"IT IS THE DUTY OF THE PATRIOT TO PROTECT HIS COUNTRY FROM THE GOVERNMENT." - THOMAS PAINE (1737-1809)


Thursday, March 27, 2008

A TOUCHDOWN FOR TAXPAYERS!

For many of you skeptics out there who believe the average citizen has no impact on the way government is run, here is a story that may make you change your mind.

The Indianapolis Colts are getting a brand-new stadium to play in: the $700 million Lucas Oil Stadium courtesy of the Indianapolis area taxpayers. They used to play in the RCA Dome, but the powers-that-be decided the RCA Dome (less than 25 years old) wasn't good enough anymore and wanted a new stadium for the Super Bowl champs.

Taxpayers would foot the majority of the bill for the new stadium; the Indianapolis Colts and the NFL will only pay $100 million towards the $700 million price tag. In addition, the Colts get all the revenue from the naming rights to the stadium, all game day revenue, and any other revenue from events held at the stadium.

The RCA Dome will also be torn down even though it still carries a bond debt of $75 million, and taxpayers will continue to pay for a building that no longer exists (deja vu-Market Square Arena).

The Marion County Capitol Improvements Board began making plans to auction off the contents of the RCA Dome (everything from urinals to signs to stadium seats) with all the proceeds going to the Indianapolis Colts Foundation and the Indiana Sports Corporation in a deal made by the CIB and FORMER Mayor Bart Peterson. What would the taxpayers get from the auction of their public property? Zilch!

The Indy Star newspaper carried the article about the RCA Dome auction.

The Marion County citizens became outraged at this public slap in the taxpayers' face and rightly so. Radio stations, local activists, and blogs spread the news and mobilized citizens. Taxpayers began pressuring the Marion County Capital Improvement Board to reverse their decision. Taxpayers made it clear to the CIB "business as usual" was no longer going to be tolerated.

A lawsuit was immediately filed on behalf of Marion County taxpayers; the lawsuit contending since the RCA Dome was built using taxpayer money, all money from the proceeds of the auction should go back to the taxpayers and used to help pay off the bond debt for the RCA Dome.

Facing overwhelming public outrage and a lawsuit, the Marion County Capital Improvement Board changed their decision on the auction proceeds. Money from the auction (at least $1 million clear) will now go back into the CIB's general fund.

Touchdown for the Marion County taxpayers!

Thursday, March 20, 2008

GOVERNOR DANIELS, LT. GOV. SKILLMAN SIGN HISTORIC PROPERTY TAX REFORM BILL INTO LAW

REFORM CALLED VICTORY FOR HOOSIER TAXPAYERS

Today is an historic day for Indiana. At 1:00 p.m. this afternoon in the Statehouse rotunda, Governor Daniels, House Speaker Pat Bauer, Senate President Pro Tempore David Long and I signed HB 1001, the property tax relief bill, into law.

You will find details of the plan below. This plan will usher in a new era of taxpayer protection in Indiana thanks to some great cooperation and compromise in the Statehouse.

Taxpayers will no longer be asked to open their pocketbooks to pay for government's overspending. Instead, government will have to operate within its budget and learn to maximize every taxpayer dollar.

I am proud to have the opportunity to stand among the Hoosier lawmakers who worked with us to pass meaningful property tax relief. We will be kicking off a new era in Indiana-one that puts Hoosier homeowners first.

LT. GOVERNOR BECKY SKILLMAN

Wednesday, March 19, 2008


Key elements of HEA 1001

The plan adopted by the General Assembly meets all four of the key elements laid out by Governor Daniels as essential to providing meaningful and lasting property tax reform in Indiana.

Immediate Relief

**Homeowners will see an average tax cut of more than 30 percent in 2008 vs. 2007 bills

**2008 homeowner relief increased by $620 million - the total expected collection from the
sales tax increase - bring the 2008 total homeowner relief to $870 million

Permanent Protection

**The plan caps homeowner property taxes at 1 percent of a home's assessed value starting in2010. (In 2009, the cap will be 1.5 percent)

**The plan caps property taxes for apartments and agricultural land at 2 percent of assessed value in 2010 (In 2009, the caps will be 2.5 percent)

**The plan caps business property taxes at 3 percent of assessed value in 2010 (In 2009, the cap will be 3.5 percent)

**When caps are fully in place, the plan delivers $1.72 in tax cuts for each $1 of new sales tax.

**This plan takes the first step toward placing the caps in the Indiana Constitution. Taxpayers will get a chance to approve the caps in the November, 2010 general election only if lawmakers approve them again next year.

**The plan caps homeowner property taxes at 1 percent of a home's assessed value starting in 2010. In 2009, the cap will be 1.5 percent.

**State takes over about $3 billion of costs that were previously on local property tax rolls:
**The remaining 15 percent of school operating costs
**Child welfare levies
**Costs of juvenile incarceration in state facilities
**State fair and forestry levies
**Health care for the indigent
**Pre-school special education levies
**Costs of police and fire pensions pre-1977

Limits on Local Government Spending

**Referenda required for new school and local government capital projects.
**For elementary and middle school projects over $10 million
**For high school projects over $20 million
**For local government projects over $12 million or 1 percent of assessed value
**Eliminates loopholes on levy appeals that previously enabled local governments to
spend more than budgeted
**County Council oversight of non-elected board budgets

Improved Accuracy and Fairness in Assessment of Property Value

**Reduces the total number of assessors from 1,100 to 92 county assessors and 42 township assessors, an 88 percent reduction.

**Requires referendums this November in townships with more than 15,000 parcels to determine if township assessor duties should be transferred to the county

**Increased requirements for assessor certification that will mean more equity, uniformity and fairness

**A process in place to remove an assessor who does not meet performance expectations.

**Stronger state oversight with the Department of Local Government Finance required to be party to any vendor contract

Other Elements of HEA 1001

**Provides transition period to ease the impact of the property tax caps on local government

**Provides special accommodations for Lake and St. Joseph counties, due to their high property tax rates and heavy reliance on property taxes to fund local government services

**Provides $120 million for schools in 2009 and 2010 to reduce the impact of the tax caps

**Increases school "rainy day" fund to ensure adequate funding is available in the event of an economic downturn

**Limits property tax bill increases to no more than 2 percent annually for seniors who make less than $30,000 annually (single) or less than $40,000 (joint), if the assessed value of their homes is $160,000 or less.

**Increases renters deduction from $2,500 to $3,000.

**Increases earned income tax credit for lower-income Hoosiers from 6 percent to 9 percent.

Saturday, March 15, 2008

TEAM HAMMOND MEETS WITH GOVERNOR DANIELS ON PROPERTY TAX REFORM


From left: Wes Miller, George Janiec, Ted Prettyman, Eusebio Alvarez, JoAnn Palko, Governor Mitch Daniels, and Jim Premeske

For all those doubting Thomases, here is proof positive that Team Hammond members did in fact meet with Governor Mitch Daniels on Friday, March 7, 2008 in his private suite at the Radisson Hotel in Merrillville. Team Hammond met with the Governor in an hour-long meeting to discuss property tax reform, referendums, the distressed unit board, and controlling government spending. Members also addressed specific concerns and were reassured by the Governor property tax reform would be forthcoming in the current legislative session.

Friday, March 14, 2008

THE SWISS CHEESE BILL-SCHOOL CONSTRUCTION IMPACT

As far as holding down school construction, there is one major glitch in the compromise.

That is the referendum requirements for local building projects. Setting the limit for schools at $10/$20 million is a farce. Now instead of having a single project, the big project, other than classroom buildings, will be broken into many small projects, and other than the remonstrance process, these projects will skate right under the referendum limit.

A retired school financial administrator illustrated the situation by using Washington Township , Marion County as an example:

"Currently there is a bond issue for a total of $50 million including several projects which are all under the $20 million limit if considered individually.

There is also a proposal to renovate practically every building in the school district at a total estimated cost of $180 million, but if you take each of the 11 projects separately the total for each would be slightly over $16 million, and this is below the cap for a referendum. All the school district has to do is seek approval for 11 different projects and they have skated under the limit. As long as the remonstrance process remains in place there is still a way for local residents to control the school district, but we both know the referendum process is much more burdensome on the community than a realistic level of capping projects for a referendum."

The school construction problem has not been fixed.

From Greg Wright, School Board Member
Washington Township School Board, Marion County
Friday, March 14, 2008

Thursday, March 13, 2008

PROPERTY TAX AGREEMENT REACHED

Leaders in the Republican-controlled Senate and Democrat-controlled House have struck a deal on major property-tax reform legislation, including constitutional caps on the taxes for most homeowners and others.

A vote by both chambers is expected on Friday, if not sooner.

Top lawmakers in each chamber are today selling the proposal to their rank-and-file members. The legislature has until midnight Friday to pass House Bill 1001, the measure that includes the property-tax proposal.

All members of the House and Senate were meeting behind closed doors today to learn details of the agreement.

House Speaker B. Patrick Bauer, D-South Bend, however, did discuss a few elements of the plan before meeting with fellow Democrats. The proposal includes the framework of Gov. Mitch Daniels' property-tax plan, capping homeowners' tax bills at 1percent of assessed value, 2 percent for rental properties and farmland and 3 percent for businesses.

The agreement also would include placing those caps in the state's constitution, a concept Democrats have resisted. When asked this morning whether such a constitutional amendment would be part of the final deal, Bauer responded: "Probably."

There would, however, be exceptions.

House Minority Leader Brian Bosma said that under the agreement, the caps would not be applied to Lake and St. Joseph counties, two areas of the state that would have been hit the hardest under the caps. Bosma declined to detail what kind of standard those two counties would be held to.

"The speaker has been very insistent that those counties be treated in a different fashion," Bosma said. "That certainly would not be my choice."

Bosma did say, however, that Marion and all the rest of the state's remaining 90 counties would be held to the caps under Daniels' proposal.

The agreement also includes referendums on building projects. Bauer, however, said referendums only would be required for projects of a certain size. He did not detail what threshold would be required for a referendum.

"Up to a certain size, you can go ahead and build, but if it's up higher you have to do a referendum," Bauer said. "So we tried to keep really big projects under a referendum but the moderate ones not. The very, very big projects would have referendums."

Democrats had pushed to have all classroom and lab projects excluded from referendums while Republicans pushed for referendums on all building projects.

The agreement also would keep a Senate provision that would eliminate township assessors in townships with fewer than 15,000 parcels. In more populated townships, a referendum would determine whether to keep or eliminate township trustees.

Under the deal, local units of government that could not make ends meet due to revenue lost by the plan's property tax caps could appeal to a Distressed Unit Appeal Board, which would have the power to temporarily lift caps or take other steps to help a city, town or school district adjust to the property-tax caps.

The agreement also includes $50 million in 2009 and $70 million in 2010 to assist schools districts that would lose revenue under the caps.

"Those who need to govern can continue to govern. Those who need to educate can continue to educate," Bauer said of the deal. "I think we have a fairly good balance."

Lawmakers declined to discuss many of the additional details of the agreement, citing the need to discuss the matter with fellow lawmakers first.

"I'm encouraged that there is an agreement. Am I thrilled with the content of the agreement? No, I'm not," Bosma said. "It meets much of the framework the governor proposed in October and that the Republicans endorsed as well. It's absolutely better than nothing."

House Ways and Means Chairman Bill Crawford, D-Indianapolis, called the agreement "tolerable."

Crawford said he remains "extremely concerned" that the levies that are being moved off property taxpayers and to the state will prove too expensive for the state to maintain in an economic downturn. State revenues have fallen nearly $90 million behind expectations in recent months."

It's going to make budget-making next year extremely difficult," he predicted.

Among the levies that Republicans have wanted to be picked up are school general funds, child welfare, juvenile incarceration, school pension bond debt and the pre-1977 police and fire pensions.

Lawmakers did not detail this morning which levies the state would assume under the latest agreement, which Rep. P. Eric Turner, R-Marion, called a "great compromise."

A conference committee report reflecting the agreement is being drafted at the Statehouse. The next step would be for the conference committee considering HB 1001 to approve the deal. Then, HB 1001 would move before the House and Senate for final votes.

"If I had my druthers, I would do it tonight," Bauer said of a final vote. "We probably can't do it today. It takes a while to have this processed. I would hope we would be able to do it tonight, but it probably will be tomorrow."

Regardless of when a final vote is taken, Bauer said it's clear leadership in the Senate and House are on the same page. The remaining task is to convince their members to agree.

"We have an agreement, period," Bauer said. "It's basically compromise all the way through."

From the Indy Star
Thursday, March 13, 2008

Blunt Proof of the Feasibility to Permanently Abolish Property Tax

IMMEDIATE RELEASE
Media Contacts:
Melyssa Donaghy 317-938-8913
Max Katz 765-409-6669
www.HoosiersForFairTaxation.com

BLUNT PROOF OF THE FEASIBILITY TO PERMANENTLY ABOLISH PROPERTY TAX.
Hoosiers For Fair Taxation, Senator Delph, Representative Noe, Representative Elrod and many other legislators along with Stop Indiana, attorney John Price, Eric Miller's Advance America, and the Statewide Taxpayer Alliance know that property tax abolishment, without substantial increases in sales tax and income tax, is realistic and possible. The economist Dr. Bill Styring's 2/2/2 Plan demonstrates that the state of Indiana can completely replace property tax without changing the state's current spending habits.

Dr. Styring's plan does not account for positive changes in Indiana's economy that will undoubtedly follow the elimination of property tax such as heavy real estate investment and increased consumer spending due to increased statewide disposable income. The real estate investment in Indiana alone would cause such an economic boom that it could likely end our abandoned property and foreclosure crisis. Property tax elimination would also likely cause a surge in Indiana's population as more people locate to Indiana to take advantage of real estate purchase opportunities without the burden of property tax. With the population surge would come more sales and income taxes.

The General Assembly does not have to adopt a specific plan until the year 2011. In the meantime, we recommend that the General Assembly approves the 27steps outlined in the report prepared by the Sheperd Kernan commission. While the Governor's commission cannot forecast the savings to the state once the plan is implemented, there is no doubt that the savings would be substantial--perhaps equivalent to the the entire property tax burden currently placed on Indiana's homeowners because our legislators have not had the political will to liberate Indiana's governing structure and her taxpayers from the 19th century.

Our citizen networks will work to replace all legislators who do not support property tax repeal in the November 2008 election.

The 2/2/2 Plan, to replace property taxes in Indiana based upon the latest revenue forecast (07/08 fiscal, estimate):

1) Current IN sales tax (state level rate of 6%): $5.601 billion2% increase would yield an additional $1.867 billion

2) Current corporate profits tax: ~$2 billion

2% increase would yield an additional $.286 billion ($286M)

3) A 2% statewide average of the COIT would yield $2.705 billion to cover local civil units of gov.

By adding these three together ($1.867 billion + $.286 billion + $2.705 billion), a total of $4.858 billion is realized; enough revenue to replace property taxes.

PROPERTY TAX HISTORY PREPARED BY DR. BILL STYRING
Indiana has a 70-plus year history of attempts to lower property taxes by raising other, non-property taxes. In every case these have failed miserably. The new taxes, or higher rates on old taxes, remain in place. And, in short order, property taxes rise back to their old levels, poised to roar even higher.

--1933. General Assembly imposes two new taxes: an individual gross income tax and a corporate gross income tax. The morgue of the Indianapolis Star indicates that the political leadership at the time said this was for property tax relief (1933 was the pits of the Great Depression, and people were losing their homes. Home prices declined by over 40% in the 1929-1933 period). Property tax relief was nonexistent. The state used the money to bail out the state's own finances.

--1963. General Assembly imposes a new sales tax at a rate of 2% and changes the 1933 individual gross income tax (from 1933) to an adjusted gross income tax (the one we have now) at a rate of 2%. Again, the ostensible reason was for property tax relief and again little PTR was forthcoming.

--1967. Those 1963 tax changes were raising more money than projected. The GA decides to give back 8% of sales and income tax revenue to local government for property tax relief. Local units spent the money. No PTR.

--1973. Gov. Otis Bowen launches the most determined PTR offensive yet. The sales tax goes to 4% and a new corporate supplemental net income (profits) tax is imposed. Strict property tax levy controls are imposed. It works... for a time. By 1980, property taxes adjusted for inflation are some 30% lower than in 1973. When Bowen leaves office the levy controls are relaxed. By the end of the decade, property taxes (adjusted for inflation) are back to 1973 levels. The doubling of the sales tax rate from 2% to 4% remains in place, along with the new corporate SNIT.

--2002. More fiddling with the sales tax in the hope of property tax relief. The results of this are obvious, or we wouldn't be debating the current property tax mess. All of this suggests that unless the property tax is totally ripped up by constitutional amendment, the assessment and collection mechanism dismantled, it will grow back. The PTR-inspired hikes in other taxes remain. That is our history. It is a terrible deal for taxpayers.

2. A vote in the 2008 legislative session for a constitutional amendment to repeal property taxes does not amend the constitution. It merely starts the amendment process. Amendments must be passed by two consecutively elected General Assemblies, then submitted to a referendum. Thus any amendment passed by the '08 Assembly must be passed by either the 2009 or 2010 legislatures, then submitted to the voters at the 2010 general election. The General Assembly does not need to decide on a "replacement revenue" package until the 2011 session.

3. What might such a "replacement revenue" package look like? The particular answer will come from the 2011 General Assembly and cannot be determined now (if for no other reason than forecasting state level taxes and property taxes out that far would be a most unreliable exercise. No one need be locked into any particular plan just yet. However, as an illustration that a replacement plan is feasible and less scary than many fear (we don't need to be talking about a 12% or 13% sales tax ... in fact, we should not be), consider just this one possibility.

Local sales taxes are generally very bad policy, for a whole host of reasons too numerous to mention in this short sketch. Sales and corporate taxes are best levied at the state level. It happens that roughly a 2% increase in the sales tax and a 2% increase in the corporate profits tax roughly take care of school propertytaxes. The loss of local control by the state assuming school property taxes is minimal. About the onlylocal control left is on building projects.

For local civil units, a statewide average increase in the individual adjusted gross income tax of about 2% suffices to replace local civil government property taxes, higher than 2% in some units, less than 2% in others.

Thus, a "2-2-2" plan~2% sales and 2% corporate profits at the state level for schools and a 2% average on personal income taxes for civil units—is about what would be needed. This is merely a ballpark projection to 2011.

There may be better plans, it's really a policy question for the General Assembly: do you want to make the trade of something like this in exchange for no-property-taxes-forever-on-anything? Everyone understands "zero."

4. Are there "practical problems? Of course. The two identified are how to make the civil government transition from a property tax base to an income tax base, and how to handle debt backed by property taxes. Without elaborating, the former can be handled using locator software (Map quest-type programs). The debt problem might be handled by treating the current state paid PTRC's as in lieu of property taxes (which they are) and paying PT-backed debt service from each unit's own PTRC.

Conclusion: Total elimination of the property tax via constitutional amendment is the only way to give property tax relief that will stick. The other tax action necessary to achieve this goal—in 2011-are large but not so scary as "a 13% sales tax." They are feasible. The question is for the General Assembly. Are we going to once again go down that 70-odd year path of failed PTR policies or are we going to rip the property tax up by the roots?

Posted by Hoosiers For Fair Taxation on Friday, January 4, 2008.