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Sunday, January 04, 2009

Ind. Law - Another editorial on "Approving a proposed constitutional amendment that would put limits on property-tax bills, so it can be put on the ballot for ratification in 2010"

Following on a long list of earlier ILB entries, the Evansville Courier & Press has this editorial today. Some quotes:

Few state laws have so powerful an impact on Hoosiers that they are recognized by their numerical signature by taxpayers and public officials alike. One state law that is that familiar is House Bill 1001, the state's property tax law passed in the last session of the Indiana General Assembly.

Local government officials and homeowners who closely follow taxes and spending are so engaged in the issue that their conversations routinely include someone saying "1001 this" and "1001 that."

They all know that 1001 is the law that, among other features, will cap property taxes, bringing down to earth the tax bills for Hoosier homeowners, many who were hit the year before with crippling bills. * * *

This newspaper strongly supported the passage of HB1001, but we fail now to see the necessity of sealing those caps in the state constitution.

It comes down to this: Daniels and others want to make it as difficult as possible for future legislatures to get rid of the caps.

Those caps are effective tools for controlling the burden on taxpayers. And, they are the law of the state, facing no serious threat for reversal.

But we believe it is too nearsighted to tie the hands of future lawmakers, say 10 to 20 years down the road. Nobody can know now what challenges they will face.

Look at it this way. If Hoosiers want to insure that the legislature will not reverse the caps featured in HB1001, then elect lawmakers who promise to keep the caps in place.

At the same times, legislators are extremely sensitive to the wishes voters. They are not likely to lift the caps without a very good reason — a reason that no one can foresee today.

At the least, let's give the tax law time to work. As State Rep. Russ Stilwell, D-Boonville, told Corbin, "One needs to know what the impacts are before we unilaterally stick it into the constitution."

HB1001 is a good law, as is; keep it that way.

This editorial's continued reference to "HB 1001" is problematic. There is a "House Bill (HB) 1001" in every session. To refer to the version of HB 1001 that was passed by the General Assembly in 2008, the correct reference is House Enrolled Act (HEA) 1001 of the 2008 session. Even better is reference to its Public Law number, which in this case is P.L. 146-2008.

"10 or 20 years down the line", a reference to "HB 1001" will result in nothing but confused stares.

Of equal or greater concern, as has been noted before in the ILB, is the fact that much of this law is not in the Indiana Code.

Posted by Marcia Oddi on January 4, 2009 09:08 AM
Posted to Indiana Law