Albany's Property Tax Duo
 
 
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Suffolk Life Editorial
November 27, 2007
by Joseph L.Andretta,CPA 

The Assembly's plan would establish an Education State Inspector General to investigate school district irregularities of any type and from any source. Employees would enjoy whistle-blower protection. The superintendent and treasurer would be required to attest to the accuracy of financial reports. New civil and criminal penalties would deter fraud. The similar Federal Sarbaynes Oxley Law proved to be a successful tool for cleaning up public companies.

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This may well be the watershed year. With grossly depressed home values, the home equity spigot closed, $100 oil and a looming recession, politicians may face their own peril if they fail to get serious about school taxes. But two wanna-be solutions have percolated out of Albany: The Assembly's top-shelf plan and the Senate's barren bill.

 

 

Assemblyman Mike Fitzpatrick's "Property Tax Protection Plan" addresses this multi-faceted problem head on. At its core is a cap limiting school tax increases to the lower of 4% or inflation. Massachusetts and, more recently, New Jersey, have successfully implemented such a cap. Even the governor indicated interest. For those fearing 4%, the cap can be overturned via majority vote, while excepting spending for capital projects and student population growth. The end result is an increase north of 4% and an unintended windfall. Responsibility for funding state mandates would boomerang back to Albany lawmakers. Since mandated items would surely remain an integral part of any curriculum, mandates would evolve into additional state aid. Fitzpatrick's plan empowers smaller districts to pool medical insurance, which reduces cost without sacrificing coverage. A smart detour has the state providing sophisticated data-mining software to detect Medicaid waste and fraud. (Medicaid is the counties' second highest tax burden.)

Last year's Suffolk County Tax Reform Commission popped the school income tax trial balloon with a resounding "NO"! According to The NY Policy Institute, New York State recently ranked highest nationwide for per capita tax. Shifting the burden between different taxes and taxpayers won't fly. Joe Bruno's Senate bill, "NY-STOP," offers district residents the opportunity to vote away their school tax altogether. One of its many flaws is the failure to indicate how $9+ billion dollars per year will be replaced. Did someone whisper "income tax?" As for high costs and corruption? Bruno defers responsibility to a Blue Ribbon Commission. The Senate bill does provide seniors with relief from the very tax it eliminates! I would have preferred to write more about the Senate's bill. Regretfully, there is little more to address. However short on specifics, and dodging responsibility for fraud, high costs, and the inevitability of a new income tax, senators unanimously passed this masterpiece.

Unlike the Senate, the Assembly seems inclined to address issues rather than pursue dubiously deserved kudos. Residents now need to support their Assembly. Taking pen in hand, and phone to ear, may not be a bad idea. With a comprehensive solution within reach, we need our Senate on board. Given the NYS Legislature's dysfunctional history, can they pull it off?

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