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Correcting the record

by Rep. Mike Jopek
| January 7, 2010 10:00 PM

While away with family, I read in the papers that my fine colleague, Sen. Bruce Tutvedt, R-Kalispell, may have misinformed folks at the recent town hall meeting in Kalispell about House Bill 658 and property reappraisal.

It's silly to blame the Montana Department of Revenue for giving the wrong number of projected taxpayers who may see a $200 or higher annual property tax increase in Flathead County, when in fact the department projected in March that 2,665 Flathead County homeowners would likely see an increase of $200 or more; the number that fits with the actual facts.

That data was not only given to the committee, by county, but was posted on the department's Web site during the legislative session, and it remains available online at http://mt.gov/revenue/forindividuals/property/reappraisal/estimated%20change%20in%20property%20tax%20liability.pdf.

Sen. Tutvedt may also be confused about what he calls "outliers." In March, the department informed the committee that there were 784 owner-occupied statistical outliers in Flathead County — property parcels that had experienced a market value increase of greater than 150 percent or a value decrease of greater than 50 percent.

Sen. Tutvedt's Senate Committee then directed and approved that the department should exclude these 784 'statistical outliers' from the data analysis, but when the final assessment notices were sent out, the actual number of owner-occupied statistical outliers in Flathead County had been reduced to 675 — close to the original estimate.

It's easy to blame someone else for our mistakes, but the Legislature, including Sen. Tutvedt, was provided accurate information by the Department of Revenue on the impact of reappraisal on homeowners, including those in Flathead County. Maybe Sen. Tutvedt did not pay enough attention or understand this information in making reappraisal decisions or casting his vote for the bill.

Candor with our community would suggest we correct misinformation that is floating around the Flathead community including the inaccurate data and mathematics put together by John Sinrud, of the Northwest Montana Association of Realtors. This misinformation does not help anyone and only causes needless anxiety and destroys trust.

A few weeks ago, as John Sinrud of these fine Realtors was lobbying in Helena, I asked him if they would support my efforts to cap property taxes at 3 percent or implement a new valuation only upon the sale of owner-occupied homes. We wait for a response.

Last April, legislators should have listened to the simple idea of freezing the phase-in of valuations and rework the policy in 2011. They pushed ahead over my objections, yet I remain duty-bound to work with any legislator or citizen in developing a workable solution. But we cannot tolerate misinformation about the Legislature's failure on tax policy, as without honest dialog, there will be no real or lasting fix in the future.

If my esteemed colleagues, like Sen. Tutvedt, thought that HB 658 was bad for homeowners, they should have joined me in voting no and gone back to work, as there was plenty of time to fix the Senate's mess. Recall it was the Senate that added a never-before-enacted new tax on larger homes, under-mitigated by 15 percent, refused to further cap extraordinary valuation increases, and ignored ability to pay provisions for the elderly, poor or disabled.

Regardless of policy differences, I am glad that folks are willing to recognize what I've said for nearly a year: HB 658 is a failure and tax caps were needed for locals, particularly in growth areas.

I remain ready to work with any legislator willing to engage in open and honest dialog — one that fosters real solutions and works to the betterment of locals.

Rep. Mike Jopek, D-Whitefish, is a local farmer and served in the 2005, 2007 and 2009 Legislatures. He can be reached at mjopek@mt.gov or 250-1184.