The continued drumbeat for property tax reform is reflected today on
our Commentary page where a civic leader and a state legislator advocate
dramatic changes in the system. No question local tax increases around the
state in this reassessment year have triggered an explosion of protests.
But caution also is in order. Some of the relief proposals that are being
floated are so polarizing, particularly those tied to constitutional
amendments, that their advocates risk dooming any real chance of
reform.
There is one straightforward idea that could provide substantial
homeowner relief without even requiring a constitutional change. That
proposal would increase the state sales tax by 2 percent with the money
earmarked as a new source for funding education.
Unlike other local governments, school boards rely exclusively on the
property tax to supplement the money they get from the state. In
Charleston and Berkeley counties, for example, big hikes in school
budgets, coupled with reassessment, hit many taxpayers particularly hard
this year.
The new sales tax funds would be used to supplant much of the local
school tax paid by homeowners, which represents more than half of most
countywide tax bills. Senate President Pro Tempore Glenn F. McConnell, a
strong advocate of homeowner relief, tells us that from a legal standpoint
it does appear owners of single-family dwellings still would have to pay
the debt service on previously issued capital improvement bonds.
That legal point is only one of many that must be carefully considered
when lawmakers start trying to revolutionize the most basic form of
taxation in the state. The state constitution is very clear in its
requirement that property be assessed at fair market value for tax
purposes.
Previous efforts by lawmakers to tinker with that requirement through
state law rather than allowing voters to decide if they want to change the
constitution have been struck down by the state Supreme Court. Most
legislative leaders now seem to acknowledge that sweeping reform would
require constitutional changes. But it takes a super majority to put such
proposed changes on the ballot. Proposals that would take away
long-standing property tax authority from cities and towns are in for some
rough sledding.
The fact is that the state constitution makes education a state
responsibility. A good argument can be made - indeed a judge hearing a
school financing case may soon dictate - that the state should pay the
entire education tab. The proposed increase in the state sales tax to
supplant the property tax is a justifiable move to relieve the homeowner's
tax burden.
But a House proposal to take away the right of cities and counties to
impose a property tax on residences is a far different matter. Under that
plan, money from an increased sales tax would be sent back to local
governments on a formula basis. According to our report, Sen. Hugh
Leatherman recognized the political appeal of the idea. But he also
recognized the pitfalls. 'I have real concerns,' he said, 'about taking
over city and county financing.' As well he should.
Education is a clear state responsibility. The constitution says so.
Running cities and counties is not a role for the state Legislature. Past
legislative efforts to parcel out money to local governments have been
mired in politics and bizarre formulas.
We don't doubt that there will be some sort of constitutional amendment
on the November ballot aimed at altering the fair-market-value test of
taxing real property. But that may not be as easily sold to the voters as
some lawmakers now seem to think.
There is a fail-safe, time tested way to provide reassessment relief
that worked until a decade ago when it was repealed by the General
Assembly. State law used to force local governments to roll back taxes to
be virtually revenue neutral in reassessment years, a provision that would
have prevented the kind of school tax increases seen this year in many
counties. But for no good reason, lawmakers revised that law to allow
local governments to increase their budgets in reassessment years if they
held public hearings.
That was a mistake that can be easily remedied and that would resolve
much of the reassessment-year pain.
Lawmakers who are aiming for more sweeping reform would also be wise to
look at what is legislatively attainable next year, without reliance on
major constitutional changes that conceivably could go down in flames at
the ballot box.