The Taxpayer Protection Amendment

It’s Time for Plan B


By: Joe Murray

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Madison, WI - Legislative Republicans are pushing for passage of constitutional spending and tax limits on state and local governments in Wisconsin. They’ve been struggling to pass these limits since they were first introduced in 1999.

This shouldn’t surprise anyone. Local government officials, school districts and the UW System are united in their opposition to the popular “Taxpayer Protection Amendment” (TPA), and the intensity of their opposition is unmistakable. Thus, the final disposition of this issue is very uncertain, at best. But with many of the original plans being too lengthy, too complex, and too controversial, we believe it’s time for an alternative. It’s time for Plan B.

Public Supports Limits

The concept of limiting government spending has broad and bipartisan support with the public. In a recent Wisconsin Homeowners Alliance poll conducted by Wood Communications Group of Madison, 64 percent of those surveyed said they would personally vote for a “constitutional amendment that limited state and local taxing and spending increases to the rate of inflation, but allowed some flexibility to accommodate growth resulting from development.”

Surprisingly, support for a constitutional amendment to cap government spending comes from self described political conservatives and liberals alike. The strong support stems from several factors including the weak overall economic outlook and, to a certain extent, the lack of public trust in government’s ability to deliver services in a cost-effective manner.

While the concept of limiting government taxing and spending is clearly popular with homeowners, one important reason several recent versions of the TPA have not generated support in the Legislature is that people are very uneasy about inserting extremely detailed and specific language regulating government spending in the state constitution. They simply do not believe a nine-page, 2,500-word fiscal document that could produce unforeseen consequences should be inserted into the constitution – which is what the original legislative drafts proposed. Moreover, there’s no guarantee the public would adopt an amendment that takes 10 minutes to read.

It’s Time for a Simpler Alternative

Alternative ideas floating around the Capitol in recent weeks propose adopting very general, but direct, language in the state constitution and then pass more specific implementing language in the statutes. This is the way many other states have implemented tax and/or spending limits.

Under this approach, the constitutional limits would apply only to spending at the state level and mandate that state spending or revenues go up no faster than the taxpayer’s ability to pay, as measured by personal income growth. Once the overall limits are set and tied to ability to pay, the Legislature would then enact statutory laws to prescribe exactly how spending at the state and/or local level would be limited.

Supporters of this approach say details should be left to statutes and not placed in the actual constitution. They argue that this approach will be easier for voters to understand and easier for the Legislature to amend if necessary in response to unforeseen future changes in our economy.

Opponents argue that this approach leaves too much uncertainty in the limits with no guarantees that meaningful limits will ever be enacted. These Republicans say if Jim Doyle is re-elected in November, this approach will surely fail because the Democratic governor will never agree with the Republican Legislature’s spending limits.

Political Considerations

If this approach is adopted by both the Senate and Assembly, the Legislature may finally be able to break the impasse over TPA and present voters with a viable and understandable plan to bring government spending in Wisconsin more in line with the taxpayers’ ability to pay. What are the political considerations to this approach?

  • With Democrats united against any long-term spending controls, Republicans must pass a plan without their help. The alternative approach could generate more support from nervous Republicans who are reluctant to vote for the more detailed and restrictive constitutional plan.
  • If Republicans enter the 2006 elections with a long-term plan to control taxes and spending at the state and/or local level, the GOP will have an alternative to the Democrats’ “Hope” plan, which would allow homeowners to exempt the first $60,000 of their home value from school property taxes. In 2004, Democrats offered no property tax plan to counter the GOP “freeze” proposal, thereby losing two seats.
  • Governor Doyle is opposed to the TPA and Congressman Mark Green, his GOP opponent, supports it. The alternative approach sets up a clear difference for voters in the November 2006 gubernatorial election. If voters re-elect Doyle, they can be assured there will be no support from him for the follow up statutory limits on spending. If they elect Green, they will see controls of taxes and spending in Wisconsin.

The WRA has long supported the concept of rational and reasonable constitutional limits on government spending and/or revenues. However, we oppose versions that limit revenues local governments can realize from new growth and real estate development. If this kind of an approach passes, it will act as a disincentive for growth. We believe growth should be encouraged, not discouraged. We believe it’s time for Plan B.

 

Published: 5/16/2006

 


 

May 2006 Issue