Editorial: Hardly a taxing decision

Friday, March 30, 2007 | 7:13 a.m.

Once again the state Tax Commission is trying to keep the public out of its business.

While the Assembly is debating a bill that would open commission hearings to the public, the Senate is considering a bill that would allow the commission to keep meeting - and deciding - matters in private.

Senate Bill 448, introduced by the Senate Government Affairs Committee, would allow the commission to lock the public out of multimillion-dollar decisions, giving commissioners the right to dole out rebates, such as the $40 million rebate it gave in secret to Southern California Edison in 2005.

Taxpayers have the right to know how and why the state is spending taxpayer money, so why not open up the Tax Commission?

The commission says it needs to meet in private to protect the proprietary information of a taxpayer or business that appeals its state tax bill. The commission believes current law allows it to also deliberate and vote in private, but it wants the Legislature to affirm that belief.

Lawmakers should reject it out of hand.

The backers of SB448 hope the public will be fooled into believing that the bill would promote openness by the Tax Commission. After all, the legislation would require the commission to announce its decision in public and how the commissioners voted. It also would require the commission to publish an abstract of its decision.

The bill, however, masquerades its real intent. It is vague and does not mandate that the commission reveal much, including the amount of a rebate. SB448 is simply an underhanded attempt to keep the public out of government.

In contrast, Assembly Bill 433, sponsored by Speaker Barbara Buckley, would allow the commission to receive information in private but would require public deliberations and votes, which is the way it should be. Other government boards, including the Public Utilities Commission and the Gaming Commission, receive proprietary information but still deliberate in public.

Why can't the Tax Commission?

There is no good reason it can't. Lawmakers should kill SB448 and pass Buckley's bill - if they truly believe the public has a right to know and participate in state government.