The state Legislature wants to pull a fast one on teachers and all of us this election with its broadly worded constitutional amendment, which would grant it new property tax powers. The nominal cause is definitely a worthy one: to increase public education funding. Educators who support this amendment are well-intentioned, and we should increase school funding, but not this way.

Supporters say this new “surcharge” will discourage rich foreign investors from driving up housing costs while simultaneously helping our keiki, which sounds great — but the Legislature could do that next session without any new powers. Furthermore, the limits of this surcharge and what kinds of property it will apply to depend entirely on enabling legislation that, for now, exists only as a proposal — and could be changed by future legislation. In other words, anything could happen.

We don’t need to open this Pandora’s box. The Legislature could significantly increase the conveyance tax on real property sales to foreign investors right now, and make the tax payable by the buyer rather than the seller. Currently, the sale of a $1 million property results in a conveyance tax of approximately $1,900 if sold to someone ineligible for a homeowner’s exemption (for example, a foreign investor). That’s only $500 more than if sold to a local buyer who does qualify for a homeowner’s exemption.

If we want to disincentivize foreign investors driving up home prices, this is where we should be looking, and we don’t need to change our state Constitution to do it.

HSTA President Corey Rosenlee’s recent column (“School tax would help kids and deter rich outside investors,” Island Voices, Star-Advertiser, Sept. 16) cited real estate sales of $700 million at the Trump condo-hotel in Waikiki, much of it consisting of sales to foreign investors. Imagine if there had been a simple 10 percent conveyance tax payable by those “rich outside investors.” That one property alone would have generated $50-70 million for schools — that is, if all of it were truly dedicated to public education, and in addition to current funding.

That’s the other problem with the surcharge amendment. There aren’t any guarantees that the Legislature wouldn’t reduce existing school funding, or more likely, just stop increasing it at the rate of inflation. No — and this is coming from a lifelong second-generation educator, now administrator. I would likely see my salary go up right along with the teachers (and I don’t own any $1 million investment properties), but I know a hustle when I see it.

There is just too much leeway for the Legislature in this amendment, and all politicians (everywhere) have a terrible track record sticking to their word, particularly when given a blank check. The Legislature has all the taxation power it needs to help our kids, if legislators would only grow the spine to use it.

Beyond the conveyance tax, the Legislature could also raise the transient accommodations tax (paid by visitors) or the income tax rate on the highest earners who can most afford it. They could go after all the unpaid taxes pocketed by scofflaw AirBnb operators.

Supporters of this proposed amendment say they’ve tried all of that, but the Legislature is unwilling on all counts, which begs an important question. If we can’t trust our legislators to use their current tax powers to help our schools, why in the world would we trust them with an entirely new tax power?

Joseph Perez is a personnel administrator with Hawaii’s Department of Education; he is a former union agent with the Hawaii State Teachers Association and a longtime educator. The opinions expressed here are his own.