Mar 02, 2005 - 23:16:18 CST
A proposal to swap large property tax cuts for substantial increases in North Dakota's sales and income taxes proved too radical for the state Senate, which overwhelmingly defeated the legislation. It got two votes."Some day, I think that we perhaps will fund education according to a formula very similar to this," said Sen. Layton Freborg, R-Underwood, the chairman of the Senate Education Committee. "But today ... we believe that perhaps, it's ahead of its time."
Senators voted 45-2 on Wednesday to reject the bill, which has been one of the top attention-grabbers of the 2005 Legislature. The Education Committee had recommended unanimously that the measure be defeated.
It sought to abolish school general fund property taxes, while increasing North Dakota's sales tax from 5 percent to 7 percent, and imposing a 33 percent surtax on top of state individual and business income tax payments.
Sens. Connie Triplett, D-Grand Forks, and Harvey Tallackson, D-Grafton, voted for the legislation. "I do agree that this is a radical bill," Tallackson said. "But we need to do something radical to stay out of the courts."
A group of school districts has filed a lawsuit in state district court in Williston, arguing North Dakota's system of providing aid to local schools is too reliant on property taxes and does not finance an adequate public education. The lawsuit has not gone to trial.
The legislation's sponsors, Reps. C.B. "Buck" Haas, R-Taylor, and Gil Herbel, R-Grafton, said afterward they were surprised the bill got only two Senate votes. Both said the result would not stifle an ongoing debate about how to lessen schools' dependence on local property taxes.
"I think political will, and a resolve to solve the problem, is what it's going to take on the part of legislators," Haas said. "Without that resolve, nothing is going to happen ... Two more years of study is not going to do anything for this issue. We have studied it to death."
A school district's general fund property tax pays for operating expenses, including salaries and supplies. The average tax rate is now 195 mills, the Department of Public Instruction says. The bill sought to reduce the rate to zero, although school boards could re-impose a tax of up to 80 mills if two-thirds of their members agreed.
North Dakota's Tax Department estimated the higher income and sales taxes would raise $576 million over two years, while giving property tax payers $427 million in savings during the same period.
Supporters of the bill disputed the estimate, saying it assumed all districts would assess the maximum 80-mill property tax rate. Haas estimated the net tax increase was closer to $14 million, instead of $149 million, over two years.
Sen. John Andrist, R-Crosby, said during Wednesday's Senate debate that the proposal looked innovative at first.
"But the more we looked at it, the more we began to realize ... how destructive this could be to our economy, in so many ways," Andrist said.
Freborg said he worried that the legislation's new 80-mill property tax limit would inexorably rise as schools demanded the ability to raise more money locally.
Sen. Ryan Taylor, D-Towner, said he was uncertain the legislation had broad public support, particularly because of its advocacy of a higher state sales tax.
"I think the effort to decrease property taxes across North Dakota is not over," Taylor said. "I think the effort to put more statewide dollars into our school system is not over ... I wish there weren't so many loose ends on this bill, but unfortunately there are, and our time is short."
The bill is HB1512.


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