The two years of the 50th Arizona Legislature will go down in the history books as the years when the Legislature hit reboot on the Arizona economy and turned what was a basket case into a best case.
Consider where we were in 2010. We had a structural deficit, which was about the worst in the nation. We had just lost 300,000 jobs in the Great Recession. We were essentially California with a smaller economy and drier weather.
The past two years have been marked by job-creating reforms in taxes, regulations, civil justice and education. Our budget is now in balance.
Arizona’s tax system is now a model for other states. The centerpiece of last year’s tax package was a 30 percent phased-in reduction of our corporate income tax rate. The package also included a phased-in 100 percent elective sales factor for manufacturers that produce in Arizona but sell most of their goods outside of our borders. The property assessment ratio for businesses will be reduced to 18 percent. Our already best-in-class R&D tax credit was strengthened.
The centerpiece of this year’s reform is a phased-in 25 percent reduction of our capital gains tax. Also important was taking the treatment of net operating losses and moving us from worst to first: five years to a new 20-year policy. Also passed this year, a new law that provides for a 100 percent elective sales factor for service industries located in Arizona, a critical move given the trend of commerce moving to the Internet.
Arizona has also signified its commitment to attracting and retaining world-class manufacturing projects by allowing the government to share in the financing of necessary infrastructure for large, high-dollar projects that create a sudden and significant need for public infrastructure. Another element of the 2012 tax package expanded to other manufacturers a tax credit once only available to the renewable energy industry.
But tax reform is only part of the story.
When Gov. Jan Brewer first took office, she instituted a regulatory moratorium that put up a stop sign on new rules and regulations for business to navigate. The Legislature in 2010 followed with its own regulatory reform package that, among other things, ensured that new state rules weren’t more stringent than corresponding federal law.
Governor Brewer and the Legislature continued cutting red tape in 2012 with the signing of HB2744, which will ensure that new rules are grounded in sound science, and HB2199, which encourages businesses to discover and correct environmental problems by providing limited administrative and civil evidentiary protections.
Arizona also now has one of the better legal environments, ensuring that businesses will spend more time on investment and innovation, not fending off bogus lawsuits.
Consider these legal reforms from the 50th Legislature:
• A reform of appeal bonds, ensuring that defendants won’t go broke trying to appeal a decision.
• A move to the Daubert standard over the Frye standard to ensure that scientific evidence introduced in court cases meets stringent standards.
• A better juror compensation law so jurors won’t face economic hardship in doing their civic duty.
• A law to reduce landowners’ liability in trespassing cases.
• A measure to make it easier to recover attorneys’ fees in frivolous lawsuits.
• A law to shield businesses from punitive damages in product liability cases when the product in question was made in accordance with all applicable government standards.
All of this represents an unprecedented commitment to fostering a legal environment that attracts jobs and businesses.
The best tax, regulation and tort environment will only get a state so far if it doesn’t have a pipeline of qualified workers ready to enter the workforce and contribute to the economy.
So on the education front, we are now assigning easy-to-understand letter grades in school assessments and have tightened standards with new dollars to make sure our third-graders are reading. Bills signed into law this year make it easier to get qualified STEM teachers into the classroom.
In the higher education arena, Arizona is now moving toward a performance pay model to reward universities for graduating students.
Meanwhile, Chief Executive magazine says Arizona has a top-10 business climate. The world is taking notice of the Arizona turnaround. The governor and Legislature deserve our thanks.
— Glenn Hamer is president and CEO of the Arizona Chamber of Commerce and Industry. The chamber’s website is www.azchamber.com