Utility costs always run downhill

The Corporation Commission is asking Arizona’s congressional delegation to introduce federal legislation to prevent water utilities and ratepayers from bearing the brunt of costs related to new Environmental Protection Agency water contamination rules. On Tuesday, the commission sent a letter to the state’s 11 members of Congress, warning of the dangers of a new EPA rule that designates two new hazardous water contaminants under the federal Comprehensive Environmental Response, Compensation and Liability Act. According to the letter, the policy will create a liability for water utility companies in the state who attempt to dispose of the hazardous substances even though they are “passive receivers” of them, not manufacturers or users. The commission claims that any costs associated with the substances will eventually trickle down to Arizona ratepayers and increase their utility bills. “To shield Arizona water and wastewater customers from higher rates due to CERCLA claims, the undersigned Commissioners support the adoption of federal legislation that exempts water and wastewater utilities from CERCLA liability for release of these [substances],” the letter said. All five commissioners signed the letter, including lone Democrat, Commissioner Anna Tovar. The EPA rules went into effect in early July and Arizona water utility companies will be subject to it unless federal legislation is passed to alter the policy.

Democrats find hope and promise in new registration stats 

CHICAGO — As the Democratic National Convention reaches its midpoint, party architects and advocacy groups across the country are implementing an aggressive voter registration push that’s not only supposed to help Vice President Kamala Harris win the White House through increased turnout, but also create a mandate for the future expansion of voting rights. 

Those involved with the ambitious endeavor claim it will be the largest voter mobilization program the Democratic Party has ever seen.

The speeches and events in the Windy City this week have been accompanied by a quiet buzz about the effort — and the subtle shift in registration trends in North Carolina and Pennsylvania, two important presidential swing states.

While these two states have seen more GOP voters than Democrats register since January, the act of Harris replacing President Joe Biden atop the ticket prompted an erosion of those margins.

In North Carolina, Democratic registrations outpaced Republican sign-ups during the week following Biden’s endorsement of Harris. 

The same week also gave way to Pennsylvania’s biggest seven-day boost of Democratic voters for this calendar year.

Elsewhere, in less competitive states, there are similar signs of progress for Democrats. In Maine, for example, nearly 4,000 new voters registered last month in the wake of Biden’s decision to step aside. While Maine doesn’t track voters by party, Harris supporters were quick to take credit.

Between convention speeches and during cocktail hours, true believers making their way around Chicago say it’s all just the beginning as Election Day — Nov. 5 — draws closer.

“We have already deployed $66 million to support voter outreach in the seven key states that will decide the election,” said Daria Dawson, executive director of America Votes.

Those all-important states include Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania and Wisconsin. 

America Votes is tackling these states with a few hundred well-heeled partners, from American Bridge and the AFL-CIO to the American Federation of Teachers and the Democratic Legislative Campaign Committee.

“Our partners have knocked on over 8 million doors this year, and we are just getting started,” Dawson added. “We have a plan to knock on at least 33 million doors across seven key battleground states — our largest ever voter mobilization program.”

Activists aren’t just knocking on any old doors. There’s a focus on young, first-time voters and communities of color.

While politicos like to point out that these electorates don’t always vote at high levels, a study conducted by Tufts Tisch College found that half of all registered voters aged 18 to 29 voted in the last presidential cycle in 2020, up from just 11% in 2016.

The study serves as a reminder that registering voters is the easy part. Making sure they vote and stay informed and engaged is the real trick.

“Since 2016, we have seen record-breaking turnout in almost every election, driven primarily by young people, women and voters of color,” Dawson said. “Our ‘Spread Out the Vote’ strategy that focuses on educating voters about new opportunities to vote by mail or vote early that have become available since the COVID-19 pandemic has been especially effective in getting low-propensity voters engaged.”

Dawson and her team will get a bit of help on the communications piece from the Harris campaign, which announced over the weekend that it will spend $370 million on advertisements beginning Labor Day that will target the same states as America Votes.

Quentin Fulks, Harris’ deputy campaign manager, and Rob Flaherty, the campaign’s digital director, said the ad strategy is designed to “break through a fragmented media environment and reach the voters who will decide this election.” 

Democrats hope the combined effort will not only put Harris in the White House, but help partners win down-ballot races in states like Georgia and North Carolina.

Then there’s the question of what comes after the election, especially one where new voters may play an outsized role.

According to Sophia Lin Lakin, director of the American Civil Liberties Union’s Voting Rights Project, Harris could have an opportunity to leverage this voter mobilization program and any mandate it delivers to become a pro-voting rights president.

“Vice President Harris has promised to address long-standing challenges and enhance access to the ballot for all eligible voters,” Lakin said. “If she is elected, we will use every tool at our disposal, including litigation, to hold her to these commitments and protect and advance voting rights and fair representation at every level of government.”

To get to that point, all Democrats have to do is win, and more than a few in Chicago this week believe they have the edge.

“The ground game is our greatest advantage,” Dawson said, adding, “Direct voter engagement is the tried-and-true formula that has worked in election after election.”

Jeremy Alford is managing editor of LaPolitics Weekly/State Affairs. Reach him at [email protected] and @LaPoliticsNow. 

New rule could end ‘politicization’ of State Bar complaints

In a closed hearing Tuesday, the Arizona Supreme Court took up the 2024 rules agenda, portending possible shifts in the bar complaint process, ethical rules for government lawyers and inner workings of State Bar membership, among others. A total of 70 rule change petitions went before the justices for decisions on whether to adopt, adopt with amendment, reject or continue a change, and refer to a study committee for further consideration. Dave Byers, director of the Administrative Office of the Courts, noted the rule change process started in January and allowed any person to file a petition in support of a change. The rule petitions then go out for public comment and return to the justices for review. Tuesday was “decision day,” Byers said, with orders on each of the 70 rules set to go out in the coming days. Byers said, if adopted, rules generally go into effect at the beginning of January, unless a rule requires additional training or work, in which case it could be delayed, or if the court decides to adopt a rule on an emergency basis, given legislative deadlines or scenarios in which a rule change is immediately necessary. One example of an emergency rule change in this latest session came from a petition submitted by Byers dealing with the bar complaint process. His proposal would allow only those who are directly involved in a matter to be privy to proprietary information related to a bar proceeding. He pointed to an influx of election-related complaints from non-parties as the basis for the new standing requirement. He said he feared a “politicization” of the regulatory bar complaint process. Byers urged the court to adopt the rule change on an emergency basis given the coming 2024 election. “For the first time, we started seeing these complaints coming in from people who have no knowledge, no involvement in the case,” Byers said. “They have nothing, no involvement, no evidence. And if they become the complainant, they have certain rights, like, if the Bar decides to dismiss the case, they can appeal it. They get updates in the case.” Information on state bar proceedings are typically kept confidential until they are elevated to the presiding disciplinary judge. Under the rule change, a person who was not involved could still submit a complaint, but they would not be afforded the same information and rights to appeal as a party in bar proceedings. The petition saw support from Petersen, but opposition from Phoenix Newspapers Inc. given a potential to curtail public information and Dianne Post, a longtime attorney, for a lack of transparency in bar charges. The court considered Byers’ petition, along with dozens more, including a push for additional ethical guidance on the role of government attorneys, a petition seeking to revise the rules of special actions and a proposed change to the dues attorneys are required to pay to the bar. Decisions are set to come down from the court this week, according to a court spokesperson. 

The latest on the fight over who gets to kill prisoners

Mayes filed a motion to set an oral argument in the legal fight over who has the authority to move for an execution in the state and sees opposition from Mitchell in doing so. In a brief motion, assistant AG Alexander Samuels wrote, “The question framed by the Court implicates significant issues relating to the Legislature’s delegation of authority, the scope of powers and duties of all prosecuting agencies throughout the state, and the Attorney General’s ability to manage the duties of her office and the department of law, as required by statute.” He continued, “To ensure that the significant issues presented by this case – including potential legal and practical implications that extend well beyond this case – are adequately discussed, the Attorney General requests that the Court set this matter for oral argument.” The AG’s motion follows a line of supplemental briefing from the AG and Maricopa County Attorney Rachel Mitchell, as well as an amicus brief from Arizona Voice for Crime Victims in support of Mitchell and an amicus brief from former AG Terry Goddard, former Maricopa County Attorney Rick Romley and former Pima County Attorney Barbara Lawall in support of Mayes. After Mitchell moved to request the court set a briefing schedule for motion for a warrant of execution, and Mayes moved to strike, the two, on direction from the court, submitted further arguments on whether the constitutional and statutory authority, power and duty to request a warrant of execution rests exclusively with the AG. Both Mayes and Mitchell responded to respective amicus briefs, too. Colleen Clase, an attorney for Arizona Voice for Crime Victims, wrote on behalf of the sister of the victim of Aaron Gunches, the death row inmate subject to the hypothetical warrant of execution. Clase argued for “prompt and final conclusion of the case after the conviction and sentence,” and claimed MCAO should be able to move for a warrant of execution given Mayes decisions to suspend executions during a review of procedures. In response, the AG argued the right to finality has no bearing on the authority to seek an execution. Goddard, Romley and LaWall argued the AG has the sole power to seek execution warrants, as shown by state law and a lack of historical precedent for a county attorney to seek a warrant of execution.

Kelly: Kansas set the tone for other states’ reproductive rights battle

With the 2022 abortion referendum, Kansas “set the stage” for other states in their fight for reproductive rights, Gov. Laura Kelly told an audience Wednesday during a panel at the Democratic National Convention.

Kelly participated in the Democratic Women Governors Panel with seven other governors — Arizona Gov. Katie Hobbs, Maine Gov. Janet Mills, Massachusetts Gov. Maura Healey, Michigan Gov. Gretchen Whitmer, New Mexico Gov. Michelle Lujan Grisham, New York Gov. Kathy Hochul and Oregon Gov. Tina Kotek.

Nearly 60% of Kansans voted no on the 2022 amendment that would’ve removed the right to abortion from the state Constitution in the immediate aftermath of the U.S. Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision that said the U.S. Constitution didn’t provide the right.

“They should never have poked the bear,” Kelly said of the Legislature, mentioning the record turnout — 47% — for a primary election.

“I think we set the stage for other states to follow suit in whatever way they had to, to protect women’s rights,” Kelly said. “I think it’s carrying on into this election. We’re seeing what’s happening. There’s no lack of interest now. It really has awoken people, particularly our young people.”

Kelly said she was a part of the generation that fought for the abortion protections Roe v. Wade provided for nearly 50 years.

“Here I am, a lifetime later, back at it, but now joined by the young people who had been taking it for granted but no longer will,” she said. “I hope they remember this so their granddaughters don’t have to go through this.”

Actor Julia Louis-Dreyfus served as host, asking questions of the group as well as individual governors.

She asked the governors if there was anything they wished they knew before going into office.

“I ran on knowing everything,” Kelly joked, before providing her real answer — learning how much she had to increase her patience level.

“Getting things done in state government and through the governor’s office is just a very tedious, sometimes frustrating process,” she said. “I think I was a little pushy at the beginning because I was expecting, ‘I’m the governor. You just do it.’”

Kelly weighed in on the importance of down-ballot female candidates, saying it helps to have women on the ground to bring back information.

“With women in the Legislature, for instance, I always know they have my back because they understand what I’m going through,” Kelly said. “They tend to have my back, and I don’t have to worry as much about bringing them into the fold.”

Kelly also touted the work Kansas has done with its prisons, specifically the push to provide more educational opportunities.

“We’re starting to see our incarcerated folks as our workforce, our potential workforce,” she said. “So we have ingrained education training programs. We’re actually building campuses on our correctional facilities to ensure that these folks can get the education they need to be successful when they get out.”

Bryan Richardson is the managing editor at State Affairs Pro Kansas/Hawver’s Capitol Report. Reach him at [email protected] or on X @RichInNews.

Court of Appeals wants proof that pact to halt 24-hour abortion wait doesn’t make appeal ‘moot’

The Kansas Court of Appeals is giving the state until Sept. 16 to file an argument that would show why its appeal of a temporary injunction on the 24-hour waiting period for an abortion isn’t moot because of a November agreement with abortion providers.

The court filed the order Tuesday after an appeals hearing last week for Hodes & Nauser v. Kobach, which produced a late reveal of the agreement. The court’s stance is that the temporary injunction appears to be “legally superfluous.”

“On its face, the agreement in the November 30 stipulation not to enforce the statutes covered in the temporary injunction until the district court issues a ruling on a permanent injunction would appear to make this appeal moot,” the order said. “That is, the agreement itself seems to independently replicate the relief the district court granted in the temporary injunction.”

Johnson County District Court Judge K. Christopher Jayaram in October 2023 issued a ruling that sided with initial arguments from abortion providers that the Kansas Woman’s Right to Know Act violated the state Constitution.

In November, the parties entered an agreement to suspend discovery and all case management deadlines until the state’s temporary injunction appeal “is fully briefed.”

The agreement said state officials agreed they’re bound by the temporary injunction and wouldn’t seek to enforce the provisions of the Woman’s Right to Know Act “until the District Court renders a final judgment in this matter.”

That is the aspect of the agreement that the appeals court highlighted in its order, which gives the parties until 5 p.m. Sept. 16 to file their responses. 

Abortion providers are challenging a state law, which the Legislature passed in 1997, that says providers can’t administer abortions until 24 hours after providing patients with state-mandated information. The lone exception is a medical emergency.

Center for Women’s Health in Overland Park and Comprehensive Health of Planned Parenthood Great Plains, which has practices in Overland Park, Wichita and Kansas City, filed a lawsuit against various state officials.

The trial is scheduled for June 23 through July 1, 2025, according to Johnson County District Court records.

Bryan Richardson is the managing editor at State Affairs Pro Kansas/Hawver’s Capitol Report. Reach him at [email protected] or on X @RichInNews.

‘Time is of the essence’: Legislative Coordinating Council seeks to greenlight bid process for expanded bill tracking

The Legislative Coordinating Council’s quest to secure enhanced bill tracking services is proceeding full-steam ahead, albeit on a condensed timeline. 

The LCC renewed its bill tracking contract with longtime provider KanFocus at its July 30 meeting, but also entrusted a subcommittee with initiating a bid solicitation process aimed at securing services from a contractor equipped to track legislation in all 50 states. The subcommittee convened on Aug. 9 to hold a discussion and cultivate the components of a request-for-proposal draft targeting servicers that can track bills nationwide.

The council discussed the draft document Wednesday morning. LCC Chair Dan Hawkins told members they had roughly one week to study the document and finalize any further tweaks. Hawkins, R-Wichita, said he plans to call a virtual meeting no later than Aug. 31 for the purpose of  greenlighting the finalized request for proposal, thus  enabling the council to adhere to a strict timeline for the implementation of the upgraded software package. 

“Go to work and study it,” Hawkins told the committee, so “we can put this to bed.”  

KanFocus’software exclusively tracks Kansas legislation, but the company also indicated that it possesses the ability to extend its tracking scope to other states by linking on to other states’ “application programmable interfaces” — but that process has  yet to be tested. 

Hawkins said he’s not discounting KanFocus because its software checks many boxes via its view-and-search capabilities for Kansas-specific documents — while also providing real-time legislative updates. Additionally, the software can generate detailed reports for bills contained in an individual user’s tracking list. Hawkins expressed some skepticism over the process, but said the subcommittee ultimately enables the LCC to cast a wider net through its bid solicitation process.

“I doubt that we will find another vendor who does exactly the same thing as KanFocus,” Hawkins said. “And I doubt that KanFocus is going to do everything that another vendor is going to do.” 

Timeline

The LCC on Wednesday discussed the timeline for implementation of 50-state tracking services, which did not require a procedural motion. The timeline established by the subcommittee outlines the bid solicitation window, kicking off Sept. 16 and closing Oct. 31, followed by vendor demonstrations and the subcommittee’s subsequent evaluation of those proposals, according to Tom Day, director of Legislative Administrative Services. But that’s contingent on the council’s approval of the request for proposal by month’s end.

The council would evaluate proposals around mid-December and select a vendor by Dec. 31. Vendor demonstrations, Hawkins said, will help flesh out the pros and cons of each contractor. 

“You’re going to see some things you like and some things that are not there,” the House speaker said during Tuesday’s meeting. “At that point, you have to make a decision about what you want. And until that time, we’re not going to know that.” 

Senate President Ty Masterson, R-Andover, one of three members comprising the subcommittee, said he’s “sensing” trepidation on the part of the full committee to discard KanFocus because off a perceived tradeoff entailing “some amazing new feature” offered by a different vendor in exchange for the loss of KanFocus’ current capacities. 

“As we evaluate we’re wanting to understand what is new, what may be lost that is current — and is that worth the trade off,” Masterson said. “But time is of the essence.”

A memo provided by Day outlines bill tracking stipulations sought by the LCC — including the functionality to search, track and organize legislation through bill number searches. More than a dozen “preferred requirements” appeared on Day’s memo — a half-dozen stipulations related to 50-state bill tracking features, and a few requested features. Other considerations included in the draft proposal were expected levels of IT support, training and data storage security assurances. 

The subcommittee also inquired about a soft launch of the upgraded services, which Day said would transpire around February or March, followed by full implementation by July 1. 

KanFocus President Kevin Yowell told State Affairs after the meeting that he doesn’t have any concerns about the bid solicitation process, while echoing Hawkins’ sentiments that the bidding evaluation process will likely flesh out the best available product.

KanFocus’ software package, Yowell said, will equip the Legislature and other related personnel with “the best of both worlds.” 

“A very in-depth service for Kansas and a more top-level service for other states,” he said, adding that they’re working on partnering with “one specific entity” for the expanded tracking services. 

LCC member Rep. Blake Carpenter, R-Derby, expressed concern over the process during the July 30 meeting, objecting to the council’s one-year renewal agreement with KanFocus, asserting that legislative staff and revisors immediately need the “best product available” and waiting another year would be counterproductive. 

Carpenter, who also serves as the speaker pro tem, told State Affairs after Tuesday’s meeting that he’s still not on the same page with others on the council, adding that there are “two sides” with differing views on how to get the request for proposal to the finish line. But he added that both sides are looking for an “open, honest and fair” bid solicitation process. 

“I think we will ultimately end up finding a solution before the end of the month,” he said. “I don’t think we’re that far apart from the other side’s position — it’s just the technical wording we’re needing to hammer out.” 

Carpenter also previously expressed displeasure over the makeup of the subcommittee, contending an unfair distribution of two senators and only one House member. Hawkins, Masterson and Senate Minority Leader Dinah Sykes comprise the committee.

Note: The article has been updated to reflect the correct spelling of Kevin Yowell’s last name. 

Matt Resnick is a statehouse reporter at State Affairs Pro Kansas/Hawver’s Capitol Report. Reach him at [email protected].

Sign here! Democrats find hope and promise in new registration stats

CHICAGO — As the Democratic National Convention reaches its midpoint, party architects and advocacy groups across the country are implementing an aggressive voter registration push that’s not only supposed to help Vice President Kamala Harris win the White House through increased turnout, but also create a mandate for the future expansion of voting rights. 

Those involved with the ambitious endeavor claim it will be the largest voter mobilization program the Democratic Party has ever seen.

The speeches and events in the Windy City this week have been accompanied by a quiet buzz about the effort — and the subtle shift in registration trends in North Carolina and Pennsylvania, two important presidential swing states.

While these two states have seen more GOP voters than Democrats register since January, the act of Harris replacing President Joe Biden atop the ticket prompted an erosion of those margins.

Indiana Democrats have claimed a jump in enthusiasm since Harris moved to the top of their presidential ticket, although it is too early to know of any voter registration boost.

Indiana, which has long struggled with one of the country’s lowest voter turnout rates, added about 35,000 people to the voter registration rolls between the start of this year and the deadline for the May primary. That is when just over 4.7 million people were registered to vote, according to the state Election Division.

Indiana’s deadline to register for the November election is Oct. 7, with the early voting period starting the next day.

In North Carolina, Democratic registrations outpaced Republican sign-ups during the week following Biden’s endorsement of Harris. 

The same week also gave way to Pennsylvania’s biggest seven-day boost of Democratic voters for this calendar year.

Elsewhere, in less competitive states, there are similar signs of progress for Democrats. In Maine, for example, nearly 4,000 new voters registered last month in the wake of Biden’s decision to step aside. While Maine doesn’t track voters by party, Harris supporters were quick to take credit.

Between convention speeches and during cocktail hours, true believers making their way around Chicago say it’s all just the beginning as Election Day — Nov. 5 — draws closer.

“We have already deployed $66 million to support voter outreach in the seven key states that will decide the election,” said Daria Dawson, executive director of America Votes.

Those all-important states include Arizona, Georgia, Michigan, Nevada, North Carolina, Pennsylvania and Wisconsin. 

America Votes is tackling these states with a few hundred well-heeled partners, from American Bridge and the AFL-CIO to the American Federation of Teachers and the Democratic Legislative Campaign Committee.

“Our partners have knocked on over 8 million doors this year, and we are just getting started,” Dawson added. “We have a plan to knock on at least 33 million doors across seven key battleground states — our largest ever voter mobilization program.”

Activists aren’t just knocking on any old doors. There’s a focus on young, first-time voters and communities of color.

While politicos like to point out that these electorates don’t always vote at high levels, a study conducted by Tufts Tisch College found that half of all registered voters aged 18 to 29 voted in the last presidential cycle in 2020, up from just 11% in 2016.

The study serves as a reminder that registering voters is the easy part. Making sure they vote and stay informed and engaged is the real trick.

“Since 2016, we have seen record-breaking turnout in almost every election, driven primarily by young people, women and voters of color,” Dawson said. “Our ‘Spread Out the Vote’ strategy that focuses on educating voters about new opportunities to vote by mail or vote early that have become available since the COVID-19 pandemic has been especially effective in getting low-propensity voters engaged.”

Dawson and her team will get a bit of help on the communications piece from the Harris campaign, which announced over the weekend that it will spend $370 million on advertisements beginning Labor Day that will target the same states as America Votes.

Quentin Fulks, Harris’ deputy campaign manager, and Rob Flaherty, the campaign’s digital director, said the ad strategy is designed to “break through a fragmented media environment and reach the voters who will decide this election.” 

Democrats hope the combined effort will not only put Harris in the White House, but help partners win down-ballot races in states like Georgia and North Carolina.

Then there’s the question of what comes after the election, especially one where new voters may play an outsized role.

According to Sophia Lin Lakin, director of the American Civil Liberties Union’s Voting Rights Project, Harris could have an opportunity to leverage this voter mobilization program and any mandate it delivers to become a pro-voting rights president.

“Vice President Harris has promised to address long-standing challenges and enhance access to the ballot for all eligible voters,” Lakin said. “If she is elected, we will use every tool at our disposal, including litigation, to hold her to these commitments and protect and advance voting rights and fair representation at every level of government.”

To get to that point, all Democrats have to do is win, and more than a few in Chicago this week believe they have the edge.

“The ground game is our greatest advantage,” Dawson said, adding, “Direct voter engagement is the tried-and-true formula that has worked in election after election.”

Jeremy Alford is managing editor of LaPolitics Weekly/State Affairs. Reach him at [email protected] and @LaPoliticsNow.

Opinion: What would a conservative tax system look like?

MUNCIE, Ind. — It is election season, so we’ve been inundated by tax proposals. I view this as a good development because the Legislature is in the midst of a two-year study of taxes. We have the time and resources to sort out the strengths and weaknesses of each.

This is also a good time to step back and ask a simple question: “What would a good, conservative state tax system look like, and how does Indiana’s measure up?”

Taxes are an old institution. The very first written documents in the archaeological record are tax and accounting ledgers. The first colonial taxes were on property and sales. Income, which was harder to measure, was not widely taxed until the 19th century.

In the early days of our nation’s founding, there was vigorous debate about the method and purpose of taxation by the federal government. For state and local governments, taxes were an accepted necessity. Property taxes, and what they must finance, were specifically described in the Northwest Ordinance of 1787, the document that laid out requirements for Indiana statehood.

That shouldn’t be surprising. John Locke and Adam Smith, two major intellectual forces who influenced our Constitution, wrote about taxation in ways that are familiar today. From Abraham Lincoln’s Lyceum speech to Ronald Reagan, conservative thought offers a view of taxation that differs dramatically from much of current rhetoric.

There are three big things we can tax: wealth, income and consumption (spending). A primary goal of conservative tax policies would be to minimize the distortion taxes cause to decisions by families and businesses.

To do that, a conservative tax system would first tax all wealth, income and consumption, but at a very low rate. That is the first principle of a good, conservative system of taxation.

A second goal would be a tax system that is easy to administer for governments and easy to comply with as a taxpayer. Simplicity matters.

A third goal would be a tax system that is stable over the inevitable ups and downs of an economy. That is important not only to provide tax revenues during a recession but also to match increasing government costs during inflation.

Fourth, taxes should rise at about the rate of economic growth, not slower or faster than the economy grows.

All these rules impose stability and certainty around a tax system.

There are two other, more subjective measures of a conservative tax system. The first is that a system should be progressive. Adam Smith, the father of free-market economics, plainly argued that the more affluent should pay higher tax rates. His argument focused on expanding commerce and infrastructure.

And, finally, conservative tax policy argues that taxes should be adequate to meet the requirements of government. It is plain to see why this is subjective and changing. Sometimes, government needs a great deal of money — to defeat terrorists or Nazis, for example. Other times it might require much less revenue, such as during a strong expansion.

One way to judge adequacy of tax revenues is to measure how well your state or local government is doing in top-line data on public services. Here it is important to ask questions such as, how good are your roads? How bad is crime? How effective are schools at primary tasks like literacy? How successful is the education system at sending kids to higher education?

The answers to these questions help answer another question: Are we collecting enough tax revenue?

So, how does Indiana’s tax system compare to these traditional measures of a conservative tax system? It is a mixed bag.

Unlike some states, Indiana has taxes on consumption, income and wealth. Our income tax is a flat rate, and very low. The tax is still modestly progressive because it allows deductions and includes an earned income tax credit (the brainchild of Milton Friedman, the godfather of conservative economics).

Indiana’s 7% sales tax rate is high for a state-level tax but doesn’t include local option taxes, so it falls comfortably in the middle of the pack. One weakness of our sales tax is that we tax only the sale of goods, not services. If we taxed everything, we could get the same annual tax revenue with less than a 4% sales tax.

Finally, the smallest of our big three taxes is on property. We tax businesses and households on the value of their land, homes or buildings and equipment. We cap those taxes at 1%, 2% and 3% of total (gross) value for primary residences, secondary residences and business, respectively.

Local governments give huge tax abatements to favored businesses. Residents receive tax cuts for holding a mortgage, getting old or being a disabled veteran. Farms are taxed through a more complex formula.

Judging these taxes against the conservative framework tells a very different story from the one that “conservative” anti-tax zealots would like you to believe.

If we were to tax everything, at a low rate, we would keep our current income tax system, which is close to 4% with combined state and local taxes. We would need to tax all transactions — not just goods but also services — and cut the rate to close to 4%. That would give us balanced income and sales taxes, but it would leave us with property tax rates of less than 1%.

Meeting the traditionally conservative goal of a broad tax base and a low rate would actually cause us to raise property taxes, not cut them. But there are other problems with our tax system.

The current system is regressive, meaning poorer households pay a higher state and local tax rate than rich households. The biggest element of regressive taxes are the sales taxes and property taxes. Roughly 7 out of 10 households own their homes, so they pay no more than 1%, unless there is a referendum to raise more for schools.

These folks are the most affluent Hoosiers, while renters are the poorest. But remember that rental property is taxed at 2%, most of which is passed on to renters.

So, for this and other reasons, our property tax system is highly regressive, burdening the poorest Hoosiers with higher taxes. The bigger problem is really in the adequacy measure. Indiana ranks in the bottom 10 states in public health, school outcomes and educational attainment. We rank poorly in road maintenance and only average in crime rates. Our tax system is clearly inadequate to provide a sufficient model.

Indiana does not meet the traditional description of a conservative tax system.

Michael J. Hicks, Ph.D., is the director of the Center for Business and Economic Research and the George and Frances Ball distinguished professor of economics in the Miller College of Business at Ball State University. Contact him at [email protected].

Chief Justice Rush sees concerns for new term leading Supreme Court

Chief Justice Loretta Rush sees a long list of challenges and concerns as she heads into a new five-year term leading Indiana’s legal system.

The Judicial Nominating Commission voted unanimously Wednesday to extend Rush’s tenure heading the state Supreme Court, which began in August 2014. The court’s four other justices extolled her work as they spoke in favor of her reappointment.

Challenges for upcoming term

Rush raised several concerns facing the state’s court system as she spoke with commission members before their vote.

Those included the growing attorney shortage, difficulties providing mental health services for many criminal defendants, threats of violence against judges and declining public trust in the judiciary.

Rush said she was worried about perceptions of a “politicized” judiciary as much of the public lumps federal and state courts together. 

“I think trust is pretty good in Indiana’s judiciary, but I think it’s gone down from what it was just on a global trust in public institutions,” Rush told reporters.

Justice Mark Massa decried what he called an “unrelenting assault” on the respect for courts stemming from public disagreements on judicial decisions.

Massa credited Indiana’s appointment process for members of the state appeals and supreme courts for sparing the state from the multimillion-dollar political campaigns for supreme court seats that happen in other states.

“I think the biggest challenge going forward is the continued authority and independence of the judiciary,” Massa said.

Justices praise Rush’s leadership

Rush, 66, was appointed by Gov. Mitch Daniels to the Supreme Court in 2012 after she served 14 years as a Tippecanoe County judge in Lafayette. She became Indiana’s first female chief justice with her promotion by the judicial commission 10 years ago.

Rush said court transparency had improved a great deal during her tenure, with growing availability of online court records, live streaming of court hearings and rule changes last year allowing news media cameras in trial courtrooms.

Justice Geoffrey Slaughter told commission members that Rush was “a team builder, a team player, a natural leader.”

Massa said he saw “absolutely no need for any change in leadership” for the court.

“When you’re the chief justice, you are head of the third branch of government, and it’s a particular challenge to have that responsibility without all the powers that it might imply,” Massa said. “We don’t have a state-based unified court system. We have a county-based system. So the chief arrow in her quiver is persuasion rather than coercion, and I think her personality is particularly well suited to that challenge.”

The support for Rush from the other justices came even though she has disagreed with the majority of them on some significant court decisions in the past year.

They included her support for tougher sanctions against Republican Attorney General Todd Rokita over comments he made to Fox News about Dr. Caitlin Bernard after she provided an abortion to a 10-year-old Ohio rape victim. 

Rush raised concerns last year about the court’s decision upholding the state’s abortion ban and joined in the dissent of a 3-2 court decision in March that blocked agribusiness executive John Rust from the Republican primary ballot for U.S. Senate.

Rush said such cases were reasons to avoid having a politicized court.

“As chief, I figure out where the majority is on the opinion. I assign the opinion. We write the opinion, we help each other, maybe, soften edges on opinions,” Rush said. “But that’s part of the judiciary — you really want to have those voices coming in and balancing out.”

Growing attorney shortage 

The Commission on Indiana’s Legal Future, appointed by the Supreme Court, released an interim report this month suggesting steps toward responding to attorney shortage concerns.

Ranking in the bottom 10 states with 2.3 lawyers per 1,000 residents, Indiana faces “legal deserts” in many rural counties that threaten legal rights, Rush said.

“No one wants to be in a court case or sit in a courtroom without an attorney,” she said. “The Constitution guarantees that.” 

Rush said she was worried about the number of people who face civil court cases without a lawyer representing them.

She told the commission: “That’s going to be my next career, to be a civil legal aid attorney.”

Tom Davies is a Statehouse reporter for State Affairs Pro Indiana. Reach him at [email protected] or on X at @TomDaviesIND.

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