Montana
Second home tax, other property tax relief bills clear the House
A trio of major property tax relief bills — Gov. Greg Gianforte’s flagship effort to pull down homeowner property taxes by boosting taxes on second homes and two other measures pitched by Democrats — passed the Montana House with bipartisan votes Thursday, advancing to the state Senate.
Gianforte’s bill, House Bill 231, was amended by the House Appropriations Committee last week in an effort to win the Democratic votes necessary to overcome opposition from some Republicans. It ultimately passed the House on a 68-30 margin. The bill’s supporters, including sponsor Rep. Llew Jones, R-Conrad, also fended off floor amendments brought by Rep. Terry Falk, R-Kalispell, that would have rewritten the measure wholesale.
The two Democratic bills forwarded to the Senate include House Bill 155, an alternative to the Gianforte-Jones bill that aims to rebalance the state property tax system without singling out homes that aren’t being used as primary residences. The other is House Bill 154, which would offer homeowners and renters an income tax credit to help offset their property tax bills.
Separately, the Montana Senate gave support with a 50-0 preliminary vote Wednesday to a property tax measure that would divert some lodging tax dollars to a permanent tax relief fund. That measure, Senate Bill 90, has been amended to remove earlier provisions that would have defunded state tourism promotion efforts. It’s been cited as a preferred option by some Republicans who dislike aspects of the Gianforte-Jones measure, including Senate President Matt Regier, R-Kalispell.
Several other property tax proposals have also been proposed by lawmakers so far this year, including a measure that would permit local option sales taxes to offset property taxes, address a loophole that allows luxury homes to qualify for agricultural tax breaks, constrain the growth of local government revenues, make it harder to pass property tax levies, and rework the rates that translate market-rate property values to the taxable values used for tax bills.
Both the Gianforte-Jones bill and the Democratic alternative, HB 155, dial down the taxable value conversion rates for residential properties, making a smaller share of home values subject to the property tax math that divvies up the cost of schools, law enforcement and other local services. Both employ a tiered rate structure that focuses savings on lower-value properties and includes provisions intended to shield small businesses as taxes are shifted off homes and onto other classes of property.
In an effort to minimize how much its residential tax relief shifts taxes onto farms and business properties, the Gianforte-Jones bill also divides the state’s current residential tax category into homes that are and aren’t primary residences, taxing owner-occupied homes and long-term rental properties at lower rates than second-homes and Airbnb-style short-term rentals. Jones and the governor have justified that distinction by arguing that second homeowners often don’t pay the Montana income taxes that fund most of the cost of state-level public services.
Opponents of the governor-backed bill have argued that taxing second homes could produce a situation where Montana residents are saddled with untenable taxes on a longtime family vacation home. They also note that the state would have to ask homeowners and landlords to file applications in order to claim the lower tax rate.
While the bill specifies that an initial eligibility list would be based on homeowners who received property tax rebates following the 2023 session, opponents are worried that the application requirement would leave eligible property owners who miss the memo saddled with higher taxes.
Debating the Gianforte-Jones bill on the House floor Wednesday, Rep. Mary Caferro, D-Helena, drew a comparison to the state’s Medicaid redetermination process, where she said tens of thousands of people lost their state-managed health coverage as a result of procedural issues.
“My concern is that we may have a similar experience with this application process for people who didn’t get the rebate,” Caferro said.
Jones said that the state would be able to offer a simple one-time, one-page application. “Once you’re signed up as a homeowner, then you’ll be able to remain signed up until there’s a change in the property,” he said.
Falk made a similar argument as he pushed to amend the bill so it would avoid the second home distinction, saying a simpler measure would avoid a “crazy application process.”
Jones argued the nature of Montana’s tax system means lowering taxes on one type of property isn’t possible without “squeezing the balloon” onto another type of property — making the effort to collect extra revenue from second homes a vital part of the governor’s proposal.
“This is a difficult problem to make work — you have to have a revenue source,” Jones said. “This wasn’t the executive or the governor’s idea — until I forced them to model this, they didn’t think it would work either.”
The second Democratic bill, HB 154, would create an income tax credit that offsets property taxes for middle- and lower-income homeowners and renters, specifying that renters can attribute 15% of their rent bill to taxes. Its sponsor, Rep. Jonathan Karlen, D-Missoula, has argued that tying property and income taxes together would make Montana’s tax system more responsive to individual circumstances.
“Unlike income taxes, property taxes don’t adjust based on means, or adjust when hard times hit,” Karlen said during Wednesday’s floor debate.
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Property values have risen dramatically in Montana, but that doesn’t necessarily mean you (or your landlord) will pay higher property taxes. If you want to know why, read our property tax explainer — with pictures.
Karlen and other Democrats also say a tax credit that includes renters would address their concern that under other bills landlords would either be left out of tax relief efforts or pocket any savings. Jones, in contrast, has argued that market competition will force landlords to pass the savings onto their tenants.
The Karlen bill’s journey across the House floor, where it passed 59-39, was boosted by a coordination clause added to the Gianforte-Jones measure as its backers sought to win Democratic votes. That clause, which could be removed by the Senate, specifies an additional rate discount for lower-value homes if the tax credit bill fails to make it to the governor’s desk.
House Minority Leader Katie Sullivan acknowledged in a press conference this week that tying the governor’s key policy proposal to a Democratic priority bill was “confusing,” but said it was consistent with the caucus’s efforts to advance proposals that it believes provide relief for working Montanans.
”We really are just trying to move more than just one bill through this process and continue a conversation,” Sullivan said. “And sometimes we do weird things to make that happen.”
The other Democratic bill, the explicit alternative to Gianforte-Jones bill, passed its final House vote this week 68-30.
Zeke Lloyd contributed reporting.
Montana
University of Montana president job draws high interest • Daily Montanan
The search for a new University of Montana president has drawn more than 60 applicants, according to a spokesperson for the Office of the Commissioner of Higher Education.
“We do not have an exact count at this time, as several applications are still being completed and additional submissions are expected,” said spokesperson and Deputy Commissioner Galen Hollenbaugh in an email earlier this week.
In January, then-UM-President Seth Bodnar announced his resignation to pursue other public service. Wednesday, the final day of filing, he announced he was running as an independent for the U.S. Senate to try to unseat Republican incumbent Steve Daines.
Commissioner of Higher Education Clayton Christian earlier said that with the advice of AGB Search, a firm that’s helped the Montana University System conduct other executive searches, he would undertake an expedited process to appoint a new president.
Christian has been providing brief updates on a website dedicated to the search. Last week, he said he and AGB Search are reviewing applications, and the pool of candidates was “strong and diverse.”
The commissioner also announced he was convening a small working group to assist in the search, members who “represent a variety of perspectives to assist in vetting and narrowing this field of exceptional candidates.”
In an email this week, Hollenbaugh identified the members of the working group who are assisting Christian with application review as:
- Community member and former Regent Joyce Dombrouski
- Faculty Senate Chairperson Valerie Moody
- Staff Senate President Dominic Beccari
- Administration Representative John DeBoer (Vice President of Academic Affairs)
- ASUM (Associated Students of the University of Montana) President Buddy Wilson
Hollenbaugh declined to comment on the way the rest of the process would unfold or the role the working group members would play.
Christian earlier said he anticipated an appointment within one to three months, or as soon as early this month.
Montana
Montana Supreme Court allows ballot measure on initiative process to move forward
HELENA — The Montana Supreme Court has ruled in favor of a proposed ballot measure intended to simplify the process for introducing ballot measures in the future.
Justices ruled 5-2 that the measure, currently called Ballot Issue #8, did not violate state requirements that a single constitutional amendment can’t make multiple separate changes to the Montana Constitution.
“We’re very grateful to the Montana Supreme Court for agreeing with us that the attorney general’s finding of legal insufficiency for Ballot Issue #8 was incorrect,” said SK Rossi, a spokesperson for Montanans Decide, the group sponsoring the measure.
Montanans Decide argues the Montana Legislature has passed laws making it harder for the public to propose and pass ballot issues. The Montana Constitution already guarantees the people the right to pass laws and amendments through ballot measures, but Ballot Issue #8 would expand that to include a right to “impartial, predictable, transparent, and expeditious processes” for proposing those measures. It would seek to prevent “interference from the government or the use of government resources to support or oppose the ballot issue.”
Attorney General Austin Knudsen’s office argued the measure “implicitly amended” multiple provisions in the state constitution, including by limiting the “power and authority of public officials to speak officially on ballot issues that affect those officials’ public duties” and by putting restrictions on judges and on the Legislature. Montanans Decide, the group sponsoring Ballot Issue #8, disagreed – and the majority of justices sided with them.
“Its provisions operate together to define and protect a single constitutional right—the people’s exercise of initiative and referendum,” wrote Justice Katherine Bidegaray in the majority opinion. “They are closely related components of one constitutional design.”
Bidegaray’s majority opinion was joined by Justices Jim Shea, Laurie McKinnon, Beth Baker and Ingrid Gustafson.
Chief Justice Cory Swanson and Justice Jim Rice each wrote dissenting opinions, saying they would have upheld Knudsen’s decision to disallow Ballot Issue #8. Rice said the language restricting government interference with a ballot issue was not closely related and should have been a separate vote. Swanson agreed with Rice and said the measure’s attempt to fix a timeline for legal cases surrounding ballot measures was also a separate substantial change.
In a statement, Chase Scheuer, a spokesperson for Knudsen’s office, reacted to the decision.
“This decision only further muddies the courts’ jurisprudence on ballot issue questions,” he said. “This initiative would violate the separate vote requirement by amending multiple parts of the Montana Constitution, but the court contradicted its prior rulings. Attorney General Knudsen will continue to neutrally apply the separate vote requirement in his review of ballot initiatives.”
The court’s decision means that Knudsen’s office will now need to approve ballot language for Ballot Issue #8. Once that language is finalized, Montanans Decide could begin gathering signatures to qualify the measure for the November ballot.
However, last year, sponsors of another initiative went to the Supreme Court to argue that the ballot statements Knudsen prepared were misleading. If Montanans Decide object to their ballot statements, that could further delay signature gathering while the case plays out in court.
“Regardless, we’re going to push as hard as we can to get those petitions into the hands of voters and let them sign and support if they so choose,” said Rossi.
Rossi said the legal battle this measure has gone through – and the possibility of more to come – shows why Ballot Issue #8 is needed.
“The state Legislature, and also statewide elected officials, have taken every opportunity to create burdens and hurdles and rigamarole for campaigns to get through in order to just get to the signature gathering phase, and then to get through the signature gathering phase onto the ballot, and then get through the election phase,” said Rossi. “The reason we filed this initiative is just to make sure that the process is simple, that the timeline is clear, and that Montanans can have their will heard when they want to propose and pass laws that they deem worthy.”
Montana
Christi Jacobsen enters race for Western House seat
HELENA, Mont. — Montana Secretary of State Christi Jacobsen is running for Montana’s Western Congressional District seat, entering the race a day after U.S. Rep. Ryan Zinke announced he would not seek reelection.
Jacobsen’s announcement sets up a new contest for the open seat after Zinke, a Republican, said he would seek reelection.
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“As your Secretary of State, I’ve stood up to Washington overreach, defended election integrity, and delivered real results for Montanans. In 2020, voters gave me a mandate to clean up our elections, grow Montana business, and push back against radical liberal special interests. I delivered. Now it’s time to take that same results-driven, America First leadership to Congress.”
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