Tag Archives: Proposition 13

David Lazarus: “We Can’t Afford Prop 13 Anymore”

Last month I took the LA Times to task for framing the current budget deficit as a spending problem, and wondered why nobody at the paper seemed interested in focusing on the fact that what California has had for decades is a structural, deliberate revenue shortage.

David Lazarus has taken up the challenge. In today’s column he says what many of us have been arguing for many, many years: Prop 13 must go.

It’s pretty simple, though. Either we spend less money or we raise revenue, or both.

All things considered, our friends in Sacramento aren’t going to suddenly discover the value of frugality — unless packed schoolrooms, broken bridges and crumbling levees are your idea of satisfactory quality of life.

So that means we need to get our hands on some extra cash. And like it or not, that means taxes. That’s a bad word, I know. But it’s how things work in the real world.

Proposition 13 is as good a place as any to start if we want to raise some serious coin and we want to do it soon.

“It’s terrible economics,” said Lenny Goldberg, executive director of the California Tax Reform Assn. “We have the heaviest tax on new investment and no tax on windfall.”

What he means is that Proposition 13 allows the state to reach deep into the pockets of people and businesses that buy property at market value. But it does precious little to get a piece of the action from those with long-held properties that have soared in value over the years.

Amen.

Lazarus does a good job of explaining some of Prop 13’s basic unfairness while also proposing some fixes that avoid hitting elderly and working-class Californians with unaffordable tax bills.

One proposal, which the California Tax Reform Association has already discussed, is to again assess ALL commercial property at market values, instead of giving them the same protections Prop 13 gives to residential property:

Assessing all commercial property at market values could add $5 billion more to state coffers, Goldberg estimated.

“The assessment of commercial property is the biggest hole in the state’s tax system,” he said. “It’s completely indefensible.”…

If the older portions of the Disneyland resort were assessed at the same level as newer ones, he observed, Orange County would be raking in millions of dollars more each year in revenue. This, in turn, would make the county less reliant on assistance from the state.

“It’s only fair,” Goldberg said.

Not only is it fair, but it’s fitting. This WHOLE tax and budget mess got its start not with Prop 13, but with the little-known AB 80, enacted way back in 1967. AB 80 was the Prop 13 of the commercial real estate market, limiting dramatically the ability of local government to use commercial property to pay for its services.

This began the cascading effect that brought us to Prop 13 and, ultimately, to the present crisis. Many California cities had artificially low residential property taxes in the ’50s and ’60s, using higher assessments on commercial property to fund services. When AB 80 disallowed that, the residential rates had to rise. The inflation of the 1970s saw the cost of providing services soar, and that had to come from higher residential property taxes. However, many homeowners had come to see the low taxes of the ’50s and ’60s as a kind of birthright. And so California in the 1970s was consumed by a series of property tax battles, especially at the local level. Prop 13 was the right-wing’s endgame, designed to radically settle the issue in favor of a small group of homeowners at the expense of state government and future buyers.

Even though commercial property values have already begun and will continue to fall along with the collapse of residential values, there is hardly any viable scenario that sees commercial property returning 1980 levels. In fact, at the moment, even the pessimists see real estate returning to 1998-2000 levels, maybe 1994 (the previous bottom) at worst. Assessing commercial properties at fair market value would still capture billions in new revenue even in a recession.

The Cal Tax Reform Association has a number of similar proposals that they claim can raise $17 billion, even without a direct frontal assault on Prop 13. I’ve mentioned their proposals before and will do so again later this week – it’s time we put them at the center of the conversation in California.

But on a deeper level, David Lazarus has begun a discussion that is 30 years overdue. Even if the discussion isn’t easy. Whenever anyone even mentions tweaking Prop 13, people tend to freak out – even at Daily Kos, so-called liberal Democrats in California attacked yours truly for daring mention Prop 13 reform.

The problem is that not enough Californians yet see how Prop 13 works against their interest. The savings on the property tax bill isn’t worth the lack of health care, the inaccessibility of education, and the decaying infrastructure that is starting to cripple our economy. Prop 13’s effect was to create a homeowner aristocracy in this state, where a lucky few who bought homes before, say, 1985 are able to withstand better the economic storms lashing the state, while the rest of us suffer to maintain their privilege.

Lazarus’ column was sparked by an LA Times report that Arnold planned to assess a “fee” on homeowner insurance policies to pay for fire protection. As Lazarus so aptly puts it:

A surcharge on insurance that’s based on a property’s replacement cost, and hence much of its market value. That may not be an honest-to-goodness property tax increase, but it’s about as close as you can come without getting your hair mussed.

It’s too much to hope that Arnold instinctively understands the problem of Prop 13, and in fact he has positioned himself as one of the staunchest defenders of it and its legacy. But as I explained back in October, much to the OC Register’s chagrin, the lack of fire protection is a direct consequence of anti-tax activism. If Arnold is willing to raise revenues for firefighting, he is implicitly opening a door that the rest of us should run through.

Right on, David Lazarus, for reminding us that we’re never going to get out of this budget crisis until we revisit Prop 13. At least someone at the Times gets it!

Tax Kabuki in Santa Clara County

I lived and worked in Santa Clara County for years, so I have a soft spot for its politics. For the last month or so, I’ve been following the attempt by the Santa Clara County Board of Supervisors to levy a half-cent sales tax in order to finance new public transit . . . though that’s not and can’t be the official reason. The strictures of California tax law imposed by Proposition 13 and its progeny require a particularly ridiculous form of kabuki.

[More on the flip]

Santa Clara County’s supervisors say they’ve made no deal to spend part of a proposed new half-cent sales tax on the planned BART extension to Silicon Valley, but the first formal message by the campaign promoting the tax places BART squarely before voters.

The ballot argument, filed last week by the Silicon Valley Leadership Group, includes “BART, Caltrain, Light Rail and transit service for seniors and the disabled” among the “high-priority local needs” worthy of being funded by the proposed county tax increase.
But just how much would go to those specific projects — or any others — is something the supervisors who will control the money can’t tell voters before the June 6 election without opening themselves to a legal challenge. The result looks likely to be a campaign of hints but no promises, carefully crafted to imply popular projects will be favored, but without committing to them.

“The conundrum for us is that this is a general tax,” said Palo Alto Mayor Judy Kleinberg, who is trying to decide whether voters in her city should support the measure. “So when we ask questions about what this will do for our community or even for the region . . . we can’t get an answer. We’re told, `We can’t tell you, but trust us because in the past we’ve done right by you.’ ”

The uncertainty about the ballot measure — and the mixed messages voters probably will hear — are rooted in the supervisors’ decision Feb. 28 to pursue a 30-year “general purpose tax,” which needs only a simple majority to pass. If supervisors had specified where the money would go, the ballot measure would have become a “special tax” and require two-thirds approval from voters.

What’s happening here is that under SB566, (October 2003), counties (and cities) can put a general revenue sales tax increase before the voters, in a sort of mini-referendum. But, a simple majority of the vote in favor is adequate to enact the tax. I’m not a huge fan of this model (that’s why you elect representatives, after all), but it makes far more sense than the Proposition-mandated counterpart for special taxes, which requires a 2/3 vote to approve a sales tax which would fund a specific project or program. This requirement was imposed on SB566 by Proposition 13 (See CA Const. Article 13A, Sec. 4), Proposition 62, and again by Proposition 218.

Although the general consensus is that public transit is in need of more funding in Santa Clara County, it would be almost impossible to fund public transit specifically, thanks to the series of anti-tax propositions. So, everyone involved has to go along with a general tax, with the tacit understanding (and ultimately, the hope) that it will be used for additional transit.

I’m on record already (and will be much more often) as disliking earmarked taxes and expenditures (as is proposed, for example, in Proposition 82). I believe that we elect representatives to manage those things, and earmarking specific revenue flows breaks that process badly, removing flexibility, denying the possibility of expertise, and reducing political accountability. In this case, however, the anti-tax crusaders have created a painfully stupid situation for the county. The supervisors can’t even make a political promise that they’ll use the funds from the general tax a certain way. They have to say “We can’t promise anything.”

Proposition 13 and its stepchildren mandate wink and nod politics of the worst sort. And maybe that’s what their sponsors intended. Or maybe it’s the law of unintended consequences (a conservative mainstay, at least for conservatives of the Burkean sort) rearing its head yet again. Structural reform is clearly in order, on this and a host of other issues.

Californa Blog Roundup: Special Bond Edition

In which we investigate what various folks think happened to the bond measure last week.

Political Tactics

Structural Problems

  • Here at Calitics, Brian and our learned commenters point out that California’s supermajority requirement for bonds and budgets and the Proposition 13 revenue handcuffs actually cause most of the gridlock. Schwarzenegger is not much of a leader, but Sacramento is hard to lead.
  • Last, Frank Russo of California Progress Report points out that the question before the legislature wasn’t whether to approve the bond measure, but to let the voters approve it. The Republican’s refusal to do so was essentially a minority veto.

My take on it is pretty simple. The Republicans in California want to be the party of “tear it all down” just like the national Republicans. But since they can’t get a majority in the legislature, all they can be is the party of “no more progress, ever” by means of the supermajority requirements. Schwarzenegger is only a very little bit different. He’s a one-man party of “no progress except through Schwarzenegger”.

Last week, the Republicans in the legislature exercised their minority veto on the “except through Schwarzenegger” clause. No progress, ever. It’s that simple. And honestly, though California needs the infrastructure work badly, I can’t feel sorry for Schwarzenegger that his own party shot him down. After last year’s abusive and expensive failed hard-right Schwarzenegger power grab, this has the scent of poetic justice for Arnold.