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Alliance for Oklahoma's Future

TABOR not a fit for Oklahoma, economists say

Marie Price, The Journal Record

March 31, 2006

OKLAHOMA CITY -– Oklahoma already has government spending-limitation provisions tailored to its needs and doesn't need a Taxpayer Bill of Rights, a University of Central Oklahoma economist said Thursday.

Another UCO professor said he has no problem with the philosophy of restricting spending, but opposes the TABOR formula.

Economists Don Maxwell and Mickey Hepner spoke at a forum held in conjunction with UCO's annual Southwest Business Symposium. Hepner is also director of the UCO Policy Institute.

A TABOR proposal, similar to the original Colorado law, is pending before the Oklahoma Supreme Court. It would require a vote of the people to become law.

The measure would limit growth in government spending to the combined growth rates of inflation and population. It uses the Consumer Price Index to gauge inflation. A part of any savings under the law would be returned to taxpayers as rebates.

Colorado's spending cap was recently suspended for the next five years to allow the state budget to recover from the recent recession. At the end of the five years, lawmakers will recalculate Colorado's spending limit. Voters also did away with the socalled "ratchet effect," which kept spending down to the point that Colorado's budget could not recover, even as state revenues started to rebound from the recent recession.

Colorado residents have not received any rebates since 2001.

The proposed Oklahoma TABOR would cap spending at the greater of the spending limit for the prior year or total spending in the previous year increased by inflation plus population growth.

Hepner said the Oklahoma TABOR proposal would affect only state revenues, not local or federal dollars or fees such as tuition.

Maxwell said it would do away with the current balanced budget amendment and rainy day fund, creating an emergency fund and a budget stabilization fund. He said it would require voter approval to raise the spending cap, one year at a time.

Hepner said that, unlike Congress, Oklahoma lawmakers cannot deficit spend, but must balance the state budget.

"The balanced budget requirement forces them to make a choice," he said.

Maxwell said this law has worked well as a restriction, while allowing for some growth.

He also highlighted recent measures tightening the procedure for tapping the rainy day fund and the existing 12-percent limitation on spending growth in Oklahoma law.

Oklahoma also has a constitutional provision requiring that tax increases not achieving a three-fourths majority in both legislative houses be put to a vote of the people.

Hepner and Maxwell agreed that the CPI, which uses a particular basket of urban consumer goods as an inflation measure, is not a proper gauge for increases in the cost of services government buys, such as transportation, corrections, education and the like.

From 1992 to 2002, Hepner said, Oklahoma government grew faster than the national average, ranking about the 10th or 12th fastest among the states.

Had TABOR been in effect, he said, that growth would have ranked about 49th.

Hepner said a better gauge would be growth in personal income.

From 1992 to 2002, he said, personal income in Oklahoma grew about 61 percent, with tax revenues following closely behind at 60.75 percent.

Maxwell said 25 or 30 states have some type of spending limit, but most are based upon personal income.

He said there is an index known as the implicit price-deflator for state and local consumption and investment expenditures that measures government costs, but it is not state-specific.

Maxwell expressed doubt that a TABOR law would be flexible enough to allow the state budget to reflect a predicted spike in the state's aging population and the increased use of many state services, including Medicaid, that will mean.

Maxwell also said that the Oklahoma TABOR may not properly provide for economic downturns. If the emergency fund has not built up to an adequate level, he said, that would prevent lawmakers from addressing key needs.

He also pointed out that only 35 percent of the budget stabilization fund could be tapped at any one time.

Maxwell said policy-makers also need to decide whether they think the current spending level, which would set the initial TABOR level, is where it should be.

Maxwell said a better approach would be to look at needs on a program-by-program basis, which is not generally the case now.

Proposals like TABOR reflect a distrust of representative democracy, he said.

"I think good governance is a bit more complicated than putting everything to a vote of the people," Maxwell said.

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