I don't think it should be touched, it's state/provincial laws and should be respected as such.
My only suggestion would be, a luxury tax, not as big as the NBA. Multiple reasons for this. It would help the LTIR issue and allow teams to spend a bit more.
My idea, allow for a MAX (maybe reduce it even) 20M luxury tax + make it so that players who are on LTIR to end the regular season are ineligible to play in the playoffs
How it helps ? If teams have legitimate injuries and are expecting guys back, they can add a bit to the roster, then activate injured player at an appropriate time and still be within the cap. Other teams can spend the same amount. It'll allow for some cap/injury flexibility and let teams spend a bit more if they need to.
If you're going $1 - $10,000,000 over the cap, you pay a 50% tax. Meaning the team pays $5M tax to the league assuming you spent maximum over cap
If you're going $10,000,001 - $15,000,000 over the cap you pay a 75% tax, $11.25M tax to the league assuming you spent maximum over cap
If you're spending between $15,000,001 - $20,000,000 over the cap, you pay a 100% tax, $20M to the league assuming you spent maximum over cap
The league then takes that money and redistributes it among the lowest revenue generation teams, bottom 5 or bottom 10, to help balance.
What this does is, allow teams to spend more, teams are flexible in case of injury, and if rich teams like Toronto/Montreal are just spending $20M over cap, they're also paying the other teams in the league a tax, those owners can then use that same tax money to spend on their roster. Lets say the top 5 richest teams all go max luxury tax, that's then $100M split between 5 or say 10 teams, $10M-$20M each to those teams, so it balances the owners would be able to spend a bit more for "parity" sake
So if a tax free state team is able to sign guys for under market value, the other teams have the ability to slightly exceed the cap to acquire the same player or type of players.
Now obviously the tax free states could spend the same amount on their roster as well, but that's a pretty big tax they have to pay which would go directly to their competitors
This may lead to higher salaries for players so not sure owners would want to do it but I think it helps two of the biggest issues in our game right now
1) LTIR nonsense. If player isn't activated, he's ineligible. You expect him back ? Good you have a $20M luxury tax, activate the player and whatever your cap hit comes to for game 82, you pay the tax. Everyones happy, you get your player back and it's within the cap/rules
2) Tax-free advantage. Other teams would have to pay more, higher salary to give the player the same amount of take home money, but teams could compete for signing/acquiring players
The biggest downside I see to this proposal would be inflated player salaries, instead of GM's using the luxury tax as intended, in case of injury or to compete with tax-free states, they just inflate player salaries by like 20%. So maybe cap the tax at $10M ?
Or I don't know if this is too complicated, but some sort of clause in a players contract that makes said players contract eligible to be applied to the luxury tax. Then you put a limit, something like maximum 2 or 3 contracts per team that can be applied towards the luxury tax.
Long as shit I know, but I think it could work. Just don't think owners would ever want to pay the players more, that's why they introduced the cap in the first place. From a players/fans perspective I think it would be great.