Prop 13 Under Attack

Article Source: Howard Jarvis Taxpayer's Association

Howard Jarvis reports:

Supreme Court Ruling A Blow To Taxpayers

The California Supreme Court ruled today that taxes proposed by special interests using the local initiative process may not have to comply with taxpayer protections set forth in Proposition 13 and Proposition 218, the Right to Vote on Taxes Act, an HJTA sponsored statewide measure approved by California voters in 1996.

In response to the Court’s just issued decision in the case of California Cannabis Coalition v. City of Upland, Jon Coupal, President of the Howard Jarvis Taxpayers Association, issued the following statement:

“If local initiatives are exempt from critical taxpayer protections, then public agencies could easily deny taxpayers their rights by colluding with outside interests to propose taxes in the form of an initiative, then submitting a tax under a lower vote threshold than that currently mandated by the constitution. The worst case scenario would be if a local government were to rely on this case as legal authority to impose a tax without any election at all. However, if that were attempted, we would commence a new lawsuit immediately.”

“Ultimately, when taxpayers see how they are being burned by collusion between those seeking additional tax revenue, like government employee unions, and complicit local officials, it may be necessary to go back to the initiative process to close yet another court created loophole in Propositions 13 and 218.”

California Commentary

Raising property taxes for public pensions

By Jon Coupal

California’s iconic 1978 tax cutting measure, Proposition 13, was motivated by a desire to, first and foremost, limit out of control property taxes. To that end, the measure has been a remarkable success saving California property owners more than half a trillion dollars in its 39 year history. (Notwithstanding that achievement, California still ranks in the top third of all states in per capita property tax collections). Prop. 13 was less effective, however, in its secondary goal of limiting the growth in government spending. In fact, it is not unfair to say it has fallen far short given today’s high overall tax burden and the state’s profligate spending habit. Government remains California’s number one growth industry.

Some California citizens who voted for Proposition 13 almost four decades ago may have forgotten that the drafters were in fact concerned about government spending as well as tax relief. A few still contend that taxpayer groups such as Howard Jarvis Taxpayers Association should focus only on protecting homeowners against rising property taxes and avoid issues like the costs of regulation, environmental policies or the cost of public employee pensions. But fortunately, most astute taxpayers understand that their tax burden is inextricably related to government spending and that there are tremendous risks in failing to engage on government policies that drive up public costs.

One Illinois town has learned that the hard way. The city of Harvey has been ordered by a state appellate court to approve a property tax levy specifically for its firefighters’ pension. That court order, however, may be difficult to enforce given that Harvey already has effective tax rates of 5.7 percent for residential and 14.3 percent for commercial properties. (Under Proposition 13, the maximum tax rate for all real property is 1 percent).

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Robert Riechel

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Photo Credit: San Bruno CA Patch Archives

Source Credit: Howard Jarvis Taxpayer's Association

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