Clause in proposed property tax deal could allow tax caps to be lifted

by Troy Kehoe (tkehoe@wsbt.com)

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Property tax relief clause could allow appeal of property tax caps

The property tax reform bill includes a clause that would allow some taxing bodies to appeal to have the new caps temporarily lifted. (WSBT photo)

By WSBT News1

SOUTH BEND — After months of intense negotiations, property tax relief for thousands of Hoosiers could be just hours away from becoming a reality. But some worry the final vote on the long awaited bill could end up being meaningless, because it would include a "bail out" clause for local governments.

That clause would allow some taxing bodies to appeal to have the new caps temporarily lifted.

Some say the caps at 1 percent for homeowners, 2 percent for rentals and agricultural land, and 3 percent for businesses could mean big revenue losses for local counties, cities and schools. It would save homeowners an average of about 25 percent on property tax bills statewide, but much of that lost funding would be taken from revenue sources created for local governments.

Mayor Steve Luecke (D) estimates the loss at $18 million per year for South Bend alone. That could mean the loss of up to 65 city police officers, 62 firefighters, and 30 parks and recreation workers. The latest estimates put St. Joseph County's loss under the plan at around $64 million.

But some homeowners are convinced there is still a solution.

Ray Flynn is one of them.

Like many of his neighbors, he watched the property tax bill on his home of 20 years skyrocket last year, and he's been pushing for change ever since.

"I'm concerned about the direction they're going," he said. "I think people are looking for some real relief, especially in this area."

But some local leaders say that change could mean disaster to counties, cities, schools and libraries, leaving them with no way to make up millions in lost revenue.

On Thursday, key state lawmakers presented their solution. It's called the "Distressed Unit Appeal Board," and it would be made of five members, appointed by the governor, as well as an appointee to represent counties, cities, towns and schools. Indiana's Speaker of the House would also appoint a member.

The new appeals board would have the ability to temporarily lift the new tax caps for any local government with revenue cuts exceeding 5 percent.

School districts that stand to lose more than 2 percent would also have money allotted by the state. $50 million would be set aside in 2009, and $70 million set aside in 2010. That money would be split among school corporations that qualify across the state.

Some state lawmakers say the plan would help local taxing bodies adjust to the new property tax system. But local leaders say it won't solve the problem because it doesn't them give any new ways to raise money.

"The legislature has failed the residents of St. Joseph County," said Mayor Luecke. "They are not providing the opportunity to replace revenues lost by the property tax caps. I don't have much faith in the Distressed Unit Appeal Board. [Legislators] could've solved this issue very simply by leaving the local income tax to replace the dollars lost, and then it wouldn't have been needed."

"It still feels like a job half done," agreed St. Joseph County Commissioner Mark Dobson (R). "This doesn't embrace or encompass any of the "Hometown Matters" basket of revenue replacement options that we have long supported, and it doesn't include any of the 27 recommendations from the Kernan-Shepherd report."

That report, issued by the so-called "Blue Ribbon Panel" commissioned by Gov. Mitch Daniels, studied ways to streamline state and local government in Indiana.

Commissioner Dobson says the legislature didn't go far enough.

"I guess they are tossing us a bone, but at the same time, they want us to be the bad guys that say, 'We can't make things happen, so we'll go appeal it."

But some taxpayers like Flynn argue it goes too far, and essentially makes property tax reform meaningless.

"It's self defeating," he said.

When asked if he's frustrated over it, he replied "of course."

Dobson says he understands why.

"I couldn't blame them if they feel that way," he said. "They're looking for significant reform, and leadership on that, and I don't feel we got that from downstate with this compromise bill. And it may be forcing the local units to go back and make that appeal."

Both Dobson and Luecke say they, and the Indiana Association of Cities and Towns, have pushed for the General Assembly to give local taxing bodies the option of using other revenue sources to raise additional funding, like a food and beverage tax, hotel/motel tax, or local option sales or income tax.

But they say lawmakers haven't listened. And because of that, some say they may have few options left.

"South Bend will lost $18 million a year. So, yes, there will be layoffs," said Luecke.

"Significant layoffs will still have to happen this year," agreed Dobson. "Unless [legislators] start significant reform in the structure of local governments, we're going to be right back in the soup a few years from now."

Saturday, Mar 15 at 8:06 PM Goshen wrote ...

Why do they think they are entitled to this money? It's our money, not theirs! Everything was okay before they raised our property taxes so much. Why can't they see that the money was never theirs to begin with, they never needed it, and don't deserve it now!

Friday, Mar 14 at 10:28 PM Islander wrote ...

C'mon guys. Give Mayor Steve a break. He's started trimming....the mustache is gone. Hey, it's a start.

Friday, Mar 14 at 9:05 PM Paul wrote ...

I'm tired of all those politicians who are crying about the lost revenue. They seem to forget that our local schools, police, fire, & governments seemed to function perfectly well just a few years ago when our property taxes were 1/2 of what they were last year. Quit crying and exercise some fiscal responsibility.

Friday, Mar 14 at 6:45 PM Tribune wrote ...

Our politicians just don't get it, especially Luecke and Rea, it is time to find someone that understands they work for us or they don't work here anymore.

Friday, Mar 14 at 5:21 PM MiMiPLR wrote ...

The exemptions for St Joe and Lake counties are rewards for financial mismanagement. Let's hope Gov Daniels vetoes the bill so the counties will be forced to come up with succesful plans to work within a viable budget, and not at the expense of the tax payers. Isn't that what they are paid to do? Anyone could be an elected official if all they had to do was complain about "not enough money."

Friday, Mar 14 at 4:44 PM Cathy wrote ...

I amr proud to say I didn not vote for any of these idiots that are taking St Joe co tax relief away. I knew I should have gotten a house in Elkhart, but stayed in St Joe for Penn schools. Boy is this county going to go downhill fast. So we pay mor ein property tax and increase in sales tax. Is this the definition lawmakers give to the word "fair" and "equitable". Where on earth did they get their education, because a moron gets it.

Friday, Mar 14 at 2:48 PM J.C. wrote ...

Im movin to Michigan, first chance I get.... Funny how they say we are in such debt when half of the county is under construction all at once. let's get project 1 done before we start project 2. Oh well next year I won't be dealin with this state. I'm also sure I won't be the only one movin either. Lets see how many tax dollars they collect when people abandon there homes because they cant afford the taxes. The county will turn to trash, so much for a nice community.

Friday, Mar 14 at 2:25 PM Pam wrote ...

What needs to be done is our local governments downsized, we have to many of them and assistance etc. Also our Schools what happened to just a principal and vice principa. I hear the there are assistants to each principal and vice principal and assistance to assistance. Come on people cut the administation down and see how much money you have then, maybe the teachers then could also get a pay raise. With the merging of our fire stations in the townships this will also be saving us money.

Friday, Mar 14 at 1:41 PM ModGod wrote ...

Even if you got the tax break it would make no difference. This country is just going to bleed us all dry by raising the prices on everything else.

Friday, Mar 14 at 1:26 PM Anonymous wrote ...

VETO it gov. it is not fair and would be thrown out I bet in the courts. But the demos in Bauers district will re-elect the idiot, who is a bully and will not play fair. It is his way or no way. But as long as this county keeps electing demos to office as they do in Lake County, we will always have higher taxes. Please Gov veto this bill and make the idiots come back and work for nothing until they get it right.

Friday, Mar 14 at 1:00 PM TICKED OFF IN MISHAWAKA wrote ...

BOTH MAYORS CRY AND CRY BUT DOES THAT KEEP THEM SPENDING NO FROM ANNEXICATION NO THEY ACT LIKE TAX PAYERS HAVE BOTTOMLESS POCKETS FULL OF MONEY THEY DON'T. SO WITH BUSH, DANIELS, THE TWO MAYORS AND BAUER MAY GOD HELP US ALL.

Friday, Mar 14 at 12:40 PM John wrote ...

SJ and Lake counties will not get the benefit of the cap, but we will get the 1% increase in sales tax! How can we be expected to swallow this? We got the shaft, Thanks B PAT BAUER!!!

Friday, Mar 14 at 12:32 PM Help the taxpayer wrote ...

For the state legislators to penalize St. Joseph and Lake County is very unfair. Why do they single out these 2 counties? Local governments need to stop the spending and tighten the belts run themselves like a business. If they cannot work under a budget they should close. As usual the taxpayer continues to pay more. Indiana should be ashamed to have such outraegous property taxes compared to other states. People will start leaving this state because of the property tax gouging.

Friday, Mar 14 at 12:26 PM oh yeah wrote ...

Hello, where is the toll revenue going?

Friday, Mar 14 at 10:33 AM Anonymous wrote ...

It baffles me as to why your elected mayor( I didn't vote for him or any of the other tax mongers in office)feels he has to cut vital services instead of his pet projects.

Friday, Mar 14 at 10:20 AM Michael Kletka wrote ...

If the county and city governments would operate on the same priciples as the typical family has to they would be able to survive on less funds. If most of the rest of the state can operate under these property value percentages maybe we should talk to them and find out how they do it instead of threatening us with police and fire staff layoffs. Mayor Steve, is that really where you make your cuts first???

Friday, Mar 14 at 9:13 AM Tony wrote ...

They are trying to tell us that the cap in St. Joe and Lake is to cover the expenses before this bill. What makes us think that they will ever be on budget? The Governor has the right idea! He said it should be fair. And that local governments should stop spending. Read his comments and you can see that he is on our side. We should impeach all those who are behind this plan.

Friday, Mar 14 at 8:53 AM Mr. Sarcasm wrote ...

Poor Steve. He had no choice but to ask for this. He really didn't want to. He's really a nice guy. He loves every one of us. NOT

Friday, Mar 14 at 8:33 AM Anonymous wrote ...

will mishawaka still annex the toll road now?

Friday, Mar 14 at 6:51 AM Anonymous wrote ...

I still haven't seen anyone defend these bozos. Where are you morons that voted for these morons? You must be really proud right now.

Friday, Mar 14 at 6:46 AM Isn,t it grand wrote ...

Because the leaders of St Joe county can,t control their check book. we get a higher property tax. Remember this at the voting booths.

Friday, Mar 14 at 6:46 AM Jeff Mitschelen wrote ...

I remember 2% sales tax in IN. it worked then why not now...What does the state have against businesses that provide the jobs to pay the taxes..shifting the tax burden does NOT solve the over priced state spending problem

Friday, Mar 14 at 6:40 AM Ed wrote ...

God forbid the local (or any) governments would cut spending; or elected officials take a pay cut. So the fear I had will now happen and that is a higher sales tax and most likely no property tax relief. Another raw deal that will kill the average and low income people and the rich politicians and the buddies win again. Even if the caps stay in place I would save a whopping $250 in property tax but spend another $300-$400 in sales tax. Remember sales tax is on Gas and all utilities too.

Friday, Mar 14 at 4:36 AM mitch daniels wrote ...

stop all the whinning. time to show some leadership, steve! get rid of those political jobs first. stop the tax abatement, stop buying up land for so called redevelopment and then giving it way. stop funding he hall of fame. you need to provide the basic services first.

Friday, Mar 14 at 3:05 AM Derek wrote ...

Maybe Luecke should stop buying up property. Spending in the county has doubled. These politicians are money hungry. The county government is too big. They really care about the people huh? No wonder people are leaving SB, what a crock. Vote Republican!!!

Friday, Mar 14 at 1:44 AM John Wesley wrote ...

Well good voters, remember all of this and at the first chance get rid of one of the biggest problems for out states financial situation, your own B Pat. As long as you keep putting him in office, your tax costs are going to continue to go up.

Friday, Mar 14 at 1:32 AM Anonymous wrote ...

why dont the politicians take a pay cut they dont deserve to be pain what they are paid anyway wish i could go to work and cry all day and get paid what they get paid

Friday, Mar 14 at 12:19 AM Ford Power wrote ...

I'm tired of all the crying by the mayor. The city has over spent. The county hasn't raised the local tax so theyu have to pay for their lack of getting things done. To bad. We the property owners need the relief and now.

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