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Arnold Schwarzenegger, building on one of the themes of his historic campaign
for governor, promised in his first State of the State address to "blow
up" governmental agencies in a top-to-bottom overhaul of the state
bureaucracy.
While other governors had been "moving boxes around to reorganize
government," Schwarzenegger told lawmakers, "I don't want to
move the boxes around. I want to blow them up."
A month later, Schwarzenegger created the California Performance Review
and appointed Billy Hamilton, who had overseen a similar effort in Texas,
as the co-executive director of the project aimed at eliminating wasteful
duplication and making governmental agencies more responsive. And by all
accounts, the large task force that the administration assembled is taking
its work seriously, drafting a massive reorganization that would eliminate
many agencies, merge programs and otherwise rewrite the state's overly
complicated, highly duplicative superstructure.
During his campaign, Schwarzenegger implied that he could find enough
"waste, fraud and abuse" to close the state's multibillion-dollar
budget gap, but that vastly overstated the fiscal potential of the performance
review. While the state might save $1 billion or $2 billion a year - substantial
but only a fraction of the deficit - the real reason to make the effort
isn't to save huge amounts of money but to keep faith with the voters
who elected Schwarzenegger and, more importantly, offset the much-justified
public cynicism about governmental lethargy and waste.
We should examine what each agency, from the largest to the smallest,
actually does and decide whether it should be left intact, altered, eliminated
or merged. It's tough work because, inevitably, it treads on someone's
turf. Indeed, the plan's rollout has been delayed because of resistance
among affected interests inside and outside the bureaucracy.
Governmental reorganization also faces another unique barrier: the state
constitution. The existence of a separately elected superintendent of
public instruction, for example, is clearly outdated, but to eliminate
the position and place the Department of Education under the governor,
as reality suggests, would take a constitutional amendment that many elements
of the education community would stoutly resist.
The constitutional barrier could lead Schwarzenegger's governmental reformers
to make a huge error on centralizing tax collection.
Collecting state taxes is now divided among four major agencies and many
smaller ones. The Franchise Tax Board collects personal and corporate
income taxes; the Board of Equalization collects sales taxes, oversees
the administration of property taxes and handles appeals on income tax
cases; the Department of Employment Development collects payroll taxes
for unemployment and disability insurance; and the Department of Motor
Vehicles collects property taxes on cars and boats.
There are credible reports that the reorganization commission, bowing
to the constitutional status of the Board of Equalization, may make it
the central tax-collecting authority, enfolding the Franchise Tax Board.
The Board of Equalization consists of four separately elected members
and the state controller; the Franchise Tax Board, an arm of the administration,
consists of the governor's director of finance, the state controller and
the current chairperson of the Board of Equalization.
The Franchise Tax Board, with a permanent, professional staff, has a national
reputation for aggressive but honest tax collection. The Board of Equalization,
with its political membership, has a long history of settling tax cases
on grounds other than their merits, often in secret, and supports a corps
of private attorneys and accountants who, for the right price, can make
tax cases go away. Simply put, the Board of Equalization operates more
like a political body - the Legislature, say - than a dispassionate court.
Even if it were to take a constitutional amendment, the right way to streamline
tax collection would be to place it in a Department of Revenue under the
governor's authority and accountability, with an independent tax court
to handle appeals. Expanding the Board of Equalization's reach would be
a scandal waiting to happen.
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