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Tuesday, December 30, 2008

Ind. Law - Yet more 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"

Updating this ILB entry from Dec. 7th, Bryan Corbin of the Evansville Courier & Press reports today in a lengthy story that begins:

INDIANAPOLIS — Property tax caps passed in March by the Indiana Legislature were praised at the time as a money-saver for homeowners but also reviled by some officials because they ratcheted down the flow of dollars to local government services.

As the Legislature convenes Jan. 7, the other shoe is about to drop. Lawmakers will be asked to begin the process to write those property tax caps into the state constitution.

The difference is significant: A law, or statute, can be overturned through majority votes of the House and Senate, along with a governor's signature. An amendment to the state constitution, once ratified, is much harder and more time-consuming to reverse.

Supporters say amending the property tax caps into the constitution would protect taxpayers and prevent the statutory caps from ever being overturned in court as unconstitutional.

"This is an extremely important objective. I think it's better for everyone here if the General Assembly finishes its part of this process now," said Republican Gov. Mitch Daniels, who originally proposed the tax caps in his relief plan last year.

Opponents say more time is needed to determine the caps' effect on funding local governments and public safety, so they advocate waiting a year.

"One needs to know what the impacts are before we unilaterally stick it in the constitution," said Rep. Russ Stilwell, D-Boonville.

Posted by Marcia Oddi on December 30, 2008 10:57 AM
Posted to Indiana Law