In its final Report to the
Legislature, the Property Tax Convention Task Force has recommended
that education rights and school spending be off-limits if
a constitutional convention is held to address New Jerseys
over-reliance on local property taxes.
The Legislature will now
consider whether to allow voters to decide on holding a constitutional
convention in the November election.
In its recommendations,
the Task Force makes clear that the Convention should be "strictly
limited to considering and making recommendations to reform
the current system of property taxation," and that any
consideration of levels of spending for municipal and education
services should be beyond the scope of the convention. The
Task Force concluded that "if a Convention were empowered
to also address the level and purposes of spending, there
would be no way to effectively confine the scope of the Convention
to ensure against it becoming a forum for debate about divisive
social issues."
In adopting the position
taken by Education Law Center, the Task Force also recommended
that the Convention be expressly prohibited from considering
the constitutional guarantee of a thorough and efficient education
for New Jersey children. In testimony to the Task Force, ELC
Executive Director David Sciarra urged the Task Force to ensure
the "T&E clause" on which the landmark
Abbott v. Burke rulings are based could not be watered
down or weakened in order to lower property taxes.
"Were grateful
to the Task Force for taking education rights and spending
for our schools off the table," said Mr. Sciarra. "We
now must make sure the Legislature follows through on the
Task Force recommendations."
Report
of the Constitutional Convention Task Force
Related Story: ELC,
Ed Groups, Warn Task Force to Stay Away from"T and E"