purchase health insurance thanks to the individual mandate. That is a tall order.

Meanwhile, we do not know just how much a state-based exchange will actually cost Missouri. The federal government is awarding grants to set up state exchanges, but that money runs out in 2014. Oregon has imposed new taxes on health insurance premiums to fund its exchange once the federal money dries up, and other states are considering similar measures. Indeed, research from the Mercatus Center suggests that every dollar of temporary federal grants leads to 40 cents of state and local tax increases.

Besides, federal money is not free — everyone pays federal, state, and local taxes, and increased federal spending on exchanges means more out of taxpayers’ pockets. In December, the New Hampshire House announced that it will return $333,000 in federal exchange funds to “pay down our national debt, which is a far better use of these funds than building healthcare bureaucracies here.”

Missouri has time to figure out how, or if, it wants to set up a health insurance exchange. Nationally, only 17 states have acted to establish exchanges — and many of those states have made only nominal progress in setting them up. In response, the federal government has delayed implementation timelines, extended grant deadlines, and even offered a “hybrid” model through which states and the federal government can share in exchange governance.

A lot can happen in the next year, with the upcoming Supreme Court decision on the federal health law, the 2012 elections, and the still-unfinished exchange regulations from HHS. Kudos to the Missouri Senate for blocking Gov. Nixon’s rush to act.

Patrick Ishmael is a policy analyst at the Show-Me Institute, which promotes market solutions for Missouri public policy.

Christie Herrera is director of the Health and Human Services Task Force at the American Legislative Exchange Council, a nonpartisan association of conservative state lawmakers.

Three Strikes?

Major League Baseball’s Opening Day is approaching so let me start with a baseball analogy. In the Triple Crown of economic indicators (state Gross Domestic Product-GDP, state GDP per capita, and total employment), Missouri is nowhere close to being an All-Star. In fact, it is struggling to just stay in The Show.

In all three indicators, Missouri compares poorly to other states and the country. According to data from the Bureau of Economic Analysis (BEA) and the Bureau of Labor Statistics (BLS), Missouri under-performs when compared to the U.S. as a whole in all three categories. Missouri ranks 48th out of 50 states in state GDP growth, 45th in per-capita real GDP growth, and 45th in total employment growth. In fact, when one compares Missouri with the three best and three worst performing states for each indicator, Missouri’s performance nearly mirrors that of the bottom three states (and in the case of state GDP, Missouri IS one of the bottom three performing states). Missouri’s troubles also cannot be blamed on the most recent economic troubles. Over a period spanning from1997 to 2010, Missouri consistently under-performed the national average and was close to the bottom in all three indicators.

Considering how Missouri is ranked relative to the rest of the country, the question should be asked, “How about a new line-up?” The Show-Me Institute has conducted research on ways Missouri can improve its economic standing. Given Missouri’s current situation, how much worse can the state do if it considers implementing some of these suggestions?

Hope Yet On TIF

A developer is proposing a new project in Florissant for a Walmart that will not involve a TIF or a CID. And they said it could not be done. This is very exciting, and it would be awesome to have a recent example of a major development like this in Saint Louis done without a tax subsidy. Remember, whether you subsidize retail or not, people are still going to want to buy stuff. (I want to cover myself and say that just because they will not go for a TIF, it does not automatically mean that there will not be another type of subsidy, such as a TDD. But, because TIF is the worst available here, this would still be a victory.)

It is absolutely NOT a coincidence that this development without TIF is being done in a pool sales tax city. Cities in the sales tax cities gain from development wherever it occurs. Because they share their sales tax collections with the pool – which is then redistributed back based on population – they have no incentive to kick out their own people and give away the store (pun intended) with tax subsidies. A point-of-sale city (which keeps the bulk of its own tax collections) would have given away their first-born mall as soon as the developer mentioned the idea in passing.

What Cannot Be Blighted?

Last month, half of Columbia was declared blighted. This produced concerns of impeding eminent domain, even leading to the creation of a citizen group, CiViC, composed of residents who rightly fear casual use of blight. Their fears are not without reason: we  have seen blighted properties seized before. Here are some great photos of ordinary homes from around the state declared blighted and taken.

Last week, the Columbia City Council attempted to assuage fears of eminent domain. An advisory board:

recommended an ordinance that would safeguard against the use of eminent domain as part of the program by preventing the EEZ-related blight designation from being used to meet blight requirements for other laws.

Unfortunately, the recommendation does not provide full protection for Columbia residents. Other definitions of blight are exactly the same as the one the board used to blight half the city. What is to stop the city from blighting areas using statutes that expressly permit eminent domain?

The real problem Columbia residents face is the unconstrained use of blight. As long as the definitions of blight remain so broad, any property can be blighted and seized (except farmland). No residential or commercial property is safe. The definition of blight must be reformed.

Good Deal, Bad Deal

In Saint Louis County, the TIF council recently rejected a TIF
proposal from an Ellisville Walmart, but now the City of Ellisville is
attempting to approve the subsidy proposal anyway.

As David Stokes
briefly mentions in this vlog, the sales tax status of Ellisville in Saint Louis County encourages this kind of tax-incentive competition.

Tax, Trolley and Folly: Kansas City Proposal Trundles Ahead Despite Opposition from Local Businesses

Last year I wrote about a proposal to build a new streetcar that would travel along Main Street in Kansas City. At the time, I was highly skeptical of the fiscal prudence of the plan. What has happened since then? Well, another city-subsidized transit line that serves many of the same areas that the trolley would serve has fallen behind on its loan payments due to lack of ridership. Furthermore, the businesses that the proposed train would serve do not want to get stuck with the bill for it.

A government project that will not make money and its presumed customers do not want to subsidize? Over to you, City Council.

Council members late Thursday unanimously approved three measures that establish a streetcar zone for two blocks on either side of Main Street {…}. The measures … also remove a requirement that private development within the zone provide off-street parking, a move aimed at encouraging use of the streetcar and other public transit.

The rezoning is considered a necessary step as the city races to meet a March 19 deadline to apply for as much as $25 million in federal grants to help pay for the estimated $100 million project.

In short, the city’s rushing the project through to get federal dollars, with the balance of the bill coming from new taxes. It is worth noting that the residents in the trolley district who would be voting on the proposed property and sales tax increases for the project will not necessarily be the ones paying the tax, because the business owners do not necessarily live where their businesses are located. That has some entrepreneurs pretty irked. Says one property owner, “My biggest concern is taxation without representation.”

“The people who vote on it live in the apartments and lofts,” Nicholson said. “The people who pay don’t have a say. I’ve always been a supporter of streetcars, but it’s a community asset, and having business owners pay for it is problematic.”

In any case, when the people who presumably stand to benefit from the trolley do not want to pay for it, should anybody be paying for it? And if the tax is implemented as planned, how will local businesses respond? It seems the city is out of sync with even its own projects and objectives; after all, why would the city plan to build a new hotel downtown — and then turn around and raise downtown hotel taxes to the second-highest in the country to fund the trolley? Wouldn’t these initiatives be working against each other, and even if they did not, isn’t one bad idea enough for the city to take on at one time?

The trolley did not make sense in September, and it still does not make sense.

“Norwood Hills CC: No Sweat and Plenty of Gain”

Two weeks ago I wrote about Norwood Hills Country Club in Saint Louis, which in 2006 was issued a $1.1 million Historic Preservation Tax Credit (HPTC) from the state of Missouri. Rarely do you see an extensive write-up about the “whys” and “hows” of an individual tax credit, but in July 2005, the industry publication Club & Resort Business wrote a long story about the renovations at Norwood Hills and how the club got the tax credits which helped pay for it. The article offered indispensable insight into the club’s internal tax credit discussions, with the apropos headline, reused above, “Norwood Hills CC: No Sweat and Plenty of Gain.” Notably (emphasis mine):

The two-and-a-half-year process of applying (to both state and federal agencies) was arduous and intensely bureaucratic . . . But in February of this year [2005], Norwood Hills was finally notified that it did indeed qualify to be included on the registry. And with the honor came a huge financial benefit: specifically, the ability to earn tax credits for 45 cents of every dollar spent on the renovation project.

How did the club get 45 cents on the dollar? The state HPTC offers 25 cents on the dollar for qualifying renovation expenses, but the federal version of the HPTC offers an additional 20 cents on the dollar for those expenses. At the Show-Me Institute, we talk a lot about state incentives because we are, after all, a state-focused think tank. However, taxpayers should understand that there oftentimes is more than just state money involved in renovation and building projects like this — so much government money, in fact, that nearly half of the cost of a multi-million dollar renovation to a private golf club could be underwritten with tax credits. Have taxpayers gotten their money’s worth? I report, you decide.

One other noteworthy tidbit from the article is that the original idea of making Norwood Hills a Historic Place came from a real estate developer — who apparently did not think Norwood Hills was that historic of a place (emphasis mine):

Another huge boost to the renovation project came after a Norwood Hills member who is a real estate developer suggested that the club, which hosted the 1948 PGA and has a long and rich connection with St. Louis-area social history, look into the possibility of applying for placement on the National Registry of Historic Places. Successfully securing that status, the developer member advised, would then qualify Norwood Hills, which operates as a for-profit corporation, for renovation tax credits.

“[The member] felt we could qualify not so much because of the club’s history or architecture, but because of the distinction of our members in the St. Louis community through the years,” Wright says.

If Norwood Hills as a place was not itself historic, what exactly was the Historic Preservation Tax Credit preserving? “History” is no doubt in the eyes of the beholder, but for taxpayers on the outside looking in at Norwood Hills, what they gained in this process is of considerable interest, sweat or no sweat.

Why On God’s Green Earth Can Cities Override The County TIF Commission?

I have been able to determine that the best and worst laws are in Missouri. This is the best law. But, what is the worst law? From the perspective of bad public policy, I think the law giving authority to cities to override a county TIF (tax increment financing) commission may be the worst law in the state (RSMo 99.825(2). Yesterday’s St. Louis Post-Dispatch has a long story about this issue (link via Combest).

Both the Saint Charles and Saint Louis County Executives have been leading the fight against TIF, to their great credit. They are dead right that TIF is nothing more than cities pursuing their interests at the expense of everything else, all while leading to the economically harmful scenario of developers chasing subsides.

Mayor Conrad Bowers of Bridgeton is totally wrong with this quote in defense of TIF:

“Cities have a legitimate right to do what they think is in the best interest of their community and it certainly was in our best interest to keep Walmart in the city of Bridgeton . . .”

What he is so wrong about is that by using TIF, the city is also making tax decisions that impact every other tax district in the area: school, fire, community college, zoo-museum, county, library, and more. If they were acting only with city money, that would be one thing. They are not. They are acting with everyone’s money, and in a manner that will increase Bridgeton’s sales tax collections while hurting the property tax base of all the other districts.

There is no more important policy change in Missouri than removing the ability of cities to override a county TIF commission’s rejection of a TIF proposal. For more on the Show-Me Institute’s work on TIF and the closely-related sales tax pool, check out these links.

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