Friday, December 6, 2013

Commission on State Taxation and Financing Publishes Minutes from December 2nd Meeting

MEETING MINUTES1

Meeting Date: December 2, 2013
Meeting Time: 9:00 A.M.
Meeting Place: State House, 200 W. Washington St., Senate Chambers
Meeting City: Indianapolis, Indiana

Meeting Number: 3

Members Present: Sen. Brandt Hershman, Chairperson; Sen. Edward Charbonneau; Sen. Timothy Skinner; Rep. Eric Turner; Rep. Greg Porter.

Members Absent: None.

Sen. Brandt Hershman called to order a joint meeting of the Commission on State Tax and Financing Policy (Commission) and the Indiana Advisory Commission on Intergovernmental Relations (IACIR) at 9:07 a.m..

Local Tax and Budget Issues

Rep. Michael Karickhoff, Chairperson, IACIR, and Mr. John Krauss, Director, IACIR, described the local government finance issues that the IACIR has been studying.

Mr. David Reynolds, Senior Fiscal Analyst, Indiana State Senate, presented the Report of the Local Tax Collection and Distribution Working Group, which analyzes the distribution of tax revenue to local governments (Exhibit A).

Mr. Andrew Berger, Association of Indiana Counties (AIC), noted the AIC's support for the working group's analysis and discussed various local option income tax issues.

Ms. Rhonda Cook, Indiana Association of Cities and Towns (IACT), addressed local option income tax distribution from the municipal perspective.

Mr. Bob Sigalow, Senior Fiscal Analyst, Legislative Services Agency, presented the following reports:

(1) 2013 Budget, Appropriations, Levies, and Tax Rates (Exhibit B).
(2) 2013 Budget, Appropriations, Levies, and Tax Rates Sorted by Advertised Levy over Certified Levy Percentage (Exhibit C).
(3) Publication of Local Government Budgets (Exhibit D).

Rep. Karickhoff noted that local units advertise proposed levies that are higher than the Department of Local Government Finance (DLGF) is likely to certify because the units fear being caught short if they ask for too little.

Mr. Micah Vincent, Commissioner, DLGF, agreed with Rep. Karickhoff's assessment of the situation and discussed the policy implications of changing the law that currently prevents the DLGF from approving a levy that is higher than the advertised levy. Mr. Vincent also proposed replacing the requirement that proposed levies and budgets be advertised in newspapers with online publication.
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Mr. Larry Hesson, IACIR and Hendricks County Council, stated that the counties would welcome the opportunity to replace newspaper publication with online publication.

Mr. Steve Key, Hoosier State Press Association, presented the Association's case for retaining the newspaper publication requirement (Exhibit E).

Mr. Bill Waltz, Indiana Chamber of Commerce, Mr. David Holt, Indiana Association of School Business Officials (IASBO), and Mr. Mike Shafer, IASBO, testified in favor of converting to online publication.

Mr. Holt and Mr. Shafer also requested more flexibility in the use of school funds.

Tax Increment Financing

Sen. Jim Smith described the following concerns about tax increment financing, particularly as used in Clark County:

(1) Increased usage.
(2) Increased burden on taxpayers and local governments.
(3) The life span of TIF districts.
(4) The reduced role of the fiscal body.

Ms. Kelly Khuri, Clark County Council, expressed her opposition to the use of tax increment financing and her concern that local governments are going to be unable to pay for basic services because of the property tax revenue lost to TIF districts.

Ms. Martina Webster, a Clark County resident, objected to government intervening in the economy through tax increment financing. Ms. Webster expressed her skepticism of claims that development would not occur "but for" the use of tax increment financing and that property values are increased in the proximity of a TIF district.

Mr. Jason Dudich, Controller, City of Indianapolis, described the role of tax increment financing in the economic development of Indianapolis and the ways in which the city attempts to mitigate the impact on other units of local government (Exhibit F).

Former State Representative Bill Crawford noted that he generally agrees with Mr. Dudich's positive assessment of the role of tax increment financing in Indianapolis.

However, he urged city leaders to implement the recommendations of the recent Marion County study of tax increment financing in writing, preferably in ordinance form, and to make the policies available and accessible to the public.

Ms. Cook described tax increment financing as a very important tool for cities and towns. Ms. Cook submitted the following reports:

(1) Tax Increment Finance: A Highlight of Successful TIF projects in the State of Indiana (Exhibit G).
(2) IACT Legislative Briefing Regarding Tax Increment (Exhibit H).

Mr. David Bottorff, Executive Director, AIC, noted that everyone can identify a successful TIF project and suggested that the economic development target company ultimately pays for improvements itself through the captured tax increment. Mr. Bottorff discussed a number of possible changes to the tax increment financing law.

Local Governments and Generally Accepted Accounting Principles (GAAP)

Mr. Walter Kelly, a Fishers resident, urged the state to implement financial reporting requirements for local government that are more GAAP compliant.

Mr. Paul Joyce, State Examiner, State Board of Accounts, cautioned the Commission that implementing a more GAAP compliant approach could be costly. He estimated that the annual costs to implement GAAP compliant reporting would range from $10,000 to $30,000 per unit. He also noted that doing so would result in more accountability and greater transparency.

Mr. Kent Williams, Indiana CPA Society, testified that the Society supports GAAP compliance on the grounds that financial reporting would be more transparent and comprehensive while allowing taxpayers to better compare units.

Mr. Berger expressed AIC's concerns about the cost of implementation.

Mr. Mike Galliher, Boyce Systems, described some of the challenges that a transition to GAAP reporting might pose with respect to time, software systems, and staff training.

Mr. Shafer noted that IASBO is not opposed to GAAP reporting, but suggested that schools could not implement it in a reasonable time and at a reasonable cost.

Sen. Hershman adjourned the meeting at approximately 2:20 p.m..