[FN7. The effect of the permissive taxes has been to create further
inequities across the state because, even if the voters did not veto
them, those counties with a high population and high payrolls would
produce many times more revenue than counties (districts) not so
blessed.]
The story continues. At its regular session in 1972, the General Assembly redefined
the terms "net assessment growth" to include not only new property, but also the
difference in the assessed valuation of all property subject to tax in the previous
year, thus boosting total revenues by the tax on property value inflation.
In 1976, the handling of revenue took another turn. The General Assembly
transferred the levy and collection of the required local tax effort to the State, to be
included as part of the receipts of the General Fund. [FN8] To provide funds which
would help equalize, to some extent, the disparities in local financial effort, the
General Assembly, also in 1976 passed the so-called Power Equalization Program [FN9]
[hereinafter PEP].
[FN8. As the trial judge stated, the appearance that this created
additional monies was strictly an illusion; rather it altered the method
of levy and collection. No new funds were provided to local schools by
the state.]
[FN9. KRS 157.545 et seq. The relevant details of this program (PEP)
will be discussed infra.]
In 1979, the then Lieutenant Governor, in the Governor's absence from the state,
called yet another special session of the General Assembly. At that session, H.B. 44
was enacted. This law required school districts to reduce their tax rates on real
property each year so that current revenue could not exceed the previous year's
revenue by more than 4%. However, in order to institute any increase in revenue,
H.B. 44 required the elected school board members to hold a public hearing on the
matter. If the proposed increase (through a tax rate increase) would generate more
than the 4% increase, the voters could force a public referendum on the excess. In
other words, an increase of up to 4% (over the previous year) would not be
approved without a public hearing. If the increase proposed were more than 4%, the
excess thereof was subject to a vote of the public.
The record in this case shows the property tax rate declined statewide nearly 33%
from 1979 to 1981, directly as a result of H.B. 44. Although the tax base (total
assessed value) has increased, there has been little or no increase in local revenues
for schools.
As can be seen, the state's contribution to the local school programs (the so-called
common schools) arises primarily from the MFP and the PEP. It is essential to a
decision in this case to give a brief summary of each of these legislative acts.
To qualify as a participant in the MFP, a local school district must operate and pay its
teachers for 185 days per school year, and it must actually operate its school(s) the
same number of days. The State Superintendent of Public Instruction allots the
classroom units to each district, the number of which depends on the average daily
attendance in each grade. Each district receives a grant of money from the MFP
based on the number of classroom units assigned to it. The funds may be used for
teachers' salaries, current expenses, capital outlay and transportation of students.
The state also provides financial resources to local school districts through the PEP.
Each year, the Kentucky Department of Revenue determines the equalized fair cash