CITIZENS   FOR  LIMITED  TAXATION
and the
Citizens Economic Research Foundation

CLT UPDATE
Friday, November 4, 2005

HAPPY  25TH  BIRTHDAY  PROPOSITION 2½ !
November 4, 1980 - November 4, 2005


Proposition 2½ was passed by voters on Nov. 4, 1980. It was a revolution, a passionate and controversial ballot campaign; now, 25 years later, it is an institution.

Yes, once upon a time the property tax burden was the second-highest in the nation, which called us Taxachusetts....

A new study by CLT, available on its website, www.cltg.org, tracked the property taxes of nine individuals and families, including me, before and after Prop 2½. I pay $3,109 on my five-room cottage in Marblehead, assessed at $376,400 this year. If I had to pay the same annual increase I was paying during the 1970s, my taxes would be $6,710.

The Boston Globe
Friday, November 4, 2005
Celebrating Prop 2½
By Barbara Anderson


Once an initiative petition, then a controversial ballot question, Prop 2½ is now an institution....

Prop 2½, though generally beloved, has occasionally been misunderstood. Here are three of the most prevalent examples....

However, Prop 2½ cut the auto excise by 62 percent, and property taxpayers have saved a bundle.

The Boston Herald
Friday, November 4, 2005
Let the party continue for tax savings
By Barbara Anderson


Here's a scary thought for Halloween: What if Proposition 2½ had not been passed by the voters on Nov. 4, 1980? ...

The property tax limit may still scare people who like unlimited taxes, but it's safe to say that all homeowners, renters and drivers have saved a bundle over 25 years.

Happy Halloween-week birthday, Proposition 2½ — and many more.

The Salem News
Tuesday, November 1, 2005
Tax limits have put more money in your pocket
By Barbara Anderson


Twenty five years ago this week, voters put their leaders in their place....

The law is known as Proposition 2½, and it's as powerful today as it was a quarter of a century ago....

But the doom-and-gloom forecasts before Nov. 4, 1980 never really materialized. Crime did not become widespread, fires did not engulf entire communities and our kids continue to receive an excellent education. Just this month, Massachusetts students were rated tops in the nation in English and math....

The voters' message was that powerful. If there's one law that's a sacred cow in Massachusetts, it's Proposition 2½.

The Attleboro Sun-Chronicle
Monday, October 31, 2005
3 cheers for 2½
By Mike Kirby


A taxpayer revolt swept into Massachusetts on Nov. 4, 1980, hot on the heels of a similar uprising in California two years earlier. Despite nearly unanimous opposition from legislators, Bay Staters handily approved drastic changes in the way cities and towns collect taxes.

Proposition 2½, a citizens petition championed by a group called Citizens for Limited Taxation, permanently altered the conduct of local government....

While the new law also substantially decreased the automobile excise tax and changed the way police and fire contracts are negotiated, its primary goal was stabilizing and reducing property taxes. And for the most part it has worked....

Since 1983, overrides have been requested 3,509 times statewide and rejected 2,136 times, a failure rate just over 60 percent...

By giving voters the last word on sizeable budget increases, Prop. 2½ has stabilized property taxes, and made them more equitable. It's hard to argue it has corralled local spending, however.

The Eagle-Tribune
Sunday, October 30, 2005
Law gave voters final say on how much cities,
towns can spend


Once again, false compassion is oozing from the Statehouse.

No surprise there. Nor is it a surprise that it is aimed at one of the three sacred demographic groups that are always invoked every time politicians want to slip their hands a bit deeper into the wallets of those who have to pay the bill for their kindness — senior citizens, "the children" and "the less fortunate."

In this case, the pols are going for a two-fer. They contend that legislation now pending is about property tax relief for those who are both elderly and less fortunate.

Still, the hypocrisy should outrage us, even if it doesn't amaze us any more....

When is it going to register with politicians about who is really less fortunate here?

But of course, it does register. The pols know all this. Compassion for seniors is just a cover to mask the real agenda — too much is never enough.

The Eagle-Tribune
Sunday, October 30, 2005
Buying off the opposition with false compassion
By Taylor Armerding


This basic promise of equal opportunity and a fair chance in life was seriously undermined 25 years ago. Proposition 2½ created a patchwork quilt, instead of a uniform blanket of opportunity, for schoolchildren in Massachusetts.

Proposition 2½, passed by the voters of Massachusetts in 1980, limits the amount of revenue that can be raised for schools and other essential community services. It may have sounded reasonable at the time, but 25 years later, it's time to take a look around....

By hindering a community's ability to pay for needed services, Proposition 2½ has had a devastating effect that voters 25 years ago surely did not intend....

Beyond the damage to homeowners' property values, whole communities have been harmed....

Our state now ranks at the bottom in the amount of government spending as a share of personal income. We are 43rd among states in K-12 spending, 37th in public safety, and last among all 50 states in the share we invest in higher education and in parks and recreation....

Voters 25 years ago made a decision that helped determine the quality of our schools and our community life. That choice does not lie only in the past. The citizens of this great state, today, have choices, too. We can — and must — do better, Massachusetts!

The Salem News
Tuesday, November 1, 2005
Our children are chief victims of restrictive tax law
By Meg Ansara


Barbara Anderson's CLT Commentary

Dear CLT members:

It has seemed in recent years that Prop 2½ has become an institution, controversial only at the local level during override campaigns. But the enemies of 2½ are still out there, biding their time. Here is one, with my responses to her points of attack (in italics).

Our children are chief victims of restrictive tax law
By Meg Ansara

"Doesn't every child in Massachusetts deserve a fair chance in life? That's the historic promise of the cornerstone of American democracy — our public school system.

"A child of a fisherman, a child of immigrants, a child of a janitor — all have a shot at admission to Harvard as long as they get a good K-12 education in our public schools."

My response: So far, so good!

"This basic promise of equal opportunity and a fair chance in life was seriously undermined 25 years ago. Proposition 2½ created a patchwork quilt, instead of a uniform blanket of opportunity, for schoolchildren in Massachusetts."

My response: Where to start when debating someone who doesn’t know much? The locally-funded property tax has always created a patchwork quilt. That was the basis of the lawsuit, brought years before Prop 2½ was even on the ballot, which argues that children in different communities have different amounts spend on their education. CLT’s longtime solution, vouchers funded by existing state taxes, addresses this by giving each child in Massachusetts, no matter where he lives, the same amount of money to spend on the school of his parents’ choice.

"Proposition 2½, passed by the voters of Massachusetts in 1980, limits the amount of revenue that can be raised for schools and other essential community services. It may have sounded reasonable at the time, but 25 years later, it's time to take a look around."

My response: Look around and what do you see: K-12 per pupil spending that is 4th highest in the nation, 35 percent above the national average.

"Who could have anticipated, in 1980, the multimillion-dollar cuts in state and federal dollars Massachusetts communities have weathered in recent years?"

My response: Actually, we anticipated that pressure from Prop 2½ would force the state to finally start sharing more of its own revenues with the cities and towns. Before 1981, there were many promises: if voters allow an income tax, sales tax, lottery, they will be used to reduce property taxes. In 1981, we had all these taxes plus the second highest property tax burden in the nation, 70 percent above the national average, and very little local aid. Directly after Prop 2½, local aid increased over 10%, and has increased almost three billion dollars in 25 years. Most of this is earmarked for education. Since state aid is erratic and growth limited during state fiscal crises, communities should avoid overspending in good years.

"Who could have known the blow to budgets delivered by double-digit increases in health-care costs?"

My response: It is important to note that taxpayers also have trouble paying for heath care; raising their property taxes is not a solution, health care reform is necessary for both individuals and communities.

"Was anyone considering the boom we've experienced in our state's school-aged population or the cost of deferred maintenance for our aging roads and buildings?"

My response: Actually, at the time we were considering the drop in our state’s school age population, during which our property taxes kept growing. With school board fiscal autonomy (which Prop 2½ repealed), school committees had to be given any amount of money they wanted, no matter how much the school population declined.

"The arbitrary ceiling of 2.5 percent simply does not match reality. Costs of the everyday services our communities depend on — schools, police, libraries, public works — grow at a much faster rate. Factors such as energy prices, health insurance rates, and the cost of unfunded state and federal mandates are outside the control of those who deliver these vital local services."

My response: The percentage was recommended by Warren Brookes, economic columnist for the Boston Herald, who studied Prop 13 in California’s cut to 1 percent and computed that 2,5 percent would be a better goal here. I’d be happy with the 1 percent though. The property tax is regressive and especially hurts people on fixed incomes -– not just the elderly, but people who don’t get annual pay raises or lose their jobs.

There are two 2.5 percent ceilings. One is 2.5 percent of fair market value, which keeps rising, so that most communities are taxing far below that rate – because the second 2.5 percent allows the annual levy to increase only 2.5 percent no matter how much values go up. But even that 2.5 percent isn’t a limit on revenue or spending, only on property taxes, and it has often doubled with the provision for new growth. The per capita average annual levy increase has been .06 percent after inflation.

"By hindering a community's ability to pay for needed services, Proposition 2½ has had a devastating effect that voters 25 years ago surely did not intend. A study done at the 20-year mark found that the measure actually lowers property values. Researchers found: "The evidence is compelling that restrictions on a community's ability to raise taxes did lower its property values." (Lang and Jian, "Property Taxes and Property Values: Evidence from Proposition 2½," August 2000)"

My response: Warren Brookes predicted in 1980 that for every $1 saved in taxes, a property’s value would increase $10. Anyone following the housing market here finds that more believable than the study cited by Ansara.

"Beyond the damage to homeowners' property values, whole communities have been harmed. Immediately after the passage of Proposition 2½, many communities began making the first in a long series of serious cuts to schools and other municipal services. Class sizes have increased, textbooks have grown out of date, educational offerings have been reduced, aging buildings have been neglected, and critical police and fire services have been reduced to dangerous levels.

My response: Because of the pre-Prop 2½ school committee fiscal autonomy, local officials first looked at the uncontrolled school budgets after Prop 2½. But we still have the 4th highest per student spending in the nation. If the money is all going to teacher salaries and pensions, instead of textbooks and infrastructure, it’s not our decision. And overall, local spending has increased since Prop 2½.

"Our state now ranks at the bottom in the amount of government spending as a share of personal income. We are 43rd among states in K-12 spending, 37th in public safety, and last among all 50 states in the share we invest in higher education and in parks and recreation."

My response: Our state’s per capita total tax burden ranks 4th in the nation. Presumably it spends the money on something. And we are 4th highest in K-12 per pupil spending.

"But not all schoolchildren are suffering equally."

My response: This reminds me of the opponent during a post-2½ debate who referred to “the suffering children of Wellesley.” All communities, no matter how wealthy, complain that they can’t tax more.

"In part thanks to Proposition 2½, our state also leads the nation in the gap between our highest- and lowest-poverty school districts. Children in more affluent communities are educated with $1,343 more in public support than those in struggling cities. Wealthier communities are more likely to muster the support for overrides, widening the inequities that already exist."

My response: Another good argument for equal education vouchers for each child.

"At a time when our economic survival demands a better-educated work force, Massachusetts led the nation in 2002 to 2004 in cutting state funding for K-12 education. While most states spared K-12 education from budget cuts during these two years, we were one of four states that cut spending in both years. Massachusetts education spending dropped by 7.2 percent, compared to a nationwide average increase of 4.4 percent."

My response: But of course we start from a higher base!

"In a study of the impact of state fiscal policies on education, researcher Andrew Reschovsky found that 'the combination of cuts in state funding for education, the inability to adequately raise property taxes, and the rising costs of meeting new performance standards suggests that over the next few years there will be a significant increase in both the number of schools classified as failing and the number of students receiving an inadequate education.'"

My response: Education nationally needs more accountability for the money its taxpayers spend, more choice for its parents, less control by self-serving teachers unions.

"Proposition 2½ is a failed fiscal policy. It has placed our communities on a roller coaster of uncertainty and made them more vulnerable to economic downturns. Not only has it lowered property values, it has created a structural deficit that is eroding schools, public safety and other valued services."

My response: Prop 2½ is the best thing that ever happened to Massachusetts. It has returned control of school spending to town meeting and city councils, raised property values to incredible levels, saved property taxpayers thousands of dollars, and helped dispel the economy-damaging image of Taxachusetts.

"Stand for Children is a grass-roots movement of everyday people who refuse to sit by while our children's future is put at risk. We have helped pass Proposition 2½ overrides in Lexington and Arlington to lower class sizes and restore educational programs that had been cut. As a growing statewide organization, we are committed to moving beyond a piecemeal approach to improving children's chance in life. We welcome the involvement of everyone who recognizes the failures of Proposition 2½, and who wants to work with us to improve our state's investment in education."

My response: Stand for Children stands for higher taxes on the children’s parents, grandparents, and neighbors, regardless of their ability to pay.

"Voters 25 years ago made a decision that helped determine the quality of our schools and our community life."

My response: Yes, we did. Good for us. Schools and communities must now respect us, and should be grateful for the property tax revenues we still pay, 8th highest in the nation.

"That choice does not lie only in the past. The citizens of this great state, today, have choices, too. We can — and must — do better, Massachusetts! Stand with us for children, and for communities based on sound fiscal policies and a commitment to the well-being of all."

My response: Stand with CLT for limited taxes, respect from those we support with our taxes, and a stronger economy.


Meg Ansara is the Massachusetts state director for Stand for Children, an Arlington-based organization describing itself as "a citizen voice for children" that advocates "for improvements to and funding for programs that give every child a fair chance in life."

Barbara Anderson


The Boston Globe
Friday, November 4, 2005

Celebrating Prop 2½
By Barbara Anderson


Proposition 2½ was passed by voters on Nov. 4, 1980. It was a revolution, a passionate and controversial ballot campaign; now, 25 years later, it is an institution.

Yes, once upon a time the property tax burden was the second-highest in the nation, which called us Taxachusetts.

Over the decades, taxpayers had been promised lower property taxes in return for other revenue sources. So by 1980 we had a high income tax, a sales tax, a lottery, and high property taxes. Further, we were one of the few states with an automobile excise and something called school committee fiscal autonomy, which gave local schools any amount of money they requested regardless of the wishes of city councils or town meetings.

On top of this, instead of getting a fair share of state tax revenues in local aid, the cities and towns had to fund any new bright idea that came down from Beacon Hill. On top of that, the courts had just ordered all communities to comply with the state Constitution and assess all property at its full and fair market value. Many homes were assessed much lower; people imagined the community's existing tax rate being applied to their home's true value.

Between outrage at broken tax relief promises and panic about the coming revaluation, Proposition 2½ was born. Citizens for Limited Taxation collected signatures on an initiative petition that limited property taxes to 2.5 percent of a community's value, cut the auto excise from $66 per $1,000 to $25 per $1,000, gave renters an income tax deduction, repealed school committee fiscal autonomy, and forbade new unfunded state mandates on cities and towns.

Battle lines were drawn: CLT, the Massachusetts High Technology Council, the Massachusetts Auto Dealers Association, and the National Federation of Independent Business against almost everybody else. Leading opponents were the Legislature, the Massachusetts Municipal Association, the Massachusetts Taxpayers Foundation, the Massachusetts Teachers Association, and other public employee unions, various human service organizations, the Massachusetts Council of Churches, the Catholic Church, and, incredibly, the Massachusetts Association of Older Americans.

Union fliers featured either a picture of a gun shooting backward, titled "How Prop 2½ Works," or the heading "Cutting taxes? Or cutting our throats?" Human service fliers featured a senior with a walker, a young man in a wheelchair, and a couple of minority kids looking terrified.

There were debates galore, hours of talk radio devoted to the issue, yard signs, bumper stickers. The League of Women Voters held one-sided forums that presented only its point of view: "Prop 2½ will cause drastic cutbacks in basic public services."

Nevertheless, the people passed Prop 2½, 59-41.

Then the battle really began: public employee marches, demands for repeal. But the Legislature, getting the message, decided to work with the people's law. CLT teamed up with MMA, legislative Republicans, and conservative Democrats to get more local aid. Town finance committees finally had access to the overgrown school budgets.

With Governor Ed King promising a veto of any changes that would damage Prop 2½, a sensible provision for new growth was added, and the 2/3 vote for an override became a majority vote for various kinds of overrides, intended for bonding projects or emergencies. Local officials were more respectful of taxpayers whose support might be needed to pass them. Local aid increased almost every year. Opponents who had prophesied the end of the world looked silly.

Back then, of course, it was impossible to imagine voters raising their own taxes for operating expenses and teacher pay raises. Twenty-five years later, the property tax burden is still too high, at eighth in the nation. The long-term goal, to get education spending off the property tax, has yet to be realized. But individual taxpayers have saved a bundle on both the property tax limit, the rental deduction, and the auto excise cut.

A new study by CLT, available on its website, www.cltg.org, tracked the property taxes of nine individuals and families, including me, before and after Prop 2½. I pay $3,109 on my five-room cottage in Marblehead, assessed at $376,400 this year. If I had to pay the same annual increase I was paying during the 1970s, my taxes would be $6,710.

A family in Malden saved $5,834 this year alone. A recently married gay couple in Saugus saved $2,173. A straight married couple who raised three children in Scituate, $5,787. A widowed retired social worker in East Bridgewater, $1,260. A former military family in Billerica, $2,400. They all celebrate 2½, 25 years old this week.

Barbara Anderson is executive director of Citizens for Limited Taxation, which created Proposition 2½.

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The Boston Herald
Friday, November 4, 2005

Let the party continue for tax savings
By Barbara Anderson


Proposition 2½ is 25 years old this week.

Once an initiative petition, then a controversial ballot question, Prop 2½ is now an institution. Older taxpayers remember that there was a time when property taxes in Taxachusetts were the second highest in the nation, 70 percnt above the national average. Younger taxpayers take the levy limit for granted and only know that if their community wants more taxes it has to ask voters for an override. C’est la vie!

Prop 2½, though generally beloved, has occasionally been misunderstood. Here are three of the most prevalent examples.

Misconception One: Prop 2½ caused revaluation, and increasing the assessed value of our homes was a way around it.

Fact: The Massachusetts constitution requires that all property be assessed at full and fair market value. For decades, residential property was assessed at only a portion of its value, with newer homes and businesses usually valued higher than older homes so that they paid more than their share of local taxes. Eventually some of those unfairly burdened taxpayers in the town of Sudbury went to court, and in 1974 all communities were ordered to revalue and assess all properties at full market value. Prop 2½ was a race against revaluation, drafted to require tax rates to drop as values increased.

Even today if a town were to double in value, the local tax rate would be cut in half, so higher values do not mean higher taxes to a community. Under Prop 2½, the levy is allowed to increase only 2.5 percent a year, plus a factor for new growth, and overrides if passed by voters.

However, in communities where commercial/industrial property is taxed a larger share of the total, recessions cause a shift from business onto residential taxpayers.

Misconception Two: Proposition 2½ will be with us forever.

Fact: Prop 2½ is only a statute and can be amended or repealed by the Legislature. However, while legislators initially opposed the initiative petition and some of them filed bills attacking it, to the Legislature’s credit most of them didn’t pass, and those that did were vetoed by Gov. Bill Weld. It helps to have a supportive governor, and constant vigilance.

Misconception Three: Proposition 2½ didn’t work. Fees were hiked, and my taxes are still too high!

Fact. Yes, they are. After Prop 2½ passed, the property tax burden dropped, but it is creeping up again and in 2002 was 8th highest in the nation. When we drafted the override provision as a safety net, it didn’t occur to us that voters would someday raise their own taxes, and those of their neighbors on fixed incomes, to cover local operating expenses and teacher pay raises.

The total per capita Massachusetts tax burden is still 4th highest in the nation. Per pupil spending is also 4th highest. Our long-term goal, to get education off the property tax, has not been realized, though increases in local aid for education are moving us slowly in the right direction. Fees increased, but they were increasing already before Prop 2½; unlimited governments can never get enough!

However, Prop 2½ cut the auto excise by 62 percent, and property taxpayers have saved a bundle. A new study by CLT, available on its website [www.cltg.org], tracked the property taxes of nine individuals and families, including me, before and after Prop 2½. I pay $3,109 on my five-room cottage in Marblehead, assessed at $376,400 this year. If I had to pay the same annual increase I was paying during the 1970s, my taxes would be $6,710. Happy birthday, Proposition 2½!

Barbara Anderson is executive director of Citizens for Limited Taxation.

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The Salem News
Tuesday, November 1, 2005

Tax limits have put more money in your pocket
By Barbara Anderson

Here's a scary thought for Halloween: What if Proposition 2½ had not been passed by the voters on Nov. 4, 1980?

Citizens for Limited Taxation (CLT) recently hired Gerald Amirault to research the impact of Prop. 2½ on some individual taxpayers, whose assessed values and tax rates could be traced by their local assessors back to 1970. Using an annual compounding factor, their average property tax increase was determined for those 10 years prior to 1980, along with their average increase in the 25 years since. From these figures we were able to determine what they would be paying this year if Prop. 2½ hadn't passed.

Of course this is a "what if" study. It could be speculated that if Prop. 2½ had not passed, angry voters might have eventually abolished the property tax altogether. Or after continuing years of the third highest taxes in the nation, there may have been a population exodus and property value decline.

The CLT study assumes a status quo over 25 years, with compliant taxpayers, and property values that increase despite the tax burden on owners.

Since government can never get enough, so it is assumed that even without Proposition 2½, the trend toward higher user fees, particularly water, sewer and trash fees, would have continued after 1980. Some of the tax increases during this period were the result of Prop. 2½ overrides or debt exclusions, with all but one of the communities studied having passed at least one. What follows are case studies of nine actual tax-paying households in Massachusetts. I begin with myself.

Taxpayer A, in my five-room cottage that was purchased in 1975.

Property value, 2005: $376,400. Tax bill: $3,109.

Average annual property tax increase before Prop. 2½: 8.81 percent. Average annual increase since Prop. 2½, even with several Marblehead overrides: 5.38 percent.

If the pre-Prop. 2½ trend had continued, my present property tax bill would be $6,710. I saved $3,601 this year alone!

Taxpayer B, a Marblehead businessman living with his wife and four children in the small cape that was built by his lobsterman grandfather. Located on Marblehead Harbor, it has always carried a relatively high assessment. So the savings for Taxpayer B is a relatively small $617 this year. However, he also owns the property next to Taxpayer A, which he rents to ...

Taxpayer C, a taxpayer activist who pays part of the $4,032 tax bill in his rent on this cottage that is assessed at $488,100 because it's attached to some rare Marblehead open space. The savings from Prop. 2½ on this property: $6,341 this year alone.

Along with the property tax levy limit, Prop. 2½ created a rental deduction from the state income tax, and cut the annual auto excise rate from $66 per $1,000 of valuation to $25 per $1,000. The tenant also deducted $2,448 from his state income tax for this year, and saved $77.99 from the auto excise cut.

Taxpayer D, a couple, now in their early 50s, bought their four-bedroom colonial in 1977 and raised three children, one still at home. The city of Malden, where she teaches, has never had an override. The taxes increased 5.75 percent a year on average during the 1970s and 0.966 percent annually after Prop. 2½ became law, saving them $5,834 this year alone.

Taxpayer E, an orthodontic lab technician and illustrator of children's books, with two dogs and two cats, reside in a Topsy-style, four-bedroom cottage near the water in Scituate, where the couple raised three children as they added rooms. Their savings this year was $5,787.

Taxpayer F, a semi-retired executive-federal official-educator and his wife, who have three sons and five grandchildren, live in a home now valued at over $1 million in Rockport, which has had many overrides and debt exclusions. Their annual tax increases before and after Prop. 2½ were not as dramatically different as those of the other taxpayers — 7.985 percent before, and 6.249 percent afterward. Nevertheless they saved $5,520 this year.

Taxpayer G, a couple that has lived together for many years in a modest home with a swimming pool. One is a systems analyst and the other was appointed by then-Gov. William Weld as the official astrologer of the commonwealth. They have two dogs. Their taxes increased 3.083 percent a year on average until Saugus had the highest vote for Prop. 2½ in 1980. Since then the average increase has been 0.906 percent and they saved $2,173 this year alone.

Taxpayer H, a retired Air Force master sergeant and his wife, raised four sons in a Billerica bungalow, where two sons still live and they entertain three granddaughters. They saved $2,400 this year toward the one-story home they are building.

Taxpayer I, a recent widow with one grown son, has just retired from social work and lives in her East Bridgewater family home, inherited from her grandmother. She saved $1,260 this year.

The property tax limit may still scare people who like unlimited taxes, but it's safe to say that all homeowners, renters and drivers have saved a bundle over 25 years.

Happy Halloween-week birthday, Proposition 2½ — and many more.

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The Attleboro Sun-Chronicle
Monday, October 31, 2005

3 cheers for 2½
By Mike Kirby


Twenty five years ago this week, voters put their leaders in their place.

The date, Nov. 4, 1980, is famous because it was the day Ronald Reagan defeated Jimmy Carter for president, launching the conservative revolution that continues across America today.

But here in Massachusetts, voters made history by passing a law that the political establishment just hated. When the law first appeared before the Massachusetts House, it was rejected by a vote of 155-5. Virtually every mayor, every selectman, every school committee chairman in the Bay State opposed it. But the voters loved it, approving it by a margin of 60-40 percent. In the Attleboro area, support was even greater, 67 to 33 percent.

The law is known as Proposition 2½, and it's as powerful today as it was a quarter of a century ago. There's hardly a meeting in a Massachusetts city hall or town hall in which the rules demanded by the voters on that day don't come into play. The rules basically come down to this:

* Property taxes and automobile excise taxes are limited to 2½ percent of their value.

* Cities and towns can't increase property taxes more than 2½ percent a year.

Enforcing the rules was difficult at first, no doubt. Attleboro area communities had to cut property taxes by $5.3 million the first year alone, a lot of money at a time when most town budgets were still in seven figures. Excise taxes were slashed by 62 percent. Attleboro and Norton each had to cut their property tax levies by 15 percent. Attleboro lost more than 200 school positions.

But -- to their credit -- Massachusetts leaders got the message quickly. State aid to communities, which had been minuscule compared to most states, increased dramatically. Within five years of its passage, municipal spending was up 13.1 percent in the Attleboro area, thanks to a huge increase in state aid.

Some may argue that the state, which now controls the pursestrings, has too much authority over local government. But the doom-and-gloom forecasts before Nov. 4, 1980 never really materialized. Crime did not become widespread, fires did not engulf entire communities and our kids continue to receive an excellent education. Just this month, Massachusetts students were rated tops in the nation in English and math.

It happened because voters put their foot down. Taxpayers were getting socked with huge property tax increases each year, despite weak attempts by the Legislature to curb local spending. Leaders, both at the state and local level, seemed either unable or unwilling to make the tough decisions to put an end to it.

So the voters did it for them. They rewrote the rule book. Sometimes, those rules are tough to live by, but the smart leaders know how to deal with them.

And they know that they can't be changed. Because Proposition 2½ is a law and not a constitutional amendment, it is subject to change and even abolition by the Legislature.

It's not going to happen. The voters' message was that powerful. If there's one law that's a sacred cow in Massachusetts, it's Proposition 2½.

So next time if you're wondering if you should bother voting, remember Nov. 4, 1980, the day the voters of Massachusetts let the politicians know who is boss.

Mike Kirby is editor of The Sun Chronicle.

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The Eagle-Tribune
Sunday, October 30, 2005

Law gave voters final say on how much cities,
towns can spend
By Steve Landwehr, Staff writer


A taxpayer revolt swept into Massachusetts on Nov. 4, 1980, hot on the heels of a similar uprising in California two years earlier. Despite nearly unanimous opposition from legislators, Bay Staters handily approved drastic changes in the way cities and towns collect taxes.

Proposition 2½, a citizens petition championed by a group called Citizens for Limited Taxation, permanently altered the conduct of local government. For the past 25 years, cities and towns have had to limit any increase in the amount of money raised via the property tax to no more than 2.5 percent each year, plus a factor that takes into account any new construction.

While the new law also substantially decreased the automobile excise tax and changed the way police and fire contracts are negotiated, its primary goal was stabilizing and reducing property taxes. And for the most part it has worked.

Gone are the days when taxes varied wildly on the same street, and longtime residents paid far smaller tax bills than newcomers moving into similar homes across the road. Prop. 2½ requires that all property be assessed at its "full and fair cash value," and be reassessed every three years.

Gone, too, are dual tax rates — one to raise money to run schools, the other to pay for other town business — and school boards that spent without any oversight.

Increases beyond what Prop. 2½ allows require approval by a majority of voters, and an analysis of a quarter-century's worth of records shows they've balked at those tax hikes more than half the time.

Since 1983, overrides have been requested 3,509 times statewide and rejected 2,136 times, a failure rate just over 60 percent, which is mirrored in Essex County.

Data kept by the state Department of Revenue shows that overrides have become a fact of life in most of the region's towns, and are all but unheard of in the cities. Sizeable commercial and industrial bases have allowed Beverly, Danvers, Gloucester, Methuen, Newburyport, Peabody, and Salem to conduct business each year without ever asking for an override, or permanent increase in their operating budgets.

With small or nonexistent business districts, smaller towns haven't had the same luxury. Homeowners foot nearly the entire bill for school and town services, and face frequent override requests. The DOR records indicate that for the most part, those requests are likeliest to win approval in the wealthiest communities.

Rowley has placed more overrides on the ballot than any other Essex County community in the last 25 years. But it has not been a case of "ask and you shall receive." With a median household income of $62,130, voters in Rowley have only approved 12 of those overrides.

Jack DiMento has been chairman of the town's Finance Committee for a dozen years. One reason the town has had so many override requests is that officials have adopted a policy of offering voters a "menu" of small budget increase choices each year.

When residents were asked for general budget overrides, DiMento said, "We were getting killed, getting nothing."

By contrast, Boxford town officials have requested 46 overrides in the same time period, and having by far the county's highest median income, $113,212, voters have gone along with the overrides 25 times — more than any other community. Neighboring Topsfield, where the median income is $96,430, also has been generous with override approvals, granting eight of the 16 requested.

Hamilton voters have also passed more than half of the 30 budget increases they've voted on, but 10 of those were not permanent. They were for a string of road improvements that, once completed, were dropped from the annual budget. The median income in the town is $72,000.

At $27,983, Lawrence has the lowest median income in the county, and voters have rejected all four overrides they've faced since 1980.

Swampscott residents are considerably wealthier, with median household incomes of $71,089 a year. Yet before last spring, they had only been asked for one override, and approved it.

Town Administrator Andrew Maylor said that parsimony has come at a cost — decreased town services. He surveyed staffing at town halls recently and found Swampscott has five to seven fewer employees than similar communities. He also noted residents already pay annual average property taxes of $5,600, making it hard to ask them to approve even higher bills.

While Prop. 2½ has made the process of putting a budget together easier — town finance directors can accurately predict how much revenue they'll have each year — in Maylor's view it has also prevented some necessary philosophical discussions.

Because overrides can be so divisive, "it's made it in some ways difficult to get into a deep debate about what the community really needs," Maylor said.

The state data indicate town officials are becoming more astute at judging when to ask for more spending money. Between 1990 and 1999, only 34 percent of overrides countywide won approval. But since 2000, the approval rate has soared to 80 percent.

By giving voters the last word on sizeable budget increases, Prop. 2½ has stabilized property taxes, and made them more equitable. It's hard to argue it has corralled local spending, however.

A 1989 study in the American Journal of Economics and Sociology found that by 1990, per-capita property taxes in the state were still well below their 1980, pre-Prop. 2½ levels. Yet in the same 10-year time frame, fees and other nontax charges nearly doubled — more than making up the revenue lost due to lower property taxes.

Locally, that trend continues, in the form of new or increased fees for everything from building permits to participation in school sports.

A taxpayer revolt swept into Massachusetts on Nov. 4, 1980, hot on the heels of a similar uprising in California two years earlier. Despite nearly unanimous opposition from legislators, Bay Staters handily approved drastic changes in the way cities and towns collect taxes.

Proposition 2½, a citizens petition championed by a group called Citizens for Limited Taxation, permanently altered the conduct of local government. For the past 25 years, cities and towns have had to limit any increase in the amount of money raised via the property tax to no more than 2.5 percent each year, plus a factor that takes into account any new construction.

While the new law also substantially decreased the automobile excise tax and changed the way police and fire contracts are negotiated, its primary goal was stabilizing and reducing property taxes. And for the most part it has worked.

Gone are the days when taxes varied wildly on the same street, and longtime residents paid far smaller tax bills than newcomers moving into similar homes across the road. Prop. 2½ requires that all property be assessed at its "full and fair cash value," and be reassessed every three years.

Gone, too, are dual tax rates — one to raise money to run schools, the other to pay for other town business — and school boards that spent without any oversight.

Increases beyond what Prop. 2½ allows require approval by a majority of voters, and an analysis of a quarter-century's worth of records shows they've balked at those tax hikes more than half the time.

Since 1983, overrides have been requested 3,509 times statewide and rejected 2,136 times, a failure rate just over 60 percent, which is mirrored in Essex County.

Data kept by the state Department of Revenue shows that overrides have become a fact of life in most of the region's towns, and are all but unheard of in the cities. Sizeable commercial and industrial bases have allowed Beverly, Danvers, Gloucester, Methuen, Newburyport, Peabody, and Salem to conduct business each year without ever asking for an override, or permanent increase in their operating budgets.

With small or nonexistent business districts, smaller towns haven't had the same luxury. Homeowners foot nearly the entire bill for school and town services, and face frequent override requests. The DOR records indicate that for the most part, those requests are likeliest to win approval in the wealthiest communities.

Rowley has placed more overrides on the ballot than any other Essex County community in the last 25 years. But it has not been a case of "ask and you shall receive." With a median household income of $62,130, voters in Rowley have only approved 12 of those overrides.

Jack DiMento has been chairman of the town's Finance Committee for a dozen years. One reason the town has had so many override requests is that officials have adopted a policy of offering voters a "menu" of small budget increase choices each year.

When residents were asked for general budget overrides, DiMento said, "We were getting killed, getting nothing."

By contrast, Boxford town officials have requested 46 overrides in the same time period, and having by far the county's highest median income, $113,212, voters have gone along with the overrides 25 times — more than any other community. Neighboring Topsfield, where the median income is $96,430, also has been generous with override approvals, granting eight of the 16 requested.

Hamilton voters have also passed more than half of the 30 budget increases they've voted on, but 10 of those were not permanent. They were for a string of road improvements that, once completed, were dropped from the annual budget. The median income in the town is $72,000.

At $27,983, Lawrence has the lowest median income in the county, and voters have rejected all four overrides they've faced since 1980.

Swampscott residents are considerably wealthier, with median household incomes of $71,089 a year. Yet before last spring, they had only been asked for one override, and approved it.

Town Administrator Andrew Maylor said that parsimony has come at a cost — decreased town services. He surveyed staffing at town halls recently and found Swampscott has five to seven fewer employees than similar communities. He also noted residents already pay annual average property taxes of $5,600, making it hard to ask them to approve even higher bills.

While Prop. 2½ has made the process of putting a budget together easier — town finance directors can accurately predict how much revenue they'll have each year — in Maylor's view it has also prevented some necessary philosophical discussions.

Because overrides can be so divisive, "it's made it in some ways difficult to get into a deep debate about what the community really needs," Maylor said.

The state data indicate town officials are becoming more astute at judging when to ask for more spending money. Between 1990 and 1999, only 34 percent of overrides countywide won approval. But since 2000, the approval rate has soared to 80 percent.

By giving voters the last word on sizeable budget increases, Prop. 2½ has stabilized property taxes, and made them more equitable. It's hard to argue it has corralled local spending, however.

A 1989 study in the American Journal of Economics and Sociology found that by 1990, per-capita property taxes in the state were still well below their 1980, pre-Prop. 2½ levels. Yet in the same 10-year time frame, fees and other nontax charges nearly doubled — more than making up the revenue lost due to lower property taxes.

Locally, that trend continues, in the form of new or increased fees for everything from building permits to participation in school sports.

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The Eagle-Tribune
Sunday, October 30, 2005

A Prop 2½ primer


Levy ceiling — The maximum amount of taxes any community can collect on real and personal property. It represents 2.5 percent of the full cash value of all properties. If cash value totals $100 million, the levy ceiling would be $2.5 million.
Levy limit — The maximum amount of taxes that can be raised in a given year. It can be no more than 2.5 percent higher than the previous year's levy limit (not what was actually raised in taxes) plus any new growth, such as new businesses or homes that have been built.

If the previous year's levy limit was $1 million, increasing it 2.5 percent results in a new limit of $1,025,000. If a community's property tax base increased by $15,000, that would be added to create a levy limit of $1,040,000.

Although some communities don't tax to their levy limit, leaving a cushion for emergencies, they gamble doing so. Any taxes not collected in a year are lost forever. Although the following year's levy limit goes up by 2.5 percent, any taxes not levied the previous year cannot be recaptured.

Override — Communities can permanently increase their levy limit by passing an override at the ballot box. The amount of the override is added to the previous year's levy limit, plus the automatic 2.5 percent increase and new growth, to set the new levy limit.

Using the previous example, if voters approved a $100,000 override, the levy limit would be raised to $1,140,000.

An override cannot be used to raise the levy limit above the levy ceiling.

Debt exclusion — A community can temporarily raises taxes higher than the levy limit or levy ceiling to pay off bonds for large projects, such as a new school. A debt exclusion does not permanently increase the levy limit. This is similar to a mortgage a homeowner would take on their dwelling.

Capital outlay expenditure exclusion — Another way a community can temporarily raise taxes even above its levy ceiling, typically for such things as purchasing new town vehicles.

Overrides, debt, and capital outlay expenditure exclusions all require a favorable majority vote at the ballot box.

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The Eagle-Tribune
Sunday, October 30, 2005

Buying off the opposition with false compassion
By Taylor Armerding


Once again, false compassion is oozing from the Statehouse.

No surprise there. Nor is it a surprise that it is aimed at one of the three sacred demographic groups that are always invoked every time politicians want to slip their hands a bit deeper into the wallets of those who have to pay the bill for their kindness — senior citizens, "the children" and "the less fortunate."

In this case, the pols are going for a two-fer. They contend that legislation now pending is about property tax relief for those who are both elderly and less fortunate.

Still, the hypocrisy should outrage us, even if it doesn't amaze us any more.

It's interesting, just for starters, that "less fortunate" would include those with homes worth as much as $750,000. But that, of course, is because this isn't really about being compassionate to seniors. If it was, legislators would dig into their own pockets to help pay somebody else's property tax bills. Instead, they want to dig into yours.

No, this is about feeding the government's insatiable appetite. Seniors, you see, tend to vote against runaway government spending, which is on a runaway pace despite their opposition. The median property tax on a single-family home in Massachusetts jumped 9 percent just since last year and has increased 38 percent since 2000.

So what better way to defuse their opposition than to tell them that when taxes go up, they won't have to pay? This, of course, from legislators and local officials who are forever lecturing me that there is "no free lunch" every time I ask them why the price of government "lunch" has to increase at two or three times the rate of inflation every year.

But even if this wasn't just about making it easier for municipalities to raise property taxes, it would be a bad idea. It is not necessary and it is unfair.

It is true that some senior citizens are poor and some are on relatively fixed incomes (although even Social Security is not a "fixed" income). But they are a small percentage of the elderly population. And there is already plenty of help available for those who truly need it.

Already, people aged 65 and older can claim a credit (not a deduction — a credit) on their state income taxes if their property taxes plus water and sewer fees are more than 10 percent of their income. The pending bill would cut that to 8 percent.

Already, seniors with homes valued at $441,000 qualify for this credit. The pending bill would raise that to $750,000.

Already, seniors in most communities qualify for property tax abatements.

Most significantly, if seniors are really strapped financially because their property taxes have skyrocketed along with the value of their home, they can start to tap all that increased value with a reverse mortgage.

Ah, but how cruel that would be, say senior advocates. These people have lived in their homes for decades and raised their families. Why shouldn't they be able to pass their homes on to their children, without burdening it with a new mortgage after they worked all their lives to pay the old one off?

Well, anyone can relate to that desire. I'd love to pass along my house, debt-free, to my kids. But why should the rest of the working people of the state have to subsidize my desire? Are legislators deliberately trying to start generational warfare? It's a bit like saying I should get a tax break because I don't want to dip into that $750,000 I spent my life saving and now have stuffed under the bed. I want to pass it along to my kids! I shouldn't have to spend it paying my bills!

Finally, seniors who are complaining about the increased value of their homes ought to be giving thanks that all they have to pay is the taxes on them. How would they like to be trying to break into home ownership at these prices? Who is more "deserving" of a tax break: One who has lived in a nice house for several decades, or one who is in his 30s or 40s and has never been able to own a home because of insanely high prices? Who is more deserving: A senior paying 15 percent of his income for property taxes, or a younger worker paying 30 to 50 percent of his income on a mortgage, taxes and other fees?

When is it going to register with politicians about who is really less fortunate here?

But of course, it does register. The pols know all this. Compassion for seniors is just a cover to mask the real agenda — too much is never enough.

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The Salem News
Tuesday, November 1, 2005

Our children are chief victims of restrictive tax law
By Meg Ansara


Doesn't every child in Massachusetts deserve a fair chance in life? That's the historic promise of the cornerstone of American democracy — our public school system.

A child of a fisherman, a child of immigrants, a child of a janitor — all have a shot at admission to Harvard as long as they get a good K-12 education in our public schools.

This basic promise of equal opportunity and a fair chance in life was seriously undermined 25 years ago. Proposition 2½ created a patchwork quilt, instead of a uniform blanket of opportunity, for schoolchildren in Massachusetts.

Proposition 2½, passed by the voters of Massachusetts in 1980, limits the amount of revenue that can be raised for schools and other essential community services. It may have sounded reasonable at the time, but 25 years later, it's time to take a look around.

Who could have anticipated, in 1980, the multimillion-dollar cuts in state and federal dollars Massachusetts communities have weathered in recent years? Who could have known the blow to budgets delivered by double-digit increases in health-care costs? Was anyone considering the boom we've experienced in our state's school-aged population or the cost of deferred maintenance for our aging roads and buildings?

The arbitrary ceiling of 2.5 percent simply does not match reality. Costs of the everyday services our communities depend on — schools, police, libraries, public works — grow at a much faster rate. Factors such as energy prices, health insurance rates, and the cost of unfunded state and federal mandates are outside the control of those who deliver these vital local services.

By hindering a community's ability to pay for needed services, Proposition 2½ has had a devastating effect that voters 25 years ago surely did not intend. A study done at the 20-year mark found that the measure actually lowers property values. Researchers found: "The evidence is compelling that restrictions on a community's ability to raise taxes did lower its property values." (Lang and Jian, "Property Taxes and Property Values: Evidence from Proposition 2½," August 2000)

Beyond the damage to homeowners' property values, whole communities have been harmed. Immediately after the passage of Proposition 2½, many communities began making the first in a long series of serious cuts to schools and other municipal services. Class sizes have increased, textbooks have grown out of date, educational offerings have been reduced, aging buildings have been neglected, and critical police and fire services have been reduced to dangerous levels.

Our state now ranks at the bottom in the amount of government spending as a share of personal income. We are 43rd among states in K-12 spending, 37th in public safety, and last among all 50 states in the share we invest in higher education and in parks and recreation.

But not all schoolchildren are suffering equally. In part thanks to Proposition 2½, our state also leads the nation in the gap between our highest- and lowest-poverty school districts. Children in more affluent communities are educated with $1,343 more in public support than those in struggling cities. Wealthier communities are more likely to muster the support for overrides, widening the inequities that already exist.

At a time when our economic survival demands a better-educated work force, Massachusetts led the nation in 2002 to 2004 in cutting state funding for K-12 education. While most states spared K-12 education from budget cuts during these two years, we were one of four states that cut spending in both years. Massachusetts education spending dropped by 7.2 percent, compared to a nationwide average increase of 4.4 percent.

In a study of the impact of state fiscal policies on education, researcher Andrew Reschovsky found that "the combination of cuts in state funding for education, the inability to adequately raise property taxes, and the rising costs of meeting new performance standards suggests that over the next few years there will be a significant increase in both the number of schools classified as failing and the number of students receiving an inadequate education."

Proposition 2½ is a failed fiscal policy. It has placed our communities on a roller coaster of uncertainty and made them more vulnerable to economic downturns. Not only has it lowered property values, it has created a structural deficit that is eroding schools, public safety and other valued services.

Stand for Children is a grass-roots movement of everyday people who refuse to sit by while our children's future is put at risk. We have helped pass Proposition 2½ overrides in Lexington and Arlington to lower class sizes and restore educational programs that had been cut. As a growing statewide organization, we are committed to moving beyond a piecemeal approach to improving children's chance in life. We welcome the involvement of everyone who recognizes the failures of Proposition 2½, and who wants to work with us to improve our state's investment in education.

Voters 25 years ago made a decision that helped determine the quality of our schools and our community life. That choice does not lie only in the past. The citizens of this great state, today, have choices, too. We can — and must — do better, Massachusetts! Stand with us for children, and for communities based on sound fiscal policies and a commitment to the well-being of all.

Meg Ansara is the Massachusetts state director for Stand for Children, an Arlington-based organization describing itself as "a citizen voice for children" that advocates "for improvements to and funding for programs that give every child a fair chance in life."

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NOTE: In accordance with Title 17 U.S.C. section 107, this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml


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