Baxter County Friends of the Taxpayers

Mountain Home, Arkansas

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The Advertising & Promotion Tax Issue

 

 

A&P Tax Code Changes in the Works for 2007

When state government representatives go back to work in Little Rock this month, Baxter County's State Senator Shawn Womack and State Rep. Johnny Key will be carrying with them a proposed change to the part of the AR Code that allows City Councils or county Quorum Courts to simply vote an A&P (Advertising & Promotion) Tax into existence.

Instead, BCFT has asked that the wording be changed to include the requirement that the decision be ratified by voters at the next general election; this will still allow cities or counties to implement the tax, but ONLY if their constitutents agree.

In addition, a "sunset clause" will hopefully be added, requiring cities or counties that have the A&P tax to put it on the ballot every 4 years to let the voters decide if they wish to retain it.

State Representative Rick Saunders (D-Hot Springs) is also helping with this bill, bringing suggestions from citizens in his district who have been fighting this tax since its inception more than 40 years ago.

UPDATE: House Bill 1365 ("An Act Requiring Voter Approval of Certain Tax Levies") was filed on our behalf on 1-31-07 by State Representative Johnny Key & State Senator Shawn Womack. The "sunset clause" was removed because many legislators told Rep. Key they would not vote for it if that provision was left in place.

UPDATE: House Bill 1365 ("An Act Requiring Voter Approval of Certain Tax Levies") was considered by the House Revenue & Taxation Committee on Tuesday, March 6, 2007. BCFT Director Frank Kaye gave a brief presentation, stressing the fact that this bill would do nothing more than give people the right to vote on the tax (as they do for every other sales tax in the state). Representatives from the AR Municipal League spoke to the committee afterwards, saying that they thought the system works fine just the way it is, and giving voters the right to decide this issue would weaken the representative form of government.

The committee voted the measure down by voice vote (no show of hands).

UPDATE: House Bill 1365 ("An Act Requiring Voter Approval of Certain Tax Levies") -- (March 15, 2007) This bill has been amended and will be presented to the committee a second time on Tuesday, March 27, 2007. The general election requirement has been replaced with the requirement that any city or county that levies this tax must call a special election within 120 days so that voters may approve or reject it.

 

 

 

 

APRIL 18, 2005

MOUNTAIN HOME (AR) ADVERTISING & PROMOTION TAX

SPECIAL ELECTION RESULTS (unofficial)

 

312 FOR (12%)

2323 AGAINST (88%)

Absentee & Early Ballots

Polling Place: Baxter County Courthouse
Votes Cast: 1535
FOR: 122 / AGAINST: 1405

Ward 1 (Precinct 7-1)

Polling Place: First Baptist Church
Registered Voters: 2263
Votes Cast: 382
FOR: 71 / AGAINST: 307

Ward 2 (Precinct 4-1)

Polling Place: College & North St Church of Christ
Registered Voters: 2000
Votes Cast: 287
FOR: 58 / AGAINST: 226

Ward 3 (Precinct 6-1)

Polling Place: Baxter Co. Fairgrounds
Registered Voters: 1763
Votes Cast: 166
FOR: 34 / AGAINST: 132

Ward 4 (Precinct 5-1)

Polling Place: East Side Baptist Church
Registered Voters: 1991
Votes Cast: 283
FOR: 27 / AGAINST: 253

 

 

Here's the whole Mountain Home A&P Tax story:

 

Despite repeated opposition from a number of citizens at two successive meetings (and dozens of Letters to the Editor in the local newspaper), the Mountain Home City Council (unanimously and in three consecutive readings) passed an Advertising & Promotion Tax on January 6, 2005. (What is an A&P Tax? Read the FAQs to find out!) 

As drafted, beginning April 1 within the Mountain Home city limits only, this tax would add 2% to every hotel stay and 1% to every restaurant bill, on top of the 10% and 8% respective sales and use taxes already in place.

Funds generated by this tax would be deposited into an A&P account (separate from city monies), and used by a newly appointed (not elected!) 7-member A&P Commission to advertise and promote the Mountain Home area, to "entice" more people to come here for business and recreational purposes.

Because of the way this ordinance was passed by the Council (without regard to the objections of the citizens of Mountain Home), a petition for referendum was circulated beginning January 13th. Our goal was to collect at least 644 signatures, the number required by state law to force a special election (15% of the total number of votes cast in the last mayoral election).

A team of 32 volunteer canvassers, ranging in age from 50-ish to near 90, held petition drives and went door-to-door in their own neighborhoods -- and gathered a total of 2131 signatures in less than 3 weeks. That number represents roughly 25% of the registered voters in Mountain Home. The completed petition was presented to the Mountain Home City Clerk on February 2, 2005.  

Frank Kaye with MH City Clerk Cindy Wynn(Photo at right) BCFT Director Frank Kaye with Mountain Home City Clerk Cindy Wynn, who had just taken custody of petitions for referendum bearing 2131 signatures (Wednesday, February 2, 2005).  Photo by BCFT member John Beach.

City Clerk Cindy Wynn told reporters that she would begin checking the signatures against voter registration records the following morning, but didn't know how long it would take to complete the process, since a petition for referendum had never been circulated in Mountain Home before.

Ms. Wynn announced Monday, February 7th, that she had verified the accuracy and validity of 702 signatures, 58 more than were required by law to force the issue to a special election.  She faxed the information to the City Attorney, who began preparing an ordinance calling for the election.  This ordinance was presented to the City Council at its February 17th meeting, at which time the members approved the ordinance without discussion, and set the date for the election as Monday, April 18th. According to state law, this election must take place within 60 days of the date of the ordinance calling for it.

Until this issue is settled by the vote of the people, the proposed A&P Tax is to be placed on hold -- the tax will not be collected beginning April 1st. In addition, the A&P Commission (which was appointed by the Council at its February 3rd meeting) can make no official decisions or moves of any kind unless or until the tax survives the election.

 

 

Contrary to the belief of many people who want to keep the A&P Tax in Mountain Home, we are not opposed to progress. What we object to is the no-choice, fast-track, big-city way of thinking that put this tax on the books in the first place. Most of the people we talked to during the petition drive moved here because this area was unspoiled, uncrowded, had lower taxes and housing prices, a lower cost of living, and a slower-paced, peaceful, rural atmosphere. The A&P Tax will change all that, and more.

This tax is wrong on many different levels -- and the taxpayers know it.  These are some of the reasons they've given us for being opposed to the tax (in no particular order):

 

 

Since this issue began, we protestors been accused of many things: selfishness, stupidity, and intimidation, to name a few. We've been told (by an A&P Commissioner, no less) that the A&P Tax is a "voluntary" tax: if we don't want to pay it, then we shouldn't bother going out to eat any more (or we should go to a restaurant outside the city limits, where the tax wouldn't be collected). It's been suggested that because we're opposed to this tax, we're against change of any kind, taxwise or otherwise.

The truth of the matter is that very few of us think Mountain Home should simply be frozen in time and not grow or evolve at all. We don't mind paying reasonable taxes for the things that taxes are intended to support: the common defense (local government, police and fire protection), infrastructure (water, sewer), and education (libraries and schools).

We do object to this kind of tax, however, and the attitudes expressed by the City Council and the A&P Commission:

 

Our parents worked long and hard to teach us as children that just because all our friends were doing something, it didn't necessarily mean it was the right thing to do.

They taught us to ask permission before taking something that belonged to someone else.

And -- maybe most importantly -- to recognize that just because we CAN do something, it doesn't mean we SHOULD.

 

What we think the people of Mountain Home are looking for is controlled, manageable growth (which has been occurring naturally in MH over the past 20 years; even the Mayor thinks so) -- and a solid, well-thought-out plan for the future, developed with the input of all the people who have chosen to live here.

 

 

In addition to this laundry list of objections, one further sticking point is that there are already 3 long-established levels of advertising and promotion agencies in place (two of which are taxpayer-funded):

All of these organizations have excellent promotional packages available free of charge, for the asking -- just make a toll-free telephone call or visit one of their web sites. (FYI -- In April 2005, the MH Area Chamber of Commerce received a total of 23,520 inquiries; of those, 20,374 came from their web site [Source: C of C May "Spirit" newsletter]).

In addition, an Internet search using one of the major search engines will bring up dozens of hits leading to businesses here in the area. Many of these also offer free information packets to out-of-state visitors.

There's a new advertising organization in town, too -- the Hometown Merchants Association. Endorsed by the Mountain Home Chamber of Commerce, the HMA was formed in mid-2004 to offer merchants the opportunity to join forces to advertise themselves on the local level (the Chamber only advertises outside the immediate area).

The point is: Opportunities abound -- all a business needs to do is take advantage of what is already available.

 

 

 

 

 

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